Loading...
HomeMy WebLinkAboutPlng & Econ Dev - 1997-06-23P E D\1997 -06 -23 JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 4:12 p.m. under Councillor M. Yantzi, Vice-Chair, with the following members present: Mayor R. Christy and Councillors John Smola, B. Vrbanovic, T. Galloway and M. Wagner. Councillors G. Lorentz, Jake Smola and J. Ziegler entered the meeting shortly after its commencement. Councillor C. Weylie was absent on municipal business. Officials present: Ms. L. MacDonald, C. Ladd, P. Houston, V. Gibaut, J. Jantzi and Messrs. T. McCabe, B. Stanley, D. Mansell, J. Willmer, P. Wetherup, B. Arnot, K. Mayer and L.W. Neil. PD 97/64 - DOWNTOWN LIGHTING DESIGN STUDY - LIGHTING FIXTURE & HARDWARE SELECTION The Committee was in receipt of Planning and Development Staff Report PD 97/64, dated June 18, 1997, dealing with lighting fixtures and hardware selection in respect to the Downtown Lighting Design Study. It was noted in the report that an objective of the concept was to capitalize on existing fixtures on King Street and reducing the number of new styles of lighting fixtures throughout the downtown. A family of fixtures, including description and illustration, was attached to the report which the Study Team believes will result in improved colour and optics and build upon existing styles of fixtures as well as achieve cost savings through retrofitting where appropriate. Mr. B. Stanley advised that an extensive presentation on this matter was provided at a Committee meeting last April. He noted that the purpose of consideration this date was to deal with specific hardware appropriate to sections of the downtown. Mr. John MacDonald appeared as a delegation and provided a presentation and explanation of the family of illuminares that are proposed. He noted that the illuminares work in a co-ordinated manner within a hierarchy and are intended to respond to a variety of optical tasks. He referred to each illustration attached to the staff report and described their characteristics and respective purpose. Councillors G. Lorentz, Jake Smola and J. Ziegler entered the meeting at this point. The Committee briefly discussed the report during which Mr. MacDonald responded to questions raised. On motion by Councillor M. Wagner - it was resolved: "That City Council approve the family of lighting fixtures and hardware as shown on Schedule A, attached to staff report PD 97/64, for the downtown as recommended by the Lighting Design Study Consultants and Study Team." MEMO - HURON BUSINESS PARK - REQUESTS FOR EXTENSION OF COVENANT TO BUILD - REQUEST FOR CITY REPURCHASE OF SITE 109 The Committee was in receipt of a report dated, June 13, 1997, from the Economic Development Division, requesting blanket extensions for several purchasers of land in Huron Business Park and that the City re-purchase a site. Ms. J. Jantzi commented on the land sales and the covenants to complete building and requested extensions in this regard to July 1, 1998. In addition, she asked that the Committee also consider an additional request for extension of Berkshire Building Corporation with respect to the Pork Chop Site and that the staff recommendation be revised to include such request. Ms. Jantzi also commented on the recommendation that the City re-purchase Site 109. The staff report was then considered and it was agreed to revise the recommendation to include the additional request with regard to the Pork Chop Site of Berkshire Building Corporation. 2. MEMO - HURON BUSINESS PARK JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 98 - CITY OF KITCHENER = - REQUESTS FOR EXTENSION OF COVENANT TO BUILD - REQUEST FOR CITY REPURCHASE OF SITE 109 (CONT'D) On motion by Councillor J. Ziegler - it was resolved: "That a blanket extension, with regard to Clause 2(b) of the original Offer to Purchase, be granted to July 1, 1998 to the following purchasers of land which have not constructed buildings to date: Site 84A Site 95 Site 113 Site 114 Pork Chop Site Berkshire Building Corporation Joe Sukola, KSK Framing Leenan Property Management Leenan Property Management Berkshire Building Corporation and further; That the City repurchase at 80% of the original purchase price, being $110,200.00, from Matt Strgar and Mario Tomac, Site 109 comprised of 1.16 acres and being composed of Part 4 on Reference Plan 58R-5840, which was originally purchased at $95,000.00 per acre in 1989." PD 97~62 - ADMINISTRATIVE PROCEDURES FOR DOWNTOWN FINANCIAL INCENTIVES = The Committee then considered Planning and Development Staff Report PD 97/62, dated June 18, 1997, dealing with administrative procedures for downtown financial incentives. For the record, this matter was listed on the June 23rd agenda of the Finance and Administration Committee but referred to Planning and Economic Development Committee for consideration this date. The report documents several initiatives that will reduce the financial burden of downtown re-development and specifically refers to 3 initiatives that require procedures before the programs can be implemented. Accordingly, the purpose of PD 97/62 is to present an administrative procedure for delivering the downtown financial incentives described in the Community Improvement Plan. Mr. T. McCabe noted that the initiatives began with the Mayor's Task Force and Ms. S. Frenette provided an explanation of each of the 5 recommendations in the staff report. Mr. T. McCabe asked specifically that the Committee refer to page 6 of the staff report outlining general eligibility provisions for all grants under the Downtown Financial Incentives Program. Councillor J. Ziegler questioned how the $100,000.00 budget could handle all the requests and Ms. Frenette responded with an explanation in this regard. She also noted that no approach has been made to the School Boards or the Region in this matter. Councillor Ziegler questioned how much staff time would be taken to administer the program and Ms. Frenette advised that very little staff time would be required, as most of the work would be done by consultants. Councillor T. Galloway referred to the amount of funding left in the Downtown Improvement Capital Fund and expressed concern about the creation of an additional separate fund to which Ms. Frenette responded would assist in a monitoring process. Mr. T. McCabe commented that if tax rebates are forthcoming, those monies could be deposited to the fund to build a reserve. Councillor T. Galloway expressed concern that there was potential for double accounting to take place in respect to increased assessment and Mr. T. McCabe indicated that staff would consider the pros and cons in respect to this issue. Councillor M. Wagner questioned what kind of communicative promotion was planned for these programs and asked that Mr. T. McCabe advise Council of the actual communication plan and who would be doing it. Councillor Jake Smola referred to recommendation #3 and Ms. Frenette advised that because of re-assessment issues and other variables the report could not be done at this time. Councillor Jake Smola commented that Council had been sold on making improvements to the downtown on the basis that new assessment would be created and questioned how staff planned to monitor the return on Council's investment in the downtown. PD 97~62 - ADMINISTRATIVE PROCEDURES FOR DOWNTOWN FINANCIAL INCENTIVES (CONT'D) JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 99 - CITY OF KITCHENER Ms. Frenette replied that the downtown monitoring report to be completed for September will provide a number of indicators that deal with improvements within the downtown. Councillor Jake Smola emphasized that Council has been requesting the information referred to in recommendation #3. On motion by Councillor M. Wagner - it was resolved: "1) That Council adopt the application form and guidelines for the Downtown Financial Incentives presented in the attached package; 2) That 1997 funding in the amount of $100,000 be allocated from the Downtown Improvement Capital Fund for projects receiving Rehabilitation and Redevelopment Tax Rebates, Grants in Lieu of Building Permit Fees and Feasibility Study Grants, and that consideration be given to establishing a separate reserve fund for Downtown Financial Incentives in the 1998 Capital Forecast; 3) That the Finance Department set up a monitoring program to demonstrate the net financial benefits created through increased assessment and subsequent property taxes as a consequence of buildings constructed, renovated or converted using the package of financial incentives; 4) That the Legal Department determine the need for agreements related to the implementation and administration of the financial incentives; and 5) That Council approve the Targeted Downtown Adaptive Reuse Sites listed in Appendix B, attached to staff report PD 97/62, as those properties qualifying for funding through Feasibility Study Grants." PD 97/61 - REQUEST FOR EXEMPTION OF EMERGENCY ACCESS - DRAFT PLAN OF SUBDIVISION 30T-92009 - CHALON ESTATES / CARMEL CHURCH - SOUTH WARD The Committee was in receipt of Planning and Development staff report PD 97/61, dated June 19, 1997. The report deals with a request received from Chalon Estates/Carmel Church for exemption of an emergency access with regard to Draft Plan of Subdivision 3~T-92~~9. It was noted in the staff report that the applicant proposes a residential subdivision of 17 single detached dwelling lots on one cul-de-sac. The length of the proposed single access street to the end of the cul-de-sac bulb is 430 metres and before further processing takes place, direction on the fundamental question on whether or not the subdivision will be permitted to develop without an emergency access is required. Department comments within the report deal with the City's past and current policy with respect to such access and commented on the fact that options for providing emergency access are extremely limited. Accordingly, it was staff's recommendation that the request to develop the street without emergency access not be supported and that provision for an access within 150 metres of the cul-de-sac bulb be made by the applicants prior to further processing of the Draft Plan. Mr. J. Willmer referred the Committee to the map attached to the staff report and commented that it was not staff's intention to sterilize development of the lands but he acknowledged that there were few options available to the applicant. He noted that officials of the Fire Department had intended to be present to make their comments but were unavailable at this time and in their place he suggested that any of the other alternatives would be better than there being no provision for emergency access. Mr. Paul Hill appeared as a delegation on behalf of Chalon Estates and read a submission dated June 23rd which was distributed to the Committee. The submission contained background in regard to planning issues and commented that their request was based on the following facts: no emergency access is practical, it was an infill situation rather than a PD 97/61 - REQUEST FOR EXEMPTION OF EMERGENCY ACCESS - DRAFT PLAN OF SUBDIVISION 30T-92009 - CHALON ESTATES / CARMEL CHURCH - SOUTH WARD (CONT'D) JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 100 - CITY OF KITCHENER greenfield situation and the land is effectively sterilized if the exemption is not granted. He commented on the impracticality of the suggested ways to construct an emergency access. Councillor T. Galloway pointed out that Council's Access Policy was approved after submission of this subdivision application and stated that he felt there was no other practical solution. He noted that if the Emergency Access Policy was in place at the time of development of Robertson Crescent, routing to that street could have been utilized. Accordingly, Councillor Galloway indicated that he would make a motion to grant the exemption in regard to provision of emergency access. Councillor J. Ziegler questioned if the roadway could be made wider and Mr. Paul Hill responded and detailed difficulties in that regard particularly with respect to shifting and impact on adjacent wetland. Mr. D. Snow commented that widening the road would not address the basic problem. In this regard, he noted that 150 metres was the length that water pressure could be maintained by Fire Department equipment. Further discussion took place and Mr. D. Mansell indicated that he would appreciate the opportunity to look at the grading design in order to achieve an access. Mr. P. Hill responded to questions of Councillor J. Ziegler and explained land ownership and purchase date issues. Mr. Mark Dorfman was registered as a delegation in regards to this matter but chose not to make a presentation to the Committee. On motion by Councillor T. Galloway - it was resolved: "That the request of Chalon Estates/Carmel Church, proposing the development of a single-access street having a length of 430m without an emergency access, be supported as direction to staff relative to further processing of Subdivision Draft Plan 3~T-92~~9." PD 97~59 - ADDENDUM TO PD 97/51 PD 97/51 - OLD CHICOPEE TRAIL / VERONICA DRIVE - ZONE CHANGE APPLICATION ZC 95109101JW - SUBDIVISION APPLICATION 30T-95020 - 773424 ONTARIO LTD. (R. SUTHERLAND) - CHICOPEE WARD PD 97/56 - RIVER ROAD / OLD CHICOPEE DRIVE EXTENSION - SUBDIVISION APPLICATION 30T-95021 - WM. J. GIES CONSTRUCTION LTD. - AND - - RIVER ROAD / VERONICA DRIVE - SUBDIVISION APPLICATION 30T-95022 - 810066 ONTARIO LTD. / H. TEICH - CHICOPEE WARD The Committee was advised that the Department of Planning and Development was in receipt of applications for zone change and subdivision from 773424 Ontario Limited (R. Sutherland) pertaining to lands west of Old Chicopee Trail and north of existing Veronica Drive. It was noted in the report that the applicant proposes to re-zone a 7.4 hectare parcel of land to facilitate the development of a residential subdivision containing 58 lots for single detached dwellings. The 11 lots fronting on Old Chicopee Trail will have a minimum width of 17.5 metres and the remaining lots would have an average width of 10 metres. The plan includes a neighbourhood park, a storm water management facility and a large open space block comprising lands within ESPA No. 26 ( Idlewood Park). In this regard, the Committee considered Planning and Development Staff Report PD 97/51, dated June 3, 1997, and a proposed by-law, dated May 22, 1997, attached to the report. It was noted in the report that the subject lands together with abutting lands in Draft Plan 30T-95021 (Wm. J. Gies Construction Ltd.) and 30T-95022 (810066 Ontario Ltd./H. Teach) were inter-related plans and are being processed in conjunction with each other. It was pointed out that notice that the PD 97~59 & PD 97/51 - ZONE CHANGE APPL. 95109101JW & SUBDIVISION 30T-95020 PD 97/56 - SUBDIVISION APPLICATION 30T-95021 & 30T-95022 - CHICOPEE WARD (CONT'D) Committee would hold a public meeting this date to consider this matter had previously been given. JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 101 - CITY OF KITCHENER The Committee was also in receipt of Planning and Development Staff Report PD 97/59, dated June 16, 1997, prepared as an addendum to Report PD 97/51. It was noted in the report that Staff Report PD 97/51 was finalized on June 3, 1997 for Draft Plan 30T-95020. Subsequently, through consideration of subdivision conditions for the 2 adjacent plans of subdivision (30T-95021 and 30T-95022), conditions which affect all 3 plans were added and/or revised. Accordingly, PD 97/59 provided revised conditions for Subdivision Plan 30T-95020 in order to maintain consistency among the 3 plans. The Committee was also in receipt of Planning and Development Staff Report PD 97/56, dated June 18, 1997. The report deals with 2 subdivision applications. Firstly, subdivision application 30T-95021 (Wm. J. Gies Construction Ltd.) proposes the development of a residential subdivision on a 2.6 hectare parcel of land with 45 lots for single detached dwellings on lots having a minimum width of 9.1 metres. Secondly, subdivision application 30T-95022 proposes the development of a residential subdivision on a 2.5 hectare parcel of land with 38 lots for single detached dwellings on lots having a minimum width of 9.1 metres. It was pointed out in the staff report that a newspaper ad was not placed in respect to these 2 matters as there is no legal requirement to hold a public meeting. It was also pointed out in the report that staff had been delegated the authority to recommend draft approval for subdivisions not requiring a zone change; however, in this case, the subdivisions should be considered as they are closely related to Subdivision Draft Plan 30T-95020 (Sutherland), which does require a zone change and public meeting. Mr. J. Willmer stressed that the 3 plans of subdivision were circulated together and that issues of design were common to each plan as well as conditions. In reference to plan 30T-95020, Mr. Willmer advised that staff agree with the request received from the applicant and recommend the Committee revise conditions 56 and 80 so that they refer to lots 12 to 58 inclusive in reference to the issuance of building permits. He also requested that the staff recommendation in Plan 30T- 95020 be revised to provide an additional condition to be numbered 82 with regard to the upgrading of Old Chicopee Trail and suggested wording in this regard. Mr. Sam Head appeared as a delegation with regard to Plan 30T-95020 to express concern with regard to the wording of condition 55. He noted that the servicing costs are not included in the development charges by-law and advised that he would like the wording changed to allow for compensation if development proceeds. Councillor J. Ziegler commented that some individuals have expressed concern with regard to the lot width proposed and Mr. Head responded in explanation. Mr. D. Mansell commented in regard to Mr. Head's request pertaining to condition 55 and he provided a perspective on servicing planning that has taken place over the years for this area. He suggested that it would not be prudent to give credit for an item that was not in the development charge by-law and recommended that the Committee not accede to the request to provide a credit with respect to condition 55. Mr. T. McCabe suggested that in this case there was a risk to a credit approach and suggested the Committee may consider the matter at the time of servicing. In response to Councillor B. Vrbanovic, he advised that a precedent would be set if credit was given relative to condition 55. Mr. McCabe suggested that the Committee might consider a motion outside of the subdivision condition directing that condition 55 be reconsidered at the time of subdivision servicing in order to assess whether the City is willing to give development charge credit for projects undertaken by the subdivider but not included in the development charge by-law. In response to Councillor J. Ziegler, Mr. D. Mansell explained City policy with regard to sewer servicing and the cost option for this subdivision. PD 97~59 & PD 97/51 - ZONE CHANGE APPL. 95109101JW & SUBDIVISION 30T-95020 PD 97/56 - SUBDIVISION APPLICATION 30T-95021 & 30T-95022 - CHICOPEE WARD (CONT'D) Mr. Bernie Hermsen, MacNaughton Hermsen Britton Clarkson Planning Ltd., appeared as a delegation on behalf of Wm. J. Gies Construction Ltd., respecting Plan of Subdivision 30T-95021. He also noted that the 3 subdivision plans were inter-related and expressed concern with regard to the wording of condition 55. He commented that pumping stations and force mains were the JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 102 - CITY OF KITCHENER kind of projects to be included in the development charge by-law and noted that with 141 units being developed at $5,000.00 each this represented over $700,000.00 which was being paid toward other pumping stations in the development charge by-law. He also maintained that condition 55 as written is not fair and requested compensation similar to the request of Mr. Head. No other delegations responded to an invitation from the Vice-Chair to address the Committee on this matter. The recommendations in Staff Reports PD 97/51 and PD 97/59 were then considered. The Committee agreed to accept the staff recommendations in the 2 reports including the revisions proposed this date to conditions 56 and 80, inclusion of a new condition to be numbered 82 and inclusion of an additional statement identified as "D" in respect to the consideration of condition 55. The recommendations, as revised, were then considered. On motion by Councillor B. Vrbanovic - it was resolved: 'A. That Zone Change Application ZC 95/09/O/JW (773424 Ontario Limited) requesting a change in zoning from Agricultural Zone (A-l) to Residential Three Zone (R-3) with special use provision 238U and special regulation 268R, Residential Four Zone (R-4), Public Park Zone (P-l), Open Space zone (P-2) and Hazard Land Zone (P-3), according to By-law 85-1, on Part of Lots 54 and 118, German Company Tract, be approved in the form shown in the attached Proposed By-law dated May 22, 1997, subject to the conditions contained in recommendation (B) below. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That Subdivision Application 30T-95020 (773424 Ontario Limited) be recommended to the Regional Municipality of Waterloo for draft approval subject to the following conditions: That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision, and 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 May 22, 1997 providing that 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 and prior to registration 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 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 the plan to PD 97~59 & PD 97/51 - ZONE CHANGE APPL. 95109101JW & SUBDIVISION 30T-95020 PD 97/56 - SUBDIVISION APPLICATION 30T-95021 & 30T-95022 - CHICOPEE WARD (CONT'D) 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 Idlewood Creek Master Drainage Plan. Said engineering design shall include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on site throughout all phases of grading and construction. The JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 103 - CITY OF KITCHENER Subdivider further agrees to implement all required measures as outlined in the approved final design. 54. That in addition to the standard servicing requirements and responsibilities outlined in this Agreement, the Subdivider agrees to pay to the City its fair share of the actual cost of the sanitary sewer outlet on Daimler Drive between Old Chicopee Drive and Old Chicopee Trail, and its fair share of the actual cost of the Ottawa Street Trunk Sanitary Sewer, as determined by and to the satisfaction of the City's General Manager of Public Works, prior to the registration of the Subdivision Plan. 55. The Subdivider acknowledges that the "sanitary sewage facilities" for the subject lands and adjacent lands within Plans 30T-95021 (Wm. J. Gies Construction Limited) and 30T-95022 (810066 Ontario Limited/H. Teich), which shall mean the sanitary pumping station, force main and related appurtenances, are not included in the City's Development Charges By-law and that if it wishes to proceed before the City's Development Charges By-law has been amended to include these works, the cost of the sanitary sewage facilities shall be at the sole cost of the Subdivider and there shall be no consideration of any credit from Development Charges payable at the time of plan registration or building permit issuance. In the event that City Council, or the Ontario Municipal Board if required, approves amendments to the City's Development Charges By-law to include the costs of the sanitary sewage facilities for the subject lands and adjacent lands as eligible growth items, and if sufficient money is not allocated from the City's Development Charge Account to permit the City to fund said facilities, and the Subdivider wishes to proceed ahead of such allocation, the Subdivider agrees to be responsible for up- fronting the costs related to these services. In this regard, the City will be responsible for 100% of the cost of the sanitary sewage facilities. Accordingly, the City hereby agrees to recognize any money paid by the Subdivider for any work or services which would normally be assessed against City's Development Charge reserve, with such monies representing a credit towards any City Development Charge required for development within each lot or block. The offset will be made by the City only as a credit with respect to monies required to be paid for Development Charges for development within the plan. Said offsets shall be charged initially against that portion of the applicable Development Charge with respect to Engineering Services required to be paid prior to the City's release of the Plan of Subdivision for registration. Any remaining offset will be credited against that portion of the applicable Development Charges which is required to be paid at the time of issuance of building permits. In this regard, the Subdivider shall provide to the City, a list of those lots or blocks to which credit will be assigned and the Subdivider shall enter into a Supplementary Agreement with the City outlining the aforementioned, with the offset to be registered against title of each specified lot or block, prior to the registration of the plan. Upon the total of the offset reaching the amount of monies properly paid by the Subdivider for the specified work, then the Development Charges will be paid in the normal manner in accordance with the City's By-law in that regard. PD 97~59 & PD 97/51 - ZONE CHANGE APPL. 95109101JW & SUBDIVISION 30T-95020 PD 97/56 - SUBDIVISION APPLICATION 30T-95021 & 30T-95022 - CHICOPEE WARD (CONT'D) 56. 57. The Subdivider acknowledges that prior to the issuance of any building permits for Lots 12 to 58 inclusive in this Plan, Old Chicopee Drive shall be constructed from Daimler Drive to River Road and open to vehicular traffic to the satisfaction of the City's General Manager of Public Works. The City acknowledges that it will be responsible for 100% of the costs of the extension of Old Chicopee Drive, of which 50% have been identified as capital works and 50% as development charge expenditures. This road project has been included in the City's Capital Budget for 1997. However, if construction does not proceed in 1997 and City Council reschedules the timing of this project to a future JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 104 - CITY OF KITCHENER year, or if sufficient money is not allocated from the City's Development Charge Account to permit the City to fund said project, and the Subdivider wishes to proceed ahead of such Development Charge allocation, the Subdivider agrees to be responsible for up-fronting the costs related to this project in accordance with the process set out in Clause 55, and the City will continue to be responsible for the 50% capital share. 58. To undertake a traffic analysis to the satisfaction of the General Manager of Public Works, prior to any construction being commenced for Old Chicopee Drive and prior to registration of the Plan, to determine whether traffic signals are warranted at the proposed intersection of River Road and Old Chicopee Drive. 59. To construct 1.5 metre concrete sidewalks along both sides of Veronica Drive from the easterly limit of Lots 12 and 48 to the southerly limit of Lots 32 and 33, to the satisfaction of the City's General Manager of Public Works. 60. That Block 63 shall be dedicated to the City as public highway by plan registration for the widening of Old Chicopee Trail. 61. 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 59 b) Block 60 c) Block 61 d) Block 62 for storm water management purposes; for park purposes; for open space/hazard lands; and for a 0.3 metre reserve. 62. That the conveyance of Block 60 shall satisfy the 5% parkland dedication requirement of 0.372 hectares for the entire plan of subdivision. 63. To fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod Block 60 to the satisfaction of the General Manager of Parks and Recreation. All works required of the Subdivider by this Section shall be completed in conjunction with the timing of grading of surrounding residential development not to exceed two years from the registration of the subdivision plan or at any alternate time approved in writing by the General Manager of Parks and Recreation. 64. 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 59 and 60, prior to occupancy of dwellings on Lots 6 to 8 inclusive and 18 to 22 inclusive. 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 affected by this Section. 65. 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 PD 97~59 & PD 97/51 - ZONE CHANGE APPL. 95109101JW & SUBDIVISION 30T-95020 PD 97/56 - SUBDIVISION APPLICATION 30T-95021 & 30T-95022 - CHICOPEE WARD (CONT'D) retaining, the Subdivider agrees development of the subdivision Management Policy: to comply with the following process in the in accordance with the City's approved Tree a) prior to the City releasing the Subdivision Plan for registration, the Subdivider shall submit the detailed vegetation plan for the approval of the City's Manager of Design, Heritage and Environment. b) that no area/rough grading shall occur on the lands until such time as all approved measures for protection of isolated trees, tree clusters and woodlands affected by such grading have been satisfactorily implemented, and inspected by the City and the Subdivider has received a written JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 105 - CITY OF KITCHENER 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 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 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 Arboriculture, latest edition. Tree replacements are to be located on the same lot or block as the tree requiring removal or to a location within the subdivision requiring enhancement. Furthermore, such remedial measures or tree replacements shall be approved by the City's 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. 66. a) To submit a landscape plan showing the regenerative planting proposed along Old Chicopee Trail to enhance the scenic value of the road, for approval of the City's Manager of Design, Heritage and Environment in consultation with the City's General Manager of Public Works and Director of Traffic Services prior to the City's release of the plan for registration. The Subdivider agrees to provide a Letter of Credit for 100% of the total cost of the regenerative planting in a form satisfactory to the City Solicitor, and to the satisfaction of the City's Manager of Design, Heritage and Environment, prior to the release of the plan, to be held as security for the completion of the works required in this Section. The Subdivider agrees to implement the landscape plan within Lots 1 to 11 inclusive, prior to the PD 97~59 & PD 97/51 - ZONE CHANGE APPL. 95109101JW & SUBDIVISION 30T-95020 PD 97/56 - SUBDIVISION APPLICATION 30T-95021 & 30T-95022 - CHICOPEE WARD (CONT'D) 67. transfer of title of such lots to the first time occupants, or in the event of winter conditions, by June 1 immediately following such transfer of title. The Subdivider agrees to attach the approved planting plan to all Offers to Purchase/Agreements of Purchase and Sale; b) that the approved landscaping required in this section shall be maintained in a state acceptable to the City's Manager of Design, Heritage & Environment. 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 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 JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 106 - CITY OF KITCHENER the City's release 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. 68. a) To make arrangements with Ontario Hydro for the conveyance of land required for the crossing of Veronica Drive 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 the Plan. The Subdivider agrees to design and fully construct and service this portion of Veronica Drive to the satisfaction of the City's General Manager of Public Works as part of the overall servicing requirements of this Plan. Further, prior to the issuance of any building permits in the Plan, that portion of the road crossing the Ontario Hydro Corridor shall be opened by by-law as public highway. b) To make arrangements, on behalf of the City, with Ontario Hydro for the conveyance of land required for the crossing of Old Chicopee Drive from Ontario Hydro to the City at the City's cost and free of encumbrance (save for the Ontario Hydro Transmission Easement) prior to the registration of the Plan. 69. To provide and install gates and bollards where Veronica Drive crosses the community trail within the HEPC lands, and to restore the community trail to the satisfaction of the General Manager of Parks and Recreation. 70. That the City Solicitor shall arrange for the passing of a By-law opening Block 62 as public highway, immediately subsequent to or concurrent with the passing of a by- law to open as public highway that portion of Veronica Drive crossing the Ontario Hydro Corridor. 71. The Subdivider acknowledges that the City Solicitor shall arrange for the passing of a by-law opening the 0.3 metre reserve block in Plan 30T-95022 (810066 Ontario Limited/H. Teich) subsequent to registration of this plan and at a timing approved by the City's General Manager of Public Works. 72. To provide chain link fencing having a minimum height of 1.5 metres and a landscape screen having a minimum width of 3.0 metres along the rear of Lots 48 to 51 inclusive abutting Veronica Drive for the purpose of screening the rear yards of said lots and establishing a uniform streetscape for this section of Veronica Drive. Said landscape screen is to be developed at the Subdivider's cost, in accordance with plans/drawings approved by the City's Manager of Design, Heritage and Environment prior to registration of the subdivision plan. PD 97~59 & PD 97/51 - ZONE CHANGE APPL. 95109101JW & SUBDIVISION 30T-95020 PD 97/56 - SUBDIVISION APPLICATION 30T-95021 & 30T-95022 - CHICOPEE WARD (CONT'D) 73. 74. Further, said fence and landscape screen 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 plan to all Offers to Purchase and Sale of lots in which the required landscape screen has not been installed due to winter conditions. The registration of this Plan and the subsequent issuance of building permits can only occur consecutively with or following the registration and development of Plan 30T-95021 (Wm. J. Gies Construction Limited) and Plan 30T-95022 (810066 Ontario Limited/H. Teich). Notwithstanding any bonding arrangements, no building permits shall be issued for Lots 12 to 58 inclusive until Veronica Drive in Plan 30T- 95021 (Wm. J. Gies Construction Limited) and Plan 30T-95022 (810066 Ontario Limited/H. Teich) is constructed and is open to vehicular traffic, to the satisfaction of the General Manager of Public Works. That the entire Plan of Subdivision shall be registered in one stage, but may be serviced and developed in phases, with the extent of each phase to be shown on the JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 107 - CITY OF KITCHENER servicing drawings to the satisfaction of the General Manager of Public Works. 75. That building permits for Lots 12 to 21 inclusive shall not be issued until dwellings on Lots 8 to 11 inclusive are substantially complete and the Subdivider has designed and implemented measures to the satisfaction of the General Manager of Public Works to ensure that the lower elevation lots are protected from drainage runoff and slope erosion from abutting higher elevation lots. 76. 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 easement documents, so approved, have been registered. This condition shall constitute part of the approval authority's draft approval and as such, consent applications shall not be required for the establishment of such maintenance or eave encroachment easements. 77. That the streets names within the Plan shall be Veronica Drive and Veronica Place as shown on the Plan of Subdivision. 78. That construction traffic to and from that portion of the proposed subdivision development fronting Old Chicopee Trail shall be prohibited from using Daimler Drive from Lackner Boulevard to Old Chicopee Trail and Old Chicopee Drive from Ottawa Street to Daimler Drive. The Subdivider agrees that construction traffic to and from the remainder of the proposed subdivision development shall be prohibited from using Kinzie Avenue and any part of existing Veronica Drive, and shall be restricted to accessing the subdivision from River Road and through Plan 30T- 95021 (Wm. J. Gies Construction Limited) and/or Plan 30T-95022 (810066 Ontario Limited/H. Teich). 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. 79. To obtain from the Grand River Conservation Authority, final issuance of Fill, Construction and Alteration to Waterways Permit No. 50/97 for all works within the Idlewood Creek Wetland, including the extension of Old Chicopee Drive from PD 97~59 & PD 97/51 - ZONE CHANGE APPL. 95109101JW & SUBDIVISION 30T-95020 PD 97/56 - SUBDIVISION APPLICATION 30T-95021 & 30T-95022 - CHICOPEE WARD (CONT'D) 80. 81. 82. Daimler Drive to River Road. That notwithstanding any bonding arrangements, no building permits shall be issued for Lots 12 to 58 inclusive in this Plan until the sanitary pumping station, force main and related appurtenances are constructed, are operational to the satisfaction of the General Manager of Public Works, and have been accepted by the City. The Subdivider acknowledges that the City Solicitor shall arrange for the passing of a by-law opening 0.3 metre reserve Block 39, Registered Plan 1664, subsequent to the registration of this plan and the construction of Veronica Drive from the Ontario Hydro corridor to said Block 39, and at a timing approved by the City's General Manager of Public Works. The Subdivider agrees that arrangements, financial and otherwise, to the satisfaction of the General Manager of Public Works, shall be made for the upgrading of Old Chicopee Trail to full municipal services from Lots 7 to 11 inclusive of this Plan and service connections for Lots 1 to 6 inclusive, with all work designed to the satisfaction of the General Manager of Public Works prior to issuance of any building permits within this Plan. The Subdivider shall bear all costs associated with the installation of service connections, driveway ramps, and boulevard landscaping JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 108 - CITY OF KITCHENER (including trees) to service this subdivision. It is the opinion of this Committee that approval of this application is proper planning for the City. That the implementing Zoning By-law for Zone Change Application 95/09/O/JW (773424 Ontario Limited) not be presented to City Council until Subdivision Application 30T-95020 has received Regional Draft Approval whereupon the amending Zoning By-law shall be presented to Council for all three readings. Alternatively, three readings of the amending Zoning By-law may be given if the City Clerk is presented with a letter from the Regional Municipality of Waterloo advising that the Region has no objections to the passing of the By-law. That condition 55 be reconsidered at the time of subdivision servicing in order to assess whether the City is willing to give development charge credit for projects undertaken by the Subdivider but not included in the Development Charge By-law." The Committee then dealt with the recommendations in Staff Report PD 97/56 regarding Plans of Subdivision 30T-95021 and 30T-95022. In regard to Plan 30T-95021, it was agreed to include an additional statement identified as "B" respecting the reconsideration of condition 55. In regard to Plan 30T-95022, it was agreed to include an additional statement identified as "D" respecting the reconsideration of condition 55. The recommendations in the staff report, as revised, were then considered. On motion by Councillor B. Vrbanovic - it was resolved: 'A. That Subdivision Application 30T-95021 (Wm. J. Gies Construction Limited) be recommended to the Regional Municipality of Waterloo for draft approval subject to the following conditions: 1. That the Subdivider enter into a City Standard Form Residential Subdivision PD 97~59 & PD 97/51 - ZONE CHANGE APPL. 95109101JW & SUBDIVISION 30T-95020 PD 97/56 - SUBDIVISION APPLICATION 30T-95021 & 30T-95022 - CHICOPEE WARD (CONT'D) 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 June 17, 1997, providing that 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 and prior to registration 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 Parks and Recreation, the Regional Municipality of Waterloo, Ontario Hydro and the Grand River Conservation Authority. 53. a) That prior to any grading or construction on the site or registration 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 Regional Municipality of Waterloo and the Grand River Conservation Authority, a detailed engineering design for storm water management in accordance with the Idlewood JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 109 - CITY OF KITCHENER Creek Master Drainage Plan. Said engineering design shall include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on site throughout all phases of grading and construction. The Subdivider further agrees to implement all required measures as outlined in the approved final design. b) The storm water management facility to be constructed on Block 47 shall serve this subdivision and Plan 30T-95022 (810066 Ontario Limited/H. Teich). Engineering design and construction costs will be shared on a contributing volume basis by each owner. Construction costs shall be based on the actual tendered cost of implementing the approved final design. Land costs shall be based on market value as agreed to between the two parties. In the event that there is a dispute regarding the market value of the land, the City's Land Purchasing Officer shall determine fair market value. c) In order to facilitate the ultimate development and sharing of expenses of the storm water management facility, the Subdivider agrees to submit a Letter of Credit to the City Solicitor for its fair share of the cost of the storm water management facility, to the satisfaction of the City's General Manager of Public Works prior to the commencement of any servicing within this plan. At such time as the storm water management facility has been constructed and accepted by the City's General Manager of Public Works, the City agrees to release the Letter of Credit to the Subdivider. 54. That in addition to the standard servicing requirements and responsibilities outlined in this Agreement, the Subdivider agrees to pay to the City its fair share of the actual cost of the sanitary sewer outlet on Daimler Drive between Old Chicopee Drive and Old Chicopee Trail, and its fair share of the actual cost of the Ottawa Street Trunk Sanitary Sewer, as determined by and to the satisfaction of the City's General Manager of Public Works, prior to the registration of the Subdivision Plan. 55. The Subdivider acknowledges that the "sanitary sewage facilities" for the subject lands and adjacent lands within Plans 30T-95020 (773424 Ontario Ltd./R. Sutherland) and 30T-95022 (810066 Ontario Limited/H. Teich), which shall mean PD 97~59 & PD 97/51 - ZONE CHANGE APPL. 95109101JW & SUBDIVISION 30T-95020 PD 97/56 - SUBDIVISION APPLICATION 30T-95021 & 30T-95022 - CHICOPEE WARD (CONT'D) the sanitary pumping station, force main and related appurtenances, are not included in the City's Development Charges By-law and that if it wishes to proceed before the City's Development Charges By-law has been amended to include these works, the cost of the sanitary sewage facilities shall be at the sole cost of the Subdivider and there shall be no consideration of any credit from Development Charges payable at the time of plan registration or building permit issuance. In the event that City Council, or the Ontario Municipal Board if required, approves amendments to the City's Development Charges By-law to include the costs of the sanitary sewage facilities for the subject lands and adjacent lands as eligible growth items, and if sufficient money is not allocated from the City's Development Charge Account to permit the City to fund said facilities, and the Subdivider wishes to proceed ahead of such allocation, the Subdivider agrees to be responsible for up- fronting the costs related to these services. In this regard, the City will be responsible for 100% of the cost of the sanitary sewage facilities. Accordingly, the City hereby agrees to recognize any money paid by the Subdivider for any work or services which would normally be assessed against City's Development Charge reserve, with such monies representing a credit towards any City Development Charge required for development within each lot or block. The offset will be made by the City only as a credit with respect to monies required to be paid for Development Charges for development within the plan. Said offsets shall be charged initially against that portion of the applicable Development Charge with respect to Engineering Services required to be paid prior to the City's release of the Plan of Subdivision for registration. Any remaining offset will be credited against JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 110 - CITY OF KITCHENER that portion of the applicable Development Charges which is required to be paid at the time of issuance of building permits. In this regard, the Subdivider shall provide to the City, a list of those lots or blocks to which credit will be assigned and the Subdivider shall enter into a Supplementary Agreement with the City outlining the aforementioned, with the offset to be registered against title of each specified lot or block, prior to the registration of the plan. Upon the total of the offset reaching the amount of monies properly paid by the Subdivider for the specified work, then the Development Charges will be paid in the normal manner in accordance with the City's By-law in that regard. 56. The Subdivider acknowledges that prior to the issuance of any building permits in this Plan, Old Chicopee Drive shall be constructed from Daimler Drive to River Road and open to vehicular traffic to the satisfaction of the City's General Manager of Public Works. 57. The City acknowledges that it will be responsible for 100% of the costs of the extension of Old Chicopee Drive, of which 50% have been identified as capital works and 50% as development charge expenditures. This road project has been included in the City's Capital Budget for 1997. However, if construction does not proceed in 1997 and City Council reschedules the timing of this project to a future year, or if sufficient money is not allocated from the City's Development Charge Account to permit the City to fund said project, and the Subdivider wishes to proceed ahead of such Development Charge allocation, the Subdivider agrees to be responsible for up-fronting the costs related to this project in accordance with the process set out in Clause 55, and the City will continue to be responsible for the 50% capital share. 58. To undertake a traffic analysis to the satisfaction of the Region's Commissioner of Engineering and the City's General Manager of Public Works, prior to any construction being commenced for Old Chicopee Drive and prior to registration PD 97~59 & PD 97/51 - ZONE CHANGE APPL. 95109101JW & SUBDIVISION 30T-95020 PD 97/56 - SUBDIVISION APPLICATION 30T-95021 & 30T-95022 - CHICOPEE WARD (CONT'D) 59. 60. 61. 62. of the Plan, to determine whether traffic signals are warranted at the proposed intersection of River Road and Old Chicopee Drive. To construct 1.5 metre concrete sidewalks to the satisfaction of the City's General Manager of Public Works, in the following locations: i) both sides of Veronica Drive; ii) the northerly side of Bancroft Street; and iii) the northerly side of River Road. 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) b) Block 46 for open space/hazard lands; and Block 47 for storm water management purposes. To make a cash contribution to the City of Kitchener Park Trust Fund Account in lieu of land for park purposes and in fulfilment of the Planning Act's park dedication requirement. Said contribution shall be equivalent to 5% of the land being subdivided, being 0.133 hectares of land, with said value and contribution being determined as of the day before the day of draft approval and paid immediately prior to the registration of the subdivision. That in consideration of the wooded character of portions of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 111 - CITY OF KITCHENER retaining, the Subdivider agrees development of the subdivision Management Policy: to comply with the following process in the in accordance with the City's approved Tree a) prior to the City releasing the Subdivision Plan for registration, the Subdivider shall submit the detailed vegetation plan for the approval of the City's Manager of Design, Heritage and Environment. b) that no area/rough grading shall occur on the lands until such time as all approved measures for protection of isolated trees, tree clusters and woodlands affected by such grading have been satisfactorily implemented, 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 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 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. PD 97~59 & PD 97/51 - ZONE CHANGE APPL. 95109101JW & SUBDIVISION 30T-95020 PD 97/56 - SUBDIVISION APPLICATION 30T-95021 & 30T-95022 - CHICOPEE WARD (CONT'D) 63. 64. 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 Arboriculture, latest edition. Tree replacements are to be located on the same lot or block as the tree requiring removal or to a location within the subdivision requiring enhancement. Furthermore, such remedial measures or tree replacements shall be approved by the City's 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. To make arrangements, on behalf of the City, with Ontario Hydro for the conveyance of land required for the crossing of Old Chicopee Drive from Ontario Hydro to the City at the City's cost and free of encumbrance (save for the Ontario Hydro Transmission Easement) prior to the registration of the Plan. The registration of this Plan and the subsequent issuance of building permits can only occur consecutively with the registration and development of Plan 30T-95022 (810066 Ontario Limited/H. Teich). Notwithstanding any bonding arrangements, no building permits shall be issued for any lots in this Plan until Veronica Drive and Bancroft Street in Plan 30T-95022 (810066 Ontario Limited/H. Teich) are constructed and are open to vehicular traffic, to the satisfaction of the General Manager of Public Works. JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 112 - CITY OF KITCHENER 65. That the entire Plan of Subdivision shall be registered in one stage, but may be serviced and developed in phases, with the extent of each phase to be shown on the servicing drawings to the satisfaction of the General Manager of Public Works. 66. 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 easement documents, so approved, have been registered. This condition shall constitute part of the approval authority's draft approval and as such, consent applications shall not be required for the establishment of such maintenance or eave encroachment easements. 67. That the streets names within the Plan shall be Veronica Drive and Bancroft Street as shown on the Plan of Subdivision. 68. That construction traffic to and from the proposed subdivision development shall be prohibited from using Kinzie Avenue and any part of existing Veronica Drive, and shall be restricted to accessing the subdivision from River Road or the Old Chicopee Drive extension or through Plan 30T-95022 (810066 Ontario Limited/H. Teich). 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 97~59 & PD 97/51 - ZONE CHANGE APPL. 95109101JW & SUBDIVISION 30T-95020 PD 97/56 - SUBDIVISION APPLICATION 30T-95021 & 30T-95022 - CHICOPEE WARD (CONT'D) 69. 70. 71. 72. To obtain from the Grand River Conservation Authority, final issuance of Fill, Construction and Alteration to Waterways Permit No. 50/97 for all works within the Idlewood Creek Wetland, including the extension of Old Chicopee Drive from Daimler Drive to River Road. To provide planting strips having a minimum width of 4.6 metres and a 1.8 metre high chain link fence in the rear of any lots abutting River Road (Regional Road 56). Such planting strips and fencing are to be developed at the Subdivider's cost in accordance with plans/drawings to be approved by the General Manager of Planning and Development prior to the issuance of any building permits within the subdivision plan. Further, said planting strips and fencing 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 acknowledged that the fencing of lands adjacent to a Regional road shall be subject to the requirements of the Region. Further, if physical noise attenuation barriers are required in accordance with Clause 50, installation of said barriers shall substitute for the planting strip requirement. That notwithstanding any bonding arrangements, no building permits shall be issued for any lots in this Plan until the sanitary pumping station, force main and related appurtenances are constructed, are operational to the satisfaction of the General Manager of Public Works, and have been accepted by the City. 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 Block 47, prior to occupancy of dwellings on affected lots. 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 affected by this Section. 73. That no access shall be permitted from Old Chicopee Drive to Lot 1 or Lot 26. The JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 113 - CITY OF KITCHENER Subdivider agrees that this condition shall not be released from title. 74. That the sewage pumping station to be constructed on Block 46 shall be designed and constructed so as to be compatible with the residential character of the area. It is the opinion of this Committee that approval of this application is proper planning for the City. That condition 55 be reconsidered at the time of subdivision servicing in order to assess whether the City is willing to give development charge credit for projects undertaken by the Subdivider but not included in the Development Charge By-law. That Subdivision Application 30T-95022 (810066 Ontario Limited/H. Teich) 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 PD 97~59 & PD 97/51 - ZONE CHANGE APPL. 95109101JW & SUBDIVISION 30T-95020 PD 97/56 - SUBDIVISION APPLICATION 30T-95021 & 30T-95022 - CHICOPEE WARD (CONT'D) 52. 53. the attached Plan of Subdivision dated June 17, 1997, providing that 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. That prior to any grading or construction on site and prior to registration 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 Parks and Recreation, the Regional Municipality of Waterloo, Ontario Hydro and the Grand River Conservation Authority. a) That prior to any grading or construction on the site or registration 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 Regional Municipality of Waterloo and the Grand River Conservation Authority, a detailed engineering design for storm water management in accordance with the Idlewood Creek Master Drainage Plan. Said engineering design shall include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on site throughout all phases of grading and construction. The Subdivider further agrees to implement all required measures as outlined in the approved final design. b) The storm water management facility to be constructed in Plan 30T-95021 (Wm. J. Gies Construction Limited) shall serve Plan 30T-95021 and this subdivision. Engineering design and construction costs will be shared on a contributing volume basis by each owner. Construction costs shall be based on the actual tendered cost of implementing the approved final design. Land costs shall be based on market value as agreed to between the two parties. In the event that there is a dispute regarding the market value of the land, the City's Land Purchasing Officer shall determine fair market value. c) In order to facilitate the ultimate development and sharing of expenses of the storm water management facility, the Subdivider agrees to submit a Letter of Credit to the City Solicitor for its fair share of the cost of the storm water management facility, to the satisfaction of the City's General Manager of Public Works prior to the JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 114 - CITY OF KITCHENER commencement of any servicing within this plan. At such time as the storm water management facility has been constructed and accepted by the City's General Manager of Public Works, and a letter has been submitted to the said General Manager confirming that full payment has been made to Wm. J Gies Construction Ltd. for the cost sharing of the storm water management facility in accordance with b) above, the City agrees to release the Letter of Credit to the Subdivider. 54. That in addition to the standard servicing requirements and responsibilities outlined in this Agreement, the Subdivider agrees to pay to the City its fair share of the actual cost of the sanitary sewer outlet on Daimler Drive between Old Chicopee Drive and Old Chicopee Trail, and its fair share of the actual cost of the Ottawa Street Trunk Sanitary Sewer, as determined by and to the satisfaction of the City's General Manager of Public Works, prior to the registration of the Subdivision Plan. 55. The Subdivider acknowledges that the "sanitary sewage facilities" for the subject lands and adjacent lands within Plans 30T-95020 (773424 Ontario Ltd./R. Sutherland) and 30T-95021 (Wm. J. Gies Construction Limited), which shall mean the sanitary pumping station, force main and related appurtenances, are not included in the City's Development Charges By-law and that if it wishes to proceed before the City's Development Charges By-law has been amended to include these works, the cost of the sanitary sewage facilities shall be at the sole PD 97~59 & PD 97/51 - ZONE CHANGE APPL. 95109101JW & SUBDIVISION 30T-95020 PD 97/56 - SUBDIVISION APPLICATION 30T-95021 & 30T-95022 - CHICOPEE WARD (CONT'D) 56. cost of the Subdivider and there shall be no consideration of any credit from Development Charges payable at the time of plan registration or building permit issuance. In the event that City Council, or the Ontario Municipal Board if required, approves amendments to the City's Development Charges By-law to include the costs of the sanitary sewage facilities for the subject lands and adjacent lands as eligible growth items, and if sufficient money is not allocated from the City's Development Charge Account to permit the City to fund said facilities, and the Subdivider wishes to proceed ahead of such allocation, the Subdivider agrees to be responsible for up- fronting the costs related to these services. In this regard, the City will be responsible for 100% of the cost of the sanitary sewage facilities. Accordingly, the City hereby agrees to recognize any money paid by the Subdivider for any work or services which would normally be assessed against City's Development Charge reserve, with such monies representing a credit towards any City Development Charge required for development within each lot or block. The offset will be made by the City only as a credit with respect to monies required to be paid for Development Charges for development within the plan. Said offsets shall be charged initially against that portion of the applicable Development Charge with respect to Engineering Services required to be paid prior to the City's release of the Plan of Subdivision for registration. Any remaining offset will be credited against that portion of the applicable Development Charges which is required to be paid at the time of issuance of building permits. In this regard, the Subdivider shall provide to the City, a list of those lots or blocks to which credit will be assigned and the Subdivider shall enter into a Supplementary Agreement with the City outlining the aforementioned, with the offset to be registered against title of each specified lot or block, prior to the registration of the plan. Upon the total of the offset reaching the amount of monies properly paid by the Subdivider for the specified work, then the Development Charges will be paid in the normal manner in accordance with the City's By-law in that regard. The Subdivider acknowledges that prior to the issuance of any building permits in this Plan, Old Chicopee Drive shall be constructed from Daimler Drive to River Road and open to vehicular traffic to the satisfaction of the City's General Manager of Public Works. JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 115 - CITY OF KITCHENER 57. The City acknowledges that it will be responsible for 100% of the costs of the extension of Old Chicopee Drive, of which 50% have been identified as capital works and 50% as development charge expenditures. This road project has been included in the City's Capital Budget for 1997. However, if construction does not proceed in 1997 and City Council reschedules the timing of this project to a future year, or if sufficient money is not allocated from the City's Development Charge Account to permit the City to fund said project, and the Subdivider wishes to proceed ahead of such Development Charge allocation, the Subdivider agrees to be responsible for up-fronting the costs related to this project in accordance with the process set out in Clause 55. 58. To undertake a traffic analysis to the satisfaction of the Region's Commissioner of Engineering and the City's General Manager of Public Works, prior to any construction being commenced for Old Chicopee Drive and prior to registration of the Plan, to determine whether traffic signals are warranted at the proposed intersection of River Road and Old Chicopee Drive. 59. To construct 1.5 metre concrete sidewalks to the satisfaction of the City's General Manager of Public Works, in the following locations: PD 97~59 & PD 97/51 - ZONE CHANGE APPL. 95109101JW & SUBDIVISION 30T-95020 PD 97/56 - SUBDIVISION APPLICATION 30T-95021 & 30T-95022 - CHICOPEE WARD (CONT'D) 60. 61. 62. i) both sides of Veronica Drive; ii) the easterly side of Bancroft Street; and iii) the northerly side of River Road. 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) b) Block 39 for open space/hazard lands; and Block 40 for a 0.3 metre reserve. To make a cash contribution to the City of Kitchener Park Trust Fund Account in lieu of land for park purposes and in fulfilment of the Planning Act's park dedication requirement. Said contribution shall be equivalent to 5% of the land being subdivided, being 0.126 hectares of land, with said value and contribution being determined as of the day before the day of draft approval and paid immediately prior to the registration of the subdivision That in consideration of the wooded character of portions of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, the Subdivider agrees to comply with the following process in the development of the subdivision in accordance with the City's approved Tree Management Policy: a) prior to the City releasing the Subdivision Plan for registration, the Subdivider shall submit the detailed vegetation plan for the approval of the City's Manager of Design, Heritage and Environment. b) that no area/rough grading shall occur on the lands until such time as all approved measures for protection of isolated trees, tree clusters and woodlands affected by such grading have been satisfactorily implemented, 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 JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 116 - CITY OF KITCHENER 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 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 PD 97~59 & PD 97/51 - ZONE CHANGE APPL. 95109101JW & SUBDIVISION 30T-95020 PD 97/56 - SUBDIVISION APPLICATION 30T-95021 & 30T-95022 - CHICOPEE WARD (CONT'D) 63. 64. 65. 66. 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 Arboriculture, latest edition. Tree replacements are to be located on the same lot or block as the tree requiring removal or to a location within the subdivision requiring enhancement. Furthermore, such remedial measures or tree replacements shall be approved by the City's 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. To make arrangements, on behalf of the City, with Ontario Hydro for the conveyance of land required for the crossing of Old Chicopee Drive from Ontario Hydro to the City at the City's cost and free of encumbrance (save for the Ontario Hydro Transmission Easement) prior to the registration of the Plan. The registration of this Plan and the subsequent issuance of building permits can only occur consecutively with the registration and development of Plan 30T-95021 (Wm. J. Gies Construction Limited). Notwithstanding any bonding arrangements, no building permits shall be issued for any lots in this Plan until Veronica Drive and Bancroft Street in Plan 30T-95021 (Wm. J. Gies Construction Limited) are constructed and are open to vehicular traffic, to the satisfaction of the General Manager of Public Works. That the entire Plan of Subdivision shall be registered in one stage, but may be serviced and developed in phases, with the extent of each phase to be shown on the servicing drawings to the satisfaction of the General Manager of Public Works. 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 easement documents, so approved, have been registered. This condition shall constitute part of the approval authority's draft approval and as such, consent applications shall not be required for the establishment of such maintenance or eave encroachment easements. 67. That the streets names within the Plan shall be Veronica Drive and Bancroft Street JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 117 - CITY OF KITCHENER as shown on the Plan of Subdivision. 68. That construction traffic to and from the proposed subdivision development shall be prohibited from using Kinzie Avenue and any part of existing Veronica Drive, and shall be restricted to accessing the subdivision from River Road or through Plan 30T-95021 (Wm. J. Gies Construction Limited). 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. 69. To obtain from the Grand River Conservation Authority, final issuance of Fill, Construction and Alteration to Waterways Permit No. 50/97 for all works within the Idlewood Creek Wetland, including the extension of Old Chicopee Drive from Daimler Drive to River Road. 70. To provide planting strips having a minimum width of 4.6 metres and a 1.8 metre PD 97~59 & PD 97/51 - ZONE CHANGE APPL. 95109101JW & SUBDIVISION 30T-95020 PD 97/56 - SUBDIVISION APPLICATION 30T-95021 & 30T-95022 - CHICOPEE WARD (CONT'D) 71. 72. 73. 74. 75. high chain link fence in the rear of any lots abutting River Road (Regional Road 56). Such planting strips and fencing are to be developed at the Subdivider's cost in accordance with plans/drawings to be approved by the General Manager of Planning and Development prior to the issuance of any building permits within the subdivision plan. Further, said planting strips and fencing 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 acknowledged that the fencing of lands adjacent to a Regional road shall be subject to the requirements of the Region. Further, if physical noise attenuation barriers are required in accordance with Clause 50, installation of said barriers shall substitute for the planting strip requirement. That notwithstanding any bonding arrangements, no building permits shall be issued for any lots in this Plan until the sanitary pumping station, force main and related appurtenances are constructed, are operational to the satisfaction of the General Manager of Public Works, and have been accepted by the City. That notwithstanding any bonding arrangements, no building permits shall be issued for Lots 1 to 25 inclusive and Lots 36 to 38 inclusive until the storm water management facility in Plan 30T-95021 (Wm. J. Gies Construction Limited) is constructed to the satisfaction of the General Manager of Public Works, and has been accepted by the City. That the City Solicitor shall arrange for the passing of a By-law opening Block 40 as public highway, subsequent to or concurrent with the passing of a by-law to open as public highway that portion of Veronica Drive crossing the Ontario Hydro Corridor and subsequent to both the registration of Plan 30T-95020 (773424 Ontario Ltd./R. Sutherland) and the construction of Veronica Drive from its present northerly terminus to said Block 40, and at a timing approved by the City's General Manager of Public Works. The Subdivider acknowledges that the City Solicitor shall arrange for the passing of a by-law opening 0.3 metre reserve Block 'K', Registered Plan 1303, subsequent to the registration of this plan and the construction of Veronica Drive from Old Chicopee Drive to said Block 'K', and at a timing approved by the City's General Manager of Public Works. 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 JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 118 - CITY OF KITCHENER registration 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 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. 76. That if Veronica Drive in Plan 30T-95020 (773424 Ontario Ltd./R. Sutherland) and across the Ontario Hydro corridor is not constructed at the same time as Veronica Drive in this plan, and the Subdivider wishes to proceed in advance of construction of Veronica Drive on said adjacent lands, the Subdivider agrees to construct a temporary turning circle to City standards on Lots 27, 28 and 29. Said turning circle should be designed, constructed and ultimately removed to the satisfaction of the General Manager of Public Works. At such time as Veronica PD 97~59 & PD 97/51 - ZONE CHANGE APPL. 95109101JW & SUBDIVISION 30T-95020 PD 97/56 - SUBDIVISION APPLICATION 30T-95021 & 30T-95022 - CHICOPEE WARD (CONT'D) Drive is constructed on said adjacent lands the Subdivider shall remove the turning circle. No building permits will be issued for Lot 27, 28 or 29 until the turning circle is removed. It is the opinion of this Committee that approval of this application is proper planning for the City. That condition 55 be reconsidered at the time of subdivision servicing in order to assess whether the City is willing to give development charge credit for projects undertaken by the Subdivider but not included in the Development Charge By-law. That an exemption to Council's Road Allowance Width Policy be granted in order to allow a 16 metre road allowance for Bancroft Street in Plan 30T-95021 and Plan 30T-95022, as the street functions as a "crescent" but has access to two different streets." Councillor M. Yantzi advised that the recommendations pertaining to these matters would be considered by City Council at its meeting to be held on Monday, July 7, 1997. PD 97/45 - 89 JOSEPH STREET - ZONE CHANGE APPLICATION ZC 961281PIZJ - DR. FRANK LOY & CITY OF KITCHENER - VICTORIA PARK WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from Dr. Frank Loy and the City of Kitchener to change the zoning of lands known municipally as 89 Joseph Street. It was noted in the report that the applicant proposes to re-zone the subject property as well as a small piece of City parkland in order to facilitate the exchange of land between the applicant and the City. In this regard, the Committee considered Planning and Development Staff Report PD 97/45, dated May 21, 1997, and a proposed by-law, dated April 11, 1997, attached to the report. The history behind 89 Joseph Street was dealt with in the report as well as an explanation of the proposed land exchange. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. The Committee was advised that staff had nothing further to add to the report. No delegations responded to an invitation to address the Committee. On motion by Councillor John Smola - it was resolved: 'A. That City Council interpret that the lands subject to this zone change application as being designated "Low Rise Conservation" in the Victoria Park Neighbourhood Secondary Plan, as included in the City's Municipal Plan. JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 119 - CITY OF KITCHENER That Zone Change Application ZC 96/28/P/ZJ (Dr. Frank Loy and City of Kitchener) requesting a zone change from Open Space Zone (P-2) and Residential Five Zone (R-5) to Residential Five Zone (R-5) and Open Space Zone (P-2) all according to By-law 85-1, on Part of Lot 17, Registered Plan 80 be approved in the 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 Council: 1. That the owner erect a minimum 4 foot high chain link fence or alternate type of fencing along a portion of the rear and easterly sides of his property as shown on the attached Building Location Survey or alternatively, provide a Letter of Credit for the fencing and its installation to the satisfaction of the General Manager of Parks and Recreation. PD 97/45 - 89 JOSEPH STREET - ZONE CHANGE APPLICATION ZC 961281PIZJ - DR. FRANK LOY & CITY OF KITCHENER - VICTORIA PARK WARD (CONT'D) 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 96/28/P/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 Municipal Plan." Councillor M. Yantzi advised that this recommendation would be considered by City Council at its meeting to be held on Monday, July 7, 1997. DELEGATION - 273 KING STREET WEST - REQUEST FOR ENCROACHMENT AGREEMENT - JUST DESSERTS - VICTORIA PARK WARD Mr. Tom Boric appeared as a delegation on behalf of Just Desserts, 273 King Street West, to request permission for the restaurant to operate a patio on the City sidewalk. In this regard, an encroachment agreement is needed with the owner of Just Desserts. Ms. L. MacDonald, Assistant City Solicitor, objected to consideration of the request since it has not gone through the established process of staff review and Fire and Planning officials have not had the opportunity to consider the request. The Committee then entered into a brief discussion. On motion by Councillor J. Ziegler - it was resolved: "That subject to all municipal approval criteria being met, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner of Just Deserts to permit the use of a portion of the sidewalk directly in front of Just Deserts, located at 273 King Street West, for the operation of a sidewalk patio for the 1997 season, and further, That should the owner fail to receive such required approvals, he be directed to the July 7, 1997 Council meeting." The Committee directed this matter be referred to the Special Council meeting this date for ratification. PD 97~63 - ADDENDUM TO PD 97/43 PD 97/43 - 4355 KING STREET EAST - MUNICIPAL PLAN AMENDMENT APPLICATION MP 96/7/K/CL - ZONE CHANGE APPLICATION ZC 96/25/K/CL - JADE-BAY DEVELOPMENTS INC. - SOUTH WARD JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 120 - CITY OF KITCHENER The Committee was receipt of an application from Jade-Bay Developments Inc. for Municipal Plan amendment and zone change respecting lands known municipally as 4355 King Street East. The applicant proposes to add a special policy to the City's Municipal Plan to allow retail as a permitted use in the Service Commercial land use designation, to apply only to subject lands. A corresponding special use provision is proposed to be added to the zoning by-law for this property which will add retail to the C-6 zone and impose a minimum gross floor area requirement of 650 square metres for individual retail outlets. In this regard, the Committee considered Planning and Development Staff Report PD 97/43, dated May 22, 1997, and a proposed by-law, dated May 1, 1997, attached to the report. PD 97~63 - ADDENDUM TO PD 97/43 PD 97/43 - 4355 KING STREET EAST - MUNICIPAL PLAN AMENDMENT APPLICATION MP 96/7/K/CL - ZONE CHANGE APPLICATION ZC 96/25/K/CL - JADE-BAY DEVELOPMENTS INC. - SOUTH WARD (CONT'D) It was also noted in the report that the subject property is approximately 2.317 acres in size and is located at the intersection of King Street East and Baxter Place/Pioneer Tower Road. In 1994, a site plan approval was granted and 2 buildings have been constructed which are occupied by restaurants, both of which are permitted service commercial uses. One building containing a proposed 1,133 square metres (12,195 square feet) of gross floor area has not yet been constructed and is the specific focus of the applications to permit retail. The Committee was also in receipt of Planning and Development Staff Report PD 97/63, dated June 19, 1997, prepared as an addendum to Report PD 97/43. The Report PD 97/63 deals with the matter of conditions pertaining to the Municipal Plan amendment and zone change and provides a revised recommendation in respect to these matters. It was pointed out that notice that the Committee would hold a public meeting this date to consider these matters had previously been given. On behalf of the Vice-Chair of the Committee, Ms. C. Ladd read the following statement into the record: This is a Public Meeting under 'The Planning Act, 1996' to consider Municipal Plan Amendment Application 96/7/K/CL (Jade-Bay Developments Ltd.). Section 17 (45) of the Planning Act allows the Ontario Municipal Board to dismiss all or part of an appeal without holding a hearing if the appellant did not make oral submissions at a public meeting or did not make written submissions to the council before the plan was adopted and, in the opinion of the Board, the appellant does not provide a reasonable explanation for having failed to make a submission. In order to ensure the record includes all the names of those individuals who are making verbal submissions today for this Municipal Plan Amendment, please ensure that you clearly identify yourself before you begin your submissions and the Clerk will record your name for the record. If your name does not appear on the record, you may jeopardize any further involvement you wish to have in these matters. Any recommendation made by Planning Committee on these matters today will be considered by City Council on July 7, 1997. If City Council adopts the amendments, they will proceed to the Regional Municipality of Waterloo who has the final approval authority for Municipal Plan Amendments. They are also the body to whom appeals are sent. Further information on these procedures is available from the City's Department of Planning and Development or the Region's Department of Planning and Culture. Ms. C. Ladd briefly explained the application which proposes to add retail uses to a commercial zone and asked that the Committee take note of the addendum report PD 97/63. She advised that staff had nothing further to add to the report other than to point out that, as of this date, staff had received a number of concerns from the community association and property owners. The Committee was in receipt of a letter, dated June 23, 1997, from Pinegrove Community Association JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 121 - CITY OF KITCHENER as well as a letter, dated June 23, 1997, from Bratty and Partners, Solicitors, acting on behalf of J.H.S. Properties Inc. which is the owner of land in the vicinity of the Jade-Bay Development site. The letter from Bratty and Partners expresses concern with respect to the expansion of uses on the present site. PD 97~63 - ADDENDUM TO PD 97/43 PD 97/43 - 4355 KING STREET EAST - MUNICIPAL PLAN AMENDMENT APPLICATION MP 96/7/K/CL - ZONE CHANGE APPLICATION ZC 96/25/K/CL - JADE-BAY DEVELOPMENTS INC. - SOUTH WARD (CONT'D) Mr. Frank Reiss, Terraventure Group, Toronto, appeared as a delegation on behalf of the applicant. He commented that he appreciated the concerns being expressed by others but noted that in terms of land use the applicant was trying to zero in on retail uses that compliment uses already existing in the area. Further, he pointed out that the applicant has been unable to find a tenant for the property as currently zoned. In reference to the letter from Bratty and Partners he suggested that it contained an erroneous comment on the matter of improvements. With regard to the letter received from the Pinegrove Community Association, Mr. Reiss advised that he was willing to work with residents to improve operational aspects of the restaurant. As well, he stated that they had agreed to close the second access which is affecting the residential area. In this regard, he advised that the contractor has been instructed to complete road closure within 30 days and that he was in agreement with conditions of staff in this regard. At this point, Councillor M. Yantzi, Vice-Chair, left the meeting and Councillor J. Ziegler took the Chair and conducted the remainder of the meeting. At this point, Mr. Reiss responded to a number of questions from the Committee regarding traffic, parking and uses of the property. He emphasized that the plan was to compliment existing uses and suggested that the ultimate use would generate a lot less traffic than currently approved uses. In response to Councillor T. Galloway, Mr. Reiss itemized the types of uses that had been pursued unsuccessfully for this third building. Again he emphasized that the current uses are considered to be more traffic intensive than what was being proposed by the zone change. Councillor T. Galloway questioned what commitment Mr. Reiss could give to work with the neighbours to mitigate impacts of the entire development on the adjoining residential neighbourhood. He advised that he would ensure there was a liaison contact, agent and/or property manager that could work on these matters. He suggested such public issues as noise could be mitigated by turning down the level of the take-out speaker systems of the restaurants during evening hours. In response to Mayor R. Christy, he advised that they would experiment with sound attenuation measures to direct the noise from the speaker systems into vehicles. Mr. Dan Manherz appeared as a delegation with regard to the application. He advised that the end of his driveway abuts the donut shop and that his biggest concern was that the Pioneer Tower Road/Baxter Place intersection does not work. He indicated that transport trucks were parking in the area and asked that such large transport trucks be prohibited from entering the subdivision. Also, he noted a concern in that supply trucks for the restaurant back into the development and extend into the road right-of-way thereby blocking half of Pioneer Tower Road. No other delegations responded to an invitation from the Chair to address the Committee on this matter. Councillor T. Galloway questioned what trip generation rates might apply in respect to retail uses that might locate on the property. Mr. D. Snow replied that it was difficult to provide any estimates without knowing what retail uses were proposed. Mr. T. McCabe commented that the service commercial zone has a large amount of retail and it was his view that the zoning proposed would result in a lesser number of trips. Councillor T. Galloway made the following points: the intersection of Baxter Place/Pioneer Tower Road/King Street was very dysfunctional, re-design of the intersection will take place over time, the property has an approved site plan, the proposed zone change could alleviate the number of JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 122 - CITY OF KITCHENER trips generated from the property, the residents association favours development that reduces the amount of traffic impacting their neighbourhood and that he supported approval on the basis of a regular liaison as agreed to by Mr. Frank Reiss. The recommendation in Report PD 97/43, as revised by the recommendation PD 97/63, was then considered. PD 97~63 - ADDENDUM TO PD 97~43 PD 97/43 - 4355 KING STREET EAST - MUNICIPAL PLAN AMENDMENT APPLICATION MP 96/7/K/CL - ZONE CHANGE APPLICATION ZC 96/25/K/CL - JADE-BAY DEVELOPMENTS INC. - SOUTH WARD (CONT'D) On motion by Councillor B. Vrbanovic - it was resolved: "1) That City Council approve the attached Municipal Plan Amendment MP 96/7/K/CL (Jade-Bay Developments Inc. - 4355 King Street East) being an amendment to: a) add Special Policy 28 to Section 3.12 as follows: 28. Notwithstanding the Service Commercial designation on lands known as 4355 King Street East, legally described as Part of Lot 9, Beasley's Broken Front Concession, retail shall be permitted subject to minimum floor areas for individual retail outlets being set out in the Zoning By-law. b) Amend Map 8 to include Special Policy 28. It is the opinion of this Committee that approval of this Amendment to the City's Municipal Plan is proper planning for the City. 2) That Zone Change Application ZC 96/25/K/CL (Jade-Bay Developments ltd,) requesting the addition of special use provision 242 to permit retail with a minimum gross floor area, on lands municipally addressed as 4355 King Street East and legally described as Part of Lot 9, Beasley's Broken Front Concession, be approved, in the form shown in the attached "Proposed By-law" dated May 1, 1997. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with a recommended Amendment (Jade- Bay Developments Inc. - 4355 King Street East) to the City's Municipal Plan. 3) That By-laws related to both Municipal Plan Amendment 96/7/K/CL and Zone Change Application ZC 96/25/K/CL (Jade-Bay Developments Inc.) not be given any readings by City Council until the following conditions have been satisfied: That the owner shall submit revised grading, drainage and storm water management to be approved by the City's General Manager of Public Works and revised landscape plans to be approved by the Manager of Design, Heritage and Environment, both by August 1, 1997. That all site works required by the approved plans specified in 1. above be completed in accordance with approved plans by November 1, 1997 or alternatively, a Letter of Credit in an amount equal to 100 percent of the cost of the works specified by the approved plans be submitted in a form satisfactory to the City Solicitor. The owner acknowledges that conditions 1. and 2. above are required to be satisfied no later than the dates indicated therein. In the event these requirements are not fulfilled within the time period specified, Council shall consider rescinding its approval." Councillor J. Ziegler, Acting Chair, advised that this recommendation will be considered by City Council at its meeting to be held on Monday, July 7, 1997. JUNE 23, 1997 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 123 - CITY OF KITCHENER UNFINISHED BUSINESS - LIST OF ITEMS AND STATUS The Committee was provided with a list of unfinished business and their current status. 10. ADJOURNMENT On motion, the meeting adjourned at 6:22 p.m. L.W. Neil, AMCT Assistant City Clerk