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HomeMy WebLinkAboutDev & Tech Svcs - 2002-04-15 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 15. 2002 CITY 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 J. Smola, B. Vrbanovic, J. Ziegler, M. Galloway and G. Lorentz. Officials Present: Ms. L. MacDonald and Messrs. J. Fielding, G. Stewart, J. Witmer, J. McBride, L. Masseo, S. Vipond and R. Gosse. 1. DTS-02-073 - ADDENDUM TO DTS-02-045 UNNAMED LANEWAY BETWEEN OTTAWA STREET SOUTH & BORDEN AVENUE SOUTH - WEST -VICTORIA PARK WARD The Committee considered Development and Technical Services Department report DTS-02- 073 dated April 3, 2002 dealing with the closure of an unnamed lane between Ottawa Street South and Borden Avenue South. It was noted in the current report that it was prepared as an addendum to an earlier report DTS-02-045 which was discussed at the Committee's March 25, 2002 meeting at which time Mr. Larry Reichert had raised a concern with regard to full closure of the lane. It was noted in the addendum report that the concern has been addressed following further discussions with affected property owners. On motion by Mayor C. Zehr - it was resolved: "That the closure of an unnamed lane between Ottawa Street South and Borden Avenue South be approved in principle, and that the Corporate Services Department be instructed to proceed with the ordering of a reference plan, preparation of a by-law and for the necessary advertising in the local newspaper for the closing of the aforementioned lane. The lane closure is subject to the following conditions: 1) That a reference plan be completed and deposited prior to the passing of the lane closure by-law. 2) That the entire area of the lane to be closed be subject to easements in favour of Bell and Rogers for telephone and cable operations respectively. 3) That the purchasers pay $2.00 per square foot. 4) That the purchasers be responsible on a proportionate basis for all of the costs related to the reference plan, legal, registration and advertising associated with the closure of the lane." 2. DTS-02-056 - WATER STREET NORTH - ON STREET PARKING BRIDGEPORT -CENTRE WARD The Committee was in receipt of Development and Technical Services Department report DTS- 02-056 dated March 11, 2002 recommending establishment of a 15 minute loading zone on the north side of Hall's Lane East, east of Water Street and removal of a parking stall on the east side of Water Street just south of Hall's Lane. On motion by Mayor C. Zehr - it was resolved: "That a 15 minute loading zone 8:00 a.m. to 9:00 p.m be established on the north side of Halls Lane East between a point 6 metres east of Water Street to a point 12 metres east thereof; and, That on-street parking be prohibited on the east side of Water Street from a point 44 metres north of King Street to Halls Lane East; and further, That the Uniform Traffic By-law be amended accordingly." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 15. 2002 - 58 - CITY OF KITCHENER 3. DTS-02-061 - OLD CHICOPEE DRIVE AT EDENBRIDGE DRIVE - INTERSECTION CONTROL - CHICOPEE-GRAND RIVER WARD The Committee considered Development and Technical Services Department report DTS-02- 061 dated March 27, 2002 recommending that an all-way stop control be installed at the intersection of Old Chicopee Drive at Edenbridge Drive. On motion by Mayor C. Zehr - it was resolved: "That an all-way stop control be installed at the intersection of Old Chicopee Drive at Edenbridge Drive; and further, That the Uniform Traffic By-law be amended accordingly." 4. DTS-02-065-BPS - 1780 KING STREET EAST - ZONE CHANGE APPLICATION ZC 02/09/K/CB - VAHE BEDERIAN - BRIDGEPORT -CENTRE WARD The Committee was advised that the Development and Technical Services Department was in receipt of an application from Vahe Bederian to rezone the property known municipally as 1780 King Street East. The purpose of the zoning change is to permit all types of retail uses within existing buildings to a maximum gross floor area of 1 ,000 sq. m., and to legalize an existing retail use located on the subject lands. In this regard, the Committee considered staff report DTS-02- 065-BPS dated February 25, 2002 and a proposed by-law dated March 25, 2002 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. L. Masseo summarized the purpose of the application and advised that staff had nothing further to add to the report. Mr. Vahe Bederian attended in support of the recommendation in the staff report. On motion by Councillor J. Smola- it was resolved: "That Zone Change Application ZC 02/09/K1CB (1780 King Street East - Vahe Bederian), to change the zoning on the subject lands, legally described as Lot 36 Part Lots 32, 35, 37 Plan 765, in the City of Kitchener, from Commercial-Residential Zone Four (CR-4) to Commercial-Residential Four Zone (CR-4) with Special Use Provision 311 U to permit retail uses up to 1000 square metres of gross floor space, be approved, in the form shown in the Proposed By-law dated March 25, 2002, without conditions. 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." 5. DTS-02-082 - HIGHWAY 8 WIDENING / FRANKLIN STREET BRIDGE - MINISTRY OF TRANSPORTATION PRESENTATION - CHICOPEE-GRAND RIVER WARD & FAIRVIEW-GATEWAY WARD The Committee was in receipt of Development and Technical Services Department report DTS- 02-082 dealing with the Highway 8 widening from the Conestoga Parkway to Fergus Avenue provided by staff for information purposes only. It was noted in the report that meetings have been held with various agencies to address pedestrian and vehicular access issues caused by the removal of the Franklin Street bridge. Also attached to the staff report was various background material pertaining to earlier discussions of the Highway 8 widening project. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 15. 2002 - 59 - CITY OF KITCHENER 5. DTS-02-082 HIGHWAY 8 WIDENING I FRANKLIN STREET BRIDGE MINISTRY OF TRANSPORTATION PRESENTATION - CHICOPEE-GRAND RIVER WARD & FAIRVIEW-GATEWAY WARD ICONT'DI Mr. Scott Howard, Ministry of Transportation, and Mr. Doug Hoffman, Morrison Hershfield, attended providing an overview of the Highway 8 widening and reconstruction of the Conestoga Parkway interchange project. Mr. Hoffman advised that the contract has been awarded to Dufferin Construction Limited at a price of $28 million dollars which will commence April 2002 and be completed by the summer of 2004. The project includes the construction of a bridge over Weber Street connecting northbound Highway 8 to eastbound Conestoga Parkway, a bridge over the Conestoga Parkway for a new ramp connecting the westbound parkway to the southbound Highway 8, and replacement of the Franklin Street bridge to expand across the widened Highway 8. Mr. Hoffman then reviewed various aspects of the project as detailed below: . the demolition and reconstruction of the Franklin Street bridge will require approximately 1 year to complete starting in May 2002 and being reopened to vehicular traffic in late Spring or early Summer 2003 . a $100,000 incentive I disincentive has been included in the contract for reopening the bridge to pedestrians on or before January 24, 2003 . arrangements have been made to provide school children with bus service during the bridge closure period . the noise barrier will be extended along Highway 8 from Wilfred Avenue to Dellroy Avenue . notices will be placed in the K-W Record at the start of each construction season to advise residents of the construction work . a public communication plan has been prepared to update weekly construction activities including any lane closures or restrictions Councillor B. Vrbanovic questioned why the incentive I disincentive could not be extended to an earlier reopening of Franklin Street bridge to vehicular traffic. Mr. Hoffman explained that the scheduling of required work regarding the centre pier of the bridge and the need to lay asphalt during the warmer weather precludes opening the bridge to vehicular traffic earlier than scheduled. Councillor Vrbanovic raised further concerns with the planned closure of Kingsway Drive and the effect of increased traffic on the residential streets in the area and in particular on Weber Street as the only access to the Fairway mall. He suggested that perhaps the Ministry could approach the owner of the plaza located at the intersection of Kingsway Drive and Franklin Street in an attempt to use part of the plaza property as a by-pass route during the construction period. Mr. Hoffman responded that the use of private property as a by-pass route was not a preferred option but they would look into the Kingsway and Franklin intersection further. Mr. D. Snow, Grand River Transit, attended advising that the existing transit routes would provide sufficient service for the area residents but they would continue to monitor the situation and if required make adjustments to their services. On motion by Councillor B. Vrbanovic - it was resolved: "That Development and Technical Services Department report DTS-02-082 (Highway 8 Widening, Conestoga Parkway to Fergus Avenue) be received as information; and That the Ministry of Transportation be requested to investigate the feasibility of maintaining one east bound lane during construction on Kingsway Drive, by constructing a by-pass lane over private property." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 15. 2002 6. DTS-02-057 -BPS - 342 FREDERICK STREET - ZONE CHANGE APPLICATION ZC 01/25/F/BS DIANE KOEBEL AND TASH GOKA BRIDGEPORT -CENTRE WARD - 60 - CITY OF KITCHENER The Committee was advised that the Development and Technical Services Department has received an application from Diane Koebel and Tash Goka to change the zoning of lands known municipally as 342 Frederick Street. The purpose of the application is to amend the zoning of the property in order to conduct a home business that would warehouse small audio components which is currently not permitted within the home business provisions of the zoning by-law. As well, it is proposed to construct a building addition at the rear of the driveway to connect the house to the existing detached garage. In this regard, the Committee considered staff report DTS-02-057-BPS dated March 15, 2002 and a proposed by-law dated March 15, 2002 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. L. Masseo summarized the purpose of the application and advised that staff was in receipt of a letter dated April 10, 2002 from Con and Angela Papenhuyzen, which has been circulated to the Committee, requesting that the proposed by-law be amended to include the condition that a hedgerow be planted along the property line or a wooden fence be constructed. Mr. and Mrs. Papenhuyzen, 346 Frederick Street, attended commenting on the staff report pointing out an error under 'impact on adjacent property'. Mr. Papenhuyzen explained that the report alleges that trees along the property line were removed from his property around the time of the minor variance application yet he has not removed any trees in that area. He requested that the report be corrected in order to set the record straight and remove any possible doubts about his intentions. Mr. Papenhuyzen added that he does not want to stand in the way of this neighbours plans but the proposed garage extension does detract from the beauty of his backyard and he requested that the proposed by-law include a requirement for the applicant to install along the existing and proposed garage abutting his property, small cedar trees about 6 feet high one foot apart or an 8 foot high good quality wooden fence. In answer to questions from Councillor G. Lorentz, Mr. Papenhuyzen advised he did at one time speak with the neighbour but could not resolve the issue and he had not spoken to the applicant recently. On motion by Councillor J. Smola - it was resolved: "That consideration of Development & Technical Services report DTS-02-057-BPS, recommending approval of Zone Change Application ZC 01/25/F/BS, be deferred and referred to the April 22. 2002 Council meetina in order that staff may facilitate discussion between the applicant and adjacent property owner in an attempt to resolve any outstanding issues regarding the application." 7. DTS-02-084 - CONSIDERATION OF HERITAGE COMMITTEE REPORT - 530-540 QUEEN STREET SOUTH HERITAGE IMPACT STATEMENT FORMATION OF SUB-COMMITTEE - WEST -VICTORIA PARK WARD Councillor C. Weylie read out the recommendation from Heritage Kitchener that was before the Committee advising that the clause regarding the hiring of a heritage planner has been dealt with. Mr. S. Vipond circulated to the Committee Development and Technical Services Department report DTS-02-084 which introduced Mr. Richard Unterman, Unterman McPhail Associates, as the heritage planner hired to assist in the development of the terms of reference and it provided the Committee with three options with respect to the heritage impact assessment. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 15. 2002 - 61 - CITY OF KITCHENER 7. DTS-02-084 - CONSIDERATION OF HERITAGE COMMITTEE REPORT - 530-540 QUEEN STREET SOUTH HERITAGE IMPACT STATEMENT FORMATION OF SUB-COMMITTEE - WEST -VICTORIA PARK WARD ICONT'DI Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning Limited, attended representing the owner of the property at 530-540 Queen Street South advising that in his opinion the two issues with respect to the heritage impact assessment were process and the terms of reference both of which have been dealt with by the Ontario Municipal Board through the district plan. He added that the district plan establishes guidelines, process and policy and is clear on the policy of density which should be dealt with through the zoning by-law. Mr. Britton further added that the heritage impact study should be respectful to the needs of all stakeholders, should not delay or frustrate the application, should be consistent with the municipal plan as well as the district plan and should be completed in a timely manner. In answer to a question raised by Councillor Weylie, Mr. Britton estimated that the heritage impact study would take approximately three weeks to complete. Ms. Sue Coulter, Water Street South, attended in support of the recommendation from Heritage Kitchener advising that Water Street currently includes small rental units, affordable housing and heritage properties which complement each other and add to the characteristic of the neighbourhood. She added that the Victoria Park area is a vibrant attractive neighbourhood which adds and complements the downtown area and requested that the Committee support the recommendation. Ms. Lorna Ferguson, Roland Street, attended in support of the Heritage Kitchener recommendation commenting that although section 2.2 of the district plan deals with new construction it is important that the entire plan be used as a guide for new development in relationship with existing heritage characteristics. She advised that many sections of the plan other than section 2.2 deal with Queen Street South; therefore, the entire plan should apply to the heritage impact study. She concluded her submission stating that restricting the terms of reference to section 2.2 is in no one's interest and requested the Committee support the recommendation of Heritage Kitchener. Ms. Jill Armstrong, attended in support of the recommendation from Heritage Kitchener advising that there are three properties designated under part 4 of the Ontario Heritage Act in close proximity to the subject property. The act requires that any renovation on an adjacent property to a part 4 property requires approval from Heritage Kitchener. She pointed out that the Schneider House, a national historic property, is located three houses from the proposed apartment building and questioned the impact this would have on the Schneider House. Ms. Armstrong concluded her submission requesting support of the recommendation adding that all laws must apply to this or any proposal for development. Councillor J. Ziegler pointed out that the zoning by-law is the law that designates density for any development and questioned staff as to when the municipal and district plans were implemented. Mr. L. Masseo informed the Committee that the property was zoned CR-3 in 1994, the district plan was established in 1996 and received Ontario Municipal Board approval in 1997 and the official plan designation was established in 2001. Mr. Masseo added that when the district plan was implemented staff conscientiously drafted the plan so as not to open the density issues and not to affect any existing zoning. Mr. Rick Haldenby, David Street, attended in support of the recommendation from Heritage Kitchener advising that in his opinion the 'smart growth' planning initiatives being implemented across North America are trying to change how development was implemented in the 50's and 60's and looking at better ways for development to proceed including more low density zoning. He suggested that this proposal be reviewed with this in mind and how it would impact on the entire neighbourhood. Ms. Ruth-Marie Braun attended in support of the recommendation from Heritage Kitchener DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 15. 2002 - 62 - CITY OF KITCHENER commenting that Queen Street South has always been a multi-use corridor but is in danger of becoming a strip mall of high rise buildings. Ms. Braun added that the many natural and heritage features of the neighbourhood enhance the area and feels that the development of the large 7. DTS-02-084 - CONSIDERATION OF HERITAGE COMMITTEE REPORT - 530-540 QUEEN STREET SOUTH HERITAGE IMPACT STATEMENT FORMATION OF SUB-COMMITTEE - WEST -VICTORIA PARK WARD ICONT'DI apartment will take away these enhancements and have a negative impact on the area. Ms. Braun concluded her submission stating that the heritage impact study should not be driven by the arbitrary timeline of June 17'h Ms. Marg Leiher, attended in support of the recommendation from Heritage Kitchener stating that the Victoria Park area has been revitalized thanks to conscientious property owners and Council's long range planning and she would not want to see a negative impact such as the apartment building on the existing neighbourhood. Ms. Leiher added that the challenge today was to investigate what and how new development should take place within the historic district and that this investigation should include public participation and will require the special expertise of a heritage planner. Ms. Lucinda Neuru, Schneider Avenue, attended urging the Committee to accept the recommendation from Heritage Kitchener and stated that this proposal should be assessed carefully because once it is built it will alter the area forever. Ms. Neuru added that the heritage impact study should include public participation and should be based on the entire plan not just section 2.2. Councillor M. Galloway speaking on behalf of Heritage Kitchener advised that the heritage impact study would be instrumental in ensuring that Council looks at the broader picture and the impact this application may have on the district as a whole. He added that Heritage Kitchener considers the Victoria Park area as being unique to the City and that heritage preservation was a responsibility of Council. Councillor Galloway then moved to adopt the recommendation from Heritage Kitchener. Councillor J. Ziegler raised concerns with the recommendation based on the fact that the district plan was implemented after the zoning plan and was conscientiously drafted so as not to change the zoning of the properties within the plan. He also raised a question as to what would happen if the recommendation of the heritage planning consultant was in contravention to the zoning by- law. Ms. L. MacDonald answered that she was unable to find any case law as to what takes precedent. On motion by Councillor J. Ziegler- it was resolved: "That the Development and Technical Services Committee move into an in-camera session in order to receive information from the City's Solicitor that is subject to solicitor- client privilege." The Committee went into in-camera session at 8:45 p.m. and reconvened in open session at 9:00 p.m. Mr. Richard Unterman advised the Committee to go forward in completing the heritage impact study confirming that he would assist Heritage Kitchener in developing the terms of reference and would conduct the peer review on the completed study. Councillor Galloway put forward an amending motion to have staff approve the terms of reference and to direct the planning consultant who will be conducting the study to hold a public consultation session prior to the final report being completed. Councillor Ziegler stated that he could not support the motion as presented because it does not DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 15. 2002 - 63 - CITY OF KITCHENER recognize the zoning rights of the property owner. 7. DTS-02-084 - CONSIDERATION OF HERITAGE COMMITTEE REPORT - 530-540 QUEEN STREET SOUTH HERITAGE IMPACT STATEMENT - FORMATION OF SUB-COMMITTEE - WEST -VICTORIA PARK WARD ICONT'DI On motion by Councillor M. Galloway - it was resolved: "That the Terms of Reference for the Heritage Impact Assessment for the proposed apartment building to be partially located on the property municipally known as 530-540 Queen Street South be expanded beyond Section 2.2 (new building) of the Victoria Park Area Heritage Conservation District Plan, to include all areas of possible heritage impact including the full Heritage Conservation District Plan; and, That the final Terms of Reference for this Heritage Impact Assessment be approved by the Manager of Development and Design; and, That the sub-committee to develop the Terms of Reference consist of all members of Heritage Kitchener and up to two representatives of the residents living in the Victoria Park Heritage Conservation District; and further, That the Heritage Impact Assessment study include at least one public consultation session to be held prior to the completion of the study." On motion, it was agreed that this recommendation be referred to the Special Council meeting this date for consideration. 8. CRPS-02-073 - ENVIRONMENTAL COMMITTEE'S RESPONSE TO DEVELOPMENT & TECHNICAL SERVICES DEPARTMENT REPORT DTS-02-062 (TREES FOR OUR FUTURE - PROGRAM REVIEWI The Committee considered Corporate Services Department report CRPS-02-073 dated April 5, 2002 dealing with the Environmental Committee's response to Development and Technical Services Department report DTS-02-062 (Trees for Our Future - Program Review). The Environmental Committee has requested that the Development and Technical Services Committee endorse the recommendation. The Committee was advised that staff had nothing further to add to the report under consideration. On motion by Councillor B. Vrbanovic - it was resolved: "That the current financial incentives provided to our citizens through local Garden Centres under the 'Trees for Our Future Program', be discontinued; and further, That the balance of funding previously set aside in the Capital Forecast for the 'Trees for Our Future Program' be re-allocated for tree planting in conjunction with the City's annual Earth Day Festival." 9. DTS-02-074-BPS - 149 & 155 DUKE STREET EAST & 11-29 EBY STREET NORTH - MUNICIPAL PLAN AMENDMENT APPLICATION MP 02/01/D/GR - ZONE CHANGE APPLICATION ZC 02/03/D/GR DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 15, 2002 - 64- CITY OF KITCHENER NEW KITCHENER MARKET BARREL WORKS KITCHENER L TO. BRIDGEPORT -CENTRE WARD The Committee was advised that the Department of Development and Technical Services was in receipt of applications submitted by Barrel Works Kitchener Ltd. to amend the City's municipal plan and change the zoning of lands known municipally as 149 & 155 Duke Street East and 11 to 29 Eby Street North. It was noted in the report that the purpose of the municipal plan amendment and zone change is to amend the designation and zoning on a portion of the new Kitchener Market lands from 'Market Village' to 'East Market' in order to accommodate the new 9. DTS-02-074-BPS - 149 & 155 DUKE STREET EAST & 11-29 EBY STREET NORTH MUNICIPAL PLAN AMENDMENT APPLICATION MP 02/01/D/GR - ZONE CHANGE APPLICATION ZC 02/03/D/GR NEW KITCHENER MARKET BARREL WORKS KITCHENER L TO. BRIDGEPORT -CENTRE WARD ICONT'DI range of uses proposed as part of the market project. It was also pointed out in the report that a demolition control application was being processed concurrently with the two applications and was previously approved by the Development and Technical Services Committee on March 25, 2002. In this regard, the Committee considered Development and Technical Services Department report DTS-02-074-BPS dated April 5, 2002 and a proposed zoning by-law dated April 2, 2002 attached to the report. Also attached to the report was the document to amend the municipal plan. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Councillor C. Weylie, Chair, read the following statement: 'This is a Public Meeting under 'The Planning Act, 1996' to consider Municipal Plan Amendment Application 02/01/D/GR 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 April 22, 2002. If City Council 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. L. Masseo summarized the purposes of the applications and advised that staff had nothing further to add to the recommendations contained in the staff report. There were no delegations registered respecting this matter. On motion by Mayor C. Zehr - it was resolved: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 15, 2002 - 65 - CITY OF KITCHENER "A. That Council approve Municipal Plan Amendment Application MP 02/01/D/GR (New Kitchener Market - Duke Street East / Eby Street North - Barrel Works Kitchener Limited), being an amendment to: i) revise Map 7, Downtown Land Use Districts, to change the designation of the lands located at 149 and 155 Duke Street East, as well as 11, 13, 17, 21 , 27 and 29 Eby Street North from Market Village to East Market. 9. DTS-02-074-BPS - 149 & 155 DUKE STREET EAST & 11-29 EBY STREET NORTH - MUNICIPAL PLAN AMENDMENT APPLICATION MP 02/01/D/GR - ZONE CHANGE APPLICATION ZC 02/03/D/GR - NEW KITCHENER MARKET - BARREL WORKS KITCHENER L TO. - BRIDGEPORT -CENTRE WARD ICONT'DI It is the opinion of this Committee that approval of this application is proper planning for the City. B. That Zone Change Application ZC 02/03/D/GR requesting a change in zoning from "Market Village Zone (D-3)" to "East Market Zone (D-2)" on lands legally described as Part of Lot 12, Marked "N.Zieglar" according to B.Eby's Survey, North of King Street and West of Cedar Street, Registered Plan 364, City of Kitchener, be approved, in the form shown in the "Proposed By-law" dated April 2, 2002, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with a recommended Amendment (MPA Application 02/01/D/GR - New Kitchener Market) to the City's Municipal Plan." 10. DTS-02-083 - TEMPORARY USE OF LANDS AT 680 HIGHLAND ROAD WEST The Committee was in receipt of Development and Technical Services Department report DTS- 02-083 dated April 12, 2002. It was noted that the agenda contained a letter dated March 27, 2002 from Mr. James Witmer, Director of Building, regarding the temporary use of private property at 680 Highland Road West. The report was submitted in conjunction with the letter recommending that the City obtain temporary use of the lands in accordance with the terms of the letter. On motion by Councillor G. Lorentz - it was resolved: "That the City obtain temporary use of the lands known by 781169 Ontario Inc. at 680 Highland Road West as a staging area for Ralgreen restoration in accordance with the terms and conditions of a letter dated March 27, 2002 from James Witmer to Paul Grespan." 11. ADJOURNMENT On motion, the meeting adjourned at 9:20 p.m. R. Gosse Deputy City Clerk