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HomeMy WebLinkAboutDev & Tech Svcs - 2002-11-18DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 18~ 2002 CITY OF KITCHENER The Development and Technical Services Committee met this date commencing at 7:10 p.m. under Councillor C. Weylie, Chair, with the following members present: Mayor C. Zehr and Councillors G. Lorentz and J. Smola. Councillors M. Galloway and B. Vrbanovic entered the meeting after its commencement. Officials Present: Ms. L. MacDonald, Ms. D. Ross and Messrs. J. Fielding, J. Willmer, T. Boutilier, R. Browning, G. Borovilos, G. Stewart, J. McBride, J. Witmer and L.W. Neil. 1. DTS-02-256 MCBRINE DRIVE, HURON BUSINESS PARK OFFER TO PURCHASE, SITE 82B TRIEDELL GROUP LTD. SOUTH WARD The Committee was in receipt of Development and Technical Services Department report DTS-02- 256 dated November 12, 2002 dealing with the sale of Site 82b fronting on McBrine Drive in the Huron Business Park. On motion by Councillor J. Smola - it was resolved: "That consideration of an Offer to Purchase Site 82b on McBrine Drive in the Huron Business Park be referred to the November 26, 2002 Council meetinq." CRPS-02-265 - ENVIRONMENTAL COMMITTEE RECOMMENDATION - STRATEGY RE: INVESTIGATION OF PHASING OUT THE CITY'S PURCHASE OF COAL-FIRED ELECTRICITY The Committee considered Corporate Services Department report CRPS-02-265 dated November 7, 2002 pertaining to a recommendation from the November 7, 2002 meeting of the Environmental Committee respecting coal-fired electricity. On motion by Mayor C. Zehr - it was resolved: "That the investigation of phasing out the City's purchase of coal4ired electricity be referred to the comprehensive strategic planning process for Environmental Management, to be completed as part of the City's Corporate Strategic Plan." DTS-02-220 48 ONTARIO STREET NORTH MONTHLY PARKING RATE BRIDGEPORT-CENTRE WARD The Committee was in receipt of Development and Technical Services Department report DTS-02- 220 dated October 21, 2002 respecting a proposal to offer monthly parking at 48 Ontario Street North which was recently purchased from the Royal Canadian Legion, Branch 50. On motion by Councillor G. Lorentz - it was resolved: "That Transportation Planning operate monthly parking at 48 Ontario Street North (former Royal Canadian Legion, Branch 50), Monday to Saturday, at a rate of $60 per month; and further, That By-Law Number 88-169 be amended accordingly." DTS-02-226 JOHNSTON STREET - PERMANENT CLOSURE OF A PORTION OF THE ROAD BRIDGEPORT-CENTRE WARD The Committee considered Development and Technical Services Department report DTS-02-226 dated October 24, 2002 dealing with the permanent road closure of a portion of Johnston DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 187 2002 - 196 - CITY OF KITCHENER 4. DTS-02-226 JOHNSTON STREET - PERMANENT CLOSURE OF A PORTION OF THE ROAD BRIDGEPORT-CENTRE WARD (CONT'D) Street which addresses a request from the Trustees of Branch 412 of the Canadian Legion to review feasible solutions with respect to parking availability and a lack thereof for their patrons. On motion by Councillor J. Smola - it was resolved: "That the closure of Johnston Street from the northerly limit to 35m south thereof (the "Portion") be approved in principle, and that Legal Services be instructed to proceed with the ordering of a reference plan, preparation of the by-law, the necessary advertising in the local newspaper for the closing of the Portion of the aforementioned roadway and preparation of necessary easement documents; and further, That the costs to close the Portion be borne by the City subject to final approval and passage of the necessary closing by-law and if such occurs, the costs shall be reimbursed to the City by the Trustees of Polish Branch 412. Staff are instructed to negotiate and bring back to Council for consideration a long-term lease with the Trustees of Polish Branch 412 for the Portion and any necessary declaration of surplus." DTS-02-227 QUEENSTON DRIVE FROM MONTCALM DRIVE TO 45 METRES NORTH ON-STREET PARKING CHICOPEE-GRAND RIVER WARD The Committee considered Development and Technical Services Department report DTS-02-227 dated November 6, 2002 dealing with a recommendation to prohibit parking on the east side of Queenston Drive. On motion by Mayor C. Zehr - it was resolved: "That parking be prohibited on the east side of Queenston Drive from Montcalm Drive to a point 45 metres north thereof; and further, That the Uniform Traffic By-law be amended accordingly." DTS-02-247 ACTIVA AVENUE FROM WILDERNESS DR / BUSH CLOVER CR. TO DAVID BERGEY DR. ON-STREET PARKING SOUTH WARD The Committee considered Development and Technical Services Department report DTS-02-247 dated November 4, 2002 dealing with prohibition of on-street parking on the east side of Activa Avenue. On motion by Councillor G. Lorentz - it was resolved: "That parking be prohibited anytime on the east side of Activa Avenue between Wilderness Drive/Bush Clover Crescent and David Bergey Drive; and further, That the Uniform Traffic By-law be amended accordingly." DTS-02-248 LAURENTIAN DRIVE AT DUNSMERE DRIVE TRAFFIC CONTROL - ALL-WAY STOP SOUTH WARD The Committee was in receipt of Development and Technical Services Department report DTS-02- 248 dated November 4, 2002 addressing traffic control conditions on Laurentian Drive at DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 187 2002 - 197 - CITY OF KITCHENER 7. DTS-02-248 LAURENTIAN DRIVE AT DUNSMERE DRIVE TRAFFIC CONTROL - ALL-WAY STOP SOUTH WARD (CONT'D) Dunsmere Drive and recommending that an all-way stop control not be installed. On motion by Councillor J. Smola - it was resolved: "That an all-way stop control not be installed at the intersection of Laurentian Drive/Dunsmere Drive." DTS-02-249 RIVERBEND DRIVE FROM SHIRLEY AVENUE TO 350 METRES WEST OF GUELPH STREET ON-STREET PARKING BRIDGEPORT-CENTRE WARD The Committee considered Development and Technical Services Department report DTS-02-249 dated November 5, 2002 dealing with prohibition of on-street parking on Riverbend Drive. On motion by Mayor C. Zehr - it was resolved: "That parking be prohibited at any time on both sides of Riverbend Drive from Shirley Avenue to a point 350 metres west of Guelph Street; and further, That the Uniform Traffic By-law be amended accordingly." DTS-02-232 250 WOOLWICH STREET ZONE CHANGE APPLICATION ZC 02/28/W/BS DEMOLITION CONTROL APPLICATION DC 02/10/W/BS JOSEPH & INGRID PETER BRIDGEPORT-CENTRE WARD The Committee was advised that a zone change application and a demolition control application has been received from J. & I. Peter respecting the property known municipally as 250 Woolwich Street. The subject property which is located east of Woolwich Street and west of the Grand River contains a single detached dwelling and currently has no frontage on a public street; however, there is driveway access to the property over the adjacent property. The applicant proposes to add a special regulation provision to the existing agricultural zone (A-l) to permit a lot that does not abut a street recognizing that access to the property is via a registered right-of-way over adjacent property to the north and out to Woolwich Street. Also, the applicant requests approval to demolish the existing single detached dwelling and replace it with a new single detached dwelling. In this regard, the Committee considered Development and Technical Services Department report DTS-02-232 dated October 15, 2002 and a proposed by-law dated October 11, 2002 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. J. Willmer briefly summarized the purpose of the application and advised that staff had nothing further to add. Mr. J. Michael Deane, Casselli Levesque &Deane, Barristers, attended on behalf of the applicants to indicate support of the staff report and recommendation therein. No other delegations were registered respecting this matter. 9. DTS-02-232 250 WOOLWICH STREET DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 187 2002 - 198 - CITY OF KITCHENER ZONE CHANGE APPLICATION ZC 02/28/W/BS DEMOLITION CONTROL APPLICATION DC 02/10/W/BS JOSEPH & INGRID PETER BRIDGEPORT-CENTRE WARD (CONT'D) On motion by Councillor J. Smola - it was resolved: That Zone Change Application ZC 02/28AN/BS (250 Woolwich Street - J. & I. Peter) requesting a change in zoning from Agricultural Zone (A-l) and Agricultural Zone (A-l) with Special Regulation Provision 1R to Agricultural Zone (A-l) with Special Regulation Provision 393R and Agricultural Zone (A-l) with Special Regulation Provisions 1R and 393R on lands legally described as Part of Lots 124 and 125, German Company Tract and municipally known as 250 Woolwich Street, in the City of Kitchener, be approved, in the form shown in the "Proposed By-law", dated October 11th, 2002 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City. That Demolition Control Application, DC 02/10AN/BS (J. & I. Peter), requesting approval for the demolition of one single detached dwelling on lands legally described as Part of Lots 124 and 125, German Company Tract and municipally known as 250 Woolwich Street, in the City of Kitchener, be approved, subject to the following condition: That the location of the intended new dwelling be coordinated with any future draft plan of subdivision being considered for these and the adjacent lands in order to provided continuity of future lotting and road patterns. It is the opinion of this Committee that approval of this application is proper planning for the City." 10. DTS-02-231 317 MILL STREET ZONE CHANGE APPLICATION ZC 021221MIDR SUBDIVISION APPLICATION 30T-02204 CONDOMINIUM APPLICATION 30 CDM-02203 EDMUND FARRAGE FOREST-ROCKWAY WARD The Committee was advised that a zone change application, subdivision application and condominium application had been received from Edmund Farrage with respect to the property known municipally as 317 Mill Street. It was noted in the report that the plan of subdivision proposes creation of 17 individually owned lots to be developed with townhouse units that front onto a private road and that the plan of condominium provides for the lots to be linked to the 'common elements' condominium (private road) as parcels of tied lands. Also, the proposed rezoning provides for the proposed street townhouses to front onto a private road, a reduction in lot width and a reduction of side yard requirements through a special regulation. In this regard, the Committee considered Development and Technical Services Department report DTS-02-231 dated October 15, 2002 and a proposed by-law dated October 9, 2002 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Ms. D. Ross briefly explained the purpose of the applications which will allow for the creation of 17 individually owned lots fronting on a private road. She noted that concerns had been raised with respect to traffic volume and safety issues relative to Mill Street; however, it was the view of traffic staff that the development would have no impact on traffic operations of Mill Street. 10. DTS-02-231 317 MILL STREET DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 187 2002 - 199 - CITY OF KITCHENER ZONE CHANGE APPLICATION ZC 021221MIDR SUBDIVISION APPLICATION 30T-02204 CONDOMINIUM APPLICATION 30 CDM-02203 EDMUND FARRAGE FOREST-ROCKWAY WARD (CONT'D) Mr. Neil Bindernagel attended to express opposition to the applications because of the development's traffic impact on Mill Street. He questioned why access to the development could not be directed to the Borden Parkway which would provide a safer outlet to Mill Street and avoid left turn movements from the development onto Mill Street which were a problem given the curve of Mill Street at Heiman Street. Councillor C. Weylie questioned if traffic from the development could be directed to the Borden Parkway and Ms. D. Ross advised that the property had already received site plan approval. Mr. J. McBride commented on a traffic review of the development and noted that it was expected to generate approximately 100 vehicle movements per day. He also pointed out that there were adequate site lines at the Mill Street access and that traffic volumes on Mill Street were reasonable. He did point out that there was a history of collisions closer to Heiman Street and that it has been proposed to install a Iow raised centre median on Mill Street to reduce vehicular speed through the curve. Councillor G. Lorentz acknowledged speed was a concern on Mill Street and that requests could be made to Waterloo Regional Police to carry out additional enforcement. He favoured the proposed median given the positive results of a median that has slowed vehicle speeds on Stirling Avenue where it curves at its intersection with Pleasant Avenue. Mr. N. Bindernagel questioned why a culvert couldn't be installed over the creek to the rear of the property to allow access to the Borden Parkway and Councillor Lorentz responded that such installation wasn't requested as part of the development and that traffic analysis illustrates there was no problem on Mill Street except that of vehicular speed. No other delegations were registered respecting this matter. On motion by Councillor G. Lorentz - it was resolved: That Zone Change Application ZC 02/22/M/DR (317 Mill Street - Edmund Farrage) for the purpose of changing the zoning from Residential Seven Zone (R-7) with Special Regulation Provisions 1R and 117R to Residential Seven Zone (R-7) with Special Regulation Special Regulations 1R, 117R and 385R on lands legally described as Part of Lots 45, 46 and 47, Registered Plan of Subdivision of Lot 18, German Company Tract, City of Kitchener, be approved in the form shown in the "Proposed By-law", dated October 9, 2002 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 2002-164, grant draft approval to Plan of Subdivision Application 30T-02204 (317 Mill Street), in the City of Kitchener, for Edmund Farrage, subject to the following conditions: That this approval applies to Plan of Subdivision 30T-02204 as shown on the plan prepared by Planning & Engineering Initiatives Ltd., last revised July 11, 2002 as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated October 10, 2002, which shows the following: 10. DTS-02-231 Block 1 Block 2 Block 3 Block 4 317 MILL STREET - Multiple Residential (4 townhouses) - Multiple Residential (5 townhouses) - Multiple Residential (8 townhouses) - Driveway DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 187 2002 - 200 - CITY OF KITCHENER ZONE CHANGE APPLICATION ZC 021221MIDR SUBDIVISION APPLICATION 30T-02204 CONDOMINIUM APPLICATION 30 CDM-02203 EDMUND FARRAGE FOREST-ROCKWAY WARD (CONT'D) 2. CITY OF KITCHENER CONDITIONS: 2.1 That the Subdivider shall enter into a Standard City Residential Subdivision Agreement which shall include PART 1, PART 5 and PART 6 as approved by City Council, respecting those lands shown outlined on the attached Plan of Subdivision prepared by the City of Kitchener, dated October 10, 2002, which shall contain the following special condition: Section 6 Other Time Frames 6.10 That the Subdivider irrevocably direct its solicitors and surveyors to register Plan of Condominium 30CDM-02203 immediately after the registration of Plan of Subdivision 30T-02204 and prior to any interest in any lot created by the plan of subdivision being conveyed or the subject of a charge to third parties. Any conveyance or charge/mortgage of any interest therein made after the registration (other than may have existed prior to the registration of the Plan of Subdivision) of the Plan of Subdivision 30T-02204 and prior to the registration of Plan of Condominium 30CDM-02203 is null and void and of no effect. Anyone who purports to acquire any interest in any one or more of the said lots after the registration of Plan of Subdivision 30T-02204 and prior to the registration of Plan of Condominium 30CDM-02203 is bound as successor in title to the Subdivider to convey, free and clear of encumbrance, the same to the City of Kitchener or to a person including the Subdivider as directed in writing by the City of Kitchener. 6.11 That the subdivider agrees to provide for the maintenance, inspection, repair and replacement of the Oil and Grit Separator Unit and its appurtenances, that is required for this development, in perpetuity or as long as the City of Kitchener deems necessary. This obligation and duty exists even though the said OGS is on lands owned by the City of Kitchener as the unit is required to provide storm water management and control for Plan of Subdivision 30T- 02204. 2.2. That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions: 1. The City Standard Residential Subdivision Agreement be registered on title. The final plan for registration shall show all lots intended for development as residential dwellings and a City Standard Supplementary Residential Subdivision Agreement showing such lotting shall be registered prior to registration of the plan. That the Plan of Subdivision not be released for registration until such time as all of the conditions of draft approval of Plan of Condominium 30CDM- 02203 have been met to the satisfaction of the Director of Planning. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Director of Planning and shall obtain approval therefrom. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. 10. DTS-02-231 317 MILL STREET DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 187 2002 - 201 - CITY OF KITCHENER ZONE CHANGE APPLICATION ZC 021221MIDR SUBDIVISION APPLICATION 30T-02204 CONDOMINIUM APPLICATION 30 CDM-02203 EDMUND FARRAGE FOREST-ROCKWAY WARD (CONT'D) The SUBDIVIDER shall make satisfactory arrangements with Kitchener Wilmot 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. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telephone services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. The SUBDIVIDER shall make arrangements for the easements required for utilities and municipal services. agrees to comply with the following easement procedure: granting of any The SUBDIVIDER (a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to HYDRO, and telephone companies and the City, to the CITY'S 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 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 Director of Planning or, in the case of parkland, the CITY'S General Manager of Community Services; and (e) to provide to the CITY'S Director of Planning, a clearance letter from each of HYDRO and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. The SUBDIVIDER shall erect and maintain a standard City notice sign to the satisfaction of the City's Director of Planning. 10. 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(s), have been satisfied. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS 10. DTS-02-231 That the Subdivider satisfy the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning Housing and 317 MILL STREET ZONE CHANGE APPLICATION ZC 021221MIDR DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 187 2002 - 202 - CITY OF KITCHENER SUBDIVISION APPLICATION 30T-02204 CONDOMINIUM APPLICATION 30 CDM-02203 EDMUND FARRAGE FOREST-ROCKWAY WARD (CONT'D) Community Services: That the owner prepare a Noise Study to indicate to the Regional Municipality of Waterloo, methods to be used to abate traffic noise levels for Mill Street and if necessary, shall enter into a subdivision agreement with the City of Kitchener to provide for the implementation of the approved noise study attenuation measures prior to final approval of the plan. 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 Municipality of Waterloo prior to final approval of the subdivision plan. 4. CLEARANCE CONDITIONS FOR 30T-02204 That prior to the signing of the final subdivision plan by the City's Director of Planning, the Director shall be advised by the telephone companies 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 conditions have been satisfied. That prior to the signing of the final subdivision plan by the Director of Planning, the Director shall be advised by Kitchener Wilmot 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 conditions have been satisfied. That prior to the signing of the final subdivision plan by the Director of Planning, the Director shall be advised by Regional Municipality of Waterloo Conditions 3.1 and 3.2 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions have been satisfied. It is the opinion of this Committee that approval of this application is proper planning for the City. That the City of Kitchener pursuant to Section 51(31) of the Planning Act R.S.O. 1990, Chapter P. 13 as amended, and delegation by-law 2002-164, grant draft approval to Plan of Condominium Application 30CDM-02203 (317 Mill Street), in the City of Kitchener for Edmund Farrage, subject to the following Conditions: That this approval applies to Draft Plan of Condominium 30CDM-02203 for Edmund Farrage, prepared by Planning and Engineering Initiatives Limited, last revised July 11, 2002 as shown on the attached Plan of Condominium prepared by the City of Kitchener dated June 10, 2002, that shows a driveway (Block 1 ). That the final plan shall be prepared in accordance with the above noted plan, with a copy of the final plan being approved by the City's Director of Planning. That the owner submit a draft Condominium Declaration for approval by the City's Director of Planning containing but not limited to the following provisions: 10. DTS-02-231 i) That the parking and storage of derelict vehicles and recreation vehicles on the subject lands is prohibited. 317 MILL STREET ZONE CHANGE APPLICATION ZC 021221MIDR DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 187 2002 - 203 - CITY OF KITCHENER SUBDIVISION APPLICATION 30T-02204 CONDOMINIUM APPLICATION 30 CDM-02203 EDMUND FARRAGE FOREST-ROCKWAY WARD (CONT'D) ii) That public and private sidewalks, driveways and parking areas be maintained in a snow free condition and void of any obstructions 12 months of the year. Snow shall not be piled on City lands to the rear of the site and City lands shall not be impacted from runoff from the snow removal. iii) That a private contractor will pick up and dispose of garbage refuse from the designated refuse area. iv) That a private contractor will inspect and maintain the Oil and Grit Separator unit (OGS), as required. v) That the Owner agrees to maintain the subject lands in compliance with the site plan approved by the City's Manager of Design and Development, for the life of the development on the subject lands. vi) That access rights will be maintained for Kitchener-Wilmot Hydro. That the surveyors for the Owner shall advise the City's Director of Planning, in writing, that the required description and other plans to be registered by the Owner in order to achieve registration of the common elements condominium have been unconditionally approved as to form and content by the Registry Office. That the solicitors for the Owner shall advise the City's Director of Planning, in writing, that the proposed condominium declaration has been unconditionally approved as to form and content by the Registry Office. That the Solicitors for the Owner advise the City's Director of Planning that the declaration has been executed on behalf of the Owner and that all of the schedules to the proposed condominium declaration have been signed by the requisite signatories including the Owner, the project surveyor, the project solicitor and the project engineer and/or architect and all mortgagees. That the Owner submit a draft of the executed declaration, with the provisions as required in condition 3 hereof, for approval by the City's Director of Planning. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes, utility accounts, and/or local improvement charges. i) To complete any outstanding site development work required by the Section 41 Development Agreement registered as Instrument Number 1537059 or, to submit to the City of Kitchener a Letter of Credit to cover any remaining cost of all outstanding development works not provided for by the Letter of Credit already deposited with the City, as required under the Section 41 Development Agreement. The Letter of Credit required for the plan of condominium registration and the Letter of Credit required by the Section 41 Development Agreement shall cover 100 percent of the cost of all outstanding development works. 10. DTS-02-231 ii) The Letters of Credit shall be kept in force until the completion of the required site development works in conformity with their approved designs. If either, or both, Letters of Credit are about to expire without renewal thereof and the works have not been completed in conformity with their 317 MILL STREET ZONE CHANGE APPLICATION ZC 021221MIDR DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 187 2002 - 204 - CITY OF KITCHENER SUBDIVISION APPLICATION 30T-02204 CONDOMINIUM APPLICATION 30 CDM-02203 EDMUND FARRAGE FOREST-ROCKWAY WARD (CONT'D) approved designs, the City may draw all of the funds so secured and hold them as security to guarantee completion, unless the City Solicitor is provided with a renewal of the Letters of Credit forthwith. iii) In the event that the Owner fails to complete, to the satisfaction of the City's Director of Planning, the required site development works in conformity with the approved design, then it is agreed by the Owner that the City, its employees, agents or contractors may enter on the lands and so complete the required site development works to the extent of the monies received under the Letters of Credit. The cost of completion of such works shall be deducted from the monies obtained from the Letters of Credit. In the event that there are required site development works remaining to be completed, the City may by by-law exercise its authority under Section 326 of the Municipal Act to have such works completed and to recover the expense incurred in doing so in like manner as municipal taxes. iv) Other forms of performance security may be substituted for Letters of Credit, at the request of the Owner, provided that approval is obtained from the City Treasurer and City Solicitor. 10. 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 plan, have been satisfied. 11. a) The owner agrees to enter into a maintenance agreement with a private contractor to provide for the inspection and maintenance of the Oil and Grit Separator Unit (OGS) referred to in Condition 3 iv), prior to the issuance of Occupancy Permits or Registration of the Plan of Condominium, whichever comes first. Further the owner agrees to ensure that the stormwater management report and drawings are provided to the Condominium Corporation. b) The owner agrees to include specific wording in the condominium declaration that the corporation must maintain, inspect, repair and replace the OGS unit despite that fact that the OGS is on lands that lie outside the condominium plan. In this regard, the Corporation will strictly abide by all written requirements of the City of Kitchener with respect to maintenance, repair, inspection and replacement of the OGS unit at the cost and expense of the Condominium. The Corporation shall contract a contractor to have the OGS inspected and maintained as required by the City of Kitchener. 4. NOTES Development Charges The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality are applicable. 10. DTS-02-231 Registry Act The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. The condominium plan for registration must be in conformity with Ontario Regulation 43/96 as amended, under the Registry Act. 317 MILL STREET ZONE CHANGE APPLICATION ZC 021221MIDR DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 187 2002 - 205 - CITY OF KITCHENER SUBDIVISION APPLICATION 30T-02204 CONDOMINIUM APPLICATION 30 CDM-02203 EDMUND FARRAGE FOREST-ROCKWAY WARD (CONT'D) Updated Information It is the responsibility of the owner of the lands subject to this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Department of Development and Technical Services of any changes in ownership, agent, address and phone number. Fees The owner/developer is advised that the City of Kitchener and the Regional Municipality of Waterloo have adopted by-laws, 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. Planning Act Applicability This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). Registration Release To ensure that a Regional Release is issued by the Regional Commissioner of Planning and Culture to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. Final Plans - Subdivision When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the signature of the Director of Planning 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 10. DTS-02-231 Final Plans - Condominium 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 signature of the Director of Planning will be endorsed on the plan 317 MILL STREET ZONE CHANGE APPLICATION ZC 021221MIDR DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 187 2002 - 206 - CITY OF KITCHENER SUBDIVISION APPLICATION 30T-02204 CONDOMINIUM APPLICATION 30 CDM-02203 EDMUND FARRAGE FOREST-ROCKWAY WARD (CONT'D) 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 Six (6) mylar copies Six (6) white paper prints One (1) J-1 Form It is the opinion of this Committee that approval of this application is proper planning for the City." Councillor M. Galloway entered the meeting at this point. 11. DTS-02-213 PROHIBITION OF PRIVATE WELLS ZONE CHANGE APPLICATION ZC 02/29/TC/TB CITY INITIATED - CITY WIDE The Committee was advised of a City initiated zone change application dealing with prohibition of private wells within the City. The purpose of the rezoning is to protect and maintain the community's supply of high quality ground water and discourage the installation of new wells where municipal water supply is readily available. In this regard, the Committee considered Development and Technical Services Department report DTS-02-213 dated November 7, 2002 and a proposed by-law dated October 19, 2002 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. T. Boutilier summarized the purpose of the application and advised that the undertaking was a joint effort with the Region of Waterloo and in this regard, Mr. Eric Hodgins, Manager of Water Supply, Region of Waterloo, was in attendance. Mr. Hodgins advised that the Region was encouraging the other area municipalities to adopt similar measures as proposed in this zone change application and that the by-law only applies to properties with municipal water service available to them. Councillor B. Vrbanovic entered the meeting at this point. Councillor G. Lorentz expressed concern as to how the by-law would impact Rockway Golf Course operations if surface water was not available and there was a need to drill for water. He also questioned why an exemption process could not be incorporated into the by-law and commented that there were advantages to the manufacturing sector being able to draw on non-potable water. In response to further comment from Councillor Lorentz, Mr. Hodgins pointed out that from the Region's perspective, the by-law helps to implement the Region's ground water management strategy and the wellhead protection strategy. Further discussion took place touching on issues of private property rights being negatively impacted, public health and community benefit, by-law exemptions, possible water supply contamination from cross connections, readily available water service, safe drilling practices, and why there was a necessity to prohibit drilling if an owner could secure the wellhead. Several Councillors favoured deferral of this matter requesting that more information be obtained. 11. DTS-02-213 PROHIBITION OF PRIVATE WELLS ZONE CHANGE APPLICATION ZC 02/29/TC/TB DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 187 2002 - 207 - CITY OF KITCHENER CITY INITIATED - CITY WIDE (CONT'D) On motion by Councillor B. Vrbanovic - it was resolved: "That consideration of Development and Technical Services Department report DTS-02- 213 (Prohibition of Private Wells) dealing with Zone Change Application ZC 02/29/TC/TB (Private Wells - City of Kitchener), to add a new regulation to Section 5 General Regulations applying to all lands within the City of Kitchener, be deferred and referred to the January 6, 2003 Development and Technical Services Committee meeting; and further, That staff be instructed to provide more technical information on safe drilling practices and wellhead protection measures to facilitate further discussion of all options that would protect the water supply but having regard to the rights of private property owners." 12. MEMO DOWNTOWN ADVISORY COMMITTEE RECOMMENDATION WATER TOWER, 100 ST. GEORGE STREET PRESERVATION OF INDUSTRIAL / HERITAGE ARTIFACTS WEST-VICTORIA PARK WARD 13. 13. The Committee was in receipt of a memorandum dated November 13, 2002 from M. Hodgins advising that at the October 10, 2002 meeting of the Downtown Advisory Committee, the following resolution was passed: "That in keeping with the Downtown Strategic Plan recognition of the importance of the preservation of industrial/heritage artifacts as a legacy of our rich past, that City Council be requested to support the preservation of the historic water tower built by the City in the 1920's at 100 St. George Street as an icon of this period. And further, that this resolution be forwarded to the Council of the Regional Municipality of Waterloo, current owners of this prominent landmark." Ms. S. Gunz appeared in support of the resolution and pointed out that it was in keeping with the objectives of the Downtown Strategic Plan. She also noted that it had been intended to seek a response from the City's Arts and Culture Advisory Committee to the resolution. Councillor C. Weylie advised that she had investigated the water tower issue and had been advised that it would be 3-5 years before it would not be used by the Region and consequently there was not an urgency to deal with the matter as had originally been thought. Mayor C. Zehr commented that more information was needed on just how long the Region planned to use the water tower and what costs would be to preserve it. Councillor J. Smola also commented that while initially the matter appeared to be urgent, there was now sufficient time to fully consider the issue raised by the Downtown Advisory Committee and Mayor C. Zehr agreed to obtain more information from the Region respecting the entire matter. DTS-02-236 QUEEN STREET AT MARGARET AVENUE TRAFFIC CONTROL BRIDGEPORT-CENTRE WARD The Committee considered Development and Technical Services Department report DTS-02-236 dated November 6, 2002 dealing with traffic control on Queen Street North at the Margaret Avenue intersection. The report discusses various options to address traffic and pedestrian concerns at the intersection and points out that while an all-way stop is warranted, serious constraints preclude its installation. It was noted that the intersection can continue to function with its present form of traffic control although there will be on going congestion and delay experienced by both pedestrian and vehicular traffic. It was suggested that if Council wished to provide for a more positive form of traffic control then full intersection control signals be the selected option. DTS-02-236 QUEEN STREET AT MARGARET AVENUE TRAFFIC CONTROL BRIDGEPORT-CENTRE WARD (CONT'D) DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 187 2002 - 208 - CITY OF KITCHENER 14. 14. Mr. J. McBride commented on the report noting that staff had also looked at the impacts of a possible connection of Margaret Avenue to Frederick Street and the costs in that regard. He referred the Committee to the options in the report and advised that staff were requesting direction from the Committee. Mr. Johannes Weltner attended to advise that the neighbourhood association supports traffic control signals as the best solution to existing pedestrian and vehicular concerns. Councillor J. Smola commented that he had requested that an extension of Margaret Avenue to Frederick Street be considered in order to obtain the costs of that option but that in his view the only solution was the installation of full intersection control signals. On motion by Councillor J. Smola - it was resolved: "That the following recommendation contained in Development and Technical Services Department report DTS-02-236 (Traffic Control - Queen Street at Margaret Avenue) be referred to the 2003 Capital budget discussion for consideration: 1) That if Council provides direction to install a more positive form of traffic control at the intersection of Queen Street and Margaret Avenue, that full intersection control signals be the selected option. 2) That, should direction be given to install signals, Council approve an over expenditure of $85,000, plus annual maintenance costs of $3,500. 3) That the Uniform Traffic By-law be amended accordingly." DTS-02-251 WIN WIN AFFORDABLE HOUSING PILOT PROGRAM The Committee considered Development and Technical Services Department report DTS-02-251 dated November 6, 2002 discussing the Win Win Affordable Housing Pilot Program which is a concept where homeowners would receive financial assistance to complete renovations required to provide affordable accommodation in their owner occupied homes. It was indicated in the report that the expectation was that a separate unit would be created in a home and each unit would have 2 or 3 tenants who would have separate rooms but would share a common bath and kitchen. As well, it was pointed out that it was the intent of the Steering Committee to make a submission to the Region of Waterloo as an expression of interest process for affordable housing partnership projects to obtain money to assist homeowners in renovating their homes to create the units. Ms. D. Ross briefly explained the purpose of the report. Messrs. Joe Mansini and Julio Romero were in attendance in support of the recommendation in the staff report. Mr. Mansini commented on the makeup of the Steering Committee and made a detailed presentation on the concept of the project which was targeted at the 3 Citys at this time with an intent to expand the project to the Townships. Councillor G. Lorentz raised a concern relating to accommodating parking from any tenants and Mr. Mansini advised that the Steering Committee had not had a discussion in this regard. Ms. Ross commented that typically the type of tenant attracted to such a unit would not have an automobile and Mr. J. Willmer commented that there were no other zoning issues relating to the proposal. Mayor C. Zehr expressed concern on the issue of permanent funding of the project and Mr. Mansini commented that it would have to be addressed in terms of the Regions commitment to affordable housing. DTS-02-251 WIN WIN AFFORDABLE HOUSING PILOT PROGRAM (CONT'D) On motion by Councillor G. Lorentz - it was resolved: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 187 2002 - 209 - CITY OF KITCHENER "That the Win Win Affordable Housing Pilot Program be supported in principle." 15. DTS-02-244 FINAL INSPECTION / GRADING DEPOSIT AMOUNTS The Committee was in receipt of Development and Technical Services Department report DTS-02- 244 dated October 30, 2002 dealing with final inspection / grading deposit amounts and completion of final inspections to close out building permit files. The report discusses obligations of the owner / permit holder to notify the City upon completion of work and when occupancy of an unfinished building is permitted. In this regard, City building officials have been working with the building industry to identify and complete required final inspections on projects. Mr. J. Witmer commented on the significant problem caused by unresolved final inspections and referred to and described consultation that has taken place with the building industry on this matter. The building industry has acknowledged that a problem still exists notwithstanding the efforts that have been made and that a deposit program maybe the means to resolve this outstanding issue. Mr. Witmer indicated that staff would continue to consult with the building industry on this matter. On motion by Councillor G. Lorentz - it was resolved: "That the following final inspection/grading deposit amounts for construction projects in the City of Kitchener be approved; For new construction of single family, duplex, semi-detached, townhouse and triplex dwelling units, $500/permit, For new construction and additions to multi-residential, commercial, industrial and institutional projects, $2000/permit, For additions/alterations to of single family, duplex, semi-detached, townhouse and triplex dwelling units, $250/permit, For alterations/interior finish permits to multi-residential, commercial, industrial and institutional projects, $1000/permit; and, That all final inspections must be completed and passed within one year of receiving occupancy; and, That should the building permit file not be closed, the deposit will be forfeited and the monies applied to compensate administration and inspection staff in their efforts to close the file; and further, That the effective date for the implementation of the final inspection/grading deposit be January 1,2003." 16. DTS-02-219 REQUEST FOR DIRECTION RE: PERMANENT SPEED ADVISORY SIGNS The Committee considered Development and Technical Services Department report DTS-02-219 dated November 12, 2002 in which it was recommended that permanent speed advisory signs not be persued at this time. It was noted in the report that staff had been requested by Councillor M. Galloway to investigate the feasibility of utilizing permanent speed advisory signs in the City and the report discusses the merits of permanent signs as compared to portable speed advisory signs that the City currently has. On motion by Councillor G. Lorentz - it was resolved: 17. "That Permanent Speed Advisory Signs not be pursued at this time." DTS-02-255 ST. LEGER STREET INDUSTRIAL AREA - LAND USE STRATEGY The Committee was in receipt of Development and Technical Services Department report DTS-02- 255 dated November 12, 2002 discussing land use strategy for the St. Leger Street industrial area. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 187 2002 - 210 - CITY OF KITCHENER Lands west of St. Leger Street and north of Louisa Street were addressed wherein it was noted that it was timely to remove industrial zoning and put zoning in place which more accurately reflects the land use objectives of the municipal plan. The report then refers to lands on the east side of St. Leger Street which are designated and zoned as industrial but bounded by residential use on three sides. However, if lands on the west side develop, this industrial area would become an isolated pocket of industrial land surrounded on all sides by residential use. It was noted that if these lands are to be redesignated and rezoned for non industrial use, all existing land uses would retain legal non-conforming status. Mr. J. Willmer provided a summary of the intent of the report and an explanation of the staff recommendation. On motion by Councillor J. Smola - it was resolved: "That Council acknowledge that Development & Technical Services staff are initiating a rezoning of the remaining industrial lands fronting the north side of Louisa Street and the west side of St. Leger Street; and further, That Development & Technical Services Department staff be directed to initiate a planning exercise to consider residential re-use of the industrial lands within the block bounded by St. Leger Street, Louisa Street, Edwin Street and Blucher Street." 18. DTS-02-257 'I'VVO WAY RADIO ALARM MONITORING EQUIPMENT FOR DIRECT DETECT IN-HOME FIRE MONITORING SYSTEM 18. Fire Chief R. Browning circulated Development and Technical Services Department report DTS- 02-257 dated November 18, 2002. The report deals with two way radio alarm monitoring equipment for direct detect in-home fire monitoring system and discusses the technology that has been developed in respect to long range radio frequency data communications that would allow for the direct detect program to move to a wireless and towerless monitoring system. Mr. Browning made a brief presentation in support of the request that would see the direct detect monitoring service keep pace with changing technology by moving into the field of wireless and towerless technology. On motion by Councillor M. Galloway - it was resolved: "That the Mayor and Clerk be authorized to sign an agreement, satisfactory to the City Solicitor, with AES IntelliNet (AES Corporation) regarding the purchase of its wireless and towerless alarm monitoring hardware and use of its software as set out in Development and Technical Services Department report DTS-02-257 dated November 18th, 2002; and, That staff be authorized to procure for the City the goods and services of AES IntelliNet for the purpose of providing a networked long-range radio frequency data communications system which meets and exceeds the requirements of UL-AA, ULC and NFPA 72 for life safety communications for the Kitchener Fire Department and the delivery of the Direct Detect fire detection system and hereby waives the requirement under Chapter 170 of the City of Kitchener Municipal Code to call for expressions of interest; and, That the cost of the primary and secondary central alarm monitoring stations not exceed $35,000.00 including all taxes and these funds be drawn from Account 412057-1580; and further, That the cost of the premise hardware defined in the agreement with AES be recovered through purchase, rental or annual fees from the end users." DTS-02-257 TVVO WAY RADIO ALARM MONITORING EQUIPMENT FOR DIRECT DETECT IN-HOME FIRE MONITORING SYSTEM (CONT'D) The Committee agreed to refer the recommendation respecting this matter for ratification at a Special Council meeting which will reconvene at the conclusion of the Development and Technical DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 187 2002 Services Committee meeting. 19. ADJOURNMENT On motion, the meeting adjourned at 8:28 p.m. -211 - CITY OF KITCHENER L.W. Neil, AMCT Assistant City Clerk