HomeMy WebLinkAboutFCS-13-138 - 1011-1111 Homer Watson Blvd - Commercial DevStaff Report
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REPORT TO: Committee of the Whole
DATE OF MEETING: August 26, 2013
SUBMITTED BY: Steve Ross, Ext. 7266
PREPARED BY: Steve Ross, Ext. 7266
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: August 19, 2013
REPORT NO.: FCS -13 -138
SUBJECT: 1011/1111 Homer Watson Blvd — Commercial Development
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute an Agreement with 2242123 Ontario
Inc., 1473450 Ontario Limited and 1869071 Ontario Limited regarding a proposed
Commercial Development at 1011/1111 Homer Watson Blvd, substantively in the form
presented to an in camera meeting of Caucus on August 12, 2013, and to the
satisfaction of the City Solicitor;
That legal staff be directed to attend the Ontario Municipal Board on or before October
15, 2013, to request approval of the related Official Plan Amendment and Zoning By -law
Amendment, substantively in the form presented to an in camera meeting of Caucus on
August 12, 2013, and to the satisfaction of the City Solicitor;
EXECUTIVE SUMMARY:
N/A
REPORT:
The Agreement addresses all outstanding legal matters with the owners of 1011/1111 Homer
Watson Blvd including an Ontario Municipal Board appeal of council's refusal of an Official
Plan Amendment and Zoning By -law Amendment. Although no Plan of Subdivision is
currently before the OMB, the Agreement also addresses a few matters normally addressed at
the Plan of Subdivision stage, including parkland contribution and general layout of streets,
Blocks and a storm water management pond. The related Official Plan Amendment and
Zoning By -law Amendments will be presented to the Ontario Municipal Board for approval at a
public hearing currently scheduled for October 15, 2013. The developer and the City will
jointly lead evidence in support of the settlement.
As this is a matter of ongoing litigation, the Agreement shall remain confidential.
Execution of the final form of Agreement will be subject to the City Solicitor being satisfied in
all matters and in the final form of the Agreement.
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FINANCIAL IMPLICATIONS:
Not applicable
COMMUNICATIONS:
The City will request and support approval of the Zoning By -law Amendment and Official Plan
Amendment at a public hearing of the Ontario Municipal Board currently scheduled for October
15, 2013 at Kitchener City Hall.
CONCLUSION:
Staff recommends that Council enter into the Agreement substantively in accordance with the
Agreement presented to Council on August 12, 2013, as it represents a comprehensive
solution to long term corporate goals and land use planning goals.
ACKNOWLEDGED BY: Dan Chapman, Deputy CAO
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