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Dev & Tech Svcs - 2002-10-07
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 7~ 2002 CITY OF KITCHENER The Development and Technical Services Committee met this date commencing at 7:12 p.m. under Councillor C. Weylie, Chair, with the following members present: Mayor C. Zehr and Councillors B. Vrbanovic, M. Galloway, G. Lorentz and J. Smola. Officials Present: Ms. L. MacDonald and Messrs. J. Fielding, G. Stewart, J. Willmer, D. Mansell, J. Witmer, R. Browning, L. Lynch, K. Carmichael and L.W. Neil. 1. DTS-02-199 - HOMER WATSON BOULEVARD - STIRLING AVENUE SOUTH TO OTTAWA STREET SOUTH SPEED LIMIT REDUCTION FOREST-ROCKWAY WARD 3. The Committee considered Development and Technical Services Department report DTS-02- 199 dated September 17, 2002 recommending a reduction of the speed limit on Homer Watson Boulevard. On motion by Councillor G. Lorentz - it was resolved: "That the current posted 70 km/h speed limit on Homer Watson Boulevard between Stirling Avenue South and Ottawa Street South be reduced to 60 km/h; and further, That the Uniform Traffic By-law be amended accordingly." DTS-02-203 - STAUFFER DRIVE AT CARYNDALE DRIVE TRAFFIC CONTROL - ALL WAY STOP SOUTH WARD The Committee was in receipt of Development and Technical Services Department report DTS- 02-203 dated September 18, 2002 dealing with traffic control at the intersection of Caryndale Drive and Stauffer Drive. On motion by Councillor M. Galloway - it was resolved: "That an all-way stop control be installed at the intersection of Caryndale Drive and Stauffer Drive; and further, That the Uniform Traffic By-law be amended accordingly." DTS-02-204 - BLOCK LINE ROAD - HOMER WATSON BOULEVARD TO NORTHERLY LIMIT OF BLOCK LINE ROAD ON-STREET PARKING PROHIBITION FAIRVIEW-GATEWAY WARD The Committee considered Development and Technical Services Department report DTS-02- 204 dated September 18, 2002 dealing with a recommendation to prohibit parking on Block Line Road. On motion by Councillor M. Galloway - it was resolved: "That parking be prohibited on both sides of Block Line Road from Homer Watson Boulevard to the northerly limit of Block Line Road; and further, That the Uniform Traffic By-law be amended accordingly." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 7~ 2002 4. DTS-02-205 - - 169 - CITY OF KITCHENER YOUNG STREET NORTH OF KING STREET BY-LAW AMENDMENT - SCHEDULE 5 LOADING ZONES BRIDGEPORT-CENTRE WARD The Committee was in receipt of Development and Technical Services Department report DTS- 02-205 dated September 16, 2002 dealing with a recommendation to amend the Uniform Traffic By-law with regard to a 15 minute loading zone on the west side of Young Street. On motion by Councillor J. Smola - it was resolved: "That the existing 15 minute Loading Zone on the west side of Young Street from a point 22 metres north of King Street to a point 11 metres north thereof, be incorporated into the City of Kitchener Uniform Traffic By-law 2000-159, Schedule '5', Part V - Loading Zones; and further, That the Uniform Traffic By-law be amended accordingly." DTS-02-211 - PIONEER DRIVE / NATHANIEL CRESCENT INTERSECTION TRAFFIC SCHOOL SAFETY - BLESSED KATERI SEPARATE SCHOOL FAIRVIEW-GATEWAY WARD The Committee was in receipt of Development and Technical Services Department report DTS- 02-211 dated September 23, 2002 dealing with pedestrian safety at Blessed Kateri Separate School and recommending an adult crossing guard position be established. On motion by Councillor M. Galloway - it was resolved: "That an adult crossing guard facility be established at the intersection of Pioneer Drive and Nathaniel Crescent at Blessed Kateri Separate School; and further, That the 2002 Operating Budget be adjusted to reflect an over-expenditure of $2000.00 for the operation of the proposed adult crossing guard facility." DTS-02-214 - WABANAKI DRIVE AT HIDDEN VALLEY ROAD / GOODRICH DRIVE TRAFFIC CONTROL - ALL WAY STOP FAIRVIEW-GATEWAY WARD The Committee considered Development and Technical Services Department report DTS-02- 214 dated September 25, 2002 dealing with traffic control at the intersection of Hidden Valley Road / Goodrich Drive / Wabanaki Drive. On motion by Councillor G. Lorentz - it was resolved: "That an all-way stop control be installed at the intersection of Hidden Valley Road/Goodrich DriveNVabanaki Drive; and further, That the Uniform Traffic By-law be amended accordingly." DTS-02-217 - HURON ROAD CONSTRUCTION PROJECT TRILLIUM DRIVE TO STRASBURG ROAD APPROVAL FOR EXTRA ENGINEERING FEES FAIRVIEW-GATEWAY WARD & SOUTH WARD The Committee was in receipt of Development and Technical Services Department report DTS- 02-217 dated October 3, 2002 requesting approval of extra engineering fees with respect to the Huron Road construction project from Trillium Drive to Strasburg Road. Notwithstanding the additional engineering fees, it was noted in the report that the final construction cost was lower than the proposed budget for the work. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 7~ 2002 - 170 - CITY OF KITCHENER 7. DTS-02-217 - HURON ROAD CONSTRUCTION PROJECT TRILLIUM DRIVE TO STRASBURG ROAD APPROVAL FOR EXTRA ENGINEERING FEES FAIRVIEW-GATEWAY WARD & SOUTH WARD (CONT'D) On motion by Councillor G. Lorentz - it was resolved: "That staff be authorized to amend the original Purchase Order with MTE Consultants Inc., for Engineering services for the Huron Road Construction Project, Trillium Drive to Strasburg Road from $274,165.03 to $392,943.47." DTS-02-191 - 19-21 BINGEMAN STREET MUNICIPAL PLAN AMENDMENT APPLICATION MP 02/07/B/SV ZONE CHANGE APPLICATION ZC 02/16/B/SV THOMAS O'ROURKE BRIDGEPORT-CENTRE WARD The Committee was advised that the City was in receipt of applications from Thomas O'Rourke to amend the municipal plan and change the zoning of lands known municipally as 19-21 Bingeman Street located on the southerly side of Bingeman Street between Lancaster Street and Samuel Street and containing two buildings, each currently having three dwelling units. The purpose of the applications is to recognize the existing use of the subject lands and buildings for multiple dwellings and to facilitate the severance of 19 & 21 Bingeman Street into two separate properties. In this regard, the Committee considered Development and Technical Services Department report DTS-02-191 dated September 4, 2002 and a proposed by-law dated September 3, 2002 attached to the report. Also attached to the staff report was the document containing the proposed amendment to 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 02/07/B/SV 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 October 21, 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. J. Willmer briefly explained the purpose of the applications noting that the buildings were once previously located on independent parcels of land up until 1995 when title to the two properties was taken into identical ownership and the lands merged into one property. He DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 7~ 2002 - 171 - CITY OF KITCHENER 8. DTS-02-191 - 19-21 BINGEMAN STREET MUNICIPAL PLAN AMENDMENT APPLICATION MP 02/07/B/SV ZONE CHANGE APPLICATION ZC 02/16/B/SV THOMAS O'ROURKE BRIDGEPORT-CENTRE WARD (CONT'D) pointed out that the applications were required in order to recognize use of the buildings for multiple dwellings before consideration could be given to a severance application by the Committee of Adjustment. Mr. lan Rawlings, Cumming Cockburn Limited, attended on behalf of the applicant and indicated support of the recommendation in the staff report. No other delegations were registered respecting this matter. On motion by Councillor J. Smola - it was resolved: "A. That Council approve Municipal Plan Amendment Application MP 02/07/B/SV (19- 21 Bingeman Street - Thomas ©'Rourke), being an amendment to: i) Amend Map 20 - Central Frederick Neighbourhood Secondary Plan from "Low Rise Conservation A" to "Low Rise Conservation B" as shown on Schedule "A" attached to report DTS-02-191. It is the opinion of this Committee that approval of this application is proper planning for the City. That Zone Change Application ZC 02/16/B/SV (19-21 Bingeman Street - Thomas ©'Rourke) requesting a change in zoning from Residential Five Zone (R-5) with Special Use Provision 129U to Residential Five Zone (R-5) with Special Regulation Provision 391R and Residential Five Zone (R-5) with Special Regulation Provision 392R, on lands legally described as Lot "A", Registered Plan 363 in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated September 3, 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 (MP 02/07/B/SV) to the City's Municipal Plan." DTS-02-210 - QUEEN STREET NORTH / MARGARET AVENUE TRAFFIC CONTROL PEDESTRIAN CROSSING PROTECTION / TRAFFIC VOLUMES BRIDGEPORT-CENTRE WARD The Committee considered Development and Technical Services Department report DTS-02- 210 dated September 27, 2002 dealing with a review of traffic controls at the Queen Street / Margaret Avenue intersection. The review covered options for an all-way stop, traffic signals and pedestrian signals and it was determined that none of these controls were fully warranted. Staff could support an all-way stop control at this intersection given the traffic volumes, pedestrian activity, restricted site lines and traffic generated by the Centre In The Square. However, the geometric constraints of the intersection do not allow for installation of traffic controls without considerable expense as noted in the report. Mr. K. Carmichael briefly summarized the report and referenced the cost options to undertake improvements to the intersection. In response to questions, he noted that six very mature trees would have to be removed to accommodate intersection improvements. A further question dealt with opening Otto Street to connect with Margaret Avenue at Queen Street which he advised has not been considered but if undertaken would influence traffic warrant criteria. Councillor J. Smola suggested the recommendation in the staff report be deferred so as to allow staff to consider implications of connecting Otto Street to Margaret Avenue. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 7~ 2002 - 172 - CITY OF KITCHENER 9. DTS-02-210 - QUEEN STREET NORTH / MARGARET AVENUE TRAFFIC CONTROL PEDESTRIAN CROSSING PROTECTION / TRAFFIC VOLUMES BRIDGEPORT-CENTRE WARD (CONT'D) On motion by Councillor J. Smola - it was resolved: "That consideration of the staff recommendation in Development and Technical Services Department report DTS-02-210 recommending 'the existing intersection controls and geometrics at Queen Street and Margaret Avenue remain unchanged' be deferred and referred to the October 28, 2002 Development and Technical Services Committee meeting and staff be instructed to prepare a further report discussing the implications of establishing a through street between Queen Street North and Frederick Street by connecting Margaret Avenue and Otto Street." 10. DTS-02-218 - CORA DRIVE / PENELOPE DRIVE INTERSECTION TRAFFIC CONTROL FOREST-ROCKWAY WARD The Committee was in receipt of Development and Technical Services Department Report DTS- 02-218 dated September 27, 2002 dealing with a recommendation not to install all-way stop controls at the intersection of Cora Drive and Penelope Drive. Mr. K. Carmichael spoke briefly in support of the report. On motion by Councillor G. Lorentz - it was resolved: "That an all-way stop control not be installed at the intersection of Cora Drive at Penelope Drive; and further, That Transportation Planning monitor traffic volumes and speeds on Cora Drive and Penelope Drive upon completion of Ira Needles Boulevard." 11. DTS-02-212 - RALGREEN CRESCENT STREET NAME CHANGE FOREST-ROCKWAY WARD The Committee considered Development and Technical Services Department report DTS-02- 212 dated September 23, 2002 pertaining to consideration of changing the street name of Ralgreen Crescent. Mr. J. Willmer advised that the staff report was the result of concerns expressed at community meetings and a subsequent circulation to residents and property owners of Ralgreen Crescent in which they were requested to vote on whether to retain the name Ralgreen Crescent or select a new name from other possible street names. Mr. Witmer advised that 40 out of 63 ballots were returned with the ballot results as listed in the report showing Ralgreen Crescent receiving the highest number of votes. On motion by Councillor G. Lorentz - it was resolved: "That the following be approved in respect to Ralgreen Crescent: · continued use of the street name Ralgreen Crescent. re-addressing of the following city owned buildings on Ralgreen Crescent: · 64 Ralgreen Crescent be changed to 62 Ralgreen Crescent · 66 Ralgreen Crescent be changed to 64 Ralgreen Crescent DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 7~ 2002 - 173 - CITY OF KITCHENER 11. DTS-02-212 - RALGREEN CRESCENT STREET NAME CHANGE FOREST-ROCKWAY WARD (CONT'D) · new street addresses of 63A and 63B for two of the new townhouse units on Ralgreen Crescent" 12. DTS-02-221 - DIRECTION TO STAFF RE: INVESTIGATION OF FIBRE OPTIC CABLE INSTALLATION INTO SANITARY SEWER PIPES 13. The Committee was in receipt of Development and Technical Services Department report DTS- 02-221 dated October 3, 2002 dealing with a request that staff be directed to further investigate fibre optic cable installation into sanitary sewer pipes before any decisions were made with respect to this matter. Mr. L. Lynch commented on the content of the staff report and considerations that have taken place. He indicated that there were many unanswered questions in respect to the entire matter and that staff would continue to follow the progress of the City of Toronto's fibre optic installation pilot project. Councillor B. Vrbanovic concurred with the approach recommended by staff and pointed out that installation into the sewers would eliminate many excavations to roadways as well as provide a potential source of new revenue for the municipality. Mayor C. Zehr commented that there were several different fibre optic companies operating and questioned if discussion had taken place with Fibre Tech. Mr. Lynch advised that Fibre Tech has been approached and that staff would be communicating with all fibre optic companies. On motion by Councillor B. Vrbanovic - it was resolved: "That staff be directed as follows with respect to Investigation of Fibre Optic Cable installation into sanitary sewer pipes: · to explore the potential revenue opportunities with fibre optic cable installations in sewers. · to determine current and future demand for this option through industry polling. · to review the City of Toronto's Fibre Optic Installation Pilot Project. · to form an exploratory committee to investigate potential administrative, engineering and maintenance impact. to continue liaison with CATT(Centre for Advancement of Trenchless Technology) at the University of Waterloo to determine structural and maintenance impacts of fibre optic cable installation in sewers." DTS-02-222 - DIRECTION TO STAFF TO PREPARE AMENDMENTS TO THE ZONING, LICENSING AND PROPERTY STANDARDS BY-LAWS REGULATION OF PRIVATELY OPERATED SNOW DUMPS The Committee was in receipt of Development and Technical Services Department report DTS- 02-222 dated October 3, 2002 dealing with a request by staff for direction to prepare amendments to the zoning, licensing and property standards by-laws in order to implement regulation of privately operated snow dumps by January 1,2003. Mr. J. Willmer briefly commented on the report and noted that zoning regulations could only achieve a portion of the City's objective relating to the impacts of privately operated snow dumps and for that reason it was necessary to involve licensing and property standards controls. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 7~ 2002 13. DTS-02-222 - - 174 - CITY OF KITCHENER DIRECTION TO STAFF TO PREPARE AMENDMENTS TO THE ZONING, LICENSING AND PROPERTY STANDARDS BY-LAWS REGULATION OF PRIVATELY OPERATED SNOW DUMPS (CONT'D) On motion by Councillor J. Smola - it was resolved: "That staff be directed to proceed with the following means of regulating private snow dumps, all to be completed for Council consideration prior to January 1,2003: a) To prepare the necessary amendments to the Zoning By-law, and advertise for a public meeting of Council to consider such a by-law to prohibit snow dumping within or adjacent to natural environmental features such as Environmentally Sensitive Policy Areas; b) To prepare the necessary amendments to the Municipal Code, establishing Licensing and Property Standards controls to ensure that Snow Dumps are operated in such a way as not to cause a safety hazard or a nuisance to adjoining lands." The Committee directed that this recommendation be referred for consideration and ratification to the Special Council meeting of this date which is being reconvened immediately following the conclusion of the Development and Technical Services Committee meeting. 14. CRPS-02-241 - ENVIRONMENTAL COMMITTEE RECOMMENDATION re: DTS-02-216 - GRAND RIVER CONSERVATION AUTHORITY WETLANDS POLICY The Committee considered Corporate Services Department report CRPS-02-241 dated October 4, 2002 requesting approval of the Environmental Committee recommendation of the City of Kitchener response to the Grand River Conservation Authority respecting the GRCA Wetlands Policy document dated July 16, 2002. It was noted that the Environmental Committee met on October 3, 2002 to consider the Wetlands Policy which the GRCA has asked municipalities to respond to by October 15, 2002. Mr. J. Willmer advised that there were still concerns with technical matters and serious concerns about implementation of the new Wetlands Policy before guidelines are established and confirmed. As well, he noted that endorsement of the Wetlands Policy was also premature in respect to the effect of the generic regulation under the Conservation Authorities Act. Councillor B. Vrbanovic supported the view of staff and the Environmental Committee recommendation and commented that the policies were much to broad without the specifics of accompanying details being known. On motion by Councillor B. Vrbanovic - it was resolved: "WHEREAS the City of Kitchener values wetlands as evidenced through existing City, Regional and Provincial policy; THEREFORE BE IT RESOLVED that the City of Kitchener advise the Grand River Conservation Authority (GRCA) that endorsement of the GRCA Wetlands Policy dated July 16, 2002 is premature until: i) accompanying implementation guidelines are detailed and confirmed; and, ii) the effect of the 'Gene#c Regulation' under the Conservation Autho#ties Act on municipal responsibilities and operations is determined, and municipal consultation with appropriate agencies is undertaken and complete; and, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 7~ 2002 - 175 - CITY OF KITCHENER 14. CRPS-02-241 - ENVIRONMENTAL COMMITTEE RECOMMENDATION re: DTS-02-216 - GRAND RIVER CONSERVATION AUTHORITY WETLANDS POLICY (CONT'D) BE IT FINALLY RESOLVED that outstanding technical comments on the Wetlands Policy, as outlined in Development and Technical Services Department report DTS-02- 216-PL, be forwarded to the GRCA for consideration." The Committee directed that this recommendation be referred for consideration and ratification to the Special Council meeting of this date which is being reconvened immediately following the conclusion of the Development and Technical Services Committee meeting. 15. DREWLO HOLDINGS LIMITED - HERITAGE PERMIT APPLICATION 2002-V-03 re: 530, 540-560 QUEEN STREET SOUTH - DEMOLITION CONTROL APPLICATION DC 01/09/Q/DR re: 560 QUEEN STREET SOUTH - WEST-VICTORIA PARK WARD The Committee was provided with a copy of deferral and referral resolutions approved by City Council at its meeting held September 16, 2002 pertaining to Drewlo Holdings Limited Heritage Permit Application # 2002-V-03 (530, 540-560 Queen Street South) for a 10 storey apartment development on the subject lands, and Demolition Control Application DC 01/09/Q/DR (560 Queen Street South). Mr. J. Willmer noted that the intent of Council's September 16, 2002 deferral resolutions was to allow for further dialogue between Drewlo Holdings and the community pertaining to the list of suggested conditions provided by the Kitchener Neighbours for Appropriate Development (KNAD) group, based on a 10 storey apartment building. He advised that Drewlo Holdings was not willing to participate in further negotiations respecting the proposed development and had submitted a letter dated October 4, 2002 to the City Clerk. The correspondence notes that discussions pertaining to the heritage permit application have continued past the 90 day statutory period without conclusion. Further, it was noted that the developer opposes a building height reduction to 10 storeys. Accordingly, Drewlo Holdings has requested that a decision on the application under the Ontario Heritage Act be made this date and ratified by Council, and has also advised that an appeal concerning the site plan application is being submitted to the Ontario Municipal Board on the basis of the application submitted to the City on December 7, 2001. As to courses of options, he advised that Council could: take no further action; refuse the heritage permit application or approve the heritage permit application for what Council considers an appropriate development. He suggested that since the matter may be referred to the Ontario Municipal Board, Council should consider the third option as this would make the City's position clear at any subsequent Ontario Municipal Board hearing. Mayor C. Zehr requested that the KNAD list of conditions be re-circulated to the Committee. Mr. Bruce Berry attended on behalf of KNAD to advise that attempts were made to contact Mr. Bernie Hermsen, agent for Drewlo Holdings but that no response was received and no negotiations have taken place. Accordingly, he requested that Council deny the heritage permit application. Councillor B. Vrbanovic commented that the Ontario Municipal Board will act on this matter and suggested it would be better to have a definitive position on the part of the City rather than just a denial of the application. Mr. Berry replied that it was his hope that making the wishes of the community known would help at the Ontario Municipal Board, particularly since KNAD has not seen a site plan they would support. It was Councillor G. Lorentz's view the heritage permit application should be deferred in the interest of establishing flexibility in order that the City would be able to forward a fluid position to the Ontario Municipal Board. Mr. Rick Haldenby advised that he was attending to support Council's September 16, 2002 motion. He agreed the City should take a position to support the values expressed by residents and that the City should try to broker a reasonable position on the heritage permit application. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 7~ 2002 - 176 - CITY OF KITCHENER 15. DREWLO HOLDINGS LIMITED - HERITAGE PERMIT APPLICATION 2002-V-03 re: 530, 540-560 QUEEN STREET SOUTH - DEMOLITION CONTROL APPLICATION DC 01/09/Q/DR re: 560 QUEEN STREET SOUTH - WEST-VICTORIA PARK WARD (CONT'D) He also commented that both KNAD and Heritage Kitchener feel strongly that a heritage permit should not be approved; however, he acknowledged that he understood the position the City was in. Councillor J. Smola commented that he had heard the residents clearly request that the heritage permit be refused and request the matter to go to the Ontario Municipal Board. Accordingly, he advised that he would make his decision on the application based on the advice of both the residents and Heritage Kitchener. Mayor C. Zehr commented in response to earlier suggestions that Council take the values proposed by KNAD into consideration and stated that Council has considered these values by limiting the development to 10 storeys in height. Councillor G. Lorentz noted that the problem with the development is the very small portion of the site being within the boundary of the Victoria Park Area Heritage Conservation District. He commented that the City should be on a solid footing when the matter is appealed to the Ontario Municipal Board and he thought deferral would show flexibility on the part of the City. Mr. J. Willmer advised that the City may have to engage another planner to defend its position at the Ontario Municipal Board. He noted that planning staff had recommended approval of Concept 'D' and that if Concept 'D' with the height reduction to 10 storeys was approved, planning staff would defend everything with the exception of building height. Councillor B. Vrbanovic suggested a motion to approve the heritage permit application with a maximum 10 storey building provided the development meets most conditions requested by KNAD and that consideration of the demolition control application be deferred until a site plan has been approved in accordance with Council direction on the heritage permit application. Mayor C. Zehr suggested that a pre-amble be added to Councillor Vrbanovic's motion to reference values of heritage and community pertaining to the development proposal to which Councillor M. Galloway also suggested referencing the importance of preserving the integrity of the Victoria Park Heritage Conservation District. Mayor Zehr also commented that it was Council's responsibility to weigh all issues in its decision making notwithstanding that resident delegations have requested the heritage permit application be refused. It was his view that either deferral or refusal would leave the development proposal wide open at the Ontario Municipal Board Hearing and that there was too much at stake not to take a stand on the development. It was also requested that the concerns of Parks Canada as outlined in a letter dated October 1, 2002 be included in Councillor Vrbanovic's motion. Councillor J. Smola again advised that he would not support the motion and recommended Council deny both applications. On motion by Councillor B. Vrbanovic - it was resolved: "WHEREAS the Council of the City of Kitchener has received comments on the proposed apartment development of Drewlo Holdings Limited at 530, 540-560 Queen Street South from the Kitchener Neighbours for Appropriate Development (KNAD) group regarding the values of heritage and community and on the importance of preserving the integrity of the Victoria Park Area Heritage Conservation District; and WHEREAS Parks Canada in correspondence to the City dated October 1, 2002 has expressed concerns over the impact of the proposed development on the Joseph Schneider Haus national historic site located at 466 Queen Street South; emphasized the importance of protecting and maintaining cultural landscape features; and requested the heritage values of this historic site be carefully considered; DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 7~ 2002 - 177 - CITY OF KITCHENER 15. DREWLO HOLDINGS LIMITED - HERITAGE PERMIT APPLICATION 2002-V-03 re: 530, 540-560 QUEEN STREET SOUTH - DEMOLITION CONTROL APPLICATION DC 01/09/Q/DR re: 560 QUEEN STREET SOUTH - WEST-VICTORIA PARK WARD (CONT'D) That pursuant to Section 43 of the Ontario Heritage Act, Heritage Permit Application # 2002-V-03, City Council hereby approves the construction of an apartment building in accordance with Concept "D" in the revised Heritage Impact Assessment dated August 8, 2002 to a maximum of 10 storeys at 530, 540-560 Queen Street South, a portion of which is located in the Victoria Park Area Heritage Conservation District provided the development meets condition numbers 1, 4, 5, 6, 7, 8 (where possible), 9 (excluding the last sentence) & 11 as set out in the list of suggested conditions submitted by the Kitchener Neighbours for Appropriate Development dated September 16, 2002; and further, That Council defer the consideration of Demolition Control Application DC 01/09/Q/DR submitted by Drewlo Holdings Limited pertaining to a request to demolish a single detached dwelling at 560 Queen Street South until a site plan has been approved in accordance with Council's direction on the Ontario Heritage Act, Heritage Permit Application # 2002-V-03." Councillor J. Smola requested he be recorded as voting in opposition to the motion. The Committee directed that this recommendation be referred for consideration and ratification to the Special Council meeting of this date which is being reconvened immediately following the conclusion of the Development and Technical Services Committee meeting. Councillor B. Vrbanovic requested that Mr. J. Willmer outline related processes that staff are currently undertaking. Mr. Willmer advised that since the approval of the new Commercial Policies, Ms. J. Voss is working on Urban Design Guidelines for mixed use corridors and when completed, amendments to the zoning by-law would be introduced to bring the Guidelines into effect. Councillor C. Weylie questioned if an Interim Control By-law could be implemented pending completion of these guidelines and any necessary re-zoning. Mr. Willmer suggested a by-law would not be necessary as he expected the Guidelines would be complete early in 2003. 16. ADJOURNMENT On motion, the meeting adjourned at 8:05 p.m. L.W. Neil, AMCT Assistant City Clerk