HomeMy WebLinkAboutCouncil Minutes - 1992-11-23COUNCIL\1992-11-23
COUNCIL MINUTES
NOVEMBER 23, 1992
The Council of the Corporation of the City of Kitchener met this date with all members present.
On motion by Alderman B. Stortz, the minutes of the regular meeting held on November 9, 1992, as
mailed to the Mayor and Aldermen, were accepted.
Alderman J. Ziegler welcomed members of the 29th Scout Troup of St. Aloysius and their Leaders who
were in attendance this date.
Mr. Paul Britton, MacNaughton, Hermsen, Britton & Clarkson, appeared on behalf of Cybau Holdings
Incorporated and in support of Clause #4 of the Planning and Economic Development Committee report
(November 16, 1992) of this date concerning their Zone Change and Subdivision Applications.
Moved by Alderman J. Ziegler
Seconded by Alderman C. Weylie
"That Clause #4 of the report of the Planning and Economic Development Committee (November
16, 1992) of this date be adopted."
Carried.
Mr. Jerry Platt and Ms. Gina Platt, 355 Culpepper Place, Waterloo, appeared to request relief from a
$500.00 fee for a Transient Trader Licence relative to a newly opened business at 295 Lancaster Street
West. Mr. Platt explained that his wife previously owned a business at 294 King Street East, which was
closed on September 1, 1991 and, subsequently, re-opened on Lancaster Street. He explained that
since they do not reside in Kitchener they are defined as Transient Traders under the definition in
Chapter 598 of the Municipal Code. He added that the licence fee amounts to an advance payment on
the business assessment.
Alderman B. Stortz explained that this situation is similar to an issue previously addressed by Council
relative to the Schlueter car dealership, and noted that Council had granted relief in that instance.
Moved by Alderman B. Stortz
Seconded by Alderman J. Ziegler
"That Council grant relief from the fee for a Transient Trader Licence relative to the business at
295 Lancaster Street West operated by Ms. Gina Platt."
Alderman C. Zehr questioned whether the premises the Platt's rent in the City of Kitchener is their only
location and whether they pay business taxes in Kitchener and Mr. Platt replied to both instances in the
affirmative, adding that the new business has been opened under the same name. Mr. J. Wallace
pointed out that the $500.00 licence fee is subsequently credited to business taxes and was established
to ensure that a business does not close or otherwise default on taxes prior to billing. Mr. T. McKay noted
that business taxes are not a lien on property and a business could close before the tax is collected. Mr.
Platt replied that they have a 7 1/2 year record of operating businesses in Kitchener.
The previous motion by Alderman B. Stortz, seconded by Alderman J. Ziegler, to grant relief from the
Transient Trader Licence fee was voted on and Carried.
Moved by Alderman J. Ziegler
Seconded by Alderman C. Weylie
"That the report of the Planning and Economic Development Committee of Council (November 9,
1992) of this date be adopted.
Alderman B. Stortz asked that Clause #2 be deferred and referred to staff to be considered in the context
of the Secondary Plan Review. He explained that upon closer examination he felt the neighbourhood
should be allowed the benefit of discussion, and noted that he would support the Plan at the
neighbourhood level.
Alderman B. Stortz put forward a motion, seconded by Alderman J. Ziegler, that consideration of Clause
#2 of the report of the Planning and
COUNCIL M/NIYFES - 688 - NOVEMBER 23, 1992
Economic Development Committee (November 9, 1992) of this date be deferred and referred to staff to
be considered in the context of the Secondary Plan Review.
Alderman M. Yantzi questioned why this item should be deferred as similar amendments have been
made to other Secondary Plans. Mr. T.B. Stanley pointed out that the Central Frederick Secondary Plan
review will not take place until early in 1994 and expressed concern over the impact of such a delay on
the Comprehensive Zoning By-law. Mr. T. McCabe suggested that the Central Frederick Secondary Plan
could be considered in conjunction with the Official Plan Amendment process and a series of
neighbourhood meetings scheduled for the Spring of 1993. Alderman B. Stortz agreed to amend his
previous motion to reflect the suggestion of Mr. McCabe.
Moved by Alderman B. Stortz
Seconded by Alderman J. Ziegler
"That consideration of Clause #2 of the report of the Planning and Economic Development
Committee (November 9, 1992) of this date be deferred and referred to the Official Plan
Amendment process for Stage 6 of the new Comprehensive Zoning By-law."
Carried.
The report proper was put to a vote.
Voted on clause by clause.
Clause #2 Consideration deferred and referred to the
Official Plan Amendment process for Stage 6 of the new
Comprehensive Zoning By-law.
Balance of Report - Carried.
Relative to Clause #3 of the Planning and Economic Development Committee report (November 9, 1992),
Alderman T. Galloway questioned how the City would make its view on housing intensification known to
the Province. He suggested that staff be directed to investigate the possibility of an exemption from
Provincial legislation in view of the City's initiatives to allow second dwelling units in a large area of the
municipality. Ms. S. Frenette advised that it was unlikely the Province would accept this as grounds for
an exemption, however, this option could be investigated. Alderman Galloway questioned the strength of
Council's resolve in opposing the Provincial initiatives.
Mr. T. McKay explained that the Association of Municipalities of Ontario (A.M.O.) will be organizing a
municipal response and a copy of any resolution in this regard should be directed to them. Alderman J.
Ziegler agreed and stated that a copy of the resolution before Council this date as well as information on
the Council initiative to allow 50% duplexing in new subdivisions should be forwarded to both A.M.O. and
the Province.
Alderman B. Stortz stated that, in his opinion, Council had not dealt with the issue of intensification
satisfactorily, and should not approach the Province for an exemption from the legislation. Alderman J.
Ziegler replied that Council has dealt with the issue and rejected the spirit of the Provincial initiative as
regards established areas of the City. Alderman M. Yantzi stated that he agrees Land Use Policy
decisions should be made at the local level and not by the Province, but wished it recorded that he does
not agree with Paragraph 3 of Clause #3 which states that the City strongly disagrees with the Province's
position that second residential units be allowed as of right in all zoning areas. Alderman B. Stortz also
advised that he wishes to go on record as being opposed to Paragraph 3 of Clause #3. Alderman G.
Lorentz stated that, in his opinion, the Province has overstepped its authority by attempting to interfere
with municipal planning. Alderman T. Galloway advised that he does not wish to see duplexing as a right
anywhere in the City, and suggested that Council should be more proactive in opposing the Provincial
initiatives.
Moved by Alderman J. Ziegler
Seconded by Alderman C. Weylie
COUNCIL M/NIYFES - 689 - NOVEMBER 23, 1992
"That the report of the Planning and Economic Development Committee (November 16, 1992) of
this date be adopted."
Voted on clause by clause.
Clause #4 - Dealt with under Delegations and Carried.
Balance of Report - Carried.
Moved by Alderman G. Lorentz
Seconded by Alderman B. Stortz
"That the report of the Community Services Committee of this date be adopted."
Carried.
Moved by Alderman C. Zehr
Seconded by Alderman B. Stortz
"That the report of the Finance and Administration Committee of this date be adopted."
Carried.
Moved by Alderman J. Smola
Seconded by Alderman M. Wagner
"That the report of the Public Works and Transportation Committee of this date be adopted."
Alderman J. Ziegler asked that Clause #3 relative to a proposed increase in transit fares be dealt with
separately. He expressed the view that the increase is unacceptable and will probably further discourage
use of the transit system. Alderman G. Leadston also indicated that he would not support the
recommendation. Alderman G. Lorentz advised that he supports the proposed fare increase on the basis
that the City must work toward creating a user pay system.
Alderman M. Wagner asked whether the student complaints referred to in a recent newspaper article
were isolated. Mr. Beck replied that his office has received no complaints to date, with the increase in
student fares only affecting a small number of individuals who are not eligible for subsidized
transportation. Mr. Beck further advised that transit passes, which are used by approximately 10,000
students, are not being increased. In instances where transportation is subsidized, the School Boards
will be approached for funding of the proposed increase.
Mr. T. McKay reminded Council that the monthly reports which they currently receive would indicate any
negative impact on ridership. Mr. Beck added that it would be approximately 3 months before the reports
would reflect any short term impact from the proposed increase. He pointed out that staff are also
pursuing cost cutting measures, and if these are successful a second increase in 1993 may not be
required. Alderman G. Leadston questioned whether any increase is required in view of the cost cutting
initiatives. Mr. McKay responded that the City is faced with a $300,000.00 reduction in transit revenue in
1992 and the cost cutting measures referred to would not likely off-set this amount. He also reminded
Council of the pending Uniroyal closing which would also have a negative impact on ridership.
The report was then put to a vote.
Voted on clause by clause.
Clause #3 - Carried.
Balance of Report - Carried.
COUNCIL M/NIYFES - 690 - NOVEMBER 23, 1992
Alderman J. Ziegler referred to a noise problem on Gerard Avenue which was previously dealt with by
Council in December 1991. He advised that at that time the Legal Department was asked to investigate
options for improved enforcement by City staff, including the issuing of tickets under the Provincial
Offences Act. Mr. J. Wallace replied that a review of the Noise By-law has been discussed. Alderman
Ziegler pointed out that it would be necessary to appoint staff to issue tickets for noise offences in
advance of changing the City By-law. Mr. Wallace agreed to report back to Council at or before the
December 14, 1992 meeting.
Alderman J. Ziegler advised that Ms. Irene Zalagenas was recently approached by the Fair Tax
Commission and invited to make a presentation, and at that time a similar opportunity was extended to
the City. He stated that the Commission would hear presentations in late November or early December
and asked the City Clerk investigate further.
Mr. T. McKay noted that Council does not have an expressed opinion on Market Value Assessment but
has indicated a position on implementation which would involve a phase-in over a 4 year period and, in
effect, create a rolling assessment process. Alderman J. Ziegler further suggested that a cap should be
considered relative to assessment amounts. In response to a question from Alderman G. Leadston,
Alderman Ziegler indicated that he would not be prepared to speak to the Commission on behalf of the
City. He pointed out that he has already put his thoughts in writing and indicated that these could be
passed along to the Commission if Council so wished. Alderman C. Zehr expressed the opinion that any
phase-in should be carried by the entire assessment load.
It was generally agreed that the City Clerk would obtain the necessary information concerning the
presentation to the Fair Tax Commission and submit same for consideration at the December 7, 1992
Finance and Administration Committee meeting.
Alderman J. Ziegler introduced a resolution on behalf of Mr. R.W. Pritchard suggesting that the method
used by City Council in taking recorded votes should more closely parallel that of the Regional
Municipality of Waterloo. In this regard, it was suggested that members of Council stand when indicating
their vote. Alderman Ziegler stated that he had refused to present the motion until the voting procedure
was tested at the Region, and expressed his concern that standing during recorded votes could be used
to intimidate or coerce other Aldermen. He asked whether Council wished to amend the Procedural By-
law to require standing for a recorded vote.
Moved by Alderman C. Zehr
Seconded by Alderman M. Yantzi
"That no action be taken at this time on the proposal to amend the Council Procedural By-law to
require members of Council to stand and state their position in instances where a recorded vote is
requested."
Carried.
Alderman M. Yantzi commented on the use of high pressure sodium lighting in the Downtown and
conveyed concerns expressed to him over the quality and character of the light. He asked that staff
investigate the possibility of an alternate lighting form with the same intensity of illumination but a different
character. Mayor D.V. Cardillo asked that Mr. S. Gyorffy take Alderman Yantzi's request under
advisement.
Alderman G. Leadston referred to a petition to the House of Commons which was recently circulated by
the Federation of Women Teachers of Ontario asking the Federal Government to prohibit the import,
distribution and sale of "Killer Cards" featuring the crimes of serial killers, mass murderers and gangsters,
and asked for Council's support.
Moved by Alderman G. Leadston
Seconded by Alderman J. Smola
"That the Federal Government amend the laws of Canada to prohibit the inportation, distribution,
sale and manufacture of 'Killer Cards' in law and to advise producers of 'Killer Cards' that if their
product is destined for Canada, it will be seized and destroyed, and further,
That a copy of this resolution be forwarded to the Minister of National Revenue and local M.P.'s."
Carried.
COUNCIL M/NIYFES - 691 - NOVEMBER 23, 1992
Alderman M. Wagner inquired as to whether the City participates in a Home Repair Grant Program. Mr.
T. McKay replied in the affirmative indicating that the City places regular ads in this regard and Mayor
D.V. Cardillo asked that Ms. M. O'Brien circulate Alderman Wagner with the relevant information.
Alderman T. Galloway referred to his letter of November 20, 1992 concerning a request from a group of
citizens in Pioneer Park to waive the Farmers' Market facility rental fee in conjunction with a meeting to
oppose the Women's Correctional Facility site selection. He advised that the organization, People
Protecting Homes and Children, has changed the proposed meeting date to December 7, 1992 and,
since there is no Community Services Committee meeting in the interim, have asked that the grant
request be considered this date. Alderman Galloway noted that the rental rate has been revised and now
stands at $523.00.
Alderman C. Zehr expressed the opinion that the request should be dealt with at the December 7th
Committee meeting following receipt of the normal grant application. He advised that he would support
the request at that time. Alderman G. Lorentz referred to the City's grant guidelines and expressed
concern over the process, indicating that the group should submit the formal application required of other
organizations.
A motion by Alderman C. Zehr, seconded by Alderman G. Lorentz, to refer consideration of the in-kind
grant request from People Protecting Homes and Children to the December 7, 1992 meeting of the
Community Services Committee pending receipt of the normal grant application was voted on and LOST.
Mr. R. Arnot clarified that the $523.00 cost at issue involves set-up, take down, security and G.S.T.
Moved by Alderman T. Galloway
Seconded by Alderman M. Wagner
"That Council waive the facility rental fee for the Kitchener Farmers' Market in conjunction with a
meeting to be held on December 7, 1992, and organized by People Protecting Homes and
Children, to oppose the Women's Correctional Facility site selection."
Carried.
Mr. T. McKay reminded Council of the Private Members Bill before the Legislature dealing with
representation on Hospital Boards. He noted that the term of the City's appointee was extended into
1993 until such time as the Provincial legislation is enacted, on the understanding that this would take
place in the Spring. He advised that it is unlikely the legislation will be enacted by that time and in
conversations with the President and Chief Executive Officer of the K-W Hospital Commission it was
concluded that both municipalities should advertise for a new Board replacement. The advertisement
should also indicate that the Private Members Bill before the Legislature will change representation on
the Commission.
Council concurred with the request of Mr. L. Neil to add 4 Part Lot Control Exemption By-laws for three
readings this date relative to Wake Robin Drive.
Moved by Alderman C. Weylie
Seconded by Alderman T. Galloway
"That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a)
Being a by-law to amend By-law 4830 known as the Zoning By-law - L.Tremblay - Irvin
Street - No. 91/19/I/JW
(b)
Being a by-law to provide for the widening of part of Ontario Street as a public highway in
the City of Kitchener
(c)
Being a by-law to provide for the widening of part of Guelph Street as a public highway in
the City of Kitchener
6. (Cont'd)
(d)
Being a by-law to amend Chapter 408 of The City of Kitchener Municipal Code with respect
to Animals - Regulation
COUNCIL M/NIYFES - 692 - NOVEMBER 23, 1992
(e)
Being a by-law to amend Chapter 650 of The City of Kitchener Municipal Code with respect
to Lot Maintenance
(f)
Being a by-law to amend Chapter 170 of The City of Kitchener Municipal Code with respect
to Purchasing and Materials Management
(g)
Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code regarding
Appointments of Staff
(h) Being a by-law to amend The City of Kitchener Municipal Code
(i)
Being a by-law to provide for the establishing and laying out of part of Wildlark Crescent as
a public highway in the City of Kitchener
(J)
Being a by-law to exempt a certain lot from Part Lot Control - Lots 13 & 14, Registered Plan
1730 - Tamvale Crescent
(k) To confirm all actions and proceedings of the Council
Being a by-law to exempt a certain lot from Part Lot Control - Block 42, Registered Plan
1757 -Wake Robin Drive
(m)
Being a by-law to exempt a certain lot from Part Lot Control - Part Block 41, Registered
Plan 1757 and part of Lot 46, German Company Tract - Wake Robin Drive
(n)
Being a by-law to exempt a certain lot from Part Lot Control - Part Block 41, Registered
Plan 1757 -Wake Robin Drive
(o)
Being a by-law to exempt a certain lot from Part Lot Control - Block 43, Registered Plan
1757 -Wake Robin Drive
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
D.V. Cardillo appointed Alderman B. Stortz as Chairman.
On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the
Chair.
Moved by Alderman B. Stortz
Seconded by Alderman G. Lorentz
"That the proceedings and the recorded conflicts taken in the meeting of the Committee of the
Whole held this date, as attached hereto and forming part of these minutes, be and the same are
hereby adopted and confirmed."
Carried.
Moved by Alderman C. Weylie
Seconded by Alderman T. Galloway
"That the by-laws listed on the agenda for third reading, namely:
(a)
Being a by-law to amend By-law 4830 known as the Zoning By-law - L.Tremblay - Irvin
Street - No. 91/19/I/JW
(By-law No. 92-257)
(b)
Being a by-law to provide for the widening of part of Ontario Street as a public highway in
the City of Kitchener
(By-law No. 92-258)
COUNCIL M/NIYFES - 693 - NOVEMBER 23, 1992
8. (Cont'd)
(c)
Being a by-law to provide for the widening of part of Guelph Street as a public highway in
the City of Kitchener
(By-law No. 92-259)
(d)
Being a by-law to amend Chapter 408 of The City of Kitchener Municipal Code with respect
to Animals - Regulation
(By-law No. 92-260)
(e)
Being a by-law to amend Chapter 650 of The City of Kitchener Municipal Code with respect
to Lot Maintenance
(By-law No. 92-261)
(f)
Being a by-law to amend Chapter 170 of The City of Kitchener Municipal Code with respect
to Purchasing and Materials Management
(By-law No. 92-262)
(g)
Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code regarding
Appointments of Staff
(By-law No. 92-263)
(h)
Being a by-law to amend The City of Kitchener Municipal Code
(By-law No. 92-264)
(i)
Being a by-law to provide for the establishing and laying out of part of Wildlark Crescent as
a public highway in the City of Kitchener
(By-law No. 92-265)
(J)
Being a by-law to exempt a certain lot from Part Lot Control - Lots 13 & 14, Registered Plan
1730 - Tamvale Crescent
(By-law No. 92-266)
(k)
To confirm all actions and proceedings of the Council
(By-law No. 92-267)
Being a by-law to exempt a certain lot from Part Lot Control - Block 42, Registered Plan
1757 -Wake Robin Drive
(By-law No. 92-268)
(m)
Being a by-law to exempt a certain lot from Part Lot Control - Part Block 41, Registered
Plan 1757 and part of Lot 46, German Company Tract - Wake Robin Drive
COUNCIL MINUTES
- 694-
NOVEMBER 23, 1992
(By-law No. 92-269)
(n)
Being a by-law to exempt a certain lot from Part Lot Control - Part Block 41, Registered
Plan 1757 -Wake Robin Drive
(By-law No. 92-270)
(Cont'd)
(o) Being a by-law to exempt a certain lot from Part Lot Control - Block 43, Registered Plan
1757 -Wake Robin Drive
(By-law No. 92-271)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
Carried.
On motion, the meeting adjourned.
MAYOR CLERK
COUNCIL M/NIYFES - 695 - NOVEMBER 23, 1992
REPORTS ADOPTED BY COUNCIL - NOVEMBER 23, 1992
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (NOVEMBER 9, 1992)
That the Official Plan Amendment 92/11 (Second Dwellings in Single Detached Houses) listed
herein and the by-law implementing same be approved, namely:
SECTION 4 - THE AMENDMENT
The Official Plan for the City of Kitchener is amended as follows:
Section V.7. "Low Density Residential" is amended by inserting the following as the
second paragraph in the text:
"All zoning bylaws implementing plans of subdivision for which
applications were made after October 15, 1991, shall permit
duplexes in all zoning categories that permit single detached dwellings covering a
minimum of 50 percent of the lots located in such subdivisions within such zoning
categories."
Section V.8. "High Density Residential" is amended by inserting the following as the
second paragraph in the text:
"All zoning bylaws implementing plans of subdivision for which applications were
made after October 15, 1991, shall permit duplexes in all zoning categories that
permit single detached dwellings covering a minimum of 50 percent of the lots
located in such subdivisions within such zoning categories."
It is the opinion of this Committee that approval of this Official Plan Amendment is proper planning
for the City.
That the Official Plan Amendment 92/12 (Central Frederick Neighbourhood Secondary Plan -
Second Dwellings in Single Detached Houses) listed herein and the by-law implementing same be
approved, namely:
SECTION 4 - THE AMENDMENT
That the Central Frederick Secondary Plan as approved by the Ontario Municipal Board on June
12, 1989 be revised as follows:
That the designation now called "Single Detached Dwellings" be retitled "Low Density
Conservation - A."
2. That the text explaining this designation be replaced with the following:
"The intent of the 'Low Density Conservation - A' designation is to preserve the scale, use
and intensity of existing development. This designation is applied to those portions of the
community where the majority of land use is single detached dwellings, and where the
housing stock is stable and in good structural condition."
"Permitted uses are restricted to single detached dwellings, the conversion of single
detached dwellings to two units, duplexes, small group homes, private home day care and
home occupations, and those semi-detached dwellings and triplexes which are in
compliance with the Zoning By-law as of June 12, 1989."
It is the opinion of this Committee that approval of this Official Plan amendment is proper planning
for the City.
(CONSIDERATION DEFERRED AND REFERRED TO THE OFFICIAL PLAN AMENDMENT
PROCESS FOR STAGE 6 OF THE NEW COMPREHENSIVE ZONING BY-LAW.)
3. Whereas it is the City of Kitchener's position that a land use policy decision on accessory
COUNCIL M/NUTES - 696 - NOVEMBER 23, 1992
apartments in single family dwellings ought to be made at the local level by individual Municipal
Councils.
And, whereas the Province of Ontario has given first reading to Bill 90, An Act to amend the
Planning Act and the Municipal Act with respect to Residential Units and Garden Suites.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
NOVEMBER 23, 1992
3. (Cont'd)
Therefore be it resolved, that the City of Kitchener strongly disagrees with the Province's position
that second Residential Units be allowed as of right in all zoning areas.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (NOVEMBER 16, 1992)
That effective February 1, 1993, the Economic Development Department provide the Planning and
Economic Development Committee with a monthly department activity report including Canada's
Technology Triangle activities.
2. A. That the Facade Loan Program "Schedule A" be amended to reflect the following revisions.
Within "Funding", a new paragraph be added to the effect that: "Owners and
operators of non-privately owned, non-commercial enterprises may apply for facade
loans, to be awarded at the discretion of the City of Kitchener".
Within "Funding", a new paragraph be added to read: "Owners and tenants may
apply for successive facade loans of $7,500.00 maximum, provided that previous
loans and interest charges have been repaid in full".
Within "Funding", a new paragraph be added to read: "The City of Kitchener may
approve facade loan applications from individual businesses operating from within a
single municipal address".
B. That the Interior Loan Program "Schedule A" be amended to reflect the following revisions:
Within "Funding", a new paragraph be added to the effect that: "Owners and
operators of non-privately owned, non-commercial enterprises may apply for interior
loans, to be awarded at the discretion of the City of Kitchener".
Within "Funding", a new paragraph be added to read: "Owners and tenants may
apply for successive interior loans of $7,500.00 maximum, provided that previous
loans and interest charges have been repaid in full".
Within "Funding", a new paragraph be added to read: "The City of Kitchener may
approve interior loan applications from individual businesses operating from within a
single municipal address".
That PD87/87 "Highland West Community Plan", as amended by PD 108/89, be revised as
follows:
a)
That Map "B", Land Use Plan, be revised so as to add one Multiple Residential (26 -
40 u.p.h.) site, one Open Space site and a Park site as shown on Map "B", attached,
and entitled, "Revised Highland West Community Plan", dated Revised October,
1992.
That Zone Change Application 90/49/H/PMc requesting a change in zoning from Township
"A" according to By-law 878-A to Semi-Restricted Residential (R2B), Semi-Restricted
Residential (R2C) with special regulations, Restricted Residential (R2A) and Park and
Public Open Space (P) according to By-law 4830, on Part of Lot 35, German Company
Tract, be approved in the form shown in the proposed By-law, attached, dated September
COUNCIL M/NIYFES - 697 - NOVEMBER 23, 1992
22, 1992, subject to the Subdivision Conditions contained in C. below:
That Subdivision Application 30T-90031 (Monarch Construction Ltd.) be recommended to
the Regional Municipality of Waterloo for draft approval, subject to the following conditions:
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
NOVEMBER 23, 1992
3. C. (Cont'd)
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 written therein.
The Subdivider covenant and agrees:
50.
That the final plans for registration purposes shall be prepared in accordance with the
attached plan of subdivision dated August 17, 1992 providing that minor amendments to
said plan, acceptable to the Commissioner of Planning and Development, and not affecting
the numbering of lots or blocks may be permitted without an amendment to this agreement.
51.
To submit a Lot Grading and Drainage Control Plan for the approval of the Commissioner
of Public Works, in consultation with the City's Department of Parks and Recreation, the
Regional Municipality of Waterloo, the Grand River Conservation Authority, and Ontario
Hydro, with the plan to be approved by those affected agencies prior to registration of each
stage of the Subdivision Plan.
52.
That prior to any grading or construction on the site to submit for the approval of the
Commissioner of Public Works, in consultation with the City's Department of Parks and
Recreation, the Regional Municipality of Waterloo, and the Grand River Conservation
Authority and Ontario Hydro a detailed engineering design for storm water management in
accordance with the Detweiler Drainage Study. Said engineering design shall 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.
53.
That in the event that there is insufficient monies available in the City's Development
Charge Reserve Fund to permit the City to fund the installation of the Detweiler Greenway
Sanitary Sewer Trunk and Detweiler Greenway watercourse improvements as required by
the Detweiler Drainage Plan:
a)
The Subdivider agrees to contract for and pay all the costs of the Detweiler
Greenway Sanitary Sewer Trunk and Detweiler Greenway watercourse
improvements as required by the Detweiler Drainage Plan.
b)
The City agrees to offset the costs properly paid by the Subdivider for the Detweiler
Greenway Sanitary Sewer Trunk and Detweiler Greenway watercourse
improvements as required by the Detweiler Drainage Plan.
c)
The offset will be made by the City only as a credit with respect to monies required
to be paid for City Development Charges for the Plan. Said offset shall be charged
initially against the pre-registration payment requirement for the engineering
services portion of the total Development Charge. Any remaining offset will be
credited against development charges payable at building permit issuance. In this
regard, prior to the registration of Stage 1 of the plan, the Subdivider shall provide to
the City a list of those lots or blocks to which credit will be assigned and the
Subdivider shall enter into a supplementary agreement with the City, registered
against title, outlining the specific lots or blocks having any Development Charge
credit.
COUNCIL M/NIYFES - 698 - NOVEMBER 23, 1992
d)
Upon the total of the offset reaching the amount of monies properly paid by the
Subdivider for the specified works, then the Development Charges will be paid in the
normal manner in accordance with the City's by-law in that regard.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
NOVEMBER 23, 1992
3. C. (Cont'd)
e)
Following completion of the construction of the Detweiler Greenway Sanitary Sewer
Trunk and Detweiler Greenway watercourse improvements as required by the
Detweiler Drainage Plan, all in a manner satisfactory to the City's Commissioner of
Public Works, the Subdivider shall provide evidence to the City, satisfactory to the
City Solicitor and the Commissioner of Public Works, as to the payment in full for
said works including evidence that there are no claims or possibility of claims under
the Construction Lien Act.
54.
To submit a study to determine the impact of urbanization on the stormwater management
pond in Block 112, Stage 1, with recommendations regarding mitigating measures and
future treatment of the pond, to be approved by the Commissioner of Public Works prior to
the registration of Stage 1 of this subdivision plan. Further, the Subdivider agrees to
implement the recommendations in accordance with the approved study.
55.
That the names of the Streets within the entire Plan of Subdivision shall be approved by
City Council prior to any registration of the Subdivision Plan. In particular, Westforest Trail
and Bankside Drive, as shown on the plan, shall be named as such.
56.
To convey to the City of Kitchener the following lands for the purposes stated therein, at no
cost and free of encumbrance, concurrently with the registration of the relevant Stage of the
Subdivision Plan:
Stage 1:
a) Block 112, for stormwater management/watercourse purposes,
b) Block 117, for a 0.3 metre reserve and,
c) Lot 3, for a temporary road.
Stage 2:
a) Blocks 121,122 and 123 for 0.3 metre reserves,
b) Block 115, for watercourse purposes,
c) Block 116, for park purposes,
57.
That the conveyance of Block 116, Stage 2 of this Plan of Subdivision and Block 48, Stage
2 of Plan of Subdivision 30T-88033 (totalling 2.466 hectares of land) shall satisfy the 5%
parkland dedication requirement of 1.639 hectares for this proposed plan of subdivision
and the parkland dedication requirement for previous plans of subdivisions by this
Subdivider as outlined in an agreement registered on title under Instrument Number
1032429. Further, that Block 113, Stage 1 of this Plan of Subdivision shall be purchased
by the City for parkland purposes at a price to be agreed to by both the Subdivider and the
City and as set out in the Second Part of the Second Schedule hereto. Further, that the
Subdivider provide a letter from the adjacent Owner to the City indicating that satisfactory
arrangements have been made between the two parties for the conveyance of Block 48,
Stage 2 of Plan of Subdivision 30T-88033 to the City at not cost to the City, such letter shall
be received by the City prior to the release of Stage 1 of this Plan of Subdivision.
58. To construct 1.5 metre concrete sidewalks to the satisfaction of the Commissioner of Public
Works, in the following locations:
COUNCIL MINUTES - 699 - NOVEMBER 23, 1992
i) both sides of Street One, Westforest Trail and Bankside Drive;
ii) the northerly side of Highland Road West which abuts this Plan of Subdivision;
iii) the easterly side of Victoria Street South for the length of this Subdivision.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
NOVEMBER 23, 1992
3. C. (Cont'd)
58. (Cont'd)
iv) One side of Streets Two, Three and Seven connecting to the public walkways.
59.
To be responsible for the provision for a 3 metre wide flat area for a Community Trail,
where feasible, within Block 112, Stage 1,; Block 115, Stage 2, and the construction of a
hard-surfaced walk link, including a pedestrian bridge, connecting Block 114, Stage 1 with
Block 120, Stage 2 to the satisfaction of the Commissioner of Parks and Recreation and the
Grand River Conservation Authority. The Subdivider further agrees to fill, compact, and
grade in both preliminary and finished form, topsoil and seed/sod Block 113, Stage 1, to the
satisfaction of the Commissioner of Parks and Recreation, to be completed in conjunction
with the timing of grading of surrounding residential development, not to exceed two years
from the registration of Stage 1, of the subdivision plan or at an alternate time approved in
writing by the Commissioner of Parks and Recreation.
60.
To provide planting strips having a minimum width of 4.6 metres and a 1.8 metre high chain
link fence along the rear of all lots abutting Highland Road West. Such planting strips and
fencing are to be developed at the Subdivider's cost in accordance with plans/drawings to
be approved by the City's Director of Development prior to the issuance of any building
permits within Stage 1 of the subdivision plan. Further, said planting strips and fencing
shall be installed within the affected lots, prior to the transfer of title of such lots to the first
time occupants, or in the event of winter conditions, shall be installed by June 1,
immediately following such transfer of title. The Subdivider agrees to attach the approved
planting plan to all Offers to Purchase and Sale of lots in which the required planting strip
has not been installed due to winter conditions. It is acknowledged that the fencing of lands
adjacent to a Regional road shall be subject to the requirements of the Region. Further, if
physical noise attenuation barriers are required in accordance with Clause 49, installation
of said barriers shall substitute for the planting strip requirement.
61.
The Subdivider agrees to install a boundary identification system along the lot lines which
abut Block 112, Stage 1, and Block 115 and 116 Stage 2, prior to occupancy of any Lots or
Blocks in each stage of the development or at such time as required by and to the
satisfaction of the Commissioner of Parks and Recreation. Further, the Subdivider agrees
to include a statement advising of the marking system requirement in all Offers to Purchase
and Agreements of Purchase and Sale for the Blocks and Lots affected by this clause.
62.
In consideration of the wooded character of portions of the subdivision and the City's desire
to minimize the impact of development on certain treed areas worth saving, the Subdivider
agrees to comply with the following two-step process in the development of the subdivision.
a)
Prior to the City releasing Stage 2 and 3 of the Subdivision Plan for registration, the
Subdivider shall submit the proposed Grading Control Plan for the approval of the
Commissioner of Parks and Recreation in consultation with the Department of
Planning and Development. This approval shall be in addition to the Commissioner
of Public Works' approval required by Clause 36(b) of this agreement and the City
agrees to co-ordinate engineering and tree saving objectives between the relative
City Departments in order to reach a satisfactory Grading Control Plan.
Plans submitted to the City's Commissioner of Parks and Recreation shall show:
COUNCIL M/NIXPES - 700 - NOVEMBER 23, 1992
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
NOVEMBER 23, 1992
3. C. (Cont'd)
62. (Cont'd)
Existing and proposed grade elevations;
ii) Indication of ground water and surface drainage;
iii) Description of soil characteristics;
iv)
Delineation of "work zones"; being defined as areas to be disturbed due to
area/rough grading, cut and fill, installation of roads and services or
construction vehicle access.
v)
Location and description of tree protection measures to be implemented
around specified work zones. The Subdivider agrees that no tree removal for
road construction or any grading within the subdivision shall occur until such
time as all protection measures, including the installation of a 1.2 metre high
temporary snow fence is erected along the boundary of the trees affected by
such construction or grading, have been implemented to the satisfaction of
the Department of Planning and Development. The Subdivider shall be
responsible for installing appropriate signs every 45 metres noting that there
shall be no dumping or removal of trees within this area. The Subdivider
shall be responsible for the removal of all materials dumped into this area
and the temporary fencing shall be removed following the completion of all
construction within the development stage area.
vi) Location of proposed stockpiles of excavation materials.
b)
Prior to the Subdivider applying for or being issued any building permits for the
following lots and block, a tree saving/site plan for the particular lot and block shall
be submitted to and approved by the Department of Planning and Development:
Stage 2: Lots 111 to 113 and Block 114;
Stage 3: Lots 39 and 40;
Said plan shall show:
Delineation of "work zones"; being defined as areas to be disturbed due to
site/final grading, excavation, installation of services or construction vehicle
access.
ii)
The approximate location, size, species and condition of all existing trees
greater than 10 cm DBH which are located within a 6.0 metre band around
the defined work zones.
iii)
Indication of which trees are to be saved within the 6.0 metre band around
the work zones, such trees being tagged or similarly identified in the field by
the Subdivider.
iv)
Location, description of tree protection measures to be implemented around
each particular lot or block around the work zones. The Subdivider agrees to
implement at his cost, the approved protection measures prior to any site
grading, excavation, or construction occurring on the particular Lot or Block.
v) The location of buildings, driveways and walkways.
COUNCIL M/NIYFES - 701 - NOVEMBER 23, 1992
vi) Existing and proposed elevations.
vii) Location of proposed stock piles of excavation materials.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
NOVEMBER 23, 1992
3. C. (Cont'd)
62. (Cont'd)
c)
The Subdivider agrees to develop the subdivision in accordance with all approved
plans and agrees that no trees shall be removed from the subdivision lands except
those trees approved for removal as shown on the Grading Control Plan approved
by the Commissioner of Parks and Recreation or as shown on the approved Tree
Saving/Site Plan(s) without the permission of the City. Further, the Subdivider
agrees to provide the relevant builders and prospective purchasers a copy of the
Grading Control Plan approved by the Commissioner of Parks and Recreation and a
copy of the approved Tree Saving/Site Plan (s) where applicable.
63.
To pair all residential driveways for all single detached housing within Lots 1 to 111, Stage
1, where possible, in order to maximize on-street parking opportunities and boulevard
landscaping areas. In this regard, prior to the issuance of any building permits in Stage 1
of this Plan of Subdivision, the Subdivider shall submit a plan showing lotting, building
envelopes, and driveway locations to be approved by the City's Director of Development.
64.
To make satisfactory arrangements with Ontario Hydro for any required temporary and
permanent fencing around the hydro facilities and for the relocation of or revisions to
Ontario Hydro facilities if required as a result of the subdivision, prior to registration of
Stages 2 and 3 of the Subdivision Plan. In this regard, the Subdivider shall present a letter
to the Department of Planning and Development confirming that satisfactory arrangements
have been made with Ontario Hydro for the above matters, prior to the City's release of the
particular Stage of the Plan of Subdivision for registration. The Subdivider further agrees to
satisfy Ontario Hydro with respect to being responsible for the restoration of any damage to
the right-of-way resulting from construction of the subdivision.
65.
To obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration
to Waterways Permit under Ontario Regulation 154/86. Such permit shall be obtained,
prior to any on-site grading, the installation of services or prior to the City's release of each
Stage of the Subdivision Plan for registration purposes if required by the Grand River
Conservation Authority.
66.
That construction traffic, to and from Stage 1 of the proposed subdivision development shall
be directed to the temporary road over Lot 3. In the event that Bankside Drive is extended
through Plan of Subdivision 30T-88033 to Highland Road and open for public vehicular
traffic, all construction traffic shall be directed to Highland Road West via Bankside Drive
and Westforest Trail. All construction traffic to and from Stages 2 and 3 of the subdivision
development shall be directed to Westforest Trail and Victoria Street. The Subdivider
agrees to advise all relevant contractors, builders, and other persons of the requirement,
with the Subdivider being responsible for any signage, if required, all to the satisfaction of
the City's Director of Traffic and Parking Services.
67.
That the Plan of Subdivision shall be registered in three (3) separate plans shown as
Stages 1 through 3 on the attached Plan of Subdivision and the following special conditions
shall apply in addition to the normal City requirements and other conditions contained
herein:
a)
To construct a temporary turning circle to City Standards on Lots 1, 2, 3 and 4 as
shown on the attached subdivision plan, unless such facility is not required by the
Department of Public Works in the event of the concurrent registration and
COUNCIL M/NUTES - 702 - NOVEMBER 23, 1992
development of Plan of Subdivision 30T-88033. Said turning circle shall be
designed, constructed and ultimately removed to the satisfaction of the Department
of Public Works. No
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
NOVEMBER 23, 1992
3. C. (Cont'd)
67. a) (Cont'd)
building permits shall be issued for Lots 1, 2, 3 and 4, Stage 1 until the temporary
turning circle has been removed.
b)
That a temporary, full access road, to Highland Road be designed and constructed
by the Subdivider on Lot 3, Stage 1, to the satisfaction of the City's Commissioner of
Public Works and the Regional Municipality of Waterloo. Said access road shall be
constructed and completed prior to the issuance of any building permits in Stage 1.
At such time as Bankside Drive is extended through Plan of Subdivision 30T-88033
to Westforest Trail and Westforest Trail is extended to Highland Road and both are
open to vehicular traffic, the access road shall be removed and Lot 3, Stage 1,
reconveyed to the Subdivider at a nominal cost. Said access road shall be removed
by the Subdivider to the satisfaction of the City's Commissioner of Public Works and
the Regional Municipality of Waterloo prior to issuance of building permits on Lot 3,
Stage 1. In the event Stage 1 is registered subsequent to the registration of Stage 1
of Plan of Subdivision 30T-88033, 0.3 metre Reserve Block 117, Stage 1 shall not
be required.
c)
That Stage 2 shall be registered subsequent to or immediately consecutively with
the registration of Stage 1. In the event Stage 2 is registered subsequent to Stage 1
of Plan of Subdivision 30T-88033, 0.3 metre Reserve Block 123, Stage 2 shall not
be required.
d)
To construct a 4.0 metre wide walkway/emergency vehicular access from both
Street Three to Street Seven, over Block 118 and from Street One to Victoria Street
South, over Block 117, Stage 1 and the Ontario Hydro Corridor, to City Standards,
prior to issuance of any building permits for any Lots or Blocks in Stage 2. This
design shall include a knockdown barrier to prevent through traffic to the satisfaction
of the Commissioner of Public Works. Further the Subdivider shall remove the
temporary emergency access, while maintaining a public walkway, design to the
satisfaction of the Commissioner of Public Works. In the event Street One is
constructed through Stage 3 and open for public vehicular traffic the emergency
access over Block 118, Stage 2 shall not be required. Also, in the event Victoria
Street has been extended to the westerly leg of Westforest Trial and Westforest
Trail has been constructed to Highland Road West through Plan of Subdivision 30T-
88033 and Street One is constructed through Stage 3 and all roads are open to
public vehicular traffic, the emergency access over Block 117, Stage 1 and the
Ontario Hydro Corridor shall not be required.
e)
To make provisions to the satisfaction of the Commissioner of Public Works for the
extension of the public walk link from Block 117, Stage 2 through the Ontario Hydro
Corridor including conveyance of any necessary lands to the City. Further, to make
arrangements with Ontario Hydro for the conveyance to the City of that portion of
Westforest Trail crossing the Ontario Hydro right-of-way to Victoria Street South.
Conveyance of the walk link extension and Westforest Trail crossing shall be
secured by the City prior to registration of Stage 2. Further, that portion of the road
crossing the Ontario Hydro Corridor shall be opened by by-law as "public highway"
prior to the issuance of any building permits for Stage 2. The Subdivider agrees to
design and fully service this portion of Westforest Trail to the satisfaction of the
City's Commissioner of Public Works as part of the overall servicing requirements of
this Agreement.
COUNCIL M/NIXPES - 703 - NOVEMBER 23, 1992
f)
That prior to the City's release of Stage 2 for registration, Victoria Street South shall
be constructed from its terminus to Westforest Trail. Alternatively, the City's Director
of
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
NOVEMBER 23, 1992
3. C. (Cont'd)
67. f) (Cont'd)
Development must be in receipt of a letter from the Regional Municipality of
Waterloo indicating that satisfactory arrangements have been made with the Region
with respect to the posting of any required financial securities and the entering of the
contract has been set for the construction of that section of Victoria Street set out
above. In addition to the completion of Victoria Street South or the alternative set
out above, one of the following two alternatives shall also be completed prior to the
City's release of Stage 2 for registration: Westforest Trail (south of Victoria Street)
must be extended through Plan of Subdivision 30T-88033 to Highland Road West
and open to vehicular traffic or Westforest Trail (north of Victoria Street) is extended
through Plan of Subdivision 1688 and 1689 looping back to Victoria Street and open
for vehicular traffic.
g)
To construct a temporary turning circle to City Standards on Block 114, Stage 2, as
shown on the attached subdivision plan, unless deemed not required by the
Department of Public Works in the event of the concurrent registration and
development of Stage 1 of Plan of Subdivision 30T-88033. Said turning circle shall
be designed, constructed, and ultimately removed to the satisfaction of the
Department of Public Works.
h)
That the City Solicitor shall arrange for the passing of a By-law opening the following
Blocks as "public highway" once the required roads are constructed and open for
public vehicular access to the satisfaction of the Commissioner of Public Works:
2.
3.
4.
Block 19, Stage 1, in Plan of Subdivision 30T-88033;
Block 22, Stage 1, in Plan of Subdivision 30T-88033
Block 38, Registered Plan of Subdivision 1739;
Blocks 121 and 122, Stage 2.
i)
That Stage 3 shall be registered subsequent or immediately consecutively with the
registration of Stage 2. In the event that Stage 3 is registered consecutively with
Stage 2, Block 121 and 122, Stage 1 will not be required for 0.3 metre reserves.
It is the opinion of this Committee that the approval of these applications and community
plan revisions is proper planning for the City and is in conformity with the City's Approved
Official Plan.
That PD87/87 "Highland West Community Plan", as amended by PD 108/89, be revised as
follows:
a)
That Map "B", Land Use Plan, be revised so as to change the location of the
Secondary Collector Road and add four Multiple Residential (26-40 u.p.h.) sites, as
shown on Map "B", attached, and entitled, "Revised Highland West Community
Plan", dated Revised October 1992.
b) That Policy 3.5.4, providing for a Fire Station site, be deleted.
That Zone Change Application 88/67/H/JG requesting a change in zoning from Township
"A" according to By-law 878-A to Semi-Restricted Residential (R2B) with a special
regulation, Semi-Restricted Residential (R2B) with a restriction of use and special
regulations, Semi-Restricted Residential (R2B) with special provisions and Park and Public
Open Space (P) according to By-law 4830; and Convenience Commercial (C-1) according
COUNCIL M/NIXPES - 704 - NOVEMBER 23, 1992
to By-law 85-1, on Part of Lot 38, German Tract Company, be approved in the form shown
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
NOVEMBER 23, 1992
4. B. (Cont'd)
in the proposed By-laws, attached dated September 23, 1992 and October 26, 1992
subject to the Subdivision Conditions contained in C. below:
That Subdivision Application 30T-88033 (Cybau Holdings Inc.) be recommended to the
Regional Municipality of Waterloo for draft approval, subject to the following 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 written therein.
The Subdivider covenant and agrees:
50.
That the final plans for registration purposes shall be prepared in accordance with the
attached Plan of Subdivision dated July 30, 1992 providing that minor amendments to said
plan, acceptable to the Commissioner of Planning and Development and not affecting the
numbering of lots or blocks may be permitted without an amendment to this agreement.
51.
To submit a Lot Grading and Drainage Control Plan for the approval of the Commissioner
of Public Works, in consultation with the City's Department of Parks and Recreation, the
Regional Municipality of Waterloo, the Grand River Conservation Authority, and Ontario
Hydro, with the plan to be approved by those affected agencies prior to registration of each
stage of the Subdivision Plan.
52.
That prior to any grading or construction on the site to submit for the approval of the
Commissioner of Public Works, in consultation with the City's Department of Parks and
Recreation, the Regional Municipality of Waterloo, the Grand River Conservation Authority,
and Ontario Hydro a detailed engineering design for storm water management in
accordance with the Detweiler Master Drainage Study. Said engineering design shall
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.
53.
That in the event that there is insufficient monies available in the City's Development
Charge Reserve Fund to permit the City to fund the installation of the Detweiler Greenway
Sanitary Sewer Trunk and Detweiler Greenway watercourse improvements as required by
the Detweiler Drainage Plan:
a)
The Subdivider agrees to contract for and pay all the costs of the Detweiler
Greenway Sanitary Sewer Trunk and Detweiler Greenway watercourse
improvements as required by the Detweiler Drainage Plan.
b)
The City agrees to offset the costs properly paid by the Subdivider for the Detweiler
Greenway Sanitary Sewer Trunk and Detweiler Greenway watercourse
improvements as required by the Detweiler Drainage Plan.
c)
The offset will be made by the City only as a credit with respect to monies required
to be paid for City Development Charges for the Plan. Said offset shall be charged
initially against the pre-registration payment requirement for the engineering
services portion of the total Development Charge. Any remaining offset will be
credited against development charges payable at building permit issuance. In this
regard, prior to the registration of Stage 1 of the plan, the Subdivider shall provide to
the City a list of those lots or blocks to which credit will be assigned and the
COUNCIL M/NIXPES - 705 - NOVEMBER 23, 1992
Subdivider
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
NOVEMBER 23, 1992
4. C. (Cont'd)
53. c) (Cont'd)
shall enter into a supplementary agreement with the City, registered against title,
outlining the specific lots or blocks having the assigned Development Charge credit.
d)
Upon the total of the offset reaching the amount of monies properly paid by the
Subdivider for the specified works, then the Development Charges will be paid in the
normal manner in accordance with the City's by-law in that regard.
e)
Following completion of the construction of the Detweiler Greenway Sanitary Sewer
Trunk and Detweiler Greenway watercourse improvements as required by the
Detweiler Drainage Plan, all in a manner satisfactory to the City's Commissioner of
Public Works, the Subdivider shall provide evidence to the City, satisfactory to the
City Solicitor and the Commissioner of Public Works, as to the payment in full for
said works including evidence that there are no claims or possibility of claims under
the Construction Lien Act.
54.
To submit a study to determine the impact of urbanization on the stormwater management
pond in Block 49, Stage 2 with recommendations regarding mitigating measures and future
treatment of the pond to be approved by the Commissioner of Public Works prior to the
registration of Stage 1 of this Plan of Subdivision. Further, the Subdivider agrees to
implement the recommendations in accordance with the approved study.
55.
That the street names of the Streets within the entire Plan of Subdivision shall be approved
by City Council prior to the registration of Stage 1 of the subdivision plan. In particular,
Westforest Trail as shown on the plan shall be named as such and Street Four shall be
named Bankside Drive.
56.
To convey to the City of Kitchener the following lands for the purposes stated therein, at no
cost and free of encumbrance, concurrently with the registration of the relevant stage of the
subdivision plan:
Stage 1:
a)
b)
c)
Blocks, 15, for a neighbourhood park in fulfilment of the parkland dedication
requirement,
Blocks 16 and 17, for watercourse purposes,
Blocks 19, 20, 21 and 22, for 0.3 metre reserves;
Stage 2:
a) Blocks 47, for watercourse/open space/trail link purposes,
b) Block 49, for stormwater management purposes,
c) Blocks 51, 52 and 53, for 0.3 metre reserves;
Stage 3:
a) Blocks 3 and 4 for a 0.3 metre reserve;
Stage 4:
a) Block 5, for a 0.3 metre reserve;
COUNCIL M/NIYFES - 706 -
Stage 5:
a) Block 3, for a 0.3 metre reserve.
NOVEMBER 23, 1992
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
NOVEMBER 23, 1992
4. C. (Cont'd)
57. To construct 1.5 metre concrete sidewalks to the satisfaction of the Commissioner of Public
Works, in the following locations:
i) both sides of Westforest Trail, Street One, Street Two, Street Four and Street
Six;
ii) the easterly side of Victoria Street South for the length of
Subdivision;
the Plan of
iii) the northerly side of Highland Road West which abuts this Plan
Subdivision.
of
58.
To be responsible for the provision for a 3 metre wide flat area for a Community Trail,
where feasible, within Block 16 and 17, Stage 1; Blocks 47 and 49, Stage 2; to the
satisfaction of the Commissioner of Parks and Recreation and the Grand River
Conservation Authority. The Subdivider further agrees to fill, compact and grade in both
preliminary and finished form, topsoil and seed/sod Block 15, Stage 1, to the satisfaction of
the Commissioner of Parks and Recreation, to be completed in conjunction with the timing
of grading of surrounding residential development, not to exceed two years from the
registration of Stage 1 of the subdivision plan or at an alternate time approved in writing by
the Commissioner of Parks and Recreation.
59.
To provide a planting strip having a minimum width of 4.6 metres and a 1.8 metre high
chain link fence along the rear of Block 12, Stage 1 and Block 4, Stage 4 abutting Highland
Road West. Such planting strips and fencing are to be developed at the Subdivider's cost
in accordance with the plans/drawings to be approved by the City's Director of
Development, as part of the required Site Plan Approval for each block, prior to issuance of
any building permits for the affected Blocks. It is acknowledged that the fencing of lands
adjacent to a Regional road shall be subject to the requirements of the Region. Further, if
physical noise attenuation barriers are required in accordance with Clause 49, installation
of said barriers shall substitute for the planting strip requirement.
60.
The Subdivider agrees to install a boundary identification system along the lot lines which
abut Block 15 and 17 of Stage 1 and Block 47 and 49, Stage 2, prior to occupancy of any
Lots or Blocks in each stage of development or at such time required by and to the
satisfaction of the Commissioner of Parks and Recreation. Further, the Subdivider agrees
to include a statement advising of the marking system requirement in all Offers to Purchase
and Agreements of Purchase and Sale for the Blocks and Lots affected by this clause.
61.
That construction traffic to and from Stages 1, 2 and 4, shall be directed to Westforest Trail
to Highland Road West only and that construction traffic for Stage 3 be directed to Highland
Road and Westforest Trail via Street One. In the event that Street Six in Stage 5 is
completed and open to Victoria Street South, traffic from Stage 3 shall be directed to
Victoria Street South from Street Six. Further, that construction traffic for Stage 5 be
directed to Victoria Street. All construction traffic shall be prohibited from using other
internal residential streets in that community. The Subdivider agrees to advise all relevant
contractors, builders and other persons of this requirement with the subdivider being
responsible for any signage, where required, all to the satisfaction of the Director of Traffic
COUNCIL M/NIXPES - 707 - NOVEMBER 23, 1992
and Parking Services.
62.
In consideration of the wooded character of portions of this Subdivision and the City's
desire to minimize the impact of development on certain treed areas worth saving, the
Subdivider agrees to comply with the following two-step process in the development of the
subdivision.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
NOVEMBER 23, 1992
4. C. (Cont'd)
62. (Cont'd)
a)
Prior to the City releasing each Stage of the Subdivision Plan for registration, the
Subdivider shall submit the proposed Grading Control Plan for the approval of the
Commissioner of Parks and Recreation in consultation with the Department of
Planning and Development. This approval shall be in addition to the Commissioner
of Public Works' approval required by Clause 36(b) of this agreement and the City
agrees to co-ordinate engineering and tree saving objectives between the relative
City Departments in order to reach a satisfactory Grading Control Plan.
Plans submitted to the City's Commissioner of Parks and Recreation shall show:
i) Existing and proposed grade elevations;
ii) Indication of ground water and surface drainage;
iii) Description of soil characteristics;
iv)
Delineation of "work zones"; being defined as areas to be disturbed due to
area/rough grading, cut and fill,installation of roads and services or construction
vehicle access.
v)
Location and description of tree protection measures to be implemented around
specified work zones. The Subdivider agrees that no tree removal for road
construction or any grading within the subdivision shall occur until such time as all
protection measures, including the installation of a 1.2 metre high temporary snow
fence is erected along the boundary of trees affected by such construction or
grading have been implemented to the satisfaction of the Department of Planning
and Development. The Subdivider shall be responsible for installing appropriate
signs every 45 metres noting that there shall be no dumping or removal of trees
within this area. The Subdivider shall be responsible for the removal of all materials
dumped into this area and the temporary fencing shall be removed following the
completion of all construction within the development Stage area.
vi) Location of proposed stockpiles of excavation materials.
b)
Prior to the Subdivider applying for or being issued any building permit for the
following lots and blocks a tree saving/site plan for the particular lot shall be
submitted to and approved by the Department of Planning and Development:
Stage 1: Lots 1,8 and 9; Blocks 11 and 12;
Stage 2: Lots 1 to 5 inclusive, 6 to 24 inclusive, 26 and 27;
Stage 3: Blocks 1 and 2;
Stage 4: Lots 1 to 3 inclusive; Block 4;
COUNCIL M/NIXPES - 708 - NOVEMBER 23, 1992
Stage 5: Blocks 1 and 2.
Said Plan shall show:
i) Delineation of "work zones"; being defined as areas to be disturbed due to sitefiinal
grading, excavation,installation of services or construction vehicle access.
ii) The approximate location, size, species and condition of all existing trees greater
than 10 cm DBH which are located within a 6.0 metre band around the defined work
zones.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
NOVEMBER 23, 1992
4. C. (Cont'd)
62. b) (Cont'd)
iii)
Indication of which trees are to be saved within the 6.0 metre band around the work
zones, such trees being tagged or similarly identified in the field by the Subdivider.
iv)
Location, description of trees protection measures to be implemented around each
particular lot around the work zones. The Subdivider agrees to implement at his
cost, the approved protection measures prior to any site grading, excavation, or
construction occurring on the particular lot or Block.
v) The location of buildings, driveways and walkways.
vi) Existing and proposed elevations.
vii) Location of proposed stock piles of excavation materials.
c)
The Subdivider agrees to develop the subdivision in accordance with all approved
plans and agrees that no trees shall be removed from the subdivision lands except
those trees approved for removal as shown on the Grading Control Plan approved
by the Commissioner of Parks and Recreation or as shown on the approved Tree
Saving/Site Plan(s) without the permission of the City. Further, the Subdivider
agrees to provide the relevant builders and prospective purchasers a copy of the
Grading Control Plan approved by the Commissioner of Parks and Recreation and a
copy of the approved Tree Saving/Site Plan (s) where applicable.
63.
To make satisfactory arrangements with Ontario Hydro for any required temporary and
permanent fencing around the hydro facilities and for the relocation of or revisions to
Ontario Hydro facilities if required as a result of the subdivision, prior to registration of
Stage 2, 3 and 5 of the Plan of Subdivision Plan. In this regard, the subdivider shall
present a letter to the Department of Planning and Development confirming that satisfactory
arrangements have been made with Ontario Hydro for the above matters, prior to the City's
release of the particular stage of the Plan of Subdivision for registration. The Subdivider
further agrees to satisfy Ontario Hydro with respect to being responsible for the restoration
of any damage to the right-of-way resulting from construction of the subdivision.
64.
To obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration
to Waterways Permit under Ontario Regulation 154/86. Such permit shall be obtained prior
to any on-site grading, the installation of services or prior to the City's release of each stage
of the Subdivision Plan for registration purposes, if required by the Grand River
Conservation Authority.
65. That the Plan of Subdivision shall be registered in (5) five separate plans shown as Stages
1 through 5 on the attached Plan of Subdivision and the following special conditions shall
COUNCIL M/NIYFES - 709 - NOVEMBER 23, 1992
apply in
addition to the normal City requirements and other conditions contained herein:
a)
That the registration of Stage 1 of this plan of subdivision shall only occur
subsequent to the registration of Stage 1 of Plan of Subdivision 30T-90031 and that
prior to the issuance of any building permits for Stage 1 of this Plan of Subdivision,
Bankside Drive must be extended through Plan of Subdivision 30T-90031 and this
Plan of Subdivision to Westforest Trail and Westforest Trail completed to Highland
Road all to the satisfaction of the City's Commissioner of Public Works. However, in
the event that the Regional Municipality of Waterloo allows a temporary Road, open
for normal vehicular access, over Block 12, Stage 1, this Plan of Subdivision may
register prior to Plan of Subdivision 30T-90031 subject to the parcel of land required
for the temporary
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
NOVEMBER 23, 1992
4. C. (Cont'd)
65. a) (Cont'd)
road, being conveyed to the City and such temporary road being completed to the
satisfaction of the Commissioner of Public Works prior to the issuance of building
permits. Block 22 will not be required for a 0.3 metre reserve if Stage 1 is registered
prior to Stage 1 of Plan of Subdivision 30T-90031. Further, that no building permits
shall be issued within Block 12, Stage 1 for dwellings located within 6.0 metres of
the temporary road until such time as the temporary road is closed.
b)
To construct a temporary turning circle to City Standards on Lot 1, Stage 1 as shown
on the attached subdivision plan, unless such facility is not required by the
Department of Public Works in the event that either Westforest Trail is extended to
the northeast through the adjacent plan of subdivision to connect with Victoria Street
South and is open to vehicular traffic or Stage 2 is registered with Stage 1 providing
for turning facilities through additional road constructions. Said turning circle shall
be designed, constructed and ultimately removed to the satisfaction of the
Department of Public Works. No building permits shall be issued for Lot 1, Stage 1
until such time as the temporary turning circle has been removed or determined to
not be required.
c)
That Block 13, Stage 1 shall only be used as a lot consolidation with the adjacent
lands legally described as Part of Lot 35, G.C.T.. Said Block 13 shall be conveyed
immediately upon the request by the adjacent landowner at market value plus one
half the tendered contract price of Westforest Trail (up to a 20 metre road allowance
width) along the frontage of Block 13, Stage 1. Alternatively, the owners may agree
on a land exchange between the two parties.
d)
That the lands adjacent to the hydro corridor which are owned by the Subdivider
described as, Part of Lot 35, G.C.T., north of this Plan of Subdivision be conveyed to
the Regional Municipality of Waterloo to accommodate the physical extension of
Victoria Street prior to the release of Stage 1 of this Plan of Subdivision.
e)
That the City Solicitor shall arrange for the passing of a By-law opening the following
0.3 metre reserve Blocks as "public highway" once the required roads across these
reserves are constructed and open for public vehicular access to the satisfaction of
the Commissioner of Public Works:
2.
3.
4.
5.
Block 117, Stage 1, of Plan of Subdivision 30T-90031;
Block 123, Stage 2, of Plan of Subdivision 30T-90031;
Block 20 and 21, Stage 1;
Blocks 51, 52 and 53, Stage 2;
Blocks 3 and 4 Stage 3.
COUNCIL M/NIYFES - 710 - NOVEMBER 23, 1992
f)
That Stage 2 shall be registered immediately consecutively
with or subsequent to the registration of Stage 1. In the event that Stage 2 is
registered consecutively with Stage 1, Block 20 and 21, Stage 1 will not be required
for 0.3 metre reserves.
g)
To convey to the City of Kitchener, Block 48, Stage 2 concurrently with the
registration of Stage 2 of this Plan of Subdivision, for parkland purposes, which will
be credited to the adjacent Subdivision presently owned by Monarch Construction
Limited, based on a private agreement between the two parties.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
NOVEMBER 23, 1992
4. C. (Cont'd)
65. (Cont'd)
h)
To construct, to the satisfaction of the Public Works Department, a 4.0 metre wide
emergency vehicular access through Block 14, Stage 1 connecting Street Four to
Highland Road West, prior to issuance of building permits for any Lots or Blocks in
Stage 2. This design shall include a knockdown barrier to prevent through traffic
between these two streets. Further to remove the temporary emergency access
when Street Four has been extended westerly to provide secondary access to the
west.
i)
To construct a permanent in-line pond, at no cost to the City, within Block 49, Stage
2, and on the abutting lands to the west for stormwater management purposes, in
accordance with the specifications contained in the Detweiler Drainage Study
prepared by Paragon Engineering Ltd., and prior to the issuance of any building
permits in Stage 3 or prior to the construction of the required weir in accordance with
the Detweiler Drainage Study to the satisfaction of the Commissioner of Public
Works and to make arrangements to provide an easement from the abutting land
Owner in favour of the City for those lands to the west of Block 49 where ponding
will occur. Said easement shall be secured by the City prior to registration of Stage
3 or prior to the commencement of the construction of the weir in Block 49.
J)
That Stage 3 shall be registered immediately consecutively with or subsequent to
the registration of Stage 2. In the event that Stage 3 is registered consecutively with
Stage 2, Block 51, Stage 2 will not be required for a reserve. Further, Stage 3 or 4
may be registered in any order following Stage 2.
k)
That as part of the development of Stage 3, to construct a 4.0 metre wide
emergency vehicular access from Street Two, to Street One, through Block 2, Stage
3, Block 49, Stage 2 and Lot 11, Stage 2, to City Standards to be completed prior to
the issuance of building permits for any Blocks in Stage 3. This design shall include
a bridge over the Detweiler Greenway and a knockdown barrier to prevent through
traffic between these two streets. Further the Subdivider shall remove the temporary
emergency access, once Victoria Street South has been extended to Street Six and
Street Six has been extended to Street One. Further, no building permits shall be
issued for Lot 11, Stage 2 until the emergency access over Lot 11 has been
removed.
I)
To construct a temporary turning circle to City Standards on the westerly part of
Block 2, Stage 3, as shown on the attached Subdivision Plan, unless deemed not
required by the Department of Public Works. Said turning circle shall be designed,
constructed and ultimately removed to the satisfaction of the Department of Public
Works.
m) To construct a temporary turning circle to City Standards on Lots 2 and 3, Stage 4,
COUNCIL MINUTES - 711 - NOVEMBER 23, 1992
as shown on the attached subdivision plan. Said turning circle shall be designed,
constructed and ultimately removed to the satisfaction of the Department of Public
Works once Street Four is extended westerly. No building permits will be issued for
Lots 2 and 3, Stage 4 until the turning circle is removed.
n)
To construct a temporary turning circle to City Standards on Block 1, Stage 5 as
shown on the attached subdivision plan. Said turning circle shall be designed,
constructed and ultimately removed to the satisfaction of the Department of Public
Works once Street One is extended westerly.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
NOVEMBER 23, 1992
4. C. (Cont'd)
65. (Cont'd)
o)
To make arrangements with Ontario Hydro for the conveyance to the City of that
portion of Street Six crossing the Ontario Hydro right-of-way prior to registration of
Stage 5 and the said section shall be opened by by-law as "public highway" prior to
the issuance of any building permits in Stage 5. Furthermore, the Subdivider agrees
to design and fully service this portion of Street Six to the satisfaction of the city's
Commissioner of Public Works as part of the overall servicing requirements of this
Agreement.
p)
Prior to registration of Stage 5 of this plan, Victoria Street shall be constructed to
Street Six and open to public vehicular traffic. Alternatively, the registration of Stage
5 may proceed if the City's Director of Development is in receipt of a letter from the
Regional Municipality of Waterloo indicating that satisfactory arrangements have
been made with the Region with respect to the posting of any required financial
securities and the tendering of the contract has been set for the construction of that
section of Victoria Street set out above.
66.
To pair all residential driveways for all single detached housing having less that 13.76
metres of lot width within Lots 1 to 9 inclusive, Stage 1; Lots 1 to 46 inclusive, Stage 2 and
Lots 1 to 3 inclusive, Stage 4, where possible, in order to maximize on-street parking
opportunities and boulevard landscaping areas. In this regard, prior to the issuance of any
building permits in each affected Stage of this Plan of Subdivision, the Subdivider shall
submit a plan for such single detached housing showing lotting, building envelopes, and
driveway locations to be approved by the City's Director of Development.
That an exemption to Council's Reduced Road Allowance Policy be granted in order to
allow an 18 metre road allowance for Street 'Two' which although functions as a "crescent",
has access to two different streets.
It is the opinion of this Committee that the approval of these applications and community plan
revisions is proper planning for the City and is in conformity with the City's Approved Official
Plan.
(DEALT WITH UNDER DELEGATIONS AND CARRIED.)
The Department of Planning and Development recommends:
1)
That subject to the changes recommended in Sections 2, 3 and 4 below, Council approve
the attached 1993 - Post 1994 Staging of Development Report dated October 13, 1992.
Further, that all additional requests received for advancement in the Municipal Draft Plan
Approval date not be supported.
2) That the following requests be added to the Staging of Development Report:
COUNCIL M/NIYFES - 712 - NOVEMBER 23, 1992
(a)Norris/Sternberg be added as Parcel #19A for Municipal Draft Plan Approval Post - 1994
with the following information incorporated;
Single Detached
Semi-Detached
Townhouse
Development Charge Expenditure
Development Charge Revenue
Park Frontage City Cost
Expected Development
108
46
46
$0
$ 950,000.00
$0
2000
Servicing Comments:
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
NOVEMBER 23, 1992
5. 2. (a) (Cont'd)
Subject to requirements of Strasburg Creek Master Watershed Plan. Requires
extension of Strasburg Sanitary Trunk Sewer through Huron Business Park
Community and Trussler Planning Area.
Timing Comments:
Laurentian West Community Plan currently being revised and all residential units
are subject to revision in compliance with Community Plan. For all lands located
south of Ottawa St., plan of subdivision shall not be processed until the revisions to
revised Laurentian West Community Plan has been approved.
(b)
That Zivanovic Holdings, Barnhardt and Brissett be added to the Staging of
Development Report as Parcel #76A for 1993 Municipal Draft Plan Approval;
Exact number of lots and units to be determined.
Development Charge Expenditure $ 0
Development Average Revenue --
Park Frontage City Cost $ 0
Expected Development 1994
Servicing Comments: None
Timing Comments: None
(3)
That the requests from Hallman-Aberdeen, Parcel #28, from Chalon Estates, Parcel #33 and
from Steed and Evans, Parcel #75, be advanced from 1994 to 1993 Municipal Draft Plan
Approval.
(4)
That the following text changes associated with the respective Land Parcel #'s in the Staging
of Development Report be approved:
Parcel #15 - Freure Developments
Parcel #16 - Ottawa Street Holdinqs
Parcel #18 - 781080 Ontario Limited (Cybau Holdinqs)
Parcel #19 - Becker Enterprises
That the following phrase be added to the Servicing Comments:
"Subject to conditions of Laurentian West Master Drainage Plan".
Parcel #29 - 673099 Ontario Limited
That reference to the oversizing of the watermain on Huron Road "at its cost if developed
industrially" under the Servicing Comments be deleted;
That the following phrase be added to the Timing Comments:
"Construction of Strasburg Road from its present termination to the boundary of
Parcel #29 and improvements to Homer Watson/Huron Road intersection required
prior to development."
COUNCIL M/NUTES - 713 - NOVEMBER 23, 1992
Parcel #32 - Chalon Estates
That reference to the Doon South Community Plan in the Timing Comments be revised to
read as follows:
"Requires finalization of a land use designation for Chalon's entire landholdings
including lands south of Stauffer Drive and west of Groh Drive in the Doon South
Community Plan or and amendment to the Community Plan deleting this requirement
before circulation of the Draft Plan of Subdivision."
Parcel #33 - Chalon Estates
That reference to the land use designation in the Timing Comments be deleted.
Parcel #45 - 346874 Ontario Limited
Parcel #46 - Pincott
Parcel #47 - JHS Properties
Parcel #48 - Maple Manor
Parcel #49 - Krizanderson
Parcel #50 - Kirkpatrick
That the following phrase be added to the Timing Comments:
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
NOVEMBER 23, 1992
5. (4) (Cont'd)
"Any increase in density in Pioneer Tower West area as a result of the provision of
municipal services requires approval of an Official Plan Amendment."
Parcel #57 - 849734 Ontario Limited
That reference to the upgrading of "Old Chicopee Road" be deleted from the Servicing
Comments and that the Staging Map delete the portion of the lands subsequently severed
fronting along Old Chicopee Road.
Parcel #58 - Jones
Parcel #59 - 849734 Ontario Limited
Parcel #60 - 583018 Ontario Limited (Fun,q)
Parcel #61 - 509132 Ontario Limited
Parcel #62 - Northlake Homes
Parcel #63 - Hallman Brierdale
That the following phrase be added to the Servicing Comments:
"Ottawa/Montgomery Trunk Sanitary Sewer Capacity Study currently under review by
the City to determine availability of residual sanitary sewer capacity within the present
system."
Parcel #74 - Adam Blucher Development Corp.
That reference to the emergency access arrangements be deleted and that reference to
the Ministry of Environment be revised to read as follows:
"Must satisfy Ministry of Environment concerns regarding industrial and residential
land use compatibility prior to draft plan approval being recommended ."
Parcel #76 - Zivanovic Holdinqs
That reference to Phase 1 for servicing be deleted.
Parcel #78 - Woschniq,q & McLean
That the following sentence be added to the Timing Comments:
"Requires preparation and approval of a Block Plan in the immediate area prior to
processing of subdivision".
Parcel #B - Rosenberq et al
COUNCIL M/NIYFES - 714 - NOVEMBER 23, 1992
Parcel mE - Dorar Investments
Parcel mF - Breslau Farms Ltd.
Parcel mH- Candarend Investments
Parcel mi - 859628 Ontario Limited
That the phrase "if developed for non-residential uses" be added to the Servicing
Comments pertaining to the extension of the sanitary trunk sewer by the developer at 100%
its cost.
Parcel mN - Steed and Evans
That reference in the Servicing Comments be revised to include servicing
existing sanitary sewers or septic tank or alternative servicing scheme.
on either
That the following street names be approved for Subdivision 30T-88054 (Ministry of Government
Services):
Street "A" - Ridgeway Crescent
Street "B" - Julia Crescent
Street "C" - Waterford Road
Street "D" - Dunedin Court
Street "E" - Killarney Crescent
That the allocation of funds in the amount of $25,000 in 1994 and $25,000 in 1995 be considered
as part of the 1993 Budget Review for inclusion in the 10 year capital forecast to retain the services
of Urban Design Professionals to assist in the initiation of a comprehensive Urban Design Program
for the City of Kitchener.
That Planning and Development Staff Report PD 120/92 be deferred and referred to the December
7, 1992 meeting of the Planning and Economic Development Committee for consideration.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
NOVEMBER 23, 1992
9. That the following revisions to the Grand River South Community Plan be approved:
1) That the Idlewood Creek Master Drainage Plan be approved.
2)
That Policy 3.7.1 of the Grand River South Community Plan - Area 1, be deleted and
replaced with the following:
"That the Idlewood Creek Master Drainage Plan be the governing document with regard to
stormwater management plans for Area 1 of the Grand River Community."
3)
That Policy 3.8.1 of the Grand River South Community Plan -Areas 2 and 3, be deleted and
replaced with the following:
"That the Idlewood Creek Master Drainage Plan be the governing document with regard to
stormwater management plans for Areas 2 and 3 of the Grand River Community."
COMMUNITY SERVICES COMMITTEE
That the 1993 Cemetery Tariff of Charges attached hereto and forming part of these minutes be
approved; and further,
That the Manager of Cemetery Operations be directed to file the tariff with the Cemeteries
Regulations Branch of the Ministry of Consumer and Commercial Relations.
That we approve the request of the Waterloo Region Catholic School Board - Art Department for an
in-kind market facility rental grant, in the amount of $488.99 towards the "Celebration of the Arts
Program".
3. That we confirm the name of the community centre located in the former Victoria Public School as
COUNCIL 1VHNUTES - 715 - NOVEMBER 93, 1999
the Victoria School Centre; and
That we confirm the name of the community advisory committee as the Victoria School Centre
Advisory Committee; and
That the mandate of the Victoria School Centre Advisory Committee be as follows:
(a) to provide a forum for discussion and resolving issues;
(b) to look for new and innovative ways for the Centre to meet the needs of the community;
(c) to facilitate the development of a strong vision to allow the Centre to meet the needs of
seniors, Victoria Park neighbourhood and the community;
(d) to share information and set direction for the development of the Centre;
(e) to advise staff regarding program needs, facility requirements and budgetary matters;
(f) to solicit views from the community when appropriate;
(g) to advise politicians regarding the needs of the community;
(h) to accommodate the regular users of Charles Street Seniors Centre and to ensure space is
available for new program development;
(i) to continually monitor the needs of the community; and further
That the staff complement at Victoria School Centre shall consist of:
(a) one full time Centre supervisor
(b) one full time secretary
COMMUNITY SERVICES COMMITTEE
3. (Cont'd)
(c) one full time programmer
(d) one contract custodian (35 hours per week)
(e) one part time maintenance/custodial (20 hours per week)
(f) part time course instructors (30 per year)
(g) one part time facility attendant (28 hours per week);
subject to budget approval.
NOVEMBER 23, 1992
FINANCE AND ADMINISTRATION COMMITTEE
That subject to the incorporation of the Kitchener Sports Association, and notwithstanding Provincial
regulations, the Association be granted permission to conduct 50~50 Draws at Kitchener Ranger
Junior "A" home games.
That in conjunction with an extension of the present lease agreement for City owned premises in
Market Square to the year 2000, Kitchener accept responsibility for maintenance of the structural
slab, the exterior and the roof after 1996 and to the year 2000.
3. That Council establish an Entrepreneurial Reserve Fund to be operated in accordance with the
COUNCIL M/NIYFES - 716 - NOVEMBER 23, 1992
outline in the report of the Chief Administrator dated October 21, 1992, and further,
That the C.A.O. and Commissioner of Finance review the viability of the City's existing Reserve
Funds and recommend a source of funding for the new Entrepreneurial Reserve Fund.
That no action be taken at this time to replace the existing Votomatic Election System with an
Optech IV-C (a Mark Sense Central Tabulation System), and further,
That the City retain the existing election system in conjunction with a new LAN driven tabulation
system as outlined in Option #1 of the report of Mr. R.W. Pritchard dated October 21, 1992.
That Council accept the two revised Drafts to amend Chapter 530 (Dogs) and Chapter 575 (Pet
Shops) of the Municipal Code as submitted to the Finance and Administration Committee on
November 16, 1992, and further,
That a special meeting in this regard be convened on December 7, 1992 following the regular
meeting of the Planning and Economic Development Committee, with Notice given to licensed
kennel and pet shop owners, anyone who has registered a concern regarding these issues, as well
as the general public.
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
That the overnight parking rate at the cashier operated Charles Street Lot No. 1, Centre In The
Square Lot No. 19, Market Square Garage and Duke and Ontario Garage be increased from
$0.75 to $1.00, and further,
That the Uniform Traffic By-law be amended accordingly.
That parking be prohibited on the north (even numbered) side of Brentwood Avenue from
Montgomery Road to Jackson Avenue, and further,
That the Uniform Traffic By-law be amended accordingly.
That the following Transit fare increases be approved and be implemented as of January 1,
1993:
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
NOVEMBER 23, 1992
3. (Cont'd)
Fare Category
Revised Fare
Adult Cash
Adult Pass
Reduced Cash
Reduced Pass
Term Pass (5 months)
College Pass (4 months)
University Pass (3 months)
42.00
180.00
153.00.
$ 1.30
52.00
1.05
194.00
That the City Council accept the offer of Browning Ferris Industries, dated October 3, 1992,
regarding a five year extension to the current Waste Collection and Recycling Contract and,
specifically, the acceptance by City Council of the following:
a)
The Waste Collection Contract will be extended by five years, to January 31, 2000,
based on projected savings of $1,240,534.00 to the City of Kitchener to January 31,
1995.
COUNCIL M/NIYFES - 717 - NOVEMBER 23, 1992
b)
The terms and conditions of the recycling portion of the Contract will remain the same
until January 31, 1995, except for the following:
i) The current 90 day break clause, imposed by the Regional Municipality of
Waterloo, will be eliminated.
ii)
Collected glass will be sorted into clear and coloured, and the cost of this sort will
be included in the payment terms noted below.
iii) Telephone books will also be recycled under the payment terms noted below.
c)
The Landfill payment will be eliminated from the Contract and revert to direct City payment
on October 1, 1992.
d)
Waste collection services currently provided by B.F.I. will continue for the duration of the
Contract extension. The separate Leaf and Christmas Tree collections will be provided at
the same level of service as in the past, except that leaves will be de-bagged at the curb.
e)
Fine paper will be collected at City Hall and Bramm Street Yards as long a a recycling
company within a 60 mile radius of Kitchener accepts the type and quality of fine paper
being generated. The additional charge for the separate collections will be included in the
revised rate per unit as indicated.
f) The following rates will apply effective October 1, 1992:
Waste Collection
Current Cost Per Household $ 3.710
Leaf Collection .085
Christmas Tree Collection .015
Fine Paper Collection .010
NEW RATE $ 3.820
ii)
Should any of the special separate programmes noted be eliminated, the price per
unit will be reduced by the appropriate rate per unit as shown above.
iii) Recycling Collection
$127.00 per tonne.
g)
The City of Kitchener will pay the difference between the new tonnage rate for recycling,
($127.00), and the rate to be recovered from the Regional Municipality of Waterloo,
($108.00), until January 31, 1995.
h)
The escalation clause and other terms of the existing Contract will continue to apply, and
further,
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
NOVEMBER 23, 1992
4. (Cont'd)
That the foregoing be adopted, subject to the acceptance of the changes to the terms of the
recycling portion of the Contract by the Regional Municipality of Waterloo, and further,
That the existing Agreement with Browning Ferris Industries be amended to incorporate all of
the foregoing, and further,
That the Mayor and Clerk be authorized to execute the amending agreement, subject to Ontario
Municipal Board approval.
COMMITTEE OF THE WHOLE MINUTES
NOVEMBER 23, 1992
A. BY-LAWS AS 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. Taq Day
It was resolved:
"That the City of Kitchener approves of the Family Farm Assistance Fund conducting
a Tag Day in Kitchener on March 13, 1993 in conjunction with its National
designation of 'Red Barn Day'."
2. Licence
It was resolved:
"That the City of Kitchener has no objection to a Provincial Monte Carlo Licence
being issued to Ontario Track 3 Ski Association for the Disabled, for a Monte Carlo
event to be held on December 31, 1992, at Chicopee Ski Club, Kitchener."
3. Petition for Subsidy
It was resolved:
"That the Mayor and Clerk be authorized to execute a petition for interim payment
with the Ministry of Transportation under the Public Transportation and Highway
Improvement Act on expenditures made on municipal streets in the year 1992
totalling $6,695,219."
4. Licence - Resurrection Catholic Secondary School
Council was in receipt of a report and recommendation from Mrs. J. Koppeser dated
November 19, 1992 concerning an application for a Provincial Monte Carlo Licence.
It was resolved:
"That the City of Kitchener has no objection to a Provincial Monte Carlo Licence
being issued to Resurrection Catholic Secondary School for a Monte Carlo event to
be held on December 9, 1992, at Resurrection Catholic Secondary School, 455
University Avenue West, Kitchener."
5. Resolution - Villaqe of Cardinal
Council was in receipt of a letter from Mr. Richard P. Patrick, Deputy Reeve, Village of
Cardinal, requesting Kitchener's support of a September 8, 1992 Cardinal resolution
concerning the leasing of units in designated Senior Citizen apartment buildings to
individuals other than seniors.
It was resolved:
"That the letter of Mr. R. Patrick, Deputy Reeve, dated September 29, 1992,
COMMITTEE OF THE WHOLE
MINUTES
NOVEMBER 23, 1992
REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D)
requesting Kitchener Council's endorsement of a September 8, 1992 resolution of
the Municipal Council of the Village of Cardinal concerning the leasing of units in
designated Senior Citizen apartments be noted and filed, and further,
Resolution - Villaqe of Cardinal (Cont'd)
That the City Clerk correspond with the Deputy Reeve advising that Council does
not support the Village's position as regards publicly owned buildings."