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HomeMy WebLinkAboutDev & Tech Svcs - 2003-09-22DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 22~ 2003 CITY OF KITCHENER The Development and Technical Services Committee met this date commencing at 7:20 p.m. under Councillor C. Weylie, Chair, with the following members present: Mayor C. Zehr and Councillors B. Vrbanovic, G. Lorentz, J. Smola and J. Gazzola. Councillor M. Galloway entered the meeting shortly after its commencement. Officials Present: Ms. F. McCrea and Messrs. G. Stewart, J. Willmer, R. Browning, J. Witmer, L. Bensason and L.W. Neil. 1. DTS-03-164 - ADDENDUM TO DTS-03-122 AND DTS-03-147 381 PIONEER TOWER ROAD SUBDIVISION APPLICATION 30T-96004 ZONE CHANGE APPLICATION ZC 96/30/P/JG JHS PROPERTIES LIMITED FAIRVIEW-GATEWAY WARD The Committee was re-circulated with Development and Technical Services Department report DTS-03-122 (Subdivision 30T-96004, Zone Change Application ZC 96/30/P/JG - JHS Properties Ltd.) and report DTS-03-147 (addendum to DTS-03-122). These reports were previously considered at the August 11, 2003 Development and Technical Services Committee meeting and referred to the meeting this date to allow for examination of exchange of the land on which the Sherk barn is located for a designated City park parcel and to determine if Parks Canada and the Region of Waterloo would assist with preservation of the Sherk property. Mr. J. Willmer briefly summarized the deferral issues and advised that Parks Canada was unable to participate in this matter. Mr. Kevin Eby, attended on behalf of the Region of Waterloo and made a presentation fully supporting initiatives to preserve the cultural heritage of the Sherk property. He gave an overhead presentation in this regard and spoke of the importance of the scenic views from the Sherk property and their context to heritage. Mr. Eby commented that the property, if not the most, was one of the most significant cultural heritage landscapes in the Region of Waterloo. In this regard, he advised that he had not had an opportunity to discuss issues with the developer and the City and requested deferral in order for this consultation to take place. Ms. Susan Burke, Curator of Joseph Schneider Haus attended and in response to Councillor C. Weylie noted the Sherk property was intended to be designated under Part 4 of the Heritage Act. Councillor M. Galloway entered the meeting at this point. Mr. L. Bensason, Heritage Planner, attended and summarized the result of negotiations that took place respecting the future subdivision and advised that he would like the opportunity to work with the property owner to facilitate preservation. Mr. Vernon Sherk attended and circulated a copy of his presentation dated September 22, 2003. He commented on the historical aspects of the Betzner and Sherk properties and expressed concern that the subdivision plan for the Sherk barn and spring-house land area would result in a gap in heritage continuity along the ridge. Mr. Sherk reviewed an alternative development option in his presentation that involved exchange of lands. Mrs. Leone Sherk also attended to comment on the significant cultural heritage landscapes of the property, it's relationship with the Pioneer Tower structure and it's features, and remarked that the area was the heart and soul of Waterloo County. Mr. Z. Janecki, Planning and Engineering Initiatives, attended on behalf of 346874 Ontario Limited to comment on the need for co-operation with JHS Properties Limited and on the importance of preserving the heritage of the ridge as a total package. He advised that his client has received an offer on the Betzner house and that the purchaser would like to see the ridge and two farmhouses remain. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 22~ 2003 - 200 - CITY OF KITCHENER 1. DTS-03-164 - ADDENDUM TO DTS-03-122 AND DTS-03-147 381 PIONEER TOWER ROAD SUBDIVISION APPLICATION 30T-96004 ZONE CHANGE APPLICATION ZC 96/30/P/JG JHS PROPERTIES LIMITED FAIRVIEW-GATEWAY WARD (CONT'D) Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, Planning Consultants, attended representing JHS Properties Limited respecting his client's applications for subdivision and zone change. He distributed a submission dated September 2003 providing a chronology of events dealing with heritage/park related issues pertaining to 381 Pioneer Tower Road. Mr. Britton stated that the fundamental issue came down to a choice between a park that was perfectly located in the community or the protection of heritage and presented four options for consideration in this regard. Mr. Britton also pointed out that when the plan of subdivision was first submitted, it did not include the barn and house which were added later in response to a proposal by City staff. He made detailed remarks on the planning process that has taken place and stated it was his opinion that a deferral to the next Committee meeting would not solve anything. During his presentation, he made references to documentation contained in his submission. Mr. Britton responded to several questions from the Committee regarding sale of the land, importance of the park to the community and trail linkages. On motion by Councillor J. Gazzola - 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 October 6, 2003 Development and Technical Services Committee meeting; and, That a meeting be held involving City staff, Regional staff, JHS Properties, and other parties with an interest in these applications for the purpose of finding a means of preserving the entire Sherk property including the barn and spring house foundation; and further, That staff prepare a report for consideration at the Committee meeting." In response to a question, Mr. L. Bensason confirmed that Heritage Kitchener would be considering designation of the Sherk property known municipally as 381 Pioneer Tower Road at it's meeting to be held on October 7, 2003. DTS-03-160 - 3131 KING STREET EAST DE-REGISTRATION OF REGISTERED PLAN RP 1762 HEFFNER INVESTMENTS LIMITED CHICOPEE-GRAND RIVER WARD The Committee was in receipt of Development & Technical Services Department report DTS-03- 160 dated September 15, 2003 dealing with a request from Heffner Toyota to de-register RP 1762 at 3131 King Street East. It was noted in the report that Registered Plan 1762 was registered in 1992 and created Heffner Court, a commercial block, storm water management block, and road widenings. The property owner has decided not to proceed with the registered plan and accordingly has requested it be de-registered so that a site plan application can be proceeded with to expand the existing car dealership. It was also specifically noted in the report that road widenings conveyed to the City, the Region and the Ministry of Transportation would not be reconveyed to the property owner. Mr. J. Willmer briefly summarized the purpose of the staff report and commented that the issue was one that rarely is considered by City Council. He pointed out that item number 3 which follows in these minutes is also linked to this request. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 22~ 2003 - 201 - CITY OF KITCHENER 2. DTS-03-160 - 3131 KING STREET EAST DE-REGISTRATION OF REGISTERED PLAN RP 1762 HEFFNER INVESTMENTS LIMITED CHICOPEE-GRAND RIVER WARD (CONT'D) Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, Planning Consultants attended on behalf of Heffner Toyota in support of the recommendation in the staff report. No other delegations were registered. On motion by Councillor B. Vrbanovic - it was resolved: "That approval be granted to the owner, Heffner Investments Limited, to act as the City's agent and initiate the process of de-registering RP 1762 through a Judge's Order including the conveyance of Heffner Court and Block 2 (storm water management block) from the City to Heffner Investments Limited and de-register any easements granted to the City that are deemed not to be required. It is the opinion of this Committee that approval is proper planning for the City." DTS-03-161 - 3085 AND 3095 KING STREET EAST DEMOLITION CONTROL APPICATION DC 031071KIDR HEFFNER INVESTMENTS LIMITED CHICOPEE-GRAND RIVER WARD The Committee considered Development & Technical Services Department report DTS-03-161 dated September 15, 2003 dealing with a demolition control application submitted by Heffner Investments Limited with respect to the properties known municipally as 3085 and 3095 King Street East. It was noted in the report that each property contains a single detached dwelling that the applicant proposes to demolish in order to redevelop/expand the existing car dealership on these 2 properties. Further, a site plan application has been submitted and received conditional approval, and the applicant has indicated development will proceed immediately after all required approvals are received. Mr. J. Willmer briefly explained the purpose of the application and noted this item was linked to the preceding item # 2 in these minutes. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, Planning Consultants attended on behalf of Heffner Investments Limited and indicated support for the staff recommendation. He commented on the purpose of the redevelopment which would allow for the Lexus brand to retain the existing facilities and have the Toyota brand locate into a new facility on the lands that are proposed for redevelopment. No other delegations were registered. On motion by Councillor B. Vrbanovic - it was resolved: "That Demolition Control Application DC 03/07/K/DR (Heffner Investments Limited), requesting approval for the demolition of two single detached dwellings, located at 3085 and 3095 King Street, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 22~ 2003 - 202 - CITY OF KITCHENER 4. DTS-03-154 - PRIVATE WELLS BY-LAW 2003-11 The Committee considered Development & Technical Services Department report DTS-03-154 dated September 10, 2003 dealing with private wells By-law 2003-11. It was noted in the report that the issue was discussed at the Development and Technical Services Committee meeting on January 6, 2003 and at City Council on January 13, 2003 at which time a strategy was adopted that approved 2 separate by-laws regarding the installation of private wells. By-law 2003-10 applied new regulations for private wells for the inner city area only and came into effect on January 13, 2003. By-law 2003-11 extends these regulations to all portions of the municipality but not until October 1, 2003. The intent of the October 1st date was to allow time for the Cities of Cambridge and Waterloo to consider the adoption of similar regulations for lands in their respective municipality prior to implementation by Kitchener. Mr. J. Willmer reported that the City of Waterloo was considering a similar by-law this date. He commented that the City of Cambridge was supportive of the Kitchener by-law provisions but was of the view that they could rely on an existing by-law to require connection to municipal water supply. Mr. Willmer indicated that he was not convinced the existing Cambridge by-law was equivalent to the Kitchener by-law and was hopeful that Cambridge staff would pursue it further with Cambridge Council. Also, he asked that the Committee take note of a letter dated September 10, 2003 from Mr. K. Eby, Region of Waterloo, commenting on the leadership shown by Kitchener and the significance of the by-law province-wide. On motion by Mayor C. Zehr - it was resolved: "That Kitchener Bylaw 2003-11 (Private Wells), approved by City Council on January 13, 2003 and scheduled to take effect on October 1,2003, not be rescinded." 5. DTS-03-162 - BUILDING AND FIRE PREVENTION REVIEW The Committee was in receipt of Development and Technical Services Department report DTS- 03-162 dated September 5, 2003 dealing with recommendations resulting from review of Building Division and Fire Division operations. The report comments on re-structuring approaches that evolved since 1996 to this point wherein the review has determined that operational efficiencies can be realized by reducing duplication and ensures the effective use of resources. Mr. J. Witmer pointed out that the staff report is meant to conclude discussion of the issue of possible amalgamation of building and fire prevention services. He commented on the analysis in the report and operational changes that had been made to ensure Building and Fire staff work co-operatively and avoid duplication. Mr. G. Stewart and Fire Chief R. Browning provided other supportive comment. On motion by Councillor J. Gazolla - it was resolved: A. That the following operational changes for the Building Division and the Fire Prevention Division be approved: Plan Examination: · That after consultation with Fire Prevention, Building Division staff will provide comments for Site Plan Applications and identify those items which are under the authority of the Ontario Fire Code, · That Building Division staff will complete Fire Code plan review on behalf of Fire Prevention for building permits. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 22~ 2003 - 203 - CITY OF KITCHENER 5. DTS-03-162 - BUILDING AND FIRE PREVENTION REVIEW (CONT'D) Building Inspection: · That Building Inspection staff will sign off applications for new licenses and Fire's signature will be eliminated, · That Fire Prevention staff will sign off applications for existing licenses and Building Division staffs signature will be eliminated, · That only Plumbing Inspection staff will sign off for all licenses, · That subject to achieving Provincial certification/accreditation for this work similar to that required for building inspectors, Fire Prevention staff be appointed as building inspectors under Chapter 101 of the City of Kitchener Municipal Code for the purpose of completing inspections for building permits issued for Inspection Orders or Notices. B. That the following joint activities (inter-dependence) be acknowledged: Pre-occupancy joint inspection walk-throughs for identification of special features, tactical issues, fire safety plans, fire extinguishers and exiting, Partial occupancy joint inspections to confirm the adequacy of access route locations, interim tactical fire suppression plans, and identification of floors to be occupied. C. That the following Performance Objectives be approved: · To eliminate the duplication in plan examination and inspections between Building and Fire staff for new permits and licenses, · To assure that permits for work done pursuant to Inspection Orders and Notices receive the prerequisite permits, · To increase the level of communication between Building and Fire by improved relationships and interaction, · The Building Division is to provide monthly reports for Fire Prevention identifying permit activity for industrial, commercial, institutional and multi-residential projects. D. Opportunities: That priority be given to ensure that Fire Prevention staff are each connected to AMANDA so that they are able to complete and record their required inspections for building permits and license applications, and further, That the current organizational and reporting structures for the Building and Fire Prevention Division's within the Development and Technical Services Department be retained, and that staff be directed to complete the operational recommendations as identified in the report." 6. NEW BUSINESS - PIONEER TOWER ROAD Councillor J. Gazolla advised that he was in receipt of complaints from property owners of Pioneer Tower Road, which was constructed to subdivision standards, having been covered with tar and chip to create a gravel style road. It was his understanding that the tar and chip road was a condition of a subdivision agreement which residents living nearby approximately 10 years ago had persuaded Council to include as a condition in the agreement. He indicated that a delegation representing approximately 20 families was expected at the September 29, 2003 Council meeting. Council questioned if there were other areas that could be similarly affected. Mr. G. Stewart advised that staff would identify such areas, related timing to comply with subdivision conditions and work with developers to halt compliance with any such similar condition requiring a tar and chip roadway. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 22~ 2003 - 204 - 7. ADJOURNMENT On motion, the meeting adjourned at 8.34 p.m. CITY OF KITCHENER L.W. Neil, AMCT Assistant City Clerk