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HomeMy WebLinkAboutDev & Tech Svcs - 2002-12-02DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 2~ 2002 CITY OF KITCHENER The Development and Technical Services Committee met this date commencing at 7:05 p.m. under Councillor C. Weylie, Chair, with the following members present: Mayor C. Zehr and Councillors J. Gazzola, J. Smola, G. Lorentz, B. Vrbanovic and M. Galloway. Officials Present: Ms. L. MacDonald and Messrs. J. Fielding, G. Stewart, J. Willmer, B. Sloan, L. Lynch, E. Saunderson, J. McBride, D. Mansell, S. Turner and L.W. Neil. 1. DTS-02-259 GLASGOW STREET - AGREEMENT RE RAILWAY CROSSING PROTECTION GODERICH-EXETER RAILWAY COMPANY LIMITED WEST-VICTORIA PARK WARD The Committee was in receipt of Development and Technical Services Department report DTS-02- 259 dated November 14, 2002 pertaining to the need to upgrade safety features of the railway crossing on Glasgow Street, west of Highland Road. On motion by Councillor J. Smola - it was resolved: "That a Standard Funded Crossing Warning System Modification Agreement pertaining to the at grade crossing of Glasgow Street west of Highland Road West (Mile 66.66 Guelph Subdivision), be entered into with the Goderich-Exeter Railway Company Limited as prepared and submitted by UMA Engineering Ltd., subject to the satisfaction of the City Solicitor; and further, That an expenditure of $43,000.00 be approved for the required railway crossing modification in the 2003 Capital Budget, with the remaining $20,000.00 cost to be funded from the surplus of the 2002 Railway Maintenance account." DTS-02-264 HANSON AVENUE AT HAYWARD AVENUE TRAFFIC CONTROL FAIRVIEW-GATEWAY WARD The Committee considered Development and Technical Services Department report DTS-02-264 dated November 20, 2002 dealing with traffic control conditions at the intersection of Hanson Avenue and Hayward Avenue. On motion by Mayor C. Zehr - it was resolved: "That an all-way stop be installed at the intersection of Hayward Avenue and Hanson Avenue; and further, That the Uniform Traffic By-law be amended accordingly." DTS-02-265 LYDIA STREET AND SAMUEL STREET TRAFFIC CONTROL BRIDGEPORT-CENTRE WARD The Committee was in receipt of Development and Technical Services Department report DTS-02- 265 dated November 20, 2002 pertaining to traffic control conditions on Lydia Street and Samuel Street. On motion by Councillor G. Lorentz - it was resolved: "That an all-way stop not be installed at the intersections of Lydia Street at Cameron Street, Lydia Street at Pandora Avenue and Samuel Street at Brubacher Street." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 - 213 - CITY OF KITCHENER 4. DTS-02-267 YOUNG STREET AND DUKE STREET FORSYTH PARKING LOT #8 - HOURLY PARKING BRIDGEPORT-CENTRE WARD The Committee considered Development and Technical Services Department report DTS-02-267 dated November 19, 2002 dealing with the cost of parking at the Forsyth Parking Lot No. 8. On motion by Councillor J. Smola - it was resolved: "That effective December 3, 2002, the Forsyth Parking Lot No. 8 offer hourly parking at a cost of $1.25 per hour, 2 hour limit, Monday to Saturday, 8:00 am - 6:00 pm; and further, That By-Law 88-169 be amended accordingly." DTS-02-268 ROUNDABOUT INTERSECTIONS DESIGNATION AND REGULATION OF TRAFFIC & PARKING AT ROUNDABOUTS AMENDMENT TO UNIFORM TRAFFIC BY-LAW The Committee was in receipt of Development and Technical Services Department report DTS-02- 268 dated November 19, 2002 regarding use of Roundabouts in the City. On motion by Mayor C. Zehr - it was resolved: "That the Uniform Traffic Bylaw 2000-159 be amended to enact the necessary provisions for the designation of Roundabouts and for the regulation of traffic and parking at Roundabouts." DTS-02-270 BRIDGE LOCATIONS / WEIGHT LIMITS AND DEFINITIONS PROPOSED AMENDMENTS RE: UNIFORM TRAFFIC BY-LAW #2000-156 The Committee considered Development and Technical Services Department report DTS-02-270 dated November 20, 2002 pertaining to amendments to the Uniform Traffic By-law weight restriction on bridge structures and definition of heavy truck. On motion by Councillor G. Lorentz - it was resolved: "That the Uniform Traffic By-law be amended to include bridge locations that require a set gross weight limit; and, That the Uniform Traffic By-law be amended to incorporate a revised definition for "Heavy Truck"; and further, That the Uniform Traffic By-law be amended to ensure that, in the case(s) where the Uniform Traffic By-law and the Highway Traffic Act provide different definitions for the same item, the definition outlined in the Uniform Traffic By-law shall prevail." DTS-02-242 WESTMEADOW DRIVE AND BANKSIDE DRIVE SUBDIVISION APPLICATION 30T-01202 ZONE CHANGE APPLICATION ZC 01/02/W/BS SUNVEST DEVELOPMENT CORP. WEST-VICTORIA PARK WARD The Committee was advised that applications for subdivision and zone change have been received from Sunvest Development Corporation respecting approximately 8.76 hectares of land in the Highland West community. The lands, which are located between Highland Road and Victoria Street South, include part of the Westmeadow Drive and Bankside Drive extensions DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 2, 2002 - 214 - CITY OF KITCHENER 7. DTS-02-242 WESTMEADOW DRIVE AND BANKSIDE DRIVE SUBDIVISION APPLICATION 30T-01202 ZONE CHANGE APPLICATION ZC 01/02/W/BS SUNVEST DEVELOPMENT CORP. WEST-VICTORIA PARK WARD (CONT'D) which will provide a collector road loop to Westforest Trail. The subdivision will provide for the development of approximately 125 detached dwellings along with parkland / open space, walkways and greenbelt. In this regard, the Committee considered Development and Technical Services Department report DTS-02-242 dated November 8, 2002 and a proposed by-law dated October 25, 2002 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. B. Sloan summarized the purpose of the report and also commented on construction traffic issues, requirement for a temporary exemption from the emergency access policy, and requested that recommendation C 2.2.10 pertaining to parkland dedication be deleted and replaced with a revised condition which was circulated to the Committee. He advised that a delegation was in attendance with respect to the issue of tree preservation affecting lots 67 to 70 and that staff had requested the applicant provide a detailed vegetation plan. Mr. Sloan also provided details regarding other exemptions that are required with respect to emergency access policy. Mr. Ron Gimbel attended to express concern regarding the impact on an existing woodlot that development of lots 67 to 70 would have. He provided an overhead illustration pointing out that only 1/3 of the trees would remain if the lots were developed as proposed. In this regard, he suggested that more trees could be preserved on the north side of Ivy Lane Court through a lotting change which would reduce 5 lots (lots 67 to 71) to 3 lots, with each extending from Westmeadow Drive. This would result in the existing woodlot being left generally intact rather than having only a strip of trees remain at the rear of the proposed lots. Mr. B. Sloan advised that a few combinations had been considered in respect to lotting and tree saving measures. Mr. Tom Hardacre, Planning and Engineering Initiatives Limited, advised that his client could consider Mr. Gimbel's request but noted that there were other factors affecting tree preservation such as the engineering impact that development of the road would have on the woodlot. No other delegations were registered respecting this matter. On motion by Councillor B. Vrbanovic - it was resolved: "That consideration of the following staff recommendation outlined in Development and Technical Services Department report DTS-02-242, including a requested revision to C 2.2.10, be deferred and referred to the December 9, 2002 Council meetinq in order to allow the applicant to review impacts of a request to preserve more trees in an existing woodlot on the north side of Ivy Lane Court through a lotting change which would reduce 5 lots (Lots 67-71) to 3 lots, with each extending from Westmeadow Drive: That the request submitted by the applicant for Plan of Subdivision 30T-01202 (Sunvest Development Corp.) for exemption from Council Policy 1-652, Emergency and Secondary Access Policy to allow a cul-de-sac (Winding Meadow Court) to be 330 metres in length with an emergency access rather than a second road access until such time as Westmeadow Drive is extended west through the adjacent Plan of Subdivision 30T-02205 and to allow Westmeadow Drive (temporary cul-de-sac) and Ivy Lane Court to be developed further than 150 metres from an emergency access until such time as Westmeadow Drive is extended west through the adjacent Plan of Subdivision 30T-02205, be approved. 7. DTS-02-242 WESTMEADOW DRIVE AND BANKSIDE DRIVE DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 - 215 - CITY OF KITCHENER SUBDIVISION APPLICATION 30T-01202 ZONE CHANGE APPLICATION ZC 01/02/W/BS SUNVEST DEVELOPMENT CORP. WEST-VICTORIA PARK WARD (CONT'D) That Zone Change Application ZC 01/02/W/BS (Westmeadow Drive and Bankside Drive - Sunvest Development Corp.) requesting a change in zoning from Agricultural Zone (A-l) to Residential Four Zone (R-4), Public Park Zone (P-l), Hazard Land Zone (P-3) on lands legally described as Part of Lot 38, German Company Tract, in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated October 25th, 2002, without conditions. 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-01202 (Westmeadow Drive and Bankside Drive), in the City of Kitchener, for Sunvest Development Corporation, subject to the following conditions: That this approval applies to Plan of Subdivision 30T-01202 as shown on the plan prepared by Planning and Engineering Initiatives Ltd. last revised November 8th, 2002 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated October 22®, 2002, which shows the following: Stage 1 Lots 1-71 Blocks 72-75 Blocks 76, 77 Blocks 78 & 81 Block 79 Block 80 Blocks 82, 84 Block 83 Block 85 - 71 units - single detached - future residential - 0.3m reserve - park - 6m walkway - wetland/SWM - open space/SWM - open space - 6m walkway/emergency access Stage 2 Lots 1-24 Block 25 Block 26 - 24 units - single detached - 6m walkway/SWM facility access - 0.3 metre reserve Stage 3 Lots 1-30 Block 31 - 30 units - single detached - 0.3 metre reserve Total - 125 units 2. CITY OF KITCHENER CONDITIONS: 2.1 That the Mayor and Clerk be authorized to sign a City Standard Residential Subdivision Agreement, satisfactory to the City Solicitor, with the SUBDIVIDER (Sunvest Development Corp.) regarding the lands shown outlined on the attached · · · rd · · Plan of Subdivision dated October 23 , 2002 and which shall contain the following special conditions: Section 2 Prior to Area Grading DTS-02-242 2.11 The SUBDIVIDER shall prepare a Grading, Erosion and Siltation Control Plan for the area to be used for emergency access and construction route from Victoria Street to Winding Meadow Court over Hydro One lands and Block 85 (Stage 1) and a detailed design of the access route to the satisfaction of the CITY's Director of Engineering Services in consultation WESTMEADOW DRIVE AND BANKSIDE DRIVE DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 - 216 - CITY OF KITCHENER SUBDIVISION APPLICATION 30T-01202 ZONE CHANGE APPLICATION ZC 01/02/W/BS SUNVEST DEVELOPMENT CORP. WEST-VICTORIA PARK WARD (CONT'D) with the CITY's Community Services and Hydro One. Section 3 Prior to Servicing 3.16 The SUBDIVIDER agrees that the plan shall be registered in three stages in accordance with the following: a) b) c) Stage 1 must be registered first; Stage 2 shall be registered concurrently with or at any time subsequent to the registration of Stage 1; Stage 3 shall be registered after Stage 2 and concurrently with or at any time subsequent to the registration of the appropriate stage in the adjacent Draft Plan of Subdivision 30T-02205 Section 4 Prior to the Issuance of Building Permits 4.22 The SUBDIVIDER agrees to undertake any measures required to ensure proper water pressure to all lots and blocks within the proposed development, to the satisfaction of the CITY'S Director of Engineering Services or Chief Building Official. 4.23 a) The SUBDIVIDER agrees that no building permits shall be applied for on any lot or block in any phase of the subdivision until satisfactory arrangements are made with the CITY'S Chief Building Official to install and maintain a direct-to-fire alarm monitoring system for each and every dwelling to be constructed within this subdivision. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. b) Occupancy of each dwelling shall not be permitted until the CITY'S Chief Building Official has confirmed that the direct-to-fire alarm monitoring system referenced to in 4.23 a) is operational. c) Such system shall remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the CITY 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. 4.24 The SUBDIVIDER agrees that no building permits shall be issued for Blocks 72 to 75 (Stage 1) until the closure of the adjacent 6 metre wide right-of-way is complete and said Blocks are consolidated with the redundant right-of-way and with the appropriate Blocks in Stage 1 in the adjacent Plan of Subdivision 30T-02205. 4.25 The SUBDIVIDER agrees: a) To construct the required permanent emergency access road on Block 85 (Stage 1) and the temporary emergency access road over Hydro One lands between Block 85 (Stage 1) and the future Victoria Street extension to the satisfaction of the CITY's Director of Engineering in accordance with the requirements set out in the CITY's Subdivision Manual at the cost of the SUBDIVIDER and in 7. DTS-02-242 WESTMEADOW DRIVE AND BANKSIDE DRIVE DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 - 217 - CITY OF KITCHENER SUBDIVISION APPLICATION 30T-01202 ZONE CHANGE APPLICATION ZC 01/02/W/BS SUNVEST DEVELOPMENT CORP. WEST-VICTORIA PARK WARD (CONT'D) consultation with Hydro One prior to the issuance of a building permit for Stage 1. b) That the temporary emergency access road to be located on Hydro One lands between Block 85 (Stage 1) and existing Victoria Street shall not be used for public walkway purposes and the SUBDIVIDER shall erect a sign at the entrance to Block 85 (Stage 1) indicating such to the satisfaction of the City's Director of Operations prior to the issuance of a building permit for Stage 1. 4.26 The SUBDIVIDER shall make financial arrangements with the CITY's Engineering Services for the extension of municipal services that are necessary to provide an adequate storm outlet and access to the stormwater management pond to be located on Block 82 (Stage 1) prior to the issuance of any building permits in Stage 2. Section 6 Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using Victoria Street to Block 85 (Stage 1) over the Hydro One lands for Stage 1 and restricted to using Highland Road to the laneway adjacent to the western boundary of the plan of subdivision for Stage 2 and restricted to using Bankside Drive from the adjacent plan of subdivision 30T-02205 for Stage 3 and prohibited from using other internal residential streets in the community. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the SUBDIVIDER being responsible for any required signage, all to the satisfaction of the CITY'S Director of Engineering Services. 6.11 That in the event that the future Victoria Street extension is not constructed and open as a public road prior to the registration of the final stage of the plan of subdivision, the SUBDIVIDER shall submit a Letter of Credit for the cost of the construction of the permanent emergency access/walkway from Block 85 (Stage 1) to the Victoria Street extension to the satisfaction of the CITY's Director of Engineering Services prior to the registration of the final stage of the plan of subdivision. 6.12 The SUBDIVIDER agrees that prior to pre-servicing or the registration of Stage 1 of the plan whichever is first, that the CITY be in receipt of a registerable deed for the lands that would be the completion of the Winding Meadow Court cul-de-sac and the SUBDIVIDER shall be responsible for the design and construction of said road to the satisfaction of the CITY's Director of Engineering Services. 2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions: 1. The City Standard Residential Subdivision Agreement be registered on title. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Director of Planning and shall obtain approval therefrom. 7. DTS-02-242 The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. WESTMEADOW DRIVE AND BANKSIDE DRIVE DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 - 218 - CITY OF KITCHENER SUBDIVISION APPLICATION 30T-01202 ZONE CHANGE APPLICATION ZC 01/02/W/BS SUNVEST DEVELOPMENT CORP. WEST-VICTORIA PARK WARD (CONT'D) The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering Services, with coordinate values and elevations thereon and submit for registration the plans showing the location of the monuments, their coordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. The SUBDIVIDER shall make satisfactory arrangements with Kitchener Wilmot Hydro for the provision of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telephone services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. The SUBDIVIDER shall make arrangements for the easements required for utilities and municipal services. agrees to comply with the following easement procedure: granting of any The SUBDIVIDER (a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to HYDRO, and telephone companies and the City, to the CITY'S Director of Planning. (b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering Services for municipal services; (c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; (d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Director of Planning or, in the case of parkland, the CITY'S Director of Operations; and (e) to provide to the CITY'S Director of Planning, a clearance letter from each of HYDRO and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. 7. DTS-02-242 The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major entrance to the subdivision, in accordance with a plan approved by the CITY'S Director of Planning, in accordance with the following criteria: WESTMEADOW DRIVE AND BANKSIDE DRIVE SUBDIVISION APPLICATION 30T-01202 ZONE CHANGE APPLICATION ZC 01/02/W/BS DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 - 219 - CITY OF KITCHENER SUNVEST DEVELOPMENT CORP. WEST-VICTORIA PARK WARD (CONT'D) a) The sign shall be located outside the required yard setbacks of the applicable zone and outside the corner visibility triangle, with the specific, appropriate location to be approved by the CITY's Director of Planning; b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6 metres, and a maximum area of 13 square metres; c) Graphics shall depict the features within the limits of the subdivision including, without limiting the generality of the foregoing, approved street layout, including emergency access roads, zoning, lotting and specific land uses, types of parks, storm water management areas, hydro corridors, trail links and walkways, potential or planned transit routes and bus stop locations, notification regarding contacts for school sites, noise attenuation measures, environmentally sensitive areas, tree protection areas, special buffer/landscaping areas, water courses, flood plain areas, railway lines and hazard areas and shall also make general reference to land uses on adjacent lands including references to any formal development applications, all to the satisfaction of the CITY'S Director of Planning; d) Approved subdivision billboard locations shall be conveniently accessible to the public for viewing. Low maintenance landscaping is required around the sign and suitable parking and pedestrian access may be required between the sign location and public roadway in order to provide convenient accessibility for viewing; and, e) The SUBDIVIDER shall ensure that the information is current as of the date the sign is erected. Notice shall be posted on the subdivision billboard signs advising that information may not be current and to obtain updated information, inquiries should be made at the CITY'S Department of Development and Technical Services. 10. The SUBDIVIDER shall satisfy the 5% parkland dedication for the entire subdivision, which dedication is 0.438 hectares, plus the 0.58 hectares of parkland dedication from the parkland deferral agreement registered on the subject lands, for a total dedication of 1.018 hectares by: 7. DTS-02-242 1) both the conveyance of Blocks 78 and 81 (Stage 1) to the CITY, at no cost and free of encumbrance, which will satisfy 0.634 hectares of the dedication AND either a) a cash-in-lieu contribution for the remainder of the dedication, equivalent to the value of 0.384 hectares of land, with the value of the land determined as of the day before the day of draft approval; OR b) the future conveyance of 0.384 hectares of land for this subdivision on lands legally described as Part of Lot 39, German Company Tract, more specifically Parts 1-6, Reference Plan 58R-11362, in addition to the parkland dedication required for such lands, by the registration of a parkland deferral agreement on such lands; OR c) a combination of a) and b) to the total value of 0.384 hectares of land. WESTMEADOW DRIVE AND BANKSIDE DRIVE SUBDIVISION APPLICATION 30T-01202 ZONE CHANGE APPLICATION ZC 01/02/W/BS DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 11. 12. 13. 14. - 220 - CITY OF KITCHENER SUNVEST DEVELOPMENT CORP. WEST-VICTORIA PARK WARD (CONT'D) The SUBDIVIDER shall have landscape plans for the stormwater management facilities prepared by an environmental professional acceptable to the CITY'S Director of Operations and to obtain therefrom, approval of such plans. The SUBDIVIDER shall prepare a detailed design in accordance with the requirements set out in the CITY's Subdivision Manual and the Grading, Erosion and Siltation Control Plan for the temporary and permanent emergency access to be located on Hydro One lands between Victoria Street and Block 85 (Stage 1) to the satisfaction of Hydro One, the CITY's Director of Operations and the CITY's Director of Engineering Services To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Director of Planning, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the subdivision plan(s), have been satisfied. To convey to the CITY the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of the plan of subdivision: STAGE 1 a) b) c) d) e) Blocks 76 and 77 for 0.3 metre reserve; Blocks 78 and 81 for park purposes; Block 80 for wetland/stormwater management purposes; Blocks 82 and 84 for open space/stormwater management purposes; Block 83 for open space purposes. STAGE 2 a) b) Block 25 for SWM facility access; Block 26 for 0.3 metre reserve. STAGE 3 a) Block 31 for 0.3 metre reserve. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfies the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services: That the owner agrees to stage the development of this subdivision in a manner satisfactory to the Regional Commissioner of Planning, Housing and Community Services. That the subdivision agreement be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the Regional Commissioner of Planning, Housing and Community Services prior to final approval of the subdivision plan. 7. DTS-02-242 WESTMEADOW DRIVE AND BANKSIDE DRIVE SUBDIVISION APPLICATION 30T-01202 ZONE CHANGE APPLICATION ZC 01/02/W/BS SUNVEST DEVELOPMENT CORP. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 - 221 - CITY OF KITCHENER WEST-VICTORIA PARK WARD (CONT'D) a) That the owner enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Engineering shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. b) That the owner include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfilment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered." That prior to any grading, the owner shall prepare a storm water management report to be submitted for approval for the entire draft plan of subdivision to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. That prior to the registration of Stage One of the plan, the owner shall prepare a noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from Regional Road No. 55 (Victoria Street), and if necessary, the owner shall enter into a registered agreement with the Regional Municipality of Waterloo to provide for implementation of the approved noise study attenuation measures prior to the issuance of building permits. That the owner enter into an agreement with the City of Kitchener that no dwelling units in this plan of subdivision will be constructed with finished floor elevations greater than 377 MASL in order to maintain adequate water pressure. That the owner receive written confirmation from Hydro One indicating that they have no objection to the temporary and permanent emergency access extending across their property from Winding Meadow Court to Victoria Street and forward this confirmation to the Regional Commissioner of Planning, Housing and Community Services prior to the issuance of Regional Road Access Permits for each access respectively. 7. DTS-02-242 WESTMEADOW DRIVE AND BANKSIDE DRIVE SUBDIVISION APPLICATION 30T-01202 ZONE CHANGE APPLICATION ZC 01/02/W/BS SUNVEST DEVELOPMENT CORP. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 - 222 - CITY OF KITCHENER WEST-VICTORIA PARK WARD (CONT'D) That the owner submit a detailed design drawing to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services for the temporary emergency access to Highland Road and for the temporary and permanent emergency access at Victoria Street prior to the issuance of Regional Road Access Permits for each access respectively. 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 SUBDIVIDER shall submit the following plans and reports to the satisfaction and approval of the Grand River Conservation Authority: a) A detailed Stormwater Management Report and plans in accordance with the 1994 Ministry of the Environment and Energy Report entitled "Stormwater Management Practices Planning and Design Manual" and in keeping with the Preliminary Stormwater Management Report outlined within the Environmental Impact Study (prepared by Planning and Engineering Initiatives Ltd. and Thompson Environmental Planning Design Ltd. dated July 5, 2002. b) A detailed Lot Grading, Servicing and Drainage Plan c) An Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority's Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. d) An application for Fill, Construction and Alteration to Waterways Regulation Permit pursuant to Ontario Regulation 149, as amended, prior to any construction within a wetland or floodplain of the Detweiler Greenway. That prior to final approval of the plan for registration, the SUDIVIDER shall submit a lot grading and drainage plan, showing existing and final grades, to Hydro One for review and approval. Drainage shall be controlled and directed away from Hydro One property. That prior to the start of construction, the SUBDIVIDER shall install temporary fencing along the edge of lands owned by Hydro One at the SUBDIVlDER's cost. That following the completion of construction, the SUBDIVIDER shall install permanent fencing along lands owned by Hydro One at the SUBDIVlDER's cost. That Hydro One property is not to be used without the express written permission of Hydro One Networks Inc. During construction there will be no storage of materials or mounding of earth or other debris on the right-of-way. The proponent will be responsible for restoration of any damage to the right- of-way from construction of the subdivision. DTS-02-242 WESTMEADOW DRIVE AND BANKSIDE DRIVE SUBDIVISION APPLICATION 30T-01202 ZONE CHANGE APPLICATION ZC 01/02/W/BS SUNVEST DEVELOPMENT CORP. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 - 223 - CITY OF KITCHENER WEST-VICTORIA PARK WARD (CONT'D) That the costs of any relocations or revisions to Hydro One facilities that are necessary to accommodate this subdivision will be borne by the SUBDIVIDER. 5. CLEARANCE CONDITIONS That prior to the signing of the final plan by the City's Director of Planning, the Director shall be advised by the Regional Commissioner of Planning, Housing and Community Services that Conditions 3.1-3.8 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied. That prior to the signing of the final plan by the City's Director of Planning, the Director shall be advised by the Grand River Conservation Authority that Condition 4.1 has been carried out to the satisfaction of the GRCA. The clearance letter from the GRCA shall include a brief statement detailing how the condition has been satisfied. That prior to the signing of the final plan by the City's Director of Planning, the Director shall be advised by Hydro One that Conditions 4.2 to 4.6 have been carried out to the satisfaction of Hydro One. The clearance letter from Hydro One shall include a brief statement detailing how the condition has been satisfied. That prior to the signing of the final plan by the City's Director of Planning, the Director shall be advised by Kitchener-Wilmot Hydro that Conditions 2.2.5 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. That prior to the signing of the final plan by the City's Director of Planning, the Director shall be advised by the telephone companies that Conditions 2.2.6 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. 6. NOTES Development Charges The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality are applicable. Registry Act The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. Updated Information It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Development and Technical Services Department of any changes in ownership, agent, address and phone number. DTS-02-242 F~es The owner/developer is advised that the City of Kitchener and the Regional Municipality of Waterloo have adopted By-Laws, pursuant to Section 69 of WESTMEADOW DRIVE AND BANKSIDE DRIVE SUBDIVISION APPLICATION 30T-01202 ZONE CHANGE APPLICATION ZC 01/02/W/BS SUNVEST DEVELOPMENT CORP. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 - 224 - CITY OF KITCHENER WEST-VICTORIA PARK WARD (CONT'D) the Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. Approvals for Servicing Systems The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Stormwater Management The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Sewage System The proposed sanitary sewage collection system meets the definition of a "sewage works' as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Planning Act Applicability This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). Regional Servicing Agreement The owner/developer is advised that draft approval is not a commitment by The Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Engineering to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. 7. DTS-02-242 WESTMEADOW DRIVE AND BANKSIDE DRIVE SUBDIVISION APPLICATION 30T-01202 ZONE CHANGE APPLICATION ZC 01/02/W/BS SUNVEST DEVELOPMENT CORP. WEST-VICTORIA PARK WARD (CONT'D) DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 10. 11. 12. - 225 - CITY OF KITCHENER Registration Release To ensure that a Regional Release is issued by the Regional Commissioner of Planning and Culture to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. Hydro Lands The transmission lines abutting this subdivision operate at either 500,000 or 230,000 volts. Section 186 - Proximity - of the Regulations for Construction Projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to the energised 500 kV conductor. The distance for a 230kV conductor is 3 metres (10 feet). It is the proponent's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line. Final Plans - Subdivision When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the signature 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" PRESENTATION - PAVEMENT MANAGEMENT SYSTEM Mr. Larry Lynch and Mr. Eric Saunderson, City of Kitchener, and Mr. Fred Stephenson and Ms. Agnieszka Bevan, Stantec Engineering, attended to provide an overhead slide presentation of the City's Pavement Management System for 2002. A copy of the presentation was also circulated to Committee members. A joint presentation was made by the delegation. A pavement management system was defined as the application of computer based software which uses field data for qualitative assessments on a defined road network. The system can be used to store road network data, monitor pavement deterioration and predict future performance, assess rehabilitation needs and prioritize rehabilitation work based on defined budgets. Details on data collection and various performance indicators were discussed. It was noted that pavement management systems require periodic re- evaluation and adjustments in order to remain effective and new approaches taken in 2002 were described. PRESENTATION - PAVEMENT MANAGEMENT SYSTEM (CONT'D) Budget scenarios in relation to road maintenance levels and impact on future costs and pavement life cycles were presented. The cost / benefit of more or less up front road investment funding and long term effects was raised. Mayor C. Zehr questioned if a business case could be made for DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 - 226 - CITY OF KITCHENER investing additional funds earlier to achieve savings in the long run. Questions were raised as to what amount of additional road expenditures would be required to raise the level of the pavement quality index by various points from the level the index would otherwise be at by the end of the 10 year capital forecast in the year 2012. Mr. J. Fielding advised that staff would address this question and report back for the 2003 budget deliberations. DTS-02-261 DTS-02-260 ADDENDUM TO REPORT DTS-02-260 STAGING OF DEVELOPMENT REPORT, 2003 - POST 2004 The Committee was in receipt of Development and Technical Services Department report DTS-02- 260 (Staging of Development Report, 2003 - Post 2004) and addendum report DTS-02-261 dated November 22, 2002 containing revisions that have been incorporated into the staging report. It was noted in the staging report that it sets out the municipal intention toward the scheduling and processing of plans of subdivision for residential, industrial and commercial development. Mr. B. Sloan commented on the report and advised of the 5 new parcels of land that had been included being #86, 87, 89, 90 and 91 on the map of staging as attached to the report. He advised that in 2003 that there were approximately 10 plans that could be considered for draft approval. He commented on the requests for advancement that had been received and noted that staff were unable to support most of them based on the guidelines that he itemized. It was pointed out that there was approximately a 2 year supply of lots for single detached dwellings currently available in registered plans. Mr. Sloan also remarked on a comment contained in report DTS-02-261 under the financial implications section. He advised that this comment was being revised as a result of correspondence dated December 2, 2002 received from Mr. G. Bromberg, President of the Waterloo Region Homebuilders Association and in this regard circulated a memorandum dated December 2, 2002 from G. Stewart and J. Willmer outlining revised wording with respect to the financial implications section of the report. Councillor C. Weylie referred to a letter dated November 28, 2002 received from Mr. R. Hardie who was acting on behalf of 1071745 Ontario Limited with respect to the property in the Highland West community listed as site #8 on the staging report. Mr. Sloan commented on Mr. Hardie's request for advancement from priority C to priority A in 2003. Mr. Steve Vogel attended respecting the staging report as it relates to the limitations established by the Region of Waterloo on development in Bridgeport East as a result of the Bridge Street Area Transportation Plan which he stated has been shown to be factually incorrect. He noted that small developers in Bridgeport East had been shut out and predicted any update on the transportation plan would take so long that the current freeze on development would be effectively left in place and finally questioned where the system failed. Mr. J. Willmer commented that the system had not failed pointing out that the City had participated in the Region's Bridgeport study and since then, the results of the study have been upheld and recently the Region put a freeze on development in Bridgeport East. No other delegations were registered respecting this matter. On motion by Mayor C. Zehr - it was resolved: "That the Staging of Development Report 2003-Post 2004 (DTS-02-260-PL) including timing revisions recommended in addendum report DTS-02-261 be approved; and further, DTS-02-261 ADDENDUM TO REPORT DTS-02-260 DTS-02-260 STAGING OF DEVELOPMENT REPORT, 2003 - POST 2004 (CONT'D) That wording regarding subdivisions, infill development and allocation of City resources under the 'Financial Implications' section of report DTS-02-261 be deleted from the staff report and replaced with the wording contained in a memorandum dated December 2, 2002 from G. Stewart and J. Willmer." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 - 227 - CITY OF KITCHENER 10. DTS-02-254 33 OLD COUNTRY DRIVE SUBDIVISION APPLICATION 30T-02207 CONDOMINIUM APPLICATION 30 CDM-02205 ZONE CHANGE APPLICATION ZC 02131101CB EDMUND FARRAGE FAIRVIEW-GATEWAY WARD The Committee was advised that a subdivision application, condominium application and zone change application had been received from Edmund Farrage with respect to a parcel of land 0.753 hectares known municipally as 33 Old Country Drive. It was noted in the staff report that the plan of subdivision proposes to create 20 individually owned lots to be developed with townhouse units that front onto a private road and that the plan of condominium provides for the lots to be linked to the 'common element' condominium (private road) as Parcels of Tied Lands. The rezoning application provides for the proposed street townhouses to front onto a private road, a reduction in the side and rear yard requirements and an increase in lot coverage through a special regulation. In this regard, the Committee considered Development and Technical Services Department report DTS-02-254 dated November 18, 2002 and a proposed by-law dated November 21, 2002 attached to the report. The Committee was also in receipt of report DTS-02-276 dated December 2, 2002 prepared as an addendum to report DTS-02-254 which requests the conditions listed under Regional Municipality of Waterloo conditions (B 3) be deleted and replaced with a revised condition contained in the addendum report. As well, the addendum report requests that the maps of subdivision and condominium dated September 23, 2002 be replaced with maps dated December 2, 2002 attached to the addendum report and that these date revisions be referenced in recommendations B 1 and C 1 of report DTS-02-254. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. J. Willmer briefly described the purpose of the two reports and advised that staff had nothing further to add. Mr. Tom Hardacre, Planning and Engineering Initiatives, attended on behalf of the applicant to indicate support of the recommendations in the two staff reports. No other delegations were registered respecting this matter. On motion by Councillor J. Gazzola - it was resolved: That Zone Change Application ZC 02/31/O/CB (33 Old Country Drive - Edmund Farrage) for the purpose of changing the zoning from Residential Six Zone (R-6) with Special Regulation Provision 292R to Residential Six Zone (R-6) with a revised Special Regulation Provision 292R, on lands legally described as Part of Block 293 Registered Plan No. 1349 (Parts 1 & 2 Plan 58R-12325) in the City of Kitchener, be approved in the form shown in the "Proposed By-law, dated November 21, 2002 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. 10. DTS-02-254 33 OLD COUNTRY DRIVE SUBDIVISION APPLICATION 30T-02207 CONDOMINIUM APPLICATION 30 CDM-02205 ZONE CHANGE APPLICATION ZC 02131101CB EDMUND FARRAGE FAIRVIEW-GATEWAY WARD (CONT'D) DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 - 228 - CITY OF KITCHENER 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 2002-164, grant draft approval to Plan of Subdivision Application 30T-02207 (33 Old Country Drive), in the City of Kitchener, for Edmund Farrage, subject to the following conditions: That this approval applies to Plan of Subdivision 30T-02207 as shown on the plan prepared by Planning & Engineering Initiatives Ltd., dated August 14, 2002 as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated December 2, 2002, which shows the following: Block 1 - Multiple Residential (5 townhouses) Block 2 - Multiple Residential (5 townhouses) Block 3 - Multiple Residential (5 townhouses) Block 4 - Multiple Residential (5 townhouses) Block 5 - Driveway/Open Space 2. CITY OF KITCHENER CONDITIONS: 2.1 That the Subdivider shall enter into a City Standard City Residential Subdivision Agreement which shall include PART 1, PART 5 and PART 6 as approved by City Council, respecting those lands shown outlined on the attached Plan of Subdivision prepared by the City of Kitchener, dated November 21,2002 which shall contain the following special condition: Section 6 Other Time Frames 6.10 That the Subdivider irrevocably direct its solicitors and surveyors to register Plan of Condominium 30CDM-02205 immediately after the registration of Plan of Subdivision 30T-02207 and prior to any interest in any lot created by the plan of subdivision being conveyed or the subject of a charge to third parties. Any conveyance or charge/mortgage of any interest therein made after the registration (other than may have existed prior to the registration of the Plan of Subdivision) of the Plan of Subdivision 30T-02207 and prior to the registration of Plan of Condominium 30CDM-02205 is null and void and of no effect. Anyone who purports to acquire any interest in any one or more of the said lots after the registration of Plan of Subdivision 30T-02207 and prior to the registration of Plan of Condominium 30CDM-02205 is bound as successor in title to the Subdivider to convey, free and clear of encumbrance, the same to the City of Kitchener or to a person including the Subdivider as directed in writing by the City of Kitchener. 2.2. That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions: The City Standard Residential Subdivision Agreement be registered on title. The final plan for registration shall show all lots intended for development as residential dwellings and a City Standard Supplementary Residential Subdivision Agreement showing such lotting shall be registered prior to registration. 10. DTS-02-254 33 OLD COUNTRY DRIVE SUBDIVISION APPLICATION 30T-02207 CONDOMINIUM APPLICATION 30 CDM-02205 ZONE CHANGE APPLICATION ZC 02131101CB EDMUND FARRAGE FAIRVIEW-GATEWAY WARD (CONT'D) DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 - 229 - CITY OF KITCHENER That the Plan of Subdivision not be released for registration until such time as all of the conditions of draft approval of Plan of Condominium 30CDM-02205 have been met to the satisfaction of the Director of Planning. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Director of Planning and shall obtain approval therefrom. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. The SUBDIVIDER shall make satisfactory arrangements with Kitchener Wilmot Hydro for the provision of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telephone services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: (a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to HYDRO, and telephone companies and the City, to the CITY'S Director of Planning. (b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering Services for municipal services; (c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; (d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Director of Planning or, in the case of parkland, the CITY'S General Manager of Community Services; and 10. DTS-02-254 33 OLD COUNTRY DRIVE SUBDIVISION APPLICATION 30T-02207 CONDOMINIUM APPLICATION 30 CDM-02205 ZONE CHANGE APPLICATION ZC 02131101CB EDMUND FARRAGE FAIRVIEW-GATEWAY WARD (CONT'D) DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 - 230 - CITY OF KITCHENER (e) to provide to the CITY'S Director of Planning, a clearance letter from each of HYDRO and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Director of Planning, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the subdivision plan(s), have been satisfied. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfy the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning Housing and Community Services: 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 Municipality of Waterloo prior to final approval of the subdivision plan. 4. CLEARANCE CONDITIONS FOR 30T-02207 That prior to the signing of the final subdivision plan by the City's Director of Planning, the Director shall be advised by the telephone companies that Conditions 2.2.7 and 2.2.8 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions have been satisfied. That prior to the signing of the final subdivision plan by the Director of Planning, the Director shall be advised by Kitchener Wilmot Hydro that Conditions 2.2.6 and 2.2.8 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions have been satisfied. That prior to the signing of the final subdivision plan by the Director of Planning, the Director shall be advised by the Regional Municipality of Waterloo, that Condition 3.1 has been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions have been satisfied. That the City of Kitchener pursuant to Section 51(31) of the Planning Act R.S.O. 1990, Chapter P. 13 as amended, and delegation by-law 2002-164, grant draft approval to Plan of Condominium Application 30CDM-02205 (33 Old Country Drive), in the City of Kitchener for Edmund Farrage, subject to the following Conditions: 10. DTS-02-254 That this approval applies to Draft Plan of Condominium 30CDM-02205 for Edmund Farrage, prepared by Planning and Engineering Initiatives Limited, dated August 14, 2002, as shown on the attached Plan of Condominium prepared by the City of Kitchener dated December 2, 2002, that shows a driveway/open space block (Block 1 ). 33 OLD COUNTRY DRIVE SUBDIVISION APPLICATION 30T-02207 CONDOMINIUM APPLICATION 30 CDM-02205 ZONE CHANGE APPLICATION ZC 02131101CB EDMUND FARRAGE FAIRVIEW-GATEWAY WARD (CONT'D) 2. That the final plan shall be prepared in accordance with the above noted DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 - 231 - CITY OF KITCHENER plan, with a copy of the final plan being approved by the City's Director of Planning. That the owner submit a draft Condominium Declaration for approval by the City's Director of Planning containing but not limited to the following provisions: That the parking and storage of derelict vehicles and recreation vehicles on the subject lands is prohibited. ii) That public and private sidewalks, driveways and parking areas be maintained in a snow free condition and void of any obstructions 12 months of the year. Snow shall not be piled on City lands to the rear of the site and City lands shall not be impacted from runoff from the snow removal. iii) That a private contractor will pick up and dispose of garbage refuse from the designated refuse area. iv) That the Owner agrees to maintain the subject lands in compliance with the site plan approved by the City's Manager of Design and Development, for the life of the development on the subject lands. v) That access rights will be maintained for Kitchener-Wilmot Hydro. That the surveyors for the Subdivider shall advise the City's Director of Planning, in writing, that the required description and other plans to be registered by the Subdivider in order to achieve registration of the common elements condominium have been unconditionally approved as to form and content by the Registry Office. That the solicitors for the Subdivider shall advise the City's Director of Planning, in writing, that the proposed condominium declaration has been unconditionally approved as to form and content by the Registry Office. That the Solicitors for the Subdivider advise the City's Director of Planning that the declaration has been executed on behalf of the Subdivider and that all of the schedules to the proposed condominium declaration have been signed by the requisite signatories including the Subdivider, the project surveyor, the project solicitor and the project engineer and/or architect and all mortgagees. That the owner submit a draft of the executed declaration, with the provisions as required in condition 3 hereof, for approval by the City's Director of Planning with such approval being required to be obtained prior to registration. That satisfactory arrangements, be made with the City of Kitchener for the payment of any outstanding Municipal property taxes, utility accounts, and/or local improvement charges. 10. DTS-02-254 i) To complete any outstanding site development work required by the Section 41 Development Agreement registered as Instrument 33 OLD COUNTRY DRIVE SUBDIVISION APPLICATION 30T-02207 CONDOMINIUM APPLICATION 30 CDM-02205 ZONE CHANGE APPLICATION ZC 02131101CB EDMUND FARRAGE FAIRVlEW-GATEWAY WARD (CONT'D) Number LT0043084 or, to submit to the City of Kitchener a Letter of DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 - 232 - CITY OF KITCHENER Credit to cover any remaining cost of all outstanding development works not provided for by the Letter of Credit already deposited with the City, as required under the Section 41 Development Agreement. The Letter of Credit required for the plan of condominium registration and the Letter of Credit required by the Section 41 Development Agreement shall cover 100 percent of the cost of all outstanding development works. ii) The Letters of Credit shall be kept in force until the completion of the required site development works in conformity with their approved designs. If either, or both, Letters of Credit are about to expire without renewal thereof and the works have not been completed in conformity with their approved designs, the City may draw all of the funds so secured and hold them as security to guarantee completion, unless the City Solicitor is provided with a renewal of the Letters of Credit forthwith. iii) In the event that the Owner fails to complete, to the satisfaction of the City's Director of Planning, the required site development works in conformity with the approved design, then it is agreed by the Owner that the City, its employees, agents or contractors may enter on the lands and so complete the required site development works to the extent of the monies received under the Letters of Credit. The cost of completion of such works shall be deducted from the monies obtained from the Letters of Credit. In the event that there are required site development works remaining to be completed, the City may by by- law exercise its authority under Section 326 of the Municipal Act to have such works completed and to recover the expense incurred in doing so in like manner as municipal taxes. iv) Other forms of performance security may be substituted for Letters of Credit, at the request of the Owner, provided that approval is obtained from the City Treasurer and City Solicitor. 10. To expedite the approval for registration, the SUBDIVIDER shall submit to the City's Director of Planning, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the plan, have been satisfied. NOTES Development Charges The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality are applicable. Registry Act The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. The condominium plan for registration must be in conformity with Ontario Regulation 43/96 as amended, under the Registry Act. 10. DTS-02-254 33 OLD COUNTRY DRIVE SUBDIVISION APPLICATION 30T-02207 CONDOMINIUM APPLICATION 30 CDM-02205 ZONE CHANGE APPLICATION ZC 02131101CB EDMUND FARRAGE FAIRVIEW-GATEWAY WARD (CONT'D) Updated Information DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 - 233 - CITY OF KITCHENER It is the responsibility of the owner of the lands subject to this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Department of Development and Technical Services of any changes in ownership, agent, address and phone number. Fees The owner/developer is advised that the City of Kitchener and the Regional Municipality of Waterloo have adopted by-laws, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. Planning Act Applicability This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.C. 1996, c.4 (Bill 20). Regional Servicing Agreement The owner/developer is advised that draft approval is not a commitment by The Regional Municipality of Waterloo to water and wastewater servicing capacity. To ensure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Engineering to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. Registration Release 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 15 th. Regional staff can not ensure that a Region Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. 10. DTS-02-254 Final Plans - Subdivision When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the signature of the Director of Planning will be endorsed on the plan 33 OLD COUNTRY DRIVE SUBDIVISION APPLICATION 30T-02207 CONDOMINIUM APPLICATION 30 CDM-02205 ZONE CHANGE APPLICATION ZC 02131101CB EDMUND FARRAGE FAIRVIEW-GATEWAY WARD (CONT'D) and it will be forwarded to the Registry Office for registration. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 - 234 - CITY OF KITCHENER 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 Final Plans - Condominium When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the signature of the Director of Planning will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: 11. One (1) original mylar Six (6) mylar copies Six (6) white paper prints One (1) J-1 Form It is the opinion of this Committee that approval of the Subdivision Application and the Condominium Application is proper planning for the City." DTS-02-253 CRPS-02-276 - ZONE CHANGE APPLICATION ZC 021401TCICB - REGULATIONS FOR PRIVATELY OPERATED SNOW DISPOSAL SITES - CITY WIDE, CITY INITIATED - AMENDMENTS TO MUNICIPAL CODE RE: SNOW DISPOSAL SITES - CHAPTER 665 (PROPERTY STANDARDS FOR MAINTENANCE & OCCUPANCY), AND - ESTABLISHMENT OF LICENSING CHAPTER 11. :l-he Committee was advised of a City initiated zone change application with respect to adding a definition for snow disposal sites to Zoning By-law 85-1. In this regard, the Committee considered Development and Technical Services Department report DTS-02-253 dated November 22, 2002 and a proposed by-law dated November 26, 2002 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. The Committee was also in receipt of Corporate Services Department report CRPS-02-276 dated November 27, 2002 prepared by S. Turner and J. Koppeser pertaining to proposed amendments to the Municipal Code regarding snow disposal sites. Attached to the report was a proposed by- law to license snow disposal sites. This report had inadvertently been advertised for consideration by the Finance and Corporate Services Committee at 2:00 p.m. this date. However, no one appeared at that meeting and the report was referred to the Development and Technical Services Committee for consideration along with staff report DTS-02-253. DTS-02-253 CRPS-02-276 - ZONE CHANGE APPLICATION ZC 021401TCICB - REGULATIONS FOR PRIVATELY OPERATED SNOW DISPOSAL SITES - CITY WIDE, CITY INITIATED - AMENDMENTS TO MUNICIPAL CODE RE: SNOW DISPOSAL SITES - CHAPTER 665 (PROPERTY STANDARDS FOR MAINTENANCE & OCCUPANCY), AND - ESTABLISHMENT OF LICENSING CHAPTER (CONT'D) Mr. J. Willmer commented on report DTS-02-253 and pointed out that after consideration by staff it DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 - 235 - CITY OF KITCHENER was their view that zoning alone did not address Council's concerns respecting the snow disposal issue and consequently staff had engaged property standards and licensing officials pertaining to this matter. In reference to the zoning he advised that staff had narrowed possible sites down and after factoring other criteria had found that there was no ideal spot in the City in which to use the zoning by-law to address concerns. He advised that as an interim approach staff had developed a definition of snow disposal site to be added to the zoning by-law and were recommending further investigation be undertaken as outlined in the staff report for completion by the fall of 2003. Mr. S. Turner, Director of Enforcement, attended to briefly summarize the content of report CRPS- 02-276. Mr. J. Willmer suggested that if staff could address any complaints regarding snow disposal sites through enforcement of property standards and licensing regulations, it would not be necessary to enforce the zoning by-law provisions. No delegations were registered respecting this matter. On motion by Councillor M. Galloway - it was resolved: "That Zone Change Application ZC 02/40/TC/CB (City Initiated), to add a definition for "Snow Disposal Sites" to Section 4.2 (Definitions) of Zoning By-law 85-1 be approved in the form shown in the Proposed By-law, dated November 26, 2002. Adding this definition will permit snow disposal sites: a) b) In Downtown Zones (D-1 and D-2) without the need for a zone change. In other zones subject to approval of a site specific zone change. It is the opinion of this Committee that approval of this application is proper planning for the City. - and - That staff be directed to investigate a more comprehensive approach to regulating snow disposal by private contractors, through the generation of site specific criteria for snow disposal sites, to be completed by the Fall of 2003, including the possibility of providing additional City-operated snow disposal sites. - and - That staff be directed to prepare a by-law for Council's consideration at the December 9, 2002, Council meeting to licence Snow Disposal Sites, based on the proposed by-law dated November 28, 2002, attached to Finance and Corporate Services Report CRPS-02- 276. - and - 12. That staff be directed to prepare a by-law for Council's consideration at the December 9, 2002, Council meeting to amend the Municipal Code, Chapter 665 (Property Standards), to define a snow disposal site and a snow storage site and to regulate the storage of snow on these sites to limit safety hazards and the adverse impact on adjacent lands." DTS-02-250 PERMIT ONLY PARKING IN HOSPITAL AREAS The Committee was in receipt of Development and Technical Services Department report DTS-02- 250 dated November 20, 2002 dealing with program details respecting the permit only parking program to be implemented in hospital areas of the City. Councillor B. Vrbanovic suggested that the transportation planning staff survey referred to in the report recommendation be undertaken jointly with respective Ward Councillors and proposed that the recommendation be revised in this regard. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 - 236 - CITY OF KITCHENER On motion by Councillor B. Vrbanovic - it was resolved: "That 'Permit Only Parking' be implemented on all residential roadways in the immediate area of St. Maw's, Grand River and Freeport Hospitals; and, That Transportation Planning and the Ward Councillor survey the residents of each roadway within the designated hospital areas to ensure majority concensus prior to implementation of the 'Permit Only Parking' program; and, That the Uniform Traffic By-law be amended accordingly; and, That funds in the amount of $28,000 for the installation of the necessary signs be referred to the 2003 Capital Budget; and further, That funds in the amount of $2,800 be included in the annual Operating Budget." 13. DTS-02-245 CITY OF KITCHENER RESPONSE RE REGION OF WATERLOO DRAFT SIGN BY-LAW The Committee considered Development and Technical Services Department report DTS-02-245 dated November 22, 2002 dealing with a review of a proposed by-law respecting signs on regional roads. Mr. J. Willmer briefly summarized the purpose of the report. Councillor B. Vrbanovic commented that it would be desirable to have a common sign by-law within all municipalities of the region and suggested the report recommendation be revised in this regard. On motion by Councillor B. Vrbanovic - it was resolved: "That Council endorse the staff comments contained in Development and Technical Services Department report DTS-02-245 regarding the draft Regional Sign By-law and direct staff to forward their comments to the Regional Municipality of Waterloo; and further, That the City of Kitchener encourage the Regional Municipality of Waterloo to work with area municipalities to develop a coordinated sign by-law." 14. TRAFFIC CONDITIONS - OLD HURON ROAD / NEW BATTLER ROAD Councillor M. Galloway raised a concern regarding traffic conditions that he put forward on behalf of Mr. K. Ziegler. The intersection was a two way stop and it has been suggested it should have an all-way stop. It was agreed that Mr. J. McBride would report back on this matter. 15. 16. SIGN BY-LAW INQUIRY Mayor C. Zehr advised that Council was in receipt of a letter dated November 29, 2002 from A to Z Signs Limited and referred the correspondence to planning staff for consideration and response, ADJOURNMENT On motion, the meeting adjourned at 8:50 p.m. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES DECEMBER 27 2002 - 237 - CITY OF KITCHENER L.W. Neil, AMCT Assistant City Clerk