HomeMy WebLinkAboutDev & Tech Svcs - 2004-06-07DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 77 2004
CITY OF KITCHENER
The Development and Technical Services Committee met this date commencing at 7:04 p.m.
Present:
Chair Councillor C. Weylie,
Mayor C. Zehr, Councillors J. Smola, J. Gazzola, M. Galloway, G. Lorentz and B.
Vrbanovic who was in attendance for part of the meeting.
Staff:
R. Browning, Acting Chief Administrative Officer
G. Stewart, General Manager of Development and Technical Services
R. Shamess, Director of Engineering Services
J. Willmer, Director of Planning Services
J. Witmer, Director of Building
D. Trask, Deputy Fire Chief
J. McBride, Director of Transportation Planning
L. Masseo, Manager of Design and Development
F. McCrea, Assistant City Solicitor
K. Stork, Planner
R. Gosse, Committee Administrator
Councillor C. Weylie, Chair, advised that the item listed on the agenda as #8 DTS-04-069 - Modification
to Draft Plan of Subdivision 30T-92010 is not a matter requiring a public hearing as listed on the
agenda.
1. DTS-04-077 -
ZONE CHANGE APPLICATIONS ZC 03/33/L/KS & ZC 03/34/L/KS
MUNICIPAL PLAN AMENDMENT APPLICATION MP 03/07/L/KS
233 & 265 LAWRENCE AVENUE
WEST-VICTORIA PARK WARD
The Committee considered Development and Technical Services Department report DTS-04-
077 dated May 4, 2004, regarding a municipal plan amendment and two zone change
applications for the properties 233 & 265 Lawrence Avenue, submitted by Blaze Properties
Inc./Eiwo Canadian.
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 03/07/L/KS
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 June 14, 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. '
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 7, 2004 - 47- CITY OF KITCHENER
1. DTS-04-077 - ZONE CHANGE APPLICATIONS ZC 03/33/L/KS & ZC 03/34/L/KS (CONT'D)
Ms. K. Stork provided an overview of the staff report advising that the owners of the two subject
properties have submitted a municipal plan amendment application to change the designation
from General Industrial to Medium Rise Residential. The zone change application for 233
Lawrence Avenue submitted by Blaze Properties proposes to change the zoning from General
Industrial Zone (M-2) to Residential Eight Zone (R-8) to permit the development of two Iow rise
apartment buildings. The zone change application for 265 Lawrence Avenue submitted by Eiwo
Canadian had proposed to change the zoning from General Industrial Zone (M-2) to Residential
Six Zone (R-6) to permit a cluster townhouse development but staff considered the application
and is recommending that the zoning be changed to Residential Eight Zone (R-8) which is more
appropriate and consistent with the surrounding properties. Ms. Stork added that as part of the
recommendation the zoning by-laws would not receive three readings until a record of site
condition is completed for the entire property to the satisfaction of the Regional Municipality of
Waterloo.
There were no delegations to speak on the matter.
On motion by Mayor C. Zehr -
it was resolved:
"A.
That Municipal Plan Amendment Application MP03/07/L/KS requesting a change
in designation from General Industrial to Medium Rise Residential on lands legally
described as Parts of Lots 83 and 96, Plan 786, in the City of Kitchener, be
approved, in the form shown in the proposed Municipal Plan Amendment
attached to Development and Technical Services Department report DTS-04-077,
dated May 4, 2004; without conditions, and accordingly forwarded to the Region of
Waterloo.
That Zone Change Application ZC03/33/L/KS requesting a change from General
Industrial Zone (M-2) to Residential Eight Zone (R-8), on the lands legally
described as Part Lot 83, Plan 786, in the City of Kitchener, be approved, in the
form shown in the "Proposed By-law (A)', dated May 7, 2004, attached to
Development and Technical Services Department report DTS-04-077, dated May
4, 2004; 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.
That Zone Change Application ZC03/34/L/KS requesting a change from General
Industrial Zone (M-2) to Residential Eight Zone (R-8), on the lands legally
described as Part Lot 96, Plan 786, in the City of Kitchener, be approved, as
shown in the attached "Proposed By-law (B)', dated May 7, 2004, attached to
Development and Technical Services Department report DTS-04-077, dated May
4, 2004; 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."
DTS-04-067 -
MARGARET AVENUE / MAYNARD AVENUE / YOUNG STREET
CITY OF KITCHENER NOISE BY-LAW EXEMPTION
BRIDGEPORT-CENTRE WARD
The Committee considered Development and Technical Services Department report DTS-04-
067 dated April 21, 2004, regarding an exemption to the City's Noise By-law for construction
work on Margaret Avenue, Maynard Avenue and Young Street.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 7, 2004 - 48- CITY OF KITCHENER
2. DTS-04-067 - MARGARET AVENUE / MAYNARD AVENUE / YOUNG STREET (CONT'D)
On motion by Councillor J. Gazzola -
it was resolved:
"That the Regional Municipality of Waterloo, the City of Kitchener 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 reconstruction projects listed as City of
Kitchener Contract No. T04-003; between the hours of 7:00 p.m. to 7:00 a.m. over a two
(2) day period during a two (2) week time frame from June 7, 2004 to June 25, 2004."
DTS-04-070 -
WATER STREET SOUTH
PARKING METER REMOVAL
WEST-VICTORIA PARK WARD
The Committee considered Development and Technical Services Department report DTS-04-
070 dated April 28, 2004, regarding the removal of parking meters on Water Street South.
On motion by Councillor J. Gazzola -
it was resolved:
"That the parking meters on the west side of Water Street South, between Joseph Street
and Jubilee Drive, be removed; and,
That on-street parking be permitted for a maximum period of two (2) consecutive hours
from 8:00 a.m. to 6:00 p.m., Monday to Saturday on the west side of Water Street South,
Joseph Street to a point 63 metres north of Jubilee Drive; and further,
That the Uniform Traffic By-law be amended accordingly."
DTS-04-080 -
VICTORIA STREET NORTH SEWAGE PUMPING STATION
CITY OF KITCHENER NOISE BY-LAW EXEMPTION
CHICOPEE-GRAND RIVER WARD
The Committee considered Development and Technical Services Department report DTS-04-
080 dated May 7, 2004, regarding an exemption to the City's Noise By-law for construction work
on Victoria Street North.
On motion by Councillor J. Gazzola -
it was resolved:
"That the Regional Municipality of Waterloo, the City of Kitchener 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 reconstruction projects listed as City of
Kitchener Contract No. T03-015; between the hours of 7:00 p.m. to 7:00 a.m. over a two
(2) to three (3) day period during the time frame from June 9, 2004 to June 25, 2004."
DTS-04-081 -
FISCHER-HALLMAN ROAD OVERPASS STRUCTURE REPLACEMENT
CITY OF KITCHENER NOISE BY-LAW EXEMPTION
FOREST-ROCKWAY WARD
The Committee considered Development and Technical Services Department report DTS-04-
081 dated May 10, 2004, regarding an exemption to the City's Noise By-law for construction
work on Fischer-Hallman Road.
On motion by Councillor J. Gazzola -
it was resolved:
"That the Ministry of Transportation of Ontario (MTO), the Regional Municipality of
Waterloo, the City of Kitchener and its contractor(s) be exempt from the provisions of
Chapter 450 (Noise) of the City of Kitchener Municipal Code Article 6 Construction Work
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 7, 2004
5. DTS-04-081 -
(CONT'D)
FISCHER-HALLMAN
- 49- CITY OF KITCHENER
ROAD OVERPASS STRUCTURE REPLACEMENT
during the replacement of the expansion joints on Fischer-Hallman Road in the City of
Kitchener; between the hours of 7:00 p.m. to 7:00 a.m. over one weekend during the
period from June 18, 2004 to July 12, 2004."
Councillor G. Lorentz requested that the residents in the surrounding area of the work be notified
as to when the work will take place. Mr. J. McBride advised that the residents will be notified.
DTS-04-083 -
KING STREET EAST / CAMERON STREET SOUTH
PARKING METER REMOVAL
BRIDGEPORT-CENTRE WARD & WEST-VICTORIA PARK WARD
The Committee considered Development and Technical Services Department report DTS-04-
083 dated May 20, 2004, regarding the removal of parking meters on King Street East &
Cameron Street South.
On motion by Councillor J. Gazzola -
it was resolved:
"That the parking meters on the north side of King Street East between Madison Avenue
and Stirling Avenue, and the parking meters on the south side of King Street East
between Cameron Avenue South and Pandora Avenue, be removed; and,
That on-street parking be permitted for a maximum period of two (2) consecutive hours
from 8:00 a.m. to 6:00 p.m., Monday to Saturday on the north side of King Street East
between Madison Avenue and Stirling Avenue, and the south side of King Street East
between Cameron Avenue South and Pandora Avenue; and,
That the parking meters on the west side of Cameron Street South between Charles
Street East and King Street East be removed; and,
That on-street parking be permitted for a maximum period of two (2) consecutive hours
from 8:00 a.m. to 6:00 p.m., Monday to Saturday on the west side of Cameron Street
South between Charles Street East and King Street East; and further,
That the Uniform Traffic By-law be amended accordingly."
DTS-04-075 -
VICTORIA STREET NORTH
SANITARY SEWER PUMPING STATION
ENGINEERING FEE INCREASE REQUEST
The Committee considered Development and Technical Services Department report DTS-04-
075 dated May 31, 2004, regarding a request for additional expenditures with respect to
Expression of Interest E02-044.
On motion by Councillor J. Gazzola -
it was resolved:
"That the submitted request for increase in fees for consultant services related to
Expression of Interest E02-044, Consultant Services - Construction of the Victoria Street
North Sanitary Sewage Pumping Station, to account for City initiated changes of scope
and timing be approved and that additional expenditures of $218,824.29 be approved."
DTS-04-091 -
TEMPORARY OCCUPANCY REQUEST
686 KING STREET WEST
CANADIAN WIRELESS & DATA INC.
The Committee considered Development and Technical Services Department report DTS-04-
091 dated June 2, 2004, regarding a temporary occupancy request for 686 King Street West.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 7, 2004 - 50-
CITY OF KITCHENER
8. DTS-04-091 - TEMPORARY OCCUPANCY REQUEST (CONT'D)
On motion by Councillor J. Gazzola -
it was resolved:
"That the request for temporary occupancy for 686 King Street West, be approved
conditional upon the following:
"That enforcement of the City's Zoning By-law be waived with respect to the retail
use on the property zoned CR-2, 136U at 686 King Street West and temporary
occupancy be approved subject to the retail 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."
DTS-04-069 -
MODIFICATION TO DRAFT PLAN OF SUBDIVISION 30T-92010
AMENDMENT TO BRIDGEPORT EAST COMMUNITY PLAN
TAGGE CRESCENT
BRIDGEPORT-CENTRE WARD
The Committee considered Development and Technical Services Department report DTS-04-
069 dated May 11, 2004, regarding an amendment to Bridgeport East Community Plan and a
modification to draft plan of subdivision 30T-92010.
Mr. L. Masseo advised of an application to modify draft plan of subdivision 30T-92010 which
although does not require a public meeting under the Planning Act, has received a number of
comments in opposition to the proposed modifications and therefore staff felt it would be
appropriate to bring the matter before the Committee. Ms. K. Stork provided an overview of the
staff report advising that the purpose of the proposed modification is to facilitate a development
of 14 residential lots which will provide for the development of eight single detached dwellings
and six semi-detached dwellings. This will result in 20 units whereas the current draft plan
allows 14. Ms. Stork added that the modification will also require an amendment to the
Bridgeport East Community Plan. Ms. Stork further advised that information sessions have been
held for the community and that the City has received two petitions in opposition with the
proposed modification.
Mr. Douglas Stewart, Planning and Engineering Initiatives, attended representing the applicant
advising that the proposed modifications to the draft plan of subdivision are in compliance with
the municipal plan and the zoning by-law. Mr. Stewart also advised that the recommended
conditions to the plan of subdivision contained in the staff report are appropriate and he is in
agreement with the staff recommendation. Mr. Stewart concluded his presentation stating that
the application is an issue of planning and is in compliance with the municipal plan and zoning
by-law and he requested that the Committee support the application.
Councillor B. Vrbanovic entered the meeting.
Mr. Michael Lalonde, 1 Schueller Street, appeared before the Committee in opposition with the
proposed modifications. He advised that although he does not oppose the ideals of the Habitat
for Humanity organization he had concerns with the organization developing a small subdivision
rather than its original mandate of building homes on in-filling lots. Mr. Lalonde also expressed
concerns regarding the impact on traffic due to the increased number of lots and the possible
negative impact on the existing homes with respect to their value due to the large concentration
of the Habitat for Humanity houses. Mr. Lalonde pointed out that in the past other developers
were denied similar applications to develop the subject lands and questioned why this
application was being recommended for approval.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 7~ 2004 - 51- CITY OF KITCHENER
9. DTS-04-069 - MODIFICATION TO DRAFT PLAN OF SUBDIVISION 30T-92010 (CONT'D)
Councillor B. Vrbanovic asked Mr. Lalonde if he would have concerns if the subject lands were
developed by a private for-profit developer. Mr. Lalonde answered he would have no concerns
as long as the houses were compatible with the existing surrounding houses, that they contained
sufficient parking and did not exceed the 14 approved lots.
Mr. Craig Dubecki, 252 Tagge Crescent, attended in opposition to the proposed modifications
advising that he has concerns regarding the negative market impact that these homes may have
on the existing properties in the neighbourhood. Mr. Dubecki also raised a concern with
increased traffic in an area that is already experiencing traffic problems and the issue of safety
with respect to children.
In answer to questions raised by the Committee, staff advised that some improvements in traffic
have been made in the surrounding areas which may alleviate some of the problems in the
Bridgeport area but that improvements to the bridge will not be addressed until at least the year
2008. The Committee was also advised that in the original draft plan of subdivision no sidewalks
were required on Tagge Crescent.
Councillor J. Smola advised he was in opposition to the application regardless of who was
developing the lots, that the issue is the proposed modification to the original draft plan to add an
additional six lots that will only add to the existing traffic problems in the area. Mayor C. Zehr
pointed out that clause 17 of the conditions to the plan of subdivision would appear to limit the
number of dwelling units to 14 until such time as the transportation study update has been
completed and the Region has approved the additional lots with respect to the study. Councillor
G. Lorentz questioned the validity of clause 17a of the conditions advising that the traffic
situation will not improve without improvements made to the bridge.
Mayor C. Zehr moved the motion to approve the recommendation contained in the staff report
which was voted on and lost.
On motion by Councillor J. Smola -
it was resolved:
"That the application to modify the draft approval to Plan of Subdivision 30T-92010,
located on Tagge Crescent in the City of Kitchener, submitted by Habitat for Humanity
Waterloo Region / Edwin Brissette, be refused."
10. DTS-04-089 - UPDATE ON KITCHENER WEST SIDE LANDS
The Committee considered Development and Technical Services Department report DTS-04-
089 dated June 1,2004, providing an update on the Kitchener West Side Lands.
Mr. J. Willmer provided an overview of the staff report and advise on the current status of the
west side lands identifying the matters required to be addressed prior to urban development of
these lands.
Mr. Paul Puopolo, Planning & Engineering Initiatives, attended representing a client who owns
lands abutting and part of the subject west side lands. He advised that his client wishes to
update the Laurentian plan to incorporate the new lands into an existing development plan. He
also advised that his client has recently submitted a plan to service the subject lands which if
approved would allow the west side lands to move forward for development.
Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, attended representing a client who
owns property within the subject lands advising that in context with recent discussions during the
City's budget process his client was looking for Council's confirmation that the west side lands
would not be designated for employment purposes and could be developed as residential. Mr.
Britton advised that his client intends to submit an official plan amendment on the west side
lands so as to move forward with residential development.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 7, 2004
10.
11.
- 52- CITY OF KITCHENER
DTS-04-089 - UPDATE ON KITCHENER WEST SIDE LANDS (CONT'D)
Mayor C. Zehr advised that although the City did not take the position to abandon the subject
lands as employment lands, it is important that a final determination on the use of these lands be
made as soon as possible in order to allow the proper development to take place.
DTS-04-086 - BILL 124
ACT TO IMPROVE PUBLIC SAFETY AND TO INCREASE EFFICIENCY IN
BUILDING CODE ENFORCEMENT
The Committee was in receipt of Development and Technical Services Department report DTS-
04-086 dated May 21, 2004, regarding an update on Bill 124, an Act to Improve Public Safety
and to Increase Efficiency in Building Code Enforcement.
Mr. J. Witmer provided an overview of the report advising the status of the City's Building
Division with respect to the requirements of Bill 124.
Councillor G. Lorentz raised a concern regarding an item on the unfinished business list dealing with
traffic calming in neighbourhoods advising of the need to discuss this issue and make traffic calming a
priority. Councillor Lorentz requested that the item be moved forward to the August meeting of the
Development and Technical Services Committee. Mr. R. Browning advised that he would look into the
matter and bring the report forward for the Committee's consideration.
12. ADJOURNMENT
On motion, the meeting adjourned at 8:38 p.m.
R. Gosse,
Deputy City Clerk