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HomeMy WebLinkAboutDev & Tech Svcs - 2002-10-28DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 28~ 2002 CITY OF KITCHENER The Development and Technical Services Committee met this date commencing at 7:05 p.m. under Councillor C. Weylie, Chair, with the following members present: Mayor C. Zehr and Councillors B. Vrbanovic, M. Galloway, G. Lorentz and J. Smola. Officials Present: Ms. L. MacDonald, Ms. J. Voss and Messrs. J. Fielding, J. Willmer, R. Browning, L. Masseo, J. McBride and L.W. Neil. 1. DTS-02-225 - SHIRLEY AVENUE AT RIVERVIEW PLACE / CRESTVIEW PLACE INTERSECTION CONTROL BRIDGEPORT-CENTRE WARD The Committee considered Development and Technical Services Department report DTS-02- 225 dated October 18, 2002 dealing with a recommendation that stop controls be installed on each of Riverview Place and Crestview Place where they intersect with Shirley Avenue. On motion by Councillor J. Smola - it was resolved: "That a stop control be installed on Riverview Place at the intersection of Shirley Avenue facing eastbound traffic; and, That a stop control be installed on Crestview Place at the intersection of Shirley Avenue facing eastbound traffic; and further, That the Uniform Traffic By-law be amended accordingly." DTS-02-239 - FREE SATURDAY DOWNTOWN PARKING DOWNTOWN BUSINESS ASSOCIATION REQUEST The Committee considered Development and Technical Services Department report DTS-02- 239 dated October 18, 2002 advising of receipt of a request from Mr. Marty Schreiter, Executive Director of the Downtown Business Association, pertaining to a request that the City provide free parking during the Christmas season within the Downtown. On motion by Mayor C. Zehr - it was resolved: "That free parking be provided in all City of Kitchener operated parking facilities within the Downtown on Saturdays commencing on November 16, 2002 and extending through the Christmas season to December 28, 2002 inclusive, as requested by the Kitchener Downtown Business Association." DTS-02-240 - REQUEST FOR EXEMPTION TO MUNICIPAL CODE CHAPTER 450 (NOISE) REGION OF WATERLOO - MANNHEIM WATER TREATMENT PLANT SOUTH WARD The Committee was in receipt of Development and Technical Services Department report DTS- 02-240 dated October 22, 2002. The report was prepared in response to correspondence dated October 21, 2002 from Davidson Drilling, contractor for the Region of Waterloo, advising of drilling work that must take place 24 hours a day, seven days a week, on wells at the Region's Mannheim Water Treatment Plant, 2069 Ottawa Street South. On motion by Councillor M. Galloway - it was resolved: "That the Regional Municipality of Waterloo and its contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the drilling and installation of five aquifer storage and recharge DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 28~ 2002 - 179 - CITY OF KITCHENER 3. DTS-02-240 - REQUEST FOR EXEMPTION TO MUNICIPAL CODE CHAPTER 450 (NOISE) REGION OF WATERLOO - MANNHEIM WATER TREATMENT PLANT SOUTH WARD (CONT'D) wells within the Mannheim Water Treatment Plant property limits located at 2069 Ottawa Street South. The request for the exemption is between the hours of 7:00 p.m. to 7:00 a.m. for the period from Tuesday November 5 to Tuesday February 4, 2003." CRPS-02-246 ENVIRONMENTAL COMMITTEE RECOMMENDATION REGION OF WATERLOO WASTE AUDIT REPORT CONDUCTED AS PART OF THE 2002 EARTH WEEK FESTIVAL COMMUNITY CLEAN -UP CAMPAIGN The Committee considered Corporate Services Department report CRPS-02-246 dated October 10, 2002 dealing with a recommendation from the Environmental Committee pertaining to the Region of Waterloo Waste Audit Report conducted as part of the 2002 Earth Week Festival Community Clean-Up Campaign. The Region's waste audit report was attached to the staff report as well as minutes of the October 3, 2002 Environmental Committee meeting. On motion by Councillor B. Vrbanovic - it was resolved: "That staff work with the City's Communications Division to develop an appropriate media release to announce the results of the Region of Waterloo Waste Audit Report conducted as part of the 2002 Earth Week Festival Community Clean-up Campaign. - and - That on behalf of the Kitchener Environmental Committee, Councillor Berry Vrbanovic correspond with major corporations of the fast food and beverage industries to solicit ideas and request support for reducing waste associated with the industries." CRPS-02-246 ENVIRONMENTAL COMMITTEE RECOMMENDATION 2002-2003 ENVIRONMENTAL COMMITTEE STRATEGIC WORK PLAN The Committee considered Corporate Services Department report CRPS-02-246 dated October 10, 2002 which also dealt with an Environmental Committee recommendation pertaining to the 2002-2003 Environmental Committee Strategic Work Plan. Attached to the staff report was report CRPS-02-234 dated September 23, 2002 along with the work plan as well as a copy of the October 3, 2002 Environmental Committee meeting minutes in this regard. On motion by Councillor B. Vrbanovic - it was resolved: "That the 2002-2003 Environmental Committee Strategic Work Plan, as attached to Corporate Services Department report CRPS-02-234, be approved; and further, That staff report to the Environmental Committee on an ongoing basis respecting development of proposed action plans to assist in carrying out priorities as listed under each main category of the Committee's Strategic Work Plan." DTS-02-224 - PIONEER TOWER ROAD SUBDIVISION APPLICATION 30T-01206 GRAND RIVER CONSERVATION AUTHORITY FAIRVIEW-GATEWAY WARD The Committee was in receipt of Development and Technical Services Department report DTS- 02-224 dated October 15, 2002 dealing with a subdivision application by the Grand River Conservation Authority on lands abutting Pioneer Tower Road. It was noted in the report that DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 28~ 2002 - 180 - CITY OF KITCHENER this proposed subdivision development was previously given draft plan approval as stage 2 of DTS-02-224 - PIONEER TOWER ROAD SUBDIVISION APPLICATION 30T-01206 GRAND RIVER CONSERVATION AUTHORITY FAIRVIEW-GATEWAY WARD (CONT'D) subdivision application 30T-97023. The sole purpose of the current application, together with modifications to the original draft approval is to grant separate approvals to each stage of the development which permits the lands covered by each draft approval to be sold independently. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. J. Willmer briefly explained the purpose of the application and advised that staff had nothing further to add. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning Limited, attended on behalf of the Grand River Conservation Authority to indicate support of his client for the recommendation in the staff report. No other delegations were registered respecting this matter. On motion by Councillor G. Lorentz - 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 2002-164 grant draft approval to Plan of Subdivision Application 30T-01206 in the City of Kitchener, for the Grand River Conservation Authority Ltd., subject to the following conditions: That this approval applies to Plan of Subdivision 30T-01206 for the Grand River Conservation Authority as shown on the plan prepared by MacNaughton Hermsen Britton Clarkson Ltd. dated September 7, 2001 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated September 26, 2002, which shows the following: Blocks 1-4 Block 5 Blocks 6, 7 Blocks 8,9 Block 10 -single detached dwellings (max. 25 units ) -trail link -lot consolidations for future single detached dwellings -road widenings -0.3 m reserve 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 September 26, 2002 and which shall contain the following special conditions: Part 3 Prior to Servicing 3.16 a) The stormwater management pond, which will be constructed on lands located immediately west of the subdivision lands, shall jointly serve this subdivision and that of Plans of Subdivision 30T-97023, 30T-94009 and 30T-96004. Engineering design, landscaping and construction costs will be shared on a contributing volume basis with each owner. Construction costs shall relate to the costs to implement the ultimate storm water management design and shall be based on the actual tendered cost. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 28~ 2002 - 181 - CITY OF KITCHENER 6. DTS-02-224 - PIONEER TOWER ROAD SUBDIVISION APPLICATION 30T-01206 GRAND RIVER CONSERVATION AUTHORITY FAIRVIEW-GATEWAY WARD (CONT'D) b) In order to facilitate the ultimate development and sharing of expenses of the storm water management facility, the Subdivider agrees to submit a Letter of Credit to the City Solicitor for its fair share of the cost of the storm water management facility, to the satisfaction of the City's Director of Engineering prior to the commencement of any servicing within any stage of this plan of Subdivision. At such time as the ultimate storm water management facility has been constructed and has been accepted by the City's Director of Engineering and a letter has been submitted indicating full payment has been made for the cost sharing of the storm water management facility in accordance with b) above, the City agrees to release the Letter of Credit to the Subdivider. Part 4 Prior to the Issuance of Building Permits 4.22 The Subdivider agrees that no building permits shall be applied for on any lot or block in the Plan until satisfactory arrangements are made with the City's Chief Building Official regarding the installation and maintenance of a direct-to-fire alarm monitoring system for each and every dwelling to be constructed within this Plan. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. Prior to occupancy of each dwelling, the Subdivider shall confirm with the Chief Building Official that such system is operational. Such system shall remain operational in perpetuity and this condition shall not be released from title unless and until the City's Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. 4.23 No building permits shall be issued for Blocks 6 or 7 until such blocks are consolidated with adjacent lands to the east, legally described as Part Lot 12, Beasley's Broken Front Concession. Part 6 Other Time Frames 6.10 Notwithstanding the City's sidewalk policy, the owner shall construct 1.5 metre concrete sidewalks to the satisfaction of the City's Director of Engineering only on the south side of Old Pioneer Tower Road from Deer Ridge Drive to Block 5, together with both sides of Black Maple Crescent and Black Maple Court. 6.11 That the 5% parkland dedication required for the plan of subdivision has been satisfied by the prior conveyance to the City, of lands within Plan of Subdivision 30T-95016, namely Blocks 2,3, 55 and 56. 6.12 That construction traffic to and from the proposed subdivision development shall be restricted to accessing the subdivision only from Deer Ridge Drive and Old Pioneer Tower Road. The Subdivider agrees to advise all relevant contractors, builders, and other persons of the requirement, with the subdivider being responsible for any signage, if required, all to the satisfaction of the City's Director of Transportation Planning. 6.13 If not already upgraded through the development of Plan of Subdivision 30T-97023, the owner shall upgrade Pioneer Tower Road (to be renamed "Old Pioneer Tower Road") from its intersection with Deer Ridge Drive to the westerly limit of Block 5, to the satisfaction of the City's Director of DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 28~ 2002 - 182 - CITY OF KITCHENER 6. DTS-02-224 - Engineering. Such upgrading shall be done to modified municipal PIONEER TOWER ROAD SUBDIVISION APPLICATION 30T-01206 GRAND RIVER CONSERVATION AUTHORITY FAIRVIEW-GATEWAY WARD (CONT'D) standards, including modified curbs, tar and chip surface, a suitable style of lighting fixtures and sidewalks of suitable construction materials, consistent with those standards approved by the City's Director of Engineering for Pioneer Tower Road adjacent to Plan of Subdivision 30T-94008. Such upgrading shall be done within an 18 metre right-of-way between Deer Ridge Drive and the westerly leg of Black Maple Crescent and within a 16 metre right-of-way west of Black Maple Crescent to the westerly limit of this plan. Such upgrading shall include a sidewalk along the southerly side of Old Pioneer Tower Road between Deer Ridge Drive and Block 5. 6.14 It is acknowledged that prior to the final approval of the subdivision of adjacent lands to the east, either by plan of subdivision or consent, that the owner of said adjacent lands shall satisfy the City's Director of Planning that he has paid to the owner of the Plan of Subdivision, 30T-01206, half of the tendered contract price of the construction of Black Maple Court and the abutting portion of Black Maple Crescent. 2.2 That prior to final approval of the plan to be registered, the Subdivider shall fulfil the following conditions: 1. The City Standard Residential Subdivision Agreement be registered on title. The final plan for registration shall show all lots intended for development as single detached, semi-detached or duplex dwellings and a City Standard Supplementary Residential Subdivision Agreement showing such lotting shall be registered for each stage prior to the registration of such stage. This condition shall not apply if the plan is to be registered prior to the approval of servicing plans. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Director of Planning and shall obtain approval of such applications 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. 5 The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering, with coordinate 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 28~ 2002 - 183 - CITY OF KITCHENER 6. DTS-02-224 - 10. 11. PIONEER TOWER ROAD SUBDIVISION APPLICATION 30T-01206 GRAND RIVER CONSERVATION AUTHORITY FAIRVIEW-GATEWAY WARD (CONT'D) 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: (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'S Director of Planning. (b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering 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 Director of Engineering, or, in the case of parkland, the CITY'S Director of Operations; (e) to provide to the CITY'S Director of Planning, a clearance letter from each of HYDRO and the telephone company. 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 5 for open space/trail link purposes. 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 Director of Planning, 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 Director of Planning; 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 28~ 2002 - 184 - CITY OF KITCHENER 6. DTS-02-224 - PIONEER TOWER ROAD SUBDIVISION APPLICATION 30T-01206 GRAND RIVER CONSERVATION AUTHORITY FAIRVIEW-GATEWAY WARD (CONT'D) 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 Director of Planning; d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVDER shall obtain prior written approval from the CITY"S Director of Engineering, or, I the case of parkland, the City's Director of Operations. e) to provide to the CITY's Director of Planning, a clearance letter from each of HYDRO and the telephone company. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. 12. The SUBDIVIDER shall have landscape plans for the stormwater management facilities prepared by an environmental professional acceptable to the CITY'S Director of Operations and to obtain therefrom, approval of such plans. 13. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Director of Planning, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the subdivision plan, have been satisfied. 14. In the event the cost of the intersection design, improvements and signalization are not included as growth related items in the Region's Development Charge By-law prior to such works being constructed/installed, the Subdivider acknowledges that engineering design and construction costs for these works shall be shared with the owners of the following lands: * Krizsanderson Developments Ltd.-all lands within Draft Plan of Subdivision 30T-94009 * Maple Manor Ltd.-all lands within Draft Plan of Subdivision 30T-94017 * JHS Properties Inc.-all lands within Draft Plan of Subdivision 30T-94009 * 346874 Ontario Ltd.-all lands within Draft Plan of Subdivision 30T- 95016 * JHS Properties Inc-all lands within Draft Plan of Subdivision 30T-96004 * GRCA-all lands within Draft Plans of Subdivision 30T-97023 and 30T- 01206 * Reid - (legally described as Part Lot 12, Beasley's Broken Front Concession) Costs related to the above noted works shall be apportioned on the basis of the proportionate number of units within each of the land holdings to the total number of units permitted in the Zoning By-law within the specified lands. Construction costs shall be based on the actual tendered cost of the works. In order to facilitate the sharing of expenses for the works specified above, the plan of subdivision will not be released for registration until such time as the Subdivider has satisfied the City's Director of Planning that arrangements have been made between those owners set out above for the payment of their share of the costs. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 28~ 2002 - 185 - CITY OF KITCHENER 6. DTS-02-224 - PIONEER TOWER ROAD SUBDIVISION APPLICATION 30T-01206 GRAND RIVER CONSERVATION AUTHORITY FAIRVIEW-GATEWAY WARD (CONT'D) Cost sharing shall not be required if the work proceeds before the final determination of whether the works will be included in the revised Development Charge By-law. 15. That this plan may register together with or following the registration of Plan of Subdivision 30T-97023. 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 final lotting pattern for all blocks in which single detached or semi- detached lots are permitted shall be at a density not exceeding the density identified in Condition 1 of the proposed draft approval conditions. That in accordance with the results of the odour analysis and addendum report prepared by ORTECH Corporation dated July 19, 1996 and September 12, 1996 respectively, the owner agrees as follows: a) that each of the dwellings constructed on Blocks 1-4 shall be constructed with a central air conditioning system. b) that the owner shall enter into an agreement with the Regional Municipality of Waterloo to include the following clause in the Agreements of Purchase and Sale and/or Rental Agreements for Block 1-4: "Due to its proximity to the Kitchener Wastewater Treatment Plant, projected odour levels on this property may occasionally cause concern to some individuals. Moreover, this dwelling has been fitted with a central air conditioning system for the purpose of attenuating occasional odour." 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 subdivider in consultation with the affected neighbourhood associations, and approved by the Regional Commissioner of Engineering and the City of Kitchener. Prior to final approval of the plan, the subdivider 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 plan. 6. 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 DTS-02-224 - PIONEER TOWER ROAD DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 28~ 2002 - 186 - CITY OF KITCHENER SUBDIVISION APPLICATION 30T-01206 GRAND RIVER CONSERVATION AUTHORITY FAIRVIEW-GATEWAY WARD (CONT'D) 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. 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. 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 final Stormwater Management brief indicating conformance with the approved final Stormwater Management Report for the JHS lands as part of Draft Plan of Subdivision 30T-94009.1nfiltration on the subject lands must be as defined in that report (Sept/97 Paragon, Plan Feb 2/98) b) A final Grading Plan and Erosion and Siltation Control Plan for the lands on the south side of Pioneer Tower Road in accordance with the Grand River Conservation Authority's guidelines, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. c) In conjunction with the Grading Plan, regarding tree saving for any significant species along the south side of Pioneer Tower Road should be submitted. 5. CLEARANCE CONDITIONS That prior to the signing of the plan, the City's Director of Planning is to be satisfied that all pre-registration requirements in Condition 2.2 have been met. 6. DTS-02-224 - PIONEER TOWER ROAD DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 28~ 2002 - 187 - CITY OF KITCHENER SUBDIVISION APPLICATION 30T-01206 GRAND RIVER CONSERVATION AUTHORITY FAIRVIEW-GATEWAY WARD (CONT'D) That prior to the signing of the final plan by the City's Director of Planning, he shall be advised by the Regional Commissioner of Planning and Culture that Conditions 3.1 through 3.8 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 Director of Planning, he shall be advised by the Grand River Conservation Authority that Condition 4 has 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. That prior to the signing of the final plan by the City's Director of Planning, he shall be advised by the telephone company that Conditions 2.2.7 and 2.2.8 have 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 Director of Planning, he shall be advised by HYDRO that Conditions 2.2.6 and 2.2.8 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. 6. NOTES The owner/developer is advised that the provisions of the Development Charge By- laws of the City of Kitchener and the Regional Municipality adopted in accordance with the Development Charges Act, S.O. 1989 apply to this draft approval and are to be satisfied as follows: a) inquiries regarding the application of the City of Kitchener Development Charge By-law should be directed to the City of Kitchener; b) in accordance with subsection 5(2) of Regional Development Charge By- law, ONE OF THE FOLLOWING OPTIONS CAN BE UTILIZED: i) at the time of entering into a subdivision agreement with the City of Kitchener, the owner/developer may pay 100% of the "Hard Service" development charge component as calculated in accordance with section 1 of Schedule "C" of By-law 91-91, directly to the Regional Municipality of Waterloo; or ii) prior to entering into a subdivision agreement with City of Kitchener, the owner/developer may enter into an agreement with the Regional Municipality of Waterloo to defer payment of the "Hard Service" development charge component in accordance with section 2 of Schedule "C" of By-law 91-91; and c) the owner/developer is to provide the Regional Municipality of Waterloo with a copy of the proposed plan to be registered in conjunction with any payment made under b) above. In addition to the normal registered requirements, this plan must either include or be accompanied by a listing that includes metric area calculations certified by an Ontario Land Surveyor for every lot and block on the plan. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. 6. DTS-02-224 - PIONEER TOWER ROAD DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 28~ 2002 3 - 188 - CITY OF KITCHENER SUBDIVISION APPLICATION 30T-01206 GRAND RIVER CONSERVATION AUTHORITY FAIRVIEW-GATEWAY WARD (CONT'D) It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Development and Technical Services Department of any changes in ownership, agent, address and phone number. Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus 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. 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.©. 1990 Chapter P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 52 of the Ontario Water Resources Act prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of Environment and Energy for approval. The proposed 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 Environment and Energy for approval. The proposed sanitary sewage collection system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of Environment and Energy for approval. 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 to 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 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. 6. DTS-02-224 - PIONEER TOWER ROAD DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 28~ 2002 - 189 - CITY OF KITCHENER SUBDIVISION APPLICATION 30T-01206 GRAND RIVER CONSERVATION AUTHORITY FAIRVIEW-GATEWAY WARD (CONT'D) The owner/developer is to provide the Regional Municipality of waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. 10. 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, Chapter P.13, as amended by S.O. 1996, c.4 (Bill 20). 11. To ensure that a Regional Release is issued by the Regional Commissioner of Planning and Culture to the City of Kitchener prior to the year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. 12. When the survey has been completed and the final plan prepared, to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of 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 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 subdivision application is proper planning for the City." DTS-02-048 - AMENDMENTS TO FENCE BY-LAW MUNICIPAL CODE CHAPTER 630 (FENCES) The Committee considered Development and Technical Services Department report DTS-02- 048 dated October 4, 2002 dealing with a proposed by-law that would amend Chapter 630 of the Municipal Code with respect to fences. It was noted in the report that the proposed changes may reduce the number of minor variance applications required for fences on corner lots, while still maintaining intent of the by-law. The changes would increase the permitted fence height to 1.82 m (6 ft.) from 0.91 m (3 ft.) up to 1.5 m (5 ft.) from a side lot line or rear lot line abutting a street provided it was not a visibility concern. As well, some minor changes are to be made to clarify the intent of the by-law including definitions and reducing the corner visibility triangle requirement to be consistent with the zoning by-law requirements. It was also pointed out in the report that the Municipal Act does not require that any public notice be given for changes to the fence by-law; however, notice was given in The Record advising of the proposed changes. Mr. J. Willmer briefly explained the purpose of the report and advised that staff had nothing further to add. No delegations were registered with respect to this matter. 7. DTS-02-048 - AMENDMENTS TO FENCE BY-LAW DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 28~ 2002 - 190 - CITY OF KITCHENER MUNICIPAL CODE CHAPTER 630 (FENCES) (CONT'D) Committee Chair C. Weylie acknowledged letters dated October 24 and 27, 2002 received from Ilene Lemp and Glen Bender respectively commenting on the proposed by-law. Mr. J. Willmer noted that Ms. Lemp has indicated support for the proposed by-law and Mr. Bender's letter commented in greater detail as to the easing of restrictions moving in the right direction but suggesting even less restrictions for corner lots. On motion by Councillor M. Galloway - it was resolved: "That Council approve the 'Proposed By-law' dated October 2, 2002, amending Chapter 630 of the Municipal Code (Fences) as attached to Development and Technical Services Department staff report DTS-02-048." DTS-02-237 - PUBLIC NOTIFICATION FOR INSTITUTIONAL SITE PLAN APPLICATIONS AMENDMENTS TO COUNCIL POLICY 1-705 (PUBLIC PARTICIPATION IN THE PLANNING PROCESS) The Committee considered Development and Technical Services Department report DTS-02- 237 dated October 17, 2002 prepared in response to previous consideration that has taken place on the issue of notification policy for site plan development of institutional properties. It was noted in the report that as a result of discussion with Councillor B. Vrbanovic, planning staff were now recommending that notification of all site plan applications be provided, for information purposes only, to all property owners within 60 metres of an institutionally zoned property. Mr. J. Willmer briefly explained the content of the staff report and stressed that while notification was for information purposes only, there was no formal process for public involvement in the site plan process or public right of appeal though staff would make every effort to resolve any concerns that are expressed by residents. On motion by Councillor B. Vrbanovic - it was resolved: "That Council Policy 1-705 (Public Participation in the Planning Process) be amended by adding the following: 'That notice of Site Plan Applications be given, for information purposes only, to all property owners within 60 metres of an institutionally zoned property'." DTS-02-223 - DOWNTOWN OFFICE PARKING REQUIREMENTS BRIDGEPORT-CENTRE WARD & WEST-VICTORIA PARK WARD The Committee was in receipt of Development and Technical Services Department report DTS- 02-223 dated October 18, 2002 dealing with parking requirements for downtown office development. It was noted in the report that at the July 2002 City Council meeting staff were directed to re-evaluate the requirements of the zoning by-law for downtown office development and report to a future Committee meeting. The staff report reviews the current downtown requirement in comparison to the requirements for new office development outside the downtown and points out that the Iow requirements for downtown office development were implemented to attract employers to the area. Mr. J. Willmer summarized the staff report and referenced the extremely Iow parking requirement in the Downtown but noted that the requirement was not achieving its goal of attracting new private sector office buildings. He pointed out that the purpose of the report was to initiate a public process to fully review this matter. Mayor C. Zehr acknowledged that there was a delicate balance required in respect to this matter. 9. DTS-02-223 - DOWNTOWN OFFICE PARKING REQUIREMENTS DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 28~ 2002 - 191 - CITY OF KITCHENER BRIDGEPORT-CENTRE WARD & WEST-VICTORIA PARK WARD (CONT'D) On motion by Councillor G. Lorentz - it was resolved: "That Council declare its intention to amend Zoning By-law 85-1 to increase the parking requirement for Downtown office space, in both new development and conversion of existing floor space, from 1 space per 69 square metres (1.35 spaces per 1,000 square feet) to 1 space per 31 square metres (3.0 spaces per 1,000 square feet); and further, That staff be directed to initiate the public consultation procedure for a Zoning By-law amendment to increase the parking requirement for Downtown Office space." 10. DTS-02-234 - REQUEST FOR DIRECTION DEVELOPMENT OF PARKING PERMIT SYSTEM OPTIONS FOR HOSPITAL AREAS The Committee considered Development and Technical Services Department report DTS-02- 234 dated October 21, 2002 responding to an earlier request that staff consider and propose a parking permit system for Kitchener's hospital areas. The staff report reviewed parking conditions at the City's three hospitals and referenced surveys that were taken of 11 municipalities to determine what existing parking permit systems may currently be in place in those municipalities. The report summarizes parking permit systems and options as a result of this survey and recommends a permit only parking program be implemented after development of required policy and procedure in this regard. Councillor G. Lorentz commented that it was his understanding that direction had already been given to staff to implement a system that would issue 2 permits per dwelling at no charge that would allow for a three hour parking limit for either the permit holder or their guests. He asked that this approach be taken rather than the approach discussed by staff in their report. Mr. J. McBride advised that Councillor Lorentz's suggestion could be implemented at the beginning of 2003. He also indicated that a further report could be brought back at the December 2, 2002 Development and Technical Services Committee meeting outlining particulars of the program. On motion by Councillor G. Lorentz - it was resolved: "That staff be directed to develop a Residential Permit Only Parking Program allowing only the permit holder or their visitors to park on-street in hospital areas of the City in accordance with the following criteria: only 2 parking permits be issued per dwelling, said permits be free of charge, permit parking be limited to a maximum 3 hours and overnight parking be prohibited. That a follow-up report be presented at the December 2, 2002 Development & Technical Services Committee meeting illustrating streets proposed to be covered in the program, a sample parking permit and listing any other administrative details pertinent to the program to be implemented January 1,2003." 11. CRPS-02-246 ENVIRONMENTAL COMMITTEE RECOMMENDATION ANNUAL WATERLOO REGION ENVIRONMENTAL SUSTAINABILITY AWARDS PROGRAM The Committee considered an additional recommendation from the Environmental Committee contained in Corporate Services Department report CRPS-02-246 dated October 10, 2002 dealing with the Environmental Sustainability Awards Program which the Chamber of Commerce wishes to now opt out of. Councillor C. Weylie pointed out that the City of Kitchener had initiated the awards and at the request of the Chamber of Commerce had consented to the Chamber taking over the program. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 28~ 2002 - 192 - CITY OF KITCHENER 11. She questioned where the program might go from here and whether or not the City should take it CRPS-02-246 ENVIRONMENTAL COMMITTEE RECOMMENDATION ANNUAL WATERLOO REGION ENVIRONMENTAL SUSTAINABILITY AWARDS PROGRAM (CONT'D) 12. & back as a strictly Kitchener program. Councillor B. Vrbanovic commented that he favoured discussion with the Chamber to see if there was any reconsideration in this regard and indicated there may be no other alternative than to take the program back. Mr. J. Willmer also noted that there were other local municipal sponsors of the program and suggested that their level of participation and commitment should be the subject of further discussion. A brief discussion took place. On motion by Mayor C. Zehr - it was resolved: "That the Chair of the Environmental Committee convey the City of Kitchener's disappointment to the Greater Kitchener Waterloo Chamber of Commerce with respect to the Chamber's decision to discontinue its participation in the Waterloo Region Environmental Sustainability Awards (W.R.E.S.A.) Program; and, That notwithstanding the Chamber's decision, the Chamber be requested to encourage representatives of the business community to continue to be involved in the W.R.E.S.A. Program; and further, That Mr. Jeff Willmer, Director of Planning, be requested to discuss the future of the program with representatives of the Chamber, the Region of Waterloo, the City of Waterloo, the City of Cambridge, the Townships of Wilmot and Wellesley and the Grand River Conservation Authority, and report back to the Development and Technical Services Committee." DTS-02-238 - KITCHENER'S URBAN INVESTMENT STRATEGY CENTRAL NEIGHBOURHOODS RESIDENTIAL INCENTIVES PROGRAM URBAN DESIGN PROGRAM The Committee was in receipt of Development and Technical Services Department report DTS- 02-238 dated October 24, 2002 dealing with a coordinated approach to the City's 'urban investment strategy' that would be comprised of various individual financial incentive programs. It was noted in the report that as part of on going efforts toward revitalizing the central area, staff were approaching and packaging financial incentives and other redevelopment efforts as a comprehensive coordinated urban investment strategy. The overall strategy would then be comprised of various individual financial incentive programs (the existing downtown investment program and the proposed brownfield remediation, heritage tax rebate, affordable housing and central neighbourhood residential incentive programs) as well as an urban design component that addresses built form, compatability and streetscape elements. The staff report under consideration focused on the central neighbourhoods residential incentives program and the urban design program. Mr. J. Willmer introduced the staff report and pointed out that the undertaking was an excellent example of cooperative staff efforts from many functional areas of the City administration. Mr. L. Masseo and Ms. J. Voss gave powerpoint presentations on the urban investment strategy and the central neighbourhoods residential incentives program respectively. Mr. Masseo provided an overview of the investment strategy commenting on challenges, opportunities for change, urban design issues, major corridors leading to the downtown, appropriate residential infill, brownfield redevelopment opportunities, heritage resources, affordable housing, public/private partnerships, primary goals, financial incentive packages, urban design, a need for DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 28~ 2002 - 193 - CITY OF KITCHENER 12. & a coordinated approach and team work as well as marketing strategy. Ms. Voss in dealing with the central neighbourhoods residential incentive program reviewed the project conception, boundaries of the program, program components, development charge reduction as a DTS-02-238 - KITCHENER'S URBAN INVESTMENT STRATEGY CENTRAL NEIGHBOURHOODS RESIDENTIAL INCENTIVES PROGRAM URBAN DESIGN PROGRAM (CONT'D) 13. recommended financial incentive, focus on mixed use corridors and other targeted areas, various urban design exercises to analyse and identify types of uses for each mixed use corridor and design guidelines respecting public and private projects. As well, as part of a zoning review, a comprehensive review is to be completed for each mixed use corridor along with height and density being a required part of the zoning exercise. In summary it was noted that the primary objective is to develop a comprehensive incentive package to encourage high quality urban design in appropriate locations and direction was requested for approval to move forward with the development of the central neighbourhoods residential incentives program as a component of Kitchener's urban investment strategy and the public realm urban design component for mixed use corridors. It was noted that an open house was being held on November 27, 2002 at Victoria Park Pavillion to obtain input on urban design issues. In response to questions raised, Ms. J. Voss advised that the amount of the proposed reduction in the development charges has not been established and that the intent of the program was to encourage all forms of housing, not just affordable housing. Mr. Masseo commented that the project could be utilized as a strategy to deal with the issue of concentration of affordable housing within the municipality. Ms. Voss further noted that in terms of process the zoning was expected to be a one year process whereas the investment aspect of the program could be completed by March 2003. On motion by Mayor C. Zehr - it was resolved: "1) That the development of an overall coordinated 'urban investment strategy' to be comprised of various individual financial incentive programs be supported. 2) That Council supports the development of a Central Neighbourhoods Residential Incentive Program, aimed at stimulating residential development within the Mixed Use Corridors and other 'targeted' redevelopment sites, together with an urban design component, having specific directions for built form and compatibility. 3) That staff be directed to proceed with a Public Open House on November 27, 2002 to obtain public input with respect to urban design elements, including built form and streetscape enhancements, within the Mixed Use Corridors." PRESENTATION - UPDATE ON REGIONS GROWTH MANAGEMENT STRATEGY Mr. J. Willmer provided an update on the Regions Growth Management Strategy. He commented that this was the most significant exercise since the Region of Waterloo was established in 1973 and listed the numerous members of the Steering Committee. A document outling guiding principles of planning for the 21st Century was distributed. Attached to the document was a consultant work program and schedule of Waterloo Regional Growth Management Strategy Technical Studies with reports on infrastructure requirements, transportation implications and employment lands review. These reports provide for development of reports on municipal finance, financing options and planning framework that will form the basis of an implementation strategy report. Mr. Willmer referenced that a population increase from 450,000 to 700,000 was expected over the next 40 years and would be accommodated as follows: 1/3 on lands already zoned, 1/3 on greenfield lands and 1/3 by re-development and intensitication. He commented on the technical studies that were underway and the consultation/communication process as well as issues that were still to be resolved, noting that the public has not yet been engaged. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 28~ 2002 - 194 - CITY OF KITCHENER 13. 14. Mr. Willmer advised that meetings with respect to this matter have been scheduled as follows: · November 19 - Regional meeting · November 27- Regional Council PRESENTATION - UPDATE ON REGIONS GROWTH MANAGEMENT STRATEGY (CONT'D) · December 6 - Joint Regional & Area Municipal Councils Conceptual approval is targeted for March 2003 following which a decision would be made on Kitchener's west side lands. Councillor B. Vrbanovic expressed concern with the December 6th date as 5 Councillors were involved with an FCM Board meeting. It was requested that the Region give adequate advance notice of proposed meeting dates in order that as many area Councillors possible may attend meetings. Mayor C. Zehr advised that he would raise the concern expressed over the December 6th date. REGIONAL SIGN BY-LAW Mayor C. Zehr advised that Council had received a draft sign by-law sent to area municipalities for review and comment by December 15th. By general consent, it was agreed to refer this matter to the Development and Technical Services Committee for review. 15. CSD-02-227 - FULL TIME MARKET SHOP TENANT RECRUITMENT On motion by Mayor C. Zehr - it was resolved: "That Community Services Department staff report CSD-02-227 (Full Time Market Shop Tenant Recruitment) be deferred and referred to a future Community Services Committee meeting for consideration." 16. ADJOURNMENT On motion, the meeting adjourned at 8:30 p.m. L.W. Neil, AMCT Assistant City Clerk