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HomeMy WebLinkAboutPlng & Econ Dev - 1995-02-27P E D\1995 -02 -27 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES FEBRUARY 27, 1995 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:55 p.m. under Councillor C. Weylie, Chair, with all members present. Officials present: Mr. T. McKay, Mr. T. Clancy, Mr. P. Wetherup, Mr. D. Mansell, Mr. J. Shivas, Mr. J. Willmer, Mr. T. McCabe, Ms. C. Ladd, Mr. J. Witmer, Mr. T. Boutilier, Ms. B. Newell, Mr. B. Page, Mr. K. Tribby and Ms. D.H. Gilchrist. 1. 1994 ANNUAL REPORT OF THE ECONOMIC DEVELOPMENT DIVISION It was agreed that consideration of the Economic Development Division 1994 Annual Report would be deferred to the Committee's meeting of March 20, 1995. PD 95/11 - KING STREET EAST/FAIRWAY ROAD - ZONE CHANGE APPLICATION 931241FIJG - GRAND RIVER RAILWAY - CHICOPEE WARD The Committee was in receipt of Planning and Development Staff Report PD 95/11 dated January 31, 1995 dealing with Zone Change Application ZC 94/24/F/JG - Grand River Railway proposing the rezoning of this property from Restricted Residential (R2A) and Light Industrial (LI) according to By-law 4830 to Service Commercial (C-6) with Special Use Provision 209 according to By-law 85-1. The purpose of the rezoning is to enable the property to be developed with a building containing office uses. It was pointed out that notice that the Committee would hold a public meeting this date to consider this application had previously been given. Mr. T. McCabe addressed the Committee giving a brief explanation of the application. He advised that there is no specific site development proposed at this time and that the zone change would not come into effect until the Region has approved the Municipal Plan. Councillor J. Ziegler advised that he may own property within the circulation area for this Zone Change. He declared a conflict of interest with this application, at this time and did not participate in any discussion or voting with respect to this Zone Change Application. Mr. J. Webb, Cumming Cockburn Ltd., was in attendance on behalf of the property owner. He advised the Committee that this land is part of an abandoned railway line. The owners have received conditional approval of a consent application for the lands, being conditional on final approval of the zone change. He stated that he was in support of the staff report. No other delegations responded to an invitation from the Chair to address the Committee on this matter. On motion by Councillor B. Vrbanovic, it was resolved: "That Zone Change Application 93/24/F/JG requesting a change in zoning on lands legally described as Part of Lots 9, 12, 14 and 15, Registered Plan 959, more particularly described as Parts 1 to 4 inclusive on Plan 58R-9429, from Restricted Residential (R2A) and Light Industrial (LI) according to By-law 4830 to Service Commercial (C-6) with special use provision 209 according to By-law 85-1, be approved in the form shown on the attached "Proposed By-law", dated January 3, 1995 subject to the following conditions: To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk, that all Regional requirements have been satisfied with respect to the proposed development. 2. PD 95/11 - KING STREET EAST/FAIRWAY ROAD PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES I=I=RI~I I/tl;'V ')7 'IQQ; - ZONE CHANGE APPLICATION 931241FIJG - GRAND RIVER RAILWAY - CHICOPEE WARD (CONT'D) The owner acknowledges that Condition 1 is required to be satisfied no later than seven (7) months from Council having approved the amending zoning by-law relative to the Zone Change Application 93/24/F/JG by resolution. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. It is the opinion of this Committee that the approval of this application is proper planning for the City." PD 94/121 - FORWELL ROAD - REVISION TO GRAND RIVER NORTH COMMUNITY PLAN - SUBDIVISION APPLICATION 30T-91005 - ZONE CHANGE APPLICATION 911321FICL - SANDRA SPRING PARK LTD. - STANLEY PARK WARD The Committee was in receipt of Planning and Development Staff Report PD 94/121 dated February 3, 1995 dealing with revisions to the Grand River North Community Plan, Subdivision Application 30T-91005 (Sandra Spring Park Ltd.) and Zone Change Application ZC 91/32/F/CL. It was noted in the report that the purpose of the Zone Change is to change the zoning on these lands from Township Agriculture (Twp. A) and Gravel Pit (Twp. GP) according to By-law 878A and General Industrial (M-2) with Special Regulation Provisions according to By-law 85-1 to Residential Three (R-3), Residential Three (R-3) with a Special Regulation Provision, Residential Four (R-4), Public Park (P-l), Open Space (P-2) and Hazard Land (P-3) according to By-law 85-1. Further the Committee was advised that this application complies with the Grand River North; Low Density Residential, Open Space and Park Designation subject to approval of minor revisions to the park size. The applicant intends to rezone the 19.33 hectare parcel of land to facilitate the development of a plan of subdivision generally consisting of 179 lots for single detached dwellings, one block for a private amenity pond, one neighbourhood park block, two open space blocks and one block for storm water management. Mr. T. McCabe addressed the Committee advising that this 20 hectare parcel is immediately to the north of the Hallman/Misty Court subdivision which was approved last year. Mr. J. Willmer addressed the Committee advising that this proposal was originally circulated in the fall of 1991 and a number of revisions were taking into consideration the concerns expressed. He advised that staff are in support of the plan. Mr. Willmer advised that there was a further public meeting in January of this year for a larger area which had been initiated by Councillor Jake Smola with a follow-up meeting last week. The concerns have been taken into consideration by staff and outlined in the staff report. The only remaining concerns are outlined in the letter, which had been circulated to the Committee members, from Ms. T. Botter, a resident of Misty Crescent. Referring to Ms. Botter's letter, Mr. Willmer advised that the concerns with respect to the ground water spring can be looked after in the standard subdividers agreement and that staff have some comfort from the agencies such as the Grand River Conservation Authority, EAC and the Ministry of the Environment which looked at this issue. Mr. T. Clancy addressed the Committee speaking in support of privatization of the pond. He advised that the control of the pond would be in the hands of the owners and this would maximize the use of the land in the subdivision. PD 94/121 - FORWELL ROAD - REVISION TO GRAND RIVER NORTH COMMUNITY PLAN - SUBDIVISION APPLICATION 30T-91005 - ZONE CHANGE APPLICATION 911321FICL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES I=I=RI~I I/tl~V ')7 'IQQ; - SANDRA SPRING PARK LTD. - STANLEY PARK WARD (CONT'D) Councillor Jake Smola advised that Ms. Botter had stated that, in her personal experience, she knew that the area is extremely wet. He suggested that perhaps Council should hold its approval and wait until the spring to see if the area falls into the definition of wetland in the legislation. Councillor T. Galloway noted that there are three public access points to the private pond and questioned whether there would be any liability concerns for the City. He questioned Mr. J. Shivas in this regard as it appeared to him that the City would be encouraging public access to the pond and he was concerned about liability issues. Mr. Shivas responded that not knowing the lay of the land, he did not believe that public access to the pond perse would cause the City any liability problems; however, if dangerous conditions existed there may possibly be a liability issue. Further, it is permissable to have public access to the pond. Councillor T. Galloway suggested that privatization of the pond does not limit the safety issue. Mr. J. Shivas responded that simply allowing access to the pond is not a liability issue, but he would have to look at the specific circumstances such as the lay of the land and whether there is something inheritantly dangerous. Councillor T. Galloway then questioned whether, by approving the plan, the City is encouraging residents to use this facility. He questioned whether the City should be allowing any access from a city street. Mr. D. Mansell responded that it is necessary to allow access to the pond for maintenance vehicles. Councillor T. Galloway advised that realized a service entrance would be necessary but felt that it should be secured from pedestrian access. Mr. D. Mansell pointed out that not all the land owners would have direct access to the pond from their properties; however, because they are shareholders in the pond they need to be provided access to the pond. Councillor Jake Smola questioned whether the City would provide guidelines for the maintenance of the pond if it was held in private ownership. Mr. J. Willmer responded that the owners would set their own standards and except for the usual property standards, this property would be treated the same as any other land which abuts the Grand River or its tributaries. Mr. G. Scheels, Cumming Cockburn Ltd., addressed the Committee on behalf of the property owner advising that he is in support of the recommendations in the staff report. He stated that the property is not large but it has unique attributes and he explained some of the natural features of the area. He advised that detailed studies have and will be conducted to address these matters and that the Grand River Conservation Authority has required detailed designs for the new pond and it will be necessary to go through the Grand River Conservation Authority permit process. Mr. Scheels advised the Committee that this is a 50 acre site, 12 acres of which will be devoted to a private pond, trails, and open space block and parkland. He advised that he has met with the neighbours and is able to address most of their concerns. With respect to the private pond, Mr. Scheels advised that in the mid 1980's the Community Plan was revised. Plans were formulated with a private pond design. He sited similar situations in the City of Waterloo of subdivisions with private ponds. He stated that the pond will be shaped quite differently to the existing configuration and that the primary areas of ground water seepage will be part of the pond. The pond will be redesigned to minimize the surface area in order to obtain cooler temperatures. At this time, he advised that there are no plans for fencing or gating; however, he will look at this possibility. He stressed the need for at least one access for maintenance vehicles and other residents in the subdivision to enter the site. The pond will be a corporation somewhat similar to a condominium corporation with fees being charged for maintenance. With respect to the concern about wetlands, Mr. Scheels advised that has been involved with this property for sometime but has no knowledge of any wetlands in the area; however, he advised the Committee that the owners will have to do a geo-technical study. He stated that it would PD 94/121 - FORWELL ROAD - REVISION TO GRAND RIVER NORTH COMMUNITY PLAN - SUBDIVISION APPLICATION 30T-91005 - ZONE CHANGE APPLICATION 911321FICL - SANDRA SPRING PARK LTD. - STANLEY PARK WARD (CONT'D) take a very major ground water source to change the subdivision plan and he saw no reason why the plan should be deferred. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES I=I=RI~I I/tl~V ')7 'IQQ; _ r~lA _ Councillor Jake Smola thanked Mr. Scheels for making himself available for public meetings. Councillor Smola questioned when the owners plan to develop the subdivision. Mr. Scheels responded that this subdivision is tied to two other subdivisions for service and access. He felt that it was possible that the subdivision could be under way in the latter half of 1996. Councillor Smola then questioned whether there would be a problem in deferring approval of this plan to May to come back to the Committee once the wetlands have been looked at. Mr. Scheels responded that it was not necessary to look at this in detail at this time and that the conditions of approval detail what has to be done in this regard. He did not see the need for a deferral. No other delegations responded to an invitation from the Chair to address the Committee on this matter. Councillor M. Yantzi put forward a motion to adopt the staff recommendations. Councillor T. Galloway questioned Mr. J. Shivas as to whether any special conditions should be included to which Mr. Shivas responded that perhaps a condition to provide indemnity to the City should there be a problem could be included. Mr. McCabe suggested that the recommendation could be amended so that as part of the finalization of the subdivision Mr. Shivas could enhance Clause 80 to look after any potential City liability there may be. On motion by Councillor T. Galloway, it was resolved: That an additional clause be added to the recommendations contained in Staff Report PD 94/121 so as to allow, as part of the finalization of the Subdivision Application 30T-91005 that the City Solicitor be permitted to enhance Clause 80 of the Subdivision Agreement to look after any potential liability to the City of Kitchener. The staff recommendations as amended by the previous were then voted on and, On motion by Councillor M. Yantzi, it was resolved: "That the "Grand River North Community Plan" be revised by deleting from Policy 3.5.4 the phrase "neighbourhood park of approximately 2 hectares (5 acres) in size" and substituting the phrase "neighbourhood park of approximately 1.4 hectares (3.5 acres) in size". That Zone Change Application 91/32/F/CL requesting a change in zoning from Township Agriculture (Twp. A) and Gravel Pit (Twp. GP) according to By-law 878A and General Industrial (M-2) with special regulation provisions according to By-law 85-1 to Residential Three (R-3), Residential Three (R-3) with a special regulation provision, Residential Four (R-4), Public Park (P-l), Open Space (P-2) and Hazard Land (P-3) according to By-law 85-1, on Part of Lots 121 and 123, German Tract Company, be approved in the form shown in the attached Proposed By-law dated February 2, 1995, subject to the Subdivision Conditions contained in C below. PD 94/121 - FORWELL ROAD - REVISION TO GRAND RIVER NORTH COMMUNITY PLAN - SUBDIVISION APPLICATION 30T-91005 - ZONE CHANGE APPLICATION 911321FICL - SANDRA SPRING PARK LTD. - STANLEY PARK WARD (CONT'D) That Subdivision Application 30T-91005 (Sandra Spring Park Limited) be recommended to the Regional Municipality of Waterloo for draft approval, subject to the following conditions: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES I=I=RI~I I/tl~V ')7 'IQQ; That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions be written therein: The Subdivider covenants and agrees: 51. That the final plans for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated February 2, 1995 providing that minor amendments to said plans, acceptable to the General Manager of Planning and Development and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. 52. That the Subdivision may be registered in four stages, with Stage 1 consisting of Lots 1 -123 inclusive and Blocks 124 - 140 inclusive; Stage 2 shall consist of Lots 1 - 42 inclusive and Blocks 43 - 47 inclusive, Stage 3 shall consist of Lots 1 - 14 inclusive and Block 15; and Stage 4 shall consist of Block 1 all as shown on the Plan of Subdivision attached hereto. 53. To submit a Lot Grading and Drainage Control Plan for the approval of the Commissioner of Public Works, in consultation with the City's Department of Parks and Recreation, the Regional Municipality of Waterloo, the Grand River Conservation Authority, and the Ministry of Natural Resources, with the same plan to be approved by those affected agencies prior to registration of each stage of the Subdivision Plan. 54. 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. 55. That the names of the streets within the entire Plan of Subdivision shall be as shown on the attached Plan of Subdivision. 56. 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 each stage of the subdivision plan: a) Stage 1: i) Block 132 for open space/trail link purposes; Block 134 for storm water management purposes; PD 94/121 - FORWELL ROAD - REVISION TO GRAND RIVER NORTH COMMUNITY PLAN - SUBDIVISION APPLICATION 30T-91005 - ZONE CHANGE APPLICATION 911321FICL - SANDRA SPRING PARK LTD. - STANLEY PARK WARD (CONT'D) iii) iv) v) Block 135 for hazard lands; Block 136 for open space and storm water management purposes; Blocks 138, 139 and 140 for 0.3 metre reserves; b) Stage 2: i) Block 47 for a 0.3 metre reserve; PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES I=I=RI~I I/tl~V ')7 'IQQ; c) Stage 3: i) Block 15 for open space/trail link purposes. 57. That the 5% parkland dedication required for the entire plan of subdivision, shall be satisfied by the conveyance of Block 132 (Stage 1) and Block 43 (Stage 2) to the City, at no cost and free of encumbrance, concurrently with the appropriate stage of plan registration. 58. To dedicate, by plan registration, to the City of Kitchener the following lands for the purposes stated therein: a) Blocks 45 and 46 (Stage 2) for public walkway purposes; b) Block 137 (Stage 1) and Block 44 (Stage 2) for public walkway/storm drainage purposes; 59. To construct at its cost and to the satisfaction of the Commissioner of Public Works, a dual purpose walkway/emergency vehicular access within Block 45 (Stage 2) as part of the development of Stage 2 of this Plan. This design shall include a knockdown barrier to prevent through traffic between Dunnigan Drive and the extension of Tuxedo Court. It is the City's intention to recommend as a condition of Subdivision approval of the adjacent lands, to require the extension of the public walkway/emergency access to the extension of Tuxedo Court. 60. To construct at its cost and to the a public walkway also designed Block 137 (Stage 1 ) as part of the satisfaction of the Commissioner of Public Works, to accommodate major overland storm flows, on servicing of Stage 1 of this Plan. 61. To construct at its cost and to the satisfaction of the Commissioner of Public Works, a public walkway also designed to accommodate major overland storm flows, on Block 44 (Stage 2) as part of the servicing of Stage 2 of this Plan. 62. To fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod Block 43 (Stage 2) and Block 132 (Stage 1), where required by and to the satisfaction of the Department of Parks and Recreation, but not where treed or natural areas are to be maintained. Grading plans and implementation within Block 43 (Stage 2) and Blocks 132, 134 and 135 (Stage 1) shall include making grading allowance for 3.0 metre wide flat areas for future trail link purposes. All works required of the Subdivider by this Section shall be completed to the satisfaction of the General Manager of Parks and Recreation 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 any alternate time approved in writing by the General Manager of Parks and Recreation. PD 94/121 - FORWELL ROAD - REVISION TO GRAND RIVER NORTH COMMUNITY PLAN - SUBDIVISION APPLICATION 30T-91005 - ZONE CHANGE APPLICATION 911321FICL - SANDRA SPRING PARK LTD. - STANLEY PARK WARD (CONT'D) 63. The Subdivider agrees to install a minimum 1.2 metre high paige wire fence or alternate marking system along the residential lot lines which abut Block 43 (Stage 2) and Blocks 132, 134 and 135 (Stage 1) or the Kolb Greenway at such time as 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. 64. To construct 1.5 metre concrete sidewalks along both sides of Dunnigan Drive and PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES I=I=RI~I I/tl~V ')7 'IQQ; Otterbein Road; the westerly side of Monteverde Place from Otterbein Road to Block 44 (Stage 2); the southerly side of Tuxedo Court from Dunnigan Drive to the limit of the plan, the northerly side of Quarry Park Place from Otterbein Road to Block 133 (Stage 1), and the southerly side of Knollwood Court from Dunnigan Drive to Block 15 (Stage 3). 65. That construction traffic to and from the proposed subdivision shall use the most direct route to and from a designated truck route. 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. 66. That in consideration of the wooded character of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, the Subdivider agrees to comply with the following process in the development of the subdivision in accordance with the City's approved Tree Management Policy: a) prior to the City releasing each stage of the subdivision plan for registration, the Subdivider shall submit the Detailed Vegetation Plan, for the approval of the Department of Planning and Development. b) that no area/rough grading shall occur on the lands until such time as all approved measures for protection of isolated trees, tree clusters and woodlands affected by such grading have been satisfactorily implemented, the City has inspected these measures and the Subdivider has received a written authorization from the City's Department of Public Works to proceed with said grading. c) to implement and be responsible for providing all information contained in the approved Detailed Vegetation Plan, Tree Preservation/Enhancement Plan (if applicable), to all of its heirs, executors, administrators, successors and assigns in order to ensure that the requirements outlined in said plan(s) are carried out as specified. d) a Tree Preservation/Enhancement Plan shall be required for those lots or blocks, prior to applying for or having issued any building permits, which are subject to site plan approval under Section 41 of The Planning Act, corner lots (where site service locations and building type have not been predetermined), interior lots greater than 13.7 m of street frontage, proposed building/structure that is located deeper on the lot than that PD 94/121 - FORWELL ROAD - REVISION TO GRAND RIVER NORTH COMMUNITY PLAN - SUBDIVISION APPLICATION 30T-91005 - ZONE CHANGE APPLICATION 911321FICL - SANDRA SPRING PARK LTD. - STANLEY PARK WARD (CONT'D) approved on the Detailed Vegetation Plan and/or the revised grading which will have an adverse effect on tree saving shown on the Detailed Vegetation Plan. e) In the event of construction causing minor tree damage, remedial measures such as trimming, dressing, or bark doctoring shall be implemented at the Subdividers cost and as directed by the Consultant who prepared the approved plan. In cases where major irreparable tree damage is done, liability is questionable, or the tree is judged to be unsafe in the opinion of the Subdivider's Environmental Consultant and/or the City, each such tree shall be removed and replaced with at least one tree of equal value based on the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES I=I=RI~I I/tl~V ')7 'IQQ; tree value formula as set out in "Guide for Plant Appraisal" International Society of Arboriculture, Latest Edition. Tree replacements are to be located on the same lot or block as the tree requiring removal or to a location within the subdivision requiring enhancement. Furthermore, such remedial measures or tree replacements shall be approved by the Department of Planning and Development and shall be satisfactorily implemented prior to occupancy of the unit or due to weather conditions by the next planting season. 67. To obtain from the Grand River Conservation Authority a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 154/86, as required for storm sewer outfalls or other alterations within the floodplain of the Kolb Drain. 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. 68. That Stages 2, 3 and 4 of this Plan may be registered concurrently with or subsequent to Stage 1 and that no stage of this Plan shall be released by the City for registration until Subdivision Plan 30T-89021 (Hallman-ldlewood Limited) and Stage 1 of Subdivision Plan 30T-89003 (Forwell Limited) have been registered and the following streets have been constructed and are open to public vehicular traffic: a) Otterbein Road in Plan 30T-89003 to the easterly limit of this plan; b) Keewatin Avenue in Plan 30T-89021 from Lackner Boulevard to Dunnigan Drive; c) Dunnigan Drive in Plan 30T-89021 from Keewatin Avenue to the southerly limit of this plan. In the event that Stage 2 is registered concurrently with Stage 1, Blocks 139 and 140 will not be required for 0.3 metre reserves. 69. As part of the servicing of Tuxedo Court, to construct a temporary turning circle to City Standards on Lots 39 and 40 (Stage 1) as shown on the attached subdivision plan, until such time as Tuxedo Court is extended through the adjacent lands to the west 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 39 or 40 until such time as the temporary turning circle has been removed or determined by the City's Department of Public Works not to be required. PD 94/121 - FORWELL ROAD - REVISION TO GRAND RIVER NORTH COMMUNITY PLAN - SUBDIVISION APPLICATION 30T-91005 - ZONE CHANGE APPLICATION 911321FICL - SANDRA SPRING PARK LTD. - STANLEY PARK WARD (CONT'D) 70. As part of the servicing of Dunnigan Drive, to construct a temporary turning circle to City Standards on Lots 12 and 13 and Block 46 (Stage 2) as shown on the attached subdivision plan, until such time as Dunnigan Drive is extended through the adjacent lands to the northwest 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 12 or 13 until such time as the temporary turning circle has been removed or determined by the City's Department of Public Works not to be required. 71. That Blocks 124, 125 and 126 (Stage 1) 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 Blocks 124, 125 or 126 (Stage 1) until the title has been consolidated with the respective lots/blocks in such adjacent plan. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES I=I=RI~I I/tl~V ')7 'IQQ; 72. That Blocks 127 to 130 inclusive (Stage 1) shall only be used as lot consolidations with adjoining lots/blocks in Draft Plan of Subdivision 30T-89021 (Hallman-ldlewood Limited). No building permits shall be issued for Blocks 127 to 130 inclusive (Stage 1) until the title has been consolidated with the respective lots/blocks in such adjacent plan. 73. That Block 131 (Stage 1) shall only be used as a lot consolidation with the adjacent lot to be created within adjoining lands in Draft Plan of Subdivision 30%94026 (Y & Y Resources Ltd.). No building permits shall be issued for Block 131 (Stage 1) until title has been consolidated with respective adjacent lands. 74. That Block 1 (Stage 4) shall only be developed in conjunction with the development of adjacent lands in Draft Plan of Subdivision 30%94026 (Y & Y Resources Ltd.). 75. That, due to the lower elevation in the area, each dwelling unit will have to accept higher than normal water pressure. The Subdivider shall install water pressure reducing devices in each unit to the satisfaction of the City's Commissioner of Public Works. 76. 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 Stage 1 of the Subdivision Plan. 77. To make arrangements for the provision of temporary easement in favour of Kitchener-Wilmot Hydro for a temporary pole line across the adjoining property from the northerly limit of Dunnigan Drive to Lackner Boulevard, until such time as Dunnigan Drive is extended to Lackner Boulevard. All costs incurred by the Commission through provision and eventual removal of the pole line will be borne by the Subdivider. 78. The City agrees that the City Solicitor shall arrange for the passing of a By-law opening the 0.3 metre reserve blocks at the westerly terminus of Otterbein Road in Subdivision Plan 30T-89003 (Forwell Limited) and at the northwesterly terminus of Dunnigan Drive in Subdivision Plan 30T-89021 (Hallman-ldlewood Limited) as "Public Highway" at a timing approved by the Commissioner of Public Works. PD 94/121 - FORWELL ROAD - REVISION TO GRAND RIVER NORTH COMMUNITY PLAN - SUBDIVISION APPLICATION 30T-91005 - ZONE CHANGE APPLICATION 911321FICL - SANDRA SPRING PARK LTD. - STANLEY PARK WARD (CONT'D) 79. To make satisfactory financial arrangements with the Commissioner of Public Works, prior to the registration of Stage 1 of the Subdivision Plan, for the installation of a concrete outlet pipe from Block 133 to the receiving stream. 80. That the City shall be in no way responsible for the maintenance of Block 133 or for the administration of its ownership by a corporation of adjacent property owners. That the implementing Zoning By-law for Zone Change Application 91/32/F (Sandra Spring Park Limited) not be presented to City Council until Subdivision Application 30T-91005 has received Regional Draft Plan Approval 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. E. That an exemption to Council's Emergency Access Policy be granted in order to PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES I=I=RI~I I/tl~'V ')7 'IQQ; allow Knollwood Court to be constructed to a length of approximately 170 metres without an emergency access, instead of the maximum 150 metres set out in the policy. That an exemption to Council's Road Allowance Width and Sidewalk Location Policy be granted in order to allow a 16 metre road allowance and sidewalk on one side for Tuxedo Court, a single access street which may ultimately have more than 30 units, rather than an 18 metre width with sidewalks on both sides. That, as part of the finalization of the Subdivision Application 30T-91005, the City Solicitor be permitted to enhance Clause 80 of the Subdivision Agreement, if deemed necessary, to look after any potential liability to the City of Kitchener. It is the opinion of this Committee that the approval of this application is proper planning for the City." 4. PD 95/19 - BY-LAW 94-184 (HIGHWAY COMMERCIAL (C-8) ZONE) The Committee was in receipt of Planning and Development Staff Report PD 95/19 recommending Council's support for early effect relative to the appeal to By-law 94-181 with respect to the Highway Commercial (C-8) Zone. Mr. McCabe addressed the Committee advising that this zoning affects property on Highway 8 on the lands between the Price Club and the strip plaza. He asked for Council's support in this regard. Mr. B. Clarkson addressed the Committee advising that he represents the owners of the vacant land in this area and that the appeal is delaying sales and his clients ability to submit a Site Plan Application. He stressed that the appeal does not affect the zoning of his clients lands. Further, that the recommendation put forward by staff does not take away the rights of the appellant. Further he advised that his clients solicitor would be prepared to offer any assistance to the City's Legal Department if required. 4. PD 95/19 - BY-LAW 94-184 (HIGHWAY COMMERCIAL (C-8) ZONE) (CONT'D) On motion by Councillor B. Vrbanovic, it was resolved: That Council advise the Ontario Municipal Board of its support for the granting of early effect to By-law 94-184 as follows: "Whereas the Council of the City of Kitchener passed By-law 94-184 on October 11, 1994; And whereas it is the position of the City of Kitchener that the appeal received to By-law 94- 184 is site specific in nature and applies specifically to 4406 King Street East, described as Part of Lot 8, Beasley's Broken Front Concession; And whereas Council believes it is important to expedite the approval of By-law 94-184 for the benefit of all the lands which are not subject to appeal; Now therefore the Council of the City of Kitchener requests that the Ontario Municipal Board approve the portions of By-law 94-184 not subject to appeals, under its authority granted by Section 34 (31) of the Planning Act as amended by Bill 40, the "Community Economics Development Act". 5. 1994 ANNUAL REPORT OF THE PLANNING AND DEVELOPMENT DEPARTMENT Mr. T. McCabe addressed the Committee advising that 1994 had been a very successful year for PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES I=I=RI~I I/tl;'V ')7 'IQQ; _ R"~ _ the Department, a year in which they had been able to accomplish a Municipal Plan, Stage 7 of By-law 85-1. He then referred to the activity chart and noted that all areas but two increased in 1994 compared to 1993. Among the 1994 major initiatives of the Department, Mr. McCabe noted that it was important to list team work and cross training as accomplishments of the Department and not individual divisions. He further advised that there is an absence of a departmental strategic plan as the last one has been completed and that it is a major goal of the Department to complete a new Strategic Plan for 1996 to the year 2000. In addition, in 1996 there will be a full review of the Public Notification Process and Ms. C. Ladd will continue to be involved in the mediation process as well. Councillor C. Weylie commended Mr. McCabe and his staff for a job well done advising that she did not realize the extent of the different areas of responsibility within the Department. On motion by Councillor T. Galloway, it was resolved: "That we accept the Department of Planning and Development 1994 Annual Report." REPORT OF THE DOWNTOWN ACTION COMMITTEE The Committee was in receipt of a memorandum from Mr. T. Brock Stanley, outlining the recommendations of the Downtown Action Committee from their meeting of January 12, 1995 with respect to the appointment of Chairman and Vice-Chairman. On motion by Mayor R. Christy, it was resolved: "That Councillor M. Yantzi be appointed Chairman of the Kitchener Downtown Action Committee for a term to expire November 30, 1995." - and - REPORT OF THE DOWNTOWN ACTION COMMITTEE (CONT'D) "That Councillor K. Redman be appointed Vice-Chairman of the Kitchener Downtown Action Committee for a term to expire November 30, 1995." 7. REPORT OF ADAPTIVE RE-USE OF INDUSTRIAL BUILDINGS SUB-COMMITTEE The Committee was in receipt of a report from Ms. G. Redgwell, concerning the recommendations adopted by the Adaptive Re-Use Committee at its meeting of January 18, 1995, concerning the appointment of Chairman and Vice-Chairman. On motion by Councillor T. Galloway, it was resolved: "That Councillor M. Wagner be appointed Chairman of the Adaptive Re-Use of Industrial Buildings Sub-Committee for a term to expire November 30, 1995." - and - "That Councillor K. Redman be appointed Vice-Chairman of the Adaptive Re-Use of Industrial Buildings Sub-Committee for a term to expire November 30, 1995." 8. PD 95/15 - STATUS REPORT ON PHASE I OF URBAN DESIGN COMPREHENSIVE STUDY Mr. T. McCabe advised that this report is before the Committee for information purposes only. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES I=I=RI~I IAI~V ')7 'IQQ; _ RA _ Mr. B. Page addressed the Committee advising that Phase I of the Comprehensive Urban Design Study is now completed and staff are working on the next phase. He outlined the members of staff and other appointed members who participated in the visioning exercise. Councillor M. Wagner questioned what ability the City has to enact some of the recommendations being put forward. He questioned what the City can do to obtain control of Urban Design and if there was anything the City can do; otherwise what was the purpose of the exercise. Mr. T. Boutilier responded that this exercise is defining policies in the Municipal Plan which is a wide ranging subject with a wide range of options. He stated that staff are obliged to use the Municipal Plan to assess poor/good development and that there needs to be away to make this assessment. Councillor M. Wagner then questioned whether the City has any power beyond policy and encouragement to enforce the guidelines. Mr. T. McCabe responded that legally, yes the City does have the power if the guidelines comply with the zoning by-law. Staff are looking for guidelines to change attitudes; however, there are many design elements included in the zoning by-law. Councillor M. Yantzi advised that he thought that this was an opposite course to cutting red tape to which Mr. Page responded that developers want to know up front what the City wants and that these guidelines will better define these policies. Councillor M. Wagner advised that he was of the understanding that the City of Toronto has had to pass legislation in this regard and requested staff to investigate this. Mayor R. Christy thanked staff for the report. He suggested that Council and staff have to discuss with the industry what they want in terms of lights and signage along King Street. He suggested that the City has not taken enough time to consider the image of its main street. He then discussed the importance of laneways, which can be an important component of the retail PD 95/15 - STATUS REPORT ON PHASE I OF URBAN DESIGN COMPREHENSIVE STUDY (CONT'D) core. He stated that urban shoppers want something unique and interesting and that the City needs to encourage the community to think differently of its core. He suggested that the Comprehensive Urban Design is on the right track. On motion by Councillor M. Wagner, it was resolved: "That we receive the Department of Planning and Development Staff Report PD 95/15 - Status Report - Phase I - Comprehensive Urban Design Study for information." PD 95/17 - FORWELL SUBDIVISION /OMB APPROVAL - GRAND RIVER NORTH - STANLEY PARK WARD It was noted that, as requested by City Council at its meeting of February 6, 1995, this report provides a brief review of the issues and resulting process and resolutions related to the Forwell Subdivision in the Grand River North Community. Councillor T. Galloway expressed a concern that by appealing to the Ontario Municipal Board, he felt that the neighbourhood had been able to obtain a better deal with respect to environmental issues. It was his hope that neighbourhoods would not feel it necessary to go door to door to collect money to hire consultants in order to appeal Council approvals to get a better deal. In this instance the neighbours were able to obtain another 2 1/2 acres of woodland through the appeal process. He offered his thanks to residents for their efforts in this regard. Mr. T. McCabe addressed the Committee advising that this has been nothing but a success stow and that the residents had nothing to do with this. The change came about as a result of changing economic times plus efforts on the part of the Department of Planning and Development and the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES I=I=RI~I I/tl;'V ')7 'IQQ; _ R~ _ Department of Parks and Recreation staff. Further it was because of Council's support of the mediation process that staff were able to get more treed land. Councillor Jake Smola thanked Mr. Forwell for coming up with this revised plan and also thanked Planning staff for their efforts in this regard. 10. DOWNTOWN FACADE AND PROPERTY STANDARDS Mr. T. McCabe advised that his staff wish to give a brief review of the Downtown Facade and Property Standards as this matter had been presented to the Finance and Administration Committee. Mr. J. Witmer advised that staff are dealing with the downtown in a pro-active way by going straight to the notice stage and then the order which he felt should increase the response. Further he advised that Mr. Wayne Pearce would be dealing with these properties. He also advised of the cross training involved with the inspectors advising that some are to attend a Property Standards course in June which will be the first of a three year training program. Mr. Ken Tribby addressed the Committee advising of the number of violations in the downtown over the last year, how many have been closed and the action being taken on the remainder. He advised that staff will get involved in more serious issues as it relates to the appearance of the downtown. At this time, Mr. J. Witmer reviewed the situation with respect to the four fires which recently had taken place in the downtown. 11. ADJOURNMENT On motion, the meeting adjourned at 5:45 p.m. D.H. Gilchrist Committee Secretary