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HomeMy WebLinkAboutPlng & Econ Dev - 1995-08-14PED\1995-08-14 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES Al IC411_~T '1/I 'ii:ii:iR ~1'1'¥ CI1: KIT~HI:KII:~ The Planning and Economic Development Committee met this date commencing at 4:00 p.m. under Councillor C. Weylie, Chair, with the following members present: Mayor R. Christy and Councillors John Smola, K. Redman, B. Vrbanovic, M. Yantzi, J. Ziegler, M. Wagner and Jake Smola. Officials present: Mr. T. McKay, Mr. T. McCabe, Ms. S. Frenette, Mr. R. Mattice, Ms. J. Given, Mr. D. Mansell, Mr. K. Tribby, Mr. J. Shivas, Ms. L. Pasternak, Mr. J. Witmer, Mr. Z. Janecki and Mr. L.W. Neil. PD 95/70 - 904 QUEEN'S BLVD. - DEMOLITION CONTROL APPLICATION DC 92/9/RM - ST. MARY'S HOSPITAL - ROCKWAY-ST. MARY'S WARD The Committee was in receipt of Planning and Development Staff Report PD 95/70 dated July 24, 1995 prepared as an update to Staff Report PD 10/93 discussing the demolition of 904 Queen's Boulevard which is owned by St. Mary's Hospital. On May 3, 1993, the Committee deferred a demolition request until the owner was in a position to defend their demolition request to the Committee. At that time, staff recommended refusal as they believed the demolition was premature and could jeopardize the existing streetscape on Queen's Boulevard. St. Mary's Hospital has now asked that the issue be revisited and is of the view that the proposed addition to 898 Queen's Boulevard warrants the removal of 904 Queen's Boulevard. It was noted in the report that since 1993, the criteria that lead staff to originally refuse the demolition request has changed. Staff now believe the demolition is necessary to allow the construction of an addition, will not have a negative impact on the neighbourhood and will not cause a chain reaction of demolition on Queen's Boulevard. Councillor M. Wagner stated that he was in support of the demolition whereas two years ago he had opposed it based on the possible domino effect of further demolitions on Queen's Boulevard. He did state that he had concern as to the kind of buffering and/or landscaping that was going to be done following the demolition to buffer the hospital parking lot and requested details in that regard. He also questioned if landscaping to create a belt effect adjacent to Queen's Boulevard could be undertaken to effectively buffer the parking lot. Mr. T. McCabe commented that the issue raised by Councillor Wagner was a good point and advised that the City has amended its building by-law to require buffering in conjunction with demolition. Councillor M. Yantzi cautioned that the City may be setting the stage to jeopardize the streetscape of Queen's Boulevard and expressed concern that the wrong impression was possibly being conveyed in this matter. Mr. Bill Lobban, Rieder, Hymmen & Lobban Architects, appeared as a delegation on behalf of St. Mary's Hospital and advised that meetings had been held in the last few weeks with staff and a landscape plan has been developed that includes a screen hedge which will buffer and replace the house to be demolished. On motion by Councillor M. Wagner, it was resolved: "That Demolition Control Application DC 92/9/RM (St. Mary's Hospital) requesting approval for the demolition of a single detached dwelling located at 904 Queen's Boulevard, legally described as Lot 370, Registered Plan 230 be approved, subject to arrangements for adequate and appropriate buffering of the adjacent hospital parking lot to the satisfaction of the Department of Planning and Development." The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Monday, August 21, 1995. PD 95~76 - REVIEW OF SIGN BY-LAW REGULATIONS & ENFORCEMENT PRACTICES CONCERNING SIDEWALK/"A" FRAME SIGNS - MUNICIPAL CODE, CHAPTER 680 (SIGNS) The Committee was in receipt of Planning and Development Staff Report PD 95/76 dated August 8, 1995 dealing with sign by-law regulations and enforcement practices concerning Sidewalk/A- PD 95~76 - REVIEW OF SIGN BY-LAW REGULATIONS & ENFORCEMENT PRACTICES CONCERNING SIDEWALK/"A" FRAME SIGNS PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - MUNICIPAL CODE, CHAPTER 680 (SIGNS) (CONT'D) Frame signs as administered under Chapter 680 (Signs) of the Kitchener Municipal Code. The report details practices with respect to enforcement policy from September 14, 1992 to the present time. Mr. P. Lawson appeared as a delegation to comment on the levels of enforcement being carried out by City staff. In this regard, he provided a letter which was included with the agenda that identified the articles of concern under Chapter 680 of the Municipal Code. Mr. Lawson also distributed a submission this date dealing with the definition of ground sign and portable sign under articles 2.30 and 2.43 respectively. Mr. Lawson stated that his concern was enforcement of sign regulations particularly as they relate to the accepted definitions of ground and portable signs and requested that the Committee consider the difference between the definitions and make an interpretation in this regard. Mr. T. McCabe advised that the staff report had been prepared based on Mr. Lawson's comments to them. Further, Mr. Lawson had been requested to submit his concerns in written form to staff but had failed to do so. Mr. McCabe stated that at this time he was not sure exactly what the issue of concern was to Mr. Lawson. Mr. Lawson stated that his main concern was the definition of what constitutes a ground sign and what constitutes a mobile sign. Of concern with respect to these definitions was the method of anchoring and the size and height restrictions with respect to each sign. Mr. K. Tribby commented that the portable sign definition contained an error in the by-law and noted that while portable signs are not permanently anchored in the ground, they are sometimes anchored for safety reasons as long as the anchoring was considered to be of a temporary nature. Mr. T. McCabe suggested that the recommendation in the staff report could be enhanced to include the anchoring issue. In response to a question, Mr. K. Tribby advised that staff would continue with their present enforcement practice in that anchoring was considered to be a stability measure rather than a means to evade the by-law regulations. Mr. Lawson commented that he would like consideration of the definitions of ground and portable signs and with a clear interpretation he would be happy to work within the by-law regulations. On motion by Councillor K. Redman, it was resolved: "That the Department of Planning and Development review the Sign By-law regulations restricting the use of sidewalk signs to the Retail Core and the Belmont Improvement Area and prepare a report for the Committee's consideration, and further, That as part of the review, minor amendments to portable signs and ground signs be considered that deal with the issue of anchoring for purposes of safety or permanency, and further, That pending the Committee's consideration of the Staff Report, the Enforcement Staff continue to interpret oversized sidewalk signs as portable signs and enforce the portable sign regulations according to the Department's normal enforcement practices and procedures." The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Monday, August 21, 1995. PD 95/75 - ENFORCEMENT OPTIONS FOR LONG GRASS/VVEED COMPLAINTS - MUNICIPAL CODE, CHAPTER 650 (LOT MAINTENANCE) The Committee was in receipt of Planning and Development Staff Report PD 95/75 dated August 8, 1995 dealing with enforcement options for long grass/weed complaints that fall under Chapter 650 (Lot Maintenance) of the Kitchener Municipal Code. It was noted in the staff report that on PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES ~,lli"~.ll~T 14 1CICl~-, _ 11i~ _ June 26, 1995, the Committee requested staff consider and develop some solutions to bring about more effective enforcement of violations respecting long grass. The present enforcement practice was reviewed in the report wherein it was pointed out that there were only a small number of properties that remain in non-compliance with the regulations after being contacted by enforcement staff. It is these properties that are of most concern with regard to developing a process to bring about swifter enforcement for non-compliance. The Committee then discussed the matter and Councillor J. Ziegler questioned what the enforcement practices would be with regard to properties that are adopting naturalization landscaping and stated that it was his view the regulations should not catch such properties having a natural look. Mr. K. Tribby advised that the regulations do not accommodate properties having a naturalized look. He did state that he would not consider properties with exotic type grasses to be a problem but suggested that staff should review the naturalization issue. Councillor J. Ziegler questioned the legality of creating a list of non-complying properties as well as how it should be complied and maintained. Mr. K. Tribby advised that the staff report was prepared in response to concerns expressed by Councillor's and indicated that staff would continue in its current practices which would involve making contacts with non-complying property owners. Councillor J. Ziegler expressed concern that there be a mechanism to remove targeted properties from the list after they have achieved compliance. Mr. K. Tribby advised that additional procedures could be worked out in respect to this initiative for the 1996 growing season. On motion by Councillor M. Wagner, it was resolved: "That the Enforcement Staff, in consultation with other City Staff and Members of Council, develop a list of properties with a history of non-compliance with the Lot Maintenance regulations requiring the removal of weeds and grass more than eight inches in height, and further, That pursuant to Section 650.5.2 (Lot Maintenance) of the Municipal Code, by-laws be prepared for these properties, directing Staff to arrange for the cutting of weeds and grass, to be considered by Council at the beginning of the 1996 growing season, and further, That the Enforcement Staff monitor these properties during the 1996 growing season and, advise the owners of such properties that, in addition to any prosecution for non- compliance, Council will be considering passing by-laws to arrange for the cutting of weeds and grass by the City on their properties, with a charge for service levied back against the owners." LETTER - KITCHENER DOWNTOWN MURAL PROGRAMME - REQUEST - DUKE/ONTARIO PARKING GARAGE The Committee was in receipt of a submission dated August 10, 1995 from Mr. Bob Wagner, Chair, Kitchener Downtown Mural Programme. It was noted in the correspondence that the Downtown Mural Programme was to be an incorporated community based organization with a mandate to undertake large outdoor wall murals as part of the revitalization effort within the downtown core. The Mural Programme Steering Committee requests use of the Duke/Ontario Parking Garage (south wall) as a site for one of its 1995 murals. LETTER - KITCHENER DOWNTOWN MURAL PROGRAMME - REQUEST - DUKE/ONTARIO PARKING GARAGE (CONT'D) Mr. Bob Wagner, Ms. Vanessa Jacobs, Mrs. Nancy Brawley and Mr. Roger Farwell were in attendance regarding this matter. Mr. Wagner advised that the Steering Committee has been working since May and was now in a position to contract murals and wishes to get any necessary approvals in place before making official public announcements in mid September. He briefly reviewed the process the Steering Committee has followed in this regard and pointed out that City Council previously endorsed the murals programme on May 23. He advised that construction of a frame was required for a permanent panel that would not be affected by the weather and would PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES ~,lli"~.ll~T 14 1CICl~-, _ 117 _ have substantial life expectancy. Mayor R. Christy questioned the "to be incorporated" status of the Downtown Mural Programme and Mr. Wagner advised that they were in the process of incorporating a corporation. Further, he pointed out that a draft agreement for the use of the wall was included with their submission. Mayor R. Christy questioned erection, maintenance and take down of the mural and Mr. Wagner advised that the sponsor would finance the undertaking in total with the provision of reserve funds for maintenance purposes. Further, he stated that the mural will remain the property of the Downtown Mural Programme Corporation and pointed out that the mural must be acceptable to the owner of the wall to which the mural is to be affixed. Ms. V. Jacobs stated that there was an approval process in this regard. In response to Councillor M. Wagner, Mr. B. Wagner advised that a sketch would be made available for viewing by City Council at its meeting on August 21, 1995. He also advised that the Steering Committee was working on approximately 15 other installations as well as necessary sponsorships and suggested that a minimum 3 to 4 murals would be undertaken in 1996. Mr. Roger Farwell commented that concern was anticipated about the perception of wall murals given earlier experience with murals that have deteriorated. He explained the process that they propose provides for framing, installation of cement board with a vented space between the wall and ultimately the application of acrylic paint. Councillor Jake Smola questioned if liability insurance should be a requirement and Mr. J. Shivas advised that the matter of indemnity was dealt with in the agreement but there was no provision relative to liability insurance. On motion by Councillor K. Redman, it was resolved: "That the request of the Kitchener Downtown Mural Programme for use of the Duke/Ontario Parking Garage (south wall) as a site to erect a wall mural be approved subject to the following conditions: (a) (b) (c) the incorporation of the Mural Corporation a sketch of the final mural being consented to by the City the agreement between the Mural Corporation and the City being satisfactory to the City Solicitor." The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Monday, August 21, 1995. MEMO - INFORMATION RE CONDOMINIUM CONVERSION APPLICATIONS - CD/95/001,002, 003 & 004 (BELOW) The Committee was in receipt of a memorandum dated August 9, 1995 from Mr. R. Mattice concerning the Condominium Applications submitted under the Rental Housing Protection Act with respect to Onward Avenue, Westwood Drive, Morgan Avenue and Thaler Avenue, discussion for each of which follows in sequence after this item. MEMO - INFORMATION RE CONDOMINIUM CONVERSION APPLICATIONS - CD/95/001,002, 003 & 004 (BELOW) (CONT'D) It was pointed out in the memorandum that City staff were previously instructed to hold information meetings with tenants affected by Condominium Conversion Applications under the Act. Information meetings were not held for the subject properties due to a lack of interest shown by affected tenants. The lack of interest is attributed to the large number of tenants in favour of the condominium conversions. In response to tenants who indicated a concern, staff contacted each of them via telephone to alleviate their concerns, the majority of which dealt with the daily operation of the future condominium corporation and did not relate to the issue of the rental building being converted to condominium tenure. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES Mr. R. Mattice attended the meeting with regard to this matter and pointed out that inquiries had been received from only 13 tenants out of 200 units and confirmed that they were all contacted personally to discuss the condominium applications. In response to Councillor Jake Smola, Mr. Mattice advised that the City was not legally required to hold an information meeting with regards to the proposal. PD 95~58 - 105, 111,117 ONWARD AVENUE - CONDOMINIUM CONVERSION APPLICATION CD/95/001 - MEGNA REAL ESTATE - CENTRE WARD The Committee was in receipt of Planning and Development Staff Report PD 95/58 dated June 11, 1995. The report deals with Condominium Conversion Application CD/95/001 submitted under the Rental Housing Protection Act by Megna Real Estate with respect to lands known municipally as 105, 111, 117 Onward Avenue. The applicants seek approval under the RHPA as a precondition for the conversion of the property to condominium tenure. The property in question is presently a rental apartment complex of 46 units consisting of 16 one bedroom units and 30 two bedroom units. 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. R. Mattice advised that he had nothing further to add to the staff report except to point out that there was an error on page 4 of the report dealing with the address of the subject property which was shown incorrectly as 111 Onward Avenue rather than 117 Onward Avenue. In response to Mayor R. Christy, Mr. Mattice advised that most of the improvements were related to the interior rather than the exterior. The Mayor also questioned what improvements were being made to the parking lot and landscaping of the site. Mr. Bruno Megna, Megna Real Estate and Insurance Limited Realtor, appeared as a delegation in support of the staff report and distributed a submission dated August 14, 1995 in this regard. Mr. Megna confirmed that there would be upgrades to the landscaping on the Weber and Onward Avenue frontages. In reference to the parking lot he advised that he would be working with staff on a landscaping plan and that it was intended to have another meeting with tenants to inform them of details in this regard. Councillor M. Wagner questioned what would happen to the conversion proposal if only a small number of units were sold and what protection the new owners would have. Mr. R. Mattice advised that once the building was converted it would register as a condominium corporation and each owner of a unit was entitled to one vote. If the current owner doesn't sell very many units he will retain tenants in his units and would have a majority vote in respect to the running of the corporation. No other delegations responded to the invitation from the Chair to address the Committee on this matter. PD 95~58 - 105, 111,117 ONWARD AVENUE - CONDOMINIUM CONVERSION APPLICATION CD/95/001 - MEGNA REAL ESTATE - CENTRE WARD (CONT'D) On motion by Councillor K. Redman, it was resolved: "That Council approve application CD/95/001 (Megna Real Estate) subject to the Owners entering into an Agreement under Section 12(1) of the Rental Housing Protection Act, which shall be executed and registered against the title to the lands at 105, 111, 117 Onward Avenue as part of any subsequent condominium agreement. The Agreement shall contain the following conditions: a) The Owner agrees to supply the City's Policy, Research and Housing Division with a PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES b) c) d) _ 11CI _ list of the names and addresses of all the tenants who occupy the residential units which now exist upon the subject lands, hereinafter called the "Existing Units", as of the date Council's approval of this Agreement under the Rental Housing Protection Act. Further, the Owner shall supply the City's Policy, Research and Housing Division with the names and addresses of any new tenant who commences to occupy an Existing Unit between the date of Council's approval of the Agreement and the date of registration of the final plan of condominium. All tenants referred to above are hereinafter called "the Tenants". The Owner agrees to give notice to the Tenants of their rights under the terms of the Agreement, within 30 days following the date of registration of the final plan of condominium, by providing them with a copy of this agreement and by filing proof of notification with the City's Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by the Tenant as acknowledgement of receipt. This Agreement shall confer no rights whatsoever upon any new tenant who enters into a lease agreement with the Owner and occupies an Existing Unit after the date of registration of the final plan of condominium (hereinafter called a "Post- Registration Tenant"). The Owner shall give notice of this agreement to all Post- Registration Tenants, at the time they enter into their leases, and provide proof of notification to the Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by such tenants as acknowledgement of receipt, following which such tenants shall be deemed to have notice that they do not have any rights under this agreement. The Owner agrees that, in the event a Tenant wishes to continue to rent and occupy his or her Existing Unit, or to rent it until such time as he or she might exercise his or her right to purchase, the following conditions apply: The Tenant shall be entitled to continue to rent the unit which he or she is currently renting and occupying for a period of up to five years following the date of registration of the final plan of condominium (herein after called the "Five Year Rental Period"). Throughout the Five Year Rental Period, the applicable rent for a given unit shall not exceed the lawful maximum rent which could be charged for that rental unit under the Residential Rent Regulation Act, R.S.S. 1990, c. R.29, as amended (hereinafter called the "RRR Act") and any increases to that rent throughout the Five Year Rental Period shall be subject to the RRR Act. At the Tenant's discretion, the Owner and Tenant shall enter into a lease, leases, renewal or renewals for all or part of the Five Year Rental Period for such term or terms as is agreed to from time to time by the Tenant and the PD 95~58 - 105, 111,117 ONWARD AVENUE - CONDOMINIUM CONVERSION APPLICATION CD/95/001 - MEGNA REAL ESTATE - CENTRE WARD (CONT'D) Owners, provided that the total term thereof does not exceed the Five Year Rental Period. The Owner agrees to supply the City's Policy, Research and Housing Division with an executed copy of the lease, and any subsequent renewals thereof during this five year period. e) The Owner shall provide the Tenant or Tenants occupying an Existing Unit with the right of first refusal to purchase it during the Five Year Rental Period. To establish that a Tenant has foregone or waived his or her right of first refusal to purchase, the Owners shall provide the Policy, Research and Housing Division with a written waiver of such right executed by the Tenant, witnessed and dated subsequent to the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES date of registration of the final plan of condominium. If, at any time during the Five Year Rental Period, the Owner receives a bona fide, arms length offer to purchase an Existing Unit which the Owner is willing to accept and if the Tenant or Tenants of such unit have not waived their rights of first refusal to purchase, the Owners shall notify the Tenant or Tenants of such unit by providing them with a true copy of the offer to purchase and the Tenant or Tenants shall have the right, during the ten days immediately following the receipt thereof, to purchase the unit by delivering to the Owner a signed offer to purchase for the price and upon the terms and conditions contained in the original offer, which the Owner shall accept immediately. The Owner shall provide proof of notification to the City's Policy, Research and Housing Division, either by a sworn affidavit or service or by a copy of the original offer to purchase signed by the Tenant as acknowledgement of receipt. If the Tenant or Tenants do not deliver an offer to purchase to the Owner within ten days, the Tenant or Tenants shall be deemed not to have exercised the right of first refusal and the Owner may accept the original offer to purchase. If for any reason the Tenant or Tenants do not exercise the right of first refusal and the Owner does not complete the offer to purchase which had been received, the right of first refusal of the Tenant or Tenants shall continue in effect. f) It is hereby agreed that the Tenant shall lose his or her rights under this Agreement if: the Tenant vacates the Existing Unit with or without due notice to the Owner; the Tenant sublets the Existing Unit; or the Owner obtains a writ of possession to the Existing Unit, all rights of appeal in respect thereof have expired and the Owner files a copy thereof with the Policy, Research and Housing Division. g) The Owner agrees to engage the services of a consultant with qualifications acceptable to the City's Chief Building Official, to conduct an audit of the condition of the Premises, prior to draft approval of any plan of condominium on the lands, and to file the results of the audit with the City of Kitchener Policy, Research and Housing Division. The Owner shall correct, to the satisfaction of the Chief Building Official, deficiencies identified in the audit which relate to the Building Code, Building By-law, Fire Code, or Property Standards By-law. Upon correction, the City's Chief Building Official will notify the Owner in writing that the deficiencies have been corrected to his satisfaction. h) Prior to the sale of any of the Existing Units, the Owner shall notify potential purchasers that the results of the audit are available for their consideration. It is the opinion of this Committee that the approval of this application is proper planning for the City." The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Monday, August 21, 1995. PD 95~59 - 93-99 WESTWOOD DRIVE - CONDOMINIUM CONVERSION APPLICATION CD/95/002 - MEGNA REAL ESTATE - WEST WARD The Committee was in receipt of Planning and Development Staff Report PD 95/59 dated June 1, 1995. The report deals with Condominium Conversion Application CD/95/002 submitted under the Rental Housing Protection Act by Megna Real Estate with respect to lands known municipally as 93-99 Westwood Drive. It was noted in the report that the subject property is composed of two rental apartment complexes having a total of 48 units consisting of 4 bachelor units, 26 one bedroom units and 18 two bedroom units. The applicant is requesting approval under the RHPA as a precondition for the conversion of the property to condominium tenure. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. R. Mattice advised that he had nothing further to add to the report under consideration. Mr. Bruno Megna also appeared as a delegation in support of the staff recommendation in report PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES fl, I I~"~.1 I~T t4 tCICl~-, _ 191 _ PD 95/59. He provided a submission dated August 14, 1995 confirming his intentions with regards to the condominium conversion application. He also pointed out that all improvements would be completed prior to sale of units and that in special situations, tenancies could be extended beyond the five year period. In response to a question of Councillor Jake Smola, Mr. J. Witmer advised that the building and units would be inspected by a Building Inspector and Property Standards Officer and determination made as to their compliance to codes. No other delegations responded to the invitation from the Chair to address the Committee on this matter. On motion by Councillor K. Redman, it was resolved: "That Council approve application CD/95/002 (Megna Real Estate) subject to the Owners entering into an Agreement under Section 12(1) of the Rental Housing Protection Act, which shall be executed and registered against the title to the lands at 93-99 Westwood Drive as part of any subsequent condominium agreement. The Agreement shall contain the following conditions: a) The Owner agrees to supply the City's Policy, Research and Housing Division with a list of the names and addresses of all the tenants who occupy the residential units which now exist upon the subject lands, hereinafter called the "Existing Units", as of the date Council's approval of this Agreement under the Rental Housing Protection Act. Further, the Owner shall supply the City's Policy, Research and Housing Division with the names and addresses of any new tenant who commences to occupy an Existing Unit between the date of Council's approval of the Agreement and the date of registration of the final plan of condominium. All tenants referred to above are hereinafter called "the Tenants". b) The Owner agrees to give notice to the Tenants of their rights under the terms of the Agreement, within 30 days following the date of registration of the final plan of condominium, by providing them with a copy of this agreement and by filing proof of notification with the City's Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by the Tenant as acknowledgement of receipt. c) This Agreement shall confer no rights whatsoever upon any new tenant who enters into a lease agreement with the Owner and occupies an Existing Unit after the date of registration of the final plan of condominium (hereinafter called a "Post- Registration Tenant"). The Owner shall give notice of this agreement to all Post- PD 95/59 - 93-99 WESTWOOD DRIVE - CONDOMINIUM CONVERSION APPLICATION CD/95/002 - MEGNA REAL ESTATE - WEST WARD (CONT'D) Registration Tenants, at the time they enter into their leases, and provide proof of notification to the Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by such tenants as acknowledgement of receipt, following which such tenants shall be deemed to have notice that they do not have any rights under this agreement. d) The Owner agrees that, in the event a Tenant wishes to continue to rent and occupy his or her Existing Unit, or to rent it until such time as he or she might exercise his or her right to purchase, the following conditions apply: The Tenant shall be entitled to continue to rent the unit which he or she is currently renting and occupying for a period of up to five years following the date of registration of the final plan of condominium (herein after called the "Five Year Rental Period"). Throughout the Five Year Rental Period, the applicable rent for a given unit shall not exceed the lawful maximum rent which could be charged for that PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES e) _ t99 _ rental unit under the Residential Rent Regulation Act, R.S.S. 1990, c. R.29, as amended (hereinafter called the "RRR Act") and any increases to that rent throughout the Five Year Rental Period shall be subject to the RRR Act. At the Tenant's discretion, the Owner and Tenant shall enter into a lease, leases, renewal or renewals for all or part of the Five Year Rental Period for such term or terms as is agreed to from time to time by the Tenant and the Owners, provided that the total term thereof does not exceed the Five Year Rental Period. The Owner agrees to supply the City's Policy, Research and Housing Division with an executed copy of the lease, and any subsequent renewals thereof during this five year period. The Owner shall provide the Tenant or Tenants occupying an Existing Unit with the right of first refusal to purchase it during the Five Year Rental Period. To establish that a Tenant has foregone or waived his or her right of first refusal to purchase, the Owners shall provide the Policy, Research and Housing Division with a written waiver of such right executed by the Tenant, witnessed and dated subsequent to the date of registration of the final plan of condominium. If, at any time during the Five Year Rental Period, the Owner receives a bona fide, arms length offer to purchase an Existing Unit which the Owner is willing to accept and if the Tenant or Tenants of such unit have not waived their rights of first refusal to purchase, the Owners shall notify the Tenant or Tenants of such unit by providing them with a true copy of the offer to purchase and the Tenant or Tenants shall have the right, during the ten days immediately following the receipt thereof, to purchase the unit by delivering to the Owner a signed offer to purchase for the price and upon the terms and conditions contained in the original offer, which the Owner shall accept immediately. The Owner shall provide proof of notification to the City's Policy, Research and Housing Division, either by a sworn affidavit or service or by a copy of the original offer to purchase signed by the Tenant as acknowledgement of receipt. If the Tenant or Tenants do not deliver an offer to purchase to the Owner within ten days, the Tenant or Tenants shall be deemed not to have exercised the right of first refusal and the Owner may accept the original offer to purchase. If for any reason the Tenant or Tenants do not exercise the right of first refusal and the Owner does not complete the offer to purchase which had been received, the right of first refusal of the Tenant or Tenants shall continue in effect. PD 95~59 - 93-99 WESTWOOD DRIVE - CONDOMINIUM CONVERSION APPLICATION CD/95/002 - MEGNA REAL ESTATE - WEST WARD (CONT'D) f) It is hereby agreed that the Tenant shall lose his or her rights under this Agreement if: the Tenant vacates the Existing Unit with or without due notice to the Owner; the Tenant sublets the Existing Unit; or the Owner obtains a writ of possession to the Existing Unit, all rights of appeal in respect thereof have expired and the Owner files a copy thereof with the Policy, Research and Housing Division. g) The Owner agrees to engage the services of a consultant with qualifications acceptable to the City's Chief Building Official, to conduct an audit of the condition of the Premises, prior to draft approval of any plan of condominium on the lands, and to file the results of the audit with the City of Kitchener Policy, Research and Housing Division. The Owner shall correct, to the satisfaction of the Chief Building Official, deficiencies identified in the audit which relate to the Building Code, Building By-law, Fire Code, or Property Standards By-law. Upon correction, the City's Chief Building Official will notify the Owner in writing that the deficiencies have been corrected to his satisfaction. h) Prior to the sale of any of the Existing Units, the Owner shall notify potential purchasers that the results of the audit are available for their consideration. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES It is the opinion of this Committee that the approval of this application is proper planning for the City." The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Monday, August 21, 1995. PD 95~60 - 415 MORGAN AVENUE - CONDOMINIUM CONVERSION APPLICATION CD/95/003 - MANUFACTURERS LIFE INSURANCE COMPANY - CHICOPEE WARD The Committee was in receipt of Planning and Development Staff Report PD 95/60 dated June 1, 1995. The report deals with Condominium Conversion Application CD/95/003 submitted under the Rental Housing Protection Act by Manufacturers Life Insurance Company with respect to lands known municipally as 415 Morgan Avenue. It was noted in the report that the subject property is a rental townhouse complex with a total of 55 units consisting of 12 two bedroom units and 43 three bedroom units. The applicant is requesting approval under the RHPA as a precondition for the conversion of the property to condominium tenure. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. R. Mattice advised the Committee that staff had nothing further to add to the report under consideration. Mr. David Kerr, White Jenkins Duncan & Ostner Solicitors, appeared as a delegation on behalf of the applicant and advised that his client was in agreement with the recommendations in the staff report. Councillor B. Vrbanovic advised the Committee that he had participated in the sessions that the landlord held with tenants to explain the application process and was supportive of the efforts and outcome made in that regard. No other delegations responded to the invitation from the Chair to address the Committee on this matter. PD 95~60 - 415 MORGAN AVENUE - CONDOMINIUM CONVERSION APPLICATION CD/95/003 - MANUFACTURERS LIFE INSURANCE COMPANY - CHICOPEE WARD (CONT'D) On motion by Councillor B. Vrbanovic, it was resolved: "That Council approve application CD/95/003 (Manufacturers Life Insurance Company) subject to the Owners entering into an Agreement under Section 12(1) of the Rental Housing Protection Act, which shall be executed and registered against the title to the lands at 415 Morgan Avenue as part of any subsequent condominium agreement. The Agreement shall contain the following conditions: a) The Owner agrees to supply the City's Policy, Research and Housing Division with a list of the names and addresses of all the tenants who occupy the residential units which now exist upon the subject lands, hereinafter called the "Existing Units", as of the date Council's approval of this Agreement under the Rental Housing Protection Act. Further, the Owner shall supply the City's Policy, Research and Housing Division with the names and addresses of any new tenant who commences to occupy an Existing Unit between the date of Council's approval of the Agreement and the date of registration of the final plan of condominium. All tenants referred to above are hereinafter called "the Tenants". b) The Owner agrees to give notice to the Tenants of their rights under the terms of the Agreement, within 30 days following the date of registration of the final plan of PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES c) d) _ t9A _ condominium, by providing them with a copy of this agreement and by filing proof of notification with the City's Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by the Tenant as acknowledgement of receipt. This Agreement shall confer no rights whatsoever upon any new tenant who enters into a lease agreement with the Owner and occupies an Existing Unit after the date of registration of the final plan of condominium (hereinafter called a "Post- Registration Tenant"). The Owner shall give notice of this agreement to all Post- Registration Tenants, at the time they enter into their leases, and provide proof of notification to the Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by such tenants as acknowledgement of receipt, following which such tenants shall be deemed to have notice that they do not have any rights under this agreement. The Owner agrees that, in the event a Tenant wishes to continue to rent and occupy his or her Existing Unit, or to rent it until such time as he or she might exercise his or her right to purchase, the following conditions apply: The Tenant shall be entitled to continue to rent the unit which he or she is currently renting and occupying for a period of up to five years following the date of registration of the final plan of condominium (herein after called the "Five Year Rental Period"). Throughout the Five Year Rental Period, the applicable rent for a given unit shall not exceed the lawful maximum rent which could be charged for that rental unit under the Residential Rent Regulation Act, R.S.S. 1990, c. R.29, as amended (hereinafter called the "RRR Act") and any increases to that rent throughout the Five Year Rental Period shall be subject to the RRR Act. At the Tenant's discretion, the Owner and Tenant shall enter into a lease, leases, renewal or renewals for all or part of the Five Year Rental Period for such term or terms as is agreed to from time to time by the Tenant and the PD 95~60 - 415 MORGAN AVENUE - CONDOMINIUM CONVERSION APPLICATION CD/95/003 - MANUFACTURERS LIFE INSURANCE COMPANY - CHICOPEE WARD (CONT'D) e) Owners, provided that the total term thereof does not exceed the Five Year Rental Period. The Owner agrees to supply the City's Policy, Research and Housing Division with an executed copy of the lease, and any subsequent renewals thereof during this five year period. The Owner shall provide the Tenant or Tenants occupying an Existing Unit with the right of first refusal to purchase it during the Five Year Rental Period. To establish that a Tenant has foregone or waived his or her right of first refusal to purchase, the Owners shall provide the Policy, Research and Housing Division with a written waiver of such right executed by the Tenant, witnessed and dated subsequent to the date of registration of the final plan of condominium. If, at any time during the Five Year Rental Period, the Owner receives a bona fide, arms length offer to purchase an Existing Unit which the Owner is willing to accept and if the Tenant or Tenants of such unit have not waived their rights of first refusal to purchase, the Owners shall notify the Tenant or Tenants of such unit by providing them with a true copy of the offer to purchase and the Tenant or Tenants shall have the right, during the ten days immediately following the receipt thereof, to purchase the unit by delivering to the Owner a signed offer to purchase for the price and upon the terms and conditions contained in the original offer, which the Owner shall accept immediately. The Owner shall provide proof of notification to the City's Policy, Research and Housing Division, either by a sworn affidavit or service or by a copy of the original offer to PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES purchase signed by the Tenant as acknowledgement of receipt. If the Tenant or Tenants do not deliver an offer to purchase to the Owner within ten days, the Tenant or Tenants shall be deemed not to have exercised the right of first refusal and the Owner may accept the original offer to purchase. If for any reason the Tenant or Tenants do not exercise the right of first refusal and the Owner does not complete the offer to purchase which had been received, the right of first refusal of the Tenant or Tenants shall continue in effect. f) It is hereby agreed that the Tenant shall lose his or her rights under this Agreement if: the Tenant vacates the Existing Unit with or without due notice to the Owner; the Tenant sublets the Existing Unit; or the Owner obtains a writ of possession to the Existing Unit, all rights of appeal in respect thereof have expired and the Owner files a copy thereof with the Policy, Research and Housing Division. g) The Owner agrees to engage the services of a consultant with qualifications acceptable to the City's Chief Building Official, to conduct an audit of the condition of the Premises, prior to draft approval of any plan of condominium on the lands, and to file the results of the audit with the City of Kitchener Policy, Research and Housing Division. The Owner shall correct, to the satisfaction of the Chief Building Official, deficiencies identified in the audit which relate to the Building Code, Building By-law, Fire Code, or Property Standards By-law. Upon correction, the City's Chief Building Official will notify the Owner in writing that the deficiencies have been corrected to his satisfaction. h) Prior to the sale of any of the Existing Units, the Owner shall notify potential purchasers that the results of the audit are available for their consideration. It is the opinion of this Committee that the approval of this application is proper planning for the City." The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Monday, August 21, 1995. PD 95/61 - 280 THALER AVENUE - CONDOMINIUM CONVERSION APPLICATION CD/95/004 - MANUFACTURERS LIFE INSURANCE COMPANY - CHICOPEE WARD The Committee was in receipt of Planning and Development Staff Report PD 95/61 dated June 1, 1995. The report deals with Condominium Conversion Application CD/95/004 submitted under the Rental Housing Protection Act by Manufacturers Life Insurance Company with respect to lands known municipally as 280 Thaler Avenue. It was noted in the report that the subject property is a rental townhouse complex with a total of 46 units consisting of 16 two bedroom units and 30 three bedroom units. The applicant is requesting approval under the RHPA as a precondition for the conversion of the property to condominium tenure. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. R. Mattice advised the Committee that staff have nothing further to add to the report under consideration. Mr. David Kerr, White Jenkins Duncan & Ostner Solicitors, appeared as a delegation on behalf of the applicant and advised of his clients support for the recommendations in the staff report. No other delegations responded to the invitation from the Chair to address the Committee on this matter. On motion by Councillor B. Vrbanovic, it was resolved: "That Council approve application CD/95/004 (Manufacturers Life Insurance Company) subject to the Owners entering into an Agreement under Section 12(1) of the Rental PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES Housing Protection Act, which shall be executed and registered against the title to the lands at 280 Thaler Avenue as part of any subsequent condominium agreement. The Agreement shall contain the following conditions: a) The Owner agrees to supply the City's Policy, Research and Housing Division with a list of the names and addresses of all the tenants who occupy the residential units which now exist upon the subject lands, hereinafter called the "Existing Units", as of the date Council's approval of this Agreement under the Rental Housing Protection Act. Further, the Owner shall supply the City's Policy, Research and Housing Division with the names and addresses of any new tenant who commences to occupy an Existing Unit between the date of Council's approval of the Agreement and the date of registration of the final plan of condominium. All tenants referred to above are hereinafter called "the Tenants". b) The Owner agrees to give notice to the Tenants of their rights under the terms of the Agreement, within 30 days following the date of registration of the final plan of condominium, by providing them with a copy of this agreement and by filing proof of notification with the City's Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by the Tenant as acknowledgement of receipt. c) This Agreement shall confer no rights whatsoever upon any new tenant who enters into a lease agreement with the Owner and occupies an Existing Unit after the date of registration of the final plan of condominium (hereinafter called a "Post- Registration Tenant"). The Owner shall give notice of this agreement to all Post- Registration Tenants, at the time they enter into their leases, and provide proof of notification to the Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by such tenants as acknowledgement of receipt, following which such tenants shall be deemed to have notice that they do not have any rights under this agreement. PD 95/61 - 280 THALER AVENUE - CONDOMINIUM CONVERSION APPLICATION CD/95/004 - MANUFACTURERS LIFE INSURANCE COMPANY - CHICOPEE WARD (CONT'D) d) e) The Owner agrees that, in the event a Tenant wishes to continue to rent and occupy his or her Existing Unit, or to rent it until such time as he or she might exercise his or her right to purchase, the following conditions apply: The Tenant shall be entitled to continue to rent the unit which he or she is currently renting and occupying for a period of up to five years following the date of registration of the final plan of condominium (herein after called the "Five Year Rental Period"). Throughout the Five Year Rental Period, the applicable rent for a given unit shall not exceed the lawful maximum rent which could be charged for that rental unit under the Residential Rent Regulation Act, R.S.S. 1990, c. R.29, as amended (hereinafter called the "RRR Act") and any increases to that rent throughout the Five Year Rental Period shall be subject to the RRR Act. At the Tenant's discretion, the Owner and Tenant shall enter into a lease, leases, renewal or renewals for all or part of the Five Year Rental Period for such term or terms as is agreed to from time to time by the Tenant and the Owners, provided that the total term thereof does not exceed the Five Year Rental Period. The Owner agrees to supply the City's Policy, Research and Housing Division with an executed copy of the lease, and any subsequent renewals thereof during this five year period. The Owner shall provide the Tenant or Tenants occupying an Existing Unit with the right of first refusal to purchase it during the Five Year Rental Period. To establish PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES f) _ t97 _ ('~ATV nl~ I,(ITt'~HI~klI~Q that a Tenant has foregone or waived his or her right of first refusal to purchase, the Owners shall provide the Policy, Research and Housing Division with a written waiver of such right executed by the Tenant, witnessed and dated subsequent to the date of registration of the final plan of condominium. If, at any time during the Five Year Rental Period, the Owner receives a bona fide, arms length offer to purchase an Existing Unit which the Owner is willing to accept and if the Tenant or Tenants of such unit have not waived their rights of first refusal to purchase, the Owners shall notify the Tenant or Tenants of such unit by providing them with a true copy of the offer to purchase and the Tenant or Tenants shall have the right, during the ten days immediately following the receipt thereof, to purchase the unit by delivering to the Owner a signed offer to purchase for the price and upon the terms and conditions contained in the original offer, which the Owner shall accept immediately. The Owner shall provide proof of notification to the City's Policy, Research and Housing Division, either by a sworn affidavit or service or by a copy of the original offer to purchase signed by the Tenant as acknowledgement of receipt. If the Tenant or Tenants do not deliver an offer to purchase to the Owner within ten days, the Tenant or Tenants shall be deemed not to have exercised the right of first refusal and the Owner may accept the original offer to purchase. If for any reason the Tenant or Tenants do not exercise the right of first refusal and the Owner does not complete the offer to purchase which had been received, the right of first refusal of the Tenant or Tenants shall continue in effect. It is hereby agreed that the Tenant shall lose his or her rights under this Agreement if: the Tenant vacates the Existing Unit with or without due notice to the Owner; the Tenant sublets the Existing Unit; or the Owner obtains a writ of possession to the Existing Unit, all rights of appeal in respect thereof have expired and the Owner files a copy thereof with the Policy, Research and Housing Division. PD 95/61 - 280 THALER AVENUE - CONDOMINIUM CONVERSION APPLICATION CD/95/004 - MANUFACTURERS LIFE INSURANCE COMPANY - CHICOPEE WARD (CONT'D) g) The Owner agrees to engage the services of a consultant with qualifications acceptable to the City's Chief Building Official, to conduct an audit of the condition of the Premises, prior to draft approval of any plan of condominium on the lands, and to file the results of the audit with the City of Kitchener Policy, Research and Housing Division. The Owner shall correct, to the satisfaction of the Chief Building Official, deficiencies identified in the audit which relate to the Building Code, Building By-law, Fire Code, or Property Standards By-law. Upon correction, the City's Chief Building Official will notify the Owner in writing that the deficiencies have been corrected to his satisfaction. h) Prior to the sale of any of the Existing Units, the Owner shall notify potential purchasers that the results of the audit are available for their consideration. It is the opinion of this Committee that the approval of this application is proper planning for the City." The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Monday, August 21, 1995. 10. PD 95~69 - 4567-4575, 4593, 4607-4611 KING STREET EAST - ZONE CHANGE APPLICATION 95/14/K/JG - IMPERIAL OIL/JIM MACPHERSON - SOUTH WARD The Committee was advised that the Department of Planning and Development was in receipt of a Zone Change Application submitted by Imperial Oil and Jim MacPherson respecting certain lands on the south side of King Street East between Limerick Drive and Highway 401. The subject lands are known municipally as 4567-4575, 4593, 4607-4611 King Street East. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES The proposed zoning change would delete holding provision 2H from lands zoned C-6 with special use provision 61U, special regulation provisions 59R and 60R and C-6 with special use provision 61U and special regulation provision 60R. The purpose of the zoning change is to remove the holding provision related to the availability of access to King Street East since the Ministry of Transportation has now granted an access to King Street East for the above noted properties. Consequently, the removal of the holding provision will permit the development of certain Service Commercial (C-6) uses. In this regard the Committee considered Staff Report PD 95/69 dated July 24, 1995 and the proposed by-law dated July 19, 1995 attached to the report. It was noted in the report that the properties had been the subject of recent discussions relative to the construction of a furniture store and a site plan application is forthcoming for this use. A letter has been provided by the Ministry of Transportation indicating that access to King Street East could be granted. Prior to receipt of this letter, considerable discussion took place between the Ministry of Transportation and Regional and City staff relative to the implications of access with respect to the potential impact on the Cambridge north-south arterial road in the future. 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 the Committee that City Council has only considered this type of application once in the past. He noted that the application dealt with removal of the holding provision and that it was the Committee's responsibility to ensure that matters set out in the Official Plan have been satisfied and if so the Committee must proceed with approval of the application. 10. PD 95/69 - 4567-4575, 4593, 4607-4611 KING STREET EAST - ZONE CHANGE APPLICATION 95/14/K/JG - IMPERIAL OIL/JIM MACPHERSON - SOUTH WARD (CONT'D) No delegations responded to the invitation from the Chair to address the Committee on this matter. On motion by Councillor John Smola, it was resolved: "That Zone Change Application 95/14/K/JG (Imperial Oil/Jim MacPherson) requesting a change in zoning to remove holding provision 2H from lands zoned C-6 with special use provision 61U, special regulation provisions 59R and 60R and C-6 with special use provision 61U and special regulation provision 60R, on lands legally described as Part Lot 24, Beasley's Broken Front Concession, be approved in the form shown in the proposed By-law attached, dated July 19, 1995, without conditions. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Official Plan." The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Monday, August 21, 1995. 11. PD 95/71 - BILLBOARD SIGNS - PROPOSED MODIFICATIONS TO REGULATIONS - ADDENDUM TO PD 95/52 The Committee was in receipt of Planning and Development Staff Report PD 95/71 dated June 21, 1995 which was prepared as an addendum to PD 95/52. It was noted in the report that on June 12, 1995 the Committee had considered PD 95/52 which was a preliminary report on possible changes to billboard sign regulations in accordance with direction received from City Council on May 8, 1995. At the June 12th meeting, staff were directed to prepare a further report for presentation at the public meeting this date which incorporates possible changes which are outlined in report PD 95/71. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES Al li"~.l I¢~T t4 tCICl~ _ t'~CI _ It was noted in the report that on June 12, 1995 the Committee considered Staff Report PD 95/52 which was a preliminary report on possible changes to billboard sign regulations in accordance with direction received from Council on May 8, 1995. PD 95/52 which includes five possible changes to the regulations and the rationale for those changes was attached to report PD 95/71 for reference purposes. Additional possible changes suggested at the June 12th meeting are incorporated in PD 95/71. Mr. T. McCabe advised that he had nothing further to add to the report under consideration and briefly reviewed the chronology relating to this matter. Mr. Bruce Wilson appeared as a delegation on behalf of Gould Outdoor Advertising to advise that his client has no concerns with the recommendation in the report. However, he did advise that his client has two permits outstanding that are awaiting Council's approval of a variance at the August 21 st meeting. He indicated that he has received assurance from staff that what was in process will be approved. The properties in question are 1326 Victoria Street North in which a billboard would be to close to residential zoning currently but would be in compliance once Stage 7 receives approval. The other property is 16 Victoria Street North at Waterloo Street between Victoria Street and the CN Rail tracks. The proposed billboard is to close to an existing billboard on King Street. Further he indicated that his client has encountered certain difficulties. 11. PD 95/71 - BILLBOARD SIGNS - PROPOSED MODIFICATIONS TO REGULATIONS - ADDENDUM TO PD 95~52 (CONT'D) Mr. T. McCabe pointed out that the report recommendation directs by-law preparation for Council's September 25th meeting and in his view the issue was a timing matter for Mr. Wilson's client to address. Mr. Wilson advised that he was not sure if the September 25th deadline could be met and requested that special provisions be added to the by-law to exclude the two properties. Some further discussion took place as to the problem in relation to the property owner, the billboard company and the City's activities. Mr. Darcy Clark appeared as a delegation on behalf of Mediacom to advise that they were in agreement with the recommendations in the staff report. He did comment that he felt the 300 metre distance separation was somewhat excessive and that 100 metres would be more appropriate. Mr. Clark advised that the City of London has considered a flexible approach varying between 100 and 300 metres based on criteria. In conclusion he requested the Committee consider reducing the minimum distance separation to 200 metres. Mr. T. McCabe commented that the 300 metre minimum separation was developed after previous discussions and consultations and it was felt to be appropriate. No other delegations responded to the invitation from the Chair to address the Committee on this matter. On motion by Councillor M. Wagner, it was resolved: "That the Legal Department be instructed to prepare a by-law for consideration by Council at its meeting scheduled to be held on Monday, September 25, 1995, amending the regulations for billboard signs in Chapter 680 (SIGNS) of the City of Kitchener Municipal Code as follows: 1. Prohibit ground and pylon billboard signs in Agricultural Zones. 2. Prohibit ground and pylon billboard signs within the Huron Business Park, Bridgeport Business Park and Lancaster Corporate Centre. Require all ground and pylon billboard signs to be located behind any building line setback and comply with all other yard requirements for primary buildings as set out in the applicable Zoning By-law. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES Require all ground and pylon billboard signs to be set back a minimum of 300 metres from the Huron Natural Area and the following Environmentally Sensitive Policy Areas: Doon Pinnacle Hill, Hidden Valley and Steckle Woods. Require a minimum separation of 300 metres between all ground and/or pylon billboard signs in Commercial and Industrial Zones. Permit a (2) sign degrees, maximum of one (1) billboard structure, having a maximum number of two faces, erected either back to back or at an angle not exceeding ninety to be erected on any one lot." The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Monday, August 21, 1995. 12. PD 95~79 - DOWNTOWN ACTION COMMITTEE COMMENTS ON FINAL REPORT OF THE MAYOR'S TASK FORCE ON THE DOWNTOWN 12. The Committee was in receipt of Planning and Development Staff Report PD 95/79 dated August 4, 1995 providing Downtown Action Committee comments on the Final Report of the Mayor's PD 95179 - DOWNTOWN ACTION COMMITTEE COMMENTS ON FINAL REPORT OF THE MAYOR'S TASK FORCE ON THE DOWNTOWN (CONT'D) Task Force on the Downtown. It was noted in the report that on August 3, 1995 the Downtown Action Committee unanimously endorsed the recommendations of the Task Force report. Recommendation #38 dealing with Policing was singled out for support and praise for the work done to date. In relation to recommendation #5 which deals with the future of the Market Square Parking Garage the Committee felt strongly that the Farmer's Market should be relocated from the garage to a location in the east end of the downtown. A faxed letter dated August 14, 1995 from Mr. E. Ginsler and Ms. K. Simoneau was distributed. They expressed a view that recommendation #5 was just a suggestion to relocate the Farmer's Market and not a full endorsement and feel the recommendation was too strongly worded. It was their position that it was premature to include a recommendation to relocate the Market and they suggest the recommendation could be to investigate the issue fully. Mr. T. McCabe advised that the staff report from Ms. Frenette was meant as a report of DAC's comments on the Task Force recommendations approved by Council. He suggested that what Ms. Frenette meant to say in the memorandum was that if the City decides to relocate the Market, it be within the market district. 13. PD 95/74 - UPDATE REPORT ON RETAIL ACTION PLAN FOR DOWNTOWN KITCHENER The Committee was in receipt of Planning and Development Staff Report PD 95/74 dated August 2, 1995 which was prepared as an update on the Retail Action Plan for Downtown Kitchener. It was noted in the report that the Mayor's Task Force recommendations approved in principle by Council called for the hiring of a Retail Consultant to work with the KDBA and the Downtown Action Team to prepare an action plan for business development. The KDBA has now entered into a contract with Thomas Consultants International Inc., to undertake the Downtown Retail Action Plan and it was now appropriate to authorize the transfer of $20,000 at this time to ensure that funding for all components of the preparatory research is in place. On motion by Councillor K. Redman, it was resolved: "That pursuant to the Mayor's Task Force on the Downtown Recommendation # 1, Council authorize the transfer of $ 20,000 from the capital dollars set aside for Downtown initiatives to the Kitchener Downtown Business Association as the City's contribution towards the hiring of a Retail Marketing Consultant and the preparation of an Action Plan for Business Development." 14. PD 95~37 - CARYNDALE DRIVE PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - ZONE CHANGE APPLICATION 371871CIZJ - SUBDIVISION APPLICATION 30T-87033 - HEARTHWOOD DEVELOPMENTS LTD. - SOUTH WARD The Committee was advised that the Department of Planning and Development was in receipt of applications for Zone Change and Subdivision from Hearthwood Developments Ltd., respecting lands on Caryndale Drive. The subject lands are located both on the north and south side of the Hydro corridor along the west side of Caryndale Drive. The proposed zoning change is from Agricultural (A) according to Township of Waterloo By-law 878A to Residential Two Zone (R-2), Residential Three Zone (R-3), Open Space Zone (P-2) and Hazard Land Zone (P-3) according to By-law 85-1. In this regard the Committee considered Staff Report PD 95/37 dated July 10, 1995 and the proposed by-law dated April 19, 1995 attached to the report. It was noted in the report that the applicant proposes to rezone 12.7 hectares (31.4 acres) of the 18.66 hectare (46.11 acre) parcel of land north of the Ontario Hydro easement in order to 14. PD 95/37 - CARYNDALE DRIVE - ZONE CHANGE APPLICATION 371871CIZJ - SUBDIVISION APPLICATION 30T-87033 - HEARTHWOOD DEVELOPMENTS LTD. - SOUTH WARD (CONT'D) facilitate the development of a subdivision consisting of 14 single detached lots, 11 blocks for approximately 105 single detached units, a storm water management block, two open space link blocks and one future development block. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. T. McCabe advised that staff had nothing further to add to the report under consideration. He did point out that a delegation was going to request some changes to the conditions in the subdivision application and that staff were prepared to respond in this regard. Mr. Z. Janecki provided a brief overview of the applications which have a long history dating back to 1987. He noted that the original application has been influenced by many issues and problems and consequently seven circulations have taken place since 1987. He then reviewed a number of the issues that have generated these on going revisions during the planning process. Mr. Janecki advised that the only issues he wished to bring to the attention of the Committee were firstly, an incorrect comment on page 9 of the report with regard to the 376 Biehn Drive and the operation of the sump pump which it was stated was running less frequently whereas it is actually running more frequently and secondly, a letter dated August 8, 1995 from Mr. P. Britton which was distributed with the agenda expressing concerns regarding the future extension of Biehn Drive. In this regard he advised that the Grand River Conservation Authority has agreed to revised conditions that are suggested that would accommodate the concerns of Mr. Britton. He then distributed these suggested revisions that deal with conditions 51, 55, 56, 68 and add a new condition 71 to the subdivision agreement. As well, proposed mapping for the plan of subdivision dated revised August 15, 1995 was distributed that indicated a general alignment of Biehn Drive extended within Phase 2 of the plan of subdivision. Mr. Paul Britton appeared as a delegation on behalf of Hallman-Brierdale with regards to the contents of his letter dated August 8, 1995. Mr. Britton stated that his concern was what is not shown on the draft plan of subdivision which could lead to his clients lands being without collector road access. Accordingly, he requested that the Biehn Drive extension be firmed up as it relates to the subdivision plan subject to fine tuning of the precise location but shown as part of the draft approval. He informed the Committee that he has discussed this concern with the principles of Hearthwood Developments Limited, City staff and Grand River Conservation Authority staff. Councillor John Smola questioned if Councillor T. Galloway was aware of Mr. Britton's concerns and request. Councillor M. Wagner questioned why the Biehn Drive extension was not dealt with as part of the staff report. Mr. T. McCabe summarized the nature of the issue to date which ultimately boils down to the fact that the Biehn Drive extension was not needed yet. Mr. P. Britton commented that with draft approval of the subdivision application as presently worded, his clients property could be sterilized from an access point of view. He noted that by proceeding with and PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES showing the Biehn Drive extension, that action would be implementing the provisions of the Municipal Plan. Mr. Bob Black, RBA Planning Consultants, appeared as a delegation on behalf of Hearthwood Developments Limited. Mr. Black commented that in the September 1994 circulation of the subdivision plan the Biehn Drive extension was included. He advised that he has received the proposed revisions from Mr. Janecki relative to inclusion of the Biehn Drive extension and stated that his client was in support of either the recommendations as worded in the staff report or the proposed revisions if the Committee was to consider them. 14. PD 95/37 - CARYNDALE DRIVE - ZONE CHANGE APPLICATION 371871CIZJ - SUBDIVISION APPLICATION 30T-87033 - HEARTHWOOD DEVELOPMENTS LTD. - SOUTH WARD (CONT'D) Councillor M. Wagner stated that it was his understanding the development of Phase 1 of the subdivision could proceed without the extension of Biehn Drive. Mr. P. Britton stated that it was the view of his client that Phase 1 was premature without the road network in place. Mr. T. McCabe commented that it was his view that politically the decision to extend Biehn Drive has already been made by City Council. Councillor John Smola suggested that the matter of the proposed revisions be referred to City Council for consideration on August 21, 1995. Mr. T. McCabe pointed out that Councillor Tom Galloway was on record as not supporting the extension of Biehn Drive. Mr. Z. Janecki informed the Committee that he had discussed the staff report with Councillor T. Galloway and had also made him aware of the letter of concern dated August 8, 1995 received from Mr. P. Britton. Mayor R. Christy indicated that he was satisfied with the extension proposal now that the Grand River Conservation Authority support was in place. The Committee agreed to defer the proposed revisions to the conditions of the Hearthwood Subdivision as outlined below and refer their consideration to the August 21, 1995 Council meeting: Proposed Revised Conditions: 51. Revise date of Plan of Subdivision map to read August 14, 1995. 55. Add Biehn Drive as a street name to appear on Plan of subdivision. 56. Add Biehn Drive as requiring sidewalks on both sides of the street. 68. That Block 33 be reserved for future development; and that no building permits be issued for Block 33 in Phase 2 until those lands have been appropriately zoned and a plan of subdivision for the Block has been approved and registered. Proposed New Condition: 71. That the exact alignment of the extension of Biehn Drive from the north to be shown on the final registered plan shall be to the satisfaction of the Grand River Conservation Authority in accordance with plans/drawings/studies to be approved by the Authority prior to registration of the plan. The Subdivider agrees to be responsible for the construction of Biehn Drive extension to the satisfaction of the City's General Manger of Public Works and the Grand River Conservation Authority as part of the development of Phase 2. The Committee then considered the recommendations in the staff report. On motion by Councillor Jake Smola, it was resolved: (A) "That Zone Change Application 37/87/C/ZJ (Hearthwood Developments Ltd.) requesting a change in zoning from Agricultural (A) according to Township of Waterloo By-law 878A to Residential Two Zone (R-2), Residential Three Zone (R- PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES 3), Open Space Zone (P-2), and Hazard Land Zone (P-3) according to By-law 85-1 on Part of Lots 8 and 9, Biehn's Tract, Lot 185 and Part of Lot 184, Registered Plan 640 in the form shown in the "Proposed By-law" attached, dated April 19, 1995, be approved, subject to the subdivision agreement conditions contained herein in (B) below. 14. PD 95/37 - CARYNDALE DRIVE - ZONE CHANGE APPLICATION 371871CIZJ - SUBDIVISION APPLICATION 30T-87033 - HEARTHWOOD DEVELOPMENTS LTD. - SOUTH WARD (CONT'D) (B) That Subdivision Application 30T-87033 (Hearthwood Developments Ltd.) be recommended to the Regional Municipality for draft approval subject to the following conditions. That the Subdivider enter into a City Standard Form Subdivision Agreement as approved by City Council embracing those lands shown outlined in the attached Plan of Subdivision and that the following conditions shall be written therein. The Subdivider covenants and agrees: 51. That the final plan for registration purposes shall be prepared in accordance with the attached plan of subdivision dated July 4, 1995, providing that minor amendments to said plan, 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. To submit a Lot Grading and Drainage Control Plan for the approval of the City's General Manager of Public Works in consultation with the Department of Parks and Recreation, Ontario Hydro and Grand River Conservation Authority, prior to registration of the plan of subdivision. The Subdivider agrees that grading provisions for community trails to the satisfaction of 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 General Manager 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 in construction stages. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 54. To obtain from the GRCA, if required, approval of an application for Fill, Construction and Alteration to Waterways Regulation Permit pursuant to the Ontario Regulation 149 as amended by 69/93 and 669/94 for any storm sewer outfalls or other alterations within the floodplain of Strasburg Creek and its tributaries and/or the Strasburg Creek Wetland Complex, prior to registration of the plan of subdivision. 55. That the street names within the plan of subdivision shall be "Hearthbridge Street", "Hearthway Street", "Hearthwood Drive", and "Hearthwood Crescent", and such names shall appear on the final registered plan. 56. To construct 1.5 m wide concrete sidewalks along both sides of Hearthway Street, Hearthbridge Street and Hearthwood Drive, and the westerly sides of Hearthwood Crescent and Caryndale Drive to the satisfaction of the City's Department of Public Works. 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES plan of subdivision as noted: (a) (b) (c) Block 27 for storm water management purposes, Blocks 28 and 29 for open space purposes, Block 30 for municipal servicing/drainage purposes, and 14. PD 95/37 - CARYNDALE DRIVE - ZONE CHANGE APPLICATION 371871CIZJ - SUBDIVISION APPLICATION 30T-87033 - HEARTHWOOD DEVELOPMENTS LTD. - SOUTH WARD (CONT'D) (d) Blocks 34-36 inclusive for 0.3 m reserve purposes. 58. To dedicate Blocks 31 and 32 as public walkways through the registration of the plan of subdivision. 59. That construction traffic to and from the proposed subdivision shall use Caryndale Drive, Biehn Drive, Huron Road and Trillium Drive. All construction traffic shall be prohibited from using other internal residential streets in the community. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement and the Subdivider being responsible for any signage where required all to the satisfaction of the Director of Traffic and Parking Services. 60. 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 the subdivision plan for registration, the Subdivider shall submit the Detailed Vegetation Plan for the approval of the City's Manager of Design, Heritage and Environment. (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 Engineering Department 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, 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 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 building/structure that is located deeper on the lot than that approved on the Detailed Vegetation Plan, and/or the revised grading will have an adverse effect 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 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 Plant Appraisal" International PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES 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 City's 14. PD 95/37 - CARYNDALE DRIVE - ZONE CHANGE APPLICATION 371871CIZJ - SUBDIVISION APPLICATION 30T-87033 - HEARTHWOOD DEVELOPMENTS LTD. - SOUTH WARD (CONT'D) Manager of Design, Heritage and Environment and shall be satisfactorily implemented prior to occupancy of the unit, or due to weather conditions by the next planting season. 61. To install a permanent 1.2 metre high paige-wire fence or an alternate marking system to the satisfaction of the City's Department of Parks and Recreation along the flankage and/or rear lot lines of Blocks 18, 19, 21, and 22 where such lot lines abut Blocks 27, 28 and 29. 62. That the 5% parkland dedication for the entire plan of subdivision, being 0.635 hectares, shall be satisfied by the registration of an agreement to defer the parkland dedication to other lands owned by the subdivider, legally described as Part of Lots 184 and 185, and Road Closed by By-law 429A, Registered Plan 640, Lot 10 and Part of Lots 8 and 9, Biehn's Tract. Said agreement is to be registered on the title of the lands legally described as Part of Lots 184 and 185, and Road Closed by By-law 429A, Registered Plan 640, Lot 10 and Part of Lots 8 and 9, Biehn's Tract prior to the registration of the plan of subdivision. 63. To install a 1.2 metre high temporary snow fencing along the limits of residential lots/blocks which abut Storm Water Management Block 27 and Open Space Blocks 28 & 29. The Subdivider shall also be responsible for installing the appropriate signs every 45 metres noting that there shall be no dumping in this area; with the installation to be 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 construction within the plan area. 64. That the division of lands in respect to all residential blocks within the plan will be permitted subject to sequential compliance with the following: To submit for the approval of the City's Director of Building, Zoning and Inspections and the Department of Public Works, plans for each block illustrating lotting, building envelopes, driveway locations, service connections, street utility hardware, proposed grades, together with the plan 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 the lotting pattern is in conformity with the approved engineering drawings; iii) That subsequent to receiving lotting 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 City's Director of Building, Zoning and Inspections; iv) That a Reference Plan with respect to the division of said blocks shall be prepared and presented to the City's Director of Building, Zoning and Inspections. Further, the Subdivider agrees not to transfer title of any part of PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES said blocks until such time as said reference plan has been deposited in accordance with the Registry Act. 14. PD 95/37 - CARYNDALE DRIVE - ZONE CHANGE APPLICATION 371871CIZJ - SUBDIVISION APPLICATION 30T-87033 - HEARTHWOOD DEVELOPMENTS LTD. - SOUTH WARD (CONT'D) 65. To construct a temporary turning circle on Hearthwood Drive on Block 26 as shown on the attached plan of subdivision. Said turning circle shall be designed and constructed to the satisfaction of the General Manager of Public Works. At such time as Hearthwood Drive is extended to the south, and open to vehicular traffic, the subdivider shall remove the turning circle. No building permits will be issued for that part of Block 26 affected by the turning circle, until the turning circle is removed. 66. To upgrade existing Caryndale Drive from the subdivision's northerly limit to the southerly limit at Ontario Hydro easement to full municipal standards save and except for street trees and a sidewalk on the east side of Caryndale Drive concurrently with the development of this plan of subdivision to the satisfaction of the General Manager of Public Works. 67. To construct at its cost, temporary access roads from Hearthwood Drive to Caryndale Drive across Lot 4 and Block '16; and across Blocks 2'1 and 22 as shown on the subdivision plan. Said temporary roads shall be constructed to City standards save and except for a concrete sidewalk. The temporary access roads shall be completed and opened to public vehicular traffic prior to the issuance of any building permits in Phase '1. Further, the Subdivider agrees to provide easements to the City of Kitchener for the lands on which the proposed temporary roads will be located. The appropriate easements shall be granted to the City prior to registration of the plan of subdivision. The City agrees to quit-claim the easements after completion and opening of permanent secondary roads to the affected parts of the subdivision. Further, the Subdivider shall remove the temporary access roads once Hearthbridge Street has been extended to the south or Hearthwood Drive has been extended to the west and a permanent secondary access has been provided to the plan of subdivision not requiring these temporary roads to the satisfaction of the Director of Traffic and Parking Services. Building permits will not be available for Lot 4 and that portion of Block 16, and those portions of Blocks 21 and 22 that are affected by the temporary road until the road has been removed. 68. That Block 33 be reserved for future development. No building permits shall be issued until the following matters have been addressed: (a) The exact alignment and extension of Biehn Drive from the north as it is affected by the Strasburg Creek Master Drainage Plan and the Provincial Wetland Policy Guidelines as well as the revisions to the Brigadoon Community Plan have been completed and approved; and (b) Lands have been appropriately zoned and a plan of subdivision for the Block have been approved and registered. 69. To make satisfactory arrangements with Ontario Hydro for any required temporary and permanent fencing around the hydro facilities, if required, and for the relocation of or revisions to Ontario Hydro facilities if required as a result of the subdivision, prior to registration of the plan of subdivision. In this regard, the Subdivider shall present a letter to the City's Manager of Community Planning and Development Review confirming 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES fll I~'~1 I~T t4 tCICl~-, _ 1'~'7 _ 14. PD 95/37 - CARYNDALE DRIVE - ZONE CHANGE APPLICATION 371871CIZJ - SUBDIVISION APPLICATION 30T-87033 - HEARTHWOOD DEVELOPMENTS LTD. - SOUTH WARD (CONT'D) with respect to being responsible for the restoration of any damage to the right-of- way resulting from construction of the subdivision. 70. That the development of the subdivision shall be restricted to the issuance of building permits to a maximum of 100 dwelling units. As a result of the City's interest in maintaining adequate undisrupted water circulation through the City's watermains to service this subdivision and the Brigadoon area, no building permits will be issued until the watermain has been extended from its present terminus along Strasburg Road to Templewood Drive to Marl Meadow Drive to Biehn Drive within the Hallman-Aberdeen lands under Subdivision Application 30T-88007 and the watermain is fully operational to the satisfaction to the General Manager of Public Works, at which time building permits will be available for the first 100 units within the plan of subdivision. Furthermore, no building permits will be issued beyond 100 units until the watermain is extended from its present terminus at the end of Biehn Drive to the owner's westerly land holdings in order to connect the watermain to this Plan of Subdivision or an alternate timing is approved in writing by the City's General Manager of Public Works. II. That prior to registration of Subdivision Application 30T-87033, the Subdivider shall enter into a supplementary agreement pertaining to the deferral of the 5% park dedication to its abutting land to the west and south, with said agreements to be registered against title of lands legally described as Part of Lots 8, 9 and 10 Biehn's Tract, Lot 185 and part of Lot 184, part of road closed by By-law 429-A, Registered Plan 640 prior to release of the plan of subdivision for registration. Said agreement shall contain the following clause: "The owner shall provide a further 0.635 hectare park dedication in addition to the 5% park dedication required through registration of future plans of subdivision." It is the opinion of this Committee that approval of these applications is proper planning for the City and is in conformity with the City's Official Plan. c) That the implementing zoning by-law for a Zone Change Application 37/87/C/ZJ (Hearthwood Developments Ltd.) shall not be presented to City Council until Subdivision Application 30T-87033 has received Regional Draft Approval where upon the amending zoning by-law shall be presented to City Council for all three readings. Alternatively, if the City Clerk is presented with a letter from the Regional Municipality of Waterloo advising that the Region has no objection of the passing of the zoning by-law in the form shown in staff report 95/37." The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Monday, August 21, 1995. 15. PD 95~80 - ADDENDUM TO PD 95/21 - HOUSEKEEPING REVISIONS TO BY-LAW 85-1, AIR CONDITIONING REGULATIONS The Committee was in receipt of Planning and Development Staff Report PD 95/80 dated August 11, 1995. It was noted in the report that City Council on July 4, 1995 deferred consideration of changes to Section 5.6a.3 of by-law 85-1 dealing with regulations for air conditioners and pumps. The Legal Department is recommending a revision to the City's Noise By-law to make PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES 15. PD 95~80 - ADDENDUM TO PD 95/21 - HOUSEKEEPING REVISIONS TO BY-LAW 85-1, AIR CONDITIONING REGULATIONS (CONT'D) enforcement of this by-law less subjective by introducing quantitative measurement methods through decibal readings. In this regard, the Department of Planning and Development continues to support a change to the current regulations for air conditioners in By-law 85-1 on the basis that a zoning by-law is not the appropriate tool by which to control noise. Accordingly, the Department recommends approval of the proposed by-law dated August 8, 1995 attached to Staff Report PD 95/80. On motion by Councillor M. Wagner, it was resolved: "That an in-camera meeting of the Committee be held to consider a litigation matter involving legal advice subject to solicitor/client privilege." The Committee then recessed to hold an in-camera meeting and returned shortly thereafter to continue the meeting. On motion by Councillor K. Redman, it was resolved: "That the draft by-law respecting noise from residential air conditioning devices including heat pumps and other stationary sources, be approved in principle, and further, That the Legal Department seek Ministerial approval of the draft by-law." On motion by Councillor K. Redman, it was resolved: "That the "Proposed By-law" dated August 8, 1995, attached to Staff Report PD 95/80 as an addendum to Zone Change Application 94/14/TC/PMc, representing revisions to Section 5.6A.3 (Air Conditioners and Pumps) of By-law 85-1 as amended by By-law 94-1 and 94-183 (Stages 6 and 7 of the Comprehensive Zoning By-law), be approved, without conditions." Councillor M. Wagner requested that he be recorded as in opposition on these matters. 16. ADJOURNMENT On motion, the meeting adjourned at 6:30 p.m. L.W. Neil, AMCT Assistant City Clerk