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Dev & Tech Svcs - 2003-06-23
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 CITY OF KITCHENER The Development and Technical Services Committee met this date commencing at 7:00 p.m. under Councillor C. Weylie, Chair, with the following members present: Mayor C. Zehr and Councillors B. Vrbanovic, M. Galloway, J. Gazzola and J. Smola. Officials Present: Ms. F. McCrea, Ms. D. Ross and Messrs. G. Stewart, J. Willmer, G. Borovilos, R. Shamess, K. Carmichael, S. Turner and L.W. Neil. Mayor C. Zehr advised that he wished to make an announcement correcting and pointing out that June 25th was the correct date pertaining to information previously sent out with respect to the Regional Growth Management Strategy. 1. CRPS-03-123 QUEEN STREET SOUTH CITY OWNED LAND ADJACENT TO JOSEPH SCHNEIDER HAUS RE: JOSEPH SCHNEIDER HAUS NATIONAL HISTORIC SITE DESIGNATION WEST - VICTORIA PARK WARD The Committee was in receipt of Corporate Services Department report CRPS-03-123, dated May 16, 2003, dealing with City-owned lands abutting the Joseph Schneider Haus property. Ms. Susan Burke was in attendance in support of the request of the Joseph Schneider Haus. On motion by Councillor B. Vrbanovic - it was resolved: "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." DTS-03-109 - FRANKLIN STREET TRAFFIC CONTROL MEASURES CHICOPEE - GRAND RIVER WARD AND FAIRVIEW - GATEWAY WARD The Committee considered Development and Technical Services Department report DTS-03- 109, dated June 4, 2003, dealing with traffic control measures on Franklin Street. On motion by Councillor B. Vrbanovic - it was resolved: "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." DTS-03-110 - KITCHENER MEMORIAL AUDITORIUM COMPLEX ON-STREET PARKING - NEIGHBOURHOOD ROADS BRIDGEPORT - CENTRE WARD The Committee was in receipt of Development and Technical Services Department report DTS-03-110, dated June 4, 2003, pertaining to on-street parking on neighbourhood streets in the area of the Kitchener Memorial Auditorium Complex. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 -79 - CITY OF KITCHENER 3. DTS-03-110 - KITCHENER MEMORIAL AUDITORIUM COMPLEX ON-STREET PARKING - NEIGHBOURHOOD ROADS BRIDGEPORT - CENTRE WARD (CONT'D) Councillor J. Smola commented that there was still a problem with snow ploughing on the streets referred to in the staff report and asked that staff make it a priority to fully clear these streets immediately before events take place at the Auditorium during the winter such as Friday evening games of the Kitchener Rangers. On motion by Councillor J. Smola - it was resolved: "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" DTS-03-112 - RITTENHOUSE ROAD BICYCLE LANES AND PARKING PROHIBITIONS SOUTH WARD The Committee was in receipt of Development and Technical Services Department report DTS- 03-112, dated June 6, 2003, dealing with the matter of bicycle lanes and certain parking prohibitions on Rittenhouse Road. On motion by Councillor B. Vrbanovic - it was resolved: "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." SSD-03-020 - TRILLIUM DRIVE, SITE 137 AND PART SITE 136 - HURON BUSINESS PARK REQUEST FOR EXTENSION OF TIME LIMIT TO COMMENCE CONSTRUCTION BERKSHIRE BUILDING CORPORATION SOUTH WARD The Committee was in receipt of Strategic Services Department report SSD-03-020, dated June 2, 2003, dealing with a request that has been received from Berkshire Building Corporation to extend the deadline to commence construction of a building in the Huron Business Park. On motion by Councillor B. Vrbanovic - it was resolved: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 80 - CITY OF KITCHENER 5. SSD-03-020 - TRILLIUM DRIVE, SITE 137 AND PART SITE 136 - HURON BUSINESS PARK REQUEST FOR EXTENSION OF TIME LIMIT TO COMMENCE CONSTRUCTION BERKSHIRE BUILDING CORPORATION SOUTH WARD (CONT'D) "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." DTS-03-125 - MARTIN STREET CURBING AND BOULEVARD IMPROVMENTS WEST - VICTORIA PARK WARD Mr. S. Turner, Director of Enforcement, advised that a report dealing with reconstruction of Martin Street and the Martin Street access of 63 Courtland Avenue had not been completed but would be available for Council's July 2, 2003 meeting. Mr. Bernie Root representing Martin Street residents was in attendance and indicated that he was aware of the ongoing considerations with respect to this matter. DTS-03-088 - 200-230 WOOLNER DRIVE ZONE CHANGE APPLICATION ZC 03/08/W/TMW 509132 ONTARIO LIMITED (PETER SCHMIDHUBER) CHICOPEE - GRAND RIVER WARD The Committee was advised that an application has been received from 509132 Ontario Limited (Peter Schmidhuber) to change the zoning of lands known municipally as 200-230 Woolner Drive. The purpose of the application is to re-zone the westerly portion of the subject property from Agricultural Zone to Existing Use Zone with special regulations. The subject property is proposed to be severed into two parcels. The zone change will recognize the use of the proposed retained parcel of land which is located within the flood plain of Idlewood Creek for two existing detached dwellings. The special regulation provision will recognize the lot width of the retained parcel of land that will result upon the approval and finalization of the severance application. The proposed severed parcel of land will continue to be zoned Agricultural Zone and any future zoning of these lands will be considered in conjunction with a future draft plan of subdivision application for these lands. In this regard, the Committee considered Development and Technical Services Department report DTS-03-088, dated May 28, 2003, and a proposed by-law dated May 16, 2003, attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. J. Willmer, Director of Planning, briefly summarized the purpose of the application and advised that staff had nothing further to add. Mr. P. Britton, MacNaughton Hermsen Britton Clarkson, attended to indicate support of his clients for the recommendation in the staff report. No other delegations were registered respecting this matter. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 -81 - CITY OF KITCHENER 7. DTS-03-088 - 200-230 WOOLNER DRIVE ZONE CHANGE APPLICATION ZC 03/08/W/TMW 509132 ONTARIO LIMITED (PETER SCHMIDHUBER) CHICOPEE - GRAND RIVER WARD (CONT'D) On motion by Councillor B. Vrbanovic - it was resolved: "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. 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." DTS-03-092 - LAND ADJACENT TO 220 VILLAGE ROAD - PART OF FOREST HILL PARK ZONE CHANGE APPLICATION ZC 03110NIBS CITY INITIATED FOREST - ROCKWAY WARD The Committee considered a City-initiated zone change application pertaining to lands on the south side of Village Road west of Westmount Road and adjacent to 220 Village Road. It is proposed to re-zone a parcel of land with 6.1m of frontage on Village Road and depth of approximately 40m from Public Park Zone to Neighbourhood Institutional Zone for the purpose of permitting development of the subject parcel of land within a Plan of Vacant Land Condominium with lands to the immediate east. The subject land would be a portion of a lot proposed to be used for a duplex dwelling within the condominium. In this regard, the Committee considered Development and Technical Services Department report DTS-03-092, dated May 30, 2003, and a proposed by-law dated June 2, 2003 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to considered this matter had previously been given. Mr. J. Willmer, Director of Planning, summarized the purpose of the application and advised that staff had nothing further to add. The Committee was in receipt of correspondence dated June 20, 2003 from Mr. C. Pidgeon, Green Scheels Pidgeon Planning Consultants, advising that Mr. Martin Buhr, President of MennoHomes Inc., was in support of the application but unable to attend the meeting due to a conflicting meeting. No delegations were registered respecting this matter. On motion by Mayor C. Zehr - it was resolved: "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." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 9. DTS-03-084 - - 82 - CITY OF KITCHENER HURON ROAD / FISCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 01/01/H/GR MUNICIPAL PLAN AMENDMENT APPLICATION MP 01/02/H/GR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD The Committee was advised that Activa Holdings Inc. has submitted applications for Plan of Subdivision, Municipal Plan Amendment and Zone Change with respect to lands approximating 92 hectares in size, located on the north side of Huron Road between Fischer-Hallman Road and Strasburg Creek within the Huron Community. In conjunction with these applications, a revision to the Huron Community Plan is also required. The proposed Plan of Subdivision and Zone Change would permit a mixture of single detached, duplex, semi-detached, street townhouse and multiple dwellings ranging from approximately 936 to 1,760 units as well as provide for open space, park, school and business park uses. In this regard, the Committee considered Development and Technical Services Department report DTS-03-084, dated June 10, 2003, and a proposed by-law dated June 6, 2003 attached to the report. Also attached to the report was the Official Plan Amendment document entitled 'Activa Holdings Inc. - Fischer- Hallman Road at Huron Road'. It was pointed out that notice that the Committee would hold a public meeting this date to considered this matter had previously been given. Councillor C. Weylie, Chair, read the following statement: This is a Public Meeting under 'The Planning Act, 1996' to consider Municipal Plan Amendment Application Application MP O1/02/H/GR Section 17 (45) of the Planning Act allows the Ontario Municipal Board to dismiss all or part of an appeal without holding a hearing if the appellant did not make oral submissions at a public meeting or did not make written submissions to the council before the plan was adopted and, in the opinion of the Board, the appellant does not provide a reasonable explanation for having failed to make a submission. In order to ensure the record includes all the names of those individuals who are making verbal submissions today for this Municipal Plan Amendment, please ensure that you clearly identify yourself before you begin your submissions and the Clerk will record your name for the record. If your name does not appear on the record, you may jeopardize any further involvement you wish to have in these matters. Any recommendation made by the Development & Technical Services Committee on these matters today will be considered by City Council on July 2, 2003. If City Council adopts the amendments, they will proceed to the Regional Municipality of Waterloo who has the final approval authority for Municipal Plan Amendments. They are also the body to whom appeals are sent. Further information on these procedures is available from the City's Development and Technical Services Department or the Region's Department of Planning and Culture. The Committee was advised that both Mayor C. Zehr and Councillor M. Galloway would be making a statement. Mayor C. Zehr then read the following statement. "It is inappropriate for me to participate in any discussions pertaining to the proposed subdivision development on lands adjacent to the Huron Natural Area as a member of both Kitchener City Council, which has been delegated the Ministerial Authority of approving all Plans of Subdivision in the City of Kitchener and the Huron Natural Area Board. The interests of these two bodies may not be the same. To date, I have not participated in any discussions pertaining to the proposed subdivision in my role as a member of Kitchener City Council and I shall continue to refrain from doing so. Instead, my participation shall be restricted to that as a member of the Huron Natural Area Board." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 83 - CITY OF KITCHENER 9. DTS-03-084 - HURON ROAD / FISCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 01/01/H/GR MUNICIPAL PLAN AMENDMENT APPLICATION MP 01/02/H/GR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (CONT'D) Councillor M. Galloway also presented a statement advising that, "To date, I have not participated in any discussions pertaining to the proposed subdivision in my role as a member of the Huron Natural Area Board and I shall continue to refrain from doing so. Instead, my participation shall be restricted to that as a member of City Council in its delegated Ministerial role." It was clarified that three members of Council sit on both the Huron Natural Area Board and City Council and that by prior arrangement, it had been earlier decided that only Councillor M. Galloway would participate at the Council level on this matter. Ms. D. Ross provided an explanation of the proposed applications and advised that a memorandum dated June 23, 2003 had been circulated this date requesting several revisions considered to be minor in nature to the Subdivision Plan. As outlined in her memorandum these revisions relate to Condition 1.27b), Condition 6.16 and Condition 17. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, attended on behalf of the applicant in support of the recommendations contained in the staff report and the minor revisions requested this date in the memorandum of Ms. D. Ross. A submission was circulated and a Powerpoint presentation was made illustrating the evolution of the Subdivision Plan and reference was made to studies leading to the establishment of a development limit line. Further, he commented that intense focus was placed on the natural features of the area in the subdivision design which provided for substantial development setbacks from environmental features. He commented on the mix of unit types and design issues which would be incorporated and noted that conveyance of approximately 21% of the land area would be made to the municipality. Further, he pointed out that residential units would be made up of approximately 45% small single detached, 10% large single detached and 45% townhouses. Mr. Britton also made reference to some 36 acres of land outside of the subdivision that are to be conveyed to the municipality in conjunction with development of this subdivision. He also advised discussions have been held with neighbouring property owners and confirmed his clients willingness to work with Mr. Good respecting his grading issues and confirmed to Mr. Bromberg who was also in attendance that he would ensure that the necessary servicing leading to Mr. Bromberg's lands was accommodated within his client's subdivision. Councillor M. Galloway inquired what discussions have taken place on buffering and landscaping issues with adjacent property owners. Mr. Britton advised that he had met with each abutting neighbour with the exception of the Portuguese Club to address their concerns. In regards to existing neighbourhood water sources being negatively impacted by the development, he advised that both quality and quantity of water has been addressed and confirmed that discussions have taken place regarding an arrangement to provide for hook-up should neighbouring property owners be negatively affected by the development. Mr. Britton commented that because of the direction of water movement in this area, he did not think there would be an impact but confirmed an obligation was provided for in the Development Agreement to provide for water supply. Mr. Ron Bell advised of his concerns given his property at the north end of the development was on a well and septic system and requested assurance that if for some reason he could not stay on his well, he would be hooked up at no cost. Further, he pointed out that Rob Hughes whose property is at the southerly end of the development has the same problem. Mr. P. Britton confirmed his client did not have a problem with the requests of both Mr. Bell and Mr. Hughes respecting this issue. Ms. D. Ross pointed out that the water supply matter being referred to was dealt with on page 10 of the staff report under Clause 6.13 of City of Kitchener Conditions. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 84 - CITY OF KITCHENER 9. DTS-03-084 - HURON ROAD / FISCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 01/01/H/GR MUNICIPAL PLAN AMENDMENT APPLICATION MP 01/02/H/GR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (CONT'D) Mr. J. Willmer responded to Councillor Galloway on buffering and landscaping issues and advised that these were not addressed in the report as they were not matters that staff would normally make recommendations on being the rear lots of the Plan of Subdivision that abut the rear lots of existing properties. He noted that buffering takes place where residential uses abut a non-residential use. No other delegations were registered respecting this matter. The recommendations in the staff report and the revisions requested this date by Ms. D. Ross were then considered. On motion by Councillor M. Galloway - it was resolved: "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. C. 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 211U, 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 1R, 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 -85 - CITY OF KITCHENER "Proposed By-law", dated June 6, DTS-03-084 - HURON ROAD/FISCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 01/01/H/GR MUNICIPAL PLAN AMENDMENT APPLICATION MP 01/02/H/GR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (CONT'D) 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. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.©. 1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-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 Residential (maximum 179 units) Future Development Linear Park Storm Water Management Landscape Buffer Walkway/Service Corridor Service Corridor Walkway Temporary Road/Emergency Access DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 Block 36 9. DTS-03-084 - - 86 - CITY OF KITCHENER Road Widening HURON ROAD / FISCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 01/01/H/GR MUNICIPAL PLAN AMENDMENT APPLICATION MP 01/02/H/GR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (CONT'D) Blocks 37 - 42 Stage 4 Block 1 Stage 5 Blocks 1,2 Block 3 Blocks 4,5 Block 6 Stage 6 Block 1 Stage 7 Blocks 1 - 3 Block 4 Block 5 Block 6 Stage 8 Blocks 1 - 14 Blocks 15, 16 Block 17 Block 18 Blocks 19 - 25 Stage 9 Blocks 1 - 9 Block 10 Block 11 Stage 10 Blocks 1 - 6 Block 7 Stage 11 Block 1 Stage 12 Blocks 1 - 4 Block 5 Block 6 Block 7 Stage 13 Block 1 Stage 14 Blocks 1 - 4 Block 5 0.3m Reserves Elementary School Residential (maximum 14 units) Multiple Residential (50 units) Linear Park 0.3m Reserve Residential (maximum 41 units) Residential (maximum 20 units) Future Development Walkway 0.3m Reserves Residential (maximum 151) Linear Park Storm Water Management Walkway/Service Corridor 0.3m Reserves Residential (maximum 157units) Walkway/Service Corridor Walkway Residential (maximum 80 units) Open Space Multiple Residential (94 units) Residential (maximum 37 units) Future Development Walkway/Service Corridor 0.3m Reserves Business Park Service Centre Residential (maximum 69 units) Walkway/Service Corridor DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 87 - CITY OF KITCHENER 9. DTS-03-084 - HURON ROAD / FISCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 01/01/H/GR MUNICIPAL PLAN AMENDMENT APPLICATION MP 01/02/H/GR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (CONT'D) 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 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 8; 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 -88 - CITY OF KITCHENER and those applicable City Departments or regulatory agencies determined by the DTS-03-084 - HURON ROAD/FlSCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 011011HIGR MUNICIPAL PLAN AMENDMENT APPLICATION MP 011021HIGR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (CONT'D) 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 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 89 - CITY OF KITCHENER 9. DTS-03-084 - HURON ROAD / FISCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 01/01/H/GR MUNICIPAL PLAN AMENDMENT APPLICATION MP 01/02/H/GR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (CONT'D) 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 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 90 - CITY OF KITCHENER 9. DTS-03-084 - HURON ROAD / FISCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 01/01/H/GR MUNICIPAL PLAN AMENDMENT APPLICATION MP 01/02/H/GR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (CONT'D) 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) 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); b) 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; c) 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; d) 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; e) 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; f) 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; g) 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. h) That prior to installation of any traffic signals, the SUBDIVIDER ensure that the Region is advised that ©pticom 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 ©pticom devices; i) That entrances at Seabrook Drive, Woodbine Avenue and Parkvale Drive be DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 -91 - CITY OF KITCHENER 9. DTS-03-084 - HURON ROAD / FISCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 01/01/H/GR MUNICIPAL PLAN AMENDMENT APPLICATION MP 01/02/H/GR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (CONT'D) 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. 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, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 92 - CITY OF KITCHENER 9. DTS-03-084 - HURON ROAD / FISCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 01/01/H/GR MUNICIPAL PLAN AMENDMENT APPLICATION MP 01/02/H/GR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (CONT'D) 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. 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 -93 - CITY OF KITCHENER been given by the CITY's Director of Planning and the CITY's Director of Engineering. DTS-03-084 - HURON ROAD/FlSCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 011011HIGR MUNICIPAL PLAN AMENDMENT APPLICATION MP 011021HIGR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (CONT'D) 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 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 -94- CITY OF KITCHENER Director of Planning and shall obtain approval therefrom. DTS-03-084 - HURON ROAD/FlSCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 011011HIGR MUNICIPAL PLAN AMENDMENT APPLICATION MP 011021HIGR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (CONT'D) 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. 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 (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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 95 - CITY OF KITCHENER 9. DTS-03-084 - HURON ROAD / FISCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 01/01/H/GR MUNICIPAL PLAN AMENDMENT APPLICATION MP 01/02/H/GR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (CONT'D) 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 1 b), 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 96 - CITY OF KITCHENER 9. DTS-03-084 - HURON ROAD / FISCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 01/01/H/GR MUNICIPAL PLAN AMENDMENT APPLICATION MP 01/02/H/GR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (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 1 a), Blocks 30, 31 (Stage 3) Block 6 (Stage 15) prior to registration of Stage 1 a 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 97 - CITY OF KITCHENER 9. DTS-03-084 - HURON ROAD / FISCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 01/01/H/GR MUNICIPAL PLAN AMENDMENT APPLICATION MP 01/02/H/GR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (CONT'D) STAGE 1 b a) Block 7 for park, b) Block 8 for walkway, c) Block 9 for 0.3m reserve. 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, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 -98 - CITY OF KITCHENER b) Block 7 for 0.3m reserve. DTS-03-084 - HURON ROAD/FISCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 01/01/H/GR MUNICIPAL PLAN AMENDMENT APPLICATION MP 01/02/H/GR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (CONT'D) 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, 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 99 - CITY OF KITCHENER 9. DTS-03-084 - HURON ROAD / FISCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 01/01/H/GR MUNICIPAL PLAN AMENDMENT APPLICATION MP 01/02/H/GR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (CONT'D) 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. 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 100 - CITY OF KITCHENER traffic impact analysis is required to determine the need for and timing of additional DTS-03-084 - HURON ROAD/FlSCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 011011HIGR MUNICIPAL PLAN AMENDMENT APPLICATION MP 011021HIGR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (CONT'D) 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. 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 101 - CITY OF KITCHENER 9. DTS-03-084 - HURON ROAD / FISCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 01/01/H/GR MUNICIPAL PLAN AMENDMENT APPLICATION MP 01/02/H/GR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (CONT'D) 17. That the owner enter into an agreement with the City of Kitchener for Stage la (Blocks 19,20, 21 and 22), Stage 1 b (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 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 102 - CITY OF KITCHENER 9. DTS-03-084 - HURON ROAD / FISCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 01/01/H/GR MUNICIPAL PLAN AMENDMENT APPLICATION MP 01/02/H/GR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (CONT'D) 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. 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 103 - CITY OF KITCHENER 9. DTS-03-084 - HURON ROAD / FISCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 01/01/H/GR MUNICIPAL PLAN AMENDMENT APPLICATION MP 01/02/H/GR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (CONT'D) 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. Registry Act 2. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. Updated Information 3. 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 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 $50.00 respectively. Fees 5. 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, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 104 - CITY OF KITCHENER 9. DTS-03-084 - HURON ROAD / FISCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 01/01/H/GR MUNICIPAL PLAN AMENDMENT APPLICATION MP 01/02/H/GR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (CONT'D) recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. Hydro Transmission Lines 6. 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 7. 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 8. 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 9. 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. Planning Act Applicability 10. 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 11. 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 105 - CITY OF KITCHENER 9. DTS-03-084 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, -HURON ROAD / FlSCHER-HALLMAN ROAD ZONE CHANGE APPLICATION ZC 011011HIGR MUNICIPAL PLAN AMENDMENT APPLICATION MP 011021HIGR REVISION TO HURON COMMUNITY PLAN PLAN OF SUBDIVISION APPLICATION 30T-01201 ACTIVA HOLDINGS INC. SOUTH WARD (CONT'D) 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 12. 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 13. 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." Mayor C. Zehr abstained from discussion and voting in accordance with the content of his statement in these minutes. 10. DTS-03-086 - LIMITED 3063 KINGSWAY DRIVE ZONE CHANGE APPLICATION ZC 021321KISL 1042129 ONTARIO LIMITED FOR GREENWOOD FAIRVIEW - GATEWAY WARD PARTNERSHIP The Committee was advised that an application has been received from 1042129 Ontario Limited for the Greenwood Partnership Limited respecting lands known municipally as 3063 Kingsway Drive. The purpose of the application is to re-zone the subject lands from Residential Six Zone to Residential Nine Zone. The zone change will legalize an existing multiple dwelling DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 106 - CITY OF KITCHENER 10. and allow an additional multiple dwelling to be constructed on the subject property which is located on the north-west side of Kingsway Drive across the street from the Fairview Park Mall between Wilson Avenue and Greenfield Drive. Currently a nine-storey, 100 -unit multiple dwelling exists on the property and the owner proposes to construct an additional multiple DTS-03-086 - 3063 KINGSWAY DRIVE ZONE CHANGE APPLICATION ZC 021321KISL 1042129 ONTARIO LIMITED FOR GREENWOOD PARTNERSHIP LIMITED FAIRVIEW - GATEWAY WARD (CONT'D) dwelling at the rear of the subject property. In this regard, the Committee considered Development and Technical Services Department report DTS-03-086, dated May 14, 2003, and a proposed by-law dated May 8, 2003 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to considered this matter had previously been given. Mr. J. Willmer, Director of Planning, provided an explanation of the purpose of the application. Messrs. Scott Patterson, Planning and Engineering Initiatives Limited, and Geoff Aston, Traffic Consultant, were in attendance on behalf of the applicant and indicated support of the recommendation contained in the staff report. No other delegations were registered respecting this matter. Mr. J. Willmer advised that the report was mailed to area residents and no responses had been received. On motion by Councillor J. Gazzola - it was resolved: "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, 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." 11. DTS-03-113 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVSlON 30T-97012 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD The Committee was in receipt of Development and Technical Services Department report DTS- 03-113, dated June 16, 2003, dealing with proposed modifications to Draft Approved Plan of Subdivision 30T-97012 of Hallman Brierdale Limited. The subject property comprises 31.613 hectares in area located on the north and south side of Zeller Drive to the east of Lackner Woods Elementary School in the Grand River South Community. The purpose of the proposed modifications to the draft approval is to add warning clauses with respect to new airport lighting which is to be installed on the west side of the Grand River in the City of Kitchener, to include a condition to require water pressure reduction devices, to add street names to the draft Plan, to reflect that the City of Kitchener has the ability to grant final approval once the conditions of draft approval are satisfied and to amend the names of departments and titles of persons which have changed since the draft plan was originally approved in March, 2000. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 107 - CITY OF KITCHENER Mr. J. Willmer, Director of Planning, explained the purpose of the report. Mr. P. Britton, MacNaughton Hermsen Britton Clarkson, was in attendance in support of the staff report. 11. DTS-03-113 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVSlON 30T-97012 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'T) No other delegations were registered. On motion by Councillor B. Vrbanovic - it was resolved: "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-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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 108 - CITY OF KITCHENER 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: 11. DTS-03-113 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVSlON 30T-97012 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) '51. *52. *53. 54. *55. 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. To prepare a Lot Grading Control Plan to the satisfaction of the City's Director of Enginee#ng 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. To prepare a detailed engineenng 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 Enginee#ng 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. 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. 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 Enginee#ng 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 109 - CITY OF KITCHENER 11. 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 DTS-03-113 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVSlON 30T-97012 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) andDevelopment; d) e) 56. *57. *58. *59. Vegetation Plan as determined by the City's Manager of Design 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 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. 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. 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 Enginee#ng 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 Enginee#ng, in which case no occupancy of any dwelling shall be permitted prior to acceptance of said works. 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 Enginee#ng. That the sanitary pumping station, forcemain and related appurtenances, and bike lanes, shall be completed to the satisfaction of the City's Director of Enginee#ng, 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 110 - CITY OF KITCHENER 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. 11. 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 DTS-03-113 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVSlON 30T-97012 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) *60. '61. *62. *63. 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. That the street names within the Plan of Subdivision shall be those as shown on the draft plan. 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. 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. 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: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 -111 - CITY OF KITCHENER 11. 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 Engineering and the Regional Commissioner of Transportation and Environmental Services; DTS-03-113 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVSlON 30T-97012 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) 65. 66. *67. 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. 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. To install sidewalks on both sides of all streets within the plan. 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 D#ve) 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 Enginee#ng as part of the development of the DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 112 - CITY OF KITCHENER plan. 11. *68. To restore with a tar and chip surface, any portion of Zeller Drive (proposed Old Zeller 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 Enginee#ng as part of the development of the plan. DTS-03-113 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVSlON 30T-97012 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) *69. *70. 71. 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 Enginee#ng as part of the development of the plan. 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 all 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 Watedoo Regional Airport and that directional lighting along this flight path may cause concern to some individuals." 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." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 113 - CITY OF KITCHENER 11. 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 DTS-03-113 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVSlON 30T-97012 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) 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 ("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. 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 Enginee#ng 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 114 - CITY OF KITCHENER 11. concrete sidewalk. It shall be completed to the satisfaction of the City's Director of Enginee#ng and opened to public vehicular traffic prior to occupancy of dwellings 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 Zeller D#ve and Pebblecreek D#ve of Subdivision DTS-03-113 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVSlON 30T-97012 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) 76. 77. *78. 79. 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 Enginee#ng. 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. 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. 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. 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 Enginee#ng. Reserves are not required between abutting stages registered concurrently. 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, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 115 - CITY OF KITCHENER 11. 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 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. DTS-03-113 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVSlON 30T-97012 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) *80. '81. *82. *83. *84. *85. 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 Enginee#ng, 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. 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 Oldfield 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 Enginee#ng and operational prior to occupancy of any dwelling in any stage. 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 Enginee#ng 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. That the servicing design of Stage 4 shall be approved by the City's Director of Enginee#ng 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. 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. 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 116 - CITY OF KITCHENER 11. *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 expense. Said easement is to be registered immediately subsequent to the DTS-03-113 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVSlON 30T-97012 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) 87. *88. *89. *90. '91. 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. 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. 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. 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. 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. 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 117 - CITY OF KITCHENER 11. 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. DTS-03-113 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVSlON 30T-97012 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) *92. *93. *94. *95. *96. *97. 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 Enginee#ng. 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 Enginee#ng. r) 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. That the section of existing Zeller Drive to the east of Old Zeller D#ve and to the south of Old Zeller D#ve shall be renamed Old Zeller D#ve. 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 Enginee#ng as part of the development of this plan. 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. 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. 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. That prior to acceptance by the City's Director of Enginee#ng 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 118 - CITY OF KITCHENER be approved by the City's Director of Operations. 11. plan. DTS-03-113 - 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 PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVSlON 30T-97012 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) "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 concern 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 pdor 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 Ddve (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, p#or 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 119 - CITY OF KITCHENER presence of the water pressure reduction devices and advising that they may not be removed by the owner/tenant. 11. DTS-03-113 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVSlON 30T-97012 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) 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: 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. 2. 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 carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region to the City shall include a bdef 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 carried 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 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 120 - CITY OF KITCHENER 11. *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 DTS-03-113 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVSlON 30T-97012 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) '10. 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. 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). 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 121 - CITY OF KITCHENER 11. '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, DTS-03-113 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVSlON 30T-97012 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) 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 planning for the City." 12. DTS-03-114 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97013 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD The Committee considered Development and Technical Services Department report DTS-03- 114, dated June 16, 2003, dealing with proposed modifications to Draft Approved Plan of Subdivision 30T-97013 of Hallman Brierdale Limited. The subject property which comprises 19.58 hectares in area is located on the east side of Zeller Drive in the Grand River South Community. The purpose of the proposed modifications to the draft approval is to add warning clauses with respect to new airport lighting which is to be installed on the west side of the Grand River in the City of Kitchener, to include a condition to require water pressure reduction devices, to add street names to the draft Plan, to reflect that the City of Kitchener has the ability to grant final approval once the conditions of draft approval are satisfied and to amend the names of departments and titles of persons which have changed since the draft plan was originally approved in March, 2000. Mr. J. Willmer, Director of Planning, explained the purpose of the report and advised that staff had nothing further to add. Mr. P. Britton, MacNaughton Hermsen Britton Clarkson, was in attendance and indicated support of the recommendation in the staff report. No other delegations were registered. On motion by Councillor B. Vrbanovic - it was resolved: "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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 122 - CITY OF KITCHENER 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): 12. DTS-03-114 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97013 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) '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 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 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 Enginee#ng 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 123 - CITY OF KITCHENER 12. '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 Enginee#ng in consultation with the City's General Manger of Community DTS-03-114 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97013 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) 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 Enginee#ng 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 124 - CITY OF KITCHENER 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 12. DTS-03-114 - 56. *57. *58. *59. PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97013 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) 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. 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. 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 Enginee#ng 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 Enginee#ng, in which case no occupancy of any dwelling shall be permitted prior to acceptance of said works. 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 Enginee#ng. That the sanitary pumping station, forcemain and related appurtenances, and bike lanes, shall be completed to the satisfaction of the City's Director of Enginee#ng, 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 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 125 - CITY OF KITCHENER 12. 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. DTS-03-114 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97013 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) 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; 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; DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 126 - CITY OF KITCHENER 12. 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. DTS-03-114 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97013 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) 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 Enginee#ng 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 Enginee#ng 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 Enginee#ng, 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: 1)Approved NEF noise contour and planning contour information. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 127 - CITY OF KITCHENER 2)A warning clause for all lands within the plan to read as follows: 12. DTS-03-114 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97013 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) "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 all 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 Watedoo 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 128 - CITY OF KITCHENER 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. 12. DTS-03-114 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97013 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (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 Enginee#ng 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 Enginee#ng 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 D#ve 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 Enginee#ng, 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 129 - CITY OF KITCHENER improvements to the geometrics in the area of the curve; 12. 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 north, the Subdivider agrees to construct at its cost, a temporary access road, subject to the DTS-03-114 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97013 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) general and special security arrangements with the City's Director of Enginee#ng 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 vehiculartraffic until such time as permanent secondary access Stillwater Street and Sp#ng 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 Enginee#ng. 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 Enginee#ng 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 Enginee#ng 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 Enginee#ng. 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 130 - CITY OF KITCHENER 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. 12. DTS-03-114 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97013 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (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 Two: (a) Block 21, for storm water management / community trail purposes, (b)Block 28-33, for a 0.3 metre reserve. Stage Three: (a)Block 7-9, for 0.3 metre reserves. Stage Four: (a) Block 6, for open space / community trail; (b)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 Enginee#ng. 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 Enginee#ng, 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 131 - CITY OF KITCHENER Enginee#ng and operational prior to occupancy of any dwelling in Stage 2. 12. *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. DTS-03-114 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97013 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) 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. *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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 132 - CITY OF KITCHENER Drive (future Fairway Road) may cause concern to some individuals." 12. 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. DTS-03-114 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97013 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) 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. 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 Enginee#ng 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 Sp#ng 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 Sp#ng 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 Sp#ng Creek Street, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 133 - CITY OF KITCHENER Stage 3 have not been constructed at the time of draft plan approval for said lands to the north. 12. *95. To include the following warning clause in all Offers to Pumhase and Sale Agreements, and/or rental agreements for all residential lots and blocks within this plan. DTS-03-114 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97013 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) "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 concern 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 pdor 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 Ddve (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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 134 - CITY OF KITCHENER presence of the water pressure reduction devices and advising that they may not be removed by the owner/tenant. 12. DTS-03-114 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97013 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) 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: 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. 2. 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 carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region to the City shall include a bdef 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 carried 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 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 135 - CITY OF KITCHENER *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 12. DTS-03-114 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97013 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) 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. 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 136 - CITY OF KITCHENER 12. '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, DTS-03-114 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97013 HALLMAN BRIERDALE LIMITED CHICOPEE - GRAND RIVER WARD (CONT'D) 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 planning for the City." 13. DTS-03-115 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97014 LYNDALE SOUTH (FORMERLY TEAKWELL HOLDINGS LIMITED) CHICOPEE - GRAND RIVER WARD The Committee considered Development and Technical Services Department report DTS-03- 115, dated June 16, 2003, dealing with proposed modifications to Draft Approved Plan of Subdivision 30T-97014 of Lyndale South (formerly Teakwell Holdings Limited). The subject property which comprises 5.199 hectares in area is located on the west side of Zeller Drive between Woolner Drive and the Grand River in the Grand River South Community. The purpose of the proposed modifications to the draft approval is to add warning clauses with respect to new airport lighting which is to be installed on the west side of the Grand River in the City of Kitchener, to include a condition to require water pressure reduction devices, to add street names to the draft Plan, to reflect that the City of Kitchener has the ability to grant final approval once the conditions of draft approval are satisfied and to amend the names of departments and titles of persons which have changed since the draft plan was originally approved in March, 2000. Mr. J. Willmer, Director of Planning, briefly explained the purpose of the report. No delegations were registered respecting this matter. On motion by Councillor B. Vrbanovic - it was resolved: "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): DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 137 - CITY OF KITCHENER 13. '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 DTS-03-115 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97014 LYNDALE SOUTH (FORMERLY TEAKWELL HOLDINGS LIMITED) CHICOPEE - GRAND RIVER WARD (CONT'D) 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 Enginee#ng 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 Enginee#ng 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 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 138 - CITY OF KITCHENER Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site, at the expense of the Subdivider. 13. DTS-03-115 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97014 LYNDALE SOUTH (FORMERLY TEAKWELL HOLDINGS LIMITED) CHICOPEE - GRAND RIVER WARD (CONT'D) *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 Enginee#ng 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. 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 13. DTS-03-115 - *57. *58. - 139 - CITY OF KITCHENER 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. PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97014 LYNDALE SOUTH (FORMERLY TEAKWELL HOLDINGS LIMITED) CHICOPEE - GRAND RIVER WARD (CONT'D) 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 Enginee#ng, 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 Enginee#ng, in which case no occupancy of any dwelling shall be permitted prior to acceptance of said works. 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 Enginee#ng. That the sanitary pumping station, forcemain and related appurtenances shall be completed to the satisfaction of the City's Director of Enginee#ng. 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 *59. 13. DTS-03-115 - - 140 - CITY OF KITCHENER That the street names within the Plan of Subdivision shall be those as shown on the draft plan. *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 PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97014 LYNDALE SOUTH (FORMERLY TEAKWELL HOLDINGS LIMITED) CHICOPEE - GRAND RIVER WARD (CONT'D) 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 Enginee#ng 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: 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 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 & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 13. DTS-03-115 - - 141 - CITY OF KITCHENER development of the block is not compromised, the Subdivider agrees that prior to the issuance of any building permits: c) to submit a draft reference plan for each block, showing all required maintenance easements and eave encroachments if the lots or blocks are PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97014 LYNDALE SOUTH (FORMERLY TEAKWELL HOLDINGS LIMITED) CHICOPEE - GRAND RIVER WARD (CONT'D) 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 d) 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 Enginee#ng 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 Enginee#ng 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 Enginee#ng, 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: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 13. DTS-03-115 - 70. 71. 72. - 142 - CITY OF KITCHENER "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 PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97014 LYNDALE SOUTH (FORMERLY TEAKWELL HOLDINGS LIMITED) CHICOPEE - GRAND RIVER WARD (CONT'D) 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. d) A warning clause for all 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 Watedoo Regional Airport and that directional lighting along this flight path may cause concern to some individuals.' 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." That subdivision agreement section 70. shall not be released from title. 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 143 - CITY OF KITCHENER *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: 13. "Prospective purchasers and tenants are advised that noise emanating from one DTS-03-115 -PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97014 LYNDALE SOUTH (FORMERLY TEAKWELL HOLDINGS LIMITED) CHICOPEE - GRAND RIVER WARD (CONT'D) 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. *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 Enginee#ng. 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) Block 18, for park purposes; b) Blocks 19 and 20 for open space purposes; c)Block 21, for storm water management purposes; and, d)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 Enginee#ng. 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 1 st of the following spring. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 144 - CITY OF KITCHENER 13. '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 DTS-03-115 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97014 LYNDALE SOUTH (FORMERLY TEAKWELL HOLDINGS LIMITED) CHICOPEE - GRAND RIVER WARD (CONT'D) 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 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 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 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 145 - CITY OF KITCHENER Any alternative standards are to be approved by the City's Director of Enginee#ng. 13. *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 DTS-03-115 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97014 LYNDALE SOUTH (FORMERLY TEAKWELL HOLDINGS LIMITED) CHICOPEE - GRAND RIVER WARD (CONT'D) 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 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 Enginee#ng 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 concern to some individuals.' '91. 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 146 - CITY OF KITCHENER 13. 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. DTS-03-115 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97014 LYNDALE SOUTH (FORMERLY TEAKWELL HOLDINGS LIMITED) CHICOPEE - GRAND RIVER WARD (CONT'D) 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 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 147 - CITY OF KITCHENER approved plans and reports noted in a) through c) above. 13. DTS-03-115 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97014 LYNDALE SOUTH (FORMERLY TEAKWELL HOLDINGS LIMITED) CHICOPEE - GRAND RIVER WARD (CONT'D) 5. CLEARANCE CONDITIONS '1. Deleted. That pdor 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 bdef statement detailing how each condition has been satisfied. *3. That pdor 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. 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. 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 7. 13. DTS-03-115 - - 148 - CITY OF KITCHENER 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 PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97014 LYNDALE SOUTH (FORMERLY TEAKWELL HOLDINGS LIMITED) CHICOPEE - GRAND RIVER WARD (CONT'D) 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: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 One (1) original mylar Four (4) mylar copies Four (4) white paper prints - 149 - CITY OF KITCHENER 13. DTS-03-115 - PROPOSED MODIFICATION TO ONTARIO MUNICIPAL BOARD DRAFT APPROVED PLAN OF SUBDIVISION 30T-97014 LYNDALE SOUTH (FORMERLY TEAKWELL HOLDINGS LIMITED) CHICOPEE - GRAND RIVER WARD (CONT'D) It is the opinion of this Committee that approval of these modifications is proper planing for the City." 14. DTS-03-116 - 67, 71, 75 CHARLES STREET EAST DEMOLITION CONTROL APPLICATION DC 03/04/C/CB HOUSE OF FRIENDSHIP WEST - VICTORIA PARK WARD The Committee was in receipt of Development and Technical Services Department report DTS- 03-116, dated June 10, 2003, dealing with a Demolition Control Application submitted by the House of Friendship with respect to dwellings known municipally as 67, 71 and 75 Charles Street East located on the south side of Charles Street East between Eby Street and the House of Friendship Men's Hostel. The properties currently contain three single detached dwellings and the applicant wishes to demolish the three dwellings so as to develop a 22-unit multiple dwelling and social service establishment. Mr. J. Willmer, Director of Planning, summarized the purpose of the application and asked that the Committee take note of the penalty that would apply in the event that the proposed multiple unit dwelling is not substantially complete within two years of the date the demolition is commenced. Mr. Brian Hunsberger, Development Director, House of Friendship, attended the meeting with the intent of making a presentation which he advised he would dispense with. He did indicate that he had new information with respect to funding and advised that approval has been received from the Region for Priority One Stage in this regard. Mr. Hunsberger advised that he was in agreement with the recommendation in the staff report. No other delegations were registered respecting this matter. On motion by Councillor M. Galloway - it was resolved: "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: 1. 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 150 - CITY OF KITCHENER a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 15. It is the opinion of this Committee that approval of this application is proper planning for the City." DTS-03-117 - SHIRLEY AVENUE RENAMING BRIDGEPORT - CENTRE WARD The Committee considered Development and Technical Services Department report DTS-03- 117, dated June 13, 2003, dealing with the renaming of Shirley Avenue. Mr. K. Carmichael, Supervisor of Traffic and Parking, Transportation Planning, made a presentation with respect to issues of concern in any possible renaming proposal for Shirley Avenue. He illustrated Shirley Avenue as presently known from Riverbend Drive to Victoria Street and commented on the options and responses by businesses to a name change. He indicated that there was a concern that if any changes were made at this time, it may be necessary to make a further change in future. Mr. Carmichael commented that of the four options, technically none of them meet the City's street naming policy but assuming proposed Highway 7 is completed in future, then Option 1 would meet that policy. Mr. Lawrence Bingeman attended and made a presentation in support of the name 'Bingeman Centre Drive' replacing a portion of the existing Shirley Avenue and extending to Victoria Street at its intersection with Lackner Boulevard. The Committee entered in to a discussion of this issue and following the discussion, consensus was reached on a possible course of action. On motion by Councillor J. Smola - it was resolved: "That consideration of the renaming of Shirley Avenue be deferred and referred to the July 2, 2003 Council meetinq, and staff be instructed to prepare a report commenting on the following direction: 1) renaming the portion of Shirley Avenue from the westerly boundary of Bingemans Conference and Recreation Facility to Victoria Street North at Lackner Boulevard as 'Bingemans Centre Drive'. 2) taking no action at this time on changing the name of the westerly portion of Shirley Avenue from Riverbend Drive to the westerly boundary of Bingemans Conference and Recreation Facility; however, property owners on this section of Shirley Avenue be put on notice and alerted to future name changes being made for this section of Shirley Avenue in concert with the development of the new Highway # 7 by the Province. 3) renaming the portion of Shirley Avenue (existing addresses 2215 - 2500) from proposed Bingemans Centre Drive easterly to Victoria Street North as 'Shirley Drive'; and further, that staff solicit comment on this proposal from the affected businesses and summarize their responses." 16. DTS-03-105 - 35 BELMONT AVENUE WEST ZONE CHANGE APPLICATION ZC 021421BICB MULTIPLE SCLEROSIS SOCIETY FOREST - ROCKWAY WARD The Committee was advised that an application has been received from the Multiple Sclerosis Society to re-zone the proposed known municipally as 35 Belmont Avenue West so as to add a social services establishment as a permitted use and convert the existing dwelling to a social services establishment so as to provide an office location and meeting place for their clientele. The basement is proposed to be converted into a residential dwelling unit. The subject site containing a single detached dwelling is located on the west side of Belmont Avenue between Queen Street South and Farnham Avenue within the St. Mary's Planning Community. In this DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 151 - CITY OF KITCHENER regard, the Committee considered Development and Technical Services Department report DTS-03-105, dated May 30, 2003, and a proposed by-law dated May 14, 2003 attached to the report. 16. DTS-03-105 - 35 BELMONT AVENUE WEST ZONE CHANGE APPLICATION ZC 021421BICB MULTIPLE SCLEROSIS SOCIETY FOREST - ROCKWAY WARD (CONT'D) Mr. J. Willmer, Director of Planning, summarized the purpose of the report and advised that staff had nothing further to add. Mr. Dave Trimbell attended on behalf of Mr. Howard Thompson of the Multiple Sclerosis Society, to indicate their support of the recommendation in the staff report. No other delegations were registered respecting this matter. On motion by Councillor B. Vrbanovic - it was resolved: "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." 17. DTS-03-087 - FAIRWAY ROAD SOUTH / WABANKI DRIVE (MOTZ PARK) ZONE CHANGE APPLICATION ZC 031031FISL CITY INITIATED FAIRVIEW - GATEWAY WARD The Committee was advised of a City-initiated application to change the zoning of lands on the south side of Fairway Road between Wabanaki Drive and the Highway 8 interchange, across from Fairview Park Mall. It was noted in the report that new Wabanaki Drive bisected the park and that the large portion of the park, north of Wabanaki Drive is the subject of the rezoning. The purpose of the rezoning is to rezone the subject property from Public Park (P-l) Zone to Commercial Campus (C-8) Zone to permit commercial development as the existing park is under utilized and is being declared surplus. In this regard, the Committee considered Development and Technical Services Department report DTS-03-087, dated May 16, 2003, and a proposed by-law dated May 9, 2003 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. J. Willmer, Director of Planning, provided an explanation of the application. Councillor J. Gazzola requested that staff comment on resident concerns. Mr. J. Willmer advised that most concerns expressed by residents relate to the lack of active park facilities in the area. He noted that the existing park, which was isolated from residential uses, was little used except for practice field by a drum and bugle corps in the past but who have found another location and no longer hold their practices at this site. The Committee was circulated with correspondence dated June 16, 2003 received from Mr. Jordon Hofstetter objecting to the zone change. Mayor C. Zehr advised it was his understanding correspondence was sent to Hydro officials inquiring as to their interest in these lands and Mr. J. Willmer confirmed that the issue of DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 152 - CITY OF KITCHENER declaration of surplus land had been initiated by L. Proulx for July 2, 2003. Mayor C. Zehr requested that staff make inquiries before the July 2, 2003 Council meeting on the surplus issue and asked that the property not necessarily be put up for sale. 17. DTS-03-087 - FAIRWAY ROAD SOUTH / WABANKI DRIVE (MOTZ PARK) ZONE CHANGE APPLICATION ZC 031031FISL CITY INITIATED FAIRVIEW - GATEWAY WARD (CONT'D) Councillor J. Gazzola advised that he was aware of a party that was interested in a land swap in this area and Mr. J. Willmer advised that Mr. R. Hardie had contacted staff in this regard but that his issue did not relate to these lands. He suggested that the matter that Mr. Hardie was interested in could be tied to discussion with K-W Hydro regarding access issues. No other delegations were registered respecting this matter. On motion by Councillor J. Gazzola - it was resolved: "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." 18. DTS-03-091 - AMENDMENTS TO SERVICE COMMERCIAL ZONE (C-6) ZONE CHANGE APPLICATION ZC 031091TCIBS CITY INITIATED ALL WARDS The Committee was advised of a City-initiated application proposing an amendment to Zoning By-law 85-1 to implement the new Municipal Plan designation of Arterial Commercial Corridor. The existing Service Commercial Zone (C-6) will be renamed, Arterial Commercial Zone (C-6). The permitted uses will remain the same and the only difference in the regulations would be that free standing office would now be permitted with a maximum floor space ratio of 0.5 and in no case shall the gross floor area be greater than 3,750 m2. The new office regulation shall not apply to C-6 properties on the south side of King Street East between Highway 8 and Highway 401 at this time. In this regard, the Committee considered Development and Technical Services Department report DTS-03-091, dated May 30, 2003, and a proposed by-law dated May 30, 2003 attached to the report. Mr. J. Willmer, Director of Planning, explained the purpose of the application and advised that staff had nothing further to add. No delegations were registered, On motion by Councillor J. Smola - it was resolved: "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-law 85-1, be approved in the form shown in the "Proposed By-law, dated May th 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." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 153 - CITY OF KITCHENER 19. DTS-03-090 - HOUSEKEEPING AMENDMENTS MUNICIPAL PLAN AMENDMENT APPLICATION MP 03/01/TC/LM CITY INITIATED CHICOPEE - GRAND RIVER WARD, FAIRVIEW - GATEWAY WARD AND WEST - VICTORIA PARK WARD The Committee was advised of a City-initiated application to undertake housekeeping amendments to the Municipal Plan. It was noted in the report that on September 17, 2001, Municipal Plan Amendment No. 36, which introduced a new Commercial Land Use Policy for the City of Kitchener, was adopted by City Council and came into effect on March 5, 2002. Since that time, staff have discovered some minor mapping errors and have noted that certain policies need to be renumbered or deleted. The purpose of this housekeeping amendment is to correct the minor mapping errors and to edit / delete certain policies before staff publishes an up-to-date consolidation of the Municipal Plan for public use. In this regard, the Committee considered Development and Technical Services Department report DTS-03-090, dated May 28, 2003, and a Municipal Plan Amendment document entitled 'Housekeeping Amendment' attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Councillor C. Weylie, Chair, read the following statement: This is a Public Meeting under 'The Planning Act, 1996' to consider Municipal Plan Amendment Application MP 03/O1/TC/LM Section 17 (45) of the Planning Act allows the Ontario Municipal Board to dismiss all or part of an appeal without holding a hearing if the appellant did not make oral submissions at a public meeting or did not make written submissions to the council before the plan was adopted and, in the opinion of the Board, the appellant does not provide a reasonable explanation for having failed to make a submission. In order to ensure the record includes all the names of those individuals who are making verbal submissions today for this Municipal Plan Amendment, please ensure that you clearly identify yourself before you begin your submissions and the Clerk will record your name for the record. If your name does not appear on the record, you may jeopardize any further involvement you wish to have in these matters. Any recommendation made by the Development & Technical Services Committee on these matters today will be considered by City Council on July 2, 2003. If City Council adopts the amendments, they will proceed to the Regional Municipality of Waterloo who has the final approval authority for Municipal Plan Amendments. They are also the body to whom appeals are sent. Further information on these procedures is available from the City's Development and Technical Services Department or the Region's Department of Planning and Culture. Mr. J. Willmer, Director of Planning, summarized the purpose of the report and advised that staff had nothing further to add. Councillor B. Vrbanovic expressed concern with regard to residential properties located across from 55 and 63 Morgan Avenue. It response to Councillor J. Smola, Mr. J. Willmer advised that notification of this application was undertaken by newspaper only given that the lands in question were already identified as being within a sub-district. Councillor B. Vrbanovic expressed concern with regard to the notification procedure and suggested affected property owners be notified and appropriate circulation be undertaken to neighbouring property owners. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 154 - CITY OF KITCHENER 19. DTS-03-090 - HOUSEKEEPING AMENDMENTS MUNICIPAL PLAN AMENDMENT APPLICATION MP 03/01/TC/LM CITY INITIATED CHICOPEE - GRAND RIVER WARD, FAIRVIEW - GATEWAY WARD AND WEST - VICTORIA PARK WARD (CONT'D) On motion by Councillor B. Vrbanovic - it was resolved: "That consideration of the 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 undertake appropriate circulation to neighboring property owners." 20. DTS-03-118 - MIXED USE CORRIDOR URBAN DESIGN BRIEFS The Committee was in receipt of Development and Technical Services Department report DTS- 03-118, dated June 13, 2003, to which was attached the Mixed Use Corridor Urban Design Briefs for consideration and direction. The Committee was also circulated this date with a colour version of the design briefs. It was noted in the report that "Urban design briefs are a method of providing detailed information regarding the City's expectation for the design within a particular site, land use designation or specific policy area. The briefs introduce urban design guidelines for mixed use corridors, a commercial policy designation established as part of the City's new Commercial Policy Structure. The briefs provide a detailed inventory and analysis of each of the individual corridors, namely, Belmont Avenue, King Street East, King Street West, Lancaster Street, Queen Street South, Victoria Street North and Victoria Street South. Following the inventory and analysis, a series of guidelines is introduced to ensure new development within Mixed Use Corridors meet the City's design objectives. Staff is seeking Council endorsement of the general principles outlined in the briefs prior to proceeding to a final public consultation process." Mr. J. Willmer, Director of Planning, briefly explained the purpose of the report which was prepared for Committee review and requested direction in that regard. On motion by Councillor B. Vrbanovic - it was resolved: "That Council support the general principles outlined in the Mixed Use Corridor Urban Design Briefs attached to Development and Technical Services Department report DTS- 03-115; 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." 21. DTS-03-121 - PROPOSED RENAMING OF PARK STREET WITHIN VICTORIA PARK REQUEST FOR DIRECTION WEST - VICTORIA PARK WARD The Committee was in receipt of Development and Technical Services Department report DTS- 03-121, dated June 20, 2003, requesting direction in regard to proposed renaming of Park Street within Victoria Street in commemoration of Queen Elizabeth II's Golden Jubilee Celebration. It was noted in the report that in November 2002, the City received a request from local residents to rename a portion of Park Street within Victoria Park extending from Devon DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 155 - CITY OF KITCHENER Street to David Street in recognition of the Golden Jubilee Celebration. 21. On motion by Mayor C. Zehr - it was resolved: DTS-03-121 - PROPOSED RENAMING OF PARK STREET WITHIN VICTORIA PARK REQUEST FOR DIRECTION WEST - VICTORIA PARK WARD (CONT'D) "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 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.' 22. DTS-03-126 - DOCUMENT - "CLEANING UP THE PAST, BUILDING THE FUTURE - A NATIONAL BROWNFIELDS REDEVELOPMENT STRATEGY FOR CANADA" REQUEST FROM FEDERATION OF CANADIAN MUNICIPALITIES 23. The Committee considered Development and Technical Services Department report DTS-03- 126, dated June 18, 2003, dealing with a request from the Federation of Canadian Municipalities that municipalities urge the Federal Government to adopt and implement the recommendations contained in the National Roundtable on the Environment and the Economy. On motion by Councillor B. Vrbanovic - it was resolved: "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.' PROPERTY STANDARDS RE: 231 GRAND RIVER BOULEVARD - DIRECTION TO STAFF Councillor B. Vrbanovic referred to past and current property standards issues regarding the property known municipally as 231 Grand River Boulevard and pointed out that notwithstanding that a new home has been built, there were still problems with the condition of the property. He suggested that there was a need to deal more aggressively with the problem and requested that Enforcement staff investigate with Legal staff what measures could be taken to ensure the property conforms with property standards. 24. ADJOURNMENT On motion, the meeting adjourned at 9:03 p.m. L.W. Neil, AMCT Assistant City Clerk