COMMITTEE OF THE WHOLE MEETING Monday, October 3, :30 P.M. AGENDA

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1 THIS MEETING MAY BE TELECAST ON PUBLIC TELEVISION OR WEBCAST ON THE CITY S PUBLIC WEBSITE COMMITTEE OF THE WHOLE MEETING Monday, October 3, :30 P.M. Councillor Durrell in the Chair AGENDA 1. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 2. APPROVAL OF MINUTES a) September 12, Page 5 3. PRESENTATION None Recommendation: That the minutes of the held on September 12, 2016 be approved as printed. 4. CONSENT MOTION None Page 1 of 72 October 3, 2016

2 5. INFORMAL/FORMAL PUBLIC MEETINGS Informal Public : None Formal Public : a) Title: Zoning By-law Amendment Z to Page 12 Remove a H Holding Provision from Batavia Place Report No.: IPPW Prepared By: Rita Szilock 6. STAFF REPORTS Recommendations: 1. That IPPW be approved. 2. That Council approve Zoning By-law Amendment Z , submitted by 311 Batavia Inc., to remove the holding ( H ) symbol from the lands municipally known as Batavia Place, in accordance with Section 6 of IPPW a) Title: Special Servicing Agreement 311 Batavia Page 24 Place Report No.: IPPW Prepared By: Ronda Werner Recommendations: 1. That IPPW be approved. 2. That the Mayor and Clerk be authorized to sign the Special Servicing Agreement (Attachment B) between the City of Waterloo and 311 Batavia Inc., subject to approval by the City s Director of Legal Services. b) Title: Updates to Ontario Land Use Plans: City of Page 43 Waterloo Review and Comment Report No.: IPPW Prepared By: Ric Martins Presentation: Ric Martins, Policy Planner Page 2 of 72 October 3, 2016

3 Recommendations: 1. That IPPW be approved. 2. That IPPW be forwarded to the Province as the City of Waterloo s comments to the Coordinated Land Use Review. 3. That Council express its concern to the Province with respect to the significance of changes particularly regarding municipal comprehensive reviews, regeneration areas, greenfield densities, intensification rates and the lack of appropriate transition considerations within the proposed Growth Plan. c) Title: Cemetery Services Advancement of Land Page 57 Lease / Crematorium Disposition RFP Report No.: COM Prepared By: Bryce Crouse Presentation: Bryce Crouse, Manager Cemeteries and Horticulture Recommendations: 1. That Council approve report COM That Council direct staff to proceed with the next steps of the Cemetery Services Advancement of Land Lease/Crematorium Disposition RFP report including release of a Request for Proposal. d) Title: Lake Louise Boulevard Traffic Calming Page 65 Report No.: IPPW Prepared By: Chris Hodgson Presentation: Chris Hodgson, Senior Project Engineer, Active Transportation & LRT Integration Delegation: 1) Robert Lake 2) Jay Boyer Recommendations: 1. That IPPW be approved. 2. That Council approve the recommended traffic calming plan for Lake Louise Boulevard as contained in report IPPW and direct staff to complete the design and installation in Page 3 of 72 October 3, 2016

4 3. That staff prepare the amendments to Traffic & Parking By-law # to accommodate the approved changes to Lake Louise Boulevard. 7. CONSIDERATION OF NOTICE OF MOTION GIVEN AT PREVIOUS MEETING None 8. NOTICE OF MOTION 9. COMMUNICATIONS AND CORRESPONDENCE None 10. REGIONAL INFORMATION AND CORRESPONDENCE None 11. UNFINISHED BUSINESS 12. NEW BUSINESS i. Delegations ii. Items removed from Consent Motion to be dealt with separately iii. Staff Reports iv. Other Business 13. QUESTIONS 14. ADJOURNMENT Page 4 of 72 October 3, 2016

5 Minutes Page 281 September 12, 2016 A meeting of the of The Corporation of the City of Waterloo was held on September 12, 2016 at 2:01 p.m. in the Council Chambers, 100 Regina Street South, Waterloo, Ontario. COMMITTEE OF THE WHOLE MEETING Monday, September 12, 2016 Minutes - DRAFT PRESENT: ABSENT: Mayor Dave Jaworsky, Councillor Brian Bourke, Councillor Angela Vieth, Councillor Diane Freeman, Councillor Mark Whaley, Councillor Jeff Henry, Councillor Melissa Durrell Councillor Bob Mavin Councillor Whaley in the Chair 1. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Durrell declared a pecuniary interest with respect to staff report IPPW WLU / WCI Feasibility Study due to her spouse s place of employment. No disclosure of pecuniary interest was declared by any other member of Council at this point in the meeting. Page 5 of 72 October 3, 2016

6 Minutes Page 282 September 12, APPROVAL OF MINUTES a) June 13, Moved by Councillor Durrell, seconded by Mayor Jaworsky: 3. STAFF REPORTS That the minutes of the held on June 13, 2016 be approved as printed. Carried Unanimously Having earlier declared a pecuniary interest with respect to staff report IPPW WLU / WCI Feasibility Study, Councillor Durrell left the meeting. (Time: 2:02 pm) a) Title: WLU / WCI Feasibility Study Report No.: IPPW Prepared By: Scott Nevin Scott Nevin, Director, Growth Management introduced the consultants from Live Work Learn Play. Joseph Milos, Live Work Learn Play Consultant, reviewed the report and responded to questions of Council. Moved by Councillor Henry, seconded by Councillor Freeman: 1. That Council receive Report CAO and the accompanying Feasibility Study attached as Appendix A, for information. 2. That staff be directed to report back to Council with recommendations for how Council should proceed regarding the Feasibility Study after further consultation with the Waterloo Region District School Board, Wilfrid Laurier University and other potential stakeholders. Carried 5 Voting in Favour 1 Voting in Opposition (COUNCILLOR WHALEY) (Councillor Durrell absent for the vote) Council Recessed. Council Reconvened. (Time: 2:45 p.m.) (Time: 6:31 p.m.) Page 6 of 72 October 3, 2016

7 Minutes Page 283 September 12, 2016 PRESENT: ABSENT: Mayor Dave Jaworsky, Councillor Brian Bourke, Councillor Angela Vieth, Councillor Diane Freeman, Councillor Mark Whaley, Councillor Jeff Henry, Councillor Melissa Durrell Councillor Bob Mavin Councillor Whaley in the Chair 4. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No disclosure of pecuniary interest was declared by any other member of Council at this point in the meeting. 5. DELEGATIONS a) Royal Medieval Faire Bernie Roehl and Tracy Biggar, Royal Medieval Faire, invited Council to attend their 19th annual festival on Saturday, September 17, 2016 from 11:00 am to 6:00 pm in Waterloo Park. 6. STAFF REPORTS Cont d a) Title: Health & Safety Report August 19, 2016 Prepared By: Susan Bradley Information. b) Title: Traffic & Parking By-law Amendments for Installing Sidewalks in Uptown West Report No.: IPPW Prepared By: Chris Hodgson Chris Hodgson, Senior Project Engineer reviewed the report and responded to questions of Council. Moved by Councillor Durrell, seconded by Mayor Jaworsky: 1. That IPPW be approved. 2. That Traffic and Parking By-law # be updated with the amendments contained herein. Carried Unanimously Page 7 of 72 October 3, 2016

8 Minutes Page 284 September 12, 2016 c) Title: Regional Development Charges Report No.: CAO Prepared By: Justin McFadden Justin McFadden, Executive Director, Economic Development reviewed the report and responded to questions of Council. Moved by Councillor Bourke, seconded by Councillor Vieth: That City of Waterloo Council support the following motions for submission to the Region of Waterloo as part of their September 13th, 2016 public input session regarding the proposed updated Regional DC Bylaw: 1) The Region of Waterloo consider grandfathering projects already in approvals progress (i.e. projects that have received municipal site plan approval) to ensure the development community has the time to move currently planned and financed projects forward and also consider the impact of these new DC s on future long term projects 2) The Region of Waterloo phase these new DC s equitably across all core areas in the region regardless of whether or not a core area exemption is currently in place. 3) The Region of Waterloo ensure that the new transit DC s are at a minimum partially shared with the Townships as all residents of Waterloo Region are sure to benefit from these investments. 7. INFORMAL/FORMAL PUBLIC MEETINGS Formal Public : Carried Unanimously Mayor Jaworsky left the meeting. Mayor Jaworsky returned to the meeting. (Time: 7:25 p.m.) (Time: 7:27 p.m.) a) Title: Zone Change Z-16-12, Supportive Housing of Waterloo, For 402 Erb Street West Report No.: IPPW Prepared By: Trevor Hawkins Olga Smith, City Clerk advised that notice was advertised in the Waterloo Chronicle on August 25, 2016, and mailed or ed on August 23, 2016, to all property owners within 120 metres of the subject property, to public agencies, to all persons who signed in or spoke at the Informal Public held on June 27, 2016, and to all persons who requested further notice. Page 8 of 72 October 3, 2016

9 Minutes Page 285 September 12, 2016 Trevor Hawkins, Manager, Applications & Implementation reviewed the report and responded to questions of Council. Heather Holbrook, GSP Group, James Fryett, James Fryett Architect Inc., and, Gael Gilbert, Executive Director, Supportive Housing of Waterloo (SHOW), provided an overview of the proposed development. Richard Steinmann expressed his concerns with respect to the proposed parking on the site. As no one else was present to speak to the application, the Chair concluded the Formal Public and advised the application is now open to Council for a motion and debate. Moved by Councillor Vieth, seconded by Councillor Freeman: 1. Having considered all written and oral submissions from the public and stakeholders, and considered the professional opinions of planning staff, Council approves Zoning By-law Amendment Z-16-12, 402 Erb Street West, in accordance with Section 7 (Recommendations) of IPPW for the reasons specified in Section 6 (Conclusions) of the report. Moved by Councillor Henry, seconded by Councillor Freeman: Carried Unanimously That Council waive the notice requirement with respect to the Notice of Motion. Moved by Councillor Henry, seconded by Councillor Freeman: Carried Unanimously 1. That Council waive the fees for Zoning By-law Amendment Z-16-12, 402 Erb Street West, in accordance with Section B (Financial Implications) of IPPW ; and 2. That Council approve the development charge exemption for Supportive Housing of Waterloo (SHOW) at 402 Erb Street West, estimated at $49,500 to be funded from the Council Community Priority and Contingency Reserve. Carried Unanimously Page 9 of 72 October 3, 2016

10 Minutes Page 286 September 12, NEW BUSINESS i. Other Business Councillor Vieth advised the Stay and Play for Less Campout at Laurel Creek Park is this Saturday, September 17, Events include a free campfire singalong, free pancake breakfast and free guided nature programs. More information can be found on the Grand River Conservation Area s website at Councillor Durrell advised of various events happening in Uptown Waterloo this coming weekend including: The Waterloo Veggie Food Fair will be held this Saturday, September 17, 2016 at Buddha's Light Centre. There will be tasty vegetarian and vegan food, cultural performances and an Asian merchandise booth. The last Open Streets of the summer is this Sunday, September 18, 2016 from 12-5 p.m. Enjoy live music, art and activities, community groups, businesses and eateries. Local vendors, artists, not-for-profit organizations, and other performers gain the opportunity to share their product and services. The MacGregor Albert Community Association BBQ is this Sunday, September 18, 2016 from 12-2 p.m. Fountain Street will be blocked off from Central to Spring for a street party & BBQ welcoming new students to the neighbourhood and celebrating their 10th anniversary as a heritage conservation district. Councillor Henry advised that the final and third public information center on the Northdale Neighbourhood Streetscape Master Plan is this Wednesday, September 14, 2016 between 4:30 and 8 p.m. at St. Michael s Church. Councillor Freeman advised that a Community Safety regarding break and enters in Ward 4 will be held on Tuesday, September 13, 2016 at Rim Park from 7-8:30 p.m. Page 10 of 72 October 3, 2016

11 Minutes Page 287 September 12, ADJOURNMENT Moved by Councillor Freeman, seconded by Councillor Henry: That the meeting adjourn. (Time: 7:55 p.m.) Carried Unanimously READ AND APPROVED, October 3, 2016 Chair, City Clerk Page 11 of 72 October 3, 2016

12 1 Integrated Planning & Public Works STAFF REPORT Planning Approvals Title: Zoning By-law Amendment Z to remove the Holding Symbol from Batavia Place Report Number: IPPW Author: Rita Szilock Type: Council/Committee Date: October 3, 2016 File: Z Attachments: Appendix A Deferral Appendix B Site Plan Appendix C Building Perspectives Ward No.: Ward 6 Central Columbia Recommendation: 1. That IPPW be approved. 2. That Council approve Zoning By-law Amendment Z-16-13, submitted by 311 Batavia Inc., to remove the holding ( H ) symbol from the lands municipally known as Batavia Place, in accordance with Section 6 of IPPW A. Executive Summary The Applicant has requested an amendment to the Zoning By-law to remove the holding symbol from Batavia Place (the subject lands) to permit the development of a 6 storey residential apartment building with 57 units (57 bedrooms). The proposed development includes a three (3) metre wide active transportation pathway that forms part of the planned connection between Batavia Place and Hickory Street West. Based on Integrated Planning & Public Works review of the application, we support the approval of Z as the Applicant has fulfilled the requirements for the removal of the holding symbol, including: Verification of sufficient servicing capacity (water, sanitary and storm water) to fully service the lands. Page 12 of 72 October 3, 2016

13 2 Integrated Planning & Public Works Verification of sufficient transportation capacity and transportation infrastructure within the surrounding road network affected by the development and/or use of the lands. Verification through site planning that the development will conform to: a. the City s Official Plan; b. the Region s Official Plan; and c. the City s Urban Design Manual, including the Northdale Urban Design Guidelines. B. Financial Implications Staff is not aware of any financial implications to the City with respect to this application. Only the Applicant has the right to appeal. Should the application be appealed, potential costs related to an Ontario Municipal Board hearing may be incurred. C. Technology Implications None. D. Legal Considerations Staff did not seek legal advice. E. Link to Strategic Plan/Economic Vitality (Strategic Priorities: Multi-modal Transportation, Infrastructure Renewal, Strong Community Environmental Leadership, Corporate Excellence, Economic Development) Zoning By-law Amendment Application Z promotes: a) A Strong Community by implementing initiatives in Northdale through intensified development and compact built form, increasing neighbourhood vibrancy and stronger relationships with the post-secondary student population in the broader community. b) Economic Development by continuing a growth management approach that encourages infilling and redevelopment, increasing private sector investment and adding to the revitalization of the Northdale neighbourhood. c) Multi-modal Transportation by facilitating an active transportation link between Batavia Place and Hickory Street West. Page 13 of 72 October 3, 2016

14 3 Integrated Planning & Public Works F. Previous Reports on this Topic None. G. Approvals Name Signature Date Author: Rita Szilock Director: Joel Cotter Commissioner: Cameron Rapp Finance: CAO Page 14 of 72 October 3, 2016

15 4 Integrated Planning & Public Works Zoning By-law Amendment Z to remove the Holding Symbol from Batavia Place IPPW ANALYSIS AND COMMENTS SECTION 1 SUBJECT LANDS Location: Ward: Size: Owner/Applicant: Batavia Place (see inset map) 6 - Central-Columbia 0.23 ha 311 Batavia Inc. Existing Land Use: Single Detached Residential Public Input: An Informal Public is not required for the removal of a holding ( H ) symbol from the subject lands. However, staff held a Neighbourhood on August 17, 2016 to discuss the proposed development and the holding removal process with neighbouring residents, as this is the first intensification project on Batavia Place. Notice of the Formal Public was advertised in the Waterloo Chronicle on September 15, 2016, and mailed on September 14, 2016 to all property owners within 120 metres of the subject property. Page 15 of 72 October 3, 2016

16 5 Integrated Planning & Public Works If Council desires further public consultation prior to making a decision on this application, Council may defer its decision to a subsequent Council meeting using the resolution provided in Appendix A. SECTION 2 BACKGROUND Waterloo City Council approved the Northdale Land Use and Community Improvement Plan Study in June of The implementing zoning for the Northdale neighbourhood introduced the Northdale Mixed Use (NMU) Zone and placed a holding ( H ) symbol on most of the lands within the neighbourhood. Prior to the development of the subject lands, the holding symbol must be removed. A number of requirements must be satisfied to remove the holding symbol, including: Verification of sufficient servicing capacity (water, sanitary and storm water) to fully service the lands. Verification of sufficient transportation capacity and transportation infrastructure within the surrounding road network affected by the development and/or use of the lands. Verification through site planning that the development will conform to: a. the City s Official Plan; b. the Region s Official Plan; and c. the City s Urban Design Manual, including the Northdale Urban Design Guidelines. SECTION 3 APPLICATION REQUEST The Applicant is requesting removal of the holding symbol from the subject lands to permit the development of a 6 storey residential apartment building containing 57 units (57 bedrooms). The Applicant is required to provide the City with an easement for a three (3) metre wide active transportation pathway on the subject lands that will facilitate a pedestrian / cyclist connection between Batavia Place and Hickory Street West, prior to the City releasing a municipal servicing easement on the properties. A copy of the proposed site plan, building perspectives and elevations are included in Appendices B and C. Page 16 of 72 October 3, 2016

17 6 Integrated Planning & Public Works SECTION 4 PLANNING EVALUATION Planning staff have no objections to the removal of the holding symbol from the subject lands. To satisfy the requirements to remove the holding symbol, the Applicant has: Demonstrated that sufficient servicing capacity (water, sanitary and stormwater) will be made available through servicing upgrades to fully service the lands, as described in the following: a. Stormwater Management Report; and b. Servicing Report. The Engineering Services Division has reviewed the above reports and is satisfied with the analysis and conclusions. The Applicant is required to enter into a Special Servicing Agreement with the City to: (1) upgrade municipal infrastructure to service the proposed development; and (2) relocate the existing municipal watermain, strom sewer and corresponding easement that is currently located adjacent to the shared lot line between 311 and 312 Batavia Place. Council must consent to the relocation of the services and easement to allow the proposed development to proceed. The Applicant submitted a Transportation Impact Study (TIS) to demonstrate that there is sufficient transportation capacity and transportation infrastructure within the surrounding road network to support the development. Transportation Services has reviewed the TIS, and do not object to the removal of the holding symbol. Given increased background traffic in the community, the TIS recommends that a westbound left-turn lane be considered at the intersection of Columbia Street / Lester Street and at the intersection of Columbia Street / Batavia Place. Transportation Services note that as Northdale intensifies, increased transportation volumes will create additional pressure on existing intersections, and mitigation measures may be required (e.g. intersection improvements). Transportation Services will consider the recommended left-turn lanes as part of future road improvements in the area. As Northdale intensifies, Transportation Services forecast increased demand for limited on-street parking spaces on Batavia Place, and recommend that sufficient parking be provided on-site to meet the regular demands of the development without reliance on municipal on-street parking. The proposed development meets the parking requirements of the zoning applied to the lands. Submitted a complete Site Plan application to the City to demonstrate that the proposed development conforms to: a. the City s Official Plan; Page 17 of 72 October 3, 2016

18 7 Integrated Planning & Public Works b. the Region s Official Plan; and c. the City s Urban Design Manual, including the Northdale Urban Design Guidelines. The Site Plan Review Committee has conditionally endorsed the Site Plan application. Batavia Place is identified as a Residential Street and a Neighbourhood Frontage Area within the Northdale Plan. The proposed development establishes a presence on the street and will allow for eyes on the street through the principal building entrance and amenity room both fronting onto Batavia Place. The balconies facing Batavia Place articulate the front façade and break up the massing of the front of the building. The canopy over the entrance ensures that the principal entrance to the building is highly visible while providing shelter for the comfort of pedestrians. In addition, the proposed development will provide an outdoor amenity and landscaped area at the rear of the residential building and some additional landscaped areas in front of the building. The other requirements for removal of a holding symbol as described in Section 37.4 of the Zoning By-law are not applicable to the subject lands (i.e., Record of Site Condition, Density Bonusing Agreement, Block Plan, and Provincial D-6 Guidelines). SECTION 5 CONCLUSION In the opinion of Integrated Planning & Public Works, the Applicant has satisfied the requirements for removal of the holding symbol from 311 and 312 Batavia Place. Staff supports the removal of the holding symbol from the subject lands. SECTION 6 RECOMMENDATIONS 1. That IPPW be approved; and 2. That Council approve Zoning By-law Amendment Z-16-13, submitted by 311 Batavia Inc., to remove the holding ( H ) symbol from the lands municipally known as 311 and 312 Batavia Place provided that: a. Prior to the enactment of the by-law to remove the holding symbol, a Servicing Agreement shall be completed and registered on title to the lands, to the satisfaction of the Director of Planning Approvals and the Director of Legal Services. Page 18 of 72 October 3, 2016

19 8 Integrated Planning & Public Works APPENDIX A DEFERRAL If Council desires further technical evaluation and or public consultation related to this application, Council may defer its decision using the resolution below: Resolution Recommendations: 1. That IPPW be deferred; and 2. That Council direct staff to further evaluate the application and consult local residents / stakeholders. Page 19 of 72 October 3, 2016

20 9 Integrated Planning & Public Works APPENDIX B PROPOSED SITE PLAN Proposed Pathway Page 20 of 72 October 3, 2016

21 10 Integrated Planning & Public Works APPENDIX C BUILDING PERSPECTIVES Page 21 of 72 October 3, 2016

22 NOTICE OF AN INTENTION TO PASS AN AMENDING BY-LAW TO REMOVE A HOLDING (H) PROVISION FROM THE ZONING BY-LAW Zoning By-law Amendment Application Z Removal of Holding Provision Batavia Place 311 Batavia Inc. Central-Columbia, Ward 6 Take notice that the Council of The Corporation of the City of Waterloo (the City of Waterloo ) will hold a on Monday, October 3, 2016, at a time to be determined, in the Council Chambers, 3rd Floor, Waterloo City Centre, 100 Regina Street South, Waterloo, to consider the noted application to amend the Zoning By-law pursuant to Section 36(4) of the Planning Act, R.S.O as amended (the Planning Act ). The City of Waterloo intends to pass an amending by-law to remove the holding provision (H) on the lands known municipally as Batavia Place. The removal of this holding provision will permit the development of a 6 storey residential apartment building, containing 57 units (57 beds) on Batavia Place (the subject lands). The applicant has met the requirements of the H Holding provision by demonstrating that: Sufficient servicing capacity (water, sanitary and storm water) will be made available to fully service the lands. There is sufficient transportation capacity and transportation infrastructure within the surrounding road network affected by the development and/or use of the lands. The proposed development will conform to: a. the City s Official Plan; b. the Region s Official Plan; and c. the City s Urban Design Manual, including the Northdale Urban Design Guidelines. This meeting shall constitute the public Notice of Intention To Pass An Amending By-law To Remove A Holding (H) Provision From The Zoning By-law under Section 36(4) of the Planning Act. It is expected that Council will decide whether the application should be approved, denied or amended. A copy of the staff report will be available prior to the Public. If Council approves the application, a by-law to amend the Zoning By-law and remove the holding symbol will be passed. For further information regarding the above matter, please contact the City of Waterloo Planning Approvals Team, 2nd Floor, Waterloo City Centre, Waterloo, Ontario, by calling Rita Szilock at or by at rita.szilock@waterloo.ca. Page 22 of 72 October 3, 2016

23 Any person may attend the meeting and/or make a written or verbal representation either in support of, or in opposition to the proposed Amending By-law. If you wish to make a presentation to Council or would like more information about the meeting, please contact Lissy MacKinnon at or by at clerkinfo@waterloo.ca A written summary of the presentation should be filed with the City Clerk prior to the public meeting. Individuals may submit written/electronic comments. We encourage the public to provide input into this important Amending By-law application. Individuals may submit written / electronic comments. The public is informed and notified that names, addresses and comments may be made public. Olga Smith, City Clerk, City of Waterloo Page 23 of 72 October 3, 2016

24 1 Integrated Planning & Public Works STAFF REPORT Engineering Services Title: Special Servicing Agreement 311 Batavia Place Report Number: IPPW Author: Ronda Werner Type: Council/Committee Date: October 3, 2016 File: SP Attachments: A Location Map B Special Servicing Agreement Ward No.: Ward 6 Recommendation: 1. That IPPW be approved. 2. That the Mayor and Clerk be authorized to sign the Special Servicing Agreement (Attachment B) between the City of Waterloo and 311 Batavia Inc., subject to approval by the City s Director of Legal Services. A. Executive Summary 311 Batavia Inc. is requesting permission from the City to relocate the existing municipal watermain and storm sewer that is currently located within an easement between the properties at 311 Batavia Place and 312 Batavia Place. Relocating the municipal infrastructure is required so that new development at 311 Batavia may proceed. The proposed development will consolidate 311 and 312 Batavia Place and include a 6- storey apartment development with 57 units. Relocation of the existing storm sewer and watermain from Hickory Street to Batavia Street is required to service the development. The new municipal infrastructure will require an easement in favour of the City of Waterloo. A Special Servicing Agreement is necessary to ensure the developer provides the necessary upgrades to the municipal infrastructure to service the proposed development. B. Financial Implications The owner will pay all costs (legal, engineering, planning, design, construction, restoration, other) associated with the Special Servicing Agreement. Schedule D of the Page 24 of 72 October 3, 2016

25 2 Integrated Planning & Public Works Special Servicing Agreement contains construction and restoration costs. In addition, the owner is required to pay the City s standard Servicing Agreement fee of $6,000. C. Technology Implications None. D. Legal Considerations The City s Director of Legal Services has reviewed this report and the Special Servicing Agreement (Attachment B). No significant issues were identified. E. Link to Strategic Plan/Economic Vitality (Strategic Priorities: Multi-modal Transportation, Infrastructure Renewal, Strong Community, Environmental Leadership, Corporate Excellence, Economic Development) Infrastructure Renewal: Plan, build and upgrade infrastructure to support growth and urban intensification Economic Development: Continue growth management approach that encourages redevelopment. F. Previous Reports on this Topic None G. Approvals Author: Ronda Werner Director: Ron Ormson Name Signature Date Commissioner: Cameron Rapp Finance: Keshwer Patel CAO Page 25 of 72 October 3, 2016

26 3 Integrated Planning & Public Works Special Servicing Agreement 311 Batavia Place IPPW ATTACHMENT A Location Map Page 26 of 72 October 3, 2016

27 4 Integrated Planning & Public Works Special Servicing Agreement 311 Batavia Place IPPW ATTACHMENT B Special Servicing Agreement Page 27 of 72 October 3, 2016

28 SPECIAL SERVICING AGREEMENT THIS AGREEMENT made this day of, BETWEEN: 311 Batavia INC. (the "Owner") -and- THE CORPORATION OF THE CITY OF WATERLOO (the "City") WHEREAS: 1) The Owner is the registered and beneficial owner of the lands legally described in Schedule A attached hereto (the Lands ), municipally known as 311 Batavia Place, and 312 Batavia Place; 2) Batavia Place is a highway under the jurisdiction of the City, more particularly described in Schedule B attached hereto; 3) The Owner is proposing to construct a six storey residential building containing 57 bedrooms as described in City of Waterloo Site Plan SP (the Development ); 4) The municipal storm sewer and watermain on Batavia Place, which extends through the subject property, require relocation to service the Development on the Lands; 5) Relocation of existing storm sewer and watermain, complete with new structures, and connections thereto, are required from the existing storm and watermain services located at the south property line of 311 & 312 Batavia Place, around the Development, to provide connections to service the Development on the Lands, and as more particularly described in Schedule C attached hereto (the Works ); 6) The Works set out in this Agreement shall only take place on municipal lands or on private lands subject to an easement in favour of the City of Waterloo, described in Schedule B; 7) City of Waterloo Zoning By-Law , By-Law No applies a holding provision to the Lands that requires the Owner to verify that sufficient water, sanitary and stormwater servicing capacity exists to fully service the Lands, to the satisfaction of the City, prior to the removal of the holding provision; 8) The City requires a special servicing agreement to satisfy all requirements, financial or otherwise, of the City concerning the Works prior to the removal of the holding provision and before the Works are undertaken; 9) The Owner is requesting that the City remove the holding provision applied to the Lands before the Works are undertaken; 10) The City and the Owner have agreed to the terms and conditions set forth in this special servicing agreement (the Agreement ); NOW THEREFORE this Agreement witnesseth that in consideration of the payment of Ten Dollars ($10.00) each to the other, the receipt and sufficiency of which is hereby acknowledged, and for other good and valuable consideration, the parties agree as follows: Page 28 of 72 October 3, 2016

29 1. Interpretations 1.1. The parties hereby represent and warrant that the recitals are accurate and fully represent the basis upon which this Agreement has been entered into The recitals and the attached schedules form an integral part of this Agreement This Agreement shall be construed in accordance with the laws of the Province of Ontario Headings are for reference purposes only and shall not in any way modify or limit the statements contained in any clause of this Agreement In the event that any provision of this Agreement is deemed or determined to be in violation of any law, or held to be invalid or unenforceable by any court or tribunal of competent jurisdiction, the violation and invalidity of any particular provision shall not affect any other provision of this Agreement. This Agreement shall afterward be interpreted as though the offending provision is not contained in this Agreement Any obligation or agreement set out in this Agreement shall be construed as a covenant of the party upon whom the obligation or agreement rests or by whom that agreement was made Wherever the singular is used in this Agreement, it shall be construed as including the plural In this Agreement, 2. Works a) Acceptance, in the context of technical plans, drawings and reports, means the City s acknowledgement that such plans, drawings and reports sufficiently satisfy City requirements and standards to allow for authorized servicing and related works to be undertaken in accordance with such plans, drawings and reports. Acceptance shall not mean the receipt of such plans, drawings and reports by the City. Acceptance, accept and accepted in the context of technical plans, drawings and reports shall have a corresponding meaning; and, b) Director means the Director of Engineering Services, or their designate or designates Works General Description: the Works authorized by this Agreement include: a) The removal of the existing 250mm storm sewer under the current municipal easement, and replace with a 450mm storm sewer extension around the northeast side of the Development, complete with structures and services to the Development under a new easement; b) The removal of the existing 150mm watermain under the current municipal easement, and replace with a 300mm watermain extension around the northeast side of the Development, complete with appurtenances and services to the Development under a new easement; The Works shall relocate the existing storm sewer and watermain from the south side of the subject property, around the northeast side of the Development, and reconnect the storm and watermain to the existing services north of the Development on Batavia Place. Page 29 of 72 October 3, 2016

30 2.2. Works Schedule C : The Owner agrees that the Works set out in Schedule C shall include all works, services and infrastructure required to fully service the Development on the Lands with municipal water in accordance with City standards and procedures for such works, and in accordance with the general specifications and conditions applied by the City and any other authority having jurisdiction. The Owner agrees that the cost estimates for the works, services and infrastructure as set out in Schedule D are accurate and complete in all respects Expeditious Works: All work done under this Agreement shall be done expeditiously, in a good workmanlike manner by persons qualified and licensed in accordance with all applicable by-laws, statutes and regulations to the satisfaction of the Director. 3. Financial 3.1. Cost of the Works: The Owner shall be responsible for all costs associated with the Works, including the costs referred to as Owner Costs designated in a column set forth in Schedule D attached hereto. The Owner shall also be responsible for all costs in excess of the estimated costs set forth in Schedule D Update Schedule D : Upon request by the City, the Owner shall forthwith update Schedule D to the satisfaction of the Director. If the City determines that the Letter of Credit posted by the Owner pursuant to this Agreement is insufficient to fully indemnify the City against the costs set out in the updated Schedule D, the Owner shall forthwith increase the Letter of Credit to fully indemnify the City against the costs set out in the updated Schedule D, to the satisfaction of the City Reimbursement from Third Party: The Owner acknowledges and agrees that the City will not undertake any effort to, nor be held responsible or liable for, collecting funds from others to reimburse the Owner for any part of the Works now or in the future Cost Related Risks: All risks that could impact the cost of the Works (such as but not limited to adverse weather, labour strikes, material shortages, soil and groundwater conditions, the state and condition of existing pavements and surface works, environmental contamination, equipment failure, survey errors, and engineering design deficiencies) remain solely those of the Owner Standard Charges/Fees: The Owner agrees to pay standard City charges for services and works performed by the City, including but not restricted to site engineering inspections and valve inspections/operations. The Owner agrees to pay the charges within thirty (30) days of being invoiced by the City, unless the works are carried out by the Owner under the authorization of the City and to the satisfaction of the City Schedule E City Costs: The costs identified as City Costs in Schedule D shall be front-ended by the Owner, and will be reimbursed to the Owner by the City forthwith after the start of the Maintenance Period Temporary Water Services: All costs associated with providing temporary water services and connections shall be the sole responsibility of the Owner Legal Costs: Within thirty (30) days of being invoiced, the Owner agrees to pay all legal fees and disbursements incurred by the City with respect to the Works, including but not restricted to the preparation of this Agreement and any supplementary agreements thereto. Special Servicing Fee: The Owner agrees to pay to the City upon demand six thousand Page 30 of 72 October 3, 2016

31 dollars ($6,000), being the City s Special Servicing Fee Letter of Credit: Prior to undertaking Works or any part thereof, the Owner shall provide to the City security in the form of an irrevocable standby letter of credit (the Letter of Credit ) from an approved financial institution acceptable to the City, in a form and content acceptable to the City s Chief Financial Officer, and in an amount equal to one-hundred percent (100%) of the Owner s Costs set forth in Schedule D. The Letter of Credit shall fully indemnify the City against the Works and related costs for which the Owner is responsible under this Agreement, as determined by the City The intent of the Letter of Credit is to provide the City with full security to cover the cost of all uncompleted works and unpaid costs of the Owner at all times during the Works and throughout the Maintenance Period. Where the Owner does not satisfy its/their obligations under this Agreement, the City may draw on the Letter of Credit in part or in full to have a City selected contractor complete the Works required to satisfy the Owner s obligations under this Agreement. The City may also draw on the Letter of Credit any other amounts that are overdue or owing from the Owner to the City or anyone else in accordance with this Agreement, together with interest thereon at fifteen percent (15%) per annum. The Owner shall replace or increase the Letter of Credit to its original value prior to the draw within fifteen (15) business days of receiving notice of such draw The Owner agrees that subject to the approval of the City s Chief Financial Officer, the Letter of Credit may be adjusted to reflect the current estimate of costs, at the discretion of the City. In no case shall less than fifty thousand dollars ($50,000) be retained The Letter of Credit shall be held by the City for the entire Maintenance Period to indemnify the City against the cost of any required maintenance and/or repair of the works undertaken pursuant to this Agreement. After the Maintenance Period is complete, and subject to all other terms and provisions of this Agreement, the Letter of Credit shall be released unless it has been drawn upon or is still required as determined by the City. 4. Construction of the Works 4.1. Licensed Professional Engineer: The Owner shall retain, at its sole expense, a licensed professional engineer to prepare and co-ordinate all engineering reports, schedules, drawings, approvals, specifications, estimates, contract administration, full-time inspection, certification and completion of as-recorded drawings for the Works set out in Schedule C. The Director shall have the right to inspect the installation of the Works at any time and without notice. The licensed professional engineer must be acceptable to the Director The Owner agrees that if upon City inspection and in the opinion of the Director the works are not being carried out in accordance with the accepted engineering drawings, contract documents, or in accordance with good engineering practice, the City may direct the consulting engineer to stop all or any part of the installation until such time as the installation is carried out to the satisfaction of the Director. The Owner agrees to deliver to the City a certificate from the professional engineer certifying that the works set out in Schedule C have been installed in accordance with the accepted engineering drawings, contract documents, and good engineering practice. The form and content of the certificate shall be to the satisfaction of the Director. Page 31 of 72 October 3, 2016

32 4.3. Licensed Professional Engineer Inspections and Contract Administration: The licensed professional engineer referred to in Clause 4.1 of this Agreement shall: a) administer contacts for the Works between the Owner and any contractors and subcontractors b) perform inspections throughout the duration of the Works to ensure the Works are being undertaken in accordance with plans, reports, specifications and contract documents accepted by the City c) be responsible for certifying the works set out in Schedule C upon completion d) be responsible for providing copies of as-recorded drawings (signed and sealed by licensed professional engineer) to the City prior to any release of securities or reimbursement of costs by the City as specified in this Agreement 4.4. Technical Plans: Prior to undertaking the Works, the Owner shall obtain written acceptance of the following plans from the Director and any other authority having jurisdiction, and shall comply with and implement the accepted plans: a) Servicing Plan shall be required for all water and other services and infrastructure required to service the Development on the Lands. The Servicing Plan is attached hereto as Schedule D. b) Encumbrance Plan shall be required showing all existing and known encumbrances within and adjacent to the municipal highways affected by the Works that could reasonably affect excavation, servicing, construction, and restoration works. Without restricting the generality of the foregoing, encumbrances include easements, rights-of-way, and significant utility infrastructure such as hydro vaults and high voltage transformers, or gas utilities. c) Dewatering Plan, if required by the Director. d) Traffic/Pedestrian Management Plan shall be required showing all complete and partial highway closures, detour routes, emergency accesses, construction traffic routes, temporary signage locations, and active transportation routes. The plans shall be prepared by qualified professionals who are acceptable to the City The Owner shall undertake all Works and maintain all Works in accordance with the accepted plans contained in sub-clauses a) through d) above throughout all stages of excavation, construction, servicing, and restoration, to the satisfaction of the City Works on City Lands: All Works and activities undertaken on City lands shall be approved by the City, and such approval may be conditional at the sole discretion of the City Works on Regional Lands: All Works and activities undertaken on Regional lands shall be approved by the Region, and such approval may be conditional at the sole discretion of the Region Engineering Clearances, Permits and Approvals: Prior to undertaking the Works, the Owner shall, at its expense, obtain all necessary permits, clearances and approvals for the Works, and provide proof of same to the Director. Without limiting the generality of the foregoing, permits and clearances include: a) Environmental Compliance Approvals required by the Ontario Ministry of the Environment Page 32 of 72 October 3, 2016

33 b) Form 1 acceptance c) utility and service provider clearances d) road work permits The City and the Region shall not be responsible or liable in any manner for delays in the issuance of clearances, permits and approvals Removal/Replacement/Relocation - Utilities/Services: The Owner agrees that the removal, replacement and/or relocation of any utility or service will be at the sole financial expense of the Owner No Expansion of Services: The Owner agrees that works pursuant to this Agreement shall be limited to the lands identified in Schedule B attached hereto. Municipal services shall not be extended, expanded or connected to in any way beyond such lands without the prior written approval of the City and subject to any conditions contained in the written approval Schedule For Works: Prior to undertaking the Works, the Owner shall submit a schedule outlining the anticipated start and end dates for the construction of the Works, for approval by the Director Project Sign Board: Prior to undertaking the Works, the Owner shall, at its expense, erect a project sign board stating the name and telephone number of the Owner's contractor and contract administrator. The location, size, orientation, and materials of the sign shall be subject to the approval of the Director. All words, symbols, pictures and other copy on the sign shall be subject to the approval of the Director Notification: At least one week prior to the commencement of the Works, the Owner shall, at its expense, provide written notification to all affected property owners of the nature, scope and estimated duration of the Works together with the name and telephone number of the Owner s contractor and contract administrator. The information included in the notification shall be subject to the approval of the Director Contracts: All contracts between the Owner and any contractor for any work to be done pursuant to this Agreement shall be with a contractor acceptable to the Director and contain a provision binding the contractor to obtain and maintain liability insurance in an amount satisfactory to the City, and in the case of such insurance the City and the Region shall be named as a co-insured s and the insurance shall not be less than ten million dollars ($10,000,000). The insurance certificate shall be delivered to the Director prior to the commencement of the Works If required by the City, all contracts between the Owner and any contractor for any work to be done pursuant to this Agreement shall be subject to the approval of the Director Safety and Construction Signage: The Owner shall install and maintain safety and construction signage required to maintain a safe work area, to the satisfaction of the City Excavation, Trench, Stockpile & Equipment Protection: Open excavations, trenches, stockpiles and equipment shall be protected using fencing or other measures as required by law, and if not required by law as specified by the Director Road Restoration: All municipal and regional highways, including Batavia Place, shall be restored to a good and useable condition and to municipal standards by the Owner at Page 33 of 72 October 3, 2016

34 its expense. All restoration works shall be to the satisfaction of the Director Watermain Commissioning and Testing: The Owner shall be responsible for, at its expense, watermain commissioning and testing in accordance with City standards and specification, and all other authorities with jurisdiction Failure of Owner: If the Owner fails or neglects to conform with any term or provision of this Agreement, the City may provide written notice of such failure or neglect and require rectification by the Owner within a specified period of time. If the Owner has not remedied the failure or neglect within the timeline set out in such notice, or is not diligently working towards remedying the failure or neglect (other than a financial default) as determined by the City, the City may without notice draw on the Letter of Credit to remedy the failure or neglect, including but not restricted to supplying all equipment, material and professional services necessary to implement the Works, and charge the cost thereof together with applicable engineering and administrative fees/charges to the Owner who shall forthwith pay the same upon demand Damage to Municipal Services/Infrastructure: The Owner shall be responsible to the City for the cost of damage done to municipal services/infrastructure and/or municipal lands while undertaking the Works, unless the Owner demonstrates to the satisfaction of the Director that such damage was not caused by any employee, contractor, supplier or agent of the Owner. If, in the opinion of the Director, such damage was caused by the Owner (or its employees, contractors, suppliers or agents), and the Owner fails to repair such damage or pay to the City the cost of such damage, it is agreed that the City may draw on the Letter of Credit to repair the damage, to the satisfaction of the City Clean Site: The Owner shall maintain all work sites and surrounding lands in a clean condition, to the satisfaction of the Director. The intent is to: a) avoid unsightly properties and work areas b) avoid construction debris impacts on nearby landowners and open space c) avoid the accumulation of grit, dirt, debris or other materials within the road rightof-way The Owner shall conduct daily sweeping and scraping of municipal highways leading to the construction area of the Works to prevent the accumulation of grit, dirt, debris and sediment on the highways Immediately after receiving notice from the Director, the Owner shall conduct sweeping and scraping of municipal highways leading to the construction area of the Works to prevent the accumulation of grit, dirt, debris and sediment on the highways A qualified representative of the Owner shall, at the Owner s expense, monitor and inspect all work sites and surrounding lands throughout all stages of the Works to ensure work sites and surrounding lands are maintained in a clean condition. The representative shall manage and resolve all clean site complaints, at the Owner s expense and to the satisfaction of the City Where the City provides written notice to the Owner (or the Owner s representative) regarding the need to clean up the work site and/or surrounding lands, and the cleanup is not undertaken within the timeline set out in the notice, the City may take Page 34 of 72 October 3, 2016

35 the necessary action to clean up the site and/or lands at the Owner s expense, and the Owner shall pay to the City upon demand the full amount of the costs incurred by the City to clean the site and/or lands. If the Owner does not pay the City, it is agreed that the City may draw on the Letter of Credit to satisfy the required payment, and the Owner shall replace or increase the Letter of Credit to its original value within fifteen (15) business days of receiving notice of such draw or draws Minimize Nuisances: Contractors, consultants, contract administrators, and other agents of the Owner undertaking the Works shall make every effort to minimize impacts on local residents, businesses, and institutional uses. With restricting the generality of the foregoing, impacts include dust, noise, construction traffic, and inconvenience Noise By-Law: The Owner shall abide by the requirements of the City's Noise By-law , as amended or replaced. No person shall undertake works outside of the hours stipulated in the City s Noise By-law, unless an exemption to the by-law has been granted by City Council. 5. Maintenance Period 5.1. Maintenance Period: The Owner shall warrant and guarantee, and hereby warrants and guarantees, all works, services and materials set out in the Schedule D against all defects until the completion of the Maintenance Period. The Maintenance Period shall commence on the date the City issues a start of maintenance letter following the substantial completion of the Works to the satisfaction of the City, and shall continue for at least twenty-four (24) months until a final inspection has been undertaken by the City and the City issues an end of maintenance letter (the Maintenance Period ). The Maintenance Period may exceed twenty-four (24) months where required by the Director. The Owner agrees that: a) the acceptance of all works and services by the City shall be in writing by the Director b) underground works, up to and including the base course of asphalt, will be accepted separately from above ground works 5.2. Responsibility for Works, Services & Infrastructure: The Owner shall be responsible for the maintenance and repair of all works, services and infrastructure constructed, installed, and carried out pursuant to this Agreement until the completion of the Maintenance Period as herein defined. 6. Insurance 6.1. Insurance: Prior to the commencement of the Works, the Owner shall obtain and maintain at its own expense comprehensive liability insurance in a form and with an insurer acceptable to the City in an amount not less than Ten Million ($10,000,000) Dollars per occurrence, exclusive of interests and costs, against loss or damage resulting from bodily injury, death, and/or loss of or damage to property. The City and the Region shall be included as an additional insured in the insurance policy The insurance policy or policies shall contain a Cross-Liability with Severability of Interest, Blanket Contractual Liability, Completed Operations Liability, Premises and Options Liability, Employer's Liability or WSIB coverage (whichever is applicable), Contingent Employer's Liability and Non-Owned Automobile Liability clauses protecting Page 35 of 72 October 3, 2016

36 the City and Region against any and all claims by the Owner. The insurance policy shall contain a waiver of subrogation rights against the City and against those for whom the City is at law responsible The City and Region shall be provided 30 days prior written notice of cancellation of the insurance, except for the non-payment of premiums, in which case statutory conditions shall apply Without limiting the generality of the foregoing, such liability insurance shall include: a) comprehensive general liability in an amount of not less than $10,000, inclusive per occurrence insuring against bodily injury (including personal injury), death and property damage and including liability assumed under contract; and, b) comprehensive environmental and pollution liability insurance in an amount not less than $2, inclusive per occurrence with an annual aggregate of all such claims of not less than $4,000,000.00, all of which shall have a deducible amount that is satisfactory to the City. The Owner agrees to forward a copy of the certificate of insurance and any renewals thereof to the City Clerk and Region Clerk. The Owner shall not by its act or omission cause any policy of insurance to be cancelled. The Owner agrees and acknowledges that the City and the Region require enhanced insurance coverage in accordance with their policies and standards. 7. Administrative 7.1. Estoppel: The Owner agrees not to call into question directly or indirectly in any proceedings whatsoever in law or in equity or before any administrative tribunal or other body, the right of the parties to enter into this Agreement and to enforce each and every term, covenant and condition contained herein. This provision shall be treated as an estoppel by the City against the Owner or anyone else. Should the Owner challenge the right of the City in this regard, the Owner agrees that it shall, immediately upon written demand by the City, pay all City legal and other costs and disbursements incurred by the City in relation to defending the City against any such challenge Assignment: This Agreement may not be assigned by the Owner unless the proposed assignee first separately agrees in writing with the City to assume all of the obligations and covenants of the Owner hereunder, and such assignment shall not release the Owner from their obligations. For the purposes of this clause, an assignment shall include the sale, transfer or pledge of shares in the Owner which would change the present ownership of the Owner. A consent to any such sale, transfer or pledge of shares shall not constitute consent for any subsequent sale, transfer or pledge of the Owner s shares. The Owner acknowledges and agrees that the City s consent may be unreasonably withheld Indemnity: The Owner hereby indemnifies and saves harmless the City, its elected officials, officers, employees, solicitors, agents, and contractors from any and all costs, claims, demands, damages, fines, penalties, expenses, suits, actions, and judgments made, brought or recovered against the City, for any loss or damage, including bodily injury, death, property damage or environmental impairment, arising out of this Agreement, the Works, and any installation, use and maintenance of servicing or utility connections. Page 36 of 72 October 3, 2016

37 7.4. The Owner further indemnifies and saves harmless the City, its elected officials, officers, employees, solicitors, agents, and contractors from any and all deficiencies in engineering design, adequacy of plans and construction, notwithstanding the acceptance of any plan, report or specification by the City Binding on Successors and Assigns: All of the covenants, provisions, agreements, obligations, terms, conditions and understandings contained in this Agreement shall be binding upon and enure to the benefit of each of the parties and upon their respective heirs, executors, administrators, successors and permitted assigns as the case may be. Page 37 of 72 October 3, 2016

38 IN WITNESS WHEREOF the parties have executed this agreement under the hands of their duly authorized signing officers. THE CORPORATION OF THE CITY OF WATERLOO Dave Jaworsky, Mayor Olga Smith, Clerk We have the authority to bind the City of Waterloo 311 Batavia Inc. Per: Name: Title: I/We have the authority to bind the Corporation 311 Batavia Inc. Per: Name: Title: I/We have the authority to bind the Corporation 311 Batavia Inc. Per: Name: Title: I/We have the authority to bind the Corporation Page 38 of 72 October 3, 2016

39 SCHEDULE A Legal Description of the Lands 311 Batavia Place PIN: Lot 9, Plan 1075 City of Waterloo, Waterloo 312 Batavia Place PIN: Lot 10, Plan 1075, City of Waterloo, Waterloo Page 39 of 72 October 3, 2016

40 SCHEDULE B Legal Description of Batavia Place Batavia Place Batavia Place R. P. 1075, City of Waterloo PT OF SUNVIEW ST CLOSED 1961 BY-LAW 1378 INSTR Location of Proposed Works That portion of Batavia Place subject to the Works is outlined on the drawing by WalterFedy, dated April 07, 2016, attached hereto. Page 40 of 72 October 3, 2016

41 SCHEDULE C Servicing Plan As described in the attached drawing prepared WalterFedy dated April 18, Page 41 of 72 October 3, 2016

42 SCHEDULE D Description of the Works and Estimated Cost Attached hereto being the description of the Works and their estimate costs, prepared by WalterFedy, dated April 07, Page 42 of 72 October 3, 2016

43 1 Integrated Planning & Public Works STAFF REPORT Growth Management Title: Updates to Ontario Land Use Plans: City of Waterloo Review and Comment Report Number: IPPW Author: Ric Martins Type: Council/Committee Date: October 3, 2016 File: NA Attachments: NA Ward No.: City Wide Recommendation: 1. That IPPW be approved. 2. That IPPW be forwarded to the Province as the City of Waterloo s comments to the Coordinated Land Use Review. 3. That Council express its concern to the Province with respect to the significance of changes particularly regarding municipal comprehensive reviews, regeneration areas, greenfield densities, intensification rates and the lack of appropriate transition considerations within the proposed Growth Plan. A. Executive Summary In 2015, the Province initiated a coordinated review of four provincial land use plans: the Growth Plan for the Greater Golden Horseshoe, the Greenbelt Plan, the Oak Ridges Moraine Conservation Plan, and the Niagara Escarpment Plan. The Province recently released proposed modifications to the four provincial plans. The City of Waterloo is located within the Greater Golden Horseshoe (GGH) Growth Plan area, and is thus subject to the Growth Plan. Staff comments on the coordinated review focus mainly on the Growth Plan and to some extent on the Greenbelt Plan. Staff have not provided comments on the Niagara Escarpment and Oak Ridges Moraine Plans because the City of Waterloo falls well outside the planning area for these plans. Some of the proposed changes to the Provincial Growth Plan include: Increasing both the intensification rate and required density for greenfield areas Page 43 of 72 October 3, 2016

44 2 Integrated Planning & Public Works Greater coordination between land use planning with transit planning and infrastructure investments Requiring zoning along transit corridors to provide adequate density to support transit Establishing Greenbelt-level protections for natural heritage systems (e.g. wetlands, woodlands, rivers) - beyond the Greenbelt, with the provincial government taking a lead in mapping those areas Staff have reviewed the proposed changes and coordinated with area municipalities and agencies. The staff review assesses how the proposed changes may affect planning within the City of Waterloo, and highlights areas of opportunity or concern. Staff have some significant concerns with proposed changes to greenfield density targets, provisions concerning Employment Areas, transition requirements, and intensification rates. It is recommended that this report be forwarded to the Province as the City of Waterloo s comments related to the proposed changes to the Growth Plan and Greenbelt Plan. B. Financial Implications None. C. Technology Implications None. D. Legal Considerations Staff did not seek legal advice. E. Link to Strategic Plan (Strategic Priorities: Multi-modal Transportation, Infrastructure Renewal, Strong Community, Environmental Leadership, Corporate Excellence, Economic Development) This report supports the Strategic Plan priorities including Multi-Modal Transportation and Strong Communities. F. Previous Reports on this Topic IPPW : 2015 Coordinated Provincial Land Use Plans Review: City of Waterloo Comments G. Approvals Name Signature Date Author: Ric Martins Director: Scott Nevin Commissioner: Cameron Rapp Finance: NA CAO Page 44 of 72 October 3, 2016

45 3 Integrated Planning & Public Works Updates to Ontario Land Use Plans: City of Waterloo Review and Comment IPPW Introduction In 2015, the Province initiated a coordinated review of four provincial land use plans: the Growth Plan for the Greater Golden Horseshoe, the Greenbelt Plan, the Oak Ridges Moraine Conservation Plan, and the Niagara Escarpment Plan. The City provided comments on the coordinated review through a Council approved report IPPW , in May The City of Waterloo is located within the Greater Golden Horseshoe (GGH) Growth Plan area, and is thus subject to the Growth Plan. Therefore, City comments on the coordinated review focused mainly on the Growth Plan. High-level comments were provided regarding the Greenbelt Plan. The Oak Ridges Moraine and Niagara Escarpment Plan are located well outside of Waterloo, thus those plans are not applicable to the City; comments were not provided for those plans. The provincial government received submission from stakeholders and interested parties from across the Province and received recommendations from an advisory panel chaired by David Crombie. Based on comments received and the recommendations of the advisory panel, the Province recently released proposed modifications to the four provincial plans under review. The Province has invited stakeholders to provide comments prior to finalizing potential updates to its four land use plans. 2.0 City of Waterloo Previous Comments As part of the initial review in 2015, the Province invited stakeholders to provide highlevel comments identifying aspects that were working or needed amending in the current four plans. The City of Waterloo provided feedback primarily concerning the 2006 Growth Plan. The focus of the City of Waterloo comments included: Simplify the Planning Structure Greater coordination with detailed implementation plans including the Metrolinx Regional Transportation Plan, The Big Move Commenting that consistency and clarification is required in the methodology used to determine density and population forecasts A greater provincial role in implementing the Growth Plan The proposed plan changes focused mainly on updating policies and targets rather than refining or modifying the planning structure. The Metrolinx Regional Transportation Plan Page 45 of 72 October 3, 2016

46 4 Integrated Planning & Public Works is also being updated under a separate process, but remains focused on the Greater Toronto Area rather than the Greater Golden Horseshoe area associated with the Growth Plan (which includes Waterloo). There is some reference to the Metrolinx Plan in the updated Growth Plan. The updated Growth Plan includes some updated policies regarding density calculations and is proposing a consistent methodology for establishing land needs. There are no additional details on this methodology at this time. The Province will participate in Growth Plan implementation through updated mapping of natural features and establishing methodology for land needs. 3.0 Overview of Proposed Changes to the Growth Plan and Staff Comments Several modifications and updates have been proposed for the Growth Plan. These proposed changes range from new policies and sections of the Plan to modifications/clarifications of defined terms. The following highlights some of the key proposed changes grouped by theme (generally most relevant to the City of Waterloo). In addition to highlighting the proposed change, staff comments are offered for consideration. Staff remain supportive of the principles and concept of the Growth Plan which helps to direct and manage growth in the Greater Golden Horseshoe area and aims to facilitate the development of complete communities, however, some significant concerns have been identified. 3.1 General Growth and Intensification Greenfield Density and Urban Growth Centre The Growth Plan includes a density target for greenfield areas and for Urban Growth Centres (Uptown Waterloo is Waterloo s Urban Growth Centre). The greenfield target is currently 50 residents and jobs combined per hectare (r+j/ha). The density of the greenfield area is calculated over the entire undeveloped urban area of a municipality or region (known as the designated greenfield area ). Certain features are permitted to be excluded from being counted as developable land, meaning no density target is applied. Such features include provincially significant natural areas. By not counting Provincially significant natural areas as developable land (known as netting out ), the density calculation is only applied to the remaining land. However, certain lands which are in practice undevelopable (e.g. cemeteries, open spaces) must still be counted in the developable area. This results in requiring higher density on the remaining greenfield lands, in order to meet the density target set by the Province. The Urban Growth Centre target is 200 r+j/ha. Proposed Change: The proposed changes to the Growth Plan increase the required overall greenfield density to 80 r+j/ha. The Urban Growth Centre target for Uptown Waterloo remains at 200 r+j/ha. In the proposed Plan, additional features may be excluded from the density calculation including: electricity transmission corridors, energy transmission pipeline corridors, provincial freeways, and railways. Page 46 of 72 October 3, 2016

47 5 Integrated Planning & Public Works Staff Comments: Staff are very concerned with the proposed increase in greenfield densities. Based on the existing Growth Plan the City of Waterloo must achieve 50 r+j/ha on average for all residential greenfield lands. Council recently approved the Beaver Creek Meadows District Plan, which guides future development in that area. It was a challenge to develop a plan with the target overall density average of 58 r+j/ha, which was required in order to achieve an average of 50 r+j/ha across the City. Achieving these densities will be even more challenging during the detailed subdivision process while still attaining good built form and accounting for grades and open space features. Staff have significant concern if the City is required to re-plan areas such as the Beaver Creek Meadows District Plan area to achieve a higher overall density of 80 p+j/ha. Of particular concern for staff is that achieving 80p+j/ha will actually require planning for densities that are significantly higher than 80p+j/ha. Higher densities are required to take into account undevelopable land such as parks, stormwater management ponds, roads etc. and lands already planned and built since Density calculations should be done on a net basis and exclude lands that cannot be developed. The higher density target in the proposed Growth Plan will likely necessitate built forms that are skewed towards more stacked townhouses and low-rise apartments versus lower density built forms such as single detached dwellings. The City of Waterloo has limited continuous greenfield land available, thus it will be challenging to achieve densities at 80 r+j/ha on the remaining greenfield sites. The remaining greenfield lands in Waterloo are generally located far from frequent transit, fragmented, and are small in size (most sites are less than 6 ha). For example, the remaining undeveloped land east of the Carriage Crossing development (approximately 6 ha) which has limited servicing (no municipal sanitary service), may need to be planned for 80 r+j/ha under the new provincial policies, whereas the existing adjacent area is planned and being developed at approximately 45 r+j/ha with a mix of singles, towns and apartments. While higher greenfield density (higher than existing today) may be appropriate and a valid planning goal, staff believe the density should take into account locational factors and other considerations such as site context and community character. Additional flexibility to address unique situations would be appropriate in the proposed Growth Plan. By solely focusing on density targets, community features that contribute to complete communities (e.g. parks) may be reduced or restricted in greenfield areas in an attempt to meet the target numbers. Staff recommends a more balanced approach be taken in outlying areas located at the periphery of the urban area, so as to balance the goals of increased density and maintaining community character. Staff believe the density target of 80 r+j/ha is too high, but at a minimum the proposed Growth Plan should: Page 47 of 72 October 3, 2016

48 6 Integrated Planning & Public Works a) phase in any increase in density to recognize lands that have been planned by the municipality to conform to the existing Growth Plan, and, b) allow greater flexibility in how the density in greenfield areas is calculated and allow additional features to be netted-out including cemeteries, public infrastructure (e.g. Stormwater Management Ponds), buffers of Core Area Natural Features, public parks, and schools Intensification Rate The current Growth Plan requires that by 2015 and every year after a minimum of 40% of all residential development must be located within the built-up area meaning not in designated greenfield areas. This intensification rate is measured on a regional scale with some parts of the Region higher and some lower. In particular, growth is directed to Urban Growth Centres, Major Transit areas and Intensification Corridors. Proposed Change: The proposed Growth Plan increases the intensification rate to 60% of all new residential development. The target is measured regionally, with local development contributing to the regional target. Growth is still directed to Urban Growth Centres, areas around transit called Station Areas and Transit Corridors (change in terminology from Intensification Corridors ). There is also increased focus on integrating transit and active transportation into planning documents. Intensification rates are measured on an annual basis. The proposed changes also include a standard methodology for assessing land needs to accommodate growth to the horizon of the plan. Staff Comments: Staff support the overall intent of increasing the intensification rate, but strongly suggest that intensification should be measured over a five year rolling average rather than on an annual basis. The amount of development in Waterloo depends on market demand and conditions and takes multiple years to build. While Waterloo has achieved a higher intensification rate in recent years, annual fluctuations in the market may occur making the intensification target more challenging in any given single year. The proposed intensification target has increased significantly from 40% to 60%. Waterloo has limited amounts of developable greenfield land available. Therefore, Increased intensification should be balanced with more flexible greenfield densities, and/or densities that more accurately take into account actual developable land. Page 48 of 72 October 3, 2016

49 7 Integrated Planning & Public Works Staff supports the development of a standardized methodology for determining land needs, though this methodology should be developed in consultation with local municipalities. 3.2 Employment Areas Types of Employment Areas and Uses The current Growth Plan requires municipalities to plan for and protect Employment Areas (areas designated for manufacturing, warehousing, offices and associated retail and ancillary facilities). Residential uses are prohibited, while commercial uses are limited and secondary to employment uses. Proposed Change: The proposed update to the Growth Plan still requires municipalities to plan for Employment Areas, but also includes a new classification of land called Prime Employment Areas. These areas are to be identified by upper-tier municipalities, and include employment areas that are land intensive and may have low employment densities (e.g. warehouses). The updated Growth Plan proposes to maintain the restriction on residential uses, but is more permissive for other uses by allowing a greater range of commercial uses to be considered employment. Prime Employment Areas prohibit residential uses, institutional uses and retail commercial and office uses that are not ancillary to the primary employment use. Staff Comments: The Growth Plan should consider limited ancillary residential uses to be permitted in employment areas (not prime employment areas) if the area is serviced by higher order transit where the majority of employment uses are office and/or knowledge-based industries and where the local municipality determines it to be appropriate. Staff believe that in some locations, limited residential uses are desirable in employment areas, where it can be shown that residential uses could enhance the employment area and not interfere with the primary employment related use. The Growth Plan should consider a mechanism to allow this flexibility. Employment related uses should remain the dominant and most prominent feature in employment areas. Some employment areas overlap with other areas identified by the Growth Plan such as Transit Station Areas. The Plan should clarify that areas where both Station Area and Employment Area policies apply, the Station Area and its provisions should take precedence. Station Areas already allow employment uses, and the additional uses permitted (such as residential uses) may help to enhance both the Station Areas and the surrounding Employment Area. Currently the only mechanism to allow residential uses in Employment Areas is through a Comprehensive Review (see comments in below). With the comprehensive review tool is potentially being removed for local Page 49 of 72 October 3, 2016

50 8 Integrated Planning & Public Works area municipalities by the Province, consideration should be given to situations where the goals of planning for Station Areas and Employment Areas may conflict. Should the Growth Plan be applied, the range of permitted uses allowed in employment areas will be reviewed during the next municipal review of the City s Official Plan Municipal Comprehensive Review and Conversion of Employment Lands The conversion of Employment Ares to non-employment uses is only permitted under the Growth Plan through a process called a Municipal Comprehensive Review. Typically a municipality would plan for the conversion of Employment Lands if it needed to introduce uses not currently permitted in Employment Areas by the Growth Plan to meet community planning objectives. A Comprehensive Review requires a municipality to demonstrate that there is a need for the conversion, and that employment forecasts will still be met, among other additional considerations. Only municipalities are permitted to initiate a Municipal Comprehensive Review. However, an area can be identified as a Regeneration Area by a municipality. This identification still requires a comprehensive review in order to convert employment lands, but the review does not need to be undertaken by a municipality. Proposed Change: Comprehensive Reviews to convert employment lands are proposed to be limited to upper or singer-tier municipalities (e.g. Region of Waterloo). Regeneration areas are no longer part of the proposed new Growth Plan. Staff Comment: The ability to undertake a Comprehensive Review is a tool available to municipalities to enable the flexibility required to alter the employment and land use structure of a city if shown to be warranted. If the City is no longer able to initiate a Comprehensive Review, the City will need to request that the Region undertake a Comprehensive Review on the City s behalf should it wish to convert employment land and/or to introduce uses currently not permitted. It is staff s position this proposed change is neither desirable, practical nor efficient. Removing the ability to undertake a Comprehensive Review or identify a regeneration area reduces the flexibility local municipalities required in order to plan and manage changing demands and land use conditions. The justification for only allowing an upper-tier municipality to undertake a comprehensive review has not been outlined to stakeholders. Detailed land use planning is performed at the local level, as it is the local municipalities that designate employment areas in this Region. It is thus beneficial and most efficient and practical to allow the City the tools to react to a change in land use conditions. Staff believe that it is important for local municipalities to retain the ability to undertake a Comprehensive Review. Page 50 of 72 October 3, 2016

51 9 Integrated Planning & Public Works Eliminating regeneration areas further reduces flexibility for the municipality. The tool allows the City to identify areas where a landowner can prove that additional uses may be beneficial in Employment Areas. While additional commercial permissions are proposed for employment areas, these new permissions do not make up for the loss of this municipal land use tool. Staff do not support this proposed change. Staff are very concerned about the proposed removal of the City s ability to undertake Municipal Comprehensive Reviews, and to identify regeneration areas. The proposed changes would have a direct implication for the City in the Station Area Planning process. As part of the land use review for Station Areas, the City is evaluating the possibility of identifying some sites as regeneration areas. 3.3 Transit Corridors and Station Areas Transit Corridors and Station Areas One of the key areas of the Growth Plan is a focus on improving the availability and accessibility of transit. The 2006 Growth Plan requires municipalities to plan for transit Station Areas, and directs growth to Intensification Corridors. Mixed-use development and multimodal access is a priority for the Growth Plan. Proposed Changes: The proposed changes to the Growth Plan expand on the requirements for planning for transit station areas and transit corridors. Some of the changes now include minimum density targets for Major Transit Station Areas and additional requirements for, and directing development to areas well served by transit. The proposed density target for light rail transit areas is 160 r+j/ha. The proposed Growth Plan highlights that municipalities should protect for transit infrastructure in higher order transit corridors such as areas along the ION transit corridor. Staff Comments: Generally, City staff support the Transit Corridor and Station Area policies of the Growth Plan. The City of Waterloo is already planning for the areas around the Region s LRT transit stops and along the ION transit corridor with provisions consistent with the Growth Plan direction. Furthermore, the Official Plan adopted by Council in 2012 is supportive of transit as well as directing growth to identified nodes and corridors and Uptown Waterloo. Staff notes that when calculating the density of Station Areas, there should be provisions for excluding certain uses/amenities from the density calculation such as major open spaces. For example, the LRT being constructed in Waterloo includes a station stop in Waterloo Park. The park feature adds great amenity and serves as a destination point. Land uses such as these should be able to be excluded from the density requirements of the station area, otherwise densities of surrounding areas may need to be increased significantly to make up for the park s lack of density. Page 51 of 72 October 3, 2016

52 10 Integrated Planning & Public Works 3.4 Natural Areas and Climate Change Policies Stronger/New policies for Natural Heritage areas and Climate Change Stakeholders and interested parties in the Province s first round of consultation recommended that the provincial plans needed stronger protection for natural areas, and to bring forward in policies addressing climate change. Proposed Changes: The updated Growth Plan includes new policies to strengthen the protection for natural systems in the GGH. There are additional requirements for protection of the water resources system and hydrologic features. The Province will also work with municipalities to map natural heritage systems. For areas outside of settlement areas, there are additional protection policies as strong as those found in the Greenbelt Plan. Policies that address climate change are found in various sections of the Growth Plan and include direction that municipalities develop strategies to reduce greenhouse gas emissions and include reductions targets. The description of complete communities has been expanded and now includes mitigation for climate change impacts and contributing towards the achievement of net zero communities. Staff Comments: The City of Waterloo already has strong natural heritage policies in the Official Plan consistent with the proposed changes in the Growth Plan. Many of the strongest Growth Plan policies concern areas outside settlement areas which Waterloo does not have. Waterloo already requires subwatershed planning prior to undertaking planning for new development areas within the existing settlement area and Waterloo is not considering any urban expansions. The City is working with area municipalities and other partners to meet the climate change strategies outlined in the Growth Plan. Staff support the proposed change and additions to the Growth Plan regarding increased attention to greenhouse gas reductions and climate change action plans. 3.5 Infrastructure and Transportation Policies Link between planning and infrastructure investments The proposed Growth Plan specifically directs new growth to strategic growth areas, which include identified nodes and corridors, the urban growth centre, etc. Emphasis on transit planning and Transportation Demand Management (TDM) is linked with creating complete communities. Infrastructure is outlined as a key tool to manage growth. Proposed Changes: With the increased focus on transportation and transit, there are numerous references to working with Metrolinx, the regional transportation planning agency, to help implement and achieve some of the objectives of the Growth Plan in consultation with municipalities. Page 52 of 72 October 3, 2016

53 11 Integrated Planning & Public Works The current and new plan focus primarily on physical infrastructure especially in regards to transportation. The community infrastructure section has been renamed Public Service Facilities. Policies remain focused on preferred locations for facilities rather than on minimum standards and requirements as is provided for other features such as transit. Schedule 5 of the Growth Plan, Moving People-Transit shows a Future High Speed Rail Corridor between Waterloo Region and the GTA. Staff Comments: Consistent with the Regional Official Plan, the Waterloo Official Plan has density targets and directs growth to strategic areas such as Uptown Waterloo, Node and Corridors and Station Areas, as per the Growth Plan direction. However, the City of Waterloo and the Region of Waterloo are not currently part of the Metrolinx Regional Transportation Plan area (though GO transit does currently operate rail service to the Region and GO bus service to the City of Waterloo). Thus, the Growth Plan should clarify that all areas within the Growth Plan will be eligible for infrastructure investments should they implement the targets and directions detailed in the Plan, regardless of where they are located in the GGH. Staff agree with the Growth Plan direction that infrastructure improvements should be consistent with targeted growth areas. Staff also support recognizing the future high-speed rail connection between Waterloo Region and the GTA. Increased/improved connectivity between these growing regions will help improve economic development opportunities and quality of life for area residents. As focus increases on meeting intensification targets and growth challenges, soft infrastructure such as public facilities becomes increasingly important for creating vibrant and complete communities. Providing for soft infrastructure is as important for quality of life as is physical infrastructure in growing areas. Staff recommend that the Province take a more active role in ensuring that all Provincial levers be considered for support of the Growth Plan. As an example, the role of schools should be strongly considered in supporting stable and transitioning neighbourhoods. 3.6 Implementation and Transition Timing and General Implementation The Implementation section of the Plan outlines how and when the policies of the Plan will come into force and effect. Page 53 of 72 October 3, 2016

54 12 Integrated Planning & Public Works Proposed Changes: It is anticipated that the updated Growth Plan, along with the other three provincial plans, will come into effect in late 2016 or early Some of the proposed changes, if they remain in the Plan, will be in effect immediately. These include greenfield density targets. Other items, such as the new intensification targets will be applicable after upper- or single-tier municipalities undertake a Municipal Comprehensive Review (likely after 2019 for the Region of Waterloo). Furthermore, the Province intends to work with municipalities on items such as developing a standard methodology for land need assessments and prime employment areas, and to develop new mapping of natural heritage areas. Municipalities and Conservation Authorities may also be required to provide data and information to the Minister to demonstrate progress is being made towards implementation of the Plan. There is currently no provision in the implementation section of the proposed Growth Plan recognizing areas that have been planned under the previous Growth Plan policies. In 2013 an amendment to the Growth Plan extended the time period of the Growth Plan population and employment projections from the year 2031 to Those population and employment forecasts, noted on Schedule 3, have been carried over to the proposed new Growth Plan. Staff Comments: It is not known how some of the proposed policies may be altered once the Plan is finalized. Some of these changes could be significant such as the final density targets and the finalized intensification target. How the Province settles some of the matters such as Employment Areas will have implications for future local planning as well. Due to prolonged appeals and settlements at the regional and local level, Official Plan policies governing growth, densities and intensification are only recently or in some cases not yet in effect. This situation is common throughout that the Greater Golden Horseshoe. The updated Growth Plan should not implement new density and intensification targets before the effects of the previous targets are known and widely inforce. These higher densities and increased intensification targets have not been in place long enough to determine their effects on growth, housing availability/affordability, environmental impact/benefits, and ability to implement under fluctuating market conditions. At a minimum, new updated growth targets should only come into effect with a phasedin approach so as to allow more gradual implementation and phase-in of change. As an example, the Beaver Creek Meadows District Plan has been planned to implement the Page 54 of 72 October 3, 2016

55 13 Integrated Planning & Public Works existing Growth Plan, the recently in effect Regional Official Plan, and the City s new Official Plan. Staff believe it is inappropriate to disregard two years of planning work (and a preceding four-year subwatershed study) as a result of a new greenfield density being imposed. Greenfield areas, which have undergone a planning process since the June 2006 implementation date of the first Growth Plan, should not be subject to being re-planned under the provisions of the updated Growth Plan. Staff strongly recommend that provision be added to the implementation section of the Growth Plan that any area subject to a planning process after 2006 under the Planning Act or District/Community Plans under a municipal Official Plan, which are in conformity with the previous Growth Plan (2006), should not be subject to the provisions of the updated Growth Plan. The Beaver Creek Meadows District Plan was just approved by Council in January Staff do not agree that this area (or any other area planned and approved since 2006) should have to be re-planned. Several items identified in the Growth Plan (methodology for assessing land needs, mapping of natural heritage areas, etc.) will be implemented after the plan has come into effect. Municipalities need to be consulted prior to these implementation tools being completed and applied by the Province. Staff recommend that population and employment forecasts take into account the latest 2016 Census. Planning for growth and land budgeting is based on projected population and employment numbers. Therefore, it is very important that projections are as accurate as possible and updated accordingly when new information is available. Staff recommend more frequent updates to population and employment projections such as coinciding with census updates. 4.0 Greenbelt Plan A small area of the Provincial Greenbelt Plan extends into the Region of Waterloo in the Township of North Dumfries. The Greenbelt Plan area has been proposed to be expanded, though no part of the Region has been included in that expansion. However, staff understand there is some interest expressed by some community groups to eventually extend the Greenbelt into Waterloo. There are new policies in the updated Greenbelt Plan that outline that the Province will consider a request from a municipality to grow the Greenbelt. There are no plans to grow the greenbelt into Waterloo at this time, but staff will continue to work with its municipal partners such as the Region of Waterloo and the Grand River Conservation Authority should a future request be made to expand the Greenbelt. Page 55 of 72 October 3, 2016

56 14 Integrated Planning & Public Works 5.0 Consultation City of Waterloo Staff met with representatives from surrounding area municipalities and the Conservation Authority to review the proposed changes to the Growth Plan and Greenbelt Plan. Staff comments, including areas of support and area of concern, are generally consistent around the Region. Waterloo staff has some specific concerns/considerations outlined in this report regarding Employment Areas and Major Transit Station Areas. Local municipalities share concern about the timing and implementation details of some of the updated targets. However, overall there is general support for the intent of the Growth Plan and consistency in area municipality comments. City Economic Development staff share the perspective of City planning staff in response to the proposed Growth Plan changes. In order to address changes in land use, a certain degree of flexibility should be maintained, especially with respect to employment areas. Furthermore, the goal of achieving land use targets should not come at the expense of all other elements that go into creating a complete and desirable community. 6.0 Next Steps The Province of Ontario has given until October 31, 2016 for stakeholders and interested parties to submit comments on the proposed changes to the four provincial land use plans. City staff have reviewed the proposed changes in detail and will submit this report to the Province by the October deadline if approved by Council. After receiving comments on the proposed plan, the Province intends on making the Growth Plan and other plans effective as of late 2016 or early The Growth Plan 2016, if approved, may be released to the public for a limited period in advance of the effective date. The Province will also review and if necessary modify the transition regulations for the Plan. Staff will continue to update Council of any relevant implementation issues. Page 56 of 72 October 3, 2016

57 1 Community Services STAFF REPORT Environment & Parks Services Title: Cemetery Services Advancement of Land Lease/Crematorium Disposition RFP Report Number: COM Author: Bryce Crouse Type: Council/Committee Date: October 3, 2016 File: COM Cemetery Services Advancement of Land Lease/Crematorium Disposition RFP Attachments: Appendix A Market Distribution Appendix B Market Forecast Ward No.: City Wide Recommendation: 1) That Council approve report COM ) That Council direct staff to proceed with the next steps of the Cemetery Services Advancement of Land Lease/Crematorium Disposition RFP report including release of a Request for Proposal. A. Executive Summary Continuing competitive influences within the cremation and funeral home business areas as a result of changes to bereavement sector legislation is propelling a reorganization of this wider industry. Regionally significant crematorium operators are continuing to look to local funeral home customers to grow business. These ongoing advances towards existing business clientele impacts the City of Waterloo Cemetery Services established customer base and associated revenues. To counter this potential loss of customers, City staff began analyzing these current crematorium and cemetery influences. Demographic analysis highlighted that the Region of Waterloo will experience a continued growth in customers choosing cremation over the coming 25 years. Further analysis explored options that the City of Waterloo could undertake to advantage themselves in response to the predicted increase in cremation choices while keeping in mind the growing competitive pressures faced as a result of changes in bereavement sector legislation. One option is to identify interest in collaborative strategic alliances. A more advanced exploration of business Page 57 of 72 October 3, 2016

58 2 Community Services opportunities through a release of a Land Lease Disposition Request for Proposal (RFP) is recommended. Business analysis conducted by the City of Waterloo identified third party business interest within the regional area. This exploration provided insight into a robust interest in a potential business alliance. Creation of an RFP will allow for further development towards a potential alliance. Cemetery, Financial, Purchasing and Legal divisions will form a cross-functioning team that will provide a balanced and extensive evaluation of all RFP submissions. Through a defined evaluation matrix all necessary business, operation and community impacts will be assessed and processed with the intent of advancing an economically viable and community responsible business outcome that aligns with the City of Waterloo s strategic priorities. The goal of achieving an optimal business outcome includes selecting a preferred proponent for developing a business alliance lease/agreement for the future crematoria/funeral business. City staff will report back to Council in 2017 as to the outcomes. B. Financial Implications Through the issuance of the RFP, the City is looking to begin the process of evaluating the potential for entering into a business alliance with a funeral services provider, should a suitable candidate be found. This business alliance will have impacts on capital and operating costs. Initial review suggests that there is interest in private businesses aligning with the City specific to crematorium and funeral home operations. It is anticipated the City will receive revenues from leasing the land, and a share of gross revenues generated from sales of service and product. Relinquishing control of the crematorium operations through a business alliance will significantly reduce the amount of revenue received. However, it is anticipated that there will be offsets to this reduction with the receipt of ancillary revenues as a direct result of the relationship between a new funeral home and the cemetery. Allocation of property tax revenues from a funeral home location at the cemetery could be additional revenue to the City. To further offset anticipated financial revenue shortfalls there is potential for reduction in expenses, including capital, maintenance and operational costs. As well, the existing retorts are nearing the end of their useful life cycle and capital investment of $877,000 has been approved for With a new business arrangement, the City cost for the crematorium and chapel refurbishment would be avoided. As a result, cemetery wide Capital costs over the next 10 years could decrease by approximately 43%, from $3.3M to $1.9M. The cemetery would be able to contribute less to the cemetery reserve on a yearly basis to meet ongoing needs. Cemetery land ownership, opening and closing of burial lots and ongoing maintenance of the cemetery grounds would continue to be the responsibility of the City, including road resurfacing and land rehabilitation. An overall reduction in operating costs is expected, including utility, building care and maintenance costs, due to the synergy achieved with such a business alliance. Page 58 of 72 October 3, 2016

59 3 Community Services As part of the review process, further work will take place to identify the potential impacts around loss of crematorium revenues and resulting strategies that look at operational efficiencies and impact to the cemetery reserve fund. C. Technology Implications None D. Legal Considerations Legal Counsel has reviewed this report and is supportive of releasing the RFP and will be involved in any subsequent proponent evaluation and lease agreement process. E. Link to Strategic Plan (Strategic Priorities: Multi-modal Transportation, Infrastructure Renewal, Strong Community, Environmental Leadership, Corporate Excellence, Economic Development) Corporate Excellence: Planning that assists in the long-term goal of self-funding of cemetery services operations and through necessary contributions to the perpetual care and maintenance fund. Economic Vitality: Investigate public/private opportunities to minimize the potential financial impact to the City s Parkview Crematorium and Cemetery Services operation related to the Funeral, Burial and Cremation Services Act and the changes in the Cemetery/Funeral and Cremation Industry that it is prompting. Strong Community: Cemetery supports historic preservation practices and contributes to a meaningful sense of place for visitors as they connect to the non-living. F. Previous Reports on this Topic R&L06-09 Cemetery Services Bechtel Park Master Plan Update Cemetery Services Business Case Study Recommendations R&L08-17 Cemetery Services Bechtel Park Master Plan Strategy G. Approvals Name Signature Date Author: Bryce Crouse September 27, 2016 Commissioner: Mark Dykstra Finance: Keshwer Patel Legal: Bill White CAO Page 59 of 72 October 3, 2016

60 4 Community Services Cemetery Services Advancement of Land Lease/Crematorium Disposition RFP COM Currently the City of Waterloo operates Parkview Cemetery, Mount Hope Cemetery and Parkview Crematorium. These cemetery/crematorium operations are managed under Cemetery Services. Cemetery Services operates as an enterprise division within the City of Waterloo. Under this business model Cemetery Services has been able to operate fiscally independent of tax base support in terms of managing both cemeteries and the crematorium/chapel facilities. This independence has included both day-to-day operations and the majority of capital project funding. This financial strength has also allowed Cemetery Services to gain ground in terms of carefully managing long term cemetery maintenance needs through sustainable contributions of its Care and Maintenance Fund (CMF). In 2006, Cemetery Services completed the Waterloo Cemeteries Business Case Study. The study was commissioned to evaluate and formulate strategic direction for Cemetery Services. Each of the strategic business case alternatives presented in the Study was examined with respect to community social, fiscal and legislative responsibilities. As a result of the Waterloo Cemeteries Business Case Study, City staff presented Council with R&L06-09 Cemetery Services-Bechtel Master Plan Update; Cemetery Services Business Case Study Recommendations. The Study presented a single Priority 1 Recommendation that stated, That the City of Waterloo Cemeteries continue to provide cemetery services and facilities on a long term basis to the community, for the community, by the community to meet after death care needs in a caring cost effective manner, within its current or an enhanced business model in accordance with provincially legislated mandates. A major decision point in the Report was a key recommendation to expand into Bechtel Park. Almost 10 years later the Parkview Cemetery expansion has become a reality; the expansion project will be completed in 2016 with cemetery lot sales expected in This expansion will support a number of key strategic goals of Cemetery Services, including fiscal responsibility through ongoing contributions to the City of Waterloo s Cemetery Services Care & Maintenance Funds and the expansion provides future cemetery land inventory to meet continued community cemetery needs. Page 60 of 72 October 3, 2016

61 Changing Legislation and a Competitive Environment 5 Community Services The 2006 Study was forward thinking in forecasting the need to react to pending changes in Cemetery legislation. With the resulting changes in bereavement sector legislation in 2012, a new business model manifested itself as cemetery/crematoria/funeral service combinations began aligning to run integrated business operations. These integrated business operations are actively positioning themselves in the sphere of operations around the City of Waterloo. The pressure to existing operations is that these business combinations will either comprise The City of Waterloo s current funeral establishment customer base or draw this customer base away from Cemetery Services. Further recommendations within the Report proposed staff continuing to work collaboratively with funeral home alliances and that the Parkview Crematorium may consider expanding cremation services to include direct disposition, pending legislative changes as a strategy to business pressures. Indeed, the changing competitive environment brought about by the change in legislation is already having an impact on operations. The crematorium has shown solid growth peaking in 2013, but is now declining, due to some competitive movements within the crematorium customer base. Implications of the loss of current funeral establishment based customers could escalate in the coming years. Cemetery Services financial records indicate healthy contributions to the Cemetery Reserve Fund for the past 4 years, however this has only been as a result of positive crematorium revenues. This surplus supports not only the Cemetery Reserve Fund but any deficits within the operations side of Cemetery Services. Business Analysis Demographic analysis is suggesting increased cremation business which could strengthen cemetery and crematorium related sales. If a strategic business retention/capture plan is formulated these increases could help support a positive impact on cemetery business. The pie chart, included as Appendix A identifies where the Region and the City s forecasts deaths are expected to be accommodated over the next 25 years. This pie chart depicts the potential future crematorium market demand that could be reached by the Parkview Crematorium or outside competitors over the next 25 years. It is possible that the potential to capitalize on this expected growth lies within Cemetery Services, with outside competitors or with a collaboration of the two. The graph, included as Appendix B depicts an upswing of deaths as expected from the aging baby boomers and a large gap between Parkview Crematorium cremations (dotted line) and the local crematorium market area (darker solid line). This gap represents a market growth opportunity for the City of Waterloo. Page 61 of 72 October 3, 2016

62 Future Opportunities 6 Community Services City Staff conducted a review of regional funeral home business interests and concluded that further exploration of a business alliance involving crematorium operations and a potential on-site funeral establishment would be valuable. The next step is to more formally seek out business interest by issuing a RFP. The RFP for Advancement of Land Lease/Crematorium Disposition is structured to inform and define the scope of business outcomes that the City of Waterloo wishes to evaluate with the intended business submissions. All key financial and operational aspects of a business alliance are to be detailed in the proposals received by interested parties. Cemetery Services will be looking for a strongly positioned provider that can demonstrate a background of uncompromising strength in delivering high-level crematorium/cemetery/funeral home services in a community setting. Financial and operational strength combined with an overall vision that aligns with the City of Waterloo s own strategic priorities, including recognition of the communities interest in the cemetery will be measured and evaluated. An evaluation team comprised of personnel from Cemetery, Financial, Purchasing, and Legal Services will work together towards determining if any submissions would be of meaningful value to the City of Waterloo. City staff will report back to Council in 2017 as to the outcomes. A comprehensive communication plan will be implemented to respond to interests of the public, staff and similar business-related municipalities. The City of Waterloo is at an important junction in the business life of its crematorium and cemetery services area. By strategically evaluating business options through an RFP process ahead of related industry movements, the City of Waterloo can best manage its provision of Cemetery/Cremation/Funeral services to its customers. A proactive approach through the release of an RFP allows the City of Waterloo to make choices on the provision of future Cemetery Services and not have to succumb to pressures that are currently being exerted that will further impact its business viability in the community. Page 62 of 72 October 3, 2016

63 Appendix A To COM Cemetery Services Advancement of Land Lease/Crematorium Disposition RFP Page 63 of 72 October 3, 2016

64 Appendix B To COM Cemetery Services Advancement of Land Lease/Crematorium Disposition RFP Page 64 of 72 October 3, 2016

65 1 Integrated Planning & Public Works STAFF REPORT Engineering Services Title: Lake Louise Boulevard Traffic Calming Report Number: IPPW Author: Chris Hodgson Type: Council/Committee Date: October 3, 2016 File: Attachments: None Ward No.: Ward 3 Lakeshore Recommendation: 1) That IPPW be approved. 2) That Council approve the recommended traffic calming plan for Lake Louise Boulevard as contained in report IPPW and direct staff to complete the design and installation in ) That staff prepare the amendments to Traffic & Parking By-law # to accommodate the approved changes to Lake Louise Boulevard. A. Executive Summary In April 2016, Staff report IPPW Lake Louise Boulevard Traffic Calming recommended a traffic calming plan to help reduce high traffic speeds. The plan included three (3) traffic circles and two (2) speed humps. Based on feedback from some residents of the neighbourhood, Council requested further information to assist in their final decision-making. Staff were directed to review pre-to-post traffic calming data for Auburn Drive in the University Downs neighbourhood. Auburn Drive functions similarly to Lake Louise and had a similar traffic calming plan. In spring 2016, Staff collected updated traffic information in the University Downs neighbourhood and compared it against data collected before the crosswalks were installed. The data shows that traffic speeds reduced in only one (1) of the six (6) count Page 65 of 72 October 3, 2016

66 2 Integrated Planning & Public Works locations, highlighting that the crosswalks alone had little impact on overall traffic speeds. Staff concluded this is probably due to the excessive distance between the crosswalks and the absence of traffic circles that were originally planned but not installed. Based on this review, Staff recommends that the Lake Louise Boulevard traffic calming plan remain as originally proposed in Staff report IPPW , consisting of three (3) permanent traffic circles supported further by two (2) speed humps. B. Financial Implications Based on a review of previous engineering reports, the estimated cost ranges for this work are: Traffic circles: Speed humps: $5,000 to $20,000 each $5,000 to $7,000 each The overall estimated construction cost to implement the recommended plan ranges from approximately $25,000 to $74,000. Given new AODA requirements at crosswalks including hazard walking indicators (tactile plates), actual costs for the traffic circles are likely to be at the higher end of this range. Costs will be more certain upon completion of the detailed design. At that time staff will consider timing and the most cost-effective implementation option. Options would be to use the City s Annual Concrete & Asphalt Contractor or to tender the works as a separate project. This work would be funded from project Citywide Traffic Calming Implementation, which has a balance of $115,000 for use on projects of this nature. C. Technology Implications There are no technology implications associated with this report. D. Legal Considerations Staff did not seek legal advice. E. Link to Strategic Plan (Strategic Priorities: Multi-modal Transportation, Infrastructure Renewal, Strong Community, Environmental Leadership, Corporate Excellence, Economic Development) Multi-modal Transportation: Add more complete streets ( streets that are safe for all road users) Expand active transportation network (i.e. bike lanes and safer road crossings for trails) Strong Community: Support community wellbeing through active living/community engagement Page 66 of 72 October 3, 2016

67 3 Integrated Planning & Public Works F. Previous Reports on this Topic PWS Lake Louise Boulevard Traffic Study and Class EA PWS Traffic Calming Update IPPW Auburn-University Neighbourhood Traffic Study Follow up Report IPPW Lake Louise Boulevard Traffic Calming G. Approvals Author: Director: Commissioner: Finance: Name Signature Date CAO Page 67 of 72 October 3, 2016

68 4 Integrated Planning & Public Works Lake Louise Boulevard Traffic Calming IPPW Background In 2006, a Schedule B Class Environmental Assessment (EA) traffic study was completed for Lake Louise Boulevard. The study recommended a traffic calming plan for the street that included the use of traffic circles. That study was approved by City Council in The City hired a consulting engineering firm to develop traffic calming designs based on the 2006 Class EA study. Some residents opposed the traffic circle component of the traffic calming plan. To address these concerns Staff installed three (3) temporary traffic circles using rubber curbing and undertook additional traffic speed monitoring at six (6) locations. Results from traffic monitoring showed that speeds had been reduced in four (4) out of the six (6) locations. The data indicated that the traffic circles had positively influenced the majority of drivers in the vicinity of the circles, but there were two locations where traffic speeds increased. Staff concluded that this was due to the excessive distance between traffic circles; and, after reviewing options, added two (2) speed humps to the traffic calming plan. In April 2016, Staff report IPPW Lake Louise Boulevard Traffic Calming recommended a traffic calming plan to help reduce high traffic speeds. The plan included three (3) traffic circles and two (2) speed humps. Based on feedback from some residents of the neighbourhood, Council requested further information to assist in their final decision-making. Staff were directed to review pre-to-post traffic calming data for Auburn Drive in the University Downs neighbourhood. Auburn Drive functions similarly to Lake Louise and a similar traffic calming plan was recommended in 2013 consisting of traffic circles and raised crosswalks. Due to concerns of some members of the University Downs neighbourhood, Council directed staff to remove the traffic circles from the Auburn Drive plan. The new crosswalk aspect of the plan was advanced and installed summer of Data was recently reviewed from Auburn Drive to determine if the raised crosswalks alone positively influenced traffic speeds in the University Downs neighbourhood. If the outcome of the review were to be positive, a similar solution could be considered for Lake Louise Boulevard. Page 68 of 72 October 3, 2016

69 5 Integrated Planning & Public Works In spring 2016, Staff collected updated traffic information in the University Downs neighbourhood and compared it against data collected before the crosswalks were installed. The data shows traffic speeds reduced in only one (1) of the six (6) count locations, highlighting that while the raised crosswalks had an impact on traffic speeds immediately at the location of the crosswalks, these measures alone had little impact on overall traffic speeds in the neighbourhood. Staff concluded this is probably due to the excessive distance between the crosswalks. 2.0 Traffic Conditions for University Downs Neighbourhood To assess traffic speeds, best practices include the collection of data to calculate the 85 th percentile speed, which is the speed at or below which 85 percent of vehicles are travelling at any given location. Updated traffic information was collected on Auburn Drive, between April 18 and June 16, The data shows the 85 th percentile speeds ranged between 53.0km/h and 62.2 km/h (refer to figure 1). St. Matthew School entrance is located on Pastern Trail, where the posted speed limit is at 40km/h between Auburn Drive and the southern limit of the school traffic speeds are shown to be 11km/h over the posted speed limit there. A summary of the six (6) locations counted shows: at 3 out of 6 locations the speed increased after installation at 1 out of 6 locations the speed decreased after installation at 1 out of 6 locations speed remained approx. the same as before installation at 1 out of 6 locations there was no before speed data on file 2.1 Conclusions drawn from the University Downs neighbourhood traffic monitoring Conclusions from the monitoring show that: The raised crosswalks have a positive impact on traffic speeds immediately at the location of the crosswalks The raised crosswalks have little impact when distances between physical measures are significant, highlighting that physical traffic calming measures need to be spaced closer to be more effective The removal of traffic circles from the Auburn Drive plan has ultimately impacted the effectiveness of the plan A speeding issue remains on Auburn Drive and Pastern Trail Page 69 of 72 October 3, 2016

70 6 Integrated Planning & Public Works Figure 1: traffic results from University Downs neighbourhood traffic monitoring Page 70 of 72 October 3, 2016

71 7 Integrated Planning & Public Works 3.0 Recommended Plan Based on the traffic monitoring data from the University Downs neighbourhood, Staff recommend that the Lake Louise Boulevard traffic calming plan remain as originally proposed in Staff report IPPW , consisting of three (3) permanent traffic circles supported further by two (2) speed humps (see figure 2). The recommended traffic calming plan for Lake Louise Boulevard is based on the following: The conclusions of the Class EA work, approved by Council in 2006 Minor adjustments made through the preliminary design work to avoid impacts on driveways Outcome of speed monitoring from testing measures in the field A review of appropriate traffic calming measures to be added to the preliminary plan Discussions with Waterloo Fire Rescue and City Transportation Operations staff The recommended traffic calming plan consists of the following specific measures: Painted on-street parking and bike lanes (completed 2015 and to remain) Installation of three (3) permanent traffic circles on Lake Louise Boulevard at its intersections with (i) Ellesmere Court; (ii) Coldstream Drive, and (iii) Sandbanks Crescent Installation of two (2) speed humps on Lake Louise Drive (i) mid-way between Pinery Trail and Waterton Drive, and (ii) mid-way between Coldstream Drive and Sandbanks Crescent Staff will collect data following installation to document the effectiveness of the measures The above plan provides a balanced set of traffic calming measures to address an ongoing road safety issue while mitigating any negative impacts on emergency response and city snow plow services. Transportation Operations Services are supportive of the recommended plan. Waterloo Fire Rescue acknowledges the on-going consultation efforts made by Engineering Services staff in developing the plan and appreciate the road safety aspects of traffic calming. Should Council approve the traffic calming plan, the consultant will complete the detailed design of the traffic circles and the speed humps. Staff would then prepare the required amendments to the Traffic and Parking By-law # Page 71 of 72 October 3, 2016

72 8 Integrated Planning & Public Works Figure 2: recommended traffic calming plan for Lake Louise Boulevard Page 72 of 72 October 3, 2016