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HomeMy WebLinkAboutPlng & Econ Dev - 1996-08-06P E D\1996 -08 -06 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 6, 1996 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 4:50 p.m. under Councillor C. Weylie, Chair, with the following members present: Councillors John Smola, G. Lorentz, K. Redman, B. Vrbanovic, T. Galloway, M. Yantzi, J. Ziegler, M. Wagner and Jake Smola. Mayor R. Christy entered the meeting after its commencement. Officials present: Ms. C. Ladd and J. Given and Messrs. J. Gazzola, T. McCabe, B. Stanley, J. Shivas, D. Mansell, Z. Janecki, J. Willmer, P. Wetherup, L. Masseo, J. Witmer and L.W. Neil. PD 96/61 - VANIER DRIVE SOUTH OF CONESTOGA PARKWAY - LANE CLOSURE APPLICATION 96/1/V/VL - PORTION OF VANIER DRIVE (FORMERLY FULTON STREET) - HALLMAN IDLEWOOD LTD. - FAIRVIEW WARD The Committee was in receipt of Planning and Development Staff Report PD 96/61 dated July 16, 1996. The report deals with a Lane Application requesting closure of a portion of Vanier Drive that was formerly known as Fulton Street. The section of Vanier Drive proposed to be closed is located at the end of the existing paved portion of Vanier Drive which is to the north of lands owned by Hallman-ldlewood Limited and south of the Conestoga Parkway and comprises approximately 1440 sq. metres (15,500 sq. ft.) in area. It was noted in the report that the only unresolved issue with the applicant has to do with the concern expressed by Hallman-ldlewood Limited with respect to the $3.00 per sq. ft. appraised land value recommended by the City's Land Purchasing Officer. Mr. B. Stanley advised that staff had nothing further to add to the report under consideration other than to confirm that it was his understanding the applicant was in agreement with all conditions except #3 of the recommendation. Mr. Paul Grespan, McCarter Grespan Robson Beynon, appeared as a delegation on behalf of Hallman-ldlewood Limited to object to the appraised value of the land parcel. He stated that there were several issues affecting the value of the land including: encumbrance by an easement, location adjacent to the Conestoga Parkway and the fact that it is not possible to build on it. He suggested that the only appropriate use was that the remnant parcel be added to the lands of the adjacent apartment building to provide additional parking. He noted that Hallman would pay all costs relative to acquisition and title of the lands but was of the opinion that the remnant parcel really had no value and was only worth $1.00 normal cost plus cost to transfer title. Councillor T. Galloway questioned if the land parcel that would be conveyed to Hallman-ldlewood is necessary to complete the site plan for their apartment building. Mr. B. Stanley advised that it was not required to complete the site plan and would constitute additional land for the apartment building. Councillor Galloway questioned if the additional land would allow for any additional building on the Hallman-ldlewood land and Mr. B. Stanley advised that the additional land would increase the density ratio relative to the development on the property. Councillor T. Galloway suggested that since the City was asking approximately $45,000 for the land parcel and Hallman- Idlewood Limited was offering $1.00 that negotiation should be undertaken. Mr. P. Grespan advised that his client was of the view that the land parcel has no value and consequently there was no market value to negotiate. Councillor Galloway indicated that the City could build a small parkette on the lands and that in fact they have value from the City's point of view. Mr. P. Wetherup advised that staff did not review the possibility of developing the land parcel with a tot lot but indicated that it could become just a landscaped area. Councillor J. Ziegler suggested that the City's Land Purchasing Officer be requested to try and reach an agreement with the applicant on the value of the lands. Councillor T. Galloway commented that the remnant parcel was a sizable piece of property and not the usual very small remnant that the City normally disposes of only for costs to transfer title. Councillor J. Ziegler stated that he could not imagine any other party being interested in the lands but suggested the issue be deferred and that the Land Purchasing Officer be requested to negotiate with the applicant and at the same time canvas the two local schools to determine if they have any need for the subject lands. Mr. B. Stanley advised that in his conversation with the Land Purchasing Officer it was his understanding that the valuation placed on the lands of the Hallman- Idlewood Limited parking lot was $7.00 per sq. ft. whereas the subject lands which PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 6, 1996 - 109 - CITY OF KITCHENER PD 96/61 - VANIER DRIVE SOUTH OF CONESTOGA PARKWAY - LANE CLOSURE APPLICATION 96/1/V/VL - PORTION OF VANIER DRIVE (FORMERLY FULTON STREET) - HALLMAN IDLEWOOD LTD. - FAIRVIEW WARD (CONT'D) could ultimately be added to the same parking lot had been valued at $3.00 per sq. ft. On motion by Councillor J. Ziegler - it was resolved: "That Planning and Development Staff Report PD 96/61 (Lane Application LA 9611NNL - proposed closure of a portion of Vanier Drive, formerly Fulton Street) be deferred and referred to the September 9, 1996 Planning and Economic Development Committee meeting for consideration, and further That prior to the Committee meeting, staff undertake further negotiation of fair market value with the applicant and also determine if either of the 2 neighbourhood schools have an interest in acquiring this remnant parcel of land." DELEGATION - 350-356 DUKE STREET WEST - 122-132 WELLINGTON STREET NORTH - PROPERTY STANDARDS BY-LAW & ENFORCEMENT - BRIDGEPORT-NORTH WARD Ms. Suzanne Taylor appeared as a delegation and advised that she was a tenants advocate and regularly deals with landlord tenant issues. She read a prepared submission to the Committee describing the conditions for tenants occupying the properties known as 350-356 Duke Street West and 122-132 Wellington Street North and requesting assistance from the City to have deficiencies rectified through enforcement of the property standards by-law. Following Ms. Taylor's presentation, Councillor John Smola indicated that he would propose a motion to commence action in response to the delegations request. In response to Councillor G. Lorentz, Mr. J. Witmer advised that staff would be investigating the history of this issue and discussing how such occurrences could be avoided in future. Councillor Jake Smola suggested that Council should consider talking about enforcement strategies within an in-camera session. Councillor John Smola requested that the matter raised by Ms. Taylor be left with staff to investigate and report to Council. Mayor R. Christy entered the meeting at this point. On motion by Councillor John Smola - it was resolved: "That the Department of Planning and Development be directed to organize an enforcement team consisting of representatives from planning, building, fire, public health, etc. to inventory the condition of the properties municipally addressed as 350-356 Duke Street West and 122-132 Wellington Street North and also be directed to take any required enforcement action under the Property Standards By-law by September 13, 1996." PD 96~62 - 709 FREDERICK STREET - ZONE CHANGE APPLICATION 96/11/F/JW - G. & P. HESS - CENTRE WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from G. & P. Hess to change the zoning of lands known municipally as 709 Frederick Street. The purpose of the zone change application is to revise the special use provision to permit new commercial uses within a portion of the building formerly occupied by Veterinary Services (Blue Cross Animal Hospital). In this regard, the Committee considered Planning and Development Staff Report PD 96/62 dated July 11, 1996 and the proposed by-law dated July 2, 1996 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. 3. PD 96~62 - 709 FREDERICK STREET PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 6, 1996 - 110 - CITY OF KITCHENER - ZONE CHANGE APPLICATION 96/11/F/JW - G. & P. HESS - CENTRE WARD (CONT'D) No delegations were in attendance regarding this matter. Mr. L.W. Neil advised the Committee that Mrs. Gladyes Miehm was registered as a delegation to make a presentation but was unable to attend the meeting for health reasons. She had requested the Committee be advised that the views outlined in her previous correspondence had not changed and that she did not want the parking lot extended in front of the property nor use of the lawn in front of the building for parking purposes. In addition, she advised that the Thompson's were not available to attend the meeting but were of the same view point. Mr. J. Willmer advised that staff had nothing further to add to the report under consideration. He indicated that the intended purpose of the zone change did not require expansion of the parking area but indicated that staff feel parking in the front is preferable. Councillor Jake Smola noted that vehicles were parking on the front lawn and questioned if something could be included within the conditions to restrict vehicles from using the front lawn for parking. Mr. J. Willmer replied that if the history of vehicles using the front lawn for parking purposes was substantiated Council could require a barrier be put in place to contain parking within the designated parking lot. Councillor Jake Smola was of the view that the application should be deferred and that staff be requested to contact the applicant to discuss issues of concern while he would undertake to contact Mrs. Miehm to discuss her concerns. On motion by Councillor Jake Smola - it was resolved: "That action on the following recommendation be deferred and referred to the August 12, 1996 Council meeting for consideration: That Zone Change Application ZC 96/11/F/JW (G. & P. Hess) rezoning 709 Frederick Street to revise Special Use Provision 182U by deleting Veterinary Services and adding Office, be approved in the form shown in the attached "Proposed By-law", dated July 2, 1996, subject to the following conditions being satisfied prior to any readings of the By-law by Council: That the Owner arrange for notification, by letter from the Regional Municipality of Waterloo to the City Clerk, that Regional requirements for an entrance permit have been satisfied with respect to the proposed zone change; That the Owner submit a parking plan and receive approval thereof from the Director of Traffic and Parking Services; That the Owner construct the parking area and delineate parking spaces in accordance with the approved plan, to the satisfaction of the Director of Traffic and Parking, or alternatively that the Owners submit to the Manager of Design, Heritage and Environment a letter of credit in an amount sufficient to guarantee the construction of the parking area in accordance with the approved plan. The Owner acknowledges that Conditions 1, 2 and 3 are required to be satisfied no later than 7 months from the day of Council having approved by resolution Zone Change Application 96/11/F/JW. In the event this requirement is not fulfilled within the 7 month period, Council shall consider rescinding its Zone Change approval. 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 96~55 - NORTHWEST CORNER OF OTTAWA STREET SOUTH/WESTMOUNT ROAD - MUNICIPAL PLAN AMENDMENT APPLICATION 96/4/W/JG - REVISION TO VALLEYVIEW ROAD - HOWE DRIVE COMMUNITY PLAN PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 6, 1996 - 111 - CITY OF KITCHENER - ZONE CHANGE APPLICATION 95/25/W/JG - 1065146 ONTARIO LIMITED - SOUTH WARD The Committee was advised that the Department of Planning and Development was in receipt of applications from 1065146 Ontario Limited to amend the official plan and change the zoning of a parcel of land located at the northwest intersection of Ottawa Street South and Westmount Road which is presently vacant. The municipal plan amendment and the zone change application propose to change the designation from High Rise Residential to Neighbourhood Commercial and the zoning from R-9 to CR-1 to permit the development of the site for a mixture of commercial/retail/office uses. In concert with these applications a revision to the Valleyview Road - Howe Drive Community Plan is also proposed. In this regard the Committee was in receipt of Planning and Development Staff Report PD 96/55 dated June 28, 1996 and a proposed by-law dated June 24, 1996 attached to the report. Also attached to the staff report was the actual amendment to the municipal plan. The staff report notes that the lands around the Ottawa Street/VVestmount Road intersection are identified as a secondary node in the City's Municipal Plan and discusses the applications in relation to the secondary nodal policies. It was also pointed out in the report that the key use contemplated by the owner is a small food store and associated national training centre for franchise owners with other optional commercial uses being available. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Ms. J. Given advised that staff had nothing further to add to the report under consideration and proceeded to explain the purpose of the applications and related issues as discussed in detail within the staff report. Mr. lan MacNaughton and Ms. Carol Wiebe, MacNaughton Hermsen Britton Clarkson Planning Limited and Mr. Greg Voisin of M & M Meat Shops Limited were in attendance in regard to their applications and the community plan revision. Mr. lan MacNaughton appeared as a delegation to advise that he was in support of the recommendations contained in the staff report and expressed thanks to staff for their work in this regard. He pointed out that the residential area within a small radius of the site has approximately 860 townhouse and apartment units in close proximity. He suggested that given the density levels the proposed use of his clients lands was a more appropriate use than the existing zoning which would allow a very large apartment building to be erected on the subject lands. He noted that by means of the applications, M & M Meat Shops wishes to establish a flag ship operation to accommodate its corporate offices and commented that the proposed use fits well with the City's nodal policies. Mr. Greg Voisin appeared as a delegation and advised that M & M Meat Shops has been looking for a training centre for sometime and has been using the Forest Hill store for this purpose for some years. He indicated that with the company opening between 30 & 40 stores per year expanded facilities for training purposes for both franchises and their employees was required. No other delegations responded to an invitation from the Chair to address the Committee on this matter. Councillor T. Galloway commented that he was supportive of the application and in response to a question he posed regarding traffic issues mentioned in the staff report, Mr. G. Voisin advised that they have already signed an agreement with the Region in regards to traffic issues. Councillor T. Galloway questioned if Mr. Voisin envisioned installing a pedestrian bridge link to the community behind the subject property and Mr. Voisin advised that this issue has not been discussed particularly in light of officials of the adjacent townhouse development expressing concern about a possible loitering behind the proposed development but adjacent to their property. PD 96~55 - NORTHWEST CORNER OF OTTAWA STREET SOUTH/WESTMOUNT ROAD - MUNICIPAL PLAN AMENDMENT APPLICATION 96/4/W/JG - REVISION TO VALLEYVIEW ROAD - HOWE DRIVE COMMUNITY PLAN - ZONE CHANGE APPLICATION 95/25/W/JG - 1065146 ONTARIO LIMITED - SOUTH WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 6, 1996 - 112 - CITY OF KITCHENER Councillor G. Lorentz referred to the issue of collision problems at the Ottawa Street/Westmount intersection and Ms. J. Given advised that the traffic impact study would address turning/access/egress movements in regards to the subject property. Councillor T. Galloway noted that the immediate area of the subject property had one of the highest densities in the City and commented that the proposed development was an excellent alternative to a twenty storey apartment building which could have been constructed on the site. On motion by Councillor T. Galloway - it was resolved: "1) That City Council recommend approval of Municipal Plan Amendment Application MP 96/4AN/JG - (1065146 Ontario Limited - Ottawa Street/Westmount Road) attached to Staff Report PD 96/55, being an amendment to the Municipal Plan to: Amend Map 5 to change the designation from High Rise Residential to Neighbourhood Commercial, as shown on Schedule "A". It is the opinion of this Committee that approval of this Amendment to the Municipal Plan is proper planning for the City. 2) That the Valleyview Road-Howe Drive Community Plan be revised as follows: That Map 1, General Land Use Map be revised to change the designation from High Density Multiple Residential to Neighbourhood Commercial, as shown on Map 1 attached, dated "Revised 1996 06". ii) That Policy 3.2.4 be deleted. iii) That a new Section, 3.8, be added as follows: "3.8 COMMERCIAL/RESIDENTIAL 3.8.1 That a Commercial/Residential site be located at the northwesterly intersection of Westmount Road and Ottawa Street which shall allow a full mixture of residential and commercial uses, including office and retail uses, in recognition of its location in a Secondary Node." It is the opinion of this Committee that approval of this revision to the Community Plan is proper planning for the City. 3) That Zone Change Application ZC 95/25AN/JG (1065146 Ontario Ltd.), requesting to change the zoning from R-9 to CR-1 with special use provision 225 and special regulation provisions 1 and 229, be approved in the form shown in the attached "Proposed By-law", dated June 24, 1996, subject to the following condition: i) To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk, that all Regional requirements have been satisfied with respect to the proposed development. ii) The owner acknowledges that Condition i) is required to be satisfied no later than seven (7) month from Council having approved the amending zoning by-law relative to the Zone Change Application 95/25AN/JG by resolution. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. PD 96~55 - NORTHWEST CORNER OF OTTAWA STREET SOUTH/WESTMOUNT ROAD - MUNICIPAL PLAN AMENDMENT APPLICATION 96/4/W/JG - REVISION TO VALLEYVIEW ROAD - HOWE DRIVE COMMUNITY PLAN - ZONE CHANGE APPLICATION 95/25/W/JG - 1065146 ONTARIO LIMITED - SOUTH WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 6, 1996 - 113 - CITY OF KITCHENER It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with a recommended Amendment to the City's Municipal Plan." PD 96/48 - PINNACLE DRIVE - ZONE CHANGE APPLICATION 96/5/P/LM - SUBDIVISION APPLICATION 30T-90029 (REVISED) - MONARCH CONSTRUCTION LTD. - SOUTH WARD The Committee was advised that the Department of Planning and Development was in receipt of applications from Monarch Construction Ltd. for zone change and subdivision with regard to approximately 15.12 hectares of land located generally to the west of Pinnacle Drive between existing Windrush Trail and future Thomas Slee Boulevard. In this regard the Committee was in receipt of Planning and Development Staff Report PD 96/48 dated July 4, 1996 and a proposed by-law dated June 25, 1996 attached to the report. It was noted in the report that the applicant intends to subdivide and rezone several "future development" blocks as well as make several modifications to the streets and lots within an existing draft approved plan of subdivision. The purpose of these modifications is to create residential lots within two previously unserviceable blocks and to allow for a road alignment which better preserves a large significant woodlot located immediately to the west of the subject lands. It was pointed out that notice that the Committee would hold a public meeting this date to consider these matters had previously been given. Mr. L. Masseo advised that staff had nothing further to add to the report under consideration. He briefly explained the purpose of the applications noting that the subdivision represented a modification to existing draft Plan of Subdivision 30T-90029 which was draft approved in 1993. Councillor T. Galloway questioned if the deepening of the sewer would bring in lands of other owners for development. Mr. D. Mansell stated that he believed there may be some lands involved but noted that the sewer was not being oversized at this time. Councillor Galloway questioned if the pipe had been sized to accept pumped sewage and Mr. D. Mansell advised that staff were reviewing this issue. Mr. Glenn Scheels appeared as a delegation on behalf of Monarch Construction Limited to advise of his clients support for the recommendations in the staff report and answer any questions in respect to this application. Councillor T. Galloway questioned if any approach had been made to Monarch Construction by adjacent land owners requesting access to the sewer pipe. Mr. Scheels confirmed that an approach had been made and that was part of the basis for deepening of the pipe; however, he noted that they had only considered what could be done by gravity flow. No other delegations responded to an invitation from the Chair to address the Committee on this matter. On motion by Councillor T. Galloway - it was resolved: 'A. That Zone Change Application 96/5/P/LM (Monarch Construction Limited) requesting a change in zoning from Agricultural Zone (A-l), Residential Three Zone (R-3) and Public Park Zone (P-l) according to By-law 85-1 to Residential Three Zone (R-3), Residential Four Zone (R-4), Public Park Zone (P-l) and Hazard Land Zone (P-3) according to By-law 85-1, on Part of Lot 8, Beasley's Old Survey, Part of Biehn's Unnumbered Tract, be approved in the form shown in the attached Proposed By-law dated June 25, 1996, subject to the Subdivision PD 96/48 - PINNACLE DRIVE - ZONE CHANGE APPLICATION 96/5/P/LM - SUBDIVISION APPLICATION 30T-90029 (REVISED) - MONARCH CONSTRUCTION LTD. - SOUTH WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 6, 1996 - 114 - CITY OF KITCHENER Conditions contained in recommendation (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. That Subdivision Application 30T-90029 (Revised - Monarch Construction Limited) be recommended to the Regional Municipality of Waterloo for draft approval, subject to the following conditions: That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions be written therein: The Subdivider covenants and agrees: 51. That the final plans for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated July 4, 1996, provided that minor amendments to said plan, acceptable to the General Manager of Planning and Development, and not affecting the numbering of any lots or blocks may be permitted without an amendment to this agreement. Any changes affecting the numbering of lots or blocks shall require an amendment to this agreement to reflect such changes. 52. That the subdivision shall be registered in three (3) stages, with Stage 2 consisting of Lots 1 to 33 inclusive and Blocks 34 to 39 inclusive, Stage 3 consisting of Lots 1 to 36 inclusive and Blocks 37 to 46 inclusive, and Stage 4 consisting of Lots 1 to 80 inclusive and Blocks 81 to 89 inclusive. Further, the Subdivider agrees that the Plan of Subdivision shall be registered in accordance with the following: a) Stage 2 shall be registered first; b) Stage 3 may be registered concurrently with or at any time subsequent to the registration of Stage 2; and c) Stage 4 may be registered concurrently with or at any time subsequent to the registration of Stage 3. Further, that in the event that Stages 2, 3 and 4 are developed and registered concurrently, Condition 66 and some or all of Blocks 38 and 39 (Stage 2) and Blocks 45 and 46 (Stage 3) shall not be required. 53. To submit a Lot Grading and Drainage Control Plan for approval of the General Manager of Public Works, in consultation with the City's Department of Parks and Recreation and the Grand River Conservation Authority, prior to the City's release of each stage of the Subdivision Plan for registration. 54. That prior to any grading or construction on the site and prior to the City's release of each stage of the Plan for registration, to submit for the approval of the General Manager of Public Works, in consultation with the City's Department of Parks and Recreation and the Grand River Conservation Authority, a detailed engineering design for storm water management in accordance with the approved concept plan. Said engineering design shall include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases PD 96/48 - PINNACLE DRIVE - ZONE CHANGE APPLICATION 96151PILM - SUBDIVISION APPLICATION 30T-90029 (REVISED) - MONARCH CONSTRUCTION LTD. - SOUTH WARD (CONT'D) of grading and construction. The Subdivider further agrees to implement all PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 6, 1996 - 115 - CITY OF KITCHENER 55. 56. 57. 58. required measures as outlined in the approved final design. That construction traffic to and from the proposed subdivision shall be restricted to using the existing temporary access road together with Autumn Ridge Trail and/or Thomas Slee Boulevard to New Dundee Road. 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. To make satisfactory financial arrangements with the General Manager of Public Works for the construction of 1.5 metre wide concrete sidewalks: a) along both sides of Autumn Ridge Trail, Thomas Slee Drive, Saddlewood Drive, and Ridgemount Street; b) along the northerly side of Woodcrest Court between Autumn Ridge Trail and Walkway Block 38 (Stage 3) and along the southerly side of Woodcrest Court across the flankages of Lot 36 (Stage 3) and Lot 20 (Stage 4); and c) along the southerly side of Timber Ridge Court between Saddlewood Drive and Walkway Block 84 (Stage 4). To obtain, from the Grand River Conservation Authority, if necessary, a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 149 as amended by 69/93 and 669/94, prior to on-site grading, the installation of services and prior to the City's release of any stage of the Subdivision Plan for registration. 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's releasing each stage of 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 Department of Public Works to proceed with said grading; c) to implement and be responsible for providing all information contained in the approved Detailed Vegetation Plan, Tree Preservation/Enhancement Plan (if applicable), to all of his heirs, executors, administrators, successors and assigns in order to ensure that the requirements outlined in said plan(s) are carried out as specified; PD 96/48 - PINNACLE DRIVE - ZONE CHANGE APPLICATION 96151PILM - SUBDIVISION APPLICATION 30T-90029 (REVISED) - MONARCH CONSTRUCTION LTD. - SOUTH WARD (CONT'D) d) A Tree Preservation/Enhancement Plan will be required for those lots PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 6, 1996 - 116 - CITY OF KITCHENER 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 the "Guide for Plant Appraisal" International Society of Arboraculture, Latest Edition. Tree replacements are to be located on the same lot or block as the tree requiring removal or to a location within the subdivision requiring enhancement. Furthermore, such remedial measures or tree replacements shall be approved by the Department of Planning and Development and shall be satisfactorily implemented prior to occupancy of the unit or due to weather conditions by the next planting season. 59. 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) b) c) d) e) Blocks 34 and 35 (Stage 2) for public park purposes; Blocks 36 and 37 (Stage 2) for municipal services and storm drainage purposes; Block 37 (Stage 3) and Blocks 81 and 82 (Stage 4) for open space purposes; Block 83 (Stage 4) for storm water management purposes; and Blocks 38 and 39 (Stage 2), Blocks 43, 44, 45 and 46 (Stage 3), and Blocks 86, 87, 88 and 89 (Stage 4) for 0.3 metre reserves. 60. To dedicate to the City of Kitchener through plan registration, the following lands for the purposes stated therein: a) b) Blocks 38, 39 and 40 (Stage 3), and Block 84 (Stage 4) for public walkway purposes; and Blocks 42 (Stage 3) and Block 85 (Stage 4) for public highway purposes. 61. To upgrade existing Pinnacle Drive immediately abutting the Plan of Subdivision as Part of Stage 4 development to the satisfaction of the City's General Manager of Public Works. 62. To monitor the water quality control performance of the School Creek Storm Water Management Pond within Block 127 of Registered Plan 1710 during the construction of all lands within Stages 2, 3 and 4 of the Plan of Subdivision which drain to this facility. Further, the Subdivider agrees to PD 96/48 - PINNACLE DRIVE - ZONE CHANGE APPLICATION 96/5/P/LM - SUBDIVISION APPLICATION 30T-90029 (REVISED) - MONARCH CONSTRUCTION LTD. - SOUTH WARD (CONT'D) install at it's expense, any required remedial measures for quality control to the satisfaction of the General Manager of Public Works. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 6, 1996 - 117 - CITY OF KITCHENER 63. To construct Thomas Slee Boulevard within the limits of the Plan together with the re-alignment of Pinnacle Drive at the intersection with Thomas Slee Boulevard within the lands immediately to the south. The Subdivider agrees that the extension of Thomas Slee Boulevard through the lands to the south of the subject lands to connect to Pinnacle Drive along the final alignment is dependent upon either the dedication of the lands as public highway through Plan of Subdivision or by conveyance of the lands to the City without cost and free of encumbrance by the owner thereof together with an opening by- law to be passed by City Council. Prior to the issuance of any building permits for Stage 4 of the Plan of Subdivision, the Subdivider agrees that the remaining portion of Thomas Slee Boulevard shall be dedicated to the City and shall be open to public vehicular traffic, all in a manner acceptable to the General Manager of Public Works. 64. To install a permanent 1.2 metre high, paige wire fence or an alternate marking system to the satisfaction of the City's General Manager of Parks and Recreation along the flankage and/or rear property lines of Lots 1 to 33 and Block 37 (Stage 2), Lots 1 to 3 and 5 to 18 (Stage 3), and Lots 1 to 19 (Stage 4) all inclusive where such lots lines abut open space. 65. That the temporary access road constructed as a requirement for Stage 1 of the Plan of Subdivision (Registered Plan 1801) continue to be used for vehicular traffic in conjunction with the permanent street network constructed consecutively for Stages 2 and 3. Further, that the City agrees to Quit Claim the existing easement over the temporary access road upon the completion of the permanent road network within each of the consecutive Stages of development. 66. To re-align the temporary access road within Stages 3 and 4 of the Plan of Subdivision to a level acceptable to the General Manager of Public Works, particularly with respect to road geometrics in order that the temporary road connects with the permanent alignment of Autumn Ridge Trail, during the construction of Stages 2 and 3 respectively. The re-aligned temporary access road shall be constructed to City standards save and except for a concrete sidewalk and shall include temporary street lighting. The Subdivider further agrees to provide an easement to the City for the lands on which the re-aligned temporary road shall be located. The City agrees to Quit Claim said easement upon the completion of the permanent road network within Stages 3 and 4. 67. To convey Block 41 (Stage 3) to the owner of the abutting property to the east, at fair market value, for the purposes of an access route for future residential development within $ years of registration of the final approval of Stage 3 of the Plan of Subdivision. 68. That the parkland dedication for the Subdivision as required by the Planning Act has been satisfied through the conveyance of Block 16, Registered Plan 1801 as Neighbourhood Park. The Subdivider further agrees that 0.08 hectares of Block 35 (Stage 2) shall constitute replacement of the neighbourhood park area to be dedicated by the City of Kitchener to facilitate the re-alignment of Windrush Trail within Block 16, Registered Plan 1801, with the remaining 0.31 hectares of Block 35 (Stage 2) to be purchased by the City of Kitchener at fair market value as additional parkland. The fair market value of the parkland to be acquired PD 96/48 - PINNACLE DRIVE - ZONE CHANGE APPLICATION 96/5/P/LM - SUBDIVISION APPLICATION 30T-90029 (REVISED) - MONARCH CONSTRUCTION LTD. - SOUTH WARD (CONT'D) by the City shall be determined by the City's Land Purchasing Officer and the negotiated amount shall be paid to the Subdivider at the time of conveyance PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 6, 1996 - 118 - CITY OF KITCHENER of Block 35 (Stage 2). 69. To install 1.2 metre high temporary snow fencing along the limits of residential lots and Windrush Trail which abut Block 37 (Stage 3) and Blocks 81 and 82 (Stage 4). The Subdivider shall be responsible for installing appropriate signs every 45 metres noting that there shall be no dumping in this area. The installation of the signs shall be to the satisfaction of the City's Manager of Design, Heritage and Environment and shall be erected prior to any area grading or building permits being issued. The Subdivider shall be held liable and responsible for the removal of all material dumped in this area and the temporary fencing shall be removed following completion of all construction within each respective Plan stage. 70. That as part of the development of Stage 2 to make satisfactory arrangements with the City's Department of Public Works for the extension of a watermain from the south for secondary water supply purposes prior to the issuance of any building permits for Stage 2. 71. To undertake any measure required to ensure proper water pressure to the proposed development, to the satisfaction of the City's Chief Building Official. 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 96/5/P/LM (Monarch Construction Limited) not be presented to City Council until Subdivision Application 30T-90029 (revised) has received Regional Draft 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 the lands within Stages 2, 3 and 4 of the proposed Plan of Subdivision be released from Instrument Number 1213671, being a Subdivision Agreement between the City of Kitchener, Kitchener-Wilmot Hydro and Monarch Construction Limited, pertaining to the approval of the Stage 1 lands known as Registered Plan 1801 ." PD 96~63 - HOMER WATSON BLVD. SOUTH OF BLOCK LINE RD. EXTENSION - REQUEST FOR APPROVAL OF STREET NAME - SUBDIVISION APPLICATION 30T-93007 - DGF INVESTMENTS LIMITED - FAIRVIEW WARD The Committee was in receipt of Planning and Development Staff Report PD 96/63 dated July 25, 1996 dealing with a street name proposed by DGF Investments Limited for Draft Plan of Subdivision 30T-93007. It was noted in the report that the applicant had requested the name Homer Watson Place but that such name was not in compliance with Council Policy 1-680, Clause 5. Accordingly, the owners second choice of Homer Watson Valley Place has been discussed and recommended by staff. The proposed road is located on the east side of Homer Watson Boulevard south of the Block Line Road extension. No delegations were registered respecting this matter. PD 96~63 - HOMER WATSON BLVD. SOUTH OF BLOCK LINE RD. EXTENSION - REQUEST FOR APPROVAL OF STREET NAME - SUBDIVISION APPLICATION 30T-93007 - DGF INVESTMENTS LIMITED - FAIRVIEW WARD (CONT'D) Councillor T. Galloway advised that he would not support the requested name on the basis that the area has no connection to that normally associated with the name Homer Watson and insisted that the name should be used in an appropriate location reflective of Homer Watson. Councillor K. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 6, 1996 - 119 - CITY OF KITCHENER Redman also stated that she was opposed to the proposed name. Councillor J. Ziegler stated that he supported the proposed name as the street was adjacent to Homer Watson Boulevard and was also adjacent to a valley area. On motion by Councillor G. Lorentz - it was resolved: "That City Council approve the following proposed street name for Draft Plan of Subdivision 30T-93007 (DGF Investments Ltd.): Street A - Homer Watson Valley Place" PD 96~70 - ADAPTIVE REUSE COMMITTEE RECOMMENDATION - REVISED TERMS OF REFERENCE The Committee was in receipt of Planning and Development Staff Report PD 96/70 dated July 25, 1996 dealing with a recommendation passed at the Adaptive Reuse Committee meeting held June 26, 1996. On motion by Councillor M. Wagner - it was resolved: "That, Whereas the Adaptive Re-use Committee has, for the most part, completed its Mission and Action Plan identified in its Terms of Reference approved by Council, And Whereas, all the Committee's and City Council's adaptive re-use initiatives have been widely publicized and distributed as a result of the Committee's June 12, 1996, Symposium, And Whereas, it is felt by the Committee that these initiatives should now be institutionalized as represented by new attitudes and new processes throughout the various Departments and staff of the City of Kitchener, And Whereas, the strength and dynamics of the present Adaptive Re-use Committee members is deemed most desirable to continue for future Committee endeavours, however, it is recognized by the City that the voluntary time commitment by the private sector members is unlikely to be long term. It Be Therefore Resolved, that the Adaptive Re-use Committee now become a 'stand-by' Committee with meetings only called when deemed necessary, by the Chairman in consultation with the General Manager of Planning & Development. The primary mandate and role of this stand-by committee shall now be: monitoring the implementation and success levels of past re-use initiatives discussing and recommending new initiatives/policies for adaptive re-use to Council updating the list of re-use sites to be targeted assisting proponents in balancing the interests and goals of both heritage protection and adaptive re-use flexibility." LETTER - 295 HIGHVIEW DRIVE / TRUSSLER ROAD - REQUEST TO WAIVE ENFORCEMENT OF THE SIGN BY-LAW - FORESTVIEW BIBLE CHURCH - FOREST WARD The Committee was in receipt of a letter dated July 30, 1996 from Ms. Mary Murphy, Co-ordinator for the community BBQ fundraiser on behalf of the Forestview Bible Church, 295 Highview Drive. The church requests permission to allow the erection of two display signs for an event in connection with a Labour Day BBQ and events preceding the Christmas season. On motion by Mayor R. Christy - it was resolved: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 6, 1996 - 120 - CITY OF KITCHENER "That subject to the signs being placed in a location acceptable to City staff, enforcement of the City's Sign By-law be waived in accordance with the request and details contained in the letter, dated July 30, 1996, from Mary Murphy on behalf of the Forestview Bible Church, 295 Highview Drive relating to the following: placement until September 2, 1996 of an A-frame sign (approx. 3.5' by 1.5') on the church property to promote their annual Community BBQ fundraiser being held September 2, 1996 ii) placement of a mobile sign for one month, approximately November 23 to December 23, 1996, on the church property to promote special Christmas events." PD 96/51 - 890 KING STREET WEST - ZONE CHANGE APPLICATION 94/06/K/CL - DR. V.B. RAO - BRIDGEPORT-NORTH WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from Dr. V.B. Rao to change the zoning of lands known municipally as 890 King Street East. In this regard, the Committee was in receipt of Planning and Development Staff Report PD 96/51 dated June 4, 1996 and a proposed by-law dated June 12, 1996 attached to the report. It was noted in the report that the applicant proposes to rezone the subject lands located at the northwest corner of King Street West and Pine Street to legally allow the vacant lands to continue to be used as an accessory parking lot for a health clinic, on an interim basis, until the lands are developed in 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. The Committee was advised that staff had nothing further to add to the report under consideration. No delegations responded to an invitation from the Chair to address the Committee on this matter. The Committee was circulated with a letter from Dr. V.B. Rao dated July 16th and received by fax August 2 written in support of the proposed zoning by-law. On motion by Councillor John Smola - it was resolved: "That Zone Change Application ZC 94/06/K/CL (Dr. V.B. Rao), adding special use provision 203 to the CR-1 Zone at 890 King Street West, be approved in the form shown in the attached "Proposed By-law", dated June 12, 1996, subject to the following conditions: That the Owner arrange for notification, by letter from the Regional Municipality of Waterloo to the City Clerk, that Regional requirements for the conveyance of a daylight triangle, access permit and approval of a drainage and grading control PD 96/51 - 890 KING STREET WEST - ZONE CHANGE APPLICATION 94/06/K/CL - DR. V.B. RAO - BRIDGEPORT-NORTH WARD (CONT'D) plan and stormwater management plan have been satisfied with respect to the proposed zone change; That a detailed Grading and Drainage Control Plan be prepared showing drainage details for the subject property, abutting properties and public rights-of-way so as to ensure compatible drainage, and to show thereon all existing and proposed connections to the municipal storm sewer; and to obtain approval thereof from the City's General Manager of Public Works and the Regional Municipality of Waterloo. 3. That a detailed engineering design for storm water management be submitted to the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 6, 1996 - 121 - CITY OF KITCHENER 10. City's General Manager of Public Works and the Regional Municipality of Waterloo and to obtain approval thereof or an exemption from this requirement. That a Landscape Plan showing planting and surfacing details for all areas indicated on the parking plan and for the portion of all adjacent public property located between the sidewalks, curbs or streets and the Owner's property line and to obtain approval thereof from the City's Manager of Design, Heritage & Environment. The Owner acknowledges that Conditions 1 to 5 are required to be satisfied no later than 7 months from the day of Council having approved by resolution Zone Change Application 94/06/K/CL. In the event this requirement is not fulfilled within the 7 month period, Council shall consider rescinding its Zone Change approval. 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 96/71 - INFORMATION REPORT: PIONEER TOWER WEST - ONTARIO MUNICIPAL BOARD PRE HEARING CONFERENCE - SOUTH WARD 11. 11. The Committee was in receipt of Planning and Development Staff Report PD 96/71 dated August 1, 1996 which was prepared for information purposes only. The report deals with the Pioneer Tower West area and the matter of an Ontario Municipal Board Prehearing Conference in regards to referrals to the City's new Municipal Plan and Official Plan Amendment, Zone Change Applications and Plans of Subdivision affecting the Pioneer Tower West area. It was noted in the staff report that in recognition of the number and complexity of issues before the OMB and in recognition of the number of parties that will be involved in a future hearing(s), the OMB has scheduled a prehearing conference on August 21, 1996 commencing at 10:30 a.m. in the Council Chambers, Kitchener City Hall. On motion by Councillor M. Yantzi - it was resolved: "That we receive for information Planning and Development Staff Report PD 96/71 regarding an OMB Prehearing Conference for: a) Referrals to the City's new Municipal Plan; b) Official Plan Amendment, Zone Change Applications and Plans of Subdivision for Pioneer Tower West" PD 96~69 - INFORMATION REPORT: 584-594 PIONEER TOWER ROAD - MUNICIPAL PLAN AMENDMENT APPLICATION 96151PIJG - ZONE CHANGE APPLICATION 961201PIJG - GRAND RIVER CONSERVATION AUTHORITY - SOUTH WARD The Committee was in receipt of Planning and Development Staff Report PD 96/69 dated July 26, 1996 which was prepared as an information report only. The Department has received applications from the Grand River Conservation Authority to amend the Municipal Plan PD 96~69 - INFORMATION REPORT: 584-594 PIONEER TOWER ROAD - MUNICIPAL PLAN AMENDMENT APPLICATION 96151PIJG - ZONE CHANGE APPLICATION 961201PIJG - GRAND RIVER CONSERVATION AUTHORITY - SOUTH WARD (CONT'D) designation and the zoning on its lands at the end of Pioneer Tower Road, comprised of approximately 35 acres in size, municipally known as 584-594 Pioneer Tower Road. Reference was made in the report to the prehearing conference of the OMB scheduled for August 21, 1996 and the fact that at that time it was expected that the Board would be asked to include the appeal of the Grand River Conservation Authority lands in future proceedings. Councillor T. Galloway commented that he was disturbed by the actions of the Grand River Conservation Authority at such a late stage in the development process and noted that City staff had been working hard to avoid delays in respect to development planning for the Pioneer Tower West area. Further, he commented that it would appear the GRCA has identified various properties for disposition; however, he had never considered the GRCA to be a profit oriented PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 6, 1996 - 122 - CITY OF KITCHENER 12. developer particularly when their lands were in the City's Official Plan as Open Space. On motion by Councillor J. Ziegler - it was resolved: "That we receive for information Planning and Development Staff regarding: - Municipal Plan Amendment Application MP 96/5/P/JG - Zone Change Application ZC 961201PIJG - Grand River Conservation Authority - 584-594 Pioneer Tower Road" Report PD 96~69 PD 96~76 - 963 DOON VILLAGE ROAD - APPEAL OF COMMITTEE OF ADJUSTMENT DECISION - CONSENT APPLICATION B 41/96 - SOUTH WARD The Committee was in receipt of Planning and Development Staff Report PD 96/76 dated August 6, 1996 distributed at the meeting this date. The report deals with Consent Application B-41/96 which seeks approval to sever a parcel of land from the property addressed as 963 Daan Village Road to create an additional building lot for a new residential dwelling. It is the opinion of the Department of Planning and Development that approval of the application will compromise the proper consideration of options through the Environmental Assessment process and the Department had recommended to the Committee of Adjustment that the application be deferred until after the EA process has been completed approximately June 1997. However, the Committee of Adjustment has recommended approval of the consent application and the Department recommends that City Council appeal the decision of the Committee of Adjustment on the basis outlined in PD 96/76 and the comments contained in the detailed staff report to the Committee of Adjustment. Ms. J. Given advised that staff had nothing further to add to the report under consideration and stressed that the severance was premature and staff recommend deferral to June 1997. Councillor T. Galloway questioned if a building permit could be withheld subject to the Environmental Assessment process if Council was to allow the severance. Mr. J. Shivas advised that the EA process could not be used to withhold issuance of a building permit. On motion by Councillor M. Yantzi - it was resolved: "That Council appeal the Committee of Adjustment decision on Consent Application B- 41/96 (963 Daan Village Road) to the Ontario Municipal Board." 13. OTTAWA STREET SOUTH - COUNTRYSIDE SUBDIVISION INCOMPLETE SERVICES - SOUTH WARD Councillor T. Galloway advised that he had requested that the issue of incomplete services affecting the Countryside Subdivision development on Ottawa Street South be added to the agenda for discussion and possible direction to staff. Councillor Galloway noted that the first phase of the subdivision was approximately 80% complete but that the developer has not completed the required servicing and residents were becoming impatient since some have occupied their homes for 5 years. He indicated that it was his understanding the subdivision agreement included a letter of credit that he thought would address incomplete servicing but has since found out details of what the letter of credit actually covers and he would like to address the matter to seek service completion. Councillor Galloway pointed out that the City was in receipt of a zone change application from the developer for the next phase of the subdivision and requested comment from staff in this regard. Ms. C. Ladd advised that the developer has submitted a zone change for another parcel of land PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 6, 1996 - 123 - CITY OF KITCHENER and explained that the zone change was backed by a bank and that processing would enable the developer to carry on with the companies obligations. She noted that Public Works staff were meeting with the developer to bring about completion of incomplete services in Phase 1. Councillor T. Galloway expressed concern that it appears the City does not have sufficient security to finish subdivisions where developers are unable to do so or choose not to do so and suggested that staff should review how the City could obtain a better level of security to cover such eventualities. Mr. D. Mansell advised that the matter of servicing of subdivisions not being completed had only happened twice during the years he had been employed by the City where it had become necessary to exercise the letter of credit. Mr. Mansell pointed out that there is a Continuous Improvement Process Team looking at the issue referred to by Councillor Galloway and he suggested that the concerns of Councillor Galloway be forwarded to the continuous improvement subdivision agreement team for consideration as part of their development agreement review. In response to Councillor K. Redman, Mr. D. Mansell described the process to resolve unfinished subdivision issues and noted that if the City would proceed to cash the letter of credit, the subdivision would then stand in default and all further subdivision work would stop and this would not necessarily be in everyone's best interest. 14. ADJOURNMENT On motion, the meeting adjourned at 6:15 p.m. L.W. Neil, AMCT Assistant City Clerk