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HomeMy WebLinkAboutDev & Tech Svcs - 2003-10-06DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 6~ 2003 CITY OF KITCHENER The Development and Technical Services Committee met this date commencing at 7:00 p.m. under Councillor C. Weylie, Chair, with the following members present: Mayor C. Zehr and Councillors B. Vrbanovic, G. Lorentz, J. Smola, J. Gazzola and Councillor M. Galloway. Councillors J. Smola and B. Vrbanovic were present for part of the meeting. Officials Present: Ms. F. McCrea and Messrs. G. Stewart, J. Willmer, R. Browning, L. Bensason, L. Masseo, R. Shamess, B. Sloan and L.W. Neil. DTS-03-168 - HIGHLAND CRESCENT- ON-STREET PARKING WEST-VICTORIA PARK WARD The Committee considered Development and Technical Services Department report DTS-03- 168 dated September 22, 2003 dealing with prohibition of parking on a portion of Highland Crescent. On motion by Councillor G. Lorentz - it was resolved: "That parking be prohibited at anytime on the west side of Highland Crescent from a point 115 metres south of Wycliffe Place to a point 15 metres south thereof; and further, That the Uniform Traffic By-law be amended accordingly." 2. DTS-03-167 - WEBER STREET AND LOUISA STREET INTERSECTION AND LANCASTER STREET NORTH OF VICTORIA STREET REQUEST FROM THE REGION OF WATERLOO FOR EXEMPTION TO KITCHENER MUNICIPAL CODE CHAPTER 450 (NOISE) RAILWAY CROSSINGS - PAVING AND REPAIRS BRIDGPORT-CENTRE WARD The Committee received Development and Technical Services Department report DTS-03-167 dated September 16, 2003 dealing with a request received from the Region of Waterloo for exemption from the City's Noise By-law in order to undertake paving and repair work at two railway-crossing locations. On motion by Councillor G. Lorentz - 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 railway crossings paving and repair work. This work will take place at the intersection of Weber St and Louisa Street and Lancaster Street north of Victoria Street. The request for the exemption is between the hours of 7:00 p.m. to 7:00 a.m. for the period falling between September 29 to October 31,2003 (two days of work)." DTS-03-171 - ACTIVA AVENUE AT BRIDLEWREATH STREET SCHOOL PEDESTRIAN SAFETY-ADULT CROSSING GUARD SOUTH WARD The Committee considered Development and Technical Services Department report DTS-03- 171 dated September 30, 2003 which addresses the need for school pedestrian safety by installing an adult crossing guard facility on Activa Avenue. On motion by Councillor G. Lorentz - it was resolved: "That effective immediately an Adult Crossing Guard facility be established on Activa Avenue at Bridlewreath Street; and that the funds necessary to implement this facility be considered an over-expenditure of the 2003 Operating Budget." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 6~ 2003 - 206- CITY OF KITCHENER 4. DTS-03-172 - ADDENDUM TO REPORTS 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 again 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 Limited) and report DTS-03-147 (addendum to DTS-03-122). These reports were previously considered at the August 11 and September 22, 2003 Development and Technical Services Committee meetings and referred to the meeting this date for the purpose of finding a means of preserving the entire Sherk property including the barn and springhouse foundation with direction being given that staff prepare a report for consideration at the meeting this date. In this regard, the Committee was in receipt of Development and Technical Services Department report DTS-03-172 prepared as an addendum to reports DTS-03-122 and DTS-03-147. In this latest report it is recommended that staff be given direction on any revisions to the proposed by- law and conditions of subdivision approval as set out in the 2 previous staff reports. Mr. J. Willmer briefly summarized the recommendation and content in report DTS-03-172 and referred the Committee to the 6 suggested options outlined in the staff report. He did note that reference to Area 9 at the end of Option 1 should read as Area 2. Mr. Z. Janecki, Planning and Engineering Initiatives, attended on behalf of 346874 Ontario Limited to advise that his client was in agreement with the recommendation in the staff report. He indicated that they were strongly in support of the heritage component pertaining to the ridge lands and strongly recommended that the Sherk property be preserved in order that both the Sherk and Betzner properties could function together. Mr. John Ariens attended in support of his October 6, 2003 e-mail correspondence which was circulated to the Committee this date. Mr. Ariens advised that he has purchased the Betzner property and accordingly now had an interest in the adjacent lands of JHS Properties. He indicated that he was opposed to potential residential development of the Block 2 lands (barn property) as new houses would negatively impact the existing preserved heritage features. In summary, he commented that he was in support of Option # 1 in the staff report and endorsed public ownership of floodplain lands. Mr. Tommy Zaja, Cambridge, advised that he was constructing residential dwellings in the community and had just been made aware of the proposals to relocate parklands. It was his view that locating a playground on a main road was not logical or safe. Mr. Tim Heisler attended as both a resident and a builder of the Deer Ridge community. He commented that the proposal to relocate the park would mean fewer children would benefit from its location and that in fact a shift in the park did create additional danger for children using the park. In addition, he pointed out that he had customers who had specifically purchased their property because of the present location of the proposed park and they would be strongly opposed to its relocation. Mr. Charles Kuiken, attended representing Charleston Homes which has built 100 homes in the immediate area and asked that the park and playground location be left as previously designated given the large number of customers who had already been informed of the existing planned location of the park. Mr. Vernon Sherk again attended on behalf of the Sherk and Gingrich families and advised that Option # 1 listed in the staff report was satisfactory to the families as it maintains the barn and springhouse features of the Sherk Property. Further, he suggested that the current location of the proposed parkette has homes on 3 sides and wetlands on the other side and was in fact an undesirable location that did not enhance the safety of children using the park. He commented that Option 1 corrects that problem of a blind spot within the park and provides a continuous line of preservation with respect to the Betzner and Sherk properties which were one of the most significant historical features within Waterloo Region. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 6~ 2003 - 207- CITY OF KITCHENER 4. DTS-03-172 - ADDENDUM TO REPORTS 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. Barry Horasko, Bradley Partners, attended along with Mr. Paul Britton to represent the owners of JHS Properties Limited. He referred to staff support for Option # 1 in report DTS-03- 172 and advised that a major problem with that option was that it needs the consent of JHS Properties because the land necessary was outside the plan of subdivision and his client was opposed to that option. Mr. Horasko referred the Committee to the recommendation contained in the August staff report and noted that in effect it was Option # 4 in report DTS-03-172. He further commented that as a result of the 1996 Ontario Municipal Board Hearing, JHS Properties resolved all issues with the Region and the City and that JHS was just asking to be treated fairly and equitably with respect to their applications. He referred to the Calder lands where the City had paid market value to achieve a preservation objective and suggested that if the Sherk lands were similarly important, the City should undertake financial acquisition. He recommended issues being considered be dealt with separately. Accordingly, the site of parkland should be chosen based on best location and not influenced by other considerations; while the zoning process should be completed and acquisition negotiated if any lands were needed for other purposes. He commented on the opportunity for preservation that Option # 4 represented and noted that Option # 1 was rejected by City staff. Finally, he pointed out that with Option # 1, the barn would be demolished to make way for a park on a ridge that really was not a place for children to play and strongly recommended the park be left where it has been planned. Mayor C. Zehr questioned if JHS Properties was prepared to sell the Sherk property and the response was that anything is for sale. Mr. P. Britton advised that the Sherk property will be actively marketed for sale once the zoning is in place but the property has not been appraised at this time. In response to other questions, Mr. Britton noted that JHS has already partnered with the City on many issues relating to the development of the Pioneer Tower area. He commented on activity that would take place to market the Sherk property during the 2 year time period and indicated a willingness to work toward preservation of the property. No other delegations were registered respecting this matter. In response to questions, Mr. J. Willmer advised that park staff prefer the existing location of the park and 4 subdividers originally were involved at the Ontario Municipal Board, but 6 different subdividers have been active in the area. He acknowledged that Option # 1 was discarded earlier and commented it was only since the August and September meetings that park staff had agreed to relocation of the park. In response to an earlier delegation comment, he disagreed that park policy was being mis-used. Other questions were raised respecting the Sherk house and the floodplain lands and he clarified that the whole property was subject to the 2 year marketing condition; after which, the house and floodplain lands could be sold. Councillor J. Gazzola advised that he was prepared to introduce a motion to approve Option # 1 contained in report DTS-03-172 given that the ultimate objective was to preserve the strip of land. A general discussion took place respecting the merits and impacts of Option # 1 as it relates to the applicant. Councillor B. Vrbanovic expressed concern at the lack of visibility of the planned park site and requested staff consider shifting the play area in order for it to be visible from Deer Ridge Drive; and also agreed on the need for the ridge to be preserved. Councillor G. Lorentz stated that he was opposed to Option # 1, particularly with new home owners having relied on available information regarding the park location to make new home purchase decisions. He supported Option # 4 and suggested in the next 2 years further work could take place to achieve preservation. Councillors J. Smola and M. Galloway supported Councillor G. Lorentz's remarks. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 6~ 2003 - 208- CITY OF KITCHENER 4. DTS-03-172 - ADDENDUM TO REPORTS 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. J. Willmer clarified that the status of the park being referred to was simply a proposed park in a draft plan of subdivision and was a concept only at this time which builders have promoted as a marketing tool to current and prospective purchasers. He also commented it was his view that all parties had undertaken recent discussions in good faith with no consensus being achieved. However, the reality was that any decision on any one of the options could result in an appeal to the Ontario Municipal Board. Further discussion took place regarding delays resulting from an appeal to the Ontario Municipal Board and the benefit of Option # 1 which allows for further discussion to achieve preservation objectives. On motion by Councillor J. Gazzola - it was resolved: "That with respect to Zone Change Application ZC 96/30/P/JG (381 Pioneer Tower Road - JHS Properties Limited) and Subdivision Application 30T-96004 considered within Development and Technical Services Department reports DTS-03-122, DTS-03-147 and DTS-03-172, planning staff be directed to prepare a report containing revised recommendations regarding the zoning by-law and subdivision conditions necessary to implement development option # 1 described in Development and Technical Services Department report DTS-03-172 as follows: 'Take the barn site (shown as Area 9 on Map No. 1 of the draft zoning by-law attached to report DTS-03-122) as park dedication, allow the proposed park site (Area 2) to be developed as residential lots on a cul-de-sac and provide playground equipment on part of the Open Space block immediately west of Area 2'." Councillor M. Galloway asked if staff could comment at the October 20, 2003 Council meeting on the feasibility of a possible Option 7 suggested by Mayor Zehr which leave the flood plain and farm buildings out of the plan of subdivision and not re-zone the lands, thus allowing time for the developer to market the Sherk property. Councillor B. Vrbanovic left the meeting at this point. DTS-03-159 - HOMER WATSON BOULEVARD / BLOCK LINE ROAD (SOUTHEAST CORNER) MUNICIPAL PLAN AMENDMENT APPLICATION MP 02/08/H/BS ZONE CHANGE APPLICATION ZC 02/06/H/BS (TWO PROPOSED BY- LAWS) REPEAL OF COUNTRY HILLS EAST COMMUNITY PLAN D.G.F. INVESTMENTS LIMITED FAIRVIEW-GATEWAY WARD The Committee was advised that D.G.F. Investments Limited has submitted applications for a Municipal Plan amendment and 2 zone changes with respect to lands situated at the southeast corner of Homer Watson Boulevard and Block Line Road. In conjunction with these applications, it is proposed to repeal the Country Hills East Community Plan. The applicant proposes to amend the existing zoning of the subject site in addition to amending the Municipal Plan designation for a portion of the site. The owner proposes to amend the zoning to Neighbourhood Shopping Centre (C-2) with special use and regulation provisions and to R-8 with a special regulation provision. This would allow for a range of neighbourhood commercial uses, in addition to retail office and multiple dwellings subject to certain limitations and regulations. The R-8 zoning would permit residential development up to 12 storeys in height and requires a municipal plan amendment in order to change the existing Low-Rise Residential DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 6~ 2003 5. DTS-03-159 - - 209- CITY OF KITCHENER HOMER WATSON BOULEVARD / BLOCK LINE ROAD (SOUTHEAST CORNER) MUNICIPAL PLAN AMENDMENT APPLICATION MP 02/08/H/BS ZONE CHANGE APPLICATION ZC 02/06/H/BS (TWO PROPOSED BY- LAWS) REPEAL OF COUNTRY HILLS EAST COMMUNITY PLAN D.G.F. INVESTMENTS LIMITED FAIRVIEW-GATEWAY WARD (CONT'D) designation to Medium-Rise Residential. In this regard, the Committee considered Development and Technical Services Department report DTS-03-159 dated September 12, 2003 and 2 proposed zoning by-laws each dated September 12, 2003 attached to the report. Also attached to the report was the document to amend the Municipal Plan. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Councillor C. Weylie, Chair, read the following statement: 'This is a Public Meeting under 'The Planning Act, 1996' to consider Municipal Plan Amendment Application MP 02/08/H/BS. Section 17 (45) of the Planning Act allows the Ontario Municipal Board to dismiss all or part of an appeal without holding a hearing if the appellant did not make oral submissions at a public meeting or did not make written submissions to the council before the plan was adopted and, in the opinion of the Board, the appellant does not provide a reasonable explanation for having failed to make a submission. In order to ensure the record includes all the names of those individuals who are making verbal submissions today for this Municipal Plan Amendment, please ensure that you clearly identify yourself before you begin your submissions and the Clerk will record your name for the record. If your name does not appear on the record, you may jeopardize any further involvement you wish to have in these matters. Any recommendation made by the Development & Technical Services Committee on these matters today will be considered by City Council on October 20, 2003. If City Council adopts the amendments, they will proceed to the Regional Municipality of Waterloo who has the final approval authority for Municipal Plan Amendments. They are also the body to whom appeals are sent. Further information on these procedures is available from the City's Development and Technical Services Department or the Region's Department of Planning and Culture.' Mr. B. Sloan reviewed the applications under consideration and provided an explanation of the commercial zoning proposed for the northerly section of the property and the residential zoning proposed for the southerly section of the property. He advised that report DTS-03-177 dated October 6, 2003 had been circulated this date and contained 2 revised proposed by-laws each dated October 6, 2003 to be substituted in place of the 2 by-laws dated September 12, 2003 attached to report DTS-03-159. The revisions to the proposed by-laws and to the Municipal Plan amendment are considered to be minor and are listed in the staff report. Mr. Sloan then referred to a letter dated October 3, 2003 received from Mr. Paul Grespan, on behalf of Drewlo Holdings Limited, and circulated this date outlining a number of concerns regarding the proposed process and / or planning applications of D.G.F. Investments. He noted that staff do not have any concerns with the D.G.F. Investments applications proceeding at this time. Ms. Michelle Des Rosiers attended representing D.G.F. Investments' applications to develop the approximate 10 acre site at the southeast corner of Homer Watson Boulevard and Block Line Road. Before beginning her presentation, she indicated she had just been made aware of the letter from Paul Grespan. Ms. Des Rosiers advised that an agreement had been entered with Drewlo Holdings in response to access issues raised by the Region and then gave an overhead DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 6~ 2003 -210- CITY OF KITCHENER 5. DTS-03-159 - (SOUTHEAST HOMER WATSON BOULEVARD / BLOCK LINE ROAD CORNER) MUNICIPAL PLAN AMENDMENT APPLICATION MP 02/08/H/BS ZONE CHANGE APPLICATION ZC 02/06/H/BS (TWO PROPOSED BY- LAWS) REPEAL OF COUNTRY HILLS EAST COMMUNITY PLAN D.G.F. INVESTMENTS LIMITED FAIRVIEW-GATEWAY WARD (CONT'D) presentation in support of the applications, noting that in May 2003, an updated agreement had been reached with Drewlo Holdings. She then commented on what they wished to achieve with the commercial and residential re-zonings. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning, attended on behalf of Paul Grespan and Drewlo Holdings to support the issues raised in Mr. Grespan's letter. He indicated that his client was not necessarily opposed to the D.G.F. Investments applications but rather wished to obtain clarifications and to ensure regard is given to sanitary and traffic capacities relating to impact of the development on his client's lands. Mr. Britton commented on these issues as they relate to proposed densities within the applications and access / design issues impacting the Drewlo lands. Mr. B. Sloan responded to Mr. Britton's presentation commenting on vehicular access and capacity issues and noted that transportation planning staff are satisfied that a traffic study is not needed at this time. Mr. R. Shamess remarked on intersection signalization required upon buildout of the future subdivisions. Mr. Z. Janecki, Planning and Engineering Initiatives, and Ms. Des Rosiers made final remarks respecting an access road, a traffic study being impractical until zoning is in place and the concerns and issues that were raised at the eleventh hour within Mr. Grespan's letter. No other delegations were registered respecting this matter. Staff recommended the Committee approve the revised recommendations and proposed by-laws contained in report DTS-03-177. Mayor C. Zehr requested assurance that traffic and sanitary issues have been addressed before the Committee recommendation is ratified by Council on October 20, 2003. On motion by Councillor G. Lorentz - it was resolved: "A. That Municipal Plan Amendment Application MP 02/08/H/BS (Homer Watson Boulevard / Block Line Road - D.G.F. Investments Ltd.) requesting a change in designation from Low Rise Residential to Medium Rise Residential with Special Policy #37, be approved, in the form shown in the 'Municipal Plan Amendment' attached to report DTS-03-177, without conditions, and accordingly forwarded to the Region of Waterloo; and further, It is the opinion of this Committee that approval of this application is proper planning for the City. That Zone Change Application ZC 02/06/H/BS (Homer Watson Boulevard / Block Line Road - D.G.F. Investments Ltd.) requesting a change from Residential Eight Zone (R-8) with special use provision 175U, Residential Six Zone (R-6), and Hazard Land Zone (P-3) to Residential Eight Zone (R-8) with special regulation provision 372R, be approved, in the form shown in the "Proposed By-law (A)", dated October 6th, 2003 attached to report DTS-03-177, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is conformity with a recommended Amendment (City of Kitchener - Homer Watson Boulevard / Block Line Road - D.G.F. Investments Ltd.) to the City's Municipal Plan. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 6~ 2003 5. DTS-03-159 - -211- CITY OF KITCHENER HOMER WATSON BOULEVARD / BLOCK LINE ROAD (SOUTHEAST CORNER) MUNICIPAL PLAN AMENDMENT APPLICATION MP 02/08/H/BS ZONE CHANGE APPLICATION ZC 02/06/H/BS (TWO PROPOSED BY- LAWS) REPEAL OF COUNTRY HILLS EAST COMMUNITY PLAN D.G.F. INVESTMENTS LIMITED FAIRVIEW-GATEWAY WARD (CONT'D) That Zone Change Application ZC 02/06/H/BS (Homer Watson Boulevard / Block Line Road - D.G.F. Investments Ltd.) requesting a change from Service Commercial Zone (C-6) with special use provision 85U, Residential Eight Zone (R-8) with special use provision 175U and Residential Six Zone (R-6) to Neighbourhood Shopping Centre Zone (C-2) with revised special use provision 85U and special regulation 371R, be approved, in the form shown in the "Proposed By-law (B)", dated October 6th, 2003 attached to report DTS-03-177, 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. D. That the Country Hills East Community Plan be repealed." DTS-03-169 - ADDENDUM TO REPORT DTS-03-090 HOUSEKEEPING AMENDMENTS MUNICIPAL PLAN AMENDMENT APPLICATION MP 03/01/TC/LM CITY INITIATED CHICOPEE-GRAND RIVER WARD, FAIRVIEW-GATEWAY WARD AND WEST-VICTORIA PARK WARD The Committee was in receipt of Development and Technical Services Department report DTS- 03-169 dated September 26, 2003 dealing with a City initiated application to undertake various housekeeping amendments to the Municipal Plan that would correct minor mapping errors and edit / delete certain policies. It was noted in the report that at its June 23, 2003 meeting, the Development and Technical Services Committee had deferred consideration of the application to allow staff to notify affected property owners and to undertake appropriate circulation to neighbouring property owners. The staff report points out that only 1 inquiry and no written correspondence was received in response to the circulation requested by the Committee. Accordingly, staff recommend approval of their earlier recommendation. In this regard, the Committee considered Development and Technical Services Department report DTS-03-090 dated May 28, 2003 and a Municipal Plan Amendment document entitled 'Houskeeping Amendments' attached to the report, all of which was attached to Addendum report DTS-03-169. It was pointed out that notice that the Committee would hold a public meeting this date had previously been given. Councillor C. Weylie, Chair, read the following statement: 'This is a Public Meeting under 'The Planning Act, 1996' to consider Municipal Plan Amendment Application MP 03/O1/TC/LM. Section 17 (45) of the Planning Act allows the Ontario Municipal Board to dismiss all or part of an appeal without holding a hearing if the appellant did not make oral submissions at a public meeting or did not make written submissions to the council before the plan was adopted and, in the opinion of the Board, the appellant does not provide a reasonable explanation for having failed to make a submission. In order to ensure the record includes all the names of those individuals who are making verbal submissions today for this Municipal Plan Amendment, please ensure that you clearly identify yourself before you begin your submissions and the Clerk will record your name for the record. If your name does not appear on the record, you may jeopardize any DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 6~ 2003 - 212- further involvement you wish to have in these matters. CITY OF KITCHENER 6. DTS-03-169 - ADDENDUM TO REPORT DTS-03-090 HOUSEKEEPING AMENDMENTS MUNICIPAL PLAN AMENDMENT APPLICATION MP 03/01/TC/LM CITY INITIATED CHICOPEE-GRAND RIVER WARD, FAIRVIEW-GATEWAY WARD AND WEST-VICTORIA PARK WARD (CONT'D) Any recommendation made by the Development & Technical Services Committee on these matters today will be considered by City Council on October 20, 2003. If City Council adopts the amendments, they will proceed to the Regional Municipality of Waterloo who has the final approval authority for Municipal Plan Amendments. They are also the body to whom appeals are sent. Further information on these procedures is available from the City's Development and Technical Services Department or the Region's Department of Planning and Culture.' Mr. L. Masseo summarized the purpose of the original report and the addendum report and specifically noted that only 1 response had been received to the direction given by the Committee on June 23, 2003. No delegations were registered respecting this matter. On motion by Mayor C. Zehr - it was resolved: "That Council approve Municipal Plan Amendment Application MP 03/01/TC/LM (City Initiated Housekeeping Amendments) being an amendment to: A. Amend Map 5- Land Use Plan By: Designating the lands within the southeast portion of the Sportsworld Drive interchange with Highway #8 as "Planned Commercial Campus" instead of "Highway Commercial" as shown on the attached Schedule 'A', Land Use Plan; ii) Designating the lands described as Part of Lot 7, Registered Plan 757, as "Primary Node" instead of "Highway Commercial" as shown on the attached Schedule 'B', Land Use Plan; iii) Designating the lands described as Part of Lot 6, Registered Plan 988, municipally known as 605 Vanier Drive as "Open Space" instead of "Highway Commercial" as shown on the attached Schedule 'B', Land Use Plan; iv) Designating the lands described as Part of Lot 20, Registered Plan 959, more particularly described as Part 1 on Reference Plan 58R-4836, municipally known as 55 Morgan Avenue, and Part of Lot 20, Registered Plan 959, municipally known as 63 Morgan Avenue as "Primary Node" instead of "Low Rise Residential" as shown on the attached Schedule 'B', Land Use Plan; B. Amend Map 6 - Fairway Primary Node Subdistricts By: Adding the lands described as Part of Lot 7, Registered Plan 757 within the boundaries of the Fairway Primary Node - Fairway Road Commercial Corridor as shown on the attached Schedule 'C', Fairway Primary Node Subdistricts; ii) Deleting the portion of the Hydro Electric Power Corridor from the boundaries of the Fairway Primary Node as shown on the attached Schedule 'C', Fairway Primary Node Subdistricts; DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 6~ 2003 6. DTS-03-169 - -213- CITY OF KITCHENER ADDENDUM TO REPORT DTS-03-090 HOUSEKEEPING AMENDMENTS MUNICIPAL PLAN AMENDMENT APPLICATION MP 03/01/TC/LM CITY INITIATED CHICOPEE-GRAND RIVER WARD, FAIRVIEW-GATEWAY WARD AND WEST-VICTORIA PARK WARD (CONT'D) C. Amend Map 18 - K-W Hospital Neighbourhood Secondary Plan By: Deleting Special Policy Area "16" from the lands known as 595-599 Park Street and replacing it with Special Policy Area "18", as shown on the attached Schedule 'D', "K-W Hospital Neighbourhood Secondary Plan"; and D. Renumber Part 3, Policy 13.7.4.16 as it relates to 595-599 Park Street to Part 3, Policy 13.7.4.18. E. Deleting Part 3, Policy 13.7.4.17 (828 King Street West). It is the opinion of this Committee that approval of this application is proper planning for the City." DTS-03-170 - 1522 KING STREET EAST DEMOLITION CONTROL APPLICATION DC 031081KICB A& F GREENFIELD HOMES BRIDGEPORT-CENTRE WARD The Committee was in receipt of Development and Technical Services Department report DTS- 03-170 dated July 2, 2003 dealing with a demolition request submitted by Greenfield Homes with respect to the property known municipally as 1522 King Street East. Mr. L. Masseo briefly summarized the purpose of the application and advised that staff had nothing further to add. Mr. Adorian Rosu attended on behalf of the applicant to indicate support of the recommendation contained in the staff report. No other delegations were registered respecting this matter. On motion by Councillor G. Lorentz - it was resolved: "That Demolition Control Application DC 03/08/K/CB (Greenfield Homes), requesting permission to demolish one single detached dwelling located at 1522 King Street East, legally described as Tract German Company Sub Lot 1 Part Lot 5, be approved in principle, subject to the following conditions: 1) That the owner obtain final Site Plan Approval; and, 2) That the owner obtains a building permit for the proposed development. Upon satisfaction of conditions 1 and 2, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act. The demolition permit will be subject to the following condition: 1) That in the event that construction of the new 20-unit residential building is not substantially complete within 2 years of the date that demolition is commenced, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until payment thereof, be a lien or charge upon the land in respect of which the DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 6~ 2003 - 214- permit to demolish the residential property is issued. CITY OF KITCHENER 7. DTS-03-170 - 1522 KING STREET EAST DEMOLITION CONTROL APPLICATION DC 03/08/K/CB A& F GREENFIELD HOMES BRIDGEPORT-CENTRE WARD (CONT'D) In addition, the applicant is encouraged to properly document the driveshed through measured drawings. It is the opinion of this Committee that approval of this application is proper planning for the City." = DTS-03-173 - PIONEER TOWER ROAD SURFACE TREATMENT FAIRVIEW-GATEWAY WARD The Committee considered Development and Technical Services Department report DTS-03- 173 dated October 6, 2003 addressing the issue of tar and chip road surface treatment that was recently applied on a portion of Pioneer Tower Road. The report was prepared in response to concerns expressed by a delegation that appeared at the September 29, 2003 Council meeting. In addition, background information related to conditions of subdivision as approved by the Ontario Municipal Board was also explained in the staff report and it was noted that the conditions could not be altered without approval of the Ontario Municipal Board. This includes the requirement to upgrade existing rural roads, including those sections of Pioneer Tower Road remaining open to vehicular traffic to a modified standard including tar and chip surface, which the developer had undertaken to fulfil it's obligations under the subdivision agreement by applying the tar and chip road surface treatment. Mr. J. Willmer provided a brief explanation of the staff report and noted that the recommendation in the report should be revised so as to refer to properties on Pioneer Tower Road between 182 - 266 rather than 210 - 262. On motion by Councillor J. Gazzola - it was resolved: "That a Public Meeting be held in the Council Chambers at 6:30 p.m. on October 20, 2003 to consider restoring the road surface to asphalt, from 182 Pioneer Tower Road to 266 Pioneer Tower Road, and to consider eliminating the requirement to apply tar and chip surfacing to other roads within the Pioneer Tower West community as required in certain subdivision agreements; and, That Planning staff be directed to give notice of the Public Meeting as appropriate; and, That Engineering and Operations staff be given direction regarding the timing of and funding for any road resurfacing, as determined by Council; and further, That in formulating recommendations on Draft Plans of Subdivision, Planning staff give heightened consideration to all matters which may require notification in agreements of purchase and sale." = DTS-03-174 - 117 AND 121 OTTAWA STREET NORTH DEMOLITION CONTROL APPLICATION DC 03109101TMW KITCHENER CHURCH OF GOD BRIDGEPORT-CENTRE WARD The Committee was in receipt of Development and Technical Services Department report DTS- 03-174 dated October 1, 2003 dealing with a demolition application submitted by the Kitchener Church of God with respect to property known municipally as 117 and 121 Ottawa Street North. It was pointed out in the report that the subject properties are located on the south side of Ottawa Street, just west of the Ottawa and Weber Streets intersection and contain 2 single detached DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 6~ 2003 - 215- CITY OF KITCHENER dwellings that were constructed in approximately 1949 and 1951. The applicant DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 6~ 2003 -216- CITY OF KITCHENER 9. DTS-03-174 - 117 AND 121 OTTAWA STREET NORTH DEMOLITION CONTROL APPLICATION DC 03/09/O/TMW KITCHENER CHURCH OF GOD BRIDGEPORT-CENTRE WARD (CONT'D) proposes to demolish the dwellings to expand the existing religious institutional use at 533 Weber Street East and to relocate and expand an existing parking area in conjunction with the addition to the church. Staff had nothing further to add to the report under consideration. No delegations were registered respecting this matter. On motion by Mayor C. Zehr - it was resolved: "That Demolition Control Application DC 03/09/O/TMW (Kitchener Church of God), requesting approval for the demolition of two single detached dwellings, located at 117 and 121 Ottawa Street North, on lands legally described as Part of Lot 26, Registered Plan 656, be approved in principle, subject to the following conditions: 1) That the owner receive final approval of Site Plan Application SP 03/41NV/TMW and that the Section 41 Agreement be registered on title to the subject property and that all "pre- building permit conditions" of the Agreement be satisfied prior to the owner receiving any demolition and/or building permits. 2) That the owner obtains a building permit for the proposed development; and further, Upon the satisfaction of Conditions 1 and 2, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act. The demolition permit will be subject to the following condition: 1) That in the event the expansion to the existing religious institution is not substantially complete within 2 years of the date of demolition is commenced, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000.00 for each dwelling unit in respect of which the demolition permit is issued and such sum shall, until payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. It is the opinion of this Committee that approval of this application is proper planning for the City." On motion, it was agreed to refer the recommendation to the special Council meeting to be reconvened immediately following this meeting. 10. DTS-03-175 - 640 HIDDEN VALLEY ROAD DEMOLITION CONTROL APPLICATION DC 031101HITMW DAN SACK FAIRVIEW-GATEWAY WARD The Committee considered Development and Technical Services Department report DTS-03- 175 dated October 1, 2003 dealing with a demolition application submitted by Dan Sack with respect known to the property known municipally as 640 Hidden Valley Road. It was noted in the report that the subject property was located on the easterly side of Hidden Valley Road and bounded by the Grand River to the east. The property contains a single detached dwelling that was constructed in approximately 1977 and the applicant proposes to demolish the dwelling and construct a new single detached dwelling in it's place. Staff had nothing further to add respecting the report under consideration. No delegations were registered respecting this matter. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 6~ 2003 -217- CITY OF KITCHENER 10. DTS-03-175 - 640 HIDDEN VALLEY ROAD DEMOLITION CONTROL APPLICATION DC 03/10/H/TMW DAN SACK FAIRVIEW-GATEWAY WARD (CONT'D) On motion by Councillor G. Lorentz - it was resolved: "That Demolition Control Application DC 03/10/H/TMW (Dan Sack), requesting approval for the demolition of a single detached dwelling, located at 640 Hidden Valley Road, on lands legally described as Lot 14, Registered Plan 1523, be approved in principle, subject to the following conditions: 1) That the City is advised by the Grand River Conservation Authority that a Fill, Construction and Alteration to Waterways Permit is not required. 2) That the owner obtains a building permit for the new single detached dwelling. Upon the satisfaction of Conditions 1 and 2, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act. The demolition permit will be subject to the following condition: 1) That in the event that the construction of the new single detached dwelling is not substantially complete within 2 years of the date of demolition is commenced, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000.00 for each dwelling unit in respect of which the demolition permit is issued and such sum shall, until payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. It is the opinion of this Committee that approval of this application is proper planning for the City." On motion, it was agreed to refer the recommendation to the special Council meeting to be reconvened immediately following this meeting. 11. ADJOURNMENT On motion, the meeting adjourned at 9:36 p.m. L.W. Neil, AMCT Assistant City Clerk