HomeMy WebLinkAboutPlng & Econ Dev - 2001-09-10PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
SEPTEMBER 10, 2001CITY OF KITCHENER
The Planning and Economic Development Committee met this date commencing at 3:45 p.m. under
Councillor C. Weylie, Chair, with the following members present: Councillors M. Galloway, G. Lorentz
and J. Ziegler. Mayor C. Zehr and Councillors B. Vrbanovic and J. Smola entered the meeting after its
commencement.
Officials Present: Ms. L. MacDonald, C. Ladd, J. Given, D. Adams, K. Bissell, T. Malone-Wright and
Messrs. R.W. Pritchard, B. Stanley, G. Borovilos, F. Pizzuto, D. Mansell, P. Wetherup,
J. Nelson, T. Boutilier and L.W. Neil.
1.BPS-01-115-491 HIGHLAND ROAD WEST
-ZONE CHANGE APPLICATION ZC 99/09/H/ZJ
-DEROSIERS PROPERTY MANAGEMENT LIMITED
-FOREST-ROCKWAY WARD
The Committee considered Development and Technical Services Department report BPS-01-115
dated September 5, 2001 dealing with a request by the owner for removal of a holding provision
on 491 Highland Road West that was established by By-law 99-225 as a result of earlier
consideration of Zone Change Application ZC 99/9/H/ZJ. It was explained in the report that the
reason for the holding provision was to prevent specific uses until such time as the City was in
receipt of a letter of acknowledgement from the Ministry of Environment advising that a Record of
Site Condition had been completed in accordance with provincial guidelines. It was further noted
that due to additional tests being required the owner is unable to provide the Record of Site
Condition at this time.
Ms. C. Ladd provided a brief explanation of the report and advised that the property owner was in
support of the staff recommendation of deferral based on the existing situation.
No delegations were registered respecting this matter.
On motion by Councillor G. Lorentz -
It was resolved:
“That the request by DesRosiers Property Management Ltd. to lift holding provision 38H of
By-law 99-225 on lands legally described as Part of Lot 20, Registered Plan 1004, (491
Highland Road West) in the City of Kitchener, until such time as the City is in
be deferred
receipt of the acknowledgment of a Record of Site Condition from the Ministry of
Environment regarding the environmental condition of the property.”
2.BPS-01-106-HUCK CRESCENT / UDVARI CRESCENT
-SUBDIVISION APPLICATION 30T-01203
-BOST PROPERTIES INC.
-WEST-VICTORIA PARK WARD
The Committee was in receipt of Development and Technical Services Department report BPS-01-
106 dated July 25, 2001 dealing with a subdivision application submitted by Bost Properties Inc.
The proposed plan of subdivision is comprised of approximately 1.495 hectares (3.69 acres) of
land located to the northwest of the Victoria Street terminus and immediately east of the future Ira
Needles Boulevard in the Highland West community. The applicant requests draft approval of a
subdivision in which it is proposed to create 35 lots for single detached dwellings and a block for
the future development of an additional single detached dwelling. It was noted in the report that
the subject property was originally draft approved as part of subdivision 30T-86016 in 1996
wherein it was proposed to develop a mix of dwelling forms totalling 42 residential dwelling units.
However, ownership of the subject property has changed and the new owner is requesting a
separate and distinct approval to reflect the change in ownership and wishes to implement a new
plan of subdivision as previously described.
It was pointed out that notice that the Committee would hold a public meeting this date to consider
this matter had previously been given.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
SEPTEMBER 10, 2001- 91 -CITY OF KITCHENER
2.BPS-01-106-HUCK CRESCENT / UDVARI CRESCENT
-SUBDIVISION APPLICATION 30T-01203
-BOST PROPERTIES INC.
-WEST-VICTORIA PARK WARD (CONT’D)
Ms. T. Malone-Wright provided a summary of the purpose of the application and background with
regards to the earlier approved subdivision in which the subject lands are contained.
Councillor B. Vrbanovic entered the meeting at this point.
Mr. Barry Bauman attended in support of his September 5, 2001 correspondence that was
circulated with the Committee’s agenda. He advised that he was the owner of 1396 Highland
Road West which abuts and has easements over the Bost Properties land and pointed out that he
has not kept informed with regard to any proposals with respect to subdivisions located on either
side of his property. The following concerns were outlined in his submission: there was no
provision for compensation and/or protection of his existing easement over the Bost Property;
there was no provision for compensation and/or protection for the common road (Udvari), most of
which was located on his property; and that he had to reimburse Highland West Developments for
storm ponds and the Victoria extension costs, while Bost Properties is able to utilize these
facilities. He also expressed concern with regard to the lack of maintenance of the Bost Property
and noted that while he had no objections to resizing lots 1 to 24, he did object to resizing lots 25
to 35 and the additional half lot.
Ms. C. Ladd advised that there was a registered right-of-way over the Bost Properties land and
that the easement relating to this legal right-of-way was not affected by the draft approval.
Councillor J. Ziegler questioned if Mr. Bauman had sought legal representation with regard to his
concerns over the easement and was advised that he had not. Councillor Ziegler commented that
it was his understanding the Province was proposing changes in legislation that may impact the
longevity of existing easements and suggested to Mr. Bauman that he may wish to seek private
legal advice in this regard. Councillor Ziegler questioned if similar situations had occurred in the
past and how they might have been dealt with. Ms. C. Ladd responded that access is protected
and that Mr. Bauman’s easement could only be lost if he was to quit claim it. Further, she pointed
out that a condition in the draft approval will not allow the Bost development to proceed until Mr.
Bauman chooses to develop his lands. Ms. Ladd summarized by pointing out that nothing was
changing with respect to the current subdivision with the exception of the lotting pattern in the Bost
subdivision.
Mr. Bauman requested that the lots in the Bost Properties subdivision remain at a minimum 10
metre width and Ms. C. Ladd pointed out that currently the lots are larger than what Bost
Properties is proposing.
Mr. Ian Rawlings, Cumming Cockburn, appeared on behalf of Bost Properties Inc., in support of
the recommendation in the staff report. In reference to the easement, he confirmed staff’s
response that nothing would change with respect to the legal existence of the right-of-way and
pointed out the condition permitting development only concurrent with the Bauman properties. He
also supported staff comments with respect to a variety and mix of lots on Huck Crescent.
Mayor C. Zehr entered the meeting at this point.
Mr. Rawlings referred to Mr. Bauman’s concerns with respect to cost sharing and advised that his
client was not attempting to evade responsibility for any development costs and was willing to
undertake reimbursement for their fair share. He did note that there was nothing in the subdivision
conditions dealing with a sidewalk on the east side of Ira Needles Boulevard and advised that his
client was willing to assume costs of such sidewalk relating to their frontage.
In response to Councillor C. Weylie, staff advised that a noise study was prepared and accepted
but that there was a provision to allow for this issue to be revisited. Ms. T. Malone-Wright pointed
out that there was a condition in the subdivision dealing with a sidewalk on the easterly side of Ira
Needles Boulevard. She further commented on the lotting and noted that with the
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
SEPTEMBER 10, 2001- 92 -CITY OF KITCHENER
2.BPS-01-106-HUCK CRESCENT / UDVARI CRESCENT
-SUBDIVISION APPLICATION 30T-01203
-BOST PROPERTIES INC.
-WEST-VICTORIA PARK WARD (CONT’D)
overall difference in types of dwelling units there was a reduction from 42 to 35 residential units as
a result of the new subdivision plan.
Mayor C. Zehr commented that there had recently been a problem with occupancy permits in a
subdivision and questioned if that could become an issue within this subdivision. Ms. C. Ladd
advised that the subdivision agreement refers to when building permits can be issued and
provides for early issuance where appropriate but restricts occupancy. In regard to requests for
early occupancy she noted that staff had to consider the competing pressures between
homebuilders and suppliers of utilities. Councillor J. Ziegler pointed out that the proposed
subdivision was beneficial to Mr. Bauman in that the applicant is proposing to develop more single
homes than previously planned resulting in a lesser number of residential dwelling units being
accommodated on the subject lands than what the current plan of subdivision permits. Finally, he
suggested that both parties undertake or consult more closely with respect to their development
plans.
On motion by Mayor C. Zehr -
It was resolved:
“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-01203 (Huck Crescent / Udvari Crescent) in the City of
Kitchener, for Bost Properties Inc., subject to the following conditions:
1.That this approval applies to Plan of Subdivision 30T-01203 for Bost Properties Inc.
as shown on the plan prepared by Cumming Cockburn Limited, dated February 14,
2001, and as shown on the attached Plan of Subdivision prepared by the City of
Kitchener dated June 21, 2001, which shows the following:
Single Detached DwellingsLots 1-35
Future DevelopmentBlock 36
2.CITY OF KITCHENER CONDITIONS:
2.1That 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 June 21, 2001 and which shall contain the
following special conditions:
Section 3Prior to Servicing
3.15The Subdivider acknowledges that sidewalks are required to be constructed
on both sides of all streets within the subdivision, including the easterly side
of the future Ira Needles Boulevard, in accordance with the City’s Sidewalk
Location Policies.
Section 4Prior to the Issuance of Building Permits
4.22 The SUBDIVIDER agrees that no building permits shall be issued for Block
36 until it is consolidated with Block 14 (Stage 5) in the adjacent Plan of
Subdivision 30T-86016.
4.23 The SUBDIVIDER agrees that no dwelling units in this plan of subdivision will
be constructed with finished floor elevations greater than 377 MASL in order
to maintain adequate water pressure.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
SEPTEMBER 10, 2001- 93 -CITY OF KITCHENER
2.BPS-01-106-HUCK CRESCENT / UDVARI CRESCENT
-SUBDIVISION APPLICATION 30T-01203
-BOST PROPERTIES INC.
-WEST-VICTORIA PARK WARD (CONT’D)
Section 6Other Time Frames
6.10The SUBDIVIDER agrees that construction traffic to and from the proposed
subdivision shall be restricted to using Huck Crescent southeasterly to
Highgate Road and Victoria Street 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 CITY’S Assistant General Manager of Engineering
Services.
2.2That 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.
2. The SUBDIVIDER shall submit copies of the plan for registration to the
CITY'S Assistant General Manager of Business and Planning Services and
to obtain approval of such applications therefrom.
3. 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.
4. The SUBDIVIDER shall install within the subdivision any required geodetic
monuments under the direction of the CITY'S Assistant General Manager of
Engineering Services, 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.
5. The SUBDIVIDER shall make satisfactory arrangements with HYDRO for 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.
6. 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.
7. 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:
(a)to provide copies of the subdivision plan proposed for registration and
reference plan(s) showing the easements to the COMMISSION, and
telephone companies and the CITY'S Assistant 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
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
SEPTEMBER 10, 2001- 94 -CITY OF KITCHENER
2.BPS-01-106-HUCK CRESCENT / UDVARI CRESCENT
-SUBDIVISION APPLICATION 30T-01203
-BOST PROPERTIES INC.
-WEST-VICTORIA PARK WARD (CONT’D)
CITY'S Assistant General Manager of Engineering Services 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 Assistant General Manager of
Engineering Services, or, in the case of parkland, the CITY'S General
Manager of Community Services; and
(e) to provide to the CITY'S Assistant General Manager of Business and
Planning Services, a clearance letter from each of the COMMISSION
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.
8. The SUBDIVIDER shall dedicate all roads, road widenings and public
walkways to the CITY by the registration of the Plan of Subdivision.
9. 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 Assistant 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 Assistant
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;
(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 adjacent lands including
references to any formal development applications, all to the
satisfaction of the CITY'S Assistant 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,
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
SEPTEMBER 10, 2001- 95 -CITY OF KITCHENER
2.BPS-01-106-HUCK CRESCENT / UDVARI CRESCENT
-SUBDIVISION APPLICATION 30T-01203
-BOST PROPERTIES INC.
-WEST-VICTORIA PARK WARD (CONT’D)
(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 Development & Technical Services.
10. To expedite the approval for registration, the SUBDIVIDER shall submit to
the CITY'S Assistant 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.
11. The SUBDIVIDER agrees that the registration of the subdivision must
proceed concurrently with Stage 5 of Draft Plan of Subdivision 30T-86016.
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, Housing and
Community Services:
1.That the owner agrees to stage the development of this subdivision in a
manner satisfactory to the Regional Commissioner of Planning, Housing and
Community Services.
2.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, Housing and
Community Services prior to final approval of the subdivision plan.
3. a)That the owner enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any
agreement for the installation of underground services, whichever occurs
first. Where the owner has already entered into an agreement for the
installation of underground servicing with the area municipality, such
agreement shall be amended to provide for a Regional Agreement for
Servicing prior to registration of any part of the plan. The Regional
Commissioner of Engineering shall advise prior to an Agreement for
Servicing that sufficient water supplies and wastewater treatment capacity is
available for this plan, or the portion of the plan to be registered.
b)That the owner include the following statement in all agreements of lease
purchase and sale that may be entered into pursuant to Section 52 of the
Planning Act, prior to the registration of the 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 approval satisfied, including the availability of servicing,
until the plan is registered.”
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
SEPTEMBER 10, 2001- 96 -CITY OF KITCHENER
2.BPS-01-106-HUCK CRESCENT / UDVARI CRESCENT
-SUBDIVISION APPLICATION 30T-01203
-BOST PROPERTIES INC.
-WEST-VICTORIA PARK WARD (CONT’D)
4.That a lot grading and drainage plan and stormwater management report be
submitted for approval, for the entire draft plan of subdivision to the
satisfaction of the Regional Commissioner of Planning, Housing and
Community Services where lands drain to a Regional facility.
5.That the owner enter into an agreement with the City of Kitchener that no
dwelling units in this plan of subdivision will be constructed with finished floor
elevations greater than 377 MASL in order to maintain adequate water
pressure.
6.That prior to registration the owner confirm that adequate water pressure is
available to meet fire flow requirements under all water demand scenarios.
7.That the owner prepare an updated Noise Study to indicate to the Regional
Municipality of Waterloo methods to be used to abate traffic noise levels from
the future Ira Needles Boulevard and if necessary, shall enter into an
agreement with the Regional Municipality of Waterloo to provide for the
implementation of the approved noise study attenuation measures prior to the
issuance of building permits.
8.That the owner enter into an agreement with the Regional Municipality of
Waterloo to erect a 1.82 metre high permanent, maintenance free fence 0.15
metres inside the Regional road allowance along the future Ira Needles
Boulevard in accordance with Regional policies and procedures.
4.CLEARANCE CONDITIONS
1.That prior to the signing of the final plan by the City's Assistant General
Manager of Business and Planning Services, the Assistant General Manager
shall be advised by the Regional Commissioner of Planning, Housing and
Community Services that Conditions 3.1-3.8 inclusive have been carried out
to the satisfaction of the Regional Municipality of Waterloo. The clearance
letter from the Region shall include a brief statement detailing how each
condition has been satisfied.
2.That prior to the signing of the final plan by the City’s Assistant General
Manager of Business and Planning Services the Assistant General Manager
shall be advised by the telephone company that Conditions 2.2.5 and 2.2.7
have been carried out satisfactorily. The clearance letter should contain a
brief statement as to how the condition was satisfied.
3.That prior to the signing of the final plan by the City’s Assistant General
Manager of Business and Planning Services the Assistant General manager
shall be advised by HYDRO that Conditions 2.2.6 and 2.2.7 have been
carried out satisfactorily. The clearance letter should contain a brief
statement as to how the condition was satisfied.
5.NOTES
Development Charges
1. 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.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
SEPTEMBER 10, 2001- 97 -CITY OF KITCHENER
2.BPS-01-106-HUCK CRESCENT / UDVARI CRESCENT
-SUBDIVISION APPLICATION 30T-01203
-BOST PROPERTIES INC.
-WEST-VICTORIA PARK WARD (CONT’D)
Registry Act
2.The final plans for Registration must be in conformity with Ontario Regulation
43/96, as amended, under The Registry Act.
Review
3.Draft approval will be reviewed by City of Kitchener Council from time to time
to determine whether draft approval should be maintained.
Updated Information
4.It is the responsibility of the owner of this draft plan to advise the Regional
Municipality of Waterloo and the City of Kitchener of any changes in
ownership, agent, address and phone number.
Agreement
5.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
6.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 System
7.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.
Stormwater Management
8.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
9.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 & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
SEPTEMBER 10, 2001- 98 -CITY OF KITCHENER
2.BPS-01-106-HUCK CRESCENT / UDVARI CRESCENT
-SUBDIVISION APPLICATION 30T-01203
-BOST PROPERTIES INC.
-WEST-VICTORIA PARK WARD (CONT’D)
Planning Act Applicability
10.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
11.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
12.To ensure that a Regional Release is issued by the Regional Commissioner
of Planning, Housing and Community Services 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.
Final Plans
13.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 City’s Assistant General Manager of Business and Planning
Services’, 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.”
Councillor J. Smola entered the meeting at this point.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
SEPTEMBER 10, 2001- 99 -CITY OF KITCHENER
3.SUBMISSION-STECKLE HERITAGE HOMESTEAD
-FUTURE PLANS FOR LOT 132, HURON BUSINESS PARK
-MCINTYRE DRIVE / BLEAMS ROAD
-SOUTH WARD
The Committee was in receipt of a submission from the J. Steckle Heritage Homestead that was
circulated with the agenda for the purpose of following up on their request made in connection with
report BPS-01-064 at the May 14, 2001 Planning and Economic Development Committee meeting,
the minutes of which were also circulated as information with the agenda.
Ms. K. Bissell introduced the matter by referencing the Committee consideration on May 14, 2001
noting that Site 132 had been taken off the real estate market and that staff had assisted the
Homestead in developing future plans for lot 132 as to its interrelationship with the Steckle
Heritage Homestead.
Ms. Linda Horn, Chair, J. Steckle Heritage Homestead Foundation and Ms. Marina Huisson,
Walter Fedy Partnership, attended in support of the submission by the Homestead this date. A
short video was shown illustrating the Homestead and emphasizing the need to preserve the land
and buildings and to undertake educational programs. Following the video, a presentation was
made using the overhead projection system to outline their future plans. Issues dealt with
included: program growth, access to the property, parking, proximity of nearby residential /
industrial uses and existing trail network and a master plan of capital improvements to the existing
Homestead and site 132. It was stated that acquisition of site 132 was a great opportunity to
protect and enhance the existing Homestead and acquisition at no cost would allow the foundation
to implement programs more quickly. It was noted that the capital improvement budget contained
a number of assumptions and proposed $40,000 in year 1, $60,000 in year 2 and $140,000 of
improvements in year 3 which would be funded by partners of the Homestead. The submission
set out 3 options for the City to consider in terms of conveyance of site 132 being: a donation,
purchase for a token $50,000, and purchase at partial market value of $120,000. Comment was
made as to the educational benefit provided to residents at no cost to the taxpayer and the fact
that many years ago the Steckle Woods had been donated to the City.
Councillor M. Galloway referred to remarks by the delegation as to site 132 being available for
special community events and questioned if sole ownership of the property might be a problem in
terms of conflicting use for purposes of community events with events at the Homestead. Ms. L.
Horn responded that children and education were the number one priority of the Homestead and
that it was their wish to be able to offer use of the facility to corporate sponsors as well as to
selectively offer the facility to other users. She further advised that both Boards associated with
the Homestead were non profit and that based on consultation undertaken by the Boards, it was
their view a long term lease arrangement for site 132 was much less favourable to successful
fundraising activity.
Councillor M. Galloway commented on the service provided by the Homestead to the community
but was of the opinion site 132 should remain under the City’s ownership as there was a need to
facilitate use of the site by other organizations. He suggested that the City consider how it could
assist the Homestead with its development plans as well as undertake minor infrastructure
improvements to site 132. Further, he expressed disappointment with the Homestead’s minimal
consideration of a long term use agreement with the City for site 132.
Councillor G. Lorentz proposed a motion that the City donate site 132 to the J. Steckle Heritage
Homestead Foundation and remarked on the opportunities, vision and natural tie-in that site 132
represented for both the Homestead and the City. Further comment was forthcoming by
Councillor M. Galloway and Mayor C. Zehr dealing with opportunities with respect to the site,
fundraising by the Foundation and the benefit of increased activity through an altered parking
arrangement on an expanded Homestead site. Councillor B. Vrbanovic indicated that he was
supportive of Councillor Lorentz’s motion but questioned what plans there were with respect to the
City of Kitchener receiving recognition for the substantial donation that site 132 represented. Mr.
G. Borovilos advised that staff had not discussed this issue with the Foundation but suggested an
agreement could be drafted in this regard. Councillor G. Lorentz accepted Councillor Vrbanovic’s
request for City recognition as a friendly amendment to his motion.
3.SUBMISSION-STECKLE HERITAGE HOMESTEAD
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
SEPTEMBER 10, 2001- 100 -CITY OF KITCHENER
-FUTURE PLANS FOR LOT 132, HURON BUSINESS PARK
-MCINTYRE DRIVE / BLEAMS ROAD
-SOUTH WARD (CONT’D)
Councillor M. Galloway in reference to his earlier remarks clarified that his intent was to suggest
the need for a cooperative approach with respect to use of site 132.
On motion by Councillor G. Lorentz -
It was resolved unanimously:
“That site 132 fronting McIntyre Drive in the Huron Business Park be donated to the J.
Steckle Heritage Homestead Foundation for the purpose of supporting the future initiatives
of the Homestead as outlined in the submission presented to the September 10, 2001
Planning and Economic Development Committee meeting; and further,
That staff be directed to enter into discussions with the Homestead Board for the purpose
of developing an agreement outlining recognition of City support and provide a detailed
recommendation in this regard at a future Committee meeting.”
4.BPS-01-104-REVIEW OF EARTH WEEK 2001
The Committee considered Development and Technical Services Department report BPS-01-104
dated August 21, 2001 prepared to summarize and review projects undertaken during Earth Week
2001. In this regard, it was noted in the report that the City in conjunction with the Region
organized and implemented a range of community based environmental projects from April 17 –
28, 2001 and that it was hoped to receive direction for Earth Week 2002 as a result of
presentation of this report. The Committee was also in receipt of a memorandum dated
September 7, 2001 from Ms. J. Billett advising that the Environmental Committee supported the
staff recommendation in report BPS-01-104.
Mr. T. Boutilier gave a presentation utilizing the overhead projection system in support of the
details contained in the staff report. He noted that the objectives of the Earth Week undertaking
were that it would be community based, involve citizens, provide for a meaningful environmental
contribution and further develop a City / Regional partnership regarding this matter. Earth Week
activities included tree planting and naturalization projects, community clean-up, community
environmental fairs and environmental tours. Mr. Boutilier advised that in support of Earth Week
2001 approximately $19,000 had been spent of which $16,000 was provided out of the
Environmental Committee budget. He referred the Committee to the suggested directions for 2002
outlined in the report and requested funding consideration of $20,000 out of the Operating Budget
of the Environmental Committee and $25,000 out of the Capital Budget from the Community
Services Department to undertake planting projects. He indicated that an approach would be
made to the Region with a similar funding request.
Councillor B. Vrbanovic complemented all of the staff involved in the Earth Week 2001
undertaking as well as Messrs. Frank Wende and Bruce Krafcheck, both of whom are
Environmental Committee members for their contribution. Mr. Boutilier indicated that $1,200
funding was received from the Region in 2001 and that it was his belief the Region would support
undertaking larger scale projects for Earth Week 2002. Councillor G. Lorentz requested that staff
have regard to the costs of follow-up such as maintenance that would be incurred after such
intensive planting programs. Mr. J. Nelson advised that the administrative costs of monitoring
plantings was part of the reason why staff were considering only two to three large projects in 2002
instead of numerous smaller projects as there would be administrative economies in this revised
approach.
On motion by Councillor B. Vrbanovic -
It was resolved:
“That City of Kitchener staff be directed to develop a community-based program of events,
activities, and tours for Earth Week 2002 in partnership with the Region of Waterloo and
the Grand River Conservation Authority; and further,
4.BPS-01-104-REVIEW OF EARTH WEEK 2001 (CONT’D)
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
SEPTEMBER 10, 2001- 101 -CITY OF KITCHENER
That Earth Week program funding be established on an on-going basis commencing in
2002 as follows:
· $20,000 – Operating Budget of the Environmental Committee
· $25,000 – Capital Budget of the Community Services Department”
5.BPS-00-173-DIGITAL SUBMISSION STANDARDS RE:
-PLANS OF SUBDIVISIONS, PLANS OF CONDOMINIUMS, PART LOT
CONTROL, CONSENTS AND SITE PLANS
The Committee was in receipt of Development and Technical Services Department report BPS-00-
173 dated August 29, 2001 dealing with new City of Kitchener Digital Submission Standards for:
plans of subdivision, plans of condominium, part lot control, consents and site plans. It was noted
in the staff report that it contains recommended standards for the submission of digital maps
associated with Planning applications and approvals in the City of Kitchener, together with a brief
background on the rationale for the new standards and the way in which the digital information will
be utilized.
Ms. J. Given provided an introduction and explanation of the report and pointed out that currently
staff spend a great deal of time manipulating data currently being submitted to City of Kitchener
standards. She advised that a draft document for the proposed digital submission standards was
circulated in December 2000 to local planning, engineering and surveying firms followed by a
meeting with those parties. Comments arising from this public consultation process have been
incorporated into the staff report and the proposed requirements have been modified to reflect the
outcome of this consultation. Ms. Given noted that there was general acceptance by those that
were circulated and that a copy of the final report had been sent to all those who were initially
circulated so as to ensure awareness of the new standards.
Ms. Given did note that an outcome of discussions with industry representatives was emergence
of two concerns; firstly, being consistent municipal standards locally among the municipalities and;
secondly, the timing of implementation of georeferencing. On the issue of municipal standards
she advised that the Assistant General Manager, Business and Planning, had written to area
municipalities in this regard and on the second point she advised that at this time it was proposed
to implement only a limited requirement for georeferencing. In summary, Ms. Given indicated that
the undertaking would streamline existing processes, improve customer service and benefit
emergency services.
Ms. Dianne Adams, GIS Project Manager, provided the Committee with a presentation utilizing the
overhead projection system to display the concepts relating to digital information and the layers of
data in that regard. She indicated that staff had established a standard list of layers that
applicants must adhere to in their submission in order that staff can process the information faster
and that the outcome of the digital submission standards initiative would be elimination of
duplication.
Councillor J. Ziegler questioned what the impact of the standards would be on small developers
and Ms. J. Given advised that there would be none given their need for involvement of Ontario
Land Surveyors who are linked to this process. In reference to consents arising from land
severances, she indicated that submission standards were not being required in the initial stages
of application.
On motion by Councillor B. Vrbanovic -
It was resolved:
“That those standards set out in Appendix ‘A’ attached to Development and Technical
Services Department report BPS-00-173 be adopted as the City of Kitchener’s digital
requirements for submission and processing of Plans of Subdivision, Plans of
Condominium, Part Lot Control, Consent and Site Plan applications. Further, that staff be
authorized to make administrative and minor changes as required to maintain currency with
industry standards, provided that any significant changes be submitted to Council for
5.BPS-00-173-DIGITAL SUBMISSION STANDARDS RE:
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
SEPTEMBER 10, 2001- 102 -CITY OF KITCHENER
-PLANS OF SUBDIVISIONS, PLANS OF CONDOMINIUMS, PART LOT
CONTROL, CONSENTS AND SITE PLANS (CONT’D)
consideration and approval; and further,
That Business and Planning Services and Legal be authorized to make the necessary
minor changes to the City’s Standard Residential Subdivision Agreement to reflect the
digital submission requirements.”
6.ADJOURNMENT
On motion, the meeting adjourned at 5:40 p.m.
L.W. Neil, AMCT
Assistant City Clerk