HomeMy WebLinkAboutDev & Tech Svcs - 2002-01-07DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 7, 2002CITY OF KITCHENER
The Development and Technical Services Committee met this date commencing at 7:05 p.m. under
Councillor B. Vrbanovic, Vice-Chair, with the following members present: Mayor C. Zehr and Councillors
J. Smola, J. Ziegler and G. Lorentz. Councillor M. Galloway entered the meeting shortly after its
commencement.
Officials Present: Ms. C. Ladd, L. MacDonald, D. Ross, B. Steiner and Messrs. J. Fielding, B. Stanley,
N.E. Kuntz, D. Mansell, B. Page, P. Wetherup, L. Masseo and L.W. Neil.
1.DTS-02-002-APPOINTMENT OF MUNICIPAL FLOOD CO-ORDINATOR &
ALTERNATE
The Committee considered Development and Technical Services Department report DTS-02-002
dated December 31, 2001 dealing with a recommendation from N.E. Kuntz, Fire Chief, relative to
the appointment of a Municipal Flood Co-ordinator.
On motion by Councillor J. Ziegler -
it was resolved:
“That the Fire Chief as part of the duties of Emergency Planning be appointed Municipal
Flood Co-Ordinator; and further,
That Bill Quarrie, Platoon Chief be appointed as the Municipal Flood Co-Ordinator
alternate.”
2.DTS-01-045-BPS-LACKNER BOULEVARD
-SUBDIVISION APPLICATION 30T-95024
-ZONE CHANGE APPLICATION ZC 95/26/L/JW & ZC 96/15/L/JW
-HALLMAN BRIERDALE LIMITED
-CHICOPEE-GRAND RIVER WARD
The Committee was advised that the Development and Technical Services Department was in
receipt of two zone change applications and one subdivision application respecting lands located
on the east side of Lackner Boulevard, south of Victoria Street. The plan of subdivision proposes
the creation of two blocks for multiple residential development on 2.836 hectares of land which are
designated Medium Rise Residential in the Municipal Plan. Zone change application ZC
95/26/L/JW has been submitted by the applicant to rezone the lands to permit the multiple
residential use that has been proposed and zone change application ZC 96/15/L/JW has been
assumed by the applicant and proposes to rezone lands adjacent to the plan of subdivision to the
same zoning categories as the lands within the subdivision plan. In this regard, the Committee
considered staff report DTS-01-045-BPS dated December 3, 2001 and two proposed zoning by-
laws each dated December 3, 2001 attached to the report.
It was pointed out that notice that the Committee would hold a public meeting this date had
previously been given.
Ms. Della Ross advised that the staff report had been circulated to all property owners within 120
metres of the subject lands due to the fact that it has been more than one year since the original
circulation took place. She noted that in response to the circulation staff had received a telephone
inquiry and correspondence from Mike and Kathy Frim. She summarized the concerns expressed
by the Frim’s as noted in their correspondence received January 3, 2002 which primarily deals
with noise from Lackner Boulevard but also nuisance and privacy issues. Ms. Ross advised that
she had suggested to the Frim’s that they contact the Region of Waterloo in regard to their noise
concerns over Lackner Boulevard vehicular traffic.
Mr. Mike Frim attended in support of his correspondence and acknowledged that he understood
Lackner Boulevard was a regional road under the jurisdiction of the Region of Waterloo and asked
that Council request the Region to consider installation of a noise barrier on Lackner Boulevard to
alleviate traffic noise. In reference to the proposed multiple residential development which he
indicated could be six storeys, he asked that the positioning of the buildings on the site be such so
as to provide that balconies be situated towards Victoria Street and/or inward within the site so as
to allow for the rear yard privacy of properties backing onto
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 7, 2002- 2 -CITY OF KITCHENER
2.DTS-01-045-BPS-LACKNER BOULEVARD
-SUBDIVISION APPLICATION 30T-95024
-ZONE CHANGE APPLICATION ZC 95/26/L/JW & ZC 96/15/L/JW
-HALLMAN BRIERDALE LIMITED
-CHICOPEE-GRAND RIVER WARD (CONT’D)
the opposite side of Lackner Boulevard to be maintained. In response to a question Mr. Frim
indicated that the rear yards of Sunrise Place properties were approximately six to eight feet above
Lackner Boulevard and suggested that any noise barrier could be built on the top of the rise of the
road right-of-way.
Mr. Mike Voll attended to express similar concerns to those put forward by Mr. Frim. He also
asked that the City recommend to the Region that it undertake a noise study and consider
construction of a noise attenuation barrier.
Councillor M. Galloway entered the meeting at this point.
Mr. P. Britton, MacNaughton Hermsen Britton Clarkson Planning Limited, attended on behalf of the
applicant, Hallman Brierdale, and advised of his clients support for the recommendations in the
staff report. He commented on the status of Dunnigan Drive as a collector road, the status of other
lands adjacent to the site and noted that his firm had been involved in development of the subject
property since 1988 as well as participating in establishment of Lackner Boulevard. Further, he
pointed out that the Community Plan provides for the establishment of Dunnigan Drive,
development of the two residential sites and contained a noise policy with respect to subdivision
development wherein it was required a noise analysis be prepared at the site plan stage. In this
regard, he advised that the delegations concerns that have been expressed with regard to noise
would be fully considered at that time and that his client would work with City staff to address the
concerns. Finally, he noted that the proposed development conforms with the Official Plan as well
as transit policies and that his client was in agreement with all of the subdivision conditions. In
reference to the proposed by-law for zone change application ZC 96/15/L/JW, he asked that
special use provision 179u be deleted and that holding provision 13h be clarified. Finally, Mr.
Britton acknowledged to the Committee that his client would deal with the noise concerns and the
privacy concerns as expressed by the delegations this date.
No other delegations were registered respecting this matter.
Mayor C. Zehr informed the Committee that he was in receipt of other requests from residents
along Lackner Boulevard that noise attenuation measures be taken and pointed out that there
were issues in this regard along the entire distance of Lackner Boulevard. Councillor B. Vrbanovic
concurred with the concerns over noise arising from Lackner Boulevard traffic and commented that
the noise could be expected to get worse in future.
The recommendations in the staff report were then considered. It was agreed to revise the by-law
pertaining to zone change application ZC 96/15/L/JW to delete reference to special use provision
179u which would then permit single and semi-detached dwellings to be developed and to clarify
the timing with respect to holding provision 13h. The recommendations in the staff report as
revised this date were then considered.
On motion by Councillor G. Lorentz -
it was resolved:
“A.That Zone Change Application ZC 95/26/L/JW (Lackner Boulevard - Hallman
Brierdale Limited) requesting a change in zoning from Residential Six Zone (R-6)
with Holding Provision 13h (which requires the construction of Dunnigan Drive) to
Residential Eight Zone (R-8), Residential Eight Zone (R-8) with Special Regulation
Provision 220R, Residential Six Zone (R-6) with Special Use Provision 179U, on
lands legally described as Part of Lot 123 G.C.T., (Part 4 Plan 58R-4825), for the
City of Kitchener, be approved in the form shown in the attached “Proposed By-law”,
dated December 3, 2001 without conditions.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 7, 2002- 3 -CITY OF KITCHENER
2.DTS-01-045-BPS-LACKNER BOULEVARD
-SUBDIVISION APPLICATION 30T-95024
-ZONE CHANGE APPLICATION ZC 95/26/L/JW & ZC 96/15/L/JW
-HALLMAN BRIERDALE LIMITED
-CHICOPEE-GRAND RIVER WARD (CONT’D)
It is the opinion of this Committee that approval of this application is proper planning
for the City and is in conformity with the City’s Municipal Plan.
B.That Zone Change Application ZC 96/15/L/JW (Lackner Boulevard - Hallman
Brierdale Limited) requesting a change in zoning from Agricultural Zone (A-1) to
Residential Six Zone (R-6) and Holding Provision 13h, Public Park Zone (P-1),
Hazard Land Zone (P-3), Residential Eight Zone (R-8), Residential Eight Zone (R-8)
with Special Regulation Provision 220R on lands legally described as Part of Lot
123, German Company Tract, for the City of Kitchener, be approved in the form
shown in the attached “Proposed By-law”, dated December 3, 2001 as revised
January 7, 2002 to delete Special Use Provision 179U from the R-6 Zone and to add
a timing clarification to Holding Provision 13h such that it apply pending completion
of Dunnigan Drive or inclusion of the lands in a Plan of Subdivision, without
conditions.
It is the opinion of this Committee that approval of this application is proper planning
for the City and is in conformity with the City’s Municipal Plan.
C.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-95024 in the City of Kitchener, for Hallman
Brierdale Limited, subject to the following conditions:
1. That this approval applies to Plan of Subdivision 30T-95024 for Hallman Brierdale
Limited as shown on the plan prepared by MacNaughton Hermsen Britton Clarkson
last revised and dated February 27, 2001 and as shown on the attached Plan of
Subdivision prepared by the City of Kitchener dated November 6, 2001 which shows
the following:
Stage One
Block 1- multiple residential
Block 2- future development
Blocks 3 –5 - 0.3 metre reserve
Stage Two
Block 1- multiple residential
2.CITY OF KITCHENER CONDITIONS:
2.1 That the Subdivider shall enter into a City Standard Residential Subdivision
Agreement, as approved by City Council, respecting those lands shown outlined on
the attached Plan of Subdivision dated November 6, 2001 and which shall contain
the following special conditions:
Section 3Prior to Servicing
3.16 The SUBDIVIDER agrees to construct and maintain, at his cost, a temporary
storm water management facility on Block 1, Stage 2 of the plan. Once the
SUBDIVIDER is advised by the City that the stormwater management facility
is no longer required, the SUBDIVIDER agrees to remove the temporary
facility, at his cost.
3.17 The SUBDIVIDER agrees to provide an easement to the CITY for connection
to the Kolb Greenway Sanitary Sewer Trunk to facilitate an interim sanitary
servicing solution. Once the SUBDIVIDER is advised by the CITY that
permanent sanitary servicing is available the SUBDIVIDER
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 7, 2002- 4 -CITY OF KITCHENER
2.DTS-01-045-BPS-LACKNER BOULEVARD
-SUBDIVISION APPLICATION 30T-95024
-ZONE CHANGE APPLICATION ZC 95/26/L/JW & ZC 96/15/L/JW
-HALLMAN BRIERDALE LIMITED
-CHICOPEE-GRAND RIVER WARD (CONT’D)
will be responsible to remove the pipe and appurtenances at his cost at
which time the CITY shall provide a quit claim for the easement.
Section 4Prior to Building Permit
4.22 The SUBDIVIDER agrees to construct Dunnigan Drive from Lackner
Boulevard to the limits of the plan of subdivision 30T-91005 to the
satisfaction of the CITY’s Assistant General Manager of Engineering
Services. Dunnigan Drive may be constructed in two phases with the first
phase being from Lackner Boulevard to the easterly limit of Block 1,
Stage 2. No building permits shall be issued for Block 1, Stage 1 until
Phase One of Dunnigan Drive is constructed. Phase two of the
construction of Dunnigan Drive shall be from the easterly limit of Block 1,
Stage 2 to the limits of the plan. No building permit shall be issued for
Block 2, Stage 1 until Phase Two of Dunnigan Drive is constructed.
4.23 The SUBDIVIDER agrees that no building permit be issued for Block 2
Stage 1 until consolidation of the adjacent lands and construction of
Dunnigan Drive.
Section 6Other Time Frames
6.10 The SUBDIVIDER agrees that construction traffic to and from the
proposed subdivision shall be restricted to Lackner Boulevard only and
prohibited from using 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
Assistant General Manager of Engineering Services.
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.
2. The SUBDIVIDER shall submit copies of the final plan for registration to the
CITY'S Assistant General Manager of Business and Planning Services 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.
4.The SUBDIVIDER shall install within the subdivision any required
geodetic monuments under the direction of the CITY'S Assistant General
Manager 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.
5. 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.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 7, 2002- 5 -CITY OF KITCHENER
2.DTS-01-045-BPS-LACKNER BOULEVARD
-SUBDIVISION APPLICATION 30T-95024
-ZONE CHANGE APPLICATION ZC 95/26/L/JW & ZC 96/15/L/JW
-HALLMAN BRIERDALE LIMITED
-CHICOPEE-GRAND RIVER WARD (CONT’D)
6.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 Assistant General Manager of
Business and Planning Services.
(b)to ensure that there are no conflicts between the desired locations for
utility easements and those easement locations required by the
CITY'S Assistant General Manager 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 Assistant General Manager of
Engineering Services, or, in the case of parkland, the CITY'S General
Manager of Community Services; and
(e)to provide to the CITY'S Assistant General Manager of Business and
Planning Services, 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 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 Assistant General Manager of Business and Planning
Services, 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 Assistant
General Manager of Business and Planning Services;
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
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 7, 2002- 6 -CITY OF KITCHENER
2.DTS-01-045-BPS-LACKNER BOULEVARD
-SUBDIVISION APPLICATION 30T-95024
-ZONE CHANGE APPLICATION ZC 95/26/L/JW & ZC 96/15/L/JW
-HALLMAN BRIERDALE LIMITED
-CHICOPEE-GRAND RIVER WARD (CONT’D)
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, 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 Assistant General Manager of Business and
Planning Services;
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.
10.The SUBDIVIDER shall satisfy the total 5% parkland dedication for the entire
subdivision, by a cash-in-lieu contribution equivalent to 5% of the value of all
of the lands within the subdivision, with the value of the land being
determined as of the day before the day of draft approval.
11. To expedite the approval for registration, the SUBDIVIDER shall submit to
the CITY’S Assistant General Manager of Business and Planning Services, 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 the Subdivider satisfy the following conditions to the satisfaction of the
Regional Municipality of Waterloo Commissioner of Planning Housing and
Community Services:
1. That the owner agrees to stage the development of this subdivision in a
manner satisfactory to the Regional Commissioner of Planning Housing
and Community Services.
2. a)That the owner enter into an Agreement for Servicing with the
Regional Municipality of Waterloo to preserve access to municipal
water supply and municipal wastewater treatment services prior to
final approval or any agreement for the installation of underground
services, whichever occurs first. Where the owner has already
entered into an agreement for the installation of underground
servicing with the area municipality, such agreement shall be
amended to provide for a Regional Agreement for Servicing prior to
registration of any part of the plan. The Regional Commissioner of
Engineering shall advise prior to an Agreement for Servicing that
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 7, 2002- 7 -CITY OF KITCHENER
2.DTS-01-045-BPS-LACKNER BOULEVARD
-SUBDIVISION APPLICATION 30T-95024
-ZONE CHANGE APPLICATION ZC 95/26/L/JW & ZC 96/15/L/JW
-HALLMAN BRIERDALE LIMITED
-CHICOPEE-GRAND RIVER WARD (CONT’D)
sufficient water supplies and wastewater treatment capacity is
available for this plan, or the portion of the plan to be registered.
b) That the owner include the following statement in all agreements of
lease or purchase and sale that may be entered into pursuant to
Section 52 of the Planning Act, prior to the registration of this plan:
“The lot, lots, block or blocks which are the subject of this agreement
of lease or purchase and sale are not yet registered as a plan of
subdivision. The fulfilment of all conditions of draft plan approval,
including the commitment of water supply and sewage treatment
services thereto by the Region and other authorities, has not yet been
completed to permit registration of the plan. Accordingly, the
purchaser should be aware that the vendor is making no
representation or warranty that the lot, lots, block or blocks which are
the subject of this agreement or lease or purchase and sale will have
all conditions of draft plan approval satisfied, including the availability
of servicing, until the plan is registered.”
3. That the subdivision agreement be registered by the City of Kitchener
against the land to which it applies and a copy of the registered
agreement be forwarded to the Regional Commissioner of Planning
Housing and Community Services prior to final approval of the subdivision
plan.
4. That prior to the commencement of any grading or final approval of all or
any part of the draft plan of subdivision, a Consultant Archaeologist shall
carry out an Archaeological Survey and Rescue Excavation of any
significant archaeological remains found on the site, at the expense of the
owner.
5. That a lot grading and drainage plan and stormwater management report
be submitted for approval, for the entire draft plan of subdivision to the
satisfaction of the Regional Commissioner of Planning Housing and
Community Services where lands drain to a Regional facility.
6. That the owner prepare a noise study to indicate to the Regional
Municipality of Waterloo methods used to abate traffic noise levels from
Lackner Boulevard (Regional Road No. 54), and if necessary, the owner
shall enter into a subdivision agreement with the Regional Municipality of
Waterloo to provide for implementation of the approved noise study
attenuation measures prior to the issuance of building permits.
7. That the owner enter into an agreement with the Regional Municipality of
Waterloo to erect a 1.82 metre high permanent maintenance free fence
adjacent to Lackner Boulevard (Regional Road No. 54) in accordance
with Regional policies and procedures, except where a noise wall may be
required as a result of Condition 6 above.
8. That the owner obtain a Regional Road Access Permit for the intersection
at Lackner Boulevard (Regional Road No. 54) and Dunnigan Drive.
9. That two 25 foot daylight triangles be established at the intersection of
Lackner Boulevard (Regional Road No. 54) and Dunnigan Drive and be
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 7, 2002- 8 -CITY OF KITCHENER
2.DTS-01-045-BPS-LACKNER BOULEVARD
-SUBDIVISION APPLICATION 30T-95024
-ZONE CHANGE APPLICATION ZC 95/26/L/JW & ZC 96/15/L/JW
-HALLMAN BRIERDALE LIMITED
-CHICOPEE-GRAND RIVER WARD (CONT’D)
dedicated on the final plan as public highway to the appropriate road
authority.
10. That the owner provide for a northbound transit stop at the intersection of
Lackner Boulevard (Regional Road No. 54) and Dunnigan Drive and that
the concrete transit pad be identified on the engineering servicing
drawings and be installed at the cost of the owner, to the satisfaction of
the Regional Commissioner of Planning Housing and Community
Services.
4.OTHER AGENCY CONDITIONS
1.That prior to the commencement of any grading or construction on the site,
and prior to registration of any stage of the plan, the owner shall submit the
following plans and reports to the satisfaction and approval of the Grand
River Conservation Authority:
a)A detailed Stormwater Management Report and Plan in accordance
with the 1994 Ministry of the Environment and Energy Report entitled
“Stormwater Management Practises Planning and Design Manual”
and in keeping with the stormwater management strategy outlined in
an April 24, 1996 letter, April 17, 2001 report and July 25, 2001 letter
prepared by MTE Consultants Inc.
b) A detailed Lot Grading 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
Permit pursuant to Ontario Regulation 149 for any storm sewer
outfalls or other alterations within the floodplain of Kolb Creek.
2.That the Subdivider’s Agreement between the owners and the
municipality contain provisions for the completion and maintenance of the
works in accordance with the approved plans and reports noted in
Condition 4.1 a) to d) above.
5.CLEARANCE CONDITIONS
1.That prior to the signing of the final plan by the City's Assistant General
Manager of Business and Planning Services, the Assistant General 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.
2.That prior to the signing of the final plan by the City's Assistant General
Manager of Business and Planning Services the Assistant General Manager
shall be advised by the Grand River Conservation Authority that Conditions
4.1 and 4.2 have been carried out to the satisfaction of the
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 7, 2002- 9 -CITY OF KITCHENER
2.DTS-01-045-BPS-LACKNER BOULEVARD
-SUBDIVISION APPLICATION 30T-95024
-ZONE CHANGE APPLICATION ZC 95/26/L/JW & ZC 96/15/L/JW
-HALLMAN BRIERDALE LIMITED
-CHICOPEE-GRAND RIVER WARD (CONT’D)
GRCA. The clearance letter from the GRCA shall include a brief statement
detailing how the condition has been satisfied.
3.That prior to the signing of the final plan by the City's Assistant General
Manager of Business and Planning Services the Assistant General Manager
shall be advised by the telephone company that Conditions 2.2.6 and 2.2.7
has been carried out satisfactorily. The clearance letter should contain a brief
statement as to how the condition was satisfied.
4.That prior to the signing of the final plan by the City's Assistant General
Manager of Business and Planning Services the Assistant General Manager
shall be advised by Kitchener Wilmot Hydro that Conditions 2.2.5 and 2.2.7
has been carried out satisfactorily. The clearance letter should contain a brief
statement as to how the condition was satisfied.
6.NOTES
Development Charges
1.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
2.The final plans for Registration must be in conformity with Ontario
Regulation 43/96, as amended, under The Registry Act.
Updated Information
3. It is the responsibility of the owner of this draft plan to advise the Regional
Municipality of Waterloo and the City of Kitchener Business and Planning
Services Departments of any changes in ownership, agent, address and
phone number.
Agreement
4. Most of the Regional Municipality of Waterloo conditions can be satisfied
through an agreement. The onus is on the owner to contact Regional staff
in writing to request the preparation of such an agreement. A copy of a
reference plan showing the lands to be registered that are affected by the
agreement and the conditions to be covered by the agreement should be
provided. The fees for the preparation and registration of this agreement,
payable to the Regional Municipality of Waterloo, are currently $375.00
and $50.00 respectively.
Regional Fees
5. 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
6. 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
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 7, 2002- 10 -CITY OF KITCHENER
2.DTS-01-045-BPS-LACKNER BOULEVARD
-SUBDIVISION APPLICATION 30T-95024
-ZONE CHANGE APPLICATION ZC 95/26/L/JW & ZC 96/15/L/JW
-HALLMAN BRIERDALE LIMITED
-CHICOPEE-GRAND RIVER WARD (CONT’D)
supporting information, are submitted to the Ministry of the Environment for
approval.
Stormwater Management
7.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
8.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
9.This draft plan was received on or before March 28, 1995 and on or
before May 21, 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. 1994,
c.23 (Bill 163).
Regional Servicing Agreement
10.The owner/developer is advised that draft approval is not a commitment
by The Regional Municipality of Waterloo to water and wastewater
servicing capacity. To secure this commitment the owner/developer must
enter into an "Agreement for Servicing" with The Regional Municipality of
Waterloo by requesting that the Region's Planning and Culture
Department initiate preparation of the agreement. When sufficient
capacity is confirmed by the Region's Commissioner of Engineering to
service the density as defined by the plan to be registered, the
owner/developer will be offered an "Agreement for Servicing". This
agreement will be time limited, define the servicing commitment by density
and use. Should the "Agreement for Servicing" expire prior to plan
registration, a new agreement will be required.
The owner/developer is to provide the Regional Municipality of Waterloo with
two print copies of the proposed plan to be registered along with the written
request for a servicing agreement.
Registration Release
11. To ensure that a Regional Release is issued by the Regional
Commissioner of Planning and Culture to the City of Kitchener prior to
year end, it is the responsibility of the owner to ensure that all fees have
been paid, that all Regional conditions have been satisfied and the
required clearance letters, agreements, prints of plan to be registered,
and any other required information or approvals have been deposited with
the Regional Planner responsible for the file, no later than December
15th. Regional staff can not ensure that a Regional Release would be
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 7, 2002- 11 -CITY OF KITCHENER
issued prior to year end where the owner has failed to submit the
appropriate
2.DTS-01-045-BPS-LACKNER BOULEVARD
-SUBDIVISION APPLICATION 30T-95024
-ZONE CHANGE APPLICATION ZC 95/26/L/JW & ZC 96/15/L/JW
-HALLMAN BRIERDALE LIMITED
-CHICOPEE-GRAND RIVER WARD (CONT’D)
documentation by this date.
Final Plans - Subdivision
12.When the survey has been completed and the final plan prepared to satisfy
the requirements of the Registry Act, they should be forwarded to the City of
Kitchener. If the plans comply with the terms of approval, and we have
received an assurance from the Regional Municipality of Waterloo and
applicable clearance agencies that the necessary arrangements have been
made, the [enter title of person(s) authorized to sign plan], 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
It is the opinion of this Committee that the approval of this application is proper
planning for the City.”
On motion by Councillor G. Lorentz -
it was resolved:
“That the Regional Municipality of Waterloo be requested to once again review the noise
impact of increasing volumes of vehicular traffic affecting residential properties situated
along the entire length of Lackner Boulevard, and in particular in the Victoria Street /
Lackner Boulevard area, and if noise levels warrant, plan for the installation of sound
attenuation by means of a noise barrier or other noise attenuation measures.”
3.DTS-02-004-BPS-REVISION TO MASTER STORM WATER MANAGEMENT POLICY RE:
-DOWNTOWN COMMUNITY IMPROVEMENT AREA
The Committee was in receipt of Development and Technical Services Department report DTS-02-
004-BPS dated January 2, 2002 which requests a revision to the Master Storm Water
Management Policy approved by City Council on December 10, 2001. It was noted in the report
that subsequent to the approval of the policy, it was discovered that lands within the Downtown
Community Improvement Area were affected by this policy which is contrary to Council’s current
policies and programs to exempt the Downtown from development related fees. Accordingly, staff
recommend exemption of the lands within the Downtown Community Improvement Area from the
new Master Storm Water Management Policy.
Ms. C. Ladd briefly summarized the report and advised that staff had nothing further to add.
On motion by Councillor J. Ziegler -
it was resolved:
“That the Master Storm Water Management Policy be revised as follows:
a) Add a new recommendation 14) to read:
“14.That this policy shall not apply to lands within the Downtown Community
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 7, 2002- 12 -CITY OF KITCHENER
Improvement Area as identified on the attached “Downtown Community
Improvement Plan.”
3.DTS-02-004-BPS-REVISION TO MASTER STORM WATER MANAGEMENT POLICY RE:
-DOWNTOWN COMMUNITY IMPROVEMENT AREA (CONT’D)
b)That the Downtown Community Improvement Plan be incorporated in the
appropriate section of the Master Storm Water Management report.”
4.DTS-01-048-BPS-465 OTTAWA STREET SOUTH
-DEMOLITION CONTROL APPLICATION DC 01/08/O/DR
-M. HUSCHKA IN TRUST (CONCORDIA CLUB)
-FOREST-ROCKWAY WARD
The Committee considered Development and Technical Services Department report DTS-01-048-
BPS dated December 6, 2001 dealing with a demolition control application submitted by M.
Huschka in Trust (Concordia Club) with respect to the property known municipally as 465 Ottawa
Street South. The applicant proposes to demolish a single detached dwelling and garage on the
subject property and has not indicated a future use for the lot at this time.
The Committee was advised that staff had nothing further to add and no delegations were
registered with respect to this matter.
On motion by Councillor G. Lorentz -
it was resolved:
“That Demolition Control Application DC 01/08/O/DR (M. Huschka in Trust - Concordia
Club), for which the owner is requesting approval for the demolition of a single detached
dwelling and garage located at 465 Ottawa Street South, be approved.
It is the opinion of this Committee that approval of this application is proper planning for the
City.”
5.DTS-02-001-ES-RAYLENE DRIVE FENCING AND OTHER ISSUES
-FOREST-ROCKWAY WARD
The Committee was in receipt of Development and Technical Services Department report DTS-02-
001-ES dated December 20, 2001 dealing with Raylene Drive fencing and other related issues.
Mr. D. Mansell advised that the staff report was a follow-up to previous Council resolutions of June
19 and July 4, 2000. In response to questions, Mr. Mansell circulated an additional map of the
area and pointed to lands affected by the recommendations referred to in the December 20, 2001
staff report. He noted that the report recommends a legal survey be prepared and it was intended
that remnant parcels be appraised at a minimal amount and disposed of to adjacent property
owners.
On motion by Councillor G. Lorentz -
it was resolved:
“That the following be approved pertaining to Raylene Drive fencing:
1)That a legal survey be prepared for the lands abutting the fencing constructed by the
City at the dead-end of Raylene Drive in 2000.
2)That the City lands to which public access is no longer available at the dead-end of
Raylene and the fence be sold to the abutting property owners.
3)That the owners of #93 and #103 Hearth Crescent enter into encroachment
agreements and assume ownership of the fencing located on the road right-of-way
and parallel to Raylene Drive for the portion that is not to be closed.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 7, 2002- 13 -CITY OF KITCHENER
5.DTS-02-001-ES-RAYLENE DRIVE FENCING AND OTHER ISSUES
-FOREST-ROCKWAY WARD (CONT’D)
4)That the City also dispose of the remnant parcels of land remaining from the closure
of Filsinger Road which are located to the rear of #109 and #119 Hearth Crescent.”
6.DTS-01-046-BPS-REVISED TREE MANAGEMENT POLICY
The Committee was in receipt of Development and Technical Services Department report DTS-01-
046-BPS dated November 22, 2001 to which was appended a new Tree Management Policy
document dated revised November 2001. The revised Tree Management Policy contains a
number of housekeeping amendments and incorporates the following issues:
· need for securities
· improved communications
· condition of conveyed lands
· on-going woodland management
· community trails within woodlands
· clear identification of city boundaries
The staff report provides brief summary comment on all of these issues.
Ms. C. Ladd advised that Mr. B. Page and Ms. B. Steiner were responsible for the document being
considered this date and noted that the revised policy had the full support of area homebuilders.
Ms. B. Steiner and Mr. B. Page then provided the Committee with a powerpoint presentation
commenting on the value of trees and woodlands to society, the linkage of the policy to Direction
#5 of Compass Kitchener, the reasoning and approaches to the revised policy as well as detailed
comment referencing the six issues outlined above.
On motion by Councillor J. Ziegler -
it was resolved:
“1)That the City’s Tree Management Policy adopted in September 1994 be
replaced with the Tree Management Policy document dated revised November
2001, attached to Development and Technical Services Department report DTS-
01-046-BPS, as further revised to include the following recommendations 2
through 12 from the report.
2)That the Standard Residential Subdivision Agreement as approved by City Council
be amended by the City Solicitor in consultation with the Development and
Technical Services Department to revise existing Tree Management conditions to
implement the changes to the Tree Management Policy as recommended herein.
3)Relative to the Council resolution passed on February 6, 1995 requesting the
Department of Planning and Development to monitor the effectiveness of the
approved Tree Management Policy, it is recommended that no financial securities
be required to ensure lot grading and tree management and, instead, the
Development and Technical Services Department implement measures directed
towards improved communication with and among the Subdivider’s consultants
providing grading and tree management services, and educational initiatives for
property owners who own, or are adjacent to, areas containing trees to ensure long-
term protection.
4)That for Plans of Subdivision, the Subdivider will ensure that:
a) the grading consultant will certify that the Detailed Vegetation Plan and/or the
Tree Preservation/Enhancement Plan conform(s) to the Lot Grading Control
Plans; and
6.DTS-01-046-BPS-REVISED TREE MANAGEMENT POLICY (CONT’D)
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 7, 2002- 14 -CITY OF KITCHENER
b) the environmental consultant will certify the Lot Grading Control Plan
conforms to the Detailed Vegetation Plans and/or the Tree
Preservation/Enhancement Plan;.
prior to approval of said plans by the Development and Technical Services
Department.
5)That the Grading and Environmental Consultant confirm in writing to the Directors of
Planning and Building that for each particular lot/block, the grading and tree
management plans have been implemented in accordance with the approved plans
prior to the City issuing the Final Grading Certificate.
6)That the Subdivider confirm in writing to the Director of Planning that:
a) the first time home or building owner has received a copy of the approved
grading and tree management plans along with written instructions on proper
tree stewardship for tree(s) on their Lot/Block or;
b)that the Subdivider has provided the builder with the approved grading and
tree management plans along with written instructions on proper tree
stewardship for tree(s) regarding the Lot/Block noted above, with the
understanding that the builder will give this material to the first time home or
building owner in accordance with Section 1.22 of the Standard Subdivision
Agreement prior to occupancy.
7)That all lands to be conveyed to the City as Park are to be free of any dead or
hazardous trees (in locations were there is a safety issue), dump sites, litter, debris,
remnant fences, barbed wire, wells, tree forts and any unnatural
material/disturbances that are considered dangerous to the public or would be an
inherited liability. The above noted items are to be removed or properly treated to
the satisfaction of the Department of Community Services in consultation with the
Director of Planning prior to final approval of the Plan to be registered. Such lands
will continue to be free of construction debris for a period of two years from the date
of registration of the subdivision.
8)That all lands to be conveyed to the City as Open Space or Hazard Lands are to be
free of any dead or hazardous trees (in locations were there is a safety issue), dump
sites, litter, debris, remnant fences, barbed wire, wells, tree forts and any unnatural
material/disturbances that are considered dangerous to the public or would be an
inherited liability. The above noted items are to be removed or properly treated for a
distance of 30 metres from any lot/block line and 10 metres on either side of a
proposed or existing Community Trail, to the satisfaction of the Department of
Community Services in consultation with the Director of Planning prior to final
approval of the Plan, or appropriate stage of the Plan, to be registered which contain
the lands to be conveyed to the City. In the event of winter conditions, the above
noted requirements shall be completed by June 1 immediately following such
transfer of title.
9)Where vegetation communities are identified as requiring a maintenance access for
forestry management practices, a maintenance access is to be identified and
provided with an appropriate width to the satisfaction of the Department of
Community Services.
10) For all wooded wetlands which are to be conveyed to the City, the Environmental
Consultant will monitor the wooded wetlands as required by the City to ensure
compliance with the approved Subwatershed Master Plan, Environmental Impact
Statement, Environmental Implementation Report, General Vegetation Overview,
and/or the Detailed Vegetation Plan. If alteration of the quantity, quality, timing
(hydroperiod), or direction of flow of surface or groundwater within or contiguous to
6.DTS-01-046-BPS-REVISED TREE MANAGEMENT POLICY (CONT’D)
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 7, 2002- 15 -CITY OF KITCHENER
the wooded wetlands results in an adverse environmental impact requiring any
ecological restoration, any such ecological restoration activities will be the
responsibility of the Subdivider. It is intended that this monitoring and maintenance
period will be coordinated with the monitoring and acceptance on to maintenance, of
the stormwater management facilities by the Development and Technical Services
Department, or at a time acceptable to the General Manager of Development and
Technical Services.
11) That the Subdivider is to install signage in accordance with the PARK BOUNDARY
MARKER AND CITY BOUNDARY MARKER LOCATION drawings. Such signage is
to be supplied by the Department of Community Services to the Subdivider.
Signage is to be installed by the Subdivider prior to the final approval of the plan to
be registered. Temporary signage installed on protective fencing must remain in
good order until replaced by permanent markers and signage.
12)The Subdivider shall be responsible for the recommended location and construction
of the Community Trails as identified in the review of the Draft Plan of Subdivision,
to the satisfaction of the General Manager of Community Services. These
Community Trails will be consistent with Community Plans, Subwatershed Master
Plans (Greenspace Management Plans), Environmental Implementation Reports,
General Vegetation Overviews, Leisure Facilities Strategic Plan, and Urban Design
Standards for Community Trails. These trails are to be shown on the Lot Grading
Control Plan(s), and located and analyzed for environmental impact in the Detailed
Vegetation Plan. It is recognized that, in some instances, to eliminate or reduce
unacceptable impacts to treed areas, alternative construction methods and/or
locations may be required for trails.”
7.REGIONAL MUNICIPALITY OF WATERLOO RE:
IRA NEEDLES BOULEVARD ENVIRONMENTAL REVIEW
NOTICE OF PUBLIC INFORMATION CENTRE – JANUARY 24, 2002 (4:00 – 8:00 p.m.)
RESURRECTION CATHOLIC SECONDARY SCHOOL
For information purposes, the Committee was in receipt of a notice from the Regional Municipality
of Waterloo respecting the above referenced meeting and a copy of the information package being
provided to the public at the meeting.
8.SNOW DUMPS RE: LAND USE ZONING ISSUE
Councillor J. Smola referred to past problems of contractors dumping snow on private lands and
pointed out that currently 90 Woodside Avenue was being used for such purpose. He questioned
if planning staff could advise whether lands could be zoned so as to not allow for snow dumps.
Ms. C. Ladd responded that this matter was previously considered and pointed out that the
dumping of snow was not considered a use of land because the use was not permanent; however,
Mayor C. Zehr suggested that it could be considered a recurring use. Ms. Ladd advised that staff
were exploring that point as well as the impact of runoff on the surrounding environment and would
report back on the matter to the Committee. Mayor Zehr questioned if the new Municipal Act
might provide the municipality with jurisdiction respecting this matter. Councillor G. Lorentz also
questioned how a snow dump could be allowed adjacent to an ESPA or a cold water stream given
the negative impacts the operation would have.
Direction was given to staff to continue to investigate this matter further and prepare a report for
consideration by the Committee in three or four months so that a position can be formulated in
advance of the Fall 2002 / Winter 2003 seasons.
9. COMPLEX DEVELOPMENT AND TECHNICAL SERVICES DEPARTMENT REPORTS
INVOLVING MUNICIPAL PLAN AMENDMENTS, ZONE CHANGES AND SUBDIVISIONS
Councillor B. Vrbanovic asked that staff consider preparing brief executive summaries in respect to
the above referenced type of reports that are circulated to property owners. He asked that the
9.COMPLEX DEVELOPMENT AND TECHNICAL SERVICES DEPARTMENT REPORTS
INVOLVING MUNICIPAL PLAN AMENDMENTS, ZONE CHANGES AND SUBDIVISIONS
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 7, 2002- 16 -CITY OF KITCHENER
(CONT’D)
language of the summary be simple in form and address the changes contemplated in every day
language so as to allow the subject to be more easily understood by property owners and noted
that such an undertaking would promote the City’s customer service orientation.
Direction was given to add this request to the Committee’s unfinished business list.
10.ADJOURNMENT
On motion, the meeting adjourned at 8:00 p.m.
L.W. Neil, AMCT
Assistant City Clerk