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HomeMy WebLinkAboutPlng & Econ Dev - 1996-05-27PED\1996-05-27 MAY 27, 1996 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:40 p.m. under Councillor C. Weylie, Chair, with the following members present: Councillors John Smola, K. Redman, T. Galloway, M. Yantzi, M. Wagner and Jake Smola. Mayor R. Christy and Councillors G. Lorentz, B. Vrbanovic and J. Ziegler entered the meeting after its commencement. Officials present: Ms. C. Ladd, J. Given, S. Frenette, P. MacPherson and Messrs. T. McKay, T. McCabe, B. Stanley, J. Shivas, R. Mattice, J. Willmer, T. Boutilier, V. Labreche, J. Witmer, K. Mayer and L.W. Neil. 1. PD 96~35 - STRASBURG CREEK MASTER WATERSHED ADDENDUM The Committee was in receipt of Planning and Development Staff Report PD 96/35 dated May 14, 1996 regarding an addendum to the Strasburg Creek Master Watershed Study. It was noted in the report that on September 15, 1995 Planning and Economic Development Committee considered Staff Report PD 95/29 dealing with the Huron Environmental Area Cooperative Project and the Huron Park Adjacent Land Use Study. All recommendations of the report were approved with the exception of approval of the addendum to the Strasburg Creek Master Watershed Study which was deferred to enable further discussions to take place between the K-W Homebuilders, the GRCA and the Public Works Department. These discussions have now concluded resulting in changes to the addendum acceptable to all parties. The addendum was also forwarded to Regional staff for their review and regional comments have been incorporated into the addendum. Mr. B. Stanley advised that staff had nothing further to add to the report under consideration. He did note that the matter had been considered by the Environmental Committee in 1995 before it was dealt with by the Planning and Economic Development Committee. Mr. Stanley stated that subsequently it was necessary that a few items of a technical nature be resolved and with these completed the document has received endorsement from all parties. On motion by Councillor T. Galloway - it was resolved: "That Council approve the Strasburg Creek Master Watershed Addendum attached to Planning and Development Staff Report PD 96/35 and that the Sections 2.0 to 5.0 of the Implementation Report for the Strasburg Creek Master Watershed Plan be amended accordingly." PD 96/44 - STREET TOWNHOUSE DWELLINGS - REAR YARD ACCESS PROVISIONS AND REQUIREMENTS The Committee was in receipt of Planning and Development Staff Report PD 96/44 dated May 21, 1996 discussing the issue of rear yard access provisions and requirements for street townhouse dwellings. It was pointed out in the report that it had been prepared following reference by Councillor Jake Smola to a situation in Stanley Park Ward where in a block of four street fronting townhouses the middle dwellings had rear yards that were landlocked with the only means of access being through the dwelling. Mr. B. Stanley advised that staff have evaluated the situation and recommend that staff work informally with the development industry to obtain rear yard access where appropriate. Councillors G. Lorentz and B. Vrbanovic entered the meeting at this point. Mr. V. Labreche illustrated the problem of lack of rear yard access and advised that staff had discussed three approaches as possible solutions. Other municipalities were surveyed in this regard. He noted that rear yard access could be achieved by: a requirement for rear lot line easements and rights-of-way, a requirement for a door at the rear of attached garages leading directly into the rear yard or a requirement for rear yard fencing in gates where lots back onto parks and open spaces. Mr. Labreche pointed out that in all three scenarios legal agreements would have to be put in place and that most municipalities were of the view that such regulations should not be in the zoning by-law. Staff favour the matter being dealt with through staff bringing the concern to the attention of the property developers/builders. In response to Councillor Jake Smola, Mr. Labreche advised that the Fire Department was appreciative of any MAY 27, 1996 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 77 - CITY OF KITCHENER PD 96/44 - STREET TOWNHOUSE DWELLINGS - REAR YARD ACCESS PROVISIONS AND REQUIREMENTS (CONT'D) additional access but its preference was for right-of-way access. He also noted that the situation only occurs in R-6 zones and up. Councillor J. Ziegler entered the meeting at this point. Councillor Jake Smola expressed appreciation for the manner in which the concern was dealt with in the staff report but stated that he would like to see something by way of regulation that would make it a little more onerous for builders so as to ensure that the matter was addressed in new housing development. Councillor J. Ziegler suggested that all three methods could be put forward as alternatives for access to townhouses with the option for a builder to select the appropriate method or otherwise formally seek relief from the Committee. Mr. T. McCabe advised that the Homebuilders Association objects to further government involvement within the industry and he pointed out that the City had removed design regulations from a previous zoning by-law as such regulations were seen as very restrictive. Councillor Jake Smola stated that his intention was that rear yard access be required without attaching design specifics in that regard. On motion by Councillor J. Ziegler - it was resolved: "That further to Staff Report PD 96/44 discussing rear yard access provisions and requirements for street townhouse dwellings, the Department of Planning and Development be requested to prepare a staff report identifying how access shall be required." PD 96~27 - 47 ELLIS AVENUE - ZONE CHANGE APPLICATION 96121EIJG - DIANNE ROEDDING AND SHIRLEY HARROP - BRIDGEPORT-NORTH WARD The Committee was advised that the Department of Planning and Development was in receipt of a zone change application from Dianne Roedding and Shirley Harrop with respect to the property known municipally as 47 Ellis Avenue. The application requests the property at 47 Ellis Avenue be rezoned to permit a garden suite for a temporary period of time. In this regard the Committee considered Planning and Development Staff Report PD 96/27 dated April 24, 1996 and a proposed by-law dated April 22, 1996 attached to the report. Also included in the proposed zoning by-law was a definition for "garden suite" to be added to the zoning by-law. 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 requested the Committee be provided with a presentation on this issue because it was the first time an application has been processed for a garden suite. Ms. J. Given provided the Committee with an overview of the content of the staff report and noted that in 1994 the Planning Act was amended so as to extend the three year term to a ten year term for temporary uses only for garden suites. She described the subject property as a very deep and well suited to the development of a garden suite which when no longer required would be converted to a garage. Ms. Given advised that detailed discussions pertaining to the contents of an agreement to be entered into with the owner have been discussed with Legal staff and she itemized aspects that form part of the agreement as noted in the report. Ms. Given also stated that the agreement would be binding on future purchasers of the property. In response to Councillor J. Ziegler regarding procedure for an extension beyond the ten year term, Ms. Given advised that such request would be a matter for consideration by Planning Committee and Council. Mr. J. Shivas referred to Page 3 of the staff report wherein the legislation permits municipalities to require securities against any potential costs to the municipality particularly in regard to the PD 96~27 - 47 ELLIS AVENUE - ZONE CHANGE APPLICATION 96121EIJG MAY 27, 1996 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 78 - CITY OF KITCHENER - DIANNE ROEDDING AND SHIRLEY HARROP - BRIDGEPORT-NORTH WARD (CONT'D) removal or conversion of the garden suite dwelling unit. He pointed out that no security was mentioned in the recommendation and that it was his view a charge could not be laid against an owner for not converting the garden suite as set out in the agreement. He requested consideration for some form of security within the recommendation. Mr. T. McCabe commented that requiring a letter of credit for a ten year period would not be appropriate and would be negative to the application. He suggested that staff have other enforcement options to deal with any problem arising with respect to the garden suite. No other delegations were registered respecting this matter. On motion by Councillor John Smola - it was resolved: "That Zone Change Application ZC 9612/E/JG (Dianne Roedding and Shirley Harrop) to permit a garden suite for a temporary period at 47 Ellis Avenue, be approved in the form shown in the attached "Proposed By-law", dated April 22, 1996, subject to the following condition being satisfied prior to any readings of the by-law by Council: That the owner enter into an agreement with the City of Kitchener under Section 207.2 of the Municipal Act in respect of the proposed garden suite, which shall generally provide for the following: -the naming of the occupant(s) of the garden suite -the installation, servicing, maintenance and insurance of the garden suite -the removal of the garden suite after the 10 year period unless the term is extended under the provisions of the Planning Act -the removal of the garden suite if the owners named in the Agreement no longer reside on the property -locating the garden suite in accordance with the regulations of the zoning by-law, as reflected in the plan to be attached to the agreement The owner acknowledges that Condition 1 is required to be satisfied no later than seven (7) months from Council having approved the amending zoning by-law relative to the Zone Change Application 96/2/E/JG by resolution. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan." The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Monday, June 3, 1996. PD 96/31 - HIGHLAND ROAD WEST AT WESTHEIGHTS DRIVE - ZONE CHANGE APPLICATION 951311HIPMB - SHELL CANADA LTD. - FOREST WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from Shell Canada Limited to change the zoning with regard to lands located at the southeast corner of Highland Road West and Westheights Drive. The subject property is currently vacant and has a lot area of 3068.63 square metres. It was noted in the report that the applicant proposes to change the zoning of the subject lands from Convenience Commercial Zone (C-1) to Community Institutional Zone (I-2) to allow the development of a health clinic. In this regard the Committee considered Planning and Development Staff Report PD 96/31 dated April 9, 1996 and a proposed by-law dated April 1, 1996 attached to the report. PD 96/31 - HIGHLAND ROAD WEST AT WESTHEIGHTS DRIVE - ZONE CHANGE APPLICATION 951311HIPMB MAY 27, 1996 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 79 - CITY OF KITCHENER - SHELL CANADA LTD. - FOREST WARD (CONT'D) It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. T. McCabe advised that staff had nothing further to add to the report under consideration. Mr. Samuel Head appeared as a delegation on behalf of the applicant to indicate his clients support of the recommendation. No other delegations responded to an invitation from the Chair to address the Committee on this matter. On motion by Councillor G. Lorentz - it was resolved: "That Zone Change Application ZC 95/31/H/PMB (Shell Canada Limited), rezoning lands located at the southeast corner of Highland Road West and Westheights Drive from C-1 to I-2 be approved in the form shown in the attached "Proposed By-law", dated April 1, 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 a noise study have been satisfied with respect to the proposed zone change; The Owner acknowledges that Condition 1 is required to be satisfied no later than 7 months from the day of Council having approved by resolution Zone Change Application 95/31/H/PMB. 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." The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Monday, June 3, 1996. PD 96~28 - VICTORIA STREET SOUTH / IRA NEEDLES BLVD. - REVISION TO HIGHLAND WEST (AREA 3) COMMUNITY PLAN - ZONE CHANGE APPLICATION 39186NIBC - SUBDIVISION APPLICATION 30T-86016 - HIGHLAND WEST DEVELOPMENTS INC. - WEST WARD The Committee was advised that the Department of Planning and Development has received applications for zone change and subdivision from Highland West Development Inc., with respect to lands comprising approximately 23 hectares (56 acres) located to the west of the present terminus of Victoria Street South and east of the proposed Ira Needles Boulevard. Concurrent with the zone change and subdivision applications the Committee was requested to consider a revision to the Highland West (Area 3) Community Plan. In this regard the Committee considered Planning and Development Staff Report PD 96/28 dated April 26, 1996 and a proposed zoning by- law dated April 15, 1996 attached to the report. It was noted in the report that the zoning change proposed is from Agriculture Zone (A-l) to Residential Four Zone (R-4), Residential Five Zone (R-5), Park Zone (P-l) and Open Space Zone (P-2). The applicant proposes to rezone and subdivide a 22.66 hectare parcel of land to allow the development of 243 lots for single detached dwellings, 17 lots for semi-detached dwellings, 33 lots for triplex dwellings, 1 block for park purposes and 3 blocks for storm water management/open space purposes. Further, the revisions to the Highland West Community Plan propose to add a special policy to the Low Density Residential designation to permit the development of residential dwellings containing a maximum of three units on those lots which PD 96~28 - VICTORIA STREET SOUTH / IRA NEEDLES BLVD. - REVISION TO HIGHLAND WEST (AREA 3) COMMUNITY PLAN MAY 27, 1996 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 80 - CITY OF KITCHENER - ZONE CHANGE APPLICATION 39/86/V/BC - SUBDIVISION APPLICATION 30T-86016 - HIGHLAND WEST DEVELOPMENTS INC. - WEST WARD (CONT'D) backlot onto Victoria Street South and the proposed Ira Needles Boulevard. A second revision to the plan relates to a slight relocation of a park in the northwest quadrant of the community. 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 have nothing further to add to the report under consideration. He did note that it was his understanding that while the owners have no real concerns with the recommendations in the staff report they were somewhat perplexed over the requirement to provide a sidewalk on Ira Needles Boulevard. Councillor J. Ziegler questioned the plan in respect to Area 3 - Open Space and Area 4 - Public Park and the interrelationship of each. Mr. McCabe pointed out that Area 3 though it adjoins the public park was not counted as part of the 5% park dedication. Mr. V. Labreche commented that there was a slight shortage in the amount of land required for parkland dedication and this had been addressed. Mr. lan Rawlings, Cumming Cockburn, appeared as a delegation on behalf of the applicant and indicated support for the recommendations in the staff report. He confirmed that the applicant was somewhat perplexed about the sidewalk requirement on Ira Needles Boulevard but was satisfied with the recommendations. No other delegations were registered respecting this matter. On motion by Councillor M. Wagner - it was resolved: "A. That the "Highland West Community Plan" be revised as follows: a) That Map B, Land Use Plan, be revised to change the location of the Neighbourhood Park in the north-western portion of Area 3 and to re- configure the "Open Space" designation adjacent to the CN Railway, both as shown on the attached Revised General Land Use Plan dated March 14, 1996. b) That the following policy be added thereto: "3.2.10 That those lots which back onto Victoria Street South and the proposed Ira Needles Boulevard, designated as Low Density Residential within the Community Plan, may be developed for multiple dwellings containing a maximum of three (3) units." It is the opinion of this Committee that approval of these revisions to the Community Plan is proper planning for the City. That Zone Change Application 39/86N/BC requesting a change in zoning from Agricultural Zone (A-l) to Residential Four Zone (R-4), Residential Five Zone (R-5), Park Zone (P-l) and Open Space Zone (P-2), according to By-law 85-1 on Part of Lot 39 German Company Tract, be approved in the form shown in the Proposed By- law, attached dated April 15, 1996 subject to subdivision conditions contained in C. below: That Subdivision application 30T-86016 (Highland West Developments Inc.) be recommended to the Regional Municipality of Waterloo for draft approval subject to the following conditions: PD 96~28 - VICTORIA STREET SOUTH / IRA NEEDLES BLVD. - REVISION TO HIGHLAND WEST (AREA 3) COMMUNITY PLAN MAY 27, 1996 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 81 - CITY OF KITCHENER - ZONE CHANGE APPLICATION 39/86/V/BC - SUBDIVISION APPLICATION 30T-86016 - HIGHLAND WEST DEVELOPMENTS INC. - WEST WARD (CONT'D) 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 plan for registration purposes shall be prepared in accordance with the attached plan of subdivision dated March 7, 1996, provided 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. Any changes affecting the numbering of lots or blocks shall require an amendment to this agreement to reflect such changes. 52. That no area/rough grading shall occur on the lands until such time as the following conditions have been satisfied and the Subdivider has received a letter of authorization from the City's General Manager of Public Works to proceed with grading: i) approval of an archaeological survey by the Regional Archaeologist; ii) approval of a Detailed Vegetation Plan and satisfactory implementation of approved measures for protection of isolated trees, tree cluster and woodlands affected by grading; iii) approval of Preliminary Grading, Erosion and Siltation Control Plans by the Department of Public Works and any other applicable regulatory agency; iv) the topsoiling and sodding of all areas not immediately used for development purposes; 53. That areas which are intended for separate registration shall be referred to as Stages, which shall be established to the satisfaction of the City and detailed in this Agreement. Parts of each stage may be separately serviced with each area of servicing referred to as a "Phase", which shall be established to the satisfaction of the General Manager of Public Works prior to any servicing of the lands. Any necessary facilities such as temporary roads, turning circles shall be shown on all engineering drawings, to the satisfaction of the City's General Manager of Public Works. 54. That prior to any grading or construction on site or registration of any stage of the Plan, a Grading Control Plan be approved by the City's General Manager of Public Works in consultation with the City's General Manager of the Department of Parks and Recreation, the Regional Municipality of Waterloo, the Grand River Conservation Authority and Ontario Hydro. 55. That prior to any grading or construction on the site, to submit for the approval of the City's General Manager of Public Works, in consultation with the City's General Manager of Parks and Recreation, the Regional Municipality of Waterloo and the Grand River Conservation Authority, a detailed engineering design for storm water management in accordance with the approved concept plan. The Subdivider further agrees to implement all required measures as outlined in the approved final design. PD 96~28 - VICTORIA STREET SOUTH / IRA NEEDLES BLVD. - REVISION TO HIGHLAND WEST (AREA 3) COMMUNITY PLAN - ZONE CHANGE APPLICATION 39186NIBC - SUBDIVISION APPLICATION 30T-86016 MAY 27, 1996 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 82 - CITY OF KITCHENER - HIGHLAND WEST DEVELOPMENTS INC. - WEST WARD (CONT'D) 56. That the division of any Lots or Blocks by Part Lot Control shall be subject to compliance with the following requirements, prior to the issuance of any building permit: To obtain approval from the General Manager of Public Works of plans for each lot or block illustrating lotting, service connections, street utility hardware and proposed grades. ii) To submit a Draft Reference Plan with respect to the division of lots or blocks having a lotting pattern in conformity with the approved engineering drawings and showing all required maintenance easements and eave encroachments if the blocks are proposed for zero sideyard housing, and obtain approval of the Draft Reference Plan from the Director of Building, Zoning and Inspections prior to the Part Lot Control Exemption By-law being presented to Council. Further, to receive final approval of a Part Lot Control Exemption By-law. iii) That the draft Reference Plan approved above shall be deposited in accordance with the Land Registry Act and three copies submitted to the Manager of Building, Zoning and Inspections. No building permits shall be issued until the City is in receipt of such plans and provided such lots are in compliance with the approved Reference Plan. iv) Any further division of lands to create additional building parcel shall require the submission of subsequent Reference Plans to be approved in accordance with steps ii) and iii) as set out above with the exception of the passing of another Part Lot Control Exemption By-law. 57. That those street names shown on the Plan shall appear on the final plan for registration. 58. That all road widenings and public walkways be dedicated as public highway as part of the registration of the Plans of Subdivision. 59. That the 5% parkland dedication for the entire Plan, being 1.13 hectares, shall be satisfied by: a) the conveyance of Block 94, (Stage 1) to the City, at no cost and free of encumbrance; and b) the registration of an agreement to defer the parkland dedication, to be registered on lands legally described as Part of Lot 38, German Company Tract, located adjacent and to the south of Plan of Subdivision 30T-86016, detailing the requirement to provide 0.58 hectares of land for Plan of Subdivision 30T-86016, in addition to the parkland dedication required for the lands legally described as Part of Lot 39, German Company Tract. Further, both requirements a) and b) above shall be satisfied prior to registration of the first stage of the Plan. 60. That prior to the registration of any Stage of the Plan, to obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration to Waterways Permit, if required, under Ontario Regulation 69/93. PD 96~28 - VICTORIA STREET SOUTH / IRA NEEDLES BLVD. - REVISION TO HIGHLAND WEST (AREA 3) COMMUNITY PLAN - ZONE CHANGE APPLICATION 39/86/V/BC - SUBDIVISION APPLICATION 30T-86016 MAY 27, 1996 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 83 - CITY OF KITCHENER - HIGHLAND WEST DEVELOPMENTS INC. - WEST WARD (CONT'D) 61. To make satisfactory arrangements with Ontario Hydro for any required fencing around the hydro facilities and for the relocation of or revisions to Ontario Hydro facilities if required as a result of the subdivision. In this regard, prior to the registration of the first stage, the subdivider shall present a letter to the General Manager of Planning and Development confirming that satisfactory arrangements have been made with Ontario Hydro for the above matters. The subdivider further agrees to satisfy Ontario Hydro with respect to being responsible for the restoration of any damage to the right-of-way resulting from construction of the subdivision. 62. To obtain approval of plans/drawings from the City's Manager of Design, Heritage and Environment, prior to the issuance of building permits, for any lots abutting Victoria Street South and the future Ira Needles Boulevard, showing a planting strip having a minimum width of 4.6 metres and a 1.8 metre high chain link fence Said planting strip is to be developed at the Subdivider's cost in accordance with the approved plans. Further, said planting strips shall be installed within the affected lots prior to the transfer of title of such lots to the first time occupants, or in the event of winter conditions shall be installed by June 1, immediately following such transfer of title. The Subdivider agrees to attach the approved planting plan to all Offers to Purchase and Sale of Lots in which the required planting strip has not been installed due to winter conditions. Further, if physical noise attenuation barriers are required in accordance with Condition 50, installation of said barrier shall substitute for the planting strip and fence requirement. 63. That construction traffic to and from the proposed subdivision shall be restricted to using Victoria Street South to Highgate Road only and 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 with the subdivider being responsible for any required signage, all to the satisfaction of the Director of Traffic and Parking Services. 64. That all zero sideyard housing shall provide a 1.5 metre wide easement for maintenance and an easement allowing a maximum encroachment of 0.3 metres for eaves. The Subdivider further agrees that the registration of such easements shall occur by way of Grant of Easement Agreements and reference plans to be deposited at the time of the sale of either the lot granting the easement or the lot on which the easement has been granted. This conditions shall be regarded as part of the approval authority's draft approval conditions and as such, consent applications shall not be required for the establishment of such maintenance or eave encroachment easements. 65. The Subdivider agrees to install permanent 1.2 metre high, page wire fencing or an alternate marking system to the satisfaction of the City's General Manager of Parks and Recreation along Lots 51 to 60 inclusive and Lots 87 to 93 inclusive of Stage 1, where such lot lines abut open space or stormwater management areas. Further, the Subdivider agrees to include a statement advising of the fencing or marking system requirement in all Offers to Purchase and Agreements of Purchase and Sale for such Lots or Blocks. 66. To make satisfactory arrangements with the General Manager of Public Works, prior to the registration of any stage of the plan, for the installation of a 1.5 metre wide concrete sidewalk in the following locations: both sides of Highgate Road, Huck Crescent and Udvari Street; on the north side of Victoria Street from its current terminus to the western PD 96~28 - VICTORIA STREET SOUTH / IRA NEEDLES BLVD. - REVISION TO HIGHLAND WEST (AREA 3) COMMUNITY PLAN - ZONE CHANGE APPLICATION 39/86/V/BC - SUBDIVISION APPLICATION 30T-86016 - HIGHLAND WEST DEVELOPMENTS INC. - WEST WARD (CONT'D) MAY 27, 1996 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 84 - CITY OF KITCHENER iii) limit of the plan; the east side of the future Ira Needles Boulevard from the intersection of Victoria Street to the northerly boundary of the plan. 67. To install a 1.82 metre high chain link fence along the common boundary of this plan of subdivision and those lands owned by CN Rail 68. To construct, to the satisfaction of the Department of Public Works and Parks and Recreation, a 2.0 metre high earthen berm, having a slope of not more than 2.5 to 1 along the entire depth of Blocks 94, 95 and 97. Such berm is to be developed at the Subdivider's cost in accordance with the detailed plans/drawings, to be approved by the Department of Public Works and Parks and Recreation, prior to the issuance of any building permits within the plan of subdivision. Said berm shall be installed within Blocks 94, 95 and 97 at the time of the development of the Storm Water Management area. 69. The Subdivider agrees that in addition to the normal City requirements and other conditions contained herein, the following special conditions shall apply to Stage 1: a) To convey to the City of Kitchener the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with registration of Stage 1 of the Plan of Subdivision: (i) Block 94, for park purposes; (ii) Blocks 95 & 96, for storm water management purposes; (iii) Block 97 for open space/community trail; (iv) Blocks 98 to 102, for 0.3 metre reserves; b) To fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod Blocks 94 and 97 (Stage 1) to the satisfaction of the General Manager of Parks and Recreation. Grading plans and implementation within Blocks 94 and 97 (Stage 1) shall include making grading allowance for three metre wide flat areas for future trail link purposes. All works required of the Subdivider by this Section shall be completed in conjunction with the timing of grading of surrounding residential development not to exceed two years from the registration of Stage 1 of the subdivision plan or at any alternate time approved in writing by the City's General Manager of Parks and Recreation. (d) To construct the extension of Victoria Street South from its present terminus to the westerly limit of the Plan, to the satisfaction of the Regional Municipality of Waterloo with such road being open to public vehicular traffic prior to occupancy of any dwelling unit. Prior to the issuance of any building permits within the Plan of Subdivision, the tender for Victoria Street South shall be awarded and financial securities in place, to the satisfaction of the Regional Municipality of Waterloo. (e) To make satisfactory arrangements for the design and construction of a temporary transit turning circle within the Victoria Street right-of-way, immediately west of Highgate Road, to the satisfaction of the Regional Municipality of Waterloo and the City's General Manager of Public Works, prior to the registration of Stage 1 of the Plan. (f) To construct a temporary turning circle to City standards on Lots 1, 2 and 3, (Stage 1) as shown on the attached Plan of Subdivision. Said turning PD 96~28 - VICTORIA STREET SOUTH / IRA NEEDLES BLVD. - REVISION TO HIGHLAND WEST (AREA 3) COMMUNITY PLAN - ZONE CHANGE APPLICATION 39/86/V/BC - SUBDIVISION APPLICATION 30T-86016 - HIGHLAND WEST DEVELOPMENTS INC. - WEST WARD (CONT'D) circle shall be designed, constructed and ultimately removed to the satisfaction of the Department of Public Works. No building permits shall be MAY 27, 1996 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 85 - CITY OF KITCHENER 70. 71. 72. 73. 74. 75. 76. issued for Lots 1, 2 and 3 of (Stage 1) until such time as the temporary turning circle has been removed or is determined to be not required. That the Subdivision may be registered in four (4) stages and that Stages 2, 3 and 4 may be registered concurrently with each other in any combination and at any time subsequent to the registration of Stage 1 of this Plan. That Stage 2 shall be registered immediately consecutively with or subsequent to the registration of Stage 1. In the event that Stage 2 is registered consecutively with Stage 1, Blocks 99 and 100 (Stage 1) will not be required for 0.3 metre reserves. In addition to the normal City requirements and other conditions contained herein, the following special conditions shall apply to Stage 2. (a) The Subdivider acknowledges that upon request, the City Solicitor shall arrange for the opening of Blocks 99 and 100 (Stage 1) subsequent to the registration of Stage 2, when Highgate Road and Huck Crescent (Stage 1) have been completed and are open to vehicular traffic to the satisfaction of the General Manager of Public Works. (b) To construct a 1.5 metre wide concrete sidewalk within Block 90 (Stage 2) to the satisfaction of the General Manager of Public Works. That Stage 3 shall be registered subsequent to the registration of Stage 1. In the event that Stage 3 is registered immediately consecutively with Stage 1 Block 101, (Stage 1) will not be required for a 0.3 metre reserve. In addition to the normal City requirements and other conditions contained herein, the following special conditions shall apply to Stage 3: (a) The Subdivider acknowledges that upon request, the City Solicitor shall arrange for the opening of Block 101 (Stage 1) subsequent to the registration of Stage 3, when Highgate Road has been completed and is open to vehicular traffic to the satisfaction of the General Manager of Public Works. (b) The Subdivider acknowledges and agrees that Stage 3 will be serviced by a sanitary sewer being extended through Draft Plan of Subdivision 30T-88033 to Victoria Street. No registration of Stage 3 shall occur until the General Manager of Public Works is satisfied that this sanitary sewer outlet is available. That Stage 4 shall be registered subsequent to the registration of Stage 1. In the event that Stage 4 is registered immediately consecutively with Stage 1, Blocks 98 and 102 (Stage 1) will not be required for 0.3 metre reserves. In addition to the normal City requirements and other conditions contained herein, the following special conditions shall apply to Stage 4: (a) The Subdivider acknowledges that upon request, the City Solicitor shall arrange for the opening of Blocks 98 and 102 (Stage 1) subsequent to the registration of Stage 4, when Highgate Road and Huck Road (Stage 1) PD 96~28 - VICTORIA STREET SOUTH / IRA NEEDLES BLVD. - REVISION TO HIGHLAND WEST (AREA 3) COMMUNITY PLAN - ZONE CHANGE APPLICATION 39/86/V/BC - SUBDIVISION APPLICATION 30T-86016 - HIGHLAND WEST DEVELOPMENTS INC. - WEST WARD (CONT'D) have been completed and are open to vehicular traffic to the satisfaction of the General Manager of Public Works. (b) To construct a 1.5 metre wide concrete sidewalk within Blocks 70 and 71 MAY 27, 1996 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 86 - CITY OF KITCHENER (Stage 4) to the satisfaction of the General Manager of Public Works. (c) The Subdivider acknowledges and agrees that Stage 4 will be serviced by a sanitary sewer being extended through Draft plan of Subdivision 30T-88033 to Victoria Street. No registration of Stage 4 shall occur until the General Manger of Public Works is satisfied that this sanitary sewer outlet is available. It is the opinion of this Committee that approval of this zone change and subdivision application is proper planning for the City and is in conformity with the City's Municipal Plan. That the implementing Zoning By-law for Zone Change Application 39/86N/BC (Highland West Development Inc.) not be presented to City Council until Subdivision Application 30T-86016 has received Regional Draft Plan Approval whereupon the amending Zoning By-law shall be presented to Council for all three readings. Alternatively, three readings of the amending Zoning By-law may be given if the City Clerk is presented with a letter from the Regional Municipality of Waterloo advising that the Regional has no objections to the passing of the By-law. Notwithstanding the definition of "Crescent" in Council's Policy 1-680.1, Council agrees that Keller Crescent shall be deemed to be a crescent and accordingly will have a minimum right-of-way width of 16 metres." The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Monday, June 3, 1996. PD 96/46 - ANNUAL REPORT ON DELEGATED APPROVALS The Committee was in receipt of Planning and Development Staff Report PD 96/46 dated May 24, 1996 which summarizes approvals granted through delegation of approval authority by Council to the General Manager of Planning and Development for plans of subdivision and plans of condominium. Mr. T. McCabe advised that the report was prepared in accordance with directions from City Council to provide such report annually. On motion by Councillor J. Ziegler - it was resolved: "That Staff Report PD 96/46, Summary of Approvals granted through Delegation of Approval Authority by Council to the General Manager of Planning and Development for Plans of Subdivision and Plans of Condominium, be received for information." Mayor R. Christy entered the meeting at this point. PD 96/40 - ANNUAL REVIEW OF RESIDENTIAL VACANCY RATE STATISTICS IN THE CITY OF KITCHENER The Committee was in receipt of Planning and Development Staff Report PD 96/40 dated May 13, 1996 which provides an annual review of residential vacancy rate statistics in the City of Kitchener. Mr. B. Stanley advised that staff had nothing further to add to the report under consideration but did wish to make a presentation highlighting the contents. He commented that the material is used by the Department when it formulates staff recommendations. Mr. R. Mattice then provided the Committee with a overhead screen presentation of the report. He noted that the vacancy rates were drawn from Canada Mortgage and Housing Corporations bi- annual rental survey which henceforth they would be doing only on an annual basis. As he PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MAY 27, 1996 - 87 - CITY OF KITCHENER illustrated the tables he provided a verbal description of their meaning and implications. Mr. Mattice pointed out that the vacancy rate has dropped dramatically since 1993 and described the impact of specific unit vacancies on the overall total. He referred the Committee to the conclusions on Page 17 of the report wherein it was noted that the vacancy rate has fallen from 2.9% in 1994 to 2.4% in 1995. The primary reason for this was the inactivity in the rental construction market with existing vacant units being steadily absorbed. He suggested that for the City of Kitchener a healthy vacancy rate was somewhere between the range of 2-3%. Mr. Mattice commented that without any construction activity it was anticipated the vacancy rate will continue to decrease but acknowledged that this rate could be affected by lifestyle changes due to economic circumstances. Councillor J. Ziegler commented that it was an excellent report. On motion by Councillor J. Ziegler - it was resolved: "That Council accept Staff Report PD 96/40, Annual Review of Residential Vacancy Rate Statistics in the City of Kitchener, for information and direct staff to make the document available to C.M.H.C., the Ministry of Municipal Affairs and Housing and those persons requesting information about the local housing market." 8. ADJOURNMENT On motion, the meeting adjourned at 4:20 p.m. L.W. Neil, AMCT Assistant City Clerk