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HomeMy WebLinkAboutDev & Tech Svcs - 2004-09-27DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 277 2004 CITY OF KITCHENER The Development and Technical Services Committee met this date commencing at 4:42 p.m. Present: Chair Councillor C. Weylie Mayor C. Zehr and Councillors J. Smola, J. Gazzola and M. Galloway. Vrbanovic was in attendance for part of the meeting. Councillor B. Staff: G. Stewart, General Manager of Development and Technical Services J. Willmer, Director of Planning Services J. McBride, Director of Transportation Planning D. Trask, Deputy Fire Chief L. Masseo, Manager of Development & Design T. Boutilier, Senior Planner L. Bensason, Heritage Planner D. Ross, Senior Planner S. de Moree, Assistant City Solicitor R. Gosse, Committee Administrator DTS-04-142 - GAGE AVENUE ON-STREET PARKING WEST-VICTORIA PARK WARD The Committee considered Development and Technical Services Department report DTS-04- 142 dated September 13, 2004, regarding on-street parking on Gage Avenue. On motion by Councillor J. Smola - it was resolved: "That parking be prohibited at anytime on the west side of Gage Avenue from a point 140 metres south of Belmont Avenue to a point 20m south thereof; and further, That the Uniform Traffic By-law be amended accordingly." DTS-04-139 - CIVIC CENTRE HERITAGE CONSERVATION DISTRICT - CAPITAL FORECAST & STUDY AREA BOUNDARY CHANGES CRPS-04-176 - RECOMMENDATION OF HERITAGE KITCHENER The Committee considered Development and Technical Services Department report DTS-04- 139 dated September 1, 2004 and Corporate Services Department report CRPS-04-176 dated September 22, 2004, regarding the definition of the Civic Centre Heritage Conservation District Study Area Boundary and related funding. Mr. L. Bensason provided a summary of the staff report DTS-04-139 noting that in 2002 Council directed that a by-law be prepared to define the Civic Centre Heritage District Study Area which was generally bounded by Victoria, Lancaster, Ellen, Queen and Weber Streets. At that time funding was allocated in the 10 year capital forecast to complete the study in 2007-2008. He advised that due to staff resource issues following the approval of the St. Mary's Heritage Conservation District in 2002, staff were unable to proceed with the Civic Centre District study. Staff now have the resources to proceed with the study and in light of the recent announcements regarding the development of downtown educational campuses and initiation of the four churches project in and around the civic centre neighbourhood, it would be appropriate to commence the study as soon as possible. Mr. Bensason advised that the study area being proposed has been revised from the original study area in 2002. The current proposed study area excludes the civic centre park located at Queen and Ellen Streets and includes those properties fronting onto Weber Street from Queen to Water Streets and on Victoria Street from Ahrens to Lancaster Streets. Mr. Bensason advised that under the Heritage Act a municipality may not establish a Heritage District larger than the study area and for this reason, it is recommended to include the properties fronting on Weber and Victoria Streets until the merits of including these properties in the Heritage District are examined. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 277 2004 - 80- CITY OF KITCHENER 2. DTS-04-139 - CIVIC CENTRE HERITAGE CONSERVATION DISTRICT (CONT'D) In answer to questions raised by the Committee, Mr. Bensason explained that Victoria Street North is part of the transit corridor study area but the heritage district study should not conflict with the transit corridor study. He noted that the City of Kitchener has established the same or more heritage districts than other City's in Ontario but pointed out that Ontario lags behind other City's outside of the province. He also advised that as part of the study the municipal plan and zoning by-law designations within the area will be reviewed carefully to ensure compatibility between the heritage district and other planning matters. Mr. Bernie Hermsen, MacNaughton Hermsen Britton Clarkson Planning Limited, attended advising that his firm's office was not within the heritage district study area when first proposed in 2001 but is now part of the study area under the revised boundaries. Mr. Hermsen suggested that the firms property is relative to Victoria Street and not with the civic centre area. Mr. Hermsen further suggested that the properties along Victoria Street are already compatible, zoned appropriately and any redevelopment is subject to site plan control in which design guidelines are in place. He requested that the Committee reconsider the revised boundary of the heritage district study area. On motion by Councillor M. Galloway - it was resolved: "That the 2005-2014 Capital Forecast assign $31,000 in the year 2005 to complete the Civic Centre Heritage District Study; and $21,000 in the year 2006 to complete the Civic Centre Heritage District Plan; and further, That Legal Services be directed to prepare a by-law to define an area, generally bounded by Victoria, Lancaster, Ellen, Queen and Weber Streets, as an area to be examined for future designation as a Heritage Conservation District as shown on Map 2 (New Proposed Civic Centre Heritage District Study Area Boundary) in Appendix 'A' attached to Development and Technical Services Department report DTS-04-139." DTS-04-135 - SHARED AGENDA- GROWTH MANAGEMENT STRATEGY FOR IMPLEMENTATION OF THE CENTRAL TRANSIT CORRIDOR The Committee considered Development and Technical Services Department report DTS-04- 135 dated August 30, 2004 regarding the Growth Management Strategy for implementation of the Central Transit Corridor. Mr. T. Boutilier gave a presentation outlining the staff report advising that the Regional Growth Management Strategy targets the inclusion of 30,000 new residents and 55,000 new jobs within the primary reurbanization area/central transit corridor, over the next 40 years. As part of the strategy staff have developed terms of reference to guide them through the review process which will include a review and analysis of existing development policies and municipal infrastructure capabilities to identify opportunities for urbanization within Kitchener's portion of the central transit corridor. Mr. Boutilier concluded his presentation advising that if it is determined in the phase 1 process that Kitchener's currently planned development potential will not accommodate the required targets set out in the strategy, staff will develop and bring forward a set of alternative policy measures for Council's consideration. In answer to questions raised by the Committee, Mr. Boutilier advised that although the three cities are working independently, reviewing development potentials within their own municipal boundaries, they are working together in conjunction with the Region in order to develop and implement the strategy. On motion by Councillor M. Galloway - it was resolved: "That Development and Technical Services Department report DTS-04-135 be received for information purposes, and that staff be directed to continue with research on implementation of the Regional Growth Management Strategy, as set out in the Terms of Reference attached to report DTS-04-135." The meeting then adjourned at 5:11 p.m. and reconvened at 7:04 p.m. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 277 2004 4. DTS-04-130 - DTS-04-131 - DTS-04-149 - -81- CITY OF KITCHENER PLAN OF SUBDIVISION 30T-96006 ZONE CHANGE APPLICATION ZC 96/32/B/LM HARDING, ANNETS, SElF BLEAMS ROAD SOUTH WARD PLAN OF SUBDIVISION 30T-01207 ZONE CHANGE APPLICATION ZC 01/27/M/DR MAX BECKER ENTERPRISES LIMITED FISCHER HALLMAN ROAD SOUTH WARD REVISIONS TO PLANS OF SUBDIVISION 30T-96006 & 30T-01207 The Committee considered Development and Technical Services Department report DTS-04- 130 and report DTS-04-131 both dated September 8, 2004 regarding plans of subdivision 30T- 96006 and 30T-01207 respectively. The Committee also considered report DTS-04-149 dated September 23, 2004 recommending revisions to the conditions of draft approval for the two plans of subdivision. Ms. D. Ross advised that application for a draft plan of subdivision 30T-96006 and zone change application ZC 96/32/B/LM has been received from Harding, Annets, Seip for the development of a subdivision located on Bleams Road west of Fischer-Hallman Road. The subject property is 3.7 hectares in size and proposes 83 single and semi-detached units and a commercial block. Ms. Ross further advised that application for plan of subdivision 30T-01207 and zone change application ZC 01/27/M/DR has been received from Max Becker Enterprises Limited for a plan of subdivision located on Fischer-Hallman Road north of Bleams Road. This property is 11.9 hectares in size and is being proposed for development of 239 single and semi-detached units. She added that the 2 plans of subdivision were being dealt with concurrently as they are adjacent to each other and they will be serviced by the same stormwater management facility and sanitary pumping station. Ms. Ross pointed out that report DTS-04-149 recommends revisions to the conditions of draft approval for both subdivisions and should be considered first should the Committee approve the two plans of subdivision. Ms. Ross concluded her presentation advising that any concerns received as a result of the circulation have either been addressed or included as conditions of draft approval and that staff are recommending approval to both applications. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning Limited, attended on behalf of the applicants stating that his clients had nothing further to add and requested that the Committee support the three staff reports regarding the two plans of subdivision. On motion by Councillor J. Gazzola - it was resolved: "That the following revisions be made to the conditions of draft approval for 30T-96006: 1) Section 3, Regional Municipality of Waterloo Condition No. 7 - Block 8 should be revised to refer to Block 6. And that the following revisions be made to the conditions of draft approval for 30T- 01207: 1) Section 2, City of Kitchener Conditions, Part 4 - Prior to the Issuance of Building Permits, Condition 4.23 should be deleted. 2) The following condition be included as Condition 6.14 under Part 6 - Other Time Frames: 6.14 The SUBDIVIDER agrees to provide a 3.0 metre landscape buffer on the rear lots within Block 2 and Block 3 (Stage 1) that abut the commercial office site proposed within Site Plan SP 03/29/M/CB. That landscape plan should be to the satisfaction of the Manager of Design and Development DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 277 2004 - 82- CITY OF KITCHENER 4. DTS-04-130 - PLAN OF SUBDIVISION 30T-96006 (CONT'D) and installed within the affected lots immediately after occupancy of such dwellings, or in the event of winter conditions shall be installed by June 1, immediately following occupancy. The SUBDIVIDER also agrees to advise potential homebuyers of the landscape buffer in all offers of purchase and sale. 3) Part 3, Regional Municipality of Waterloo Conditions - that the numbering be corrected to reflect Conditions No. 1 to 12." On motion by Councillor J. Gazzola - it was resolved: "That the recommendation contained in Development and Technical Services Department report DTS-04-130, dated September 8, 2004 regarding plan of subdivision 30T-96006, as amended, be approved; and further, That the recommendation contained in Development and Technical Services Department report DTS-04-131, dated September 8, 2004 regarding plan of subdivision 30T-01207, as amended, be approved." DTS-04-151 - REQUEST FOR DEFERRAL OF DEVELOPMENT CHARGES 555 KING STREET EAST The Committee considered Development and Technical Services Department report DTS-04- 151 dated September 27, 2004 regarding a request by Betzner Brownstones for a six month deferral for the payment of development charges. Mr. J. Willmer advised that the developer of Betzner Brownstones has made a request to defer development charges payment on a 26 unit stacked townhouse development to be located on vacant land at the corner of King Street East and Betzner Street. Mr. Willmer added that the proposed development would provide an innovative form of housing close to the downtown and in the central transit corridor; and furthermore, the site preparation has involved brownfield remediation costs. Mr. Willmer advised that the total payable for the development will be $78,676 and the cost to the City will be the lost earned interest on this amount for six months being approximately $1,375. Councillor Galloway asked if the costs to the City will be recovered. Mr. J. Willmer advised that since the City does not have to borrow funds there are no costs to the City but rather a lost revenue source. The request and all costs involved were discussed with the requester and a deferral agreement was reached to the satisfaction of the City Solicitor. Councillor B. Vrbanovic entered the meeting. Councillor Galloway suggested that all costs to the City as a result of a development charges deferral should be recovered from the developer. Mayor C. Zehr advised that the project may assist in the downtown redevelopment being located at the entrance to the east side of the downtown area and that the benefits of assisting the developer in this case will assist the City. On motion by Councillor J. Smola - it was resolved: "That payment of Development Charges for the 26-unit multiple dwelling development proposed by Betzner Brownstones at 555 King Street East be deferred until six months after the building permit is issued, subject to the owner entering into a deferral agreement to the satisfaction of the City Solicitor." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 277 2004 - 83- CITY OF KITCHENER 6. DTS-04-136 - 1100 RIVER ROAD EAST ZONE CHANGE APPLICATION ZC 03/27/R/TMW AUBURN HOMES INC CHICOPEE-GRAND RIVER WARD The Committee considered Development and Technical Services Department report DTS-04- 136 dated September 2, 2004 regarding zone change application ZC 03/27/R/TMW for the property located at 1100 River Road East. Mr. L. Masseo advised that the City has received a zone change application requesting a change in zoning from residential nine zone (R-9) to neighbourhood shopping centre zone (C-2) to permit the property to be developed with a fast food outlet with a drive-thru and a convenience commercial use. Mr. Masseo explained that the subject site is designated mixed use node by the municipal plan which are intended to achieve a balanced mix of uses that can include retail, office and medium to high density residential developments. The surrounding area of the subject site currently contains extensive commercial use including the Stanley Park Mall and that the proposed rezoning would tip the balance from a mixed use to predominantly commercial. He further advised that from the circulation of the application to the surrounding properties and agencies, concerns have been raised and, the Region opposes the application. Mr. Masseo concluded his presentation advising that the current R-9 zoning is appropriate and compatible with the surrounding area and as such staff are recommending that the application be refused. Ms. Carol Welham, President of the Condominium Corporation located at 10 Holborn Court attended representing the condominium corporation advising that the owners of the units at 10 Holborn Court oppose the application to rezone 1100 River Road East. Ms. Welham submitted a petition opposing the zone change application signed by 59 of the 60 homeowners of 10 Holborn Court. She also submitted a letter from the Principal of Franklin Public School dated September 23, 2004 advising of a traffic incident involving one of the students at the corner of Holborn Drive and River Road. Ms. Welham advised that the owners oppose the rezoning application based on the impacts that the proposed fast food / drive thru and commercial convenience establishments will have on the surrounding residential area including noise, litter, increased traffic, odour, pollution and safety issues. Ms. Welham concluded her presentation requesting that the Committee support the staff recommendation and refuse the zone change application. Mr. Chris Pidgeon, GSP Group Planning Consultants, attended on behalf of the applicant requesting that the Committee grant the zone change application. He advised that the subject property is currently vacant and the zone change to C-2 would permit less uses on the subject site than is currently allowed. Mr. Pidgeon gave a presentation on the other mixed use nodes designated in the municipal official plan advising that with the exception of a couple of areas, most mixed use nodes have drive thru restaurants. He pointed out that the subject site is similar to these other mixed use nodes; therefore, in comparison the proposed zone change would be a compatible use. He pointed out that his client Auburn Homes is an apartment building developer but they have found there is no market for multi residential development in this area. Mr. Pidgeon concluded his presentation suggesting that the mixed use node in the area of River Road and Ottawa Street is similar to other mixed use nodes within the City and that the proposed zone change would be an appropriate use of the subject lands. Councillor B. Vrbanovic suggested that other nodes as discussed by Mr. Pidgeon were not similar with the subject site due to the proximity of the commercial and drive thru uses with the surrounding residential developments. He suggested that perhaps a condominium style development would be suitable and marketable on the subject site. Mayor C. Zehr pointed out that the City does not have many properties zoned high density and as part of the City's reurbanization strategy the subject site and its high density zoning should not be given up. On motion by Councillor B. Vrbanovic - it was resolved: "That zone change application ZC 03/27/R/TMW (1100 River Road East), to change the zoning on the subject lands, legally described as Plan 1278, Part Lot 11, Registered Plan 58R-6822, Part 2, for the City of Kitchener, from Residential Nine Zone (R-9) to Neighbourhood Shopping Centre Zone (C-2), as set out in the form shown in the DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 277 2004 6. - 84- CITY OF KITCHENER DTS-04-136 - 1100 RIVER ROAD EAST (CONT'D) "Proposed By-law", dated September 2, 2004, attached to Development and Technical Services Department report DTS-04-136, be refused." ADJOURNMENT On motion, the meeting adjourned at 7:45 p.m. R. Gosse, Deputy City Clerk