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HomeMy WebLinkAboutPlng & Econ Dev - 1999-09-13PED\1999-09-13 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 13, 1999CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:36 p.m. under Councillor C. Weylie, Chair with the following members present: Mayor C. Zehr and Councillors Jake Smola, J. Ziegler, K. Taylor-Harrison, B. Vrbanovic, T. Galloway, J. Haalboom and John Smola. Councillor G. Lorentz entered the meeting after its commencement. Officials present: Ms. C. Ladd, L. MacDonald and Messrs. J. Gazzola, J. Shivas, B. Stanley, D. Mansell, P. Wetherup, G. Richardson, G. Borovilos, J. Witmer and L. W. Neil. 1.WOOLWICH STREET RECONSTRUCTION RE: ACTIVA / SOUTHSTATON SUBDIVISIONS Mr. Murray Dick appeared as a delegation in regards to issues that were still outstanding pertaining to the Activa and Southstaton Subdivisions developing in the area of Woolwich Street north of Bridge Street. He indicated that he thought almost all the issues with respect to the subdivisions have been resolved, with the exception of the Woolwich Street reconstruction. He st advised that he was attempting to find out the status of the road prior to the September 21 Hearing of the Ontario Municipal Board respecting the subdivisions. Mr. J. Gazzola advised that the matter had been left with staff of the two Cities to deal with but noted that it was intended the Chief Administrative Officers of Kitchener and Waterloo as well as their Planning staff would meet this week to see if the City of Waterloo could move up priority of the Woolwich Street reconstruction within its Capital Forecast. Mr. Paul Britton appeared as a delegation on behalf of the subdividers and advised that there was an objection to the Development Charge By-law as noted in comment from Ms. C. Ladd. He stated that his clients were committed to finding resolution of this matter and would work diligently with both Cities to resolve it. Mr. J. Gazzola advised that currently the reconstruction project was a low priority within the City of Waterloo’s Capital Forecast and that the matter could come back to Council for consideration at its th September 20 meeting. 2.BPS 99/112-809 WELLINGTON STREET NORTH -ZONE CHANGE APPLICATION ZC 92/21/W/LB -ELECTROHOME LIMITED / FIRST GULF DEVELOPMENT CORPORATION – BRIDGEPORT-NORTH WARD The Committee was advised that the Department of Business and Planning Services was in receipt of an application from Electrohome Limited - First Gulf Development Corporation to change the zoning of lands known municipally as 809 Wellington Street North. It was noted in the report that the purpose of the zone change was to permit an office to occupy up to 100% of a building’s gross floor area to a maximum floor space ratio of 0.5. This would allow a portion of the property known as 809 Wellington Street North to be developed with a freestanding office building. The subject property is comprised of a 2.5 hectare portion of the Electrohome Limited property located at 809 Wellington Street North, adjacent to the Wellington Street interchange with the expressway. In this regard, the Committee considered Business and Planning Services staff report BPS 99/112 dated August 9, 1999 and a proposed By-law dated July 16, 1999 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 summarized the history of this application as noted in the report commencing with its submission in May of 1992. She noted that the application was delayed for several years and commented on the reasons in that regard as outlined in the report. The Municipal Plan now permits freestanding office and accordingly, only a zone change approval is required. Ms. Diana Biuk, Green Scheels Pidgeon Planning Consultants appeared as a delegation and distributed a submission outlining an architectural sketch of the proposed Wellington Street office complex as well as a layout of the site illustrating building area and parking and landscaping proposals. She made remarks on the First Gulf Corporation, the size of the proposed building and noted that the proposal was very timely given the limited amount of suburban office space 2.BPS 99/112-809 WELLINGTON STREET NORTH PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMER 13, 1999- 123 -CITY OF KITCHENER -ZONE CHANGE APPLICATION ZC 92/21/W/LB -ELECTROHOME LIMITED / FIRST GULF DEVELOPMENT CORPORATION – BRIDGEPORT-NORTH WARD (CONT’D) available. Ms. Biuk advised that her firm was working with the Ministry of Transportation of Ontario to design access from Wellington Street to the site and that there were no other outstanding issues relative to this proposal. No other delegations were registered respecting this matter. On motion by Councillor John Smola - It was resolved: “That Zone Change Application ZC 92/21/W/LB (809 Wellington Street North - Electrohome Limited - First Gulf Development Corporation) requesting a change in zoning to add Special Regulation Provision 316R to the existing General Industrial Zone (M-2) on lands legally described as Part of Lots 32, 33 and 34, Registered Plan 763, more particularly described as Part 2, Reference Plan 58R-3130 in the City of Kitchener, be , in the form shown in the attached “Proposed By-law”, dated July 16, 1999, approved without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City’s Municipal Plan.” Councillor G. Lorentz entered the meeting at this point. 3.BPS 99/116 -JANET COURT / ZELLER DRIVE -ZONE CHANGE APPLICATION ZC 99/01/2/GR -SUBDIVISION APPLICATION 30T-99201 -MS CUSTOM CONTRACTORS LIMITED - GRAND RIVER WARD The Committee was advised that the Department of Business and Planning Services was in receipt of applications for zone change and subdivision from M. S. Custom Contractors Limited with regard to a 2.11 hectare parcel of land that would form an extension of existing Janet Court which accesses Zeller Drive. It was noted in the report that the Draft Plan of Subdivision would allow for the creation of 15 single family residential lots as part of an extension to Janet Court as well as a future development block fronting onto Zeller Drive containing a maximum of 3 single family lots. In addition, the zone change application proposes to amend the current Agricultural 1 Zone (A-1) to Residential 3 Zone (R-3) and Open Space Zone (P-2) with a special regulation provision to permit a reduced lot width for lots being part of the future development block (stage 2). In this regard, the Committee considered Business Planning Services staff report BPS 99/116 dated July 28, 1999 and a proposed By-law dated August 3, 1999 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. Mr. Glen Richardson provided an overview of the comments in the staff report which touch on environmental issues, parkland dedication / trail linkage, sidewalks, neighbouring landowner concerns, lot widths and extension of existing Janet Court. He advised that he wished to draw the Committees attention to the City’s Sidewalk Policy that would require that there be sidewalks on both sides of the proposed street. The sidewalk issue was documented in the report and based on a specific situation, staff support an exemption to the Sidewalk Policy to allow a sidewalk on only one side of Janet Court. Accordingly, the developer would be responsible for sidewalk only along the frontage of Lots 11 to 15. Mr. Richardson distributed a revised map of the Plan of Subdivision dated July 28, 1999 which increased the lot width on a number of the lots from 15.25 metres to 16.75 metres and asked for the Committees endorsementof this change. Further, he requested the Committee revise the 3.BPS 99/116 -JANET COURT / ZELLER DRIVE PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMER 13, 1999- 124 -CITY OF KITCHENER -ZONE CHANGE APPLICATION ZC 99/01/2/GR -SUBDIVISION APPLICATION 30T-99201 -MS CUSTOM CONTRACTORS LIMITED - GRAND RIVER WARD (CONT’D) staff recommendation as follows: - Condition 52 be amended to incorporate an additional sentence reading ‘said Grading Plan shall also include the proposed grading for the pedestrian trail over Blocks 16 and 17’. -Condition 53 be deleted, that is the second condition 53 listed in the staff report which contained a numbering error. -Condition 63 be deleted and replaced with detailed wording contained in sub-clauses a) to g) which has been provided to the Clerk and deals with development charge issues. -Condition 66 be corrected with respect to the spelling of Zeller Drive. Concillor J. Haalboom questioned if there were any provisions in the subdivision conditions to acknowledge airport operations and noise arising from air traffic utilizing the airport. Councillor B. Vrbanovic questioned if the planning for the subdivision was at a point that it could now move forward, and Mr. G. Richardson advised that no additional detailed requirements were outstanding and it was his expectation if approved, the subdivision would proceed to registration this Fall. Councillor T. Galloway questioned the lands to the east of Janet Court and Ms. C. Ladd advised that they were part of the plans relative to the Grand River South Community. Councillor Galloway stated that he would have expected noise clauses similar to the Lackner subdivisions would be incorporated into the Janet Court subdivision plan. As well, he questioned the issue of signage with respect to airport operation. Councillor B. Vrbanovic concurred that signage should be erected warning of airport operations and Ms. C. Ladd advised that staff were dealing with the issue of signage at major entranceways warning of airport operations as well as in conjunction with the subdivision billboard signs. The recommendation in the staff report was then considered and it was agreed to accept the revisions requested by Mr. G. Richardson this date. As well, on motion by Councillor J. Haalboom it was agreed to further revise the recommendation so as to advise of noise arising from airport operations on the subdivision signs and add a further condition numbered as 67 providing for the inclusion of warning clauses with respect to offers to purchase, etc. and that such a warning clause not be released from title. The recommendations as revised were then considered. On motion by Councillor Jake Smola - It was resolved: “A.That Zone Change Application ZC99/01/Z/GR (Janet Court / Zeller Drive – M.S. Custom Contractors Limited) requesting a change in zoning from Agricultural One Zone (A-1) according to By-law 85-1 to Residential Three Zone (R-3), Residential Three Zone with special regulation provision 1R, Residential Three Zone with special regulation provision 312R, Open Space Zone (P-2), and Open Space Zone (P-2) with special regulation provision 1R, all according to By-law 85-1, on Part of Lot 119, German Company Tract, in the form shown in the attached be approved Proposed By-law dated August 3, 1999. 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. B. That the City of Kitchener pursuant to Section 51(31) of the Planning Act, R.S.O. 3.BPS 99/116 -JANET COURT / ZELLER DRIVE PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMER 13, 1999- 125 -CITY OF KITCHENER -ZONE CHANGE APPLICATION ZC 99/01/2/GR -SUBDIVISION APPLICATION 30T-99201 -MS CUSTOM CONTRACTORS LIMITED - GRAND RIVER WARD (CONT’D) 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-99201 in the City of Kitchener for M.S. Custom Contractors Limited, subject to the following conditions: 1.That this approval applies to Plan of Subdivision 30T-99201 for M.S. Custom Contractors Limited as shown on the plan prepared by MHBC Planning Ltd., dated June 30, 1999, and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated July 28, 1999, which shows the following: Stage 1 Lots 1-15 - Single Detached Residential (maximum 15 units) Block 16-Park Block 17-Open Space Block 18-Emergency Access Stage 2 Block 1-Future Development Block (maximum of 3 units) 2. CITY OF KITCHENER CONDITIONS 1)That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council, to include a revision to condition 41 to provide for the addition of ‘an advisory note on airport noise on the subdivision sign in respect of noise generated by the Waterloo Regional Airport’, embracing those lands shown outlined in the attached Plan of Subdivision and that the following special conditions, which may be re-numbered, be written therein: “The Subdivider covenants and agrees: 51.That the final plans for registration shall be prepared in accordance with the attached Plan of Subdivision dated July 28, 1999, provided that minor amendments to said plan, acceptable to the General Manager of Business and Planning Services, and not affecting the numbering of any lots or blocks, may be permitted without amendment to this agreement. Any changes affecting the numbering of the lots and blocks shall require an amendment to this agreement to reflect such changes. 52. To submit a Lot Grading and Drainage Control Plan for the approval of the City’s General Manager of Public Works, in consultation with the City’s General Manager of Parks and Recreation and the Grand River Conservation Authority, prior to registration of any stage of the Subdivision Plan. Said grading plan shall also include the proposed grading for the pedestrian trail over Blocks 16 and 17. 3.BPS 99/116 -JANET COURT / ZELLER DRIVE -ZONE CHANGE APPLICATION ZC 99/01/2/GR PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMER 13, 1999- 126 -CITY OF KITCHENER -SUBDIVISION APPLICATION 30T-99201 -MS CUSTOM CONTRACTORS LIMITED - GRAND RIVER WARD (CONT’D) 53.That the division of any lots or blocks by Part Lot Control shall be subject to compliance with the following requirements: i)The Subdivider shall submit a draft reference plan for each lot or block, and obtain approval of the draft reference plan from the City's General Manager of Business and Planning Services, the City's General Manager of Public Works and the Commission's Engineer; ii)The Subdivider shall pay all current outstanding taxes prior to the submission of a part lot control exemption by-law to the City's Council; iii)The draft reference plan approved above shall be deposited in accordance with the Land Titles Act and three copies submitted to the City's General Manager of Business and Planning Services; iv)The Subdivider shall receive final approval of a Part Lot Control Exemption By-law; v)No building permits shall be issued until steps (i), (ii), (iii) and (iv) above and Section 6.8 (ii) are completed and the layout shown on the registered reference plan is in compliance with the approved reference plan and the approved servicing and grading plans; vi)Any further division of lands to create additional building parcels shall require the submission of subsequent reference plans to be approved in accordance with steps (i), (ii), (iii) and (iv) above. vii)notwithstanding (v) above, in the event that only one dwelling is to be constructed on a block in advance of final approval of a Part Lot Control Exemption By-law, in order to ensure that the proper and orderly ultimate development of the block is not compromised, the Subdivider agrees that prior to the issuance of any Building Permits: a)to submit a draft reference plan for each block, showing all required maintenance easements and eave encroachments if the lots or blocks are proposed for zero sideyard housing, and obtain approval of the draft reference plan from the Director of Planning, the General Manager of Public Works and the Commission's Engineer. b)to obtain approval of lotting plans for each lot or block illustrating lotting, service connections, street utility hardware and proposed grades, together with building envelopes and driveway locations where required, in conformity with the 3.BPS 99/116 -JANET COURT / ZELLER DRIVE -ZONE CHANGE APPLICATION ZC 99/01/2/GR -SUBDIVISION APPLICATION 30T-99201 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMER 13, 1999- 127 -CITY OF KITCHENER -MS CUSTOM CONTRACTORS LIMITED - GRAND RIVER WARD (CONT’D) approved draft reference plan as set out above, from theCity's Director of Building, Zoning and Inspections. 54.To obtain from the Grand River Conservation Authority a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 149 as amended by 69/93 and 669/94, prior to on- site grading, the installation of services and prior to the City’s release of any stage of the Subdivision Plan for registration. 55. That the name of the street within the Plan shall be “Janet Court”, which name shall appear on the final registered plan. 56. That construction traffic to and from the proposed subdivision shall be restricted to using Zeller Drive 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. To construct 1.5 metre wide concrete sidewalks along the south side of Janet Court within the limit of the plan of subdivision to Block 18, to the satisfaction of the General Manager of Public Works. 58. That in consideration of the wooded character of the subdivision lands and the City’s desire to minimize the impact of development on treed areas worth retaining, to comply with the following process in the development of the subdivision in accordance with the City’s approved Tree Management Policy: a) Prior to the City’s releasing Stage 1 of the subdivision plan for registration, the Subdivider shall submit the Detailed Vegetation Plan, for the approval of the City’s Director of Planning; b) That no area/rough grading shall occur on the lands until such time as all approved measures for protection of isolated trees, tree clusters and woodlands affected by such grading have been satisfactorily implemented, the City has inspected these measures and the Subdivider has received a written authorization from the City’s Department 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 his heirs, executors, administrators, successors and assigns in order to ensure that the requirements outlined in said plan(s) are carried out as specified; 3.BPS 99/116 -JANET COURT / ZELLER DRIVE -ZONE CHANGE APPLICATION ZC 99/01/2/GR -SUBDIVISION APPLICATION 30T-99201 MS CUSTOM CONTRACTORS LIMITED - GRAND RIVER WARD (CONT’D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMER 13, 1999- 128 -CITY OF KITCHENER d) A Tree Preservation/Enhancement Plan will be required for those lots or blocks, prior to applying for or having issued any building permits, 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 greater than 13.7 metres of street frontage, proposed building structure that is located deeper on the lot than that approved on the Detailed Vegetation Plan and/or the revised grading will have an adverse effect on the Detailed Vegetation Plan; e) In the event of construction causing minor tree damage, remedial measures such as timing, dressing, or bark doctoring shall be implemented at the Subdivider’s cost and as directed by the Consultant who prepared the approved plan. In cases 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 the “Guide for Plant Appraisal”, International Society of Arboraculture, 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 Department of Business and Planning Services and shall be satisfactorily implemented prior to occupancy of the unit or due to weather conditions, by the next planting season. 59.To convey to the City of Kitchener, at no cost and free of encumbrance, concurrent with the registration of the Plan of Subdivision: a)Block 16 for Park purposes; b) Block 17 for Open Space purposes; and c) Block 18 for Emergency Access purposes. 60.To grant to the City of Kitchener, a conservation easement, approved by the City’s Solicitor, over the rear portion of Lots 4 and 5 zoned Open Space, said easement to be registered immediately concurrently with Stage 1 of the Plan of Subdivision. 61.To install a permanent 1.2 metre high paige wire fence or an alternate marking system to the satisfaction of the City’s General Manager of Parks and Recreation along the boundary of Lots 4 to 10 where such lots abut Blocks 16 and 17, Environmentally Sensitive Policy Area No. 24 (ESPA No. 24), prior to occupancy of Lots 4 to 10. 3.BPS 99/116 -JANET COURT / ZELLER DRIVE -ZONE CHANGE APPLICATION ZC 99/01/2/GR -SUBDIVISION APPLICATION 30T-99201 -MS CUSTOM CONTRACTORS LIMITED - GRAND RIVER WARD (CONT’D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMER 13, 1999- 129 -CITY OF KITCHENER 62.To prepare plans for the design and construction of an emergency access in accordance with the “Subdivision Layout with Environmental and Tree Management Recommendations “ prepared by EcoPlans Limited, dated July, 1999 (revised), over Block 18 for the approval of the City’s General Manager of Public Works in consultation with the City’s Fire Chief, and to construct said emergency access at the Subdivider’s cost and to the satisfaction of the General Manager of Public Works prior to the issuance of any building permits. Said plans shall include the provision of planting of native shrub vegetation along the easterly edge of the access in order to prevent soil erosion as well as paige wire and silt fencing along the access setback during construction. 63.a)The Subdivider agrees that the pedestrian trail on Block 16 and 17 shall be completed to the satisfaction of the General Manager of Parks and Recreation prior to the occupancy of Lots 4 to 10; b)It is acknowledged that these works are included in the City’s Development Charges By-law 91-314, as amended, and the City shall be responsible for 100% of the costs of the works; c)If sufficient money is not allocated for the City’s Development Charge Account to permit the City to fund these works and the Subdivider wishes to proceed, the Subdivider agrees to provide and up-front the costs of the works; d)Accordingly, the City agrees to recognize any monies paid by the Subdivider for any works or services normally paid out of the City’s Development Charge account, with such monies representing a credit towards any City Development Charge payable for each lot or block only within the registered plan. Said credit shall be granted for Development Charges payable prior to the issuance of building permits for those lots or blocks identified by the Subdivider and included in a Supplementary Agreement with the City to be registered aggainst the title of each identified lot or block; e)If, following the registration of the entire plan of subdivision and issuance of all building permits, there is any outstanding balance, it shall remain with the lands to be used as a credit for future development; f)If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for which credits are payable shall be registered for each stage prior to the registration of each stage of the plan of subdivision, until there is no outstanding balance remaining; 3.BPS 99/116 -JANET COURT / ZELLER DRIVE -ZONE CHANGE APPLICATION ZC 99/01/2/GR -SUBDIVISION APPLICATION 30T-99201 -MS CUSTOM CONTRACTORS LIMITED - GRAND RIVER WARD (CONT’D) g)When no outstanding credit balance remains, then the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMER 13, 1999- 130 -CITY OF KITCHENER Development Charges will be paid in the normal manner in accordance with the City’s By-law. 64.That a plan showing driveway locations for all lots shall be approved by the City’s Director of Planning in consultation with the City’s General Manager of Public Works, prior to the installation of services within the Plan of Subdivision. 65.That the conveyance of Blocks 16 and 17 which have a combined area of 0.502 hectares, fulfills the park dedication requirements under the Planning Act. 66.That Stage 2 of the plan of subdivision not be registered until such time as full municipal services are provided on Zeller Drive and available service the lands contained in Block 1, Stage 2. 67.The Subdivider agrees to include the following warning clause in all Offers to Purchase / Agreements of Purchase and Sale and Rental Agreements for all lots in the Plan of Subdivision, which warning clause shall not be released from title: WARNING CLAUSE Notwithstanding the fact that this property is located outside the 25 NEF (Noise Exposure Forecast) for the Waterloo Regional Airport, noise levels from the airport operations may cause concern to some individuals. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS 1)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 water supplies and wastewater treatment 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 approval, including the commitment of 3.BPS 99/116 -JANET COURT / ZELLER DRIVE -ZONE CHANGE APPLICATION ZC 99/01/2/GR -SUBDIVISION APPLICATION 30T-99201 -MS CUSTOM CONTRACTORS LIMITED - GRAND RIVER WARD (CONT’D) water supply and sewage treatment services thereto by the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMER 13, 1999- 131 -CITY OF KITCHENER 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 subject of this agreement of lease or purchase and sale will have all conditions of draft approval satisfied, including the availability of servicing, until the plan is registered.” 2)That prior to any grading or construction, and final approval for all part of the draft plan of subdivision, a consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site, at the expense of the owner. 4. OTHER AGENCY CONDITIONS 1)That prior to any grading or construction on the site and prior to registration of the plan, the owners or their agents submit the following plans and reports to the satisfaction of the Grand River Conservation Authority: a) A final Stormwater Management Report in accordance with the 1994 Ministry of Environment and Energy Report entitled “Stormwater Management Practices Planning and Design Manual”, and in keeping with the Preliminary Stormwater Management Approach as outlined in the Scoped Environmental Impact Statement and General Vegetation Overview (Ecoplans Limited – April, 1999). b) 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 minimized and silt maintained on-site throughout all phases of grading and construction. c) A detailed Lot Grading and Drainage Plan having consideration for the grading limits as indicated in the Subdivision Layout with Environmental and Tree Management Recommendations, Figure 3, last revised July, 1999. d) An application for Fill, Construction and Alteration to Waterways Regulation Permit pursuant to Ontario Regulation 149 as amended by 69/93 and 669/94 and 142/98 prior to any placement of fill or grading within the Scheduled Fill Line for the Grand River. 5. CLEARANCE CONDITIONS 1)That prior to the signing of the final plan by the City’s General Manager of Business and Planning Services, the City of Kitchener is to be advised by the Regional Commissioner of Planning and Culture that condition 3.1 and 3.2 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance 3.BPS 99/116 -JANET COURT / ZELLER DRIVE -ZONE CHANGE APPLICATION ZC 99/01/2/GR -SUBDIVISION APPLICATION 30T-99201 -MS CUSTOM CONTRACTORS LIMITED - GRAND RIVER WARD (CONT’D) letter from the Region shall include a brief statement detailing how such condition has been satisfied. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMER 13, 1999- 132 -CITY OF KITCHENER 2)That prior to the signing of the final plan by the City’s General Manager of Business and Planning Services, the City of Kitchener is to be advised by the Grand River Conservation Authority that condition 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. 6. 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 Area Municipal 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 91-91, as amended, 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 the 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. c) The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered in conjunction with a written payment calculation request 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.BPS 99/116 -JANET COURT / ZELLER DRIVE -ZONE CHANGE APPLICATION ZC 99/01/2/GR -SUBDIVISION APPLICATION 30T-99201 -MS CUSTOM CONTRACTORS LIMITED - GRAND RIVER WARD (CONT’D) 3) It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMER 13, 1999- 133 -CITY OF KITCHENER Department of Business and Planning Services of any changes in ownership, agent and phone number. 4) Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a reference plan showing the lands to be registered that are affected by the agreement and the conditions to be covered by the agreement should be provided. The fees for the preparation and registration of this agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and $50.00 respectively. 5) 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, c.P. 13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. 6) The proposed water distribution system meets the definition of a “water works” as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. 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. 7) The proposed storm water management system meets the definition of a “sewage works” as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed storm water management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of Environment and Energy for approval. 8) The proposed sanitary sewage collection system meets the definition of a “sewage works” as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of Environment and Energy for approval. 9) 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, c.P. 13, as amended by S.O. 1996, c.4 (Bill 20). 3.BPS 99/116 -JANET COURT / ZELLER DRIVE -ZONE CHANGE APPLICATION ZC 99/01/2/GR -SUBDIVISION APPLICATION 30T-99201 -MS CUSTOM CONTRACTORS LIMITED - GRAND RIVER WARD (CONT’D) 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMER 13, 1999- 134 -CITY OF KITCHENER 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 initiate preparation of the agreement. When sufficient capacity is confirmed by the Region’s Commissioner of Engineering to service the density defined by the plan to be registered, the owner/developer will be offered an “Agreement for Servicing”. This agreement will be time limited, define the servicing commitment by 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. 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 th Planner responsible for the file, no later than December 15. 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 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 It is the opinion of this Committee that approval of this application is proper planning for the City. C.That Council grant an exemption to Policy I-745 respecting sidewalks to allow for sidewalks to be provided on one side only of the extension of Janet Court to connect the existing sidewalk to the emergency access. 4BPS 99/ 134-COMMERCIAL POLICY REVIEW DRAFT STUDY -OVERVIEW AND TABLING OF DRAFT FOR PUBLIC CONSULTATION The Committee was in receipt of Business and Planning Services staff report BPS 99/134 dated September 8, 1999 providing an overview with respect to the Draft report of the Commercial Policy Review Study which was attached. It was noted in the report that at Council’s request a 4BPS 99/ 134-COMMERCIAL POLICY REVIEW DRAFT STUDY -OVERVIEW AND TABLING OF DRAFT FOR PUBLIC CONSULTATION (CONT’D) review of the City’s Commercial Structure was undertaken including a fairly detailed assessment of current inventory and future needs. The study advances a new policy approach to commercial land use planning and the Department proposes a short but thorough public consultation process to seek input into the proposed new approach. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMER 13, 1999- 135 -CITY OF KITCHENER Ms. C. Ladd provided a brief comment on the report noting that staff were intent on bringing the matter back to the October 25, 1999 meeting of the Planning and Economic Development Committee for consideration. She noted that the contents of the report were partially related to a number of commercial application, for which an Ontario Municipal Board Hearing has been nd scheduled for November 22. It was staff’s hope that the Commercial Policy review may serve to assist in resolution of the Ontario Municipal Board Appeals. As well, she indicated that Planning staff were highly supportive of the direction outlined in the review study. Councillor T. Galloway noted that he had been appointed to sit on the project team dealing with this matter and stated that in his view the proposal represented a radical change. He noted that it should compliment the downtown but asked that consideration be given to the matter of derelict plazas as to whether or not the proposed change would accelerate deterioration processes. On motion by Councillor J. Ziegler - It was resolved: “That Council receive the ‘draft’ Commercial Policy Review Study prepared by Royal LePage Strategic Advisory Services and The Planning Partnership; and further, That the Department of Business and Planning Services be directed to circulate the draft report for discussion with the business community and interested parties and finally, to make every effort to present the final study, together with public comments , to Planning “ and Economic Development Committee at their meeting of October 25, 1999. 5.SPECIAL MEETING – TUESDAY SEPTEMBER 21, 1999 Councillor C. Weylie, Chair reminded members of the Committee that a Special Meeting of the Planning and Economic Development Committee was previously called for Tuesday September 21, 1999 commencing at 7:00 p.m. 6.LIGHTING ISSUES RE: GATEWAY PARK Councillor J. Haalboom raised concerns respecting lighting in Gateway Park and whether or not the illuminated signage conformed with site plans for the development. She commented that she found the purple lighting of the Silver City to be offensive and noted that it remained on all night and was impacting adjacent residences. She questioned what action could be taken to resolve this. Mr. B. Stanley responded that staff would undertake to ensure compliance with any lighting plans for this site; however, he did acknowledge that this has already been looked at. Ms. C. Ladd noted that while the lighting appears to comply with the lighting plans, staff previously brought concerns to the developer who then made some adjustments to the property lighting. She indicated that staff could again bring the matter to the attention of the developer. Following other comments, Mr. J. Witmer commented that the neighbours found themselves to be impacted by the development in comparison to the fact that the property was previously undeveloped and they were not affected by any lighting previous to the current development. Accordingly, they have been impacted by a dramatic change by comparison. 7.DREAM HOMES MAGAZINE ARTICLE Councillor C. Weylie asked that Committee members take note of an article entitled ‘Dream Homes’ that appeared in Chatelaine Magazine and would be available in her office for perusal. She noted that the article dealt with the old fashioned grid system of development and requested that staff look into the rules and regulations that are established in those areas with this form of development. 8.BPS 99/132-MCINTYRE DRIVE, HURON BUSINESS PARK, PHASE II -OFFER TO PURCHASE - SITE 95 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMER 13, 1999- 136 -CITY OF KITCHENER -JOSEF SUKOLA - SOUTH WARD The Committee was in receipt of Business and Planning Services staff report BPS 99/132dealing with Site 95 in Phase II of Huron Business Park. Mr. J. Shivas, City Solicitor requested that this matter be considered in In-camera session. On motion by Mayor C. Zehr - It was resolved: “That an in-camera meeting be held immediately to consider a matter subject to solicitor - client privilege.” The Committee recessed at 4:12 p.m. and re-convened at 4:35 p.m. following an in-camera meeting. On motion by Councillor J. Ziegler - It was resolved: “That Business and Planning Services staff report BPS 99/132 (Restrictive Covenants – McIntyre Drive, Site 95, Huron Business Park, Phase II) be deferred and referred to the ” September 20, 1999 Council meeting for consideration. 9.ADJOURNMENT On motion, the meeting adjourned at 4:36 p.m. L.W. Neil, AMCT Assistant City Clerk