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HomeMy WebLinkAboutPlng & Econ Dev - 1997-05-26P E D\1997 -05 -26 MAY 26, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:25 p.m. under Councillor M. Yantzi, Vice-Chair, with the following members present: Councillors John Smola, G. Lorentz, B. Vrbanovic, T. Galloway, M. Wagner, Jake Smola and J. Ziegler. Mayor R. Christy entered the meeting after its commencement. Officials present: Ms. C. Ladd, S. Frenette, V. Gibaut, J. Jantzi, L. Pasternak, P. Bacon and Messrs. J. Gazzola, T. McCabe, B. Stanley, J. Shivas, P. Wetherup, L. Masseo, J. Witmer, K. Tribby, Z. Janecki and L.W. Neil. OFFER TO PURCHASE - RIVERBEND DRIVE - LANCASTER CORPORATE CENTRE - lAN COOK CONSTRUCTION LIMITED - BRIDGEPORT-NORTH WARD Ms. V. Gibaut advised that it was necessary to deal with an Offer to Purchase that was previously introduced and approved at the May 12, 1997 Council meeting as a revision to the Planning Committee report of that date. In this regard a recommendation in respect to the offer was circulated to the Committee for its consideration. On motion by Councillor B. Vrbanovic - it was resolved: "That the City accept, and the Mayor and Clerk be authorized to execute, an Offer to Purchase dated May 12, 1997 amended May 22, 1997 from lan Cook Construction Limited with respect to lands in the Lancaster Corporate Centre and being composed of not less than .67 acres and not greater than .83 acres, composed of Parts 2, 18, and 19, Plan 58R- 7231 save and except Parts 1, 2, and 3, Plan 58R-9592 and part of Parts 3, 20 and 21, Plan 58R-7231, at a rate of $175,000 per acre, conditional on an option for adjacent land to be mutually agreed upon by the City and the purchaser; and further, That the Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor." Councillor J. Ziegler respect to purchases Construction Limited. commented that he expected that whatever option policy was adopted in of City land would apply to the Offer to Purchase accepted from lan Cook 2. OPTION POLICY RE PURCHASE OF CITY LAND Ms. V. Gibaut asked that the Committee consider approval of an option policy with respect to the purchase of city lands. In this regard she itemized criteria which she recommended be the basis of option agreements with prospective purchasers. Councillor J. Ziegler clarified that there was a 5% non-refundable deposit for each six month term of the agreement. Ms. V. Gibaut commented that Mr. J. Shivas, City Solicitor, had not had an opportunity to review the criteria that she proposed for option agreements. Councillor B. Vrbanovic questioned if it was possible to include within the criteria that the existing option holder have first right of refusal. Ms. V. Gibaut commented that most deals take six months to conclude and Councillor J. Ziegler pointed out that the requirement for 5% down indicates seriousness on behalf of the proposed purchaser. On motion by Councillor J. Ziegler - it was resolved: "That subject to Mr. J. Shivas, City Solicitor, submitting a written legal opinion for consideration at the June 3rd Council meeting, we accept in principle the utilization of Option Agreements respecting purchases of city land in accordance with the criteria outlined below: - 6 month term, renewable for second 6 month term - 5% of price of land deposit (non-refundable) price to be credited against purchase MAY 26, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 74 - CITY OF KITCHENER OPTION POLICY RE PURCHASE OF CITY LAND (CONT'D) price, with each renewal - limit option to one year (one renewal only) - each renewal requires another 5% deposit - if option is exercised, price shall be at the current price at time exercised - vendor agrees to notify the purchaser of impending price increase (to allow purchaser exercise option prior to increase) - renewal to be solely the onus of the purchaser" PD 97/47 - OTTAWA STREET SOUTH / WILDERNESS DRIVE - REVISION TO LAURENTIAN WEST COMMUNITY PLAN - MODIFICATIONS TO DRAFT PLAN OF SUBDIVISION 30T-88041 - ACTIVA DEVELOPMENT CORPORATION - SOUTH WARD to The Committee was in receipt of Planning and Development Staff Report PD 97/47 dated May 16, 1997. It was noted in the report that the applicant proposes to re-subdivide an existing multiple residential block within Draft Plan of Subdivision 30T-88041 to meet a market demand for affordable semi-detached dwellings. As well, an amendment to the Laurentian West Community Plan is required to enable approval of the proposed draft plan modifications. The lands which are the subject of the plan of subdivision are situate at the southwest corner of the intersection of Ottawa Street South and Wilderness Drive. It was pointed out in the report that the proposed change to develop primarily semi-detached dwellings would yield 71 housing units which is essentially the same number of units that would have been achieved with a multiple development. Ms. C. Ladd explained the purpose of the report and advised that staff had nothing further to add to the recommendations. She did point out that it was expected the applicant would be requesting an exemption in regard to condition 56 relative to provision of sidewalks and that staff oppose the applicants request. Ms. Ladd addressed a concern expressed by Councillor T. Galloway that a zone change application was not being processed in regard to this proposed development. It was clarified that a zone change application would have been required if the zoning change proposed was from semi-detached units to multiple development. Mayor R. Christy entered the meeting at this point. Ms. Carol Wiebe appeared as a delegation on behalf of the applicant and stated that they were in agreement with the staff recommendation with the exception of condition 56 relating to the provision of sidewalks on both sides of Watercress Court and on the southerly side of Ottawa Street South. Ms. Wiebe suggested that it was excessive to provide for three sidewalks in close proximity that all run in the same direction. She pointed out that sidewalks were being required on both sides of the cul-de-sac and suggested that installation on one side would be sufficient to accommodate pedestrian traffic. Ms. Wiebe commented that the sidewalk requirement was an excessive level of service for a small parcel of land and requested deletion of the requirement from one side of the court. Councillor J. Ziegler questioned where staff would prefer sidewalk to be deleted if the Committee was to accede to the applicants request. Mr. T. McCabe advised that the Ottawa Street sidewalk was intended primarily for transit users. He stated that a sidewalk is permitted on one side of a cul-de-sac containing only 30 units with a 16 metre right-of-way. However, where additional units are proposed, the street width required is increased and in this case 62 units are proposed to be developed, thus requiring sidewalks on both sides of the street. No other delegations responded to an invitation from the Vice-Chair to address the Committee on this matter. In response to Councillor J. Ziegler, Mr. T. McCabe advised that a similar sidewalk installation was being required in regards to a development proposed by DGF on Homer Watson Boulevard. He also pointed out that over the years requests for exemption from the sidewalk installation condition have been received but that generally the development industry has accepted the standards. Councillor T. Galloway stated that in his view the sidewalk on both sides of the cul-de-sac was justified given the number of dwelling units and that itwas essential 3. PD 97147 OTTAWA STREET SOUTH / WILDERNESS DRIVE MAY 26, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 75 - CITY OF KITCHENER - REVISION TO LAURENTIAN WEST COMMUNITY PLAN - MODIFICATIONS TO DRAFT PLAN OF SUBDIVISION 30T-88041 - ACTIVA DEVELOPMENT CORPORATION - SOUTH WARD (CONT'D) to install sidewalk along Ottawa Street South as it forms a link connection to Williamsburg Road. On motion by Councillor M. Wagner - it was resolved: 'A. That Map "A" - Land Use of the Laurentian West Community Plan be amended to redesignate a portion of lands located at the southwest intersection of Ottawa Street and Wilderness Drive (Block 1 (Stage 2) of Draft Plan of Subdivision 30%88041) from "Multiple Residential (40 uph)" to "Low Density Residential" as shown on the revised Map "A" attached. It is the opinion of this Committee that approval of this Amendment to the Community Plan is proper planning for the City. That Subdivision Application 30T-88041 (Revised Activa Development Corporation) 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 plan for registration purposes shall be prepared in accordance with the attached plan of subdivision dated April 17, 1997, 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 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. To submit a Lot Grading and Drainage Control Plan for the approval of the 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, with the plan to be approved prior to any grading or construction on site or prior the City's release of the Subdivision Plan for registration. 53. That prior to any grading or construction on the site and prior to the City's release of the Plan for registration, to submit for the approval of the 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. Said engi- neering design shall include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 54. That the street within the Plan of Subdivision shall be named "Watercress Court", which name shall appear on the final registered plan. PD 97/47 - OTTAWA STREET SOUTH / WILDERNESS DRIVE - REVISION TO LAURENTIAN WEST COMMUNITY PLAN MAY 26, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 76 - CITY OF KITCHENER - MODIFICATIONS TO DRAFT PLAN OF SUBDIVISION 30T-88041 - ACTIVA DEVELOPMENT CORPORATION - SOUTH WARD (CONT'D) 55. That construction traffic to and from the proposed subdivision shall be restricted to using Wilderness Drive from Water Cress Court to Ottawa Street as the designated truck route. All construction traffic shall be prohibited from using other internal residential streets in the community. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement with the Subdivider being responsible for any signage, where required, all to the satisfaction of the Director of Traffic and Parking Services. 56. To make satisfactory financial arrangements with the General Manager of Public Works for the construction of a 1.5 metre wide concrete sidewalk along both sides of Watercress Court and across the entire length of Ottawa Street adjacent to the proposed subdivision. 57. To obtain from the Grand River Conservation Authority, if necessary, a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 149/90, as amended by 69/93. Such permit shall be obtained prior to on-site grading, the installation of services and the City's release of the Subdivision Plan for registration. 58. To obtain approval of plans/drawings from the City's Manager of Design, Heritage and Environment, for any lots abutting Ottawa Street, 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 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 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 Section 50, installation of said barrier shall substitute for the planting strip requirement. 59. 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 rear lot lines of Lots 15 to 31 inclusive. 60. That in consideration of the wooded character of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, the Subdivider agrees to comply with the following process in the development of the subdivision in accordance with the City's approved Tree Management Policy: a) prior to the City'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; PD 97/47 - OTTAWA STREET SOUTH / WILDERNESS DRIVE - REVISION TO LAURENTIAN WEST COMMUNITY PLAN - MODIFICATIONS TO DRAFT PLAN OF SUBDIVISION 30T-88041 - ACTIVA DEVELOPMENT CORPORATION - SOUTH WARD (CONT'D) MAY 26, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 77 - CITY OF KITCHENER 61. 62. 63. 64. 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; d) a Tree Preservation/Enhancement Plan will be required for those lots or blocks, prior to applying for or having issued any building permits, which are subject to site plan approval under Section 41 of the Planning Act, corner lots (where site service locations and building type have not been predetermined), interior lots greater than 13.7 metres of street frontage, proposed building/structure that is located deeper on the lot than that approved on the Detailed Vegetation Plan and/or the revised grading will have an adverse effect on the Detailed Vegetation Plan; e) in the event of construction causing minor tree damage, remedial measures such as trimming, dressing, or bark doctoring shall be implemented at the Subdivider's cost and as directed by the Consultant who prepared the approved plan. In cases where major irreparable tree damage is done, liability is questionable, or the tree is judged to be unsafe in the opinion of the Subdivider's Environmental Consultant and/or the City, each such tree shall be removed and replaced with at least one tree of equal value based on the tree value formula as set out in 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. 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) Block 33 for storm water management purposes; Block 35 for open space purposes. To dedicate to the City of Kitchener, through plan registration, Block 34 for emergency access/public walkway purposes; That access to Block 32 shall be permitted only from Watercress Court and that no access from Wilderness Drive shall be permitted. That all zero sideyard housing shall provide 1.5 metre wide easements 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 Grants of Easement Agreement and a reference plan. Prior to the issuance of any building permits, the Subdivider shall provide a confirmation letter to the City's Manager of Community Planning and Development Review which verifies that the reference plan has been deposited and the easement documents have PD 97/47 - OTTAWA STREET SOUTH / WILDERNESS DRIVE - REVISION TO LAURENTIAN WEST COMMUNITY PLAN - MODIFICATIONS TO DRAFT PLAN OF SUBDIVISION 30T-88041 - ACTIVA DEVELOPMENT CORPORATION - SOUTH WARD (CONT'D) MAY 26, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 78 - CITY OF KITCHENER been prepared, worded and registered to the satisfaction of the City Solicitor. 65. To undertake any measures required by and to the satisfaction of the City's Chief Building Official to ensure proper water pressure to the proposed development. 66. To convey Block 36 to the owner of the abutting lands to the south or, alternatively, to the City, at no cost and free of encumbrance concurrent with the registration of the plan of subdivision. 67. To construct within Block 34, at the Subdivider's cost and to the satisfaction of the General Manager of Public Works, prior to the issuance of any building permits, a dual purpose public walkway/emergency vehicular access from Ottawa Street to Watercress Court. This design shall include a City of Kitchener gate and locking system in order to prevent through traffic between these two streets. 68. To submit a landscape plan showing the proposed grading and naturalization for the wetland buffer enhancement area within and immediately adjacent to Block 35 for the approval of the General Manager of Parks and Recreation, prior to plan registration. The subdivider agrees to implement the approved landscape plan subsequent to final grading and within one year of registration of the plan or at other such time as approved by the City's General Manager of Parks and Recreation. It is the opinion of this Committee that approval of this revised subdivision plan is proper planning for the City and is in conformity with the City's approved Municipal Plan. That upon registration and execution of the new Subdivision Agreement required in B) above, Block 1, Stage 2 shall be released from the previous Subdivision Agreement registered as Instrument Number 1262958." The Vice-Chair advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, June 3, 1997. DOCUMENT - THE CITY OF KITCHENER: AN ECONOMY IN TRANSITION - TEAM KITCHENER RE: TERMS OF REFERENCE The Committee was in receipt of a document entitled "The City of Kitchener: An Economy in Transition". The document begins with a preamble leading to the proposed Terms of Reference for Team Kitchener that were developed as a result of an inter-departmental team of city staff whom Ms. Frenette listed. She explained what the staff had considered over a very short time frame. She noted that the preamble in the document had been written in such a way so as to speak directly to the individuals who will be appointed as members of Team Kitchener. Ms. Frenette then briefly reviewed the Terms of Reference which were dealt with under the following sub-headings: Purpose Scope Economic Development in Kitchener: Out Strengths, Weaknesses, Opportunities and Threats Membership and Organization Role and Function Schedule DOCUMENT - THE CITY OF KITCHENER: AN ECONOMY IN TRANSITION - TEAM KITCHENER RE: TERMS OF REFERENCE (CONT'D) Councillor Jake Smola referred to the listing of weaknesses and questioned if there was a reason why tax rates were not mentioned. Ms. Frenette indicated that tax rates could be added. Councillor Jake Smola also questioned why development charges were not itemized under MAY 26, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 79 - CITY OF KITCHENER weaknesses and Ms. V. Gibaut advised that the City of Guelph charges were less than Kitchener's but noted it was not in the Region of Waterloo. Councillor Jake Smola suggested that development charges should be added to the weaknesses list. Councillor M. Wagner referred to the purpose of Team Kitchener and questioned how staff saw the team dealing with other levels of government as mentioned under purpose. Ms. S. Frenette responded that she envisioned that the Team would meet with each of the bodies that were named in the document and Councillor Wagner commented that he saw it as a very difficult undertaking. Councillor T. Galloway referred to the tax rate issue raised by Councillor Jake Smola and pointed out that there were differences in municipalities and if there was a weakness in respect to the general tax rate then there was a strength that should be itemized in that the City of Kitchener does not utilize the local improvement act to the degree that other municipalities do and therefore reflects certain capital costs on its general mill rate. Also under strengths he suggested that if one was to list additional items it could be noted that Kitchener's per capita debt was 1/3 of other municipalities and that it had twice the level of reserves per capita as other municipalities. Councillor T. Galloway referred to item 6 (the schedule) listed under the Terms of Reference and questioned how realistic it was for the Team to report by the first week of August. Mayor R. Christy commented that he had approached individuals in the community with experience in the areas of finance, marketing, education, research and development, manufacturing and engineering to determine their willingness to participate as a member of Team Kitchener. Councillor B. Vrbanovic stated that the names of prospective appointees should be circulated to Council for consideration and discussion during an in-camera meeting of Council. Councillor T. Galloway stated that he fully supported the initiative but that he was concerned about the process given that Mayor Christy indicated that he has already approached individuals and offered appointment to Team Kitchener. He stated that he thought the names of prospective appointees would have been suggested to Council and considered by Council prior to any approach being made. Councillor B. Vrbanovic requested that Mayor R. Christy clarify whether he had asked certain individuals to submit their name to stand for appointment or whether he had requested they serve on Team Kitchener. Mayor Christy advised that it had been his assumption that Council had agreed to the initiative and that he had therefore invited selected individuals to participate on Team Kitchener. On motion by Mayor R. Christy - it was resolved: "That the Terms of Reference of Team Kitchener outlined in the document "The City of Kitchener: An Economy in Transition" be approved as follows: 1. Purpose To provide Kitchener City Council with a long term and a short term economic development strategy containing key recommendations and priorities for an implementation program that should include but may not be limited to: an evaluation of the best roles, division of responsibilities and co- ordination between Canada's Technology Triangle (CTT), all levels of government including Regional, the private sector, and the Corporation of the City of Kitchener as they pertain to economic development activity a set of realistic priorities for action given the recommended role for the City of Kitchener DOCUMENT - THE CITY OF KITCHENER: AN ECONOMY IN TRANSITION - TEAM KITCHENER RE: TERMS OF REFERENCE (CONT'D) advice on how the City of Kitchener can better market itself locally, nationally and internationally and follow up effectively with the contacts that are made advice on how the City can enhance and co-ordinate its current marketing activities to develop a single public image and MAY 26, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 80 - CITY OF KITCHENER communications strategy for the Corporation action to follow up on the contacts made in South-East Asia during the Team Canada trip Scope Economic development activity and supporting functions for the purpose of this exercise have been defined as including the following: attracting investment to our community selling municipal expertise and services retention and growth of business facilitating export markets marketing and communication consumer and special event tourism developing educational partnerships research and information and needs assessment Team Kitchener shall have regard for and coordinate its recommendations with the Corporate Strategic Plan attached as Appendix A. Team Kitchener will review all existing frameworks of stakeholder organizations, their terms of reference and strategic priorities. Economic Development in Kitchener: Our Strengths, Weaknesses, Opportunities and Threats Team Kitchener will have regard for the current and future environment in which the municipality finds itself as described in the attached SWOT analysis. See Appendix B. Membership and Organization Upon the recommendation of the Mayor council shall appoint at least five individuals to serve on Team Kitchener who have expertise in one or more of the following suggested areas: marketing/communications/promotions business investment skills training/education international business experience entrepreneurial experience in new technology infrastructure management/land development tourism, culture and the arts A Chair would be selected by Team Kitchener from amongst the team members. An administrative facilitator shall be appointed by Management Committee to provide administrative assistance to Team Kitchener. DOCUMENT - THE CITY OF KITCHENER: AN ECONOMY IN TRANSITION - TEAM KITCHENER RE: TERMS OF REFERENCE (CONT'D) 5. Role and Function Team Kitchener will develop its recommendations using a consultive process that considers both Kitchener's strengths and shortcomings and which may involve: · reaching out to the business community MAY 26, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 81 - CITY OF KITCHENER consulting with the investment community outside Kitchener meeting with the Ontario International Trade Corporation to determine international investment preferences and opportunities consulting collectively with the local municipal Economic Development offices Team Kitchener will consolidate the information it receives from the consultations, evaluate it and prepare a plan of action which shall set priorities and a schedule for implementation. Team Kitchener's plan will be tabled at a special meeting of the Planning and Economic Development Committee and referred to Council for approval. If Team Kitchener is unable to reach consensus, the areas of disagreement may be documented and presented to Council by the dissenting member(s). Upon approval of the plan by Council, Management Committee will create an implementation team to oversee the plan's implementation, monitor the progress of the plan's recommendations, report to Council on resources required, and provide progress reports on the plan's implementation. 6. Schedule May 26,1997 Terms of Reference approved by the Planning and Economic Development Committee June 3,1997 Terms of Reference approved by Council appointment of Team Kitchener June 3,1997- August18,1997 Term of Team Kitchener l stweekofAugust Special meeting of Planning and Economic Development Committee to receive final report August18,1997 Final report to Council" PD 97/44 - AMENDMENT TO MUNICIPAL CODE - PROPERTY MAINTENANCE - CHAPTER 650, LOT MAINTENANCE The Committee was in receipt of Planning and Development Staff PD 97/44 dated May 14, 1997 dealing with amendments to Chapter 650, Lot Maintenance, Municipal Code regarding staff authority to cut long grass/weeds and enforcement of noxious weed violations. Mr. K. Tribby advised that the report was prepared by staff of the Legal Department and the Planning and Development Department in consultation with staff of the Parks and Recreation Department. He advised that four actions were proposed in terms of these matters and included three amending by-laws and a revision to a Council policy resolution. Mr. Tribby then briefly explained the purpose of each recommendation in the staff report. PD 97/44 - AMENDMENT TO MUNICIPAL CODE - PROPERTY MAINTENANCE - CHAPTER 650, LOT MAINTENANCE (CONT'D) On motion by Councillor G. Lorentz - it was resolved: "That Council approve the proposed by-law attached to Planning and Development Staff Report PD 97/44 as "Appendix A" amending Municipal Code Chapter 650 (Lot Maintenance) to remove the requirement for passage of a separate by-law to enforce non- MAY 26, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 82 - CITY OF KITCHENER compliance with the regulations on grass height and remove the exemption for outdoor storage; and further, That Council approve the proposed by-law attached to Planning and Development Staff Report PD 97/44 as "Appendix B" amending Municipal Code Chapter 695 (Weed Control) to include all lands within the City; and further, That Council approve the proposed by-law attached to Planning and Development Staff Report PD 97/44 as "Appendix C" amending Municipal Code Chapter 101 (Appointments- Staff) to appoint the Municipal Law Enforcement/Property Standards Officers of the Enforcement Services Section of the Department of Planning and Development as Weed Inspectors for the purpose of enforcing Chapter 695; and further, That Council approve the proposed Council Policy Resolution attached to Planning and Development Staff Report PD 97/44 as "Appendix D" to replace existing Policy 1-630 (Property Maintenance-Weed Control) to consolidate Council direction to Staff regarding the cutting of long grass/weeds and the destruction of noxious weeds and weed seeds." PD 97/42 - 295 MANSION STREET -ZONE CHANGE APPLICATION ZC97121MIJG - ELIZABETH SCHMIDT - CENTRE WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from Elizabeth Schmidt to change the zoning with regard to lands known municipally as 295 Mansion Street. It was noted in the report that the application proposes to change the special use provision on the property to permit a personal home service business to operate within the existing triplex. In this regard the Committee considered Planning and Development Staff Report PD 97/42 dated April 24, 1997 and a proposed by-law dated April 24, 1997 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. Ms. C. Ladd explained the purpose of the application and advised that staff had nothing further to add to the report under consideration. Ms. Valerie Schmidt appeared as a delegation on behalf of her mother, Elizabeth Schmidt, and advised that the concerns which she had were addressed as a result of discussions with Ms. C. Ladd. No other delegations responded to an invitation from the Vice-Chair to address the Committee on this matter. On motion by Councillor T. Galloway - it was resolved: "That Zone Change Application ZC 97/2/M/JG (Elizabeth Schmidt), requesting to change the zoning from CR-1 with special use provision 199 to CR-1 with a revised special use provision, be approved in the form shown in the attached "Proposed By-law", dated April 24, 1997, subject to the following conditions: Removal of the pavement from the front yard; PD 97/42 - 295 MANSION STREET -ZONE CHANGE APPLICATION ZC97121MIJG - ELIZABETH SCHMIDT - CENTRE WARD (CONT'D) ii) Submission and approval of a parking plan from the City's Manager of Community Planning and Development Review, providing for at least three parking spaces in the rear yard; iii) Construction of the parking area in accordance with the approved plan, to the MAY 26, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 83 - CITY OF KITCHENER satisfaction of the City's Manager of Community Planning and Development Review or submission of a letter of credit in an amount sufficient to guarantee the construction of the parking area in accordance with the approved plan. iv) The owner acknowledges that Conditions i), ii) and iii) are 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. 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 approved Municipal Plan." Councillor M. Yantzi, Vice-Chair, advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, June 3, 1997. PD 97/40 - 76 FAIRFIELD AVENUE / BREITHAUPT PARK - DECLARATION AND SALE OF SURPLUS CITY LAND -ZONE CHANGE APPLICATION ZC96161FIZJ - JOHN MARQUIS & CITY OF KITCHENER - BRIDGEPORT-NORTH WARD The Committee was advised that a joint application has been received from John Marquis and the City of Kitchener to change the zoning of lands known municipally as 76 Fairfield Avenue and a small triangular piece of land within Breithaupt Park. It was noted in the report that the owner of 76 Fairfield Avenue wishes to rezone the property in order to legalize the existing triplex use. In addition, a small portion of City owned lands is proposed to be rezoned in order to facilitate the purchase of these lands and their amalgamation with 76 Fairfield Avenue. In this regard the Committee considered Planning and Development Staff Report PD 97/40 dated April 24, 1997 and a proposed by-law dated April 11, 1997 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. Ms. C. Ladd explained the purpose of the application and advised that staff had nothing further to add to the report under consideration. Mr. John Marquis appeared as a delegation and advised that he was not in agreement with the purchase price of $2,100.00 plus survey and legal costs that was contained in the recommendation. He suggested that the lands have no real value to the City. Mr. Z. Janecki advised that the City's Land Purchasing Officer had reviewed the matter and provided a valuation of $2,100.00 plus survey and legal costs which were estimated to be in the $1,400.00 range. Mr. J. Marquis stated that he would like to purchase the land parcel but that he disagreed with the price. Councillor G. Lorentz commented that the City had an obligation to obtain fair market value for the lands and he suggested that not having the land devalues Mr. Marquis' property whereas by amalgamating the land parcel increases Mr. Marquis' property value. PD 97/40 - 76 FAIRFIELD AVENUE / BREITHAUPT PARK - DECLARATION AND SALE OF SURPLUS CITY LAND -ZONE CHANGE APPLICATION ZC96161FIZJ - JOHN MARQUIS & CITY OF KITCHENER - BRIDGEPORT-NORTH WARD (CONT'D) On motion by Councillor John Smola - it was resolved: 'A. That Zone Change Application ZC 96/6/F/ZJ (John Marquis and City of Kitchener) requesting a zone change from Residential Four Zone (R-4) and Open Space Zone MAY 26, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 84 - CITY OF KITCHENER (P-2) to Residential Five Zone (R-5) with Special Regulation Provision 224R all according to By-law 85-1, on Part of Lot 14, Registered Plan 736 and Part of Lot 50, Registered Plan 788 be approved in a form shown in the "Proposed By-law" attached, dated April 11, 1997, subject to the following condition being satisfied prior to any readings of the By-law by City Council: 1) That the owner purchase from the City of Kitchener, a portion of the surplus Open Space lands from Breithaupt Park for $2,100.00 plus all surveying and legal costs associated with the land purchase and transfer. 2) The owner acknowledges that condition #1 is required to be satisfied no later than seven months after Council having approved by resolution Zone Change Application ZC 96/6/F/ZJ. 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 approved Municipal Plan. That the parcel of land described as Part of Lot 50, Registered Plan 788 fronting on Fairfield Avenue be declared surplus to the City's needs and sold to the abutting owner, John Marquis, for $2,100.00 plus survey and legal costs." Councillor M. Yantzi, Vice-Chair, advised that the recommendation would be considered by City Council at its meeting to be held on Tuesday, June 3, 1997. Councillor M. Wagner questioned if there was an appeal mechanism in such cases as that Mr. Marquis finds himself in which would serve to provide a level of comfort that a fair price was established. Mr. T. McCabe advised that in cases where there is disagreement between the City and the prospective purchaser, the purchaser will often hire an appraiser for purposes of price negotiation. Councillor M. Wagner indicated that he would like to discuss the matter in more depth at a future meeting. Councillor John Smola commented that the land transaction being undertaken in conjunction with the zone change application was no different where abutting property owners were purchasing abutting portions of a lane to be closed. PD 97/48 - ADDENDUM TO PD 97~28 PD 97~28 - VICTORIA STREET SOUTH - ZONE CHANGE APPLICATION ZC96141NIPB - MODIFICATIONS TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-90031 - MONARCH CONSTRUCTION LIMITED - WEST WARD The Committee was advised that the Department of Planning and Development was in receipt of applications to change the zoning and modify the draft approved Plan of Subdivision 30T-90031 with respect to a parcel of land south of Victoria Street South. In this regard the Committee considered Planning and Development Staff Report PD 97/28 dated May 2, 1997 and a proposed by-law dated May 2, 1997 attached to the report. It was noted in the report that the applicant is proposing to rezone this parcel of land comprised of approximately 18.94 hectares in size to facilitate the development of a new subdivision. A Plan of Subdivision was draft approved in three stages in 1994 and Stage 1 of the Plan of Subdivision was subsequently registered and developed. Stages 2 and 3 proposed one multiple residential block and the remainder of the lands were proposed for lots having an average lot width of 13.7 metres (45 PD 97/48 - ADDENDUM TO PD 97~28 PD 97~28 - VICTORIA STREET SOUTH - ZONE CHANGE APPLICATION ZC96141NIPB - MODIFICATIONS TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-90031 - MONARCH CONSTRUCTION LIMITED - WEST WARD (CONT'D) ft). The intent of this zone change is to reduce the size of the lots in keeping with today's housing demands to an average lot width of 9.1 metres. The Committee was also in receipt of Planning and Development Staff Report PD 97/48 dated May 7, 1997 prepared as an addendum to PD 97/28. The report recommends a revision to MAY 26, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 85 - CITY OF KITCHENER recommendation A concerning the zone change by deleting reference to Residential Four Zone (R-4) and replacing the proposed by-law dated May 2, 1997 with a revised proposed by-law dated May 6, 1997 which was attached to PD 97/48. 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. C. Ladd briefly explained the purpose of the zone change application and request for modification to the draft approved plan of subdivision which would allow smaller lots in keeping with current market conditions. Mr. Glenn Scheels appeared as a delegation accompanied by two officials from Monarch Construction Limited to support the recommendations outlined in the two staff reports. He commented on the planning history of the subject property and noted that meetings had been held in February and March with neighbourhood residents and further modifications had been made to the proposed plan in response to neighbourhood concerns. Mr. Scheels pointed out that tree saving has been an issue and that Monarch had addressed this issue following discussion and input from staff and neighbourhood residents. He commented that they have maximized tree retention but noted that some trees were hazardous and have had to be removed. As well, he pointed out that there was no possibility of maintaining a few hedge rows in the middle of the land parcel but that Monarch was undertaking shrub and tree planting along the south and east sides of the site and this involves the planting of some 400-500 trees and shrubs which he suggested more than compensates for the number that have been removed. Improvements have been made to the Storm Water Management System over what was in place in the current draft plan. In summary, he stated that the changes were appropriate and compatible with surrounding properties and construction. Councillor T. Galloway commented that he understood that residents of Bankside Drive had perceived that they were loosing a portion of the greenbelt abutting the rear of their properties as a result of the proposed subdivision plan. Mr. Scheels advised that no changes at all have been proposed to the creek corridor and greenbelt area. Mr. Greg Murdoch appeared as a delegation on behalf of area residents living on Wildlark Crescent which is located to the east of the proposed plan of subdivision. He indicated that residents adjoining the proposed plan have two primary concerns: firstly, preservation of natural aspects of the undeveloped land and secondly, increased density. In reference to the preservation issue, he advised that the applicant has clear cut one hedge row and plans to cut another as well as remove a substantial number of existing mature trees from buffer areas. He commented that residents do not feel that their concerns that were expressed at meetings with the developer were heard as they had requested every effort be made toward preservation of these natural areas. Further, he noted that cutting began on May 14th which left residents with the perception of having little input into the development. He suggested that there should be an additional buffer area adjoining hedge rows and that tree preservation should be part of the zoning process. Mr. Murdoch then commented on the density issue and pointed out that a substantial increase was proposed over what was currently approved. He expressed concern regarding how the area was developing given that there was Iow density on the north side of Victoria Street South and high density on the south side of Victoria Street South noting that this may place a stress on community services on the south side. PD 97/48 - ADDENDUM TO PD 97~28 PD 97~28 - VICTORIA STREET SOUTH - ZONE CHANGE APPLICATION ZC96141NIPB - MODIFICATIONS TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-90031 - MONARCH CONSTRUCTION LIMITED - WEST WARD (CONT'D) Ms. C. Ladd stated that it was her understanding that the applicant had proceeded with removal of vegetation for purposes of pre-grading the site and that the applicant currently has the authority to do so. She also stated that it was her understanding that the amount of grading necessary would have impacted the two hedge rows had the original subdivision plan been proceeded with. In response to Councillor T. Galloway, she indicated that she did not known if the current tree management plan was being adhered to. Councillor J. Ziegler questioned why staff were MAY 26, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 86 - CITY OF KITCHENER supporting such a significant increase in density. Ms. C. Ladd responded that market demand was for smaller lots and there were several reasons that staff could support increased density and she made reference to various city policies in this regard. In response to Councillor J. Ziegler, Mr. G. Murdoch advised that he was representing all of the neighbours on Wildlark Crescent and noted that at the public information meetings with the applicant the residents had not given approval of tree cutting or increased density that would see the land parcel develop with 150 additional units than in the current plan. Mr. Glenn Scheels advised that after detailed grading consultation, it was evident that there was no way that the two hedge rows could have been maintained. With regard to the hedge row to the back of properties on Wildlark Crescent he advised that part of the hedge row was lost when the dwellings on Wildlark Crescent were developed. In reference to the potential for increased density and the concern that had been expressed in this regard he advised that sufficient infrastructure was in place to accommodate the proposed density. Further, he pointed out that the applicant had altered the proposed plan which initially had Iotless blocks backing onto the rear of the properties on Wildlark Crescent and this was changed to create lots with a 35 foot width to make it known what would develop to the rear of their properties. Councillor J. Ziegler referred to the lots in the proposed plan that back onto both Wildlark Crescent and Oliver Court and pointed out that it has been the City's practice to encourage purchasers of new properties to check the zoning and what was proposed for any undeveloped lands adjoining their properties. He suggested that many of these residents may have relied on the plans in place with respect to properties to their rear and was of the view that those properties immediately abutting should develop similar to what was originally proposed. He questioned how many lots would be lost by the applicant if the original plan was adhered to in respect to lots abutting the rear of properties on Oliver Court and Wildlark Crescent and Mr. Scheels advised that approximately five or six lots would be lost to widening all lots. Councillor Ziegler suggested that approval of the plan of subdivision be deferred and referred to staff with instruction to develop comparable lot sizes backing onto those existing on Wildlark Crescent and Oliver Court. Mr. G. Scheels responded that rather than hold up development of the entire parcel over this issue, the applicant would agree to provide 40 foot lots where they abut the rear of properties on Wildlark Crescent and Oliver Court. A motion by Councillor J. Ziegler supporting the subdivision plan provided lotting changes were made so that proposed lots backing onto the rear of properties on Wildlark Crescent and Oliver Court match the lot width of those properties was accepted by the Committee. Mr. Paul Robert, a resident of Wildlark Crescent questioned if some of the plantings that Monarch intends to make could take place along the existing hedge row that is experiencing some cutting and Mr. G. Scheels advised that the applicant would be shifting some trees to the area of the hedge row. The staff reports and recommendations were then considered. It was agreed that the plan of subdivision would be revised in accordance with the lotting arrangement agreed to this date and that the proposed by-law dated May 2nd as revised May 6th would be further revised as of May 26th to amend clause 3 of the May 6th by-law regarding Appendix 'D', subsection 241 to provide for a minimum lot width of 12 metres for lots that will back onto the rear of the lots that front Wildlark Crescent and Oliver Court. PD 97/48 - ADDENDUM TO PD 97~28 PD 97~28 - VICTORIA STREET SOUTH - ZONE CHANGE APPLICATION ZC96141NIPB - MODIFICATIONS TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-90031 - MONARCH CONSTRUCTION LIMITED - WEST WARD (CONT'D) The recommendations as revised and the proposed by-law as revised this date were then considered. On motion by Councillor J. Ziegler - it was resolved: MAY 26, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 87 - CITY OF KITCHENER 'A. That Zone Change Application ZC 96141NIPB (Monarch Construction Ltd.) requesting a change in zoning from Residential Three Zone (R-3) to Residential Four Zone (R-4) with special regulation provision 251 R, Residential Four Zone (R-4) with special regulation provision 241R and Hazard Land Zone (P-3), according to By-law 85-1, on Part of Lot 35 G.C.T., be approved in the form shown in the revised Proposed By-law dated May 26, 1997, to amend clause 3 regarding Appendix 'D', subsection 241 to provide for a minimum lot width of 12.0 metres, subject to the conditions contained in recommendation (B) below. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's approved Municipal Plan. That Council recommend to the Regional Municipality of Waterloo that modifications be approved to draft approved Plan of Subdivision 30T-90031 (Monarch Construction Ltd.) subject to a new Residential Subdivision Agreement being entered into and registered on title of the lands containing Stages 2, 3, 4, 5 and 6 of the Plan, incorporating the following conditions: 51. That the final plans for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated revised, May 26, 1997 which represents a resubdivision of lands for which Stage 1 of the plan has been registered as Registered Plan 1796 and which is regulated under a Subdivision Agreement registered under Instrument Number 1212476. Minor changes to said plan, acceptable to the General Manager of Planning and Development and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. 52. 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, Ontario Hydro and the Grand River Conservation Authority. 53. That prior to any grading or construction on the site or registration of any stage of the plan 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 Grand River Conservation Authority, the Regional Municipality of Waterloo and Ontario Hydro, a detailed engineering design for storm water management in accordance with the Detweiler Drainage Study. Said engineering design shall include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 54. That the streets names within the Plan shall be Westforest Trail, Hidden Creek Drive, Hollyridge Crescent and Heatherwood Place as shown on the Plan of Subdivision. 55. The division of any lots or blocks by Part Lot Control shall be subject to compliance with the following requirements: PD 97/48 - ADDENDUM TO PD 97~28 PD 97~28 - VICTORIA STREET SOUTH - ZONE CHANGE APPLICATION ZC96141NIPB - MODIFICATIONS TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-90031 - MONARCH CONSTRUCTION LIMITED - WEST WARD (CONT'D) to submit a draft reference plan for each lot or block, showing all required maintenance easements and eave encroachments if the lots or blocks are proposed for zero sideyard housing, and obtain approval of the draft reference plan from the Director of Building, Zoning and Inspections, the General Manager of Public Works and the Commission's Engineer. MAY 26, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 88 - CITY OF KITCHENER 56. 57. ii) to pay all current outstanding taxes prior to the submission of a part lot control exemption By-law to City Council. iii) to receive final approval of a Part Lot Control Exemption By-law iv) that the draft reference plan approved above shall be deposited in accordance with the Registry Act and three copies submitted to the Director of Building, Zoning and Inspections. v) no building permits shall be issued until steps (i), (ii), (iii), (iv) and 56. ii) are completed and the lots and blocks are in compliance with the approved reference plan and the approved servicing and grading plans; vi) any further division of lands to create additional building parcels shall require the submission of subsequent reference plans to be approved in accordance with steps (i), (ii), iii) and (iv) above. The passing of another part lot control exemption by-law shall not be required. Notwithstanding Section 55 above, in the event that only one dwelling is to be constructed on a block in advance of final approval of a Part Lot Control Exemption By-law; in order to ensure that the proper and orderly ultimate development of the block is not compromised, the Subdivider agrees that prior to the issuance of any Building Permits: to submit a draft reference plan for each lot or block, showing all required maintenance easements and eave encroachments if the lots or blocks are proposed for zero sideyard housing, and obtain approval of the draft reference plan from the Director of Building, Zoning and Inspections, the General Manager of Public Works and the Commission's Engineer. ii) to obtain approval of lotting plans for each lot or block illustrating lotting, service connections, street utility hardware and proposed grades, together with building envelopes and driveway locations where required, in conformity with the approved draft reference plan as set out above, from the City's Director of Building, Zoning and Inspections. The Subdivider agrees that all zero sideyard housing shall provide 1.5 metre wide easements for maintenance and an easement allowing a maximum encroachment of 0.3 metres for eaves. Prior to the issuance of any building permits, the Subdivider agrees to obtain a reference plan showing such easements and to prepare easements documents for the approval of the City Solicitor. The Subdivider shall provide a letter to the Manager of Community Planning and Development Review from the City Solicitor confirming the approval of the easement documents and further, a letter confirming that the reference plan has been deposited and the easements documents, so approved, have been registered. This condition shall constitute part of the Regional Municipality of Waterloo's approval of draft conditions and as such, consent applications shall not be PD 97/48 - ADDENDUM TO PD 97~28 PD 97~28 - VICTORIA STREET SOUTH - ZONE CHANGE APPLICATION ZC96141NIPB - MODIFICATIONS TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-90031 - MONARCH CONSTRUCTION LIMITED - WEST WARD (CONT'D) required for the establishment of such maintenance or eave encroachment easements. 58. To construct 1.5 metre concrete sidewalks along both sides of all the streets in the plan of subdivision, to the satisfaction of the City's General Manager of Public Works. MAY 26, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 89 - CITY OF KITCHENER 59. 60. 61. 62. 63. That 0.3 metre reserves may be required to facilitate the staging of the plan and all 0.3 metre reserves shall be shown on the final plans for registration and shall be conveyed at no cost and free of encumbrance to the City as required. The City shall be responsible for the passing of a by-law opening said reserves as "public highway" following the registration of subsequent stages of the plan and the completion and acceptance of the road works, to the satisfaction of the City's General Manager of Public Works. That public walkways Blocks 10 and 11 (Stage 3), Block 21 (Stage 4), Blocks 22 & 23 (Stage 5) and Block 3 (Stage 6) be dedicated to the City through the registration of each relevant stage of the plan of subdivision. The Subdivider agrees that the conveyance of Block 91 (Stage 2) of this Plan of Subdivision, being 2.2 hectares in size, together with Block 48 (Stage 2) of Plan of Subdivision 30T-88033 (totalling 2.378 hectares of land) and a cash in lieu contribution for 0.11 hectares of land, shall satisfy the 5% parkland dedication requirement of 1.639 hectares for the entire plan of subdivision including the Stage 1 lands now under Registered Plan 1796 and the parkland dedication requirement for previous Plans of Subdivision by this Subdivider as outlined in the Parkland Deferral Agreement registered on title under Instrument Number 1032429. The Subdivider agrees to install to the satisfaction of the City's General Manager of Parks and Recreation a boundary identification system along the lot lines which abut Blocks 91 and 92, (Stage 2) prior to occupancy of Block 88 (Stage 2). The Subdivider further agrees to include a statement advising of the marking system requirement in all Offers to Purchase and Agreements of Purchase and Sale for the Lots and Blocks affected by this Section. The Subdivider agrees 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, to comply with the following process in the development of the subdivision in accordance with the City's approved Tree Management Policy: a) prior to the City releasing any 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, and inspected by the City and the Subdivider has received a written authorization from the City's General Manager of Public Works to proceed with said grading. c) to implement and be responsible for providing all information contained in the approved detailed vegetation plan, tree preservation/enhancement plan (if applicable), to all of its heirs, executors, administrators, successors and PD 97/48 - ADDENDUM TO PD 97~28 PD 97~28 - VICTORIA STREET SOUTH - ZONE CHANGE APPLICATION ZC96/41/V/PB - MODIFICATIONS TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-90031 - MONARCH CONSTRUCTION LIMITED - WEST WARD (CONT'D) assigns in order to ensure that the requirements outlined in said plan(s) are carried out as specified. d) a tree preservation/enhancement plan will be required prior to applying for or having issued any building permits for those lots or blocks 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 having street frontage greater than 13.7 metres, proposed buildings that MAY 26, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 90 - CITY OF KITCHENER 64. 65. 66. are located deeper on the lot than approved on the detailed vegetation plan and/or on which 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 Subdivider's Environmental Consultant who prepared the approved plan. In cases where major irreparable tree damage is done, liability is questionable, or the tree is judged to be unsafe, in the opinion of the Subdivider's Environmental Consultant and/or the City, each such tree shall be removed and replaced with at least one tree of equal value based on the tree value formula as set out in "Guide for Plan Appraisal" of the International Society of Aboriculture, latest edition. Tree replacements are to be located on the same lot or block as the tree requiring removal or to a location within the subdivision requiring enhancement. Furthermore, such remedial measures or tree replacements shall be approved by the City's Manager of Design, Heritage and Environment and shall be satisfactorily implemented prior to occupancy of the units or, due to weather conditions, by the next planting season. The Subdivider agrees to make satisfactory arrangements with Ontario Hydro for any required temporary and permanent fencing around the Hydro facilities and for the relocation of or revisions to Ontario Hydro facilities if required as a result of the subdivision, prior to registration of Stages 2 and 5 of the Subdivision Plan. The Subdivider shall present a letter to the City's General Manager of Planning and Development confirming that satisfactory arrangements have been made with Ontario Hydro for the above matters, prior to the City's release of the particular stage of the Plan of Subdivision for registration. The Subdivider further agrees to satisfy Ontario Hydro with respect to being responsible for the restoration of any damage of the right-of-way resulting form construction of the subdivision. The Subdivider agrees to obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 149 of R.R.O. 1990 as amended by Ontario Regulation 69/93. Such permit shall be obtained, prior to any on-site grading, the installation of services or prior to the City's release of each stage of the Subdivision Plan for registration purposes if required by the Grand River Conservation Authority. The Subdivider agrees that all construction traffic to and from Stage 2 be directed to Victoria Street via Westforest Trail and all construction traffic to and from Stages 3, 4, 5 and 6 be directed to Highland Road West or Victoria Street South via Westforest Trail. The Subdivider agrees to advise all relevant contractors, builders and other persons of the requirement, with the Subdivider being responsible for any signage, if required, all to the satisfaction of the City's Director of Traffic and Parking Services. PD 97/48 - ADDENDUM TO PD 97~28 PD 97~28 - VICTORIA STREET SOUTH - ZONE CHANGE APPLICATION ZC96/41/V/PB - MODIFICATIONS TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-90031 - MONARCH CONSTRUCTION LIMITED - WEST WARD (CONT'D) 67. The Subdivider acknowledges that the development of the Plan of Subdivision may proceed in six (6) stages in the follow order of sequence: a) the registration and development of Stage 3 must occur after the registration of Stage 2; b) the registration and development of Stage 4 must occur after the registration of Stage 3; MAY 26, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 91 - CITY OF KITCHENER c) the registration and development of Stage 5 may occur consecutive with or subsequent to Stage 4; d) the registration and development of Stage 6 may occur consecutive with or subsequent to the registration of Stage 5. 68. To design and construct a walkway/emergency access on Block 23 (Stage 5) and Block 3 (Stage 6) to the satisfaction of the General Manager of Public Works prior to the issuance of any building permits in each relevant stage. 69. That a plan showing driveway locations for all lots shall be approved by the City's Manager of Community Planning and Development Review in consultation with the General Manager of Public Works prior to the installation of services within the plan of subdivision. 70. 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 Stage 2 of the subdivision plan: a) Block 91, for park purposes; b) Block 92, for open space; c) Blocks 93 and 94, for storm water management purposes; 71 .a) The Subdivider agrees to make arrangements with Ontario Hydro for the conveyance to the City of that portion of Westforest Trail crossing from Ontario Hydro to the City at no cost and free of encumbrance (save for the Ontario Hydro Transmission Easement) prior to the registration of Stage 2. Further, prior to the issuance of any building permits for Stage 2, that portion of the road crossing the Ontario Hydro Corridor shall be opened by By-law as public highway. The Subdivider agrees to design and fully service this portion of Westforest Trail to the satisfaction of the City's General Manager of Public Works as part of the overall servicing requirements of this Agreement in Stage 2. b) The Subdivider agrees to make provision to the satisfaction of the City's General Manager of Public Works for the extension of the public walkway link between Block 22 (Stage 5) and Victoria Street South through the Ontario Hydro Corridor lands, including the conveyance of any necessary lands to the City. The Subdivider shall arrange for the conveyance of the walk link extension from Ontario Hydro to the City at no cost and free of encumbrance (save for the Ontario Hydro Transmission Easement) prior to the registration of Stage 5. 72. To convey Blocks 89 and 90 (Stage 2) to the City, without cost and free of encumbrance, for temporary road purposes until such time as Hollyridge Crescent and Hidden Creek Drive have been constructed and accepted by the City in Stage 3. Said temporary road shall be designed and constructed to the satisfaction of the General Manager of Public Works prior to the issuance of any building permits in Stage 2. At such time as the temporary road is no longer required it shall be PD 97/48 - ADDENDUM TO PD 97~28 PD 97~28 - VICTORIA STREET SOUTH - ZONE CHANGE APPLICATION ZC96/41/V/PB - MODIFICATIONS TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-90031 - MONARCH CONSTRUCTION LIMITED - WEST WARD (CONT'D) removed to the satisfaction of the General Manger of Public Works and the City acknowledges that, at that time, Blocks 89 and 90 will be surplus to its needs and will reconvey Blocks 89 and 90 to the subdivider without cost. That no building permits be issued for Blocks 89 and 90 (Stage 2) until such time as the temporary road is removed to the satisfaction of the City's General Manager of Public Works. 73. To convey Blocks 8 and 9 (Stage 3) to the City, without cost and free of MAY 26, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 92 - CITY OF KITCHENER encumbrance, for temporary road purposes until such time as Hollyridge Crescent and Hidden Creek Drive have been constructed and accepted by the City in Stage 4. Said temporary road shall be designed and constructed to the satisfaction of the General Manager of Public Works prior to the issuance of any building permits in Stage 3. At such time as the temporary road is no longer required it shall be removed to the satisfaction of the General Manger of Public Works and the City acknowledges that, at that time, Blocks 8 and 9 will be surplus to its needs and will reconvey Blocks 8 and 9 to the subdivider without cost. That no building permits be issued for Blocks 8 and 9 (Stage 3) until such time as the temporary road is removed to the satisfaction of the City's General Manager of Public Works. 74. To convey Lot 16 (Stage 4) to the City, without cost and free of encumbrance, for temporary turning circle purposes until such time as Hidden Creek Drive has been constructed and accepted by the City in Stage 5. Said temporary turning circle shall be designed and constructed to the satisfaction of the General Manager of Public Works prior to the issuance of any building permits in Stage 4. At such time as the temporary turning circle is no longer required it shall be removed to the satisfaction of the General Manger of Public Works and the City acknowledges that, at that time, Lot 16 will be surplus to its needs and will reconvey Lot 16 to the subdivider without cost. That no building permits be issued for Lot 16 (Stage 4) until such time as the temporary turning circle is removed to the satisfaction of the City's General Manager of Public Works. 75. To obtain approval of plans/drawings from the City's Manager of Design, Heritage and Environment for a planting strip located at the rear of lots 5 through 14 (Stage 4). Said planting strip is to be developed at the Subdivider's cost in accordance with the approved plans and 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. It is the opinion of this Committee that the approval of this modification to the subdivision plan is proper planning for the City and is in conformity with the City's approved Municipal Plan. That the lands within Stages 2, 3, 4, 5 and 6 of the proposed plan of Subdivision be released from Instrument Number 1212476, 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 1796, immediately after the execution and registration of the agreement required in B above. PD 97/48 - ADDENDUM TO PD 97~28 PD 97~28 - VICTORIA STREET SOUTH - ZONE CHANGE APPLICATION ZC96141NIPB - MODIFICATIONS TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-90031 - MONARCH CONSTRUCTION LIMITED - WEST WARD (CONT'D) That the implementing Zoning By-law for Zone Change Application 96/41N/PB (Monarch Construction Ltd.) not be sent to City Council until Subdivision Application 30T-90031 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 form the Regional Municipality of Waterloo advising that the Region has no objections to the passing of the By-law." Councillor M. Yantzi, Vice-Chair advised those in attendance that this recommendation would be MAY 26, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 93 - CITY OF KITCHENER considered by City Council at its meeting to be held on Tuesday, June 3, 1997. ADJOURNMENT On motion, the meeting adjourned at 5:17 p.m. L.W. Neil, AMCT Assistant City Clerk