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HomeMy WebLinkAboutPlng & Econ Dev - 1993-06-14PED\1993-06-14 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 14, 1993 The Planning and Economic Development Committee met this date commencing at 4:45 p.m. under the Chairmanship of Alderman J. Ziegler with the following members present: Mayor D.V. Cardillo and Aldermen C. Weylie, B. Stortz, M. Wagner, T. Galloway and G. Lorentz. Officials Present: Mr. S. Klapman, Mr. B. Stanley, Mr. T. McCabe, Mr. D. Mansell, Mr. D. Snow, Mr. J. Wallace, Mr. J. Witmer, Ms. J. Given, Ms. C. Ladd, Mr. D. Corks, Mr. G. Borovilos, Ms. V. Gibaut, Mr. V. Labreche and Mr. L.W. Neil. 1. MINUTES Moved by Alderman C. Weylie Seconded by Alderman T. Galloway That the Minutes of the Planning and Economic Development Committee meeting held on May 17, 1993, as mailed to the members, be accepted. Carried 2. CORRESPONDENCE - Nil 3. ECONOMIC DEVELOPERS COUNCIL OF ONTARIO - 1993 ONTARIO MARKETING AWARDS. Ms. V. Gibaut advised the Committee that the Economic Developers Council of Ontario recently held its 1993 Ontario Marketing Awards Competition which featured over 180 entries within 16 categories. She advised the Committee that the City's entries had received the following awards: - The City's Global Opportunities Newsletter won first prize in the newsletter category. - The City's Educational Advantage Advertisement won first prize in the black and white category. - The City's Community Profile won second prize in the special purpose brochure category. HURON BUSINESS PARK EXTENSIONS. The Committee considered a report dated June 1, 1993 from Ms. V. Gibaut recommending that the City grant further extensions to several Offers to Purchase in Huron Business Park. Moved by Alderman T. Galloway Seconded by Alderman B. Stortz That a blanket extension of Clause 2 (b) of the Offer to Purchase to July 1, 1995 be granted to the following purchasers of land which have not constructed buildings to date: Site 84A Site 95 Site 109 Site 131A Berkshire Building Corporation Gedja Holdings Inc. and Lotzmann Holdings Inc. (Finest Sausage & Meat) Matt Strgar and Mario Tomac Hogg Fuel & Supply Limited Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, June 21, 1993. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 101 - JUNE 14, 1993 PD 62~93 - 146 & 150 LANCASTER STREET AND 24 & 26 CHAPEL STREET. - DEMOLITION CONTROL APPLICATION DC 93/03/RM. - WALTER FEDY PARTNERSHIP (BETHANY MISSIONARY CHURCH). PD 53/93 - 24 & 26 CHAPEL STREET. - ZONE CHANGE APPLICATION 92/41/C/VL. - BETHANY MISSIONARY CHURCH. - CENTRE WARD. The Committee was in receipt of Planning and Development Staff Reports PD 62/93 dated May 27, 1993 and PD 53/93 dated May 18, 1993. Staff Report PD 62/93 deals with a Demolition Control Application submitted by Walter Fedy Partnership respecting lands known municipally as 146 & 150 Lancaster Street and 24 & 26 Chapel Street. It was noted in the report that the applicant proposes to demolish four single detached dwellings to construct a new gymnasium and parking for the Bethany Missionary Church located at 160 Lancaster Street. It was also pointed out in the report that the proposed demolitions are not subject to the Rental Housing Protection Act and are not part of the Heritage Building Inventory or Registry even though they are over 50 years old. Staff Report PD 53/93 deals with a Zone Change Application submitted by Bethany Missionary Church to rezone lands known municipally as 24 & 26 Chapel Street. The proposed rezoning is from General Residential (R3) according to By-law 4830 to Neighbourhood Institutional (I-1) according to By-law 85-1. Attached to the staff report was a Proposed By-law dated May 3, 1993 to implement the proposed zoning. It was noted in the report that the subject lands were located on the north side of Chapel Street and consist of two lots municipally addressed as 24 and 26 Chapel Street and that the applicant proposes to re-zone the subject lands to be used for required parking to permit an addition to the existing church. Reference was also made in the report to the fact that the preliminary site plan also illustrates the other two dwellings which are intended to be demolished, being 146 & 150 Lancaster Street East which are intended to accommodate additional parking for the Church and the proposed addition. 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 outlined the purpose of the two staff reports which if approved accommodate a proposal by the Church for a major addition to its existing facility and for the provision of additional parking. He stressed that the zone change relates only to the two properties on Chapel Street. Mr. McCabe indicated that staff had no concerns with respect to the proposal but stated that he would ask the Committee to consider a minor change to the Proposed By-law that reduces the extent of the zone change along the property line of the subject property in regards to a strip of land that the Church now intends to convey to the abutting property owner. Mr. Robert Perrin, 160 Strange Street, appeared as a delegation with regard to his letter dated June 7, 1993, that was circulated with the agenda. He advised that he owned 30 Chapel Street and pointed out that he was not opposed to the zone change but that he had a number of concerns as outlined in his letter respecting the impact of the redevelopment on his property. Accordingly, he requested to be included in the process leading up to site plan approval particularly with respect to the issue of landscaping. An illustration of a portion of the site plan adjacent to Mr. Perrin's property was distributed that outlines setbacks, parking spaces, landscaping and fencing, etc. Mr. T. McCabe assured Mr. Perrin that staff would consult with him in consideration of site plan issues. Mr. Robert Braun, 27 Scott Street, appeared as a delegation along with representatives of the Bethany Missionary Church. Mr. Braun stated that the Church presently has substandard facilities that are prohibiting growth and for that reason has submitted the applications. An approximate model not to scale of the existing facilities and the new addition was shown to the Committee by the delegation. Mr. Braun then commented on the necessity for the demolitions and concerns relative to loss of parking spaces that would result from required road widening dedications. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 102 - JUNE 14, 1993 PD 62~93 - 146 & 150 LANCASTER STREET AND 24 & 26 CHAPEL STREET. - DEMOLITION CONTROL APPLICATION DC 93/03/RM. - WALTER FEDY PARTNERSHIP (BETHANY MISSIONARY CHURCH). PD 53/93 - 24 & 26 CHAPEL STREET. - ZONE CHANGE APPLICATION 92/41/C/VL. - BETHANY MISSIONARY CHURCH. - CENTRE WARD. (CONT'D) No other delegations responded to the Chairman's invitation to address the Committee on this matter. Discussion then took place and it was noted that street widenings would result in the loss of a number of parking spaces. Mr. D. Snow commented that a 10 foot dedication was required off each side of the street to bring a 40 foot right-of-way upto a 60 foot width. Mr. T. McCabe advised that the Official Plan requires conveyance for the widening and he recommended that the City take the widening and allow the owner to use the land as long as the zoning by-law permits. It was mentioned that a similar issue was considered when the Dalton insurance building redevelopment took place and that some accommodation had been reached. Alderman M. Wagner stated that he was opposed to the demolitions on a point of principal and that existing parking lots were being under utilized and more parking spaces in general were not required. Further, he noted that encouragement of the provision of additional parking spaces was in conflict with the City's promotion of Kitchener Transit. Staff Report PD 62/93 was then considered and it was agreed to revise the site plan to delete a strip of land from the Church property that would be added to the property of 30 Chapel Street. The report recommendation, as revised, was then considered. Moved by Alderman B. Stortz Seconded by Alderman G. Lorentz That Demolition Control Application DC 93/03/RM (The Walter Fedy Partnership) requesting approval for the demolition of four single detached dwellings located at 146, 150 Lancaster St. and 24, 26 Chapel St, legally described as Part of Lots 1 and 'A' Brubacher's Survey, Registered Plan No. 363 and Lot 3, Municipal Compiled Plan of Subdivision of Part of Lot 2, German Company Tract be approved subject to the following: a) That Zone Change Application 92/411CNL (Bethany Missionary Church) requesting a change in zoning from General Residential (R3) according to By-law 4830, to Neighbourhood Institutional (I-1) according to By-law 85-1 on the lands described as Part Lot A, and Part Lot 1, Registered Plan 363, be firstly approved. b) That the Site Plan, dated May 14, 1993, as revised June 14, 1993, to delete a 0.61 metre by 20.4 metre strip of land abutting the property to the east municipally addressed as 30 Chapel Street, with the intent that such strip be added as a lot addition to the abutting property, be approved in principle with the final site plan to be approved by the Commissioner of Planning and Development with the following condition included in a Development Agreement pursuant to Section 41 of the Planning Act: "That the applicant for the permit construct and substantially complete the new building to be erected on the site of the residential property proposed to be demolished by not later than such date as the permit specifies, such date being not less than two years from the day demolition of the existing residential property is commenced. Upon failure to complete the new building within two years, the Clerk of the Municipality shall be entitled to enter on the Collector's Roll to be collected in like manner as municipal taxes, the sum of $20,000 for each dwelling unit for which demolition permits have been issued and such sum shall, unit payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued." PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 103 - JUNE 14, 1993 PD 62~93 - 146 & 150 LANCASTER STREET AND 24 & 26 CHAPEL STREET. - DEMOLITION CONTROL APPLICATION DC 93/03/RM. - WALTER FEDY PARTNERSHIP (BETHANY MISSIONARY CHURCH). PD 53/93 - 24 & 26 CHAPEL STREET. - ZONE CHANGE APPLICATION 92/41/C/VL. - BETHANY MISSIONARY CHURCH. - CENTRE WARD. (CONT'D) It is the opinion of this Committee that the approval of this application is proper planning for the City. Carried Staff Report PD 53/93 was then considered and it was agreed to amend the Proposed By-law to reduce the area of the amendment by excluding the strip of land to be conveyed to 30 Chapel Street and to include an additional clause permitting parking spaces within 1.8 metre of the street line. It was also agreed to include a further recommendation that would include a condition in the development proposal in which the applicant agrees to convey road widenings when required by the City. The recommendation, as revised, was then considered. Moved by Alderman B. Stortz Seconded by Alderman G. Lorentz That Zone Change Application 92/411CNL (Bethany Missionary Church) requesting a change in zoning from General Residential (R3) according to By-law 4830, to Neighbourhood Institutional (I- 1) according to By-law 85-1 on the lands described as Part Lot A, and Part Lot 1, Registered Plan 363, be approved in the form shown in the proposed By-law attached, dated May 3, 1993, as revised June 14, 1993, to reduce the area of the amendment by excluding a 0.61 metre by 20.4 metre strip of land abutting the property to the east municipally addressed as 30 Chapel Street and to include an additional clause to permit parking spaces within 1.8 metres of the street line rather than the required 3.0 metres, without conditions. And further, that the relevant condition of the Development Proposal SP 93/22NL (Bethany Missionary Church) be deleted and revised to read as follows: "To convey to the City without costs and free of encumbrances, the road widenings as indicated on the site plan at such time as the City requires same for services, intersection improvements or the actual physical widening of Chapel Street and Lancaster Street East". It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Approved Official Plan. Carried The Chairman advised that these recommendations would be considered by City Council at its meeting to be held on Monday, June 21, 1993. PD 54/93 - 178 WEBER STREET WEST. - ZONE CHANGE APPLICATION 91/13/W/JW. - BARBARA FOELL. - CENTRE WARD. The Committee was advised that the Department of Planning and Development has received an application from Barbara Foell to change the zoning of lands known municipally as 178 Weber Street West. The proposed zoning change is from Semi-Restricted Residential (R2B) to Restricted Commercial (C3) with a special list of uses and special regulation provisions according to By-law 4830. In this regard, the Committee considered Staff Report PD 54/93 dated May 18, 1993 and the Proposed By-law dated May 14, 1993 attached to the report. It was noted in the report that the subject property is comprised of 730 square metres and is occupied by a house which has a gross floor area of approximately 150 square metres and that the applicant intends to rezone the lands to permit a law office by conversion of the existing dwelling. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 104 - JUNE 14, 1993 PD 54/93 - 178 WEBER STREET WEST. - ZONE CHANGE APPLICATION 91/13/W/JW. - BARBARA FOELL. - CENTRE WARD. (CONT'D) 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 reviewed the purpose of the application and requested that a correction be made in the recommendation to Condition #2 so that the site plan date read as January 18, 1993 instead of May 6, 1993. Ms. Barbara Foell appeared as a delegation and indicated support of the recommendation in the report. No other delegations responded to the Chairman's invitation to address the Committee on this matter. The staff report was then considered and the revision to condition #2 as requested by Mr. T. McCabe was agreed to. The recommendation, as revised, was then considered. Moved by Alderman M. Wagner Seconded by Alderman B. Stortz That Zone Change Application 91/13/W/JW (Barbara Foell) requesting a change in zoning from Semi-Restricted Residential (R2B) to Restricted Commercial (C3) with a restriction of use and special regulations according to By-law 4830, on Part of Lots 1, 14, 15 and 16, Registered Plan 264, be approved, in the form shown in the proposed By-law attached, dated May 14, 1993, subject to the following condition being satisfied prior to any readings of the amending zoning by- law by Council. To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk, that all Regional requirements have been satisfied with respect to the proposed zone change. That the Owner improve access to the parking spaces by providing additional asphalt paving and demarcate the parking spaces as noted on the attached site plan dated January 18, 1993, all to the satisfaction of the City's Director of Development. The Owner acknowledges that Conditions 1 and 2 are required to be satisfied no later than seven (7) months from Council having approved the amending zoning by-laws relative to the Zone Change Application 91/13/W/JW by resolution. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. It is the opinion of this Committee that the approval of this application 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 21, 1993. PD 51/93 - 11, 13 & 15 GILDNER STREET. - ZONE CHANGE APPLICATION 921321GIJG. - M. IMRANUL AND N. HAGUE. - VICTORIA PARK WARD. The Committee was advised that the Department of Planning and Development was in receipt of an application from M. Imranul and N. Hague to change the zoning of lands known municipally as 11, 13 and 15 Gildner Street. The proposed rezoning for each property is as follows: - 11 Gildner St.: From Semi-Restricted Residential (R2B) to Semi-Restricted Residential (R2B) with special regulations. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 105 - JUNE 14, 1993 PD 51/93 - 11, 13 & 15 GILDNER STREET. - ZONE CHANGE APPLICATION 921321GIJG. - M. IMRANUL AND N. HAGUE. - VICTORIA PARK WARD. (CONT'D) - 13 Gildner St.: From Semi-Restricted Residential (R2B) to Semi-Restricted Residential (R2B) with special regulations and Restricted Residential (R2) with special regulations. - 15 Gildner St.: From Semi-Restricted Residential (R2) to Semi-Restricted Residential (R2) with special regulations. In this regard, the Committee considered Staff Report PD 51/93 dated May 10, 1992 and the Proposed By-law dated May 11, 1993 attached to the report. It was noted in the report that the applicant requests zoning approval to facilitate the future severance of the property into 3 lots, which have merged in title. The zoning will legalize the existing residential units on each future lot and allow for access to the multiple dwelling lot. 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 staff had nothing further to add to the application which he considered to be of a housekeeping nature. Mr. D. Lishman appeared as a delegation on behalf of the applicant to support the recommendation in the staff report. No other delegations responded to the Chairman's invitation to address the Committee on this matter. Moved by Alderman C. Weylie Seconded by Alderman T. Galloway That Zone Change Application 92/32/G/JG (M. Imranul and N. Hague) requesting a change in zoning from Semi-Restricted Residential (R2B) and Semi-Restricted Residential (R2) to Semi- Restricted Residential (R2B) with special regulations, and Semi-Restricted Residential (R2) with special regulations on Lot 52 and Part Lots 51 and 53, Registered Plan 217, be approved in the form shown in the proposed By-law attached, dated May 11, 1993, subject to the following conditions being satisfied prior to any readings of the By-law by Council. To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk, that all Regional requirements have been satisfied with respect to the proposed development. The Owner acknowledges that Condition 1 is required to be satisfied no later than seven (7) months from Council having approved the amending zoning by-law relative to the Zone Change Application 92/32/G/JG by resolution. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. It is the opinion of this Committee that the approval of this application 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 21, 1993. PD 50/93 - 885 GLASGOW STREET. - ZONE CHANGE APPLICATION 93131GIJG. - NORTHPORT LANDING INC. - WEST WARD. The Committee was advised that the Department of Planning and Development was in receipt of an application from Northport Landing Inc. to rezone lands known municipally as 885 Glasgow Street. The proposed rezoning is from Neighbourhood Institutional (I-1) with a special use PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 106 - JUNE 14, 1993 PD 50/93 - 885 GLASGOW STREET. - ZONE CHANGE APPLICATION 93131GIJG. - NORTHPORT LANDING INC. -WESTWARD. (CONT'D) provision to Convenience Commercial (C-1) with a revised special use provision. In this regard, the Committee considered Staff Report PD 50/93 dated May 11, 1993 in which it was recommended by staff that the application be refused. Alternatively, should the Committee wish to consider approving the application, a Proposed By-law dated April 26, 1993 was attached to the report. It was noted in the report that the subject property is located at the southeast intersection of Fischer-Hallman Road and Glasgow Street on a small parcel of land which was remnant to the construction of Fischer-Hallman Road and that the applicants propose to construct a new building to be used for a freestanding office. 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 staff had nothing to add to the report other than to point out that the Department opposed the application. Mr. P. Dietrich appeared as a delegation on behalf of the applicant to request approval of the Zone Change Application. He commented that it was his view the question of conformity of the intended use of the Official Plan had been dealt with by Committee and Council in February. Mr. Dietrich pointed out that the abutting neighbours agree that the use that was now proposed was more compatible than the original use for the site and are supportive of the new proposal given that it will expedite development of the lands and installation of sidewalks and landscaping, etc. Further, Mr. Dietrich indicated that as a result of Municipal Plan meetings, it was clear that such office uses will likely be approved for this kind of site. He advised the Committee that the tenant whom they were trying to contract with for the site has now abandoned proposed tenancy. However, his client would like to include as many uses as possible for the site. Accordingly, he advised that his client wishes to proceed but could accept deletion of the controversial use respecting Financial Services Establishment and its definition. Mr. T. McCabe confirmed that the new Municipal Plan will support the Financial Services Establishment use referred to by Mr. Dietrich but that presently it does not conform to the current Official Plan. Mr. Michael Weinberg, Mikron Properties, 90 Eglinton Avenue West, Toronto, appeared as a delegation as one of the owners of the Superfresh Plaza situated at Fischer Hallman Road and University Avenue. He also advised that they own a triangular parcel of land nearby that is zoned similarly to the lands of Northport Landing Inc. Mr. Weinberg advised that he had written a letter dated May 7, 1993, objecting to an office use with ancillary financial services under the umbrella of a bank. He noted that when their plaza was proposed and developed, it was done so subject to proper planning criteria and commented that there was no planning rationale to allow those uses on this property. Further, it was no longer urgent to accommodate the request of Northport Landing Inc. since the tenant was no longer interested in the property nor should there be such a wide list of uses permitted. In summary, he pointed out that the new Municipal Plan analysis would address this kind of proposal and that it should be dealt with at that point. No other delegations responded to the Chairman's invitation to address the Committee on this matter. The staff report was then considered and it was agreed to delete reference in the Proposed By-law to Financial Services Establishment and to the definition and to revise the recommendation in the report to reflect this change to the By-law. The recommendation, as revised, was then considered. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 107 - JUNE 14, 1993 PD 50/93 - 885 GLASGOW STREET. - ZONE CHANGE APPLICATION 93131GIJG. - NORTHPORT LANDING INC. -WESTWARD. (CONT'D) Moved by Alderman G. Lorentz Seconded by Mayor D.V. Cardillo That Zone Change Application 93/3/G/JG (Northport Landing Inc.) requesting a change in zoning from Neighbourhood Institutional (I-1) with a special use provision to Convenience Commercial (C- 1) with a revised special use provision on Part of Fisher Road Closed, more particularly described as Parts 2,3,4,5, and 7 on Reference Plan 58R-3464 and Part 1 on Reference Plan 58R-8073, be approved in the form shown in the proposed by-law attached dated April 26, 1993, as revised June 14, 1993 to delete reference to 'Financial Services Establishment' and to delete a definition of 'Financial Services Establishment', without conditions. It is the opinion of this Committee that 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 21, 1993. PD 59~93 - 349 MILL STREET. - ZONE CHANGE APPLICATION 891681MIJW. - 562534 ONTARIO LIMITED. - ROCKWAY ST. MARY'S WARD. The Committee was advised that the Department of Planning and Development was in receipt of an application from 562534 Ontario Limited to change the zoning of lands known municipally as 349 Mill Street. The proposed zoning change is from Semi-Restricted Residential (R2B) according to By-law 4830 to Convenience Commercial (C-1) with a special regulation according to By-law 85-1. In this regard, the Committee considered Staff Report PD 59/93 dated May 18, 1993 which recommends refusal of the application. Alternatively, should the Committee wish to approve the application, a Proposed By-law dated May 7, 1993 was attached to the report. It was noted in the report that the subject property is comprised of 1,940 square metres (20,850 square feet) in area and occupied by an approximate 276 square metre dwelling which is now vacant and has a history of use as an illegal triplex. The applicant intends to rezone the subject lands to permit the use of the existing building and a proposed addition for Convenience Commercial uses and one dwelling unit. 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 reviewed the purpose of the application and pointed out that after analysis staff recommended refusal for a number of reasons as outlined in the staff report. In response to Alderman M. Wagner, Mr. McCabe explained his understanding of Grand River Conservation Authority regulations. He noted that the structure was considered one unit but that it could be converted to a duplex but it was unlikely that the GRCA would issue a permit. Mr. B. Stanley pointed out that the property is affected by the GRCA Flood Plain Policy and that it falls within the the Floodway Policy which prohibits a residential use on the property. A non-residential use could be permissable to the GRCA but it would have to conform to the Official Plan and receive zoning approval. Mr. Ivan Paroski appeared as a delegation representing the owner and pointed out that the property had been used as a triplex use for a number of years. He stated that an approach had been made to the GRCA and they were favourable to some residential use of the property to which residents object. He indicated that the owner wishes to improve the property and had planned a semi-detached use but can not proceed and accordingly the current application was filed. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 108 - JUNE 14, 1993 PD 59/93 - 349 MILL STREET. - ZONE CHANGE APPLICATION 891681MIJW. - 562534 ONTARIO LIMITED. - ROCKWAY ST. MARY'S WARD. (CONT'D) Mr. T. McCabe commented that refusal of the application for a requested use would not justify land use planning by elimination and that the property may be undevelopable. Further, in response to another comment, Mr. McCabe pointed out that the Mill Courtland Official Plan was being reviewed and that would present another forum in which the question of uses pertaining to the property would be considered. Mr. Ralph Johnston, 6 Pattandon Avenue, appeared as a delegation to object to the zone change and support the staff recommendation of refusal. Mr. Johnston recently submitted a petition signed by area residents who object to the application. Mr. Johnston advised that he had lived behind the property for 30 years and that it has been owned by absentee landlords for many years and remained in a slum condition. He commented that an earlier proposal on the property was for a 21 unit apartment building and that now a convenience store was proposed and that the property had been purchased for outright speculation and not maintained by the owner. Mrs. E. Johnston stated that another convenience store was not needed in the area and that access from their street was currently difficult. Mrs. Eileen Pacey, 344 Mill Street, questioned if the property could not be fixed up to its previous residential state. The Committee was also in receipt of another petition signed by area residents objecting to the zone change based on there not being a need for another convenience store and increased traffic flow. No other delegations responded to the Chairman's invitation to address the Committee on this matter. Alderman G. Lorentz questioned if property standards matters were being addressed in respect to this property and advised that property standards maintenance was being partly enforced. The staff report was then considered. Moved by Alderman M. Wagner Seconded by Alderman B. Stortz That Zone Change Application 89/68/M/JW (562534 Ontario Limited) requesting a change in zoning from Semi-Restricted Residential (R2B) to Convenience Commercial (C-1) with a special regulation according to By-law 4830, on Part of Lot 13, Registered Plan 384, be refused. It is the opinion of this Committee that the refusal of this application is proper planning for the City and that the application is not 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 21, 1993. 10. PD 2~93 - PD 123/91 - OPA 89~7 - OPA 90/1 - OPA 92~3 - OPA 92/19 - OPA 88/18 - LAURENTIAN WEST COMMUNITY PLAN, PHASES 1 & 2. LAURENTIAN WEST NEIGHBOURHOOD COMMERCIAL AND HIGH DENSITY RESIDENTIAL. SERVICE COMMERCIAL - FISCHER HALLMAN ROAD AND WESTMOUNT ROAD. CONVENIENCE COMMERCIAL LOCATIONS. LAURENTIAN WEST COLLECTOR ROADS & MAJOR OPEN SPACE. NEIGHBOURHOOD COMMERCIAL WESTMOUNT ROAD & BLOCK LINE ROAD. - LAURENTIAN WEST COMMUNITY PLAN ENVIRONMENTAL REVIEW. Alderman G. Lorentz disclosed a conflict of interest and abstained from all discussion of the Laurentian West Community Plan and related PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 109 - JUNE 14, 1993 10. PD 2~93 - PD 123/91 - LAURENTIAN WEST COMMUNITY PLAN, PHASES 1 & 2. OPA89/7 LAURENTIAN WEST NEIGHBOURHOOD COMMERCIAL AND HIGH DENSITY RESIDENTIAL. - OPA90/1 SERVICE COMMERCIAL - FISCHER HALLMAN ROAD AND WESTMOUNT ROAD. - OPA 92/3 CONVENIENCE COMMERCIAL LOCATIONS. - OPA92/19 LAURENTIAN WEST COLLECTOR ROADS & MAJOR OPEN SPACE. - OPA88/18 NEIGHBOURHOOD COMMERCIAL WESTMOUNT ROAD & BLOCK LINE ROAD. - LAURENTIAN WEST COMMUNITY PLAN ENVIRONMENTAL REVIEW. (CONT'D) Official Plan Amendments as his parents live in the area. The Committee was in receipt of Planning and Development Staff Report PD 2/93 dated May 3, 1993 dealing with a new Community Plan for the Laurentian West Area and associated Official Plan Amendment Applications and Environmental Review of the Community Plan. Staff reports respecting these matters were attached to PD 2/93. Staff Report PD 123/91 deals with the Laurentian West Area which is comprised of a 440 hectare area of mostly undeveloped land on the west side of Kitchener. The community is bounded by the Conestoga Parkway on the north, Trussler Road on the west, Bleams Road on the south and Westmount Road and the proposed Fischer-Hallman Road extension on the east. The original Community Plan was approved in 1979 but implementation was delayed and the Plan has been updated to increase environmental protection, reduce the number of schools, shift the Neighbourhood Shopping centre and eliminate the extension of Block Line Road through the Community. When approved the new Community Plan is to be staged in three phases being: Phase 1 - north of Ottawa Street, Phase 2 - south of Ottawa Street and Phase 3 - west of the Ontario Hydro right-of-way. The report contains recommended policies to guide the development of the Laurentian West Community. Official Plan Amendment Application OPA 89/7 (Laurentian West Neighbourhood Commercial and High Density Residential) would change the location of the Laurentian West Neighbourhood Commercial facility, allow High Density Residential and free standing office uses as part of an expanded town centre concept facing streets like a small downtown, rather than all within a single building. The Amendment would also add an adjacent High Density Residential Designation. Official Plan Amendment Application OPA 90/1 (Service Commercial - Fischer Hallman Road and Westmount Road) would redesignate the lands at the north east corner of the proposed intersection of Westmount Road and Fischer Hallman Road from Low Density Residential to Service Commercial. This would allow for development of an automobile oriented service commercial use in the triangle of land to be formed by the road realignment. Official Plan Amendment Application OPA 92/3 (Convenience Commercial locations) would remove the requirement specifying that Convenience Commercial facilities must locate on arterial roads. Official Plan Amendment Application OPA 92/19 (Laurentian West Collector Roads and Major Open Space) would designate a revised Collector Road network and Major Open Space requirements for the Laurentian West Community. These designations will revise the existing road and open space pattern as a result of the Community Plan review process and the Laurentian West Environmental Study. Official Plan Amendment Application OPA 88/18 (Neighbourhood Commercial - Westmount Road and Block Line Road) would change the Official Plan from Low Density Residential to Neighbourhood Commercial relative to the property situate at the south west corner of the intersection of Block Line Road and Westmount Road. Staff Report PD 2/93 recommends refusal of this application. It was pointed out that notice that the Committee would hold a public meeting this date to consider these matters had previously been given. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 110 - JUNE 14, 1993 10. PD 2~93 - PD 123/91 - LAURENTIAN WEST COMMUNITY PLAN, PHASES 1 & 2. OPA89/7 LAURENTIAN WEST NEIGHBOURHOOD COMMERCIAL AND HIGH DENSITY RESIDENTIAL. - OPA90/1 SERVICE COMMERCIAL - FISCHER HALLMAN ROAD AND WESTMOUNT ROAD. - OPA 92/3 CONVENIENCE COMMERCIAL LOCATIONS. - OPA92/19 LAURENTIAN WEST COLLECTOR ROADS & MAJOR OPEN SPACE. - OPA88/18 NEIGHBOURHOOD COMMERCIAL WESTMOUNT ROAD & BLOCK LINE ROAD. - LAURENTIAN WEST COMMUNITY PLAN ENVIRONMENTAL REVIEW. (CONT'D) Mr. B. Stanley advised that the Community Plan and related amendments represent three years of work which for the first time technical review was undertaken by a Committee of staff and agencies with an interest in this matter rather than by a circulation and written response approach that would document individual issues of concern to staff and outside agencies. Mr. David Corks noted that Phase 1 of the Community Plan had already been dealt with and that Phase 2 would accommodate approximately 15,000 people. He advised that Phase 3 involves the Manheim Regional Water Recharge Facility and is on hold pending final decisions regarding the lands needed for that purpose. He noted that one of the big changes in the proposed Plan is that two major wetlands are being retained. He reviewed other changes that had been in the new Plan and submitted two last minute changes, the first being a revision to Appendix 2 - Architecturally Significant Buildings which corrects the location of 2009 Ottawa Street South and adds a policy 5.5 respecting parkland dedication being extended to include upland forest areas. He distributed documentation relating to each of these revisions. Mr. Corks then illustrated the location of the Official Plan Amendments that were being dealt with in conjunction with the Community Plan. Mr. Greg Schiefele appeared as a delegation representing Gore and Storrie Limited which prepared the Laurentian West Community Plan Environmental Review. Mr. Schiefele noted that existing conditions were primarily rural with no designation of environmentally significant policy areas. He commented on important issues within the Plan and the complex hydrogeology that exists in the area. He pointed out that areas requiring protection were identified in the report and then reviewed the recommendations contained in the Environmental Review. Alderman T. Galloway referred to the Collector Roads shown in the Community Plan and expressed concern with respect to Street D at its location west of the wetlands. He questioned if the width of the right-of-way could be reduced or if it would be better not to extend the street to Ottawa Street. Mr. Schiefele stated that from an environmental point of view only, it would be better not to extend the street to Ottawa Street. Alderman C. Weylie questioned if the tree saving policies were adequate to protect the area and Mr. Schiefele replied that some policies have been implemented effectively but some update of the policy could be done. Mr. T. McCabe advised that an updated tree saving policy was almost ready to be sent out for public comment and noted that a revised policy would be in place before subdivisions in this area were considered for approval. Mr. Dave Smith appeared as a delegation representing Community Expansion Inc. relative to the property situate at the south west corner of Ottawa Street and Fischer Hallman Road to request a commercial office use and staff have advised him that an Official Plan Amendment would be required. Mr. B. Stanley advised that the matter falls within Policy 4.7 of the Community Plan and that staff were agreeable to processing an application for commercial office use. The Committee agreed that this matter should be dealt with following consideration of the recommendations relating to the Community Plan and Official Plan Amendments. Ms. Gail Annets appeared as a delegation in regards to the proposed designation of family owned property situate at the intersection of Bleams Road/VVestmount Road. Ms. Annets indicated that in recent discussion with Mr. D. Corks, she had been assured that they would not have a problem with the Community Plan policies. Mr. Corks has indicated that to satisfy concerns of transit officials, the multiple PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 111 - JUNE 14, 1993 10. PD 2~93 - PD 123/91 - LAURENTIAN WEST COMMUNITY PLAN, PHASES 1 & 2. OPA89/7 LAURENTIAN WEST NEIGHBOURHOOD COMMERCIAL AND HIGH DENSITY RESIDENTIAL. - OPA90/1 SERVICE COMMERCIAL - FISCHER HALLMAN ROAD AND WESTMOUNT ROAD. - OPA 92/3 CONVENIENCE COMMERCIAL LOCATIONS. - OPA92/19 LAURENTIAN WEST COLLECTOR ROADS & MAJOR OPEN SPACE. - OPA88/18 NEIGHBOURHOOD COMMERCIAL WESTMOUNT ROAD & BLOCK LINE ROAD. - LAURENTIAN WEST COMMUNITY PLAN ENVIRONMENTAL REVIEW. (CONT'D) block at the intersection of Bleams Road and Westmount Road may be reoriented if an access road is developed between Bleams Road and Street F. Mr. Bora Bosika appeared as a delegation to express concern about how he was affected in Phase 1. He stated that his property was adjacent to Ottawa Street and the hydro line and that he has a large hill with deposits of gravel that he was not being allowed to remove as the Ministry of Natural Resources had suggested that the location would restrict use of the gravel to local roads and would not be utilized for the widening of Highway #7 that is presently underway. Mr. B. Stanley advised that there were two elements involved in this matter, the first being that Mr. Bosika's lands are not in the immediate path of servicing and secondly that if there was to be gravel extraction, a zone change application and licencing procedure was required. Mr. Bosika stated that his concern was to level his property. Alderman T. Galloway commented that the issues being considered this date do not affect Mr. Bosika; however, he suggested that Mr. Bosika contact Mr. Stanley to arrange a meeting at which alternatives could be reviewed by staff with Mr. Bosika. Mr. P. Britton appeared as a delegation on behalf of clients that own 400 acres within the Community Plan and which represents a large portion of the Plan. He commented that the review process had resulted in a superior plan being developed that in fact does promote environmental features. Alderman M. Wagner referred to Policy 6.8 under Transportation and questioned how it could be implemented. Mr. Britton suggested that the words good street design should replace the words Neo Traditional street design. Mr. D. Smith commented that developers were willing to utilize what aspects they could from Neo Traditional design but that not all land lends itself to the Neo Traditional approach. Alderman T. Galloway questioned Mr. Britton if he thought Collector Road D was absolutely necessary and Mr. Britton replied that he thought it was. In this regard, he pointed out the road was expensive for the developer to install and there was no development yield from both sides of the road but that it was absolutely required for the functioning of the subdivision. Mr. B. Stanley commented that the Community Plan as designed represents the minimum required Collector Road Network. Mr. Mel Code appeared as a delegation representing Max Becker Enterprises Ltd., owners of a 130 acres and advised that his clients were in support of the Community Plan and several Official Plan Amendments. Mr. Ron Schlegel, Max Becker Enterprises Ltd., appeared as a delegation to request that the Committee for the record take note of his February 5, 1993 letter to Mr. D. Corks enclosing a letter dated February 1, 1993 from Terraqua Investigations as his response to hydrogeologic aspects of the Environmental Review and a letter dated January 14, 1993 from Geomatics Interntional dealing with environmental aspects of the Review report. No other delegations responded to the Chairman's invitation to address the Committee on these matters and the Official Plan Amendment Applications were then considered. PLANNING AND ECONOMIC - 112 - JUNE 14, 1993 DEVELOPMENT COMMITTEE 10. PD 2~93 - PD 123/91 - OPA 89~7 - OPA 90/1 - OPA 92~3 - OPA 92/19 - OPA 88/18 - LAURENTIAN WEST COMMUNITY PLAN, PHASES 1 & 2. LAURENTIAN WEST NEIGHBOURHOOD COMMERCIAL AND HIGH DENSITY RESIDENTIAL. SERVICE COMMERCIAL - FISCHER HALLMAN ROAD AND WESTMOUNT ROAD. CONVENIENCE COMMERCIAL LOCATIONS. LAURENTIAN WEST COLLECTOR ROADS & MAJOR OPEN SPACE. NEIGHBOURHOOD COMMERCIAL WESTMOUNT ROAD & BLOCK LINE ROAD. - LAURENTIAN WEST COMMUNITY PLAN ENVIRONMENTAL REVIEW. (CONT'D) Moved by Alderman C. Weylie Seconded by Alderman M. Wagner That City Council approve Official Plan Amendment Application 89~7 (Laurentian West Neighbourhood Commercial & High Density Residential) as outlined: The Official Plan of the City of Kitchener is hereby Amended as follows: 1. Map 1, "Plan for Land Use", is hereby amended as shown on the attached "Schedule A". 2. That Section IV. 11, "Policies for Specific Areas", be Amended by the addition of the following Special Policy no. civ (104): "Notwithstanding the Neighbourhood Commercial Designation on the west side of Fischer Hallman Road at Westmount Road, Low and High Density Residential as well as free standing office uses shall be permitted as part of an expanded town centre concept." It is the opinion of this Committee that the approval of this Amendment to the City's Approved Official Plan is proper planning for the City. Carried Alderman G. Lorentz previously disclosed a conflict of interest and abstained from all discussion and voting respecting this matter as his parents live in the area. Moved by Alderman B. Stortz Seconded by Alderman C. Weylie That City Council approve Official Plan Amendment Application 90/1 (Service Commercial Fischer Hallman Road & Westmount Road) as outlined: The Official Plan of the City of Kitchener is hereby Amended as follows: 1. Map 1, "Plan for Land Use", is hereby amended as shown on the attached "Schedule A". It is the opinion of this Committee that the approval of this Amendment to the City's Approved Official Plan is proper planning for the City. Carried Alderman G. Lorentz previously disclosed a conflict of interest and abstained from all discussion and voting respecting this matter as his parents live in the area. Moved by Alderman M. Wagner Seconded by Mayor D.V. Cardillo That City Council approve Official Plan Amendment Application 92/3 (Convenience Commercial Locations) as outlined: The Official Plan of the City of Kitchener is hereby Amended as follows: 1. Section V.7 Low Density Residential is amended by adding the following paragraph: PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 113 - JUNE 14, 1993 10. PD 2~93 - PD 123/91 - LAURENTIAN WEST COMMUNITY PLAN, PHASES 1 & 2. OPA89/7 LAURENTIAN WEST NEIGHBOURHOOD COMMERCIAL AND HIGH DENSITY RESIDENTIAL. - OPA90/1 SERVICE COMMERCIAL - FISCHER HALLMAN ROAD AND WESTMOUNT ROAD. -OPA 92/3 CONVENIENCE COMMERCIAL LOCATIONS. - OPA92/19 LAURENTIAN WEST COLLECTOR ROADS & MAJOR OPEN SPACE. - OPA88/18 NEIGHBOURHOOD COMMERCIAL WESTMOUNT ROAD & BLOCK LINE ROAD. - LAURENTIAN WEST COMMUNITY PLAN ENVIRONMENTAL REVIEW. (CONT'D) "The requirement for locating these uses on Arterial roads may also be waived in new communities where the facility is part of an overall Community Plan." 2. Section V.8 High Density Residential is hereby Amended as follows: "The requirement for locating these uses on Arterial roads may also be waived in new communities where the facility is part of an overall Community Plan." It is the opinion of this Committee that the approval of this Amendment to the City's Approved Official Plan is proper planning for the City. Carried Alderman G. Lorentz previously disclosed a conflict of interest and abstained from all discussion and voting respecting this matter as his parents live in the area. Alderman T. Galloway advised that he was opposed to OPA 92/19 based on his concern regarding Collector Road D as it was his view it was not acceptable to put a Collector Road through wetland. Alderman B. Stortz noted that a private haulage road already exists where the Collector Road is proposed and Mr. D. Snow clarified that the Collector Road would be adjacent to the wetland and not run through it. As well, he confirmed that the route does follow the route of the existing haulage road and that there was a need for a second means of access to the subdivision and that Collector Road D was selected as the most suitable location having the least impact. Mr. D. Mansell also commented on servicing issues related to the location of Road D. Moved by Alderman B. Stortz Seconded by Alderman C. Weylie That City Council approve Official Plan Amendment Application 92/19 (Laurentian West Collector Roads & Major Open Space) as outlined: The Official Plan of the City of Kitchener is hereby Amended as follows: 1. Map 1, "Plan for Land Use", is hereby amended as shown on the attached "Schedule A". Map 2, "Flood Plain and Environmental Areas", is hereby amended as shown on the attached "Schedule B". Map 3, "Primary Aggregate Resource Area", is hereby amended as shown on the attached "Schedule C". Map 4, "Community Improvement Areas", is hereby amended as shown on the attached "Schedule D". It is the opinion of this Committee that the approval of this Amendment to the City's Approved Official Plan is proper planning for the City. Carried Alderman T. Galloway requested to be recorded as being in opposition to the motion. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 114 - JUNE 14, 1993 10. PD 2~93 - PD 123/91 - LAURENTIAN WEST COMMUNITY PLAN, PHASES 1 & 2. OPA89/7 LAURENTIAN WEST NEIGHBOURHOOD COMMERCIAL AND HIGH DENSITY RESIDENTIAL. - OPA90/1 SERVICE COMMERCIAL - FISCHER HALLMAN ROAD AND WESTMOUNT ROAD. - OPA 92/3 CONVENIENCE COMMERCIAL LOCATIONS. - OPA92/19 LAURENTIAN WEST COLLECTOR ROADS & MAJOR OPEN SPACE. - OPA88/18 NEIGHBOURHOOD COMMERCIAL WESTMOUNT ROAD & BLOCK LINE ROAD. - LAURENTIAN WEST COMMUNITY PLAN ENVIRONMENTAL REVIEW. (CONT'D) Alderman G. Lorentz previously disclosed a conflict of interest and abstained from all discussion and voting respecting this matter as his parents live in the area. Moved by Alderman B. Stortz Seconded by Alderman C. Weylie That Official Plan Amendment Application 88/18 (Neighbourhood Commercial - Westmount Road and Block Line Road) be refused. It is the opinion of this Committee that refusal of this Amendment to the City's Approved Official Plan is proper planning for the City. Carried Alderman G. Lorentz previously disclosed a conflict of interest and abstained from all discussion and voting respecting this matter as his parents live in the area. Moved by Alderman C. Weylie Seconded by Alderman B. Stortz That the 1979 Laurentian West Secondary Plan (Staff Reports PD 41/78, 63/79 and 57/87) be repealed. Carried Alderman G. Lorentz previously disclosed a conflict of interest and abstained from all discussion and voting respecting this matter as his parents live in the area. Staff Report PD 123/91 was then considered and revised in accordance with the earlier request of Mr. D. Corks to include a revised Appendix 2 that corrects the location of 2009 Ottawa Street as an architecturally significant building and adds an additional policy 5.25 relative to parkland dedication being extended to include upland forest areas. The recommendation, as revised, was then considered. Moved by Alderman M. Wagner Seconded by Alderman C. Weylie That the Laurentian West Community Plan, Phases 1 and 2, (Staff Report PD 123/91 - as revised June 14, 1993) be approved as outlined hereunder: The following policies will guide the development of the Laurentian West Community. They will provide the basis for the evaluation of proposals for the subdivision, rezoning and development of the area. 1.0 GENERAL POLICIES 1.1 That the Laurentian West Community Plan shall conform to and implement the Regional Official Policies Plan and the City Of Kitchener Official Plan. 1.2 That the Laurentian West Community Plan Map A-Land Use, shall comprise the land use plan for the Community. 1.3 That development of the Laurentian West Community shall take place in three separate phases. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 115 - JUNE 14, 1993 10. PD 2~93 - PD 123/91 - OPA 89~7 - OPA 90/1 - OPA 92~3 - OPA 92/19 - OPA 88/18 - LAURENTIAN WEST COMMUNITY PLAN, PHASES 1 & 2. LAURENTIAN WEST NEIGHBOURHOOD COMMERCIAL AND HIGH DENSITY RESIDENTIAL. SERVICE COMMERCIAL - FISCHER HALLMAN ROAD AND WESTMOUNT ROAD. CONVENIENCE COMMERCIAL LOCATIONS. LAURENTIAN WEST COLLECTOR ROADS & MAJOR OPEN SPACE. NEIGHBOURHOOD COMMERCIAL WESTMOUNT ROAD & BLOCK LINE ROAD. - LAURENTIAN WEST COMMUNITY PLAN ENVIRONMENTAL REVIEW. (CONT'D) 1.4 1.5 1.6 1.7 That the Laurentian West Community Plan shall, in all respects conform to and reflect all applicable development and implementation standards adopted by the City of Kitchener. Exceptions shall be considered where feasible to implement Neo Traditional urban design. That prior to Draft Plan Approval, any alteration or filling of a watercourse or floodplain, pond or wetland will require a "Fill, Construction and Alteration to Waterway Permit" from the Grand River Conservation Authority prior to any works taking place, registration of Subdivision Plans or approval of severance. That all land use conform to policy 11.9 of the Regional Official Policies Plan as described in Amendment No.4 to the Official Plan for the Region of Waterloo. This Amendment implements land use controls to protect groundwater resources in the Mannheim Artificial Recharge Area. That Net Residential Density be calculated by dividing the number of residential units by the area of residential land. Residential land includes all internal roads, one half bounding roads and one quarter of boundary intersections but does not include bounding trunk roads. 2.0 RESIDENTIAL 2.1 That a wide range of housing types be provided to satisfy varying housing needs. The intended housing mix in the Laurentian West Community shall consist of approximately 25% to 40% multiple residential units. 2.2 That to encourage a variety of housing forms, residential land use designations shall be based on density as well as structure type. Where appropriate, integration of residential densities shall be encouraged throughout the community. 2.3 That the Large Lot Residential category permit a maximum density range of 12.5 units per hectare. Further to Policy 5.10 of this plan and Policy IV. 11.xvii of the Official Plan, these lands, indicated by an asterisk on Map A, are currently designated as Open Space and are subject to an environmental impact study prior to development. 2.4 That the Low Density Residential category permit singles, semis, duplexes and street townhouses at a maximum net residential density of 25 units per hectare. 2.5 That the Multiple Residential (40uph) category permit multiple dwellings at three units and above at a residential density range of 26 to 40 units per hectare. 2.6 That the Multiple Residential (100uph) category permit multiple dwellings at three units and above at a residential density range of 41 to 100 units per hectare. 2.7 That the Multiple Residential (200uph) category permit multiple dwellings at three units and above at a residential density range of 101 to 200 units per hectare. 2.8 That housing be permitted above street level Convenience Commercial uses at a maximum density of 40 units per hectare. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 116 - JUNE 14, 1993 10. PD 2~93 - PD 123/91 - OPA 89~7 - OPA 90/1 - OPA 92~3 - OPA 92/19 - OPA 88/18 - LAURENTIAN WEST COMMUNITY PLAN, PHASES 1 & 2. LAURENTIAN WEST NEIGHBOURHOOD COMMERCIAL AND HIGH DENSITY RESIDENTIAL. SERVICE COMMERCIAL - FISCHER HALLMAN ROAD AND WESTMOUNT ROAD. CONVENIENCE COMMERCIAL LOCATIONS. LAURENTIAN WEST COLLECTOR ROADS & MAJOR OPEN SPACE. NEIGHBOURHOOD COMMERCIAL WESTMOUNT ROAD & BLOCK LINE ROAD. - LAURENTIAN WEST COMMUNITY PLAN ENVIRONMENTAL REVIEW. (CONT'D) 2.9 That housing be permitted in the Neighbourhood Commercial complex. All forms of residential uses up to 200 units per hectare will be allowed. 2.10 That residential development and landscaping give consideration to energy policies contained in the Official Plan. 2.11 That multiple residential sites be encouraged where natural features such as topography or woodlots would be best accommodated or preserved by fewer buildings rather than extensive site coverage with one and two unit dwellings. 2.12 That no new Large Lot or Low Density Residential lots have direct access onto Bleams Road, Westmount Road or Ottawa Street. 3.0 3.1 3.2 3.3 3.4 3.5 3.6 INSTITUTIONAL That a Community Institutional site be located on Ottawa Street immediately west of the easterly Ontario Hydro right-of-way. This designation makes provision for mixed institutional and residential uses with limited convenience commercial facilities. This permits uses such as large residential care, health clinics, day care, social services, educational and religious uses as well as residential uses permitted in Policies 2.4 and 2.5. That Neighbourhood Institutional uses be located as shown on Map A. This allows such uses as schools, day care and small residential care facilities. That a public elementary school site of approximately 3.5 hectares be located adjacent to the Laurentian Wetlands on Street D. That a public elementary school site of approximately 3.0 hectares be located in the southeast area of the Laurentian West Community as shown on the attached schedule. That a separate elementary school of approximately 3.2 hectares be located adjacent to the Laurentian Wetlands on Street D. That should any designated school site not be required or declared surplus, alternate land uses will be restricted to singles, semis, duplexes or Neighbourhood Institutional uses. 4.0 4.1 4.2 4.3 COMMERCIAL That a Service Commercial facility and free standing offices, designed for commuter traffic and containing uses unsuitable for inclusion in shopping centres, be located immediately west of Fischer-Hallman Road, between the Conestoga Parkway and Ottawa Street South. That a Service Commercial facility, designed for commuter traffic and containing uses unsuitable for inclusion in shopping centres, be located north of the intersection of Fischer- Hallman Road and Westmount Road. That a Neighbourhood Commercial site be located on Street F at Fischer-Hallman Road. A major food store is intended to be the principal tenant of this centre. Residential uses up to 200 units per hectare, Community Institutional, park and office uses will also be allowed to implement a multi use town centre concept. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 117 - JUNE 14, 1993 10. PD 2~93 - PD 123/91 - OPA 89~7 - OPA 90/1 - OPA 92~3 - OPA 92/19 - OPA 88/18 - LAURENTIAN WEST COMMUNITY PLAN, PHASES 1 & 2. LAURENTIAN WEST NEIGHBOURHOOD COMMERCIAL AND HIGH DENSITY RESIDENTIAL. SERVICE COMMERCIAL - FISCHER HALLMAN ROAD AND WESTMOUNT ROAD. CONVENIENCE COMMERCIAL LOCATIONS. LAURENTIAN WEST COLLECTOR ROADS & MAJOR OPEN SPACE. NEIGHBOURHOOD COMMERCIAL WESTMOUNT ROAD & BLOCK LINE ROAD. - LAURENTIAN WEST COMMUNITY PLAN ENVIRONMENTAL REVIEW. (CONT'D) 4.4 4.5 4.6 4.7 That Convenience Commercial facilities be located as shown on Map A. Section V.7 of the Official Plan provides the Iocational criteria for these uses with regard to size, configuration, access and land use compatibility. Housing will be permitted above these facilities at a maximum density range of 40 units per hectare. That a distribution of more, smaller, Convenience Commercial sites be encouraged to bring them into walking distance of the majority of residents. That further to Policy 1.6, commercial uses in the Laurentian West Community within the Regional Official Policies Plan Amendment No.4 area which may discharge contaminants into the water table are prohibited. Examples include service stations, vehicle maintenance and service yards and any use involving the storage or processing of oil, gasoline or chemical products. That despite the designation of Low Density Residential on the property at the South West corner of Fischer Hallman Road and Ottawa Street, these lands are considered unsuitable for residential uses due to their location at a major intersection. Commercial, institutional and office uses may be considered for this site as part of a comprehensive site specific proposal if proved compatible. 5.0 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 NATURAL ENVIRONMENT AND PARKS That park dedication from residential land be calculated as 5% of land to be subdivided or one hectare per 300 units, whichever is greater, with an option for cash payment in lieu of land conveyance. That park dedication from institutional land be calculated as 5% of land to be subdivided. That park dedication from commercial land be calculated as 2% of land to be subdivided. That all hazard lands and wetlands identified as Open Space on Map A, including suitable buffers, be designated as open space and reserved from development. These lands shall not be considered as part of the 5% park dedication. That open space links be established between the Borden and Laurentian Wetlands, schools, parks, and recreational facilities to provide an open space walkway and cycling network throughout the community, in keeping with Official Plan Policy IV.8. ix. That a district park of approximately 4 hectares be located south of the Laurentian Wetlands adjacent to the public and separate elementary schools on Street D. That a neighbourhood park of approximately 2 hectares be located on Street A. That a neighbourhood park of approximately 2 hectares be located in the south west area of the Community adjacent to the proposed public elementary school. 5.9 That a tot lot be located east of Fischer Hallman Road south of Block Line Road. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 118 - JUNE 14, 1993 10. PD 2~93 - PD 123/91 - LAURENTIAN WEST COMMUNITY PLAN, PHASES 1 & 2. OPA89/7 LAURENTIAN WEST NEIGHBOURHOOD COMMERCIAL AND HIGH DENSITY RESIDENTIAL. - OPA90/1 SERVICE COMMERCIAL - FISCHER HALLMAN ROAD AND WESTMOUNT ROAD. - OPA 92/3 CONVENIENCE COMMERCIAL LOCATIONS. - OPA92/19 LAURENTIAN WEST COLLECTOR ROADS & MAJOR OPEN SPACE. - OPA88/18 NEIGHBOURHOOD COMMERCIAL WESTMOUNT ROAD & BLOCK LINE ROAD. - LAURENTIAN WEST COMMUNITY PLAN ENVIRONMENTAL REVIEW. (CONT'D) 5.10 That the Laurentian West Community Plan recognize three significant natural resources; the Laurentian Wetlands, the Borden Wetlands and the forest on the south side of Ottawa Street between Street D and the Ontario Hydro right-of-way. 5.11 That the Laurentian and Borden Wetlands be recognized as being of local significance and preserved in their existing state as much as possible. 5.12 That the width of the buffers around the wetlands shall be determined by policies in the Laurentian West Environmental Review as well as by submission of an Environmental Implementation Plan during the draft plan of Subdivision process. 5.13 That further to Official Plan Policy IV. 11.xvii, the woodlot on the south side of Ottawa Street west of Street D will be subject to an Environmental Impact Study to regulate the impact of any development within this area. 5.14 That a walkway link be built between the two Ontario Hydro rights-of-way and adjacent to the Conestoga Parkway. 5.15 That with the approval of Ontario Hydro and the local electrical utility, the hydro rights-of-way be utilized as open space linkage to connect the Laurentian West Community to the City's walking and cycling paths. 5.16 That the cost of primary walk links and bridges providing direct links to schools, parks and transit be paid for by the developers. 5.17 That in implementing the Laurentian West Environmental Review, priority shall be given to protection of the larger Borden and Laurentian Wetlands through consolidation of the Open Space areas to provide a suitable buffer around these two major wetlands. 5.18 That to accomplish Policy 5.17 and accommodate the collector road system, certain outlying wetland pockets identified in the Laurentian West Environmental Review as permitting intrusion are not identified as Open Space in the Community Plan. As such, they may be developed subject to standard tree saving measures as outlined in Policy 5.19. 5.19 That the Laurentian West Master Drainage Plan as well as the Laurentian West Environmental Review, specifically the recommendations contained in Section 6 and 8 and illustrated on Figure 6-1 of the Laurentian West Environmental Review, upon approval by City Council, be the governing documents in all matters related to protection and maintenance of the woodlots, wetlands and other natural features within the Community. 5.20 That at the time of submission of Draft Plan of Subdivision, the developer submit an environmental overview of treed areas. Further, prior to any site grading or tree removal, the developer submit a Grading and Tree Saving Plan in accordance with the City's Tree Saving Policies. This plan will describe treed areas to be saved and methods by which treed areas will be protected. These areas will be inspected by the Department of Planning and Development. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 119 - JUNE 14, 1993 10. PD 2~93 - PD 123/91 - LAURENTIAN WEST COMMUNITY PLAN, PHASES 1 & 2. OPA89/7 LAURENTIAN WEST NEIGHBOURHOOD COMMERCIAL AND HIGH DENSITY RESIDENTIAL. - OPA90/1 SERVICE COMMERCIAL - FISCHER HALLMAN ROAD AND WESTMOUNT ROAD. - OPA 92/3 CONVENIENCE COMMERCIAL LOCATIONS. - OPA92/19 LAURENTIAN WEST COLLECTOR ROADS & MAJOR OPEN SPACE. - OPA88/18 NEIGHBOURHOOD COMMERCIAL WESTMOUNT ROAD & BLOCK LINE ROAD. - LAURENTIAN WEST COMMUNITY PLAN ENVIRONMENTAL REVIEW. (CONT'D) 5.21 That prior to grading on any site, the developer shall prepare plans to illustrate how topsoil or silt will be prevented from entering any wetland or water body. These plans shall be approved by the Grand River Conservation Authority, Ministry of Natural Resources and Public Works prior to grading and construction. 5.22 That prior to the beginning of grading, a temporary fence be installed along the boundaries of all areas of environmental sensitivity, with signs placed every 45 metres stating that there will be no dumping or fill within the enclosed area. 5.23 That where feasible, existing topography and vegetation be incorporated into the design and development of the Laurentian West Community. 5.24 That further to Policy 1.7, the Region of Waterloo will review all subdivision drainage plans to ensure compatibility with the Manheim Water recharge Facility. 5.25 That upland forest areas, excluding required wetland buffer areas, forming part of the Borden and Laurentian Open Space designations are eligible and will be considered as part of satisfying the 5% park dedication or dedication of one hectare of park per 300 units; provided that all active neighbourhood and district park requirements, as identified in 5.6 to 5.8 of this Plan, have first been satisfied by the required park dedication for each respective subdivision. 6.0 TRANSPORTATION 6.1 That transportation choices be provided for residents in the community through street design providing alternate routing, bicycle and pedestrian links. 6.2 That a street pattern be developed that discourages traffic cutting through the community while allowing route choices for internal traffic. Neo traditional street designs or other innovative street layouts are encouraged. 6.3 That the planning, design and construction of all roads and walkways within Laurentian West be accomplished with regard to protection of existing environmental features. 6.4 That Fischer Hallman Road extension be recognized as Regional Road No.58 and be designed as a controlled access primary road. 6.5 That Ottawa Street South be recognized as Regional Road No.4 and be designated as a primary road with a right-of-way of 30.5 metres. 6.6 That Bleams Road be recognized as Regional Road No.56 and designed as a primary road with a right of way of 30.5 metres. 6.7 That all collector roads be designed with a standard right of way of 20 metres. An increase to 26m may be required where necessary. 6.8 That local roads be designed with a standard right of way of 20 metres. Reductions in accordance with Council Policy will be considered for minor roads, cul de sacs and to implement neo-traditional street design. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 120 - JUNE 14, 1993 10. PD 2~93 - PD 123/91 - OPA 89~7 - OPA 90/1 - OPA 92~3 - OPA 92/19 - OPA 88/18 - LAURENTIAN WEST COMMUNITY PLAN, PHASES 1 & 2. LAURENTIAN WEST NEIGHBOURHOOD COMMERCIAL AND HIGH DENSITY RESIDENTIAL. SERVICE COMMERCIAL - FISCHER HALLMAN ROAD AND WESTMOUNT ROAD. CONVENIENCE COMMERCIAL LOCATIONS. LAURENTIAN WEST COLLECTOR ROADS & MAJOR OPEN SPACE. NEIGHBOURHOOD COMMERCIAL WESTMOUNT ROAD & BLOCK LINE ROAD. - LAURENTIAN WEST COMMUNITY PLAN ENVIRONMENTAL REVIEW. (CONT'D) 6.9 That where appropriate, on street parking be considered adjacent to commercial or other traffic oriented uses within the road right of way. 6.10 That recognition be given to the future interchange at Trussler Road and the Conestoga Parkway. 6.11 That provision be made for an east west collector road connecting Street E with Phase 3 of the Plan. This option will only be implemented if urban development is considered on the Mannheim Water Recharge Facility lands. The location of this road will be determined at the time of draft plan of subdivision adjacent to Street E. 6.12 That in the development of a transportation network, primary consideration be given to alternate forms of transportation. These would include public transit, walking and cycling through measures such as: · The creation of routes and links appropriate to these alternate transportation forms. The use of site planning and urban design techniques to foster attractive pedestrian streetscapes and environments. Minimizing walking distances from housing to schools, transit stops, parks, open space and commercial facilities. 7.0TRANSIT 7.1That public transit in Laurentian West be recognized as an essential service. Accordingly, community design shall conform to the Subdivision Design Guidelines of Kitchener Transit. 7.2That a transit terminal be located in the Neighbourhood Commercial facility at Fischer Hallman Road and Westmount Road. 7.3That site design in Laurentian West have regard for convenient and safe pedestrian access between buildings and on street transit facilities. 7.4That consideration be given to reduced building setback or off street transit facilities for large transit generators. 7.5That land uses generating higher transit usage such as commercial or institutional uses be located adjacent to transit routes. 7.6That local streets and walkways be designed to provide convenient and direct pedestrian access to transit routes. 8.0SERVICING AND UTILITIES 8.1That all new development in Phases 2 and 3 be serviced by municipal water, sanitary and storm sewers. 8.2That the Laurentian West Environmental Review and the Laurentian West Master Drainage Plan be the governing documents with regard to stormwater management plans for the Community. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 121 - JUNE 14, 1993 10. PD 2~93 - PD 123/91 - OPA 89~7 - OPA 90/1 - OPA 92~3 - OPA 92/19 - OPA 88/18 - LAURENTIAN WEST COMMUNITY PLAN, PHASES 1 & 2. LAURENTIAN WEST NEIGHBOURHOOD COMMERCIAL AND HIGH DENSITY RESIDENTIAL. SERVICE COMMERCIAL - FISCHER HALLMAN ROAD AND WESTMOUNT ROAD. CONVENIENCE COMMERCIAL LOCATIONS. LAURENTIAN WEST COLLECTOR ROADS & MAJOR OPEN SPACE. NEIGHBOURHOOD COMMERCIAL WESTMOUNT ROAD & BLOCK LINE ROAD. - LAURENTIAN WEST COMMUNITY PLAN ENVIRONMENTAL REVIEW. (CONT'D) 8.3 8.4 8.5 That with the approval of Ontario Hydro, the local electrical utility and the City of Kitchener, the hydro rights-of-way be may used in conjunction with adjacent land uses. That the Regional Mannheim Artificial Recharge project be recognized as a dominant municipal feature of the Community. The facilities for recovery, filtration and injection of water from the Grand River shall dominate the area of the Community west of the Ontario Hydro right-of-way in Phase 3. That recognition be given to the Union Gas transmission line crossing north westerly through the east side of the Community. 9.0 9.1 9.2 9.3 NOISE That the Conestoga Parkway, Bleams Road, Ottawa Street South, Fischer-Hallman Road and the internal collector roads be recognized for their potential to generate excessive noise. That attention be given to noise attenuation on land located near the corridors of the Conestoga Parkway, Ottawa Street South and Fischer-Hallman Road. That site planning, acoustical barriers, architectural design and building construction features be utilized in attenuating noise impact. 10.0 HERITAGE RESOURCES 10.1 That recognition be given to potential significant archaeological sites within the plan area. Provision is hereby made for any required study and possible designation of such sites under the provisions of The Ontario Heritage Act prior to development or grading. 10.2 That recognition be given to the buildings in Laurentian West which are listed on the Inventory of Significant Buildings approved by City Council on recommendation of the Local Architectural Conservation Advisory Committee. Preservation of these buildings shall be considered at the time of adjacent land use plans. Prior to development taking place, provision is made for any required study and possible designation of such buildings under the Ontario Heritage Act. 10.3 That recognition be given to potential archaeological sites within the community. Prior to development, provision is made for any required study and possible designation of such sites under the Ontario Heritage Act. 10.4 That further to policy IV. 11.1xxiv of the Official Plan, any development of property evaluated as having a moderate to high archaeological potential shall be preceded by a resource assessment. 10.5 That further to Policy IV. 14. ii of the Kitchener Official Plan, consideration be given to the effects of public works on the heritage resources of the Community. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 122 - JUNE 14, 1993 10. PD 2~93 - PD 123/91 - OPA 89~7 - OPA 90/1 - OPA 92~3 - OPA 92/19 - OPA 88/18 - LAURENTIAN WEST COMMUNITY PLAN, PHASES 1 & 2. LAURENTIAN WEST NEIGHBOURHOOD COMMERCIAL AND HIGH DENSITY RESIDENTIAL. SERVICE COMMERCIAL - FISCHER HALLMAN ROAD AND WESTMOUNT ROAD. CONVENIENCE COMMERCIAL LOCATIONS. LAURENTIAN WEST COLLECTOR ROADS & MAJOR OPEN SPACE. NEIGHBOURHOOD COMMERCIAL WESTMOUNT ROAD & BLOCK LINE ROAD. - LAURENTIAN WEST COMMUNITY PLAN ENVIRONMENTAL REVIEW. (CONT'D) 11.0 AGGREGATE RESOURCES 11.1 That recognition be given to the aggregate resources underlying the westerly portion of the Community. Extraction of aggregate within the area designated "Primary Aggregate Resource Area" on Official Plan Map No.3 in the Laurentian West Area shall conform to Official Plan Policies in Section IV. 13. Carried Alderman G. Lorentz previously disclosed a conflict of interest and abstained from all discussion and voting respecting this matter as his parents live in the area. Moved by Alderman C. Weylie Seconded by Alderman M. Wagner That the Laurentian West Community Plan Environmental Review report dated April 1993 and recommendations, prepared by Gore and Storrie Limited, be approved. Carried Alderman G. Lorentz previously disclosed a conflict of interest and abstained from all discussion and voting respecting this matter as his parents live in the area. The Chairman advised that all the recommendations pertaining to the Laurentian West area would be considered by City Council at its meeting to be held on Monday, June 21, 1993. 11. REQUEST FOR DIRECTION RE PROCESSING - COMMUNITY EXPANSION INC. - OFFICIAL PLAN AMENDMENT AND ZONE CHANGE APPLICATION. - SOUTH WEST CORNER OF FISCHER HALLMAN ROAD AND OTTAWA STREET The Committee then dealt with the matter raised earlier in the meeting by Mr. Dave Smith now that Official Plan Amendments within Laurentian West had been considered. Moved by Alderman M. Wagner Seconded by Alderman C. Weylie That Applications for Official Plan Amendment and Zone Change from Community Expansion Inc. to accommodate commercial office development on lands generally bounded by the south-west corner of the intersection of Fischer-Hallman Road, Grove Drive to the south and a Kitchener- Wilmot Hydro substation to the west, be accepted for processing with the clear understanding that processing does not imply acceptance or rejection of the applications. Carried Alderman G. Lorentz previously disclosed a conflict of interest and abstained from all discussion and voting respecting this matter as his parents live in the area. The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, June 21, 1993. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 123 - JUNE 14, 1993 12. PD 60~93 - WESTMOUNT ROAD AT BLOCK LINE ROAD. - ZONE CHANGE APPLICATION 92/3/W/CL. - SUBDIVISION APPLICATION 30T-92012. - 781081 ONTARIO LIMITED. - SOUTH WARD. The Committee was advised that the Department of Planning and Development was in receipt of a Zone Change Application and Subdivision Application from 781081 Ontario Ltd. with regard to a parcel of land situated at the south west intersection of Westmount Road and Block Line Road. The zoning change proposed is from Township Agriculture (Twp. A) according to By-law 878A to Semi-Restricted Residential (R2B) with a restriction of use and special regulations and Park, Public Open Space (P) all according to By-law 4830. In this regard, the Committee considered Staff Report PD 60/93 dated May 17, 1993 and the Proposed By-law dated May 27, 1993 attached to the report. It was noted in the report that the subject lands comprise approximately 7.1 hectares of land which are located in the triangular area bounded by Westmount Road, the future extension of Fisher-Hallman Road and the future extension of Block Line Road as a local road to service this area. It was stated in the report that applicant proposes to rezone the 17 acre parcel of land to facilitate the development of a subdivision consisting of 55 lots for single detached dwellings or semi-detached dwellings, 1 future development block, 1 park block, and an emergency access/drainage block. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Ms. C. Ladd commented on several joint development issues which were discussed in the staff report relating to road patterns, access to adjacent lands and stormwater management. She asked that the Committee take note of recommendation "D" relative to responsibility for costs to upgrade the culvert under Westmount Road for the Borden Greenway. Ms. Ladd requested that a standard tree saving condition be added to the recommendations pertaining to subdivision conditions. Alderman T. Galloway pointed out that concerns have been expressed about processing this zone change application in isolation from development of adjacent lands and he questioned how suggestions were being dealt with. Ms. Ladd advised that staff have tried to deal with issues on a one by one basis that were raised earlier under various development proposals. She stated that there was no technical or functional reason why the subdivision could not be processed and that staff were satisfied that the development would not restrict development of adjacent westerly lands. Mr. T. McCabe noted that the Subdivision Plan could not proceed until detailed engineering was finalized. Mr. Kevin Eby, Region of Waterloo, advised that the exact location of Fischer Hallman Road had to be determined before lands to the west could be developed; however, he was satisfied with the subject subdivision proceeding. Mr. Eby stated that in reality there was little flexibility for shifting of the Fischer Hallman Road extension. Mr. P. Britton appeared as a delegation on behalf of J. Cybalski in support of the recommendation in the staff report. He reviewed earlier development proposals and noted that they had worked toward resolution of stormwater management issues. Mr. Britton pointed out that development of the westerly portion of his clients' lands was not proceeding, so as to protect development options of the adjacent lands of Max Becker Enterprises Ltd. Messrs R. Schlegel and M. Code appeared as a delegation relative to the lands of Max Becker Enterprises Ltd. It was pointed out that their lands were an isolated triangle constricted on two sides and that they did not have the flexibility to come forward with a Subdivision Plan at this time. Mr. Schlegel referred to his letter dated January 21, 1993 which was mentioned earlier under the Laurentian West discussion. He noted that if processing would be accepted, a Draft Plan could be ready within 10 days. Mr. M. Code distributed a letter dated June 14, 1993 requesting revisions to Subdivision 30T- 92012 to accommodate development of the Max Becker Enterprises' lands. Mr. P. Britton responded to the points raised in Mr. Code's letter. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 124 - JUNE 14, 1993 12. PD 60~93 - WESTMOUNT ROAD AT BLOCK LINE ROAD. - ZONE CHANGE APPLICATION 92/3/W/CL. - SUBDIVISION APPLICATION 30T-92012. - 781081 ONTARIO LIMITED. - SOUTH WARD. (CONT'D) Further discussion of these issues took place. It was suggested that the Committee agree to approve the subject applications provided the issues raised in Mr. Code's letter were clarified for the June 21 st Council Meeting. The recommendations in the staff report were then considered, and it was agreed to revise the Subdivision Application by adding the standard tree saving condition requested by staff. The recommendations, as revised, were then considered. Moved by Alderman C. Weylie Seconded by Alderman M. Wagner (A) That Zone Change Application 92/3/VV/CL (781081 Ontario Ltd.) requesting a change in zoning from Township Agriculture (Twp. A) according to By-law 878A to Semi-Restricted Residential (R2B) with special uses and special regulations and Park, Public Open Space (P) all according to By-law 4830, on Lot 7, Registrar's Complied Plan 1470, be approved, in the form shown in the "Proposed By-law" attached dated May 27, 1993 subject to the subdivision conditions listed in (B) below: It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Approved Official Plan. (B) That Subdivision Application 30T-92012 (781081 Ontario Ltd.) be recommended to the Regional municipality of Waterloo for Draft Approval, subject to the following conditions: That the Subdivider enter into a Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached plan of subdivision, and the following special conditions shall be written therein. The Subdivider covenants and agrees: 50. That the final plans for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated 93 05 17, providing that minor amendments to said plans, acceptable to the Commissioner of Planning and Development and not affecting the numbering of lots and blocks may be permitted without an amendment to this agreement. 51. The Subdivision shall be registered in two stages, with Stage 1 consisting of Lots 1 to 55 inclusive, and Blocks 56 to 59 inclusive, and Stage 2 shall consist of Block 1 as shown on the Plan of Subdivision attached. The registration of Stage 2 of the Plan of Subdivision shall not occur until such time as the westerly abutting lands, currently owned by Max Becker Enterprises Ltd., have received draft approval from the Regional Municipality of Waterloo o_r a Zone Change is approved by City Council in the event a plan of subdivision is not required for development of said westerly abutting lands. 52. To submit a Lot Grading and Drainage Control Plan for the approval of the Commissioner of Public Works, the Department of Parks and Recreation, the Regional Municipality of Waterloo and the Grand River Conservation Authority, with the Plan to be approved by those affected agencies prior to registration of each stage of the Subdivision Plan. 53. To submit for the approval of the City's Commissioner of Public Works in consultation with the City's Department of Parks and Recreation, the Regional Municipality of Waterloo and the Grand River Conservation Authority, a detailed engineering design for storm water management in accordance with the approved concept plan. Said engineering design shall include provision for any PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 125 - JUNE 14, 1993 12. PD 60~93 - WESTMOUNT ROAD AT BLOCK LINE ROAD. - ZONE CHANGE APPLICATION 92/3/W/CL. - SUBDIVISION APPLICATION 30T-92012. - 781081 ONTARIO LIMITED. - SOUTH WARD. (CONT'D) required erosion and siltation control features to be installed both during and after construction of the Plan of Subdivision. Further, the Subdivider agrees to implement all required measures as outlined in the approved final plan. 54. That the street names within the Plan of Subdivision including the renaming of Block Line Road west of Westmount Road, shall be approved by City Council prior to registration of each stage of the Plan of Subdivision. 55. 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. 56. To construct 1.5 metre wide concrete sidewalks along both sides of Street One, one side of Street Two and along the southerly side of Westmount Road abutting the limits of the plan of subdivision, to the satisfaction of the City's Commissioner of Public Works. 57. To convey to the City of Kitchener, at no cost and free of encumbrance, the following lands concurrently with the registration of Stage 1 of the plan of subdivision: a) Block 56 for park purposes; b) Block 57 for an emergency access/drainage corridor. c) Block 59 for a 0.3 metre reserve. 58. To construct, at its cost and to the satisfaction of the Commissioner of Public Works, prior to the issuance of any building permits, an emergency vehicular access within Block 57 from Street One to Westmount Road. This access and design shall include a knockdown barrier in order to prevent through traffic between these two streets. 59. That the conveyance of Block 56 (Stage 1) shall satisfy 0.144 hectares of the total 0.356 hectare parkland dedication required. The remainder shall be required as a cash contribution from the Subdivider to the City of Kitchener Park Trust Fund Account in lieu of land for park purposes and in fulfilment of the Planning Act's requirement. Said contribution shall be equivalent to the value of 0.212 hectares, with said value and contribution being determined as of the day before the day of draft approval and paid immediately prior to the registration of the plan of subdivision. 60. To fill, compact and grade in both preliminary and finished form, topsoil and seed/sod Block 56 (Stage 1) to the satisfaction of, the Department of Parks and Recreation; to be completed in conjunction with the grading of surrounding residential development, not to exceed two years from the registration of the subdivision plan or at an alternate time approved in writing by the Commissioner of Parks and Recreation. 61. To provide planting strips having a minimum width of 4.6 metres and a 1.8 metre high chain link fence at the rear of all lots abutting Westmount Road. Such planting strips and fencing are to be developed at the Subdivider's cost in accordance with plans/drawings approved by the City's Department of Planning and Development, prior to the issuance of any building permits within the subdivision plan. The Subdivider further agrees that said planting strips and fencing shall be installed within the affected lots prior to the transfer of title of such lots to the first occupant, or in the event of winter conditions shall be installed by June 1, immediately following such transfer of title. Furthermore, the Subdivider agrees to attach the approved planting plan to all Offers of Purchase and Agreements of Purchase and Sale PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 126 - JUNE 14, 1993 12. PD 60~93 - WESTMOUNT ROAD AT BLOCK LINE ROAD. - ZONE CHANGE APPLICATION 92/3/W/CL. - SUBDIVISION APPLICATION 30T-92012. - 781081 ONTARIO LIMITED. - SOUTH WARD. (CONT'D) and/or Rental Agreements for lots in which the required planting strip has not been installed due to winter conditions. It is acknowledged that the fencing of lands adjacent to Westmount Road shall be subject to the requirements of the Regional Municipality of Waterloo; and that if physical noise barriers are required in accordance with Section 49 hereof, installation of said barriers shall substitute for the planting strip requirement. 62. To pair all residential driveways for all single detached housing with less than 9.1 metres of lot width within the plan, where possible, in order to maximize on-street parking opportunities and boulevard landscaping areas. In this regard, prior to the issuance of any building permits for such housing within the subdivision, the Subdivider is required to submit a plan showing lotting, building envelopes, and driveway locations to be approved by the City's Director of Development. 63. That construction traffic to and from the proposed subdivision shall be restricted to Westmount Road. Construction traffic shall be prohibited from using Block Line Road east of Westmount Road. 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. 64. That the Subdivider acknowledge that the storm culvert for the Borden Greenway at Westmount Road must be upgraded in order to accommodate the development of Stage 1 of this Plan of Subdivision. In this regard, the Subdivider acknowledges that there is insufficient monies available in the City's Lot Levy Reserve Account to allow the City to fund the works and agrees to construct said works at its cost. In this regard, the City recognizes that it will be responsible for 100% of the costs for the culvert. The City hereby agrees that any monies paid by the Subdivider for any work or services which would normally be assessed against the Lot Levy Reserve shall represent a credit towards any City Development Charge required for 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 the 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 charge which is required to be paid prior to the 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 registration of the Plan of Subdivision. Any outstanding offset balance, after the Plan has been registered and all permits issued shall remain with the lands for any future credit to additional development. 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 current By-law in that regard. Following completion of the construction of the required works in a manner satisfactory to the City's Commissioner of Public Works, the Subdivider shall provide evidence to the City, satisfactory to the City Solicitor and the City's Commissioner of Public Works as to the payment in full for said works including evidence that there are no claims or possibility of claims under the Construction Lien Act. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 127 - JUNE 14, 1993 12. PD 60~93 - WESTMOUNT ROAD AT BLOCK LINE ROAD. - ZONE CHANGE APPLICATION 92/3/W/CL. - SUBDIVISION APPLICATION 30T-92012. - 781081 ONTARIO LIMITED. - SOUTH WARD. (CONT'D) 65. That a 0.3 metre reserve Block 59 (Stage 1) be conveyed to the City as part of Stage 1 of the Plan of Subdivision which shall be temporarily held by the City for the purposes of facilitating completion of proper planning for the development of westerly abutting lands. In this regard, the Subdivider shall be responsible for the cost of Certification of Title of the City's Block 59, which reserve shall be included within the Stage 2 registered plan. This reserve will become part of the future lots and blocks in Stage 2, unless required in part for road access to abutting lands, and the City agrees to convey its' interest in Block 59 to the Subdivider, at no cost and free of encumbrance, immediately consecutive with the registration of Stage 2 of the Plan of Subdivision. 66. That the Subdivider agrees that in consideration of trees worth saving located on the westerly boundary of Block 1 (Stage 2), the Subdivider agrees to do the following: (a) to submit the proposed grading control plans showing trees worth saving on said Block for the approval of the City's Commissioner of Parks and Recreation in consultation with the City's Department of Planning and Development; (b) to install any required tree protection measures to the satisfaction of the City's Director of Development prior to commencement of any grading; (c) that prior to being issued a building permit for any of the Lots or Block, a tree saving/building location plan shall be submitted to the City's Department of Planning and Development which will show protection measures to be implemented and which is to be approved by the said Department prior to site grading, excavation or construction on the particular Lots or Block. It is the opinion of this Committee that the approval of this subdivision application is proper planning for the City. (c) That City Council grant an exemption to their Emergency Access Policy to allow the maximum length of a cul-de-sac with one emergency access to be 460 metres and further, that the emergency access be permitted to be located within 250 metres of the farthest point (dead end) of the cul-de-sac. (D) That in recognition of the Region of Waterloo's not agreeing to pay for 50 percent of the cost of upgrading the culvert under Westmount Road for the Borden Greenway, City Council agree to interpret that it will be responsible for 100 percent of the culvert cost referred to as Item 9 in Appendix A of the Development Charge Policy (Engineering Services). Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, June 21, 1993. The Committee gave direction to Planning Staff to address the concerns raised in Mr. Code's June 14th letter pertaining to: Stormwater Management. Location of Sanitary Sewer. Location of Parkland. And that staff report to City Council at its June 21 st meeting prior to Council considering ratification of the Committee recommendation to approve the Zone Change Application and Subdivision Application submitted by 781081 Ontario Ltd. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 128 - JUNE 14, 1993 13. PD 57~93 - CITY-WIDE COMPREHENSIVE CHANGES TO BY-LAWS 85-1 AND 4830. - ZONE CHANGE APPLICATION 93151TCIJG. The Committee was in receipt of a City Initiated Zone Change Application to undertake City-Wide Comprehensive Changes to By-laws 85-1 and 4830. In this regard, the Committee considered Staff Report PD 57/93 dated June 4, 1993 and the Proposed By-laws dated June 2, 1993 (amending By-law 4830) and June 9, 1993 (amending By-law 85-1) attached to the report. It was noted in the report that the proposed revisions to By-law 85-1 represent improvements or clarifications to the By-law which will assist in the implementation and interpretation of various sections of the By-law. Also, because of the comprehensive nature of these changes, many of the changes affect a number of properties throughout the City, covered by both By-laws 85-1 and 4830 and these changes were summarized briefly in the report. 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 staff had nothing further to add to the report under consideration other than to request that reference to "canine or feline grooming or training" referred to under Clause 6 of the By-law dated June 9, 1993 be deleted as this detail had not been included in the City's advertisement. He indicated that the matter could be dealt with at a later date. No delegations responded to the Chairman's invitation to address the Committee on this matter. Alderman T. Galloway referred to reference in this staff report to a recycling operation contained entirely within a building as its relates to the definition of manufacturing and Mr. T. McCabe explained that such recycling operation was considered to be manufacturing as opposed to a recycling yard which is an outdoor operation and prohibited in several industrial zones. Alderman Galloway commented that at a recent meeting respecting a proposed hazardous wastes transfer facility an undertaking had been given that the question would be addressed at another time. Alderman J. Ziegler suggested that consideration should be given to limiting recycling to one designated area of the City. No delegations responded to the Chairman's invitation to address the Committee on this matter. The recommendation in the staff report was then considered and it was agreed to include a revision to the Proposed By-law to delete from Clause 6 reference to canine or feline grooming or training. The recommendation, as revised, was then considered. Moved by Alderman B. Stortz Seconded by Mayor D.V. Cardillo That Zone Change Application 93/5/TC/JG (City of Kitchener) be approved in the form shown in the attached "Proposed By-laws" dated June 9, 1993, as revised June 14, 1993, to delete from Clause #6 of the by-law reference to "Canine or Feline Grooming or Training" and "1 for each 50.0 square metres of the gross floor area which accommodates such use", and June 2, 1993 representing comprehensive changes to By-laws 85-1 and 4830 respectively, without conditions. 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 21, 1993. 14. PROCESSING OF OFFICIAL PLAN AMENDMENT APPLICATION 92/21. PIONEER TOWER WEST Alderman J. Ziegler distributed a copy of a letter dated June 7, 1993 prepared by the President of the Grand Hill Community Association and Pinegrove Community Association. He stated that the content of the PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 129 - JUNE 14, 1993 14. PROCESSING OF OFFICIAL PLAN AMENDMENT APPLICATION 92/21. (CONT'D) letter discusses the fact that the residents were unhappy with the Planning process relative to the Pioneer Tower West area and were actually of the view that staff were acting too pro-actively for the developers. Alderman T. Galloway commented that in respect to the processing issue, residents were of the opinion that processing was moving much too quickly to their liking and asked that Council investigate the matter. Mr. T. McCabe advised the Committee that Planning Staff were following Council's earlier direction respecting processing of the Amendment. Ms. J. Given commented that the area residents appeared to be only interested in reviewing what subdivision plans would come forward and appeared not to be interested in policy development relating to future subdivision of lands. The Committee directed that Planning Staff place this issue on the August 16th meeting agenda of the Planning & Economic Development Committee. 15. ADJOURNMENT On motion, the meeting adjourned at 7:50 p.m. L.W. Neil, AMCT Assistant City Clerk