HomeMy WebLinkAboutPlng & Econ Dev - 1994-04-18PED\1994-04-18
APRIL 18, 1994
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
CITY OF KITCHENER
The Planning and Economic Development Committee met this date commencing at 4:00 p.m. under the
Chairmanship of Councillor C. Weylie, with the following members present: Mayor D.V. Cardillo, and
Councillors J. Ziegler, T. Galloway, M. Yantzi, G. Leadston, J. Smola, C. Zehr, B. Stortz and M. Wagner.
Councillor G. Lorentz entered the meeting after its commencement.
Officials present:
Mr. J. Gazzola, Mr. S. Klapman, Mr. B. Stanley, Mr. T. McCabe, Ms. C. Ladd,
Ms. J. Given, Mr. D. Mansell, Mr. D. Snow, Mr. L. Masseo, Mr. J. Witmer, Mr.
J. Hancock, Mr. J. Wallace, Ms. V. Gibaut, Ms. S. Frenette, Ms. S. Kennedy
and Mr. L.W. Neil.
PD 94/16 - INFLATABLE SIGNS - RECOMMENDATION (B) ONLY - REQUEST TO AMEND SIGN BY-LAW
The Committee was in receipt of Planning and Development Staff Report PD 94/16 dated
February 3, 1994. The report was originally considered at the Committee's February 28th meeting
and re-circulated this date so as to allow the Committee to consider Recommendation (B) of the
report which had been deferred at the February 28th meeting.
Mr. T. McCabe pointed out that staff recommend no changes be made to the existing regulations
which prohibit the use of inflatable signs and noted that the basis for the recommendation was
contained on Pages 4 & 5 of the Staff Report. He also advised the Committee that should it not
agree with the staff recommendation that Appendix "C" of the report contained draft regulations for
inflatable signs for the Committee's consideration.
Mr. H.S. (Bud) Jackson, 148 McKenzie Street, Listowel, appeared as a delegation in support of the
use of inflatable signs. Mr. Jackson's original submission to the Committee promoting the use of
inflatable signs had been re-circulated to the Committee Members with the meeting Agenda. He
advised that since his last appearance he gathered more information and it would appear that the
City of London allows the use of inflatable signs on a limited basis and the City of Cambridge
appears to be looking the other way on the issue, thus allowing them to be used. Mr. Jackson
commented that inflatable signs would further promote businesses and promote their economic
recovery in the City. He commented on a personal example that he was aware of with regard to
the special effect that inflatable signs can have. In reference to the concern of staff that inflatable
signs would tend to create a carnival atmosphere, he suggested that if they were use sparingly for
short term promotions this would alleviate these concerns and encourage the best possible public
response to special events.
Councillor G. Lorentz entered the meeting at this point.
In response to Councillor J. Ziegler, Mr. Jackson responded that the use period for inflatable signs
should be shorter than that for portable signs, that the sizes of inflatable signs that he deals with
vary from 8 feet to 28 feet in height and explained how the signs are usually anchored. Councillor
M. Wagner questioned if business advertising dollars would be shifted from other forms of
advertising in order to utilize inflatable signs or whether the customer would consider costs of
inflatable signs as additional to their routine advertising budgets. Mr. Jackson stated that he felt
customers when utilizing inflatable signs consider costs in this regard to be additional advertising
costs in order to accommodate a special event and to be directed specifically to commuters who
may not be reached directly by other forms of advertising. He also stated that based on past
experience he would expect that in the City of Kitchener there would be from 10 to 20 inflatable
signs in use at any one time. Mayor D.V. Cardillo questioned if Mr. Jackson would support
inflatable signs being approved for a six month trial period and he indicated that he would. On the
issue of rooftop advertising, Mr. T. McCabe advised that the Sign By-law does not allow it.
PD 94/16 - INFLATABLE SIGNS - RECOMMENDATION (B) ONLY - REQUEST TO AMEND SIGN BY-LAW (CONT'D)
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994 - 58 - CITY OF KITCHENER
Councillor M. Wagner stated that he would support approval on a temporary six months trial basis
and noted that he felt that the concern being expressed in the Staff Report had more to do with the
issue of proliferation rather than the aesthetics related to inflatable signs. It was his view that
inflatable signs were a unique promotional method.
Mr. T. McCabe referred to the draft regulations for inflatable signs listed in Appendix "C" attached
to the report and commented on the issues relating to their use. Councillor J. Ziegler suggested
the following possible criteria relative to use of inflatable signs: 15 days 3 times per year, that
regulations of inflatable signs not affect the portable sign regulations and that the size be
determined by location as long as it does not inhibit use of the property, traffic considerations or
negatively impact neighbouring properties. Mr. T. McCabe indicated that if the Committee
approved of the use of inflatable signs, staff could prepare comprehensive regulations for
consideration at the Committee's May 2nd meeting.
On motion by Councillor M. Wagner,
it was resolved:
"That the Sign By-law be amended to allow the use of inflatable signs on a six (6) month trial basis
and the proposed regulations be considered by the Planning and Economic Development
Committee at its May 2nd meeting."
PD 94/31 - REQUEST FOR APPROVAL OF PROPOSED STREET NAMES - SUBDIVISION 30T-86028 (I.C.I. REALTY LTD.)
- SUBDIVISION 30T-89011 (OLD CHICOPEE ESTATES)
-SUBDIVISION 30T-89017 (KITCHENER-CHICOPEE PROPERTIES LTD.)
- CHICOPEE WARD
The Committee was in receipt of Planning and Development Staff Report PD 94/31 dated April 5,
1994 proposing street names for three plans of subdivision on the City's east side.
Mr. T. McCabe advised that all of the proposed names were in accordance with street naming
policy. He asked that the Committee take note of and explained the proposals with regard to the
renaming of Old Chicopee Drive in two sections resulting in one section being renamed Old
Chicopee Trail and the other section being renamed to Morrison Road. He pointed out that the
formal street closing and renaming was a separate process that would be dealt with by City
Council.
Mr. B. Clarkson appeared as a delegation to advise that his client was in support of the
recommendations contained in the Staff Report.
No other delegations were registered respecting this matter.
On motion by Councillor C. Zehr,
it was resolved:
"a) That the following proposed street names be approved for Plan of Subdivision 30T-86028
(I.C.I. Realty Ltd.):
Street One - Briarmeadow Drive
Street Two - Briarfield Street
Street Three - Idle Creek Drive
Street Four - Briarfield Court
Street Five - Fairway Court
Street Six - Fairway Crescent
Street Seven - Morrison Road
b)
That the following proposed street names be approved for Plan of Subdivision 30T-89011
(Old Chicopee Estates):
PD 94/31 - REQUEST FOR APPROVAL OF PROPOSED STREET NAMES - SUBDIVISION 30T-86028 (I.C.I. REALTY LTD.)
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994 - 59 - CITY OF KITCHENER
- SUBDIVISION 30T-89011 (OLD CHICOPEE ESTATES)
-SUBDIVISION 30T-89017 (KITCHENER-CHICOPEE PROPERTIES LTD.)
- CHICOPEE WARD
Street A - Briarmeadow Drive
Street B - Idle Creek Drive
Street C - Breckwood Place
Street D - Briarmeadow Place
Street E - Wrenwood Place
Street F - Briarmeadow Crescent
Street G - Ardwood Place
Street H - Branwood Place
c)
That the following proposed street names be approved for Plan of Subdivision 30T-89017
(Kitchener- Chicopee Properties Ltd.):
Street A - Briarmeadow Drive
Street B - Idle Creek Drive
Street C - Tisdale Court
Street D - Sandwell Court
Street E - Lynn Court
d)
That the section of existing Old Chicopee Drive between future Daimler Drive and future
Fairway Road be renamed "Old Chicopee Trail" and staff be directed to prepare the
necessary By-law and legal advertisements required to change the name and undertake any
required change to municipal numbers to buildings on that section of street.
e)
That the section of existing Old Chicopee Drive between Street Seven in Plan of Subdivision
30T-86028 and Morrison Road be renamed "Morrison Road" and staff be directed to prepare
the necessary By-law and legal advertisements required to change the name and undertake
any required change to municipal numbers to buildings located within that section of street."
PD 94/34 - REGION OF WATERLOO MODIFICATION - OFFICIAL PLAN AMENDMENT NO. 150
- COMPREHENSIVE FLOOD PLAIN POLICIES
The Committee was in receipt of Planning and Development Staff Report PD 94/34 dated April 11,
1994 dealing with Modifications requested by the Regional Municipality of Waterloo to Official
Plan Amendment No. 150 - Comprehensive Flood Plain Policies.
It was noted in the report that City Council adopted Official Plan Amendment No. 150 on January
24, 1994 which established new Flood Plain Policies for the City and implemented a Two-Zone
approach for the inner-city, Upper Doon and Bridgeport East. Approval of the Stage 6 related
Secondary Plan Amendments and Stage 6 of the Comprehensive Zoning By-law (94-1) is
contingent upon approval of Official Plan Amendment No. 150. Accordingly, staff recommend the
Committee endorse the Modifications listed in the report as proposed by the Region.
Mr. B. Stanley commented that the Modifications represent housekeeping clarifications to the
Flood Plain Policies and that they serve simply to clarify issues.
Councillor T. Galloway questioned how affected land owners would be made aware of the change
to a One-Zone Flood Policy Area and Mr. L. Masseo advised that land owners/residents would be
informed of the change through the notification process relative to Stage 6 of the Comprehensive
Zoning By-law.
PD 94/34 - REGION OF WATERLOO MODIFICATION - OFFICIAL PLAN AMENDMENT NO. 150
- COMPREHENSIVE FLOOD PLAIN POLICIES. (CONT'D)
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994 - 60 -
CITY OF KITCHENER
On motion by Councillor G.L. Leadston,
it was resolved:
"That we endorse the following modifications to Official Plan Amendment 150 proposed by the
Regional Municipality of Waterloo as outlined:
Modification No. 1
Part 9 of the Amendment is modified by deleting the second sentence of Policy 12.i) and replacing
it with the following:
"The Regulatory Floodline defines the limits of the flood plain and is calculated using the
Hurricane Hazel storm centred event of 1954 as the flood standard."
Modification No. 2
Part 9 of the Amendment is modified by renumbering existing Policies 12.viii) through 12.xxiii) as
12. ix) through xxiv).
Modification No. 3
Part 9 of the Amendment is modified by adding the following new Policy 12.viii):
"12.viii)
Notwithstanding Policies 12.x) and 12.xv) all proposed Trunk, Primary and
Secondary Roads whose general alignment is shown on Map 2, "Flood Plain and
Environmental Areas" shall be permitted within the flood plain."
Modification No. 4
Part 9 of the Amendment is modified by adding the phrase "...roads that appropriate planning
studies have determined must be located in the flood plain;..." to renumbered Policy 12.x) so that it
reads as follows:
"12.x)
No new development shall be permitted in a One-Zone Policy Area designa-
tion except those uses which include open space for public and private
recreation; agricultural uses for cropland and livestock and buildings or structures
directly related to the agricultural use; aggregate extraction save and except
buildings or structures; public and private works that must locate in the flood plain
by nature of their use with the exception of those uses specifically prohibited by
Policy IV. 12.iv); roads that appropriate plannin,q studies have determined must be
located in the flood plain; and buildings operated by a public authority that are
normally associated with the proper management of the natural environment."
Modification No. 5
Part 9 of the Amendment is modified by adding the phrase "... and roads that appropriate planning
studies have determined must be located in the flood plain;..." to renumbered Policy 12.xv) so that
it reads as follows:
"12.xv)
Development in the flood fringe will be restricted to infilling, redevelopment or
replacement of existing buildings or structures, and major additions or alterations
to existing buildings as of the date of adoption of this Amendment. Development
in the floodway shall be restricted to minor expansions and minor alterations to
buildings existing as of the date of adoption of this Amendment provided no new
dwelling units are created. With the exception of those uses specifically
prohibited by Policy IV. 12.iv), public and private works which must locate in the
PD 94/34 - REGION OF WATERLOO MODIFICATION - OFFICIAL PLAN AMENDMENT NO. 150
- COMPREHENSIVE FLOOD PLAIN POLICIES. (CONT'D)
flood plain by nature of their use and roads that appropriate plannin,q studies
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994
- 61 - CITY OF KITCHENER
have determined must locate in the flood plain shall be permitted in both the flood
fringe and the floodway. With the exception of consents for mortgage purposes
or to subdivide existing dwellings, no new land severances will be permitted in the
floodway portion of the flood plain."
Modification No. 6
Part 10 of the Amendment, "Section V. 10 "Plan for Land Use - Major Open Space" is modified by
adding the phrase "...,except a gas bar or automobile service station,..." to the fifth sentence of the
third paragraph so that it reads as follows:
"A permitted use within a Convenience Commercial or Neighbourhood Commercial Plaza may
change to any other permitted use within the same designation, except a .qas bar or automobile
service station, without a Zone Change."
Modification No. 7
Schedule "B" of the Amendment, "Amendment to Map No. 2 of the Official Plan -Flood Plain and
Environmental Areas" is modified by extending the limits of the Two-Zone Flood Plain Policy Area
designation applied to the Business Park lands located at Victoria Street North and the Grand
River as shown on Map 1 attached.
Modification No. 8
Schedule "B" of the Amendment, "Amendment to Map No. 2 of the Official Plan -Flood Plain and
Environmental Areas" is modified by adding the approved storm sewer and storm water
management facility for the FreureNoisin lands on Ottawa Street South as a One-Zone Flood
Plain Policy Area as shown on Map 2 attached.
Modification No. 9
Schedule "B" of the Amendment, "Amendment to Map No. 2 of the Official Plan -Flood Plain and
Environmental Areas" is modified by changing the designation of the flood plain for the reach of
Schneider Creek in Lower Doon located between Homer Watson Boulevard and the Grand River
as a One-Zone Flood Plain Policy Area instead of a Two-Zone Flood Plain Policy Area."
PD 94/25 - 384-402 QUEEN STREET SOUTH (VICTORIA PARK WARD) - 11-15 GILDNER AVENUE (VICTORIA PARK WARD)
- 27 SCHNEIDER AVENUE (VICTORIA PARK WARD)
- 161-169 KENT AVENUE (ROCKWAY-ST. MARY'S WARD)
- ZONE CHANGE APPLICATION 94131TCICL
- CITY OF KITCHENER
- HOUSEKEEPING AMENDMENTS TO BY-LAW 94-1
The Committee was in receipt of Planning and Development Staff Report PD 94/25 dated March
28, 1994 dealing with a Zone Change Application submitted by the City of Kitchener. The
proposed zoning change is intended to either provide for revised zoning or to correct a number of
minor errors to the recently approved By-law 94-1 as applied specifically to the following
properties: 27 Schneider Avenue, 161, 165 and 169 Kent Avenue, 384-402 Queen Street South
and 11, 13 and 15 Gildner Avenue. In this regard, the Committee considered the proposed By-law
dated March 24, 1994 attached to 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.
PD 94/25 - 384-402 QUEEN STREET SOUTH (VICTORIA PARK WARD) - 11-15 GILDNER AVENUE (VICTORIA PARK WARD)
- 27 SCHNEIDER AVENUE (VICTORIA PARK WARD)
- 161-169 KENT AVENUE (ROCKWAY-ST. MARY'S WARD)
- ZONE CHANGE APPLICATION 94131TCICL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994 - 62 -
- CITY OF KITCHENER
- HOUSEKEEPING AMENDMENTS TO BY-LAW 94-1. (CONT'D)
CITY OF KITCHENER
Mr. T. McCabe explained that the proposed Amendment was primarily housekeeping in nature and
serves to correct a number of minor errors within By-law 94-1 including the omission of a special
regulation for 1 property, a mapping error for 1 property and 2 late requests for changes to the
zoning received subsequent to the passing of the new By-law. He advised that no preliminary
circulation was undertaken with respect to this matter but that all affected owners had been notified
of the Committee's consideration of the application.
No delegations responded to the Chairman's invitation to address the Committee on this matter.
Councillor C. Zehr referred to a property at 556 King Street East that was caught up in the Stage 6
rezoning and was being forced to apply to the Committee of Adjustment for what it legally enjoyed
prior to the rezoning. Mr. T. McCabe advised that the property in question was an unusual
situation in that it was a commercial plaza with no parking and was affected by the mix of its
tenants. Councillor Zehr questioned if the Committee of Adjustment application fee could be
waived given that the situation was unfair.
Councillor M. Wagner referred to the rezoning of 27 Schneider Avenue and noted that there were
large trees located in the back of the property. He questioned if the trees could be saved when the
parking lot is developed. Mr. T. McCabe advised that through the site plan, an attempt would be
made to save the trees but if not, staff had the authority to require alternative plantings in
exchange for removal of the trees.
On motion by Councillor M. Wagner,
it was resolved:
"That Zone Change Application 94/3/TC/CL (City of Kitchener) be approved, without conditions, in
the form shown in the attached "Proposed By-law" dated March 22, 1994 representing
housekeeping amendments to By-law 94-1 as follows:
(a) To change the zoning from Residential Five Zone (R-5) to Commercial Residential Three
Zone (CR-3) on the rear portion of 27 Schneider Avenue;
(b) To change the zoning from Residential Five Zone (R-5) to General Industrial (M-2) Zone on
161,165, and 169 Kent Avenue;
(c) Amending Schedule No. 78 of Appendix "A" by applying thereto Special Regulation
Provision 138R to 11 - 13 Gildner Avenue;
(d) Amending Schedule No. 78 of Appendix "A" by applying thereto Special Regulation
Provision 139R to 15 Gildner Avenue;
(e) Amending Appendix "A" by adding Special Regulation Provision 163 to 384 - 402 Queen
Street South.
It is the opinion of this Committee that the approval of this application is proper planning for the
City."
Councillor M. Yantzi disclosed a conflict of interest and abstained from all discussion and voting
with regard to the property known municipally as 384-402 Queen Street South as it is located in
the vicinity of his personal residence.
PD 94/25 - 384-402 QUEEN STREET SOUTH (VICTORIA PARK WARD) - 11-15 GILDNER AVENUE (VICTORIA PARK WARD)
- 27 SCHNEIDER AVENUE (VICTORIA PARK WARD)
- 161-169 KENT AVENUE (ROCKWAY-ST. MARY'S WARD)
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994 - 63 - - ZONE CHANGE APPLICATION 94131TCICL
- CITY OF KITCHENER
- HOUSEKEEPING AMENDMENTS TO BY-LAW 94-1. (CONT'D)
CITY OF KITCHENER
On motion by Councillor C. Zehr,
it was resolved:
"That the Development Division be directed to cover the costs of an application to the Committee
of Adjustment from revenue of the Compliance Letters account for the property municipally known
as 556 King Street East, which was rezoned under Stage 6 - By-law 94-1 ."
PD 94/22 - 34 HOWE DRIVE - REVISIONS TO VALLEYVIEW ROAD - HOWE DRIVE COMMUNITY PLAN
- ZONE CHANGE APPLICATION 931201HIZJ
- WILLIAM O'NEILL FOR ROY & BERNETTA WETTLAUFER
- SOUTH WARD
The Committee was in receipt of Planning and Development Staff Report PD 94/22 dated March
15, 1994 concerning a Zone Change Application on lands known municipally as 34 Howe Drive,
submitted by William O'Neill for Roy & Bernetta Wettlaufer. The proposed rezoning is from
Agricultural (A) according to Township of Waterloo By-law 878A to Semi-Restricted Residential
(R2B) with special regulations and Park, Public Open Space (P) according to By-law 4830. A
proposed By-law dated March 1, 1994 was attached to the Staff Report.
The subject land is located on the north side of Howe Drive backing onto the Conestoga Parkway
and has a lot area of approximately 0.279 hectares (0.69 acres) and a frontage of 40.32 metres
(132.28 feet). It was noted in the report that the applicant intends to rezone the subject lands to
permit the development of one single detached unit and two semi-detached units on two additional
proposed lots. In concert with the zone change, a revision to the Valleyview Road - Howe Drive
Community Plan is proposed to permit the development.
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. William O'Neill, 42 High Acres Crescent, appeared as a delegation and advised that he was in
support of the recommendation in the Staff Report.
No other delegations responded to the Chairman's invitation to address the Committee on this
matter.
Councillor T. Galloway expressed concern relative to the Community Plan and Mr. T. McCabe
advised that staff were satisfied with the change proposed provided that such change took place in
the form of one application at a time and progressed in order from one end of the Community Plan.
On motion by Mayor D.V. Cardillo,
it was resolved:
"A) That the Valleyview Road - Howe Drive Community Plan be revised by adding the following
policy:
"3.2.7
That notwithstanding the Multiple Residential (40 uph) designation on the lands
described as part of Lot 48, G.C.T., municipally addressed as 34 Howe Drive, the
development of single detached dwellings and semi-detached dwellings shall
also be permitted."
It is the opinion of this Committee that the approval of this revision to the Community Plan is
proper planning for the City.
PD 94/22 - 34 HOWE DRIVE - REVISIONS TO VALLEYVIEW ROAD - HOWE DRIVE COMMUNITY PLAN
- ZONE CHANGE APPLICATION 931201HIZJ
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994 - 64 - - WILLIAM O'NEILL FOR ROY & BERNETTA WETTLAUFER
- SOUTH WARD (CONT'D)
CITY OF KITCHENER
B)
That Zone Change Application 93/20/H/ZJ (William O'Neill for Roy & Bernetta Wettlaufer)
requesting a change in zoning from Agricultural (A) according to Township of Waterloo By-
law 878A to Semi-Restricted Residential (R2B) with special regulations, and Park, Public
Open Space (P) according to By-law 4830 on Part of Lot 48, German Company Tract, be
approved, in the form shown in the proposed By-law attached, dated March 1, 1994, subject
to the following conditions being satisfied prior to any readings of the Amending Zoning By-
law by Council.
That the amending zoning by-law not receive three readings until the revision to the
Valleyview Road Howe Drive Community Plan is approved by the Regional
Municipality of Waterloo.
The Owner acknowledges that Condition 1 hereof is required to be satisfied no later
than seven (7) months from the date of Council having approved by resolution, the
amending zoning by-law relative to Zone Change Application ZC 93/20/H/ZJ. In the
event this requirement is not satisfied 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.
c)
That the Department of Parks and Recreation be authorized to spend money from the Parks
Trust Fund to acquire land along the rear of the Wettlaufer property, for community trail link
purposes above the required 5% Park dedication."
PD 94/27 - 75 ARDELT PLACE - WAGON WHEEL FLEA MARKET
-OFFICIAL PLAN AMENDMENT APPLICATION 93/14
- ZONE CHANGE APPLICATION 93/23/A/LM
- FAIRVIEW WARD
The Committee was in receipt of Planning and Development Staff Report PD 94/27 dated March
18, 1994 concerning a Zone Change Application of the property known municipally as 75 Ardelt
Place and an accompanying report concerning an Official Plan Amendment Application for the
property in question. The proposed zoning change would allow an exhibition facility as an
additional permitted use at 75 Ardelt Place and a proposed By-law dated March 11, 1994 in this
regard was attached to the Staff Report.
It was noted in the report that the purpose of these applications is to permit the establishment of an
exhibition facility (flea market) on lands known as 75 Ardelt Place. In addition, the Official Plan
Amendment would recognize exhibition facilities as a permitted use within any General Industrial
or Heavy Industrial designation subject to the availability of adequate parking in accordance with
Zoning By-law requirements.
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. B. Stanley briefly commented on the purpose of the applications.
No delegations responded to the Chairman's invitation to address the Committee on this matter.
Councillor J. Ziegler referred to the request of CN Rail for installation of chain link fence with a
minimum height of 1.83 metres along the mutual property line and stated that he felt the request
was unnecessary. Mr. B. Stanley commented that he was in support of Councillor Ziegler's view
and opposed the request.
PD 94/27 - 75 ARDELT PLACE - WAGON WHEEL FLEA MARKET
-OFFICIAL PLAN AMENDMENT APPLICATION 93/14
- ZONE CHANGE APPLICATION 93/23/A/LM
- FAIRVlEW WARD (CONT'D)
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994 - 65 -
CITY OF KITCHENER
On motion by Mayor D.V. Cardillo,
it was resolved:
"A. That the Official Plan Amendment (Wagon Wheel Flea Market - 75 Ardelt Place) listed
herein and the by-law implementing same be approved, namely:
SECTION 4 - THE AMENDMENT
The Official Plan for the City of Kitchener is hereby Amended as follows:
Section V.9.(A), "General Industrial" is amended by adding the following new sentence
to the end of the fourth paragraph:
"Exhibition display facilities shall be permitted in General Industrial areas provided
adequate parking is available in accordance with Zoning By-law requirements."
Section V.9.(B), "Heavy Industrial" is amended by adding the following new sentence
tot he end of the third paragraph:
"Exhibition display facilities shall be permitted in Heavy Industrial areas provided
adequate parking is available in accordance with Zoning By-law requirements."
SECTION 5 - IMPLEMENTATION AND INTERPRETATION
The provisions of the Official Plan of the City of Kitchener regarding the implementation and
interpretation of that Plan shall apply to this Amendment.
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.
That, Zone Change Application 93/231A/LM (Wagon Wheel Flea Market - 75 Ardelt Place)
requesting a change in zoning by adding a new Special Use Provision to permit exhibition
facility on lands zoned Heavy Industrial Zone (M-4) be approved in the form shown in the
Proposed By-law attached, dated March 11, 1994 without conditions.
It is the opinion of this Committee that the approval of this application is proper planning for
the City and is in conformity with a recommended Amendment (Wagon Wheel Flea Market -
75 Ardelt Place) to the City's Approved Official Plan."
On Councillor J. Ziegler's request, the Committee directed that the City Solicitor place the By-law
on Council's April 25th Agenda for 3 readings that date.
PD 94/24 - 100 BRECKENRIDGE DRIVE - CONDOMINIUM CONVERSION APPLICATION CD/94/001
- SYBIL DEBRUSK & STEFAN VOGEL
- STANLEY PARK WARD
The Committee was in receipt of Planning and Development Staff Report PD 94/24 dated March
14, 1994 concerning a Condominium Conversion Application submitted under the Rental Housing
Protection Act with respect to the property known municipally as 100 Breckenridge Drive. The
property in question is a 3 storey 18 unit apartment building consisting of (7) one bedroom and
(11) two bedroom units. The applicant is seeking approval under the Rental Housing Protection
Act as a precondition for the conversion of the property 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.
PD 94~24 - 100 BRECKENRIDGE DRIVE
- CONDOMINIUM CONVERSION APPLICATION 6D/94/001
- SYBIL DEBRUSK & STEFAN VOGEL
- STANLEY PARKWARD (CONT'D)
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994 - 66 - CITY OF KITCHENER
Ms. S. Frenette advised the Committee that she had nothing further to add to the report under
consideration. She stated that all tenants were notified of the public meeting this date and pointed
out that rents in this building were very Iow. She referred the Committee to the conditions of
approval and noted that tenants had up to five years following the date of registration of the
condominium to continue renting in the building.
Councillor M. Yantzi questioned how enforcement of the five year condition would be
accomplished and Ms. S. Frenette advised that this was contained in a special agreement
between the City and the owner and that the conditions were in excess of the Landlord and Tenant
Act.
Ms. Sybil Debrusk, 83 Lower Canada Crescent, one of the owners of the property, appeared as a
delegation to advise that she was in agreement with the recommendations in the Staff Report.
Ms. Cheryl Honsberger, appeared as a delegation to object to the recommendation in the Staff
Report. Ms. Honsberger tabled a written submission with the Chairman which she summarized for
the Committee. She expressed concern respecting her personal financial situation noting that she
was receiving a shelter cost allowance as part of Provincial Social Assistance and that as a result
of the conversion, she would no longer have such affordable housing and alternative
accommodation would result in higher housing costs being assumed by tax payers. She
commented that the proposed conversion takes away tenant protection under the Landlord and
Tenant Act and also commented on the fact that a right of first refusal to purchase a unit was of no
benefit to her. Mrs. Honsberger maintained that the removal of such Iow priced rental apartments
units from the marketplace does adversely affect the supply of affordable housing. In reference to
the conditions of the agreement, she expressed concern at the possibility of having to relocate
within the building during the five year period and the lack of stability this would mean.
Accordingly, she asked that if the application was to be approve that tenants have the right to
remain in their present units for the five year period unless they agree to move to another unit
regardless of whether or not their unit is sold in the five year term.
In reference to the comments of Ms. Honsberger, Ms. Debrusk stated that she was not sure of how
Social Assistance operates but she understood that Ms. Honsberger would not be adversely
affected if she should move as the shelter cost subsidy would be adjusted.
No other delegations responded to the Chairman's invitation to address the Committee on this
matter.
Councillor G.L. Leadston commented that he was in support of the staff recommendation as in
reality tenants would have up to seven years to find alternate accommodation. Councillor M.
Wagner commented that this matter was being processed in accordance with Provincial
Legislation and that the City should not be put in a position of making moral judgements.
The Chairman requested that immediately following the Committee's consideration of this matter,
Ms. S. Frenette meet with all parties to discuss issues of concern so that all are fully informed
before the matter is dealt with by City Council.
On motion by Councillor B. Stortz,
it was resolved:
"That Council approve Condominium Conversion Application CD/94/001 subject to the Owners
entering into 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 100 Breckenridge Drive as part of any
subsequent condominium agreement. The Agreement shall contain the following conditions:
PD 94/24 - 100 BRECKENRIDGE DRIVE - CONDOMINIUM CONVERSION APPLICATION CD/94/001
- SYBIL DEBRUSK & STEFAN VOGEL
- STANLEY PARKWARD (CONT'D)
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 Council's approval of this
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994 - 67 - CITY OF KITCHENER
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 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 of 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)
This agreement shall confer no rights whatsoever upon any new tenant who enters into a
lease agreement with the Owners and occupies an Existing Unit after the date of registration
of the final plan of condominium (hereinafter called a "Post-Registration Tenant"). The
Owners shall give notice of this agreement to all Post-Registration Tenants, at the time they
enter into their leases, and provide proof of notification to the Housing Division, either by a
sworn affidavit of service or by a copy of this agreement signed by such tenants as
acknowledgement of receipt, following which such tenants shall be deemed to have notice
that they do not have any rights under this agreement.
d)
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 (herein after 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.
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.
· To facilitate the orderly sale of an Existing Unit during the Five Year Rental Period, the
Owners may relocate, at its expense, a Tenant who has foregone or waived his or her
right of first refusal to purchase pursuant to Section (e) below, to an equivalent unit at
100 Breckenridge Drive, provided that at least 60 days' notice unless otherwise agreed
upon is given to the Tenant. The tenancy of a Tenant who has been relocated
PD 94124 - 100 BRECKENRIDGE DRIVE - CONDOMINIUM CONVERSION APPLICATION CD/94/001
- SYBIL DEBRUSK & STEFAN VOGEL
- STANLEY PARKWARD (CONT'D)
shall be deemed to be continuous and unbroken and upon the same terms and
conditions as provided for in his or her lease.
e)
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. To establish that a Tenant has
foregone or waived his or her right of first refusal to purchase, the Owners shall provide the
Housing Division with a written waiver of such right executed by the Tenant, witnessed and
dated subsequent to the date of registration of the final plan of condominium. If, at any time
during the Five Year Rental Period, the Owners receive a bona fide, arms length offer to
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994 - 68 - CITY OF KITCHENER
purchase an Existing Unit which the Owners are willing to accept and if the Tenant or
Tenants or 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.
f)
The Owners agree to engage the services of a consultant with qualifications acceptable to
the City's Chief Building Official, 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 Owners 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 or the City's
Property Standard 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.
g)
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.
It is the opinion of this Committee that the approval of this application is proper planning for the
City."
PD 94/3 - ROSEMOUNT DRIVE
-ZONE CHANGE APPLICATION 93/17/R/VL (IVAN PAROSKI)
- STANLEY PARK WARD
The Committee was in receipt of Planning and Development Staff Report PD 94/3 dated February
10, 1994 concerning a Zone Change Application submitted by Ivan Paroski with respect to a
vacant lot on Rosemount Drive. The proposed rezoning is from General Residential (R3) and
Semi-Restricted Residential (R2) to Semi-Restricted Residential (R2) with an extension of use and
a special regulation according to By-law 4830. In this regard, a proposed By-law dated January 7,
1994 was attached to the report. The subject lands are approximately 544 square metres (5855
square feet) in lot area and 16.5 metres (54.13 feet) wide, fronting the north side of Rosemount
Drive and the applicant requests rezoning of the land to permit the development of a semi-
detached dwelling.
PD 94/3 - ROSEMOUNT DRIVE
-ZONE CHANGE APPLICATION 93/17/R/VL (IVAN PAROSKI)
- STANLEY 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.
Mr. T. McCabe reviewed the purpose of the application and commented that when it was first
circulated substantial objection was received. He noted that the department feels the proposal is
desirable and in full compliance with the By-law. However, he, Mr. V. Labreche and Councillor
G.L. Leadston held an information meeting in the neighbourhood on March 9, 1994. Initially, it
appeared the concern was that the semi-detached unit was out of character with the
neighbourhood but as a result of the meeting they found out about existing concerns of area
residents including traffic volumes and on street parking problems. He advised that the
neighbourhood objected to the possibility of a rooming house and wished the garages not be
located in front of the dwellings. At this point, Mr. V. Labreche distributed a revised By-law dated
April 12, 1994 and Mr. T. McCabe confirmed that this new proposed By-law restricts use of the
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994 - 69 - CITY OF KITCHENER
property to single or semi-detached units only. Further, he stated that a letter had been received
from Mr. Paroski advising of his agreement to use brick on the proposed dwelling that was similar
in color to existing homes in the neighbourhood. Councillor G. Leadston referred to the public
information meeting that he attended and confirmed that other issues had arose particularly
related to traffic matters and that these were being addressed. Mr. D. Snow advised that staff
would be reporting on traffic issues at a later date. Councillor Leadston requested that out of
courtesy, Mr. Snow communicate with residents that were at the public information meeting.
Mr. Gary Winger, 30 Rosemount Drive, advised the Committee that most of the concerns of the
neighbourhood were addressed as a result of the revised proposed by-law and the agreement of
Mr. Paroski to use a color of brick consistent with what exists in the neighbourhood.
Mr. Ivan Paroski, appeared as a delegation in support of his application and the recommendation
in the Staff Report as well as the revised proposed by-law. He illustrated an architectural sketch of
the proposed semi-detached unit noting that it was a two storey with each unit having a garage
that would protrude from the dwelling not more than five feet toward the street.
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 the
recommendation so as to replace the proposed by-law with the proposed By-law dated April 12,
1994. The recommendation, as revised, was then considered.
On motion by Councillor G. Leadston,
it was resolved:
"That Zone Change Application 93/17/RNL (Ivan Paroski) requesting a change in zoning from
General Residential (R3) and Semi-Restricted Residential (R2) to Semi-Restricted Residential
(R2) with an extension of use and a special regulation on Part of Lot 148 Plan 773 described as
Part 2 and 3 Plan 58R-8719, be approved in the form shown in the Proposed By-law attached
dated January 7, 1994, as revised dated April 12, 1994, without conditions.
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."
PD 66/93 - FORWELL ROAD/KEEWATIN AVENUE EXTENSION - REVISIONS TO GRAND RIVER NORTH COMMUNITY PLAN
- SUBDIVISION APPLICATION 30T-89003/CL (FORWELL LTD.)
- ZONE CHANGE APPLICATION 89151FICL (FORWELL LTD.)
- STANLEY PARK WARD
The Committee was in receipt of Planning and Development Staff Report PD 66/93 dated March
14, 1994 concerning applications for zone change and subdivision from Forwell Ltd. with regard to
lands comprising 12.529 hectares located on both the east and west side of Forwell Road north of
Ottawa Street. In concert with these applications, a revision to the Community Plan is being
proposed to accommodate a mixed Institutional/Multiple Residential development in the proposed
Plan of Subdivision.
The proposed zoning change is from Township Agriculture (Twp. A) and Gravel Pit (Twp. GP)
according to By-law 878A and Semi-Restricted Residential (R2B) with special regulations
according to By-law 4830 to Restricted Residential (R2A) with special regulations and Semi-
Restricted Residential (R2B) with a restriction of use and special regulations according to By-law
4830 and Neighbourhood Institutional (I-1) with a special use provision and Hazard Lands (P-3)
according to By-law 85-1. Attached to the report were two proposed By-laws each dated March
23, 1994 in this regard.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994 - 70 -
CITY OF KITCHENER
It was noted in the report that the applicant intends to rezone the 12 hectare parcel of land to
facilitate the development of a plan of subdivision generally consisting of 40 lots and 4 blocks for
single or semi-detached dwellings, 5 lots and one block for future single or semi-detached
dwellings, one block for multiple residential/institutional development, a number of small blocks for
future single and semi-detached dwellings, and one park block and one block for hazard land.
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. He did point out that the
major issue during processing was an intent to preserve a woodlot and revisions were made to the
plan by the applicant. He stated that it was his understanding the only concern outstanding was a
request by the applicant for the City to convey the portion of Forwell Road to be closed. He noted
that staff were unable to deal with the request but the applicant was requesting the lands as
replacement for a new road.
Mr. Bernie Hermsen, McNaughton Hermsen Britton Clarskon, appeared as a delegation and
advised he was in support of the report recommendation with the exception of Condition 73 which
he requested be modified to indicate that Forwell Road will be conveyed free of charge rather than
sold to the subdivider as outlined in his correspondence dated April 13, 1994. Mr. Hermsen
explained that when a Plan was first proposed it had been intended to use existing Forwell Road
but subsequently the lots on the easterly side of Forwell Road kept loosing depth and now it is
proposed to shift Forwell Road westerly in order to provide for lots on the east side of the road and
it was their position that they should not have to buy the necessary lands required for these lots.
Ms. C. Ladd distributed a revised Subdivision Plan that reflects an error in the legend regarding
the lot numbers in the Plan that was distributed with the Staff Report.
Mr. Ted Gray, 369 Misty Crescent, appeared as a delegation to express concern about the loss of
the trees backing onto their property.
Mr. T. McCabe advised that the area referred to by Mr. Gray was a pine forest and was not part of
the major woodlot issue dealt with in the report. He noted that there was potential for tree saving
at the rear of the lots in question. Mr. Gray advised that purchasers were told by the builders that
the trees to the rear of their properties would not be touched. Ms. C. Ladd advised that anyone
contacting the City in this regard would had been told that development of the adjacent lands was
likely.
PD 66~93 - FORWELL ROAD/KEEWATIN AVENUE EXTENSION - REVISIONS TO GRAND RIVER NORTH COMMUNITY PLAN
- SUBDIVISION APPLICATION 30T-89003/CL (FORWELL LTD.)
- ZONE CHANGE APPLICATION 89151FICL (FORWELL LTD.)
- STANLEY PARK WARD (CONT'D)
Mr. Tom East, advised that he was appearing as a delegation to represent the Grand Valley Trails
Association. He explained where a trail presently runs partly through bush and pointed to the
need for a route for the trail in the area as it develops. He stated that he was assuming the Plan
sets aside some land that is not going to be developed. Mr. T. McCabe advised that the flood
plain land to be deeded to the City would accommodate a trail network in the area.
No other delegations responded to the Chairman's invitation to address the Committee on this
matter.
The recommendations in the Staff Report were then considered. It was agreed to revise Condition
73 to accommodate the request of Mr. Hermsen and Condition 73 will also be relettered to correct
an error in that regard. The recommendation, as revised, was then considered.
On motion by Councillor J. Ziegler,
it was resolved:
"A. That the "Grand River North Community Plan" be revised as follows:
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994
-71 -
CITY OF KITCHENER
a)
That a new section be added to the Grand River North Community Plan immediately
following the existing section 3.9 as follows:
3.10
"Nei.qhbourhood Institutional"
3.10.1
That Neighbourhood Institutional uses be located as shown on Map A.
This allows such uses as schools, churches, day care, small residential
care facilities, and one and two family residential.
3.10.2
That despite the designation of Neighbourhood Institutional on lands
located on the east side of the Keewatin Avenue extension adjacent to
the Open Space area, Iow rise multiple residential shall also be permitted
in order to encourage maximum retention of the existing trees.
b)
"That Map "A", Grand River North Community:Secondary Plan, be revised to
redesignate a 2.2 hectare parcel of land from "Low Density Residential" to
"Neighbourhood Institutional" as shown on the map attached."
It is the opinion of this Committee that the approval of this revision to the Community Plan is
proper planning for the City.
That Zone Change Application 89/5/F/CL requesting a change in zoning from Township
Agriculture (Twp. A.) and Gravel Pit (Twp. GP) according to By-law 878A and Semi-
Restricted Residential (R2B) according to By-law 4830 to Restricted Residential (R2A) with
special regulations and Semi-Restricted Residential (R2B) with a restriction of use and
special regulations, and Park, Public Open Space (P) according to By-law 4830; and
Neighbourhood Institutional (I-1) with a special use provision and Hazard Land (P-3)
according to By-law 85-1, on Part of Lot 121, German Tract Company, be approved in the
form shown in the "Proposed By-laws, both attached dated March 23, 1994 subject to the
Subdivision Conditions contained in recommendation C):
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.
That Subdivision Application 30T-89003 (Forwell Ltd.) be recommended to the Regional
Municipality of Waterloo for draft approval, subject to the following conditions:
PD 66~93 - FORWELL ROAD/KEEWATIN AVENUE EXTENSION - REVISIONS TO GRAND RIVER NORTH COMMUNITY PLAN
- SUBDIVISION APPLICATION 30T-89003/CL (FORWELL LTD.)
- ZONE CHANGE APPLICATION 89151FICL (FORWELL LTD.)
- STANLEY PARK WARD (CONT'D)
That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as
approved by City Council embracing those lands shown outlined on the attached Plan of
Subdivision and that the following special conditions be written therein.
The Subdivider covenant and agrees:
50.
That the final plans for registration purposes shall be prepared in accordance with the
attached Plan of Subdivision dated 93 06 16 providing that minor amendments to said
plans, acceptable to the Commissioner of Planning and Development and not affecting the
numbering of lots or blocks may be permitted without an amendment to this agreement.
51.
The Subdivision may be registered in three (3) stages, with Stage 1 consisting of Lots 1 -
45 both inclusive and Blocks 45 - 74 both inclusive; Stage 2 shall consist of Blocks 1 - 3
inclusive and Stage 3 shall consist of Block 1 all as shown on the Plan of Subdivision
attached hereto.
52.
To submit a Lot Grading and Drainage Control Plan for the approval of the Commissioner
of Public Works, in consultation with the City's Department of Parks and Recreation, the
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994 - 72 - CITY OF KITCHENER
Regional Municipality of Waterloo, the Grand River Conservation Authority, and the
Ministry of Natural Resources, with the same plan to be approved by those affected
agencies prior to registration of each stage of the Subdivision Plan.
53.
That prior to any grading or construction on the site to submit for the approval of the
Commissioner of Public Works, in consultation with the City's Department of Parks and
Recreation, the Regional Municipality of Waterloo, the Grand River Conservation Authority,
and the Ministry of Natural Resources, a detailed engineering design for storm water
management in accordance with the approved concept plan. Said engineering design shall
include an erosion and siltation control plan indicating the means whereby erosion will be
minimized and silt maintained on-site throughout all phases of grading and construction.
The Subdivider further agrees to implement all required measures as outlined in the
approved final design.
54.
That the street names of the Streets within the entire Plan of Subdivision shall be approved
by City Council prior to any registration of the subdivision plan, which shall include
approval, in principle, by Council of the renaming of Forwell Road from the northerly limit of
this Plan of Subdivision to its' terminus south of Ottawa Street North.
55.
To convey to the City of Kitchener the following lands for the purposes stated therein, at no
cost and free of encumbrance, concurrently with the registration of Stage 1 of the
subdivision plan:
a) Block 65 for storm water management purposes;
b)
Blocks 69 - 74 for 0.3 metre reserves. Should Draft Plan of Subdivision 30T-89021 be
registered immediately consecutive with this plan, the 0.3 metre reserve Block 69
shall not be required;
c) Block64for hazard lands.
56.
To convey to the City of Kitchener, free of encumbrance, Block 63 for park purposes. That
as part of the conveyance of Block 63 to the City, the City of Kitchener agrees to pay to the
Subdivider market value for the lands over and above the 5% park dedication as required
under The Planning Act being the amount of 0.41
PD 66/93 - FORWELL ROAD/KEEWATIN AVENUE EXTENSION - REVISIONS TO GRAND RIVER NORTH COMMUNITY PLAN
- SUBDIVISION APPLICATION 30T-89003/CL (FORWELL LTD.)
- ZONE CHANGE APPLICATION 89151FICL (FORWELL LTD.)
- STANLEY PARK WARD (CONT'D)
hectares. The City will purchase the excess parkland through the Park Trust Fund Account
at the fair market value to be determined by the City's Land Purchasing Officer and agreed
to by the Subdivider. The City shall pay the Subdivider the required value at the time of the
release of Stage 1 of the Plan of Subdivision for registration.
57.
To dedicate, by plan registration, to the City of Kitchener the following lands for the
purposes stated therein:
a) Blocks 66 and 67 (Stage 1) for public walkway purposes;
b) Block 68 (Stage 1) as a road widening for Street One (Forwell Road).
58.
To construct 1.5 metre concrete sidewalks along both sides of Street One (Forwell Road),
Keewatin Avenue and Street Two; the southerly side of Street Four to connect to the trail
within Block 63, and the northwesterly side of Street Five to Street One.
59.
The Subdivider agrees to install a boundary identification system along the lot lines which
abut Blocks 63 and 64 (Stage 1) at such time required by and to the satisfaction of the
General Manager of Parks and Recreation. Further, the Subdivider agrees to include a
statement advising of the fencing and marking system requirement in all Offers to
Purchase and Agreements of Purchase and Sale for the Blocks and Lots affected by this
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994
clause.
- 73 -
CITY OF KITCHENER
60.
That construction traffic to and from the proposed subdivision shall be restricted to
Keewatin Avenue to Lackner Boulevard or prior to the opening of Keewatin Avenue
construction traffic shall use Victoria Street to Forwell Road provided appropriate measures
are taken to prevent through traffic southerly on Forwell Road. All construction traffic shall
be prohibited from using internal residential streets in the existing community. The
Subdivider agrees to advise all relevant contractors, builders and other persons of this
requirement with the subdivider being responsible for any signage, where required, all to
the satisfaction of the Director of Traffic and Parking Services.
61.
In consideration of the wooded character of portions of this Subdivision 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 develooment of the
subdivision.
a)
Prior to the City releasing each stage of the Subdivision Plan for registration, the
Subdivider shall submit the proposed Grading Control Plan for the approval of the
General Manager of Parks and Recreation in consultation with the Department of
Planning and Development. This approval shall be in addition to the Commissioner of
Public Works' approval required by Clause 36(b) of this agreement and the City
agrees to co-ordinate engineering and tree saving objectives between the relative City
Departments in order to reach a satisfactory Grading Control Plan.
Plans submitted to the City's General Manager of Parks and Recreation shall show:
i) Existing and proposed grade elevations;
ii)
Indication of ground water and surface drainage;
iii)
Description of soil characteristics;
PD 66/93 -
FORWELL ROAD/KEEWATIN AVENUE EXTENSION
- REVISIONS TO GRAND RIVER NORTH COMMUNITY PLAN
- SUBDIVISION APPLICATION 30T-89003/CL (FORWELL LTD.)
- ZONE CHANGE APPLICATION 89151FICL (FORWELL LTD.)
- STANLEY PARK WARD (CONT'D)
iv)
Delineation of "work zones"; being defined as areas to be disturbed due to
area/rough grading, cut and fill,installation of roads and services or
construction vehicle access.
v)
Location and description of tree protection measures to be implemented
around specified work zones. The Subdivider agrees that no tree removal
for road construction or any grading within the subdivision shall occur until
such time as all protection measures, including the installation of a 1.2
metre high temporary snow fence is erected along the boundary of trees
affected by such construction or grading have been implemented to the
satisfaction of the Department of Planning and Development. The
Subdivider shall be responsible for installing appropriate signs every 45
metres noting that there shall be no dumping or removal of trees within this
area. The Subdivider shall be responsible for the removal of all materials
dumped into this area and the temporary fencing shall be removed following
the completion of all construction within the development Stage area.
vi)
Location of proposed stockpiles of excavation materials.
b)
Prior to the Subdivider applying for or being issued any building permit for any
particular Lot or Block containing trees worth saving as shown on the Grading Control
Plan approved by the City's General Manager of Parks and Recreation, a Tree
Saving/Site Plan for the particular lot or block shall be submitted to and approved by
the Department of Planning and Development:
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994
Said Plan shall show:
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CITY OF KITCHENER
i) Delineation of "work zones"; being defined as areas to be disturbed due to site/final
grading, excavation,installation of services or construction vehicle access.
ii)
The approximate location, size, species and condition of all existing trees
greater than 10 cm DBH which are located within a 6.0 metre band around
the defined work zones.
iii)
Indication of which trees are to be saved within the 6.0 metre band around
the work zones, such trees being tagged or similarly identified in the field by
the Subdivider.
iv)
Location, description of trees protection measures to be implemented
around each particular lot around the work zones. The Subdivider agrees
to implement at his cost, the approved protection measures prior to any site
grading, excavation, or construction occurring on the particular lot or Block.
v)
The location of buildings, driveways and walkways.
vi)
Existing and proposed elevations.
vii)
Location of proposed stock piles of excavation materials.
PD 66~93 - FORWELL ROAD/KEEWATIN AVENUE EXTENSION - REVISIONS TO GRAND RIVER NORTH COMMUNITY PLAN
- SUBDIVISION APPLICATION 30T-89003/CL (FORWELL LTD.)
- ZONE CHANGE APPLICATION 89151FICL (FORWELL LTD.)
- STANLEY PARK WARD (CONT'D)
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 General Manager of Parks and Recreation or as shown on the approved Tree
Saving/Site Plan(s) without the permission of the City. Further, the Subdivider
agrees to provide the relevant builders and prospective purchasers a copy of the
Grading Control Plan approved by the General Manager of Parks and Recreation and
a copy of the approved Tree Saving/Site Plan (s) where applicable.
62.
To obtain from the Grand River Conservation Authority, as required, a Fill, Construction
and Alteration to Waterways Permit under Ontario Regulation 154/86. Such permit shall be
obtained prior to any on-site grading, the installation of services or prior to the City's
release of each stage of the Subdivision Plan for registration purposes.
63.
To construct a temporary turning circle to City Standards on Lots 31 and 32 (Stage 1) and
Block 58 (Stage 1) as shown on the attached subdivision plan, until such time as Street
One is extended through the adjacent lands to the north in Draft Plan of Subdivision 30T-
91005 and open to vehicular traffic. Said turning circle shall be designed, constructed and
ultimately removed to the satisfaction of the Department of Public Works. No building
permits shall be issued for Lots 31 or 32 or Block 58 until such time as the temporary
turning circle has been removed or determined by the City's Department of Public Works
not be required. In the event Street Five is constructed, a temporary turning circle shall not
be required, however no building permit shall be issued for Lot 32 until such time as Street
One is extended into the adjacent lands to the north in Draft Plan of Subdivision 30T-91005
and the driveway for Lot 31 shall be developed on the east side of said lot.
64.
That Blocks 50, 58, 59 and 60 (Stage 1) shall only be used as lot consolidations with
adjoining blocks in Draft Plan of Subdivision 30T-91005 (Sandra Springs Park Ltd.). No
building permits shall be issued for Blocks 50, 58, 59 and 60 until the title has been
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994 - 75 - CITY OF KITCHENER
consolidated with the respective lots/blocks in such adjacent plan.
65.
That Lot 45 and Blocks 51 - 56 (Stage 1) inclusive shall only be used as lot consolidations
with adjoining blocks in Draft Plan of Subdivision 30T-89021 (Hallman-ldlewood Ltd.). No
building permits shall be issued for Lot 45 and Blocks 51 - 56 inclusive until the title has
been consolidated with the respective lots/blocks in such adjacent plan.
66.
That Lot 33 and Block 57 shall only be used as a lot consolidation with the adjacent future
lot to be created within Block 61. No building permits shall be issued for Lot 33 and Block
57 until title has been consolidated with respective adjacent lot.
67.
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.
PD 66~93 - FORWELL ROAD/KEEWATIN AVENUE EXTENSION - REVISIONS TO GRAND RIVER NORTH COMMUNITY PLAN
- SUBDIVISION APPLICATION 30T-89003/CL (FORWELL LTD.)
- ZONE CHANGE APPLICATION 89151FICL (FORWELL LTD.)
- STANLEY PARK WARD (CONT'D)
68.
The Subdivider acknowledges that immediately subsequent to the construction and
opening of the Keewatin Avenue extension to vehicular traffic between its existing terminus
in Registered Plan 1718 to Lackner Boulevard, that it is the City's intention that Forwell
Road at the northerly limit of the plan of subdivision be closed. In this regard, no building
permits are to be issued for Lots 1, 2, and 3 or Blocks 48 and 49 (Stage 1) until such time
as the closure of Forwell Road is complete. Further, the Subdivider shall be responsible
for physically closing Forwell Road at the limit of the plan of subdivision and constructing a
dual purpose emergency access/walkway to the satisfaction of the City's Department of
Public Works.
69.
That in addition to the standard servicing requirements and responsibilities outlined in this
Agreement, the Subdivider agrees to pay to the City its fair share of the actual cost of the
Ottawa Street Trunk Sanitary Sewer, as determined by and to the satisfaction of the City's
Commissioner of Public Works, prior to the registration of any stage of the Subdivision
Plan.
70.
To upgrade to full municipal standards, Street One (Forwell Road) along its entire frontage
abutting the plan of subdivision to the satisfaction of the City's Department of Public Works.
71.
The City agrees that the City Solicitor shall arrange for the passing of a By-law opening the
0.3 metre reserve Block 86, R.P. 1718 as "Public Highway" at a timing approved by the
Commissioner of Public Works.
72.
The City agrees that immediately subsequent to the opening of Street One to vehicular
traffic, the redundant portion of Forwell Road from Street Five to new Street One shall be
closed by By-law.
73.
That the development of future single detached residential lots within Lots 1, 2, and 3 and
Blocks 48 and 49 (Stage 1) are to be facilitated through consolidation with the proposed
closure of the existing portion of Forwell Road which bisects these future lots and the
consolidation of the Blocks and proposed closed portion of Forwell Road and development
of these lots will be done in the following sequence:
a) The Subdivider agrees to be responsible for the costs and preparation of a Reference
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994
- 76 - CITY OF KITCHENER
Plan depicting the development of the 19 single family residential lots consisting of
Lots 1, 2, and 3 and Blocks 48 and 49 and that portion of existing Forwell Road to be
closed and that portion of the dual purpose walkway/emergency access to be opened;
b) The Subdivider also agrees to be responsible for the preparation of a grading plan for
the lands to be consolidated to be approved by the Commissioner of Public Works;
c)
The Subdivider shall submit a draft Reference Plan to the Department of Planning and
Development for examination and endorsement;
d) The Subdivider agrees to deposit the endorsed Reference Plan under The Registry
Act;
e)
Subject to the receipt of the Reference Plan and completion of Street One being open
to vehicular traffic, the City Solicitor shall arrange for a Road Closing By-law for that
portion of Forwell Road to be closed and a By-law to open that portion of the dual
purpose walkway/emergency access outside the existing Forwell Road right-of-way;
PD 66~93 - FORWELL ROAD/KEEWATIN AVENUE EXTENSION - REVISIONS TO GRAND RIVER NORTH COMMUNITY PLAN
- SUBDIVISION APPLICATION 30T-89003/CL (FORWELL LTD.)
- ZONE CHANGE APPLICATION 89151FICL (FORWELL LTD.)
- STANLEY PARK WARD (CONT'D)
f) The City of Kitchener will convey the portion of Forwell Road closed to the Subdivider at
no cost for consolidation with the abutting blocks;
g)
The Subdivider agrees to apply for a Part Lot Control Exemption By-law or to the
Committee of Adjustment for consent for the proposed closed portion of Forwell
Road with said parts of the reference plan to be consolidated with the abutting lots
and blocks as depicted on the Plan of Subdivision Map attached.
74.
The Subdivider agrees to deed to the City of Kitchener, at no cost to the City and free of
encumbrance, Block 64 (Stage 1) for open space/hazard land purposes immediately
subsequent to the registration of Stage 1 of the subdivision subject to an agreement being
entered into at the time of the deed transfer all to the satisfaction of the City Solicitor. Said
agreement shall specify that the Subdivider maintains the right to extract mineral
aggregates should a deposit be found on the subject lands. In this regard, the agreement
shall hold the City harmless during the period of aggregate extraction and that although the
deed for Block 64 may have been delivered and registered, the City shall not take
possession of the said Block before the completion of gravel extraction and rehabilitation
as determined by the Ministry of Natural Resources.
75.
Immediately subsequent to the registration of the Plan of Subdivision, the City agrees to
convey Blocks 61 and 62 (Stage 1) to 225516 Ontario Limited in accordance with Clause
71 in Instrument Number 1031715. Block 60 may be further subdivided in which case the
City agrees to the passing of a Part Lot Control Exemption By-law to facilitate such further
lotting.
76.
That Block 62 (Stage 1) shall only be used as a lot consolidation with Block 1 (Stage 3).
No building permits shall be issued for Block 1 until title has been consolidated for Blocks 1
(Stage 3) and Block 62 (Stage 1).
77.
That the Subdivider acknowledge that as part of the site plan control approval for Block 1
(Stage 3), storm water management will be required in addition to the storm water
management provisions approved for this plan of subdivision.
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 89/3/F/CL (Forwell Ltd.)
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994 - 77 - CITY OF KITCHENER
not be presented to City Council until Subdivision Application 30T-89003 has received
Regional Draft Plan Approval and the Region of Waterloo has approved the revisions to
the Grand River North Community Plan whereupon the amending Zoning By-law shall be
presented to Council for all three readings. Alternatively, three readings of the amending
zoning by-law may be given if the City Clerk is presented with a letter from the Regional
Municipality of Waterloo advising that the Region has no objections to the passing of the
By-law."
10.
10.
PD 67~93 - KEEWATIN AVENUE EXTENSION/LACKNER BOULEVARD - REVISIONS TO GRAND RIVER NORTH COMMUNITY PLAN
- SUBDIVISION APPLICATION 30T-89021/CL (HALLMAN IDLEWOOD LTD.)
- ZONE CHANGE APPLICATION 89/37/K/CL (HALLMAN IDLEWOOD LTD.)
- STANLEY PARK WARD
The Committee was in receipt of Planning and Development Staff Report PD 67/93 dated March
14, 1994 concerning applications for zone change and subdivision submitted by Hallman Idlewood
Ltd. with regard to lands
PD 67~93 - KEEWATIN AVENUE EXTENSION/LACKNER BOULEVARD - REVISIONS TO GRAND RIVER NORTH COMMUNITY PLAN
- SUBDIVISION APPLICATION 30T-89021/CL (HALLMAN IDLEWOOD LTD.)
- ZONE CHANGE APPLICATION 89/37/K/CL (HALLMAN IDLEWOOD LTD.)
- STANLEY PARKWARD (CONT'D)
comprising 7.257 hectares located on the east side of Lackner Boulevard north of Ottawa Street.
In concert with these applications a revision is also proposed to the Grand River North Community
Plan in order to accommodate a Neighbourhood Institutional block at the southeast intersection of
Lackner Boulevard and the Keewatin Avenue extension in the proposed plan of subdivision.
The proposed rezoning is from Township Agriculture (Twp. A) according to By-law 878A and
General Residential (R3) according to By-law 4830 to Restricted Residential (R2A) with special
regulations, Semi-Restricted Residential (R2B) with a restriction of use and special regulations,
and Park, Public Open Space (P) according to By-law 4830 and Neighbourhood Institutional (I-1)
according to By-law 85-1. Attached to the report were two proposed By-laws each dated March
23, 1994 in this regard.
It was noted in the report that the applicant intends to rezone the 7.2 hectare parcel of land to
facilitate the development of a plan of subdivision generally consisting of 47 lots and blocks for
single detached dwellings, 5 lots for semi-detached dwellings, 11 blocks for future residential
development which would consist of single and semi-detached dwellings, one institutional block
and five park/storm water management blocks.
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 the subdivision in question abuts the Forwell Subdivision. He
indicated that Condition #68 in the subdivision recommendation should be revised so as to
replace reference to Block 72 with Block 69. Further, he noted that staff had distributed a new
Schedule "B" to replace a Schedule attached to the report and noted that it provides for additional
legal descriptions. Also, he advised that a copy of Schedule #240 had been distributed to replace
Map #1 that was attached to the report.
Mr. Paul Dietrich appeared as a delegation on behalf of the applicant, Hallman Idlewood Ltd. and
noted that the name had been changed to Hallman Rosedale Ltd. Mr. Dietrich advised that he
was in agreement with the recommendations in the report and the revisions proposed this date.
He requested that if the applications were approved, the By-law receive 3 readings at the April
25th Council meeting.
No other delegations responded to the Chairman's invitation to address the Committee on this
matter.
The recommendations in the report were then considered and the revisions proposed this date
were agreed to. The recommendations, as revised, were then considered.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994
On motion by Mayor D.V. Cardillo,
it was resolved:
- 78 -
CITY OF KITCHENER
"A. That the "Grand River North Community Plan" be revised as follows:
"That Map "A", Grand River North Community:Secondary Plan, be revised to redesignate a
1.1 hectare parcel of land from "Low Density Residential" to "Neighbourhood Institutional"
as shown on 'Map A - General Land Use' attached."
It is the opinion of this Committee that the approval of this revision to the Community Plan
is proper planning for the City.
10.
That Zone Change Application 89/37/K/CL requesting a change in zoning from Township
Agriculture (Twp. A) according to By-law 878A and General Residential (R3) according to
By-law 4830 to Restricted Residential (R2A) with special regulations, Semi-Restricted
Residential (R2B) with a restriction of use and special
PD 67193 - KEEWATIN AVENUE EXTENSION/LACKNER BOULEVARD - REVISIONS TO GRAND RIVER NORTH COMMUNITY PLAN
- SUBDIVISION APPLICATION 30T-89021/CL (HALLMAN IDLEWOOD LTD.)
- ZONE CHANGE APPLICATION 89/37/K/CL (HALLMAN IDLEWOOD LTD.)
- STANLEY PARKWARD (CONT'D)
regulations, and Park, Public Open Space (P) according to By-law 4830; and
Neighbourhood Institutional (I-1) according to By-law 85-1, on Part of Lot 121, G.C.T., Part
of Blocks 230 and 232, R.P. 1403, and Part of Blocks C and K, Registered Plan 1413, be
approved in the form shown in the "Proposed By-laws" both attached, dated March 23,
1994, subject to the Subdivision Conditions contained in recommendation C):
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.
That Subdivision Application 30T-89021 (Hallman-ldlewood Ltd.) be recommended to the
Regional Municipality of Waterloo for draft approval, subject to the following conditions:
That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as
approved by City Council embracing those lands shown outlined on the attached Plan of
Subdivision and that the following special conditions be written therein.
The Subdivider covenant and agrees:
50.
That the final plan for registration purposes shall be prepared in accordance with the
attached Plan of Subdivision dated 94 01 07, 1993 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 an amendment to this agreement.
51.
To submit a Lot Grading and Drainage Control Plan for the approval of the Commissioner
of Public Works, in consultation with the City's Department of Parks and Recreation, the
Regional Municipality of Waterloo, and the Grand River Conservation Authority and the
Ministry of Natural Resources, with the same plan to be approved by those affected
agencies prior to registration of the Subdivision Plan.
52.
That prior to any grading or construction on the site, to submit for the approval of the
Commissioner of Public Works, in consultation with the City's Department of Parks and
Recreation, the Regional Municipality of Waterloo, the Grand River Conservation Authority
and the Ministry of Natural Resources, a detailed engineering design for storm water
management in accordance with an approved concept plan. Said engineering design shall
include an erosion and siltation control plan indicating the means where by erosion will be
minimized and silt maintained on-site throughout all phases of grading and construction.
The Subdivider further agrees to implement all required measures as outlined in the
approved final design.
53.
That the street names of the Streets within the Plan of Subdivision shall be named
Dunnigan Drive, Keewatin Place and Knollwood Court, which names shall appear on the
final registered plan.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994
54.
- 79 - CITY OF KITCHENER
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 plan of subdivision:
a) Blocks 65 to 67 inclusive for park purposes;
b) Blocks 68 and 69 for storm water management purposes;
c) Blocks 70, 71 and 72 for 0.3 metre reserves.
10.
PD 67~93 - KEEWATIN AVENUE EXTENSION/LACKNER BOULEVARD - REVISIONS TO GRAND RIVER NORTH COMMUNITY PLAN
- SUBDIVISION APPLICATION 30T-89021/CL (HALLMAN IDLEWOOD LTD.)
- ZONE CHANGE APPLICATION 89/37/K/CL (HALLMAN IDLEWOOD LTD.)
- STANLEY PARKWARD (CONT'D)
55. To construct 1.5 metre concrete sidewalks along both sides of Keewatin Avenue and
Dunnigan Drive; along the southerly side of Knollwood Court and along the easterly side of
Lackner Boulevard where it abuts the plan of subdivision.
56.
The Subdivider agrees to fill, compact and grade in both preliminary and finished form,
topsoil and seed/sod Blocks 66 and 67, to the satisfaction of the General Manager of Parks
and Recreation, to be completed in conjunction with the timing of 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 General Manager of Parks and
Recreation.
57.
58.
The Subdivider agrees to fill, compact and grade in both preliminary and finished form,
topsoil and seed/sod Block 65 if required, and include therein a paved trail link all to the
satisfaction of the General Manager of Parks and Recreation, to be completed in
conjunction with the timing of 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 General Manager of Parks and Recreation.
That construction traffic to and from the proposed subdivision shall be restricted to
Keewatin Avenue to Lackner Boulevard. All construction traffic shall be prohibited from
using internal residential street in the community. The Subdivider agrees to advise all
relevant contractors, builders and other persons of this requirement with the subdivider
being responsible for any signage, where required, all to the satisfaction of the Director of
Traffic and Parking Services.
59.
That in consideration of trees worth saving located on Lots 18, 19, 20, 21 and Blocks 57
and 58, the Subdivider agrees:
a)
To submit the proposed grading control plans showing trees worth saving on said lots
for the approval of the Commissioner of Parks and Recreation in consultation with the
Department of Planning and Development, prior to registration of the subdivision plan;
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 said lots or blocks, a tree
saving/building location plan shall be submitted to the Department of Planning and
Development which will show defined work zones and protection measures to be
implemented; to be approved by the City's Director of Development prior to site
grading, excavation, or construction within the particular lot or block.
60.
That Lot 21 and Blocks 57 to 63 inclusive shall only be used as lot consolidations with
adjoining lots/blocks in Draft Plan of Subdivision 30T-89003 (Forwell Limited). No building
permits shall be issued for Lot 21 and Blocks 57 to 63 inclusive until the title has been
consolidated with the respective lots/blocks in said adjacent plan.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994 - 80 - CITY OF KITCHENER
61. That Lots 2 and 37, and Blocks 55 and 56 shall only be used as lot consolidations with
adjoining lots/blocks in Draft Plan of Subdivision 30T-91005 (Sandra Springs Park Ltd.).
No building permits shall be issued for Blocks 55 and 56 until the title has been
consolidated with the respective lots/blocks in said adjacent plan.
10.
PD 67/93 - KEEWATIN AVENUE EXTENSION/LACKNER BOULEVARD - REVISIONS TO GRAND RIVER NORTH COMMUNITY PLAN
- SUBDIVISION APPLICATION 30T-89021/CL (HALLMAN IDLEWOOD LTD.)
- ZONE CHANGE APPLICATION 89/37/K/CL (HALLMAN IDLEWOOD LTD.)
- STANLEY PARKWARD (CONT'D)
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 the servicing and development of this plan of subdivision shall occur consecutively
with, or subsequent to the development of Draft Plan of Subdivision 30T-89003 (Forwell
Ltd.) in order to facilitate the completion of the unbuilt portion of Keewatin Avenue between
Misty Street and Lackner Boulevard. No building permits shall be issued until Draft Plan of
Subdivision 30T-89003 has been registered and Keewatin Avenue has been constructed
from its' existing terminus in Registered 1718 to the limits of this plan of subdivision and is
open to vehicular traffic to the satisfaction of the Commissioner of Public Works.
64.
That in addition to the standard servicing requirements and responsibilities outlined in this
Agreement, the Subdivider agrees to pay to the City its fair share of the actual cost of the
Ottawa Street Trunk Sanitary Sewer, as determined by and to the satisfaction of the City's
Commissioner of Public Works, prior to the registration of the Subdivision Plan.
65.
To construct a temporary turning circle to City standards on Lot 2 and Block 56 as shown
on the attached subdivision plan. Said turning circle shall be designed, constructed and
ultimately removed to the satisfaction of the Department of Public Works. At such time as
Dunnigan Drive is extended through Draft Plan of Subdivision 30T-91005 (Sandra Springs
Park Ltd.), and the 0.3 metre reserve is opened by by-law, the Subdivider shall remove the
turning circle. No building permits will be issued for Lots 2 and 37 and Block 56 until the
turning circle is removed.
66. That the conveyance of Blocks 65 to 67 inclusive shall satisfy the 5% parkland dedication
requirement for this proposed plan of subdivision.
67.
The Subdivider agrees to install a boundary identification system along the lot lines which
abut Block 65 at such time required by and to the satisfaction of the General Manager of
Parks and Recreation. Further, the Subdivider agrees to include a statement advising of
the fencing and marking system requirement in all Offers to Purchase and Agreements of
Purchase and Sale for the Blocks and Lots affected by this clause.
68.
That the City Solicitor shall arrange for the passing of a By-law opening the 0.3 metre
reserve Block 69 in Draft Plan of Subdivision 30T-89003 (Forwell Ltd.) as "public highway",
immediately subsequent to the opening of Keewatin Avenue to vehicular traffic. In the
event this plan of subdivision is registered concurrently with Draft Plan of Subdivision 30T-
89003 this condition will not be necessary.
69.
That the driveway for Lot 36 be located on the east side of the lot if said lot is developed
prior to Dunnigan Drive being extended through Draft Plan of Subdivision 30T-91005
(Sandra Springs Park Ltd.).
70. The Subdivider agrees that the driveway for Lot 52 shall only be developed on the east
side of said lot opposite from the boundary with Block 69.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994 - 81 -
10. PD 67/93 - KEEWATIN AVENUE EXTENSION/LACKNER BOULEVARD
CITY OF KITCHENER
71.
- REVISIONS TO GRAND RIVER NORTH COMMUNITY PLAN
- SUBDIVISION APPLICATION 30T-89021/CL (HALLMAN IDLEWOOD LTD.)
- ZONE CHANGE APPLICATION 89/37/K/CL (HALLMAN IDLEWOOD LTD.)
- STANLEY PARKWARD (CONT'D)
The Subdivider agrees to make arrangements with the Waterloo County Board of
Education for the granting of an easement to the City at no cost and free of encumbrance,
for a freeboard related to the storm water management pond located on Block (59, said
easement to be granted prior to the registration of the plan of subdivision.
It is the opinion of this Committee that the approval of this application is proper planning for
the City.
That the implementing Zoning By-law for Zone Change Application 89/37/K/CL (Hallman-
Idlewood Ltd.) not be presented to City Council until Subdivision Application 30T-89021
has received Regional Draft Plan Approval and the Region of Waterloo has approved the
revisions to the Grand River North Community Plan whereupon the amending Zoning By-
law shall be presented to Council for all three readings. Alternatively, three readings of the
amending zoning by-law may be given if the City Clerk is presented with a letter from the
Regional Municipality of Waterloo advising that the Region has no objections to the
passing of the By-law."
On Mayor D.V. Cardillo's request, the Committee directed the City Solicitor place the By-law on
Council's April 25th Agenda for 3 readings that date.
11.
DOPWR-94-23 - HERITAGE DRIVE CLOSURE
The Committee was in receipt of Department of Public Works Report-94-23 dated April 11, 1994
prepared by the Traffic and Parking Division. The report reviews the effects of Council's March
8, 1993 decision to close part of Heritage Drive for a one year period and reviews the question of
the advisability of extending the term of such closure. It is recommended in the report that
Heritage Drive be permanently reopened.
Mr. D. Snow briefly reviewed the content of the Staff Report. He noted that a neighbourhood
information meeting had been held March 8th and explained the notification process. Mr. Snow
acknowledged that in 1974 the Grand River North Community Concept Plan envisaged Heritage
Drive being closed in two locations and subdivisions were subsequently developed on the
understanding Heritage Drive would be closed. Certain traffic controls were established in
conjunction with the temporary closure in March, 1993 and traffic counts have been taken at key
locations. He suggested that the impact of completion of Lackner Boulevard was continuing to
have a positive effect on the area and there was evidence that traffic volumes on Lackner
Boulevard have originated from Heritage Drive.
Councillor T. Galloway questioned the effect of a future connection of Lackner Boulevard to
Fairway Road and Mr. Snow stated that it would have a further positive impact on Heritage Drive
and area as drivers currently utilizing River Road would no longer be cutting through the
immediate area but would use Lackner Boulevard. In response to Councillor Leadston, Mr. Snow
advised that a warrant requirement for traffic signal installation at the intersection of Ottawa
Street and Montcalm Drive was near to being achieved.
Mr. Frank Dietrich, 373 Heritage Drive, advised that he had lived in his residence for 7 years and
supported permanent closure of Heritage Drive. He stated when he purchased his property it
was on the understanding that the road would be closed. Mr. Dietrich stated that with the closure
Lackner Boulevard has taken a great deal of traffic volume off of Heritage Drive.
11.
DOPWR-94-23 - HERITAGE DRIVE CLOSURE (CONT'D)
Mrs. Janice Robinson-Witmer, 436 Heritage Drive, appeared as
a delegation supporting
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 187 1994 - 82 - CITY OF KITCHENER
permanent closure of Heritage Drive. She commented that reduction of motor vehicle traffic has
increased the quality of the neighbourhood resulting in more and more pedestrian traffic. As a
result of the road closure, people are able to travel much more safely back and forth between the
park, swimming pool, arena and playing fields. Further, she noted that there had not been a
significant increase in the amount of traffic on adjacent streets as a result of the closure and that
therefore the closure should be maintained.
Ms. Dagmar Neves, 382 Heritage Drive, appeared as a delegation to express concern as to how
the opening/closing affects safety in the area. It was noted that when Lackner Boulevard was
opened a lot of people initially did not use it until Heritage Drive was closed. Drivers have now
been reconditioned to utilize Lackner Boulevard and reopening Heritage Drive might have a
negative effect on this change of driving pattern. Accordingly, the delegation indicated support
for an alternative plan that was to be presented this date concerning location of the closed
portion of Heritage Drive.
Mr. Tom Schanzenbacher, 266 Heritage Drive, appeared as a delegation and advised that he
had lived at his residence 10 years. He noted that with less traffic volume, it has slowed
considerably. Accordingly, he requested that the issue of safety rather than convenience be the
determining factor to maintain closure of the road.
Mrs. Joanne Scheffel, appeared as a delegation on behalf of Patricia Hackbart, 394 Heritage
Drive who was present but had to leave the meeting. She submitted a letter from Ms. Hackbart
which she read indicating that she strongly opposes the reopening and strongly supports the
alternative plan to be submitted this date.
Ms. Irene Brisson, 49 Montcalm Drive, appeared as a delegation to oppose the temporary
closure of the road being made permanent. She stated that she was a member of the Review
Committee that dealt with this issue and noted that in March, 1993 the majority of residents of the
area were opposed to the closure along with Grand River Collegiate. She commented that there
had been a substantial increase in vehicle traffic on Montcalm Drive and that emergency services
do not support the closure. Accordingly, she requested that the road be reopened.
Dianne & Allan Unrau, 368 Heritage Drive, appeared as a delegation to express total support for
continued closure. Mrs. Unrau stated that the purchase of their home was based on the City's
plan to close the road. She also commented that it was obvious many area residents have now
learned to use Lackner Boulevard and the matter of inconvenience caused by the closure should
not be an issue. Mr. Unrau commented that he was a member of the Review Committee and
pointed out that the closure has not caused any kind of congestion of traffic in the area.
Ms. Lauren Stoveld, 56 Oswego Court, appeared as a delegation to support continued closure of
Heritage Drive. She stated that in making a decision to purchase their home, reference was
made to the planning data available which they evaluated to reach a decision. She noted that
they like the area because of its numerous cul-de-sacs and crescents and commented that since
Heritage Drive was closed, it was generally safer for the residents to use available community
facilities.
11.
Mrs. Jane Schuett, 107 Oakhurst Crescent, appeared as a delegation to support continued
closure of the road. She stated that the main benefits of a closure were additional safety and a
quieter neighbourhood. She noted that when purchasing their property the real estate agent had
made a point of advising them of the community plan details which called for closure of Heritage
Drive. Mrs. Schuett then read a letter which she distributed from Mrs. Anna Zettel, 93 Lancaster
Street East, describing how as an elderly person who just acquired her licence, she had no
difficulty driving in the area in consideration of the closed portion of Heritage Drive. Mrs. Schuett
indicated that currently Oakhurst Crescent has become part of the regular route used
DOPWR-94-23 - HERITAGE DRIVE CLOSURE (CONT'D)
by school buses and parents to turn around after dropping students. She noted that construction
of a future turning circle would better facilitate this traffic movement. Finally, she stated that she
supported the alternative closure plan that was to be presented this date.
Mr. Darwin Witmer, 436 Heritage Drive appeared as a delegation to support continued closure of
Heritage Drive and provided a submission in this regard that was distributed to the Committee.
His submission referred to a long term commitment given to close Heritage Drive based on a
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Residential Subdivision Agreement dated March 9, 1983. Further in this regard, he illustrated
notice given in his purchase contract that Heritage Drive was to be closed and also pointed out
that the developer had prepaid for the costs to install a turning circle as a result of closure. Mr.
Witmer stated that the road was closed on a temporary basis one year ago because of the
suggestion that there would be a heavy increase of traffic volumes on existing streets and the
result has been that there has been no significant impact. Accordingly, he asked that the long
term commitment to close Heritage Drive be adhered to. Finally, Mr. Witmer stated that an
alternative solution to the closure was only recently developed and was not discussed at recent
meetings respecting this issue.
Mr. D. Witmer also appeared as a delegation in his capacity as Solicitor for Mr. Brian Page, 386
Heritage Drive. With the assistance of Mr. Page, who provided overhead projection, Mr. Witmer
provided analysis of comparative traffic data at certain intersections. He then illustrated the plan
proposed by Mr. Page which would shift the closure of Heritage Drive slightly toward Ottawa
Street so as to allow for access to the parking lot of the swimming pool from residents to the
north. The parking lot would be separated so as to allow for access by residents coming from
Ottawa Street but would not allow for any through traffic within the parking lot. He pointed out
that the Heritage Drive closure had a number of advantages which include meeting a long term
commitment, provision of turning circles, convenient community access to the swimming pool
parking lots, elimination of high speed traffic on Heritage Drive in the immediate area of
community facilities and promotion of proper traffic patterns, allows for the provision of proper
drop off and pick up areas, decreases vehicular backup in front of 607 Heritage Drive, increases
the safety of children, provides secondary emergency access and provides the lifestyle that was
anticipated by residents who have moved to the area. He suggested that if the plan was
approved, a portion of the road could be renamed and also suggested that a meeting be held
with all parties to see if the proposed alternative plan meets the concerns of the community.
Councillor M. Yantzi commented that it was his feeling that the residents who attended the public
meeting had a larger concern respecting this matter and that the alternative proposal presented
by Mr. Witmer would not sway their view. Mr. Witmer pointed out that the alternative proposal
resolves some of the inconvenience issues respecting access and use of community facilities by
neighbourhood residents. Councillor B. Stortz questioned what Mr. Snow's view of the
alternative plan was and he advised that he felt it was not middle-ground and would not address
the majority of concerns expressed by residents. Councillor B. Stortz questioned if the plan
would work from a technical standpoint and whether the proposed divided parking lot could be
unified for special events. Mr. Snow indicated in the affirmative to both issues and noted that one
of the issues yet to be dealt with was the question of angle parking taking place on one side of
Heritage Drive. It was the view of Councillor G. Leadston that the alternative proposal would
start the process back to the beginning.
Mr. Bob Knechtel, 140 Montcalm Drive, appeared as a delegation in support of Heritage Drive
being reopened. He indicated that most of his concerns had been expressed and pointed out
that there were problems at the Collegiate as a result of the closing and noted that the large
majority of area residents favor reopening.
11. DOPWR-94-23 - HERITAGE DRIVE CLOSURE (CONT'D)
Mrs. Joanne Scheffel, 385 Heritage Drive, appeared as a delegation to support continued
closure of Heritage Drive. She presented a submission dated April 18, 1994. She noted that
after moving into their home in 1977 she received a letter and map from the City outlining the
future closure of Heritage Drive and has looked forward to it since that time. Mrs. Scheffel stated
that it was her view that residents who oppose the closure were in error in their view of increased
traffic on Indian Road and Montcalm Drive resulting from the closure. She pointed out that since
the closure there has been a large decrease in traffic volume on Heritage Drive and that as a
frequent user of recreation facilities, she did not object to utilizing Lorraine, Lackner and Ottawa
Streets to reach these facilities. Finally she stated that she supported the alternative plan that
was presented this date.
No other delegations responded to the Chairman's invitation to address the Committee on this
matter.
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CITY OF KITCHENER
Councillor G.L. Leadston commented that he was as familiar as anyone with the traffic patterns in
the Lorraine/Heritage/Ottawa Streets area. He pointed out that he has lived in the area for 30
years and has been the Ward Representative on City Council for 15 years. Councillor Leadston
stated that he had talked to many many people on both sides of the issue and then referred to
the example of Matthew Street which was closed a number of years ago and to the fact that the
closing subsequently changed the flavour of the community. He noted that Heritage Drive
residents had raised concern about speed and safety; however, these issues are a factor of
concern all over the City. Councillor Leadston advised that after having heard from all sides and
considered all the relevant issues and for the common good, he would support Heritage Drive
being reopened permanently.
Moved by Councillor G.L. Leadston,
"That Heritage Drive be permanently re-opened."
Councillor C. Zehr was of the view that there was some merit to the alternative closing proposal
presented this date. He suggested it was worthy of discussion by the small Heritage Drive
working group that has met previously on the closing issue and that the issue be deferred.
Several Committee Members expressed opposition to a deferral.
A motion by Councillor C. Zehr to defer consideration of Councillor G.L. Leadston's motion and
refer the alternative closing proposal presented this date to staff and the Heritage Drive working
group was put to a vote and lost.
Councillor G.L. Leadston's motion to reopen Heritage Drive was then put to a recorded vote.
In Favour: Councillors M. Wagner, T. Galloway, G.L.
Leadston, G. Lorentz, J. Smola, B. Stortz, C. Weylie, M.
Yantzi, C. Zehr, J. Ziegler.
Contra: Mayor D.V. Cardillo
Motion Carried
12. ADJOURNMENT
On motion, the meeting adjourned at 7:50 p.m.
L.W. Neil, AMCT
Assistant City Clerk