Loading...
HomeMy WebLinkAboutDev & Tech Svcs - 2003-04-28DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 28~ 2003 CITY OF KITCHENER The Development and Technical Services Committee met this date commencing at 7:09 p.m. under Councillor C. Weylie, Chair, with the following members present: Mayor C. Zehr and Councillors J. Smola, G. Lorentz and M. Galloway. Councillor B. Vrbanovic entered the meeting shortly after commencement. Officials Present: Ms. L. MacDonald, Ms. F. McCrea, Ms. D. Ross and Messrs. J. Fielding, G. Stewart, J. Willmer, R. Shamess, H. Gross, J. McBride, B. Sloan and L.W. Neil. Ms. L. MacDonald introduced Ms. Fiona McCrea who was recently hired by the City as an Assistant Solicitor and briefly commented on Ms. McCrea's legal experience. 1. DTS-03-061 - 118 PANDORA AVENUE NORTH COMPLIANCE WITH CONDITIONS OF ZONE CHANGE APPLICATION ZC 99/17/P/GR ANDREW AND MAXlNE BURRY BRIDGEPORT - CENTRE WARD The Committee was in receipt of Development and Technical Services Department report DTS- 03-061 dated April 8, 2003 recommending that the by-law pertaining to re-zoning of 118 Pandora Avenue North be forwarded to Council for three readings even though the 7 month time period for fulfilling conditions has expired. It was noted in the report that Zone Change Application ZC 99/17/P/GR was approved on November 29, 1999 for the purpose of permitting the conversion of an existing building to a triplex with special regulation addressing setbacks and lot coverage. Several conditions were to be satisfied prior to any readings of the By-law, all of which have now been complied with and staff recommend the By-law be approved notwithstanding that the 7- month time period to fulfill conditions has expired. On motion by Councillor G. Lorentz - it was resolved: "That Zone Change Application ZC 99/17/P/GR (118 Pandora Avenue North - Andrew and Maxine Burry) approved by Council on November 29, 1999, be forwarded to Council for three readings of the by-law even though the seven month time period for fulfilling conditions has expired." DTS-03-062 - BAXTER PLACE - ON STREET PARKING PROHIBITION FAIRVIEW - GATEWAY WARD The Committee considered Development and Technical Services Department report DTS-03- 062 dated April 15, 2003 concerning parking prohibition on both sides of Baxter Place. The report was prepared in response to concerns expressed regarding on-street parking currently taking place on Baxter Place. On motion by Councillor G. Lorentz - it was resolved: "That parking be prohibited at any time on both sides of Baxter Place between Pioneer Tower Road and Edgehill Drive; and further, That the Uniform Traffic By-law be amended accordingly." DTS-03-046 - BINGEMAN STREET, SOUTH SIDE RE: SIDEWALK INSTALLATION FROM LYDIA STREET TO EAST AVENUE - REQUEST FROM PROPERTY OWNER OF 50 LYDIA STREET FOR EXEMPTION OF THE SOUTH SIDE OF BINGEMAN STREET (LYDIA STREET TO MERNER AVENUE) FROM COUNCIL POLICY 1-1120 (SIDEWALKS) - BRIDGEPORT - CENTRE WARD The Committee considered Development and Technical Services Department report DTS-03- 046 dated March 24, 2003 in which it was pointed out that as part of the re-construction of DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 28~ 2003 - 47 - CITY OF KITCHENER DTS-03-046 - BINGEMAN STREET, SOUTH SIDE RE: SIDEWALK INSTALLATION FROM LYDIA STREET TO EAST AVENUE - REQUEST FROM PROPERTY OWNER OF 50 LYDIA STREET FOR EXEMPTION OF THE SOUTH SIDE OF BINGEMAN STREET (LYDIA STREET TO MERNER AVENUE) FROM COUNCIL POLICY 1-1120 (SIDEWALKS) - BRIDGEPORT - CENTRE WARD (CONT'D) Bingeman Street, staff have proposed a sidewalk be installed on the south side of Bingeman Street between Lydia Street and East Avenue in accordance with Council Policy I-1120 (Sidewalks). It was also noted in the report that the property known as 50 Lydia Street has its flankage along Bingeman Street where the driveway entrance and garage are located. The garage is located close to the street line and when the new sidewalk is constructed, parking in front of the garage will no longer be possible. Mr. H. Gross, Director of Project Administration briefly explained the issue pertaining to the report and commented on the reasons that staff were attempting to install a sidewalk on one side of Bingeman Street where no sidewalks have previously existed. Councillor B. Vrbanovic entered the meeting at this point. Mr. Shane Blahut, owner of 50 Lydia Street attended in support of his e-mail dated April 23, 2003 that was circulated with the Committee agenda. He advised that the proposed sidewalk would cut through the centre of his driveway and he would be unable to park a vehicle on it. He indicated that staff have advised that on-street parking by permit would be the solution to this problem. Mr. Blahut stated that there were very few pedestrians who utilize Bingeman Street in this section and that a pedestrian survey to establish need for a sidewalk was not undertaken. Further, he advised that the proposed sidewalk would impact his landscaping, trees and gardens which would all be lost. On the issue of safety, he advised that his concern was that his children would be required to enter / exit vehicles on the roadway rather than in his driveway. In summary, Mr. Blahut commented that the negatives of the proposed sidewalk installation outweigh the positive. Mr. Dave McDougall, owner of 62 Merner Avenue attended in support of his e-mail dated April 7, 2003 that was circulated with the Committee agenda. He advised that the flankage of his property was on the south side of Bingeman Street and that one of the reasons he purchased his property was because it did not have a sidewalk. He commented that there was no logical reason to install a sidewalk and questioned why one would be installed when no one has requested it. Councillor J. Smola advised that he was in agreement with the comments of the delegations and was prepared to introduce a motion not to install a sidewalk on the south side of Bingeman Street. He did note that staff had acted appropriately in this matter in making a recommendation and bringing the matter to the Committee for a decision in consideration of Council Policy. Mayor C. Zehr advised that he was also in agreement with Councillor Smola and concurred there was not an established need for the sidewalk. He also agreed that it was appropriate for staff to bring a recommendation forward for consideration. Councillor M. Galloway commented that he would appreciate having a better idea of the outcome of informal meetings between staff and the public and asked that such information be incorporated into future staff reports so as to provide detail with regard to background issues and positions. Mr. J. Fielding indicated that staff would take this request under advisement. On motion by Mayor J. Smola - it was resolved: "That the south side of Bingeman Street between Lydia Street and East Avenue be exempt from the sidewalk provisions of Council Policy Number I-1120 (Road Allowance Widths and Sidewalk Locations in New Subdivisions) and a sidewalk not be installed in this location during reconstruction of Bingeman Street." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 28~ 2003 - 48 - CITY OF KITCHENER DTS-03-052 - 1077 QUEENS BOULEVARD - MUNICIPAL PLAN AMENDMENT APPLICATION MP 02/14/Q/DR - ZONE CHANGE APPLICATION ZC 02/45/Q/DR - DEMOLITION CONTROL APPLICATION DC 02/13/Q/DR - ST. MARY'S HOSPITAL - FOREST - ROCKWAY WARD The Committee was in receipt of Development and Technical Services Department report DTS- 03-052 dated March 28, 2003 dealing with applications for Municipal Plan Amendment, Zone Change and Demolition at the property known municipally as 1077 Queens Boulevard. It was pointed out in the report that St. Mary's Hospital proposes to demolish a single detached dwelling and redesignate and rezone the subject property in order to construct a commercial parking lot which would be designated for staff parking only and used primarily during daytime hours. Attached to the staff report was a proposed By-law dated March 18, 2003 to implement the zoning, as well as the Amendment to the Municipal Plan in this regard. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Councillor C. Weylie, Chair, read the following statement: 'This is a Public Meeting under 'The Planning Act, 1996' to consider Municipal Plan Amendment Application 02/14/Q/DP. Section 17 (45) of the Planning Act allows the Ontario Municipal Board to dismiss all or part of an appeal without holding a hearing if the appellant did not make oral submissions at a public meeting or did not make written submissions to the council before the plan was adopted and, in the opinion of the Board, the appellant does not provide a reasonable explanation for having failed to make a submission. In order to ensure the record includes all the names of those individuals who are making verbal submissions today for this Municipal Plan Amendment, please ensure that you clearly identify yourself before you begin your submissions and the Clerk will record your name for the record. If your name does not appear on the record, you may jeopardize any further involvement you wish to have in these matters. Any recommendation made by the Development & Technical Services Committee on these matters today will be considered by City Council on May 5, 2003. If City Council adopts the amendments, they will proceed to the Regional Municipality of Waterloo who has the final approval authority for Municipal Plan Amendments. They are also the body to whom appeals are sent. Further information on these procedures ~s available from the City's Development and Technical Services Department or the Region's Department of Planning and Culture.' Ms. D. Ross briefly summarized the purpose of the St. Mary's Hospital proposal as contained in the report and commented on the merits of the proposal. She noted that a site plan for the parking lot has been submitted and made reference to the technical issues that would be addressed pertaining to it. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, attended representing St. Mary's Hospital to indicate his client's support for the recommendation in the staff report and to thank staff for their assistance in this matter. No other delegations were registered respecting this matter. Councillor G. Lorentz commented that the development would have little or no impact on the immediate area given the configuration of the site and in consideration of it containing approximately 200 parking spaces. He also referenced merits of the proposal and pointed out that it was a good solution to the needs of St. Mary's Hospital, the general neighbourhood and initiatives in respect to naturalization of the Lakeside Park lands. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 28~ 2003 - 49 - CITY OF KITCHENER DTS-03-052 - 1077 QUEENS BOULEVARD - MUNICIPAL PLAN AMENDMENT APPLICATION MP 02/14/Q/DR - ZONE CHANGE APPLICATION ZC 02/45/Q/DR - DEMOLITION CONTROL APPLICATION DC 02/13/Q/DR - ST. MARY'S HOSPITAL - FOREST - ROCKWAY WARD (CONT'D) On motion by Councillor G. Lorentz - it was resolved: "1)That Municipal Plan Amendment Application MP 02/14/Q/DR (1077 Queens Boulevard - St. Mary's Hospital) be approved, being an amendment to: a)Add Special Policy 38 to Part 3, Section 12 as follows: 38. Notwithstanding the Low Rise Residential designation, on lands municipally known as 1077 Queens Boulevard, a commercial parking lot shall be a permitted use. b)Amend Map 8 to include Special Policy 38 as shown on Schedule 'A'. It is the opinion of this Committee that approval of this amendment to the City's Municipal Plan is proper planning for the City. 2) That Zone Change Application ZC 02/45/Q/DR (1077 Queens Boulevard - St. Mary's Hospital) requesting a change in zoning from Residential Six Zone (R-6) to Residential Six Zone (R-6) with Special Use Provision 328U, on lands legally described as Part Lot 2, Plan 786; Part 15, R.P. 58R-370, be approved in the form shown in the "Proposed By-law", dated March 18, 2003. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with a recommended Amendment (MP 02/14/Q/DR) to the City's Municipal Plan. 3) That Demolition Control Application DC 02/13/Q/DR (St. Mary's Hospital), for which the owner is requesting approval for the demolition of a single detached dwelling at 1077 Queens Boulevard, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City." DTS-03-040 - 220 VILLAGE ROAD - ZONE CHANGE APPLICATION ZC 02138NIBS - VACANT LAND CONDOMINIUM APPLICATION 30CDM-03201 - MENNOHOMES INC. - FOREST-ROCKWAY WARD The Committee was advised that a Zone Change Application and a Vacant Land Condominium application had been submitted by MennoHomes Inc. with respect to property known municipally as 220 Village Road. The subject lands front on Village Road west of Westmount Road East for which a development is planned on a parcel of land that is proposed to be created through a consent application processed in 2002 that has been appealed to the Ontario Municipal Board. The applicant has requested that 10 duplex dwellings (20 units) be permitted on the lot for purposes of the zoning by-law whereby some of the dwellings would front on a private driveway leading to a public street. The proposed development would be in a condominium format and MennoHomes has applied for funding assistance from the Region of Waterloo for the provision of affordable housing. In this regard, the Committee considered Development and Technical Services report DTS-03-040 dated March 12, 2003. Notice of the public meeting to be held this date was given by advertisement in the Record on April 9, 2003. Public re-notification was undertaken as a result of the cancellation of the April 7, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 28~ 2003 - 50 - CITY OF KITCHENER DTS-03-040 - 220 VILLAGE ROAD - ZONE CHANGE APPLICATION ZC 02/38/V/BS - VACANT LAND CONDOMINIUM APPLICATION 30CDM-03201 - MENNOHOMES INC. - FOREST-ROCKWAY WARD (CONT'D) 2003 Development and Technical Services Committee meeting which was scheduled to consider this matter but cancelled due to adverse weather conditions in order to ensure public safety. Direction was given to staff to undertake readvertisment of this matter. Prior to the commencement of the meeting, a proposed recommendation dated April 28, 2003 intended to replace the recommendation in report DTS-03-040 was made available for pick-up by those attending the meeting. The revised recommendation represents a compromise respecting the proposed development that has been reached by representatives of the applicant and representatives of the neighbourhood residents. Councillor C. Weylie noted that many delegations were registered to speak on this matter. However, in view of a compromise proposal that has been agreed to between the applicant and the representatives of area residents, she advised that at this time she would only call on Mr. Jeff Wilmer, Director of Planning; Mr. Chris Pidgeon representing the applicant and Ms. Wendy Shaw representing area residents to comment on the proposal. Councillor Weylie asked that everyone in attendance listen carefully to all presentations and at their conclusion she would then hear any other persons that might still wish to appear as a delegation on this matter. Mr. J. Willmer advised that the delay in consideration of this matter as a result of cancellation of the April 7, 2003 Committee meeting had provided all parties additional time to resolve differences. He noted that through the effort of MennoHomes Inc. and their representatives and the area residents and their representatives, a solution to concerns over the proposed development on this site had been found. Mr. Willmer reviewed the history of the development commencing with the severance application which was approved by the Committee of Adjustment but appealed to the Ontario Municipal Board by approximately 60 area residents. He described and illustrated the re-zoning proposal including the site plan and compared it to the latest compromise proposal. The compromise proposal reduces the number of units to 8 (16 dwellings) from 10 units (20 dwellings); provides for all units to have street frontage (internal road eliminated); provides for the depth of the building lots to be similar to existing residential properties on Village Road; and provides for an additional rear land parcel approximately 70 feet deep by 225 feet to be added to Forest Hill Park for use as a Community Garden. Messrs. J. Willmer and B. Sloan then reviewed the 5 parts of the draft recommendation distibuted to the Committee and those in attendance this date for the purpose of replacing the recommendation in the staff report. It was noted that recommendation A dealing with the revised zoning by-law allows for 8 lots with a maximum of 16 dwelling units, compliance with rear yard set back requirements and requires 2 parking spaces per dwelling unit. Recommendation B deals with City purchase of the rear lands for purposes of a Community Garden and sale by the City of approximately 20 feet of City land fronting Village Road for purchase by the applicant to be added to the lands of building unit #1. Recommendation C provides for the City to sign the draft condominium plan as an owner of a portion of land that is subject to the application. Recommendation D dealing with draft approval of the plan of condominium sets out the conditions which were briefly commented on by Mr. B. Sloan, including a request to add the phrase 'the dedication of land and / or by' to D.2.5. Finally, Recommendation E deals with necessary rezoning of an approximate 20 foot parcel fronting Village Road to be added to the development. It was pointed out that the rear land parcel would not be rezoned and would retain existing zoning and that the zone change application should be amended to reflect deletion of these lands. In response to questions, staff advised that the area residents were willing to withdraw their objection to the Ontario Municipal Board regarding the land severance based on the agreed upon compromise and that Ms. Wendy Shaw was working on this issue. Concern was expressed if all area residents did not withdraw their OMB objection and staff advised that every DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 28~ 2003 -51 - CITY OF KITCHENER DTS-03-040 - 220 VILLAGE ROAD - ZONE CHANGE APPLICATION ZC 02/38/V/BS - VACANT LAND CONDOMINIUM APPLICATION 30CDM-03201 - MENNOHOMES INC. - FOREST-ROCKWAY WARD (CONT'D) effort would be made to communicate with such residents in hope of resolving the matter without an OMB Hearing. However, it would up to the OMB to address any remaining objections. In reference to the condominium agreement, a condominium corporation board would be established and would provide for maintenance standards for the entire development. Finally, front building setbacks were only slightly less than setbacks of existing residential properties. Mr. Chris Pidgeon, Green Scheels Pidgeon, Planning Consultants attended to make a brief presentation on behalf of the applicant, MennoHomes Inc. Prior to the start of the meeting he distributed a site plan dated April 28, 2003 and a Draft Plan of Condominium illustrating the 8 building units to the Committee, Ms. W. Shaw and City staff. He pointed out that the application involved partnerships between MennoHomes Inc. as well as the Mennonite Central Committee and the Region of Waterloo. Other partners in the proposal were the affected area residents and Kitchener staff. He reviewed the history of the project which was initiated in 2001 to provide affordable housing and commented that the site on Village Road meets all the necessary criteria of the partners. Photographs of the subject property with its 8 foot vertical rise and of neighbouring properties were shown followed by a description of neighbourhood consultation meetings that had taken place with continuous dialogue to this point in time. Mr. Pidgeon advised that MennoHomes intents to liaize with the area residents through a liaison committee to address project concerns commencing with the construction phase. He illustrated the previous and the most recent 8 building unit development concept, noting that units would have double width driveways and decks / patios at the rear. The elevation rise at the site would be excavated to lessen the physical impact of the 2 storey height of the building units and each building would have a single front entrance giving the appearance of a single detached dwelling. Mr. Pidgeon asked that the Committee approve the application as all technical issues had been met and the project was compatible with the neighbourhood. In response to questions, Mr. Pidgeon pointed out that MennoHomes Inc. would be the owner of the units under condominium ownership form and would establish rules and regulations pertaining to the property and to the rental units and that a board of directors composed of representatives of MennoHomes, the Mennonite Central Committee and residents of the development would be established. He confirmed that the proposal of 8 buildings with 16 dwelling units still met affordable home criteria. Ms. Wendy Shaw attended on behalf of area residents respecting the applications. She emphasized that their main concern was the method of how infill of the subject site with affordable housing would be accomplished and still be compatible with existing neighbourhood properties. She advised that residents consider the latest compromise proposal to be a real compromise by all parties resulting in a much better development. Ms. Shaw noted that residents fully support the merits of the Community Garden component and would like the development to succeed. In summary, she stated that the residents support the proposed recommendation circulated this date and publicly thanked all parties. In response to questions, she advised that consent and signatures to withdraw the severance appeal to the Ontario Municipal Board had been obtained from all but 12 of the 60 original objectors at this point in time and that the remaining 12 were being sought. Ms. Carine Nind, Chair, Waterloo Region Community Homelessness Network and President of Circa Development attended in respect to her April 2, 2003 correspondence distributed with the agenda. She advised that she was extremely pleased with the compromise outcome of this proposed development and with the relationship that had been built between MennoHomes Inc., residents and city staff. Finally, she commented that the Community Garden component was a real asset for the overall community. Ms. Lorna Van Mossel attended regarding the proposal as in the staff report but stated that she was happy with the compromise that has been reached and it was unnecessary for her to make any additional comment. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 28~ 2003 - 52 - CITY OF KITCHENER DTS-03-040 - 220 VILLAGE ROAD - ZONE CHANGE APPLICATION ZC 02/38/V/BS - VACANT LAND CONDOMINIUM APPLICATION 30CDM-03201 - MENNOHOMES INC. - FOREST-ROCKWAY WARD (CONT'D) Mr. Marty Wasilka attended in support of his April 23, 2003 correspondence circulated with the Committee agenda and advised that his concerns had been fully addressed. No other delegations were registered or responded to an invitation to address the Committee. Councillor G. Lorentz thanked everyone involved in the agreed compromise and especially acknowledged the work done by Wendy Shaw. He commented that the outcome was a smart way to incorporate affordable housing in the community. He recommended that when promoting affordable housing projects in the future, the Region of Waterloo strive to find sites having the required zoning for such infill development and to also encourage such development on former service station property or Brownfield lands. Councillor Lorentz noted that with the compromise reached, the development was a win / win for all parties and also thanked Messrs. C. Pidgeon, J. Willmer, B. Sloan and J. Fielding for their efforts. Councillor Lorentz acknowledged that there was an unrelated problem negatively affecting area residents pertaining to parking taking place on Village Road for school drop off / pick up and noted that both neighbourhood churches have excluded use of their parking facilities in this regard. He asked that church officials in attendance this date undertake to meet and find a solution to allow for school children to be safely dropped off and picked up. Mayor C. Zehr commented that infill type housing projects would become more common in the future and applauded the significant movement of all parties in reaching a compromise solution on the Village Road development, as did Councillor B. Vrbanovic. The proposed recommendation distributed this date was then considered, including the revised proposed zoning by-law dated April 28, 2003 which deletes the approximate 70 foot by 225 foot parcel of land at the rear of the subject property from the zoning application and a requested minor revision to recommendation D.2.5. On motion by Councillor G. Lorentz - it was resolved: "A. That Zone Change Application ZC 02/38/V/BS (220 Village Road - MennoHomes Inc.) for the purpose of changing the zoning from Neighbourhood Institutional Zone (1- 1 ) to Neighbourhood Institutional Zone (I-1), with special regulation provision 396R on lands legally described as Part Lot 1, Municipal Compiled Plan 1020, and municipally known as 220 Village Road in the Cit~ of Kitchener, be approved in the form shown in the "Proposed By-law" dated April 28 , 2003 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That staff be authorized to negotiate the details of the sale of a parcel of land approximately 6.1 metres x 39.62 metres with frontage on Village Road immediately west of 220 Village Road to the adjacent property owner and the purchase of a parcel of land approximately 62.58 metres x 20.96 metres with no street frontage at the rear of 220 Village Road from the adjacent property owner as an addition to Forest Hill Park intended to be used as a Community Garden. That the Mayor and Clerk be authorized to sign the Draft Plan of Condominium on behalf of the City of Kitchener as owner of a portion of the land subject to the application. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 28~ 2003 - 53 - CITY OF KITCHENER DTS-03-040 - 220 VILLAGE ROAD - ZONE CHANGE APPLICATION ZC 02/38/V/BS - VACANT LAND CONDOMINIUM APPLICATION 30CDM-03201 - MENNOHOMES INC. - FOREST-ROCKWAY WARD (CONT'D) D. That the City of Kitchener pursuant to Section 51(31) of the Planning Act R.S.O. 1990, Chapter P. 13 as amended, and delegation By-law 2002-164, grant draft approval to Plan of Condominium Application 30CDM-03201 (220 Village Road), in the City of Kitchener for MennoHomes Inc. and the City of Kitchener, subject to the following conditions: That this approval applies to Draft Plan of Condominium 30CDM-03201 for MennoHomes Inc. and the City of Kitchener, prepared by Green Scheels Pidgeon th Planning Consultants Limited, dated April 28, 2003, that shows 8 vacant land condominium 'units'. 2. That prior to final approval of the plan to be registered, the owner shall fulfill the following conditions: 1. That the final plan shall be prepared in accordance with the above noted plan, with a copy of the final plan being approved by the City's Director of Planning. 2. That Zone Change Application ZC 02/38/V/BS (220 Village Road) receive final approval. That the owner submit a draft Condominium Declaration for approval by the City's Director of Planning and Kitchener-Wilmot Hydro Inc containing, but not limited to, the following provisions: i) That in the event that zero lot line housing is proposed for development, a maintenance easement and eaves encroachment easement shall be required between units to the satisfaction of the City Solicitor; and ii) That access rights will be maintained for Kitchener-Wilmot Hydro. 4. That the Owner covenant and agree in writing to the City's Director of Planning to register a Condominium Declaration which shall include the approved provision as required in Condition # 3 hereof. 5. That the 5% parkland dedication required for the entire Plan of Condominium, being 0.015 hectares, shall be satisfied by the dedication of land and / or by a cash-in-lieu contribution for 5% of the value of all the lands within the plan. The value of the cash contribution shall be determined by the City's appraiser as of the day before the day of approval of the Draft Plan of Condominium, payable to the City prior to the City's release of the plan for registration. 6. That the Owner make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections. 7. That the owner make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, paved driveway ramps and the installation of new curb and gutter along the street frontage. 8. That to address Storm Water quality concerns, the owner is required to contribute payment in accordance with the City's Master Stormwater Management Policy. For this development, the owner is to pay to the City $4,438.00 for that part of the cost of the City's stormwater quality management system attributable to the site in accordance with the aforementioned policy. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 28~ 2003 - 54 - CITY OF KITCHENER DTS-03-040 - 220 VILLAGE ROAD - ZONE CHANGE APPLICATION ZC 02/38/V/BS - VACANT LAND CONDOMINIUM APPLICATION 30CDM-03201 - MENNOHOMES INC. - FOREST-ROCKWAY WARD (CONT'D) 9. That the Owner prepare a Landscape Plan to the satisfaction of the City's Director of Planning showing planting and surfacing details for all areas not covered by buildings, structures, loading areas or parking areas and showing fencing along the westerly property line abutting the park lands and a visual barrier along the side lot line of the rear yard of the most easterly 'unit' abutting the church lands. 10. That the Owner make financial arrangements to the satisfaction of the City's Director of Planning for the installation, to City standards, of the landscaping as indicated on the approved Landscape Plan with the maintenance of said landscaping to be the responsibility of the Condominium Corporation. 11. That the Owner submit a plan to the satisfaction of the City's Director of Planning showing the location of all buildings, driveways and required parking spaces for each unit to confirm compliance with the Zoning By-law. 12. That the Owner shall install within the subdivision any required geodetic monuments under the direction of the City's Engineering Services, with coordinate values and elevations thereon and submit for registration the plans showing the location of the monuments, their coordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. 13. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes, utility accounts and/or local improvement charges. 3.CLEARANCE CONDITIONS: 1. That prior to the signing of the final plan by the Director of Planning, the owner shall submit a detailed written submission outlining and documenting how conditions 2.2 through 2.13 inclusive have been met. The submission shall include a brief but complete statement detailing how each condition has been satisfied. 2. That prior to the signing of the final plan by the Director of Planning, Kitchener- Wilmot Hydro Inc. shall notify the Director of Planning that Condition 2.3 has been satisfied. 4. NOTES: Development Charges 1. The owner/developer is advised that the provisions of the Development Charge By- laws of the City of Kitchener and the Regional Municipality of Waterloo are applicable. Registry Act 2. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. The condominium plan for registration must be in conformity with Ontario Regulation 43/96 as amended, under the Registry Act. Updated Information 3. It is the responsibility of the owner of the lands subject to this draft plan to advise the City of Kitchener Development and Technical Services Department and the Regional Municipality of Waterloo of any changes in ownership, agent, address and phone number. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 28~ 2003 - 55 - CITY OF KITCHENER DTS-03-040 - 220 VILLAGE ROAD - ZONE CHANGE APPLICATION ZC 02/38/V/BS - VACANT LAND CONDOMINIUM APPLICATION 30CDM-03201 - MENNOHOMES INC. - FOREST-ROCKWAY WARD (CONT'D) Fees 4. The owner/developer is advised that the City of Kitchener and the Regional Municipality of Waterloo have adopted by-laws, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of condominium. Planning Act Applicability 5. This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). Registration Release 6. To ensure that a City Release is issued by the Director of Planning prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Director of Planning, no later than December 15th. City staff can not ensure that a City Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. Final Plans - Condominium 7. When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the applicable clearance agency that the necessary arrangements have been made, the signature of the Director of Planning will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One (1) original mylar Six (6) mylar copies Six (6)white paper prints One (1)J-1 Form It is the opinion of this Committee that approval of this application is proper planning for the City. E. That staff be authorized to advertise for a Public Meeting with the intent to rezone a parcel of land approximately 6.1 metres x 39.62 metres with frontage on Village Road from Public Park Zone (P-l) to Neighbourhood Institutional Zone (I-1), 396R at the earliest opportunity. DTS-03-067 - TRAFFIC CONTROL SIGNAL WARRANTS TRANSPORTATION ASSOCIATION OF CANADA (TAC) The Committee considered Development and Technical Services Department report DTS-03- 067 dated April 22, 2003 dealing with traffic control signal warrants. It was noted in the report that the installation of traffic control signals is currently based on a set of warrants established by the Ministry of Transportation (MT©) that include the use of traffic counts for the highest 8-hours of a day. Past reviews have shown that there are problems satisfying these warrants when peak traffic volumes were not sufficient for the full 8 hours to meet the minimum requirements for DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 28~ 2003 - 56 - CITY OF KITCHENER DTS-03-067 - TRAFFIC CONTROL SIGNAL WARRANTS TRANSPORTATION ASSOCIATION OF CANADA (TAC) (CONT'D) signals. On April 30, 2001 Council requested the Region of Waterloo to review the warrants for installation of traffic control signals to address peak hour demands from adjacent developments. The Transportation Association of Canada has reviewed warrants that are in use across the country and in other jurisdictions and has adopted a warrant based on the highest of 6 hours that includes a number of factors as listed in the staff report. Mr. J. McBride commented that the recommendation in the report seeks modification of warrant criteria based on 6 hour counts which will address peak use in some locations. Councillor M. Galloway questioned how the 6 hour period was advantageous and Mr. J. McBride advised that the 6 hour time frame eliminates lower volumes at either end of morning or afternoon peaks. He emphasized that while it will assist the City there may still be locations that do not benefit from this change. Councillor B. Vrbanovic requested that Ottawa Street at Montcalm Drive be added to the list of locations identified for review. The recommendation in the staff report, along with the addition of Ottawa Street as requested was then considered. On motion by Mayor C. Zehr - it was resolved: "That use of the Transportation Association of Canada (TAC) warrants for the installation of traffic control signals and the Intersection / Midblock Pedestrian Signal Warrant Criteria be endorsed, as proposed by the Region of Waterloo; and further, That the Region of Waterloo be requested to review the need for traffic control signals at the following locations based on the TAC warrants: · Fischer Hallman Road at Stoke Drive · Victoria Street at Stoke Drive/Oprington Drive · Victoria Street at Eastforest TrailNVestforest Trail · Victoria Street at Westforest Trail · Courtland Avenue at Siebert Avenue · Ottawa Street at David Bergey Drive · Ottawa Street at Old Chicopee Drive · Ottawa Street at Montcalm Drive" DTS-03-068 - HIGHLAND ROAD WEST WIDENING WESTMOUNT ROAD TO FISCHER-HALLMAN ROAD FOREST - ROCKWAY WARD AND WEST - VICTORIA PARK WARD The Committee was in receipt of Development & Technical Services Department report DTS-03- 068 dated April 23, 2003 dealing with timing of the Highland Road West widening from Westmount Road to Fischer-Hallman Road. It was noted in the report that the Region was undertaking a review of traffic operations on Highland Road between Westmount Road and Fischer-Hallman Road prior to the planned reconstruction and widening to 4 lanes scheduled for 2004. However, as part of the review, the question has been raised as to whether the widening could be delayed for a few years and only intersection and other minor improvements made to address existing operational problems. Councillor C. Weylie informed the Committee that the project team considering this matter would be meeting at the Region on April 29, 2003 and asked for the Committee's approval of the recommendation in the staff report in order that it could be presented to the project team. On motion by Mayor C. Zehr - it was resolved: "That the City of Kitchener strongly supports the widening of Highland Road West to four DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 28~ 2003 - 57 - CITY OF KITCHENER 7. DTS-03-068 - HIGHLAND ROAD WEST WIDENING WESTMOUNT ROAD TO FISCHER-HALLMAN ROAD FOREST - ROCKWAY WARD AND WEST - VICTORIA PARK WARD (CONT'D) lanes between Westmount Road and Fischer Hallman Road; and further, That the Region of Waterloo be requested to continue to plan for its reconstruction and widening in 2004." 8. DTS-03-065 - UPDATE RE: HERITAGE TAX REFUND PROGRAM The Committee was in receipt of Development and Technical Services Department report DTS- 03-065 dated April 11, 2003 prepared as information only in order to provide an update on the Heritage Tax Refund Program. It was noted in the report that the City's Economic Development Advisory Committee (EDAC) at its meeting held February 26, 2003 requested staff prepare an update on the program for discussion at the EDAC meeting of April 23, 2003. Accordingly staff chose to forward this update to members of City Council as well. 9. ADJOURNMENT On motion, the meeting adjourned at 8:19 p.m. L.W. Neil, AMCT Assistant City Clerk