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HomeMy WebLinkAboutDev & Tech Svcs - 2004-01-05DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JANUARY 57 2004 CITY OF KITCHENER The Development and Technical Services Committee met this date commencing at 7:15 p.m. Present: Chair Councillor C. Weylie, Councillors J. Smola, B. Vrbanovic, J. Gazzola and G. Lorentz Staff: G. Stewart, General Manager of Development and Technical Services J. Willmer, Director of Planning R. Shamess, Director of Engineering Services D. Mansell, Deputy Director of Engineering Services J. McBride, Director of Transportation Planning L. Masseo, Manager of Development and Design F. McCrea, Assistant City Solicitor R. Gosse, Committee Administrator DTS-03-209 CHANDLER DRIVE ON-STREET PARKING SOUTH WARD The Committee considered Development and Technical Services Department report DTS-03-209, dated December 15, 2003 dealing with prohibited parking on the west side of Chandler Drive near Mowat Boulevard. On motion by Councillor J. Gazzola - it was resolved: "That parking be prohibited at anytime on the west side of Chandler Drive from a point 25 metres south of Mowat Boulevard to a point 125m north of Mowat Boulevard; and further, That the Uniform Traffic By-law be amended accordingly." DTS-03-210 ELLEN STREET EAST LOADING/UNLOADING ZONE BRIDGEPORT-CENTRE WARD The Committee was in receipt of Development and Technical Services Department report DTS- 03-210, dated December 8, 2003 dealing with a proposed loading / unloading zone on the south side of Ellen Street East, west of Frederick Street. On motion by Councillor J. Gazzola - it was resolved: "That a 15 minute Loading/Unloading Zone between the hours of 8:00 a.m. to 6:00 p.m. be established on the south side of Ellen Street East from a point 40 metres west of Frederick Street to a point 35 metres west thereof; and further, That the Uniform Traffic By-law be amended accordingly." DTS-03-199 PROPOSED FISCHER COURT (WITHIN SUBDIVISION 30T-95018) ZONE CHANGE APPLICATION ZC 03/23/F/DR MONARCH CONSTRUCTION LIMITED SOUTH WARD The Committee considered Development and Technical Services Department report DTS-03-199, dated December 2, 2003 dealing with a zone change application submitted by Monarch Construction Limited. The application proposes to re-zone lands within the plan of subdivision 30T-95018 that were subject to modifications made to the subdivision plan. Mr. L. Masseo briefly summarized report DTS-03-199 noting the application is being made as a result of modifications in the plan of subdivision. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JANUARY 5, 2004 3. DTS-03-199 - 2- CITY OF KITCHENER PROPOSED FISCHER COURT (WITHIN SUBDIVISION 30T-95018) (CONT'D) Mr. G. Scheels, GSP Group, was in attendance representing the applicant stating that his client was in support of the staff recommendation. No other delegations were registered respecting this matter. On motion by Councillor G. Lorentz - it was resolved: "That Zone Change Application ZC 03/23/F/DR to change the zoning on the subject lands from Residential Six Zone (R-6) and Residential Four Zone (R-4) with Holding Provision 32H to Residential Four Zone (R-4) with Special Regulation Provision 279R on lands legally described as Part Lots 3 & 4 Biehn's Tract, Part of Biehn's Unnumbered Tract, Part of Lots 2 Beasley's New Survey & Lot 14 RP 594, in the City of Kitchener, be approved in the form shown in the "Proposed By-law" attached to Development and Technical Services Department report DTS-03-199, dated December 2, 2003, without conditions. It is the opinion of this Committee that approval of this application is proper planning of the City." DTS-03-207 UNIVERSITY AVENUE / IRA NEEDLES BOULEVARD A) RECOMMENDATION TO APPROVE HENRY STURM GREENWAY XV WATERCOURSE RE-ALIGNMENT RE: THE ENVIRONMENTAL ASSESSMENT REPORT B) RECOMMENDATIONS TO DEFER THE FOLLOWING MATTERS: SUBDIVISION APPLICATION 30T-01205 ZONE CHANGE APPLICATION ZC 01/20/G/SV DEMOLITION CONTROL APPLICATION DC 03/01/G/BS SUNVEST DEVELOPMENT CORPORATION, AND GLASGOW HEIGHTS COMMUNITY PLAN ZONE CHANGE APPLICATION ZC 03/22/U/BS - CITY INITIATED WEST - VICTORIA PARK WARD The Committee was in receipt of Development and Technical Services Department report DTS- 03-207, dated December 19, 2003 dealing with an application for a plan of subdivision and zone change of lands located on the northwest area of the City adjacent to the City of Waterloo and the future Ira Needles Boulevard. Also, the Henry Sturm Greenway is located on the subject site and the realignment of the Henry Sturm Greenway is the subject of an environmental assessment which has been conducted concurrently with the review of the proposed subdivision and zoning. L. Masseo summarized the report noting that due to the fact that the environmental assessment must be available to the public for a 30-day period in which to receive comments, staff were recommending that consideration of the plan of subdivision and zone change applications be deferred until February 16, 2004; at which time the 30-day review period will have ended for the environmental assessment. Mr. Masseo requested that the recommendation of the February 16, 2004 Development and Technical Services Committee meeting regarding this matter be referred to Council, at a special Council meeting to be held that date. Mr. Tom Hardacre, Planning and Engineering Initiatives Limited, attended representing the applicant to answer any questions the Committee may have on the applications. No other delegations were registered respecting this matter. On motion by Councillor J. Smola - it was resolved: "That Council approve the preferred design and location for the Henry Sturm Greenway XV watercourse realignment, as set out in the attached Executive Summary, and that DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JANUARY 5, 2004 - 3- CITY OF KITCHENER 4. DTS-03-207 UNIVERSITY AVENUE / IRA NEEDLES BOULEVARD (CONT'D) the Schedule 'B' Class Environmental Assessment Report for this project be filed with the City Clerk for the mandatory 30 day public review period; and, That consideration of City-initiated Zone Change Application ZC 03/22/U/BS and the Glasgow Heights Community Plan be deferred to the February 16th, 2003 Development & Technical Services Committee meeting; and further, That any recommendation arising from the Development and Technical Services Committee meeting of February 16, 2004 with respect to the above noted applications be referred for Council's consideration, to a special meeting of Council to be held that date. It is the opinion of this Committee that deferral of these applications is proper planning of the City." DTS-03-206 1400 - 1450 OTTAWA STREET SOUTH ZONE CHANGE APPLICATION ZC 03/30/O/CB VOISIN DEVELOPMENTS LIMITED SOUTHWARD The Committee was in receipt of Development and Technical Services Department report DTS- 03-206, dated December 19, 2003 dealing with a zone change application to remove holding provision 16h from those lands zoned Planned Commercial Campus Zone (C-8) on the lands known as 1400 and 1450 Ottawa Street South and the existing Hydro One Right-of-Way. Staff had nothing further to add respecting the report under consideration. No delegations were registered respecting this matter. On motion by Councillor G. Lorentz - it was resolved: "That zone change application ZC03/30/O/CB, to change the zoning on the subject lands (formally known as 1400 and 1450 Ottawa Street South as well as the existing Hydro One Right-of-Way, as identified on the attached Map No. 1) to remove Holding Provision 16h from those lands zoned Planned Commercial Campus Zone (C-8), be approved, in the form shown in the "Proposed By-law" attached to Development and Technical Services Department report DTS-03-206 dated December 16, 2003. It is the opinion of this Committee that approval of this application is proper planning of the City." DTS-03-205 105 MORGAN AVENUE ZONE CHANGE APPLICATION ZC 03/14/M/CB GERALD AND LISA SAILOR CHICOPEE - GRAND RIVER WARD The Committee considered Development and Technical Services Department report DTS-03-205, dated December 17, 2003 dealing with a zone change application to change the zoning on the property known as 105 Morgan Avenue from Residential Four Zone (R-4) to Residential Six Zone (R-6) which will legalize the existing triplex and allow for the future possibility of adding three additional dwelling units. On answer to a question from the Committee, J. Willmer explained that the Region requires a noise study for any zone change application but that in this particular case the subject property and building will not change in its use therefore the has Region agreed not to require the noise study at this time. He added that the proposed zone change will require a noise study should the building be expanded to accommodate additional residential units. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JANUARY 5, 2004 - 4- CITY OF KITCHENER 6. DTS-03-205 105 MORGAN AVENUE (CONT'D) No delegations were registered respecting this matter. On motion by Councillor B. Vrbanovic - it was resolved: "That zone change application ZC 03/14/M/CB, to change the zoning on the subject lands, legally described as Plan 959 Part Lot 15, for the City of Kitchener, from Residential Four Zone (R-4) to Residential Six Zone (R-6) with Special Regulation Provision 411 R, be approved, in the form shown in the "Proposed By-law" attached to Development and Technical Services Department report DTS-03-205 dated December 15, 2003. It is the opinion of this Committee that approval of this application is proper planning of the City." DEFERRAL 55 AND 63 MORGAN AVENUE BALANCE OF MUNICIPAL PLAN AMENDMENT APPLICATION MP 03/01/TC/LM (CITY INITIATED HOUSEKEEPING AMENDMENTS) DEFERRED COMMITTEE RECOMMENDATION-CLAUSE I FROM THE OCTOBER 6, 2003 COUNCIL MEETING CHICOPEE - GRAND RIVER WARD The Committee considered Clause A (i) of Municipal Plan Amendment application MP 03/01/TC/LM (City Initiated Housekeeping Amendments) which was deferred by Council at its meeting held October 6, 2003 and deferred and referred again by Council at its meeting December 15, 2003. Councillor B. Vrbanovic informed the Committee that upon his request staff have spoken with the concerned resident with respect to the application and have satisfied those concerns and it is now appropriate for the Committee to consider the recommendation. Councillor Vrbanovic noted that the recommendation on this matter will be dealt with by Council at a special meeting to be held immediately following the Development and Technical Services Committee meeting this date. No delegations were registered respecting this matter. On motion by Councillor - it was resolved: "That the balance of Municipal Plan Amendment Application MP/03/01/TC/LM (City Initiated Housekeeping Amendments), first considered by Council on October 20, 2003, and being an amendment to: amend Map 5 - Land Use Plan by 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' shown on Schedule 'B' attached to Development and Technical Services Department report DTS-03-169, September 26, 2003; be approved." DTS-03-212 55 AND 63 MORGAN AVENUE DIRECTION RE: CONSULTATION REQUIREMENT BEFORE CONSIDERATION OF ANY FUTURE ZONE CHANGE APPLICATION UNDER PROPOSED MUNICIPAL PLAN AMENDMENT NO. 51 CHICOPEE - GRAND RIVER WARD The Committee considered Development and Technical Services Department report DTS-03-212, dated December 22, 2003 dealing with direction from the Committee on any future zone change application under proposed Municipal Plan Amendment 51. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JANUARY 5~ 2004 - 5- CITY OF KITCHENER 8. DTS-03-212 55 AND 63 MORGAN AVENUE (CONT'D) L. Masseo explained that staff was recommending that any zone change application dealing with the properties at 55 and 63 Morgan Avenue not be considered until a site plan and urban design study are completed. He added this recommendation is being made to ensure there is consultation between the City, property owners, possible neighbourhood associations and affected residential land owners in the area of the subject properties. On motion by Councillor B. Vrbanovic - it was resolved: "That a zone change application to implement the Fairway Primary Node and Hotel/Service District Commercial designation of the subject lands, municipally known as 55 and 63 Morgan Avenue, not be considered and approved until such time as a site plan application is submitted and a Urban Design Study involving consultation between the City, the commercial property owner(s), immediately affected residential landowners and, where applicable, adjacent residential neighbourhood associations is completed to address compatibility between the subject lands and adjacent residentially zoned lands." 9. DELEGATION - HOMER WATSON BOULEVARD / BLOCK LINE ROAD (SOUTHEAST CORNER) DEFERRED DTS COMMITTEE REPORT RECOMMENDATION-CLAUSE 2.B. FROM THE DECEMBER 15, 2003 COUNCIL MEETING ZONE CHANGE APPLICATION ZC 02/06/H/BS (PROPOSED BY-LAW "A") DGF INVESTMENTS LIMITED FAIRVIEW- GATEWAY WARD The Committee considered Clause 2.B. of the Development and Technical Services Committee meeting of December 8, 2003 which was referred to the Committee by Council at their meeting of December 15, 2003. Clause 2.B. relates to Zone Change Application ZC 02/06/H/BS (Homer Watson Boulevard / Block Line Road - DGF Investments Limited) which proposes to change the zoning to allow a Neighbourhood Shopping Centre Zone (C-2) with revised Special Use Provision 85U and Special Regulation Provision 371R. Michelle Desrosiers, Dean Feltham and John Ashwood attended on behalf of DGF Investments. Ms. Desrosiers gave a presentation and provided a brief history on the application and expressed frustration in trying to deal with the specific issues with respect to sewer capacity and traffic concerns. With respect to servicing capacity, Ms. Desrosiers informed the Committee that City engineering and MTE Consultants Inc., working on behalf of DGF Investments, have reviewed and have concluded there is sufficient capacity for the proposed zoning. Regarding the traffic concerns, Ms. Desrosiers proposed that the 'Access' section of Clause 4 of the "Proposed By-law A" dated December 8, 2003 should be amended by changing the phrase "Direct Access" to "Primary Access". She added that DGF has agreed that commercial truck traffic will be precluded from using the internal DGF street and that the company will work with City planners to lay out the site in accordance with the access clause. Mr. Dean Feltham explained that at the request from the Region and the City, DGF looked at the incremental traffic that would be generated by the rezoning and the impact if the development proceeded prior to the adjacent Drewlo Development. As well, DGF looked at the need for signals at the proposed DGF Street and Fallowfield Road. Mr. Feltham informed the Committee that the traffic studies that were undertaken by DGF showed that the proposed zoning would not impact on the signalized intersections other than Homer Watson and Block Line Road. Mr. Feltham informed the Committee that the developer has agreed to review this at the site plan process and will accept financial responsibility for any improvements resulting from their development. Mr. Feltham further explained that the traffic studies also showed that the DGF development could proceed as a stand-alone development having only minor impacts on Homer Watson and Block Line and Homer Watson and Bleams Roads and that no signal would be required at the DGF Street and Fallowfield Road. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JANUARY 5~ 2004 - 6- CITY OF KITCHENER 9. DELEGATION - HOMER WATSON BOULEVARD / BLOCK LINE ROAD (SOUTHEAST CORNER) (CONT'D) Ms. Desrosiers concluded her presentation, explaining that DGF believes that the issue regarding financial mechanisms to be in place for required servicing and costs of offsite improvements, were no longer an issue as the consultants report showed there are no additional servicing or offsite improvements required as a result of the proposed rezoning application. L. Masseo informed the Committee that the City and the Region still had some outstanding traffic issues but that the proposal to change the access clause contained in the "Proposed By-law" from "Direct Access" to "Primary Access" was acceptable to staff. J. McBride informed the Committee that the City still had concerns with access to the site and was trying to protect the existing street network from the development. He added that the latest traffic study showed a need for more vehicle storage in the left- and right-hand turn lanes on Bleams Road. In answer to the question from the Committee whether the City could approve the proposed zone change application and deal with these traffic issues at a later date, L. Masseo explained that the site plan process can only deal with access into this site and has no authority to deal with offsite impacts such as left turn capacity on Bleams Road. Mayor C. Zehr suggested that notwithstanding the site plan process the City could enter into an agreement with the developer regarding the traffic concerns which would stipulate that all traffic areas impacted by the development would be addressed prior to the site plan process. F. McCrea advised that any conditions in this regard be given and dealt with prior to the site plan approval. Mr. Paul Britton, McNaughton Hermsen Britton Clarkson Planning Consultants, attended on behalf of Drewlo Holdings which has property adjacent to the DGF lands. Mr. Britton informed the Committee that his client had concerns regarding the servicing capacity that the DGF development would have on the area including their own development and that they were not entirely comfortable with the opinion letter written and submitted by DGF in this regard. He suggested that the engineers meet prior to next Monday's Council meeting to determine the servicing capacity and address this issue. Mr. Britton also raised a concern regarding the traffic impact the proposed development would have suggesting the By-law should not address the issue of access onto Homer Watson Boulevard. He also raised a question regarding traffic capacity and what will be required in the area and who will pay for any necessary upgrades. Mr. Britton suggested that it would be appropriate if the traffic engineers were to meet to determine what, if any, traffic problems may result from the proposed development and to address these issues prior to approval of the application. Mayor Zehr suggested that the matter be deferred until next week's Council meeting in order to allow staff and the parties involved to meet to determine the servicing capacity, traffic concerns, the need for access from the development site to Fallowfield Road and if the DGF Road is required the appropriate wording for the By-law. Ms. Desrosier pointed out to the Committee that on October 6, 2003 an agreement was reached to work with the City and Region on the traffic concerns and at that meeting it was her understanding that the question of servicing capacity had been dealt with. On motion by Mayor C. Zehr - it was resolved: "That consideration of the following clause from Zone Change Application ZC 02/06/H/BS (Homer Watson Boulevard and Block Line Road) submitted by DGF Investments Ltd. be deferred and referred for consideration at the January 12, 2004 Council Meeting to allow traffic and sewer capacity matters to be addressed: "That Zone Change Application ZC 02/06/H/BS (Homer Watson Boulevard / Block Line Road - DGF Investments Limited) requesting a change from Arterial Commercial (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 Provision 371R, on the lands legally described as Part Lot 1, registrar's Compiled Plan 1482, and part of reserve Block "J", DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JANUARY 5~ 2004 - 7- CITY OF KITCHENER 9. DELEGATION - HOMER WATSON BOULEVARD / BLOCK LINE ROAD (SOUTHEAST CORNER) (CONT'D) Registered Plan 1329, more particularly described as parts 1, 2 and 3, Plan 58R- 14266, in the City of Kitchener, be approved, in the form shown in the "Proposed By-law (A)" attached to report DTS-03-203, subject to the following: That the phrase dealing with 'Access' under Clause 4 of the "Proposed By- law A" attached to Development and Technical Services Department report DTS-03-203, be amended by changing the word 'Direct' to 'Primary'; and, 2) That prior to any readings of the amending Zoning By-law, the owner shall make satisfactory arrangements with the Regional Municipality of Waterloo and the City of Kitchener for any traffic control measures that may be required; and further, 3) That the owner acknowledges that Condition 2 is requested to be satisfied within 12 months of the day of Council having approved by resolution Zone Change Application ZC 02/06/H/BS. In the event that this requirement is not fulfilled within the 12 month period, Council may consider rescinding its zone change approval." 10. ADJOURNMENT On motion, the meeting adjourned at 8:27 p.m. R. Gosse, Deputy City Clerk