HomeMy WebLinkAboutDev & Tech Svcs - 2003-06-09DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE gl 2003
CITY OF KITCHENER
The Development and Technical Services Committee met this date commencing at 7:15 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. Councillor J. Gazzola entered the meeting shortly
after its commencement.
Officials Present: Ms. L. MacDonald and Messrs. J. Fielding, J. Willmer, R. Shamess, J. Witmer, J.
McBride, L. Lynch and L.W. Neil.
DTS-03-093 - ROSS AVENUE - ON- STREET PARKING
CHICOPEE - GRAND RIVER WARD
The Committee was in receipt of Development and Technical Services Department report DTS-
03-093 dated May 23, 2003 dealing with the parking situation on Ross Avenue which has
changed dramatically since the closure of King Street East.
On motion by Councillor M. Galloway -
it was resolved:
"That parking be permitted for a period of three (3) consecutive hours on the east side of
Ross Avenue between Weber Street East and its southerly limit; and further,
That the Uniform Traffic By-law be amended accordingly."
DTS-03-097 - JACKSON AVENUE - ON-STREET PARKING
BRIDGEPORT - CENTRE WARD
The Committee considered Development and Technical Services Department report DTS-03-
097 dated May 21,2003 dealing with parking on Jackson Avenue and recommending prohibition
on the west side of the street.
On motion by Councillor M. Galloway -
it was resolved:
"That parking be prohibited at anytime on the west side of Jackson Avenue from King Street
to a point 65m north of King Street; and further,
That the Uniform Traffic By-law be amended accordingly."
3. DTS-03-098 -
STRASBURG ROAD AT FOREST GLEN PLAZA
PROPOSED TRAFFIC SIGNALS
FOREST - ROCKWAY WARD
The Committee was in receipt of Development and Technical Services Department report DTS-
03-098 dated May 26, 2003 dealing with a proposal received from Grand River Transit to
construct a Transit Transfer Terminal in 2003 on lands of the Forest Glen Plaza at 700
Strasburg Road. In conjunction with the development of the new terminal, GRT is also
proposing installation of new traffic signals at the intersection of Strasburg Road and the main
access to the plaza in order to allow for safe and timely ingress and egress of transit vehicles.
On motion by Councillor M. Galloway -
it was resolved:
"That the Region of Waterloo be advised Kitchener endorses the installation of traffic signals
on Strasburg Road at the Forest Glen Plaza."
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4. DTS-03-057 - 2001 & 2002 ANNUAL REPORT RE: DELEGATED APPROVAL
AUTHORITY
The Committee was in receipt of Development and Technical Services Department report DTS-
03-057 dated May 29, 2003 dealing with the requirement under the Regional By-law #97-061
that the City provide the Region with an annual statistical report on the number and status of
plans of subdivision, plans of condominium and part lot control exemption by-laws and the
number and type of units permitted by the approval for the preceding year. Also in accordance
with Kitchener's delegation by-law, the Director of Planning is required to provide summary
reports quarterly to inform council of all applications approved.
As in past years the entire year's activity is summarized in one report and it was noted that a
report was not prepared in 2001 due to administrative changes in the division and accordingly
the current report includes data for both 2001 and 2002.
On motion by Councillor M. Galloway -
it was resolved:
"That Development and Technical Services Department report DTS-03-057 (2001 and 2002
Annual Report - Delegated Approval Authority) be received for information; and further,
That report DTS-03-057 be submitted to the Regional Municipality of Waterloo in fulfilment
of Clause 22.1 of the Administrative Agreement between the City of Kitchener and the
Regional Municipality of Waterloo regarding Delegated Authority."
DTS-03-107 -
HOMER WATSON BOULEVARD AND MANITOU DRIVE INTERSECTION
IMPROVEMENTS
REQUEST FOR EXEMPTION TO MUNICIPAL CODE CHAPTER
450(NOISE)
FAIRVIEW - GATEWAY WARD
The Committee was in receipt of Development and Technical Services Department report DTS-
03-107 dated June 2, 2003 dealing with a request for exemption to the provisions of Chapter 450
(Noise) of the City of Kitchener Municipal Code to allow for construction work at the intersection
of Homer Watson Boulevard and Manitou Drive.
On motion by Councillor M. Galloway -
it was resolved:
"That the City of Kitchener and its Contractor(s) - Warren Bitulithic Ltd. be exempt from the
provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6
Construction Work during the repair/resurfacing of the intersection of Homer Watson
Boulevard and Manitou Drive/Doon Village Road. The request for the exemption is between
the hours of 7:00 p.m. to 7:00 a.m. for the period falling between June 2 to June 30, 2003
(with the actual work being completed over a two (2) day period within this time frame)."
6. DTS-03-102 -
4S0(NOISE)
REGION OF WATERLOO CONTRACT 2003-002 FREEPORT BRIDGE
REHABILITION AND KING STREET EAST IMPROVEMENTS, RIVER
ROAD TO RIVERBANK DRIVE
REQUEST FOR EXEMPTION TO MUNICIPAL CODE CHAPTER
CHICOPEE - GRAND RIVER WARD
Mayor C. Zehr commented that technically he did not consider that he had a pecuniary
interest but that he would disclose one in this regard and abstained from discussion and voting
as he owns property in the area of the improvement work taking place.
The Committee was in receipt of Development and Technical Services Department report DTS-
03-102 dealing with a request for exemption from the provisions of Chapter 450 (Noise) of the
City of Kitchener Municipal Code regarding construction work during the rehabilitation of the
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CITY OF KITCHENER
Freeport Bridge and King Street East improvements from River Road to Riverbank Drive.
REHABILITION AND KING
IMPROVEMENTS, RIVER ROAD TO RIVERBANK DRIVE
REQUEST FOR EXEMPTION TO MUNICIPAL
450(NOISE)
CHICOPEE - GRAND RIVER WARD (CONT'D)
DTS-03-102 - REGION OF WATERLOO CONTRACT 2003-002 FREEPORT BRIDGE
STREET EAST
CODE CHAPTER
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 rehabilitation of the Freeport Bridge and King Street East
Improvements, River Road to Riverbank Drive in the City of Kitchener. The request for the
exemption is between the hours of 7:00 p.m. to 9:00 p.m. for the period from June 30, 2003
to October 31,2003."
Mayor C. Zehr disclosed a pecuniary interest and abstained from all discussion and voting as he
owns property in the area of the improvement work taking place on King Street East.
DTS-03-111 -
260 KESTREL PLACE
DEMOLITION CONTROL APPLICATION DC 031051KITMW
LAURELVIEW HOMESlNC.
BRIDGEPORT-CENTRE WARD
The Committee considered Development and Technical Services Department report DTS-03-
111 dated June 4, 2003 dealing with a Demolition Control Application submitted by Laurel View
Homes with respect to the property known municipally as 260 Kestrel Street. It was noted in the
report that the purpose of the application was to allow for the construction of a new single
detached dwelling to be constructed outside the regulatory fill and structural setback lines on the
subject lands. This new single detached dwelling will be brought forward on the subject property
such that it will align with adjacent residential dwellings being constructed on Kestrel Street.
On motion by Councillor M. Galloway -
it was resolved:
"That Demolition Control Application DC 03/05/K/TMW (Laurel View Homes (CH) Inc.)
requesting approval for the demolition of a single detached dwelling, located at 260 Kestrel
Street, on land legally described as Block 19, Registered Plan 58M-181, be approved; and
further,
It is the opinion of this Committee that approval of this application is proper planning for the
City."
DTS-03-076 -
5 MICHAEL STREET
ZONE CHANGE APPLICATION ZC O01121MIJG
1397036 ONTARIO LTD.
WEST - VICTORIA PARK WARD
The Committee was advised that an application to change the zoning has been received
from 1397036 Ontario Ltd. with respect to the property known municipally as 5 Michael Street. It
was noted in the report that the Zone Change would permit the former Greb Industries building to
be legally used for a series of music related businesses including music studios, the retailing of
music products (sheet music) and the repair of musical instruments. Special regulations govern
the proportion of certain uses relative to the entire building, and a reduced parking requirement
allows the re-use of the existing building for these uses. In this regard, the Committee
considered Development and Technical Services Department report DTS-03-076 dated May 20,
2003 and a proposed By-law dated May 12, 2003 attached to the report.
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It was pointed out that notice that the Committee would hold a public meeting this date to
consider this matter had previously been given.
8. DTS-03-076 -
5 MICHAEL STREET
ZONE CHANGE APPLICATION ZC O01121MIJG
1397036 ONTARIO LTD.
WEST - VICTORIA PARK WARD (CONT'D)
Mr. J. Willmer, Director of Planning, summarized the purpose of the application and commented
without the adaptive reuse policy of the Municipal Plan which allowed for a Heritage Conservation
Easement to be registered on the property it would have been necessary for a Municipal Plan
Amendment to accompany the rezoning application. In response to a question he advised that
there were no property standards issues pertaining to this property.
Mr. Jeff VanderBaaren, Mark L. Dorfman Planner Inc., attended on behalf of the applicant in
support of the recommendation in the staff report. He also remarked on the heritage easement
which allows the rezoning application to proceed. In reference to concerns raised by neighbours
regarding lighting on the subject property, he advised that the owners have shielded the lighting
that was causing concerns. He specifically noted that no additional lighting had been added but
that existing fixtures had been renewed and that this measure appears to have reduced any
problems that were occurring on the property during evening hours. Mr. Vanderbaren also
advised that the applicant has an agreement with a neighbouring church to lease approximately
70 parking spaces and has expressed an interest to purchase these lands if they become
available.
The Committee made reference to a letter dated May 28, 2003 from Jane Harding and
Mike Canivet that was circulated with the meeting agenda.
No other delegations were registered respecting this matter.
Councillor J. Gazzola entered the meeting at this point.
It was indicated to the Committee that Ms. J. Given had been informed by neighbours that
they were now satisfied with the lighting issue.
On motion by Councillor B. Vrbanovic -
it was resolved:
"A.
That Zone Change Application ZC 00/12/M/JG (5 Michael Street - 1397036 Ontario
Limited) to change the zoning from Neighbourhood Institutional Zone (I-1) with special
use provisions 82 and 83 and special regulation 1 R to Neighbourhood Institutional Zone
(I-2), with special regulation provision 281 and special regulation provision 1R on lands
legally described as part of Lot 552, Grange's Amended survey, Registered Plan 378 in
the City of Kitchener, be approved in the form shown in the "Proposed By-law, dated
May 12, 2003 without conditions.
It is the opinion of this Committee that approval of this application is proper planning for
the City.
B. That Council confirm that approval of Zone Change Application ZC 00/12/M/JG
complies with the City's Municipal Plan by virtue of the establishment of a heritage
easement over 5 Michael Street, without the need for a formal change to the
Neighbourhood Institutional Land Use District."
DTS-03-085 - 251 HIGHLAND ROADWEST
ZONE CHANGE APPLICATION ZC 021441HIBS
MR. & MRS. DUCA AND MR. & MRS. METZGER
FOREST - ROCKWAY WARD
The Committee was advised that an application has been received from Mr. & Mrs. Duca and
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CITY OF KITCHENER
Mr. & Mrs. Metzger to rezone property known municipally as 251 Highland Road West which is
located on the southeast corner of Highland Road West and Belmont Avenue. The applicant
proposes to add a special zoning provision to the existing residential Five Zone (R-5) to allow a
personal service use within the existing dwelling in order to accommodate a beauty salon
DTS-03-085 - 251 HIGHLAND ROADWEST
ZONE CHANGE APPLICATION ZC 021441HIBS
MR. & MRS. DUCA AND MR. & MRS. METZGER
FOREST - ROCKWAY WARD (CONT'D)
operation. In this regard, the Committee considered Development and Technical Services
Department report DTS-03-085 dated May 16, 2003 and a proposed By-law dated May 16, 2003
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 been previously given.
Mr. J. Willmer, Director of Planning, summarized that the purpose of the report and advised that
staff had nothing further to add.
Mr. John Lukasewych an area resident, attended to object to the rezoning based on several
concerns. He indicated that there was already adequate commercial space in nearby malls
which have vacancies, traffic patterns already negatively affect Roxbourogh Avenue and
Marlboro Avenue as a result of traffic attempting to avoid the intersection of Belmont Avenue and
Highland Road West, and on-street parking abuse that has taken place notwithstanding the 3
hour limit and an inability to obtain enforcement action. In summary, he requested that
development opportunities be restricted to the north side of Highland Road West.
Mr. J. McBride, Director Transportation Planning, noted that most of the delegation's concerns
related to enforcement and he would request the City's Enforcement Division to be more
proactive in this area.
No other delegations were registered respecting this matter.
Councillor G. Lorentz noted that the subject property could accommodate parking at the rear for
4 vehicles and requested that it be stressed to the applicant to require that business customers
park on site.
On motion by Councillor G. Lorentz -
it was resolved:
"That Zone Change Application ZC 02/44/H/BS (251 Highland Road West - Mr. & Mrs.
Duca and Mr. & Mrs. Metzger) to change the zoning from Residential Five Zone (R-5) to
Residential Five Zone (R-5) with special use provision 326U, on lands legally described as
Part Lots 655 and 696, Registered Plan 230, in the City of Kitchener, be approved, in the
form shown in the "Proposed By-law", dated May 16th, 2003 without conditions.
It is the opinion of the Committee that approval of this application is proper planning for the
City and is in conformity with the City's Municipal Plan."
10.
DTS-03-100 -
35-39 WEBER STREET EAST
DEMOLITION CONTROL APPLICATION DC 03/02/W/CB
CORA PROPERTIES
BRIDGEPORT - CENTRE WARD
The Committee was in receipt of Development and Technical Services Department report DTS-
03-100 dated June 4, 2003 dealing with a demolition control application received from the Cora
Group requesting approval to demolish 2 former single detached dwellings known municipally as
35 and 39 Weber Street East. Staff recommend the application be refused based on the
consideration of the 7 criteria outlined in Council Policy 1-648 as summarized in the staff report.
Mr. J. Willmer, Director of Planning, briefly summarized the report and advised that staff had
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nothing further to add with respect to their refusal recommendation. In response to a question,
he advised that the houses had been used for office and retail purposes.
10. DTS-03-100 -
11.
35-39 WEBER STREET EAST
DEMOLITION CONTROL APPLICATION DC 03/02NV/CB
CORA PROPERTIES
BRIDGEPORT - CENTRE WARD (CONT'D)
Mr. Alan Hurdle, Property Manager, The Cora Group Inc., attended to oppose the
recommendation in the staff report and request the Committee approve demolition of the 2
properties.
Councillor J. Smola indicated that he supported demolition on the basis that: the properties were
not designated under the Ontario Heritage Act, the cost to restore them to a residential use, the
properties were zoned for office use in the office district and no families would be displaced by
the decision, as well, Council has in the past committed to the Cora Group to provide parking but
failed to do so when the parking garage proposal for the intersection of Benton and Charles
Street did not proceed. Further, he noted that more pressure has been added to the parking
shortage in the Downtown as a result of Stantec employees locating in Market Square and new
employees taking occupancy in the 235 King Street East office building.
Councillor M. Galloway advised the Committee that Heritage Kitchener had considered the
demolition application and was opposed to the demolition given the history associated with the 2
buildings.
In response to Councillor J. Gazzola, Mr. J. Willmer explained staffs objection to the demolition
by reviewing the purpose of demolition control and noted that there was nothing the City could do
to force the Cora Group to use the buildings if they remained. Mayor C. Zehr commented that no
businesses were currently operating from the 2 properties and it was inevitable that
redevelopment will take place on the site. On the subject of conditions attached to the
demolition, Mr. Willmer advised that the City may not have the authority to require extensive
conditions other than landscaping along the Weber Street frontage and noted after further
questioning that this small independent parking lot use would be an interim solution pending
redevelopment of the larger site. Several Councillors expressed support for the demolition as a
means to facilitate redevelopment notwithstanding their general reluctance to demolish properties
in the absence of a site plan.
On motion by Councillor J. Smola -
it was resolved:
"That Demolition Control Application DC 03/02NV/CB (The Cora Group) requesting
permission to demolish two former single detached dwellings located at 35 and 39 Weber
Street East, legally described as Plan 364 Pt Lt 1 Plan 372 Pt Lt 5, 6 & 7 RP5848542 Part 1,
2 & 3 RP58R9193 Parts 1,2 & 5, be approved.
It is the opinion of this Committee that approval of this application is proper planning for the
City."
DTS-03-074 -
DESIGNATION OF A "COMMUNTIY IMPROVEMENT PROJECT AREA"
FOR PURPOSES OF THE BROWNFIELD REMEDIATION COMMUNITY
IMPROVEMENT PLAN, AND
BROWNFIELD REMEDIATION COMMUNTIY IMPROVEMENT PLAN
ALL WARDS
The Committee considered Development and Technical Services Department report DTS-03-
074 dated May 5, 2003 and 2 proposed By-laws attached to the report. The first proposed By-
law dated May 5, 2003 deals with a By-law to designate a 'Community Improvement Project Area'
in the City for the purpose of preparing and implementing a Brownfield Remediation Community
Improvement Plan. The second proposed By-law dated May 6, 2003 deals with a By-law to
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CITY OF KITCHENER
adopt the Brownfield Remediation Community Improvement Plan.
11.
It was pointed out that notice that the Committee would hold a public meeting this date had
previously been given.
DTS-03-074 - DESIGNATION OF A "COMMUNTIY IMPROVEMENT PROJECT AREA"
FOR PURPOSES OF THE BROWNFIELD REMEDIATION COMMUNITY
IMPROVEMENT PLAN, AND
BROWNFIELD REMEDIATION COMMUNTIY IMPROVEMENT PLAN
ALL WARDS (CONT'D)
Mr. J. Willmer, Director of Planning, briefly summarized the purpose of the report noting that this
would be the third time the matter has been brought before the Committee and Council and at
this time staff were requesting passing of the appropriate By-laws to implement Council's earlier
decisions.
It was noted in the report that the intent of the program provides the basis of a financial incentive
that has been developed which will be funded from future anticipated tax increases and the
report lists the objectives, strategy and program incentives in this regard.
Following a question raised by Councillor J. Gazzola a discussion took place regarding
partnership support for this initiative among Area, Regional, Provinical and Federal levels of
Government. Mr. J. Willmer advised that there was support at the Regional level and that it
would appear Federal Government support was limited to Federally owned lands. In terms of
Provnicial support he indicated that successes have been achieved in other related areas with
the Province. He then commented on the cost of foregone taxes, higher assessment valuations
and the impact of inflation which would probably work to the benefit of the owner to recoup the
taxes paid.
No delegations were registered respecting this matter.
On motion by Councillor B. Vrbanovic -
it was resolved:
"A. That Kitchener City Council adopt the proposed Bylaw, dated May 5, 2003, to designate
a "Community Improvement Project Area" for the purposes of the Brownfield
Remediation Community Improvement Plan; and
B. That Kitchener City Council adopt the proposed Bylaw and Schedule "A" attached
thereto, dated May 6, 2003, to approve the Brownfield Remediation Community
Improvement Plan.
12.
DTS-03-099 - MINISTRY OF ENVIRONMENT RE: ENVIRONMENTAL BILL OF RIGHTS
REGISTRY
The Committee was in receipt of Development and Technical Services Department report
DTS-03-099 dated May 27, 2003 dealing with the Ministry of the Environment Environmental Bill
of Rights Registry. In the report staff request they be directed to discontinue bi-weekly review of
Certificate of Approval applications posted on the Ministry's registry for properties within the City.
Mr. J. Willmer advised that Planning staff have been reviewing postings since September
2002 up to the present but the effort has not proved useful as explained in detail within the
report.
Mayor C. Zehr referred to the correspondence received from Ms. Heather Thompson on behalf
of Concerned Citizens for Neighbourhood Preservation (CCFNP) and questioned if there were
staff at the Regional level such as environment engineers and Health staff that could be utilized
to more effectively assist in the Environmental Bill of Rights Registry watch. Mr. Willmer advised
that Environmental Engineering staff at the Region might be able to gleen more from what was
posted to the Registry. He also remarked on the Highland Road site that knowing about the
proposal earlier on would not have made any difference given the circumstances of the Zoning.
Mayor Zehr acknowledged that the added service of planning staff reviewing the registry was not
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providing the intended result but asked that staff make inquiry with Regional Officials in regards
to the suggestion of their participation and report to Council at it's June 16, 2003 meeting.
12.
13.
14.
DTS-03-099 - MINISTRY OF ENVIRONMENT RE: ENVIRONMENTAL BILL OF RIGHTS
REGISTRY (CONT'D)
On motion by Mayor C. Zehr -
it was resolved:
"That staff be directed to discontinue the bi-weekly review of Certificate of Approval
applications posted on the Ministry of Environment Bill of Rights Registry for properties
within the City of Kitchener."
DTS-03-079 - SIDEWALK MAINTENANCE POLICY REPLACEMENT
The Committee considered Development and Technical Services Department report DTS-03-
079 dated May 20, 2003 proposing a new sidewalk maintenance policy. It was noted in the
report that the new policy would set in place the sidewalk infrastructure inspection procedures,
inventory management process and maintenance procedures that would lead to effectively
assessing, prioritizing and planning maintenance and replacement initiatives.
Mr. L. Lynch, Manager Engineering Rehabilitation, summarized the purpose of the report which
would result in replacement of a quality standard that was developed in 1974 and reviewed the
benefits of the proposed policy that would cover some 870 km of sidewalks in the City. He
requested that the time line for remeditation under the priority one conditions and response
section be changed to 14 days from 7 days but noted that staff would be working to find a means
to bring the policy closer to the 7 day level.
A discussion followed during which Mr. L. Lynch indicated once the new policy was in place, he
would follow up and bring all parties with an interest in this matter together in concert with
Community Services Department staff. He also indicated that Forestry staff are being consulted
as part of sidewalk installation proposals to address the effect of tree species, root systems, etc.
on such installations. Mr. R. Shamess, Director of Engineering, summarized costing of all forms
of annual current budgeted spending on sidewalks and advised that there was no intention to
increase annual budgets but rather to identify priorities.
On motion by Councillor J. Smola -
it was resolved:
"That staff be directed to implement a new 'Sidewalk Maintenance Policy' as drafted within
the body of Development and Technical Services Department report DTS-03-079, as revised
to provide for remediation within "14" days rather than "7" days under the 'Priority 1
Conditions and Response' section."
NEW DEVELOPMENT ADJACENT TO EXISTING DEVELOPMENT
Mayor C. Zehr referred to complaints received from owners of existing developments that they
were unaware of proposed adjacent new development and the long standing problems of sales
persons / developers not being registered with the local real estate board and not communicating
plans for adjacent undeveloped land to prospective new home owners. He questioned if the
existing subdivision agreement made any reference to a code of ethics and requested staff
provide comment at a later date on this matter. In responding briefly on this issue, Ms. L.
MacDonald, City Solicitor, advised that as a result of the practices relating to title insurance,
prospective new home owners were not being made aware of proposed adjacent development
that might have been referenced in the subdivision agreement.
15. ADJOURNMENT
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On motion, the meeting adjourned at 8:22 p.m.
CITY OF KITCHENER
L.W. Neil, AMCT
Assistant City Clerk
