Loading...
HomeMy WebLinkAboutPlng & Econ Dev - 2000-12-11PED\2000-12-11 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 11r 2000 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:40 p.m. under Councillor C. Weylie, Chair with the following members present: Councillors J. Ziegler, J. Smola, G. Lorentz and M. Galloway. Mayor C. Zehr and Councillor B. Vrbanovic entered the meeting after its commencement. Officials Present: Ms. L. MacDonald, C. Ladd, J. Koppeser, J. Given and T. Malone-Wright and Messrs. B. Stanley, J. Witmer, D. Mansell, G. Borovilos, G. Richardson, Z. Janecki, L. Bensason, P. Wetherup and L.W. Neil. 1. BPS-00-157 - 94 BORDEN AVENUE SOUTH - ZONE CHANGE APPLICATION ZC 00/30/B/CL - ROBERT GOOD - WEST- VICTORIA PARK The Committee was advised that the Department of Business and Planning Services was in receipt of an application from Robert Good to change the zoning of lands known municipally as 94 Borden Avenue South. The applicant requests approval to extend the permitted uses of the land to include the sale of motor vehicles in addition to the repair and wholesaling of motor vehicles and the sale of flags. In this regard, the Committee considered staff report BPS-00-157 dated November 8, 2000 and a proposed by-law dated November 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 purpose of the application and advised that staff had nothing to add. No delegations were registered respecting this matter. On motion by Councillor G. Lorentz - It was resolved: "That Zone Change Application ZC 00/30/B/CL (94 Borden Avenue South - Robert Good) proposing to add special use provision 290U to the Existing Use Zone (E-l), on Part Lots 458, 459, 460, 461, 462, 463, 464, 465, Plan 262 and Part Lot 4, Streets and Lanes, be approved in the form shown in the "Proposed By-law" attached, dated November 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 City's Municipal Plan." BPS-00-159 CRPS-00-092 - AMUSEMENT ARCADES IN THE DOWNTOWN ZONE CHANGE APPLICATION ZC 97/17/K/JG AND ZC 98/4/K/JG 350 AND 122 KING STREET WEST AMUSEMENT ARCADE BY-LAW BRIDGEPORT - CENTRE WARD AND WEST - VICTORIA PARK WARD The Committee was advised that the Department of Business and Planning Services was in receipt of the zone change applications from Sammy's Social Club with respect to 350 King Street West and The Lyric Night Club with respect to 122 King Street West requesting relief from the zoning regulations governing the location of amusement arcades in the downtown. It was noted that following consideration of these applications staff took a comprehensive approach to regulating arcades by changing the regulations for the D-1 and D-2 zones rather than a site specific change to the two properties which submitted the applications. Accordingly, the proposed zone change will revise the regulations governing the location of amusement arcades for all properties in the D-1 and D-2 zones. In this regard, the Committee considered staff report BPS- 00-159 dated November 27, 2000 and a proposed by-law dated November 14, 2000 attached to the report. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 11, 2000 - 175 - CITY OF KITCHENER 2. BPS-00-159 CRPS-00-092 - AMUSEMENT ARCADES IN THE DOWNTOWN ZONE CHANGE APPLICATION ZC 97/17/K/JG AND ZC 98/4/K/JG 350 AND 122 KING STREET WEST AMUSEMENT ARCADE BY-LAW BRIDGEPORT - CENTRE WARD AND WEST - VICTORIA PARK WARD (CONT'D) The Committee was also in receipt of Corporate Services report CRPS-00-092 dated November 20, 2000 and attached draft by-law dated November 24, 2000 that would repeal and replace Chapter 506 of the City Kitchener Municipal Code with respect amusement arcades. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mayor C. Zehr entered the meeting at this point. Ms. J. Given introduced and summarized the two staff reports. She noted that the proposed Licencing By-law deals with all amusement arcades and incorporates the requests of the two zone change applicants. Ms. Given pointed out that hours of operation were being regulated for restaurants with arcades only and that the 6:00 p.m. to 1:00 a.m. time frame was based on input from the Downtown Business Association. Mr. Marty Schreiter appeared as a delegation representing the Kitchener Downtown Business Association, referred to its involvement and advised that the membership supports the recommendations outlined in the staff reports. Mr. Darryl Moore appeared as a delegation on behalf T. DiBattista, owner of the Lyric Night Club and advised that he had a concern with regard to Clause 20 of the Amusement Arcade By-law. He commented that being required to shut down the arcade machines at 1:00 a.m. was inappropriate as this was within their peak operating time. He advised that Mr. T. DiBattista has requested the Committee defer a vote on this entire matter until he could review it with his solicitor. A brief discussion took place during which Ms. J. Koppeser, Manager of Licencing, advised that the 1:00 a.m. closing time of the arcade machines was selected based on concerns expressed some time ago by Council with respect to patrons of these establishments who were all leaving the premises at the same time. Accordingly, it was thought that it might be advantageous to stagger the 1:00 a.m. closing time of the arcade machines instead of the 2:00 a.m. closing of bar service. Mr. Moore indicated that their peak hours of operation range from 12:30 a.m. to after 1:30 a.m. and suggested that given the arcades are an accessory use they should be operating in conjunction with the main activity of the establishment. Mr. Steve McMurray, Mclntyre McMurray, Barristers, appeared as a delegation on behalf of Sammy's Social Club and expressed the same concern with the respect to the 1:00 a.m. closing hour noting that these types of operations don't reach capacity until between 11:30 p.m. and 12:00 midnight. He suggested that a 1:00 a.m. closure of the arcade operations would create an enforcement problem and that timing was not an issue raised by merchants. Councillor B. Vrbanovic entered the meeting at this point. No other delegations were registered respecting this matter. The Committee then dealt with the recommendations in staff report BPS-00-159. On motion by Councillor J. Ziegler - It was resolved: "That Zone Change Applications ZC 97/17/K/JG (350 King Street West - Sammy's Social Club) and ZC 98/4/K/JG (122 King Street West- Lyric Night Club) proposing to amend the permitted location of amusement arcades in the D-1 and D-2 zones be approved, in the form shown in the proposed By-law, dated November 14, 2000, without conditions. 2. BPS-00-159 AMUSEMENT ARCADES IN THE DOWNTOWN PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 11, 2000 - 176 - CITY OF KITCHENER ZONE CHANGE APPLICATION ZC 97/17/K/JG AND ZC 98/4/K/JG 350 AND 122 KING STREET WEST CRPS-00-092 - AMUSEMENT ARCADE BY-LAW BRIDGEPORT - CENTRE WARD AND WEST - VICTORIA PARK WARD (CONT'D) It is the opinion of this Committee that approval of these applications is proper planning for the City and is in conformity with the City's Municipal Plan." The Committee then considered the recommendation dealing with a draft Amusement Arcade By- law which was attached to staff report CRPS-00-092. Councillor J. Ziegler proposed that the hours of operation outlined in Clause number 20 of the draft by-law be extended from 1:00 a.m. to 2:00 a.m. On motion by Councillor J. Ziegler - It was resolved: "That the draft Amusement Arcade By-law attached to the report of J. Koppeser, Manager of Licensing, dated November 20, 2000 be revised to provide that the hours of operation outlined in clause #20 be changed to '6:00 pm to 2:00 am' and that the by-law, as revised, be recommended to Council for enactment." BPS-00-154 OPRINGTON DRIVE REVISION TO HIGHLAND WEST COMMUNITY PLAN SUBDIVISION APPLICATION 30T-00202 ACTIVA DEVELOPMENT CORPORATION WEST - VICTORIA PARK WARD The Committee was advised that the Department of Business and Planning Services was in receipt of a subdivision application for an approximate 3.208 hectare parcel of land located on the westerly side of Oprington Drive in the Highland West Community. The subject property was originally intended to be developed with an elementary school, but has been declared surplus by the Waterloo Region District School Board. The application is for permission to create 72 lots for single detached dwellings; however, an amendment to the Highland West Community Plan is required to change the designation from 'Neighbourhood Institutional' to 'Low Density Residential'. In this regard, the Committee considered staff report BPS-00-154 dated November 14, 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. T. Malone-Wright provided a brief explanation of the application and advised that since preparation of the report, it had been agreed to delete a lot situate between lots 8 and 39 of the Plan of Subdivision dated October 16, 2000. Accordingly, administrative changes in respect to lot and block numbering under Clause B-1 of the recommendation and related changes under Clause B-2 to conditions 51,61,62 and 63 were requested. Mr. Paul Britton, MacNaughton Herman Britton Clarkson Planning Ltd., appeared as delegation along with the applicant and consultants to express support for the recommendations contained in the staff report. He did draw the Committee's attention to condition 64, relating to the 5% parkland dedication and advised that they were reviewing old files to ensure that the calculation relative to this subdivision was correct. Ms. C. Ladd confirmed that staff had also been reviewing the parkland dedication issue in relation to previous dedications. In response to Mayor C. Zehr, Mr. P. Wetherup advised that with the loss of this school site there were still two ball diamonds and a playground, as well an open turf area and wood lot available to the residents of this proposed subdivision. The recommendation in the staff report, as well as the revisions requested by staff this date, were then considered. BPS-00-154 OPRINGTON DRIVE REVISION TO HIGHLAND WEST COMMUNITY PLAN PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 11, 2000 - 177 - CITY OF KITCHENER SUBDIVISION APPLICATION 30T-00202 ACTIVA DEVELOPMENT CORPORATION WEST- VICTORIA PARK WARD (CONT'D) On motion by Councillor B. Vrbanovic - It was resolved: A. That the "Highland West Community Plan" be revised as follows: a) That Map B - General Land Use be revised to redesignate the lands shown on the attached map from "Neighbourhood Institutional" to "Low Density Residential." b) That Policies 3.4.5 and 3.4.6 be deleted to remove reference to the public elementary school in Area 1. It is the opinion of this Committee that approval of this revision to the Community Plan is proper planning for the City. 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-00202 in the City of Kitchener for Activa Development Corporation subject to the following conditions: That this approval applies to Plan of Subdivision 30T-00202 for Activa Development Corporation as shown on the plan prepared by MacNaughton Hermsen Britton Clarkson Planning Limited, dated December 4, 2000, and as shown on the attached Plan of Subdivision prepared by the City of Kitchener, dated December 11,2000, which shows the following: Lots 1-71 Block 72 Block 73 - 71 single detached - walkway/emergency access - stormwater management 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 on the attached Plan of Subdivision and that the following special conditions be written therein: The Subdivider convenants and agrees: 51. That the final plan(s) for registration shall be prepared in accordance with the attached Plan of Subdivision, dated December 11, 2000, provided that minor amendments to said plan, acceptable to the General Manager of Business and Planning Services, and not affecting the numbering of any lots or blocks, may be permitted without amendment to this agreement. Any changes affecting the numbering of the lots or blocks shall require an amendment to this agreement to reflect such changes. 52. That prior to any grading or construction on site or registration 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, and Union Gas Limited. BPS-00-154 53. That prior to any grading or construction on the site or registration of the OPRINGTON DRIVE REVISION TO HIGHLAND WEST COMMUNITY PLAN SUBDIVISION APPLICATION 30T-00202 ACTIVA DEVELOPMENT CORPORATION PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 11, 2000 - 178 - CITY OF KITCHENER WEST- VICTORIA PARK WARD (CONT'D) 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. Said engineering design shall include an erosion an 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. 54. That landscape plans of the proposed storm water management facility shall be approved by the General Manager of Community Services 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 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. 55. 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. 56. That the name of the street within the plan shall be that shown on the Plan of Subdivision. 57. That construction traffic to and from the proposed subdivision shall be restricted to Oprington Drive to Victoria Street South. 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. 58. The Subdivider shall maintain all road allowances within the vicinity of the Works within the Plan free of mud, dust, litter and obstruction on an ongoing basis throughout the term of this Agreement. The Subdivider, on receiving either written or verbal notification from the City to the Subdivider or his/her representatives that work is required, shall immediately undertake such necessary work to clear and/or clean the road allowances. In the event the Subdivider fails to comply, the City may arrange for the necessary work to be undertaken at the expense of the Subdivider. 59. 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. 3. BPS-00-154 60. That in consideration of the wooded character of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, the Subdivider agrees to comply with the following process in the development of the subdivision in accordance with the City's approved Tree Management Policy: OPRINGTON DRIVE REVISION TO HIGHLAND WEST COMMUNITY PLAN SUBDIVISION APPLICATION 30T-00202 ACTIVA DEVELOPMENT CORPORATION WEST- VICTORIA PARK WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 11, 2000 - 179 - CITY OF KITCHENER 3. BPS-00-154 61. 62. a) prior to the City's releasing the plan of subdivision 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 PublicWorks 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 approved on the Detailed Vegetation Plan and/or 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 as 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 Plan 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 Director of Planning and shall be satisfactorily implemented prior to occupancy of the unit or due to weather conditions by the next planning season. 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 a) Block 73 for stormwater management purposes. To dedicate to the City of Kitchener free of encumbrance, through plan registration, the following lands for the purposes stated therein. a) Block 72 for public walkway/emergency access. OPRINGTON DRIVE REVISION TO HIGHLAND WEST COMMUNITY PLAN SUBDIVISION APPLICATION 30T-00202 ACTIVA DEVELOPMENT CORPORATION WEST- VICTORIA PARK WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 11, 2000 - 180 - CITY OF KITCHENER 3. BPS-00-154 63. 64. 65. 66. 67. 68. 69. 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 rear property lines of Lots 28-38, inclusive, where the above lot lines abut the open space of Eastforest Park (Block 64, Registered Plan 1738). The Subdivider further agrees to include a statement advising of the marking system requirement in all Offers to Purchase and Agreements of Purchase and Sale for the lots affected by this Section. That the 5% parkland dedication required for the entire Plan of Subdivision, being 3.208 hectares, shall be satisfied by a cash-in-lieu contribution for 5% of the value of the all the lands within the plan. The value of the cash contribution shall be determined by the City's appraiser as of the day before the day of approval of the draft plan of subdivision, payable to the City prior to the City's release of the plan for registration. 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 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 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. 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 10.9 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. The Subdivider agrees that no driveways shall be installed within 1.0 metres of a street light pole or hydro pole 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. 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 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. OPRINGTON DRIVE REVISION TO HIGHLAND WEST COMMUNITY PLAN SUBDIVISION APPLICATION 30T-00202 ACTIVA DEVELOPMENT CORPORATION WEST- VICTORIA PARK WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 11, 2000 - 181 - CITY OF KITCHENER 70. 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. = REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the owner enter into an agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Engineering shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or portion of the plan to be registered. 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 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 plan approval satisfied, including the availability of servicing, until the plan is registered." = OTHER AGENCY CONDITIONS Prior to any grading or construction on the site and prior to registration of the plan, the owners or their agents submit the following plans and reports to the satisfaction of the Grand River Conservation Authority. a) A detailed storm water management report in accordance with the 1994 Ministry of the Environment and Energy Report entitled "Stormwater Management Practices Planning and Design Manual:, the Detweiler Drainage Study and in keeping with the Preliminary Stormwater Management Report (Stantec, March 2000 and addendum letter- Stantec, June 26, 2000). b) A detailed Lot Grading, Drainage and Storm Servicing Plan. c) An Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority's Guidelines for sediment and erosion control, indicating means whereby erosion will be minimized and silt maintained on- site throughout all phases of grading and construction. = = BPS-00-154 CLEARANCE CONDITIONS OPRINGTON DRIVE REVISION TO HIGHLAND WEST COMMUNITY PLAN - SUBDIVISION APPLICATION 30T-00202 - ACTIVA DEVELOPMENT CORPORATION WEST- VICTORIA PARK WARD (CONT'D) 1. That prior to the signing of the final plan, the City's General Manager of Business and PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 11, 2000 - 182 - CITY OF KITCHENER Planning Services is to be advised that Conditions 3.1 and 3.2 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region to the City shall include a brief statement detailing how each condition has been satisfied. That prior to the signing of the final plan, the City's General Manager of Business and Planning Services is to be advised that Condition 4.1 has been carried out to the satisfaction of the Grand River Conservation Authority. The clearance letter from the Grand River Conservation Authority to the City shall include a brief statement detailing how the condition has been satisfied. NOTES The owner/developer is advised that the provisions of Regional Development Charge By-law 99-038 and the provisions of the Development Charge By-law of the City of Kitchener adopted in accordance with the Development Charges Act (Bill 98) apply to this draft approval. 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. 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. 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 the Environment and Energy for approval. The proposed stormwater management system meets the definition of a sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the 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 the Environment and Energy for approval. BPS-00-154 This draft plan was received on or after May 22, 1996 and shall be processed and OPRINGTON DRIVE REVISION TO HIGHLAND WEST COMMUNITY PLAN - SUBDIVISION APPLICATION 30T-00202 - ACTIVA DEVELOPMENT CORPORATION WEST- VICTORIA PARK WARD (CONT'D) finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 11, 2000 - 183 - CITY OF KITCHENER 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 as 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 and use. 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. 10. 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. 11. 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 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 and under The Registry Act and for our use: One (1) original mylar Four (4) mylar copies Four (4) white paper prints It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan." BPS-00-155 150 HIGHLAND ROAD WEST ZONE CHANGE APPLICATION ZC O01211HIBH CITY OF KITCHENER / HOWARD ROTBERG WEST - VICTORIA PARK WARD The Committee was in the receipt of a zone change application submitted jointly by the City of Kitchener and Howard Rotberg with respect to the property know municipally as 150 Highland Road West. The proposed rezoning would permit the existing building (former Fire Station) on BPS-00-155 - 150 HIGHLAND ROADWEST ZONE CHANGE APPLICATION ZC O01211HIBH CITY OF KITCHENER / HOWARD ROTBERG WEST- VICTORIA PARK WARD (CONT'D) the lands to be used for 19 apartment units. It is also intended that approximately 5 condominium townhouse units be constructed to the rear of the existing building. As well special regulations are proposed with respect to parking and the driveway. In this regard, the Committee considered Business and Planning Services staff report BPS-00-155 dated November 9, 2000 and a proposed by-law dated November 8, 2000 attached to the report. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 11, 2000 - 184 - CITY OF KITCHENER 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 the Committee with a summary of the application and noted that approval only of the recommendation was being requested at this time and that the proposed By-law would not be given any readings until condition No. 1 had been satisfied. Mr. G. Richardson requested that a minor revision be added to the proposed By-law that would allow the existing building at its existing westerly sideyard and current height. He then referenced the letter received from Ms. Karena Somer expressing her concerns with regard to the rezoning. To address some of her privacy concerns he advised that the site plan will require frosted glass in windows of the side of the building that abut her property. Mr. Howard Rotberg appeared as a delegation in support of the staff report and circulated a site plan and drawings illustrating the building elevations and interior layout of the residential units. Mr. Rotberg advised that renovations were intended only for the interior, development plans had been provided to the neighbourhood, a 7 foot fence will be erected along the rear of Patricia Avenue properties, frosted glass would be installed on the side of the building to address Ms. Somer's concerns, and that the project was being developed under the RRAP to add affordable housing stock. Further he suggested that residential use would result in much less traffic than the potential uses that were first proposed for the property. In response to Councillor C. Weylie, he advised that a laneway from the site to Patricia Avenue was eliminated because it merges with a pedestrian walkway and alternatively the existing driveway from Highland Road is being widened. Mr. Clark Clemmer appeared as a delegation to reiterate traffic concerns expressed in his letter attached as an appendix to the staff report. His concerns relate to the lack of signage on Patricia Avenue restricting truck traffic, vision being restricted from his driveway, hydro trucks utilizing Patricia Avenue at Highland Road, all of which should result in a ban on parking on Patricia Avenue. Councillor C. Weylie requested that staff review this matter and consider a parking ban on one side of Patricia Avenue. Ms. Karena Somer appeared as a delegation in opposition to the proposed zone change. She advised that her home shares a sideyard with the former Fire Station and that she was unaware of the zoning change until two weeks ago. She circulated pictures illustrating her home in relation to the subject property. Correspondence dated December 6, 2000 from Ms. Somer was circulated to the Committee with its agenda. She expressed concern that the rezoning would devalue her property, result in problems and security issues in regards to the proposed walkway, as well as having the tenants negatively impact her privacy. In summary she stated that the apartment building use was a more obtrusive one than other possible uses. Following her presentation additional discussion took place involving Councillor C. Weylie, G. Richardson, H. Rotberg and Mayor C. Zehr. It was noted that signage was on the building indicating that it was for sale. Mr. G. Richardson indicated that possible uses of the building could have been for day care, religious facility or medical office. Councillor B. Vrbanovic commented the proposed use was the most compatible adaptive reuse of those available and he was confident the developer would be sensitive to the issues and concerns that had been raised in the neighbourhood. No other delegations were registered respecting this matter. BPS-00-155 150 HIGHLAND ROAD WEST ZONE CHANGE APPLICATION ZC O01211HIBH CITY OF KITCHENER / HOWARD ROTBERG WEST- VICTORIA PARK WARD (CONT'D) The recommendations in the staff report, as well as the revision requested to the proposed By-law, were then considered. On motion by Councillor B. Vrbanovic- It was resolved: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 11, 2000 - 185 - CITY OF KITCHENER "That Zone Change Application ZC 00/21/H/BH (150 Highland Road West - City of Kitchener/Howard Rotberg) requesting a change in zoning from Neighbourhood Institutional Zone (I-1) with Special Regulation Provision 1R to Residential Six Zone (R-6) with Special Regulation Provisions 348R and 1 R, on lands legally described as Lots 10, 11 and 12, Part of Lot 9, Plan 222, and Part of Lots 8, 17 through to 21, Municipal Compiled Plan of Subdivision of Lot 17, G.C.T., City of Kitchener, be approved in the form shown in the attached "Proposed By-law", dated November 8, 2000, as revised December 11, 2000 to allow the existing building at it existing westerly sideyard and current height subject to the following conditions: 1) That a Record of Site Condition be completed on the subject property, and acknowledged by the Ministry of Environment, prior to Council giving any readings of the amending Zone Change By-law. 2) The owner acknowledges that condition 1) is to be satisfied no later than 7 months after Council having approved by resolution Zone Change ZC 00/21/H/BH. In the event this resolution is not fulfilled within the seven month period, Council shall consider rescinding the zone change approval. 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-00-158 BPS-00-145 ADDENDUM TO BPS-00-145 PROPOSED STREET NAME CHANGE PORTION OF AUTUMN RIDGE TRAIL (#'s 7, 11, & 15) SOUTH WARD The Committee was in receipt of Business and Planning Services staff reports BPS-00-145 and BPS-00-158 dealing with a proposal to change the name of a portion Autumn Ridge Trail. Report BPS-00-145 describes background related to the reasons for proposing the name change. Mr. J. Witmer briefly explained the situation that occurred as a result of a reconfiguration of street patterns in the area for planning and environmental reasons. It was clarified that the change took place at the request of the City to change the subdivision plan and thereby save trees within Topper Woods. It was noted that three homeowners were directly affected by the proposed change. Mr. Steve Grant, Madorin Snyder, appeared as a delegation on behalf Paul and Karen Lawrence and distributed a plan illustrating the three lots in question and suggesting that park land on both sides of the streets could create a natural break in Autumn Ridge Trail and alleviate the necessity to involve these three properties in a street name change. He suggested that a less preferred alternative would be to designate portions of Autumn Ridge Trail as East and West. On another issue, he asked that the Committee refer residents concerns over speeding vehicles on the street to traffic staff for consideration of possible measures to reduce speeding. Mr. Colin Cavanagh advised that he was in concurrence with the remarks of Mr. Grant and was of the view that the street name should be retained in that residents had been living on it for two or three years. He suggested that if a change was to be made, it be to designate East and West portions of the street. He also called for traffic measures that would address the speeding BPS-00-158 ADDEN DU M TO BPS-00-145 BPS-00-145 - PROPOSED STREET NAME CHANGE - PORTION OF AUTUMN RIDGE TRAIL (#'s 7, 11, & 15) - SOUTH WARD (CONT'D) problem. Councillor M. Galloway advised that residents of Windrush Trail had already contacted City staff in respect to the speeding issue and a meeting was being scheduled to address it. Ms. Karen Knight appeared as a delegation and read a presentation distributed to Committee members this date objecting to the change and also requesting that all way stop signs be erected at the corner of Autumn Ridge Trail and Windrush Trail to address speeding. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 11, 2000 - 186 - CITY OF KITCHENER The Committee entered into a discussion of the issue with City staff after which it was suggested that only the undeveloped the portion of Autumn Ridge Trail be renamed and directional signs be erected in this regard. On motion by Councillor M. Galloway - It was resolved: "That the newly constructed portion of 'Autumn Ridge Trail' be renamed 'Forest Edge Trail'; · from Doon South Drive easterly to a point just west of Windrush Trail on the north side, and · from Doon South Drive easterly to the westerly lot line of #7 Autumn Ridge Trail on the south side; and further, That staff be requested to design directional signage in respect to Forest Edge Trail and Autumn Ridge Trail and advise Council in this regard as well as proposed locations where such signs are to be placed." BPS-00-163 171 QUEEN STREET SOUTH DEMOLITION CONTROL APPLICATION DC 00/08/Q/LR SANDHILLS RESIDENTIAL RETIREMENT COMMUNITY INC. WEST - VICTORIA PARK WARD The Committee was in receipt of Business and Planning Services staff report BPS-00-163 dated November 28, 2000. The report deals with an application to demolish a single detached dwelling located at 171 Queen Street South to allow additional construction space for the Sandhills Residential Retirement Community. Phase Two of the proposed development may include the lands that are currently the subject of this demolition request. It was noted in the report that the subject property is located on the southeastern side of Queen Street South between Church and Benton Streets and opposite Joseph Street. The property is of heritage significance as it is located within the Victoria Park Area Heritage Conservation District and is designated under Part V of the Ontario Heritage Act. Ms. C. Ladd provided a brief explanation of the staff report noting that staff were recommending that the demolition control application be refused. In addition, she pointed out that Heritage Kitchener has recommended that Council refuse demolition under the Ontario Heritage Act. Mr. Glen Woolner appeared as a delegation on behalf of the Sandhills Residential Retirement Community and distributed a handout of various pieces of information as to the development. He provided other information in respect to the content of Phases I and II and rationale to demolish number 161 and 171 Queen Street South. He noted that number 171 was zoned commercial, carried a heavy tax load and as a result was a detriment to the overall project. Councillor M. Galloway noted that Heritage Kitchener has recommended that the structure remain in place for the present. The issue of salvaging material from demolition was raised and it was noted that the intent in that regard was to assist in the restoration of 189 Queen Street South. Ms. C. Ladd commented that if the building was demolished the normal level of BPS-00-163 - 171 QUEEN STREET SOUTH DEMOLITION CONTROL APPLICATION DC 00/08/Q/LR SANDHILLS RESIDENTIAL RETIREMENT COMMUNITY INC. WEST - VICTORIA PARK WARD (CONT'D) landscaping would not be required as it would be utilized in connection with the current construction activity. Mr. Woolner confirmed that their intent was to salvage anything that would assist in the restoration of 189 Queen Street South. In Mr. Woolner's presentation, he had suggested that the property could possibly be used temporarily as an emergency shelter on a short term basis and Councillor B. Vrbanovic requested that before next Monday, Planning staff approach housing officials at the Region of Waterloo to determine if there was any interest in utlizing the dwelling on a short term basis. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 11, 2000 - 187 - CITY OF KITCHENER On motion by Councillor J. Ziegler- It was resolved: "That Demolition Control Application DC 00/08/Q/LR (Sandhills Residential Retirement Community Inc.) requesting approval of the demolition of a single detached dwelling located at 171 Queen Street South be approved subject to the applicant salvaging and preserving building material from the dwelling necessary for the restoration of 189 Queen Street South (Schmalz House). It is the opinion of the Committee that approval of this application is proper planning for the City." BPS-00-163 BPS-00-136 ADDENDUM TO BPS-00-136 DRAFT STAGING OF DEVELOPMENT REPORT 2001 - POST 2002 The Committee was in receipt of Business and Planning Services staff report BPS-00-136 and an addendum report BPS-00-161 dated November 26, 2000 pertaining to the Staging of Development Report, 2001- post 2002. It was noted in the staging report that it sets out the City's expectation with respect to the granting of draft approval to various subdivision plans in the years 2001, 2002 and post 2002. Ms. C. Ladd advised that there were no objectors to the recommendations in attendance. She did advise that Mr. P Britton was at the meeting earlier and asked her to convey his support for the plans that he was involved in. She did advise that two faxes had been received from Mr. Tom Hardacre: in respect to parcel #7, he was requesting it be advanced from 2001C to 2001B, but staff do not support the request as a formal application has not been filed for the land parcel; and in respect to parcel #4, he was requesting that it be advanced from draft 2002 to 2001C; however, staff have not had a pre-submission meeting with the applicants and recommend that the status be left as is. Ms. Ladd did note that Mr. Hardacre has requested assurance that the pre-submission will take place in 2001 and staff have undertaken to work to that date. On motion by Councillor B. Vrbanovic- It was resolved: "1) That subject to the changes recommended in Sections 2, 3, 4 and 5 below, Council approve the attached Staging of Development Report 2001 - Post 2002 dated October 25, 2000. Further, all additional requests for advancement in the Municipal Draft Plan Approval date or 2001 Priority not be supported. 2) That the following lands be advanced in the Staging of Development Report: a) That Parcel #31, Hallman Aberdeen, be advanced from Post 2002 to Municipal Draft Plan Approval 2002. b) That Parcel #38, Sestan Electric, be advanced from Post 2002 to Municipal Draft Plan Approval 2001C. BPS-00-163 BPS-00-136 c) That Parcel #61, 583018 Ontario Limited (Dr. Fung), be advanced from ADDENDUM TO BPS-00-136 DRAFT STAGING OF DEVELOPMENT REPORT 2001 - POST 2002 (CONT'D) 2001C to Municipal Draft Plan Approval 2001B. d) That Parcel I, Rockway Holdings, be advanced from 2002 to Municipal Draft Plan Approval 2001C. 3) That the following lands be added to the Staging of Development Report: a) That a portion of those lands located immediately south of Parcel #27 in the Staging of Development Report, owned by Activa Holdings, be identified as PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 11, 2000 - 188 - CITY OF KITCHENER Parcel #85 and included in the Staging report for Municipal Draft Plan Approval Post 2002. 4) That the text changes for the following parcels in the Staging Report be approved: a) Parcel #18 - North Estate Farms That the Servicing Comments be replaced as follows: "Northerly portion may be permanently re-graded to the Borden Greenway System and will be subject to the Laurentian West Master Drainage Plan. Southerly portion is subject to the Strasburg Creek Master Watershed Plan. Alternatively, both northerly and southerly portions may drain to the south and will be subject to the Strasburg Creek Master Watershed Plan. Sanitary Sewage from the southerly portion to be temporarily pumped into the northern Trunk subject to the pumping station and potential holding tanks paid for by the developers. Maximum of 47 units in northerly portion and 219 units in southerly portion, based on servicing capacity calculations." Reference to "Under Appeal" in the approval date column should be removed as the appeal has been withdrawn. b) Parcel #54 - Peter Kruse in Trust That reference to the former owner 'Erhard and Beate Budzisch' be replaced with the new owner 'Peter Kruse' in Trust. c) Parcel #63 - Grand River Conservation Area Parcel #64 - Rockway Holdin.qs That reference to Registered Plan 1818 in the Timing Comments be deleted as it no longer applies. d) Parcel #18, 19, 27, and 62 That reference to the requirement for a secondary access be included in the General Comments. e) Parcels #4 and 24 That the requirements for a road study be included in the Servicing Comments. f) Parcel #29 BPS-00-163 BPS-00-136 That reference to a requirement for old Huron Road to be upgraded be included in the Servicing Comments. ADDENDUM TO BPS-00-136 DRAFT STAGING OF DEVELOPMENT REPORT 2001 - POST 2002 (CONT'D) g) Parcels #54 and 55 That reference for the requirement for Wabanaki Drive be built to two lanes be included in the Servicing Comments. h) General References That reference to Wabanaki Drive in the Servicing Comments be revised to refer to Wilson Avenue to Fairway Road; PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 11, 2000 5) ii) - 189 - CITY OF KITCHENER That any relevant references throughout the report to Westmount Road south of Fischer-Hallman Road be revised to Fischer-Hallman Road. That the following map changes be approved: a) Parcel #25 - Becker That the southerly boundary of the Becker lands on the Staging of Development Map be revised to match the southerly boundary of the Land Use Map No. 5 in the City's Municipal Plan. ADJOURNMENT On motion, the meeting adjourned at 6:00 p.m. L.W. Neil, AMCT Assistant City Clerk