HomeMy WebLinkAboutFCS Agenda - 2023-02-131
KiTc�ivER
Finance and Corporate Services Committee
Agenda
Monday, February 13, 2023, 1:00 p.m. - 2:00 p.m.
Council Chambers - Hybrid
City of Kitchener
200 King Street W, Kitchener, ON N2G 4G7
People interested in participating in this meeting can register online using the delegation registration
form at www.kitchener.ca/delegation or via email at delegation(a)kitchener.ca. Please refer to the
delegation section on the agenda below for registration in-person and electronic participation
deadlines. Written comments received will be circulated prior to the meeting and will form part of the
public record.
The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow.
*Accessible formats and communication supports are available upon request. If you require
assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.*
Chair: Councillor S. Davey
Vice -Chair: Councillor B. loannidis
Pages
1. Commencement
2. Disclosure of Pecuniary Interest and the General Nature Thereof
Members of Council and members of the City's local boards/committees are
required to file a written statement when they have a conflict of interest. If a
conflict is declared, please visit www. kitchener. ca/conflict to submit your written
form.
3. Consent Items
The following matters are considered not to require debate and should be
approved by one motion in accordance with the recommendation contained in
each staff report. A majority vote is required to discuss any report listed as
under this section.
3.1 Accessibility Plan (2023-2027), CSD -2023-004 3
4. Delegations
Pursuant to Council's Procedural By-law, delegations are permitted to address
the Committee for a maximum of five (5) minutes. All Delegations where
possible are encouraged to register prior to the start of the meeting. For
Delegates who are attending in-person, registration is permitted up to the start
of the meeting. Delegates who are interested in attending virtually must register
by 11: 00 a.m. on February 13, 2023, in order to participate electronically.
4.1 Item 5.1. John Doherty and Kevin Dias, Gowling WLG
5. Discussion Items
5.1 McLean-Piester Limited, 375 New Dundee 20 m 12
Road - Section 20 Development Charges
Complaint, FIN -2023-064
(Advertised to begin at 1:00 p.m.)
6. Information Items
6.1 None.
7. Adjournment
Dianna Saunderson
Manager of Council/Committee Services & Deputy Clerk
Page 2 of 44
Staff Report
Community Services Department www.kitchener.ca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: February 13, 2023
SUBMITTED BY: Mark Hildebrand, Director Neighbourhood Programs and Services,
519-741-2200 ext. 7687
PREPARED BY: Lolita Paroski, Inclusion Services Coordinator, 519-741-2200
ext. 7226
WARD(S) INVOLVED: All
DATE OF REPORT: January 12, 2023
REPORT NO.: CSD -2023-004
SUBJECT: Accessibility Plan (2023-2027)
RECOMMENDATION:
That the 2023-2027 Accessibility Plan, as attached to Community Services
Department report CSD -2023-004, be approved as the Corporation of the City of
Kitchener's Accessibility Plan.
REPORT HIGHLIGHTS:
This report supports A Caring Community. In support of the Government of Ontario's
direction to become more accessible to people with disabilities by 2025, staff have
prepared the updated Accessibility Plan (2023-2027) for Council's consideration.
BACKGROUND:
The Integrated Accessibility Standards Regulation 191/11, IASR (Accessibility for Ontarians
with a Disabilities Act, AODA, 2005) consists of five standards: information and
communications, employment, transportation, design of public spaces and customer
service. It should be noted that the requirements in the transportation standard fall within
the jurisdiction of the Regional Municipality of Waterloo.
As stipulated in the IASR, public sector organizations are required to establish, implement,
maintain, and document a multi-year accessibility plan. The stated purpose of the
accessibility plan is to outline an organization's strategy to prevent and remove barriers and
to meet the requirements under the Regulation.
Page 3 of 44
Staff Report
Community Services Department www.kitchener.ca
The IASR requires that municipalities complete the following as it relates to the development
and implementation of an Accessibility Plan:
• Prepare a multi-year Accessibility Plan
• Consult with an Accessibility Advisory Committee
• Post the Accessibility Plan on their website
• Provide the Accessibility Plan in an alternate format upon request
• Review and update the Accessibility Plan every five years
• Prepare an Annual Status Update on the Accessibility Plan
• Post the Annual Status Update on their website
• Provide the Annual Status Update in an alternate format upon request
The City of Kitchener's previous Accessibility Plan (2018-2022, CSD -18-019) was approved
by Council in February 2018. Since that time, the Government of Ontario has not introduced
any new compliance deadlines or significant amendments to the AODA legislation or the
associated standards. As such, the draft Accessibility Plan (2023-2027) represents a
continuation of the previous plan with an emphasis on how the Corporation can go beyond
what is outlined in the legislation. The draft plan encourages the Corporation to plan for
"accessibility first".
Once approved, the Accessibility Plan (2023-2027) will guide and provide direction to
Council and to staff on how to comply with the Corporation's legislative requirements.
REPORT:
To achieve the Government of Ontario's goal of creating a more accessible Ontario on or
before January 1St, 2025, the City of Kitchener works closely with the Grand River
Accessibility Advisory Committee (GRAAC), community agencies, municipal partners, and
staff to carefully plan and implement the legislative standards and regulations as set by the
Province.
Creating a more accessible organization requires ongoing planning, adaptive approaches,
and a commitment to including accessibility planning from the onset of any project, review,
program etc. The requirements in the IASR are ongoing and require organizations to build
upon actions already completed. In support of this approach, the draft Accessibility Plan
challenges the Corporation to ensure that accessibility is included as a core foundation while
building on the work noted in the previous plan.
Annual status updates on the Accessibility Plan are prepared and presented to the Grand
River Accessibility Advisory Committee.
Page 4 of 44
Staff Report
Community Services Department www.kitchener.ca
From time to time, the Government of Ontario will introduce periodic reviews or revisions to
standards within the IASR, resulting in new compliance deadlines. Should this occur, staff
have a process that will support the successful compliance of any amendments.
STRATEGIC PLAN ALIGNMENT:
This report supports A Caring Community.
• The Grand River Accessibility Advisory Committee provides persons with disabilities
the opportunity to discuss, define and address their shared vision regarding the
identification, removal, and prevention of barriers in City facilities, programs, goods,
policies, and services.
• Consulting with persons with disabilities in an advisory role increases the capacity of
the City to ensure a greater degree of access, equity, and inclusion in the life of the
Corporation.
FINANCIAL IMPLICATIONS:
In September 2005, Council approved the establishment of a capital budget (Corporate
Accessibility Fund) for the purpose of funding the costs associated with implementing the
legislation as well as to fund one-time corporate projects that remove barriers and improve
access. This fund will assist in mitigating any financial impacts related to compliance with
the legislation or its associated standards. Some examples of projects and services funded
by the Corporate Accessibility Fund include; annual licenses and support for NexTALK
(TTY), barrier free parking and main entrance accessibility improvements to Harry Class
Pool and the installation of an adult change table in the universal washroom at City Hall.
COMMUNITY ENGAGEMENT:
The Accessibility Plan was developed in consultation with the Grand River Accessibility
Advisory Committee and with the input of staff. To assist with the successful implementation
of the Accessibility Plan, staff will continue to engage with community agencies that provide
services for persons with disabilities.
The Grand River Accessibility Advisory Committee (GRAAC) serves as the Corporation's
legislated accessibility advisory committee and provides input, advice, and
recommendations as it relates to a broad range of municipal construction/design projects,
policies, procedures, and services.
PREVIOUS REPORTS/AUTHORITIES:
• CSD -18-018 Accessibility Plan (2018-2022)
Page 5 of 44
Staff Report
Community Services Department www.kitchener.ca
APPROVED BY: Michael May, DCAO, Community Services Department
ATTACHMENTS:
Attachment A — Draft Accessibility Plan (2023-2027)
Page 6 of 44
2023-2027
The Corporation of the City of Kitchener
Accessibility Plan — Accessibility First
The City of Kitchener Accessibility Plan for 2023-2027 describes how the Corporation of the City of
Kitchener will continue to prevent and remove accessibility barriers. This new plan builds on the previous
accessibility plan which was approved by Council in 2018.
With more than 2.6 million Ontarians with a disability and an aging population within the Region of
Waterloo, the new plan will build on the previous plan by focusing on "how to think and plan accessibility
first".
Since there are no new accessibility legislation requirements, this new plan emphasizes on the continued
work within each legislated Standard. The "New — Accessibility First" emphasizes how the new plan will
go beyond accessibility legislation requirements.
Our Accessibility Commitment
The Corporation of the City of Kitchener values the contributions and participation of all citizens in the life
of the City. To facilitate this involvement, the City is committed to providing goods, services and facilities
that are accessible to all.
Introduction
Under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) organizations are required to
develop multi-year accessibility plans. The Accessibility Plan addresses how the City of Kitchener will
continue to meet the AODA requirements by focusing on thinking accessibility first.
Accessibility Legislation
The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) focuses on improving accessibility in
areas such as buildings, outdoor spaces, employment, procurement, training, customer service,
information and communications and transportation. The AODA applies to all private, government and
broader public sectors. The AODA intends to achieve a more accessible Ontario on or before January 1,
2025. To do so mandatory and enforceable standards have been created.
The five standards are:
• Information and Communications Standards
• Employment Standards
• Design of Public Spaces Standards
• Customer Service Standards
• Transportation Standards (responsibility of the Region of Waterloo)
The general requirements for all five standards include the development and implementation of an
accessibility policy, accessibility plan, and training for staff and volunteers.
More information on the Standards can be found on the Province of Ontario website.
Page 7 of 44
Inclusion Services — Coordinated Approach
The City of Kitchener, Community Services Department, Inclusion Services is responsible for coordinating
all aspects of the Accessibility Plan. This includes, staff support to the Grand River Accessibility Advisory
Committee (GRAAC) and its built environment sub -committee, in order to ensure AODA compliance. It is
important to note that while Inclusion Services staff play a facilitative role in this process, this work could
not be accomplished without the involvement, dedication, and leadership of City of Kitchener staff across
the Corporation.
Grand River Accessibility Advisory Committee (GRAAC)
Under the requirements of the Accessibility for Ontarians with Disabilities Act, 2005 (AODA),
municipalities with a population of 10,000 or greater are required to establish an Accessibility Advisory
Committee to advise Council on the prevention, identification, and removal of barriers for persons with
disabilities. The Grand River Accessibility Advisory Committee (GRAAC) is a joint committee of the Cities
of Kitchener and Waterloo, the Region of Waterloo and the Townships of North Dumfries, Wellesley,
Woolwich, and Wilmot and is appointed the task of advising the participating municipalities on the
preparation, implementation, and effectiveness of their respective Accessibility Plans. Associated Councils
also seek advice from GRAAC on the accessibility of buildings, structures, or premises that the
municipalities purchase, build, renovate or lease. GRAAC reviews site plans and drawings for new
municipal buildings or developments. The Built Environment Sub Committee of GRAAC was formed in
order to manage the volume of municipal build projects.
More information on GRAAC can be found on the City of Kitchener website.
Accessibility Plan 2023-2027 Commitments
The new Accessibility Plan includes how the City of Kitchener will continue to meet its commitments in
providing goods, services and facilities that are accessible to all, while focusing on accessibility first.
General Requirements of the AODA, Ontario Regulation 191/11 Integrated Accessibility Standards:
Accessibility Policy
• Continue to review and update the Accessibility Policy as required.
• Continue to make the Accessibility Policy available to the public on the city website.
• Update all staff on any revisions made to the Accessibility Policy.
Accessibility Plan
• Continue to make the Accessibility Plan available to the public on the city website.
• Continue to provide annual status updates to GRAAC.
• Continue to make the annual status update available to the public on the city website.
Procurement
• Continue to include accessible procurement practices in training materials as a resource for staff.
• Continue to incorporate accessibility features when designing, procuring, or acquiring self-service
kiosks.
"New" — Accessibility First — develop an updated "on demand" procurement 101 training for staff.
Page 8 of 44
Training
• Continue to provide mandatory accessibility training to all new staff.
• Continue to update and provide accessibility training to staff as required.
• Continue to review and update the corporate training brochures for staff and volunteers.
• Continue to update and provide new resources for staff on the intranet.
• Continue to provide staff leads to city affiliates and volunteers with updated training brochures.
"New" - Accessibility First - creating a training video featuring persons with lived experiences that
focus on the importance of accessible and inclusive customer service in the municipal sector.
Legislated Standards:
Information and Communications Standards
• Continue to achieve compliance with the Web Content Accessibility Guidelines (WCAG) to ensure
that websites and web content are accessible to people with disabilities.
• Continue to provide staff with resources on the staff intranet.
• Include an accessibility clause in RFPs to ensure documents prepared by consultants are delivered
in an accessible format.
• Train staff on the creation of accessible documents.
• Review documents for accessibility before posting them on the website.
• Ensure website content is accessible and easy to understand.
• Coach and advise corporate wide staff on website accessibility requirements.
"New" - Accessibility First - use ALT -TEXT feature on social media.
"New" — Accessibility First - Include accessibility considerations as a part of the public engagement
intake.
Employment Standards
• Review policies and practices with respect to recruitment, hiring and interviewing as per the
requirements under the employment standards as required.
• Continue to notify employees and the public about the availability of accommodations for
applicants with disabilities in its recruitment processes.
• Continue to notify successful applicants of policies for accommodating employees with
disabilities.
• Continue to inform all current and new employees through the IASR training brochure and
through the mandatory accessibility online training of procedures used to support employees
with disabilities.
• Continue to provide or arrange for the provision of accessible formats and communication
supports for employees.
• Continue to provide individualized workplace emergency response information to employees who
have a disability.
• Continue to have in place a written process for the development of documented individual
accommodation plans for employees with disabilities.
• Continue to have in place a return -to -work process and plan for employees who have been absent
from work due to a disability.
"New" - Accessibility First - Refresh management training on policies and practices with respect to
recruitment, hiring, interviewing and performance.
Page 9 of 44
Design of Public Spaces Standards
• Continue to consult with GRAAC, the public and persons with disabilities before constructing new
or redeveloping existing municipal recreational trails, outdoor play spaces, exterior paths of
travel, rest areas and on -street parking spaces.
• Continue to meet technical requirements when constructing new or redeveloping existing
municipal recreational trails, outdoor public use eating areas, outdoor play spaces, exterior paths
of travel, accessible parking both on and off street, service counters, fixed queuing guides and
waiting areas.
• Continue to review and update the City of Kitchener procedures for preventative and emergency
maintenance of the accessible elements in public spaces and procedures for dealing with
temporary disruptions when accessible elements are not in working order.
"New" -Accessibility First - Educating staff on accessibility barriers within outdoor spaces through on-
site visits with agency experts and persons with lived experiences.
Customer Service Standards
• Continue to include the customer service standards in the Accessibility Policy.
• Continue to include the customer service standards in the corporate training brochures for staff
and volunteers.
• Continue to include the customer service standards in mandatory accessibility training for staff.
• Continue to review and update staff resources related to customer service standards on the staff
intranet.
"New" - Accessibility First - Providing centralized accessible customer service at city hall. In-person
services for residents both drop-in and by appointment will be centralized in a single, accessible location
on the main floor of City Hall by 2024. A newly constructed City Hall Service Centre will bring together
eight service counters from six floors in an easy -to -find, central location right inside the front door of
Kitchener City Hall. Built to AODA standards, the new centre will be a one-stop shop for access to all City
Services. Residents will receive services at an accessible service counter, or within a customer lounge that
includes a variety of meeting room options designed to accommodate the needs of residents.
Interpretation services in 200+ languages, accessible signage, queuing areas, and wayfinding methods will
be incorporated in the new centre.
How the Grand River Accessibility Advisory Committee (GRAAC) helps ensure staff think accessibility
first:
GRAAC has created position papers and accessibility comment sheets to guide the work of staff. These
include:
• Position papers on In -Boulevard Shared Use Facilities, Signage, Sidewalk Snow Removal,
Accessible Parking, and Installation of Sidewalks.
• Accessibility comment sheets for new construction and renovations on Washrooms, Outdoor Play
Spaces/Playgrounds, Recreational Trails, Rest Areas, and Painted Crosswalks.
These position papers and accessibility comment sheets are created for staff to use in the early stages of
design prior to bringing drawings to GRAAC for feedback. This will help remove and prevent barriers by
ensuring feedback from residents with lived experiences is included from the beginning.
Page 10 of 44
Provincial Review of Standards:
All Standards are reviewed by the Province of Ontario, therefore requiring updates to existing policies,
training, manuals, bylaws etc. As a result of the reviews, revisions to current standards or new standards
may be introduced by the Province of Ontario which will include new requirements and compliance
deadlines. Those revisions and any actions related to them will be captured in the City of Kitchener annual
status update.
As municipal projects arise, city site plans will continue to be reviewed by the Grand River Accessibility
Advisory Committee for suggestions on how to best improve and achieve accessibility.
Consultation Commitment:
The City of Kitchener recognizes that broader public engagement along with GRAAC, agencies that provide
services to persons with disabilities and citizens with disabilities is beneficial to the successful
implementation of the Accessibility Plan. Staff will continue to work with GRAAC, local service providers
and citizens throughout the duration of the Accessibility Plan in order to further identify, prevent and
remove barriers for people with disabilities.
Looking Forward:
As required by legislation, once approved, the Accessibility Plan will be posted on the City of Kitchener
website so that it is available to the public. The Accessibility Plan will be reviewed and updated every five
years or as determined by further changes to the legislation. An annual status update will be posted on
the City of Kitchener website.
Staff Contact
Lolita Paroski
Inclusion Services Coordinator
519-741-2200 ext. 7226 Email: lolita.paroski@kitchener.ca
AODA, Accessibility legislation
https://www.ontario.ca/laws/regulation/110191
The Corporation of the City of Kitchener Accessibility Policy
https://www.kitchener.ca/en/resourcesGeneral/Documents/COR Accessibility Policy.pdf
GRAAC web page
https://www.kitchener.ca/en/council-and-city-administration/grand-river-accessibility-advisory-
committee.aspx
Province of Ontario, Muti-Year Accessibility Plan
https://www.ontario.ca/page/accessible-design-2022-2025-ops-multi-year-accessibility-plan
Page 11 of 44
Staff Report
r
NJ :R
Financial Services Department www.kitchener.ca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: February 13, 2023
SUBMITTED BY: Ryan Hagey, Director, Financial Planning, 519-741-2200 ext. 7353
PREPARED BY: Ryan Hagey, Director, Financial Planning, 519-741-2200 ext. 7353
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: January 26, 2023
REPORT NO.: FIN -2023-064
SUBJECT: McLean-Peister Limited, 375 New Dundee Road - Section 20
Development Charges Complaint
RECOMMENDATION:
That the complaint of McLean-Peister Limited in relation to the City of Kitchener's
development charges imposed for its development at 375 New Dundee Road as set out
in report FIN -2023-064 be dismissed.
REPORT HIGHLIGHTS:
The purpose of this report is to address a complaint about development charges imposed
for a development at 375 New Dundee Road.
The key finding of this report is the complaint should be dismissed.
This report supports the delivery of core services.
BACKGROUND:
A complaint was filed with the City of Kitchener and the Region of Waterloo regarding the
development charges (DCs) imposed for a development at 375 New Dundee Road. A portion
of the complaint applies only to the Region of Waterloo, with the remaining portions of the
complaint also applying to the City of Kitchener.
Complaints of this nature are permitted under section 20 of the Development Charges Act. City
of Kitchener Council has delegated authority to hear these complaints to the Finance and
Corporate Services Committee as part of report COR -2022-498, Development Charges Section
20 Dispute and Hearing Process. This report is in compliance with the process outlined in the
previous report, including providing at least 14 days notice of the hearing. The Region of
Waterloo is following their own process to address the complaint and is scheduled to consider
the matter on February 7, 2023.
The remainder of this report outlines the specific complaints and addresses why they should be
dismissed by Committee.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 12 of 44
REPORT:
Complaint #1 — Development should be considered an industrial building.
This complaint seeks a reduction in Regional development charges as they deem the building
to be an industrial building. This complaint has nothing to do with the City and is therefore not
addressed as part of the City's report.
Complaint #2 — A credit should be provided for work external to the development site.
A credit of $314,264.74 is being sought for the construction of a water service and septic system
with costs outlined in Appendix E of the complaint letter (Attachment A). Mapping showing the
site and water service connections is attached for reference as Attachment B.
In order to construct their development, the developer installed a 200mm water service to their
property. The City's DC bylaw provides clarity on what infrastructure will be funded by DCs and
what is the responsibility of developers in Appendix H - Local Service Definitions. The portion
relating to watermains is attached to this report as Attachment C, with the most relevant clauses
being noted below:
• 10.1 Watermains 300 mm and under are deemed to be a local service and are a direct
funding responsibility of the developer.
• 10.3 Connections to trunk mains and pumping stations to service specific areas are to be
a direct developer responsibility.
It should also be noted that much of the amount being sought as credit appears to be related to
the installation of on-site septic works and costs to extend water services through the
complainant's private property, which costs would never be eligible for a credit.
The water service connection installed by the developer is less than 300mm and services only
their property, so is solely their responsibility. Because of this, no credit should be provided.
Complaint #3 — A reduced DC rate should be used as not all services are provided.
A reduced DC rate is requested "given there are no ditches, sidewalks, sanitary, water, storm
sewers, curbs, streetlights provided, as all contemplated in the DC Study."
The City has already provided a reduced DC rate for this property. The City's DC was calculated
using non-residential, no sanitary, Suburban Area rate. The only other rates available in the
Suburban area under the City's current bylaw would be the full DC rate, or the no sanitary/no
water rate. The rates from the 2022 DC bylaw update are shown in the table below.
DC Rate Structure from the 2022 DC Bylaw Update
Page 13 of 44
Note: 1 square metre =10-161 square feet_
Further, the Ontario Court of Appeal has confirmed that a development charge is a type of tax
and is distinct from a "lot levy" which is intended to pay for specific services for a specific
development. The Court held that, "...a development charge is not even collected to defray the
capital costs attributable to a particular development. A development charge bears no
relationship to the value to a developer of the capital expenditure it is intended to offset"
Action for Committee
After hearing evidence and submissions from the complainant, Committee may dismiss the
complaint or rectify any incorrect determination or error that was the subject of the complaint.
The key to this provision of the DC Act is that Committee must find that there has been an
incorrect determination or error in the application of the DC By-law before it grants the requested
remedy. In order to do this Committee must find that the provisions in the existing DC by-law
were not applied as prescribed; Committee may not amend existing provisions in the bylaw in
order to grant the requested remedy. Decisions of this Committee are final and binding. Section
22 of the DC Act provides that a complainant can appeal any decision of this Committee to the
Ontario Land Tribunal.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
• COR -2022-498 Development Charges Section 20 Dispute and Hearing Process
APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services
Page 14 of 44
Residential Charge by Unit Type
Non -
Residential
Singles &
Multiples &
Lodging
semis
7awnhouses
Doplexes
Houses
Charge per m2
Total Suburban
:3,7_.'::s
V17,370
$1�.505
$7�.ri
Total Suburban Partial Services -
NoSanitarySewer
520,493
$14,379
$10,316
$5.79(
$48,55
Total Suburban Partial Services -
No Sanitary Sewer or water
$19,977
$14,030
$11,66!'
$113,100
$5.67;
$a, r1
$45.87
Total Central Neighbourhood
$16,61;
$8,399
Note: 1 square metre =10-161 square feet_
Further, the Ontario Court of Appeal has confirmed that a development charge is a type of tax
and is distinct from a "lot levy" which is intended to pay for specific services for a specific
development. The Court held that, "...a development charge is not even collected to defray the
capital costs attributable to a particular development. A development charge bears no
relationship to the value to a developer of the capital expenditure it is intended to offset"
Action for Committee
After hearing evidence and submissions from the complainant, Committee may dismiss the
complaint or rectify any incorrect determination or error that was the subject of the complaint.
The key to this provision of the DC Act is that Committee must find that there has been an
incorrect determination or error in the application of the DC By-law before it grants the requested
remedy. In order to do this Committee must find that the provisions in the existing DC by-law
were not applied as prescribed; Committee may not amend existing provisions in the bylaw in
order to grant the requested remedy. Decisions of this Committee are final and binding. Section
22 of the DC Act provides that a complainant can appeal any decision of this Committee to the
Ontario Land Tribunal.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
• COR -2022-498 Development Charges Section 20 Dispute and Hearing Process
APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services
Page 14 of 44
ATTACHMENTS:
Attachment A — Letter of Complaint and Appendices
Attachment B — Mapping of Subject Property and Water Service Connections
Attachment C — Local Service Definition for Water
Page 15 of 44
Attachment A - Letter of Complaint
(0 COWLING WLG
October 27, 2022
Via E-mail & Hand Delivered
Attention: Regional Clerk
Region of Waterloo
150 Frederick Street
Kitchener, ON N2G 4J3
regionalclerk(a)regionofwaterloo.ca
Attention: City Clerk
City of Kitchener
PO Box 1118
Kitchener, ON N2G 4G7
clerks(cDkitchener.ca
Dear Sir/Madame:
Re: Our Client: McLean-Peister Limited
Property: 375 New Dundee Road, Kitchener
Dispute of DC Invoice for Permit Application No. 22 110771
John Doherty
Direct +1 519 575 7518
Direct Fax +1 519 571 5018
john.doherty@gowlingwlg.com
File no. K0569889
We write to you as counsel for McLean-Peister Limited, a Kitchener -based developer who owns the
property municipally known as 375 New Dundee Road, Kitchener, Ontario, and legally described as Part
Lot 7 Beasley's Old Survey Twp of Waterloo, being Parts 1 to 9 on 58R-15763; Kitchener (all of PIN
03771-0017 (LT)) (the "Property").
The purpose of this letter is to formally file a complaint pursuant to s.20(1) of the Development Charges
Act. The basis of our client's complaint is that:
(a) the amount of the development charge was incorrectly determined;
(b) that a credit is available to be used against the development charge; and
(c) there was an error in the application of the development charge by-law.
We ask that you please forward this complaint to your respective municipal Councils and advise us as
to the hearing date for our client to make representations before Council.
Background
Our client is currently developing a multi-storey industrial facility on the Property whose primary use is
for storage units of varying sizes. The facility will also include retail space and an adjacent parking area.
As part of its development of the Property, our client received Invoice dated July 29, 2022 for
development charges totalling $2,019,341.12. A copy of the Invoice is attached hereto as Appendix
«A„
Gowling WLG (Canada) LLP T +1 519 576 6910 Golding WLG (Canada) LLP is a member of Gowling WLG, an international law firm
345 King Street West, Suite 600, F +1 519 576 6030 "Which consists of independent and autonomous entities providing services around
Kitchener ON N2G 005 Canada gowlingwlg.com the world. Our structure is explained in more detail at gowiingwig.com/legal.
Page 16 of 44
Attachment A - Letter of Complaint
0 COWLING WLG
Our client paid said invoice under protest on August 25, 2022. A copy of the Payment Transaction is
attached hereto as "Appendix B".
The development charges collected from our client are as follows:
Suburban Area D.C.
$422,291.18
Interest on Suburban DC
$17,916.72
Wat Region Dist School Bd EDC
$161,111.09
Wat Catholic Dist School Bd
EDC
$52,035.88
Region of Waterloo D.C.
$1,344,397.25
Damage Deposit (Engineering)
$21,120.00
Damage Deposit Inspection
$469.00
Total:
$2,019,341.12
Following payment, our client was issued a Building Permit for a multi-storey "industrial self -storage
facility", which is marked as "Type: Warehouse". Copy of Building Permit No. 22 110771 for footing and
foundation is attached hereto as Appendix "C".
Industrial Facility
It is our client's position that the multi-storey industrial facility slated for the Property fits within the
definition of an "Industrial Building" as prescribed by the Region's Development Charge By-law 19-037
(the "Regional By-law"). Thus, it is eligible for the sixty percent discounted development charge rate
pursuant to s.4(11), but was incorrectly charged the Region's standard Non -Residential Rate.
The Regional By-law definition of Industrial Building captures Warehousing, which is defined as "a
building in which the main use is the bulk storage of raw or semi -processed goods to be used in
manufacturing and/or the wholesale distribution of manufactured goods or materials." The primary use
of the Property fits within this definition.
Further, the Property is designated as Business Park Employment in the City of Kitchener Official Plan,
which permits construction uses and contractor/services trades, industrial uses with a commercial
component that require large areas for the storage of goods, and warehousing, storage, distribution and
wholesaling. Further, the Property is zoned General Business Park Employment (EMP -5) in the City of
Kitchener Zoning By-law 2019-051, which permits industrial administrative offices, major equipment
supply and service, manufacturing that does not include a noxious use and warehousing that does not
include a noxious use. The City zoning by-law defines warehouse as "the use of a building for the storage
Page 2
Page 17 of 44
Attachment A - Letter of Complaint
0 COWLING WLG
and/or distribution of goods and can include self -storage warehouses, and facilities for the wholesaling
of goods otherwise storage or manufactured in the building, but shall not include a transport truck
terminal." Ultimately, our client has been permitted to construct an industrial warehouse facility in a
zoned -area that permits such industrial use — is it inconsistent and incorrect for the Region to
characterize our client's intended use of the Property as a non -Industrial Building.
Development Charge Credit
Generally, our client's development of the Property represents passive industrial use in that the Property
will be based on a septic system, rather than connecting to any municipal or regional sanitary lines, and
public storm water runoff will be conveyed through the Property and through our client's infiltration
gallery. Notably, our client has no ditches, sidewalks, sanitary, water, storm sewers, curbs, streetlights,
as all contemplated in the DC Study, which is the purpose for which the DC charges are applied. No
such services, however, are provided or planned for this property or adjacent to it.
As part of its development of the Property, however, our client completed a watermain extension at its
own cost.
The Regional By-law at s.8 contemplates the provisioning of development charge credits as required
under ss. 38 to 41 inclusive of the Development Charges Act, and that they shall be applied against the
development charge payable under the by-law on a site to a maximum of the development charge
otherwise payable for the services to which the work relates and in a manner set forth in an agreement
authorized by Council.
Section 8.3.6 of the Development Charge Background Study, prepared for the Region by Watson &
Associates Economists on April 23, 2019, provides the following:
Sections 38 to 41 of the D.C.A. set out a number of credit requirements, which apply where a
Region agrees to allow a person to perform work in the future that relates to a service in the D.C.
by-law. These credits would be used to reduce the amount of D.C.s to be paid. The value of the
credit is limited to the reasonable cost of the work which does not exceed the average level of
service. The credit applies only to the service to which the work relates, unless the Region agrees
to expand the credit to other services for which a D. C. is payable.
The City of Kitchener's Development Charge By-law 2022-071 provides that the "City may by agreement
permit the owner of land to which development charges apply to provide services for development or
redevelopment of that land in lieu of the payment of all or any portion of a development charge, including
services additional to or of a greater size or capacity than is required under this by-law ("services in
lieu")". And that "[u]pon proof of the installation or construction of services in lieu to the satisfaction of
the City's Engineer, a credit, without interest, shall be applied against development charges payable for
an amount equal to the reasonable cost to the owner of providing services in lieu, as determined by the
City's Engineer, not to exceed the total amount of the development charges otherwise payable." This
language is found at Appendix H of the City's Development Charges Background Study, prepared for
the City by Hemson on July 22, 2022.
Notwithstanding that our client's site plan agreement with the City of Kitchener, attached hereto as
Appendix "D", is silent on development charges and development charge credits, the Ontario Land
Page 3
Page 18 of 44
Attachment A - Letter of Complaint
() COWLING WLG
Tribunal's predecessor recently held that s.38 of the Development Charges Act does not require a
"written agreement' to provide a development charge credit. Rather, the municipality shall provide a
credit if three pre -requisites are met:
(a) The owner has performed certain work;
(b) The municipality has agreed to allow the owner to perform the work; and
(c) The work must relate to a service to which a DCBL relates.'
Our client contends that each of these criteria are met with respect to the work it completed — particularly
given that our client has incurred $314,264.74 including HST to install the watermain and its own septic
system, as set out in Appendix "E", for which a credit ought to be granted.
We respectfully submit that the development charges for the Property be recalculated so as to reflect
(1) the sixty percent discount from the Region's Non -Residential Rate; (2) the credit owed to our client
for the performance of certain work by our client that is external to the development and was acquiesced
to by the municipality; and (3) a reduction in the DC rate charged, given there are no ditches, sidewalks,
sanitary, water, storm sewers, curbs, streetlights provided, as all contemplated in the DC Study.
We reserve our client's right to set out such further and other grounds for this complaint as counsel may
advise in its submissions at the hearing of this complaint before Council.
Yours very truly,
Gowling WLG (Canada) LLP
Y/
John Doherty
JSD:kd
Encl.
' Phantom Developments Inc. v Toronto (City), 2020 Cantil 55391 (ON LPAT).
Page 4
Page 19 of 44
Attachment A - Letter of Complaint
APPENDIX "A"
Page 20 of 44
Attachment A - Letter of Complaint
J Development Services Department
Building Division
200 King St. W., 5th Floor
Kitchener, ON N2G 4G7
Ph. 519-741-2312
TTY 1-866-969-9994
building(a)-kitchener.ca
www.kitchener.ca
Invoice
July 29, 2022
Invoice for Permit Application: # 22 110771
Please remit invoice along with payment.
375 NEW DUNDEE RD
Foundation - Only - SURVEY BEASLEYS OLD PT LOT 7
Permit is for the footing and foundation, including site servicing, for a 3 -storey industrial self -storage
facility. See septic permit 22 116424. See balance of construction permit 2 112666.
The following fees are now due for this project:
Damage Deposit Inspection
$469.00
Damage Deposit (Engineering)
$21,120.00
Region of Waterloo D.C.
$1,344,397.25
Wat Catholic Dist School Bd EDC
$52,035.88
Wat Region Dist School Bd EDC
$161,111.09
Suburban Area D.C.
$422,291.18
Interest on Suburban DC
$17,916.72
TOTAL:
$2,019,341.12
The Interest on Suburban or Central DCs shown on this Invoice is only valid 30 days
from the date of this invoice.
Once Site Plan Approval has been granted and the fees have been paid,
the building permit can be issued.
Note: The refund of the permit fee (Rebate Program) amount is eligible upon confirmation of the final building
inspection and grading certification (if applicable) within one year of occupancy except for low-rise residential
which must be within 270 `seasonal days' of occupancy.
We accept payments in the form of cash, debit or cheque to:
City Hall, P.O. Box 1118, 200 King St W, 5th floor, Building Division, N2G 4G7.
Cheques payable to the "City of Kitchener", and include your permit application number on the cheque, or copy of invoice.
Page 21 of 44
Attachment A - Letter of Complaint
APPENDIX "B"
Page 22 of 44
Attachment A - Letter of Complaint
PAYMENT TRANSACTION
Corporation of the City of Kitchener K; CR
200 King St. W, P.O.Box 1118
Kitchener, ON N2G 4G7
For faster service in person or by phone please refer to Project File#: 22 110771 IB
PROPERTY TAX ROLL #:301206001015301 PAID BY:
PROJECT LOCATION: 375 NEW DUNDEE RD MCLEAN-PEISTER LIMITED
SURVEY BEASLEYS OLD PT LOT 7 3328 KING ST E
KITCHENER ON N2A 1133
TYPE: Warehouse
WORK: Foundation - Only
PROJECT DESCRIPTION: Permit is for the footing and foundation, including site servicing, for a 3 -storey industrial self
APPLICANT: MAPLE REINDERS (KORY MAXFIELD)
Fees collected August 25, 2022 1 Estimate (There may be additional fees due)
Suburban Area D.C.
$422,291.18
Interest on Suburban DC
$17,916.72
Wat Region Dist School Bd EDC
$161,111.09
Wat Catholic Dist School Bd EDC
$52,035.88
Region of Waterloo D.C.
51,344,397.25
Damage Deposit (Engineering)
$21,120.00
Damage Deposit Inspection
$469.00
TOTAL
$2,019,341.12
ADDITIONAL FEE TOTAL
Note: Permit Fee (Rebate Program) is eligible to be refunded provided the final buliding inspection and grading certification
(if applicable) is completed within one year of occupancy. For new construction of single detached, duplex, semi-detached,
townhouse and triplex dwelling units that are occupied after January 1, 2005 the final building inspection and grading certifcation
(if applicable) will need to be completed within 270 'seasonal days' of occupancy. Page 23 of 44
Attachment A - Letter of Complaint
APPENDIX "C"
Page 24 of 44
1
K; CR
Permit #: 22 110771
Site Address:
375 NEW DUNDEE RD
Attachment A - Letter of Complaint
Legal Description:
SURVEY BEASLEYS OLD PT LOT 7
Type:
Warehouse
Work:
Foundation - Only
Project People
Applicant .........
BUILDING PERMIT
Issue Date: Aug -25-2022
Description:
Permit Is For The Footing And Foundation, Including Site
Servicing, For A 3 -Storey Industrial Self -Storage Facility.
See Septic Permit 22 116424. See Balance Of
Construction Permit 2 112666.
Construction Value......................................$10,000,000
Total New Floor Area, incl. whole basement (Sq Ft) ...... 0
.MAPLE REINDERS KORY MAXFIELD
Special Conditions and notes (Conditions also printed on back of permit)
All work shall comply with the 2012 Building Code
Applicant's responsibility to provide set of approved permit drawings, in colour, on site at all times
Permission is hereby granted for the above noted project in accordance with the plans
reviewed and approved by the City of Kitchener and subject to any provisions thereon.
The following are the inspections applicable for this project. Depending on the scope of work, other inspections
may apply. Call 519-741-2761 to request the applicable inspection or online at www.kitchener.ca/onlinepermits
Inspections requested for AM are prioritized by inspection type, if AM cannot be accommodated inspection will
transfer to the PM.
Code
Inspection Code Description
Code
Inspection Code Description Code Inspection Code Description
01
Pre -Construction
11
Storm Sewer 47 Occupancy Only
02
Excavation Footing
13
On -Site Fire Hydrant 49 Final Building
03
Foundation Pre -Backfill
14
Backflow Preventor
04
Steel Reinforcing
16
Underground Rough -in
08
Erosion Control
17
Above Ground Rough -in
09
Water Service Main
19
Final Plumbing
The following reports are required prior to occupancy.
Water Quality Test Report
Architect's Final Review Report
Mechanical Engineer's Final Report
Structural Engineer's Final Report
Soils Engineer Report
Site Servicing Consultant's Review
-1 T
Authorized by Michael Seiling, CET, CBCO,
Chief Building Official
Building Division] 200 King Street Westl P.O. Box 1118, Kitchener ON N2G 4G7
Phone: (519) 741-23121 Inspection Request Line (519) 741-27611 www.kitchener.ca/onlinepermits
Page 25 of 44
AttjtgA,� E�VI&W&UEp int
This permit does not authorize work upon, under or over a street allowance or easement.
It is the owner's responsibility to determine the limits of his/her property and the existence
of any easements or registered restrictions on this property.
The work authorized by this permit must commence within 6 months from the date of
issuance.
This permit is transferable for change of ownership only. Separate application is required.
Any work covered before a mandatory inspection has been completed may be ordered to be
uncovered by the building inspector.
Section 10.2-(1) of the Building Code Act requires notification for each stage of construction
as specified in the Building Code when construction is ready to be inspected. The inspection
will be performed within the prescribed period. Book your inspection(s) by 3 p.m. on the day
before your inspection.
Applicable inspections are listed on front of permit. To schedule an inspection online go to
www. kitchener.ca/onlinepermits
OR call 519-741-2761 to request inspections. You will need to enter the following:
1. 8 -digit permit number
2. 2 -digit inspection code
3. 1 -digit number of business days
4. 1 -digit preferred time of day, 1 = AM (9-1PM) 2 = PM (12-3PM) 3 = Anytime
All proposed construction must be completed in accordance with the approved plans and
specifications. Construction must comply with the Building Code Act & the Building Code
Regulations and all other applicable statutes and by-laws.
Section 11 of the Building Code Act states that any building or part thereof erected or
installed is not to be used or occupied until a final inspection has been made and any order
made by an inspector has been complied with.
When paid fees include a Permit Fee (Rebate Programs)', it is eligible to be refunded
provided the final building inspection and grading certification (if applicable) is completed
within one year of occupancy. For new construction of single family, duplex, semi-detached,
townhouse and triplex dwelling units that are occupied after January 1, 2005, the final
building inspection and grading certification (if applicable) will need to be completed within
270 seasonal days' from occupancy date. Refunds are processed automatically and mailed
to the payor. If you have not received your refund and think you are eligible please call
519-741-2530.
Page 26 of 44
Attachment A - Letter of Complaint
APPENDIX "D"
Page 27 of 44
Attachment A - Letter of Complaint
-13
City of Kitchener 700
standard Development Agreement
Amended February, 1973.
AGRBt7UW made this 7th day of February , A.D. 198 4 .
B E T w E E Nr
_ and _
NACAPBB HOLDINGS LIMITED,
hereinafter called the txarta,
THE CORPORATION OF THE CITY OF KITCMUM,
hereinafter called the CITY,
of the FIRST PART,
Of the SWM PART,
WHEREAS the Amer represents it is the owner of the lards described
in Schedule •A• to this agreement
AND MMEAS the Amer has agreed to perform the covenants herein
contained in consideration of conditions imposed under (sane Change Application
,member 42/81/N lyplbestion"Nosdrer»--------y
and of the rights and privileges conferred thereby.
NOW TIB IN CONSIDERATION of the promises and the ens of ONE
($1.00) DOLLAR paid by the City to the owner and the Party(les) of the Third
Part and other consideration, the parties hereto covenant and agree as follower
1. (a) In respect of all lands that are to be used for any purpose
other than detached or semi-detached single family dwellings
or multiple dwellings containing not more than six (6) units
per building, the Amer agrees that no building will be
Page 28 of 44
Attachment A - Letter of Complaint
- Page 2 -
arsoted MA so building permit will be available therefore
until site and elevation plans have been approved by the
Kitchener Planning Committee;
(b) Said site and elevation plans @hall be in such detail as
the Planning Committee requlrea and shall includes
(1) location of proposed buildings
(ii) height of proposed buildings
(iii) location of entrance and s=its
(iv) area and location of land@ to be used for
off-street parking and driveways
(v) use of lands not covered or - be covered by
buildings
(vi) architectural elevations of the proposed
buildings specifying building material
and colours
(vii) in the case of residential buildings, the
number and dimensions of each dwelling
unit and the location of same in the
buildings.
2. The Owner agrees that such building or buildings will be erected
in accordance with the plans an approved, subject only to such changes as
are approved.
3. without limiting the powers of the Planning Committee, it is agreed
that the Committee may refuse to approve any such plan upon aesthetic grounds
or may approve it subject to conditions.
4. The Owner further agrees that&
(a) final grades and elevations will be established to the
satisfaction of the Commissioner of Planning and
Developments
(b) all surface and roof drainage will be controlled on site
and taken to an outlet approved by the carsaissioner of
Public Marko,
(c) all necessary provisions for service connections on site
WILL be made to the satisfaction of the City or the Hydro-
Slectric Commission of Kitcheonr-Milmot, an the ease
Page 29 of 44
omplaint
r
Page 3 -
may be. at the Omer's expense;
(d) construction work will be carried forward expeditiously.
In a good and workmanlike sumer, in accordance with
good trade practise and so as to cause a minimum of
nuisance;
(e) all necessary precautions to avoid dusty noise and other
nuisances and to provide for the public safety will, so
far as possible, be taken;
(f) all necessary care will be taken to sea that mud and soil
is not tracked or spilled onto any public highway;
(g) garbage disposal facilities will be located and designed
In a manner satisfactory to the Planning Committee;
(h) all parking lots and drives will be paved with hot mix
asphalt or concrete and, where necessary in the opinion
of the Commissioner of Public works, curbed with concrete curbs;
(i) upon failure by it to do any act that the public safety
or convenience requires, in accordance with this agreement.
on reasonable notice, the City, in addition to any
other remedy, may go in and do same at the owner's
expense and collect the cost in like manner as municipal
taxes;
(j) the City may treat any breach of this Agreement as breach
of the Building By-law and stop work until the breach is
rectified;
(k) nothing in this agreement constitutes waiver of the owner's
duty to comply with any By-law of the City or any other
law;
(1) it will convey to the City without charas the easement
described in Schedule "B" to this agreement;
(m) it will pay to the City for its capital purposes the lot
levy as set out in Schedule "C";
=191ne MIE11
Complaint
0
- Page 4 -
(u) it will pay to the City Park Density Trust Fund
(i) in the one of a rezoning which permit*
y residential development to a higher
density than permitted by the former
seeing, the sum of Fifty (850.00) Dollars
far each additional dwelling unit so
permitted; or
(11) in the case of a Comittee of Adjustment
variance which has the effect of permitting
s higher density than would athervi a be
allowed. the am of fifty (800.00) Dollars
for each additional dwelling wit so permitted.
(o) it will do all landscaping provided for in the approved plane
or the ameading By-law;
(p) the City may require that any money payable under this agreement
and any money payable for services or service connections
be paid before issuance of a building permit.
5. The sums payable pursuant to clause (m) of paragraph 4 above,
shall be payable to the City of Kitchener. whether or not the City here-
after is a part of a regional government and whether or not the responsibility
for some or all of the works referred to in the lot levy resolution of
October 11th. 1966. as wended, is transferred to another level of government.
6. The Owner agrees that he will not call into question directly or
Indirectly in any proceedings whatsoever in law or in equity or before any
administrative tribunal the right of the City to enter into this Agreement
and to enforce each and every term. covenant and condition herein contained
and this agreement may be pleaded as our estoppel against the Developer in
any such case.
7. The Owner charges the lands with the performance of this agreement.
8. So far as may be, the dovenants of the owner herein shall be
restrictive covenants zvmdng with the land for the benefit of the adjoining
lands of the City or such of them as may be benefitted thereby and shall be
binding an the owner, his heirs. executors. administrators, successors and
assigns as owner and occupiers of the said land from time to time.
9. The Party(les) of the Third Part join herein to consent hereto and
to bind their interest in the lauds hereto.
Page 31 of 44
omplaint
d
i
- Page S -
10. Tne Owner agrees to develop and maintain the site in compliance with
the site plan, prepared by the City's Department of Planning and Development,
dated Revised October 13. 1993 and attached hereto as schedule 'B'. Minor
obanges to said plan, acceptable to the City's Commissioner of planning and
Development, may be permitted.
11'. The Omer agress to prepare a detailed Grading and Drainage Control
Plan shoving drainage details for the subject lands, abutting properties and
public rights-of-way so an to saea�re cospetible drainage, to obtain approval
thereof from the City's Commissioner of Public Works, the Ministry of
Transportation and oomdnioatioss and Ccanissiouer of Moginsering for the
Regional Municipality of Waterloo, prior to applying for or being issued any
building permits for the proposed development and to complete the site grading
and drainage in accordance with the approved plan prior to ocompau y of the
proposed development.
12. The Owner agrees to prepare a Stora Water Management Plan and/or Storm
Drainage Outlet Scheme in a000rdance with the Urban Drainage Policy a0d'to
obtain approval thereof tram the City's Commissioner of Public Works prior to
registration of the Section 40 Development agreement.
13. The Owner agrees to show all required and approved storm water
management facilities on an appraved alto plan to be attached to and fors part
of a Section 00 Development agreement wbicb aball be registered against title,
prior to applying for or being Sesued say building permits for the proposed
development. Further, the owner agrees to auiataln any required store water
management facilities for the life of the proposed development.
H. The Owner agrees to asend the site plan attaobsQ to sad forming Part of
this agreement should the approved storm rates management plan necessitate a
change thereto.
15. The owner agrees to impleosnt the storm rater management plan as
approved by the City's Department of Public Works, including the storm detection
area as sham on the site plan attached hereto ne schedule 'a• and to maintain
the plan and the area in perpetuity.
U. The owner &groes that the Regional Municipality of Waterloo shall a
notify the City by letter that all Regional requirements have been satisfied
with respect to the proposed development prior to the third reading of the �.
amending goring By-law at City Council.
r
__-_Page 32 of 44
omplaint
- page 6-
17. %to owner agrees to obtain approval for the private water system,
septic tank and tile bed from the Regional Health Unit and to provide a written
copy of such approval to the City's Commissioner of planning and Development,
prior to the third reading of the amending Honing By-law.
18. The Owner agrees to prepare landscaping plane showing planting and
surfacing details for all areas not covered by structures or 6 parking lot, to
obtain approval thereof from the City's Chief Building official prior to
applying for or being issued any building permits and to complete the
landscaping in accordance with the approved plan prior to occupancy of the
proposed development.
19. The Owner agrees to maintain the required and approved landscaping in
an acceptable state for the life of the proposed development.
20. The owner agreed to show on the required landscaping plan the location
of exieting treem and the methods to be employed in retaining those tress
required to be protected and to implement all approved tree saving measures,
prior to applying for or being issued any building permits for the proposed
development and prior to conducting any on -este grading.
21. The Owner agrees to show on the required landscaping plan, planting and
surfacing details for the portion of all, adjacent, City -owned property located
between the roads of boulevards and the owner's property line so as to ensure
a contiguous landscaped area between the public road and the owner's proposed
development and to complete the landscaping on the said public lands in
accordance with the approved landscaping plan prior to occupancy of the proposed
development.
22. that, in the event that garbage containers are not provided within the
buildings, the diner agrees to show on the required landscaping plan the
location and details of all garbage containers an site, which shall be located
on a concrete pad and fully enclosed on all sides, save and except for the
purposes of ventilation and access, by a structure having a height of 1.6 metres
and to locate and construct the garbage containers in accordance with the
approved plan and details prior to occupancy of the proposed development.
23. The owner agrees to install O.15 metre. raised curbing as indicated and
in the locations shown on the site plan attached hereto as Schedule "B' prior to
occupancy of the proposed development.
P ge 33 of 44
tter of omplaint
i
- page 7 -
24. The owner agrees that all outdoor lighting and signage shall be
red
approved by the Ministry of Transportation and Communication prior to applying
for or being issued any building permits for the proposed development. "a
owner further acknowledges that, notwithstanding the Ministry's approval of
signs, all signs shall comply with the City's sign By-law.
25. The owner agrees to pave all areas intended to facilitate on-site
vehicular movement, parking and loading areas, as shown on the site plan
attached hereto ss Schedule 'B•, with bot -mixed asphalt or equivalent and to
demarcate the parking an said pavement, prior to occupancy of the proposed
development.
26. The owner agrees to make arrangements, financial and otherwise, to the
satisfaction of the City's Director of Utilities for the payment of the owner's
share of watersain chargee prior to applying for or being issued any building
permits.
27. The Owner agrees that "Ho Parking -Fire Route• signs shall be installed
an the site at the owner's expense as required by the City's Chief Fire
Prevention Officer and further that By-law 77-92-P shall be amended so as to
include said Fire Route by adding it to appendix 'B' of said By-law, prior to
occupancy of the proposed development.
28. The owner agrees that, as part of the Storm Rater Management Plan
and/or Storm Drainage outlet Scheme, to include details relative to the
provision and seintenance of an on-site emergency water supply for firefighting
purposes, to obtain approval of the details thereof from the City's Commissioner
of public works and the City's Chief Piro Prevention officer, prior to the
registration of the Section 40 Development Agreement and to Implement the
approved details, prior to occupancy of the proposed development. Further, the
owner agrees to maintain the required facilities until such time as a watermain
is available to service the subject lands.
29. The Omer agrees to make arrangements to the satisfaction of the
Kitchener -Wilmot Hydro CaamiOaLco for the provision of permanent electrical
services to the proposed development prior to applying for or being issued any
building permits for the proposed development. The owner further agrees, that
should permanent installations be Impractical at the time, to pay all costa
Incurred through the provision of temporary electrical services and the removal
of much services when permanent Installations are possible.
4ge 34 of 44
Attachment A - Letter I
f Complaint
- Page B -
M
30. The Owner agrees that, in the event that the facilities at improvements
required by Sections 11., 15., 19., 22., 23. ane 25. are not completed prior to
occupancy and specified In this Agreement des to adverse weather conditions or
other extenuating circumstances as acknowledged by the City's C umissioner of
Planning and Development, occupancy may be appro"do if requested, based on a
Letter of Credit for 300% of the estimated cost of the outstanding work which
shall be submitted in a form and mount satisfactory to the City's Chief
Building Official.
31. The City may give a Release of this Agreement as it applies to the
lands or portions thereof. The Release shall not, however, release any of the
conditions Imposed by Sections 10., 1S. and 19. hereof. The faeilities or
requirements provided for by the said Sections shall be maintained for the life
of the proposed development and at the Owner's cost.
0
Page 35 of 44
Complaint
OVA
- Paye g -
We Agreement shall anura to the benefit of and be binding upon
the parties hereto, their heirs, executors, adainiwtrators, a- seers and
assigns.
IN MMMW MUMU the Party of the First Part has hereunto (got
his hand and seal)(caused to be affixed its corporate asal under the hands of
its duly authorised officers In that behalf) and the Party of the Second Part
has haruunto affixed its corporate weal under the hands of Its Mayor and Clark
and the Party of the 1'hisd Part has beraunto (eat his hand and seal)(causea to
be affixed its corporate seal under the bands of its duly authorised officers in
that behalf).
SIMM SEA= a DCi"MED ) )RMPM RO=UW MITRD
In the Presence of ) _�
f'
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Attachment A - Letter of Complaint
SCHEDULE "A°
All and singular that certain parcel or tract of land and premises
situate, lying and being in the City of Kitchener, in the Regional
Municipality of Waterloo, formerly in the Township of Waterloo, and
being composed of Part of Lot 7 in Beasley's Old Survey for the City
of Kitchener, which may be more particularly described as followst
PREMISING that the westerly limit of Lot 7 of Beasely's Old Survey is
on a bearing of North 13 degrees 41 minutes West and relating all
bearings herein thereto.
COMMENCING at a point in the westerly limit of said Lot 7 where it
is intersected by the westerly limit of the lands shown in Deposited
Highway Plan 401;
THENCE North 34 degrees 41 minutes West along the westerly limit of
said Lot 7 a distance of 811.80 feet t6 a point where the said westerly
limit is intersected by the southerly limit of the lands as shown in
Deposited Highway Plan 675;
THENCE along the curve to the right having a radius of 1959.9 feet
with an are distance of 554.6 feet and a cord distance of 552.7 feet
and said cord being on a bearing of north 56 degrees 20 minutes and
30 seconds east to a point in the southerly limit of County Road 96;
THENCE North 56 degrees 9 minutes 30 seconds East along the southerly
limit of said County Road 06, 245.10 feet to a point where the said
southerly limit of County Road 06, is intersected by the westerly
limit of the lands in said Highway Plan 401;
THENCE South 22 degrees 37 minutes 30 seconds West along the said
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westerly limit a distauce_gf 1287.38 feet to the point of gomm qce ��'��T.oO•,,
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Page 37 of 44
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SCHEDULE "B'
Page 38 of 44
Attachment A - Letter of omplaint
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Revised Masrob 1975
Revised Mara 1996.
SCREOUGB "C"
Lot Levy payable an lands
referred to If, 80bedule "A"
bereto
Clew of Rulidina
1. Each Residential Dwelling Unit 61.000.000,
Z. Rooming or Ding Mousse. Per bedroom unit $ 50.00
9. Ccesoroial Developawt, per sore 87,000.000,
Pgyseots Payable in accordance vith this Schedule shall be by
cash or certified rho" before issue of building persit for the building
in respect of which it is payable.
Definitions, eta. We as sot out in Lot Lery Resolution passed
by Council October 11th, 1966, an sanded.
*Par Council Resolution of March S. 1876.
• MLEMD PRR Cmwc-TL WOLUTIOM OFyacemRR 19, 1983.
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Page 39 of 44
Attachment A - Letter of Complaint
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Page 40 of 44
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Page 40 of 44
Attachment A - Letter of Complaint
APPENDIX "E"
Page 41 of 44
Attachment A - Letter of Complaint
375 New Dundee Road
Schedule of costs incurred in relation to providing private water and sanitary infrastructure
Item
Vendor
Amount
Offsite Works Watermain Extension
BEECH Infrastructure
$
110,038.14
Offsite Works Fee
City of Kitchener
$
9,730.65
Offsite Works Guarantee
City of Kitchener
$
25,149.00
Onsite Works Watermain Extension
Landworks
$
42,000.00
Soft Costs for Watermain Extension
MTE
$
30,914.40
Soft Costs for Design of Watermain
MTE
$
5,000.00
Septic System
Landworks
$
52,490.90
Soft Costs for Design & Inspection of Septic
MTE
$
6,800.00
Subtotal
$
282,123.09
Plus: 13% HST
$
32,141.65
Grand Total
$
314,264.74
Page 42 of 44
Attachment B - Site Drawing
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Page 43 of 44
Attachment C - Local Service Guideline
9.4 Volume control measures are required on all linear projects (roads)
without restrictions, that create 0.5 or greater hectares of new and/or
fully reconstructed impervious surface. The first 6.25mm of runoff
from the new impervious surface must be capture. If the new or
upgraded road is external to the development then it will be included
in the DC calculation. If the road is internal to the development then
its direct developer responsibility through local service provisions (s.
59 of DCA).
A Water
10.1 Watermains 300 mm and under are deemed to be a local service and
are a direct funding responsibility of the developer.
10.2 Watermains within the development that are larger than 300 mm are
to be included in the development charge calculation. The amount of
DC cost contribution for watermains within a development shall be
calculated using tendered unit prices and shall be the difference
between the cost of the actual pipe diameter and the cost of a 300
mm pipe diameter including a 10% engineering fee. Only watermain
and valves will be included in the calculation.
10.3 Connections to trunk mains and pumping stations to service specific
areas are to be a direct developer responsibility.
10.4 Trunk watermains, generally outside the development area, identified
by a Class Environmental Assessment, Servicing Study or by City staff
will be included in the development charge calculation. Such works
would be listed in the City's most current Development Charges
Background Study.
HEMSON
Appendix G 1 243
Page 44 of 44