HomeMy WebLinkAboutCouncil Minutes - 1996-12-02COU NCIL\1996-12-02
DECEMBER 2, 1996
COUNCIL MINUTES
CITY OF KITCHENER
The Council of the City of Kitchener met this date with all members present.
The meeting began with the singing of "O Canada" by the 47th Kitchener Girl Guides.
Councillor J. Ziegler, on behalf of Council, thanked the 47th Kitchener Girl Guides and their director for
their rendition of the National Anthem.
On motion by Councillor M. Yantzi, the minutes of the regular Council meeting held November 12, 1996,
and the special meetings held November 12 and 25, 1996, as mailed to the Mayor and Councillors, were
accepted.
A. COMMUNICATION REFERRED DIRECTLY TO FILE -
(a) Letter from the office of the Honourable Al Palladini, Minister of Transportation,
acknowledging receipt of Council's resolution of November 12, 1996 endorsing the
Regional Municipality of Durham resolution regarding fuel taxes.
Councillor C. Weylie introduced a visiting delegation from East London, South Africa comprised of
Councillor Monde Dondashe, Councillor Sal Muthayan, Dr. Bongani Noruka and Mr. Russell Brann.
Mayor R. Christy welcomed the delegation and presented each member with a memento of the City.
Representatives of the East London delegation presented Mayor R. Christy with tokens of appreciation
for the assistance provided by Kitchener and the government of Canada in fostering the fledging
democracy in East London. The delegation also expressed their appreciation for the assistance they
received on this visit from Councillor C. Weylie.
Mr. L. Gordon, Manager of Purchasing, appeared as a delegation to answer any questions concerning
the tenders on the Committee of the Whole agenda of this date.
Moved by Councillor J. Ziegler
Seconded by Councillor K. Redman
"That Expression of Interest E96-101, Consultant Services - Environmental Assessment - Doon
Village Road, be awarded to Paragon Engineering Limited, Kitchener subject to a satisfactory
agreement being negotiated and an upset fee established. The estimated cost of the project is
$46,900., which includes $8,500. for a functional design, plus G.S.T.
-and-
"That Expression of Interest E96-97, Consultant Services - Blockline Sportsfield Lighting, be
awarded to Paragon Engineering Limited, Kitchener at a cost of $6,755., plus G.S.T.
-and-
"That tender T96-109, Removal and Replacement of Underground Oil Tank and Reel Installation -
Transit Centre, be awarded to Hogg Fuel & Supply Limited, Kitchener at their tendered price of
$98,897., plus G.S.T."
Carried.
Mr. Peter Somerville, Sutherland & Mark, appeared in support of clause B.12 of the Committee of the
Whole agenda of this date concerning the proposed surplusing and conveying of City lands to Albert
Raith Cement Contracting Limited - 36 Manitou Drive.
Moved by Councillor J. Ziegler
Seconded by Councillor T. Galloway
"That Parts 11 and 12, Reference Plan 58R-10495 be declared surplus to the City's needs and
conveyed for nominal consideration to The Regional Municipality of Waterloo for the purpose of
widening Manitou Drive.
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That Part 13, Reference Plan 58R-10495 be declared surplus to the City's needs and conveyed
for nominal consideration to The Regional Municipality of Waterloo to form part of its system for
the production, treatment and storage of water;
That Parts 4, 5, 6, 9, and 10, Reference Plan 58R-10495 be declared surplus to the City's needs
and conveyed, for nominal consideration including survey and legal fees, to Albert Raith Cement
Contractor Limited for the purpose of establishing frontage on and access to Manitou Drive,
reserving in favour of the City a right-of-way thereover and subject to the existing easement in
favour of The Regional Municipality of Waterloo on Parts 4, 5, and 6 thereof, provided that Albert
Raith Cement Contractor Limited assumes full responsibility for maintenance and repair of all
rights-of-way and access roads on the subject lands; and the obligation to insure and indemnify;
That the City convey a right-of-way over Part 7, Reference Plan 58R-10495 to Albert Raith
Cement Contractor Limited to acknowledge its prescriptive right thereto and for access to the rear
of its premises at 36 Manitou Drive provided that it assumes full responsibility for maintenance and
repair of the right-of-way and the obligation to insure and indemnify."
Carried.
Ms. Jane Falconer appeared on behalf of the K-W & Area Visitor & Convention Bureau (V.C.B) and
outlined the growth of the V.C.B. since its inception. She also provided a summary of a 1995 study on the
economic impact of tourism. Ms. Falconer advised that in 1992 the V.C.B. had 13 members, and in 1996
its membership has grown to 160. She also pointed out that members have contributed over $300,000
toward co-operative marketing initiatives. Ms. Falconer advised that the tourism impact study showed
that in 1995 the impact of tourism in the area was measured at approximately $216,000,000, up from
$209,000,000 in 1994. She also advised that tourism expenditures had increased by 4.3% over 1994.
Ms. Falconer thanked Councillor B. Vrbanovic for his time and effort in representing Council on the V.C.B.
Board of Directors.
Councillor B. Vrbanovic referred to the greater emphasis placed by the V.C.B. on capturing the tourist
market, and expressed his confidence that tourist spending will increase further in 1997. Councillor M.
Wagner noted that Cambridge is still not part of the V.C.B., and questioned whether there are any plans
to include that City. Ms. Falconer replied that she hopes Cambridge will join in the next two to three
years.
Mr. Sandy Reddy appeared and requested a refund of the 1995 and 1996 Chip Wagon licence fee
relative to Rosie's Fries - 45 Manitou Drive. Mr. Reddy explained that when he purchased the licence he
was told that the fee was in lieu of payment of Municipal, School and Regional taxes; however, he has
since been assessed for the same taxes in addition to having to paid the licence fee. He advised that he
is requesting a refund of $2,152.
Council was also in receipt of a report from Mr. R.W. Pritchard dated November 29, 1996 outlining the
staff position.
Moved by Councillor J. Ziegler
Seconded by Councillor G. Lorentz
"That the 1995 and 1996 Chip Wagon licence fees issued for Rosie's Fries, 45 Manitou Drive,
Kitchener, totalling $2,152 be refunded, subject to the applicant submitting the required, completed
application for a Refreshment Stand licence, together with the relevant application fee of $20 for
1996."
Carried.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
That the report of the Planning and Economic Development Committee of Council of this date be
adopted.
Council was in receipt this date of Planning and Development Department report PD 96/120, which
comprises an addendum to PD 96/94 concerning various Official Plan Amendments, Zone Change
Applications and Plans of Subdivision relative to Pioneer Tower West.
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Mr. T. McCabe reported that a settlement had been reached with all parties, and encouraged Council to
adopt the further revisions outlined in PD 96/120. Mr. McCabe pointed out that the only exception
involves the Pioneer Sportsmen Club, and a delegation will be requesting a two-week deferral which staff
supports. He further reported that there is total agreement on re-wording of the well monitoring condition
and advised that the community cap has been reduced from 1,200 to 1,175 units.
Ms. J. Given reviewed her addendum report and advised that the renaming of the east-west section of
Deer Ridge Crescent to Pioneer Tower Crescent is not in the report but is recommended. She also
advised that the number of units in the community cap should be reduced to 1,175 in each of two clauses
in the committee report.
Mr. P. Britton, MacNaughton Hermsen Britton Clarkson, appeared on behalf of J.H.S. Properties Limited
and the Grand River Conservation Authority. Mr. Britton indicated that with regard to the J.H.S. holdings,
he is in support of the final recommendations, including the well monitoring condition which he had a
hand in drafting. As regards, the G.R.C.A. lands, he advised that his client endorses clauses 2 & 4 of the
Planning and Economic Development Committee report of this date, and that an earlier concern
regarding the holding provision has been satisfied. Mr. Britton thanked staff for their hard work
throughout the Pioneer Tower West process.
Mr. Robert Steinberg appeared in place of Mr. Tom LeBrun, on behalf of the Grand River Conservation
Authority, concerning various Pioneer Tower West planning matters. He advised that the G.R.C.A.
recently passed a resolution to purchase Lots 2, 3, 55 & 56. Mr. Steinberg also indicated his appreciation
for the co-operation he received from staff of the City and the Region, as well as the assistance of
Councillors T. Galloway and B. Vrbanovic.
Mr. P. Puopolo, Planning Initiatives Limited, appeared on behalf of Vista Ridge and in support of the
Planning and Economic Development Committee report of this date as well as the staff addendum. Mr.
Puopolo also asked for consideration at this time of clause 8 of the Committee of the Whole agenda of
this date concerning a land exchange involving Bloomingdale Road and lands adjacent to the Pioneer
Tower. In this regard, Mr. Puopolo advised that Vista Ridge has no objection to the four lots being
designated as Open Space. He thanked the Grand River Conservation Authority, Mr. T. McCabe, Ms. J.
Given, Mr. G. Andersen, Councillors B. Vrbanovic and T. Galloway and members of the various residents
associations for their input and assistance throughout the process.
Messrs. Bill Thomson and Gord Nicholls appeared on behalf of the Pioneer Tower West Neighbourhood
Association. Mr. Thomson thanked Council for their patience throughout the process, and commended
the developers, their consultants, City staff and all residents in the neighbourhood association for their
efforts.
Mr. Gord Nicholls indicated that he heartily endorses the reduction in the community cap. He also asked
that clause 8, subsection 92, be further amended to impose a time parameter on construction of the fence
referred to. He suggested wording to the effect that the fence be built prior to issuing the first building
permit for the development. Mr. Nicholls thanked the community residents who met and participated in
the Pioneer Tower West process. He also extended his personal thanks to Councillor T. Galloway for his
many hours of assistance.
Mr. T. McCabe advised that staff have no problem with the principle of timing referred to by Mr. Nicholls in
regard to clause 8; however, he suggested wording similar to that which appears in another part of the
report and indicates that fencing is to be erected prior to any building permits being issued within the
affected stage rather than the development as a whole. Mr. Nicholls replied that it was his understanding
the fencing would be involved in three different stages, and it was his intent that the entire fence be dealt
with in Stage 1. Mr. McCabe responded that site improvements are normally made at the time of the
grading of each stage, and for this reason, it is more appropriate to construct the fence incrementally on a
stage by stage basis.
Judge James Kirkpatrick appeared and thanked all parties involved in the Pioneer Tower West planning
process for their assistance and indulgence. He advised that he has been opposed to the development
on the basis that it is unnecessary. Judge Kirkpatrick advised that he does not feel there should be
access from Grand Hill Drive to any commercial lot on King Street and requested that this provision,
though not a prohibition, be left to the discretion of the Planning Department as to whether access is
permitted. He offered the opinion that it is best that access not be provided from King Street.
Ms. J. Given responded that Regional staff agree that access is a problem at all points of entry, and that
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the present Zoning By-law contains some uses which may pose problems for the residents of Grand Hill
Drive.
Judge James Kirkpatrick indicated his further objection to the planned division of the volume of traffic
between Pioneer Tower and Deer Ridge Roads. He suggested that 80% of the traffic would be diverted
to Deer Ridge along with the accompanying noise and pollution problems. He suggested that a basic
principle in planning is that one group of citizens cannot be favoured at the expense of another and
indicated that he would take this argument to the Ontario Municipal Board.
Councillor T. Galloway advised that as regards the Grand Hill Drive access, the Pioneer Tower residents
feel access to this road is inappropriate, and suggested that it may be best to prohibit access at this time
and consider this issue in light of a specific, future use.
Mr. J. Richard, Chris Richard, appeared on behalf of the Pioneer Sportsmen Club and with regard to
three matters outlined in his written submission dated November 29, 1996. Mr. Richard advised that two
of the three matters have been addressed or will be in the near future, and asked that the issue of
recognizing certain lands as being designated Low Rise Residential under the Municipal Plan be deferred
for a two-week period.
Councillor Jake Smola referred to noise attenuation discussions with the residents bordering the
Sportsmen Club lands, and Mr. Richard indicated that he is awaiting release of the noise studies and is
hoping for a resolution at that time. He further stated that there is no formal agreement at present, but
that two of the principal development corporations have agreed in principle to a cost-sharing agreement.
Councillor T. Galloway indicated that he concurs with the deferral request, and noted that site mitigation
is in everyone's best interests and that he is hoping for co-operation from all stakeholders.
Mr. William Green, appeared on behalf of Krizsanderson Developments Ltd., concerning the Planning
and Economic Development Committee report of this date. He confirmed that the current proposal is
acceptable, including the negotiated proposal reducing the number of developable units to 263, which
includes a reduction in the number of units in the multiple development from 80 to 70. Mr. Green advised
that he has a detailed Plan of Subdivision if Council wishes to view this date. He also indicated that his
client supports the revised conditions, as well as sharing of the sound attenuation measures, subject to
release of a final report. Mr. Green thanked Mr. T. McCabe and community residents for their co-
operation and their interest in resolving the outstanding issues. Councillor T. Galloway referred to the
outstanding matter of the timing of fence construction raised by Mr. Gord Nicholls earlier in the meeting.
Mr. Green replied that his client has no objection to the condition as recommended, provided the
amendment reflects that construction is to take place prior to occupancy of the adjoining phase.
Moved by Councillor C. Weylie
Seconded by Councillor M. Wagner
That the revisions outlined below with respect to the Pioneer Tower West Area Official Plan
Amendment, Zone Changes and Subdivision Applications, be approved, and where appropriate
be consolidated into the respective clauses of the Planning and Economic Development
Committee report of this date:
(a)
all recommended revisions outlined in Planning and Development Department
report PD 96/120, being an addendum to PD 96/94;
(b)
the east-west section of the road named Deer Ridge Crescent in Stage 4 on the
Plan of Subdivision being renamed Pioneer Tower Crescent;
(c)
the chain link fence referred to in clause 8 (subsection 92) of the Planning and
Economic Development Committee report of this date (Krizsanderson Developments
Ltd.) being constructed prior to any building permit being issued within the affected
stage;
(d)
deferral to the December 16, 1996 Council meeting of the map issue in clause 2
(subsection 8) relating to the recognition of certain lands owned by the Pioneer
Sportsmen Club as Low Density Residential; and,
That the proposed by-law dated November 21, 1996 be replaced with the proposed by-law dated
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December 2, 1996 for ZC 94/16/P/JG, which revised the total number of multiple dwelling units to
70 and the total number of dwelling units to 263,
Further, that such revisions to the by-law be considered minor in nature and not require that any
further notice be given prior to the passing of the by-law; and further,
That the proposed by-law dated November 21, 1996 be replaced with that dated December 2,
1996 for ZC 961261LIJG which zones Lots 2, 3, 55, and 56 as P-2 (Open Space Zone) and limits
the number of dwelling units to 52,
Further, that such revisions to the by-law be considered minor in nature and not require that any
further notice be given prior to the passing of the by-law.
Mr. T. McCabe commented that with regard to the fencing issue, requiring construction prior to the
issuance of a building permit at each affected stage is the middle ground. Councillor T. Galloway advised
that he agrees with Mr. McCabe's wording.
Councillor T. Galloway thanked the Pinegrove and Grand Hill Neighbourhood groups who represented
their limited interests professionally and capably. He thanked the developers and private planners for
their willingness to co-operate, and acknowledged that the planning matters before Council this date
demonstrate a sensitivity to heritage issues as regards the J.H.S. Properties Limited lands and the Vista
Ridge lands. Councillor Galloway also thanked Councillor M. Wagner for his involvement in addressing
the heritage issues. Councillor Galloway thanked City of Kitchener staff for their efforts and ability in
bringing together the strong and varied interests, and cited in particular Ms. J. Given and Ms. C. Ladd.
He thanked Mr. T. McCabe for his guidance and involvement in the last weeks of the process, as well as
the previous Council for their support of the process as set out in 1982.
Councillor C. Weylie expressed her satisfaction and pride that all parties affected were able to reach a
final compromise position.
Council then voted on the motion moved by Councillor C. Weylie, seconded by Councillor M. Wagner
concerning further revisions involving Pioneer Tower West planning matters and it was Carried.
Council then voted on the Planning and Economic Development Committee report, as amended.
Voted on clause by clause.
Clauses 2, 3, 4 & 9
Carried.
Dealt with under Delegations and
Clauses 1, 5, 6, 7 & 8 - Dealt with under Delegations and
Carried, As Amended.
Moved by Councillor T. Galloway
Seconded by Councillor Jake Smola
"That the City accepts an offer dated November 11, 1996 from 3466874 Ontario Ltd. to purchase
2.15 acres of vacant land situated on Bloomingdale Road legally described as Part of Lot 71,
German Company Tract having an area of 2.15 acres at a price of $156,000.00.
The City shall accept as full payment in lieu of money, the transfer of Part of Lots 11 and 12,
Beasley's Broken Front Concession (described in Draft Plan of Subdivision 30T-95016 as Block
57), free and clear of all encumbrances. G.S.T. is applicable shall be paid by the respective
parties in addition to the purchase price.
And further, that the Mayor and Clerk are hereby authorized to execute any documents considered
necessary by the City Solicitor."
Carried.
Moved by Councillor T. Galloway
Seconded by Councillor G. Lorentz
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"That the report of the Community Services Committee of this date be adopted."
Carried.
Moved by Councillor J. Ziegler
Seconded by Councillor M. Wagner
"That the report of the Finance and Administration Committee of this date be adopted."
Councillor J. Ziegler asked that clause 2 be dealt with separately. He questioned whether the City has
time to seek redress for design flaws involving air and light quality in the portion of the building presently
occupied by the Information Services Division. Mr. J. Shivas advised that he had spoken with Mr. L.
Proulx and it was his opinion that the cost to improve the lighting in this area is not onerous, and that this
particular item should not be added to the two matters presently involving claims with the Architect as it is
not the same type of problem. Mr. Shivas advised that this would be his opinion as well, and further
noted that this issue could be added under the general six year period for negligence but not under the
special insurance policy.
Mr. J. Gazzola suggested that the $76,000 expenditure involved is not significant given the $67 million
cost of the City Hall. He emphasized that the present area was not specifically designed for Information
Services, but rather for another department. He suggested that the availability of natural sunlight is a
significant concern in laying out an office area with productivity in mind. Mr. Gazzola pointed out that staff
have tried to solve the problems in the existing area but with no success. He further stated that in his
opinion, the 8th floor space is unlikely to be used in the near future either by other staff or outside tenants;
however, the ground floor space which would be vacated by Information Services has greater potential for
generating revenue.
Councillor John Smola indicated his support for the recommendation, noting that a similar situation arose
with Council's use of the Conestoga Room for Committee meetings which resulted in the meeting location
being shifted to the Council Chamber. Councillor M. Wagner advised that initially he supported the
recommendation reluctantly; however, he has since decided to oppose the move based on the significant
cost, and the fact that the light and air conditions are not that bad and are better than other work areas.
Councillor Wagner re-acted to the comment made by Mr. Gazzola concerning future rental of the 8th floor
space, and suggested that the City Hall was constructed with expansion in mind and given the likelihood
of future population growth, it is entirely possible that further staff expansion would occur over subsequent
decades. Councillor K. Redman suggested that the issue at hand is one of quality of work environment
for which Council has a responsibility. She questioned whether Human Resources had tracked lost time
due to illness in the Information Services area. Mr. John Gazzola advised that he had obtained figures
for 1995 which show that the average hours of sick leave were 62.4, almost double that of other Divisions.
He also referred to an increase in average sick leave used from 4 to 8 days since the move to the new
City Hall.
A recorded vote was requested.
Councillor B. Vrbanovic advised that in his own personal experience when employed in the Information
Services Division, the quality of the work space had a profound impact on employee morale and
productivity. Councillor Jake Smola advised that he could not support the recommendation at this time
and suggested deferring consideration until such time as staff have looked at actively marketing the
space currently occupied by Information Services. He indicated that he could support the
recommendation coincident with a signed rental agreement. Councillor Smola suggested that current
illumination and air quality meets overall City standards, and questioned whether comparable sick leave
was in evidence in the Print Shop, which is also located below grade with no windows. He stated that this
is the third time the building has been altered, and that the problems in the Information Services Division
are not comparable to the rationale for making the earlier two building adjustments. Councillor T.
Galloway suggested that employee relations problems are often manifested in the form of illness and
sliding attendance, and suggested that these symptoms may well disappear given the recently
implemented reorganization of the Division. Councillor Galloway further suggested that demand always
meets supply and when there is available space there will always be someone interested in filling it. He
also suggested that he could support the recommendation if the City had a paying tenant for the first floor
space.
Councillor G. Lorentz pointed out that $76,000 is a lot of money to relocate the Division, and suggested
that the timing is not right for such a move. He also took exception to a statement that a senior employee
had gone on record in the media as indicating Information Services employees are being treated as
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second-class citizens. Councillor C. Weylie responded that in her view they are being treated as second-
class citizens and referred to problems she has seen first hand in the Division relative to uneven lighting
and water leaks. She advised that she is convinced the relocation is required after the time she spent in
the Division today. Mayor R. Christy indicated his support on the basis that the current environment is
unworkable, and commended staff for bringing the issue to Council's attention at this time.
The Finance and Administration Committee report was then put to a vote.
Voted on clause by clause.
Clause 2 - Carried on a recorded vote.
In Favour: Mayor R. Christy, Councillors John Smola, K.
Redman, B. Vrbanovic, C. Weylie and M. Yantzi.
Contra: Councillors G. Lorentz, T. Galloway, J. Ziegler, M.
Wagner and Jake Smola.
Balance of Report - Carried.
Councillor G. Lorentz asked for a progress report in six months time as to productivity improvements and
reduction in sick leave involving the Information Services Division.
Moved by Councillor John Smola
Seconded by Councillor M. Wagner
"That the report of the Public Works and Transportation Committee of this date be adopted."
Carried.
Councillor J. Ziegler referred to the massage licences on the Committee of the Whole agenda of this date
and asked staff to look into the feasibility of having massagists sign an undertaking concerning topless
and/or bottomless massage, and also requested that staff consolidate the current by-law to ensure that all
appropriate provisions are included therein and that the by-law stands as comprehensive legislation. Mr.
J. Shivas indicated that he is awaiting a Court of Appeal decision on lap dancing before suggesting any
revisions, as this decision will impact massage parlours. He advised that he is hopeful the issue can be
addressed in January or February of 1997.
Councillor M. Wagner referred to recent changes in the Development Charges Act which result in
municipalities being responsible for a greater percentage of hard and soft service costs for new
development, percentages which were previously paid for by the development industry. He asked that
Mr. T. McCabe bring back a report on the financial implications of the recent changes which resulted in
municipalities having to pay an additional 10% for hard service and 30% for soft services. He asked for a
retrospective calculation of the cost to the municipality to date had these changes been in place at the
time the initial Development Charges Act was implemented. Councillor Wagner suggested that this
Provincial action has a direct impact on local taxpayers, and referred to recent action by the City of
Mississauga to freeze development. Mr. T. McCabe replied that he attended a meeting concerning Bill
98 in Toronto last week, and estimates that if the same rules had applied from 1991 to the present, the
municipality would have had to pay an additional $15.5 million toward the cost of servicing new
development. He further advised that he is unaware of the legislative basis for the development freeze
undertaken by Mississauga and other municipalities. Mr. McCabe suggested that the issue of a formal
report be referred to Mr. Gazzola for a co-ordinated staff response. He pointed out that once Bill 98
receives Royal Assent, the Development Charge By-law will have to be amended within 18 months. Mr.
J. Gazzola advised that the changes in Bill 98 impact several City departments, and agreed to assemble
a staff committee to report on the issue.
Councillor B. Vrbanovic referred to the issue of Video Lottery Terminals and Charitable Gaming Halls,
and suggested that based on a recent press release, the Province is forging ahead with these initiatives.
He advised that a Charitable Allocation Working Committee has been formed and will visit various
locations in the Province and report in early 1997. Councillor Vrbanovic stated that Kitchener is one of
three locations chosen as Regional consultation sites.
Councillor Jake Smola referred to the Private Legislation concerning pit bulls which has received first
reading in the Legislature. He advised that he, along with Councillor B. Vrbanovic, legal staff, Dr. G.
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Hess of the Humane Society and Constable Randy Peacock of the Regional Police, attended a
Committee Hearing at Queen's Park last week. Based on the Hearing, Councillor Smola advised that he
is optimistic the Bill will receive Royal Assent before the new year.
Council was advised by Mr. R.W. Pritchard that the by-law listed on the agenda as item "(m)" involving an
amendment to the Zoning By-law relative to Lookout Lane should be amended based on discussion this
date by reducing the maximum number of dwelling units from 56 to 52. Council agreed to the change as
presented.
Moved by Councillor M. Wagner
Seconded by Councillor J. Ziegler
"That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a)
Being a by-law to exempt certain lots from Part Lot Control - Lots 32, 33 and 34, Registered
Plan 1114 - Scenic Drive
(b)
Being a by-law to establish retention periods and disposition methods for records of the
municipality
(c)
To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of
motor vehicles on private property
(d)
To further amend By-law No. 88-171 being a by-law to designate private roadways as fire
routes and to prohibit parking thereon
(e)
To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-
street parking of vehicles for use by physically handicapped persons, and the issuing of
permits in respect thereof
(f)
To further amend By-law 94-101, being a by-law to regulate traffic and parking on highways
under the jurisdiction of the Corporation of the City of Kitchener
(g)
Being a by-law to amend Chapter 85 of the City of Kitchener Municipal Code regarding
Hearing Authority
(h) To confirm all actions and proceedings of the Council
(i)
Being a by-law to amend By-law 85-1 City of Kitchener - Comprehensive Rezoning of
Pioneer Tower West - No. 96/17/P/JG
5. (Cont'd)
(J)
Being a by-law to amend By-law 85-1 known as the Zoning By-law - J.H.S. Properties Inc. -
Pioneer Tower Road - No. 94/17/P/JG
(k)
Being a by-law to amend By-law 85-1 known as the Zoning By-law - Grand River
Conservation Authority - Pioneer Tower Road - No. 961201PIJG
(i)
Being a by-law to amend By-law 85-1 known as the Zoning By-law - Maple Manor Ltd. -
Pioneer Tower Road - No. 94/21/P/JG
(m)
Being a by-law to amend By-law 85-1 known as the Zoning By-law - 346874 Ontario Ltd. -
Lookout Lane - No. 961261LIJG
(n)
Being a by-law to amend By-law 85-1 known as the Zoning By-law - Krizsanderson
Developments Limited - Pioneer Tower Road - No. 94/16/P/JG
(o)
Being a by-law to adopt Amendment No.7 to the Municipal Plan - City of Kitchener -
Pioneer Tower West - MP 95/1/P/JG
(p)
Being a by-law to adopt Amendment No.8 to the Municipal Plan - G.R.C.A. - Pioneer Tower
Road - MP 96/5/P/JG
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(q) Being a by-law to amend By-law 85-1 G. Hudelmaier - Highland Road West
No.951271HIJW
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
R. Christy appointed Councillor M. Yantzi as Chair.
On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair.
Moved by Councillor M. Yantzi
Seconded by Councillor T. Galloway
"That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of
the Committee of the Whole held this date, as attached hereto and forming part of these minutes
are hereby adopted and confirmed."
Carried.
Moved by Councillor M. Wagner
Seconded by Councillor J. Ziegler
"That the by-laws listed on the agenda for third reading, namely:
(a)
Being a by-law to exempt certain lots from Part Lot Control - Lots 32, 33 and 34, Registered
Plan 1114 - Scenic Drive
(By-law No. 96-168)
(b)
Being a by-law to establish retention periods and disposition methods for records of the
municipality
(By-law No. 96-169)
(c)
To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of
motor vehicles on private property
(By-law No. 96-170)
7. (Cont'd)
(d)
To further amend By-law No. 88-171 being a by-law to designate private roadways as fire
routes and to prohibit parking thereon
(By-law No. 96-171 )
(e)
To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-
street parking of vehicles for use by physically handicapped persons, and the issuing of
permits in respect thereof
(By-law No. 96-172)
(f)
To further amend By-law 94-101, being a by-law to regulate traffic and parking on highways
under the jurisdiction of the Corporation of the City of Kitchener
(By-law No. 96-173)
(g)
Being a by-law to amend Chapter 85 of the City of Kitchener Municipal Code regarding
Hearing Authority
(By-law No. 96-174)
(h) To confirm all actions and proceedings of the Council
(By-law No. 96-175)
(i) Being a by-law to amend By-law 85-1 City of Kitchener - Comprehensive Rezoning of
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(J)
(k)
(m)
(n)
(o)
Pioneer Tower West - No. 96/17/P/JG
(By-law No. 96-176)
Being a by-law to amend By-law 85-1 known as the Zoning By-law - J.H.S. Properties Inc. -
Pioneer Tower Road - No. 94/17/P/JG
(By-law No. 96-177)
Being a by-law to amend By-law 85-1 known as the Zoning
Conservation Authority - Pioneer Tower Road - No. 961201PIJG
By-law - Grand River
(By-law No. 96-178)
Being a by-law to amend By-law 85-1 known as the Zoning By-law - Maple Manor Ltd. -
Pioneer Tower Road - No. 94/21/P/JG
(By-law No. 96-179)
Being a by-law to amend By-law 85-1 known as the Zoning By-law - 346874 Ontario Ltd. -
Lookout Lane - No. 961261LIJG
(By-law No. 96-180)
Being a by-law to amend By-law 85-1 known as the Zoning By-law - Krizsanderson
Developments Limited - Pioneer Tower Road - No. 94/16/P/JG
(By-law No. 96-181 )
Being a by-law to adopt Amendment No.7 to the Municipal Plan - City of Kitchener -
Pioneer Tower West - MP 95/1/P/JG
(By-law No. 96-182)
(Cont'd)
(p) Being a by-law to adopt Amendment No.8 to the Municipal Plan - G.R.C.A. - Pioneer Tower
Road - MP 96/5/P/JG
(By-law No. 96-183)
(q) amend By-law 85-1 G. Hudelmaier - Highland Road West
Being a by-law to
No.g5/27/H/JW
(By-law No. 96-184)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
On motion, the meeting adjourned.
Carried.
MAYOR CLERK
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE -
1. 1.
That the following parts of Municipal Plan Amendment MP 95/1/P/JG be adopted by By-law
and forwarded to the Regional Municipality of Waterloo for final approval:
a)
Schedule "A" attached, dated November, 1996, with the exception of the Area 2
change in land use designation affecting the JHS Properties Inc. property.
b)
Proposed policies 12.7 ix), x), xi), xii), xiv), xv), xvi), xvii), xx) and amendments to
Schedule "D".
That Council approve by resolution, all other proposed Municipal Plan policies and forward
same to the Ontario Municipal Board for their consideration in the matters before them.
SECTION 4 - THE AMENDMENT
The Municipal Plan of the City of Kitchener is amended as follows:
1. Part 2 Section 3.1 is revised as follows:
a)
Policy 3.1.2.8 is revised by deleting "may require the dedication" from the first line
and replacing it with "may seek to obtain".
2. Part 2 Section 4.3 is revised as follows:
a)
Policy 4.3.1 is revised by adding the phrase "and its updates" to the second
sentence following the phrase "This Study".
b) Policy 4.3.2 is revised so as to read as follows:
"2.
Kitchener City Council will not adopt any Municipal Plan Amendment to add new
urban development areas to the Land Use Plan or to increase the development
density or intensity of uses on lands designated for residential development which
cannot ultimately be provided with an acceptable level of fire protection service or
alternative means of fire prevention and fire suppression services. Such alternatives
may include agreements with adjacent municipalities, sprinklering, direct-to-fire
alarm monitoring or increased building separation.
New subdivision development not requiring the adoption of a Municipal Plan
Amendment will not be permitted until facilities for adequate fire response have been
planned and approved by Council in accordance with the Fire Station Location
Study and monies are included in the 10 year Capital Forecast, or those alternatives
outlined above are planned for and approved."
3. Part 2 Section 8.3, Policy 8.3.1.1 viii) is revised to read as follows:
"viii) Scenic-Heritage Roads
Scenic-heritage roads are roads which, because of their unique structural, topographical
and visual characteristics, as well as abutting vegetation, built environment and cultural
landscape, historical significance or location within a Heritage Conservation District are
intended to be conserved."
4. Part 2 Section 8.3.2.4 Policies i) and ii) are deleted.
5. Part 2 Section 8.3.3, Policy 9 is revised by adding the following as clauses v) and vi):
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
1. 5. (Cont'd)
"v)
Pioneer Tower Road between Marquette Drive and the Grand River. It is
acknowledged that the Scenic-Heritage designation of Pioneer Tower Road is
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based purely on historical grounds, and as such widening of the carriage way,
changes to the surface treatment and other changes may be permitted.
vi)
Lookout Lane from Pioneer Tower Road to its terminus at the Pioneer Memorial
Tower."
6. Part 2 Section 8.3.3, Policy 10 is revised by deleting:
"viii) Pioneer Tower Road between Marquette Drive and the Grand River;" and
x) LookoutLane."
7. Part 2, Map 4-Transportation, is revised, as attached.
Part 3, Map 5-Plan for Land Use is revised, as attached dated November 1996, save and
except the Land Use designation on a portion of the Sportsmen Club lands, consideration
of which is deferred and referred to the December 16, 1996 Council meeting.
The preamble to Part 3 Section 12.7 is deleted in its entirety and replaced with the
following:
"7.
Pioneer Tower West Community
The following policies will apply to the development of the Pioneer Tower West
Planning Area:"
10.
Part 3 Section 12.7 Policies i), ii), iii), iv), vii), viii), ix), x) and xi) are deleted in their entirety
and replaced with the following:
"Residential Development
i)
It is recognized that the existing residential neighbourhoods in Pioneer Tower West are
large lot developments which developed on private services. New lots created through the
consent process within the existing communities shall be compatible in size with the
existing lots.
ii)
New municipally serviced residential development within Pioneer Tower West may take
place at higher densities than that of the existing residential areas. Notwithstanding the
Low Rise Residential designation, generally, the net residential density of all new
residential development shall not exceed 10 units per net hectare over the developing
portion of the community. Residential uses will be primarily single detached dwellings, with
many new areas within the community developing on relatively large lots, taking advantage
of the character of the community and ensuring compatibility with existing built residential
areas, particularly in areas of transition between existing and new residential development.
Multiple residential development shall be permitted adjacent to large commercial sites, in
those areas taking advantage of scenic vistas and where the preservation of natural
features can be maximized, provided such development is designed and located to be
compatible with the existing residential areas and preserve important environmental
features.
iii)
Complementary uses are restricted to those which are appropriately located and do not
generate large volumes of traffic. Convenience commercial uses shall not be permitted.
Tourist homes are permitted in existing heritage buildings, as a means of promoting their
preservation.
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
1. (Cont'd)
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iv)
REPORTS ADOPTED BY COUNCIL
It is recognized that the design of the intersections of Deer Ridge Drive and Baxter Place
with Highway 8 will impact on the total number of new residential units which can be
developed within Pioneer Tower West. Accordingly, the total number of new residential
units in the developing portion of the community shall not exceed 1175 units. The allocation
of the units to developing lands shall be done through approval of implementing by-laws
and plans of subdivision being processed and recommended concurrently with these
policies. This maximum total number of new residential units shall be subject to the final
approval by the Regional Municipality of Waterloo of a functional design and other
implementation details. Should the Regional Municipality of Waterloo not be satisfied with
the functioning of the intersections, the total number of new residential units may be
changed without an amendment to this Plan provided it does not exceed 1175.
v)
Notwithstanding the policies on density and maximum numbers of units in Pioneer Tower
West, such requirements shall not apply to the minor intensification of the community
through duplexing.
vi)
New residential plans of subdivision shall only be permitted to develop following or in
conjunction with the construction of Deer Ridge Drive to provide the primary access into the
community. New road networks shall be designed so as to minimize the amount of
additional traffic on Pioneer Tower Road east of Marquette Drive. Intersection
improvements at Deer Ridge Drive/Highway 8 and Baxter Place/Highway 8 will be required
as part of the development approvals.
vii)
In recognition of existing privately owned wells within the planning area, approval of plans
of subdivision shall contain conditions relating to the appropriate monitoring of existing
private wells, mitigation of development impacts, as well for the provision of a water supply
if wells are affected by development.
Notwithstanding the designation of Low Rise Residential on those lands located on the
south side of Edgehill Drive, the severance or development of such vacant lands shall only
be permitted upon the approval of an engineering study of the entire slope by the City's
Department of Public Works and Grand River Conservation Authority, determining its
acceptability for development.
ix)
It is acknowledged that it is the intent of the City to complete a Heritage Conservation
District Plan generally covering lands along the ridge extending easterly from the Pioneer
Memorial Tower and to the Grand River. The Heritage Conservation District Plan will set
out tools such as implementing zoning by-laws, establishment of heritage easements and
special conditions of subdivision approval which may be utilized so that new development
is sympathetic to the natural and built heritage of Pioneer Tower West and does not
compromise the integrity of the history or of preserved resources, including the Pioneer
Memorial Tower and the "ridge" along with its natural and built features.
Open Space/Recreation
x)
It is recognized that the Grand River Corridor Conservation Plan proposes a continuous
linear, publically accessible open space along the Grand River and specifically identifies
the potential for a major tourism/recreation node in the Pioneer Tower area. Through the
development approvals, the City shall endeavour to achieve this objective by attempting to
secure and preserve such lands in public ownership to ensure public access is developed
through walk and trail links connecting open spaces and maximizing the enjoyment of the
natural features of the community and the views of the Grand River, which has been
designated as a Heritage River.
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
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1. (Cont'd)
REPORTS ADOPTED BY COUNCIL
xi)
Within the lands designated Open Space, uses shall be restricted to those which provide
outdoor passive recreation or facilitate the preservation and enjoyment of distinctive natural
features. Active recreational uses such as snowmobiling, motorized trail biking, go-carts,
amusement arcades, miniature golf, water slides, wave pools, gun clubs and amusement
parks are prohibited. Open space areas may be used for activities such as active
sportsfields, tennis courts and cross country skiing.
xii)
Public agencies owning land or having an interest in this area should be encouraged to
contribute to a comprehensive development of interpretive displays, signs, and appropriate
landscaping to create a planned recreational and historic public resource.
In recognition of existing equestrian activity in this community, and its contribution to the
character of Pioneer Tower West, public and private equestrian stables and riding
academies and accessory uses shall be permitted within Open Space areas as well as
within Low Rise Residential areas adjacent and having access to Open Space areas.
Where possible, riding academies shall be subject to site plan control with specific
consideration of the separation of equestrian operations from residential development.
Herita,qe
xJv)
Recognize that parts of this community will be included in a Heritage Conservation District
due to the area's unique historical significance as the site of the first non-native settlement
in Waterloo County and the presence of natural and built heritage resources.
As such, in addition to complying with other heritage policies in this Plan, new development
shall have regard for the heritage resources and be designed to avoid or minimize any
negative impact on the significant heritage resources including the Pioneer Memorial Tower
site, the built heritage along the ridge east of the tower, and the scenic vista between the
ridge and the Grand River. Open spaces shall be provided around the Tower and adjacent
development shall be designed to be compatible with the heritage character.
The significance of Pioneer Tower Road and Lookout Lane should be recognized and their
presence maintained as they are under study for designation as Scenic-Heritage Roads.
Most of Lookout Lane shall be maintained in its present state as a public access road to the
Pioneer Memorial Tower. Parts of Pioneer Tower Road shall be closed to vehicular traffic
and converted to a public walkway/trail link, while continuing to recognize the historic value
of the original road.
xv)
In recognition of the significance of the ridge to the history of the area and to preserve the
integrity of the natural and built heritage resources, the lands between the Pioneer
Memorial Tower and the historic Betzner farmstead are designated and zoned Open
Space. The City acknowledges its intent to acquire these lands at fair market value for
public open space purposes. Further, every effort should be made to explore alternative
funding arrangements so that additional lands along the significant ridge are acquired and
held in public ownership.
Vistas
xvJ)
Recognize the value of many of the scenic vistas in this area and encourage development
which takes advantage of these vistas and is designed to blend with the surroundings, in
accordance with other policies related to vistas in this Plan. Accordingly, plans of
subdivision and site plans will be so designed as to accomplish this objective.
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
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1. (Cont'd)
Noise
xvii)
Recognize that the existing recreational facility south of Pioneer Tower Road, Pioneer
Sportsman Club, which includes a gun club, may generate a significant amount of noise
and as such, appropriate measures may be required to mitigate such noise relative to new
residential development.
10.
Part 3 Section 12.7 Policies v) and vi) are renumbered xviii) and xvix) respectively, under
the heading "Service Commercial Uses"
11. The following Policy xx)is added under the Section "Service Commercial Uses":
Access to those Service Commercial lands north of Deer Ridge Drive shall not be
given from Grand Hill Drive."
12.
Part 5, Schedule A is amended by deleting the definition of Net Residential Density and
replacing it with the following:
"Net Residential Density
The total number of residential units divided by the respective development land area
devoted to residential development. Land area devoted to residential development shall
include such uses as school sites, local parks, storm water management areas, walkways
and lands devoted to any other uses which could have been developed for residential
purposes. It shall also include all wholly contained roadways, one-half of all bounding
roadways and one-quarter of intersection where two bounding roadways intersect but does
not include bounding trunk roads.
Land area shall exclude lands within an ESPA, lands below the Regulatory Floodline and
hazard land which includes steep slopes."
13) Part 5, Schedule "D" is amended by
a) deleting:
"Pioneer Tower Road
Marquette Drive to end
20m"
and replacing it with the following:
"Pioneer Tower Road
b) deleting:
Marquette Drive to Pioneer 20m"
Tower Road (new)
"LookoutLane
Pioneer Tower Road to end 16m"
It is the opinion of this Committee that the approval of this Municipal Plan Amendment is proper
planning for the City.
(As Amended)
That Council recommend approval of Municipal Plan Amendment MP 96/5/P/JG (Grand River
Conservation Authority), in accordance with the detailed recommendations set out below:
SECTION 4 - THE AMENDMENT
The Municipal Plan of the City of Kitchener is amended as follows:
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PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
2. (Cont'd)
That the following new Policy be added to Section 12.7 of the City's Municipal Plan,
numbered x) and that all subsequent policies be renumbered accordingly:
"x)
Notwithstanding the designation of Low Rise Residential on those lands located on
the south side of Pioneer Tower Road owned by the Grand River Conservation
Authority, a holding provision shall apply to such lands in the zoning by-law.
Development of the property for uses other than those uses presently existing on the
property shall be permitted only at such time as the City is in receipt of registrable
deeds for land intended for replacement public open space, legally described as
Part Lot 12, Beasley's Broken Front Concession, more particularly described as Lots
2, 3, 55 and 56 in Draft Plan of Subdivision 30T-95016. Upon receipt of such deeds,
the holding provision shall be removed by City Council.
That Schedule "A" to Municipal Plan Amendment MP 96/5/P/JG (following Page 44 of PD
96/94), be revised as shown on the attached map (in PD 96/117), dated "November, 1996"
to change the designation on lands located on the south side of Pioneer Tower Road from
Open Space to Low Rise Residential.
It is the opinion of this Committee that the approval of this Municipal Plan Amendment is proper
planning for the City.
That Council approve Zone Change Application 96/17/P/JG (City of Kitchener Comprehensive
Rezoning) in accordance with the detailed recommendations set out below:
That Zone Change Application ZC 96/17/P/JG (Pioneer Tower West) requesting to change the
zoning from Residential (Twp R) and Agricultural (A), according to By-law 878-A to Residential
Three Zone (R-3) with special regulation provision 262, Residential Three Zone (R-3) with special
regulation provision 233, Residential Two Zone (R-2) with special regulation provision 261 and
holding provision 28, Residential Two Zone (R-2) with special regulation provisions 1R and 233,
Open Space Zone (P-2), Open Space Zone (P-2) with special regulation 1, Hazard Land Zone (P-
3), Open Space Zone (P-2) with special use provision 237, Open Space Zone (P-2) with special
use provision 237 and special regulation provision 1, Hazard Land Zone (P-3) with special use
provision 237, Golf Course Zone (P-4) with special regulation provision 246, and Agricultural Zone
(A-l) be approved in the form shown in the attached "Proposed By-law", dated revised November
25, 1996.
It is the opinion of this Committee that approval of this application is proper planning for the City
and is in conformity with a recommended amendment to the City's Municipal Plan.
That Council recommend approval of Zone Change Application ZC 96/20/P/JG (Grand River
Conservation Authority), in accordance with the detailed recommendations set out below:
That Zone Change Application ZC 96/20/P/JG (Grand River Conservation Authority) only be
approved as follows: changing the zoning from Agricultural (A) according to By-law 878-A to
Residential Three Zone (R-3) with special use provision 238 and special regulation provision 255,
Residential Three Zone (R-3) with special use provision 238, special regulation provision 256 and
special holding provision 28, Open Space Zone (P-2) and Hazard land Zone (P-3) be approved in
the form shown in the attached "Proposed By-law", dated revised November 21, 1996.
It is the opinion of this Committee that approval of this application is proper planning for the City
and is in conformity with a recommended amendment to the City's Municipal Plan.
5. That Council recommend that approval of Plan of Subdivision Application 30T-95016 and Zone
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Change Application 96/26/L/JG (346874 Ontario Ltd.) in
recommendations set out below.
accordance with the detailed
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
5. (Cont'd)
That Zone Change Application ZC 96/26/P/JG (346874 Ont. Ltd.) requesting to change the
zoning from Agricultural (Twp A) according to By-law 878-A to Residential Three Zone (R-
3) with special use provision 236 and special regulation provision 244, Residential Three
Zone (R-3) with special use provision 236 and special regulation provision 235, Residential
Three Zone (R-3) with special use provision 236 and special regulation provision 232,
Residential Two Zone (R-2) with special use provisions 228 and 236 and special regulation
provisions 231, Open Space Zone (P-2), Open Space Zone (P-2) with special use provision
229 and special regulation provision 1, Open Space Zone (P-2) with special regulation
provisions 1 and 236, Open Space Zone (P-2), and Hazard Land Zone (P-3), all of which is
subject to special regulation provision 263, on lands legally described as Part Lot 12,
Beasley's Broken Front concession, be approved in the form shown in the attached
"Proposed By-law", dated revised December 2, 1996, without conditions.
It is the opinion of this Committee that the approval of this application is proper planning for
the City and is in conformity with a recommended amendment to the City's Municipal Plan.
That Subdivision Application 30T-95016 (346874 Ontario Ltd) be recommended to the
Ontario Municipal Board 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.
50.
That the final plan for registration purposes shall be prepared in accordance with the
attached Plan of Subdivision dated revised December 2, 1996, provided that minor
changes to said plan, acceptable to the General Manager of Planning and Development
and not affecting the numbering of lots or blocks may be permitted without an amendment
to this agreement.
51.
That prior to any grading or construction on site or registration of the Plan, a Grading
Control Plan be approved by the City's General Manager of Public Works in consultation
with the City's General Manager of Parks and Recreation, the Assistant General Manager
of Planning and Development and the Grand River Conservation Authority.
52.
a) That prior to any grading or construction on site or registration of the Plan, a detailed
design for storm water management shall be prepared in accordance with the approved
recommendations of the Hydrogeological report prepared by Paragon Engineering (August,
1995), and in accordance with the approved concept plan, and submitted for the approval
of the City's General Manager of Public Works in consultation with the City's General
Manager of Parks and Recreation and the Grand River Conservation Authority. The
Subdivider further agrees to implement all required measures as outlined in the approved
final design.
b) The stormwater management pond, which will be constructed on lands owned by the
City of Kitchener, shall jointly serve this subdivision and that of Plan of Subdivision 30T-
94009. Engineering design, landscaping and construction costs will be shared on a
contributing volume basis with each owner. Construction costs shall relate to the costs to
implement the ultimate storm water management design and shall be based on the actual
tendered cost.
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c) In order to facilitate the ultimate development and sharing of expenses of the storm water
management facility, the Subdivider agrees to submit a Letter of Credit to the City Solicitor
for its fair share of the cost of the storm water management facility, to the satisfaction of the
City's General Manager of a Public Works prior to the commencement of any servicing
within this plan of Subdivision. At such time as the ultimate storm water
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
5. (Cont'd)
management facility has been constructed and accepted by the City's General Manager of
Public Works and a letter has been submitted to the said General Manager, indicating full
payment has been made for the cost sharing of the storm water management facility in
accordance with b) above, the City agrees to release the Letter of Credit to the Subdivider.
53.
That a landscape plan of the stormwater management facility be approved by the manager
of Community Arenas, Athletics, Design and Development prior to the registration of the
Plan of Subdivision. All landscaping of areas above the 5 year storm level shall be installed
at the subdivider's cost, in accordance with the approved plan, during the first planting
season after occupancy of the first unit. The remainder of the planting shall commence at
such time as required by the Manager of Community Arenas, Athletics Design and
Development. The Subdivider shall maintain the planting for a prior of one year from the
completion of final planting. Landscape plans are to be prepared by an Environmental
Professional acceptable to the City.
55.
Prior to the Department of Public Works accepting the storm water management pond as
shown on the approved landscape plan, the Subdivider agrees to erect one or more
information signs at a public access point(s) detailing the purpose of the pond, phone
number for further information and any other relevant information, to be approved by the
Manager of Community Arenas, Athletics, Design and Development, all at the cost of the
Subdivider.
56.
The Subdivider agrees that in consideration of the wooded character of the subdivision
lands and the City's desire to minimize the impact of development on treed areas worth
retaining, to comply with the following process in the development of the subdivision in
accordance with the City's approved Tree Management Policy:
a)
prior to the City releasing the Subdivision Plan for registration, the Subdivider shall
submit the detailed vegetation plan for the approval of the City's Manager of Design,
Heritage and Environment.
b)
that no area/rough grading shall occur on the lands until such time as all approved
measures for protection of isolated trees, tree clusters and woodlands affected by
such grading have been satisfactorily implemented, and inspected by the City and
the Subdivider has received a written authorization from the City's General Manager
of Public Works to proceed with said grading.
c)
to implement and be responsible for providing all information contained in the
approved detailed vegetation plan, tree preservation/enhancement plan (if
applicable), to all of its heirs, executors, administrators, successors and assigns in
order to ensure that the requirements outlined in said plan(s) are carried out as
specified.
d)
a tree preservation/enhancement plan will be required prior to applying for or having
issued any building permits for those lots or blocks which are subject to site plan
approval under Section 41 of The Planning Act, corner lots where site service
locations and building type have not been predetermined, interior lots having street
frontage greater than 13.7 metres, proposed buildings that are located deeper on
the lot than approved on the detailed vegetation plan and/or on which the revised
grading will have an adverse effect on the detailed vegetation plan.
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e)
in the event of construction causing minor tree damage, remedial measures such as
trimming, dressing or bark doctoring shall be implemented at the Subdivider's cost
and as directed by the Subdivider's Environmental Consultant who prepared the
approved plan. In cases where major irreparable tree damage is done, liability is
questionable, or the tree is judged to be unsafe, in the opinion of the
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
5. (Cont'd)
Subdivider's Environmental Consultant and/or the City, each such tree shall be
removed and replaced with at least one tree of equal value based on the tree value
formula as set out in "Guide for Plan Appraisal" of the International Society of
Arboriculture, latest edition. Tree replacements are to be located on the same lot or
block as the tree requiring removal or to a location within the subdivision requiring
enhancement. Furthermore, such remedial measures or tree replacements shall be
approved by the City's Manager of Design, Heritage and Environment and shall be
satisfactorily implemented prior to occupancy of the units or, due to weather
conditions, by the next planting season.
57.
To obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration
to Waterways Permit under Ontario Regulation 69/93 prior to any grading or registration of
the Plan.
58.
That the 5% parkland dedication required for the plan of subdivision shall be satisfied by
the conveyance of Blocks 58 and 59 to the City of Kitchener without cost and free of
encumbrance.
59.
That construction traffic to and from the proposed subdivision development shall be
restricted to accessing the subdivision only from Deer Ridge Drive and Joseph Schoerg
Crescent. 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
60.
That the names of the streets within the Plan shall be those shown on the Plan of
Subdivision.
61.
The Subdivider shall make satisfactory arrangements with the Ministry of Transportation
Ontario or the Regional Municipality of Waterloo, whichever has the jurisdiction for Highway
8, and the City of Kitchener, for all intersection improvements at Deer Ridge Drive/Highway
8, Deer Ridge Drive/Grand Hill Drive, Baxter Place/Highway 8 and Baxter Place/Pioneer
Tower Road prior to the release of any stage of the plan for registration. Such
improvements shall include the construction of dual left turn lanes from Deer Ridge Drive
northbound onto Highway 8, the installation of traffic signals at the Deer Ridge Drive/King
Street East intersection, the construction of a sidewalk along the northerly side of Deer
Ridge Drive to Highway 8, and any appropriate design improvements at the Deer Ridge
Drive and Grand Hill Drive intersection which will assist in traffic flow, including safe left
turns. Such improvements shall be undertaken at a timing in accordance with the
"intersection improvement staging plan" approved by the Region in consultation with the
affected neighbourhood associations.
62.
The Subdivider agrees that no building permits shall be applied for on any lot or block in
the Plan until satisfactory arrangements are made with the City's Chief Building Official
regarding the installation and maintenance of a direct-to-fire alarm monitoring system for
each and every dwelling to be constructed within this Plan. Satisfactory arrangements shall
be the submission of drawings showing the hardwiring in each dwelling. Prior to occupancy
of each dwelling, the Subdivider shall confirm with the Chief Building Official that such
system is operational. Such system shall remain operational in perpetuity and this
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condition shall not be released from title unless and until the City's Solicitor is notified by
the City's Fire Chief that adequate protection is otherwise provided and the maintenance of
the system is no longer mandatory.
63.
The Subdivider agrees that it shall be responsible, at its cost, for the monitoring of private
shallow and deep wells in the existing developed portions of the Grand Hill Village and
Pinegrove communities. The monitoring of shallow wells is associated with the
construction of deep sections of the sanitary sewer on table land. Monitoring of private
deep wells or new observation wells extending into the deep overburden aquifer will be
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
5. (Cont'd)
required if any dewatering in close proximity to the Grand River is undertaken associated
with the construction of the sewage pumping station or the forcemain across the Grand
River. In this regard, the Subdivider agrees that the detailed requirements of the monitoring
program, the areas of the existing communities in which it shall be undertaken and the
implementation of the program shall be subject to the approval of the Regional Municipality
of Waterloo.
The Subdivider further agrees that in the event the existing water supply to any existing
homes in the identified areas of Grand Hill Village and the Pinegrove Community is
disrupted or cut off as a result of the dewatering required for the construction of deep
sections of the sanitary sewers, the sewage pumping station or the forcemain across the
Grand River, the Subdivider shall provide a new water supply, either temporarily or
permanently as the case may be, to all affected properties to the satisfaction of the Region
and the City's General Manager of Public Works, all at the Subdivider's cost.
The monitoring program, associated with the construction of deep sanitary sewers, shall be
undertaken for a total period of approximately one year, which will include a period of time
both before and after the actual dewatering process. The monitoring program associated
with the construction of the pumping station and the forcemain across the Grand River shall
be undertaken for a period of time shorter than one year. The details of the monitoring
program are to be approved by the Region. In order to ensure that the monitoring program
is maintained for the time period set out by the Region and to further ensure that a
satisfactory water supply is provided to any homes whose water supply may have been
affected as a result of the construction of sanitary sewers or the pumping station, and in
recognition of there being more than one subdivider in the area, the Subdivider agrees to
enter into an agreement with the owners of lands within the following applications for draft
plans of subdivision:
30T-94008 (Krizsanderson Developments Ltd.)
30T-94017 (Maple Manor Ltd.)
30T-94009 (JHS Properties Inc.)
30T-95016 (346874 Ontario Ltd.)
30T-96006 (JHS for James and Barbara Pincott)
Said agreement shall stipulate that the owners of the lands subject to the draft plans of
subdivision listed above, shall be jointly and severally responsible for the undertaking of a
monitoring program; and in the event of evidence of a dry well during the monitoring
periods investigate and report to the extent of a hydrogeologist initial report which
ascertains cause, if possible; and to provide a new water supply, if necessary, and a
provision shall be included acknowledging that said agreement shall be binding on future
subdividers. Said agreement shall be submitted for the review and approval of the City's
Solicitor and shall be registered on title of the lands prior to the grading, servicing or
registration of any stage of the plan of subdivision or the installation of the sanitary sewage
facilities as defined in Condition 58. Further said agreement shall not be released from
title until such time as the monitoring program ~s complete and either no impacts to existing
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REPORTS ADOPTED BY COUNCIL
shallow wells has occurred or a new water supply has been provided to all affected
properties to the satisfaction of the Region and the City.
To construct 1.5 metre concrete sidewalks to the satisfaction of the City's General Manager
of Public Works as follows:
i) along the westerly side of Joseph Schoerg Crescent from Lot 46 to Lot 56;
ii) between Block 59 and Lot 3 on the southerly side of Joseph Schoerg Crescent in
accordance with Condition 68 below.
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
5. (Cont'd)
65.
To fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod
Blocks 57, 58 and 59 to the satisfaction of the General Manager of Parks and Recreation in
consultation with the City's Manager of Design, Heritage and Environment. All works
required of the Subdivider by this Section shall be completed in conjunction with the timing
of grading of surrounding residential development not to exceed two years from the
registration of the subdivision plan or at any alternate time approved in writing by the
General Manager of Parks and Recreation.
66.
Prior to the registration of the Plan of Subdivision, the Subdivider agrees to prepare a
detailed community walkway design plan showing the proposed treatment of Lookout Lane
abutting this plan.
a)
The design plan shall include details on proposed landscaping, determine
appropriate fencing, a hard surface trail link, and suitable locations for recreational
and heritage interpretive features, within the existing right of way of Lookout Lane.
Such design shall take into account the historic importance of the area and propose
a suitable design, including the introduction of distinctive boundary fencing.
b)
Such plans shall be approved by the City's Manager of Design, Heritage and
Environment and Department of Parks and Recreation, in consultation with the
General Manager of Public Works and reviewed by the Neighbourhood Association
Executive and shall include a detailed implementation program.
c)
The Subdivider agrees to provide a Letter of Credit for 100% of the total cost of
implementing the walkway design in this location, in a form satisfactory to the City
Solicitor, and to the satisfaction of the City's Manager of Design, Heritage and
Environment and Department of Parks and Recreation, prior to the release of this
Plan, to be held as security for the completion of the work required herein.
d)
The Subdivider agrees to implement the approved design plan to the satisfaction of
the City's General Manager of Parks and Recreation within two years from the
registration of this plan.
67.
In conjunction with Condition 66 above, the Subdivider agrees that fencing shall only be
permitted in accordance with the approved design plan guidelines, for Lots 46-56. Any
variation to this approved plan shall only be in permitted if approved in writing by the City's
Manager of Design, Heritage and Environment. The Subdivider further agrees to notify all
prospective purchasers of such lots in Agreements of Purchase and Sale that a design plan
has been prepared and any fencing shall be subject to conformity with the design details.
This condition shall remain on title in perpetuity. The Subdivider further agrees to notify all
prospective purchasers of such lots in Agreements of Purchase and Sale that the fencing
constructed by the developer within the Lookout Lane right-of-way must not be obstructed
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or modified in any way through the addition of individual fencing or planting unless
otherwise approved by the City's Manager of Design, Heritage and Environment.
68.
Prior the registration of the Plan, the Subdivider agrees to prepare and obtain approval of a
plan showing the detailed engineering design of that section of Joseph Schoerg Crescent
from Block 59 to the easterly limit of Lot 3. Such plan shall provide for modified municipal
standards within a 16.0 metre right-of-way, including modified curbs, landscaping, lighting,
surface treatment and a sidewalk of suitable construction material abutting or extending
through these blocks. Such plan shall be approved and implemented to the satisfaction of
the City's General Manager of Public Works in consultation with the City's Manager of
Community Planning and Development Review.
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
5. (Cont'd)
69.
That satisfactory arrangements be made for the implementation of any required noise
mitigating measures relative to the Pioneer Sportsman Club use, to the satisfaction of the
Regional Municipality of Waterloo, prior to the registration of any stage of the subdivision
plan.
70.
The subdivider shall include a warning clause in all Offers to Purchase and Sale
Agreements respecting all lots in this Plan advising prospective purchasers of their
proximity to the Pioneer Sportsman Club, a gun club, which may interfere with the
enjoyment of property.
71.
The registration and development of this Plan can only occur consecutively with or
following the registration and development of Stage 9 of Plan of Subdivision 30T-94009.
Notwithstanding any bonding arrangements, no building permits shall be issued in this plan
until Terrace Wood Crescent in Plan of Subdivision 30T-94009 and the temporary road on
Lot 50 in this plan are constructed and all are open to vehicular traffic, to the satisfaction of
the General Manager of Public Works.
a) In this regard, the Subdivider shall convey Lot 50 to the City, without cost and free of
encumbrance until such time as Jacob Gingrich Drive is extended to Deer Ridge Drive
through the lands to the east, and open to vehicular traffic, when the temporary emergency
access is no longer required. At this time, the City acknowledges that the lots will be
surplus to its needs and agrees to reconvey Lot 50 in this Plan to the subdivider without
cost.
72.
In the event the registration of Stage 9 of Plan of Subdivision 30T-94009 has not occurred
prior to the proposed development in this plan, the Subdivider shall arrange for the granting
of required easements for the extension of Municipal services and the conveyance of lands
required for municipal roads as set out in Condition 71 above.
73.
To convey to the City of Kitchener Blocks 61,62 and 63 as 0.3 metre reserves at no cost
and free of encumbrance, concurrently with the registration of the subdivision plan, to be
reconveyed following the registration of a plan of subdivision for lands to the east, under
application 30T-96004.
74.
Prior to any demolition, grading, release of the Plan for registration or other disturbance
with may impact the heritage resources identified in the Heritage Impact Assessment, the
recommendations of the Heritage Impact Assessment, as approved, shall be fulfilled by the
Subdivider to the satisfaction of the Assistant General Manager of the Department of
Planning and Development.
75.
Prior to the registration of the Plan, the Subdivider shall make satisfactory arrangements
with the City's solicitor for the registration of a heritage easement over Lot 1 immediately
following the registration of the plan, which shall be approved by City Council and prepared
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to the satisfaction of the City's Assistant General Manager Planning and Development and
the City's solicitor.
76.
Prior to the registration of the Plan, the Subdivider shall make satisfactory arrangements
with the City's General Manager of Parks and Recreation and Manager of Design, Heritage
and Environment for the removal of the barn on Block 58, save and except for the stone
foundation, which shall be retained to the satisfaction of the City's Manager of Design,
Heritage and Environment and General Manager of Parks and Recreation. Such
arrangements may include the deferral of the removal of the barn to a later date.
77.
It is acknowledged that in accordance with the results of the odour analysis conducted by
Ortech Corporation dated July 19, 1996 and the addendum dated September 12, 1996 the
Subdivider agrees to include suitable odour abatement measures in the development of the
lands, as set out in Conditions 78 and 79.
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
5. (Cont'd)
78.
The Subdivider shall include the following clause in all Agreements of Purchase and Sale
and/or Rental respecting all lots within this Plan:
"Due to its proximity of the Kitchener Wastewater Treatment Plant, projected odour
levels on this property may occasionally cause concern to some individuals."
79.
In addition to those requirements of Condition 78, the Subdivider shall also install a central
air condition system in each residential unit constructed on Lots 11 to 15, 34 and 45 to 56
inclusive and add the following additional clause to all Agreements of Purchase and Sale
and/or Rental respecting such lots:
"Moreover, this dwelling has been fitted with a central air conditioning system for the
purpose of attenuating occasional odour."
80.
In the event the cost of the intersection design, improvements and signalization set out in
Condition 61 and the sanitary sewage pumping station and forcemain, including the land
required to be purchased for the sewage works, as set out in Condition 81 are not included
as growth related items in City's or Region's Development Charge By-laws prior to such
works being constructed/installed, the Subdivider acknowledges that land, engineering
design and construction costs for these works shall be shared with the owners of the
following lands:
* Krizsanderson Developments Ltd. - all lands within Draft Plan of Subdivision 30T-94009
* Maple Manor Ltd. - all lands within Draft Plan of Subdivision 30T-94017
* JHS Properties Inc. - all lands within Draft Plan of Subdivision 30T-94009
* 346874 Ontario Ltd. -all lands within Draft Plan of Subdivision 30T-95016
* JHS for Pincott - all lands within Draft Plan of Subdivision 30T-96006
* GRCA - (legally described as Part Lot 12, Beasley's Broken Front Concession)
* Reid - (legally described as Part Lot 12, Beasley's Broken Front Concession)
Costs related to the above noted works shall be apportioned on the basis of the
proportionate number of units within each of the land holdings to the total number of units
permitted in the Zoning By-law within the specified lands. Construction costs shall be based
on the actual tendered cost of the works. Land costs shall be based on actual purchase
price.
In order to facilitate the sharing of expenses for the works specified above, the plan of
subdivision will not be released for registration until such time as the Subdivider has
satisfied the City's General Manager of Planning and Development that arrangements have
been made between those owners set out above for the payment of their share of the costs.
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Cost sharing shall not be required if the work proceeds before the final determination of
whether the works will be included in the revised Development Charge By-law(s).
81.
The Subdivider acknowledges that the community trail within the sections of Pioneer Tower
Road and Lookout Lane to be closed, as well as the "sanitary sewage facilities" for Pioneer
Tower West, which shall mean the sanitary pumping station, forcemain and related
appurtenances, are not included in the City's Development Charge By-law and that if they
wish to proceed before the City's Development Charge By-law has been amended to
include the community trail and these works, the cost of the trail and sanitary sewage
facilities shall be at the sole cost of the Subdivider and without any there shall be no
consideration of any credit from Development Charges payable at the time of plan
registration or building permit issuance.
In the event that City Council or the Ontario Municipal Board approve amendments to the
City's Development Charges By-law to include the costs of the community trail and
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
(Cont'd)
sanitary sewage facilities for Pioneer Tower West as eligible growth items, and if sufficient
money is not allocated from the City's Development Charge Account to permit the City to
fund said facilities, and the Subdivider wishes to proceed ahead of such allocation, the
Subdivider agrees to be responsible for up-fronting the costs related to these services.
In this regard, the City will be responsible for 100% of the cost of the sanitary sewage
facilities. Accordingly, the City hereby agrees to recognize any money paid by the
Subdivider for any work or services which would normally be assessed against City's
Development Charge reserve, with such monies representing a credit towards any City
Development Charge required for development within each lot or block. The offset will be
made by the City only as a credit with respect to monies required to be paid for
Development Charges for development within the plan. Said offsets shall be charged
initially against that portion of the applicable Development Charge with respect to
Engineering Services required to be paid prior to the City's release of the Plan of
Subdivision for registration. Any remaining offset will be credited against that portion of the
applicable Development Charges which is required to be paid at the time of issuance of
building permits. In this regard, 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 outlining the aforementioned, with the offset to be
registered against title of each specified lot or block, prior to the registration of the plan.
Upon the total of the offset reaching the amount of monies properly paid by the Subdivider
for the specified work, then the Development Charges will be paid in the normal manner in
accordance with the City's By-law in that regard.
82.
That 346874 Ontario Ltd. will provide the City of Kitchener and/or the Grand River
Conservation Authority the Right of First Refusal for Lot 1 if at any time Lot 1 becomes
available for sale. Upon receiving a bona fide offer, 346874 Ontario Ltd. will give the said
Parties (30) working days to match the offer.
It is the opinion of this Committee that the approval of this application is proper planning for
the City.
That Council grant relief to the street width policy which would requiring crescents having
more than 60 units take access from it to have a width of 18, 0 metres, so that Joseph
Schoerg Crescent may be constructed to be 16.0 metres in width to preserve the character
of the area.
That Council acquire Block 57 at fair market value.
(As Amended).
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That Council recommend the approval of Plan of Subdivision Application 30T-94009 and Zone
Change Application 94/17/P/JG (J.H.S. Properties Ltd.) in accordance with the detailed
recommendations set out below:
That Zone Change Application ZC 94/17/P/JG (JHS Properties Inc. ) requesting to change
the zoning from Agricultural (Twp A) according to By-law 878-A to Residential Three Zone
(R-3) with special use provision 235 and special regulation provision 230, Residential
Three Zone (R-3) with special use provision 235 and special regulation provision 243,
Residential Three Zone (R-3) with special use provision 235 and special regulation
provisions 1 and 230, Residential Six Zone (R-6) with special regulation use provisions 1
and 240, Public Park Zone (P-l), Open Space Zone (P-2), Hazard Land Zone (P-3), Golf
Course Zone (P-4) with special regulation 246, all of which is subject to special regulation
provision 260, on lands legally described as Part of Lots 11 and 12, be approved in the
form shown in the attached "Proposed By-law", dated revised November 21, 1996, without
conditions
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
6. (Cont'd)
It is the opinion of this Committee that the approval of this application is proper planning for
the City and is in conformity with a recommended amendment to the City's Municipal Plan.
That Subdivision Application 30T-94009 (JHS Properties Inc.) be recommended to the
Ontario Municipal Board 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 covenants and agrees:
50.
That the final plans for registration purposes shall be prepared in accordance with the
attached Plan of Subdivision dated revised November 28, 1996, provided that minor
changes to said plan, acceptable to the General Manager of Planning and Development
and not affecting the numbering of lots or blocks may be permitted without an amendment
to this agreement.
51.
That prior to any grading or construction on site or registration of any stage of the Plan, a
Grading Control Plan be approved by the City's General Manager of Public Works in
consultation with the City's General Manager of the Department of Parks and Recreation
and the Grand River Conservation Authority.
52.
a)
That prior to any grading or construction on site or registration of the Plan, a detailed
design for storm water management shall be prepared in accordance with the
approved recommendations of the Hydrogeological report prepared by Paragon
Engineering (August, 1995), and in accordance with the approved concept plan, and
submitted for the approval of the City's General Manager of Public Works in
consultation with the City's General Manager of Parks and Recreation and the
Grand River Conservation Authority. The Subdivider further agrees to implement all
required measures as outlined in the approved final design.
b)
Stormwater management pond number three, which will be constructed on lands
owned by the City of Kitchener shall jointly serve this subdivision and that of Plan of
Subdivision 30T-95016. Engineering design, landscaping and construction costs will
be shared on a contributing volume basis with each owner. Construction costs shall
relate to the costs to implement the ultimate storm water management design and
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shall be based on the actual tendered cost.
c)
In order to facilitate the ultimate development and sharing of expenses of the storm
water management facility, the Subdivider agrees to submit a Letter of Credit to the
City Solicitor for its fair share of the cost of the storm water management facility, to
the satisfaction of the City's General Manager of a Public Works prior to the
commencement of any servicing within Stage 9 of this Plan of Subdivision. At such
time as the ultimate storm water management facility has been constructed and
accepted by the City's General Manager of Public Works and a letter has been
submitted to the said General Manager, indicating full payment has been made for
the cost sharing of the storm water management facility in accordance with b)
above, the City agrees to release the Letter of Credit to the Subdivider.
d)
Stormwater Management Pond Number Four, which will be constructed on lands
owned by the Grand River Conservation Authority shall jointly serve this subdivision
and that of the future development of the Grand River Conservation Authority lands.
Land, engineering design, landscaping and construction costs will be shared on a
contributing volume basis with each owner. Construction costs shall relate to
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
6. (Cont'd)
the costs to implement the ultimate storm water management design and shall be
based on the actual tendered cost.
e)
In order to facilitate the ultimate development and sharing of expenses of the storm
water management facility, the Subdivider agrees to submit a Letter of Credit to the
City Solicitor for its fair share of the cost of the storm water management facility, to
the satisfaction of the City's General Manager of a Public Works prior to the
commencement of any servicing within this plan of Subdivision. At such time as the
ultimate storm water management facility has been constructed and accepted by the
City's General Manager of Public Works and a letter has been submitted to the said
General Manager, indicating full payment has been made for the cost sharing of the
storm water management facility in accordance with b) above, the City agrees to
release the Letter of Credit to the Subdivider.
f)
The Subdivider acknowledges that if development of the Grand River Conservation
Authority lands to the west are not proceeding at the time the Letters of Credit for the
development of this Plan are submitted to the City, that the entire cost of the facility
outlined in d) above shall be guaranteed by this Subdivider and the City shall not be
responsible for recovering any costs from the developer of the GRCA lands.
53.
That landscape plans of the stormwater management facilities be approved by the manager
of Community Arenas, Athletics, Design and Development prior to the registration of the
appropriate stages of the Plan of Subdivision. All landscaping of areas above the 5 year
storm level shall be installed at the Subdivider's cost, in accordance with the approved plan,
during the first planting season after occupancy of the first unit. The remainder of the
planting shall commence at such time as required by the Manager of Community Arenas,
Athletics Design and Development. The Subdivider shall maintain the planting for a prior of
one year from the completion of final planting. Landscape plans are to be prepared by an
Environmental Professional acceptable to the City.
54.
Prior to the Department of Public Works accepting the storm water management pond as
shown on the approved landscape plan, the Subdivider agrees to erect one or more
information signs at a public access point(s) detailing the purpose of the pond, phone
number for further information and any other relevant information, to be approved by the
Manager of Community Arenas, Athletics, Design and Development, all at the cost of the
Subdivider.
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55.
REPORTS ADOPTED BY COUNCIL
The Subdivider agrees in consideration of the wooded character of the subdivision lands
and the City's desire to minimize the impact of development on treed areas worth retaining,
to comply with the following process in the development of the subdivision in accordance
with the City's approved Tree Management Policy:
a)
prior to the City releasing any stage of the Subdivision Plan for registration, the
Subdivider shall submit the detailed vegetation plan for the approval of the City's
Manager of Design, Heritage and Environment.
b)
that no area/rough grading shall occur on the lands until such time as all approved
measures for protection of isolated trees, tree clusters and woodlands affected by
such grading have been satisfactorily implemented, and inspected by the City and
the Subdivider has received a written authorization from the City's General Manager
of Public Works to proceed with said grading.
c)
to implement and be responsible for providing all information contained in the
approved detailed vegetation plan, tree preservation/enhancement plan (if
applicable), to all of its heirs, executors, administrators, successors and assigns in
order to ensure that the requirements outlined in said plan(s) are carried out as
specified.
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
6. (Cont'd)
d)
a tree preservation/enhancement plan will be required prior to applying for or having
issued any building permits for those lots or blocks which are subject to site plan
approval under Section 41 of The Planning Act, corner lots where site service
locations and building type have not been predetermined, interior lots having street
frontage greater than 13.7 metres, proposed buildings that are located deeper on
the lot than approved on the detailed vegetation plan and/or on which the revised
grading will have an adverse effect on the detailed vegetation plan.
e)
in the event of construction causing minor tree damage, remedial measures such as
trimming, dressing or bark doctoring shall be implemented at the Subdivider's cost
and as directed by the Subdivider's Environmental Consultant who prepared the
approved plan. In cases where major irreparable tree damage is done, liability is
questionable, or the tree is judged to be unsafe, in the opinion of the Subdivider's
Environmental Consultant and/or the City, each such tree shall be removed and
replaced with at least one tree of equal value based on the tree value formula as set
out in "Guide for Plan Appraisal" of the International Society of Arboriculture, latest
edition. Tree replacements are to be located on the same lot or block as the tree
requiring removal or to a location within the subdivision requiring enhancement.
Furthermore, such remedial measures or tree replacements shall be approved by
the City's Manager of Design, Heritage and Environment and shall be satisfactorily
implemented prior to occupancy of the units or, due to weather conditions, by the
next planting season.
56.
That the 5% parkland dedication required for the Plan of Subdivision shall be satisfied by
the dedication of Block 8 (Stage 6), Block 9 (Stage 8), Block 8 (Stage 8), to the City of
Kitchener without cost and free of encumbrance.
57.
The Subdivider acknowledges that the community trail within the sections of Pioneer Tower
Road and Lookout Lane to be closed, as well as the "sanitary sewage facilities" for Pioneer
Tower West, which shall mean sanitary pumping station, forcemain and related
appurtenances, are not included in the City's Development Charge By-law and that if it
wishes to proceed before the City's Development Charge By-law has been amended to
include these works, the cost of the community trail and sanitary sewage facilities shall be
at the sole cost of the Subdivider and without any there shall be no consideration of any
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credit from Development Charges payable at the time of plan registration or building permit
issuance.
In the event that City Council or the Ontario Municipal Board approve amendments to the
City's Development Charges By-law to include the costs of the community trail as well as
the sanitary sewage facilities for Pioneer Tower West as eligible growth items, and if
sufficient money is not allocated from the City's Development Charge Account to permit the
City to fund said facilities, and the Subdivider wishes to proceed ahead of such allocation,
the Subdivider agrees to be responsible for up-fronting the costs related to these services.
In this regard, the City will be responsible for 100% of the cost of the community trail and
the sanitary sewage facilities. Accordingly, the City hereby agrees to recognize any money
paid by the Subdivider for any work or services which would normally be assessed against
City's Development Charge reserve, with such monies representing a credit towards any
City Development Charge required for development within each lot or block. The offset will
be made by the City only as a credit with respect to monies required to be paid for
Development Charges for development within the plan. Said offsets shall be charged
initially against that portion of the applicable Development Charge with respect to
Engineering Services required to be paid prior to the City's release of the Plan of
Subdivision for registration. Any remaining offset will be credited against that portion of the
applicable Development Charges which is required to be paid at the time of issuance of
building permits. In this regard, the Subdivider shall provide to the City, a list of those
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
6. (Cont'd)
lots or blocks to which credit will be assigned and the Subdivider shall enter into a
Supplementary Agreement with the City outlining the aforementioned, with the offset to be
registered against title of each specified lot or block, prior to the registration of the plan.
The same approach shall be repeated for the registration of each Stage, with any
outstanding offset balance remaining within the lands for any future credit upon additional
development after the entire plan has been registered and all permits issued not being paid
in actual monies by the City.
Upon the total of the offset reaching the amount of monies properly paid by the Subdivider
for the specified work, then the Development Charges will be paid in the normal manner in
accordance with the City's By-law in that regard.
58.
To fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod
Block 10 (Stage 6), Block 11 (Stage 7) and Blocks 8 and 9 (Stage 8), to the satisfaction of
the General Manager of Parks and Recreation. All works required of the Subdivider by this
Section shall be completed in conjunction with the timing of grading of surrounding
residential development not to exceed two years from the registration of the applicable
subdivision stage or at any alternate time approved in writing by the General Manager of
Parks and Recreation.
59.
That the division of any Lots or Blocks by Part Lot Control shall be subject to compliance
with the following requirements:
i)
To obtain approval from the General Manager of Public Works of plans for each lot
or block illustrating lotting, service connections, street utility hardware and proposed
grades.
ii)
To submit a Draft Reference Plan with respect to the division of lots or blocks having
a lotting pattern in conformity with the approved engineering drawings and showing
all required maintenance easements and eave encroachments if the blocks are
proposed for zero sideyard housing, and obtain approval of the Draft Reference
Plan from the Director of Building, Zoning and Inspections prior to the Part Lot
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60.
61.
REPORTS ADOPTED BY COUNCIL
Control Exemption By-law being presented to Council.
approval of a Part Lot Control Exemption By-law.
Further, to receive final
iii)
That the draft Reference Plan approved above shall be deposited in accordance
with the Land Registry Act and three copies submitted to the Director of Building,
Zoning and Inspections. No building permits shall be issued until the City is in
receipt of such plans and provided such lots are in compliance with the approved
Reference Plan.
iv)
Any further division of lands to create additional building parcels shall require the
submission of subsequent Reference Plans to be approved in accordance with
steps ii) and iii) as set out above with the exception of the passing of another Part
Lot Control Exemption By-law.
Building permits for those lots required for a temporary turning circle as a result of staging
of a plan shall not be available until the need for the temporary turning circle is no longer
required, as determined by the General Manager of Public Works.
To construct 1.5 metre concrete sidewalks along both sides of all the streets in the plan of
subdivision, to the satisfaction of the City's General Manager of Public Works, with the
following exceptions:
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
6. (Cont'd)
i)
Joseph Schoerg Crescent which shall only require a sidewalk on the westerly side,
and Fall Harvest Drive from Pioneer Tower Road (new) to the Walk Block 14 (Stage
12), which shall only require a sidewalk on the westerly side.
ii)
Deer Ridge Crescent, Deer Ridge Court and Fall Harvest Court, for which no
sidewalks shall be required.
62.
That construction traffic to and from the proposed subdivision development shall be
restricted to accessing the subdivision only from Deer Ridge Drive. 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
63.
That 0.3 metre reserves may be required to facilitate the staging of the plan and all 0.3
metre reserves shall be shown on the final plan(s) for registration. The City shall be
responsible for the passing of a by-law opening said reserves as "public highway" following
the registration of subsequent stages of the plan and the completion of the road works, and
the opening of the road to vehicular traffic, to the satisfaction of the City's General Manager
of Public Works.
64.
That the names of the streets within the Plan shall be those shown on the Plan of
Subdivision.
65.
That all road widenings and public walkways be dedicated to the City upon the registration
of each stage of the plan of subdivision.
66.
That satisfactory arrangements be made for the implementation of any required noise
mitigating measures relative to the Pioneer Sportsmen Club use, to the satisfaction of the
Regional Municipality of Waterloo or Ministry of Environment and Energy, prior to the
registration of any stage of the subdivision plan.
67. The subdivider shall include a warning clause in all Offers to Purchase and Sale
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68.
69.
70.
REPORTS ADOPTED BY COUNCIL
Agreements respecting all lots in this Plan advising prospective purchasers of their
proximity to the Pioneer Sportsmen Club, a gun club, which may interfere with the
enjoyment of property.
It is acknowledged that in accordance with the odour analysis conducted by Ortech
Corporation dated July 19, 1996 and the addendum dated September 12, 1996, the
Subdivider agrees to include suitable odour abatement measures in the development of the
lands, as set out in Conditions 69 and 70.
The Subdivider shall include the following clause in all Agreements of Purchase and Sale
and/or Rental respecting all Blocks in Stages 6, 7, 8 and 9 and Blocks 3, 4, 5, 6, 7, 12 and
13 of Stage 12 of this Plan:
"Due to its proximity of the Kitchener Wastewater Treatment Plant, projected odour
levels on this property may occasionally cause concern to some individuals."
In addition to those requirements of Condition 69, the Subdivider shall also install a central
air condition system in each residential unit constructed in Blocks 1-7 (Stage 8) and Blocks
1, 2 and 5 (Stage 9) and add the following additional clause to all Agreements of Purchase
and Sale and/or Rental respecting such Blocks:
"Moreover, this dwelling has been fitted with a central air conditioning system for the
purpose of attenuating occasional odour."
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
6. (Cont'd)
71.
The Subdivider agrees that it shall be responsible, at its cost, for the monitoring of private
shallow and deep wells in the existing developed portions of the Grand Hill Village and
Pinegrove communities. The monitoring of shallow wells is associated with the
construction of deep sections of the sanitary sewer on table land. Monitoring of private
deep wells or new observation wells extending into the deep overburden aquifer will be
required if any dewatering in close proximity to the Grand River is undertaken associated
with the construction of the sewage pumping station or the forcemain across the Grand
River. In this regard, the Subdivider agrees that the detailed requirements of the monitoring
program, the areas of the existing communities in which it shall be undertaken and the
implementation of the program shall be subject to the approval of the Regional Municipality
of Waterloo.
The Subdivider further agrees that in the event the existing water supply to any existing
homes in the identified areas of Grand Hill Village and the Pinegrove Community is
disrupted or cut off as a result of the dewatering required for the construction of deep
sections of the sanitary sewers, the sewage pumping station or the forcemain across the
Grand River, the Subdivider shall provide a new water supply, either temporarily or
permanently as the case may be, to all affected properties to the satisfaction of the Region
and the City's General Manager of Public Works, all at the Subdivider's cost.
The monitoring program, associated with the construction of deep sanitary sewers, shall be
undertaken for a total period of approximately one year, which will include a period of time
both before and after the actual dewatering process. The monitoring program associated
with the construction of the pumping station and the forcemain across the Grand River shall
be undertaken for a period of time shorter than one year. The details of the monitoring
program are to be approved by the Region. In order to ensure that the monitoring program
is maintained for the time period set out by the Region and to further ensure that a
satisfactory water supply is provided to any homes whose water supply may have been
affected as a result of the construction of sanitary sewers or the pumping station, and in
recognition of there being more than one subdivider in the area, the Subdivider agrees to
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REPORTS ADOPTED BY COUNCIL
enter into an agreement with the owners of lands within the following applications for draft
plans of subdivision:
30T-94008 (Krizsanderson Developments Ltd.)
30T-94017 (Maple Manor Ltd.)
30T-94009 (JHS Properties Inc.)
30T-95016 (346874 Ontario Ltd.)
30T-96006 (JHS for James and Barbara Pincott)
Said agreement shall stipulate that the owners of the lands subject to the draft plans of
subdivision listed above, shall be jointly and severally responsible for the undertaking of a
monitoring program; and in the event of evidence of a dry well during the monitoring
periods investigate and report to the extent of a hydrogeologist initial report which
ascertains cause, if possible; and to provide a new water supply, if necessary, and a
provision shall be included acknowledging that said agreement shall be binding on future
subdividers. Said agreement shall be submitted for the review and approval of the City's
Solicitor and shall be registered on title of the lands prior to the grading, servicing or
registration of any stage of the plan of subdivision or the installation of the sanitary sewage
facilities as defined in Condition 58. Further said agreement shall not be released from
title until such time as the monitoring program ~s complete and either no impacts to existing
shallow wells has occurred or a new water supply has been provided to all affected
properties to the satisfaction of the Region and the City.
72.
The Subdivider agrees that no building permits shall be applied for on any lot or block in
any stage of the Plan until satisfactory arrangements are made with the City's Chief
Building Official regarding the installation and maintenance of a direct-to-fire alarm
monitoring system for each and every dwelling to be constructed within this Plan.
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
6. (Cont'd)
Satisfactory arrangements shall be the submission of drawings showing the hardwiring in
each dwelling. Prior to occupancy of each dwelling, the Subdivider shall confirm with the
Chief Building Official that such system is operational. Such system shall remain
operational in perpetuity and this condition shall not be released from title unless and until
the City's Solicitor is notified by the City's Fire Chief that adequate protection is otherwise
provided and the maintenance of the system is no longer mandatory.
73.
That prior to the registration of any stage of the Plan of Subdivision, the Subdivider agrees
to submit a detailed community walkway design plan showing the proposed treatment of
those sections of Pioneer Tower Road and Lookout Lane to be closed to vehicular traffic,
as well as the vista widening/park adjacent to Lookout Lane and Block 15 (Stage 1 ).
a)
The design plan shall include details on proposed landscaping, determine
appropriate fencing, a hard surface trail link, and suitable locations for recreational
and heritage interpretive features, within the existing rights of way of those sections
of road to be closed to vehicular traffic, where applicable.
Such design shall take into account the historic importance of the original Huron
Road and propose a suitable design, including the preservation of as much existing
vegetation abutting Pioneer Tower as is possible and the introduction of distinctive
boundary fencing.
b)
The design plan covering Blocks 8 (Stage 6) and Block 9 (Stage 8) shall also both
include Iow growing vegetation and a trail connection within Block 9 (Stage 8) and
Block 15 (Stage 1 ).
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c)
REPORTS ADOPTED BY COUNCIL
Such plans shall be approved by the City's Manager of Design, Heritage and
Environment and Department of Parks and Recreation, in consultation with the
General Manager of Public Works and reviewed by the Neighbourhood Assocation
Executive and shall include a detailed implementation program.
d)
The Subdivider agrees to provide a Letter of Credit for 100% of the total cost of the
implementation of the walkway design within the right-of-way in a form satisfactory to
the City Solicitor, and to the satisfaction of the City's Manager of Design, Heritage
and Environment and Department of Parks and Recreation, prior to the release of
Stage 1 of this Plan, to be held as security for the completion of the work required
herein.
e)
The Subdivider agrees to implement the approved design plan to the satisfaction of
the City's General Manager of Parks and Recreation within one year from the time of
closure of the last section of Pioneer Tower Road, for such section and two years
from the registration of stage 9 for the implementation within Lookout Lane.
74.
In conjunction with Condition 73 above, the Subdivider agrees that fencing shall only be
permitted in accordance with the approved design plan guidelines, for Blocks 3, 4, 5, 6 and
7 of Stage 1, Block 7 of Stage 6, Blocks 1, 2 and 10 of Stage 7, Block 1 of Stage 10, and
Blocks 5, 7 and 11 of Stage 11 which abut the section of Pioneer Tower Road to be closed,
as well as Blocks 2, 3 and 7 of Stage 6 and Block 3 (Stage 8) along Lookout Lane. Any
variation to this approved plan shall only be in permitted if approved in writing by the City's
Manager of Design, Heritage and Environment. The Subdivider further agrees to notify all
prospective purchasers of such lots in Agreements of Purchase and Sale that a design plan
has been prepared and any fencing shall be subject to conformity with the design details.
This condition shall remain on title in perpetuity.
75.
The Subdivider acknowledges that the development of the Plan of Subdivision may
proceed in thirteen (13) stages.
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
6. (Cont'd)
76.
In the event Fall Harvest Drive and Pioneer Tower road (new) in Stages 11 and 12 are not
open to vehicular traffic at such time as the Subdivider wishes to register any stage other
than Stages 1, 2, 3, 4 or 5 the Subdivider shall construct an alternate second mean of
access which will connect to Pioneer Tower road, as set out below:
a)
Such road may consist of either a temporary access road within Stage 11, prior to
the registration of Stage 11, or, if Stage 11 is registered, Fall Harvest Drive and
Pioneer Tower Road (new) shall be constructed to full municipal standards within
Stage 11, along with a temporary road over Blocks 12 and 13 (Stage 11 ) connecting
the two streets, all to the satisfaction of the City's General Manager of Public Works.
b)
In either case set out in a) above, the Subdivider shall convey any land required for
the rights of way to the City, without cost and free of encumbrance, prior to the
registration of the triggering stage.
c)
The City shall open that section of the temporary road by by-law at a time
determined by the City's Manager of Public Works.
d)
Such temporary roads are required until the roads are constructed and open to
vehicular traffic in their final location in Stages 11 and 12, when the temporary
emergency access will no longer be required. At this time, the City acknowledges
that any lands conveyed for temporary road purposes shall not longer be required
and agrees to reconvey such lands to the subdivider without cost.
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77.
REPORTS ADOPTED BY COUNCIL
In addition to the standard requirements and the general conditions outlined above, special
conditions 78 to 85 shall also apply to Stage 1.
78.
The registration and development of Stage 1 of this Plan must occur immediately
consecutively with the registration of Stage 1 of Plan of Subdivision 30T-94008 and the
completion of Deer Ridge Drive. Notwithstanding any bonding arrangements, no building
permits shall be issued for Stage 1 until full municipal services have been extended through
Stage 1 of Plan of Subdivision 30T-94008 or the contract has been let for such services to
the satisfaction of the City's General Manager of Public Works, and Deer Ridge Drive is
constructed through Plan of Subdivision 30T-94008 to King Street East and is open to
vehicular traffic, to the satisfaction of the City's General Manager of Public Works.
79.
Notwithstanding Condition 78, in the event the registration of Plan of Subdivision 30T-
94008 has not occurred prior to the proposed development of this Plan, the following shall
be required:
a) the Subdivider shall arrange for the conveyance to the City, at no cost and free of
encumbrance, of that portion of Deer Ridge Drive within Plan of Subdivision 30T-94008,
along with 0.3 metre reserves adjacent to such street, prior to the issuance of any building
permits in this Plan.
b) the Subdivider shall be responsible for the full construction of Deer Ridge Drive to its
existing terminus, including any improvements at King Street East, to the satisfaction of the
City's Manager of Public Works. The City shall open that section of Deer Ridge Drive for
public vehicular traffic by by-law at such time at a time determined by the City's General
Manager of Public Works.
80. a) In the event that Stage 1 of this plan is not registered prior to the intended development
of lands to the east (Plan of Subdivision 30T-94008), the Subdivider agrees to grant
easements to the City for municipal services and/or convey lands for roads along the future
rights of way of Deer Ridge Drive and other local streets to service such plan.
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
6. (Cont'd)
b) In the event Stage 9 of this Plan is not registered prior to the intended development of
lands to the south (Plan of Subdivision 30T-95016), the Subdivider agrees to grant
easements to the City for municipal services and/or convey lands for roads along the future
rights of way of local streets to service or provide access for the southerly plan.
81.
Prior to the issuance of any building permits in Stage 1, the Subdivider shall construct a
temporary road over Block 15 (Stage 1) to provide access to the Pioneer Memorial Tower
throughout the development of these lands, to the satisfaction of the City's General
Manager of Public Works. The Subdivider shall subsequently remove the road and
construct the walkway to the satisfaction of the City's General Manager of Parks and
Recreation in accordance with Condition 73 above, at such time as Stage 8 is registered
and Terrace Wood Drive is open to traffic to Deer Ridge Drive.
82.
The Subdivider shall make satisfactory arrangements with the City's General Manager of
Public Works for the staged closure of Pioneer Tower Road to vehicular traffic, with the
registration of each stage of the plan, which shall include Pioneer Tower Road remaining
open as a second means of access as required. That section between Fall Harvest Drive
and Pioneer Tower Road (new) shall be closed to vehicular traffic immediately upon the
construction and opening of such streets.
83.
The Subdivider shall make satisfactory arrangements with the Ministry of Transportation
Ontario or the Regional Municipality of Waterloo, whichever has the jurisdiction for Highway
8, and the City of Kitchener, for all intersection improvements at Deer Ridge Drive/Highway
8, Deer Ridge Drive/Grand Hill Drive, Baxter Place/Highway 8 and Baxter Place/Pioneer
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84.
85.
86.
87.
REPORTS ADOPTED BY COUNCIL
Tower Road prior to the release of any stage of the plan for registration. Such
improvements shall include the construction of dual left turn lanes from Deer Ridge Drive
northbound onto Highway 8, the installation of traffic signals at the Deer Ridge Drive/King
Street East intersection, the construction of a sidewalk along the northerly side of Deer
Ridge Drive to Highway 8, and any appropriate design improvements at the Deer Ridge
Drive and Grand Hill Drive intersection which will assist in traffic flow, including safe left
turns. Such improvements shall be undertaken at a timing in accordance with the
intersection improvement staging plan approved by the Region in consultation with the
affected neighbourhood associations.
That prior to the registration of Stage 1, the Subdivider shall make arrangements for the
land required for the proposed pumping station and stormwater management pond # 4 to
be conveyed to the City, along with the granting of required easements, all at no cost and
free of encumbrance, to the satisfaction of the City's General Manager of Public Works.
That immediately consecutively with the registration of Stage 1, the Subdivider shall
consolidate Block 16 (Stage 1) with the abutting golf course lands to the north, described
as Part Lot 11, Beasely's Broken Front Concession, and hold both in identical ownership.
In addition to the standard requirements and the general conditions outlined above, special
conditions 87 to 90 shall also apply to Stage 2.
In the event the cost of the intersection design, improvements and signalization set out in
Condition 83 and the sanitary sewage pumping station and forcemain, including the land
required to be purchased for the sewage works, as set out in Condition 57 are not included
as growth related items in City's or Region's Development Charge By-laws prior to such
works being constructed/installed, the Subdivider acknowledges that land, engineering
design and construction costs for these works shall be shared with the owners of the
following lands:
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
6. (Cont'd)
* Krizsanderson Developments Ltd. - all lands within Draft Plan of Subdivision 30%94009
* Maple Manor Ltd. - all lands within Draft Plan of Subdivision 30%94017
* JHS Properties Inc. - all lands within Draft Plan of Subdivision 30%94009
* 346874 Ontario Ltd. -all lands within Draft Plan of Subdivision 30%95016
* JHS for Pincott - all lands within Draft Plan of Subdivision 30%96006
* GRCA - (legally described as Part Lot 12, Beasley's Broken Front Concession)
* Reid - (legally described as Part Lot 12, Beasley's Broken Front Concession)
Costs related to the above noted works shall be apportioned on the basis of the
proportionate number of units within each of the land holdings to the total number of units
permitted in the Zoning By-law within the specified lands. Construction costs shall be based
on the actual tendered cost of the works. Land costs shall be based on actual purchase
price.
In order to facilitate the sharing of expenses for the works specified above, the plan of
subdivision will not be released for registration until such time as the Subdivider has
satisfied the City's General Manager of Planning and Development that arrangements have
been made between those owners set out above for the payment of their share of the costs.
Cost sharing shall not be required if the work proceeds before the final determination of
whether the works will be included in the revised Development Charge By-law(s).
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88.
89.
90.
91.
92.
93.
94.
REPORTS ADOPTED BY COUNCIL
That Stage 2 shall register consecutively with or following the registration of Stage 1.
That concurrently with the registration of Stage 2, the disjunct block of Environmentally
Sensitive Policy Area (ESPA) 73 located within Block 1 (Stage 2), a conservation easement
shall be registered over the ESPA in favour of the Regional Municipality of Waterloo.
That the Subdivider agrees that any future site plan for Block 1 (Stage 2) shall provide for a
stable top-of-bank setback and ecological buffer adjacent to the disjunct portion of
Environmentally Sensitive Policy Area No. 73, to the satisfaction of the Regional
Commissioner of Planning and Culture.
That prior to the commencement of any grading or construction on Block 2 (Stage 2), the
Subdivider shall:
a)
prepare a vegetation management plan for the disjunct portion of Environmentally
Sensitive Policy Area No. 73 to the satisfaction of the Regional Commissioner of
Planning and Culture and the City's Manager of Design, Heritage and Environment;
and,
b)
install a paige wire fence, a minimum of one metre outside the dripline of
Environmentally sensitive Policy Area No. 73 within Block 1 (Stage 20 to the
satisfaction of the Regional Commissioner of Planning and Culture and the City's
Manager of Design, Heritage and Environment.
In addition to the standard requirements and the general conditions outlined above, special
conditions 92 to 94 shall apply to Stage 3.
That Stage 3 shall register consecutively with or following the registration of Stage 1.
In addition to the standard requirements and the general conditions outlined above, special
conditions 96 and 97 shall apply to Stage 4.
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
6. (Cont'd)
95. That Stage 4 shall register consecutively with or following the registration of Stage 1.
96.
To convey to the City of Kitchener Block 5 (Stage 4) for a drainage corridor at no cost and
free of encumbrance, concurrently with the registration of Stage 4 of the subdivision plan.
97.
In addition to the standard requirements and the general conditions outlined above, special
conditions 99 to 101 shall also apply to Stages 5A and 5B.
98.
That Stage 5A shall register consecutively with or following the registration of Stages 1 and
4 and Stage 5B shall register consecutively with or following the registration of Stage 5A.
99.
That immediately consecutively with the registration of Stage 5B, that Block 6 (Stage 5B) be
consolidated with and held in identical ownership as other lands owned by the Grand River
Conservation Authority, described as Part of Lot 12, Beasely's Broken Front Concession.
100.
To convey to the City of Kitchener Block 7 for a drainage corridor concurrently with the
registration of Stage 5B of the subdivision plan and secure an easement in favour of the
City over abutting lands extending to Pioneer Tower Road for the extension of municipal
services, all at no cost and free of encumbrance and to the satisfaction of the City's General
Manager of Public Works.
101. In addition to the standard requirements and the general conditions outlined above, special
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REPORTS ADOPTED BY COUNCIL
conditions 103 and 104 shall also apply to Stage 6.
102. That Stage 6 shall register consecutively with or following the registration of Stage 1.
103. To convey to the City of Kitchener, Block 10 for a vista corridor at no cost and free of
encumbrance, concurrently with the registration of Stage 6 of the subdivision plan.
104. In addition to the standard requirements and the general conditions outlined above, special
conditions 106 to 109 shall also apply to Stage 7.
105. That Stage 7 shall register consecutively with or following the registration of Stages 1 and
6.
106. To convey to the City of Kitchener Block 11 for open space purposes, at no cost and free of
encumbrance, concurrently with the registration of Stage 7 of the subdivision plan.
107.
To convey Block 13 (Stage 7) to the City, without cost and free of encumbrance, for
temporary road purposes until or unless Deer Ridge Drive is completely extended through
the lands to the east, and open to vehicular traffic, when the temporary emergency access
will no longer be required. At this time, the City acknowledges that Block 13 (Stage 7) will
be surplus to its needs and agrees to reconvey Block 13 (Stage 7) to the subdivider without
cost.
108.
That following the registration of Stage 7, that Block 15 (Stage 1) and Lookout Lane shall
be closed to vehicular traffic between the two points of intersection with Deer Ridge Drive,
and converted to a community walkway, in accordance with Condition 73 above.
109. In addition to the standard requirements and the general conditions outlined above, special
conditions 111 to 114 shall also apply to Stage 8.
110. That Stage 8 shall register consecutively with or following the registration of Stage 6.
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
6. (Cont'd)
111. To construct a walkway within Block 10 (Stage 8) to the satisfaction of the City's General
Manager of Public Works.
112.
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 Stage 8 of the
subdivision plan:
a) Block 8 for parkland dedication/hazard lands;
b) Block 9 for vista corridor/park purposes.
113.
To convey Block 12 (Stage 8) to the City at no cost and free of encumbrance, concurrently
with the registration of Stage 8 of the subdivision plan until development plans for abutting
lands to west are approved. If such Block is not required for access purposes for the
abutting lands, the City agrees to reconvey Block 12 (Stage 8) to the Subdivider without
cost.
114. In addition to the standard requirements and the general conditions outlined above, special
conditions 116 to 118 shall also apply to Stage 9.
115. That Stage 9 shall register consecutively with or following the registration of Stage 7.
116. No building permits shall be issued for Stage 9 until the temporary roads are constructed
over Block 13 (Stage 7) and over Blocks 5 and 7 (Stage 9), to the satisfaction of the City's
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General Manager of Public Works.
117.
a)
To convey Blocks 5 and 7 (Stage 9) to the City, without cost and free of
encumbrance, for temporary road purposes until such time as Long View Crescent
is extended to Deer Ridge Drive through the lands to the east, and open to vehicular
traffic, when the temporary emergency access will no longer be required. At this
time, the City acknowledges that Blocks 5 and 7 (Stage 9)) will be surplus to its
needs and agrees to reconvey Blocks 5 and 7 (Stage 9) to the subdivider without
cost.
The Subdivider shall construct and remove the temporary road to the satisfaction of
the City's General Manager of Public Works.
b)
Alternatively, such temporary road is not required if Long View Crescent is extended
to Deer Ridge Drive through lands to the east under Plan of Subdivision 30T-96006,
and open to vehicular traffic, to the satisfaction of the General Manager of Public
Works.
118. In addition to the standard requirements and the general conditions outlined above, special
conditions 120 to 122 shall also apply to Stage 10.
119. That Stage 10 shall register consecutively with or following the registration of Stage 1.
120.
To convey to the City of Kitchener Block 5 (Stage 10) as a 0.3 metre reserve at no cost and
free of encumbrance, concurrently with the registration of Stage 10 of the subdivision plan,
to be reconveyed following the registration of a plan of subdivision for lands to the west.
121.
In the event Plan of Subdivision 30T-96004 to the west of certain stages has not registered
prior to the registration of Stages 10 or 12 , the subdivider shall secure any required
easements over said lands to the City, at no cost and free of encumbrance, for the
provision of the required services, all to the satisfaction of the City's General Manager of
Public Works.
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
6. (Cont'd)
122. In addition to the standard requirements and the general conditions outlined above, special
conditions 124 and 125 shall also apply to Stage 11.
123. That Stage 11 shall register consecutively with or following the registration of Stage 1.
124.
To obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration
to Waterways Permit under Ontario Regulation 69/93 prior to any grading or registration of
Stage 11 the Subdivision Plan.
125. In addition to the standard requirements and the general conditions outlined above, special
conditions 127 to 129 shall also apply to Stage 12.
To obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration
to Waterways Permit under Ontario Regulation 69/93 prior to any grading or registration of
Stage 12 the Subdivision Plan.
126.
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 Stage 12 of the
subdivision plan:
a) Block 6 (Stage 12) for a drainage corridor
b) Block 14 (Stage 12) for services and an emergency access
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127.
Prior to the issuance of any building permits in Stage 12. the Subdivider shall construct a
hard surface emergency access road within Block 14 (Stage 12) and over adjacent lands to
the west (Plan of Subdivision 30T-96004), all to the satisfaction of the City's General
Manager of Public Works.
128.
Prior to the registration of Stage 1 of this Plan, the Subdivider agrees to prepare and obtain
approval of a plan showing the details of the upgrading of that section of existing Pioneer
Tower Road where it abuts the easterly part of this plan. Such plan shall provide for
upgrading to modified municipal standards, including modified curbs, tar and chip surface,
suitable style of lighting fixtures and a sidewalk of suitable construction materials, all within
a 20 metre right-of-way. Such plan shall be approved and implemented to the satisfaction
of the City's General Manager of Public Works in consultation with the City's Manager of
Community Planning and Development Review and reviewed by the Neighbourhood
Association Executive.
It is the opinion of this Committee that the approval of this application is proper planning for
the City.
That Council grant relief to the street width policy regarding width of crescents developed
with more than 60 units, to allow Terrace Wood Crescent south of Longview Crescent to be
16.0 metres in width.
That following the Registration of Plan of Subdivision 30T-94009, Council rename that
section of existing Pioneer Tower Road from Deer Ridge Drive westerly to its terminus to
"Old Pioneer Tower Road".
That Council rename those sections of Pioneer Tower over which the cross street traverse
to "Deer Ridge Drive", "Terrace Wood Drive" and "Fall Harvest Drive" in their respective
locations.
That Council grant relief to the policy establishing a maximum length of cul-de-sac of 150
metres, to allow Deer Ridge Court to be 208 metres in length.
(As Amended)
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
That Council recommend the approval of Plan of Subdivision Application 30T-94017 and Zone
Change Application 94/21/P/JG (Maple Manor Ltd.), in accordance with the detailed
recommendations set out below:
That Zone Change Application ZC 94/21/P/JG (Maple Manor Ltd.) requesting to change the
zoning from Residential (Twp R) according to By-law 878-A to Residential Two Zone (R-2)
with special use provision 233, Open Space Zone (P-2) and Hazard Land Zone (P-3), and
special regulation provision 257, be approved in the form shown in the attached "Proposed
By-law", dated revised November 21, 1996, without conditions.
It is the opinion of this Committee that the approval of this application is proper planning for
the City and is in conformity with a recommended amendment to the City's Municipal Plan.
That Subdivision Application 30T-94017 (Maple Manor Ltd) be recommended to the
Ontario Municipal Board 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.
50. That the final plan for registration purposes shall be prepared in accordance with the
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attached Plan of Subdivision dated September 19, 1996, provided that minor changes to
said plan, acceptable to the General Manager of Planning and Development and not
affecting the numbering of lots or blocks may be permitted without an amendment to this
agreement.
51.
That prior to any grading or construction on site or registration of the Plan, a Grading
Control Plan be approved by the City's General Manager of Public Works in consultation
with the City's General Manager of the Department of Parks and Recreation, and the Grand
River Conservation Authority.
52.
That prior to any grading or construction on site or registration of the Plan, a detailed
design for storm water management shall be prepared in accordance with the approved
recommendations of the Hydrogeological report prepared by Paragon Engineering (August,
1995), and in accordance with the approved concept plan, and submitted for the approval
of the City's General Manager of Public Works in consultation with the City's General
Manager of Parks and Recreation and the Grand River Conservation Authority. The
Subdivider further agrees to implement all required measures as outlined in the approved
final design.
53.
That a landscape plan of the stormwater management facility be approved by the Manager
of Community Arenas, Athletics, Design and Development prior to the registration of the
Plan of Subdivision. All landscaping of areas above the 5 year storm level shall be installed
at the Subdivider's cost, in accordance with the approved plan, during the first planting
season after occupancy of the first unit. The remainder of the planting shall commence at
such time as required by the Manager of Community Arenas, Athletics, Design and
Development. The Subdivider shall maintain the planting for a period of one year from the
completion of final planting. Landscape plans are to be prepared by an Environmental
Professional acceptable to the City.
54.
Prior to the Department of Public Works accepting the storm water management pond as
shown on the approved landscape plan, the Subdivider agrees to erect one or more
information signs at a public access point(s) detailing the purpose of the pond, phone
number for further information and any other relevant information, to be approved by the
Manager of Community Arenas, Athletics, Design and Development, all at the cost of the
Subdivider.
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
7. (Cont'd)
55.
The Subdivider agrees that in consideration of the wooded character of the subdivision
lands and the City's desire to minimize the impact of development on treed areas worth
retaining, to comply with the following process in the development of the subdivision in
accordance with the City's approved Tree Management Policy:
a)
prior to the City releasing the Subdivision Plan for registration, the Subdivider shall
submit the detailed vegetation plan for the approval of the City's Manager of Design,
Heritage and Environment.
b)
that no area/rough grading shall occur on the lands until such time as all approved
measures for protection of isolated trees, tree clusters and woodlands affected by
such grading have been satisfactorily implemented, and inspected by the City and
the Subdivider has received a written authorization from the City's General Manager
of Public Works to proceed with said grading.
c)
to implement and be responsible for providing all information contained in the
approved detailed vegetation plan, tree preservation/enhancement plan (if
applicable), to all of its heirs, executors, administrators, successors and assigns in
order to ensure that the requirements outlined in said plan(s) are carried out as
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56.
57.
specified.
REPORTS ADOPTED BY COUNCIL
d)
a tree preservation/enhancement plan will be required prior to applying for or having
issued any building permits for those lots or blocks which are subject to site plan
approval under Section 41 of The Planning Act, corner lots where site service
locations and building type have not been predetermined, interior lots having street
frontage greater than 13.7 metres, proposed buildings that are located deeper on
the lot than approved on the detailed vegetation plan and/or on which the revised
grading will have an adverse effect on the detailed vegetation plan.
e)
in the event of construction causing minor tree damage, remedial measures such as
trimming, dressing or bark doctoring shall be implemented at the Subdivider's cost
and as directed by the Subdivider's Environmental Consultant who prepared the
approved plan. In cases where major irreparable tree damage is done, liability is
questionable, or the tree is judged to be unsafe, in the opinion of the Subdivider's
Environmental Consultant and/or the City, each such tree shall be removed and
replaced with at least one tree of equal value based on the tree value formula as set
out in "Guide for Plan Appraisal" of the International Society of Arboriculture, latest
edition. Tree replacements are to be located on the same lot or block as the tree
requiring removal or to a location within the subdivision requiring enhancement.
Furthermore, such remedial measures or tree replacements shall be approved by
the City's Manager of Design, Heritage and Environment and shall be satisfactorily
implemented prior to occupancy of the units or, due to weather conditions, by the
next planting season.
That the 5% parkland dedication required for the plan of subdivision shall be satisfied by
the payment of the equivalent of 0.26 hectares of land, with the value being determined as
of the day before the day of draft approval of the Plan.
That construction traffic to and from the proposed subdivision development may access the
subdivision from Deer Ridge Drive or Pioneer Tower Road/Baxter Place. 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.
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
7. (Cont'd)
58.
The Subdivider shall make satisfactory arrangements with the Ministry of Transportation
Ontario or the Regional Municipality of Waterloo, whichever has the jurisdiction for Highway
8, and the City of Kitchener, for all intersection improvements at Deer Ridge Drive/Highway
8, Deer Ridge Drive/Grand Hill Drive, Baxter Place/Highway 8 and Baxter Place/Pioneer
Tower Road prior to the release of any stage of the plan for registration. Such
improvements shall include the construction of dual left turn lanes from Deer Ridge Drive
northbound onto Highway 8, the installation of traffic signals at the Deer Ridge Drive/King
Street East intersection, the construction of a sidewalk along the northerly side of Deer
Ridge Drive to Highway 8, and any appropriate design improvements at the Deer Ridge
Drive and Grand Hill Drive intersection which will assist in traffic flow, including safe left
turns. Such improvements shall be undertaken at a timing in accordance with the
"intersection improvement staging plan" approved by the Region in consultation with the
affected neighbourhood associations.
59.
The Subdivider acknowledges that the "sanitary sewage facilities" for Pioneer Tower West,
which shall mean the sanitary pumping station, forcemain and related appurtenances, are
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not included in the City's Development Charge By-law and that if they wish to proceed
before the City's Development Charge By-law has been amended to include these works,
the cost of the sanitary sewage facilities shall be at the sole cost of the Subdivider and
without any there shall be no consideration of any credit from Development Charges
payable at the time of plan registration or building permit issuance.
In the event that City Council or the Ontario Municipal Board approve amendments to the
City's Development Charges By-law to include the costs of the sanitary sewage facilities for
Pioneer Tower West as eligible growth items, and if sufficient money is not allocated from
the City's Development Charge Account to permit the City to fund said facilities, and the
Subdivider wishes to proceed ahead of such allocation, the Subdivider agrees to be
responsible for up-fronting the costs related to these services.
In this regard, the City will be responsible for 100% of the cost of the sanitary sewage
facilities. Accordingly, the City hereby agrees to recognize any money paid by the
Subdivider for any work or services which would normally be assessed against City's
Development Charge reserve, with such monies representing a credit towards any City
Development Charge required for development within each lot or block. The offset will be
made by the City only as a credit with respect to monies required to be paid for
Development Charges for development within the plan. Said offsets shall be charged
initially against that portion of the applicable Development Charge with respect to
Engineering Services required to be paid prior to the City's release of the Plan of
Subdivision for registration. Any remaining offset will be credited against that portion of the
applicable Development Charges which is required to be paid at the time of issuance of
building permits. In this regard, 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 outlining the aforementioned, with the offset to be
registered against title of each specified lot or block, prior to the registration of the plan.
Upon the total of the offset reaching the amount of monies properly paid by the Subdivider
for the specified work, then the Development Charges will be paid in the normal manner in
accordance with the City's By-law in that regard.
60. Prior the registration of the Plan, the Subdivider agrees to prepare and obtain approval of a
plan showing details of the upgrading of that section of existing Pioneer Tower Road as it
abuts this plan. Such plan shall provide for upgrading to modified municipal standards,
including modified curbs, tar and chip surface, suitable style of lighting fixtures and a
sidewalk of suitable construction material, all within a 20 metre right-of-way. Such plan shall
be approved and implemented to the satisfaction of the City's General Manager
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
7. (Cont'd)
of Public Works in consultation with the City's Manager of Community Planning and
Development Review and reviewed by the Neighbourhood Association Executive.
61.
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 subdivision plan:
a) Block 21 for stormwater management purposes;
b) Block 22 for hazard land; and,
62.
That notwithstanding any bonding arrangements, prior to the issuance of any building
permits in this Plan, Deer Ridge Drive shall be constructed to King Street East, through
Stage 1 in Plan of Subdivision 30T-94009 and Stage 1 in Plan of Subdivision 30T-94008,
along with a second means of access in Plan of Subdivision 30T-94009 or Plan of
Subdivision 30T-94008, and both are open to vehicular traffic to the satisfaction of the
City's General Manager of Public Works.
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63.
64.
65.
66.
REPORTS ADOPTED BY COUNCIL
The Subdivider agrees to install permanent 1.2 metre high page wire fencing or an
alternative marking system to the satisfaction of the City's General Manager of Parks and
Recreation along the rear of Lots 7-14 and 16-20 prior to occupancy of any buildings on
such lots. Further, the Subdivider agrees to include a statement advising of the fencing or
marking system requirement in all Offers to Purchase and Agreements of Purchase and
Sale for such Lots or Blocks.
That prior to the registration of the subdivision plan, satisfactory arrangements shall be
made for the implementation of any required noise mitigating measures relative to the
Pioneer Sportsman Club use, to the satisfaction of the Regional Municipality of Waterloo or
Ministry of Environment and Energy.
The subdivider shall include a warning clause in all Offers to Purchase and Sale
Agreements respecting all lots in this Plan advising prospective purchasers of their
proximity to the Pioneer Sportsman Club, a gun club, which may interfere with the
enjoyment of property.
The Subdivider agrees that it shall be responsible, at its cost, for the monitoring of private
shallow and deep wells in the existing developed portions of the Grand Hill Village and
Pinegrove communities. The monitoring of shallow wells is associated with the
construction of deep sections of the sanitary sewer on table land. Monitoring of private
deep wells or new observation wells extending into the deep overburden aquifer will be
required if any dewatering in close proximity to the Grand River is undertaken associated
with the construction of the sewage pumping station or the forcemain across the Grand
River. In this regard, the Subdivider agrees that the detailed requirements of the monitoring
program, the areas of the existing communities in which it shall be undertaken and the
implementation of the program shall be subject to the approval of the Regional Municipality
of Waterloo.
The Subdivider further agrees that in the event the existing water supply to any existing
homes in the identified areas of Grand Hill Village and the Pinegrove Community is
disrupted or cut off as a result of the dewatering required for the construction of deep
sections of the sanitary sewers, the sewage pumping station or the forcemain across the
Grand River, the Subdivider shall provide a new water supply, either temporarily or
permanently as the case may be, to all affected properties to the satisfaction of the Region
and the City's General Manager of Public Works, all at the Subdivider's cost.
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
7. (Cont'd)
The monitoring program, associated with the construction of deep sanitary sewers, shall be
undertaken for a total period of approximately one year, which will include a period of time
both before and after the actual dewatering process. The monitoring program associated
with the construction of the pumping station and the forcemain across the Grand River shall
be undertaken for a period of time shorter than one year. The details of the monitoring
program are to be approved by the Region. In order to ensure that the monitoring program
is maintained for the time period set out by the Region and to further ensure that a
satisfactory water supply is provided to any homes whose water supply may have been
affected as a result of the construction of sanitary sewers or the pumping station, and in
recognition of there being more than one subdivider in the area, the Subdivider agrees to
enter into an agreement with the owners of lands within the following applications for draft
plans of subdivision:
30T-94008 (Krizsanderson Developments Ltd.)
30T-94017 (Maple Manor Ltd.)
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67.
68.
69.
REPORTS ADOPTED BY COUNCIL
30%94009 (JHS Properties Inc.)
30%95016 (346874 Ontario Ltd.)
30T-96006 (JHS for James and Barbara Pincott)
Said agreement shall stipulate that the owners of the lands subject to the draft plans of
subdivision listed above, shall be jointly and severally responsible for the undertaking of a
monitoring program; and in the event of evidence of a dry well during the monitoring
periods investigate and report to the extent of a hydrogeologist initial report which
ascertains cause, if possible; and to provide a new water supply, if necessary, and a
provision shall be included acknowledging that said agreement shall be binding on future
subdividers. Said agreement shall be submitted for the review and approval of the City's
Solicitor and shall be registered on title of the lands prior to the grading, servicing or
registration of any stage of the plan of subdivision or the installation of the sanitary sewage
facilities as defined in Condition 58. Further, said agreement shall not be released from
title until such time as the monitoring program is complete and either no impacts to existing
shallow wells has occurred or a new water supply has been provided to all affected
properties to the satisfaction of the Region and the City.
That all road widenings and public walkways be dedicated to the City through the
registration of the plan of subdivision.
That the names of the streets within the Plan shall be those shown on the Plan of
Subdivision.
In the event the cost of the intersection design, improvements and signalization set out in
Condition 58 and the sanitary sewage pumping station and forcemain, including the land
required to be purchased for the sewage works, as set out in Condition 59 are not included
as growth related items in City's or Region's Development Charge By-laws prior to such
works being constructed/installed, the Subdivider acknowledges that land, engineering
design and construction costs for these works shall be shared with the owners of the
following lands:
* Krizsanderson Developments Ltd. - all lands within Draft Plan of Subdivision 30%94009
* Maple Manor Ltd. - all lands within Draft Plan of Subdivision 30%94017
* JHS Properties Inc. - all lands within Draft Plan of Subdivision 30%94009
* 346874 Ontario Ltd. -all lands within Draft Plan of Subdivision 30%95016
* JHS for Pincott - all lands within Draft Plan of Subdivision 30%96006
* GRCA - (legally described as Part Lot 12, Beasley's Broken Front Concession)
* Reid - (legally described as Part Lot 12, Beasley's Broken Front Concession)
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
7. (Cont'd)
Costs related to the above noted works shall be apportioned on the basis of the
proportionate number of units within each of the land holdings to the total number of units
permitted in the Zoning By-law within the specified lands. Construction costs shall be based
on the actual tendered cost of the works. Land costs shall be based on actual purchase
price.
In order to facilitate the sharing of expenses for the works specified above, the plan of
subdivision will not be released for registration until such time as the Subdivider has
satisfied the City's General Manager of Planning and Development that arrangements have
been made between those owners set out above for the payment of their share of the costs.
Cost sharing shall not be required if the work proceeds before the final determination of
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whether the works will be included in the revised Development Charge By-law(s).
It is the opinion of this Committee that the approval of this application is proper planning for
the City.
That Council grant relief to the policy establishing a maximum length of cul-de-sac of 150
metres, to allow Maple Manor Court to be 181 metres in length and Dirksen Court to be 184
metres, each without an emergency access.
(As Amended)
That Council recommend approval of Plan of Subdivision Application 30T-94017 and Zone
Change Application 94/16/P/JG (Krizsanderson Developments Ltd.), in accordance with the
detailed recommendations set out below:
That Zone Change Application ZC 94/16/P/JG (Krizsanderson Developments Ltd.)
requesting to change the zoning from Residential (Twp R) according to By-law 878-A to
Residential Two Zone (R-2) with special use provision 234, Residential Two Zone (R-2)
with special use provision 234 and special regulation provision 258, Residential Three
Zone (R-3) with special use provision 234, Residential Three Zone (R-3) with special use
provision 234 and special regulation provision 238, Residential Three Zone (R-3) with
special use provision 234 and special regulation provision 245, Residential Six Zone (R-6)
with special use provision 231 and special regulation provision 239, Public Park Zone (P-
1), Open Space Zone (P-2) and Hazard Land Zone (P-3), all of which is subject to special
regulation provision 259, be approved in the form shown in the attached "Proposed By-
law", dated December 2, 1996, without conditions.
That Subdivision Application 30T-94008 (Krizsanderson Development Ltd.) be
recommended to the Ontario Municipal Board 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 covenants and agrees:
50.
That the final plans for registration purposes shall be prepared in accordance with the
attached Plan of Subdivision dated revised December 2, 1996 provided that minor changes
to said plan, acceptable to the General Manager of Planning and Development and not
affecting the numbering of lots or blocks may be permitted without an amendment to this
agreement.
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
51.
That prior to any grading or construction on site or registration of any stage of the Plan, a
Grading Control Plan be approved by the City's General Manager of Public Works in
consultation with the City's General Manager of the Department of Parks and Recreation,
the City's Assistant General Manager of Planning and Development, the Grand River
Conservation Authority.
52.
That prior to any grading or construction on site or registration of the Plan, a detailed
design for storm water management shall be prepared in accordance with the approved
recommendations of the Hydrogeological report prepared by Paragon Engineering (August,
1995), and in accordance with the approved concept plan, and submitted for the approval
of the City's General Manager of Public Works in consultation with the City's General
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53.
54.
55.
REPORTS ADOPTED BY COUNCIL
Manager of Parks and Recreation and the Grand River Conservation Authority. The
Subdivider further agrees to implement all required measures as outlined in the approved
final design.
That a landscape plan of the stormwater management facility be approved by the Manager
of Community Arenas, Athletics, Design and Development prior to the registration of the
Plan of Subdivision. All landscaping of areas above the 5 year storm level shall be installed
at the Subdivider's cost, in accordance with the approved plan,
during the first planting season after occupancy of the first unit. The remainder of the
planting shall commence at such time as required by the Manager of Community Arenas,
Athletics, Design and Development. The Subdivider shall maintain the planting for a period
of one year from the completion of final planting. Landscape plans are to be prepared by an
Environmental Professional acceptable to the City.
Prior to the Department of Public Works accepting the storm water management pond as
shown on the approved landscape plan, the Subdivider agrees to erect one or more
information signs at a public access point(s) detailing the purpose of the pond, phone
number for further information and any other relevant information, to be approved by the
Manager of Community Arenas, Athletics, Design and Development, all at the cost of the
Subdivider.
The Subdivider agrees that in consideration of the wooded character of the subdivision
lands and the City's desire to minimize the impact of development on treed areas worth
retaining, to comply with the following process in the development of the subdivision in
accordance with the City's approved Tree Management Policy:
a)
prior to the City releasing each stage of the Subdivision Plan for registration, the
Subdivider shall submit the detailed vegetation plan for the approval of the City's
Manager of Design, Heritage and Environment.
b)
that no area/rough grading shall occur on the lands until such time as all approved
measures for protection of isolated trees, tree clusters and woodlands affected by
such grading have been satisfactorily implemented, and inspected by the City and
the Subdivider has received a written authorization from the City's General Manager
of Public Works to proceed with said grading.
c)
to implement and be responsible for providing all information contained in the
approved detailed vegetation plan, tree preservation/enhancement plan (if
applicable), to all of its heirs, executors, administrators, successors and assigns in
order to ensure that the requirements outlined in said plan(s) are carried out as
specified.
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
d)
a tree preservation/enhancement plan will be required prior to applying for or having
issued any building permits for those lots or blocks which are subject to site plan
approval under Section 41 of The Planning Act, corner lots where site service
locations and building type have not been predetermined, interior lots having street
frontage greater than 13.7 metres, proposed buildings that are located deeper on
the lot than approved on the detailed vegetation plan and/or on which the revised
grading will have an adverse effect on the detailed vegetation plan.
e) in the event of construction causing minor tree damage, remedial measures such as
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trimming, dressing or bark doctoring shall be implemented at the Subdivider's cost
and as directed by the Subdivider's Environmental Consultant who prepared the
approved plan. In cases where major irreparable tree damage is done, liability is
questionable, or the tree is judged to be unsafe, in the opinion of the Subdivider's
Environmental Consultant and/or the City, each such tree shall be removed and
replaced with at least one tree of equal value based on the tree value formula as set
out in "Guide for Plan Appraisal" of the International Society of Arboriculture, latest
edition. Tree replacements are to be located on the same lot or block as the tree
requiring removal or to a location within the subdivision requiring enhancement.
Furthermore, such remedial measures or tree replacements shall be approved by
the City's Manager of Design, Heritage and Environment and shall be satisfactorily
implemented prior to occupancy of the units or, due to weather conditions, by the
next planting season.
56.
That the 5% parkland dedication required for the plan of subdivision shall be satisfied by
the conveyance of Block 66 (Stage 1) to the City of Kitchener without cost and free of
encumbrance.
57.
That the division of any Lots or Blocks by Part Lot Control shall be subject to compliance
with the following requirements:
i)
To obtain approval from the General Manager of Public Works of plans for each lot
or block illustrating lotting, service connections, street utility hardware and proposed
grades.
ii)
To submit a Draft Reference Plan with respect to the division of lots or blocks having
a lotting pattern in conformity with the approved engineering drawings and showing
all required maintenance easements and eave encroachments if the blocks are
proposed for zero sideyard housing, and obtain approval of the Draft Reference
Plan from the Director of Building, Zoning and Inspections prior to the Part Lot
Control Exemption By-law being presented to Council. Further, to receive final
approval of a Part Lot Control Exemption By-law.
iii)
That the draft Reference Plan approved above shall be deposited in accordance
with the Land Registry Act and three copies submitted to the Director of Building,
Zoning and Inspections. No building permits shall be issued until the City is in
receipt of such plans and provided such lots are in compliance with the approved
Reference Plan.
iv)
Any further division of lands to create additional building parcels shall require the
submission of subsequent Reference Plans to be approved in accordance with
steps ii) and iii) as set out above with the exception of the passing of another Part
Lot Control Exemption By-law.
58.
To construct 1.5 metre concrete sidewalks along both sides of all streets within and
abutting the Plan, to the satisfaction of the City's General Manager of Public Works, with
the following exceptions:
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
i) Winifred Place and Baden Court, which shall not require any sidewalk;
ii)
Pioneer Tower Road which shall require a sidewalk on one side only in accordance
with condition 77 below; and Grand Hill Drive from Wagon Street to Deer Ridge
Drive which shall require a sidewalk on one side.
59. That 0.3 metre reserves may be required to facilitate the staging of the plan and all 0.3
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REPORTS ADOPTED BY COUNCIL
metre reserves shall be shown on the final plan (s) for registration. The City shall be
responsible for the passing of a by-law opening said reserves as "public highway" following
the registration of subsequent stages of the plan and the completion of the road works, and
the opening of the road to vehicular traffic, to the satisfaction of the City's General Manager
of Public Works.
60.
That satisfactory arrangements be made for the implementation of any required noise
mitigating measures relative to the Pioneer Sportsman Club use, to the satisfaction of the
Regional Municipality of Waterloo or Ministry of Environment and Energy, prior to the
registration of any stage of the subdivision plan.
61.
The Subdivider shall include a warning clause in all Offers to Purchase and Sale
agreements respecting all lots in this Plan advising prospective purchasers of their
proximity to the Pioneer Sportsman Club, a gun club, which may interfere with the
enjoyment of property.
62.
That as part of the preparation of servicing drawings, the existing grades on Deer Ridge
Drive near Grand Hill Drive be reviewed by the General Manager of Public Works in
consultation with the Executive Committee of the Grand Hill Village Community and if
required, improved by the Subdivider at the time of road construction and servicing of Stage
1 of this Plan.
63.
The Subdivider agrees that it shall be responsible, at its cost, for the monitoring of private
shallow and deep wells in the existing developed portions of the Grand Hill Village and
Pinegrove communities. The monitoring of shallow wells is associated with the
construction of deep sections of the sanitary sewer on table land. Monitoring of private
deep wells or new observation wells extending into the deep overburden aquifer will be
required if any dewatering in close proximity to the Grand River is undertaken associated
with the construction of the sewage pumping station or the forcemain across the Grand
River. In this regard, the Subdivider agrees that the detailed requirements of the monitoring
program, the areas of the existing communities in which it shall be undertaken and the
implementation of the program shall be subject to the approval of the Regional Municipality
of Waterloo.
The Subdivider further agrees that in the event the existing water supply to any existing
homes in the identified areas of Grand Hill Village and the Pinegrove Community is
disrupted or cut off as a result of the dewatering required for the construction of deep
sections of the sanitary sewers, the sewage pumping station or the forcemain across the
Grand River, the Subdivider shall provide a new water supply, either temporarily or
permanently as the case may be, to all affected properties to the satisfaction of the Region
and the City's General Manager of Public Works, all at the Subdivider's cost.
The monitoring program, associated with the construction of deep sanitary sewers, shall be
undertaken for a total period of approximately one year, which will include a period of time
both before and after the actual dewatering process. The monitoring program associated
with the construction of the pumping station and the forcemain across the Grand River shall
be undertaken for a period of time shorter than one year. The details of the monitoring
program are to be approved by the Region. In order to ensure that the monitoring program
is maintained for the time period set out by the Region and to further ensure that a
satisfactory water supply is provided to any homes whose water
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
supply may have been affected as a result of the construction of sanitary sewers or the
pumping station, and in recognition of there being more than one subdivider in the area, the
Subdivider agrees to enter into an agreement with the owners of lands within the following
applications for draft plans of subdivision:
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REPORTS ADOPTED BY COUNCIL
30T-94008 (Krizsanderson Developments Ltd.)
30T-94017 (Maple Manor Ltd.)
30T-94009 (JHS Properties Inc.)
30T-95016 (346874 Ontario Ltd.)
30T-96006 (JHS for James and Barbara Pincott)
Said agreement shall stipulate that the owners of the lands subject to the draft plans of
subdivision listed above, shall be jointly and severally responsible for the undertaking of a
monitoring program; and in the event of evidence of a dry well during the monitoring
periods investigate and report to the extent of a hydrogeologist initial report which
ascertains cause, if possible; and to provide a new water supply, if necessary, and a
provision shall be included acknowledging that said agreement shall be binding on future
subdividers. Said agreement shall be submitted for the review and approval of the City's
Solicitor and shall be registered on title of the lands prior to the grading, servicing or
registration of any stage of the plan of subdivision or the installation of the sanitary sewage
facilities as defined in Condition 58. Further, said agreement shall not be released from
title until such time as the monitoring program is complete and either no impacts to existing
shallow wells has occurred or a new water supply has been provided to all affected
properties to the satisfaction of the Region and the City.
64.
The Subdivider acknowledges that the "sanitary sewage facilities" for Pioneer Tower West,
which shall mean the sanitary pumping station, forcemain and related appurtenances, are
not included in the City's Development Charge By-law and that if they wish to proceed
before the City's Development Charge By-law has been amended to include these works,
the cost of the sanitary sewage facilities shall be at the sole cost of the Subdivider and
without any there shall be no consideration of any credit from Development Charges
payable at the time of plan registration or building permit issuance.
In the event that City Council or the Ontario Municipal Board approve amendments to the
City's Development Charges By-law to include the costs of the sanitary sewage facilities for
Pioneer Tower West as eligible growth items, and if sufficient money is not allocated from
the City's Development Charge Account to permit the City to fund said facilities, and the
Subdivider wishes to proceed ahead of such allocation, the Subdivider agrees to be
responsible for up-fronting the costs related to these services.
In this regard, the City will be responsible for 100% of the cost of the sanitary sewage
facilities. Accordingly, the City hereby agrees to recognize any money paid by the
Subdivider for any work or services which would normally be assessed against City's
Development Charge reserve, with such monies representing a credit towards any City
Development Charge required for development within each lot or block. The offset will be
made by the City only as a credit with respect to monies required to be paid for
Development Charges for development within the plan. Said offsets shall be charged
initially against that portion of the applicable Development Charge with respect to
Engineering Services required to be paid prior to the City's release of each stage of the
Plan of Subdivision for registration. Any remaining offset will be credited against that
portion of the applicable Development Charges which is required to be paid at the time of
issuance of building permits. In this regard, 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 outlining the aforementioned, with the offset to be
registered against title of each specified lot or block, prior to the registration of the first
stage of the plan.
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
(Cont'd)
The same approach shall be repeated for the registration of each Stage, with any
outstanding offset balance remaining within the lands for any future credit upon additional
development after the entire plan has been registered and all permits issued not being paid
in actual monies by the City.
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REPORTS ADOPTED BY COUNCIL
Upon the total of the offset reaching the amount of monies properly paid by the Subdivider
for the specified work, then the Development Charges will be paid in the normal manner in
accordance with the City's By-law in that regard.
65.
That the names of the streets within the Plan shall be those shown on the Plan of
Subdivision.
66.
That all road widenings and public walkways be dedicated to the City through the
registration of each stage of the plan of subdivision.
67.
That construction traffic to and from the proposed subdivision development shall be
restricted to accessing the subdivision only from Deer Ridge Drive for Stage 1 (Lots 1-43)
and all of Stages 2 and 3 and may use Pioneer Tower Road/Baxter Place only for Lots 44-
57 (Stage 1) and Stages 4 and 5. 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.
68.
The Subdivider shall make satisfactory arrangements with the Ministry of Transportation
Ontario or the Regional Municipality of Waterloo, whichever has the jurisdiction for Highway
8, and the City of Kitchener, for all intersection improvements at Deer Ridge Drive/Highway
8, Deer Ridge Drive/Grand Hill Drive, Baxter Place/Highway 8 and Baxter Place/Pioneer
Tower Road prior to the release of any stage of the plan for registration. Such
improvements shall include the construction of dual left turn lanes from Deer Ridge Drive
northbound onto Highway 8, the installation of traffic signals at the Deer Ridge Drive/King
Street East intersection, the construction of a sidewalk along the northerly side of Deer
Ridge Drive to Highway 8, and any appropriate design improvements at the Deer Ridge
Drive and Grand Hill Drive intersection which will assist
in traffic flow, including safe left turns. Such improvements shall be undertaken at a timing
in accordance with the "intersection improvement staging plan" approved by the Region in
consultation with the affected neighbourhood associations.
69.
The Subdivider acknowledges that the development of the Plan of Subdivision may
proceed in five (5) stages.
70.
In addition to the standard requirements and the general conditions outlined above, special
Conditions 71-78, and 93 shall also apply to Stage 1.
71.
The registration and development of Stage 1 of this Plan must occur immediately
consecutively with the registration and development of Stage 1 of Plan of Subdivision 30T-
94009. Notwithstanding any bonding arrangements, no building permits shall be issued
until full Municipal services have been extended through Stage 1 of Plan of Subdivision
30%94009 or the contract has been let for such services to the satisfaction of the General
Manager of Public Works and Deer Ridge Drive is open to vehicular traffic in Plan of
Subdivision 30%94009.
72.
In the event the registration of Stage 1 of Plan of Subdivision 30%94009 has not occurred
prior to the intended development of this Plan, the following shall be required:
a)
the Subdivider shall arrange for the granting of an easement to the City over lands
within Plan of Subdivision 30%94009 for the extension of municipal services, at no
cost and free of encumbrance, to the satisfaction of the City's General Manager of
Public Works.
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
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b)
REPORTS ADOPTED BY COUNCIL
the Subdivider shall convey Lots 41 and 45 (Stage 1) to the City at no cost and free
of encumbrance, prior to the registration of Stage 1, for temporary road purposes to
the satisfaction of the City's General Manager of public Works. The City shall open
the temporary roads to public vehicular traffic by by-law at a time determined by the
City's General Manager of Public Works. Notwithstanding any bonding
arrangements, no building permits shall be issued for any stage until such road is
open to vehicular traffic.
c)
At such time as a temporary or full second means of access has been constructed in
Plan of Subdivision 30%94009, in Stage 11 and it is open to vehicular traffic, the
secondary means of access in this Plan will no longer be required. At such time, the
Subdivider agrees to remove the road to the satisfaction of the City's General
Manager of Public Works. The City acknowledges that at such time, Lots 41 and 45
(Stage 1) will be surplus to its needs and shall be reconveyed to the Subdivider
without cost.
73.
Notwithstanding Condition 73, in the event Stage 1 of this Plan is not registered prior to the
intended development of lands to the west, the Subdivider agrees to convey the lands
containing the Deer Ridge Drive alignment to service Plans of Subdivision 30T-94009 and
30T-95016.
74.
To obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration
to Waterways Permit under Ontario Regulation 69/93 prior to any grading or registration of
Stage 1 of the Plan.
75.
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 Stage One of the
subdivision plan:
a) Block 67 (Stage 1) for stormwater management purposes;
b) Block 66 (Stage 1) for parkland dedication;
c) Block 65 (Stage 1) for community trail purposes.
76.
To fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod
Blocks 65 and 66 (Stage 1) to the satisfaction of the General Manager of Parks and
Recreation. Grading plans and implementation within Blocks 65 and 66 shall include
making grading allowance for three metre wide flat areas for future trail link purposes. All
works required of the Subdivider by this Section shall be completed in conjunction with the
timing of grading of surrounding residential development not to exceed two years from the
registration of the subdivision plan or at any alternate time approved in writing by the
General Manager of Parks and Recreation.
77.
Prior to the registration of Stage 1 of this Plan, the Subdivider agrees to prepare and obtain
approval of a plan showing the details of the upgrading of that section of existing Pioneer
Tower Road as it abuts this plan. Such plan shall provide for upgrading to modified
municipal standards, including modified curbs, tar and chip surface, suitable style of lighting
fixtures and a sidewalk of suitable construction materials, all within a 20 metre right-of-way.
Such plan shall be approved and implemented to the satisfaction of the City's General
Manager of Public Works in consultation with the City's Manager of Community Planning
and Development Review and reviewed by the Neighbourhood Association Executive.
78. In the event the cost of the intersection design, improvements and signalization set out in
Condition 68 and the sanitary sewage pumping station and forcemain, including the land
required to be purchased for the sewage works, as set out in Condition 64 are not included
as growth related items in City's or Region's Development Charge By-laws prior to such
works being constructed/installed, the Subdivider acknowledges that land,
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
DECEMBER ~, 1996
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COUNCIL MINUTES
DECEMBER ~, 1996
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
engineering design and construction costs for these works shall be shared with the owners
of the following lands:
* Krizsanderson Developments Ltd. - all lands within Draft Plan of Subdivision 30T-94009
* Maple Manor Ltd. - all lands within Draft Plan of Subdivision 30T-94017
* JHS Properties Inc. - all lands within Draft Plan of Subdivision 30T-94009
* 346874 Ontario Ltd. -all lands within Draft Plan of Subdivision 30T-95016
* JHS for Pincott - all lands within Draft Plan of Subdivision 30T-96006
* GRCA - (legally described as Part Lot 12, Beasley's Broken Front Concession)
* Reid - (legally described as Part Lot 12, Beasley's Broken Front Concession)
Costs related to the above noted works shall be apportioned on the basis of the
proportionate number of units within each of the land holdings to the total number of units
permitted in the Zoning By-law within the specified lands. Construction costs shall be based
on the actual tendered cost of the works. Land costs shall be based on actual purchase
price.
In order to facilitate the sharing of expenses for the works specified above, the plan of
subdivision will not be released for registration until such time as the Subdivider has
satisfied the City's General Manager of Planning and Development that arrangements have
been made between those owners set out above for the payment of their share of the costs.
Cost sharing shall not be required if the work proceeds before the final determination of
whether the works will be included in the revised Development Charge By-law(s).
79.
In addition to the standard requirements and the general conditions outlined above, special
conditions 80 to 83 and 92 shall also apply to Stage 2.
80. That Stage 2 shall register consecutively with or following the registration of Stage 1.
81.
To convey to the City of Kitchener Block 10 (Stage 2) for open space and protective buffer
to the ESPA, at no cost and free of encumbrance, concurrently with the registration of
Stage 2 of the subdivision plan and to grant a 3.0 metre wide easement in favour of the City
across Block 2 (Stage 2) for access to Block 10.
82.
The Subdivider agrees to install a permanent 1.8 metre high chain link fence to the
satisfaction of the City's General Manager of Parks and Recreation along Block 2 (Stage 2)
prior to occupancy of any buildings on such blocks. Further, the Subdivider agrees to
include a statement advising of the fencing or marking system requirement in all Offers to
Purchase and Agreements of Purchase and Sale for such Lots or Blocks.
83.
To construct a dual purpose walkway/emergency access within Block 11 (Stage 2) to the
satisfaction of the City's General Manager of Public Works prior to the issuance of any
building permits in Stage 2.
84.
In addition to the standard requirements and the general conditions outlined above, special
conditions 85 to 88 and 92 shall also apply to Stage 3.
85.
That prior to the commencement of any grading or servicing of Stage 2 of the Plan, the
Subdivider shall provide confirmation from the Regional Municipality of Waterloo's
Department of Planning and Culture to the City's General Manager of Public Works that the
Cooper's Hawk is not nesting in the vicinity of Blocks 2 and 3 (Stage 2) at the time of such
commencement. In the event the area is being used for breeding, the Subdivider agrees
that site grading, service installation, building construction or other potentially disruptive
activity shall not be undertaken during the critical nesting period, April 1 to May 31.
PLANNING AND DEVELOPMENT COMMITTEE - (CONT'D)
DECEMBER ~, 1996
COUNCIL MINUTES
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COUNCIL MINUTES
DECEMBER ~, 1996
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CITY OF KITCHENER
8. (Cont'd)
REPORTS ADOPTED BY COUNCIL
86. That Stage 3 shall register consecutively with or following the registration of Stage 1.
87.
Prior the registration of Stage 3 of the Plan, the Subdivider agrees to prepare and obtain
approval of a plan showing the details of the upgrading that section of existing Grand Hill
Drive as it abuts this plan. Such plan shall provide for the upgrading of the existing road to
modified municipal standards, including modified curbs, tar and chip surface, suitable style
of lighting fixtures and a sidewalk of suitable construction material, all within a 20 metre
right-of-way. Such plan shall be approved and implemented to the satisfaction of the City's
General Manager of Public Works in consultation with the City's Manager of Community
Planning and Development Review.
88.
To convey Block 65 (Stage 3) to the City, without cost and free of encumbrance, prior to the
registration of Stage 3 of this Plan for future dual purpose walkway/emergency access for
access for abutting development to the west. In the event such Block is not eventually
required for access from development to the west, the City agrees to reconvey the Block to
the Subdivider without cost.
89.
In addition to the standard requirements and the general conditions outlined above, special
conditions 90 and 91 shall also apply to Stages 4 and 5.
90. That Stages 4 or 5 shall register consecutively with or following the registration of Stage 1.
91.
The Subdivider shall convey Block 8 (Stage 5) to the City, at no cost and free of
encumbrance, for open space/trail link purposes concurrently with the registration of Stage
5 of the Plan. The Subdivider shall construct a trail within Block 8 to the satisfaction of the
City's General Manager of Parks and Recreation."
92.
The Subdivider agrees to install a 1.8 metre chain link fence along the perimeter of the
property abutting the Kirkpatrick lands, except for that portion of the property line along
Foley's Lane where, subject to appropriate tree saving measures, alternatives to chain link
fencing may be substituted in consultation with immediately adjacent property owners.
Further, that the above chain link fence, or agreed to alternative, be constructed prior to
any building permit being issued within the affected stage.
93.
That prior to the registration of Stage 1 of the plan, the Subdivider shall prepare a Noise
Study to indicate to the Regional Municipality of Waterloo, methods to be used to abate
traffic noise levels for all residential lots and blocks adjacent to Deer Ridge Drive and
implement the approved noise study attenuation measure prior to the issuance of building
permits.
That Council grant relief to the policy establishing a maximum length of cul-de-sac of 150
metres, to allow Baden Court to be 175 metres in length without an emergency access.
(As Amended)
That Council acknowledges that the sanitary sewage pumping station and forcemain required for
Pioneer Tower West are growth related items typically included in the Development Charge By-
law and that following approval of the Development Charge legislation, that Council direct the
City's Legal Department to expeditiously revise the Development Charge By-law accordingly.
Further, in the event new legislation allows for the inclusion of soft services, including the
development of community trails, that community trails necessary for new growth areas be
included in the revisions to the City's Development Charge By-law.
COUNCIL MINUTES
DECEMBER ~, 1996
- 641 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
COMMUNITY SERVICES COMMITTEE -
That we approve the request of the Kitchener Fire Department to prepare specifications, tender for
and replace the present conventional aerial ladder platform with an articulating aerial ladder
platform.
That the Kitchener Farmers' Market Vision and Strategic Plan, as considered by the Community
Services Committee on November 25, 1996, be approved in principle, and further,
That input be sought from Market vendors, the K.D.B.A. board, east end retailers and the
Downtown Action Committee prior to final approval, and further,
That a special project team be formed to address the Duke Street closure proposal and make a
recommendation to Council prior to any formal closure process.
That we endorse the establishment of the Arts and Culture Advisory Committee on a permanent
basis, recognizing that the committee has fulfilled its original mandate, and further,
That we endorse the Terms of Reference for the Arts and Culture Advisory Committee, as
amended by the Community Services Committee on November 25, 1996.
That we approve the draft agreement with the Optimist Club of Country Hills, dated draft -
November 4th, 1996, for use of the Country Hills Community Centre, subject to review by the City's
Legal Department, and further,
That the Optimist Club of Country Hills make an initial payment of a minimum of $50,000, payable
by November 1, 1997, with the balance funded through an interest free loan from the City of
Kitchener, to an up-set limit of $50,000, and further,
That the Optimist Club of Country Hills make 5 annual payments of $10,000, if required, on
November 1 of each year, commencing in 1998, to repay the loan.
5. That the request of Art Works! for funding of their 1997 event be referred to the grant process.
6. That the 1997 cemetery tariffs of charges be approved, and further,
That the Division Manager be authorized to forward a copy of the tariffs to the Cemeteries
Regulations Section of the Ministry of Consumer and Commercial Relations for filing in order that
the proposed rates become effective on January 1, 1997.
That the Fundraising Feasibility Steering Committee for the St. Jerome's Centre for the Arts be
formed and consist of 3 members of City staff, to be designated by the Interim Chief Administrative
Officer, 3 members from the Friends of St. Jerome's and 1 member of City Council.
That Councillor B. Vrbanovic be appointed as the member of City Council on the Fundraising
Feasibility Steering Committee for the St. Jerome's Centre for the Arts.
FINANCE AND ADMINISTRATION COMMITTEE -
That Council take no action on the October 4, 1996 letter of complaint submitted by Mr. S. Spiegel,
President, Lulu's Plaza Limited, and confirm the City development charges paid in conjunction with
building permit #E960307, 4263 King Street East, Kitchener.
That the Information Services Division be relocated to the vacant space on the 8th floor of the
Berlin Tower, and that subject to deletion of the glass front entrance, the 8th floor renovations be
carried out at a cost not to exceed $76,000.00; and further,
That funding for the project be provided from the 1996 Capital Contingency Account.
COUNCIL MINUTES
DECEMBER 2, 1996
- 642-
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
FINANCE AND ADMINISTRATION COMMITTEE -
That the Council resolution of November 15, 1996 concerning the retaining of Heath Consultants
Limited and the payment of $14,268.00 for further testing and analysis in the Ralgreen Crescent
area be amended by substituting the following which reflects a change in the amount of the
payment:
"That Council authorize staff to further retain the services of Heath Consultants Limited for
the purposes of undertaking a borehole analysis of the Ralgreen Cresent area, and hereby
waive the requirement to call for expressions of interest pursuant to Chapter 170
(Purchasing and Materials Management) of the City of Kitchener Municipal Code; and,
"That Council agrees to pay Heath Consultants Limited $135,980.00, exclusive of taxes,
which represents the cost of drilling the boreholes and the installation of permanent test
points for the purpose of obtaining methane gas, water and soil samples, for which the
Corporation of the City of Kitchener agrees to share equally with the Ministry of
Environment and Energy; and further,
That the Department of Public Works be directed to clean up the soil debris at each
borehole location."
PUBLIC WORKS AND TRANSPORTATION COMMITTEE -
That a three-way stop be installed at the intersection of Tilt Drive and Doon Village Road on a
temporary basis, until such time as the diversion is installed in accordance with the policies
contained in the Upper Doon Heritage Conservation District Plan, and further,
That the Uniform Traffic By-law be amended accordingly.
That the westbound curb lane on Wilson Avenue at Fairway Road be designated for "right turns
only", and further,
That the westbound curb lane on Wilson Avenue at Kingsway Drive be designated for "right turns
only", and further,
That the Uniform Traffic By-law be amended accordingly.
That the City of Kitchener endorse the name King Street East and Regional Road #8 for the
portion of Highway #8 from new Highway #8 (diversion) to Highway #401, transferred to the
Regional Municipality of Waterloo.
That an all-way stop be installed at the intersection of Samuel Street and Pandora Avenue, and
further,
That the Uniform Traffic By-law be amended accordingly.
COUNCIL MINUTES
DECEMBER 2, 1996
- 643 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
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."
REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER -
1. Minutes of Settlement - VICTORIA PARK WARD
It was resolved:
"That the Mayor and Clerk be authorized to sign the "Minutes of Settlement" relating to the
assessment appeal launched by A. DeCunhe (471 King Street East) and settled by the
Regional Assessment Commissioner for Region #21 ."
2. Reqional Steerinq Committee Appointments
It was resolved:
"That Councillor John Smola and Mr. John Gazzola be appointed to represent the City of
Kitchener on the Regional Steering Committee for Sewer and Water, and further
That Councillor Jim Ziegler and Mr. Ed Kovacs be appointed as alternates."
3. 1997 Committee of Adiustment Fees
Councillor K. Redman enquired as to the rationale for increasing Committee of Adjustment
fees, noting that the fees are routinely increased each year. Mr. R.W. Pritchard replied that
the increase reflects the percentage adopted by Council as part of its pro forma budget.
It was resolved:
"That, effective January 8, 1997, Schedule "A" to Chapter 375 of the City of Kitchener
Municipal Code be repealed and the following substituted therefore:
SCHEDULE "A" - TARIFF OF FEES
APPLICATION
FEES/CHARGES
Committee of Adjustment
(Variance to a By-law)
$225/application
Committee of Adjustment
(Land Severance)
$280/first lot or block
and for each new lot
or
block
thereafter
Committee of Adjustment
(Combined application for
Variance and Land Severance)
$450/first lot or block
and $225 for each new lot
or block created thereafter
Committee of Adjustment
(Change to Conditions
of Provisional Consent)
$140.00/application
and further
COUNCIL MINUTES
DECEMBER ~, 1996
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CITY OF KITCHENER
COUNCIL MINUTES
DECEMBER ~, 1996
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
That the Legal Department be directed to prepare the necessary by-law."
COUNCIL MINUTES
DECEMBER 2, 1996
- 644 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
4. Licenses
It was resolved:
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Catholic Family Counselling Centre, 70 Weber Street West, Kitchener, N2H 3Z3, to
conduct a Monte Carlo event at the Transylvania Club, 16 Andrew Street, Kitchener, on
December 27-29, 1996 inclusive."
-and-
"That Ms. Kim Bagey be granted a Massagist licence for the year 1996 and further;
That Ms. Diane Stone be granted a Massagist licence for the year 1996."
5. Encroachment Aqreement - VICTORIA PARK WARD
It was resolved:
"That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the
registered owner(s) of property municipally known as 209 Courtland Avenue East, to
legalize an existing fence, lawn and grape vines as they encroach onto adjacent City
owned land."
6. Aqreement - Festival of the Niqht Performers
It was resolved:
"That the Mayor and Clerk be authorized to sign the agreement engaging performers for
the "Festival of the Night" to take place on December 31, 1996, and the early morning of
January 1, 1997, at Civic Square, Kitchener City Hall."
7. Execution of Aqreement
It was resolved:
"That the City's outside legal counsel, Scott & Aylen, be authorized to execute on behalf of
the City an agreement with Canadian National Railway Company and Hogg Fuel &
Supply Limited to hire on a without prejudice basis Decommissioning Consulting Services
Limited and XCG Consultants Ltd. to conduct risk assessment and engineering studies,
including well monitoring and associated legal costs, respecting coal tar located at the
CNR and Hogg Fuel properties, all at an upset limit of $60,000 to be shared equally by
the CNR, Hogg Fuel and the City."
8. Land Exchanqe - BRIDGEPORT NORTH WARD
DECEMBER ~, 1996
COUNCIL MINUTES
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CITY OF KITCHENER
COUNCIL MINUTES
DECEMBER ~, 1996
- 645-
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
Dealt with under Delegations.
Assiqnment of Transit Centre Aqreement
It was resolved:
"That the Mayor and Clerk be authorized to execute an agreement effective June 1, 1996
consenting to the assignment of the obligations of Greyhound Lines of Canada Ltd. under
its September 1, 1994 transit centre agreement with the City to Greyhound Canada
Transportation Corp."
COUNCIL MINUTES
DECEMBER 2, 1996
- 645 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - CONT'D
10. Tenders
Dealt with under Delegations.
11. Request for Lottery Licence Fee Refund
It was resolved:
"That the request of Bluevale Collegiate for a refund in the amount of $144.00 regarding
Lottery Licence #M364983 be approved."
12. Albert Raith Cement Contractor Limited - FAIRVIEW WARD
Dealt with under Delegations.
13. Land Acquisition - Fairway Road/Kinq Street East
It was resolved:
"That the City accept, and the Mayor and Clerk be authorized to execute, a counter-offer
from the Grand River Railway Company and Canadian Pacific Railway to sell Parts 2, 3 &
4, Reference Plan 58R-9429 located at Fairway Road and King Street East for the sum of
$270,000 for the purposes of a fire hall."
14. Consent to Lease/Financinq - 539 Riverbend Drive
Council was in receipt this date of a memorandum from J. Shivas, City Solicitor, dated
November 28, 1996 recommending consent to a matter involving 981495 Ontario Limited and
A.C.I. Adjusters Canada Inc. Incorporated.
It was resolved:
"That the City consents to a lease from 981495 Ontario Limited to A.C.I. Adjusters
Canada Incorporated; a Debenture from 981495 Ontario Limited to the Laurentian Bank of
Canada and a Debenture from A.C.I. Adjusters Canada Incorporated to the Laurentian
Bank of Canada for the property described as Part 8 on Reference Plan 58R-7231 and
DECEMBER ~, 1996
COUNCIL MINUTES
-646-
CITY OF KITCHENER
COUNCIL MINUTES
DECEMBER ~, 1996
- 646-
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
Part 1 on Reference Plan 58R-9659 and municipally known as 539 Riverbend Drive,
Kitchener."
15. Surplus Land - Queen Street North
Council was in receipt this date of a memorandum from G. Andersen, Land Purchasing
Officer, dated December 2, 1996 recommending that the subject lands, behind the former City
Hall, be declared surplus to the City's needs.
It was resolved:
"That the parcel of land described as Part of Lot 13, Plan 364, Benjamin Eby's Survey,
fronting on Queen Street North at the rear of 22 Frederick Street, be declared surplus to
the City's needs, and notice of sale of same to the abutting owner be given to the public
by listing on the Council agenda for December 16, 1996."