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HomeMy WebLinkAboutCouncil Minutes - 2003-07-02COUNCIL MINUTES JULY 2,2003 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Carrie Schultz, King School of Vocal. On motion by Councillor J. Smola, the minutes of the regular meeting held June 16, 2003, and special meetings held June 16 & 23, 2003, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letters dated June 10, 2003, from T. Arnott, MPP, Waterloo-Wellington, acknowledging receipt of Council's resolutions regarding a request to restore funding levels to permit local testing for West Nile Virus; and, in support of a Provincial initiative to deal with potential hydro shortages. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tender listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Proposal P03-018, Food Services Agreement - Kitchener Memorial Auditorium Complex, be awarded to Bingemans Inc., Kitchener for a three (3) year period commencing September 1, 2003, at their proposed percentage of gross revenue, with a minimum guaranteed annual revenue of $340,000. per year plus a 2.5% inflationary increase in each of the 2nd and 3rd years of the agreement; and, That the City, at its' discretion, may, prior to March 31, 2004, accept the option for the Doon and Rockway Golf Courses at the proposed percentage of gross revenue, with a minimum guaranteed annual revenue of $160,000. per year plus a 2.5% inflationary increase in the 2nd year; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Ms. T. Marr, Manager of Marketing and Creative Services, was in attendance to present five ICON Awards received by the City's Communications and Marketing Division. Ms. Marr explained that the ICON Awards were given in the area of graphic design and the City had competed against many private sector advertisement agencies and professional design companies. The Awards were for: the 'Lighten Up Mug' designed for the Safe & Healthy Community Advisory Committee; the Kidspark poster; a brochure marketing the Downtown to business owners; the City's office ergonomic handbook and the design of the Direct Detect van. Mayor C. Zehr on behalf of Council extended congratulations to the staff of the Communications and Marketing Division in their achievement. Mr. Tom Graham, President, Kitchener Minor Hockey Association, was in attendance to present to Ms. Kim Kugler, Manager, Kitchener Memorial Auditorium Complex, a token of the Association's appreciation to Ms. Kugler and her staff for the outstanding service provided to Kitchener Minor Hockey. Ms. Kugler accepted the award on behalf of the staff at the Auditorium thanking the Association. Ms. Kathleen Cleland Moyer and Mr. Mark Yantzi were in attendance with respect to Clause #5 of the Community Service Committee Report regarding a request for a one-time Provisional Grant for the Conflict Resolution Network Canada. Ms. Moyer expressed the organization's appreciation for the in-kind support being offered by the City of Kitchener but requested that the City reconsider the original request for the grant which included both cash and in-kind support. She pointed out that the conference slated to be held in the City of Kitchener in 2004 will bring 400-900 participants for five days who will be eating and shopping within the Downtown area adding to the City's economy. Mr. Mark Yantzi explained that he believes the Downtown has an opportunity for this and other conferences which will only add to the City's economy and requested Council's support of this grant request. COUNCIL MINUTES JULY 2,2003 -214- CITY OF KITCHENER Councillor M. Galloway pointed out that the presentation being made now is quite different than that made at the Community Services Committee meeting on June 23 and questioned the $100,000. budget item for wages which would appear to be out of line in comparison to other conferences. Ms. Moyer explained that this type of conference which not only provides educational opportunities but also goes towards community building, requires much more staff time in preparing and facilitating then a usual conference. On motion by Councillor C. Weylie and seconded by Councillor M. Galloway, it was agreed to amend the recommendation of the Community Services Committee by granting $4,775. in cash along with the $4,725. of in-kind services. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That Clause 5 of the Community Services Committee report be adopted as amended." Carried Unanimously. Mr. Gerry Rock was in attendance representing residents of Tagge Street regarding a proposal from the Habitat for Humanity organization to build 15 units on Tagge Street. Mr. Rock pointed out that when notice of the proposal was first given, the original plan called for 9 units yet now 15 units are being proposed and he has heard this may be increased to 20 units. Mr. Rock added that it was unfair to burden one area with subsidized housing which in this case will add to the existing parking problems on Tagge Street. He concluded his presentation stating that the proposed number of units was unacceptable and that the Tagge Street community would not support the proposal at that number. Mr. Rock then submitted a petition of area residents in opposition to the proposal. Mayor C. Zehr informed Mr. Rock that at this time there was no application for any units and that the open house meeting was undertaken by the Habitat for Humanity organization as a means of dialoguing with the area residents. Mr. Robert Montague and Mr. Mark Corbiere, representing the K-W Youth Collective, were in attendance to inform Council that the Collective have instigated a 'squat' at the empty Arrow building on Benton Street in protest of the lack of affordable housing in the City. Mr. Corbiere explained that the Youth Collective does not want to see this building torn down when it could be used for affordable housing and he invited the Mayor and members of Council to the 'squat' to see how they are proposing to fix up the building. Mayor C. Zehr informed the delegation that the building in question is slated for affordable housing by Kitchener Housing Inc. which will establish another 500 affordable units in the City. Councillor G. Lorentz suggested that the Youth Collective attend Regional Council as that level of government is responsible for social services and social housing. Mayor C. Zehr pointed out that there were members from the Multicultural Centre in the Council Chambers and suggested that Items 8 and 9 of the Committee of the Whole Agenda be brought forward and dealt with. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the property municipally known as 102-104 King Street West, Kitchener, described as part of the West portion of Lot No. 3, Registered Plan 401, designated as Part 1 on Plan 58R- 13462, be declared surplus to the City's needs." - and - "That the City of Kitchener approve the sale of 102-104 King Street West to the Kitchener- Waterloo Multicultural Centre Inc. for the market appraised value of $267,000 with a closing date of November 25, 2003; and, That the City provide a variable rate ten year mortgage to the Kitchener-Waterloo Multicultural Centre Inc. in the amount of $137,000 at the City's current financing rates; and, COUNCIL MINUTES JULY 2,2003 -215- CITY OF KITCHENER That the City provide the Kitchener-Waterloo Multicultural Centre Inc. with a one-time grant in the amount of $100,000 for a capital fundraising campaign towards purchase and renovations of the new location; and further, That the Mayor and Clerk be authorized to execute any documentation pertaining to this transaction as approved by the City Solicitor." Councillor B. Vrbanovic explained that Kitchener was the fourth largest intake centre for immigrants in Canada, therefore the establishment of the Multicultural Centre in the Downtown area would be an appropriate location. Upon questioning from Councillor J. Gazzola on whether or not the Multicultural Centre would pay municipal taxes on the property, Mr. F. Pizzuto, General Manager, Downtown Development explained that the Multicultural Centre would be required to pay property taxes but could apply for an exemption as a non-profit organization. Councillor M. Galloway requested a recorded vote. Council then voted and the motion was carried unanimously. Councillor C. Weylie pointed out that there were residents of Martin Street in the Council Chamber regarding an item that was discussed at the Development and Technical Services Committee meeting of June 23, 2003 with respect to the road and surface conditions on Martin Street. Councillor Weylie also pointed out that staff have circulated a report and follow-up email, and she requested Council's consideration. Council then considered Development and Technical Services Department report DTS 03-125, dated June 27, 2003 regarding curbing and boulevard improvements on Martin Street. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Martin Street be resurfaced under the City of Kitchener 2003 Road and Surface Construction contract; and, That concrete curbing be constructed and landscaping features be installed on Martin Street along the rear access of 63 Courtland Avenue; and further, That staff continue to work with the residents of Martin Street and the property owner of 63 Courtland Avenue to refine the proposed concept to where possible remove and/or restrict accesses to Martin Street from 63 Courtland Street in the manner that meets both the needs of the residents and the property owner." Carried. Mr. Paul Britton, MacNaughton, Hermsen, Britton, Clarkson, attended in support of Clauses 6, 8, 10 and 11 of the Development and Technical Services Committee report. Mayor C. Zehr requested that Clause 8 be dealt with separately and advised that he had made a declaration at the Development and Technical Services Committee meeting when this item was discussed regarding his role as a member of both Kitchener City Council and the Huron Natural Area Board. He added that in this matter he has not participated in any of the discussions pertaining to the proposed sub-division in his role as member of Kitchener City Council and that his participation would be restricted to that of a member of the Huron Natural Area Board. Councillor G. Lorentz advised that although not present at the Development and Technical Services Committee meeting of June 23, 2003, he also sits as a member of both Kitchener City Council and the Huron Natural Area Board and like Mayor Zehr his participation would be restricted to that of a member of the Huron Natural Area Board. Mayor Zehr and Councillor Lorentz refrained from any discussion and did not vote on this matter. Councillor J. Smola assumed the Chair. Councillor M. Galloway advised that at the Development and Technical Services Committee meeting on June 23, 2003, he also made a declaration regarding this matter and the fact that he also sits as both a member of Kitchener City Council and a member of the Huron Natural Area Board. He further advised that his participation in this matter will be restricted to that of a member of City Council and not as a member of the Huron Natural Area Board. COUNCIL MINUTES JULY 2,2003 -216- CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Clause 8 of Development and Technical Services Committee report be adopted" Carried. Mayor C. Zehr re-occupied the Chair Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Clauses 6, 10 and 11 of the Development and Technical Services Committee report be adopted." Carried. Council was advised that Ms. Tammy Kerber, Telus Mobility, was in attendance concerning Clause #1 of the Heritage Kitchener report. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the report of Heritage Kitchener be adopted." Councillor M. Galloway advised that the recommendation for Heritage Kitchener was made without a quorum in attendance. The Heritage Kitchener report was then voted on and Carried. Councillor C. Weylie pointed out that in respect to Clause 14 of the Development and Technical Services Committee report, the renaming of Shirley Avenue was deferred and referred to the Council meeting this date and, that in accordance to the recommendation of the Committee staff have submitted a report which has been circulated to Council. Mr. Ken Carmichael, Supervisor of Traffic and Parking, attended and provided an outline of Development and Technical Services Department report DTS-03-129 advising that the majority of businesses surveyed have no problems with the proposed change from Shirley Avenue to Shirley Drive but two businesses were looking for some compensation from the City. Emergency services have also raised some concerns which were contained in the report. Councillor J. Smola pointed out that the process for the renaming of Shirley Avenue is necessary and will require several years in order to complete the renaming of the entire street. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the portion of Shirley Avenue extending from the westerly boundary of Bingeman's Conference and Recreation Facility to Victoria Street North at Lackner Boulevard, be renamed as Bingemans Centre Drive; and That the portion of Shirley Avenue extending easterly from the proposed Bingemans Centre Drive to Victoria Street North, be renamed Shirley Drive; and That once the new Highway 7 is completed, the portion of Shirley Avenue extending westerly from the proposed Bingemans Centre Drive to the new Highway 7 (comprising of the properties numbered 101-360 Shirley Avenue), be renamed Bingemans Centre Drive; and further, That the property owners and tenants of 1 - 360 Shirley Avenue be notified of possible future street name changes once the new Highway 7 is completed." Carried. Councillor C. Weylie recognized members of the public in attendance with respect to Clause 15 of the Development and Technical Services Committee report. COUNCIL MINUTES JULY 2,2003 -217- CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Clause 15 of the Development and Technical Services Committee report be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the report of the Development and Technical Services Committee be adopted." The report was then voted on Clause by Clause Clauses 6, 8, 10, 11, and 15 - Dealt with under Delegations and Carried. Clause 14 - Carried as amended Balance of report - Carried Declarations and Abstentions: Mayor C. Zehr and Councillor G. Lorentz in their capacity as voting members of the Huron Natural Area Board of Directors Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the report of the Community Services Committee be adopted." The report was then voted on Clause by Clause Clauses 5 - Dealt with under Delegations and Carried as amended. Balance of report - Carried Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Councillor B. Vrbanovic informed Council that staff had requested that Clause 10 regarding the Performance Management: Pilot Study Report, be deferred and referred to the August 25, 2003 Council meeting rather than the August 11,2003 Finance and Corporate Service Committee meeting as recommended. Council agreed to amend Clause 10 as requested. Councillor J. Gazzola asked that Clauses #9 and #12 be dealt with separately. He spoke to Clause 9 concerning the agreement with Hannah and Glen Santos for a three-year licence agreement to allow a restaurant use to operate within the Boathouse in Victoria Park. In answer to a question from Councillor Gazzola, Mr. F. Pizzuto, General Manager, Downtown Development, informed Council that the appraised rental value for the Boathouse is estimated at $7 - $8 per square foot resulting in monthly rental of $810. - $925. Councillor Gazzola pointed out that it should be made clear that the City is foregoing $700. - $800. rent in the first year of the agreement, $500. - $600. in the second year and a further reduction in the third year. In his opinion this will allow the business to get started but should the business become successful in subsequent years they should pay fair market value. COUNCIL MINUTES JULY 2,2003 -218- CITY OF KITCHENER Councillor Vrbanovic advised that with respect to Clause 12 regarding a Request for Proposal (RFP) being issued for auditing services, staff have provided an addendum report FIN-03-029, clarifying that the current contract for services includes the 2003 fiscal year. Ms. P. Houston, General Manager, Financial Services and City Treasurer suggested that Council may wish to consider a two-year contract in order to align the City's auditing services with that of Kitchener-Wilmot Hydro. She advised that there may be some benefits and economies with having the same auditors under the same contract for both the City and Hydro. Councillor J. Gazzola questioned why this RFP was being issued now when it would be the new Council, elected after November 2003 which will be responsible for the contract. He suggested that the RFP be issued in January 2004 to allow the new Council to deal with the proposals. Councillor Vrbanovic suggested that this Council could commence the process by issuing the RFP but have the new Council make the final decision in December or January. Council then dealt with the following amendment to Clause #12 of the Finance and Corporate Services Committee report. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That a Request for Proposal (RFP) be issued for auditing services, the term of the contract to be determined by staff based on whether there is a benefit to align the City's contract with Kitchener-Wilmot Hydro's contract for auditing services; and That the following individuals be appointed as members of the Audit Services Evaluation Committee: the Mayor, the Chair of the Finance & Corporate Services Committee, the Chief Administrative Officer, the General Manager of Financial Services & City Treasurer, the Director of Budgets & Financial Services and the Manager of Budgets & Financial Services; and further, That the report of the Audit Services Evaluation Committee be presented to Council after December 1,2003." Carried. Councillor Vrbanovic informed Council that Clause 3 should be removed from the report as it was dealt with at the June 23, 2003 Special Council meeting. The Finance and Corporate Services Committee report was then voted on Clause by Clause Clauses 3 - Recommendation redundant and withdrawn. Clause 9 - Carried. Clause 10 - Carried as amended Clause 12 - Carried as amended Balance of report - Carried Councillor C. Weylie advised that the City had been presented with a plaque from the organizers of the 'Great Lakes Motorized Boat Show', in appreciation for the City allowing use of the rotunda and the Civic Square fountain. Councillor Weylie advised of a petition received from the residents of Rusholme Road asking to have Rusholme Road closed to through traffic at Westmount Road due to an increase in non-local traffic using the road as a short-cut. J. McBride was asked to investigate and report back to Council. Councillor M. Galloway advised of a letter received from M.P.P. Bill Murdoch, dated June 16, 2003, regarding the Large Urban Mayors Caucus of Ontario (LUMC©) and the Association of Municipalities of Ontario (AM©) efforts to have the conservative government change their election platform with respect to the requirement for municipalities to hold a referendum should they raise taxes. Councillor Galloway advised that Council has endorsed the LUMCO and AMO resolutions and suggested that they endorse this letter from Mr. Murdoch. JULY 2,2003 COUNCIL MINUTES -219- CITY OF KITCHENER Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the City of Kitchener endorses the letter of Bill Murdoch, M.P.P. Bruce-Grey-Owen Sound, dated June 16, 2003 regarding the government's election platform with respect to requiring municipalities to hold referendums before being permitted to increase taxes; and further, That a copy of this resolution along with a copy of the letter from Mr. Murdoch be sent to the local M.P.P.'s, and Premier Ernie Eves." Carried Mayor C. Zehr advised that the Region of Waterloo growth strategy had been approved including the City's requested changes. Council agreed to a request from G. Sosnoski, General Manager of Corporate Services and City Clerk, to add twelve by-laws to the agenda for three readings this date. Seven by-laws are to amend the Zoning By-law and one by-law to amend the Municipal Plan relating to Clauses 6, 7, 8, 9, 15, 16 and 17 of the Development and Technical Services Committee report of this date. A by-law to amend the Zoning By-law, a by-law to designate a Community Improvement Project area for the purpose of preparing and implementing a Brownfield Remediation Community Improvement Plan and a by-law to adopt the Brownfield Remediation Community Improvement Plan; all three of which relate to Clauses 9 and 11 of the Development and Technical Services Community report of June 16, 2003. A by-law to close part of the public highway known as Fulton Street which was previously approved by Council at the June 23, 2003 special meeting. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (d) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (e) Being a by-law to exempt certain lots from Part Lot Control - Lot 104, Registered Plan 1773 - Schueller Street. (f) Being a by-law to exempt certain lots from Part Lot Control - Lot 99, Registered Plan 1773 - Schueller Street. (g) Being a by-law to exempt certain lots from Part Lot Control - Blocks 1, 2, 3, 5, 6, 7, 8 and 9, Registered Plan 58M-270 - Terrace Wood Crescent and Deer Ridge Drive. (h) Being a by-law to amend Chapter 115 of the City of Kitchener Municipal Code with respect to Corporate Management Team. (i) Being a by-law to further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. d) Being a bylaw to amend Chapter 710 of The City of Kitchener Municipal Code regarding Building - Permits and Fees. (k) To confirm all actions and proceedings of the Council. JULY 2,2003 COUNCIL MINUTES - 220 - CITY OF KITCHENER (I) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 509132 Ontario Ltd. (Peter Schmidhuber) - Woolner Drive. (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City of Kitchener - Village Road. (n) Being a by-law to adopt Amendment No. 49 to the Municipal Plan - Fischer-Hallman Road at Huron Road. (o) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Activa Holdings Inc. - Huron Road and Fischer-Hallman Road. (p) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 104219 Ontario Ltd. for Greenwood Partnership Ltd. - Kingsway Drive. (q) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - MS Society - Belmont Avenue West. (r) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City of Kitchener - Fairway Road South. (s) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City of Kitchener - City Wide. (t) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Metzger / Duca - Highland Road West. (u) Being a by-law to designate a Community Improvement Project Area in the City of Kitchener for the purpose of preparing and implementing a Brownfield Remediation Community Improvement Plan. (v) Being a by-law to adopt the Brownfield Remediation Community Improvement Plan. (w) Being a by-law to close part of the public highway known as Fulton Street in the City of Kitchener. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. Mayor C. Zehr and Councillor G. Lorentz abstained from voting in regard to the by-laws added to the agenda as Items 9 (n) and (o), consistent with statements made earlier this date and which relate to Clause #8 of the Development and Technical Services Committee report. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Smola Seconded by Councillor C. Weylie "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. COUNCIL MINUTES JULY 2, 2003 - 221 - Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) (g) (h) (i) CITY OF KITCHENER To further amend By-law 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2003-120) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2003-121) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (By-law No. 2003-122 To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2003-123 Being a by-law to exempt certain lots from Part Lot Control - Lot 104, Registered Plan 1773 - Schueller Street. (By-law No. 2003-124 Being a by-law to exempt certain lots from Part Lot Control - Lot 99, Registered Plan 1773 - Schueller Street. (By-law No. 2003- 125) Being a by-law to exempt certain lots from Part Lot Control - Blocks 1, 2, 3, 5, 6, 7, 8 and 9, Registered Plan 58M-270 - Terrace Wood Crescent and Deer Ridge Drive. (By-law No. 2003- 126) Being a by-law to amend Chapter 115 of the City of Kitchener Municipal Code with respect to Corporate Management Team. (By-law No. 2003- 127) being a by-law to prohibit Being a by-law to further amend By-law No. 88-170, unauthorized parking of motor vehicles on private property. (By-law No. 2003- 128) Being a bylaw to amend Chapter 710 of The City of Kitchener Municipal Code regarding Building - Permits and Fees. (By-law No. 2003- 129) (k) To confirm all actions and proceedings of the Council. (By-law No. 2003-130) JULY 2,2003 COUNCIL MINUTES - 222 - CITY OF KITCHENER Being a by-law to amend By-law $5-1, as amended, known as the Zoning By-law for the City of Kitchener - 509132 Ontario Ltd. (Peter Schmidhuber) - Woolner Drive. (By-law No. 2003-131) (m) Being a by-law to amend By-law $5-1, as amended, known as the Zoning By-law for the City of Kitchener - City of Kitchener - Village Road. (By-law No. 2003-132) (n) Being a by-law to adopt Amendment No. 49 to the Municipal Plan - Fischer-Hallman Road at Huron Road. (By-law No. 2003-133) (o) Being a by-law to amend By-law $5-1, as amended, known as the Zoning By-law for the City of Kitchener - Activa Holdings Inc. - Huron Road and Fischer-Hallman Road. (By-law No. 2003-134) (p) Being a by-law to amend By-law $5-1, as amended, known as the Zoning By-law for the City of Kitchener - 104219 Ontario Ltd. for Greenwood Partnership Ltd. - Kingsway Drive. (By-law No. 2003-135) (q) Being a by-law to amend By-law $5-1, as amended, known as the Zoning By-law for the City of Kitchener - MS Society - Belmont Avenue West. (By-law No. 2003-136) (r) Being a by-law to amend By-law $5-1, as amended, known as the Zoning By-law for the City of Kitchener - City of Kitchener - Fairway Road South. (By-law No. 2003- 137) (s) Being a by-law to amend By-law $5-1, as amended, known as the Zoning By-law for the City of Kitchener - City of Kitchener - City Wide. (By-law No. 2003- 135) (t) Being a by-law to amend By-law $5-1, as amended, known as the Zoning By-law for the City of Kitchener - Metzger / Duca - Highland Road West. (By-law No. 2003- 139) (u) Being a by-law to designate a Community Improvement Project Area in the City of Kitchener for the purpose of preparing and implementing a Brownfield Remediation Community Improvement Plan. (By-law No. 2003- 140) (v) Being a by-law to adopt the Brownfield Remediation Community Improvement Plan. (By-law No. 2003- 141) (w) Being a by-law to close part of the public highway known as Fulton Street in the City of Kitchener. (By-law No. 2003- 142) COUNCIL MINUTES - 223 - CITY OF KITCHENER JULY 2, 2003 be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. Mayor C. Zehr and Councillor G. Lorentz abstained from voting in regard to by-laws 2003-133 and 2003- 134, consistent with statements made earlier this date and which relate to Clause #8 of the Development and Technical Services Committee report. On motion, the meeting adjourned at 8:55 p.m. MAYOR CLERK JULY 2,2003 COUNCIL MINUTES - 224 - COMMITTEE OF THE WHOLE CITY OF KITCHENER A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - Mayor C. 7ehr and Councillor G. Lorentz abstained from voting in regard to the by-laws added to the agenda as Item 9 (n) (No. 2003-133) and Item 9 (o) (No. 2003-134), consistent with statements made earlier this date and which relate to Clause #$ of the Development and Technical Services Committee report. It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS - 1. Licences i) Adult Entertainment Parlour Attendant It was resolved: "That Anne Jacques and Denise Owens, employed at 2271 Kingsway Drive, Kitchener, (Phoenix) be granted 2003 Adult Entertainment Parlour Attendant Licences.: - and - "That Amanda Smith, employed at 1412 Victoria Street North, Kitchener, (Ruby's, formerly known as Mystique) be granted a 2003 Adult Entertainment Parlour Attendant Licence.' The following two resolutions arose from in-camera discussion this date. "That Brad Baumbach be granted a 2003 Adult Entertainment Parlour Licence for 8-404 Courtland Avenue East." ii) Permanent Vendor / Place of Refreshment "That Nevin Koebel be granted a Permanent Vendor Licence and a Place of Refreshment Licence for 103 Ontario Street South." 2. Doq Desiqnation Appeal Committee Decisions It was resolved: "That the June 24, 2003 decision of the Dog Designation Appeal Committee regarding an appeal filed by Robin Brideau, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed." - and - "That the June 24, 2003 decision of the Dog Designation Appeal Committee regarding an appeal filed by Amanda MacDonald, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed." - and - "That the June 24, 2003 decision of the Dog Designation Appeal Committee regarding an appeal filed by Melissa Denning, wherein the Committee rescinds the Prohibited Dog designation, be ratified and confirmed." JULY 2,2003 COUNCIL MINUTES - 225 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) CITY OF KITCHENER Amendment - Encroachment Aqreement - 150 Marlborouqh Avenue It was resolved: "That Council amend its resolution passed on April 14, 2003 authorizing the Mayor and Clerk to execute an encroachment agreement with the owner(s) of 150 Marlborough Avenue to permit the construction and maintenance of a garage, a portion of which will encroach onto an adjacent City owned walkway to include permission to construct and maintain a driveway, a portion of which will also encroach onto the walkway." Release of Liability and Permit - Goderich-Exeter Railway Company Limited - Marqaret Avenue Bridqe It was resolved: "That the Mayor and Clerk be authorized to execute the Release of Liability and Permit with Goderich-Exeter Railway Company Limited, satisfactory to the City Solicitor, pertaining to the rehabilitation of the Margaret Avenue Bridge, Kitchener during 2003; and further, That Council delegate signing authority to the General Manager of Development & Technical Services to sign any future Release of Liability and Permit between the City of Kitchener and Canadian Pacific Railway Company, or Goderich-Exeter Railway Company Limited and/or its parent company, Rail America, on behalf of the City, provided same are satisfactory to the City Solicitor." Surplus Lands - Ralqreen Crescent It was resolved: "That the City declare surplus to its needs land fronting onto Ralgreen Crescent in Kitchener and described as Lots 14 to 25 inclusive and Lots 58 to 68 inclusive on Registered Plan 1248.; and further, That Purchasing be directed to issue a sale by tender for the development of part of the subject lands as townhouses and the sale of the existing residential units municipally addressed as 61,62 and 64 Ralgreen Crescent." Tender Dealt with under Delegations. Committee of Adjustment Decisions - Various Council was in receipt of minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held on June 17, 2003. It was resolved: "That the application of Voisin Developments requesting permission to erect a 2 pylon sign having a sign area of 27.87 m (300 sq. ft.) rather than the permitted 2 20 m (215.28 sq. ft.), 0 m of clearance beneath the sign face rather than the required 2.44 m (8 ft.), with a solid obstruction within the required sign clearance on Part Lot 47, German Company Tract, 1400 Ottawa Street South (Northwest corner of Ottawa Street South and Fischer-Hallman Road), Kitchener, Ontario, BE APPROVED, subject to the following conditions: JULY 2,2003 COUNCIL MINUTES - 226 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) CITY OF KITCHENER 10. 11. Committee of Adiustment Decisions - Various - (Cont'd) 1. That Canadian Tire Real Estate Limited shall submit revised sign drawings in accordance with the revised application prior to the issuance of a sign permit. 2. That the sign permit shall be issued prior to the sign being erected." - and - "That the application of LCB© requesting permission to erect 6 canopy signs having a height of 2.06 m (6.75 ft.), to be located 3.05 m (10 ft.) above grade rather than the required 4.26 m (14 ft.) on Lots 52 - 57 & 60, and Part Lots 58 & 59, Registered Plan 786, 324 Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the applicant shall obtain a sign permit prior to erecting the signs." Surplus Lands - 102-104 Kinq Street West - Centre Block Dealt with under Delegations. Multicultural Centre Land Purchase - 102-104 Kinq Street West -Centre Block Dealt with under Delegations. Request for Community Festival Desiqnation - Our Lady of Fatima Festival Council was in receipt of Corporate Services Department report CRPS-03-129 (J. Koppeser), dated June 23, 2003, advising of no objection to the issuance of a liquor licence to the Our Lady of Fatima Festival Committee. It was resolved: "That the City of Kitchener has no objection to a liquor licence being issued to Our Lady of Fatima Festival Committee for an event to be held August 30 & 31, 2003 at 1548 Fischer-Hallman Road, Kitchener, provided a building permit is obtained for the erection of the tent; and further, That this event be declared a 'Community Festival' for the purpose of applying for a liquor licence, since this is a traditional Portuguese celebration of their heritage that promotes unity and understanding within our community." Charitable Refreshment Stand - Kitchener Human Resource Centre of Canada for Students Council was in receipt of Corporate Services Department report CRPS-03-131 (J. Koppeser), dated June 24, 2003, requesting Council's direction regarding a request to operate a refreshment stand at Weber Park. It was resolved: "That the Kitchener Human Resource Centre of Canada for Students, 165 King St. E., Kitchener, ON N2G 2K8, be granted permission to operate a refreshment stand at Weber Park, the corner of Frederick Street and Edna Street, on July 25, 2003, from 11:00 a.m. to 2:00 p.m. at their Employer and Media Appreciation SIo-Pitch Game and Barbeque, provided the necessary licence is obtained, including Health and Fire approvals; and further, JULY 2,2003 COUNCIL MINUTES - 227 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 12. That the reduced fee of $10.00 be applicable." Sale of Tickets - Kitchener-Waterloo Symphony Lottery CITY OF KITCHENER Council was in receipt of Corporate Services Department report CRPS-03-134 (R. Gosse), dated June 25, 2003, advising of no objection to the holding of a lottery. It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Kitchener-Waterloo Symphony, 101 Queen St. N., Kitchener, Ontario, N2H 6P7, to conduct the '2003/2004 KVVS Masterpiece Lottery' on February 14, 2004, in the City of Kitchener, including a series of 'Early Bird' draws." 13. Surplus Land - Part of Block A, Plan 955 - Forest Hill Park - Villaqe Road Council was in receipt of Corporate Services Department report CRPS-03-132 (L. MacDonald), dated June 24, 2003. It was resolved: "That Part of Block A, Registered Plan 955, being a parcel of land within Forest Hill Park with 6.1 metres (20 feet) of frontage on Village Road and a depth of approximately 40 metres (131 feet), as shown on the attached Maps "A" and "B", be declared surplus to the City's needs; and further, That the City Solicitor be directed to complete the land exchange transaction with the owner of the abutting lands including the transfer of the surplus parcel as part of the consideration for receiving title to a parcel of land at the rear of the proposed development by MennoHomes Ltd. (Zone Change ZC 02/38/V/BS) and Draft Plan of Condominium 30CDM-03201) on the abutting lands as an addition to Forest Hill Park." 14. Expression of Interest - Parkinq Structure - Charles / Benton Streets 15. Council was in receipt of Downtown Development report DD-03-005 (F. Pizzuto), dated June 25, 2003. "That the Expression of Interest attached to Downtown Development report DD-03-005 (F. Pizzuto), dated June 25, 2003, for the building of a parking structure at Benton and Charles Streets, be approved." Establishment of an Economic and Downtown Development Corporation Preliminary Review Council was in receipt of Downtown Development report DD-03-003 (F. Pizzuto), dated June 25, 2003. It was resolved: "That Council request the Ministry of Municipal Affairs and Housing to amend Ontario Regulation 168/03 made under the Municipal Act, 2001 to allow for the establishment of economic development and downtown development corporations for the purposes of owning municipal assets such as land, holding capital funds and offering incentive programs that would promote development opportunities in the City." JULY 2,2003 COUNCIL MINUTES - 228 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) CITY OF KITCHENER 16. Land Conveyance to Reqional Municipality of Waterloo - 32 Wilfred Avenue 17. Council was in receipt this date of Corporate Services Department addendum report CRPS-03-119 (L. MacDonald), dated June 25, 2003. It was generally agreed to amend the staff recommendation to include comment in respect to the Region's apparent lack of interest in combining an ambulance sub-station with an existing Fire Hall. It was unanimously resolved: "Whereas the City of Kitchener continues to express its disappointment with the Region of Waterloo in terms of their lack of willingness to work in partnership with the City of Kitchener Fire Department in locating the Sunnyside Ambulance Sub-Station at Fire Station #3, notwithstanding this, it is hereby enacted: That the Mayor and Clerk be authorized to execute a deed from the City to the Regional Municipality of Waterloo for the lands described as part of Lot 121 on Plan 765, designated as Parts 2 and 5 on Reference Plan 58R-1084, known municipally as 32 Wilfred Avenue in Kitchener; and That the remnant parcel of land adjacent to 32 Wilfred Avenue, described as part of Lot 121 on Plan 765, designated as Parts 3 and 4 on Reference Plan 58R-1084, be declared surplus to the City's needs and conveyed to the Regional Municipality of Waterloo; and further, That the Region be requested to meet with the surrounding neighbours to review the ambulance sub-station site plan and ensure any concerns are addressed throughout the construction process." Food and Alcohol Sales / Noise Exemption - Holy Trinity Serbian Orthodox Church Celebration Council was in receipt this date of Corporate Services Department report CRPS-03-136 (J. Koppeser), dated June 26, 2003. It was resolved: "That the Holy Trinity Serbian Orthodox Church be approved to operate a refreshment stand at Holy Trinity Serbian Orthodox Church, 700 Fischer Hallman Rd., Kitchener, on July 27, 2003 from 12 noon to 11 p.m. provided the necessary licence is obtained, including Health and Fire approvals; and, That the Holy Trinity Serbian Orthodox Church be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event at 700 Fischer Hallman Rd on July 27, 2003 from 12 noon to 11 p.m.; and further, That the City of Kitchener has no objection to a liquor licence being issued to the Holy Trinity Serbian Orthodox Church for an event on July 27/03." 18. Request to Deleqate Authority -Liquor Licence Review Application Committee Council was in receipt this date of Downtown Development report Dr-03-006 (C. Heal), dated June 27, 2003, requesting approval to delegate authority to the Liquor Licence Review Application Committee to process liquor licence applications during Council's summer recess. JULY 2,2003 COUNCIL MINUTES - 229 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) CITY OF KITCHENER 18. Request to Delegate Authority -Liquor Licence Review Application Committee - (Cont'd) It was resolved: "That the Liquor Licence Review Application Committee be delegated the authority to process liquor licence applications and adopt an interim decision-making process during the summer Council recess period of 2003." 19. Encroachment Aqreement - 744-746 Queen Street South Council was in receipt this date of Corporate Services Department report CRPS-03-140 (J. Sheryer), dated June 27, 2003. It was resolved: "That the Mayor and Clerk be authorized to execute an encroachment agreement with the registered owner(s) of the property described as Part Lot 14, Registered Plan 155 and municipally known as 744 - 746 Queen Street South to legalize the existing stoop and roof overhang and the roofed porch and steps and railing, as they encroach into the Brock Street road allowance." 20. Neqotiatinq and Siqninq of Lease Aqreements Council was in receipt this date of Corporate Services Department report CRPS-03-139 (L. Proulx), dated June 30, 2003. It was resolved: "That the Director and Manager of Facilities Management be authorized to negotiate and sign lease agreements and related documents, satisfactory to the City Solicitor, for residential rental properties owned by the City." 21. Request to Hold Barbecues - Optimist Club of Southwest Kitchener and the Kinqsdale Community Association Council was in receipt this date of Corporate Services Department report CRPS-03-142 (J. Koppeser), dated July 2, 2003. It was resolved: "That subject to obtaining the necessary licence, including Fire and Health approvals, the request of the Optimist Club of Southwest Kitchener to operate barbecues at their events at Southwest Optimist Sportsfield and at Kingsdale Community Association, $0 Wilson Avenue, during 2003, be approved; and further, That the reduced fee of $10. be applicable." 22. Encroachment Aqreement - Venezia's - 20 Kinq Street East Council was in receipt this date of Corporate Services Department report CRPS-03-141 (J. Sheryer), dated June 30, 2003. JULY 2,2003 COUNCIL MINUTES - 230 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) CITY OF KITCHENER 22. Encroachment Aqreement - Venezia's - 20 Kinq Street East - (Cont'd) It was resolved: "That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Venezia's, located at 20 King Street East, for the operation of a sidewalk patio for the period commencing the date of the Agreement is signed by all parties to October 31,2003." COUNCIL MINUTES JULY 2,2003 -231- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That the Mayor and Clerk be authorized to sign a letter giving the City's consent to the designation as a national historic site of land owned by the City and located next to the Joseph Schneider Haus, more particularly described as part of lot 11 on plan 58, City of Kitchener, Region of Waterloo as outlined on the map appended as Schedule "A" of report CRPS-03-123. That a 1.5 metre (5 foot) Bicycle Lane be provided on both sides of Franklin Street from Kingsway Drive to a point 55 metres north of Kingsway Drive; and, That the northbound curb lane on Franklin Street at Weber Street East be designated as an Exclusive Right Turn Lane between Weber Street East and a point 60 metres south of Weber Street East; and, That the westbound curb lane on Kingsway Drive at Franklin Street be designated as an Exclusive Right Turn Lane between Franklin Street and a point 60 metres east of Franklin Street; and further, That the Uniform Traffic By-law be amended accordingly. That the existing three hour on-street parking regulations remain in place on the following roadways: · Dumfries Avenue - North Side from Stirling Avenue North to Krug Street · Glendale Avenue - East Side from East Avenue to Melrose Avenue · Griffin Avenue -West Side from Liberty Avenue to Melrose Avenue · Liberty Avenue - South Side from Stirling Avenue North to Pandora Avenue · Melrose Avenue - North Side from Stirling Avenue North to Krug Street · Stirling Avenue North - West Side from East Avenue to North Limit That on-street bicycle lanes be established on both sides of Rittenhouse Road from Block Line Road to a point 80 metres south of Yarwood Place/Fairbank Place (the middle intersection of Erinbrook Drive); and, That parking be prohibited on both sides of Rittenhouse Road from a point 50 metres east of Tuerr Drive to a point 65 metres west of Tuerr Drive; and, That parking be prohibited on both sides of Rittenhouse Road from a point 50 metres north of Erinbrook Drive/McCabe Court to a point 50 metres south of Erinbrook Drive/McCabe Court; and further, That the Uniform Traffic By-law be amended accordingly. That Council extend the deadline set out in the agreement of purchase and sale respecting the requirement to commence construction of an industrial building from July 12, 2003 to July 12, 2004 for Site 137 and Part of 136 on Trillium Drive in the Huron Business Park, described as Part 2 of Reference Plan 58R-13603, owned by Berkshire Building Corporation; and, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor; and further, That the owner, Berkshire Building Corporation be advised that they are required to stabilise the site to avoid erosion of dust and sand off site. That Zone Change Application ZC 03/08NV/TMW (200 - 230 Woolner Drive - 509132 Ontario Limited {Peter Schmidhuber}) to change the zoning from "Agricultural Zone (A-l)" to "Existing Use Zone (E-l) with Special Regulation Provision 401R" on lands legally described as Part of Lot 11 and Part of 6.096 metre lane (Closed by Judge's Order, Instrument No. 940555) Abraham C. Weber's Survey, Registered Plan 591, municipally known as 200 and 230 Woolner Road in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated May 16, 2003 without conditions. COUNCIL MINUTES JULY 2,2003 -232- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 6. (Cont'd) It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. (Dealt with under Delegations and Carried) That Zone Change Application ZC 03/10/V/BS (Village Road {Part of Forest Hill Park} - City Initiated) for the purpose of changing the zoning from Public Park Zone (P-l) to Neighbourhood Institutional Zone (I-1), with special regulation provision 396R on lands legally described as Part of Block A, Plan 955, in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated June 2®, 2003 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. 8. A. That Municipal Plan Amendment Application MP 01/02/H/GR (Fischer Hallman Road at Huron Road - Activa Holdings Inc.) be approved, being an amendment to: a) Amend Map 5, Land Use Plan, by redesignating lands from Business Park to Low Rise Residential as shown on Schedule A attached to report DTS-03-084. It is the opinion of this Committee that approval of this application is proper planning for the City. B. That the Huron Community Plan be revised as follows: a) That Policy 5.5 be revised as follows: "That further to Municipal Plan Policy 12.17ii, the Business Park designation marked with a star on Fischer Hallman Road will also allow free standing office uses." b) That the Land Use Map, Huron Community Plan be revised as attached. c) That all references to Westmount Road, in the policies and on the land use map, be revised to Fischer Hallman Road. It is the opinion of this Committee that approval of this application is proper planning for the City. That Zone Change Application ZC 01/01/H/GR (Fischer Hallman Road at Huron Road - Activa Holdings Inc.) requesting a change in zoning from Restricted Business Park Zone (B-2) with Special Regulation Provision 33R and Special Use Provision 107U, Business Park Service Centre Zone (B-2) with Special Use Provision 211 U, Business Park Service Centre Zone (B-3) with Special Regulation Provision 33R and Special Use Provision 107 U, Residential Three Zone (R-3) and Hazard Land Zone (P-3) to Public Park (P-l), Open Space (P-2), Hazard Land (P-3), Residential Three Zone (R-3), Residential Three Zone (R-3) with Special Regulation Provisions 402, 403, and 404, Residential Three Zone (R-3) with Special Regulation Provision 1R, Residential Four Zone (R-4), Residential Four Zone (R-4) with Special Regulation Provision 1 R, Residential Four Zone (R-4) with Special Regulation Provision 405R, Residential Six Zone (R-6), Neighbourhood Institutional (I-1), Business Park Service Centre (B-3) with Special Use Provision 330 and Convenience Commercial (C-1) with Special Use Provision 331 on lands legally described as Part of Lot 1, Registrar's Compiled Plan No. 1382, Part of Lot 6, Registrar's Compiled Plan 1471, Part of Lots 157 and 158, German Company Tract, in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated June 6, 2003, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with a recommended Amendment (Fischer Hallman Road at Huron Road - Activa Holdings Inc.) to the City's Municipal Plan. COUNCIL MINUTES JULY 2,2003 -233- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30%01201 (Fischer Hallman Road at Huron Road), in the City of Kitchener, for Activa Holdings Inc., subject to the following conditions: That this approval applies to Plan of Subdivision 30T-01201 as shown on the plan prepared by MacNaughton Hermsen Britton Clarkson Planning Limited last revised June 9, 2003 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated June 10, 2003, which shows the following: Stage 1 a Blocks 1 -21 Block 22 Blocks 23, 24 Block 25 Block 26 Blocks 27, 28 Block 29 Block 30 Block 31 Blocks 32 - 36 Residential (maximum 509 units) Future Development District Park Open Space Storm Water Management Landscape Buffer Flood Control Structure Temporary Road/Emergency Access Road Widening 0.3m Reserves Stage 1 b Lot 1 Blocks 2 - 6 Block 7 Block 8 Block 9 Residential Residential (maximum 59 units) Park Walkway 0.3m Reserve Stage 2 Blocks 1 -15 Block 16 Block 17 Blocks 18, 19 Blocks 20 -23 Residential (maximum 201 units) Convenience Commercial Park Walkway 0.3m Reserves Stage 3 Blocks 1 - 23 Blocks 24 -27 Block 28 Block 29 Block 30, 31 Block 32 Block 33 Block 34 Block 35 Block 36 Blocks 37 - 42 Residential (maximum 179 units) Future Development Linear Park Storm Water Management Landscape Buffer Walkway/Service Corridor Service Corridor Walkway Temporary Road/Emergency Access Road Widening 0.3m Reserves Stage 4 Block 1 Elementary School Stage 5 Blocks 1,2 Block 3 Blocks 4,5 Block 6 Residential (maximum 14 units) Multiple Residential (50 units) Linear Park 0.3m Reserve COUNCIL MINUTES JULY 2,2003 -234- REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) Stage 6 Block 1 Residential (maximum 41 units) Stage 7 Blocks 1 - 3 Block 4 Block 5 Block 6 Residential (maximum 20 units) Future Development Walkway 0.3m Reserves Stage 8 Blocks 1 - 14 Blocks 15, 16 Block 17 Block 18 Blocks 19 - 25 Residential (maximum 151) Linear Park Storm Water Management Walkway/Service Corridor 0.3m Reserves Stage 9 Blocks 1 - 9 Block 10 Block 11 Residential (maximum 157units) Walkway/Service Corridor Walkway Stage 10 Blocks 1 - 6 Block 7 Residential (maximum 80 units) Open Space Stage 11 Block 1 Multiple Residential (94 units) Stage 12 Blocks 1 - 4 Block 5 Block 6 Block 7 Residential (maximum 37 units) Future Development Walkway/Service Corridor 0.3m Reserves Stage 13 Block 1 Business Park Service Centre Stage 14 Blocks 1 - 4 Block 5 Residential (maximum 69 units) Walkway/Service Corridor Stage 15 Blocks 1 - 4 Block 5 Block 6 Block 7 Block 8 Blocks 9, 10 Residential (maximum 46 units) Future Development Landscape Buffer Temporary Road/Emergency Access Road Widening 0.3m Reserves Stage 16 Blocks 1,2 Block 3 Blocks 4, 5 Residential (maximum 31 units) Future Development 0.3m Reserves CITY OF KITCHENER COUNCIL MINUTES JULY 2,2003 -235- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) Stage 17 Blocks 1,2 Blocks 3, 4 Block 5 Residential (maximum 9 units) Future Development 0.3m Reserve Total 966 -1773 units 2. CITY OF KITCHENER CONDITIONS: 2.1 That the SUBDIVIDER shall enter into a City Standard Residential Subdivision Agreement, as approved by City Council, respecting those lands shown outlined on the attached Plan of Subdivision dated June 10, 2003 and which shall contain the following revised and additional conditions: Part 1 - General Conditions 1.27 The SUBDIVIDER agrees that the plan shall be registered in seventeen stages in accordance with the following and to the satisfaction of the CITY's Director of Planning: a) Stage la) shall be registered first. b) Stage 1 b) shall be registered concurrently with or immediately after Stage 1 a); c) Stage 2 shall be registered concurrently with or subsequent to Stage la); d) Stage 3 shall be registered concurrently with or subsequent to Stage 2; e) Stage 4 shall be registered concurrently with Stage 3; f) Stages 5,6 and 7 shall be registered concurrently with or subsequent to Stage 3; g) Stage 8 shall be registered subsequent to Stages 3 and 7; h) Stages 9, 10, 11 and 17 shall be registered concurrently with or subsequent to Stage $; i) Stage 12 shall be registered subsequent to Stages 2 and 3; j) Stages 13 and 14 shall be registered concurrently with or subsequent to Stage 2; k) Stage 15 shall be registered concurrently with or subsequent to Stage 3; I) Stage 16 shall be registered subsequent to Stage 5. Part 2 - Prior to Area Grading 2.1 The SUBDIVIDER shall prepare an Area Grading, Erosion and Siltation Control Plan, including the recommended approach to phased grading, if required to prevent downgradient sedimentation, to the satisfaction of the CITY's Director of Engineering and those applicable City Departments or regulatory agencies determined by the CITY's Director of Engineering at time of draft approval. 2.11 The SUBDIVIDER agrees to submit an Environmental Management and Monitoring Plan as described in the scoped Environmental Impact Report and General Vegetation Overview, Ecoplans Limited dated December 2000 and correspondence dated March 24, 2003, to the satisfaction of the CITY's Director of Planning in consultation with the CITY's Director of Engineering, the CITY's General Manager of Community Services and the Grand River Conservation Authority. Further the SUBDIVIDER agrees to implement the approved plan, through appropriate clauses in the subdivision agreement or alternate agreement, if necessary, to the satisfaction of the CITY's Director of Engineering. Part 3 - Prior to Servicing 3.3 The SUBDIVIDER shall prepare a detailed engineering design for storm water management, including monitoring as described in the scoped Environmental Impact Report and General Vegetation Overview, Ecoplans Limited dated December 2000 and correspondence dated March 24, 2003, and obtain approval thereof, from the CITY's Director of Engineering, in consultation with the CITY'S General Manager of Community COUNCIL MINUTES JULY 2,2003 -236- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) Services and those applicable regulatory bodies determined by the CITY's Director of Engineering at the time of draft approval. 3.16 The SUBDIVIDER agrees that the Strasburg Creek Trunk Sewer shall be extended from its present terminus to Huron Road, and that the extension of the sewer from Huron Road at Parkvale Drive through the Strasburg Creek lands adjacent to this plan, as required for the development of this plan to the satisfaction of the City's Director of Engineering. It is acknowledged that these works, including design expenses, are included in the City's Development Charge By-law 99-106, as amended, and the City shall be responsible for 100% of the cost of these works. If sufficient money is not allocated from the appropriate City Development Charge Account(s) to permit the City to fund these works and the Subdivider wishes to proceed, the Subdivider agrees to provide and up-front the cost of these works. Accordingly, the City agrees to recognize any monies paid by the Subdivider for any works or services normally paid out of the City's Development Charge Account, with such monies representing a credit towards any City Development Charge payable for each lot or block only within the registered plan. Said credit shall be granted for that portion of the applicable Development Charge with respect to the engineering services required to be paid prior to the issuance of building permits for those lots or blocks identified by the Subdivider and included in the Supplementary Agreement with the City to be registered against the title of each identified lot or block. If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for which credits are payable shall be registered for each stage prior to the registration of each stage of the plan of subdivision, until there is no outstanding balance remaining. When no outstanding credit balance remains, then the Development Charges will be paid in the normal manner in accordance with the City's By-law. If, following the registration of the entire plan of subdivision and issuance of all building permits, there is any outstanding balance, it shall remain with the lands to be used as a credit for future development, or alternatively, the City shall enter into an agreement with the Subdivider, under Section 40 of the Development Charges Act, to enable the transfer of Development Charge credits to other benefiting lands within the community, subject to satisfactory arrangements being made between all parties. b) Further, the lands required for the Strasburg Creek Trunk Sewer, as identified in the approved Environmental Assessment, and additional lands within the floodplain to the east side of Strasburg Creek, shall be conveyed as one parcel to the satisfaction of the City's Director of Engineering and Director of Planning, free of encumbrance and at no cost to the City, prior to final approval of any stage of the plan. 3.17 That in the interest of providing a variety of housing designs within Iotless Blocks 1 to 21 inclusive (Stage la), Blocks 1 to 6 (Stage lb), and Blocks 8, 10 and 11 (Stage 2) the final lotting as required through the Supplementary Subdivision Agreement shall include a variety of lot widths and units types generally providing for a minimum 20% to maximum 30% of dwelling units being either street townhouses or multiple dwelling units and a minimum 30% and maximum 40% of dwelling units being single detached dwellings with a minimum 11 metre lot width or semi-detached houses to the satisfaction of the CITY's Director of Planning. 3.18 The SUBDIVIDER agrees that as part of the final detailed design for the storm water management pond Block 29 (Stage 3) that the portion of the block outside of the development limit be reviewed to determine if this intrusion is necessary or can be COUNCIL MINUTES JULY 2,2003 -237- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) mitigated to the satisfaction of the CITY's Director of Engineering in consultation with the CITY's Director of Planning. 3.19 The SUBDIVIDER agrees that any design and construction required to implement storm water management for Block 26 (Stage la), Block 17 (Stage 8) and Block 29 (Stage 3) shall respect the vegetation communities identified for retention in the Environmental Impact Report and General Vegetation Overview, Ecoplans Limited dated December 2000, to the satisfaction of the Director of Planning, and shall be documented in the Detailed Vegetation Plan. Part 4 - Prior to Issuance of Building Permits 4.22 The SUBDIVIDER agrees to undertake any measures required to ensure proper water pressure to all lots and blocks within the proposed development, to the satisfaction of the CITY'S Director of Engineering or Chief Building Official. 4.23 a) The SUBDIVIDER agrees that no building permits shall be applied for on any lot or block in any phase of the subdivision until satisfactory arrangements are made with the CITY'S Chief Building Official to install and maintain a direct-to-fire alarm monitoring system for each and every dwelling to be constructed within this subdivision. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. b) No occupancy of each dwelling shall be permitted until the CITY'S Chief Building Official has confirmed that such system is operational. c) Such system shall remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the CITY'S Solicitor is notified by the CITY'S Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. d) Such system may not be required if a new fire station is developed in this area, subject to the approval of the CITY's Fire Chief. 4.24 The SUBDIVIDER agrees that no building permits shall be issued for Block 1, Stage 11 until appropriate studies have been completed, to the satisfaction of the CITY's Director of Planning, to determine the development potential of additional lands owned by the applicant located immediately north of Block 1, Stage 11 as these additional lands may require access, servicing etc. through Block 1, Stage 11 and/or it may be appropriate to consolidate Block 1, Stage 11 and the additional lands for development purposes. 4.25 The SUBDIVIDER agrees to complete the following road improvements as identified in the Huron Community Traffic Impact Analysis, prepared by Paradigm Transportation Solutions Limited, dated January 2001 and all subsequent addendums to the satisfaction of the CITY's Director of Engineering. All improvements are at the developer's cost unless otherwise stated in Section 3 Regional Municipality of Waterloo Conditions: a) b) c) Regrading of Huron Road east of Woodbine Avenue (vicinity of temporary access) to provide required sight distance, prior to the issuance of building permits for Stage la); Pavement widening on Huron Road at Woodbine Avenue to construct an eastbound left turn lane and a westbound right turn lane, prior to occupancy of any dwelling unit in Stage 2; Pavement widening on Fischer Hallman Road at Seabrook Drive to construct a southbound left turn lane and a northbound right turn lane to Regional Standards, prior to final approval of Stage 2; COUNCIL MINUTES JULY 2,2003 -238- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) d) e) g) h) Installation of Traffic signals and widenings at Fischer Hallman Road and Huron Road intersection to construct eastbound and westbound left turn and right turn lanes on Huron Road, all prior to occupancy of Stage 3; Construction of northbound and southbound left turn lanes on Fischer Hallman Road at Huron Road and underground services for future signals to Regional standards prior to final approval of Stage la; Pavement widening on Huron Road at Parkvale Drive to construct an eastbound left turn lane and westbound right turn lane, prior to occupancy of Stage 3; Pavement widening to four lanes and associated turn lanes on Huron Road from Strasburg Road to Parkvale Drive and installation of traffic signals at the intersections of Fischer Hallman Road and Seabrook Drive, Huron Road and Parkvale Drive, Huron Road and Strasburg Road, all prior to occupancy of Stage 8. The road widening will require the Huron Road Environmental Assessment to be completed. That prior to installation of any traffic signals, the SUBDIVIDER ensure that the Region is advised that Opticom devices are required by the Kitchener Fire Department for all signals installed within the plan of subdivision, and the SUBDIVIDER agrees to pay all costs for the installation of required Opticom devices; That entrances at Seabrook Drive, Woodbine Avenue and Parkvale Drive be constructed to provide a 3 lane cross section. Part 6 - Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using Huron Road between Trussler Road and Homer Watson Boulevard, and Fischer Hallman Road, only and prohibited from using other internal residential streets in the community. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the SUBDIVIDER being responsible for any required signage, all to the satisfaction of the CITY'S Director of Engineering. 6.11 The SUBDIVIDER agrees that prior to the registration of any stage of this plan that the Environmental Assessment be completed to determine the design requirements for and construct the Flood Control Structure (weir) required for this plan, Block 29 (Stage la) to the satisfaction of the CITY's Director of Engineering. It is acknowledged that these works, including design expenses, are included in the City's Development Charge By- law 99-106, as amended, and the City shall be responsible for 100% of the cost of these works. If sufficient money is not allocated from the appropriate City Development Charge Account(s) to permit the City to fund these works and the Subdivider wishes to proceed, the Subdivider agrees to provide and up-front the cost of these works. Accordingly, the City agrees to recognize any monies paid by the Subdivider for any works or services normally paid out of the City's Development Charge Account, with such monies representing a credit towards any City Development Charge payable for each lot or block only within the registered plan. Said credit shall be granted for that portion of the applicable Development Charge with respect to the engineering services required to be paid prior to the issuance of building permits for those lots or blocks identified by the Subdivider and included in the Supplementary Agreement with the City to be registered against the title of each identified lot or block. If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for which credits are payable shall be registered for each stage prior to the registration of each stage of the plan of subdivision, until there is no outstanding balance remaining. COUNCIL MINUTES JULY 2,2003 -239- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) When no outstanding credit balance remains, then the Development Charges will be paid in the normal manner in accordance with the City's By-law. If, following the registration of the entire plan of subdivision and issuance of all building permits, there is any outstanding balance, it shall remain with the lands to be used as a credit for future development, or alternatively, the City shall enter into an agreement with the Subdivider, under Section 40 of the Development Charges Act, to enable the transfer of Development Charge credits to other benefiting lands within the community, subject to satisfactory arrangements being made between all parties. 6.12 The SUBDIVIDER agrees that prior to the registration of Stage 8, or at the discretion of the CITY's Director of Engineering for any subsequent stages, of the plan of Subdivision that the Environmental Assessment for Huron Road be completed and all works, including bicycle lanes as per the City of Kitchener Bikeway Study April 1998, as part of the study be completed to the satisfaction of the CITY's Director of Engineering. It is acknowledged that these works, including design expenses, are included in the City's Development Charge By-law 99-106, as amended, and the City shall be responsible for 100% of the cost of these works. If sufficient money is not allocated from the appropriate City Development Charge Account(s) to permit the City to fund these works and the Subdivider wishes to proceed, the Subdivider agrees to provide and up-front the cost of these works. Accordingly, the City agrees to recognize any monies paid by the Subdivider for any works or services normally paid out of the City's Development Charge Account, with such monies representing a credit towards any City Development Charge payable for each lot or block only within the registered plan. Said credit shall be granted for that portion of the applicable Development Charge with respect to the engineering services required to be paid prior to the issuance of building permits for those lots or blocks identified by the Subdivider and included in the Supplementary Agreement with the City to be registered against the title of each identified lot or block. If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for which credits are payable shall be registered for each stage prior to the registration of each stage of the plan of subdivision, until there is no outstanding balance remaining. When no outstanding credit balance remains, then the Development Charges will be paid in the normal manner in accordance with the City's By-law. If, following the registration of the entire plan of subdivision and issuance of all building permits, there is any outstanding balance, it shall remain with the lands to be used as a credit for future development, or alternatively, the City shall enter into an agreement with the Subdivider, under Section 40 of the Development Charges Act, to enable the transfer of Development Charge credits to other benefiting lands within the community, subject to satisfactory arrangements being made between all parties. 6.13 The SUBDIVIDER agrees that if the existing private water supply is disrupted to properties located adjacent to the plan on Huron Road and Fischer Hallman Road, within two years of the completion and acceptance of underground services for the entire subdivision, as a result of the development of the subdivision, it shall provide at its cost a water supply to the satisfaction of the CITY's Director of Engineering. 6.14 The SUBDIVIDER agrees to provide an easement to the City to the satisfaction of the CITY's Director of Engineering, for a maintenance access to the Strasburg Trunk Sewer at the time that the sewer is extended to the limits of Block 1, Stage 11. COUNCIL MINUTES JULY 2,2003 -240- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) 6.15 The SUBDIVIDER agrees to make satisfactory financial arrangements for the construction of a 1.5 metre concrete sidewalk along the entire Fischer Hallman and Huron Road frontage of the property to the satisfaction of the CITY's Director of Engineering. 6.16 The SUBDIVIDER agrees that no building permit shall be issued for Planning and/or Engineering reasons for Future Development Blocks 22 and 30 (Stage la), Block 7, Blocks 24 -27, and Block 35 (Stage 3), Block 4 (Stage 7), Block 5 (Stage 12), Blocks 5 and 7 (Stage 15), Block 3 (Stage 16), Blocks 3 and 4 (Stage 17) until approval has been given by the CITY's Director of Planning and the CITY's Director of Engineering. 6.17 The SUBDIVIDER agrees that the required landscape buffer blocks, Blocks 27 and 28 (Stage la), Blocks 30 and 31 (Stage 3), and Block 6 (Stage 15) shall be developed at the SUBDIVIDER'S cost in accordance with the approved plans and shall be installed prior to the transfer of title of abutting lots to the first time occupants, or in the event of winter conditions shall be installed by June 1 immediately following such transfer of title. 6.18 The SUBDIVIDER agrees that entrance features shall be installed in accordance with the approved plans prior to issuance of the first occupancy permit in Stage la) for Woodbine Avenue and Stage 3 for Parkvale Drive to the satisfaction of the CITY's Director of Planning and Director of Engineering. 6.19 The SUBDIVIDER agrees to provide an easement(s) to the CITY, for the purpose of providing servicing to adjacent lands, if necessary, to the satisfaction of the CITY's Director of Engineering in consultation with the consulting engineer for the SUBDIVIDER. The appropriate easement shall be granted to the CITY, immediately upon the CITY's request, and the CITY agrees to quit claim the easement when appropriate. 2.1 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions: 1. The City Standard Residential Subdivision Agreement be registered on title. The SUBDIVIDER agrees that the Environmental Assessment and all required works for the construction of the flood control facility in Block 29, Stage la be completed prior to registration of Stage la) to the satisfaction of the CITY's Director of Engineering. The SUBDIVIDER agrees that the Environmental Assessment and all required works, unless otherwise required in the subdivision agreement, for Huron Road, be completed prior to registration of Stage 8, or at the discretion of the CITY's Director of Engineering for any subsequent stages, to the satisfaction of the CITY's Director of Engineering. The SUBDIVIDER agrees to convey all lands required for the Middle Strasburg Creek Trunk Sanitary Sewer to the City of Kitchener, as determined through the approved Environmental Assessment and to the satisfaction of the CITY's Director of Engineering, prior to the registration of Stage la. The SUBDIVIDER also agrees to convey the lands within the Strasburg Creek floodplain to the City of Kitchener to the satisfaction of the CITY's Director of Planning as part of the conveyance of the trunk sewer lands. The SUBDIVIDER agrees that if servicing or grading has not commenced prior to final approval of the plan, a Detailed Vegetation Plan is to be submitted for approval by the CITY's Director of Planning. The Detailed Vegetation Plan shall also show approved grading. The SUBDIVIDER agrees to implement all of the measures COUNCIL MINUTES JULY 2,2003 -241- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) identified in the approved Detailed Vegetation Plan including delivering all information contained in the approved Detailed Vegetation Plan to prospective purchasers to ensure that the requirements are carried out as specified. 6. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Director of Planning and shall obtain approval therefrom. The final plan for registration shall show all lots intended for development as single detached, semi detached or duplex dwellings and a City Standard Supplementary Residential Subdivision Agreement showing such lotting shall be registered for each stage prior to the registration of such stage. This condition shall not apply if the plan is to be registered prior to the approval of servicing plans. The final lotting plan shall also include an on-street parking plan showing a minimum of one on-street parking spot for every two houses, provided within the same block, where possible, to the satisfaction of the CITY's Director of Planning. 8. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering, with co- ordinate values and elevations thereon and submit for registration the plans showing the location of the monuments, their co-ordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. 10. The SUBDIVIDER shall make satisfactory arrangements with Kitchener Wilmot Hydro for the provision of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 11. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telephone services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 12. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: (a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to HYDRO, and telephone companies and the City, to the CITY'S Director of Planning. (b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering Services for municipal services; (c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; (d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Director of Planning or, in the case of parkland, the CITY'S General Manager of Community Services; and COUNCIL MINUTES JULY 2,2003 -242- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) (e) to provide to the CITY'S Director of Planning, a clearance letter from each of HYDRO and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. 13. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. 14. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major entrance to the subdivision, in accordance with a plan approved by the CITY'S Director of Planning, in accordance with the following criteria: a) The sign shall be located outside the required yard setbacks of the applicable zone and outside the corner visibility triangle, with the specific, appropriate location to be approved by the CITY's Director of Planning; b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6 metres, and a maximum area of 13 square metres; c) Graphics shall depict the features within the limits of the subdivision including, without limiting the generality of the foregoing, approved street layout, including emergency access roads, zoning, lotting and specific land uses, types of parks, storm water management areas, hydro corridors, trail links and walkways, potential or planned transit routes and bus stop locations, notification regarding contacts for school sites, noise attenuation measures, environmentally sensitive areas, tree protection areas, special buffer/landscaping areas, water courses, flood plain areas, railway lines and hazard areas and shall also make general reference to land uses on adjacent lands including references to any formal development applications, all to the satisfaction of the CITY'S Director of Planning; d) Approved subdivision billboard locations shall be conveniently accessible to the public for viewing. Low maintenance landscaping is required around the sign and suitable parking and pedestrian access may be required between the sign location and public roadway in order to provide convenient accessibility for viewing; and, e) The SUBDIVIDER shall ensure that the information is current as of the date the sign is erected. Notice shall be posted on the subdivision billboard signs advising that information may not be current and to obtain updated information, inquiries should be made at the CITY'S Department of Development and Technical Services. r) The SUBDIVIDER shall ensure that information on proposed future trails along Strasburg Creek be identified on the sign to the satisfaction of the Director of Planning. 15. The SUBDIVIDER shall satisfy the 5% parkland dedication for the entire subdivision by conveying Blocks 23 and 24 (Stage la), Block 7 (Stage lb), Block 17 (Stage 2), at no cost and free of encumbrance. 16. The SUBDIVIDER shall have landscape plans for the stormwater management facilities prepared by an environmental professional acceptable to the CITY'S General Manager of Community Services and to obtain therefrom, approval of such plans. COUNCIL MINUTES JULY 2,2003 -243- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) 17. The SUBDIVIDER agrees that the streets shall be named to the satisfaction of the CITY'S Director of Planning in accordance with Council Policy I -1070. 18. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Director of Planning, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the subdivision plan(s), have been satisfied. 19. That the SUBDIVIDER obtain an easement, or alternatively acquire lands necessary for extension of servicing through adjacent lands along Maitland Street to the east of Stage la and to the west of Stage 16, prior to registration of Stage la, to the satisfaction of the CITY's Director of Engineering. 20. That prior to registration of Stage la, the SUBDIVIDER, provides information on the geometrics of Huron Road at the Fischer Hallman intersection and the curve at Plains Road, to ensure additional widening is not required within the plan, to the satisfaction of the CITY's Director of Engineering and Director of Planning. 21. The SUBDIVIDER shall obtain approval of plans/drawings, as part of the development of the plan, entrance features at Woodbine Avenue and Parkvale Drive, prior to registration of Stage la, to the satisfaction of the CITY's Director of Planning. 22. The SUBDIVIDER shall obtain approval of plans/drawings from the CITY'S Director of Planning showing a planting plan for the Landscape Buffer Blocks 27, 28 (Stage la), Blocks 30, 31 (Stage 3) Block 6 (Stage 15) prior to registration of Stage la of the plan. 23. The SUBDIVIDER agrees to provide a temporary maintenance access over Stage 10 to Storm Water Management Block 17, Stage 8, to the satisfaction of the CITY'S Director of Engineering, prior to final approval of Stage 8. 24. The SUBDIVIDER agrees to provide a temporary maintenance access over Stage 3 to Block 29, Stage la, to the satisfaction of the CITY's Director of Engineering, prior to final approval of Stage la. 25. To convey to the CITY the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of the plan of subdivision: STAGE 1 a) a) Blocks 23 and 24 for a district park, b) Block 25 for open space, c) Block 26 for storm water management, d) Blocks 27 and 28 for a landscape buffer, e) Block 29 for a flood control facility, f) Block 30 for temporary road/emergency access, g) Block 31 for road widening, h) Blocks 32 to 36 for 0.3m reserves. STAGE 1 b a) Block 7 for park, b) Block 8 for walkway, c) Block 9 for 0.3m reserve. COUNCIL MINUTES JULY 2, 2003 - 244 - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) STAGE 2 a) Block 17 for park, b) Blocks 18 and 19 for walkways, c) Blocks 20 to 23 for 0.3m reserves. STAGE 3 a) Block 28 for linear park, b) Block 29 for storm water management, c) Blocks 30 and 31 for a landscape buffer, d) Block 32 for walkway/service corridor, e) Block 33 for service corridor, f) Block 34 for walkway, g) Block 35 for temporary road/emergency access, h) Block 36 for road widening, i) Blocks 37 to 42 for 0.3m reserves. STAGE 5 a) Blocks 4 and 5 for linear park, b) Block 6 for 0.3m reserve. STAGE 7 a) Block 5 for walkway, b) Block 6 for 0.3m reserve. STAGE 8 a) Blocks 15 and 16 for linear park, b) Block 17 for storm water management, c) Block 18 for walkway/service corridor, d) Blocks 19 to 25 for 0.3m reserves. STAGE 9 a) Block 10 for walkway/service corridor, b) Block 11 for walkway. STAGE 10 a) Block 7 for open space STAGE 12 a) Block 6 for walkway/service corridor, b) Block 7 for 0.3m reserve. STAGE 14 a) Block 5 for walkway/service corridor. STAGE 15 a) Block 6 for landscape buffer, b) Block 7 for temporary road/emergency access, CITY OF KITCHENER COUNCIL MINUTES JULY 2,2003 -245- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) c) Block 8 for road widening, d) Blocks 9 and 10 for 0.3m reserves. STAGE 16 a) Blocks 4 and 5 for 0.3m reserves. STAGE 17 a) Block 5 for 0.3m reserve. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfies the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services: That the owner agrees to stage the development of this subdivision in a manner satisfactory to the Regional Commissioner of Planning, Housing and Community Services. That the plan submitted for final approval may incorporate a lot pattern for all blocks in which single detached and semi-detached lots are permitted, at a density not exceeding the density identified in the draft approval conditions. 3. a) That the owner 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 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 supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. b) That the owner 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 supply and sewage 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 or lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered." That the subdivision agreement be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the Regional Commissioner of Planning, Housing and Community Services prior to final approval of the subdivision plan. COUNCIL MINUTES JULY 2,2003 -246- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) That prior to final approval the owner satisfy the requirements of Grand River Transit, relating to the operation of bus service within the plan, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 6. That prior to the final approval of Stage 1: a) the Regional Municipality of Waterloo shall determine whether a roundabout will be constructed at the intersection of Fischer-Hallman and Huron Roads and the Region will secure the physical and financial resources to complete the reconstruction of the intersection to provide for the installation of the roundabout; or b) if a roundabout is not to be constructed or if the Regional Municipality of Waterloo has yet to make a final decision with respect to the implementation of the roundabout, the plan may proceed to final approval provided that the owner enter into an agreement with the Regional Municipality of Waterloo to provide a southbound left turn lane for traffic and the installation of underground traffic services to provide for future intersection signalization at Fischer-Hallman Road and Huron Road and the owner further agrees to provide a letter of credit equal to all costs of constructing the traffic improvements. 7. That prior to the final approval of Stage 2: a) the Regional Municipality of Waterloo shall determine whether a roundabout will be constructed at the intersection of Fischer-Hallman Road and Seabrook Drive and the Region will secure the physical and financial resources to complete the reconstruction of the intersection to provide for the installation of the roundabout; or b) if a roundabout is not to be constructed or if the Regional Municipality of Waterloo has yet to make a final decision with respect to the implementation of the roundabout, the plan may proceed to final approval provided that the owner enter into an agreement with the Regional Municipality of Waterloo to provide a southbound left turn lane for traffic entering the subdivision from Fischer- Hallman Road at Seabrook Drive and the owner further agrees to provide a letter of credit equal to all costs of constructing the left turn lane. If the Regional Municipality of Waterloo determines roundabouts will not be constructed at one or both of the intersections of Fischer-Hallman Road and Huron Road, and Fischer-Hallman Road and Seabrook Drive, the owner agrees that prior to the final approval of Stage 2 and any subsequent stages, an update to the existing traffic impact analysis is required to determine the need for and timing of additional road improvements to the satisfaction of the Region's Commissioner of Planning Housing and Community Services. The owner agrees to provide a letter of credit to the Regional Municipality of Waterloo for an amount equal to all costs of constructing any required road improvements prior to the final approval of the stage for which any road improvements are required. This traffic impact analysis update shall take into consideration decisions regarding the implementation of roundabouts, and shall consider the need for and timing of auxiliary turn lanes at the intersections of Fischer-Hallman Road and Huron Road, and Fischer-Hallman Road and Seabrook Drive, and signalization at the following intersections: a) Fischer-Hallman Road and Huron Road; b) Fischer-Hallman Road and Seabrook Drive; c) Huron Road and Parkvale Drive/Newcastle Drive; and d) Huron Road and Strasburg Road. COUNCIL MINUTES JULY 2,2003 -247- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) That the traffic impact analysis update(s) noted in Condition 8 above shall also determine the need and timing of the widening of Fischer-Hallman Road to four lanes between Bleams and Huron Roads to satisfaction of the Regional Commissioner of Planning Housing and Community Services. Prior to the registration of any stage requiring the widening of Fischer-Hallman between Bleams Road and Huron Road, the Regional Municipality of Waterloo shall have completed the applicable Environmental Assessment and shall have the physical and financial resources in place to provide for the widening. 10. That the owner obtains a Regional Road Access Permit for Fischer-Hallman Road (Regional Road #58) at proposed Seabrook Drive. 11. That the owner enter into an agreement with the Regional Municipality of Waterloo to prohibit access to Stage 13 from Fischer-Hallman Road (Regional Road #58). 12. That 50 foot daylighting triangles be established at the intersection of Fischer- Hallman Road (Regional Road #58) and Seabrook Drive and be dedicated on the final plan as public highway to the appropriate road authority. 13. That a lot grading and drainage plan be submitted for the entire plan to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services where lands drain to a Regional facility, for approval. 14. That a stormwater management plan be submitted for the entire draft plan of subdivision to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services where lands drain to a Regional facility, for approval. 15. That prior to any grading or construction, and final approval of all or any part of the draft plan of subdivision, a consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site, at the expense of the owner. 16. That the owner prepare an addendum to the Noise Study to indicate to the Regional Municipality of Waterloo, methods to be used to abate traffic noise levels for Blocks 1 and 4 (Stage 14) and if necessary, shall enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the approved noise study attenuation measures prior to the issuance of building permits. 17. That the owner enter into an agreement with the City of Kitchener for Stage la (Blocks 19,20, 21 and 22), Stage lb (Lot 1 and Block 6), Stage 3 (Blocks 1 and 25) and Stage 15 (Block 5), that the following clause be included in the offers of purchase and sale or rental agreements: "Due to its proximity to Huron Road, projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air duct heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants." 18. That the owner enter into an agreement with the City of Kitchener to erect a 1.8 metre high permanent noise barrier adjacent to Huron Road to protect all lots within 19 metres of Huron Road from traffic noise, in accordance with Regional policies and procedures. 19. That prior to the final approval of any stage in the Plan, the boundary between Kitchener Pressure Zones 4 and 5 within the Plan shall be determined to the satisfaction of the Region's Commissioner of Transportation and Environmental COUNCIL MINUTES JULY 2,2003 -248- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) Services. Final approval of any portion of the Plan dependent upon Kitchener Pressure Zone 5 shall not be given until such time as Kitchener Pressure Zone 5 has been established to the satisfaction of the Region's Commissioner of Transportation and Environmental Services. 4. OTHER AGENCY CONDITIONS 1. Prior to any grading or construction on the site and prior to registration of the plan, the owners or their agents submit the following plans and reports to the satisfaction of the Grand River Conservation Authority. a) A detailed storm water management report in accordance with the 1994 Ministry of the Environment and Energy Report entitled "Stormwater Management Practices Planning and Design Manual" and in accordance with the Preliminary Stormwater Management Report prepared by Stantec Consulting Ltd. (dated December 2000 and letter addendums dated October 17, 2002 and November 21,2002). b) A detailed Lot Grading, Servicing and Storm Drainage Plan. c) An Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority's Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. The plan should be prepared taking into consideration the environmental management recommendations contained in the Scoped Environmental Impact Report (December 2000) and letter dated March 24, 2003 prepared by Ecoplans Limited. d) An application for Fill, Construction and Alteration to Waterways Regulation Permit pursuant to Ontario Regulation 149 as amended by 69/93 and 669/94 and 142/98 prior to any construction or alteration within a wetland, Strasburg Creek or its tributary, and/or any placement of fill or grading within the Upper Strasburg Scheduled Area. e) Prior to any grading of any stage, in accordance with the Strasburg Creek Master Watershed Plan Implementation Guideline to maximize use of at-source infiltration techniques in all areas to maintain or increase existing groundwater recharge, a water budget analysis be submitted to the satisfaction of the Grand River Conservation Authority and the City of Kitchener. The water budget must demonstrate pre-development infiltration conditions are matched through the design and implementation of the site. 4.2 That prior to final approval of Stage 4, the owner agrees to make satisfactory arrangements with the Waterloo Region District School Board with respect to Block 1, Stage 4. 4.3 That prior to final approval of the plan, the owner agrees to satisfy Hydro One with respect to the following: a) Prior to final approval, a copy of the lot grading and drainage plan, showing existing and final grades, must be submitted to Hydro One for review and approval. b) Any development in conjunction with the subdivision must not block vehicular access to any Hydro One facilities located on the right of way/easement. During construction, there will be no storage of materials or mounding of earth or other debris on the right of way. COUNCIL MINUTES JULY 2,2003 -249- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) c) Prior to final approval, the subdivider must grant Hydro One a supplemental easement to ensure that existing Hydro One facilities and easement rights are adequately protected. This easement must be registered by the subdivider prior to registration of the plan. d) The subdivider shall make arrangements satisfactory to Hydro One for the crossing of the hydro right of way/easement by any proposed road(s). A separate proposal shall be submitted to Hydro One for such future road crossing(s). e) The costs of any relocations or revisions to Hydro One facilities which are necessary to accommodate this subdivision will be borne by the developer. f) The easement rights of Hydro One and its legal predecessors are to be protected and maintained. g) Any other necessary approvals required by Hydro One with respect to proposed landuse within the Hydro corridor be obtained. 5. CLEARANCE CONDITIONS That prior to the signing of the final plan by the City's Director of Planning, the Director shall be advised by the Regional Commissioner of Planning, Housing and Community Services Conditions 3.1 to 3.19 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied. That prior to the signing of the final plan by the City's Director of Planning the Director shall be advised by the Grand River Conservation Authority that Condition 4.1 a) to e) has been carried out to the satisfaction of the GRCA. The clearance letter from the GRCA shall include a brief statement detailing how the condition has been satisfied. That prior to the signing of the final plan by the City's Director of Planning, the Director shall be advised by the telephone company that Conditions 2.1.11 and 2.1.12 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions were satisfied. That prior to the signing of the final plan by the City's Director of Planning, the Director shall be advised by Kitchener Wilmot Hydro that Conditions 2.1.10 and 2.1.12 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions were satisfied. That prior to the signing of the final plan by the City's Director of Planning, the Director shall be advised by the Waterloo Region District School Board that Condition 4.2 has been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. That prior to the signing of the final plan by the City's Director of Planning, the Director shall be advised by Hydro One that Condition 4.3 has been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. 6. NOTES Development Charges 1. The owner/developer is advised that the provisions of the Development Charge By- laws of the City of Kitchener and the Regional Municipality (RDC By-law 99-038) are applicable. 2. COUNCIL MINUTES JULY 2,2003 -250- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) (Cont'd) Registry Act 3. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. Updated Information 4. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Business and Planning Services Departments of any changes in ownership, agent, address and phone number. Agreement 5. Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a 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 currently $375.00 and $50.00 respectively. Fees 6. The owner/developer is advised that the City of Kitchener and the Regional Municipality of Waterloo have adopted By-Laws, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. Hydro Transmission Lines 7. The transmission lines abutting this subdivision operate at either 500,000 or 230,000 volts. Section 186 - Proximity - of the Regulations for Construction Projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to the energized 500kV conductor. The distance for a 230kV conductor is 3 metres (10 feet). It is the proponent's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors could raise and lower without warning depending on the electrical demand placed on the line. Approvals for Servicing Systems 8. The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, is submitted to the Ministry of the Environment for approval. Stormwater Management 9. The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, is submitted to the Ministry of the Environment for approval. Sewage System 10. The proposed sanitary sewage collection system meets the definition of a "sewage works' as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, is submitted to the Ministry of the Environment for approval. COUNCIL MINUTES JULY 2,2003 -251- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) Planning Act Applicability 11. This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). Regional Servicing Agreement 12. 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 into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Engineering 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, 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. Registration Release 13. To ensure that a Regional Release is issued by the Regional Commissioner of Planning and Culture to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, 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 can not ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. Final Plans - Subdivision 14. 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 City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the signature of the CITY's Director of Planning will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One (1) original mylar Four (4) mylar copies Four (4) white paper prints It is the opinion of this Committee that approval of this application is proper planning for the City. (Dealt with under Delegations and Carried) That Zone Change Application ZC02/32/K/SL (1042129 Ontario Limited for Greenwood Partnership Limited) to change the zoning on the subject property, legally described as Plan 961 Part Lot 2 and municipally known as 3063 Kingsway Drive, from Residential Six (R-6) Zone to Residential Nine (R-9) Zone be approved in the form shown in the "Proposed By-law" dated May 8, 2003; and, COUNCIL MINUTES JULY 2,2003 -252- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 9. (Cont'd) It is the opinion of this Committee that approval of this application is proper planing for the City and is in conformity with the City's Municipal Plan; and further, That the City monitor the traffic levels that may result at the Kingsway Drive and the Fairview Park Mall entrance intersection once Franklin Street South is reopened and upon occupancy of the proposed development on the subject property. 10. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act, R.S.©. 1990, c.P. 13, as amended, and delegation By-law 97-061 of the Regional Municipality of Waterloo, hereby recommends to the Ontario Municipal Board, a modification to the draft approval for Plan of Subdivision Application 30T-97012, for Hallman Brierdale Limited, as follows (asterisk indicates revised conditions and italics indicates revision): '1. That this approval applies to Plan of Subdivision 30T-97012 for Hallman Brierdale Limited as shown on the plan prepared by MacNaughton Hermsen Britton Clarkson Ltd. dated June 4, 2003 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener, dated June 4, 2003, which shows the following: Stage One Blocks 1-4, 11-15 Blocks 5-10 Block 16 Block 17 Blocks 18-21 Block 22 Block 23 Blocks 24, 25 Blocks 26-30 - maximum 128 units - residential (singles, semis) - residential (singles) - park - storm water management / open space - future development - temporary road / residential - walkway / servicing - road widening - 0.3m reserves Stage Two Blocks 1-13 Block 14 Block 15 Block 16 - maximum 98 units - residential (singles, semis) - open space / community trail - walkway - 0.3m reserve Stage Three Blocks 1-6 Block 7 - maximum 47 units - residential (singles, semis) - open space Stage Four Blocks 1-3, 7, 10 Blocks 4-6, 8, 9 Block 11 Block 12 Blocks 13-14 - maximum 88 units - residential (singles, semis) - residential (singles, semis, townhouses) - walkway / servicing - temporary road / residential - 0.3m reserves Stage Five Blocks 1-7 Block 8 Block 9 - maximum 46 units - residential (singles, semis) - walkway - 0.3m reserve 2. CITY OF KITCHENER CONDITIONS That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions be contained therein: The Subdivider covenants and agrees: COUNCIL MINUTES JULY 2,2003 -253- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. (Cont'd) '51. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated June 4, 2003, provided that plans showing lotting within any residential block shall be permitted in accordance with Section 62., and/or minor changes to said plan, acceptable to the City's Manager of Design and Development and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. *52. To prepare a Lot Grading Control Plan to the satisfaction of the City's Director of Engineering in consultation with the City's Director of Operations, and the Grand River Conservation Authority, prior to any grading or construction on site and prior to registration of the Plan. *53. To prepare a detailed engineering design for storm water management in accordance with the approved concept plan and with the Idlewood Creek Master Drainage Plan as a guiding document for any lands draining to Idlewood Creek, to the satisfaction of the City's Director of Engineering in consultation with the City's Director of Operations, the City's Manager of Design and Development, the Region's Commissioner of Planning, Housing and Community Services and the Grand River Conservation Authority, prior to any grading or construction on the site and prior to the registration of the plan. The detailed storm water management design is to also identify lands where at source infiltration should be considered. Said design shall also include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on site throughout all phases of grading and construction. The erosion and siltation control plan is to have particular regard to the protection of the Idlewood Creek Valley, ESPA No. 24 and ESPA No. 25. The Subdivider further agrees to implement all required measures as outlined in the approved final design prior to commencement of grading. 54. That prior to any grading or construction, and final approval of all or any part of the Draft Plan of Subdivision, a consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site, at the expense of the Subdivider. *55. That in consideration of the wooded character of portions of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, to comply with the following process to develop the subdivision in accordance with the City's approved Tree Management Policy: a) prior to the City releasing the Subdivision Plan for registration, the Subdivider shall submit a Detailed Vegetation Plan for the approval of the City's Manager of Design and Development; b) that no area/rough grading shall occur on the lands until such time as all approved measures for protection of isolated trees, tree clusters and woodlands affected by such grading have been satisfactorily implemented and inspected by the City, and the Subdivider has received a written authorization from the City's Director of Engineering to proceed with said grading; c) a tree preservation/enhancement plan will be required prior to applying for or having issued any building permits for those lots or blocks which are subject to site plan approval under Section 41 of the Planning Act, corner lots where site service locations and building type have not been predetermined, interior lots having street frontage greater than 13.7 metres, proposed buildings that are located deeper on the lot than as approved on the Detailed Vegetation Plan and on which the revised grading will have an adverse effect on the Detailed COUNCIL MINUTES JULY 2,2003 -254- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. (Cont'd) Vegetation Plan as determined by the City's Manager of Design and Development; d) to implement and be responsible for providing all information contained in the approved Detailed Vegetation Plan and Tree Preservation/Enhancement Plan (if applicable) to all of its heirs, executors, administrators, successors and assigns in order to ensure that the requirements outlined in said plan(s) are carried out as specified; and e) where a tree suffers minor damage due to construction, the Subdivider shall implement remedial measures such as trimming, dressing or bark doctoring at its cost and as directed by the Environmental Consultant. Where a tree suffers major irreparable damage, or is judged to be unsafe, in the opinion of the Subdivider's Environmental Consultant or the City's Manager of Design and Development, the Subdivider shall remove and replace each such tree with at least one tree of equal value based on the tree value formula as set out in "Guide for Plant Appraisal" of the International Society of Arboriculture, latest edition. Tree replacements shall be on the same lot or block as the tree requiring removal or at a location requiring enhancement within the subdivision. Furthermore, such remedial measure or tree replacements shall be approved, and implemented to the satisfaction of the City's Manager of Design and Development prior to occupancy of the units or, due to weather conditions, by the next planting season. 56. To obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 149, R.R.©. 1990, as amended, for any filling, grading or proposed structures, including roads, storm water management facilities and/or outlets located within wetlands, the scheduled Fill Line or Regulatory Floodline for the Grand River. Such permit shall be obtained prior to on-site grading, the installation of services and prior to registration of the Subdivision Plan. *57. Notwithstanding any bonding arrangements, no building permit shall be applied for or issued for a dwelling on any lands within the plan until the sanitary pumping station, forcemain and related appurtenances are constructed and operational to the satisfaction of the City's Director of Engineering and have been accepted by the City. Provided however, that conditional building permits may be issued if the sanitary pumping station is substantially complete to the satisfaction of the City's Director of Engineering, in which case no occupancy of any dwelling shall be permitted prior to acceptance of said works. *58. That prior to construction or registration of any stage of the plan, the Subdivider shall make arrangements for any additional land required for the proposed pumping station to be conveyed at no cost and free of encumbrance to the City, together with the granting of any required easements, to the satisfaction of the City's Director of Engineering. *59. That the sanitary pumping station, forcemain and related appurtenances, and bike lanes, shall be completed to the satisfaction of the City's Director of Engineering, and the community trail/pedestrian trail on Block 17 of Stage 1 and Block 14 of Stage 2, shall be completed to the satisfaction of the City's Director of Operations. It is acknowledged that these works, including design expenses, are included in the City's Development Charge By-law 99-106, as amended, and the City shall be responsible for 100% of the cost of these works. COUNCIL MINUTES JULY 2,2003 -255- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. (Cont'd) If sufficient money is not allocated from the appropriate City Development Charge Account(s) to permit the City to fund these works and the Subdivider wishes to proceed, the Subdivider agrees to provide and up-front the cost of these works. Accordingly, the City agrees to recognize any monies paid by the Subdivider for any works or services normally paid out of the City's Development Charge Account, with such monies representing a credit towards any City Development Charge payable for each lot or block only within the registered plan. Said credit shall be granted the Development Charge payable prior to the issuance of building permits for those lots or blocks identified by the Subdivider and included in a Supplementary Agreement with the City to be registered against the title of each identified lot or block. If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for which credits are payable shall be registered for each stage prior to the registration of each stage of the plan of subdivision, until there is no outstanding balance remaining. When no outstanding credit balance remains, then the Development Charges will be paid in the normal manner in accordance with the City's By-law. If, following the registration of the entire plan of subdivision and issuance of all building permits, there is any outstanding balance, it shall remain with the lands to be used as a credit for future development, or alternatively, the City shall enter into an agreement with the Subdivider, under Section 40 of the Development Charges Act, to enable the transfer of Development Charge credits to other benefiting lands within the community, subject to satisfactory arrangements being made between all parties. *60. That the street names within the Plan of Subdivision shall be those as shown on the draft plan. '61. That construction traffic to and from this subdivision shall be prohibited from using Zeller Drive between Lackner Boulevard and the westerly limits of the subdivision. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement, with the Subdivider being responsible for any signage, if required, all to the satisfaction of the City's Director of Traffic and Parking. *62. That, within each stage, the final plan for registration shall show all lots intended for development as single detached, semi-detached or duplex dwellings, and a Supplementary Agreement, identifying all lots by reference to each affected block as shown on the attached Plan of Subdivision, dated June 4, 2003, shall be registered for each stage prior to the registration of each stage of the plan of subdivision. This condition shall not apply in the event that the plan is to be registered prior to approval of servicing plans. *63. That prior to the installation of services for the development of Iotless blocks, to submit a draft reference plan for each such lot or block, and obtain approval of the draft reference plan from the City's Manager of Design and Development, the City's Director of Engineering and the Regional Commissioner of Transportation and Environmental Services. *64. For the division of any lots or blocks by Part Lot Control, the Subdivider agrees as follows: i) to submit a draft reference plan for each lot or block, showing all required maintenance easements and eave encroachments if the lots or blocks are proposed for zero sideyard housing and obtain approval of the draft reference plan from the City's Manager of Design and Development, the City's Director of COUNCIL MINUTES JULY 2,2003 -256- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. (Cont'd) Engineering and the Regional Commissioner of Transportation and Environmental Services; ii) to pay all current outstanding taxes prior to the submission of a Part Lot Control Exemption By-law to the City's Council; iii) that the draft reference plan approved above shall be deposited in accordance with the Land Titles Act and three copies submitted to the City's Manager of Design and Development; iv) to receive final approval of a Part Lot Control Exemption By-law; v) that no building permits shall be issued until the above steps are completed and the lots and blocks are in compliance with the approved reference plan and the approved servicing and grading plans; vi) that any further division of lands to create additional building parcels shall require the submission of subsequent reference plans to be approved in accordance with steps i), ii), iii) and iv) above. vii) that notwithstanding step v) above, in the event that only one dwelling is to be constructed on a block in advance of final approval of a Part Lot Control Exemption By-law, in order to ensure that the proper and orderly ultimate development of the block is not compromised, the Subdivider agrees that prior to the issuance of any building permits: a) to submit a draft reference plan for each block, showing all required maintenance easements and eave encroachments if the lots or blocks are proposed for zero sideyard housing, and obtain approval of the draft reference plan from the City's Manager of Design and Development, the City's Director of Engineering and the Regional Commissioner of Transportation and Environmental Services; and b) to obtain approval of lotting plans for each lot or block illustrating lotting, service connections, street utility hardware and proposed grades, together with building envelopes and driveway locations where required, in conformity with the approved draft reference plan as set out above, from the City's Director of Building/Chief Building Official. 65. That prior to the issuance of any building permits within the plan, and as soon as possible following the placement of the first course of asphalt on a road, to erect temporary street name signs and emergency access signs, in the subdivision, all at the cost of the Subdivider and to the satisfaction of the City's Chief Fire Prevention Officer. 66. To install sidewalks on both sides of all streets within the plan. *67. To upgrade to full municipal standards, save and except sidewalk and boulevard trees on the east side of the street, that portion of existing Zeller Drive (proposed Old Zeller Drive) which is intended to remain open to vehicular traffic as shown on the subdivision plan and which is adjacent to the limits of the plan of subdivision, all to the satisfaction of the City's Director of Engineering as part of the development of the plan. JULY 2,2003 COUNCIL MINUTES - 257 - REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. (Cont'd) *68. To restore with a tar and chip surface, any portion of Zeller Drive (proposed Old Zefler D#ve) to the south of the subdivision that may be disturbed as a result of the construction of services, to the satisfaction of the City's Director of Engineering as part of the development of the plan. *69. To restore with a tar and chip surface, any portion of existing Woolner Drive that may be disturbed as a result of the construction of services, all to the satisfaction of the City's Director of Engineering as part of the development of the plan. *70. That in addition to the standard subdivision sign content, the required subdivision sign(s) shall include the following information: 1) Approved NEF noise contour and planning contour information. 2) A warning clause for all lands within the plan to read as follows: "WARNING CLAUSE "Residential dwellings in this area will be fitted with a forced air-directed heating system and ducting, suitably sized and designed to permit the future installation of a central air conditioning system by the occupant(s). Installation of central air conditioning by the occupant(s) will allow windows and exterior doors to remain closed, thereby ensuring that indoor sound levels are within the Municipality's and the Ministry of the Environment's noise criteria. Despite these measures, prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that noise from aircraft using this flight path may cause concern to some individuals." 3) The extent of the structural setback easement on Block 4 of Stage 2 and the conservation easement on Blocks 2 and 3 of Stage 3. 4) A warning clause for afl lands within the plan to read as follows: "Prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that directional lighting along this flight path may cause concern to some individuals." 71. To include the following warning clause in all Offers to Purchase and Agreements of Purchase and Sale and/or rental agreements for all residential lots and blocks within this plan. "WARNING CLAUSE This dwelling unit has been fitted with a forced air-directed heating system and ducting suitably sized and designed to permit the future installation of a central air conditioning system by the occupant(s). Installation of central air conditioning by the occupant(s) will allow windows and exterior doors to remain closed, with the intent to ensure that the indoor sound levels are within the Municipality's and the Ministry of the Environment's noise criteria. Despite these measures, prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that noise from aircraft using this flight path may cause concern to some individuals." 72. That subdivision agreement section 71. shall not be released from title. COUNCIL MINUTES JULY 2,2003 -258- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. (Cont'd) 73. That each residential dwelling unit within this plan shall be fitted with a forced air- directed heating system and ducting suitably sized and designed to permit the future installation of a central air conditioning system by the occupant(s). Further, that as a condition of the issuance of building permits for Blocks 9, 10 and 22 of Stage 1 and Blocks 3, 4, 5 and 12 of Stage 4, a qualified Professional Engineer shall provide his professional opinion confirming the building components including windows, doors, walls and ceiling/roof have been designed to achieve the indoor sound level criteria of the Ministry of the Environment and Energy ("M©EE") in its publication: "Noise Assessment Criteria and Land Use Planning", LU-131 or any successor document in place at the time of the issuance of building permit(s). For the purposes of this condition, the term "qualified Professional Engineer" means a Professional Engineer registered in the Province of Ontario who specializes in acoustics. As part of the final "as built" inspection the qualified Professional Engineer shall carry out a construction review to confirm to the City that the "as built" construction conforms to the approved building permit plans and in particular, the building components required to achieve the indoor sound level criteria. That at the time of registration of any stage of the plan to erect at each main entrance to the community, a permanent noise warning sign with the content to read as follows: "Prospective purchasers and tenants are advised that noise emanating from one of the flight paths leading into and out of the Waterloo Regional Airport, an airport which is in proximity to all lots and blocks on the east side of Lackner Boulevard, may cause concern to some individuals and may interfere with some activities of the dwelling occupants." The size and location of the sign(s) shall be approved by the City's Manager of Design and Development. *75. That the subdivision shall be registered in five stages: Stage 1 consisting of Blocks 1 to 30 inclusive; Stage 2 consisting of Blocks 1 to 16 inclusive; Stage 3 consisting of Blocks 1 to 7 inclusive; Stage 4 consisting of Blocks 1 to 14 inclusive; and Stage 5 consisting of Blocks 1 to 9 inclusive. Further, the Subdivider agrees that the Plan of Subdivision shall be registered in accordance with the following special conditions: a) Stage 1 shall be registered first; b) Stage 2 shall be registered concurrently with or subsequent to Stage 1; c) Stage 3 shall be registered concurrently with or subsequent to Stage 2; d) Stage 4 shall be registered concurrently with or subsequent to Stage 1. Should Stage 4 proceed prior to the registration of Stage 7 of Subdivision 30T- 97015, the Subdivider shall construct at its cost a temporary road, subject to the general and special security arrangements with the City's Director of Engineering as provided in this agreement, on Block 12 of Stage 4 and Block 22 of Stage 1. Said temporary road shall be constructed to City standards save and except concrete sidewalk. It shall be completed to the satisfaction of the City's Director of Engineering and opened to public vehicular traffic prior to occupancy of dwellings COUNCIL MINUTES JULY 2,2003 -259- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. (Cont'd) in Stage 4. The Subdivider hereby creates and provides an irrevocable licence to the City for the lands on which the proposed temporary road will be located. The temporary road shall remain open to public vehicular traffic until such time as permanent secondary access Zefler D#ve and Pebblecreek D#ve of Subdivision 30T-97015 are open to public vehicular traffic and connected to existing Zeller Drive, at which time the Subdivider shall remove the temporary road to the satisfaction of the City's Director of Engineering. The City agrees to release the licence created hereby after completion and opening of permanent secondary roads to the affected parts of the subdivision. Building permits will not be available for lots and those portions of Block 12 of Stage 4 and Block 22 of Stage 1 that are affected by the temporary road until the road has been removed. e) Stage 5 shall be registered concurrently with or subsequent to Stage 4. 76. To dedicate, by plan registration, to the City, at no cost and free of encumbrances, all road widenings and public walkways upon registration of each stage of the plan of subdivision. 77. To convey to the City the following lands for the purposes stated therein, at no cost and free of encumbrances, concurrently with the registration of each stage of the subdivision plan: Stage One: (a) Block 16, for park purposes, (b) Block 17, for open space/storm water management purposes, (c) Blocks 26-30 inclusive, for 0.3 metre reserves. Stage Two: (a) Block 14, for open space/community trail purposes, (b) Block 16, for a 0.3 metre reserve. Stage Three: (a) Block 7, for open space purposes. Stage Four: (a) Blocks 13 and 14, for 0.3 metre reserves. Stage Five: (a) Block 9, for a 0.3 metre reserve. *78. That 0.3 metre reserves may be required to facilitate the staging of the plan and all 0.3 metre reserves shall be shown on the final plan(s) for registration. The City Solicitor, upon notification by the Subdivider, shall arrange for a by-law to be presented to Council for opening said reserves as "public highway" following the registration of subsequent stages of the plan, the completion of the road works and the opening of roads to vehicular traffic, to the satisfaction of the City's Director of Engineering. Reserves are not required between abutting stages registered concurrently. 79. That the 5% parkland dedication as required under the Planning Act, based on the entire Plan of Subdivision being 31.613 hectares, shall be 1.581 hectares, plus the parkland dedication as set out in the Parkland Deferral Agreements for Hallman subdivisions 30T-88027 (0.520 hectares) and 30T-88028 (0.345 hectares) for a total dedication of 2.446 hectares. This shall be satisfied by both the conveyance of Block 16 of Stage 1 (2.334 hectares) to the City, at no cost and free of encumbrance, concurrently with the registration of Stage 1, as well as a cash-in-lieu of parkland contribution for the remainder, equivalent to the value of 0.112 hectares of land. The COUNCIL MINUTES JULY 2,2003 -260- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. (Cont'd) value of the cash contribution shall be determined by the City's appraiser as of the day before the day of draft approval of the plan, payable to the City prior to the City's release of the last stage for registration. *80. To identify concrete transit pads at all planned transit stop locations on the engineering servicing drawings to the satisfaction of the City's Director of Engineering, in consultation with the Regional Municipality of Waterloo, prior to the City's release of each stage of the Plan of Subdivision for registration. The Subdivider shall be responsible for the installation of said concrete transit pads at the time of sidewalk installation within each stage of the plan of subdivision. '81. That prior to registration of any stage, it is the Subdivider's responsibility to secure on behalf of the City the physical and financial resources necessary to provide eastbound and westbound left turn lanes plus combination through right lanes for ©ldfield Drive and Zeller Drive where these roads intersect with Lackner Boulevard. These road improvements will be built by the Subdivider to the satisfaction of the City's Director of Engineering and operational prior to occupancy of any dwelling in any stage. *82. To submit a micro-drainage study for Blocks 2 and 3 of Stage 3, Blocks 2 to 5 of Stage 5, for the approval of the City's Director of Engineering in consultation with the City's Manager of Design and Development and the Region's Commissioner of Planning, Housing and Community Services, prior to any grading or construction within the limits of Stages 3 and 5 and prior to the registration of Stages 3 and 5. The objectives of the micro-drainage study are to maintain pre-development surface runoff volumes relative to the adjacent ESPA's and Wetland W-7 as identified in the Environmental Implementation Report prepared by Ecoplans Limited and dated November, 1999, and to determine appropriate basement elevations. Terms of reference for the micro-drainage study shall be approved by the City's Director of Engineering. *83. That the servicing design of Stage 4 shall be approved by the City's Director of Engineering in consultation with the City's Manager of Design and Development and the Region's Commissioner of Planning, Housing and Community Services and shall be consistent with the recommendations of the Environmental Impact Assessment prepared by Ecoplans Limited and dated November, 1999 to protect the hydrological regime of Wetland W-6c. *84. That prior to registration of Stage 3 and commencement of grading, the Subdivider shall prepare a planting and site rehabilitation plan for the buffer areas relative to Wetland W-7 and other ESPA buffer areas, as identified in the Environmental Impact Assessment prepared by Ecoplans Limited and dated November 1999, to the satisfaction of the City's Director of Operations in consultation with the City's Manager of Design and Development and Region's Commissioner of Planning, Housing and Community Services. The Subdivider further agrees to implement the approved plan prior to occupancy of any dwelling units within Stage 3. *85. To install to the satisfaction of the City's Director of Operations paige wire fencing or an alternative marking system as a boundary identification system along the lot lines which abut ESPA 24 and ESPA 25 prior to occupancy of adjacent dwellings. The Subdivider further agrees to include a statement advising of the fencing/boundary identification system requirement in all Offers to Purchase and Agreements of Purchase and Sale for the lots/blocks affected by this Section. Any such fencing may substitute for any fencing required by section 55. *86. To grant to the City a conservation easement, approved by the City's Solicitor, over the rear portion of Blocks 2 and 3 of Stage 3, zoned Open Space, to be described on a Reference Plan with the preparation and cost of same to be at the Subdivider's COUNCIL MINUTES JULY 2,2003 -261- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. (Cont'd) expense. Said easement is to be registered immediately subsequent to the registration of Stage 3 of the subdivision. The Subdivider further agrees to install identification markers on each lot affected by the conservation easement, to the satisfaction of the City's Manager of Design and Development, prior to issuance of building permits for dwellings on affected lots. The purpose of the easement shall be to advise purchasers of the presence of the Environmentally Sensitive Policy Area, to prohibit dumping or the placement of fill, to limit the removal of natural vegetation, and to prohibit the removal of identification markers. 87. The Subdivider covenants and agrees that no buildings or structures of any kind, including but not limiting the generality of the foregoing, accessory buildings, decks, swimming pools, fences and retaining walls shall be erected or placed within the rear of Block 4 of Stage 2 on each lot between the rear lot line and the structural setback line as defined in the Hydrogeological Investigation (England Naylor Engineering Ltd., August 13, 1977). The Subdivider agrees to install identification markers on, and prior to the issuance of building permits for, each affected lot and covenants not to remove such markers. The Subdivider agrees to have the location of the structural setback line set out on all plans of survey and reference plans and to have this section and the registered instrument no. of this agreement referenced thereon. Further, the Subdivider agrees to include a warning clause in all Offers to Purchase and Agreements of Purchase and Sale and/or rental agreements for each affected lot identifying the location of the structural setback line and the above-stated prohibitions. It is intended that this covenant shall constitute a restrictive covenant running with the land and each part thereof for the benefit of Block 4 and each affected lot thereof, as a building scheme and for the benefit of the City's adjacent open space lands. This section shall not be released from this agreement and will be held in perpetuity. *88. To fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod Block 16, Stage 1 to the satisfaction of the City's Director of Operations. All works required of the Subdivider by this Section shall be completed in conjunction with the timing of grading of surrounding residential development not to exceed two years from the registration of the subdivision plan or at any alternate time approved in writing by the City's Director of Operations. *89. That the community/pedestrian trail on Block 17 of Stage 1 and Block 14 of Stage 2 shall be completed to the satisfaction of the City's Director of Operations prior to occupancy of units within Blocks 4, 12 and 13 of Stage 2. *90. To install to the satisfaction of the City's Director of Operations a boundary identification system along the lot lines which abut Block 14 of Stage 2, Block 7 of Stage 3, prior to occupancy of adjacent dwellings. The Subdivider further agrees to include a statement advising of the marking system requirement in all Offers to Purchase and Agreements of Purchase and Sale for the lots/blocks affected by this Section. '91. a) The City agrees redundant Zeller Drive is to be closed and conveyed to the Subdivider without any costs associated with the land provided the Subdivider conveys to the City that portion of ESPA No. 25 which is owned by the Subdivider and is adjacent to this plan. b) The City hereby acknowledges that the redundant portions of Zeller Drive will be surplus to its needs. c) The Subdivider agrees to be responsible for the costs and preparation of the reference plan which will be deposited by the Subdivider following approval of a draft reference plan by the City's Manager of Design and Development. COUNCIL MINUTES JULY 2,2003 -262- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. (Cont'd) d) The closure and transfer of redundant portions of Zeller Drive will take place once the new road system associated with Stage 1 is built to City standards, accepted for the commencement of the maintenance guarantee period and open to public traffic, to the satisfaction of the City's Director of Engineering. e) The Subdivider shall be responsible for the physical closure and removal of redundant portions of Zeller Drive and if necessary the installation of temporary barricades relative to redundant Zeller Drive. The temporary barricades shall be installed to the satisfaction of the City's Director of Engineering. f) That no building permits shall be applied for or issued for Blocks 18, 19, 20 and 21 of Stage 1 until each block is consolidated under the same ownership with redundant Zeller Drive. *92. That the section of existing Zeller Drive to the east of Old Zefler D#ve and to the south of Old Zefler Drive shall be renamed Old Zefler Ddve. *93. That in the event Stage 1 is registered in advance of Stage 2 of Subdivision 30T- 99201 M.S. Custom Contractors Limited to upgrade to full municipal standards, including service connections to lots fronting Zeller Drive in Plan 30T-99201, that portion of Zeller Drive adjacent to the limits of Subdivision 30T-99201, to the satisfaction of the City's Director of Engineering as part of the development of this plan. *94. That no sewer or water service will be installed within 1.5 metres of the centre of a proposed submersible transformer vault or within 0.9 metres of a proposed electrical service stub and that no fire hydrant will be installed within 3.0 metres of a proposed street light pole or hydro pole. The Subdivider shall review the Regional Commissioner of Transportation and Environmental Services' engineering drawings to co-ordinate the locations of these utilities and shall be responsible for ensuring that these separations are maintained. *95. That a plan showing driveway locations for all lots shall be approved by the City's Manager of Design and Development in consultation with the City's Director of Engineering prior to the installation of services within the Subdivision Plan. *96. That landscape plans of the proposed storm water management facility shall be approved by the City's Director of Operations and the Grand River Conservation Authority prior to the registration of the plan of subdivision. All such landscaping shall be installed at the Subdivider's cost, in accordance with the approved plan. All landscaping of areas above the 5-year storm level shall be installed during the first planting season after occupancy of the first unit. The remainder of the planting shall commence at such time as required by the City's Director of Operations. The Subdivider shall maintain the planting for a period of one year from the completion of final planting. Landscape plans are to be prepared by an Environmental Professional acceptable to the City's Director of Operations. *97. That prior to acceptance by the City's Director of Engineering of storm water management ponds as shown on the approved landscape plan, the Subdivider agrees to erect one or more information signs as public access(s) detailing the purpose of the pond, telephone number for further information and any other relevant information, to be approved by the City's Director of Operations. To include the following warning clause in afl Offers to Purchase and Sale Agreements, and/or rental agreements for afl residential lots and blocks within this plan. "Prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into COUNCIL MINUTES JULY 2,2003 -263- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. (Cont'd) and out of the Watedoo Regional Airport and that directional lighting along this flight path may cause concem to some individuals." To include water pressure reduction devices for each dwelling unit in the plan constructed below 324 MASL, and to include in the offers of purchase and rental agreements, a clause identifying the presence of the water pressure reduction devices and advising that they may not be removed by the owner/tenant. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfy the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services: 1 .a) That the owner 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 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 Engineering shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. b) That the owner 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 supply and sewage 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 or lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered." That prior to the registration of any stage, the Region shall secure the physical and financial resources, in accordance with Regional Development Charge Policy for traffic control signals and lane marker revisions at Lackner Boulevard and Zeller Drive (the "intersection improvements"). The intersection improvements shall be installed and be operational all to the satisfaction of the Region's Commissioner of Transportation and Environmental Services, pdor to occupancy of any dwelling in any stage. That the owner enter into an agreement with the City of Kitchener to include water pressure reduction devices for each dwelling unit constructed below 324 MASL, and to include in the offers of purchase and rental agreements, a clause identifying the presence of the water pressure reduction devices and advising that they may not be removed by the owner/tenant. 4. OTHER AGENCY CONDITIONS 1. That prior to the commencement of any grading or construction on the site, and prior to registration of the plan, the owner shall submit the following plans and reports to the satisfaction and approval of the Grand River Conservation Authority: COUNCIL MINUTES JULY 2,2003 -264- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. (Cont'd) a) A detailed Storm Water Management Report and Plan in accordance with the approved Environmental Impact Assessment (Ecoplans - November 1999). b) A final Grading and Drainage Plan, and final Erosion and Sediment Control Plan in accordance with the Grand River Conservation Authority's guidelines for sediment and erosion control, and the grading limits as indicated in the Environmental Impact Assessment (Ecoplans - November 1999). c) A Fill, Construction and Alteration to Waterways permit application for any filling, grading or proposed structures, including roads, storm water management facilities and/or outlets located within the scheduled Fill Line or Regulatory Floodline for the Grand River and/or the Regulatory Floodline/Fill Line associated with Idlewood Creek. That the subdivision agreement between the owners and the City of Kitchener contain provisions for the completion of the works in accordance with the approved plans and reports noted in a) through c) above. 5. CLEARANCE CONDITIONS '1. Deleted. That prior to the signing of the final plan, the City's Manager of Design and Development is to be advised that Conditions 3.1 to 3.3 have been carded out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region to the City shaft include a brief statement detailing how each condition has been satisfied. That prior to the signing of the final plan, the City's Manager of Design and Development is to be advised that Conditions 4.1 to 4.2 have been carded out to the satisfaction of the Grand River Conservation Authority. The clearance letter from the Grand River Conservation Authority to the City shaft include a brief statement detailing how the condition has been satisfied 6. NOTES The owner/developer is advised that the provisions of the Development Charge By- laws of the City of Kitchener and the Regional Municipality of Waterloo adopted in accordance with the Development Charges Act (Bill 98) apply to this draft approval. 2. The final plans for registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning Departments of any changes in ownership, agent, address and phone number. *4. Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a 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 currently $375.00 and $60.00 respectively. 5. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-law 96-025, pursuant to Section 69 of the Planning Act, R.S.©. 1990, c. COUNCIL MINUTES JULY 2,2003 -265- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. (Cont'd) P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. The proposed storm water management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed storm water management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. The proposed sanitary sewage collection system meets the definition of a "sewage works' as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). '10. 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 into an "Agreement for Servicing" with the Regional Municipality of Waterloo by requesting that the Region's Commissioner of Planning, Housing and Community Services 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, 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. '11. To ensure that a Regional Release is issued by the Regional Commissioner of Planning, Housing and Community Services to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, 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 can not ensure that a Regional Release would be issued prior to year-end where the owner has failed to submit the appropriate documentation by this date. 12. 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 City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance COUNCIL MINUTES JULY 2,2003 -266- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. (Cont'd) from the City of Kitchener and applicable clearance agencies that the necessary arrangements have been made, the Ontario Municipal Board will endorse the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One (1) original mylar Four (4) mylar copies Four (4) white paper prints It is the opinion of this Committee that approval of these modifications is proper planning for the City. (Dealt with under Delegations and Carried) 11. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act, R.S.O. 1990, c.P. 13, as amended, and delegation By-law 97-061 of the Regional Municipality of Waterloo, hereby recommends to the Ontario Municipal Board, a modification to the draft approval for Plan of Subdivision Application 30T-97013, for Hallman Brierdale Limited, as follows (asterisk indicates revised conditions and italics indicates revision): '1. That this approval applies to Plan of Subdivision 30T-97013 for Hallman Brierdale Limited as shown on the plan prepared by MacNaughton Hermsen Britton Clarkson Ltd. dated June 4, 2003 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener, dated June 4, 2003, which shows the following: Stage One Blocks 1-4 Blocks 5 Block 6 Block 7 and 8 - maximum 30 units - residential (singles, semis) - future development - temporary road / residential - 0.3m reserves Stage Two Blocks1-20 Block 21 Block 22 Blocks 23-27 Blocks 28-33 - maximum 150 units - residential (singles, semis) - storm water management - walkway / servicing - temporary road / residential - 0.3 metre reserves Stage Three Blocks 1-4 Blocks 5-6 Blocks 7-9 - maximum 22 units - residential (singles, semis) - temporary road / residential - 0.3 metre reserves Stage Four Blocks 1-5 Block 6 Block 7 Block 8 - maximum 55 units - residential (singles) - open space / community trail - temporary road / residential - 0.3m reserve Stage Five Blocks 1 - institutional Block 2 - park CITY OF KITCHENER CONDITIONS That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions be contained therein: The Subdivider covenants and agrees: COUNCIL MINUTES JULY 2,2003 -267- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 11. (Cont'd) '51. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated June 4, 2003, provided that plans showing lotting within any residential block shall be permitted in accordance with Section 62., and/or minor changes to said plan, acceptable to the City's Manager of Design and Development and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. *52. To prepare a Lot Grading Control Plan to the satisfaction of the City's Director of Engineering in consultation with the City's Director of Operations, and the Grand River Conservation Authority, prior to any grading or construction on site and prior to registration of the Plan. *53. To prepare a detailed engineering design for storm water management in accordance with the approved concept plan, to the satisfaction of the City's Director of Engineering in consultation with the City's General Manger of Community Services, the City's Manager of Design and Development, the Region's Commissioner of Planning, Housing and Community Services and the Grand River Conservation Authority, prior to any grading or construction on the site and prior to the registration of the plan. The detailed storm water management design is to also identify lands where at source infiltration should be considered. Said design shall also include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on site throughout all phases of grading and construction. The Subdivider further agrees to implement all required measures as outlined in the approved final design prior to commencement of grading. 54. That prior to any grading or construction, and final approval of all or any part of the Draft Plan of Subdivision, a consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site, at the expense of the Subdivider. *55. That in consideration of the wooded character of portions of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, to comply with the following process to develop the subdivision in accordance with the City's approved Tree Management Policy: a) prior to the City releasing the Subdivision Plan for registration, the Subdivider shall submit a Detailed Vegetation Plan for the approval of the City's Manager of Design and Development; b) that no area/rough grading shall occur on the lands until such time as all approved measures for protection of isolated trees, tree clusters and woodlands affected by such grading have been satisfactorily implemented and inspected by the City, and the Subdivider has received a written authorization from the City's Director of Engineering to proceed with said grading; c) a tree preservation/enhancement plan will be required prior to applying for or having issued any building permits for those lots or blocks which are subject to site plan approval under Section 41 of the Planning Act, corner lots where site service locations and building type have not been predetermined, interior lots having street frontage greater than 13.7 metres, proposed buildings that are located deeper on the lot than as approved on the Detailed Vegetation Plan and on which the revised grading will have an adverse effect on the Detailed Vegetation Plan as determined by the City's Manager of Design and Development; d) to implement and be responsible for providing all information contained in the approved Detailed Vegetation Plan and Tree Preservation/Enhancement Plan (if COUNCIL MINUTES JULY 2,2003 -268- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 11. (Cont'd) applicable) to all of its heirs, executors, administrators, successors and assigns in order to ensure that the requirements outlined in said plan(s) are carried out as specified; and e) where a tree suffers minor damage due to construction, the Subdivider shall implement remedial measures such as trimming, dressing or bark doctoring at its cost and as directed by the Environmental Consultant. Where a tree suffers major irreparable damage, or is judged to be unsafe, in the opinion of the Subdivider's Environmental Consultant or the City's Manager of Design and Development, the Subdivider shall remove and replace each such tree with at least one tree of equal value based on the tree value formula as set out in "Guide for Plant Appraisal" of the International Society of Arboriculture, latest edition. Tree replacements shall be on the same lot or block as the tree requiring removal or at a location requiring enhancement within the subdivision. Furthermore, such remedial measure or tree replacements shall be approved, and implemented to the satisfaction of the City's Manager of Design and Development prior to occupancy of the units or, due to weather conditions, by the next planting season. 56. To obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 149, R.R.©. 1990, as amended, for any filling, grading or proposed structures, including roads, storm water management facilities and/or outlets located the scheduled Fill Line or Regulatory Floodline for the Grand River. Such permit shall be obtained prior to on-site grading, the installation of services and prior to registration of the Subdivision Plan. *57. Notwithstanding any bonding arrangements, no building permit shall be applied for or issued for a dwelling on any lands within the plan until the sanitary pumping station, forcemain and related appurtenances are constructed and operational to the satisfaction of the City's Director of Engineering and have been accepted by the City. Provided however, that conditional building permits may be issued if the sanitary pumping station is substantially complete to the satisfaction of the City's Director of Engineering, in which case no occupancy of any dwelling shall be permitted prior to acceptance of said works. *58. That prior to construction or registration of any stage of the plan, the Subdivider shall make arrangements for any additional land required for the proposed pumping station to be conveyed at no cost and free of encumbrance to the City, together with the granting of any required easements, to the satisfaction of the City's Director of Engineering. *59. That the sanitary pumping station, forcemain and related appurtenances, and bike lanes, shall be completed to the satisfaction of the City's Director of Engineering, and the community trail/pedestrian trail on Block 21 of Stage 2 and Block 6 of Stage 4, shall be completed to the satisfaction of the City's Director of Operations. It is acknowledged that these works, including design expenses, are included in the City's Development Charge By-law 99-106, as amended, and the City shall be responsible for 100% of the cost of these works. If sufficient money is not allocated from the appropriate City Development Charge Account(s) to permit the City to fund these works and the Subdivider wishes to proceed, the Subdivider agrees to provide and up-front the cost of these works. Accordingly, the City agrees to recognize any monies paid by the Subdivider for any works or services normally paid out of the City's Development Charge Account, with such monies representing a credit towards any City Development Charge payable for each lot or block only within the registered plan. Said credit shall be granted the Development Charge payable prior to the issuance of building permits for those lots or COUNCIL MINUTES JULY 2,2003 -269- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 11. (Cont'd) blocks identified by the Subdivider and included in a Supplementary Agreement with the City to be registered against the title of each identified lot or block. If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for which credits are payable shall be registered for each stage prior to the registration of each stage of the plan of subdivision, until there is no outstanding balance remaining. When no outstanding credit balance remains, then the Development Charges will be paid in the normal manner in accordance with the City's By-law. If, following the registration of the entire plan of subdivision and issuance of all building permits, there is any outstanding balance, it shall remain with the lands to be used as a credit for future development, or alternatively, the City shall enter into an agreement with the Subdivider, under Section 40 of the Development Charges Act, to enable the transfer of Development Charge credits to other benefiting lands within the community, subject to satisfactory arrangements being made between all parties. *60. That the street names within the Plan of Subdivision shall be those as shown on the draft plan. '61. That construction traffic to and from this subdivision shall be prohibited from using Zeller Drive between Lackner Boulevard and the northerly limits of the subdivision. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement, with the Subdivider being responsible for any signage, if required, all to the satisfaction of the City's Director of Traffic and Parking. *62. That, within each stage, the final plan for registration shall show all lots intended for development as single detached, semi-detached or duplex dwellings, and a Supplementary Agreement, identifying all lots by reference to each affected block as shown on the attached Plan of Subdivision dated June 4, 2003, shall be registered for each stage prior to the registration of each stage of the plan of subdivision. This condition shall not apply in the event that the plan is to be registered prior to approval of servicing plans. *63. That prior to the installation of services for the development of Iotless blocks, to submit a draft reference plan for each such lot or block, and obtain approval of the draft reference plan from the City's Manager of Design and Development, the City's Director of Engineering and the Regional Commissioner of Transportation and Environmental Services. *64. For the division of any lots or blocks by Part Lot Control, the Subdivider agrees as follows: to submit a draft reference plan for each lot or block, showing all required maintenance easements and eave encroachments if the lots or blocks are proposed for zero sideyard housing and obtain approval of the draft reference plan from the City's Manager of Design and Development, the City's Director of Engineering and the Regional Commissioner of Transportation and Environmental Services; ii) to pay all current outstanding taxes prior to the submission of a Part Lot Control Exemption By-law to the City's Council; iii) that the draft reference plan approved above shall be deposited in accordance with the Land Titles Act and three copies submitted to the City's Manager of Design and Development; COUNCIL MINUTES JULY 2,2003 -270- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 11. (Cont'd) iv) to receive final approval of a Part Lot Control Exemption By-law; v) that no building permits shall be issued until the above steps are completed and the lots and blocks are in compliance with the approved reference plan and the approved servicing and grading plans; vi) that any further division of lands to create additional building parcels shall require the submission of subsequent reference plans to be approved in accordance with steps i), ii), iii) and iv) above. vii) that notwithstanding step v) above, in the event that only one dwelling is to be constructed on a block in advance of final approval of a Part Lot Control Exemption By-law, in order to ensure that the proper and orderly ultimate development of the block is not compromised, the Subdivider agrees that prior to the issuance of any building permits: a) to submit a draft reference plan for each block, showing all required maintenance easements and eave encroachments if the lots or blocks are proposed for zero sideyard housing, and obtain approval of the draft reference plan from the City's Manager of Design and Development, the City's Director of Engineering and the Regional Commissioner of Transportation and Environmental Services; and b) to obtain approval of lotting plans for each lot or block illustrating lotting, service connections, street utility hardware and proposed grades, together with building envelopes and driveway locations where required, in conformity with the approved draft reference plan as set out above, from the City's Director of Building/Chief Building Official. 65. That prior to the issuance of any building permits within the plan, and as soon as possible following the placement of the first course of asphalt on a road, to erect temporary street name signs and emergency access signs, in the subdivision, all at the cost of the Subdivider and to the satisfaction of the City's Chief Fire Prevention Officer. 66. To install sidewalks on both sides of all streets within the plan. *67. To upgrade to full municipal standards, save and except sidewalk and boulevard trees on the east side of the street, that portion of existing Zeller Drive which is intended to remain open to vehicular traffic as shown on the subdivision plan and which is adjacent to the limits of the plan of subdivision, all to the satisfaction of the City's Director of Engineering as part of the development of the plan. *68. To restore with a tar and chip surface, any portion of existing Zeller Drive to the south of the subdivision that may be disturbed as a result of the construction of services, to the satisfaction of the City's Director of Engineering as part of the development of the plan. *69. In the event that services are constructed on the road allowance of Fairway Road immediately east of Lackner Boulevard, prior to the Region securing the physical and financial resources to extend Fairway Road from Lackner Boulevard to Pebblecreek D#ve of Plan 30T-97015, the Subdivider agrees to construct Fairway Road as a two lane road from Lackner Boulevard to a point approximately 258 metres east of Lackner Boulevard. Said road shall be designed and constructed by the Subdivider to the satisfaction of the City's Director of Engineering, as part of the development of Stage 2 of the plan. *70. That in addition to the standard subdivision sign content, the required subdivision sign(s) shall include the following information: COUNCIL MINUTES JULY 2,2003 -271- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 11. (Cont'd) 1) Approved NEF noise contour and planning contour information. 2) A warning clause for all lands within the plan to read as follows: "WARNING CLAUSE "Residential dwellings in this area will be fitted with a forced air-directed heating system and ducting, suitably sized and designed to permit the future installation of a central air conditioning system by the occupant(s). Installation of central air conditioning by the occupant(s) will allow windows and exterior doors to remain closed, thereby ensuring that indoor sound levels are within the Municipality's and the Ministry of the Environment's noise criteria. Despite these measures, prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that noise from aircraft using this flight path may cause concern to some individuals." 3) A warning clause for afl lands within the plan to read as follows: "Prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that directional lighting along this flight path may cause concern to some individuals." 71. To include the following warning clause in all Offers to Purchase and Agreements of Purchase and Sale and/or rental agreements for all residential lots and blocks within this plan. "WARNING CLAUSE This dwelling unit has been fitted with a forced air-directed heating system and ducting suitably sized and designed to permit the future installation of a central air conditioning system by the occupant(s). Installation of central air conditioning by the occupant(s) will allow windows and exterior doors to remain closed, with the intent to ensure that the indoor sound levels are within the Municipality's and the Ministry of the Environment's noise criteria. Despite these measures, prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that noise from aircraft using this flight path may cause concern to some individuals." 72. That subdivision agreement section 71. shall not be released from title. 73. That each residential dwelling unit within this plan shall be fitted with a forced air - directed heating system and ducting suitably sized and designed to permit the future installation of a central air conditioning system by the occupant(s). Further, that as a condition of the issuance of building permits for all Lots and Blocks within this plan, a qualified Professional Engineer shall provide his professional opinion confirming the building components including windows, doors, walls and ceiling/roof have been designed to achieve the indoor sound level criteria of the Ministry of the Environment and Energy ("MOEE") in its publication: "Noise Assessment Criteria and Land Use Planning", LU-131 or any successor document in place at the time of the issuance of building permit(s). For the purposes of this condition, the term "qualified Professional Engineer" means a Professional Engineer registered in the Province of Ontario who specializes in acoustics. As part of the final "as built" inspection the qualified Professional Engineer shall carry out a construction review to confirm to the City that the "as built" construction conforms to the approved building permit plans and in particular, the building components required to achieve the indoor sound level criteria. COUNCIL MINUTES JULY 2,2003 -272- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 11. (Cont'd) *74. That at the time of registration of any stage of the plan to erect at each main entrance to the community, a permanent noise warning sign with the content to read as follows: "Prospective purchasers and tenants are advised that noise emanating from one of the flight paths leading into and out of the Waterloo Regional Airport, an airport which is in proximity to all lots and blocks on the east side of Lackner Boulevard, may cause concern to some individuals and may interfere with some activities of the dwelling occupants." The size and location of the sign(s) shall be approved by the City's Manager of Design and Development. *75. That the subdivision shall be registered in five stages: Stage 1 consisting of Blocks 1 to 8 inclusive; Stage 2 consisting of Blocks 1 to 22 inclusive; Stage 3 consisting of Blocks 1 to 9 inclusive; Stage 4 consisting of Blocks 1 to 8 inclusive; and Stage 5 consisting of Blocks 1 to 2 inclusive. Further, the Subdivider agrees that the Plan of Subdivision shall be registered in accordance with the following special conditions: a) Stage 1 shall be registered first and either concurrently with or subsequent to Stage 1 of Subdivision 30T-97012; b) Stage 2 shall be registered concurrently with or subsequent to Stage 1. Phasing of construction may involve the construction of a temporary road within Blocks 23 to 27 inclusive of Stage 2 and Block 6 of Stage 1, in the event that Watervale D#ve is not constructed east from existing Zeller Drive. The Subdivider shall construct at its cost any such temporary road subject to the general and special security arrangements as provided in this agreement and in accordance with such reasonable terms and conditions as may be required by the City's Director of Engineering in consultation with the City's Manager of Design and Development. Said temporary road shall be constructed to City standards save and except for concrete sidewalk, completed to the satisfaction of the City's Director of Engineering and opened to public vehicular traffic prior to occupancy of dwellings in Stage 2. The Subdivider hereby creates and provides an irrevocable licence to the City for the lands on which the proposed temporary road will be located. The temporary road shall remain open until such time as Watervale Drive is constructed from existing Zeller Drive to Eden Oak Trail. The City agrees to release the licence created hereby after completion and opening of permanent secondary roads to the affected parts of the subdivision. Building permits will not be available for lots and those portions of Blocks 23 to 27 inclusive of Stage 2 and Block 6 of Stage 1 that are affected by the temporary road until the road has been removed. Should Stage 2 proceed prior to Stage 1 of Plan 30T-97015, the Subdivider agrees to upgrade Woolner Drive as a two lane road from a point approximately 258 metres east of Lackner Boulevard to existing Zeller Drive and to upgrade existing Zeller Drive as a two lane road from Woolner Drive to the limit of the plan all to the satisfaction of the City's Director of Engineering, as part of the development of Stage 2 of the plan. Should Stage 2 proceed concurrently with or following Stage I of Plan 30T-97015, the Subdivider agrees to upgrade Woolner Drive by making improvements to the geometrics in the area of the curve; c) Stage 3 shall be registered concurrently with or subsequent to Stage 2. Should Stage 3 proceed prior to the registration of adjacent subdivision lands to the COUNCIL MINUTES JULY 2,2003 -273- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 11. (Cont'd) north, the Subdivider agrees to construct at its cost, a temporary access road, subject to the general and special security arrangements with the City's Director of Engineering as provided in this agreement, across Blocks 5 and 6 of Stage 3. Said temporary road shall be constructed, to City standards save and except for concrete sidewalk. It shall be completed to the satisfaction of the City's Director of Engineering and opened to public vehicular traffic prior to occupancy of dwellings in Stage 3. The Subdivider hereby creates and provides an irrevocable licence to the City for the lands on which the proposed temporary road will be located. The temporary road shall remain open to public vehicular traffic until such time as permanent secondary access Stillwater Street and Spring Creek Street have been extended northerly and connect through adjacent lands and are open to vehicular traffic, at which time the Subdivider shall remove the temporary road to the satisfaction of the City's Director of Engineering. The City agrees to release the licence created hereby after completion and opening of permanent secondary roads to the affected parts of the subdivision. Building permits will not be available for lots and those portions of Blocks 5 and 6 of Stage 3 that are affected by the temporary road until the road has been removed. d) Stage 4 shall be registered concurrently with or subsequent to Stage 3. Should Stage 4 proceed prior to the registration of adjacent subdivision lands to the north, the Subdivider shall construct at its cost a temporary road, subject to the general and special security arrangements with the City's Director of Engineering as provided in this agreement, on Block 7 of Stage 4. Said temporary road shall be constructed to City standards save and except for concrete sidewalk. It shall be completed the satisfaction of the City's Director of Engineering and opened to public vehicular traffic prior to occupancy of dwellings in Stage 4. The Subdivider hereby created and provides an irrevocable licence to the City for the lands on which the proposed temporary road will be located. The temporary road shall remain open to public vehicular traffic until such time as permanent secondary access Sp#ng Creek Street and River Ridge Street have been extended northerly and connect through adjacent lands and are open to vehicular traffic, at which time the Subdivider shall remove the temporary road to the satisfaction of the City's Director of Engineering. The City agrees to release the licence created hereby after completion and opening of permanent secondary roads to the affected parts of the subdivision. Building permits will not be available for lots and those portions of Block 7 of Stage 4 that are affected by the temporary road until the road has been removed. e) In the event that Stage 4 does not proceed concurrently with Stage 2, the Subdivider agrees to construct a temporary maintenance access road from River Ridge Street in Stage 2 to Block 21 of Stage 2 prior to applying for or being issued any building permits within Stage 2. Said temporary road is to be located on additional lands owned by the Subdivider and designed and built to the satisfaction of the City's Director of Enginee#ng. The Subdivider hereby agrees to assume all liability with respect to the construction and use of the temporary access road. Further, the Subdivider agrees to install temporary barricades at the east end of River Ridge Street, to the satisfaction of the City's Director of Enginee#ng, prior to applying for or being issued any building permits in this Plan. Upon dedication and construction of River Ridge Street in Stage 4, the temporary road and barricades shall be removed at the cost of the Subdivider. f) Stage 5 shall be registered concurrently with or subsequent to Stage 2. 76. To dedicate, by plan registration, to the City, at no cost and free of encumbrances, all road widenings and public walkways upon registration of each stage of the plan of subdivision. COUNCIL MINUTES JULY 2,2003 -274- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 11. (Cont'd) 77. To convey to the City the following lands for the purposes stated therein, at no cost and free of encumbrances, concurrently with the registration of each stage of the subdivision plan: Stage One: (a) Blocks 7 and 8, for 0.3 metre reserves. Stage (a) (b) Two: Block 21, for storm water management / community trail purposes, Block 28-33, for a 0.3 metre reserve. Stage Three: (a) Block 7-9, for 0.3 metre reserves. Stage (a) (b) Four: Block 8, for open space / community trail; Block 8, for a 0.3 metre reserves. Stage Five: (a) Block 2, for park purposes. *78. That 0.3 metre reserves may be required to facilitate the staging of the plan and all 0.3 metre reserves shall be shown on the final plan(s) for registration. The City Solicitor, upon notification by the Subdivider, shall arrange for a by-law to be presented to Council for opening said reserves as "public highway" following the registration of subsequent stages of the plan, the completion of the road works and the opening of roads to vehicular traffic, to the satisfaction of the City's Director of Engineering. Reserves are not required between abutting stages registered concurrently. 79. That the 5% parkland dedication as required under the Planning Act, based on the entire Plan of Subdivision being 19.580 hectares, shall be 0.979 hectares. This shall be satisfied by the conveyance of Block 2 of Stage 5 (1.751 hectares) to the City, at no cost and free of encumbrance, concurrently with the registration of Stage 5. The City shall pay the Subdivider for the over-dedication, equivalent to the value of 0.772 hectares of land. The value of the cash contribution shall be determined by the City's appraiser as of the day before the day of draft approval of the plan, payable to the Subdivider at the time of registration of Stage 5. *80. To identify concrete transit pads at all planned transit stop locations on the engineering servicing drawings to the satisfaction of the City's Director of Engineering, in consultation with the Regional Municipality of Waterloo, prior to the City's release of each stage of the Plan of Subdivision for registration. The Subdivider shall be responsible for the installation of said concrete transit pads at the time of sidewalk installation within each stage of the plan of subdivision. '81. That prior to registration of Stage 2, it is the Subdivider's responsibility to secure on behalf of the City the physical and financial resources necessary to provide eastbound and westbound left turn lanes plus combination through right lanes for ©ldfield Drive and Zeller Drive where these roads intersect with Lackner Boulevard. These road improvements will be built by the Subdivider to the satisfaction of the City's Director of Engineering and operational prior to occupancy of any dwelling in Stage 2. *82. To fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod Block 2 of Stage 5 to the satisfaction of the City's Director of Operations. All works required of the Subdivider by this Section shall be completed in conjunction with the timing of grading of surrounding residential development not to exceed two years from the registration of the subdivision plan or at any alternate time approved in writing by the COUNCIL MINUTES JULY 2,2003 -275- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 11. (Cont'd) City's Director of Operations. *83. That the community/pedestrian trail on Block 21 of Stage 2 and Block 6 of Stage 4 shall be completed to the satisfaction of the City's Director of Operations prior to the occupancy of units within Block 2 of Stage 4. *84. The Subdivider agrees to install to the satisfaction of the City's Director of Operations a boundary identification system along the lot lines which abut Block 6 of Stage 4, prior to issuance of building permits for dwellings on affected lots. The Subdivider further agrees to include a statement advising of the marking system requirement in all Offers to Purchase and Agreements of Purchase and Sale for the lots/blocks affected by this Section. 85. That no building permits will be issued for Block 3 of Stage 1 and Blocks 9, 12, 14, 17 and 18 of Stage 2 until berms and shielding have been constructed in accordance with the Woolner Pit Noise Impact Analysis prepared by Aercoustics Engineering Limited and dated January 3, 2000. Further, that as a condition of the issuance of building permits for the affected blocks, a qualified Professional Engineer shall provide his professional opinion confirming that the required berms and shielding have been constructed in accordance with the specified requirements. For the purposes of this condition, the term qualified Professional Engineer means a Professional Engineer registered in the Province of Ontario who specializes in acoustics. 86. That no building permits will be issued for Blocks 1,2 and 6 of Stage 1, Blocks 5, 6, 10, 11, 15, 16, 19, 20, 23 to 27 inclusive of Stage 2 and Blocks 1 to 5 inclusive and Block 7 of Stage 4 until berms and shielding have been constructed in accordance with the Woolner Pit Noise Impact Analysis prepared by Aercoustics Engineering Limited and dated January 3, 2000 and there is a minimum distance separation of 220 metres between the final limit(s) of active extraction and residential lot lines proposed within each affected block. Further, that as a condition of the issuance of building permits within the affected blocks, a qualified Professional Engineer shall provide his professional opinion confirming that the required berms and shielding have been constructed in accordance with the specified requirements and Rockway Holdings Limited or its successor has confirmed in writing to the City's Director of Building/Chief Building Official that the required distance separation has been achieved. For the purposes of this condition, the term "qualified Professional Engineer" means a Professional Engineer registered in the Province of Ontario who specializes in acoustics. 87. The Subdivider agrees to include the following warning clause in all Offers to Purchase and Agreements of Purchase and Sale and/or rental agreements for all residential blocks within the subdivision: "WARNING CLAUSE Prospective purchasers and tenants are advised that there is an active licensed gravel pit (License No. 5623) in proximity to all lots and blocks in this subdivision. Noise levels from the active gravel pit operations and the haulage route located on Woolner Drive (future Fairway Road) may cause concern to some individuals." 88. That no building permits be issued for Block 5 of Stage 1 until it is consolidated with and held in identical ownership as adjacent lands to the north. 89. The Subdivider agrees that no building permit shall be applied for or issued for a dwelling on any lands within the Plan until satisfactory arrangements are made with the City's Chief Building Official regarding the installation and maintenance of a direct-to-fire alarm monitoring system for each and every dwelling to be constructed within this plan. COUNCIL MINUTES JULY 2,2003 -276- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 11. (Cont'd) Satisfactory arrangements shall be the submission of drawings showing the hard wiring in each dwelling. Prior to occupancy of each dwelling, the Subdivider shall confirm with the Chief Building Official that such system is operational. Such system shall remain operational in perpetuity and this condition shall not be released from title unless and until the City's Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. *90. That no sewer or water service will be installed within 1.5 metres of the centre of a proposed submersible transformer vault or within 0.9 metres of a proposed electrical service stub and that no fire hydrant will be installed within 3.0 metres of a proposed street light pole or hydro pole. The Subdivider shall review the Regional Commissioner of Transportation and Environmental Services' engineering drawings to co-ordinate the locations of these utilities and shall be responsible for ensuring that these separations are maintained. '91. That a plan showing driveway locations for all lots shall be approved by the City's Manager of Design and Development in consultation with the City's Director of Enginee#ng prior to the installation of services within the Subdivision Plan. *92. That landscape plans of the proposed storm water management facility shall be approved by the City's Director of Operations and the Grand River Conservation Authority prior to the registration of the plan of subdivision. All such landscaping shall be installed at the Subdivider's cost, in accordance with the approved plan. All landscaping of areas above the 5-year storm level shall be installed during the first planting season after occupancy of the first unit. The remainder of the planting shall commence at such time as required by the City's Director of Operations. The Subdivider shall maintain the planting for a period of one year from the completion of final planting. Landscape plans are to be prepared by an Environmental Professional acceptable to the City's Director of Operations. *93. That prior to acceptance by the City's Director of Engineering of storm water management ponds as shown on the approved landscape plan, the Subdivider agrees to erect one or more information signs as public access(s) detailing the purpose of the pond, telephone number for further information and any other relevant information, to be approved by the City's Director of Operations. *94. Following the registration of Stage 2 of this plan and draft plan approval of the lands to the north (Huber property), the Subdivider agrees to grant easements to the City for municipal services and/or the conveyance of lands for roads along the future rights-of- way of Stillwater Street and/or Spring Creek Street, Stage 3, to service and/or provide access to the abutting property to the north. The granting of easements and/or the conveyance of lands is subject to the owner of the adjacent lands to the north making satisfactory arrangements with the Subdivider to pay all costs associated with the granting and conveyance of easements, the extension of municipal services and roads within Stillwater Street and/or Spring Creek Street, Stage 3 of this plan. It is the City's intent that a reciprocal section will be a draft plan approval requirement for the lands to the north (Huber property) in the event that Stillwater Street and Spring Creek Street, Stage 3 have not been constructed at the time of draft plan approval for said lands to the north. *95. To include the following warning clause in all Offers to Purchase and Sale Agreements, and/or rental agreements for all residential lots and blocks within this plan. "Prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Watedoo Regional Airport and that directional lighting along this flight path may cause concem to some individuals." COUNCIL MINUTES JULY 2,2003 -277- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 11. (Cont'd) To include water pressure reduction devices for each dwelling unit in the plan constructed below 324 MASL, and to include in the offers of purchase and rental agreements, a clause identifying the presence of the water pressure reduction devices and advising that they may not be removed by the owner/tenant. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfy the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services: 1. a) That the owner 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 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 Engineering shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. b) That the owner 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 supply and sewage 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 or lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered." That prior to the registration of any stage, the Region shall secure the physical and financial resources, in accordance with Regional Development Charge Policy for traffic control signals and lane marker revisions at Lackner Boulevard and Zeller Drive (the "intersection improvements"). The intersection improvements shall be installed and be operational afl to the satisfaction of the Region's Commissioner of Transportation and Environmental Services, prior to occupancy of any dwelling in any stage. That the owner enter into an agreement with the City of Kitchener to include water pressure reduction devices for each dwelling unit constructed below 324 MASL, and to include in the offers of purchase and rental agreements, a clause identifying the presence of the water pressure reduction devices and advising that they may not be removed by the owner/tenant. 4. OTHER AGENCY CONDITIONS That prior to the commencement of any grading or construction on the site, and prior to registration of the plan, the owner shall submit the following plans and reports to the satisfaction and approval of the Grand River Conservation Authority: a) A detailed Storm water Management Report and Plan in accordance with the approved Environmental Impact Assessment (Ecoplans - November 1999). COUNCIL MINUTES JULY 2,2003 -278- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 11. (Cont'd) b) A final Grading and Drainage Plan, and final Erosion and Sediment Control Plan in accordance with the Grand River Conservation Authority's guidelines for sediment and erosion control, and the grading limits as indicated in the Environmental Impact Assessment (Ecoplans - November 1999). c) A Fill, Construction and Alteration to Waterways permit application for any filling, grading or proposed structures, including roads, storm water management facilities and/or outlets located within the scheduled Fill Line or Regulatory Floodline for the Grand River and/or the Regulatory Floodline/Fill Line associated with Idlewood Creek. That the subdivision agreement between the owners and the City of Kitchener contain provisions for the completion of the works in accordance with the approved plans and reports noted in a) through c) above. 5. CLEARANCE CONDITIONS '1. Deleted. That prior to the signing of the final plan, the City's Manager of Design and Development is to be advised that Conditions 3.1 to 3.3 have been carded out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region to the City shaft include a brief statement detailing how each condition has been satisfied. That prior to the signing of the final plan, the City's Manager of Design and Development is to be advised that Conditions 4.1 to 4.2 have been carded out to the satisfaction of the Grand River Conservation Authority. The clearance letter from the Grand River Conservation Authority to the City shaft include a brief statement detailing how the condition has been satisfied 6. NOTES The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality of Waterloo adopted in accordance with the Development Charges Act (Bill 98) apply to this draft approval. The final plans for registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning Departments of any changes in ownership, agent, address and phone number. *4. Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a 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 currently $375.00 and $60.00 respectively. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-law 96-025, pursuant to Section 69 of the Planning Act, R.S.©. 1990, c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. COUNCIL MINUTES JULY 2,2003 -279- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 11. (Cont'd) The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. The proposed storm water management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed storm water management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. The proposed sanitary sewage collection system meets the definition of a "sewage works' as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). '10. 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 into an "Agreement for Servicing" with the Regional Municipality of Waterloo by requesting that the Region's Commissioner of Planning, Housing and Community Services 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, 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. '11. To ensure that a Regional Release is issued by the Regional Commissioner of Planning, Housing and Community Services to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, 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 can not ensure that a Regional Release would be issued prior to year-end where the owner has failed to submit the appropriate documentation by this date. 12. 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 City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the City of Kitchener and applicable clearance agencies that the necessary arrangements have been made, the Ontario Municipal Board will endorse the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: COUNCIL MINUTES JULY 2,2003 -280- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 11. (Cont'd) One (1) original mylar Four (4) mylar copies Four (4) white paper prints It is the opinion of this Committee that approval of these modifications is proper planning for the City. (Dealt with under Delegations and Carried) 12. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act, R.S.©. 1990, c.P. 13, as amended, and delegation By-law 97-061 of the Regional Municipality of Waterloo, hereby recommends to the Ontario Municipal Board, a modification to the draft approval for Plan of Subdivision Application 30T-97014, for Lyndale South, as follows (asterisk indicates revised conditions and italics indicates revision): '1. That this approval applies to Plan of Subdivision 30T-97014 for Lyndale South, as shown on the plan prepared by Green Scheels Pidgeon Planning Consultants dated June 4, 2003 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener, dated June 4, 2003, which shows the following: Blocks 2-8 Blocks 1,9-17 Block 18 Blocks 19, 20 Block 21 Block 22 Block 23 - residential (singles, semis) - residential (multiple residential) - park - open space - storm water management - road widening - 0.3 m reserve This approval permits a minimum of 34 single detached units and 36 townhouse units, and a maximum of 53 single detached units and 73 townhouse units. 2. CITY OF KITCHENER CONDITIONS: That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions be contained therein: The Subdivider covenants and agrees: '51. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated June 4, 2003, provided that plans showing lotting within any residential block shall be permitted in accordance with Section 61., and/or minor changes to said plan, acceptable to the City's Manager of Design and Development and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. *52. To prepare a Lot Grading Control Plan to the satisfaction of the City's Director of Engineering in consultation with the City's Director of Operations, and the Grand River Conservation Authority, prior to any grading or construction on site and prior to registration of the Plan. *53. To prepare a detailed engineering design for storm water management in accordance with the approved concept plan, the Environmental Impact Assessment prepared by Ecoplans Limited and dated November 1999, and the Idlewood Creek Master Drainage Plan as a guiding document for those lands draining to Idlewood Creek, to the satisfaction of the City's Director of Engineering in consultation with the City's Director of Operations, the City's Manager of Design and Development and the Grand River Conservation Authority, prior to any grading or construction on the site and prior to the COUNCIL MINUTES JULY 2,2003 -281- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 12. (Cont'd) registration of the plan. Said design shall also include an Erosion and Siltation Control Plan indicating the means whereby erosion will be minimized and silt maintained on site throughout all phases of grading and construction. The Subdivider further agrees to implement all required measures as outlined in the approved final design prior to commencement of grading. 54. That prior to any grading or construction, and final approval of all or any part of the Draft Plan of Subdivision, a consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site, at the expense of the Subdivider. *55. That in consideration of the wooded character of portions of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, to comply with the following process to develop the subdivision in accordance with the City's approved Tree Management Policy: a) prior to the City releasing the Subdivision Plan for registration, the Subdivider shall submit a Detailed Vegetation Plan for the approval of the City's Manager of Design and Development; b) that no area/rough grading shall occur on the lands until such time as all approved measures for protection of isolated trees, tree clusters and woodlands affected by such grading have been satisfactorily implemented and inspected by the City, and the Subdivider has received a written authorization from the City's Director of Engineering to proceed with said grading; c) a tree preservation/enhancement plan will be required prior to applying for or having issued any building permits for those lots or blocks which are subject to site plan approval under Section 41 of the Planning Act, corner lots where site service locations and building type have not been predetermined, interior lots having street frontage greater than 13.7 metres, proposed buildings that are located deeper on the lot than as approved on the Detailed Vegetation Plan and on which the revised grading will have an adverse effect on the Detailed Vegetation Plan as determined by the City's Manager of Design and Development; d) to implement and be responsible for providing all information contained in the approved Detailed Vegetation Plan and Tree Preservation/Enhancement Plan (if applicable) to all of its heirs, executors, administrators, successors and assigns in order to ensure that the requirements outlined in said plan(s) are carried out as specified; and e) where a tree suffers minor damage due to construction, the Subdivider shall implement remedial measures such as trimming, dressing or bark doctoring at its cost and as directed by the Environmental Consultant. Where a tree suffers major irreparable damage, or is judged to be unsafe, in the opinion of the Subdivider's Environmental Consultant or the City's Manager of Design and Development, the Subdivider shall remove and replace each such tree with at least one tree of equal value based on the tree value formula as set out in "Guide for Plant Appraisal" of the International Society of Arboriculture, latest edition. Tree replacements shall be on the same lot or block as the tree requiring removal or at a location requiring enhancement within the subdivision. Furthermore, such remedial measure or tree replacements shall be approved, and implemented to the satisfaction of the City's Manager of Design and Development prior to occupancy of the units or, due to weather conditions, by the next planting season. COUNCIL MINUTES JULY 2,2003 -282- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 12. (Cont'd) 56. To obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 149, R.R.©. 1990, as amended, for any filling, grading or proposed structures, including roads, storm water management facilities and/or outlets located within wetlands, the scheduled Fill Line or Regulatory Floodline for the Grand River or the regulatory floodline for Idlewood Creek. Such permit shall be obtained prior to on-site grading, the installation of services and prior to registration of the Subdivision Plan. *57. Notwithstanding any bonding arrangements, no building permit shall be applied for or issued for a dwelling on any lands within the plan until the sanitary pumping station, forcemain and related appurtenances are constructed and operational to the satisfaction of the City's Director of Engineering, and have been accepted by the City. Provided however, that conditional building permits may be issued if the sanitary pumping station is substantially complete to the satisfaction of the City's Director of Engineering, in which case no occupancy of any dwelling shall be permitted prior to acceptance of said works. *58. That prior to construction or registration of any stage of the plan, the Subdivider shall make arrangements for any additional land required for the proposed pumping station to be conveyed at no cost and free of encumbrance to the City, together with the granting of any required easements, to the satisfaction of the City's Director of Engineering. That the sanitary pumping station, forcemain and related appurtenances shall be completed to the satisfaction of the City's Director of Engineering. It is acknowledged that these works, including design expenses, are included in the City's Development Charge By-law 99-106, as amended, and the City shall be responsible for 100% of the cost of these works. If sufficient money is not allocated from the appropriate City Development Charge Account(s) to permit the City to fund these works and the Subdivider wishes to proceed, the Subdivider agrees to provide and up-front the cost of these works. Accordingly, the City agrees to recognize any monies paid by the Subdivider for any works or services normally paid out of the City's Development Charge Account, with such monies representing a credit towards any City Development Charge payable for each lot or block only within the registered plan. Said credit shall be granted for the Development Charge payable prior to the issuance of building permits for those lots or blocks identified by the Subdivider and included in a Supplementary Agreement with the City to be registered against the title of each identified lot or block. If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for which credits are payable shall be registered for each stage prior to the registration of each stage of the plan of subdivision, until there is no outstanding balance remaining. When no outstanding credit balance remains, then the Development Charges will be paid in the normal manner in accordance with the City's By-law. If, following the registration of the entire plan of subdivision and issuance of all building permits, there is any outstanding balance, it shall remain with the lands to be used as a credit for future development, or alternatively, the City shall enter into an agreement with the Subdivider, under Section 40 of the Development Charges Act, to enable the transfer of Development Charge credits to other benefiting lands within the community, subject to satisfactory arrangements being made between all parties. *59. That the street names within the Plan of Subdivision shall be those as shown on the draft plan. COUNCIL MINUTES JULY 2,2003 -283- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 12. (Cont'd) *60. That construction traffic to and from this subdivision shall be restricted to using the extension of Street One to Woolner Drive/Fairway Road to Lackner Boulevard. All construction traffic shall be prohibited from using all other internal residential streets in the community. The Subdivider agrees to advise all relevant contractors, builders, and other persons of this requirement, with the Subdivider being responsible for any signage, if required, all to the satisfaction of the City's Director of Traffic and Parking. '61. That, within each stage, the final plan for registration shall show all lots intended for development as single detached, semi-detached or duplex dwellings, and a Supplementary Agreement, identifying all lots by reference to each affected block as shown on the attached Plan of Subdivision dated June 4, 2003, shall be registered for each stage prior to the registration of each stage of the plan of subdivision. This section shall not apply in the event that the plan is to be registered prior to approval of servicing plans. *62. That prior to the installation of services for the development of Iotless blocks, to submit a draft reference plan for each such lot or block, and obtain approval of the draft reference plan from the City's Manager of Design and Development, the City's Director of Engineering and the Regional Commissioner of Transportation and Environmental Services. *63. For the division of any lots or blocks by Part Lot Control, the Subdivider agrees as follows: to submit a draft reference plan for each lot or block, showing all required maintenance easements and eave encroachments if the lots or blocks are proposed for zero sideyard housing and obtain approval of the draft reference plan from the City's Manager of Design and Development, the City's Director of Engineering and the Regional Commissioner of Transportation and Environmental Services; ii) to pay all current outstanding taxes prior to the submission of a Part Lot Control Exemption By-law to the City's Council; iii) that the draft reference plan approved above shall be deposited in accordance with the Land Titles Act and three copies submitted to the City's Manager of Design and Development; iv) to receive final approval of a Part Lot Control Exemption By-law; v) that no building permits shall be issued until the above steps are completed and the lots and blocks are is in compliance with the approved reference plan and the approved servicing and grading plans; vi) that any further division of lands to create additional building parcels shall require the submission of subsequent reference plans to be approved in accordance with steps i), ii), iii) and iv) above. vii) that notwithstanding step v) above, in the event that only one dwelling is to be constructed on a block in advance of final approval of a Part Lot Control Exemption By-law, in order to ensure that the proper and orderly ultimate development of the block is not compromised, the Subdivider agrees that prior to the issuance of any building permits: a) to submit a draft reference plan for each block, showing all required maintenance easements and eave encroachments if the lots or blocks are proposed for zero sideyard housing, and obtain approval of the draft reference plan from the City's Manager of Design and Development, the COUNCIL MINUTES JULY 2,2003 -284- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 12. (Cont'd) City's Director of Engineering and the Regional Transportation and Environmental Services; and Commissioner of b) to obtain approval of lotting plans for each lot or block illustrating lotting, service connections, street utility hardware and proposed grades, together with building envelopes and driveway locations where required, in conformity with the approved draft reference plan as set out above, from the City's Director of Building/Chief Building Official 64. That prior to the issuance of any building permits within the plan, and as soon as possible following the placement of the first course of asphalt on a road, to erect temporary street name signs and emergency access signs, in the subdivision, all at the cost of the Subdivider and to the satisfaction of the City's Chief Fire Prevention Officer. 65. To install sidewalks on both sides of all streets within the plan. *66. That, prior to registration of this plan, to prepare and obtain approval of a plan showing the details of the upgrading of that section of existing Zeller Drive from Woolner Drive to the pumping station. Such plan shall provide for upgrading to modified municipal standards, including modified curb and gutter, tar and chip surface, suitable style of lighting fixtures, boulevard planting and a concrete sidewalk of suitable construction design. Such plan shall be approved by the City's Director of Engineering in consultation with the City's Manager of Design and Development and implemented by the Subdivider from the north limits of the plan to the pumping station, as part of the development of the plan. *67. To restore with a tar and chip surface, any portion of existing Zeller Drive north of the subdivision and any portion of existing Woolner Drive that may be disturbed as a result of the construction of services, all to the satisfaction of the City's Director of Engineering as part of the development of the plan. *68. In the event that services are constructed on the road allowance of Fairway Road immediately east of Lackner Boulevard, prior to the Region securing the physical and financial resources to extend Fairway Road from Lackner Boulevard to Pebblecreek D#ve of Plan 30T-97015, the Subdivider agrees to construct Fairway Road as a two lane road from Lackner Boulevard to a point approximately 258 metres east of Lackner Boulevard. Said road shall be designed and constructed by the Subdivider to the satisfaction of the City's Director of Engineering, as part of the development of the plan. *69. That in addition to the standard subdivision sign content, the required subdivision sign(s) shall include the following information: a) Approved NEF noise contour and planning contour information. b) A warning clause for all lands within the plan to read as follows: "Residential dwellings in this area will be fitted with a forced air-directed heating system and ducting, suitably sized and designed to permit the future installation of a central air conditioning system by the occupant(s). Installation of central air conditioning by the occupant(s) will allow windows and exterior doors to remain closed, thereby ensuring that indoor sound levels are within the Municipality's and the Ministry of the Environment's noise criteria. Despite these measures, prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that noise from aircraft using this flight path may cause concern to some individuals." c) The extent of the structural setback on Block 3. COUNCIL MINUTES JULY 2,2003 -285- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 12. (Cont'd) d) A warning clause for afl lands within the plan to read as follows: "Prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that directional lighting along this flight path may cause concern to some individuals." 70. To include the following warning clause in all Offers to Purchase and Agreements of Purchase and Sale and/or rental agreements for all residential lots and blocks within this plan. "WARNING CLAUSE This dwelling unit has been fitted with a forced air-directed heating system and ducting suitably sized and designed to permit the future installation of a central air conditioning system by the occupant(s). Installation of central air conditioning by the occupant(s) will allow windows and exterior doors to remain closed, with the intent to ensure that the indoor sound levels are within the Municipality's and the Ministry of the Environment's noise criteria. Despite these measures, prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that noise from aircraft using this flight path may cause concern to some individuals." 71. That subdivision agreement section 70. shall not be released from title. 72. That each residential dwelling unit within this plan shall be fitted with a forced air- directed heating system and ducting suitably sized and designed to permit the future installation of a central air conditioning system by the occupant(s). Further, that as a condition of the issuance of building permits for all Lots and Blocks within this plan, a qualified Professional Engineer shall provide his professional opinion confirming the building components including windows, doors, walls and ceiling/roof have been designed to achieve the indoor sound level criteria of the Ministry of the Environment and Energy ("MOEE") in its publication: "Noise Assessment Criteria and Land Use Planning", LU-131 or any successor document in place at the time of the issuance of building permit(s). For the purposes of this condition, the term "qualified Professional Engineer" means a Professional Engineer registered in the Province of Ontario who specializes in acoustics. As part of the final "as built" inspection the qualified Professional Engineer shall carry out a construction review to confirm to the City that the "as built" construction conforms to the approved building permit plans and in particular, the building components required to achieve the indoor sound level criteria. *73. That at the time of registration of any stage of the plan to erect at each main entrance to the community, a permanent noise warning sign with the content to read as follows: "Prospective purchasers and tenants are advised that noise emanating from one of the flight paths leading into and out of the Waterloo Regional Airport, an airport which is in proximity to all lots and blocks on the east side of Lackner Boulevard, may cause concern to some individuals and may interfere with some activities of the dwelling occupants." The size and location of the sign(s) shall be approved by the City's Manager of Design and Development. COUNCIL MINUTES JULY 2,2003 -286- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 12. (Cont'd) *74. That the entire Plan of Subdivision shall be registered in one stage, but may be serviced and developed in phases, with the extent of each phase to be shown on the servicing drawings to the satisfaction of the City's Director of Engineering. 75. To dedicate, by plan registration, to the City, at no cost and free of encumbrances, all road widenings and public walkways upon registration of each stage of the plan of subdivision. 76. To convey to the City the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with registration of the subdivision plan: a) b) c) d) Block 18, for park purposes; Blocks 19 and 20 for open space purposes; Block 21, for storm water management purposes; and, Block 23, for a 0.3 metre reserve. *77. The City Solicitor, upon notification by the Subdivider, shall arrange for a by-law to be presented to Council for opening reserve Block 21 as "public highway" at such time as adjoining streets are constructed, accepted and are open to the public, to the satisfaction of the City's Director of Engineering. 78. That the 5% parkland dedication as required under the Planning Act, based on the entire Plan of Subdivision being 5.199 hectares, shall be 0.260 hectares. This shall be satisfied by both the conveyance of Block 18 (0.166 hectares) to the City, at no cost and free of encumbrance, concurrently with the registration of the Plan, as well as conveyance of additional land owned by the Subdivider, from the south limits of the plan, generally to Idlewood Creek concurrently with registration of the plan. *79. That construction vehicle storage and maintenance sites and fuel storage areas be shown on the Detailed Vegetation Plan to the satisfaction of the City's Manager of Design and Development, and that during construction, monitoring by the Subdivider shall include regular inspections of the areas upgradient of the Idlewood Creek Valley for fuel storage and oiling/greasing of machinery to ensure the protection of downgradient water quality. *80. Prior to registration of the plan, to obtain the approval of the City's Director of Operations of a planting plan for the open space lands abutting Blocks 1 to 4, in order to establish a natural vegetated buffer with suitable mature trees and shrubs in order to discourage potential encroachment. The Subdivider agrees to implement the approved plan to the satisfaction of the City's Director of Operations, prior to occupancy of any dwelling in the affected blocks, or in the event of winter conditions, prior to June 1st of the following spring. '81. The Subdivider agrees to install 1.2 metre high paige wire fencing, or an alternative marking system, along the rear of Blocks 1 to 4 where they abut Idlewood Creek and Blocks 13 to 16 where they abut Block 18, and the side lot lines of Blocks 1 and 17 where they abut Blocks 20 and 19, to the satisfaction of the City's Director of Operations, prior to occupancy of any dwelling in the affected blocks. 82. The Subdivider covenants and agrees that no buildings or structures of any kind, including but not limiting the generality of the foregoing, accessory buildings, decks, swimming pools, fences and retaining walls shall be erected or placed within the rear of Block 1 of Stage 3 on each lot between the rear lot line and the structural setback line as defined in the Hydrogeological Investigation (England Naylor Engineering Ltd., August 13, 1977). The Subdivider agrees to install identification markers on, and prior to the issuance of building permits for, each affected lot and covenants not to remove such markers. The Subdivider agrees to have the location of the structural setback line set COUNCIL MINUTES JULY 2,2003 -287- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 12. (Cont'd) out on all plans of survey and reference plans and to have this section and the registered instrument no. of this agreement referenced thereon. Further, the Subdivider agrees to include a warning clause in all Offers to Purchase and Agreements of Purchase and Sale and/or rental agreements for each affected lot identifying the location of the structural setback line and the above-stated prohibitions. It is intended that this covenant shall constitute a restrictive covenant running with the land and each part thereof for the benefit of Block 1 of Stage 3 and each affected lot thereof, as a building scheme and for the benefit of the City's adjacent open space lands. This section shall not be released from this agreement and will be held in perpetuity. 83. To include the following warning clause in all Offers to Purchase and Agreements of Purchase and Sale and/or rental agreements for all residential blocks within the subdivision: "WARNING CLAUSE Prospective purchasers and tenants are advised that there is an active licensed gravel pit (License No. 5623) in proximity to all lots and blocks in this subdivision. Noise levels from the active gravel pit operations and the haulage route located on Woolner Drive (future Fairway Road) may cause concern to some individuals. *84. The registration of this Plan and the subsequent issuance of building permits can only occur consecutively with, or subsequent to, the registration of the adjacent lands (east of Idlewood Creek), or when such other arrangements have been made to permit Upper Mercer Street to connect with Woolner Drive through the adjacent lands, so as to provide a primary and secondary means of access to the plan of subdivision all to the satisfaction of the City's Director of Engineering in consultation with the City's Manager of Design and Development. Should this plan proceed prior to Stage I of Plan 30T- 97015, the Subdivider agrees to upgrade Woolner Drive as a two lane road from a point approximately 258 metres east of Lackner Boulevard to the extension of Upper Mercer Street, and to construct the intersection of Upper Mercer Street with Woolner Drive on the road allowance for the future Fairway Road, all to the satisfaction of the City's Director of Engineering, as part of the development of the plan. *85. That the detailed design of Upper Mercer Street is to consider alternative engineering standards if necessary to minimize impacts on environmental features as a result of the extension of Upper Mercer Street beyond the limits of this plan. Any alternative standards are to be approved by the City's Director of Engineering. *86. That no sewer or water service will be installed within 1.5 metres of the centre of a proposed submersible transformer vault or within 0.9 metres of a proposed electrical service stub and that no fire hydrant will be installed within 3.0 metres of a proposed street light pole or hydro pole. The Subdivider shall review the Regional Commissioner of Transportation and Environmental Services' engineering drawings to co-ordinate the locations of these utilities and shall be responsible for ensuring that these separations are maintained. *87. That a plan showing driveway locations for all lots shall be approved by the City's Manager of Design and Development in consultation with the City's Director of Enginee#ng prior to the installation of services. *88. That landscape plans of the proposed storm water management facility shall be approved by the City's Director of Operations and the Grand River Conservation Authority prior to the registration of the plan of subdivision. All such landscaping shall be installed at the Subdivider's cost, in accordance with the approved plan. All landscaping of areas above the 5-year storm level shall be installed during the first planting season after occupancy of the first unit. The remainder of the planting shall commence at such time as required by the City's Director of Operations. The Subdivider shall maintain the COUNCIL MINUTES JULY 2,2003 -288- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 12. (Cont'd) planting for a period of one year from the completion of final planting. Landscape plans are to be prepared by an Environmental Professional acceptable to the City's Director of Operations. *89. That prior to acceptance by the City's Director of Engineering of storm water management ponds as shown on the approved landscape plan, the Subdivider agrees to erect one or more information signs as public access(s) detailing the purpose of the pond, telephone number for further information and any other relevant information, to be approved by the City's Director of Operations. *90. To include the following warning clause in all Offers to Purchase and Sale Agreements, and/or rental agreements for all residential lots and blocks within this plan. "Prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Watedoo Regional Airport and that directional lighting along this flight path may cause concem to some individuals." To include water pressure reduction devices for each dwelling unit in the plan constructed below 324 MASL, and to include in the offers of purchase and rental agreements, a clause identifying the presence of the water pressure reduction devices and advising that they may not be removed by the owner/tenant. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfy the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services: 1 .a) That the owner enter into an Agreement of 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 has already entered into an agreement for 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 Engineering shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the land to be registered. b) That the owner include the following statement in all agreements of lease or purchase and sale that may be entered in 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 supply and sewage 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 or lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered." That prior to final approval of all or any part of the plan, the owner shall submit an update to the traffic impact study and the Region shall secure the physical and COUNCIL MINUTES JULY 2,2003 -289- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 12. (Cont'd) financial resources in accordance with Regional Development Charge Policy, for any road improvements identified in the study update. That the owner enter into an agreement with the City of Kitchener to include water pressure reduction devices for each dwelling unit constructed below 324 MASL, and to include in the offers of purchase and rental agreements, a clause identifying the presence of the water pressure reduction devices and advising that they may not be removed by the owner/tenant. 4. OTHER AGENCY CONDITIONS That prior to commencement of any grading or construction on the site, and prior to registration of the plan, the owner shall submit the following plans and reports to the satisfaction and approval of the Grand River Conservation Authority: a) A detailed Storm water Management Report in accordance with the 1994 Ministry of Environment and energy Report entitled "Storm water Management Practices Planning and Design Manual" and in accordance with the approved Environmental Impact Assessment (Ecoplans - November 1999) and concept plan. b) A final Grading and Drainage Plan, and final Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority's Guidelines for sediment and erosion control and the grading limits as indicated in the Environmental Implementation Report (Ecoplans - November 1999). c) A Fill, Construction and Alteration to Waterways permit application for any filling, grading or proposed structures, including roads, storm water management facilities and/or outlets located within the scheduled Fill Line or Regulatory Floodline for the Grand River and/or the Regulatory Floodline/Fill Line associated with Idlewood Creek. That the subdivision agreement between the owners and the City of Kitchener contain provisions for the completion of the works in accordance with the approved plans and reports noted in a) through c) above. 5. CLEARANCE CONDITIONS '1. Deleted. That prior to the signing of the final plan, the City's Manager of Design and Development is to be advised that Conditions 3.1 to 3.3 have been carded out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region to the City shall include a brief statement detailing how each condition has been satisfied. That prior to the signing of the final plan, the City's Manager of Design and Development is to be advised that Conditions 4.1 to 4.2 have been carded out to the satisfaction of the Grand River Conservation Authority. The clearance letter from the Grand River Conservation Authority to the City shall include a bdef statement detailing how the condition has been satisfied. COUNCIL MINUTES JULY 2,2003 -290- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 12. (Cont'd) 6. NOTES The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality of Waterloo adopted in accordance with the Development Charges Act (Bill 98) apply to this draft approval. The final plans for registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning Departments of any changes in ownership, agent, address and phone number. *4. Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a 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 currently $375.00 and $60.00 respectively. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-law 96-025, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. The proposed storm water management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed storm water management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. The proposed sanitary sewage collection system meets the definition of a "sewage works' as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). '10. 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 into an "Agreement for Servicing" with the Regional Municipality of Waterloo by requesting that the Region's Commissioner of Planning, Housing and Community Services initiate COUNCIL MINUTES JULY 2,2003 -291- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 12. (Cont'd) 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, 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. '11. To ensure that a Regional Release is issued by the Regional Commissioner of Planning, Housing and Community Services to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, 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 can not ensure that a Regional Release would be issued prior to year-end where the owner has failed to submit the appropriate documentation by this date. 12. 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 City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the City of Kitchener and applicable clearance agencies that the necessary arrangements have been made, the Ontario Municipal Board will endorse the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One (1) original mylar Four (4) mylar copies Four (4) white paper prints It is the opinion of this Committee that approval of these modifications is proper planing for the City. 13. That Demolition Control Application DC 03/04/C/CB (House of Friendship) requesting approval for the demolition of three single detached dwellings, located at 67, 71 and 75 Charles Street East, on land legally described as Plan 367 Part Lot 2 to Part Lot 4, be approved in principle, subject to the following conditions: 1. That the owner obtain final Site Plan Approval; and, 2. That the owner obtains a building permit for the proposed development. Upon satisfaction of conditions 1 and 2, the Director of Planning may authorize and issue a demolition permit under Section 33(6) of the Planning Act. The demolition permit will be subject to the following condition: That in the event that construction of the new 22-unit residential building is not substantially complete within 2 years of the date that demolition is commenced, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. It is the opinion of this Committee that approval of this application is proper planning for the City. COUNCIL MINUTES JULY 2,2003 -292- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 14. That the portion of Shirley Avenue extending from the westerly boundary of Bingeman's Conference and Recreation Facility to Victoria Street North at Lackner Boulevard, be renamed as Bingemans Centre Drive; and That the portion of Shirley Avenue extending easterly from the proposed Bingemans Centre Drive to Victoria Street North, be renamed Shirley Drive; and That once the new Highway 7 is completed, the portion of Shirley Avenue extending westerly from the proposed Bingemans Centre Drive to the new Highway 7 (comprising of the properties numbered 101-360 Shirley Avenue), be renamed Bingemans Centre Drive; and further, That the property owners and tenants of 1 - 360 Shirley Avenue be notified of possible future street name changes once the new Highway 7 is completed. (As Amended) 15. That Zone Change Application ZC 02/42/B/CB (35 Belmont Avenue Wet - Multiple Sclerosis Society), to change the zoning on the subject lands, legally described as Lot 402, 403 and 404, Registered Plan 230 and Lot 19, Municipal Compiled Plan 786, for the City of Kitchener, from Residential Four Zone (R-4) to Residential Four Zone (R-4) with Special Use Provision 329U, be approved, in the form shown in the "Proposed By-law", dated May 14, 2003 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. (Dealt with under Delegations and Carried) 16. That Zone Change Application ZC 03/03/F/SL (Fairway Road South [Motz Park] - City Initiated), to change the zoning on the subject property, legally described as Plan 961 Part Lot 10, Plan 962 Part Lot 4, and Plan 1524 Part Lot 3 and municipally known as Motz Park, from Public Park (P-l) Zone to Commercial Campus (C-8) Zone be approved in the form shown in the "Proposed By-law" dated May 9, 2003. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. 17. That Zone Change Application ZC 03/09/TC/BS (City Wide - City Initiated) for the purpose of amending the Service Commercial Zone (C-6) to Arterial Commercial Zone (C-6) in Zoning By- ,, th law 85-1, be approved in the form shown in the Proposed By-law, dated May 30 , 2003 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. 18. That consideration of the staff recommendation in Development and Technical Services Department report DTS-03-090 respecting Municipal Plan Amendment Application MP 03/1/TC/LM (City Initiated Housekeeping Amendments), be deferred and referred to the August 11, 2003 Development and Technical Services Committee meeting to allow staff to notify affected property owners and to undertake appropriate circulation to neighbouring property owners. 19. That Council support the general principles outlined in the Mixed Use Corridor Urban Design Briefs attached to Development and Technical Services Department report DTS-03-118; and further, That staff be directed to undertake a final public consultation process prior to their adoption and ultimate inclusion in the City's Urban Design Manual. 20. That re-naming of a portion of Park Street (from Devon Street to David Street) within Victoria Park to 'Jubilee Drive' utilizing Option #1 including decorative street signage as outlined in COUNCIL MINUTES JULY 2, 2003 - 293 - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 20. (Cont'd) 21. CITY OF KITCHENER Development and Technical Services Department report DTS-03-121, be supported in commemoration of the Queen's Golden Jubilee; and further, That staff be directed to bring a draft by-law to a future meeting of the Development and Technical Services Committee and to ensure appropriate notice is given according to the Municipal Act to allow an opportunity for public comment. That Kitchener City Council request the Government of Canada to consider and adopt the recommendations contained in the National Roundtable on the Environment and the Economy's document "Cleaning up the Past, Building the Future - A National Brownfields Redevelopment Strategy for Canada. "; and further, That this Resolution be forwarded to the Prime Minister, Rt. Honourable Jean Chretien; Honourable John Manley, Minister of Finance; Honourable David Anderson, Minister of the Environment; all local MP's, MPP's, the Region of Waterloo; and all Area Municipalities in the Region of Waterloo. COMMUNITY SERVICES COMMITTEE - That the Community Services Committee recommendation with respect to McLennan Park, as outlined in Community Services Department report CSD-03-095, be referred to the September 15, 2005 Council meetinq for consideration, to allow all interested parties to be in attendance and full debate of the issues to take place. That a one-time general provision grant in the amount of $500. (cash) be approved to fund a press release reception for the Kitchener Artists' Studio Tour to be held in October 2003. That a grant request in the amount of $935. not be approved to the K-W Dutch Club towards a St. Nicholas Day event to be held on December 6, 2003. That an in-kind facility grant in the amount of $278.29 be approved to the Take Back the Night Committee for their annual event/march to be held on September 18, 2003 at Victoria Park Pavilion. That a one time general provision grant in the amount of $9,500. ($4,775. cash; $4,725. in-kind) be approved to Conflict Resolution Network Canada to assist with expenses related to promotion and advertising for a Peace Fest concert and facility rental costs to host their national conference in June 2004, conditional upon the event being held in Kitchener. (Dealt with under Delegations and Carried Unanimously, as Amended) That a cash grant in the amount of $6,000. be approved to the Kitchener-Waterloo Art Gallery for the redevelopment of the Gallery's internal database system; and further, That the Kitchener-Waterloo Art Gallery be directed to apply for any additional general provision grants to support the strategic initiatives of the KVV/AG Strategic Rejuvenation and Implementation Plan (2003-05) during the annual operating grant process. That the Victoria Park Strategic Plan and the Draft Capital Forecast, attached to Community Services Department report CSD-03-094, be received as information; and further, That staff of the Community Services Department be directed to prepare a detailed Capital Forecast for the implementation of the Victoria Park Strategic Plan for consideration by City Council as part of the 2004 capital budget deliberations. COUNCIL MINUTES JULY 2, 2003 - 294 - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 8. 10. 11. 12. 13. 14. CITY OF KITCHENER That the lease, as attached to Community Services Department report CSD-03-106, be approved as a pre-approved contract to be used with full-time Market Shop vendors at Your Kitchener Market; and, That subject to the satisfaction of the City Solicitor, the Market Supervisor and the Director, Enterprise Division be authorized to negotiate the terms of the lease on behalf of the Corporation of the City of Kitchener; and further, That subject to the satisfaction of the City Solicitor, the Market Supervisor and the Director, Enterprise Division be authorized to sign a lease agreement on behalf of the Corporation of the City of Kitchener, with full-time market vendors in Your Kitchener Market. That Community Services Department report CSD-03-108 (Kitchener Memorial Auditorium Complex Food and Beverage), be referred to the Director of Purchasing for development of a final recommendation to Council on July 2, 2003. That pursuant to Council Policy 1-650 (Financial - % For Art), the development and implementation of four Public Art Competitions be endorsed, as outlined in Community Services Department report CSD-03-087, to be implemented by the Arts and Culture Co-Ordinator in conjunction with expertise from the Public Art Working Group, as reporting to the Arts and Culture Advisory Committee. That the City of Kitchener agrees to formally accept the valuable donation of the Steam Engine and Generator from the old Kaufman Industries Building on King Street West, as donated by present site owner Mitch Fasken. That the V.I.P. (Very Important Person) Card System, as outlined in Community Services Department report CSD-03-099, be adopted as a replacement to the current Tri-Centre Senior Membership System. That the City of Kitchener supports the artpiece, 'The Bylaw', by Robert Sprachman for the duration of the 'cafka' (contemporary art forum Kitchener Artworks!) Exhibition, September 20- 29, 2003; and further, That an area of Civic Square be temporarily delineated as the artpiece, 'The Bylaw', and the public be encouraged not to access the delineated area. That necessary repairs to the artwork 'The Necklace', located in City Hall and commissioned by past Artist-in-Residence Carol Bradley, be endorsed, as requested by the Arts and Culture Advisory Committee and the Public Art Working Group; and further, That the installation of UV protection in the Caucus Room, City Hall and in the window of the Daan Pioneer Library (subject to approval by the Daan Pioneer Library and Kitchener Public Library Board), be endorsed, to enable public exhibition that does not further jeopardize artwork. 15. That Clause 2 (e) of Council Policy 1-815 (Financial - Trust Fund - City Hall Public Arts and Acquisitions) be repealed and replaced with the following: '2. (e) i) Funds in excess of $500. from the Trust Fund will be expended on projects only as directed by an approved resolution of City Council. ii) Funds under $500. from the Trust Fund will be expended on projects as directed by the Arts and Culture Advisory Committee.' 16. That pursuant to Council Policy 1-400 (Facility - Community Gardens), a one-time contribution in the amount of $980. be approved to the Pearwood Court Garden Group for the start-up of the Pearwood Court Community Garden, which includes: a) Services in-kind: transport topsoil, woodchips & sod stripping $480. b) Cash grant $500.; and further, COUNCIL MINUTES JULY 2, 2003 - 295 - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 16. (Cont'd) 17. CITY OF KITCHENER That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to sign any and all necessary agreements with the Pearwood Court Garden Group to allow the Pearwood Court Community Garden to be located on public lands known as the Pearwood Court Cul-de-sac bulb. That the City of Kitchener endorse the formation of a Bid Committee to pursue the 2006 International Softball Congress (ISC) World Fastball Championship, as outlined in Community Services Department report CSD-03-107. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the 2002 Annual Financial Report attached to Financial Services Department Report, FIN- 03-028, be received for information. That the request of John Cocking, Instant Replay Flyball Team, for an exemption from the Pit Bull provisions of Municipal Code Chapter 530 (Dogs) to allow Pit Bulls to compete in the Flyball Tournament in Marshall Hall at Bingeman Park, on July 19 and 20, 2003, be approved, subject to the following conditions: a) the operators of the Tournament shall provide the Kitchener-Waterloo and North Waterloo Humane Society, in advance, with a list of those individuals bringing and handling Pit Bulls; and, b) all Pit Bulls shall be muzzled and kept on a short leash while outside the Marshall Hall premises at Bingeman Park. That exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Kitchener Youth Action Council for their Unity Jam event on July 1,2003, between the hours of 6:00 P.M. and 11:00 P.M. (Recommendation Redundant - Dealt with at Special Council meeting of June 23, 2003) That the Central Frederick Neighbourhood Association be approved to sell food in Weber Park, 380 Frederick Street, during the annual Summer Festival on September 7, 2003, provided the necessary licence, including Health and Fire approval, is obtained; and further, That the Central Frederick Neighbourhood Association Summer Festival on September 7, 2003 be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with the event. That the request of the Kitchener Downtown Business Association (KDBA) to invite 6 food vendors to sell in Victoria Park and on King Street during Cruise Night on July 4, 2003, be approved, provided the necessary licence is obtained, including Health and Fire approval. That Council take no action to oppose the application for an outdoor liquor licence for Harry's Grill, applied for by Janet Teern, to be located at the back of 200 King Street East, Kitchener, provided that the applicant agrees to the following agreement: The Applicant agrees to voluntarily request the following conditions be added to the liquor licence of the back patio and failing such agreement in writing, the City of Kitchener objects to the issuance of this liquor licence application. In the event that the Alcohol and Gaming Commission of Ontario (AGC©), in its discretion, does not add the following conditions to the licence for the back patio, the Applicant agrees to have those conditions added to and form part of the "private agreement conditions" and understands that the City's non-objection to the COUNCIL MINUTES JULY 2, 2003 - 296 - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 6. CITY OF KITCHENER (Cont'd) issuance of the licence for the back patio is based on that agreement and continued compliance with it. The Applicant agrees: 1. To post in a conspicuous place, and abide by, the Downtown Licensed Establishments Code of Conduct. 2. To become a member of the Kitchener Downtown Business Association's License & Entertainment Committee and attend its meetings. 3. To abide to a set 45% monthly ratio of alcohol sales to gross refreshment sales (including, food and other sundries) as set out in her application (in other words, alcohol sales will be limited to 45% of gross refreshment sales). 4. To notify the Clerk of the City of Kitchener in writing of any applications to change the licence at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the licensed establishment, including the outdoor patio, without the consent of the City's Council. 5. To comply with the Noise By-law and the Smoking By-law. 6. To ensure that customers of Harry's Grill not park their vehicles at any of the neighbouring private parking lots. 7. Not to play any music, live or pre-recorded, on the patio after 11:00 p.m. 8. Not to create any garage-door-like wide opening on either the front or the back of the property. 9. To ensure that its patio operation complies with all federal, provincial and municipal laws including the Ontario Health Protection and Promotion Act and the Liquor Licence Act. 10. To ensure that at all times the patio furnishings are situated in a way that does not impede the ingress and egress to the premises or obstruct the access to fire department siamese connections. 11. To equip the patio with a refuse container, clearly visible to the customer. 12. To keep the patio and the area around the patio free from refuse and shall pick up immediately any refuse/litter originating from the patio in the area adjacent to the patio to prevent it from blowing around to neighbouring areas. 13. To clean up immediately any spills originating from the operation of the patio in the patio area and in the area adjacent to the patio to prevent spills from being tracked to neighbouring areas/businesses. 14. To remove any stains in the patio area and in the area adjacent to the patio. 15. To maintain the fencing to be between 42" and 48" in height; to keep the fencing in good repair; and not to construct any chain link fencing. 16. To display an incidental sign within the patio area stating 'No shirt, no shoes, no service. 17. To impose a dress code standard on its premises and extend the same to the patio operation, specifically requiring all patrons to wear shirts. The applicant shall be responsible for enforcing said requirement. COUNCIL MINUTES JULY 2, 2003 - 297 - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 6. (Cont'd) 15. 19. 20. 21. 22. 23. 24. 7. 10. CITY OF KITCHENER To provide outdoor supervision of the patio to ensure that the behavior of their patrons is not unreasonable and the applicant shall not permit customers on their patio to yell, shout, whistle or harass passersby in any way. To ensure that the occupancy of the patio does not exceed 25. Not to allow people to loiter/congregate within and around the perimeter of the patio. To ensure that all beverages to be consumed in the patio area are served in plastic or acrylic glasses. To ensure that no animals, in particular dogs, are permitted in the patio area or leashed to the patio fence. The applicant shall not encourage patrons to leash their animals to street furniture or provide water bowls for the animals. To install the '¥Vhat do you think about my patio?" sign on the longest street side of the patio fencing immediately upon installing the fencing and executing this agreement. And further, the applicant agrees to display said sign on the street side of the patio for the term of this agreement. In the event there is a problem relating to the installation of the sign, the applicant shall immediately bring said problem to the attention of the City's Manager of Licensing so the problem can be resolved. These conditions shall bind all successors, assigns and subsequent licence holders (if any). That the public notification process, as outlined in Corporate Services Department Report CRPS- 03-096, be amended by including occupant/tenants in addition to the owners, as recipients of the notice related to the renewal of lodging house licences, and; That staff implement the process, as amended in Report CRPS-03-096, to allow for public notification and comments relating to the renewal of lodging house licences, beginning in the 2004 licence renewal year; and further, That Legislated Services investigate the feasibility of establishing a Licensing Review Committee and report back to a future meeting of the Finance and Corporate Services Committee. That any action on the implementation of the Ontario Energy Board approved rates for Southwestern Ontario slated for effect July 1, 2003 be deferred until April 1, 2004 or beyond; and further, That staff be directed to review the supply and transportation components of the rates by September 15, 2003 with the intent of keeping rates constant until April 1,2004. That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to sign an agreement with Hannah and Glen Santos providing for a three year License Agreement to allow a restaurant use to operate year round within the 'Boathouse' in Victoria Park; a food and beverage concession at the Boathouse; a snack concession in the summer kitchen; and two portable ice cream stands in Victoria Park to operate during the summer months; as set out in Strategic Services Department report SSD-03-022. That Chief Administrator's Office report CAO-03-004 (Performance Management: Pilot Study Report), be deferred and referred to the August 25, 2003 Council meeting. (As Amended) COUNCIL MINUTES JULY 2, 2003 - 298 - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 11. 12. CITY OF KITCHENER That the Development concepts contained in Downtown Development Report DD-03-002, (Centre Block Area Land Use Strategy) be supported in principle; and further, That report DD-03-002, be received for information. That a Request for Proposal (RFP) be issued for auditing services, the term of the contract to be determined by staff based on whether there is a benefit to align the City's contract with Kitchener-Wilmot Hydro's contract for auditing services; and That the following individuals be appointed as members of the Audit Services Evaluation Committee: the Mayor, the Chair of the Finance & Corporate Services Committee, the Chief Administrative Officer, the General Manager of Financial Services & City Treasurer, the Director of Budgets & Financial Services and the Manager of Budgets & Financial Services; and further, That the report of the Audit Services Evaluation Committee be presented to Council after December 1,2003. HERITAGE KITCHENER - 1. (As Amended) That Heritage Permit Application 2003-1V-16 (72 Victoria Street South) be approved, pursuant to Sections 30 and 33 of the Ontario Heritage Act, to permit the installation of roof top communication equipment, shown as Alternative 1 on the plans submitted June 10, 2003; subject to the following conditions: (a) That staff evaluate this proposal in light of the City's new communications tower policy; and, (b) That the conduit and vertical flashing be located on the southerly side of the rear stairwell, away from Joseph Street.