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HomeMy WebLinkAboutPlng & Econ Dev - 1992-05-25P E D\1992 -05 -25 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES MAY 25, 1992 The Planning and Economic Development Committee met this date commencing at 3:00 p.m. under the Chairmanship of Alderman J. Ziegler with the following members present: Mayor D.V. Cardillo and Aldermen B. Stortz, M. Wagner, M. Yantzi, J. Smola, G. Leadston, C. Zehr, T. Galloway, G. Lorentz and C. Weylie. Officials Present: Mr. T. McKay, Mr. S. Klapman, Mr. B. Stanley, Mr. T. McCabe, Ms. V. Gibaut, Mr. J. Wallace, Mr. F. Graham, Mr. L. Bensason, Mr. J. Witmer, Mr. T. Clancy, Ms. J. Given, Mr. B. Liddle, Mr. L. Proulx and Mr. L.W. Neil. 1.MINUTES Moved by Alderman G.L. Leadston Seconded by Alderman C. Weylie That the minutes of the regular meeting of the Planning and Economic Development Committee held May 11, 1992, as mailed to the members, be accepted. Carried 2. CORRESPONDENCE Nil. 3.HURON BUSINESS PARK - SHOEMAKER BERMING. The Committee was in receipt of a memorandum from Ms. V. Gibaut discussing encroachments into the berm located at the rear of properties fronting on Shoemaker Street in Huron Business Park. It was indicated that the Economic Development Department had concerns that such actions might affect the stability of the slope of the berm and that there was a need to accommodate the expansion requirements of these local businesses. The Department is in favor of addressing these problems so as to benefit the affected businesses. Ms. Gibaut advised that she had nothing further to add to the recommendation other than request that Clause #2 be revised so as to add the words "to a maximum 4.57 meters from Bleams Road" after the word berm so as to ensure compliance with the Zoning By-law. No delegations were registered respecting this matter. Moved by Alderman M. Yantzi Seconded by Mayor D.V. Cardillo 1.That the owners of Sites 50 to 56 in the Huron Business Park be notified that they are responsible for the maintenance of the existing berm and ground cover as stated in the Offer to Purchase. 2.That in accordance with the provisions of the Section 40 Development Agreement, the owners be permitted to encroach into the berm to a maximum 4.57 metres from Bleams Road if they so desire by constructing an approved retaining wall subject to written approval from the Commissioner of Planning and Development. 3.That BLM Distribution Systems be permitted to construct a retaining wall that is submitted by a certified structural engineer acceptable to the Chief Building Official. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, June 1, 1992. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 172 - MAY 25, 1992 4. DOWNTOWN INTERIOR ASSISTANCE PROGRAM The Committee considered a memorandum from Ms. V. Gibaut which commented on the success of the Facade Loan Improvement Program and proposed that it be expanded so as to provide for an Interior Assistance Program to applicants throughout the Kitchener Downtown Community Improvement Project Area. In this regard, Ms. Gibaut distributed a summary of the Facade Improvement Loan Program as utilized to date, a summary of Cash Flow and of Revenues & Expenditures. In response to a question from Alderman T. Galloway, Mr. T. McKay advised that the upset limit of the program would be the amount in the reserve. Alderman B. Stortz pointed out that the fund to this date has been under utilized and that this initiative was an attempt to put the designated funds to work. Moved by Alderman B. Stortz Seconded by Alderman M. Wagner That the Facade Loan Improvement Program be enlarged to provide for loans up to a maximum amount of $7,500 per application, with a 30% forgivable portion, to cover improvements to the interiors of buildings located within the Downtown Core Area. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, June 1, 1992. 5.PD 44/92 - HOMER WATSON BOULEVARD AND BLOCK LINE ROAD - EXTENSION REQUEST - FULFILLMENT OF OUTSTANDING CONDITIONS - ZONE CHANGE APPLICATION 89Ill/H/KC (DGMS DEVELOPMENTS LTD.) (FAIRVIEW WARD). The Committee was advised that the applicant has requested a further extension of the deadline to fulfill requirements to a suggested date of May 31, 1993 in regard to Zone Change Application 89/11/H/KC of DGMS Developments Ltd. Mr. T. McCabe indicated that he had nothing further to add to the report. Mr. Paul Wagner, P.J.W. Enterprises Inc., 103 Wren Place, appeared as a delegation on behalf of DGMS Developments and advised that he was in substantial agreement with the recommendation. However, he did question Part Lots 3 & 14 of Plan 58R-7081 which were located in the middle block of the development and noted that an extension of the deadline was not necessary in respect to these lands since they have satisfied all conditions and now request third reading of the By-law as its relates to Parts 3 & 14 only. Mr. T. McCabe commented on this and indicated that staff had no objection and that he understood the City Clerks Department was taking the necessary action to provide for third reading. Notwithstanding this, Mr. McCabe requested that the staff recommendation contained in the report remain unchanged. Moved by Alderman C. Zehr Seconded by Alderman M. Wagner THAT Kitchener City Council approve a resolution to extend the deadline to fulfill the conditions imposed by Council's resolution of October 9, 1990 and as extended by Council's resolution of May 13, 1991 concerning Zone Change Application ZC 89Ill/H/KC (DGMS Developments Limited - Block Line Road and Homer Watson Boulevard) with respect to Part Lots 1,2, 3, 14 and 15, Plan 58R-7081, to May 9, 1993. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, June 1, 1992. In addition, it was requested that arrangements be made to provide for third reading of the Zoning By-law as its relates to Part Lots 3 & 14, Plan 58R-7081. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 173 - MAY 25, 1992 6.PD 48~92 - 809 WELLINGTON STREET NORTH - REQUEST FOR DIRECTION RE PROCESSING - OFFICIAL PLAN AMENDMENT APPLICATION 92/6 - ZONE CHANGE APPLICATION 92/21/W/LB (ELECTROHOME LIMITED) (BRIDGEPORT NORTH WARD). The Committee considered Staff Report PD 48/92 dated May 13, 1992 which recommended that an application for Official Plan Amendment and Zone Change submitted by Electrohome Limited with respect to property known municipally as 809 Wellington Street North be accepted for processing but that the preliminary circulation not be waived. The proposal involves development of a Professional Office Business Park on a 2.75 hectare (6.8 acre) parcel of land located at the southwest corner of Wellington Street and the Conestoga Parkway. The Committee was advised that staff had nothing further to add to the report under consideration. Mr. P. Dietrich, appeared before the Committee in his capacity as a Director of Northport Landing Inc. which is the proposed purchaser. He indicated that he was partly in favor of the staff recommendation and pointed out that the proposal was to develop three buildings facing the highway and that it was desired to have necessary approvals by the end of 1992. Accordingly, he asked that the Committee waive the requirement for preliminary circulation and that he would undertake to assist staff in quickly obtaining comments from the seven property owners that would be subject to a circulation. He pointed out that if the project was delayed, there was a possibility that prospective tenants could be lost. Mr. T. McCabe commented that the circulation period required a maximum 30 days for the Official Plan and 21 for the Zone Change and noted that the City must still undertake to obtain comments from other municipal departments and agencies and thus the applications could not be accellerated in any event. Mr. P. Dietrich indicated concern that staff had in their report suggested that processing of these joint applications according to Municipal and Regional procedures would take approximately one year and that he objected to a one year time frame. No other delegations were registered respecting this matter. Moved by Alderman J. Smola Seconded by Alderman M. Wagner That Official Plan Amendment Application 92/6 and Zone Change Application 92/21AN/LB (Electrohome Limited - 809 Wellington Street North) be accepted for processing, with the clear understanding that processing in no way implies acceptance or rejection of these applications. And further, that preliminary circulation not be waived with respect to these applications. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, June 1, 1992. 7.PD 45~92 - SUMMARY OF DELEGATED APPROVALS BY COMMISSIONER OF PLANNING AND DEVELOPMENT - PLANS OF SUBDIVISION AND PLANS OF CONDOMINIUMS. The Committee was in receipt of Staff Report PD 45/92 dated May 12, 1992 and was advised that in accordance with Council's August 19, 1991 resolution relative to the delegation of approval authority for Plans of Subdivision and Plans of Condominium to the Region, a summary of all approvals granted in 1991 and for the first quarter of 1992 was provided as information. Alderman J. Ziegler, Chairman, advised that he had just noticed reference in the report to an approval granted with regard to Heffner/Zimmerman at 313 King Street East and advised that he wished to disclose a conflict of interest and abstain as he has an interest in property close to this property. He then vacated the Chair which was assumed by Alderman C. Weylie, Vice Chairman. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 174 - MAY 25, 1992 7.PD 45~92 - SUMMARY OF DELEGATED APPROVALS BY COMMISSIONER OF PLANNING AND DEVELOPMENT - PLANS OF SUBDIVISION AND PLANS OF CONDOMINIUMS. (CONT'D). Mr. T. McCabe advised the Committee that Council's original resolution requesting that it be provided with a summary of approvals had asked for such information on a quarterly basis and Mr. McCabe asked that the Committee consider altering the resolution so as to provide for an annual reporting procedure. Moved by Alderman G. Lorentz Seconded by Alderman B. Stortz That PD 45/92, summary of Approvals granted through Delegation of Approval Authority by Council to the Commissioner of Planning and Development for Plans of Subdivision and Plans of Condominiums, be received for information. And further, that Council's August 19, 1992 resolution relative to this delegated Approval Authority be amended to provide that the Commissioner shall report to Council "annually" rather than "quarterly". Carried Alderman J. Ziegler previously disclosed a conflict of interest and abstained from all discussion and voting as he has an interest in property close to the property known as 313 King Street East. Alderman C. Weylie, Vice Chairman, advised that this recommendation would be considered by City Council at its meeting to be held on Monday, June 1, 1992. Alderman C. Weylie then vacated the Chair in favor of Alderman J. Ziegler, Chairman. 8.PD 46~92 - LACKNER BOULEVARD AND FAIRWAY ROAD NORTH - REVISIONS TO DRAFT APPROVAL OF PLAN OF SUBDIVISION 30T-86028 (I.C.I. REALTY LTD.) (CHICOPEE WARD). The Committee was in receipt of Staff Report PD 46/92 dated May 14, 1992 which proposed revisions to Draft Approval of Plan of Subdivision 30T-86028 of I.C.I. Realty Ltd. which is located in the area of Lackner Boulevard and Fairway Road. It was noted in the report that at the time of the original drafting of subdivision conditions it was thought that the construction timing for Lackner Boulevard and Fairway Road would be such that Fairway Road would be constructed first, from east to west, followed by Lackner Boulevard. However, it has become apparent that Lackner Boulevard should be the first of the two roads to be completed. Ms. J. Given advised that the revisions came about as a result of conclusions by a study team of the Region and that they would provide for both property access to Lackner Woods during construction and enable the developer to obtain building permits during this construction season. Mr. B. Clarkson, appeared as a delegation on behalf of I.C.I. Realty and indicated that his client was in an agreement with the revisions that had been recommended in the staff report. No other delegations were registered respecting this matter. Moved by Alderman G. Lorentz Seconded by Alderman C. Zehr That Council recommend to the Regional Municipality of Waterloo that the conditions of Draft Plan approval for Plan of Subdivision 30T-86028, I.C.I. Realty Ltd., be revised as follows: a)That Condition 59 be revised so as to read as follows: That the Subdivider acknowledge that the development of the subject lands may proceed only in conjunction with or following the construction of new Fairway Road from its present terminus to Lackner Boulevard, and Lackner Boulevard from Oldfield Drive PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 175 - MAY 25, 1992 8.PD 46/92 - LACKNER BOULEVARD AND FAIRWAY ROAD NORTH - REVISIONS TO DRAFT APPROVAL OF PLAN OF SUBDIVISION 30T-86028 (I.C.I. REALTY LTD.) (CHICOPEE WARD). (CONT'D) to Fairway Road. In this regard, prior to the issuance of any building permits for any lands within this Plan, Lackner Boulevard shall be constructed from Oldfield Drive to Fairway Road and open to public vehicular traffic to the satisfaction of the City's Commissioner of Public Works. In addition, prior to the issuance of any building permits for lands west of the future school site in Stage I of this Plan, Fairway Road shall also be constructed from Lackner Boulevard to Street Seven and paved to the satisfaction of the Commissioner of Public Works. Prior to the issuance of building permits for lands in Stage 2, Fairway Road shall be constructed to Street Three and paved tot he satisfaction of Public Works. b) That Condition 66 d) be revised so as to read as follows: "66 d) That at such time as Street Seven and Fairway Road between Lackner Boulevard and Street Seven are open to public vehicular traffic, and Old Chicopee Drive is upgraded in accordance with c) above, and open to public traffic, to the satisfaction of the City's Commissioner of Public Works and Director of Traffic, that the section of Old Chicopee Drive between the present alignment of Fairway Road North and Street Seven, save and except for that section of the future alignment of Fairway Road, and that section of Woolner Drive between Old Chicopee Drive and Street Six shall be closed and conveyed to abutting landowners at market value. All costs associated with the closure of Old Chicopee Drive shall be borne by this Subdivider and that of plan 30T-89017, and the closure of Woolner Drive shall be at no cost to the City or this Subdivider. c) That Condition 66 g) be revised so as to read as follows: "66 g) To remove the temporary access road over that portion of Block 133, Registered Plan 1647 between Fairway Road and existing Woolner Drive at such time as Lackner Boulevard is open to public vehicular traffic from Oldfield Drive to Fairway Road, all to the satisfaction of the City's Department of Public Works." It is the opinion of this Committee that the approval of these revisions is proper planning for the City. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, June 1, 1992. PD 49/92 - ZONE CHANGE APPLICATION 92/16/K/PMC (GOLDEN TRIANGLE OILS LTD.) - 6 PROPERTIES (VARIOUS WARDS). Alderman J. Ziegler, Chairman, disclosed a conflict of interest and abstained from discussion as he has an interest in property on King Street East near to the property listed in the report as 3160 King Street East. He then vacated the Chair which was assumed by Alderman C. Weylie, Vice Chairman. The Committee then considered Staff Report PD 49/92 dated May 20, 1992 as its relates to the following municipal properties: - 808 Courtland Avenue East. - Northeast corner Riverview Place and Wellington Street North (Lot 31, Registered Plan 1677). - 350 Westmount Road. - 3160 King Street East. - 1440-1446 King Street East. - 340 Kingswood Drive. PLANNING AND ECONOMIC - 176 - MAY 25, 1992 DEVELOPMENT COMMITTEE MINUTES PD 49/92 - ZONE CHANGE APPLICATION 92/16/K/PMC (GOLDEN TRIANGLE OILS LTD.) - 6 PROPERTIES (VARIOUS WARDS). (CONT'D) In this regard, the Committee considered a Proposed By-law dated May 20, 1992 that was attached to the report in which it was pointed out that the purpose of the Zoning By-law was to remove the Holding Symbols and Holding Provisions affecting these six properties as related to adequate water supply under By-law 85-1. The uses that would be permitted as a result of removal of the Holdings Symbol were itemized in the report. Mr. T. McCabe advised the Committee that staff had nothing further to add to the report and pointed out that a notice was given and that the recommendation once approved was non appealable. Alderman B. Stortz questioned how many other properties were affected by the Holding Provision and Mr. McCabe advised that there were none. No delegations responded to the Vice Chairman's invitation to address the Committee on this matter. Moved by Alderman G.L. Leadston Seconded by Alderman B. Stortz That Zone Change Application 92/16/K/PMc (Golden Triangle Oils Ltd.) requesting a Zone Change to remove the Holding Symbol and Holding Provisions related to water supply under Appendix "G" of By-law 85-1 on lands legally described as Part of Lot 11, Registered Plan 791 (808 Courtland Avenue East), Block 31, Registered Plan 1677 (Northeast corner of Riverview Place and Wellington Street North), Part Lot 7, Registered Plan 1268 and Part Lot 2, Registered Plan 793, more particularly described as Parts 1 and 2 on Plan 58R-4532 (350 Westmount Road), Part of Lot 6, Registered Plan 986 (3160 King Street East), Lot 68 and Part of Lots 56 and 57, Registered Plan 657 and Part of Lot 16, Municipal Compiled Plan of Part of Lot 1, German Company Tract, more particularly described as Part 4, Plan 58R-4491 (1440-1446 King Street East), Block E, Registered Plan 1335 (340 Kingswood Drive), be approved in the form shown in the attached "Proposed By-law" dated May 20, 1992, without conditions. It is the opinion of this Committee that the approval of this application is proper planning for the City. Carried Alderman J. Ziegler previously disclosed a conflict of interest and abstained from all discussion and voting as he has an interest in property adjacent to the property known as 3160 King Street East. Alderman C. Weylie, Vice Chairman, advised that this recommendation would be considered by City Council at its meeting to be held on Monday, June 1, 1992. Alderman C. Weylie then vacated the Chair which was again re-assumed by Alderman J. Ziegler, Chairman. 10. PD 4/92 - WESTMOUNT ROAD AND BLOCK LINE ROAD - REVISION TO COUNTRY HILLS WEST COMMUNITY PLAN ZONE CHANGE APPLICATION 88/73/VV/ZJ - SUBDIVISION APPLICATION 30T-88054 (MINISTRY OF GOVERNMENT SERVICES) (SOUTH WARD). The Committee was advised that the Department of Planning and Development was in receipt of a Zone Change and Subdivision Application and a related revision to the Country Hills West Community Plan. The lands which are the subject of the change comprise 30.36 hectares (75.02 acres) of undeveloped land located and fronting onto the south side of Block Line Road and the east side of Westmount Road in the Country Hills West Community. The proposed zoning change is from Agricultural (A) according to Township of Waterloo By-law 878A to Restricted Residential (R2A), Semi-Restricted Residential (R2B), Semi-Restricted Residential (R2B) with special regulations, Semi-Restricted Residential (R2C) with special regulations and Park, Public Open Space (P) according to By-law 4830. In this regard, the Committee considered Staff Report PD 4/92 dated May PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 177 - MAY 25, 1992 10. PD 4/92 - WESTMOUNT ROAD AND BLOCK LINE ROAD - REVISION TO COUNTRY HILLS WEST COMMUNITY PLAN ZONE CHANGE APPLICATION 88/73/W/ZJ - SUBDIVISION APPLICATION 30T-88054 (MINISTRY OF GOVERNMENT SERVICES) (SOUTH WARD). (CONT'D) 4, 1992 and the Proposed By-law dated April 24, 1992 attached to the report. It was noted in the report that the Subdivider proposes to rezone the 30.36 hectare parcel and create a subdivision consisting of 221 single detached units, 80 semi-detached units, 3 blocks of townhousing, and a neighbourhood park. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. T. McCabe advised that he wished to recommend a revision to the subdivision that would reduce the required street right-of-way from 18 metres to 16 metres with respect to Streets A, B, D and E. He indicated that these changes were then impact Condition 54 which deals with installation of concrete sidewalks and as a result of the reduction in the right-of-way would result in the deletion of a sidewalk requirement along Streets, A, B, D and E (both sides). But a sidewalk would be required along the outer side of Street E connecting to walkway Block 131 (Stage 2). Accordingly, Condition 54 (a) and (b) should be revised to reflect these changes. Mr. Andrew Alic, appeared as a delegation on behalf of the Ministry of Government Services and indicated that he was in full agreement with the staff report and the revisions recommended by staff as a result of the Ministry request for a 16 metre right-of-way. Alderman T. Galloway raised a concern with regard to Condition 60 which refers to a possible requirement that noise attenuation barriers be installed. He commented that this was the only undeveloped portion of Block Line Road and questioned if the same condition was a requirement of previously registered plans of subdivision and was advised that it was not. He expressed a concern regarding how the neighbourhood would react to the erection of a noise barrier over such a short distance and if it might result in the residents requesting a similar installation across the rear of their lands. Mr. T. McCabe suggested that a letter be written to the Region expressing a concern relative to this matter. Alderman T. Galloway indicated that he was in favor of deleting the requirement. Mr. Alic advised that the Subdivider was required to undertake the noise study and that on the basis of results of the study could be required to install noise attenuation barriers. A motion by Alderman T. Galloway to revise the staff recommendation so as to delete the last sentence of Condition 60 dealing with noise attenuation barriers and make any necessary amendments to Section 49 of the Standard Residential Subdivision Agreement was voted on and lost. The recommendations in the staff report and the revisions requested by Mr. T. McCabe relating to Condition 54 (a) and (b) and re-dating of the Plan of Subdivision map referred to in Condition 50 were agreed to. The recommendations as revised were then considered. Moved by Alderman C. Zehr Seconded by Alderman G. Lorentz (A) That PD 76/85 - Country Hills West Community Plan, be revised as follows: That Map 1 "Land Use - Country Hills West Community Plan" be amended to change the land use designations of three blocks of land from "Neighbourhood Institutional" and "Low Density Residential" to "Multiple Residential (40 uph)" and from "Neighbourhood Institutional" to "Parks", as shown on Map 1 attached. It is the opinion of this Committee that the approval of this revision to the Community Plan is proper planning for the City. (B) That Zone Change Application 88/73/W/ZJ (Ministry of Government Services) requesting a change in zoning from Agricultural (A) according to Township of Waterloo By-law 878A to Restricted PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 178 - MAY 25, 1992 10. PD 4/92 - WESTMOUNT ROAD AND BLOCK LINE ROAD - REVISION TO COUNTRY HILLS WEST COMMUNITY PLAN ZONE CHANGE APPLICATION 88/73NV/ZJ - SUBDIVISION APPLICATION 30T-88054 (MINISTRY OF GOVERNMENT SERVICES) (SOUTH WARD). (CONT'D) Residential (R2A), Semi-Restricted Residential (R2B), Semi-Restricted Residential (R2B) with special regulations, Semi-Restricted Residential (R2C) with special regulations and Park, Public Open Space (P) according to By-law 4830 on part of Lot 4, Registrar's Compiled Plan 1483, in the form shown in the "Proposed By-law" attached dated April 24, 1992, be approved, subject to the Subdivision Agreement conditions contained herein in (C) below. (c) That Subdivision Application 30T-88054 (Ministry of Government Services) 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 that the following special conditions shall be written therein. The Subdivider covenants and agrees: 50. That the final plans for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated 92 05 25, providing that minor changes to said plan, acceptable to the Commissioner of Planning and Development and not affecting the numbering of lots or blocks, may be permitted without amendment to this agreement. 51. That the Plan of Subdivision shall be registered in two stages, as shown on the Plan of Subdivision attached hereto, and in accordance with the following: (a) Stage 1 shall be registered first. (b) Stage 2 shall be registered immediately consecutive with the registration of Stage 1 or subsequent to. (c) Stage 2 may be serviced and developed in two phases as shown on the attached Plan of Subdivision. 52. To submit a Lot Grading and Drainage Control Plan for the approval of the City's Commissioner of Public Works, in consultation with the Department of Parks and Recreation, the Grand River Conservation Authority and the Regional Municipality of Waterloo, prior to any registration of the Plan of Subdivision. 53. To submit for the approval of the City's Commissioner of Public Works in consultation with the Department of Parks and Recreation, and Grand River Conservation Authority a detailed engineering design for storm water management within Block 132 of Stage 1 in accordance with the approved concept plan and Strasburg Creek Master Watershed Plan. Said engineering design shall include provision for any required erosion and siltation control features to be installed both during and after grading and construction stages. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 54. To construct 1.5 metre wide concrete sidewalks along the following streets to the satisfaction of the City's Department of Public Works: (a) along both sides of Erinbrook Drive, Rittenhouse Road, Street C. (b) along the outer side of Tara Crescent connecting to walkway Block 133 (Stage 1) and along the outer side of Street E connecting to walkway Block 131 (Stage 2). (c) along the east side of Westmount Road from Street C southerly to the commencement of the proposed Westmount Road realignment. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 179 - MAY 25, 1992 10. PD 4/92 - WESTMOUNT ROAD AND BLOCK LINE ROAD - REVISION TO COUNTRY HILLS WEST COMMUNITY PLAN ZONE CHANGE APPLICATION 88/73/W/ZJ - SUBDIVISION APPLICATION 30T-88054 (MINISTRY OF GOVERNMENT SERVICES) (SOUTH WARD). (CONT'D) 55. That the street names within the Plan of Subdivision shall be approved by City Council prior to any registration of the Plan of Subdivision. 56. To convey to the City of Kitchener at no cost and free of encumbrance concurrently with: i) the registration of the Stage 1 of the Subdivision Plan: (a) Block 132 for neighbourhood park and storm water management purposes. (b) Blocks 134, 135 and 136 for 0.3 metre reserves. Should the Subdivider decide to register Stages 1 and 2 immediately consecutive with each other, then the conveyance of the 0.3 metre reserves shall not be necessary. (c) Block 137 for 0.3 metre reserve purposes. The conveyance of Block 137 is intended to allow for the consolidation of the proposed closure of the entire realigned portion of Westmount Road with the abutting parcel to the west for the future development of a multiple residential block. ii) the registration of Stage 2 of the Subdivision Plan: (a) Block 130 for open space/trail link purposes. (b) Blocks 132, 133 and 134 for 0.3 metre reserves. 57. To dedicate by plan registration Block 133 (Stage 1) and Block 131 (Stage 2) for public walkway purposes. 58. That construction traffic to and from the proposed Stage 1 Subdivision shall be restricted to Rockwood Road to Westmount Road and for the entire Stage 2 area shall be restricted to Street C to Westmount Road. All construction traffic shall be prohibited from using other internal residential streets in the community. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement with the Subdivider being responsible for any signage where required, all to the satisfaction of the Director of Traffic and Parking Services. 59. To install a 1.8 metre high chain link along the rear of all lots and blocks abutting Block Line Road and Westmount Road all to the satisfaction of the City's Department of Public Works and, in the case of Westmount Road, to the satisfaction of the Regional Municipality of Waterloo. 60. To provide a planting strip having a minimum width of 4.6 metres along the rear of all lots abutting Westmount Road and Block Line Road. Said planting strip is to be developed at the Subdivider's cost in accordance with the plans/drawings approved by the City's Director of Development prior to the issuance of any building permit for any such lots. Further, said planting strip 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 1st, immediately following such transfer of title. The Subdivider agrees to attach the approved planting plan to all Offers to Purchase and Agreements of Purchase and Sale of Lots in which the required planting strip has not been installed due to winter conditions. Further, if physical noise attenuation barriers are required in accordance with Section 49 hereof, installation of said barriers shall substitute for the planting strip requirement and the fencing requirement of Section 59. 61. Subsequent to the registrations of the Plan of Subdivisions and following the completions of the related public roads to the Department of Public Works satisfaction, the City Solicitor shall arrange for the passage of a By-law by Council opening Part of PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 180 - MAY 25, 1992 10. PD 4/92 - WESTMOUNT ROAD AND BLOCK LINE ROAD - REVISION TO COUNTRY HILLS WEST COMMUNITY PLAN ZONE CHANGE APPLICATION 88/73/VV/ZJ - SUBDIVISION APPLICATION 30T-88054 (MINISTRY OF GOVERNMENT SERVICES) (SOUTH WARD). (CONT'D) Blocks 'X' and 'Y', Registered Plan 1441 and Blocks 140 and 141 of Registered Plan 1730 as "Public Highway". Prior to any registration of the Plan of Subdivision, the Subdivider shall prepare a reference plan which shall be deposited with the Registry Office depicting the parts of Blocks "X" and "Y", R.P. 1441 that are to be opened by By-law for public road purposes. 62. To fill, compact and grade in both preliminary and finished form, topsoil and seed/sod Block 132 (Stage 1) and Block 130 (Stage 2) to the satisfaction of the Department of Parks and Recreation with said work to be completed in conjunction with the timing of grading of surrounding residential development, and not to exceed two years from the registration of Stage 1 of the subdivision plan or at an alternate time approved in writing by the Department of Parks and Recreation. 63. That the conveyance of Block 132 (Stage 1) having an area of 6.986 hectares in which 2.2724 hectares is attributed for storm water management purposes and in which, the balance, 4.7136 hectares attributed for 5% park dedication purposes, satisfies the park dedication requirement under the Planning Act. The calculation of park dedication includes .565 hectares deferred in Registered Plan 1588, .661 hectares deferred in Registered Plan 1648, .683 hectares deferred in Registered Plan 1730, .1832 hectares deferred in the severance of Winston Hall Nursing Home lands under Submission B83/87 and 1.528 hectares from this plan of subdivision for a total park dedication requirement of 3.6202 hectares. 64. That in the event Stage 2 is not registered immediately consecutive to Stage 1, 0.3 metre Reserves, Blocks 135 and 136 (Stage 1) shall be opened by By-law as public highway following the registration of Stage 2 and the completion of the related public roads to the satisfaction of the Department of Public Works. (c) That the implementing Zoning By-law for Zone Change Application 88/73/VV/ZJ (Ministry of Government Services) will not be presented to City Council until Subdivision Application 30%88054 has received Regional Draft Approval whereupon the amending zoning by-law shall be presented to City Council for all three readings. Alternatively, three readings of the amending zoning by-law may be given if the City Clerk is presented with the letter from the Regional Municipality of Waterloo advising that the Region has no objection to the passing of the zoning by-law in the form shown in Staff Report PD 4/92. (D) That the City Solicitor release the auxiliary agreements registered on title pertaining to the deferral of the 5% park dedication to a subsequent registration for agreements registered under Instrument No. 832083, 884426 and 965056 with said release to take place after registration of Stage 1 of the subdivision plan. It is the opinion of this Committee that the approval of these zone change and subdivision applications is proper planning for the City and is in conformity with the City's Approved Official Plan. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, June 1, 1992. 11. STAFF PRESENTATION, DELEGATION SUBMISSIONS AND DISCUSSION RE PD 31/92 - ZCA 89133101JG (OLD CHICOPEE ESTATES LTD.) PD 32/92 - ZCA 89134101JG (KITCHENER CHICOPEE PROPERTIES LTD.) Staff presentation, delegation submissions and discussion respecting Planning and Development Staff Reports PD 31/92 and PD 32/92 is recorded hereunder. Recommendations of the Committee relative to these matters will follow discussion under individual title within these minutes. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 181 - MAY 25, 1992 11. STAFF PRESENTATION, DELEGATION SUBMISSIONS AND DISCUSSION RE PD 31/92 - ZCA 89133101JG (OLD CHICOPEE ESTATES LTD.) PD 32/92 - ZCA 89134101JG (KITCHENER CHICOPEE PROPERTIES LTD.) (CONT'D) The Committee was in receipt of a report regarding Subdivision Application and Zone Change Application submitted by Old Chicopee Estates Ltd. with regard to a block of land extending easterly from the intersection of Old Chicopee Drive and Daimler Drive. The proposed zoning change is from Township Agricultural (Twp. A.) according to By-law 878-A to Restricted Residential (R2A), Restricted Residential (R2A) with special regulations, Restricted Residential (R2A) with special regulation provisions, Semi-Restricted Residential (R2C) with special regulations, Semi-Restricted Residential (R2B) with special uses and special regulations, and Park, Public Open Space (P), all according to By-law 4830. In this regard, the Committee considered Staff Report PD 31/92 dated May 11, 1992 and the Proposed By-law dated April 28, 1992 attached to the report. It was noted in the report that the applicant proposes to subdivide 25 hectares of land to allow the development of 185 single detached dwellings and one townhouse block accommodating approximately 33 dwelling units. The plan also dedicates part of a woodlot for passive open space purposes. Aisc commented on in the report were main issues relative to land use planning that involved concerns relative to the Idlewood Creek Master Drainage Study, wetlands and woodlot, the transportation network and in particular a request that the extension of Daimler Drive across the Idlewood Creek not take place and a request by the School Boards for a pedestrian walk link that would be hard surfaced to provide year round trail access across Idlewood Creek to facilitate access to School Board sites. The Committee was also advised that the Department of Planning and Development was in receipt of Subdivision Application and Zone Change Application submitted by Kitchener Chicopee Properties Ltd. with regard to a parcel of lands located east of Old Chicopee Drive and south of Subdivision 30T-89011 of Old Chicopee Estates Ltd. and extending southerly almost to the proposed realignment of Fairway Road. The proposed zoning change is from Township Agricultural (Twp. A.) according to By-law 878-A to Restricted Residential (R2A), Semi-Restricted Residential (R2C) with special regulations, Semi-Restricted Residential (R2B) with special uses and special regulations, Semi-Restricted Residential (R2B) with special uses and special regulation provisions, and Park, Public Open Space (P), all according to By-law 4830. In this regard, the Committee considered Staff Report PD 32/92 dated May 11, 1992 and the Proposed By-law dated April 27, 1992 attached to the report. It was noted in the report that the applicant proposes to subdivide approximately 10 hectares of land to allow the development of 70 single detached dwellings and two townhouse blocks accommodating 63 dwelling units. The plan also dedicates a red maple swamp for preservation and passive open space purposes. It was pointed out that notice that the Committee would hold a public meeting this date to consider these matters had previously been given. Ms. J. Given advised the Committee that these two proposed subdivisions represent the remaining lands to be developed in the Grand River South Community and she proceeded to illustrate the subject area of each subdivision. Ms. Given noted that the two plans had been processed together and have changed significantly since a proposed development was first circulated a few years ago and pointed out that the number of lots that was originally proposed has been reduced significantly. Ms. Given requested that the Committee consider the following revisions to Staff Report PD 32/92. Firstly, that page 2 of the Proposed By-law dated April 27, 1992 be revised so as to add a clause with regard to building lines in accordance with Section 7.14. Secondly, that Condition 58 be revised so as to change the reference to Street Three to Street One in Plan of Subdivision 30T- 86028. Thirdly, she requested that a new Condition to be numbered 74 be added to State: That all costs associated with the closure of Old Chicopee Drive between the present alignment of Fairway Road and the future alignment of Fairway Road shall be born by this subdivider and that of Plan 30T-86028, and at PLANNING AND ECONOMIC - 182 - MAY 25, 1992 DEVELOPMENT COMMITTEE MINUTES 11. STAFF PRESENTATION, DELEGATION SUBMISSIONS AND DISCUSSION RE PD 31/92 - ZCA 89133101JG (OLD CHICOPEE ESTATES LTD.) PD 32/92 - ZCA 89/34/O/JG (KITCHENER CHICOPEE PROPERTIES LTD.) (CONT'D) no cost to the City.She indicated that she had advised the applicant's consultant of these requested changes. Ms. Given then referred to concerns expressed by Mr. & Mrs. Arndt and Mr. & Mrs. Zeffer with regard to the width of Lots 62 & 63 and Block 72. She stated that they had requested the lots be a minimum 15 1/2 metres in width and pointed out that the narrowest was 16 metres. She also stated that they had concern with respect to the size of the lots on Streets C, D and E and noted that they were 9.1 metre single family lots and that this proposal was not contrary to the Community Plan. She stated that a concern of Mr. & Mrs. Arndt was the location of multiple blocks but that the Department feels the location is appropriate. Mayor D.V. Cardillo referred to Staff Report PD 32/92 and the question of the scenic features of Old Chicopee Road. Ms. Given stated that the road has not been designated and Alderman C. Zehr commented that if development was to proceed the question to be answered was what features of the road could be preserved given all aspects of development. Mr. D. Snow commented on the review that had taken place with regard to Old Chicopee Road and Ms. Given advised that a regenerative planting scheme is required to replace lost vegetation and was reflected in Condition 63. Alderman T. Galloway suggested that preservation of Old Chicopee Drive should have some priority to which Ms. Given replied that the issue had come up regarding designation of the road and that it had been left up to the residents to address. Mr. Kevin Bechard, Weston & Associates, 64 Jardin Drive, Unit 7, Concord, appeared as a delegation in regard to Staff Reports PD 31/92 and PD 32/92 representing Old Chicopee Estates Ltd. and Kitchener Chicopee Properties Ltd. The Committee was in receipt of letters dated May 25, 1992 from Mr. Bechard requesting revisions to the Conditions in the staff report of each subdivision. Clarification was provided with respect to the 5% parkland dedication relating to each subdivision and no support was forthcoming with respect to his proposal that Condition 58 of Subdivision 30T-89011 be revised as outlined in his letter. Mr. Bechard then referred to Condition 65 (e) of Subdivision 30T-89011 which requires full municipal services and pointed out that their position was that sanitary sewer services westerly were outside of their plan of subdivision and that the Condition should be modified so as to include a provision to allow them to recoup these costs. Mr. J. Wallace commented that in the past, the City's policy was that the first developer into an area pays the full costs involved. Alderman C. Zehr indicated that he was prepared to propose a revision to Condition 65 (e) that would provide for agreement to recoup these costs. Mr. J. Zeffer appeared as a delegation before the Committee in support of the comments contained in his letter dated May 21, 1992 which was distributed with the Committee agenda and questioned why lots sizes could not be expanded as requested. It was pointed out that Lot 62 has a 17 metre frontage, Block 72 has an approximate 20 metre frontage and that Street C has an average lot width of 13 metres. Mr. D. Olinskie, 807 Zeller Drive, advised that he lives at the end of Idlewood Creek and that up- stream development has negatively affected his property by ruining the water quality of an existing pond and by flooding. And that no one from the City has effectively addressed this problem. Ms. J. Given advised that the flooding question was dealt with in the Idlewood Drainage Study. Mr. B. Liddle advised the Committee that in the past few years, the City had reconstructed a dam on Mr. Olinskie's property and has worked to rectify damage that had taken place. He noted that the effects of a 100 year storm were beyond the limits of the existing drainage channel on Mr. Olinskie's property and that any heavy or intense storm would result in water overflowing the banks of the existing channel. He noted that as a result of further development, essentially storm water would take longer to clear from Mr. Olinskie's PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 183 - MAY 25, 1992 11. STAFF PRESENTATION, DELEGATION SUBMISSIONS AND DISCUSSION RE PD 31/92 - ZCA 89133101JG (OLD CHICOPEE ESTATES LTD.) PD 32192 - ZCA 89134101JG (KITCHENER CHICOPEE PROPERTIES LTD.) (CONT'D) property than in the past. Mr. Olinskie indicated that he was displeased with the fact that development of the area has resulted in a loss of enjoyment of his property and questioned how the problem was going to be resolved. Further discussion took place and it was suggested that the Committee should approve of a motion that would have staff continue working with Mr. Olinskie to seek a solution. Mr. B. Clarkson, MacNaughton Hermsen Britton Clarkson Planning, 171 Victoria Street North, appeared as a delegation representing I.C.I Realty which is the property owner adjacent to the subdivisions in Staff Reports PD 31/92 and PD 32/92 and indicated that he was in support of the recommendations relative to those subdivisions. Mr. Lawrence Brubacher appeared as a delegation before the Committee and advised that he was an abutting property owner of lands to the west of the subdivision of Old Chicopee Estates Ltd. Mr. Brubacher stated that his concern was that he may lose his water supply from an existing well as a result of adjacent subdivision development. Mr. K. Bechard advised that a water service would be brought across the front of Mr. Brubacher's property and that Condition 65 (e) addresses the issue of servicing. Following further discussion, Mr. Bechard stated that the services would be provided to Mr. Brubacher at the developer's costs. Alderman J. Ziegler commented that if Mr. Brubacher's existing well and sceptic system becomes inoperable that the understanding was the required services would be provided to him at the developer's costs. Mr. K. Bechard did note that if Mr. Brubacher decides to undertake development of his lands, he would be responsible for his share of servicing costs relative to such development. Mr. L. Arndt appeared as a delegation to express concern over the effect the development would have on a spring on his property and consequent loss of water. He also expressed concern with regard to a tree situate on his property. Ms. J. Given advised that she had met with Mr. Arndt and that no design option could be found to save a major tree on his property. She indicated that future development of his lands has been discussed and that in regard to the question of water supply advised that Mr. Arndt would have normal recourse through the Ministry of Environment if water was affected. Mr. Gregg Ferraro, appeared as a delegation representing the Lackner Woods Residents Association and advised that the association was in agreement with the subdivision plan with the exception of extension of Daimler Drive through the wetland area. Mr. Ferraro commented that the staff report maintains that Daimler Drive was an integral part of the transportation network but that area residents did not believe it was necessary to extend the road across the wetland. In support of this, he noted that they have had a fairly restricted access to their subdivisions over the last several years. Also, he pointed out that the Official Plan and Secondary Plan had Daimler Drive in but that at that point in time the wetland had not been discovered and he questioned if the same design would be planned today given what was known about the area. Mr. B. Liddle indicated that staff had concerns with respect to underground servicing that was planned along the Daimler Drive right-of-way and noted that commitment has been made to service the area from east to west and that these services must go ahead even if the road did not. Mr. D. Snow advised the Committee that the intent of Daimler Drive and its extension across the wetlands was to service the entire community and if it was not constructed there would be an impact on Old Chicopee Road and a negative impact on three subdivisions. Mr. Ferraro suggested that the extension link be delayed so as to allow for evaluation of a connection not being made once development had occurred. Mr. Stew Thomas appeared as a delegation and questioned if Block 128 could be designated as parkland. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 184 - MAY 25, 1992 11. STAFF PRESENTATION, DELEGATION SUBMISSIONS AND DISCUSSION RE PD 31/92 - ZCA 89133101JG (OLD CHICOPEE ESTATES LTD.) PD 32192 - ZCA 89134101JG (KITCHENER CHICOPEE PROPERTIES LTD.) (CONT'D) Ms. J. Given advised that the developer has already provided a parkland dedication in excess of the requirement and that staff were of the view that Block 128 was appropriate for multiple development. No other delegations responded to the Chairman's invitation to address the Committee on these matters. Alderman C. Zehr supported not extending Daimler Drive through the wetland. Mr. T. McKay advised that if it was deleted then Council would have to address the creation of cul-de-sac lots on the easterly side of wetland. In addition, he pointed out that the costs of a future connection would be at City expense rather than at the developers. Mr. Stanley opposed removal of the connector link and stated that if the extension was not done now it would have to be removed from the Community Plan and it was likely that approval for a future link would not be forthcoming. A motion by Alderman C. Zehr, seconded by Alderman B. Stortz that Daimler Drive not be extended easterly from Old Chicopee Drive across wetland and that the designated right-of-way contain only underground services was voted on and lost. The Committee then considered the staff reports and recommendations and each is dealt with under separate title following this section. 12. PD 31/92 OLD CHICOPEE DRIVE - ZONE CHANGE APPLICATION 89133101JG SUBDIVISION APPLICATION 30T-89011 (OLD CHICOPEE ESTATES LTD.) (CHICOPEE WARD). Consideration of Staff Report PD 31/92 took place under separate title (item #11 of these minutes) in conjunction with discussion of Staff Report PD 32/92. The Committee considered the recommendations in Staff Report PD 31/92 and agreed to the revision requested by Mr. K. Bechard this date to add an additional sentence at the end of Condition 65 (e) that would allow for the subdivider to be reimbursed by up-stream developers for the costs of sewer installation west of this plan. Moved by Alderman C. Zehr Seconded by Alderman B. Stortz (A) That Zone Change Application 89/33/O/JG (Old Chicopee Estates Ltd.) requesting a change in zoning from Township Agricultural (Twp. A.) according to By-law 878-A to Restricted Residential (R2A), Semi-Restricted Residential (R2A) with special regulations, Semi- Restricted Residential (R2A) with special regulation provisions, Semi-Restricted Residential (R2C) with special regulations and Semi-Restricted Residential (R2B) with special use and special regulations and Park, Public Open Space (P), on Part of Lot 118, German Company Tract be approved in the form shown in the proposed By-law, attached, dated April 28, 1992, subject to the Subdivision Conditions contained in (B) below: (B) That Subdivision Application 30T-89011 (Old Chicopee Estates 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 that the following special conditions be written therein. The Subdivider covenants and agrees: PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 185 - MAY 25, 1992 12. PD 31/92 OLD CHICOPEE DRIVE - ZONE CHANGE APPLICATION 89133101JG SUBDIVISION APPLICATION 30T-89011 (OLD CHICOPEE ESTATES LTD.) (CHICOPEE WARD). (CONT'D) 50. That the final plans for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated 92 04 08, provided that minor changes to said plans, acceptable to the Commissioner of Planning and Development and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. 51. To submit a Lot Grading and Drainage Control Plan for the approval of the Commissioner of Public Works, in consultation with the City's Department of Parks and Recreation, the Regional Municipality of Waterloo, the Grand River Conservation Authority and the Ministry of Natural Resources, with the plan to be approved by those affected agencies prior to the City's release of each stage of the Subdivision Plan for registration. 52. That prior to any grading, the Regional Archaeologist or a Consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site, at the expense of the owner. 53. The Subdivider agrees that prior to any grading or construction on the site and prior to the City's release of each stage of the Plan for registration, to submit for the approval of the Grand River Conservation Authority, the Ministry of Natural Resources, the Regional Municipality of Waterloo and the Commissioner of Public Works, in consultation with the City's Department of Parks and Recreation, a detailed engineering design for stormwater management in accordance with the approved concept plan and the final approved Idlewood Creek Master Drainage Study. Said engineering design shall include provision for any required erosion and siltation control features to be installed both during and after construction stages. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 54. In consideration of the wooded character of portions of the subdivision lands and the City's desire to minimize the impact of development on certain treed areas worth saving, the Subdivider agrees to comply with the following two-step process in the development of the subdivision. a) Prior to the City's release of each stage of the Subdivision Plan for registration, the Subdivider shall submit the proposed Grading Control Plan for the approval of the Commissioner of Parks and Recreation in consultation with the Department of Planning and Development. This approval shall be in addition to the Commissioner of Public Works' approval required by Clause 36(b) of this agreement and the City agrees to co-ordinate engineering and tree saving objectives between the relative City Departments in order to reach a satisfactory Grading Control Plan. The plan submitted to the Commissioner of Parks and Recreation shall show: i) Existing and proposed grade elevations; ii) Indication of ground water and surface drainage; iii) Description of soil characteristics; iv) Delineation of "work zones"; being defined as areas to be disturbed due to area/rough grading, cut and fill, installation of roads and services or construction vehicle access. v) PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES Location and description of tree protection measures to be implemented around specified work zones. The Subdivider agrees that no tree removal for road construction or any grading within the subdivision shall occur until such time as all measures for the protection of trees affected by such construction or grading have been implemented to the satisfaction of the Department of Planning and Development. - 186 - MAY 25, 1992 12. PD 31/92 OLD CHICOPEE DRIVE - ZONE CHANGE APPLICATION 89133101JG SUBDIVISION APPLICATION 30T-89011 (OLD CHICOPEE ESTATES LTD.) (CHICOPEE WARD). (CONT'D) vi) Location of proposed stockpiles of excavation materials. b) Prior to the Subdivider applying for or being issued a building permit for the following lots and blocks, a tree saving/site plan shall be submitted to and approved by the Department of Planning and Development for each such lot or block: Stage 1: Lots 1-4, 13-18, 21-40, 44,45, 103-106, 108-127, Blocks 128, 133-140,142, 144-148, all inclusive Stage 2: Lots 1-5,10-39, 43, 44, 46-52, all inclusive 55. 56. Said plan(s) shall show: Delineation of "work zones"; being defined as areas to be disturbed due to site/final grading, excavation, installation of services or construction for vehicular access. ii) The approximate location, size, species and condition of all existing trees greater than 10 DBH which are located within a 6.0 metre band around the defined work zones. iii) Indication of which trees are to be saved within the 6.0 metre band around the work zones, such trees being tagged or similarly identified in the field by the Subdivider. iv) Location and description of trees protection measures to be implemented within each particular lot or block around the work zones. The Subdivider agrees to implement at his cost, the approved protection measures prior to any site grading, excavation, or construction occurring on the particular lot or block. v) The location of buildings, driveways and walkways. vi) Existing and proposed elevations. vii) Location of proposed stock piles of excavation materials. c) The Subdivider agrees to develop the subdivision in accordance with all approved plans and agrees that no trees shall be removed from the subdivision lands except those trees approved for removal as shown on the Grading Control Plan approved by the Commissioner of Parks and Recreation or as shown on the approved Tree Saving/Site Plan(s) without the permission of the City. Further, the Subdivider agrees to provide the relevant builders and prospective purchasers with a copy of the Grading Control Plan approved by the Commissioner of Parks and Recreation and a copy of the approved Tree Saving/Site Plan(s) where applicable. To obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 154/86. Such permit shall be obtained prior to on-site grading, the installation of services and prior to the City's release of each stage of the Subdivision Plan for registration purposes. That the 5% parkland dedication required for the entire plan of subdivision, being 1.0 hectare, shall be satisfied by the conveyance of Blocks 143 and 147 (Stage 1) for park purposes, at no cost and free of encumbrance, concurrently with the registration of Stage 1 of the Plan. Since Block 147 also contains wetlands, it is acknowledged, however, that only those portions of Block 147 outside of the wetland boundary is eligible by the City to satisfy the 5% contribution requirement. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 187 - MAY 25, 1992 12. PD 31/92 OLD CHICOPEE DRIVE - ZONE CHANGE APPLICATION 89133101JG SUBDIVISION APPLICATION 30T-89011 (OLD CHICOPEE ESTATES LTD.) (CHICOPEE WARD). (CONT'D) 57. That the structure required to accommodate the Idlewood Creek at the Daimler Drive crossing be designed and installed so as to minimize the impact on the wetland and creek habitats, in accordance with the requirements of the Ministry of Natural Resources and Grand River Conservation Authority and to the satisfaction of the City's Commissioner of Public Works. 58. That prior to the issuance of any building permits within any stage of this plan, the following roads shall be constructed and open to traffic: Lackner Boulevard between Oldfield Drive and Fairway Road; Fairway Road from Lackner Boulevard to Street Three in Plan of 59. 60. 61. 62. 63. 64. 65. Subdivision 30T-86028; and Streets "Three" and "B" in Plans of Subdivision 30T-86028 and 30T-89017, respectively. That the names of the Streets within the Plan shall be approved by City Council prior to the registration of any stage of the Plan. In this regard, that section of the new alignment of Old Chicopee Drive within the bounds of the subdivision near Daimler Drive shall be named the same name as the new name for Old Chicopee Drive to the south of the Plan. To construct 1.5 metre concrete sidewalks to the satisfaction of the Commissioner of Public Works, in the following locations: along both sides of Daimler Drive, Streets A, B and D; along the southerly side of Street C connecting to Block 64 (Stage 2); iii) along the northwesterly side of Street G and the northerly side of Street H, connecting to Block 151 (Stage 1). That construction traffic to and from the proposed subdivision development shall be restricted to accessing the subdivision only from Fairway Road North via Street "One" or "Three" in Plan of Subdivision 30T-86028 and Street "A" or "B" in Plan of Subdivision 30T- 89017. The Subdivider agrees to advise all relevant contractors, builders, and other persons of the requirement, with the subdivider being responsible for any signage, if required, all to the satisfaction of the City's Director of Traffic and Parking Services. That in addition to the standard servicing requirements and responsibilities outlined in this Agreement, the Subdivider agrees to pay to the City its fair share of the actual cost of the Ottawa Trunk Sanitary Sewer, as determined by and to the satisfaction of the City's Commissioner of Public Works, prior to the registration of any stage of the Subdivision Plan. The Subdivider agrees to install a marking system along the boundary of Blocks 144-148 (Stage 1) inclusive where these blocks abut residential lots or blocks, prior to occupancy of any such residential lots or blocks or at such time as required by the Commissioner of Parks and Recreation. Further, the Subdivider agrees to include a statement advising of the marking system requirement in all Offers to Purchase and Agreements of Purchase and Sale for said lots and blocks. The Subdivider acknowledges and agrees that the Plan shall be registered in two (2) Stages as shown on the Seventh Schedule attached hereto. The Subdivider agrees that in addition to the normal City requirements, and other conditions contained herein, the following special conditions shall apply to Stage 1: a) The Subdivider agrees that registration and development of Stage 1 of this Plan must occur immediately consecutively with the registration of Plan of Subdivision 30T-89017. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 188 - MAY 25, 1992 12. PD 31/92 OLD CHICOPEE DRIVE - ZONE CHANGE APPLICATION 89133101JG SUBDIVISION APPLICATION 30T-89011 (OLD CHICOPEE ESTATES LTD.) (CHICOPEE WARD). (CONT'D) b) To construct a 6.0 metre wide dual purpose walkway/emergency vehicular access, over Blocks 150 and 151 (Stage 1 ), to the satisfaction of the Department of Public Works. c) To upgrade Old Chicopee Drive to full municipal services within a 16.0 metre right-of- way from the southerly limit of Lot 30 (Stage 1) to the north limit of Lot 39 (Stage 1) inclusive, save and except for a sidewalk on the westerly side, with all works designed to maximize the retention of the scenic value of the road and completed to the satisfaction of the City's Commissioner of Public Works and Director of Traffic Services. d) That at such time as Old Chicopee Drive is upgraded in accordance with Condition 65 c) above and the new section intersecting Daimler Drive is constructed, and open to vehicular traffic, the redundant section of existing Old Chicopee Drive in this area shall be closed and that section abutting Lot 29 and Block 129 shall be conveyed to abutting e) f) g) h) PLANNING AND DEVELOPMENT landowners at market value. All legal and survey costs associated with the closure shall be the responsibility of this Subdivider. No building permits shall be issued for Lots 30 to 41 (Stage 1) inclusive until the closure and realignment is complete, to the satisfaction of the City's Commissioner of Public Works. No building permits shall be issued for Block 129 or Lot 29 until the closure and conveyance of the road has taken place. As part of the development of Stage 1 of this Plan, to upgrade that section of Old Chicopee Drive west of this Plan upon which Daimler Drive will be constructed, to the point at which Old Chicopee Drive will be realigned to River Road in the future, to full municipal services, save and except for a sidewalk on the southerly side of Old Chicopee Drive. Such upgrading shall be done to the satisfaction of the City's Commissioner of Public Works. This shall include the Subdivider making any necessary arrangements for the conveyance to the City, at no cost and free of encumbrance, of any road widenings that may be required to facilitate the installation of services, as determined by the Commissioner of Public Works, prior to the registration of any stage of the plan. Further, that the cost incurred by the subdivider for the sanitary sewer along this section of Old Chicopee Drive west of the Plan shall be re- imbursed to the subdivider by up-stream developers benefiting from this sewer by way of front-ending agreements under the Development Charges Act. To submit a landscape plan showing the regenerative planting proposed along Old Chicopee Drive to enhance the scenic value of the road, for approval of the Director of Development in consultation with the City's Commissioner of Public Works and Director of Traffic Services prior to the City's release of Stage 1 for registration. The owner agrees to undertake the works necessary to implement the landscape plan as part of the development of the Plan, immediately following completion and acceptance by the City of the services along Old Chicopee Drive. To convey to the City, at no cost and free of encumbrance, Block 148 (Stage 1) for stormwater management/hazard land purposes, concurrently with the registration of Stage 1 of the Plan. To convey to the City, at no cost and free of encumbrance, Blocks 144,145,146 and 147 (Stage 1) for park/watercourse/hazard land purposes, concurrently with the registration of Stage 1 of the Plan. To grade and finish, if necessary, in a form satisfactory to the City's Department of Parks and Recreation and the Grand River Conservation Authority, those areas of Blocks 144-148 inclusive disturbed during the construction of roads or lots abutting such blocks. All works required of the Subdivider by this Section shall be completed in conjunction with the timing of grading of ECONOMIC - 189 - MAY 25, 1992 COMMITTEE MINUTES 12. PD 31/92 OLD CHICOPEE DRIVE - ZONE CHANGE APPLICATION 89133101JG SUBDIVISION APPLICATION 30T-89011 (OLD CHICOPEE ESTATES LTD.) (CHICOPEE WARD). (CONT'D) surrounding residential development not to exceed two years from the registration of the subdivision plans or at an alternate time to the satisfaction of the Commissioner of Parks and Recreation. J) To convey to the City, at no cost and free of encumbrance, Blocks 152-155 inclusive (Stage 1) as 0.3 metre reserves, concurrently with the registration of Stage 1 of the Plan, unless Stage 2 is registered concurrently with Stage 1, in which case, said reserves shall not be required. k) That no building permits shall be issued for Blocks 130-142 inclusive (Stage 1) until the lots are consolidated with abutting blocks to be created on adjacent lands, including within Plans of Subdivision 30T-89017 and 3~T-86~28. I) That Block 149 (Stage 1) be conveyed to the City, at no cost, and free of encumbrance, for surplus boulevard purposes, prior to the release for registration of Stage 1. m) That the City Solicitor shall arrange for the opening of Blocks 137 and 147, Registered Plan 1647 subsequent to registration of Stage 1 of this Plan and the completion of related public roads to the satisfaction of the Department of Public Works. n) That since there may be insufficient monies available in the City's Development Charge Account to permit the City to fund the Idlewood Creek culvert under Daimler Drive, the Subdivider agrees to be responsible for all costs related to the installation of such culvert. In this regard, the City recognizes that it will be responsible for 100% of the cost of the culvert and agrees to recognize any monies paid by the Subdivider for any work or services which would normally be assessed against the City's Development Charge Reserve, with such monies representing a credit towards any City Development Charge required for development within each Lot or Block. The offset will be made by the City only as a credit with respect to monies required to be paid for Development Charges for development within the Plan. Said offset shall be charged initially against that portion of the applicable development charge with respect to engineering services required to be paid prior to the City's release of the plan of subdivision for registration. Any remaining offset will be credited against that portion of the applicable development charges which is required to be paid at the time of issuance of building permits. In this regard, the Subdivider shall provide to the City, a list of those lots and blocks to which credit will be assigned and the Subdivider shall enter into a supplementary agreement with the City outlining the aforementioned, with the offset to be registered against title of each specified lot or block, prior to the registration of Stage 1 of the Plan. The same approach shall be repeated for the registration of each stage, with any outstanding offset balance remaining with the lands not being paid in actual monies by the City, but being paid in the form of future credit for additional development after the entire plan has been registered and all permits issued not being paid in actual monies by the City. Upon the total of the offset reaching the amount of monies properly paid by the Subdivider for the specified work, then the Development Charges will be paid in the normal manner in accordance with the City's by-law in that regard. 66. That Stage 2 shall register consecutively with or subsequent to the registration of Stage 1, and in addition to the normal City requirements and other conditions contained herein, the following special conditions shall apply to Stage 2: PLANNING AND ECONOMIC - 190 - MAY 25, 1992 DEVELOPMENT COMMITTEE MINUTES 12. PD 31/92 OLD CHICOPEE DRIVE - ZONE CHANGE APPLICATION 89133101JG SUBDIVISION APPLICATION 30T-89011 (OLD CHICOPEE ESTATES LTD.) (CHICOPEE WARD). (CONT'D) a) To convey to the City, at no cost, and free of encumbrance, a 0.3 metre reserve, Block 65 (Stage 2), concurrently with the registration of Stage 2 of the Plan. b) To construct a temporary turning circle on Lots 53 and 54 and Block 60 (Stage 2), as shown on the attached Plan of Subdivision. Said turning circle shall be designed, constructed and ultimately removed to the satisfaction of the Department of Public Works. At such time as Street "F" is extended to Street "A" through adjoining lands, Block 65 (Stage 2) shall be opened by by-law and the Subdivider shall remove the turning circle. No building permits shall be issued for Lots 52 to 54 and Block 60 (Stage 2) until the turning circle is removed and the road is extended to Street "A", providing a second means of access. c) That no building permits shall be issued for Blocks 59-63 inclusive (Stage 2) until each block is consolidated with each abutting respective block. d) To construct a 6.0 metre wide dual purpose walkway/emergency access over Block 64 (Stage 2) to the satisfaction of the Commissioner of Public Works. e) That the City Solicitor shall arrange for the opening of Blocks 152 and 153 (Stage 1) subsequent to the registration of Stage 2 and the completion of related public roads to the satisfaction of the Department of Public Works. (C) That concurrently with the naming of that section of the street within the Plan being the realignment of Old Chicopee Drive, at Daimler Drive, the City shall rename Old Chicopee Drive the same name as that approved within the Plan. Such name shall be suggested by the City. (D) That the implementing zoning by-law for Zone Change Application 89/33/0/JG (Old Chicopee Estates Ltd. ) not be presented to Council until Regional Draft approval of Subdivision application 30T-89011 has been given. Once final Draft Plan approval has been issued, the amending zoning by-law shall be presented to Council for three readings at the following scheduled meeting. Alternatively, three readings of the by-law may be given if the City Clerk is presented with a letter from the Region of Waterloo advising that the Region has no objection to the passing of the zoning by-law in the form shown in Staff Report PD 31/92. It is the opinion of this Committee that the approval of these zone change and subdivision applications is proper planning for the City and is in conformity with the City's Approved Official Plan. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, June 1, 1992. 13. PD 32~92 OLD CHICOPEE DRIVE - ZONE CHANGE APPLICATION 89134101JG SUBDIVISION APPLICATION 30T-89017 (KITCHENER CHICOPEE PROPERTIES LTD.) (CHICOPEE WARD). Consideration of Staff Report PD 32/92 took place under separate title (item #11 of these minutes) in conjunction with the discussion of Staff Report PD 31/92. The Committee considered the recommendations in Staff Report PD 32/92 and agreed to the revisions requested by Ms. J. Given this date with respect to revision of the By-law, a minor revision to Condition 58 and the addition of a new Condition 74. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 191 - MAY 25, 1992 13. PD 32~92 OLD CHICOPEE DRIVE - SUBDIVISION APPLICATION 30T-89017 (CHICOPEE WARD). (CONT'D) Moved by Alderman C. Zehr Seconded by Alderman B. Stortz ZONE CHANGE APPLICATION 89134101JG (KITCHENER CHICOPEE PROPERTIES LTD.) (A) That Zone Change Application 89/34/O/JG (Kitchener Chicopee Properties Ltd.) requesting a change in zoning from Township Agricultural (Twp. A.) according to By-law 878-A to Restricted Residential (R2A), Semi-Restricted Residential (R2C) with special regulations and Semi-Restricted Residential (R2B) with special use and special regulations, Semi-Restricted Residential (R2B) with special uses and special regulation provisions and Park, Public Open Space (P), on Part of Lot 118, German Company Tract be approved in the form shown in the proposed By-law, attached, dated April 27, 1992, as revised May 25, 1992 to provide for a reference to Building Lines in accordance with Section 7.14, subject to the Subdivision Conditions contained in (B) below: (B) That Subdivision Application 30T-89017 (Kitchener-Chicopee Properties 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 that the following special conditions be written therein. The Subdivider covenants and agrees: 50. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated 92 04 10, 1992, provided that minor changes to said 51. 52. 53. 54. plan, acceptable to the Commissioner of Planning and Development and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. The Subdivider agrees that Plan of Subdivision 30%86028 must be registered prior to the registration and servicing of this Plan of Subdivision and this Plan of Subdivision must register immediately prior to the registration of Plan of Subdivision 30T-89011. To submit a Lot Grading and Drainage Control Plan for the approval of the Commissioner of Public Works, in consultation with the City's Department of Parks and Recreation, the Regional Municipality of Waterloo, the Grand River Conservation Authority and the Ministry of Natural Resources, with the plan to be approved by those affected agencies prior to the City's release of the Subdivision Plan for registration. That prior to any grading, the Regional Archaeologist or a Consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site, at the expense of the owner. The Subdivider agrees that prior to any grading or construction on the site and prior to the City's release of the Plan for registration, to submit for the approval of the Grand River Conservation Authority, the Ministry of Natural Resources, the Regional Municipality of Waterloo and the Commissioner of Public Works, in consultation with the City's Department of Parks and Recreation, a detailed engineering design for stormwater management in accordance with the approved concept plan and the final approved Idlewood Creek Master Drainage Study. Said engineering design shall include provision for any required erosion and siltation control features to be installed both during and after construction stages. The Subdivider further agrees to implement all required measures as outlined in the approved final design. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 192 - MAY 25, 1992 13. PD 32~92 OLD CHICOPEE DRIVE - ZONE CHANGE APPLICATION 89134101JG SUBDIVISION APPLICATION 30T-89017 (KITCHENER CHICOPEE PROPERTIES LTD.) (CHICOPEE WARD). (CONT'D) 55. In consideration of the wooded character of portions of the subdivision lands and the City's desire to minimize the impact of development on certain treed areas worth saving, the Subdivider agrees to comply with the following two-step process in the development of the subdivision. a) Prior to the City's release of the Subdivision Plan for registration, the Subdivider shall submit the proposed Grading Control Plan for the approval of the Commissioner of Parks and Recreation in consultation with the Department of Planning and Development. This approval shall be in addition to the Commissioner of Public Works' approval required by Clause 36(b) of this agreement and the City agrees to co-ordinate engineering and tree saving objectives between the relative City Departments in order to reach a satisfactory Grading Control Plan. The plan submitted to the Commissioner of Parks and Recreation shall show: i) Existing and proposed grade elevations; ii) Indication of ground water and surface drainage; iii) Description of soil characteristics; iv) Delineation of "work zones"; being defined as areas to be disturbed due to area/rough grading, cut and fill, installation of roads and services or construction vehicle access. v) Location and description of tree protection measures to be implemented around specified work zones. The Subdivider agrees that no tree removal for road construction or any grading within the subdivision shall occur until such time as all measures for the protection of trees affected by such construction or grading have been implemented to the satisfaction of the Department of Planning and Development. vi) Location of proposed stockpiles of excavation materials. b) Prior to the Subdivider applying for or being issued a building permit for the following lots and blocks, a tree saving/site plan shall be submitted to and approved by the Department of Planning and Development for such lots and blocks: Lots 1, 11-19, 34, 35, 50, 51, 53-58, 63, 64, 68, 69; Blocks 70-74, 79-89, 96 Said plan(s) shall show: Delineation of "work zones"; being defined as areas to be disturbed due to site/final grading, excavation, installation of services or construction for vehicular access. ii) The approximate location, size, species and condition of all 8 existing trees greater than 10 DBH which are located within a 6.0 metre band around the defined work zones. iii) Indication of which trees are to be saved within the 6.0 metre band around the work zones, such trees being tagged or similarly identified in the field by the Subdivider. iv) Location and description of trees protection measures to be implemented within each particular lot or block around the work zones. The Subdivider agrees to implement at his cost, the approved protection measures prior to any site grading, excavation, or construction occurring on the particular lot. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 193 - MAY 25, 1992 13. PD 32~92 OLD CHICOPEE DRIVE - ZONE CHANGE APPLICATION 89134101JG SUBDIVISION APPLICATION 30T-89017 (KITCHENER CHICOPEE PROPERTIES LTD.) (CHICOPEE WARD). (CONT'D) v) The location of buildings, driveways and walkways. vi) Existing and proposed elevations. vii) Location of proposed stock piles of excavation materials. 56. c) The Subdivider agrees to develop the subdivision in accordance with all approved plans and agrees that no trees shall be removed from the subdivision lands except those trees approved for removal as shown on the Grading Control Plan approved by the Commissioner of Parks and Recreation or as shown on the approved Tree Saving/Site Plan(s) without the permission of the City. Further, the Subdivider agrees to provide the relevant builders and prospective purchasers with a copy of the Grading Control Plan approved by the Commissioner of Parks and Recreation and a copy of the approved Tree Saving/Site Plan(s) where applicable. To obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 154/86. Such permit shall be obtained prior to on-site grading, the installation of services and prior to the City's release of the Subdivision Plan for registration purposes. 57. That the 5% parkland dedication required for the Plan of Subdivision, being 0.41 hectares, shall be satisfied by the conveyance of Block 96 for park purposes, at no cost and free of encumbrance, concurrently with the registration of the Plan. Since Block 96 also contains hazard lands, wetlands and stormwater management, it is acknowledged, however, that only that portion of Block 95 outside of the wetland/hazard land/ stormwater management boundary is eligible by the City to satisfy the 5% contribution requirement. 58. The Subdivider agrees that prior to the issuance of any building permits within this plan, the following roads shall be constructed and open to traffic to the satisfaction of the Region and the City's Department of Public Works, where applicable: Lackner Boulevard between 59. 60. 61. Oldfield Drive and Fairway Road; Fairway Road from Lackner Boulevard to Street One in Plan of Subdivision 30%86028; and, Street One in Plan of Subdivision 30%86028 That the names of the Streets within the Plan shall be approved by City Council prior to the registration of the Plan. To construct 1.5 metre wide concrete sidewalks to the satisfaction of the Commissioner of Public Works, in the following locations: i) along both sides of Streets A and D; ii) along the westerly side of Street B; iii) along the north side of Street C connecting to Block 91; iv) along the east side of Street E connecting to walkway Block 93. That construction traffic to and from the proposed subdivision development shall be restricted to accessing the Subdivision from Streets One and Three in Plan of Subdivision 30T-86028 from Fairway Road North only. The Subdivider agrees to advise all relevant contractors, builders, and other persons of the requirement, with the subdivider being responsible for any signage, if required, all to the satisfaction of the City's Director of Traffic and Parking Services. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 194 - MAY 25, 1992 13. PD 32~92 OLD CHICOPEE DRIVE - ZONE CHANGE APPLICATION 89134101JG SUBDIVISION APPLICATION 30T-89017 (KITCHENER CHICOPEE PROPERTIES LTD.) (CHICOPEE WARD). (CONT'D) 62. That in addition to the standard servicing requirements and responsibilities outlined in this Agreement, the Subdivider agrees to pay to the City its fair share of the actual cost of the Ottawa Trunk Sanitary Sewer, as determined by and to the satisfaction of the City's Commissioner of Public Works, prior to the registration of the Subdivision Plan. 63. To submit a landscape plan showing the regenerative planting proposed along Old Chicopee Drive to enhance the scenic value of the road, for approval of the Director of Development in consultation with the City's Commissioner of Public Works and Director of Traffic Services prior to the City's release of the plan for registration. The owner agrees to undertake the works necessary to implement the landscape plan as part of the development of the Plan immediately following completion and acceptance by the City of services along Old Chicopee Drive. 64. To construct 6.0 metre wide, dual purpose walkway/emergency vehicular accesses over Blocks 91 and 92 to the satisfaction of the Department of Public Works. 65. To upgrade Old Chicopee Drive to full municipal services within a 16.0 metre right-of-way from the southerly limit of Lot 30 of Plan of Subdivision 30T-89011 to the southerly limit of Block 72 of this Plan, save and except for a sidewalk on the westerly side of Old Chicopee Drive, with all works designed to maximize the retention of the scenic value of the road and completed to the satisfaction of the City's Commissioner of Public Works and Director of Traffic Services. 66. That no building permits shall be issued for Block 72 until the intersection of Old Chicopee Drive to Fairway Road has been upgraded as part of the New Fairway Road Construction project and the remnant parcel from the intersection improvement has been closed by By-law and consolidated with said block. The subdivider shall pay market value to the City for the purchase of the remnant lands. 67. To grade and finish, where necessary, in a form satisfactory to the City's Department of Parks and Recreation and the Grand River Conservation Authority, those areas of Block 96 disturbed during the construction of abutting lots. All works required of the Subdivider by this Section shall be completed in conjunction with the timing of the grading of surrounding residential development not to exceed two years from the registration of the subdivision plan or at an alternate time to the satisfaction of the Commissioner of Parks and Recreation. 68. The Subdivider agree to install a marking system along the boundary of Block 96 where it abuts residential lots or blocks prior to occupancy of any residential lots or blocks, or at such time as required by the Commissioner of Parks and Recreation. Further, the Subdivider agrees to include a statement advising of the marking system requirement in all Offers to Purchase and Agreements of Purchase and Sale for said lots and blocks. 69. That Block 94 shall be used as a lot consolidation with the abutting land at such time as requested by the adjacent landowner to be purchased from the subdivider at market value plus one half the tendered contract price of Street "D" along the frontage of the subject lands. 70. That no building permits shall be issued for Blocks 73-89 inclusive until each block is consolidated with each abutting respective block to be created for consolidation including those created under Plans of Subdivision 30T-89011 and 3~T-86~28. 71. That Block 90 be conveyed to the abutting landowner to the north as a lot consolidation, immediately upon registration of the Plan. No building permits shall be issued for Block 90 unless used in conjunction and consolidated with the lands to the north. PLANNING AND ECONOMIC - 195 - MAY 25, 1992 DEVELOPMENT COMMITTEE MINUTES 13. PD 32~92 OLD CHICOPEE DRIVE - ZONE CHANGE APPLICATION 89134101JG SUBDIVISION APPLICATION 30T-89017 (KITCHENER CHICOPEE PROPERTIES LTD.) (CHICOPEE WARD). (CONT'D) 72. To convey to the City, at no cost and free of encumbrance, Block 95 as a 0.3 metre reserve, concurrently with the registration of the Plan. 73. The City Solicitor shall arrange for the passing of a By-law opening Blocks 41 and 42 of Plan of Subdivision 30T-86028 subsequent to the registration of this Plan and the completion of related public roads to the satisfaction of the Department of Public Works. 74. That all costs associated with the closure of Old Chicopee Drive between the present alignment of Fairway Road and the future alignment of Fairway Road shall be borne by this Subdivider and that of Plan of Subdivision and that of Plan of Subdivision 30T-86028, and at no cost to the City. (C) That Council approve of the renaming of that section of Old Chicopee Drive and existing Fairway Road from new Fairway Road to Daimler Drive prior to the registration of this Plan. (D) That the implementing zoning by-law for Zone Change Application 89/34/O/JG (Kitchener- Chicopee Property Corp.) not be presented to Council until Regional Draft approval of Subdivision application 30T-89017 has been given. Once final Draft Plan approval has been issued, the amending zoning by-law shall be presented to Council for three readings at the following scheduled meeting. Alternatively, three readings of the by-law may be given if the City Clerk is presented with a letter from the Region of Waterloo advising that the Region has no objection to the passing of the zoning by-law in the form shown in Staff Report PD 32/92. It is the opinion of this Committee that the approval of these zone change and subdivision applications is proper planning for the City and is in conformity with the City's Approved Official Plan. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, June 1, 1992. The Committee then dealt with the issue raised by Mr. D. Olinskie. Moved by Alderman C. Zehr Seconded by Alderman G.L. Leadston That Public Works Department staff continue to address the concerns expressed by Mr. D. Olinskie 807 Zeller Drive relative to the flooding and water quality problems affecting his property as a result of up-stream development and that a synopsis be prepared outlining what actions the City has taken to date relative to these matters. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, June 1, 1992. Alderman M. Wagner left the meeting at this point. 14. PD 47~92 SOUTHWEST AREA OF CITY AND 380 PLAINS ROAD ZONE CHANGE APPLICATION 921201TCIJG (CITY OF KITCHENER) (SOUTH WARD). The Committee was in receipt of Staff Report PD 47/92 dated May 13, 1992 concerning a City Initiated Zone Change Application to revise By-law 91-196 (Agricultural Stage of Comprehensive By-law). Attached to the staff report was a Proposed By-law dated May 19, 1992. It was noted in the staff report that By-law 91-96 was passed by Council on May 31, 1991, to implement Official Plan Amendment No. 118-South Plains-Trussler-Dundee-Laurentian West. The Official Plan Amendment, as originally approved by Council included "outdoor recreation activities" PLANNING AND ECONOMIC - 196 - MAY 25, 1992 DEVELOPMENT COMMITTEE MINUTES 14. PD 47~92 SOUTHWEST AREA OF CITY AND 380 PLAINS ROAD ZONE CHANGE APPLICATION 921201TClJG (CITY OF KITCHENER) (SOUTH WARD). (CONT'D) as a permitted use within the Agricultural designation. The Region, in their review of the document pointed out that within Settlement Policy Area "E", recreation uses are limited to existing uses with provision for minor expansion or minor change in use. Accordingly, on May 11, Kitchener's Planning Committee approved recommendations dealing with the revision to the Official Plan Amendment to permit "existinq recreation activities" only. Accordingly, in order to implement the change to the Official Plan, the proposed zoning by-law deletes "outdoor recreation (active or passive)" as a permitted use in the Agricultural (A-l) Zone, along with the section which prohibited certain recreational uses. The proposed By-law adds a special use provision to the lands municipally known as 380 Plains Road to legally permit the existing recreation facility. Policies contained in the proposed modifications to the Official Plan allow for consideration of a zone change to permit minor expansions to the facility subject to meeting the criteria set out in the modified policies. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. It was noted in the report that this revision will affect an Ontario Municipal Board appeal against By-law 91-196 with respect to the prohibition of a golf course in the A-1 Zone. The golf course use requested by the appellants is not permitted in the Regional Official Plan or in the City's Official Plan, with the proposed modifications to Official Plan Amendment No. 118. Mr. T. McCabe briefly explained the purpose of the application and requested that the Committee revise the Proposed By-law so as to delete the term "outdoor recreation" from the title of Section 34.3.1. Mr. Mark Nowak, 30 Duke Street West, appeared as a delegation on behalf of Select Sand & Gravel. He indicated that his concern related to an appeal and Ontario Municipal Board Hearing to be held in July. Mr. Nowak stated that he wanted some sort of outdoor recreational uses to be available for his client's lands and that the Region was dealing with such existing uses but that the City was trying to delete outdoor recreational uses while the Region appears to be allowing it within some circumstances. Accordingly, he stated that he was asking to preserve the right as its existed previously to have the ability to utilize the land for an outdoor recreational use. Mr. B. Stanley explained the amendment process set out by the Region and noted that the issue at hand was compliance of the by-law to the Official Plan which the recommendation before the Committee was intended to address. Further discussion took place between Messrs. M. Nowak, T. McCabe and B. Stanley relative to procedure. Alderman T. Galloway commented that he found it surprising that the City would not want outdoor recreational uses within the City and asked that we not preclude such uses. No other delegations responded to the Chairman's invitation to address the Committee on this matter. Moved by Alderman C. Weylie Seconded by Alderman M. Yantzi That Zone Change Application 92/20/TC/JG (City of Kitchener) and the attached "Proposed By- law", dated May 19, 1992, as revised May 25, 1992, to delete the term 'Outdoor Recreation' from the Title of Section 34.3.1 representing a revision to By-law 91-196 (Being a By-law to establish a new Agricultural Zone), be approved without conditions. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 197 - MAY 25, 1992 14. PD 47~92 SOUTHWEST AREA OF CITY AND 380 PLAINS ROAD ZONE CHANGE APPLICATION 921201TClJG (CITY OF KITCHENER) (SOUTH WARD). (CONT'D) It is the opinion of this Committee that the approval of this application is proper planning for the City. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, June 1, 1992. 15. PD 40~92 - PROPOSED NEW CITY SIGN BY-LAW. The Committee was in receipt of Planning and Development Staff Report PD 40/92 dated May 1, 1992 dealing with a proposed new city Sign By-Law. This report is an addendum to staff report PD 159/91 which was prepared initially, circulated, and discussed at an Open House/Information Meeting and revised after input had been received. Mr. T. McCabe noted that the most significant outcome was that a ban on portable signs could cause some harm and that they continue to be permitted under the proposed by-law but with vigorous enforcement of the regulations. He noted that the proposed by-law was meant to strongly encourage permanent signs in place of portable signs. Mr. Ken Tribby provided the Committee with a written summary comparison and explanation of the existing and the proposed regulations and commented on aspects of each issue. In respect to permit fees, it was proposed that they be doubled with respect to signs already erected or placed. Alderman C. Weylie commented that the City was unable to enforce the current by-law and questioned how the new by-law could be enforced. Mr. McCabe stated that the ticketing system and doubling of fees would assist greatly as well as an annual licensing requirement. The Committee had a lengthy discussion before hearing delegations dealing with the absolute requirement for industry, co-operation, enforcement procedures and required staff resources. Mr. T. McKay advised that if more staff resources were needed, the issue would be brought back to City Council for action. A number of delegations were heard by the Committee in regard to this matter. Mr. Paul Randorf, Gould Outdoor Signs appeared as a delegation respecting billboard signs. As a result of his presentation, the Committee agreed to revision of the proposed by-law in respect to sections 12.6 and 12.10. Mr. Dietmar Sommerfeld, c/o Whitney Sommerfeld Inc. appeared as a delegation with respect to section 22.2 (i) to express concern over the financial expense that the maximum sign area of .84 square metres on real estate signs would have on the industry. It was also suggested that the maximum height of ground signs in section 15.4 be increased from 2.44 metres to 3.1 metres. The Committee agreed to defer consideration of regulations pertaining to Real Estate and Ground Signs so as to allow Council to receive a further report from staff on the proposed regulations at the meeting the new Sign By-law is scheduled for enactment. Mr. Dave Lamka, President of 1 Hour Photoworks Ltd. and A to Z Quality Mobile Sign Rentals Ltd. appeared as a delegation to present a written submission which was distributed to the Committee. His submission provided detailed comments on each sub-section of Section 16 (Portable Signs- Regulations) of the proposed by-law. In summary, it was indicated that the proposed by-law did not simplify the permit process for anyone and that the existing by-law was not working because of lack of enforcement. The Committee discussed various issues with Mr. Lamka during which questions were raised as to how the Guelph and Cambridge By-laws compare with Kitchener's existing and proposed by-law. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 198 - MAY 25, 1992 15. PD 40~92 - PROPOSED NEW CITY SIGN BY-LAW. (CONT'D) Mr. Bill Renaud, Jr., appeared as a delegation to stress the importance of portable signs to his business and within the industry. He noted that the 50.0 metre distance regulation in Section 16.9 would cause him difficulty and suggested it be reduced to 15.0 metres. Mr. Bill Florence advised that he had been renting signs for 19 years and that it was only recently that the existing by-law had become unworkable as a result of 2 fly-by-night companies selling cheap portable signs. He stated that he was upset that the existing by-law has not been enforced, particularly as it relates to the 2 companies mentioned. Mr. Richard Feicht, Adanac Mobile Signs appeared as a delegation to present a written submission that was distributed to the Committee. He noted that he was very disappointed with the revised by-law and in particular commented on its unfairness to business, the fact that Cambridge had a workable portable sign by-law with strict enforcement and that Kitchener could retain its existing by-law but only if there was strict enforcement. Mr. Paul Lichti, owner of Advanced Mobile Signs, appeared before the Committee and noted that most of his concerns had already been presented by other delegations. He did note that to allow only 120 days per location as in the proposed by-law would cause a great many problems. He commented on the restriction that the height and size regulations would cause, the need for the 180 day regulation and the ideal site to locate a portable sign was often below an existing pylon sign. Mr. M. Miller, Miller Signs appeared as a delegation and commented that the recession has been difficult for those in the sign business. He questioned why mobile signs were restricted from the downtown and was advised that there was no room for portable signs and in there place sidewalk signs were permitted. In summary he requested that the City not make it harder for businesses to operate and pointed out that in any event it was impossible to write regulations to cover all circumstances relating to business advertising. Mr. Bill Schill, Neon Signs, appeared as a delegation and commented that in his view, a lack of adherence to the existing by-law and lack of enforcement had brought about the problem that exists today. He stressed that the Sign By-law must be enforced. No other delegations responded to the Chairmans invitation to address the Committee on this matter. The Committee then considered the staff reports, comments of delegations and discussed the issues of concern particularly as they related to portable sign regulations. Following comments by Alderman C. Weylie, Mr. T. McCabe referred to the summary distributed by Mr. K. Tribby respecting Portable Signs and suggested that as a compromise the Committee may wish to consider approving items 1 to 7 of the summary relating to the existing by-law except for down time and items 8 to 13 of the summary relating to the proposed by-law with respect to administrative improvements. Moved by Alderman C. Weylie Seconded by Alderman B. Stortz That a New City Sign By-law be approved in the form shown in the Proposed By-law attached as Appendix "A" and dated May 1, 1992, as revised May 25, 1992 to incorporate changes agreed to with respect to: i) Billboard Signs Amendment of Section 12.6 so as to add the phrase "In locations deemed appropriate by the Director of Development or designate" to the beginning of the sentence. Amendment of Section 12.10 so as to delete the requirement for Councils approval for billboards in industrial and commercial zones. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 199 - MAY 25, 1992 15. PD 40~92 - PROPOSED NEW CITY SIGN BY-LAW. (CONT'D) ii) Portable Sign regulations be amended to reflect the regulations of the existing sign by-law save and except for: (a) elimination of 30 day down time between permits. (b) elimination of 60 day permits so that permits are available for a 30 day period only. (c) incorporation of the identified new administrative regulations. iii) Deferral of Regulations pertaining to Real Estate Signs and Ground Signs so as to allow Council to receive a further report from staff on the proposed regulations at the meeting the new Sign By-law is scheduled for enactment by Council. That the City Solicitor be directed to prepare a licensing by-law for portable sign operators, similar to the City of London's by-law attached as Appendix "B" to Staff Report PD 40/92, with the details and appropriate licence fee to be submitted to the Finance and Administration Committee at the earliest possible date. That the City Solicitor be directed to arrange for the expeditious approval of short form wording and set fines and/or any other measures necessary to implement the use of Part I Provincial Offence Notices (tickets) for Sign By-law violations. D. That City enforcement practice not be limited to "complaint-only". That Application Fees be doubled relative to applications for Signs already erected or placed and be incorporated into the Tariff of Fees & Charges By-law. Carried The Chairman advised that this recommendation would be considered by City Council at is meeting to be held Monday, June 1, 1992. 16. ADJOURNMENT On motion, the meeting adjourned at 9:00 p.m. L.W. Neil, AMCT Assistant City Clerk