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HomeMy WebLinkAboutPlng & Econ Dev - 2000-08-21PED\2000-08-21 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21~ 2000 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:08 p.m. under Councillor C. Weylie, Chair with the following members present: Mayor C. Zehr and Councillors Jake Smola, J. Ziegler, G. Lorentz, T. Galloway, and John Smola. Councillors M. Yantzi, K. Taylor-Harrison and B. Vrbanovic entered the meeting shortly after its commencement. Officials Present: Ms. C. Ladd, K. Bissell, J. Given, P. Bacon and A. Menon and Messrs. G. Melanson, L. Masseo, B. Hurley, R. Morgan, D. Mansell, J. Witmer, K. Mayer and L.W. Neil. 1. DAVE LAMKA - SIGN BY-LAW RE MOBILE SIGNS Mr. Dave Lamka, A to Z Signs Ltd., appeared as a delegation to make presentation respecting mobile signs. He remarked on the sign by-law regulations relating to the varying frontage lengths of strip malls and the permitted advertising annually. Mr. Lamka left an information package for Council to view and requested that after viewing the material Council consider giving additional direction to planning staff regarding this material as it relates to the upcoming review of the Sign By-law by the Planning and Economic Development Committee. Ms. C. Ladd advised that October 6, 2000 was the targeted date for the sign review. Councillor M. Yantzi entered the meeting at this point. In response to questions, Mr. Lamka indicated that there were about four or five sign rental companies operating and that he believes his company accounted for approximately one third of the permits issued. He further noted that the information package refers to all types of signs. BPS-00-106 WASHBURN DRIVE, HURON BUSINESS PARK -OFFER TO PURCHASE - SITE 142-HURON MODEL AND GAUGE INC. SOUTH WARD Councillors B. Vrbanovic and K. Taylor-Harrison entered the meeting at this point. The Committee considered Business and Planning Services staff report BPS-00-106 dated August 14, 2000 dealing with an offer to purchase submitted by Huron Model and Gauge Inc. respecting site 142 on Washburn Drive in the Huron Business Park. Ms. K. Bissell provided a brief summary of the report and referenced the fact that initially an offer had been received from lan Cook Construction Ltd. that was subsequently matched by Huron Model and Gauge which previously had a first right of refusal for the subject lands. She advised that the recommendation in the report should be corrected to refer to an approximate area of 1.32 acres rather than 1.2 acres. Ms. Bissell then referred to the request that the City credit the additional seven thousand square feet Huron Model and Gauge had constructed on their current facility towards the 6,000 square foot building requirement of the subject site. In response to Mayor C. Zehr, she advised that lan Cook Construction had planned to begin construction within one year. Mr. R. Morgan summarized the offer from lan Cook Construction and noted that Huron Model and Gauge had matched the offer, but has asked for consideration of a credit and an additional one year before commencing construction. He pointed out that the real estate agent for lan Cook Construction was aware of staff's recommendation in this regard. Mr. Ron Woynarski, Pavey Law, Solicitors appeared as a delegation on behalf of Huron Model and Gauge along with the company's president, Mr. Fred Kindall. He advised that his client was committed to the offer and would start construction of the building within one year and complete it within two years if required to do so. However, he advised that since Huron Model and Gauge was growing so quickly and had recently completed their adjacent building, it was their preference to have some additional time to consolidate their operations and then undertake to build the best possible building such as the one they recently completed, which is up for an award. A brief discussion took place with comments by Mayor C. Zehr and Councillors J. Ziegler and T. Galloway. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 -117- CITY OF KITCHENER 2. BPS-00-106 WASHBURN DRIVE, HURON BUSINESS PARK -OFFER TO PURCHASE - SITE 142-HURON MODEL AND GAUGE INC. SOUTH WARD (CONT'D.) On motion by Councillor T. Galloway: It was resolved: "That the City accept the Offer to Purchase from Huron Model and Gauge Inc. for Part 2 on Reference Plan 58R-11715. The Site has an approximate area of 1.32 acres and the offering price is $75,000 per acre for a total purchase price of $90,000; and, That Council consider the additional 7,000 square feet that Huron Model and Gauge constructed on their abutting lands as satisfying the condition requiring them to build a minimum 6,000 square foot building on Site 142 within one year of the closing; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor." BPS-00-088 164 VICTORIA STREET NORTH -MUNICIPAL PLAN AMENDMENT APPLICATION MP O0104NITMW -ZONE CHANGE APPLICATION ZC O0113NITMW -RUDY MEISTER BRIDGEPORT - NORTH WARD The Committee was advised that the Department of Business and Planning Services was in receipt of applications for Municipal Plan Amendment and Zone Change from Rudy Meister respecting lands known municipally as 164 Victoria Street North. The subject property is located on the north side of Victoria Street North between Ahrens Street and Margaret Avenue and contains a two story building which is presently occupied by the Metro Restaurant and a five room lodging house. It was noted in the report that the amendments would have the effect of legalizing an existing five room lodging house use in the existing building and recognizing the existing parking provision for the lodging house use at the rear of the subject property. In this regard, the Committee considered staff report BPS-00-088 dated July 13, 2000 and a proposed by-law dated July 21,2000 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 a brief explanation of the applications and advised that staff had nothing further to add to the report under consideration. Mr. Rudy Meister was in attendance and indicated his support of the recommendations contained in the staff report. No other delegations were registered respecting this matter. On motion by Councillor K. Taylor-Harrison: It was resolved: "1) That Council approve Municipal Plan Amendment Application MP 00/04N/TMW (164 Victoria Street North - Rudy Meister), being an amendment to: a) Amend Map 8, by adding Special Policy 32 to the lands municipally known as 164 Victoria Street North. b) Amend Section 12 by adding Special Policy 32 as follows: BPS-00-088 32. Notwithstanding the Service Commercial designation, which applies to the lands at 164 Victoria Street North, a five-room lodging house shall be a permitted use. 164 VICTORIA STREET NORTH PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 -118- CITY OF KITCHENER -MUNICIPAL PLAN AMENDMENT APPLICATION MP 00/04/V/TMW -ZONE CHANGE APPLICATION ZC 00/13/V/TMW -RUDY MEISTER BRIDGEPORT - NORTH WARD (CONT'D) It is the opinion of this Committee that approval of this application to amend the City's Municipal Plan is proper planning for the City. 2) That Zone Change Application ZC 00/13N/TMW (164 Victoria Street North - Rudy Meister), requesting a change in zoning from Service Commercial Zone (C-6) with Special Use Provision 3U, to Service Commercial Zone (C-6), with Special Use Provision 3U and 280U, and with Special Regulation Provision 332R, on lands legally described as Part of Lots 20 and 21, Registered Plan 374, be approved in the form shown in the attached "Proposed By-law", dated July 21, 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 a recommended Amendment (164 Victoria Street North - Rudy Meister) to the City's Municipal Plan." 4. BPS-00-090 OTTAWA STREET SOUTH REVISION TO LAURENTIAN WEST COMMUNITY PLAN ZONE CHANGE APPLICATION ZC 96116101PB SUBDIVISION APPLICATION 30T- 96001 ACTIVA HOLDINGS INCORPORATED SOUTH WARD The Committee was advised that the Department of Business and Planning Services was in receipt of applications for Zone Change and Subdivision submitted by Activa Holdings Incorporated with respect to a parcel of land approximately 20.898 hectares in size. It is noted in the report that the subject lands are located approximately mid-way between Trussler Road and Fischer Hallman Road, south of Highway 7 (Conestoga Parkway), and north of Ottawa Street South. The subject lands are proposed to be re-zoned and subdivided into Iotless blocks and the exact number of lots and units will be dependant upon market conditions and will be determined at the time of registration in conformity with the proposed zoning. The area will accommodate between 370 and 445 dwelling units in a variety of residential forms, including single detached, semi-detached and duplex dwellings, as well as street fronting townhouses. In this regard, the Committee considered staff report BPS-00-090 dated July 24, 2000 and a proposed by-law dated July 19, 2000 attached to the report. Accompanying the Subdivision and Zone Change Applications was a proposed revision to the Laurentian West Community Plan which would designate a portion of the subject lands from multiple residential uses to Iow density residential. 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. Blake Hurley provided a lengthy explanation of the purpose of the report and distributed a revised proposed by-law dated July 19, 2000 as well as a revised Map No. 1 (Zoning) of the proposed subdivision. He noted that the revised zoning by-law and map prohibit development of multiple units on Blocks 2, 3, 4 and 5. He referred to concerns that the department had received and how they were addressed. In particular he commented on Blocks 2, 3, 4 and 5 of Area 6 and noted that street fronting townhouses were now proposed. Ms. C. Ladd advised that street fronting townhouses had been proposed in accordance with existing policies and that the property owner had agreed to delete all multiple uses except street fronting townhouses. In response to Mayor Zehr, Ms. Ladd advised that the park dedication referred to in Stage 1, mirrored a similar size dedication in the adjacent easterly subdivision. Councillor T. Galloway indicated that he would like to see additional park frontage on Fox Glove Drive and intended to request that Block 3 in Stage 1 be reduced in order to eliminate an obscure corner in the park and increase its' frontage. BPS-00-090 OTTAWA STREET SOUTH REVISION TO LAURENTIAN WEST COMMUNITY PLAN PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 -119- CITY OF KITCHENER ZONE CHANGE APPLICATION ZC 96/16/O/PB SUBDIVISION APPLICATION 30T- 96001 ACTIVA HOLDINGS INCORPORATED SOUTH WARD (CONT'D) Mr. Bruce Wilson, BOW Land Planning Service appeared as a delegation on behalf of the following adjacent property owners: Mrs. Schmitt, Mr. Weinhardt and Mr. Bosika. Mr. Wilson distributed a submission dated August 18, 2000 listing the concerns of his clients in respect to the zoning of Stage 5, timing of registration of Stages, the alignments of Fox Glove Drive and Mahogany Street where they would extend into his clients' lands and suggested revisions respecting these matters. Ms. C. Ladd advised that staff would ensure that right of ways and property lines properly match up and commented that staging was done for certain reasons and it was not normal practice to dictate the order of staging. Mr. Ernie Weinhardt indicated that he did not wish to make a presentation. Mr. Willi Kellner advised that he was the owner of 1825 Ottawa Street South, which was situated opposite the westerly portion of the subdivision plan and advised that he was strongly opposed to the proposal for street townhouses backing onto Ottawa Street, on the basis that they would negatively affect his property value. Mr. Paul Britton, McNaughton Hermsen Britton Clarkson, appeared as a delegation on behalf of Activa Holdings Incorporated. Mr. Britton circulated a copy of the current community plan for Laurentian West. He noted that representatives from Activa and Stantec Consultants were also in attendance and prepared to answer any questions if required. Mr. Britton agreed with the comments of Mr. B. Wison that temporary turn circles should be included in the streets within Stage 5 of the subdivision plan. He noted that the plan represented an overall reduction in density than what was originally contemplated for the lands and that he would agree to change zoning from R6 to R4 in interface areas. In reference to the concerns expressed regarding road alignments of Fox Glove Drive and Mahogany Street matching up with future development of lands to the west, he advised that the plan had been revised to provide for two connections and that the applicant would be willing to re-shift one street to an 18-meter width. Mr. Britton noted that on the issue of park street frontage 30 meters was the city standard for such size of park and Ms. C. Ladd confirmed that anything above 30 meters of frontage would require the City to pay for the additional portion. In response to Councillor C. Weylie, Mr. Britton indicated that on Map No. 1, distributed with the revised proposed by-law this date, Blocks 2, 3, 4 and 5 of Area 6 and Blocks 7 and 15 of Area 3 could be revised from R6 and R6 with special provisions to R4 to accommodate concerns that have been expressed with regard to townhouses. Councillor T. Galloway commented that he had previously requested staff to propose revision to standard conditions in the city's development agreements to ensure timely completion of conditions relating to trees and asphalt and eliminate the time lag in that regard. He indicated that he would rather defer the subdivision plan to bring these subdivision conditions forward. Mr. D. Mansell responded that staff were working on these matters and noted that the requirement for surface asphalt is often deferred at the request of the Public Works Department for various engineering reasons. He explained that since 1973 the City has tried to avoid accepting services in bits and pieces and has proceeded on a street by street basis. Mr. P. Britton commented that it would be unfair to hold up a subdivision because of a policy that was under development but would agree to consideration of a modification to the draft plan as it relates to these issues. Ms. C. Ladd provided suggested wording for modification to the subdivision in the event a new city policy is approved by City Council regarding the timely provision of above ground services. Mayor C. Zehr advised that he was in concurrence with the suggestion of Ms. Ladd. BPS-00-090 OTTAWA STREET SOUTH REVISION TO LAURENTIAN WEST COMMUNITY PLAN PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 - 120 - CITY OF KITCHENER ZONE CHANGE APPLICATION ZC 96/16/O/PB SUBDIVISION APPLICATION 30T- 96001 ACTIVA HOLDINGS INCORPORATED SOUTH WARD (CONT'D) The recommendation in the staff report was then considered and it was agreed to revise the original proposed by-law dated July 19, 2000 attached to the staff report to provide that Blocks 2, 3, 4 and 5 of Area 6 and Blocks 7 and 15 of Area 3 be zoned Residential Four Zone (R-4) as shown on Map No. 1 distributed this date by Mr. Hurley. It was also agreed to revise the plan of subdivision dated July 19, 2000 in respect to the stages listed under recommendation C 1 of the staff report to reflect deletion of proposed townhouses and their replacement with single and semi- detached units in accordance with earlier discussion. It was also asked that staff resolve the alignment issue with regard to Fox Glove Drive and Mahogany Street prior to the August 28, 2000 Council meeting. Also, it was previously indicated that an additional condition would be developed with respect to the timely provision of above ground services and the agreement of the subdivider to include same through modifications prior to registration of the plan. On motion by Councillor T. Galloway: It was resolved: "That planning staff be requested to review concerns expressed by property owners to the west of Subdivision 30T-96001 respecting the alignment of Fox Glove Drive and Mahogany Street and recommend at the August 28, 2000 Council meeting how these concerns could be resolved, before Council considers adoption of the followinq Committee recommendation: A. That the "Laurentian West Community Plan" be revised as follows: a) Map A - Land Use Plan, be replaced with the attached revised Map A Land Use Plan, dated April 28, 1998. That Zone Change Application ZC 96/16/O/PB (Ottawa Street South - Activa Holdings Incorporated) requesting a change in zoning from Agricultural One Zone (A-l), to Residential Three Zone (R-3), Residential Four Zone (R-4), Residential Six Zone (R-6), Public Park Zone (P-l) and Open Space Zone (P-2) all according to By- law 85-1, on Part of Lot 46, G.C.T., be approved in the form shown in the attached Proposed By-law dated July 19, 2000, as revised August 21, 2000 to provide that Blocks 2,3,4, & 5 of AREA 6 and Blocks 7 & 15 of AREA 3 be zoned Residential Four Zone (R-4). 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 Application 30T- 96001 (Ottawa Street South) in the City of Kitchener for Activa Holdings Inc. subject to the following conditions: That this approval applies to Plan of Subdivision 30T-96001 for Activa Holdings Inc., as shown on the plan prepared by MacNaughton Hermsen Britton Clarkson Ltd., dated (revised) March 27, 2000 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated July 19, 2000, as revised August 21, 2000 in respect to stages, which shows the following: BPS-00-090 Stage One maximum__ units Blocks 7-9, 11-15 single and semi-detached Blocks 1-6, 10 townhouses OTTAWA STREET SOUTH REVISION TO LAURENTIAN WEST COMMUNITY PLAN PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 - 121 - CITY OF KITCHENER ZONE CHANGE APPLICATION ZC 96/16/O/PB SUBDIVISION APPLICATION 30T- 96001 ACTIVA HOLDINGS INCORPORATED SOUTH WARD (CONT'D) Block 16 Block 17 Block 18 Blocks 19, 20 Block 21 Blocks 22-26 park storm water management road widening service corridor service corridor/walkway 0.3 metre reserves Stage Two Blocks 1-3 Blocks 4, 5 Blocks 6-8 maximum 62 units single and semi-detached townhouses 0.3 metre reserves Stage Three Blocks 1,2, 9-12 Blocks 3-8 Block 13 Block 14 Block 15 Block 16 maximum 139 units single and semi-detached townhouses park walkway emergency access 0.3 metre reserves Stage Four Blocks 1-3 Block 4 maximum 22 units single and semi-detached emergency access Stage Five Blocks 2-5 Blocks 4, 5 Blocks 6, 7 maximum units single and semi-detached townhouses 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: 51. That the final plan(s) for registration purposes shall be prepared in accordance with the Plan of Subdivision attached, dated July 19, 2000, provided that plans showing lotting within any residential block shall be permitted in accordance with Section 71, and/or minor amendments to said plan, acceptable to the General Manager of Business and Planning Services, and not affecting the numbering of lots or blocks may be permitted without amendment to this agreement. 52. a) Major changes to the plan or changes affecting the numbering of lots or blocks shall require Ministerial approval and an amendment to this Agreement; b) Changes to the plan solely for the purpose of showing the final lotting pattern of Iotless blocks shall require a Supplementary Agreement prior to the registration of the plan but no further Ministerial approval. 4. BPS-O0-090 OTTAWA STREET SOUTH REVISION TO LAURENTIAN WEST COMMUNITY PLAN ZONE CHANGE APPLICATION ZC 96116101PB PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 4. BPS-00-090 - 122 - CITY OF KITCHENER SUBDIVISION APPLICATION 30T- 96001 ACTIVA HOLDINGS INCORPORATED SOUTH WARD (CONT'D) 53. That the subdivision shall be registered in five stages, with Stage 1 consisting of Blocks 1 to 26 inclusive; Stage 2 consisting of Blocks 1 to 8 inclusive; Stage 3 consisting of Blocks 1 to 16 inclusive; Stage 4 consisting of Blocks 1 to 4 inclusive; Stage 5 consisting of Blocks 1 to 7 inclusive. Further, the Subdivider agrees that the Plan of Subdivision shall be registered in accordance with the following: a) Stage 1 shall be registered first; b) Stages 2, may be registered concurrently with or subsequent to the registration of Stage 1; c) Stage 3 may be registered concurrently with or at any time subsequent to the registration of Stage 2; d) Stage 4 may be registered concurrently with or at any time subsequent to the registration of Stage 3; e) Stage 5 may be registered concurrently with or at any time subsequent to the registration of Stage 2; Further, that in the event that any combination of stages are registered concurrently in accordance with the above, certain 0.3 metre reserve Blocks as set out in Section 65 shall not be required. 54. That the City Solicitor shall arrange for a By-law to be presented to Council, to open 0.3 metre reserve Block 23 in Registered Plan 58M- 55 at the westerly terminus of Fox Glove Drive, as "public highway", at such time as Stage 1 of this Plan has been registered and Fox Glove Drive and Prosperity Drive within Stage 1 have been constructed and are open to public vehicular traffic to the satisfaction of the City's General Manager of Public Works. 55. 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, Ministry of Transportation, and the Grand River Conservation Authority. 56. That prior to any grading or construction on the 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 consultation with the City's General Manager of Community Services, the Regional Municipality of Waterloo, Ministry of Transportation and the Grand River 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. OTTAWA STREET SOUTH REVISION TO LAURENTIAN WEST COMMUNITY PLAN ZONE CHANGE APPLICATION ZC 96116101PB SUBDIVISION APPLICATION 30T- 96001 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 - 123 - CITY OF KITCHENER ACTIVA HOLDINGS INCORPORATED SOUTH WARD {CONT'D) 57. 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 appropriate stages 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 Community Services. 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. 58. 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. 59. That the names of the streets within the Plan shall be those shown on the Plan of Subdivision. 60. That construction traffic to and from the proposed subdivision shall be restricted to using Prosperity Drive to Ottawa Street and Foxglove Drive to Windflower Drive. 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 Services. 61. To construct 1.5 metre wide concrete sidewalks along both sides of all streets in the Plan of Subdivision, to the satisfaction of the City's General Manager of Public Works. 62. To make financial arrangements, to the satisfaction of the City's General Manager of Public Works, for the construction of a 1.5 metre concrete sidewalk along the entire length of Ottawa Street abutting Block 18 (Stage 1 ). 63. 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 services and prior to the City's release of any stage of the Subdivision Plan for registration. 64. That in consideration of and the City's desire to areas worth retaining, following process in the with the City's approved the wooded character of the subdivision lands minimize the impact of development on treed the Subdivider agrees to comply with the development of the subdivision in accordance Tree Management Policy: 4. BPS-O0-090 a) prior to the City's releasing each stage of the subdivision plan OTTAWA STREET SOUTH REVISION TO LAURENTIAN WEST COMMUNITY PLAN ZONE CHANGE APPLICATION ZC 96116101PB SUBDIVISION APPLICATION 30T- 96001 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 - 124 - CITY OF KITCHENER ACTIVA HOLDINGS INCORPORATED SOUTH WARD {CONT'D) 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; 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 trimming, 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 where major irreparable tree damage is done, liability is questionable, or the tree is judged to be unsafe in the opinion of the Subdivider's Environmental Consultant and/or the City, each such tree shall be removed and replaced with at least one tree of equal value based on the tree value formula as set out in 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 Planning and Development and shall be satisfactorily implemented prior to occupancy of the unit or due to weather conditions by the next planting season. 65. To convey to the City of Kitchener the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of the Plan of Subdivision: 4. BPS-00-090 OTTAWA STREET SOUTH REVISION TO LAURENTIAN WEST COMMUNITY PLAN ZONE CHANGE APPLICATION ZC 96116101PB SUBDIVISION APPLICATION 30T- 96001 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 - 125 - CITY OF KITCHENER ACTIVA HOLDINGS INCORPORATED SOUTH WARD {CONT'D) STAGE 1 a) b) c) d) Block 16 for public park purposes; Block 17 for storm water management purposes; Blocks 19 and 20 for service corridors; Blocks 22-26, inclusive, for 0.3 metre reserves. STAGE 2 d) Blocks 6 to 8, inclusive, for 0.3 metre reserves. STAGE 3 e) f) g) Block 13 for park and trail purposes; Block 15 for emergency access; Block 16 for 0.3 metre reserves. STAGE 4 h) Block 4 for emergency access purposes. STAGE 5 i) Blocks 6 and 7 for 0.3 metre reserves. 66. To dedicate to the City of Kitchener free of encumbrance, through plan registration, the following lands for the purposes stated therein: STAGE 1 a) Block 21 for public walkway; STAGE 3 g) c) Block 14 for public walkway; Block 15 for emergency access purposes; 67. 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 Community Services along the flankage and/or rear property lines of Blocks 3, 12 and 13 (Stage 1); Block 4 (Stage 2); Blocks 4-7 inclusive (Stage 3); Block 1 (Stage 4); and, Blocks 1-5 inclusive (Stage 5), where the above lot/block lines abut open space blocks or Wilson Road. The Subdivider further agrees 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 Community Services along the boundaries of Block 12 (Stage 1), where said block abuts existing residential properties. 68. That the five percent parkland dedication required for the entire Plan of Subdivision, being 1.018 hectares, shall be satisfied by the conveyance of Block 16 (Stage 1 ). 4. BPS-00-090 69. To fill, compact and grade in both a preliminary and finished form, OTTAWA STREET SOUTH REVISION TO LAURENTIAN WEST COMMUNITY PLAN ZONE CHANGE APPLICATION ZC 96116101PB SUBDIVISION APPLICATION 30T- 96001 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 - 126 - CITY OF KITCHENER ACTIVA HOLDINGS INCORPORATED SOUTH WARD {CONT'D) topsoil and seed/sod Block 16 (Stage 1) and Block 13 (Stage 3) to the satisfaction of the City's General Manager of Community Services. Grading plans and implementation within Block 13 (Stage 3) shall include making grading allowance for three 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 years from the registration of the respective stage of the Plan of Subdivision or at any alternate time approved in writing by the City's General Manager of Community Services. 70. 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. 71. That the final plan for registration shall show all lots intended for development as single detached, semi-detached, or duplex dwellings and a Supplementary Agreement shall be registered for each stage prior to the registration of such stage. This condition shall not apply in the event the plan is to be registered prior to the approval of servicing plans. 72. 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. 73. That the division of any lots or blocks by Part Lot Control shall be subject to compliance with the following requirements: The Subdivider shall submit a draft reference plan for each lot or block, and obtain approval of the draft reference plan from the City's 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) are completed and the layout shown on the registered reference plan is in compliance with approved reference plan and the approved servicing and grading plans; 4. BPS-00-090 OTTAWA STREET SOUTH REVISION TO LAURENTIAN WEST COMMUNITY PLAN ZONE CHANGE APPLICATION ZC 96116101PB SUBDIVISION APPLICATION 30T- 96001 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 - 127 - CITY OF KITCHENER ACTIVA HOLDINGS INCORPORATED SOUTH WARD {CONT'D) 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 lot or 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; and 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. 74. That all zero sideyard 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 Agreement and a reference plan. Prior to 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. 75. To identify concrete transit pads at all planned transit stop locations on the driveway location plan, 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. 4. BPS-00-090 76. 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 Ottawa Street (Regional Road 4). 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 OTTAWA STREET SOUTH REVISION TO LAURENTIAN WEST COMMUNITY PLAN ZONE CHANGE APPLICATION ZC 96116101PB SUBDIVISION APPLICATION 30T- 96001 ACTIVA HOLDINGS INCORPORATED PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 - 128 - CITY OF KITCHENER - SOUTH WARD (CONT'D) planting strip shall be installed within the affected lots prior to the transfer of title of such lots to the first time occupants, or in the event of winter conditions, shall be installed by June 1, immediately following such transfer of title. The Subdivider agrees to attach the approved planting plan to all Offers to Purchase/Agreements of Purchase and Sale of lots on which the required planting strip has not been installed due to winter conditions. Further, if physical noise attenuation barriers are required in accordance with Section 50. herein, installation of said barrier shall substitute for the planting strip requirement. 77. 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 with the Plan of Subdivision. The Subdivider further agrees to pair all driveways for all residential lots with less than 10.9 metres of width which do not use the 0 metre side yard concept with the Subdivision Plan, where possible, in order to maximize on-street parking opportunities and boulevard landscaping areas. 78. To construct a community trail/pedestrian trail within Block 13 (Stage 3) to the satisfaction of the City's General Manager of Community Services prior to the occupancy of dwelling units within Stage 3. 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 upfront 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. 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. 4. BPS-00-090 OTTAWA STREET SOUTH REVISION TO LAURENTIAN WEST COMMUNITY PLAN ZONE CHANGE APPLICATION ZC 96116101PB SUBDIVISION APPLICATION 30T- 96001 ACTIVA HOLDINGS INCORPORATED PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 - 129 - CITY OF KITCHENER SOUTH WARD (CONT'D) 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. 79. The Subdivider agrees that no driveways shall be installed within 1.0 metres of a street light pole or hydro pole or where the wheels of a vehicle would pass over any part of a submersible transformer vault. The Subdivider further agrees to state this requirement in all Offers of Purchase and Agreements of Purchase and Sale. 80. The Subdivider agrees that no sewer or water service will 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 will be installed within 3.0 metres of a proposed street light pole or hydro pole. The Subdivider shall review the Commission's engineering drawings to coordinate the locations of these utilities and shall be responsible for insuring that these separations are maintained. 81. That prior to the issuance of any building permits within the plan, the Subdivider shall install temporary street name signs and emergency access signs in the subdivision at the cost of the Subdivider and to the satisfaction of the City's General Manager of Public Works. Such signs shall indicate that such roads are not assumed by the City and are to be used at one's own risk until assumed by the City. As soon as possible following the first course of asphalt on a road, the Subdivider shall arrange for the erection of permanent emergency access signs, construction traffic signs, and traffic control signs and devices in the subdivision, at the cost of the Subdivider and to the satisfaction of the City's General Manager of Public Works. Upon the installation of the permanent signs, the temporary signs are to be removed by the Subdivider. 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 may 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. 4. BPS-00-090 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 OTTAWA STREET SOUTH REVISION TO LAURENTIAN WEST COMMUNITY PLAN ZONE CHANGE APPLICATION ZC 96116101PB SUBDIVISION APPLICATION 30T- 96001 ACTIVA HOLDINGS INCORPORATED PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 - 130 - CITY OF KITCHENER SOUTH WARD (CONT'D) 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, 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 fulfillment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment services thereto by the Region and other Authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block, or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of draft 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 the owner convey a road widening identified as Block 18, Stage 1, along the frontage of Regional Road No. 4 (Ottawa Street) to the Regional Municipality of Waterloo. That 25 foot daylight triangles be established at the intersection of Regional Road No. 4 (Ottawa Street) and Prosperity Drive and be dedicated on the final plan as public highway to the appropriate authority. That the owner obtain a Regional Road Access Permit for the intersection of Regional Road No. 4 (Ottawa Street) and Prosperity Drive and the intersection of Regional Road No. 4 (Ottawa Street) and any proposed emergency access. That prior to final approval the owner complete a traffic impact study to the satisfaction of Regional Engineering to identify improvements at Regional Road No. 4 (Ottawa Street) and Prosperity Drive, and the owner further agrees to provide a letter of credit equal to the costs of road improvements identified in the study. 4. BPS-O0-090 9. That a lot grading and drainage plan and storm water management OTTAWA STREET SOUTH REVISION TO LAURENTIAN WEST COMMUNITY PLAN ZONE CHANGE APPLICATION ZC 96116101PB SUBDIVISION APPLICATION 30T- 96001 ACTIVA HOLDINGS INCORPORATED PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 - 131 - CITY OF KITCHENER SOUTH WARD (CONT'D) report be submitted for approval, for the entire draft plan of subdivision, to the satisfaction of the Regional Commissioner of Engineering where the lands drain to a Regional facility. 10. -That prior to final approval the owner agrees to implement the recommendations of the noise study entitled "Laurentian Village Subdivision, Activa Holdings Inc., City of Kitchener Plan 30T-96001, Final Noise Impact Assessment" prepared by Stanley Consulting Group Limited, dated January 26, 1998. The noise attenuation measures include a noise barrier (berm) along the entire north property limit, a noise warning clause warning of noise from the Conestoga Parkway and/or Ottawa Street, and provision for air or installation of air conditioning as required. 11. 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. 4 (Ottawa Street) in accordance with Regional policies and procedures. 4. OTHER AGENCY CONDITIONS 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 and approval of the Grand River Conservation Authority: a) A detailed storm water management report and plans in accordance with the 1994 Ministry of Environment and Energy Report entitled "Stormwater Management Practices Planning and Design Manual" and in accordance with the Laurentian West Master Drainage Plan, and the Laurentian West Community Plan Environmental Review. b) A storm servicing plan showing the layout of the storm sewer system. c) A lot grading and drainage control plan showing the limits of all grading, including existing and proposed grades. d) An erosion and sediment control report and plan in accordance with the Grand River Conservation Authority's Guidelines on Erosion and Sediment Control for Construction Sites, indicating the means whereby erosion will be minimized and sediment maintained on-site throughout all phases of grading and construction, including a monitoring and maintenance plan and provision for timely revegetation of the site. That prior to the issuance of any building permits, the Subdivider obtain Building and Land Use permits from the Ministry of Transportation for all buildings located within 46 metres of the Ministry of Transportation property line. 4. BPS-00-090 OTTAWA STREET SOUTH REVISION TO LAURENTIAN WEST COMMUNITY PLAN ZONE CHANGE APPLICATION ZC 96116101PB SUBDIVISION APPLICATION 30T- 96001 ACTIVA HOLDINGS INCORPORATED SOUTH WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 - 132 - CITY OF KITCHENER 4. BPS-00-090 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 3.11 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. 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. 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 Ministry of Transportation that condition 4.2 has been carried out to the satisfaction of the Ministry of Transportation. The clearance letter from the Ministry 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 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. OTTAWA STREET SOUTH REVISION TO LAURENTIAN WEST COMMUNITY PLAN ZONE CHANGE APPLICATION ZC 96116101PB SUBDIVISION APPLICATION 30T- 96001 ACTIVA HOLDINGS INCORPORATED SOUTH WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 - 133 - CITY OF KITCHENER 4. BPS-00-090 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, address, and phone number. Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus in 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 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. 8. The proposed sanitary sewage collection system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section OTTAWA STREET SOUTH REVISION TO LAURENTIAN WEST COMMUNITY PLAN ZONE CHANGE APPLICATION ZC 96116101PB SUBDIVISION APPLICATION 30T- 96001 ACTIVA HOLDINGS INCORPORATED SOUTH WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 - 134 - CITY OF KITCHENER 4. BPS-00-090 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, 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 that a Regional Release is issued by the Regional Commissioner of Planning and Culture to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. 12. When the survey has been completed and the final plan prepared, to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of the approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the 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 OTTAWA STREET SOUTH REVISION TO LAURENTIAN WEST COMMUNITY PLAN ZONE CHANGE APPLICATION ZC 96116101PB SUBDIVISION APPLICATION 30T- 96001 ACTIVA HOLDINGS INCORPORATED SOUTH WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 - 135 - CITY OF KITCHENER It is the opinion of this Committee that approval of this subdivision application is proper planning for the City." 5. BPS-00-087 800 OTTAWA STREET SOUTH ZONE CHANGE APPLICATION ZC 97/29/O/VL IMPERIAL OIL LIMITED / 1210873 ONTARIO LIMITED SOUTH WARD The Committee was advised the Department of Business and Planning Services was in receipt of an application from Imperial Oil Limited - 1210873 Ontario Limited, to change the zoning of lands known municipally as 800 Ottawa Street South. The subject property is a 0.511 hectare (1.264 acre) vacant lot located on the north-west corner of Ottawa Street and Strasburg Road. It was noted in the report that the purpose of the application was to re-zone the lands to permit the development of a plaza containing service commercial uses. In this regard, the Committee considered staff report BPS-00-087 dated July 24, 2000 and a proposed by-law dated July 19, 2000 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. The Committee was advised that staff had nothing further to add to the report under consideration. Mr. Murray Huffman was in attendance and indicated support for the recommendation in the staff report. No other delegations were registered respecting this matter. On motion by Mayor C. Zehr: It was resolved: "That Zone Change Application ZC 97/29/0NL (800 Ottawa Street South - Imperial Oil Limited/1210873 Ontario Limited) requesting a change in zoning from General Industrial Zone (M-2) to Service Commercial Zone (C-6) with special regulation provision 346R on lands legally described as Part of Lots 1 and 2, Municipal Compiled Plan 1022 in the City of Kitchener, be approved, in the form shown in the attached "Proposed By-law", dated July 19, 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-00-101 REVISIONS TO CITY OF KITCHENER SIGN BY-LAW RE CAMPAIGN SIGNS The Committee considered Business and Planning Services staff report BPS-00-101 dated August 3, 2000 dealing with proposed revisions to the City of Kitchener Sign By-law with regard to the issue of campaign signs. In this regard, the proposed by-law dated August 2, 2000 was attached to the staff report and would implement Council's direction to increase the permitted size of campaign signs in any zone in the City and permit campaign signs to be non-accessory to the lot upon which the sign is located. As well, the proposed by-law introduces a new period of installation and of removal of all campaign signs. It was pointed out that notice that the Committee would hold a public meeting to consider this matter had previously been given. BPS-00-101 REVISIONS TO CITY OF KITCHENER SIGN BY-LAW RE CAMPAIGN SIGNS (CONT'D) Ms. J. Given provided a brief overview of the report and advised that staff had nothing further to add. It was noted that the requirement to remove signs 72 hours after the election date matched what has been inacted in the Region of Waterloo's By-law. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 - 136 - CITY OF KITCHENER No delegations were registered respecting this matter. On motion by Councillor J. Ziegler: It was resolved: "That Council approve the "proposed by-law" attached to staff report BPS-00-101 dated August 2, 2000 to amend Chapter 680 (Signs) of the City of Kitchener Municipal Code with respect to campaign signs." BPS-00-092 MCINTYRE DRIVE ZONE CHANGE APPLICATION ZC O01241MIPB (CITY - INITIATED) SOUTH WARD The Committee was advised that the City of Kitchener had initiated a Zone Change Application to revise the location of the hazard land zone to reflect revised flood plain mapping, new fill line mapping and a buffer zone, as required by Provincial policy, with respect to a parcel of land located in the Huron Business Park known as Site 132 that has frontage on both Mclntyre Drive and Bleams Road. In this regard, the Committee considered staff report BPS-00-092 dated July 10, 2000 and a proposed by-law dated July 25, 2000 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 purpose of the application and circulated a final copy of Map No. 1, which she asked replace the informal map attached to the staff report. No delegations were registered respecting this matter. On motion by Councillor T. Galloway: It was resolved: "That Zone Change Application ZC 00/24/M/PB (Mclntyre Drive - City of Kitchener) requesting a change in zoning to implement a creek realignment which will slightly modify the limits of the Restricted Business Park (B-2) Zone, Business Park Service Centre (B-3) Zone and Hazard Land (P-3) Zone on lands legally described as Part Lot 12, Registrar's Compiled Plan 1471, more particularly described as Parts 2 and 4, Reference Plan 58R- 6714, be approved in the form shown in the attached "Proposed By-law", dated July 25, 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-00-086 41 ARDELT PLACE ZONE CHANGE APPLICATION ZC 00/10/A/TMW DOYLE INVESTMENTS CORPORATION FAIRVIEW WARD The Committee was advised that the Department of Business and Planning Services was in receipt of an application from Doyle Investments Corporation to change the zoning of lands known municipally as 41 Ardelt Place. The purpose of the application is to add a special regulation provision to the lands to permit office uses to occupy 100% of the gross floor area of a building, up to a maximum floor space ratio of 0.5 on the subject property which is comprised of BPS-00-086 41 ARDELT PLACE ZONE CHANGE APPLICATION ZC 00/10/A/TMW DOYLE INVESTMENTS CORPORATION PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 - 137 - CITY OF KITCHENER FAIRVlEW WARD (CONT'D) approximately 5.65 hectares (13.98 acres) located on the south side of Ardelt Place, east of Ardelt Avenue. In this regard, the Committee considered staff report BPS-00-086 dated July 13, 2000 and a proposed by-law dated July 13, 2000 attached to the report. It was pointed out that notice that the Committee would hold a public meeting to consider this matter had previously been given. Ms. C. Ladd provided an explanation of the application and advised that staff had nothing further to add. Ms. Ladd advised that Mr. Jenkins, who was representing the applicant, had been in attendance earlier at the meeting but was no longer present. No other delegations were registered respecting this matter. On motion by Councillor J. Ziegler: It was resolved: "That Zone Change Application ZC 00/10/A/TMW (41 Ardelt Place - Doyle Investments Corporation) requesting a change in zoning from Heavy Industrial Zone (M-4) to Heavy Industrial Zone (M-4) with Special Regulation Provision 331R on lands legally described as Part of Lots 17 and 18, Registered Plan 791 and Part of Lot 1, Registered Plan 1023, more particularly described as Part 1, Reference Plan 58R-9192 and Parts 1 and 2, Reference Plan 58R-3800, be approved in the form shown in the attached "Proposed By-law", dated July 13, 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-00-089 106 CLIVE ROAD ZONE CHANGE APPLICATION ZC O01221ClLR -JACK LUDWIG AND BERNICE LUDWIG CHICOPEE WARD The Committee was advised that the Department of Business and Planning Services was in receipt of an application from Jack Ludwig and Bernice Ludwig to change the zoning of lands known municipally as 106 Clive Road. The purpose of the proposed change is to rezone the subject property which is located mid-way between Fairmont Road and Montgomery Road to permit a triplex through the use of a third apartment in the basement of the current two stow duplex. In this regard, the Committee considered staff report BPS-00-089 dated July 10, 2000 and a proposed by-law dated July 10, 2000 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. The Committee was advised that staff had nothing further to add to the report under consideration. No delegations were registered respecting this matter. On motion by Councillor B. Vrbanovic: It was resolved: = "That Zone Change Application ZCOOI22/C/LR (106 Clive Road - Jack Ludwig and Bernice Ludwig), requesting a change in zoning from a Residential Four Zone (R-4) to a Residential Six Zone (R-6) with a Special Regulation Provision 340R on lands legally described as Part lots 179 and 180, Registered Plan 651, be approved, in the form shown in the attached "Proposed By-law" dated July 10, 2000, without conditions. BPS-00-089 106 CLIVE ROAD ZONE CHANGE APPLICATION ZC O01221ClLR -JACK LUDWIG AND BERNICE LUDWIG CHICOPEE WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 - 138 - CITY OF KITCHENER 10. 11. 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-00-107 IMPLEMENTATION OF DELEGATED APPROVAL AUTHORITY PLANS OF SUBDIVISION AND CONDOMINIUM, PHASE 2 The Committee considered Business and Planning Services staff report BPS-00-107 dated August 14, 2000, dealing with implementation of Delegated Approval Authority for Plans of Subdivision and Condominium, Phase 2. It was noted in the report that on June 13, 2000, the Minister of Municipal Affairs and Housing made an order which had the effect of withdrawing approval authority for Plans of Subdivision and Condominium received prior to March 28, 1995 from the Region and delegating it to the Council of the City of Kitchener. This order implements Phase 2 of the Delegated Approval programme and accordingly, the City now exercises approval authority for all Plans of Subdivision and Condominium, regardless of the date they were received. The Committee was advised that staff had nothing further to add in respect to this matter. On motion by Mayor C. Zehr: It was resolved: "1) That City Council approve the draft By-law attached to staff report BPS-00-107, to further delegate to the General Manager of Business and Planning Services certain authority relative to plans of subdivision and plans of condominium under the provisions of Section 51.2 of the Planning Act; and 2) That a copy of the approved sub-delegation by-law be forwarded to the Minister of Municipal Affairs in accordance with Clause 4 of O. Reg. 341/00; and further, 3) That City Council rescind Council Policy 1-636 -"Approval Authority - Delegation - General Manager of Business and Planning Services"." BPS-00-108 1762 OLD MILL ROAD CHANGE IN LAND USE DOON - PIONEER WARD The Committee was in receipt of Business and Planning Services staff report BPS-00-108 dated August 16, 2000 dealing with the issue of land use and possible change in that regard with respect to the property known municipally as 1762 Old Mill Road. It was noted in the report that on August 2, 2000, City Council passed a resolution requesting that a report be prepared pertaining to the land use designation of 1762 Old Mill Road in light of the potential purchase of the property by the Homer Watson House Foundation and in addition, information was requested relative to the process for a change in land use. The staff report discusses implications in this regard. On motion by Councillor J. Ziegler: It was resolved: "That should a change to the zoning for 1762 Old Mill Road be considered appropriate, the Department of Business and Planning Services be directed to initiate a zone change on the lands to Public Park Zone (P-l) immediately following the final closing sale of the property; and further, that the zone change be considered 'minor' under Council Policy 1- 705 and preliminary circulation be waived." 12. BPS-00-103 ADDENDUM TO PD 97/80 & PD 98/38 -SECOND MEANS OF ACCESS TO HIDDEN VALLEY - WABANAKI DRIVE EXTENSION VACE INVESTMENTS INC. - BRIDLE PATH ESTATES FAIRVIEW WARD PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 - 139 - CITY OF KITCHENER The Committee considered Business and Planning Services staff report BPS-00-103 dated August 11, 2000 prepared as an addendum to staff reports PD 97/80 and PD98/38. The reports deal with the matter of a second means of access to Hidden Valley / Wabanaki Drive extension and the request of Vace Investments Inc. - Bridle Path Estates in that regard. Mr. L. Masseo summarized the history of this issue as outlined in the background section of the staff report and noted that with completion of the environmental assessment, Vace was proposing to advance $500,000. to implement the second means of access to Hidden Valley. He advised that staff did not agree with the proposal by Vace and suggested at a minimum, the building permit cap could be relaxed if a temporary emergency access could be constructed between Fairway Road and Hidden Valley Drive. Further, the staff recommended that no consideration be given to advancing the time frame for the Wabanaki Drive extension. In response to Councillor J. Ziegler, Mr. D. Mansell recommended that the timing issue not be dealt with at this point. It was requested that when this matter comes to the annual budget meeting, the newspaper article describing a recent blockage of access to the area be attached to staff's report. Councillor J. Ziegler asked that questions of Richard and Kathryn Payette contained in their August 13, 2000 correspondence be addressed. For the record, the Committee was also in receipt of correspondence dated August 16, 2000 from Lynne Dowsett. Mr. Aaron Klassen appeared as a delegation on behalf of Vace Investments / Bridle Path Estates and read his August 21, 2000 submission that was distributed to the Committee with its agenda. His submission described the offer of Bridle Path Estates to provide $500,000. to fund the cost of a road connection between Fairway Road and Hidden Valley Road and the rationale to support it. Subsequently the requirements of the subdivision agreement would then have been met and the holding provision on building permit issuance could be lifted. Mr. Paul Dietrich, also appeared as a delegation on behalf of Vace Investments / Bridle Path Estates respecting their proposal. He suggested that they pay for access across Motz Park but that it be barricaded but not opened and that the City could then budget for the completion of the road at a later date. Further, he noted that their cost would be significantly more than $500,000., as the railroad crossing signals were at least $250,000. Councillor J. Ziegler summarized that this temporary access would effectively be the first stage in completion of a permanent road access and would be used as an emergency access in the interim in exchange for the subdivision being able to obtain building permits. Mr. K. Meyer commented that traffic staff had a concern that by lifting the holding provision, higher volumes of traffic would be introduced into the Hidden Valley area, whose roads were at this time developed only to a rural standard. Mayor C. Zehr noted that it was unlikely many homes would be built in the near future if the holding provision was released. Councillor J. Ziegler suggested that in respect to recommendation 1) of report BPS-00-103, it be revised to delete reference to the City's ten Year Capital Forecast, and a phrase be added at the end to read 'with emphasis being made on the need for safety in the community and a second access'. In respect to Recommendation 2), he suggested it could be revised to lift the fifteen building permit cap subject to the developer providing funds to complete the Wabanaki Drive extension. Mr. D. Mansell commented on the substantial period of time it would take to get necessary approvals and tender for the road. On motion by Mayor C. Zehr: 12. BPS-00-103 ADDENDUM TO PD 97/80 & PD 98/38 -SECOND MEANS OF ACCESS TO HIDDEN VALLEY - WABANAKI DRIVE EXTENSION VACE INVESTMENTS INC. - BRIDLE PATH ESTATES FAIRVlEW WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 - 140 - CITY OF KITCHENER 13. It was resolved: "That implementation of a second means of access to the Hidden Valley Community be referred to the Auqust 28, 2000 Council meetinq and that planning staff in consultation with representatives of Vace Investments Inc. - Bridle Path Estates develop a recommendation reflecting the following suggestions of Councillor J. Ziegler: a) that the proposed Wabanaki Drive Extension be dealt with during the City's 2001 annual capital budget process given the need for safety in the community and a second access, b) that the 15 building permit cap be lifted subject to the Developer providing the City with the necessary funds to complete the Wabanaki Drive Extension in its final form between Hidden Valley Road and Fairway Road with such road to be constructed at no cost to the City." BPS-O0-094 223 BREITHAUPT STREET -DEMOLITION CONTROL APPLICATION DC O01041BIZJ -GEORGE AND IRENE DOERR BRIDGEPORT - NORTH WARD 14. The Committee considered Business and Planning Services staff report BPS-00-094 dated July 21, 2000 pertaining to a demolition control application submitted by George and Irene Doerr with respect to the property known municipally as 223 Breithaupt Street. It was noted in the report that the applicant proposes to demolish the existing two and a half stow residential dwelling and provide improved driveway access and parking for the existing truck body and trailer manufacturing business. Further, it was pointed out that the subject property is located in the Breithaupt Street industrial area and that it was the intent to gradually phase out residential uses in this area as provided for in the Municipal Plan and Zoning By-Law. No delegations were registered respecting this matter. On motion by Councillor John Smola: It was resolved: "That Demolition Control Application DC 00/4/B/ZJ (George and Irene Doerr) requesting approval of the demolition of the vacant residential building at 223 Breithaupt Street, legally described as Part of Lots 232 and 233, Registered Plan 376, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City." BPS-00-095 750 KING STREET WEST -DEMOLITION CONTROL APPLICATION DC 89/03NL -1188402 ONTARIO LIMITED BRIDGEPORT - NORTH WARD 14. The Committee considered Business and Planning Services staff report BPS-00-095 dated July 24, 2000 relating to a request by 1188402 Ontario Limited to revise Demolition Control Application DC 89/3NL respecting the lands known municipally as 750 King Street West. It was noted in the report that the applicant proposes to demolish the two and a half stow residential dwelling in order to provide additional parking for the food store next door. Further, it was pointed out in the report, that the new owner of the food store requested a modification to the previous approval to delete the last condition pertaining to timing of demolition and the resulting penalty in that regard. Staff agree that the condition is no longer applicable or valid as a condition of BPS-00-095 750 KING STREET WEST -DEMOLITION CONTROL APPLICATION DC 89/03NL -1188402 ONTARIO LIMITED BRIDGEPORT - NORTH WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 21, 2000 - 141 - CITY OF KITCHENER demolition, nor is the clause pertaining to phasing the development. No delegations were registered respecting this matter. On motion by Councillor John Smola: It was resolved: That Council's decision of December 11, 1989 pertaining to Demolition Control Application DC 89/3NL [Central Meat Market (Kitchener) Ltd.] be rescinded. That Demolition Control Application DC 89/3NL (1188402 Ontario Limited) requesting approval of the demolition of the vacant residential building at 750 King Street West, legally described as Part of Lot 21, Registered Plan 413, and b.~e approved subject to the following revised condition: 1) That a Supplementary Section 41 Development Agreement be registered on title of the subject land including the following: a) The addition of the new lands into the agreement; and b) Inclusion of a Revised Site Plan. It is the opinion of this Committee that approval of this application is proper planning for the City." 15. HIGHLAND ROAD WEST / WESTMOUNT ROAD - SHIFT OF ACCESS POINTS Councillor C. Weylie, for the record, advised that the Region of Waterloo and City staff have agreed to allow a slight shift of existing access points on each street to facilitate development of this former service station site located on the south-west corner of the intersection of Highland Road West and Westmount Road adjacent to an existing commercial plaza. 16. ADJOURNMENT On motion, the meeting adjourned at 6:10 p.m. L.W. Neil, AMCT Assistant City Clerk