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HomeMy WebLinkAboutDev & Tech Svcs - 2003-09-08DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 CITY OF KITCHENER The Development and Technical Services Committee met this date commencing 7:00 p.m. under Councillor C. Weylie, Chair, with the following members present: Mayor C. Zehr and Councillors M. Galloway, B. Vrbanovic, G. Lorentz, J. Smola and J. Gazzola. Officials Present: Ms. L. MacDonald and Messrs. G. Stewart, L. Masseo, B. Sloan, R. Browning, R. Shamus, J. McBride and L.W. Neil. DTS-03-143 - OLD CHICOPEE DRIVE / DAIMLER DRIVE - TRAFFIC CONTROL MEASURES - ALL-WAY STOP - CHICOPEE-GRAND RIVER WARD The Committee considered Development & Technical Services Department report DTS-03-143 dated August 8, 2003 dealing with traffic control measures on Old Chicopee Drive at Daimler Drive. On motion by Councillor B. Vrbanovic - it was resolved: "That an all-way stop control be installed at the intersection of Old Chicopee Drive at Daimler Drive; and further, That the Uniform Traffic By-law be amended accordingly." DTS-03-133 1466 HIGHLAND ROAD WEST ZONE CHANGE APPLICATION ZC 021261BIBS SUBDIVISION APPLICATION 30T-02205 1071745 ONTARIO LTD. WEST-VICTORIA PARK WARD The Committee was advised that the Department of Development & Technical Services was in receipt of applications for subdivision and zone change submitted by 1071745 Ontario Ltd. with respect to the property known municipally as 1466 Highland Road West. The subject property comprises approximately 16.1 hectares of land in the Highland West community which are proposed to be developed in 2 stages. Stage 1 proposes residential development on the east side of future Ira Needles Boulevard which would be developed first and Stage 2 proposes commercial development on the west side of future Ira Needles Boulevard and is contingent on the construction of that road. The development would provide a maximum of 115 residential units consisting of single detached dwellings, single/semi/street townhouses and proposed cluster townhouses, as well as a future development block for high density residential development, 4 large blocks of commercial land, parkland, open space and storm-water management areas. In this regard, the Committee considered Developmental and Technical Services report DTS-03-133 dated August 18, 2003 and a proposed By-law dated August 18, 2003 attached to the report. It was pointed out that notice of the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. B. Sloan summarized the purpose of the applications and circulated wording of conditions that he requested the Committee add to the staff recommendation. The conditions in question relate to City of Kitchener condition 6.14 dealing with easements and Region of Waterloo condition 8(c) dealing with preparation of a noise study. He then commented on another issue respecting the subdivision having to do with a street naming problem which also affects the subdivision located to the east. He advised that staff recommend that the portion of Bankside Drive extending westerly from Westforest Trail be renamed as Westmeadow Drive and that the Committee give direction to staff to initiate the process for such renaming. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 171- CITY OF KITCHENER 2. DTS-03-133 - 1466 HIGHLAND ROAD WEST ZONE CHANGE APPLICATION ZC 02/26/B/BS SUBDIVISION APPLICATION 30T-02205 1071745 ONTARIO LTD. WEST-VICTORIA PARK WARD (CON'T) In response to questions raised respecting the street renaming and consequent address change issue and questions regarding the mix of housing, Mr. B. Sloan advised that the staff report had been hand delivered to the 3 property owners affected by the proposal to initiate the name change process. As to the issue of mixture of housing types, he commented that the proposal had evolved through a number of design changes to what is now considered the best mixture for this area. On the matter of noise, Mayor C. Zehr pointed out that currently noise barriers were not being required and questioned if consideration had been given to the incremental growth of noise that will take place with the full development of Ira Needles Boulevard. Mr. B. Sloan noted that the region has accepted the noise study for the development and does not require a noise wall; however, a 4.6 metre landscape strip was required. Mr. R. Hardie, Richard A. Hardie and Associates, attended on behalf of 1071745 Ontario Ltd., to advise that his client supported all of the conditions including the 2 additional conditions proposed by staff this date. He confirmed that a number of design changes had been made to the plan and he commented on the cluster townhouse proposal which will contain it's own internal visitor parking facility. Mr. Eldon Theodore, McNaughton Hermsen Britton Clarkson Planning, attended on behalf of Gra Ham Energy Ltd., 1500 Highland Road to express concern regarding the issue of well monitoring as referenced in City of Kitchener condition 6.12. He asked that the report be amended to include 1500 Highland Road West in the condition. He also commented that his client's property is split by future Ira Needles Boulevard and since the small parcel may not stand alone asked that consideration be given to requiring this development in conjunction with Lot 19. Mr. B. Sloan responded that it was not appropriate to require those lands to consolidate with the future development block and it was more appropriate to be dealt with as part of a regional expropriation issue. Dr. Mark Rogers, attended with regard to the recommendation to initiate the process for a name change respecting Bankside Drive west of Westforest Trail. He indicated that he had been operating his practice from the property at the intersection of Bankside Drive and Westforest Trail since 1995 and opposed a name change given the confusion it would cause to his patients and the financial costs involved. Further, Dr. Rogers complained of the form of notice in this matter that he received by way of a bulk mailing. Mr. L. Masseo commented that the recommendation represented only direction to staff at this time and that other options were available that could receive consideration within the name change process. He noted that there were a few options to change the name on the bend of Bankside Drive or change the name at one of the smaller streets intersecting Bankside Drive. In any event, he indicated that a name change would not come into effect until the street within the subdivision and the adjacent subdivision was fully constructed. Mr. R. Hardie commented on the well monitoring request pertaining to 1500 Highland Road and noted that the current situation was changing and it was his understanding the Region would be installing a water main on Ira Needles Boulevard which would be accessible. He suggested it was onerous to have to add a well monitoring requirement. Further, he was opposed to any requirement for amalgamation suggested by Mr. Theodore of the smaller parcel with the future development lot as it was premature given the Region has not made any decision relating to this property. No other delegations were registered respecting this matter. Mayor C. Zehr noted that the proposal to rename a portion of Bankside Drive was a public process and that consideration could be given to severing the street in different places. In reference to well monitoring, he noted that hook-up would negate continuation of the requirement for well monitoring. Following further discussion, Mr. L. Masseo was requested to consult with property owners affected by the proposed street renaming and any other interested DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 172- CITY OF KITCHENER 2. DTS-03-133 - 1466 HIGHLAND ROAD WEST ZONE CHANGE APPLICATION ZC 02/26/B/BS SUBDIVISION APPLICATION 30T-02205 1071745 ONTARIO LTD. WEST-VICTORIA PARK WARD (CON'T) party and develop a recommendation for a preferred location based on the available options. Also, Mr. J. McBride was requested to provide information to Council on the number of traffic control signals the Region plans for Ira Needles Boulevard and make it available to Council on September 15, 2003. The recommendation in the staff report was then considered, along with the 2 additional conditions requested by staff and the addition of reference to 1500 Highland Road within condition 6.12. On motion by Mayor C. Zehr - it was resolved: "A. That recommendation A. listed below be deferred and referred to the September 15, 2003 Council meetinq and staff be instructed to prepare a list of street naming options for consideration: That Council direct staff to initiate the process of renaming that portion of Bankside Drive between Westforest Trail and Draft Plan of Subdivision 30T- 02205 as Westmeadow Drive. That Zone Change Application ZC 02/26/B/BS (1466 Highland Road West - 1071745 Ontario Ltd.) requesting a change in zoning from Agricultural Zone (A-l) to Residential Four Zone (R-4), Residential Four Zone (R-4) with special regulation provision 406R, Residential Six Zone (R-6), Residential Six Zone (R-6) with special regulation provision 406R, Arterial Commercial Zone (C-6), Public Park Zone (P-l) and Hazard Land Zone (P-3) on lands legally described as Part of Lot 38, German Company Tract, in the City of Kitchener, be approved in the form shown in the th attached "Proposed By-law", dated August 18 , 2003 without conditions. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. C. 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 97-061, grant draft approval to Plan of Subdivision Application 30T-02205 (Highland Road West), in the City of Kitchener, for 1071745 Ontario Ltd., subject to the following conditions: That this approval applies to Plan of Subdivision 30T-02205 as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated August 18th, 2003, which shows the following: Stage 1 Lots 1-26 Blocks 1-4 Blocks 5,6 Block 7 Blocks 8-10 Blocks 11, 12 Block 13 Blocks 14, 15 Block 16 Block 17 Blocks 18, 19 - Max. 114 units - single detached - 26 units - single-detached (lot consolidation) - 4 units - street townhouses - 16 units - townhouses (cluster) - max. 46 units - residential (single/semi/townhouse) - max..22 units - park - wetland/stormwater management - 4.6 metre landscape buffer - service corridor/walkway - walkway - future development (High Rise Residential) DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 173- CITY OF KITCHENER 2. DTS-03-133 - 1466 HIGHLAND ROAD WEST ZONE CHANGE APPLICATION ZC 02/26/B/BS SUBDIVISION APPLICATION 30T-02205 1071745 ONTARIO LTD. WEST-VICTORIA PARK WARD (CON'T) Stage 2 Blocks 1-4 Block 5 - commercial - stormwater management Total - Max. 114 residential units 2. CITY OF KITCHENER CONDITIONS: 2.1 That the Mayor and Clerk be authorized to sign a City Standard Residential Subdivision Agreement, satisfactory to the City Solicitor, with the SUBDIVIDER (1071745 Ontario Ltd.) regarding the lands shown outlined on the attached Plan of Subdivision dated August 18th, 2003 and which shall contain the following special conditions: Section 3 Prior to Servicing 3.16 The SUBDIVIDER agrees that the plan shall be registered in two stages in accordance with the following: a) Stage 1 shall be registered concurrently with or at any time subsequent to the registration of Stages 1 & 3 in the adjacent Draft Plan of Subdivision 30T- 01202; and b) Stage 2 shall be registered concurrently with or at any time subsequent to the construction and opening to public vehicular traffic of Ira Needles Boulevard. 3.17 The SUBDIVIDER shall make satisfactory financial arrangements with the Director of Engineering Services for construction of a 1.5 metre wide concrete sidewalk along the Highland Road frontage of the property. Section 4 Prior to the 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 Services or Chief Building Official. 4.23 The SUBDIVIDER agrees that no building permits shall be issued for Blocks 1 to 4 inclusive (Stage 1) until each is consolidated with Blocks 72 to 75 inclusive (Stage 1) respectively of the adjacent Plan of Subdivision 30T-01202; that no building permits shall be issued for all of Blocks 1 to 4 inclusive and Lots 24 to 26 inclusive (Stage 1) until Winding Meadow Court is constructed and opened by by- law; and further that no building permits shall be issued for Blocks 1 and 2 (Stage 1) until such time as the registered right-of-way (Part of Part 1, Plan 58R-10708) over the subject Blocks has been quit claimed. 4.24 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 174- CITY OF KITCHENER 2. DTS-03-133 - 1466 HIGHLAND ROAD WEST ZONE CHANGE APPLICATION ZC 02/26/B/BS SUBDIVISION APPLICATION 30T-02205 1071745 ONTARIO LTD. WEST-VICTORIA PARK WARD (CON'T) b) No occupancy of each dwelling shall be permitted until the CITY'S Chief Building Official has confirmed that such system is operational. c) Such system shall remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the CITY 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. 4.25 a) The SUBDIVIDER shall obtain approval of plans/drawings from the CITY'S Manager of Design and Development for Blocks 14 and 15 (Stage 1) abutting Ira Needles Boulevard, showing a planting strip having a minimum width of 4.6 metres and a 1.8 metre high chain link fence. Such planting strip shall be developed at the SUBDIVIDER'S cost in accordance with the approved plans. The maintenance of said Blocks shall be the responsibility of the City. b) If a physical noise attenuation barrier is required, the installation of such barrier shall substitute for the planting strip and fence. Section 6 Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using Highland Road to Block 19 (Stage 1) for Stage 1 (subject to a temporary Regional Road Access Permit requirement) and restricted to using Ira Needles Boulevard for Stage 2 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 Services. 6.11 The SUBDIVIDER agrees that the final lotting plan shall also include an on-street parking plan and draft driveway location plan showing an appropriate amount of parking spaces provided within the block, to the satisfaction of the CITY'S Manager of Design and Development. 6.12 The SUBDIVIDER agrees to establish a monitoring program, acceptable to the City's Director of Engineering Services, for all private wells on properties along the north side of Highland Road West between 1358 and 1500 Highland Road West inclusive, except for 1398 Highland Road West but including Future Development Block 19 (Stage 1), prior to the commencement of, and during, development, and subsequent to development for a period of two (2) years from the date of the City's acceptance of the underground services related to Stage 1. The entire cost of the monitoring program shall be the responsibility of the SUBDIVIDER and the SUBDIVIDER of the adjacent plan of subdivision 30T- 01202. The SUBDIVIDER further agrees that if, within the stipulated time frame, the installation of underground services or the construction of the subdivision causes the existing private wells to be impacted to the degree of being unable to provide and appropriate and adequate supply of potable water, as determined by the monitoring program, the SUBDIVIDERS shall be responsible for providing a new water supply to any affected properties, either temporarily or permanently as the case may be, to the satisfaction of the City's Director of Engineering Services. In the event that the properties of concern on the north side of Highland Road have public water service, the well monitoring program shall not be required. 2. DTS-03-133 - 1466 HIGHLAND ROADWEST DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 175- CITY OF KITCHENER ZONE CHANGE APPLICATION ZC 02/26/B/BS SUBDIVISION APPLICATION 30T-02205 1071745 ONTARIO LTD. WEST-VICTORIA PARK WARD (CON'T) 6.13 The SUBDIVIDER agrees that prior to pre-servicing, or the registration of Stage 1 or at the request of the owner of the adjacent lands to the east in Plan of Subdivision 30T-01202, whichever is first, to dedicate to the City of Kitchener the lands that would be the completion of the Winding Meadow Court cul-de-sac. 6.14 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. 2.2 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. 2. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Manager of Design and Development and shall obtain approval therefrom. 3. 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 Services, with coordinate values and elevations thereon and submit for registration the plans showing the location of the monuments, their coordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. 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. 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. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. This shall include any easements required for services over Block 7 (Stage 1) and for stormwater management over Blocks 3 and 4 (Stage 2). 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 Manager of Design and Development; 2. DTS-03-133 - 1466 HIGHLAND ROADWEST ZONE CHANGE APPLICATION ZC 021261BIBS DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 10. 11. 2. DTS-03-133 - - 176- CITY OF KITCHENER SUBDIVISION APPLICATION 30T-02205 1071745 ONTARIO LTD. WEST-VICTORIA PARK WARD (CON'T) (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 Manager of Design and Development or, in the case of parkland, the CITY'S Director of Operations; and (e) to provide to the CITY'S Manager of Design and Development, a clearance letter from each of HYDRO and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. The SUBDIVIDER shall ensure that the existing registered right-of-way identified as Part of Part 1, Plan 58R-10708 is quit claimed, save and except for that portion of the right-of-way over Blocks 1 and 2 (Stage 1), if still required, prior to the dedication of roads to the City by the registration of the Plan of Subdivision. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. The SUBDIVIDER agrees to convey to the City, at no cost and free of encumbrance, the following lands for the purposes set out below: a) Blocks 11 and 12 (Stage 1), for parkland; b) Block 13 (Stage 1), as wetland/stormwater management; c) Blocks 14 and 15 (Stage 1), for 4.6m planting strip (backlotted arterial); and d) Block 15 for servicing/walkway purposes 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 Manager of Design and Development, 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 Manager of Design and Development; 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 1466 HIGHLAND ROAD WEST ZONE CHANGE APPLICATION ZC 021261BIBS DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 177- CITY OF KITCHENER SUBDIVISION APPLICATION 30T-02205 1071745 ONTARIO LTD. WEST-VICTORIA PARK WARD (CON'T) lands including references to any formal development applications, all to the satisfaction of the CITY'S Manager of Design and Development; 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 Development and Technical Services Department. 12. That prior to the registration of Stage 2, the SUBDIVIDER shall make arrangements for the granting of any easements for stormwater management purposes to the City to the satisfaction of the CITY'S Engineering Services. 13. That the 5%/2% parkland dedication required for the entire Plan of Subdivision, being 0.59 hectares, shall be satisfied by the conveyance of Blocks 11 and 12 (Stage 1) to the CITY, at no cost and free of encumbrance. 14. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Manager of Design and Development, 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. 15. That the SUBDIVIDER enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title, which shall require that prior to the commencement of any grading of Block 19 (Stage 1) and/or prior to the issuance of any building permits for Block 19 (Stage 1), whereby the owner shall undertake a site assessment for the subject lands in accordance with the Guidelines for Use at Contaminated Sites in Ontario. A copy of the Record of Site Condition, acknowledged by the Ministry of Environment and Energy shall be provided to the CITY'S Manager of Design and Development. 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 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 any grading, a lot grading and drainage plan and stormwater management report be submitted for approval, 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. 2. DTS-03-133 - 1466 HIGHLAND ROADWEST ZONE CHANGE APPLICATION ZC 021261BIBS DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 178- CITY OF KITCHENER SUBDIVISION APPLICATION 30T-02205 1071745 ONTARIO LTD. WEST-VICTORIA PARK WARD (CON'T) That 50 foot daylight triangles be established at the intersection of Ira Needles Boulevard and Detweiler Court and be dedicated on the final plan as public highway to the appropriate road authority. That the SUBDIVIDER obtain a Regional Road Access Permit for any access onto Highland Road West (Regional Road No. 6), including a temporary permit for a construction access to Stage 1 via Block 19 (Stage 1) at the westerly limit of the Block. 5. That the SUBDIVIDER obtain a Regional Road Access Permit to Ira Needles Boulevard prior to the construction of Detweiler Court. That prior to the registration of Stage 2, the SUBDIVIDER shall enter into an agreement with the Regional Municipality of Waterloo to prohibit access to any Blocks within Stage 2 from Ira Needles Boulevard, save and except for emergency access purposes if required and to the satisfaction of the Regional Municipality of Waterloo. That prior to the final approval of Stage 2 of the plan of subdivision, the SUBDIVIDER shall submit an update to the Traffic Impact Study, including an analysis of pedestrian movements across Ira Needles Boulevard at Detweiler Court and Block 16 (Stage 1), to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services and, if necessary, enter into an agreement with the Region to implement the recommendations of the study. a) That prior to the final approval of the plan of subdivision, the SUBDIVIDER shall prepare a noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels for Ira Needles Boulevard and Highland Road West (Regional Road No. 6) and if necessary, the SUBDIVIDER shall enter into a registered agreement with the Regional Municipality of Waterloo to provide for implementation of the approved noise study attenuation measures. b) That the SUBDIVIDER shall further include the following warning clause to be registered on title and included in all offers to purchase and sale agreements for Lots 18-26 inclusive and Blocks 1,2 and 5 to 7 inclusive: "Due to its proximity to Ira Needles Boulevard, projected noise levels on the property exceed the Noise Level Objectives approved by the Regional Municipality of Watedoo and may cause concern to some individuals. Moreover, the dwelling has been fitted with a forced air-ducted heating system suitably sized to and designed to permit the future installation of a central air conditioning system by the occupants." c) That the SUBDIVIDER shall enter into a registered agreement to prepare a noise study, to the satisfaction of the Region, to indicate methods to be used to abate traffic noise levels for Ira Needles Boulevard and Highland Road West on Future Development Block 19 (Stage 1) prior to any site plan approval of said Block and, if necessary, shall provide for implementation of the approved noise study attenuation measures. That the SUBDIVIDER include the following warning clause to be registered on title and included in all offers to purchase and sale agreements for any residential lots or blocks constructed with finished floor elevations greater than 375 MASL: 2. DTS-03-133 - 1466 HIGHLAND ROADWEST ZONE CHANGE APPLICATION ZC 021261BIBS DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 179- CITY OF KITCHENER SUBDIVISION APPLICATION 30T-02205 1071745 ONTARIO LTD. WEST-VICTORIA PARK WARD (CON'T) "Purchasers are advised that pdor to the implementation of the new Kitchener Pressure Zone 6, tentatively scheduled for 2005, water pressures may be below the Region's water supply goals dudng pedods of elevated water demand." 10. a) That the SUBDIVIDER 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 SUBDIVIDER 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." 4. OTHER AGENCY CONDITIONS That prior to the commencement of any grading or construction on the site, and prior to registration of the plan, the SUBDIVIDER shall submit the following plans and reports to the satisfaction and approval of the Grand River Conservation Authority: a) A detailed Stormwater Management Report and plans in accordance with the 2003 Ministry of the Environment and Energy Report entitled "Stormwater Management Practices Planning and Design Manual" and in keeping with the Preliminary Stormwater Management Report (prepared by Conestoga Rovers and Associates dated November 2002 and updated June 2003). b) A detailed Lot Grading, Servicing and 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. d) An application for Fill, Construction and Alteration to Waterways Regulation Permit pursuant to Ontario Regulation 149, as amended, prior to any construction within a wetland or floodplain of the Detweiler Greenway. 2. DTS-03-133 - 1466 HIGHLAND ROADWEST ZONE CHANGE APPLICATION ZC 021261BIBS DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 180- CITY OF KITCHENER SUBDIVISION APPLICATION 30T-02205 1071745 ONTARIO LTD. WEST-VICTORIA PARK WARD (CON'T) That prior to final approval of the plan for registration, the SUDIVIDER shall submit a lot grading and drainage plan, showing existing and final grades, to Hydro One for review and approval. 3. That prior to the start of construction, the SUBDIVIDER shall install temporary fencing along the edge of lands owned by Hydro One at the SUBDIVIDER'S cost. 4. That following the completion of construction, the SUBDIVIDER shall install permanent fencing along lands owned by Hydro One at the SUBDIVIDER'S cost. That Hydro One property is not to be used without the express written permission on Hydro One Networks Inc. During construction there will be no storage of materials or mounding of earth or other debris on the right-of-way. The Subdivider will be responsible for restoration of any damage to the right-of-way from construction of the subdivision. 6. That the costs of any relocations or revisions to Hydro One facilities that are necessary to accommodate this subdivision will be borne by the SUBDIVIDER. 5. CLEARANCE CONDITIONS That prior to the signing of the final plan by the City's Manager of Design and Development, the Manager shall be advised by the Regional Commissioner of Planning, Housing and Community Services that Conditions 3.1-3.7 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 Manager of Design and Development, the Manager shall be advised by the Grand River Conservation Authority that Condition 4.1 has been carried out to the satisfaction of the GRCA. The clearance letter from the GRCA shall include a brief statement detailing how the condition has been satisfied. That prior to the signing of the final plan by the City's Manager of Design and Development, the Manager shall be advised by Hydro One that Conditions 4.2 to 4.6 have been carried out to the satisfaction of Hydro One. The clearance letter from Hydro One 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 Manager shall be advised by Kitchener-Wilmot Hydro that Conditions 2.2.5 and 2.2.7 have 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 Manager of Design and Development, the Manager shall be advised by the telephone companies that Conditions 2.2.6 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. 2. DTS-03-133 - 1466 HIGHLAND ROADWEST ZONE CHANGE APPLICATION ZC 021261BIBS DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 181- CITY OF KITCHENER SUBDIVISION APPLICATION 30T-02205 1071745 ONTARIO LTD. WEST-VICTORIA PARK WARD (CON'T) 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 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 Development and Technical Services Department of any changes in ownership, agent, address and phone number. Regional 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 $60.00 respectively. Fees 5. The owner/developer Js advised that the City of KJtchener and the Regional Municipality of Waterloo have adopted By-Laws, pursuant to SectJon 69 of the Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application, recJrculatJon, draft approval, modification to draft approval and registration release of plans of subdivision. Approvals for Servicing Systems 6. 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 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, 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. 2. DTS-03-133 - 1466 HIGHLAND ROADWEST DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 182- CITY OF KITCHENER ZONE CHANGE APPLICATION ZC 02/26/B/BS SUBDIVISION APPLICATION 30T-02205 1071745 ONTARIO LTD. WEST-VICTORIA PARK WARD (CON'T) Planning Act Applicability 9. 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 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 Planning and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Engineering to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. Registration Release 11. To ensure that a City and Regional Release is issued by the City's Manager of Design and Development or 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 City and 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 City and Regional Planner responsible for the file, no later than December 15th. City and Regional staff can not ensure that a City and Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. Hydro Lands 12. The transmission lines abutting this subdivision operate at either 500,000, 230,000 or 150,000 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 energised 500 kV conductor. The distance for a 230kV conductor is 4.5 metres (15 feet) and for 115kV conductors it 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 can raise and lower without warning, depending on the electrical demand placed on the line. 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 will be endorsed on the plan and it will be forwarded to the Registry Office for registration. 2. DTS-03-133 - 1466 HIGHLAND ROADWEST DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 183- CITY OF KITCHENER ZONE CHANGE APPLICATION ZC 02/26/B/BS SUBDIVISION APPLICATION 30T-02205 1071745 ONTARIO LTD. WEST-VICTORIA PARK WARD (CON'T) 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." DTS-03-152 - 659 KING STREET WEST REQUEST FOR TEMPORARY OCCUPANCY - MICHAEL IBRAHIM WEST-VICTORIA PARK WARD The Committee considered Development & Technical Services Department report DTS-03-152 dated August 27, 2003 prepared a response to a request from Michael Ibrahim for approval of temporary occupancy of a property known municipally as 659 King Street West. Staff support the request based upon the criteria contained in Council Policy I-1155 being satisfied. On motion by Councillor G. Lorentz - it was resolved: "That the request of Michael Ibrahim for temporary occupancy for 659 King Street West, be approved conditional upon the following: a) That enforcement of the City's Zoning By-law be waived with respect to retail sales within buildings existing on September 17, 2001, and temporary occupancy be approved subject to the retail uses vacating the location in the event the City initiated Zone Change (ZC 03/16/TC/RM) to add retail uses to the subject lands is not approved; and further, b) That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of final disposition of this application." DTS-03-149 - PROPOSED MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-01202 SUNVEST DEVELOPMENT CORPORATION CITY INITIATED WEST-VICTORIA PARK WARD The Committee was in receipt of Development & Technical Services Department report DTS-03- 149 dated August 22, 2003 dealing with proposed modifications to draft approved plan of subdivision 30T-01202 of Sunvest Development Corp. The purpose of the City initiated modifications is to add a new condition with respect to monitoring of the well water for existing properties fronting the north side of Highland Road due to new subdivision development. Mr. B. Sloan briefly summarized the purpose of the report and recommended an additional change be included to condition 6.13 so as to include the property known municipally as 1500 Highland Road which was also added to a similar condition with respect to subdivision application 30T-02205 of 1071745 Ontario Ltd. which was dealt with by the Committee this date when it considered report DTS-03-133. No delegations were registered respecting this matter. 4. DTS-03-149 - PROPOSED MODIFICATION TO DRAFT APPROVED PLAN OF DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 184- CITY OF KITCHENER SUBDIVISION 30T-01202 SUNVEST DEVELOPMENT CORPORATION CITY INITIATED WEST-VICTORIA PARK WARD (CON'T) The staff recommendation was then considered and it was agreed to revise condition 6.13 to include 1500 Highland Road. On motion by Councillor J. Smola - it was resolved: "A. That the City of Kitchener, pursuant to Section 51 (18) of the Planning Act, R.S.O. 1990, c.P. 13, as amended, and By-law No. 2002-164 of the City of Kitchener, hereby modifies the draft approval for Plan of Subdivision Application 30T-01202, Sunvest Development Corp., as follows (asterisk indicates revised conditions and italics indicates revision): '1. That this approval applies to Plan of Subdivision 30T-01202 as shown on the plan prepared by Planning and Engineering Initiatives Ltd. last revised November 8th, 2002 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated October 22®, 2002, and last revised August 22nd, 2003 which shows the following: Stage 1 Lots 1-71 Blocks 72-75 Blocks 76, 77 Blocks 78 & 81 Block 79 Block 80 Blocks 82, 84 Block 83 Block 85 - 71 units - single detached - future residential - 0.3m reserve - park - 6m walkway - wetland/SWM - open space/SWM - open space - 6m walkway/emergency access Stage 2 Lots 1-24 Block 25 Block 26 - 24 units - single detached - 6m walkway/SWM facility access - 0.3 metre reserve Stage 3 - 30 units Lots 1-30 - single detached Block 31 - 0.3 metre reserve Total - 125 units 2. CITY OF KITCHENER CONDITIONS: '2.1 That the Mayor and Clerk be authorized to sign a City Standard Residential Subdivision Agreement, satisfactory to the City Solicitor, with the SUBDIVIDER (Sunvest Development Corp.) regarding the lands shown outlined on the attached Plan of Subdivision dated October 23ra, 2002 and last revised August 22nd, 2003 and which shall contain the following special conditions: 4. DTS-03-149 - PROPOSED MODIFICATION TO DRAFT APPROVED PLAN OF DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 185- SUBDIVISION 30T-01202 SUNVEST DEVELOPMENT CORPORATION CITY INITIATED WEST-VICTORIA PARK WARD (CON'T) CITY OF KITCHENER Section 2 Prior to Area Grading 2.11 The SUBDIVIDER shall prepare a Grading, Erosion and Siltation Control Plan for the area to be used for emergency access and construction route from Victoria Street to Winding Meadow Court over Hydro One lands and Block 85 (Stage 1) and a detailed design of the access route to the satisfaction of the CITY's Director of Engineering Services in consultation with the CITY's Community Services and Hydro One. Section 3 Prior to Servicing 3.18 The SUBDIVIDER agrees that the plan shall be registered in three stages in accordance with the following: a) Stage 1 must be registered first; b) Stage 2 shall be registered concurrently with or at any time subsequent to the registration of Stage 1; c) Stage 3 shall be registered after Stage 2 and concurrently with or at any time subsequent to the registration of the appropriate stage in the adjacent Draft Plan of Subdivision 30T-02205 Section 4 Prior to the 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 Services 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) Occupancy of each dwelling shall not be permitted until the CITY'S Chief Building Official has confirmed that the direct-to-fire alarm monitoring system referenced to in 4.23 a) is operational. c) Such system shall remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the CITY 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. 4.24 The SUBDIVIDER agrees that no building permits shall be issued for Blocks 72 to 75 (Stage 1) until the closure of the adjacent 6 metre wide right-of-way is complete and said Blocks are consolidated with the redundant right-of-way and with the appropriate Blocks in Stage 1 in the adjacent Plan of Subdivision 30T- 02205. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 186- CITY OF KITCHENER 4. DTS-03-149 - PROPOSED MODIFICATION TO DRAFT SUBDIVISION 30T-01202 SUNVEST DEVELOPMENT CORPORATION CITY INITIATED WEST-VICTORIA PARK WARD (CON'T) APPROVED PLAN OF 4.25 The SUBDIVIDER agrees: a) To construct the required permanent emergency access road on Block 85 (Stage 1) and the temporary emergency access road over Hydro One lands between Block 85 (Stage 1) and the future Victoria Street extension to the satisfaction of the CITY's Director of Engineering in accordance with the requirements set out in the CITY's Subdivision Manual at the cost of the SUBDIVIDER and in consultation with Hydro One prior to the issuance of a building permit for Stage 1. b) That the temporary emergency access road to be located on Hydro One lands between Block 85 (Stage 1) and existing Victoria Street shall not be used for public walkway purposes and the SUBDIVIDER shall erect a sign at the entrance to Block 85 (Stage 1) indicating such to the satisfaction of the City's Director of Operations prior to the issuance of a building permit for Stage 1. 4.26 The SUBDIVIDER shall make financial arrangements with the CITY's Engineering Services for the extension of municipal services that are necessary to provide an adequate storm outlet and access to the stormwater management pond to be located on Block 82 (Stage 1) prior to the issuance of any building permits in Stage 2. Section 6 Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using Victoria Street to Block 85 (Stage 1) over the Hydro One lands for Stage 1 and restricted to using Highland Road to the laneway adjacent to the western boundary of the plan of subdivision for Stage 2 and restricted to using Bankside Drive from the adjacent plan of subdivision 30T- 02205 for Stage 3 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 Services. 6.11 That in the event that the future Victoria Street extension is not constructed and open as a public road prior to the registration of the final stage of the plan of subdivision, the SUBDIVIDER shall submit a Letter of Credit for the cost of the construction of the permanent emergency access/walkway from Block 85 (Stage 1) to the Victoria Street extension to the satisfaction of the CITY's Director of Engineering Services prior to the registration of the final stage of the plan of subdivision. 6.12 The SUBDIVIDER agrees that prior to pre-servicing or the registration of Stage 1 of the plan whichever is first, that the CITY be in receipt of a registerable deed for the lands that would be the completion of the Winding Meadow Court cul-de-sac and the SUBDIVIDER shall be responsible for the design and construction of said road to the satisfaction of the CITY's Director of Engineering Services. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 4. DTS-03-149 - - 187- PROPOSED MODIFICATION TO DRAFT SUBDIVISION 30T-01202 SUNVEST DEVELOPMENT CORPORATION CITY INITIATED WEST-VICTORIA PARK CITY OF KITCHENER APPROVED PLAN OF WARD (CON'T) '6.13 The SUBDIVIDER agrees to establish a monito#ng program, acceptable to the City's Director of Engineering Services, for all pdvate wells on properties along the north side of Highland Road West between 1358 and 1500 Highland Road West inclusive, except for 1398 Highland Road West but including Future Development Block 19 (Stage 1) of plan of subdivision 30T-02205, pdor to the commencement of, and du#ng, development, and subsequent to development for a pedod of two (2) years from the date of the City's acceptance of the underground services related to Stages 2 and 3. The entire cost of the monitoring program shall be the responsibility of the SUBDIVIDER and the SUBDIVIDER of the adjacent plan of subdivision 30T-02205. The SUBDIVIDER further agrees that if, within the stipulated time frame, the installation of underground services or the construction of the subdivision causes the existing pdvate wells to be impacted to the degree of being unable to provide and appropriate and adequate supply of potable water, as determined by the monitoring program, the SUBDIVIDERS shall be responsible for providing a new water supply to any affected properties, either temporarily or permanently as the case may be, to the satisfaction of the City's Director of Engineedng Services. In the event that the properties of concern on the north side of Highland Road have municipal water service, the well monitoring program shall not be required. 2.2 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. *2. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Manager of Design and Development and shall obtain approval therefrom. 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 Services, with coordinate values and elevations thereon and submit for registration the plans showing the location of the monuments, their coordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. 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. 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 possible. - 188- CITY OF KITCHENER 4. DTS-03-149 - PROPOSED MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-01202 SUNVEST DEVELOPMENT CORPORATION CITY INITIATED WEST-VICTORIA PARK WARD (CON'T) *9. 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 Manager of Design and Development. (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 Manager of Design and Development or, in the case of parkland, the CITY'S Director of Operations; and *(e) to provide to the CITY'S Manager of Design and Development, a clearance letter from each of HYDRO and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. 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 Manager of Design and Development, 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 Manager of Design and Development; 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 4. DTS-03-149 - - 189- CITY OF KITCHENER 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 Manager of Design and Development; PROPOSED MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-01202 SUNVEST DEVELOPMENT CORPORATION CITY INITIATED WEST-VICTORIA PARK WARD (CON'T) 10. 11. 12. 13. 14. 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. The SUBDIVIDER shall satisfy the 5% parkland dedication for the entire subdivision by conveying Blocks 78 and 81 (Stage 1) to the CITY at no cost and free of encumbrance. The SUBDIVIDER shall have landscape plans for the stormwater management facilities prepared by an environmental professional acceptable to the CITY'S Director of Operations and to obtain therefrom, approval of such plans. The SUBDIVIDER shall prepare a detailed design in accordance with the requirements set out in the CITY's Subdivision Manual and the Grading, Erosion and Siltation Control Plan for the temporary and permanent emergency access to be located on Hydro One lands between Victoria Street and Block 85 (Stage 1) to the satisfaction of Hydro One, the CITY's Director of Operations and the CITY's Director of Engineering Services 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. 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) Blocks 76 and 77 for 0.3 metre reserve; b) Blocks 78 and 81 for park purposes; c) Block 80 for wetland/stormwater management purposes; d) Blocks 82 and 84 for open space/stormwater management purposes; e) Block 83 for open space purposes. STAGE 2 a) Block 25 for SWM facility access; b) Block 26 for 0.3 metre reserve. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 190- CITY OF KITCHENER 4. DTS-03-149 - PROPOSED MODIFICATION TO DRAFT SUBDIVISION 30T-01202 SUNVEST DEVELOPMENT CORPORATION CITY INITIATED WEST-VICTORIA PARK WARD (CON'T) APPROVED PLAN OF STAGE 3 a) Block 31 for 0.3 metre reserve. '15. That Street One shall be approp#ately named p#or to the registration of Stages 2 and 3. 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 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. 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." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 191- CITY OF KITCHENER That prior to any grading, the owner shall prepare a storm water management report to be submitted for approval for the entire draft plan of subdivision to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 4. DTS-03-149 - PROPOSED MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-01202 SUNVEST DEVELOPMENT CORPORATION CITY INITIATED WEST-VICTORIA PARK WARD (CON'T) That prior to the registration of Stage One of the plan, the owner shall prepare a noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from Regional Road No. 55 (Victoria Street), and if necessary, the owner shall enter into a registered 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. That the owner enter into an agreement with the City of Kitchener that no dwelling units in this plan of subdivision will be constructed with finished floor elevations greater than 377 MASL in order to maintain adequate water pressure. That the owner receive written confirmation from Hydro One indicating that they have no objection to the temporary and permanent emergency access extending across their property from Winding Meadow Court to Victoria Street and forward this confirmation to the Regional Commissioner of Planning, Housing and Community Services prior to the issuance of Regional Road Access Permits for each access respectively. That the owner submit a detailed design drawing to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services for the temporary emergency access to Highland Road and for the temporary and permanent emergency access at Victoria Street prior to the issuance of Regional Road Access Permits for each access respectively. 4. OTHER AGENCY CONDITIONS That prior to the commencement of any grading or construction on the site, and prior to registration of the plan, the SUBDIVIDER shall submit the following plans and reports to the satisfaction and approval of the Grand River Conservation Authority: a) A detailed Stormwater Management Report and plans in accordance with the 1994 Ministry of the Environment and Energy Report entitled "Stormwater Management Practices Planning and Design Manual" and in keeping with the Preliminary Stormwater Management Report outlined within the Environmental Impact Study (prepared by Planning and Engineering Initiatives Ltd. and Thompson Environmental Planning Design Ltd. dated July 5, 2002. b) A detailed Lot Grading, Servicing and 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. d) An application for Fill, Construction and Alteration to Waterways DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 192- CITY OF KITCHENER Regulation Permit pursuant to Ontario Regulation 149, as amended, prior to any construction within a wetland or floodplain of the Detweiler Greenway. 4. DTS-03-149 - PROPOSED MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-01202 SUNVEST DEVELOPMENT CORPORATION CITY INITIATED WEST-VICTORIA PARK WARD (CON'T) That prior to final approval of the plan for registration, the SUDIVIDER shall submit a lot grading and drainage plan, showing existing and final grades, to Hydro One for review and approval. Drainage shall be controlled and directed away from Hydro One property. That prior to the start of construction, the SUBDIVIDER shall install temporary fencing along the edge of lands owned by Hydro One at the SUBDIVIDER's cost. That following the completion of construction, the SUBDIVIDER shall install permanent fencing along lands owned by Hydro One at the SUBDIVIDER's cost. That Hydro One property is not to be used without the express written permission of Hydro One Networks Inc. During construction there will be no storage of materials or mounding of earth or other debris on the right-of-way. The proponent will be responsible for restoration of any damage to the right-of- way from construction of the subdivision. 6. That the costs of any relocations or revisions to Hydro One facilities that are necessary to accommodate this subdivision will be borne by the SUBDIVIDER. 5. CLEARANCE CONDITIONS '1. That prior to the signing of the final plan by the City's Manager of Design and Development, the Director shall be advised by the Regional Commissioner of Planning, Housing and Community Services that Conditions 3.1-3.8 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. *2. That prior to the signing of the final plan by the City's Manager of Design and Development, the Director shall be advised by the Grand River Conservation Authority that Condition 4.1 has been carried out to the satisfaction of the GRCA. The clearance letter from the GRCA shall include a brief statement detailing how the condition has been satisfied. *3. That prior to the signing of the final plan by the City's Manager of Design and Development, the Director shall be advised by Hydro One that Conditions 4.2 to 4.6 have been carried out to the satisfaction of Hydro One. The clearance letter from Hydro One shall include a brief statement detailing how the condition has been satisfied. *4. That prior to the signing of the final plan by the City's Manager of Design and Development, the Director shall be advised by Kitchener-Wilmot Hydro that Conditions 2.2.5 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 193- CITY OF KITCHENER *5. That prior to the signing of the final plan by the City's Manager of Design and Development, the Director shall be advised by the telephone companies that Conditions 2.2.6 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. DTS-03-149 - PROPOSED MODIFICATION TO DRAFT SUBDIVISION 30T-01202 SUNVEST DEVELOPMENT CORPORATION CITY INITIATED WEST-VICTORIA PARK WARD (CON'T) APPROVED PLAN OF 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 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 Development and Technical Services Department of any changes in ownership, agent, address and phone number. Fees 4. The owner/developer is advised that the City of Kitchener and the Regional Municipality of Waterloo have adopted By-Laws, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. Approvals for Servicing Systems 5. 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. Stormwater Management 6. 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, are submitted to the Ministry of the Environment for approval. Sewage System 7. 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 194- CITY OF KITCHENER Planning Act Applicability 8. 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). DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 4. DTS-03-149 - - 195- PROPOSED MODIFICATION TO DRAFT SUBDIVISION 30T-01202 SUNVEST DEVELOPMENT CORPORATION CITY INITIATED WEST-VICTORIA PARK WARD (CON'T) CITY OF KITCHENER APPROVED PLAN OF Regional Servicing Agreement 9. The owner/developer is advised that draft approval is not a commitment by The Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Engineering to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. Registration Release 10. 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. Hydro Lands 11. 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 energised 500 kV 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 can raise and lower without warning, depending on the electrical demand placed on the line. Final Plans - Subdivision 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 Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 196- CITY OF KITCHENER 4. DTS-03-149 - PROPOSED MODIFICATION TO DRAFT SUBDIVISION 30T-01202 SUNVEST DEVELOPMENT CORPORATION CITY INITIATED WEST-VICTORIA PARK WARD (CON'T) APPROVED PLAN OF 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 modification is proper planning for the City." DTS-03-150 - CITY LANDS ADJACENT TO 130 WEBER STREET WEST AGREEMENT RE: REMOVAL OF UNDERGROUND STORAGE TANKS BRIDGEPORT-CENTRE WARD The Committee was in receipt of Development & Technical Services Department report DTS-03- 150 dated August 29, 2003 pertaining to removal of underground storage tanks and associated soil cleanup on City property and on the adjacent property known as 130 Weber Street West. Mr. R. Shamus summarized the purpose of the report noting that staff were requesting authority to enter into negotiations with the adjacent owner to reach agreement respecting this matter. On motion by Councillor J. Smola - it was resolved: "That the Director of Engineering be authorized to enter into negotiations for the removal of the UST on the City's lands adjacent to 130 Weber Street West, in conjunction with the removal of the similar tank on the named property; and, That upon completion of the negotiations, an agreement between the land owner and the City, satisfactory to the City Solicitor be prepared; and, That the Mayor and City Clerk be authorized to sign the agreement on behalf of the City; and further, That the Director of Engineering be authorized to include the cost of the UST removal and associated soil cleanup in the 2004 capital budget." DTS-03-151 - SANITARY UTILITY The Committee considered Development & Technical Services Department report DTS-03-151 dated August 27, 2003 dealing with management of the City's Sanitary Utility. Mr. G. Stewart summarized the content of the report and pointed out that the intent was to create a formal cross-functional team and clearly define roles, responsibilities and accountabilities following which the team would work together to carry out planning, design, budgeting and operation of the sanitary revenue system. He indicated that he would have overall responsibility for the function. On motion by Councillor J. Gazzola - it was resolved: "That Development and Technical Services Department report DTS-03-151 (Sanitary Utility) be received as information; and further, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 197- CITY OF KITCHENER That a cross-departmental staff team from Engineering, Operations and Finance be created to manage the Sanitary Utility within the City of Kitchener." DTS-03-155 - NOTICE OF MOTION TO RECONSIDER ZONE CHANGE APPLICATION ZC 031131FICB 447 FREDERICK STREET - WAYNE COOK BRIDGEPORT-CENTRE WARD The Committee considered Development & Technical Services Department report DTS-03-155 dated August 29, 2003 dealing with Zone Change Application ZC 03/13/F/CB (447 Frederick Street - Wayne Cook) which was approved in resolution form at the Council meeting held August 25, 2003. Mr. L. Masseo advised that staff considered the zone change to be minor and accordingly, preliminary circulation was waived. However the Region of Waterloo has indicated concern with respect to the possibility of onsite contamination and is now requesting a record of site condition be provided by the applicant, prior to the zone change being allowed to proceed. Accordingly, it was suggested that Council may wish to reconsider this zone change approval at it's meeting of September 15, 2003 but in order to do so a notice of motion to reconsider would have to be given at this meeting. Councillor J. Smola indicated that he would be willing to give notice of motion to reconsider but asked that the region be contacted and asked to appear at the September 15th Council meeting to make their case in this regard. NOTICE OF MOTION Councillor J. Smola gave notice of motion that at the September 15, 2003 Council meeting he would introduce a motion for reconsideration of Council's August 25, 2003 approval of Zone Change Application ZC 03/13/F/CB. CRPS-03-165- CITY OWNED PARKLAND ADJACENT TO 90 WOODSlDE AVENUE ENVIRONMENTAL SITE ASSESSMENT WEST-VICTORIA PARK WARD The Committee was in receipt of Development & Technical Services Department report DTS-03- 165 dated September 8, 2003 dealing with an environmental site assessment respecting City owned parkland adjacent to 90 Woodside Avenue. Attached to the staff report was a report titled "Phase II, Environmental Site Assessment at the City of Kitchener - Woodside Park and Highland Courts Park" dated August 2003 prepared by Frontline Environmental Management Inc. Ms. L. MacDonald, City Solicitor, distributed the staff report and a summary copy of the Environmental report to the Committee as well as a full copy of the Environmental Consultant report to the Clerk to make available for public viewing upon request. She summarized aspects of the report as they relate to City lands and advised that the consultant was satisfied there was no risk to the public pertaining to this matter. Ms. MacDonald advised the Committee that the recommendation in the staff report reflected the content of the consultant's report as well as staff recommendations. In reference to an enquiry by Mayor C. Zehr it was confirmed that there was no risk to the public provided nothing was done to disturb the subsoils. On motion by Councillor J. Gazzola - it was resolved: "That Council receive for information a copy of the Phase II Environmental Site Assessment Report dated August, 2003 pertaining to City owned land at Woodside Park and Highland Courts Park prepared by Frontline Environmental Management Inc.; and, That the City Solicitor be directed to notify the current and former owners of 90 Woodside Avenue as to the findings of said Report and place them on notice as to the City's expectations that these parties will conduct further study of the conditions at 90 Woodside Avenue and City lands to characterize the problem and then undertake to remediate the situation; and, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 198- CITY OF KITCHENER 8. CRPS-03-165- CITY OWNED PARKLAND ADJACENT TO 90 WOODSlDE AVENUE ENVIRONMENTAL SITE ASSESSMENT WEST-VICTORIA PARK WARD (CON'T) That the City Solicitor file a complaint with the Ministry of Environment Guelph District Office regarding a discharge of a contaminant from the adjoining property at 90 Woodside Avenue; and further, That staff be directed to monitor the borehole located at MW-2 on an annual basis until corrective action is complete." 9. DTS-03-158 - POWER OUTAGE EMERGENCY The Committee considered Development & Technical Services Department report DTS-03-158 dated August 29, 2003 commenting on the handling and experiences with respect to the power outage emergency on August 14, 2003. Mr. G. Stewart advised that the report had been prepared as information and proceeded to comment on some of the issues that were learned arising from the emergency. On motion by Councillor J. Smola - it was resolved: "That Development and Technical Services Department report DTS-03-158 (Power Outage) be received as information." 10. DTS-03-156 - GRAND RIVER BOULEVARD AND MORRISlON ROAD TRAFFIC ISSUES CHICOPEE-GRAND RIVER WARD The Committee was in receipt of Development & Technical Services Department report DTS-03- 156 dated August 29, 2003 in which staff recommend the installation of temporary 40km/h speed control signs on Grand River Boulevard and Morrison Road. Councillor B. Vrbanovic was of the view that in addition to the speed reductions, traffic calming measures should be taken to enhance safety on both streets and in this regard suggested that temporary rubber speed humps be installed as soon as possible. Mr. J. McBride commented on the volume of traffic the streets were handling as a result of the closure of the Grand River Bridge on King Street East and noted that if the speed humps were acquired and subsequently removed once the bridge reopens, the purchase would not be a lost investment as they could be installed elsewhere. He indicated that the speed humps could be purchased and installed in 7 to 10 days with 2 being placed on Grand River Boulevard and 1 on Morrison Road. Mr. McBride indicated that the cost of the speed humps would be approximately $10,000 dollars. The Committee indicated that staff had prepared a traffic calming report several years ago and suggested that this report be retrieved for further consideration and a more formalized policy be developed with respect to approaches to traffic calming. On motion by Councillor B. Vrbanovic - it was resolved: "That the traffic study results outlined in Development and Technical Services Department report DTS-03-156 be forwarded to Waterloo Regional Police for enforcement of the speed limit; and, That two (2) temporary speed bumps and temporary 40 km/h Speed Control signs be installed on Grand River Boulevard between River Road East and Morrison Road; and, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 8~ 2003 - 199- CITY OF KITCHENER 10. DTS-03-156 - GRAND RIVER BOULEVARD AND MORRISlON ROAD TRAFFIC ISSUES CHICOPEE-GRAND RIVER WARD (CON"T) That one (1) temporary speed bump and temporary 40 km/h Speed Control signs be installed on Morrison Road between Grand River Boulevard and Quinte Crescent; and further, That Transportation Planning continue to monitor this area with regards to speeding and vehicular volume." On motion by Councillor B. Vrbanovic, it was agreed to refer the above recommendation pertaining to Grand River Boulevard and Morrison Road for consideration of ratification to the Special Council meeting which will reconvene this date after the conclusion of the Development and Technical Services Committee meeting. On motion by Councillor G. Lorentz - it was resolved: "That transportation planning staff prepare a comprehensive report detailing all options available to implement traffic calming in neighbourhoods to address vehicular speeding / aggressive driving in order to enhance the safety of both pedestrians and drivers; and further, That the staff report be considered by the Developmental and Technical Services Committee at a future meeting." 11. New Business Councillor G. Lorentz advised that a fax had been received respecting National Antenna Tower Policy which he indicated that he would forward to staff for their consideration. 12. Adiournment On motion, the meeting adjourned at 8.29 p.m. L.W. Neil, AMCT Assistant City Clerk