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HomeMy WebLinkAboutDev & Tech Svcs - 2004-05-10DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 107 2004 CITY OF KITCHENER The Development and Technical Services Committee met this date commencing at 6:35 p.m. Present: Chair Councillor C. Weylie, Mayor C. Zehr, Councillors J. Smola, J. Gazzola and M. Galloway. Vrbanovic was in attendance for part of the meeting. Councillor B. Staff: P. Houston, General Manager of Financial 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 L. Masseo, Manager of Design and Development F. McCrea, Assistant City Solicitor C. Bluhm, Planner R. Gosse, Committee Administrator DTS-04-066 - STONYBROOK DRIVE ON-STREET PARKING FOREST-ROCKWAY WARD The Committee considered Development and Technical Services Department report DTS-04- 066 dated April 15, 2004, regarding on-street parking on Stonybrook Drive. On motion by Councillor J. Gazzola - it was resolved: "That parking be prohibited anytime on the west side of Stonybrook Drive from Westmount Road East to a point 26 metres south thereof, and that parking be prohibited anytime on the east side of Stonybrook Drive from Westmount Road East to Sweetbriar Drive; and further, That the Uniform Traffic By-law be amended accordingly." 2. DTS-04-068 - GREEN VALLEY DRIVE ON-STREET PARKING FAIRVIEW-GATEWAY WARD The Committee considered Development and Technical Services Department report DTS-04- 068 dated April 26, 2004, regarding on-street parking on Green Valley Drive. On motion by Councillor J. Gazzola - it was resolved: "That on-street parking be prohibited at any time on the south/west side of Green Valley Drive from Pioneer Drive to the westerly intersection of Mill Park Drive; and further, That the Uniform Traffic By-law be amended accordingly." 3. DTS-04-072 - ANNUAL DELEGATED APPROVALS REPORT The Committee considered Development and Technical Services Department report DTS-04- 072 dated April 27, 2004, regarding the 2003 Annual Report - delegated approval authority. On motion by Councillor J. Gazzola - it was resolved: "That Council Receive DTS-04-072 for information; and further, That Report DTS-04-072 be submitted to the Regional Municipality of Waterloo in fulfilment of Clause 22.1 of the Administrative Agreement between The City of Kitchener DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 10~ 2004 3. - 41- CITY OF KITCHENER DTS-04-072 - ANNUAL DELEGATED APPROVALS REPORT (CONT'D) and the Regional Municipality of Waterloo Regarding Delegated Authority." CRPS-04-065 - SHADE FOR KIDS PROGRAM DTS-04-053 - TOYOTA-EVERGREEN LEARNING GROUNDS FOUNDATION The Committee considered Corporate Services Department report CRPS-04-065 dated April 22, 2004, from the Environmental Advisory Committee and Development and Technical Services Department report DTS-04-053 dated April 2, 2004, recommending support for the Shade for Kids Program and participation in the Shade for Kids Program Working Group. On motion by Councillor J. Gazzola - it was resolved: "That the City of Kitchener express its support for the Shade for Kids Program, sponsored by the Toyota / Evergreen Learning Grounds Foundation, and participate in the Shade for Kids Program Working Group." DTS-04-074 - EMERGENCY ACCESS POLICY EXEMPTION REQUEST 85 BANKSIDE DRIVE DEERFIELD HOMES WEST-VICTORIA PARK WARD The Committee considered Development and Technical Services Department report DTS-04- 074 dated May 5, 2004, regarding a request for exemption from Council Policy 1-1035, Emergency Access and Multiple Unit Identification Policy. Mr. L. Masseo advised that Deerfield Homes Limited have submitted a request for exemption from the Council Policy which requires developments with private roads / driveways beyond 150 metres in length from a public street to have an emergency access. The property at 85 Bankside Drive has had a number of development proposals that cannot be completed due to the emergency access requirement. Mr. Masseo advised staff have met with the applicant to discuss the development proposal and the requested exemption which resulted in staff supporting the request subject to the three conditions contained in the report. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, attended on behalf of the applicant advising that his client is in agreement with the staff recommendation including the three conditions and he requested that the Committee endorse the recommendation. On motion by Councillor J. Gazzola - it was resolved: "That the request submitted on behalf of Deerfield Homes Ltd. requesting an exemption from Council Policy I-1035, Emergency Access and Multiple Unit Identification Policy in regards to the future development proposed on the properties legally described as Part Block 37, Registered Plan 1727, Part Lot 35, German Company Tract, Part 16, Plan 58R- 10060 and Part Lot 35, German Company Tract, Parts 1 to 4, Plan 58R7814 (municipally known as 85 Bankside Drive), in the City of Kitchener, to allow a private road to be 227 metres in length from a public street without an emergency access, be approved, in accordance with the following provisions: That the site development have two driveway locations from a public street; That the on-site water supply shall consist of fire hydrants spaced every 150 metres throughout the site; and That the dwellings be equipped with the Direct-to-Fire Monitoring system." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 10~ 2004 - 42- CITY OF KITCHENER DTS-04-076 - EXTENSION OF ENGINEERING SERVICES VICTORIA PARK ENTRANCE FEATURE PROJECT The Committee considered Development and Technical Services Department report DTS-04- 076 dated May 4, 2004, recommending that the City enter into an engineering agreement with MTE Consultants Inc., to facilitate remediation of existing soils in the Joseph Street / Gaukel Street area. On motion by Mayor C. Zehr - it was resolved: "That M.T.E. Consultants Inc. - Kitchener, entered into an engineering agreement with the City of Kitchener to facilitate the removal/remediation of the existing soils that are believed to be impacted by coal tar within a 200 meter long corridor of the Joseph Street right of way, and possibly extending into the park entrance feature area; and, That due to the overall impact and potential for coal tar contamination in both the Joseph Street and Gaukel Street corridors, the sensitive nature of maintaining Grand River Transit access, and the considerable pre-engineering work already completed along the Gaukel Street and Joseph Street corridors, that M.T.E. Consultants Inc., be engaged as the prime engineering consultant to facilitate a seamless pre-design, public consultation and design and construction program, for the planned 2005 reconstruction of Gaukel Street, and Joseph Street from Queen Street to Water Street; and further, That staff of the DTS Engineering Division, Finance and Purchasing negotiate a suitable engineering fee with M.T.E. Consultants, Inc. for the provision of Engineering services for the reconstruction of Joseph Street, Queen Street to Water Street, and the streetscape enhancements on Gaukel Street to King Street." 7. CRPS-04-067 - DEVELOPMENT OF AN URBAN WOODLAND STEWARDSHIP PROGRAM The Committee considered Corporate Services Department report CRPS-04-067 dated April 22, 2004, from the Environmental Advisory Committee recommending support in principle of an Urban Woodland Stewardship Program. On motion by Mayor C. Zehr - it was resolved: "That development of an Urban Woodland Stewardship Program (UWSP) be supported, in principle, to actively involve the public and other partners in assisting to manage the City's woodlands and to create a forum where people can learn and experience nature within the City; and further, That Derek Lippert, and Claude Schneider (alternate), be appointed as the Environmental Committee's representatives to the UWSP Technical Working Committee, for a term to expire on November 30, 2004." CRPS-04-081 - LEASE WITH REGIONAL MUNICIPALITY OF WATERLOO FOR AMBULANCE DEPOT AT FIRE STATION NO. 3 - RIVER ROAD AND OTTAWA STREET The Committee considered Corporate Services Department report CRPS-04-081 dated May 5, 2004, recommending the City enter into a lease agreement with the Region of Waterloo to permit the construction of an ambulance depot at Fire Station No. 3. On motion by Mayor C. Zehr - it was resolved: "That the City enter into a lease agreement with the Regional Municipality of Waterloo that would permit the construction and operation of an ambulance depot and use of one vehicle bay at Fire Station No. 3 at River Road and Ottawa Street, for an initial term of 20 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 10~ 2004 - 43- CITY OF KITCHENER 8. CRPS-04-081 - LEASE WITH REGIONAL MUNICIPALITY OF WATERLOO (CONT'D) years; and further, That the Mayor and Clerk be authorized to execute a lease agreement on terms satisfactory to the City Solicitor." 9. 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 10. The Committee considered Development and Technical Services Department report DTS-04- 037 dated March 12, 2004, which was deferred from the April 26, 2004 Committee meeting to allow further investigation into the parkland dedication of the proposed plan of subdivision. Councillor B. Vrbanovic entered the meeting. Mr. L. Masseo advised that staff have met with Councillor B. Vrbanovic and the applicant to discuss the proposed parkland dedication of the plan of subdivision and it was concluded that there is no better option with respect to the parkland. On motion by Councillor B. Vrbanovic - it was resolved: "That the recommendation contained in Development and Technical Services Department report DTS-04-037, dated March 12, 2004 regarding 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, be approved." It was noted that the Committee's recommendation would be considered when the special Council meeting reconvenes later this date. The meeting then recessed at 6:47 p.m. and reconvened at 7:01 p.m. Chaired by Councillor C. Weylie with all members present except Councillor G. Lorentz. DTS-04-060 - DTS-04-079 - ZONE CHANGE APPLICATION ZC 04/07/F/CB 537 & 547 FREDERICK STREET / 120 ANN STREET MARKO SANDAL BRIDGEPORT - CENTRE WARD The Committee considered Development and Technical Services Department report DTS-04- 060 dated April 22, 2004, and addendum report DTS-04-079 dated May 6, 2004, dealing with a zone change application for the properties 537 & 547 Frederick Street and 120 Ann Street. Mr. L. Masseo advised that the City has received a zone change application to re-zone the subject lands from Residential Eight Zone (R-8) with Special Regulation Provision 202R and Service Station Zone (C-7) with Special Regulation Provision 53R and Special Use Provision 81U to Commercial Residential Three Zone (CR-3) with Special Use Provision 340U. The proposed zone change would facilitate the redevelopment of the site for a potential medical centre and would increase the residential density on the land should a medical centre not be constructed. Mr. Masseo added that the proposed zone change complies with the municipal plan. Mr. C. Bluhm advised that an addendum report, DTS-04-079 dated May 6, 2004, has been circulated to members of the Committee and contains a revised proposed by-law with respect to the zone change application. Mr. Bluhm provided a review of the application advising that the applicant intends to rezone the property in order to complete a sale to a company that wishes to construct a medical centre with limited retail uses. He noted that the proposed zone change would also allow the properties to be developed for high density residential use with no height DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 10~ 2004 - 44- CITY OF KITCHENER 10. DTS-04-060 - ZONE CHANGE APPLICATION ZC 04/07/F/CB (CONT'D) restrictions and a maximum floor space ratio of four. In response to the initial circulation of the proposed zone change and an open house for the area residents, Mr. Bluhm advised of the neighbourhood concerns regarding sufficient on-site parking, full-time 24/7 use and lighting and landscaping issues. Mr. Bluhm advised that in reviewing a site plan that has been submitted with respect to the proposed medical centre the required landscaping has been reduced in order to increase on-site parking but, the Region has agreed to allow additional landscaping on a 13 foot wide road allowance along Frederick Street. He explained that as part of the development application a traffic analysis would be required and that the lighting and landscape issues would be addressed in the site plan. Mr. Bluhm advised of two additional comments received by the Development and Technical Services Department from Jan Guthrie a resident of Ann Street and Mike & Liz Forte, 560 Frederick Street. Ms. Guthrie opposed the high rise residential component of the application. Mr. & Ms. Forte opposed the zone change due to compatibility issues, landscaping, the placement of buildings in relation to neighbouring lots, traffic issues and the fact that the CR- 3 zoning allows for to many possible uses which may not be compatible with the neighbourhood. Mr. Bluhm concluded his presentation stating that staff are recommending approval of the application but with a maximum height of eight storeys and maximum floor space ratio of two, for the residential use. Mr. Ted Matuszek, 548 Frederick Street, appeared before the Committee in opposition and to the proposed zone change. Mr. Matuszek suggested that the proposed development for the site was not a compatible use in conjunction with the neighbouring residential area due to the commercial aspects allowed under the proposed zone change. In answer to questions raised by the Committee, Mr. Matuszek advised that he had no objection to the property being used for a medical centre but without any commercial uses. Mr. Michael Bean, 154 Ann Street, attended representing many of the area residents and gave a presentation outlining their opposition to the proposed zone change. Mr. Bean advised that many of the residents believe the proposed CR-3 zoning is to broad for the subject properties and are concerned that nearly 40% of the proposed medical centre is non-medical retail. Mr. Bean noted that many of the residents only received the planners addendum report on May 7th which has not given them sufficient time to review the application and staff's comments. He also added that there is an environmental issue whereby no development can occur until any contamination has been resolved yet the timeline for that resolution is unclear. In conclusion, Mr. Bean proposed that the subject lands be zoned R-8 with special uses that would permit a true medical centre or similar professional establishment to be constructed on the site. In answer to questions from the Committee, Mr. Bean advised that with respect to the environmental issue he understands that the applicant is wishing to close the sale of the properties by the end of May and in his opinion it may be difficult to satisfy any outstanding environment issues in that short time period. Members of the Committee raised a concern regarding the notice given to area residents and Mr. Bluhm advised that the public notice was given on March 17, 2004. Mr. Joseph Soulier, 146 Bruce Street, attended advising that in addition to the issues raised by Mr. Bean, due to the nature of the possible medical centre there may be a parking issue if insufficient on-site parking is made available. Mr. Soulier added that the adjacent area is family oriented with many children and should there become a parking problem along the side streets there could be a safety issue as well. Mr. Soulier questioned the need for the proposed zone change of CR-3 when and R-8 zoning with any special provision for a medical centre would suffice. Mr. Marko Sandal, the applicant, attended advising that he has owned the property for the past 14 years and has attempted to develop it for a variety of uses but has been unsuccessful. He added that the proposed zone change would provide him with the flexibility to develop the property with a compatible use. He informed the Committee that he has a prospective buyer for the property who will develop the medical centre and commercial uses but, should this deal fall through by having the proposed residential zoning he would have the flexibility to develop it as DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 10~ 2004 - 45- CITY OF KITCHENER 10. DTS-04-060 - ZONE CHANGE APPLICATION ZC 04/07/F/CB (CONT'D) residential property. Mr. Sandal pointed out that he is willing to accept the eight storey height limit and a maximum floor space ratio of two. Mayor C. Zehr inquired as to the status of the site plan application and questioned the ability of the applicant to complete the zoning, environmental and site plan requirements by the end of May. Mr. Masseo advised that the site plan application has been received and reviewed by the Site Plan Committee with approval subject to successful rezoning of the property. Mr. Sandal advised that the property has already undergone environmental remediation and that the paperwork has been submitted to the Region. Mr. Masseo advised that a previous record of site condition was audited by the Ministry of the Environment and it was his understanding that a new record of site condition has been submitted to the MOE and that the Region will provide comments next Monday (May 17). Councillor J. Gazzola asked if the proposed rezoning of the property submitted by Mr. Bean on behalf of the area residents which would allow eight storey residential development or a medical centre, was possible. Mr. Masseo advised that it was possible; however, the municipal plan designates the property as a mixed use node. The Committee raised concerns with respect to the prospective purchaser and developer of the property and whether the proposed plan for a medical centre will come to fruition. It was suggested that it would be beneficial if the developer could meet with staff and the neighbours to discuss the development proposal. Mr. Sandal advised that he would contact the developer and invite a representative to attend a meeting. Councillor J. Smola suggested that the matter be deferred to next Monday's Council meeting in order to allow time for the applicant, the developer, staff and area residents to meet to discuss the proposed zone change and development, the results of which would be reported back to Council. Councillor Vrbanovic also requested that the record of site condition which has been provided to the MOE be given to the City as well. On motion by Councillor J. Smola - it was resolved "That the following recommendation contained in Development & Technical Services Department report DTS-04-079, dated May 6, 2004, be deferred and referred to the May 17, 2004 Council meeting: That Zone Change Application ZC 04/07/F/CB, to change the zoning on the subject lands from Residential Eight Zone (R-8) with Special Regulation Provision 202R and Service Station Zone (C-7) with Special Regulation Provision 53R and Special Use Provision 81U t__o Commercial-Residential Three Zone (CR-3) with Special Use Provision 340U, on lands legally described as Plan 42 Part Lots 13 to 16 and 39, RP 58R-12359 Part 2, in the City of Kitchener, be approved in the form shown in the attached "Proposed By-law", dated May 6, 2004, subject to the following condition: 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. ADJOURNMENT On motion, the meeting adjourned at 8:27 p.m. R. Gosse, Deputy City Clerk