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HomeMy WebLinkAboutPlng & Econ Dev - 1997-05-05P E D\1997 -05 -05 MAY 5, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:35 p.m. under Councillor C. Weylie, Chair, with the following members present: Councillors John Smola, G. Lorentz, K. Redman, T. Galloway, M. Yantzi, J. Ziegler, and M. Wagner. Councillors B. Vrbanovic and Jake Smola entered the meeting after its commencement. Officials present: Ms. C. Ladd, P. Bacon, and Messrs. T. McCabe, B. Stanley, J. Shivas, D. Mansell, P. Wetherup, J. Willmer and L.W. Neil. PD 97/34 - 21 AHRENS STREET WEST - ZONE CHANGE APPLICATION 96/46/A/JW - R. & C. LOWE - CENTRE WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from R. & C. Lowe to change the zoning of a property known municipally as 21 Ahrens Street West. The property owners propose to construct a detached accessory building in the rear yard of the subject property and have requested a temporary use by-law to allow the building to be occupied as a garden suite. The proposed building would be converted to a garage at such time as it is no longer used as a dwelling unit. In this regard the Committee considered Planning and Development Staff Report PD 97/34 dated April 9, 1997 and a proposed by-law dated March 27, 1997 attached to the report. It was pointed out in the report that the Planning Act provides for a temporary use provision of up to 10 years for garden suites and that any extension of this time period would require passage of a new 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. Ms. C. Ladd advised that staff had nothing further to add to the report under consideration. It is noted that following the meeting a typographical error was discovered in the staff recommendation regarding special regulation 266 which was incorrectly shown as 266U rather than special regulation 266R as shown correctly in the proposed by-law. Ms. Lowe was in attendance and indicated concurrence with the staff recommendation No other delegations responded to an invitation from the Chair to address the Committee on this matter. On motion by Councillor J. Ziegler - it was resolved: "That Zone Change Application ZC 96/461A/JW (R. & C. Lowe) rezoning 21 Ahrens Street West from R-5 (Residential Five Zone) with special use provision 127U to R-5 (Residential Five Zone) with special use provision 127U, special regulation 266R and temporary use provision 4T, be approved in the form shown in the attached "Proposed By-law", dated March 27, 1997, subject to the following conditions being satisfied prior to any readings of the by-law by Council: 1) 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 or conversion 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. MAY 5, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 66 - CITY OF KITCHENER PD 97/34 - 21 AHRENS STREET WEST - ZONE CHANGE APPLICATION 96/46/A/JW - R. & C. LOWE - CENTRE WARD (CONT'D) 2) 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 96/46/A/JW. In the event this requirement is not fulfilled within the 7 month period, Council shall consider rescinding its Zone Change approval. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan." PD 97/38 - 1144 COURTLAND AVENUE EAST - ZONE CHANGE APPLICATION 97/8/C/CL - AVILA INVESTMENTS LTD. - FAIRVIEW WARD The Committee has advised that the Department of Planning and Development was in receipt of an application initiated by the City of Kitchener to change the zoning of a portion of a parcel of land situated at 1144 Courtland Avenue East at its intersection with Shelley Drive. The staff report points out that a small portion of the lands which are zoned Existing Use (E-l) are proposed to be rezoned in order to facilitate the development of a new building ancillary to the existing Neighbourhood Commercial Plaza. In this regard, the Committee considered Planning and Development Staff Report PD 97/38 dated April 23, 1997 and a proposed by-law dated April 22, 1997 attached to the report. The report details the official plan designation of this parcel and issues involving Site Plan Application and approvals. It was pointed out that notice of the Committee would hold a public hearing this date to consider this matter had previously been given. Ms. C. Ladd advised that staff had nothing further to add to the report other than to request two minor revisions. The first change relates to the recommendation and she asked that reference in the recommendation to Special Regulation Provision 241R be corrected to refer to Special Use Provision 241U. Secondly, she pointed out that on page 3 of the report reference to the words "subject to the condition contained therein" should be deleted as there were no conditions attached to the approval of the zone change. No delegations were registered in respect to this matter. The recommendation in the staff report was then considered and it was agreed to revise the recommendation in accordance with the request of Ms. C. Ladd. On motion by Councillor M. Wagner - it was resolved: "That Zone Change Application ZC 97/8/C/CL (City of Kitchener) proposing to add special use provision 241U to the Existing Use Zone (E-l), on Part Block H, R.P. 1221, be approved in the form shown in the "Proposed By-law" attached, dated April 22, 1997, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan." PD 97~20 - KEEWATIN AVENUE - REVISION TO GRAND RIVER NORTH COMMUNITY PLAN - ZONE CHANGE APPLICATION 96/40/K/PB - SUBDIVISION APPLICATION 30T-96007 - HALLMAN ROSEDALE LIMITED - STANLEY PARK WARD City Council at its April 28, 1997 meeting deferred and referred consideration of the recommendation of the Planning and Economic Development Committee arising from its April 21 st meeting with regard to the above referenced matter. City Council directed that the MAY 5, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 67 - CITY OF KITCHENER PD 97~20 - KEEWATIN AVENUE - REVISION TO GRAND RIVER NORTH COMMUNITY PLAN - ZONE CHANGE APPLICATION 96/40/K/PB - SUBDIVISION APPLICATION 30T-96007 - HALLMAN ROSEDALE LIMITED - STANLEY PARK WARD (CONT'D) Committee's recommendation be considered this date and any recommendation be placed before the May 5, 1997 Special Council Meeting to be held immediately following this Committee meeting. The Committee was in receipt of Planning and Development Staff Report PD 97/46 prepared as an addendum to report PD 97/20. The addendum report recommends the addition of a further condition to be numbered as 67 with regard to Subdivision Application 30%96007. A copy of the letter dated May 2nd, 1997 from Mr. C. Gosselin of the Region of Waterloo and a draft from the April 30, 1997 meeting minutes of the region's Ecological and Environmental Advisory Committee was distributed. Ms. C. Ladd advised that at Council's April 28th meeting, Mr. J. Thompson from the K-W Field Naturalists had expressed a concern that a natural corridor linking the woodlot to the south of Ottawa Street to the woodlot north of this plan was not being maintained through the proposed plan of subdivision and as such small wildlife movement between the two areas would be restricted. She noted that staff had sought advise from regional E.E.A.C. regarding the functionality of such a wildlife corridor. E.E.A.C. concluded that a corridor which would require a road crossing would not be affective for small animal movement; however, they did advise that the area at the rear of Lots 10 to 19 which is proposed to be naturalized by the subdivider would serve as an effective corridor. At a meeting held on May 2, 1997 it was agreed that a new condition ensuring the completion of a naturalized planting strip would be included in the proposed plan. Ms. Ladd pointed out that a safety concern had been expressed in regard to any alternative proposal that would lead directly to the Storm Water Management Area. In response to Councillor C. Weylie, Mr. D. Mansell commented on elevations of the site to be developed and pointed out that the lots backing onto the Storm Water Management Area would have walk out basements with elevation dropping approximately 20 feet. Further, he indicated that it was expected there would be at least one foot of water in the Storm Water Management pond at all times and approximately 4 feet of water during a five year storm. Mr. J. Thompson appeared before the Committee further to his presentation that was made at the April 28th Council meeting. He indicated that in a recommendation carried at E.E.A.C. it was requested that the City attempt to maintain the natural corridor linkage as direct as possible across the proposed plan of subdivision as it would be environmentally beneficial and also requested consideration be given to deleting Lot No. 13 and to registering conservation easements across the rear portions of proposed Lots 10 to 19 in order to create a naturally vegetated linkage around the perimeter of the cul-de-sac. Councillors B. Vrbanovic and Jake Smola entered the meeting at this point. Mr. B. Stanley pointed out that the issue to be addressed was whether the proposed linkage would fulfill the objective. He noted that at the E.E.A.C. meeting it was made clear that the linkage route was applicable for birds / butterflys and therefore fulfills the objective. He suggested that the habitat linkage would be fulfilled with plantings at the rear of the lots. Accordingly, staff maintained that a full easement is not necessary and that proposed condition 67 addressed the issue while the provisions of Provincial Bill 163 would ensure maintenance of a wooded perimeter around the lots. In his view this was as effective as an environmental easement. Mr. P. Dietrich appeared as a delegation on behalf of the applicant and stated that he supported the Staff Addendum Report with the additional condition. He referred to his comments at the Committee meeting two weeks ago in which he had indicated that the steep slopes should be naturalized. Further, he stated that in consultations last Fall, a linkage option was discussed and rejected. 3. PD 97~20 - KEEWATIN AVENUE MAY 5, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 68 - CITY OF KITCHENER - REVISION TO GRAND RIVER NORTH COMMUNITY PLAN - ZONE CHANGE APPLICATION 96/40/K/PB - SUBDIVISION APPLICATION 30T-96007 - HALLMAN ROSEDALE LIMITED - STANLEY PARK WARD (CONT'D) No other delegations were registered respecting this matter. The Committee recommendation which City Council referred back for additional consideration was then considered and revised to include the additional Condition No. 67 proposed this date. On motion by Councillor J. Ziegler - it was resolved: "A. That the "Grand River North Community Plan" be revised as follows: a) That Map "A" Land Use Plan, be revised to redesignate lands as indicated on the map attached, from Parks and Schools to Low Density Residential. b) That the Policy 3.5.5. be deleted. It is the opinion of this Committee that approval of this revision to the Community Plan is proper planning for the City. That Zone Change Application ZC 96/40/K/PB (Hallman Rosedale Ltd.) requesting a change in zoning from Neighbourhood Institutional (I-1), Public Park Zone (P-l), to Residential Four Zone (R-4), Open Space Zone (P-2), Public Park Zone (P-l), according to By-law 85-1 and from Park, Public Open Space (P), Semi-Restricted Residential (R2B) according to By-law 4830 to Open Space Zone (P-2) and Residential Four Zone (R-4) according to By-law 85-1, on Part of Blocks 231 and 232, Registered Plan 1829 and Lot 52, Blocks 60, 61, 62, 63 and 69, Registered Plan 1829, be approved in the form shown in the attached Proposed By-law dated March 26 1997, subject to the Subdivision conditions contained in recommendation (C) below. That Subdivision Application 30T-96007 (Hallman Rosedale Ltd.) 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 the following special conditions shall be written therein. The Subdivider covenants and agrees: 51. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated, March 5, 1997, providing that minor amendments to said plan, acceptable to the General Manager of Planning and Development and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. 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 Department of Parks and Recreation, the Regional Municipality of Waterloo and the Grand River Conservation Authority prior to any grading or construction on site and prior to the release of this plan. PD 97~20 - KEEWATIN AVENUE - REVISION TO GRAND RIVER NORTH COMMUNITY PLAN - ZONE CHANGE APPLICATION 96/40/K/PB MAY 5, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 69 - CITY OF KITCHENER - SUBDIVISION APPLICATION 30T-96007 - HALLMAN ROSEDALE LIMITED - STANLEY PARK WARD (CONT'D) 53. The Subdivider agrees that prior to any grading or construction on the site and prior to the City's release of this 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 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 engineering design shall be approved prior to the City's release of the Plan for registration and 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 construction traffic to and from the proposed subdivision shall be restricted to Keewatin Avenue and Lackner Boulevard. 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 City's Director of Traffic and Parking Services. 55. 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 the subdivision plan: (a) Block 50, for park purposes; (b) Block 51, for storm water management purposes; (c) Block 49, for a community trail/emergency access. 56. That the street name within the Plan of Subdivision shall be "Glencliffe Court" which shall be shown on the Registered Plan. 57. To construct a 1.5 metre concrete sidewalk on both sides of Glencliffe Court to the satisfaction of the City's General Manager of Public Works. 58. That no building permits shall be issued until Blocks 46, 47 and 48 have been consolidated with Lots 43,44 and 45, respectively. 59. 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 the property lines of Blocks 51 and 52 of this subdivision and Block 231, Registered Plan 1403 where such lot lines abut this subdivision. 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. 60. To design and construct an emergency access road on Block 49 and Block 111, Registered Plan 1718 to the satisfaction of the General Manager of Public Works prior to the issuance of any building permits. 61. To submit for the approval of the General Manager of Parks and Recreation landscaping plans for Block 49 and Block 111, Registered Plan 1678, and to complete the landscaping as approved in the case of Block 111, concurrently with the construction of the emergency access on said Block and in the case of Block 49, immediately after completion of construction on Lots 19 and 20 to the satisfaction of the General Manager of Parks and Recreation. PD 97~20 - KEEWATIN AVENUE - REVISION TO GRAND RIVER NORTH COMMUNITY PLAN - ZONE CHANGE APPLICATION 96/40/K/PB - SUBDIVISION APPLICATION 30T-96007 MAY 5, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 70 - CITY OF KITCHENER - HALLMAN ROSEDALE LIMITED - STANLEY PARK WARD (CONT'D) 62. The Subdivider agrees to fill, compact and grade in both preliminary and finished form topsoil and seed/sod Block 50 to the satisfaction of the City's General Manager of Parks and Recreation, to be completed in conjunction with the timing of grading of surrounding residential development, not to exceed two (2) years from the registration of the Subdivision Plan or at an alternate time approved in writing by the City's General Manager of Parks and Recreation. 63. The easement registered under Instrument Number 1279637 shall be quit claimed prior to the registration of the plan of subdivision at the subdivider's cost. 64. 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. 65. The Subdivider agrees that all zero side yard 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 to be deposited at the time of the sale of either the lot granting the easement or the lot to be granted the easement. This condition shall be regarded as part of the Regional Municipality of Waterloo's approval of draft conditions and as such, consent applications shall not be required for the establishment of such maintenance or eave encroachment easements. 66. The Subdivider agrees that no sewer or water service will be installed within 1.5 metres of the centre of a proposed submersible transformer vault or within 0.9 metres of a proposed electrical service stub and that no fire hydrant will be installed within 3.0 metres of a proposed street light pole or hydro pole. The Subdivider shall review the Commission's engineering drawings to coordinate the locations of these utilities and shall be responsible for insuring that these separations are maintained. 67. To obtain approval of plans/drawings from the City's Manager of Design, Heritage and Environment for a naturalized planting strip at the rear of lots 10 to 19 inclusive. 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. It is the opinion of this Committee that approval of the 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 96/40/K/PB (Hallman Rosedale Limited) not be sent to City Council until Subdivision Application 30T-96007 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. PD 97~20 - KEEWATIN AVENUE - REVISION TO GRAND RIVER NORTH COMMUNITY PLAN - ZONE CHANGE APPLICATION 96/40/K/PB - SUBDIVISION APPLICATION 30T-96007 - HALLMAN ROSEDALE LIMITED - STANLEY PARK WARD (CONT'D) MAY 5, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 71 - CITY OF KITCHENER That the lands within the proposed Plan of Subdivision be released from Instrument Number 1312873, being a subdivision Agreement between the City of Kitchener and Hallman Rosedale Limited, pertaining to the approval of the eleven lots fronting Westchester Drive, immediately upon registration of the new subdivision agreement required in C above." In accordance with direction given by City Council on April 28, 1997, it was agreed that this matter be dealt with at the May 5th Special Council Meeting, which is to reconvene immediately following the conclusion of this Committee meeting. MEMORANDUM - LAND ADJACENT TO KEEWATIN AVENUE - DECLARATION OF SURPLUS CITY LAND - STANLEY PARK WARD City Council at its April 28th meeting also deferred consideration of a memorandum dated April 22, 1997 from Mr. G. Andersen respecting a request to declare property located adjacent to Keewatin Avenue as surplus to the City's needs and referred the matter to the meeting this date with direction that the Committee's recommendation be brought forward as part of the Planning Committee Report to be considered at the May 5, 1997 Special Council Meeting. This issue was previously deferred as it was directly related to subdivision 30T-96007 approval. On motion by Councillor G. Lorentz - it was resolved: "That the parcel of land described as Part of Block 231, Registered Plan 1403, to be designated Blocks 46, 47 and 48 at the rear of Lots 43, 44 and 45, Draft Plan of Subdivision 30T-96007, be declared surplus to the City's needs, and transferred to the abutting owner(s) in exchange for Block 50, Draft Plan of Subdivision 30T-96007 at no cost to the City and free and clear of any encumbrances." In accordance with direction given by City Council on April 28, 1997, it was agreed that this matter be dealt with at the May 5th Special Council Meeting, which is to reconvene immediately following the conclusion of this Committee meeting. REVIEW OF LANDS BOUNDED BY FREDERICK, LANCASTER AND BINGEMAN STREETS CENTRAL FREDERICK SECONDARY PLAN Councillor K. Redman advised the Committee that neighbours in the Central Frederick area would like to see lands returned to Iow rise residential designation that were previously included within a large land assembly for development that was proposed by Kraushaar Holdings. Ms. C. Ladd advised that the designation on the lands referred to would allow structures some 30 metres in height and what was being requested was review of this assembled land package with a focus to reclaiming the housing stock in support of uses considered more compatible with the existing neighbourhood. Mr. T. McCabe questioned what urgency was envisaged for this project and following discussion suggested that with community involvement it could be accommodated in the Fall of 1997. On motion by Councillor K. Redman - it was resolved: "That the Department of Planning and Development be directed to undertake a review of those lands in the Central Frederick Secondary Plan bounded by Frederick, Lancaster and Bingeman Streets with the objective of supporting the Iow rise residential nature of the surrounding neighbourhood." ADJOURNMENT On motion, the meeting adjourned at 4:05 p.m. MAY 5, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 72 - CITY OF KITCHENER L.W. Neil, AMCT Assistant City Clerk