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HomeMy WebLinkAboutCouncil Minutes - 2004-08-16 SSPECIAL COUNCIL MINUTES AUGUST 16, 2004 CITY OF KITCHENER A special meeting of City Council was held at 5:11 p.m. this date, Chaired by Mayor C. Zehr and with all members present except Councillor B. Vrbanovic. Notice of this special meeting had been previously given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. Council considered three business licence applications, two of which arose from in-camera discussion of June 29, 2004. Moved by Councillor M. Galloway Seconded by Councillor G. Lorentz "That Kirby Pitt, employed at 1412 Victoria Street North, Kitchener (Ruby's) be granted a 2004 Adult Entertainment Parlour Attendant Licence." - and - "That a 2004 Permanent Vendor / Place of Refreshment Licence be granted to John Guy, to operate a business known as Pepi's Pizza at 87 Water Street North." - and - "That Amanda King, employed at 1412 Victoria St. N., Kitchener, (Ruby's) be granted a 2004 Adult Entertainment Parlour Attendant Licence." Carried. Council considered Corporate Services Department report CRPS-04-152 (L. MacDonald), dated August 11, 2004, recommending the execution of documentation for the Kitchener Public Library / Country Hills Library Branch. The report was deferred and referred by the Finance and Corporate Services Committee at its meeting held earlier this date to allow time for the circulation of the proposed agreement to members of Council. Councillor J. Gazzola raised a concern regarding the amount of time Council has had to review the agreement and suggested that the matter be deferred to the August 30, 2004 Council meeting. Mayor C. Zehr advised that he has received information that the City Solicitor is satisfied with the agreement and pointed out that the opening of the Library branch is scheduled for August 31st, therefore, deferring the matter may jeopardize the scheduled opening. Councillor M. Galloway advised that with the exception of the term of the lease, the agreement was the same as those used in previous agreements between the Library Board and the School Boards. S. De Moree, Assistant City Solicitor, advised that the City Solicitor had some concerns with the original agreement but that these concerns have been addressed. Moved by Councillor M. Galloway Seconded by Councillor J. Smola "That the Kitchener Public Library Board be permitted to execute a Shared Venture/Shared Use Agreement, and a Use and Operation Agreement with the Waterloo Catholic District School Board for the construction of and operation of a shared library facility on the Waterloo Catholic School Board lands, for the purposes of providing a large school library and learning resource space for the Catholic School Board and a community public library for the Library Board in Country Hills located at 1500 Block Line Road, Kitchener; and further, That the Mayor and Clerk be authorized to execute any intervention documentation satisfactory to the City Solicitor, acknowledging the City of Kitchener and Kitchener Public Library Board's involvement in this shared venture." Carried. Councillor J. Gazzola noted that he was not opposed to the agreement but was opposed to dealing with the matter at this time, therefore, he did not support the motion. SPECIAL COUNCIL MINUTES AUGUST 16, 2004 - 277 - CITY OF KITCHENER Council then considered a recommendation arising from the Finance and Corporate Services Committee meeting this date with respect to the declaration of a portion of Metz Park as surplus to the City's needs. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That a portion of Motz Park, described as Part of Block Line Road (Closed by By-law No. 4693) being Part of Lot 51, German Company Tract, and Part of Bechtel's Tract, (also known as Part of Lot 147, Streets and Lanes) located in the northeast corner of the Metz Park property at the corner of Fairway Road and Wabanaki Drive, in the City of Kitchener, be declared surplus to the City's needs; and further, That the City accept a revised offer from Kitchener-Wilmot Hydro Inc., in a form and content satisfactory to the City Solicitor, to purchase Part of Block Line Road (Closed by By-law No. 4693) being Part of Lot 51, German Company Tract, and Part of Bechtel's Tract, (also known as Part of Lot 147, Streets and Lanes) along with those lands set out in Council's resolution of February 16, 2004 at the appraised value of $800,000." Carried. Council considered two recommendations arising from the Finance and Corporate Services Committee meeting this date regarding requests for exemption from Chapter 450 (Noise) of the Municipal Code to allow power washing in the Downtown area and power washing of various bus terminals. Moved by Councillor M. Galloway Seconded by Councillor G. Lorentz "That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to allow the Community Services Department, through an independent contractor, to undertake cleaning of the sidewalks in the Downtown Core between the hours of 10 p.m. and 6 a.m. on various dates between August 23rd and 25th, 2004." - and - "That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to allow the Grand River Transit and their contractor to conduct power-washing of the bus terminals located at 700 Strasburg Road, 875 Highland Road West and 2960-3050 Kingsway Drive, from August 23 to August 26, 2004, between the hours of 10 p.m. and 6 a.m." Carried. Council considered three recommendations arising from the Finance and Corporate Services Committee meeting this date with respect to the Grand River Business Park and the extension of Shirley Avenue. Moved by Councillor M. Galloway Seconded by Councillor J. Smola "That the 'Grand River Business Park - Shirley Drive Extension' business case be approved; and further, That capital funding estimated at $648,510 be approved for the construction of the portion of Shirley Drive through Registered Plan 1677." - and - "That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor for the provision of professional engineering services made between the City of Kitchener and MTE Consultants Inc, regarding the extension of Shirley Drive in the Grand River Business Park." SPECIAL COUNCIL MINUTES AUGUST 16, 2004 - 278 - CITY OF KITCHENER - and - "That the subdivision agreement between the Corporation of the City of Kitchener and Bryson Fraser Kearns and Theodore Andrew Witzel be amended to provide for the following: Construction of Shirley Drive, including the installation of hydro, water and storm sewer service, through Phase 2 of Registered Plan 1677 by the City, with the costs of such road and services construction to be repaid to the City, together with interest, proportionately according to lot frontage, upon the application for building permit for the lots fronting on Shirley Drive being Lots 1, 2, 11, 12, 13, 32 to 37 inclusive; 2) Lots 1, 2, 11, 12, 13, 32 to 37 inclusive shall be serviced with municipal water, storm and sanitary sewer services with the costs of all laterals to be paid by the owner; 3) That building permits may be issued for Lots 1, 2, 11, 12, 13, 32 to 37 inclusive prior to the completion of Shirley Drive through abutting lands to the west provided the temporary emergency access across the westerly limit of Lot 41 from Shirley Drive to Victoria Street is maintained. 4) Any other administrative terms and conditions required to give effect to subparagraphs (a), (b) and (c) to the satisfaction of the City Solicitor; and, That the Mayor and Clerk be authorized to execute an amendment to the subdivision agreement and such other documentation, as approved by the City Solicitor; and, That Lots 1, 2, 11, 12, 13, 32 to 37 inclusive on Registered Plan 1677 be exempt from the requirements of Council's Emergency Access Policy to permit their development prior to completion Shirley Drive through the abutting lands to the west of Registered Plan 1677; and further, That the City agree to include in its tender for construction of the road and municipal services, grading of the Subdivider's lots on condition that the Subdivider is solely responsible for the design, specifications and costs of such work; with the Mayor and Clerk being authorized to execute an agreement with the Subdivider to confirm their obligations in this regard, on terms and conditions satisfactory to the City Solicitor." Carried. Council was in receipt of Corporate Services Department report CRPS-04-145 (J. Koppeser), dated August 6, 2004, recommending no objection to the issuance of a Provincial Lottery Licence to Kitchener-Waterloo Oktoberfest. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to Kitchener-Waterloo Oktoberfest to hold a Fair or Exhibition Gaming Event from October 8 to October 16, 2004 at Bingeman's Marshall Hall, 425 Bingeman Centre Drive, Kitchener." Carried. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That an in-camera meeting of City Council be held immediately following this special meeting to consider three personal matters and three matters subject to solicitor-client privilege." Carried. The meeting then recessed and reconvened at 10:15 p.m. chaired by Mayor C. Zehr with all members present except Councillor B. Vrbanovic. AUGUST 16, 2004 SPECIAL COUNCIL MINUTES - 279 - CITY OF KITCHENER Council considered two matters arising from the in-camera session held this date regarding applications for business licences. Moved by Councillor M. Galloway Seconded by Councillor G. Lorentz "That a 2004 Permanent Vendor licence be granted to Patrick Burgess, to operate a business known as 'BC Flooring Installations'." - and - "That a 2004 Permanent Vendor licence be granted to Dennis Landry, to operate a business known as 'Landry Deck & Fence'." Carried. Council considered a recommendation arising from the Development and Technical Services Committee meeting held this date with respect to a noise by-law exemption to facilitate municipal servicing on the Strasburg Road Extension. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the City of Kitchener and its contractor(s) be exempt from the provisions of Chapter 450 for the Huron Woods Subdivision - Stage 1, Municipal Servicing and Roadworks. The request for the exemption is between the hours of 7:00 p.m. to 7:00 a.m. for a full seven (7) days and then intermittently over the time frame from August 9 to September 30, 2004." Carried. Council then considered a recommendation arising from the Development and Technical Services Committee meeting held this date with respect to Plan of Subdivision 30T-00201 and Zone Change Application ZC 00/11/W/JW submitted by 583018 Ontario Limited. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway That Council endorse the continued effort to have the "Fung" woodlot in the northeast corner of the lands legally described as Part of Lot 13, R.P. 591, in the City of Kitchener, and identified within Block 5 (Stage 1) of draft plan of subdivision 30T-00201, conveyed into public ownership. That an exemption from the City of Kitchener Street Naming Policies (Policy 2.7), Council adopted June 29, 2004, to permit a street to change names when crossing a collector road instead of an arterial road, be approved. The two occurrences are Sims Estate Drive changing to Edgewater Crescent at Tremaine Drive and William Lewis Street changing to Janine Street at Tremaine Drive. That Zone Change Application ZC 00/ll/W/JW requesting a change in zoning from Agricultural (A-l), Agricultural (A-l) with special regulation provision 1R, Residential Four Zone (R-4), Arterial Commercial Zone (C-6) with special regulation provision 91R and Hazard Land Zone (P-3) to Residential Three (R-3), Residential Three (R-3) with revised special regulation provision 175R, Residential Four (R-4), Residential Six (R-6), Residential Six (R-6) with special use provision 322U, Residential Six (R-6) with special use provision 324U, Residential Six (R-6) with special regulation provision 381R, Public Park (P-l), Open Space (P-2), Hazard Land (P-3) and the addition of Property Detail Schedule No. 22, on lands legally described as Part of Lots 117, 118 and 124 German Company Tract, and Part of Lots 12 and 13, R.P. 591, City of Kitchener, be approved in the form shown in the attached "Proposed By-law", dated August 6, 2004, without conditions. SPECIAL COUNCIL MINUTES AUGUST 16, 2004 - 280 - CITY OF KITCHENER 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-00201, in the City of Kitchener, for 583018 Ontario Limited, subject to the following conditions: That this approval applies to Plan of Subdivision 30T-00201 for 583018 Ontario Limited as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated August 6, 2004, which shows the following: Stage 1 Blocks 1-3 Blocks 4, 5 Block 6 Block 7 Type Maximum # Units Singles/Semis/Street Townhouses - 33 units Multiple Dwellings - 88 units Open Space 0.3m Reserve Stage 2 Lots 1-144 Blocks 145-155 Blocks 156-161 Block 162 Blocks 163-165 Blocks 166, 167 Block 168 Blocks 169-172 Block 173 Type Single Detached Dwellings Single/Semi Detached Dwellings Single Detached Dwellings Multiple Dwellings Neighbourhood Park Open Space Open Space / Stormwater Management Public Walkway 0.3m Reserve Maximum # Units - 144 units - 129 units - 49 units - 3 units Total Residential 446 units 2. CITY OF KITCHENER CONDITIONS: 2.1 That the Mayor and Clerk be authorized to sign a City Standard Residential Subdivision Agreement, satisfactory to the City Solicitor, with the SUBDIVIDER, regarding the lands shown outlined on the attached Plan of Subdivision dated August6, 2004 and which shall contain the following special conditions: Section 3 Prior to Servicing 3.16 The SUBDIVIDER agrees that the development of the subdivision may proceed in 2 stages, as follows: a) b) Stage 1 may register concurrently with or at any time subsequent to the registration of the adjacent plan of subdivision 30T-97014 (Lyndale Estates Limited); and Stage 2 is not dependent upon the registration of Stage 1, but must register concurrently with the appropriate stage of the adjacent plan of subdivision 30T-00204 (Valleyview Heights (St. Jacob's) Limited). 3.17 The SUBDIVIDER shall make satisfactory financial arrangements with the City's Director of Engineering Services for the construction of a 1.5 metre wide concrete sidewalk from the north side of Tremaine Drive at Fairway Crescent to connect to the Fairway Road/Fairway Crescent/Lackner Boulevard intersection and for a 1.5 metre wide concrete sidewalk along the Fairway Road frontage of Stage 1. 3.18 The SUBDIVIDER shall make arrangements to provide any sanitary servicing extensions, including any required easements, to service Plan of Subdivision 30T-00204 (Valleyview Heights (St. Jacob's) Limited), and if necessary, to service the adjacent commercial lands to the immediate northwest of the subdivision on the south side of Fairway Road (583018 Ontario Ltd.) to the satisfaction of the CITY's Director of Engineering Services. Section 4 Prior to the Issuance of Building Permits SPECIAL COUNCIL MINUTES AUGUST 16, 2004 - 281 CITY OF KITCHENER 4.22 4.23 The SUBDIVIDER agrees that, notwithstanding any security arrangements, no building permits shall be applied for or issued for a dwelling on any lands within the subdivision until the sanitary pumping station, forcemain and their related appurtenances are constructed and operational to the satisfaction of the CITY'S Director of Engineering Services, and have been accepted by the City. However, conditional building permits may be issued if the sanitary pumping station is substantially complete to the satisfaction of the CITY'S Director of Engineering Services, in which case no occupancy of any dwelling shall be permitted prior to acceptance of such works. The SUBDIVIDER agrees to undertake any measures required to ensure proper water pressure to all lots and blocks within the proposed development, to the satisfaction of the CITY'S Director of Engineering Services or Chief Building Official. The SUBDIVIDER further agrees to include water pressure reduction devices for each dwelling unit with a finished floor elevation lower than 314 MASL 4.24 The SUBDIVIDER agrees that all residential dwelling units will be constructed with a forced air-directed heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. 4.25 The SUBDIVIDER agrees to construct a primary walk link across Block 6 (Stage 1) from Block 172 (Stage 2) north to Fairway Road, including a pedestrian trial/bridge crossing, with a location and design all to the satisfaction of the CITY'S General Manager of Community Services, in consultation with the CITY'S Director of Engineering Services, the CITY'S Manager of Design & Development and the Grand River Conservation Authority. It is acknowledged that a portion of the trail crossing works are included in the City's Development Charge By-law 04-156, and the City shall be responsible for 90% 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 the 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. 4.26 In the interest of streetscape design, the SUBDIVIDER agrees that for each corner lot on Tremaine Drive and Sims Estate Drive only, that being Lots 1, 83, 84, 131, 132, 135, 136, 139, 140, 144 (Stage 2) and each corner dwelling within Blocks 156, SPECIAL COUNCIL MINUTES AUGUST 16, 2004 - 282 - CITY OF KITCHENER 157 and 161 (Stage 2), to submit elevation drawings to the satisfaction of the CITY's Manager of Design and Development to ensure that consideration has been given to the design treatment along both road frontages for each lot/dwelling, including such items as the provision of porches, porticos, stairs or other projections; secondary door entries; windows and/or landscaping, but shall not include a review of building materials. 4.27 The SUBDIVIDER agrees that no building permits shall be applied for or issued for Block 162 (Stage 2) until such time as that Block is consolidated with the developable portion of the adjacent lands to the east legally described as part of Part Lot 117, German Company Tract (Lyndale Estates Limited) and as shown in the Slope Stability Study prepared by Naylor Engineering Ltd and dated July 2001, as amended. Section 6 Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using Tremaine Drive to Fairway Road and prohibited from using any other internal residential streets in the community. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the SUBDIVIDER being responsible for any required signage, all to the satisfaction of the CITY'S Director of Engineering Services. 6.12 Prior to the occupancy of the first unit, the SUBDIVIDER shall determine the locations of all centralized mail receiving facilities to the satisfaction of Canada Post, in consultation with the CITY's Director of Engineering Services and the CITY's Manager of Design and Development. If required, the SUBDIVIDER shall provide temporary suitable centralized mail box locations that may be utilized by Canada Post until the curbs, boulevards and sidewalks are constructed for the plan of subdivision. 6.13 The SUBDIVIDER agrees to topsoil and seed Park Blocks 163-165 (Stage 2) within one year of the issuance of the first building permit for Stage 2. 6.14 The SUBDIVIDER agrees that an entrance feature on the City-owned land located on the north side of Tremaine Drive at Fairway Crescent, shall be installed at the SUBDIVlDER's cost in accordance with the approved plans prior to the occupancy of the first dwelling unit for Stage 2, or in the event of winter conditions shall be installed by June 1 immediately following the occupancy of the first dwelling unit for Stage 2 to the satisfaction of the CITY's Manager of Design and Development and the CITY's Director of Engineering Services. 6.15 The SUBDIVIDER agrees that a clause shall be inserted in all agreements of purchase and sale and/or rental agreements for each dwelling unit with a finished floor elevation lower than 314 MASL, identifying the presence of the water pressure reduction devices and advising that they may not be removed by the owner/tenant. 6.16 The SUBDIVIDER agrees to provide an easement(s) to the CITY, for sanitary services or trail purposes over Block 162 (Stage 2), and for sanitary services over Lots 14 and 15 (Stage 2), if necessary, to the satisfaction of the CITY's Director of Engineering Services in consultation with the consulting engineer for the SUBDIVIDER. The appropriate easement shall be granted to the CITY, immediately upon the CITY's request, and the CITY agrees to quit claim the easement if and when appropriate. 6.17 The SUBDIVIDER agrees that the following warning clauses shall be inserted in all agreements of purchase and sale, and/or rental agreements, to read as follows: "This dwelling unit has been fitted with a forced air-directed heating system and ducting suitably sized and designed to permit the future installation of a central air-conditioning system by the occupant(s). Installation of central air-conditioning SPECIAL COUNCIL MINUTES AUGUST 16, 2004 - 283 - CITY OF KITCHENER by the occupant(s) will allow windows and exterior doors to remain closed, with the intent to ensure that the indoor sound levels are within the Municipality's and the Ministry of the Environment's noise criteria. Despite these measures, prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that noise from aircraft using this flight path may cause concern to some individuals." "Prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that directional lighting along this flight path may cause concern to some individuals." 2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfil the following conditions: 1. The City Standard Residential Subdivision Agreement be registered on title of the subject lands. 2. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Manager of Design & Development and shall obtain approval therefrom. 3. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering Services with co-ordinate values and elevations thereon and submit for registration the plans showing the location of monuments, their co-ordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. The SUBDIVIDER shall make satisfactory arrangements with Kitchener-Wilmot Hydro for the provision of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telephone services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to HYDRO, and telephone companies and the City, to the CITY'S Manager of Design & Development. b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering Services for municipal services; c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Manager of Design & Development or, in the case of SPECIAL COUNCIL MINUTES AUGUST 16, 2004 - 284 - CITY OF KITCHENER parkland, the General Manager of the CITY's Community Services Department; and e) to provide to the CITY'S Manager of Design & Development, a clearance letter from each of HYDRO and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. 8. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. 9. The SUBDIVIDER agrees to convey to the City, at no cost and free of encumbrance, the following lands for the purposes set out below; a) Block 7 (Stage 1) for 0.3m reserve; b) Blocks 166 and 167 (Stage 2) for open space; c) Block 168 (Stage 2) for stormwater management; and d) Block 173 (Stage 2) for 0.3m reserve. 10. The SUBDIVIDER shall satisfy the total 5% parkland dedication for the entire subdivision, which dedication is 2.08 hectares, by both the conveyance of Blocks 163-165, inclusive (Stage 2) to the CITY, at no cost and free of encumbrance, which will satisfy 1.62 hectares of the dedication and a cash-in-lieu contribution for the remainder of the dedication, equivalent to the value of 0.46 hectares of land, with the value of the land determined as of the day before the day of draft approval. The SUBDIVIDER agrees that the parkland provided within the plan of subdivision shall be at no additional frontage costs to the CITY. 11. The SUBDIVIDER shall prepare park design plans for Park Blocks 163-165 inclusive (Stage 2) to the satisfaction of the CITY's General Manager of Community Services. 12. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major entrance to the subdivision, in accordance with a plan approved by the CITY'S Manager of Design & Development, in accordance with the following criteria: a) The sign shall be located outside the required yard setbacks of the applicable zone and outside the corner visibility triangle, with the specific, appropriate location to be approved by the CITY's Manager of Design & Development; b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6 metres, and a maximum area of 13 square metres; c) Graphics shall depict the features within the limits of the subdivision including, without limiting the generality of the foregoing, approved street layout, including emergency access roads, zoning, lotting and specific land uses, types of parks, storm water management areas, hydro corridors, trail links and walkways, potential or planned transit routes and bus stop locations, centralized mail facility locations, notification regarding contacts for school sites, noise attenuation measures, environmentally sensitive areas, tree protection areas, special buffer/landscaping areas, water courses, flood plain areas, railway lines and hazard areas and shall also make general reference to land uses on adjacent lands including references to any formal development applications, all to the satisfaction of the CITY'S Manager of Design & Development; d) That in addition to the standard subdivision sign content, the required subdivision sign(s) shall include the following information: i) Approved NEF noise contour and planning contour information. ii) A warning clause for all lands within the plan to read as follows: "Residential dwellings in this area will be fitted with a forced air-directed heating system and ducting, suitably sized and designed to permit the future installation of a central air conditioning system by the occupant(s). SPECIAL COUNCIL MINUTES AUGUST 16, 2004 - 285 - CITY OF KITCHENER iii) Installation of central air conditioning by the occupant(s) will allow windows and exterior doors to remain closed, thereby ensuring that indoor sound levels are within the Municipality's and the Ministry of the Environment's noise criteria. Despite these measures, prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that noise from aircraft using this flight path may cause concern to some individuals." A warning clause for all lands within the plan to read as follows: "Prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that directional lighting along this flight path may cause concern to some individuals." d) Approved subdivision billboard locations shall be conveniently accessible to the public for viewing. Low maintenance landscaping is required around the sign and suitable parking and pedestrian access may be required between the sign location and public roadway in order to provide convenient accessibility for viewing; and, e) The SUBDIVIDER shall ensure that the information is current as of the date the sign is erected. Notice shall be posted on the subdivision billboard signs advising that information may not be current and to obtain updated information, inquiries should be made at the CITY'S Department of Development and Technical Services. 13. The SUBDIVIDER shall have landscape plans of the stormwater management facilities prepared by an environmental professional acceptable to the CITY'S General Manager of Community Services and to obtain therefrom, approval of such plans. 14. The SUBDIVIDER shall prepare a revised traffic study prior to the registration of any stage of the draft plan of subdivision, if such registration proceeds in a sequence other than the phasing identified in the Site Traffic Analysis, Grand River South Development Proposal (RGP Transtech Inc. January 2000) to the satisfaction of the Director of Transportation Planning. Further, the SUBDIVIDER shall enter into a registered agreement with the CITY for the implementation of any required road improvements that are identified in the revised traffic study prior to registration. 15. The SUBDIVIDER shall grant to the CITY, at no cost, a conservation easement over the lands identified as Vegetation Units Tl-a and Tl-c GVO (delineated on the draft plan of subdivision within Block 5 - Stage 1), to be described on a reference plan prepared at the SUBDIVlDER's cost, and to enter into a conservation easement agreement with the CITY, to be prepared by the City Solicitor in consultation with the Manager of Design and Development, for said lands. The purpose of such easement and agreement shall be to conserve the woodlot. 16. The SUBDIVIDER shall obtain approval of plans/drawings from the CITY's Manager of Design and Development for the entrance feature on the City-owned land located on the north side of Tremaine Drive at Fairway Crescent. 17. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Manager of Design and Development, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the subdivision plan(s), have been satisfied. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services. SPECIAL COUNCIL MINUTES AUGUST 16, 2004 - 286 - CITY OF KITCHENER The SUBDIVIDER agrees to stage the development of this subdivision in a manner satisfactory to the Regional Commissioner of Planning, Housing and Community Services. 2. That a copy of the registered subdivision agreement be forwarded to the Regional Commissioner of Planning, Housing and Community Services. 3. a) That the SUBDIVIDER 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 SUBDIVIDER has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Transportation and Environmental Services shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. b) That the SUBDIVIDER 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 SUBDIVIDER shall enter into an agreement with the Regional Municipality of Waterloo to provide a Letter of Credit, in a form satisfactory to the Regional Solicitor, for the future installation of concrete transit pads on Sims Estate Drive and Tremaine Drive in locations to be specifically determined in consultation with Grand River Transit. and the CITY's Manager of Design and Development. That the SUBDIVIDER submit a grading and drainage control plan and a stormwater management report for the entire plan of subdivision, where said lands drain to a Regional facility, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. The SUBDIVIDER agrees that prior to any grading or construction, or final approval of all or any part of the draft plan of subdivision, a qualified 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 SUBDIVIDER, and such report shall be submitted to the satisfaction of the Ministry of Citizenship and Culture and the Regional Commissioner of Planning, Housing and Community Services. That the SUBDIVIDER shall enter into a registered agreement to prepare a noise study, to the satisfaction of the Regional Municipality of Waterloo in consultation with the City of Kitchener, to indicated methods to be used to abate traffic noise levels for Fairway Road on Blocks 4 and 5 (Stage 1) prior to any site plan approval for each of said Blocks and, if necessary, shall provide for implementation of the approved noise study attenuation measures at the appropriate time frame. Said agreement shall respect that, in accordance with the Grand River South Community Plan, site design, architectural design and building construction features shall be the preferred methods used in attenuating noise impact from Fairway Road and that acoustical barriers be the least preferred method. SPECIAL COUNCIL MINUTES AUGUST 16, 2004 - 287 - CITY OF KITCHENER That the SUBDIVIDER enter into an agreement with the Regional Municipality of Waterloo to erect a 1.82 metre high permanent, maintenance free fence adjacent to Fairway Road in accordance with Regional policies and procedures. 9. The SUBDIVIDER shall obtain a Regional Road Access Permit for Upper Mercer Street at Fairway Road. 10. That prior to the registration of any stage, the SUBDIVIDER shall submit an update to the Site Traffic Analysis, Grand River South Development Proposal (RGP Transtech Inc. January 2000) to address traffic impacts on the surrounding street system, as well as pedestrian connections and accessibility, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. Further, the SUBDIVIDER shall enter into a registered agreement with the Regional Municipality of Waterloo for the implementation of any required road improvements on Regional roads that are identified in the revised traffic study prior to registration. 4. OTHER AGENCY CONDITIONS That prior to the commencement of any grading or construction on the site, and prior to registration of the plan, the SUBDIVIDER shall submit the following plans and reports to the satisfaction of the Grand River Conservation Authority: a) A detailed Stormwater Management Report and plans in accordance with the 2003 Ministry of the Environment and Energy Report entitled "Stormwater Management Practices Planning and Design Manual" and in keeping with the Preliminary Stormwater Management Report (prepared by Earthtech Engineering Ltd., last dated July 2004). b) A detailed Lot Grading, Servicing and Drainage Plan c) An Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority's Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. d) An application for Fill, Construction and Alteration to Waterways Regulation Permit pursuant to Ontario Regulation 149, as amended, prior to any fill placement within the Grand River Scheduled Area and any storm outlets or crossings to Idlewood Creek. 5. CLEARANCE CONDITIONS That prior to the signing of the final plan by the City's Manager of Design and Development, the Manager shall be advised by the Regional Commissioner of Planning, Housing and Community Services that Conditions 3.1-3.10 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied. That prior to the signing of the final plan by the City's Manager of Design and Development the Manager shall be advised by the Grand River Conservation Authority (GRCA) that Condition 4.1 has been carried out to the satisfaction of the GRCA. The clearance letter from the GRCA shall include a brief statement detailing how the condition has been satisfied. That prior to the signing of the final plan by the City's Manager of Design and Development the Manager shall be advised by the telephone company that Conditions 2.2.5 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. That prior to the signing of the final plan by the City's Manager of Design and Development the Manager shall be advised by HYDRO that Conditions 2.2.6 and AUGUST 16, 2004 SPECIAL COUNCIL MINUTES - 288 - CITY OF KITCHENER 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. NOTES Development Charges The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality are applicable. Registry Act The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. Updated Information It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning and Development Departments of any changes in ownership, agent, address and phone number. Agreement 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 $60.00 respectively. Regional Fees 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. Approvals for Servicing Systems The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Stormwater Management The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Sewage System The proposed sanitary sewage collection system meets the definition of a "sewage works' as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Planning Act Applicability This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). Regional Servicing Agreement AUGUST 16, 2004 SPECIAL COUNCIL MINUTES - 289 - CITY OF KITCHENER 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, Housing and Community Services initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Transportation and Environmental Services to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. 11. Registration Release To ensure that a City or Regional Release is issued by the City's Manager of Design & Development or the Regional Commissioner of Planning, Housing and Community Services to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all City or Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the City or Regional Planner responsible for the file, no later than December 15th. City and Regional staff can not ensure that a City or Regional Release would be issued prior to yearend where the owner has failed to submit the appropriate documentation by this date. 12. Final Plans When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration under The Registry Act and for our use: One (1) original mylar Four (4) mylar copies Four (4) white paper prints." Carried. Council considered a recommendation arising from the Development and Technical Services Committee meeting held this date with respect to Plan of Subdivision 30T-00204 and Zone Change Application ZC 00/28/M/TMW submitted by Valleyview Heights (St. Jacob's) Limited. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway That the existing portion of Morrison Road from the westerly limit of Draft Plan of Subdivision 30T-00204 to Fairway Road be renamed "Sims Estate Drive" and that the physical renaming of the road take place concurrently with the construction and opening of the road through plan of subdivision 30T-00204. That a temporary exemption from Council's Emergency Access and Multiple Unit Identification Policy 1-1035 be provided for plan of subdivision 30T-00204 to allow a street length of 320m with an emergency access only until such time as Stage 2 of said plan of subdivision is constructed. That Zone Change Application ZC 00/28/M/TMW (Valleyview Heights (St. Jacob's) Limited) requesting a change in zoning from Agricultural Zone (A-l) and Agricultural Zone AUGUST 16, 2004 SPECIAL COUNCIL MINUTES - 290 - CITY OF KITCHENER = (A-l) with special regulation 1R to Residential Three Zone (R-3), with revised special regulation 175R, Residential Six Zone (R-6) and Hazard Land Zone (P-3) on lands legally described as Part of Lots 118 and 124, G.C.T. and Part of Lot 12, Registered Plan 591, being Part 2, Plan 58R-9589 and Block 15 of Registered Plan 1818, be approved in the form shown in the attached "Proposed By-law", dated July 23, 2004, without conditions. 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-00204, in the City of Kitchener, for Valleyview Heights (St. Jacob's) Limited, subject to the following conditions: That this approval applies to Plan of Subdivision 30T-00204 for Valleyview Heights (St. Jacob's) Limited as shown on the plan prepared by the GSP Group dated July 23, 2004 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated July 23, 2004, which shows the following: Stage 1 Lots 1-76 Block 77 Block 78 Block 79 Block 80 Block 81 S U BTOTAL Land Use Max. # Units Single Detached Dwellings 76 units Future Single Detached Dwelling (lot add. 1 unit Open Space / Stormwater Management Open Space / Hazard Land Public Walkway / Emergency Access 0.3m Reserve 77 units Stage 2 Lots 1-21 Blocks 22, 23 Block 24 Block 25 S U BTOTAL Land Use Single Detached Dwellings Multiple Dwellings Future Non-Residential Development Public Walkway Max. # Units 21 units 40-55 units 61-76 units TOTAL 138-153 units CITY OF KITCHENER CONDITIONS: That the Mayor and Clerk be authorized to sign a City Standard Residential Subdivision Agreement, satisfactory to the City Solicitor, with the SUBDIVIDER, Valleyview Heights (St. Jacob's) Limited, regarding the lands shown outlined on the attached Plan of Subdivision dated July 23, 2004 and which shall contain the following special conditions: Section 2 Prior to Area Grading 2.11 The SUBDIVIDER agrees to submit an Environmental Management and Monitoring Plan regarding erosion mitigation measures within Block 79 (Stage 1) as identified in the Impact Assessment and Addendum to the General Vegetation Overview prepared by Howes-Jones & Associates Inc., dated February 2002, to the satisfaction of the CITY's Manager of Design and Development in consultation with the CITY's Director of Engineering Services, the CITY's General Manager of Community Services and the Grand River Conservation Authority. Further the SUBDIVIDER agrees to implement the approved plan, through appropriate clauses in the subdivision agreement or alternate agreement, if necessary, to the satisfaction of the CITY's General Manager of Community Services, in consultation with the CITY's Manager of Design and Development, the CITY's Director of Engineering Services and Grand River Conservation Authority. Section 3 Prior to Servicing 3.16 The SUBDIVIDER agrees that the development of the subdivision may proceed in 2 stages, as follows: AUGUST 16, 2004 SPECIAL COUNCIL MINUTES - 291 CITY OF KITCHENER a) b) Stage 1 may register concurrently with or at any time subsequent to the registration of the appropriate stage within the adjacent plan of subdivision 30T-00201 (583018 Ontario Ltd.), which provides for the extension of servicing and Sims Estate Drive; and Stage 2 shall be registered concurrently with or at any time subsequent to the registration of Stage 1. 3.17 The SUBDIVIDER shall make arrangements to upgrade Morrison Road to municipal standards to the satisfaction of the CITY's Director of Engineering Services. Approval from the adjacent property owner (Grand River Conservation Authority) may be required in order to grade a portion of the south side of the road to City standards. Section 4 Prior to the Issuance of Building Permits 4.22 The SUBDIVIDER agrees to undertake any measures required to ensure proper water pressure to all lots and blocks within the proposed development, to the satisfaction of the CITY'S Director of Engineering Services or Chief Building Official. The SUBDIVIDER further agrees to include water pressure reduction devices for each dwelling unit with a finished floor elevation lower than 314 MASL. 4.23 The SUBDIVIDER agrees that, notwithstanding any security arrangements, no building permits shall be applied for or issued for a dwelling on any lands within the subdivision until the required sanitary pumping station, forcemain and their related appurtenances are constructed and operational to the satisfaction of the CITY'S Director of Engineering Services, and have been accepted the City. However, conditional building permits may be issued if the sanitary pumping station is substantially complete to the satisfaction of the CITY'S Director of Engineering Services, in which case no occupancy of any dwelling shall be permitted prior to acceptance of such works. 4.24 The SUBDIVIDER agrees that no building permits shall be issued for Block 77 (Stage 1) and Lots 63-65 inclusive (Stage 1) until each is consolidated with the respective Blocks in the adjacent Plan of Subdivision 30T-03201. Further, the SUBDIVIDER agrees that in the event that it is determined by the CITY'S Director of Engineering Services that Block 24 (Stage 2) will not be required for road widening purposes, no building permits shall be issued for Block 24 (Stage 2) until it is consolidated with Block 22 (Stage 2). 4.25 The SUBDIVIDER agrees that no building permits shall be issued for Block 22 (Stage 2) until the adjacent lane to the west is upgraded to an emergency access standard at the cost of the SUBDIVIDER to the satisfaction of the CITY'S Director of Engineering Services. The SUBDIVIDER agrees that a structural analysis to upgrade the road to municipal emergency access standards will be required to be completed to the satisfaction of the CITY'S Director of Engineering Services and Manager of Design and Development to ensure that there are no impacts to the Gardener's House on the adjacent property. Section 6 Other Time Frames 6.11 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using existing Morrison Road (to be renamed Sims Estate Drive) to Fairway Road and is prohibited from using any other internal residential streets in the community. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the SUBDIVIDER being responsible for any required signage, all to the satisfaction of the CITY'S Director of Engineering Services. 6.12 Prior to the occupancy of the first unit, the SUBDIVIDER shall determine the locations of all centralized mail receiving facilities to the satisfaction of Canada Post, in consultation with the CITY's Director of Engineering Services. If required, SPECIAL COUNCIL MINUTES AUGUST 16, 2004 - 292 - CITY OF KITCHENER the SUBDIVIDER shall provide temporary suitable centralized mail box locations that may be utilized by Canada Post until the curbs, boulevards and sidewalks are constructed for the plan of subdivision. 6.13 The SUBDIVIDER agrees that entrance features on both sides of Waterbend Crescent at Sims Estate Drive, opposite Morrison Road, shall be installed at the SUBDIVIDER's cost in accordance with the approved plans prior to the occupancy of the first dwelling unit in Stage 1, or in the event of winter conditions shall be installed by June 1 immediately following the occupancy of the first dwelling unit to the satisfaction of the CITY's Manager of Design and Development and the CITY's Director of Engineering Services. 6.14 The SUBDIVIDER agrees that a 3 metre wide landscape buffer strip along the south-westerly side of Block 22 (Stage 2) shall be developed at the SUBDIVIDER'S cost in accordance with the approved plans and shall be installed prior to the occupancy of the first dwelling unit within Block 22 (Stage 2), or in the event of winter conditions shall be installed by June 1 immediately following the occupancy of the first dwelling unit. 6.15 The SUBDIVIDER agrees that a clause shall be inserted in all agreements of purchase and sale and/or rental agreements for each dwelling unit with a finished floor elevation lower than 314 MASL identifying the presence of the water pressure reduction devices and advising that they may not be removed by the owner/tenant. 2.2 That prior to final approval of the plan to be registered, the Subdivider shall fulfil the following conditions: 1. The City Standard Residential Subdivision Agreement be registered on title of the subject lands. 2. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Manager of Design & Development and shall obtain approval therefrom. 3. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering Services with co-ordinate values and elevations thereon and submit for registration the plans showing the location of monuments, their co-ordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. The SUBDIVIDER shall make satisfactory arrangements with Kitchener-Wilmot Hydro for the provision of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telephone services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 7. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to HYDRO, and telephone companies and the City, to the CITY'S Manager of Design & Development. SPECIAL COUNCIL MINUTES AUGUST 16, 2004 - 293 - CITY OF KITCHENER b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering for municipal services; c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Manager of Design & Development or, in the case of parkland, the General Manager of the CITY's Community Services Department; and e) to provide to the CITY'S Manager of Design & Development, a clearance letter from each of HYDRO and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. 8. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. 9. The SUBDIVIDER agrees to convey to the City, at no cost and free of encumbrance, the following lands for the purposes set out below; StaRe One e) Block 78 for open space/stormwater management purposes; f) Block 79 for open space/hazard land purposes. 10. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major entrance to the subdivision, in accordance with a plan approved by the CITY'S Manager of Design & Development, in accordance with the following criteria: a) The sign shall be located outside the required yard setbacks of the applicable zone and outside the corner visibility triangle, with the specific, appropriate location to be approved by the CITY's Manager of Design & Development; b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6 metres, and a maximum area of 13 square metres; c) Graphics shall depict the features within the limits of the subdivision including, without limiting the generality of the foregoing, approved street layout, including emergency access roads, zoning, lotting and specific land uses, types of parks, storm water management areas, hydro corridors, trail links and walkways, potential or planned transit routes and bus stop locations, centralized mail facility locations, notification regarding contacts for school sites, noise attenuation measures, environmentally sensitive areas, tree protection areas, special buffer/landscaping areas, water courses, flood plain areas, railway lines and hazard areas and shall also make general reference to land uses on adjacent lands including references to any formal development applications, all to the satisfaction of the CITY'S Manager of Design & Development; d) Approved subdivision billboard locations shall be conveniently accessible to the public for viewing. Low maintenance landscaping is required around the sign and suitable parking and pedestrian access may be required between the sign location and public roadway in order to provide convenient accessibility for viewing; and, e) The SUBDIVIDER shall ensure that the information is current as of the date the sign is erected. Notice shall be posted on the subdivision billboard signs advising that information may not be current and to obtain updated information, inquiries should be made at the CITY'S Department of Development and Technical Services. SPECIAL COUNCIL MINUTES AUGUST 16, 2004 - 294 - CITY OF KITCHENER 11.The SUBDIVIDER shall satisfy the total 5% parkland dedication for the entire subdivision, which dedication is 0.495 hectares, by a cash-in-lieu contribution for 5% of the value of the all the lands within the subdivision, with the value of the land determined as of the day before the day of draft approval. The SUBDIVIDER shall also satisfy the parkland dedication of 0.1214 hectares required by parkland deferral agreement, Instrument No. 1139653, registered on title to the subject lands on September 30, 1992, by a cash-in-lieu contribution with the value of the 0.1214 hectares of land determined as of the day before the day of draft approval. 12. The SUBDIVIDER shall have landscape plans of the stormwater management facilities prepared by an environmental professional acceptable to the CITY'S General Manager of Community Services and to obtain therefrom, approval of such plans. 13. The SUBDIVIDER shall obtain approval of plans/drawings from the CITY'S Manager of Design & Development, showing a 3 metre wide planting strip along the south- westerly side of Block 22 (Stage 2) prior to the registration of Stage 2 of the plan. 14. The SUBDIVIDER shall prepare a revised traffic study prior to the registration of any stage of the draft plan of subdivision, if such registration proceeds in a sequence other than the phasing identified in the Site Traffic Analysis, Grand River South Development Proposal (RGP Transtech Inc. January 2000). The revised traffic study shall be to the satisfaction of the CITY's Director of Transportation Planning and the SUBDIVIDER shall enter into a registered agreement with the CITY for the implementation of any required road improvements that are identified in the revised traffic study. 15. The SUBDIVIDER shall obtain approval of plans/drawings from the CITY's Manager of Design and Development for the entrance features at Waterbend Crescent/Sims Estate Drive, opposite Morrison Road. 16. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Manager of Design and Development, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the subdivision plan(s), have been satisfied. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS: That prior to final approval of the plan to be registered, the SUBDIVIDER shall complete the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services. 1. That a copy of the registered subdivision agreement be forwarded to the Regional Commissioner of Planning, Housing and Community Services. That the SUBDIVIDER shall enter into an agreement with the Regional Municipality of Waterloo to provide a Letter of Credit, in a form satisfactory to the Regional Solicitor, for the future installation of concrete transit pads on Sims Estate Drive in locations to be specifically determined in consultation with Grand River Transit. a) That the SUBDIVIDER 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 SUBDIVIDER has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Transportation and Environmental Services shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. SPECIAL COUNCIL MINUTES AUGUST 16, 2004 - 295 - CITY OF KITCHENER b) That the SUBDIVIDER 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." 4. OTHER AGENCY CONDITIONS: That prior to the commencement of any grading or construction on the site, and prior to registration of the plan, the SUBDIVIDER shall submit the following plans and reports to the satisfaction of the Grand River Conservation Authority: a) A detailed Stormwater Management Report and plans in accordance with the 1994 Ministry of the Environment and Energy Report entitled "Stormwater Management Practices Planning and Design Manual" and in keeping with the Preliminary Stormwater Management Report (prepared by Stantec Consulting Ltd., dated September 2000, as revised). b) A detailed Lot Grading, Servicing and Drainage Plan c) An Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority's Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. d) An application for Fill, Construction and Alteration to Waterways Regulation Permit pursuant to Ontario Regulation 149, as amended, prior to any placement of fill or grading within the Grand River Scheduled Area or any alteration to the tributary of the Grand River. 5. CLEARANCE CONDITIONS That prior to the signing of the final plan by the City's Manager of Design and Development, the Manager shall be advised by the Regional Commissioner of Planning, Housing and Community Services that Conditions 3.1-3.3 have been carried out to the satisfaction of the Region. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied. That prior to the signing of the final plan by the City's Manager of Design and Development the Manager shall be advised by the Grand River Conservation Authority that Condition 4.1 has been carried out to the satisfaction of the G.R.C.A.. The clearance letter from the G.R.C.A. shall include a brief statement detailing how the condition has been satisfied. That prior to the signing of the final plan by the City's Manager of Design and Development the Manager shall be advised by the telephone company that Conditions 2.2.5 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. That prior to the signing of the final plan by the City's Manager of Design and Development the Manager shall be advised by HYDRO that Conditions 2.2.6 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. AUGUST 16, 2004 SPECIAL COUNCIL MINUTES - 296 - CITY OF KITCHENER 6. NOTES: Development Charges The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality are applicable. Registry Act The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. Updated Information It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning and Development Departments of any changes in ownership, agent, address and phone number. Agreement 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 $60.00 respectively. Regional Fees 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. Approvals for Servicing Systems The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Stormwater Management The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Sewage System The proposed sanitary sewage collection system meets the definition of a "sewage works' as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Planning Act Applicability This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). 10. Regional Servicing Agreement The owner/developer is advised that draft approval is not a commitment by The Regional Municipality of Waterloo to water and wastewater servicing capacity. AUGUST 16, 2004 SPECIAL COUNCIL MINUTES - 297 - CITY OF KITCHENER To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning, Housing and Community Services initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Transportation and Environmental Services to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. 11. Registration Release To ensure that a City or Regional Release is issued by the City's Manager of Design & Development or the Regional Commissioner of Planning, Housing and Community Services to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all City or Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the City or Regional Planner responsible for the file, no later than December 15th. City and Regional staff can not ensure that a City or Regional Release would be issued prior to yearend where the owner has failed to submit the appropriate documentation by this date. 12. Final Plans When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One (1) original mylar Four (4) mylar copies Four (4) white paper prints." Carried. R. Gosse, Deputy City Clerk, advised of two additional by-laws for Council's consideration to amend Zoning By-law 85-1, as amended, relating to Zone Change Application ZC 00/ll/W/JW and Zone Change Application ZC 00/28/M/TMW, dealt with this date. Moved by Councillor J. Gazzola Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce the following by-laws for three readings and that the same be taken as read a first, second and third times, be finally passed and numbered serially by the Clerk. (a) Being a by-law to exempt certain lots from Part Lot Control - Part Block 22, Registered Plan 58M-258 - Bridlewreath Street. (By-law No. 2004-159) (b) Being a by-law to exempt certain lots from Part Lot Control - Part Block 6, Registered Plan 58M-15 - Wilderness Drive and Activa Avenue. AUGUST 16, 2004 SPECIAL COUNCIL MINUTES - 298 - CITY OF KITCHENER (c) (d) (e) (f) (g) (By-law No. 2004-160) Being a by-law to exempt certain lots from Part Lot Control - Part Block 18, Registered Plan 58M-1 - Highbrook Street. (By-law No. 2004-161 ) Being a by-law to exempt certain lots from Part Lot Control - Lots 25 and 57, Registered Plan 58M-247 - Cotton Grass Street and Swartz Street. To confirm all actions and proceedings of the Council. (By-law No. 2004-162) (By-law No. 2004-163) Being a by-law to amend Zoning By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- 583018 Ontario Limited - Woolner Drive. (By-law No. 2004-164) Being a by-law to amend Zoning By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Valleyview Heights (St. Jacob's) Limited - Morrison Road. (By-law No. 2004-165)." Carried. On motion, the meeting adjourned at 10:17 p.m. MAYOR CLERK