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HomeMy WebLinkAboutCouncil Minutes - 2004-02-02 SSPECIAL COUNCIL MINUTES FEBRUARY 2, 2004 CITY OF KITCHENER A special meeting of City Council was held at 5:05 p.m. this date, Chaired by Mayor C. Zehr and with all members present. Notice of this special meeting had been previously given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. Council was in receipt of Corporate Services Department report CRPS-04-021 (F. McCrea), dated January 28, 2004, regarding obtaining an easement in order to provide a sanitary sewer outlet to Stages 1 and 2 of Plan of Subdivision 30T-86035 (Drewlo Holdings). Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the Corporation of the City of Kitchener obtain an easement over lands owned by Her Majesty the Queen in Right of Ontario, described as Part Lot 14, RCP 1482, designated as Parts 2 and 3 on Reference Plan 58R-13775 in the City of Kitchener, for purposes of a sanitary sewer; and, That the Mayor and Clerk be authorized to execute an easement agreement and such other documentation, as approved by the City Solicitor; and further, That the City Solicitor be authorized to electronically sign for completeness and release any document required to be registered on title electronically." Carried. Notice was given by Councillor C. Weylie at the January 26, 2004 Council meeting that she would introduce a Motion for Reconsideration at the meeting this date of the resolution adopted by City Council on December 15, 2003 regarding Zone Change Application ZC 02/06/H/BS (DGF Investments Limited). MOTION TO RECONSIDER Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Council reconsider its December 15, 2003 resolution with respect to Clause 2C of the Development and Technical Services Committee report pertaining to Zone Change Application ZC 02/06/H/BS (Homer Watson Boulevard / Block Line Road - DGF Investments Limited)." Carried Unanimously. Council was in receipt of Development and Technical Services Department report DTS-04-010 (L. Masseo), dated January 29, 2004, recommending that Clause 2B of the December 15, 2003 report of the Development and Technical Services Committee which was referred to the meeting this date, be amended to include: holding provisions to provide for required Regional and City transportation improvements; to change reference in the access provision from 'direct' to 'primary'; and, that the Mayor and Clerk be authorized to execute an agreement to provide for acceptable arrangements for the required City transportation improvements. Michelle DesRosiers and Dean Feltham attended on behalf of DGF Investments Limited requesting that with respect to their development applications, Council adopt a by-law to implement the Municipal Plan Amendment which was approved on December 15, 2003, give three readings to the by-law to implement the residential zone changes and to give three readings to a by-law to implement the commercial zone changes which would not include any holding provisions as being recommended by staff. Ms. DesRosiers explained that after meeting with both and City and Regional staff, there appear to be two outstanding issues regarding traffic with respect to the proposed development. The Regional issue is the right turn lane at the intersection of Homer Watson Boulevard and Block Line Road and the City's issue is the left turn lane on Block Line Road at Fallowfield Drive. Ms. DesRosiers pointed out that the by-law being recommended by staff included holding provisions to ensure that these traffic concerns and the financial resources required are addressed. She requested that Council consider an offer from DGF Investments Limited for the payment of $3,685. being the costs for the incremental extension of the turn lanes on Block Line SPECIAL COUNCIL MINUTES FEBRUARY 2, 2004 - 35 - CITY OF KITCHENER Road, and an agreement between the City and DGF Investments regarding this traffic matter. Ms. DesRosiers also pointed out that with respect to the proposed holding provisions regarding the Region's traffic concern, the Region has indicated that amendments to the Development Charges By- law, to be implemented in the Summer of 2004, will include the costs for turn lanes as part of the Development Charges. She explained that with this proposed change to the Development Charges By-law the issue regarding financial resources with respect to the right turn lane will no longer be an issue for the Region and therefore, the holding provisions should not be required. Mr. Dean Feltham pointed out that the proposed by-law did contain two technical errors which should be corrected. One was that the legal description did not include the residential Block H and that reference to Special Use Provision 85U should read 'revised Special Use Provision 85U'. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning Consultants, attended on behalf of Drewlo Holdings which has property adjacent to the DGF lands. Mr. Britton advised that the issues regarding traffic and sewer capacity have for the most part been resolved but that he supports staff's recommendation that the Zoning By-law include holding provisions to ensure that the traffic matters are addressed. Mr. Britton added that although a letter from Mr. Rob Shamess confirms that there is sewage capacity for both the Drewlo and DGF developments, he requested that Council pass a resolution committing to the allocation of the sanitary sewer capacity for the proposed developments as they are currently zoned. In response to the request by Mr. Britton for the resolution regarding sewer capacity allotment, staff confirmed there is sufficient sanitary sewer capacity for the proposed developments and that the requested resolution was not required. G. Stewart pointed out that allocating capacities to specific developments could lead to legal problems should the lands not be developed as proposed. Mayor C. Zehr questioned the need for the holding provisions asking if the holding provision could be lifted due to a policy change such as a Development Charges By-law and if there was a cost to the land owners by having the holding provisions. L. Masseo explained that in order for DGF to remove the holding provisions, they would need to go through the zone change process and although minor, there would be cost to do so. F. McCrea advised that without the holding provision, should DGF sell the lands prior to development, there may be problems with respect to ensuring that the traffic concerns are addressed. In answer to a question from Councillor C. Weylie, Ms. DesRosiers explained that DGF Investments are commercial developers and would be developing the commercial component of the subject property but would be looking for a residential developer to develop the residential component. Councillor G. Lorentz pointed out that DGF Investments have offered to satisfy the financial commitment to the City with respect to the traffic improvements and with respect to the Regional concern, that this issue may be resolved with changes to the Regional Development Charges By-law. He suggested that the City accept the offer from DGF Investments and that the holding provisions be waived. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That the Mayor and Clerk be authorized to execute an agreement between the City of Kitchener and DGF Investments Limited / Highland West Shopping Centres Limited to the satisfaction of the City Solicitor, providing for acceptable arrangements for the required City transportation improvements including a deposit of $3,6852 Carried. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the proposed Zoning By-law 'A', dated February 2, 2004, attached to Development and Technical Services Department report DTS-04-010 as it applied to lands owned by DGF Investments Limited located at the southeasterly corner of Homer Watson Boulevard and Block Line Road, be amended to remove the holding provisions and all references thereto; and further, That Clause 2B of the December 15, 2003 report of the Development and Technical Services Committee regarding Zone Change Application ZC 02/06/H/BS be amended as set out in FEBRUARY 2, 2004 SPECIAL COUNCIL MINUTES - 36 - CITY OF KITCHENER Development and Technical Services Department report DTS-04-010, save and except the holding provisions and that the attached amended Zoning By-law 'A' dated February 2, 2004 be approved without conditions." Carried. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That Zone Change Application ZC 02/06/H/BS (Homer Watson Boulevard / Block Line Road - DGF Investments Limited) 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, on the lands legally described as Part of Lot 1, Registrar's Compiled Plan 1482 and part of Reserve Block "J", Registered Plan 1329, more particularly described as part 4, Plan 58R-14266, in the City of Kitchener, be approved, in the form shown in the "Proposed By-law (B)", dated October 6th 2003 attached to report DTS-03-203." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That an in-camera meeting of City Council be held immediately following this special meeting to consider a property acquisition / disposition matter." Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That leave be given the Mover and Seconder to introduce the following by-laws for three readings and that the same be taken as read a first, second and third times, be finally passed and numbered serially by the Clerk. (a) Being a by-law to adopt Amendment No. 53 to the Municipal Plan - Homer Watson/Block Line. (By-law No. 2004-20) (b) Being a by-law to amend Zoning By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - DGF Investments - Homer Watson Boulevard/Block Line Road. (By-law No. 2004-21) (c) Being a by-law to amend Zoning By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - DGF Investments - Homer Watson Boulevard. (By-law No. 2004-22) (d) To confirm all actions and proceedings of the Council. (By-law No. 2004-23)." On motion, the meeting adjourned at 5:55 p.m. MAYOR CLERK