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HomeMy WebLinkAboutCouncil Minutes - 1997-05-05 SCOUNCIL\1997-05-05-SPE MAY 5, 1997 SPECIAL COUNCIL MINUTES CITY OF KITCHENER A special meeting of Council was held at 10:50 a.m. this date, and Chaired by Mayor R. Christy, with all members present. Notice of this special meeting had previously been given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure of the Municipal Code. Prior to considering a resolution to authorize an in-camera meeting of City Council, Mr. G. Sosnoski advised of two additional items to be added to the in-camera agenda of this date, both relating to solicitor- client privilege. The first, involving legal advice with respect to a body rub parlour licence application and the second, legal advice with respect to the appeal process for restricted dog designations. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway "That an in-camera meeting of City Council be held immediately following this special meeting to consider five matters subject to solicitor-client privilege." Carried. The special Council meeting was then recessed at 10:50 a.m. and reconvened at 4:04 p.m. this date immediately following the Planning and Economic Development Committee meeting, with all members present except Mayor R. Christy. Councillor J. Ziegler, Acting Mayor, conducted the remainder of the special Council meeting. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of Council of this date be adopted." Carried. Moved by Councillor T. Galloway Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws for three readings this date: (a) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Hallman Rosedale Limited -Keewatin Avenue - No.96/40/K/PB (By-law No. 97-76) (b) To confirm all actions and proceedings of the Council (By-law No. 97-77) and that the same be taken as read a first, second and third times, numbered serially by the Clerk." be finally passed and Carried. Councillor J. Ziegler, Acting Mayor, advised Council members that an in-camera meeting regarding a personal matter that was previously held and recessed would continue and that the minutes of the in- camera meeting should be corrected to reflect that the meeting was recessed rather than adjourned. Members of Council supported Councillor Ziegler's interpretation and it was agreed that the in-camera meeting would continue after the May 5 Finance and Administration Committee meeting which was being reconvened at the conclusion of this special Council meeting. Subsequently, a further in-camera meeting did not take place this date. On motion, the meeting adjourned. MAYOR CLERK PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 1. A. That the "Grand River North Community Plan" be revised as follows: a) That Map "A" Land Use Plan, be revised to redesignate lands as indicated on the map attached, from Parks and Schools to Low Density Residential. b) That the Policy 3.5.5. be deleted. It is the opinion of this Committee that approval of this revision to the Community Plan is proper planning for the City. That Zone Change Application ZC 96/40/K/PB (Hallman Rosedale Ltd.) requesting a change in zoning from Neighbourhood Institutional (I-1), Public Park Zone (P-l), to Residential Four Zone (R-4), Open Space Zone (P-2), Public Park Zone (P-l), according to By-law 85-1 and from Park, Public Open Space (P), Semi-Restricted Residential (R2B) according to By-law 4830 to Open Space Zone (P-2) and Residential Four Zone (R-4) according to By-law 85-1, on Part of Blocks 231 and 232, Registered Plan 1829 and Lot 52, Blocks 60, 61,62, 63 and 69, Registered Plan 1829, be approved in the form shown in the attached Proposed By-law dated March 26 1997, subject to the Subdivision conditions contained in recommendation (C) below. That Subdivision Application 30T-96007 (Hallman Rosedale Ltd.) be recommended to the Regional Municipality of Waterloo for Draft Approval, subject to the following conditions: That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision, and the following special conditions shall be written therein. The Subdivider covenants and agrees: 51. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated, March 5, 1997, providing that minor amendments to said plan, acceptable to the General Manager of Planning and Development and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. Any changes affecting the numbering of lots or blocks shall require an amendment to this agreement to reflect such changes. 52. To submit a Lot Grading and Drainage Control Plan for the approval of the General Manager of Public Works, in consultation with the City's Department of Parks and Recreation, the Regional Municipality of Waterloo and the Grand River Conservation Authority prior to any grading or construction on site and prior to the release of this plan. 53. The Subdivider agrees that prior to any grading or construction on the site and prior to the City's release of this plan, to submit for the approval of the City's General Manager of Public Works, in consultation with the City's General Manager of Parks and Recreation, the Regional Municipality of Waterloo, and the Grand River Conservation Authority, a detailed engineering design for storm water management in accordance with the approved concept plan. Said engineering design shall be approved prior to the City's release of the Plan for registration and shall include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 54. That construction traffic to and from the proposed subdivision shall be restricted to Keewatin Avenue and Lackner Boulevard. The Subdivider agrees to advise all relevant contractors, builders, and other persons of this requirement with the Subdivider being responsible for any signage, where required, all to the satisfaction of the City's Director of Traffic and Parking Services. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 1. Cont'd 55. To convey to the City of Kitchener the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with registration of the subdivision plan: MAY 5, 1997 SPECIAL COUNCIL MINUTES - 252- CITY OF KITCHENER SPECIAL COUNCIL MINUTES MAY 5, 1997 - 252- CITY OF KITCHENER 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. REPORTS ADOPTED BY COUNCIL (a) Block 50, for park purposes; (b) Block 51, for storm water management purposes; (c) Block 49, for a community trail/emergency access. That the street name within the Plan of Subdivision shall be "Glencliffe Court" which shall be shown on the Registered Plan. To construct a 1.5 metre concrete sidewalk on both sides of Glencliffe Court to the satisfaction of the City's General Manager of Public Works. That no building permits shall be issued until Blocks 46, 47 and 48 have been consolidated with Lots 43,44 and 45, respectively. The Subdivider agrees to install permanent 1.2 metre high, page wire fencing or an alternate marking system to the satisfaction of the City's General Manager of Parks and Recreation along the property lines of Blocks 51 and 52 of this subdivision and Block 231, Registered Plan 1403 where such lot lines abut this subdivision. Further, the Subdivider agrees to include a statement advising of the fencing or marking system requirement in all Offers to Purchase and Agreements of Purchase and Sale for such Lots or Blocks. To design and construct an emergency access road on Block 49 and Block 111, Registered Plan 1718 to the satisfaction of the General Manager of Public Works prior to the issuance of any building permits. To submit for the approval of the General Manager of Parks and Recreation landscaping plans for Block 49 and Block 111, Registered Plan 1678, and to complete the landscaping as approved in the case of Block 111, concurrently with the construction of the emergency access on said Block and in the case of Block 49, immediately after completion of construction on Lots 19 and 20 to the satisfaction of the General Manager of Parks and Recreation. The Subdivider agrees to fill, compact and grade in both preliminary and finished form topsoil and seed/sod Block 50 to the satisfaction of the City's General Manager of Parks and Recreation, to be completed in conjunction with the timing of grading of surrounding residential development, not to exceed two (2) years from the registration of the Subdivision Plan or at an alternate time approved in writing by the City's General Manager of Parks and Recreation. The easement registered under Instrument Number 1279637 shall be quit claimed prior to the registration of the plan of subdivision at the subdivider's cost. That a plan showing driveway locations for all lots shall be approved by the City's Manager of Community Planning and Development Review in consultation with the General Manager of Public Works prior to the installation of services within the plan of subdivision. The Subdivider agrees that all zero side yard housing shall provide 1.5 metre wide easements for maintenance and an easement allowing a maximum encroachment of 0.3 metres for eaves. The Subdivider further agrees that the registration of such easements shall occur by way of Grants of Easement Agreement and a reference plan to be deposited at the time of the sale of either the lot granting the easement or the lot to be granted the easement. This condition shall be regarded as part of the Regional PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 1. (Cont'd) Municipality of Waterloo's approval of draft conditions and as such, consent applications SPECIAL COUNCIL MINUTES MAY 5, 1997 - 253- CITY OF KITCHENER SPECIAL COUNCIL MINUTES MAY 5, 1997 - 253- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL shall not be required for the establishment of such maintenance or eave encroachment easements. 66. The Subdivider agrees that no sewer or water service will be installed within 1.5 metres of the centre of a proposed submersible transformer vault or within 0.9 metres of a proposed electrical service stub and that no fire hydrant will be installed within 3.0 metres of a proposed street light pole or hydro pole. The Subdivider shall review the Commission's engineering drawings to coordinate the locations of these utilities and shall be responsible for insuring that these separations are maintained. 67. To obtain approval of plans/drawings from the City's Manager of Design, Heritage and Environment for a naturalized planting strip at the rear of lots 10 to 19 inclusive. Said planting strip is to be developed at the Subdivider's cost in accordance with the approved plans. Further, said planting strips shall be installed within the affected lots prior to the transfer of title of such lots to the first time occupants, or in the event of winter conditions shall be installed by June 1, immediately following such transfer of title. The Subdivider agrees to attach the approved planting plan to all Offers to Purchase and Sale of Lots in which the required planting strip has not been installed due to winter conditions. It is the opinion of this Committee that approval of the Zone Change and Subdivision Application is proper planning for the City and is in conformity with the City's Municipal Plan. That the implementing Zoning By-law for Zone Change Application 96/40/K/Pm (Hallman Rosedale Limited) not be sent to City Council until Subdivision Application 30T-96007 has received Regional Draft Approval whereupon the amending Zoning By-law shall be presented to Council for all three readings. Alternatively, three readings of the amending Zoning By-law may be given if the City Clerk is presented with a letter form the Regional Municipality of Waterloo advising that the Region has no objections to the passing of the By-law. That the lands within the proposed Plan of Subdivision be released from Instrument Number 1312873, being a subdivision Agreement between the City of Kitchener and Hallman Rosedale Limited, pertaining to the approval of the eleven lots fronting Westchester Drive, immediately upon registration of the new subdivision agreement required in C above. That the parcel of land described as Part of Block 231, Registered Plan 1403, to be designated Blocks 46, 47 and 48 at the rear of Lots 43, 44 and 45, Draft Plan of Subdivision 30T-96007, be declared surplus to the City's needs, and transferred to the abutting owner(s) in exchange for Block 50, Draft Plan of Subdivision 30T-96007 at no cost to the City and free and clear of any encumbrances.