HomeMy WebLinkAboutDev & Tech Svcs - 2002-01-21DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 21, 2002 CITY OF KITCHENER
The Development and Technical Services Committee met this date commencing at 7:00 p.m. under
Councillor C. Weylie, Chair, with the following members present: Mayor C. Zehr and Councillors J.
Smola, B. Vrbanovic, J. Ziegler. M. Galloway and G. Lorentz.
Officials Present: Ms. D. Ross, L. MacDonald and Messrs. J. Fielding, B. Stanley, D. Mansell, L.
Masseo and R. Gosse.
1. DTS-02-015 - HURON BUSINESS PARK
- INDUSTRIAL LAND INVENTORY STATUS REPORT
The Committee considered Development and Technical Services Department report DTS-02-015
dated January 17, 2002 dealing with the remaining inventory of industrial land in the Huron
Business Park.
On motion by Councillor J. Ziegler -
it was resolved:
"That Development & Technical Services Department report DTS-02-015 (Industrial land
survey status report - Huron Business Park) be received for information."
2. DTS-02-014-BPS - PROPOSED CHANGE TO COMMERCIAL CAMPUS (C-8) ZONE
- ZONE CHANGE APPLICATION ZC 01/30/TC/LM
CITY INITIATED
The Committee considered Development and Technical Services Department report DTS-02-014-
BPS dated December 19, 2001. It was noted in the report that the City has initiated zone change
application ZC 01/30/TC/LM that would make a comprehensive text change to the provisions of
the Commercial Campus (C-8) Zone to delete an existing regulation that restricts office type uses
to a maximum of 50% of the gross floor area of a plaza, such that the C-8 zoning more
appropriately implements the new Commercial Policies adopted through Municipal Plan
Amendment #36.
Mr. L. Masseo advised that on September 17, 2001 City Council adopted Municipal Plan
Amendment #36 which introduced new commercial land use policies including the planned
commercial campus designation. The new planned commercial campus permits free standing
office uses to a maximum floor space ratio of 0.5 but no longer restricts the office component
within a plaza. It is recommended that the Commercial Campus (C-8) Zone be changed to reflect
the new municipal plan policy.
Mr. Tim McCabe attended on behalf of Lulu's Plaza Limited to convey his clients support for the
recommendations in the staff report. Mr. McCabe stated that not only does the zone change
conform to Municipal Plan Amendment #36 it allows for a wider variety of options for his clients
property.
No other delegations were registered respecting this matter.
On motion by Councillor J. Ziegler -
it was resolved:
"That Zone Change Application ZC 01/30/TC/LM (City -initiated), requesting a
comprehensive text change to the Commercial Campus Zone (C-8) to delete a regulation
that restricts office type uses to 50% of the gross floor area of a plaza, be approved in the
form shown in the "Proposed By-law", dated December 19, 2001, 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 Municipal Plan Amendment #36."
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3. DTS-01-147-BPS - 114 HIGHLAND ROAD WEST
- ZONE CHANGE APPLICATION ZC 01/17/H/SV
- CONCESSION HOLDINGS
WEST -VICTORIA PARK WARD
The Committee was advised that the Development and Technical Services Department was in
receipt of a zone change application respecting the property located at 114 Highland Road West.
Zone Change Application ZC 01/17/H/SV has been submitted by the applicant to rezone the
property to permit the conversion of the existing commercial building to multiple residential,
convenience commercial, office or a mix of these uses. In this regard, the Committee considered
staff report DTS-01-147-BPS dated December 18, 2001 and the proposed zoning by-law dated
December 17, 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.
Mr. B. Stanley provided a summary of the purpose of the application and advised that staff had
nothing further to add.
Mr. Tim McCabe appeared on behalf of the applicant to convey his clients support for the
recommendations in the staff report.
No other delegations were registered respecting this matter.
On motion by Councillor B. Vrbanovic -
it was resolved:
"That Zone Change Application ZC 01/17/H/SV (114 Highland Road West - Concession
Holdings) to change the zoning on the subject lands from Convenience Commercial (C-1)
Zone with Special Use Provision 1 U to Convenience Commercial (C-1) Zone with a revised
Special Use Provision 1 U to permit the conversion of the subject property to a multiple
residential with a maximum of 11 dwelling units, a convenience commercial building with
office, or alternatively, a mix of residential/commercial uses, be approved in the form shown
in the "Proposed By -Law", dated December 17th' 2001.
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."
4. DTS-02-017-ES - VICTORIA STREET NORTH AND PORTIONS OF BRESLAU
- SCHEDULE `B' CLASS ENVIRONMENTAL ASSESSMENT FOR
SANITARY SERVICING
The Committee considered Development and Technical Services Department report DTS-02-017-
ES dated January 10, 2002 dealing with a recommendation that Council accept the attached
Schedule `B' Class Environmental Assessment for Sanitary Servicing for Kitchener's Victoria
Street North area and portions of Breslau.
Mayor C. Zehr declared a pecuniary interest as his spouse owns property within the study area
and he did not participate in any discussion or vote on the question.
Mr. D. Mansell advised that attached to the report was the executive summary of the Class
Environmental Assessment - Schedule `B' for the subject service area and that staff have reviewed
the study and concur with its findings.
On motion by Councillor B. Vrbanovic -
it was resolved:
"That Council accept the Schedule `B', Class Environmental Assessment for the sanitary
servicing for Kitchener's Victoria Street North Area and portions of Breslau; and further,
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 21, 2002 _19- CITY OF KITCHENER
4. DTS-02-017-ES - VICTORIA STREET NORTH AND PORTIONS OF BRESLAU
- SCHEDULE `B' CLASS ENVIRONMENTAL ASSESSMENT FOR
SANITARY SERVICING (CONT'D)
That Council recommend to the Township of Woolwich to pass a resolution accepting the
Environmental Assessment report and file same for the mandatory 30 day review."
5. DTS-02-020-BPS - PROPOSED REGIONAL MODIFICATIONS TO MUNICIPAL PLAN
DTS-02-022-BPS AMENDMENT 36
- NEW COMMERCIAL POLICY STRUCTURE & NEW PUBLIC
PARTICIPATION POLICY
The Committee was in receipt of Development and Technical Services Department report DTS-02-
020-BPS (Proposed Regional Modifications to Municipal Plan Amendment 36 - New Public
Participation Policy) and an addendum report DTS-02-022-BPS containing a revised
recommendation to replace that of report DTS-02-020-BPS. As well, the addendum report
contained the recommendation that the Voisin Developments Limited lands located at the
intersection of Ottawa Street South and Fischer -Hallman Road be exempt from the new proposed
section 4.7 of the Municipal Plan.
Mr. L. Masseo advised that report DTS-02-020-BPS introduced modifications to Municipal Plan
Amendment 36 as it relates to the inclusion of a new public participation policy to address
compatibility between new and redeveloped commercial sites and adjacent residentially zoned
lands. Other modifications relate to the addition of references to cycling and the provision of
transit facilities within certain new commercial designations. Report DTS-02-022-BPS addresses
some minor errors to policy references contained within recommendations of DTS-02-020-BPS
and included suggested revisions proposed by the residents who were involved in the
development of the new public participation policy. The addendum report also addresses the
exemption of the Voisin Developments Limited property on Ottawa Street South and Fischer -
Hallman Road.
Mr. L. Masseo summarized the two reports and explained the recommendation to exempt the
Voisin Developments Limited property from the proposed new public participation section of the
Municipal Plan was based on the fact that Voisin Developments has already complied with the
spirit and intent of the negotiated public participation policy and has expressed a commitment to
continue to address compatibility issues when site plan applications are submitted.
Mr. Rinze Vanderwerff attended representing the Pinegrove Neighbourhood Association extending
his appreciation to Council and staff for giving the neighbourhood association the opportunity to
participate in the development of this public participation policy.
Ms. Judy Chapman attended representing the Greenbelt Neighbourhood Association expressing
her appreciation for the public process in developing this important policy. Ms. Chapman added
that through this process the City has brought the various neighbourhood associations together
and the spirit of public involvement will build a stronger Kitchener.
Mr. Paul Britton attended representing Max Becker Enterprises Limited stating that his client was
in support of the recommendations but would like to suggest an amendment to recommendation
e). Mr. Britton suggested that the undertaking of urban design studies should include commercial
property owners as well as the City of Kitchener.
Mr. P. Britton also requested that the recommendation include an exemption for his client, Max
Becker Enterprises from the proposed public participation section of the Municipal Plan in so far
where it states "where necessary and appropriate including public, such urban design
requirements shall also be incorporated into the zoning by-law." Mr. Britton explained that his
client has a zone change application to be heard by this Committee following this item and
inclusion in that policy would delay the application. When asked, Mr. L. Masseo indicated that
staff had no objection to the request.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 21, 2002 -20- CITY OF KITCHENER
5. DTS-02-020-BPS - PROPOSED REGIONAL MODIFICATIONS TO MUNICIPAL PLAN
DTS-02-022-BPS AMENDMENT 36
- NEW COMMERCIAL POLICY STRUCTURE & NEW PUBLIC
PARTICIPATION POLICY (CONT'D)
On motion by Councillor G. Lorentz -
it was resolved:
"A. That City Council request the Regional Municipality of Waterloo to approve
Municipal Plan Amendment 36 (New Commercial Policy Structure) with the following
modifications:
i) That a new Part 3, Section 4.7, "Public Participation", be added as follows:
"4.7 Public Participation
Site specific urban design studies will be required for Mixed Use Nodes,
Planned Commercial Campus areas, and any other appropriate commercial
areas, where such areas are either undeveloped or have substantial
redevelopment opportunities and are immediately adjacent to existing lands
zoned for low rise residential. These urban design studies shall involve
consultation between the City, the commercial property owner(s),
immediately affected residential landowners and, where applicable, adjacent
residential neighbourhood associations. Such urban design studies are
intended to address compatibility between new or redeveloped commercial
sites and adjacent residentially zoned lands.
Specifically, these urban design studies shall address the placement,
orientation and setback of buildings and parking areas relative to the street
and to adjacent residential areas; building height; site access driveways
relative to impact on local residential streets; preservation of significant trees
and vegetation; landscaping, including new or enhanced buffering and
screening requirements; screening of rooftop heating, ventilation and air
conditioning equipment; and design of site servicing facilities, including but
not limited to, loading areas, garbage enclosures and site and building
security lighting. In addition to the above, the urban design study shall also
respect all applicable heritage and environmental policies contained within
this Plan. Where an urban design study is completed for a Mixed Use Node,
Planned Commercial Campus area or other appropriate commercial area,
specific urban design requirements shall be adopted by resolution of City
Council and implemented through the Site Plan Approval process. Where
necessary and appropriate including public, such urban design requirements
shall also be incorporated into the Zoning By-law."
ii) That Part 3, Section 4.1, "Primary Node", be modified by deleting the phrase
"...where on-site transit facilities are provided." from the second sentence of
the fourth paragraph and replacing it with the phrase "...where transit
facilities are provided on-site or nearby."
iii) That Part 3, Section 4.2, and Part 3, Sections 13.9.3.12, "Mixed Use Node",
each be modified by deleting the second sentence of the fourth paragraph
and replacing it with the following new sentence:
"To strengthen these linkages, new development may be required to orient a
portion of the building mass to the street, provide for integration of cycling,
provide on-site pedestrian facilities, and provide pedestrian connections to
abutting developments or off-site transit facilities."
iv) That Part 3, Section 4.3, and Part 3, Sections 13.1.2.9, 13.2.2.7, 13.3.3.13,
13.4.3.14, 13.5.3.6, 13.6.3.5, 13.7.3.5, and 13.9.3.12, "Mixed Use Corridor",
in each instance be modified by deleting the second sentence of the third
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 21, 2002 -21- CITY OF KITCHENER
5. DTS-02-020-BPS - PROPOSED REGIONAL MODIFICATIONS TO MUNICIPAL PLAN
DTS-02-022-BPS AMENDMENT 36
- NEW COMMERCIAL POLICY STRUCTURE & NEW PUBLIC
PARTICIPATION POLICY (CONT'D)
paragraph and replacing it with the following new sentence:
"To strengthen these linkages, new development may be required to orient a
portion of the building mass to the street, provide for integration of cycling,
provide on-site pedestrian facilities, and provide pedestrian connections to
abutting developments or off-site transit facilities."
v) That Part 3, Section 4.4, "Planned Commercial Campus", be modified by
deleting the second sentence of the fourth paragraph in its entirety and
replacing it with the following new sentence:
"The City of Kitchener will require appropriate pedestrian facilities that
provide for pedestrian movement along the street, between buildings and
between the street and the buildings; and will work with the Regional
Municipality of Waterloo to provide on or off-site transit facilities."
vi) That Part 3, Section 4.5 and Part 3, Sections 13.2.2.6, 13.4.3.6, 13.5.3.10,
and 13.8.2.6, "Neighbourhood Mixed Use Centre", in each instance be
modified by adding the following new sentence to the end of the third
paragraph:
"The City of Kitchener will also provide for the integration of cycling."
B. That Site Plan Applications submitted prior to January 28, 2002 for processing under
the existing Zoning By-law will be exempt from Section 4.7 (Part 3) of the Municipal
Plan. The provisions of the existing Urban Design Manual will be implemented as
deemed appropriate by staff, through the Site Plan Approval Process for all affected
properties.
C. That development on those properties currently zoned for commercial uses under
the existing Zoning By-law will fall under the provisions of the existing Urban Design
Manual until such time as the required urban design studies have been prepared
and approved by City Council and the properties have been rezoned to implement
the provisions of MPA #36. In the interim, the provisions of the existing Urban
Design Manual shall be implemented as deemed appropriate by staff, through the
Site Plan Approval Process for all affected properties.
D. That the Development and Technical Services Department be directed to
immediately commence urban design studies for Planned Commercial Campus
areas which are immediately adjacent to existing residentially zoned lands, with
such studies to be prepared in consultation with affected commercial and residential
property owners.
E. That the Development and Technical Services Department be directed to undertake
urban design studies for Mixed Use Node areas which are immediately adjacent to
existing residentially zoned lands, with such studies to be prepared in consultation
with affected commercial and residential property owners. Commencement of such
studies to be prioritized based on timing of current and expected development
proposals.
F. That the above referenced urban design studies be used as the basis for the
preparation of additional regulations for the Planned Commercial Campus (C-8)
Zone and a new zoning category to implement the Mixed Use Node designation.
G. That City Council direct the Development and Technical Services Department to
amend Council Policy 1-705 (Public Participation in the Planning Process) to
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 21, 2002 -22- CITY OF KITCHENER
5. DTS-02-020-BPS - PROPOSED REGIONAL MODIFICATIONS TO MUNICIPAL PLAN
DTS-02-022-BPS AMENDMENT 36
- NEW COMMERCIAL POLICY STRUCTURE & NEW PUBLIC
PARTICIPATION POLICY (CONT'D)
incorporate the following specific requirements concerning public participation in the
City's Site Plan Approval process:
i) That all full site plan applications for new commercial development within
Planned Commercial Campus, Mixed Use Node, and other appropriate
commercial areas, be circulated to all immediately adjacent low rise
residential land owners and, where applicable, Neighbourhood Associations,
for information and comment.
ii) That a maximum of two (2) representatives for the adjacent residents and/or
Neighbourhood Association be invited to attend the regularly scheduled
meeting of the Site Plan Review Committee for each site plan circulated to
residents and/or a Neighbourhood Association.
iii) That all resident and/or Neighbourhood Association comments be provided
to the Manager of Design and Development prior to or at the regularly
scheduled Site Plan Review Committee meeting.
H. That the Voisin Development Limited Lands, located at the intersection of Ottawa
Street South and Fischer -Hallman Road, be exempt from Section 4.7 (Part 3) of the
Municipal Plan.
That with respect to Section 4.7 and the Max Becker Enterprises Ltd. property
described as Part of Lots 5 and 6, Registrar's Complied Plan 1470, it is deemed
unnecessary that the urban design requirements be incorporated into the Zoning
By-law."
6. DTS-02-006-BPS - FISCHER HALLMAN ROAD NORTH OF BLEAMS ROAD
DTS-02-021-BPS - SUBDIVISION APPLICATION 30T-96005
- ZONE CHANGE APPLICATION ZC 96/29/W/LM
- MAX BECKER ENTERPRISES LIMITED
- SOUTH WARD
Councillor M. Galloway declared a pecuniary interest as he owns property within the circulation
area and he left the meeting for the duration of this item.
The Committee was advised that a draft plan of subdivision application and a zone change
application has been received from Max Becker Enterprises Limited respecting approximately
29.204 hectares of land adjacent to Fischer -Hallman Road. The proposed subdivision has been
designed based on new urban principles and will provide low rise residential housing, extensive
open space, and a town centre containing a mix of multiple residential, retail, office and
institutional development. The proposed zoning will implement the town centre concept. In this
regard, the Committee considered Development and Technical Services Department report DTS-
02-006-BPS dated January 2, 2002 and a proposed by-law and plan of subdivision map both
dated January 2, 2002 attached to the report. The Committee was also in receipt of an addendum
report DTS-02-021-BPS dated January 18, 2002 and a proposed by-law and plan of subdivision
map both dated January 17, 2002 attached to the report. As noted in the addendum report, the
recommendation contains amendments to the proposed conditions of draft approval which are a
result of discussions with the applicant and adjacent property owners. As well, the latest proposed
by-law and plan of subdivision map have been revised to reflect the proposed revisions and
replaces the original by-law and plan of subdivision map dated January 2, 2002.
It was pointed out that the proposed draft plan of subdivision and zone change application was
first circulated to department agencies and the property owners on November 1, 1996. Notice that
the Committee would hold a public meeting this date to consider this matter was placed in The
Record on December 28, 2001.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
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6. DTS-02-006-BPS - FISCHER HALLMAN ROAD NORTH OF BLEAMS ROAD
DTS-02-021-BPS - SUBDIVISION APPLICATION 30T-96005
- ZONE CHANGE APPLICATION ZC 96/29/W/LM
- MAX BECKER ENTERPRISES LIMITED
- SOUTH WARD (CONT'D)
Mr. B. Stanley provided a historical overview of the planning process of the City in context with the
subject property. He pointed out that the proposed plan of subdivision is a mixed use node that
will provide a collector road connection between the Laurentian West community and Fischer -
Hallman Road, low rise residential housing, extensive open space, and a town centre containing a
mix of multiple residential, retail, office and institutional development.
Ms. D. Ross provided a summary of the amendments contained in the addendum report.
Mr. Paul Britton attended on behalf of Max Becker Enterprises Limited stating that his client was in
support of the staff report and recommendations. Mr. Britton advised the Committee that the
proposed plan of subdivision is the result of 12 years of work and in his opinion represents good
planning. The plan provides a transportation link with the surrounding subdivisions. The
proposed residential densities would support public transportation and the plan protects the
environmental features of the property. He also informed the Committee that his client has held a
recent open house in order to provide information on the proposed plan of subdivision to the area
residents and to hear their concerns.
Ms. Annette Blackford, Highbrook Court, attended on behalf of the residents in the Highbrook area
to express concerns with the proposed plan of subdivision. She pointed out that many of the
residents were unhappy concerning the timing of the notice for this public meeting and the lack of
time given in order to prepare a response. Ms. Blackford explained that when she and her
husband as well as other residents in the area purchased their homes they referenced the land
use map dated November 25, 1993 to see how the area was being proposed with regard to future
development. The map indicated the high density residential area would be at the intersection of
Fischer -Hallman Road and Westmount Road and the area between this high density
concentration and the Borden Wetlands would be low density residential. The current proposal
has removed much of the low density residential and replacing it with high density 12 storey
buildings. Ms. Blackford stated that she and other area residents object to the proposed zone
change and the difference from the map dated November 25, 1993 which was given to many of
the residents to show future development of the area. She raised other concerns regarding the
effect of the development on the environment especially on the Borden Wetlands, the increase in
traffic and whether the development will have a negative impact on the existing property values.
Mr. Mike Jackson, Bush Clover Crescent, attended to express several concerns regarding the
proposed plan of subdivision. He stated that his main concern was with the protection of the
Borden Wetlands and its dwindling wildlife population suggesting that steps be taken to provide
the best protection for the lands and to prevent the wildlife from wandering onto Fischer -Hallman
Road. Mr. Jackson advised the Committee that when he purchased his home the Laurentian
West Community Plan indicated that some high density residential and commercial properties
located at the intersection of Fischer -Hallman and Max Becker Drive and the area between his
house and the Borden Wetlands would be low density residential. The proposed zone change
and plan of subdivision now proposes two to three 12 storey residential buildings abutting the
woodlot around the Borden Wetlands. Mr. Jackson suggested that if Council's decision is to
include high density residential that a much lower height restriction be applied for area 6 which
would reduce the effect on the residences along Bush Clover Crescent. Mr. Jackson also
expressed concern regarding the impact of the high residential and commercial plan on the traffic
especially at the intersection of Activa and Fischer -Hallman Road. He suggested the addition of
traffic signals should be installed at that intersection. Mr. Jackson concluded stating that he and
other residents had a concern regarding the notice given for this meeting and the lack of time in
order to prepare a proper response to the proposal.
Mr. Howard Boettcher, Mysteria Court, attended to express concerns with regard to the proposed
maximum height of the residential buildings as contained in the zone change. Mr. Boettcher
explained that while although in support of the concept of the town centre he believes
6. DTS-02-006-BPS - FISCHER HALLMAN ROAD NORTH OF BLEAMS ROAD
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 21, 2002 -24- CITY OF KITCHENER
DTS-02-021-BPS - SUBDIVISION APPLICATION 30T-96005
- ZONE CHANGE APPLICATION ZC 96/29/W/LM
- MAX BECKER ENTERPRISES LIMITED
SOUTH WARD (CONT'D)
the zone change for the location of the high density residential and the maximum height allowed
would detract from the overall sense of community and would dominate over not only the new town
centre but the woodlot to the north. He urged the Committee to consider a maximum height of 24
metres to be applied to the subdivision which would keep the high density residential, component,
proportional to the woodlot and future commercial development.
Ms. Ruth Rosner, owner of the property at 1375 Bleams Road, attended to express concerns
regarding the effect of storm water run off and the proposed storm water management facility will
have on the quality of well water at their property. Ms. Rosner explained that the house is located
directly south and at a lower elevation than the proposed development and it is her belief that the
quality of the well water has been adversely affected by the excavation process as evidence by
poor water samples coinciding with the recent excavation activities. Ms. Rosner requested
assurances that there are mechanisms in place that will protect the quality of water on her property
and requested that the house at 1375 Bleams Road be connected to the existing watermain at no
cost.
No other delegations were registered.
The Committee raised concerns regarding the notice of the public meeting and the land use map
dated November 25, 1993. Mr. B. Stanley advised that the proposed draft plan of subdivision and
zone change applications were first circulated in 1996 and in accordance with Council Policy
property owners within 120 metres of the subject lands have been circulated with the report and
notice of the public meeting was placed in The Record on December 28, 2001. With respect to
the land use map dated November 25, 1993, Mr. Stanley explained it was the initial plan and map
which was largely conceptual and contained no details at that time. In 1994 the City adopted the
new Official Plan outlining nodes and corridors and the subject property was designated one of the
nodes.
The Committee also raised a concern with respect to the water quality at 1375 Bleams Road and
directed staff to investigate and report back regarding the effect of the storm water management
facilities on the well water and the feasibility of connecting the house at 1375 Bleams Road to the
City's water system.
Mr. Paul Britton requested and was allowed to speak to some of the issues raised by the
delegations. Mr. Britton reiterated that the proposed plan of subdivision conforms with the
Municipal Plan, will protect the wetlands and the proposed densities are the same since 1995
when Council allocated sewer capacity. Mr. Britton informed the Committee that his client would
agree to a reduction in the maximum height of 36 metres to 30 metres being from 12 storeys to 10
storeys.
On motion by Mayor C. Zehr -
it was resolved:
"A. That Zone Change Application ZC 96/29/W/LM (Max Becker Enterprises Limited)
requesting a change in zoning from Agricultural Zone (A-1) to Public Park (P-1),
Hazard Land (P-3), Residential Four Zone (R-4), Residential Six Zone (R-6),
Residential Seven Zone (R-7), Residential Eight Zone (R-8) with Special Regulation
Provision 355, Neighbourhood Commercial Zone (C-2) with Special Regulation
Provision 356 and 369 and Community Institutional (1-2) on lands legally described
as Part of Lots 5 and 6, Registrar's Compiled Plan 1470, be approved in the form
shown in the "Proposed By-law", dated January 17 2002, attached to report DTS-02-
021-BPS, without conditions as amended by reflecting that under special condition
355 c) the maximum building height for multiple dwellings shall be 30.0 metres.
6. DTS-02-006-BPS - FISCHER HALLMAN ROAD NORTH OF BLEAMS ROAD
DTS-02-021-BPS - SUBDIVISION APPLICATION 30T-96005
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 21, 2002 -25- CITY OF KITCHENER
- ZONE CHANGE APPLICATION ZC 96/29/W/LM
- MAX BECKER ENTERPRISES LIMITED
- SOUTH WARD (CONT'D)
B. 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-96005, in the City of Kitchener, for Max
Becker Enterprises Limited, subject to the following conditions:
1. That this approval applies to Plan of Subdivision 30T-96005 as shown on the plan
prepared by MacNaughton Hermsen Britton Clarkson Planning Limited last revised
December 18, 2001 and as shown on the Plan of Subdivision prepared by the City
of Kitchener dated January 17, 2002, attached to report DTS-02-021-BPS, which
shows the following:
Stage 1A
Block 1 - commercial/office
Blocks 2, 3 - 0.3 metre reserves
Stage 1 B - maximum 207 units
Blocks 3-5, 10, 11 - single and semi-detached
Blocks 1, 2, 6, 7, 8, 9, 12 - multiple residential
Block 13 - park
Blocks 14 - storm drainage/walkway
Blocks 15-17 - 0.3 metre reserves
Stage 1C
Block 1 - open space/storm water management
Block 2 - storm drainage
Blocks 3-6 - 0.3 metre reserves
Stage 2 - maximum 160 units
Block 1 - residential/commercial office
Stage 3 - maximum 317 units
Block 1 - multiple residential
Stage 4 - maximum 116 units
Blocks 3, 4 - single and semi-detached
Blocks 1, 2, 5, 6 - multiple residential
Block 7 - 0.3 metre reserve
Stage 5
- maximum 149 units
Blocks 1-3
- multiple residential
Block 4
- institutional/residential
Blocks 5-7
- 0.3 metre reserves
Stage 6
- maximum 23 units
Blocks 1, 2
- multiple residential
Block 3
- future development
Block 4
- temporary road
Block 5
- 0.3 metre reserve
Stage 7 - maximum 64 units
Block 1 - residential/commercial office
Block 2 - service station/commercial
Stage 8 - maximum 144 units
Block 1 - multiple residential
6. DTS-02-006-BPS - FISCHER HALLMAN ROAD NORTH OF BLEAMS ROAD
DTS-02-021-BPS - SUBDIVISION APPLICATION 30T-96005
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 21, 2002 -26- CITY OF KITCHENER
- ZONE CHANGE APPLICATION ZC 96/29/W/LM
- MAX BECKER ENTERPRISES LIMITED
- SOUTH WARD (CONT'D)
Total - 424 to 1180 units
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 Plan of Subdivision dated January 17, 2002 and which shall contain the
following special conditions:
Section 1 General Conditions
1.27 The SUBDIVDER agrees that the maximum number of units within each
stage to be registered shall be those shown on the plan of subdivision and
that all future development applications shall not exceed the maximum
number of units shown in each stage. In no case shall the total number of
units for the entire plan of subdivision exceed 1180.
1.28 The SUBDIVIDER agrees that the plan shall be registered in seven stages in
accordance with the following:
a) Stage 1A or Stage 1 B must be registered first and may be registered
in any order, however, Stage 1 C must register concurrently with the
first stage to be registered;
b) Stage 2 shall be registered concurrently with or at any time
subsequent to Stage 1 A or Stage 1 B;
C) Stage 3 and Stage 4 may be registered in any order and concurrently
with or at any time subsequent to the registration of Stage 1 B;
d) Stage 5 shall be registered concurrently with or subsequent to the
registration of Stage 1A and Stage 4;
e) Stage 6 shall be registered either concurrently with or at any time
subsequent to the registration of Stage 5;
f) Stage 7 shall be registered either concurrently with or at any time
subsequent to the registration of Stage 1A.
g) Stage 8 shall be registered either concurrently with or at any time
subsequent to the registration of Stage 1 B.
Section 3 Prior to Servicing
3.17 The SUBDIVIDER make satisfactory financial arrangements with Engineering
Services for construction of a 1.5 metre concrete sidewalk along the entire
Fischer Hallman Road frontage of the property.
Section 4 Prior to the Issuance of Building Permits
4.22 The SUBDIVIDER agrees to undertake any measures required to ensure
proper water pressure to all lots and blocks within the proposed
development, to the satisfaction of the CITY'S Engineering Services or
Chief Building Official.
4.23 a) The SUBDIVIDER agrees to construct a permanent centralized storm
water management facility for Stages 1A, 4, 5, 6 and 7 on adjacent
lands, in Draft Plan of Subdivision 30T-96006 (Harding et al). Such
permanent storm water management facility shall be
6. DTS-02-006-BPS - FISCHER HALLMAN ROAD NORTH OF BLEAMS ROAD
DTS-02-021-BPS - SUBDIVISION APPLICATION 30T-96005
- ZONE CHANGE APPLICATION ZC 96/29/W/LM
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 21, 2002 -27- CITY OF KITCHENER
- MAX BECKER ENTERPRISES LIMITED
SOUTH WARD (CONT'D)
designed to function together with and share a common outlet
structure with the permanent storm water management facility on
abutting lands within Draft Plan of Subdivision 30T-97025 (North
Estate Farms Limited and Estate of Morton Norris) to the satisfaction
of the City's Engineering Services. The SUBDIVIDER further agrees
to submit a Preliminary Stormwater Management Strategy for the
permanent storm water management facility to the satisfaction of the
City's Engineering Services, in consultation with the Grand River
Conservation Authority, prior to the registration of Stages 1A, 4, 5, 6 or
7.
b) In the event the SUBDIVIDER registers any of Stages 1A, 4,5, 6 or
7 of this plan prior to the implementation of a centralized
stormwater management facility located on additional adjoining
lands in Plan of Subdivision 30T-96006, owned by the
SUBDIVIDER, the SUBDIVIDER agrees to construct and maintain,
at his cost, a temporary stormwater management scheme to the
satisfaction of the City's Engineering Services in consultation with
the Grand River Conservation Authority, prior to the issuance of
building permits for Stage 1A, Blocks 1, 2 and 3 of Stage 4 and all
blocks within Stages 5, 6, and 7. The temporary stormwater
management facility shall be in accordance with Addendum to the
EIR (MTE Consultants Inc. dated September 14. 2001 and October
2, 2001). Once the permanent stormwater management facility is
constructed and operational, the SUBDIVIDER agrees to remove
the temporary facility, at his cost.
Section 6 Other Time Frames
6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed
subdivision shall be restricted to using Cotton Grass Street and/or Max
Becker Drive to Fischer -Hallman Road 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 Engineering Services.
6.11 The SUBDIVIDER agrees that Max Becker Drive shall be constructed, at the
developer's cost, through stages 1A, 5 and 6 to the westerly limit of the plan
and opened to public vehicular traffic immediately upon the request of the
CITY if required to complete transportation links within the community, to the
satisfaction of the CITY's Engineering Services.
6.12 The SUBDIVIDER agrees the internal street for Stage 1A be developed in
accordance with the location shown for the proposed street layout for the
plan of subdivision.
6.13 The SUBDIVIDER agrees to provide financial security to the satisfaction of
the Engineering Services for the removal of the traffic circles on Max Becker
Drive and Cotton Grass Street, and retrofitting of the intersection to a
standard intersection, with signals if required, should the CITY determine that
the traffic circles are not operating correctly and need to be removed. The
CITY will hold said securities until Max Becker Drive is completed through
Draft Approved Plan of Subdivision 30T-97025 (Norris -Sternberg) to Draft
Plan of Subdivision 30T-95015 (Activa) and the operation of the
6. DTS-02-006-BPS - FISCHER HALLMAN ROAD NORTH OF BLEAMS ROAD
DTS-02-021-BPS - SUBDIVISION APPLICATION 30T-96005
- ZONE CHANGE APPLICATION ZC 96/29/W/LM
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 21, 2002 -28- CITY OF KITCHENER
- MAX BECKER ENTERPRISES LIMITED
SOUTH WARD (CONT'D)
traffic circles has been monitored by the developer for a period of one year
after Max Becker Drive has been completed and open to the public.
2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill
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 coordinate values and elevations thereon and
submit for registration the plans showing the location of the monuments, their
coordinate 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.
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;
6. DTS-02-006-BPS - FISCHER HALLMAN ROAD NORTH OF BLEAMS ROAD
DTS-02-021-BPS - SUBDIVISION APPLICATION 30T-96005
- ZONE CHANGE APPLICATION ZC 96/29/W/LM
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 21, 2002 -29- CITY OF KITCHENER
- MAX BECKER ENTERPRISES LIMITED
SOUTH WARD (CONT'D)
(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
Business and Planning 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
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.
6. DTS-02-006-BPS - FISCHER HALLMAN ROAD NORTH OF BLEAMS ROAD
DTS-02-021-BPS - SUBDIVISION APPLICATION 30T-96005
- ZONE CHANGE APPLICATION ZC 96/29/W/LM
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 21, 2002 -30- CITY OF KITCHENER
- MAX BECKER ENTERPRISES LIMITED
SOUTH WARD (CONT'D)
10. The SUBDIVIDER agrees that the conveyance of Block 13, Stage 1 B and
Block 1, Stage 1C shall satisfy the 5% parkland dedication requirement for
this Plan of Subdivision (30T-96005), Plan of Subdivision 30T-96006, 30T-
01207 and 30T-93005 as outlined in the Parkland Deferral Agreement
registered on title under Instrument Number LT 0018338. The SUBDIVIDER
further agrees that any additional development of the Block 13, Stage 1B
shall be at the cost of the developer and to the satisfaction of the General
Manager of Community Services.
11. The SUBDIVIDER shall have landscape plans for the stormwater
management facilities prepared by an environmental professional acceptable
to the CITY'S General Manager of Community Services and to obtain
therefrom, approval of such plans.
12. 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.
13. The SUBDIVIDER agrees to prepare a functional study for each traffic circle
to obtain approval of said study from the CITY's Director of Traffic and
Parking.
14. To convey to the CITY the following lands for the purposes stated therein, at
no cost and free of encumbrance, concurrently with the registration of the
plan of subdivision:
STAGE 1A
a) Blocks 2 and 3 for 0.3 metre reserves;
STAGE 1 B
b) Block 13 for park purposes;
C) Blocks 15 to 17 inclusive for 0.3 metre reserves;
STAGE 1 C
C) Block 1 for open space, storm water management and open space purposes;
d) Blocks 3 to 6 for 0.3 metre reserves;
STAGE 4
e) Block 7 for 0.3 metre reserve;
STAGE 5
f) Blocks 5 to 7 inclusive for 0.3 metre reserves; and
STAGE 6
f) Block 5 for 0.3 metre reserve
6. DTS-02-006-BPS - FISCHER HALLMAN ROAD NORTH OF BLEAMS ROAD
DTS-02-021-BPS - SUBDIVISION APPLICATION 30T-96005
- ZONE CHANGE APPLICATION ZC 96/29/W/LM
- MAX BECKER ENTERPRISES LIMITED
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 21, 2002 -31- CITY OF KITCHENER
- SOUTH WARD (CONT'D)
3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS
That the Subdivider satisfies 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. That the plan submitted for final approval may incorporate a lot pattern for all
blocks in which single detached and semi-detached lots are permitted, at a
density not exceeding the density identified in the draft approval conditions.
3. a) That the owner enter into an Agreement for Servicing with the
Regional Municipality of Waterloo to preserve access to municipal
water supply and municipal wastewater treatment services prior to
final approval or any agreement for the installation of underground
services, whichever occurs first. Where the owner has already
entered into an agreement for the installation of underground
servicing with the area municipality, such agreement shall be
amended to provide for a Regional Agreement for Servicing prior to
registration of any part of the plan. The Regional Commissioner of
Engineering shall advise prior to an Agreement for Servicing that
sufficient water supplies and wastewater treatment capacity is
available for this plan, or the portion of the plan to be registered.
b) That the owner include the following statement in all agreements of
lease or purchase and sale that may be entered into pursuant to
Section 52 of the Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement
of lease or purchase and sale are not yet registered as a plan of
subdivision. The fulfilment of all conditions of draft plan approval,
including the commitment of water supply and sewage treatment
services thereto by the Region and other authorities, has not yet been
completed to permit registration of the plan. Accordingly, the
purchaser should be aware that the vendor is making no
representation or warranty that the lot, lots, block or blocks which are
the subject of this agreement or lease or purchase and sale will have
all conditions of draft plan approval satisfied, including the availability
of servicing, until the plan is registered."
4. 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.
5. That 50 foot daylight triangles be established at the intersection of Regional
Road No. 58 (Fischer -Hallman Road) and Max Becker Drive and that 25 foot
daylight triangles be established at the intersection of Regional Road No. 58
(Fischer -Hallman Road) and Cotton Grass Street, and that the daylight
triangles be dedicated on the final plan as public highway to the appropriate
authority.
6. DTS-02-006-BPS - FISCHER HALLMAN ROAD NORTH OF BLEAMS ROAD
DTS-02-021-BPS - SUBDIVISION APPLICATION 30T-96005
- ZONE CHANGE APPLICATION ZC 96/29/W/LM
- MAX BECKER ENTERPRISES LIMITED
- SOUTH WARD (CONT'D)
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 21, 2002 -32- CITY OF KITCHENER
6. That the owner obtain a Regional Road Access Permit for the intersection of
Regional Road No. 58 (Fischer -Hallman Road) and Cotton Grass Street and
the intersection of Regional Road No. 58 (Fischer -Hallman Road) and Max
Becker Drive.
7. That the owner enter into an agreement with the Regional Municipality of
Waterloo to provide a left turn land for northbound traffic entering the
subdivision from Regional Road 58 (Fischer Hallman Road) at Cotton Grass
Street and the owner further agrees to provide a letter of credit equal to all
costs of construction of the left turn lane.
8. That a lot grading and drainage control plan and storm water 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.
9. That prior to final approval of the plan, the owner prepare a noise study to
indicate to the Regional Municipality of Waterloo methods to be used to
abate traffic noise levels for the entire plan, and if necessary the owner shall
enter into a subdivision agreement with the Regional Municipality of Waterloo
to provide for implementation of the approved study attenuation measures
prior to the issuance of building permits.
10. 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 Regional Road No. 58 (Fischer -Hallman Road) in accordance
with Regional policies and procedures, adjacent to residential uses, except
where a noise wall is required in Condition 9 above.
11. That the owner enter into an agreement with the City of Kitchener to include
water pressure reduction devices for each dwelling unit constructed below
337 MASL, and include in the offers of purchase and rental agreements, a
clause identifying the presence of the water pressure reduction devices and
advising that it may not be removed by the owner.
12. That prior to final approval the owner satisfy the requirements of Grand River
Transit, relating to the operation of bus service within the plan, 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 final storm water management report and plans in accordance with
the Ministry of the Environment and Energy planning and design
guidelines, the Laurentian West Master Drainage Plan, the Laurentian
West Community Plan Environmental Review and the approved
Preliminary Stormwater Management Strategy for the lands draining
to the Borden and Strasburg Watersheds as outlined in the
Environmental Implementation Reports and Addendum.
6. DTS-02-006-BPS - FISCHER HALLMAN ROAD NORTH OF BLEAMS ROAD
DTS-02-021-BPS - SUBDIVISION APPLICATION 30T-96005
- ZONE CHANGE APPLICATION ZC 96/29/W/LM
- MAX BECKER ENTERPRISES LIMITED
- SOUTH WARD (CONT'D)
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 21, 2002 -33- CITY OF KITCHENER
b) A final lot grading and drainage plan showing conceptual grading and
drainage system including the limits of all grading and drainage as
well as existing and proposed grades.
c) An erosion and siltation control 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) A permit pursuant to Ontario Regulation 149, as amended, for any
construction or alteration within any area regulated under the Grand
River Conservation Authority's Fill, Construction and Alteration to
Waterways Regulation, if necessary.
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
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 Conditions 3.1-3.12 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 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.
6. DTS-02-006-BPS - FISCHER HALLMAN ROAD NORTH OF BLEAMS ROAD
DTS-02-021-BPS - SUBDIVISION APPLICATION 30T-96005
- ZONE CHANGE APPLICATION ZC 96/29/W/LM
- MAX BECKER ENTERPRISES LIMITED
SOUTH WARD (CONT'D)
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 21, 2002 -34- CITY OF KITCHENER
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.
Fees
5. The owner/developer is advised that the City of Kitchener and the Regional
Municipality of Waterloo have adopted By -Laws, 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
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.
6. DTS-02-006-BPS - FISCHER HALLMAN ROAD NORTH OF BLEAMS ROAD
DTS-02-021-BPS - SUBDIVISION APPLICATION 30T-96005
- ZONE CHANGE APPLICATION ZC 96/29/W/LM
- MAX BECKER ENTERPRISES LIMITED
- SOUTH WARD (CONT'D)
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 21, 2002 -35- CITY OF KITCHENER
Planning Act Applicability
9. This draft plan was received on or after May 22, 1996 and shall be processed
and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as
amended by S.O. 1996, c.4 (Bill 20).
Regional Servicing Agreement
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 issued prior to year end where the
owner has failed to submit the appropriate 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"
7. ADJOURNMENT
On motion, the meeting adjourned at 9:00 p.m.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 21, 2002 -36- CITY OF KITCHENER
R. Gosse
Deputy City Clerk