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HomeMy WebLinkAboutPlng & Econ Dev - 2000-09-25PED\2000-09-25 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25~ 2000 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:50 p.m. under Councillor C. Weylie, Chair with the following members present: Mayor C. Zehr and Councillors M. Yantzi, J. Ziegler, K. Taylor-Harrison, T. Galloway, J. Haalboom and John Smola. Councillors G. Lorentz, B. Vrbanovic and Jake Smola entered the meeting shortly after its commencement. Officials Present: Ms. C. Ladd, J. Given, L. MacDonald, A. Menon, K. Bissell, P. Bacon and Messrs. J. Gazzola, B. Stanley, G. Borovilos, D. Mansell, L. Bensasen, G. Richardson, L. Masseo, J. Witmer, P. Wetherup, F. Pizzuto, P. Sinnott and L.W. Neil. 1. BPS-00-126 BPS-00-104 - ADDEMDUM TO BPS-00-104 HURON ROAD (SOUTH SIDE) WEST OF STRASBURG ROAD EXTENSION - MUNICIPAL PLAN AMENDMENT APPLICATION MP O01061SIJG - ZONE CHANGE APPLICATION ZC 981021HIJG SUBDIVSION APPLICATION 30T-98201 - 673099 ONTARIO LTD. - SOUTH WARD The Committee was advised that the Department of Business and Planning Services was in receipt of applications for zone change, subdivision and municipal plan amendment from 673099 Ontario Limited in regard to a parcel of land located on the south side of Huron Road, west of the Strasburg Road extension. In this regard, the Committee considered staff report BPS-00-104 dated August 30, 2000 and a proposed by-law dated August 29, 2000 attached to the report. Also attached to the report was a Municipal Plan Amendment document entitled, "Strasburg Creek - South Branch Tributary". Also provided to the Committee was staff report BPS-00-126 dated September 18, 2000 prepared as an addendum to report BPS-00-104. It was noted in the staff report that the proposed amendment to the City's Municipal Plan would re- designate a small tributary of the Strasburg Creek from Open Space to Low Rise Residential and delete the same area from map 2A -Natural Resources in the Municipal Plan. The proposed zone change would facilitate the development of a plan of subdivision totalling 45.6 hectares while the proposed plan of subdivision and zone change would allow a mixture of single detached, duplex, semi-detached, street townhouse and multiple dwellings ranging from 466-673 total dwelling units. In addition, the development provides for a potential elementary school site and a number of open space blocks for park, open space, storm water management and a landscape buffer adjacent to Huron Road. The existing zoning on the property is primarily restricted Business Park Zone (B-2), reflecting the former "Business Park" official plan designation. The proposed zoning by-law would bring the zoning into conformity with the current official plan designations of Low Rise Residential and Open Space. As well, a mixture of dwelling types and lot sizes will be created throughout the plan. Councillor C. Weylie, Chair, read the following statement: "This is a Public Meeting under 'The Planning Act, 1996' to consider Municipal Plan Amendment Application O0/06/S/JG 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 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 this Municipal Plan Amendment, 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 October 2, 2000. If City Council adopts the amendments, they will proceed to the Regional Municipality of Waterloo who has the final approval PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25, 2000 - 148 - CITY OF KITCHENER authority for Municipal Plan Amendments. They are also the body to whom appeals are BPS-00-126 - ADDEMDUM TO BPS-00-104 BPS-00-104 HURON ROAD (SOUTH SIDE) WEST OF STRASBURG ROAD EXTENSION - MUNICIPAL PLAN AMENDMENT APPLICATION MP O01061SIJG - ZONE CHANGE APPLICATION ZC 981021HIJG SUBDIVSION APPLICATION 30T-98201 - 673099 ONTARIO LTD. - SOUTH WARD (CONT'D) sent. Further information on these procedures is available from the City's Department of Business and Planning Services or the Region's Department of Planning and Culture." Ms. J. Given provided a detailed explanation of the purpose of the applications and referenced the size of the land parcel, the potential number and range of dwelling units. She drew particular attention to the implementing zoning by-law that ensures a range and size of units within the development. Ms. Given pointed out two significant natural features within the subject area, noting that a portion lies within the Strasburg Wetland Complex and a south portion affects a cold water tributary. She made further remarks on environmental issues and heritage issues that were outlined in the staff report. Ms. Given then commented that the proposed official plan amendment was minor in nature as its purpose was to make minor revisions to the Municipal Plan Map so as to delete a small tributary of the Strasburg Creek from being affected by the flood lines. Councillor G. Lorentz entered the meeting at this point. Ms. Given then explained the purpose of staff report BPS-00-126 and the recommendations contained there-in. It was noted in the report that the resolution of Deferral 2b to the City's Municipal Plan Map 4, Transportation is integral to the final approval of draft plan of Subdivision 30T-98201 being recommended through report BPS-00-104. Staff report BPS-00-126 addresses additional conditions and steps necessary to bring about resolution of the Deferral. She noted that Regional staff were in agreement with the staff recommendation. Ms. Given responded to questions from the Committee explaining how the Deferral came about and illustrating and commenting on open space and park areas. Councillor B. Vrbanovic entered the meeting at this point. Other questions were raised with respect to a possible need of Kitchener-Wilmot Hydro Inc. for a substation, trails and interconnecting walkways and a number of environmental issues that are to be resolved within a southerly plan. Ms. Yvonne Fernandes appeared as a delegation on behalf of a group of area residents living in the Brigadoon area who have expressed concern that they were excluded from the planning process. The areas of concern relate to environmental impact which Mr. J. Stewart will be addressing and heritage / historical issues which she wished to raise. Ms. Fernandes suggested that First Nations Peoples should have had an opportunity to participate in the planning process at the beginning of the proposed development. Further she raised concerns with regard to the need for a noise impact study as well as expressing concern that trails in park areas were under hydro lines and that it be ensured motorized vehicles were prohibited from using trail networks. Mr. Jim Stewart appeared as a delegation with regard to the requirements of the Environmental Impact Study. He expressed concern that grading was possibly not being done to established standards as soil is washing away. He also expressed concern about water quality and questioned whether this had been addressed as well as whether the proposed buffer zones were adequate to protect wildlife. He stressed that he was not opposing the development, but that his intent was to raise concerns for the Committee's consideration. Councillor J. Haalboom referred to the Starsburg Creek Watershed Plan and questioned what assurances could be given with respect to buffering that would protect the watershed. Mr. J. Stewart commented that the area being developed was comprised of light brown soils and recommended the City review similar studies as to potential impact. Ms. J. Given remarked on the Environmental Impact Report and the Environmental Impact Statement and emphasized that Strasburg Creek Master Watershed Plan was the guiding document respecting this matter. Further discussion took place PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25, 2000 - 149 - CITY OF KITCHENER 1. BPS-00-126 BPS-00-104 - ADDEMDUM TO BPS-00-104 HURON ROAD (SOUTH SIDE) WEST OF STRASBURG ROAD EXTENSION - MUNICIPAL PLAN AMENDMENT APPLICATION MP O01061SIJG - ZONE CHANGE APPLICATION ZC 981021HIJG SUBDIVSION APPLICATION 30T-98201 - 673099 ONTARIO LTD. - SOUTH WARD (CONT'D) with respect to archaeology matters, noise and hydro corridors. Councillor T. Galloway commented that the issue residents were drawing attention to was that their properties were located beyond the 120-metre circulation requirement of the plan and consequently they had received very little information respecting this development proposal. He questioned if staff and the consultant could meet with residents to answer their concerns directly before Council's consideration of this matter at its October 2, 2000 meeting. Councillor J. Haalboom concurred with Councillor Galloway's comment and requested that staff ensure all necessary buffering was in place to protect the Creek. Ms. Carol Wiebe, MacNaughton Hermsen Britton Clarkson Planning Ltd., appeared as a delegation on behalf of the applicant and indicated support of the staff recommendations in both reports. She commented that the subject area had very unique characteristics and required creative approaches to develop. These unique characteristics relate to a topography with steep rolling grades that traverse the area, Huron Road which is a Heritage Highway, a hydro corridor that runs north to south on an angle through the subject property and the main branch of the Strasburg Creek. She commented that as a result of topography interesting streetscapes had been developed and there were challenging servicing issues in this regard. With respect to Huron Road, Ms. Wiebe noted that a 50-foot buffer has been provided for along the road right of way and that all of the foundations of the Aberdeen Settlement were contained within the buffer area. She advised that an exhaustive study of the Aberdeen Settlement area and possible Indian Burial grounds had been completed. With reference to the hydro corridor she advised that an effort had been made to minimize lots backing onto the hydro corridor by means of berming and buffering. With respect to Strasburg Creek, all appropriate buffering had been completed. Ms. Wiebe noted that all agencies were satisfied with the proposal and in regard to zoning advised that the plan had been designed with a series of zones with minimum lot width and a range of housing including lots with a wide - shallow format so as to reduce garage dominance of the dwelling structures. Mr. Martin Jones, Stantec Consulting Limited, was in attendance in support of the applications and to answer any questions. He advised that all studies had been completed and endorsed and asked for the Committee's approval of the staff recommendation. Ms. Wiebe responded to a number of questions from Councillor J. Haalboom dealing with the differences in this plan in comparison to the 1998 proposed plan, engineering constraints, Heritage Kitchener concerns, and heritage concerns as they relate to the 710 Huron Road. A question was raised as to the ownership of 673099 Ontario Limited and Ms. Wiebe advised that it was actually a partnership with Freure Homes as the primary partner along with a number of silent financial partners. Councillor J. Haalboom requested assurance as to the impact of the development on 710 Huron Road and Mr. B. Stanley advised that particular attention would be paid to it because it was a heritage property and that the pre-grading requirement has to be reviewed by Public Works staff and the General Manager of Business and Planning. At the request of the Committee, Ms. Wiebe and staff agreed to meet with Ms. Fernandes and Mr. Stewart and any other area residents to provide a detailed overview of the planning process that had taken place in support of these applications. The recommendations in the staff report, as well as in the addendum report, were then considered. On motion by Mayor C. Zehr - It was resolved: 'A. BPS-00-126 BPS-00-104 That Council approve the attached Municipal Plan Amendment Application MP00/06/S/JG (Huron Road - Strasburg Creek-South Branch Tributary), being an - ADDEMDUM TO BPS-00-104 HURON ROAD (SOUTH SIDE) WEST OF STRASBURG ROAD EXTENSION PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25, 2000 - 150 - CITY OF KITCHENER - MUNICIPAL PLAN AMENDMENT APPLICATION MP O01061SIJG - ZONE CHANGE APPLICATION ZC 981021HIJG SUBDIVSION APPLICATION 30T-98201 - 673099 ONTARIO LTD. - SOUTH WARD (CONT'D) amendment to Map 2A to reduce the floodline boundaries, and to Map 5 to change the designation from Open Space to Low Rise Residential. It is of the opinion of this Committee that approval of this Amendment to the City's Municipal Plan is proper planning for the City. That the Regional Municipality of Waterloo be requested to modify Deferral 2b) to Map 4 - Transportation by deleting references to the eastern portion of the proposed major collector, identified as Collector Road "C" in the Huron Community Plan, and its intersection with Strasburg Road, while continuing the deferral on the portion of the collector road located between Biehn Drive and Strasburg Road, such that Deferral 2b) reads as follows: "2b) That the designation of the proposed northwest major collector road between Biehn Drive and the proposed extension of Strasburg Road (identified as Collector Road 'C' in the Brigadoon Community Plan) be deferred pending the completion of detailed environmental studies relating to the crossing of the open space area and the receipt of approvals from the Ministry of Natural Resources, the Grand River Conservation Authority, the Regional Municipality of Waterloo and the City of Kitchener." ii) That Map 4 - Transportation be modified by deleting reference to Deferral 2b) for the portion of the major northwest collector road located west of Strasburg Road and further, that this portion of the major collector be shown to align with the western portion of the major collector road east of Strasburg Road, all as shown on "Schedule A" attached. That Zone Change Application ZC 98/02/H/JG (Huron Road - 673099 Ontario Limited) requesting a change in zoning from Restricted Business Park (B-2); Restricted Business Park (B-2) with special use provision 211; Restricted Business Park (B-2) with special use provision 211 and special regulation provision 1R and property detail 17; and Hazard Land Zone (P-3) to Residential Zone (R-3); Residential Zone Four (R-4) with special regulation provision 341R; Residential Six Zone (R-6) with special regulation provision 342; 343, 344 and 345, Neighbourhood Institutional Zone (I-1) with special use provision 211; Public Park Zone (P-l); Open Space Zone (P-2); Hazard Land Zone (P-3); and Residential Three Zone (R-3) with holding provision [K (F) (R)] on lands legally described as Lots 148 to 160 inclusive, 162 and 163, and Part of Lots 176 and 177, Registered Plan 640; and Part of Lots 12 and 13, Biehn's Tract, be approved in the form shown on the attached by-law dated August 29, 2000, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with an Amendment (Huron Road - Strasburg Creek - South Branch Tributary) to the City's Municipal Plan. That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, Chapter P. 13 as amended, and delegation By-law 97-061, grant draft approval to Plan of Subdivision Application 30T-98201 in the City of Kitchener, for 673099 Ontario Ltd. subject to the following conditions: BPS-00-126 BPS-00-104 1. That this approval applies to Plan of Subdivision 30T-98201 for 673099 Ontario Ltd. as shown on the plan prepared by MacNaughton Hermsen Britton Clarkson Ltd. dated August 23, 2000 and as shown on the attached - ADDEMDUM TO BPS-00-104 HURON ROAD (SOUTH SIDE) WEST OF STRASBURG ROAD EXTENSION PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25, 2000 - 151 - CITY OF KITCHENER - MUNICIPAL PLAN AMENDMENT APPLICATION MP O01061SIJG - ZONE CHANGE APPLICATION ZC 981021HIJG SUBDIVSION APPLICATION 30T-98201 - 673099 ONTARIO LTD. - SOUTH WARD (CONT'D) Plan of Subdivision prepared by the City of Kitchener, dated August 25, 2000 which shows the following: Stage One Blocks 1-10 Block 11 Blocks 12, 13 Block 14 Blocks 15, 16 maximum 163 units single, semi, towns park landscaped buffer/community trail open space/stormwater management 0.3 metre reserve Stage Two Blocks 1-9 Blocks 10, 11 Blocks 12, 13 Block 14 Block 15 Block 16, 17 maximum 131 units single, semi, towns landscaped buffer/community trail open space walkway/emergency access temporary road 0.3 metre reserves Stage Three Blocks 1-7 Block 8 Blocks 9, 10 maximum 84 units single, semi, towns stormwater management 0.3 metre reserves Stage 4 Blocks 1-13 Blocks 14, 15 Block 16 Blocks 17, 18 Block 19 Block 20 Blocks 21-24 maximum 112 units single, semi, towns open space open space/stormwater management walkway service corridor temporary road 0.3 metre reserves Stage 5 Block 1-5 Block 6 Block 7 Block 8 maximum 50 units single, semi, townhouse stormwater management service corridor 0.3 metre reserve Stage 6 Blocks 1-6 Block 7 Block 8 Block 9 Block 10 Block 11 Block 12 maximum 133 units single, semi, townhouse elementary school site park open space/stormwater management walkway temporary road 0.3 metre reserve 2. CITY OF KITCHENER CONDITIONS That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions be contained therein: BPS-00-126 BPS-00-104 The Subdivider covenants and agrees: ADDEMDUM TO BPS-00-104 HURON ROAD (SOUTH SIDE) WEST OF STRASBURG ROAD EXTENSION PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25, 2000 - 152 - CITY OF KITCHENER - MUNICIPAL PLAN AMENDMENT APPLICATION MP O01061SIJG - ZONE CHANGE APPLICATION ZC 981021HIJG SUBDIVSION APPLICATION 30T-98201 - 673099 ONTARIO LTD. - SOUTH WARD (CONT'D) 51. That the final plans for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated August 25, 2000, providing that a plan showing lotting within any residential block shall be permitted as set out in Section 52 below, and/or minor changes to said plan, acceptable to the General Manager of Business and Planning Services and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. 52. a) Major changes to the plan or changes affecting the numbering of lots or blocks shall require Ministerial approval and an Amendment to this agreement; b) Changes to the plan solely for the purpose of showing the final lotting pattern of Iotless blocks shall require a Supplementary Agreement prior to the registration of the plan however, no further Ministerial approval shall be required. 53. To prepare a Lot Grading Control Plan to the satisfaction of the City's General Manager of Public Works in consultation with the City's General Manager of Community Services, Ontario Hydro and the Grand River Conservation Authority, prior to any grading or construction on site and prior to registration of any stage of the Plan. 54. Lot Grading Control Plans for open space and trail blocks, Blocks 12, 13 and 14 (Stage 1); Blocks 10, 11, 12, and 13 (Stage 2); Blocks 8 (Stage 3) and Blocks 14, 15 and 16 (Stage 4), Block 6 (Stage 5) and Block 9 (Stage 6) shall include a 4.0 metre wide area for future trail link purposes. 55. To prepare a detailed engineering design for stormwater management in accordance with the approved concept plan to the satisfaction of the City's General Manager of Public Works in consultation with the City's General Manager of Community Services and the Grand River Conservation Authority, prior to any grading or construction on the site and prior to the registration of any stage of the plan. The detailed stormwater management design shall be in keeping with all applicable stormwater management requirements and particularly, the Stormwater Management Concept as outlined in the Huron Road Environmental Implementation Report, North Draft Plan, Volume I and II, May 1999 prepared by Stantec Consulting Ltd.. Said design shall also include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on site throughout all phases of grading and construction. 56. In consideration of the wooded character of portions of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, the Subdivider shall comply with the following process in the development of the BPS-00-126 - ADDEMDUM TO BPS-00-104 BPS-00-104 HURON ROAD (SOUTH SIDE) WEST OF STRASBURG ROAD EXTENSION PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25, 2000 - 153 - CITY OF KITCHENER - MUNICIPAL PLAN AMENDMENT APPLICATION MP O01061SIJG - ZONE CHANGE APPLICATION ZC 981021HIJG SUBDIVSION APPLICATION 30T-98201 - 673099 ONTARIO LTD. - SOUTH WARD (CONT'D) 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 Director of Planning; b) that no area/rough grading shall occur on the lands until such time as all approved measures for protection of isolated trees, tree clusters and woodlands affected by such grading have been satisfactorily implemented and inspected by the City, and the Subdivider has received a written authorization from the City's General Manager of Public Works to proceed with said grading; c) 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 Plant 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 measure or tree replacements shall be approved by the City's Director of Planning and shall be satisfactorily implemented prior to occupancy of the units or, due to weather conditions, by the next planting season. BPS-00-126 - ADDEMDUM TO BPS-00-104 BPS-00-104 HURON ROAD (SOUTH SIDE) WEST OF STRASBURG ROAD EXTENSION PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25, 2000 - 154 - CITY OF KITCHENER - MUNICIPAL PLAN AMENDMENT APPLICATION MP O01061SIJG - ZONE CHANGE APPLICATION ZC 981021HIJG SUBDIVSION APPLICATION 30T-98201 - 673099 ONTARIO LTD. - SOUTH WARD (CONT'D) 57. The Subdivider shall have landscaped plans of the stormwater mangement facilities prepared by an environmental professional acceptable to the City's General Manager of Community Services prior to the registration of each stage of the Plan. The SUBDIVIDER shall install all landscaping of areas above the 5 year storm level 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 CITY's General Manager of Community Services. The SUBDIVIDER shall maintain the planting for a period of one year from the completion of final planting. 58. The SUBDIVIDER agrees to erect one or more information signs at the main entrance(s) of the subdivision prior to the CITY'S General Manager of Public Works accepting the stormwater management pond. The information sign shall detail the purpose of the pond and include the telephone number of the contact person for further information, all to the approval of the CITY'S General Manager of Community Services. 59. To obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration to Waterways Permit for the Huron Road culvert upgrade, creek crossings on the South Branch of Strasburg Creek by the internal roads, construction of the online facility and for the servicing crossing of Strasburg Creek. Such permit shall be obtained prior to on-site grading, the installation of services and prior to registration of the relevant stage(s) of the Subdivision Plan. 60. That the cost of constructing a hard surface on the community trails on Blocks 12, 13 and 14 (Stage 1) and Blocks 10, 11, 12 and 13 (Stage 2), Block 8 (Stage 3) and Blocks 14, 15 and 16 (Stage 4) is included in the City's Development Charge By-law 99-106, as amended, and as such, the City shall be responsible for 100% of the cost of these works. If sufficient money is not allocated from the appropriate City Development Charge Account(s) to permit the City to fund these works and the Subdivider wishes to proceed, the Subdivider agrees to provide and up-front the cost of these works. Accordingly, the City agrees to recognize any monies paid by the Subdivider for any works or services normally paid out of the City's Development Charge Account, with such monies representing a credit towards any City Development Charge payable for each lot or block only within the registered plan. Said credit shall be granted for that portion of the applicable Development Charge with respect to the community services required to be paid prior to the issuance of building permits for those lots or blocks identified by the Subdivider and included in a Supplementary Agreement with the City to be registered against the title of each identified lot or block. BPS-00-126 BPS-00-104 If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for which credits are payable shall be registered for each stage prior to the registration of each stage of the plan of subdivision, until there is no outstanding balance remaining. ADDEMDUM TO BPS-00-104 HURON ROAD (SOUTH SIDE) WEST OF STRASBURG ROAD EXTENSION PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25, 2000 - 155 - CITY OF KITCHENER - MUNICIPAL PLAN AMENDMENT APPLICATION MP O01061SIJG - ZONE CHANGE APPLICATION ZC 981021HIJG SUBDIVSION APPLICATION 30T-98201 - 673099 ONTARIO LTD. - SOUTH WARD (CONT'D) When no outstanding credit balance remains, then the Development Charges will be paid in the normal manner in accordance with the City's By-law. If, following the registration of the entire plan of subdivision and issuance of all building permits, there is any outstanding balance, it shall remain with the lands to be used as a credit for future development, or alternatively, the City shall enter into an agreement with the Subdivider, under Section 40 of the Development Charges Act, to enable the transfer of Development Charge credits to other benefiting lands within the community, subject to satisfactory arrangements being made between all parties. 61. That, within each stage, the final plan for registration shall show all lots intended for development as single detached, semi-detached or duplex dwellings and a supplementary agreement shall be registered for each stage prior to the registration of such stage. This condition shall not apply in the event that any stage of the plan is to be registered prior to approval of servicing plans. 62. That prior to the installation of services for the development of Iotless blocks, to submit a draft reference plan for each such lot or block, and obtain approval of the draft reference plan from the General Manager of Business and Planning Services, the General Manager of Public Works and Hydro's Engineer. 63. That the division of any lots or blocks by Part Lot Control shall be subject to compliance with the following requirements: i) The Subdivider shall submit a draft reference plan for each lot or block, and obtain approval of the draft reference plan from the City's General Manager of Business and Planning Services, the City's General Manager of Public Works and Hydro's Engineer; ii) The Subdivider shall pay all current outstanding taxes prior to the submission of a Part Lot Control Exemption By-law to the City's Council; iii) The draft reference plan approved above shall be deposited in accordance with the Land Titles Act and three copies submitted to the City's General Manager of Business and Planning Services; iv) The Subdivider shall receive final approval of a Part Lot Control Exemption By-law; v) No building permits shall be issued until steps i), ii), iii) and iv) above are completed and the layout shown on the registered reference plan is in compliance with the approved reference plan and the approved servicing and grading plans; BPS-00-126 vi) Any further division of lands to create additional building parcels shall require the submission of subsequent reference ADDEMDUM TO BPS-00-104 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25, 2000 - 156 - CITY OF KITCHENER BPS-00-104 HURON ROAD (SOUTH SIDE) WEST OF STRASBURG ROAD EXTENSION - MUNICIPAL PLAN AMENDMENT APPLICATION MP O01061SIJG - ZONE CHANGE APPLICATION ZC 981021HIJG SUBDIVSION APPLICATION 30T-98201 - 673099 ONTARIO LTD. - SOUTH WARD (CONT'D) plans to be approved in accordance with steps i), ii), iii) and iv) above. vii) Notwithstanding v) above, in the event that only one dwelling is to be constructed on a block in advance of final approval of a Part Lot Control Exemption By-law, in order to ensure that the proper and orderly ultimate development of the block is not compromised, the Subdivider agrees that prior to the issuance of any Building Permits: a) to submit a draft reference plan for each block, showing all required maintenance easements and eave encroachments if the lots or blocks are proposed for zero sideyard housing, and obtain approval of the draft reference plan from the General Managers of Business and Planning Services and Public Works and Hydro's Engineer; b) to obtain approval of lotting plans for each lot or block illustrating lotting, service connections, street utility hardware and proposed grades, together with building envelopes and driveway locations where required, in conformity with the approved draft reference plan as set out above, from the City's General Manager of Business and Planning Services. 64. That prior to the issuance of any building permits within each stage of the plan, the Subdivider shall install temporary street name signs in the subdivision at the cost of the Subdivider and to the satisfaction of the City's General Manager of Public Works. Such signs shall indicate that such roads are not assumed by the City and are to be used at one's own risk until assumed by the City. Upon written acceptance of the road by the City's General Manager of Public Works, the Subdivider shall arrange for the erection of permanent traffic control signs and devices in the subdivision, at the cost of the Subdivider and to the satisfaction of the City's General Manager of Public Works. Upon the installation of the permanent signs, the temporary signs are to be removed by the Subdivider. 65. That prior to the issuance of any building permits within the plan, the Subdivider acknowledges that new, realigned Huron Road shall be constructed and open to public vehicular traffic from its present terminus at Trillium Drive, to Strasburg Road. 66. Except as otherwise set out in Section 67 below, the Subdivider shall install sidewalks on both sides of all streets within the plan. BPS-00-126 67. To make satisfactory arrangements with the City's General Manager of Public Works, to upgrade Huron Road across the entire section abutting the subdivision prior to the issuance of any building permits within the plan. Such upgrades shall include, but not be limited to, a sidewalk of modified construction materials and design on the south ADDEMDUM TO BPS-00-104 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25, 2000 - 157 - CITY OF KITCHENER BPS-00-104 HURON ROAD (SOUTH SIDE) WEST OF STRASBURG ROAD EXTENSION - MUNICIPAL PLAN AMENDMENT APPLICATION MP O01061SIJG - ZONE CHANGE APPLICATION ZC 981021HIJG SUBDIVSION APPLICATION 30T-98201 - 673099 ONTARIO LTD. - SOUTH WARD (CONT'D) side of Huron Road, to be completed together with the construction of each of Stages 1 and 2, and left turning lanes on Huron Road as set out in the Huron Road Subdivision North Traffic Impact Review" prepared by Stantec Consulting Ltd and dated November, 1999, to be completed prior to the issuance of any building permits in Stage 1, all to the satisfaction of the City's General Manager of Public Works. 68. That the extension of the Strasburg Creek Trunk Sanitary Sewer from its present terminus to Huron Road is required for the development of this plan. It is acknowledged that these works, including design expenses, are included in the City's Development Charge By-law 99-106, as amended, and the City shall be responsible for 100% of the cost of these works. If sufficient money is not allocated from the appropriate City Development Charge Account(s) to permit the City to fund these works and the Subdivider wishes to proceed, the Subdivider agrees to provide and up-front the cost of these works. Accordingly, the City agrees to recognize any monies paid by the Subdivider for any works or services normally paid out of the City's Development Charge Account, with such monies representing a credit towards any City Development Charge payable for each lot or block only within the registered plan. Said credit shall be granted for that portion of the applicable Development Charge with respect to the engineering services required to be paid prior to the issuance of building permits for those lots or blocks identified by the Subdivider and included in a Supplementary Agreement with the City to be registered against the title of each identified lot or block. If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for which credits are payable shall be registered for each stage prior to the registration of each stage of the plan of subdivision, until there is no outstanding balance remaining. When no outstanding credit balance remains, then the Development Charges will be paid in the normal manner in accordance with the City's By-law. If, following the registration of the entire plan of subdivision and issuance of all building permits, there is any outstanding balance, it shall remain with the lands to be used as a credit for future development, or alternatively, the City shall enter into an agreement with the Subdivider, under Section 40 of the Development Charges Act, to enable the transfer of Development Charge credits to other benefiting lands within the community, subject to satisfactory arrangements being made between all parties. 69. That the subdivision shall be registered in six stages. The Subdivider agrees that the Plan of Subdivision shall be registered in accordance with the following special conditions: BPS-00-126 BPS-00-104 a) Stage 1 shall be registered first. ADDEMDUM TO BPS-00-104 HURON ROAD (SOUTH SIDE) WEST OF STRASBURG ROAD EXTENSION MUNICIPAL PLAN AMENDMENT APPLICATION MP O01061SIJG PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25, 2000 - 158 - CITY OF KITCHENER - ZONE CHANGE APPLICATION ZC 981021HIJG SUBDIVSION APPLICATION 30T-98201 - 673099 ONTARIO LTD. - SOUTH WARD (CONT'D) b) Stage 2 shall be registered concurrently with or subsequent to Stage 1; c) Stage 3 shall be registered concurrently with or subsequent to Stage 2; d) Stage 4 shall be registered concurrently with or subsequent Stage 3; e) Stage 5 shall be registered concurrently with or subsequent to Stage 4 f) Stage 6 shall be registered concurrently with or subsequent to Stage 4. 70. To dedicate, by plan registration, to the City of Kitchener, at no cost and free of encumbrances, all road widenings and public walkways upon registration of each stage of the plan of subdivision. 71. That construction traffic be restricted to using Huron Road between Fischer-Hallman Road and Strasburg Road and new, realigned Huron Road from Strasburg Road to Homer Watson Boulevard and prohibited from using all other internal residential streets in the community. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the subdivider being responsible for any required signage, all to the satisfaction of the General Manager of Public Works.. 72. That prior to the registration of Stage 1, the Subdivider shall register a supplementary easement in favour of Hydro One to ensure that the existing Hydro One facilities and easement rights are adequately protected. 73. That prior to the registration of Stage 2, the Subdivider shall provide a letter to the City's General Manager of Business and Planning Services from Hydro One indicating that satisfactory arrangements have been made for the granting of any required easements and for the crossings of Banffshire Street and Newcastle Drive over the Hydro One easement. 74. The Subdivider agrees that no sewer or water service shall be installed within 1.5 metres of the centre of a proposed submersible transformer vault or within 0.9 metres of a proposed electrical service stub and that no fire hydrant be installed within 3.0 metres of a proposed street light or hydro pole. The Subdivider shall be responsible for ensuring that these separation distances are maintained. BPS-00-126 BPS-00-104 75. That Stage 2 shall not be registered until a letter is received from Kitchener-Wilmot Hydro Inc. by the City's General Manager of Business and Planning Services indicating that no part of these lands is required for the construction of a transformer station. In the event Kitchener-Wilmot Hydro Inc. determines the need for part of Stage 2 for a transformer station, a modification to the plan shall be ADDEMDUM TO BPS-00-104 HURON ROAD (SOUTH SIDE) WEST OF STRASBURG ROAD EXTENSION MUNICIPAL PLAN AMENDMENT APPLICATION MP O01061SIJG PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25, 2000 - 159 - CITY OF KITCHENER - ZONE CHANGE APPLICATION ZC 981021HIJG SUBDIVSION APPLICATION 30T-98201 - 673099 ONTARIO LTD. - SOUTH WARD (CONT'D) required to reflect this change. 76. To convey to the City of Kitchener the following lands for the purposes stated therein, at no cost and free of encumbrances, concurrently with the registration of each stage of the subdivision plan: Stage One: (a) Block 11, for park, (b) Blocks 12 and 13 for landscaped buffer/community trail (c) Block 14 for open space/stormwater management, (d) Blocks 15 and 16 for 0.3 metre reserves. Stage Two: (a) Blocks 10, 11 for landscaped buffer/community trail (b) Blocks 12 and 13 for open space (c) Blocks 16 and 17 for 0.3 metre reserves Stage Three: (a) Block 8, for stormwater management (b) Blocks 9 and 10 for 0.3 metre reserves Stage (a) (b) (c) (d) Four: Blocks 14, 15 for open space Block 16 for open space/stormwater mangagement Block 19 for a service corridor Blocks 21-24 for 0.3 metre reserves Stage (a) (b) (c) Five: Block 6 for stormwater management Block 7 for service corridor Block 8 for a 0.3 metre reserve Stage (a) (b) (c) Six: Block 8 for park Block 9 for open space/stormwater management Block 12 for 0.3 metre reserve 77. 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, the completion of the road works and the opening of roads to vehicular traffic, to the satisfaction of the City's General Manager of Public Works. Reserves are not required between abutting stages registered concurrently. 78. That the 5% parkland dedication shall be 2.28 hectares, which shall be satisfied by both the conveyance of Block 11 of Stage 1 ( 0.566 hectares) concurrently with the registration of Stage 1, as well as Block 8 of Stage 6 (2.132 hectares) concurrently with the registration of Stage 6, all at no cost and free of encumbrance. BPS-00-126 - ADDEMDUM TO BPS-00-104 BPS-00-104 HURON ROAD (SOUTH SIDE) WEST OF STRASBURG ROAD EXTENSION PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25, 2000 - 160 - CITY OF KITCHENER - MUNICIPAL PLAN AMENDMENT APPLICATION MP O01061SIJG - ZONE CHANGE APPLICATION ZC 981021HIJG SUBDIVSION APPLICATION 30T-98201 - 673099 ONTARIO LTD. - SOUTH WARD (CONT'D) 79. To identify concrete transit pads at all planned transit stop locations on the engineering servicing drawings to the satisfaction of the City's General Manager of Public Works, in consultation with the Regional Municipality of Waterloo, prior to the City's release of each stage of the Plan of Subdivision for registration. The Subdivider shall be responsible for the installation of said concrete transit pads at the time of sidewalk installation within each stage of the plan of subdivision. 80. 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. 81. To fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod Blocks 11-14 Stage 1; Block 10-13 (Stage 2); Block 8 (Stage 3); Blocks 14-16 (Stage 4); Block 6 (Stage 5); Blocks 8 and 9 (Stage 6) to the satisfaction of the General Manager of Community Services. 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 Community Services. 82. The Subdivider agrees to install a 1.2 metre high paige wire fence or alternative marking system along those property lines abutting Blocks 11 and14 (Stage 1); Blocks 12 and 13 (Stage 2); Block 8 (Stage 3); Blocks 14, 15 and 16 (Stage 4); Block 6 (Stage 5) and Block 8 (Stage 6) to the satisfaction of the General Manager of Community Services. 83. Prior to the registration of any stage, the Subdivider agrees to submit landscaping/design drawings for the open space/trail areas on Blocks 12 and 13 and part of 14 (Stage 1) and 10, 11 (Stage 2) and to obtain approval from the City's General Manager of Community Services in consultation with the General Managers of Business and Planning Services and Public Works of such design. The design shall show the following: BPS-00-126 BPS-00-104 a) landscaping equivalent to a 4.6 metre wide landscaped strip to buffer abutting residential lots from Huron Road, together with a 1.8 metre high chain link fence, the incorporation of natural heritage feature such as stumps relocated from within the plan, and suitable trail connections to the ADDEMDUM TO BPS-00-104 HURON ROAD (SOUTH SIDE) WEST OF STRASBURG ROAD EXTENSION PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25, 2000 - 161 - CITY OF KITCHENER - MUNICIPAL PLAN AMENDMENT APPLICATION MP O01061SIJG - ZONE CHANGE APPLICATION ZC 981021HIJG SUBDIVSION APPLICATION 30T-98201 - 673099 ONTARIO LTD. - SOUTH WARD (CONT'D) sidewalk. b) the detailed location of the historic foundation identified in the archaeological assessment prepared by Archeaologix Inc. and design the trail and landscaping so as not to interfere with the found locations. c) appropriate locations for interpretive/historic signage marking the history of the Huron Road and of the original settlement. The approved plan shall be implemented at the cost of the developer at the same time as the construction of the sidewalk on the south side of Huron Road, as set out in Section 67. 84. The Subdivider agrees to grant to the City, a conservation easement, to be approved by the City Solicitor, over the rear portion of Block 3 (Stage 6) and part of Block 4 (Stage 6) for a minimum distance from the rear lot lines of 11.5 metres along the south side of Glentress Crescent and a minimum of 13.5 metres along the westerly side of Glentress Crescent. The detailed location of the easement shall take into account the curvature of the road and take into consideration the data and analysis contained in the Detailed Vegetation Overview, to optimize woodland conservation. The detailed boundaries of the easement shall be particularly described on a reference plan prepared by the Subdivider at no cost to the City, to be approved by the City's General Manager of Business and Planning Services prior to the registration of Stage 6. Said plan shall be registered immediately concurrently with Stage 6 of the Subdivision Plan. 85. That Block 7 (Stage 6) be reserved for the Public School Board. The Subdivider agrees to provide to the City's General Manager of Business and Planning Services prior to the registration of Stage 6, a letter from the Board indicating that satisfactory arrangements have been made to acquire Block 7 (Stage 6) for school purposes. 86. The Subdivider agrees to submit a plan for the approval of the City's General Manager of Business and Planning Services, a plan showing the pairing of driveways for those lots having widths of 10.9 metres or less, or as otherwise approved by the General Manager of Business and Planning Services prior to the registration of each stage. BPS-00-126 87. The Subdivider agrees to construct a temporary road over Block 15 (Stage 2), Block 20 (Stage 4) and Block 11 (Stage 6) to the satisfaction of the City's General Manager of Public Works in accordance with the requirements set out in the City's Subdivision manual, at the cost of the Subdivider. The Subdivider hereby grants irrevocable licenses to the City for the lands on which the temporary access roads will be located, which the City will release when the roads are no longer required. The temporary access roads shall remain in place until a second means of access is available as determined by the City's General Manager of Public Works, after which the Subdivider agrees to remove them to the satisfaction of the City's General Manager of Public Works. ADDEMDUM TO BPS-00-104 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25, 2000 - 162 - CITY OF KITCHENER BPS-00-104 HURON ROAD (SOUTH SIDE) WEST OF STRASBURG ROAD EXTENSION - MUNICIPAL PLAN AMENDMENT APPLICATION MP O01061SIJG - ZONE CHANGE APPLICATION ZC 981021HIJG SUBDIVSION APPLICATION 30T-98201 - 673099 ONTARIO LTD. - SOUTH WARD (CONT'D) 88. That the names of the streets within the plan shall be those shown on the Plan of Subdivision. 89. That staging and phasing be established to the satisfaction of the City's General Managers of Business and Planning Services and Public Works. Any necessary facilities such as temporary roads and temporary turning circles shall be shown on all engineering drawings, to the satisfaction of the City's General Manager of Public Works. 90. That the following clause shall be included in all Offers of Purchase and Sale agreements respecting those portions of Blocks 1, 9 and 10 (Stage 1) within 27 metres of Huron Road, and Blocks 1 and 2 (Stage 2) (lots backing onto Huron Road): "Due to its proximity to Huron Road, projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause some concern to some individuals. Moreover, this dwelling has been fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants." 91. That the following clause shall be included in all Offers of Purchase and Sale Agreements respecting Block 2 (Stage 1) and Block 1 (Stage 5) (lots backing onto Strasburg Road): "Due to its proximity to Strasburg Road, projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause some concern to some individuals." 92. That the following clause shall be included in all Offers of Purchase and Sale Agreements respecting those portions of Block 6 (Stage 3) (lots within 24 metres of Strasburg Road): "Due to its proximity to Strasburg Road, projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause some concern to some individuals. Moreover, this dwelling has been fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants." 93. That the City's Standard Residential Subdivision Condition 41 setting out the subdivision sign content be modified to require that all potential transit routes be shown on the sign. 94. That Deferral 2b) to the City's Municipal Plan be resolved relative to the collector road identified as Collector Road "C" in the Huron Community Plan and shown as Rockcliffe Drive in the plan subdivision, prior to the registration of any stage of the Plan. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS 1. BPS-00-126 - ADDEMDUM TO BPS-00-104 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25, 2000 - 163 - CITY OF KITCHENER BPS-00-104 HURON ROAD (SOUTH SIDE) WEST OF STRASBURG ROAD EXTENSION - MUNICIPAL PLAN AMENDMENT APPLICATION MP O01061SIJG - ZONE CHANGE APPLICATION ZC 981021HIJG SUBDIVSION APPLICATION 30T-98201 - 673099 ONTARIO LTD. - SOUTH WARD (CONT'D) That the Subdivider satisfy the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning and Culture: That the owner agrees to stage the development of this subdivision in a manner satisfactory to the Regional Commissioner of Engineering. That the plan submitted for final approval may incorporate a lot pattern for all blocks in which zoning permits single detached and semi- detached lots, at a density not exceeding the density identified in the draft approval conditions. a) That the owner enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Engineering shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. b) That the owner include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfilment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered." That the Subdivision agreement be registered by the City against the land to which it applies and a copy of the registered agreement forwarded to the Regional Commissioner of Planning and Culture prior to final approval of the subdivision plan. That prior to final approval, the Regional Commissioner of Engineering must be satisfied that static hydraulic pressures are sufficient to service this development and provide necessary flows under all conditions. 6. That prior to any grading or construction, and final approval of all or BPS-00-126 - ADDEMDUM TO BPS-00-104 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25, 2000 - 164 - CITY OF KITCHENER BPS-00-104 HURON ROAD (SOUTH SIDE) WEST OF STRASBURG ROAD EXTENSION - MUNICIPAL PLAN AMENDMENT APPLICATION MP O01061SIJG - ZONE CHANGE APPLICATION ZC 981021HIJG SUBDIVSION APPLICATION 30T-98201 - 673099 ONTARIO LTD. - SOUTH WARD (CONT'D) any part of the draft plan of Subdivision, a consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site, at the expense of the owner. To construct a temporary transit turnaround at the end of Tartan Avenue to the satisfaction of the Regional Commissioner of Planning and Culture. 4. OTHER AGENCY CONDITIONS That prior to the commencement of any grading or construction on the site, and prior to registration of any stage of the plan, the owner shall submit the following plans and reports to the satisfaction and approval of the Grand River Conservation Authority: a) A detailed Stormwater Management Report and Plan in accordance with the 1994 Ministry of the Environment and Energy Report entitled "Stormwater Management Practises Planning and Design Manual" and in keeping with the Stormwater Management Concept as outlined in the Huron Road Environmental Implementation Report, North Draft Plan, Volume I and II dated May, 1999 prepared by Stantech Consulting Ltd. b) A Lot Grading Plan showing conceptual grading and drainage system including the limits of all grading and drainage as well as existing and proposed grades. c) An Erosion and Siltation Control Brief and Plan(s) in accordance with the Grand River Conservation Authority's Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. d) An application for Fill, Construction and Alteration to Waterways Permit pursuant to Ontario Regulation 149 as amended by 69/93 and 669/94 and 142/98 for the Huron Road culvert upgrade, stream crossings by the internal roads, construction of the on-line stormwater management facility and for the servicing crossing of Strasburg Creek. 5. CLEARANCE CONDITIONS That prior to the signing of the final plan, the City's General Manager of Business and Planning Services is to be advised that Conditions 3.1-3.7 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region to the City shall include a brief statement detailing how each condition has been satisfied. That prior to the signing of the final plan, the City's General Manager of Business and Planning Services is to be advised that 1. BPS-00-126 - ADDEMDUM TO BPS-00-104 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25, 2000 - 165 - CITY OF KITCHENER BPS-00-104 HURON ROAD (SOUTH SIDE) WEST OF STRASBURG ROAD EXTENSION - MUNICIPAL PLAN AMENDMENT APPLICATION MP O01061SIJG - ZONE CHANGE APPLICATION ZC 981021HIJG SUBDIVSION APPLICATION 30T-98201 - 673099 ONTARIO LTD. - SOUTH WARD (CONT'D) Condition 4.1 has been carried out to the satisfaction of the Grand River Conservation Authority. The clearance letter from the Grand River Conservation Authority to the City shall include a brief statement detailing how the condition has been satisfied 6. NOTES The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality of Waterloo adopted in accordance with the Development Charges Act (Bill 98) apply to this draft approval. The final plans for registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning Departments of any changes in ownership, agent, address and phone number. Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a reference plan showing the lands to be registered that are affected by the agreement and the conditions to be covered by the agreement should be provided. The fees for the preparation and registration of this agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and $50.00 respectively. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-law 96-025, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. BPS-00-126 8. The proposed sanitary sewage collection system meets definition of a "sewage works' as defined in the Ontario Water ADDEMDUM TO BPS-00-104 the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25, 2000 - 166 - CITY OF KITCHENER BPS-00-104 HURON ROAD (SOUTH SIDE) WEST OF STRASBURG ROAD EXTENSION - MUNICIPAL PLAN AMENDMENT APPLICATION MP O01061SIJG - ZONE CHANGE APPLICATION ZC 981021HIJG SUBDIVSION APPLICATION 30T-98201 - 673099 ONTARIO LTD. - SOUTH WARD (CONT'D) Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). 10. The owner/developer is advised that draft approval is not a commitment by the Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with the Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Engineering to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. 11. To ensure that a Regional Release is issued by the Regional Commissioner of Planning and Culture to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered , and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. 12. When the survey has been completed and the final plan prepared, to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the City of Kitchener and applicable clearance agencies that the necessary arrangements have been made, the City's General Manager of Business and Planning Services will endorse the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One (1) original mylar PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25, 2000 - 167 - CITY OF KITCHENER 1. BPS-00-126 BPS-00-104 - ADDEMDUM TO BPS-00-104 HURON ROAD (SOUTH SIDE) WEST OF STRASBURG ROAD EXTENSION - MUNICIPAL PLAN AMENDMENT APPLICATION MP O01061SIJG - ZONE CHANGE APPLICATION ZC 981021HIJG SUBDIVSION APPLICATION 30T-98201 - 673099 ONTARIO LTD. - SOUTH WARD (CONT'D) Four (4) mylar copies Four (4) white paper prints" ZELLER DRIVE - NEW ELEMENTARY SCHOOL SITE PLAN RE: NEIGHBOURHOOD CONCERNS Mr. Robert Bentley appeared as a delegation on behalf of Susan Court residents to express their concerns relative to the site plan of a new school opening in September 2001 on Zeller Drive. Correspondence dated September 17, 2000 signed by residents was distributed in this regard. He advised that a number of residents had been asking the school board for a site plan for some time and finally received it less than 10 days ago. Their concern relates to the proximity of the building to adjacent residences and more specifically to the area between the school and the residences being used as a laneway and parking lot. He noted that rough grading of the site has commenced and residents wish to propose some recommendations to revise the site plan. They request the garbage disposal area and recycling bins be shifted away from the ESPA to another location. On the issue of proximity to residences, they had concerns about noise, security lighting and the amount of pavement and the lack of privacy resulting from the laneway and parking lot. They also have concern pertaining to a walkway from Susan Court that accesses the school's property and are of the opinion vehicular traffic on their street will increase with students being dropped off at the walkway access. Mayor C. Zehr advised that a meeting between Council and School Board Representatives was being scheduled for next Monday afternoon to discuss this issue. He asked that appropriate staff familiarize themselves with the matter so as to provide comment at that meeting. In response to Councillor B. Vrbanovic, Mr. B. Stanley provided an explanation of the site plan approval process which has been delegated to staff by Council and referenced legal issues involved. Councillor Vrbanovic requested that Mr. Stanley discuss the process with legal staff as to whether there was the possibility of obtaining some public input during the process. Mr. Stanley noted that there appears to be more conflict over school sites and adjacent residences as school sites shrink and fewer joint school - park sites develop as compared to past years. Councillor Jake Smola questioned if zoning could be utilized to address the type of problem at hand and Mr. Stanley agreed that staff could consider his suggestion. 3. BPS-00-124 REGIONAL GROUND WATER PROTECTION STRATEGY The Committee was in receipt of Business and Planning Services staff report BPS-00-124 dated September 19, 2000 prepared as a response to the Draft Regional Official Policies Plan Amendment - Regional Groundwater Protection Strategy. Staff request that Council re-affirm its request to Regional Council to defer adoption of an amendment which would restrict existing non- residential land uses in existing non-residential identified areas having sensitive groundwater resources, until such time as implementation strategies have been considered in more detail. It was noted in the report that since the passing of Council's original resolution there have been no obvious attempts by the Region to address the City's concerns. Mr. G. Borovilos provided an explanation of staff's concern as outlined in the report. Mayor C. Zehr advised that an updated report on this matter was just dealt with at the Region's Planning and Culture Committee. He commented on the dilemma relating to this issue as it pertains to the request for deferral as opposed to the need to obtain certainty for business owners. Mr. B. Stanley explained the suggested two-phase approach noting that greenfield development could move forward but existing sites should be deferred and policies should be phased in. BPS-00-124 REGIONAL GROUND WATER PROTECTION STRATEGY (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25, 2000 - 168 - CITY OF KITCHENER On motion by Mayor C. Zehr - It was resolved: "That Kitchener City Council reaffirm and reiterate their request to Regional Council to defer adoption of an amendment (or part thereof) to establish policies in the Regional Official Policies Plan which restrict existing non-residential land uses in existing non- residential identified areas having sensitive groundwater resources, until time as implementation strategies have been considered in more detail." PRESENTATION - BUSINESS / MARKETING PLAN FOR ECONOMIC DEVELOPMENT DIVISION Mr. G. Borovilos provided the Committee with a presentation of a Business Marketing Plan for the Economic Development Division. Utilizing the overhead projection system he commented on the following issues: strategic directions, organizational structure, trends, SWOT analysis, mission statement, core activities and relationship with the CTT. Various publications and handouts were circulated in support of his presentation. Following Committee consideration, it was suggested he make a similar presentation at a future televised Council meeting. BPS-00-127 FILM & TELEVISION STRATEGY FOR KITCHENER-WATERLOO AND AREA The Committee was in receipt of Business and Planning Services staff report BPS-00-127 dated March 2, 2000 dealing with a Film and Television Strategy for Kitchener-Waterloo and Area. Mr. T. Fox appeared in support of the report and displayed the 'Amanda Marshal' video that was filmed in Kitchener. He noted that following shooting of this video and Robocop segments in Kitchener, staff had met with the Ontario Film Development Corporation and other parties to discuss how to facilitate future productions both in the City and within the Region. Mr. Fox then provided a presentation of the K-W and Area Film and Television Strategy utilizing the overhead projection system in the Council Chamber. The following issues were raised: · Benefits of hosting film shoots · Negative aspects · Three main factors of importance to the industry, being the 'look', convenience and cost · Film friendly criteria · Goals - attraction of more films by making the Regional area more film friendly · Objectives - establishment of a K-W and Area film and television office · Partners - City of Waterloo, Region of Waterloo and four area Townships · Film and Television Office method of operations · Appointment of film liaison officers within each Municipality · Policies and procedures · Location assistance · Support services · Production services product (film guide, location library, web site) · Marketing and liaison · Partnership proposal ($20, 000. budget) Following Mr. Fox's presentation, it was requested that he make a similar presentation at the October 2, 2000 Council meeting. On motion by Councillor B. Vrbanovic - It was resolved: "That Council provide approval, in principal, to pursue a Kitchener-Waterloo and Area film and television partnership with the municipalities within Waterloo Region and that Council direct staff to draft the necessary policy, procedure and amendments to any by-laws to make Kitchener a more film-friendly jurisdiction for the film industry, and that these draft by- law amendments be presented to Council under a separate report for Council's BPS-00-127 FILM & TELEVISION STRATEGY FOR KITCHENER-WATERLOO AND PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 25, 2000 AREA (CONT'D) consideration at a later date." 6. ADJOURNMENT On motion, the meeting adjourned at 6:50 p.m. - 169 - CITY OF KITCHENER L.W. Neil, AMCT Assistant City Clerk