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HomeMy WebLinkAboutPlng & Econ Dev - 1998-09-28P E D\1998 -09 -28 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 28, 1998 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:35 p.m. under Councillor C. Weylie, Chair, with the following members present: Councillors Jake Smola, J. Zielger, K. Taylor-Harrison, G. Lorentz, B. Vrbanovic, T. Galloway, J. Haalboom and John Smola. Mayor C. Zehr entered the meeting shortly after its commencement. Officials present: Ms. L. MacDonald, D. Arnold, C. Ladd, J. Jantzi, J. Given, P. Bacon, S. Frenette, C. Heal and Messrs. J. Shivas, B. Stanley, P. Wetherup, D. Mansell, G. Richardson, J. Witmer and L.W. Neil. 1. PD 98/105 584 - 594 PIONEER TOWER ROAD ZONE CHANGE APPLICATION ZC971361PIJG SUDDIVISION APPLICATION 30T-97023 GRAND RIVER CONSERVATION AUTHORITY - DOON - PIONEER WARD The Committee was advised that the Department of Planning and Development was in receipt of applications for zone change and plan of subdivision from the Grand River Conservation Authority with regard to a parcel of land known municipally as 584 - 594 Pioneer Tower Road. It was noted in the staff report that the plan of subdivision proposes the creation of several Iotless blocks intended to accommodate a maximum of 58 single detached dwellings having a minimum lot width of 15.24 metres (50 feet) and that the zone change is required to lift the holding provision to allow development south of Pioneer Tower Road. In this regard the Committee considered Business and Planning Services Staff Report PD 98/105 dated September 2, 1998 and a proposed by-law dated August 19, 1998 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Ms. J. Given briefly summarized the history of the planning that has taken place in this area and pointed out that the plan of subdivision under consideration was a small one. She commented on the existing holding provision and distributed a letter received this date from the Grand Hill Village Association which listed a number of concerns and/or questions about the subdivision plan. She noted that in discussions with D. Nicholls, President of the Association, she was able to clarify most of the concerns. Ms. Given referred the Committee to item #3 of the association's letter which expressed concerns regarding the effects of sewer construction on water supply and a well monitoring program which also made reference to the Ontario Municipal Board consideration of this matter. Ms. Given then asked for the Committee's approval of a number of minor revisions to the recommendation in the staff report as follows: - under recommendation B1 the maximum number of units in each case shown should be shifted to refer to the stage in question - condition 60 should be corrected to reflect that the Krizsanderson Developments lands referred to Subdivision 30T-94008 - the last phrase of condition 61 should be revised by deleting reference to Deer Ridge Drive so that the wording reads "and only on the south side of Old Pioneer Tower Road from Black Maple Crescent to Block 5 (Stage 2) - under recommendation B3 (2) she asked that the regional conditions concerning submission of the plan for final approval be revised to read that the final lotting pattern for all blocks in which single detached and semi-detached lots are permitted shall be at a density not exceeding the density identified in condition 1 of the proposed draft conditions - under recommendation B3 (3)(a) she advised that the recommendation contained wording unrelated to the issue and asked that wording after reference to central air conditioning system be deleted - she advised that regional recommendation B3 (8) respecting a Certificate of Approval pursuant to the Environmental Protection Act has now been satisfied and requested that the condition be deleted Mayor C. Zehr entered the meeting at this point. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 28, 1998 - 154 - CITY OF KITCHENER In response to Councillor Jake Smola, Ms. Given advised that in reference to regional condition 1. PD 981105 584 - 594 PIONEER TOWER ROAD ZONE CHANGE APPLICATION ZC971361PIJG SUDDIVlSlON APPLICATION 30T-97023 GRAND RIVER CONSERVATION AUTHORITY - DOON - PIONEER WARD (CONT'D) B3 (2) that the wording was the preferred approach of the Region. Councillor Jake Smola questioned if regional condition B3 (3)(a) concerning air conditioning could be registered on title and Ms. C. Ladd advised that the land title office would not allow registration of such warning clauses. Councillor T. Galloway questioned the future development of Blocks 6 & 7 and Ms. Given advised that these blocks would be developed with adjacent lands. Councillor J. Haalboom referred to condition 69 and the question of width of the right-of-way and Ms. J. Given acknowledged that it was an issue which she detailed and noted that Public Works had agreed to modified standards. Mayor C. Zehr expressed concern about exclusion of warning clauses and questioned if some reference could be put into the deed if the matter was referred to in an offer to purchase. Mr. J. Shivas commented on the difficulty that the Registry Office has indicated that it has with such detail. Mr. P. Britton, MacNaughton Hermsen Britton Clarkson, appeared as a delegation on behalf of the applicant along with Mr. Bob Steinberg of the GRCA. He acknowledged that most of the matters of concern have already been decided with respect to this subdivision and pointed out that in fact the maximum unit count would be slightly below what was permissible. Mr. Britton advised that the well monitoring condition was imposed relative to three infrastructure requirements which he noted have all been constructed and that JHS and Krizsanderson had assumed 100% responsibility with respect to this matter. On the issue of an odour warning, he advised that three methods were contemplated all of which were supported by the developers but acknowledged that it was a technical problem relating to the Registry Office. On the issue of Iotless blocks, he advised that Kitchener through its Continuous Improvement Process has endorsed that approach in principle. Mr. Britton referred to condition 61 and requested that sidewalk be required only on the south side of Old Pioneer Tower Road from Deer Ridge Drive to Pioneer Tower Crescent rather than on both sides. In summary, he advised that he was in full support of the staff recommendations and the revisions requested by staff and requested consideration of revision to condition 61. Councillor T. Galloway referred to an existing house adjacent to Black Maple Court and Mr. Britton advised that the design options were either one large lot with a house remaining or creation of smaller lots and removal of the house. Councillor T. Galloway advised that he wished to publicly express appreciation to Mr. Bob Steinberg of the GRCA for the efforts he has made regarding development of this subdivision and adjacent related planning matters. No other delegations were registered respecting this matter. The recommendations in the staff report were then considered and the revisions requested by Ms. Given were agreed to. On motion by Councillor J. Haalboom, it was agreed to revise condition 61 in accordance with the request from Mr. P. Britton which also results in a similar revision to condition 69. The recommendations, as revised, were then considered. On Motion by Councillor J. Haalboom - It was resolved: "A. That Zone Change Application ZC 97/36/P/JG (Grand River Conservation Authority) requesting the removal of holding provision 28H from lands legally described as Part Lot 12, Beasley's Broken Front Concession, be approved in the form shown in the attached "Proposed By-law", dated August 19, 1998, without conditions. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 28, 1998 - 155 - CITY OF KITCHENER It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan." 1. PD 98/105 584 - 594 PIONEER TOWER ROAD ZONE CHANGE APPLICATION ZC971361PIJG SUDDIVISION APPLICATION 30T-97023 GRAND RIVER CONSERVATION AUTHORITY - DOON - PIONEER WARD (CONT'D) B. That the City of Kitchener, pursuant to Section 51. (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 97-061, grant draft approval to Plan of Subdivision Application 30T-97023 in the City of Kitchener, for the Grand River Conservation Authority, subject to the following conditions: 1) That this approval applies to Plan of Subdivision 30T-97023 for the Grand River Conservation Authority as shown on the plan prepared by MacNaughton Hermsen Britton Clarkson Ltd. dated September 2, 1998 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated September 3, 1998, which shows the following: dwellings Sta.qe 1 (max. 33 units) Blocks 1-5 Block 6 Blocks 7-9 single detached dwellings Blocks 10, 11, 12 -single detached -drainage corridor - lot consolidations for future -road widenings StaRe 2 (max. 25 units) Blocks 1-4 Block 5 detached dwellings Block 10 -single detached dwellings -trail link Blocks 6, 7 -lot consolidations for future single Blocks 8,9 -0.3 m reserve -road widenings CITY OF KITCHENER CONDITIONS: 2) That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions be contained therein: 51. That the final plans for registration purposes shall be prepared in accordance with the attached Plan of Subdivision prepared by the City of Kitchener, dated September 3, 1998 provided that minor changes to said plan, acceptable to the Assistant General Manager of Business and Planning Services and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. 52. That prior to any grading or construction on site or registration of any stage of the Plan, a Grading Control Plan be approved by the City's General Manager of Public Works in consultation with the City's General Manager of Parks and Recreation, the Assistant General Manager of Business and Planning Services and the Grand River Conservation Authority. 53. a) That prior to any grading or construction on site or registration of any stage of the Plan, a PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 28, 1998 - 156 - CITY OF KITCHENER detailed design for storm water management shall be prepared in accordance with the approved recommendations of the Hydrogeological report prepared by Paragon Engineering (August, 1995), and in accordance with the approved concept plan, and submitted for the approval of the City's General Manager of Public Works in consultation with the City's General Manager of Parks and Recreation and the Grand River Conservation 1. PD 98/105 584 - 594 PIONEER TOWER ROAD ZONE CHANGE APPLICATION ZC971361PIJG SUDDIVISION APPLICATION 30T-97023 GRAND RIVER CONSERVATION AUTHORITY - DOON - PIONEER WARD (CONT'D) Authority. The Subdivider further agrees to implement all required measures as outlined in the approved final design. b) The stormwater management pond, which will be constructed on lands located immediately the west of the subdivision lands, shall jointly serve this subdivision and that of Plans of Subdivision 30T-94009 and 30T-96004. Engineering design, landscaping and construction costs will be shared on a contributing volume basis with each owner. Construction costs shall relate to the costs to implement the ultimate storm water management design and shall be based on the actual tendered cost. 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 any stage of this plan of Subdivision. At such time as the ultimate 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, indicating full payment has been made 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. The Subdivider agrees that in consideration of the wooded character of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, to comply with the following process in the development of the subdivision in accordance with the City's approved Tree Management Policy: a) prior to the City releasing any stage of the Subdivision Plan for registration, the Subdivider shall submit the detailed vegetation plan for the approval of the City's Director of Planning. 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 28, 1998 - 157 - CITY OF KITCHENER 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) 1. PD 98/105 584 - 594 PIONEER TOWER ROAD ZONE CHANGE APPLICATION ZC971361PIJG SUDDIVISION APPLICATION 30T-97023 GRAND RIVER CONSERVATION AUTHORITY - DOON - PIONEER WARD (CONT'D) are carried out as specified. 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 Director of Planning and shall be satisfactorily implemented prior to occupancy of the units or, due to weather conditions, by the next planting season. 55. That the 5% parkland dedication required for the plan of subdivision has been satisfied by the prior conveyance to the City, of lands within Plan of Subdivision 30T-95016, namely Blocks 2,3, 55 and 56. 56. That construction traffic to and from the proposed subdivision development shall be restricted to accessing the subdivision only from Deer Ridge Drive and Old Pioneer Tower Road. The Subdivider agrees to advise all relevant contractors, builders, and other persons of the requirement, with the subdivider being responsible for any PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 28, 1998 - 158 - CITY OF KITCHENER signage, if required, all to the satisfaction of the City's Director of Traffic and Parking Services. 57. That the names of the streets within the Plan shall be those shown on the Plan of Subdivision. The Subdivider agrees that no building permits shall be applied for on any lot or block in the Plan until satisfactory arrangements are made with the City's Chief Building Official regarding the installation and maintenance of a direct-to-fire alarm monitoring system for each and every dwelling to be constructed within this Plan. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. Prior to occupancy of each dwelling, the Subdivider shall confirm with the Chief Building Official that such system is operational. Such system shall remain operational in 1. PD 98/105 584 - 594 PIONEER TOWER ROAD ZONE CHANGE APPLICATION ZC971361PIJG SUDDIVISION APPLICATION 30T-97023 GRAND RIVER CONSERVATION AUTHORITY - DOON - PIONEER WARD (CONT'D) perpetuity and this condition shall not be released from title unless and until the City's Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. 59. That the division of any Lots or Blocks by Part Lot Control shall be subject to compliance with the following requirements: The Subdivider shall submit a draft reference plan for each lot or block, and obtain approval of the draft reference plan from the City's Assistant General Manager of Business and Planning Services, and the City's General Manager of Public Works and the Commission's Engineer. ii) The Subdivider shall pay all current outstanding taxes prior to the submission of a part lot control exemption By-law to the City's Council; iii) The draft reference plan approved above shall be deposited in accordance with the Land Titles Act and three copies submitted to the City's Assistant General Manager of Business and Planning Services; That final approval of a Part Lot Control Exemption By-law has been given; No building permits shall be issued until steps (i) (ii) and (iii) above and Section 6.8 ii) are completed and the layout shown on the registered reference plan is in compliance with the approved reference plan and the approved servicing and grading plans; vi) Any further division of lands to create additional building parcels shall require the submission of subsequent reference plans to be approved in accordance with steps (i), (ii), (iii) and (iv) above. The passing of another part lot control exemption by-law shall not be required. 60. In the event the cost of the intersection design, improvements and signalization set out in Condition 3 are not included as growth related PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 28, 1998 - 159 - CITY OF KITCHENER items in the Region's Development Charge By-law prior to such works being constructed/installed, the Subdivider acknowledges that engineering design and construction costs for these works shall be shared with the owners of the following lands: 1. PD 98/105 * Krizsanderson Developments Ltd.-all lands within Draft Plan of Subdivision 30%94008 * 94017 * JHS Properties Inc.-all lands within Draft Plan of Subdivision 30T-94009 * 346874 Ontario Ltd.-all lands within Draft Plan of Subdivision 30T- 95016 * JHS Properties Inc-all lands within Draft Plan of Subdivision 30T- 96004 * GRCA-all lands within Draft Plan of Subdivision 30T-97023 Reid - (legally described as Part Lot 12, Beasley's Broken Front 584 - 594 PIONEER TOWER ROAD ZONE CHANGE APPLICATION ZC971361PIJG SUDDIVISION APPLICATION 30T-97023 GRAND RIVER CONSERVATION AUTHORITY - DOON - PIONEER WARD (CONT'D) Concession) Costs related to the above noted works shall be apportioned on the basis of the proportionate number of units within each of the land holdings to the total number of units permitted in the Zoning By-law within the specified lands. Construction costs shall be based on the actual tendered cost of the works. In order to facilitate the sharing of expenses for the works specified above, the plan of subdivision will not be released for registration until such time as the Subdivider has satisfied the City's General Manager of Business and Planning Services that arrangements have been made between those owners set out above for the payment of their share of the costs. Cost sharing shall not be required if the work proceeds before the final determination of whether the works will be included in the revised Development Charge By-law. 61. To construct 1.5 metre concrete sidewalks to the satisfaction of the City's General Manager of Public Works only on the south side of Old Pioneer Tower Road from Deer Ridge Drive to Pioneer Tower Crescent and only on the south side of Old Pioneer Tower Road from Black Maple Crescent to Block 5 (Stage 2). 62. That all road widenings be dedicated to the City of Kitchener upon the registration of each stage of the plan of subdivision. 63. The Subdivider agrees that, notwithstanding any bonding arrangements, no building permits shall be issued for any lots in the Plan until the sanitary pumping station, forcemain and related appurtenances are constructed and operational, to the satisfaction of the City's General Manager of Public Works, and have been accepted by the City. 64. The Subdivider acknowledges that the development of the Plan of Subdivision may proceed in two (2) stages. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 28, 1998 - 160 - CITY OF KITCHENER 65. In addition to the standard requirements and the general conditions outlined above, the following special conditions shall also apply to Stage 1. The registration and development of Stage 1 of this Plan may occur only together with or following the registration and development of Stage 4 of Plan of Subdivision 30T-94009. Alternatively, Stage 1 may be registered but prior to the issuance of any building permits within this stage, the subdivider shall arrange for the conveyance to the City, at no cost and free of encumbrance, of that portion of Pioneer Tower Crescent within Stage 4 of Plan of Subdivision 30T-94009 and construct such road to the satisfaction of the City's General Manager of Public Works. The Subdivider shall convey Block 6 (Stage 1) to the City for drainage purposes, without cost and free of encumbrance, concurrently with the registration of Stage 1. 1. PD 98/105 584 - 594 PIONEER TOWER ROAD ZONE CHANGE APPLICATION ZC971361PIJG SUDDIVISION APPLICATION 30T-97023 GRAND RIVER CONSERVATION AUTHORITY - DOON - PIONEER WARD (CONT'D) 68. No building permits may be issued for Blocks 7-9 (Stage 1) until such blocks are consolidated with adjacent lands to the east, contained within Plan of Subdivision 30T-94009, legally described as Part of Lot 12, Beasley's Broken Front Concession. 69. That the owner shall upgrade Pioneer Tower Road (to be renamed "Old Pioneer Tower Road") from its intersection with Deer Ridge Drive up to and including the turning circle to be constructed generally in the location shown on the Plan of Subdivision, all to the satisfaction of the City's General Manager of Public Works. Such upgrading shall be done to modified municipal standards, including modified curbs, tar and chip surface, a suitable style of lighting fixtures and sidewalks of suitable construction materials, consistent with those standards approved by the City's Public Works Department for Pioneer Tower Road adjacent to Plan of Subdivision 30T-94008. Such upgrading shall be done within an 18 metre right-of-way between Pioneer Tower Crescent and Deer Ridge Drive and include a sidewalk along the south side of such section, and within a 16 metre right-of-way west of Pioneer Tower Crescent to the turning circle, and shall include a sidewalk only between Black Maple Crescent and Block 5 (Stage 2). 70. Following the registration of Stage 1, the City shall open Block 5 (Stage 4) of Plan of Subdivision 30T-94009 by by-law. 71. In addition to the standard requirements and the general conditions outlined above, the following special conditions shall also apply to Stage 2. 72. The registration and development of Stage 2 of this Plan may only occur together with or following the registration and development of Stages 1 and 4 of Plan of Subdivision 30T-94009. 73. No building permits shall be issued for Blocks 6 or 7 (Stage 2) until such blocks are consolidated with adjacent lands to the east, legally described as Part Lot 12, Beasley's Broken Front Concession. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 28, 1998 - 161 - CITY OF KITCHENER 74. The Subdivider shall convey Block 10 (Stage 2) to the City for a 0.3 metre reserve, without cost and free of encumbrance, concurrently with the registration of Stage 2. The Subdivider shall convey to the City, without cost and free of encumbrance, Block 5 (Stage 2) for open space/trail link purposes concurrently with the registration of Stage 2. The subdivider shall fill, compact and grade in both a preliminary and finished form, Block 5 (Stage 2) 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 Stage 2, not to exceed two years from the registration of Stage 2 of the subdivision plan or at any alternate time approved in writing by the General Manager of Parks and Recreation. It is acknowledged that prior to the final approval of the subdivision of adjacent lands to the east, either by plan of subdivision or consent, the owner of such lands shall satisfy the City's Assistant General Manager of Business and Planning Services that he has paid to the 1. PD 98/105 584 - 594 PIONEER TOWER ROAD ZONE CHANGE APPLICATION ZC971361PIJG SUDDIVISION APPLICATION 30T-97023 GRAND RIVER CONSERVATION AUTHORITY - DOON - PIONEER WARD (CONT'D) owner of this Plan of Subdivision 30T-97023, half of the tendered contract price of the construction of Black Maple Court and the abutting portion of Black Maple Crescent. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS 3) That the Subdivider satisfy the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning and Culture: That the owner agrees to stage the development of this subdivision in a manner satisfactory to the Commissioner of Planning and Culture of the Regional Municipality of Waterloo. That the final lotting pattern for all blocks in which single detached and semi-detached lots are permitted shall be at a density not exceeding the density identified in Condition 1 of the proposed draft approval conditions. That in accordance with the results of the odour analysis and addendum report prepared by ORTECH Corporation dated July 19, 1996 and September 12, 1996 respectively, the owner agrees as follows: a) that the dwellings constructed on Blocks 1-4 (Stage 2) respectively, shall be constructed with a central air conditioning system. that the owner shall enter into and agreement with the Regional Municipality of Waterloo to include the following clause in the Agreements of Purchase and Sale and/or Rental Agreements for Blocks 1-5 inclusive (Stage 1) and Blocks 7-9 inclusive (Stage 1 ): PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 28, 1998 - 162 - CITY OF KITCHENER "Due to its proximity to the Kitchener Wastewater Treatment Plant, projected odour levels on this property may occasionally cause concern to some individuals." c) that the owner shall enter into and agreement with the Regional Municipality of Waterloo to include the following clause in the Agreements of Purchase and Sale and/or Rental Agreements for Blocks 1-4 inclusive (Stage 2): "Due to its proximity to the Kitchener Wastewater Treatment Plant, projected odour levels on this property may occasionally cause concern to some individuals. Moreover, this dwelling has been fitted with a central air conditioning system for the purpose of attenuating occasional odour." That prior to the final approval of any stage, the Regional Municipality of Waterloo shall secure both the physical and financial resources to provide for the design and construction of the intersection improvements at Deer Ridge Drive and Highway No. 8, and Baxter Place/Sportsworld Drive/Pioneer Tower Road and Highway No. 8 relating to the Regional Road network, in accordance 1. PD 98/105 584 - 594 PIONEER TOWER ROAD ZONE CHANGE APPLICATION ZC971361PIJG SUDDIVISION APPLICATION 30T-97023 GRAND RIVER CONSERVATION AUTHORITY - DOON - PIONEER WARD (CONT'D) with the preliminary functional design (including Schedule 'A') dated January 30, 1997 and the intersection improvement staging plan dated January 30, 1997 prepared by the developer in consultation with the affected neighbourhood associations, and approved by the Regional Commissioner of Engineering and the City of Kitchener. Prior to final approval of any stage, the developer shall, where appropriate, enter into an agreement with the Regional Municipality of Waterloo regarding the financing of any intersection improvements identified by the approved staging plan as being required based on the cumulative number of units registered to date and proposed in that particular stage. That the owner enter into an Agreement for Servicing with the Regional Municipality of Waterloo to provide access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with City of Kitchener, such agreement shall be amended to provide for a Regional agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Engineering shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. That the owner include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 28, 1998 - 163 - CITY OF KITCHENER "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfilment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered." That the Subdivision Agreement be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the Commissioner of Planning and Culture for the Regional Municipality of Waterloo prior to the final approval of the subdivision plan. OTHER AGENCY CONDITIONS That prior to the commencement of any grading or construction on the site, or prior to final approval of all or any part of the plan, the owner shall submit the following plans and reports to the Grand River Conservation Authority for approval: 1. PD 98/105 584 - 594 PIONEER TOWER ROAD ZONE CHANGE APPLICATION ZC971361PIJG SUDDIVISION APPLICATION 30T-97023 GRAND RIVER CONSERVATION AUTHORITY - DOON - PIONEER WARD (CONT'D) a) A final Stormwater Management brief indicating conformance with the approved final Stormwater Management Report for the JHS lands as part of Draft Plan of Subdivision 30T-94009. Infiltration on the subject lands must be as defined in that report. (Sept/97 Paragon, Plan Feb 2/98) A final Grading Plan and Erosion and Siltation Control Plan for the lands on the south side of Pioneer Tower Road in accordance with the Grand River Conservation Authority's guidelines, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction, and c) In conjunction with the Grading Plan, notes regarding tree saving for any significant species along the south side of Pioneer Tower Road should be submitted. CLEARANCE CONDITIONS That prior to the signing of the final plan, the City's Assistant General Manager of Business and Planning Services is to be satisfied that all pre- registration requirements in Condition 2 have been met. That prior to the signing of the final plan by the City's Assistant General Manager of Business and Planning Services, the Assistant General Manager is to be advised by the Regional Commissioner of Planning and Culture that Condition 3 has been carried out to the satisfaction of the Regional PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 28, 1998 - 164 - CITY OF KITCHENER Municipality of Waterloo. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied. That prior to the signing of the final plan by the City's Assistant General Manager of Business and Planning Services the Assistant General Manager is to be advised by the Grand River Conservation Authority that Condition 4 has been carried out to the satisfaction of the Grand River Conservation Authority. The clearance letter from the Grand River Conservation Authority shall include a brief statement detailing how the condition has been satisfied. NOTES The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality adopted in accordance with the Development Char.qes Act, S.O. 1989 apply to this draft approval and are to be satisfied as follows: a) inquiries regarding the application of the City of Kitchener Development Charge By-law should be directed to the City of Kitchener; b) in accordance with subsection 5(2) of Regional Development Charge By-law, ONE OF THE FOLLOWING OPTIONS CAN BE UTILIZED: 1. PD 98/105 584 - 594 PIONEER TOWER ROAD ZONE CHANGE APPLICATION ZC971361PIJG SUDDIVISION APPLICATION 30T-97023 GRAND RIVER CONSERVATION AUTHORITY - DOON - PIONEER WARD (CONT'D) i) at the time of entering into a subdivision agreement with the City of Kitchener, the owner/developer may pay 100% of the "Hard Service" development charge component as calculated in accordance with section 1 of Schedule "C" of By-law 91-91, directly to the Regional Municipality of Waterloo; or prior to entering into a subdivision agreement with City of Kitchener, the owner/developer may enter into an agreement with the Regional Municipality of Waterloo to defer payment of the "Hard Service" development charge component in accordance with section 2 of Schedule "C" of By-law 91-91; and c) the owner/developer is to provide the Regional Municipality of Waterloo with a copy of the proposed plan to be registered in conjunction with any payment made under b) above. In addition to the normal registered requirements, this plan must either include or be accompanied by a listing that includes metric area calculations certified by an Ontario Land Surveyor for every lot and block on the plan. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Business and Planning PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 28, 1998 - 165 - CITY OF KITCHENER Services Departments of any changes in ownership, agent, address and phone number. Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a reference plan showing the lands to be registered that are affected by the agreement and the conditions to be covered by the agreement should be provided. The fees for the preparation and registration of this agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and $50.00 respectively. The owner/developer is advised that the Regional Municipality of Waterloo has adopted by-law 96-025 pursuant to Section 69 of the Planning Act, R. S.O. 1990 Chapter P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 52 of the Ontario Water Resources Act prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of Environment and Energy for approval. The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario 1. PD 98/105 584 - 594 PIONEER TOWER ROAD ZONE CHANGE APPLICATION ZC971361PIJG SUDDIVISION APPLICATION 30T-97023 GRAND RIVER CONSERVATION AUTHORITY - DOON - PIONEER WARD (CONT'D) Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of Environment and Energy for approval. 8. The proposed sanitary sewage collection system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of Environment and Energy for approval. 9. The owner/developer is advised that draft approval is not a commitment by The Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department to initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Engineering to service the density as defined by the plan to registered, the owner/developer will be offered an "Agreement for Servicing". This PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 28, 1998 - 166 - CITY OF KITCHENER agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. 10. This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, Chapter P.13, as amended by S.O. 1996, c.4 (Bill 20). 11. To ensure that a Regional Release is issued by the Regional Commissioner of Planning and Culture to the City of Kitchener prior to the year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. 12. When the survey has been completed and the final plan prepared, to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the /Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the Assistant General Manager of Business and Planning Services' signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. It is the opinion of this Committee that approval of this application is proper planning for the City. C. That following the registration of Plan of Subdivision 30T-97023, the City of 1. PD 98/105 584 - 594 PIONEER TOWER ROAD ZONE CHANGE APPLICATION ZC971361PIJG SUDDIVISION APPLICATION 30T-97023 GRAND RIVER CONSERVATION AUTHORITY - DOON - PIONEER WARD (CONT'D) Kitchener close that section of Pioneer Tower Road (to be renamed Old Pioneer Tower Road following the registration of Plan of Subdivision 30T-94009) west of the turning circle and convey the closed right-of-way to abutting landowners at fair market value." The Chair advised those in attendance that this matter would be considered by City Council at its meeting to be held on Monday, October 5, 1998. DEFERRAL - 81 BRUCE STREET - ZONE CHANGE APPLICATION ZC971311BIZJ DR. SHARON GOODYEAR-JOHNSTON -CENTRE WARD Ms. C. Ladd advised that following the Committee's September 14th consideration of the zone change for 81 Bruce Street, staff had met with the applicant in search of a compromise regarding this matter. Dr. Goodyear-Johnston appeared as a delegation in support of her zone change application and PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 28, 1998 - 167 - CITY OF KITCHENER advised that following the Committee's deferral vote two weeks ago she had considered a few different plans with staff and developed a revised plan that reconfigured the parking lot and reduced it from 20 vehicle spaces to 15 spaces. However, she noted that the Ward Councillor had not yet met with area residents regarding the matter. Dr. Goodyear-Johnston stated that she had a concern that the revised plan for 15 spots would result in overflow parking impacting on the neighbourhood whereas the original plan was likely not to have any overflow. At this point she stated that her wish was to develop according to the original plan but would accept the second plan if that was the Committee and Council's wish. Councillor K. Taylor-Harrison apologized for not arranging to meet with area residents before this date and advised that she had established October 8th to meet with them to discuss the revised plan. Dr. Goodyear-Johnston suggested that the neighbours would not be satisfied with the revised plan and commented that if it was accepted, off-site parking would be a continual irritation for them. Mr. Mike Forte and Mrs. Liz Forte appeared as a delegation to advise that they were attending the meeting to support a deferral to the Committee's next meeting because no consultation had yet taken place with residents. Councillor Jake Smola was of the opinion that the Committee should make a decision this date and requested staff to distribute the original and the revised plans. Ms. C. Ladd advised that the revised plan maintains the proposed R-5 rezoning but that she was not sure of the mixture of practitioners at the clinic. Dr. Goodyear-Johnston stated that she still wished to include an alternative health care practitioner within the building. Councillor K. Taylor-Harrison commented that the zone change if approved would forever change the residential character of the neighbourhood and that it was her belief the neighbours had a right to meet to address their concerns. Councillor G. Lorentz commented that the process had been underway for one year and suggested that it should proceed. Councillor B. Vrbanovic suggested the matter be deferred and referred to the October 5th City Council meeting. Councillor J. Ziegler asked that staff be instructed to hold a meeting with residents before the October 5th Council meeting with or without the Ward Councillor to fully inform the residents of the status of this matter. On motion by Councillor J. Ziegler- It was resolved: = "That consideration of Zone Change Application ZC97/31/B/ZJ (Dr. Sharon Goodyear- DEFERRAL - 81 BRUCE STREET - ZONE CHANGE APPLICATION ZC971311BIZJ DR. SHARON GOODYEAR-JOHNSTON -CENTRE WARD (CONT'D) Johnston) be deferred and referred to the October 5, 1998 City Council meeting; and further, That staff of the Department of Business and Planning Services be instructed to hold a meeting with neighbourhood residents and advise them that a decision will be made by City Council on October 5, 1998." = BPS 98/115 BLOOMINGDALE ROAD KITCHENER-WOOLWICH BOUNDARY ADJUSTMENT BRIDGEPORT-NORTH WARD The Committee was in receipt of Business and Planning Services Staff Report BPS 98/115 dated September 21, 1998 which deals with the subject of a municipal boundary adjustment between the City of Kitchener and the Township of Woolwich in the area of Bloomingdale Road and Daniel Avenue. It was noted in the staff report that on April 14, 1997 Council resolved to accept and process an application to make a minor boundary adjustment between Kitchener and the Township of Woolwich. The proposed boundary adjustment entails the transfer of a small, 1.6 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 28, 1998 - 168 - CITY OF KITCHENER hectare (4 acre) parcel of land located at the southwest intersection of Bloomingdale Road and Daniel Avenue. An agreement between the municipalities was appended to the staff report and deals with a number of matters pertaining to the transfer of the land from the Township to the City. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Ms. C. Ladd advised that she had nothing further to add to the staff report. She did note that the action being requested this date represented the second step of the boundary adjustment proposal. In response to Councillor J. Haalboom, she advised that the subject lands are now designated appropriately within the Regional Official Policies Plan. In response to Councillor T. Galloway, Ms. Ladd advised that two land owners were involved and pointed out that at one time there were several owners who had expressed an interest in being annexed to the City. She advised that subsequently the Region looked at the matter and determined only two property owners represented rationalization of the boundary. Mr. Peter Melnichuk appeared as a delegation to support the application. Mr. John Mesina appeared as a delegation representing himself and Parkwood Developments (Kitchener) Limited, owners of property across the street from the subject property and indicated that he wished their lands of approximately 2.3 acres to be included in the annexation. Mr. William Kowalchuk, Landuse, Planning Mediation Services, appeared as a delegation in support of his September 25th letter and attached submission that was distributed with the Committee's agenda. In his letter, it was pointed out that in 1991, Mr. Kowalchuk had made an application on behalf of three property owners (Parkwood Development lands, the Kraft lands and the Demeuleneare lands) to change the boundary so that they were brought into the City of Kitchener. It was noted that nothing transpired in respect to his request and he asked that the Committee defer consideration of the current matter pending discussions about including the Parkwood and Kraft lands in the boundary adjustment. Ms. C. Ladd stated that she had spoken with Mr. C. Stewart, Regional Planner, and advised the Committee that they are unable to consider Mr. Kowalchuk's request because the lands were not properly designated in the Regional Official Policies Plan which must be amended before consideration of any such request. Councillor John Smola commented that the Regional Official Policies Plan amendment process should iron out all additional requests in the vicinity of the change being proposed this date. Mr. B. Stanley pointed out that there was a possibility for a much larger area to be annexed beyond that which is being discussed this date. However, need and justification for any extension of the BPS 98/115 BLOOMINGDALE ROAD KITCHENER-WOOLWICH BOUNDARY ADJUSTMENT BRIDGEPORT-NORTH WARD (CONT'D) urban boundary must be properly addressed. He suggested that the matter had other complexities and was one that should be addressed by the Region. Councillor C. Weylie advised Messrs. Mesina and Kowalchuk that they should approach the Region concerning their requests. On motion by Councillor John Smola - It was resolved: " That City Council give consideration to first and second reading of a by-law to enter into a municipal boundary adjustment agreement with the Township of Woolwich at its meeting of November 2, 1998." PD 98/106 87 SAMUEL STREET ZONE CHANGE APPLICATION ZC98161SIGR DONALD POIRIER - CENTRE WARD PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 28, 1998 - 169 - CITY OF KITCHENER The Committee was advised that the Department of Business and Planning Services was in receipt of an application from Mr. Donald Poirier to change the zoning of lands known municipally as 87 Samuel Street. It was noted in the report that the purpose of the application was to permit the conversion of an existing single family dwelling to a duplex and to recognize the existing front and side yard deficiencies for the existing building on the lands. In this regard, the Committee considered Business and Planning Services Staff Report PD 98/106 dated August 27, 1998 and a proposed by-law dated August 13, 1998 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Ms. C. Ladd advised that Mr. G. Richardson had worked on the application and that staff had nothing further to add in regard to the report. No delegations were registered respecting this matter. On motion by Councillor J. Ziegler- It was resolved: "1) That City Council interpret the lands subject to this zone change application as being designated Low Rise Conservation "A" in the Central Frederick Neighbourhood Secondary Plan, as included in the City's Municipal Plan. That Zone Change Application ZC 98/6/S/GR (Donald Poirier), requesting a change in zoning from Convenience Commercial Zone (C-1) to Residential Five Zone (R-5) with special regulation provision 293R according to By-law 85-1 on lands legally described as Part of Lot 15, Registered Plan 414 be approved, in the form shown in the "Proposed By-law" attached, dated August 13, 1998, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan." BPS 98/125 1730 OTTAWA STREET SOUTH DEMOLITION CONTROL APPLICATION DC98110101RM ACTIVA HOLDINGS INC. - SOUTH WARD The Committee was advised that the Department of Business and Planning Services was in receipt of a demolition control application submitted by Activa Holdings Inc., with regard to lands known municipally as 1730 Ottawa Street South. In this regard, the Committee considered Staff Report BPS 98/125 dated September 25, 1998 in which it was noted that the applicant proposes BPS 98/125 1730 OTTAWA STREET SOUTH DEMOLITION CONTROL APPLICATION DC98110101RM - ACTIVA HOLDINGS INC. - SOUTH WARD (CONT'D) to demolish a single detached dwelling to allow for the construction of a future Storm Water Management Facility for a proposed Plan of Subdivision. Ms. C. Ladd advised that the staff report was just circulated to the Committee this date and that staff had nothing further to add with respect to the report. No delegations were registered regarding this matter. On motion by Councillor T. Galloway - It was resolved: "That Demolition Control Application DC98/10/O/RM (Activa Holdings Inc.) requesting approval for the demolition of a single detached dwelling located at 1730 Ottawa Street South legally described as Part of Lot 46, German Company Tract, more particularly described as Parts 1 to 3, Reference Plan 58R-7892 be approved. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 28, 1998 - 170 - CITY OF KITCHENER It is the opinion of this Committee that approval of this application is proper planning for the City." BPS 98/111- CITY OF KITHENER'S COMMENTS ON REGION OF WATERLOO "ECONOMIC DEVELOPMENT CORPORATION CONCEPT REPORT" The Committee was in receipt of the Department of Business and Planning Services Staff Report BPS 98/111 dated September 24, 1998. The report deals with Kitchener's response to a proposed Regional Economic Development Corporation for the Region of Waterloo and the City of Guelph. Background with respect to the proposal was cited in the staff report as well as comments of the Department of Business and Planning Services. Ms. J. Jantzi asked that the Committee support the recommendations outlined in the report and highlighted several of the conditions that staff feel strongly about. A discussion took place including reference as to whether or not the four Townships should some how be represented. Ms. J. Jantzi commented that the focus was on the involved Cities and the Region which would represent the interests of the Townships. Mayor C. Zehr commented that when the process began it was necessary to address several fundamental issues. Firstly, the intent was to depoliticize the economic development process and have it driven by the private sector. Secondly, on the matter of representation and related funding support the model being proposed satisfies all parties and it is agreed that private sector representation needs to be appointed by the private sector. Thirdly, the funding issue had to be sorted through and Mayor C. Zehr stated that he fully supports the recommendation being proposed as the principle fundamentals of the initiative were being maintained. Councillor T. Galloway stated that he was very supportive with some reservations of the economic development model being recommended. It was his view that the best model would have been for the Region of Waterloo to assume the costs for all municipalities in the Region. He stated that he had a concern as to what guarantees there are that would avoid this economic development corporation having funding problems should any Council reconsider their support before the end of the three year commitment. In reference to recommendation #10 he asked that the words "including the Regional Municipality of Waterloo" be deleted from the first sentence. Councillor J. Haalboom expressed concern with the proposal and its cost and questioned where the funding that Kitchener was providing would come from. Ms. J. Jantzi advised that the cost represented a new item within the City's 1999 Budget. Councillor Haalboom was of the view that the initiative was creating another bureaucratic structure that would have very little funding left over after fixed administrative expenditures to address the needs for which it was being established. She indicated that she could support the proposal if the City considered reducing BPS 98/111- CITY OF KITHENER'S COMMENTS ON REGION OF WATERLOO "ECONOMIC DEVELOPMENT CORPORATION CONCEPT REPORT" (CONT'D) the size of its Economic Development Division to off-set Kitchener's share of the cost of supporting the Regional Economic Development Corporation. Councillor Haalboom asked that when the recommendation was considered that a recorded vote be taken on conditions 3 & 5 of the recommendation. In response to Councillor J. Haalboom, Councillor J. Ziegler stated that all municipalities would provide a two year commitment and that in his view the proposal was worth trying in order to better promote the Region. Mayor C. Zehr commented that it was a myth that this proposal was another government bureaucratic layer since there will be private sector funding support from business and it was his expectation there was every likelihood of success as a result of private sector support and in this regard referred to the success that Communitech had achieved in a short time. In response to Councillor K. Taylor-Harrison, Mayor Zehr advised that at this time there was no private sector commitment. Councillor Haalboom indicated that she would like to see some reference in the recommendation to the matter of private sector funding. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 28, 1998 - 171 - CITY OF KITCHENER The recommendation was then considered and it was agreed to revise condition 10 of the recommendation to delete reference to the words "including the Regional Municipality of Waterloo". The recommendation as revised was then considered. On motion by Councillor G. Lorentz - It was resolved: "That the City of Kitchener support the concept of a Regional Economic Development Corporation on the basis, as proposed, of it being an Incorporated Service Board, subject to the following: That "Canada's Technology Triangle" be maintained within the name for the new corporation with a subtitle clarifying its geographic location. That definitive criteria be established for bench-marking the effectiveness of the Corporation and that its progress be monitored on a regular basis. That the funding model be changed such that the Corporation is funded equally by all of the municipal partners. Specifically, that each of the five funding municipalities being Kitchener, Waterloo, Cambridge, Guelph and the Region of Waterloo agree to a two year funding commitment for the new Corporation in the amount of $80,000 in 1999 and $120,000 in the Year 2000. Further, that this Council recommend to the new Council to fund an amount of no less than $120,000 in the Year 2001 and that extension of funding beyond 2001 be reviewed based on the effectiveness of the Corporation as evaluated against the bench-marking criteria noted in #2 above. That every effort be made to set out clear rationalization of all data bases between CTT, all area municipalities and the Region towards the goal of eliminating duplication in collection and ensuring consistency and reliability of all relevant data. That the Corporation recognize that, as much as resources and budgets permit, local municipalities will continue to carry out complementary economic development initiatives including, amongst others, business retention, business facilitation, downtown revitalization, industrial land strategies and local business attraction. Further, it be recognized that each of the municipalities be involved with all work plan strategies of the Corporation. That the Corporation maintain close ties to local economic development offices, Chambers of Commerce, educational institutions and affiliates such as CTTAN, Communitech, the regional Business Enterprise Centre, and OCETA/CITE. That, prior to year end and annual budget approvals, the Corporation Board BPS 98/111- CITY OF KITHENER'S COMMENTS ON REGION OF WATERLOO "ECONOMIC DEVELOPMENT CORPORATION CONCEPT REPORT" (CONT'D) 10. consult with each municipality towards the goal of maximizing resources directly to be spent on external marketing and external business attraction initiatives. That the funding model be reviewed from the perspective of encouraging more private contributions to the corporation. That the composition of the Board funding municipalities are equally municipal Mayors and the Regional of Directors be increased so that all five of the represented on the Board with all four local Chair. That the Corporation, with a Board of Directors and Executive Director, operate as a private-sector, non-profit company, operating at arm's length from any municipal government structure. Further, that the Chair of the Board be selected only from the Private Sector representatives and that the majority of the Board of Directors PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 28, 1998 - 172 - CITY OF KITCHENER continue to be from the Private Sector. That Kitchener support the proposed three business units: External Marketing; Information Research; and Special Projects/Partnerships which should include the Cebu Economic Project currently being spearheaded by the City of Kitchener." A recorded vote was taken in regard to conditions 3 & 5 of the recommendation. Mayor C. Zehr and Councillors J. Ziegler, K. Taylor-Harrison, G. Lorentz, B. Vrbanovic, T. Galloway, C. Weylie and John Smola voted in favour and Councillor J. Haalboom voted in the negative. Councillors M. Yantzi and Jake Smola were absent from the meeting. On motion it was agreed to refer this recommendation to the Special Council Meeting, to be held immediately following this meeting, to consider ratification. 7. UPDATE-PASSPORT TO SUCCESS Ms. J. Jantzi provided the Committee with a verbal update on the Passport to Success event which is being held October 14 & 15 under the sponsorship of the City of Kitchener, City of Waterloo and Oktoberfest Inc. In this regard she advised that 15 VIP's have registered and noted that others have been invited. She explained that VIP's are people that have shown an interest in relocating or expanding to this area or are those people that could be prospect generators. Ms. Jantzi provided brief details of the welcome reception and dinner to be held on October 14th, the educational breakfast to be held on October 15th and extended an invitation to all Councillors to attend. 8. BPS 98/108 - DOWNTOWN MONITORING REPORT, 1997-1998 The Committee was in receipt of Business and Planning Services Staff Report BPS 98/108 dated September 28, 1998 dealing with downtown monitoring for the year 1997-1998. Ms. S. Frenette advised that the data in the report represents a compilation of all the data available pertaining to the downtown and that Ms. C. Heal would be providing an overhead presentation in this regard. Councillor K. Taylor-Harrison commented on her view of how the health of the downtown has improved within the last few years. Ms. C. Heal presented an executive summary of the staff report and covered the following areas with additional commentary on each: purpose of the report, office vacancy, retail vacancy, business activity, parking revenue, vacant sites and buildings, number of building permits/construction value, number of buildings/residents, downtown financial incentives, total assessment value, hotel occupancy and a downtown economic performance comparative report. In summary the report indicates positive trends with regard to lowered rates of office vacancy 8. BPS 98/108 - DOWNTOWN MONITORING REPORT, 1997-1998 (CONT'D) and retail vacancy and new residential development taking place. Councillor J. Haalboom commented that the report was impressive and questioned what the Economic Development Division needs to work with property owners located between City Hall and Ontario Street to improve the budding facades. For example, she noted that the numerous signs erected by Reggies detract from the appearance of the downtown. Ms. S. Frenette commented that what would assist staff would be a new sign by-law for the downtown, adoption of urban design guidelines, implementation of a heritage district and a team inspection approach to enforcement issues. Mayor C. Zehr noted that the results outlined in the report illustrate that there is a firm footing to move forward on further improvement within the downtown thus setting the stage for future growth. On motion by Councillor K. Taylor-Harrison - It was resolved: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 28, 1998 - 173 - CITY OF KITCHENER "1) That Council receive Business and Planning Services Staff Report BPS 98/108 (1997-98 Downtown Monitoring Report) as evidence that the economic conditions of Downtown Kitchener have been progressing in a healthy pace since 1995; and further, That Council direct staff to distribute this report to the KDBA, Downtown businesses and the real estate/development community for their information." 9. VERBAL UPDATE OF REVIEW OF ACCESSORY BUILDINGS IN RESIDENTIAL AREAS Ms. C. Ladd advised that the review of accessory buildings in residential areas has been assigned as a project to Mr. Glen Richardson and that he has conducted a small survey of a number of municipalities. It was expected that a report would be available for consideration at the Committee's October 26th meeting and hopefully a recommended approach would be contained therein. 10. ADJOURNMENT On motion, the meeting adjourned at 5:57 p.m. L.W. Neil, AMCT Assistant City Clerk