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HomeMy WebLinkAboutPlng & Econ Dev - 1998-08-10PED\1998-08-10 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES The Planning and Economic Development Committee met this date commencing at 6:05 p.m. under Councillor C. Weylie, Chair, with the following members present: Mayor C. Zehr and Councillors M. Yantzi, K. Taylor-Harrison, John Smola, Jake Smola, B. Vrbanovic, J. Haalboom, J. Ziegler, T. Galloway and G. Lorentz. Officials present: Ms. C. Ladd, J. Given and L. MacDonald and Messrs. J. Gazzola, J. Shivas, B. Stanley, T. Boutilier, J. Witmer and L. W. Neil. Councillor C. Weylie, Chair advised that recommendations arising from the matters to be considered this date would be placed before City Council for ratification at its meeting to be held on Monday August 17, 1998. 1. PD 98/92 272 BREITHAUPT STREET DEMOLITION CONTROL APPLICATION DC98161BIRM ANNE MORIARTY- BRIDGEPORT-NORTH WARD The Committee was in receipt of Business and Planning Services Staff Report PD 98/92 dated June 23, 1998 dealing with a Demolition Control Application submitted by Anne Moriarty with respect to the property known municipally as 272 Breithaupt Street. It was noted in the report that the applicant proposes to demolish a single family dwelling in order to leave the front portion of the lot vacant. The house to be demolished is a 1 and % story brick structure with a one story rear addition. Also, a 1 story commercial garage located directly behind the house utilizes the back portion of the lot and is the most dominant feature of the property as the building covers approximately 2500 square feet of the lot. The property is not affected by the Rental Housing Act or the Ontario Heritage Act. The issues which staff examined in arriving at a recommendation for demolition were itemized in the Staff Report. Mr. B. Stanley briefly explained the purpose of the application and advised that staff had nothing further to add to the report under consideration. Mr. and Mrs. Moriarty were in attendance in support of the staff recommendation and offered to answer any question in respect to the application. In response to Councillor John Smola, Mr. B. Stanley advised that no site plan approval was required in respect to the demolition other than clean up of the site following the demolition. On Motion by Councillor John Smola - It was resolved: "That Demolition Control Application DC 98/6/B/RM (Anne Moriarty) requesting approval for the demolition of a single detached dwelling located at 272 Breithaupt Street legally described as Lot 184 and Part Lot 185, Registered Plan 376 b.~e approved. It is the opinion of this Committee that approval of this application is proper planning for the City." PD 98/77 CHARITY GAMING CLUBS - JOINT STAFF REPORT The Committee was in receipt of Business and Planning Services Staff Report PD 98/77 dated July 23, 1998 dealing with Charity Gaming Clubs. Report PD 98/77 represents a joint staff report of the Department of Business and Planning Services, Legal Department and the Department of Corporate Services and City Clerk. It was noted in the report that on June 26, 1998, the Province announced that the Government was cancelling its planned Charity Gaming initiative and intended to operate only four facilities in those communities which accepted the Charity Gaming Club proposal. It was stated in the report that in view of the Province's cancellation of the initiative, which makes the prospect of the introduction of gaming clubs in Kitchener remote, and after consultation with the Legal Department, it was being recommended that Interim Control By-law 97-143 be repealed. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 10, 1998 - 129 - CITY OF KITCHENER Mr. T. Boutilier appeared before the Committee to provide a brief explanation with respect to this issue. PD 98177 CHARITY GAMING CLUBS - JOINT STAFF REPORT (CONT'D) On Motion by Councillor B. Vrbanovic- It was resolved: "That Bylaw 97-143, being an Interim Control Bylaw pursuant to Section 38 of the Planning Act, be repealed; and further, That the Report of the Planning and Development Department "Permanent Charity Gaming Clubs", dated May 1, 1998 be received; and further, That no further action be taken at this time regarding the question of locating Charity Gaming Clubs within the jurisdiction of the City of Kitchener." PD 98/101 FISCHER-HALLMAN ROAD- LAURENTIAN WEST MODIFICATION TO DRAFT PLAN OF SUBDIVISION APPLICATION 30T-95015 (ACTIVA DEVELOPMENTS LTD.) SOUTH WARD The Committee was in receipt of Business and Planning Services Staff Report PD 98/101 dated July 29, 1998. The report deals with a request submitted by Mr. P. Britton on behalf of Activa Development Corporation relative to the construction of Fischer-Hallman Road Extension and a modification to draft Plan of Subdivision 30T-95015 that would accommodate the request. It was noted in the report that Fischer-Hallman Road is proposed to be extended from its present terminus at Activa Avenue through to Westmount Road together with the re-alignment of Westmount Road at its intersection with Fischer-Hallman Road. The Fischer-Hallman Road Extension is scheduled for construction in 1999, however there is some uncertainty surrounding the final scheduling of the road improvements and in order to secure timing of construction in 1999, Activa Development Corporation has submitted an offer to ensure financial resources for the required road improvements are secure. In this regard, part of Activa's proposal is a request that City Council revise Condition 53 of the Plan of Subdivision to permit the registration of stages 2 through 13 upon the Region securing financial resources equal to 10% non-growth related cost component of the necessary road improvements. Ms. C. Ladd provided an explanation of the request and also distributed a re-printed copy of Staff Report PD 98/101 as some text had been inadvertently omitted from the original staff report distributed with the agenda. Mr. P. Britton, McNaughton Hermsen Britton Clarkson Planning Limited, appeared as a delegation on behalf of Activa Development Corporation to advise of his support for the recommendation in the staff report. No other delegations were registered respecting this matter. Councillor T. Galloway expressed appreciation to staff for completing their report on short notice and advised that he had brought this matter to the attention of the Region and hoped to expedite the request at the Regional level with the support of Kitchener Regional Councillors. On motion by Councillor J. Ziegler- It was resolved: "That, subject to Regional Council giving pre-budget approval to the construction of the Fischer-Hallman Road extension in 1999, the Department of Business and Planning Services be directed to process a modification to Draft Plan of Subdivision 30T-95015 (Laurentian Forest - Stage 3), through Assistant General Manager's approval, to revise existing Condition 53 of the City's Draft Approval to permit the registration of Stages 2 through 13 inclusive, upon the Regional Municipality of Waterloo being in receipt of funds in an amount equal to the non-growth related component of the Fischer-Hallman Road Extension/Westmount Road Re-alignment." PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 10, 1998 - 130 - CITY OF KITCHENER PD 98/103 REGULATIONS CONCERNING ACCESSORY STRUCTURES IN RESIDENTIAL AREAS The Committee was in receipt of Business and Planning Services Staff Report PD 98/103 dated August 5, 1998. The report deals with an accessory structure that was built in the rear yard of 10 Homestead Place and existing regulations concerning accessory buildings in residential areas. It was noted in the report that a building permit was obtained to construct the detached accessory structure and zoning regulations were itemized in that regard. Further, it was noted in the report that zoning regulations for accessory buildings in residential areas were first developed in 1994 and the approach in developing these regulations was explained. Ms. C. Ladd advised that she had nothing further to add to the report under consideration. Councillor G. Lorentz advised that the biggest concern of residents respecting the accessory structure erected at 10 Homestead Place was the lack of common sense that allowed such a structure to be built in a residential area that essentially was an eyesore. He suggested that the City must put some guidelines in place to avoid a repetition in future. Councillor Lorentz indicated that he would like to see a staff report come back to the Committee that dealt with some of the suggestions mentioned in the report in terms of exploring alternatives or looking at not permitting such structures in residential areas and presenting options relative to this matter. In response to Councillor Jake Smola, Mr. B. Stanley advised that the Urban Design Guidelines do not provide for such fine tuning in respect to accessory structures. Councillor T. Galloway commented that use of the lot coverage ratio was appropriate but there was a need to look at both the percentage coverage as well as maximum square footage. Councillor J. Haalboom stated that she was disappointed that the Urban Design Guidelines did not address issues involving building aesthetics. Councillor J. Ziegler stated that private property rights were affected by many many regulations already and that even though he personally disliked the structure in question, we should allow for differences in taste and quality. Councillor M. Yantzi questioned if opportunities had been explored to lessen the impact of the structure at 10 Homestead Place through landscape plantings. On motion by Councillor G. Lorentz - It was resolved: " That Business and Planning Services Staff Report PD 98/103 (report on accessory structure at 10 Homestead Place and regulations concerning accessory buildings in residential areas), be received; and further, That staff be directed to review existing regulations in the Zoning By-law, explore alternatives that would not permit such structures in residential subdivisions and present options in this regard to the Planning and Economic Development Committee." PD 98~94 3355 KING STREET MUNICIPAL PLAN MENDMENT APPLICATION MP97/16/K/JG ZONE CHANGE APPLICATION ZC97/42/K/JG MCLEAN-PEISTER LIMITED - CHICOPEE WARD The following statement was read by Councillor C. Weylie, Committee Chair: "This is a Public Meeting under 'The Planning Act, 1996' to consider Municipal Plan Amendment Application MP 97/16/K/JG (McLean-Peister Limited). 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 10, 1998 - 131 - CITY OF KITCHENER 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 PD 98~94 3355 KING STREET MUNICIPAL PLAN MENDMENT APPLICATION MP97/16/K/JG ZONE CHANGE APPLICATION ZC97/42/K/JG MCLEAN-PEISTER LIMITED - CHICOPEE WARD (CONT'D) 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 August 17, 1998. 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." The Committee was advised that the Department of Business and Planning Services was in receipt of an application for a Municipal Plan Amendment and Zone Change from McLean-Peister Limited with respect to an approximate 1.4 hectare irregularly shaped parcel of land fronting on to King Street East, immediately adjacent to the future extension of River Road to Highway No. 8. In this regard, the Committee considered Business and Planning Services Staff Report PD 98/94 dated July 6, 1998 and a proposed by-law dated July 3, 1998 attached to the report. Also attached to the staff report was the Municipal Plan Amendment Report (McLean-Peister Limited - 3355 King Street East) respecting this property. It was noted in the staff report that the subject lands are proposed to be re-designated from High Rise Residential to Medium Rise Residential and re-zoned from Residential Nine Zone (R-9) to Residential Eight Zone (R-8). As well, a small portion of land currently owned by the City of Kitchener adjacent to the property would also be subject to the proposed changes. The purpose of these applications is to permit the development of a combination of apartments and townhouses. Further, a special regulation has been requested in the application and included in the proposed by-law to further lower the minimum floor space ratio to 0.4, to provide additional flexibility for the ultimate housing form. Ms. C. Ladd briefly explained the purpose of the joint applications and advised that staff had nothing further to add with respect to the report. In response to Councillor B. Vrbanovic, Ms. J. Given advised that concerning the question of extension of Stonegate Drive, no final designs show that it would cross River Road. In reference to concern about the parking situation, she advised that she did not have an answer to the concern referenced in the report but did note that the owner was potentially interested in purchasing additional lands. In response to Councillor J. Haalboom, Ms. Given advised that the reduction in the minimum floor space ratio from 0.6 to 0.4 permits a lower massing of the development and better facilitates the combination of apartments and townhouses on the site. Mayor C. Zehr questioned the extent of the circulation area for these applications and determined that he did not have a pecuniary interest respecting property he owns. Mr. Geoff Vanderbaaren, Mark Dorfman Planner Inc., appeared as a delegation on behalf of the applicant to advise of support for the recommendations in the staff report. No other delegations were registered respecting this matter. On motion by Councillor B. Vrbanovic- It was resolved: That City Council approve the attached Municipal Plan Amendment Application MP97/16/K/JG (McLean-Peister Limited - 3355 King Street East) being an amendment to the Municipal Plan to amend Map 5, Land Use Plan, to re-designate PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 10, 1998 - 132 - CITY OF KITCHENER 5. PD 98~94 lands from High Rise Residential to Medium Rise Residential, as shown Schedule "A" attached to the report. 3355 KING STREET MUNICIPAL PLAN MENDMENT APPLICATION MP97/16/K/JG ZONE CHANGE APPLICATION ZC97/42/K/JG MCLEAN-PEISTER LIMITED - CHICOPEE WARD on (CONT'D) It is the opinion of this Committee that approval of this Amendment to the Municipal Plan is proper planning for the City. That Zone Change Application ZC 97/42/K/JG (McLean Peister Limited) requesting a change in zoning from Residential Nine Zone (R-9) with special regulation provision 169 to Residential Eight Zone (R-8) with special regulation provisions 169 and 289, on lands legally described as Lots 8, 9 and 10, Municipal Compiled Plan and Lots 45 and 46, Municipal Compiled Plan 986, be approved in the form shown in the "Proposed By-law" attached, dated July 3, 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 recommended Amendment (McLean-Peister Limited - 3355 King Street East) to the City's Municipal Plan. Councillor C. Wylie advised that this matter would be considered at City Council at its meeting to be held on Monday August 17, 1998. PD 98~95 EVENSTONE AVENUE ZONE CHANGE APPLICATION ZC921371EIJW SUBDIVISION APPLICATION 30T-92009 CARMEL CHURCH / CHALON ESTATES - DOON-PIONEER WARD The Committee was advised that the Department of Business and Planning Services was in receipt of applications for zone change and subdivision from the Carmel Church of the New Jerusalem/Chalon Estates Inc. with respect to a 5.66 hectare parcel of land north of Evenstone Avenue, east of Chapel Hill Drive and Caryndale Drive and south of Robertson Crescent and Sutherland Walk. The applicant proposes to re-zone the lands to facilitate the development of a residential subdivision consisting of 17 lots for single detached dwellings on a cul-de-sac. The lots would have a typical width of 20 to 25 metres and a minimum width of 15 metres. The subdivision plan includes an institutional block to be consolidated with the adjacent church/school property and an open space block comprising a stormwater management facility and a natural wetland extending from ESPA #30 (Strasburg Floodplain Forest). In this regard, the Committee considered Business and Planning Services Staff Report PD 98/95 dated July 24, 1998 and a proposed by-law dated July 20, 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 provided an explanation of the applications under consideration and requested consideration of an additional condition to the Plan of Subdivision numbered as Condition 70 dealing with the potential failure of the existing septic system on Lot 4 of Registered Plan 1284. Councillor J. Ziegler disclosed a pecunary interest and abstained from all discussion as his parents live within the circulation area of these applications. In response to Councillor T. Galloway, Ms. C. Ladd advised that subdivision condition #58 was consistent with a condition in the Hearthwood subdivision plan. Mr. Geoff Vanderbaaren, Mark L. Dorfman Planner Inc., appeared as a delegation representing the Carmel Church/Chalon Estates to advise of his client's support for the recommendations in the staff report. Mr. Frank Aiken appeared as a delegation in support of the comments contained in his letter dated PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 10, 1998 - 133 - CITY OF KITCHENER August 9, 1998 distributed to the Committee this date. He advised that his property on Robertson Crescent was adjacent to the proposed subdivision and his concern was the exemption Council granted in 1997 that allowed for a cul-de-sac 430 metres in length rather than PD 98~95 EVENSTONE AVENUE ZONE CHANGE APPLICATION ZC921371EIJW SUBDIVISION APPLICATION 30T-92009 CARMEL CHURCH / CHALON ESTATES-DOON-PIONEER WARD (CONT'D) the maximum 150 metres. He stated that he was disappointed that Council would change its policy in this regard and questioned why a provision was not made for a pedestrian walkway as part of the overall subdivision planning as it relates to the proposed subdivision as it could be expected future residents of the cul-de-sac would attempt to trespass over surrounding properties to reach neighbouring streets. Ms. C. Ladd confirmed that City Council dealt with the issue of emergency access and the length of the cul-de-sac after being approached by the applicants. She stated that she could not answer why a walkway southerly from Robertson Crescent was not included in that subdivision plan. Mr. B. Stanley advised that City Council evaluated a series of alternatives regarding the approach to development of the proposed subdivision and had found that the cul-de-sac was the best solution among other alternatives considered far too costly for the development of the subdivision. Ms. C. Ladd advised that the decision made in regard to the exemption granted with respect to the cul-de-sac length, had taken place at a regular meeting as the matter being considered was not a public hearing matter requiring circulation. Mr. Paul Britton, McNaughton Hermsen Britton Clarkson Limited, appeared as a delegation on behalf of Hallman Aberdeen owners of lands to the east to advise that his clients had no concerns with respect to the applications being considered this date. He referred the Committee to page 6 of the staff report and for the record confirmed that the necessary easement will be secured. Councillor Jake Smola enquired if the grades of the subject property would require the construction of retaining walls and Mr. Geoff Vanderbaaren responded that the only likelihood of retaining walls being created would be those that might be constructed by the new home owners. Councillor Jake Smola questioned if a permit would be required for retaining walls and what the process would be to ensure new owners are protected. Mr. J. Witmer advised that retaining walls if required in connection with building foundations would be identified at the building permit stage. Mr. Dennis Willms appeared as a delegation and advised that his property on Sutherland Walk backs on to the proposed development. He noted that the rear of his property was impacted by run-off and spring flooding and questioned to what extent the new subdivision would affect drainage on his lot and on his neighbours. Ms. C. Ladd advised that the subdivision agreement contains specific conditions for stormwater management and pointed out that page 7 of the staff report contains discussion in respect to drainage issues. Mr. Willms noted that lots 10 and 11 of the proposed subdivision could directly affect him and it was agreed that he would discuss the issue with Mr. G. Vanderbaaren. Councillor C. Wylie requested that staff review the drainage issue prior to the August 17th Council meeting. Mr. Rob Hawes, a resident of Robertson Crescent, appeared as a delegation and advised that he had similar concerns to those already expressed by the previous delegations. He advised that the rear of his property was also wet and that he had concerns about the impact of the development on undergound water flow. He also expressd concern that residents of the cul-de-sac would be inclined to cut through private property to access neighbouring streets due to the lack of a pedestrian walkway. He also stated that he had traffic concerns respecting access on to Caryndale Drive in the immediate vicinity of the proposed subdivision. Ms. C. Ladd advised that very steep grades within the subject lands were not conducive to development of a pedestrian walkway since stairs would be required. Mr. G. Vanderbaaren responded to concerns expressed regarding drainage issues and pointed out that Block 18 was designated for stormwater management and he confirmed that almost all the drainage from the subdivision would drain to Block 18 and then be discharged. Further he PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 10, 1998 - 134 - CITY OF KITCHENER 6. PD 98~95 EVENSTONE AVENUE ZONE CHANGE APPLICATION ZC921371EIJW SUBDIVISION APPLICATION 30T-92009 CARMEL CHURCH / CHALON ESTATES-DOON-PIONEER WARD (CONT'D) pointed out there was a wooded plantation along the boundary line of the development with the rear yards of Robertson Crescent and Sutherland Walk that was in fact a natural drainage course. No other delegations were registered respecting this matter. The recommendation in the staff report was then considered and it was agreed to include the additional Condition #70 requested by Ms. C. Ladd. On motion by Councillor J. Haalboom - It was resolved: That Zone Change Application ZC 92/37/E/JW (Carmel Church/Chalon Estates) requesting a change in zoning from Township Residential Zone (Twp. R) according to By-law 878A, to Residential Three Zone (R-3) with special use provision 260U, Neighbourhood Institutional Zone (I-1) with special regulation 93R, and Hazard Land Zone (P-3), according to By-law 85-1, on Part of Block 'A', Registered Plan 1123 and Part of Lots 5 and 8, Biehn's Tract, be approved in the form shown in the attached Proposed By-law dated July 20, 1998, subject to the conditions contained in recommendation (C) 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, in accordance with Council's resolution of July 7, 1997, the request of Chalon Estates/Carmel Church for an exemption from Policy 1-652 be granted to allow a single-access street having a length of 430m without an emergency access within Plan 3~T-92~~9. C. That Subdivision Application 30T-92009 (Carmel Church/Chalon Estates) 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: That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated June 18, 1998, providing that minor changes to said plan, acceptable to the General Manager of Building and Planning Services and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. To prepare a Grading Control Plan to the satisfaction of the City's General Manager of Public Works in consultation with the City's General Manager of Parks and Recrea- tion, the Regional Municipality of Waterloo, and the Grand River Conservation Authority, prior to any grading or construction on site and prior to registration of the Plan. That the lot grading plans required by Clause 37(c) shall include dry wells for storm water infiltration on Lots 1 to 6 inclusive and 12 to 17 inclusive. 54. requirements: That Lots 1, 8 and 9 shall be subject to the following 6. PD 98~95 EVENSTONE AVENUE PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 10, 1998 - 135 - CITY OF KITCHENER ZONE CHANGE APPLICATION ZC921371EIJW SUBDIVISION APPLICATION 30T-92009 CARMEL CHURCH / CHALON ESTATES-DOON-PIONEER WARD (CONT'D) (i) Prior to the issuance of any building permits, grading plans, showing french drains for the purpose of intercepting groundwater discharge, shall be submitted to the satisfaction of the City's Chief Building Official; (ii) Prior to the transfer of title to the first time occupants of each lot the subdivider shall ensure that such drains shall be installed in accordance with the said plans; (iii) The lot owners shall be responsible for the ongoing maintenance of such drains, to the satisfaction of the City's Chief Building Official. 55. To prepare a detailed engineering design for storm water management in accordance with the Strasburg Creek Master Watershed Plan (as amended), to the satisfaction 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, prior to any grading or construction on the site and prior to registration of the 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 said final design. 56. That the subdivision sign required by clause 41 include information regarding the walk distance to the nearest transit route. 57. To construct Evenstone Court across a 16.0 metre wide portion of Block B, Registered Plan 1284, as part of the servicing of this Plan of Subdivision. After the said road is constructed to the satisfaction of the City's General Manager of Public Works, assumed by the City and is open to traffic, the City shall open the road by by-law. The required reference plan shall be prepared at the Subdivider's cost. 58. As a result of the City's interest in maintaining adequate undisrupted water circulation through the City's watermains to service this subdivision, no building permits will be issued until the watermain has been extended from its present terminus along the extension of Strasburg Road within the Hallman- Aberdeen lands under Subdivision Application 30T-88007 to Biehn Drive, and the watermain is fully operational to the satisfaction to the General Manager of Public Works, or an alternate arrangement is approved in writing by the City's General Manager of Public Works. 59. That Block 19 shall be conveyed to the property owners of Block B, Registered Plan 1123, for the purpose of a lot consolidation, immediately subsequent to the registration of the plan of subdivision, and that Block 19 shall only be used as a lot consolidation with Block B, Registered Plan 1123. The Subdivider shall provide a signed 'Offer of Acceptance' from the owners of said Block B prior to registration of the plan. 60. That measures to maintain slope stability on Block 19 shall be implemented to the satisfaction of the Chief Building Official, prior to the issuance of building permits on Lots 1,2, 3 or 6. 61. 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 0.283 hectares of land, with said value and contribution being PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 10, 1998 - 136 - CITY OF KITCHENER 6. PD 98~95 determined as of the day before the day of draft approval and paid immediately prior to the registration of the subdivision. EVENSTONE AVENUE ZONE CHANGE APPLICATION ZC921371EIJW SUBDIVISION APPLICATION 30T-92009 CARMEL CHURCH / CHALON ESTATES-DOON-PIONEER WARD (CONT'D) 62. 63. 64. To install to the satisfaction of the City's General Manager of Parks and Recreation a boundary identification system along the rear lot lines of Lots 15 to 18 inclusive, which abut Environmentally Sensitive Policy Area #30 (Strasburg Floodplain Forest), 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. To convey to the City of Kitchener Block 18 for hazard management purposes, at no cost and free of encumbrance, registration of the subdivision plan. land/storm water concurrently with That in consideration of the wooded character of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, the Subdivider agrees to comply with the following process in the development of the subdivision in accordance with the City's approved Tree Management Policy: a) prior to the City releasing the Subdivision Plan for registration, the Subdivider shall submit the detailed vegetation plan for the approval of the City's General Manager of Building and Planning Services. 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. 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 General Manager of Building and Planning Services and shall be PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 10, 1998 - 137 - CITY OF KITCHENER 6. PD 98~95 satisfactorily implemented prior EVENSTONE AVENUE ZONE CHANGE APPLICATION ZC921371EIJW SUBDIVISION APPLICATION 30T-92009 CARMEL CHURCH / CHALON ESTATES-DOON-PIONEER WARD (CONT'D) to occupancy of the units or, due to weather conditions, by the next planting season. 65. That prior to or concurrently with registration of the plan of subdivision a conservation easement shall be registered, in favour of the City of Kitchener, over the projection of Environmentally Sensitive Policy Area #30 (Strasburg Floodplain Forest) within the rear of lots 10 to 17 inclusive. 66. That no building permits shall be applied for until satisfactory arrangements are made with the City's Chief Building Official regarding the installation 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 City's Chief Building Official that such system is operational. The property owner's participation in the direct-to-fire residential alarm monitoring programme is voluntary, but is strongly encouraged by the Kitchener Fire Department owing to the length of the cul-de-sac and the lack of alternate emergency access. 67. 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. 68. That the street name within the Plan shall be Evenstone Court as shown on the Plan of Subdivision. 69. That construction traffic to and from the proposed subdivision shall be prohibited from using Stauffer Drive and Black Walnut Drive, and shall be restricted to accessing the subdivision from Evenstone Avenue via Caryndale Drive, Biehn Drive, Huron Road, and Trillium Drive. 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. 70. That in the event the septic system on Lot 4, Registered Plan 1284, fails to function properly as a result of construction of Evenstone Court, the Subdivider shall provide a connection from the existing dwelling on said Lot 4 to the sanitary sewer main on Evenstone Court, to the satisfaction of the City's General Manager of Public Works, and at the Subdivider's cost. It is the opinion of this Committee that approval of this Subdivision Application is proper planning for the City. That the implementing Zoning By-law for Zone Change Application 92/37/E/JW (Carmel Church/Chalon Estates) not be presented to City Council until Subdivision Application 30T-92009 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. Councillor J. Ziegler previously disclosed a pecunary interest and abstained from all discussion and voting as his parents live within the circulation area of the applications. Councillor C. Weylie advised that this matter would be considered at City Council at its meeting to be held on Monday August 17, 1998. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 10, 1998 - 138 - CITY OF KITCHENER 7. PD 98/96 ZONE CHANGE APPLICATION ZC97/19/TC/JG RE: BY-LAW 85-1/MUNICIPAL PLAN CONFORMITY REVIEW - CITY WIDE The Committee was in receipt of Business and Planning Services Staff Report PD 98/96 dated July 22, 1998 dealing with a City initiated zone change application and a Proposed By-law dated July 3, 1998 attached to the report. It was noted in the report that the City's new Municipal Plan was approved on May 25, 1995 and that this City initiated re-zoning is intended to implement those Municipal Plan changes which necessitate changes to the Zoning By-law, including changes arising out of revised land use designations on certain sites throughout the City and changes to the permitted uses or regulations within certain designations. Further, it was pointed out that under the Planning Act, the City is required to pass a by-law to bring the zoning into conformity with the Official Plan. Ms. J. Given briefly explained the purpose of the application and explained that she wished to introduce two minor changes to the proposed by-law that would involve revisions to both Map No. 1 and Map No. 10 attached to the proposed by-law. Councillor T. Galloway referred to item No. 1 under site specific changes to the proposed by-law listed on page 2 of the staff report and questioned why it was necessary to re-zone the balance of lands of the women's correctional facility to I - 3. He suggested a better approach would be to require the Federal Government to submit a zone change in future for the balance of the lands if a further development was proposed. He indicated he did not object to re-zoning the area currently occupied by the correctional facility. Mr. B. Stanley advised that the Federally owned lands were designated Institutional in the Municipal Plan and zoning should be brought into conformity. Councillor T. Galloway stated that he did not favour changing the zoning of the undeveloped portion of the lands so as to provide an opportunity to comment on any future proposal for the balance of the site. Mr. B. Stanley advised that it was his understanding that the large parcel of undeveloped lands located to the north of the Lear Siegler facility would be re-zoned back to manufacturing or industrial. Ms. J. Given advised that staff plan to bring a number of housekeeping changes respecting Municipal Plan designations to the Committee this fall and the balance of the Federally owned property would be included in the list of properties for consideration. Councillor T. Galloway favoured removal of the lands from the re-zoning at this time and instead consider the re-zoning at the time that housekeeping amendments to the Municipal Plan are processed. On motion by Councillor T. Galloway the Committee agreed to delete Site specific change No. 1 as listed on page 2 of the staff report from the proposed by-law. In reference to all of that has taken place over the years regarding the Women's Correctional facility Councillor J. Haalboom questioned why the zoning should not simply indicate the property as Federal Lands and exempt from the zoning by-law given the understanding that the Federal use supercedes the City's zoning by-law. Mr. B. Stanley commented that if such an approach was to be taken such lands could be referred to as Federal Service Land. Mr. Paul Britton, McNaughton Hermsen Britton Clarkson Limited, appeared as a delegation on behalf the owners of the property known as the Kitchener Silo Property situated on Bankside Drive and advised that he was in agreement with this item referenced as Item No. 2 of Site-specific changes to the proposed by-law described on page 2 of the report. He noted that the change just implements the zoning with respect to designation under the Official Plan. The recommendation in the staff report was then considered and it was agreed to revise the proposed by-law in accordance with the request for changes made by Ms. J. Given this date and a further change agreed to respecting the women's correctional facility resulting in deletion of Map No. 1 and all references to consideration of this property. On motion by Councillor T. Galloway - It was resolved: " That Zone Change Application ZC 97/19/TC/JG (Conformity By-law) affecting various lands throughout the City and various zones on a City-wide basis, b.~e approved in the form shown in the "Proposed By-law" attached, dated July 3, 1998, as revised on PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 10, 1998 - 139 - CITY OF KITCHENER 7. PD 98/96 ZONE CHANGE APPLICATION ZC971191TCIJG RE: BY-LAW 85-1/MUNICIPAL PLAN CONFORMITY REVIEW- - CITY WIDE (CONT'D) 1) August 10, 1998, without conditions, save and except for the following changes: Map No. 1 is deleted from the proposed by-law and all references related thereto. 2) Map No. 10 is replaced with that dated "Revised August 4, 1998" and Clause # 16b) is amended to reflect the mapping changes. It is the opinion of this Committee that approval of this application is proper planning for the City." On motion by Councillor T. Galloway - It was resolved: "That with respect to Business and Planning Services Staff Report PD 98/96 dated July 22, 1998 (Zone Change Application 97/19/TC/JG - City initiated Conformity By-law) and the list of site specific changes to the proposed by-law attached to the report, as outlined in explanatory form on pages 2 and 3 of the Staff Report, we delete item #1 as follows: '1. Lands at Manitou Drive and Homer Watson Boulevard are proposed to be re- zoned from General Industrial (M-2) to Major Institutional (I-3) to implement the Major Institutional District applying to the correctional facility' from the text of the proposed by-law; and further, That this matter be referred to a future Planning and Economic Development Committee meeting for further consideration in conjunction with re-designation of the Federally Owned Lands as part of a housekeeping amendment to the City's Municipal Plan." PD 98/90 245 STRASBURG ROAD (former Best Pipe Property) MUNICIPAL PLAN AMENDMENT APPLICATION MP 96161SICL ZONE CHANGE APPLICATION ZC961211SICL LOBLAWS PROPERTIES LIMITED - FAIRVIEW WARD - and - PD 98/102 PROPOSED APPLICATIONS FOR 621 FISCHER-HALLMAN ROAD and DEFERRAL OF 245 STRASBURG ROAD (former Best Pipe Property) FAIRVIEW AND SOUTH WARD The following Statement was read by Councillor C. Weylie, Committee Chair: "This is a Public Meeting under 'The Planning Act, 1996' to consider Municipal Plan Amendment Application MP96/6/S/CL (Loblaws Properties Limited). 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 August 17, 1998. If City Council adopts the amendments, they will proceed to the Regional Municipality of Waterloo who has the final approval PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 10, 1998 - 140 - CITY OF KITCHENER PD 98/90 PD 98/102 245 STRASBURG ROAD (former BEST PIPE PROPERTY) MPAA MP96161SICL & ZCA ZC961211SICL 621 FISCHER-HALLMAN ROAD/DEFERRAL OF 245 STRASBURG ROAD) (CONT'D) 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." The Committee was advised that the Department of Business and Planning Services was in receipt of applications for a Municipal Plan Amendment and Zone Change from Loblaws Properties Limited with respect to a 10 hectare ( 35 acre) property known as the former Best Pipe Site located at the interchange of Homer Watson Boulevard with the Conestoga Parkway and extending to the intersection of Ottawa Street South and Strasburg Road, known municipally as 245 Strasburg Road. In this regard the Committee received Planning and Development Staff Report PD 98/90 dated July 10, 1998 and a proposed by-law dated June 25, 1998 attached to the report. Also attached to the staff report was the Municipal Plan Amendment report ( former Best Pipe Site - 245 Strasburg Road) respecting this property. It was noted in the staff report that the purpose of the applications is to allow a portion of the former Best Pipe Property to be developed with a food store consisting of approximately 80,000 square feet. Also the remainder of the lands are proposed to be zoned C-6 allowing free standing office implementing both the Municipal Plan Service Commercial Land Use Designation and the Suburban Office Policies. The Committee was also in receipt of Business and Planning Services Staff Report PD 98/102 dated July 31, 1998. It was noted in this report that its purpose is "to advise City Council that applications for another food store have been formally submitted to the City and to offer some information to Council to assist them in their consideration of the requested deferral for the applications on 245 Strasburg Road (former Best Pipe Site)." It was also pointed out in report PD 98/102 that on July 17, 1998 applications for a Municipal Plan Amendment and Zone Change for 621 Fischer-Hallman Road, located at the north-west intersection of Ottawa Street South and Fischer-Hallman Road, were received from Voisin Developments Limited requesting approval for a food store to a maximum of 85,000 square feet and at the same time requesting that the Committee defer consideration of Municipal Plan Amendment Application 96161SICL and Zone Change Application 961211SICL submitted by Loblaws Properties Limited with respect to 245 Strasburg Road. Additional detail regarding the history of these applications was itemized in the report. Councillor C. Weylie, Chair, directed that since the question of deferral of the applications with respect to 245 Strasburg Road had been raised in the form of a request, that the Committee address this issue prior to proceeding with full discussion of the applications for Municipal Plan Amendment and Zone Change submitted by Loblaws Properties Limited respecting 245 Strasburg Road. Moved by Councillor T. Galloway - "That consideration of Muncipal Plan Amendment Application MP9616/S/CL (Former Best Pipe Site - 245 Strasburg Road) and Zone Change Application ZC961211SICL (Loblaws Properties Ltd) be deferred pending: the completion of the due processing of the proposed Municipal Plan Amendment and Zone Change Applications of Voisin Developments Limited for 621 Fischer-Hallman Road; and, the completion of a comprehensive review of the commercial hierarchy as it relates to Municipal Plan 'Commercial' Policy Provisions." In support of his deferral motion, Councillor T. Galloway commented that it was his view the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 10, 1998 - 141 - CITY OF KITCHENER PD 98/90 PD 98/102 245 STRASBURG ROAD (former BEST PIPE PROPERTY) MPAA MP96161SICL & ZCA ZC961211SICL 621 FISCHER-HALLMAN ROAD/DEFERRAL OF 245 STRASBURG ROAD) (CONT'D) merits of each party's applications should be reviewed prior to a decision being made. In reference to the matter of commercial hierarchy within the City, he commented that there would appear to a void in planning regulation as to where the kind of retailing being proposed should be classified. With the motion for deferral having been made, Councillor C. Weylie advised that she would first ask for staff comments with regard to Staff Report PD 98/102 and then would ask for delegations to make presentations only in respect to the deferral request. Following the conclusion of these presentations and Committee discussion of the deferral request, a decision would be made on the deferral motion put forward by Councillor T. Galloway. She indicated that if the deferral motion was lost, the full consideration of the Loblaws Properties Limited applications would proceed commencing with staff comments and Committee questions to staff followed by presentations by the delegations registered this date. Ms. C. Ladd briefly commented on the purpose of Staff Report PD 98/102 dealing with the deferral request. She also noted that Staff Report PD 98/90 contained reference to the review of the City's Commercial Hierarchy but pointed out that the undertaking was not complete. In summary she stated that it was staff's opinion that each of the applications of Loblaws Properties Limited and Voisin Developments Limited should stand on its own merit. Mr. Russell D. Cheesman, Barrister and Solicitor, Toronto, appeared as a delegation as solicitor for Agora Food Merchants, accompanied by Mr. Paul Stewart of Price Waterhouse. Mr. Cheesman stated that he was in support of the deferral motion on the basis of concern over proliferation of food stores and a preference that proper planning be done on a comprehensive basis. Messrs. John Doherty, Gowling Strathy Law Firm, Warren Sorrenson, Jeryl Jaque and Dr. Murray Frum were registered as a delegation representing the Frum Group. Mr. Doherty stated that he supported the deferral motion on the basis that new information has come forward with the submission of a second similar application by Voisin Developments Limited and concerns regarding site-specific issues and the commercial hierarchy. It was his view that guiding planning principles should be addressed before consideration of this type of application. Mr. W. Sorenson advised that he was a Planning Consultant and in his experience when some new activity emerges there was an obligation to review the planning framework. He pointed out that in this instance a dramatic change was being proposed and a policy should be put in place before approving of such change. Messrs. Paul Dietrich, John Winter, Ralph Thompson and George Voisin were registered as a delegation representing Voisin Developments Limited. Mr. Voisin advised that he had requested deferral of the Loblaws Properties Limited applications. He briefly outlined the history regarding the Voisin Development Lands at Fischer-Hallman Road and Ottawa Street South and the planning activity that has taken place in that regard. He stated that it was his view processing of the Loblaws Properties Limited applications would prejudice the future development of the Voisin Developments Limited site. Mr. Stephen Grant, Madorin Snyder Barristers appeared as a delegation representing D.G.F. Developments Limited and advised that he was in support of the deferral motion. He referred the Committee to pages 11 and 12 of Staff Report PD 98/90 and noted that the Loblaws applications were for much more than a food store and that it was appropriate that a comprehensive review should be undertaken. Mr. Tom Elek, Great Oak Capital Corporation, Toronto was registered to speak regarding the applications but indicated he would make no comment on the deferral motion. Messrs. Allan Patton, Greg Priamo, Rob Stassen, Scott Morgan, Grant Heimpel and Ms. Kia Thinius were registered as a delegation representing Zehrs Markets and Loblaws Properties Limited. Mr. Allan Patton, Patton and Associates London appeared as a delegation as solicitor PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 10, 1998 - 142 - CITY OF KITCHENER PD 98/90 PD 98/102 245 STRASBURG ROAD (former BEST PIPE PROPERTY) MPAA MP96161SICL & ZCA ZC961211SICL 621 FISCHER-HALLMAN ROAD/DEFERRAL OF 245 STRASBURG ROAD) (CONT'D) for Loblaws Properties Limited and Zehrs Markets and advised that his clients were opposed to the deferral motion. He stated that the Municipal Plan and Zone Change applications were fully completed and accepted, circulated and intensely studied within the planning process. He stated that opponents had dealt with marketing issues and that Voisin Developments Limited had not vigorously pursued a food store. He pointed out that Voisin Developments Limited now acknowledged that a market for such a large supermarket exists and that Zehrs does not oppose any application for Municipal Plan Amendment and Zone Change by Voisin with respect to similar development of their property. Mr. Patton stated that there was no reason to defer the Loblaws applications based on market issues or land use planning issues. Further he stated that staff have considered the issue of delaying the Loblaws applications and have concluded that there was no reason to support a deferral based on either land use reasons or marketing reasons. Mr. Patton commented that Zehrs have been extremely co-operative with respect to the processing of their applications and stated that at this point Council is now obligated to act on the applications. Further he indicated that Zehrs must move forward through the statutory process provided for in the Planning Act should there be a deferral of its applications. In response to Councillor T. Galloway, Mr. Patton advised that the applications would be appealed to the Ontario Municipal Board if they were deferred by Council. No other delegations were registered respecting this matter. In response to Councillor J. Ziegler, Ms. C. Ladd advised that the review of the Commercial Hierarchy that is underway would not be heavy on detail. Councillor G. Lorentz commented that he did not think it was appropriate to place such a development near to an existing food store and plaza and it was his view that Council in its planning role must consider the overall community. Councillor T. Galloway commented that the planning for the surrounding built up community was done approximately 25 to 30 years ago and the current application could upset the equilibrium that was developed. Councillor J. Haalboom stated that it was her view the proposed development was just a big box store containing a plaza within it and it was her opinion that the remainder of the site would develop with more big box operations that would impact a large area of the municipality. She suggested this impact would be a repeat of what was experienced in the downtown resulting in empty stores and increased vandalism. Further she stated that she did not consider big box stores as pedestrian friendly and expressed serious concern that the Committee had no idea of what would develop on the balance of the former Best Pipe Site. She recommended that the City get its policies in place before considering where it would allow such large scale development to take place. Councillor B. Vrbanovic stated that he supported the deferral motion as the proposal would change the nature of retailing in the community. He suggested that taking time to do the proper planning would benefit all by having the City make the right decision on this issue. Councillor K. Taylor-Harrison questioned what the time frame was for completion of issues relating to the Voisin applications. Ms. C. Ladd advised that she would expect it would take approximately one year to process another site-specific application and that it would be more than a year to complete a comprehensive review of commercial policies because of the link to the Region's planning process. Councillor J. Ziegler suggested that staff should be directed to fast track both the Voisin application and the review of commercial policies. He stated that he supported the deferral motion for many of the reasons already stated by Councillors. Moved by Councillor J. Ziegler - "That Councillor T. Galloway's deferral motion be amended to provide that it is Council's wish these matters be completed in six (6) months time, failing which staff are requested to report back to Council as to what extension is required." Councillor M. Yantzi commented that all impacts of the Loblaws applications were not addressed PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 10, 1998 - 143 - CITY OF KITCHENER PD 98/90 PD 98/102 245 STRASBURG ROAD (former BEST PIPE PROPERTY) MPAA MP96161SICL & ZCA ZC961211SICL 621 FISCHER-HALLMAN ROAD/DEFERRAL OF 245 STRASBURG ROAD) (CONT'D) in the staff report. Mr. B. Stanley advised that it was not possible to complete the review of the Commercial Hierarchy in six months time. Councillor Jake Smola questioned how the process would be dealt with if a further applicant was to appear with a similar proposal. Ms. C. Ladd confirmed that there was another Municipal Plan Amendment application submitted by Max Becker underway which was an application to increase the size of an existing proposed site but she noted that a comment in the staff report was related to the possibility of an additional application being made for another site. Councillor T. Galloway agreed to accept the amendment proposed by Councillor J. Ziegler as a friendly amendment to his deferral motion. The deferral motion was then considered and put to a recorded vote at the request of Councillor Jake Smola. It was resolved: " That consideration of Muncipal Plan Amendment Application MP96/6/S/CL (Former Best Pipe Site - 245 Strasburg Road) and Zone Change Application ZC96/21/S/CL (Loblaws Properties Ltd) be deferred pending: the completion of the due processing of the proposed Municipal Plan Amendment and Zone Change Applications of Voisin Developments Limited for 621 Fischer-Hallman Road; and, 2) the completion of a comprehensive review of the commercial hierarchy as it relates to Municipal Plan 'Commercial' Policy Provisions. And further, it is Council's wish these matters be completed in six (6) months time, failing which, staff are requested to report back to Council as to what extension is required." Mayor C. Zehr and Councillors C. Weylie, M. Yantzi, J. Ziegler, K. Taylor-Harrison, G. Lorentz, B. Vrbanovic, T. Galloway and J. Haalboom voted in favour and Councillors Jake Smola and John Smola voted in the negative. Councillor C. Weylie, Chair, advised those in attendance that this matter would be considered by City Council at its meeting to be held on Monday August 17, 1998. ADJOURNMENT: On motion, the meeting adjourned at 8:20 p.m. L.W. Neil, AMCT Assistant City Clerk