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HomeMy WebLinkAboutPlng & Econ Dev - 2000-06-26PED\2000-06-26 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26~ 2000 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:33 p.m. under Councillor C. Weylie, Chair with the following members present: Mayor C. Zehr and Councillors M. Yantzi, J. Ziegler, K. Taylor-Harrison, G. Lorentz, T. Galloway, J. Haalboom and John Smola. Councillor B. Vrbanovic entered the meeting shortly after its commencement. Officials Present: Ms. C. Ladd, J. Given, T. Malone-Wright, L. MacDonald, and P. Bacon and Messrs. J. Gazzola, J. Shivas, B. Stanley, Z. Janecki, G. Richardson, D. Mansell, L. Masseo, G. Borovilos, D. Corks and L.W. Neil. 1. BPS-00-083 BERMING ON BLEAMS ROAD The Committee was in receipt of the above referenced Business and Planning Services Department report dated June 21, 2000 providing information as to options that are available to construct a berm on lands owned by the City in Huron Business Park which abut Bleams Road. It was noted that at the May 29, 2000 Planning and Economic Development Committee meeting staff were asked to consider the possibility of including a berm on the south side of Bleams Road, either as a condition of development or as a city initiated project. Ms. P. Bacon provided a presentation of the issue and options outlined in the staff report. She responded to questions from Councillor T. Galloway regarding the options and Mr. J. Witmer subsequently clarified that the by-law requires a 3:1 slope for maintenance purposes of such berms. On motion by Councillor T. Galloway: It was resolved: "That 'option one' as outlined in the Department of Business and Planning Services staff report BPS-00-083 be employed as a method to construct a berm utilizing a 3:1 slope on sites 154, 135 and 132 which are the only remaining lots that have flankage onto Bleams Road in the Huron Business Park." BPS-00-059 176 VICTORIA STREET NORTH -ZONE CHANGE APPLICATION ZC 00/06/V/ZJ WSIB CLAIMS CONSULTANTS INC. - BRIDGEPORT-NORTH WARD The Committee considered the above Business and Planning Services report dated June 14, 2000 dealing with a Zone Change Application submitted by W.S.I.B. Claim Consultants Inc. with respect to the property known municipally as 176 Victoria Street North which is located between Ahrens Street and Margaret Avenue and has frontage of 17.45 metres along Victoria Street. The purpose of the rezoning is to allow 100% of the gross floor area of the building to be used for office, rather than the 25% normally permitted under the Service Commercial Zone C-6. Attached to the staff report was a proposed by-law dated May 10, 2000. 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 noted that the title page of the staff report incorrectly referred to the property as 162 Victoria Street North, rather than 176 and clarified that the advertisement that was placed with respect to this application had correctly referred to 176 Victoria Street North. She provided an explanation of the purpose of the application and advised that staff had nothing further to add. Mr. Steve Sulkowski appeared as a delegation in support of the recommendation in the staff report. No other delegations were registered respecting this matter. On motion by Councillor John Smola: It was resolved: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 - 93 - CITY OF KITCHENER 2. BPS-00-059 176 VICTORIA STREET NORTH -ZONE CHANGE APPLICATION ZC 00/06/V/ZJ -WSIB CLAIMS CONSULTANTS INC. - BRIDGEPORT-NORTH WARD (CONT'D) "That Zone Change Application ZC O0106NIZJ (176 Victoria Street North-WSlB Claim Consultants Inc.), requesting a change in zoning to add Special Regulation Provision 328R to lands zoned Service Commercial Zone (C-6) with Special Use Provision 3U, on lands legally described as Part of Lot 23, Registered Plan 374, be approved in the form shown in the attached "Proposed By-law", dated May 10, 2000, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan." BPS-00-056 925-945 KING STREET EAST ZONE CHANGE APPLICATION ZC 00/09/K/GR CANADIAN TIRE CORPORATION LTD. DEVELOPMENTS LTD. ROCKWAY - VICTORIA WARD / ARMOUR HEIGHTS The Committee was in receipt of the above Business and Planning Services staff report dated May 19, 2000, dealing with a Zone Change Application submitted by Canadian Tire Corp. Ltd. / Armour Heights Developments Ltd. with respect to the property known municipally as 925-945 King Street East. The former Canadian Tire store is situated on the subject parcel, which is approximately 0.7 hectares in size and is bounded by King Street to the east, Borden Street to the south and Charles Street to the west. The proposed zoning change would allow development of the easterly portion of the subject lands with a commercial/office building and the westerly portion of the subject lands with a restaurant having a drive-through. It is intended that the vacant building on the site be demolished to facilitate the redevelopment proposal. A proposed by-law dated May 19, 2000 was attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Ms. C. Ladd provided an explanation of the staff report and circulated a revised proposed by-law dated June 13, 2000 which reflects deletion of a clause dealing with a holding provision contained in the May 19th by-law. She also noted that Mr. V. Labreche would be requesting an additional revision to the proposed by-law dated June 13, 2000. Mr. V. Labreche, Planning and Engineering Initiatives Ltd., appeared as a delegation on behalf of the applicant in support of his correspondence dated June 20, 2000 circulated with the agenda. His letter acknowledges revision of the by-law to remove reference to a holding provision which staff have addressed. He also requested that the proposed by-law dated June 13, 2000 be further revised by deleting Clause 4 of the by-law as it was now redundant. No other delegations were registered respecting this matter. The staff recommendation was then considered as well as the further revision requested to the proposed by-law dated June 13, 2000. On motion by Councillor M. Yantzi: It was resolved: "That Zone Change Application ZC 00/09/K/GR (925-945 King Street East - Canadian Tire Corporation Limited / Armour Heights Developments Limited), requesting a change in zoning from "Commercial Residential Four Zone (CR-4)" to "Commercial Residential Four Zone (CR-4), Special Regulation Provision 337R", and to "Commercial Residential Four Zone (CR-4), Special Regulation Provisions 1R and 337R", on lands legally described as Part of Lot25, Registered Plan 404, be approved, in the form shown in the attached "Proposed By-law", dated June 13, 2000, as revised June 26, 2000 to delete Clause 4 of PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 - 94 - CITY OF KITCHENER = the By-law, without conditions. BPS-00-056 925-945 KING STREET EAST ZONE CHANGE APPLICATION ZC 00/09/K/GR CANADIAN TIRE CORPORATION LTD. DEVELOPMENTS LTD. ROCKWAY - VICTORIA WARD (CONT'D) / ARMOUR HEIGHTS It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan." = BPS-00-073 CITY WIDE ZONING REVISION TO INDUSTRIAL AND BUSINESS PARK ZONES TO PERMIT BIOTECHNOLOGICAL ESTABLISHMENTS ZONE CHANGE APPLICATION ZC O01231TCIBH (CITY INITIATED) The Committee was in receipt of the above Business and Planning Services Department report dated June 9, 2000 dealing with a city initiated Zone Change Application to define Biotechnological Establishment in the Zoning by-law and to add same as a permitted use in certain industrial and business park zones. A proposed by-law dated June 14, 2000 was attached to the staff report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Ms. C. Ladd provided an overview of the purpose of the report and advised that staff had nothing further to add. On motion by Councillor J. Ziegler: It was resolved: "That Zone Change Application ZC 00/23/TC/BH (City Wide - City Initiated), proposing to define Biotechnological Establishment in Zoning By-law 85-1, and add Biotechnological Establishment as a permitted use in the General Industrial Zone (M-2), Service Industrial Zone (M-3), Heavy Industrial Zone (M-4), Business Park Zone (B-l), Restricted Business Park Zone (B-2), Business Park Service Centre Zone (B-3), and Commercial Business Park Zone (B-4), be approved in the form shown in the attached "Proposed By-law", dated June 14, 2000, 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." 5. BPS-00-067 3763 KING STREET EAST ZONE CHANGE APPLICATION ZC 00/04/K/ZJ 627610 ONTARIO LIMITED (GRAND VALLEY GARDEN CENTRE) DOON-PIONEER WARD The Committee considered the above Business and Planning Services report dated June 15, 2000 dealing with a Zone Change Application submitted by 627610 Ontario Ltd. (Grand Valley Garden Centre) respecting the lands known municipally as 3763 King Street East. It was noted in the report that the purpose of the Zone Change is to legally recognize a single detached dwelling as an accessory use to the existing garden centre. It is the owners' intent to demolish the dwelling and erect a new single detached dwelling in the same location. A proposed by-law dated May 17, 2000 was attached to the staff report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Ms. C. Ladd provided a brief overview of the report and advised that staff had nothing further to add. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 - 95 - CITY OF KITCHENER 5. BPS-00-067 3763 KING STREET EAST ZONE CHANGE APPLICATION ZC 00/04/K/ZJ 627610 ONTARIO LIMITED (GRAND VALLEY GARDEN CENTRE) DOON-PIONEER WARD (CONT'D) Mr. Richard Scharringa appeared as a delegation to express support for the recommendation outlined in the staff report. No other delegations were registered respecting this matter. On motion by Councillor J. Haalboom: It was resolved: "That Zone Change Application ZC 00/04/K/ZJ (3763 King Street East - 627610 Ontario Limited [Grand Valley Garden Centre]), requesting a change in zoning to add Special Use Provision 277U to lands zoned Service Commercial Zone (C-6) with Special Regulation Provision 1R on lands legally described as Part of Lot 12, Beasley's Broken Front Concession, be approved in the form shown in the attached "Proposed By-law", dated May 17, 2000, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan." BPS-00-082 BPS-00-021 ADDENDUM TO BPS-00-021 BLEAMS ROAD (NORTH SIDE) WEST OF WESTMOUNT RD. EAST ZONE CHANGE APPLICATION ZC 971431BILM -SUBDIVISION APPLICATION 30T-97025 NORTH ESTATE FARMS LTD., SOUTH ESTATE FARMS LTD. AND ESTATE OF MORTON NORRIS - SOUTH WARD The Committee was in receipt of the above Business and Planning Services Department reports dated June 19, 2000 and May 30, 2000, respectively. The reports deal with a Zone Change Application submitted by North Estate Farms Ltd. and the Estate of Morton Norris and a Subdivision Application submitted by North Estate Farms Ltd., South Estate Farms Ltd. and the Estate of Morton Norris. The applications provide for the eventual creation of approximately 300 single detached, semi-detached and street fronting townhouse dwellings, a 0.58-hectare park and a portion of a Public elementary school site, which will be provided on adjacent lands. The subject property is comprised of approximately 11.554 hectares of land located In the Laurentian West Community north of Bleams Rd. and west of Westmount Rd. Attached to report BPS-00-021 was a proposed by-law dated May 30, 2000 to implement the proposed zoning. Comments in the staff report deal with issues of sanitary servicing, storm water management, a Westmount Road culvert, cost sharing of required infrastructure, school and park configuration, and relationship to abutting proposed plans of subdivision. 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. L. Masseo provided the Committee with a detailed explanation of the applications as well as a history of land holdings in relation to watershed issues. He referred to the matter of a temporary pumping station, noting that it would be completely funded by the developers and that only one pumping station would be authorized to serve five properties and that staff had included a condition in respect to cost sharing. He provided further comment on the flood line issue pointing out that it was caused by the backwater effect of an undersized culvert and noted that alternatively, it may be determined floodlines do not extend north of Bleams Rd. Mr. Masseo pointed out that Max Becker Enterprise had raised concerns respecting the matter of floodlines and as a result a new and a revised condition were included within the Addendum report. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 - 96 - CITY OF KITCHENER Councillor B. Vrbanovic entered the meeting at this point. Councillor T. Galloway inquired as to the costs included for sanitary service that affect two small homeowners, being Keiswetter and Hoekstra. Mr. Masseo commented that normally all BPS-00-082 ADDENDUM TO BPS-00-021 BPS-00-021 BLEAMS ROAD (NORTH SIDE) WEST OF WESTMOUNT RD. EAST ZONE CHANGE APPLICATION ZC 971431BILM -SUBDIVISION APPLICATION 30T-97025 NORTH ESTATE FARMS LTD., SOUTH ESTATE FARMS LTD. AND ESTATE OF MORTON NORRIS - SOUTH WARD (CONT'D) landowners were informed but initially these two properties were missed but picked up later in the process. He commented that if they opt out of the pumping station costs, they may have to wait years in order to hook up to a sewage system. Mr. Mansell confirmed that the temporary pumping station would be built with or without the involvement of the owners of the two small properties. Mr. Richard Hardie appeared as a delegation on behalf of Norris-Sternberg in support of his letter dated June 22, 2000 circulated with the agenda as well as the recommendations in the staff report. He distributed additional maps of the proposed subdivision. Mr. Ron Hoekstra appeared as a delegation as one of the two home owners affected by the development. He commented that there was no reason for his property to be included in the cost sharing allocation for the pumping station. Following discussion it was noted that the two small home owners were not being forced into cost sharing and were free to opt out. Mr. J. Witmer suggested that the home owners analyze their personal situation as to the state of their existing septic systems, and compare the cost of a new system, should it be necessary, with the cost of participation in the temporary pumping station. Mayor C. Zehr requested that staff meet with the two home owners to outline their options in this regard in order to allow them to make an informed decision as to future participation in the cost of the temporary pumping station. Mr. L. Masseo commented that if the two homeowners were included in the temporary pumping station agreement, it would be on the basis of one dwelling unit and not reflect ultimate development potential. Mr. Bob Kieswetter appeared as a delegation and advised that he jointly owned the other small property and it was their hope to achieve future development. He indicated that he had concern with the percentage development cost being allocated and did not want it to be limiting factor of development. Further, he advised that he had just found out details related to this issue. Mr. L. Masseo noted that ultimate allocation of the Kieswetter lands would be based on limits set out in the Municipal Plan. He acknowledged that a portion of the lands encompassed Convenience Commercial Zoning and pointed out that commercial sewage flow rates were substantially different than residential and are arrived at in a different formula, which could be worked out later. Mr. Craig Robson appeared as a delegation representing Max Becker Enterprises and Harding et al. He referred to the percentage sharing of the temporary pumping station and commented that the two small landowners were caught with little information in this regard. Further, he indicated that he had no idea where the percentage allocation originated from and asked that the interest of the small landowners be respected with respect to this issue. He indicated that it was his wish to meet with all parties and develop a solution relative to the proportionate cost to be assessed for the temporary pumping station. Mr. Robson noted that Max Becker Enterprises was in need of a number of services that are on, or beyond the Norris-Sternberg lands and that if there was delay in the development of those lands, his clients lands could not develop. He expressed concerns respecting additions 81b, 81d and 87 and advised that his client wishes to be involved in discussions respecting the percentage allocation, which he suggested involve only the three largest land owners on the basis of respect for the wishes of the two smaller owners at a later date. Accordingly, he asked that conditions 81b, 81d and 87 be deferred to allow for the parties and staff to further discuss the issues. Mr. L. Masseo noted that the percentage allocation was based on detailed population analysis of Laurentian West and information relating to this matter was provided to all the major land owners. Mr. P. Britton, McNaughton Hermsen Britton Clarkson, appeared as a delegation and commented PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 - 97 - CITY OF KITCHENER that since the original population analysis was done, a draft plan had been submitted and the numbers were now more refined and should be reviewed. 6. BPS-00-082 BPS-00-021 ADDENDUM TO BPS-00-021 BLEAMS ROAD (NORTH SIDE) WEST OF WESTMOUNT RD. EAST ZONE CHANGE APPLICATION ZC 971431BILM -SUBDIVISION APPLICATION 30T-97025 NORTH ESTATE FARMS LTD., SOUTH ESTATE FARMS LTD. AND ESTATE OF MORTON NORRIS - SOUTH WARD (CONT'D) Mr. Chris Oberholt, appearing on behalf of the applicant, commented that the percentage allocation was based on 1998 projections and that the numbers were circulated to developers and approved by them. It was his view that Condition 81 allows staff to adjust the percentage allocation. He advised that discussion could take place with the two small landowners at the detailed design stage at which time they would have a number of options available to them as to their participation. Mr. R. Hardie noted that his clients' land represented only a small development which formed a natural extention of adjacent development and that the addendum staff report satisfies concerns that had been raised. It was his view that staff had produced conditions that allowed for flexibility to address issues. His clients' concern was to receive assurances that they would be reimbursed and receive some security for the expenditures required. In summary, he commented that he considered the subdivision conditions to be fair and equitable. Mr. Hardie responded to questions from Councillor J. Ziegler dealing with the agreement between the parties and the level of co- operation. No other delegations were registered respecting this matter. Further discussion took place and Ms. C. Ladd commented that it was staff's position that a reasonable approach was being proposed to what was the last step In the process. On motion by Councillor T. Galloway: It was resolved: "That the following be approved, exceptin.q recommendations B. 81b), 81d), and 87, which are deferred to allow for further discussions amonq land owners and referred to the July 4, 2000 Council meetinq for consideration: That Zone Change Application 97/43/B/LM (Bleams Road - North Estate Farms Ltd. and Estate of Morton Norris) requesting to change the zoning from Agricultural Zone (A-l) according to Zoning By-law 85-1 to Residential Four Zone (R-4) with Special Regulation Provision 286R, Residential Four Zone with Special Regulation Provision 324R, Residential Six Zone (R-6), Neighbourhood Institutional Zone (I-1), and Public Park Zone (P-l) all according to Zoning By-law 85-1, on lands legally described as Part of Lot 1, Registrar's Compiled Plan 1470, be approved in the form shown in the attached "Proposed By-law", dated May 30, 2000, 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. 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-97025 in the City of Kitchener for North Estate Farms Ltd., South Estate Farms Ltd. and Estate of Morton Norris, subject to the following conditions: That this approval applies to Plan of Subdivision 30T-97025 for North Estate Farms Ltd., South Estate Farms Ltd. and Estate of Morton Norris as shown on the plan prepared by Richard A. Hardie & Associates, Drawing No. 383- 205, dated (revised) May 30, 2000 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated May 30, 2000, which PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 6. BPS-00-082 BPS-00-021 - 98 - CITY OF KITCHENER shows the following: ADDENDUM TO BPS-00-021 BLEAMS ROAD (NORTH SIDE) WEST OF WESTMOUNT RD. EAST ZONE CHANGE APPLICATION ZC 971431BILM -SUBDIVISION APPLICATION 30T-97025 NORTH ESTATE FARMS LTD., SOUTH ESTATE FARMS LTD. AND ESTATE OF MORTON NORRIS - SOUTH WARD (CONT'D) Stage One Blocks 1 - 3 Blocks 4, 5 maximum 41 units single and semi-detached 0.3 metre reserve Stage Two Blocks 1-5 Blocks 6-9 Block 10 Block 11 Block 12 Block 13 Block 14 Block 15 Block 16, 17 Blocks 18, 19 maximum 224 units single and semi-detached multiple residential school park walkway open space/SWM access storm water management temporary pumping station future development 0.3 metre reserves 2. CITY OF KITCHENER CONDITIONS: That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined in the attached Plan of Subdivision and that the following special conditions 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 May 26, 2000, provided that plans showing lotting within any residential block shall be permitted in accordance with Section 62, and/or 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. That the Subdivision may be registered in two (2) stages as follows: a) Stage 1 consisting of Blocks 1through 5 inclusive; and, b) Stage 2 consisting of Blocks 1 through 19 inclusive. 53. That prior to any grading or construction on site or registration of any stage of the plan, the Subdivider agrees 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 Community Services, the Regional Municipality of Waterloo and the Grand River Conservation Authority. 54. That prior to any grading or construction on site or registration of any stage of the plan, to submit a detailed engineering design for storm water management in accordance with the approved concept plan to be approved by the City's General Manager of Public Works in PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 6. BPS-00-082 BPS-00-021 - 99 - CITY OF KITCHENER consultation with the City's General Manager of Community Services, the Regional Municipality of Waterloo and the Grand River ADDENDUM TO BPS-00-021 BLEAMS ROAD (NORTH SIDE) WEST OF WESTMOUNT RD. EAST ZONE CHANGE APPLICATION ZC 971431BILM -SUBDIVISION APPLICATION 30T-97025 NORTH ESTATE FARMS LTD., SOUTH ESTATE FARMS LTD. AND ESTATE OF MORTON NORRIS - SOUTH WARD (CONT'D) Conservation Authority. Said engineering design shall include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on-site both during and after grading and construction stages. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 55. That the names of the streets within the Plan shall be those shown on the Plan of Subdivision. 56. That construction traffic to and from the proposed subdivision shall be restricted to using Max Becker Drive to Fischer-Hallman Road and Commonwealth Drive and Isabella Street to Bleams Road. 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 City's Director of Transportation Services. 57. To construct 1.5 metre wide concrete sidewalks along both sides of all streets within the Plan of Subdivision, to the satisfaction of the City's General Manager of Public Works. The Subdivider further agrees to make financial arrangements to the satisfaction of the City's General Manager of Public Works for the installation of a 1.5 metre wide concrete sidewalk along the entire length of Bleams Road abutting the Plan of Subdivision. 58. 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 issuance of building permits within the Plan of Subdivision. The Subdivider further agrees to pair all driveways for all residential lots with less than 9.0 metres of width which do not use the 0 metre side yard concept within the Subdivision Plan, where possible, in order to maximize on-street parking opportunities and boulevard landscaping areas. 59. 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 Subdivider shall review the Commission's engineering drawings and shall be responsible for ensuring that these separations are maintained. 60. That the five percent parkland dedication required for the entire plan of subdivision, being 0.5777 hectares, shall be satisfied by the conveyance of Block 11 (Stage 2). 61. That prior to the installation of services for the development of Iotless blocks, to submit a draft reference plan for each such lot or block, and obtain approval of the draft reference plan from the City's Director of Planning and General Manager of Public Works, and the Commission's Engineer. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 6. BPS-00-082 BPS-00-021 - 100 - CITY OF KITCHENER 62. That, within each stage, the final plan for registration shall show all lots intended for development as single detached, semi-detached or ADDENDUM TO BPS-00-021 BLEAMS ROAD (NORTH SIDE) WEST OF WESTMOUNT RD. EAST ZONE CHANGE APPLICATION ZC 971431BILM -SUBDIVISION APPLICATION 30T-97025 NORTH ESTATE FARMS LTD., SOUTH ESTATE FARMS LTD. AND ESTATE OF MORTON NORRIS - SOUTH WARD (CONT'D) duplex dwellings and a Supplementary Agreement, identifying all lots by reference to each affected block as shown n the attached Plan of Subdivision dated May 26, 2000, shall be registered for each stage prior to the registration of each stage of the Plan of Subdivision, but no further Ministerial approval shall be required to facilitate final lotting. This condition shall not apply in the event that the plan is to be registered prior to approval of servicing plans. 63. 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 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 6. BPS-00-082 BPS-00-021 - 101 - CITY OF KITCHENER Commission's Engineer; ADDENDUM TO BPS-00-021 BLEAMS ROAD (NORTH SIDE) WEST OF WESTMOUNT RD. EAST ZONE CHANGE APPLICATION ZC 971431BILM -SUBDIVISION APPLICATION 30T-97025 NORTH ESTATE FARMS LTD., SOUTH ESTATE FARMS LTD. AND ESTATE OF MORTON NORRIS - SOUTH WARD (CONT'D) 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 approved draft reference plan as set out above, from the City's Director of Building, Zoning and Inspections. 64. That all zero side yard housing shall provide 1.5 metre wide easements for maintenance and an easement allowing a maximum encroachment of 0.3 metres for eaves. The Subdivider further agrees that the registration of such easements shall occur by way of grants of easement and a reference plan to be deposited at the time of the sale of either the lot granting the easement or the lot to be granted the easement. Prior to the issuance of any building permits the Subdivider shall provide a confirmation letter to the City's General Manager of Business and Planning Services which verifies that the reference plan has been deposited and the easement documents have been prepared, worded and registered to the satisfaction of the City Solicitor. This condition shall be regarded as part of the Minister's draft approval conditions and as such, consent applications shall not be required for the establishment of such maintenance or eave encroachment easements. 65. To identify concrete transit pads at all planned transit stop locations on the engineering servicing drawings, to the satisfaction of the Regional Municipality of Waterloo. The Subdivider shall be responsible for the installation of said concrete transit pads at the time of sidewalk installation within each stage of the Plan of Subdivision, to the satisfaction of the City's General Manager of Public Works. 66. To provide a planting strip having a minimum width of 4.6 metres and a 1.8 metre high chain link fence for all lots abutting Bleams Road (Regional Road 56). Said planting strip is to be developed at the Subdivider's cost in accordance with plans/drawings approved by the City's General Manager of Business and Planning Services, 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/Agreement of Purchase and Sale of lots in which the required planting strip has not been installed due to winter conditions. Further, if physical noise attenuation barriers are required in accordance with Section 50. above, installation of said barrier shall substitute for the planting strip requirement. 67. That prior to the issuance of any building permits within the plan, and as soon as possible following the placement of the first course of asphalt on a road, to erect temporary street name signs and emergency access signs, in the subdivision, all at the cost of the Subdivider and to the satisfaction of the City's Chief Fire Prevention PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 6. BPS-00-082 BPS-00-021 - 102 - CITY OF KITCHENER ADDENDUM TO BPS-00-021 BLEAMS ROAD (NORTH SIDE) WEST OF WESTMOUNT RD. EAST ZONE CHANGE APPLICATION ZC 971431BILM -SUBDIVISION APPLICATION 30T-97025 NORTH ESTATE FARMS LTD., SOUTH ESTATE FARMS LTD. AND ESTATE OF MORTON NORRIS - SOUTH WARD (CONT'D) Officer. 68. That landscape plans of the proposed storm water management facility shall be approved by the General Manager of Community Services and the Grand River Conservation Authority prior to the registration of the plan of subdivision. All such landscaping shall be installed at the Subdivider's cost, in accordance with the approved plan. All landscaping of areas above the 5 year storm level shall be installed during the first planting season after occupancy of the first unit. The remainder of the planting shall commence at such time as required by the General Manager of Parks and Recreation. The Subdivider shall maintain the planting for a period of one year from the completion of final planting. Landscape plans are to be prepared by an Environmental Professional acceptable to the City. 69. That prior to the Department of Public Works accepting storm water management ponds as shown on the approved landscape plan, the Subdivider agrees to erect one or more information signs at the public access(es) detailing the purpose of the pond, telephone number for further information and any other relevant information, to be approved by the General Manager of Community Services. 70. To obtain from the Grand River Conservation Authority, if necessary, 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 service and prior to the City's release any stage of the Subdivision Plan for registration. 71. To undertake any measure required to ensure proper water pressure to the proposed development, to the satisfaction of the City's Chief Building Official or the City's General Manager of Public Works. That in addition to the standard requirements and the general conditions outlined above, the following special conditions shall also apply to Stage 1. 72. The registration and development of Stage 1, if not registered and developed concurrently with Stage 2, shall only occur concurrently with or subsequent to the registration and development of both Stage 5 of Draft Plan of Subdivision 30T-95015 (Activa Development Corporation) to the west and the appropriate stage of Draft Plan of Subdivision 30T-96005 (Max Becker Enterprises Limited) to the east to ensure proper servicing and means of access are provided. 73. That, if necessary, the City Solicitor shall arrange for a By-law to be presented to City Council, to open 0.3 metre reserve Block 15 (Stage 5) at the easterly terminus of Max Becker Drive within draft plan of subdivision 30T-95015 (Activa Development Corporation) and the 0.3 metre reserve block at the westerly terminus of Max Becker Drive within draft plan of subdivision 30T-96005 (Max Becker Enterprises Limited), as "public highway", at such time as Stage 1 of this Plan has been registered and Max Becker Drive has been constructed within this plan as well as Draft Plan of Subdivisions 30T-95015 and 30T- 96005, has been accepted, and is open to public vehicular traffic to the satisfaction of the City's General Manager of Public Works. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 6. BPS-00-082 BPS-00-021 - 103 - CITY OF KITCHENER ADDENDUM TO BPS-00-021 BLEAMS ROAD (NORTH SIDE) WEST OF WESTMOUNT RD. EAST ZONE CHANGE APPLICATION ZC 971431BILM -SUBDIVISION APPLICATION 30T-97025 NORTH ESTATE FARMS LTD., SOUTH ESTATE FARMS LTD. AND ESTATE OF MORTON NORRIS - SOUTH WARD (CONT'D) 74. That 0.3 metre reserves may be required to facilitate the staging of the plan and all 0.3 metre reserves shall be shown on the final plan(s) for registration. The City shall be responsible for the passing of a by-law opening said reserves as "public highway" following the registration of subsequent stages of the plan, the completion of the road works and the opening of roads to vehicular traffic, to the satisfaction of the City's General Manager of Public Works. Reserves are not required between abutting stages registered concurrently. In addition to the standard requirements and general conditions outlined above, the following special conditions shall apply to Stage 2. 75. That Stage 2 may only be registered concurrently with, or subsequent to, the registration and development of Stage 1. 76. That further to Condition 72 above, Stage 2 may be registered and developed concurrently with Stage 1, provided such registration and development is contingent upon registration and development of either, Stage 5 of Draft Plan of Subdivision 30T-95015 (Activa Development Corporation), or, Draft Plan of Subdivision 30T-96005 (Max Becker Enterprises Limited), whichever is occurs first. 77. That prior to the registration of Stage 2, the Subdivider shall implement the required permanent Storm Water Management plan as provided for in Section 54 above. The Subdivider further agrees that there shall be one permanent storm water management pond for all the lands within the Middle Strasburg Creek drainage shed, located north of Bleams Road, east of draft plan of subdivision 30T-95015 (Activa Development Corporation), and west of Fischer-Hallman Road. The storm water management pond may be constructed in two stages, to the satisfaction of the City's General Manager of Public Works, to accommodate individual development areas contributing to this facility, provided that a permanent outlet is established with the first stage of the pond. The ultimate storm water management pond for the area shall be located partially within Block 14 (Stage 2) and partially on adjacent lands, within draft plan of subdivision 30T-96006 (Harding, et. al.), with one fixed outlet. 78. To convey to the City of Kitchener, at no cost and free of encumbrance, concurrent with the registration of Stage 2 of the Plan of Subdivision: a) b) c) d) Block 11 (Stage 2) for park purposes; Block 13 (Stage 2) for open space purposes/storm water management access; Block 14 (Stage 2) for storm water management purposes; and Blocks 18 and 19 (Stage 2) for 0.3 metre reserves. 79. To convey Block 15 (Stage 2) for temporary sanitary pumping station purposes, at no cost and free of encumbrance, concurrent with the registration of Stage 2 of the Plan of Subdivision. At such time that Block 15 is no longer necessary due to the availability of the Middle 6. BPS-00-082 ADDENDUM TO BPS-00-021 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 BPS-00-021 6. BPS-00-082 - 104 - CITY OF KITCHENER BLEAMS ROAD (NORTH SIDE) WEST OF WESTMOUNT RD. EAST ZONE CHANGE APPLICATION ZC 971431BILM -SUBDIVISION APPLICATION 30T-97025 NORTH ESTATE FARMS LTD., SOUTH ESTATE FARMS LTD. AND ESTATE OF MORTON NORRIS - SOUTH WARD (CONT'D) Strasburg Sanitary Trunk Sewer to service the development, the City agrees to re-convey Block 15 (Stage 2) to the Subdivider without cost and hereby declares Block 15 (Stage 2) surplus to its needs. 80. To dedicate to the City of Kitchener free of encumbrance, through plan registration, Block 12 (Stage 2) for public walkway purposes. 81. a) That prior to the issuance of building permits for Stage 2 of the Plan of Subdivision, to provide the physical and financial resources, to the satisfaction of the City's General Manager of Public Works, for the design, construction and ultimate decommissioning of a temporary sanitary sewage pumping station, forcemain and all related appurtenances thereto, including the potential for holding tanks and adequate land area for the pumping station. b) The Subdivider further agrees that in order to facilitate the ultimate development and sharing of expenses for the sanitary sewage pumping station, forcemain and all related appurtenances, as described in (a) above, that proportional costs for individual benefitting land owners shall be calculated on the basis of contributing population, as follows: - North Estate Farms Ltd. and Estate of Morton Norris (30T- 97025) - 35.3% - Max Becker Enterprises Limited (30T-96005) - 48.2% - Harding, et. al. (30T-96006) - 13.4% - Kieswetter (1201 Westmount Rd. E.)- 1.6% - Hoekstra (1193 Westmount Rd. E.)- 1.6% c) The Subdivider further agrees that the sanitary sewage pumping station, forcemain and all related appurtenances shall be installed, accepted and fully operational, to the satisfaction of the City's General Manager of Public Works, prior to the issuance of building permits within any stage of the Plan of Subdivision which requires such facilities. Provided however, that conditional building permits may be issued if the sanitary pumping station is substantially complete to the satisfaction of the City's General Manager of Public Works, in which case no occupancy of any dwelling shall be permitted prior to acceptance of said works. d) The Subdivider further agrees that in the event such facilities have been previously installed as part of the servicing of another contributing property, the Subdivider shall, prior to the issuance of building permits, including conditional building permits, within those stages of the plan of subdivision which require such facilities, pay to the City of Kitchener his fair share of the final tendered cost of the facilities, in accordance with (b) above. The City shall in turn transfer such funds to the land owner who first provided the facilities. 82. That Block 10 (Stage 2), together with adjacent lands within Draft Plan of Subdivision 30T-96005 (Max Becker Enterprises Limited) are ADDENDUM TO BPS-00-021 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 BPS-00-021 6. BPS-00-082 BPS-00-021 - 105 - CITY OF KITCHENER BLEAMS ROAD (NORTH SIDE) WEST OF WESTMOUNT RD. EAST ZONE CHANGE APPLICATION ZC 971431BILM -SUBDIVISION APPLICATION 30T-97025 NORTH ESTATE FARMS LTD., SOUTH ESTATE FARMS LTD. AND ESTATE OF MORTON NORRIS - SOUTH WARD (CONT'D) intended for a future public elementary school site. The Subdivider agrees that no building permits shall be issued for Block 10 (Stage 2) until the Waterloo Region District School Board has either made arrangements to acquire said block or has determined that said block is not required for school purposes. The Subdivider further agrees that, in the event that Block 10 (Stage 2) is not required for school purposes, no building permits shall be issued for said block until the lands have been considered in conjunction with the abutting lands within Draft Plan of Subdivision 30T-96005 and further planning approvals have been received. 83. The Subdivider agrees to fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod Blocks 11 and 13 (Stage 2) to the satisfaction of the City's General Manager of Community Services. Grading plans and implementation within Block 11 and 13 (Stage 2) shall include making grading allowance for 3 metre wide flat areas for future community trail link purposes. All works required of the Subdivider by this section shall be completed in conjunction with the timing of grading of surrounding residential development not to exceed two (2) years from the registration of Stage 2 of the subdivision plan or at any alternate time approved in writing by the City's General Manager of Community Services. 84. To construct a community trail/pedestrian trail within Block 13 (Stage 2) to the satisfaction of the City's General Manager of Community Services prior to the occupancy of dwelling units within Stage 2. It is acknowledged that these works, including design expenses, are included in the City's Development Charge By-law 99-106, as amended, and the City shall be responsible for 100% of the cost of these works. If sufficient money is not allocated from the appropriate City Development Charge Account(s) to permit the City to fund these works and the Subdivider wishes to proceed, the Subdivider agrees to provide and up-front the cost of these works. 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 that portion of the applicable Development Charge with respect to the engineering services required to be paid 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 against the title of each identified lot or block. 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. ADDENDUM TO BPS-00-021 BLEAMS ROAD (NORTH SIDE) WEST OF WESTMOUNT RD. EAST PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 6. BPS-00-082 BPS-00-021 - 106 - CITY OF KITCHENER ZONE CHANGE APPLICATION ZC 971431BILM -SUBDIVISION APPLICATION 30T-97025 NORTH ESTATE FARMS LTD., SOUTH ESTATE FARMS LTD. AND ESTATE OF MORTON NORRIS - SOUTH WARD (CONT"D) When no outstanding credit balance remains, then the Development Charges will be paid in the normal manner in accordance with the City's By-law. 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, or alternatively, the City shall enter into an agreement with the Subdivider, under Section 40 of the Development Charges Act, to enable the transfer of Development Charge credits to other benefiting lands within the community, subject to satisfactory arrangements being made between all parties. 85. The Subdivider agrees that access to Block 9 (Stage 2) shall be permitted only from Isabella Street and that no access shall be permitted from Commonwealth Drive. 86. The Subdivider agrees that no building permits shall be issued for Blocks 16 and 17 (Stage 2) until such time as the Grand River Conservation Authority has advised the City's General Manager of Business and Planning Services that the Regional floodlines have been removed, appropriate modifications to the draft approval have been approved by the City of Kitchener and the Regional Municipality of Waterloo, and 0.3 metre reserve Block 19 (Stage 2) has been opened by by-law as "public highway". 87. The Subdivider agrees that in the event that Draft Plan of Subdivision 30T-96005 (Max Becker Enterprises Limited) proceeds to develop and register prior to the registration of Stage 2 and prior to the removal of the floodlines from Blocks 16 and 17 (Stage 2), to convey to the City of Kitchener an easement over Commonwealth Drive through Block 16 (Stage 2) to facilitate the extension of a sanitary sewer outlet from draft plan of subdivision 30T-96005. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS: That the owner agrees to stage the development of this subdivision in a manner satisfactory to the Regional Commissioner of Planning and Culture. That the plan submitted for final approval shall incorporate a lot pattern for all blocks in which single detached and semi-detached lots are permitted, at a density not exceeding the density identified in the draft approval conditions. 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 ADDENDUM TO BPS-00-021 BLEAMS ROAD (NORTH SIDE) WEST OF WESTMOUNT RD. EAST PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 6. BPS-00-082 BPS-00-021 - 107 - CITY OF KITCHENER ZONE CHANGE APPLICATION ZC 971431BILM -SUBDIVISION APPLICATION 30T-97025 NORTH ESTATE FARMS LTD., SOUTH ESTATE FARMS LTD. AND ESTATE OF MORTON NORRIS - SOUTH WARD (CONT'D) 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 water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale will have all conditions of draft approval satisfied, including the availability of servicing, until the plan is registered." That the subdivision agreement be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the regional Commissioner of Planning and Culture prior to final approval of the subdivision plan. That prior to final approval, the owner shall obtain a Certificate of Approval pursuant to the provisions of Section 9 of the Environmental Protection Act, R.S.O. 1990, as amended for the proposed temporary sewage pumping station located on lands on the south side of Bleams Road, adjacent to this plan. The Certificate of Approval will assess the impact of noise and emissions from the proposed pumping station, and indicate to the Ministry of Environment methods to be used to abate noise and emission levels to meet the guideline requirements for residential lots. The owner shall further agree to enter into an agreement, if necessary, with the City of Kitchener to provide for the implementation of any required attenuation measures stipulated under the Certificate of Approval, prior to the issuance of building permits. That the owner enter into an agreement with the City of Kitchener to include water pressure reduction devices for each dwelling unit constructed below 345 MASL, and include in the offers of purchase and rental agreements, a clause identifying the presence of the water pressure reduction devices and advising that it not be removed by the owner. That 25 foot daylighting triangles be established at the intersection of Regional Road No. 56 (Bleams Road) and Commonwealth Drive and be dedicated on the final plan as a public highway to the appropriate authority. ADDENDUM TO BPS-00-021 BLEAMS ROAD (NORTH SIDE) WEST OF WESTMOUNT RD. EAST ZONE CHANGE APPLICATION ZC 971431BILM PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 6. BPS-00-082 BPS-00-021 - 108 - CITY OF KITCHENER -SUBDIVISION APPLICATION 30T-97025 NORTH ESTATE FARMS LTD., SOUTH ESTATE FARMS LTD. AND ESTATE OF MORTON NORRIS - SOUTH WARD (CONT'D) 8. That the owner obtain a Regional Road Access Permit for the intersection of Regional Road No. 56 (Bleams Road) and Commonwealth Drive. That prior to final approval of Stage 2 of the plan the owner complete a traffic impact study to the satisfaction of the Regional Commissioner of Engineering and the owner further agrees to provide a letter of credit equal to the costs of road improvements identified in the study. 10. That a lot grading and drainage plan and stormwater management report 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. 11. That the owner agrees that no development will occur on Blocks 16 and 17 (Stage 2) until such time as the floodlines have been removed and appropriate modifications to the draft approval have been made to the satisfaction of the Grand River Conservation Authority and the Regional Municipality of Waterloo. 12. That the owner enter into an agreement with the Regional Municipality of Waterloo that the residential units constructed on Blocks 1 and 2 (Stage 2) will be constructed with a forced air ducted heating system suitably sized to permit the future installation of a central air conditioning system by the occupants as per the approved noise study prepared by Stantec dated September, 1999. 13. That the owner enter into an agreement with the Regional Municipality of Waterloo for Blocks 1 and 2 (Stage 2), that the following noise warning clause be included in the offers to purchase and rental agreements: "Due to its proximity to Bleams Road, projected noise levels on this property exceed the noise level objectives approved by the Regional Municipality of Waterloo and may cause some concern to some individuals. Moreover, this dwelling unit 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 occupant." 14. That the Noise Study "Estate of Morton Norris and North Estate Farms Limited (30T-97025), Proposed Residential Subdivision Traffic Noise Impact Assessment", by Stantec dated September, 1999, be revised or that a new noise study be completed prior to the issuance of a building permit for Block 16 (Stage 2) to determine mitigative measures including the specific requirement for a noise attenuation wall and to enter into an agreement with the Regional Municipality of Waterloo to implement the recommendations of the study. 15. 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. 56 (Bleams ADDENDUM TO BPS-00-021 BLEAMS ROAD (NORTH SIDE) WEST OF WESTMOUNT RD. EAST ZONE CHANGE APPLICATION ZC 971431BILM -SUBDIVISION APPLICATION 30T-97025 NORTH ESTATE FARMS LTD., SOUTH ESTATE FARMS LTD. AND PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 6. BPS-00-082 BPS-00-021 - 109 - CITY OF KITCHENER ESTATE OF MORTON NORRIS - SOUTH WARD (CONT'D) Road) in accordance with Regional policies and procedures, except where a noise wall may be required as per Condition No. 14 above. OTHER AGENCY CONDITIONS: That prior to any grading or construction on the site and prior to registration of the plan, the owner submit the following plans and reports to the satisfaction of the Grand River Conservation Authority: a) A detailed stormwater management report and plans in accordance with the Ministry of the Environment and Energy planning and design guidelines, the Laurentian West Master Drainage Plan, the Laurentian West Community Plan Environmental Review, the Environmental Implementation Report, and the Preliminary Stormwater Management Report. b) A plan showing the conceptual grading and drainage system including the limits of all grading and drainage as well as existing and proposed grades. c) An erosion and sediment control plan, in accordance with the Grand River Conservation Authority's Guidelines, indicating the means whereby erosion will be minimized and sediment maintained on-site throughout all phases of grading and construction, including maintenance plan and provision for timely revegetation of the site. d) Issuance of GRCA Permit Application 48/99 and/or Permit Application 107/00 pursuant to Ontario Regulation 149 under the Grand River Conservation Authority's Fill, Construction and Alteration to Waterways Regulation in whole or in part as deemed appropriate by Authority staff prior to any grading and/or development of Stage 2 within the floodplain of Strasburg Creek and/or the Strasburg Creek Scheduled Area. That the subdivision agreement between the owner and the City of Kitchener contain provisions for the completion of the works in accordance with the approved plans and reports noted in a, b, c and d. CLEARANCE CONDITIONS: 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 conditions 3.1 through 3.15 inclusive 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. to be advised by the Grand River Conservation Authority condition 4.1 has been carried out to the satisfaction of the Grand ADDENDUM TO BPS-00-021 BLEAMS ROAD (NORTH SIDE) WEST OF WESTMOUNT RD. EAST ZONE CHANGE APPLICATION ZC 971431BILM -SUBDIVISION APPLICATION 30T-97025 NORTH 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 that ESTATE FARMS LTD., SOUTH ESTATE FARMS LTD. AND PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 6. BPS-00-082 BPS-00-021 -110- CITY OF KITCHENER ESTATE OF MORTON NORRIS - SOUTH WARD (CONT'D) River Conservation Authority. The clearance letter from the Authority shall include a brief statement detailing how the condition has been satisfied. NOTES: The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality adopted in accordance with the Development 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 99-038, 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 99-038, 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 99-038. 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. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under the Registry Act. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener 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 ADDENDUM TO BPS-00-021 BLEAMS ROAD (NORTH SIDE) WEST OF WESTMOUNT RD. EAST ZONE CHANGE APPLICATION ZC 971431BILM -SUBDIVISION APPLICATION 30T-97025 NORTH ESTATE FARMS LTD., SOUTH ESTATE FARMS LTD. AND PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 6. BPS-00-082 BPS-00-021 -111 - CITY OF KITCHENER ESTATE OF MORTON NORRIS - SOUTH WARD (CONT'D) agreement. A copy of a reference plan showing the lands to be registered that are affected by the agreement and the conditions to be covered by the agreement should be provided. The fees for the preparation and registration of this agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and $50.00 respectively. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-law 96-025, pursuant to Section 69 of the Planning Act, R.S.O. 1990, 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. The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 52 of the Ontario Water Resources Act prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of Environment and Energy for approval. The proposed storm water 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 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. The proposed sanitary sewage collection system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of Environment and Energy for approval. 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). 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 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, ADDENDUM TO BPS-00-021 BLEAMS ROAD (NORTH SIDE) WEST OF WESTMOUNT RD. EAST ZONE CHANGE APPLICATION ZC 971431BILM -SUBDIVISION APPLICATION 30T-97025 NORTH ESTATE FARMS LTD., SOUTH ESTATE FARMS LTD. AND PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 7. BPS-00-081 -112- CITY OF KITCHENER ESTATE OF MORTON NORRIS - SOUTH WARD (CONT'D) 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 Planner responsible for the file, no later than December 15 th. 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) Four (4) Four (4) original mylar mylar copies white paper prints 1547 HIGHLAND ROAD WEST -DEMOLITION CONTROL APPLICATION DC O01031HIZJ YORK NURSERY - FOREST WARD The Committee considered the above Business and Planning Services Department report dated June 20, 2000 dealing with a Demolition Control Application submitted by York Nursery with respect to the property known municipally as 1547 Highland Road West. It was noted in the report that the applicant proposes to demolish the single detached dwelling on the subject property in order to expand the garden nursery. Ms. C. Ladd advised that staff had nothing further to add to the report under consideration. No delegations were registered respecting this matter. On motion by Councillor G. Lorenz: It was resolved: "That Demolition Control Application DC 00/3/H/ZJ (1547 Highland Road West - York Nursery) requesting approval of the demolition of the vacant single detached dwelling at 1547 Highland Road West, legally described as Part of Lot 38, German Company Tract, more specifically described as Part 1, 58R-2280 be approved. BPS-00-081 1547 HIGHLAND ROAD WEST -DEMOLITION CONTROL APPLICATION DC O01031HIZJ YORK NURSERY - FOREST WARD (CONT'D) It is the opinion of this Committee that approval of this application is proper planning for the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 City." 8. BPS-00-080 -113- CITY OF KITCHENER 24 AND 26 MANSION STREET -DEMOLITION CONTROL APPLICATION DC O01061MIBH 1340443 ONTARIO INC. - CENTRE WARD The Committee was in receipt of the above Business and Planning Services Department report dated June 16, 2000, dealing with a Demolition Control Application submitted by 1340443 Ontario Inc. respecting the properties known municipally as 24 and 26 Mansion Street. It was noted in the report that the applicant wishes to demolish the two single family dwellings to facilitate redevelopment of the site into eleven three stow townhouse units. Ms. C. Ladd advised that staff had nothing further to add to the report under consideration. No delegations were registered respecting this matter. On motion by Councillor K. Taylor-Harrison: It was resolved: "That Demolition Control Application DC 00/06/M/BH (24 and 26 Mansion Street - 1340443 Ontario Inc.) requesting approval for the demolition of two single detached dwellings located at 24 Mansion Street and 26 Mansion Street, legally described as Lots 12 and 13, Registered Plan 436, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City." BPS-00-068 PROPOSED REVISIONS TO CITY OF KITCHENER SIGN BY-LAW CAMPAIGN SIGNS The Committee considered the above Business and Planning Services Department report dated June 20, 2000 dealing with proposed revisions to the City of Kitchener Sign By-law respecting campaign signs. It was noted in the report that the proposed by-law dated June 21, 2000 attached to the report would increase the permitted size of campaign signs in any zone in the city and permit them to locate within city rights-of-way without sidewalks subject to detailed location requirements. It was also pointed out in the report that on November 1, 1999, Council directed planning staff to present a revision to the Sign By-law to amend the maximum permitted size of election campaign signs to accommodate the popular size of campaign signs. It was further noted that since the Region passed its Sign By-law on December 8, 1999. Various local municipalities have revised or are revising their local Sign By-laws in an effort to bring consistency throughout the Region on the installation of campaign signs on public rights-of-way. Ms. J. Given provided a brief overview of the report and noted that with one exception, staff have maintained the same provisions as in the Region's By-law. She noted that the difference between the Region's By-law and the City's is that there was insufficient room to permit signs on City rights- of-way with sidewalks and therefore the by-law prohibits them from locating on City streets with sidewalks. The proposed by-law would permit signs to be installed on City rights-of-way where there are no sidewalks, subject to setback requirements, as does the Region's. A discussion took place and Councillor J. Ziegler noted that staff had gone further than the Region had as well as further than Council had requested. Councillor J. Ziegler raised the matter of mobile signs with election content at commercial properties and commented that an election was an exceptional event and that Council should not be able to limit their use for such purpose. Ms. Given advised that staff had not proposed any changes to the regulations regarding third party advertising and noted that the existing Sign By-law does not permit the practice. Further concerns were expressed with regard to allowing election signs on rights-of-waywhere no BPS-00-068 PROPOSED REVISIONS TO CITY OF KITCHENER SIGN BY-LAW CAMPAIGN SIGNS (CONT'D) sidewalk existed since this would give an appearance that the sign was authorized by the occupants of the residential property when in fact this would not be the case. Councillor T. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 - 114 - 10. CITY OF KITCHENER Galloway asked that the proposed by-law deal only with the issue of size of election signs. Councillor J. Haalboom suggested that when regulations were approved by by-law, that drawings be provided along with the by-law to illustrate the regulations in practical terms. Following further discussion of size and the issue of location, Mr. J. Witmer explained the difficulty that staff would have in enforcing differing sign regulations between the City and the Region. On motion by Councillor T. Galloway: It was resolved: "That only the size changes to election campaign signs be approved as outlined in the proposed by-law, dated June 21, 2000 to amend Municipal Code Chapter 680 (Signs), attached to Business and Planning Services staff report BPS-00-068; and further, That the balance of the by-law which dealt with proposed changes to permit election campaign signs on City rights-of-way be referred to the July 4, 2000 Council meeting for consideration." Councillor J. Ziegler suggested the Sign By-law be revised in regard to third party signs so as to allow their use during election campaigns. On motion by Councillor J. Ziegler: It was resolved: "That we allow third party signs to contain campaign information only during an election campaign, provided such signs are otherwise in general compliance with Chapter 680 (Signs) of the Municipal Code; and further, That staff be directed to undertake the required public notice of Council's consideration of a proposed change in this regard to the Municipal Code." ANNUAL REPORT OF BUSINESS AND PLANNING SERVICES DEPARTMENT The Committee was provided with the 1999 Annual Report of the Business and Planning Services Department. On motion by Councillor J. Ziegler: It was resolved: "That the 1999 Annual Report of the Department of Business and Planning Services be received and accepted." 11. STEVE GRANT DRUMMOND DRIVE AND UPCOMING ONTARIO MUNICIPAL BOARD HEARING RE: APPEAL OF COMMITTEE OF ADJUSTMENT DECISION ON SEVERANCE APPLICATIONS B13- B16/99 OF IVAN BIUK CONSTRUCTION LIMITED Mr. Steve Grant, Madorin Snyder Barristers and Solicitors, appeared as a delegation on behalf of residents of the Doon area, in support of the request outlined in his correspondence dated June 20, 2000 that was circulated with the agenda. The issue pertains to the July 27/28, 2000 Ontario Municipal Board Hearing of the Appeal filed by Ivan Biuk Construction Ltd. with respect to Committee of Adjustment severance applications B13 - B16/99. In this regard, Mr. Grant requested that the Planning and Economic Development Committee endorse the decision of the Committee of Adjustment refusing the severance applications. 11. STEVE GRANT DRUMMOND DRIVE AND UPCOMING ONTARIO MUNICIPAL BOARD HEARING RE: APPEAL OF COMMITTEE OF ADJUSTMENT DECISION ON SEVERANCE APPLICATIONS B13- B16/99 OF IVAN BIUK CONSTRUCTION LIMITED (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 26, 2000 - 115 - CITY OF KITCHENER Mr. Grant provided a brief overview of the concerns of the Committee of Adjustment with the severance applications and the rationale that was utilized in reaching its decision after a lengthy hearing. Mr. Grant emphasized that zoning was only one factor to be considered when the Committee of Adjustment dealt with the creation of lots, and he circulated a copy of an O.M.B. case from 1975 dealing with lot severance wherein it was determined that zoning was not a decisive consideration. In summary he noted that there were numerous reasons as to why the Committee of Adjustment arrived at its decision to refuse the severance applications. For the record, Council was in receipt of correspondence dated June 23, 2000 from Jim and Carole Moore, Old Mill Road requesting Council's continued support in the preservation of the heritage aspects of Doon and that it oppose the construction plans of Ivan Biuk on Drummond Drive. Councillor J. Ziegler questioned if City Council had ever acted in the past with respect to a Committee of Adjustment land severance decision. Ms L. MacDonald advised that she was not aware of any past situation of Council involvement in a Committee of Adjustment decision, given that the Committee was an independent body. Councillor J. Haalboom commented that the land severance applications were denied by the Committee of Adjustment and that the matter was now out of the City's hands. Further, she stated that it was not the City's concern to defend the position of staff in their report of this matter at the O.M.B. Hearing. In response to Mayor C. Zehr, Mr. J. Shivas advised that if staff are subpoenaed by the applicant at the Hearing, their input is that of just providing professional planning advice and was not reflective of the City itself. He further commented that the Committee of Adjustment was appointed as an independent body by City Council and that the accepted practice is to allow the Committee's decision to stand on its own merits. Mr. Grant suggested that it was open to Council to direct its legal staff to take a legal position consistent with the Committee of Adjustment's decision. Ms. L. MacDonald pointed out that legal staff would be on hand at the O.M.B. Hearing to ensure that staff are protected from a legal point of view and to protect the City's overall position. She emphasized that the City's practice has been to always allow the Committee of Adjustment's decision to stand alone but with legal staff present. A motion was proposed by Councillor J. Haalboom that the City endorse the land severance decisions of the Committee of Adjustment and indicate its acceptance of their being only two legal lots on the affected portion of Drummond Drive in Plan 578. Councillor B. Vrbanovic commented that there was no precedent to consider Mr. Grant's request and the City should not be involving itself on either side of the issue. Councillor Haalboom's motion was then put to a vote and lost. Councillor J. Haalboom commented that after considering the discussion of this matter, she wished to put forward a motion directing that legal staff not be at the O.M.B. Hearing since they are not representing the City's position. Ms. L. MacDonald explained the rationale for legal staff being in attendance at Ontario Municipal Board Hearings and emphasized that legal staff were not representing either parties of an issue. Mr. B. Stanley further elaborated on the practice of legal staff to be present and emphasized that it was absolutely critical to have the City's solicitor present. Councillor Haalboom's motion was then put to a vote and lost. 12. ADJOURNMENT On motion, the meeting adjourned at 6:15 p.m. L.W. Neil, AMCT Assistant City Clerk