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HomeMy WebLinkAboutPlng & Econ Dev - 2001-03-26PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 26~ 2001 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:40 p.m. under Councillor J. Ziegler, Vice-Chair, with the following members present: Mayor C. Zehr and Councillors J. Smola, G. Lorentz, M. Galloway and B. Vrbanovic. Officials Present: Ms. C. Ladd, J. Given, L. MacDonald, A. Menon, B. Steiner, K. Bissell and Messrs. R.W. Pritchard, B. Stanley, G. Borovilos, J. Witmer, D. Mansell, G. Richardson, R. Morgan, P. Wetherup and L.W. Neil. 1. GRAND RIVER HOSPITAL SIGN Councillor J. Smola advised of an urgent need by the Grand River Hospital to obtain approval for temporary signage on King Street East to assist in community fundraising. Ms. J. Given advised that staff had considered the request and suggest the hospital file necessary application with the City to obtain approval for the sign which City Council could deal with at its meeting to be held Monday April 2, 2001. Ms. Given further suggested that Council could treat the request as a highly unusual situation and deal directly with the matter of required variances which staff would address through a staff report. Councillor J. Smola advised that he would inform the Grand River Hospital in this regard requesting that the appropriate application be filed for staff to review and respond to at the April 2, 2001 Council meeting. PRESENTATION WORKPLAN (POWERPOINT) FOR THE BUSINESS DEVELOPMENT SECTION OF THE ECONOMIC DEVELOPMENT DIVISION Ms. K. Bissell made a powerpoint presentation detailing activity and current plans for the Business Development Section of the Economic Development Division. She remarked on their activity respecting business retention and business facilitation as well as the interrelationship of the economic development officers to these undertakings. Ms. Bissell briefly described their promotional activities which include response packages, publications, client follow-ups, corporate visitation program, categorizing inquiries and special projects. Mayor C. Zehr questioned what format was being considered pertaining to the handbook for developers and was advised that a general format was envisaged containing separate divisions for individual processes. BPS-01-022 200 DAVID BERGEY DRIVE REVISION TO LAURENTIAN WEST COMMUNITY PLAN ZONE CHANGE APPLICATION ZC O01381DIBS ACTIVA DEVELOPMENT CORPORATION (SOUTHRIM ENTERPRISES) SOUTH WARD The Committee was advised that the Department of Business and Planning Services was in receipt of an application from Activa Development Corp. (Southrim Enterprises) to rezone lands known municipally as 200 David Bergey Drive located north of Activa Avenue in the Laurentian West Community. The purpose of the rezoning is to change the current residential zoning to Community Institutional zoning. The zoning change would allow for a development of a residential care facility consisting of a 160 bed licenced long-term care building (nursing home) with a 32 place children's daycare centre as a secondary use along with an 80-90 unit 'assisted living' retirement home. Concurrent with the zone change application, a revision to the Laurentian West Community Plan from Neighbourhood Institutional and Low Density Residential to Community Institutional is requested. In this regard, the Committee considered report BPS-01-022 dated February 16, 2001 and a proposed by-law dated February 16, 2001 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 proposal and advised that staff had nothing further to add to the report under consideration. BPS-01-022 200 DAVID BERGEY DRIVE PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 26, 2001 - 23 - CITY OF KITCHENER REVISION TO LAURENTIAN WEST COMMUNITY PLAN ZONE CHANGE APPLICATION ZC 00/38/DIBS ACTIVA DEVELOPMENT CORPORATION (SOUTHRIM ENTERPRISES) SOUTH WARD (CONT'D) Mr. P. Britton, MacNaughton Hermsen Britton Clarkson, appeared as a delegation on behalf of the applicants and provided an explanation of the proposal, noting that the required nursing home allocation has been secured. He also commented that this project was the second or third time he had involvement with new staff in the department and complemented them on their excellence. In response to Mayor C. Zehr, Mr. Britton advised that the operator had no other nursing homes in this region and that the proposed development would be similar to Meadowcroft. The intent was to proceed immediately with the development upon zone change and site plan approval. No other delegations were registered respecting this matter. On motion by Councillor T. Galloway - It was resolved: "A. That the "Laurentian West Community Plan" be revised as follows: a) By redesignating the lands known as 200 David Bergey Drive from "Neighbourhood Institutional" and "Low Density Residential" to "Community Institutional", as shown on the attached Map A - Land Use, dated February 15th, 2001. b) By revising Policy 3.1 by deleting the first sentence and replacing it with the following new sentence, "That a Community Institutional site be located on the east side of Street E immediately south of the Laurentian Wetlands". It is the opinion of this Committee that approval of this revision is proper planning for the City. That Zone Change Application ZC 00/38/D/BS (200 David Bergey Drive - Activa Development Corporation and Southrim Enterprises) requesting a change in zoning from Residential Six Zone (R-6), with Special Regulation Provision 287R to Community Institutional Zone (I-2), on lands legally described as Block 27 and Part of Block 28, Registered Plan No. 58M-132, municipally known as 200 David Bergey Drive, be approved, in the form shown in the attached "Proposed By-law", dated February 16, 2001, 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-01-030 DEER RIDGE DRIVE / WINIFRED STREET ZONE CHANGE APPLICATION ZC 99/19/W/JG SUBDIVISION APPLICATION 30T-99202 MODIFICATION TO SUBDIVISION 30T-94008 (WINIFRED ST./LANTERN ST.) KRIZSANDERSON DEVELOPMENTS LIMITED STREET NAME CHANGE - WINIFRED PLACE TO WINIFRED STREET FAIRVIEW-GATEWAY WARD The Committee was advised that the Business and Planning Services Department was in receipt of applications for subdivision and zone change submitted by Krizsanderson Developments Limited respecting lands located on the north side of Deer Ridge Drive at Winifred Street. The proposed zone change would permit the development of a plan of subdivision on 2.8 hectares of land that would contain 23 large lots for single detached dwellings and one block for storm water management pond. The proposed by-law would also permit certain lots to have slightly reduced lot width and area requirements than the standard provisions and remove the holding provision BPS-01-030 DEER RIDGE DRIVE / WINIFRED STREET ZONE CHANGE APPLICATION ZC 99/19/W/JG SUBDIVISION APPLICATION 30T-99202 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 26, 2001 - 24 - CITY OF KITCHENER MODIFICATION TO SUBDIVISION 30T-94008 (WINIFRED ST./LANTERN ST.) KRIZSANDERSON DEVELOPMENTS LIMITED STREET NAME CHANGE - WINIFRED PLACE TO WINIFRED STREET FAIRVIEW-GATEWAY WARD (CONT'D) as required environmental studies have been satisfactorily completed and the holding criteria has been met. The Committee was also requested to consider modifications to plan of subdivision 30T-94008 which abuts the subject lands so as to facilitate the connection of Winifred Street with Lantern Street and provide for the lotting of Blocks 1 and 2 (Stage 6) into five residential lots and a public walkway. Finally, it was requested that a street name change be approved that would change the name of Winifred Place to Winifred Street. 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. J. Given provided a detailed summation of the two applications. In her presentation she referenced the requested reduction in lot size, the extension of Winifred Street, the renaming of Winifred Place and the stormwater management pond on Block 26 adjacent to lands dedicated to the City of Kitchener and the existing slopes located to the west of the subdivision. In response to Mayor C. Zehr, Ms. J. Given noted that the entire property contained trees. She advised that it was anticipated trees on the periphery of the property would be saved particularly along the westerly edge where extensive tree saving is expected. She did emphasize that every effort would be made to save trees where appropriate. Ms. Given then referred to the addendum report BPS- 01-046 dated March 26, 2001 distributed this date responding to an issue raised by Grand Hill Village residents relative to the requirement for fencing between the two plans of subdivision. As a result, a revision (Condition 91) is proposed to the existing draft plan 30T-94008 which clarifies that a fence is no longer required to be installed by the developer between this plan and the new draft plan and is only required along the Foley's Lane edge of this draft approved plan. Mr. Bill Green, Green Scheels Pidgeon, appeared as a delegation on behalf of Krizsanderson Developments to express concern with the wording and requirements of Condition 6.12 dealing with disruption to existing private well water supply to the homes in Grand Hill Village. A letter dated March 15, 2001 was distributed with the agenda which indicated that they did not agree with or see any basis for the period extending beyond construction for two years following acceptance of underground services. It was indicated in the correspondence that their experience in Pioneer Tower West with both the river crossing and deep trunk sewer is that there was no interference with existing wells. Mr. Green pointed out that construction would be shallow and that his client was prepared to monitor private wells and enter into agreements to ensure provision of alternate water supply if required. He suggested that if Condition 6.12 was to remain that wording be added so as to refer to disruption within two years of completion or at acceptance which ever comes first. In reference to tree saving measures on the subject lands Mr. Green advised that it was difficult and impractical to save interior trees. He also indicated that he had been advised of a condition which Mr. P. Britton would be requesting in respect to cost sharing for hard services. He commented that servicing infrastructure had been built and paid for by the lead developers and there was no need to impose any similar condition such as what was contained in their subdivisions. Further, he noted that regional conditions 6 and 7 compel the developer to participate in road improvement. Councillor J. Ziegler questioned why interior trees in the rear yards of homes in the centre of the subdivision could not be saved. Mr. Green noted that generally the trees were unattractive and had only a top canopy. He noted that the emphasis was in retaining trees of higher quality around the edges of the development and that his client had done an extraordinary job of preserving trees in Pioneer Tower West. Ms. Daphne Nicholls appeared as a delegation on behalf of the Grand Hill Village Association and circulated a submission dated March 26, 2001. She also circulated pictures illustrating the BPS-01-030 DEER RIDGE DRIVE / WlNIFRED STREET ZONE CHANGE APPLICATION ZC 99/19/W/JG SUBDIVISION APPLICATION 30T-99202 MODIFICATION TO SUBDIVISION 30T-94008 (WlNIFRED ST./LANTERN ST.) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 26, 2001 - 25 - CITY OF KITCHENER KRIZSANDERSON DEVELOPMENTS LIMITED STREET NAME CHANGE - WINIFRED PLACE TO WINIFRED STREET FAIRVIEW-GATEWAY WARD (CONT'D) trees on the subject property noting that some were very large in height and diameter and requested that careful planning be done to save as many trees as possible. Ms. Nicholls expressed concern with the number of lots and reduced lot size and asked that the Committee refer to her September 27, 1999 letter attached to the staff report. She then spoke to the items of concern listed in her submission this date being: opposition to the zone change, the need to protect ESPA 73, walkway - Block 12, trees, fences and the stormwater management basin, as the Grand Hill Village Association owns 18 acres adjacent to the basin. In response to Ms. Nicholls, Ms. J. Given advised that in her discussions previously with the Association, the number of lots had not been an issue and that lands to which Ms. Nicholl's referred were always designated as Open Space and consequently were not in calculations with respect to the number of units developed on the subject plans. She noted that two public meetings had been held with residents and that one of the meetings had dealt with the content in Ms. Nicholl's earlier letter item by item. She also noted that staff were very aware of the potential for intrusion by the public onto the private lands owned by the Grand Hill Village Association and that regional staff were satisfied there would be no public intrusion into the ESPA. Finally, she indicated that in prior discussions with Ms. Nicholl's, it had been indicated that the Association did not have any outstanding concerns. Ms. Given pointed out that the Community Services Department would take responsibility for the installation of appropriate signage to avoid public intrusion into the ESPA and Association lands. Councillor J. Ziegler asked that signage also be installed along the trails reminding the public that dogs must be on a leash. He also stated that in his opinion 50 year old trees were significant and questioned why a greater effort could not be made to save trees in the backyards of homes on the interior of the lands. Ms. B. Steiner acknowledged the tree saving that would take place with regard to the rear yards of homes on the edge of the development but noted that the trees in the centre have not had the benefit of lower branch development and were of a much lesser quality. She suggested that compensation planting would be an approach to address such trees. Mayor C. Zehr posed questions relating to the walkway, trail and trees to which both Mr. Wetherup and Ms. Given responded. Mr. P. Britton, MacNaughton Hermsen Britton Clarkson, appeared as a delegation on behalf of JHS Properties and circulated a submission dated March 26, 2001 requesting that an additional condition be added to the recommendations for subdivision draft approval. He asked that a similar condition be imposed to that which was in subdivision plans of the major developers in the Pioneer Tower community. The condition relates to the cost sharing of road improvements and non-DC related items associated with the sanitary sewage facility that were previously imposed for all residential subdivisions in the community and provided suggested wording of a condition in this regard. During discussion it was indicated that there were other small parcels of lands where similar argument might be made for inclusion in the earlier cost sharing arrangement. Ms. J. Given noted that traditionally such issues were treated as a private matter between developers. No other delegations were registered respecting this matter. Discussion took place with respect to the requests received this date in regard to the well monitoring issue raised by Mr. B. Green and the cost sharing issue raised by Mr. P. Britton. Following this discussion, it was agreed that Condition 6.12 be slightly revised so as to delete reference to completion of underground services and refer only to acceptance of underground services on the basis that this is the standard which staff were requested to clarify. It was suggested the recommendations be passed at this time and that the cost sharing issue be deferred to allow for staff review and comment at the April 2nd Council meeting. BPS-01-030 DEER RIDGE DRIVE / WINIFRED STREET ZONE CHANGE APPLICATION ZC 99/19/W/JG SUBDIVISION APPLICATION 30T-99202 MODIFICATION TO SUBDIVISION 30T-94008 (WINIFRED ST./LANTERN ST.) KRIZSANDERSON DEVELOPMENTS LIMITED PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 26, 2001 - 26 - CITY OF KITCHENER STREET NAME CHANGE - WINIFRED PLACE TO WINIFRED STREET FAIRVIEW-GATEWAY WARD (CONT'D) As well, staff were requested to ensure that they took regard of concerns expressed with respect to signage of the community trails. It was also agreed to include the recommendation outlined in BPS-01-046 pertaining to an additional modification to revise Condition 91 of Subdivision 30T- 94008. On motion by Mayor C. Zehr - It was resolved: That Zone Change Application ZC 99/19AN/JG (Deer Ridge Drive / Winifred Street - Krizsanderson Development Ltd) requesting a change in zoning from Residential Two Zone (R-2) with special regulation 261R and holding provision 29H to Open Space Zone (P-2) and Residential Two Zone (R-2) with special regulations 261R and 352R on lands legally described as Part of Lot 10, Beasley's Broken Front Concession, be approved in the form shown in the attached "Proposed By-law", dated March 1,2001, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 97-061, grant draft approval to Plan of Subdivision Application 30T-99202 in the City of Kitchener, for Krizsanderson Developments Ltd., subject to the following conditions: That this approval applies to Plan of Subdivision 30T-99202 for Krizsanderson Developments as shown on the plan prepared by Green Scheels Pidgeon dated January 24, 2000 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated February 27, 2001, which shows the following: Single Detached Dwellings Future Single Detached Dwellings Stormwater Management Lots 1-23 Blocks 24 and 25 Block 26 2. CITY OF KITCHENER CONDITIONS: 2.1 That the Subdivider shall enter into a City Standard Residential Subdivision Agreement, as approved by City Council, respecting those lands shown outlined on the attached Plan of Subdivision dated February 27, 2001 and which shall contain the following special conditions: Section 3 Prior to Servicing 3.16 That the location of the service connections and driveway location for Block 25 be approved by the City's General Manager of Public Works in consultation with the General Manager of Business and Planning Services to maximize the opportunity for tree retention. Section 4 Prior to the Issuance of Building Permits 4.22 That no building permits shall be issued for Block(s) 24 and 25 until each is consolidated with adjacent lands to form lots. BPS-01-030 DEER RIDGE DRIVE / WINIFRED STREET ZONE CHANGE APPLICATION ZC 99/19/W/JG SUBDIVISION APPLICATION 30T-99202 MODIFICATION TO SUBDIVISION 30T-94008 (WINIFRED ST./LANTERN ST.) KRIZSANDERSON DEVELOPMENTS LIMITED PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 26, 2001 - 27 - CITY OF KITCHENER STREET NAME CHANGE - WINIFRED PLACE TO WINIFRED STREET FAIRVIEW-GATEWAY WARD (CONT'D) Section 6 Other Time Frames 6.11 That construction traffic to/from the proposed subdivision shall be restricted to using Deer Ridge Drive only and prohibited from using other internal residential streets in the community. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the subdivider being responsible for any required signage, all to the satisfaction of the General Manager of Public Works. 6.12 The SUBDIVIDER agrees that if the existing private water supply to the homes in Grand Hill Village is disrupted and cut off within two years of the acceptance of underground services for the entire subdivision as a result of the subdivision development, it will provide a water supply for all affected properties located in Grand Hill Village to the satisfaction of the CITY'S General Manager of Public Works and at the SUBDIVlDER's cost. 2.2 That prior to final approval of the plan to be registered, the Subdivider shall fulfill the following conditions: 1. The City Standard Residential Subdivision Agreement be registered on title. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S General Manager of Business and Planning Services and shall obtain approval therefrom. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S General Manager of Public Works, with co-ordinate values and elevations thereon and submit for registration the plans showing the location of monuments, their co-ordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. The SUBDIVIDER shall make satisfactory arrangements with HYDRO or the provision of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telephone services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: BPS-01-030 DEER RIDGE DRIVE / WINIFRED STREET ZONE CHANGE APPLICATION ZC 99/19/W/JG SUBDIVISION APPLICATION 30T-99202 MODIFICATION TO SUBDIVISION 30T-94008 (WINIFRED ST./LANTERN ST.) KRIZSANDERSON DEVELOPMENTS LIMITED STREET NAME CHANGE - WINIFRED PLACE TO WINIFRED STREET PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 26, 2001 - 28 - CITY OF KITCHENER FAIRVlEW-GATEWAY WARD (CONT'D) (a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to HYDRO, and telephone companies and the City, to the CITY'S General Manager of Business and Planning Services. (b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S General Manager of Public Works for municipal services; (c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; (d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S General Manager of Public Works or, in the case of parkland, the CITY'S General Manager of Community Services; and (e) to provide to the CITY'S General Manager of Business and Planning Services, a clearance letter from each of HYDRO and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. The SUBDIVIDER agrees to provide to the City, at no cost and free of encumbrance, a registerable deed for Block 26 for stormwater management. 10. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major entrance to the subdivision, in accordance with a plan approved by the CITY'S General Manager of Business and Planning Services, in accordance with the following criteria: a) The sign shall be located outside the required yard setbacks of the applicable zone and outside the corner visibility triangle, with the specific, appropriate location to be approved by the CITY's General Manager of Business and Planning Services; b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6 metres, and a maximum area of 13 square metres; 4. BPS-01-030 c) Graphics shall depict the features within the limits of the subdivision including, without limiting the generality of the foregoing, approved street layout, including emergency access roads, zoning, lotting and specific land uses, types of parks, storm water management areas, hydro corridors, trail links and walkways, potential or planned transit routes and bus stop locations, notification regarding contacts for school sites, noise attenuation measures, environmentally sensitive areas, tree protection areas, special buffer/landscaping areas, water courses, flood plain areas, railway lines and hazard areas and shall also make general reference to land uses on DEER RIDGE DRIVE / WINIFRED STREET ZONE CHANGE APPLICATION ZC 99/19/W/JG SUBDIVISION APPLICATION 30T-99202 MODIFICATION TO SUBDIVISION 30T-94008 (WINIFRED ST./LANTERN ST.) KRIZSANDERSON DEVELOPMENTS LIMITED STREET NAME CHANGE - WINIFRED PLACE TO WINIFRED STREET FAIRVIEW-GATEWAY WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 26, 2001 - 29 - CITY OF KITCHENER adjacent lands including references to any formal development applications, all to the satisfaction of the CITY'S General Manager of Business and Planning Services; d) Approved subdivision billboard locations shall be conveniently accessible to the public for viewing. Low maintenance landscaping is required around the sign and suitable parking and pedestrian access may be required between the sign location and public roadway in order to provide convenient accessibility for viewing; and, e) The SUBDIVIDER shall ensure that the information is current as of the date the sign is erected. Notice shall be posted on the subdivision billboard signs advising that information may not be current and to obtain updated information, inquiries should be made at the CITY'S Department of Business and Planning Services. 11. The SUBDIVIDER shall satisfy the total 5% parkland dedication for the entire subdivision, which dedication is 0.141 hectares, by a cash-in-lieu contribution equivalent to 5% of the value of all of the lands within the subdivision, with the value of the land being determined as of the day before the day of draft approval. 12. The SUBDIVIDER shall have landscape plans for the stormwater management facilities prepared by an environmental professional acceptable to the CITY'S General Manager of Community Services and to obtain therefrom, approval of such plans. 13. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S General Manager of Business and Planning Services, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the subdivision plan(s), have been satisfied. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfy the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning and Culture: 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. BPS-01-030 a) That the owner enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Engineering shall advise prior to an Agreement for DEER RIDGE DRIVE / WlNIFRED STREET ZONE CHANGE APPLICATION ZC 99/19/W/JG SUBDIVISION APPLICATION 30T-99202 MODIFICATION TO SUBDIVISION 30T-94008 (WlNIFRED ST./LANTERN ST.) KRIZSANDERSON DEVELOPMENTS LIMITED STREET NAME CHANGE - WlNIFRED PLACE TO WlNIFRED STREET PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 26, 2001 - 30 - CITY OF KITCHENER FAIRVlEW-GATEWAY WARD (CONT'D) Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. b) That the owner include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfilment of all conditions of draft 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." That the subdivision agreement be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the Regional Commissioner of Planning and Culture prior to final approval of the subdivision plan. That prior to the commencement of any grading or final approval of all or any part of the draft plan of subdivision, a Consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site, at the expense of the owner. That prior to final approval of the plan, the Regional Municipality of Waterloo shall secure both the physical and financial resources to provide for the design and construction of the intersections improvements at Deer Ridge Drive and Highway No. 8, and Baxter Place/Sportsworld Drive/Pioneer Tower Road and Highway No. 8 relating to the Regional Road network in accordance with the preliminary functional design (including Schedule A) dated January 30, 1997 and the intersection improvement staging plan dated January 30, 1997 prepared by the developer in consultation with the affected neighbourhood associations, and approved by the Regional Commissioner of Engineering and the City of Kitchener. That prior to final approval, the developer shall, where appropriate, enter into an agreement with the Regional Municipality of Waterloo regarding the financing of any intersection improvements identified by the approved staging plan as being required based on the cumulative number of units registered to date and proposed in that particular stage. That prior to final approval of the plan, the owner provides written confirmation to the satisfaction of Regional Commissioner of Planning and Culture that during site grading, fill material is of equal or greater permeability than the existing surface and near-surface sand layer, and also confirm that soil compaction was limited during site clearing and grubbing, and fill replacement. 4. BPS-01-030 DEER RIDGE DRIVE / WINIFRED STREET ZONE CHANGE APPLICATION ZC 99/19/W/JG SUBDIVISION APPLICATION 30T-99202 MODIFICATION TO SUBDIVISION 30T-94008 (WINIFRED ST./LANTERN ST.) KRIZSANDERSON DEVELOPMENTS LIMITED STREET NAME CHANGE - WINIFRED PLACE TO WINIFRED STREET FAIRVIEW-GATEWAY WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 26, 2001 -31 - CITY OF KITCHENER 10. 11. 12. 13. 14. 15. That prior to final approval of the plan, the owner confirm to the satisfaction of the Regional Commissioner of Planning and Culture that roof leaders will discharge to soakaway pits which will be located at a distance greater than 5 metres from the foundations and that the owner enter into an agreement with the Regional Municipality of Waterloo to provide for monitoring of the soakaway pits for a period of two years following the issuance of the last building permit to ensure that they are installed as designed and perform as intended. That prior to final approval, the owner confirm to the satisfaction of the Regional Commissioner of Planning and Culture that seepage collars will be installed to ensure that groundwater flows are maintained and that no preferential pathways for groundwater migration are created. That prior to final approval, the owner submit plans that ensure the maintenance access to the storm water management pond is designed to prevent erosion into the ESPA and that the surface drainage channel within the ESPA will be rehabilitated and stabilized to prevent further erosion to the satisfaction of the Regional Municipality of Waterloo and the City of Kitchener. That prior to final approval, permanent fencing, to the satisfaction of the City of Kitchener, be installed on City lands to the rear of Lots 11 to 15 inclusive to reduce occupancy related impacts on the ESPA. That prior to final approval, silt fencing be installed, and maintained in good order until the subdivision is fully landscaped, at the appropriate locations downslope of the stormwater management pond and access road into ESPA 73 to the satisfaction of the Regional Municipality of Waterloo and the City of Kitchener. That prior to final approval, the owner submit a sediment and erosion control plan which will describe measures to prevent migration of soil material from the development site to the slope woodland and ESPA and that the owner enter into and agreement with the Region, if necessary, to provide for erosion control measures as identified in the report. That prior to final approval the owner confirm that the design of the stormwater management facility meet the following criteria to the satisfaction of the Commissioner of Planning and Culture: a) that peak flow control for all storms up to and including the 100-year event ensures that post-development flows to the base of the slope within ESPA 73 do not exceed pre-development flows; b) that the permanent pool be designed to prevent rapid draw down and potential de-stabilization of the slope; c) that the discharge outlet maintain as much as feasible existing flow characteristics into the natural vegetation communities within ESPA 73; d) that the outlet structure does not exacerbate erosion within the gully on the wooded slope of ESPA 73; and 4. BPS-01-030 DEER RIDGE DRIVE / WINIFRED STREET ZONE CHANGE APPLICATION ZC 99/19/W/JG SUBDIVISION APPLICATION 30T-99202 MODIFICATION TO SUBDIVISION 30T-94008 (WINIFRED ST./LANTERN ST.) KRIZSANDERSON DEVELOPMENTS LIMITED STREET NAME CHANGE - WINIFRED PLACE TO WINIFRED STREET PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 26, 2001 - 32 - CITY OF KITCHENER FAIRVlEW-GATEWAY WARD (CONT'D) e) that the outlet pipe be routed through the lesser quality young tree growth and avoid more mature trees on the wooded slope of ESPA 73. 16. That prior to final approval, the owner confirm to the Commissioner of Planning and Culture whether Cooper's Hawk is nesting in the adjoining portion of ESPA 73, and if the site is being used for breeding, that site grading and building construction not occur during the April 1 to May 31 nesting period. 4. OTHER AGENCY CONDITIONS That prior to the commencement of any grading or construction on the site, and prior to registration of any stage of the plan, the owner shall submit the following plans and reports to the satisfaction and approval of the Grand River Conservation Authority: a) A detailed Stormwater Management Report and Plan in accordance with the 1994 Ministry of the Environment and Energy Report entitled "Stormwater Management Practises Planning and Design Manual" and in keeping with the Preliminary Stormwater Management Report dated June 1999 prepared by Stantec Consulting Ltd. b) A detailed Lot Grading and Drainage Plan c) An Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority's Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. d) An application for Fill, Construction and Alteration to Waterways Permit pursuant to Ontario Regulation 149 as amended by 69/93 and 669/94 and 142/98 prior to the placement of fill or grading within the Scheduled Fill line for the Grand River. That the Subdivider's Agreement between the owners and the municipality contain provisions for the completion and maintenance of the works in accordance with the approved plans and reports noted in Condition 4.1 above. 5. CLEARANCE CONDITIONS That prior to the signing of the final plan by the City's General Manager of Business and Planning Services, the General Manager shall be advised by the Regional Commissioner of Planning and Culture that Conditions 3.1-3.16 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 General Manager shall be advised by the Grand River Conservation Authority that Conditions 4.1 and 4.2 have been carried out to the satisfaction of the GRCA. The clearance letter from the GRCA shall include a brief statement detailing how the condition has been satisfied. 4. BPS-01-030 DEER RIDGE DRIVE / WINIFRED STREET ZONE CHANGE APPLICATION ZC 99/19/W/JG SUBDIVISION APPLICATION 30T-99202 MODIFICATION TO SUBDIVISION 30T-94008 (WINIFRED ST./LANTERN ST.) KRIZSANDERSON DEVELOPMENTS LIMITED STREET NAME CHANGE - WINIFRED PLACE TO WINIFRED STREET PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 26, 2001 - 33 - CITY OF KITCHENER FAIRVlEW-GATEWAY WARD (CONT'D) That prior to the signing of the final plan by the City's General Manager of Business and Planning Services the General Manager shall be advised by the telephone company that Conditions 2.2.5 and 2.2.7 has been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. That prior to the signing of the final plan by the City's General Manager of Business and Planning Services the General Manager shall be advised by HYDRO that Conditions 2.2.6 and 2.2.7 has been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. 6. NOTES Development Charges The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality are applicable. Registry Act The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. Updated Information It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Business and Planning Services Departments of any changes in ownership, agent, address and phone number. Agreement Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a reference plan showing the lands to be registered that are affected by the agreement and the conditions to be covered by the agreement should be provided. The fees for the preparation and registration of this agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and $50.00 respectively. Regional Fees 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. Approvals for Servicing Systems 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 for approval. 4. BPS-01-030 DEER RIDGE DRIVE / WINIFRED STREET ZONE CHANGE APPLICATION ZC 99/19/W/JG SUBDIVISION APPLICATION 30T-99202 MODIFICATION TO SUBDIVISION 30T-94008 (WINIFRED ST./LANTERN ST.) KRIZSANDERSON DEVELOPMENTS LIMITED STREET NAME CHANGE - WINIFRED PLACE TO WINIFRED STREET FAIRVIEW-GATEWAY WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 26, 2001 10. 11. 12. 13. 14. - 34 - CITY OF KITCHENER Stormwater Management 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 for approval. Sewage System 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 for approval. Planning Act Applicability 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). Regional Servicing Agreement 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. Registration Release 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. 4. BPS-01-030 DEER RIDGE DRIVE / WINIFRED STREET ZONE CHANGE APPLICATION ZC 99/19/W/JG SUBDIVISION APPLICATION 30T-99202 MODIFICATION TO SUBDIVISION 30T-94008 (WINIFRED ST./LANTERN ST.) KRIZSANDERSON DEVELOPMENTS LIMITED STREET NAME CHANGE - WINIFRED PLACE TO WINIFRED STREET FAIRVIEW-GATEWAY WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 26, 2001 - 35 - CITY OF KITCHENER 15. Final Plans - Subdivision 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 [enter title of person(s) authorized to sign plan], 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) Four (4) Four (4) original myler mylar copies white paper prints It is the opinion of this Committee that approval of this application 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, hereby recommends to the Ontario Municipal Board, the following modifications to the draft approval for Plan of Subdivision Application 30T-94008, for Krizsanderson Developments Ltd.: i) revise Condition 51 as follows: That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated Revised February 27, 2001 providing that minor changes 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 an amendment to this agreement." ii) replace Condition 91 by deleting the following wording: The Subdivider agrees to install a 1.8 metre chain link fence along the perimeter of the property abutting the Kirkpatrick lands, except for that portion of the property line along Foley's Lane where, subject to appropriate tree saving measures, alternatives to chain link fencing may be substituted in consultation with immediately adjacent property owners. Further, that the above chain link fence, or agreed to alternative, be constructed prior to any building permit being issued within the affected stage." and insert new Condition 91 as follows: BPS-01-030 The Subdivider agrees to install a suitable fence or an alternative agreed to in consultation with the immediately adjacent property owners, along the perimeter of the property abutting Foley's Lane taking into account appropriate tree saving measures. The fence, or agreed to alternative, is to be constructed prior to any building permit being issued within the affected stage." DEER RIDGE DRIVE / WINIFRED STREET ZONE CHANGE APPLICATION ZC 99/19/W/JG SUBDIVISION APPLICATION 30T-99202 MODIFICATION TO SUBDIVISION 30T-94008 (WINIFRED ST./LANTERN ST.) KRIZSANDERSON DEVELOPMENTS LIMITED STREET NAME CHANGE - WINIFRED PLACE TO WINIFRED STREET FAIRVIEW-GATEWAY WARD (CONT'D) D. That Winifred Place in Registered Plan 58M-90 be renamed Winifred Street and the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 26, 2001 - 36 - CITY OF KITCHENER Corporate Services and City Clerks and Legal Department be instructed to prepare the necessary by-law and proceed with the legal name change process." BPS-00-130 MUNICIPAL PLAN AMENDMENT APPLICATION MP 99161DIGR (Expansion to Downtown and Related Boundary Revisions to the Central Frederick and Victoria Park Neighbourhood Secondary Plans and Community Improvement Areas) ZONE CHANGE APPLICATION ZC O01191TCIGR DOWNTOWN COMMUNITY IMPROVEMENT PLAN AMENDMENT CITY INITIATED BRIDGEPORT-CENTRE WARD AND WEST-VICTORIA PARK WARD The Committee was advised that the Department of Business and Planning Services has initiated a municipal plan amendment application to expand the downtown and undertake related boundary revisions to the Central Frederick and Victoria Park Neighbourhood Secondary Plans and Community Improvement Areas, as well as a concurrent zone change application to accommodate the downtown boundary expansion. In addition, amendments to the City of Kitchener Downtown Community Improvement Plan have also been proposed all of which are intended to expand and strengthen the existing downtown. In this regard, the Committee considered report BPS-00-130 dated February 14, 2001 and a proposed zoning by-law dated February 26, 2001 attached to the report. Also attached to the report was the proposed amendment to the Municipal Plan as well as the proposed amendments to the City of Kitchener Downtown Community Improvement Plan dated March 2001. The following description of the proposals is taken directly from the staff report: 'This City has initiated an application in order to expand the existing boundaries of the Downtown land use districts as contained in the Municipal Plan, including an accompanying amendment to the Zoning By-law to re-zone the affected lands to an appropriate downtown zone. Concurrent amendments to the Central Frederick Neighbourhood Secondary Plan and Victoria Park Neighbourhood Secondary Plan are also included to facilitate this boundary change. The existing Community Improvement Plan affecting the downtown will also be amended in order to implement the boundary expansion. Minor text amendments to the Downtown Community Improvement Plan which are primarily intended to clarify existing incentives, are also included. The expansion affects two areas of the downtown. The first area includes those lands bordered by Waterloo Street, a CN Rail line, Victoria Street South, and the southerly limits of the City's Bramm Street Garage. The second area includes those lands bordered by Weber Street, Frederick Street, Spetz Street and Scott Street which contain the CORA Group office buildings.' Councillor J. Ziegler, Vice-Chair, read the following statement: 'This is a Public Meeting under 'The Planning Act, 1996' to consider Municipal Plan Amendment Application 99/6/D/GR Section 17 (45) of the Planning Act allows the Ontario Municipal Board to dismiss all or part of an appeal without holding a hearing if the appellant did not make oral submissions at a public meeting or did not make written submissions to the council before the plan was adopted and, in the opinion of the Board, the appellant does not provide a reasonable explanation for having failed to make a submission. BPS-00-130 MUNICIPAL PLAN AMENDMENT APPLICATION MP 99161DIGR ZONE CHANGE APPLICATION ZC O01191TCIGR DOWNTOWN COMMUNITY IMPROVEMENT PLAN AMENDMENT CITY INITIATED BRIDGEPORT-CENTRE WARD AND WEST-VICTORIA PARK WARD (CONT'D) In order to ensure the record includes all the names of those individuals who are making verbal submissions today for this Municipal Plan Amendment, please ensure that you clearly identify yourself before you begin your submissions and the Clerk will record your PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 26, 2001 - 37 - CITY OF KITCHENER name for the record. If your name does not appear on the record, you may jeopardize any further involvement you wish to have in these matters. Any recommendation made by Planning Committee on these matters today will be considered by City Council on April 2, 2001. If City Council adopts the amendments, they will proceed to the Regional Municipality of Waterloo who has the final approval authority for Municipal Plan Amendments. They are also the body to whom appeals are sent. Further information on these procedures is available from the City's Department of Business and Planning Services or the Region's Department of Planning and Culture.' Before making a presentation pertaining to these matters, Mr. G. Richardson requested that the Committee consider a summary of amendments which he distributed relating to the Municipal Plan, the Zoning By-law and the Community Improvement Plan. He then provided a detailed presentation of the proposed changes and there desired intent. The proposed amendments would expand the downtown. The first area includes lands primarily north of Victoria Street South as well as a small pocket of lands south of Victoria Street South which will be added to the Warehouse District. The second area involves a block of land bounded by Frederick, Weber, Spetz and Scott Streets which will be added to the Office District. He then commented on the amendments to the Community Improvement Plan as outlined in the report which illustrates existing text that is to be deleted and text that is to be added. Mr. Richardson referred to the document distributed this date requesting additional revisions to the amendments proposed in the report. Firstly, he noted that in the Municipal Plan Amendment document reference to the change with respect to Map 5 was inadvertently not listed; whereas, the proposed revision was itemized under Section 3 Recommendations of the staff report. Accordingly, he requested the Committee's approval to include the Map 5 revision in the Municipal Plan Amendment document. He then referred to the amendment document for the Downtown Community Improvement Plan and requested the Committee approve of the revisions to Section 9.5 of that document which he distributed this date. Finally, he asked that the Committee consider the revised proposed by-law distributed this date in place of the by-law dated February 26, 2001 attached to the report noting that the revision expands wording of Clause 7. In response to Mayor C. Zehr, Mr. J. Witmer advised that in some cases the existing maximum improvement loan amount had been exceeded. Ms. Mary Ann Wasilka appeared as a delegation to comment that in her view the program did not extend far enough into the Central Frederick Neighbourhood. In this regard, she suggested that properties along Frederick Street to and including the Suddaby School and the former Petro Canada property as well as properties on Lancaster Street East should be included so that the program incentives could be applied to those properties. Ms. C. Ladd advised that Mr. Richardson was working on another Community Improvement Plan project that might assist with Ms. Wasilka's request and suggested that she meet with Mr. Richardson. No other delegations were registered respecting this matter. The Committee then considered the recommendations and agreed that the reference to Map 5 be included in the Municipal Plan Amendment document. It was also agreed to substitute the revised Zoning By-law distributed this date in place of the proposed by-law attached to the staff report and to revise the recommendation with respect to the Downtown Community BPS-00-130 MUNICIPAL PLAN AMENDMENT APPLICATION MP 99161DIGR ZONE CHANGE APPLICATION ZC O01191TCIGR DOWNTOWN COMMUNITY IMPROVEMENT PLAN AMENDMENT CITY INITIATED BRIDGEPORT-CENTRE WARD AND WEST-VICTORIA PARK WARD (CONT'D) Improvement Plan so as to include the revisions distributed this date with respect to Clause 9.5 of the plan. On motion by Councillor J. Smola - PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 26, 2001 - 38 - CITY OF KITCHENER It was resolved: That Council approve Municipal Plan Amendment Application MP 99/6/D/GR (Expansion to Downtown and related boundary revisions to the Central Frederick and Victoria Park Neighbourhood Secondary Plans and Community Improvement Areas), being an amendment to: revise Map 5, to change the designations of certain lands from Service Commercial and General Industrial to Downtown; ii) revise Map 7, Downtown Land Use Districts, to incorporate new lands into the boundaries of the Warehouse District and Office District; iii) revise Map 1, Community Improvement Areas, to amend lands currently in the boundary of the Cherry Park and Central Frederick planning communities to the Downtown planning community; iv) revise Map 14 'Plan for Land Use' and Map 15 'Floodplain and Environmental Areas', to remove certain lands from the Victoria Park Neighbourhood Secondary Plan; v) revise Map 20 'Plan for Land Use' to remove certain lands from the Central Frederick Neighbourhood Secondary Plan. That Zone Change Application ZC 00/19/TC/GR (City Initiated - Downtown Boundary Expansion) proposing a change in zoning from; Service Commercial Zone (C-6) with Special Regulation Provision 302R, Service Commercial Zone (C-6) with Special Regulation Provision 1R, General Industrial Zone (M-2), General Industrial Zone (M-2) with Special Regulation Provision 1R, and General Industrial Zone (M-2) with Special Regulation Provisions 314R and 39H to Warehouse District (D-6) with Holding Provision 42H, Warehouse District (D-6) with Holding Provision 43H, Warehouse District (D-6) with Holding Provisions 39H and 43H, Warehouse District with Special Regulation Provision 1R, Special Use Provision 294U and Holding Provision 43H, and Warehouse District (D-6) with Special Regulation Provision 1R, Special Use Provision 294U, and Holding Provision 42H, on lands shown on the attached Map 1, and ii) Commercial Residential Three Zone (CR-3) with Special Use Regulation 125U to Office District (D-4) the parcels of land described as Part Lot 2 and Part Lot 4 to Part Lot 9, Plan 406, Part Lot 1 and 2, Plan 372, Part Lot 38, Plan 364, STS and LNS Part Lot 169 and Lot 3, Plan 406, Plan 58R-2253, Part 3, in the City of Kitchener, be approved in the form shown on the attached by-law dated February 26, 2001, as revised March 26, 2001 in accordance with the wording to expand Clause #7 outlined in the summary of revisions distributed March 26, 2001, without conditions. 5. BPS-00-130 MUNICIPAL PLAN AMENDMENT APPLICATION MP 99161DIGR ZONE CHANGE APPLICATION ZC O01191TCIGR DOWNTOWN COMMUNITY IMPROVEMENT PLAN AMENDMENT CITY INITIATED BRIDGEPORT-CENTRE WARD AND WEST-VICTORIA PARK WARD (CONT'D) That Council approve the amendments, attached to report BPS-00-130 including deletion and replacement of Clause 9.5 as outlined in the summary of revisions distributed March 26, 2001, to the Downtown Kitchener Community Improvement Plan to: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 26, 2001 - 39 - CITY OF KITCHENER Expand the boundaries of the lands shown in Schedule "A", "Community Improvement Project Area"; and ii) Revise Part 9 of the Downtown Kitchener Community Improvement Plan to make minor revisions to clarify certain policies and incentives." 6. BPS-01-031 111 PINNACLE DRIVE DEMOLITION CONTROL APPLICATION DC 01/02/P/SV IVAN BIUK FAIRVIEW-GATEWAY WARD The Committee was advised that the Business and Planning Services Department was in receipt of a demolition control application from Mr. Ivan Biuk proposing demolition of a vacant single detached dwelling located at 111 Pinnacle Drive due to the deteriorated condition of the dwelling. The subject property is located on the west side of Pinnacle Drive adjacent to Doon Valley Drive. It was noted in the report that the property was not designated under the Ontario Heritage Act nor was it listed on the Heritage Database of Heritage Resources. Ms. C. Ladd provided a brief explanation of the request and advised that staff had nothing further to add to the report under consideration. Mr. Ivan Biuk was in attendance but did not speak in regard to the application. No delegations were registered respecting this application. On motion by Councillor B. Vrbanovic - It was resolved: "That Demolition Control Application DC 00/09/P/SV (Ivan Biuk), requesting approval for the demolition of the single detached dwelling located at 111 Pinnacle Drive, legally described as Part of Biehns Unnumbered Tract part of 5 on reference plan number 58R7954 be approved. It is the opinion of this Committee that approval of this application is proper planning for the City." BPS-01-029 POLICY RELATING TO BUILDING PERMITS FOR BUILDINGS CONSTRUCTED WITHOUT A BUILDING PERMIT The Committee was in receipt of Business and Planning Services Department report BPS-01-029 dated March 12, 2001. The report deals with the subject of requiring building permits for buildings constructed without a building permit. Mr. J. Witmer provided a presentation with regard to the content of the staff report and explained the rationale for the policy that has been proposed. Ms. Mary Ann Wasilka appeared as a delegation to advise that she supported the report based on personal experiences with regard to building additions. She referred to the unfairness of those who take out a permit, construct an addition and subsequently are subjected to both an BPS-01-029 POLICY RELATING TO BUILDING PERMITS FOR BUILDINGS CONSTRUCTED WITHOUT A BUILDING PERMIT (CONT'D) increase in assessment and taxation; whereas, those property owners who do not take out a permit in effect exempt themselves from assessment and taxation increases. No other delegations were registered respecting this matter. On motion by Mayor C. Zehr - It was resolved: "That Council approve the following policy relating to buildings / work without a building PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 26, 2001 - 40 - CITY OF KITCHENER permit: Where work has been completed less than one year before detection, the Building Division may use any or all legal measures to ensure that a building permit is obtained and that the Building Code and relevant city zoning regulations have been complied with; 2. Where work has been completed more than one year before detection and, (i) the person who completed the work is the current owner, or (ii) the current owner was aware or should have been aware of the work on or before purchasing and/or otherwise acquiring registered ownership of the property, the Building Division shall require: (a) (b) (c) (d) building permit(s) for the work, that construction plans be prepared by the owner describing the construction that was undertaken, that sufficient work be uncovered to satisfy the Chief Building Official that compliance with the Building Code has been achieved; and that the current owner provide the Building Division with a zoning compliance report that the work complies with all provisions and regulations under the City's relevant zoning by-laws; and Where work has been completed more than one year before detection, it is determined to have been completed by a previous owner and 2.(ii) does not apply, provided the work complies with all City's relevant zoning regulations, a building permit will not be required, however, an inspection (including, if necessary, uncovering all or part of the work) will be conducted to determine if there are any unsafe conditions, and (a) if upon inspection no ascertainable deficiencies are observed, the file will be closed with a note that the required permits were not obtained by the Owner and that there were no inspections undertaken during construction; or (b) if an unsafe condition is found, orders will be issued to rectify this condition and the remedial work itself will require a building permit. If required by the Chief Building Official and the owner refuses to uncover the work, the building will be deemed deficient and so noted in City files for subsequent purchasers and mortgagees. However, if the work is of such character (with regard to evident poor workmanship and/or the type of work) that, in the opinion of the Chief Building Official, uncovering is required, the Chief Building Official may take any appropriate steps to require an uncovering." 8. BPS-01-044 - EDUCATIONAL DEVELOPMENT CHARGES (EDC) The Committee considered Business and Planning Services Department report BPS-01-044 dated March 21,2001 dealing with Educational Development Charges (EDC). It was noted in BPS-01-044 - EDUCATIONAL DEVELOPMENT CHARGES (EDC) (CONT'D) the report that under the authority of the Education Act, the Waterloo Region District School Board and the Waterloo Catholic District School Board are proposing the adoption of a by-law to impose Educational Development Charges on all new residential developments throughout Waterloo Region. Ms. C. Ladd advised that both school boards had held public meetings with regards to this matter. City staff have reviewed the by-laws proposed by the Boards and as a result developed four recommendations as contained in the staff report. She then provided an explanation with regard to each recommendation. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 26, 2001 - 41 - CITY OF KITCHENER On motion by Mayor C. Zehr - It was resolved: "That the Council of the City of Kitchener request and advise the Waterloo Region District School Board and the Waterloo Catholic District School Board as follows: That the lands within Kitchener's downtown, as designated in the City's Municipal Plan and as shown on the map attached, be exempted from the imposition of Educational Development Charges by both Waterloo Region District and Waterloo Catholic District School Boards consistent with exemptions contained in the City's Development Charge By-law and the Region's Development Charge By-law; That the City of Kitchener supports the proposal by the School Boards to not impose educational development charges on commercial, industrial or institutional development and impose EDC's only on new residential development; That both School Boards be requested to consider an 'effective' date for Education Development Charge By-laws which will allow for appropriate phasing in and implementation of EDC's by the affected municipalities. Such date should be discussed and agreed to by the Boards and Municipal staff immediately prior to the adoption of each by-law by each School Board; That a formal process to deal with complaints regarding Education Development Charges under Section 257.85 be developed with each School Board to ensure that staff and resource support is available to the City in the event a formal complaint is received regarding Education Development Charge, particularly in the event of an appeal to the Ontario Municipal Board." 9. ADJOURNMENT On motion, the meeting adjourned at 5:57 p.m. L.W. Neil, AMCT Assistant City Clerk