Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 13th 2024 CASE NO. OLT-24-000816
OLT-24-000817
OLT-24-000818
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Reid's Heritage Homes, Edmund Patrick Taylor and Foot Bridge Holdings Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To develop a new subdivision with a total of 829 residential units
Reference Number: OR12/21
Property Address: 840 & 900 Main Street East and 945 Franklin Boulevard
Municipality/UT: Cambridge/Waterloo R
OLT Case No.: OLT-24-000816
OLT Case Name: Reid's Heritage Homes et al v. City of Cambridge
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Reid's Heritage Homes, Edmund Patrick Taylor and Foot Bridge Holdings Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To develop a new subdivision with a total of 829 residential units
Reference Number: OR12/21
Property Address: 840 & 900 Main Street East and 945 Franklin Boulevard
Municipality/UT: Cambridge/Waterloo R
OLT Case No.: OLT-24-000817
OLT Lead Case No.: OLT-24-000816
OLT Case Name: Reid's Heritage Homes et al v. City of Cambridge
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Reid's Heritage Homes, Edmund Patrick Taylor and Foot Bridge Holdings Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To develop a new subdivision with a total of 829 residential units
Reference Number: D18-20/20T-21103
Property Address: Reid's Heritage Homes, Edmund Patrick Taylor and Foot Bridge Holdings Inc.
Municipality/UT: Cambridge/Waterloo R
OLT Case No.: OLT-24-000818
OLT Lead Case No.: OLT-24-000816
OLT Case Name: Reid's Heritage Homes et al v. Region of Waterloo
B E F O R E:
BITA M. RAJAEE
MEMBER
) Friday, the 13th day of
) December 2024
THESE MATTERS having come before the Tribunal for a hearing, in writing, on December 12, 2024, and the Tribunal having duly considered the materials filed on consent of the Parties,
WHEREAS Reid's Heritage Homes, Edmund Patrick Taylor, and Foot Bridge Holdings Inc. (“Applicants”) submitted applications for an Official Plan Amendment (“OPA”), Zoning By-law Amendment (“ZBA”), and Draft Plan of Subdivision (“DPOS”) in relation to lands known municipally as 840 and 940 Main Street East and 945 Franklin Boulevard (“Subject Property”) in the City of Cambridge (“City”), to facilitate a mixed-used development comprising of commercial/retail and residential uses including multiple residential dwelling types totaling approximately 1,188 units.
AND WHEREAS the Applicants appealed the OPA, ZBA, and the DPOS to the Tribunal, and these matters having come before the Tribunal for a Case Management Conference on October 9, 2024;
THE TRIBUNAL having been advised by the Parties, being the Applicants, the City, and the Regional Municipality of Waterloo (“Region”), on November 29, 2024, that a full settlement agreement had been reached;
AND THE TRIBUNAL, having received and considered:
i. A Motion Record presenting the settlement agreement, which included:
a. A comprehensive Affidavit (and accompanying exhibits), sworn on December 5, 2024 by Emily Elliot, a Registered Professional Planner and full member of the Canadian Institute of Planners and Ontario Professional Planners Institute;
b. The Minutes of Settlement as between the Parties, executed on December 5, 2024;
c. A Draft Order;
d. The proposed draft Zoning By-law Amendment;
e. The proposed Draft Plan of Subdivision; and
f. The proposed Conditions of Draft Plan Approval.
AND THE TRIBUNAL, having accepted the uncontested expert land use planning opinion evidence of Emily Elliott, with respect to the ZBA, DPOS, and Conditions of Draft Plan Approval before the Tribunal, that these instruments, and the settlement they would facilitate are consistent with, conform to, and are in keeping with applicable policies and guidelines of the Province of Ontario and the City of Cambridge, including:
i. The Planning Act, R.S.O. 1990, c. P.13, specifically section 2, and sections 51(24) in relation to the DPOS and 51(25) in relation to the DPOS Conditions;
ii. The Provincial Planning Statement, 2024;
iii. The Provincial Policy Statement, 2020;
iv. The Growth Plan for the Greater Golden Horseshoe 2020;
v. The Region of Waterloo Official Plan;
vi. The City of Cambridge Official Plan;
vii. The Main and Dundas Secondary Plan; and
viii. The City of Cambridge Zoning By-law.
AND THE TRIBUNAL finding that the requested ZBA and DPOS, as revised under the settlement, and the Conditions of Draft Plan Approval meet the required legislative tests, represent good planning, are in the public interest, and warrant approval;
AND THE TRIBUNAL, having accepted the opinion evidence of Ms. Elliott that the OPA is no longer required as Official Plan Amendment No. 65, which is the Main Street and Dundas Street Secondary, is now in full force and effect, and having been advised that the subject OPA Appeal is no longer required and that the Applicants wish to withdraw the OPA Appeal.
NOW THEREFORE
THE TRIBUNAL ORDERS THAT:
The Applicants’ appeal pursuant to section 22(7) of the Planning Act is dismissed.
The Applicants’ appeal pursuant to section 34(11) of the Planning Act is allowed, in part, and:
a. The City of Cambridge Zoning By-law No. 150-85 is amended as set out in Attachment 1 to this Order.
b. The Tribunal authorizes the municipal clerk of the City of Cambridge to assign a number to this by-law for record keeping purposes.
- The Applicants’ appeal pursuant to section 51(34) of the Planning Act is allowed, in part, and:
a. The Draft Plan of Subdivision is approved in accordance with Attachment 2 to this Order, subject to the City of Cambridge’s and Region of Waterloo’s Draft Plan Conditions set out in Attachment 3 to this Order;
b. Pursuant to section 51(56.1) of the Planning Act, the City of Cambridge and the Region of Waterloo shall have the authority to clear the Conditions of Draft Plan Approval (at Attachment 3) and to administer final approval of the Plan of Subdivision (at Attachment 2) for the purposes of section 51(58) of the Planning Act. In the event that there are any difficulties implementing any of the Conditions of Draft Plan Approval, or if any changes are required to be made to the DPOS, the Tribunal may be spoken to.
- The Parties may contact the Tribunal should they require assistance respecting the implementation of this Order.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
ATTACHMENT 1 ZONING BY-LAW AMENDMENT
THE CORPORATION OF THE CITY OF CAMBRIDGE BY-LAW 24-XXXX
Being a By-law to amend Zoning By-law 150-85, as amended, with respect to lands municipally known as 840 and 940 Main Street and 345 Franklin Boulevard, Cambridge.
WHEREAS Council of the City of Cambridge has the authority pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P. 13, as amended to pass this By-law;
WHEREAS this by-law conforms to the City of Cambridge Official Plan, as amended;
AND WHEREAS, Council deems that adequate public notice of the public meeting was provided and adequate information regarding this Amendment was presented at the public meeting held June 28, 2022, and that a further public meeting is not considered necessary in order to proceed with this Amendment.
NOW THEREFORE BE IT RESOLVED THAT the Corporation of the City of Cambridge enacts as follows:
THAT this By-law shall apply to the lands described as Part of Lots 28 and 49, Registered Plan 1135 and Part of Lots 4 and 5, Concession 11, North Dumfries, City of Cambridge, Regional Municipality of Waterloo; and as shown on Schedule A attached hereto and forming part of this By-law.
THAT -law 150-85, as amended,
is hereby amended by changing the zoning classification of the lands shown in
-law from M4 and
N1(H)M4 to the following:
a. RM3 s.4.1.444.1
b. RM3 s.4.1.444.2
c. RM3 s.4.1.444.3
d. RM3 s.4.1.444.4
e. (H)RM3 s.4.1.444.5
f. OS4
g. OS1
h. (H) OS1
- THAT the City of Cambridge Zoning By-law No. 150-85, as amended, is hereby further amended by adding the following subsections under section 4.1 thereof:
4.1.444.1
Notwithstanding the provisions of sections 2.2.2.3 (f); 3.1.2.4 (b), (e), (f), (h); and 3.1.2.6 (b), (e), and (i); and 2.1.13 of this By-law, the following regulations shall apply to the lands in the RM3 zone to which reference s.4.1.444.1 is made on By-law:
a. A maximum density of 160 units per net residential hectare shall be permitted.
b. In addition to the uses permitted by section 3.1.2.1, the uses permitted by the C2 zone shall also be permitted.
c. A minimum of 300 square metres of commercial and/or retail gross floor area must be provided.
d. No maximum gross leasable floor area shall be required for the permitted commercial and retail uses.
e. Commercial and/or retail uses may be located within a mixed-use building or in a free standing building.
f. For apartment buildings only:
i. A minimum rear (westerly) yard of 6.0 metres shall be required.
ii. A minimum interior side yard (northerly) of 4.5 metres shall be required.
iii. A minimum interior side yard (southerly) of 6.0 metres shall be required.
g. For all other dwelling unit types permitted in cluster development:
i. A minimum rear (westerly) yard of 6.0 metres shall be required, provided, however, that the yard may be reduced to 3.0 meters if the wall of the unit faces a zone other than an R-class or RS- class zone and subject to section 3.1.2.6 (h) of the Zoning By- law.
ii. A minimum interior side yard (northerly) of 4.5 metres shall be required, provided, however, that the yard may be reduced to
3.0 meters if the wall of the unit faces a zone other than an R- class or RS-class zone and subject to section 3.1.2.6 (h) of the Zoning By-law.
iii. A minimum interior side yard (southerly) of 6.0 metres shall be required, provided, however, that the yard may be reduced to
3.0 meters if the wall of the unit faces a zone other than an R- class or RS-class zone and subject to section 3.1.2.6 (h) of the Zoning By-law.
h. A minimum common amenity area of 15 square metres per dwelling unit is required.
i. A maximum building height of twenty (20) storeys shall be permitted.
j. No access aisle driveway, aisle, parking stall or parking lot in an RM- class zone shall be located within 4.5m of a window of a habitable room of a dwelling unit, measured perpendicular to the wall containing such window, where the surface of the floor in such habitable room is less than 1.0m above finished grade.
k. The zoning regulations for multiple residential development in the RM3 s.4.1.444.1 zone shall be applied to the entirety of the block of land zoned RM3 s.4.1.444.1, and not the individual lots/units created through future plan of condominium registration including the creation of parcels of tied land or severance applications.
l. For the purposes of interpretation of this by-law, any lot or block that is part of a condominium corporation with frontage on a private road will be considered to have frontage on a public street. The erection, location or use of more than one building or structure on the lands zoned RM3 s.4.1.444.1 is permitted, provided they are associated with a plan of condominium.
m. The subject lands are designated as Class 4 Noise Area pursuant to the Ministry of the Environment, Conservation and Parks Publication NPC-300 Environmental Noise Guideline for Stationary and Transportation Noise Sources.
- THAT the City of Cambridge Zoning By-law No. 150-85, as amended, is hereby further amended by adding the following subsections under section 4.1 thereof:
4.1.444.2
Notwithstanding the provisions of sections 2.2.2.3(f); 3.1.2.4 (b), (c), (e), (f), and (h); and, 3.1.2.6 (b), (c), (e), and (i); and, 2.1.13 of this By-law, the following regulations shall apply to the lands in the RM3 zone to which reference
part of this By-law:
a. A maximum density of 125 units per hectare shall be permitted.
b. For apartment buildings:
i. A minimum front yard of 4.5 metres shall be required.
ii. A minimum rear yard of 3.0 metres shall be required.
iii. A minimum interior side yard of 3.5 metres shall be required.
c. For all other dwelling unit types permitted in cluster development:
i. A minimum front yard of 4.5 metres shall be required.
ii. A minimum rear yard of 3.0 metres shall be required.
iii. A minimum interior side yard of 3.5 metres shall be required, provided, however, that the yard may be reduced to 3.0 meters if the wall of the unit faces a zone other than an R-class or RS- class zone and subject to section 3.1.2.6 (h) of the Zoning By- law.
d. A minimum common amenity area of 15 square metres per dwelling unit is required.
e. A maximum height of twenty (20) storeys shall be permitted.
f. No access aisle driveway, aisle, parking stall or parking lot in an RM- class zone shall be located within 4.5m of a window of a habitable room of a dwelling unit, measured perpendicular to the wall containing such window, where the surface of the floor in such habitable room is less than 1.0m above finished grade.
g. The zoning regulations for multiple residential development in the RM3 s.4.1.444.2 zone shall be applied to the entirety of the block of land zoned RM3 s.4.1.444.2, and not the individual units created through future plan of condominium registration including the creation of parcels of tied land or severance applications.
h. For the purposes of interpretation of this by-law, any lot or block that is part of a condominium corporation with frontage on a private road will be considered to have frontage on a public street. The erection, location or use of more than one building or structure on the lands zoned RM3 s.4.1.444.2 is permitted, provided they are associated with a plan of condominium.
i. The subject lands are designated as Class 4 Noise Area pursuant to the Ministry of the Environment, Conservation and Parks Publication NPC-300 Environmental Noise Guideline for Stationary and Transportation Noise Sources.
j. In addition to the above-noted regulations, the following additional regulations apply
i. Noise sensitive uses, as identified by the Environmental Noise Guideline for Stationary and Transportation Sources (NPC-300), including dwelling units, private amenity areas and common amenity areas shall not be permitted.
ii. All other uses permitted in the underlying RM3 zone may be permitted including but not limited to, parking, grading and landscaping.
- THAT the City of Cambridge Zoning By-law No. 150-85, as amended, is hereby further amended by adding the following subsections under section 4.1 thereof:
4.1.444.3
Notwithstanding the provisions of sections 2.2.2.3(f); 3.1.2.4 (b), (d), (f), and (h); and, 3.1.2.6 (b), (d),(e), and (i); and, 2.1.13 of this By-law, the following regulations shall apply to the lands in the RM3 zone to which reference
-law:
a. A maximum density of 125 units per hectare shall be permitted.
b. For apartment buildings:
i. A minimum northerly exterior side yard of 4.5 metres shall be required.
ii. A minimum rear (westerly) yard of 7.5 metres shall be required.
c. For all other dwelling unit types permitted in cluster development:
i. A minimum northerly exterior side yard of 4.5 metres shall be required, provided, however, that the yard may be reduced to
3.0 meters if the wall of the unit faces a zone other than an R- class or RS-class zone and subject to section 3.1.2.6 (h) of the Zoning By-law.
ii. A minimum rear (westerly) yard of 7.5 metres shall be required, provided however, that the yard may be reduced to 3.0 meters if the wall of the unit faces a zone other than an R-class or RS- class zone and subject to section 3.1.2.6 (h) of the Zoning By- law.
d. A minimum common amenity area of 15 square metres per dwelling unit is required.
e. A maximum height of twenty (20) storeys shall be permitted.
f. No access aisle driveway, aisle, parking stall or parking lot in an RM- class zone shall be located within 4.5m of a window of a habitable room of a dwelling unit, measured perpendicular to the wall containing such window, where the surface of the floor in such habitable room is less than 1.0m above finished grade.
g. The zoning regulations for multiple residential development in the RM3 s.4.1.444.3 zone shall be applied to the entirety of the block of land zoned RM3 s.4.1.444.3, and not the individual units created through plan of condominium registration including parcels of tied land or future severance applications.
h. For the purposes of interpretation of this by-law, any lot or block that is part of a condominium corporation with frontage on a private road will be considered to have frontage on a public street. The erection, location or use of more than one building or structure on the lands zoned RM3 s.4.1.444.3 is permitted, provided they are associated with a plan of condominium.
i. The subject lands are designated as Class 4 Noise Area pursuant to the Ministry of the Environment, Conservation and Parks Publication NPC-300 Environmental Noise Guideline for Stationary and Transportation Noise Sources.
- THAT the City of Cambridge Zoning By-law No. 150-85, as amended, is hereby further amended by adding the following subsections under section 4.1 thereof:
4.1.444.4
Notwithstanding the provisions of sections 2.2.2.3(f); 3.1.2.4 (b), (c), (e), (f), and (h); and, 3.1.2.6 (b), (c), (e), and (i); and, 2.1.13 of this By-law, the following regulations shall apply to the lands in the RM3 zone to which reference
-law:
a. A maximum density of 125 units per hectare shall be permitted.
b. For apartment buildings:
i. A minimum front yard of 4.5 metres shall be required.
ii. A minimum rear (easterly) yard of 6.0 metres shall be required.
iii. A minimum interior side yard of 3.5 metres shall be required.
c. For all other dwelling unit types permitted in cluster development:
i. A minimum front yard of 4.5 metres shall be required.
ii. A minimum rear (easterly) yard of 6.0 metres shall be required, provided, however, that the yard may be reduced to 3.0 meters if the wall of the unit faces a zone other than an R-class or RS- class zone and subject to section 3.1.2.6 (h) of the Zoning By- law.
iii. A minimum interior side yard of 3.5 metres shall be required, provided, however, that the yard may be reduced to 3.0 meters if the wall of the unit faces a zone other than an R-class or RS- class zone and subject to section 3.1.2.6 (h) of the Zoning By- law.
d. A minimum common amenity area of 15 square metres per dwelling unit is required.
e. A maximum height of twenty (20) storeys shall be permitted.
f. No access aisle driveway, aisle, parking stall or parking lot in an RM- class zone shall be located within 4.5m of a window of a habitable room of a dwelling unit, measured perpendicular to the wall containing such window, where the surface of the floor in such habitable room is less than 1.0m above finished grade.
g. The zoning regulations for multiple residential development in the RM3 s.4.1.444.4 zone shall be applied to the entirety of the block of land zoned RM3 s.4.1.444.4, and not the individual units created through plan of condominium registration including parcels of tied land or future severance applications.
h. For the purposes of interpretation of this by-law, any lot or block that is part of a condominium corporation with frontage on a private road will be considered to have frontage on a public street. The erection, location or use of more than one building or structure on the lands zoned RM3 s.4.1.444.4 is permitted, provided they are associated with a plan of condominium.
i. The subject lands are designated as Class 4 Noise Area pursuant to the Ministry of the Environment, Conservation and Parks Publication NPC-300 Environmental Noise Guideline for Stationary and Transportation Noise Sources.
j. In addition to the above-noted regulations, the following applies to
i. Noise sensitive uses, as identified by the Environmental Noise Guideline for Stationary and Transportation Sources (NPC-300), including dwelling units, private amenity areas and common amenity areas shall not be permitted.
ii. All other uses permitted in the underlying RM3 zone may be permitted including but not limited to, parking, grading and landscaping.
- THAT the City of Cambridge Zoning By-law No. 150-85, as amended, is hereby further amended by adding the following subsections under section 4.1 thereof:
4.1.444.5
Notwithstanding the provisions of sections 2.2.2.3(f); 3.1.2.4 (b), (e), (f), and (h); and 3.1.2.6 (b), (e), and (i); and, 2.1.13 of this By-law, the following regulations shall apply to the
attached to and forming part of this By-law:
a. A maximum density of 220 units per hectare shall be permitted
b. For apartment buildings:
i. A minimum southerly interior side yard of 3.5 metres shall be required.
ii. A minimum rear yard of 3.5 metres shall be required.
c. For all other dwelling unit types permitted in cluster development:
i. A minimum southerly interior side yard of 3.5 metres shall be required, provided, however, that the yard may be reduced to
3.0 meters if the wall of the unit faces a zone other than an R- class or RS-class zone and subject to section 3.1.2.6 (h) of the Zoning By-law.
ii. A minimum rear yard of 3.5 metres shall be required, provided, however, that the yard may be reduced to 3.0 meters if the wall of the unit faces a zone other than an R-class or RS-class zone and subject to section 3.1.2.6 (h) of the Zoning By-law.
d. No building used for residential purposes shall be permitted within 20 metres of the northerly most lot line.
e. A minimum common amenity area of 15 square metres per dwelling unit is required.
f. A maximum height of twenty (20) storeys shall be permitted.
g. No access aisle driveway, aisle, parking stall or parking lot in an RM- class zone shall be located within 4.5m of a window of a habitable room of a dwelling unit, measured perpendicular to the wall containing such window, where the surface of the floor in such habitable room is less than 1.0m above finished grade.
h. The zoning regulations for multiple residential development in the RM3 s.4.1.444.5 zone shall be applied to the entirety of the block of land zoned RM3 s.4.1.444.5, and not the individual units created through plan of condominium registration including parcels of tied land or future severance applications.
i. For the purposes of interpretation of this by-law, any lot or block that is part of a condominium corporation with frontage on a private road will be considered to have frontage on a public street. The erection, location or use of more than one building or structure on the lands zoned RM3 s.4.1.444.5 is permitted, provided they are associated with a plan of condominium.
j. The (H) Holding provision applying to the lands zoned RM3 s.4.1.444.5 may only be lifted once the following studies are prepared to the satisfaction of the Regional Municipality of Waterloo:
i. A detailed Noise Impact Assessment assessing traffic noise impacts from Franklin Boulevard and stationary noise impacts from surrounding lands, including adjacent commercial and industrial operations.
ii.
A Record of Site Condition (RSC) for the entirety of the subject lands in accordance with O. Reg. 153/04, as amended, has been filed on the Ministry of Environment, Conservation and Parks (MECP) Environmental Site Registry and the RSC and
satisfaction of the Regional Municipality of Waterloo.
THAT the (H) Holding provision applying to the lands zoned OS1 may only be lifted once a Record of Site Condition (RSC) for the entirety of the subject lands in accordance with O. Reg. 153/04, as amended, has been filed on the Ministry of Environment, Conservation and Parks (MECP) Environmental Site Registry
satisfaction of the Regional Municipality of Waterloo.
- THAT Geothermal Wells are prohibited on the subject lands identified in
installation used for geothermal systems, ground-source heat pump systems, geo-exchange systems or earth energy systems for heating or cooling; including open-loop and closed-loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation.
- AND FURTHER THAT this By-law shall come into force and effect on the date it is enacted subject to Official Plan Amendment No. 71 or Official Plan Amendment No. 65 (Main Street and Dundas Street South Secondary Plan) coming into effect pursuant to Subsection 24(2) of the Planning Act, R.S.O., 1990, c. P. 13, as amended.
Enacted and passed this day of , 2024
MAYOR
CLERK
Schedule A
Purpose and Effect of By-law No 24-xxx
The purpose and effect of this by-law is to amend the zoning classification of the lands legally described as Part of Lots 28 and 49, Registered Plan 1135 and Part of Lots 4 and 5, Concession 11, North Dumfries, City of Cambridge, Regional Municipality of Waterloo from M4 and N1(H)M4 s.4.1.32 to RM3 s.4.1.444.1, RM3 s.4.1.444.2, RM3 s.4.1.444.3, RM3 s.4.1.444.4, (H)RM3 s.4.1.444.5, OS1, (H)OS1,
OS4 to facilitate the development of a mixed use subdivision.
ATTACHMENT 2 DRAFT PLAN OF SUBDIVISION
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ATTACHMENT 3
DRAFT PLAN OF SUBDIVISION CONDITIONS OF APPROVAL
30T-21103 & OR12/21
840 and 940 Main Street and 345 Franklin Boulevard City of Cambridge Draft Plan Conditions
The Owner/Developer provides the City with Block 6 (1.247 ha) for the development of a community park.
Cash-in-lieu of parkland is required for the balance of land otherwise to be conveyed.
An appraisal shall be submitted by the Owner/Developer to the satisfaction of City of Cambridge Realty and Property Services to determine the parkland dedication cash-in-lieu amount. Payment of cash-in-lieu of parkland will be required prior to registration.
THAT prior to registration of Phase 2, the Owner/Developer provide a record of site condition and letter of acknowledgement from the Ministry of Environment, Conservation and Parks to the satisfaction of Chief Planner for the Open Space Blocks (Blocks 11 and 15).
THAT prior to the registration of Phase 1, the Owner/Developer agrees to make a contribution to the Affordable Housing Contribution to the City of Cambridge for each residential unit developed within the plan. The contribution will be paid and set in accordance with the following:
a) The affordable housing contribution shall be $500 per residential unit, regardless of the unit type, and shall not be subject to indexing or any other increase.
b) The affordable housing contribution is payable for each residential unit developed in the plan, and shall be collected by the City, upon a building permit being issued for a unit.
c) The affordable housing contribution shall not be payable in respect of additional residential units within a single detached, semi-detached or townhouse dwelling or in respect to any non-residential development.
d) The affordable housing contributions paid by the Owner/Developer will be used by the City toward the capital costs of a planned affordable housing project that is otherwise fully funded and approved, and may be given by the City to a not-for-profit affordable housing corporation for that purpose or used by the City to acquire land to be conveyed to such a corporation for that purpose; and,
e) The payment of the affordable housing contribution by the Owner/Developer pursuant to this condition shall be in full satisfaction of any and all requirements respecting the contribution to or provision of affordable or social housing in respect of the development of the lands within the plan.
THAT prior to registration of Phase 1, the Owner/Developer shall erect a sign at one major entrance to the subdivision showing a map of all lands within the subdivision as well as those within one hundred and twenty (120) metres outside of the limits of the subdivision.
The zoning of all lands shown on this map and all other major features, existing or proposed, e.g. railways, highways, etc., shall be clearly indicated. The size of the signs, the number to be erected and the location of each sign to be erected shall be as approved by Chief Planner.
All signs shall be erected prior to registration of the subdivision and shall remain on display for at least three (3) months from the date of issuance of the last building permit.
The procedure for preparation and erection of such signs shall be as follows:
the Owner/Developer or his/her agent to prepare and submit a proof of the proposed sign in accordance with the adopted colour scheme (to match the
-law mapping colour scheme) for review and approval by City of Cambridge Planning Services.
the Owner/Developer will post the approved sign(s) on site and notify City of Cambridge Planning Services that the sign has been erected, providing a photo of the posted sign.
ENVIRONMENTAL CONDITIONS
THAT prior to registration of each Phase, the Owner/Developer submit a finalized Natural Heritage and Ecological Restoration Area Plan in accordance with the
Addendum, Taylor Lands (Natural Resources Solutions Inc., April 18, 2023) to the satisfaction of City of Cambridge Planning Services and the Region of Waterloo, in consultation with the Grand River Conservation Authority. This would include feature delineation, field review and surveys.
THAT prior to registration of each Phase, the Owner/Developer shall:
a) Submit a completed Detailed Restoration, Planting and Enhancement Plan in
Lands (Natural Resources Solutions Inc., April 18, 2023) to the satisfaction of the City of Cambridge and
the Region of Waterloo, in consultation with the Grand River Conservation Authority. The Restoration, Planting and Enhancement Plan will refer to:
i. Finalizing additional details regarding the restoration activities and compensation plantings at the detailed design stage for the target areas: Woodland Restoration, Wetland Creation, Wetland Management, Woodland and Thicket Management, Wetland 7 and Buffer Restoration, Stormwater Management Plantings, and Trail Disturbance Planting.
ii. Prior to grading and vegetation removal, any Regionally significant plant species, including Floating Manna Grass, Spring Clearweed and Common Juniper, will be salvaged and relocated to other suitable areas within the Subject Property. Any natural materials, including stumps, logs, limbs or large rocks, available on site will be retained and placed sporadically in and around the wetland.
iii. The location of fencing and signage to direct community members or other recreational users not to trespass into sensitive natural areas.
b) Provide cost estimates on the works identified in the approved Detailed Restoration, Planting and Enhancement Plan in order to inform a security for the Subdivision Agreement for implementation of the work following registration.
c) Provide a certification letter from a qualified professional following the installation of the works to confirm that the installed works are consistent with the approved Detailed Restoration, Planting and Enhancement Plan.
d) Maintain the Restoration, Planting and Enhancement works during the 2-year Maintenance Period from the time of the works in a designated areas denoted in Condition 12. a) i. have been installed and address deficiencies identified by the City following inspection. Following assumption, securities will be released by the City.
ner/Developer submits prior to registration of
each Phase:
a) A Pre-Construction Monitoring Report to the satisfaction of the City of Cambridge in consultation with the Region of Waterloo and Grand River
shall mean prior to grading.
b) A detailed During- and Post-Construction Monitoring Report Program. The Owner/Developer agrees to submit the During- and Post-Construction Monitoring Reports as outlined in the During- and Post-Construction Monitoring Report Program, to the satisfaction of the City of Cambridge in consultation with the Region of Waterloo and Grand River Conservation Authority.
c) A cost estimate(s) in order to inform a security for the Subdivision Agreement for implementation of the work following registration. Securities will be released for the Post-Construction Monitoring Report subject to the satisfaction of the City of Cambridge in consultation with the Region of Waterloo and Grand River Conservation Authority.
THAT prior to registration of each Phase, the Owner/Developer shall submit a homeowner brochure to be provided to each purchaser of lands in the plan, to the satisfaction of the Chief Planner and Region of Waterloo. The homeowner brochure is to educate new residents on the important natural features in their neighbourhood. The City will require through the registered Subdivision Agreement that the Owner/Developer includes the brochure as a schedule to all Agreements of Purchase and Sale/Lease for all residential properties to ensure that property owners are advised of the brochure's content.
THAT prior to registration of Phase 1, the Owner/Developer enters into a development agreement with the City of Cambridge to ensure that no clearing of vegetation on the site occur during the breeding bird season of March 31 to August 31 in compliance with the Migratory Birds Convention Act, unless it can be ascertained by a qualified expert to the satisfaction of the Chief Planner that no birds covered by the Act are observed to be breeding in or adjacent to the affected area.
FORESTRY CONDITIONS
THAT prior to registration of each Phase, a street tree obligation is required according to current minimum planting standards outlined in the City of Cambridge Engineering Standards and Development Manual (2023). Section 2.19 street trees on City Right of Way (ROW) must be installed at a minimum of 1 tree per 12 metres (residential areas) and 8-10 metres (industrial areas) of roadway property line (i.e. road lengths (total of both sides) divided by 12).
a) This obligation should be submitted to City of Cambridge Planning Services during the preparation of the Subdivision Agreement (or Development Engineer preparing the Pre-servicing Agreement) and included in the Subdivision Agreement. The obligation and cost is an estimate at this time and is subject to change based on the Composite Utility Plan.
b) A detailed street tree planting plan should then be submitted concurrent with the Composite Utility Plan and driveway plans.
c) A cost estimate and letter of credit for street trees (i.e. road lengths (both sides) divided by 12 multiplied by $750) is required
d) Following registration and completion of Composite Utility Plan, trees are to be planted by developer and maintained for two years prior to City Assumption.
e) Cash-in-lieu of trees at a value of $750 per tree will be required for any remaining deficit will be required prior to release of securities.
Note: Trees planted in the City ROW must be a minimum of 50mm caliper, deciduous trees and shall be done in accordance with the approved Landscape Plan. Species selection is subject to approval by City Forestry. Trees planted in the ROW must be planted in accordance with the City of Cambridge Typical Tree Planting Detail TP-3 and the City of Cambridge Engineering Standards and Development Manual (2023).
THAT prior to Registration of each Phase, and prior to any site preparation, topsoil removal, grading, tree cutting, vegetation removal or construction on the lands, the owner/developer submit a Tree Management Plan (TMP), associated Landscape Plans and/or Tree Compensation fees, if there are any further trees to be removed or injured that have not yet been approved.
a) Approval of the TMP is required prior to any tree removals
A current Tree Management Plan (TMP) must be submitted and approved that includes a Tree Preservation Plan, an Arborist Report having a detailed inventory of all trees, 10cm DBH or greater, and trees of all sizes on City property within 6m of the limit of disturbance. A Tree Preservation Pan must be submitted for all trees remaining on site.
A Landscape Plan (LP) shall also be submitted for approval for all tree plantings.
b) Tree protection shall be in accordance with the City of Cambridge Tree Protection Barrier Detail TP-1 and Tree Protection Barrier Detail TP-2
c) The Plans or Arborist Report shall include a table identifying:
i. The compensation requirements for qualifying private tree removals (compensation trees)
ii. The compensation requirements for any City tree removals (appraised value)
iii. The Cash in lieu values or proposed plantings to be considered for compensation and any deficits to be paid as cash in lieu
iv. The total length of City ROW property line, cash in lieu values or ROW tree plantings proposed and any deficits to be paid as cash in lieu
d) Street trees, stormwater management trees, and buffers or plantings identified through an Environmental Impact Study do not qualify as compensation replacement trees
e) Securities may be held for all tree plantings for the approved landscape plan at the published replacement tree rate and released following a two-year warranty period.
f) Private Tree Removals
To mitigate the loss of tree canopy, the following compensation applies for all private trees removed or damaged on the subject site as follows:
20cm DBH no cost
20cm 30cm : 1 replacement tree 31cm - 40cm : 2 replacement trees 41cm 70cm : 3 replacement trees 71cm : 4 replacement trees
Dead Tree > 20cm DBH : ½ replacement tree
g) Cash-in-lieu is an option for replacement trees to be paid prior to tree removals at the published replacement tree rate at the time of removals. Trees removed prior to an approved landscape plan must be compensated as cash-in-lieu and not eligible for off-set tree planting compensation.
h) Compensation trees planted on private lands within the development must be a minimum of 50mm caliper for deciduous trees and 1.75m in height for coniferous trees and shall be done in accordance with the approved Landscape Plan.
i) City Tree Removals
Compensation for City owned trees of all sizes proposed for removal is valued as per By-Law 71-06, based on the 10th Edition if the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers.
LANDSCAPING, PARKS, TRAILS, OPEN SPACE AND FENCING CONDITIONS
THAT prior to construction or registration of each Phase, whichever comes first, the Owner/Developer shall provide a Landscaping Plan for that Phase, including roads, open space blocks, trails, and stormwater management facilities, in accordance with
Director of Engineering and Transportation. The Landscaping Plan shall include all restoration, buffer planting and enhancement details recommended in the Environmental Impact Study.
THAT prior to construction or registration of each Phase, whichever comes first, the Owner/Developer shall provide a Fencing Plan for that Phase, including parks, open space blocks, trails, walkway blocks and stormwater management facilities, in
satisfaction of the Director of Engineering and Transportation.
THAT prior to construction or registration of Phase 2, whichever comes first, the Owner/Developer shall provide a Trails and Open Space Plan for the entire development, including roads, parks, open space blocks, trail block and stormwater
Development Manual and to the satisfaction of the Director of Engineering and Transportation. The Trails & Open Space Plan shall provide a preliminary park design (Block 6), including a facility fit analysis.
The Trails and Open Space Plan shall include a north connection between Block 5 (Trail) and Block 6 (Park), as shown conceptually in the Urban Design Brief (MHBC, April 2023). This connection shall either be provided within the south portion of Block 11 (Open Space) or along the rear of Block 2 (Multiple Block) within an easement, to the satisfaction of the Director of Engineering and Transportation.
THAT the subdivision agreement includes the requirement to construct and implement the Landscaping Plan, Fencing Plan and Trails and Open Space Plan, in
satisfaction of the Director of Engineering and Transportation.
THAT the subdivision agreement requires an appropriate notification clause, indicating that community trails may be located in abutting parks, open space, walkway or stormwater management blocks, and that the clause be included in all agreements of purchase and sale for all adjacent lots to the satisfaction of the Director of Engineering and Transportation.
THAT prior to the planting of street trees, the Owner/Developer shall prepare and distribute a notice to homeowners detailing street tree maintenance best practices, to the satisfaction of the Director of Engineering and Transportation.
DEVELOPMENT ENGINEERING CONDITIONS
Stormwater Engineering
THAT prior to any grading or construction on the site and prior to registration of each Phase, the Owner/Developer submit a detailed final Stormwater Management Report (Report author/date) in accordance with the Stormwater Management Planning and Design Manual, MECP, 2003 and in keeping with the Functional Servicing Report (prepared by Stantec dated September 2023), to the satisfaction of the Director of Engineering and Transportation.
THAT the design of Stormwater Management Facilities on Block 7 and Block 10 be
the satisfaction of the Director of Engineering and Transportation.
THAT the subdivision agreement includes for the construction of the Stormwater
Engineering Standards and Development Manual and to the satisfaction of the Director of Engineering and Transportation.
THAT the subdivision agreement requires that the Owner/Developer be responsible for operation and maintenance of all Stormwater Management Facilities, as detailed
the Final Acceptance Certificate by the City, and that the subdivision agreement require a letter of credit to secure such work, to the satisfaction of the Director of Engineering and Transportation.
THAT the subdivision agreement requires a letter of credit to secure final sediment removal from the Stormwater Management Facilities prior to the request for a Final
Engineering Standards and
Development Manual.
THAT prior to registration of each Phase the Owner/Developer provide confirmation that a legal drainage outlet capable of conveying the post-development flows is available for the proposed Stormwater Management Facilities.
THAT prior to the construction of any infiltration galleries on any City owned lands within the development, including in stormwater management blocks, the Owner/Developer agrees to provide soil tests by a certified geotechnical engineer which confirms that the soil is suitable for water infiltration in the location where the infiltration gallery is proposed, to the satisfaction of the Director of Engineering and Transportation.
Grading and Servicing
THAT the Owner/Developer be advised that a recommendation for draft approval in no way permits any site preparation, topsoil removal, tree cutting, re-grading, grading on site prior to issuance of a Site Alteration Permit or execution of a pre- servicing or subdivision agreement with the City of Cambridge.
THAT the Owner/Developer be advised that a recommendation for draft approval in no way permits any municipal servicing or road construction on the site prior to execution of a preservicing or subdivision agreement with the City of Cambridge.
THAT the subdivision agreement includes a clause requiring the Owner/Developer to appropriately grade, topsoil, seed and maintain all lots and blocks within six months of initial site grading, if they remain vacant with no on-going construction, to a condition acceptable to the Director of Engineering and Transportation, either directly by the Owner/Developer or through conditions of purchase and sale, or by other means.
THAT prior to site grading or registration of each Phase, whichever comes first, the Owner/Developer shall provide a lot grading and drainage plan for the entire
Engineering Standards and Development Manual and to the satisfaction of the Director of Engineering and Transportation.
THAT prior to any municipal servicing or road construction on the site and prior to registration of each Phase, the Owner/Developer shall provide a detailed servicing
to the satisfaction of the Director of Engineering and Transportation.
THAT prior to execution of the subdivision agreement, a phasing plan(s) is to be provided for all proposed municipal servicing and municipal road construction to the satisfaction of the Director of Engineering and Transportation.
THAT prior to the registration of each Phase, a final Water Distribution Analysis shall be provided to confirm that water supply pressure and volumes are adequate under the final arrangements/configuration to meet the requirements of the subdivision as a whole.
Sediment and Erosion Control
THAT prior to any grading or construction on the site or registration of each Phase, whichever comes first, the Owner/Developer submit an Erosion and Sediment
Manual, to the satisfaction of the Director of Engineering and Transportation.
TRANSPORTATION ENGINEERING CONDITIONS
THAT the Owner/Developer submits a plan of construction routes and construction parking to the satisfaction of the Director of Engineering and Transportation and receive approval prior to site grading or registration of each Phase, whichever comes first.
THAT prior to registration of each Phase, the Owner provide all necessary easements/right-of-ways to the City of Cambridge.
THAT prior to registration of each Phase all roads, road widenings and daylighting triangles, as shown on the plan within that Phase, shall be dedicated as public streets to the appropriate road authority.
THAT all dead end and open side road allowances shall be terminated in 0.3m reserves and conveyed to the appropriate authority
THAT prior to registration of each Phase, the Owner/Developer must submit a Composite Utility Plan, Traffic Control and Parking Plan in accordance with the most recent version of the City of Cambridge Engineering Standards and Development Manual and to the satisfaction of the Director of Engineering and Transportation.
THAT prior to the issuance of building permits within each stage of the plan, temporary stop signs and street name signs be installed in accordance with the approved Traffic Control Plan.
-of-way. A 1.8m concrete sidewalk is to be included on the south side (inside of crescent) and a 3.0m wide asphalt multi-use trail along the north side (outside of crescent) with on-street parking on the north side (outside of crescent) separated by a mountable curb as per City Standard CS-014B and to the satisfaction of the Director of Engineering and Transportation.
THAT the Owner/Developer shall be responsible for the installation and maintenance of all traffic control devices including signs, pavement markings and street lights until assumption, to the satisfaction of the Director of Engineering and Transportation.
STREET LIGHTING CONDITIONS
THAT prior to registration of each Phase, the Owner/Developer must submit a street light design plan in accordance with the most recent version of the City of Cambridge Engineering Standards and Development Manual and to the satisfaction of the Director of Engineering and Transportation.
THAT the subdivision agreement require the Owner/Developer post a letter of credit for 100% of the cost of a third party review of the street light design by a consultant selected by the City for each Phase of the plan.
THAT the Owner shall install and be responsible for 100% of the costs associated with the street lighting internal to the plan of subdivision, to the satisfaction of the Director of Engineering. All street lighting must be Leotek Green Cobra LED J-series Street Light (3000K colour temperature). Contact Transportation Engineering for a list of approved fixtures.
THAT the option of using decorative LED street lights is available upon approval of the make and model by Transportation Engineering. Where decorative street lights are used, the Owner/Developer must supply the City with one replacement fixture, arm and pole for every 20 street lights or portion thereof.
THAT the subdivision agreement include a letter of credit for 100% of the cost of the street light installation with a 20% holdback for a warranty period. The warranty period starts from the date the lights are energized for each Phase until assumption, to the satisfaction of the Director of Engineering and Transportation.
THAT the subdivision agreement require the Owner/Developer be responsible for all maintenance of the street lights under each Phase until final assumption.
THAT the subdivision agreement require the Owner/Developer be responsible for and post a letter of credit for all energy costs for the street lights from the date the street lights are energized under each Phase until assumption based on an average cost per light.
FIRE CONDITIONS
THAT parking shall not be permitted on any roadway with a width of 9m or less and no parking signs shall be posted on at least one side of the street.
THAT the name for the street and future addressing shall be to the satisfaction of Cambridge Fire.
THAT the Owner/Developer will ensure that private roadways and access roads comply with 3.2.5.6 of the Ontario Building Code.
THAT the Owner/Developer will ensure fire hydrants are present and operational and installed in accordance with the Ontario Building Code.
30T-21103 & OR12/21
840 and 940 Main Street and 345 Franklin Boulevard
Regional Conditions of Draft Approval
THAT this approval applies to Plan of Subdivision 30T-211033 for Reid’s Heritage Homes, by MHBC, dated November 5, 2024 and signed by the Surveyor on December 7, 2021, and Owners on September 14, 2021 and November 7, 2024 which shows the following:
Phase 1:
Block 1: Mixed Use
Blocks 2: Multiple Residential
Block 5: Trail
Blocks 7-8: Stormwater Management
Block 12: Road Widening Phase 2
Block 3-4: Multiple Residential
Block 6: Park
Blocks 9-10: Stormwater Management
Blocks 11 and 15: Open Space
Phase 3:
Block 13: Future Development
Block 14: Open Space
That prior to Registration of each Phase, the Regional Municipality of Waterloo be
advised by the City of Cambridge that the plan of subdivision conforms with the Zoning By-law approved under the Planning Act.
That prior to Registration of Phase 1, the Owner/Developer agrees to stage the development of this plan of subdivision in a manner satisfactory to the City of
Cambridge and the Regional Municipality of Waterloo.
That prior to Registration each Phase, the Owner/Developer enters into an agreement with the City of Cambridge to satisfy all the requirements, financial and otherwise, of the municipality concerning the provision of roads, installation of
services, facilities and drainage.
That the subdivision agreement be registered by the City of Cambridge against the
land to which it applies, and a copy of the registered agreement be forwarded to the Regional Municipality of Waterloo prior to final approval of the plan.
That the streets shall be named to the satisfaction of the Regional Municipality of Waterloo and City of Cambridge and said names shall be within the Subdivision
Agreement.
That prior to Registration of each Phase, such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority.
That prior to Registration of each Phase, the Owner/Developer agrees to make satisfactory arrangements with a telecommunications provider for the provision of permanent or temporary telephone services to this plan.
That prior to Registration of each Phase, the Owner/Developer agrees to make
satisfactory arrangements with Grand Bridge Energy for the provision of permanent or temporary electrical services to this plan.
That prior to Registration of each Phase, the Owner/Developer agrees to make satisfactory arrangements with Enbridge Gas Inc. for the provision of necessary
easements and/or agreements for the provision of gas services to this plan.
That prior to Registration of each Phase, the Owner/Developer agrees to make satisfactory arrangements with Canada Post and the City of Cambridge for the
provision of necessary easements for the provision of mail services to this plan in a form satisfactory to the Township of Woolwich.
That the Owner/Developer agrees to provide and maintain a temporary emergency access to the satisfaction of the City of Cambridge and the Regional Municipality of
Waterloo, if more than 26 units are developed with one point of access due to phasing.
That prior to prior to Registration of Phase 1 the Owner/Developer enter into a registered development agreement with the City of Cambridge agreeing to include the following clauses in all offers of Purchase and Sale/Lease to the satisfaction of the Waterloo Region District School Board:
a) “Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school.”
b) "For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email
planning@wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information."
c) In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to
pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point.
That prior to registration of Phase 1, the Owner/Developer supply, erect and maintain a sign, near or affixed to the development sign, advising prospective residents about schools in the area and that prior to final approval, the Owner/Developer shall submit a photo of the sign for review and approval of the
WRDSB.
That prior to registration of Phase 1, the Owner/Developer shall supply, erect and maintain a sign affixed to the development sign advising prospective residents about
schools in the area to the satisfaction of Waterloo Catholic District School Board.
That prior to registration of Phase 1,, the Owner/Developer enter into a registered development agreement with the City of Cambridge agreeing to include the following clauses in all offers of Purchase and Sale/Lease to the satisfaction of the Waterloo Catholic District School Board:
“In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up
point.”
Prior to any grading/site alteration and/or construction on the site and prior to registration of each Phase, the owners or their agents submit the following plans and reports to the satisfaction and approval of the Grand River Conservation Authority (GRCA):
a) A final stormwater management report in accordance with the Functional Servicing Report, Former Taylor Lands, Cambridge (prepared by Stantec Consulting Ltd. and revised April 2023);
b) A detailed Lot Grading, Servicing and Storm Drainage Plan.
c) An erosion and siltation control plan in accordance with the Erosion & Sediment Control Guidelines for Urban Construction (2006) indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction; and
d) The approval and issuance of a Permit from the GRCA for all works subject
to Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation).
That prior to registration of Phase 2, the Owner/Developer shall submit a Record of Site Condition (RSC) for the Open Space Blocks (Blocks 11 and 15) to the Ministry of the Environment, Conservation and Parks and shall forward a copy of the submitted
RSC and Ministry Acknowledgment Letter to the Regional Municipality of Waterloo.
That prior to registration of each Phase, the Owner/Developer shall submit an updated Functional Servicing Report to the satisfaction of the Regional Municipality of Waterloo and the City of Cambridge. The updated Functional Servicing Report shall include the following:
a) The results of infiltration testing and an assessment of whether the soils can accommodate the infiltration volumes being proposed.
b) The oversizing of infiltration galleries by 15%. The oversizing by 15% must go above and beyond the 25 mm rain event to account for future reduction in the performance of the system over time due to clogging.
That prior to registration of Phase 1 the Owner/Developer enters into a registered development agreement with the Regional Municipality of Waterloo to complete, prior to Site Plan Approval, a Salt Management Plan for Blocks 1-4 and 13 to the
satisfaction of the Regional Municipality of Waterloo.
That prior to registration of Phase 1, the owner/developer shall dedicate a 6.0 m road widening to the Regional Municipality of Waterloo along the frontage of Regional Road #97 (Main Street) to the satisfaction of the Regional Municipality of
Waterloo.
That prior to registration of Phase 1 a 7.62m x 7.62m (25ft) daylighting triangle be established at the westerly intersection of Main Street (Regional Road #97) and Street A and be dedicated on the final plan as public highway to the Regional Municipality of Waterloo.
That prior to registration of Phase 2 a 7.62m x 7.62m (25ft) daylighting triangle be established at the easterly intersection of Main Street (Regional Road #97) and Street A and be dedicated on the final plan as public highway to the Regional
Municipality of Waterloo.
That prior to registration of Phase 1, the Owner/Developer will be required enter into a registered development agreement with the Regional Municipality of Waterloo agreeing to provide a functional design, cost estimate, and letter of credit for the road improvements recommended in the Transportation Impact Study entitled
“840 Main Street Residential Development, Transportation Impact Study” dated April 2023 and “840 Main Street, Cambridge, Transportation Impact Study, Response to the Region of Waterloo Comments”, dated April 13, 2023, both prepared by Paradigm Transportation Solutions to the satisfaction of the Regional Municipality of
Waterloo.
That prior to registration of Phase 1 and of Phase 2, the Owner/Developer will be required to obtain a Regional Road Access Permit for any proposed accesses to Main Street (Regional Road #97) to the satisfaction of the Regional Municipality of
Waterloo.
That prior to registration of each Phase, the Owner/Developer implements the measures recommended by the Environmental Impact Study, ‘Taylor Lands, Environmental Impact Study’ (NRSI, December 2021) and the ‘Environmental Impact Study Addendum – Taylor Lands Proposed Development, Cambridge Ontario’ (NRSI, April 18, 2023) to the satisfaction of the Regional Municipality of Waterloo
and enters into a registered development agreement with the Regional Municipality of Waterloo, if necessary, to implement the recommendations.
That prior registration of each Phase and any land clearing, grading, or the installation of services, the Owner/Developer submits a detailed Erosion and Sediment Control Plan to prevent sedimentation into Core Environmental Features,
to the satisfaction of the Regional Municipality of Waterloo and City of Cambridge.
That prior registration of each Phase, the Owner/Developer submit a detailed Monitoring Plan related to the environmental features and buffers on the subject lands as outlined in the ‘Taylor Lands, Environmental Impact Study’ (NRSI, December 2021) and the ‘Environmental Impact Study Addendum – Taylor Lands Proposed Development, Cambridge Ontario’ (NRSI, April 18, 2023) to the
satisfaction of the Regional Municipality of Waterloo and the City of Cambridge, in consultation with the Grand River Conservation Authority.
That prior to registration of Phase 1, the Owner/Developer enters into a registered development agreement with the City of Cambridge to ensure, as part of Site Plan Approval, that any lighting installed within Blocks 1, 2, 4, 6 and 13, will be directed
away from the Core Environmental Features.
That prior to registration of each Phase, the Owner/Developer shall submit a homeowner brochure containing information about the natural heritage features contiguous to the plan along with advice about how to be good neighbours and stewards of these areas to the satisfaction of the Regional Municipality of Waterloo and enter into a registered development agreement with the Regional Municipality of
Waterloo agreeing to provide as a schedule to all agreements of purchase and sale or rental agreements a copy of this brochure.
That prior to registration of Phase 1 , the Owner/Developer enters into a registered development agreement with the Regional Municipality of Waterloo to ensure that any required tree removals or significant site alteration will be scheduled outside the breeding bird season of May 1st to July 31st in compliance with the Migratory Birds Convention Act, unless it can be ascertained by a qualified expert to the satisfaction of the Regional Municipality of Waterloo that no birds covered by the Act are
observed to be breeding in or adjacent to the affected area.
That prior to registration of each Phase , the Owner/Developer install permanent fencing along the common boundary of any lots or blocks and the buffers of the
Core Environmental Features.
That prior to registration of Phase 1, the Owner/Developer enters into a registered agreement the Regional Municipality of Waterloo to provide for completion of a detailed noise study (for road traffic and stationary sources) prior to site plan approval for Blocks 1-4, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. The agreement shall provide for any amending agreement(s) necessary to secure implementation of the noise study recommendations. The detailed noise study shall specifically assess the following:
a) Assessment of the impacts from any mechanical equipment at the development including the impacts on the development itself, and on surrounding noise sensitive receptors must be evaluated.
b) Evaluates stationery and transportation noise impacts at facades and outdoor living areas based on the final site layout.
c) The steady state nature of the Gerdau site must be verified by a measurement at location ML2 or ML3. The measurement must capture at least one full weekdays’ operation of the Gerdau site. Operators at the Gerdau site should provide written confirmation that the site is operating under typical maximum conditions, and indicate what activities were occurring on the site during the measurement program. At a minimum, the following data must be logged and made available to the Region for inspection:
Impulsive sound levels (i.e. sound levels measured with a 35ms time constant), logged at intervals not exceeding 1 second in length (i.e. a 1-second or faster time history).
Steady state sound levels, logged with a slow detector, including LEQ, LMIN, and LMAX levels logged at intervals 1 hour or less in length.
Audio, recorded continuously for a minimum of 2 hours during peak site
operations at a sampling rate not less than 16 khz. Audio may be provided in uncompressed or compressed formats.
That prior to registration of Phase 1, the Owner/Developer enters into a registered development agreement with the Regional Municipality of Waterloo agreeing to construct all dwellings units with central air conditioning and to provide, prior to occupancy, certification from a Professional Engineer qualified in acoustics and licensed in the Province of Ontario, certifying that central air conditioning has been installed and all building plans are in compliance with noise level criteria of the
Ministry of the Environment, Conservation, and Parks’ NPC-300 noise guideline.
That prior to registration of Phase 1 the Owner/Developer enters into a registered development agreement with the Regional Municipality of Waterloo agreeing to include the following warning clauses all offers of purchase/sale and lease and condominium declarations to the satisfaction of the Regional Municipality of
Waterloo:
a) “The subject lands are designated as Class 4 Noise Area pursuant to the Ministry of the Environment, Conservation and Parks NPC-300 Environmental Noise Guideline for Stationary and Transportation Noise Sources.
b) Purchasers/tenants are advised that sound levels due to adjacent Gerdau operations are required to comply with sound level limits that are protective of indoor areas and are based on the assumption that windows and exterior doors are closed. This dwelling unit has been supplied with a ventilation/air conditioning system which will allow windows and exterior doors to remain
closed.”
a) That prior to registration of each Phase, the Owner/Developer enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the Owner/Developer has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Transportation and Environmental Services shall advise prior to an Agreement for Servicing that sufficient water and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered.
b) That the Owner/Developer include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement of lease or purchase, and sale are not yet registered as a plan of subdivision. The fulfilment of all conditions of draft plan approval, including the commitment of water and sewer treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement of lease or purchase, and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered."
REGIONAL CLEARANCES
1
That prior to the signing of the final plan by the Regional Commissioner of Planning, Development and Legislative Services, the Region is to be advised by the City of Cambridge that Conditions 1 through 58 have been cleared.
2
That prior to the signing of the final plan by the Regional Commissioner of Planning, Development and Legislative Services, the Region is to be advised by the Waterloo Regional District School Board that Conditions 13 and 14 have been carried out to
their satisfaction with a brief but complete statement detailing how each condition has been satisfied.
3
That prior to the signing of the final plan by the Regional Commissioner of Planning, Development and Legislative Services, the Region is to be advised by the Waterloo Catholic District School Board that Conditions 15 and 16 have been carried out to their satisfaction with a brief but complete statement detailing how each condition has been satisfied.
4
That prior to the signing of the final plan by the Regional Commissioner of Planning, Development and Legislative Services, the Region is to be advised by the Grand River Conservation Authority that that Condition 17 has been carried out to their satisfaction with a brief but complete statement detailing how each condition has been satisfied.
5
That prior to the signing of the final plan by the Regional Commissioner of Planning, Development and Legislative Services, the Region is to be advised by Canada Post that that Condition 11 has been carried out to their satisfaction with a brief but complete statement detailing how each condition has been satisfied.
6
That prior to the signing of the final plan by the Regional Commissioner of Planning, Development and Legislative Services, the Region is to be advised by Enbridge that that Condition 10 has been carried out to their satisfaction with a brief but complete statement detailing how each condition has been satisfied.
7
That prior to the signing of the final plan by the Regional Commissioner of Planning, Development and Legislative Services, the Region is to be advised by Grandbridge Energy that that Condition 9 has have been carried out to their satisfaction with a brief but complete statement detailing how each condition has been satisfied.
8
That prior to the signing of the final plan by the Regional Commissioner of Planning, Development and Legislative Services, the Region is to be advised by a telecommunications provider that that Condition 8 has been carried out to their satisfaction with a brief but complete statement detailing how each condition has been satisfied.
NOTES
1
The Owner/Developer is advised that the provisions of the Development Charge By- laws of the City of Cambridge and the Regional Municipality adopted in accordance with the Development Charges Act, 1997, S.O. 1997, Chapter 27 apply to this development. Inquiries regarding the application of Municipal Development Charges
and the implementing By-law should be directed to the area Municipality.
2
The subdivision plan for Registration must be in conformity with Ontario Regulation 43/96 as amended, under The Registry Act.
3
Draft approval will be reviewed by Regional Council from time to time to determine whether draft approval should be maintained
4
It is the responsibility of the Owner/Developer of this plan to advise the Regional
Municipality of Waterloo and the City of Cambridge Planning Departments of any changes in ownership, agent, address, and phone and fax numbers.
5
Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the Owner/Developer to contact Regional staff in writing to request the preparation of such an agreement. A copy of the reference plan showing the lands to be registered that are affected by the agreement and the conditions to be covered by the agreement should be provided. The fees for the preparation and registration of this agreement, payable to the Regional Municipality of Waterloo, are in accordance with the Regional Municipality of Waterloo Fee By-
law 23-062, or any successor thereof.
6
The Owner/Developer is advised that the Regional Municipality of Waterloo has adopted By-Law 23-062 or its successor, pursuant to Section 69 of the Planning Act,
R.S.O. 1990 c. P.13, as amended, to prescribe a tariff of fees for application,
recirculation, draft approval, modification to draft approval and registration release of plans of subdivision.
7
This draft plan was received on or after December 3, 2015, and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by
S.O. 2015, c.26 (Bill 73).
8
The Owner/Developer is advised that draft approval is not a commitment by the Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment, the Owner/Developer must enter an “Agreement for Servicing” with the Regional Municipality of Waterloo by requesting that the Region’s Planning, Development and Legislative Services Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region’s Commissioner of Transportation and Environmental Services to service the density as defined by the plan to be registered, the Owner/Developer will be offered an “Agreement for Servicing”. This agreement will be time limited and define the servicing commitment by density and use. Should the “Agreement for Servicing” expire prior to plan registration, a new agreement will be required.
The Owner/Developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for
a servicing agreement.
9
To ensure final approval prior to year end, it is the responsibility of the Owner/Developer to ensure that all conditions have been satisfied and the required clearance letters, agreements, mylars, fees and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff cannot ensure that a plan will be given final approval prior to year-end where the Owner/Developer has failed to submit the
appropriate documentation by this date.
10
Prior to final approval, it is the responsibility of the Owner/Developer to submit a summary package briefly describing how each condition has been satisfied, including copies of the relevant agency and area municipal clearance letters. The summary package should be submitted with the required mylars and plans as outlined in Note 11 below. The Owner/Developer is also required to submit the Regional Registration
Release fee in accordance with the Region’s fee by-law (By-law 23-062) or as amended.
11
When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the Region. If the plans comply with the terms of approval, and we have received an assurance from the Municipality that the necessary arrangements have been made, the Regional Commissioner of Planning, Development and Legislative Services signature will be endorsed on the plan and the plan can be forwarded to the Registry Office for registration by the surveyor or the Owner/Developer.
The following is required for registration under The Registry Act and for our use:
(1) Original mylar
(1) Copy mylar
(4) White signed paper prints
(1) Signed digital copy