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HomeMy WebLinkAboutCouncil Minutes - 2004-02-16 SSPECIAL COUNCIL MINUTES FEBRUARY 16, 2004 CITY OF KITCHENER A special meeting of City Council was held at 6:10 p.m. this date, Chaired by Mayor C. Zehr and with all members present except Councillor B. Vrbanovic. Notice of this special meeting had been previously given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. Council considered a recommendation arising from the Finance and Corporate Services Committee meeting held this date regarding Corporate Services Department report CRPS-04-024 recommending the declaration of surplus lands at the corner of Wabanaki Drive and Fairway Road and the acceptance of an Offer to Purchase from Kitchener-Wilmot Hydro. Moved by Councillor M. Galloway Seconded by Councillor J. Smola "That a portion of Motz Park, located at the southeast corner of Fairway Road and Wabanaki Drive, described as part of Lots 10 and 12, Municipal Compiled Plan 961, Part of Lots 4 and 5, Municipal Compiled Plan 962, and Part of Lot 3, Registrar's Compiled Plan 1524, in the City of Kitchener, be declared surplus to the City's needs; and further, That the City accepts an offer from Kitchener-Wilmot Hydro Inc., in a form and content satisfactory to the City Solicitor, to purchase a portion of Motz Park located at the southeast corner of Wabanaki Drive and Fairway Road in Kitchener, at an appraised value of $800,000." Carried. Mayor C. Zehr informed Council that with respect to the in-camera meeting request, due to a staff illness, one of the matters listed on the notice of special meeting, pertaining to potential litigation will not be dealt with this date. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Council meet in-camera this date to consider a personal matter, a labour relations matter, a potential litigation matter and one matter subject to solicitor-client privilege." Carried. The special meeting then recessed at 6:12 p.m. and re-convened at 8:59 p.m., Chaired by Mayor C. Zehr and with all members present except Councillor B. Vrbanovic. Council considered a recommendation arising from the Development and Technical Services Committee meeting held this date with respect to Draft Plan of Subdivision Application 30T-01205 and various development applications submitted by Sunvest Development Corp. for lands in the area of Glasgow Street - University Avenue / Ira Needles Boulevard. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "A. That the Glasgow Heights Community Plan be repealed. That Zone Change Application ZC 01/20/G/BS (Sunvest Development Corp.) requesting a change in zoning from Agricultural Zone (A-l) to Residential Four Zone (R-4), Residential Four Zone (R-4) with special regulation provision 408R, Residential Six Zone (R-6) and Hazard Land Zone (P-3) on lands legally described as Part of Lot 39, German Company Tract, Parts 1-6 on Plan 58R-11362, in the City of Kitchener, be approved in the form shown in the attached "Proposed By-law 'A'", dated February 16th, 2004, without conditions. That Zone Change Application ZC 03/22/U/BS (City of Kitchener) requesting a change in zoning from Neighbourhood Institutional Zone (I-1) to Public Park Zone (P-l) and Residential Four Zone (R-4) on lands legally described as Part Lot 34, German Company Tract, more particularly described as Parts 2 to 5, Plan 58R-6687, in the City of Kitchener, SPECIAL COUNCIL MINUTES FEBRUARY 16, 2004 - 68 - CITY OF KITCHENER be approved, in the form shown in the attached "Proposed By-law 'B'", dated February 16th, 2004, without conditions. That a demolition permit be issued for the existing residential dwelling on lands legally described as Part of Lot 39, German Company Tract, Parts 1-6 on Plan 58R-11362, in the City of Kitchener, subsequent to the owner of the lands entering into a Subdivision Agreement with the City of Kitchener and prior to the servicing of Stage 1 of Plan of Subdivision 30T-01205. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.©. 1990, Chapter P 13 as amended, and delegation by-law 97-061, grant draft approval to Plan of Subdivision Application 30T-01205, in the City of Kitchener, for Sunvest Development Corp., subject to the following conditions: That this approval applies to Plan of Subdivision 30T-01205 as shown on the plan prepared by Planning and Engineering Initiatives Ltd. last revised January 30th, 2004 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated February 2®, 2004, which shows the following: Stage 1 Block 1 Blocks 2-5 Blocks 6-8 Block 9 Blocks 10 Block 11 Blocks 12, 13 Block 14 - 181 units - semi-detached (20 units) - single detached (57 units) - street townhouses (50 units) - multiple unit residential (54 units) - walkway -stormwater management pond and Henry Sturm Greenway - road widening (Ira Needles Boulevard) - daylighting triangle Stage 2 Blocks 1-5 Block 6 Block 7 - 97 units - single detached (76 units) - street townhouses (21 units) - walkway Stage 3 Block 1 Blocks 2-10 Blocks 11, 12 - 125 units - semi-detached (30 units) - single detached (95 units) - walkway Total - 403 units 2. CITY OF KITCHENER CONDITIONS: 2.1That the Mayor and Clerk be authorized to sign a City Standard Residential Subdivision Agreement, satisfactory to the City Solicitor, with the SUBDIVIDER (Sunvest Development Corp.) regarding the lands shown outlined on the attached Plan of Subdivision dated nd February 2 , 2004 and which shall contain the following special conditions: Section 3 Prior to Servicing 3.16 The SUBDIVIDER agrees that the plan shall be registered in three stages in accordance with the following: a) Stage 1 must be registered first; b) Stage 2 shall be registered concurrently with or at any time subsequent to the registration of Stage 1; c) Stage 3 shall be registered concurrently with or at any time subsequent to the registration of Stage 1. 3.17 The SUBDIVIDER shall make satisfactory financial arrangements with the Director of Engineering for the construction of a 1.5 metre wide concrete sidewalk along University Avenue and West Hill Drive/Ira Needles Boulevard. SPECIAL COUNCIL MINUTES FEBRUARY 16, 2004 - 69 - CITY OF KITCHENER 3.18 The SUBDIVIDER shall obtain demolition permits for the existing dwelling and other accessory buildings from the CITY's Chief Building Official. 3.19 The SUBDIVIDER shall make arrangements to provide any servicing extensions, if necessary, to service Plan of Subdivision 30T-87059 (Lacewood Developments Inc.) in the City of Waterloo and Plan of Subdivision 30T-02208 (Sandberry Investments) to the satisfaction of the CITY's Director of Engineering. 3.20 The SUBDIVIDER shall indicate the location of any noise walls, if required, on the Lot Grading Control Plan to the satisfaction of the CITY's Director of Engineering. Section 4 Prior to the Issuance of Building Permits 4.22 The SUBDIVIDER agrees to undertake any measures required to ensure proper water pressure to all lots and blocks within the proposed development, to the satisfaction of the CITY'S Director of Engineering or Chief Building Official, and to install the required services and facilities to secure an adequate water supply from the City of Waterloo until the new pumping station for Kitchener Pressure Zone 6 is on line, to the satisfaction of CITY'S Director of Engineering and the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services. 4.23 a) The SUBDIVIDER agrees that no building permits shall be applied for on any lot or block in any phase of the subdivision until satisfactory arrangements are made with the CITY'S Chief Building Official to install and maintain a direct-to-fire alarm monitoring system for each and every dwelling to be constructed within this subdivision. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. b) Occupancy of each dwelling shall not be permitted until the CITY'S Chief Building Official has confirmed that the direct-to-fire alarm monitoring system referenced to in 4.23 a) is operational. c) Such system shall remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the CITY Solicitor is notified by the CITY'S Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. 4.24 The SUBDIVIDER shall install permanent 1.8 metre high chain link fencing along the mutual lot line between Block 11 (Stage 1) and the CN Rail right-of-way to the satisfaction of the CITY's Director of Engineering. Section 6 Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to Countrystone Drive at University Avenue, and prohibited from using existing Glasgow Street and other internal residential streets in the community. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the SUBDIVIDER being responsible for any required signage, all to the satisfaction of the CITY'S Director of Engineering. 6.11 The SUBDIVIDER agrees that prior to pre-servicing or registration of Stage 1 of the plan, whichever is first, that the CITY be in receipt of a registerable deed for land northeast of Block 3 (Stage 1) on the north side of existing Glasgow Street, legally described as Part 1, Plan 58R-14178, that would provide for the widening/re-alignment of Glasgow Street and furthermore, the SUBDIVIDER shall be responsible for the design and construction of said road to the satisfaction of the CITY's Director of Engineering. 6.12 The SUBDIVIDER agrees that entrance features shall be installed in accordance with the approved plans prior to issuance of the first occupancy permit in Stage 1 SPECIAL COUNCIL MINUTES FEBRUARY 16, 2004 - 70 - CITY OF KITCHENER for Countrystone Drive (at University Avenue) to the satisfaction of the CITY's Manager of Design and Development and Director of Engineering. 2.2That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions: 1. The City Standard Residential Subdivision Agreement be registered on title. 2. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Manager of Design & Development and shall obtain approval therefrom. 3. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering, with coordinate values and elevations thereon and submit for registration the plans showing the location of the monuments, their coordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. The SUBDIVIDER shall make satisfactory arrangements with Kitchener Wilmot Hydro for the provision of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telephone services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: (a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to HYDRO, and telephone companies and the City, to the CITY'S Manager of Design & Development. (b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering for municipal services; (c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; (d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Manager of Design & Development or, in the case of parkland, the CITY'S Community Services Department; and (e) to provide to the CITY'S Manager of Design & Development, a clearance letter from each of HYDRO and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. 8. The SUBDIVIDER shall make arrangements to release the existing Hydro easement located along the easterly boundary of the subdivision, south of Countrystone Drive. 9. That the following warning clause be registered on title and included in all offers to purchase and sale agreements or rental agreements for Block 5 (Stage 2): SPECIAL COUNCIL MINUTES FEBRUARY 16, 2004 - 71 - CITY OF KITCHENER "Due to its proximity to the CN/Goodrich Exeter Railway, projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipafity of Waterloo and may cause concern to some individuals." 10.The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. 11.The SUBDIVIDER shall have an environmental professional prepare landscape plans for the stormwater management facility to the satisfaction of the CITY's Community Services Department. 12.The SUBDIVIDER shall satisfy the total 5% parkland dedication for the entire subdivision, which dedication is 1.08 hectares, in addition to the parkland deferral of 0.384 hectares from other lands owned by the SUBDIVIDER, through the conveyance of 1.47 hectares of land legally described as Part Lot 34, German Company Tract, being Part 3, Plan 58R6687, by the registration of a parkland deferral agreement, if required, on such lands. 13.The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major entrance to the subdivision, in accordance with a plan approved by the CITY'S Manager of Design & Development, in accordance with the following criteria: a) The sign shall be located outside the required yard setbacks of the applicable zone and outside the corner visibility triangle, with the specific, appropriate location to be approved by the CITY's Manager of Design & Development; b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6 metres, and a maximum area of 13 square metres; c) Graphics shall depict the features within the limits of the subdivision including, without limiting the generality of the foregoing, approved street layout, including emergency access roads, zoning, lotting and specific land uses, types of parks, storm water management areas, hydro corridors, trail links and walkways, potential or planned transit routes and bus stop locations, notification regarding contacts for school sites, noise attenuation measures, environmentally sensitive areas, tree protection areas, special buffer/landscaping areas, water courses, flood plain areas, railway lines and hazard areas and shall also make general reference to land uses on adjacent lands including references to any formal development applications, all to the satisfaction of the CITY'S Manager of Design & Development; d) Approved subdivision billboard locations shall be conveniently accessible to the public for viewing. Low maintenance landscaping is required around the sign and suitable parking and pedestrian access may be required between the sign location and public roadway in order to provide convenient accessibility for viewing; and, e) The SUBDIVIDER shall ensure that the information is current as of the date the sign is erected. Notice shall be posted on the subdivision billboard signs advising that information may not be current and to obtain updated information, inquiries should be made at the CITY'S Department of Development and Technical Services. 14.The SUBDIVIDER shall convey to the CITY the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of the plan of subdivision: STAGE 1 a) Block 11 for stormwater management/open space purposes. 15.To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Manager of Design & Development, a detailed written submission documenting how all SPECIAL COUNCIL MINUTES FEBRUARY 16, 2004 - 72 - CITY OF KITCHENER conditions imposed by this approval that require completion prior to registration of the subdivision plan(s), have been satisfied. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services: 1. That the owner agrees to stage the development of this subdivision in a manner satisfactory to the Regional Commissioner of Planning, Housing and Community Services. That the subdivision agreement be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the Regional Commissioner of Planning, Housing and Community Services prior to final approval of the subdivision plan. a) That the owner enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Transportation and Environmental Services shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. b) That the owner include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfilment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered." That prior to any grading, the SUBIDIVIDER shall submit a storm water management report for the entire draft plan of subdivision to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. That prior to the registration of the entire plan or, where appropriate, the individual affected stages of the plan, the SUBDIVIDER shall enter into a registered agreement(s) with the Regional Municipality of Waterloo to provide for implementation of an approved noise study to abate noise levels for University Avenue and/or Ira Needles Boulevard, including but not limited to the following: a) That residential dwellings on Blocks 6 to 8 (Stage 1) inclusive will be constructed with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. b) That the following warning clause be registered on title and included in all offers to purchase and sale agreements or rental agreements for Blocks 6 to 8 (Stage 1) inclusive: "Due to its proximity to Ira Needles Boulevard, projected noise levels on the property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. SPECIAL COUNCIL MINUTES FEBRUARY 16, 2004 - 73 - CITY OF KITCHENER Moreover, this dwelling has been fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants." c) That the following warning clause be registered on title and included in all offers to purchase and sale agreements or rental agreements for Block 6 (Stage 2) and all units on Block 5 (Stage 2) within 120 metres of the centreline of Ira Needles Boulevard: "Due to its proximity to Ira Needles Boulevard, 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." d) That the following warning clause be registered on title and included in all offers to purchase and sale agreements or rental agreements for all units backing onto University Avenue in Block 1 (Stage 3): "Due to its proximity to the University Avenue, projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipafity of Waterloo and may cause concern to some individuals." That the SUBDIVIDER shall enter into a registered agreement to prepare a noise study, to the satisfaction of the Regional Municipality of Waterloo, in consultation with the City of Kitchener, to indicated methods to be used to abate traffic noise levels for Ira Needles Boulevard on Block 9 (Stage 1) prior to any site plan approval of said Block and, if necessary, shall provide for implementation of the approved noise study attenuation measures at the appropriate time frame. The intention is to avoid the use of physical noise attenuation features wherever possible between the street line of Ira Needles Boulevard or University Avenue and the building line. That prior to registration of the plan, the SUBDIVIDER shall satisfy the requirements of Grand River Transit relating to the operation of bus service within the plan, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. The SUBDIVIDER shall dedicate the required road widenings, including Blocks 12 and 13 (Stage 1) and daylight triangles, including Block 14 (Stage 1) to the Region as public highway. That prior to registration of the plan, the SUBDIVIDER shall enter into a registered agreement with the Regional Municipality of Waterloo, if necessary, to provide for implementation of the approved Traffic Impact Study prepared by Paradigm. 10.That the SUBDIVIDER obtain a Regional Road Access Permit to University Avenue prior to the construction of Countrystone Drive. 11 .That the SUBDIVIDER enter into an agreement with the Regional Municipality of Waterloo to include a warning of the land fill site in a form acceptable to the Region's Commissioner of Planning, Housing and Community Services. 4. OTHER AGENCY CONDITIONS 1. That prior to the commencement of any grading or construction on the site, and prior to registration of the plan, the SUBDIVIDER shall submit the following plans and reports to the satisfaction of the Grand River Conservation Authority: a) A detailed Stormwater Management Report and plans in accordance with the 2003 Ministry of the Environment and Energy Report entitled "Stormwater Management Practices Planning and Design Manual" and in keeping with the Preliminary Stormwater Management Report (prepared by Planning and Engineering Initiatives Ltd. dated April 11,2003 as revised July 14, 2003). b) A detailed Lot Grading, Servicing and Drainage Plan SPECIAL COUNCIL MINUTES FEBRUARY 16, 2004 - 74 - CITY OF KITCHENER c) An Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority's Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. d) An application for Fill, Construction and Alteration to Waterways Regulation Permit pursuant to Ontario Regulation 149, as amended, prior to any construction within a wetland or floodplain of the Henry Sturm Greenway, the realignment of the Henry Sturm Greenway and alterations to tributary "A" as per the Class Environmental Assessment. 2. That if any proposed alteration to the existing drainage pattern affects CN Rail property, the SUBDIVIDER must receive prior concurrence from CN Rail and provide a drainage report to the satisfaction of CN Rail. 5. CLEARANCE CONDITIONS That prior to the signing of the final plan by the CITY's Manager of Design & Development, the Manager shall be advised by the Regional Commissioner of Planning, Housing and Community Services that Conditions 3.1 to 3.11 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied. That prior to the signing of the final plan by the CITY's Manager of Design & Development, the Manager shall be advised by the Grand River Conservation Authority that Condition 4.1 has been carried out to the satisfaction of the GRCA. The clearance letter from the GRCA shall include a brief statement detailing how the condition has been satisfied. That prior to the signing of the final plan by the CITY's Manager of Design & Development, the Manager shall be advised by CN Rail that Condition 4.2, if required, has been carried out to the satisfaction of CN Rail, with the clearance letter including a brief statement detailing how the condition has been satisfied. That prior to the signing of the final plan by the CITY's Manager of Design & Development, the Manager shall be advised by Kitchener-Wilmot Hydro that Conditions 2.2.5 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. That prior to the signing of the final plan by the CITY's Manager of Design & Development, the Manager shall be advised by the telephone companies that Conditions 2.2.6 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. 6. NOTES Development Charges The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality are applicable. Registry Act The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. Updated Information It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Development and Technical Services Department of any changes in ownership, agent, address and phone number. Fees The owner/developer is advised that the City of Kitchener and the Regional Municipality of Waterloo have adopted By-Laws, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. SPECIAL COUNCIL MINUTES FEBRUARY 16, 2004 - 75 - CITY OF KITCHENER Approvals for Servicing Systems The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Stormwater Management The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Sewage System 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. Planning Act Applicability This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). Regional Servicing Agreement 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, Housing and Community Services Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Transportation and Environmental Services to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. Registration Release 10.To ensure that a City or Regional Release is issued by the City's Manager of Design & Development or the Regional Commissioner of Planning, Housing and Community Services to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all City or Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the City or Regional Planner responsible for the file, no later than December 15th. City and Regional staff can not ensure that a City or Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. Final Plans - Subdivision 11.When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. FEBRUARY 16, 2004 SPECIAL COUNCIL MINUTES - 76 - CITY OF KITCHENER 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." Carried. Council then considered a matter arising from the in-camera meeting of Council held this date regarding the Collective Agreement negotiations with CUPE Local 68 - Civic Employees and Mechanics Unit. Council was in receipt of Strategic Services Department reports SSD-04-003 and SSD-04-006 recommending approval of the terms and conditions contained in the Memorandum of Settlement in connection with the Collective Agreements with CUPE Local 68. Moved by Councillor J. Smola Seconded by Councillor M. Galloway "That the terms and conditions contained in a Memorandum of Settlement dated February 4, 2004, in connection with the 2004-2007 Collective Agreement with CUPE Local 68 - Civic Workers, be approved; and, That the terms and conditions contained in a Memorandum of Settlement dated February 10, 2004, in connection with the 2004-2006 Collective Agreement with CUPE Local 68 - Mechanics Unit, be approved; and further, That the Mayor and Clerk be authorized to execute any documentation arising therefrom." Carried. Moved by Councillor J. Gazzola Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws for three readings and that the same be taken as read a first, second and third times, be finally passed and numbered serially by the Clerk. (a) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Sunvest Development Corp. - University Ave./Ira Needles Blvd. (By-law No. 2004-29) (b) To confirm all actions and proceedings of the Council. (By-law No. 2004-30)." Carried. On motion, the meeting adjourned at 9:02 p.m. MAYOR CLERK