HomeMy WebLinkAboutPlng & Econ Dev - 1999-04-12PED\1999-04-12
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 12, 1999 CITY OF KITCHENER
The Planning and Economic Development Committee met this date commencing at 3:55 p.m. under
Councillor C. Weylie, Chair, with the following members present: Mayor C. Zehr and Councillors Jake
Smola, M. Yantzi, J. Ziegler, K. Taylor -Harrison, T. Galloway, J. Haalboom and John Smola.
Councillors B. Vrbanovic and G. Lorentz entered the meeting shortly after its commencement.
Officials present: Ms. C. Ladd and J. Jantzi and Messrs. J. Gazzola, B. Stanley, J. Shivas, J. Willmer, G.
Richardson, D. Mansell, J. Witmer, L. Masseo, T. Clancy, P. Wetherup and L.W. Neil.
1. BPS 99/54 - ADDENDUM TO BPS 98/134
- LACKNER BOULEVARD AND KEEWATIN AVENUE
- SUBDIVISION APPLICATION 30T-98203
- HALLMAN-ROSEDALE LTD. - GRAND RIVER WARD
At the March 22nd meeting of the Planning and Economic Development Committee Staff Report
BPS 98/134 dealing with subdivision application 30T-98203 submitted by Hallman Rosedale Ltd.,
was deferred and referred to the meeting this date. In this regard the Committee was in receipt of
Staff Report BPS 99/54 dated April 1, 1999 prepared as an addendum to BPS 98/154. It was
noted in the report that the applicant has now revised the subdivision plan to reflect a total of 16
lots for single family dwellings instead of the previously proposed plan which had indicated a total
of 2 blocks of 15 lots for single family dwellings or 12 lots for semi-detached dwellings containing
24 units. A revised subdivision plan was attached to the staff report.
Mr. G. Richardson presented the revised recommendations contained in BPS 99/54 and also
requested the Committee consider the following additional revisions:
- Condition No. 59 should read Section 3.6 rather than 3.7
- Regional Condition No. 6 should read Lot 11 and Lots 13 to 16 instead of Lots 12 to 16
- Regional Condition No. 8 should read as just Lot 12 rather than Lots 12 to 16
- Regional Condition No. 10 should reference Condition 3.6 above rather than 3.7
He noted that Mr. Paul Dietrich was in attendance to speak to Regional Condition No. 10 dealing
with fencing.
Councillor B. Vrbanovic entered the meeting at this point.
Mr. Dietrich appeared as a delegation in support of the revised recommendations outlined in the
addendum staff report and the additional revisions requested by Mr. Richardson this date. He
indicated that he wished to address the matter of the Regional fencing Condition No. 10 which
requires a 1.82 metre high permanent maintenance free fence which would in fact be a chain link
fence at the rear of the properties backing onto Lackner Boulevard. He indicated that this matter
has been discussed with regional officials and that any alternative design must be approved by the
Region. In this regard he suggested that Condition No. 10 be divided into two parts with part a)
being that recommended in the staff report and part b) being wording that would allow the owner to
construct in effect a wooden fence that would be subject to regional approval. Mr. Dietrich
explained that the planting strip required in city Condition No. 59 would not be required if a privacy
fence was erected. He therefore proposed that Condition No. 59 be revised to allow that in the
event of Regional fence option Condition No. 10 a) being chosen, the owner be required to install
a planting strip along the rear of lots abutting Lackner Boulevard whereas the planting strip would
be deleted should a wood privacy fence be installed under regional Condition No. 10 b).
Clarification was also provided regarding the noise wall and it was indicated that the noise wall
would commence at the corner of Lot 12 and extend northerly to a mid point along Lot 12 at which
point the fencing condition would apply.
No other delegations were registered this date.
Councillor G. Lorentz entered the meeting at this point.
In response to Councillor Jake Smola, Mr. P. Dietrich advised that a landscape buffer at the rear of
the lots abutting Lackner Boulevard would be redundant given that an 8 foot privacy fence would
take its place. Further, he pointed out that if a chain link fence was proceeded with it was
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 12, 1999 -48- CITY OF KITCHENER
1. BPS 99/54 - ADDENDUM TO BPS 98/134
- LACKNER BOULEVARD AND KEEWATIN AVENUE
- SUBDIVISION APPLICATION 30T-98203
- HALLMAN-ROSEDALE LTD. - GRAND RIVER WARD (CONT'D)
likely that future property owners would erect privacy fences abutting the chain link fence and the
effect would be undesirable. Councillor Jake Smola expressed appreciation to Mr. Dietrich for the
manner in which he addressed concerns that arose at the March 22nd meeting but did express
concern with losing the mandatory landscaping buffer given the permanent benefit that
landscaping provides as a natural barrier. Mr. Dietrich pointed out that the cost of the wooden
privacy fence would equal that of the landscape buffer and chain link fence. He strongly preferred
the wooden privacy fence and suggested that homeowners would undertake plantings in any
event to add their own landscaping.
The recommendations in the staff report were then considered. On motion by Councillor J.
Ziegler, it was agreed that the appropriate conditions and wording be included in the
recommendations to allow an 8 foot wood privacy fence in lieu of a chain link fence and
landscaping buffer. The various revisions tabled and requested by staff with respect to the
recommendation under consideration this date were then considered and agreed to.
The staff recommendations, as revised, were then considered.
On motion by Councillor J. Ziegler -
It was resolved:
"A. That the Grand River North Community Plan be revised as follows:
a) That Map A, General Land Use, be revised to redesignate the lands as
shown on the attached map from Neighbourhood Institutional to Low Density
Residential.
It is the opinion of this Committee that approval of this revision to the Community
Plan is proper planning for the City.
B. That the City of Kitchener pursuant to Section 51(31) of the Planning Act R.S.O.
1990, c.p. 13, as amended, and Delegation By-law 97-061 of the Regional
Municipality of Waterloo grant draft approval to Plan of Subdivision 30T-98203 in
the City of Kitchener for Hallman -Rosedale Limited subject to the following
conditions:
1. That this approval applies to Plan of Subdivision 30T-98203 for Hallman -Rosedale
Limited as shown on the plan prepared by Wright -Dietrich Ltd. dated March 23,
1999 and as shown on the attached Plan of Subdivision prepared by the City of
Kitchener dated April 7, 1999, which shows the following:
Lots 1 —16 (maximum of 16 single detached dwellings)
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 written
therein:
51. That the final plans for registration shall be prepared in accordance with
the attached Plan of Subdivision dated April 7, 1999, provided that minor
amendments to said plan, acceptable to the Assistant General Manager
of Business and Planning Services, and not affecting the numbering of
any blocks, may be permitted without amendment to this agreement. Any
changes affecting the numbering of the blocks shall require an
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 12, 1999 -49- CITY OF KITCHENER
1. BPS 99/54 - ADDENDUM TO BPS 98/134
- LACKNER BOULEVARD AND KEEWATIN AVENUE
- SUBDIVISION APPLICATION 30T-98203
- HALLMAN-ROSEDALE LTD. - GRAND RIVER WARD (CONT'D)
amendment to this agreement to reflect such changes.
52. That prior to any grading or construction on site or registration of any
stage of the Plan, a Lot Grading Control Plan be approved by the City's
General Manager of Public Works in consultation with the Grand River
Conservation Authority.
53. Deleted.
54. That the owner prepare a Storm Water Management Report at their own
expense in accordance with the City's Urban Drainage Policy in order to
provide for modifications to Block 68, Plan 1829, to the satisfaction of the
General Manager of Public Works and the Grand River Conservation
Authority and in accordance with the Preliminary Storm Water Management
Brief (Cumming Cockburn Limited — January 29, 1999) prior to applying for or
being issued any building permits for the proposed development, and that the
approved scheme be implemented prior to the occupancy of the proposed
development.
55. That the name of the street within the Plan shall be that shown on the
Plan of Subdivision.
56. That construction traffic to and from the proposed subdivision shall be
restricted to using Keewatin Avenue to Lackner Boulevard. The
subdivider agrees to advise all relevant contractors, builders and other
persons of this requirement with the Subdivider being responsible for any
signage, where required, all to the satisfaction of the Director of
Transportation.
57. That a plan showing driveway locations for all lots shall be approved by
the City's Director of Planning in consultation with the General Manager
of Public Works prior to the installation of services within the Plan of
Subdivision.
58. That the driveways for all lots be developed from Dineen Court only.
59. That in the event of Regional fence option 10a) the owner provide a
planting strip having a minimum width of 4.5 metres for all lots abutting
Lackner Boulevard (Regional Road 54). Said planting strip is to be
developed at the Subdivider's cost in accordance with plans/drawings
approved by the City's Director of Planning prior to the issuance of any
building permits for said lots. Further, said planting strip shall be
installed within the affected lots prior to the transfer of title of such lots to
the first time occupants, or in the event of winter conditions, shall be
installed by June 1 immediately following such transfer of title. The
Subdivider agrees to attach the approved planting plan to all Offers to
Purchase/Agreements of Purchase and Sale of lots on which the required
planting strip has not been installed due to winter conditions. Further, the
noise attenuation barriers as required in accordance with Section 3.6
herein, shall substitute for the planting strip requirement only in that
location adjacent Lackner Boulevard where the noise attention barrier is
required.
60. That an elevation plan for any dwellings constructed on Lot 12 be
approved by the Director of Planning prior to the issuance of any building
permit.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 12, 1999 -50- CITY OF KITCHENER
1. BPS 99/54 - ADDENDUM TO BPS 98/134
- LACKNER BOULEVARD AND KEEWATIN AVENUE
- SUBDIVISION APPLICATION 30T-98203
- HALLMAN-ROSEDALE LTD. - GRAND RIVER WARD (CONT'D)
61. That a concrete transit pad be identified on the engineering servicing
drawings and shall be installed by the Subdivider, at his own cost, all to the
satisfaction of the General Manager of Public Works prior to the release of
the Subdivision Plan for registration.
62. That the owner agree that no sewer and water service be installed within
1.5 metres of the centre of a proposed submersible transformer vault or
within 0.9 metres of a proposed electrical service stub and that no fire
hydrant be installed within 3.0 metres of a proposed street light pole or
hydro pole. The owner shall review the Commission's engineering
drawings and shall be responsible for insuring that these separations are
maintained.
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:
1. That the owner agrees to stage the development of this subdivision in a
manner satisfactory to the Regional Commissioner of Planning and
Culture.
2. Deleted.
3. a) That the owner enter into an Agreement for Servicing with the
Regional Municipality of Waterloo to preserve 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 the area municipality, 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 capacity is available for this plan, or the portion of the plan to
be registered.
b) 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:
"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 or lease or purchase and sale will have
all conditions of draft plan approval satisfied, including the availability
of servicing, until the plan is registered."
4. 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 Regional Commissioner of Planning and
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 12, 1999 -51- CITY OF KITCHENER
1. BPS 99/54 - ADDENDUM TO BPS 98/134
- LACKNER BOULEVARD AND KEEWATIN AVENUE
- SUBDIVISION APPLICATION 30T-98203
- HALLMAN-ROSEDALE LTD. - GRAND RIVER WARD (CONT'D)
Culture prior to final approval of the subdivision plan.
5. That a lot grading and drainage plan be submitted for approval, for the
entire draft plan of subdivision to the satisfaction of the Regional
Commissioner of Engineering where lands drain to a Regional facility.
6. That the owner enter into an agreement with the Regional Municipality of
Waterloo for Lot 11 and Lots 13 to 16 and that the following clause be
included in the offers to purchase and deeds or rental agreements:
"Due to its proximity to Lackner Boulevard (Regional Road 54), projected
noise levels on this property exceed the Noise Level Objectives approved by
the Regional Municipality of Waterloo and may cause concern to some
individuals".
7. That the owner construct a noise wall along Lackner Boulevard, adjacent
to Lot 12, 0.15 metres onto the road allowance from the southwest
corner of the lot to within 6 metres of the front wall of the house to be
constructed, in accordance with the "Noise Study, Proposed
Development, Block 64 (30T-89021) Lackner Boulevard", which has been
submitted to the Regional Municipality of Waterloo and the
recommendations accepted.
8. That the owner enter into an agreement with the Regional Municipality of
Waterloo for Lot 12 and that the following clause be included in the offers to
purchase and deeds or rental agreements:
"Due to its proximity to Lackner Boulevard (Regional Road No. 54), projected
noise levels on this property exceed the Noise Level Objectives approved by
the Regional Municipality of Waterloo and may cause concern to some
individuals. Moreover, this dwelling has been fitted with a forced air -ducted
heating system suitably sized and designed to permit the future installation of
a central air conditioning system by the occupants, and the lands have been
developed such that noise attenuation features are included".
10. a) That the owner enter into an agreement with the Regional Municipality
of Waterloo to erect a 1.82 metre high permanent, maintenance free
fence adjacent to Regional Road No. 54 (Lackner Boulevard) in
accordance with Regional policies and procedures, except where a
noise wall is required as per condition 3.6 above.
b) If the owner should wish to construct a fence different from that set out
in 10. a), the design and location must be approved by the Regional
Commissioner of Engineering. The owner will be required to enter
into an Agreement with the Region with respect to the maintenance of
the fence, if required, prior to approval of the plan.
OTHER AGENCY CONDITIONS
4. 1. That prior to any grading or construction on the site and prior to registration
of the Plan, the owner prepare an Erosion and Siltation Control Plan in
accordance with the Grand River Conservation Authority's Guidelines for
sediment and erosion control, indicating the means whereby erosion will be
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 12, 1999 -52- CITY OF KITCHENER
1. BPS 99/54 - ADDENDUM TO BPS 98/134
- LACKNER BOULEVARD AND KEEWATIN AVENUE
- SUBDIVISION APPLICATION 30T-98203
- HALLMAN-ROSEDALE LTD. - GRAND RIVER WARD (CONT'D)
minimized and silt maintained on-site throughout all phases of grading and
construction.
CLEARANCE CONDITIONS
1. That prior to the signing of the final plan by the City's Assistant General Manager of
Business and Planning Services, the City of Kitchener is to be advised by the
Regional Commissioner of Planning and Culture that conditions 3.1 to 3.10 have
been carried out to the satisfaction of the Regional Municipality of Waterloo. The
clearance letter from the Region shall include a brief statement detailing how each
condition has been satisfied.
2. That prior to the signing of the final plan by the City's Assistant General Manager of
Business and Planning Services, the City of Kitchener is to be advised by the Grand
River Conservation Authority that conditions 4.1 has been carried out to the
satisfaction of the Grand River Conservation Authority. The clearance letter from
the Authority shall include a brief statement detailing how the condition has been
satisfied.
NOTES
1. 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 Charges 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:
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
ii) 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.
2. The final plans for Registration must be in conformity with Ontario Regulation
43/96, as amended, under The Registry Act.
3. Draft approval will be reviewed by the City of Kitchener Council from time to time to
determine whether draft approval should be maintained.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 12, 1999 -53- CITY OF KITCHENER
1. BPS 99/54 - ADDENDUM TO BPS 98/134
- LACKNER BOULEVARD AND KEEWATIN AVENUE
- SUBDIVISION APPLICATION 30T-98203
- HALLMAN-ROSEDALE LTD. - GRAND RIVER WARD (CONT'D)
4. It is the responsibility of the owner of this draft plan to advise the Regional
Municipality of Waterloo and the City of Kitchener Planning and Development
Departments of any changes in ownership, agent, address, phone and fax number.
5. Most of the Regional Municipality of Waterloo conditions can be satisfied through
and 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.
6. 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 certain processes related to Plans of
Subdivision.
7. 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.
8. 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 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.
9. 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 for
approval.
10. 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 agreement will be time limited, define
the servicing commitment in density, use and stipulate that 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.
1. BPS 99/54 - ADDENDUM TO BPS 98/134
- LACKNER BOULEVARD AND KEEWATIN AVENUE
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 12, 1999 -54- CITY OF KITCHENER
- SUBDIVISION APPLICATION 30T-98203
- HALLMAN-ROSEDALE LTD. - GRAND RIVER WARD (CONT'D)
11. To ensure final approval prior to year end, it is the responsibility of the owner to
ensure that all conditions have been satisfied and the required clearance letter,
agreements, mylars, fees and any other required information or approvals have
been deposited with the City Planner responsible for the file, no later than December
15th. City staff can not ensure that a plan will be given final approval 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. If the plans
comply with the terms of approval, and we have received an assurance from the
Region that the necessary arrangements have been made, the Assistant General
Manager's signature will be endorsed on the plan and it will be forwarded to the
Registry Office for registration.
The following is required for registration under the Registry Act and for our use:
One (1) original mylar
four (4) mylar copies
four (4) white paper prints
13. 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).
It is the opinion of this Committee that approval of this application is proper planning
for the City."
2. BPS 99/49 - 161 QUEEN STREET SOUTH
- DEMOLITION CONTROL APPLICATION DC 99/1/Q/PB
- BENTON STREET BAPTIST CHURCH - ROCKWAY-VICTORIA WARD
The Committee was in receipt of Business and Planning Services Staff Report BPS 99/49 dated
March 22, 1999 dealing with a demolition control application submitted by the Benton Street
Baptist Church with respect to property known municipally as 161 Queen Street South. It was
noted in the report that the applicant proposes to demolish one single detached dwelling to allow
for a safe entrance to a proposed senior's apartment building containing 58 units. Further, a site
plan application has been submitted for approval which is now eminent. The report also made
reference to two earlier demolition approvals given in respect to the project and provided
explanation with respect to the process in that regard. Heritage Kitchener has considered the
demolition request and recommended approval subject to two conditions that would provide firstly,
for the properties to be recorded and secondly, a building permit not to be issued for the
demolition until just prior to the occupancy of the apartment building.
Ms. C. Ladd provided an overview of the report and made reference to the issue involving access
to the site.
No delegations were registered respecting this matter.
On motion by Councillor M. Yantzi -
It was resolved:
"That Demolition Control Application DC 99/1/Q/PB (Benton Street Baptist Church)
requesting approval for the demolition of one single detached dwelling located at 161
Queen Street, legally described as Part of Lot 35, Registered Plan 393, be approved.
2. BPS 99/49 - 161 QUEEN STREET SOUTH
- DEMOLITION CONTROL APPLICATION DC 99/1/Q/PB
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 12, 1999 -55- CITY OF KITCHENER
BENTON STREET BAPTIST CHURCH - ROCKWAY-VICTORIA WARD
(CONT'D)
It is the opinion of this Committee that approval of this application is proper planning for the
City."
3. BPS 99/9 - TRANSFER OF BORDEN SANITARY TRUNK SEWER CAPACITY FROM
REGIONAL MUNICIPALITY OF WATERLOO LANDS TO TOWNSHIP OF
WILMOT
- PROPOSED MANNHEIM ESTATES - PHASE 2
PAUL TUERR CONSTRUCTION LIMITED
The Committee was in receipt of Business and Planning Services Staff Report BPS 99/9 dated
March 3, 1999. The report deals with the issue of transfer of Borden Sanitary Trunk Sewer
Capacity from the Regional Municipality of Waterloo lands to the Township of Wilmot as it relates
to the proposed Mannheim Estates Phase 2 Subdivision of Paul Tuerr Construction Limited.
It was noted in the report that the Department was in receipt of a request from the Regional
Municipality of Waterloo to enable a transfer of sewage capacity from Regional lands in
Laurentian West to Mannheim Estates in Wilmot Township. The request was made in light of a
referral of the Regional Official Policies Plan to the Ontario Municipal Board and potential litigation
regarding the proposed Mannheim Estates subdivision development. The staff report provides
detailed background on the Mannheim Estates development, the regional request based on
servicing possibilities and opinion that the most feasible means of sanitary servicing was through a
connection to the City of Kitchener Borden Sanitary Trunk Sewer and comments in response from
the Department of Business and Planning Services. Concerns of City of Kitchener staff with use of
the Kitchener sewer trunk facility were outlined in the report; however, staff also outlined the
positive aspects of the Regional request. Accordingly, staff recommend that the Regional
proposal to access the Borden Sanitary Trunk Sewer System be approved by Council subject to
the satisfactory resolution of certain issues such as the outstanding Kitchener West Side Study
and the connection of as much of the Mannheim Settlement Area as possible to municipal sanitary
services.
Mr. L. Masseo advised that staff had nothing further to add to the report under consideration.
Mr. P. Britton appeared as a delegation along with Messrs. Paul Tuerr and John Doherty. He
provided a brief history of the planning in the area and indicated that he was in support of the
recommendation as a good solution to the problem.
Councillor T. Galloway noted that there were additional large tracks of land to be developed and
questioned if the recommendation was contingent on the Region agreeing to expand the
settlement area on the west side. Mr. Masseo indicated that it was and that regional staff concur
with the recommendations in the Kitchener report. In response to Councillor T. Galloway, Mr. D.
Mansell addressed the capacity issue noting that the Region was allocating a portion of the
capacity and that they were just taking a portion of theirs and passing it to Tuerr Construction.
Further comments were made regarding capacity required for future development in Kitchener and
clarification that there was no increase in pipe size required in respect to the recommendation
under consideration. Mr. Masseo pointed out that the Region has been asked to undertake
necessary financial studies and that there would be residual capacity assigned to the Region. He
stated that it has been suggested that if after the Region have what they require, they could
allocate additional residual capacity to other Mannheim lands. Other comments were made
relating to the Weiland lands and the future relationship of the Borden Trunk and the Middle
Strasburg Trunk. Councillor T. Galloway questioned other recommendations in the report as they
relate to land use designations and Mr. Masseo advised that the proposal would amount to leap
frogging of development if Kitchener lands were not included within the Urban Settlement Area
and it was staffs position that Kitchener lands should be serviced first. Mr. B. Stanley referred to
the 1994 Municipal Plan and pointed out that a number of property owners in Kitchener have been
waiting for servicing and that it was only appropriate that if Kitchener was undertaking to solve
servicing problems in Mannheim that it should also solve servicing problems for Kitchener land
owners.
3. BPS 99/9 - TRANSFER OF BORDEN SANITARY TRUNK SEWER CAPACITY FROM
REGIONAL MUNICIPALITY OF WATERLOO LANDS TO TOWNSHIP OF
WILMOT
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 12, 1999 -56- CITY OF KITCHENER
- PROPOSED MANNHEIM ESTATES - PHASE 2
- PAUL TUERR CONSTRUCTION LIMITED (CONT'D)
Mayor C. Zehr commented that staff had found a solution to a Township of Wilmot problem that
was not detrimental to the City of Kitchener. Councillor J. Ziegler commended staff for the
approach they have taken to help both the Township and Kitchener land owners.
On motion by Councillor J. Ziegler -
It was resolved:
"That City Council allow the sanitary servicing of a portion of the Mannheim Settlement
Area in the Township of Wilmot to the Borden Sanitary Trunk Sewer subject to all of the
following:
a) the planned expansion to the Mannheim Settlement Area, which includes the
proposed Mannheim Estates - Phase 2 development, be serviced via sanitary
forcemain to the Borden Sanitary Trunk Sewer to the satisfaction of the City's
General Manager of Public Works, and further, that capacity allocated within the
Borden Sanitary Trunk Sewer, in an amount equivalent to 258 persons (77 units) be
permanently transferred from Regional lands in Laurentian West to the Township of
Wilmot, and further, that in the event the pumping station and forcemain are not a
Regional facility, that a formal agreement between the City of Kitchener and the
Township of Wilmot be entered into so as to enable sewage to cross the municipal
boundary; and,
b) agreement by the Region to undertake the appropriate engineering and financial
studies to determine the equivalent sewer capacity required for water treatment
purposes on the Regional lands in Laurentian West and to consider transferring any
additional available capacity at a later date to enable existing development within
the Mannheim Settlement Area to connect to centralized wastewater treatment
facilities; and,
C) agreement by the Region to modify Municipal Plan Amendment No. 1 to include the
lands bounded by the limit of the natural Borden Sanitary Drainage Shed, Bleams
Road, Trussler Road, and Highway #7/8 within Kitchener's "urban settlement
boundary" as future residential development, with the understanding that detailed
residential land use designations will be assigned following the completion of the
Alder Creek Subwatershed Study; and,
d) the inclusion of the lands described in (c) above within the City Urban Area
designation, as shown on Map No. 6 of the Regional Official Policies Plan; and,
e) a commitment by the Region to resolve land use designations relating to the
remainder of the West Side Study area, affected by Municipal Plan Amendment
No.1, simultaneously with the Regional Groundwater Protection Strategy and
proposed Regional Official Policies Plan Amendment; and,
f) the negotiation of satisfactory financial arrangements between the City of Kitchener
and the Township of Wilmot, with such arrangements to include, but not be limited
to, provisions for a portion of the development charges to be made payable to the
City of Kitchener and the determination of an appropriate sewer surcharge to be
paid by individual homeowners to cover sewage treatment costs."
4. INTRODUCTION
Mr. J. Witmer advised that it had been intended to have Mr. Brian Wolfe, new Coordinator of
Enforcement present to be formally introduced to Members of City Council but unavoidably it was
necessary that another matter be attended to by Mr. Wolfe.
5. BPS 99/57 - WATERLOO REGION AIRPORT MASTER PLAN
- ECONOMIC DEVELOPMENT ADVISORY COMMITTEE RECOMMENDATION
- RE: LONG-TERM ECONOMIC VIEW
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 12, 1999 -57- CITY OF KITCHENER
The Committee was in receipt of Business and Planning Services Staff Report BPS 99/57 dated
April 8, 1999. The report deals with an Economic Development Advisory Committee
recommendation arising from its March 24th meeting with respect to the Waterloo Regional Airport
expansion.
Mr. B. Stanley advised that staff had nothing further to add to the report under consideration.
On motion by Mayor C. Zehr -
It was resolved:
"That City Council recommend to the Regional Municipality of Waterloo that a long-term
economic view be studied and integrated into the Waterloo Region Airport's Master Plan
and that the Region come back to this Committee with a draft report for discussion,
outlining the pros and cons of all short-term and long-term solutions, prior to any final
consideration by Regional Council (as outlined in the minutes from the March 24, 1999
Economic Development Advisory Committee meeting attached to Business and Planning
Services staff report BPS 99/57)."
6. BPS 98/153 - LANDS BOUNDED BY BRIDGE STREET, WOOLWICH STREET / CITY OF
WATERLOO BOUNDARY AND THE GRAND RIVER
- MUNICIPAL PLAN AMENDMENT APPLICATION MP 99/03/B/JW
(BRIDGEPORT NORTH)
- CITY INITIATED
- LANDS BOUNDED BY WOOLWICH STREET / CITY OF WATERLOO
BOUNDARY TO THE WEST, THE GRAND RIVER TO THE NORTH AND EAST
AND TO THE SOUTH A SMALL AREA OF AGRICULTURAL LAND NORTH
OF SUNBRIDGE CRESCENT
- ZONE CHANGE APPLICATION ZC 97/07/W/JW
- SOUTHSTATON HOLDINGS LTD., ACTIVA HOLDINGS INC., ACTIVA
INVESTMENT CORP.
- SUBDIVISION APPLICATION 30T-97005
- SOUTHSTATON HOLDINGS LTD., ACTIVA INVESTMENT CORP.
- SUBDIVISION APPLICATION 30T-98205
- ACTIVA HOLDINGS INC., SOUTHSTATON HOLDINGS LIMITED
- BRIDGEPORT -NORTH WARD
Councillor C. Weylie, Chair, read the following statement:
"This is a Public Meeting under 'The Planning Act, 1996' to consider Municipal Plan
Amendment Application MP 991031BIJW City Initiated
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 April 19, 1999 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.
6. BPS 98/153 - MUNICIPAL PLAN AMENDMENT APPLICATION MP99/03/B/JW
(BRIDGEPORT NORTH)
- ZONE CHANGE APPLICATION ZC 97/07/W/JW
- SUBDIVISION APPLICATION 30T-97005 AND 30T-98205
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 12, 1999 -58- CITY OF KITCHENER
- BRIDGEPORT -NORTH WARD (CONT'D)
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 in receipt of Business and Planning Services Staff Report BPS 98/153 dated
March 24, 1999 dealing with a City initiated Municipal Plan Amendment, a zone change
application submitted by 3 proponents and 2 subdivision applications submitted by 2 proponents
each.
The report deals with a new residential community proposed to be developed in the Bridgeport
North area of the City. The applicants propose to re -zone a 59 hectare parcel of land to facilitate
the development of a residential subdivision in 2 or more stages with the first stage comprising 2
plans of subdivision totalling 32 hectares and 300 single detached dwellings. A proposed
Amendment to the Municipal Plan would incorporate the proposed collector road network into the
Plan. Two special policies are proposed to guide future development. The first would permit a
golf course club house or buildings and uses accessory to outdoor recreation, outside of the flood
plain on lands designated as residential and the second would require approval of a block plan
prior to land division, other than minor infill severence in the area south of Melitzer Creek. It was
pointed out in the report that a full scale community plan was not required for this area as the
majority of developable lands were included in the comprehensive review of the plans of
subdivision.
Attached to Staff Report BPS 98/153 was the Municipal Plan Amendment Report respecting
Bridgeport -North and the proposed zoning by-law dated March 12, 1999. Staff Report BPS
98/153 summarized the community plan intent, the description of the site, the description of the
proposed subdivisions and issues related to the Bridge Street Area Transportation study, other
traffic impacts, servicing, upgrading of Woolwich street, natural environment, flood plain lands -
recreational use, community trails and bicycle routes, the private lane south of Kestrel Place,
design guidelines, zoning by-law and aggregate resources.
Mr. J. Willmer advised that staff have been working on planning issues for a number of years with
respect to proposed development in the Bridgeport area. Using the overhead projection he
illustrated and described the location and physical aspects of the community noting that Melitzer
Creek divides the community into 2 sections. With respect to the planning process, he advised
that subdivision applications were received and circulated in the summer of 1997 with open
houses held in the autumn of 1997 and that liaison community meetings commenced in 1998 and
concluded early in 1999. Mr. Willmer advised that staff reviewed a large number of issues with the
applicants and area residents and acknowledged that there was still some outstanding
dissatisfaction on the part of some of the residents and that full consensus was not received
relative to the applications. He pointed out that the report was comprised of 2 sections, being the
zone change and the official plan amendment and he proceeded to review the recommendations
that commence on page 2 of BPS 98/153.
At this point, Mr. Willmer distributed 2 pages containing revisions and additions to subdivision
conditions and a copy of a revised proposed by-law dated March 12, 1999. He noted that
additional conditions 91 & 92 should refer to Plan 30T-97005 and not to Plan 30T-98205. He
pointed out that 2 developers were making a joint submission with respect to this development and
that staff had earlier agreed that it was not necessary to have a community plan prepared as
explained in the staff report. He then explained the purpose of the Municipal Plan Amendment
and described the subdivision plans which called for 300 family dwellings initially with later plans
to contain a variety and mix of dwelling types. Mr. Willmer then commented on aspects of the
zoning by-law and other development details contained in the staff report. As well, he referred to
the Bridgeport -North Community Trail / Bike Route Plan and noted that it integrates with
community trails along the river and along the flood plain and he referred the Committee to Policy
E in the recommendation. He also referred the Committee to Recommendation F in the staff
report which requests the Committee to deny a street naming request of the applicant. Finally, he
pointed out that a document had been prepared by the applicants which was entitled
6. BPS 98/153 - MUNICIPAL PLAN AMENDMENT APPLICATION MP99/03/B/JW
(BRIDGEPORT NORTH)
- ZONE CHANGE APPLICATION ZC 97/07/W/JW
- SUBDIVISION APPLICATION 30T-97005 AND 30T-98205
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 12, 1999 -59- CITY OF KITCHENER
- BRIDGEPORT -NORTH WARD (CONT'D)
Vision Statement and Design Guidelines and provided directly to Council. However, he advised
that staff are of the view that the document only represented information for the Committee. He
did acknowledge that the design guideline was the first such document to be utilized in Kitchener
to express the intent of the developers to promote a high quality development within the
community and that reference to this issue was contained within BPS 98/153.
Mr. Paul Britton, MacNaughton, Hermsen, Britton, Clarkson appeared as a delegation on behalf of
Southstaton Holdings, Activa Investment Corporation and Activa Holdings Inc. He advised that his
clients were in support of the recommendation in the staff report and that he understood Mr. W.
green would be appearing with the area residents delegation and requested the opportunity to
speak to any issue Mr. Green might raise. He also pointed out that Mr. Green had been
scheduled to speak to the Committee representing Mr. Bob Barnhart but that following agreements
reached with Southstaton Holdings, it was unnecessary for Mr. Green to make a presentation to
make a presentation on behalf of Mr. Barnhart. He filed a letter with the Committee dated April 12,
1999 from Mr. Craig Robson, McCarter Grespan Robson Beynon advising details with respect to
the agreement reached with Mr. Barnhart.
Mr. Britton provided detailed comments respecting aspects of the subdivision and illustrated its
pedestrian focus. He then made remarks on the following issues: transition areas, amount of open
space, significant environmental protective measures, dispersal of traffic flow, driveways and
garages not having predominance, the design guidelines being proposed and servicing
relationships. Finally he referred to Regional Condition # 3 on page 17 of the report and advised
that he was attempting to clarify the intent of the condition with the Region as it relates to the traffic
control signal for Bridge Street and Bridle Trail which will have full signalization.
In response to Councillor J. Hallboom, Mr. Britton illustrated pedestrian accesses and linkages
within the subdivision plans; however, Councillor Haalboom was of a view that there should be
more links hooked up at the end of streets. Mr. Britton indicated that they could look at this issue
for future plans. It was agreed that direction be given to staff to consider the issue of linkages to
open space when future subdivision plans are submitted. Councillor Haalboom questioned if the
developers would be contributing resources over and above land dedication and Mr. Britton
advised that this was dealt with in the design guidelines. Councillor Haalboom indicated she was
looking for enhancement with respect to issues such as park furniture.
Councillor John Smola questioned the issue of vehicular access noting that the City of Waterloo
had to be approached. Mr. Dietrich advised that Woolwich Street was located totally within the
City of Waterloo and that the City of Waterloo has committed nothing to its upgrade. He noted
that the applicants were providing curb and gutter, pavement and sidewalk on the Kitchener side
of Woolwich Street but that Waterloo did not intend to accelerate development of the other half of
Woolwich Street. Councillor T. Galloway questioned how Kiwanis Park fits into the developments
and Mr. Britton indicated that provision had been made for a minimum of 3 accesses. He also
pointed out that consideration was being given to a 9 -hole golf course on the applicants land and a
possible joint venture approach to develop an 18 -hole golf course. Councillor Galloway questioned
the creation of road stubs at this time because they would have the effect of pre -determining other
courses of action but Mr. Britton maintained that it allows for options to be kept open and does not
commit to any approach. Councillor Galloway raised other concerns with respect to flood plain
lands and trails along the flood plain and along the terrace. Councillor Jake Smola raised a
question as to the City of Waterloo's participation with respect to sanitary sewer servicing and Mr.
Britton advised that co-operation has been received from the City of Waterloo on this issue and
Mr. D. Mansell commented on meetings that have taken place with City of Waterloo staff and
corporate solicitors. Mr. Britton indicated that he was satisfied with the report but was trying to
clarify an issue with the Region.
6. BPS 98/153 - MUNICIPAL PLAN AMENDMENT APPLICATION MP99/03/B/JW
(BRIDGEPORT NORTH)
- ZONE CHANGE APPLICATION ZC 97/07/W/JW
- SUBDIVISION APPLICATION 30T-97005 AND 30T-98205
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 12, 1999 -60- CITY OF KITCHENER
- BRIDGEPORT- NORTH WARD (CONT'D)
Mr. Murray Dick appeared as a delegation on behalf of a number of neighbourhood residents. A
submission dated April 12, 1999 was distributed to the Committee and Mr. Dick presented
highlights of that report. Their initial concerns which to a degree remain, were summarized in the
report. Further, he pointed out that there were issues that they disagree with and are of the view
that improvements could be made. These issues are as follows:
- water supply has been addressed but the impact on sewage system was unknown and
it was pointed out that there was some confusion as to the meaning of Condition # 87.
- object to massed multi -unit residential and alternatively request it be distributed
throughout the entire development.
- opposed to triplex residential units.
- request total development of Woolwich Street.
- request the detail of design and materials to be documented and inserted into the
agreement with the developer.
- oppposed to entrance way now identified as Falconridge in terms of its elevation and
the fact that a possible alternative had not been adequately studied.
- property setbacks are short and unacceptable.
Mr. Dick then commented that they felt that the planning process they were asked to participate in
was unfair since there was no community plan in place and therefore no benchmark or context to
refer to in respect to the developers proposal. As well, he questioned if City staff could protect the
interests of the existing residents. He asked that the City not abandon the community planning
process. Also on the issue of planning process, Mr. Dick advised that there had been no
substantive changes as a result of the community input and expressed concern particularly with
regard to inadequate setbacks. He pointed out to the Committee that a disk containing electronic
images with respect to the setback issue was distributed to the Committee along with his
submission. Finally, the submission requests that a community planning process be entered into
before the development is allowed to proceed.
Councillor C. Weylie questioned how the water supply issue was going to be resolved. Mr. J.
Willmer commented on the standard typical approach to such situation and pointed out that
Condition 87 had been revised to deal with the concern. He suggested it was more expedient to
extend watermain and pay the costs of connection; however, a problem has arisen with regard to
an easement and that approach may not be possible. Therefore, an optional approach is
contained in revised Condition 87.
Councillor Weylie then referred to the concern expressed by the delegation respecting the mix of
dwelling units and Mr. J. Willmer advised that staff were content with the final mix and pointed out
that the proposed by-law has a special regulation 306 (iv) dealing with the percentage of permitted
dwelling forms. He stressed that efforts had been made to ensure a guaranteed mix and that such
mix will be provided for at each end of the subdivision.
Mr. Bill Green, Green Scheels Pigeon appeared as a delegation on behalf of the area residents.
He noted that one of the key issues of concern was the whole relationship of the subdivision to the
adjacent open space and their strong suggestion that there should be enhanced access to the
Grand River. He commented that he was reasonably sure this would not be seriously considered
by the developers of these 2 subdivisions but suggested that there was an opportunity to
incorporate these ideas into future subdivisions in the area. Mr. Green indicated that suggested
modifications have been made and one has to do with the entrance to the subdivision which could
be a boulevard style entrance all the way to Kiwanis Park. He suggested that Riverlink Street
could be enhanced as much as possible. He also suggested that the road design could have
sections where it was one-sided to take advantage of the view shed and noted previously staff saw
value in this approach. With reference to the school site he suggested that it should back onto
Kiwanis Park to take advantage of the open space. Mr. Green also suggested that the
approximate location of the proposed golf course have direct access to Woolwich Street.
6. BPS 98/153 - MUNICIPAL PLAN AMENDMENT APPLICATION MP99/03/B/JW
(BRIDGEPORT NORTH)
- ZONE CHANGE APPLICATION ZC 97/07/W/JW
- SUBDIVISION APPLICATION 30T-97005 AND 30T-98205
- BRIDGEPORT- NORTH WARD (CONT'DI
He also expressed concern with allowing the development to have shallow driveway depths and
suggested there were examples where input of the community on setbacks and on -street parking
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 12, 1999 -61- CITY OF KITCHENER
issues have not been addressed. Mr. Green referred to the mix of housing and stated that the
greatest concern was the implication for subsequent phases of subdivision development
containing repetitive housing forms and it was for that reason that they felt the mix should be
contained within a larger area. In conclusion, Mr. Green stated that it was his hope some of the
elements of design could be incorporated into areas that are not being considered for draft
approval at this time.
Councillor J. Haalboom posed questions to Mr. Green and stated that she felt there should be
greater initiative to promote open space and overview of the Grand River and Mr. Green indicated
that most of these ideas were presented to the developer.
Mr. Steve Vogel appeared as a delegation with regard to the applications to state that it was his
view that they were premature based on traffic movement and its impact on response times of
emergency services. In this regard he provided comments on response time and pointed out that
the stated times did not include the time before the emergency vehicles were in a wheels moving
mode. He also stated that the development was premature as it was his view a 172 unit
apartment building should be included within the 300 unit cap. In reference to other road issues,
Mr. Vogel stated that increased loading puts other Bridgeport residents at increased risk because
of the additional volumes of traffic arising from new development. Further, he pointed out that the
development was premature as the new Highway # 7 alignment was not determined. Finally, he
commented that there were of hundreds of approved unbuilt units in the area and asked that this
development not be proceeded with for the reasons stated.
In addressing the concerns raised by Mr. Vogel, Councillor Jake Smola referred to the City's
direct -to -fire alarm monitoring program being in place and noted that enhanced services will be
available with completion of the fire station relocation program. He also indicated that it was his
understanding that the City of Waterloo was looking at considering a new fire station near to the
area . Finally, he indicated that fire department vehicles could be diverted away from the
Lancaster / Bridge Street intersection by utilizing Shirk to reach Bridge Street.
Mr. Britton responded to issues raised by the delegations this date. Firstly, in response to Mr.
Vogel's presentation he remarked on the direct -to -fire alarm program and fire station relocation,
the Wellington Street extension and the Transportation Master Plan, the 300 unit cap, the traffic
network and the traffic update that dealt with the apartment potential. Secondly, in response to Mr.
Green's presentation, he suggested that in preparing his development plan, Mr. Green had a
mandate to reduce densities and such approach would have a dramatic effect by increasing
development costs. Mr. Britton spoke on the alignment of collector roads as suggested in Mr.
Green's plan, the difficulties in that regard and pointed out that it did not reflect the consensus that
the applicants received to neighbourhood issues. On the issue of separated school lands and
park, he stated that it was the school board's desire to place the school beside an active park and
not adjacent to Kiwanis Park. On the issue of developing a single side of the road adjacent to the
lands bordering the floodplain he agreed that it would enhance visitas but had a significant cost.
On the matter of concerns regarding lot depth he commented that Mr. Green's plan was an effort
to reduce the overall lot yield. On the issue of design guidelines, he advised that they were in
place as encouragement administered by the developer. He also commented on driveway widths
and on upgrade to Woolwich Street noting that one option was that 50% of the road be included in
Kitchener and suggested if that were the case, an arrangement could be arrived at relative to
financing the complete upgrade of the road. In response to Councillor J. Haalboom, Mr. Britton
indicated that various designs for placement of the school were considered but that the school
board favours the design outlined in the concept plan. Councillor John Smola questioned if the
Committee could consider the issue of upgrading of Woolwich Street and that this matter along
with sewage issues be the subject of further discussion. Mayor C. Zehr referred to the comments
made by Mr. Dick and requested clarification with respect to the community plan issue.
6. BPS 98/153 - MUNICIPAL PLAN AMENDMENT APPLICATION MP99/03/B/JW
(BRIDGEPORT NORTH)
- ZONE CHANGE APPLICATION ZC 97/07/W/JW
- SUBDIVISION APPLICATION 30T-97005 AND 30T-98205
- BRIDGEPORT- NORTH WARD (CONT'D)
Mr. Willmer noted that an open house was held in November 1997 and that it was his opinion that
the planning process involved the community and that it was a consultative and inclusive process.
He stated that in this case almost all of the community plan issues could be included within the
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 12, 1999 -62- CITY OF KITCHENER
subdivision planning process. Mayor Zehr noted that it would appear that the department has
effectively gone through a community planning process without calling it that by name. Mr.
Willmer pointed out that there was nothing in the City of Waterloo's Lexington community that was
not in the subdivisions under consideration this date.
Mr. Britton indicated that he would like to resolve the subdivision issues as much as possible but
suggested that condition 61 be deferred in order to engage political participation as part of the
process to resolve the Woolwich Street issue. In reference to the suggestion of deferring
condition 61, Mr. Willmer suggested that the alternatives were to either defer the entire subdivision
or approve it as recommended with the intention of re -considering condition 61. Ms. C. Ladd
suggested that there was a third alternative that would involve modification to condition 61 and in
this regard suggested that the words "save and except for curb, gutter, sidewalk and boulevard
trees on the west side of the street" be deleted from the condition. In reference to condition 61
Mayor C. Zehr indicated that he was prepared to make a motion to require full upgrading of
Woolwich Street and if negotiations with the City of Waterloo fail in this regard then commit to
develop another solution. Discussions followed relative to approaching and negotiating the
Woolwich Street issue with the City of Waterloo. Mr. D. Mansell outlined Waterloo's financial
position relative to timing of its commitment to upgrade Woolwich Street. After further discussion it
was suggested that condition 61 be amended in accordance with the revision suggested by Ms. C.
Ladd and Councillor John Smola also requested that initiative be taken to get all Woolwich Street
property owners on municipal services and 9 others at the end of the Ianeway adjacent to the river.
Mr. J. Willmer pointed out that the issue of water supply was a very different one from the septic
issue and that if the water table stayed the same or fell, the septic system should work the same
or better and that there was no negative effect on the septic system as a result of water supply. In
terms of servicing issues to install gravity sewers he stated that locations would be a guessing
game as far as the location of the laterals were concerned.
Councillor John Smola stated that he wanted to see a uniform right-of-way for Woolwich Street
between Bridle Trail and Kiwanis Park Drive and acknowledged that some of the cost was not the
responsibility of the subdivision developers but that these costs could be negotiated with all parties
working out an arrangement. He stated that staff need the opportunity to address this issue.
As Mr. Britton had left the meeting to attend another function, Mr. George Barkley representing
Southstaton Holdings, spoke on Mr. Britton's behalf. He pointed out that the developers were
assuming the cost of upgrading the east side of Woolwich Street and favoured amending condition
61 as suggested and that the parties would negotiate and find a solution. In reference to concerns
regarding the sanitary sewer issue, he advised that they had had extensive discussion on this
matter but that they were simply not responsible to provide sanitary sewer service to existing
development and do not anticipate impacting existing septic systems.
On motion by Councillor John Smola -
It was resolved:
"That Business and Planning Services staff report BPS 98/153, being:
- Municipal Plan Amendment MP 99/03/B/JW - Bridgeport North
- Zone Change Application ZC 97/07/W/JW
- Subdivision Applications 30T-97005 and 30T-98205
Be deferred and referred to the May 10, 1999 Planning and Economic Development
6. BPS 98/153 - MUNICIPAL PLAN AMENDMENT APPLICATION MP99/03/B/JW
(BRIDGEPORT NORTH)
- ZONE CHANGE APPLICATION ZC 97/07/W/JW
- SUBDIVISION APPLICATION 30T-97005 AND 30T-98205
- BRIDGEPORT- NORTH WARD (CONT'D)
Committee meeting for further consideration."
Councillor T. Galloway noted that there were other issues raised that should be addressed
including elevations and grades adjacent to Falconridge, the school site as it was his view an
alternate proposed location was worth looking at and in respect to Kiwanis Park he was not sure
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 12, 1999 -63- CITY OF KITCHENER
how Council should deal with the Park because certain assumptions had been made in respect to
its future as it relates to the subdivision. Mr. T. Clancy advised that he shares the concerns raised
by Councillor Galloway and that it was unknown at this time whether a golf course should be
pursued and every effort should be made to deal with issues in order to keep all options open.
Councillor Galloway also expressed concern regarding the flood plain lands as to the intention of
the applicant to retain ownership versus the City's practice of acquiring ownership of such lands.
Councillor C. Weylie then surveyed Committee members to determine issues of concern that staff
could address in respect to these applications during the deferral and the following issues were
identified:
A. School site / park site issue
- put Kiwanis Park and School site together
- siting of the neighbourhood park
- concern that if the school site was sold, an active soccer field would be lost and it
was suggested that the school site be broken into 2 blocks so that if sale is
proposed in the future one could be sold to private enterprise and the other
purchased by the City for a soccer field.
B. Park issues
C. Kiwanis Park issues
- concerns re: the park and open space along the river
- premature consideration of the table lands
- securing as much open space / flood plain as possible
- Mayor C. Zehr noted that there was a need to keep options open respecting the
Park and that it would be difficult to define future municipal intent in four weeks.
- Mr. D. Mansell advised that he was in the process of designing a pumping
station to serve the table lands and required direction in that regard. On
Councillor B. Vrbanovic's suggestion, it was agreed that all options be kept open
and Mr. Mansell be directed to build in necessary capacity to service these
options.
D. Grades and Elevation issues
- existing houses on Woolwich Street have walkouts at the rear and it was not
expected that retaining walls would be required as grading was designed to
work without them.
- there was a concern regarding a section of Falconridge Drive and a future plan
of subdivision.
E. Vistas issue
- better access is required for purpose of reaching flood plain
F. Pumping Station
- concerns were expressed regarding the pumping station and it was noted that
there would be more than 15 metres separation and that design issues were
being followed up with respect to vibration and motor issues.
7. BPS 99/53 - IDENTIFICATION OF SIGNIFICANT NATURAL AREAS
The Committee was in receipt of Business and Planning Services Staff Report BPS 99/53 dated
March 31, 1999 dealing with the subject of identification of significant natural areas.
It was noted in the report that at the Council meeting of January 18, 1999 a request was made that
staff provide information on how the City identifies and protects significant natural areas and
information was also requested on how nearby municipalities of Waterloo, Cambridge, Guelph and
Hamilton do the same.
On motion by Councillor M. Yantzi -
It was resolved:
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
APRIL 12, 1999 -64- CITY OF KITCHENER
"That Business and Planning Services staff report BPS 99/53 (Identification of Significant
Natural Areas) be referred to the Environmental Committee for consideration and report
back to the Planning and Economic Development Committee."
8. BPS 99/45 - REVISIONS TO CITY OF KITCHENER MUNICIPAL CODE'CHAPTER 683'
- DELEGATION OF AUTHORITY FOR SITE PLAN CONTROL
The Committee was in receipt of Business and Planning Services Staff Report BPS 99/45 dated
March 31, 1999 dealing with approval authority appointments relative to site plan approval.
Mr. B. Stanley briefly commented on the purpose of the request as outlined in the report.
Councillor J. Haalboom stated that she had a concern with an on the spot approval approach with
respect to site plan issues. In this regard she referred to the Gateway plaza where many problems
had arisen and questioned where the opportunity was for appeal when neighbours encounter
problems with a development. Mr. B. Stanley advised that issues such as the lighting and
landscaping plan were not part of the site plan approval process and that those two plans come
forward after site plan approval is given. Also, he stated that normally there was no opportunity for
input from residents with respect to lighting and landscaping plans.
On motion by Mayor C. Zehr -
It was resolved:
"That Council appoint the Manager of Design and Development as the primary approval
authority for Site Plan Approval, with the Director of Planning and the Assistant General
Manager, Business and Planning Services, as the two alternates, by adopting the attached
"Proposed By-law" to amend Clause 683.2 of the Municipal Code."
9. ADJOURNMENT
On motion, the meeting adjourned at 7:45 p.m.
L.W. Neil, AMCT
Assistant City Clerk