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HomeMy WebLinkAboutDev & Tech Svcs - 2001-10-29DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 29, 2001CITY OF KITCHENER The Development and Technical Services Committee met this date commencing at 7:00 p.m. under Councillor C. Weylie, Chair, with the following members present: Mayor C. Zehr and Councillors B. Vrbanovic, M. Galloway, G. Lorentz, J. Smola and J. Ziegler. Officials Present: Ms. C. Ladd, L. MacDonald and Messrs. J. Fielding, B. Stanley, S. Gyorffy, N.E. Kuntz, L. Masseo, L. Bensason, P. Wetherup, J. McBride and L.W. Neil. 1.CRPS-01-197-VICTORIA STREET NORTH -REPEAL OF AUTHORIZING RESOLUTION -LOCAL IMPROVEMENT (SANITARY SEWER) - SECTION 12 -BRIDGEPORT-CENTRE WARD The Committee considered Corporate Services Department report CRPS-01-197 dated October 25, 2001 dealing with a request to rescind approval of local improvement work on Victoria Street North. It was resolved: “That Council’s September 10, 2001 authorizing resolution be rescinded respecting a local improvement under Section 12 of the Local Improvement Act for the construction of a sanitary sewer and connections on both sides of Victoria Street North, from the westerly limit of 1392 Victoria Street North to Lackner Boulevard.” 2.DTS-01-024-BPS-448 STIRLING AVENUE SOUTH -DEMOLITION CONTROL APPLICATION DC 00/10/S/SV -REQUEST FOR REMOVAL OF ITEM - UNFINISHED BUSINESS LIST -FOREST-ROCKWAY WARD The Committee was in receipt of Development and Technical Services Department report DTS-01- 024-BPS dated October 25, 2001 pertaining to a demolition control application which the applicant has requested be withdrawn. The deferral of this matter was previously approved as clause 5 of the January 29, 2001 Planning and Economic Development Committee Report. I t was resolved: “That as requested by the applicant, Demolition Control Application DC 00/10/S/SV (448 Stirling Avenue South - The Trustees of St. Stephen Lutheran Church, c/o William Shafer) be withdrawn and removed from the Committee’s list of unfinished business.” 3.DTS-01-004-BPS-AREA WITHIN THE ST. MARY’S NEIGHBOURHOOD -ST. MARY’S HERITAGE CONSERVATION DISTRICT AND PLAN -ZONE CHANGE APPLICATION ZC 01/07/TC/LB -CITY INITIATED -FOREST-ROCKWAY WARD The Committee was in receipt of Development and Technical Services Department report DTS-01- 004-BPS dated September 19, 2001. The report deals with a designation under the Ontario Heritage Act so as to establish the St. Mary’s Heritage Conservation District and adopt the St. Mary’s Heritage Conservation District Plan. As well, the report deals with a related zone change. The purpose of this City initiated rezoning is to change the zoning of lands located within the proposed St. Mary’s Heritage Conservation District from Residential Five Zone (R-5) and Residential Four Zone (R-4) to Residential Four Zone (R-4) with special regulation provision 353R to reduce the maximum allowable building height from 10.5 metres to 8.0 metres. Attached to the report was a proposed by-law dated September 14, 2001 to amend Zoning By-law 85-1 in this regard. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 29, 2001- 8 -CITY OF KITCHENER 3.DTS-01-004-BPS-AREA WITHIN THE ST. MARY’S NEIGHBOURHOOD -ST. MARY’S HERITAGE CONSERVATION DISTRICT AND PLAN -ZONE CHANGE APPLICATION ZC 01/07/TC/LB -CITY INITIATED -FOREST-ROCKWAY WARD (CONT’D) Mr. L. Bensason attended to present the staff report but before doing so he pointed out to the Committee that the first two recommendations in the report relate to matters under the Ontario Heritage Act which are scheduled to be dealt with by Heritage Kitchener at its meeting to be held on Thursday, November 1, 2001. He then summarized the report commenting on background issues, architectural features within the neighbourhood, work that has been undertaken to develop the Conservation Plan and made references to various appendices attached to the staff report. Ms. Wendy Shearer, Landscape Architect, appeared on behalf of the team that prepared and worked on the Conservation District Plan and noted that they had experience working on 12 Heritage District Plans throughout the Province. She listed members of the team, described their responsibilities and pointed out that their work was guided by four main pieces of legislation being: the Ontario Heritage Act, the terms of reference prepared by the City of Kitchener, the Kitchener Official Plan and Provincial Guidelines. Ms. Shearer described how the work to prepare the Heritage Plan was undertaken in two phases and pointed out that only major changes to property would trigger the review application process administered by Heritage Kitchener which she pointed out would be consistent with other Heritage Plans. In summary, she indicated that there was considerable support within the St. Mary’s community for the Heritage Plan. Mr. L. Bensason explained the impact of the proposed rezoning noting that currently the Residential Five Zone permits lodging houses and multiple dwellings which would be eliminated with the change to Residential Four Zone. As well, reduction of the building height would serve to protect the character of the area. Mr. Bensason noted that 221 properties were affected by the undertaking and summarized the work that was undertaken to obtain neighbourhood support for the proposal. In summary, he advised the Committee not to exclude any property as all of the properties in the Conservation District were within the 2 subdivision plans developed for wartime housing. Mayor C. Zehr noted that residents had expressed concerns regarding restrictions on what they could do with their property and Mr. L. Bensason referred the Committee to Appendix F-60 to F-63 which identifies the types of work that can be undertaken and as to whether a Heritage District permit is required. Councillor G. Lorentz indicated that he was fully supportive of the Heritage Plan and questioned what activity would be undertaken after final approval was received in order to make residents fully aware of the details of the Heritage District Plan. Mr. Bensason advised that staff have a program that would introduce schematic advisory signage into the area and would be preparing brochures to inform every resident. Further, he advised that every few years staff would hold a public information meeting to update and continue to educate the community in respect to the Heritage District Plan. Councillor M. Galloway pointed out that members of Heritage Kitchener were at the meeting and asked that they identify themselves so as to be recognized for the hard work they had undertaken to develop the St. Mary’s Heritage District Plan. He commented that initially there was a misconception of what the plan would mean to the neighbourhood which was ultimately clarified and remarked on the value of preserving the character of the area and Kitchener’s commitment to heritage conservation. On motion by Councillor G. Lorentz - it was resolved: “That Zone Change Application ZC 01/07/TC/LB (Area with the St. Mary’s Neighbourhood - City initiated) requesting a change in zoning from Residential Five Zone (R-5) and Residential Four Zone (R-4) to Residential Four Zone (R-4) with special regulation provision 353R to reduce the maximum allowable building height from 10.5 metres to 8.0 metres, on lands shown on the attached Map No.1 be approved, in the form shown in the “Proposed By-law”, dated September 14, 2001, without conditions. 3.DTS-01-004-BPS-AREA WITHIN THE ST. MARY’S NEIGHBOURHOOD -ST. MARY’S HERITAGE CONSERVATION DISTRICT AND PLAN DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 29, 2001- 9 -CITY OF KITCHENER -ZONE CHANGE APPLICATION ZC 01/07/TC/LB -CITY INITIATED -FOREST-ROCKWAY WARD (CONT’D) It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City’s Municipal Plan.” 4.DTS-01-023-FISCHER-HALLMAN ROAD / HURON ROAD -WERNER BROMBERG LANDS -SOUTH WARD The Committee considered Development and Technical Services Department report DTS-01-023 dated October 24, 2001 which notes that a request has been received from Mr. T. McCabe asking that City Council support a further expansion to the City’s Urban Area Boundary as it affects lands at the northwest intersection of Fischer-Hallman Road and Huron Road owned by Werner Bromberg which are currently subject to Deferral 3 a) in the City’s Municipal Plan. Staff have recommended that the request not be supported at this time. Ms. C. Ladd summarized Mr. McCabe’s request and outlined the rationale as contained in the report why the request should not be supported. Further, she distributed a letter dated October 29, 2001 received from P. Britton, MacNaughton Hermsen Britton Clarkson Planning Limited, which she pointed out contains concerns similar to those expressed by staff. Ms. Ladd further commented that there were other lands that could be the subject of similar consideration and recommended there be no incremental inclusions within the Urban Boundary without a comprehensive review process. In response to questions raised, Ms. Ladd advised that the 5 Year Municipal Plan Review Final Report would be dealt with by December 2002 and that there was a long history with respect to the Bromberg lands which were originally included in the area boundary but that on going development has made it more logical to include other lands within the boundary. Mr. T. McCabe appeared on behalf of Werner Bromberg and distributed a copy of Mr. B. Stanley’s letter dated May 10, 2001, with various documents attached, addressed to the Region dealing with Regional Report P-01-54 regarding the Kitchener west side area. After making initial comments Mr. McCabe referenced Page 7 of the Official Plan document attached to the letter and in particular Page 7 which makes reference to 96 acres situated on the northwest quadrant of Huron Road and Fischer-Hallman Road which are within the Strasburg sanitary sewer area and pointed out that he was just asking that the City reaffirm its previous decision in this regard. He pointed out that Kitchener Council has never amended the designation of lands situate between the City’s cemetery and Huron Road and that no public discussion had taken place that his clients lands were being traded off for new development that took place in the Laurentian West area. He pointed out that his client owns 21 of the 96 acres and that his client been shocked when notice was received that his lands were proposed to be designated agricultural and again asked the City’s 1994 resolution be reaffirmed. Ms. C. Ladd and Mr. B. Stanley provided comment on the Provincial Policy Statement and the outcome and effect of an Ontario Municipal Board decision involving deferral of the Bromberg lands. A lengthy discussion took place of issues relating to land use, sprawl, development and servicing horizon, date of Bromberg land acquisition and details and date of the Ontario Municipal Board Order. Mayor C. Zehr proposed a motion to approve the recommendation in the staff report. Further discussion followed and questions raised as to when the Bromberg lands were acquired, who represented W. Bromberg and what understandings there were when the property was purchased, what notifications were not given and the details of the OMB decision. Further comment was made pointing out that the Regional Planning Committee is considering the City Urban Area expansion to the ROPP at its meeting to be held November 6, 2001. Ms. Ladd pointed out that the amendment before the Region was an urban expansion affecting all municipalities and not just Kitchener. Councillor J. Ziegler indicated that he would move a motion to defer Mayor Zehr’s motion as well as consideration of Mr. McCabe’s request until 4.DTS-01-023-FISCHER-HALLMAN ROAD / HURON ROAD -WERNER BROMBERG LANDS DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 29, 2001- 10 -CITY OF KITCHENER -SOUTH WARD (CONT’D) additional information was provided by staff and request that the Region defer Kitchener lands from consideration when the City Urban Area expansion to the ROPP is dealt with by the Region on November 6, 2001. On motion by Councillor J. Ziegler - it was resolved: “That the request of Mr. T. McCabe, on behalf of Werner Bromberg Limited, for Kitchener Council to ‘reaffirm their previous decision’ to include lands located at the northwest corner of Fischer-Hallman Road and Huron Road in the expanded Urban Area Boundary be deferred and referred to the November 19, 2001 Development and Technical Services for consideration of a report from Planning staff providing detailed Committee meeting background information regarding the planning history of the Bromberg lands; and further, That the Region of Waterloo be requested to defer the Kitchener lands from consideration when the City Urban Area expansion to the ROPP is dealt with by the Region on November 6, 2001 in order to allow Kitchener Council to fully consider all aspects relating to the expansion of the Urban Area Boundary.” 5.CRPS-01-196-DRUMMOND DRIVE -LOCAL IMPROVEMENT PETITIONS - IVAN BIUK -FAIRVIEW-GATEWAY WARD The Committee was in receipt of Corporate Services Department report CRPS-01-196 dated October 23, 2001 recommending approval of sufficiently signed petitions for the construction of various local improvement works on Drummond Drive. Councillor J. Ziegler questioned if the City could take the position that the properties having the Biuk name associated with owners could be considered as one. Ms. L. MacDonald responded that since the last time this matter was dealt with staff had dealt with the trusteeship issue which has been resolved and now have no issue with respect to property ownership as registered. Councillor J. Ziegler questioned what the outcome would be if the City refused to grant the petitions and Ms. L. MacDonald recommended that the Committee recess and meet in caucus for the purpose of receiving solicitor-client legal advice. It was noted that the advice previously given by J. Shivas in a memorandum dated July 19, 2001 remains the same. Mr. W. Kowalchuk appeared as a delegation on behalf of Ivan Biuk in support of the staff recommendation. He noted that the petitions have been deemed to be sufficiently signed and would accommodate the development of Drummond Drive and that his client was prepared to pay his share of the development costs. Mr. Paul Aquilina appeared as a delegation in opposition to the recommendation to approve the petitions on Drummond Drive. He noted that development of Drummond Drive would result in the loss of four or five walnut trees and that from his point of view the sole beneficiary of the development was Ivan Biuk with the other property owners being forced to pay development costs that allow Ivan Biuk to make a profit. He indicated that he was recently forced to connect to city water on Old Mill Road at a cost of $6,800. and that it was his intention to appeal any assessments he received with respect to local improvement charges for the development of Drummond Drive. In response to Councillor J. Ziegler, Mr. Aquilina indicated that there was a possibility the rear of his property that does have frontage on Drummond Drive could be severed but that he as the owner would never consider such action. Mr. Randy Martin appeared as a delegation in opposition to the recommendation to approve local improvement petitions on Drummond Drive. He maintained that the street was simply a line on the map and that it represented new development and that the City of Kitchener should not be paying for new development. Further, he pointed out that the estimated costs of the City 5.CRPS-01-196-DRUMMOND DRIVE -LOCAL IMPROVEMENT PETITIONS - IVAN BIUK -FAIRVIEW-GATEWAY WARD (CONT’D) DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 29, 2001- 11 -CITY OF KITCHENER share for these works was $66,500 but that it was likely the City would end up paying more if it was to give additional relief to property owners impacted by this development. Mr. Martin distributed a copy of an Ontario Municipal Board decision dated November 5, 1962 which the City’s Legal staff had provided to him as the basis of their earlier analysis of these petitions. Mr. Martin provided his legal interpretation with respect to this entire matter and commented that there was no right of appeal under the Act to the Ontario Municipal Board. Accordingly, he recommended the Committee refuse to grant the petitions on the basis that they represented new development and the developer should pay all costs. He made further reference to the Municipal Act which prohibits Council from assisting any party through a bonus arrangement. Councillor M. Galloway asked Ms. L. MacDonald to assess Mr. Martin’s remarks. Ms. MacDonald requested the Committee meet in-camera for the purpose of receiving legal advice. On motion by Councillor M. Galloway, : it was resolved “That an in-camera meeting be held immediately to consider a matter subject to solicitor- client privilege”. The meeting then recessed at 8:43 p.m. and reconvened at 9:07 p.m. following an in-camera meeting. Mr. Manuel Ferraz appeared in opposition to the recommendation to grant the local improvement petitions on Drummond Drive. He advised that he owned property on the easterly side of Drummond Drive which he was prevented from developing due to a one foot reserve controlled by the City of Kitchener. He requested deferral of consideration of the petitions in order that he could meet with City staff and legal counsel to further assess his situation. Councillor J. Ziegler requested further information from legal staff and put forward a motion which the Committee approved so as to waive priviledges and receive information of a legal nature from Ms. L. MacDonald. Ms. L. MacDonald advised that at an Ontario Municipal Board Hearing, staff of the former Business and Planning Services Department had suggested a wording of a condition as a means to assist in resolution of an appeal of a Committee of Adjustment severance respecting lands owned by Ivan Biuk on Drummond Drive. The suggestion was that as a condition of approval he be required to assume costs of servicing or alternatively provide for installation of services by means of the Local Improvement Act. Councillor J. Ziegler commented that based on the wording of the decision the City was obligated to recognize the petitions and proposed a motion that they be accepted. Councillor M. Galloway requested the matter be deferred in order that he could fully consider all of the information that is being made available. A motion by Councillor M. Galloway that consideration of the recommendation to approve the petitions for local improvement works on Drummond Drive be deferred was lost. On motion by Councillor J. Ziegler - it was resolved: “That we grant the petitions of Mr. Ivan Biuk, et al for construction of the following local improvement works on Drummond Drive: · Sanitary sewer and connections on both sides, from 45 metres north of Amherst Drive to Old Mill Road · Watermain & connections on both sides, from Amherst Drive to Old Mill Road · Class III Pavement on both sides, from Amherst Drive to the end of the Cul de Sac” 6.DTS-01-006-BPS-NAMING OF THE DOON VILLAGE ROAD DIVERSION / PROPOSED RENAMING OF A PORTION OF EXISTING DOON VILLAGE ROAD -SOUTH WARD DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 29, 2001- 12 -CITY OF KITCHENER The Committee considered Development and Technical Services Department report DTS-01-006- BPS dated September 28, 2001. The report deals with the naming of the Doon Village Road diversion and the proposed renaming of a portion of existing Doon Village Road as recommended by staff. Mr. L. Masseo appeared to make a detailed presentation of the staff report and provide additional information. He pointed out that the Doon Village Road diversion was conceived almost 30 years ago as a collector road that would by-pass and protect the Village of Upper Doon. Ultimately, it was determined to cul-de-sac Doon Village Road in the area of St. Emilion Place through planning processes that were formalized in the 1990’s. Mr. Masseo emphasized that the diversion road and cul-de-sac of existing Doon Village Road was fundamental to all planning decisions in this area. He pointed out that the proposed naming was consistant with City Policies and that the name Doon Village Road was reserved for the section of the existing road in the Upper Doon Secondary Plan. Mr. Masseo noted that three naming options were provided to the Committee for the diversion road and for the renamed portion of Doon Village Road above St. Emilion Place. In his remarks he also referred to the 911 Province Wide Street Numbering and Naming Initiative which the staff recommendation complies with. The Committee entered into a lengthy discussion which questioned the necessity to rename the portion of existing Doon Village Road above St. Emilion Place to whatever name was selected for the diversion road and favoured naming only the new diversion road. Mr. B. Stanley made reference to a recent report in which staff had indicated they would be bringing forth a number of street name change recommendations to comply with Province wide standards. Mr. B. Kuntz recommended the City adhere to the 911 standards and avoid segmented roads that promote confusion. It was pointed out that staff would be bringing a report forward proposing to change the name of approximately 12 streets in Kitchener. Councillor M. Galloway noted that a resident had suggested that the northerly portion of Doon Village Road be renamed Manitou Drive as well as the diversion road connecting to Doon South Drive; however, Councillor J. Ziegler stated that residents oppose that alternative. Mr. Norma Sapsworth attended in support of her correspondence and to request the name Doon Village Road be retained and to question why a cul-de-sac of Doon Village Road was necessary. She recommended that Monarch Construction name the diversion road and suggested the name be Monarch Mills Drive. Mayor C. Zehr supported the name Doon Village Road remaining over its existing length and that a new name be selected for just the diversion road connecting from Doon Village Road to Doon South Drive. Councillor B. Vrbanovic expressed concern regarding access issues and the fact that what was proposed was not consistant with policies. On motion by Mayor C. Zehr - it was resolved: “1)That with respect to existing Doon Village Road and the Doon Village Road Diversion, the following be approved: a) the name Doon Village Road be retained over its existing length, notwithstanding that it will be severed in the vacinity of Anvil Street / St. Emilion Place when the new Doon Village Road Diversion is constructed resulting in Doon Village Road being two (2) separate unconnected roadways. b) the naming of the new road to be built as the Doon Village Road Diversion: · commencing in the vacinity of Anvil Street / St. Emilion Place where Doon Village Road is to be severed and extending to Tilt Drive (City portion) and, 6.DTS-01-006-BPS-NAMING OF THE DOON VILLAGE ROAD DIVERSION / PROPOSED RENAMING OF A PORTION OF EXISTING DOON VILLAGE ROAD -SOUTH WARD (CONT’D) DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 29, 2001- 13 -CITY OF KITCHENER · from Tilt Drive to Doon South Drive - Street ‘A’ within Draft Plan of Subdivision 30T-95018 (Doon Mills - Monarch Construction Limited) be considered at the November 5, 2001 Council meeting from a list of names previously submitted by the public and by planning staff. 2)That the new street name for the Doon Village Road Diversion, chosen in accordance with the recommendation 1 b) above, be applied to Street ‘A’ within Draft Plan of Subdivision 30T-95018 (Monarch Construction Limited) with such street name to be shown on the final plan to be registered.” 7.DTS-01-017-REVISED DIRECT DETECT FIRE ALARM MONITORING INSTALLATION GUIDELINES The Committee considered Development and Technical Services Department report DTS-01-017 dated September 13, 2001. The report deals with proposed revisions to the Direct Detect Fire Alarm Monitoring Installation Guidelines that has the effect of increasing the number of qualified authorized dealers that would support the program goals. Mr. J. Coish, Manager of Alarm Monitoring summarized the purpose of the report and advised that he had nothing further to add. On motion by Councillor B. Vrbanovic - it was resolved: “That Council endorse the Revised Direct Detect Fire Alarm Monitoring Installation Guidelines to allow more home security companies to qualify as Direct Detect Authorized Dealers; and, That the Canadian Alarm and Security Association (CANASA) Technician Level 1 be accepted as the minimum requirement for installing and maintaining single and two family residential Direct Detect Fire/Security Alarm Systems; and further, That Direct Detect Fire Alarm Monitoring Installation Guidelines requirements be amended to reflect this change effective October 31, 2001.” 8.UPDATE-STECKLE HERITAGE HOMESTEAD -LOT 132, HURON BUSINESS PARK -MCINTYRE DRIVE / BLEAMS ROAD -SOUTH WARD Mr. B. Stanley referred to Site 132 in the Huron Business Park noting that upon the transfer of Site 132 to the J. Steckle Heritage Homestead Foundation staff propose to change the Official Plan and Zoning and extend the Heritage Act to apply to the property. He requested direction in this regard. On motion by Mayor C. Zehr - it was resolved: “That with completion of the transfer of Site 132 fronting McIntyre Drive in the Huron Business Park from the City to the J. Steckle Heritage Homestead Foundation, staff be authorized to commence applications in respect to Site 132 to change the existing Municipal Plan designation and Zoning to Institutional and extend the designation pursuant to Part IV of the Heritage Act to these lands.” 9.UPDATE-DOWNTOWN COMMUNITY IMPROVEMENT PLAN Mr. B. Stanley advised the Committee that the Kitchener Downtown Community Improvement Plan DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 29, 2001- 14 -CITY OF KITCHENER was formally approved as of this date. 10.ADJOURNMENT On motion, the meeting adjourned at 10:00 p.m. L.W. Neil, AMCT Assistant City Clerk