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HomeMy WebLinkAboutDev & Tech Svcs - 2002-09-09DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 9~ 2002 CITY OF KITCHENER The Development and Technical Services Committee met this date commencing at 7:05 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. L. MacDonald and Messrs. G. Stewart, J. Willmer and L.W. Neil. 1. DTS-02-192 - 1864 GLASGOW STREET - DEMOLITION CONTROL APPLICATION DC 02/ll/G/BS - NICO EUTENEIER-LUDWIG - WEST-VICTORIA PARK WARD The Committee was in receipt of Development and Technical Services Department report DTS-02- 192 dated September 5, 2002 dealing with an application to demolish a single detached dwelling known municipally as 1864 Glasgow Street. For the record, this report was a last minute item that was circulated with the agenda but was not listed on it. On motion by Councillor J. Ziegler - it was resolved: "That Demolition Control Application DC 02/ll/G/BS (Nico Euteneier-Ludwig), requesting approval for the demolition of one single detached dwelling located at 1864 Glasgow Street, legally described as Part of Lot 38, German Company Tract, more specifically Part 1, Plan 58R-4944, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City." INTERNAL MEMO- REQUEST TO CORRECT THE AUGUST 12, 2002 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES LOWER DOON HOUSING STUDY AND MUNICIPAL PLAN & ZONING AMENDMENTS FAIRVIEW-GATEWAY WARD The Committee considered an internal memo dated August 26, 2002 from the Corporate Services Department advising that a submission from Mr. R. Hardie was circulated at the August 12, 2002 Development and Technical Services Committee meeting but was not recorded in the minutes. It was requested that receipt of this document be acknowledged by amending the August 12th meeting minutes. On motion by Councillor J. Ziegler - it was resolved: "That the August 12, 2002 Development & Technical Services Committee minutes be amended so as to reference the letter dated August 12, 2002 from Richard A. Hardie & Associates distributed at the meeting on behalf of his client, Mr. & Mrs. M. Ferraz, pertaining to Municipal Plan Amendment Application MP 02/09/TC and Zone Change Application ZC 02/24/TC/DR (Lower Doon - City Initiated)." DTS-02-178 - RENAMING OF DEILCRAFT PLACE TO CHANDARIA PLACE - REQUEST OF CONROS CORPORATION - FAIRVIEW-GATEWAY WARD Development and Technical Services Department report DTS-02-178 dated August 12, 2002 dealing with a street name change request was considered. It was noted in the report that Conros Corporation recently purchased 1 Deilcraft Place which is the only building on the street and have requested the street name be changed from Deilcraft Place to Chandaria Place which is a name that represents the family that owns Conros. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 97 2002 - 158 - CITY OF KITCHENER 3. DTS-02-178 - RENAMING OF DEILCRAFT PLACE TO CHANDARIA PLACE - REQUEST OF CONROS CORPORATION - FAIRVIEW-GATEWAY WARD (CONT'D) On motion by Councillor J. Ziegler - it was resolved: "That Deilcraft Place be renamed Chandaria Place and the Legal Services Division and the Legislated Services Division be instructed to prepare the necessary by-law and proceed with the legal name change process." DTS-02-188 - COMPLEX DEVELOPMENT & TECHNICAL SERVICES DEPARTMENT REPORTS - INCLUSION OF EXECUTIVE SUMMARY The Committee was in receipt of Development and Technical Services Department report DTS-02- 188 dated August 29, 2002 dealing with the format of lengthy departmental reports and recommending inclusion of an executive summary where appropriate. On motion by Councillor B. Vrbanovic - it was resolved: "That any Development & Technical Services Department reports greater than three pages in length, not including appendicies, include a two to three paragraph Executive Summary indicating the reason for the report, the process, and any key issues or complications (for subdivision reports, the Executive summary will precede Recommendations). This Executive Summary along with preceding recommendations will provide the reader an outline of the issue and recommended course of action." DTS-02-182 - 410 KING STREETWEST - ZONE CHANGE APPLICATION ZC 02/27/K/CB - 410 KING PROPERTIES LIMITED - BRIDGEPORT-CENTRE WARD The Committee was advised that a zone change application has been submitted by 410 King Properties Limited with respect to the property known municipally as 410 King Street West, more commonly referred to as the Kaufman site. The proposed rezoning will remove certain heavy industrial uses currently permitted on the property in order for the applicant to redevelop the site with a mixture of office and residential uses. Further, a holding provision was placed on the Kaufman site to prevent multiple residential use until certain conditions have been met. In this regard, the Committee considered Development and Technical Services Department report DTS- 02-182 dated August 12, 2002 and a proposed by-law dated August 9, 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. J. Willmer briefly summarized the purpose of the application and advised that a revised proposed by-law dated September 9, 2002 had been circulated to the Committee. The revised by- law contains an additional clause numbered as 2 with the revision having the effect of bringing the property into consistency with properties on King Street as to where residential properties are located. Messrs. Bill Green, Green Scheels Pidgeon Planning and Mitchell Fasken, 410 King Properties Limited attended with regard to the application. Mr. Green indicated support for the staff recommendation as well as the revised proposed by-law circulated to the Committee this date. Mr. Fasken commented that extensive clean up of the building has been underway and noted that the recommendation being considered this date was the first step in bringing about rehabilitation of the building. He indicated that the northerly portion of the building would be set aside for residential uses while the southerly side was designated for office type uses. Both delegates commented on the very high level of cooperation that they had received from all staff DTS-02-182 - 410 KING STREETWEST DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 97 2002 - 159 - CITY OF KITCHENER - ZONE CHANGE APPLICATION ZC 02/27/K/CB - 410 KING PROPERTIES LIMITED - BRIDGEPORT-CENTREWARD (CONT'D) members with involvement in this matter. No other delegations were registered respecting this matter. The recommendation in the staff report as well as the revised proposed by-law was then dealt with. On motion by Councillor J. Smola - it was resolved: "That Zone Change Application ZC 02/27/K/CB (410 King Street West [Kaufman] - 410 King Properties Limited), to change the zoning on the subject lands, legally described as Lots 56 to 62 inclusive, 110 to 113 inclusive, 115 to 118 inclusive and Par of Lots 114 and 119, and Lot 2 of Streets and Lanes, Registered Plan 374, to delete section (a), subsection (i), of Special Use Provision 138U, of Appendix "C", be approved, in the form shown in the Proposed By-law dated August 9, 2002, as revised September 9, 2002 to add a Clause 2 to read as follows: Clause a) of Section 138 of Appendix "C" to By-law 85-1 is hereby amended by deleting subclause iv) c) and substituting therefor the following: "shall in no case, be located on the ground floor abutting King Street, except for access." 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." DTS-02-183 - 59 PLYMOUTH ROAD - ZONE CHANGE APPLICATION ZC 021211PICB - NGATHIEN HOANG - FOREST-ROCKWAY WARD The Committee was advised that a zone change application has been received from Nga Thien Hoang to change the zoning of lands known municipally as 59 Plymouth Road, located on the west side of Plymouth Road, just south of Cornell Avenue. The applicant has proposed the rezoning in order to operate a small catering home business from a single detached dwelling for the purpose of preparing light and cold foods, such as soups, salads and sandwiches. However, catering is not currently listed under Section 5.13.1 of the Zoning By-law as a permitted home based business. In this regard, the Committee considered Development and Technical Services Department report DTS-02-183 dated August 16, 2002 containing a recommendation of staff that the application be refused. Attached to the report was a proposed by-law dated August 13, 2002 pertaining to the requested rezoning for consideration in the event that the Committee approves the zone change. 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. J. Willmer summarized the purpose of the report and pointed out how staff had separated numerous community responses to the zone change circulation into three categories as outlined in the report. In particular, he referenced comments 16-19 as being matters of concern for any home based business preparing food products. Mr. Willmer advised that since preparation of the report the applicant has discussed her concerns with staff. Finally, he advised of a late communication that has been received from Frances Adam, a neighbourhood resident who raised concerns similar to those already listed in the staff report and to whom he assured would be passed along to the Committee. 6. DTS-02-183 - 59 PLYMOUTH ROAD DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 97 2002 - 160 - CITY OF KITCHENER - ZONE CHANGE APPLICATION ZC 02/21/P/CB - NGATHIEN HOANG - FOREST-ROCKWAY WARD (CONT'D) Ms. Nga Thien (Lisa) Hoang attended with respect to her zone change application and to provide additional comment with respect to her submission dated August 30, 2002 which was circulated to the Committee with the agenda. She commented that she fully understood the concerns of neighbours and stressed that she would not do anything that would have a negative on them. With respect to the proposed use requested in the rezoning she advised that there would be no odours from the business operation, no business signage, no additional vehicular traffic and no problem with garbage volume. The applicant indicated that she would be delivering food products directly to customers. No other delegations were registered with respect to this matter. In response to questions from the Committee, Ms. Hoang indicated that she had lived at the property for one year but had not discussed her proposal with most of the neighbours. Further, she indicated that she had made the application after consultations with a City planner who had indicated it would likely be approved. Councillor B. Vrbanovic questioned if there had been any opportunity to discuss the proposal with neighbourhood residents and suggested deferral so as to allow for this to take place. Mr. J. Willmer indicated that staff could accommodate such approach. However, Councillor J. Ziegler stated that he would not like to see the applicant put in that position particularly since it was his view the application should be refused as it should not have been made in the first place, and as such he would support refunding the application fee. Mr. Willmer commented that refund of fee would not set a precedent. On motion by Councilor G. Lorentz - it was resolved: "That Zone Change Application ZC 02/21/P/CB (59 Plymouth Road - Nga Tien Hoang), to change the zoning on the subject lands, legally described as Plan 842 Lot 28, for the City of Kitchener, from Residential Six Zone (R-6) to Residential Six Zone (R-6) with Special Use Provision 317U, be refused. It is the opinion of this Committee that refusal of this application is proper planning for the City as this application is not desirable for the appropriate use of the property and does not maintain the general intent and purpose of the City of Kitchener Zoning By-law." The suggestion to refund the zone change application fee was then dealt with. On motion by Councilor G. Lorentz - it was resolved: "That a refund of the applicable fee be approved in respect to Zone Change Application ZC 02/21/P/CB (59 Plymouth Road - Nga Tien Hoang)." DTS-02-181 - 844 COURTLAND AVENUE EAST - ZONE CHANGE APPLICATION ZC 02/23/C/CB - ZEVEST DEVELOPMENT CORPORATION - FAIRVIEW-GATEWAY WARD The Committee was advised that an application has been received from Zevest Development Corporation to change the zoning of lands known municipally as 844 Courtland Avenue East which is located just south of the Courtland Avenue Conestoga Parkway ramp, on the eastern side of Courtland Avenue. The purpose of the rezoning is to permit a retail outlet in association with the existing warehousing and wholesaling operation which specifically will allow for the sale of packaging materials, catering supplies, party supplies and cleaning supplies. In this regard, the Committee considered Development and Technical Services Department report DTS-02-181 DTS-02-181 - 844 COURTLANDAVENUE EAST DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 97 2002 - 161 - CITY OF KITCHENER - ZONE CHANGE APPLICATION ZC 021231CICB - ZEVEST DEVELOPMENT CORPORATION - FAIRVIEW-GATEWAY WARD (CONT'D) dated August 13, 2002 and a proposed by-law dated August 13, 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. J. Willmer briefly summarized the purpose of the report and advised that staff had nothing further to add. He did note that Mr. Don Zehr of Zevest Development Corporation was unable to attend the meeting this date but had requested that his support of the recommendation in the staff report be conveyed to the Committee. No delegations were registered respecting this matter. On motion by Councillor J. Ziegler - it was resolved: "That Zone Change Application ZC 02/23/C/CB (844 Courtland Avenue East - Zevest Development Corporation), to change the zoning on the subject lands, legally described as PLAN 695 PT LT 5 RP58R866 PART 1, for the City of Kitchener, from General Industrial Zone (M-2) to Service Industrial Zone (M-3), be approved, in the form shown in the Proposed By-law dated August 13, 2002. 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." VERBAL UPDATE- DTS-02-159 - DTS-02-159 539 BRIDGEPORT ROAD ZONE CHANGE APPLICATION ZC 021021BICB HOIKER INC. BRIDGEPORT-CENTRE WARD The Committee again considered Development and Technical Services Department report DTS- 02-159 dated July 25, 2002 which was considered by the Committee at its August 12, 2002 meeting and deferred and referred for consideration at the August 26, 2002 meeting of City Council which then referred the matter back to the meeting this date. Mr. J. Willmer commented on the earlier deferrals noting the wish of the applicant not to have to demolish the garage; however, he advised that the applicants have now satisfied themselves that demolition of the garage is necessary to accommodate the rear parking requirement. No delegations were registered respecting this matter. On motion by Councilor J. Smola - it was resolved: "That Zone Change Application ZC 02/02/B/CB (539 Bridgeport Road - Hoiker Inc.), to change the zoning on the subject lands, legally described as Plan 674 Lot 28, from Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 17R to Neighbourhood Shopping Centre Zone (C-2) with Special Use Provision 320U, b.~e approved, in the form shown in the 'Proposed By-law' dated July 15, 2002 subject to readings of the By-law being withheld until the owner of the property has completed the following conditions: 1) That the garage be demolished so as to allow for the development of a rear parking area; and, 8. VERBAL UPDATE- DTS-02-159 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 97 2002 - 162 - CITY OF KITCHENER DTS-02-159 - 539 BRIDGEPORT ROAD - ZONE CHANGE APPLICATION ZC 021021BICB - HOIKERINC. - BRIDGEPORT-CENTREWARD (CONT'D) 2) That the owner of the property enter into a site plan agreement with the City, to be approved by the Manager of Design & Development, and that the site be developed in accordance with said plan. 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." DTS-02-190 - MCBRINE DRIVE- HURON BUSINESS PARK - OFFER TO PURCHASE - SITE 82B - ROMAN PENTSAIN TRUST - SOUTH WARD The Committee considered Development and Technical Services Department report DTS-02-190 dated September 3, 2002 dealing with an offer to purchase Site 82b fronting McBrine Drive in the Huron Business Park received from Roman Pentsa in Trust. On motion by Councillor J. Ziegler - it was resolved: "That the City accept the conditional Offer to Purchase from Roman Pentsa In Trust for Part 4 Reference Plan 58R- 6949 (Site 82b, McBrine Drive). The site has an approximate area of 1.5 acres (.6 hectares) and the offering price is $114,000.00; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor." 10. DTS-02-185 - KINGSWAY DRIVE BY-PASS AT FRANKLIN STREET - FAIRVIEW-GATEWAY WARD The Committee was in receipt of Development and Technical Services Department report DTS-02- 185 dated August 20, 2002 dealing with reimbursement of costs in respect to the Kingsway Drive by-pass which was constructed by the City in May 2002. Attached to the report was an earlier staff report DTS-02-147 dated June 13, 2002 which was dealt with by the Finance and Corporate Services Committee at its meeting held June 24, 2002. It was noted in the report that Ministry of Transportation staff have refused to reimburse the City for its costs in respect to the Kingsway Drive by-pass which was constructed as a consequence of the Highway #8 widening project so as to mitigate the negative effect of the closing of the Kingsway Drive / Franklin Street intersection on the neighborhood, business and traffic circulation. Mr. G. Stewart commented that staff were disappointed that the City's request had been refused particularly since MTO representatives at the April 8, 2002 City Council meeting had agreed to investigate means of keeping the intersection open to traffic at all times. Mayor C. Zehr supported the slightly modified recommendation which had been circulated to the Committee this date. Councillor B. Vrbanovic commented on the considerations that took place with respect to the Franklin Street bridge removal and its impact on Kingsway Drive noting that it was only realized late in the process that the intent was to close Kingsway Drive. Accordingly, he asked that in future projects, dialogue take place at the earliest possible time so as to identify the full impact of projects. 10. DTS-02-185 - KINGSWAY DRIVE BY-PASS AT FRANKLIN STREET DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 97 2002 - 163 - CITY OF KITCHENER - FAIRVIEW-GATEWAY WARD (CONT'D) On motion by Councillor B. Vrbanovic - it was resolved: "That Mayor C. Zehr, on behalf of Kitchener City Council, be authorized to request the Minister of Transportation to approve reimbursement of approximately $110,000. to the City of Kitchener for the temporary Kingsway Drive by-pass construction and removal costs as part of the cost of the M.T.O. Highway #8 widening project; said by-pass costs as outlined in Development and Technical Services Department report DTS-02-147." 11. ADJOURNMENT On motion, the meeting adjourned at 7:33 p.m. L.W. Neil, AMCT Assistant City Clerk