HomeMy WebLinkAboutCouncil Minutes - 1999-04-19COU NCI L\1999-04-19
COUNCIL MINUTES
APRIL 19, 1999
CITY OF KITCHENER
The Council of the City of Kitchener met this date with all members present.
The meeting began with the singing of "O Canada" by the Rockway Seniors Glee Club. Councillor M.
Yanti thanked the Choir for their rendition of the National Anthem this date and remarked on the tradition
of Rockway's Choral singing.
On motion by Councillor G. Lorentz, the minutes of the regular meeting held on March 29, 1999 and
special meetings held on March 29 and April 12, 1999, as mailed to the Mayor and Councillors, were
accepted.
For the record, it is noted that Councillor J. Haalboom disclosed a pecuniary interest and abstained from
all discussion concerning a matter subject to solicitor-client privilege discussed by Council in camera on
April 12, 1999.
COMMUNICATION REFERRED DIRECTLY TO FILE -
(1)
Letter dated April 1, 1999 from the City of Guelph endorsing Kitchener Council's resolution of
February 1, 1999 concerning liability as a result of Year 2000 and computer program
breakdowns.
Mr. Ken Cenerelli, Chair of the Environmental Committee's Earth Day Planning Sub-Committee
appeared before Council to outline the details of Earth Day activities planned for April 22 at Kitchener
City Hall. He referred to a brochure itemizing the day's activities that had been distributed to members of
Council. At this point, Mr. D. Snow provided details respecting Kitchener Transit activities in support of
Earth Day. He pointed out that 2,500 brochures had been distributed in the City, each containing two
free transit tickets as a promotional event to build ridership and reduce the use of private vehicles. He
also noted that a natural gas bus would be on display at City Hall on Earth Day and that a demonstration
would take place on King Street involving 48 people illustrating the spatial requirements of 48 vehicles
as compared to one Kitchener Transit bus to emphasize the benefits of public transit.
Mr. Cenerelli commented on the following activities that would take place on Earth Day at City Hall:
Display of the new Toyota Prius gas/electrical powered vehicle, film presentations, tours of the
environmental features built into the City Hall facility, unveiling of the environmental home page,
presentations by several speakers on various topics and approximately 35 displays will be set up on the
main floor of City Hall.
In conclusion he extended an invitation to Council and members of the public to attend the events.
Mayor C. Zehr thanked Mr. Cenerelli and the Environmental Committee for undertaking this event.
Councillor Jake Smola, Chair of the Environmental Committee also extended appreciation to Mr.
Cenerelli for his work and to various members of City staff. Councillor J. Haalboom referenced the
Trees for the Future Program that was being unveiled. At her request Mr. T. Clancy commented that the
program had been developed in response to Council's request that a permit system for tree removal be
investigated. He noted that a permit system had been discarded in favour of a different approach having
a target to plant 25,000 trees over 5 years on private property.
Mr. Ken Lund, President, International Society of Arboriculture, Ontario Chapter, appeared as a
delegation to present a plaque representing the Society's 1999 Award of Merit to the City of Kitchener
for advancing the principles, ideals and practice of arboriculture in Ontario. He commented on the
commitment to excellence that the City had shown in its Tree Protection and Tree Management
Programs. Mayor C. Zehr accepted the Award on behalf of the City.
Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any questions concerning the
tenders listed on the Committee of the Whole agenda of this date. Council was advised that two
additional tenders were being added for consideration this date; namely, consultant services for the
Block Line Road Location Study and a tender for Concrete Sidewalk and Curb Construction and Repair.
Councillor T. Galloway referred to Tender T99-017 requesting if warranty was part of the specification
and Mr. L. Gordon advised that an extended warranty was asked for as an optional item. Councillor
Galloway also questioned the specification with regard to item 1 of Tender T99-030 and Mr. Gordon
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APRIL 19, 1999
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advised that the tender did have a width requirement. Councillor J. Ziegler questioned if two identical
bids were received regarding item 2 and Mr. Gordon advised that the summary contained a typing error.
Moved by Councillor G. Lorentz
Seconded by Councillor J. Ziegler
"That tender T99-017, Hydrostatic Utility Tractor, be awarded to Toromont Cat., Cambridge at
their tendered price of $97,652.00 plus G.S.T. and P.S.T. and optional lube and oil changes
through the warranty period at $570.00 plus G.S.T and P.S.T."
-and-
"That T99-030 Tuff Equipment be awarded as follows:
Item # 1 - One (1) Three point hitch tractor pulled reciprocation aerator, be awarded to
Podolinsky Equipment, Petrolia, Ontario at their tendered price of $18,500.00 plus G.S.T. and
P.S.T.
Item # 2 - One (1) 79.2 KW (106 net hp) tractor complete with mounted flail mowing system
with two 2,235mm (88") hydraulically driven wing mowers and one 2,235mm (88") PTO driven
rear mower, to Coleman Equipment Inc, New Dundee at their tendered price of $86,221.00
plus G.S.T. and P.S.T.
Item # 3 - Tow (2) 3-point hitch 7 gang rotary mowers, to G.C. Duke Equipment Limited,
Burlington, Ontario at their tendered price of $ 39,800.00 plus G.S.T. and P.S.T.
Item # 4 - One self propelled diesel powered, all wheel drive, hydraulic 5-gang sportsfield
rotary mower to G.C. Duke Equipment Limited, Burlington, Ontario at their tendered price of
$55,995.00 plus G.S.T. and P.S.T."
-and-
"That tender T99-039- Supply of Natural Gas Steel Pipe, be awarded to Comco Pipe and
Supply of Guelph at their tendered price of $72,785.50., plus G.S.T. and P.S.T."
-and-
"That Tender T99-027 - Supply of Hot Mix Asphalt, be awarded to Forwell Limited, Kitchener
and Kitchener Asphalt Limited, Kitchener at their tendered unit prices."
-and-
"That Tender T99-028- Asphalt Emulsions, be awarded to McAsphalt Ind. Inc., Toronto,
Ontario at their tendered price of $81,926.87 plus G.S.T. and P.S.T."
-and-
"That Tender T99-029, Supply of Miscellaneous Aggregates, be awarded to Forwell Limited,
Kitchener, Warren Bithulithic Limited, Kitchener, Kieswetter Holdings Limited, Kitchener, Preston
Sand & Gravel, Kitchener and Lafarge Construction Materials, Guelph at their tendered unit
prices, plus G.S.T. and P.S.T."
-and-
"That Tender T99-001 - Concrete Sidewalk and Curb Construction and Repair be awarded to
410754 Ontario Limited O/A Sousa Concrete, at their tendered price of $452,027.92. (Including
G.S.T. and P.S.T.)"
-and-
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"That Expression of Interest E99-033, Consultant Services - Block Line Road Location Study, be
awarded to Delcan Corporation, Kitchener, at their estimated fee of $78,000., plus G.S.T., based
on a satisfactory contract being negotiated and an upset fee being established, and further that
the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City
Solicitor."
Carried.
Mr. Paul Dietrich appeared as a delegation in support of clause 1 of the Planning and Economic
Development Committee report.
Councillor C. Weylie introduced clause 1 of the Planning and Economic Development Committee
report and on motion by Councillor C. Weylie, seconded by Councillor M. Yantzi, it was agreed to
amend Condition B.2 by inserting the words "which may be renumbered" after the words "special
conditions".
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That clause #1, as amended, of the report
Committee of this date be adopted."
of the
Planning and Economic Development
Carried.
Mr. Randy Mullin appeared as a delegation on behalf of ParticipACTION, Toronto, to provide a
presentation and submit a request in regard to the Trans Canada Trail Relay 2000 initiative being
undertaken as a Canadian Millennium Celebration event. A video promoting the Trans Canada Trail
Network was then shown and reference was made to the numbers of volunteers, government and
corporate partners involved and multi-use purposes of the Trail. Mr. Mullin stated that his purpose
was to present the concept that will be taking place next year and to assist communities in whatever
they could with respect to building additional trail network. He invited the City of Kitchener and its
residents to get involved in the program and pointed out that key individuals in the community will be
required to develop events. Council was asked to endorse the proposal as one of the City's
millennium events and it was noted that the walk would come through Kitchener sometime in the
latter part of August. In response to Councillor B. Vrbanovic, he advised that the only thing being
asked for was non-financial City support of the event.
Ms. Lorna Ferguson of the Millennium Steering Committee was in attendance and indicated that the
Committee was willing to investigate the proposal further. Mr. T. Clancy commented on the Trans
Canada Trail Network and indicated that trail links within Kitchener had yet to be completed.
Moved by Councillor T. Galloway
Seconded by Councillor B. Vrbanovic
"That the request of ParticipACTION, Toronto to endorse the Trans Canada Trail Relay 2000
as one of the City of Kitchener's official millennium celebrations be endorsed and forwarded to
the local Millennium Steering Committee for its consideration."
Carried.
Moved by Councillor B. Vrbanovic
Seconded by Councillor T. Galloway
"That this council reconsider its March 29, 1999 resolution in which it decided to take no action
on the request of the Volunteer Action Centre of K-W & Area for a facility rental grant, in the
mount of $409 for rental of the City Hall Rotunda on April 18, 1999."
Carried with the required two-thirds majority of members present.
A representative of the Volunteer Action Centre appeared as a delegation and noted that this week
was National Volunteer Week and that their kick-off event was held April 18. She stated that the
Centre hoped to receive a grant to cover its rental of the City Hall Rotunda.
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Moved by Councillor B. Vrbanovic
Seconded by Councillor T. Galloway
"That we approve a facility rental grant for the Volunteer Action Centre of K-W & Area in the
amount of $409 towards the cost of rental of the City Hall Rotunda on April 18, 1999; and
further,
That staff investigate the possibility of partnering with the Volunteer Action Centre for National
Volunteer Week Celebrations in the Year 2000, and failing that possibility, ensuring that the
Volunteer Action Centre is able to plan this into their annual grant."
Carried
Ms. Pam Cressman and Mr. Randy Kalan, Kitchener Fire Department, appeared as a delegation to
make presentations on the Waterloo Region Arson Prevention Program for Children (WRAPP-C) and
the Fire Education Centre. Videos of each of the two initiatives were shown to assist in explanation of
the programs. Ms. Cressman commented on the WRAPP-C and provided statistical data respecting
the annual number of fires involving children. The video illustrated film footage provided by CKCO
T.V. promoting the program and made reference to the acts by children and the consequent outcome
and effects on people as a result of children starting fires. Program activity to address the problem
was then explained. Mr. Kalan pointed out that the fire service was not just a reactive one and took
the initiative to participate in development of the Fire Education Centre that opened in October, 1997
adjacent to the Waterloo Region Police building on Maple Grove Drive. He noted that it was
supported by local Fire Departments and the School Board and contained an interactive area. A short
video was shown outlining the Children's Safety Village and Fire Prevention Centre and emphasizing
its usefulness as an interactive teaching tool. Mr. Kalan indicated that $60,000 of the $610,000
construction cost was still outstanding.
The members of Council expressed their appreciation to the delegation for the efforts made by the
Fire Prevention personnel and the Fire Department in respect to these matters. Councillor K. Taylor-
Harrison questioned how the WRAPP-C was funded and was advised that each local Fire
Department provides budget support and undertakes fund-raising. Councillor Jake Smola questioned
if the Fire Department could prepare a report documenting how much is spent on fire prevention and
Fire Chief J. Hancock indicated that this information would be prepared. Councillor G. Lorentz noted
that it be kept in mind that fire prevention activities were only one part of a package of service
provided by the Fire Department.
Mr. Larry Gilmour, Kitchener Minor Soccer and Mr. C. Robertson, Robertson Amusements were in
attendance in support of clause 5 of the Finance and Administration Committee report dealing with a
midway at 1001 Ottawa Street South. The delegation advised that since the April 12 Committee
meeting it obtained a signed agreement from the Westmount Funeral Home as well as their
agreement to remove some of the fencing by the Home and also have verbal agreement to the
undertaking from the Tim Hortons Coffee Shop and the Price Chopper Grocery Store. In addition, it
was pointed out that notification letters had been circulated to area residents and that most enquiry
calls received were related to removal of garbage from the site. It was also pointed out that the
undertaking will be subject to final inspection by Kitchener Minor Soccer officials. Councillor T.
Galloway indicated that based on the information provided he would withdraw his objection to the
midway for this year.
Moved by Councillor J. Ziegler
Seconded by Councillor K. Taylor-Harrison
"That clause 5 of the Finance and Administration Committee report be adopted."
Carried.
Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, appeared as a delegation along with a
number of individuals to oppose clause 5 of the Planning and Economic Development Committee
report which would defer and refer consideration of a Municipal Plan Amendment, Zone Change and
Subdivision Application to the May 10 Planning and Economic Development Committee meeting. Mr.
Britton referred to his April 16 correspondence circulated to members of Council with their agenda
material and pointed out that he had tried to address several of the questions of concern raised at the
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April 12 meeting of the Planning and Economic Development Committee. In his memorandum, Mr.
Britton addressed two key issues of concern and provided a detailed response to other issues raised
at the Committee meeting commenting on traffic issues, the issue of dedication of the floodplain to
the City of Kitchener, future use of the Kiwanis park lands and school site location, fire station/fire
response to the community and the Bill Green concept sketch. In reference to the two major issues of
concern, he firstly dealt with Woolwich Street and requested deletion of the words "save and except
for gravity sanitary sewer, and save and except for curb, gutter, sidewalk and boulevard trees on the
west side of the street" from Condition 61 of both subdivisions. This revision modifies Condition 61 so
that upgrade to Woolwich Street would be a developer responsibility. On the second issue relative to
the minor collector road adjacent to Mr. Sienna's property, he suggested that it be deferred from the
Municipal Plan Amendment at this time noting that the two subdivisions do not propose or require the
construction of the minor collector road adjacent to Mr. Sienna's property and that it can be resolved
in conjunction with a future subdivision submission. At this time, he distributed a letter dated April 19,
1999 from the Region of Waterloo dealing with the requirement for traffic control signals at the
intersection of Bridge Street and Bridle Trail. Regional staff request that Regional Condition 3 be
deleted and replaced with the following wording as follows: "that the owners of 30T-97005 and 30T-
98205 be required to complete a Traffic Impact Study for the intersection of Bridge Street and Bridle
Trail and implement the results of the study prior to final approval of the plan". In conclusion, Mr.
Britton requested Council support for approval of the subdivisions noting that they were at a critical
stage and any delay relative to processing would set back required time line objectives.
Councillor T. Galloway stated that he still did not understand the reasoning outlined in Mr. Britton's
letter respecting the school site location. Mr. Britton indicated that there was a strong desire to locate
an active area adjacent to the community and that the Park and School were therefore located central
to the community. Also in response to Councillor Galloway's concern regarding the sanitary sewer
issue, Mr. Britton commented on the serious design constraints that were faced. Councillor Galloway
noted that it was possible the school might never be built and suggested that if that was the case it
would be better to locate the park adjacent to Kiwanis Park; however, Mr. Britton maintained that the
location of the park was preferable, more central to the community. In reference to the stub roads,
Councillor Galloway questioned if the applicants would prefer the City took a one foot reserve rather
than have the roads built and Mr. Britton indicated that the applicants were flexible in respect to this
issue. Councillor Galloway then turned to the floodplain lands and questioned what assurances the
City had that the golf course would actually develop and if the City would have an opportunity to
acquire the floodplain lands. Mr. Britton pointed out that public access was assured pending
recreational development of the floodplain and that it was the applicant's intent to resolve the
ownership issue and proceed with a golf course development.
Councillor C. Weylie stated that she had concern with regard to residents on Woolwch Street and
along the river as to the sewage and water issues dealt with in the subdivision applications. Mr.
Britton noted that with the changes proposed, they were deleting the exemption pertaining to gravity
sanitary sewer so as to require that it be provided. On the matter of water service, the developer
would ensure that water supply was available to the nine properties south of Kestrel Place outside of
the subdivision plan. He also commented that with future subdivisions sanitary sewer service would
be available to those properties in the future. In summary he advised that all the properties on
Woolwich Lane would have the benefit of watermain and that the developer would make an
allowance to the residents for individual hookups and that sewer service would be available at a later
date at their hookup cost. Councillor C. Weylie asked that comment be made with respect to these
subdivisions given that a community plan did not exist. Mr. Britton responded as to generally what a
community plan was and pointed out that a planning process had been undertaken involving
community liaison and that the two subdivisions had been processed together in a co-ordinated
fashion. It was his view that what had taken place was in fact a community plan process. Councillor
Weylie questioned if sidewalk would be installed on Woolwich Street and Mr. Britton advised that the
sidewalk would commence at 177 Woolwich Street and extend to Kiwanis Park Drive and to Kiwanis
Park. He pointed out that under the revisions proposed, Woolwich Street would be upgraded on both
sides. Councillor Weylie questioned if there was any time allowed for residents to have further
discussions respecting the plans and Mr. Britton noted that many of the residents comments and
concerns could be entertained during planning for future plans of subdivisions yet to come forward.
Councillor John Smola noted that the applicant has indicated a desire to get involved with the City in
respect to the golf course proposal and suggested that a resolution might be considered giving
approval in principle to direct staff to negotiate with the owners on the golf course proposal.
Councillor J. Haalboom referred to the park location and Mr. Britton commented that the
neighbourhood submission with respect to the park was more of a link than an active park. In
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response to Councillor C. Weylie, Fire Chief J. Hancock advised that the Guleph Street fire station
would be relocated closer to this area in late 1999.
Mr. Murray Dick appeared as a delegation representing a number of area residents to request that
Council approve clause 5 of the Planning and Economic Development Committee report
recommending deferral and referral to the Committee's May 10 meeting at which time the Municipal
Plan Amendment, Zone Change and Subdivision Applications in Bridgeport North would be further
considered. A lengthy submission dated April 13, 1999 was distributed to members of Council with
their agenda. Mr. Dick asked that members of Council have regard to the issues pointed out in his
correspondence and stated that they were very important to the residents. As to issues of concern, he
advised that the proposal had the potential to leave some residents without water and that the road
elevation would have a significant impact on Mr. Sienna's property. He pointed out that many issues
were raised at the neighbourhood liaison committee meetings such as setback and traffic, and were
still outstanding. As well, new concerns were raised at the April 12 Planning and Economic
Development Committee meeting.
Councillor T. Galloway referred to the possible deterioration of septic systems serving properties on
both Woolwich Street and Woolwich Lane. Mr. Dick expressed concern with respect to the easement
issue outlined in the Condition 87 revision proposed by staff as to the water supply solution and
raised the question as to what would happen if sewage fails.
Mr. Steve Vogel appeared as a delegation to support the deferral recommendation in clause 5 of the
Planning and Economic Development Committee report and to preserve his right of appeal to the
Ontario Municipal Board respecting these applications. He stated that his concerns respecting issues
involving traffic and accessibility of emergency services were previously stated and still apply. He
noted that Mr. Britton in promoting his arguments, makes assumptions that the Wellington Street
bridge over the Grand River would be in place, but it was his view that the bridge may never be built.
He indicated that he had no further comments to make, but stated that if the matter was deferred as
recommended, he would have other questions to raise relative to the applications.
Fire Chief J. Hancock responded to the emergency services issues raised and advised that the
Guelph Street fire station would be relocating six or seven blocks closer to the subject area and would
be located on a major arterial to improve response times. Further, he noted that the subdivisions plan
were being monitored with direct-to-fire alarm service and it was his view that fire prevention
response time should be excellent. Finally, he noted that the staff complement in the new fire station
would increase from four to six operating two vehicles instead of one.
No other delegations were registered regarding these matters.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That clause 5 of the report of the Planning and Economic Development Committee be
adopted."
Councillor John Smola indicated that he previously had a number of concerns regarding the
applications as they relate to sanitary sewer service, water supply and upgrade of Woolwich Street.
He advised that these concerns have all been addressed and he was now in support of the
subdivision applications proceeding. He commented that some of the other issues of concern could
be dealt with in later subdivision applications. On the issue of fire service emergency response, he
asked that fire officials prepare an operational review as information for Council. Councillor Jake
Smola stated that he was opposed to deferral given that the concerns of the Ward Councillor were
now satisfied.
The motion of Councillor C. Weylie, seconded by Councillor M. Yantzi to adopt clause 5 of the
Planning and Economic Development Committee report was put to a vote and Lost.
At this point Council determined that it would proceed to deal with the Municipal Plan Amendment for
Bridgeport North and related applications for Zone Change and Subdivisions. In this regard, the
recommendations outlined in Business and Planning Services Staff report BPS 98/153 were
considered along with the revisions requested by staff on the two page outline dated April 12, 1999
that was submitted at the April 12 Planning and Economic Development Committee meeting; the
requests outlined in the April 16 correspondence from Mr. P. Britton; the request outlined in the April
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19 correspondence from the Regional Municipality of Waterloo relative to Regional Condition 3 in
each Plan of Subdivision; and the revised zoning by-law dated March 12, 1999 which was revised as
to form only and distributed at the April 12 Committee meeting.
Councillor John Smola referred to the existing homes on Woolwich Lane and stated that it was in
everyone's best interest to have the properties hooked up to municipal sewage service. Councillor T.
Galloway expressed concern respecting the perception that a road stub that led into Kiwanis Park
would leave and suggested that a one foot reserve be placed across the stub. It was noted that Mr. T.
Clancy commented that underground services in the stub could be installed but curbs could be rolled
outward. On motion by Councillor T. Galloway, seconded by Councillor J. Ziegler, it was agreed to
revise Report BPS 98/153 with respect to Condition B 1 by changing the 0.3 metre reserve reference
to read as Blocks 52-58 rather than 52-57 and thereby provide for a one foot reserve across
Falconridge Drive at its entry point to Kiwanis Park.
Councilor T. Galloway questioned the status of the easement and the impediment that could affect it
and Mr. P. Britton advised that the provision of the easement through the subdivider rested in the
private property owners' hands. In response to Councillor Galloway, Mr. J. Shivas advised that
Council would have the power to expropriate necessary easements in appropriate circumstances.
Councillor C. Weylie referred to Condition 87 of Subdivision 30T-97005 and suggested that the
connection allowance provided to the nine property owners should be 100% of the cost. On motion by
Councillor C. Weylie, seconded by Councillor John Smola, it was agreed to revise Condition 87 to
provide allowance of 100% of the cost of connecting the water service to each of the nine dwellings.
On motion by Councillor John Smola, seconded by Councillor C. Weylie, it was agreed to revise
Regional Condition 3 in each Subdivision in accordance with the request received in the April 19,
1999 correspondence from the Region of Waterloo.
On motion by Councillor John Smola, seconded by Councillor Jake Smola, it was agree to revise the
recommendations set out in Staff Report BPS 98/153 by incorporating the revisions to various
conditions of both subdivision applications as outlined in the two page report dated April 12, 1999
from J. Willmer.
Also on motion by Councillor John Smola, seconded by Councillor Jake Smola, it was agreed to
revise Condition 61 of both subdivision applications by deleting the words "save and except for gravity
sanitary sewer, and save and except for curb, gutter, sidewalk and boulevard trees on the west side
of the street" and to add a new recommendation providing that the Council of the City of Kitchener
request the Regional Municipality of Waterloo to defer the minor collector road (Falconridge Drive) as
shown on Revised Map 4 "transportation" from the Municipal Plan Amendment.
Moved by Councillor John Smola
Seconded by Councillor Jake Smola
"That the Planning and Economic Development Committee report be amended to include the
full text of a new clause numbered as clause 8 approving the recommendations outlined in
Business and Planning Services Staff Report BPS 98/153 subject to inclusion of the following:
changes outlined in the April 12, 1999 document prepared by J. Willmer pertaining to
Conditions 65, 76, 87, 91 & 92 of Subdivision 30T-97005 and to Condition 65 of
Subdivision 30T-98205.
· a revised Zoning By-law dated March 12, 1999 changed in respect to form only.
revisions contained in Mr. P. Britton's April 16,
wording deletion with respect to Condition 61
Subdivision 30T-98205.
1999 correspondence requesting
of Subdivision 30T-97005 and
revision to Condition 87 of Subdivision 30T-97005 to include reference to 100% of
the cost of connecting the water service to the dwellings referred to and to Condition
B 1 to implement a one foot reserve on the street stub (Block 58) that would enter
Kiwanis Park.
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revision to Regional Condition 3 of Subdivision 30T-97005 and Subdivision 30T-
98205 in accordance with the April 19, 1999 correspondence from the Regional
Municipality of Waterloo.
· addition of item (G) to the recommendation providing for deferral of the minor
collector road (Falconridge Drive) from the Municipal Plan Amendment.."
Carried·
Moved by Councillor John Smola
Seconded by Councillor Jake Smola
"That Mr. T. Clancy be directed to consider the matter of a golf course
Bridgeport North and report to the Community Services Committee."
development in
Carried.
Councillor J. Haalboom pointed that at the April 12, 1999, Planning and Economic Development
Committee meeting staff had been asked to study various outstanding issues regarding the
Bridgeport North subdivisions, and Mayor C. Zehr advised that based on information provided this
date, Council had dealt with most issues including the major ones and that remaining minor issues
could be addressed as part of consideration of future subdivision applications.
A delegation was in attendance with respect to a memorandum dated April 16, 1999, from G.
Anderson pertaining to an offer to lease 1464 Victoria Street North.
Moved by Councillor B. Vrbanovic
Seconded by Councillor G. Lorentz
"That the City accept an offer from Frank and Brian Burkhardt to lease the easterly ¼ of 1464
Victoria Street North, Kitchener, comprising approximately 2,400 square feet at a rent of
$1,800.00 per month plus utilities. The lease is for a 23 month duration from May 1, 1999, until
March 31,2001. The proposed use is automotive repair and sales."
Carried·
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That the report of the Planning and Economic Development Committee of this date be adopted."
Voted on clause by clause.
Clause 1 - Dealt with under Delegations and
Carried as Amended·
Clause 5 - Dealt with under Delegations and
Motion Lost.
Clause 8 - Dealt with under Delegations and
Carried.
Balance of report - Carried.
Moved by Councillor G. Lorentz
Seconded by Councillor T. Galloway
"That the report of the Community Services Committee of this date be adopted."
Carried·
Moved by Councillor Jake Smola
Seconded by Councillor J. Haalboom
"That the report of the Environmental Committee of this date be adopted."
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Councillor Jake Smola expressed appreciation to the individuals who were responsible for putting on the
Clean Air Festival that resulted in formulation of the City's Clean Air Plan.
The Environmental Committee report was then put to a vote and Carried.
Moved by Councillor J. Ziegler
Seconded by Councillor K. Taylor Harrison
"That the report of the Finance and Administration Committee of this date be adopted.
Councillor B. Vrbanovic requested that Clause 8 be dealt with separately as he had a pecuniary interest
in respect to Action Objective 1.6 as his wife is employed by the City. Councillor G. Lorentz referred to
Clause 11 respecting the sale of surplus fire station sites and suggested that these sites might represent
an opportunity to locate regional ambulance services within them. Councillor T. Galloway commented
that the Region did not have a mandate to undertake substation development; however, Councillor
Lorentz stated that he was simply suggesting that the Fire Chief contact the Regional Ambulance
Coordinator to make them aware of the availability of these sites and determine if there is interest in
acquiring them. Following further discussion, Mr. J. Shivas advised that public agencies including the
Region would be made aware of the availability of the surplus lands and buildings as part of the usual
notification procedure to such organizations.
Councillor M. Yantzi referred to the second part of Clause 9 and suggested that there was no need to
provide such direction and that this had been the Committee's intent. The Mover and Seconder of the
report agreed to accept Councillor Yantzi's suggestion to delete the second part of Clause 9 as a friendly
amendment.
The report was then put to a vote.
Voted on clause by clause.
Clause 5 - Dealt with under Delegations and
Carried.
Clause 8 - Carried.
Clause 9 - Carried, as amended.
Balance of report - Carried.
Recorded Pecuniary Interest
Clause 8 - Councillor B. Vrbanovic in respect to
Action Objective 1.6 as his wife is employed by
the City of Kitchener.
Moved by Councillor J. Haalboom
Seconded by Councillor T. Galloway
"That the report of Heritage Kitchener (L.A.C.A.C.) of this date be adopted."
Carried
Moved by Councillor John Smola
Seconded by Councillor B. Vrbanovic
"That report of the Public Works and Transportation Committee of this date be adopted."
Mr. D. Snow referred the Committee to clause 3 of the report and advised that the time lines with respect
to removal of the Ottawa Street bridge over the Conestoga Parkway had changed and as a result the
implementation dates of the detours referred to in clause 3 should be changed in each case to refer to
the date Monday, May 24, 1999. On motion by Councillor John Smola, seconded by Councillor B.
Vrbanovic, it was agreed to amend clause 3 in accordance with the request of Mr. D. Snow.
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APRIL 19, 1999
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CITY OF KITCHENER
Also in respect to clause 3 of the report a motion by Councillor B. Vrbanovic, seconded by Councillor
John Smola, was accepted as a friendly amendment that would provide for a temporary all-way stop at
the intersection of Ross Avenue and Wilfred Avenue.
The report was then put to a vote.
Voted on clause by clause.
Clause 3 - Carried, as amended.
Balance of report - Carried.
Mayor C. Zehr advised that as a result of a special Committee of the Whole meeting held earlier this
date, it was being recommended that a public meeting be held on May 19,1999 regarding
rationalization/regionalization of municipal services.
Moved by Councillor G. Lorentz
Seconded by Councillor B. Vrbanovic
"That a public meeting be held at Kitchener City Hall on May 19, 1999 at 7 p.m. to hear
comment from the citizens of Kitchener on the various documented proposals put forward to
date in regard to reform initiatives involving the rationalization/regionalization of municipal
services."
Carried.
Moved by Councillor G. Lorentz
Seconded by Councillor B. Vrbanovic
"That Council authorize 1330787 Ontario Inc. O/A Serendipity Productions to film scenes for
the movie "Bad Days" at Kitchener City Hall, the Bramm Street Yards, various City streets and
in the former Goudies building provided satisfactory insurance has been obtained and waivers
containing conditions satisfactory to the City Solicitor have been executed."
Carried
Councillor M. Yantzi raised the issue of an addition to the Korova Caf~ and advised that consideration
was being given to ways that would minimize costs of the addition and expedite construction as well.
Moved by Councillor M. Yantzi
Seconded by Councillor J. Haalboom
"That the Facilities Management Division act as Project Manager relative to the proposed
addition to the Korova Caf~.
Carried
Councillor Jake Smola advised that he was tabling a report PD 81/77 dated July 18, 1977 prepared
by Regional staff for the Regional Planning and Development Committee. The report deals with Noise
Exposure Forecast (NEF) Contours for Waterloo-Wellington Airport Area. He pointed out that the
report besides dealing with NEF Contours also deals with "People Contours" and requested that the
document be referred to the Department of Business and Planning Services for comment. Specifically
he questioned if the People Contours data in the document could be integrated into the planning
process.
Councillor J. Ziegler noted that Ms. Karen Firmi had resigned her appointment to Waterloo Regional
Airport Committees and it was necessary to fill the vacancy.
Moved by Councillor J. Ziegler
Seconded by Councillor Jake Smola
"That Mr. John Martin be appointed as the Lackner Woods Residents Association representative
on both the Waterloo Regional Airport Noise Management Committee and the Waterloo Regional
Airport Public Advisory Committee to fill the vacancy resulting from the April 14 resignation of Ms.
Karen Firmi; and further,
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That the appointment to the Noise Management Committee be for a term expiring on November
30, 1999, and the appointment to the Public Advisory Committee until such time as the Airport
Master Plan is approved by Regional Council."
Carried.
Councillor G. Lorentz referred to correspondence dated January 28, 1999 received from the City of
Gloucester on April 12 dealing with the issue of recreational facilities for persons aged 70 and over. In
the correspondence it was noted that 1999 has been named the International Year of the Older
Person by United Nations. It was agreed that this report be referred to the Community Services
Committee for consideration at a future meeting.
Councillor T. Galloway advised that the Region of Waterloo had re-opened its 1999 tax levy and as a
result would be passing along a 4% reduction to ratepayers within the Region. He advised that the
net effect for Kitchener taxes would be a reduction of slightly over 3% for Kitchener residents.
Councillor John Smola commented that it be kept in mind that in 1998 the Region had increased its
portion of property tax significantly and that the reduction this year brought about a wash in the
Regional portion year over year.
Councillor J. Haalboom indicated that Mayor's Advisory Council for Kitchener Seniors was
undertaking an inclusive membership thrust and was looking at planning issues and recreational
facilities in view of demographic trends.
Councillor J. Haalboom advised that the Tri Centre Team made up of seniors from Rockway Senior
Citizens Centre, Breithaupt Centre and Victoria School was undertaking a tree planting at 11 a.m. on
Thursday, April 29 in honour of the Year of the Older Person.
Councillor J. Haalboom advised that she had circulated an article that appeared in the New York
Times regarding the effect of winds on signs and billboards that could pose a hazard to pedestrians.
She advised that her purpose was to request a review of the City's Sign By-law regulations as they
relate to elevated and roof top signs and that staff obtain information on regulations in other
municipalities. Councillor J. Ziegler advised that the City had undertaken major reviews of its Sign By-
law twice during the last five years and that he would oppose considering Councillor Haalboom's
request at this time. He suggested that the matter could be raised at a Standing Committee meeting.
Mr. B. Stanley pointed out that Councilllor Haalboom's request represented a major task on the part
of staff given the extent of input that would be required. Following discussion, it was suggested
Councillor Haalboom could raise the matter at the Planning and Economic Development Committee.
Councillor Jake Smola advised that he was regularly receiving complaints regarding the unsightly
condition of vacant properties that were formerly gasoline service station sites. He questioned if there
was an inventory of such vacant sites and if staff could comment on how the City could deal with
these with a view to rectifying the situation and what authority the municipality had to deal with these
sites. It was suggested that the Legal Department might provide guidance with respect to this issue.
Councillor B. Vrbanovic pointed out that the problem involving these sites lies with another level of
government; however, Councillor G. Lorentz suggested that the City should undertake to send a
message that it was interested in assisting property owners to undertake redevelopment of such
sites. By general consent, the issue was referred to a future meeting of the Planning and Economic
Development Committee with direction given to Mr. B. Stanley to make a general comment as to the
municipality's ability to deal with these sites.
Councillor M. Yantzi suggested that the City should be considering a brown field review at some
point. Councillor T. Galloway advised that at the last Economic Development Advisory Committee
meeting, it was indicated that there were a number of companies that specialize in working with
brown field sites and that an approach might be to source out these companies and identify potential
sites and profile them.
Mayor C. Zehr pointed out that it was Volunteer Week and that on behalf of Council he wished to
express appreciation to all of the volunteers working within the community for its betterment.
Before consideration of the by-laws listed on the agenda, Councillor M. Yantzi advised that the owner
of 35 Broadleaf Place was requesting that the by-law respecting this property be deferred for two
weeks. On motion by Councillor M. Yantzi, seconded by Councillor J. Ziegler, it was agreed to defer
consideration of the by-law listed as item 10(c) and 13(b) on the agenda and refer It to the Council
agenda of May 3, 1999 for consideration of three readings.
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CITY OF KITCHENER
Moved by Councillor J. Ziegler
Seconded by Councillor John Smola
That the by-laws listed on the agenda for third reading, namely:
(a)
Being a by-law to repeal a by-law (By-law 99-45 - Street Name Change - Wellington
Street to Shirley Avenue)
(b) Being a by-law to change the name of a certain street in the City of Kitchener
(Wellington Street to Shirley Avenue)
(c) To confirm all actions and proceedings of the Council
(d)
Being a by-law to exempt certain lots from Part Lot Control - Blocks 2 to 4 and Part
Blocks 1 and 5, Registered Plan 58M-88; Part Block 5, Registered Plan 58M-84 and
Part Block 9, Registered Plan 58M-88; and Block 10 and Part Block 1, Registered Plan
58M-88 - Deer Ridge Crescent and Deer Ridge Drive
(e)
Being a by-law to amend Chapter 683 of the City of Kitchener Municipal Code regarding
Site Plan Control
(f) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code
respecting the Appointment of Staff
(g) Being a by-law to amend various Chapters of The City of Kitchener Municipal Code
(h)
To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of
motor vehicles on private property
(i)
To further amend By-law No. 88-171 being a by-law to designate private roadways as
fire routes and to prohibit parking thereon
(j)
To further amend By-law No. 88-172 being a by-law to authorize certain on-street and
off-street parking of vehicles for use by physically handicapped persons, and the issuing
of permits in respect thereof
(k)
Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding
By-law Enforcement
To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on
highways under the jurisdiction of the Corporation of the City of Kitchener
(m)
To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on
highways under the jurisdiction of the Corporation of the City of Kitchener
(n)
To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on
highways under the jurisdiction of the Corporation of the City of Kitchener
and that the same be taken as read a first time and stand referred to the Committee of the
Whole."
Carried.
On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor
C. Zehr appointed Councillor G. Lorentz as Chair.
On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair.
APRIL 19, 1999
COUNCIL MINUTES
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CITY OF KITCHENER
Moved by Councillor G. Lorentz
Seconded by Councillor K. Taylor-Harrison
"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. Ziegler
Seconded by Councillor John Smola
"That the by-laws listed on the agenda for third reading, namely:
(a)
(b)
(C)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
Being a by-law to repeal a by-law
Street to Shirley Avenue)
(By-law 99-45 - Street Name Change - Wellington
(By-law No. 99-60)
To confirm all actions and proceedings of the Council
(By-law No. 99-61 )
Being a by-law to exempt certain lots from Part Lot Control - Blocks 2 to 4 and Part
Blocks 1 and 5, Registered Plan 58M-88; Part Block 5, Registered Plan 58M-84 and
Part Block 9, Registered Plan 58M-88; and Block 10 and Part Block 1, Registered Plan
58M-88 - Deer Ridge Crescent and Deer Ridge Drive
(By-law No.99-62)
Being a by-law to amend Chapter 683 of the City of Kitchener Municipal Code regarding
Site Plan Control
(By-law No.99-63)
Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code
respecting the Appointment of Staff
(By-law No. 99-64)
Being a by-law to amend various Chapters of The City of Kitchener Municipal Code
(By-law No. 99-65)
To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of
motor vehicles on private property
(By-law No. 99-66)
To further amend By-law No. 88-171 being a by-law to designate private roadways as
fire routes and to prohibit parking thereon
(By-law No. 99-67)
To further amend By-law No. 88-172 being a by-law to authorize certain on-street and
off-street parking of vehicles for use by physically handicapped persons, and the issuing
of permits in respect thereof
(By-law No. 99-68)
Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding
By-law Enforcement
(By-law No. 99-69)
APRIL 19, 1999
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CITY OF KITCHENER
(Cont'd)
(k) To further amend By-law No. 94-'10'1, being a by-law to regulate traffic and parking on
highways under the jurisdiction of the Corporation of the City of Kitchener
(By-law No. 99-70)
(I) To further amend By-law No. 94-'10'1, being a by-law to regulate traffic and parking on
highways under the jurisdiction of the Corporation of the City of Kitchener
(By-law No. 99-7'1 )
(m) To further amend By-law No. 94-'10'1, being a by-law to regulate traffic and parking on
highways under the jurisdiction of the Corporation of the City of Kitchener
('By-law No. 99-72)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
Carried.
On motion, the meeting adjourned.
MAYOR CLERK
COUNCIL MINUTES
APRIL 19, 1999
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE
1. A. That the Grand River North Community Plan be revised as follows:
a) That Map A, General Land Use, be revised to redesignate the lands as shown on
the attached map from Neighbourhood Institutional to Low Density Residential.
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 grant draft approval to Plan of Subdivision 30T-98203 in the City of Kitchener
for Hallman-Rosedale Limited subject to the following conditions:
That this approval applies to Plan of Subdivision 30T-98203 for Hallman-Rosedale
Limited as shown on the plan prepared by Wright-Dietrich Ltd. dated March 23, 1999
and as shown on the attached Plan of Subdivision prepared by the City of Kitchener
dated April 7, 1999, which shows the following:
Lots 1 - 16 (maximum of 16 single detached dwellings)
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, which may be re-
numbered, be written therein:
51.
That the final plans for registration shall be prepared in accordance with the
attached Plan of Subdivision dated April 7, 1999, provided that minor
amendments to said plan, acceptable to the Assistant General Manager of
Business and Planning Services, and not affecting the numbering of any blocks,
may be permitted without amendment to this agreement. Any changes affecting
the numbering of the blocks shall require an amendment to this agreement to
reflect such changes.
52.
That prior to any grading or construction on site or registration of any stage of the
Plan, a Lot Grading Control Plan be approved by the City's General Manager of
Public Works in consultation with the Grand River Conservation Authority.
53. Deleted.
54.
That the owner prepare a Storm Water Management Report at their own
expense in accordance with the City's Urban Drainage Policy in order to provide
for modifications to Block 68, Plan 1829, to the satisfaction of the General
Manager of Public Works and the Grand River Conservation Authority and in
accordance with the Preliminary Storm Water Management Brief (Cumming
Cockburn Limited - January 29, 1999) prior to applying for or being issued any
building permits for the proposed development, and that the approved scheme
be implemented prior to the occupancy of the proposed development.
55.
That the name of the street within the Plan shall be that shown on the Plan of
Subdivision.
56.
That construction traffic to and from the proposed subdivision shall be restricted
to using Keewatin Avenue 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, where required, all to the
satisfaction of the Director of Transportation.
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APRIL 19, 1999
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
1. Cont'd
57.
That a plan showing driveway locations for all lots shall be approved by the City's
Director of Planning in consultation with the General Manager of Public Works
prior to the installation of services within the Plan of Subdivision.
58. That the driveways for all lots be developed from Dineen Court only.
59.
That in the event of Regional fence option 10a) the owner provide a planting strip
having a minimum width of 4.5 metres for all lots abutting Lackner Boulevard
(Regional Road 54). Said planting strip is to be developed at the Subdivider's
cost in accordance with plans/drawings approved by the City's Director of
Planning prior to the issuance of any building permits for said lots. Further, said
planting strip shall be installed within the affected lots prior to the transfer of title
of such lots to the first time occupants, or in the event of winter conditions, shall
be installed by June 1 immediately following such transfer of title. The
Subdivider agrees to attach the approved planting plan to all Offers to
Purchase/Agreements of Purchase and Sale of lots on which the required
planting strip has not been installed due to winter conditions. Further, the noise
attenuation barriers as required in accordance with Section 3.6 herein, shall
substitute for the planting strip requirement only in that location adjacent Lackner
Boulevard where the noise attention barrier is required.
60.
That an elevation plan for any dwellings constructed on Lot 12 be approved by
the Director of Planning prior to the issuance of any building permit.
61.
That a concrete transit pad be identified on the engineering servicing drawings
and shall be installed by the Subdivider, at his own cost, all to the satisfaction of
the General Manager of Public Works prior to the release of the Subdivision Plan
for registration.
62.
That the owner agree that no sewer and water service 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 be installed
within 3.0 metres of a proposed street light pole or hydro pole. The owner shall
review the Commission's engineering drawings and shall be responsible for
insuring that these separations are maintained.
REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS
That the Subdivider satisfy the following conditions to the satisfaction of the Regional
Municipality of Waterloo Commissioner of Planning and Culture:
That the owner agrees to stage the development of this subdivision in a manner
satisfactory to the Regional Commissioner of Planning and Culture.
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 capacity is available for this plan, or the portion of
the plan to be registered.
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APRIL 19, 1999
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
1. Cont'd
b)
That the owner include the following statement in all agreements of lease
or purchase and sale that may be entered into pursuant to Section 52 of
the Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement of
lease or purchase and sale are not yet registered as a plan of subdivision.
The fulfilment of all conditions of draft plan approval, including the
commitment of water supply and sewage treatment services thereto by the
Region and other authorities, has not yet been completed to permit
registration of the plan. Accordingly, the purchaser should be aware that
the vendor is making no representation or warranty that the lot, lots, block
or blocks which are the subject of this agreement or lease or purchase
and sale will have all conditions of draft plan approval satisfied, including
the availability of servicing, until the plan is registered."
That the subdivision agreement be registered by the City of Kitchener against the
land to which it applies and a copy of the registered agreement be forwarded to
the Regional Commissioner of Planning and Culture prior to final approval of the
subdivision plan.
That a lot grading and drainage plan be submitted for approval, for the entire
draft plan of subdivision to the satisfaction of the Regional Commissioner of
Engineering where lands drain to a Regional facility.
That the owner enter into an agreement with the Regional Municipality of
Waterloo for Lot 11 and Lots 13 to 16 and that the following clause be included in
the offers to purchase and deeds or rental agreements:
"Due to its proximity to Lackner Boulevard (Regional Road 54), 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".
That the owner construct a noise wall along Lackner Boulevard, adjacent to Lot
12, 0. 15 metres onto the road allowance from the southwest corner of the lot to
within 6 metres of the front wall of the house to be constructed, in accordance
with the "Noise Study, Proposed Development, Block 64 (30T-89021) Lackner
Boulevard", which has been submitted to the Regional Municipality of Waterloo
and the recommendations accepted.
That the owner enter into an agreement with the Regional Municipality of
Waterloo for Lot 12 and that the following clause be included in the offers to
purchase and deeds or rental agreements:
"Due to its proximity to Lackner Boulevard (Regional Road No. 54), 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-ducted heating system
suitably sized and designed to permit the future installation of a central air
conditioning system by the occupants, and the lands have been developed such
that noise attenuation features are included".
9. Deleted.
a)
That the owner enter into an agreement with the Regional Municipality of
Waterloo to erect a 1.82 metre high permanent, maintenance free fence
adjacent to Regional Road No. 54 (Lackner Boulevard) in accordance with
Regional policies and procedures, except where a noise wall is required
as per condition 3.6 above.
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APRIL 19, 1999
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
1. Cont'd
b)
If the owner should wish to construct a fence different from that set out in
10. a), the design and location must be approved by the Regional
Commissioner of Engineering. The owner will be required to enter into an
Agreement with the Region with respect to the maintenance of the fence,
if required, prior to approval of the plan.
OTHER AGENCY CONDITIONS
4. 1.
That prior to any grading or construction on the site and prior to registration of the
Plan, the owner prepare 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.
CLEARANCE CONDITIONS
That prior to the signing of the final plan by the City's Assistant General Manager of
Business and Planning Services, the City of Kitchener is to be advised by the Regional
Commissioner of Planning and Culture that conditions 3.1 to 3.10 have been carried out
to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from
the Region shall include a brief statement detailing how each condition has been
satisfied.
That prior to the signing of the final plan by the City's Assistant General Manager of
Business and Planning Services, the City of Kitchener is to be advised by the Grand
River Conservation Authority that conditions 4.1 has been carried out to the satisfaction
of the Grand River Conservation Authority. The clearance letter from the Authority shall
include a brief statement detailing how the condition has been satisfied.
NOTES
The owneddeveloper is advised that the provisions of the Development Charge By-laws
of the City of Kitchener and the Regional Municipality adopted in accordance with the
Development Char.qes Act, S.O. 1989 apply to this draft approval and are to be satisfied
as follows:
a)
inquiries regarding the application of the City of Kitchener Development Charge
By-law should be directed to the City of Kitchener;
b)
in accordance with subsection 5(2) of Regional Development Charge By-law,
ONE OF THE FOLLOWING OPTIONS CAN BE UTILIZED:
i)
at the time of entering into a subdivision agreement with the City of
Kitchener, the owneddeveloper may pay 100% of the "Hard Service"
development charge component as calculated in accordance with section
1 of Schedule "C" of By-law 91-91, directly to the Regional Municipality of
Waterloo; or
ii)
prior to entering into a subdivision agreement with City of Kitchener, the
owneddeveloper may enter into an agreement with the Regional
Municipality of Waterloo to defer payment of the "Hard Service"
development charge component in accordance with section 2 of Schedule
"C" of By-law 91-91; and
c)
the owneddeveloper is to provide the Regional Municipality of Waterloo with a
copy of the proposed plan to be registered in conjunction with any payment made
under b) above. In addition to the normal registered requirements, this plan must
either include or be accompanied by a listing that includes metric area
calculations certified by an Ontario Land Surveyor for every lot and block on the
plan.
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REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
1. Cont'd
The final plans for Registration must be in conformity with Ontario Regulation 43~96, as
amended, under The Registry Act.
Draft approval will be reviewed by the City of Kitchener Council from time to time to
determine whether draft approval should be maintained.
It is the responsibility of the owner of this draft plan to advise the Regional Municipality
of Waterloo and the City of Kitchener Planning and Development Departments of any
changes in ownership, agent, address, phone and fax number.
Most of the Regional Municipality of Waterloo conditions can be satisfied through and
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.
The owneddeveloper is advised that the Regional Municipality of Waterloo has adopted
by-law 96-025 pursuant to Section 69 of the Planning Act, R. S.O. 1990 Chapter P.13,
to prescribe a tariff of fees for certain processes related to Plans of Subdivision.
The proposed water distribution system meets the definition of a "water works" as
defined in the Ontario Water Resources Act. Therefore, approval of the Director must
be obtained under Section 52 of 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 Environment and Energy for approval.
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 Environment and Energy 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 Environment for approval.
10.
The owneddeveloper 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 owneddeveloper must enter into an "Agreement for
Servicing" with The Regional Municipality of Waterloo by requesting that the Region's
Planning and Culture Department to 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 registered, the owneddeveloper will be offered an
"Agreement for Servicing". This agreement will be time limited, define the servicing
commitment in density, use and stipulate that should the "Agreement for Servicing"
expire prior to plan registration, a new agreement will be required.
The owneddeveloper 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.
COUNCIL MINUTES
APRIL 19, 1999
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
1. Cont'd
11.
To ensure final approval prior to year end, it is the responsibility of the owner to ensure
that all conditions have been satisfied and the required clearance letter, agreements,
mylars, fees and any other required information or approvals have been deposited with
the City Planner responsible for the file, no later than December 15th. City staff can not
ensure that a plan will be given final approval 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. If the plans
comply with the terms of approval, and we have received an assurance from the Region
that the necessary arrangements have been made, the Assistant General Manager's
signature will be endorsed on the plan and it will be forwarded to the Registry Office for
registration.
The following is required for registration under the Registry Act and for our use:
One (1) original mylar
four (4) mylar copies
four (4) white paper prints
13.
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, Chapter P.13, as amended by S.O.
1996, c.4 (Bill 20).
It is the opinion of this Committee that approval of this application is proper planning for
the City.
(Dealt with under Delegations and Carried, as amended)
That Demolition Control Application DC 99/1/Q/PB (Benton Street Baptist Church) requesting
approval for the demolition of one single detached dwelling located at 161 Queen Street,
legally described as Part of Lot 35, Registered Plan 393, be approved.
It is the opinion of this Committee that approval of this application is proper planning for the
City.
That City Council allow the sanitary servicing of a portion of the Mannhelm Settlement Area in the
Township of Wilmot to the Borden Sanitary Trunk Sewer subject to all of the following:
a)
the planned expansion to the Mannheim Settlement Area, which includes the proposed
Mannheim Estates - Phase 2 development, be serviced via sanitary forcemain to the
Borden Sanitary Trunk Sewer to the satisfaction of the City's General Manager of Public
Works, and further, that capacity allocated within the Borden Sanitary Trunk Sewer, in an
amount equivalent to 258 persons (77 units) be permanently transferred from Regional
lands in Laurentian West to the Township of Wilmot, and further, that in the event the
pumping station and forcemain are not a Regional facility, that a formal agreement
between the City of Kitchener and the Township of Wilmot be entered into so as to enable
sewage to cross the municipal boundary; and,
b)
agreement by the Region to undertake the appropriate engineering and financial studies to
determine the equivalent sewer capacity required for water treatment purposes on the
Regional lands in Laurentian West and to consider transferring any additional available
capacity at a later date to enable existing development within the Mannheim Settlement
Area to connect to centralized wastewater treatment facilities; and,
COUNCIL MINUTES
APRIL 19, 1999
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
3. Cont'd
c)
agreement by the Region to modify Municipal Plan Amendment No. 1 to include the lands
bounded by the limit of the natural Borden Sanitary Drainage Shed, Bleams Road,
Trussler Road, and Highway #7/8 within Kitchener's "urban settlement boundary" as future
residential development, with the understanding that detailed residential land use
designations will be assigned following the completion of the Alder Creek Subwatershed
Study; and,
d)
the inclusion of the lands described in (c) above within the City Urban Area designation, as
shown on Map No. 6 of the Regional Official Policies Plan; and,
e)
a commitment by the Region to resolve land use designations relating to the remainder of
the West Side Study area, affected by Municipal Plan Amendment No.l, simultaneously
with the Regional Groundwater Protection Strategy and proposed Regional Official
Policies Plan Amendment; and,
f)
the negotiation of satisfactory financial arrangements between the City of Kitchener and
the Township of Wilmot, with such arrangements to include, but not be limited to,
provisions for a portion of the development charges to be made payable to the City of
Kitchener and the determination of an appropriate sewer surcharge to be paid by
individual homeowners to cover sewage treatment costs.
That City Council recommend to the Regional Municipality of Waterloo that a long-term
economic view be studied and integrated into the Waterloo Region Airport's Master Plan and
that the Region come back to this Committee with a draft report for discussion, outlining the
pros and cons of all short-term and long-term solutions, prior to any final consideration by
Regional Council (as outlined in the minutes from the March 24, 1999 Economic Development
Advisory Committee meeting attached to Business and Planning Services staff report BPS
99/57).
5. That Business and Planning Services staff report BPS 98/153, being:
Municipal Plan Amendment MP 99/03/B/JW - Bridgeport North
Zone Change Application ZC 97/07/W/JW
Subdivision Applications 30T-97005 and 30T-98205
Be deferred and referred to the May 10, 1999 Planning and Economic Development
Committee meeting for further consideration.
(Dealt with under Delegations and Motion Lost)
That Business and Planning Services staff report BPS 99/53 (Identification of Significant
Natural Areas) be referred to the Environmental Committee for consideration and report back
to the Planning and Economic Development Committee.
That Council appoint the Manager of Design and Development as the primary approval
authority for Site Plan Approval, with the Director of Planning and the Assistant General
Manager, Business and Planning Services, as the two alternates, by adopting the attached
"Proposed By-law" to amend Clause 683.2 of the Municipal Code.
COUNCIL MINUTES
APRIL 19, 1999
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. A.
That Council adopt Municipal Plan Amendment Application MP 99/03/B/JW (Bridgeport
North), being an amendment to:
1. Revise Map 4, "Transportation" by adding minor collector roads within the
Bridgeport North Community; and,
Add special policies for the Bridgeport North Community to permit a golf course
club house, or other buildings and uses accessory to outdoor recreation, outside of
the flood plain on lands designated as residential, and to require approval of a block
plan prior to land division, other than minor infilling severance, in the area south of
Melitzer Creek.
It is the opinion of this Council that approval of this Amendment to the City's Municipal
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,
Subdivision Application 30T-97005 in the City of Kitchener, for Southstaton Holdings
Limited and Chapter P 13 as amended, and delegation by-law 97-061, grant draft
approval to Plan of Activa Investment Corporation, subject to the following conditions:
That this
Holdings
prepared
1999 and
Kitchener
approval applies to Plan of Subdivision 30T-97005 for Southstaton
Limited and Activa Investment Corporation, as shown on the plan
by MacNaughton Hermsen Britton Clarkson Ltd. dated January 22,
as shown on the attached Plan of Subdivision prepared by the City of
dated January 25, 1999, which shows the following:
Blocks 1-29 -
Block 30 -
Block 31 -
Blocks 32-34 -
Block 35 -
Blocks 36, 37 -
Blocks 38-48 -
Blocks 49, 50 -
Block 51 -
Blocks 52-58 -
single detached dwellings
park
open space
storm water management
pumping station
public walkway
future development (single detached dwellings)
temporary road/residential (single detached dwellings)
temporary turning circle/residential
0.3m reserves
This approval permits a maximum of 200 single detached dwelling units including
blocks for future development and temporary road.
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:
51.
That the final plan for registration purposes shall be prepared in accordance
with the attached Plan of Subdivision dated January 25, 1999, providing that
minor changes to said plan, acceptable to the General Manager of Business
and Planning Services 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
General Manager of Public Works in consultation with the City's General
Manager of Parks and Recreation, and the Grand River Conservation
Authority, prior to any grading or construction on site and prior to registration
of the Plan.
COUNCIL MINUTES
APRIL 19, 1999
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
53.
To prepare a detailed engineering design for storm water management in
accordance with the approved concept plan and with the Melitzer Creek
Master Drainage Plan (as amended) as a guiding document for those lands
draining to Melitzer Creek, to the satisfaction of the City's General Manager
of Public Works in consultation with the City's General Manager of Parks
and Recreation and the Grand River Conservation Authority, prior to any
grading or construction on the site and prior to registration of the plan. Said
engineering design shall 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 Subdivider
further agrees to implement all required measures as outlined in the
approved final design.
54.
The Subdivider agrees that, 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 General Manager of Public Works, and have been accepted by the
City.
55.
The Subdivider agrees 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 in the development of 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 the 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
General Manager of Public Works to proceed with said grading;
c)
to implement and be responsible for providing all information
contained in the approved detailed vegetation plan, 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;
d)
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 approved on the detailed
vegetation plan and/or on which the revised grading will have an
adverse effect on the detailed vegetation plan;
e)
in the event of construction causing minor tree damage, remedial
measures such as trimming, dressing or bark doctoring shall be
implemented at the Subdivider's cost and as directed by the
Subdivider's Environmental Consultant who prepared the approved
plan. In cases where major irreparable tree damage is done,
liability is questionable, or the tree is judged to be unsafe, in the
opinion of the Subdivider's Environmental Consultant and/or the
COUNCIL MINUTES
APRIL 19, 1999
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
City, each such tree shall be removed and replaced with at least one tree
of equal value based on the tree value formula as set out in "Guide for
Plan Appraisal" of the International Society of Arboriculture, latest edition.
Tree replacements are to be located on the same lot or block as the tree
requiring removal or to a location within the subdivision requiring
enhancement. Furthermore, such remedial measures or tree
replacements shall be approved by the City's Director of Planning and
shall be satisfactorily implemented prior to occupancy of the units or, due
to weather conditions, by the next planting season.
56.
That no building permit shall be applied for or issued for a dwelling on any
lands within the Plan until satisfactory arrangements are made with the
City's Chief Building Official regarding the installation and maintenance of a
direct-to-fire alarm monitoring system for each and every dwelling to be
constructed within this Plan. Satisfactory arrangements shall be the
submission of drawings showing the hardwiring in each dwelling. Prior to
occupancy of each dwelling, the Subdivider shall confirm with the Chief
Building Official that such system is operational. Such system shall remain
operational in perpetuity and this condition shall not be released from title
unless and until the City's Solicitor is notified by the City's Fire Chief that
adequate protection is otherwise provided and the maintenance of the
system is no longer mandatory.
57.
That the street names within the Plan shall be as shown on the Plan of
Subdivision.
58.
That construction traffic to and from the proposed subdivision shall be
prohibited from using Woolwich Street between Bridge Street and Bridle
Trail. The Subdivider agrees to advise all relevant contractors, builders,
and other persons of the requirement, with the Subdivider being
responsible for any signage, if required, all to the satisfaction of the City's
Director of Transportation.
59.
That prior to the installation of services for the development of lotless
blocks, to submit a draft reference plan for each lot or block, and obtain
approval of the draft reference plan from the Director of Planning, the
General Manager of Public Works and the Commission's Engineer.
60.
That the division of any lots or blocks by Part Lot Control shall be subject
to compliance with the following requirements:
The Subdivider shall submit a draft reference plan for each lot or
block, and obtain approval of the draft reference plan from the
City's General Manager of Business and Planning Services, the
City's General Manager of Public Works and the Commission's
Engineer;
ii)
The Subdivider shall pay all current outstanding taxes prior to the
submission of a part lot control exemption by-law to the City's
Council;
iii)
The draft reference plan approved above shall be deposited in
accordance with the Land Titles Act and three copies submitted to
the City's General Manager of Business and Planning Services;
iv)
The Subdivider shall receive final approval of a Part Lot Control
Exemption By-law;
v)
No building permits shall be issued until steps (i), (ii), (iii) and (iv)
above are completed and the layout shown on the registered
COUNCIL MINUTES
APRIL 19, 1999
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
reference plan is in compliance with the approved reference plan
and the approved servicing and grading plans;
vi)
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)
notwithstanding (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 cornpromised, 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
Director of Planning, the General Manager of Public Works
and the Commission's Engineer.
b)
to obtain approval of Iotting plans for each lot or block
illustrating lotring, 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, Zoning and Inspections.
61.
To make satisfactory arrangements with the City of Waterloo, including
entering into an agreement to provide for the upgrading of Woolwich
Street, to City of Waterloo standards, to full municipal services, from the
north limit of Parts 42 and 43, Plan 58R-8607 (177 Woolwich Street) up to
and including the intersection of Woolwich Street with Kiwanis Park Drive,
as part of the development of this Plan, all to the satisfaction of Waterloo's
City Engineer. Said agreement shall be registered prior to registration of
the Plan, and shall make provision for financial securities to the
satisfaction of Waterloo's City Engineer.
62.
That an agreement between the City of Waterloo and the City of
Kitchener, for the transfer of sanitary sewage between municipalities, shall
be entered into prior to the issuance of building permits for dwellings
within this plan of subdivision.
63.
That water pressure reduction devices shall be installed, to the satisfaction
of the City's Chief Building Official, for each dwelling unit with a finished
floor elevation lower than 308.5masl, so that water pressure does not
exceed the maximum standard of 100 psi. Furthermore, the Subdivider
agrees that this clause shall not be released from title unless the finished
floor elevation is 308.5 masl or greater, and that the following clause shall
be included in all offers to purchase and rental agreements:
"WARNING CLAUSE
Due to the low elevation of the dwelling on this lot, a water pressure reduction
device has been installed so that water pressure should not exceed the
maximum standard of 100 pounds per square inch. The occupant is hereby
advised not to remove the device."
COUNCIL MINUTES
APRIL 19, 1999
- 153 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
64.
That the entire Plan of Subdivision shall be registered in one stage, but
may be serviced and developed in phases, with the extent of each phase
to be shown on the servicing drawings to the satisfaction of the General
Manager of Public Works.
65.
That the registration of this Plan and the subsequent issuance of building
permits can only occur consecutively with the registration and
development of Plan 30T-98205 (Activa Holdings, Southstaton Holdings)
in order to provide a primary and secondary means of access to the plan
of subdivision. No occupancy permits shall be issued for any dwellings in
this Plan until Falconridge Drive and Hawkswood Drive in Plan 30T-98205
(Activa Holdings, Southstaton Holdings) are constructed, accepted for the
commencement of the maintenance guarantee period and are open to
public traffic, to the satisfaction of the General Manager of Public Works.
66.
That prior to or concurrently with registration of the plan of subdivision an
easement shall be registered, in favour of the City of Kitchener, over the
lands within the rear of Blocks 17 to 22 inclusive and 45 to 47 inclusive,
between the Regulatory Floodline and the Structural Setback line as
defined in the Slope Setback Analysis (Naylor Engineering, December 9,
1998). Furthermore the Subdivider agrees to install identification markers
on each lot, to the satisfaction of the Director of Planning, prior to
occupancy of dwellings on lots within Blocks 17, 18, 20 to 22 inclusive and
45 to 47 inclusive. The purpose of the easement shall be to advise
purchasers of the structural setback line, to prohibit buildings and
structures, including accessory buildings, decks, swimming pools and
retaining walls, to prohibit the alteration of grading and the removal of
natural vegetation, and to prohibit removal of identification markers.
67.
To dedicate, by plan registration, to the City of Kitchener at no cost and
free of encumbrance, Blocks 36 and 37 for public walkway purposes.
68.
To convey to the City of Waterloo, at no cost and free of encumbrance, a
3.604 metre road widening along the entire Woolwich Street frontage of
additional lands owned by the Subdivider, prior to plan registration.
69.
To convey to the City of Kitchener, at no cost and free of encumbrance,
0.3 metre reserves along the entire Woolwich Street frontage of additional
lands owned by the Subdivider, prior to plan registration.
70.
To convey to the City of Kitchener the following lands for the purposes
stated therein, at no cost and free of encumbrance, concurrently with
registration of the subdivision plan:
(a) Block
(b) Block
(c) Block
(d) Block
(e) Block
(f)
(g)
30, for park purposes,
31, for open space/community trail purposes,
32 for storm water management purposes,
33 for hazard land/storm drainage purposes,
34 for hazard land/storm water management purposes,
Block 35, for a sewage pumping station, and
Blocks 52 to 57 inclusive, for 0.3 metre reserves.
71.
That the conveyance of Block 30 to the City, at no cost and free of
encumbrance, concurrently with the registration of the Plan shall satisfy
the 5% parkland dedication required for the entire plan of subdivision,
being 20.315 hectares, as well as the 5% parkland dedication to be
required for the entire future plan(s) of subdivision on additional adjoining
lands owned by the subdivider, being 21.319 hectares. In this regard, an
ancillary agreement shall be registered on title of said additional lands,
COUNCIL MINUTES
APRIL 19, 1999
- 154 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
immediately subsequent to the conveyance of Block 30, to confirm that the
park dedication has been satisfied for the future subdivision of said
additional lands.
72.
That the City of Kitchener shall pay the Subdivider market value for the
0.6483 hectares of land above the 5% park dedication as required under
The Planning Act and above the 5% parkland dedication for the entire
future plan(s) of subdivision on additional adjoining lands owned by the
subdivider. The City will purchase the excess parkland through the Park
Trust Fund Account Number 8285 and the fair market value shall be
determined by the City's Land Purchasing Officer. The City shall pay the
subdivider the required value of the land at draft plan approval at the time
of registration of the Plan of Subdivision.
73.
To fill, compact and grade in both a preliminary and finished form, topsoil
and seed/sod Block 30 to the satisfaction of the General Manager of Parks
and Recreation. Grading plans and implementation within Block 30 shall
include making allowance for 4 metre wide flat areas with a maximum
gradient of 5% for future trail link purposes. 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 General Manager of Parks and Recreation.
74.
To install to the satisfaction of the City's General Manager of Parks and
Recreation a boundary identification system along the westerly limit of
Block 31, and along the lot lines which abut Block 33 prior to occupancy of
dwellings on Block 20. The Subdivider further agrees to include a
statement advising of the marking system requirement in all Offers to
Purchase and Agreements of Purchase and Sale for the Lots affected by
this Section.
75.
To include provision for a 4 metre wide flat area with a maximum gradient
of 5% for a community trail within Block 31 and/or Block 32 on the Lot
Grading Control Plan referred to in Clause 52, to the satisfaction of the
General Manager of Parks and Recreation, in consultation with the
General Manager of Public Works. The subdivider further agrees to fill,
compact, and grade in both preliminary and finished form, and topsoil and
seed/sod the necessary portions of Block 31 and/or Block 32 to the
satisfaction of the General Manager of Parks and Recreation, to 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 an alternate time approved in writing by the
General Manager of Parks and Recreation.
76.
To construct a temporary maintenance access road from Kestrel Street to
Block 34 prior to applying for or being issued any occupancy permits
within this Plan. Said temporary road is to be located on additional lands
owned by the Subdivider and designed and built to the satisfaction of the
General Manager of Public Works. The Subdivider hereby agrees to
assume all liability with respect to the construction and use of the
temporary access road. Further, the Subdivider agrees to install
temporary barricades at the north end of Kestrel Street, to the satisfaction
of the Director of Transportation, prior to applying for or being issued any
occupancy permits in this Plan. Upon dedication and construction of a
public street from Kestrel Street to Block 34, the temporary road and
barricades shall be removed at the cost of the Subdivider.
COUNCIL MINUTES
APRIL 19, 1999
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
77.
To be responsible for the maintenance of Block 34, owing to its use as a
siltation control facility during construction on additional lands owned by
the Subdivider.
78.
To install 1.2m high chain link fencing along the east limit of Block 35, as
and when required by, and to the satisfaction of the General Manager of
Public Works.
79.
That no dwelling shall be constructed within 15m of the sewage pumping
station to be constructed on Block 35.
80.
To construct at its cost and to the satisfaction of the General Manager of
Public Works, public walkways within Blocks 36 and 37 as part of the
development of the plan.
81.
That no building permits shall be applied for or issued for Blocks 38-48
inclusive until such blocks are consolidated with adjacent lands.
82.
That the existing accessory building on Block 46 be removed prior to
registration of the plan.
83.
To construct a temporary access road to City standards on Blocks 49 and
50. Said access road shall be designed, constructed and ultimately
removed, when required by and to the satisfaction of the General Manager
of Public Works. No building permits will be issued for Blocks 49 or 50
until the access road is removed.
84.
To construct a temporary turning circle to City standards on Block 51.
Said turning circle shall be designed, constructed and ultimately removed
when required by and to the satisfaction of the General Manager of Public
Works. No building permits will be issued for Block 51 until the turning
circle is removed.
85.
That the City Solicitor arrange for the passing of a by-law opening each or
all of reserve Blocks 52 to 57 inclusive, and the 0.3 metre reserves along
the entire Woolwich Street frontage of additional lands owned by the
Subdivider, as "public highway" at such time as adjoining streets are
constructed, accepted and are open to public traffic, and subdivision plans
for adjacent lands have been registered.
86.
To construct 1.5 metre concrete sidewalks to the satisfaction of the
General Manager of Public Works, in the following locations:
both sides of Falconridge Drive, Hawkswood Drive, Owl Ridge
Street, Kestrel Street, Riverlink Way, and Eaglecrest Street, and
ii) the east side of Kestrel Place.
87.
The Subdivider agrees to extend municipal water service to the front
property line of the nine properties fronting the east side of the private lane
south of Kestrel Place, to the satisfaction of the City's General Manager of
Public Works, prior to construction of the forcemain or pumping station, in
order to ensure that water supply to the homes is not disrupted as a result
of the proposed subdivision development, and to arrange for the City to
obtain a service easement for this purpose prior to construction.
Furthermore, the Subdivider agrees to provide an allowance to each of the
nine property owners for 100% of the cost of connecting the service to
each dwelling, to the satisfaction of the City's General Manager of
Business and Planning Services, all at the Subdivider's cost. If the
COUNCIL MINUTES
APRIL 19, 1999
- 156 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
easement cannot be obtained, the Subdivider agrees to provide a water
supply to the satisfaction of the City's General Manager of Public Works
and at the Subdivider's cost for the nine said properties, in the event the
existing water supply to the homes is disrupted and cut off within two
years of the completion of underground services for the entire subdivision,
as a result of the subdivision development.
88.
To grant to the City of Kitchener, without cost and free of encumbrance,
prior to registration of the plan, a right-of-way over additional lands owned
by the Subdivider, for community trail purposes adjacent to the Grand
River and adjacent to the flood line of the Grand River. Said right-of-way
shall be subject to such terms and conditions as are established to the
mutual satisfaction of the Subdivider and the City Solicitor.
89.
To obtain from the Grand River Conservation Authority, a Fill,
Construction and Alteration to Waterways Permit for any filling, grading or
proposed structures, including roads, stormwater management facilities
and/or outlets located within
Floodline for the Grand River
associated with Melitzer Creek.
site grading, the installation of
Subdivision Plan.
the scheduled Fill Line or Regulatory
and/or the Regulatory Floodline/Fill Line
Such permit shall be obtained prior to on-
services and prior to registration of the
90.
That the total number of building lots on all lands within the plan shall be
limited to 200. The Subdivider agrees that no Part Lot Control Exemption
By-law shall be applied for or passed to create more than a total of 200
lots, and no building permit shall be applied for or issued for a dwelling on
any lands within the Plan after building permits have been issued for 200
dwellings on lands within the plan.
91.
The SUBDIVIDER agrees that the pumping station and force main shall
be completed to the satisfaction of the General Manager of Public Works.
It is acknowledged that these works are included in the City's
Development Charges By-law 91-314, as amended, and the City shall be
responsible for 100% of the cost of these works.
If sufficient money is not allocated from the CITY'S Development Charge
Account to permit the CITY to fund these works and the SUBDIVIDER
wishes to proceed, the SUBDIVIDER agrees to provide and up-front the
costs of the works.
Accordingly, the CITY agrees to recognize any monies paid by the
SUBDIVIDER for any works or services normally paid out of the City's
Development Charge account, with such monies representing a credit
towards any City Development Charge payable for each lot or block only
within the registered plan. Said credit shall be granted initially for that
portion of the applicable Development Charge with respect to Engineering
Services required to be paid prior to the CITY'S release of the plan of
subdivision for registration. Any remaining credits will be granted for that
portion of the Development Charges 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, 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.
COUNCIL MINUTES
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REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
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.
92.
That prior to or concurrently with the registration of this plan of subdivision,
to convey a sanitary sewer easement over the south leg of the future
extension of Falconridge Drive (between the limits of the subdivision and
Woolwich Street) to both the City of Kitchener and the City of Waterloo.
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 and Culture:
1)
That the owner prepare a Noise Study to indicate to the Regional
Municipality of Waterloo, methods to be used to abate road noise levels
for Woolwich Street, and if necessary, shall enter into an agreement with
the City of Kitchener to provide for implementation of the approved study
attenuation measures prior to the issuance of building permits.
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 in pursuant to
Section 52 of the Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this
agreement of lease or purchase and sale are not yet registered as
a plan of subdivision. The fulfilment of all conditions of draft plan
approval, including the commitment of water supply and sewage
treatment services thereto by the Region and other authorities, has
not yet been completed to permit registration of the plan.
Accordingly, the purchaser should be aware that the vendor is
making no representation or warranty that the lot, lots, block or
blocks which are the subject of this agreement or lease or purchase
and sale will have all conditions of draft plan approval satisfied,
including the availability of servicing, until the plan is registered."
3)
That the owners of 30T-97005 and 30T-98205 be required to complete a
Traffic Impact Study for the intersection of Bridge Street and Bridle Trail and
implement the results of the study prior to final approval of the plan.
4)
That the owner identify which lots or blocks will have a dwelling unit with a
finished floor elevation lower than 308.5 and enter into an agreement with
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
the City of Kitchener to include water pressure reduction devices for each
dwelling unit to not exceed the maximum standard of 100 psi and include in
the offers to purchase and rental agreements, a clause identifying the
presence of the water pressure reduction devices and advising that it 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:
1. a)
A detailed Stormwater Management Report and Plan in accordance
with the approved Environmental Implementation Report (Stanley -
June 1998) and supplementary geotechnical report (Naylor - Dec.,
1998).
b)
A final Grading and Drainage Plan, and final Erosion and Sediment
Control Plan in accordance with the Grand River Conservation
Authority's guidelines, and having consideration for the grading
limits as indicated in the Naylor supplementary geotechnical report
dated december 9, 1998, indicating the means whereby erosion will
be minimized and sediment maintained on-site throughout all
phases of grading and construction, and
c)
A Fill, Construction and Alteration to Waterways permit application
for any filling, grading or proposed structures, including roads,
stormwater 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 Melitzer
Creek.
That the subdivision agreement between the owners and the city of Kitchener
contain provisions for the completion of the works in accordance with the
approved plans and reports noted in a) through c) above.
5. CLEARANCE CONDITIONS
That prior to the signing of the final plan, the City's Assistant General
Manager of Business and Planning Services is to be satisfied that all pre-
registration requirements in Condition 2 have been met.
That prior to the signing of the final plan by the City's Assistant General
Manager of Business and Planning Services, the General Manager is to
be advised by the Regional Commissioner of Planning and Culture that
Condition 3 has 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 assistant General
Manager of Business and Planning Services, the General Manager is to be
advised by the Grand River Conservation Authority that Condition 4 has
been carried out to the satisfaction of the Grand River Conservation
Authority. The clearance letter from the Grand River Conservation Authority
shall include a brief statement detailing how the condition has been satisfied.
COUNCIL MINUTES
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
NOTES
The owneddeveloper is advised that the provisions of the Development
Charge By-laws of the City of Kitchener and the Regional Municipality
adopted in accordance with the Development Charges Act, S.O. 1989
apply to this draft approval and are to be satisfied as follows:
a) Inquiries regarding the application of the Area Municipal
Development Charge By-law should be directed to the City of
Kitchener.
b)
In accordance with subsection 5(2) of Regional Development
Charge By-law, 91-91 as amended, ONE OF THE FOLLOWING
OPTIONS CAN BE UTILIZED:
i)
at the time of entering into a subdivision agreement with the
City of Kitchener, the owneddeveloper may pay 100% of the
"Hard Service" development charge component as
calculated in accordance with section 1 of Schedule "C" of
By-law 91-91, directly to the Regional Municipality of
Waterloo; or
ii)
prior to entering into a subdivision agreement with the City of
Kitchener, the owneddeveloper may enter into an agreement
with the Regional Municipality of Waterloo to defer payment
of the "Hard Service" development charge component in
accordance with section 2 of Schedule "C" of By-law 91-91.
c)
The owneddeveloper is to provide the Regional Municipality of
Waterloo with two print copies of the proposed plan to be registered
in conjunction with a written payment calculation request made
under b) above. In addition to the normal registered requirements,
this plan must either include or be accompanied by a listing that
includes metric area calculations certified by an Ontario Land
Surveyor for every lot and block on the plan.
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 and
Development Departments of any changes in ownership, agent, address
and phone number.
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.
The owneddeveloper is advised that the Regional Municipality of
Waterloo has adopted By-Law 96-025, pursuant to Section 69 of the
Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for
application, recirculation, draft approval, modification to draft approval and
registration release of plans of subdivision.
COUNCIL MINUTES
APRIL 19, 1999
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
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 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.
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 owneddeveloper 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 owneddeveloper 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
owneddeveloper 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 owneddeveloper 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 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.
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
COUNCIL MINUTES
APRIL 19, 1999
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
Waterloo and applicable clearance agencies that the necessary
arrangements have been made, the signature of the Assistant General
Manager of Business and Planning Services 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
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-98205 in the City of Kitchener, for Activa Holdings Inc.
and Southstaton Holdings Limited, subject to the following conditions:
That this approval applies to Plan of Subdivision 30T-98205 for Activa Holdings
Inc. and Southstaton Holdings Limited, as shown on the plan prepared by
MacNaughton Herrosen Britton Clarkson Ltd. dated January 22, 1999 and as
shown on the attached Plan of Subdivision prepared by the City of Kitchener
dated January 25, 1999, which shows the following:
Blocks 1-21 -
Block 22 -
Blocks 23-25
Blocks 26, 27 -
Blocks 28, 29 -
Blocks 30-36
single detached dwellings
school
road widening
public walkway
future development (single detached dwellings)
0.3m reserves
This approval permits a maximum of 100 single detached dwelling units including
future development blocks.
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 the following special conditions shall be
written therein.
The Subdivider covenants and agrees:
51.
That the final plan for registration purposes shall be prepared in
accordance with the attached Plan of Subdivision dated January 25, 1999,
providing that minor changes to said plan, acceptable to the General
Manager of Business and Planning Services 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
General Manager of Public Works in consultation with the City's General
Manager of Parks and Recreation, 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 Melitzer Creek
Master Drainage Plan (as amended) as a guiding document for those
lands draining to Melitzer Creek, to the satisfaction of the City's General
COUNCIL MINUTES
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
Manager of Public Works in consultation with the City's General Manager
of Parks and Recreation and the Grand River Conservation Authority, prior
to any grading or construction on the site and prior to registration of the
plan. Said engineering design shall 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 Subdivider further agrees to implement all required measures as
outlined in the approved final design.
54.
The Subdivider agrees that, 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 General Manager of Public Works, and have been accepted by the
City.
55.
The Subdivider agrees 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 in the development of 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 the 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
General Manager of Public Works to proceed with said grading;
c)
to implement and be responsible for providing all information
contained in the approved detailed vegetation plan, 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;
d)
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 approved on the detailed
vegetation plan and/or on which the revised grading will have an
adverse effect on the detailed vegetation plan;
e)
in the event of construction causing minor tree damage, remedial
measures such as trimming, dressing or bark doctoring shall be
implemented at the Subdivider's cost and as directed by the
Subdivider's Environmental Consultant who prepared the approved
plan. In cases where major irreparable tree damage is done,
liability is questionable, or the tree is judged to be unsafe, in the
opinion of the Subdivider's Environmental Consultant and/or the
City, each such tree shall be removed and replaced with at least
one tree of equal value based on the tree value formula as set out
COUNCIL MINUTES
APRIL 19, 1999
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
in "Guide for Plan Appraisal" of the International Society of
Arboriculture, latest edition. Tree replacements are to be located
on the same lot or block as the tree requiring removal or to a
location within the subdivision requiring enhancement.
Furthermore, such remedial measures or tree replacements shall
be approved by the City's Director of Planning and shall be
satisfactorily implemented prior to occupancy of the units or, due to
weather conditions, by the next planting season.
56.
That no building permit shall be applied for or issued for a dwelling on any
lands within the Plan until satisfactory arrangements are made with the
City's Chief Building Official regarding the installation and maintenance of
a direct-to-fire alarm monitoring system for each and every dwelling to be
constructed within this Plan. Satisfactory arrangements shall be the
submission of drawings showing the hardwiring in each dwelling. Prior to
occupancy of each dwelling, the Subdivider shall confirm with the Chief
Building Official that such system is operational. Such system shall
remain operational in perpetuity and this condition shall not be released
from title unless and until the City's Solicitor is notified by the City's Fire
Chief that adequate protection is otherwise provided and the maintenance
of the system is no longer mandatory.
57.
That the street names within the Plan shall be as shown on the Plan of
Subdivision.
58.
That construction traffic to and from the proposed subdivision shall be
prohibited from using Woolwich Street between Bridge Street and Bridle
Trail. The Subdivider agrees to advise all relevant contractors, builders,
and other persons of the requirement, with the Subdivider being
responsible for any signage, if required, all to the satisfaction of the City's
Director of Transportation.
59.
That prior to the installation of services for the development of lotless
blocks, to submit a draft reference plan for each lot or block, and obtain
approval of the draft reference plan from the Director of Planning, the
General Manager of Public Works and the Commission's Engineer.
60.
That the division of any lots or blocks by Part Lot Control shall be subject
to compliance with the following requirements:
The Subdivider shall submit a draft reference plan for each lot or
block, and obtain approval of the draft reference plan from the
City's General Manager of Business and Planning Services, the
City's General Manager of Public Works and the Commission's
Engineer;
ii)
The Subdivider shall pay all current outstanding taxes prior to the
submission of a part lot control exemption by-law to the City's
Council;
iii)
The draft reference plan approved above shall be deposited in
accordance with the Land Titles Act and three copies submitted to
the City's General Manager of Business and Planning Services;
iv)
The Subdivider shall receive final approval of a Part Lot Control
Exemption By-law;
v)
No building permits shall be issued until steps (i), (ii), (iii) and (iv)
above are completed and the layout shown on the registered
COUNCIL MINUTES
APRIL 19, 1999
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
reference plan is in compliance with the approved reference plan
and the approved servicing and grading plans;
vi)
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)
notwithstanding (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 cornpromised, 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
Director of Planning, the General Manager of Public Works
and the Commission's Engineer.
b)
to obtain approval of Iotting plans for each lot or block
illustrating lotring, 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, Zoning and Inspections.
61.
To make satisfactory arrangements with the City of Waterloo, including
entering into an agreement to provide for the upgrading of Woolwich
Street, to City of Waterloo standards, to full municipal services, from the
north limit of Parts 42 and 43, Plan 58R-8607 (177 Woolwich Street) up to
and including the intersection of Woolwich Street with Kiwanis Park Drive,
as part of the development of this Plan, all to the satisfaction of Waterloo's
City Engineer. Said agreement shall be registered prior to registration of
the Plan, and shall make provision for financial securities to the
satisfaction of Waterloo's City Engineer.
62.
That an agreement between the City of Waterloo and the City of Kitchener,
for the transfer of sanitary sewage between municipalities, shall be entered
into prior to the issuance of building permits for dwellings within this plan of
subdivision.
63.
That water pressure reduction devices shall be installed, to the satisfaction
of the City's Chief Building Official, for each dwelling unit with a finished floor
elevation lower than 308.5masl, so that water pressure does not exceed the
maximum standard of 100 psi. Furthermore, the Subdivider agrees that this
clause shall not be released from title unless the finished floor elevation is
308.5 masl or greater, and that the following clause shall be included in all
offers to purchase and rental agreements:
"WARNING CLAUSE
Due to the low elevation of the dwelling on this lot, a water pressure reduction
device has been installed so that water pressure should not exceed the
maximum standard of 100 pounds per square inch. The occupant is hereby
advised not to remove the device."
COUNCIL MINUTES
APRIL 19, 1999
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
64.
That the entire Plan of Subdivision shall be registered in one stage, but may
be serviced and developed in phases, with the extent of each phase to be
shown on the servicing drawings to the satisfaction of the General Manager
of Public Works.
65.
That the registration of this Plan and the subsequent issuance of building
permits can only occur consecutively with the registration and development
of Plan 30T-97005 (Southstaton Holdings, Activa Investment Corp.) in order
to provide a means of servicing for the plan of subdivision. No occupancy
permits shall be issued for any dwellings within this plan until a sanitary
sewer outlet, through Plan 30T-97005 (Southstaton Holdings, Activa
Investment Corp.) to the pumping station, is installed and operational to the
satisfaction of the General Manager of Public Works and accepted by the
City for the commencement of the guarantee period.
66.
To dedicate by plan registration, to the City of Kitchener, Blocks 26 and 27
for public walkway purposes, at no cost and free of encumbrance.
67.
To dedicate by plan registration, to the City of Waterloo, Blocks 23-25 for
the widening of Woolwich Street, at no cost and free of encumbrance.
68.
To convey to the City of Kitchener Blocks 30 to 36 inclusive, for 0.3 metre
reserves, at no cost and free of encumbrance, concurrently with
registration of the subdivision plan.
69.
To make a cash contribution to the City of Kitchener Park Trust Fund
Account in lieu of land for park purposes and in fulfilment of the Planning
Act's park dedication requirement. Said contribution shall be equivalent to
5% of the land being subdivided, being 0.592 hectares of land, with said
value and contribution being determined as of the day before the day of
draft approval and paid immediately prior to the registration of the
subdivision.
70.
That Block 22 be reserved for the Waterloo Region District School Board.
The Subdivider agrees to obtain a letter from said School Board indicating
that a satisfactory agreement has been entered into with respect to the
acquisition of Block 22 for school purposes, to be received by the City's
Department of Business and Planning Services, prior to registration of the
Subdivision Plan.
71.
To construct at its cost and to the satisfaction of the General Manager of
Public Works, public walkways within Blocks 26 and 27, as part of the
development of the plan.
72.
That no building permits shall be applied for or issued for Blocks 28 or 29
until such blocks are consolidated for development.
73.
That the City Solicitor arrange for the passing of a by-law opening each or
all of reserve Blocks 30 to 36 inclusive as "public highway", at such time
as adjoining streets are constructed, accepted and are open to public
traffic, and subdivision plans for adjacent lands have been registered.
74.
To construct 1.5 metre concrete sidewalks to the satisfaction of the
General Manager of Public Works, in the following locations:
i) both sides of Falconridge Drive and Hawkswood Drive,
ii) both sides of Redtail Street between Falconridge Drive and
Hawkswood Drive, and
the east and south side of Kiwanis Park Drive.
iii)
COUNCIL MINUTES
APRIL 19, 1999
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
75.
That the total number of building lots on all lands within the plan shall be
limited to 100. The Subdivider agrees that no Part Lot Control Exemption
By-law shall be applied for or passed to create more than a total of 100 lots,
and no building permit shall be applied for or issued for a dwelling on any
lands within the Plan after building permits have been issued for 100
dwellings on lands within the plan.
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 and Culture:
1)
That the owner prepare a Noise Study to indicate to the Regional
Municipality of Waterloo, methods to be used to abate road noise levels for
Woolwich Street, and if necessary, shall enter into an agreement with the
City of Kitchener to provide for implementation of the approved study
attenuation measures prior to the issuance of building permits.
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 in pursuant to
Section 52 of the Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this
agreement of lease or purchase and sale are not yet registered as
a plan of subdivision. The fulfilment of all conditions of draft plan
approval, including the commitment of water supply and sewage
treatment services thereto by the Region and other authorities, has
not yet been completed to permit registration of the plan.
Accordingly, the purchaser should be aware that the vendor is
making no representation or warranty that the lot, lots, block or
blocks which are the subject of this agreement or lease or purchase
and sale will have all conditions of draft plan approval satisfied,
including the availability of servicing, until the plan is registered."
3)
That the owners of 30T-97005 and 30T-98205 be required to complete a
Traffic Impact Study for the intersection of Bridge Street and Bridle Trail and
implement the results of the study prior to final approval of the plan.
4)
That the owner identify which lots or blocks will have a dwelling unit with a
finished floor elevation lower than 308.5 and enter into an agreement with
the City of Kitchener to include water pressure reduction devices for each
dwelling unit to not exceed the maximum standard of 100 psi and include in
the offers to purchase and rental agreements, a clause identifying the
presence of the water pressure reduction devices and advising that it not be
removed by the owner.
COUNCIL MINUTES
APRIL 19, 1999
- 167 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
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:
1. a)
A detailed Stormwater Management Report and Plan in accordance
with the approved Environmental Implementation Report (Stanley -
June 1998) and supplementary geotechnical report (Naylor - Dec.,
1998).
b)
A final Grading and Drainage Plan, and final Erosion and Sediment
Control Plan in accordance with the Grand River Conservation
Authority's guidelines, and having consideration for the grading
limits as indicated in the Naylor supplementary geotechnical report
dated December 9, 1998, indicating the means whereby erosion
will be minimized and sediment maintained on-site throughout all
phases of grading and construction, and
c)
A Fill, Construction and Alteration to Waterways permit application
for any filling, grading or proposed structures, including roads,
stormwater 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 Melitzer
Creek.
That the subdivision agreement between the owners and the city of
Kitchener contain provisions for the completion of the works in accordance
with the approved plans and reports noted in a) through c) above.
5. CLEARANCE CONDITIONS
That prior to the signing of the final plan, the City's Assistant General
Manager of Business and Planning Services is to be satisfied that all pre-
registration requirements in Condition 2 have been met.
That prior to the signing of the final plan by the City's Assistant General
Manager of Business and Planning Services, the General Manager is to be
advised by the Regional Commissioner of Planning and Culture that
Condition 3 has 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 Assistant General
Manager of Business and Planning Services the General Manager is to be
advised by the Grand River Conservation Authority that Condition 4 has
been carried out to the satisfaction of the Grand River Conservation
Authority. The clearance letter from the Grand River Conservation Authority
shall include a brief statement detailing how the condition has been satisfied.
NOTES
The owneddeveloper is advised that the provisions of the Development
Charge By-laws of the City of Kitchener and the Regional Municipality
adopted in accordance with the Development Charges Act, S.O. 1989 apply
to this draft approval and are to be satisfied as follows:
COUNCIL MINUTES
APRIL 19, 1999
- 168 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
a)
Inquiries regarding the application of the Area Municipal
Development Charge By-law should be directed to the City of
Kitchener.
b)
In accordance with subsection 5(2) of Regional Development
Charge By-law, 91-91 as amended, ONE OF THE FOLLOWING
OPTIONS CAN BE UTILIZED:
i)
at the time of entering into a subdivision agreement with the
City of Kitchener, the owneddeveloper may pay 100% of the
"Hard Service" development charge component as
calculated in accordance with section 1 of Schedule "C" of
By-law 91-91, directly to the Regional Municipality of
Waterloo; or
ii)
prior to entering into a subdivision agreement with the City of
Kitchener, the owneddeveloper may enter into an agreement
with the Regional Municipality of Waterloo to defer payment
of the "Hard Service" development charge component in
accordance with section 2 of Schedule "C" of By-law 91-91.
c)
The owneddeveloper is to provide the Regional Municipality of
Waterloo with two print copies of the proposed plan to be registered
in conjunction with a written payment calculation request made
under b) above. In addition to the normal registered requirements,
this plan must either include or be accompanied by a listing that
includes metric area calculations certified by an Ontario Land
Surveyor for every lot and block on the plan.
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.
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.
The owneddeveloper is advised that the Regional Municipality of
Waterloo has adopted By-Law 96-025, pursuant to Section 69 of the
Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for
application, recirculation, draft approval, modification to draft approval and
registration release of plans of subdivision.
The proposed water distribution system meets the definition of a "water
works" as defined in the Ontario Water Resources Act. Prior to the
construction of the proposed water supply system. The proponent must
ensure that the application for approval of water works, and appropriate
supporting information, are submitted to the Ministry of the Environment
for approval.
COUNCIL MINUTES
APRIL 19, 1999
- 169 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
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.
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 owneddeveloper 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 owneddeveloper 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
owneddeveloper 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 owneddeveloper 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 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.
When the survey has been completed and the final plan prepared, to
satisfy the requirements of the Registry Act, they should be forwarded to
the City of Kitchener. If the plans comply with the terms of approval, and
we have received an assurance from the Regional Municipality of
Waterloo and applicable clearance agencies that the necessary
arrangements have been made, the [enter title of person(s) authorized to
sign plan], signature will be endorsed on the plan and it will be forwarded
to the Registry Office for registration.
The following is required for registration and under The Registry Act and
for our use:
COUNCIL MINUTES
APRIL 19, 1999
- 170 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. (Cont'd)
One (1) Original mylar
four (4) mylar copies
four (4) white paper prints
That Zone Change Application ZC 97/07/W/JW (Southstaton Holdings Limited, Activa
Holdings Inc., Activa Investment Corporation) requesting a change in zoning from
Agricultural (A-l) to Residential Two (R-2), Residential Three (R-3) and Residential Six
(R-6) with special regulation provisions, Neighbourhood Institutional (I-1), Public Park
(P-1) and Open Space (P-2), according to By-law 85-1, on Part of Lots 66, 124 and 125,
German Company Tract, be approved in the form shown in the attached Proposed By-
law dated revised March 12, 1999, in respect to form only, without conditions.
It is the opinion of this Council that approval of this application is proper planning for the
City and is in conformity with an Amendment (Bridgeport North) to the City's Municipal
Plan.
E. That Council adopt the following policy:
That within the Bridgeport North community a network of community trails and bike
routes be established, as shown conceptually on the "Bridgeport North Community Trail
/ Bike Route Plan" dated 1999 02 09, in order to provide continuous open space
linkages between open space areas, and provide recreational opportunities and visual
amenities for the public.
That the request of Southstaton Holdings Limited and Activa Investment Corp for an
exemption to Council's Street Naming Policy (I-680), to allow the name "Riverlink Way"
rather than "Riverlink Street" in Plan 30T-97005, be denied.
That the Council of the City of Kitchener request the Regional Municipality of Waterloo
to defer the minor collector road (Falconridge Drive) as shown on Revised Map 4,
"Transportation" from the Municipal Plan Amendment (Bridgeport North).
(Dealt with under Delegations and Carried)
COMMUNITY SERVICES COMMITTEE -
That the City of Kitchener renew the grass cutting services contract for 1999, with K-W
Habilitation Services, for a total estimated cost of $36,229.00, and further
That the Mayor and Clerk be authorized to sign an agreement with K-W Habilitation for grass
cutting services, as prepared by the City Solicitor.
That Council delegate to each of the supervisors of Doon Valley Golf Course and Rockway Golf
Course, and in their absence, to the Manager of Cemetery and Golf Course Operations, the
authority to sign LLBO Liquor Licence Renewal Applications for their respective facilities.
That Council approve the request of the K-W Special Olympics for a cash grant in the amount of
$3,268.00, and an in-kind grant in the amount of $1,731.00, for their event to take place from July
30-August 1, 1999.
That we approve the request of the Waterloo County and Area Quilt Festival for a cash grant in
the amount of $1,700.00 and an in-kind grant in the amount of $300.00 for the Waterloo County
and Area Quilt Festival to be held from May 20-30, 1999, and further
That the Waterloo County and Area Quilt festival be added to the list of organizations to be
considered for annual grants.
That no action be taken on the request of the Canada World Youth for a grant in the amount of
$1,000.00.
COUNCIL MINUTES
APRIL 19, 1999
- 171 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
COMMUNITY SERVICES COMMITTEE - (CONT'D)
That no action be taken on the request of the Betty Thompson Youth Centre for a cash grant in
the amount of $10,000.00, and further
That staff work with the Betty Thompson Youth Centre on the possibility of them becoming an
annual grant organization relating to their recreational or transit requirements.
That no fee be charged for the Trauma Reduction Injury Prevention and Safety Collation's use of
the City Hall Rotunda on May 20, 1999.
ENVIRONMENTAL COMMITTEE -
That the Environmental Committee endorse the City of Kitchener Clean Air Plan, in principle, as
presented to the Committee on April 14, 1999, and recommend it be referred to the Finance and
Administration Committee meeting of April 26, 1999 for consideration of City-wide implications.
FINANCE AND ADMINISTRATION COMMITTEE -
That, effective April 19, 1999, a permanent full-time position of Licensing Officer be created in
the Clerk's Division of the Corporate Services & City Clerk's Department.
That the "Open Ears Festival of Music and Sound" be permitted to locate on the following City
owned property, from May 19 - 24, 1999, as follows: Victoria Park, City Hall, Goudies Green
and Centre in the Square, subject to their permission; and further,
That the "Open Ears Festival of Music and Sound" be permitted to locate a "Market Place" on
Goudies Green, from May 19 - 24, 1999, subject to City staff approval of a site plan showing
the location of the vendors; and further,
That the "Open Ears Festival of Music and Sound" be permitted to invite food vendors to locate
on the following City owned properties: Victoria Park, City Hall, Goudies Green and Centre in
the Square, subject to their permission; and further,
That, from May 19 - 24, 1999, the "Open Ears Festival of Music and Sound" be permitted an
exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code.
That the City of Kitchener has no objection to the Canadian Red Cross Society, Ontario
Administration Offices, 5700 Cancross Court, Mississauga, Ontario, being granted permission
to sell raffle tickets in the City of Kitchener for a draw to be held on June 30, 1999, with an
Early Bird Draw on June 16, 1999.
That the reduced fee of $10.00 be applicable for the Temporary Retail Market Licence for the
Firefighters' Muster on May 20, 1999, to be held at the Doon Heritage Crossroads.
That Robertson Amusements be permitted to operate a midway at 1001 Ottawa Street South,
Kitchener, on April 22 - 25, 1999, inclusive, subject to the following conditions:
a)
That notice shall be given to the neighbouring property owners in accordance with
Council's policy;
b)
That Robertson Amusements shall obtain a signed agreement from Westmount Funeral
Home prior to the midway taking place;
c)
That any damage to City property shall be repaired at the sole cost of Robertson
Amusements;
d)
That Robertson Amusements shall be responsible for the cost of all garbage collection
and disposal from the midway.
(Dealt with under delegations and carried)
COUNCIL MINUTES
APRIL 19, 1999 - 172 -
REPORTS ADOPTED BY COUNCIL
FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D)
6.
CITY OF KITCHENER
That all applicants for liquor licences in the downtown be notified of City Council's policy in
regard to such applications and be requested to complete an information form, to be filed with
the City Clerk; and further,
That the information form, to be completed by applicants for liquor licenses in the downtown,
request the following information:
a) The proposed name of the establishment,
b) The size and layout of the premises, depicted with a scaled floor plan,
c) The total occupant load,
d) The nature of the business (e.g. bar, restaurant etc.)
e) The anticipated percentage of liquor sales in relation to gross sales,
f) The hours of operation,
g) The intended market,
h) The type of entertainment, if any,
i) The types of ancillary entertainment (e.g. videogames, pool tables, etc.), if any,
j) The planned security,
k) The location of any other licensed establishment owned and/or operated by the
applicant,
I) Any other information which the applicant wishes to provide; and further,
That a committee, comprised of representatives from the Legal, Business & Planning Services
and Corporate Services & City Clerk's Departments and the KDBA be formed to review the
information form completed by applicants for liquor licences in the downtown, together with any
other information available to the committee; and further,
That the committee, established to review information forms completed by applicants for liquor
licenses in the downtown, report to the Finance and Administration Committee with a
recommendation for or against the passage of a resolution opposing the application as
contrary to the public interest, having regard to the needs and wishes of residents of Kitchener,
with consideration to the following factors:
a) The owner's and/or operator's performance record, including by-law violations,
building/fire/health code infractions and liquor licences offences,
The proximity of the premises to other licensed establishments,
The proximity of the premises to other uses such as existing dwelling units,
The size of the premises - occupant load and floor area,
The ratio of liquor sales to gross sales,
The proportion of the premises dedicated to ancillary entertainment,
The hours of operation,
Any other factors the Committee considers relevant.
b)
f)
g)
h)
COUNCIL MINUTES
APRIL 19, 1999
- 173 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
FINANCE AND ADMINISTRATION COMMITTEE -
That the Business and Planning Services Department be located on the 5th and 6th floors and
the space remaining on the 4th floor, at City Hall, at a cost of $153,000.00; and further,
That the Records Management Division and the new Division of Corporate Communication be
moved to the former Economic Development offices on the 2nd floor of City Hall, at a cost of
$16,000.00; and further,
That the vacated ground floor space at City Hall be converted to storage for Rotunda events
and Information Services storage, at a cost of $10,000.00; and further,
That the cost of implementing the City Hall Allocation of Space Report, prepared by Fire Chief
J. Hancock, dated April 9, 1999, as considered by the Finance and Administration Committee
on April 12, 1999, be paid from the Capital Contingency.
That the Action Objectives 1.1 to 1.9, as set out in the Stress Action Survey report of Wayne
Hussey Consulting Inc., dated March 25, 1999, be supported, in principle, and be forwarded to
the Steering Committee for the purpose of preparing a detailed implementation plan; and
further,
That a co-ordinator be hired on a temporary basis, for a period of up to one year, to assist the
Steering Committee and the C.A.O. in the implementation of the action objectives contained
within the Stress Action Survey report of Wayne Hussey Consulting Inc., dated March 25,
1999.
That no action be taken on the suggestion of Ms. T. Beaulne, in her letter dated Monday March
29, 1999, as considered by the Finance and Administration Committee on April 12, 1999, for
funding from the proceeds of the road closure relative to the Mutual Group applications, into
the neighbourhood.
(As Amended)
10.
That the property owner be notified that City Council intends to consider a by-law, at the April
19, 1999 Council meeting, authorizing the removal of waste material from 35 Broadleaf Place,
at the property owner's expense, if this has not been done by the owner on or before April 29,
1999.
11.
That the property at 908 Highland Road West, located on the north side of the street between
Fischer-Hallman Road and Eastforest Trail, described as Part of Lot 35, German Company
Tract, designated as Part 4 Plan 58R-7814 with a lot size of 262 square meters be declared
surplus to the City's needs; and further,
That the property adjacent to 193 Madison Avenue South, described as Part of Lot 3,
Registered Plan 368, with a lot size of approximately 3,000 square feet be declared surplus to
the City's needs; and further,
That the Land Purchasing Officer be directed to dispose of these sites with all Offers to
Purchase to be presented to City Council for consideration; and further,
That the Fire Department Headquarter property at 150 Highland Road West, described as Part
of Lots 8 and 9, Lots 10, 11 and 12, Registered Plan 222 and Part of Lot 21, Subdivision of Lot
17, being 2.44 acres together with buildings and other land improvements, be declared surplus
to the City's needs; and further,
That Fire Station No. 5 property at 1000 Westmount Road East, described as Lot 5,
Registered Plan 1483, being .92 acres together with buildings and other land improvements,
be declared surplus to the City's needs; and further,
That the Land Purchasing Officer be directed to dispose of the sites when vacated by staff and
equipment, with all Offers to Purchase to be presented to City Council for consideration.
COUNCIL MINUTES
APRIL 19, 1999
- 174 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
FINANCE AND ADMINISTRATION COMMITTEE -
12.
That $50,000.00 be set aside from the sale of the Maple Street facility to fund consultants
services to look at the merits of constructing a central maintenance facility and that staff
proceed with this effort in order to report back to Council in time for budget discussions in the
Fall of 1999.
13.
That Council approve an application from the law firm of Deutschmann & Kelly for a "Feasibility
Study Grant", in the amount of $8,500.00 under the Downtown Financial Incentives Program
for environmental and feasibility investigations at 150 Duke Street West, Kitchener.
14.
That no action be taken on the appeal of Mr. R. Hamm for a licence to operate a refreshment
vehicle at the Toys' R' Us Plaza at the corner of Fairway Road and Wilson Avenue.
HERITAGE KITCHENER (L.A.C.A.C.)
That, with respect to the log house discovered at 146 Pioneer Tower Road, Heritage Kitchener
endorses the recommendations contained in Business & Planning Services staff report BPS
99/58; and further,
That a community based steering committee be established to further review alternatives for
reconstruction of the log house discovered at 146 Pioneer Tower Road.
PUBLIC WORKS AND TRANSPORTATION COMMITTEE -
That Council waive the tendering/request for proposals process with respect to the provision of
waste collection services for the period February 1,2000, to September 30, 2001; and further,
That staff negotiate an addendum agreement with Browning-Ferris Industries Ltd. to extend the
term of the existing agreement, as amended by agreement dated February 3, 1993, to
September 30, 2001, in an effort to achieve synchronization of contract terms with other area
municipalities, and to create the potential for a joint tendering or joint request for proposals with
other area municipalities for waste collection services at the end of the extended term; and
further,
That the negotiated addendum agreement be brought before Council at a future meeting for a
resolution authorizing the Mayor and Clerk to sign.
That Council approve the Engineering Division Strategic Plan, as tabled with the Public Works
and Transportation Committee on April 12, 1999.
That the detour routing for Route No. 3 - Idlewood and Route No. 8 - East Avenue, as
outlined in the report presented to the Public Works and Transportation Committee on April 12,
1999, be implemented effective Monday, May 24, 1999; and further,
That the routing for Route No. 17 - Heritage Park, as outlined in the report presented to the
Public Works and Transportation Committee on April 12, 1999, be implemented effective
Monday, May 24, 1999; and further,
That a temporary all-way stop at the intersection of Ross Avenue and Wilfred Avenue be
implemented to address potential traffic problems during the time that detour is in effect.
(As Amended)
That a School Bus Loading Zone for two full size buses be established on Lucerne Drive from
a point 285 feet west of Selkirk Drive to a point 26 metres west thereof; and further,
That the Uniform Traffic By-law be amended accordingly.
COUNCIL MINUTES
APRIL 19, 1999
- 175 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D)
That a Pedestrian Refuge Island be installed in the School Crossing on Doon Village Road at
Upper Canada Drive; and further,
That a 1.5 metre (5 foot) bicycle lane be provided on both sides of Doon Village Road from
Farrier Drive to Bechtel Drive; and further,
That left turn lanes be provided along Doon Village Road at Farrier Drive and Millwood
Crescent; and further,
That through the above measures, the travel lanes on Doon Village Road be reduced to a
single lane for each direction; and further,
That parking be prohibited on the north side of Doon Village Road from Homer Watson
Boulevard to 82 metres east of Upper Canada Drive; and further,
That parking be prohibited on the south side of Doon Village Road from Homer Watson
Boulevard to Pioneer Drive; and further,
That a 1.5 metre (5 foot) bicycle lane be provided on both sides of Pioneer Drive from Green
Valley Drive to Doon Village Road; and further,
That a left turn lane be provided on Pioneer Drive at Bechtel Drive; and further,
That through the above measures, the travel lanes on Pioneer Drive be reduced to a single
lane for each direction; and further,
That the Uniform Traffic By-law be amended accordingly.
That the Regional Municipality of Waterloo and its Contractor(s) be exempt from the provisions
of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6 (Construction Work),
during the reconstruction of Weber Street between Montgomery Road and Kinzie Avenue and
all related work until 9:00 p.m. weekdays during the period from May 10, 1999, to November
19, 1999, and for all night work for one weekend in August 1999, and another weekend in
September 1999.
COUNCIL MINUTES
APRIL 19, 1999
- 176 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
A. BY-LAWS LISTED ON THE AGENDA - 2ND READING -
It was resolved:
"That the by-laws considered by this Committee be taken as read a second time and be
recommended for enactment."
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER -
1. Injured Workers Day of Mournin.q
It was resolved:
"That flags be lowered to half mast on all municipal facilities on April 28, 1999 in
recognition of a day of mourning for workers killed or injured as a result of
occupational accidents; and further,
That we permit the Canadian Labour Congress (CLC) Day of Mourning flag to be
flown at half mast at City Hall on April 28th."
2. Licences
a) Massagist - New
It was resolved:
"That the following massagist who is employed at 7-280 Victoria St. N.,
Kitchener, be granted a Massagist licence for the year 1999:
Carole Gervais."
b) Charitable Refreshment Sand
It was resolved:
"That the Kitchener-Waterloo Skating Club Precision Team be granted
permission to operate fund raising barbeques at the locations and on the
dates listed:
Zehrs - Hi-Way Centre (1375 Weber Street East)
April 30, 1999
May 1, 2, 14, 15, 16, 1999
June 4, 5, 6, 18, 19, 20, 1999
July 16, 17, 18, 1999
August 13, 14, 15, 1999
September 3, 4, 5, 10, 11, 12, 1999
October 8, 9, 10, 29, 30, 31, 1999
Zehrs - Forest Glen Plaza (700 Strasburg Road)
April 30, 1999
May 1, 2, 14, 15, 16, 1999
June 4, 5, 6, 18, 19, 20, 1999
July 16, 17, 18, 1999
August 13, 14, 15, 1999
September 3, 4, 5, 10, 11, 12, 1999
October 8, 9, 10, 1999"
COUNCIL MINUTES
APRIL 19, 1999
- 177 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
c) Permanent Vendor/Place of Refreshment
It was resolved:
"That 1999 Permanent Vendor and Place of Refreshment Licences be
granted to Stuart Lang and Cindy Lang in respect to the operation of a pub
at 1120 Victoria Street North, Unit #2."
d) Ice Cream Vehicle Driver
It was resolved:
"That a 1999 Ice Cream Vehicle Driver Licence be granted to Brenda
Taylor."
3. Various Tenders
The tenders were dealt with under delegations.
4. Execution of Engineering Agreements
It was resolved:
"That the Mayor and Clerk be authorized to execute an agreement for the
provision of professional engineering services made between the City of
Kitchener and Wright-Dietrich, regarding the Idlewood Creek Stage 6
Subdivision, Registered Plan No. 30T-98207."
-and-
"That the Mayor and Clerk be authorized to execute an agreement for the
provision of professional engineering services made between the City of
Kitchener and Wright-Dietrich, regarding the Dineen Court Subdivision,
Registered Plan No. 30T-98203."
-and-
"That the Mayor and Clerk be authorized to execute an agreement for the
provision of professional engineering services made between the City of
Kitchener and MTE Consulting Civil Engineers, regarding the Pearwood Court
Subdivision, Registered Plan No. 30T-95025."
By general consent, staff were directed not to attach copies of standard form agreements to
the agenda in future.
5. Reappointment of Auditors
It was resolved:
"That the firm of Ernst & Young be reappointed auditors for the City of Kitchener,
its Boards and Enterprises for 1999 and 2000."
6. Assessment Appeal - 35-37 Bleams Road
It was resolved:
"That the Mayor and City Clerk be authorized to sign the Minutes of Settlement
pertaining to the assessment appeal related to 35-37 Bleams Road, Kitchener."
COUNCIL MINUTES
APRIL 19, 1999
- 178 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
7. Committee of Adjustment Memberships & Subscriptions
It was resolved:
"That Ms. S. Campbell and Messrs. W. Dahms, S. Kay, A. Galloway and P.
Kruse be permitted memberships in the Ontario Association of Committee of
Adjustment and Consent Authorities for 1999, at a total cost of $330.00.
-and-
"That Ms. S. Campbell and Messrs. W. Dahms, S.Kay, A. Galloway and P. Kruse
be permitted to attend the Annual Conference of the Ontario Association of
Committee of Adjustment and Consent Authorities in Richmond Hill, Ontario,
from June 6 to 9, 1999, with the City to pay the normal expenses incurred."
-and-
"That Ms. S. Campbell and Messrs. W. Dahms, S. Kay, A. Galloway and P.
Kruse be permitted 1999 subscriptions to Municipal World, at a total cost of
$247.15."
8. Trans Canada Trail Relay 2000 Celebration
This matter was dealt with under delegations.
9. Appointment to Kitchener Public Library Board
It was resolved:
"That we endorse the request of the Waterloo Region District School Board to
appoint Diane Slimmon as the Board's representative on the Kitchener Public
Library Board to fill the unexpired term of Ms. Linda Lauber from April 1999 to
December 2000."
10. Lottery Licence
The Committee was in receipt of a report dated April 15, 1999 from the Manager of
Licensing.
It was resolved:
"That the City of Kitchener has no objection to a Provincial Lottery Licence being
issued to the Big Sisters of K-W & Area to conduct a social gaming event at
Bingeman Park, 1380 Victoria Street, North, Kitchener, on June 6, 1999."
11. Massa.qist Licence
The Committee was in receipt of a report dated April 19, 1999 from the Manager of
Licensing.
It was resolved:
"That the following massagist who is employed at 2271 Kingsway Drive, Kitchener,
be granted a Massagist licence for the year 1999:
Sandy Sheppard."