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HomeMy WebLinkAboutDev & Tech Svcs - 2004-04-26DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 267 2004 CITY OF KITCHENER The Development and Technical Services Committee met this date commencing at 6:38 p.m. Present: Chair Councillor C. Weylie, Mayor C. Zehr, Councillors J. Smola, Lorentz B. Vrbanovic, J. Gazzola, M. Galloway and G. Staff: R. Browning, Interim Chief Administrative Officer P. Houston, General Manager of Financial Services C. Ladd, General Manager of Strategic Services G. Stewart, General Manager of Development and Technical Services J. Willmer, Director of Planning Services R. Shamess, Director of Engineering Services J. McBride, Director of Transportation Planning D. Trask, Deputy Fire Chief F. McCrea, Assistant City Solicitor L. Masseo, Manager of Design and Development B. Sloan, Planner R. Gosse, Committee Administrator PRESENTATION - UPDATE - REGIONAL GROWTH MANAGEMENT STRATEGY - REGION OF WATERLOO Mr. Kevin Eby, Director of Community Planning, Dr. Liana Nolan, Commissioner of Public Health and Medical Officer of Health and Mr. Graham Vincent, Director of Transportation Planning, from the Region of Waterloo attended to give a presentation on the Regional Growth Management Strategy Implementation. They discussed the background information which formed the basis of the Regional Strategy and discussed the goals and objectives of the plan that will ensure proper and balanced growth throughout the Region for the next forty years. DTS-04-062 - MARKET LANE ONE-WAY TRAFFIC BRIDGEPORT - CENTRE WARD The Committee considered Development and Technical Services Department report DTS-04- 062 dated April 14, 2004, regarding a proposal to convert traffic on Market Lane to one-way. On motion by Councillor B. Vrbanovic - it was resolved: "That Market Lane be converted to a one-way eastbound traffic flow from Scott Street to Eby Street North; and further, That the Uniform Traffic Bylaw be amended accordingly." DTS-04-045 - BROWNFIELD REMEDIATION PROGRAM GUIDE & APPLICATION FORM The Committee considered Development and Technical Services Department report DTS-04- 045 dated March 30, 2004, dealing with the Brownfield Remediation Program. On motion by Councillor B. Vrbanovic - it was resolved: "That the Application Form for the Brownfield Remediation Program, as presented in Appendix "A" to Report DTS-04-45, be endorsed; and further, That Terry Boutilier, Senior Planner in the Development & Technical Services Department, be appointed as Brownfield Co-ordinator for the City of Kitchener." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 26, 2004 - 30- CITY OF KITCHENER DTS-04-048 - PROPOSED SIGN BY-LAW REVIEW UPDATE ON SIGNAGE FOR THE DOWNTOWN The Committee considered Development and Technical Services Department report DTS-04- 048 dated March 30, 2004, dealing with a proposed Sign By-law review. On motion by Councillor B. Vrbanovic - it was resolved: "That staff be directed to undertake a detailed review of the City's sign by-law and prepare a new by-law for Council approval and implementation by no later than January 1,2006; and further, That staff be directed to solicit input from the s~gn industry and the public during the preparation of the new Sign By-law." 5. DTS-04-049 - PROPOSED CITY OF KITCHENER PARTNERSHIP I ADAM STREET ADAM BLUCHER DEVELOPMENT CORPORATION (DE LUCA GROUP) BRIDGEPORT - CENTRE WARD The Committee considered Development and Technical Services Department report DTS-04- 049 dated March 30, 2004, regarding a proposed City of Kitchener partnership with Adam Blucher Development Corporation. On motion by Councillor B. Vrbanovic - it was resolved "That the Council of the City of Kitchener approve of forming a partnership with the Adam Blucher Development Corporation to support their application to the Federation of Canadian Municipalities (FCM) for financial assistance under FCM's Green Municipal Funds, for the remediation and redevelopment of approximately 15 acres of formerly industrial lands in the vicinity of St. Leger and Louisa Streets." DTS-04-050 - SUPPORT FOR UNIVERSITY OF WATERLOO DEPARTMENT OF BIOLOGY RESEARCH The Committee considered Development and Technical Services Department report DTS-04- 050 dated March 30, 2004, dealing with a request to support University of Waterloo research on 'Multi-process Phytoremediation System of Decontamination of Soils' field test. On motion by Councillor B. Vrbanovic - it was resolved: "That the Council of the City of Kitchener express its support for the University of Waterloo, Department of Biology's research on the "Multi-process Phytoremediation System for Decontamination of Soils", and that the City of Kitchener partner with the Department of Biology Professors Bruce Greenberg, Xiao-Dong Huang, and Bernard R. Glick in support of their research funding application to the Natural Sciences and Engineering Council of Canada (NSERC)." DTS-04-065 - CEDAR STREET NORTH NO STOPPING BRIDGEPORT - CENTRE WARD The Committee considered Development and Technical Services Department report DTS-04- 065 dated April 21,2004, regarding a 'No Stopping Anytime' on Cedar Street North. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 26, 2004 - 31- CITY OF KITCHENER 7. DTS-04-065 - CEDAR STREET NORTH (CONT'D) On motion by Councillor B. Vrbanovic - it was resolved: "That No Stopping Anytime be established on both sides of Cedar Street North from King Street East to Duke Street East; and further, That the Uniform Traffic By-law be amended accordingly." 8. DTS-04-057 - DEMOLITION CONTROL APPLICATION DC 03/06/B/CB 18 BECKER STREET BRIDGEPORT - CENTRE WARD The Committee considered Development and Technical Services Department report DTS-04- 057 dated April 16, 2004, regarding a demolition control application to demolish a single detached dwelling located at 18 Becker Street. Mr. L. Masseo advised that staff had nothing further to add to the report. On motion by Councillor J. Smola - it was resolved: "That demolition control application DC 03/06/B/CB requesting permission to demolish one single detached dwelling located at 18 Becker Street, legally described as Plan 42 Part Lots 8 to 12, be approved." DTS-04-058 - CEDAR HILL INTERIM CONTROL BY-LAW CEDAR HILL NEIGHBOURHOOD CITY INITIATED The Committee considered Development and Technical Services Department report DTS-04- 058 dated April 22, 2004, regarding the Terms of Reference for the Cedar Hill Land Use and Social Environment Study and the extension of Interim Control By-law 2003-89 affecting the Cedar Hill neighbourhood. Mr. J. Willmer advised that the Terms of Reference for the Cedar Hill Land Use and Social Environment Study have been completed for the Committee's consideration. He added that in order to complete the study the current Interim Control By-law should be extended for one additional year as authorized under the Planning Act. He also advised that the requested $20,000 for the study would be paid for out of the Capital Budget. On motion by Mayor C. Zehr - it was resolved: "That the Terms of Reference, dated April 20, 2004, and attached to Report DTS-04-058, for the Cedar Hill Land Use and Social Environment Study be endorsed, enabling T. Brock Stanley and Pierre Filion to be retained as consultants, with City staff support, to conduct the study, as per the study scope identified in the Terms of Reference, with the project cost not to exceed $20,000; and further, That prior to May 12, 2004, By-law 2003-89, being an Interim Control By-law which prohibits new residential care facilities (including group homes), new lodging houses, new multiple dwellings and new social service establishments within the Cedar Hill neighbourhood, be amended for the purposes of extending the duration of the by-law for one additional year, as permitted under section 38(2) of the Planning Act, in the form shown in the attached Proposed Bylaw, dated May 3, 2004." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 26, 2004 - 32- CITY OF KITCHENER 10. DTS-04-051 - ZONE CHANGE APPLICATION ZC 03/11/S/DR BINGEMANS CENTRE DRIVE CITY INITIATED BRIDGEPORT - CENTRE WARD The Committee considered Development and Technical Services Department report DTS-04- 051 dated April 2, 2004, regarding the City Initiated zone change application to rezone lands located on Bingemans Centre Drive west of Lackner Boulevard and north of Victoria Street. Mr. L. Masseo advised that the subject lands are currently zoned Business Park Service Centre Zone (B-3), Commercial Business Park Zone (B-4) and Heavy Industrial Zone (M-4) and that the application is to rezone the lands to Restricted Business Park Zone (B-2) and Business Park Service Centre Zone (B-3) with Special Use Provisions to restrict certain uses and a Special Use Provision to permit 25% office use as a transition between B-3 and B-2 lands. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, attended representing Bingemans Centre Inc., advising that his client supports the staff recommendation but is requesting that the 25% office provision be extended to the B-3 zoned properties. Mr. Britton advised that his client feels the office potential in the B-3 zones would be a compatible use to the existing Bingeman Park. Mr. J. Willmer advised that this request has been investigated by staff and it is staff's opinion that with the acknowledged shortage of industrial lands in the City, the increased office use would be inappropriate. Mayor C. Zehr advised that the shortage of industrial lands have been stated publically and therefore Council should not take the steps to erode that inventory further. Mr. Britton responded that his client understands the situation regarding the shortage of industrial lands but Bingeman Park is subject to special policy to recognize the conference centre and affiliated uses; therefore, the requested office use in conjunction with the industrial lands would be appropriate. On motion by Councillor J. Smola - it was resolved: "That Zone Change Application ZC 03/11/S/DR, City Initiated, to change the zoning on the subject lands, on Bingemans Centre Drive (formerly Shirley Avenue) from Business Park Service Centre Zone (B-3), Commercial Business Park Zone (B-4) and Heavy Industrial Zone (M-4) with Special Use Provision 46U to Restricted Business Park Zone (B-2) with Special Use Provision 336U and Special Regulation Provision 416 R, Business Park Service Centre Zone (B-3) with Special Use Provision 338U and Special Regulation Provision 416R, and Restricted Business Park Zone (B-2) with Special Regulation 336U, Special Regulation 337U and Special Regulation Provision 416R on lands legally described as Parts 1 to 12 inclusive 58R-14324 and Part 2 58R-13567, in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated April 1, 2004, attached to report DTS-04-056 subject to the following condition: 1) That the zoning by-law not receive three readings until a Record of Site Condition is completed for the entire property and the City has been notified by the Regional Municipality of Waterloo that the Record of Site Condition satisfies Regional requirements." 11. DTS-04-037 - ZONE CHANGE APPLICATION ZC 03/02/F/BS SUBDIVISION APPLICATION 30T-03201 MUNICIPAL PLAN AMENDMENT APPLICATION MP 03/02/F/BS FAIRWAY ROAD / MORRISON ROAD CHICOPEE - GRAND RIVER WARD The Committee considered Development and Technical Services Department report DTS-04- 037 dated March 12, 2004, regarding development applications submitted by the Waterloo Catholic District School Board, for a residential subdivision located at the southeast corner of Fairway Road and Morrison Road. The applications include a municipal plan amendment, a zone change application and a draft plan of subdivision. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 26~ 2004 - 33- CITY OF KITCHENER 11. DTS-04-037 - ZONE CHANGE APPLICATION ZC 03/02/F/BS (CONT'D) 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 03/02/F/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 May 3, 2004. 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 advised that the Waterloo Catholic District School Board has declared the lands at the southeast corner of Fairway Road and Morrison Road as surplus following their decision not to proceed with the construction of a new secondary school. The school board has submitted development applications proposing to develop the site for residential use which would include up to 246 dwelling units on a variety of lot widths from 31 to 46 feet. There would be single detached, semi-detached and townhouse units built and 2-3 blocks which could accommodate townhouses or Iow rise residential buildings. Mr. Sloan explained that the municipal plan amendment application would change the designation from Major Institutional to Low Rise Residential. The zone change application would rezone the lands from Major Institutional (I-3) to Residential Four (R-4) and Residential Six (R-6) to permit the proposed dwellings. Mr. Sloan added that the park land dedication will be satisfied through the conveyance of a park block and that the remaining park land dedication will be through the conveyance of park land elsewhere as identified in an existing park land deferral agreement entered into in 1992. Mr. Sloan advised of a letter received from the Chicopee Ski Club dated April 4, 2004 which was circulated to the Committee Members, stating that although the Ski Club does not oppose the proposed development it requests that all future tenants and homeowners are given notice of the ski hill activities prior to moving into or taking possession of their properties. Mr. Sloan advised that in respect to this request staff is recommending that an additional condition be added to the subdivision agreement No. 2.2.21 whereby a warning clause be registered on title and included in all offers to purchase and sale agreements or rental agreements for all lots within the subdivision. Mr. Aaron Hill, Mackinnon Associates, attended representing the applicant and advised that his client is in full support of the staff report. Councillor B. Vrbanovic raised a concern regarding the park land dedication shown as block 87 advising that Community Services have been pursuing a plan for an active park in the area. He questioned whether this park block could be extended to accommodate an active park. Mr. B. Sloan advised that the Community Services Department did not raise the issue of the park land dedication when reviewing the proposed plan of subdivision and that in order to accommodate an active park the City may have to acquire lands from the school board. Councillor Vrbanobic responded that with the loss of the previously planned secondary school there may be a DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 26, 2004 - 34- CITY OF KITCHENER 11. DTS-04-037 - ZONE CHANGE APPLICATION ZC 03/02/F/BS (CONT'D) shortage of park land in the area and he requested that staff investigate the park land dedication and the possible need to acquire lands in order to accommodate an active park in the area. Councillor Vrbanovic also advised that although the suggested warning clause would satisfy the minimum legal requirement, that in order to ensure that all prospective homeowners or renters are aware of the potential noise from the ski hill during the winter months and that the warning clause be posted on the lands similar to signs used for development around the airport. On motion by Councillor B. Vrbanovic - it was resolved: "That Development and Technical Services Department report DTS-04-037 dealing with Draft Plan of Subdivision Application 30T-03201, Municipal Plan Amendment Application MP 03/02/F/BS and Zone Change Application ZC 03/02/F/BS, for the lands located west of Fairway Road and north of Morrison Road; be deferred and referred to the May 10, 2004 meeting of the Development and Technical Services Committee." 12, DTS-04-047 - ZONE CHANGE APPLICATION ZC 03/24/S/RM 45 SPORTSWORLD DRIVE TONECRAFT CORPORATION FAIRVIEW- GATEWAY WARD The Committee considered Development and Technical Services Department report DTS-04- 047 dated March 30, 2004, regarding a zone change application from Tonecraft Corporation for lands located at the corner of Sportsworld Drive and Gateway Park Drive. It is being proposed to revise Special Regulation Provision 216R to permit retail outlets having gross floor area of less than 1500m2 and to permit such outlets to occupy 100% of the total gross floor area on the site. Mr. L. Masseo advised that staff had nothing further to add to the report. On motion by Councillor J. Gazzola - it was resolved: "That Zone Change Application ZC/03/24/S/RM requesting a change from Commercial Campus Zone (C-8) with Special Regulation 216R to a Commercial Campus (C-8) Zone with revised Special Regulation Provision 216R on lands legally described as Plan 1725 Lot 8 (Tonecraft Corporation, 45 Sportsworld Drive) in the City of Kitchener, be approved, in the form shown in the "Proposed By-Law", dated April 5TM, 2004, attached to report DTS-04-047." 13. DTS-04-055 - INTERSECTION IMPROVEMENTS UNION BOULVARD / DUNBAR ROAD / RUSHOLME ROAD WEST - VICTORIA PARK WARD The Committee considered Development and Technical Services Department report DTS-04- 055 dated April 19, 2004, regarding a proposal to improve the intersection of Union Boulevard / Dunbar Road / Rusholme Road. Mr. J. McBride advised that as a result of several requests from residents of the Westmount Community the traffic conditions at the intersection of Union Boulevard / Rusholme Road / Dunbar Road has been completed. The review included the collision history, origin destination studies, manual turning movement traffic counts, and automated speed and volume studies. He noted that the studies indicated there was a collision trend at the intersection, there is cut through traffic on Rusholme Road and that the geometric constraints at the intersection leads to confusion for the drivers. He also noted that the traffic volume on Rusholme Drive exceeded that of a local roadway and that volumes on Union Boulevard were within acceptable levels as a minor collector roadway. He advised that the studies indicated that speed was not an issue in the area. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 26~ 2004 - 35- CITY OF KITCHENER 13. DTS-04-055 - INTERSECTION IMPROVEMENTS (CONT'D) Mr. McBride advised that staff have undertaken an extensive public process resulting in the review of four potential options and the development of a preferred solution. The preferred solution incorporates intersection improvements which would remove all right turn channels and create a T-intersection at Rusholme and Dunbar Roads. In addition, it is also recommended that all-way stops be installed at the resulting two intersections. In answer to questions from the Committee, Mr. McBride advised that the current traffic volumes would allow the two all-way stop intersections without causing further traffic problems. He also advised that volumes on Rusholme Road should decrease but will add 400-500 more vehicles per day on Union Boulevard which is still within the volume limits for a minor collector road. Mr. John Goemans, 62 Rusholme Road, appeared before the Committee advising that he was representing many residents on Rusholme Road who have concerns with the safety at the subject intersection. Mr. Goemans suggested that part of the problem with respect to increased volumes on Rusholme Road may be a result of traffic calming measures undertaken by the City of Waterloo in the area north of Rusholme Road. He further advised that the area is undergoing a change and that there are 15 children now living on Rusholme Road adding to the need for safety. In conclussion, Mr. Goemans stated that in his opinion the redesigned intersection would add clarity for the drivers, would address the safety issue and he requested that the Committee approve the recommendation of staff. Mr. Ivan Hurlbut, 21 Rusholme Road, attended in support of the recommendation advising that all the required studies have now been completed and staff have submitted a report which addresses the problem. He suggested that the City could undertake further studies which would not be productive and urged the Committee to approve the staff recommendation. Mr. John Weber, 294 Union Boulevard, appeared before the Committee advising that he was representing the residents of Union Boulevard between Dunbar Road and Westmount Road stating that the residents did not support the staff recommendation. Mr. Weber suggested that the proposed improvements to the intersection were premature and that an all-way stop should be installed and studied for a further year before making a final decision. He advised that the studies undertaken by staff did not meet the warrants to make improvements to the intersection. He requested that the Committee have a six way stop be installed at the intersection, conduct a new traffic study in one years time and undertake a full consultation with all of the area residents. In answer to questions raised by the Committee, Mr. McBride advised that he was not aware of any six way stops located in the Province and that such a traffic configuration could be unsafe and dangerous for drivers. Mr. Weber suggested that other traffic calming measures like ones undertaken by the City of Waterloo could be used in the area to resolve the traffic issues. Mr. McBride advised that the City of Waterloo installed speed humps to partly address speeding; whereas, speed is not an issue with respect to the subject roads. He also advised that the installation of speed humps will require an environmental assessment costing approximately $20,000. Councillor B. Vrbanovic questioned the need for an environmental asssessment suggesting that more information is required on this and if necessary the City should approach the Province regarding such a need and the resulting costs. Mr. R. Shamess advised that the requirement to conduct an environmental assessment for speed humps came into effect in 2000 although some municipalities have not followed those requirements. He added that he would look into the matter further to see if temporary speed humps also require the environmental assessment. Ms. Margaret Jansen, 311 Union Boulevard, attended advising that as a resident of the area she supports any changes that will make the intersection more safe but suggested that the all-way stop signs be installed and restudied in one year's time before making any physical changes to the intersection. Ms. Jansen also suggested that the traffic study of the entire area should be undertaken in order to see the bigger picture with respect to traffic patterns. Mr. Mike Kropp, 261 Union Boulevard, appeared before the Committee advising that in his opinion the City may be rushing into changing the intersection without having all the information necessary to make the decision. He suggested there was no information given regarding the impact from the City of Waterloo traffic calming measures and that the studies focused on Union DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 26, 2004 - 36- CITY OF KITCHENER 13. DTS-04-055 - INTERSECTION IMPROVEMENTS (CONT'D) and Rusholme and not on Dunbar Road. Mr. Kropp requested that the Committee not approve the recommendation at this time, and that the City co-ordinate traffic plans with the City of Waterloo, that signage be installed indicating that Dunbar Road is a through street and signs at Westmount Road indicating that Rusholme Road is for local traffic only. Ms. Donnita Deen, 773 Dunbar Road, attended and advised that she lives on one of the corners of the intersection and that over the years she has witnessed many near misses involving vehicles in the intersection which has not been recorded and therefore not part of the studies. Ms. Deen also advised that she has seen many cars going the wrong way due to the confusing intersection and the right turn channels. She suggested that a change was required in order to address the safety issue. Ms. Marjorie Bender, 738 Dunbar Road, appeared before the Committee advising that she also lives on one of the corners of the intersection and has also witnessed many near misses. Ms. Bender suggested that all-way stop signs will help reduce the confusion at the intersection. Mr. Charles Grierson, 218 Union Boulevard, attended advising that he lives at the north east corner of the intersection advising that he has also witnessed many near misses and acts of road rage as a result of the unsafe intersection. Mr. Grierson suggested that stop signs should be installed to reduce the confusion and to address the safety issue. Councillor G. Lorentz suggested that there are many issues involved with respect to the intersection but the underlying issue is the lack of safety due to the configuration of the intersection. He suggested that the City could not compromise on safety and that in his opinion any changes to the intersection will not have a negative effect on the characteristic of the neighbourhood. On motion by Councillor G. Lorentz - it was resolved: "That improvements to the intersection of Union Boulevard/Dunbar Road/Rusholme Road be approved as per Fig. 2 of report DTS-04-055, dated April 19, 2004, for inclusion in the 2004 road reconstruction program; and, That an all-way stop be installed at the intersection of Union Boulevard/Dunbar Road/Rusholme Road following reconstruction; and, That the Uniform Traffic Control By-law No. 2000-159 be amended accordingly; and further, That Transportation Planning review the traffic operating conditions on Union Boulevard, Rusholme Road and Dunbar Road after one year to determine the effectiveness of the recommended intersection improvements." Councillor C. Weylie requested that staff investigate the feasability of undertaking a traffic study of the entire area bounded by Westmount Road / Victoria Street / King Street and the City boundary and report back to the Committee. 14. DTS-04-044 - ZONE CHANGE APPLICATION ZC 04/02/F/KS 88 FRANKLIN STREET SOUTH FAIRVIEW- GATEWAY WARD The Committee considered Development and Technical Services Department report DTS-04- 044 dated March 30, 2004, regarding a zone change application for the property at 88 Franklin Street South to permit the duplex dwelling, which is currently under construction, to be completed as a triplex. Mr. L. Masseo advised that staff were in support of the application and had nothing further to add to the report. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 26~ 2004 - 37'- CITY OF KITCHENER 14. DTS-04-044 - ZONE CHANGE APPLICATION ZC 04/02/F/KS (CONT'D) On motion by Councillor J. Gazzola - it was resolved: "That zone change application ZC04/02/F/KS (88 Franklin Street South), to change the zoning on the subject lands, legally described as Part of Lot 136, R.P. 254, for the City of Kitchener, from Residential Four Zone (R-4) to Residential Four Zone (R-4) with Special Use Provision 333U, be approved, in the form shown in the "Proposed By-law", dated March 25, 2004, attached to report DTS-04-044." 15. DTS-04-061 - 1252 /58 KING STREET EAST TEMPORARY OCCUPANCY PERMIT GLENN ALLEN, MOTIVITY CAFI5 & LOUNGE BRIDGEPORT - CENTRE WARD The Committee considered Development and Technical Services Department report DTS-04- 061 dated April 14, 2004, regarding a request for temporary occupancy for 1252-58 / 10 King Street East subject to a rezoning application being filed and approved in the fall of 2004. On motion by Councillor J. Smola - it was resolved: "That if City Council supports the request for temporary occupancy for 1252-58/10 King Street East, the approval be conditional upon the following: "That enforcement of the City's Zoning By-law be waived with respect to the parking use on the portion of the property zoned R-7 at 1252-58/10 King Street East and temporary occupancy be approved subject to the retail/wholesaling use vacating the location in the event that the entire site is not rezoned to the future Mixed Use Corridor Zone (C-9); and further, That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of the final disposition of this application." 16. DTS-04-059 - SANDROCK GREENWAY TRUNK SANITARY SEWER FLOOD RELIEF STUDY FOREST - ROCKWAY WARD The Committee considered Development and Technical Services Department report DTS-04- 059 dated April 16, 2004, dealing with the Sandrock Greenway Trunk Sanitary Sewer Flood Relief Study. Mr. R. Shamess advised that the study was initiated in September 2001 as a response to the basement flooding in the areas of Trailwood Crescent, Red Maple / Royal Orchard and Silver Aspen / Brookside Crescent. He further advised that options were investigated and it is being proposed that a 25 year level of protection be implemented at a cost of approximately $4.8 million. Councillor J. Gazzola raised a concern regarding the substantial expenditure to correct this problem and asked where the funds would be coming from. Mr. Shamess explained that although there were less expensive options the preferred option will alleviate the problem on a more permanent basis and that funding would come from the sewer rates. On motion by Councillor G. Lorentz - it was resolved: "That the Director of Engineering Services, Development and Technical Services Department, be authorized and directed to file the Class Environmental Assessment (EA) Project File Report for the Sandrock Greenway Trunk Sanitary Sewer Flood Relief Study with the Municipal Clerk for a Thirty (30) day public review; and further, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 26, 2004 16. - 38- CITY OF KITCHENER DTS-04-059 - SANDROCK GREENWAY TRUNK SANITARY SEWER (CONT'D) That the Director of Engineering Services, Development and Technical Services Department, be directed to prioritize the identified projects within the context of the 10 year capital program." 17. DTS-04-039 - REPEAL OF COMMUNITY PLANS CHICOPEE - GRAND RIVER WARD, FAIRVIEW - GATEWAY WARD SOUTH WARD AND FOREST - ROCKWAY WARD The Committee considered Development and Technical Services Department report DTS-04- 039 dated March 9, 2004, which was deferred from the April 5, 2004 Committee meeting to allow further discussions with neighbourhood associations with respect to the community plans. Mr. J. Willmer advised that staff have met with the residents of the Lower Doon Area and following discussions staff would support the continuance of the Lower Doon Secondary Plan. Mr. Willmer suggested that the recommendation save and except the Lower Doon Secondary Plan be considered. On motion by Councillor B. Vrbanovic - it was resolved: "That the following plans be repealed in their entireties: · Block Plan 66 · Country Hills West Secondary Plan · Forest Heights Community Concept Plan · Forest Heights West Community Plan · Grand River North Community Plan · Grand River South Area 1 Community Plan · Pioneer Park West Community Plan" 18. SSD-04-015 - SALE OF SITE 6 GRAND RIVER WEST BUSINESS PARK PART 7, REFERENCE PLAN 58R-14324 BINGEMAN CENTRE DRIVE The Committee considered Finance and Corporate Services Committee report SSD-04-015 dated April 11, 2004, which was referred from the Finance and Corporate Services Committee meeting held earlier this date to allow for consideration of a zone change application affecting the lands. On motion by Councillor B. Vrbanovic - it was resolved: "That Council accept the Offer to Purchase from Catanaco Homes LTD. for Part 7 on Registered Reference Plan 58R-14324 being a parcel of land in the Grand River West Business Park, having an area of approximately 2.0 acres at the price of $110,000 per acre for a total purchase price of $220,000.00; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor to complete the sale transaction." 19. SSD-04-016 - SALE OF SITES 3, 4 & 5 GRAND RIVER WEST BUSINESS PARK PARTS 3, 4, 5 & 6, REFERENCE PLAN 58R-14324 BINGEMAN CENTRE DRIVE The Committee considered Finance and Corporate Services Committee report SSD-04-016 dated April 21, 2004, which was referred from the Finance and Corporate Services Committee meeting held earlier this date to allow for consideration of a zone change application affecting the lands. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 26, 2004 - 39- CITY OF KITCHENER 19. SSD-04-016 - SALE OF SITES 3, 4 & 5 (CONT'D) On motion by Councillor B. Vrbanovic - it was resolved: "That Council accept the Offer to Purchase from Custom Leather Canada Limited. in Trust for a company to be incorporated for Parts 3, 4, 5 and 6 on Registered Reference Plan 58R-14324 being a parcel of land in the Grand River West Business Park, having an area of approximately 6.0 acres at the price of $110,000 per acre for a total purchase price of $660,000.00; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor to complete the sale transaction." 20. SSD-04-017 - SALE OF SITE 7 GRAND RIVER WEST BUSINESS PARK PARTS 8, 9 & 10, REFERENCE PLAN 58R-14324 BINGEMAN CENTRE DRIVE The Committee considered Finance and Corporate Services Committee report SSD-04-017 dated April 21, 2004, which was referred from the Finance and Corporate Services Committee meeting held earlier this date to allow for consideration of a zone change application affecting the lands. On motion by Councillor B. Vrbanovic - it was resolved: "That Council accept the Offer to Purchase from MTE Consultants Inc. for Parts 8,9,10 on Registered Reference Plan 58R-14324 being a parcel of land in the Grand River West Business Park, having an area of approximately 2.0 acres at the price of $110,000 per acre for a total purchase price of $220,000.00; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor to complete the sale transaction." Mr. Alex Zieman, 198 Highland Road East, appeared before the Committee regarding the proposed light rail transit system as part of the Regional Growth Management Strategy and he was referred to the Region of Waterloo for further information. 21. ADJOURNMENT On motion, the meeting adjourned at 9:10 p.m. R. Gosse, Deputy City Clerk