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HomeMy WebLinkAboutDev & Tech Svcs - 2005-05-16 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 16, 2005 CITY OF KITCHENER The Development and Technical Services Committee met this date commencing at 4:30 p.m. Present: Councillor C. Weylie - Chair Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, M. Galloway and J. Gazzola Staff: C. Ladd, Chief Administrative Officer G. Stewart, General Manager of Development & Technical Services R. Browning, Fire Chief J. Willmer, Director of Planning J. McBride, Director of Transportation Planning R. Shamess, Director of Engineering Services F. McCrea, Assistant City Solicitor T. Boutilier, Senior Planner L. Masseo, Manager of Design & Development K. Currier, Acting General Manager of Community Services T. Malone-Wright, Senior Planner C. Bluhm, Planner D. Gilchrist, Committee Administrator DTS-05-082 - NEW PROVINCIAL POLICY STATEMENT (2005) 1. - LAND USE PLANNING AND DEVELOPMENT IN ONTARIO The Committee considered Development and Technical Services Department report DTS-05-082, dated May 2, 2005, regarding the new Provincial Policy Statement (2005). Ms. T. Malone-Wright presented the report with respect to the new Provincial Policy Statement which took effect on March 1, 2005. The purpose of the Provincial Policy Statement is to protect provincial interests in land use planning. She noted the strengthening of the language; whereas, under the previous Provincial Policy Statement decision makers were to “have regard to” the Policy Statements, now planning decisions “shall be consistent with” the new Policy Statement. In other words, a higher compliance with the Policy Statement is now required. This Provincial Policy Statement focuses on desired outcomes, and provides municipalities with discretion as to how to achieve those outcomes. Ms. Malone-Wright continued her presentation by providing highlights of the new Provincial Policy Statement, noting: with respect to employment lands, studies will be required before these lands can be changed to another use to demonstrate these lands are not required for long term employment purposes. With respect to Brownfields, the Policy Statement supports the redevelopment of Brownfields. The Policy Statement supports more transit friendly land use patterns, to ensure a sufficient number of people near transit routes to make the system viable. They also provide stronger direction with respect to land use patterns that encourage improved air quality and alternative and renewable energy. Upon questioning by Mayor C. Zehr concerning reurbanization and employment lands, Ms. Malone-Wright stated the Provincial Policy Statement must be considered in its entirety, and it is up to the municipality to decide. The municipality should have policies in this regard in its Official Plan, and the Official Plan must be consistent with the Provincial Policy Statement. When questioned as to the City’s next review of the Official Plan, Mr. Willmer advised the review will conclude shortly after the Region’s review of the Regional Official Policies Plan in the Fall of 2006. DTS-05-035 - REALIGNMENT OR CLOSURE OF PLAINS ROAD 2. - RESPONSE TO REQUEST OF MR. R. MILLIGAN The Committee considered Development and Technical Services Department report DTS-05-035, dated May 10, 2005, regarding the realignment or closure of Plains Road at the request of Mr. R. Milligan. Mr. McBride introduced this report, explaining the request received from Mr. R. Milligan in December 2003. He advised staff have concerns with the request and methods proposed by DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 16, 2005 - 45- CITY OF KITCHENER DTS-05-035 - REALIGNMENT OR CLOSURE OF PLAINS ROAD (CONT’D) 2. Mr. Milligan. He advised there have been 19 reported collisions on Plains Road, between Fischer- Hallman Road and Trussler Road, over the last 3 years, excluding those that may have taken place at the intersections, and in most cases the contributing factor was excessive speed. Mr. McBride advised three options to address the situation have been outlined in the report, being: maintaining the status quo, and to address speeding through requests for police enforcement; regrading Plains Road for a distance of approximately 110 metres on either side of the horizontal curve; or, conduct a Class B Environmental Assessment to close the road. Mr. Milligan was in attendance in opposition to the staff recommendation. He displayed a map of the Plains Road area, stating this is the equivalent of a country road which people speed along, there have been a number of accidents. He stated there is great risk at the farm driveway, and risk at the two intersections. In addition to the number of accidents stated by staff, there have been 6 accidents at the Fischer-Hallman Road intersection and 2 at the Trussler Road intersection over the same 3 year time period. He then explained the difficulties drivers have to deal with at the two intersections during the rush hours. He suggested the need for a traffic calming device such as a berm or traffic circle, along with the use of warning signs such as “stop sign ahead” or “berm ahead”. He suggested the costs would be minimal. Also, he advised the farmer whose land is at the curve, would provide land free of charge to the municipality for the berm. Mr. Milligan also suggested using gravel instead of tar and chip for the road surface, which would slow down traffic. Mr. Milligan requested the Committee defer its consideration of the recommendation in the staff report. Mayor Zehr questioned whether other warnings, such as flashing beacons, can be used in addition to warning signs. Mr. McBride responded that a vast majority of the collisions result from excessive speed, and he believes the road is already well signed. Mayor Zehr questioned whether Mr. McBride had obtained legal advise as to whether a berm could be constructed in the middle of the road. Mr. McBride responded staff would have to comply with Ministry and City designed standards. Upon further questioning, Mr. McBride advised construction of a berm would probably require an environmental assessment. Upon further questioning, Mr. McBride advised there are 1,360 cars per day travelling in both directions on Plains Road. The speed could be reduced but it would have very little effect. Councillor Galloway moved the recommendation in the staff report, advising Mr. Milligan that the approval of this recommendation will not prevent him from having further discussions with City or Regional staff on this matter. On motion by Councillor B. Vrbanovic - it was resolved: “That no action be taken at this time on the realignment or closure of Plains Road as suggested by Mr Robert Milligan and outlined in his presentation that was tabled at the December 8, 2003 Development and Technical Services Committee meeting.” DTS-05-083 - SALE TO DIRKSEN 3. - CHANGE TO VACE SUBDIVISION AGREEMENT R.P. 1741 (HIDDEN VALLEY) - FAIRVIEW-GATEWAY WARD The Committee considered Development and Technical Services Department report DTS-05-083, dated May 10, 2005, regarding changes to Vace Subdivision Agreement R.P. 1741 (Hidden Valley) and the sale to Dirksen. On motion by Councillor J. Gazzola - it was resolved: “That Block 26, R.P. 1741 be released from Condition No. 72 of the City’s Residential Subdivision Agreement with Vace Investments Inc., registered as Instrument Number 1102309 (thereby allowing Blocks 25 and 26 to no longer be required to be held in the same ownership), provided that: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 16, 2005 - 46- CITY OF KITCHENER DTS-05-083 - SALE TO DIRKSEN (CONT’D) 3. a) the owner of Lot 15, R.P. 1741 (Dirksen) agrees to a covenant that both Lot 15 and Block 26 will be held in the same ownership and that Block 26 be used only as open space; and b) that the current owner of Blocks 25 and 26, R.P. 1741 (Becker) agrees to release the existing easement for access over Block 27, R.P. 1741 (City of Kitchener) and shall reinstate the lands to the satisfaction of the City’s General Manager of Community Services.” DTS-05-079 - UNIVERSITY OF WATERLOO SCHOOL OF PHARMACY 4. - DESIGN BRIEF & UPDATE The Committee considered Development and Technical Services Department report DTS-05-079, dated May 10, 2005, regarding the University of Waterloo School of Pharmacy (Health Sciences) design brief and update. Mr. R. Mounsey reviewed the report noting the principles outlined in the report are not compulsory; however, the University has agreed to them, and it is important for the University to know Council endorses these design principles. He advised staff have been working with the University’s design team on this project, and he advised that there are 2 major issues to be addressed: the first is zoning, and they may have to request additional permissions; and there is also the matter of the Regional Rapid Transit Corridor. On motion by Mayor C. Zehr - it was resolved: “That Development and Technical Services Department report DTS-05-079 be received for information purposes and discussion related to the status of the University of Waterloo School of Pharmacy (Health Sciences) Design Brief; and, That Planning staff prepare a Design Brief in partnership with the University of Waterloo to be considered at a future Development and Technical Services Committee meeting; and further, That the following principles be supported, and be incorporated into the Design Brief to provide the basis for future conceptual design: 1) Reflect the vision of the City’s Downtown Strategic Plan policies. 2) Respect, and complement the existing Warehouse District built form through appropriate massing, density and contextually sensitive architecture. 3) Create an urban gateway entrance into the downtown at the Victoria Street / King Street intersection through strong vertical massing and well designed public space. 4) Create active, pedestrian friendly streetscapes through planned land use distribution, unobstructed pedestrian linkages, co-ordinated streetscape details, façade design and transit integration. 5) Maximize pedestrian connectivity and integration to public streets, surrounding land uses, future development phases and transit stations. 6) Provide a hierarchy of open space that contributes to the urban environment and encourages pedestrian movement. 7) Integrate parking facilities into site design and reduce surface parking spaces over time. 8) Maximize transit use and linkages with emphasis on pedestrian circulation, comfort and accessibility. 9) Minimize grade separation and building setback impacts along King Street to accommodate the planned Rapid Transit System, and; 10) Integrate future development phases through a Health Sciences Master Plan process and updated Design Brief.” DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 16, 2005 - 47- CITY OF KITCHENER DTS-05-070 - KITCHENER BUILT FORM REVIEW 5. The Committee considered Development and Technical Services Department report DTS-05-070, dated May 9, 2005, regarding the Kitchener Built Form Review. Messrs. T. Boutilier and C. Bluhm attended to present this report. It was noted this review was initiated to provide insight on the City’s current and likely future residential and employment land use and structure, and to address the following matters: the Regional Growth Management Strategy, Provincial Places to Grow Plan, the Kitchener EDGE Program, Kitchener Corporate Strategic Directions, Future Rapid Transit Routing, and awareness and predictability. Mr. Bluhm advised that as a result of these new plans and strategies, this assessment was undertaken, based on zoning and the municipal plan policies to map and estimate the level of population growth and employment growth that could be expected. There were four study areas included in the review: Downtown, Central Neighbourhoods, Fairway and Gateway/Pioneer 2 Tower. The review estimates that Kitchener can accommodate a total of: 2,679,000 m of floor area and 58,000 jobs for employment lands, and 20,950 new residential units, accommodating 29,500 new people. In conclusion, staff advised: the current Official Plan Policies and zoning can accommodate both the intended employment and population growth; this level of growth can be accommodated without detriment to the currently established, stable neighbourhood; large parcels of former industrial property can provide significant opportunities for mixed use communities. When questioned by Councillor Weylie, Mr. Boutilier advised this is primarily a research project which will be made available to the public by posting it on the City’s website. It is important to know that these growth rates can be achieved without impacting existing stable neighbourhoods. The research also shows the City of Kitchener can meet these growth targets with our existing rules and policies. In response to a comment from Mayor Zehr that Kitchener is at a growth rate within the Region of 25%, and with respect to the 40% intensification in the Provincial Places to Grow Plan, Mr. Willmer stated there are a lot of ways to define intensification, and he does not agree that the City has reached the 25% point. On motion by Mayor C. Zehr - it was resolved: “That Development and Technical Services Department report DTS-05-070 be received for information, and the results of the Kitchener Built Form Review be posted to the City’s Web Site for information.” DTS-05-077 - REDUCED ROAD WIDENING 6. - DUKE STREET BETWEEN CEDAR STREET & EBY STREET The Committee considered Development and Technical Services Department report DTS-05-077, dated May 10, 2005, regarding a reduced road widening for Duke Street between Cedar Street and Eby Street. On motion by Councillor B. Vrbanovic - it was resolved: “That in accordance with Policy 8.4.13 of Part 2 of the City of Kitchener Municipal Plan, the “Proposed By-law”, dated May 10, 2005, attached to Development and Technical Services Department report DTS-05-077, allowing a reduced road widening for Duke Street between Cedar Street and Eby Street, be approved, without conditions.” DTS-05-088 - DUKE & ONTARIO STREETS PARKING GARAGE 7. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 16, 2005 - 48- CITY OF KITCHENER - 2005 REPAIR PROGRAM The Committee considered Development and Technical Services Department report DTS-05-088, dated May 10, 2005, regarding the 2005 repair program for the Duke and Ontario parking garage. Mr. McBride reviewed the report, advising the life expectancy for the proposed repairs is 60 years. Councillor Gazzola questioned whether staff issued a call for proposal when they investigated selling the garage, and was advised that staff did not, as there is only one prospective owner in the area. Councillor Gazzola stated that he would like to see a wider search for purchasers for this building. Mr. McBride commented the 2005 repair program will not prevent the City from selling this property in the future. Councillor Vrbanovic advised that it was his understanding the present report would be submitted to this Committee in conjunction with the Downtown Parking Study, so that all options with respect to this property could be considered at the same time. Mr. McBride responded the parking garage is essential in this area and is currently at 80% of capacity. There will be more demand for parking in this location once the School of Social Work and the Waterloo Catholic District School Board office is open. Councillor Vrbanovic questioned the value of this land, and was advised staff have not examined its development potential. With respect to the Downtown Parking Study, Mr. McBride advised preliminary statistics will be available soon, but the study will not change the need for this parking garage to be repaired. He also advised the repairs need to be completed soon, as the work cannot be done during the winter months, and if the work is not completed soon, 25% of the garage will have to be closed down. Councillor Vrbanovic questioned the possibility of providing parking at other locations along with a shuttle service, and Mr. McBride responded this option will be addressed in the Downtown Parking Study. Upon questioning, Mr. McBride advised the preliminary results of the study will be available early in June, with the final results being available at the end of June or beginning of July. On motion by Councillor J. Gazzola - it was resolved: “That staff proceed with the tendering of the 2005 repair program for the Duke & Ontario Streets Parking Garage.” DTS-05-065 - FEDERATION OF CANADIAN MUNICIPALITIES (FCM) BROWNFIELD 8. FINANCING The Committee considered Development and Technical Services Department report DTS-05-065, dated May 2, 2005, regarding Federation of Canadian Municipalities (FCM) Brownfield financing. The Committee had also been provided with an addendum to the report containing a recommendation requesting the Province to amend legislation to allow for Regional governments to participate in community improvement activities. Mr. Boutilier advised the Committee the report is preliminary and may be to no avail if the budget is not passed in the House of Commons this week. He explained the potential funding for Brownfield redevelopment, as outlined in his report. He then advised that the Federation of Canadian Municipalities wants to start in Ontario because there are already policies in place. However, only local municipalities can have community improvement plans. He asked the Committee to consider the staff recommendations so that regional municipalities may be able to become involved in community improvement. DTS-05-065 - FEDERATION OF CANADIAN MUNICIPALITIES (FCM) BROWNFIELD 8. FINANCING (CONT’D) On motion by Councillor J. Smola - DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 16, 2005 - 49- CITY OF KITCHENER it was resolved: “WHEREAS Section 28 of the Ontario Planning Act allows only ‘local municipalities’ to provide grants and loans to property owners and assignees for community improvement purposes; and, WHEREAS ‘local municipality’’ has been defined by The Municipal Act to mean the local area municipalities where situated within a Two-Tier Governance system, such as those within the Regions of Waterloo, Niagara, Halton, Peel, York, Durham, and Muskoka; and, WHEREAS this definition prevents the regional tier, that is the Regional Municipality, from participating financially in community improvement undertakings, despite the fact that the regional tier receives the majority share of local property taxes; and, WHEREAS this situation puts local area municipalities at a distinct disadvantage when competing for investment with one-tier municipalities; NOW THEREFORE BE IT RESOLVED, that the Council of Corporation of the City of Kitchener requests the Minister of Municipal Affairs and Housing to expeditiously revise the appropriate Provincial Legislation to allow all regional tier municipalities to participate in community improvement activities; AND BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Minister of Municipal Affairs and Housing, all local area and regional municipalities in Waterloo, Niagara, Halton, Peel, York, Durham, and Muskoka Regions, and their respective MPPs.” The meeting recessed at 5:42 p.m., and reconvened at 7:00 p.m. with the following members present: Mayor C. Zehr and Councillors C. Weylie, J. Smola, B. Vrbanovic, J. Gazzola and M. Galloway. Staff in attendance: Ms. F. McCrea, Ms. S. Wright, Ms. D. Ross, Ms. D. Gilchrist and Messrs. G. Stewart, J. Willmer, R. Shamess, G. MacDuff, L. Masseo and T. Boutilier. DTS-05-066 - UPPER STOREY RENOVATION PROGRAM 9. - PROPOSED AMENDMENT TO THE DOWNTOWN KITCHENER COMMUNITY IMPROVEMENT PLAN The Committee considered Development and Technical Services Department report DTS-05-066, dated April 22, 2005, regarding a proposed amendment to the Downtown Kitchener Community Improvement Plan for the Upper Storey Renovation Program. Mr. M. Steinman had registered as a delegation for this matter, but was not in attendance. On motion by Councillor J. Smola - it was resolved: “That “The Downtown Kitchener Community Improvement Plan” be amended by adding Program 9.6 to Section 9, as follows: “9.6 Upper Storey Renovation Program A. Background The City has been providing financial incentives to downtown property owners since 1988. While the existing incentives continue to encourage redevelopment, they are focused at a broad range of building types and uses, and it has become clear that extensive renovation of existing properties is not occurring. DTS-05-066 - UPPER STOREY RENOVATION PROGRAM (CONT’D) 9. The Downtown Strategic Plan Volume III, approved by City Council on October 2004, provides strategic direction for the future growth, development and areas of focus for DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 16, 2005 - 50- CITY OF KITCHENER the downtown. The plan focuses on bringing people into a downtown with a pleasing pedestrian environment. Among the Plan’s approved action items, is item # 4 listed below: 4. “To help promote mixed-use street activity, develop second storey underused space along King Street for housing or live-work space through the use of additional incentives (loans for interior and exterior improvements) and marketing as part of amendments to the Downtown Community Improvement Plan.” B. Intent The intent of this incentive is to stimulate the renovation of currently vacant or under- utilized floor space in any of the upper storeys of an existing building which has commercial or other non-residential ground floor use. C. Eligibility Requirements 1. Any registered owner of a property within the “Downtown Kitchener Community Improvement Project Area” may apply for assistance under this Program. Eligible projects have upper storey vacant space which is situated above a commercial or other non-residential use. 2. The proposed project consists of building renovation which results, upon successful completion, in an increase in both the property’s assessment and taxes. 3. The proposed project’s total cost must be greater than $40,000. and create new residential units with a minimum of 650 square feet in size. 4. Applicants must have credit in good standing, be current with municipal taxes and utility accounts, and not be in conflict or involved in litigation with the City of Kitchener. 5. All proposed improvements shall be made pursuant to an approved Building permit, and constructed in accordance with the Ontario Building Code, all applicable Zoning requirements, and comply with all outstanding Orders, and any other applicable requirements pursuant to the renting of units in Ontario. 6. Upgrading of existing vacant residential rental units may be considered where the proponent demonstrates a major upgrading of vacant space with high quality materials and design. 7. Multiple applications are permitted over time, providing eligibility criteria and credit conditions are met, as set out by the City of Kitchener Financial Services Department. D. Financial Assistance 1. All applications for assistance under this Program will be considered subject to the availability of funding. 2. The City of Kitchener will provide financial assistance for building renovation/upgrade/conversion up to $100,000 per building based upon 50% of project renovation cost. 50% of Kitchener financial assistance will be in the form of a grant, and 50% will be an interest-free loan. The Loan will have a maximum 10 year repayment period. DTS-05-066 - UPPER STOREY RENOVATION PROGRAM (CONT’D) 9. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 16, 2005 - 51- CITY OF KITCHENER 3. The loan portion of funding will be advanced in three stages: 10% on approval of the application, 80% at substantial completion and the final 10% after the 45 day lien period has expired. 4. The grant portion of funding will be advanced in full on approval of the application, where project commitment is documented, accompanied by building permits and relevant submission of architectural drawings. 5. Successful applicants will be required to enter into an Agreement with the City of Kitchener and loans will be secured through the registration of a lien on title for the total loan amount. To ensure repayment of the loan portion, The City of Kitchener reserves the right to evaluate the applicant’s equity and ability to re-pay the loan. 6. The interest-free loan may be repaid over a period of not more than 10 years. If the building is sold within 10 years, the City will review the loan/grant to determine if the purchaser qualifies for assuming it. If the new owner is not satisfactory to the City, the loan will become due and payable, in full upon closing. 7. The Upper Storey Renovation Program will commence operation on the date following the approval of this Amendment by the Minister of Municipal Affairs and Housing, and continue for a fixed five (5) year period. 8. Incentives under the Upper Storey Renovation Program may be combined with other financial incentives. However, the City of Kitchener reserves the right to limit the amount of assistance it will provide to any particular project. The total value of the grant provided under all community improvement initiatives shall not exceed the value of work done. “ ; and further, That the City Clerk be directed to apply to the Minister of Municipal Affairs and Housing for the approval of this Amendment to the Downtown Kitchener Community Improvement Plan.” DTS-05-054 - ZONE CHANGE APPLICATION ZC 05/03/TC/LT 10. - CITY INITIATED HOUSEKEEPING AMENDMENTS TO ZONING BY-LAW 85-1 The Committee considered Development and Technical Services Department report DTS-05-054, dated April 18, 2005, regarding Zone Change Application ZC 05/03/TC/LT which is City initiated housekeeping amendments to Zoning By-law 85-1. Mr. J. Willmer introduced the report noting staff propose a large number of small amendments to the Zoning By-law. Mr. D. Wilhelm appeared on behalf of the Christian Reform Church, at the corner of Fischer- Hallman Road and Bleams Road, opposed to the restriction which would be placed on the church property that only 25% of the gross floor area of a building would be able to be used for religious or educational use. He advised the church has 750 members and is growth oriented. They have a 5 acre site, and have no immediate plans to expand, but could do so in the future. He asked for clarification on the following matters: how will this re-zoning affect their site, and will it limit the use of their site? Where will the land supply come from for schools and churches, as there is extreme difficulty in finding sites for private schools? Mr. Wilhelm noted there are some provisions made for high schools, and questioned whether they would extend to existing schools and churches in industrial parks rather than having them exist as non-conforming uses? He questioned whether the proposed re-zoning would put unfavourable restrictions on existing uses. He noted that churches do not usually choose industrial parks, as they would prefer residential properties. Mr. Wilhelm requested Council review this matter in more detail, and not included as part of the housekeeping amendments. He also asked that all minutes and decisions of Council on this matter be sent to him. DTS-05-054 - ZONE CHANGE APPLICATION ZC 05/03/TC/LT (CONT’D) 10. Mr. Willmer responded through this by-law staff intend to address the need for employment lands identified by the Chamber of Commerce, Canada’s Technology Triangle, and others. The new DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 16, 2005 - 52- CITY OF KITCHENER zoning would permit churches on industrial lands, but they would only be permitted to occupy 25% of a building. They would not be permitted any new free standing institutional uses. If the draft by- law attached to the staff report is approved this evening, the existing church would become legal non-conforming, and if they want to expand they would have to apply to the Committee of Adjustment. As a legal non-conforming use, if they wanted to construct a minor addition, they should have no difficulty, but it is questionable if they would receive approval to double the size of the building. Mr. Willmer commented that Mr. Wilhelm is right to question institutional zoning, and appropriate locations. Land is too costly in residential areas, and it is cheaper to buy industrial land for institutional uses. Perhaps the City needs to review how lands are designated for institutional use, so they are not also designated for residential use. Mayor Zehr noted that the by-law excludes certain churches from the 25% provision and questioned why Mr. Wilhelm’s church is not included in that exclusion. Mr. Willmer responded there is the possibility the institutional use will cease and the property could revert to industrial use. He stated there could also be some middle ground where a percentage increase could be considered. He advised it is preferable to deal with this property on a site specific basis rather than in a general way. Councillor Galloway questioned what staff would recommend, and Mr. Willmer advised keeping the by-law as written and dealing with this property on a site specific basis is the recommended method. He questioned what percentage expansion Council would want to allow, given 100% of the building is currently used as institutional. He suggested a 10% increase would allow for a minor addition. Councillor Galloway questioned whether staff would be adverse to exempting this church from the proposed by-law provisions. He noted they purchased this property on the understanding that they could expand. Mr. Willmer acknowledged the church had foresight; however, the City may be doing its self a dis-service to not look after employment lands. Councillor Vrbanovic requested a provision be added to the by-law, similar to Section 5.6B, patios and decks accessory to restaurants, to require such things as volleyball courts, or other outdoor recreational facilities at restaurants to be separated by a specific distance from residential zones. Mr. Willmer noted that land is being acquired for the Huron Heights Secondary School to be used for outdoor recreation and parking, and requested the Committee consider a revised Map #19, to replace that attached to the draft zoning by-law. Councillor Vrbanovic put forward a motion to adopt the staff recommendation with amendments to exempt Mr. Wilhelm’s church from the 25% occupancy provision, to include restrictions on the location of outdoor recreation uses in the same manner as patios and decks with respect to restaurants, and to amend Map #19 with respect to Huron Heights Secondary School. On motion by Councillor B. Vrbanovic - it was resolved: “That Zone Change Application ZC 05/03/TC/LT (Housekeeping By-law), representing comprehensive changes to Zoning By-law 85-1 be approved in the form shown in the "Proposed By-law", dated April 18, 2005, attached to Development and Technical Services Department report DTS-05-054, without conditions, subject to the following changes: (a) That outdoor recreational facilities accessory to restaurants be subject to the same regulations as patios and decks accessory to restaurants, as outlined in Section 3 of the ‘Proposed By-law’; and, DTS-05-054 - ZONE CHANGE APPLICATION ZC 05/03/TC/LT (CONT’D) 10. (b) That ‘Map 19’ of the ‘Proposed By-law’ be revised to include an exemption for lands in the process of being added to the Huron Heights Secondary School property; and further, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 16, 2005 - 53- CITY OF KITCHENER (c ) That Section 33 of the ‘Proposed By-law’ be revised to include First Christian Reformed Church of Kitchener Inc., 1275 Bleams Road, as a Religious Institution or Educational Establishment permitted to occupy 100 percent of the gross floor area.” DTS-05-062 - PLAN OF SUBDIVISION 30T-04203 11. - ZONE CHANGE APPLICATION ZC 04/16/R/DR - ROBERT FERRIE DRIVE (TOPPER WOODS) - MONARCH CORPORATION - SOUTH WARD The Committee considered Development and Technical Services Department report DTS-05-062, dated April 26, 2005, regarding Plan of Subdivision 30T-04203 and Zone Change Application ZC 04/16/R/DR to change the zoning on the subject lands on Robert Ferrie Drive. Ms. D. Ross introduced the report noting Thomas Slee Drive will have to be extended to New Dundee Road. With respect to environmental issues, the developer has submitted an environmental impact statement, and there are monitoring conditions during and post development. Further, 13 hectares of environmental land will be conveyed to the City of Kitchener. Mr. G. Scheels, GSP Group, appeared on behalf of Monarch Corporation in support of this staff report. He noted this is the next neighbourhood in Doon South, and a great deal of work has been done on Topper Woods and the swamp. With respect to environmental issues, surface water, ground water, and stormwater run off has been examined. There will be a dedication of lands to the City, and extensive monitoring. Also, the trail system will connect to the trail system to the north. Referring to the written submission from Mr. S. Parr, on behalf of the Doon Mills Neighbourhood Association (provided to the Committee this date), Mr. Scheels commented Doon is a unique community and has been designed to take into consideration the special environmental features. There will be a future park in the southwestern part of the community. Mr. S. Parr was in attendance on behalf of the Doon Mills Neighbourhood Association, which he advised has a board of directors, and is active in promoting events, and is keenly involved in the development of the community. He applauded the protection of Topper Woods and the swamp, and the monitoring program. He advised the linear trail system is welcomed by the community but there is still a desperate need for parks with playgrounds. He requested this issue be examined. As this area continues to grow, he stated this area is not properly serviced with parks and schools. In this regard, the neighbourhood association is prepared to work with City staff and Monarch. Ms. Ross advised that planning staff are working with Community Services staff to determine whether a parkette can be worked into the plan north of Robert Ferrie Drive. Mayor Zehr noted a shortage of active parks is becoming a problem, in general, as significant amounts of land are being conveyed to the City because they are environmentally sensitive. However, parks and playgrounds can not be developed on these lands. Mr. Willmer responded that staff haven’t resolved the 5% parkland dedication allowed under the Planning Act. Perhaps the City should obtain a 5% contribution for park purposes first, and deal with the environmentally sensitive, or other lands, outside the 5% parkland dedication. Perhaps the City should try to use opportunities to include active space adjacent to passive space. Mayor Zehr noted the 5% parkland dedication has been in the Planning Act since the 1970’s; however, since that time society has become much more conscious of the need to protect DTS-05-062 - PLAN OF SUBDIVISION 30T-04203 (CONT’D) 11. parkland and woods. He recognized this as a provincial issue which can not be dealt with by this Committee, but suggested the 5% dedication may not be correct anymore. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 16, 2005 - 54- CITY OF KITCHENER Mr. Willmer noted that in the City’s response to the Province last year, a request was made to review the 5% parkland dedication provision, but nothing has come back from the Province in this regard. He also noted that if environmentally sensitive lands are removed from the subdivision, the 5% parkland dedication would be calculated on much less land. Councillor Galloway suggested moving forward with this subdivision as recommended in the staff report. He commended the developer and Mr. Scheels for the positive way they have worked with City staff. He noted the trail system will join up with other parkettes, and stated it is incumbent on the City to look at alternatives for parks in the future. Councillor Gazzola questioned traffic calming measures, and Ms. Ross explained the measures taken, including the use of a round about. On motion by Councillor M. Galloway - it was resolved: “That the recommendation contained in Development and Technical Services Department report DTS-05-062, dated April 26, 2005, regarding Plan of Subdivision 30T-04203 and Zone Change Application ZC 04/16/R/DR, be approved.” DTS-05-080 - DEMOLITION CONTROL APPLICATION DC 05/04/G/SR 12. - 784 GLASGOW STREET - W. SLINGER - WEST-VICTORIA PARK WARD The Committee considered Development and Technical Services Department report DTS-05-080, dated May 2, 2005, regarding Demolition Control Application DC 05/04/G/SR, requesting permission to demolish a single family dwelling located at 784 Glasgow Street. On motion by Mayor C. Zehr - it was resolved: “That Demolition Control Application DC 05/04/G/SR requesting permission to demolish one single family dwelling and detached garage located at 784 Glasgow St, legally described as Part Lot 33, German Company Tract, be approved.” DTS-05-075 - DRAFT APPROVAL OF PLAN OF SUBDIVISION 30T-96004 13. - ZONE CHANGE APPLICATION ZC 96/30/P/JG - JHS PROPERTIES LTD - PROPOSED LAND EXCHANGE - PIONEER TOWER ROAD - FAIRVIEW-GATEWAY WARD DTS-05-084 - ZONE CHANGE APPLICATION ZC 04/08/DF/TMW - CITY INITIATED - DEER RIDGE DRIVE - FAIRVIEW-GATEWAY WARD DTS-05-081 - JHS SUBDIVISION 58M-325, 58M-326 - REQUEST FOR EXEMPTION FROM SIDEWALK POLICY - PIONEER TOWER CRESCENT, BLACK MAPLE CRESCENT & BLACK MAPLE COURT - FAIRVIEW-GATEWAY WARD Mayor C. Zehr declared a pecuniary interest in these matters, as he owns property in the vicinity, and did not participate in any discussion or voting with respect to these matters. DTS-05-075 - DRAFT APPROVAL OF PLAN OF SUBDIVISION 30T-96004 (CONT’D) 13. Councillor M. Galloway left the meeting during the discussions and presentations made on these reports. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 16, 2005 - 55- CITY OF KITCHENER Mr. Willmer suggested the Committee consider all three reports before making a decision on any one of them. Mr. Willmer advised the subdivision is quite similar to that proposed in August 2003, and the site pattern remains unchanged. Mr. Willmer explained the extent of the land on which the Schoerg Barn will be located, a larger lot to the east of the Schoerg Barn, and noted there is included in the report a series of interconnected conditions relative to the heritage aspects of this area. He stated if Council wishes to grant draft approval there are two key matters to be considered: in order to preserve the cultural heritage landscape of this area it is in the City’s interest to obtain the Schoerg Barn site; and, it is important to ensure that the Schoerg farmhouse does not deteriorate. Mr. Willmer provided further information on the lands along the slope, to be added to the Schoerg Barn lot, and the abutting larger lot. He stated that if JHS Properties extends the limits of the lots on the slope lands, the City would not apply the 5% parkland dedication on those lands. A discussion took place with respect to the exemptions being requested to the City’s sidewalk policy. Mr. Willmer noted this community was largely approved under the old policy. In this instance to require sidewalks would result in sidewalks existing on only parts of streets. Mr. Willmer did advise that it is the City’s intention to have sidewalks on all streets, over time. Any sidewalks not installed by the developer will eventually have to be paid for by the taxpayers. Upon questioning, Mr. Willmer advised he did not believe the City has the power to obtain financing from the developer for installation of sidewalks at a later date. Mr. Willmer advised the sidewalk exemption and the land exchange are tied together. He displayed a map showing the elements of the land exchange. It was noted that Council agreed to the land exchange last week; however, JHS Properties has not signed back the agreement. Mr. Willmer advised that the staff recommendation is based solely on the land exchange. Mr. Z. Janecki, Planning & Engineering Initiatives, appeared on behalf of his client 346874 Ontario Limited-Vista Ridge and presented each of the requests outlined in his written submission distributed this date. In response, Mr. Willmer noted the key request being presented by Mr. Janecki is that Stage 9 of the JHS subdivision be registered concurrently with Phase 1 of the Pincott subdivision; however, there is no longer an engineering need to do so. Mr. Janecki advised that by not addressing the Stage 9 issues, the Ontario Municipal Board decision is not being addressed. Mr. Willmer responded that the OMB decision allowed the City some leeway in dealing with the detailed engineering plans. He noted the old concept for any part of the JHS plan would depend on Vista Ridge. This current option, however, allows JHS to go before Vista Ridge; consequently, they will set the grades for all the development in the area. The March 2005 revised plan offers a lower cost to each developer and to the taxpayer. Mr. V. Sherk was in attendance on behalf of the Sherk and Gingerich families to advise they are delighted with the proposed land exchange. He expressed appreciation to the work of City staff, JHS and their planner, and stated the preservation of the heritage value of this area is very important. Mr. Sherk questioned whether Heritage Kitchener and the City’s Heritage Planner will be involved in the restoration of the farmhouse and was advised that a heritage permit is required and Heritage Kitchener will be involved. Mr. Willmer then reviewed Development and Technical Services Department report DTS-05-084 with respect to a City initiated zone change for City owned property on Deer Ridge Drive. He advised that a small portion of the property is used as a temporary turning circle. The proposal is to rezone this property based on an acknowledgement that the wetland can be buffered, and the land could still be used for residential development. There is a challenge for amenity space, DTS-05-075 - DRAFT APPROVAL OF PLAN OF SUBDIVISION 30T-96004 (CONT’D) 13. and the zoning recommendation includes special regulations for a lesser rear yard. He advised the zone change was first advertised a year ago, and recently this report was hand delivered to the immediate neighbours. Mr. Willmer further advised the zoning is currently P-3, and this is one of the three parcels of land to be conveyed to JHS. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 16, 2005 - 56- CITY OF KITCHENER Ms. B. Blumel read aloud her written submission, distributed to the Committee this date, in opposition to the zone change. She noted her home is situated across Deer Ridge Drive from the subject property, for which she paid $15,000 premium for an unobstructed view. In her submission, Ms. Blumel suggested this land should be developed for active recreational use for teenagers of the community, as the proposed Kuntz Park will only address the needs of small children. At the request of the Committee, Mr. Willmer displayed a plan of the current JHS subdivision and showed the location of Kuntz Park. Mr. P. Britton, MHBC Planning Limited, was in attendance on behalf of JHS Properties, advising he has been involved in this community since its inception, and appeared before the Ontario Municipal Board in 1995. He noted that this plan of subdivision is the only plan that was not before the Board at that time. Mr. Britton advised that parks planning has been undertaken through the overall community planning process. He suggested this Committee’s consideration of the zone change is whether the land is constrained environmentally, and staff have concluded that it is not constrained. With respect to the land exchange between the City and JHS Properties, JHS gets back land from the City which was previously given by them. JHS Properties over dedicated parkland because of setbacks from the Grand River. Mr. Britton advised there is to be a central park within the Pincott subdivision to be dedicated to the City. He also stated the problem is how to secure the heritage ridge, and a piece of residual land that is not constrained environmentally is a small price to pay for the overall protection of the ridge. With respect to the position of JHS Properties, Mr. Britton advised that they are in support, in principle, of the land exchange agreement and subdivision conditions. He advised, however, that this is a package deal, including the offer to purchase, the subdivision, the JHS zone change, the City zone change, and the sidewalk exemptions. With respect to draft approval conditions, there are several references to JHS undertaking improvements to the farmhouse, and Mr. Britton advised he will work with staff to clarify exactly what is to be done. Referring to condition 20 of the proposed subdivision agreement, regarding the conveyance of lands, Mr. Britton noted that the Grand River Conservation Authority requires approval from the Ministry of Natural Resources, and questioned what would happen if the land exchange is held up because of Ministry paperwork. With respect to conditions 4 and 5 of the Region of Waterloo, the Committee was in receipt of a memorandum from Mr. J. Willmer, dated May 16, 2005, requesting a change in the wording of these conditions. Mr. Britton commented on his belief that these matters have been addressed through the Regional development charges, and he will review this matter with the Region prior to the Council meeting of May 30, 2005. With respect to issues raised by other delegations, Mr. Britton advised as follows: sidewalk policy exemption requests are made because all the subdivisions in this area were approved prior to the new sidewalk policy. Also, there is an extensive trail network in this area. With respect to Mr. Janecki’s submissions, Mr. Britton advised this is one of the first communities where ponds were limited. It was intended that there be stormwater management but that both subdividers could proceed independently. To agree to the request to tie Stage 1 of the Pincott subdivision to Stage 9 of the JHS subdivision would be to disadvantage one subdivider over the other, and is inappropriate. Mr. Britton agreed to Mr. Janecki’s requests 2 a) and b). With respect to request 2 c), Mr. Britton agreed that the words “30T-95015 to the east” be changed to “30T- 95016 to the west”. With respect to Mr. Janecki’s request 2 d), Mr. Britton advised he strongly objects, and stated it is contrary to what was recommended at the time. DTS-05-075 - DRAFT APPROVAL OF PLAN OF SUBDIVISION 30T-96004 (CONT’D) 13. Councillor Smola questioned whether Mr. Britton had any comments to make with respect to Ms. Blumel’s assertion that she paid a premium for her lot. Mr. Britton responded that it is not the obligation of the City to refund that money, and Mr. George or Mr. Pachino would advise if they DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 16, 2005 - 57- CITY OF KITCHENER had charged a premium for the lot. The Committee was advised by a representative from JHS that they had not charged a premium for the lot but the builder may have done so. Councillor Vrbanovic questioned whether the arrangement between JHS Properties and the City would be in jeopardy unless all the components presented at this meeting are approved. Mr. Britton responded that negotiations have proceeded on the basis that everything is integrated. Councillor Vrbanovic questioned whether JHS Properties would provide cash or a letter of credit for the sidewalks to be constructed at a later date. Mr. Britton advised that such a condition would undermine a negotiated settlement. Councillor Vrbanovic questioned whether acceptance of Mr. Janecki’s request that Stage 9 of the JHS subdivision and Stage 1 of the Pincott subdivision be connected, would jeopardize the sale of the Schoerg Barn. Mr. Britton advised that it would definitely affect the sale, and it would be inappropriate from a planning prospective. Councillor Gazzola noted the three issues raised by Mr. Britton: the heritage issues, Regional conditions 4 and 5, condition 20 with respect to the GRCA lands, and questioned whether Mr. th Britton thought proper wording could be achieved by the May 30 Council meeting. Mr. Britton responded that the developer supports in principle the land exchange and the subdivision issues. He stated their position has been made perfectly clear, and they will not be raising any new issues th at the Council meeting of May 30. Councillor Gazzola questioned staff as to whether the issues raised by Mr. Britton are stumbling blocks, to which Mr. Willmer advised they are not. With respect to the three issues raised by Mr. Janecki, Mr. Willmer advised they can be accommodated. Mr. Willmer noted that condition 4.25 of recommendation c, in the staff report, should be removed as it is a duplication of 4.26. Councillor Gazzola put forward a motion to adopt the recommendations in the three staff reports, subject to: the three changes requested by Mr. Janecki which were agreed to Mr. Britton, the revised Regional conditions 4 and 5, and removal of condition 4.25. Staff were also required to th provide clarification to those issues raised by Mr. Britton, by the Council meeting of May 30. Councillors Vrbanovic and Smola spoke strongly in opposition to the sidewalk exemptions recommended by staff, and requested that they be voted on separately. Councillor Vrbanovic noted the City has not viewed these types of exemptions favourably in the past. He also noted that the City is just adopted a Pedestrian Charter, and in the long run these sidewalks will have to be installed at the taxpayers’ expense. On motion by Councillor J. Gazzola - it was resolved: “That Zone Change Application ZC 04/08/D/TMW, requesting a zone change on the subject lands, legally described as Part Block 11, 58M-270, for the City of Kitchener, from Hazard Land Zone P-3 with Special Regulation 260R to Residential Three Zone (R-3) with Special Regulation 417R be approved, in the form shown in the “Proposed By-law”, dated August 23, 2004, attached to Development and Technical Services Department report DTS-05-084. “ A motion put forward by Councillor J. Gazzola, to approve special condition 3.18 of recommendation C, in Development and Technical Services Department report DTS-05-075, with voted on and lost respect to an exemption from the City’s sidewalk policy was . On motion by Councillor J. Gazzola - it was resolved: “That the recommendation contained in Development and Technical Services Department report DTS-05-075, dated May 13, 2005, regarding Draft Approval of Plan of Subdivision DTS-05-075 - DRAFT APPROVAL OF PLAN OF SUBDIVISION 30T-96004 (CONT’D) 13. except for special 30T-96004 and Zone Change Application ZC 96/30/P/JG, be approved, condition 3.18 in the proposed subdivision agreement , subject to the following changes: (a) That the wording of Regional Municipality of Waterloo conditions 4 and 5, as contained DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 16, 2005 - 58- CITY OF KITCHENER in the proposed subdivision agreement, be replaced with the wording for those conditions contained in the memorandum from J. Willmer, Director of Planning, dated May 16, 2005; and, (b) That special condition 3.16 of the proposed subdivision agreement be amended so that the developer of the Vista Ridge subdivision is not to be included in any cost sharing arrangement with respect to ‘engineering design and landscaping design’; and, (c ) That special condition 3.17 of the proposed subdivision agreement be amended to state that the developer of the Vista Ridge Subdivision not incur the cost of replacement planting to compensate for vegetation removed for sanitary and storm sewer construction; and (d) That recommendation 2.2 #18 contained in Development and Technical Services Department report DTS-05-075, be amended to change the words ‘Plan of Subdivision 30T-95015 to the east’ to ‘Plan of Subdivision 30T-95016 to the west’; and, (e) That special condition 4.25 of the proposed subdivision agreement be removed; and, (f) That Draft Plan of subdivision 30T-96004 be revised so that Block 3 and Lot 1 of Stage 3 be extended to the floodline; and further, That staff provide Council and Mr. P. Britton, consultant for JHS Properties Ltd., with the following information by the Council meeting of May 30, 2005: (a) Details as to exactly what repairs are required to be made to the farmhouse located on Part 1, Reference Plan 58R-10533, as required in Recommendation A, Section 1 of Development and Technical Services Department report DTS-05-075, and special conditions 3.19, and 6.13 of the proposed subdivision agreement; and, (b) Consideration of alternative wording for special condition 20 of the proposed subdivision agreement in the event that the Ministry of Natural Resources clearance is delayed for the sale of Grand River Conservation Authority property. A motion by Councillor J. Gazzola to approve the recommendation in Development and Technical Services Department report DTS-05-081 with respect to an exemption from the City’s sidewalk policy for registered plans 58M-325 and 58M-326 (Pioneer Tower Crescent, Black Maple voted on and lost Crescent, and Black Maple Court) was . ADJOURNMENT 14. On motion, the meeting adjourned at 10:00 p.m. D. Gilchrist Committee Administrator