THAT Zoning By-law Amendment Application PZ-10-19 submitted by Cara Custom Homes on behalf of Arbor Developments Inc., affecting the lands located at 50 Garden Avenue to change the zoning to “Residential Medium Density Type A - Exception 70 Zone (R4A-70)” to permit 71 block townhouse units, BE APPROVED, subject to the application of a ‘Holding’ provision and in accordance with the applicable provisions outlined in Section 8.2 of Report 2020-9; and THAT Draft Plan of Subdivision Application 29T-19503, submitted by Cara Custom Homes on behalf of Arbor Developments Inc., affecting the lands located at 50 Garden Avenue, BE APPROVED subject to the conditions included in Section 8.4 “Conditions of Draft Plan Approval” of Report 2020-9; and THAT Draft Plan of Condominium Application 29CD-19503, submitted by Cara Custom Homes on behalf of Arbor Developments Inc., affecting the lands located at 50 Garden Avenue, BE APPROVED subject to the conditions included in Section 8.5 “Conditions of Draft Plan Approval” of Report 2020-9; and THAT the By-law to remove the “Holding (H)” provision from the subject lands not be presented to Council for approval until the following conditions have been satisfied: That the applicant has satisfied the requirements of the City of Brantford and Canadian National (CN) Rail relating to the design and construction of a proposed impact/noise barrier (crash wall) and the implementation of the recommendations associated with the submitted Noise and Vibration Impact Study dated November 1, 2019; and That the applicant has provided a signed Site Plan Agreement to the City, along with all necessary securities; and That all servicing issues, financial and otherwise, have been addressed to the satisfaction of the City of Brantford; and THAT a maximum fence height of 2.8 metres for an impact/noise barrier (crash wall) along the northerly lot line BE PERMITTED, whereas Chapter 438 of the Municipal Code limits the height to a maximum of 2.5 metres as set out in Section 8.3.4 of Report 2020-9; and THAT Pursuant to 34(18) and 51(38) of the Planning Act, R.S.O. 1990, c.P.13. the following statement SHALL BE INCLUDED in the Notices of Decision:

“Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 7.2 and 8.3.1 of Report 2020-9”.