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HomeMy WebLinkAboutPlng & Econ Dev - 1996-11-25PED\1996-11-25 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:20 p.m. under Councillor C. Weylie, Chair, with the following members present: Mayor R. Christy and Councillors K. Redman, M. Wagner, M. Yantzi, John Smola, B. Vrbanovic, J. Ziegler, T. Galloway and Jake Smola. Officials present: Ms. C. Ladd, J. Given, L. MacDonald, B. Newell and Messrs. J. Gazzola, T. McCabe, B. Stanley, J. Willmer, L. Bensason, D. Mansell, D. Snow, J. Shivas and L.W. Neil. - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION The Committee was in receipt of Planning and Development Staff Reports PD 96/94 - Pioneer Tower West area and PD 96/117 - an Addendum to report PD 96/94 dealing the applications itemized below: a) - Municipal Plan Amendment Application MP 95/1/P/JG - Pioneer Tower West b) - Municipal Plan Amendment Application MP 96/5/P/JG - Grand River Conservation Authority c) - Zone Change Application 96/17/P/JG - Pioneer Tower West Comprehensive (City Initiated) d) - Plan of Subdivision Application 30T-94008 - Zone Change Application 94/16/P/JG (Krizsanderson Developments Ltd.) e) - Plan of Subdivision Application 30T-94009 - Zone Change Application 94/17/P/J G (J. H.S. Properties Ltd.) f) - Plan of Subdivision Application 30T-94017 -Zone Change Application 94/21/P/JG (Maple Manor Ltd.) g) - Plan of Subdivision Application 30T-95016 -Zone Change Application 96/26/L/JG (346874 Ontario Ltd.) h) - Zone Change Application 96/20/P/JG (Grand River Conservation Authority) It was pointed out that notice that the Committee would hold a public meeting this date to consider these matters had previously been given. In the newspaper advertisement advertising this public meeting, it was stated that a number of general policies in the City's new Municipal Plan have been referred to the Ontario Municipal Board. In an effort to address some of the issues, several changes to these policies are being proposed and some of these changes may affect all lands in the City of Kitchener. A number of applications have been received to allow for new residential development in the Pioneer Tower West community including two Municipal Plan Amendment Applications, two Zone Change Applications and four proposed Plans of Subdivision together with Zone Change Applications. The purpose of these applications is described in Planning and Development Staff Reports PD 96/94 and PD 96/117. Councillor C. Weylie, Chair, read the following statement to those in attendance: "This is a Public Meeting under 'The Planning Act, 1996' to consider Municipal Plan Amendment Application 95111PIJG (Pioneer Tower West) and Municipal Plan Amendment Application 95151PIJG (Grand River Conservation Authority). Section 17 (45) of the Planning Act allows the Ontario Municipal Board to dismiss all or part of an appeal without holding a hearing if the appellant did not make oral submissions at a public meeting or did not make written submissions to the council before the plan was adopted and, in the opinion of the Board, the appellant does not PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 164 - CITY OF KITCHENER - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) provide a reasonable explanation for having failed to make a submission. In order to ensure the record includes all the names of those individuals who are making verbal submissions today for these two Municipal Plan Amendments, please ensure that you clearly identify yourself before you begin your submissions and the Clerk will record your name for the record. If your name does not appear on the record, you may jeopardize any further involvement you wish to have in these matters. Any recommendation made by Planning Committee on these matters today will be considered by City Council on December 2, 1996. If City Council adopts the amendments, they will proceed to the Regional Municipality of Waterloo who has the final approval authority for Municipal Plan Amendments. They are also the body to whom appeals are sent. Further information on these procedures is available from the City's Department of Planning and Development or the Region's Department of Planning and Culture". Mr. T. McCabe commented that the applications before the Committee this date represented four years of work on the part of City staff who worked with many stakeholders with an interest in these matters whom he itemized. He expressed appreciation for the work of all interested parties respecting these applications including the executives of the two neighbourhood associations involved and all of their residents for their professional approach to many issues, to the consultants for their work and in particular to Ms. J. Given and Ms. C. Ladd for their contribution. Councillor T. Galloway also thanked all of the participants in the planning process. He noted that he regretted the need to develop this historic area but that previous planning decisions had set a development process in motion. In this regard he reminded everyone in attendance that the Pioneer Tower West lands have been designated Low Rise Residential in the Official Plan at six units per hectare as a result of planning decisions some years ago which increased that designation from two units per hectare. He pointed out that the density factor of ten units per hectare has now been agreed to as a result of compromises by the community and the new density figure represents a 400% increase over earlier development levels. Councillor Galloway stressed that the matters before the Committee were complex issues that were being considered within individual applications but noted that they should be considered as part of a larger development package wherein they are required to fit together to create the best overall development possible. Ms. J. Given provided the Committee with a comprehensive presentation involving an overview of the new community, review of municipal plan policies, zoning in the existing community, community design, individual plans of subdivision and a review of the implications of the addendum staff report PD 96/117 and content therein. She commented that the report and the addendum report under consideration represent departmental recommendations resulting from an extensive and comprehensive planning exercise which will substantially complete the planning for the Pioneer Tower West area at all levels. Detailed municipal plan policies in the two official plan amendments will guide development through the built and new parts of the community and the zoning by-laws and conditions related to four plans of subdivision will implement the planning objectives. She commented that all those involved have worked to protect the character of the community and that in designing the new community, social, historic and natural fabric had influenced the policies and ultimate community design. She noted that the following key community attributes were important in the planning of the area: the two existing communities - Pinegrove and Grandhill Village, geography, recreational resources, ESPA #34 (Grandview Woods), Pioneer Tower Road (originally Huron Road) and the historic ridge which includes the Pioneer Memorial Tower. She commented on the main effects of the Municipal Plan Amendment 95/1 which relate to land use designations as shown on Map #5, Schedule "A" and Special Policies with some of the key policy areas being residential development, open space/recreational, heritage and noise. In particular she referred to the planned development which provides for some latitude to new zone changes without need for municipal plan change. Ms. Given then summarized the effects of the individual plans of 1. - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 165 - CITY OF KITCHENER - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) subdivision and the total number of dwelling units proposed to be developed within each as follows: - Krizsanderson Developments - 275 units - Maple Manor - 20 units - J.H.S. Properties - 569 units - 346874 Ontario Limited - 56 units Ms. Given then reviewed the addendum report PD 96/117 and commented on only key functions the report served. Firstly, it provides for the addition of a maximum number of units in the zoning by-law and includes revised by-laws for all zone change applications. Secondly, a small triangle of land on the Sportsman Club property would remain open space because of the need for an environmental audit. Thirdly, revisions have been made to subdivision conditions in respect to well monitoring that restrict the issue to shallow wells. Fourthly, a new condition has been added regarding cost sharing of all expenses on a fair unit allocation basis among all developers. Fifthly, a resolution has been included in respect to the development charge by-laws which provides that the developers ask the City to amend the by-law as soon as the City can do so legally. And finally, in the Krizsanderson Developments, at the request of the community, a condition is added regarding a walkway. Ms. Given requested that the Committee give careful consideration to the wording in respect to the Official Plan Amendments and asked that the Committee request Council to pass all of the zoning by-laws at its meeting of December 2, 1996. Ms. Given then verbally requested a number of changes to recommendations contained in Staff Reports PD 94/96 and 96/117 which she itemized and were contained on page 6 of her presentation notes to the Committee this date. Related to a mapping change to Map #17 which revises the Maple Manor property with a map dated November 25th showing lot dimensions, she distributed a copy of same. Councillor T. Galloway pointed out that recommendation #9 in report PD 96/117 should refer to 31 dwelling units rather than 35 dwelling units and staff concurred. Before hearing the delegations who have registered this date, Mr. T. McCabe summarized issues with respect to lands of the Grand River Conservation Authority and their uses. He noted that retention of public open space was absolutely important and that the GRCA had cooperated in respect in exchange of lands in order to preserve four lots on the Vista Ridge. Mr. Eric Hodgins, Manager, Water Resources Protection, Engineering Department Regional Municipality of Waterloo, appeared as a delegation to comment on implications of subdivision conditions relating to well monitoring. He noted that there was a potential for the developments to impact shallow wells as a result of infrastructure servicing but that the impact should be of short duration and that accordingly, one year sufficient to determine any impact. He stated that there was little possibility of impact on deeper wells given water was taken from a deep aquifer system and a thick layer of clay would protect the system from construction activities. Further, he pointed out that the two areas of concern were currently on private water systems and received their water from areas to the east which are up elevation from the development taking place. Councillor T. Galloway noted that the changes to the subdivision conditions relating to well monitoring had been proposed at a very late date in the process and this has raised concern. He commented that during the construction of the weir for the Mannheim Recharge System, area wells went dry and stated that there was concern there may be some cause/affect relationships that are not known until construction has taken place. He requested comment on this issue. Mr. Hodgins replied that the problem referred to made sense in relation to the weir project but would not relate to the proposed subdivision developments. Councillor Galloway questioned if there could be an impact during construction of the forcemain and Mr. Hodgins advised that there could be some short term impact but that there were very few wells in that location. Following further discussion, it was determined that only two wells might be affected by the forcemain. - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 166 - CITY OF KITCHENER Ms. Susan Burke appeared as a delegation on behalf of the Kitchener Local Architectural Conservation Advisory Committee to remind the Committee of the value in preserving heritage resources within the area. Slides of such resources were presented illustrating historical, architectural and archaeological issues. She commented on the fact that the area was the cradle of the beginning of Waterloo Region and in recognition, the Pioneer Tower had been erected in 1925. Ms. Burke emphasized the need to protect access to heritage resources and pointed out that there was a great deal to be preserved including vistas, viewscapes, houses and barns. She noted that the Local Architectural Conservation Advisory Committee has had a long interest in this community and has planned to create a heritage district which would preserve all the lands along the ridge, retain as much vegetation as possible and preserve existing buildings and vistas. She noted that the City has taken a lead role in this by supporting acquisition of Block 57. She encouraged acquisition of lots 55 & 56 adjacent to the Pioneer Tower and lots 2 & 3 between the Calder property and the Pincott property and stated that she believed a model community could be created. Ms. Jean Haalboom, Chair, Regional Heritage Planning Advisory Committee, appeared as a delegation to comment on preservation issues involving the houses and barns as identified and vistas from the ridge lands. She also commented on the Pioneer Tower Road and its historic importance noting that it was proposed to identify it as a scenic road. She stated that she hoped the portion of the road to be closed to traffic could be utilized for special historical events such as in instances where a stage coach might travel the closed portion of the original road. Councillor T. Galloway pointed out that no final decision has been made in respect to the barn on the Calder property and he noted that there was time to work on the possibility of retaining and preserving it. Mr. Vern Martin appeared as a delegation on behalf of the two neighbourhood associations. He asked that the Committee take note of an update report dated November 22, 1996 which was prepared by the Executive Committees of the Grandhill Village Association and the Pinegrove Community Association and distributed this date. Mr. Martin commented that there were unique complications affecting development in the area in respect to: geographic configuration, traffic flow, two noise issues, the Kitchener sewage treatment plant, heritage sites, ESPA, location of existing neighbourhoods and many other issues. He asked that the Committee give thoughtful and thorough consideration of the development applications as they relate to the issues he listed. On this issue of well monitoring, he advised that the Executive Committee was concerned with the rewording that has taken place as it relates to shallow wells and following further comment in this regard, he requested that the subdivision conditions regarding well monitoring in PD 96/94 not be changed. Ms. Beth Weckman appeared as a delegation on behalf of the joint Neighbourhood Executive Committee to comment on traffic issues. She advised that the results of their assessment were that existing intersections could not accommodate the subdivisions and significant intersection improvements were required on the basis that the area has no other options for remedial correction. In this regard, she listed the improvements that the residents request involving Deer Ridge Drive, Grand Hill Drive and Highway #8. She noted that Baxter Place was currently unworkable and significant improvement was also required and also suggested that pedestrian traffic has been overlooked in the planning process. Ms. Daphne Nicholls appeared as a delegation in place of Mr. Rinze Vanderwerff for the joint Neighbourhood Association Executive to speak on issues relating to heritage concerns. Ms. Nicholls spoke on concerns relative to various issues including: a heritage conservation district, support for acquisition of Block 57, preservation of lots 2, 3, 55 & 56, right of first refusal being given to the City relative to purchase of lot 1, community trails, the question of sidewalks, open space use with a request that parks be developed at an early stage of the subdivision development and environmental concerns. Mr. Gord Nicholls appeared as a delegation on behalf of the joint Neighbourhood Association Executive to deal with the applications for zone change and subdivision of Krizsanderson Developments Limited. He advised that he wished to deal with the matter of density and the - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 167 - CITY OF KITCHENER question of transition as proposed in the subdivision relating to lands adjacent to the existing developed community. He referred to the compromises that previous owners negotiated with regard to permitting development on the basis of six units per hectare and the acceptance of inevitable changes and compromise that residents have made in agreeing to a density of ten units per hectare in Pioneer Tower West. He advised that all developers have agreed to cap the number of units within the density limit with the exception of Krizsanderson Developments Limited. He noted that based on compromise that residents have already agreed to, they could not accept the density proposed in the Krizsanderson subdivision which was 10.8 units per hectare. He then commented on the zoning and lotting pattern proposed in the Krizsanderson subdivision and on the design of Deer Ridge Drive which has an "S" curve that the residents feel could be a safety hazard. Mr. Nicholls then referred to noise concerns relating to the volume of vehicles utilizing Highway #8 and suggested that berming be required to address this problem. Following other comments, Mr. Nicholls advised that the residents request the Krizsanderson Development be capped at 250 units. Mr. Bill Thomson appeared as a delegation on behalf of the joint Neighbourhood Executive and proceeded to highlight recommendations of the Executive commencing on page 8 of their submission this date. Councillor T. Galloway stated that he did not understand the concern in regard to the first right of refusal to purchase lot 1 and Mr. Thomson replied that the concern of the residents was that the property remain in the public domain. Judge J.R.H. Kirkpatrick appeared as a delegation and advised that he had lived on his property since 1949 and noted that the Krizsanderson subdivision would abut 4 sides of his land holding. He read a lengthy presentation respecting the matters under consideration and expressed concerns that: fencing be erected to protect the Grandview Woods, development of the lands was not required given that the City's lot supply inventory was excessively high, that the GRCA should develop its land in accordance with its mandate, that vistas and heritage Pionner Tower Road be protected, the 80% / 20% traffic allocation for access purposes was unfair and that problems would result in respect to drainage as water will be diverted from the Kirkpatrick lands. Mr. James Richard appeared as a delegation on behalf of the Pioneer Sportsman Club in support of the contents in his letter dated November 22, 1996 distributed to the Committee this date. He commented on the history of the Club and matters involving compatibility of uses, distance separation and noise studies. He suggested that it was appropriate to require noise warning clauses in the adjacent subdivisions to make purchasers aware of noise generating uses nearby. He referred to the Maple Manor subdivision and the land use designation attached to his clients land and suggested that road access should be required over adjoining subdivisions to his clients land. He expressed concerns with regard to definition of firearms and suggested that archery tackle be excluded. In summary, Mr. Richard's asked that sections of his clients land be designated as Low Rise Residential with conditions attached if necessary and noted that perceptions as to incompatible use could be resolved. Further, he requested that modifications be made to the Maple Manor Limited subdivision plan to accommodate development of his clients lands. Finally, he commented that noise from the use of his clients land has existed since the 1940's and it appeared staff have a strong desire to end the use. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning Limited, appeared as a delegation on behalf of the GRCA, in respect to the Authority's MP 96/5/P/JG and ZC 96/20/P/JG. He distributed a submission dated November 1996 in regard to these matters. He commented on the 3 parcels of land involving the GRCA. Mr. Britton advised that the GRCA supports the staff recommendation in PD 96/117 respecting zoning of the GRCA lands providing clarification was forthcoming in regard to the Holding Provision and acquisition of 4 lots. He further suggested that Clause #10 of the proposed zoning by-law might be reconsidered so as to allow the By-law to come into effect in an alternate way rather than only upon approval of the Municipal Plan Amendment. - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) Mr. Robert Steinberg, Manager of Property & Corporate Resources for Grand River Conservation PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 168 - CITY OF KITCHENER Authority, appeared as a delegation in support of the applications submitted by the Authority. He commented that the applications demonstrate a commitment to protect the corridor. Mr. T. McCabe summarized the requests of the residents in respect to these applications and advised it was his opinion that from a technical point of view staff were correct. He also commented on the suggested Holding Provision. On motion by Councillor T. Galloway, staff recommendations as revised (shown in bold type face) this date respecting Zone Change Application 96/20/P/JG (GRCA) were accepted and it was agreed that a final resolution would not be advanced until the Committee had considered all other planning applications this date. Mr. Paul Puopolo, Planning Initiatives Limited, appeared as a delegation on behalf of 346874 Ontario Limited in respect to MP 95/1/P/JG and the company's Zone Change Application 96/26/L/JG and Subdivision Application 30T-95016. He advised that Vista Ridge was operating as a numbered company along with Mr. Brian Calder who was a major shareholder. Mr. Puopolo provided a brief chronology of planning events in the Pioneer Tower West area and advised that he was in general support of both staff reports. He spoke to issues relating to a land exchange, redesignation of 4 lots and on-going negotiations with the GRCA. He did express concern respecting subdivision conditions dealing with well monitoring and intersection design and requested that staff re-consider Staging of Development so as to bring on the heritage component at an earlier date. Finally, Mr. Puopolo advised that his client was willing to undertake a Heritage Conservation District Plan in conjunction with the City of Kitchener and to participate in other heritage structures. In response to concerns of Councillor T. Galloway, Mr. Puopolo advised that a settlement would be reached with the GRCA. Staff summarized the issues raised by Mr. Puopolo and the residents. The Committee discussed numerous issues contained within the reports and submitted this date and reached decisions on these matters. On motion by Councillor T. Galloway, staff recommendations, as revised (shown in bold type face) this date respecting Zone Change Application 96/26/L/JG and Subdivision Application 30T-95016 (346874 Ontario Limited) were accepted, excepting conditions dealing with well monitoring and traffic/intersection improvements which will be added when the Committee considers these common matters, and it was agreed that a final resolution would not be advanced until the Committee had considered all other planning applications this date. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning Limited, appeared as a delegation on behalf of JHS Developments Ltd., in respect to MP 95/1/P/JG and the company's Zone Change Application 94/17/P/JG and Subdivision Application 30T-94009. He advised that his client owns 69 hectares, which comprises approximately 60% of the net residential land area in Pioneer Tower West and that his client had reached a settlement with the neighbourhood associations on matters of design and density respecting JHS lands. He then commented on a number of issues including: the comments in the presentation of Mr. Kirkpatrick, heritage, traffic routing and intersections, wording of cost sharing conditions, staging of development and well- monitoring. Staff summarized the issues raised by Mr. Britton and by the residents. The Committee discussed numerous issues in relation to the reports and submissions made this date and reached decisions on these matters. Councillor Jake Smola expressed concern regarding the lack of sidewalks on streets in the subdivision; namely, Deer Ridge Crescent and Deer Ridge Court and staff outlined city policy in such instances. A motion by Councillor Jake Smola to require sidewalk on one side of Deer Ridge Crescent and Deer Ridge Court was put to a vote and lost. - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) On motion by Councillor T. Galloway, staff recommendations, as revised (shown in bold type face) this date respecting Zone Change Application 94/17/P/JG and Subdivision Application 30T-94009 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 169 - CITY OF KITCHENER (JHS Developments Ltd.) were accepted, excepting conditions dealing with well monitoring and traffic/intersection improvements which will be added when the Committee considers these common matters, and it was agreed that a final resolution would not be advanced until the Committee had considered all other planning applications this date. Mr. Bill Green, Green Scheels Pidgeon, appeared as a delegation on behalf of Maple Manor Limited, in respect to MP 95/1/P/JG and the company's Zone Change Application 941211PIJG and Subdivision Application 30T-94017. He described the location of his clients lands on which 20 large size lots are proposed to blend with existing development and noted that the plan has been accepted by the neighbourhood associations. He pointed out that the Pioneer Sportsman's Club has requested modification to the Maple Manor plan based on a concern that the plan may inhibit development potential of the Club's lands to the west. Mr. Green raised issues with respect to noise and conditions relative to parkland dedication and land conveyance. Staff summarized the issues raised by Mr. Green and by the residents. The Committee discussed numerous issues in relation to the reports and submissions made this date and reached decisions on these matters. On motion by Councillor T. Galloway, staff recommendations, as revised (shown in bold type face) this date respecting Zone Change Application 941211PIJG and Subdivision Application 30T-94017 (Maple Manor Ltd.) were accepted, excepting conditions dealing with well monitoring and traffic/intersection improvements which will be added when the Committee considers these common matters, and it was agreed that a final resolution would not be advanced until the Committee had considered all other planning applications this date. Mr. Bill Green, Green Scheels Pidgeon, appeared as a delegation on behalf of Krizsanderson Developments Limited in respect to MP 95/1/P/JG and the company's Zone Change Application 94/16/P/JG and Subdivision Application 30T-94008. He provided a background of the principals involved in the company and then before making his detailed remarks called on Mr. Tom Krizan to make a presentation. Mr. Tom Krizan, Thomasfield Homes, appeared as a delegation to request approval of the recommendations in the planning staff reports respecting lands to be developed by Krizsanderson Developments Limited. He noted that planning for the subdivision had been on going for some 6 years involving countless meetings. He spoke to the issue of lot size and number of lots and noted the number of lots proposed in the planning report was quite Iow as compared to 360 lots which would be an average yield for such lands. He stated that the reduction to 275 lots seriously impacts the development. In response to Councillor Jake Smola, Ms. J. Given advised that the neighbourhood associations request further lot reduction to 250. She noted that only the Krizsanderson subdivision has a wide mix of housing lots which staff support. Mr. B. Green pointed out that his client purchased the lands in 1988. He commented on various issues including responsible environmental planning of the subdivision, storm water management, and other complex aspects of the development. He advised that the Plan was modified to reflect numerous concerns and he itemized the many changes that have been made to the plan in response to requests of the residents. Mr. Green noted that his client accepts the recommendation in the addendum staff report which results in a density of less than 11 units/hectare and noted it represents good planning. He advised that Krizsanderson was willing to construct a fence on 2 sides abutting the lands of Mr. Kirkpatrick which is satisfactory to Mr. Kirkpatrick. Mr. Green then dealt with concerns relating to noise, access roads, staging of development, the "S" curve design of Deer Ridge Drive which addresses an environmental concern and minimizes tree cutting. - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) Councillor B. Vrbanovic stated that his concern was that only Krizsanderson had exceeded the 10 unit per hectare density criteria and questioned why an exception should be made. Mr. Green responded by detailing design and layout issues in regards to the necessity to provide larger lots adjacent to the existing developed communities which was an issue the other developers did not have to address. He also suggested that the 10 unit/hectare density was established to apply as PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 170 - CITY OF KITCHENER an average across the entire community. Staff summarized the issues raised by Messrs. Green & Krizan and by the residents. The Committee discussed numerous issues in relation to the reports and submissions made this date and reached decisions on these matters. In particular, Councillor T. Galloway requested changes in respect to conditions dealing with a modified road system. Councillor T. Galloway referred to the remarks he made earlier as to the amount of increased density that the area had already absorbed as a result of earlier planning processes. He suggested that the residents have made substantial compromise on the density issue and he suggested there needs to be movement on the part of the developer without reference to density shifting. Councillor Galloway was of the view that Pioneer Tower West was a unique community and must be looked at differently in respect to subdivision development. He stated that he rejects arguments for development of 275 units, particularly in consideration of the fact that the lands were purchased on the basis of development at the rate of 6 units per hectare. He also stated that he did not accept the position that the provision of large size transition lots buys entitlement to develop additional smaller lots elsewhere as compensation. Councillor Galloway noted that lot size diversity has merit but questioned why diversity was not a requirement of the other subdivision plans and insisted minimum 50 foot lots should be required in the Krizsanderson subdivision. Accordingly, he proposed the development be limited to 245 units by incorporating 50 foot lots. Councillor B. Vrbanovic questioned the proposed 245 lot figure noting that at 10 units/hectare density, approximately 255 lots could be developed. He suggested deferral of the applications to December 2, 1996 to review this issue. Councillor M. Yantzi favoured the development diversity proposed by staff. Councillor M. Wagner agreed with the deferral suggestion to encourage additional negotiation between the developer and the neighbourhood associations. Councillor T. Galloway stated that he favours a negotiated settlement and would prefer to see movement by the developer on the density issue. He noted that the official plan amendment represents a 66% increase in density. On motion by Councillor T. Galloway, staff recommendations, as revised (shown in bold type face) this date respecting Zone Change Application 94/16/P/JG and Subdivision Application 30T-94008 (Krizsanderson Developments Limited) were accepted, excepting conditions dealing with well monitoring and traffic/intersection improvements. However, a further motion by Councillor B. Vrbanovic to defer and refer revised recommendations respecting Zone Change Application 94/16/P/JG and Subdivision Application 30T-94008 (Krizsanderson Developments Limited) to City Council for consideration at its meeting of December 2, 1996 was carried subject to inclusion of conditions dealing with well monitoring and traffic/intersection improvements when the Committee considers these common matters as part of consideration of all other planning applications this date. Ms. J. Given introduced the 2 outstanding common issues, being well monitoring and traffic/intersection improvements that the Committee had not dealt with in the 4 subdivision applications of 346874 Ontario Limited, JHS Properties Limited, Maple Manor Limited and Krizsanderson Developments Limited. In regard to the issue of well monitoring, on motion the revised conditions presented for each of the four subdivisions were accepted but deferred and referred for consideration of further revisions to be presented by staff at City Council's December 2, 1996 meeting. On motion by Councillor T. Galloway, revised conditions for each of the 4 subdivisions with respect to the issue of traffic/intersection improvements were accepted and included in each subdivision plan of 346874 Ontario Limited, JHS Properties Limited, Maple Manor Limited and - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) Krizsanderson Developments Limited. The Committee then considered the recommendations in staff reports respecting Municipal Plan Amendment MP 95/1/P/JG and the issues of concern in the reports and the submissions made this date. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 171 - CITY OF KITCHENER On motion it was agreed to defer and refer Policy 12.7.1V) respecting the number of residential units in the community to the December 2, 1996 meeting of City Council. On motion by Councillor T. Galloway, it was agreed to revise Policy 12.7 Xl) by adding an additional sentence providing that "Open Space areas may be used for activities such as active sportsfields, tennis courts and cross country skiing". On motion by Councillor J. Ziegler, it was agreed to revise Policy 17.7 XVll) by deleting the last sentence from the recommendation in staff report PD 96/94. No other changes were agreed to excepting those requested in the Addendum Staff Report PD 96/117 and verbally by Ms. J. Given. On motion by Councillor T. Galloway, the staff recommendations, as revised (shown in bold type face) this date respecting MP 95/1/P/JG (Pioneer Tower West) were accepted and it was agreed that a final resolution would not be advanced until the Committee had considered all other planning applications this date. The Committee then considered the staff reports respecting Municipal Plan Amendment MP 96/5/P/JG (Grand River Conservation Authority) and the issues of concern in the reports and submissions made this date. On motion by Councillor T. Galloway, the staff recommendations, as revised (shown in bold type face) respecting MP 96/5/P/JG (GRCA) were accepted and it was agreed that a final resolution would not be advanced until the Committee had considered all other planning applications this date. The Committee then considered the staff reports respecting Zone Change Application 96/17/P/JG (Comprehensive Rezoning) and issues of concern in that regard. Mr. James Richard questioned the difference in definition of firearms as it applies to bow and arrow. Federal legislature defines crossbow as a firearm whereas Provincial legislature defines a bow as a firearm. On motion by Councillor B. Vrbanovic, staff recommendations, as revised (shown in bold type face) this date including the exclusion of archery tackle, respecting Zone Change Application 96/17/P/JG (Comprehensive Rezoning) were accepted and it was agreed that a final resolution would not be advanced until the Committee had considered all other planning applications this date. No other issues or concerns were raised regarding the planning applications under consideration this date. The Committee then dealt with each of the resolutions arising from the individual applications considered this date as outlined below: Municipal Plan Amendment MP 95111PIJG - Pioneer Tower West On motion by Councillor T. Galloway - it was resolved: "1, That the following parts of Municipal Plan Amendment MP 95111PIJG be adopted by By-law and forwarded to the Regional Municipality of Waterloo for final approval: - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) a) b) Schedule "A" attached, dated November, 1996, with the exception of the Area 2 change in land use designation affecting the JHS Properties Inc. property. Proposed policies 12.7 ix), x), xi), xii), xiv), xv), xvi), xvii), xx) and amendments to Schedule "D". PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 172 - CITY OF KITCHENER 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, save and except Policy 12.7.iv which is deferred and referred to City Council. 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. Part 2 Section 8.3.3, Policy 9 is revised by adding the following as clauses v) and vi): "v) Pioneer Tower Road between Marquette Drive and the Grand River. It is acknowledged that the Scenic-Heritage designation of Pioneer Tower Road - PD 96194 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) is 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: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 173 - CITY OF KITCHENER "viii)Pioneer Tower Road between Marquette Drive and the Grand River;" and x) Lookout Lane." 7. Part 2, Map 4-Transportation, is revised, as attached. 8. Part 3, Map 5-Plan for Land Use is revised, as attached dated November 1996. 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. iv) * Policy below deferred and referred to City Council- December 2, 1996 - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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 1200 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 174 - CITY OF KITCHENER v) 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 1200. 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. 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 - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 175 - CITY OF KITCHENER 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. Heritaqe 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. - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (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": PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 176 - CITY OF KITCHENER 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 Tower Road (new) 20m" "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." Municipal Plan Amendment MP 96151PIJG - Grand River Conservation Authority On motion by Councillor T. Galloway - it was resolved: "That Council recommend approval of Municipal Plan Amendment MP 96151PIJG (Grand River Conservation Authority), in accordance with the detailed recommendations set out below: - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) SECTION 4 - THE AMENDMENT The Municipal Plan of the City of Kitchener is amended as follows: 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 177 - CITY OF KITCHENER 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 96151PIJG (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." Zone Chanqe Application ZC 96/17/P/JG - Comprehensive Rezoninq On motion by Councillor T. Galloway - it was resolved: "That Council approve Zone Change Application 961171PIJG (City of Kitchener Comprehensive Rezoning) in accordance with the detailed recoomendations 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 Two Zone (R-2) 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 21, 1996, as further revised November 25, 1996 to exclude archery tackle. 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." - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) Zone Chanqe Application ZC 961201PIJG - Grand River Conservation Authority On motion by Councillor T. Galloway - it was resolved: "That Council recommend approval of Zone Change Application ZC 961201PIJG (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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 178 - CITY OF KITCHENER 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." Zone Change Application 961261LIJG and Subdivision Application 30T-95016 - 346874 Ontario Limited On motion by Councillor T. Galloway - it was resolved: "That Council recommend that approval of Plan of Subdivision Application 30T-95016 and Zone Change Application 961261LIJG (346874 Ontario Ltd.) in accordance with the detailed recommendations set out below, except condition 63 which is deferred and referred to City Council: 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 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-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. - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 50. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated revised November 21, 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 179 - CITY OF KITCHENER 53. 55. 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. 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 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. 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. 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. - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 180 - CITY OF KITCHENER 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. 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. 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 - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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. The intersection improvements shall be completed PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 181 - CITY OF KITCHENER concurrently with development of Stage I of the Plan. 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 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. * Condition below deferred and referred to City Council- December 2, 1996 The Subdivider agrees that it shall be responsible, at its cost, for the monitoring of private shallow wells in the existing developed portions of the Grand Hill Village and Pinegrove communities. 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 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 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, all to be determined 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 deep sections of the sanitary sewers and in recognition of there being more than one subdivider in the area, the Subdivider agrees to - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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 the provision of 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 182 - CITY OF KITCHENER 64. 65. 66. 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. 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. 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. - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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 or modified PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 183 - CITY OF KITCHENER 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. 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. - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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 to the satisfaction of the City's Assistant General Manager Planning and Development and the City's solicitor. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 184 - CITY OF KITCHENER 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. 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 improvements and signalization set out in Condition 61 and the sanitary sewage pumping station and forcemain, including the land required for the sewage works, as set out in (new) Condition 81 are never included as growth related items in their respective Development Charge By-laws, the Subdivider acknowledges that land, engineering design and construction costs for these works shall be shared with the owners of the following lands: - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) * 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 - (legal desc) *Reid - (legal desc) 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 within the specified lands. Construction costs shall be based on the actual tendered cost of the works. Land costs shall be based on market value as agreed to by all the parties. In the event there is a dispute regarding market value of the land, the City's Land Purchasing Officer shall determine fair market value. 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 provided written confirmation to the City's General Manager of Planning and Development that satisfactory arrangements have been made between those owners set out above for the payment of their fair share of the costs. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 185 - CITY OF KITCHENER 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 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 - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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 I 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. D. That Council acquire Block 57 at fair market value." Zone Change Application 94/17/P/JG and Subdivision Application 30T-94009 -J.H.S. Properties Limited PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 186 - CITY OF KITCHENER On motion by Councillor T. Galloway - it was resolved: "That Council recommend the approval of Plan of Subdivision Application 30T-94009 and Zone Change Application 941171PIJG (J.H.S. Properties Ltd.) in accordance with the detailed recommendations set out below, except condition 71 which is deferred and referred to City Council: 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 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 - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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 21, 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 187 - CITY OF KITCHENER 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 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 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 - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 188 - CITY OF KITCHENER 55. 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 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. - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 189 - CITY OF KITCHENER 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 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 - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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. 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: 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 190 - CITY OF KITCHENER 60. 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. 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. - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 61. 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: 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 191 - CITY OF KITCHENER 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 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. 68. 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. 69. 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." 70. 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: - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) "Moreover, this dwelling has been fitted with a central air conditioning system for the purpose of attenuating occasional odour." 71. * Condition below deferred and referred to City Council - December 2, 1996 The Subdivider agrees that it shall be responsible, at its cost, for the monitoring of private shallow wells in the existing developed portions of the Grand Hill Village and Pinegrove communities. 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 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 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, all to be determined 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 deep sections of the sanitary sewers 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.) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 192 - CITY OF KITCHENER 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 the provision of 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. 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. 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 - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 73. 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. 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 ). c) 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 193 - CITY OF KITCHENER 74. 75. 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. 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. The Subdivider acknowledges that the development of the Plan of Subdivision may proceed in twelve (12) stages. - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (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 4 and 8 (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. 77. 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 194 - CITY OF KITCHENER 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 30%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 I 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 - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) rights of way of Deer Ridge Drive and other local streets to service such plan. 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 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 195 - CITY OF KITCHENER 84. 85. 86. 87. 1. - PD 96~94 & - MUNICIPAL 88. 89. Drive and Grand Hill Drive intersection which will assist in traffic flow, including safe left turns. The intersection improvements shall be completed concurrently with development of Stage 1 of the Plan. 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 PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION {CONT'D) 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. 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). 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 196 - CITY OF KITCHENER 90. 91. 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. - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 92. In addition to the standard requirements and the general conditions outlined above, special conditions 92 to 94 shall apply to Stage 3. 93. That Stage 3 shall register consecutively with or following the registration of Stage 1. 94. In addition to the standard requirements and the general conditions outlined above, special conditions 96 and 97 shall apply to Stage 4. 95. That Stage 4 shall register consecutively with or following the registration of Stage 1. 96. To convey to the City of Kitchener Block 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 Stage 5. 98. That Stage 5 shall register consecutively with or following the registration of Stages 1 and 4. 99. That immediately consecutively with the registration of Stage 5, that Block 9 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 8 for a drainage corridor concurrently with the registration of Stage 5 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 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, PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 197 - CITY OF KITCHENER 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. - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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. 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 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 198 - CITY OF KITCHENER 118. 119. 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. In addition to the standard requirements and the general conditions outlined above, special conditions 120 to 122 shall also apply to Stage 10. That Stage 10 shall register consecutively with or following the registration of Stage 1. - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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. 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 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 199 - CITY OF KITCHENER 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. - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) That following the Registration of Plan of Subdivision 30%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 parts of Stages 4 and/or 5 of the plan of Subdivision, containing Deer Ridge Court, be redesigned to allow for the proper and orderly development of the GRCA lands proposed to be designated and zoned residential. Said redesign shall be approved prior to registration of Stages 4 and/or 5 of the Plan of Subdivision." Zone Change Application 941211PIJG and Subdivision Application 30T-94017 - Maple Manor Limited On motion by Councillor T. Galloway - it was resolved: "That Council recommend the approval of Plan of Subdivision Application 30T-94017 and Zone Change Application 941211PIJG (Maple Manor Ltd.), in accordance with the detailed recommendations set out below, except condition 66 which is deferred and referred to City Council: That Zone Change Application ZC 941211PIJG (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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 200 - CITY OF KITCHENER 50. That the final plan for registration purposes shall be prepared in accordance with the 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 - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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. 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 specified. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 201 - CITY OF KITCHENER 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 - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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 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. 57. 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. 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. The intersection improvements shall be completed concurrently with development of Stage I of the Plan. 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 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 202 - CITY OF KITCHENER 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 up4ronting 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 - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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 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. 63. 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 203 - CITY OF KITCHENER advising of the fencing or marking system requirement in all Offers to Purchase and Agreements of Purchase and Sale for such Lots or Blocks. 64. 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. 65. 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 - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) with the enjoyment of property. 66. * Condition below deferred and referred to City Council- December 2, 1996 The Subdivider agrees that it shall be responsible, at its cost, for the monitoring of private shallow wells in the existing developed portions of the Grand Hill Village and Pinegrove communities. 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 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 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, all to be determined 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 deep sections of the sanitary sewers 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 the provision of 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 204 - CITY OF KITCHENER 67. That all road widenings and public walkways be dedicated to the City through the registration of the plan of subdivision. 68. That the names of the streets within the Plan shall be those shown on the Plan of Subdivision. 69. 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 - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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. 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). 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." Zone Change Application 94/16/P/JG and Subdivision Application 30T-94008 - Krizsanderson Developments Limited On motion by Councillor T. Galloway - it was resolved: "That we defer consideration of Plan of Subdivision Application 30T-94017 and Zone Change Application 941161PIJG (Krizsanderson Developments Ltd.), in accordance with the detailed recommendations set out below and refer these applications to City Council for consideration at its meeting to be held December 2, 1996: A. That Zone Change Application ZC 94/16/P/JG (Krizsanderson Developments Ltd.) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 205 - CITY OF KITCHENER 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 - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) use provision 231 and special regulation provision 239, Public Park Zone (P-l), 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 November 19, 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 November 18, 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, 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 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 206 - CITY OF KITCHENER approved by the Manager of Community Arenas, Athletics, Design and Development, all at the cost of the Subdivider. 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 - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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. 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 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 207 - CITY OF KITCHENER 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 - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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: i) Winifred Place and Baden Court, which shall not require any sidewalk; 59. 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. 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. 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 wells in the existing developed portions of the Grand Hill Village and Pinegrove communities. In this regard, the Subdivider agrees that the detailed requirements of the monitoring program, the areas of the existing communities in PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 208 - CITY OF KITCHENER which it shall be undertaken and the implementation of the program shall be subject to the approval of the Regional Municipality of Waterloo. - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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 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 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, all to be determined 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 deep sections of the sanitary sewers 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 the provision of 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 209 - CITY OF KITCHENER 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 - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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. 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. 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. The intersection improvements shall be completed concurrently with development of Stage I of the Plan. 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, PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 210 - CITY OF KITCHENER special Conditions 71-78 shall also apply to Stage 1. - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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 30T-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 30T-94009. 72. In the event the registration of Stage 1 of Plan of Subdivision 30T-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 30T-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. b) 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 30T-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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 211 - CITY OF KITCHENER development not to exceed two years from the registration of the subdivision plan - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 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, 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 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 212 - CITY OF KITCHENER - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) wide easement in favour of the City across Block 3 (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 Blocks 2 and 3 (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 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 3 and 4 (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. 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 66 (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." 1. - PD 96/94 & PD 96/117 - PIONEER TOWER WEST APPLICATIONS FOR: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 25, 1996 - 213 - CITY OF KITCHENER - MUNICIPAL PLAN AMENDMENT, ZONE CHANGE & PLAN OF SUBDIVISION (CONT'D) 92. The Subdivider agrees to install a 1.8 metre chain link fence along the perimeter of the property abutting the Kirkpatrick lands, including Foley's Lane, subject to appropriate tree saving measures being required. 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." Sanitary Sewage Pumping Stations and Forcemain for Pioneer Tower West - Development Charqe By-law On motion by Councillor T. Galloway - it was resolved: "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." On motion by Councillor T. Galloway - it was resolved: "That Council enact Zoning By-laws for all Zone Change applications considered this date at its December 2, 1996 meeting". ADJOURNMENT On motion, the meeting adjourned at 10:20 p.m. L.W. Neil, AMCT Assistant City Clerk