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HomeMy WebLinkAboutPlng & Econ Dev - 1993-09-20PED\1993-09-20 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 20, 1993 The Planning and Economic Development Committee met this date commencing at 3:40 p.m. under the Chairmanship of Councillor J. Ziegler with the following members present: Mayor D.V. Cardillo and Councillors M. Yantzi, G. Leadston, T. Galloway, B. Stortz, J. Smola, C. Weylie, M. Wagner and C. Zehr. Councillor G. Lorentz entered the meeting after its commencement. Officials Present: Mr. T. McKay, Mr. S. Klapman, Mr. B. Stanley, Mr. T. McCabe, Mr. J. Witmer, Ms. C. Ladd, Mr. Z. Janecki, Mr. V. Labreche, Mr. D. Snow, Mr. D. Corks, Ms. S. Frenette, Mr. R. Mattice, Ms. C. Newell, Mr. J. Shivas, Mr. D. Mansell and Mr. L.W. Neil. 1. MINUTES On motion by Councillor B. Stortz, it was resolved: "That the Minutes of the Planning and Economic Development Committee meeting held on August 16, 1993, as mailed to the members, be accepted." PD 88~93 - DIRECTION FOR PROCESSING - OFFICIAL PLAN AMENDMENT APPLICATION 93~9 CITY INITIATED - HOLDING PROVISIONS FOR ENVIRONMENTAL REMEDIATION AND CLEAN-UP. The Committee was in receipt of Planning and Development Staff Report PD 88/93 dated September 3, 1993 dealing with an Official Plan Amendment Application that would institute policies within the Official Plan to allow for Holding Provisions for Environmental Remediation and Clean-up. It was noted in the report that this would ensure that either no contamination has taken place or that an appropriate decommissioning and environmental clean-up program is undertaken and approved by the Ministry of the Environment. Mr. L. Masseo advised that staff request that the requirement for preliminary circulation be waived. No delegations were registered respecting this matter. The recommendation in the staff report was then considered and the revision requested by Mr. Masseo was agreed to. On motion by Councillor B. Stortz, it was resolved: "That, Planning and Economic Development Committee recommend acceptance of Official Plan Amendment Application 93/9, Holding Provisions for Environmental Remediation and Clean-up, for processing with the clear understanding that processing in no way implies acceptance or rejection of this application. And further, that the requirement for preliminary circulation of the application be waived." The Chairman advised that this resolution would be considered by City Council at its meeting to be held on Monday, September 27, 1993. PD 78/93 - REVISIONS TO GRAND RIVER SOUTH COMMUNITY PLAN. - SERVICING OF ESTATE RESIDENTIAL LANDS. - CHICOPEE WARD. The Committee was in receipt of Planning and Development Staff Report PD 78/93 dealing with Servicing of Estate Residential lands and direction to undertake revisions to the Official Plan and Grand River South Community Plan that would accommodate fully serviced residential development. PLANNING AND ECONOMIC - 149 - SEPTEMBER 20, 1993 DEVELOPMENT COMMITTEE PD 78/93 - REVISIONS TO GRAND RIVER SOUTH COMMUNITY PLAN. - SERVICING OF ESTATE RESIDENTIAL LANDS. - CHICOPEE WARD. (CONT'D) It was noted in the report that Council requested a study of available sewer capacity in the Grand River South Community and the study determined that the unserviced lands adjacent to the Grand River could be accommodated within existing sanitary sewers and that the Grand River Trunk was unnecessary. Staff then reviewed planning and engineering implications of servicing these lands and such full servicing will require extensive land use revisions to the existing Grand River South Community Plan to accommodate the expected increase of population. Mr. D. Corks advised that staff had nothing further to add to the report under consideration. Mr. Mark Emery, Weston & Associates, appeared as a delegation representing a client land owner and indicated support for the recommendation in the staff report and requested its early implementation. Mr. P. Britton, appeared as a delegation on behalf of Hallman/Brierdale and Northlake Homes and advised that his clients were in support of the report recommendation. No other delegations were registered respecting this matter. On motion by Councillor J. Smola, it was resolved: "1) That Kitchener City Council advise the Regional Municipality of Waterloo of the City's intent to fully service all lands in the Grand River South Community on the east side of the City of Kitchener to the extent of the residual capacity of the Ottawa/Montgomery Sanitary Sewage system. 2) That staff be directed to process an Amendment to the Kitchener Official Plan to redesignate the lands on the east side of the City adjacent to the Grand River from Estate Residential to Low Density Residential. 3) That staff be directed to undertake revisions to the Grand River South Community Plan. The basis of the change is to redesignate the Estate Residential lands to allow fully serviced residential development and associated land uses." The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, September 27, 1993. PD 90~93 - KITCHENER'S RESPONSE TO REGION OF WATERLOO. - INTERIM GUIDELINES FOR THE DEVELOPMENT OF COMMUNAL WASTEWATER TREATMENT SYSTEMS. The Committee was in receipt of Planning and Development Staff Report PD 90/93 dated September 8, 1993 dealing with Kitchener's response to the Region of Waterloo's "Interim Guidelines for the development of communal wastewater treatment systems". It was noted in the report that the Regional document was referred to area municipalities for comment and that City staff participated in a Regional Committee pertaining to this matter. The policies and guidelines were drafted with Kitchener staff input and they have no concerns and support the document. Mr. D. Mansell advised that staff had nothing further to add to the report under consideration. Mr. P. Britton, appeared as a delegation on behalf of clients who own land within the Grand River development areas and advised that they were in support of the Regional document. No other delegations were registered respecting this matter. PLANNING AND ECONOMIC - 150 - SEPTEMBER 20, 1993 DEVELOPMENT COMMITTEE PD 90/93 - KITCHENER'S RESPONSE TO REGION OF WATERLOO. - INTERIM GUIDELINES FOR THE DEVELOPMENT OF COMMUNAL WASTEWATER TREATMENT SYSTEMS. (CONT'D) On motion by Councillor C. Weylie, it was resolved: "That the Regional Municipality of Waterloo be advised that the City of Kitchener fully supports its Interim Guidelines document for the development of communal wastewater treatment systems." The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, September 27, 1993. PD 89~93 - 530 AND 540 QUEEN STREET. - REQUEST FOR EXTENSION OF TWO YEAR PENALTY PROVISION RE DEMOLITION CONTROL BY-LAW. - VICTORIA PARK WARD. The Committee was in receipt of Planning and Development Staff PD 89/93 dealing with a request received from the owners of 530 and 540 Queen Street South for extension of the two year penalty provision associated with the Demolition Control By-law. It was noted in the report that in March, 1991, Council approved the demolition of 530 and 540 Queen Street South subject to conditions and the owners now request an additional two year extension of the penalty provision as they are no longer in a position to proceed with the site development due to financial constraints. Ms. S. Frenette advised that staff had nothing further to add to the report under consideration. Councillor M. Wagner stated that he was generally opposed to granting such request for extension, where conditions relative to demolitions have not been complied with. Councillor G. Lorentz entered the meeting at this point. Councillor G. Leadston stated that he would support a one year extension and Councillor M. Yantzi questioned if the developer could be required to do something to improve the appearance of the property. Mr. J. Witmer advised that under the Lot Maintenance By-law, the owner was required to clean the site and maintain the grass. On motion by Councillor C. Zehr, it was resolved: "That for the properties located at 530 and 540 Queen St. S., legally described as Lots 74 & 75, Subdivision Lot 17 of the German Company Tract, Council grant a one year extension of the penalty provision associated with the Demolition Control By-law subject to the following conditions: a) The Owners agree to grade the lots to the satisfaction of the Chief Building Inspector and maintain the lots to property standards. b) The Owners agree to remove all noxious weeds and maintain the property to lot maintenance standards." The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, September 27, 1993. PD 79~93 - RESPONSE TO LETTER FROM PAUL KUNTZ & RINZE VANDERWERFF. - PIONEER TOWER WEST. - OFFICIAL PLAN AMENDMENT APPLICATION 92/21. - J.H.S. PROPERTIES LTD. & KRIZSANDERSON DEVELOPMENTS LTD. - SOUTH WARD. The Committee was in receipt of Planning and Development Staff Report PD 79/93 dated July 21, 1993 concerning the planning process with respect to the Official Plan Amendment Application for the Pioneer Tower West Area and concurrent processing of a Plan of Subdivision by two PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 151 - SEPTEMBER 20, 1993 PD 79~93 - RESPONSE TO LETTER FROM PAUL KUNTZ & RINZE VANDERWERFF. - PIONEER TOWER WEST. - OFFICIAL PLAN AMENDMENT APPLICATION 92/21. - J.H.S. PROPERTIES LTD. & KRIZSANDERSON DEVELOPMENTS LTD. - SOUTH WARD. (CONT'D) developers. The report identifies progress to date and points out that the Department feels the process has been effective and comprehensive. Ms. J. Given advised that she had nothing further to add to the report under consideration. Mr. Bill Green, appeared as a delegation on behalf of Krizsanderson Developments Ltd. and indicated that his client support the staff position to continue with the planning process that has been established. Mr. Green stated that he has worked to address the property owner's concerns and noted that it was made clear that the residents wish to see the entire development picture but Draft Plans of Subdivision have not been submitted because technical aspects have not been completed. He stated that at this time it would be premature to cut the process short and indicated that the Official Plan Amendment, Draft Subdivision Plans and Zone Change were intended to be brought forth together and that he would endeavour to work with residents through the structure that has been established. Mr. Dan Manherz, appeared as a delegation representing the Grand Hill Community Association and the Pinegrove Community Association and indicated that he agreed the original Council resolution of January 25, 1993 relative to processing should be reaffirmed but that additional specific direction should be given to staff. In this regard, he asked that staff be requested to take a more objective position respecting the application and that they outline reasons why or why not changes should be made to the Official Plan. Further, he requested an opportunity for resident involvement in the process as there has been a lack of involvement to date. In response to Councillor B. Stortz, he explained that meetings to date have been primarily information dispensing in nature. Further, he commented that the viewpoints of the residents were not fully expressed in the minutes of the Working Committees. Ms. Given indicated that the Working Committee would normally review its previous meeting minutes at the next meeting but such meeting has not yet been held. Councillor C. Zehr questioned if the residents would like to comment on the draft report prior to its submission to the Committee. Mr. B. Stanley explained that with the Liaison Committee process, the residents would have had a review of the draft report prior to its circulation to agencies. Mr. B.M. Hiscott appeared as a delegation regarding this matter and commented that the area in question was very large and that there were a lot of issues to be dealt with. He indicated that it was the concern of the residents that the staff report would be finalized before the neighbours had an opportunity to have some influence on these issues prior to the writing of the report. Councillor B. Stortz commented that normally such issues would be dealt with at the Liaison Committee level and that such process has functioned effectively for all other developments in the City. Mr. Hiscott replied that the residents perceived that staff were not dealing objectively with the application and pointed out that the planning process is not meant to be for the developers only. Councillor G. Leadston stated that he felt the request for documentation of reasons why or why not changes should be made to the Official Plan represented another step in the process which was a minor alteration only. Councillor T. Galloway commented that the two Neighbourhood Associations previously had gone through exercises to reach the six unit per hectare density which was approved by Council. He pointed out that the neighbours are fearful that various issues will be reopened and that they would not be able to reverse the application process. Ms. J. Given advised that she had chaired the planning process in the early 1980's and commented that the current process has been faster than she would have ordinarily expected. She indicated that she has lists of issues that have been categorized for consideration by the Working Sub- PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 152 - SEPTEMBER 20, 1993 PD 79/93 - RESPONSE TO LETTER FROM PAUL KUNTZ & RINZE VANDERWERFF. - PIONEER TOWER WEST. - OFFICIAL PLAN AMENDMENT APPLICATION 92/21. - J.H.S. PROPERTIES LTD. & KRIZSANDERSON DEVELOPMENTS LTD. - SOUTH WARD. (CONT'D) Committees. Further, she pointed out that in reference to the process in the early 1980's, there was no Official Plan for the area as a starting point and the process subsequently took three years to complete. Mr. B. Stanley requested that if the Committee wishes to add additional criteria relative to the planning process that the Committee outline specifically what it wishes in this regard. Councillor C. Zehr stated that it would appear the residents wish to ensure that when the staff report is brought forward that it delineates all the pros and cons relative to alternative density levels and that the views of the neighbourhoods are incorporated within the report. He acknowledged that staff had a responsibility to put forward their professional opinion in the form of a recommendation within the report. Mr. Manherz agreed with Councillor Zehr's summation of his request. Mr. P. Britton appeared as a delegation on behalf of J.H.S. Properties Ltd. and commented that what the Neighbourhood Associations want was a variation of the planning process. He stated that there was nothing wrong with delineation of alternatives and evaluation of such alternatives. However, he indicated that he wished to address the issues that were raised in the letter from the presidents of the two Neighbourhood Associations. In respect to the issue of process, he stated that consideration of this matter this date represented the fourth meeting dealing with the issue of process and that this was quite irregular. He noted that as a result the process has been delayed by five months and would result in additional cumulative delay. He commented that the suggestion to include additional steps in the planning process were strange given initiatives underway to streamline the planning process. Mr. Britton stated that he supports neighbourhood input but was disappointed that the Neighbourhood Association had approached the Planning and Economic Development Committee without raising their concerns through the working Liaison Committees that had been established. He did not provide any additional comments on the issue of maintenance of the status quo as raised by the neighbourhoods. On the issue of the applications being premature, he disagreed given that there have been a number of policy developments and guidelines that have previously been approved and impact on the area. Mr. B.M. Hiscott stated that a concern of the neighbourhood was that a meeting schedule of Working Committees has not been established in advance and that when meetings have been called it was necessary for the Neighbourhood Associations to scramble in order to have representatives at the meetings. Councillor C. Zehr commented that he felt the planning process should be maintained and that staff ensure the residents were notified well in advance of meeting dates. Councillor M. Yantzi suggested that the Neighbourhood Associations be circulated with material circulated to other agencies. On motion by Councillor C. Zehr, it was resolved: "That Council reaffirm their resolution of January 25, 1993 regarding the processing of Official Plan Amendment Application 92/21 (Pioneer Tower West). Further, that the draft report be circulated for comment to the Pinegrove Community Association and to the Grand Hill Community Association, prior to preparation of the final report for consideration by the Planning and Economic Development Committee." And further, that within the staff report, staff be directed to identify the positive and negative aspects of development alternatives and densities and incorporate the views of the community into the report." The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, September 27, 1993. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 153 - SEPTEMBER 20, 1993 PD 81/93 - 81 EAGEN DRIVE. - CONDOMINIUM CONVERSION APPLICATION CD/93/001. - SECTION 5(1) OF THE RENTAL HOUSING PROTECTION ACT. - R. WILSON, G. HENDERSON, J. MACLEAN, D. HICKS D. SPENCER AND W. WALKER. - FOREST WARD. The Committee was in receipt of Planning and Development Staff Report PD 81/93 dated August 13, 1993 dealing with an application for a Condominium Conversion under Section 5(1) of the Rental Housing Protection Act, 1989. The application was submitted by R. Wilson, G. Henderson, J. MacLean, D. Hicks, D. Spencer and W. Walker with regard to a property known municipally as 81 Eagen Drive. The subject property is a 50 unit rental townhouse complex which the applicants' seek approval under the RHPA as a precondition for the conversion of the properties to condominium tenure. Presently the owners intend to retain all of the units as a residential rental project. 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. S. Frenette advised that she had nothing further to add to the report under consideration. However, she indicated that the Committee would be hearing from a delegation who has submitted a lengthy submission and pointed out that the delegation concerns are addressed in the recommendations of the staff report. She also clarified that their rights remain the same regardless of the change proposed and that their concerns respecting property standards matters will be revealed through the requirement for a building audit. Ms. Frenette indicated that staff would like a copy of the audit to be given to tenants in order that they can determine if the audit has identified their concerns. Mr. Barry Card, Siskind, Cromarty, Ivey & Dowler, Barristers, 680 Waterloo Street, London, and Mr. Mike Arnsby, Property Manager for the building owners, appeared as a delegation to support the recommendation in the staff report. In reference to the building audit, Mr. Card commented that the study could be 300 pages and asked that the owners be required only to deposit the report with the Planning Department which could make the document available for public review. Messrs Bill Allan and John Levick, appeared as a delegation in regard to their submission which was distributed to the Committee with its agenda. Mr. Allan advised that the tenants do not object to the conversion application but feel the report does not go far enough to protect the tenants. He stated that an audit was badly needed and that it should be conducted by an independent consultant who was not associated with the owner or management firm. In regard to the building audit, he asked that the portion of the audit as its relates to individual units be made available to the effected tenants. Councillor G. Lorentz questioned if he was satisfied that the process will resolve problems within the building. Mr. Allan stated that the tenants have concerns as to how they will be treated under the restructuring and that the current lack of funding to rectify maintenance problems will persist in the future. Mr. J. Levick pointed out that there were numerous code violations within the building that have not been rectified by the owners and that there were chronic problems that must be addressed. Ms. S. Frenette commented that requirements having to do with bringing the property upto acceptable standards should be addressed regardless of the application under consideration. Also, she stated that under the Condominium Act, a building was required to have reserves set aside for maintenance and repairs and suggested that the process of upgrading and eventual sale of some of the units will allow the owners to finance capital improvements. Mr. Allan questioned this approach given that the owners have stated they have no intention of offering the units for sale and suggested that the reason for the application was to accommodate a tax situation, administration and housekeeping particulars of the owners. He stressed the non compliance of the owners with City work orders and stated that the residents need help and assistance to have building maintenance issues resolved. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 154 - SEPTEMBER 20, 1993 7. PD 81/93 - 81 EAGEN DRIVE. - CONDOMINIUM CONVERSION APPLICATION CD/93/001. - SECTION 5(1) OF THE RENTAL HOUSING PROTECTION ACT. - R. WILSON, G. HENDERSON, J. MACLEAN, D. HICKS D. SPENCER AND W. WALKER. - FOREST WARD. Mr. B. Card advised that notice of this application was served one year ago and explained that six individuals owned the building in trust through a numbered company. He stated that the intention was to put marketable title into the names of specific units and that a lot of money has been spent by the investors to deal with maintenance problems. He stated that the complaints heard this date have nothing to do with the issue of the application that was under consideration by the Committee. No other 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 revise item (E) to require a qualified independent consultant. The recommendation as revised was then considered. On motion by Councillor B. Stortz, it was resolved: "That with respect to Condominium Conversion Application CD 93/001, Council approve an Agreement under Section 12(1) of the Rental Housing Protection Act, which shall be executed and registered against the title to the lands at 81 Eagen Drive as part of any subsequent condominium agreement. The Agreement shall provide as follows: a) The Owners agree to supply the City's Housing Division with a list of the names and addresses of all the tenants who occupy the residential units which now exist upon the subject lands, hereinafter called the "Existing Units", as of the date of Council's approval of this Agreement under the Rental Housing Protection Act. Further, the Owner shall supply the City's Housing Division with the names and addresses of any new tenant who commences to occupy an Existing Unit between the date of Council's approval of the Agreement and the date of registration of the final plan of condominium. All tenants referred to above are hereinafter called "the Tenants". b) The Owners agree to give notice to the Tenants of their rights under the terms or the Agreement, within 30 days following the date of registration of the final plan of condominium, by providing them with a copy of this agreement and by filing proof of notification with the City's Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by the Tenant as acknowledgement of receipt. c) The Owners agree that, in the event a Tenant wishes to continue to rent and occupy his or her Existing Unit, or to rent it until such time as he or she might exercise his or her right to purchase, the following conditions apply: The Tenant shall be entitled to continue to rent the unit which he or she is currently renting and occupying, or an equivalent unit, for a period of up to five years following the date of registration of the final plan of condominium (hereinafter called the "Five Year Rental Period"). Throughout the Five Year Rental Period, the applicable rent for a given unit shall not exceed the lawful maximum rent which could be charged for that rental unit under the Residential Rent Regulation Act, R.S.S. 1990, c. R.29, as amended (hereinafter called the "RRR Act") and any increases to that rent throughout the Five Year Rental Period shall be subject to the RRR Act. At the Tenant's discretion, the Owners and Tenant shall enter into a lease, leases, renewal or renewals for all or part of the Five Year Rental Period for such term or terms as is agreed to from time to time by the Tenant and the Owners, provided that the total term thereof does not exceed the Five Year Rental Period. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 155 - SEPTEMBER 20, 1993 PD 81/93 - 81 EAGEN DRIVE. - CONDOMINIUM CONVERSION APPLICATION CD/93/001. - SECTION 5(1) OF THE RENTAL HOUSING PROTECTION ACT. - R. WILSON, G. HENDERSON, J. MACLEAN, D. HICKS D. SPENCER AND W. WALKER. - FOREST WARD. *The Owners agree to supply the City's Housing Division with an executed copy of the lease, and any subsequent renewals thereof during this five year period. d) The Owners shall provide the Tenant or Tenants occupying an Existing Unit with the right of first refusal to purchase it during the Five Year Rental Period. If, at any time during the Five Year Rental Period, the Owners receive a bona fide, arms length offer to purchase an Existing Unit which the Owners are willing to accept and if the Tenant or Tenants of such unit have not waived their rights of first refusal to purchase, the Owners shall notify the Tenant or Tenants of such unit by providing them with a true copy of the offer to purchase and the Tenant or Tenants shall have the right, during the thirty days immediately following the receipt thereof, to purchase the unit by delivering to the Owners a signed offer to purchase for the price and upon the terms and conditions contained in the original offer, which the Owners shall accept immediately. The Owners shall provide proof of notification to the City's Housing Division, either by a sworn affidavit or service or by a copy of the original offer to purchase signed by the Tenant as acknowledgement of receipt. If the Tenant or Tenants do not deliver an offer to purchase to the Owners within thirty days, the Tenant or Tenants shall be deemed not to have exercised the right of first refusal, and the Owners may accept the original offer to purchase. If for any reason the Tenant or Tenants do not exercise the right of first refusal and the Owners do not complete the offer to purchase which had been received, the right of first refusal of the Tenant or Tenants shall continue in effect. e) The Owners agree to engage the services of a qualified independent consultant to conduct a building audit to establish the physical condition of the structure, prior to draft approval of any plan of condominium on the lands, and to file the results of the building audit with the City of Kitchener Planning Department. The owner shall correct, to the satisfaction of the Chief Building Official, any health and safety deficiencies uncovered in the audit which relate to the Building Code and the City's Property Standards By-law and, upon correction, the City's Chief Building Official will notify the Owners in writing that the deficiencies have been corrected to his satisfaction. f) Prior to the sale of any of the Existing Units, the owners shall notify potential purchasers that the results of the building audit are available for their consideration." The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, September 27, 1993. PD 58/93 - 11, 13 & 15 GILDNER STREET. - SEVERANCE APPLICATION SE/92/001. - SECTION 5(1) OF THE RENTAL HOUSING PROTECTION ACT. - MUHAMMAD IMRANUL HAQUE AND NAJMA HAQUE. - VICTORIA PARK WARD. The Committee was in receipt of Planning and Development Staff Report PD 58/93 dated July 22, 1993 dealing with a Severance Application under Section 5(1) of the Rental Housing Protection Act, 1989. The application was submitted by Muhammad Imranul Haque and Najma Haque with regard to properties known municipally as 11, 13 & 15 Gildner Street. It was noted in the report that the applicant is seeking approval under the RHPA as a precondition for the severance of the property into three parcels. It was also noted in the report that the property is currently being used for nine residential units as follows: 11 Gildner Street with two units, 13 Gildner Street with one unit and 15 Gildner Street with six units. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 156 - SEPTEMBER 20, 1993 PD 58/93 - 11, 13 & 15 GILDNER STREET. - SEVERANCE APPLICATION SE/92/001. - SECTION 5(1) OF THE RENTAL HOUSING PROTECTION ACT. - MUHAMMAD IMRANUL HAQUE AND NAJMA HAQUE. - VICTORIA PARK 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. Ms. S. Frenette advised that she had nothing further to add to the report under consideration other than to point out that the issue was a very technical aspect of the Rental Housing Protection Act and that a severance would remove three of the nine units from much of the RHPA's protection. Mr. Joseph Ward, Roetsch, Ward and Schaffer, 284 Frederick Street, appeared as a delegation on behalf of the applicant and indicated his client's support of the staff recommendation. No other delegations responded to the Chairman's invitation to address the Committee on this matter. In response to Councillor M. Wagner, Ms. S. Frenette advised that the Agreement under the Act would be registered against title. On motion by Councillor J. Smola, it was resolved: "That with respect to Condominium Severance Application SE 92/001, Council approve an Agreement under Section 12(1) of the Rental Housing Protection Act, which shall be executed and registered against the title to the lands at 11 and 13 Gildner Street, prior to the endorsement of any severance documents for this property by the Secretary Treasurer of the Committee of Adjustment. The Agreement shall provide as follows: a) That the three rental apartments (the Apartments) now existing at 11 and 13 Gildner Street shall continue to be used as rental residential units for a period of five years from the date of endorsement of the severance document for this property. b) That the Owner(s) of the lands at 11 and 13 Gildner Street shall not eliminate, remove or otherwise change the use of any of the Apartments through demolition or conversion during the period stated above, except by order of the City of Kitchener or its Officials. c) The Owner(s) shall provide a copy of this agreement to all tenants occupying the Apartments as of the date of execution of this Agreement, and shall provide proof of notification by way of an affidavit filed with the City's Housing Division or by filing a copy of the agreement signed by all the tenants acknowledging receipt. d) That during the five year term of this Agreement, the Owner(s) shall provide a copy of this Agreement to each new tenant of any of the Apartments, on or before the date on which tenants begin renting any of the Apartments, and shall provide proof of notification by filing a copy of the agreement signed by the tenant acknowledging receipt with the City's Housing Division." The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, September 27, 1993. PD 100/93 - 175 SIEBERT AVENUE. - CONDOMINIUM CONVERSION APPLICATION CD/93/002. - SECTION 5(1) OF THE RENTAL HOUSING PROTECTION ACT. -J. FEDY, D. MARSHALL, P. MURRAY AND J. LUMSDEN. - FAIRVIEW WARD. The Committee was in receipt of Planning and Development Staff Report PD 100/93 dated August 17, 1993 dealing with a Condominium Conversion Application under Section 5(1) of the Rental Housing Protection Act, 1989. The application was submitted by J. Fedy, D. Marshall, P. Murray and J. Lumsden with regard to the property known municipally as 175 Siebert Avenue. It was noted in the report that the applicant is PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 157 - SEPTEMBER 20, 1993 PD 100/93 - 175 SIEBERT AVENUE. - CONDOMINIUM CONVERSION APPLICATION CD/93/002. - SECTION 5(1) OF THE RENTAL HOUSING PROTECTION ACT. -J. FEDY, D. MARSHALL, P. MURRAY AND J. LUMSDEN. - FAIRVlEW WARD. (CONT'D) seeking approval under the Rental Housing Protection Act 1989 as a precondition for the conversion of the properties to condominium tenure. 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. S. Frenette advised that she had nothing further to add to the report under consideration other than to advise the Committee that the delegation will be requesting the security of tenure referred to in the staff recommendation be changed from five years to three years. Mr. Mark Schumacher, Flynn and Sorbara, 336 Speedvale Avenue West, Guelph, appeared as a delegation on behalf of the applicant and indicated that he was in support of the staff recommendation with the exception that he requests that security of tenure be revised from five years to three years. He noted that the revision would provide some flexibility in future but that at this time the owners fully intend to retain all of the units as a residential/rental project. No other delegations responded to the Chairman's invitation to address the Committee on this matter. In reference to the five year term referred to in the staff recommendation, it was noted that it takes anywhere from 1 1/2 to 2 years to register a condominium and that if a three year term was agreed to from date of registration of the condominium then in effect the five year term currently referred to in the report would have been achieved. The recommendation in the staff report was then considered. It was agreed to revise the security of tenure to three years following the date of registration of the condominium. On motion by Councillor M. Wagner, it was resolved: "That with respect to Condominium Conversion Application CD 93/002, Council approve an Agreement under Section 12(1) of the Rental Housing Protection Act, which shall be executed and registered against the title to the lands at 175 Siebert Avenue as part of any subsequent condominium agreement. The Agreement shall provide as follows: a) The Owners agree to supply the City's Housing Division with a list of the names and addresses of all the tenants who occupy the residential units which now exist upon the subject lands, hereinafter called the "Existing Units", as of the date of City Council's approval of this Agreement under the Rental Housing Protection Act. Further, the Owners shall supply the City's Housing Division with the names and addresses of any new tenant who commences to occupy an Existing Unit between the date of City Council's approval of the Agreement and the date of registration of the final plan of condominium. All tenants referred to above are hereinafter called "the Tenants". b) The Owners shall give notice to the Tenants of their rights under the terms or the Agreement, within 30 days following the date of registration of the final plan of condominium, by providing them with a copy of this agreement and by filing proof of notification with the City's Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by the Tenant as acknowledgement of receipt. c) The Owners agree that, in the event a Tenant wishes to continue to rent and occupy his or her Existing Unit, or to rent it until such time as he or she might exercise his or her right to purchase, the following conditions apply: PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 158 - SEPTEMBER 20, 1993 PD 100/93 - 175 SIEBERT AVENUE. - CONDOMINIUM CONVERSION APPLICATION CD/93/002. - SECTION 5(1) OF THE RENTAL HOUSING PROTECTION ACT. -J. FEDY, D. MARSHALL, P. MURRAY AND J. LUMSDEN. - FAIRVlEW WARD. (CONT'D) The Tenant shall be entitled to continue to rent the unit which he or she is currently renting and occupying, or an equivalent unit, for a period of up to three years following the date of registration of the final plan of condominium (hereinafter called the "Three Year Rental Period"). Throughout the Three Year Rental Period, the applicable rent for a given unit shall not exceed the lawful maximum rent which could be charged for that rental unit under the Residential Rent Regulation Act, R.S.S. 1990, c. R.29, as amended (hereinafter called the "RRR Act") and any increases to that rent throughout the Three Year Rental Period shall be subject to the RRR Act. At the Tenant's discretion, the Owners and Tenant shall enter into a lease, leases, renewal or renewals for all or part of the Three Year Rental Period for such term or terms as is agreed to from time to time by the Tenant and the Owners, provided that the total term thereof does not exceed the Three Year Rental Period. The Owners agree to supply the City's Housing Division with an executed copy of the lease, and any subsequent renewals thereof during this three year period. d) The Owners shall provide the Tenant or Tenants occupying an Existing Unit with the right of first refusal to purchase it during the Three Year Rental Period. If, at any time during the Three Year Rental Period, the Owners receive a bona fide, arms length offer to purchase an Existing Unit which the Owners are willing to accept and if the Tenant or Tenants of such unit have not waived their rights of first refusal to purchase, the Owners shall notify the Tenant or Tenants of such unit by providing them with a true copy of the offer to purchase and the Tenant or Tenants shall have the right, during the thirty days immediately following the receipt thereof, to purchase the unit by delivering to the Owners a signed offer to purchase for the price and upon the terms and conditions contained in the original offer, which the Owners shall accept immediately. The Owners shall provide proof of notification to the City's Housing Division, either by a sworn affidavit of service or by a copy of the original offer to purchase signed by the Tenant as acknowledgement of receipt. If the Tenant or Tenants do not deliver an offer to purchase to the Owners within the thirty days, the Tenant or Tenants shall be deemed not to have exercised the right of first refusal, and the Owners may accept the original offer to purchase. If for any reason the Tenant or Tenants do not exercise the right of first refusal and the Owners do not complete the offer to purchase which had been received, the right of first refusal of the Tenant or Tenants shall continue in effect." The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, September 27, 1993. 10. PD 75~93 - 42 AND 50 WILFRED AVENUE. - ZONE CHANGE APPLICATION 92/17/W/VL. - MARLO AND ANA RADOVIC. - CHICOPEE WARD. The Committee was advised that the Department of Planning and Development was in receipt of an application from Mario and Ana Radovic to change the zoning of lands known municipally as 42 and 50 Wilfred Avenue. The proposed rezoning is from Semi-Restricted Residential (R2B) to Semi-Restricted Residential (R2) with special regulations according to By-law 4830. In this regard, the Committee considered Staff Report PD 75/93 dated August 19, 1993 and the Proposed By-law dated August 9, 1993 attached to the report. It was noted in the report that the purpose of the rezoning is to permit a five-unit multiple dwelling within the building at 42 Wilfred Avenue and to permit a three-unit multiple dwelling within the building at 50 Wilfred Avenue. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 159 - SEPTEMBER 20, 1993 10. PD 75~93 - 42 AND 50 WILFRED AVENUE. - ZONE CHANGE APPLICATION 92/17/W/VL. - MARLO AND ANA RADOVIC. - CHICOPEE 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. Ms. C. Ladd advised that staff had nothing further to add to the report under consideration. Mr. Douglas Chornaby, 53 Wilfred Avenue, appeared as a delegation to question the width of the road allowance of the subject property where it abuts Weber Street East. Mr. V. Labreche advised that some widenings have been completed along Weber Street and that the Region of Waterloo has indicated that only five feet is required from properties on each side of the street in the area of the subject property. Mr. Chornaby advised that there was a safety concern with regard to the intersection of Wilfred Avenue and Weber Street because of the bend in the Weber Street alignment at this point. Councillor C. Zehr stated that it has not been determined where any future widenings along Weber Street will take place in view of the widening proposed for Highway #8 Ms. Nancy Hill, 75 Wilfred Avenue, advised that she had lived at her property for 21 years and referred to an apartment building owned by the applicant located near to her that has caused problems for the neighbourhood and pointed out that the owner was trying to buy up adjacent lots. In reference to the subject property, she indicated that additional driveways have been added and building activity undertaken. She questioned if the Grand River Conservation Authority was aware of the amount of fill that the owner of the subject property has deposited in the backyard. Mayor D.V. Cardillo questioned the paved area shown in the site plan attached to the report. Mr. V. Labreche pointed out that the illustration was a preliminary site plan that represents intended development and that in the one case the paved drive shown leads to a garage and in the other case the paved drive shown leads to a carport and a lane way accesses remaining parking spaces to be developed at the rear of the properties. Ms. Hill pointed out that only 10 parking spaces were required and questioned why 18 spaces were proposed. Mr. Erwin Radovic, 50 Wilfred Avenue, appeared as a delegation along with Mr. Mario Radovic respecting the application. Mr. E. Radovic pointed out that the property has not been altered since it was purchased by the current owners who were now trying to legalize the units. Councillor C. Zehr referred to the concerns that had been expressed with respect to the garbage left on the property and requested that the owners ensure that the tenants are aware of and utilize the garbage container. He also expressed concern over the habit of the property owners to undertake changes to the property and then seek municipal approval. In response to Councillor G.L. Leadston, Mr. Radovic advised that the property was purchased 4 years ago. Councillor G. Lorentz pointed out that garbage can become an issue particularly with frequent change in tenants and asked that the owners ensure that any garbage left at the curb by tenants who are vacating the property be taken to the garbage containment area if garbage collection day has been missed when tenants vacate. No other delegations responded to the Chairman's invitation to address the Committee on this matter. On motion by Councillor C. Zehr, it was resolved: "That Zone Change Application 92/17ANNL (Mario and Ana Radovic) requesting a change in zoning from Semi-Restricted Residential (R2B) to Semi-Restricted Residential (R2) with special regulations on Lot 118 and Part of Lots 119 and 120, Registered Plan 765, be approved in the form shown in the proposed By-law attached, dated August 9, 1993, subject to the following conditions being satisfied prior to any readings of the By-law by Council. PLANNING AND ECONOMIC - 160 - SEPTEMBER 20, 1993 DEVELOPMENT COMMITTEE 10. PD 75~93 - 42 AND 50 WILFRED AVENUE. - ZONE CHANGE APPLICATION 92/17/WNL. - MARLO AND ANA RADOVIC. - CHICOPEE WARD. (CONT'D) 1. That the properties known municipally as 42 and 50 Wilfred Avenue be registered in the same title, to ensure the continuance of mutual access and required parking. That the Owners receive site plan approval, from the Commissioner of Planning and Development and submit a Letter of Credit for required site works. Site Plan Approval shall be conditional upon final approval of the Zoning By-law. The Owners 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-law relative to the Zone Change Application 92/17/WNL. In the event these requirements are 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." The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, September 27, 1993. 11. PD 85/93 - PINNACLE DRIVE. - REVISION TO DOON SOUTH COMMUNITY PLAN. - ZONE CHANGE APPLICATION 901401PIZJ. - SUBDIVISION APPLICATION 30T-90029. - MONARCH CONSTRUCTION LTD. - SOUTH WARD. The Committee was advised that the Department of Planning and Development was in receipt of applications for Zone Change and Subdivision for Monarch Construction Limited with respect to lands adjacent to Pinnacle Drive. The subject lands comprise 22.85 hectares (56.45 acres) of undeveloped land located on the westerly side of Pinnacle Drive, north of New Dundee Road and south of the first stage of Monarch Subdivision being Registered Plan 1710. The zoning change proposed is from Agricultural (A) according to Township of Waterloo By-law 878A to Restricted Residential (R2A), Semi-Restricted Residential (R2B), Semi-Restricted Residential (R2C) with special regulations and Park, Public Open Space (P) according to By-law 4830. In this regard, the Committee considered Staff Report PD 85/93 dated September 7, 1993 and the Proposed By-law dated August 30, 1993 attached to the report. It was noted in the report that the subdivider proposes to rezone the parcel and create a subdivision consisting of 132 single detached units, a neighbourhood park, open space blocks and additional lands reserved for future residential development. Concurrent with the applications, a minor revision to the Doon South Community Plan is proposed pertaining to the location of the collector road and park and open space lands. Staff Report PD 101/93 dated September 20, 1993 was distributed at the meeting as an addendum to Report PD 85/93 and requests several conditions in PD 85/93 be revised. 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. Z. Janecki advised that he had nothing further to add to the reports under consideration. He referred to two letters from property owners on the opposite of Pinnacle Drive who expressed concern respecting the lot sizes that abut Pinnacle Drive. He noted that the subdivision had been re-configured to meet other criteria but that the size of the lots were the same. In response to Councillor T. Galloway, Mr. Janecki advised that originally 110 lots were planned. Councillor M. Wagner questioned what the reason was for change to Condition 60 and Mr. Janecki advised that flexibility is required to resolve issues at the PLANNING AND ECONOMIC - 161 - SEPTEMBER 20, 1993 DEVELOPMENT COMMITTEE 11. PD 85/93 - PINNACLE DRIVE. - REVISION TO DOON SOUTH COMMUNITY PLAN. - ZONE CHANGE APPLICATION 901401PIZJ. - SUBDIVISION APPLICATION 30T-90029. - MONARCH CONSTRUCTION LTD. - SOUTH WARD. (CONT'D) design stage. Mr. B. Stanley stated that Pinnacle Drive meets all the criteria for a scenic road and in this regard Mr. D. Mansell explained the engineering problems that are foreseen by the Public Works Department. Mr. Bernie Hermsen, MacNaughton Hermsen Britton Clarkson Planning Ltd., 171 Victoria Street North, appeared as a delegation and advised that he was in support of recommendation 2A in the staff report. He indicated that with regard to the lands of Del Wideman it was believed that portions of the land are serviceable by gravity sewer and with regard to Ormston lands located to the southwest, he advised that their concerns had been addressed. Mr. Adam Belsky, 532 Pinnacle Drive, appeared as a delegation in opposition to the applications. He advised that when he purchased his land, he was told that there would be estate residential development on the Monarch lands abutting Pinnacle Drive which would be similar to properties on his side of Pinnacle Drive. He indicated that he had just received the staff report and was opposed to the lot sizes proposed for Monarch lands abutting Pinnacle Drive. Mr. Belsky stated that only with development similar to his own home would the value of his property be preserved and requested that the Committee re-institute large estate residential lots on the adjacent Monarch lands. In response to Councillor J. Ziegler, Mr. Mark Tutton, Monarch Construction, advised that the lots in question were actually 15 metres at the street line and with a pie shape became very large lots that would accommodate houses of approximately 3000 square feet. Mr. Belsky requested that Monarch develop lots with 60 to 80 foot frontages similar to what they have done in the Wyldwood section. Mr. Allan Gonchar, 548 Pinnacle Drive, advised that his concern was the effect that the proposed subdivision would have on the values of lots that are already developed in an estate type manner. He questioned if the subdivision plan might be changed again and suggested that 3000 square foot homes would probably not be built. In summary, he stated that if the applications are approved, the area would not look the way it was originally planned to look as estate residential. In response to Councillor T. Galloway, Mr. Z. Janecki advised that the approved Official Plan and the Community Plan designate the area in question as Iow density residential and the Zoning and Subdivision Applications were in compliance with these plans. Mr. Mark Tutton advised that Monarch was in support of both staff reports which results in a density of approximately 2.3 units per acre. Further, he confirmed that the lots backing onto Pinnacle Drive would be larger type homes. Mr. B. Stanley reviewed the planning for the area and pointed out that the Official Plan was initiated in 1975 and finally approved in 1979 with an Amendment in 1982 and confirmed that since 1979 the subject lands have been designated Iow density residential. No other delegations responded to the Chairman's invitation to address the Committee on this matter. Councillor M. Wagner questioned where the Community Trail was located that is mentioned on page 8 of the staff report and requested that staff advise him in this regard. At this point, it was suggested that in future, staff include the location of Community Trails on the Plan of Subdivision Map attached to the staff report. The recommendations in the staff report were then considered and the revisions outlined in Report PD 101/93 were agreed to. The recommendations as revised were then considered. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 162 - SEPTEMBER 20, 1993 11. PD 85/93 - PINNACLE DRIVE. - REVISION TO DOON SOUTH COMMUNITY PLAN. - ZONE CHANGE APPLICATION 901401PIZJ. - SUBDIVISION APPLICATION 30T-90029. - MONARCH CONSTRUCTION LTD. - SOUTH WARD. (CONT'D) On motion by Councillor B. Stortz it was resolved: "A) That Map 1 dated August, 1993 of the Doon South Community Plan Consolidation dated January 19, 1989 be revised to reflect the proposed subdivision plan and a northerly shift of the collector road and that a portion of the plan be deferred pending a detailed review of the sanitary sewer servicing limits in conjunction with the Daan Creek Subwatershed Study findings and necessary future revisions to the land use designations of the Daan South Community Plan as shown on Map 1, dated revised September 1993. It is the opinion of this Committee that the approval of this revision to the Community Plan is proper planning for the City. B) That Zone Change Application 90/40/P/ZJ (Monarch Construction Limited) requesting a change in zoning from Agricultural (A) according to Township of Waterloo By-law 878A to Restricted Residential (R2A), Semi-Restricted Residential (R2B), Semi-Restricted Residential (R2C) with special regulations and Park, Public Open Space (P) according to By-law 4830 on Part of Lot 8, Beasley's Old Survey and Part of Biehn's Unnumbered Tract, in the form shown in the "Proposed By-law" attached dated August 30, 1993 be approved, subject to the Subdivision Agreement conditions contained herein in C) 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. c) That Subdivision Application 30T-90029 (Monarch Construction Limited) be recommended to the Regional Municipality for draft approval subject to the following conditions: That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined in the attached Plan of Subdivision and that the following conditions shall be written therein. The Subdivider covenants and agrees: 51. That the final plan for registration purposes shall be prepared in accordance with the attached plan of subdivision dated 93 09 02, providing that minor amendments to said plan, acceptable to the Commissioner of Planning and Development and not affecting the numbering of Lots or Blocks, may be permitted without amendment to this agreement. 52. To submit a Lot Grading and Drainage Control Plan for the approval of the City's Commissioner of Public Works, in consultation with the Department of Parks and Recreation, the Grand River Conservation Authority and the Regional Municipality of Waterloo, prior to registration of the plan of subdivision. The Subdivider agrees that provision for Community Trails to the satisfaction of the City's Department of Parks and Recreation shall be included on the Grading and Drainage Control Plan. 53. To submit for the approval of the City's Commissioner of Public Works in consultation with the Department of Parks and Recreation and the Grand River Conservation Authority, a detailed engineering design for storm water management in accordance with the approved concept plan. Further, the Subdivider agrees to include temporary storm water management facilities within Block 140 as part of the approved design. Said engineering design shall include provision for any required erosion and siltation control features to be installed both during and after grading and construction stages. The Subdivider further agrees to implement all required measures as outlined in the approved final design. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 163 - SEPTEMBER 20, 1993 11. PD 85/93 - PINNACLE DRIVE. - REVISION TO DOON SOUTH COMMUNITY PLAN. - ZONE CHANGE APPLICATION 901401PIZJ. - SUBDIVISION APPLICATION 30T-90029. - MONARCH CONSTRUCTION LTD. - SOUTH WARD. (CONT'D) 54. To construct 1.5 metre wide concrete sidewalks along the following streets to the satisfaction of the City's Department of Public Works: a) along both sides of Windrush Trail, Street A, B, E and F; 55. 56. 57. 58. 59. 60. 61. b) along the northerly side of Street C between Street A to Walkway Block 147 and along the southerly side of Street C across the flankages of Lots 93 and 94; and c) along the southerly side of Street D from Street A to Walkway Block 144 and along the northerly side of Street D across the flankages of Lots 86 and 102. That the street names within the Plan of Subdivision shall be approved by City Council prior to registration of the Plan of Subdivision. To convey to the City of Kitchener the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of the Subdivision Plan: a) Block 133 for neighbourhood park purposes; b) Blocks 134, 135, 136 and 137 for open space purposes; c) Blocks 142 and 143 for municipal services/drainage purposes; and d) Blocks 150 to 155 inclusive for 0.3 metre reserves. To dedicate by plan registration Walkway Blocks 144 to 147 inclusive and Road Widening Blocks 148 and 149 as "Public Highway". That construction traffic to and from the proposed subdivision shall be restricted to using the temporary road during Phase 1 and Streets A and F during Phases 2, 3 and 4 with construction traffic from all phases proceeding from these roads southerly along Pinnacle Drive to New Dundee Road. All construction traffic shall be prohibited from using other internal residential streets in the community. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement and the Subdivider being responsible for any signage where required, all to the satisfaction of the Director of Traffic and Parking Services. To fill, compact and grade in both preliminary and finished form, top soil and seed/sod Block 133 to the satisfaction of the Department of Parks and Recreation. Said works are to be completed in conjunction with the timing of grading of surrounding residential development and not to exceed two years from the registration of the Subdivision Plan or at an alternate time approved in writing by the Department of Parks and Recreation. To upgrade existing Pinnacle Drive immediately abutting the Plan of Subdivision as part of Phase 2 development to the satisfaction of the Department of Public Works. That the extension of Street F through southerly lands to connect to Pinnacle Drive along the final alignment shall be secured by the City for public highway purposes and opened by By-law, if necessary, prior to any building permits being issued in Phase 2. Further, Street F and its connection to Pinnacle Drive shall be completed and open to public vehicular traffic prior to the issuance of building permits in Phase 2. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 164 - SEPTEMBER 20, 1993 11. PD 85/93 - PINNACLE DRIVE. - REVISION TO DOON SOUTH COMMUNITY PLAN. - ZONE CHANGE APPLICATION 901401PIZJ. - SUBDIVISION APPLICATION 30T-90029. - MONARCH CONSTRUCTION LTD. - SOUTH WARD. (CONT'D) 62. That in consideration of the wooded character of portions of the subdivision lands and the City's desire to minimize the impact of development on certain treed areas worth saving, the Subdivider agrees to comply with the following two step process in the development of the subdivision. a) b) Prior to the City releasing the Subdivision Plan for registration, the Subdivider shall submit the proposed Grading Control Plan for the approval of the Commissioner of Parks and Recreation in consultation with the Department of Planning and Development. This approval shall be in addition to the Commissioner of Public Works approval required by Clause 36 of this agreement and the City agrees to coordinate engineering and tree saving objectives between the relevant City Departments in order to reach a satisfactory Grading Control Plan. The plan submitted to the Commissioner of Parks and Recreation shall show: Existing and proposed grade elevations. ii) Indication of ground water and surface drainage. iii) Description of soil characteristics. iv) Delineation of "work zones"; being defined as areas to be disturbed due to area/rough grading, cut and fill, installation of roads and services or construction vehicular access. v) Location description of tree protection measures to be implemented around specified work zones. The Subdivider agrees that no work, road construction or any grading within the subdivision shall occur until such time as all measures for the protection of trees affected by such construction or grading have been implemented to the satisfaction of the Department of Planning and Development. vi) Location of proposed stock piles of excavation materials. Prior to the Subdivider applying for or being issued a Building Permit for any particular lot containing trees worth saving as shown on the Grading Control Plan approved by the Commissioner of Parks and Recreation, a tree saving/site plan for the particular lot shall be submitted to and approved by the Department of Planning and Development. Said plan(s) shall show: i) Delineation of "work zones"; being defined as areas to be disturbed due to site, final grading, excavation, installation of services or construction vehicular access. ii) Approximate location, size, species and condition of all existing trees greater than 100 DBH which are required within a 6.0 metre ban around the defined work zones. iii) Indication of which trees are to be saved within a 6.0 metre ban around the work zones, such trees being tagged, or similarly identified in the field by the Subdivider. iv) Location and description of tree protection measures to be implemented within each particular lot around work zones. The Subdivider agrees to implement at his cost, approved tree protection measures prior to any site grading, excavation, or construction occurring on the particular lot. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 165 - SEPTEMBER 20, 1993 11. PD 85/93 - PINNACLE DRIVE. - REVISION TO DOON SOUTH COMMUNITY PLAN. - ZONE CHANGE APPLICATION 901401PIZJ. - SUBDIVISION APPLICATION 30T-90029. - MONARCH CONSTRUCTION LTD. - SOUTH WARD. (CONT'D) v) The location of proposed stock piles of excavation materials. vi) Existing and proposed elevations. vii) Location of proposed stock piles of excavation materials. c) The Subdivider agrees to develop the subdivision in accordance with all approved plans and agrees that no trees shall be removed from the subdivision lands except those trees approved for removal as shown on the Grading Control Plan approved by the Commissioner of Parks and Recreation or as shown on the approved tree saving/site plan(s) without the permission of the City. Furthermore, the Subdivider agrees to provide the relevant builders and prospective purchasers a copy of the Grading Control Plan approved by the Commissioner of Parks and Recreation and a copy of the approved tree saving/site plan(s) where applicable. 63. To install a permanent 1.2 metre high, paige-wire fence or an alternate marking system to the satisfaction of the City's Department of Parks and Recreation along the flankage and/or rear lot lines of Lots 10 to 31, 33 to 46, 105 to 132 all inclusive where such lot lines abut open space blocks. 64. To construct at its cost a temporary access road from Windrush Trail to Pinnacle Drive as generally outlined on the attached Phasing of Development Plan as part of Phase 1 of the development. Said temporary road shall be constructed to City standards save and except for a concrete sidewalk and shall include temporary street lighting along the temporary road and at its intersections with Windrush Trail and Pinnacle Drive all to the satisfaction of the Commissioner of Public Works. The temporary access road shall be completed and open to public vehicular traffic prior to the issuance of any building permits in Phase 1. Further, the Subdivider agrees to provide an easement to the City of Kitchener for the lands on which the proposed temporary road will be located. The appropriate easement shall be granted to the City prior to registration of the plan of subdivision. The City agrees to quit- claim the easement after completion of the road works for Streets A and F in Phase 2 of the subdivision. 65. That Blocks 139 and 140 be reserved for future development. No building permits shall be issued until the following matters have been addressed: a) the lands have been appropriately zoned and a plan of subdivision or severance of the blocks approved; b) the Blair/Bechtel/Bowman Creek Sub-Water Shed Study has been completed and approved by the City and Grand River Conservation Authority; and c) appropriate servicing for sewage disposal has been determined and approved in accordance with Regional policies. 66. That Block 141 be conveyed to the owner of the abutting easterly property for the purposes of an access route for future residential development within 3 years of registration of the Plan of Subdivision. 67. That subsequent to the registration of the Plan of Subdivision and following the completion of the required access roads to the satisfaction of the Department of Public Works in Phase 1, the City Solicitor shall arrange for the passing of a By-law by Council opening Blocks 145 and 170, Registered Plan 1710 as "Public Highway". PLANNING AND ECONOMIC - 166 - SEPTEMBER 20, 1993 DEVELOPMENT COMMITTEE 11. PD 85/93 - PINNACLE DRIVE. - REVISION TO DOON SOUTH COMMUNITY PLAN. - ZONE CHANGE APPLICATION 901401PIZJ. - SUBDIVISION APPLICATION 30T-90029. - MONARCH CONSTRUCTION LTD. - SOUTH WARD. (CONT'D) 68. That the conveyance of Block 133, 2.27 hectares (5.609 acres) for neighbourhood park purposes for this Plan of Subdivision being 1.14 hectares (2.817 acres) as well as the 1.13 hectare (2.792 acres) park dedication deferred as part of Registered Plan 1710 shall satisfy the park dedication requirement of the Planning Act. 69. The Subdivider agrees to install 1.2 metre high temporary snow fencing along the limits of residential lots and Windrush Trail which abut Blocks 134, 135, 136 and 137. The Subdivider shall be responsible for installing appropriate signs every 45 metres noting that there shall be no dumping in this area; with installation to the satisfaction of the City's Director of Development prior to any area grading or building permits being issued. The Subdivider shall be responsible for the removal all material dumped in this area and the temporary fencing shall be removed following completion of all construction within the plan area. 70. That as part of Phase 2 development to make satisfactory arrangements with the Department of Public works for the extension of a watermain from the south for secondary water supply purposes prior to the issuance of any building permits. 71. That Block 138 be reserved for future development. No building permits shall be issued for Block 138 until a determination of appropriate land uses and road extensions have been made following the completion of a detailed study of the Doon South Community Plan revisions/wetlands to the west; appropriate zoning and plan of subdivision/severance have been approved. Further, the Subdivider agrees to provide a temporary turning circle at the end of Windrush Trail within Block 138 as shown on the Phasing of Development Map for transit purposes until a determination has been made for Block 138. 72. That the installation of the sanitary and storm sewers through the Open Space Block 134 from Street A to Pinebrook Hollow shall utilize tunnelling as the preferred construction method and shall be constructed as part of Phase 1. If, for whatever reason this method is found not to be feasible and acceptable in the opinion of the Commissioner of Public Works, then the open cut method may be utilized. It is the opinion of this Committee that the approval of this application is proper planning for the City. D) That the implementing Zoning By-law for Zone Change Application 90/40/P/ZJ (Monarch Construction Limited) will not be presented to City Council until Subdivision Application 30T- 90029 has received Regional Draft Approval whereupon the Amending Zoning By-law shall be presented to City Council for all three readings. Alternatively, three readings of the Amending Zoning By-law may be given if the City Clerk is presented with a letter from the Regional Municipality of Waterloo advising that the Region has no objection to the passing of the Zoning By-law in the form shown in the Staff Report PD 85/93. E) That subsequent to receiving conveyance of Block 133, the City Solicitor release from title the auxiliary agreement registered on title pertaining to the deferral of the 5% park dedication under Instrument Number 999356." The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, September 27, 1993. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 167 - SEPTEMBER 20, 1993 11. PD 85/93 - PINNACLE DRIVE. - REVISION TO DOON SOUTH COMMUNITY PLAN. - ZONE CHANGE APPLICATION 901401PIZJ. - SUBDIVISION APPLICATION 30T-90029. - MONARCH CONSTRUCTION LTD. - SOUTH WARD. (CONT'D) On motion by Councillor M. Wagner, it was resolved: "That the Department of Planning and Development delineate lands designated for Community Trails on all Plans of Subdivision." 12. PD 92/93 - ESTABLISHMENT OF PUBLIC MEETING DATE. - NEW SECONDARY PLANS, SECONDARY PLAN AMENDMENTS FOR INNER CITY & STAGE 6 OF THE COMPREHENSIVE ZONING BY-LAW 85-1. The Committee was in receipt of Planning and Development Staff Report PD 92/93 dated September 14, 1993 requesting the Committee to hold special meeting and establish a public meeting date in that regard. On motion by Councillor C. Zehr, it was resolved: "That Monday, November 29, 1993 at 6:30 p.m. in The Conestoga Room be set as the formal public meeting date to consider 3 new Secondary Plans, 6 Secondary Plan Amendments and Stage 6 of the Comprehensive Zoning By-law as follows: a) Official Plan Amendment 92/14 - King Street East (Areas 1 and 2) Secondary Plan. b) Official Plan Amendment 88/7 - Mill Courtland Neighbourhood Secondary Plan. c) Official Plan Amendment 88/9 - North Ward Secondary Plan. d) Official Plan Amendment 92/15 - Amendment to Cedar Hill Secondary Plan. e) Official Plan Amendment 92/16 - Amendment to Central Frederick Secondary Plan. f) Official Plan Amendment 92/17 - Amendment to Victoria Park Neighbourhood Secondary Plan. g) Official Plan Amendment 92/18 - Amendment to K-W Hospital Neighbourhood Secondary Plan. h) Official Plan Amendment 92/19 - Amendment to Victoria Street Secondary Plan. i) Official Plan Amendment 93/4 - Amendment to Civic Centre Secondary Plan. j) Zone Change 92/26/TC - Stage 6 of the Comprehensive Zoning By-law." 13. PD 97~93 - REGION OF WATERLOO - REQUEST FOR MODIFICATION TO OPA #147 - LAURENTIAN WEST COLLECTOR ROADS & OPEN SPACE. - SOUTH WARD. The Committee was in receipt of Planning and Development Staff Report PD 97/93 dated September 13, 1993 concerning recommended modifications to Official Plan Amendment No. 147 (Laurentian West Collector Roads and Major Open Space) that would slightly enlarge the Laurentian Wetland to protect the water quality of an area of inflow into this wetland. Mr. P. Britton, MacNaughton Hermsen Britton Clarkson Planning Ltd., appeared as a delegation and indicated that his clients were in support of the recommended modification. No other delegations were registered respecting this matter. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 168 - SEPTEMBER 20, 1993 13. PD 97/93 - REGION OF WATERLOO - REQUEST FOR MODIFICATION TO OPA #147. - LAURENTIAN WEST COLLECTOR ROADS & OPEN SPACE. - SOUTH WARD. (CONT'D) On motion by Councillor B. Stortz, it was resolved: "That Kitchener City Council request the Council of the Regional Municipality of Waterloo to modify Official Plan Amendment No. 147 - Laurentian West Collector Roads and Major Open Space - to enlarge the Major Open Space designation between the Laurentian Wetlands and Ottawa Street, east of Street D. This is in accordance to a request made by Regional staff based on comments from the Grand River Conservation Authority. Such modification will be as follows: 1. Map 1, "Plan for Land Use" of Official Plan Amendment No.147 - Laurentian West Collector Roads and Major Open Space is hereby amended as shown on the attached "Schedule A"." The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, September 27, 1993. 14. ADJOURNMENT On motion, the meeting adjourned at 6:35 p.m. L.W. Neil, AMCT Assistant City Clerk