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HomeMy WebLinkAboutPlng & Econ Dev - 1995-01-30PED\1995-01-30 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES IAI~II IAI~V '~/I '100~ The Planning and Economic Development Committee met this date commencing at 3:05 p.m. under Councillor C. Weylie, Chair, with the following members present: Mayor R. Christy and Councillors Jake Smola, M. Wagner, J. Ziegler, M. Yantzi, T. Galloway, K. Redman and John Smola. Councillors B. Vrbanovic and G. Lorentz entered the meeting after its commencement. Officials present: Mr. T. McKay, Mr. T. McCabe, Ms. V. Gibaut, Mr. G. Borovilos, Mr. B. Stanley, Mr. J. Witmer, Mr. J. Willmer, Ms. C. Ladd, Mr. V. Labreche, Mr. D. Mansell, Mr. T. Boutilier, Mr. P. Wetherup, Mr. L. Masseo and Mr. L.W. Neil. 1. MEMO - BUSINESS OUTLOOK 1995 The Committee was in receipt of a report dated January 23, 1995 from Ms. V. Gibaut dealing with the business outlook for the year 1995. It was pointed out in the report that Wilfrid Laurier University School of Business and Economics conducts annual surveys of Canada's Technology Triangle (CTT) to assess current and future business confidence within the CTT. The survey determines attitudes and expectations about employment, investment timing, financial performance and factors impeding performance. Ms. Gibaut's memorandum provides an overview of the results of the study in which it is concluded that the outlook for CTT is bright. Councillor M. Yantzi commented that while the results were encouraging they were not equally positive for all areas within the region and as an example referred to Kitchener's downtown. PD 95/8 - APPEALS TO BY-LAW 94-183 - (STAGE 7 OF THE COMPREHENSIVE ZONING BY-LAW) The Committee was in receipt of Planning and Development Staff Report PD 95/8 dated January 18, 1995 dealing with appeals to By-law 94-183 (Stage 7 of the Comprehensive Zoning By-law). The by-law was approved on October 11, 1994 and four appeals have been received and because of these the by-law typically would not come into force and effect until such time as these appeals are dealt with by the Ontario Municipal Board. However, recent amendments to the Planning Act introduced provisions to allow partial approval of Zoning By-laws. The report reviews the status of the appellants as of this date and the Department urges presentation of a motion to the Ontario Municipal Board to expedite the Appeal Approval Process. Mr. T. McCabe strongly encouraged the Committee to pass the resolution contained in the staff report pointing out that the objections to the by-law were all site specific. No delegations were registered respecting this matter. On motion by Councillor M. Wagner, it was resolved: That Council advise the Ontario Municipal Board of its support for the following: "Whereas the Council of the City of Kitchener passed By-law 94-183 on October 11, 1994; And whereas it is the position of the City of Kitchener that the four appeals received to By- law 94-183 are site specific in nature and apply specifically to 1054 Hidden Valley Road, described as Lot 4, Registrar's Compiled Plan 1519, and 908 Highland Road West, described as Parts 1,2, 3 and 4, Plan 58R-7814; And whereas Council believes it is important to expedite the approval of By-law 94-183 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 94-183 not subject to appeal, under its authority granted by Section 34 (31) of the Planning Act as amended by Bill 40, the "Community Economic Development Act." 3. PD 94/113 - AMENDING OF TREE MANAGEMENT POLICIES TO MONITOR THE PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 30, 1995 -11 - CITY OF KITCHENER NECESSITY FOR FINANCIAL SECURITIES The Committee was in receipt of Planning and Development Staff Report PD 94/113 dated January 13, 1995 dealing with an amendment to Policy 2.8 of the City's Tree Management Policies with respect to monitoring the necessity for securities. It was noted in the report that on September 26, 1994 Council approved Tree Management Policies and directed that the amount of securities for lot grading and tree management and the issue of Iotless blocks within a plan of subdivision be referred to the C.I.P. Committee dealing with subdivision approvals. In its review the C.I.P. Committee accepted the request of the K-W Home Builders to monitor the effectiveness of the Tree Management Policy without the necessity of requiring securities. Mr. Craig Robson appeared as a delegation on behalf of the K-W Home Builders to advise of their support for the recommendation in the staff report. He requested that if problems of administration should arise in respect to the policy that staff contact the Municipal Liaison Committee of the K-W Home Builders. Further, he noted that some builders were not members of the association and recommended that this issue be brought to their attention. As well he suggested that staff may wish to attend the association's monthly meeting. No other delegations were registered respecting this matter. On motion by Councillor M. Yantzi, it was resolved: "That Council of The Corporation of The City of Kitchener amend the City of Kitchener's Tree Management Policy Recommendations, specifically recommendation 2.8 by substituting the following: 2.8 That the Department of Planning and Development monitor the effectiveness of the approved Tree Management Policy. The monitoring is to review the necessity of securities for Lot Grading and Tree Management. The period of monitoring is to be for two years and subsequently submit a report to Council on the findings of the monitoring with a recommendation on whether or not financial securities are truly required." PD 94/123 - REVIEW OF SECTION 41 DEVELOPMENT AGREEMENT PROVISIONS FOR MAINTAINING LANDSCAPE PLANS The Committee was in receipt of Planning and Development Staff Report PD 94/123 dated January 18, 1995 dealing with a review of the Section 41 Development Agreement Provisions for Maintaining Landscape Plans. It was noted that on July 11, 1994, City Council passed a resolution from the Environmental Committee requesting a review of provisions for the purpose of incorporating revisions requiring property owners to maintain landscape plans approved for development projects. Mr. B. Stanley advised that he had nothing further to add to the report other than to point out that essentially it deals with evaluation of the effectiveness of Section 41 Development Agreements. It was pointed out in the report that the City has implemented a number of planning and legal strategies to ensure that landscaped areas, required through conditions of development, are maintained. The report outlines current activities in this regard and covers: site plan agreements, residential subdivision agreements, monitoring and enforcement of landscape requirements, other legal methods - restrictive covenants, and future directions. No delegations were registered respecting this matter. PD 94/123 - REVIEW OF SECTION 41 DEVELOPMENT AGREEMENT PROVISIONS FOR MAINTAINING LANDSCAPE PLANS (CONT'D) On motion by Councillor T. Galloway, PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 30, 1995 -12- CITY OF KITCHENER it was resolved: a) "That the City of Kitchener continue with its present practise of long term enforcement of Site Plan Agreements by not releasing maintenance clauses contained within the Development Agreements. b) That, with regard to site specific problems of non-compliance, the City of Kitchener continue with its present practise of using the Property Standards By-law to enforce compliance with Development Agreements. c) That the question of using the new tree protection provisions of Bill 163, scheduled to come into effect on March 1, 1995, be referred to the Environmental Committee. d) That staff develop information brochures to assist homeowners and businesses in the proper management of treed areas and vegetation communities in residential and industrial subdivisions. e) That the question of using the new site alteration provisions of Bill 163, scheduled to come into effect on March 1, 1995, be referred to the Environmental Committee." STATUS - 1701 GLASGOW STREET - UPDATE ON OUTSTANDING CONDITIONS RE ZCA 931221GILM -AUTOCRAFT FOREIGN CARS INC. (H. MAGID) - WEST WARD Mr. T. McCabe advised that at the Committee's January 16th meeting an extension of time to January 30, 1995 was granted to Mr. Howard Magid to complete construction of a solid wood fence required by Condition #6 of Zone Change Application # 93/22/G/LM (Autocraft Foreign Cars Inc.) on lands known municipally as 1701 Glasgow Street. He advised that the fence is substantially complete and pictures in this regard taken this date were circulated to the Committee. Mr. L. Masseo advised the Committee that two weeks ago the fence was approximately 50% complete and that now the entire frontage was complete and most of the side yards were complete. In response to a question, Mr. L. Masseo advised that sufficient parking spaces were in place and designated but that Mr. Magid hasn't completely finalized the other conditions regarding fire and building but that the respective officials are satisfied with the applicants commitment. Councillor J. Ziegler questioned what staff require respecting the process at this point. Mr. T. McCabe advised that the situation related to the timing of Municipal Plan Modifications and a final report on all of the Modifications is coming to the Committee on February 13th and that this was the last date possible for the conditions of Mr. Magid's Zone Change to be totally satisfied. Mr. H. Magid was in attendance at the meeting this date. On motion by Councillor J. Ziegler, it was resolved: "That a further extension of time from January 30, 1995 to February 13, 1995 be granted so as to allow Mr. Howard Magid additional time to complete the construction of a solid wood fence required by Condition #6 of Zone Change Application #93/22/G/LM (Autocraft Foreign Cars Inc.) originally approved by City Council on October 24, 1994." COMMUNITY MEDIATION SERVICES 1994 ANNUAL REPORT TO THE CITY OF KITCHENER The Committee was in receipt of Community Mediation Services (CMS) 1994 Annual Report to the City of Kitchener which briefly outlines the contractual arrangement with the City and breaks down the services provided to the City into three categories. Statistics relative to services and outcome of same were provided in the report. Mr. T. McCabe commented on the financial support to CMS and noted that it was provided for in PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 30, 1995 -13- CITY OF KITCHENER the budget of the Planning and Development Department. He reviewed the outcome of the case load dealt with in the report and advised that staff fully support continuation of the program. PD 94/129 - RESOLUTION TO PROVINCE - REGULATIONS AND GUIDELINES RELATING TO BILL 163 Mr. T. McCabe distributed Staff Report PD 94/129 dated January 30, 1995. The report requests Committee and Council adoption of a resolution dealing with concerns pertaining to the draft regulations and guidelines of Bill 163. Mr. McCabe advised that the Planning Act reforms are scheduled to come into effect on March 1, 1995 and that in this regard he had attended a meeting on January 27th of the Ontario Association of Chief Planning Officials which has expressed extensive and substantial concern with respect to the regulations and guidelines. In this regard sufficient planning and consultation has not been allocated by the province to local municipalities to provide input into the regulations and guidelines and allow for adequate time to establish necessary procedures at the municipal level. He pointed out that the Association of Municipalities of Ontario has been extensively involved in the discussions and it was now being suggested that only those regulations absolutely necessary for the immediate implementation of Bill 163 should be set in place on Proclamation Day while all other regulations should be delayed so that municipal officials may work with provincial staff to improve their content. On motion by Mayor R. Christy, it was resolved: "Whereas the Province formed the Implementation Advisory Task Force (IATF) in June, 1994 to review the development of implementation guidelines and the regulations which accompany Bill 163; and Whereas as part of the Proclamation Schedule for Bill 163, planning reform, the Province intends to release the regulations and guidelines on March 1, 1995; and Whereas, after reviewing the near final package of the implementation guidelines and regulations, the AMO representatives to the Task Force and several Planning Commissioners/General Managers of the Ontario Association of Chief Planning Officials (OACPO) have identified significant problems and flaws, and believe that the guidelines and regulations in their current form do not sufficiently address municipal concerns and needs; and Whereas because of the above concerns, AMO and OACPO representatives have recommended that because of their poor quality, the regulations and guidelines should not be released on March 1, 1995 and that there should be additional time to carefully consider the package as a whole; and Whereas because of these concerns, the City of Kitchener requests that, if the Province is not prepared to delay their release, the guidelines and regulations be considered to be draft only, to enable the IATF to receive further input and recommendations from municipalities and other users and amend the guidelines and regulations; and PD 94/129 - RESOLUTION TO PROVINCE - REGULATIONS AND GUIDELINES RELATING TO BILL 163 (CONT'D) Whereas, the City of Kitchener recommends that, with the exception of those regulations that are absolutely necessary for the implementation of the new Act, such as the notice requirements for public meetings, all other regulations be released at a later date and that local municipal staff work directly with provincial staff towards substantially improving their content. THEREFORE BE IT RESOLVED that the Corporation of the City of Kitchener endorses the position of the AMO representatives on the Implementation Advisory Task Force on PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 30, 1995 -14- CITY OF KITCHENER Planning Reform as outlined in their letter of January Provincial Facilitator, and requests that the Province concerns." Councillor B. Vrbanovic entered the meeting at this point. 18, 1995 to Mr. Dale Martin, respond immediately to these PD 94/76 - OLD COUNTRY DRIVE - ZONE CHANGE APPLICATION 93/9/0/VL - SUBDIVISION APPLICATION 30T-93011 - DUNSINNAN DEVELOPMENT INC. - FAIRVIEW WARD The Committee was advised that the Department of Planning and Development was in receipt of applications for Zone Change and Subdivision from Dunsinnan Development Inc., respecting lands on Old Country Drive. The subject lands are located on the east of Old Country Drive immediately south of the existing neighbourhood commercial plaza and located immediately north of the Balzer Greenway. The proposed Zoning Change is from Neighbourhood Shopping Centre (C-2) under By-law 85-1 to Residential Four Zone (R-4) and Open Space Zone (P-2) according to By-law 85-1. In this regard the Committee considered Staff Report PD 94/76 dated December 28, 1994 and the proposed by-law dated August 8, 1994 attached to the report. It was noted in the report that the applicant proposes to re-zone and subdivide this 0.75 hectare (1.86 acre) parcel of land to allow for the development of 14 small lot, single detached dwellings and one block for storm water management purposes. It was also noted in the report that the subject lands were part of the overall development plan for the existing neighbourhood commercial plaza at the southeast corner of Country Hill Drive and Old Country Drive and that the lands formed phase 2 of the development which was never pursued and has remained vacant. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. T. McCabe advised that he had nothing further to add to the report other than to explain that the lands did form the balance of the previous centrum planning concept for the neighbourhood. Further he stated that it was his understanding the applicant will be requesting deletion of a condition requiring a sidewalk on one side of the street and that staff oppose the request because the sidewalk leads to a school. Mr. V. Labreche briefly reviewed the proposed zoning and subdivision and advised that the applicant has requested a change to Condition 58 relative to the requirement for a solid wood fence and that staff consent to the requested change. Accordingly, it has been agreed that the requirement to provide a wooden fence abutting the storm water management block be changed to a chain link fence. Mr. Labreche then referred to Condition 54 requiring a sidewalk installation in accordance with Council policy in situations where a sidewalk leads to a school site and advised the applicant would be making a request to delete the sidewalk. PD 94/76 - OLD COUNTRY DRIVE - ZONE CHANGE APPLICATION 93/9/0/VL - SUBDIVISION APPLICATION 30T-93011 - DUNSINNAN DEVELOPMENT INC. - FAIRVlEW WARD (CONT'D) Councillor T. Galloway pointed out that the court did not have a turning bulb at the end and questioned what the turning radius of vehicles would be. Mr. D. Mansell advised that cars could turn around in a couple of turning movements and pointed out that such design has been used very sparingly in the past. Councillor G. Lorentz entered the meeting at this point. Mr. Richard Hardie appeared as a delegation on behalf of the applicant to comment on the request PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 30, 1995 -15- CITY OF KITCHENER for deletion of the sidewalk requirement. He noted that Iow cost homes were planned for the site and the developer was making every effort to control costs and in this regard deletion of the sidewalk would assist in meeting the objective. He pointed out that there was a trail link immediately adjacent to the site which also provides access though he recognizes it is not a year round access. Further, Mr. Hardie stated that the school site has frontage on Country Hill Drive and there were also several means to reach the school. He stated that it was his understanding that school board officials are not opposed to removal of the condition for the sidewalk. In closing he commented that since the project was only an infill type of 14 houses, deletion of the sidewalk on such a street with housing on only one side would not cause a safety problem. Councillor M. Yantzi questioned if it was not preferable to have a sidewalk. In response, Mr. Hardie advised that Old Country Place located only a short distance away, was a much longer court and did not have a sidewalk. Further deletion of the sidewalk would allow for additional front yard on these smaller lots. Councillor J. Ziegler stated that he supported deletion of the sidewalk requirement given that the sidewalk would terminate at the end of the court as it lead only to the field of the school property behind the court. Councillor T. Galloway questioned what the school board would do if a sidewalk was not required and was advised that the board would not open up the existing fencing at the end of the court. No other delegations responded to the Chairman's invitation to address the Committee on this matter. A motion by Councillor J. Ziegler to delete Condition 54 requiring construction of a 1.5 m concrete sidewalk was voted on and lost. The recommendations in the staff report were considered and it was agreed to revise Condition 58 to provide for a 1.8 m high chain link fence along the rear of lot 14. The staff recommendations, as revised, were then considered. On motion by Councillor J. Ziegler, it was resolved: "That Zone Change Application 931910NL (Dunsinnan Development Inc.) requesting a change in zoning from Neighbourhood Shopping Centre Zone (C-2) to Residential Four Zone (R-4) and Open Space Zone (P-2), according to By-law 85-1, on Part of Block 293, Registered Plan 1349, more particularly described as Part 2 of Plan 58R- 1778, be approved in the form shown in the proposed By-law, attached dated August 8, 1994, subject to the subdivision conditions contained in B below; It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. PD 94/76 - OLD COUNTRY DRIVE - ZONE CHANGE APPLICATION 93/9/0/VL - SUBDIVISION APPLICATION 30T-93011 - DUNSINNAN DEVELOPMENT INC. - FAIRVlEW WARD (CONT'D) That Subdivision Application 30T-93011 (Dunsinnan Developments Inc.) be recommended to the Regional Municipality of Waterloo for draft approval, subject to the following conditions; That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that following special conditions be written therein. The Subdivider covenants and agrees; PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 30, 1995 -16- CITY OF KITCHENER 51. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated 94/12/09, 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. 52. To submit a Lot Grading and Drainage Control Plan for the approval of the City's Commissioner of Public Works in consultation with the Department of Parks and Recreation, the Grand River Conservation Authority and the Ministry of Natural Resources, prior to registration of the plan of subdivision. 53. That prior to any grading or construction on the site, to submit for the approval of the City's Commissioner of Public Works, in consultation with the Department of Parks and Recreation, the Grand River Conservation Authority and the Ministry of Natural Resources 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. 54. To construct a 1.5 metre wide concrete sidewalk along the northerly side of Fenton Court from the sidewalk on Old Country Drive to the terminus of Fenton Court. 55. That the new street within the Plan of Subdivision shall be named "Fenton Court", which shall appear on the final plan for registration. 56. To convey to the City of Kitchener Block 15 for Storm Water Management purposes, at no cost and free of encumbrance, concurrently with the registration of the Plan of Subdivision; 57. To obtain from the Grand River Conservation Authority, a Fill Construction and Alteration to Waterways Permit under Ontario Regulation 154/86. Such permit shall be obtained prior to on-site grading, the installation of services and prior to the registration of the Plan of Subdivision. 58. To install a 1.8 metre high solid wood fence along the rear of Lots 1 to 13 inclusive and along the side lot line of Lot 14 abutting the Balzer Greenway and a 1.8 metre high chain link fence along the rear of Lot 14. Said fencing shall be installed within the affected lots prior to the transfer of title of such lots to the first time occupants, or in the event of winter conditions shall be installed by June 1st immediately following such transfer of title. PD 94/76 - OLD COUNTRY DRIVE - ZONE CHANGE APPLICATION 931910NL - SUBDIVISION APPLICATION 30T-93011 - DUNSINNAN DEVELOPMENT INC. - FAIRVlEW WARD (CONT'D) 59. That construction traffic to and from the proposed subdivision shall be restricted to using Country Hill Drive and Block Line Road to Homer Watson Boulevard only. All construction traffic shall be prohibited from using other internal residential streets in that 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. 60. That driveway locations shall be paired throughout the Plan of Subdivision with the exception of Lots 13 and 14. 61. The City agrees to release from title the previous agreements required through PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 30, 1995 -17- CITY OF KITCHENER Subdivision Plan 1349, registered on title as Instrument #451351 and, Severance Application B-31/77, registered on title as Instrument #618711, as they pertain to the subject lands, immediately subsequent to the registration of the Subdivision Agreement required through this Plan of Subdivision. It is the opinion of this Committee that approval of this application is proper planning for the City. That the implementing Zoning By-law for Zone Change Application 93/9/0NL (Dunsinnan Development Inc.) not be presented to City Council until Subdivision Application 30T-93011 has received Regional Draft Plan Approval whereupon the amending Zoning By-law shall be presented to Council for 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." The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Monday, February 6, 1995. PD 94/140 - OTTAWA STREET SOUTH/FISCHER HALLMAN ROAD EXTENSION - ZONE CHANGE APPLICATION 88155101CL - SUBDIVISION APPLICATION 30T-88041 - ACTIVA DEVELOPMENT CORPORATION - SOUTH WARD The Committee was advised that the Department of Planning and Development was in receipt of Zone Change and Subdivision Applications from Activa Development Corporation with regard to lands in the area of Ottawa Street South and the Fischer-Hallman Road extension. The subject lands comprise of 15.76 hectares (38.9 acres) and are located on the east side of Ottawa Street South in the Laurentian West community. The proposed Zoning Change is from Township Agriculture (Twp. A) according to By-law 878A to Residential 4 Zone (R-4) with special regulation provision 213R, Residential 6 Zone (R-6), Residential 6 Zone (R-6) with special regulation provision 209R, and Open Space Zone (P-2) according to By-law 85-1. In this regard the Committee considered Staff Report PD 94/140 dated January 18, 1995 and the proposed by-law dated January 5, 1995 attached to the report. It was noted in the report that the applicant is requesting approval of a Plan of Subdivision consisting of 24 blocks which may contain approximately 214 small single detached, duplex or semi-detached dwellings, 2 blocks for multiple dwellings having a maximum height of 3 stories, 1 block for open space and 1 block for storm water management. PD 94/140 - OTTAWA STREET SOUTH/FISCHER HALLMAN ROAD EXTENSION - ZONE CHANGE APPLICATION 88155101CL - SUBDIVISION APPLICATION 30T-88041 - ACTIVA DEVELOPMENT CORPORATION - SOUTH WARD (CONT'D) It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. T. McCabe advised that he had nothing further to add to the staff report under consideration other than to point out that the proposed development was the first subdivision in the new area to be developed south of Ottawa Street. He pointed out that Mr. P. Britton was attending the meeting to make a request regarding Condition #70 of the subdivision agreement. Ms. C. Ladd confirmed that the matter of issuance of building permits has been the subject of discussions with the applicant. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, appeared as a delegation on behalf of the applicant. He noted that the application was the first of three inter-related subdivisions to be developed extending from Ottawa Street to Bleams Road west of the Fischer-Hallman Road PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 30, 1995 -18- CITY OF KITCHENER extension. Mr. Britton pointed out that his clients agree with the various conditions with the exception of Condition #70 that they ask be revised to allow for building permits to be issued while the Fischer-Hallman Road extension was under construction and he distributed suggested wording for the revised condition. It was their intention no occupancy be permitted until the road was physically open. Councillor T. Galloway questioned if Condition #70 as worded included all the required intersection improvements and Mr. Britton advised that it did. Following other comments, Mr. T. McCabe suggested that the reference to the intersection improvements be included in the wording of Condition #70. Mr. Britton pointed out that the timing for the Fischer-Hallman Road extension has now been accelerated to 1997 and Councillor T. Galloway commented that the previous long term completion dates for the Fischer-Hallman Road extension were always of serious concern to him. Councillor Galloway referred to the storm water management triangle between Grove Drive and Ottawa Street and questioned if it would be available as green space. Mr. Britton advised that the open space would be green but it was intended to basically leave the existing roadway closed as a walkway link. Ms. C. Ladd advised that ultimate closure of Grove Drive was sometime in the future. No other delegations responded to the Chairman's invitation to address the Committee on this matter. The staff report was then considered. It was agreed to revise Condition #70 in accordance with the request of Mr. Britton but also add reference to the upgrade of the Ottawa Street intersection and prohibition of occupancy of any dwelling until the Fischer-Hallman Road was physically open. The staff recommendations, as revised, were then considered. On motion by Councillor T. Galloway, it was resolved: "That Zone Change Application 88/55/O/CL (Activa Development Corporation) requesting a change in zoning from Township Agriculture (Twp. A) according to By- law 878A to Residential 4 Zone (R-4) with special regulation provision 213R, Residential 6 Zone (R-6), Residential 6 Zone (R-6) with special regulation provision 209R, and Hazard Land Zone (P-3) according to By-law 85-1 on Part of Lots 46 and 47 German Company Tract, Lots 4 to 7 inclusive and Part of Lots 1, 2, 3, 8, 11, and 12, Part of 0.305 metre reserve "A" and Koch Avenue closed, Part of PD 94/140 - OTTAWA STREET SOUTH/FISCHER HALLMAN ROAD EXTENSION - ZONE CHANGE APPLICATION 88155101CL - SUBDIVISION APPLICATION 30T-88041 - ACTIVA DEVELOPMENT CORPORATION - SOUTH WARD (CONT'D) Towerview Avenue (closed by Judges's Order, Instrument Number 1013157), Registered Plan 820, be approved, in the form shown in the "Proposed By-law" attached dated January 5, 1995 subject to the subdivision conditions listed in (B) below: It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That Subdivision Application 30T-88041/CL (Activa Development Corporation) be recommended to the Regional Municipality for Draft Approval subject to the following conditions: That the Subdivider enter into a City standard form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined in the attached plan of subdivision and that the following special conditions shall be PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 30, 1995 -19- CITY OF KITCHENER 51. 52. 53. 54. 55. 56. written therein. The Subdivider covenants and agrees: That the final plans for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated 94 11 28, 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. The Subdivision may be registered in two (2) stages, with Stage 1 consisting of Blocks 1 to 34 inclusive and Stage 2 shall consist of Block 1 as shown on the Plan of Subdivision attached hereto. To submit a Lot Grading and Drainage Control Plan for the approval of the City's Commissioner of Public Works in consultation with the Department of Parks and Recreation, the Grand River Conservation Authority, Ontario Hydro, Union Gas and the Regional Municipality of Waterloo prior to the registration of each stage of the Plan of Subdivision. To submit for the approval of the City's Commissioner of Public Works, in consultation with the Department of Parks and Recreation, the Grand River Conservation Authority and the Regional Municipality of Waterloo 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. To construct a 1.5 metre wide concrete sidewalks along the south side of Ottawa Street South where it is adjacent to the plan of subdivision, and along both sides of Streets One, Two, Three and Five. That the street names within the Plan of Subdivision shall be approved by City Council prior to the registration of Stage 1 of the Plan of Subdivision, which shall include approval, in principle, by Council of the renaming of the open portion of Towerview Avenue adjacent to Block 30. PD 94/140 - OTTAWA STREET SOUTH/FISCHER HALLMAN ROAD EXTENSION - ZONE CHANGE APPLICATION 88155101CL - SUBDIVISION APPLICATION 30T-88041 - ACTIVA DEVELOPMENT CORPORATION - SOUTH WARD (CONT'D) 57. To convey to the City of Kitchener the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of the plan of subdivision: a) Block 2(5 for open space purposes; b) Block 27 for storm water management purposes; c) Blocks 31, 32, 33 and 34 for 0.3 metre reserves. 58. To dedicate, by plan registration, to the City of Kitchener the following lands for the purposes stated therein: a) Block 28 for a dual purpose public walkway/temporary road; b) Block 29 for a public walkway; PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 30, 1995 - 20 - CITY OF KITCHENER c) Block 30 for a road widening. 59. The Subdivider shall construct a 6.0 metre wide dual purpose public walkway/temporary access within Block 28 to the satisfaction of the Department of Public Works prior to the issuance of any building permits within the plan of subdivision. The Subdivider further agrees to remove the temporary road at such time as permanent secondary access to Fisher-Hallman Road is constructed and open to vehicular traffic through further subdivision stages and replace it with a 1.5 metre concrete sidewalk to the satisfaction of the Department of Public Works. 60. That it be acknowledged that the 5 percent parkland dedication required for this plan of subdivision, being 0.755 hectares, be satisfied by a land conveyance from other lands owned by the Subdivider, described as Part of Lot 47, German Company Tract and Part of Lot 1 and Part of 0.305 metre Reserve 'A' and Part of Towerview Avenue, Registered Plan 820 and that prior to registration of Stage 1 of this Plan, an ancillary agreement be registered on those lands setting out the park dedication at the time of the registration of the future subdivision. 61. The Subdivider agrees to install a boundary identification system along the rear lot lines of Block 23 (Stage 1) and the southerly side lot line of Blocks 24 (Stage 1) and Block 1 (Stage 2) which abut the Laurentian Wetland, at such time required by and to the satisfaction of the General Manager of Parks and Recreation. Further, the Subdivider agrees to include a statement advising of the boundary identification system requirement in all Offers to Purchase and Agreements of Purchase and Sale for the Blocks/Lots affected by this clause. 62. To obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 154/86. Such permit shall be obtained prior to on-site grading, the installation of services and prior to the City's release of Stage 1 of the Subdivision Plan for registration. 63. To make satisfactory arrangements with Ontario Hydro for any required temporary and permanent fencing around the hydro facilities and for the relocation of or revisions to Ontario Hydro facilities if required as a result of the subdivision, prior to registration of Stage 1 of the Subdivision Plan. In this regard, the subdivider shall present a letter to the Department of Planning and Development confirming PD 94/140 - OTTAWA STREET SOUTH/FISCHER HALLMAN ROAD EXTENSION - ZONE CHANGE APPLICATION 88155101CL - SUBDIVISION APPLICATION 30T-88041 - ACTIVA DEVELOPMENT CORPORATION - SOUTH WARD (CONT'D) that satisfactory arrangements have been made with Ontario Hydro for the above matters, prior to the City's release of the Plan of Subdivision for registration. The Subdivider further agrees to satisfy Ontario Hydro with respect to being responsible for the restoration of any damage to the right-of-way resulting from construction of the subdivision. 64. 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 plan of subdivision 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 30, 1995 -21 - CITY OF KITCHENER c) d) e) 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 Engineering Division to proceed with said grading. 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 his heirs, executors, administrators, successors and assigns in order to ensure that the requirements outlined in said plan(s) are carried out as specified. a Tree Preservation/Enhancement Plan will 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 metres of street frontage, proposed buildings that are located deeper on the lot than that approved on the Detailed Vegetation Plan, and/or in which the revised grading will have an adverse effect on the Detailed Vegetation Plan. in the event of construction causing minor tree damage, remedial measures such as trimming, dressing, or bark doctoring shall be implemented at the Subdivider's 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 tree value formula as set out in "Guide for Plan 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 units or due to weather conditions by the next planting season. PD 94/140 - OTTAWA STREET SOUTH/FISCHER HALLMAN ROAD EXTENSION - ZONE CHANGE APPLICATION 88155101CL - SUBDIVISION APPLICATION 30T-88041 - ACTIVA DEVELOPMENT CORPORATION - SOUTH WARD (CONT'D) 65. That construction traffic to and from the proposed subdivision shall use Ottawa Street via Street One and may not use Grove Drive. 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. To notify all purchasers of Blocks 17, 18, 19 and 20 by including in all Offers of PurchasegAgreements of Sale and Rental Agreements, a warning clause stating that due to the existing location of a Hydro Transformer Station on Ottawa Street South, excessive noise may be generated which may occasionally interfere with the enjoyment of the property. 67. To complete a noise study to determine noise levels from the hydro transformer station and any required mitigation measures and to submit same for the approval of the Ministry of Environment and Energy prior to registration of Stage 1 of the plan of subdivision. 68. To pair all residential driveways for all housing with less than 9.0 metres of lot width PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 30, 1995 - 22 - CITY OF KITCHENER 69. which do not use the 0 metre side yard concept within the Plan, where possible, in order to maximize on-street parking opportunities and boulevard landscaping areas. In this regard, prior to the issuance of building permits, the Subdivider is required to submit a plan showing lotting, building envelopes and driveway locations for all lots within the particular block, to be approved by the City's Department of Planning and Development. That the division of lands in respect to all residential blocks within the plan will be permitted subject to sequential compliance with the following: a) To submit for the approval of the Department of Planning and Development and the Department of Public Works plans for each block illustrating lotting, building envelopes, driveway locations, maintenance easements, eave encroachment, service connections, street utility hardware, proposed grades, together with the plan showing typical building elevations where required. b) 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 the lotting pattern is in conformity with the approved engineering drawings. c) That subsequent to receiving final 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, Zoning and Inspections. d) 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 PD 94/140 - OTTAWA STREET SOUTH/FISCHER HALLMAN ROAD EXTENSION - ZONE CHANGE APPLICATION 88155101CL - SUBDIVISION APPLICATION 30T-88041 - ACTIVA DEVELOPMENT CORPORATION - SOUTH WARD (CONT'D) part of said blocks until such time as said reference plan has been deposited in accordance with the Registry Act. e) 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 the Department of Planning and Development when the last dwelling unit has been sold. 70. To upgrade existing Fischer-Hallman Road, including the intersection of Ottawa Street, to a standard specified in the Fischer-Hallman Road Extension Study, from Ottawa Street to Grove Drive to the satisfaction of the Regional Municipality of Waterloo prior to occupancy of any dwelling unit. Prior to the issuance of any building permits within the plan of subdivision, the tender for Fischer-Hallman Road shall be awarded and financial securities in place, to the satisfaction of the Regional Municipality of Waterloo. 71. That access to Block 25 shall be permitted only from Street Two and that no access from Street One shall be permitted. 72. To install water pressure regulating valves in each dwelling located within an area PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 30, 1995 - 23 - CITY OF KITCHENER that has service elevations below 349 metres, to the satisfaction of the City's Chief Building Official. 73. That the City recognizes that it is 100% responsible for the costs associated with the Laurentian West Master Drainage Plan Study. In this regard the City agrees to reimburse the Subdivider for funding the study, either through direct payment upon the submission of a receipt for the completed works or through reimbursement in the form of a credit towards any City Development Charge required for this plan of subdivision. 74. The Subdivider agrees to construct, at his cost, that portion of Street Two (Towerview Avenue) adjacent to Block 30. 75. Immediately subsequent to the registration of Stage 2, the City agrees to open by By-law as "public highway" the 0.3 metre reserve Block 34, provided that Street One construction has taken place, the street has been accepted and is ready to be opened to vehicular traffic, all to the satisfaction of the City's Department of Public Works. It is the opinion of this Committee that approval of this application is proper planning for the City. That the implementing Zoning By-law for Zone Change Application 88/55/O/CL (Activa Development Corporation) not be presented to City Council until Subdivision Application 30T-88041 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. That an exemption to Council's 'Emergency Access Policy' be granted in order to temporarily allow Street Four to have a length of 170 metres with no emergency access instead of the 150 metre maximum." PD 94/140 - OTTAWA STREET SOUTH/FISCHER HALLMAN ROAD EXTENSION - ZONE CHANGE APPLICATION 88155101CL - SUBDIVISION APPLICATION 30T-88041 - ACTIVA DEVELOPMENT CORPORATION - SOUTH WARD (CONT'D) The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Monday, February 6, 1995. 10. ADJOURNMENT On motion, the meeting adjourned at 4:15 p.m. L.W. Neil, AMCT Assistant City Clerk