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HomeMy WebLinkAboutDev & Tech Svcs - 2005-06-27 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 27, 2005 CITY OF KITCHENER The Development and Technical Services Committee met this date commencing at 7:12 p.m. Present: Councillor C. Weylie - Chair Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, J. Gazzola, M. Galloway, G. Lorentz Staff: C. Ladd, Chief Administrative Officer G. Stewart, General Manager of Development & Technical Services J. Willmer, Director of Planning R. Shamess, Director of Engineering Services L. MacDonald, Director of Legal Services & City Solicitor F. McCrea, Assistant City Solicitor R. Mounsey, Senior Planner B. Sloan, Planner T. Malone-Wright, Senior Planner C. Bluhm, Planner L. Bensason, Heritage Planner D. Ross, Senior Planner K. Carmichael, Supervisor of Traffic & Parking Services T. Ernst, Supervisor, Sports Field Operations T. Boutilier, Senior Planner D. Gilchrist, Committee Administrator 1. DTS-05-103 - ZONE CHANGE APPLICATION ZC 05/07/A/CB - 192 ACTIVA AVENUE - BRICK BY BRICK DEVELOPMENTS - SOUTH WARD The Committee considered Development and Technical Services Department report DTS-05- 103, dated June 10, 2005, regarding Zone Change Application ZC 05/07/A/CB to change the zoning on the subject lands at 192 Activa Avenue. Mr. S. Voisin was in attendance on behalf of the applicant in support of the staff recommendation. Councillor Galloway requested the applicant pay special attention to buffering this property from the surrounding residential properties. On motion by Councillor G. Lorentz - it was resolved: ?That Zone Change Application ZC 05/07/A/CB, for Brick by Brick Developments Limited, to change the zoning on the subject lands, at 192 Activa Avenue, by changing Special Use Provision 245U on lands legally described as Registered Plan 58M-209, Block 15, in the City of Kitchener, be approved in the form shown in the ?Proposed By-law?, dated June 3, 2005, attached to Development and Technical Services Department report DTS- 05-103.? 2. DTS-05-109 - ZONE CHANGE APPLICATION ZC 05/08/K/TB - 410 KING STREET WEST - 410 KING PROPERTIES LIMITED - BRIDGEPORT-CENTRE WARD The Committee considered Development and Technical Services Department report DTS-05- 109, dated June 14, 2005, regarding Zone Change Application ZC 05/08/K/TB to change the zoning on the subject lands at 410 King Street West. Mr. T. Boutilier explained that typically the City receives a clearance letter from the Region of Waterloo with respect to Records of Site Condition. In this instance, the Ministry of the Environment has decided to conduct an audit. The Ministry?s request for an audit only came to light on June 17, 2005; however, Mr. Boutilier anticipated a clearance would be available by the Council meeting of July 4, 2005. If a clearance letter is not forthcoming by that time, Council can simply not adopt the by-law. Mr. Boutilier suggested amending the staff recommendation by DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 27, 2005 - 68- CITY OF KITCHENER 2. DTS-05-109 - ZONE CHANGE APPLICATION ZC 05/08/K/TB (CONT?D) adding the words ?subject to receipt of the required clearance letter from the Region of Waterloo.? Mr. M. Faskin, Kinshaw Holdings, was in attendance in support of the staff recommendation. He advised it is not unusual for the Ministry to conduct an audit, which is usually a 2-3 week process. He asked that the Committee adopt the staff recommendation, and he will ensure the th audit and clearance letter have been addressed prior to the July 4 Council meeting. On motion by Councillor J. Smola - it was resolved: ?That Zone Change Application ZC05/08/K/TB, proposing a change in zoning from ?Warehouse District Zone (D-6),138U, 9H? to ?Warehouse District Zone (D-6), 138U, be approved, in the form shown in the ?Proposed Bylaw?, dated June 14, 2005, attached to Development and Technical Services Department report DTS-05-109, without conditions, subject to receipt of the required clearance letter from the Region of Waterloo.? 3. DTS-05-007 - DESIGNATED HERITAGE PROPERTY GRANT PROGRAM - NEW IMPLEMENTING BY-LAW AND PROGRAM ADMINISTRATIVE PROCEDURES AND OPERATING GUIDELINES The Committee considered Development and Technical Services Department report DTS-05- 007, dated June 15, 2005, regarding changes to the Designated Heritage Property Grant Program. On motion by Councillor G. Lorentz - it was resolved: ?That By-law 2002-134 be repealed and replaced with the by-law dated June 13, 2005, attached to Development and Technical Services Department report DTS-05-007, to re- establish the Designated Heritage Property Grant Program and update the program administrative procedures and operating guidelines; and further, That for the current year 2005, the deadline for receipt of Designated Heritage Property Grant applications be extended to December 31, 2005, and the deadline to complete work conditionally approved for a grant application made in 2005 be extended to October 31, 2006; and monies allocated for the Designated Heritage Property Grant Program in the year 2005 be carried forward and made available in the year 2006 for grant applications made in 2005.? 4. DTS-05-119 - TRIPLEX DWELLINGS IN THE CENTRAL NEIGHBOURHOODS The Committee considered Development and Technical Services Department report DTS-05- 119, dated June 21, 2005, regarding triplex dwellings in the central neighbourhoods. On motion by Councillor G. Lorentz - it was resolved: ?WHEREAS triplex dwellings were originally permitted in the Secondary Plans in the Municipal Plan to promote small-scale intensification while encouraging retention and re- use of the existing building stock; and, WHEREAS the recent Built Form Review Study established areas of intensification and areas of stability, and determined that the areas of intensification have more than enough capacity to meet the intensification targets of the Regional Growth Management Strategy without any intensification in the areas of stability within the Central Neighbourhoods; and, WHEREAS recent applications at the Committee of Adjustment with respect to the conversion of single detached and duplex dwellings into triplex dwellings have caused significant concerns with residents in the Central Neighbourhoods; DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 27, 2005 - 69- CITY OF KITCHENER 4. DTS-05-119 - TRIPLEX DWELLINGS IN THE CENTRAL NEIGHBOURHOODS (CONT?D) THEREFORE BE IT RESOLVED that staff be directed to meet with the residents and the Neighourhood Associations in the Central Neighbourhoods to explore the following three options with respect to use of properties for triplexes: (a) No changes to the existing policies. (b) Prohibit new triplex dwellings in the Central Neighbourhoods. (c) Permit triplex dwellings but only where there is sufficient floor area, the property is capable of providing off-street parking in accordance with by-law requirements and where no structural alterations are required to the exterior of the building; and further, That staff report to the Development and Technical Services Committee on the preferred option and bring any necessary municipal plan amendments or zone changes to implement the preferred option for consideration.? 5. DTS-05-111 - DEMOLITION CONTROL APPLICATION DC 05/07/M/SR - 14 MILL PARK DRIVE - GRAND RIVER CONSERVATION AUTHORITY - FAIRVIEW-GATEWAY WARD The Committee considered Development and Technical Services Department report DTS-05- 111, dated June 16, 2005, regarding Demolition Control Application DC 05/07/M/SR, requesting permission to demolish a single detached dwelling located at 14 Mill Park Drive. Upon questioning, Mr. Bensason advised Heritage Kitchener determined, in 2003, that 14 Mill Park Drive is not worthy of designation. They requested the history of this property be investigated, and if determined to be significant, the property be recorded, plaqued or signed. The Grand River Conservation Authority advised they have investigated the history of the property. The City has yet to receive the documentation, but it is expected within the next week. On motion by Councillor J. Gazzola - it was resolved: ?That Demolition Control Application DC 05/07/M/SR requesting permission to demolish one single family dwelling located at 14 Mill Park Dr, legally described as Part Lot 13, Plan 1522, be approved, subject to the following condition: That the applicant fully satisfies Heritage Kitchener?s resolution of September 2, 2003 which requests that the Grand River Conservation Authority conduct an historic review, and documentation of this property, a copy to be provided to the City of Kitchener, and that if 14 Mill Park Drive proves to be of historic significance, as determined by the City?s Heritage Planner and Director of Planning, the property is to be plaqued or appropriately recognized.? 6. DTS-05-074 - ZONE CHANGE APPLICATION ZC 04/12/C/DR - 41 CHERRY STREET - LOLITA & ALEX PAROSKI - WEST-VICTORIA PARK WARD The Committee considered Development and Technical Services Department report DTS-05- 074, dated June 1, 2005, regarding Zone Change Application ZC 04/12/C/DR to change the zoning on the land at 41 Cherry Street. Ms. T. Malone-Wright reviewed this application for the Committee?s benefit and Mr. Paroski was in attendance in support of the staff recommendation. On motion by Councillor G. Lorentz - it was resolved: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 27, 2005 - 70- CITY OF KITCHENER 6. DTS-05-074 - ZONE CHANGE APPLICATION ZC 04/12/C/DR (CONT?D) ?That Zone Change Application ZC 04/12/C/DR, for Lolita and Alex Paroski, to change the zoning on the subject lands, at 41 Cherry Street, from Residential Five Zone (R-5) to Residential Five Zone (R-5), with Special Use Provision 352U and Special Regulation Provisions 429R and 430R on lands legally described as Plan 375, Pt Lot 406 and Pt Lot 407, in the City of Kitchener, be approved in the form shown in the ?Proposed By-law?, dated May 3, 2005, attached to Development and Technical Services Department report DTS-05-074, without conditions.? 7. DTS-05-108 - DRAFT PLAN OF SUBDIVISION 30T-04201 - MUNICIPAL PLAN AMENDMENT MP 05/05/H/BS - ZONE CHANGE APPLICATION ZC 04/01/H/BS - HIDDEN VALLEY COMMUNITY PLAN AMENDMENT - 1038 HIDDEN VALLEY ROAD - PROPOSED LAND EXCHANGE - PETER KRUSE IN TRUST & CITY OF KITCHENER - FAIRVIEW-GATEWAY WARD The Committee considered Development and Technical Services Department report DTS-05- 108, dated June 17, 2005, regarding Draft Plan of Subdivision 30T-04201, Municipal Plan Amendment MP 05/05/H/BS and Zone Change Application ZC 04/01/H/BS to change the zoning on the subject lands at 1038 Hidden Valley Road, and a land exchange between the City and the developer. Councillor C. Weylie, Chair, read the following statement: This is a Public Meeting under to consider 'The Planning Act, 1996'Municipal Plan Amendment Application MP 05/05/H/BS 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 . If City Council July 4, 2005 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. Mr. B. Sloan outlined the applicant?s proposal, noting the plan of subdivision includes 55 lots for single detached dwellings; these lots to have 80? frontages, and be on full municipal services. The subdivision has a unique setting and topography, and included in the subdivision will be parks and trail links to the Grand River. Mr. Sloan advised the public was quite involved in this planning process, and their main concerns were access and traffic. He noted that in accordance with Council?s policy, 2 accesses to this subdivision are required. The main road in the subdivision will connect to Hidden Valley Road, and in order to do so, a land exchange between the City and the property owner is required. He displayed a map of the proposed subdivision and the blocks of land to be DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 27, 2005 - 71- CITY OF KITCHENER 7. DTS-05-108 - DRAFT PLAN OF SUBDIVISION 30T-04201 (CONT?D) exchanged between the City and the applicant. The City would obtain Parcels ?B? and ?D? on the plan in exchange for Parcels ?A? and ?C?. Parcel ?D? is Open Space land and Parcel ?B? is industrial land adjacent to the industrial land owned by the City. Mr. Sloan was of the opinion that the land exchange is favourable to both parties, and facilitates the subdivision design. Mr. Sloan recommended these applications be approved, and cautioned that the legal description in the zoning by-law must be updated before being adopted by Council. Ms. C. Wiebe, MHBC Planning, was in attendance on behalf of the developer in support of the staff recommendation. She advised they have turned the topography of this land into an advantage as the homes will be built into the side of the slope. For the lots in the interior of the subdivision, there will be a restrictive covenant on title, limiting the height of the dwellings to be constructed on them. Ms. Wiebe advised the developer has worked with staff to address the neighbours? concerns regarding the second access, and in this regard the land exchange is critical. Ms. Wiebe advised she believes the neighbourhood concerns have been addressed, and she supports all the recommendations in the staff report. When questioned by the Committee, Mr. Sloan advised the pumping station will be located on Block 56. On motion by Councillor J. Gazzola - it was resolved: ?That the recommendation contained in Development and Technical Services Department report DTS-05-108, dated June 17, 2005, regarding Draft Plan of Subdivision 30T-04201, Municipal Plan Amendment MP 05/05/H/BS and Zone Change Application ZC 04/01/H/BS and the proposed land exchange between the City of Kitchener and Peter Kruse in trust, be approved, subject to the legal description in the ?Proposed By-law? being up-dated.? 8. DTS-05-118 - MUNICIPAL PLAN AMENDMENT MP 05/01/TC/TMW - ZONE CHANGE APPLICATION ZC 05/04/TC/TMW - CITY INITIATED HOUSEKEEPING AMENDMENTS The Committee considered Development and Technical Services Department report DTS-05- 118, dated June 20, 2005, regarding City initiated housekeeping amendments identified in Municipal Plan Amendment MP 05/01/TC/TMW and Zone Change Application ZC 05/04/TC/TMW. Councillor C. Weylie, Chair, read the following statement: This is a Public Meeting under to consider 'The Planning Act, 1996'Municipal Plan Amendment Application MP 05/01/TC/TMW 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 . If City Council July 4, 2005 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 27, 2005 - 72- CITY OF KITCHENER 8. DTS-05-118 - MUNICIPAL PLAN AMENDMENT MP 05/01/TC/TMW (CONT?D) 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. Ms. T. Malone-Wright introduced the report noting the Official Plan amendments and zoning changes came to light when the City undertook new mapping. It became evident that in some places, the Official Plan designation boundaries and the corresponding zoning boundaries are not coincident. Ms. Malone-Wright briefly explained some of the other proposed amendments, such as the Region?s request to amend policies with respect to gas bars in Regional Wellhead Protection Areas. She also advised that when the proposed changes affect individual properties, the proposed amendments were circulated to the property owners. Ms. E. Reed was in attendance respecting the proposed change of zoning for her property at 189 Dundas Avenue. She stated when the property was purchased four years ago, it was zoned CR1, and was converted to business use. Currently the building is used for a business with an apartment on the top floor. She advised the property is for sale and has been advertised as being zoned CR1, and she does not want the zoning to change. Mr. Willmer advised the property could retain the CR1 zoning and the Official Plan could be amended to allow for that zoning. On motion by Councillor J. Gazzola - it was resolved: ?That the recommendation contained in Development and Technical Services Department report DTS-05-118, dated June 20, 2005, regarding Municipal Plan Amendment MP 05/01/TC/TMW and Zone Change Application ZC 05/04/TC/TMW, be approved; subject to the following: (a) That the zoning of the property municipally known as 189 Dundas Avenue remain as CR-1 Commercial Residential Zone, and Map No. 8 of the Proposed By-law, dated June 1, 2005, attached to Development and Technical Services Department report DTS-05-118 be revised accordingly; and, (b) That the Official Plan designation for the property municipally known as 189 Dundas Avenue be changed to a designation that will allow the CR-1 Commercial Residential Zone.? 9. DTS-05-101 - ADAPTIVE RE-USE COMMUNITY IMPROVEMENT PLAN The Committee considered Development and Technical Services Department report DTS-05- 101, dated May 20, 2005, regarding the Adaptive Re-use Community Improvement Plan. The Committee also considered a memorandum from Mr. C. Bluhm, dated June 24, 2005, providing additional information in this regard as well as a request to amend the wording of clause 7 of section 4.8 of the plan. Mr. Bluhm advised staff will develop an urban design brief respecting City design expectations for adaptive re-use sites, in consultation with Heritage Kitchener and the Safe and Healthy Community Advisory Committee, for consideration by this Committee in the fall of 2005. With respect to lump sum TIF payments, Mr. Bluhm advised the development industry would prefer the 10 year TIF paid out within the first 2-3 years. This method would require the City to establish a budget to draw on that would be replenished over 10 years. Staff have three concerns with this up-front financing. The City would lose interest on the money unless interest was deducted from the lump sum payment to cover this potential loss. Secondly, although residential projects are fairly stable, there is less of a guarantee that non-residential projects not become vacant over the 10 year time period. Finally, it is the preference of this community not to draw on the tax base to fund incentive projects. With respect to combining this TIF with the Brownfield TIF, it is the recommendation of staff that a property owner not be able to access both TIF?s for the same property. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 27, 2005 - 73- CITY OF KITCHENER 9. DTS-05-101 - ADAPTIVE RE-USE COMMUNITY IMPROVEMENT PLAN (CONT?D) Mr. Bluhm advised there is a textual error with clause 7 of section 4.8 of the plan, and provided the Committee with corrected wording. Councillor Smola questioned whether the 2-3 year target could be achieved if the Region participated in this plan, and Mr. Bluhm advised it could be met if the Region could participate because their portion of the property tax dollar is higher. Mayor Zehr questioned whether the term ?municipal? tax means the ?City? portion of the property tax, and directed staff to review the definition of ?municipal? with Legal Services staff. He then questioned whether this financing would go to the developer or the property owner. Mr. Bluhm advised it could go to the developer or the property owner, noting that it is the developer who takes the ultimate risk. Mayor Zehr then questioned whether there would be a clear understanding of the total cost of each project prior to agreeing to the TIF. Mr. Bluhm advised the developer/owner would have to enter into an agreement with the City prior to receiving the financing, in which the total project costs would be identified, and those costs could not change in terms of benefiting from the TIF. Councillor Smola questioned the position of the Region in terms of TIF?s. Mayor Zehr advised provincial legislation does not allow Regional governments to participate in TIF?s; however, the City of Kitchener and the Region of Waterloo have written to the Ministry asking for a change. Mr. DeHaas, Haastown Holdings thanked staff for taking the initiative to develop this program. He stated it is important to recognize the immediate spin-off?s of a financial incentives program such as this, in terms of commercial development and neighbourhood improvements. He advised adaptive re-use projects are not viable without these types of incentive programs. Mr. Haas spoke of concerns with the 10 year window, noting the developers equity is tied up for a long time. If developers were able to get more of a lump sum payment, they would be able to move forward more quickly. Mr. DeHaas advised that in Guelph, their TIF operates on a net present value basis. Mayor Zehr stated a lump sum payment is difficult from the City?s prospective, as the City must find the cash to do so, requiring an increase in the tax levy. Mr. DeHaas advised the City of Guelph seems to come up with the cash through a model, but he is not aware of how it works. Mr. DeHaas confirmed that if the financing was available in the early stages of the program, and was reduced, but paid on a present value basis, it would be preferable to being paid over the 10 year period. Mayor Zehr directed staff to obtain the details of the City of Guelph program prior to next Monday nights Council meeting. On motion by Mayor C. Zehr - it was resolved: ?That the proposed by-law dated June 9, 2005, attached to Development & Technical Services Department report DTS-05-101, to designate a Community Improvement Project Area for the purpose of an Adaptive Reuse Community Improvement Plan, be approved; and further, That the proposed by-law and Schedule "A", dated June 10, 2005, attached to Development & Technical Services Department report DTS-05-101, to approve an Adaptive Reuse Community Improvement Plan, be approved, subject to the following: (a) that subsection 7 of Section 4.8 Program Administration, be removed and replaced with the following: "Incentives under the Adaptive Reuse Community Improvement Plan may be combined with the financial incentives under any of the other Kitchener EDGE Programs, with the following exception - that a Project receiving a grant under the Adaptive Reuse Community Improvement Plan may not receive a grant under the DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 27, 2005 - 74- CITY OF KITCHENER 9. DTS-05-101 - ADAPTIVE RE-USE COMMUNITY IMPROVEMENT PLAN (CONT?D) Brownfield Remediation Community Improvement Plan. However, the City of Kitchener reserves the right to limit the amount of assistance it will provide to any particular project. In addition, the total value of the grant provided under the Adaptive Reuse Community Improvement Plan plus any other incentives under all Community Improvement Initiatives shall not exceed the value of the work done. Full disclosure of application intents under all Kitchener Assistance Programs is required by the applicant in the initial application process." 10. DTS-05-102 - DEMOLITION CONTROL APPLICATION DC 05/05/B/CB - 119/121 & 125/127 BENTON STREET - DEMOLITION CONTROL APPLICATION DC 05/06/B/CB - 115 BENTON STREET - WEST-VICTORIA PARK WARD The Committee considered Development and Technical Services Department report DTS-05- 102, dated June 13, 2005, regarding Demolition Control Application DC 05/05/B/CB, requesting permission to demolish a single detached dwelling located at 119/121 & 125/127 Benton Street and Demolition Control Application DC 05/06/B/CB, requesting permission to demolish a single detached dwelling located at 115 Benton Street. Ms. C. Wiebe, MHBC Planning, attended on behalf of the property owners, in opposition to the conditions being recommended by staff. She advised that there are two property owners who purchased these three properties, which were always intended for redevelopment. They intend one development to cover all three properties. With respect to the residential use of these properties, Ms. Wiebe advised that 115 Benton Street has been vacant for some time, 119-121 Benton Street has never been used for residential, and 125-127 Benton Street has not been used for residential since last fall, when there was a fire at that property. She stated Building and Fire officials have inspected the property and provided an estimate of the cost to repair the building to allow residential use; however, it is not feasible to repair the building for residential use since the properties are intended for redevelopment. Since the fire last fall, the owner has assisted his former tenants to find accommodation elsewhere. Ms. Wiebe advised these properties will never be used for residential, so it is not feasible to invest the money required to return them to the necessary standard for that purpose. Further, it is difficult to find anyone interested in purchasing these properties as they are. The owners want to demolish the buildings to make the properties more attractive to potential buyers. If the buildings remain they will be vacant and potentially could be vandalised. Upon questioning, Ms. Wiebe advised she hoped to see development on this site in 12-18 months. Councillor Vrbanovic questioned whether interim use as a parking lot could be considered by the owners. Ms. Wiebe responded parking is a possibility as the properties are relatively flat and there are parking lots on abutting properties. Mayor Zehr questioned whether the owners would object to the condition requiring development within 2 years, or the payment of $20,000 per unit. Ms. Wiebe responded the owners are dependent on the market. She noted the owners would not have held onto these properties if they were not serious, and she did not know if a new building could be built on these properties within 2 years. She questioned whether having vacant properties for 3-4 years would be worse than abandoned buildings. Councillor Vrbanovic put forward a motion to approve the demolition control applications without condition, and directed that Transportation Planning staff talk with the property owners. On motion by Councillor B. Vrbanovic - it was resolved: ?That Demolition Control Application DC 05/05/B/CB requesting permission to demolish one single detached dwelling with a commercial unit, located at 119/127 Benton Street, and one 8-unit converted dwelling, located at 125/127 Benton Street, legally described as Plan 405, Part Lot 5 and Part Lot 6, be approved; and further, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 27, 2005 - 75- CITY OF KITCHENER 10. DTS-05-102 - DEMOLITION CONTROL APPLICATION DC 05/05/B/CB (CONT?D) That Demolition Control Application DC 05/06/B/CB requesting permission to demolish one single detached dwelling, located at 115 Benton Street, legally described as Plan 405, Part Lot 4, be approved.? 11. ITEMS WITHDRAWN BY STAFF For the record, it was noted by the Chair that consideration of the following reports has been withdrawn by staff, to be submitted to a future meeting: DTS-05-124 - School of Pharmacy Design Brief DTS-05-120 - Joseph Street Reconstruction 12. DTS-05-113 - NAMING/RENAMING OF SECTIONS OF NEW DUNDEE ROAD - SOUTH WARD The Committee considered Development and Technical Services Department report DTS-05- 113, dated June 13, 2005, regarding naming/renaming of sections of New Dundee Road. On motion by Councillor B. Vrbanovic - it was resolved: ?That the City of Kitchener supports the Region of Waterloo?s recommendation to rename a section of New Dundee Road to Conestoga College Boulevard.? 13. DTS-05-112 - HURON ROAD/MILL PARK DRIVE - TRAFFIC CONTROL CONDITIONS - FAIRVIEW-GATEWAY WARD The Committee considered Development and Technical Services Department report DTS-05- 112, dated June 13, 2005, regarding traffic control conditions on Huron Road and Mill Park Drive. On motion by Councillor B. Vrbanovic - it was resolved: ?That the existing intersection stop control at Mill Park Drive/Wilson Avenue and Huron Road intersection be reversed to require eastbound traffic on Wilson Avenue to stop at Huron Road while permitting traffic on Mill Park Drive and Huron Road to travel through without stopping; and further, That the Uniform Traffic By-law be amended accordingly.? 14. DTS-05-114 - INFORMATION & UPDATE ON NEW SIGN BY-LAW The Committee considered Development and Technical Services Department report DTS-05- 114, dated June 16, 2005, regarding information and update on the new Sign By-law. Mr. D. Lamka, A-Z Signs, was in attendance and advised he had no concerns at this time. Ms. S. Levant, Pride Signs, advised she has concerns with some of the proposed changes: limiting the width of fascia signs, restricting hours of illumination for signs, clarification of the method for calculating the size of canopy and awning signs, and enforcement of the sign by-law. Mr. Willmer advised staff are at the point in this process of gathering information from the sign industry. In response to comments from Ms. Levant and Councillor Lorentz, on sign illumination, he advised that staff are trying to determine what is a reasonable amount of light. On motion by Councillor B. Vrbanovic - it was resolved: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 27, 2005 - 76- CITY OF KITCHENER 14. DTS-05-114 - INFORMATION & UPDATE ON NEW SIGN BY-LAW (CONT?D) ?That Development and Technical Services Department report DTS-05-114 (Information and Update on New Sign By-law) be received for information.? 15. DTS-05-117 - DEMOLITION CONTROL APPLICATION DC 05/09/E/CB - 87 ELLIS AVENUE - BRIDGEPORT-CENTRE WARD The Committee considered Development and Technical Services Department report DTS-05- 117, dated June 16, 2005, regarding Demolition Control Application DC 05/09/E/CB, requesting permission to demolish a single detached dwelling located at 87 Ellis Avenue. On motion by Councillor J. Smola - it was resolved: ?That Demolition Control Application DC 05/09/B/CB requesting permission to demolish one single detached dwelling, located at 87 Ellis Avenue, legally described as Tract German Company, Sub of Lot 4, Part Lot 24, be approved in principle, subject to the following conditions: i) That the owner obtain final Site Plan Approval; and, ii) That the owner obtains a building permit for a proposed development. Upon satisfaction of conditions (i) and (ii), the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act. The demolition permit will be subject to the following condition: i) That in the event that construction of a new building is not substantially complete within 2 years of the date that demolition is commenced, the City Clerk may enter on the collector?s roll, to be collected in like manner as municipal taxes, a sum of $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued.? 16. DTS-05-110 - LIMITING DISTANCE AGREEMENT WITH OWNER OF 545 TRILLIUM DRIVE AND STRASBURG CREEK NORTH BRANCH PROPERTY - FAIRVIEW-GATEWAY WARD The Committee considered Development and Technical Services Department report DTS-05- 110, dated June 7, 2005, regarding a limiting distance agreement with the owner of 545 Trillium Drive and Strasburg Creek North Branch property. On motion by Mayor C. Zehr - it was resolved: ?That the Mayor and Clerk be authorized to execute an agreement with the registered owner(s) of Part 9 of Lot 14, Registrar?s compiled plan 1471, plan 58R-7264, known as 545 Trillium Drive, pursuant to Section 3.2.3.1.(8) of the Ontario Building Code, said agreement to permit the construction of a new industrial building with the limiting distance for the exposing building face being measured to a point beyond the property line on the adjacent property, Plan 1471, Part Lots 14, 15 and 16, known as Strasburg Creek North Branch 1.? 17. DTS-05-116 - ST. MARY?S PLANNING COMMUNITY - DIRECTION TO INITIATE PREPARATION OF SECONDARY PLAN The Committee considered Development and Technical Services Department report DTS-05- 116, dated June 20, 2005, regarding St. Mary?s Planning Community. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 27, 2005 - 77- CITY OF KITCHENER 17. DTS-05-116 - ST. MARY?S PLANNING COMMUNITY (CONT?D) On motion by Councillor G. Lorentz - it was resolved: ?That Planning staff be directed to initiate the preparation of a Secondary Plan as an amendment to the City?s Municipal Plan for the St. Mary?s Planning Community.? 18. DTS-05-125 - WITHDRAWAL OF ZONE CHANGE APPLICATION ZC 98/12/W/GR - PLAN OF SUBDIVISION 30T-98204 - WESTFOREST TRAIL - LOTCO LTD - WEST-VICTORIA PARK WARD The Committee considered Development and Technical Services Department report DTS-05- 125, dated June 22, 2005, regarding the withdrawal of Zone Change Application ZC 98/12/W/GR for lands located on Westforest Trail. On motion by Councillor B. Vrbanovic - it was resolved: ?That Zone Change Application ZC98/12/W/GR for the purpose of changing the zoning from Convenience Commercial Zone (C-1) to Residential Six Zone (R-6) and subdivision application 30T-98204 on lands legally described as Registered Plan 1689 Block 155 Plan 58R-12060 Part 1 in the City of Kitchener be closed, based on the written submission of the applicant to abandon the zone change and subdivision application as the lands have been sold.? 19. DTS-05-122 - THERESA/HENRY/DEVON STREETS RECONSTRUCTION (2004) - ENGINEERING FEE INCREASE REQUEST The Committee considered Development and Technical Services Department report DTS-05- 122, dated June 17, 2005, regarding an engineering fee increase request for the Theresa/Henry/Devon Streets Reconstruction (2004). On motion by Councillor G. Lorentz - it was resolved: ?That an additional $50,243.23 in fees for consultant services related to Expression of Interest E03-048, Consultant Services - Theresa Street (Victoria Street to Park Street), Henry Street (Victoria Street to Devon Street), Devon Street (Henry Street to Park Street) to account for City initiated charges of scope, extended construction duration and costs related to the discovery of contaminated soil, to be paid from the Capital Budget, be approved.? 20. DTS-05-097 - WATERLOO REURBANIZATION MARKET ANALYSIS & FEASIBILITY STUDY (2005) - METROPOLITAN KNOWLEDGE INTERNATIONAL The Committee considered Development and Technical Services Department report DTS-05- 097, dated May 30, 2005, regarding the Waterloo Reurbanization Market Analysis and Feasibility Study (2005). Mr. J. Seider, Metropolitan Knowledge International, presented the results of the study, which had been paid for by the Region of Waterloo and the Cities of Waterloo, Kitchener and Cambridge. He advised the results of this study provide a better focus to understand the reurbanization market, and identifies the scale of the demand that exists. Mr. Seider advised that through this study they have interviewed developers of reurbanization projects in the Region, who advise they would undertake such a project again if the conditions were right. Some of the barriers they encountered were: sight remediation costs and complexity, parking regulations and the cost of infrastructure improvements. The study also DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 27, 2005 - 78- CITY OF KITCHENER 20. DTS-05-097 - WATERLOO REURBANIZATION MARKET ANALYSIS & FEASIBILITY STUDY (2005) (CONT?D) included surveys of current reurbanization residents whose satisfaction levels with their current residence and neighbourhood was primarily high to very high. Mr. Seider then addressed the reurbanization market, advising reurbanization residents are more likely to be at the extremes of the age range, the slightly better educated, have a slightly higher income, have no children at home, among other attributes. He emphasized that ?empty nesters? are the largest untapped market. Councillor Vrbanovic questioned what the City needs to do to attract this reurbanization market. Mr. Seider responded the City needs to emphasize the attributes of its urban area, including Victoria Park, the proximity of amenities such as shops and services, the ability to walk to these amenities, and that people will live closer to their employment. He emphasized the transit corridor is very important in promoting new reurbanization, and this accessibility should be emphasized. The urban centre must be shown to be a dynamic community. On motion by Councillor B. Vrbanovic - it was resolved: ?That the Final Report of the ?Waterloo Reurbanization Market Analysis and Feasibility 2005, prepared by Metropolitan Knowledge International (MKI), be received for Study?, information.? 21. DTS-05-115 - STREAMLINING IMPROVEMENTS IN PLANNING - FENCE & SIGN VARIANCES - HERITAGE PERMITS The Committee considered Development and Technical Services Department report DTS-05- 115, dated June 20, 2005, regarding streamlining improvements in Planning. On motion by Councillor J. Smola - it was resolved: ?That Development and Technical Services Department report DTS-05-115 (Streamlining Improvements in Planning) be received for information; and, That no action be taken at this time with respect to Council?s delegation of sign and fence variances to staff or the Committee of Adjustment; and further, That staff continue to investigate the delegation of heritage matters, and report to the Development and Technical Services Committee by December 2005.? 22. DTS-05-121 - REGIONAL MUNICIPALITY OF WATERLOO DRAFT BY-LAW TO REDUCE THE USE OF PESTICIDES CSD-05-082 - PESTICIDE REDUCTION BY-LAW The Committee considered Development and Technical Services Department report DTS-05- 121, dated June 21, 2005, regarding the Regional Municipality of Waterloo Draft By-law to reduce the use of pesticides. The Committee also considered Community Services Department report CSD-05-082, dated June 21, 2005, regarding the Pesticide Reduction By-law. Mr. T. Ernst spoke in support of the staff reports, and particularly with respect to the requested exemption from the reduction, for cemeteries and sportsfields. He advised of his understanding that golf courses will be exempt from this by-law. On motion by Councillor B. Vrbanovic - it was resolved: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 27, 2005 - 79- CITY OF KITCHENER 22. DTS-05-121 - REGIONAL MUNICIPALITY OF WATERLOO DRAFT BY-LAW TO REDUCE THE USE OF PESTICIDES (CONT?D) ?That the rationale provided by staff for requesting exemptions from any pesticide reduction for the City of Kitchener Cemeteries and Sportsfield Sections be accepted and forwarded to the Region of Waterloo for inclusion in any Pesticide Reduction By-law it may adopt; and, That the City of Kitchener continue to monitor, and participate in, ongoing consultation in respect of a possible Regional by-law to reduce the use of pesticides; and, That the City of Kitchener reiterates its support for public education as a key initiative in efforts to encourage the reduction of the non-essential use of pesticides in our community; and further, That the City of Kitchener thanks the Region of Waterloo for this first opportunity to provide comment on its proposed Pesticide Reduction By-law, and looks forward to reviewing proposed changes to any possible Regional by-law resulting from this public consultation process and offering final comments in September 2005.? 23. DTS-05-078 - MIXED USE CORRIDOR DESIGN BRIEF The Committee was in receipt, this date, of Development and Technical Services Department report DTS-05-078, dated June 21, 2005, recommending approval of the Mixed Use Corridor Design Brief, to be incorporated into the City?s Urban Design Manual. The report also recommends further investigation into such matters as business improvement areas for the Lancaster Corridor and the Victoria Street North Corridor, among other matters. Mr. Willmer suggested the Committee may wish to defer making a recommendation in this regard until next Monday night?s Council meeting, to allow themselves an opportunity to review the contents of the report. Mr. R. Mounsey presented the design brief, advising it has a greater emphasis on the public realm, built form principles, clear building design expectations, detailed design strategies, and flexibility. The document is heavy on implementation. With respect to zoning, a zoning category will have to be created to achieve this kind of development, and will be presented to this Committee in the fall. In conclusion, the Committee was advised mixed use corridors are located on or near major transit routes, and are planned to accommodate major intensification supported by the Provincial Places To Grow Plan, the Regional Growth Management Strategy, and the City?s Official Plan and Commercial Policy Structure. Design guidelines are required to ensure new development is not only compatible to surrounding properties, but also supports transit use, contributes to the public realm, and to achieve the corridor vision/identity. On motion by Councillor B. Vrbanovic - it was resolved: That consideration of the following recommendation be deferred and referred to the : Council meeting of July 4, 2005 ?That the Mixed Use Corridor Brief, dated June 21, 2005, attached as Appendix ?G? to Development and Technical Services Department report DTS-05-078 be approved and incorporated in to the City?s Urban Design Guidelines; and, That staff investigate and report to the Development and Technical Services Committee on the following matters: (a) the feasibility of creating a Business Improvement Area (BIA) for the Victoria Street North Corridor area; and, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 27, 2005 - 80- CITY OF KITCHENER 23. DTS-05-078 - MIXED USE CORRIDOR DESIGN BRIEF (CONT?D) (b) the feasibility of creating a Business Improvement Area (BIA) for the Lancaster Corridor area; and, (c) the feasibility of a Community Improvement Plan for the Lancaster Mixed Use Corridor; and, (d) development of a park land policy for Mixed Use Corridors to be integrated into the Parks and Trails Master Plan process; and, That every effort be made to integrate the Mixed Use Corridor Design Brief Corridor Design Strategies into future City and Regional road reconstruction projects; and, That staff present a performance monitoring report to Council on the Mixed Use Corridor on a five year cycle initiating the date Council approves this recommendation; and further, That the preliminary Mixed Use Corridor Zoning provisions attached as Appendix ?D? to Development and Technical Services Department report DTS-05-078 be received for information only, with the final implementation zoning to be presented to the Development and Technical Services Committee by the end of 2005.? 24. 1824 OLD MILL ROAD - FENCE PROBLEM Mrs. Oleskevich, the owner of 1824 Old Mill Road was in attendance to ask for Council?s and staff?s intervention in a dispute she is having with her neighbour, concerning her fence, and some re-grading on the neighbour?s property and sheds on that property. When Councillor Gazzola offered to arrange a meeting with her, her neighbour, himself and City staff, the delegation advised she would not attend. 25. ADJOURNMENT On motion, the meeting adjourned at 9:52 p.m. D. Gilchrist Committee Administrator