HomeMy WebLinkAboutCouncil Minutes - 2000-02-28FEBRUARY 28, 2000
COUNCIL MINUTES
CITY OF KITCHENER
The Council of the City of Kitchener met this date with all members present.
The meeting began with the singing of "O Canada" by the Sheppard Public School Grades 5-6 Choir
under the direction of Jane Arthrell. Councillor K. Taylor-Harrison thanked the choir for their rendition
of the National Anthem.
On motion by Councillor Jake Smola, the minutes of the regular meeting held February 14, 2000 and
special meeting held February 21, 2000, as mailed to the Mayor and Councillors, were accepted.
COMMUNICATIONS REFERRED DIRECTLY TO FILE-
(1)
Correspondence from Honourable Michael D. Harris, Premier, acknowledging receipt of Council's
January 31, 2000 resolution concerning reinvestment in transit capital infrastructure.
(2)
Correspondence from Ted Arnott, MPP, Waterloo-Wellington, acknowledging receipt of Council's
recent resolution on the review of options for municipal restructuring.
(3)
Correspondence from Honourable Elizabeth Witmer, MPP, acknowledging receipt of Council
resolutions concerning capital investment in public transit and the review of options for municipal
restructuring.
Mr. Larry Gordon, Manager of Purchasing, appeared as a delegation with respect to the tender listed on
the Committee of the Whole agenda. He asked that Council consider an additional tender T00-017
described in a memorandum dated February 23, 2000 distributed this date.
Moved by Councillor J. Ziegler
Seconded by Councillor G. Lorentz
"That Tender T00-011, Fine Papers, be awarded to Empire Fine Papers Inc., Kitchener, at
their tendered price of $71,716.80 plus G.S.T. and P.S.T."
- and -
"That Tender T00-017, Self Propelled Ice Resurfacer, be awarded to Frank J. Zamboni & Co.
Ltd., Brantford, at their tendered price of $57,175., less $20,000. for trade in of a 1988
Zamboni model 400-3893, plus G.S.T. and P.S.T."
Carried.
Mr. Leon Bensason appeared as a delegation with regard to the "2000 Mike Wagner Heritage
Awards".
Moved by Councillor J. Haalboom
Seconded by Councillor T. Galloway
"That the report of Heritage Kitchener (Local Architectural Conservation Advisory Committee)
be adopted."
Carried.
Mr. Bensason provided a visual overhead presentation of the properties that have received the 2000
Mike Wagner Heritage Awards and noted that this presentation would be on the City's website by the
end of the week. The Awards were presented by Mayor C. Zehr, Councillor J. Haalboom and Mrs. P.
Wagner to:
John and Lorna Ferguson
Gary Adam, Pioneer Craftsmen
19 Roland Street
Award of Merit
Rev. Allan Scharlach
Mrs. Cathy Schneider, Trustee
St. Paul's Lutheran Church
Outstanding Achievement Award
John Vos (representing Peter Vos)
David Parrish, Architect
Linda and Jim Chelski, owners
39 Doon Valley Drive
Outstanding Achievement Award
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Councillor J. Haalboom expressed appreciation to staff members for their work in regard to these
Awards and noted that Kitchener was the first municipality to have such visual presentation of
heritage awards on its website.
Ms. Marie Morrison, Trudy Beaulne and Susan Allen appeared as a delegation to present Compass
Kitchener 'Kitchen Table Talks' report dated February 2000 prepared by the Social Planning Council
of Kitchener-Waterloo. Ms. Morrison introduced the topic and Ms. Beaulne provided brief remarks
with regard to reasons for the Social Planning Council's participation in the undertaking. Ms. Allen
then explained how the discussions were approached and outlined statistics on the profile of the
participants. An overhead presentation was given that outlined the questions that were asked, points
as to what was valued, visions for the future and critical issues identified. Participants stressed a
need for balance as a principle of a healthy community. They also revealed that there were divergent
points of view expressed by core area residents as opposed to non-core area residents and placed a
strong value on a sense of belonging and desire for citizen involvement in the development of policy.
Councillors K. Taylor-Harrison and J. Haalboom expressed appreciation to the volunteers and co-
ordinators for their work in support of the Compass Kitchener project. Mayor C. Zehr advised that the
second part of the Compass Kitchener roundtable would be taking place March 3 and 4 and Ms.
Morrison advised that further public consultation would be undertaken.
Ms. Linda Homeniuk, Homeniuk Rides Inc., appeared as a delegation in support of Clause 3 of the
Finance and Administration Committee report dealing with the holding of a midway at 245 Strasburg
Road. In response to Councillor J. Ziegler, Ms. Homeniuk indicated that the midway would be located
at the far end of the property closest to the Expressway rather than Ottawa Street.
Councillor T. Galloway indicated that he was going to vote against the Committee recommendation
on the basis that it was inappropriate to operate a midway so frequently at that location.
Moved by Councillor J. Ziegler
Seconded by Councillor G. Lorentz
"That Clause 3 of the report of the Finance and Administration Committee be adopted."
Carried.
A delegation of Waterloo Regional Police Services officials composed of Chief Larry Gravill, Deputy
Chief Roger Hollingworth, Superintendent Brian Koepke, Superintendent Bill Stevens, Inspector Brian
Doherty and Drazen Manojlovic, Research Analyst, attended to make a presentation on the impact of
policing services in Kitchener following the approval of an increase in the officer complement.
Chief Gravill noted that their comments would be focusing on staffing issues and resources for the
years 2000 and 2001. Deputy Chief Hollingworth referenced the significant changes that the
organization has undergone and the increasing demands and needs of the region as a growing
community. He explained how policing functions have been impacted from a number of areas, the
effect on resources and current inability to address certain programs. He stressed that there currently
was an urgent need for the additional staff complement and that it would take two years to increase
the numbers in the force to the new level that would still be well below the Provincial per capita
average.
Mr. D. Manojlovic noted that the ratio of population per police officer was 800 to 1 which was the
highest ratio in the history of the Waterloo Police Service. He noted that while the region's population
has increased, the number of police personnel has decreased. Mr. Manojlovic stated that because of
inadequate staffing levels, officers are continually in a re-active mode rather than engaging in
community-based pro-active functions. Superintendent B. Koepke's comments provided an insight
into the effect of infusion of additional police personnel and benefits but noted that the infusion would
handle only existing, current needs. He then outlined how the additional police resources would be
allocated within Kitchener.
Members of the delegation responded to a number of questions from Council that addressed staffing,
traffic enforcement, visible community presence, selective enforcement, the break-in squad and inter-
divisional staff support.
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Mr. Brian Goudeseune, Ministry of Transportation of Ontario, appeared with a delegation to provide a
brief summary of the results of the Highway No. 7 Environmental Assessment Review. He made
background comments on the project from 1997 and referenced the concerns expressed toward the
project in December 1998 and January 1999. As a result of these concerns, the Ministry took a
second look at key issues relating to the highway project and reviewed and re-assessed the need for
it. He noted that in January 2000 the Ministry had hosted a workshop with certain stakeholders and
had met individually with affected landowners in advance of holding public information sessions. The
delegation displayed large-scale maps outlining possible locations, discussed traffic volumes and
growth which is actually ahead of previous projections, and noted that only a controlled access
highway could satisfy demand. It was pointed out that carpooling and increased public transit
utilization could achieve very small reductions in vehicular traffic but that increases in non-automobile
transportation alternatives did not negate the need for a new highway. Details of environmental
considerations were presented and the efforts that have resulted in lessening the impact of the
highway on wetlands by 48 percent. It was noted that the Ministry is holding public information
sessions in Guelph and Kitchener on March 1 and 2, 2000 respectively.
A number of questions were raised by Members of Council. The delegation responded in respect to
the location and angle of the new highway's rivercrossing to Kitchener, the constraints on both ends
of the highway that require it to locate north of existing Highway No. 7, the modified alignment
mitigating the effects of the project on wetlands, highway location in relation to the active agricultural
community and the concern of the Federation of Agriculture that a short-term solution might be
sought rather than a long-term one.
Mr. Reinhold Dresler, owner and operator of Pioneer Youth Services, appeared as a delegation in
regard to Clause 3 of the Planning and Economic Development Committee report which recommends
refusal of applications for Municipal Plan amendment and zone change at the property known
municipally as 230 East Avenue. He requested that Council not accept the Committee
recommendation. Mr. Dresler commented on the distance separation requirement between group
homes, the fact that there was only one group home in the area, the clientele that his company
serves, future residents already living near a public school without any problem and indicated a
willingness to accept any limitations Council might wish to impose. Finally, he suggested Council
should address the issue of the large differences relating to group homes within the Zoning By-law.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That Clause 3 of the Planning and Economic Development Committee report of this date be
adopted."
Carried.
Mayor C. Zehr advised that prior to consideration of Clause 4 of the Planning and Economic
Development Committee report dealing with Grand River South, several delegations were in
attendance to comment on the Waterloo Regional Airport Draft Master Plan. He noted that
Councillors B. Vrbanovic and Jake Smola intend to introduce a series of motions after the delegations
have been heard.
Mr. Kevin Bechard appeared as a delegation representing the R.E.A.S.O.N. Association that is
composed of residents from Lackner Woods, Idlewood, Stanley Park and Chicopee areas of the city
and noted that the organization was an active participant in Airport expansion proposals. Mr.
Bechard advised that their purpose was to request Council to support the position already advanced
by the Association and convey that support to the Region of Waterloo prior to March 8 when the
Regional Engineering Committee was scheduled to deal with the draft Master Plan. He noted that the
Association supports a 300 ft. extension of Runway 7125 and reviewed the key points of their request
that had been raised at the February 21, 2000 Planning and Economic Development Committee
meeting. Mr. Bechard responded to questions raised by several members of Council in respect to
extension of the runway, noise mitigation, operational controls and the need for a number of
operational issues to be addressed.
Mr. Bud Witter appeared as a delegation representing Airport businesses in regard to the draft Master
Plan. He commented that residents' fears were misplaced on issues of larger aircraft, runway
extension and noise mitigation measures. In response to questions from Council, Mr. Witter advised
that lengthening of the runway would address an accelerated stop distance issue and that because of
the pavement/weight rating of the runway; any extension would not allow use by heavier planes. On
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the issue of night restrictions and landing, Mr. Witter commented on the necessity to utilize runways
according to prevailing winds and pointed out that what was involved was a safety issue. Further, he
commented that any form of night restrictions would effectively shut the Airport down at night and
advised that there were no restrictions at Airports in London, Hamilton and Oshawa.
Mr. Barry Aylward, Bloomingdale, commented that he had been involved with the Airport Advisory
Committee and the Noise Management Committee. He suggested that Council's 1998 resolution on
the Airport was flawed but pointed out that it did result in formation of the Noise Management
Committee. He commented that the Airport was a regional facility and that a committee was
established and structured according to Transport Canada guidelines. He referred to the draft
resolutions which Councillors B. Vrbanovic and Jake Smola were going to introduce this date and
pointed out that those issues were debated by the Region's committees. It was his view the
proposed resolutions were a corruption of due process and that by considering them, Council would
discredit the work and decisions of those who participated on the Airport committees. He suggested
that the only resolution Council should be considering would be to support the implementation of all
the noise management recommendations and to request the Region to fast track the purchase of an
instrument landing system. In response to questions, Mr. Aylward advised that the noise issue was
too subjective at this point to base decisions on and it would be better if that took place after
appropriate monitoring equipment was in place which would then allow for development of solutions.
Mr. Wilf Park, Cambridge, advised that he was a citizen appointee from the City of Cambridge to the
Airport Noise Management Committee. He expressed disappointment at the necessity to be at this
meeting given that two Councillor members of the Committee had brought draft motions forward
directly to Council. He then reviewed his position relative to each of the draft motions to be
introduced by Councillors B. Vrbanovic and Jake Smola.
Mr. Stewart Thomas appeared as a delegation and commented on the question of an extended
runway and noted that it was the view of Dr. Gillens that noise reduction would not be achieved by the
extended runway and that there would not be any great economic benefits to the community from the
runway extension. Accordingly, he asked that the 1500 ft. runway extension be opposed. In
response to questions from Council, he indicated that night time landings were the greatest source of
resident complaints and that residents had never received a response to questions regarding issues
of aircraft weight and required take-off length.
Messrs. John Hammer, Dave Hunter and Kevin Eby appeared as a delegation respecting the draft
Waterloo Airport Master Plan. Mr. Hammer indicated that the 1500 ft. runway extension proposal had
been considered in terms of benefits, safety, reliability, cost effectiveness and better efficiencies for
customers. Mr. Eby dealt with the question of whether an amendment to the ROPP was required to
implement the Airport Master Plan and commented that the actual draft Airport Master Plan did not
require a ROPP Amendment. However, he suggested there is a need to provide for public input
should there be changes to the airport. He further stated that the runway extension proposal does
not change the nature of the airport either from a capacity or utilization point of view. However, he
also stated that should there be significant changes that would change the function of the airport, that
there should be a ROPP Amendment. Members of Council then posed a number of questions to
Messrs. Hammer, Eby and Hunter in reference to some of the draft motions that were to be
introduced. In response to Councillor B. Vrbanovic, Mr. Hammer provided statistical data on night-
time runway usage. Comments were forthcoming on noise standards and monitoring systems as well
as the weight issue respecting runway utilization and frequency of flights. Mr. Hunter maintained that
night-flight restrictions send out the message that the airport was closed at night.
At the request of Mayor C. Zehr, Councillors provided comments only on areas of concern with
respect to the proposed motions prior to their introduction by Councillors B. Vrbanovic and Jake
Smola.
It was requested that recorded votes be taken on all of the proposed motions.
Moved by Councillor Jake Smola
Seconded by Councillor B. Vrbanovic
"That notwithstanding the motion of December 14, 1998, Kitchener City Council once again
voice its concern to the Regional Municipality of Waterloo and the Manager of the Waterloo
Regional Airport in regard to the current operations of the Waterloo Regional Airport resulting
in Iow altitude flights over the residential areas on the east side of the Kitchener; and, that the
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following series of motions form Council's current response to the Waterloo Regional Airport
Draft Master Plan dated February 3, 2000."
Carried Unanimously.
Moved by Councillor Jake Smola
Seconded by Councillor B. Vrbanovic
"That Kitchener City Council endorse the following recommendations, as written, with respect
to the Waterloo Regional Airport Master Plan:
· Mitigate airport noise through changes to the published noise abatement procedures as
recommended by the Aeronautical Noise Management Team and approved by the Airport
Advisory Committee, Regional Council and Transport Canada;
· Upgrade the existing passenger terminal building to accommodate the needs of regular
scheduled passenger service. The Region should pursue a shared funding strategy with all
carriers;
· Make additional airside leased property available to allow the private sector and individuals
to construct hangars and aviation related operations;
· Undertake studies to deal with the future demand for water supply and wastewater services;
· Leave the management structure and administration under the present Regional
organization and political governance system;
· Update the Airport Master Plan every 5 years."
Carried Unanimously.
Moved by Councillor B. Vrbanovic
Seconded by Councillor Jake Smola
"That Kitchener City Council endorses the recommendation to implement a noise monitoring
and management system; and,
That as it is in the community's interest to do this as soon as possible, Kitchener City Council
requests that the Council of the Regional Municipality of Waterloo consider waiving its normal
purchasing policy and sole-source the product, with the equipment to be installed by June 30,
2000; and further;
That the noise measurements obtained during the first year of operating the noise monitoring
and management system be used to establish and implement benchmarks and community
standards considering traffic volumes and single event noise levels; with these benchmarks
and standards inserted in the Airport Master Plan and implemented by Airport management
staff in making operational decisions on the implementation of the Master Plan."
Carried Unanimously.
Moved by Councillor B. Vrbanovic
Seconded by Councillor Jake Smola
"Be it resolved that as further noise management procedures, the Council of the City of
Kitchener requests:
1) that the Regional Municipality of Waterloo immediately implement a night-time flight
restriction for landings on Runway 07, and take-offs on Runway 25 between 11pm and 7am
daily, except for medical emergencies and industrial emergencies with prior approval of the
airport manager or delegate; and,
2) That the Regional Municipality of Waterloo requests that NavCanada direct pilots towards
landings on Runway 25, and take-offs on Runway 07 whenever weather and wind
conditions permit during daytime hours in order to further minimize traffic over residential
areas in east Kitchener; and,
3) That the Regional Municipality of Waterloo set fines and penalties to be imposed if the
above restriction is not adhered to."
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In Favour: Councillors B. Vrbanovic, Jake Smola, T.
Galloway and J. Ziegler.
Contra: Mayor C. Zehr and Councillors K. Taylor-
Harrison, M. Yantzi, John Smola, J. Haalboom, G.
Lorentz and C. Weylie
( Motion Lost )
Moved by Councillor Jake Smola
Seconded by Councillor B. Vrbanovic
"That Kitchener City Council endorses the recommendation that the Regional Municipality of
Waterloo install an Instrument Landing System (ILS) on Runway 07 and change the published
procedures in Canada Air Pilot to ensure pilots use the ILS; and,
That Council further endorses a three-hundred foot (300 ft) runway extension to accommodate
the ILS installation, and requests that both projects be included in the Region's 2001 Capital
Forecast as priority installation projects for that year; and further,
That Kitchener Council also requests that since this project may be eligible for Federal
infrastructure funding, the installation be considered a priority project by the Region, utilizing
this funding where available, and that installation occur in 2000, or at the latest in 2001 ."
Carried Unanimously.
Moved by Councillor Jake Smola
Seconded by Councillor B. Vrbanovic
"That since the Airport is a significant transportation facility which is protected by Provincial
policy, and the Airport is an important component of the Regional economy, Kitchener City
Council requests that the Council of the Regional Municipality of Waterloo amend the Regional
Official Policies Plan (ROPP) by revising Clause 11.10.1 and adding Clause 11.10.2 consistent
with Section 9.3 of the Master Plan (as amended), with this being a priority in the year 2000
ahead of the scheduled ROPP review."
Carried Unanimously.
Moved by Councillor Jake Smola
Seconded by Councillor B. Vrbanovic
"That Kitchener City Council endorses the recommendation that any future changes to the
2000 Airport Master Plan which would result in the development of new runways, significant
extension of existing runways, or increases in the pavement load rating or code rating of the
airport, will only be implemented following recognition of such change through amendment to
the Regional Official Policies Plan."
In Favour: Mayor C. Zehr and Councillors Jake
Smola, B. Vrbanovic, T. Galloway, J. Ziegler and M.
Yantzi.
Contra: Councillors G. Lorentz, K. Taylor-Harrison,
John Smola, C. Weylie and J. Haalboom.
Motion Carried.
Moved by Councillor Jake Smola
Seconded by Councillor B. Vrbanovic
"Be it resolved that the Council of the City of Kitchener does not support a further 1500 foot
extension of runway 07/25 without it being considered as an amendment to the Regional
Official Policies Plan, and as such we request that no application to the Township of Woolwich
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or the Federal government be forwarded for the runway extension until the proposal is dealt
with through an official ROPP amendment."
In Favour: Councillors Jake Smola, B. Vrbanovic, J.
Ziegler and M. Yantzi.
Contra: Mayor C. Zehr and Councillors K. Taylor-
Harrison, John Smola, J. Haalboom, T. Galloway, G.
Lorentz and C. Weylie.
( Motion Lost )
Moved by Councillor B. Vrbanovic
Seconded by Councillor Jake Smola
"That Kitchener City Council again requests that the Regional Municipality of Waterloo move
toward operating the Airport on a break-even basis, both in terms of operational and capital
dollars, and that any present or future initiatives should be implemented in a manner consistent
with that objective."
In Favour: Mayor C. Zehr and Councillors K. Taylor-
Harrison, M. Yantzi, John Smola, Jake Smola, B.
Vrbanovic, J. Haalboom, J. Ziegler and G. Lorentz.
Contra: Councillors C. Weylie and T. Galloway.
Motion Carried.
Moved by Councillor B. Vrbanovic
Seconded by Councillor Jake Smola
"That Kitchener City Council requests that the Waterloo Regional Airport Noise Management
Committee increase its complement by three additional residents from the east side of the City of
Kitchener to allow better representation of the residents who are most affected by Airport
operations."
In Favour: Councillors B. Vrbanovic, Jake Smola, M.
Yantzi, J. Ziegler, K. Taylor-Harrison and T. Galloway.
Contra: Mayor C. Zehr and Councillors John Smola, J.
Haalboom, C. Weylie and G. Lorentz.
Motion Carried.
Moved by Councillor J. Ziegler
Seconded by Councillor G. Lorentz
"That the Council meeting be extended one-half hour past midnight."
Carried Unanimously.
Mr. Paul Britton, MacNaughton, Hermsen, Britton, Clarkson Planning Ltd., appeared as a delegation on
behalf of land owners to express support of Clause 4 of the Planning and Economic Development
Committee report dealing with the Grand River South Community Plan, Subdivision Applications and
related Municipal Plan and Zone Change Amendments. Mr. Britton referenced the February 28, 2000
memorandum tabled this date from Mr. J. Willmer respecting revised wording of subdivision clauses and
confirmed he was in agreement as there was no substantive change as a result of the revisions.
Mr. Stewart Thomas again appeared as a delegation and indicated that he was in favour of the Grand
River South Community Plan but that his main concern was noise arising from airport operations and in
particular, that such noise may increase in future. He questioned the fact that there were no regulations
to prevent future noise increases from airport operations and also questioned the policy of protection of
the airport rather than residents. He suggested that the Region should impose its own standards as to
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noise contours. Mr. Thomas was opposed to the proposed warning signage about airport operations on
the basis that it would have a negative impact on property values in the neighbourhood. In summary, he
asked that operational controls be placed on the airport to prevent noise and that provisions be
eliminated that would permit increases in noise.
Mr. Paul Puopolo, Planning and Engineering Initiatives Limited, appeared as a delegation on behalf of
abutting property owners (Rockway Holdings Limited, Grand River Conservation Authority, Mr. & Mrs.
Huber) and advised that he was in support of the Committee recommendation.
Councillor C. Weylie then introduced Clause 4 of the Committee report. On motion by Councillor C.
Weylie, seconded by Councillor M. Yantzi, it was agreed to amend Clause 4 to provide for inclusion of
the additional housekeeping revisions throughout the subdivision applications as to numbering and
wording of conditions, as detailed in the February 28, 2000 memorandum and attachment from Mr. J.
Willmer as well as any other minor modifications required by the Legal Department and to attach the
Grand River South Community Plan, Municipal Plan Amendment and related Plans of Subdivision as
Appendices to these minutes.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That Clause 4, as amended, of the Planning and Economic Development Committee report be
adopted."
Councillors Jake Smola and J. Haalboom were opposed to use of the lands for residential purposes.
A recorded vote was requested on Clause 4.1 ) b) and on the balance of Clause 4 of the report.
Clause 4.1 ) b)
In Favour: Mayor C. Zehr and Councillors M. Yantzi,
J. Ziegler, K. Taylor-Harrison, G. Lorentz, B. Vrbanovic,
T. Galloway, C. Weylie and John Smola.
Contra: Councillors Jake Smola and J. Haalboom.
Motion Carried.
Balance of Clause 4
In Favour: Mayor C. Zehr and Councillors M. Yantzi,
J. Ziegler, K. Taylor-Harrison, G. Lorentz, B. Vrbanovic,
T. Galloway, C. Weylie and John Smola.
Contra: Councillors Jake Smola and J. Haalboom.
Motion Carried.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That the report of the Planning and Economic Development Committee of Council be adopted."
Voted on Clause by Clause.
Clause 3 - Dealt with Under Delegations and
Carried Unanimously.
Clause 4 - Dealt with Under Delegations and
Carried, as amended.
Balance of report - Carried.
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Moved by Councillor G. Lorentz
Seconded by Councillor T. Galloway
"That the report of the Community Services Committee be adopted."
Carried.
Moved by Councillor J. Ziegler
Seconded by Councillor K. Taylor-Harrison
"That the report of the Finance and Administration Committee be adopted."
Councillors B. Vrbanovic and M. Yantzi disclosed a pecuniary interest and abstained concerning Clause
2 of the report. Also in respect to Clause 2, Councillor C. Weylie referred to a memorandum she had
distributed and stated that she was opposed to Clause 2.
Mayor C. Zehr ruled an amendment proposed by Councillors J. Ziegler and K. Taylor-Harrison that
would refund fees only on those bingo events where losses were incurred on the event, as contrary to
Clause 2 and the amendment was not considered.
Voted on Clause by Clause.
Clause 2 - Carried.
Clause 3 - Dealt with Under Delegations and
Carried.
Balance of report - Carried.
Recorded Pecuniary Interests and Abstentions:
Clause 2 - Councillor B. Vrbanovic as he is a member
of a Board of an organization that would be affected
and Councillor M. Yantzi as he is employed by
Community Justice Initiatives.
NOTICE OF MOTION
Councillor J. Ziegler gave notice that at the March 20, 2000 regular Council meeting, he would introduce
a Motion for Reconsideration relative to Council's February 14, 2000 decision to conduct a salary and
classification survey for certain employee groups. Councillor Ziegler requested that staff circulate the
February 14, 2000 resolution with the March 20 Council agenda.
At the February 21, 2000 special Council meeting, Councillor K. Taylor-Harrison gave notice that she
would re-introduce at this meeting a motion that was put forward at the February 7, 2000 special Council
meeting concerning a faCade restoration of city-owned property at 156-158 King Street West, which was
lost on a tie vote.
Moved by Councillor K. Taylor-Harrison
Seconded by Councillor J. Ziegler
"That 156-158 King Street West continue to be marketed for sale and if, after one month, no
Offers to Purchase have been received, staff be authorized to undertake a faCade restoration of
the city-owned property as recommended by Wayne Pearce, Loans/Incentives Co-ordinator."
Carried.
Councillor John Smola requested to be recorded as opposed to the motion respecting 156-158 King
Street West.
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Moved by Councillor J. Ziegler
Seconded by Councillor G. Lorentz
"That the Council meeting be extended an additional ten minutes."
Carried Unanimously.
Councillor J. Haalboom suggested the Mayor write a letter of congratulations respecting the recent Gold
Cup soccer win by Canada.
Moved by Councillor J. Haalboom
Seconded by Councillor B. Vrbanovic
"That Mayor C. Zehr write a letter of congratulations in recognition of the Canadian Men's Team
winning the Gold Cup Soccer Tournament in Los Angeles."
Moved by Councillor John Smola
Seconded by Councillor J. Haalboom
"That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Carried.
To further amend By-law
motor vehicles on private
To further amend By-law
fire routes and to prohibit
No. 88-170 being a by-law to prohibit unauthorized parking of
property.
No. 88-171 being a by-law to designate private roadways as
parking thereon.
To further amend By-law No. 88-172 being a by-law to authorized certain on-street and
off-street parking of vehicles for use by physically handicapped persons, and the issuing
of permits in respect thereof.
Being a by-law to provide for the widening of part of Woolwich Street as a public
highway in the City of Kitchener.
Being a by-law to provide for the establishing and laying out of part of Sereda Road as a
public highway in the City of Kitchener.
Being a by-law to authorize the borrowing of $83,500,000.00 from January 1, 2000 to
September 30, 2000 and $41,750,000.00 from October 1, 2000 to December 31, 2000.
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the
City of Kitchener - Wyldwoods Community Inc.
(g) To confirm all actions and proceedings of the Council.
and that the same be taken as read a first time and stand referred to the Committee of the
Whole."
Carried.
On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and
Mayor C. Zehr appointed Councillor Jake Smola as Chair.
On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair.
Moved by Councillor Jake Smola
Seconded by Councillor M. Yantzi
"That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting
of the Committee of the Whole held this date, as attached hereto and forming part of these
minutes are hereby adopted and confirmed."
Carried.
FEBRUARY 28, 2000
COUNCIL MINUTES
- 84 -
CITY OF KITCHENER
Moved by Councillor John Smola
Seconded by Councillor J. Haalboom
"That the by-laws listed on the agenda for third reading, namely:
(a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of
motor vehicles on private property.
(By-law No. 2000-32)
(b) To further amend By-law No. 88-171 being a by-law to designate private roadways as
fire routes and to prohibit parking thereon.
(By-law No. 2000-33)
(c) To further amend By-law No. 88-172 being a by-law to authorized certain on-street and
off-street parking of vehicles for use by physically handicapped persons, and the issuing
of 3ermits in respect thereof.
(By-law No. 2000-34)
(d) Being a by-law to provide for the widening of part of Woolwich Street as a public
highway in the City of Kitchener.
(By-law No. 2000-35)
(e) Being a by-law to provide for the establishing and laying out of part of Sereda Road as a
public highway in the City of Kitchener.
(By-law No. 2000-36)
(f) Being a by-law to authorize the borrowing of $83,500,000.00 from January 1, 2000 to
September 30, 2000 and $41,750,000.00 from October 1, 2000 to December 31, 2000.
(By-law No. 2000-37)
(g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the
City of Kitchener - Wyldwoods Community Inc.
(By-law No. 2000-38)
(h)
To confirm all actions and proceedings of the Council.
(By-law No. 2000-39)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
Carried.
On motion, the meeting adjourned.
MAYOR CLERK
FEBRUARY 28, 2000
COUNCIL MINUTES
- 85 -
CITY OF KITCHENER
PLAN
1.
REPORTS ADOPTED BY COUNCIL
NING & ECONOMIC DEVELOPMENT COMMITTEE -
That the City of Kitchener approve the agreement to amend the existing Offer to Purchase for
site 134 in the Huron Business Park, more specifically known as Part 5, 58R-7426 (Trillium
Drive) from St. Jude's School Inc. to include an additional 13.6 sq. metres of land. A new
Reference Plan has been completed identifying the removal of the subject parcel from the
parent site. The purchase price will be calculated at $75,000.00 per acre for a total purchase
price of approximately $252.06; and further,
That the Mayor and Clerk are hereby authorized to execute any other necessary
documentation required by the City Solicitor.
That Zone Change Application ZC 99/25/A/GR (Autumn Ridge Trail / Saddlewood Drive -
Wyldwoods Community Inc.), requesting a change in zoning from Residential Three Zone (R-3)
and Residential Four Zone (R-4) to Residential Three Zone (R-3) with special regulation provision
319R and Residential Four Zone (R-4) with special regulation provision 319R on lands legally
described as Plan 58M-82 and 58M-83, be approved in the form shown in the attached
"Proposed By-law", dated January 14, 2000, 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.
1)
That Municipal Plan Amendment Application MP 99/7/E/GR (230 East Avenue - Pioneer
Youth Services) requesting approval to add a special policy to the City's Municipal Plan
in order to permit a group home to be located at a distance of 227 metres from another
group home located at 210 Stirling Avenue North be refused.
It is the opinion of this Committee that refusal of this application is proper planning for the
City.
2)
That Zone Change Application ZC 99/22/E/GR (230 East Avenue - Pioneer Youth
Services) requesting a change in zoning to permit a group home on lands located at 230
East Avenue, legally described as Part of Lots 63, 64 and 110, Registered Plan 351, be
refused.
It is the opinion of this Committee that refusal of the application is proper planning for
the City and that the application is not in conformity with the City's Municipal Plan.
3)
That staff be directed to maintain existing Municipal Plan policy relating to the minimum
separation distance that applies to group homes from one another and to review other
factors where distance separation may be imposed on group homes from "sensitive" land
uses through the five year review of the City's Municipal Plan.
(Dealt with under Delegations and Carried Unanimously.)
1)
That Council adopt the Grand River South Community Plan, as set out in Appendix
attached to staff report BPS 99/191 subject to the following revisions:
Revised Policy 2.10:
Second line should state: "...residential care facilities and associated supportive
uses shall also be permitted..."
Policy 9.3:
Delete reference to 173 Woolner Drive
And further, that the revised Grand River South Community Plan is designated as
Appendix '1' attached to these minutes.
That Council repeal the existing Community Plans for Grand River South Area I and
Grand River South Areas 2 & 3.
COUNCIL MINUTES
FEBRUARY 28, 2000
- 86 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (CONT'D)
4. Cont'd
That Council recommend the approval of Municipal Plan Amendment 97/05/TC/JW
(Hallman Brierdale Limited, Teakwell Holdings Ltd., Northlake Homes Limited),
being an amendment to Revise Map 4, "Transportation" by adding Fairway Road, and
major and minor collector roads within the Grand River South Community as set out in
Appendix 2 attached to staff report BPS 99/191.
And further, that the Municipal Plan Amendment for Grand River South is designated as
Appendix '2' attached to these minutes.
4)
That Council recommend the approval of Plan of Subdivision Application 30T-97012
and Zone Change Application 971261ZIJW (Hallman Brierdale Limited), in
accordance with the recommendations set out in Appendices 3 and 4 attached to staff
report BPS 99/191 subject to the following revisions to the plan of subdivision:
a)
Reference in Clause 1 (second reference only) and Clause 51 should state
"February 16, 2000" instead of "February 10, 2000"
b)
Clause 85 revised:
To install to the satisfaction of the City's General Manager of Parks and
Recreation paige wire fencing or an alternative marking system along the lot lines
which abut ESPA 24 OR 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 the fencing required by condition 55.
And further, that the revised Plan of Subdivision, including additional housekeeping
revisions throughout as to numbering and wording of conditions, is designated as
Appendix '3' attached to these minutes.
5)
That Council recommend the approval of Plan of Subdivision Application 30T-97013
and Zone Change Application 971271ZIJW (Hallman Brierdale Limited), in
accordance with the recommendations set out in Appendices 5 and 6 attached to staff
report BPS 99/191 subject to the following revisions to the plan of subdivision:
a)
Reference in Clause 1 (second reference only) and Clause 51 should state
"February 15, 2000" instead of "February 4, 2000"
b) Street Five to have 16m right-of-way instead of 18m.
c)
Clause 69:
Last line should state: "... as part of the development of Stage 2 of the plan."
d)
Clause 75(b):
Last sentence should state:
following Stage 3..."
"Should Stage 2 proceed
concurrently with or
e)
Additional clause to be added:
"90. 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-ways of Streets 4 and/or 5, 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 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
COUNCIL MINUTES
FEBRUARY 28, 2000
- 87 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (CONT'D)
4. Cont'd
5) e) (Cont'd)
within Streets 4 and/or 5, Stage 3 of this plan. It is the City's intent that a
reciprocal clause will be a draft plan approval requirement for the lands to
the north (Huber property) in the event that Streets 4 and 5, Stage 3 have
not been constructed at the time of draft plan approval for said lands to the
north."
And further, that the revised Plan of Subdivision, including additional housekeeping
revisions throughout as to numbering and wording of conditions, is designated as
Appendix '5' attached to these minutes.
6)
That Council recommend the approval of Plan of Subdivision Application 30T-97014
and Zone Change Application 971281ZIJW (Teakwell Holdings Ltd.), in accordance
with the recommendations set out in Appendices 7 and 8 attached to staff report BPS
99/191 subject to the following revision to the plan of subdivision:
a)
Reference in Clause 1 (second reference only) and Clause 51 should state
"February 15, 2000" instead of "February 10, 2000"
And further, that the revised Plan of Subdivision, including additional housekeeping
revisions throughout as to numbering and wording of conditions, is designated as
Appendix '7' attached to these minutes.
7)
That Council recommend the approval of Plan of Subdivision Application 30T-97015
and Zone Change Application 971241ZIJW (Northlake Homes Limited), in
accordance with the recommendations set out in Appendices 9 and 10 attached to staff
report BPS 99/191 subject to the following revisions to the plan of subdivision:
a)
Reference in Clause 1 (second reference only) and Clause 51 should state
"February 15, 2000" instead of "February 10, 2000"
b)
Clause 67:
Last line should state:
the plan."
"... as part of the development of Stage 1 and Stage 8 of
c)
Clause 75.2:
Last sentence should state:
following Stage 3..."
"Should Stage 2 proceed
concurrently with or
d)
Clause 86 revised:
To install to the satisfaction of the City's General Manager of Parks and
Recreation paige wire fencing or an alternative marking system along the lot lines
which abut ESPA 25 and Idlewood Creek, 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 the fencing required by condition 55.
And further, that the revised Plan of Subdivision, including additional housekeeping
revisions throughout as to numbering and wording of conditions, is designated as
Appendix '9' attached to these minutes.
(Dealt with under Delegations and Carried, as Amended)
FEBRUARY 28, 2000
COUNCIL MINUTES
- 88 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
COMMUNITY SERVICES COMMITTEE -
That a purchase/commission be made from Marshall Ward, the 1999/2000 Artist in Residence;
with the site for the installation being the aluminium panelled wall running the distance along the
ramp leading to the Young Street entrance to City Hall; and,
That the commission amount of $5,000.00 be paid from the Public Art Trust Fund.
That the Mayor and Clerk be authorized to execute the Golf Professional Agreement for the 2000
golf season in a form substantially similar to the draft agreement dated February 3, 2000,
satisfactory to the City Solicitor.
FINANCE AND ADMINISTRATION COMMITTEE -
That no action be taken on the request of the owner for an extension to the time period to pay
the cancellation price, under the Municipal Tax Sales Act for the property municipally known as
227 Louisa Street, Kitchener; and further,
That staff be directed not to advertise this property for sale before April 22, 2000.
That staff be directed to refund, directly to the charities, all but $1.00 of each fee paid for Bingo
Licences from January 1 to April 30, 2000; and further,
That the request of Kitchener Charities Bingo Association to waive fees for Bingo Licences be
reviewed after April 30, 2000.
That Council approve the request of Homeniuk Rides Inc. to hold a midway at 245 Strasburg
Road (former Bestpipe location) from April 19 - 30; 2000, subject to the operation being set
back from Ottawa Street South, so as to locate at the rear of the property; and further,
That all garbage collection and disposal from the midway shall be at the operator's expense.
(Dealt with under Delegations and Carried.)
That, in order to flow through the cost of transportation of gas to customers without cross-
subsidization, gas rates be modified in accordance with the rates shown in "Appendix A" to the
report of E. Kovacs, General Manager, Public Works, dated February 16, 2000.
HERITAGE KITCHENER-
1. That the following properties receive "2000 Mike Wagner Heritage Awards":
39 Doon Valley Drive
Outstanding Achievement
St. Paul's Lutheran Church
137 Queen Street South
Outstanding Achievement
19 Roland Street - Award of Merit
COUNCIL MINUTES
FEBRUARY 28, 2000
- 89 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
A. BY-LAWS LISTED ON THE AGENDA - 2ND READING -
It was resolved:
"That the by-laws considered by this Committee be taken as read a second time and be
recommended for enactment."
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER -
1. Licence
i) Permanent Vendor Licence
It was resolved:
"That Council refuse the application of Scott Coates for a 2000 Permanent
Vendor Licence in regard to a business to be located at 29 King Street East, Unit
#7, under the name Inficell Communications."
2. Appointment - Waterloo Reqion Airport Noise Manaqement Committee
It was resolved:
"That Mr. David Heil be appointed, as an alternate, to the Waterloo Region Airport Noise
Management Committee for a term expiring November 30, 2000."
3. Terms of Reference - Restructurinq Co-ordinatinq Committee
The Committee considered the Terms of Reference for the Restructuring Co-ordinating
Committee as attached to a memorandum dated February 25, 2000 from Mike Follett,
Michael Follett Consulting Inc. Mayor C. Zehr requested changes to wording in the draft
to reflect inclusion of the Mayors as members of their respective Councils.
It was resolved:
"That we approve the Terms of Reference for the Regional Restructuring Co-ordinating
Committee, as follows:
1. Establishment of the Co-ordinatinq Committee
There is hereby established and constituted a Committee known as the Ali-Councils
Restructuring Co-ordinating Committee to carry out duties and perform the functions
hereafter described:
a)
The Committee shall consist of 16 members, composed of 2 members from each
local area Council in Waterloo Region and Ken Seiling, Regional Chair (or his
designate), plus one additionally designated Regional Councillor.
b)
The Committee members will be appointed for a limited time period, providing
input to the process of facilitating ali-Councils discussions regarding restructuring
local government within the Region of Waterloo.
c)
Wherein it has been beneficial to have open discussion across all local elected
members at recent meetings, this Committee may further co-ordinate the
scheduling of any of such discussions for the purpose of input to other existing or
anticipated initiatives within the Region of Waterloo. These may include
consulting projects, Provincial advisor appointments, or other fact-gathering
initiatives.
COUNCIL MINUTES
FEBRUARY 28, 2000
- 90 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
3. Terms of Reference - Restructurinq Co-ordinatinq Committee - (Contd')
1. (Cont'd)
d)
The Co-ordinating Committee will be appointed for a period of up to one year.
The completion of a re-structuring decision by June 30th may signify the end of
this Co-ordinating Committee's duties.
e)
A consultant will be appointed to chair the Co-ordinating Committee meetings
and facilitate the process.
f)
The Co-ordinating Committee meetings will rotate among the participating
municipalities. The consultant will appoint a co-chair for each Co-ordinating
Committee meeting from the host location.
g)
For all-Councils meetings scheduled, location will rotate among the eight
participating municipalities. Co-chairs for the meetings will be appointed from the
host municipalities' Co-ordinating Committee representatives or their designates.
h)
Co-ordinating Committee members may resign from the Committee.
respective Council may appoint a replacement.
Their
If one or more member Councils decide to discontinue participation with this
process, remaining Councils may decide to have continued discussion with fewer
participants. It is hoped that all Councils will take advantage of the opportunity
for continued discussion on issues relating to a common community of interest.
J)
Councils may chose to continue the Co-ordinating Committee after any
restructuring decision or subsequent appointment of restructuring consulting
processes, other facilitation processes or Provincial advisor appointments (or
their subsequent completion) if its role is seen to be beneficial during any
implementation steps. The Co-ordinating Committee may recommend continuing
or resuming such initiatives to the respective Councils for approval.
k)
Councils that do not immediately join this process, may request to join at a
subsequent date, if the process is still under way.
I)
At the conclusion of each all-Councils forum, a decision to hold a subsequent
meeting may be made.
m)
Facilitation costs will be limited to a maximum of $10,000 for this process,
including the development of these terms of reference. The cost to organize,
facilitate and summarize each of the ali-Councils forums will be set at $1,000.
The facilitation cost to organize, chair, summarize and communicate to all
Councils regarding each Co-ordinating Committee meeting will be $500.
n)
The all-Councils forum will deal with cost sharing arrangements at the March 11,
2000 meeting.
2. The Role of the Co-ordinatinq Committee:
The role of the Co-ordinating Committee is to see that restructuring discussions
involving ali-Councils within the Region of Waterloo proceed in a timely and constructive
manner. Within this context, the following will be the roles for the Co-ordinating
Committee members.
a) To bring information and suggestions as to process from their respective
Councils to the Co-ordinating Committee meetings.
FEBRUARY 28, 2000
COUNCIL MINUTES
- 91 -
CITY OF KITCHENER
B=
COMMITTEE OF THE WHOLE
REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
3. Terms of Reference - Restructurinq Co-ordinatinq Committee - (Contd')
2. (Cont'd)
b)
To keep their respective Councils advised on all activities conducted and issues
discussed at Co-ordinating Committee meetings.
c) To ensure that the all-Councils meetings are scheduled in a timely manner.
d)
To chose a location for the all-Councils meetings that will accommodate the full
group. The facilities will also need to accommodate space for six smaller
discussion groups of up to twelve people each.
e)
To ensure that the key topics are placed on each subsequent agenda, thereby
ensuring their discussion in a timely manner to meet the overall time frame.
f)
To ensure an overall time frame is set out to meet the desired objectives of
adequate fact gathering by April 30, 2000 and completion of a decision on how to
restructure by June 30, 2000.
g)
To recommend a process to advise the public and local media on meeting times,
locations and topics.
h)
In addition, the host co-chairs and the facilitator will organize note taking and any
required minutes, and their distribution, from each ali-Councils meeting.
3. Tar,qet Outcomes of this Process:
The purpose of the all-Councils meetings will be to continue the discussion process
started on January 29, 2000 in Wilmot Township and continued in the City of Waterloo
on February 11 and 12, 2000.
a)
The first item for discussion will be to confirm the time frame of the discussion
and any supportive activities, in the area of fact gathering to be completed by
April 30, 2000. This will also confirm the goal that the ali-Councils discussions to
lead to a preferred model decision by June 30th.
b) The priority issues that this process must address include:
1. Confirm a timetable for discussion and conclusions.
2. Which options should be considered in any financial analysis or
restructuring analysis for local government?
The agreement on an objective evaluation methodology for each of the
options. This should also include the appropriate selection criteria and
weighting. A process will also be confirmed on how to use additional
resources (staff, available information, other outside resources, etc.).
The final decision-making process in arriving at the preferred model. This
will include the role individual municipalities and members of Councils will
play in that decision-making process. The decision-making criteria should
also define what the ali-Councils forum sees as a successful outcome for
the process.
A Communications Strategy. This will include a process to keep the
community advised and a strategy for public participation and input. It will
also include a process to keep all local media advised in a consistent
manner. It may also address a strategy for productive interaction with
COUNCIL MINUTES
FEBRUARY 28, 2000
- 92 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
3. Terms of Reference - Restructurinq Co-ordinatinq Committee - (Cont'd)
3.b.5 (Cont'd)
other processes (consulting projects, Provincial Advisory outcomes) to
ensure every Councillor is kept up to date on available information."
Councillor J. Ziegler suggested that Councillor K. Taylor-Harrison be appointed as an
alternate to the Restructuring Co-ordinating Committee should Councillors B. Vrbanovic
or T. Galloway not be able to attend a meeting.
It was resolved:
"That Councillor K. Taylor-Harrison be appointed to the All-Councils Restructuring Co-
ordinating Committee as an alternate Kitchener representative for either Councillor B.
Vrbanovic or Councillor T. Galloway."
4. Execution of Enqineerinq A.qreement - DOON PIONEER WARD
It was resolved:
"That the Mayor and Clerk be authorized to execute an agreement for the provision of
professional engineering services made between the City of Kitchener and KMK
Consultants Limited, regarding Monarch Construction Ltd., Doon Mills - Stage 1, Plan
30T-95018."
5. Tenders
The tenders were dealt with under Delegations.
Customer Service Issues - Subdivision and Storm Water Manaqement Approvals
Process
It was resolved:
"That Council authorize the hiring of an additional Civil Engineering Technologist in the
Engineering Division of the Public Works Department for the express purpose of
expediting the development approvals process for subdivisions and site plans; and,
That engineering fees charged for such services be the source of funding for such
staffing."
Committee of Adjustment Minor Variance - Municipal Code Chapter 630 (Fence) -
DOON-PIONEER WARD
It was resolved:
"That Council ratify and confirm the February 8, 2000 decision of the Committee of
Adjustment recommending approval of Submission No. FN 2000-001 - Lori Butler &
Mark Laronde (28 Windrush Trail)."
8. Massaqist Licences
The Committee was in receipt of a February 25, 2000 memorandum from J. Koppeser.
It was resolved:
"That Thea Kaufman, who is employed at 1412 Victoria Street North, Kitchener, be
granted a Massagist Licence for the year 2000."
COUNCIL MINUTES
FEBRUARY 28, 2000
- 93 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
Massa.qist Licences - (Cont'd)
- and -
"That Crystal Thompson, who is employed at 280 Victoria Street North, #7, Kitchener,
be granted a Massagist Licence for the year 2000."
9. Multicultural Festival
The Committee considered a February 25, 2000 memorandum from J. Koppeser
prepared in response to correspondence dated February 14, 2000 from the Kitchener-
Waterloo Multicultural Centre.
It was resolved:
"That in conjunction with the Multicultural Festival and all activities connected therewith,
to be held at Victoria Park Saturday, June 24, 2000 and Sunday, June 25, 2000, the
period of June 24 to July 2, 2000 inclusive be declared a period of Civic Celebration in
the City of Kitchener and that this event be considered a "Community Festival" within
Kitchener; and further,
That the Kitchener-Waterloo Multicultural Centre Inc. be granted a Temporary Retail
Market licence, provided that the necessary Licence and Health and Fire approvals are
obtained."
10. Amendment to Farmers' Market Lease
A memorandum dated February 25, 2000 from J. Shivas was circulated for
consideration.
It was resolved:
"That the Mayor and Clerk be authorized to execute an Amendment to the Farmers'
Market Lease, dated January 20, 2000, between 1178822 Ontario Limited and the City
which releases a storage area currently utilized by the City in exchange for another
storage area."
11. Encroachment Aqreement - 256 Kinq Street East
The Committee was in receipt of a February 28, 2000 memorandum from L. MacDonald
advising that Ray of Hope Inc. has requested permission to install a canopy at 256 King
Street East.
It was resolved:
"That the Mayor and Clerk be authorized to execute an encroachment agreement with
the property owner of Parts 4,5,6,7,8 and 9 on Plan 58R-2619, municipally known as
256 King Street East, to permit the construction and maintenance of a canopy which will
encroach 1 foot, more or less, over the King Street East road allowance."
12. Compliance with Deed Restrictions - 965 Wilson Avenue
A memorandum dated February 28, 2000 from J. Shivas was considered.
It was resolved:
"That subject to confirmation that site grading has been approved on February 28, 2000,
the property described as part Lots 9 and 10, Registrar's Compiled Plan and municipally
known as 965 Wilson Avenue, Kitchener, complied with the restrictions set out in
Schedule 'A' to Instrument No. 326303."
FEBRUARY 28, 2000
COUNCIL MINUTES
- 94 -
CITY OF KITCHENER
APPENDIX '1'
GRAND RIVER SOUTH COMMUNITY PLAN
The following policies will guide the development of the Grand River South Community. They will
provide the basis for the evaluation of proposals for the future development of the area.
1. GENERAL POLICIES
1.1
That the Grand River South Community Plan shall conform to and implement the Regional
Official Policies Plan and the City of Kitchener Municipal Plan.
1.2
That the Grand River South Community Plan Land Use Plan shall comprise the land use plan for
the Community.
1.3
That development within the Grand River South Community shall conform to all applicable
development and implementation standards adopted by the City of Kitchener. Exceptions may
be considered where appropriate to implement specific urban design proposals.
1.4
That as a condition to any Draft Plan of Subdivision, any alteration, filling or construction within a
watercourse, flood plain, pond or wetland will require a "Fill, Construction and Alteration to
Waterway Permit" from the Grand River Conservation Authority prior to any grading or
construction and prior to issuance of building permits.
1.5
That new development give consideration to the creation and enhancement of views and vistas
through road layout, use of natural topography, preservation of environmental features, and the
strategic siting of new community landmarks. Views of the Grand River shall be of particular
importance.
1.6
That coordinated site planning and subdivision design encourage pedestrian access between
lands within and adjacent to the Secondary Nodes identified at the Lackner-Fairway intersection
and the Lackner-Ottawa intersection.
2. RESIDENTIAL
2.1
That the equivalent population of the community shall be limited by the available capacity of the
Ottawa-Montgomery trunk sanitary sewer. On this basis, allocation of maximum residential
density within the community shall be based on developable land area as set out in Policy 8.5.
2.2
That the Low Density Residential category permit single detached, semi-detached, duplex and
street townhouse dwellings at a maximum net residential density of 25 units per hectare. Multiple
dwellings may also be permitted, only where the configuration of a parcel of land makes the
development of street-fronting dwellings impractical. Development within this designation should
include a range of housing types and lot widths in order to provide a variety of consumer choices
and housing opportunities.
2.3
That the Low Rise Multiple Residential category permit street townhouse and multiple dwellings
at a net residential density range of 26 to 60 units per hectare.
2.4
That the Medium Rise Multiple Residential (100 u/ha) category permit street townhouse and
multiple dwellings at a net residential density range of 26 to 100 units per hectare.
2.5
That the Medium Rise Multiple Residential (200 u/ha) category permit street townhouse and
multiple dwellings at a net residential density range of 60 to 200 units per hectare.
2.6
That the High Rise Multiple Residential category permit street townhouse and multiple dwellings
at a net residential density range of 100 to 400 units per hectare.
2.7
That multiple residential sites be encouraged where there is direct access to public transit service
and where natural features such as topography, woodlots or recharge areas would be best
accommodated or preserved by development with fewer buildings and minimal site coverage
rather than development with one or two unit dwellings which require extensive site coverage.
FEBRUARY 28, 2000
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2.8
2.9
2.10
=
3.2
3.3
3.4
3.5
3.6
3.7
=
4.2
That private home day care, home businesses and small residential care facilities shall be
permitted within all residential land use categories. Large residential care facilities shall be
permitted in Medium and High Rise designations, but may be limited subject to the availability of
sanitary sewer capacity.
That lands within the "Proposed Fairway Road Corridor", as shown on Map 2, not be developed
until such time as the final alignment of Fairway Road has been determined in accordance with
Policy 6.5 of this Plan. Lands adjacent to the proposed corridor may be developed to the extent
that development does not prejudice any of the possible road alignments within the corridor.
That within the Low Rise Multiple Residential designation on the south side of Fairway Road
immediately east of Idlewood Creek, residential care facilities and associated supportive uses
shall also be permitted, to a maximum floor space ratio of 1.0 and a maximum height of 5 storeys.
If the existing woodlot immediately to the east is conserved and established in public ownership,
density of multiple dwellings and/or residential care facilities within this designation may be
increased without amendment to this plan, as an incentive for such conservation, in accordance
with Municipal Plan (Part 2) policy 5.3.20. Such an increase may be subject to the availability of
sanitary sewer capacity.
INSTITUTIONAL
That Neighbourhood Institutional uses be located as shown on the Land Use Plan. Permitted
uses shall include elementary schools, religious institutions, day care facilities and small
residential care facilities.
That Community Institutional uses be located as shown on the Land Use Plan. Permitted uses
shall include religious institutions, health offices or clinics, educational establishments, veterinary
services, social service establishments and artisans' establishments. Convenience retail,
personal services or financial establishment may be permitted as a minor component of a health
clinic. For a religious institution within this designation, owing to the proximity of Waterloo
Regional Airport, a detailed noise analysis shall be conducted and required noise insulation or
mitigation features considered as part of the building design.
That a secondary school site of approximately 9.3 hectares be located at the southeast corner of
Fairway Road and Briarmeadow Drive.
That should the designated secondary school site be declared surplus, alternate land uses shall
include all uses permitted in the Major Institutional (I-3) Zone, including residential and
institutional uses.
That three elementary school sites of approximately 2 hectares each be located generally as
shown on the Land Use Plan.
That should a designated elementary school site be declared surplus, alternate land uses shall
include single detached, semi-detached and duplex dwellings in addition to other permitted
Neighbourhood Institutional uses. Street townhouse dwellings may be permitted subject to the
availability of sanitary sewer capacity.
That at such time as any designated school site is declared surplus, the City shall consider the
need to acquire and utilize all or a portion of the site for park purposes.
COMMERCIAL
That a Neighbourhood Commercial site be located on Fairway Road at Lackner Boulevard. A
major food store is intended to be the principal occupant of this centre. As this site is within a
Secondary Node, it is expected to function as a focal point for the community. Multiple residential
uses would normally be encouraged on this site; such uses shall be permitted, but may be limited
subject to the availability of sanitary sewer capacity.
That a Service Commercial site be located on the south side of Fairway Road east of Lackner
Boulevard. When Fairway Road is constructed across the Grand River, this Service Commercial
category shall also permit freestanding office uses, computer, electronic or data processing
FEBRUARY 28, 2000
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CITY OF KITCHENER
4.2
4.3
4.4
=
5.2
5.3
5.4
5.5
5.6
5.7
5.8
(Cont'd)
businesses, research and development
communications establishments.
establishments, and scientific, technological or
That Convenience Commercial facilities be located as shown on the Land Use Plan. Additional,
smaller Convenience Commercial facilities shall be encouraged to be distributed within walking
distance of the majority of residents. Policy 3.2.1. of Part 3 of the Municipal Plan provides the
Iocational criteria for these facilities with regard to access and land use compatibility. Specific
locations will be determined through the comprehensive subdivision review process under the
Planning Act, and shall be encouraged to be clustered with community features. Housing will be
permitted above these facilities at a maximum density of 40 units per hectare, subject to the
availability of sanitary sewer capacity.
That site design promote the integration of commercial sites with adjacent land uses. For
example, sites should be designed to encourage pedestrian and bicycle access; architectural
design should integrate the commercial use with adjacent uses, and mixed commercial-
residential development is encouraged.
NATURAL ENVIRONMENT, PARKS AND RECREATION FACILITIES
That the Community Plan recognize, and encourage public ownership of, the following significant
natural resources comprising the Community's Natural Heritage System: Lackner Woods and
Natchez Hills Environmentally Sensitive Policy Areas (ESPAs), flood plain and valley lands
associated with the Grand River, Idlewood Creek and Chicopee Creek, and the upland woodlot at
the southwest corner of Zeller Drive and Woolner Drive (i.e. the Fung Woodlot).
That development within or contiguous to any Environmentally Sensitive Policy Area shall be
subject to the requirements of the Regional Official Policies Plan and the City's Municipal Plan.
Accordingly, any Environmental Implementation Report prepared in support of a development
proposal shall also satisfy the Regional policy requirements with respect to Environmentally
Sensitive Policy Areas.
That all hazard lands and wetlands, including specified buffers, shall be reserved from
development. These lands shall not be accepted towards fulfilment of the required parkland
dedication.
That upland forest areas, excluding required wetland buffer areas, which are designated within
the City of Kitchener Municipal Plan for urban development but designated on the Community
Plan Land Use Plan as Open Space, shall be considered eligible as part of the required parkland
dedication provided all active park areas, as shown on the Land Use Plan, can be satisfied
through the required parkland dedication for each respective subdivision. If all required parkland
dedication is utilized for active parks, public acquisition of such lands by other means shall be
encouraged. This policy shall apply to those portions of the Fung woodlot recommended for
retention and protection in the Ecoplans Woodlot Analysis (January 1997), and including the
kame feature.
That where feasible and appropriate, existing topography and vegetation be incorporated into the
design and development of the Community.
That the Environmental Implementation Report submitted by the proponent at the time of
submission of development applications include an overview of treed areas. Further, prior to any
site grading or tree removal, the proponent shall submit a Grading and Tree Management Plan in
accordance with the Kitchener Municipal Plan and Tree Management Policy. This plan will
describe treed areas to be saved and methods by which treed areas will be protected.
That prior to grading or construction on any site, fencing shall be installed along the boundaries of
all areas of environmental sensitivity, with signs placed every 45 metres stating that no dumping
or filling shall be permitted within the enclosed area.
That, having given serious consideration to an analysis of the effects of peak aircraft noise levels
on proposed athletic fields, a district park/district sports field of approximately 12 hectares be
located on lands within the area above 30 NEF/NEP as shown on the Land Use Plan. The
District Park shall include active, possibly lighted, sports fields for organized sports, including
associated parking areas, and may include playground equipment for neighbourhood park
FEBRUARY 28, 2000
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CITY OF KITCHENER
5.8 (Cont'd)
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
purposes. Camping grounds shall not be permitted above the approved 30 NEF/NEP contour.
The District Park shall be a key access point to the Grand River Corridor.
That Neighbourhood Parks of approximately 2 hectares each be located on lands designated as
Active Park on the Land Use Plan.
That the elementary school/neighbourhood park campus concept shall be encouraged and may
reduce total land area required for each use. At such time as an elementary school is developed,
it is intended that play facilities and other recreational and/or sports facilities be developed. In the
event that an elementary school is not developed, the neighbourhood park will include play
facilities but may not include other recreational and/or sports facilities.
That recreational and/or sports facilities be developed in conjunction with the secondary school.
That a community trail network be established, as shown conceptually on the Land Use Plan, in
order to provide continuous open space linkages between Open Space areas designated on the
Land Use Plan, provide recreational opportunities and visual amenities for the public, and to
provide habitat and suitable movement corridors for small wildlife. These linkages shall, where
feasible, make use of hedgerows, storm water management areas, parks and school sites. The
community trail network should be linked to the on-road sections of the bikeway network as
shown on Schedule 3.
That opportunities be provided to the public for visual and physical access to the Grand River and
its tributaries, as emphasized in the Grand River Corridor Plan. Access points to the Walter Bean
Grand River Trail shall include the District Park, the south end of Zeller Drive, and the south end
of Otterbein Road.
That the community trail network generally identified on the Land Use Plan be implemented at the
time of development of the lands in which the proposed community trails are located or at the
time of development of lands immediately abutting the proposed community trail. If sufficient
development charge funds are not available to the City to construct such community trails at the
time new development is under way, the development proponent shall be required to front-end
finance and construct such trails with credits to be granted through the provisions of the
Development Charges By-law.
That subdivision design incorporate the most appropriate access points to ESPA lands, with
particular consideration given to existing trails or footpaths.
That the Grand River Recreation Complex located at Ottawa Street and Heritage Drive be
recognized as the recreation complex for the Grand River South Community. It is
acknowledged that a "Community Centres Feasibility Study" is under way, and may determine
that an additional community centre or recreation complex is warranted. If such a facility is to
be developed within the Grand River South Community, it may be as part of the district
park/sports field, in conjunction with a school, or within either the Lackner-Fairway node or the
Lackner-Ottawa node.
That lands situated south of Ottawa Street between the Natchez Hills ESPA and the Grand River
may be developed as a nine-hole golf course. Vehicular access shall be provided from Ottawa
Street at Otterbein Road. At the detailed design stage, this proposed recreation area will
incorporate:
1. continuous public access along the riverbank of the Grand River;
access to existing and future Regional water wells and facilities situated along the
Grand River, to the satisfaction of the Region of Waterloo; and
a compatible interface between the golf course and the adjacent ESPA in accordance with
the policies of this plan.
COUNCIL MINUTES
FEBRUARY 28, 2000
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CITY OF KITCHENER
6. TRANSPORTATION
6.1
That the planning, design and construction of all roads and walkways within the Grand River
South Community have regard to protection of existing environmental features and the creation of
a continuous linked open space system.
6.2
That Lackner Boulevard be recognized as Regional Road No. 54 and be designated as a Primary
Arterial Road (Controlled Access Prohibited) with a right-of-way of 35 metres.
6.3
That Fairway Road, west of Lackner Boulevard, be recognized as Regional Road No. 53 and
designated as a Primary Arterial Road with a right-of-way of 35 metres.
6.4
That Fairway Road, east of Lackner Boulevard, be recognized as Regional Road No. 53 and
designated as a Primary Arterial Road with a right-of-way of 35 metres, and shall provide on-road
bicycle lanes as recommended in the Regional Municipality of Waterloo Bicycle Master Plan and
the City of Kitchener Bikeway Study.
6.5
That the alignment of Fairway Road, east of a point 150 metres west of Zeller Drive, be
determined by the Regional Municipality of Waterloo through the Municipal Class Environmental
Assessment process under the Environmental Assessment Act.
6.6
That Ottawa Street, west of Lackner Boulevard, be recognized as Regional Road No. 4 and
designated as a Primary Arterial Road with a right-of-way of 35 metres.
6.7
That Ottawa Street, east of Lackner Boulevard, shall be recognized as Regional Road No. 4 and
designated as a Primary Arterial Road with a right-of-way of 35 metres, and shall provide
dedicated on-road bicycle lanes as recommended in the Regional Municipality of Waterloo
Bicycle Master Plan and the City of Kitchener Bikeway Study. It is acknowledged that the Ottawa
Street crossing of the Grand River remains in the Regional Official Policies Plan as a proposed
primary road, notwithstanding the Regional Transportation Master Plan (1999) which concluded
that such as crossing would not be necessary if a Fairway Road crossing is constructed.
6.8
That all Major Collector Roads be designed and constructed as front-lotted roads accommodating
on-street parking and public transit and with a standard right-of-way of 20 metres. Certain
intersections may require a wider right-of-way to accommodate turning lanes; this is to be
determined through the subdivision review process. The width of the carriageway within the right-
of-way will be determined at the time of detailed road design.
6.9
Collector roads identified on Schedule 3 as "Local On-Road Bicyle Lane" shall provide additional
road width for bicycle traffic, either as a wide shared-use lane or as a dedicated on-road
bicycle lane, in accordance with the City of Kitchener Bikeway Study; this may necessitate a
wider right-of-way than otherwise required.
6.10
That the road network north of the Fairway Road extension be designed so that traffic volumes on
Zeller Drive at Lackner Boulevard do not exceed the current design capacity of Zeller Drive. A
Traffic Impact Study may be required to be submitted by the proponent at the time of submission
of development applications to determine the appropriate distribution of traffic to both Fairway
Road and Zeller Drive, the number, location and status of roads intersecting Fairway Road, and
the appropriate design requirements for Fairway Road and any necessary improvements for
Zeller Drive at Lackner Boulevard.
6.11
That the southern leg of the Fairway-Lackner intersection provide vehicular access to
residential development to the south, but that the intersection and the road network through
new plans of subdivision be designed to discourage through traffic movements from the
Fairway-Lackner intersection to Morrison Road.
6.12
That the primary location of vehicle access to any new development on the property of 509132
Ontario Ltd. shall be from a local street on the Northlake Homes property, rather than directly
from Fairway Road.
FEBRUARY 28, 2000
COUNCIL MINUTES
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CITY OF KITCHENER
6.13
6.14
6.15
6.16
6.17
=
7.2
7.3
7.4
7.5
7.6
=
That the primary location of vehicle access to any new development on that portion of the former
Sims Estate southwest of Chicopee Creek shall be directly from Morrison Road. The existing
bridge across the creek may be utilized as a secondary or emergency access, only if its structure
is demonstrated to be sufficient for this purpose.
That the section of Morrison Road between Fairway Road and Chicopee Pond be renamed at
such time as it is extended to the east.
That in assigning names for streets within the community, consideration be given to utilizing the
Sims and Woolner names, at such time as all portions of existing Woolner Drive are closed or
renamed.
That in the development of a transportation network, consideration be given to all forms of
transportation including walking, cycling, public transit and the automobile. This will be
accomplished through measures such as:
The creation of street networks and pedestrian links suitable to alternate transportation
modes.
The use of site planning and urban design techniques to foster attractive pedestrian
streetscapes and environments.
Minimizing walking distances between housing, schools, transit stops, parks, open space
and other local destinations.
Development of a bikeway network including on-road and off-road sections, as set out in
the City of Kitchener Bikeway Study (April 1998).
Providing frequent points of public access to the community trail network.
That the cost of primary walk links, including those shown on the Land Use Plan, and which may
include pedestrian bridges, providing direct links from residential areas to schools, parks, transit
routes and commercial lands, be funded by the development proponent. To the extent that such
links function as a community trail, a portion of the cost may be funded by development charges.
Additional primary links may be identified through the subdivision review process.
PUBLIC TRANSIT
That lands around the intersections of Lackner Boulevard with Ottawa Street and with Fairway
Road be recognized as Secondary Nodes as designated in the City of Kitchener Municipal Plan.
That Lackner Boulevard and Fairway Road be recognized as Transit Corridors as designated in
the City of Kitchener Municipal Plan.
That subdivision design shall consider Grand River Transit's "Guidelines for the Design of New
Residential Development with Respect to the Provision of Transit Service" including orientation of
corner lots so that bus stops are on the flanking side of the lots.
That future development in the Community recognize the proposed future transit routing as
shown on Schedule 3, "Transit Service". Interim transit routes will be determined at the time of
subdivision review until such time as the ultimate transportation system is constructed.
That site design in the community have regard for convenient and safe pedestrian access
between on-street transit facilities and buildings, particularly within the Neighbourhood
Commercial and multiple residential designations.
That local streets and walkways be designed to provide convenient and direct pedestrian access
to transit routes.
SERVICING AND UTILITIES
That all new development be serviced by municipal water and storm sewers, and by municipal
sanitary sewers where practical.
FEBRUARY 28, 2000
COUNCIL MINUTES
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CITY OF KITCHENER
8.2
8.3
8.4
8.5
That in accordance with the Grand River South Community Sanitary Sewage Servicing Study
(1999), sanitary sewage facilities within areas not serviced by the Idlewood, Forwell or Lackner
Woods pumping stations, as shown on Schedule 4, shall be provided by means of the proposed
Grand River South pumping station and a forcemain to the Ottawa Montgomery trunk sanitary
sewer. Provided, however, that individual property owners may investigate moving the existing
Lackner Woods pumping station to their own lands and upgrading it to accommodate the existing
sewage flow and any increase in flow from their lands.
That the number of permanent, publicly operated pumping stations shall be minimized.
That the exact location and detailed design of a sanitary sewage facility or facilities be determined
in conjunction with the subdivision approvals process under the Planning Act.
That the equivalent population of the community shall be limited by the available capacity of the
Ottawa-Montgomery trunk sanitary sewer. In advance of the East Kitchener Trunk Sanitary
Sewer Study, or if no additional capacity is found, sanitary sewer capacity shall be allocated on
the basis of net developable land area (i.e. gross land area minus school sites, flood plain, ESPA
lands, wetlands and steep slopes) per subdivider, as shown on Figure 1. Upon completion of the
study any additional capacity may be allocated as determined by the City. As stated in Council's
resolution of December 13, 1999, first priority shall be given to the maximum development
potential of the Grand River South area before allocation of capacity to lands outside the city.
Figure I
HALLMAN
67.435 18.758 48.677 22.359%
BRIERDALE
NORTHLAKE
55.298 19.494 35.804 16.446%
HOMES
ROCKWAY
45.865 2.879 42.986 19.745%
HOLDINGS
GRCA 45.055 26.489 18.566 8.528%
583018 ONT. LTD.
43.619 7.002 36.617 16.820%
(FUNG)
TEAKWELL
16.192 9.480 6.712 3.083%
HOLDINGS
OLD CHICOPEE
16.192 2.907 13.285 6.102%
INC.
456941 ONT. LTD.
9.449 0.432 9.017 4.142%
(SlLVESTRI)
A&C HUBER 4.047 0.324 3.723 1.710%
D WOOLNER
509132 ONT. LTD.
(SCHMIDHUBER)
A&G OLINSKIE
2.687 2.687 0.000 0.000%
2.675 1.213 1.462 0.672%
1.809 1.400 0.409 0.188%
0.445 0.000 0.445 0.204%
~~~~~~~~~
~~~~~~~~~
~~~~~~~~~
~~~~~~~~~
~~~~~~~~~
2 ,/o
COUNCIL MINUTES
FEBRUARY 28, 2000
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CITY OF KITCHENER
8.6
That the Woolner well field and the Pompeii well field, as shown on Schedule 1, be recognized as
vital components of the regional water supply system. Land use within wellhead protection areas
may be restricted to protect the long term sustainability of these water supplies. For development
of certain non-residential land uses in the immediate area of the well fields, hydrogeological
investigation may be required to assess the relationship between local ground water flow regimes
and the well fields.
8.7
That lands at the southeast corner of Lackner Boulevard and Ebydale Drive be recognized as the
future location of a regional water reservoir.
8.8
That Idlewood Creek be recognized as a cold water stream requiring Level One protection as
outlined in Ministry of Environment guidelines. The Idlewood Creek Master Drainage Plan shall
be the guiding document for storm water management for that portion of the Community within
the Idlewood Creek watershed. In addition, storm water quality control shall be required.
8.9
That storm water management practices in the community be in compliance with the "Interim
Storm Water Management Guidelines for New Development" and "Stormwater Management
Practices, Planning and Design Manual" documents published by the Ontario Ministry of
Environment and Energy in 1994 and as may be amended. The design of storm water
management facilities shall also be in accordance with the City's "Design Principles for Storm
Water Management Facilities, August, 1996". Design criteria shall include water quality and
erosion control, water quantity control for the 2-year storm event in order to reduce erosion within
Idlewood Creek, and extended detention of the 5-year storm event based on close proximity to
the Grand River.
8.10
That development within the community be encouraged to share storm water management
facilities so as to minimize the number of such facilities. This may necessitate the use of
temporary storm water management facilities for early phases of development. The cost of
permanent storm water management facilities shall be shared among land owners on a
contributing volume basis.
8.11 That storm water management facilities not be developed in close proximity to elementary school
sites.
8.12
That lands east of the north-south segment of existing Zeller Drive be recognized as being
beyond the 4-minute first response time, as identified in the Fire Station Location Study. All new
residential development in this area shall be constructed with direct-to-fire alarm monitoring
systems.
9. HERITAGE RESOURCES
9.1 That the Grand River be recognized as a Canadian Heritage River.
9.2
That the property addressed as 748 Zeller Drive (Woolner Farmstead), identified as a Heritage
Resource on the Land Use Plan, be recognized as being designated under Part IV of the
Ontario Heritage Act. Notwithstanding its Low Density Residential designation on the Land
Use Plan, the plan recognizes the continued use of the property for agriculture. However, in
order to promote compatibility with nearby residential use, intensive commercial-scale livestock
operations shall not be permitted. Horse boarding, a riding stable and the keeping of livestock
at the scale of a hobby farm shall be permitted. The Plan recognizes the long-term potential
for the heritage resources of this property to be part of an interpretive centre or other similar
cultural/recreational resource.
9.3
That the following properties, identified as Heritage Resources on the Land Use Plan, be
recognized as being listed on the municipal data base of heritage resources (Inventory of
Heritage Buildings):
787 Morrison Road (Sims Estate)
811 Morrison Road (Gardener's House)
FEBRUARY 28, 2000
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9.4
9.5
9.6
9.7
9.8
10.
10.1
10.2
10.3
That development on or adjacent to property designated under Part IV of the Ontario Heritage Act
or listed on the municipal data base of heritage resources be subject to Policies 5.3.14 and 5.3.15
of the City of Kitchener Municipal Plan. If required, a Heritage Impact Assessment shall be
approved prior to or concurrent with the granting of draft plan approval in conformity with the
City's process dealing with the conservation of heritage resources within the plan of subdivision
process. The Heritage Impact Assessment shall be completed in accordance with the City of
Kitchener Heritage Impact Assessment Guidelines and will identify a recommended strategy for
the conservation of the heritage resource.
That the scenic qualities of Zeller Drive be addressed in the planning and development of
adjacent lands. In particular, development adjacent to the section of Zeller Drive south of
Woolner Drive should include measures such as:
protection of the east edge of the Fung woodlot;
reconstruction of the road to modified municipal standards including road surface, street
lighting style, boulevard planting and sidewalk design; and
preservation of the open view southward to the Grand River.
That the scenic qualities of Woolner Drive be addressed in the planning and development of
adjacent lands. It is acknowledged that the approved Environmental Assessment for the
extension of Fairway Road has fixed an alignment which will eliminate most of existing
Woolner Drive. At such time as Fairway Road is extended east from Lackner Boulevard, the
most westerly 200 metre section of Woolner Drive will become redundant as part of the road
network. At that time, the redundant section should be physically closed and the remaining
section should be renamed "Fairway Road". Consideration of the disposition of the redundant
section should include the following:
whether the former road would be a useful component of the Community Trail network;
whether there are benefits to incorporating the former road with the adjoining
commercial property;
whether existing roadside vegetation is worthy of preservation; and
whether such preservation requires public ownership.
That in accordance with Policy 5.3.17 of the City of Kitchener Municipal Plan, consideration will
be given to the effects of public works on all heritage resources identified on the Land Use Plan.
That certain lands within the Grand River South Community be recognized as having high
potential for the recovery of archaeological remains. Where any significant archaeological
remains are found, an Archaeological Survey and Rescue Excavation shall be required prior to
any grading of such lands.
WATERLOO REGIONAL AIRPORT
That the Grand River South Community recognize that Noise Exposure Forecast (NEF) Contours
have been approved by Transport Canada for Waterloo Regional Airport, located across the
Grand River to the east of the community.
That, in having regard to the Provincial Policy Statement, new residential development or other
sensitive land uses shall not be permitted in the area above 30 NEF/NEP, to protect the airport
from incompatible development. However, the location of the 30 NEF/NEP contour may be
interpreted so as to allow for minor variations to accommodate, for example, street and lotting
patterns.
That the Grand River South Community recognize that, in accordance with the Transport Canada
guidelines entitled "Land Use in the Vicinity of Airports," Planning Contours have been developed
by the Regional Municipality of Waterloo for the purpose of investigating planning alternatives.
Such contours may be updated from time to time as part of the Airport Master Plan review
process.
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10.4
10.5
10.6
10.7
10.8
10.9
11.
11.1
11.2
11.3
12.
12.1
12.2
12.3
12.4
That residential development between the 25 and 30 Planning Contour shall utilize acoustic
insulation features as required to achieve the indoor sound level criteria of the Ministry of the
Environment.
That all lands in the area east of Idlewood Creek, and the area east or north of the Lackner
Woods ESPA be established as an Airport Vicinity Protection Area, identified by permanent noise
warning signage. Residential development within the area shall be subject to noise warning
clauses and shall be constructed to allow for installation of central air conditioning systems.
That the Grand River South Community recognize that NEF/NEP Contours and Planning
Contours are updated from time to time, and that future updates, approved subsequent to
residential development, may identify incompatibility between developed residential areas and the
operations of the Waterloo Regional Airport.
That the Grand River South Community acknowledge that potential changes in the use of the
airport, with or without updates to NEF/NEP contours, could result in actual noise exposure
higher than forecast for approved NEF/NEP contours.
That, upon completion of the Waterloo Regional Airport 2000 Master Plan, the City of Kitchener
intends to amend its Municipal Plan to redesignate lands generally within the 30NEF/NEP
contour from Low Rise Residential to Open Space with a special policy to permit those non-
sensitive land uses otherwise permitted in the Low Rise Residential designation. The extent of
the redesignation would not necessarily coincide with the extent of the 30NEF/NEP contour or the
30 Planning Contour, as such contours may change from time to time, but would acknowledge
that residential use would be inappropriate in such close proximity to the airport. The amendment
would be included within the required 5-year review of the Municipal Plan.
That the height of buildings, structures or objects in the vicinity of Waterloo Region Airport shall
not exceed the height limits established in the Airport Zoning Regulations registered on title by
Transport Canada.
NOISE FROM ROADS
That Fairway Road and Lackner Boulevard be recognized as major road corridors potentially
generating significant amounts of noise.
That site design, architectural design and building construction features be the preferred methods
used in attenuating noise impact from major roads, and that acoustical barriers be the least
preferred method.
That trucks hauling aggregate from the Rockway Holdings gravel pit are recognized as a
significant noise source on Zeller Drive to Woolner Drive / Fairway Road and on Woolner Drive /
Fairway Road to Lackner Boulevard. However, it is further recognized that the extraction of
aggregate is an interim land use.
AGGREGATE RESOURCES
That lands east of the north-south segment of existing Zeller Drive be recognized as a Primary
Aggregate Resource Area, as identified in the Municipal Plan. Therefore, extraction of this non-
renewable resource shall be encouraged as an interim use prior to urban development.
That aggregate extraction (i.e. gravel pits) be recognized as a potential source of noise, dust and
negative visual impact. In order to minimize land use conflict and protect the existing licensed pit
from incompatible uses during extraction, residential development shall not be permitted in close
proximity to the pit, in accordance with the Provincial Policy Statement and with Municipal Plan
(Part 2) policy 7.9.
That the staging of residential development be coordinated with the sequence of extraction so as
to maintain a reasonable separation between aggregate extraction and residential land use.
That final post-extraction elevations shall be coordinated with the design of sanitary sewage
facilities in order to provide for servicing of lands above the Regional flood line.
FEBRUARY 28, 2000
COUNCIL MINUTES
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APPENDIX '2'
MUNICIPAL PLAN AMENDMENT
(Grand River South)
SECTION 1 - TITLE AND COMPONENTS
This Amendment shall be referred to as Amendment No.__ to the Municipal Plan of the City of
Kitchener. Sections 1 to 4 inclusive of this document and attached Schedule "A" constitute this
Amendment.
SECTION 2 - PURPOSE OF THE AMENDMENT
The purpose of this Municipal Plan Amendment is to revise the Transportation Plan to show the
approved alignment for the Fairway Road Extension, to show the corridor for the further extension
proposed for Fairway Road, and to show the proposed major and minor collector road network within the
Grand River South community
SECTION 3 - BASIS OF THE AMENDMENT
The Grand River South community is located at the east end of the city and is generally bounded on the
north by Ottawa Street, the east and south by the Grand River, and the west by Lackner Boulevard and
Morrison Road. Most of the lands above the river's flood line are designated Low Rise Residential.
Lands below the flood line together with ESPA No. 24 and ESPA No. 25 are designated Open Space.
As part of the Community Plan revision for Grand River South an Environmental Assessment was
completed to determine the alignment of the extension of Fairway Road. The alignment was approved
from Lackner Boulevard eastward to a point approximately 150 metres west of Zeller Drive. A future
Environmental Assessment is to determine the alignment from that point eastward, across the Grand
River, and into Cambridge.
A system of major and minor collector roads is proposed to serve the residential community. The
collector road design, in combination with the local street network, is intended to encourage the use of
the Fairway Road extension and to provide the potential for accessible bus service to the community.
The amendment incorporates into the plan's Transportation map the approved alignment of the Fairway
Road extension, the proposed corridor for the further extension Fairway Road, and the collector road
network for the Grand River South community.
SECTION 4 - THE AMENDMENT
The Municipal Plan of the City of Kitchener is amended by amending Map 4 "Transportation" as follows:
a)
b)
c)
d)
e)
to change the alignment of the Fairway Road Extension as approved by an Environmental
Assessment;
to show the range of alignments for the further extension of Fairway Road as a Proposed
Arterial Road Corridor;
to change the classification of a portion of Zeller Drive from Existing Minor Collector to
Proposed Major Collector;
to include proposed major and minor collector roads within the Grand River South
community, and
to delete Fairway Crescent as a minor collector road.
all as shown on the attached Schedule "A".
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=
51.
APPENDIX '3'
DRAFT PLAN OF SUBDIVISION 30T-97012
(Hallman Brierdale Limited - 1)
That the Ontario Municipal Board, pursuant to Section 51.(31) of the Planning Act R.S.O. 1990,
Chapter P.13 as amended, and delegation By-law 97-061, grant draft approval to Plan of
Subdivision Application 30T-97012 in the City of Kitchener, for Hallman Brierdale Limited, subject
to the following conditions:
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 February 10,
2000 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener, dated
February 16, 2000, 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
- stormwater 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
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:
That the final plan for registration purposes shall be prepared in accordance with the attached
Plan of Subdivision dated February 16, 2000, provided that minor changes to said plan,
acceptable to the City's General Manager of Business and Planning Services and not affecting
the numbering of lots or blocks may be permitted without an amendment to this agreement.
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52.
To prepare a Lot Grading Control Plan to the satisfaction of the City's General Manager of
Public Works in consultation with the City's General Manager of Parks and Recreation, 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 stormwater 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 General
Manager of Public Works in consultation with the City's General Manager of Parks and
Recreation, the City's Director of Planning, the Region's Commissioner of Planning and
Culture 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 stormwater management design is to
also identify lands where at source infiltration should be considered. Said design shall also
include an erosion and siltation control plan indicating the means whereby erosion will be
minimized and silt maintained on site throughout all phases of grading and construction. The
erosion and siltation control plan is to have particular regard to the protection of the Idlewood
Creek Valley, ESPA No. 24 and ESPA No. 25. The Subdivider further agrees to implement all
required measures as outlined in the approved final design prior to commencement of grading.
54.
That prior to any grading or construction, and final approval of all or any part of the Draft Plan
of Subdivision, a consultant Archaeologist shall carry out an Archaeological Survey and
Rescue Excavation of any significant archaeological remains found on the site, at the expense
of the Subdivider.
55.
That in consideration of the wooded character of portions of the subdivision lands and the
City's desire to minimize the impact of development on treed areas worth retaining, to comply
with the following process to develop the subdivision in accordance with the City's approved
Tree Management Policy:
a)
prior to the City releasing the Subdivision Plan for registration, the Subdivider shall
submit a Detailed Vegetation Plan for the approval of the City's Director of Planning;
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 General Manager of
Public Works 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 Director of
Planning;
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
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55. (Cont'd)
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 Director of Planning, 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 Director of Planning 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.O. 1990, as amended, for any filling,
grading or proposed structures, including roads, stormwater management facilities and/or
outlets located within wetlands, the scheduled Fill Line or Regulatory Floodline for the Grand
River. Such permit shall be obtained prior to on-site grading, the installation of services and
prior to registration of the Subdivision Plan.
57.
Notwithstanding any bonding arrangements, no building permit shall be applied for or issued
for a dwelling on any lands within the plan until the sanitary pumping station, forcemain and
related appurtenances are constructed and operational to the satisfaction of the City's General
Manager of Public Works, 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 General Manager of Public Works, in which case no
occupancy of any dwelling shall be permitted prior to acceptance of said works.
58.
That prior to construction or registration of any stage of the plan, the Subdivider shall make
arrangements for any additional land required for the proposed pumping station to be
conveyed at no cost and free of encumbrance to the City, together with the granting of any
required easements, to the satisfaction of the City's General Manager of Public Works.
59.
That the sanitary pumping station, forcemain and related appurtenances, shall be completed to
the satisfaction of the City's General Manager of Public Works, 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 General Manager of Parks and Recreation.
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.
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59. (Cont'd)
When no outstanding credit balance remains, then the Development Charges will be paid in
the normal manner in accordance with the City's By-law.
If, following the registration of the entire plan of subdivision and issuance of all building
permits, there is any outstanding balance, it shall remain with the lands to be used as a credit
for future development, or alternatively, the City shall enter into an agreement with the
Subdivider, under Section 40 of the Development Charges Act, to enable the transfer of
Development Charge credits to other benefiting lands within the community, subject to
satisfactory arrangements being made between all parties.
60.
That the street names within the Plan of Subdivision shall be approved by City Council prior to
registration of any stage of the plan.
61.
That construction traffic to and from this subdivision shall be prohibited from using Zeller Drive
between Lackner Boulevard and the westerly limits of the subdivision. The Subdivider agrees
to advise all relevant contractors, builders and other persons of this requirement, with the
Subdivider being responsible for any signage, if required, all to the satisfaction of the City's
General Manager of Public Works.
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. 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 Director of Planning, the City's General Manager of Public Works and the
Commission's Engineer.
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 General
Manager of Business and Planning Services, the City's General Manager of Public
Works and the Commission's Engineer;
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 General Manager of Business
and Planning Services;
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:
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64. vii) (Cont'd)
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
Director of Planning, the City's General Manager of Public Works and the
Commission's Engineer; 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 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 General Manager of Public Works as part of the
development of the plan.
68.
To restore with a tar and chip surface, any portion of 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 General Manager of Public Works as part of the development of the plan.
69.
To restore with a tar and chip surface, any portion of existing Woolner Drive that may be
disturbed as a result of the construction of services, all to the satisfaction of the City's General
Manager of Public Works as part of the development of the plan.
70.
That in addition to the standard subdivision sign content, the required subdivision sign(s) shall
include the following information:
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.
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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 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.
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 Director of Planning.
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 General Manager of Public Works as
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75. d) (Cont'd)
provided in this agreement, on Block 12 of Stage 4 and Block 22 of Stage 1. Said
temporary road shall be constructed to City standards save and except concrete
sidewalk. It shall be completed to the satisfaction of the City's General Manager of
Public Works 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 Street Eight and Street One of Subdivision 30T-97015 are open to
public vehicular traffic and connected to existing Zeller Drive, at which time the
Subdivider shall remove the temporary road to the satisfaction of the City's General
Manager of Public Works. The City agrees to release the licence created hereby after
completion and opening of permanent secondary roads to the affected parts of the
subdivision. Building permits will not be available for lots and those portions of Block 12
of Stage 4 and Block 22 of Stage 1 that are affected by the temporary road until the
road has been removed.
e) Stage 5 shall be registered concurrently with or subsequent to Stage 4.
76.
To dedicate, by plan registration, to the City, at no cost and free of encumbrances, all road
widenings and public walkways upon registration of each stage of the plan of subdivision.
77.
To convey to the City the following lands for the purposes stated therein, at no cost and free of
encumbrances, concurrently with the registration of each stage of the subdivision plan:
Stage
(b)
(c)
One:
Block 16, for park purposes,
Block 17, for open space/stormwater management purposes,
Blocks 26-30 inclusive, for 0.3 metre reserves.
Stage
(b)
Two:
Block 14, for open space/community trail purposes,
Block 16, for a 0.3 metre reserve.
Stage Three:
(a) Block 7, for open space purposes.
Stage Four:
(a) Blocks 13 and 14, for 0.3 metre reserves.
Stage Five:
(a) Block 9, for a 0.3 metre reserve.
78.
That 0.3 metre reserves may be required to facilitate the staging of the plan and all 0.3 metre
reserves shall be shown on the final plan(s) for registration. The City Solicitor, upon
notification by the Subdivider, shall arrange for a by-law to be presented to Council for opening
said reserves as "public highway" following the registration of subsequent stages of the plan,
the completion of the road works and the opening of roads to vehicular traffic, to the
satisfaction of the City's General Manager of Public Works. Reserves are not required
between abutting stages registered concurrently.
79.
That the 5% parkland dedication as required under the Planning Act, based on the entire Plan
of Subdivision being 31.613 hectares, shall be 1.581 hectares, plus the parkland dedication as
set out in the Parkland Deferral Agreements for Hallman subdivisions 30T-88027 (0.520
hectares) and 30T-88028 (0.345 hectares) for a total dedication of 2.446 hectares. This shall
be satisfied by both the conveyance of Block 16 of Stage 1 (2.334 hectares) to the City, at no
cost and free of encumbrance, concurrently with the registration of Stage 1, as well as a cash-
in-lieu of parkland contribution for the remainder, equivalent to the value of 0.112 hectares of
land. The 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.
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80.
To identify concrete transit pads at all planned transit stop locations on the engineering
servicing drawings to the satisfaction of the City's General Manager of Public Works, in
consultation with the Regional Municipality of Waterloo, prior to the City's release of each
stage of the Plan of Subdivision for registration. The Subdivider shall be responsible for the
installation of said concrete transit pads at the time of sidewalk installation within each stage of
the plan of subdivision.
81.
That prior to registration of any stage, it is the Subdivider's responsibility to secure on behalf of
the City the physical and financial resources necessary to provide eastbound and westbound
left turn lanes plus combination through right lanes for 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 General Manager of Public Works, and operational
prior to occupancy of any dwelling in any stage.
82.
To submit a micro-drainage study for Blocks 2 and 3 of Stage 3, Blocks 2 to 5 of Stage 5, for
the approval of the City's General Manager of Public Works in consultation with the City's
Director of Planning and the Region's Commissioner of Planning and Culture, 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 General Manager of Public Works.
83.
That the servicing design of Stage 4 shall be approved by the City's General Manager of
Public Works in consultation with the City's Director of Planning and the Region's Director of
Planning and Culture and shall be consistent with the recommendations of the Environmental
Impact Assessment prepared by Ecoplans Limited and dated November, 1999 to protect the
hydrological regime of Wetland W-6c.
84.
That, prior to registration of Stage 3 and commencement of grading, the Subdivider shall
prepare a planting and site rehabilitation plan for the buffer areas relative to Wetland W-7 and
other ESPA buffer areas, as identified in the Environmental Impact Assessment prepared by
Ecoplans Limited and dated November 1999, to the satisfaction of the City's General Manager
of Parks and Recreation in consultation with the City's Director of Planning and Region's
Commissioner of Planning and Culture. The Subdivider further agrees to implement the
approved plan prior to occupancy of any dwelling units within Stage 3.
85.
To install to the satisfaction of the City's General Manager of Parks and Recreation paige wire
fencing or an alternative marking system as a boundary identification system along the lot lines
which abut ESPA 24 and ESPA 25 prior to occupancy of adjacent dwellings. The Subdivider
further agrees to include a statement advising of the fencing/boundary identification system
requirement in all Offers to Purchase and Agreements of Purchase and Sale for the lots/blocks
affected by this Section. Any such fencing may substitute for any fencing required by section
55.
86.
To grant to the City a conservation easement, approved by the City's Solicitor, over the rear
portion of Blocks 2 and 3 of Stage 3, zoned Open Space, to be described on a Reference Plan
with the preparation and cost of same to be at the Subdivider's expense. Said easement is to
be registered immediately subsequent to the registration of Stage 3 of the subdivision. The
Subdivider further agrees to install identification markers on each lot affected by the
conservation easement, to the satisfaction of the City's Director of Planning, prior to issuance
of building permits for dwellings on affected lots. The purpose of the easement shall be to
advise purchasers of the presence of the Environmentally Sensitive Policy Area, to prohibit
dumping or the placement of fill, to limit the removal of natural vegetation, and to prohibit the
removal of identification markers.
87.
The Subdivider covenants and agrees that no buildings or structures of any kind, including but
not limiting the generality of the foregoing, accessory buildings, decks, swimming pools, fences
and retaining walls shall be erected or placed within the rear of Block 4 of Stage 2 on each lot
between the rear lot line and the structural setback line as defined in the Hydrogeological
Investigation (England Naylor Engineering Ltd., August 13, 1977). The Subdivider agrees to
install identification markers on, and prior to the issuance of building permits for, each affected
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lot and covenants not to remove such markers. The Subdivider agrees to have the location of
the structural setback line set out on all plans of survey and reference plans and to have this
section and the registered instrument no. of this agreement referenced thereon. Further, the
Subdivider agrees to include a warning clause in all Offers to Purchase and Agreements of
Purchase and Sale and/or rental agreements for each affected lot identifying the location of the
structural setback line and the above-stated prohibitions. It is intended that this covenant shall
constitute a restrictive covenant running with the land and each part thereof for the benefit of
Block 4 and each affected lot thereof, as a building scheme and for the benefit of the City's
adjacent open space lands. This section shall not be released from this agreement and will be
held in perpetuity.
88.
To fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod Block
16, Stage 1 to the satisfaction of the City's General Manager of Parks and Recreation. 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
General Manager of Parks and Recreation.
89.
That the community/pedestrian trail on Block 17 of Stage 1 and Block 14 of Stage 2 shall be
completed to the satisfaction of the City's General Manager of Parks and Recreation prior to
occupancy of units within Blocks 4, 12 and 13 of Stage 2.
90.
To install to the satisfaction of the City's General Manager of Parks and Recreation a boundary
identification system along the lot lines which abut Block 14 of Stage 2, Block 7 of Stage 3,
prior to occupancy of adjacent dwellings. The Subdivider further agrees to include a statement
advising of the marking system requirement in all Offers to Purchase and Agreements of
Purchase and Sale for the lots/blocks affected by this Section.
91.
a)
The City agrees redundant Zeller Drive is to be closed and conveyed to the Subdivider
without any costs associated with the land provided the Subdivider conveys to the City
that portion of ESPA No. 25 which is owned by the Subdivider and is adjacent to this
plan.
b)
The City hereby acknowledges that the redundant portions of Zeller Drive will be surplus
to its needs.
c)
The Subdivider agrees to be responsible for the costs and preparation of the reference
plan which will be deposited by the Subdivider following approval of a draft reference
plan by the City's General Manager of Business and Planning Services.
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 General Manager of Public Works.
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 General Manager of Public Works.
f)
That no building permits shall be applied for or issued for Blocks 18, 19, 20 and 21 of
Stage 1 until each block is consolidated under the same ownership with redundant
Zeller Drive.
92.
That the section of Zeller Drive generally east of Street One together with Street Ten and the
section of Zeller Drive from Street Ten to the south, shall be renamed the same name by the
City of Kitchener.
93.
That in the event Stage 1 is registered in advance of Stage 2 of Subdivision 30T-99201 M.S.
Custom Contractors Limited to upgrade to full municipal standards, including service
connections to lots fronting Zeller Drive in Plan 30T-99201, that portion of Zeller Drive adjacent
to the limits of Subdivision 30T-99201, to the satisfaction of the City's General Manager of
Public Works as part of the development of this plan.
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94.
That no sewer or water service will be installed within 1.5 metres of the centre of a proposed
submersible transformer vault or within 0.9 metres of a proposed electrical service stub and that
no fire hydrant will be installed within 3.0 metres of a proposed street light pole or hydro pole.
The Subdivider shall review the Commission's engineering drawings to co-ordinate the locations
of these utilities and shall be responsible for ensuring that these separations are maintained.
95.
That a plan showing driveway locations for all lots shall be approved by the City's Director of
Planning in consultation with the City's General Manager of Public Works prior to the installation
of services within the Subdivision Plan.
96.
That landscape plans of the proposed storm water management facility shall be approved by
the City's General Manager of Parks and Recreation 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 General Manager of Parks and Recreation. 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 General
Manager of Parks and Recreation.
97.
That prior to acceptance by the City's General Manager of Public Works 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
General Manager of Parks and Recreation.
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 and Culture:
a) That the owner enter into an Agreement for Servicing with the Regional Municipality of
Waterloo to preserve access to municipal water supply and municipal wastewater treatment
services prior to final approval or any agreement for the installation of underground services,
whichever occurs first. Where the owner has already entered into an agreement for the
installation of underground servicing with the area municipality, such agreement shall be
amended to provide for a Regional Agreement for Servicing prior to registration of any part of
the plan. The Regional Commissioner of Engineering shall advise prior to an Agreement for
Servicing that sufficient water supplies and wastewater treatment capacity is available for this
plan, or the portion of the plan to be registered.
b) That the owner include the following statement in all agreements of lease or purchase and
sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the
registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and
sale are not yet registered as a plan of subdivision. The fulfilment of all conditions of draft plan
approval, including the commitment of water supply and sewage treatment services thereto by
the Region and other authorities, has not yet been completed to permit registration of the plan.
Accordingly, the purchaser should be aware that the vendor is making no representation or
warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or
purchase and sale will have all conditions of draft plan approval satisfied, including the
availability of servicing, until the plan is registered."
That prior to final approval of Subdivision 30T-97012, the Regional Municipality of Waterloo will
secure the physical and financial resources for the installation of northbound and southbound
left turn lanes on Lackner Boulevard and traffic control signals at the intersection of Lackner
Boulevard and Zeller Drive. It is acknowledged that the costs of the left turn lanes and
signalization have been included as part of the Regional development charge calculations. If
necessary, a financial agreement will be entered into between the Subdivider and the Regional
Municipality of Waterloo to provide for reimbursement in the event the Subdivider front-ends
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the costs associated with the traffic control signals and the northbound and southbound left
turn lanes for Lackner Boulevard.
4. OTHER AGENCY CONDITIONS
That prior to the commencement of any grading or construction on the site, and prior to
registration of the plan, the owner shall submit the following plans and reports to the
satisfaction and approval of the Grand River Conservation Authority:
a)
A detailed Stormwater 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, stormwater management facilities
and/or outlets located within the scheduled Fill Line or Regulatory Floodline for the
Grand River and/or the Regulatory Floodline/Fill Line associated with Idlewood Creek.
That the subdivision agreement between the owners and the City of Kitchener contain
provisions for the completion of the works in accordance with the approved plans and reports
noted in a) through c) above.
5. CLEARANCE CONDITIONS
That prior to the signing of the final plan, the Ontario Municipal Board is to be advised by the
City's General Manager of Business and Planning Services that all pre-registration
requirements in Condition 2 have been met.
That prior to the signing of the final plan, the Ontario Municipal Board is to be advised by the
City's General Manager of Business and Planning Services that Condition 3 has been carried
out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the
Region to the City shall include a brief statement detailing how each condition has been
satisfied.
That prior to the signing of the final plan, the Ontario Municipal Board is to be advised by the
City's General Manager of Business and Planning Services that Condition 4 has 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 brief statement detailing how the
condition has been satisfied.
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.
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.
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The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-law
96-025, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c. P.13, to prescribe a tariff
of fees for application, recirculation, draft approval, modification to draft approval and
registration release of plans of subdivision.
The proposed water distribution system meets the definition of a "water works" as defined in
the Ontario Water Resources Act prior to the construction of the proposed water supply
system. The proponent must ensure that the application for approval of water works, and
appropriate supporting information, are submitted to the Ministry of the Environment for
approval.
The proposed 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.
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 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.
11.
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.
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.
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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
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51.
52.
APPENDIX '5'
DRAFT PLAN OF SUBDIVISION 30T-97013
(Hallman Brierdale Limited- 2)
That the Ontario Municipal Board, pursuant to Section 51.(31) of the Planning Act R.S.O.
1990, Chapter P. 13 as amended, and delegation By-law 97-061, grant draft approval to Plan of
Subdivision Application 30%97013 in the City of Kitchener, for Hallman Brierdale Limited,
subject to the following conditions:
That this approval applies to Plan of Subdivision 30%97013 for Hallman Brierdale Limited as
shown on the plan prepared by MacNaughton Hermsen Britton Clarkson Ltd. Dated February
4, 2000, and as shown on the attached Plan of Subdivision prepared by the City of Kitchener,
dated February 15, 2000, which shows the following:
Stage One
Blocks 1-4
Block 5
Block 6
Blocks 7 and 8
- maximum 30 units
- residential (singles, semis)
- future development
- temporary road / residential
- 0.3m reserve
Stage Two
Blocks 1-20
Block 21
Block 22
Blocks 23-27
Blocks 28-33
- maximum 150 units
- residential (singles, semis)
- stormwater management
- walkway / servicing
- temporary road / residential
- 0.3m reserves
Stage Three
Blocks 1-4
Blocks 5-6
Blocks 7-9
- maximum 22 units
- residential (singles, semis)
- temporary road / residential
- 0.3m 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
Block 1 -institutional
Block 2 - park
CITY OF KITCHENER CONDITIONS
That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as
approved by City Council embracing those lands shown outlined on the attached Plan of
Subdivision and that the following special conditions be contained therein:
The Subdivider covenants and agrees:
That the final plan for registration purposes shall be prepared in accordance with the attached
Plan of Subdivision dated February 15, 2000, provided that minor changes to said plan,
acceptable to the City's General Manager of Business and Planning Services 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 General Manager of
Public Works in consultation with the City's General Manager of Parks and Recreation, and the
Grand River Conservation Authority, prior to any grading or construction on site and prior to
registration of the Plan.
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53.
54.
55.
56.
To prepare a detailed engineering design for stormwater management in accordance with the
approved concept plan, to the satisfaction of the City's General Manager of Public Works in
consultation with the City's General Manager of Parks and Recreation 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 stormwater management design is to also identify lands
where at source infiltration should be considered. The 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.
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 Director of Planning;
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 General Manager of
Public Works 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 Director of
Planning;
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 the 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 Director of Planning, 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 Director of Planning 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.O. 1990, as amended, for any filling,
grading or proposed structures, including roads, stormwater management facilities and/or
outlets located within 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.
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57.
58.
59.
60.
61.
62.
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 General
Manager of Public Works, 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 General Manager of Public Works, 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 General Manager of Public Works.
That the sanitary pumping station, forcemain and related appurtenances, shall be completed to
the satisfaction of the City's General Manager of Public Works, 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 General Manager of Parks and Recreation.
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.
That the street names within the Plan of Subdivision shall be approved by City Council prior to
registration of any stage of the plan.
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
General Manager of Public Works.
That, within each stage, the final plan for registration shall show all lots intended for
development as single detached, semi-detached or duplex dwellings. This condition shall not
apply in the event that the plan is to be registered prior to approval of servicing plans.
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63.
64.
65.
66.
67.
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 Director of Planning, the City's General Manager of Public Works and the
Commission's Engineer.
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 General
Manager of Business and Planning Services, General Manager of Public Works and the
Commission's Engineer;
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 General Manager of Business
and Planning Services;
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)
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
Director of Planning, the City's General Manager of Public Works and the
Commission's Engineer; 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
west side of the street, that portion of 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 General Manager of Public Works as part of
the development of the plan.
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68.
To restore with a tar and chip surface, any portion of Zeller Drive to the south 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 General Manager of Public Works
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 Street One 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 General Manager of Public
Works, 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.
2) A warning clause for all lands within the plan to read as follows:
"Residential dwellings in this area will be fitted with a forced air-directed heating system
and ducting, suitably sized and designed to permit the future installation of a central air
conditioning system by the occupant(s). Installation of central air conditioning by the
occupant(s) will allow windows and exterior doors to remain closed, thereby ensuring
that indoor sound levels are within the Municipality's and the Ministry of the
Environment's noise criteria. Despite these measures, prospective purchasers and
tenants are advised that all lots and blocks in this plan of subdivision are located within
or in close proximity to one of the flight paths leading into and out of the Waterloo
Regional Airport and that noise from aircraft using this flight path may cause concern to
some individuals."
71.
To include the following warning clause in al Offers to Purchase and Sale Agreements, deeds
(if permitted by the Registry Office) and/or rental agreements for all residential lots and blocks
within this plan.
"WARNING CLAUSE
This dwelling unit has been fitted with a forced air-directed heating system and ducting suitably
sized and designed to permit the future installation of a central air conditioning system by the
occupant(s). Installation of central air conditioning by the occupant(s) will allow windows and
exterior doors to remain closed, with the intent to ensure that the indoor sound levels are within
the Municipality's and the Ministry of the Environment's noise criteria. Despite these
measures, prospective purchasers and tenants are advised that all lots and blocks in this plan
of subdivision are located within or in close proximity to one of the flight paths leading into and
out of the Waterloo Regional Airport and that noise from aircraft using this flight path may
cause concern to some individuals."
72. That subdivision agreement section 71. shall not be released from title.
73.
That each residential dwelling unit within this plan shall be fitted with a forced air - directed
heating system and ducting suitably sized and designed to permit the future installation of a
central air conditioning system by the occupant(s). Further, that as a condition of the issuance
of building permits for all Lots and Blocks within this plan, a qualified Professional Engineer
shall provide his professional opinion confirming the building components including windows,
doors, walls and ceiling/roof have been designed to achieve the indoor sound level criteria of
the Ministry of the Environment and Energy ("MOEE") in its publication: "Noise Assessment
Criteria and Land Use Planning", LU-131 or any successor document in place at the time of
the issuance of building permit(s). For the purposes of this condition, the term "qualified
Professional Engineer" means a Professional Engineer registered in the Province of Ontario
who specializes in acoustics. As part of the final "as built" inspection the qualified Professional
Engineer shall carry out a construction review to confirm to the City that the "as built"
construction conforms to the approved building permit plans and in particular, the building
components required to achieve the indoor sound level criteria.
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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 Director of Planning.
75. That the subdivision shall be registered in five stages:
Stage 1 consisting of Blocks
Stage 2 consisting of Blocks
Stage 3 consisting of Blocks
Stage 4 consisting of Blocks
Stage 5 consisting of Blocks
1 to 8 inclusive;
1 to 33 inclusive;
1 to 9 inclusive;
1 to 8 inclusive; and
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 Street Two is not
constructed east from 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 General Manager of Public Works in consultation with the
City's Director of Planning. Said temporary road shall be constructed to City standards
save and except for concrete sidewalk, completed to the satisfaction of the City's
General Manager of Public Works 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 Street 2 is
constructed from Zeller Drive to Street 1. 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 3 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 Zeller
Drive and to upgrade Zeller Drive as a two lane road from Woolner Drive to the limit of
the plan all to the satisfaction of the City's General Manager of Public Works, as part of
the development of Stage 2 of the plan. Should Stage 2 proceed concurrently with or
following Stage 3 of Plan 30T-97015, the Subdivider agrees to upgrade Woolner Drive
by making improvements to the geometrics in the area of the curve;
c)
Stage 3 shall be registered concurrently with or subsequent to Stage 2. Should Stage 3
proceed prior to the registration of adjacent subdivision lands to the north, the
Subdivider agrees to construct at its cost, a temporary access road, subject to the
general and special security arrangements with the City's General Manager of Public
Works 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 General Manager of
Public Works and opened to public vehicular traffic prior to occupancy of dwellings in
Stage 3. The Subdivider hereby creates and provides an irrevocable licence to the City
for the lands on which the proposed temporary road will be located. The temporary
road shall remain open to public vehicular traffic until such time as permanent
secondary access Streets Four and Five 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 General Manager of
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Public Works. 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 General Manager of Public Works 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 General Manager of Public Works 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 Streets Five and
Six 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 General Manager of Public Works. 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 Street Six 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 General Manager of Public Works. 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 Street Six, to the satisfaction of the City's General Manager of Public
Works, prior to applying for or being issued any building permits in this Plan. Upon
dedication and construction of Street Six in Stage 4, the temporary road and barricades
shall be removed at the cost of the Subdivider.
f) Stage 5 shall be registered concurrently with or subsequent to Stage 2.
76.
To dedicate, by plan registration, to the City, at no cost and free of encumbrances, all road
widenings and public walkways upon registration of each stage of the plan of subdivision.
77.
To convey to the City the following lands for the purposes stated therein, at no cost and free of
encumbrances, concurrently with the registration of each stage of the subdivision plan:
Stage One:
(a) Blocks 7 and 8, for 0.3 metre reserves.
Stage
(a)
(b)
Two:
Block 21, for stormwater management / community trail purposes,
Blocks 28-33, for 0.3 metre reserves.
Stage Three:
(a) Blocks 7-9, for 0.3 metre reserves.
Stage
(a)
(b)
Four:
Block 6, for open space/community trail;
Block 8, for a 0.3 metre reserve.
Stage Five:
(a) Block 2, for park purposes.
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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 General Manager of Public Works. 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 General Manager of Public Works, 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 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 General Manager of Public Works, and operational
prior to occupancy of any dwelling in Stage 2.
82.
To fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod Block
2 of Stage 5 to the satisfaction of the City's General Manager of Parks and Recreation. 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
General Manager of Parks and Recreation.
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 General Manager of Parks and Recreation prior to
occupancy of units within Block 2 of Stage 4.
84.
To install to the satisfaction of the City's General Manager of Parks and Recreation 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
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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.
To include the following warning clause in all Offers to Purchase and Agreements of Purchase
and Sale and/or rental agreements for all residential blocks within the subdivision:
"WARNING CLAUSE
Prospective purchasers and tenants are advised that there is an active licensed gravel pit
(License No. 5623) in proximity to all lots and blocks in this subdivision. Noise levels from the
active gravel pit operations and the haulage route located on Woolner Drive (future Fairway
Road) may cause concern to some individuals."
88.
That no building permits be issued for Block 5 of Stage 1 until it is consolidated with and held
in identical ownership as adjacent lands to the north.
89.
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 Commission's 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 Director of
Planning in consultation with the City's General Manager of Public Works 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 General Manager of Parks and Recreation 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 General Manager of Parks and Recreation. 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 General
Manager of Parks and Recreation.
93.
That prior to acceptance by the City's General Manager of Public Works 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
General Manager of Parks and Recreation.
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 Streets 4
and/or 5, 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
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associated with the granting and conveyance of easements, the extension of municipal
services and roads within Streets 4 and/or 5, 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 Streets 4 and 5, Stage 3 have not been constructed at the time of
draft plan approval for said lands to the north.
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 and Culture:
a) That the owner enter into an Agreement for Servicing with the Regional Municipality of
Waterloo to preserve access to municipal water supply and municipal wastewater treatment
services prior to final approval or any agreement for the installation of underground services,
whichever occurs first. Where the owner has already entered into an agreement for the
installation of underground servicing with the area municipality, such agreement shall be
amended to provide for a Regional Agreement for Servicing prior to registration of any part of
the plan. The Regional Commissioner of Engineering shall advise prior to an Agreement for
Servicing that sufficient water supplies and wastewater treatment capacity is available for this
plan, or the portion of the plan to be registered.
b) That the owner include the following statement in all agreements of lease or purchase and
sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the
registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and
sale are not yet registered as a plan of subdivision. The fulfilment of all conditions of draft plan
approval, including the commitment of water supply and sewage treatment services thereto by
the Region and other authorities, has not yet been completed to permit registration of the plan.
Accordingly, the purchaser should be aware that the vendor is making no representation or
warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or
purchase and sale will have all conditions of draft plan approval satisfied, including the
availability of servicing, until the plan is registered."
That prior to final approval of Subdivision 30T-97013, the Regional Municipality of Waterloo will
secure the physical and financial resources for the installation of northbound and southbound
left turn lanes on Lackner Boulevard and traffic control signals at the intersection of Lackner
Boulevard and Zeller Drive. It is acknowledged that the costs of the left turn lanes and
signalization have been included as part of the Regional development charge calculations. If
necessary, a financial agreement will be entered into between the Subdivider and the Regional
Municipality of Waterloo to provide for reimbursement in the event the Subdivider front-ends
the costs associated with the traffic control signals and the northbound and southbound left
turn lanes for Lackner Boulevard.
4. OTHER AGENCY CONDITIONS
That prior to the commencement of any grading or construction on the site, and prior to
registration of the plan, the owner shall submit the following plans and reports to the
satisfaction and approval of the Grand River Conservation Authority:
a)
A detailed Stormwater 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, stormwater 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.
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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
That prior to the signing of the final plan, the Ontario Municipal Board is to be advised by the
City's General Manager of Business and Planning Services that all pre-registration
requirements in Condition 2 have been met.
That prior to the signing of the final plan, the Ontario Municipal Board is to be advised by the
City's General Manager of Business and Planning Services that Condition 3 has been carried
out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the
Region to the City shall include a brief statement detailing how each condition has been
satisfied.
That prior to the signing of the final plan, the Ontario Municipal Board is to be advised by the
City's General Manager of Business and Planning Services that Condition 4 has 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 brief statement detailing how the
condition has been satisfied.
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.
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.
The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-law
96-025, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c. P.13, to prescribe a tariff
of fees for application, recirculation, draft approval, modification to draft approval and
registration release of plans of subdivision.
The proposed water distribution system meets the definition of a "water works" as defined in
the Ontario Water Resources Act prior to the construction of the proposed water supply
system. The proponent must ensure that the application for approval of water works, and
appropriate supporting information, are submitted to the Ministry of the Environment for
approval.
The proposed 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
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10.
11.
12.
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 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.
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.
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
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APPENDIX '7'
DRAFT PLAN OF SUBDIVISION 30T-97014
(Teakwell Holdings Limited)
That the Ontario Municipal Board, pursuant to Section 51. (31) of the Planning Act R.S.O.
1990 Chapter P. 13 as amended, and delegation By-law 97-061, grant draft approval to Plan of
Subdivision Application 30%95014 in the City of Kitchener, for Teakwell Holdings Limited,
subject to the following conditions:
That this approval applies to Plan of Subdivision 30T-95014 for Teakwell Holdings Limited, as
shown on the plan prepared by MacNaughton Hermsen Britton Clarkson Planning Ltd. dated
February 10, 2000 and as shown on the attached Plan of Subdivision prepared by the City of
Kitchener, dated February 15, 2000, 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 February 15, 2000, provided that minor changes to said plan,
acceptable to the City's General Manager of Business and Planning Services 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 General Manager of
Public Works in consultation with the City's General Manager of Parks and Recreation, 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 General
Manager of Public Works in consultation with the City's General Manager of Parks and
Recreation, the City's Director of Planning 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 Archaeological Survey and
Rescue Excavation of any significant archaeological remains found on the site, at the expense
of the Subdivider.
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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 Director of Planning;
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 General Manager of
Public Works 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 Director of
Planning;
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 Director of Planning, 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 Director of Planning 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.O. 1990, as amended, for any filling,
grading or proposed structures, including roads, stormwater management facilities and/or
outlets located within wetlands, the scheduled Fill Line or Regulatory Floodline for the Grand
River or the regulatory floodline for Idlewood Creek. Such permit shall be obtained prior to on-
site grading, the installation of services and prior to registration of the Subdivision Plan.
57.
Notwithstanding any bonding arrangements, no building permit shall be applied for or issued
for a dwelling on any lands within the plan until the sanitary pumping station, forcemain and
related appurtenances are constructed and operational to the satisfaction of the City's General
Manager of Public Works, 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 General Manager of Public Works, in which case no
occupancy of any dwelling shall be permitted prior to acceptance of said works.
58.
That prior to construction or registration of any stage of the plan, the Subdivider shall make
arrangements for any additional land required for the proposed pumping station to be
conveyed at no cost and free of encumbrance to the City, together with the granting of any
required easements, to the satisfaction of the City's General Manager of Public Works.
That the sanitary pumping station, forcemain and related appurtenances, shall be completed to
the satisfaction of the City's General Manager of Public Works.
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58. (Cont'd)
It is acknowledged that these works, including design expenses, are included in the City's
Development Charge By-law 99-106, as amended, and the City shall be responsible for 100%
of the cost of these works.
If sufficient money is not allocated from the appropriate City Development Charge Account(s)
to permit the City to fund these works and the Subdivider wishes to proceed, the Subdivider
agrees to provide and up-front the cost of these works.
Accordingly, the City agrees to recognize any monies paid by the Subdivider for any works or
services normally paid out of the City's Development Charge Account, with such monies
representing a credit towards any City Development Charge payable for each lot or block only
within the registered plan. Said credit shall be granted for the Development Charge payable
prior to the issuance of building permits for those lots or blocks identified by the Subdivider and
included in a Supplementary Agreement with the City to be registered against the title of each
identified lot or block.
If the registration of the plan is staged, a Supplementary Agreement identifying each lot or
block for which credits are payable shall be registered for each stage prior to the registration of
each stage of the plan of subdivision, until there is no outstanding balance remaining.
When no outstanding credit balance remains, then the Development Charges will be paid in
the normal manner in accordance with the City's By-law.
If, following the registration of the entire plan of subdivision and issuance of all building
permits, there is any outstanding balance, it shall remain with the lands to be used as a credit
for future development, or alternatively, the City shall enter into an agreement with the
Subdivider, under Section 40 of the Development Charges Act, to enable the transfer of
Development Charge credits to other benefiting lands within the community, subject to
satisfactory arrangements being made between all parties.
59.
That the street names within the Plan of Subdivision shall be approved by City Council prior to
registration of any stage of the 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 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 General Manager of Public Works.
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. 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 Director of Planning, the City's General Manager of Public Works and the
Commission's Engineer.
63. For the division of any lots or blocks by Part Lot Control, the Subdivider agrees as follows:
to submit a draft reference plan for each lot or block, showing all required maintenance
easements and eave encroachments if the lots or blocks are proposed for zero sideyard
housing and obtain approval of the draft reference plan from the City's General
Manager of Business and Planning Services, the City's General Manager of Public
Works and the Commission's Engineer;
ii)
to pay all current outstanding taxes prior to the submission of a Part Lot Control
Exemption By-law to the City's Council;
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63. (Cont'd)
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 General Manager of Business
and Planning Services;
iv) to receive final approval of a Part Lot Control Exemption By-law;
v)
that no building permits shall be issued until the above steps are completed and the
lots and blocks are is in compliance with the approved reference plan and the approved
servicing and grading plans;
vi)
that any further division of lands to create additional building parcels shall require the
submission of subsequent reference plans to be approved in accordance with steps i),
ii), iii) and iv) above.
vii)
that notwithstanding step v) above, in the event that only one dwelling is to be
constructed on a block in advance of final approval of a Part Lot Control Exemption By-
law, in order to ensure that the proper and orderly ultimate development of the block is
not compromised, the Subdivider agrees that prior to the issuance of any building
permits:
a)
to submit a draft reference plan for each block, showing all required maintenance
easements and eave encroachments if the lots or blocks are proposed for zero
sideyard housing, and obtain approval of the draft reference plan from the City's
Director of Planning, the City's General Manager of Public Works and the
Commission's Engineer; 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, Zoning and Inspections.
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 General Manager of Public Works in consultation with the City's
Director of Planning 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 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 General Manager of Public Works 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 Street One 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 General Manager of Public
Works, as part of the development of the plan.
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69.
That in addition to the standard subdivision sign content, the required subdivision sign(s) shall
include the following information:
a) Approved NEF noise contour and planning contour information.
b) A warning clause for all lands within the plan to read as follows:
"Residential dwellings in this area will be fitted with a forced air-directed heating system
and ducting, suitably sized and designed to permit the future installation of a central air
conditioning system by the occupant(s). Installation of central air conditioning by the
occupant(s) will allow windows and exterior doors to remain closed, thereby ensuring
that indoor sound levels are within the Municipality's and the Ministry of the
Environment's noise criteria. Despite these measures, prospective purchasers and
tenants are advised that all lots and blocks in this plan of subdivision are located within
or in close proximity to one of the flight paths leading into and out of the Waterloo
Regional Airport and that noise from aircraft using this flight path may cause concern to
some individuals."
c) The extent of the structural setback on Block 3.
70.
To include the following warning clause in all Offers to Purchase and Agreements of Purchase
and Sale and/or rental agreements for all residential lots and blocks within this plan.
"WARNING CLAUSE
This dwelling unit has been fitted with a forced air-directed heating system and ducting suitably
sized and designed to permit the future installation of a central air conditioning system by the
occupant(s). Installation of central air conditioning by the occupant(s) will allow windows and
exterior doors to remain closed, with the intent to ensure that the indoor sound levels are within
the Municipality's and the Ministry of the Environment's noise criteria. Despite these
measures, prospective purchasers and tenants are advised that all lots and blocks in this plan
of subdivision are located within or in close proximity to one of the flight paths leading into and
out of the Waterloo Regional Airport and that noise from aircraft using this flight path may
cause concern to some individuals."
71. That subdivision agreement section 70. shall not be released from title.
72.
That each residential dwelling unit within this plan shall be fitted with a forced air - directed
heating system and ducting suitably sized and designed to permit the future installation of a
central air conditioning system by the occupant(s). Further, that as a condition of the issuance
of building permits for all Lots and Blocks within this plan, a qualified Professional Engineer
shall provide his professional opinion confirming the building components including windows,
doors, walls and ceiling/roof have been designed to achieve the indoor sound level criteria of
the Ministry of the Environment and Energy ("MOEE") in its publication: "Noise Assessment
Criteria and Land Use Planning", LU-131 or any successor document in place at the time of
the issuance of building permit(s). For the purposes of this condition, the term "qualified
Professional Engineer" means a Professional Engineer registered in the Province of Ontario
who specializes in acoustics. As part of the final "as built" inspection the qualified Professional
Engineer shall carry out a construction review to confirm to the City that the "as built"
construction conforms to the approved building permit plans and in particular, the building
components required to achieve the indoor sound level criteria.
73.
That at the time of registration of any stage of the plan to erect at each main entrance to the
community, a permanent noise warning sign with the content to read as follows:
"Prospective purchasers and tenants are advised that noise emanating from one of the flight
paths leading into and out of the Waterloo Regional Airport, an airport which is in proximity to
all lots and blocks on the east side of Lackner Boulevard, may cause concern to some
individuals and may interfere with some activities of the dwelling occupants."
The size and location of the sign(s) shall be approved by the City's Director of Planning.
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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 General Manager of Public Works.
75.
To dedicate, by plan registration, to the City, at no cost and free of encumbrances, all road
widenings and public walkways upon registration of each stage of the plan of subdivision.
76.
To convey to the City the following lands for the purposes stated therein, at no cost and free of
encumbrance, concurrently with registration of the subdivision plan:
a)
b)
c)
d)
Block 18, for park purposes;
Blocks 19 and 20 for open space purposes;
Block 21, for stormwater management purposes; and,
Block 23, for a 0.3 metre reserve.
77.
The City Solicitor, upon notification by the Subdivider, shall arrange for a by-law to be
presented to Council for opening reserve Block 21 as "public highway" at such time as
adjoining streets are constructed, accepted and are open to the public, to the satisfaction of
the City's General Manager of Public Works.
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 Director of Planning, 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 General Manager of Parks
and Recreation 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 General Manager of Parks and Recreation, prior to occupancy of
any dwelling in the affected blocks, or in the event of winter conditions, prior to June 1st of the
following spring.
81.
The Subdivider agrees to install 1.2 metre high paige wire fencing, or an alternative marking
system, along the rear of Blocks 1 to 4 where they abut Idlewood Creek and Blocks 13 to 16
where they abut Block 18, and the side lot lines of Blocks 1 and 17 where they abut Blocks 20
and 19, to the satisfaction of the City's General Manager of Parks and Recreation, 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.
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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 Street One 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 General Manager
of Public Works in consultation with the City's Director of Planning. Should this plan proceed
prior to Stage 3 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
Street One, and to construct the intersection of Street One with Woolner Drive on the road
allowance for the future Fairway Road, all to the satisfaction of the City's General Manager of
Public Works, as part of the development of the plan.
85.
That the detailed design of Street One is to consider alternative engineering standards if
necessary to minimize impacts on environmental features as a result of the extension of Street
One beyond the limits of this plan. Any alternative standards are to be approved by the City's
General Manager of Public Works.
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 Commission's 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 Director of
Planning in consultation with the City's General Manager of Public Works prior to the installation
of services.
88.
That landscape plans of the proposed storm water management facility shall be approved by
the City's General Manager of Parks and Recreation 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 General Manager of Parks and Recreation. 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 General
Manager of Parks and Recreation.
89.
That prior to acceptance by the City's General Manager of Public Works 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
General Manager of Parks and Recreation.
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 and Culture:
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3. (Cont'd)
a)
That the owner enter into an Agreement of Servicing with the Regional Municipality of
Waterloo to preserve access to municipal water supply and municipal wastewater
treatment services prior to final approval or any agreement for the installation of
underground services, whichever occurs first. Where the owner has already entered
into an agreement for installation of underground servicing with the area municipality,
such agreement shall be amended to provide for a Regional Agreement for Servicing
prior to registration of
shall advise prior to
wastewater treatment
registered.
any part of the plan. The Regional Commissioner of Engineering
an Agreement for Servicing that sufficient water supplies and
capacity is available for this plan, or the portion of the land to be
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."
2)
In the event this subdivision proceeds to final approval in conjunction with adjacent lands, east
of Idlewood Creek, the Regional Municipality of Waterloo shall, prior to final approval, secure
the financial resources for the installation of traffic control signals at the intersection of Lackner
Boulevard and Fairway Road. It is acknowledged that the costs of signalization have been
included as part of the Regional development charge calculations. If necessary, a financial
agreement will be entered into with the Regional Municipality of Waterloo to provide for
proportionate front-ending and reimbursement of the financial resources required for the
installation of the traffic control signals. In the event this subdivision proceeds to final approval
in advance of adjacent lands east of Idlewood Creek, the owners will be required to complete
an updated traffic impact study that will specifically address the need to signalize Fairway
Road and Lackner Boulevard, and if necessary, a financial agreement will be entered into with
the Regional Municipality of Waterloo to provide for reimbursement in the event financial
resources for the traffic control signals are front-ended by the owners.
4. OTHER AGENCY CONDITIONS
1)
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 Stormwater Management Report in accordance with the 1994 Ministry of
Environment and energy Report entitled "Stormwater 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, stormwater 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.
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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
That prior to the signing of the final plan, the Ontario Municipal Board is to be advised by the
City's General Manager of Business and Planning Services that all pre-registration
requirements in Condition 2 have been met.
That prior to the signing of the final plan, the Ontario Municipal Board is to be advised by the
City's General Manager of Business and Planning Services that Condition 3 has been carried
out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the
Region to the City shall include a brief statement detailing how each condition has been
satisfied.
That prior to the signing of the final plan, the Ontario Municipal Board is to be advised by the
City's General Manager of Business and Planning Services that Condition 4 has 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 brief statement detailing how the
condition has been satisfied.
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.
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.
The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-law
96-025, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c. P.13, to prescribe a tariff
of fees for application, recirculation, draft approval, modification to draft approval and
registration release of plans of subdivision.
The proposed water distribution system meets the definition of a "water works" as defined in
the Ontario Water Resources Act prior to the construction of the proposed water supply
system. The proponent must ensure that the application for approval of water works, and
appropriate supporting information, are submitted to the Ministry of the Environment for
approval.
The proposed 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.
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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 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.
11.
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.
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
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APPENDIX '9'
DRAFT PLAN OF SUBDIVISION 30t-97015
(Northlake Homes Limited)
That the Ontario Municipal Board, pursuant to Section 51.(31) of the Planning Act R.S.O.
1990, Chapter P. 13 as amended, and delegation By-law 97-061, grant draft approval to Plan of
Subdivision Application 30T-97015 in the City of Kitchener, for Northlake Homes Limited,
subject to the following conditions:
That this approval applies to Plan of Subdivision 30T-97015 for Northlake Homes Limited as
shown on the plan prepared by MacNaughton Hermsen Britton Clarkson Ltd. dated February
10, 2000 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener,
dated February 15, 2000, which shows the following:
Stage One
Blocks 1-3
Block 4
Block 5
Block 6
Blocks 7, 8, 9
- maximum 65 units
- residential (singles, semis)
- temporary stormwater management / multiple residential
- future development
- walkway
- road widening
Stage Two
Blocks 1-11
Block 12
Block 13
Blocks 14-17
- maximum 29 units
- residential (singles, semis)
- walkway
- road widening
- 0.3m reserves
Stage Three
Blocks 1-16, 21-32
Blocks 17-20
Block 33
Block 34
Blocks 35-38
- maximum 221 units
- residential (singles, semis)
- residential (singles, semis, multiples)
- service corridor / walkway
- walkway
- 0.3m reserves
Stage Four
Block 1
- school
Stage Five
Blocks 1-10
Block 11
Block 12
Blocks 13, 14
Block 15
- maximum 89 units
- residential (singles)
- park
- storm drainage
- future development
- 0.3m reserve
Stage Six
Blocks 1 and 2
Block 3
- maximum 20 units
- residential (singles)
- walkway
Stage Seven
Blocks 1-4
Block 5
- maximum 32 units
- residential (singles)
- 0.3 metre reserve
Stage Eight
Blocks 1-4
Block 5
Block 6
- maximum 22 units
- residential (singles, semis)
- service corridor / walkway
- road widening
Stage Nine
Blocks 1-9
Block 10
- maximum 45 units
- residential (singles)
- service corridor / walkway
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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 February 15, 2000, provided that minor changes to said plan,
acceptable to the City's General Manager of Business and Planning Services 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 General Manager of
Public Works in consultation with the City's General Manager of Parks and Recreation, 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 stormwater 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 General
Manager of Public Works in consultation with the City's General Manager of Parks and
Recreation, the City's Director of Planning, the Region's Commissioner of Planning and
Culture 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 stormwater 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 and ESPA No. 25. The Subdivider further agrees to implement all required
measures as outlined in the approved final design prior to commencement of grading.
54.
That prior to any grading or construction, and final approval of all or any part of the Draft Plan
of Subdivision, a consultant Archaeologist shall carry out an Archaeological Survey and
Rescue Excavation of any significant archaeological remains found on the site, at the expense
of the Subdivider.
55.
That in consideration of the wooded character of portions of the subdivision lands and the
City's desire to minimize the impact of development on treed areas worth retaining, to comply
with the following process to develop the subdivision in accordance with the City's approved
Tree Management Policy:
a)
prior to the City releasing the Subdivision Plan for registration, the Subdivider shall
submit a Detailed Vegetation Plan for the approval of the City's Director of Planning;
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 General Manager of
Public Works 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 Director of
Planning;
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55. (Cont'd)
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 Director of Planning, 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 Director of Planning 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.O. 1990, as amended, for any filling,
grading or proposed structures, including roads, stormwater management facilities and/or
outlets located within a wetland. Such permit shall be obtained prior to on-site grading, the
installation of services and prior to registration of the Subdivision Plan.
57.
Notwithstanding any bonding arrangements, no building permit shall be applied for or issued
for a dwelling on any lands within the plan until the sanitary pumping station, forcemain and
related appurtenances are constructed and operational to the satisfaction of the City's General
Manager of Public Works, 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 General Manager of Public Works, in which case no
occupancy of any dwelling shall be permitted prior to acceptance of said works.
58.
That prior to construction or registration of any stage of the plan, the Subdivider shall make
arrangements for any additional land required for the proposed pumping station to be
conveyed at no cost and free of encumbrance to the City, together with the granting of any
required easements, to the satisfaction of the City's General Manager of Public Works.
59.
That the sanitary pumping station, forcemain and related appurtenances, shall be completed to
the satisfaction of the City's General Manager of Public Works.
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.
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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 approved by City Council prior to
registration of any stage of the plan.
61.
That construction traffic to and from this proposed subdivision shall be restricted to using
Woolner Drive/Fairway Road to Lackner Boulevard. 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 General Manager of
Public Works.
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. 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 Director of Planning, the City's General Manager of Public Works and the
Commission's Engineer.
64. For the division of any lots or blocks by Part Lot Control, The Subdivider agrees as follows:
i)
to submit a draft reference plan for each lot or block, showing all required maintenance
easements and eave encroachments if the lots or blocks are proposed for zero sideyard
housing and obtain approval of the draft reference plan from the City's General
Manager of Business and Planning Services, General Manager of Public Works and
the Commission's Engineer;
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 General Manager of Business
and Planning Services;
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
Director of Planning, the City's General Manager of Public Works and the
Commission's Engineer; and
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64. (Cont'd)
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 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 General Manager of Public Works as part of the
development of Stage 1 and Stage 8 of the plan.
68.
To restore with a tar and chip surface, any portion of Zeller Drive to the south of the
subdivision and any portion of existing Woolner Drive east of Street One, that may be
disturbed as a result of the construction of services, all to the satisfaction of the City's General
Manager of Public Works 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 Street One 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 and to upgrade Woolner Drive as a
two lane road from that point east to Street One. Said road shall be designed and constructed
by the Subdivider to the satisfaction of the City's General Manager of Public Works, as part of
the development of Stage 3 of the plan.
70.
That in addition to the standard subdivision sign content, the required subdivision sign(s) shall
include the following information:
1) Approved NEF noise contour and planning contour information.
2) A warning clause for all lands within the plan to read as follows:
"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."
71.
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.
"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
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71. (Cont'd)
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 each lot and block within this plan except for Blocks 5 and 6 of Stage 5,
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.
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 Director of Planning.
75.
That the subdivision shall be registered in nine stages with Stage 1 consisting of Blocks 1 to 9
inclusive, Stage 2 consisting of Blocks 1 to 17 inclusive, Stage 3 consisting of Blocks 1 to 38
inclusive, Stage 4 consisting of Block 1, Stage 5 consisting of Blocks 1 to 15 inclusive, Stage 6
consisting of Blocks 1 to 3 inclusive, Stage 7 consisting of Blocks 1 to 5 inclusive, Stage 8
consisting of Blocks 1 to 6 inclusive and Stage 9 consisting of Blocks 1 to 10 inclusive.
Further, the Subdivider agrees that the Plan of Subdivision shall be registered in accordance
with the following special conditions:
1. Stages 1 and 2 may register concurrently or in any order, subject to the other conditions
within this clause.
Stage 2 shall be registered concurrently with either Stage 3 or Stage 7. In the event
Stages 2 and 7 proceed prior to Stage 3 of this Plan, they shall be registered
concurrently with or subsequent to Stage 4 of Subdivision 30T-97012. Should Stage 2
proceed prior to Stage 3 of this plan, the Subdivider agrees to upgrade Woolner Drive
as a two lane road from a point approximately 258 metres east of Lackner Boulevard to
Zeller Drive and to upgrade Zeller Drive as a two lane road from Woolner Drive to the
limit of the plan all to the satisfaction of the City's General Manager of Public Works, as
part of the development of Stage 2 of the plan. Should Stage 2 proceed concurrently
with or following Stage 3 of this plan, the Subdivider agrees to upgrade Woolner Drive
by making improvements to the geometrics in the area of the curve.
3. Street 3 shall be registered concurrently with or subsequent to Stage 2.
4. Stages 4, 5 and 6 may register concurrently or in any order but each of Stages 4, 5 and
6 shall be registered concurrently with or subsequent to Stage 3.
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75. (Cont'd)
Stage 7 shall be registered concurrently with or subsequent to Stage 2. Should Stage
7 proceed prior to the registration of Stage 4 of Subdivision 30T-97012, Stage 3 shall
also be registered and the Subdivider shall construct a temporary turn circle over
Block 2 of Stage 7 to the satisfaction of the City's General Manager of Public Works.
Building permits will not be available for Blocks 2 and 3 of Stage 7 until such time as
Street One of Subdivision 30T-97012 is open to vehicular traffic and connects to Zeller
Drive, at which time the Subdivider shall remove the temporary turning circle to the
satisfaction of the City's General Manager of Public Works.
6. Stage 8 shall be registered concurrently with or subsequent to Stage 1 of Subdivision
30T-97012.
7. Stage 9 shall be registered concurrently with or subsequent to Stage 2 of this plan and
Stage 1 of Subdivision 30T-97012.
76.
To dedicate, by plan registration, to the City of Kitchener, at no cost and free of encumbrances,
all road widenings and public walkways upon registration of each stage of the plan of
subdivision.
77.
To convey to the City the following lands for the purposes stated therein, at no cost and free of
encumbrances, concurrently with the registration of each stage of the subdivision plan:
Stage Two:
(a) Blocks 14-17 inclusive, for 0.3 metre reserves.
Stage Three:
(a) Blocks 35-38 inclusive, for 0.3 metre reserves.
Stage
(b)
(c)
Five:
Block 11, for park purposes;
Block 12, for storm drainage purposes; and
Block 15, for a 0.3 metre reserve.
Stage Seven:
(a) Block 5, for a 0.3 metre reserve.
78.
That 0.3 metre reserves may be required to facilitate the staging of the plan and all 0.3 metre
reserves shall be shown on the final plan(s) for registration. The City Solicitor, upon
notification by the Subdivider, shall arrange for a by-law to be presented to Council for opening
said reserves as "public highway" following the registration of subsequent stages of the plan,
the completion of the road works and the opening of roads to vehicular traffic, to the
satisfaction of the City's General Manager of Public Works. 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 35.549 hectares, shall be 1.777 hectares. This shall be satisfied by both
the conveyance of Block 11 of Stage 5 (1.140 hectares) to the City, at no cost and free of
encumbrance, concurrently with the registration of Stage 5, as well as a cash-in-lieu of
parkland contribution for 50% of the remainder, equivalent to the value of 0.319 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. The other 50% of the remainder shall be satisfied by the
conveyance to the City, at no cost and free of encumbrance, concurrently with the registration
of Stage 5, of that portion of ESPA No. 25 which is owned by the Subdivider and is adjacent to
this plan.
80.
To identify concrete transit pads at all planned transit stop locations on the engineering
servicing drawings to the satisfaction of the City's General Manager of Public Works, 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.
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81.
That prior to registration of Stages 7 and 9, 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 General Manager of Public Works, and
operational prior to occupancy of any dwelling in Stages 2, 7 or 9.
82.
To submit a micro-drainage study, lotting and servicing plans for Stages 4 and 6 for the
approval of the City's General Manager of Public Works in consultation with the City's Director
of Planning, and the Region's Commissioner of Planning and Culture, prior to any grading or
construction within the limits of Stages 4 and 6 and prior to the registration of Stage 4 or 6. as
identified in the Environmental Impact Assessment prepared by Ecoplans Limited and dated
November, 1999. The objectives of the micro-drainage study are to maintain pre-development
surface runoff volumes relative to the adjacent ESPA's and Wetlands W-6b, W-6c and W-6d
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 General Manager of
Public Works.
83.
That the servicing design of Stage 6 shall be approved by the City's General Manager of
Public Works in consultation with the City's Director of Planning and the Region's Director of
Planning and Culture and shall be consistent with the recommendations of the Environmental
Impact Assessment prepared by Ecoplans Limited and dated November, 1999.
84.
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 Director of Planning, 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.
85.
That, prior to registration of Stage 6 and commencement of grading, the Subdivider shall
prepare a planting and site rehabilitation plan for the buffer areas relative to Wetlands W-6b
and W-6d 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
General Manager of Parks and Recreation in consultation with the City's Director of Planning
and Region's Commissioner of Planning and Culture. The Subdivider further agrees to
implement the approved plan prior to occupancy of any dwelling units within Stage 6.
86.
To install to the satisfaction of the City's General Manager of Parks and Recreation paige wire
fencing or an alternative marking system as a boundary identification system along the lot lines
which abut ESPA 25 and Idlewood Creek, 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. This fencing may substitute for any fencing required by section 55.
87.
To fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod Block
11 of Stage 5 to the satisfaction of the City's General Manager of Parks and Recreation. 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
General Manager of Parks and Recreation.
88.
That no building permits will be issued for Blocks 4 and 8 of Stage 2, Blocks 13, 18, 30 and 31
of Stage 3, Block 3 of Stage 8 and Blocks 2 and 8 of Stage 9 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.
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89.
That no building permits will be issued for Blocks 1 to 3 of Stage 1, Blocks 1 to 3 and 9 to 11 of
Stage 2, Blocks 14 to 17 and 32 of Stage 3, Block 4 of Stage 8 and Blocks 1 and 9 of Stage 9
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. 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 and Rockway Holdings Limited or its successor has confirmed
in writing to the City 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.
90.
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 Stages 1, 2, 3, 7, 8 and 9:
"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."
91.
That it is intended that Block 13 of Stage 5 is to be consolidated with and held in identical
ownership as adjacent lands to the west. In the event that consolidation does not occur within
one year of the registration of Stage 5, then Block 13 may be consolidated with Block 3 and/or
Block 14 of Stage 5.
92.
To construct a temporary turning circle to City standards on Block 14 of Stage 5, as shown on
the attached subdivision plan. Said turning circle shall be designed, constructed and
ultimately removed to the satisfaction of the City's Manager of Public Works. At such time as
Street 12 is extended onto adjacent lands to the west, the City Solicitor, upon notification by
the Subdivider, shall arrange for a by-law to be presented to Council for the opening of the
0.3 metre reserve, the Subdivider shall remove the turning circle and building permits will be
available for Block 13 of Stage 5.
93.
a)
The Subdivider agrees to pay its fair and reasonable share of the costs of a centralized
stormwater management facility within the Grand River South Community that serves
more than one Subdivider. Costs will be calculated on a contributing volume basis and
will include fair market value for land, design and tendered construction costs.
b)
The City agrees to include a similar condition as part of its approval of any other
subdivision contributing flows to the centralized stormwater management facility.
c)
In the event that the Subdivider registers any of Stages 1 to 7 of this plan prior to the
implementation of any other centralized stormwater management facility that may be
approved by the City's General Manager of Public Works, the Subdivider agrees to
convey to the City at no cost and free of encumbrance, Block 4 of Stage 1 for temporary
stormwater management purposes. At such time as any other centralized stormwater
management facility has been approved and implemented to the satisfaction of the
City's General Manager of Public Works, the City acknowledges that Block 4 of Stage 1
will be surplus to its needs and agrees to reconvey the block to the Subdivider without
cost, subject only to the submission of documentation acceptable to the City's General
Manager of Public Works that the Subdivider has paid its fair and reasonable share of
the costs.
94.
That Block 5, Stage 1 be conveyed to the City for potential road allowance purposes.
Following completion of the Class Environmental Assessment and Functional Design Study for
the extension of Fairway Road (Regional Road 53) from Zeller Drive to the Grand River, and
the approval of the design for the Zeller Drive / Fairway Road intersection, the City
acknowledges that any residual lands contained in Block 5, Stage 1 that are not required for
the approved Fairway Road alignment and its intersection with Zeller Drive will be surplus to
the City's needs and the City agrees to reconvey, without cost, to the Subdivider any residual
lands which are to be consolidated by the Subdivider with Block 4 of Stage 1.
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95.
That Block 1 of Stage 4 be reserved for the Waterloo Catholic District School Board. The
Subdivider agrees to obtain a letter from the said School Board indicating that a satisfactory
agreement has been entered into with respect to the acquisition of Block 1 of Stage 4 for
school purposes, to be submitted to the City's Director of Planning, prior to the City's release of
Stage 4 of the Plan of Subdivision for registration.
96.
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 Commission's engineering drawings to co-ordinate the locations
of these utilities and shall be responsible for ensuring that these separations are maintained.
97.
That a plan showing driveway locations for all lots shall be approved by the City's Director of
Planning in consultation with the City's General Manager of Public Works prior to the
installation of services
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 and Culture:
That the owner enter into an agreement with the Regional Municipality of Waterloo for Blocks
7, 8, 18, 19 and 20 of Stage 3 and Block 1 of Stage 5, that the following clause be included in
all offers to purchase and sale and rental agreements:
"Due to its proximity to Fairway 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-directed heating
system suitably sized to permit the future installation of a central air conditioning system by the
occupant(s)."
That the owner enter into an agreement with the Regional Municipality of Waterloo, to prepare
a Noise Study to indicate to the Regional Municipality of Waterloo, methods to be used to
abate traffic noise levels for Block 4, Stage 1, and if necessary shall enter into an agreement
with the Region to provide for implementation of the approved noise study attenuation
measures prior to issuance of building permits.
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."
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a) That prior to final approval of Stages 2, 7, 8 and 9 of Subdivision 30T-97015, the Regional
Municipality of Waterloo will secure the physical and financial resources for the installation of
northbound and southbound left turn lanes on Lackner Boulevard and traffic control signals at
the intersection of Lackner Boulevard and Zeller Drive. It is acknowledged that the costs of the
left turn lanes and signalization have been included as part of the Regional development
charge calculations. If necessary, a financial agreement will be entered into between the
Subdivider and the Regional Municipality of Waterloo to provide for reimbursement in the event
the Subdivider front-ends the costs associated with the traffic control signals and the
northbound and southbound left turn lanes for Lackner Boulevard.
b) That prior to final approval of Stage 3, the Regional Municipality of Waterloo shall be in
possession of the physical and financial resources to provide an all-ways stop control at the
Lackner Boulevard and Fairway Road intersection.
4. OTHER AGENCY CONDITIONS
That prior to the commencement of any grading or construction on the site, and prior to
registration of the plan, the owner shall submit the following plans and reports to the
satisfaction and approval of the Grand River Conservation Authority:
a)
A detailed Stormwater 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, stormwater management facilities
and/or outlets located within the scheduled Fill Line or Regulatory Floodline for the
Grand River and/or the Regulatory Floodline/Fill Line associated with Idlewood Creek.
That the subdivision agreement between the owners and the City of Kitchener contain
provisions for the completion of the works in accordance with the approved plans and reports
noted in a) through c) above.
5. CLEARANCE CONDITIONS
That prior to the signing of the final plan, the Ontario Municipal Board is to be advised by the
City's General Manager of Business and Planning Services that all pre-registration
requirements in Condition 2 have been met.
That prior to the signing of the final plan, the Ontario Municipal Board is to be advised by the
City's General Manager of Business and Planning Services that Condition 3 has been carried
out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the
Region to the City shall include a brief statement detailing how each condition has been
satisfied.
That prior to the signing of the final plan, the Ontario Municipal Board is to be advised by the
City's General Manager of Business and Planning Services that Condition 4 has 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 brief statement detailing how the
condition has been satisfied.
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.
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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.
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.
The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-law
96-025, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c. P.13, to prescribe a tariff
of fees for application, recirculation, draft approval, modification to draft approval and
registration release of plans of subdivision.
The proposed water distribution system meets the definition of a "water works" as defined in
the Ontario Water Resources Act prior to the construction of the proposed water supply
system. The proponent must ensure that the application for approval of water works, and
appropriate supporting information, are submitted to the Ministry of the Environment for
approval.
The proposed 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.
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
2O).
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.
11.
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.
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
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12. (Cont'd)
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