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HomeMy WebLinkAboutDev & Tech Svcs - 2005-01-24DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JANUARY 247 2005 CITY OF KITCHENER The Development and Technical Services Committee met this date commencing at 6:30 p.m. Present: Chair Councillor C. Weylie, Councillors J. Smola, B. Vrbanovic, J. Gazzola and M. Galloway. Mayor C. Zehr entered the meeting shortly after its commencement. Staff: G. Stewart, General Manager of Development & Technical Services J. Willmer, Director of Planning Services J. McBride, Director of Transportation Planning R. Shamess, Director of Engineering Services D. Trask, Acting Fire Chief L. Masseo, Manager of Development & Design F. McCrea, Assistant City Solicitor D. Gilchrist, Committee Administrator DTS-05-009 HIGHWAY 8 RECONSTRUCTION & WIDENING CITY OF KITCHENER NOISE BY-LAW EXEMPTION CHICOPEE-GRAND RIVER WARD & FAIRVIEW-GATEWAY WARD The Committee considered Development and Technical Services Department report DTS-05- 009 dated January 10, 2005, regarding a Noise By-law Exemption for Highway 8 reconstruction and widening. Mr. J. McBride confirmed residents will have access to telephone numbers for the Ministry and the contractor they can call if they have any concerns through the construction period. Further, any unresolvable issues can be brought to this Committee. On motion by Councillor J. Gazzola - it was resolved: "That the Ministry of Transportation 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 and widening of Highway 8 in the City of Kitchener. The request for the noise by-law exemption is between the hours of 7:00 p.m. to 7:00 a.m. for the period from April 1,2005 to November 30, 2006." DTS-05-010 - BELMONT VILLAGE ON-STREET PARKING WEST-VICTORIA PARK WARD The Committee considered Development and Technical Services Department report DTS-05- 010 dated January 10, 2005, regarding on-street parking in Belmont Village. On motion by Councillor J. Gazzola - it was resolved: "That parking be permitted for a maximum period of two (2) consecutive hours on the south side of Belmont Avenue from Rock Avenue to a point 50 metres east of Union Boulevard; and, That parking be permitted for a maximum period of two (2) consecutive hours on the north side of Belmont Avenue from a point 100 metres west of Glasgow Avenue to a point 59 metres west thereof; and, That parking be permitted for a maximum period of two (2) consecutive hours on the north side of Belmont Avenue from a point 97 metres east of Union Boulevard to a point 46 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JANUARY 247 2005 3. DTS-04-195 - -5- CITY OF KITCHENER PROCESS TO USE PART LOT CONTROL EXEMPTION BY-LAWS TO CREATE PARCELS OF TIED LAND FOR A COMMON ELEMENTS CONDOMINIUM The Committee considered Development and Technical Services Department report DTS-04- 195 dated January 17, 2005, regarding a revised process to deal with the creation of Parcels of Tied Land for Common Elements Condominiums. Mr. L. Masseo explained the contents of the report noting that Common Elements Condominiums have become very popular over the last 3-4 years. Such a condominium blends freehold home ownership with condominium living; as the property owner will own their home and lot, while sharing certain common elements. The current process to create these freehold lots and the common elements condominium is time consuming, costly and cumbersome. The recommendation in the staff report provides a less complicated method of achieving the same thing; this method being less ownerous on the applicant while accommodating the needs of the City. Mr. C. Robson was in attendance in support of the staff recommendation. He advised of his involvement with staff in developing this process, which he believes is a fair balance in meeting the needs of the City and the applicant. On motion by Councillor B. Vrbanovic - it was resolved: "That the Manager of Design and Development be authorised to grant exemptions to the provisions of Section 51 and 51.1 of the Planning Act as contemplated by Section 9 of the Condominium Act, 1998; and, That By-law 2004-269 (Tariff of Fees) be amended to establish a new application and fee of $500.00 for a Request for Exemption of Draft Plan of Condominium Approval; and further, That a new Council Policy, to establish a process to use Part Lot Control Exemption By- laws to create Parcels of Tied Land for a Common Elements Condominium, be adopted as follows: POLICY CONTENT Where lands are located within a registered plan of subdivision, the creation of Parcels of Tied Land (POTL's) for residential development related to a proposed Common Elements Condominium may be created through an application for Part Lot Control Exemption. This process is intended for small scale residential developments where the lands have been registered as a Block within a Plan of Subdivision and where Site Plan Approval is required. Where an application for Part Lot Control Exemption is received, the City Solicitor shall prepare the necessary Part Lot Control Exemption By-law; and shall advise the General Manager of Corporate Services and City Clerk of its particulars for Council Agenda, upon receiving direction from the City's Development and Technical Services Department that the application is acceptable and the following prior conditions have been met: a) final approval of a zone change application has been received, if necessary for the form of development proposed; b) a Site Plan has been approved for the development and a Section 41 Development Agreement has been registered on title; c) final approval of a draft plan of condominium has been received and any conditions of approval have been fulfilled or alternatively an exemption has been granted pursuant to Section 9 of the Condominium Act. If considered appropriate by the Manager of Design and Development, an application for draft plan of condominium may have a reduced circulation period of 10 days and only be DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JANUARY 247 2005 3. DTS-04-195 - d) e) f) g) h) i) -6- CITY OF KITCHENER PROCESS TO USE PART LOT CONTROL EXEMPTION BY-LAWS TO CREATE PARCELS OF TIED LAND FOR A COMMON ELEMENTS CONDOMINIUM (CONT'D) circulated to internal departments and to the Regional Municipality of Waterloo for comment. Additional agencies may be included in the circulation at the discretion of the Manager of Design and Development; the project solicitors have provided their unqualified certification that the proposed declaration for the proposed Common Elements Condominium has been approved by the Registry Office and all signatures and certification required to permit its registration have been included therein; the project surveyors have provided their unqualified certification that the proposed description plans for the proposed Common Elements Condominium have been approved by the Registry Office and all signatures and certifications required to permit its registration have been included thereon, other than on the behalf of the City of Kitchener; the City of Kitchener has been provided with the deposited reference plan that will describe the proposed Parcels of Tied Land and that said reference plan reflects the approved Site Plan and engineering drawings; a certificate has been received by the City of Kitchener from an Ontario Land Surveyor confirming that all proposed foundation walls for the site have been constructed and that the boundaries of the parts of the deposited reference plan insofar as the same relate to dividing one proposed Parcel of Tied Land from another within the confines of the building envelope lie on or within the actual part wall foundation wall so as to ensure that no part of any proposed Parcel of Tied Land lies beyond a party wall foundation wall, or the deposited reference plan describing the Parcels of Tied lands must show the location of the foundation walls to the satisfaction of the City of Kitchener; confirmation that any other agreements required in the conditions of Site Plan Approval or conditions of Draft Plan of Condominium which apply to the lands are not in default; and; that an irrevocable undertaking, irrevocably authorised by the proposed Declarant, has been obtained from the proposed Declarant's solicitor and surveyor to register the declaration and description plans for the proposed Plan of Condominium forthwith upon: i) the passage and registration of the Part-Lot Control Exemption By- law; and ii) signing of the description plan approval or exemption box on the description plans by the City of Kitchener; and, that the proposed Declarant undertakes to the City of Kitchener that there shall be no conveyance of the Parcels of Tied Land until such time as the Plan of Condominium description and declaration have been registered on title. The City of Kitchener may withhold registration of the Part Lot Control Exemption Bylaw pending the City of Kitchener solicitor making escrow arrangements with the solicitor for the proposed Declarant that are satisfactory to the City of Kitchener solicitor to ensure the proposed declaration is registered immediately following the registration of the Part Lot Control Exemption Bylaw." Mayor C. Zehr entered the meeting at this time. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JANUARY 247 2005 -7- CITY OF KITCHENER 4. DTS-05-008 - PARK LAND DEDICATION EXEMPTION 265 LAWRENCE AVENUE COOK HOMES WEST-VICTORIA PARK WARD The Committee considered Development and Technical Services Department report DTS-05- 008 dated January 14, 2005, in response to the request received from Cook Homes Inc. for an exemption from the parkland dedication requirement for 265 Lawrence Avenue, subject to the parkland dedication being spent on an upgraded parkette for the development. Mr. L. Masseo introduced the report and advised that Cook Homes would rather spend the money they would normally pay the City for parkland dedication for a superior facility on this development. It was noted there are not any parks in the immediate vacinity of 265 Lawrence Avenue, and the development has been designed to attract young families. Mr. Masseo noted the development will have a facility better than what the City can provide, and the City will not have to pay to maintain it. Further, there will be an agreement on title which will require the owner to maintain this facility is perpetuity. Ms. K. Dietrich, GSP Group, was in attendance on behalf of Cook Homes, in support of the staff recommendation. On motion by Councillor J. Gazzola - it was resolved: "That an onsite parkette and play structure having a value of $80,000.00 be accepted in lieu of the required 5% cash-in-lieu contribution to park dedication of $52,950.00 for the property municipally known as 265 Lawrence Ave, as per the written request from GSP Group on behalf of Cook Homes Inc. with the following condition: That the owner enter into an Agreement with the City of Kitchener to construct and maintain in perpetuity an onsite parkette and play structure having a value of $80,000.00 to the satisfaction of the Manager of Design and Development in consultation with the Manager of Park Planning, Development and Operations." DTS-04-199 - DTS-04-198 - ADDENDUM TO DTS-04-198 ZONE CHANGE APPLICATION ZC 02/30/F/DR 1193 & 1201 FISCHER HALLMAN ROAD ROBERT & BRYAN KIESWETTER & RON HOEKSTRA SOUTH WARD The Committee was in receipt of Development and Technical Services Department report DTS- 04-198 dated December 17, 2004, recommending approval of zone change application ZC 02/30/F/DR for properties municipally known as 1193 & 1201 Fischer Hallman Road. The Committee was provided this date with copies of an addendum report, being DTS-04-199, and a draft by-law, dated January 24, 2005, replacing the recommendation in the original report, DTS- 04-198. The addendum report explains that Holding Zone Regulation 49H requiring the completion of a Record of Site Condition, was originally requested for both properties; however, since writing the original report, the Region has advised that a Record of Site Condition is only required for Lot 3, being 1201 Fischer Hallman Road. The staff recommendation and draft by- law have been changed accordingly. Mr. P. Britton was in attendance on behalf of the property owners, in support of the recommendation in the addendum report. He noted he had only been advised by the Region this date that the Record of Site Condition was not required for 1193 Fischer Hallman Road. No one else was in attendance to speak on this matter. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JANUARY 247 2005 -8- CITY OF KITCHENER 5. DTS-04-199 - DTS-04-198 - ADDENDUM TO DTS-04-198 ZONE CHANGE APPLICATION ZC 02/30/F/DR (CONT'D) On motion by Councillor M. Galloway - it was resolved: "That Zone Change Application ZC 02/30/F/DR (Kieswetter/Hoekstra) to change the zoning on the subject lands from Agricultural Zone (A-l) to Convenience Commercial Zone (C-1) with Special Use Provision 321U and Holding Zone Regulation 49H on lands legally described as Lot 3 Registrars Compiled Plan 1470 municipally known as 1201 Fischer Hallman Road, and from Agricultural Zone (A-l) to Convenience Commercial Zone (C-1) with Special Use Provision 321U on lands legally described as Lot 4 Registrars Compiled Plan 1470 municipally known as 1193 Fischer Hallman Road, in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated January 24, 2005, attached to Development and Technical Services Department report DTS-04-199." ADJOURNMENT On motion, the meeting adjourned at 6:55 p.m. D. Gilchrist, Committee Administrator