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HomeMy WebLinkAboutDev & Tech Svcs - 2003-08-11DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 11~ 2003 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 M. Galloway, B. Vrbanovic, J. Smola and G. Lorentz. Officials Present: Ms. F. McCrea, Ms. J. Givens and Messrs. G. Stewart, J. Willmer, G. Borovolis, J. McBride, P. Wetherup and L.W. Neil. 1. DTS-03-135 - UNION BOULEVARD (FROM PARK ST. TO BELMONT AVE. W.) WINTER PARKING PROHIBITION WEST-VICTORIA PARK WARD The Committee considered Development & Technical Services Department report DTS-03-135 dated July 14, 2003 dealing with prohibition of parking during winter months on a portion of Union Boulevard. On motion by Councillor M. Galloway - it was resolved: "That parking be prohibited January 1 to March 31 annually on both sides of Union Boulevard from Park Street to Belmont Avenue West; and further, That the Uniform Traffic By-law be amended accordingly." DTS-03-132 - KING STREET WEST- BUS LOADING/UNLOADING ZONE WEST-VICTORIA PARK WARD The Committee was in receipt of Development & Technical Services Department report DTS-03- 132 dated July 7, 2003 dealing with establishment of a Bus Loading/Unloading Zone on the north side of King Street West near the Queen Street North intersection. On motion by Councillor M. Galloway - it was resolved: "That a Bus Loading/Unloading Zone be established on the north side of King Street West from a point 27 metres west of Queen Street North to a point 14 metres west thereof; and further, That the Uniform Traffic By-law be amended accordingly." DTS-03-137 - CLARENCE PLACE - ON STREET PARKING BRIDGEPORT-CENTRE WARD The Committee considered Development & Technical Services Department report DTS-03-137 dated July 18, 2003 pertaining to on street parking regulations on Clarence Place. On motion by Councillor J. Smola - it was resolved: "That on-street parking be permitted for a maximum period of two (2) consecutive hours from 8:00 a.m. to 6:00 p.m., Monday to Friday on the east side of Clarence Place; and further, That the Uniform Traffic By-law be amended accordingly." DTS-03-138 - ONWARD AVENUE - ON STREET PARKING BRIDGEPORT-CENTRE WARD The Committee was in receipt of Development & Technical Services Department report DTS-03- 138 dated July 18, 2003 in regards to on street parking on the west side of Onward Avenue just north of King Street East. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 11~ 2003 - 157 - CITY OF KITCHENER DTS-03-138 - ONWARD AVENUE - ON STREET PARKING BRIDGEPORT-CENTRE WARD (CONT'D) On motion by Councillor J. Smola - it was resolved: "That on-street parking be permitted for a maximum period of three (3) consecutive hours on the west side of Onward Avenue from a point 5 metres north of King Street East to a point 12 metres north thereof; and further, That the Uniform Traffic By-law be amended accordingly." DTS-03-139 - BINGEMANS CENTRE DRIVE (FROM VICTORIA ST. TO SHIRLEY AVE.) ON STREET PARKING BRIDGEPORT-CENTRE WARD AND CHICOPEE-GRAND RIVER WARD The Committee was in receipt of Development & Technical Services Department report DTS-03- 139 dated July 18, 2003 recommending a parking prohibition on both sides of Bingemans Centre Drive. On motion by Councillor M. Galloway - it was resolved: "That on-street parking be prohibited at any time on both sides of Bingemans Centre Drive between Victoria Street North and Shirley Avenue; and further, That the Uniform Traffic By-law be amended accordingly." DTS-03-141 - EAST AVENUE - ON STREET PARKING BRIDGEPORT-CENTRE WARD The Committee considered Development & Technical Services Department report DTS-03-141 dated July 22, 2003 respecting on street parking regulations on the north side of East Avenue near Stirling Avenue North. On motion by Councillor B. Vrbanovic - it was resolved: "That on-street parking be permitted for a maximum period of three (3) consecutive hours on the north side of East Avenue from a point 30 metres east of Stirling Avenue North to a point 115 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly." DTS-03-140 - RIVER ROAD EAST- PEDESTRIAN REFUGEE ISLAND BRIDGEPORT-CENTRE WARD The Committee considered Development & Technical Services Department report DTS-03-140 dated July 22, 2003 dealing with installation of a pedestrian refugee island where a community trail crosses River Road East west of Lorraine Avenue. On motion by Councillor J. Smola - it was resolved: "That a Pedestrian Refuge Island be installed at the Community Trail on River Road East (137 metres west of Lorraine Avenue)." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 11~ 2003 8. DTS-03-134 - - 158 - CITY OF KITCHENER SCHOOL PEDESTRIAN SAFETY ADULT CROSSING GUARD CHANGES FOR 2003 - 2004 SCHOOL YEAR The Committee was in receipt of Development & Technical Services Department report DTS-03- 134 dated July 25, 2003 dealing with recommended changes to adult crossing guard facilities for the 2003 - 2004 school year. Councillor M. Galloway expressed concern regarding areas experiencing high levels of residential growth that did not have an adult crossing guard in place and listed new schools on Activa Avenue as an example. Mr. J. McBride advised that staff would be monitoring such areas and would immediately situate a guard where warranted. Further, he noted that monitoring would continue for the entire school year. Councillor B. Vrbanovic requested that a temporary adult crossing guard be installed at Lackner Boulevard and Zeller Drive and at the Queen and Margaret Streets intersections if new traffic signals have not been installed and operational by the beginning of the school year. Further, Councillor Vrbanovic requested that in future staff bring the Annual Adult Crossing Guard Facility Changes report forward for consideration before the end of the current school year. In reference to the closing of St. Francis Separate School, Councillor G. Lorentz expressed concern over the Westmount Road crossing point for those students not being bused to St. Paul's Separate School. Mr. J. McBride advised that approximately 23 students living south of Gatewood Road would be expected to use the signalized Westmount Road/Greenbrook Drive intersection to reach St. Paul's Separate School. However, Councillor G. Lorentz maintained these students would likely attempt to cross Westmount Road at Forest Hill Drive being it was a more direct route to reach St. Paul's. Staff agreed to review this issue and provide a response at the August 25, 2003 council meeting. The recommendation in the staff report was then considered and revised in respect to timing of consideration of future adult crossing guard changes for the next school year. On motion by Councillor B. Vrbanovic - it was resolved: "That the adult crossing guard facility on Queen's Boulevard at Blueridge Avenue be relocated to Westmount Road at Greenbrook Drive; and, That the adult crossing guard facility on Westmount Road at Queen's Boulevard be relocated to Ottawa Street South at David Bergey Drive; and, That the adult crossing guard facility on Queen Street North at Margaret Avenue be eliminated; and, That the adult crossing guard facility on Lackner Boulevard at Zeller Drive be eliminated; and further, That commencing in 2004, transportation planning staff be directed to present the annual Adult Crossing Guard Facility Changes report before the end of the current school year for the next school year (September - June)." DTS-03-146 - GAGE AVENUE - ON STREET PARKING WEST-VICTORIA PARK WARD The Committee considered Development & Technical Services Department report DTS-03-146 dated July 28, 2003 dealing with parking prohibition on a portion of the west side of Gage Avenue near Belmont Avenue. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 11~ 2003 - 159 - CITY OF KITCHENER DTS-03-146 - GAGE AVENUE - ON STREET PARKING WEST-VICTORIA PARK WARD (CONT'D) On motion by Councillor G. Lorentz - it was resolved: "That parking be prohibited at anytime on the west side of Gage Avenue from Belmont Avenue to a point 85m south of Belmont Avenue; and further, That the Uniform Traffic By-law be amended accordingly." 10. SSD-03-024 - ECONOMIC DEVELOPMENT ADVISORY COMMITTEE RECOMMENDATION HIGHWAY # 7/86 INTERCHANGE AND DEVELOPMENT OF NEW HIGHWAY # 7 The Committee was in receipt of Strategic Services Department report SSD-03-024 dated July 28, 2003 dealing with a recommendation received from the Kitchener Economic Development Advisory Committee encouraging development of both the Highway 7/86 interchange and the new Highway 7 to Guelph as priorities within the provincial road system. On motion by Councillor J. Smola - it was resolved: "That the Kitchener Economic Development Advisory Committee reinforces it previous motion to Kitchener Council that it views the development of Highway 7/86 Interchange as a priority in the Provincial Road system and the potential future development of the Airport Lands; and further, That the Kitchener Economic Development Advisory Committee encourages that organizations like Canada's Technology Triangle, the Greater Kitchener Chamber of Commerce and Communitech write/liaise with their respective MPP to ask the Ministry of Transportation to move forward in the new development of Highway 7." 11. SSD-03-025 - ECONOMIC DEVELOPMENT ADVISORY COMMITTEE RECOMMENDATION ECONOMIC DEVELOPMENT MARKETING PLAN 2003 - 2004 12. The Committee considered Strategic Services Department report SSD-03-025 dated July 28, 2003 dealing with a recommendation received from the Kitchener Economic Development Advisory Committee to endorse the Economic Development Marketing Plan for 2003 - 2004. On motion by Councillor B. Vrbanovic - it was resolved: "That the Kitchener Economic Development Advisory Committee endorses the Corporate Strategy for Economic Development and the implementation of the Economic Development Marketing Plan 2003 - 2004; and further, That a regular progress report of the 2003 - 2004 objectives be presented to Kitchener Economic Development Advisory Committee." DTS-03-106 - 448 STIRLING AVENUE SOUTH DEMOLITION CONTROL APPLICATION DC 021091SlSV ST. STEPHEN LUTHERAN CHURCH WEST-VICTORIA PARK WARD The Committee was in receipt of Development & Technical Services Department report DTS-03- 106 dated July 2, 2003 dealing with a demolition control application submitted by St. Stephen Lutheran Church with respect to the single detached dwelling located at 448 Stirling Avenue South. The subject property is located at the northeast corner of Highland Road and Stirling DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 11~ 2003 - 160 - CITY OF KITCHENER 12. DTS-03-106 - 448 STIRLING AVENUE SOUTH DEMOLITION CONTROL APPLICATION DC 02/09/S/SV ST. STEPHEN LUTHERAN CHURCH WEST-VICTORIA PARK WARD (CONT'D) Avenue and the Church has requested permission to demolish this dwelling which is in a poor state of repair so as to enhance access to the Church, as well as the overall appearance of this site by developing an attractive greenspace at the corner. Mr. J. Willmer provided a brief explanation of the application and commented on the steps being taken to ensure that an attractive greenspace is developed rather than a parking lot. No delegations were registered respecting this matter. On motion by Councillor B. Vrbanovic - it was resolved: "That Demolition Control Application DC 02/09/S/SV (St. Stephen Lutheran Church) requesting permission to demolish one single detached dwelling located at 448 Stirling Avenue South, legally described as Plan 652 Part Lot 11 Part Lot 12, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City." 13. DTS-03-120 - HISTORIC PIONEER TOWER WEST COMMUNITY HERITAGE DESIGN GUIDELINES FAIRVIEW-GATEWAY WARD The Committee was in receipt of Development & Technical Services Department report DTS-03- 120 dated July 30, 2003 dealing with Heritage Design Guidelines for the Historic Pioneer Tower West Community. The document containing the Heritage Design Guidelines was attached to the staff report. It was noted in the background section of the report that as a result of subdivision applications submitted, Council had passed a By-Law defining a boundary of a study area for a proposed heritage conservation district in Pioneer Tower West. However, many of the heritage district planning issues have been addressed through other actions as noted in the report. Accordingly, at the request of area property owners and as a result of many of the heritage conservation measures having been addressed or implemented, staff agreed to consider an alternative approach to conservation that would see the proposed heritage district replaced with a combination of individual property designations and the application of heritage design guidelines to be registered on title. Item #13 (Heritage Design Guidelines); Item #14 (DTS-03-122, Subdivision 30T-96004, Zone Change Application ZC 96/30/P/JG - JHS Properties); and Item #15 (DTS-03-123, Modification to Subdivision 30T-95016 - 346874 Ontario Ltd., Zone Change Application ZC 03/12/T/JG - City Initiated) of these minutes are interrelated and delegation presentations and discussions respecting all three items are documented under Item #13 of these minutes. Mr. L. Bensason, Heritage Planner, made a detailed Powerpoint presentation summarizing the Heritage Design Guidelines report. He referenced the study area for the initially proposed Heritage Conservation District and made specific reference to all of the structures located on properties known as 381 Pioneer Tower Road (Schoerg farmstead) and 437 Pioneer Tower Road (Betzner farmstead). He referred to the Primary Objectives of the initially proposed Heritage Conservation District Study and Plan. Further, he described the 3 parts of the Heritage Design Guidelines, being: streetscape infrastructure, recreational and interpretive facilities, and new (non-historic) building activity. Mr. Bensason confirmed that staff are of the opinion that the heritage objectives can be attained within a process agreeable to all parties. He then responded to questions pertaining to both barns, the $40,000 - $70,000 cost estimated in 1999 to reconstruct the historic log cabin, and the approval process for subdivision housing designs. Mr. Vernon Sherk attended as a delegation on behalf of members of the Sherk, Betzner and Gingrich families; many of whom were also present, to make a presentation in regard to Item #'s DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 11~ 2003 - 161 - CITY OF KITCHENER 13. DTS-03-120 - HISTORIC PIONEER TOWER WEST COMMUNITY HERITAGE DESIGN GUIDELINES FAIRVIEW-GATEWAY WARD (CONT'D) 13, 14 and 15 of these minutes. A submission was circulated this date regarding the 2 subdivisions which also contained several letters and other attachments. Mr. Sherk made specific reference to the need to fully preserve the historical ridge line within the 2 subdivisions, the historic significance of the 2 barns and requested that no new housing be developed between the Betzner and Sherk houses. Further, he noted that Lynn Myers, MP for Waterloo- Wellington has provided a letter dated August 11,2003 supporting heritage preservation of these properties and it was noted that Mr. Myers is Chair of the Caucus Committee on Heritage Preservation. Mr. Paul Puopolo, Planning and Engineering Initiatives, attended representing 346874 Ontario Ltd. pertaining to his client's subdivision modification and zone change on the former Betzner property, at 437 Pioneer Tower Road (item #15) and to items 13 & 14 of these minutes. He advised that his client intended to renovate the exterior of the house and driveshed and immediately acquire a tenant for the property. He supported in principle maintaining a continuous ridge with no new housing along the ridge. He clarified that the barn on the Betzner property was to be removed. Ms. J. Given, Manager of Strategic Operations, summarized issues relating to staff report DTS- 03-122 (381 Pioneer Tower Road -JHS Properties Ltd.). She outlined key heritage elements noting the Schoerg house is to be retained on a large lot and confirmed that lots 1 & 2 are to be marketed as 1 lot for 2 years, but if not sold, the barn may then be removed and the lands sold. Ms. Given then summarized issues pertaining to staff report DTS-03-123 (437 Pioneer Tower Road - 346874 Ontario Ltd.). She commented on the previous OMB approval of the subdivision and noted that the requested modification to the subdivision would reduce the number of lots to 42 from 54. She also commented on the preservation of the Betzner house and the barn foundation. Ms. Given distributed the staff report DTS-03-147 prepared as an addendum to reports DTS-03- 122 and DTS-03-123 which proposes several revisions to the recommendations in the 2 staff reports. She also requested that recommendation 2 c) of report DTS-03-147 pertaining to DTS- 03-123 respecting condition 5 be further revised to provide that: 'The subdivider agrees to quit claim its interest in any rights-of-way for access over adjacent lands prior to the issuance of any building permits within the plan.' Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, attended on behalf of JHS Properties Ltd. pertaining to his clients applications for subdivision and zone change on the former Schoerg property at 381 Pioneer Tower Road (Item #14) and to Items #13 and 15 of these minutes. He commented on the Heritage Design Guidelines, retention of the house, the ratio of open space dedication and noted that he had no objection to the barn being sold to the Sherks. In regard to the barn, he advised that they were willing to exchange the Sherk barn structure for lands of a parkette; however, parks staff object because they wish to have an active park in the area. Mr. Britton indicated support for a deferral to explore this proposal. In response to a question, Mr. V. Sherk advised that The Sherk Family Association has never discussed purchase of the former Sherk property. Councillor B. Vrbanovic questioned if discussions have been held with the Region of Waterloo and Parks Canada regarding a preservation role in these properties. Mr. Bensason advised that Parks Canada has participated in the subdivision process. The Committee considered a suggestion to defer these matters to its meeting to be held September 22, 2003. Mr. P. Puopolo noted that the subdivision application covering the former Betzner lands was a new plan and requested that it be dealt with this date. Mr. P. Britton advised that he had no objection to Mr. Puopolo's subdivision proceeding provided the Heritage Design Guidelines were approved in their entirety. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 11~ 2003 - 162 - CITY OF KITCHENER 13. DTS-03-120 - HISTORIC PIONEER TOWER WEST COMMUNITY HERITAGE DESIGN GUIDELINES FAIRVIEW-GATEWAY WARD (CONT'D) Mr. L. Bensason advised that Heritage Kitchener was scheduled to consider designation of 381 Pioneer Tower Road (former Schoerg farmhouse) at its meeting to be held August 12, 2003. Mayor C. Zehr suggested that Heritage Kitchener should defer the matter. Mr. Bob ©berholtzer referred to a map he had earlier provided to the Committee commenting on the difficulty for the public to find the Pioneer Tower structure and suggested that new directional signage was required given the subdivision development that has taken place. The Committee then considered the recommendations pertaining to item #'s 13, 14 and 15 of these minutes. Item #13 (report DTS-03-120) was dealt with. On motion by Mayor C. Zehr - it was resolved: "That the Historic Pioneer Tower West Community Heritage Design Guidelines dated July 2003 be endorsed; and further, That Council acknowledge said guidelines will be used by the City to conserve and protect the heritage character of the historic Pioneer Tower West community, together with the designation of property under Part IV of the Ontario Heritage Act, rather than through the designation of Pioneer Tower West as a heritage conservation district. It is the opinion of this Committee that approval of these Guidelines is proper planning for the City." Committee consideration of the staff recommendations pertaining to item #14 (DTS-03-123) and #15 (DTS-03-122) is recorded under each item respectively. 14. DTS-03-122 - 381 PIONEER TOWER ROAD SUBDIVISION APPLICATION 30T-96004 ZONE CHANGE APPLICATION ZC 96/30/P/JG JHS PROPERTIES LTD. FAIRVIEW-GATEWAY WARD Item #13 (Heritage Design Guidelines); Item #14 (DTS-03-122, Subdivision 30T-96004, Zone Change Application ZC 96/30/P/JG - JHS Properties); and Item #15 (DTS-03-123, Modification to Subdivision 30T-95016 - 346874 Ontario Ltd., Zone Change Application ZC 03/12/T/JG - City Initiated) of these minutes are interrelated and delegation presentations and discussions respecting all three items are documented under Item #13 of these minutes. The Committee was advised that applications for Subdivision and Zone Change have been received from JHS Properties Ltd. with respect to a generally rectangular parcel of land extending from Pioneer Tower Road to the Grand River composed of approximately 26.67 hectares containing the former Schoerg house and bank barn which are of historic significance and known municipally as 381 Pioneer Tower Road. It was noted in the report that the lands were situated adjacent to other lands developed by JHS on 3 sides and it is proposed to develop a maximum of 117 new dwelling units on larger lots and at the same time conserve the Schoerg farmhouse. The subdivision contains conditions requiring development of streetscapes and certain properties within proximity to the historic farmhouse to be developed in accordance with the 'Historic Pioneer Tower West Community Heritage Design Guidelines'. In this regard, the Committee considered Development and Technical Services Department report DTS-03-122 and a proposed By-Law dated July 31,2003 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 previously been given. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 11~ 2003 - 163 - CITY OF KITCHENER 14. DTS-03-122 - 381 PIONEER TOWER ROAD SUBDIVISION APPLICATION 30T-96004 ZONE CHANGE APPLICATION ZC 96/30/P/JG JHS PROPERTIES LTD. FAIRVIEW-GATEWAY WARD (CONT'D) Comprehensive consideration of this matter took place as recorded under Item #13 of these minutes before the Committee dealt with a recommendation. The Committee then dealt with the staff recommendations in report DTS-03-122 and part 1 of addendum staff report DTS-03-147. On motion by Mayor C. Zehr - it was resolved: "That consideration of Development and Technical Services Department reports DTS-03- 122 (Subdivision 30T-96004 and Zone Change Application ZC 96/30/P/JG - JHS Properties Ltd., Pioneer Tower Road) and DTS-03-147 (Addendum to DTS-03-122 - recommendation #1) be deferred and referred to the September 22, 2003 Development and Technical Services Committee meeting; and, That planning and parks staff examine an offer proposed by Mr. P. Britton on behalf of JHS Properties Ltd. to exchange the land on which the Sherk barn is located for a designated City park parcel; and further, That planning staff approach Parks Canada and the Region of Waterloo to determine what interest each might have in assisting with the preservation of the Sherk property." 15. DTS-03-123 - 437 PIONEER TOWER ROAD PROPOSED MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-95016 346874 ONTARIO LTD. ZONE CHANGE APPLICATION ZC 03/12/P/JG CITY INITIATED FAIRVIEW-GATEWAY WARD Item #13 (Heritage Design Guidelines); Item #14 (DTS-03-122, Subdivision 30T-96004, Zone Change Application ZC 96/30/P/JG - JHS Properties); and Item #15 (DTS-03-123, Modification to Subdivision 30T-95016 - 346874 Ontario Ltd., Zone Change Application ZC 03/12/T/JG - City Initiated) of these minutes are interrelated and delegation presentations and discussions respecting all three items are documented under Item #13 of these minutes. The Committee was in receipt of a request for modifications to Subdivision 30T-95016 submitted by 346874 Ontario Ltd. and a Zone Change Application initiated by the City with respect to lands known municipally as 437 Pioneer Tower Road. The modification application would reduce the number of lots, delete lands from the plan which are now owned by the City and update certain Subdivision conditions to reflect the current situation relative to works that have already been completed. In addition, the modification incorporates a condition requiring development of those lots in the vicinity of the historic Betzner house be done in accordance with the 'Historic Pioneer Tower West Heritage Design Guidelines'. It was noted in the report that since the draft approval of the plan was first granted by the Ontario Municipal Board (OMB) and that since the OMB has only delegated plan registration to the City, Council can only make a recommendation to the OMB to approve these changes. The proposed zoning change is minor in that it would regulate the maximum garage width for certain residential blocks within the plan and will ensure the zoning provisions are consistent with the Heritage Design Guidelines. In this regard, the Committee considered Development and Technical Services Department report DTS-03-123 dated August 4, 2003 and a proposed By-Law dated July 31, 2003 attached to the report. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 11~ 2003 - 164 - CITY OF KITCHENER 15. DTS-03-123 - 437 PIONEER TOWER ROAD PROPOSED MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-95016 346874 ONTARIO LTD. ZONE CHANGE APPLICATION ZC 03/12/P/JG CITY INITIATED FAIRVIEW-GATEWAY WARD (CONT'D) It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Comprehensive consideration of this matter took place as recorded under Item #13 of these minutes before the Committee dealt with a recommendation. The Committee then considered the staff recommendations in report DTS-03-123 and part 2 of addendum staff report DTS-03-147. Mr. Z. Janecki, Planning and Engineering Initiatives, attended also representing 346874 Ontario Limited and advised that he agreed with the staff report recommendations except recommendation 2 c) in addendum report DTS-03-147 which he requested be deleted. He also requested that the City enforce a conveyance of a parcel of land in stage 9 of JHS Subdivision 30T-94009 to his client in order that his client obtain access to their lands. Mr. Janecki submitted several letters outlining requests to JHS Properties Ltd. in respect to the conveyance issue. Mr. P. Britton had no objection to Mr. Janecki's request for deletion of recommendation 2 c) of the addendum report. In reference to the conveyance issue, Mr. Britton maintained that this was an issue the City should not be involved in and that he was prepared work with Planning & Engineering Initiatives to resolve this matter. Ms. F. McCrea, Assistant City Solicitor, commented that the condition in question was imposed as part of the OMB approval and that there are issues for the affected parties to work out. The staff recommendations in reports DTS-03-123 and DTS-03-147 were then considered. Councillor M. Galloway supported deletion of recommendation 2 c) from report DTS-03-147. On motion by Councillor M. Galloway - it was resolved: "A. That City-Initiated Zone Change Application ZC 03/12/P/JG (437 Pioneer Tower Road), to change the text of certain special regulation provisions to govern garages for residential buildings and clarify regulations for equestrian operations, be approved in the form shown in the "Proposed By-law" dated July 31, 2003, without conditions. 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.©. 1990, Chapter P 13 as amended, recommends to the Ontario Municipal Board, the following modifications to the draft approval of Plan of Subdivision Application 30T- 95016 (granted by the Ontario Municipal Board in Board Order 97-1 as amended by Order Numbers 0340 and 1378) in the City of Kitchener, for 346874 Ontario Ltd: 1. That the draft approval shall be revised to apply to the following (as shown on the attached Plan of Subdivision): Maximum Number of Dwelling Units: 42 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 11~ 2003 - 165 - CITY OF KITCHENER 15. DTS-03-123 - 437 PIONEER TOWER ROAD PROPOSED MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-95016 346874 ONTARIO LTD. ZONE CHANGE APPLICATION ZC 03/12/P/JG CITY INITIATED FAIRVIEW-GATEWAY WARD (CONT'D) Lot1 Lots 2-42 Block 43 Block 44 Block 45 Blocks 46-48 Single Detached Dwelling/Equestrian Single Detached Dwellings Park/Barn Ruins Park Hazard Land 0.3 m Reserves 2. Condition 51 is revised as follows: That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated revised July 30, 2003 providing that minor changes to the Plan, acceptable to the Director of Planning and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. 3. (i) Condition 52 b) is revised to read as follows: The stormwater management pond, which will be constructed on lands owned by the City of Kitchener, shall jointly serve this subdivision and that of Plans of Subdivision 30T-94009 and 30T-96004 .... ". (ii) Condition 52c) is deleted and replaced with the following: 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 to the City from the owner who has paid the entire cost of the works indicating that he has been paid his share of the full payment in accordance with a) above, the City agrees to release the Letter of Credit to the Subdivider. In the event a letter is not provided to the City indicating that cost sharing has occurred, the City shall cash the Letter of Credit and reimburse the Subdivider who paid the full amount." 4. Condition 57 is revised such that "Blocks 58 and 59" is replaced with "Blocks 43 and 44'. Condition 63 a) is revised to change "Lot 46 to Lot 56;" to "Lot 36 to 42 and condition 63b) is revised to change "between Block 59 and Lot 3" to "between Block 44 and the easterly limit of the plan...". 6. Condition 64 is revised to change "Blocks 57, 58 and 59" to "Blocks 43 and 44..." 7. Condition 66 is revised to replace "Lots 46-56" with "Lots 36-42". DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 11~ 2003 - 166 - CITY OF KITCHENER 15. DTS-03-123 - 437 PIONEER TOWER ROAD PROPOSED MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-95016 346874 ONTARIO LTD. ZONE CHANGE APPLICATION ZC 03/12/P/JG CITY INITIATED FAIRVIEW-GATEWAY WARD (CONT'D) 8. Condition 67 is deleted and replaced with the following: Prior the registration of the Plan, the Subdivider agrees to prepare and obtain approval of a plan showing the detailed engineering design of that section of Joseph Schoerg Crescent from Block 44 to the easterly limit of the plan. Such plan shall provide for modified municipal standards within a 16.0 metre right-of-way, including modified curbs, landscaping, lighting, surface treatment and a sidewalk of suitable construction material abutting or extending through these blocks. Such plan shall be in accordance with the streetscape guidelines of the Historic Pioneer Tower West Design Guidelines and shall be approved and implemented to the satisfaction of the City's Director of Engineering in consultation with the City's Director of Planning and Director of Operations. 9. Condition 69 is revised to replace "Lot 50" with "Lot 39"in each occurrence. 10. Condition 71 is revised to replace "Blocks 61,62, and 63" with "Blocks 46, 47 and 48". 11. Condition 73 is deleted. 12. Condition 79 is deleted. 13. Add a new Condition No. 3 under "AMENDMENTS TO CITY OF KITCHENER CONDITIONS" to be numbered sequentially in the City's agreement as Condition 83, as follows: "3. The Subdivider agrees that construction and alteration of all buildings within Lots 2-7 shall be in accordance with the Historic Pioneer Tower West Heritage Design Guidelines attached hereto as Schedule "A". Any requisite approvals shall be as set out in the Implementation section of said Guidelines. 14. That a new condition 4 under "AMENDMENTS TO CITY OF KITCHENER CONDITIONS", to be numbered sequentially in the City's agreement as 84 to be added, as follows: "4. The Subdivider agrees to provide an easement(s) to the CITY, for the purpose of providing access and/or servicing to adjacent lands, if necessary, to the satisfaction of the CITY's Director of Engineering in consultation with the consulting engineer for the SUBDIVIDER. The appropriate easement shall be granted to the CITY immediately upon the CITY's request, and the CITY agrees to quit claim the easement when appropriate." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 11~ 2003 - 167 - CITY OF KITCHENER 15. DTS-03-123 - 437 PIONEER TOWER ROAD PROPOSED MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-95016 346874 ONTARIO LTD. ZONE CHANGE APPLICATION ZC 03/12/P/JG CITY INITIATED FAIRVIEW-GATEWAY WARD (CONT'D) 15. That additional renumbering of conditions or other administrative/format changes necessary to prepare the agreement in the City's Standard Residential Subdivision agreement format be approved. It is the opinion of this Committee that approval of these Modifications is proper planning for the City." 16. DTS-03-131 - 149 ROXBOROUGH AVENUE ZONE CHANGE APPLICATION ZC 02/43/R/BS MR. AND MRS. WILCZYNSKI FOREST-ROCKWAY WARD The Committee was advised that a Zone Change Application has been submitted by Mr. and Mrs. Wilczynski respecting the property known municipally as 149 Roxborough Avenue located at the southwest corner of Highland Road West and Roxborough Avenue. The applicant proposes to add a special zoning provision to the existing residential zone to allow the personal service use within the existing dwelling on the property. The purpose of the application is to permit the existing home business beauty salon to use more of the building. As well it is proposed to legalize the existing required parking spaces located not less than 0.8 metres from the Roxborough Avenue lot line instead of 3 metres. In this regard, the Committee considered Development and Technical Services report DTS-03-131 dated July 14, 2003 and a proposed By-Law dated July 4, 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 previously been given. No delegations were registered respecting this matter. On motion by Councillor G. Lorentz - it was resolved: "That Zone Change Application ZC 02/43/H/BS (149 Roxborough Avenue - Mr. & Mrs. Wilczynski), to change the zoning on the subject lands from Residential Five Zone (R-5) to Residential Five Zone (R-5) with special use provision 327U, on lands legally described as Lot 8, Registered Plan 781, in the City of Kitchener, be approved, in the form shown in the "Proposed By-law", dated July 4th, 2003, subject to the following conditions: 1) That prior to any readings of the amending Zoning By-law, the owner shall reconstruct part of the existing parking lot so that there are no parking spaces within the City right-of-way and so that the parking spaces have an approximate 0.8 metre setback to the Roxborough Avenue lot line to the satisfaction of the Manager of Design & Development. 2) The owner acknowledges that Condition 1 is requested to be satisfied within 7 months of the day of Council having approved by resolution Zone Change Application ZC 02/43/R/BS. In the event that the requirement is not fulfilled within the 7 month period, Council may consider rescinding its zone change approval. 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." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 11~ 2003 - 168 - CITY OF KITCHENER 17. DTS-03-136 - 447 FREDERICK STREET ZONE CHANGE APPLICATION ZC 03/13/F/CB WAYNE COOK BRIDGEPORT-CENTRE WARD The Committee was advised that a Zone Change Application has been submitted by Wayne Cook with respect to the property known municipally as 447 Frederick Street situated at the corner of Frederick Street and Edna Street. The applicant wishes to locate a personal services establishment within a new building that would be oriented to the street on this vacant site which was formerly the location of a Sunoco Service Station. The application would also legalize a deficient lot area and reduce the required front yard and required side yards on Frederick and Edna Streets respectively. In this regard, the Committee considered Development & Technical Services Department report DTS-03-136 dated June 16, 2003 and a proposed By-Law dated July 15, 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 previously been given. No delegations were registered respecting this matter. On motion by Councillor J. Smola - it was resolved: "That Zone Change Application ZC 03/13/F/CB (447 Frederick Street - Wayne Cook), to change the zoning on the subject lands, legally described as Plan 42 Part of Lots 1 and 2, for the City of Kitchener, from Community Shopping Centre Zone (C-3) to Community Shopping Centre Zone (C-3) with Special Regulation Provision 407R, be approved, in the form shown in the Proposed By-law, dated July 15, 2003. 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." 18. DTS-03-130 - RESIDENTIAL & INSTITUTIONAL STANDARDS HOUSEKEEPING AMENDMENTS TO ZONING BY-LAW 85-1 ZONE CHANGE APPLICATION ZC 02/07/TC/BS CITY INITIATED, CITY WIDE The Committee was in receipt of a City initiated Zone Change Application dealing with a number of housekeeping amendments to Zoning By-Law 85-1. It was pointed out in the report that the purpose of this comprehensive amendment is to implement a number of revisions and clarifications to improve the administration of the By-Law. The proposed changes are minor, have been identified over the past 5 years and are summarized in the report and detailed in the proposed By-Law. The amendments include improvements to the general text of the By-Law, specific zones, the zoning and property detail maps and the rest of the appendices to the Zoning By-Law. In this regard, the Committee considered Development & Technical Services Department report DTS-03-130 dated July 14, 2003 and a proposed By-Law dated July 4, 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 previously been given. Mr. J. Willmer advised that a few concerns had been expressed to him by Mr. Peter Bufe, one of which related to reduction of building setbacks along the former ring road in the Downtown which the By-Law implements. Mr. Willmer indicated that the newspaper advertisement made specific reference to this matter. He did note that Mr. Bufe had brought an issue to his attention with respect to the wording contained in Clause 37 of the proposed By-Law and in this regard asked that the Clause be revised by adding the words 'less than' before the words '10,000 square metres' in the last sentence of the Clause. Mr. Willmer also asked that staff wish to introduce a revision to Map 19 attached to the By-Law which would delete the words 'see By-Law 4830' from the Map and insert in it's place the reference 'From P (By-Law 4830) to P-3'. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 11~ 2003 - 169 - CITY OF KITCHENER 18. DTS-03-130 - RESIDENTIAL & INSTITUTIONAL STANDARDS HOUSEKEEPING AMENDMENTS TO ZONING BY-LAW 85-1 ZONE CHANGE APPLICATION ZC 02/07/TC/BS CITY INITIATED, CITY WIDE (CONT'D) No delegations were registered respecting this matter. The recommendation listed in the staff report and the revisions requested this date were then considered. On motion by Councillor G. Lorentz - it was resolved: "That Zone Change Application ZC 02/07/TC/BS (Housekeeping By-law - City Initiated), representing comprehensive changes to Zoning By-law 85-1 and including changes proposed as a result of the Unfinished Business item respecting the review of st nursing/retirement home parking regulations from the September 21 , 1998 Council, be approved in the form shown in the Proposed By-law, dated July 4 , 2003, as revised August 11,2003 pertaining to Clause 37 by adding the words 'less than' before the words '10,000 square metres' in the last sentence of the clause and to Map 19 by deleting the words 'See By-law 4830' from the map and inserting in its place the reference 'From P (By-law 4830) to P-3', without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City." 19. Grand River Boulevard - Traffic Volume and Speedinq Councillor B. Vrbanovic expressed concern regarding traffic conditions on Grand River Boulevard between River Road and Morrison Road and questioned what actions could be done to mitigate speeding on an interim basis until October given current traffic volumes as a result of the closure of King Street East and what long term measures could be put in place after October. Transportation planning staff were asked to take this matter under advisement. 20. ADJOURNMENT On motion, the meeting adjourned at 9:20 p.m. L.W. Neil, AMCT Assistant City Clerk