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HomeMy WebLinkAboutDev & Tech Svcs - 2002-06-24DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 CITY OF KITCHENER The Development and Technical Services Committee met this date commencing at 7:15 p.m. under Councillor C. Weylie, Chair, with the following members present: Mayor C. Zehr and Councillors B. Vrbanovic, M. Galloway, G. Lorentz, J. Smola and J. Ziegler. Officials Present: Ms. L. MacDonald, D. Ross, T. Malone-Wright, J. Given, P. Houston, J. Voss and Messrs. R.W. Pritchard, G. Stewart, D. Mansell, J. Willmer, J. McBride, R. Browning, J. Witmer, G. Good, J. Shivas and L.W. Neil. 1. DTS-02-146 CITY OF KITCHENER PRELIMINARY RESPONSE REGION OF WATERLOO SMART GROWTH INITIATIVE - PHASE I The Committee considered Development and Technical Services Department report DTS-02- 146 dated June 19, 2002. It was noted in the report that the Region of Waterloo has approved a document prepared by Regional Staff entitled 'Waterloo in the 21st Century - Planning Our Future: Phase One'. The document deals with growth management issues as well as the terms of reference for Phase Two in the 'Planning Our Future' document. Prior to the Region proceeding with Phase Two, City staff are recommending that the City's comments on Phase One be forwarded to the Region for review and consideration. On motion by Councillor M. Galloway - it was resolved: "That a copy of Development and Technical Services Department report DTS-02-146- BPS, which is the City of Kitchener Response to "Waterloo in the 21st Century - Planning our Future: Phase 1", be forwarded to the Regional Municipality of Waterloo with a request that the City of Kitchener comments be considered in Phase 2 of the Study." DTS-02-149 OTTO STREET PARKING LOT 14 - RATE STRUCTURE BRIDGEPORT-CENTRE WARD The Committee was in receipt of Development and Technical Services Department report DTS- 02-149 dated June 12, 2002 dealing with the parking rate structure for the operation of the Otto Street Parking Lot 14 which was recently changed from individual parking meters to a single pay and display operation. On motion by Councillor J. Ziegler - it was resolved: "That effective 1 September, 2002, Otto Street Lot No. 14 operate at $1.25 per hour, $5.00 daily maximum, 8:00 a.m. - 6:00 p.m., Monday to Saturday, additionally with a Theatre rate of $5.00; and further, That By-law 88-169 be amended accordingly." DTS-02-130 ONTARIO STREET - PARKING REGULATIONS BRIDGEPORT-CENTRE WARD The Committee considered Development and Technical Services Department report DTS-02- 130 dated May 27, 2002 which proposes revisions to parking regulations on Ontario Street. On motion by Councillor J. Smola - it was resolved: "That parking be permitted for two (2) consecutive hours 8:00 a.m. to 12:00 midnight on the east side of Ontario Street between Duke Street and Weber Street while maintaining the existing parking prohibition on the west side; and, That stopping be prohibited at anytime on the east side of Ontario Street from Duke Street to a point 15 metres north thereof; and, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 3. DTS-02-130 - 99 - CITY OF KITCHENER ONTARIO STREET - PARKING REGULATIONS BRIDGEPORT-CENTRE WARD (CONT'D) That stopping be prohibited at anytime on the east side of Ontario Street from Weber Street to a point 15 metres south thereof; and further, That the Uniform Traffic By-law be amended accordingly." DTS-02-139 LACKNER BOULEVARD / ZELLER DRIVE INTERSECTION SCHOOL TRAFFIC SAFETY CHICOPEE-GRAND RIVER WARD The Committee was in receipt of Development and Technical Services Department report DTS- 02-139 dated June 6, 2002 dealing with school traffic safety issues at the intersection of Lackner Boulevard and Zeller Drive. In accordance with earlier Council direction staff have reviewed the adult guard crossing facilities and recommend it be maintained. On motion by Councillor B. Vrbanovic - it was resolved: "That the existing adult crossing guard facilities at the intersection of Lackner Boulevard and Zeller Drive be maintained without modification." DTS-02-151 DOON VILLAGE ROAD REVERSION OF ONE-WAY PORTION TO TWO-WAY STATUS SOUTH WARD The Committee considered Development and Technical Services Department report DTS-02- 151 dated June 12, 2002 prepared as information at this time with respect to the Doon Village Road one way reversion. It was noted in the report that at the January 14, 2002 Council meeting a petition had been tabled from residents of Doon Village Road asking that the one-way portion of Doon Village Road revert to a two-way status to Doon South Drive. The history of traffic issues respecting Doon Village Road was briefly summarized in the report, as well as it being noted that the one-way portion of Doon Village Road was an inconvenience for residents but had been put in place at their request to reduce the amount of through traffic. It was also indicated in the report that once the Doon Village Road diversion was in place and traffic patterns fully established, staff agree that the removal of the one-way portion of Doon Village Road should be reconsidered and will consult with the neighbourhood before taking any action. On motion by Councillor M. Galloway - it was resolved: "That Development and Technical Services Department report DTS-02-151 (Doon Village Road One Way Reversion) be received as information." DTS-02-144 DOWNTOWN CITY OPERATED PARKING FACILITIES LOGO & COLOUR OF PARKING SlGNAGE The Committee considered Development and Technical Services Department report DTS-02- 144 dated June 10, 2002. The report deals with parking signage colours and incorporation of the new Clock Tower logo into the sign design for City parking facilities. On motion by Councillor J. Smola - it was resolved: "That the City of Kitchener revise the proposed colours for Downtown City-operated parking facilities to incorporate the use of the new City colours of green and gold; and further, That the new Clock Tower logo be incorporated into the new sign designs." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 100 - 7. DTS-02-148 HAZARDOUS MATERIALS WATERLOO REGION CITY OF KITCHENER EMERGENCY RESPONSE IN The Committee considered Development and Technical Services Department report DTS-02- 148 dated June 12, 2002 dealing with Hazardous Materials Emergency Response in Waterloo Region and discusses various needs in terms of equipment, training and expertise as well as the development of a comprehensive plan to co-ordinate this type of emergency response. On motion by Councillor G. Lorentz - it was resolved: "That participation of the Kitchener Fire Department be approved in a joint project with the seven area fire departments to develop a comprehensive plan to respond to Hazardous Materials emergencies in our communities." DTS-02-152 REQUEST FOR AN EXTENSION OF THE DATE TO REPORT TO COUNCIL RE: FINANCIAL IMPLICATIONS OF AN EXTENSION OF A PUBLIC ROAD FROM STRASBURG ROAD IN HURON BUSINESS PARK SOUTH WARD The Committee was in-receipt of Development and Technical Services Department report DTS- 02-152 dated June 13, 2002. It was noted in the report that at the May 6, 2002 Council meeting, staff were directed to explore the extension of a public road from Strasburg Road through site 164 to support the subdivision of 12 acres of land in the Huron Business Park and to report back to the Committee at its June 24, 2002 meeting. As the evaluation process is not yet complete staff are requesting additional time to finalize their analysis. On motion by Councilor M. Galloway - it was resolved: "That an extension be approved from the June 24, 2002 date to the September 23, 2002 Development and Technical Services Committee meeting for staff to prepare a report analyzing the financial implications of the extension of a public road from Strasburg Road in the Huron Business Park." DTS-02-154 BACKFLOW PREVENTION PROGRAM The Committee considered Development and Technical Services Department report DTS-02- 154 dated June 19, 2002 which proposes a Backflow Prevention Program relating to all buildings within the City. Background relative to this issue, as well as an example of the contamination that can take place in a water distribution system was detailed in the report. On motion by Councillor J. Ziegler - it was resolved: "That establishment of a Backflow Prevention Program be approved for all buildings excluding single family dwellings, to ensure and maintain a safe potable water supply, and that Council consider the by-law attached to Development and Technical Services Department report DTS-02-154 which gives the municipality the authority to: 1) Request the building owner/occupant to provide a professional audit of the entire potable water supply and distribution systems for their building(s) and prepare a report regarding any/all cross connections; and, 2) Have a Building/Plumbing Inspector enter onto and into all properties to conduct an inspection(s) of the potable water distribution system to verify the accuracy of the professional report and/or to determine if any other cross connections exist; and, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 101 - CITY OF KITCHENER 3) 10. DTS-02-135 Conduct an annual re-inspection of the potable water supply." 146 HEIMAN STREET SUBDIVISION APPLICATION 30T-02202 CONDOMINIUM APPLICATION 30CDM-02201 ZONE CHANGE APPLICATION ZC 021121HIDR EDMUND FARRAGE FOREST-ROCKWAY WARD The Committee was advised that applications for zone change, subdivision and condominium have been received from Edmund Farrage with respect to the property known municipally as 146 Heiman Street. It was noted in the report that the plan of subdivision proposes to create 14 individually owned lots, developed with existing townhouse units that front onto a private road and that the plan of condominium provides for the lots to be linked to the 'common elements' condominium (private road) as parcels of tied lands. In addition the re-zoning provides for the proposed street townhouses to front onto a private road and for the reduction of side yard requirements through a special regulation in the Residential Six Zone (R-6). In this regard, the Committee considered Development and Technical Services Department report DTS-02-135 dated June 12, 2002 and a proposed By-law dated June 4, 2002 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. J. Willmer briefly summarized the purpose of the applications and noted that it was expected more of this type of 'common elements' condominium proposals would be made. Mr. Willmer asked that the Committee approve a slight revision to clause 3 of the proposed By-law so as to provide for a minimum side yard of 1.2 m rather than 1.5 m. Mr. Tom Hardacre, Planning and Engineering Initiatives Limited, attended on behalf of the applicant and noted that this was the first 'common element' project in the City of Kitchener. Mr. Hardacre advised that he was in agreement with the recommendations in the staff report and the minor revision requested to the proposed By-law. No other delegations were registered respecting this matter. The Committee then considered the recommendations in the staff report as well as the requested revision to the proposed By-law. On motion by Councillor G. Lorentz - it was resolved: "A. That Zone Change Application ZC 02/12/H/DR (146 Heiman Street - Edmund Farrage) for the purpose of changing the zoning from Residential Six Zone (R-6) to Residential Six Zone (R-6) with Special Regulation 384R on lands legally described as Part of Lot 66 Municipal Compiled Plan of Subdivision of Lot 18, GCT being Part 1 on Plan 58R-12430 and Part 4 on Plan 58R-13179, City of Kitchener, be approved in the form shown in the 'Proposed By-law', dated June 4, 2002 as revised in respect to Clause 3 to permit minimum sideyards of 1.2 metres rather than 1.5 metres, 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. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.©. 1990, Chapter P 13 as amended, and delegation by-law 97-061, grant draft approval to Plan of Subdivision Application 30T-02202 (146 Heiman Street), in the City of Kitchener, for Edmund Farrage, subject to the following conditions: That this approval applies to Plan of Subdivision 30T-02202 as shown on the plan prepared by Planning & Engineering Initiatives Ltd., dated February 19, 2002 as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated April 26, 2002, which shows the following: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 102 - CITY OF KITCHENER 10. DTS-02-135 146 HEIMAN STREET SUBDIVISION APPLICATION 30T-02202 CONDOMINIUM APPLICATION 30CDM-02201 ZONE CHANGE APPLICATION ZC 02/12/H/DR EDMUND FARRAGE FOREST-ROCKWAY WARD (CONT'D) Block 1 Block 2 Block 3 Block 4 - Multiple Residential (5 townhouses) - Multiple Residential (5 townhouses) - Multiple Residential (4 townhouses) - Driveway 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 prepared by the City of Kitchener, dated April 26, 2002 which shall contain the following special condition: Section 6 Other Time Frames 6.10 That the Subdivider irrevocably direct its solicitors and surveyors to register Plan of Condominium 30CDM-02201 immediately after the registration of Plan of Subdivision 30T-02202 and prior to any interest in any lot created by the plan of subdivision being conveyed or the subject of a charge to third parties. Any conveyance or charge/mortgage of any interest therein made after the registration (other than may have existed prior to the registration of the Plan of Subdivision) of the Plan of Subdivision 30T-02202 and prior to the registration of Plan of Condominium 30CDM-02201 is null and void and of no effect. Anyone who purports to acquire any interest in any one or more of the said lots after the registration of Plan of Subdivision 30T-02202 and prior to the registration of Plan of Condominium 30CDM-02201 is bound as successor in title to the Subdivider to convey, free and clear of encumbrance, the same to the City of Kitchener or to a person including the Subdivider as directed in writing by the City of Kitchener. 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. The final plan for registration shall show all lots intended for development as residential dwellings and a City Standard Supplementary Residential Subdivision Agreement showing such lotting shall be registered prior to registration. That the Plan of Subdivision not be released for registration until such time as all of the conditions of draft approval of Plan of Condominium 30CDM- 02201 have been met to the satisfaction of the Director of Planning. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Director of Planning and shall obtain approval therefrom. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. The SUBDIVIDER shall 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 103 - CITY OF KITCHENER 10. DTS-02-135 146 HEIMAN STREET SUBDIVISION APPLICATION 30T-02202 CONDOMINIUM APPLICATION 30CDM-02201 ZONE CHANGE APPLICATION ZC 02/12/H/DR EDMUND FARRAGE FOREST-ROCKWAY WARD (CONT'D) associated with the provision of temporary services and the removal of such services when permanent installations are possible. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telephone services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: (a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to HYDRO, and telephone companies and the City, to the CITY'S Director of Planning. (b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering Services for municipal services; (c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; (d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Director of Planning or, in the case of parkland, the CITY'S General Manager of Community Services; and (e) to provide to the CITY'S Director of Planning, 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. The SUBDIVIDER shall erect and maintain a standard City notice sign to the satisfaction of the City's Director of Planning. 10. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Director of Planning, 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. CLEARANCE CONDITIONS FOR 30T-02202 That prior to the signing of the final subdivision plan by the City's Director of Planning, the Director shall be advised by the telephone companies that Conditions 2.2.7 and 2.2.8 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions have been satisfied. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 104 - CITY OF KITCHENER 10. DTS-02-135 146 HEIMAN STREET SUBDIVISION APPLICATION 30T-02202 CONDOMINIUM APPLICATION 30CDM-02201 ZONE CHANGE APPLICATION ZC 02/12/H/DR EDMUND FARRAGE FOREST-ROCKWAY WARD (CONT'D) That prior to the signing of the final subdivision plan by the Director of Planning, the Director shall be advised by Kitchener Wilmot Hydro that Conditions 2.2.6 and 2.2.8 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions have been satisfied. 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 Condominium Application 30CDM-02201 (146 Heiman Street), in the City of Kitchener for Edmund Farrage, subject to the following Conditions: That this approval applies to Draft Plan of Condominium 30CDM-02201 for Edmund Farrage, prepared by Planning and Engineering Initiatives Limited, dated February 19, 2002, that shows a driveway (Block 1 ). That the final plan shall be prepared in accordance with the above noted plan, with a copy of the final plan being approved by the City's Director of Planning. That the owner submit a draft Condominium Declaration for approval by the City's Director of Planning containing but not limited to the following provisions: i) That the parking and storage of derelict vehicles and recreation vehicles on the subject lands is prohibited. ii) That public and private sidewalks, driveways and parking areas be maintained in a snow free condition and void of any obstructions 12 months of the year. iii) That a private contractor will pick up and dispose of garbage refuse from the designated refuse area. iv) That the Owner agrees to maintain the subject lands in compliance with the site plan approved by the City's Manager of Design and Development, for the life of the development on the subject lands. v) That access rights will be maintained for Kitchener-Wilmot Hydro. That the surveyors for the Subdivider shall advise the City's Director of Planning, in writing, that the required description and other plans to be registered by the Subdivider in order to achieve registration of the common elements condominium have been unconditionally approved as to form and content by the Registry Office. That the solicitors for the Subdivider shall advise the City's Director of Planning, in writing, that the proposed condominium declaration has been unconditionally approved as to form and content by the Registry Office. That the Solicitors for the Subdivider advise the City's Director of Planning that the body and the declaration have been executed on behalf of the Subdivider and that all of the schedules to the proposed condominium declaration have been signed by the requisite signatories including the Subdivider, the project surveyor, the project solicitor and the project engineer and/or architect and all mortgagees. 7. That the owner submit a draft of the executed declaration, with the provisions as DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 105 - CITY OF KITCHENER 10. DTS-02-135 required in condition 3 hereof, for approval by the City's Director of Planning. 146 HEIMAN STREET SUBDIVISION APPLICATION 30T-02202 CONDOMINIUM APPLICATION 30CDM-02201 ZONE CHANGE APPLICATION ZC 021121HIDR EDMUND FARRAGE FOREST-ROCKWAY WARD (CONT'D) That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes, utility accounts, and/or local improvement charges. i) To complete any outstanding site development work required by the Section 41 Development Agreement registered as Instrument Number LT1519450 or, to submit to the City of Kitchener a Letter of Credit to cover any remaining cost of all outstanding development works not provided for by the Letter of Credit already deposited with the City, as required under the Section 41 Development Agreement. The Letter of Credit required for the plan of condominium registration and the Letter of Credit required by the Section 41 Development Agreement shall cover 100 percent of the cost of all outstanding development works. ii) The Letters of Credit shall be kept in force until the completion of the required site development works in conformity with their approved designs. If either, or both, Letters of Credit are about to expire without renewal thereof and the works have not been completed in conformity with their approved designs, the City may draw all of the funds so secured and hold them as security to guarantee completion, unless the City Solicitor is provided with a renewal of the Letters of Credit forthwith. iii) In the event that the Owner fails to complete, to the satisfaction of the City's Director of Planning, the required site development works in conformity with the approved design, then it is agreed by the Owner that the City, its employees, agents or contractors may enter on the lands and so complete the required site development works to the extent of the monies received under the Letters of Credit. The cost of completion of such works shall be deducted from the monies obtained from the Letters of Credit. In the event that there are required site development works remaining to be completed, the City may by by-law exercise its authority under Section 326 of the Municipal Act to have such works completed and to recover the expense incurred in doing so in like manner as municipal taxes. iv) Other forms of performance security may be substituted for Letters of Credit, at the request of the Owner, provided that approval is obtained from the City Treasurer and City Solicitor. 10. To expedite the approval for registration, the SUBDIVIDER shall submit to the City's Director of Planning, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the plan, have been satisfied. 4. NOTES Development Charges The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality are applicable. Registry Act The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. The condominium DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 106 - CITY OF KITCHENER 10. DTS-02-135 146 HEIMAN STREET SUBDIVISION APPLICATION 30T-02202 CONDOMINIUM APPLICATION 30CDM-02201 ZONE CHANGE APPLICATION ZC 02/12/H/DR EDMUND FARRAGE FOREST-ROCKWAY WARD (CONT'D) plan for registration must be in conformity with Ontario Regulation 43/96 as amended, under the Registry Act. Updated Information It is the responsibility of the owner of the lands subject to this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Department of Development and Technical Services of any changes in ownership, agent, address and phone number. Fees The owner/developer Js advised that the City of KJtchener and the Regional Municipality of Waterloo have adopted by-laws, pursuant to SectJon 69 of the PlannJng Act, R.S.O. 1990 c. P.13, to prescrJbe a tarJff of fees for application, recJrculatJon, draft approval, modification to draft approval and registration release of plans of subdivision. Planning Act Applicability This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). Registration Release 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 When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the signature of the Director of Planning 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 Four Four (1) original mylar (4) mylar copies (4)white paper prints Final Plans - Condominium 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 107 - CITY OF KITCHENER 10. DTS-02-135 received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been 146 HEIMAN STREET SUBDIVISION APPLICATION 30T-02202 CONDOMINIUM APPLICATION 30CDM-02201 ZONE CHANGE APPLICATION ZC 021121HIDR EDMUND FARRAGE FOREST-ROCKWAY WARD (CONT'D) made, the signature of the Director of Planning 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 Six (6) mylar copies Six (6)white paper prints One (1)J-1 Form It is the opinion of this Committee that the approval of this Subdivision Application and Condominium Application is proper planning for the City." 11. DTS-02-119-BPS - SHIRLEY AVENUE NORTH SUBDIVISION APPLICATION 30T-01204 ZONE CHANGE APPLICATION ZC 02/19/S/DR ROCKWAY HOLDINGS LIMITED BRIDGEPORT-CENTRE WARD The Committee was advised that Rockway Holdings Limited has submitted applications for zone change and subdivision with respect to a parcel of land on Shirley Avenue North. It was noted in the staff report that the subdivision plan proposes 3 blocks for future industrial lots to be developed in 2 stages. In this regard, the Committee considered Development and Technical Services Department report DTS-02-119-BPS dated June 3, 2002 and a proposed By-law dated May 27, 2002 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. G. Stewart briefly summarized the purpose of the applications and requested three minor revisions to the recommendations in the staff report. Firstly, in Clause A of the recommendation he noted that reference to Special Regulation 385R should read as Special Use Provision 316U; secondly, in section 5 (clearance conditions) in sub-item 2 reference to condition 4.2 should be deleted and thirdly, also under section 5, sub-item 5 reference to condition 4.3 should be changed to 4.2. Mr. Zyg Janecki and Ms. ©dete Gomes, Planning and Engineering Initiatives Limited, attended on behalf of the applicant and indicated agreement with the recommendations in the staff report as well as the minor revisions requested this date. No other delegations were registered respecting this matter. The recommendations in the staff report were then considered, as well as the revisions requested this date. On motion by Councillor J. Smola - it was resolved: "A. That Zone Change Application ZC 02/19/S/DR (Shirley Avenue North - Rockway Holdings Limited) for the purpose of changing the zoning from Business Park One Zone (B-l) with Special Use Provision 45 U and Special Regulation 1R to DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 108 - CITY OF KITCHENER 11. Business Park One Zone (B-l) with Special Use Provision 45 U, Special Regulation 1 R and Special Use Provision 316 U, on lands legally described as DTS-02-119-BPS - SHIRLEY AVENUE NORTH SUBDIVISION APPLICATION 30T-01204 ZONE CHANGE APPLICATION ZC 021191SlDR ROCKWAY HOLDINGS LIMITED BRIDGEPORT-CENTRE WARD (CONT'D) Plan 58R-5651, Part 4 & Part of Part 3, Being Part of Lot 123 G.C.T., for the City of Kitchener, be approved in the form shown in the 'Proposed By-law', dated May 27, 2002 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. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.©. 1990, Chapter P 13 as amended, and delegation by-law 97-061, grant draft approval to Plan of Subdivision Application 30T-01204 (Shirley Avenue North), in the City of Kitchener, for Rockway Holdings, subject to the following conditions: That this approval applies to Plan of Subdivision 30T-01204 as shown on the plan prepared by Planning & Engineering Initiatives Ltd., dated July 2001 and last revised March 22, 2002 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated May 27, 2002, which shows the following: Stage 1 Block 1 - industrial Stage 2 Block 1 - industrial Block 2 - industrial 2. CITY OF KITCHENER CONDITIONS: 2.1 That the Subdivider shall enter into a City Standard Subdivision Agreement, as approved by City Council, save and except Sections 4.5, 4.11 and 4.12 which pertain to residential development, respecting those lands shown outlined on the attached Plan of Subdivision, prepared by the City of Kitchener, dated May 27, 2002 and which shall contain the following special conditions: Section 4 Prior to the Issuance of Building Permits 4.22 The Victoria Street North Sewage Facility shall be constructed and operational prior to the issuance of building permits. Alternatively, if the Victoria Street North Sewage Facility is substantially completed and appropriate financial securities are in place to complete the project, the CITY'S Director of Engineering Services may agree to the issuance of building permits but withhold occupancy permits until the Victoria Street North Sewage Facility is finally completed and operational. 4.23 The SUBDIVIDER agrees that Shirley Avenue shall be constructed to the satisfaction of the CITY's Director of Engineering Services and opened to public vehicular traffic prior to the issuance of building permits. Further, the SUBDIVIDER agrees that Shirley Avenue shall be constructed from Lackner Boulevard to the western boundary of the subject lands and from the eastern boundary of the subject lands through adjacent plan of subdivision (Witzel-Kearns RP 1677) prior to issuance of building permits in order that two means of access are provided to these lands in accordance with the CITY's Emergency Access Policy. 4.24 The SUBDIVIDER agrees to construct bicycle lanes on both sides of Shirley Avenue North, within the proposed right of way, in accordance with the City of DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 109 - CITY OF KITCHENER 11. Kitchener Bikeway Study (April 1998) to the satisfaction of the Director of Engineering Services. DTS-02-119-BPS - SHIRLEY AVENUE NORTH SUBDIVISION APPLICATION 30T-01204 ZONE CHANGE APPLICATION ZC 02/19/S/DR ROCKWAY HOLDINGS LIMITED BRIDGEPORT-CENTRE WARD (CONT'D) 4.25 The SUBDIVIDER agrees to submit a storm water management plan for each lot prior to issuance of building permits to the Director of Engineering Services. Section 6 Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using Shirley Avenue to the Lackner Boulevard extension only and prohibited from using other internal residential streets in the community. In the event that Shirley Avenue to Lackner Boulevard is not available, construction traffic shall temporarily use Shirley Avenue through the adjacent subdivision (Witzel Kearns RP1677) to the east of these lands, until access to Lackner Boulevard is available. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the SUBDIVIDER being responsible for any required signage, all to the satisfaction of the CITY'S Director of Engineering Services. 6.11 The SUBDIVIDER agrees to install and maintain a 1.83 metre high chain link fence along the mutual property line between any lots and CN rail lands, prior to site plan approval. 6.12 The SUBDIVIDER agrees that prior to the registration of Stage Two, a walkway block shall be identified on the plan, to the satisfaction of the City's General Manager of Community Services. The walkway block is for the purpose of connecting to the Grand Valley Lands/trail to the north of the plan and shall be conveyed to the City of Kitchener prior to registration of Stage Two. 2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions: 1. The City Standard Industrial Subdivision Agreement be registered on title. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Director of Planning and shall obtain approval therefrom. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering Services, with 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. 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 JUNE 24~ 2002 - 110 - CITY OF KITCHENER 11. DTS-02-119-BPS - 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 SHIRLEY AVENUE NORTH SUBDIVISION APPLICATION 30T-01204 ZONE CHANGE APPLICATION ZC 021191SlDR ROCKWAY HOLDINGS LIMITED BRIDGEPORT-CENTRE WARD (CONT'D) include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: (a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to HYDRO, and telephone companies and the City, to the CITY'S Director of Planning. (b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering Services for municipal services; (c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; (d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Director of Planning or, in the case of parkland, the CITY'S General Manager of Community Services; and (e) to provide to the CITY'S Director of Planning, 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. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. 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 Director of Planning, 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 Director of Planning; 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 -111 - CITY OF KITCHENER 11. DTS-02-119-BPS - 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 SHIRLEY AVENUE NORTH SUBDIVISION APPLICATION 30T-01204 ZONE CHANGE APPLICATION ZC 021191SlDR ROCKWAY HOLDINGS LIMITED BRIDGEPORT-CENTRE WARD (CONT'D) 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 Director of Planning; 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, if required, 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. 11. To convey to the CITY the Grand River Valley lands to the north of this property, at no cost and free of encumbrance, concurrently with the registration of the plan of subdivision. 12. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Director of Planning, 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 satisfies the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services: 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 sufficient water supplies and wastewater treatment capacity is DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 112 - CITY OF KITCHENER available for this plan, or the portion of the plan to be registered. 11. DTS-02-119-BPS - SHIRLEY AVENUE NORTH SUBDIVISION APPLICATION 30T-01204 ZONE CHANGE APPLICATION ZC 02/19/S/DR ROCKWAY HOLDINGS LIMITED BRIDGEPORT-CENTRE WARD (CONT'D) b) That the owner include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfilment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered." That the subdivision agreement be registered by the City 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. That a 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. 4. OTHER AGENCY CONDITIONS Grand River Conservation Authority 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 storm water management report and plans in accordance with the 1994 Ministry of the Environment and Energy Report entitled "Stormwater Management Practices Planning and Design Manual" and the Preliminary SWM report (dated February 28, 2002) and letter addendum dated April 5, 2002 prepared by MTE consultants. 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. Canadian National Railway DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 113 - CITY OF KITCHENER 11. DTS-02-119-BPS - The SUBDIVIDER agrees that a lot grading/stormwater management plan shall be submitted to CN rail for review and approval to ensure no impact on SHIRLEY AVENUE NORTH SUBDIVISION APPLICATION 30T-01204 ZONE CHANGE APPLICATION ZC 021191SlDR ROCKWAY HOLDINGS LIMITED BRIDGEPORT-CENTRE WARD (CONT'D) CN lands as a result of the development of this site. 5. CLEARANCE CONDITIONS That prior to the signing of the final plan by the City's Director of Planning, the Director shall be advised by the Regional Commissioner of Planning, Housing and Community Services Conditions 3.1-3.4 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied. That prior to the signing of the final plan by the City's Director of Planning, the Director shall be advised by the Grand River Conservation Authority that Condition 4.1 has been carried out to the satisfaction of the GRCA. The clearance letter from the GRCA shall include a brief statement detailing how the conditions have been satisfied. That prior to the signing of the final plan by the Director of Planning, the Director 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 conditions have been satisfied. That prior to the signing of the final plan by the City's Director of Planning, the Director 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 conditions have been satisfied. That prior to the signing of the final plan by the City's Director of Planning, Director shall be advised by Canadian National Railway that Condition 4.2 has been carried out to the satisfaction of CN rail. The clearance letter from CN shall include a brief statement detailing how the condition has been satisfied. 6. NOTES Development Charges The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality are applicable. Registry Act The final plans for Registration must be in conformity Regulation 43/96, as amended, under The Registry Act. with Ontario Updated Information It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Business and Planning Services Departments of any changes in ownership, agent, address and phone number. Ag~ement DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 114 - CITY OF KITCHENER 11. DTS-02-119-BPS - 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 SHIRLEY AVENUE NORTH SUBDIVISION APPLICATION 30T-01204 ZONE CHANGE APPLICATION ZC 021191SlDR ROCKWAY HOLDINGS LIMITED BRIDGEPORT-CENTRE WARD (CONT'D) 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 The owner/developer Js advised that the City of KJtchener and the Regional Municipality of Waterloo have adopted by-laws, pursuant to SectJon 69 of the PlannJng Act, R.S.O. 1990 c. P.13, to prescrJbe a tarJff of fees for application, recJrculatJon, draft approval, modification to draft approval and registration release of plans of subdivision. Approvals for Servicing Systems The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Stormwater Management The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Sewage System The proposed sanitary sewage collection system meets the definition of a "sewage works' as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Planning Act Applicability This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). 10. Regional Servicing Agreement The owner/developer is advised that draft approval is not a commitment by The Regional Municipality of Waterloo to water and wastewater servicing capacity. 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 115 - CITY OF KITCHENER 11. DTS-02-119-BPS - 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 SHIRLEY AVENUE NORTH SUBDIVISION APPLICATION 30T-01204 ZONE CHANGE APPLICATION ZC 021191SlDR ROCKWAY HOLDINGS LIMITED BRIDGEPORT-CENTRE WARD (CONT'D) Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. 11. Registration Release To ensure that a Regional Release is issued by the Regional Commissioner of Planning and Culture to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. 12. Final Plans - Subdivision 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 [entertitle 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 Four Four (1) original mylar (4) mylar copies (4)white paper prints It is the opinion of this Committee that approval of this Subdivision Application is proper planning for the City." 12. TDL DTS-02-104-BPS - 197 FREDERICK STREET ZONE CHANGE APPLICATION ZC 021051FICB WRIGHT-DIETRICH LAND DEVELOPMENT CONSULTANTS FOR GROUP LIMITED BRIDGEPORT-CENTRE WARD The Committee was advised that a zone change application has been received from Wright- Dietrich Land Development Consultants, on behalf of the TDL Group, with respect to lands known municipally as 197 Frederick Street. It was noted in the staff report that the re-zoning proposes to add a special regulation provision to the existing zoning on the subject property so as to reduce the required minimum floor space ratio for restaurants, prohibit the use of a drive- thru restaurant and reduce the parking requirement for restaurant use. The requested zoning change will then facilitate the development of an architecturally unique Tim Hortons Restaurant DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 116 - CITY OF KITCHENER 12. TDL on a site which currently sits vacant at the south-west corner of Frederick Street and Lancaster Street. In this regard, the Committee considered Development and Technical Services Department report DTS-02-104-BPS dated May 17, 2002 and a proposed By-law dated April 26, 2002 attached to the report. DTS-02-104-BPS - 197 FREDERICK STREET ZONE CHANGE APPLICATION ZC 021051FICB WRIGHT-DIETRICH LAND DEVELOPMENT CONSULTANTS FOR GROUP LIMITED BRIDGEPORT-CENTRE WARD (CONT'D) I'~-was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. J. Willmer briefly explained the purpose of the application and noted that there was one other matter that he wished to draw to the attention of the Committee having to do with the provision for a Record of Site Condition. He advised that a Record of Site Condition has not yet been received but it was his recommendation that the application was in compliance with the Municipal Plan. Mr. Gary Wright, attended representing the TDL Group and commented that his firm had complete design responsibility for the proposed restaurant structure. He indicated that their intent was to bring a unique architectural development to the site and one that would not be of the same appearance as a typical Tim Hortons franchise. He then illustrated elevation drawings for the proposal indicating how it would blend in with the neighbourhood. No other delegations were registered respecting this matter. Councillor J. Smola commented that area residents were positive with respect to the proposed development during the public information meetings that were held. On motion by Councillor J. Smola - it was resolved: "That Zone Change Application ZC 02/05/F/CB (197 Frederick Street - TDL Group - Wright-Dietrich Land Development Consultants), to change the zoning on the subject lands, legally described as Plan 392 Part Lot 1 to Part Lot 3 Part Lot 5, City of Kitchener, from Commercial Residential Two Zone (CR-2) with Special Use Provision 125U and Special Regulation Provision 115R, to Commercial Residential Two Zone (CR-2) with Special Use Provision 125U and Special Regulation Provisions 115R and 370R b~e approved, in the form shown in the 'Proposed By-law' dated April 26, 2002, 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." 13. DTS-02-128 137-139 HOFSTETTER AVENUE ZONE CHANGE APPLICATION ZC 011281HIBS BRIAN HOFSTETTER CHICOPEE-GRAND RIVER WARD Mayor C. Zehr disclosed a pecuniary interest and abstained from all discussion as he owns property within the circulation area of the zone change. The Committee was advised that a zone change application has been received from Mr. Brian Hofstetter which proposes to change the current zoning on a portion of the property municipally known as 137-139 Hofstetter Avenue from Hazard Land Zone (P-3) to Residential Three Zone (R-3) with Special Regulation Provision 386R. The re-zoning would legalize the existing single detached dwelling and allow for the future replacement of that dwelling with a new single detached dwelling located above the development set back line that has been set through a slope stability analysis and appropriately set back from the adjacent Highway 8. In this regard, the DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 117 - CITY OF KITCHENER Committee considered Development and Technical Services Department report DTS-02-128 dated June 11,2002 and a proposed By-law dated May 27, 2002 attached to the report. 13. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. DTS-02-128 137-139 HOFSTETTER AVENUE ZONE CHANGE APPLICATION ZC 011281HIBS BRIAN HOFSTETTER CHICOPEE-GRAND RIVER WARD (CONT'D) Mr. J. Willmer briefly explained the purpose of the report. He requested approval of a revision to Map Number 2 (Schedule 73) attached to the report which corrects an easterly side yard measurement to 30.08 meters rather than 15.82 meters. Mr. Jordon Hofstetter, son of the applicant, attended in support of the zone change application and remarked on history related to why the current application came about and the notification process. A presentation was given utilizing the overhead projection system that depicted the property and surrounding lands before and after the construction of Highway 8. He referenced the P-3 zoning as noted in page 4 of the staff report and commented on how difficult it has been to challenge the P-3 zoning. In this regard he questioned why Hidden Valley Road properties were not treated similarly. As an example he referred to 690 Hidden Valley Road which was constructed in the last few years within the river bank hazard lands. Mr. Kevin Eby, Region of Waterloo, attended to discuss some minor concerns with respect to the application. He noted that as a result of the noise study, noise mitigation measures are required and that the Planning Act permits some regulations relating to the building on the site. However, he noted that the staff report does not deal with this issue. He requested the opportunity to work with City staff and the applicant to find a means to fulfil noise requirements in respect to notification to any future owners of noise originating from the Highway and that noise measures be incorporated into building design. He indicated that he would like to see these incorporated into the proposed By-law as revisions which could then be considered at City Council's meeting on July 2, 2002. Mr. J. Shivas commented that there was some room for the municipality to respond to and explore some regulations within the Zoning By-law. Mr. Brian Hofstetter attended in support of the application noting that its original purpose was to correct the zoning. He indicated support for the set-back required for new construction but objected to the property's split zoning. He also referred to a home constructed on the opposite side of Highway 8 under similar circumstances as his property and commented that the same rules should apply to all. Mr. Hofstetter indicated that he had spent approximately $6,800. to date seeking correction of the existing zoning. He also noted that an existing workshop has been used on his property since 1943 and asked that consideration be given to adding a special use provision to legalize the shop. Lastly, Mr. Hofstetter pointed out that the Region had required a noise study and asked for a reduction to 33 meters in the noise line to accommodate a 2,100 square foot bungalow, which would be larger than the existing house. In making this request he referred to the Trinity development which was adjacent to Highway 8. In response to Councillor B. Vrbanovic, Mr. J. Willmer advised that the use of the existing workshop has legal non-conforming status and that this provided more flexibility to the owner than a special use provision would in the Zoning By-law. No other delegations were registered respecting this matter. The recommendations in the staff report were then considered. It was agreed to revise the proposed By-law to provide for a minimum set-back of 30 meters and correction of Map Number 2 to reflect an easterly side yard measurement of 30.08 meters. As well, it was suggested that City and Regional staff deal with issues of noise warning and building design prior to the July 2, 2002 Council meeting. On motion by Councillor B. Vrbanovic - it was resolved: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 118 - CITY OF KITCHENER "A. 13. DTS-02-128 That Council interpret the Municipal Plan designation for lands described as Part of Lots 13 & 14 Municipal Complied Plan 987 and Part of Lots 6 & 7 Municipal Compiled Plan 990, more specifically Part of Part 1, Plan 58R-6647, in the City of Kitchener as shown in the "Proposed By-law", dated May 27th, 2002 as being Low Rise Residential. 137-139 HOFSTETTER AVENUE ZONE CHANGE APPLICATION ZC 011281HIBS BRIAN HOFSTETTER CHICOPEE-GRAND RIVER WARD (CONT'D) That Zone Change Application ZC 01/28/H/BS (137-139 Hofstetter Avenue - Brian Hofstetter) requesting a change in zoning from Hazard Land Zone (P-3) to Residential Three Zone (R-3) with Special Regulation Provision 386R on lands legally described as Part of Lots 13 & 14 Municipal Complied Plan 987 and Part of Lots 6 & 7 Municipal Compiled Plan 990, more specifically Part of Part 1, Plan 58R-6647, in the City of Kitchener, be approved, in the form shown in the "Proposed By-law", dated May 27th, 2002, as revised June 24, 2002, in respect to Clause 4 to provide for a minimum setback of 30 metres rather than 39 metres, correction to Map No. 2 (Schedule No. 73) of an easterly sideyard measurement to 30.08 m rather than 15.82 m, without conditions. And further, that City / Regional staff explore issues of noise warning and building design and advise City Council prior to consideration of the by-law. 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." Mayor C. Zehr previously disclosed a pecuniary interest and abstained from all discussion and voting as he owns property within the circulation area of the zone change. On motion by Councillor B. Vrbanovic - it was resolved: "That application fees be refunded to Mr. Brian Hofstetter in respect to Zone Change Application ZC 01/28/F/BS (137-139 Hofstetter Avenue)." Mayor C. Zehr previously disclosed a pecuniary interest and abstained from all discussion and voting as he owns property within the circulation area of the zone change. 14. DTS-02-131 HIDDEN VALLEY ROAD ZONE CHANGE APPLICATION ZC 021201TCIBS MUNICIPAL PLAN INTERPRETATION CITY INITIATED FAIRVIEW-GATEWAY WARD The Committee considered a City initiated zone change application to remove a Holding provision (11h) from many residential properties along the east and south leg of Hidden Valley Road. The reason for the Holding provision was to restrict development until such time as City road extensions have been arranged to provide a means of secondary access to the subject area. Since the construction of Wabanaki Drive extension from Fairway Road to Goodrich Drive is under way, the Holding provision can now be removed. In the regard, the Committee considered Development and Technical Services Department report DTS-02-131 dated June 11, 2002 and a proposed By-law dated May 31,2002 attached to the report. Mr. J. Willmer briefly explained the purpose of the report and advised that staff had nothing further to add. No delegations were registered respecting this matter. On motion by Councillor J. Ziegler - it was resolved: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 119 - CITY OF KITCHENER 14. 15. "That Zone Change Application ZC 02/20/TC/BS (City Initiated) to remove the Holding Provision [11 h] on lands located on Hidden Valley Road and legally described as Lots 3 to 7 inclusive and Part Lot 8, Registrar's Compiled Plan 1519, Lots 5 to 16 inclusive, Part Lot 17 and Lots 18 and 19 of Registrar's Compiled Plan 1523, in the City of Kitchener, be DTS-02-131 HIDDEN VALLEY ROAD ZONE CHANGE APPLICATION ZC 021201TClBS MUNICIPAL PLAN INTERPRETATION CITY INITIATED FAIRVIEW-GATEWAY WARD (CONT'D) approved in the form shown in the 'Proposed By-law' dated May 31st, 2002, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City." DTS-02-134 245 STRASBURG ROAD ZONE CHANGE APPLICATION ZC 021181SICB 1427852 ONTARIO INC. FAIRVIEW-GATEWAY WARD The Committee was advised that a zone change application has been received from 1427852 Ontario Inc. requesting removal of a Holding provision from the property known municipally as 245 Strasburg Road. The purpose of the Holding provision was to prohibit a variety of uses until the City was in reciept of a Letter of Acknowledgement from the Ministry of the Environment advising that a Record of Site Condition has been completed. It was noted in the report that the applicant has provided the M©E with a Record of Site Condition and the Ministry has advised staff that they intend to evaluate it by June 21,2002. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. J. Willmer explained the purpose of the application and advised that he was not aware of sufficient progress being made to lift the Holding provision. Accordingly, he suggested that the staff recommendation be revised to defer the matter to the Committees' August 12, 2002 meeting pending a response from the Ministry. After discussion the Committee indicated it was prepared to approve the application subject to the MOE advising that a Record of Site Condition has been completed such that the application could be considered by City Council at the July 2, 2002 meeting or alternatively deferred and referred to the August 26, 2002 Council meeting. On motion by Councillor J. Ziegler - it was resolved: "That subject to the Ministry of the Environment providing a letter of acknowledgement advising that a Record of Site Condition (RSC) has been completed, the following recommendation be presented to City Council at its July 2, 2002 meetinq; or alternatively, if a letter is not received, the recommendation be deferred and referred to the Auqust 26, 2002 City Council meetinq for consideration: That Zone Change Application ZC 02/18/S/CB (245 Strasburg Road - 1427852 Ontario Inc.), to change the zoning on the subject lands, legally described as part of Lot 9, Municipal Compiled Plan 1021 and part Lots 4 and 5, Municipal Compiled Plan 1022, more particularly described as Part 1 on Plan 58R-11063, from Commercial Campus Zone (C-8) with Special Regulation Provision 358R and Holding Provision 35H to Commercial Campus Zone (C-8) with Special Regulation Provision 358R be approved, in the form shown in the 'Proposed By-law' dated April 26, 2002, subject to acknowledgment of the new Record of Site Condition by DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 120 - CITY OF KITCHENER the Ministry of the Environment. 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." 16. DTS-02-052 LAND BETWEEN 98 & 106 STRANGE STREET ZONE CHANGE APPLICATION ZC 011221SIBS CITY INITIATED WEST-VICTORIA PARK WARD The Committee was advised of a City initiated zone change application to re-zone lands between 98 and 106 Strange Street that would re-designate a portion of Cherry Park deemed to be surplus City land from Open Space Zone to permit only one single detached dwelling unit with a reduced front yard setback to be developed. In this regard, the Committee considered Development and Technical Services Department report DTS-02-052 dated June 19, 2002 and a proposed By-law incorrectly dated as July 19, 2002 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. J. Willmer briefly explained the purpose of the application. He advised that staff had been contacted by officials from Habitat for Humanity who have expressed an interest in developing a semi-detached dwelling on the lands and noted that this request could be considered. He indicated that neighbours could be notified of this request prior to the July 2, 2002 City Council meeting. No delegations were registered respecting this matter. Councillor B. Vrbanovic expressed concern with a semi-detached use and questioned if a regulation could be incorporated into the proposed By-law that each semi-detached dwelling contain only one unit. He also expressed concern respecting the design of any new dwelling unit and in response Mr. J. Willmer indicated that since the City was the owner of the lands any sale agreement could include a clause that would require the final design of any structure to be approved by the City. On motion by Councillor J. Smola - it was resolved: "That Zone Change Application ZC 01/22/S/BS (Land between 98 & 106 Strange Street - City Initiated), to change the zoning on the subject lands, legally described as Part Lot 484 Plan 378, more particularly described as Parts 1 and 2 on Reference Plan 58R- 13544, for the City of Kitchener, from Open Space Zone (P-2) to Residential Five Zone (R-5) with Special Use Provision 305U, be approved, in the form shown in the 'Proposed By-law' dated June 19th, 2002, 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." 17. DTS-02-133 CITY ACQUISITION OF WOODLOT IN BRIGADOON COMMUNITY RE: LAND EXCHANGE AGREEMENT WITH HALLMAN BRIERDALE LIMITED SOUTH WARD The Committee was in receipt of Development and Technical Services Department report DTS- 02-133 dated June 3, 2002 dealing with an exchange of lands between the City and Hallman Brierdale Limited. It was noted in the report that Hallman Brierdale Limited intends to convey a woodlot of approximately 20 acres located in the Brigadoon Community to the City in exchange for certain other lands presently owned by the City. Hallman Brierdale Limited owns vacant land in the Brigadoon Community comprised of approximate 99 acres west of Biehn Drive and south of Huron Road. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 121 - CITY OF KITCHENER 17. Ms. J. Given presented details relative to the woodlot donation and illustrated the general area affected as well as advising that residents of the Brigadoon Community had been circulated with a copy of the report and notice of a meeting this date. She presented photographs of the woodlot donation which would be subject to full development rights if not donated to the City by the developer. Ms. Given pointed out that the proposal addresses a Compass Kitchener DTS-02-133 CITY ACQUISITION OF WOODLOT IN BRIGADOON COMMUNITY RE: LAND EXCHANGE AGREEMENT WITH HALLMAN BRIERDALE LIMITED SOUTH WARD (CONT'D) ~rection as to the City increasing and preserving green space with an initial focus on trees and trails. Ms. Yvonne Fernandes attended in regard to the land exchange and noted that she had been fighting to preserve the area and the Strasburg wetlands. She commented that the conveyance was an opportunity to continue this stewardship as well as an opportunity for further revitalization of the natural environment. She did express concerns with regard to the fact that Biehn Drive is currently is a dead end street and recommended that it stay that way rather than become a through street handling higher speed traffic. Ms. Fernandes referred to another concern in that the Grand River Conservation Authority was in the process of developing new draft policy for wet-lands and noted that portions of the area would fall under those regulations. Mr. Frank Moffat attended to express appreciation to Hallman Brierdale Limited and the City for undertaking the proposed exchange which he stated would enhance the Brigadoon area. In reference to the extension of Biehn Drive, he advised that land currently at the end of Biehn Drive, is Class 1-Wetland and asked that the Municipal Plan be amended to eliminate Biehn Drives status as a collector road which he noted that would then eliminate the 'Deferral' of these lands from the Municipal Plan. Councillor C. Weylie enquired of Paul Grespan as to what he thought the position of Hallman Brierdale would be with respect to the request to terminate existing Biehn Drive. Mr. Grespan suggested that it was premature to deal with the request and commented that through the proper planning process the future of Biehn Drive could be determined as there was a need to consider various issues in that regard. In response to Mayor C. Zehr, Mr. Grespan advised that the contemplated road network was that Biehn Drive would extend southerly and join with Strasburg Road. Ms. J. Given advised that the staff report deals with a collector road that would be eliminated, which Biehn Drive would have connected to and noted that some discussions have taken place in this regard. She pointed out that there were some strong traffic issues to be resolved and Councillor C. Weylie commented that recommendation two of the staff report makes reference to the collector road issue. Councillor M. Galloway commented on the significance of preserving this woodlot and questioned what the time frame was to bring thoughts of an in-house discussion back to the Community. Ms. J. Given responded that staff were in a position to finalize concepts and layout for future development but will delay until the Fall because of the Summer vacation period. Councillor Galloway advised that he would like residents to have an opportunity to convey their preliminary thoughts before recommended positions were taken. Following further discussion, Mr. P. Grespan advised that required general planning and finalization of the Community Plan was being initiated by City staff and that the applicant was not in a rush to finalize other on-going issues as subdivisions would not be proceeded with for a year or two. On motion by Councillor M. Galloway - it was resolved: "1) That the City enter into, and the Mayor and Clerk be authorized to execute, an agreement dated May 2, 2002 with Hallman Brierdale Limited to exchange certain land referred to therein, including a conveyance by Hallman Brierdale Limited to the City of approximately 20 acres of wooded lands in the Brigadoon community; and, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 2) - 122 - CITY OF KITCHENER That Planning staff bring forward the necessary changes to the City's Official Plan and Brigadoon Community Plan to a future meeting of Council, to reflect the conservation of the woodland and resolve the outstanding collector road pattern; and further, 17. DTS-02-133 CITY ACQUISITION OF WOODLOT IN BRIGADOON COMMUNITY RE: LAND EXCHANGE AGREEMENT WITH HALLMAN BRIERDALE LIMITED SOUTH WARD (CONT'D) 3) ~'hat an information meeting with the Community take place no later than September 2002 to receive Community comment." 18. DTS-02-122 LANDS AT THE NORTHWEST CORNER OF ZELLER DRIVE & WOOLNER DRIVE REVISION TO GRAND RIVER SOUTH COMMUNITY PLAN MODIFICATION TO SUBDIVISION 30T-97015 ZONE CHANGE APPLICATION ZC 01/10/Z/TMW LYNDALE ESTATES LIMITED CHICOPEE-GRAND RIVER WARD The Committee was a~vised that applications have been received from Lyndale Estates Limited to change the zoning and modify the draft plan of subdivision with respect to a 35.58 hectare parcel of land located on the northwest corner of Zeller Drive and Woolner Drive in the Grand River South Community. Concurrent with these applications the Committee is asked to consider a revision to the Community Plan. It was noted in the staff report that the applicant proposes to change the zoning and to modify the conditions of draft approval of Plan of Subdivision 30T-97015 to permit development of the subject lands with 523 dwelling units. The modifications include changes to the staging of the draft plan, the lotting of stages 1-5, the change of street 4 (now Amelia Court) from a through street to a cul-de-sac, the addition of street names and a change to the permanency of the stormwater management area. The zone change will facilitate the subdivision modifications by zoning the lands for the permanent pond to 'P-2', rezoning additional lands for townhouse units and facilitate the lotting of the subdivision with a mix and range of lot sizes to accommodate market and builder requirements for alternative house designs. The Community Plan revision addresses the change of the permanency with respect to the stormwater management pond. In this regard, the Committee considered Development and Technical Services Department report DTS-02-122 and a proposed By-law dated June 6, 2002 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Ms. T. Malone-Wright summarized the purpose of the application and requested a change to the proposed By-law so as to add an additional Clause 4 providing that the By-law come into effect only upon approval of the modifications to the draft plan approval of Draft Plan of Subdivision 30T-97015 by the Ontario Municipal Board. She also advised that as a result of a request from Mr. P. Britton to delete Block 57, condition 91 and various other conditions had been modified in respect to this deletion. Mr. Chris Pidgeon, Green Scheels Pidgeon, attended representing Lyndale Estates Limited and made a presentation using the overhead projection system. He illustrated the boundaries of the subject lands and the current draft plan of subdivision, as well as the proposed revised draft plan of subdivision that has been requested. He commented that it was their opinion the modifications needed are minor in nature and proceeded to explain the changes that have taken place. He specifically commented on the permanency of the stormwater management facility and noted that 90% of the water originated from the applicant's lands. Mr. Pidgeon pointed out that revisions to the staging are the most controversial and made reference to a traffic study that divided the area into six phases; however, he pointed out that development orientation is now DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 123 - 18. CITY OF KITCHENER from the extension of Fairway Road. He commented on intersection signalization issues, construction of Zeller Drive and availability of building permits for Zeller Drive, as well as stages six and seven being dependant on Hallman Brierdale to provide servicing. Mr. Pidgeon asked that the staff recommendation be approved and pointed out that Lyndale was front-ending servicing costs totalling $6.4 M. Responses to Committee questions dealt with the extension of Fairway Road, airport lighting and a warning in that regard and the issue of a noise wall for properties backing onto Fairway Road. DTS-02-122 LANDS AT THE NORTHWEST CORNER OF ZELLER DRIVE & WOOLNER DRIVE REVISION TO GRAND RIVER SOUTH COMMUNITY PLAN MODIFICATION TO SUBDIVISION 30T-97015 ZONE CHANGE APPLICATION ZC 011101ZlTMW LYNDALE ESTATES LIMITED CHICOPEE-GRAND RIVER WARD (CONT'D) ~r. Paul Grespan, attended on behalf of Hallman Brierdale, and illustrated the lands which Hallman Brierdale intends to develop at a later date adjacent to the Lyndale lands. He then commented on a 1994 private agreement wherein Hallman Brierdale, Northlake and Teakwell Holdings had entered into a cost sharing agreement that allowed for the subdivision to reach draft plan stage. He indicated that the three companys had co-operated in the development and also worked with Rockway Holdings within a lengthy planning process that was subsequently referred to the Ontario Municipal Board and conditions for all three plans were finalized at the OMB. He referred to page 25 of the staff report and pointed out that the draft plans were not premised on Hallman lands being developed as it was the intention of the three companys that either company could proceed with development first. Mr. Grespan advised that Lyndale Estates purchased the Northlake lands after completing due diligence but noted that Lyndale now wishes to change the private agreement and plans that were reached respecting the subdivisions. He pointed out that if the City was to approve of the Lyndale applications, Lyndale would avoid its obligations under the agreement among developers to the detriment of the other two developers. He circulated a summary entitled 'Comparative Analysis of Conditions of Subdivision Approval' in this regard. Mr. Grespan requested that the lots fronting Zeller Drive between Woolner Drive and Pebble Creek Drive continue to be part of phase 1 of the Lyndale Estates Subdivision to the boundary of the Hallman Brierdale lands and secondly, that all obligations with regard to Lackner Boulevard and Zeller Drive remain unchanged. Accordingly he commented that infrastructure access for all parties would be ensured. Discussion took place with respect to the intent and impact of proposed changes to condition 67 and 81. No other delegations were registered respecting this matter. Councillor B. Vrbanovic commented that the Region of Waterloo wishes to deal with the issue of airport lighting on a comprehensive basis. He suggested that a clause should be added pointing out that the issue of airport lighting was being looked at and that there may be other requirements added. He further commented that staff had developed a reasonable solution to safety issues relating to the Lackner / Zeller Drive intersection and asked that signals at Lackner / Zeller be put back into the conditions. As well he requested that a clause to temporarily deal with airport lighting issues including any lighting towers be included within conditions. The staff recommendation was then dealt with including the requested revision to the By-law, the various revisions as a result of deletion of Block 57 and the requests to amend City condition number 81 and Regional condition number 5 respecting turn lanes and signals at Lackner and Zeller and City condition 70 and 101 regarding a lighting warning clause. On motion by Councillor B. Vrbanovic - it was resolved: "A. That Zone Change Application ZC 01/10/Z/TMW (Zeller Drive / Woolner Drive - Lyndale Estates Limited) requesting a change in zoning from Residential Four Zone (R-4) instead of Residential Three Zone (R-3), Residential Four Zone (R-4) instead of Residential Three Zone (R-3) with Special Regulation Provision 326R, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 18. DTS-02-122 - 124 - CITY OF KITCHENER Residential Four Zone (R-4) instead of Residential Four Zone (R-4) with Special Regulation Provision 327R, Residential Four Zone (R-4) with Revised Special Regulation Provision 323R instead of Residential Three Zone (R-3) with Special Regulation Provisions 323R and 326R, Residential Six Zone (R-6) with Revised Special Regulation Provision 323R instead of Residential Three Zone (R-3) with Special Regulation Provisions 323R and 326R, Residential Six Zone (R-6) with Revised Special Regulation Provision 323R instead of Residential Six Zone (R-6) LANDS AT THE NORTHWEST CORNER OF ZELLER DRIVE & WOOLNER DRIVE REVISION TO GRAND RIVER SOUTH COMMUNITY PLAN MODIFICATION TO SUBDIVISION 30T-97015 ZONE CHANGE APPLICATION ZC 01/10/Z/TMW LYNDALE ESTATES LIMITED CHICOPEE-GRAND RIVER WARD (CONT'D) ~'ith Special Regulation Provisions 323R and 327R, Open Space Zone (P-2) instead of Residential Six Zone (R-6) with Special Regulation Provision 323R and Special Use Provision 179U, on lands legally described as Part of Lots 8 and 11, Registered Plan No. 591, City of Kitchener, be approved in the form shown in the revised "Proposed By-law", dated June 24, 2002, which adds a Clause #4 providing that the By-law shall come into effect only upon approval of the Modifications to the Draft Plan Approval of Draft Plan of Subdivision 30T-97015 by the Ontario Municipal Board, subject to the following conditions. 1) That all tax and utility accounts related to the subject property be paid in full prior to Council giving three readings of the zone change by-law. 2) The owner acknowledges that Condition 1 is to be satisfied no later than seven months after Council having approved by resolution Zone Change ZC 01/10/Z/TMW. In the event this resolution is not fulfilled within the seven- month period, Council shall consider rescinding the zone change approval. 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. That the "Grand River South Community Plan" be revised as follows: 1) That Schedule 1 - Land Use Plan be revised to redesignate the lands shown on the attached map from "Low Density Multiple" with a temporary storm water management area to a permanent storm water management area. It is the opinion of this Committee that approval of this revision to the Community Plan is proper planning for the City. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act, R.S.O. 1990, c.P. 13, as amended, and delegation By-law 97-061 of the Regional Municipality of Waterloo, hereby recommends to the Ontario Municipal Board, a modification to the draft approval for Plan of Subdivision Application 30T-97015, for Lyndale Estates Ltd., as follows (asterisk indicates revised conditions and italics indicates revision): That this approval applies to Plan of Subdivision 30T-97015 for Lyndale Estates Ltd. as shown on the plan prepared by Green Scheels Pidgeon Planning Consultants Limited, dated June 24, 2002 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener, dated June 24, 2002, which shows the following: Stage One - maximum 227 units Lots 1-182 - single detached residential DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 18. DTS-02-122 - 125 - CITY OF KITCHENER Block 183 Block 184 Block 185 Blocks 186, 187 Block 188 Blocks 189-194 - street townhouses - neighbourhood park - permanent storm water management area - walkways - road widening - 0.3 metre reserves LANDS AT THE NORTHWEST CORNER OF ZELLER WOOLNER DRIVE REVISION TO GRAND RIVER SOUTH COMMUNITY PLAN MODIFICATION TO SUBDIVISION 30T-97015 ZONE CHANGE APPLICATION ZC 01/10/Z/TMW LYNDALE ESTATES LIMITED CHICOPEE-GRAND RIVER WARD (CONT'D) DRIVE & Stage Two Lots 1-44 Blocks 45, 48 ]maximum 45 units - single detached residential - walkways Stage Three Lots1-54 Blocks 55, 56 Block 57 Block 58 - maximum 54 units - single detached residential - future development - storm drainage - 0.3 m reserve Stage Four Lots1-54 Block 55 Block 56 Blocks 57-59 Block 60 - maximum 54 units - single detached residential - school - walkway - 0.3 m reserves - road widening Stage Five Lots 1-38 Block 39, 40 Block 41 - maximum 38 units - single detached residential - road widenings - future development/proposed road allowance Stage Six Blocks 1-8 Block 9 Block 10 - maximum 73 units - residential - service corridor/walkway - road widening Stage Seven Blocks 1,2 Block 3 - maximum 32 units - residential - 0.3 metre reserve CITY OF KITCHENER CONDITIONS That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions be contained therein: The Subdivider covenants and agrees: That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated June 24, 2002, provided that plans showing lotting within any residential block shall be permitted in accordance with Section 62, and/or minor changes to said plan, acceptable to the City's Director of Planning and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 126 - CITY OF KITCHENER *52. To prepare a Lot Grading Control Plan to the satisfaction of the City's Director of Enginee#ng in consultation with the City's General Manager of Community Services, and the Grand River Conservation Authority, prior to any grading or construction on site and prior to registration of the Plan. 18. DTS-02-122 LANDS AT THE NORTHWEST CORNER OF ZELLER WOOLNER DRIVE REVISION TO GRAND RIVER SOUTH COMMUNITY PLAN MODIFICATION TO SUBDIVISION 30T-97015 ZONE CHANGE APPLICATION ZC 01/10/Z/TMW LYNDALE ESTATES LIMITED CHICOPEE-GRAND RIVER WARD (CONT'D) DRIVE & *53. To prepare a detailed engineering design for storm water management in accordance with the approved concept plan and with the Idlewood Creek Master Drainage Plan as a guiding document for any lands draining to Idlewood Creek, to the satisfaction of the City's Director of Enginee#ng in consultation with the City's General Manager of Community Services, the City's Director of Planning, the Region's Commissioner of Planning, Housing and Community Services and the Grand River Conservation Authority, prior to any grading or construction on the site and prior to the registration of the plan. The detailed storm water management design is to also identify lands where at source infiltration should be considered. Said design shall also include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on site throughout all phases of grading and construction. The erosion and siltation control plan is to have particular regard to the protection of the Idlewood Creek Valley and ESPA No. 25. The Subdivider further agrees to implement all required measures as outlined in the approved final design prior to commencement of grading. 54. That prior to any grading or construction, and 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 Subdivider. *55. That in consideration of the wooded character of portions of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, to comply with the following process to develop the subdivision in accordance with the City's approved Tree Management Policy: a) prior to the City releasing the Subdivision Plan for registration, the Subdivider shall submit a Detailed Vegetation Plan for the approval of the City's Director of Planning; b) that no area/rough grading shall occur on the lands until such time as all approved measures for protection of isolated trees, tree clusters and woodlands affected by such grading have been satisfactorily implemented and inspected by the City, and the Subdivider has received a written authorization from the City's Director of Enginee#ng to proceed with said grading; c) a tree preservation/enhancement plan will be required prior to applying for or having issued any building permits for those lots or blocks which are subject to site plan approval under Section 41 of the Planning Act, corner lots where site service locations and building type have not been predetermined, interior lots having street DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 18. DTS-02-122 - 127 - CITY OF KITCHENER frontage greater than 13.7 metres, proposed buildings that are located deeper on the lot than as approved on the Detailed Vegetation Plan and on which the revised grading will have an adverse effect on the Detailed Vegetation Plan as determined by the City's Director of Planning; d) LANDS AT THE NORTHWEST CORNER OF ZELLER WOOLNER DRIVE REVISION TO GRAND RIVER SOUTH COMMUNITY PLAN MODIFICATION TO SUBDIVISION 30T-97015 ZONE CHANGE APPLICATION ZC 01/10/Z/TMW LYNDALE ESTATES LIMITED CHICOPEE-GRAND RIVER WARD (CONT'D) to implement and be responsible for providing all information contained in the approved Detailed Vegetation Plan and Tree DRIVE & Preservation/Enhancement Plan (if applicable) to all of its heirs, executors, administrators, successors and assigns in order to ensure that the requirements outlined in said plan(s) are carried out as specified; and e) where a tree suffers minor damage due to construction, the Subdivider shall implement remedial measures such as trimming, dressing or bark doctoring at its cost and as directed by the Environmental Consultant. Where a tree suffers major irreparable damage, or is judged to be unsafe, in the opinion of the Subdivider's Environmental Consultant or the City Director of Planning, the Subdivider shall remove and replace each such tree with at least one tree of equal value based on the tree value formula as set out in "Guide for Plant Appraisal" of the International Society of Arboriculture, latest edition. Tree replacements shall be on the same lot or block as the tree requiring removal or at a location requiring enhancement within the subdivision. Furthermore, such remedial measure or tree replacements shall be approved, and implemented to the satisfaction of the City's Director of Planning prior to occupancy of the units or, due to weather conditions, by the next planting season. 56. To obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 149, R.R.©. 1990, as amended, for any filling, grading or proposed structures, including roads, storm water management facilities and/or outlets located within a wetland. Such permit shall be obtained prior to on-site grading, the installation of services and prior to registration of the Subdivision Plan. *57. Notwithstanding any bonding arrangements, no building permit shall be applied for or issued for a dwelling on any lands within the plan until the sanitary pumping station, forcemain and related appurtenances are constructed and operational to the satisfaction of the City's Director of Enginee#ng, and have been accepted by the City. Provided however, that conditional building permits may be issued if the sanitary pumping station is substantially complete to the satisfaction of the City's Director of Enginee#ng, in which case no occupancy of any dwelling shall be permitted prior to acceptance of said works. *58. That prior to construction or registration of any stage of the plan, the Subdivider shall make arrangements for any additional land required for the proposed pumping station to be conveyed at no cost and free of encumbrance to the City, together with the granting of any required easements, to the satisfaction of the City's Director of Enginee#ng. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 128 - CITY OF KITCHENER 18. DTS-02-122 *59. That the sanitary pumping station, forcemain and related appurtenances and bike lanes, shall be completed to the satisfaction of the City's Director of Enginee#ng. It is acknowledged that these works, including design expenses, are included in the City's Development Charge By-law 99-106, as amended, and the City shall be responsible for 100% of the cost of these works. LANDS AT THE NORTHWEST CORNER OF ZELLER WOOLNER DRIVE REVISION TO GRAND RIVER SOUTH COMMUNITY PLAN MODIFICATION TO SUBDIVISION 30T-97015 ZONE CHANGE APPLICATION ZC 01/10/Z/TMW LYNDALE ESTATES LIMITED CHICOPEE-GRAND RIVER WARD (CONT'D) DRIVE & ~'sufficient money is not allocated from the appropriate City Development Charge Account(s) to permit the City to fund these works and the Subdivider wishes to proceed, the Subdivider agrees to provide and up-front the cost of these works. Accordingly, the City agrees to recognize any monies paid by the Subdivider for any works or services normally paid out of the City's Development Charge Account, with such monies representing a credit towards any City Development Charge payable for each lot or block only within the registered plan. Said credit shall be granted for the Development Charge payable prior to the issuance of building permits for those lots or blocks identified by the Subdivider and included in a Supplementary Agreement with the City to be registered against the title of each identified lot or block. If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for which credits are payable shall be registered for each stage prior to the registration of each stage of the plan of subdivision, until there is no outstanding balance remaining. When no outstanding credit balance remains, then the Development Charges will be paid in the normal manner in accordance with the City's By- law. If, following the registration of the entire plan of subdivision and issuance of all building permits, there is any outstanding balance, it shall remain with the lands to be used as a credit for future development, or alternatively, the City shall enter into an agreement with the Subdivider, under Section 40 of the Development Charges Act, to enable the transfer of Development Charge credits to other benefiting lands within the community, subject to satisfactory arrangements being made between all parties. *60. That the street names within the Plan of Subdivision shaft be those as shown on the draft plan. '61 That construction traffic to and from Stages I to 4 in shaft be rest#cted to using Pebblecreek Ddve to Fairway Road to Lackner Boulevard and that construction traffic to and from Stages 5 to 7 inclusive shall be restricted to using Zefter Ddve to Woolner Drive~Fairway Road to Lackner Boulevard. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement, with the Subdivider being responsible for any signage, if required, all to the satisfaction of the City's Director of Traffic and Parking. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 *62. - 129 - CITY OF KITCHENER That, within Stages 6 and 7, the final plan for registration shall show all lots intended for development as single detached, semi-detached or duplex dwellings, and Supplementary Agreement, identifying all lots by reference to each affected block as shown on the attached Plan of Subdivision dated June 24, 2002, shall be registered for each stage prior to the registration of each stage of the plan of subdivision. This condition shall not apply in the event that the plan is to be registered prior to approval of servicing plans. 18. DTS-02-122 LANDS AT THE NORTHWEST CORNER OF ZELLER WOOLNER DRIVE REVISION TO GRAND RIVER SOUTH COMMUNITY PLAN MODIFICATION TO SUBDIVISION 30T-97015 ZONE CHANGE APPLICATION ZC 01/10/Z/TMW LYNDALE ESTATES LIMITED CHICOPEE-GRAND RIVER WARD (CONT'D) DRIVE & That prior to the installation of services for the development of Iotless blocks, to submit a draft reference plan for each such lot or block, and obtain approval of the draft reference plan from the City's Director of Planning, the City's Director of Enginee#ng and the Regional Commissioner of Transportation and Environmental Services. *64 For the division of any lots or blocks by Part Lot Control, The Subdivider agrees as follows: i) to submit a draft reference plan for each lot or block, showing all required maintenance easements and eave encroachments if the lots or blocks are proposed for zero sideyard housing and obtain approval of the draft reference plan from the City's Director of Planning, Director of Enginee#ng and the Commission's Engineer; ii) to pay all current outstanding taxes prior to the submission of a Part Lot Control Exemption By-law to the City's Council; iii) that the draft reference plan approved above shall be deposited in accordance with the Land Titles Act and three copies submitted to the City's Director of Planning; iv) to receive final approval of a Part Lot Control Exemption By-law; v) that no building permits shall be issued until the above steps are completed and the lots and blocks are in compliance with the approved reference plan and the approved servicing and grading plans; vi) that any further division of lands to create additional building parcels shall require the submission of subsequent reference plans to be approved in accordance with steps i), ii), iii) and iv) above. vii) that notwithstanding step v) above, in the event that only one dwelling is to be constructed on a block in advance of final approval of a Part Lot Control Exemption By-law, in order to ensure that the proper and orderly ultimate development of the block is not compromised, the Subdivider agrees that prior to the issuance of any building permits: a) to submit a draft reference plan for each block, showing all required maintenance easements and eave encroachments if the lots or blocks are proposed for zero sideyard housing, and obtain approval of the draft reference plan from the City's DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 18. DTS-02-122 - 130 - CITY OF KITCHENER Director of Planning, the City's Director of Enginee#ng and the Regional Commissioner of Transportation and Environmental Services; and b) LANDS AT THE NORTHWEST CORNER OF ZELLER WOOLNER DRIVE REVISION TO GRAND RIVER SOUTH COMMUNITY PLAN MODIFICATION TO SUBDIVISION 30T-97015 ZONE CHANGE APPLICATION ZC 01/10/Z/TMW LYNDALE ESTATES LIMITED CHICOPEE-GRAND RIVER WARD (CONT'D) to obtain approval of lotting plans for each lot or block illustrating lotting, service connections, street utility hardware and proposed grades, together with building envelopes and driveway locations where required, in conformity with the approved draft reference plan as set out above, from the DRIVE & City's Director of Building/Chief Building Official. 65. That prior to the issuance of any building permits within the plan, and as soon as possible following the placement of the first course of asphalt on a road, to erect temporary street name signs and emergency access signs, in the subdivision, all at the cost of the Subdivider and to the satisfaction of the City's Chief Fire Prevention Officer. 66. To install sidewalks on both sides of all streets within the plan. *67. Deleted. *68. To restore with a tar and chip surface, any portion of Zeller Drive to the south of the subdivision and any portion of existing Woolner Drive east of Pebblecreek D#ve, that may be disturbed as a result of the construction of services, all to the satisfaction of the City's Director of Enginee#ng as part of the development of the plan. *69. In the event that services are constructed on the road allowance of Fairway Road immediately east of Lackner Boulevard, prior to the Region securing the physical and financial resources to extend Fairway Road from Lackner Boulevard to Pebblecreek D#ve of Plan 30T-97015, the Subdivider agrees to construct Fairway Road as a two lane road from Lackner Boulevard to a point approximately 258 metres east of Lackner Boulevard and to upgrade Woolner Drive as a two lane road from that point east to Pebblecreek D#ve. Said road shall be designed and constructed by the Subdivider to the satisfaction of the City's Director of Enginee#ng, as part of the development of Stage 1 of the plan. *70. That in addition to the standard subdivision sign content, the required subdivision sign(s) shall include the following information: 1) Approved NEF noise contour and planning contour information. 2) A warning clause for all lands within the plan to read as follows: "Residential dwellings in this area will be fitted with a forced air- directed heating system and ducting, suitably sized and designed to permit the future installation of a central air conditioning system by the occupant(s). Installation of central air conditioning by the occupant(s) will allow windows and exterior doors to remain closed, thereby ensuring that indoor sound levels are within the Municipality's and the Ministry of the Environment's noise criteria. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 18. DTS-02-122 - 131 - CITY OF KITCHENER Despite these measures, prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that noise from aircraft using this flight path may cause concern to some individuals." A warning clause, as determined by the Regional Municipality of Waterloo, for all lands within the plan to warn that new directional lighting that is proposed to be installed on the west side of the Grand LANDS AT THE NORTHWEST CORNER OF ZELLER WOOLNER DRIVE REVISION TO GRAND RIVER SOUTH COMMUNITY PLAN MODIFICATION TO SUBDIVISION 30T-97015 ZONE CHANGE APPLICATION ZC 01/10/Z/TMW LYNDALE ESTATES LIMITED CHICOPEE-GRAND RIVER WARD (CONT'D) DRIVE & River for the Waterloo Regional Airport may cause concern to some individuals. 71. To include the following warning clause in all Offers to Purchase and Sale Agreements, and/or rental agreements for all residential lots and blocks within this plan. "WARNING CLAUSE This dwelling unit has been fitted with a forced air-directed heating system and ducting suitably sized and designed to permit the future installation of a central air conditioning system by the occupant(s). Installation of central air conditioning by the occupant(s) will allow windows and exterior doors to remain closed, with the intent to ensure that the indoor sound levels are within the Municipality's and the Ministry of the Environment's noise criteria. Despite these measures, prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that noise from aircraft using this flight path may cause concern to some individuals." 72. That subdivision agreement section 71. shall not be released from title. *73. That each residential dwelling unit within this plan shall be fitted with a forced air - directed heating system and ducting suitably sized and designed to permit the future installation of a central air conditioning system by the occupant(s). Further, that as a condition of the issuance of building permits for each lot and block within this plan except for Lots 16-37 inclusive of Stage 3, a qualified Professional Engineer shall provide his professional opinion confirming the building components including windows, doors, walls and ceiling/roof have been designed to achieve the indoor sound level criteria of the Ministry of the Environment and Energy ("MOEE") in its publication: "Noise Assessment Criteria and Land Use Planning", LU- 131 or any successor document in place at the time of the issuance of building permit(s). For the purposes of this condition, the term "qualified Professional Engineer" means a Professional Engineer registered in the Province of Ontario who specializes in acoustics. As part of the final "as built" inspection the qualified Professional Engineer shall carry out a construction review to confirm to the City that the "as built" construction conforms to the approved building permit plans and in particular, the building components required to achieve the indoor sound level criteria. 74. That at the time of registration of any stage of the plan to erect at each main DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 132 - CITY OF KITCHENER entrance to the community, a permanent noise warning sign with the content to read as follows: "Prospective purchasers and tenants are advised that noise emanating from one of the flight paths leading into and out of the Waterloo Regional Airport, an airport which is in proximity to all lots and blocks on the east side of Lackner Boulevard, may cause concern to some individuals and may interfere with some activities of the dwelling occupants." 18. DTS-02-122 LANDS AT THE NORTHWEST CORNER OF ZELLER WOOLNER DRIVE REVISION TO GRAND RIVER SOUTH COMMUNITY PLAN MODIFICATION TO SUBDIVISION 30T-97015 ZONE CHANGE APPLICATION ZC 01/10/Z/TMW LYNDALE ESTATES LIMITED CHICOPEE-GRAND RIVER WARD (CONT'D) DRIVE & ~'he size and location of the sign(s) shall be approved by the City's Director of Planning. *75. That the subdivision shall be registered in seven stages with; Stage 1 consisting of Lots I to 182inclusive and BIocks 183 to 194 inclusive, Stage 2 consisting of Lots I to 44 inclusive and Blocks 45 and 46, Stage 3 consisting of Lots I to 54 inclusive and Blocks 55 to 58 inclusive Stage 4 consisting of Lots I to 54 inclusive and Blocks 55 to 60 inclusive Stage 5 consisting of Lots I to 38 inclusive and Blocks 39 to 41 inclusive Stage 6 consisting of Blocks I to 10 inclusive, Stage 7 consisting of Blocks I to 3 inclusive, Further, the Subdivider agrees that the Plan of Subdivision shall be registered in accordance with the following special conditions: Stage 1 shall be registered first. Stage 2 shall be registered concurrently with Stage 1. Stage 3 shall be registered concurrently with or subsequent to Stage 1. Stage 4 shall be registered concurrently with or subsequent to Stage 1. Stage 5 shall be registered concurrently with or subsequent to Stage 4. The Subdivider agrees to upgrade Zeller Ddve to full municipal standards from Woolner Road to the northerly limit of the plan, save and except sidewalk and boulevard trees on the east side of the street, and to upgrade Woolner Road as a two lane road from Pebblecreek Ddve to Zeller Ddve all to the satisfaction of the Director of Engineering as part of the development of Stage 5. The upgrading of Zeller Ddve should incorporate the required re- alignment at its intersection with the future extension of Fairway Road. Stage 6 shall be registered concurrently with or subsequent to Stages 4 and 5 of this plan and concurrently with or subsequent to Stage I of Subdivision 30T-97012. Stage 7 shall be registered concurrently with or subsequent to Stages 4 and 5 of this plan and concurrently with or subsequent to Stage 4 of Subdivision 30T-97012. 76. To dedicate, by plan registration, to the City of Kitchener, at no cost and free of encumbrances, all road widenings and public walkways upon DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 *77. - 133 - CITY OF KITCHENER registration of each stage of the plan of subdivision. To convey to the City the following lands for the purposes stated therein, at no cost and free of encumbrances, concurrently with the registration of each stage of the subdivision plan: Stage One: (a) Block 184, for park purposes; (b) Block 185, for storm water management purposes; and (c) Blocks 189-194 inclusive, for 0.3 metre reserves. 18. DTS-02-122 LANDS AT THE NORTHWEST CORNER OF ZELLER WOOLNER DRIVE REVISION TO GRAND RIVER SOUTH COMMUNITY PLAN MODIFICATION TO SUBDIVISION 30T-97015 ZONE CHANGE APPLICATION ZC 01/10/Z/TMW LYNDALE ESTATES LIMITED CHICOPEE-GRAND RIVER WARD (CONT'D) Stage Three: (a) Block 58, for a 0.3 metre reserve. DRIVE & Stage Four: (a) Blocks 57-59 inclusive, for 0.3 metre reserves. Stage Six: (a) Block 58, for storm drainage purposes. Stage Seven: (a) Block 3, for a 0.3 metre reserve. *78 That 0.3 metre reserves may be required to facilitate the staging of the plan and all 0.3 metre reserves shall be shown on the final plan(s) for registration. The City Solicitor, upon notification by the Subdivider, shall arrange for a by-law to be presented to Council for opening said reserves as "public highway" following the registration of subsequent stages of the plan, the completion of the road works and the opening of roads to vehicular traffic, to the satisfaction of the City's Director of Enginee#ng. Reserves are not required between abutting stages registered concurrently. *79. That the 5% parkland dedication as required under the Planning Act, based on the entire Plan of Subdivision being 35.58 hectares, shall be 1.779 hectares. This shall be satisfied by both the conveyance of Block 184 of Stage I (1.12 hectares) to the City, at no cost and free of encumbrance, concurrently with the registration of Stage 1, as well as a cash-in-lieu of parkland contribution for 50% of the remainder, equivalent to the value of 0.329 hectares of land. The value of the cash contribution shall be determined by the City's appraiser as of the day before the day of draft approval of the plan, payable to the City prior to the City's release of the last stage for registration. The other 50% of the remainder shall be satisfied by the conveyance to the City, at no cost and free of encumbrance, concurrently with the registration of Stage 1, of that portion of ESPA No. 25 which is owned by the Subdivider and is adjacent to this plan. *80. To identify concrete transit pads at all planned transit stop locations on the engineering servicing drawings to the satisfaction of the City's Director of Enginee#ng, in consultation with the Regional Municipality of Waterloo, prior to the City's release of each stage of the Plan of Subdivision for registration. The Subdivider shall be responsible for the installation of said DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 '81. - 134 - CITY OF KITCHENER concrete transit pads at the time of sidewalk installation within each stage of the plan of subdivision. That prior to registration of any stage, it is the Subdivider's responsibility to secure on behalf of the City the physical and financial resources necessary to provide eastbound and westbound left turn lanes plus combination through right lanes for ©ldfield Drive and Zeller Drive where these roads intersect with Lackner Boulevard. These road improvements will be built by the Subdivider to the satisfaction of the City's Director of Enginee#ng, and operational prior to occupancy of any dwelling in any stage. 18. DTS-02-122 LANDS AT THE NORTHWEST CORNER OF ZELLER WOOLNER DRIVE REVISION TO GRAND RIVER SOUTH COMMUNITY PLAN MODIFICATION TO SUBDIVISION 30T-97015 ZONE CHANGE APPLICATION ZC 01/10/Z/TMW LYNDALE ESTATES LIMITED CHICOPEE-GRAND RIVER WARD (CONT'D) DRIVE & *82. ~'o submit a micro-drainage study, lotting and servicing plans for Stage 4 for the approval of the City's Director of Enginee#ng in consultation with the City's Director of Planning, and the Region's Commissioner of Planning, Housing and Community Services, prior to any grading or construction within the limits of Stage 4 and prior to the registration of Stage 4 as identified in the Environmental Impact Assessment prepared by Ecoplans Limited and dated November, 1999. The objectives of the micro-drainage study are to maintain pre-development surface runoff volumes relative to the adjacent ESPA's and Wetlands W-6b, W-6c and W-6d as identified in the Environmental Implementation Report prepared by Ecoplans Limited and dated November, 1999, and to determine appropriate basement elevations. Terms of reference for the micro-drainage study shall be approved by the City's Director of Enginee#ng. *83. That the servicing design of Stage 4 shall be approved by the City's Director of Enginee#ng in consultation with the City's Director of Planning and the Region's Commissioner of Planning, Housing and Community Services and shall be consistent with the recommendations of the Environmental Impact Assessment prepared by Ecoplans Limited and dated November, 1999. 84. That construction vehicle storage and maintenance sites and fuel storage areas be shown on the detailed vegetation plan to the satisfaction of the City's Director of Planning, and that during construction, monitoring by the Subdivider shall include regular inspections of the areas upgradient of the Idlewood Creek Valley for fuel storage and oiling/greasing of machinery to ensure the protection of downgradient water quality. *85. That, prior to registration of Stage 4 and commencement of grading, the Subdivider shall prepare a planting and site rehabilitation plan for the buffer areas relative to Wetlands W-6b and W-6d and other ESPA buffer areas, as identified in the Environmental Impact Assessment prepared by Ecoplans Limited and dated November 1999, to the satisfaction of the City's General Manager of Community Services in consultation with the City's Director of Planning and Region's Commissioner of Planning, Housing and Community Services. The Subdivider further agrees to implement the approved plan prior to occupancy of any dwelling units within Stage 4. *86. To install to the satisfaction of the City's General Manager of Community DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 135 - CITY OF KITCHENER Services paige wire fencing or an alternative marking system as a boundary identification system along the lot lines which abut ESPA 25 and Idlewood Creek, prior to occupancy of adjacent dwellings. The Subdivider further agrees to include a statement advising of the marking system requirement in all Offers to Purchase and Agreements of Purchase and Sale for the lots/blocks affected by this Section. This fencing may substitute for any fencing required by section 55. 18. DTS-02-122 *87. To fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod Block 184 of Stage 1 to the satisfaction of the City's General Manager of Community Services. All works required of the Subdivider by this Section shall be completed in conjunction with the timing of grading of surrounding residential development not to exceed two years from the registration of the subdivision plan or at any alternate time approved in writing by the City's General Manager of Community Services. LANDS AT THE NORTHWEST CORNER OF ZELLER DRIVE & WOOLNER DRIVE REVISION TO GRAND RIVER SOUTH COMMUNITY PLAN MODIFICATION TO SUBDIVISION 30T-97015 ZONE CHANGE APPLICATION ZC 01/10/Z/TMW LYNDALE ESTATES LIMITED CHICOPEE-GRAND RIVER WARD (CONT'D) *88. That no building permits will be issued for Lots 19 to 22 inclusive of Stage 4, Lot I of Stage 5, Lots I to 4 inclusive of Stage 2, Lots 103 and 104 of Stage 1, Block 183 of Stage 1, Lots 167 to 182 inclusive of Stage 1, Block 2, 7, 8 of Stage 6, until berms and shielding have been constructed in accordance with the Woolner Pit Noise Impact Analysis prepared by Aercoustics Engineering Limited and dated January 3, 2000. Further, that as a condition of the issuance of building permits for the affected blocks, a qualified Professional Engineer shall provide his professional opinion confirming that the required berms and shielding have been constructed in accordance with the specified requirements. For the purposes of this condition, the term "qualified Professional Engineer" means a Professional Engineer registered in the Province of Ontario who specializes in acoustics. *89. That no building permits will be issued for Lots 2 to 38 inclusive of Stage 5, Lots 5 to 44inclusive of Stage 2, Block 183 of Stage 1, Blocks 1, 7and 8 of Stage 6, until berms and shielding have been constructed in accordance with the Woolner Pit Noise Impact Analysis prepared by Aercoustics Engineering Limited and dated January 3, 2000 and there is a minimum distance separation of 220 metres between the final limit(s) of active extraction and residential lot lines. Further, that as a condition of the issuance of building permits for the affected blocks, a qualified Professional Engineer shall provide his professional opinion confirming that the required berms and shielding have been constructed in accordance with the specified requirements and Rockway Holdings Limited or its successor has confirmed in writing to the City that the required distance separation has been achieved. For the purposes of this condition, the term "qualified Professional Engineer" means a Professional Engineer registered in the Province of Ontario who specializes in acoustics. *90. To include the following warning clause in all Offers to Purchase and Agreements of Purchase and Sale and/or rental agreements for all residential lots within Stages 1, 2, 4, 5, 6 and 7: "WARNING CLAUSE Prospective purchasers and tenants are advised that there is an active licensed gravel pit (License No. 5623) in proximity to all lots and blocks in DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 18. DTS-02-122 - 136 - CITY OF KITCHENER this subdivision. Noise levels from the active gravel pit operations and the haulage route located on Woolner Drive (future Fairway Road) may cause concern to some individuals." '91. That it is intended that Blocks 55 and 56 of Stage 3 are to be consolidated with and held in identical ownership as adjacent lands to the west. In the event that consolidation does not occur with the adjacent lands to the west, then Block 55 may be consolidated with Lot 7, Stage 3, Lots 10-14, Stage 1, and/or Lots 5 and 6 of Stage 3, and Block 56, Stage 3, and Block 56 may be consolidated with Lot 6 of Stage 3. *92. To construct a temporary turning circle to City standards on Lots 4 to 6 inclusive and Block 56 of Stage 3. Said turning circle shall be designed, constructed and ultimately removed to the satisfaction of the City's Director of Engineering. At such time as Landgren Court is extended onto adjacent lands to the west, the City Solicitor, upon notification by the Subdivider, LANDS AT THE NORTHWEST CORNER OF ZELLER DRIVE & WOOLNER DRIVE REVISION TO GRAND RIVER SOUTH COMMUNITY PLAN MODIFICATION TO SUBDIVISION 30T-97015 ZONE CHANGE APPLICATION ZC 01/10/Z/TMW LYNDALE ESTATES LIMITED CHICOPEE-GRAND RIVER WARD (CONT'D) ~-hall arrange for a by-law to be presented to Council for the opening of the 0.3 metre reserve, the Subdivider shall remove the turning circle and building permits will be available for Lots 4 to 6 inclusive and Block 56 of Stage 3. *93. Deleted. *94. That Block 41, Stage 5 be conveyed to the City for potential road allowance purposes. Following completion of the Class Environmental Assessment and Functional Design Study for the extension of Fairway Road (Regional Road 53) from Zeller Drive to the Grand River, and the approval of the design for the Zeller Drive / Fairway Road intersection, the City acknowledges that any residual lands contained in Block 41, Stage 5 that are not required for the approved Fairway Road alignment and its intersection with Zeller Drive will be surplus to the City's needs and the City agrees to reconvey, without cost, to the Subdivider any residual lands which are to be consolidated by the Subdivider with Block 185 of Stage 1. *95. That Block 55 of Stage 4 be reserved for the Waterloo Catholic District School Board. The Subdivider agrees to obtain a letter from the said School Board indicating that a satisfactory agreement has been entered into with respect to the acquisition of Block 55 of Stage 4 for school purposes, to be submitted to the City's Director of Planning, prior to the City's release of Stage 4 of the Plan of Subdivision for registration. 96. That no sewer or water service will be installed within 1.5 metres of the centre of a proposed submersible transformer vault or within 0.9 metres of a proposed electrical service stub and that no fire hydrant will be installed within 3.0 metres of a proposed street light pole or hydro pole. The Subdivider shall review the Commission's engineering drawings to co- ordinate the locations of these utilities and shall be responsible for ensuring that these separations are maintained. *97. That a plan showing driveway locations for all lots shall be approved by the City's Director of Planning in consultation with the City's Director of Engineering prior to the installation of services. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 137 - CITY OF KITCHENER 18. DTS-02-122 *98. To construct at the Subdivider's cost a temporary access road from Colton Circle to Zeller Ddve as generally outlined on the draft plan as part of the development of Stages I and 2. Said temporary road shall be constructed to City standards, save and except for a concrete sidewalk. The temporary access road shall be completed and open to vehicular traffic to the satisfaction of the City's Director of Engineering pdor to the issuance of any building permits in Stages I and 2. The Subdivider further agrees to provide an easement to the City for the lands on which the proposed temporary road shall be located. The appropriate easement shall be granted to the City pdor to the registration of the Plan of Subdivision. The City agrees to quit claim the easement after completion of the road works for Pebblecreek Ddve in Stage 4. *99. That Landgren Court shall be constructed, at the Subdivider's cost, through Stage 3 to the westerly limit of the plan and opened to public vehicular LANDS AT THE NORTHWEST CORNER OF ZELLER DRIVE & WOOLNER DRIVE REVISION TO GRAND RIVER SOUTH COMMUNITY PLAN MODIFICATION TO SUBDIVISION 30T-97015 ZONE CHANGE APPLICATION ZC 01/10/Z/TMW LYNDALE ESTATES LIMITED CHICOPEE-GRAND RIVER WARD (CONT'D) ~affic immediately upon the request of the City if required to complete transportation links within the community, to the satisfaction of the City's Director of Engineering. The Subdivider agrees to provide an easement to the City for the lands on which Landgren Court, Stage 3, shall be located. The appropriate easement shall begranted to the City at the City's request and the City agrees to quit claim the easement upon the registration of Stage 3. *~00. To include water pressure reduction devices for each dwelling unit in the plan constructed below 315 MASL, and to include in the offers of purchase and rental agreements, a clause identifying the presence of the water pressure reduction devices and advising that they may not be removed by the owner/tenant. '101. To include a warning clause, as determined by the Regional Municipality of Waterloo, in all Offers to Purchase and Sale Agreements, and/or rental agreements for all residential lots and blocks within this plan to warn that new directional lighting that is proposed to be installed on the west side of the Grand River for the Watedoo Regional Airport may cause concern to some individuals. 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 enter into an agreement with the Regional Municipality of Waterloo for Lots I to 8 inclusive and Block 183, Stage I and Lots I to 3, inclusive, Stage 3, that the following clause be included in all offers to purchase and sale and rental agreements: "Due to its proximity to Fairway Road, projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 18. DTS-02-122 - 138 - CITY OF KITCHENER Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-directed heating system suitably sized to permit the future installation of a central air conditioning system by the occupant(s)." *2. Deleted. 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 LANDS AT THE NORTHWEST CORNER OF ZELLER DRIVE & WOOLNER DRIVE REVISION TO GRAND RIVER SOUTH COMMUNITY PLAN MODIFICATION TO SUBDIVISION 30T-97015 ZONE CHANGE APPLICATION ZC 01/10/Z/TMW LYNDALE ESTATES LIMITED CHICOPEE-GRAND RIVER WARD (CONT'D) ~vailable for this plan, or the portion of the plan to be registered. b) That the owner includes 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 fulfillment 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. a) That prior to final approval of Stages 1, 2, 3 or 4, the Region shall secure the physical and financial resources, in accordance with Regional Development Charge Policy, for an all way stop at Lackner Boulevard and Fairway Road as well as the extension of Fairway Road to Lackner to a point approximately 258 metres east of Lackner Boulevard as identified in the approved Traffic Impact Study prepared by Transtech dated February, 2000 and the improvements will be as identified in the completed Environmental Assessment for Fairway Road. b) If final approval of Stages 1, 2, 3, 4 or 6 occur after 2005, then the owner shall provide an update to the Traffic Impact Study to the satisfaction of the Regional Municipality of Waterloo. The Region shall secure the physical and financial resources for any improvements identified in the study update in accordance with the Regional Development Charge Policy. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 18. DTS-02-122 - 139 - CITY OF KITCHENER *5. That prior to the registration of any stage, the Region shall secure the physical and financial resources, in accordance with Regional Development Charge Policy for traffic control signals and turn lanes on Lackner Boulevard at Zeller Drive. The traffic control signals shall be installed by the Subdivider to the satisfaction of the Region's Commissioner of Transportation and Environmental Services, and operational prior to occupancy of any dwelling in any stage. That the owner enter into an agreement with the City of Kitchener in include water pressure reduction devices for each dwelling unit constructed below 315 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. OTHER AGENCY CONDITIONS 1. That prior to the commencement of any grading or construction on the site, and prior to registration of the plan, the owner shall submit the LANDS AT THE NORTHWEST CORNER OF ZELLER DRIVE & WOOLNER DRIVE REVISION TO GRAND RIVER SOUTH COMMUNITY PLAN MODIFICATION TO SUBDIVISION 30T-97015 ZONE CHANGE APPLICATION ZC 01/10/Z/TMW LYNDALE ESTATES LIMITED CHICOPEE-GRAND RIVER WARD (CONT'D) following plans and reports to the satisfaction and approval of the Grand River Conservation Authority: a) A detailed Storm Water Management Report and Plan in accordance with the approved Environmental Impact Assessment (Ecoplans - November 1999). b) A final Grading and Drainage Plan, and final Erosion and Sediment Control Plan in accordance with the Grand River Conservation Authority's guidelines for sediment and erosion control, and the grading limits as indicated in the Environmental Impact Assessment (Ecoplans - November 1999). c) A Fill, Construction and Alteration to Waterways permit application for any filling, grading or proposed structures, including roads, storm water management facilities and/or outlets located within the scheduled Fill Line or Regulatory Floodline for the Grand River and/or the Regulatory Floodline/Fill Line associated with Idlewood Creek. That the subdivision agreement between the owners and the City of Kitchener contain provisions for the completion of the works in accordance with the approved plans and reports noted in a) through c) above. CLEARANCE CONDITIONS '1. Deleted. *2. That prior to the signing of the final plan, the City's Director of Planning is to be advised that Conditions 3.1 to 3.6 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region to the City shall include a brief statement detailing how each condition has been satisfied. *3. That prior to the signing of the final plan, the City's Director of Planning is to DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 18. DTS-02-122 - 140 - CITY OF KITCHENER be advised that Conditions 4.1 and 4.2 have been carded out to the satisfaction of the Grand River Conservation Authority. The clearance letter from the Grand River Conservation Authority to the City shall include a brief statement detailing how each conditions has been satisfied. NOTES The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality of Waterloo adopted in accordance with the Development Charges Act (Bill 98) apply to this draft approval. The final plans for registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning Departments of any changes in ownership, agent, address and phone number. LANDS AT THE NORTHWEST CORNER OF ZELLER DRIVE & WOOLNER DRIVE REVISION TO GRAND RIVER SOUTH COMMUNITY PLAN MODIFICATION TO SUBDIVISION 30T-97015 ZONE CHANGE APPLICATION ZC 01/10/Z/TMW LYNDALE ESTATES LIMITED CHICOPEE-GRAND RIVER WARD (CONT'D) *4. ~ost of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a reference plan showing the lands to be registered that are affected by the agreement and the conditions to be covered by the agreement should be provided. The fees for the preparation and registration of this agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and $60.00 respectively. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-law 96-025, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. The proposed storm water 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 storm water 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. 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 18. DTS-02-122 - 141 - CITY OF KITCHENER for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.©. 1990, c. P.13, as amended by S.©. 1996, c.4 (Bill 20). '10. The owner/developer is advised that draft approval is not a commitment by the Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with the Regional Municipality of Waterloo by requesting that the Region's Commissioner of Planning, Housing and Community Services Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Transportation and Environmental Services to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for LANDS AT THE NORTHWEST CORNER OF ZELLER DRIVE & WOOLNER DRIVE REVISION TO GRAND RIVER SOUTH COMMUNITY PLAN MODIFICATION TO SUBDIVISION 30T-97015 ZONE CHANGE APPLICATION ZC 01/10/Z/TMW LYNDALE ESTATES LIMITED CHICOPEE-GRAND RIVER WARD (CONT'D) ~'ervicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. '11. To ensure that a Regional Release is issued by the Regional Commissioner of Planning, Housing and Community Services to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year-end where the owner has failed to submit the appropriate documentation by this date. '12. When the survey has been completed and the final plan prepared, to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the City's Director of Planning will endorse the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One (1) original mylar Four (4) mylar copies Four (4) white paper prints It is the opinion of this Committee that approval of these Modifications to the Plan of Subdivision is proper planning for the City." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 142 - CITY OF KITCHENER 19. STORMWATER MANAGEMENT POND SITE ADJACENT TO REGIONAL WELL K36 RETROFITTING AT KILKERRAN CRESCENT 19. SITE 20. Councillor M. Galloway requested that the issue of retrofitting of the stormwater management pond behind Kilkerran Crescent and adjacent to Regional Well K36 be added to the agenda for discussion. He noted that residents were concerned about the condition, safety and health hazard of the pond and were questioning when retrofit of the pond would take place. Mr. D. Mansell distributed as copy of Council's new pond and retrofit pond prioritization from the City's stormwater management policy and pointed out that the pond behind Kilkerran Crescent had a priority 10 (last on the list). He also distributed a map illustrating the area of the pond and adjacent properties, noting that the pond was completed as a quantity pond in the 1980%. It was the intent that the pond would flood after a 5 year storm but dry out in 24 hours. He commented on engineering details relative to adding quality control to the quantity control and the required process to undertake retrofitting of the pond. Mr. Mansell acknowledged that the work the Region was doing on Well K36 did not impact the stormwater management pond. He suggested that to address the current problems staff be directed to clean up the pond and restore it to its STORMWATER MANAGEMENT POND RETROFITTING AT KILKERRAN CRESCENT ADJACENT TO REGIONAL WELL K36 (CONT'D) intended state, as priority 10 retrofitting was at least 6 - 10 years away. Ms. Della Goetz attended along with other residents regarding this matter and advised that the Region of Waterloo was willing to undertake the clean-up immediately at its cost in conjunction with work on Regional Well K36. She noted that it was intended the pond be a dry pond but that it was always wet and circulated a map and photographs in this regard. Mr. G. Stewart advised that City Operations staff would contact the Region on June 25th to confirm the making of the arrangements regarding the Regions clean-up offer. Mr. Mansell commented that there would always be some moving water in the pond area given that sump- pumps in adjacent homes were constantly draining to the pond. Further Mr. Mansell commented that City staff would undertake the clean-up if the Region did not. Ms. Muriel Davidson also attended and indicated support for what has been proposed. On motion by Councillor M. Galloway - it was resolved: "That City staff consult with Regional staff to conclude the issue of restoration of an existing stormwater management pond to its intended function at Kilkerran Crescent, adjacent to Regional Well K36." DTS-02-150 CHARLES & BENTON STREETS PARKING GARAGE STRUCTURE UPDATE The Committee was in receipt of Development and Technical Services Department report DTS- 02-150 dated June 21, 2002 providing an update on cost estimates for the Charles and Benton Parking Garage. In this regard a list of the project costs was provided along with the costs of design options for the Committee's consideration. The recommendation in the staff report requests that the Committee identify which design options they wish included in the parking garage and authorize tendering of the project. It was noted in the report that currently $8 M. was budgeted for the project and that the cost estimate inclusive of all design options totalled $10.1 M. Mr. J. McBride commented that the original estimate for the project was developed based on a plan for a basic design. He highlighted aspects of the staff report including the negotiations for DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 - 143 - CITY OF KITCHENER the Walper Hotel to purchase between 20 and 30 parking spaces, possible elimination of one floor of the garage to reduce the cost of the structure and the option for cashier controlled or pay on foot revenue control. He then reviewed the project costs and the operating costs listed in the report. Mayor C. Zehr commented that when City Council considers the matter it must have full costing provided before making a decision. He further questioned if there was a possibility that a better return on the City's investment could be achieved for the retail component of the parking garage structure. Mr. G. Stewart acknowledged that in the past staff could have done a better job of estimating costs for capital works and pointed out that it was their intent to use this project as a learning experience to apply to future projects. Mr. J. McBride pointed out that retail tenants would be responsible for leasehold improvements and for that reason attractive rents were proposed at the beginning of occupancy. Mayor C. Zehr further questioned the debt costs and revenue projections and the split in that regard as to impact on the City's tax levy. He asked for such information to be provided for Council's July 2, 2002 meeting. Ms. P. Houston indicated that staff could summarize previous information in this regard for the Council meeting. Mayor Zehr also requested that staff ensure that full disclosure is provided as to all costs relating to the project. 20. DTS-02-150 CHARLES & BENTON STREETS PARKING GARAGE STRUCTURE UPDATE(CONT'D) On motion by Mayor C. Zehr - it was resolved: "That a decision with respect to Development and Technical Services Department report DTS-02-150 (Charles and Benton Parking Garage Cost Estimate and Authorization to Tender the Project) be deferred and referred to the July 2, 2002 City Council meetinq and that staff be instructed to ensure full disclosure has been provided pertaining to all costs related to the project, including the effect on the tax levy." 21. CHILDREN AT PLAY SIGNS - SETTLERS DRIVE Councillor M. Galloway advised that concerns have been expressed with regard to children's safety on Settlers Drive and areas leading to the local school and requested that signs warning of children at play be installed. He suggested that the signage should be in the area of 10 - 15 Settlers Drive and 68 Settlers Drive. Mr. J. McBride advised that typically staff install pedestrian warning signage and indicated that this would be done. 22. DTS-02-156 NOTIFICATION POLICY RE NEW GROUP HOMES The Committee considered Development and Technical Services Department report DTS-02- 156 dealing with a notification procedure as part of the licensing process for Group Homes. It was noted in the report that currently there was no process or requirement for a new group home to notify neighbouring residents prior to the commencement of a group home operation and that many residents have advised that their initial concerns and fears would have been prevented if they had been made aware of the specifics of proposed group home openings within their community. On motion by J. Ziegler - it was resolved: "That staff be directed to amend Municipal Code Chapter 430 (Group Homes Registration) to incorporate a notification procedure as part of the licensing process for group homes; and further, That the proposed amendment be presented at the August 12, 2002 Development & Technical Services Committee meeting, with proper notification being undertaken." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 24~ 2002 23. - 144 - ADJOURNMENT On motion, the meeting adjourned at 10:35 p.m. CITY OF KITCHENER L.W. Neil, AMCT Assistant City Clerk