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Council Minutes - 2002-07-02
COUNCIL MINUTES July 2, 2002 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor B. Vrbanovic. The meeting began with the singing of "O Canada" by Olinca Trejho, Resurrection Catholic Secondary School. On motion by Councillor J. Ziegler, the minutes of the regular meeting held June 17, 2002, and special meetings held June 17 & 24, 2002, as mailed to the Mayor and Councillors, were accepted. It is noted for the record that pursuant to Section 25.8.9 of Chapter 25 (Council Procedure) of the Municipal Code, Councillor J. Smola disclosed a pecuniary interest at the In-Camera meeting of City Council held July 2, 2002, in respect to a matter involving solicitor-client privilege. Mayor C. Zehr made reference to the updated design of the City's new flag on display in the Council Chamber. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letters dated June 13 and 19, 2002, from Premier Ernie Eves, acknowledging receipt of Council's resolutions supporting a request for a review of the role of the Ontario Municipal Board and concerning responsibilities for local water distribution. (b) Letters dated June 13 and 19, 2002, from T. Arnott, MPP, Waterloo-Wellington, acknowledging receipt of Council's resolutions concerning responsibility for local water distribution and supporting the Federal proclamation of National Public Medicare Day and Canada's publicly administered health care system. Mr. L. Gordon, Manager of Purchasing, attended with respect to the tenders listed on the Committee of the Whole agenda of this date. Councillor M. Galloway raised concerns with what appears to be a consistent under-estimating of the cost of parking garage repairs and construction, and advised of his opposition to Tender T02-039 with respect to remedial work at the Duke Street Parking Garage. Councillor J. Ziegler suggested deferral of Proposal P01-129, Telecommunications System Proposal, questioning whether the public would realize benefits proportional to the cost of the new system. Mr. G. Sosnoski noted that July 3, 2002 is the final day for Bell Canada's quoted price for Proposal P01-129. He advised that the present City Hall telephone system has several limitations, and staff are currently working with a consultant to improve existing practices and to use the new technology for improved customer service. Mr. M. Grummett advised the current phone system is outdated and has reached capacity. In order to go forward with the call centres as previously discussed, and an integrated voice mail system, a new telecommunications system is required. Mr. J. Fielding advised the administration is fully aware that benefits proportional to the investment in the new system must be achieved. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Tender T01-137, Fire Fighter Protective Clothing, be awarded for a period of one (1) year to Safedesign Apparel Ltd., Toronto, Ontario at a cost of $58,555., plus P.S.T. & G.S.T." - and - "That Tender T02-043, Desktop Computers, be awarded to Onward Computer Systems, Kitchener, at their tendered price of $174,400., plus P.S.T. & G.S.T." - and - "That Tender T02-039, Remedial Work to the Duke Street Garage Helix Ramp, be awarded to Alto Restoration-Renovations Ltd., Toronto, Ontario at their revised tendered price of $103,790., including G.S.T." COUNCIL MINUTES JULY 2,2002 -261- CITY OF KITCHENER and - "That Proposal P01-129, Telecommunications System Proposal, be awarded to Bell Canada, London, Ontario at their proposed price of $1,362,494.87, including G.S.T. and P.S.T; and further, That the Mayor and Clerk be authorized to sign any agreement(s) in this regard." Carried. Mayor C. Zehr and Messrs. G. Stewart and L. Lynch presented awards to Messrs. M. Henderson and G. McTaggart of Engineering Services in recognition of their paper on the City's Integrated Information Management System submitted at the 2002 International No-Dig Conference held in Montreal last April. Messrs. Henderson and McTaggart were recognized for their dedication and commitment to the design and implementation of the Management System. Ms. R. Pitfield presented Council with the 2001 City of Kitchener Annual Report, being the first annual report for the City. She advised that the report will be made available to all households in the City by publication in 'Your Kitchener'. Ms. Trudy Beaulne and Mr. Brice Balmer attended with respect to the 35th Anniversary of the Social Planning Council of Kitchener-Waterloo, to thank the City for its constant support over the years. Ms. Beaulne presented a framed Certificate of Appreciation to the City which was accepted by Mayor Zehr. Mr. Gerard Kay appeared in support of the Committee of Adjustment decision with respect to Submission No. FN 2002-007 (69 Glen Park Crescent) listed as Item B.5ii) on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the application of Gerard & Brenda Kay (Submission No. FN 2002-007) requesting permission to construct a wooden fence 0.6 m (2 ft.) from the lot line adjacent to Glen Park Crescent from the rear lot line and continuing along the sideyard a distance of 16.76 m (55 ft.), having a maximum height of 1.52 m (5 ft.), rather than the permitted 0.91 m (3 ft.), on Lot 445, Registered Plan 1291, 69 Glen Park Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variance as approved in this application shall be generally as shown on the drawings submitted with Fence Variance Application, Submission No. FN 2002-007." Carried. It was noted that Ms. Marilyn Myers had registered as a delegation with respect to noise associated with the demolition of the Franklin Street bridge, but was not in attendance. Also, Mr. Barney Tracy, President, K-W Sports Council, had registered as a delegation in connection with Clause 22 (proposed Minor Sports Affiliation Policy) of the Community Services Committee report, but was not in attendance. Mayor C. Zehr noted people in the Chamber having an interest in Clause 20 (Doon Valley Golf Course Expansion) of the Community Services Committee report. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Clause 20 of the Community Services Committee report be adopted." Carried. Mr. Bill Morrison on behalf of the Kitchener Neighbourhood for Appropriate Development and Ms. Leslie Claire, a new resident of the Victoria Park area, addressed Council with respect to the Heritage Kitchener report, both requesting a longer deferral of consideration of the Heritage Permit Application COUNCIL MINUTES JULY 2,2002 -262- CITY OF KITCHENER for 530-540 Queen Street South, until the September 3, 2002 Heritage Kitchener meeting and the September 16, 2002 Council meeting. This would allow all interested parties an opportunity to continue to participate in the process, given that many people are away during the summer months. Mr. Bernie Hermsen, MacNaughton Hermsen Britton Clarkson, appeared on behalf of his client, Drewlo Holdings, in support of the Heritage Kitchener recommendation to defer consideration of the Heritage Permit Application for 530-540 Queen Street South to the August 13, 2002 Heritage Kitchener meeting and the August 26, 2002 Council meeting. He advised an extensive public consultation process has already been undertaken, and the recommended deferral will allow a further eight weeks for submission and review of the revised plans. He stated although his client prefers the Heritage Kitchener recommendation, they will comply with Council's direction. Council agreed to consider the Heritage Kitchener recommendation, acknowledging that a quorum of the Committee was not present when the motion was voted on. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the Heritage Kitchener report be adopted." Councillor C. Weylie noted the consultant has undertaken extensive consultation with area residents and she anticipated more dialogue could lead to a resolution of their differences. She put forward an amendment to the motion, accepted by Councillor Galloway as a friendly amendment, that consideration of Heritage Permit Application 2002-V-03 for 530-540 Queen Street South be deferred and referred to the Heritage Kitchener meeting of September 3, 2002, and the Council meeting of September 16, 2002. Also, the applicant be given until August 12, 2002 to submit any revisions to the Heritage Impact Assessment to Heritage Kitchener. The Heritage Kitchener report, as amended, was then voted on and Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That consideration of the Development & Technical Services Committee report (meeting of February 18, 2002), be deferred and referred to the Council meeting of September 16, 2002." Carried. Ms. Carla Ladd and Mr. Glenn Scheels attended in support of the recommendations in Strategic Services Department report SSD-02-015, dated June 27, 2002 dealing with background information and development guidelines for the Centre Block. Ms. Ladd noted the recommendations are as a result of the information provided at the June 24, 2002 special Council meeting. Mr. Davin Charney presented Council with his concerns related to the approach to Downtown redevelopment being undertaken by the City, particularly related to the loss of affordable housing in the Downtown. He also expressed concerns relative to the intense Police presence in Downtown Kitchener. He stated that the current revitalization process ignores the needs of society's marginalized people, and thus he is opposed to the City's Downtown revitalization plans. Mayor C. Zehr pointed out that more affordable housing was being developed in the Downtown with the Cedar Hill project and that no decision had been made with respect to the future of the Mayfair Hotel. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That the report prepared by Green Scheels Pidgeon entitled 'Centre Block - Background Information and Development Guidelines' dated June 2002 be received; and, That the development guidelines contained therein be accepted as generally reflecting City Council's development vision for the Centre Block; and, That the development guidelines be referred to the Expression of Interest process for refinement and incorporation into appropriate documents; and further, COUNCIL MINUTES JULY 2,2002 -263- CITY OF KITCHENER That through the Phase 1 process for the Centre Block Proposal Call project (validating the development concepts and obtaining a reading of market interest), the City's consultant be instructed to test the viability and make recommendations regarding the retention of the Forsyth building and buildings addressed as 106 and 108-112 King Street West as part of the redevelopment of the Centre Block." Carried. Ms. Heather Thomson was in attendance to raise concerns with respect to the accessibility of information from City staff, and staff's interpretation of the Zoning By-law, relative to 90 Woodside Avenue development proposed by General Environmental Group for use as a soil recycling facility. She requested Council direct staff to make 90 Woodside Avenue their top priority, and planning staff be directed to submit a report to Council on their interpretation of the Zoning By-law provisions in respect to language and definitions to facilitate enforcement activity relative to the property. She also expressed surprise at learning that a Demolition Permit had been issued August 8, 2001 for demolition of 94,000 sq. ft. of building on the property, prior to final approval of the zone change. Ms. L. MacDonald noted it is usually the responsibility of staff to interpret the Zoning By-law; however, Council could direct staff to present an information report in this regard at the August 12, 2002 Development & Technical Services Committee meeting and such direction was given. With respect to 90 Woodside Avenue being a top priority for staff, Ms. MacDonald and several members of Council commented that while the property is a priority, staff do have other City-wide priorities. Mr. Steve Vogel was in attendance to raise concerns with respect to the valuation of City-owned land in connection with Clause 18 of the Development & Technical Services Committee report (meeting of June 24, 2002). He offered the opinion that the City-owned lands, which he identified as being the subject of a land exchange between the City and Hallman-Brierdale Limited, had been undervalued, and taxpayers had not received fair value for the land. Mr. Paul Grespan appeared on behalf of Hallman-Brierdale Limited in support of Clause 18 of the Development & Technical Services Committee report. He noted that Mr. Vogel had misunderstood which parcel of City land was involved in the land exchange. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Clause 18 of the Development & Technical Services Committee report (meeting of June 24, 2002), be adopted." Councillor G. Lorentz directed Mr. J. Shivas to investigate and report as to whether Mr. Vogel's concern about the undervaluation of City land is valid. Mr. Shivas noted that the lands referred to by Mr. Vogel have no frontage on a public street, and would have to be combined with other lands having street frontage in order to be developed. He also noted that the land is not serviced which reduces its value. He advised that the Agreement of Purchase and Sale reflects the appraised value, which has been obtained from an outside appraiser. Clause 18 of the report was then voted on and Carried. Mr. Paul Grespan was also in attendance with respect to Clause 19 of the Development & Technical Services Committee report (meeting of June 24, 2002). Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Clause 19 of the Development & Technical Services Committee report (meeting of June 24, 2002), be adopted." Councillor Weylie then put forward a motion, seconded by Councillor M. Galloway, to amend Clause 19 as follows: 1) Section 19.C.1 requires an asterisk beside the number 1; and, COUNCIL MINUTES JULY 2,2002 -264- CITY OF KITCHENER 2) Subsections 19.C.2.'70.3) and 19.C.2.'101 be replaced with the following wording: "A warning clause for all lands within the plan to read as follows: 'Prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that directional lighting along this flight path may cause concern to some individuals.' "; and, 3) the word 'the' be inserted before the word 'registration' in Subsection 19.C.2.'81. Mr. Paul Grespan appeared on behalf of Hallman-Brierdale Limited in opposition to Clause 19 of the Development & Technical Services Committee report (meeting of June 24, 2002). He advised that in 1994 three property owners/developers entered into a private agreement which, among other things, assured the three developers would develop their respective lands in Grand River with either of the three having the ability to proceed first. Northlake Homes, one of the parties to the private agreement, has sold their lands to Lyndale Estates Limited. Mr. Grespan advised that the conditions of Draft Plan Approval for the three subdivisions were relied on by the three Subdividers when entering into their private agreement. He advised his opposition to Clause 19 relates to the fact that the subdivision modifications proposed by staff have a detrimental impact on the private agreement. Mr. Grespan requested that the proposed lots fronting Zeller Drive between Woolner Drive and Pebblecreek Drive be included in Phase 1 of the Lyndale Estates subdivision, which would require improvements to Lackner Boulevard. Mr. Grespan also requested that the traffic signals and left turn lanes at the Lackner/Zeller/Oldfield intersection be required at this time. Mr. Grespan noted that some of the servicing and road improvements will be paid for from development charges. For those improvements being requested, not covered by development charges, Mr. Grespan advised that Hallman-Brierdale would be prepared to finance 50% of the costs. Councillor Ziegler spoke in support of Mr. Grespan's requests and put forward a further amendment to Clause 19 as follows: 1) that those lots in Stage 5 of the Draft Plan of Subdivision fronting Zeller Drive, between Woolner Drive and Pebblecreek Drive, be included in Stage 1; 2) that Zeller Drive be constructed in front of these lands, along with the required underground services; and, 3) that the traffic signals and left turn lanes at the Lackner/Zeller/©ldfield intersection be installed, with Hallman-Brierdale Limited paying 50% of the non-development charge costs associated with these intersection improvements. Councillor Ziegler's amendment to Clause 19 of the report was voted on and Lost. Councillor Weylie's motion to adopt Clause 19 of the Development & Technical Services Committee report (meeting of June 24, 2002), as amended, was then voted on and Carried. Mayor Zehr noted Mr. Brian Hofstetter was in the Chamber with respect to Clauses 13 and 14 of the Development & Technical Services Committee report (meeting of June 24, 2002). Mayor Zehr disclosed a pecuniary interest in Clauses 13 and 14 of the above report and the related by-law as he owns land within the circulation area for the Hofstetter zone change, abstained from discussion and vacated the Chair. Councillor J. Ziegler assumed the Chair to conduct this portion of the meeting. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Clause 13 of the Development & Technical Services Committee report (meeting of June 24, 2002) be adopted." COUNCIL MINUTES JULY 2,2002 -265- CITY OF KITCHENER Mr. J. Willmer requested that the wording 'a minimum setback of 30 m' in Clause 13 be changed to 'a minimum setback of 33 m' and that issues of noise warning and building design be incorporated in the By-law. He advised the Region is concerned with any setback less than 39 m; however, they have agreed to a 33 m setback for buildings of only 1 storey in height. Councillor C. Weylie put forward a motion, seconded by Councillor M. Galloway, to amend Clause 13 to address Mr. Willmer's requests. The date of the proposed by-law was also changed in Section A of Clause 13 to 'as revised July 2, 2002'. Clause 13 of the Development & Technical Services Committee report, as amended, was voted on and Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Clause 14 of the Development & Technical Services Committee report (meeting of June 24, 2002) be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the revisions to the proposed by-law respecting Zone Change Application ZC 01/28/H/BS are considered to be minor and no further public notification is required." Carried. Mayor C. Zehr previously disclosed a pecuniary interest in respect to the Hofstetter zone change and related by-law and abstained from all discussion and voting on the three preceding resolutions as he owns property within the circulation area of Zone Change Application ZC 01/28/H/BS (Hofstetter Avenue). Councillor J. Ziegler vacated the Chair which was re-assumed by Mayor C. Zehr. Mayor Zehr noted Mr. T. Marchand was in the Chamber with respect to Committee of Adjustment Submission FN 2002-008 for 119 Burnaby Crescent listed as Item B.Siii) of the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway "That the application of Thomas Marchand (Submission No. FN 2002-008) requesting permission to erect a wooden fence 0.3 m (1 ft.) from the lot line adjacent to Newbury Drive from the rear lot line and continuing along the sideyard a distance of 16.76 m (55 ft.), having a maximum height of 1.82 m (6 ft.), rather than the permitted 0.91 m (3 ft.), on Lot 1, Registered Plan 1786, 119 Burnaby Crescent, Kitchener, Ontario, BE APPROVED." Carried. Mayor C. Zehr noted an individual was present in regard to Clause 19 of the Community Services Committee report. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Clause 19 of the Community Services Committee report be adopted." Carried. Ms. L. MacDonald requested Council's consideration of a motion to allow the Municipal Plan Amendment and Zone Change process on Site 132 in the Huron Business Park to continue in COUNCIL MINUTES JULY 2,2002 -266- CITY OF KITCHENER advance of completion of the transfer of the site to J. Steckle Heritage Homestead, as it relates to the Development & Technical Services Committee report from its meeting of June 10, 2002. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That notwithstanding Council's resolution of November 5, 2001, the completion of the applications to change the existing Municipal Plan designation and zoning to Institutional with respect to Site 132 located in the Huron Business Park in advance of the completion of the transfer of the said site from the City to J. Steckle Heritage Homestead is hereby authorized.'" Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the Development & Technical Services Committee report (meeting of June 10, 2002) be adopted." Carried. Council was in receipt of a memorandum from Ms. P. Houston, dated June 28, 2002, containing the financial information requested by Mayor Zehr at the June 24, 2002 Development & Technical Services Committee meeting, relative to Clause 21 of the Development & Technical Services Committee report concerning the Charles and Benton Parking Garage. Mayor Zehr advised that he was satisfied with the information contained in Ms. Houston's memorandum. Councillor M. Galloway again raised his concerns with respect to the under-estimation of the cost of repair and construction work on the City's parking garages. He advised that he is opposed to moving ahead with any parking garages until the existing garages are at capacity. Councillor J. Ziegler commented he has some of the same concerns as Councillor Galloway; however, Council has already committed to the first parking garage. He also noted that Council has the option, after going to tender, to alter the proposal to meet the budget estimates. Councillors Lorentz and Smola spoke in support of the proposed tender, noting a need for a new parking garage in the Downtown, and that proceeding with the parking garage at this time will show Council's confidence in the Downtown revitalization process. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That the following replace Clause 21 of the Development & Technical Services Committee report (meeting of June 24, 2002): 'That staff be instructed to proceed with tendering of the Charles and Benton Parking Garage Project based on the $10.1M cost estimate attached to Development & Technical Services Department report DTS-02-150; and further, That the list of design options for the project be reviewed by Council following receipt of Tenders'." Carried. Councillor M. Galloway asked that it be recorded he voted in opposition to Clause 21. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Clause 17 of the Development & Technical Services Committee report (meeting of June 24, 2002) be adopted." COUNCIL MINUTES JULY 2, 2002 - 267 - CITY OF KITCHENER Councillor Weylie put forward a motion, seconded Councillor M. Galloway, to amend Clause 17 of the Development & Technical Services Committee report and Clause 3 of the proposed by-law relative to Zone Change Application ZC 01/22/S/BS to include: 1) reference to 'Section 5.25' before Section 39.1 and 39.2; 2) to add 'semi-detached dwelling' and 'home based business' as permitted uses along with single detached dwelling and duplex; and, 3) to include that a 'second dwelling unit or a duplex in a semi-detached house shall not be permitted'. Clause 17 of the Development & Technical Services Committee report, as amended, was then voted on and Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the revisions to the proposed by-law respecting Zone Change Application ZC 01/22/S/BS are considered to be minor and no further public notification is required." Carried. Council was in receipt of correspondence from Ms. S. Curzon, dated July 2, 2002, advising of the recommendation of the Economic Development Advisory Committee that Mr. Paul Kuntz of Kuntz Electroplating Limited be appointed to fill a vacancy on that Committee. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That Mr. Paul Kuntz, Kuntz Electroplating Limited, be appointed to the Economic Development Advisory Committee, representing the Manufacturing Section, to fill the balance of the term of Mr. J. Willmer expiring November 30, 2003." Carried. Mr. J. Willmer advised that the letter of acknowledgement from the Ministry of the Environment relative to Clause 16 of the Development & Technical Services Committee report (meeting of June 24, 2002) has not been received. He requested that this matter be deferred and referred to the Council meeting of August 26, 2002. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That consideration of Clause 16 of the Development & Technical Services Committee report (meeting of June 24, 2002) be deferred and referred to the Council meeting of August 26, 2002; or if a letter is not received, to a future City Council meeting." Carried. Mayor C. Zehr noted Ms. Mary Jane Schlegel, President, Waterloo Region Associated Track Clubs, has advised of her opposition to the Minor Sports Affiliation Policy proposed in Clause 22 of the Community Services Committee report. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Clause 22 of the Community Services Committee report be adopted." Carried. JULY 2,2002 4. COUNCIL MINUTES Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That the report of the Development & 2002), be adopted." - 268 - Moved by Councillor G. Lorentz Seconded by Councillor J. Smola CITY OF KITCHENER Technical Services Committee (meeting of June 24, Voted on Clause by Clause. Clauses 13 & 19 - Dealt with under Delegations and Carried, as Amended. Clauses 14 & 18 - Dealt with under Delegations and Carried. Clauses 16 & 17 - Carried, as Amended. Clause 21 - Carried. Balance of report - Carried. Pecuniary Interest & Absention: Clauses 13 & 14 - Mayor C. Zehr as he owns property within the circulation area of the zone change application. "That the report of the Community Services Committee be adopted." On motion by Councillor G. Lorentz, seconded by Councillor J. Smola, it was agreed to amend Clause 21 of the report to correct a typographical error from $136,000. to $36,000. Voted on Clause by Clause. Clauses 19, 20 & 22 - Dealt with under Delegations and Carried. Clause 21 - Carried, as Amended. Balance of report - Carried. 6. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Carried. Council then considered a recommendation with respect to 236-264 Victoria Street North, the matter having been discussed at the In-camera meeting this date. Moved by Councillor J. Ziegler Seconded by Councillor J. Smola "That notwithstanding the resolution of August 27, 2001, and in recognition of the work conducted on the property to date, Council authorizes the City Treasurer to write-off all outstanding real property taxes attributable to Assessment Roll #30-12-020-004-193-00-0000 which have accrued up to and including July 31, 2002, provided the property owner agrees to commence paying property taxes accruing on this property starting August 1, 2002 and thereafter." Carried. COUNCIL MINUTES JULY 2,2002 -269- CITY OF KITCHENER Council acknowledged receipt of Community Services Department report CPRS-02-154, dated June 26, 2002 prepared in response to Council's request of June 17, 2002, for detailed information on how City parks are planned and developed. Councillor M. Galloway requested a more detailed report in this regard be presented to the Community Services Committee after the summer break, in light of increased residential development. Mr. F. Pizzuto responded that approximately two years ago a Parks Master Plan had been proposed, at a cost at the time of $50,000. However, in light of other major studies being undertaken, such as the Monteith Report, a Parks Master Plan was not proceeded with. He advised if Council wished, he would bring forward a Parks Master Plan review process this Fall. Council was in receipt of Development & Technical Services Department report DTS-02-155 dated June 19, 2002, with respect to a by-law to implement the Designated Heritage Property Grant Program. The report also recommends a deadline for receipt of applications of August 2, for this year only, given the proposed by-law sets the date at March 31 each year. Mr. L. Bensason was in attendance to answer any questions in this regard. Moved by Councillor M. Galloway Seconded by Councillor J. Smola "That a by-law to implement the Designated Heritage Property Grant Program under Section 39 of the Ontario Heritage Act, be approved; and, That for 2002 only, the deadline for receipt of Designated Heritage Property Grant applications be extended to August 2nd; and further, That property owners who commenced or completed conservation work on eligible properties between January 1, 2002 and August 2, 2002, be permitted to submit a grant application for the current year." Carried. Councillor C. Weylie disclosed a pecuniary interest and abstained from all discussion and voting concerning a Designated Heritage Property Grant Program as she owns a designated heritage property. Mayor C. Zehr directed that staff report to a future Development & Technical Services Committee meeting on parking requirements for new developments in the Downtown. Mayor C. Zehr commented on Regional issues noting that the Provincial Offences Courts are not dealing promptly with City of Kitchener cases and advised that he has written to the Province. Mr. J. Shivas informed Council that the August court dates have now been restored. Mayor Zehr advised the Region has reinstated the garbage rebate program for multi-residential properties where interior roads are too narrow to make it possible for garbage trucks to pass freely. Prior to consideration of the by-laws, Mayor C. Zehr noted that a letter dated July 2, 2002, from Mr. Richard Haalboom had been circulated to members of Council and staff this date. He requested Council have regard to the contents of this letter relating to Oregon Drive when dealing with the by- laws listed on the agenda as Items 7 (a), (b) and (c) under first reading and Items 9 (b) and (c) under third reading. Council agreed to a request from Mr. G. Sosnoski, City Clerk, to add twelve by-laws for three readings this date: a by-law to amend Chapter 465 of the Municipal Code with respect to the appointment of Arbitrators; a by-law to implement the Designated Heritage Property Grant Program; by-laws related to Clauses 9,10,11,12,13,15, 17 and 19 of the Development & Technical Services Committee report of June 24, 2002; and, Clause 1 of the Development & Technical Services Committee report of June 10, 2002. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws, namely: COUNCIL MINUTES JULY 2, 2002 - 270 - CITY OF KITCHENER (a) Being a by-law to provide for the establishing and laying out of part of Oregon Drive as a public highway in the City of Kitchener. (b) Being a by-law to close and sell part of the public highway known as Oregon Drive in the City of Kitchener. (c) To confirm all actions and proceedings of the Council. (d) Being a by-law to amend Chapter 485 of The City of Kitchener Municipal Code respecting the appointment of arbitrators. (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Edmund Farrage - Heiman Street. (f) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City of Kitchener - Hidden Valley Road. (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Land between 98 and 108 Strange Street. (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Brian Hofstetter - Hofstetter Avenue. (i) Being a by-law to implement a Designated Heritage Property Grant Program under Section 39 of the Ontario Heritage Act. (j) Being a by-law to establish backflow and cross connection prevention measures in order to secure to the inhabitants of the City of Kitchener a continued and abundant supply of pure and wholesome water. (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - TDL Group Limited - Frederick Street. (I) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Rockway Holdings - Shirley Avenue North. (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Lyndale Estates Ltd. - Zeller DriveNVoolner Drive. (n) Being a by-law to adopt Amendment No. 44 to the Municipal Plan - City of Kitchener - City of Kitchener- Lot 132 Huron Business Park- Mclntyre Drive. (o) Being a by-law to amend By-law 85-1, as amended known as the Zoning By-law for the City of Kitchener - Addition to J. Steckle Heritage Homestead. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. Mayor C. Zehr previously disclosed a pecuniary interest in regard to the by-law listed as 7 (h) as he owns property within the circulation area of the zone change and abstained from all discussion and voting. Councillor C. Weylie previously disclosed a pecuniary interest in regard to the by-law listed as 7i as she owns Designated Heritage Property and abstained from all discussion and voting. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Ziegler as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. JULY 2,2002 8. COUNCIL MINUTES - 271 - CITY OF KITCHENER Moved by Councillor J. Ziegler Seconded by Councillor J. Smola "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (r) (g) (h) (i) (J) Being a by-law to change the name of certain streets in the City. (By-law No. 2002-126) Being a by-law to provide for the establishing and laying out of part of Oregon Drive as a public highway in the City of Kitchener. (By-law No. 2002-127) To confirm all actions and proceedings of the Council. (By-law No. 2002-128 Being a by-law to amend Chapter 465 of The City of Kitchener Municipal Code respecting the appointment of arbitrators. (By-law 2002-129 Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Edmund Farrage - Heiman Street. (By-law No. 2002-130 Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City of Kitchener - Hidden Valley Road. (By-law No. 2002-131 Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Land between 98 and 106 Strange Street. (By-law No. 2002-132 Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Brian Hofstetter - Hofstetter Avenue. (By-law No. 2002-133 Being a by-law to implement a Designated Heritage Property Grant Program under Section 39 of the Ontario Heritage Act. (By-law No. 2002-134 Being a by-law to establish backflow and cross connection prevention measures in order to secure to the inhabitants of the City of Kitchener a continued and abundant supply of pure and wholesome water. (By-law No. 2002-135) JULY 2,2002 (k) (m) (n) (o) COUNCIL MINUTES - 272 - CITY OF KITCHENER Being a by-law to amend By-law $5-1, as amended, known as the Zoning By-law for the City of Kitchener - TDL Group Limited - Frederick Street. (By-law No. 2002-136) Being a by-law to amend By-law $5-1, as amended, known as the Zoning By-law for the City of Kitchener - Rockway Holdings - Shirley Avenue North. (By-law No. 2002-137) Being a by-law to amend By-law $5-1, as amended, known as the Zoning By-law for the City of Kitchener - Lyndale Estates Ltd. - Zeller DriveNVoolner Drive. (By-law No. 2002-135) Being a by-law to adopt Amendment No. 44 to the Municipal Plan - City of Kitchener - City of Kitchener- Lot 132 Huron Business Park- Mclntyre Drive. (By-law No. 2002-139) Being a by-law to amend By-law $5-1, as amended known as the Zoning By-law for the City of Kitchener - Addition to J. Steckle Heritage Homestead. (By-law No. 2002-140) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. Mayor C. Zehr previously disclosed a pecuniary interest in regard to the by-law listed as 9 (h) as he owns property within the circulation area of the zone change and abstained from all discussion and voting. Councillor C. Weylie previously disclosed a pecuniary interest in regard to the by-law listed as 9i as she owns Designated Heritage Property and abstained from all discussion and voting. On motion, the meeting adjourned at 9:35 p.m. MAYOR CLERK COUNCIL MINUTES JULY 2,2002 -273- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (Meeting of February 18, 2002) That consideration of Demolition Control Application DC 01/09/Q/DR (Drewlo Holdings Ltd.), for which the owner is requesting approval for the demolition of a single detached dwelling at 560 Queen Street South be deferred and referred to the September 16, 2002 Council meetinq, when the Heritaqe Impact Assessment for 530, 540-560 Queen Street South will be considered. (Dealt with under Delegations and Carried, as Amended) DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (Meeting of June 10, 2002) That Municipal Plan Amendment Application MP 01/06/H/SV (Site 132, Mclntyre Drive, Huron Business Park - City Initiated), be approved, being an amendment to: revise Map 5, "General Industrial" to "Major Institutional", as shown on the attached Schedule "A"; ii) revise Map 8, "Special Policy Areas to incorporate the subject lands into Special Policy Area #9", as shown on the attached Schedule "B". iii) revise Part 3, Section 12 "Special Policies" by deleting "Steckle Heritage Homestead" policy 12.9 in its entirety and replacing it with the following: "The City, on lands known legally as Part of Lot 13, Registrar's Compiled Plan 1471, recognizes the historical, cultural and architectural value of the Steckle Heritage Homestead and permits the retention of the agricultural use. In keeping with the heritage designation and the purpose of preservation of the Steckle Heritage Homestead, the City will permit those uses found in the Major Institutional category in addition to uses which support the agricultural heritage exhibition such as agriculture, horticulture, market gardening, craftsman shop, studio, exhibition and display facilities, and two single detached dwellings. The City, on lands known legally as Part Lot 12, Registrar's Compiled Plan 1471, in keeping with the mandate of the J. Steckle Heritage Homestead operations, will permit those uses found in the Major Institutional category except those uses that are incompatible with adjacent industry. In addition, the following uses, which support the agricultural heritage exhibition, may also be permitted such as agriculture, horticulture, market gardening, craftsman shop, studio, exhibition and display facilities, and a parking lot accessory to Part of Lot 13 in Registrar's Complied Plan 1471 ." It is the opinion of this Committee that approval of this application is proper planning for the City. That Zone Change Application ZC 01/23/H/SV (Site 132, Mclntyre Drive, Huron Business Park - City Initiated) proposing a change in zoning from Restricted Business Park Zone (B-2) with Special Regulation 34R and Hazard Land Zone (P-3) with Special Use Provision 285U to Major Institutional Zone (I-3) with Special Use Provision 312U and Hazard Land Zone (P-3) with Revised Special Use Provision 285U on the lands described as Part of Lot 12, Registrar's Compiled 1471, in the City of Kitchener, shown on the attached Map No. 1, be approved in the form shown in the proposed by-law dated May 15th, 2002, without conditions. COUNCIL MINUTES JULY 2, 2002 - 274 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (Meeting of June 10, 2002) - (Cont'd) 1. (Cont'd) It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with a recommended Amendment (Site 132, Mclntyre Drive, Huron Business Park - City Initiated) to the City's Municipal Plan. C. That Council acknowledges that Site 132 in the Huron Business Park will not be developed with a berm flanking Bleams Road. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (Meeting of June 24, 2002) 1. That a copy of Development and Technical Services Department report DTS-02-148-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. 2. 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. 3. 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, 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. 4. That the existing adult crossing guard facilities at the intersection of Lackner Boulevard and Zeller Drive be maintained without modification. 5. That Development and Technical Services Department report DTS-02-151 (Doon Village Road One Way Reversion) be received as information. 6. 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. 7. 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. 8. 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. COUNCIL MINUTES JULY 2,2002 -275- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 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, 3) Conduct an annual re-inspection of the potable water supply. 10. 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.O. 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: 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 COUNCIL MINUTES JULY 2,2002 -276- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. Cont'd 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. 4. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Director of Planning and shall obtain approval therefrom. 5. 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 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 COUNCIL MINUTES JULY 2,2002 -277- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. Cont'd 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. 9. 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. 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: 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. COUNCIL MINUTES JULY 2,2002 -278- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. Cont'd 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. That the owner submit a draft of the executed declaration, with the provisions as required in condition 3 hereof, for approval by the City's Director of Planning. 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. 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. COUNCIL MINUTES JULY 2,2002 -279- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. Cont'd 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 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 Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff 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: COUNCIL MINUTES JULY 2,2002 -280- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. Cont'd One (1) original mylar Four (4) mylar copies Four (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 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 (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. 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 Business Park One Zone (B-l) with Special Use Provision 45 U, Special Regulation 1R and Special Use Provision 316 U, on lands legally described as 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: COUNCIL MINUTES JULY 2,2002 -281- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 11. Cont'd 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 ONitzel-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 Kitchener Bikeway Study (April 1998) to the satisfaction of the Director of Engineering Services. 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 (VVitzel 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. COUNCIL MINUTES JULY 2,2002 -282- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 11. Cont'd 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. 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 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: COUNCIL MINUTES JULY 2,2002 -283- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 11. Cont'd 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 routes and bus stop locations, notification regarding contacts for school sites, noise attenuation measures, environmentally sensitive areas, tree protection areas, special buffer/landscaping areas, water courses, flood plain areas, railway lines and hazard areas and shall also make general reference to land uses on adjacent lands including references to any formal development applications, all to the satisfaction of the CITY'S 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. COUNCIL MINUTES JULY 2,2002 -284- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 11. Cont'd 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 available for this plan, or the portion of the plan to be registered. b) That the owner include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfilment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered." 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. COUNCIL MINUTES JULY 2,2002 -285- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 11. Cont'd 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 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 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 with Ontario Regulation 43/96, as amended, under The Registry Act. Updated Information It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Business and Planning Services Departments of any changes in ownership, agent, address and phone number. COUNCIL MINUTES JULY 2,2002 -286- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 11. Cont'd Agreement Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a reference plan showing the lands to be registered that are affected by the agreement and the conditions to be covered by the agreement should be provided. The fees for the preparation and registration of this agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and $50.00 respectively. Fees The owner/developer is advised that the City of Kitchener and the Regional Municipality of Waterloo have adopted by-laws, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. Approvals for Servicing Systems 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 the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. COUNCIL MINUTES JULY 2,2002 -287- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 11. Cont'd 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 (1) original mylar Four (4) mylar copies Four (4) white paper prints It is the opinion of this Committee that approval of this Subdivision Application is proper planning for the City. 12. 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 be 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. 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 revised July 2, 2002 as being Low Rise Residential. 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 and July 2, 2002, in respect to Clause 4 to provide for a minimum setback of 33 metres rather than 39 metres, correction to Map No. 2 (Schedule COUNCIL MINUTES JULY 2,2002 -288- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 13. Cont'd No. 73) of an easterly sideyard measurement to 30.08 m rather than 15.82 m, and issues of noise warning and building design, 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. (Dealt with under Delegations and Carried, as Amended) 14. That application fees be refunded to Mr. Brian Hofstetter in respect to Zone Change Application ZC 01/28/F/BS (137-139 Hofstetter Avenue). (Dealt with under Delegations and Carried) 15. That Zone Change Application ZC 02/20/TC/BS (City Initiated) to remove the Holding Provision [1 lh] 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 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. 16. 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 Auqust 26, 2002 meetinq: o_r alternatively, if a letter is not received, the recommendation be deferred and referred t__~o a future 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 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. (As Amended) 17. 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 19, as revised June 28, 2002, to reword and reformat Clause 3 of the 'Proposed By-law' so as to add the following: include reference to 'Section 5.25' before Section 39.1 and 39.2; 'semi-detached dwelling' and 'a home based business' shall be added as permitted uses along with single detached dwelling and duplex; and, 'a second dwelling unit or a duplex in a semi-detached house shall not be permitted'; 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. (As Amended) COUNCIL MINUTES JULY 2,2002 -289- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 1~. 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, 2) 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, 3) That an information meeting with the Community take place no later than September 2002 to receive Community comment. (Dealt with under Delegations and Carried) 19. 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, 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) with 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. B. 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): COUNCIL MINUTES JULY 2,2002 -290- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 19. Cont'd '1. 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 Lots 1-182 Block 183 Block 184 Block 185 Blocks 186, 187 Block 188 Blocks 189-194 - maximum 227 units - single detached residential - street townhouses - neighbourhood park - permanent storm water management area - walkways - road widening - 0.3 metre reserves Stage Two Lots 1-44 Blocks 45, 46 - 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 2. 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 COUNCIL MINUTES JULY 2,2002 -291- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 19. Cont'd 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. *52. To prepare a Lot Grading Control Plan to the satisfaction of the City's Director of Engineering 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. *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 Engineering 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 Engineering 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 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; COUNCIL MINUTES JULY 2,2002 -292- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 19. Cont'd d) to implement and be responsible for providing all information contained in the approved Detailed Vegetation Plan and Tree 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 Engineering, 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 Engineering, 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 Engineering. *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 Engineering. 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. If sufficient money is not allocated from the appropriate City Development Charge Account(s) to permit the City to fund these works and the Subdivider wishes to proceed, the Subdivider agrees to provide and up-front the cost of these works. COUNCIL MINUTES JULY 2,2002 -293- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 19. Cont'd 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 shall be those as shown on the draft plan. '61 That construction traffic to and from Stages I to 4 in shall 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 Zeller 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. *62. 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. *63. 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 Engineering 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 COUNCIL MINUTES JULY 2,2002 -294- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 19. Cont'd reference plan from the City's Director of Planning, Director of Engineering 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 Director of Planning, the City's Director of Engineering and the Regional Commissioner of Transportation and Environmental Services; and b) 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 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 Ddve, that may be disturbed as a result of the construction of services, all to the satisfaction of the City's Director of Engineering as part of the development of the plan. COUNCIL MINUTES JULY 2,2002 -295- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 19. Cont'd *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 Engineering, as part of the development of Stage I 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. 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." 3) A warning clause for all lands within the plan to read as follows: "Prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that directional lighting along this flight path may cause concern to some individuals." 71. To include the following warning clause ~n 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. COUNCIL MINUTES JULY 2,2002 -296- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 19. Cont'd *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 ("M©EE") 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 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." The 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 Stage 2 consisting of Lots I to Stage 3 consisting of Lots I to Stage 4 consisting of Lots I to Stage 5 consisting of Lots I to Stage 6 consisting of Blocks Stage 7 consisting of Blocks 182 inclusive and Blocks 183 to 194 inclusive, 44 inclusive and Blocks 45 and 46, 54 inclusive and Blocks 55 to 58 inclusive, 54 inclusive and Blocks 55 to 60 inclusive, 38 inclusive and Blocks 39 to 41 inclusive, to 10 inclusive, to 3 inclusive, Further, the Subdivider agrees that the Plan of Subdivision shall be registered in accordance with the following special conditions: 2. 3. 4. 5. 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 Drive 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 Drive 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. COUNCIL MINUTES JULY 2,2002 -297- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 19. Cont'd 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 registration of each stage of the plan of subdivision. *77. 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. Stage Three: (a) Block 58, for a 0.3 metre reserve. 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 Engineering. 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. COUNCIL MINUTES JULY 2,2002 -298- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 19. Cont'd *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 Engineering, 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 concrete transit pads at the time of sidewalk installation within each stage of the plan of subdivision. '81. That prior to the 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 Engineering, and operational prior to occupancy of any dwelling in any stage. *82. To submit a micro-drainage study, lotting and servicing plans for Stage 4 for the approval of the City's Director of Engineering 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 Engineering. *83. That the servicing design of Stage 4 shall be approved by the City's Director of Engineering 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 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 COUNCIL MINUTES JULY 2,2002 -299- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 19. Cont'd 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. *87. To fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod Block 184 of Stage I 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. *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 4inclusive 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 44 inclusive 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 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 lO-14, Stage ~, 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. COUNCIL MINUTES JULY 2,2002 -300- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 19. Cont'd *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 Enginee#ng. At such time as Landgren Court is extended onto adjacent lands to the west, the City Solicitor, upon notification by the Subdivider, shall 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. *98. To construct at the Subdivider's cost a temporary access road from Colton Circle to Zeller Drive 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 prior 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 prior 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 westedy limit of the plan and opened to public vehicular traffic immediately upon the request of the City if required to complete transportation links within the community, to the satisfaction of the City's Director of Engineering. COUNCIL MINUTES JULY 2,2002 -301- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 19. Cont'd 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 be granted 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. A warning clause in all Offers to Purchase and Sale Agreements, and/or rental agreements to read as follows: "Prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that directional lighting along this flight path may cause concern to some individuals." 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfy the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services: '1. That the owner 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 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 available 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 COUNCIL MINUTES JULY 2,2002 -302- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 19. Cont'd 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. *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. 4. OTHER AGENCY CONDITIONS That prior to the commencement of any grading or construction on the site, and prior to registration of the plan, the 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 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. COUNCIL MINUTES JULY 2,2002 -303- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 19. Cont'd 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. 5. 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 carded 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 be advised that Conditions 4.1 and 4.2 have been carried 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. 6. 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. *4. Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a reference plan showing the lands to be registered that are affected by the agreement and the conditions to be covered by the agreement should be provided. The fees for the preparation and registration of this agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and $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.©. 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 COUNCIL MINUTES JULY 2,2002 -304- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 19. Cont'd 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 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.O. 1990, c. P.13, as amended by S.O. 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 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. 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 COUNCIL MINUTES JULY 2, 2002 - 305 - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 19. (Cont'd) CITY OF KITCHENER It is the opinion of this Committee that approval of these Modifications to the Plan of Subdivision is proper planning for the City. (Dealt with under Delegations and Carried, as Amended) 20. 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. 21. That staff be instructed to proceed with tendering of the Charles and Benton Parking Garage Project based on the $10.1M cost estimate attached to Development & Technical Services Department report DTS-02-150; and further, That the list of design options for the project be reviewed by Council following receipt of Tenders. 22. 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. COMMUNITY SERVICES COMMITTEE - That subject to the satisfaction of the City Solicitor, the Mayor and City Clerk be authorized to execute an amending agreement with the Kitchener Waterloo Rowing Club Inc. and the University of Waterloo for provision to locate a fourth transport trailer for the purpose of storing additional boats on a portion of the former road bed of old King Street adjacent to Schneider Park and to extend the term of the agreement to September 30, 2004. That a Co-operative Agreement be entered into with the Senior Helpers Aiding Retirees Through Experience (S.H.A.R.E.) for provision of Peer Helping Programs for seniors, as attached to Community Services Department report CSD-02-106; and further, That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute the Co-operative Agreement with S.H.A.R.E. That subject to the satisfaction of the City Solicitor, the Mayor and City Clerk be authorized to execute two License Agreements, as attached to Community Services Department report CSD-02-137, firstly with the property owner(s) of 488 Zeller Drive (Art and Carol Huber) and secondly with the property owner of Part Lots 117 and 119, German Company Tract, Zeller Drive (Hallman Brierdale Limited), to authorize the City of Kitchener to construct and establish a portion of the Walter Bean Grand River Trail over their respective properties. That pursuant to Council Policy 1-272, a one time contribution in the amount of $1,000. be approved for the Unity Community Gardeners for the start-up of the Unity Community Garden to be located within the rear of the property at 2631 Kingsway Drive, which includes: a) services in-kind: transport compost, woodchips $415. b) cash grant $485. COUNCIL MINUTES JULY 2,2002 -306- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) That pursuant to Council Policy 1-610, one time contributions be approved for provision of shared costs on a 50/50 basis for walkway fencing, as follows: a) b) property owner(s) of 70 Pinehurst Crescent (38.71 m of fencing) $628.90 property owner(s) of 84 Craig Drive (30.48 m of fencing) $506.11. That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute a Letter of Understanding with Hydro One Networks Inc. (H©NI), as attached to Community Services Department report CSD-02-141, to amend an existing Park License Agreement with Ontario Hydro, to provide for extension of an existing walkway for use by the City of Kitchener and the public across a Hydro corridor on H©NI lands from Hidden Creek Drive to connect with Victoria Street South. That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to enter into an encroachment agreement with the property owner of 230 Centennial Court (Ham-Let Canada Inc.) to allow a portion of the driveway entrance to Kolb Park to be located on the subject property. That subject to the satisfaction of the City Solicitor, the Mayor and City Clerk be authorized to execute an agreement with the Holy Trinity Serbian Orthodox Church Kitchener-Waterloo, as attached to Community Services Department report CSD-02-147, for provision of a Serbian Orthodox section and construction of a gazebo-like structure at Williamsburg Cemetery. That an application be made to the Alcohol and Gaming Commission of Ontario for an expanded Liquor License to include any new areas resulting from facility upgrades and to ensure license coverage for all areas within the Kitchener Memorial Auditorium Complex. 10. That subject to the satisfaction of the City Solicitor, the Special Events Facilitator be authorized to execute a License Agreement with the Word on the Street Canada Inc., as set out in Community Services Department report CSD-02-148, respecting a festival to be held in Victoria Park on Sunday, September 29, 2002. 11. That the 2000 Festival of Neighbourhoods capital improvement grant monies in the amount of $10,000. be released to cover the costs of proposed upgrades to the playground equipment located at Brubacher Green, as set out in Community Services Department report CSD-02- 131. 12. That funding be allocated from the 2002 Capital Contingency to purchase and install an automatic door opener on the door to the Family Washroom located on the main floor off the Rotunda area of Kitchener City Hall. 13. That Council support a bid to host the International 4 Nations Cup, Women's Hockey Championship, in November 2002; and, That the Mayor and Council host a VIP reception for competing teams and dignitaries; and further, That a one time grant in the amount of $2,500. be approved to cover the costs of the VIP reception. 14. That funding be allocated from the 2002 Capital Contingency in the amount of $100,000. to cover the cost of replacing two air handlers at the Forest Heights Pool; and further, That Forest Heights Pool be closed during the period of September 3 to October 1, 2002 to accommodate air handler removal and installation. COUNCIL MINUTES JULY 2, 2002 - 307 - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 15. CITY OF KITCHENER That funding be allocated to the Aquatics Division from the 2002 Capital Contingency in the amount of $30,000. to cover the cost of replacing one failed boiler at the Lyle Hallman Pool; and, That $125,000. be pre-approved to the Aquatics Division as a 2003 Capital allocation to cover the cost of upgrading the air handler ventilation system at the Lyle Hallman Pool; and further, That installation of the air handler ventilation system be undertaken during shutdown of the Lyle Hallman Pool from November 26 to December 7, 2002 in preparation for colder weather, with payment to be finalized in January 2003. 16. That the purchase of 14 global positioning systems (GPS) be approved for the City's fleet of salt trucks to achieve road salt reduction initiatives; and further, That reallocation of equipment purchases be approved, as set out in Community Services Department report CSD-02-143. 17. WHEREAS the Waterloo Region District School Board and the Waterloo Catholic District School Board previously provided use of school facilities to community groups at no charge; and, WHEREAS School Boards have available facilities that are not in use in evening hours; and, WHEREAS community groups and individuals benefit significantly through developmental opportunities as a result of participating in community based programs; and, WHEREAS community groups and individual residents do not have the financial capacity to pay for the use of these facilities; THEREFORE BE IT RESOLVED that the Ministry of Education be petitioned to provide the Waterloo Region District School Board and the Waterloo Catholic School Board the financial means to provide community non-profit groups with use of school facilities free of charge and that this resolution be circulated to local MP's, MPP's, the Association of Municipalities of Ontario and municipalities having a population of 100,000 or more. 18. That the request of the Waterloo Pentecostal Assembly to host a free community carnival at Elmsdale Park on July 17, 2002 from 1:00 p.m. to 10:00 p.m., be approved, subject to the following conditions: i) that all health and fire approvals be obtained prior to the event; ii) that a "Vehicle Over the Parkland" permit be obtained to allow vehicles access to the park, as required, for the set-up and removal of equipment; iii) that a Certificate of Insurance in the amount of $2,000,000., with the City of Kitchener designated as an Additional Insured, be obtained; and further, That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Waterloo Pentecostal Assembly for their community carnival event, between the hours of 1:00 p.m. to 10:00 p.m. on July 17, 2002. 19. That dual purpose space be established on the main floor of Kitchener City Hall to provide for a breastfeeding lounge as proposed by the "Growing Up Downtown" Working Group of the Kitchener Downtown Community Health Centre (KDCHC) and alternatively, to function as a wet bar facility for licensed events held at City Hall, as described in Community Services Department report CSD-02-148 and the attached cost summary and concept drawing; and further, COUNCIL MINUTES JULY 2, 2002 - 308 - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 19. CITY OF KITCHENER (Cont'd) That required funding be allocated from Capital Surplus. (Dealt with under Delegations and Carried.) 20. That subject to the National Golf Course Owners Association (NGC©A) officially withdrawing from the Ontario Municipal Board (OMB) process respecting the Doon Valley Golf Course expansion, the process for a level playing field approach, provision of annual financial statements and implementation of a monitoring committee for City of Kitchener Golf Operations, be adopted, as set out in Community Services Department report CSD-02-146 and in the attachment to the report entitled 'City of Kitchener Golf Operations - Response to Issues for Review and Discussion', dated revised June 16, 2002. (Dealt with under Delegations and Carried.) 21. That a 1998 invoice for ice time issued to the Kitchener Minor Hockey Association (KMHA) in the amount of $36,000. be forgiven; and, That room rental charges for the 2002 / 2003 season be waived for KMHA meetings, seminars and clinics at the Kitchener Memorial Auditorium Complex and Community Arenas; and further, That the financial relief granted above shall be subject to KMHA settling the balance of its outstanding ice time payments. (As Amended) 22. That the revised Minor Sport Affiliation Policy as attached to Community Services Department report CSD-02-136, be approved. (Dealt with under Delegations and Carried) FINANCE AND CORPORATE SERVICES COMMITTEE 1. That routine administrative changes to Council Policies, as referenced in Corporate Service Department report CRPS-02-163, be approved. 2. That the following Tax Arrears Mitigation Process be approved: a) That staff report to Council on a regular basis as to tax arrears by property class in the form of Appendix 'B' attached to Financial Services Department report FIN-02-032; and, b) That an application process be established whereby mortgagees may, for a fee, be provided with ongoing tax statements for properties for which they hold mortgages: Fee Schedule (i) 1 year application (ii) 2 or 3 year application (iii)5 year application $35.00 $45.00 $65.00;and, c) That a one year pilot project be established to offer owners of owner occupied single family residential units relief on the interest charged on their tax arrears, subject to the following conditions: (i) relief be offered to a maximum of 50% of interest charges on unpaid taxes from 2002 forward; COUNCIL MINUTES JULY 2,2002 -309- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) (ii) the number of applicants shall be limited so as not to exceed $100,000. in relief in 2002; and, that 'Needs Test' criteria be established in conjunction with a credit counselling agency, acceptable to the Financial Services Department from time to time, to ensure only those truly in financial need receive this benefit; and, d) That staff report to the Finance and Corporate Services Committee one year from implementing the interest relief pilot project, identifying the following: (i) an assessment of the benefits of the program; (ii) the administrative cost of the program; (iii)the financial impact of the program; and, (iv) the program's effects on payment behaviour; and further, e) That the Tax Arrears Mitigation Process commence in September 2002, and be announced in the September tax notices. 3. That installation of the temporary Kingsway Drive by-pass at Franklin Street be approved; and, That a request for re-imbursement be submitted to the Ministry of Transportation for all costs incurred by the City of Kitchener associated with the construction and removal of the by-pass; with staff to report at the August 12, 2002 Finance and Corporate Services Committee meeting as to the Ministry's response; and further, That staff's authority to enter into agreements with the owners of 1620 Franklin Street South and 2399 Kingsway Drive, relative to use of their lands for the temporary Kingsway Drive by- pass, as outlined in Development and Technical Services Department report DTS-02-147, be confirmed. That the new Council Policy resolution regarding and titled 'Summons to Witness - Independent Legal Advice - Councillors and Employees', attached to Corporate Services Department report CRPS-02-159, be approved. That the new Council Policy resolution regarding and titled 'Agreements - Resolutions - Authorization to Enter', attached to Corporate Services Department report CRPS-02-161, be approved. That pursuant to Section 255 of the Ontario Municipal Act, R.S.O. 1990, as amended, and Section 283 of the Municipal Act, R.S.O. 2001, one third of the remuneration paid to elected members of Kitchener Council continue as expenses incident to the discharge of their duties as Members of Council. That staff prepare a report for consideration at the August 12, 2002 Finance and Corporate Services Committee meeting outlining a recommended process for a review, by an Ad Hoc Citizen Advisory Committee, of compensation for the Mayor and Members of Council, said review to be in keeping with Council's resolution of January 29, 2001. HERITAGE KITCHENER- That consideration of Heritage Permit Application #2002-V-03, submitted by Drewlo Holdings Limited for the property known municipally as 530-540 Queen Street South, be further deferred and referred to the September 3, 2002 Heritaqe Kitchener meetinq and the subsequent City Council meetinq of September 16, 2002; and further~ That revisions to the Heritage Impact Assessment for 530, 540-560 Queen Street South, be provided to Heritage Kitchener no later than August 12, 2002. (Dealt with under Delegations and Carried, as Amended) JULY 2,2002 COUNCIL MINUTES -310- COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: CITY OF KITCHENER "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." Mayor C. Zehr previously disclosed a pecuniary interest in regard to a by-law to re-zone 137- 139 Hofstetter Avenue and abstained from all discussion and voting. Councillor C. Weylie previously disclosed a pecuniary interest in regard a by-law to implement a Designated Heritage Property Grant Program as she owns Designated Heritage Property and abstained from all discussion and voting. ADMINISTRATIVE REPORTS - 1. Heritaqe Easement Aqreement - 1597056 Ontario Ltd. It was resolved: "That the City enter into the Agreement dated June 25, 2002 with 1397038 Ontario Ltd. regarding a Heritage Easement Agreement for 5 Michael Street; and further, That the Mayor and Clerk be authorized to sign such Agreement, subject to the satisfaction of the City Solicitor." 2. Amendment - Licensinq Aqreement - Leo R. Seibel Limited It was resolved: "That the Mayor and Clerk be authorized to execute an agreement dated July 2, 2002 to amend the City's licensing agreement dated June 1, 1998 to permit Leo R. Seibel Limited at 31-33 Manitou Drive to encroach upon and use certain City land located on the former CN right-of-way at Manitou Drive." 3. Encroachment Aqreement - Market Square Parkinq Garaqe It was resolved: "That the Mayor and Clerk be authorized to execute an encroachment agreement with the registered owner(s) of the property described as Parts 3 and 5 on Reference Plan 58R-488 and municipally known as 49 Frederick Street to legalize part of the existing parking garage as it encroaches into the Duke Street East road allowance." 4. Various Tenders Dealt with under Delegations. 5. Committee of Adjustment Decisions - Various Council was in receipt of minutes and other background information from J. Billett, Secretary-Treasurer, Committee of Adjustment, regarding the meeting held June 18, 2002. It is noted that the recommendations in regard to Submission Nos. FN 2002-007 and FN 2002-008 were dealt with under delegations. With respect to Submission No. FN. 2002-006, Council was advised a portion of the subject fence encroaches on City property, and into the 4.5 m daylight visibility triangle adjacent to the existing driveway. In this regard, electronic mail dated July 2, 2002, from L. MacDonald recommended the approval be subject to an encroachment agreement, should staff determine one to be advisable. Ms. MacDonald also recommended the portion of the fence located in the daylight visibility triangle be COUNCIL MINUTES JULY 2,2002 -311- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Committee of Adiustment Decisions - Various - (Cont'd) modified, to the satisfaction of staff. Council generally agreed to amend the recommendation in this regard. It was resolved: "That subject to an encroachment agreement being available with respect to that portion of the fence encroaching onto City property, the application of Jorge Ruth (Submission No. FN 2002-006) requesting permission to legalize an existing wooden fence 1.82 m (6 ft.) in height only for that portion of the fence running along the rear lot line parallel to Baird Avenue to a point southerly up to the side lot line, on Part Lot 9, Registered Plan 1307, 60 Baird Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the fence shall be modified, to the satisfaction of City staff, to accommodate the daylight visibility corner and subject to staff's review and support of the encroachment of a portion of the fence on City property, the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor with the registered owner of 60 Baird Avenue to legalize the encroachment of a portion of the existing fence running along the side lot line parallel to Bettley Crescent onto City property. 6. Appointment - Alternate Member - Committee of Adjustment Council was in receipt of Corporate Services Department report CRPS-02-167 (J. Billett), dated June 25, 2002, recommending the appointment of a former member of the Committee of Adjustment as an alternate for the July 23, 2002 meeting. It was resolved: "That Mr. Alex Galloway of Dryden Smith & Head Planning Consultants Ltd. be appointed as an alternate member of the Committee of Adjustment for the meeting to be held on Tuesday, July 23, 2002." 7. Provincial Lottery Licence - Kitchener-Waterloo Symphony Council was in receipt of Corporate Services Department report CRPS-02-168 (J. Koppeser), dated June 25, 2002, advising of no objection to the issuance of a Provincial lottery licence to the K-W Symphony. It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Kitchener-Waterloo Symphony, 101 Queen St. N., Kitchener, Ontario, N2H 6P7, to conduct the '2002/2003 KVVS Masterpiece Lottery' on February 22, 2003, in the City of Kitchener, which will also include a series of 'Early Bird' draws." 8. Letter of Aqreement - Canadian Red Cross Council was in receipt of Community Services Department report CSD-02-155 (D. Wittig/F. Pizzuto), dated June 27, 2002, recommending execution of a Letter of Agreement regarding the provision of Red Cross First Aid and Water Safety Services Programs by the Corporation. JULY 2,2002 COUNCIL MINUTES -312- COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 8. Letter of Aqreement - Canadian Red Cross - (Cont'd) It was resolved: CITY OF KITCHENER "That the City enter into the Letter of Agreement dated July 3, 2002 with the Canadian Red Cross regarding the City's ability to be an authorized provider of Red Cross First Aid and Water Safety Services Programs; and further, That the Mayor and Clerk be authorized to sign such Letter of Agreement, subject to the satisfaction of the City Solicitor." 9. Aqreement - Borehole Testinq - Hall's Lane in Vicinity of 709 Kinq Street East Council was in receipt this date of Corporate Services Department report CPRS-02-170 (L. MacDonald), dated June 28, 2002, recommending execution of an agreement to permit drilling of test holes. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with the owner(s) of the property municipally known as 709 King Street East to permit drilling of test holes in Hall's lane in the vicinity of 709 King Street East, Kitchener." 10. Adult Entertainment Parlour Attendant Licence Council was in receipt this date of Corporate Services Department report CRPS-02-175 (J. Koppeser), dated July 2, 2002, recommending the granting of a licence. It was resolved: "That Emily Strong, employed at 2271 Kingsway Drive (Phoenix), Kitchener, be granted a 2002 Adult Entertainment Parlour Attendant Licence.' 11. Permanent Vendor/Place of Refreshment Licences - 55 Kinq Street West Council considered an application discussed in-camera earlier this date. It was resolved: "That Emilia Lacko be granted 2002 Permanent Vendor and Place of Refreshment Licences for a restaurant at 55 King Street West." 12. Applications for Consent B2001-048 to B2001-050 - Pinnacle Drive - Blocks 10 & 11, Reqistered Plan 1480 Council was in receipt this date of Corporate Services Department report CRPS-02-171 (L. MacDonald), dated July 2, 2002, with respect to the conveyance of a portion of Reserve Block 11, Registered Plan 1480, and consent to the development of a portion of Block 10, Registered Plan 1480, both in connection with Applications for Consent B2001-048 to B2001-050. It was resolved: "That Council consent to a conveyance to the adjacent property owner(s) of that portion of Reserve Block 11, Registered Plan 1480 that abuts the lands that are the subject of Applications for Consent B 2001-048 to B 2001-050; and further That, notwithstanding Section 56. of the Residential Subdivision Agreement registered as Instrument No. 674413, Council consent to the development of a portion of Block 10, JULY 2,2002 COUNCIL MINUTES -313- COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 12. CITY OF KITCHENER Applications for Consent B2001-048 to B2001-050 - Pinnacle Drive - Blocks 10 & 11, Reqistered Plan 1480 - (Cont'd) Registered Plan 1480, namely the lands that are the subject of Applications for Consent B 2001-048 to B 2001-050."