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HomeMy WebLinkAboutPlng & Econ Dev - 1994-06-20P E D\1994-06 -20 JUNE 20, 1994 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 5:00 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. Leadson, J. Smola, C. Zehr, G. Lorentz, B. Stortz and M. Wagner. Officials present: Mr. T. McKay, Mr. J. Gazzola, Mr. T. McCabe, Mr. B. Stanley, Mr. T. Boutilier, Mr. D. Mansell, Mr. Z. Janecki, Ms. C. Ladd, Mr. J. Wallace and Mr. L.W. Neil. 1.PD 94/51 - DOON SOUTH-BRIGADOON TRANSPORTATION NETWORK AND CORRIDOR STUDY - EVALUATION OF ALTERNATIVE "E" - OFFICIAL PLAN AMENDMENT APPLICATION 94/2 - SOUTH WARD The Committee was in receipt of the following reports: Addendum memorandum dated June 20, 1994 - further recommendations re: Doon South- Brigadoon Transportation Network and Corridor Study - PD 94/51 dated May 27, 1994 - Report of the Project Team regarding the evaluation of Alternative "E" for the Doon South-Brigadoon Transportation Network and Corridor Study - PD 94/15 dated March 8, 1994 - Staff recommendations related to the Doon South-Brigadoon Transportation Network and Corridor Study - Official Plan Amendment Application 94/2 Report Mr. T. Boutilier advised that members of the Project Team were in attendance this date. He noted that at the Committee's March 21st meeting, reports respecting the Doon South-Brigadoon Transportation Network and Corridor Study and the West Side Study were referred to the meeting this date. Mr. Boutilier explained that as a result of discussions with several parties last week, he had prepared the memo dated June 20th proposing a revision to recommendation 2.4 in Staff Report PD 94/51 to add reference to the Stauffer Log Cabin, and four additional recommendations. Mr. Boutilier then commented on the models considered within the reports and noted that the only outstanding issue was the alignment of Windrush Trail. He pointed out that collector road alignments would be considered at the Community Plan Stage. He discussed the merits of the recommended Alternative "E" and stated that overall, it was a better plan than what was originally recommended, but was more costly to the extent of an additional $1.2 million capital cost, mostly for road widenings. He then explained each of the new recommendations contained in his June 20th memo. The Committee was also in receipt of a memorandum advising that L.A.C.A.C. endorses Alternative "E" of the Doon South-Brigadoon Transportation Network Study. Mr. T. Boutilier distributed a copy of a letter dated June 15, 1994 from Heather Guest requesting less than a 26 metre road right of way through Caryndale. As well, she favoured widening Westmount Road to New Dundee Road to facilitate access to Highway 401 at Highway 97. Mr. T. Boutilier advised that he had received a copy of a fax from Ms. Pat Nippel that was transmitted just 30 minutes before the start of the meeting and he had not had an opportunity to review its contents. A copy was distributed to Committee members. Mr. Mark Tutton, Monarch Construction appeared as a delegation in respect to the issue of the level of planning for local or minor road corridors. The Committee was in receipt of letter dated June 17, 1994 from Mr. G. Scheels on Monarch's behalf. The only request Mr. Tutton made was to ask that the Committee delete local road corridors from their lands, as these should be the subject of consideration at the Community Plan Stage. Mr. Glenn Scheels, Cumming-Cockburn Limited, appeared as a delegation on behalf of Cybau Holdings which owns approximately 400 acres of land in the northern portion of the Dundee community. The Committee was in receipt of a letter dated June 17, 1994 from Mr. Scheels. Essentially, it was requested that the Cybau lands become part of the planning process to ensure their Iongterm plans were not compromised. Mr. B. Stanley noted that the Cybau lands would 1.PD 94/51 - DOON SOUTH-BRIGADOON TRANSPORTATION NETWORK AND CORRIDOR STUDY - EVALUATION OF ALTERNATIVE "E" PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 20, 1994 - 110 - CITY OF KITCHENER - OFFICIAL PLAN AMENDMENT APPLICATION 94/2 - SOUTH WARD (CONT'D) be coming up for discussion this date and that it was premature to make any changes to the recommendations unless the Committee does not accept the staff recommendations to refuse Official Plan Amendment Applications 90/6 and 91/6. Mr. P. Britton, MacNaughton Hermsen Britton Clarkson, appeared as a delegation on behalf of Hallman- Aberdeen Limited. He advised that he was in support of recommendation 2.9, of the June 20th Addendum memorandum as it relates to his client's holdings. He also referred to his client's holdings on Tilt Drive and was in favour of recommendation 2.4 in Staff Report PD 94/51. MFS. Jean Haalboom appeared as a delegation on behalf of the Society for the Preservation of Upper Doon (S.P.U.D.) and noted that while they appreciate Alternative "E" now proposed, they had certain other concerns. These include the impact of a possible 6 lane Homer Watson Boulevard on the Heritage Conservation District, environmentally sensitive features of Doon South, several heritage issues, a future intersection affecting Tilt Drive and various visual heritage aspects along with environmental issues relative to the road system. Councillor T. Galloway stated that he understood adoption of the Study would preclude a 6 lane Homer Watson Boulevard. Mr. Ivan Scott appeared as a delegation on behalf of the General Church of the New Jerusalem In Canada which owns a 380 acre land parcel situate between Reidel/Stauffer/Groh/Dodge and New Dundee Roads. He advised that the Church supports the Study conclusions respecting the major road systems but would rather hold back on the issue of scenic roads which could impede the planning process relative to their lands. Mr. T. Boutilier responded that recommendation 2.4 in Staff Report PD 94/51 would deal with such matters. Mr. Douglas Cowley, a property owner on New Dundee Road, appeared as a delegation with regard to the proposal for a major road corridor and requested more thought be given to using Road #8 so that traffic could be taken straight down to Highway #401. Mr. T. Boutilier stated that the Study recommendation was based on policies of the Ministry of Transportation and Communications which objects. Ms. Carol Wiebe, MacNaughton Hermson Britton Clarkson, appeared as a delegation on behalf of 673099 Ontario Limited, which is owned by Freure and Kenmore Homes and has lands to the west of Strasburg Road, south of Huron Road. She stated they support recommendation 2.9 and it was her understanding the alignment of Strasburg Road was being confirmed by the Study. She noted it was important the Transportation Study be confirmed. Councillor T. Galloway stated that he was surprised that recommendation 2.9 was being considered this date and noted that he had been planning to debate the location of Strasburg Road during consideration of the zone change and subdivision applications of Hallman Aberdeen. Mr. Bob Black appeared as a delegation on behalf of Hearthwood to support staff recommendation 2.9 confirming the location of the Strasburg Road extension which resolves other outstanding issues. He noted that his client had worked on the subdivision for the last 7 years and that the second phase of the development is dependent on Strasburg Road. Councillor C. Zehr advised that he supports the recommendations in Staff Report PD 94/51 and the Addendum memorandum dated June 20, 1994 distributed this date and tabled a motion to support the recommendations in both documents. Councillor T. Galloway stated that generally, he was pleased with the outcome of this matter but he did have concern with the fact that there was no prior consultation with the project team and requested recommendation 2.9 be deleted from the Staff Report and from the motion. He 1.PD 94/51 - DOON SOUTH-BRIGADOON TRANSPORTATION NETWORK AND CORRIDOR STUDY - EVALUATION OF ALTERNATIVE "E" - OFFICIAL PLAN AMENDMENT APPLICATION 94/2 - SOUTH WARD (CONT'D) suggested when residents become aware of the Strasburg Road alignment, objections would be raised. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 20, 1994 - 111 - CITY OF KITCHENER Accordingly, he recommended an alignment study be done on Strasburg Road since a lot has changed in the last 10 years. Mr. B. Stanley pointed out that the Strasburg Road alignment had been determined by a study team after very detailed and comprehensive study and analysis. Further, he noted that land dedications have been taken based on the alignment and key decisions have been predicated on the alignment. Finally, he indicated that a re-confirmation was being requested. Councillor C. Zehr commented that the entire planning process had been a good one and that recommendation 2.9 was neither new nor premature. It was requested that Councillor Zehr's motion be split into 2 parts and a recorded vote taken. It was resolved: 1. That the Recommendations contained in Staff Report PD 94/15, and Official Plan Amendment Application 94/2 (Doon South - Brigadoon Transportation Network Corridor) be refused. 2.That the network of Transportation Corridors, as recommended in Exhibit 1 of the Addendum to the Doon South - Brigadoon Network and Corridor Study (May, 1994) and attached to this Staff Report, be approved. 3.That the Doon South - Briqadoon Transportation Network and Corridor Study (January, 1994) together with the Addendum (May, 1994) be forwarded to the Region of Waterloo for endorsement, and inclusion in the current ROPP Review. 4.That Staff be directed to initiate a detailed design study of Tilt, Stauffer, Dodge, and Groh Drives, in conjunction with representatives of LACAC and affected property owners of the Doon South Community Plan, to examine: a) the planned functions of the Scenic Roads including roadway volumes, geometrics, vehicular and pedestrian safety; b) the integration of the Scenic Road functions and the Stauffer Log Cabin with surrounding planned Doon South Community (land use, collector and local roadway pattern, landscape and tree saving plans, subdivision and development controls, etc.); and c) the integration of the recommendations of the Doon South Creek Sub-Watershed Study. 5.That an Amendment to the Kitchener Municipal Plan, and the Doon South Community Plan be initiated to incorporate the revised Collector Road system for the Doon South Community. 6.That Doon South Drive, from its current terminus to the West to South Collector be planned as two lane collector road with a right-of-way of 26 to 28 meters. 7.That the existing portion of New Dundee Road (east of Pinnacle Hill) not be closed, and that it meet with the new realigned New Dundee Road with a "right-in, right-out" intersection. 1.PD 94/51 - DOON SOUTH-BRIGADOON TRANSPORTATION NETWORK AND CORRIDOR STUDY - EVALUATION OF ALTERNATIVE "E" - OFFICIAL PLAN AMENDMENT APPLICATION 94/2 - SOUTH WARD (CONT'D) 8.That the City of Kitchener conduct a detailed environmental Assessment Study, as required in Phases 3, 4, & 5 of the Environmental Assessment Process to determine the precise alignments for the following roadways: i) West to South Collector Road, from Strasburg Road to New Dundee Road; and ii) Strasburg Road from a point north of Stauffer Drive to Reidel Drive. In addition to the normal requirements, the Environmental Assessment studies for these roadways will PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 20, 1994 -112- CITY OF KITCHENER include a Heritage Impact Assessment, in accordance with Sections 5.3.15, 5.3.17, and 5.3.18 of the Kitchener Municipal Plan. 9.That the Alignment of Strasburg Road from its current terminus south of Trillium Drive to a point just north of Stauffer Drive be reconfirmed as: concluded in the "Transportation Planninq and Enqineerin.q Study - Huron Industrial Development", prepared by Marshall Macklin, Monaghan Limited, August 1982; ii) approved in the "Secondary Plan for Huron Business Park and Transportation and Enqineerinq Study, Huron and Strasburg Roads" (PD 93/82), February 14, 1983 (City Council) and September 15, 1983 (Regional Council); and iii) approved in the "Bri.qadoon Community Plan" (PD 54~88), April 15, 1991 (City Council and June 13, 1991 (Regional Council). It is the opinion of this Committee that the approval of these recommendations is proper planning for the City." Recommendations 2.1 to 2.8 inclusive were put to a recorded vote and carried. Mayor D.V. Cardillo and Councillors Weylie, Galloway, Yantzi, Leadson, Smola, Zehr, Lorentz, Stortz and Wagner voted in favour and none voted in the negative. Councillor J. Ziegler was absent. Recommendation 2.9 was then put to a recorded vote and carried. Mayor D.V. Cardillo and Councillors Weylie, Yantzi, Leadston, Smola, Zehr, Lorentz, Stortz and Wagner voted in favour while only Councillor T. Galloway voted in the negative. Councillor J. Ziegler was absent. 2.PD 94/54 - ADDENDUM TO UPDATE OF WEST SIDE STUDY PART 1 REPORT - OFFICIAL PLAN AMENDMENT 94/1 - WEST SIDE STUDY - OFFICIAL PLAN AMENDMENT 91/6 - HESCH FARM - OFFICIAL PLAN AMENDMENT 90/6 - CYBAU HOLDINGS INC. - SOUTH WARD Councillor G. Lorentz disclosed a Conflict of Interest and abstained from all discussion as his parents live within the area affected by the West Side Study. At the March 21, 1994 meeting of the Committee, it was agreed to defer Official Plan Amendments 94/1, 91/6 and 90/6 and refer them to the meeting this date for consideration. In this regard, the Committee was in receipt of Planning & Development Staff Report PD 94/54 dated June 14, 1994. This report was prepared as an addendum to Planning Staff Report PD 63/93 and contains revisions to Official Plan Amendment Application 94/1. Staff report PD 69~93 dated February 5, 1994 was redistributed this date. This report provides 2.PD 94~54 - ADDENDUM TO UPDATE OF WEST SIDE STUDY PART 1 REPORT - OFFICIAL PLAN AMENDMENT 94/1 - WEST SIDE STUDY - OFFICIAL PLAN AMENDMENT 91/6 - HESCH FARM - OFFICIAL PLAN AMENDMENT 90/6 - CYBAU HOLDINGS INC. - SOUTH WARD (CONT'D) an update of Kitchener West Side Study Part 1 Report: Existing Conditions and Land Needs, and staff recommendations concerning Official Plan Amendments for areas beyond the existing urban settlement boundary. The Official Plan Amendment Report for the West Side Study was also redistributed this date. The study area consists of approximately 760.8 hectares (1,880 acres) and is generally bounded on the north by the K-W Expressway and Bleams Road; on the east by Westmount Road; on the South by Huron Road; and on the west by Trussler Road. The purpose of the amendment is to refine the boundary between Settlement Policy Areas "A" and "E" in the Regional Official Policies Plan; delete an existing "Special Study Area" designation and related specific policy and a portion of existing "Low Density Residential" designation and to add "Agricultural, Business Park, Major Open Space, Low Density Residential and Major Institutional land use designations to the Plan for Land Use. The Committee was also in receipt of the report for Official Plan Amendment Application 91/6 - Hesch PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 20, 1994 - 113 - CITY OF KITCHENER Farm. The purpose of the amendment is to change the land use designation from Agricultural to Low Density Residential for lands situated in the Dundee planning community comprising approximately 39.7 hectares (98 acres) located south of Huron Road and east of Westmount Road. The Committee was also in receipt of the report for Official Plan Amendment Application 90/6 - Cybau Holdings Inc. The purpose of the Amendment is to change the land use designation from Agricultural to Low Density Residential for two areas situated in the Dundee planning community. The first parcel consists of approximately 46.5 hectares (114.91 acres) located in the vicinity of the southwest corner of Westmount and Plains Road. The second parcel consists of approximately 91.2 hectares (225.38 acres) located west of Stauffer Drive. It was pointed out that notice that the Committee would hold a public meeting this date to consider these matters had previously been given. Mr. T. Boutilier gave a presentation with respect to the reports. He noted that there were two issues of concern, being: the justification for additional residential designation and the justification for additional business park land. He pointed out that there was no justification statistically at this time for additional residential lands to be brought in. Further, he commented that there was no reliable method to project the need for Business Park designated lands and recommended that the city continue the principle of replacing such lands with the amount of lands lost as a result of revised designations. He then discussed the history of the Settlement Boundary Line and the approaches taken by the city and by the Region in this regard. Mr. Boutilier commented on the servicing issue and advised that there was an error in the background to the report. One area had been said to be unserviceable by the Strasburg Trunk; however, it had been found the area was serviceable by either the Borden or Strasburg Trunk, if capacity was available. The other issue of significance to this matter was watershed studies. It was staffs opinion the settlement Boundary Line should be coincident with the natural gravity servicing line. Also, with a more compact urban form expected in future, it was appropriate to reserve capacity in the trunk sewer to accommodate changing land use trends. Accordingly, he suggested that lands outside the Settlement Boundary limits be reviewed in 10 years. Mr. Boutilier then commented on the reasoning for recommendations to refuse the Official Plan Amendment Applications of Hesch Farms and Cybau Holdings Inc. Mr. Chris Pidgeon, Cumming Cockburn Limited, appeared as a delegation on behalf of Milla, Weilands, Shantz, landowners in opposition to the redefinition of the Settlement Line. His letter dated June 15, 1994 was distributed with the agenda. It was his view that designation of the 2.PD 94154 - ADDENDUM TO UPDATE OF WEST SIDE STUDY PART 1 REPORT - OFFICIAL PLAN AMENDMENT 94/1 - WEST SIDE STUDY - OFFICIAL PLAN AMENDMENT 91/6 - HESCH FARM - OFFICIAL PLAN AMENDMENT 90/6 - CYBAU HOLDINGS INC. - SOUTH WARD (CONT'D) lands as Settlement Policy Area "A" in the Regional Official Policies Plan meant there was a commitment for urban land uses to apply and he reviewed the contents of his letter to justify this position. Mr. Pidgeon advised that Mr. Mark Somerville was present earlier but had to leave and he wished to read notes of the presentation Mr. Somerville had planned to make. He advised that Weilands, with reliance on the Official Plan, had acquired their property in July 1991. The purpose of the Official Plan in the eyes of the Ontario Municipal Board was described. Essentially, it was his view that it was grossly unfair for the City to now contract the urban form. Mr. Mark Nowak appeared as a delegation on behalf of the owners as well as himself as part-owner, of a 75 acre land parcel presently under aggregate extraction at the corner of Bleams and Trussler Roads. A submission dated June 17, 1994 was distributed this date. History of the subject property and related planning actions was reviewed and he requested that Business Park designation, as the only logical use, be extended to Trussler Road. City Council's resolution (2.1.3.2) of May 19, 1992 was referred to. Mr. T. Boutilier commented that many circumstances had changed since 1992 since additional documents were now available. He then outlined what he had found after taking over this PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 20, 1994 - 114 - CITY OF KITCHENER Amendment and reviewing the contents of the file. Mr. B. Stanley commented that until the watershed study was completed, it was premature to designate urban land outside the watershed study. Mr. Nowak pointed out that the West Side Study was completed at substantial cost with a vision for the future and was now being discarded. He asked that the earlier commitment made be honoured. Mr. Bob Kieswetter advised that basically, gravel was exhausted and they were now mining sand. He stated that originally it was indicated they would go much deeper for gravel and that is what the Paragon Engineering report was based on. Mr. Nowak stated they were only asking for what they had two years ago which was a commitment for Business Park designation. Mr. Glenn Scheels, Cumming Cockburn Limited, appeared as a delegation on behalf of Cybau Holdings Inc. Official Plan Amendment Applications 91/6 & 90/6. His submission dated June 17, 1994 was distributed with the Committee agenda. It was his view that supply issues should not be the only determinant of whether to designate additional lands for future residential purposes. He referred to other criteria and reasoning in this regard which justifies designating the Cybau lands at this time. The recommendations in the staff reports were then considered. On motion by Councillor M. Yantzi, it was resolved: "That with respect to the staff recommendations in PD 94/54 as they affect the Weiland property et al in the vicinity of Trussler Road and Ottawa Street, the line between the Rural/Urban Settlement Areas be coincident with the servicing line as defined by the "City of Kitchener - West Side Study Trussler/South Plains Area - Servicin,q Study", prepared by Para,qon En,qineerin,q Ltd." On motion by Mayor D.V. Cardillo, it was resolved: "1. That Official Plan Amendment 94/1 which recommends that the West Side Study Area be designated Agricultural, Major Open Space, Business Park, Major Institutional and Low Density Residential, be approved, subject to: 2.PD 94/54 - ADDENDUM TO UPDATE OF WEST SIDE STUDY PART 1 REPORT - OFFICIAL PLAN AMENDMENT 94/1 - WEST SIDE STUDY - OFFICIAL PLAN AMENDMENT 91/6 - HESCH FARM - OFFICIAL PLAN AMENDMENT 90/6 - CYBAU HOLDINGS INC. - SOUTH WARD (CONT'D) 1) That OPA 94/1 be revised to recommend that the Boundary between Settlement Policy Areas "A" & "E" in the Regional Official Polices Plan be refined to be coincident with the identified gravity sanitary servicing limits of the Strasburg and the Borden Trunk Sewer Systems, as defined by the "City of Kitchener - West Side Study Trussler/South Plains Area - Servicin,q Study", prepared by Para,qon En,qineerin,q Ltd, July, 1991. 2) That OPA 94/1 be revised to designate those lands on the south side of Bleams Road, west of Gehl Place and within the defined gravity servicing limits of the Strasburg Trunk Sanitary Sewer System, as "Business Park". Further, that staff meet with representatives of Select Sand and Gravel to precisely determine the extent of lands presently in aggregate extraction which are within the natural gravity servicing limits of the Strasburg Trunk Sanitary Sewer System, and such lands to be designated "Business Park" in OPA 94/1. 3) That the attached revised Schedule "A" (which amends the Kitchener Municipal Plan) be incorporated into OPA 94/1, and the previous Schedule "A" (which amended the Official Plan) be deleted. 2.That the City of Kitchener request the Regional Municipality of Waterloo to incorporate this Amendment together with the revised Schedule "A" into the Kitchener Municipal Plan by Modification at the time of approval of the Municipal Plan. 3.That Official Plan Amendment 90/6 - Cybau Holdings Inc. and Official Plan Amendment 91/6 - Hesch Farm that seek to designate lands located in the Dundee Planning Community as Low PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 20, 1994 -115- CITY OF KITCHENER Density Residential, be refused. It is the opinion of this Committee that the refusal of these applications is proper planning for the City." Councillor G. Lorentz previously disclosed a conflict of interest and abstained from all discussions and voting as his parents live within the area affected by the West Side Study. PD 94~43 - HURON ROAD AND BIEHN DRIVE - ZONE CHANGE APPLICATION 881281HIZJ - HALLMAN ABERDEEN LTD. - SUBDIVISION APPLICATION 30T-88007 - REVISION TO BRIGADOON COMMUNITY PLAN - SOUTH WARD The Committee was advised that the Department of Planning & Development was in receipt of applications for zone change and subdivision submitted by Hallman Aberdeen Ltd. with regard to lands situate in the vicinity of Huron and Biehn Drive. The subject land comprise 29.55 hectares (73.0 acres) of undeveloped lands with minimal frontage on both the south side of Huron Road and the west side of Biehn Drive. The proposed zoning change is from Agricultural (A) according to Township of Waterloo By-law 878A to Restricted Residential (R2A) with special regulations, Semi- Restricted Residential (R2B) with a special list of uses and special regulations, and Semi-Restricted Residential (R2) according to By-law 4830; and Neighbourhood Shopping Centre Zone (C-2), Community Institutional Zone (I-2) and Hazard Land (P-3) according to By-law 85-1. In this regard, the Committee considered Staff Report PD 94/43 dated May 26, 1994 and two proposed by-laws each dated May 24, 1994 attached to the report. It was noted in the report that the Subdivider proposes to rezone the 29.5 hectare (73.0 acre) parcel and create a subdivision consisting of 41 residential blocks consisting of a mixture of approximately 400 single detached, semi-detached or linear townhouse units, a multiple dwelling block, a community institutional block, a neighbourhood commercial block, a storm water 3. PD 94~43 - HURON ROAD AND BIEHN DRIVE - ZONE CHANGE APPLICATION 881281HIZJ - HALLMAN ABERDEEN LTD. - SUBDIVISION APPLICATION 30T-88007 - REVISION TO BRIGADOON COMMUNITY PLAN - SOUTH WARD (CONT'D) management block, two open space blocks, two future development blocks as well as the conveyance to the City of a large parcel of land within the Strasburg Creek flood plain. In concert with these applications, a revision to the Brigadoon Community Plan was proposed. It was pointed out that notice that the Committee would hold a public meeting this date to consider these matters had previously been given. Mr. T. McCabe introduced the applications and pointed out that the planning process had taken some six to eight years to reach this stage. He noted that the only outstanding issue was the intersection of Street Three with Biehn Drive and it was staff's view that the connection was critical. Mr. Z. Janecki then summarized environmental and traffic issues that have been of concern and pointed out that the main issue has been the Street Three location. He commented on the road network and activities in that regard to benefit the environment. He distributed a memorandum dated June 20, 1994 as an addendum report to Staff Report PD 94/43. The addendum contains a recommended revision to the proposed by-law, a revision to Condition #60, and addition of a new Condition #74, the purpose of each he explained in detail. Mr. Ken Meinzinger appeared as a delegation and advised that he owned a property on Biehn Drive and had lived in the Brigadoon area for six years. Mr. Meinzinger advised that all of his concerns were submitted to staff and were itemized on pages A. 16 and A. 17 of the report. He acknowledged that many of his environmental and traffic concerns had been addressed; however he did have a concern in that during construction with very hilly terrain involved, a lot of soil/silt could be washed into creeks and ponds and recommended there be a proactive approach to avoid this situation. Further, he questioned who would be responsible for providing pedestrian access via community trails to the existing ponds following the completion of development. Mr. T. McCabe advised that the Department of Parks & Recreation was responsible for the timing of the installation of pedestrian trails. He pointed out that concern was expressed earlier this year at a Community Services Committee meeting with regard to the trail issue which has nothing to do with the subdivision developer's responsibilities, but was related to the way the City funds the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 20, 1994 - 116 - CITY OF KITCHENER construction of trails. He noted that this City policy was currently being reviewed. In response to the concern expressed with regard to siltation, Mr. D. Mansell advised that the Public Works Department has been working with the Ministry of Natural Resources, the Grand River Conservation Authority and applicant's engineer's to provide the best possible siltation controls. Mr. Meinzinger then made the following comments: there was no active parkland in the subdivision, he raised the question as to why the subdivision had three access points, requested Street Three be eliminated and noted that the area should have been planned as a conservation area many years ago. Mr. P. Britton, MacNaughton Hermsen Britton Clarkson, appeared as a delegation on behalf of Hallman Aberdeen and commented that the applicant has been working with the most stringent watershed reports in order to develop this subdivision. He pointed out that Condition #53 details measures requiring erosion/siltation controls, and Condition 58(d) deals with pond access. Mr. Britton stated that the applicant was dedicating over 45 percent of the area of the plan of subdivision over an above cash in lieu dedications and stated that it has always been intended that there would be a full connection to Biehn Drive and that the Street Three connection to Biehn Drive had been the subject of at least three public meetings. He stated that he was very satisfied that the street design and connection had the least impact option on the environment. Councillor T. Galloway stated that he was not satisfied that the Street Three connection to Biehn 3. PD 94143 - HURON ROAD AND BIEHN DRIVE - ZONE CHANGE APPLICATION 881281HIZJ - HALLMAN ABERDEEN LTD. - SUBDIVISION APPLICATION 30T-88007 - REVISION TO BRIGADOON COMMUNITY PLAN - SOUTH WARD (CONT'D) Drive was necessary. Councillor Galloway then posed a number of questions and comments pertaining to traffic routing, Street Three being contentious within the neighbourhood, environmental degradation resulting from the road connection, the terms of the development agreement not being strong enough with regard to erosion/siltation control, who was responsible if siltation measures failed, the need for a clause requiring the developer to assume any rehabilitative costs, and he questioned if condition 53(C) could be revised to cover responsibility on the part of the developer. Mr. J. Wallace advised that through the subdivision agreement, the developer could be requested to rehabilitate provided there was some reasonableness as to what was being requested. Mr. D. Mansell stated that there were sufficient controls reflected in conditions 52, 53 and 54 requiring the developer to be responsible should there be a breach of erosion/siltation measures. Councillor B. Stortz recommended that Messrs. J. Wallace and D. Mansell address the question of a breach and report to Council. Councillor T. Galloway then raised the issue of Community Trails and Mr. T. McCabe re-stated that staff were considering the matter of timing of trail development but could make recommendations to the Parks & Recreation Department. Councillor T. Galloway noted that a developer in Glencairn refuses to install double driveway ramps and questioned if the City could stipulate they be installed. Mr. T. McCabe pointed out it was an issue respecting City standards and the Public Works Department could address it. Councillor T. Galloway raised other issues involving the lack of active parks and if a possible delay of the infrastructure program took place, the subdivision not proceed until new Huron Road was in place to Strasburg Road. These concerns were responded to by staff. The recommendations in the staff reports were then considered and the revisions requested this date in Mr. Janecki's memorandum were agreed to. The recommendations, as revised, were then considered. On motion by Councillor B. Stortz, it was resolved: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 20, 1994 - 117 - CITY OF KITCHENER A)That the "Brigadoon Community Plan" be revised as follows: a) That a new section be added to the Brigadoon Community Plan immediately following Section 10 as follows: 3.11 "Community Institutional" 3.11.1 That Community Institutional uses be located as shown on Map 1. This allows such uses as single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, educational establishments, religious institutions, small and large residential care facilities, health offices, health clinics, veterinary services, social service establishments, artisans establishments, day care facilities, private home day care and home businesses. b)That Map 1 dated April, 1994, Brigadoon Community Plan be revised to redesignate the 1.2 hectare parcel of land from Multiple Residential (100 uph) to Community Institutional and a second parcel of land from Neighbourhood Institutional to Low PD 94~43 - HURON ROAD AND BIEHN DRIVE - ZONE CHANGE APPLICATION 881281HIZJ - HALLMAN ABERDEEN LTD. - SUBDIVISION APPLICATION 30T-88007 - REVISION TO BRIGADOON COMMUNITY PLAN - SOUTH WARD (CONT'D) Density Residential. B)That Zone Change Application 88/28/H/ZJ (Hallman Aberdeen Limited) requesting a change in zoning from Agricultural (A) according to Township of Waterloo By-law 878A to Restricted Residential (R2A) with special regulations, Semi-Restricted Residential (R2B) with a special list of uses and special regulations, and Semi-Restricted Residential (R2) according to By-law 4830; and to Neighbourhood Shopping Centre (C-2), Community Institutional (I-2) and Hazard Land (P-3) according to By-law 85-1 on Part Lots D, 13, 173, 174 and 181 and Part of William Street (closed by By-law 1009, Instrument Number 254297), Part of Road (closed by By-law 429-A, Instrument Number B-33291), Registered Plan 640 and Blocks 84 and 87 of Registered Plan 1582, Block 130, Registered Plan 1640, and Part of Lots 7 and 11, Biehn's Tract in the form shown in the "Proposed By- laws" attached dated May 24, 1994, as revised June 20, 1994, with respect to the proposed by-law to amend By-law 4830, so as to add an additional phrase at the end of subsection 2(i) of the notwithstanding clause differentiating part lots on Street Nine that are subject to a 5 metre setback from the rear property line abutting the open space lands zoned Hazard Land, be approved, subject to the Subdivision Agreement conditions contained herein in C) below. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Approved Official Plan. C)That subject to consideration by City Council of a report from the Department of Public Works and the Legal Department respecting Condition 53, that Subdivision Application 30T- 88007 (Hallman Aberdeen Limited) be recommended to the Regional Municipality for Draft Approval subject to the following conditions: IThat the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined in the attached plan of the subdivision and that the following conditions shall be written therein. The Subdivider covenants and agrees: 51 .That the final plans for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated 94 05 17, providing that minor amendments to said plan, acceptable to the General Manager of the Department of Planning and Development and not affecting the numbering of Lots or Blocks, may be permitted without an amendment to this agreement. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 20, 1994 - 118 - CITY OF KITCHENER 52.To submit a Lot Grading Plan and a Drainage Control Plan for the approval of the City's Commissioner of Public Works in consultation with the Department of Parks and Recreation and the Grand River Conservation Authority, prior to each registration of the Plan of Subdivision. The Subdivider agrees that grading provision for community trails to the satisfaction to the Department of Parks and Recreation shall be included in the Grading and Drainage Control Plan. 53.To submit for the approval of the City's Commissioner of Public Works, in consultation with the Department of Parks and Recreation and Grand River Conservation Authority, a detailed engineering design for storm water management in accordance with the approved concept plan. Said engineering design shall include provision of any required erosion and siltation control features to be installed both during and after grading and construction stages. The Subdivider further agrees to implement all required measures as outlined in the approved final design. PD 94~43 - HURON ROAD AND BIEHN DRIVE - ZONE CHANGE APPLICATION 881281HIZJ - HALLMAN ABERDEEN LTD. - SUBDIVISION APPLICATION 30T-88007 - REVISION TO BRIGADOON COMMUNITY PLAN - SOUTH WARD (CONT'D) 54.That the design and construction of the subdivision shall be undertaken in accordance with the Environmental Implementation Report (EIR), prepared by MTE Consultants, dated February 1993 and its Addendum dated November 12, 1993. In particular, the following special conditions shall apply: a) The final Storm Water Management design shall meet the Storm Water Management objectives, concepts and techniques included in the EIR. A final Storm Water Management Report demonstrating compliance with the EIR shall be prepared for the approval of the City and the Grand River Conservation Authority. b)Site specific Storm Water Management criteria outlined in the EIR shall be included as conditions in Site Plan Approval for Block 1, Stage 6; Block 1, Stage 9; Block 1, Stage 10. Additional requirements may be necessary if the development densities of these blocks exceed those assumed in the EIR. Further, any blocks developed within the Subdivision Plan at densities higher than those assumed in the EIR may require on-site Storm Water Management to meet the criteria of the EIR. c)An Environmental Protection and Erosion Control Plan demonstrating how the existing fishery and wetlands are to be protected during construction shall be prepared to the satisfaction of the City and Grand River Conservation Authority. d)The Subdivider shall install permanent markers delineating all setback and environmentally sensitive areas prior to any grading taking place. e)The slope stability of Street Three immediately west of Biehn Drive shall be addressed by geotechnical engineering consultant during final design. f)The Subdivider will be responsible for submitting a final report demonstrating compliance with the EIR at the final design stage for the approval of the City and the Grand River Conservation Authority. g)A phased groundwater elevation monitoring program shall be developed in conjunction with the Regional Municipality of Waterloo and the Grand River Conservation Authority. Ongoing responsibility of the monitoring program shall be the responsibility of the Region. h)The Subdivider shall prepare an information package for inclusion in all Agreements of Purchase and Sale. The package will outline the environmental characteristics of the area and specific measures such as dry wells that home owners shall implement and maintain in order to protect the Strasburg Creek Environment. The Subdivider shall submit the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 20, 1994 - 119 - CITY OF KITCHENER information package to the Department of Public Works in consultation with the City's Director of Buildings and Inspections for review and approval prior to registration of Stage 1 of the Subdivision Plan. 55.To submit a Landscaping/Rehabilitation Plan demonstrating the protection measures and rehabilitation actions to be taken in and around Block 16 (Stage 1), Storm Water Management Pond to the Department of Parks and Recreation and the Grand River Conservation Authority, prior to registration of Stage 1 of the Subdivision Plan. Further, the Subdivider agrees to complete the landscaping/rehabilitation, at its cost, in accordance with the approved plans as part of the storm water management project. 56.To construct 1.5 metre wide concrete sidewalks along the following streets to the satisfaction to the City's Department of Public Works: 3. PD 94~43 - HURON ROAD AND BIEHN DRIVE - ZONE CHANGE APPLICATION 881281HIZJ - HALLMAN ABERDEEN LTD. - SUBDIVISION APPLICATION 30T-88007 - REVISION TO BRIGADOON COMMUNITY PLAN - SOUTH WARD (CONT'D) a)Along both sides of Streets Two, Three, Four, Five and Six; b)Along the northerly side of Street Seven from Street Five to Walkway Block 6 (Stage 5); c)Along the southerly side of Street Eight from Street Five to Walkway Block 12 (Stage 1 ); d) Along the southerly side of Street Nine from Street Three to Walkway Block 3 (Stage 3A). e)Along the easterly side of Strasburg Road as it abuts the plan of subdivision. 57.That the street names within the Plan of Subdivision shall be approved by City Council prior to registration of Stage 1 of the Plan of Subdivision. 58.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 relevant stage of the Subdivi- sion Plan as noted: Sta,qe 1: a)Block 15 for Open Space purposes, b)Block 16 for Storm Water Management purposes, c)Blocks 19-39 inclusive for 0.3 metre reserve purposes; d)The wetland buffer/floodplain lands located immediately south of the plan extending generally to the south limit of the floodline of Strasburg Creek, and the immediately abutting section of Strasburg Road to this limit, to the City, prior to registration of Stage 1 of the Subdivision Plan. Sta,qe 2: a)Block 11 for Open Space purposes; Sta,qe 3B: a)Block 5 for 0.3 metre reserve purposes; Sta,qe 4: a)Block 4 for 0.3 metre reserve purposes; PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 20, 1994 - 120 - CITY OF KITCHENER Sta,qe 5: a)Blocks 8-10 inclusive for 0.3 metre reserve purposes; Sta,qe 7: a)Block 6 for 0.3 metre reserve purposes. PD 94~43 - HURON ROAD AND BIEHN DRIVE - ZONE CHANGE APPLICATION 881281HIZJ - HALLMAN ABERDEEN LTD. - SUBDIVISION APPLICATION 30T-88007 - REVISION TO BRIGADOON COMMUNITY PLAN - SOUTH WARD (CONT'D) 59.To notify all purchasers of Blocks 12-14 inclusive (Stage 1), Block 3 (Stage 2) and Block 1 (Stage 3A) by including in Offers of Purchase/Agreement of Sale a warning clause stating that due to slopes and environmental impact at the rear of the property and the potential for soil erosion that additional zoning restrictions have been imposed stipulating that no structures, buildings and/or swimming pools be located within 5 metres of the rear property line of Blocks 12 and 13 (Stage 1), Block 3 (Stage 2) and Block 1 (Stage 3A) and within 10 metres of the rear property line of Block 14 (Stage 1). 60.That construction traffic to and from the proposed subdivision for all stages shall be prohibited from using Huron Road east of the future Strasburg Road or Biehn Drive. All construction traffic shall also be prohibited from using other internal residential streets in the existing community. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement and the Subdivider being responsible for any signage where required, all to the satisfaction of the Director of Traffic and Parking Services. 61 .That in consideration of the wooded character of portions of the subdivision lands and the City's desire to minimize the impact of development on certain treed areas worth saving, the Subdivider agrees to comply with the following two step process in development 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 the Department of Parks and Recreation in consultation with the Department of Planning and Development. This approval shall be in addition to the Commissioner of Public Works approval required by Clause 36 of this agreement and the City agrees to coordinate engineering and tree saving objectives between the relevant City departments in order to reach a satisfactory Grading Control Plan. The plan submitted to the General Manager of the Department of Parks and Recreation shall show: i) Existing and proposed grade elevations; ii)Indication of ground water and surface drainage; iii) Description of soil characteristics; iv)Delineation of "work zones"; being defined as areas to be disturbed due to area/rough grading, cut and fill, installation of roads and services or construction vehicular access; v)Location and description of tree protection measures to be implemented around specified work zones. The Subdivider agrees that no work, road construction or any grading within the subdivision shall occur until such time as all measures for the protection of trees effected by such construction or grading have been implemented to the satisfaction of the Department of Planning and Development. vi)Location of proposed stock piles of excavation materials. b)Prior to the Subdivider applying for or being issued a building permits for any particular lot containing PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 20, 1994 - 121 - CITY OF KITCHENER trees worth saving as shown on the Grading Control Plan approved by the General Manager of the Department of Parks and Recreation, a tree PD 94~43 - HURON ROAD AND BIEHN DRIVE - ZONE CHANGE APPLICATION 881281HIZJ - HALLMAN ABERDEEN LTD. - SUBDIVISION APPLICATION 30T-88007 - REVISION TO BRIGADOON COMMUNITY PLAN - SOUTH WARD (CONT'D) saving/site plan for the particular lot shall be submitted to and approved by the Department of Planning and Development. Said plan(s) shall show: i)Delineation of "work zones"; being defined as areas to be disturbed due to site, final grading, excavation, installation of services or construction of vehicular access. ii) Approximate location, size, species and condition of all existing trees greater than 100 DBH which are required within a 6.0 metre band around the defined work zones. iii) Indication of which trees are to be saved within a 6.0 metre band around the work zones, such trees being tagged, or similarly identified in the field by the Subdivider. iv) Location and description of tree protection measures to be implemented within each particular lot around the work zones. The Subdivider agrees to implement at his cost, approved tree protection measures prior to any site grading, excavation, or construction occurring on the particular lot. v) The location of proposed stock piles of excavation materials. vi) Existing and proposed elevations. vii) Location of proposed stock piles of excavation materials. (c)The Subdivider agrees to develop the subdivision in accordance with all approved plans and agrees that no trees shall be removed from the subdivision lands except those trees approved for removal as shown on the Grading Control Plan approved by the General Manager of the Department of Parks and Recreation or as shown on the approved tree saving/site plan(s) without the permission of the City. Furthermore, the Subdivider agrees to provide the relevant builders and prospective purchasers a copy of the Grading Control Plan approved by the General Manager of the Department of Parks and Recreation and a copy of the approved tree saving/site plan(s) where applicable. 62.To install a permanent 1.2 metre high, page-wire fence or an alternate marking system to the satisfaction of the City's Department of Parks and Recreation along the flankage and/or rear lot lines of Blocks 1, 12-14 inclusive (Stage 1), Blocks 1-5 inclusive (Stage 2), Block 2 (Stage 4), Block 5 (Stage 5), Blocks 4 and 5, (Stage 7) and Blocks 1-5 (Stage 8) where such lot lines abut Open Space or Storm Water Management blocks. 63.That as no parkland dedication or cash-in-lieu contributions are being required from this Plan of Subdivision, the subdivider agrees to provide a minimum 1.39 hectare park dedication in the next subdivision development located to the south of Strasburg Creek within Subdivision Application 30T-88006, in addition to the park dedication required from those lands. An ancillary agreement setting out this requirement shall be registered on said southerly lands prior to registration of Stage 1 of this Plan of Subdivision. 64.To install a 1.2 metre high temporary snow fencing along the limits of residential lots/blocks and Street Three which abuts Blocks 15 and 16 (Stage 1), Block 11 (Stage 2) and Strasburg Creek and between Storm Water Management Block 16 (Stage 1) and the open space lands. The Subdivider shall be responsible for installing the appropriate PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 20, 1994 - 122 - CITY OF KITCHENER PD 94~43 - HURON ROAD AND BIEHN DRIVE - ZONE CHANGE APPLICATION 881281HIZJ - HALLMAN ABERDEEN LTD. - SUBDIVISION APPLICATION 30T-88007 - REVISION TO BRIGADOON COMMUNITY PLAN - SOUTH WARD (CONT'D) signs every 45 metres noting that there shall be no dumping in this area; with installation to the satisfaction of the Department of Parks and Recreation prior to any area grading or building permits being issued. The Subdivider shall be responsible for the removal of all material dumped in this area and the temporary fencing shall be removed following completion of all construction within the plan area. 65.That the Plan of Subdivision shall be registered in ten (10) separate registered plans shown as Stages 1 through 10 on the attached Plan of Subdivision and the following special conditions shall apply in addition to the normal City requirements and other conditions contained herein: Sta,qe 1: a)That prior to the issuance of any building permits for Stage 1, and subject to the financing provisions of Clause 67, the Subdivider shall be responsible for the extension of Strasburg Road from its present terminus southerly to the intersection of Street Two all to the satisfaction of the City's Commissioner of Public Works. Any part of this section of Strasburg Road not dedicated as 'public highway' by plan registration shall be opened by By-law prior to building permits being issued. b)That the City of Kitchener agrees to sign the Stage 1 plan to dedicate as 'public highway' a parcel of land being 0.02 hectares which is to be included as part of Street Three. c)That the design of Street Three be a 20 metre right-of-way and that it taper down to an 18 metre right- of-way immediately west of Biehn Drive to the satisfaction of the Commissioner of Public Works. d)That the full 26 metre right-of-width of Strasburg Road north of Huron Road to its present terminus be acquired and conveyed to the City of Kitchener prior to registration of Stage 1 of the Plan of Subdivision. Sta,qe 2: a)That Stage 2 shall be registered immediately consecutively with or subsequent to the registration of Stage 1. In the event that Stage 2 is registered consecutively with Stage 1, .3 metre reserves, Blocks 36 and 38, (Stage 1) will not be required. Stapes 3A and 3B: a)Further, Stages 3A and 3B may be registered in any order following the registration of Stage 1. b)To construct a temporary turning circle to City standards on Block 3 (Stage 3B) 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 once Street Two is extended northerly. No building permits shall be issued for Block 3 until the turning circle is removed. Sta,qe 4: a)That Stage 4 shall be registered immediately consecutively with or subsequent to the registration of Stage 1. In the event that Stage 4 is registered consecutively with Stage 1, .3 metre reserve Block 33, Stage 1 will not be required. PD 94~43 - HURON ROAD AND BIEHN DRIVE - ZONE CHANGE APPLICATION 881281HIZJ - HALLMAN ABERDEEN LTD. - SUBDIVISION APPLICATION 30T-88007 - REVISION TO BRIGADOON COMMUNITY PLAN - SOUTH WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 20, 1994 - 123 - CITY OF KITCHENER Sta,qe 5: a)That Stage 5 shall be registered immediately consecutively with or subsequent to the registration of Stage 4. In the event that Stage 5 is registered consecutively with Stage 4, .3 metres reserve Block 4, (Stage 4) will not be required. b)To construct a temporary turning circle to City standards on Block 7 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 once Street 5 has been extended westerly. c)To construct a temporary/emergency access across Block 6 (Stage 5) and Block 18 (Stage 1) prior to issuance of any building permits for Stage 5. Said temporary/emergency access shall be removed only upon the completion of Street Five westerly to a completed Strasburg Road from Street Two to Street Five (Stages 1 and 7) to the satisfaction of the Commissioner of Public Works. Sta,qe 6: a)That Stage 6 shall be registered immediately consecutively with or subsequent to the registration of Stage 1. In the event that Stage 6 is registered consecutively with Stage 1, .3 metre reserve Block 34, Stage 1 will not be required. 67.That Block 2, be reserved for future development purposes and merged with the abutting lands either to the east or the west to form a consolidated land parcel for development. Sta,qe 7: a)That Stage 7 shall be registered immediately consecutively with or subsequent to the registration of Stage 5. In the event that Stage 7 is registered consecutively with Stage 5, .3 metres reserve Blocks 26 and 33 (Stage 1), Block 4 (Stage 4) and Block 8 (Stage 5) will not be required. b)To construct Strasburg Road from its terminus at Street Two in a southerly direction to the southern limits of the Subdivision Plan to the satisfaction of the Department of Public Works prior to any building permits being issued for Stage 7. Sta,qe 8: a)That Stage 8 shall be registered immediately consecutively with or subsequent to the registration of Stage 7. In the event that Stage 8 is registered consecutively with Stage 7, .3 metre reserve Block 9 (Stage 5) and Block 6 (Stage 7) will not be required. Sta,qe 9: a)That Stage 9 shall be registered immediately consecutively with or subsequent to the registration of Stage 1. In the event that Stage 9 is registered consecutively with Stage 1, .3 metre reserve Blocks 26, 28-30 inclusive (Stage 1), Block 4 (Stage 4), and Block 8 (Stage 5) will not be required. Sta,qe 10: a)That Stage 10 shall be registered immediately consecutively with or subsequent to the PD 94~43 - HURON ROAD AND BIEHN DRIVE - ZONE CHANGE APPLICATION 881281HIZJ - HALLMAN ABERDEEN LTD. - SUBDIVISION APPLICATION 30T-88007 - REVISION TO BRIGADOON COMMUNITY PLAN - SOUTH WARD (CONT'D) registration of Stage 1. In the event that Stage 10 is registered consecutively with Stage 1, .3 metres PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 20, 1994 - 124 - CITY OF KITCHENER reserves Blocks 19, 20, 21,26 and 27 (Stage 1) will not be required for a reserve. 66.To submit a design for the interim upgrading of the Old Huron Road/Homer Watson Boulevard intersection and the proposed improvements to the existing Huron Road between Homer Watson Boulevard and Strasburg Road to the approval of the City's Commissioner of Public Works and the Regional Commissioner of Engineering prior to registration of Stage 1 of the Plan of Subdivision. The approved interim intersection design and improvements to existing Huron Road shall be completed to the satisfaction of the City's Department of Public Works and the Regional Commissioner of Engineering and open to public use at no cost to the City or the Region of Waterloo prior to the issuance of any building permits in this Plan of Subdivision. In the event the Homer Watson Boulevard widening project by the Region proceeds, then this condition is not required. 67.That if insufficient money is available in the City's Development Charge Account to permit the City to fund the extension of Strasburg Road, from its present terminus to the southern limits of the subdivision, the oversizing part of the 300 mm watermain along Strasburg Road in the same location and the extension of the Strasburg Creek Sanitary Trunk Sewer westerly from Biehn Drive, the Subdivider agrees to be responsible for up-fronting all costs related for these services. In this regard, the City will be responsible for 100% of the cost of the extension of Strasburg Road from its present terminus to the southern limits of the subdivision, the oversizing part of the 300 mm watermain along Strasburg Road in its same location and the extension of the Strasburg Creek Sanitary Trunk Sewer westerly from Biehn Drive. Accordingly, the City hereby agrees to recognize any money paid by the Subdivider for any work or services which would normally be assessed against City's Development Charge reserve, with such monies are presenting a credit towards any City Development Charge required for development within each lot or block. The offset will be made by the City only as a credit with respect to monies required to be paid for Development Charges for development within the plan. Said offsets shall be charged initially against that portion of the applicable Development Charge with respect to Engineering Services required to be paid prior to the City's release of the Plan of Subdivision for registration. Any remaining offset will be credited against that portion of the applicable Development Charges which is required to be paid at the time of issuance of building permits. In this regard, the Subdivider shall provide to the City, a list of those lots or blocks to which credit will be assigned and the Subdivider shall enter into a Supplementary Agreement with the City outlining the aforementioned, with the offset to be registered against title of each specified lot or block, prior to the registration of Stage 1 of the plan. The same approach shall be repeated for the registration of each Stage, with any outstanding offset balance remaining within the lands for any future credit upon additional development after the entire plan has been registered and all permits issued not being paid in actual monies by the City. Upon the total of the offset reaching the amount of monies properly paid by the Subdivider for the specified work, then the Development Charges will be paid in the normal manner in accordance with the City's By-law in that regard. Following completion of the construction of the required extension of Strasburg Road, the extension of the watermain, and the extension of the Strasburg Creek Sanitary Trunk PD 94~43 - HURON ROAD AND BIEHN DRIVE - ZONE CHANGE APPLICATION 881281HIZJ - HALLMAN ABERDEEN LTD. - SUBDIVISION APPLICATION 30T-88007 - REVISION TO BRIGADOON COMMUNITY PLAN - SOUTH WARD (CONT'D) Sewer in a manner satisfactory to the City's Commissioner of Public Works, the Subdivider shall provide evidence to the City, satisfactory to the City Solicitor and the Commissioner of Public Works, as to the payment in full for said works including evidence that there are no claims or a possibility of claims under the Construction Lien Act. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 20, 1994 - 125 - CITY OF KITCHENER 68.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. 69.That division of lands in respect to all residential Blocks within the plan except for Block 1 (Stage 6) will be permitted subject to sequential compliance with the following: i)To submit for the approval of Department of Planning and Development and the Department of Public Works plans for each block illustrating lotting, building envelopes, driveway locations, maintenance easements, eave encroachments, service connections, street utility hardware, proposed grades, together with the plans showing typical building elevations where required. ii) To apply for and receive final approval of a Part Lot Control Exemption By-law in respect to the division of said blocks and that the Part Lot Control Exemption By-law not be presented to Council until the Department of Public Works has confirmed that lotting pattern is in conformity with the approved engineering drawings. iii) That subsequent to receiving Plan Approval and an exemption from Part Lot Control, building permits may be applied for and issued for said blocks, subject to full compliance with the Approved Plan and the normal requirements of the building by-law or any other by-law and subject to plans being submitted to the satisfaction of the Director of Building and Inspections. iv) That a Reference Plan with respect to the division of said blocks showing all required maintenance easements and eave encroachments, shall be prepared and presented to the Department of Planning and Development for examination. Further, the Subdivider agrees not to transfer title of any part of said blocks until such time as said Reference Plan has been deposited in accordance with the Registry Act. v) The Subdivider agrees that the Part Lot Control Exemption By-law shall be repealed after the last dwelling unit is sold in each block and the Subdivider agrees further to be responsible for advising Department of Planning and Development when the last dwelling unit has been sold. 70.To fill, compact and grade in both preliminary and finished form top soil and seed/sod Block 15 (Stage 1) and Block 11 (Stage 2) to the satisfaction of the Department of Parks and Recreation. Said works are to be completed in conjunction with the timing and grading of the surrounding residential development and not to exceed two years from the registration of the Subdivision Plan or an alternate time approved in writing by the Department of Parks and Recreation. 71 .To provide temporary turning circles for transit turn arounds at the intersections of proposed Strasburg Road and Street Two and at the intersection of proposed Strasburg Road and Street Five at any one time to the satisfaction of the Directors of Traffic and Parking Services and Transit. 72.To relocate the existing fencing along the north side of Street Three abutting the Region PD 94~43 - HURON ROAD AND BIEHN DRIVE - ZONE CHANGE APPLICATION 881281HIZJ - HALLMAN ABERDEEN LTD. - SUBDIVISION APPLICATION 30T-88007 - REVISION TO BRIGADOON COMMUNITY PLAN - SOUTH WARD (CONT'D) of Waterloo water well in order to allow for the shifting of the proposed right-of-way of Street Three northward. 73.That all zero sideyard housing shall provide 1.5 metre wide maintenance easements and a maximum .3 metre eave encroachment easement. 74.To grant easements to the City for sanitary sewer service along the future street rights-of-way, within PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 20, 1994 - 126 - CITY OF KITCHENER Stages 5 and 7 to service adjacent lands west of Strasburg Road in the event said stages are not registered by the subdivider prior to the timing of the extension of sanitary sewers being needed for such adjacent development. IIThat an exemption to Council's Reduced Road Allowance Policy be granted in order to allow the tapering of Street Three just west of Biehn Drive from a 20 metre right-of-way to an 18 metre right-of-way in order to provide increased setbacks and protection from Brigadoon Pond immediately to the south. IIIThat prior to registration of Stage 1 of Plan 30%88007, the Subdivider shall enter into a supplementary agreement pertaining to both the conveyance to the City of the balance of new Strasburg Road and deferral of the 5% park dedication to its abutting land to the south with said agreement registered prior to the City's release to Stage 1 of the subdivision plan for registration against title of Lot 175 and Part Lots 173, 174, 176 to 180 inclusive and 182 to 184 inclusive, and part of Road (Closed by By-law 429-A) Instrument No. B- 33291, Registered Plan No. 640, and part of Lots 11, 12 and 13, Biehn's Tract by adding the following clauses: a) "The Owner shall provide a further 1.39 hectare park dedication in addition to the 5% park dedication of registration of the future plans of subdivision. b) The Owner shall convey the lands required for Strasburg Road from the south limit of the floodline of Strasburg Creek, as dedicated as per Clause 58 with Stage 1, to the limit of Part 5, Plan 58R-5762. Said conveyance shall occur immediately upon both Draft Plan Approval of Subdivision Application 30%88006 and the implementing zoning by-law being approved, in unappealable form, for these lands." 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 88/28/H/ZJ (Hallman Aberdeen Limited) shall not be presented to City Council until Subdivision Application 30T-88007 has received Regional Draft Approval and the revisions to the Brigadoon Community Plan have been approved by the Region whereupon the Amending Zoning By-law shall be presented to City Council for all three readings. Alternatively, three readings of the Amending Zoning By-law may be given if the City Clerk is presented with a letter from the Regional Municipality of Waterloo advising that the Region has no objection to the passing of the Zoning By-law in the form shown in Staff Report PD 94/43." 3. BREMBEL STREET TOWNHOUSES The Committee was advised that the delegation would attend the next meeting of the Planning & Economic Development Committee. It was requested that this issue be listed first on the July 4th agenda. 4.ADJOURNMENT On motion, the meeting adjourned at 10:00 p.m. L.W. Neil, AMCT Assistant City Clerk