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HomeMy WebLinkAboutDev & Tech Svcs - 2007-08-13 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 13 2007 CITY OF KITCHENER The Development and Technical Services Committee met this date, commencing at 6:04 p.m. Present: Councillor C. Weylie - Chair Mayor C. Zehr and Councillors J. Smola, G. Lorentz, K. Galloway, J. Gazzola and B. Vrbanovic Staff: C. Ladd, Chief Administrative Officer R. Browning, General Manager of Development & Technical Services L. MacDonald, City Solicitor 1. Beckett, Fire Chief G. Murphy, Director of Engineering J. Will mer, Director of Planning J. Witmer, Director of Building D. Ross, Manager of Development Review R. Schirm, Supervisor, Crossing Guards M. Schneider, Supervisor of Permits B. Steiner, Environmental Planner D. Gilchrist, Committee Administrator DTS-07 -118 - ALL-WAY STOP CONTROL - PIONEER DRIVE & BLACK WALNUT DRIVE The Committee considered Development and Technical Services Department report DTS-07 -118, dated July 11, 2007, recommending installation of an all-way stop control at the intersection of Pioneer Drive and Black Walnut Drive. On motion by Councillor K. Galloway- it was resolved: "That an all-way stop control be installed at the intersection of Pioneer Drive and Black Walnut Drive; and further, That the Uniform Traffic By-law be amended accordingly." 2. DTS-07-119 - SCHOOL TRAFFIC SAFETY - WILLIAMSBURG PUBLIC SCHOOL The Committee considered Development and Technical Services Department report DTS-07-119, dated July 10, 2007, recommending an Adult Crossing Guard facility at the intersection of Max Becker Drive and Isabella Street, effective September 4, 2007. On motion by Councillor K. Galloway - it was resolved: "That an Adult Crossing Guard facility be established on Max Becker Drive at Isabella Street, effective September 4, 2007; and, That funds in the amount of $2,500 necessary to operate this facility until the end of this calendar year, be considered an over expenditure of the 2007 Operating Budget; and further, That funds in the amount of $8,500 be included in the 2008 Operating Budget to cover annual operating expenses for this Adult Crossing Guard facility." 3. DTS-07-120 - SCHOOL BUS LOADING ZONE AT WILLIAMSBURG PUBLIC SCHOOL The Committee considered Development and Technical Services Department report DTS-07-120, dated July 10, 2007, regarding establishment of a School Bus Loading Zone in the bus bay on Commonwealth Crescent. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 13 2007 - 71 - CITY OF KITCHENER 3. DTS-07-120 - SCHOOL BUS LOADING ZONE AT WILLIAMSBURG PUBLIC SCHOOL CCONT'Dl On motion by Councillor K. Galloway - it was resolved: "That a School Bus Loading Zone be established in the bus bay on Commonwealth Crescent from a point 80 metres south of Commonwealth Street to a point 46 metres south thereof; and further, That the Uniform Traffic Bylaw be amended accordingly." 4. DTS-07-125 - TEMPORARY OCCUPANCY REQUEST - 900 KING STREET WEST The Committee considered Development and Technical Services Department report DTS-07-125, dated July 18, 2007, regarding a request for temporary occupancy of 900 King Street West for retail use, pending the outcome of a City initiated zone change. On motion by Councillor K. Galloway - it was resolved: "That enforcement of the City's Zoning By-law be waived with respect to a retail use within a building at 900 King Street West, existing on August 13, 2007, and temporary occupancy be approved subject to the retail use vacating the location in the event the City initiated Zone Change (ZC06/06/TC/RM) to permit retail uses on the subject lands is not approved; and further; That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use, and any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of final disposition of this application." 5. DTS-07-127 - TRAFFIC CONTROL - COPPER LEAF STREET/COTTON GRASS STREET The Committee considered Development and Technical Services Department report DTS-07-127, dated July 24, 2007, regarding installation of an all-way stop at the intersection of Copper Leaf Street and Cotton Grass Street. On motion by Councillor K. Galloway - it was resolved: "That an all-way stop be installed at the intersection of Copper Leaf Street and Cotton Grass Street; and further, That the Uniform Traffic Control By-law be amended accordingly." 6. DTS-07-128 - TEMPORARY OCCUPANCY - 585 QUEEN STREET SOUTH The Committee considered Development and Technical Services Department report DTS-07-128, dated July 31, 2007, regarding a request for temporary occupancy of 585 Queen Street South for a personal service use, pending the outcome of a City initiated zone change. On motion by Councillor K. Galloway - it was resolved: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 13 2007 -72 - CITY OF KITCHENER 6. DTS-07-128 - TEMPORARY OCCUPANCY - 585 QUEEN STREET SOUTH CCONT'Dl "That enforcement of the City's Zoning By-law be waived with respect to a personal service use within a building at 585 Queen Street South, existing on August 13, 2007, and temporary occupancy be approved subject to the personal service use vacating the location in the event the City initiated Zone Change (ZC06/06/TC/RM) to permit personal service uses on the subject lands is not approved; and further; That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use, and any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of final disposition of this application. " 7. DTS-07-129 - TRAFFIC CONTROL - RITTENHOUSE ROAD/TUERR DRIVE The Committee considered Development and Technical Services Department report DTS-07-129, dated July 31, 2007, regarding installation of an all-way stop at the intersection of Rittenhouse Road and Tuerr Drive. On motion by Councillor K. Galloway - it was resolved: "That an all-way stop be installed at the intersection of Rittenhouse Road and Tuerr Drive; and further, That the Uniform Traffic Control By-law be amended accordingly." 8. DELEGATION - VISIONING PROCESS FOR THE CIVIC DISTRICT The Committee considered a report from the Kitchener Public Library, the Centre in the Square, the Kitchener-Waterloo Art Gallery and the Registry Theatre, dated July 30, 2007, recommending commencement of a visioning process to identify new opportunities for the programming of, and use of land, in the Civic District. Ms. S. Lewis, Kitchener Public Library, and Messrs. A. Bogusky, Kitchener-Waterloo Art Gallery, and Mr. D. Bourgeois, Registry Theatre, were in attendance in support of their report, which was reviewed by Mr. Bogusky. In response to questions from the Committee, Mr. Bugosky advised that there is no budget required for the visioning process which is conceptual in nature. The intension is to include as many people as possible in this process, including the institutions and levels of government who own property in this area. Once a clear vision is established, planning and budgeting will be required; however, that is still some way in the future. Mr. Bourgeois stated that the intension at this time is to determine who should be involved, determine what should be there, then undertake the necessary and complex planning process; however, the first stage is to arrive at a commonly held vision. Several members of the Committee spoke in support of this visioning exercise and thanked the delegation for bringing this matter forward. On motion by Councillor B. Vrbanovic- it was resolved: "That the City of Kitchener supports a visioning process, to be lead by staff of the Centre in the Square, Kitchener Public Library, Kitchener-Waterloo Art Gallery, and the Registry Theatre, to identify new opportunities for the programming of, and use of land in, the Civic District. " DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 13 2007 -73 - CITY OF KITCHENER 9. DTS-07-136 - CLIVE ROAD RECONSTURCTION SIDEWALK INSTALLATION The Committee considered Development and Technical Services Department report DTS-07-136, dated August 3, 2007, regarding installation of a sidewalk on both sides of Clive Road between Fairmount Road and Montgomery Road. Mr. Murphy reviewed this report, noting this matter had come before Council in June when a delegation of Clive Road residents had approached Council in opposition to the installation of sidewalks on Clive Road. Their main concern seemed to be that sidewalks would negatively impact their property values. Since that time staff has considered 4 options respecting sidewalks on Clive Road between Fairmount Road and Montgomery Raod, in light of the City's Pedestrian Charter and Clean Air Policy. Mr. Murphy noted this section of Clive Road would not normally have a high priority for sidewalk installation, but is recommended at this time because of the road works scheduled to take place this year. Mr. Murphy then reviewed the modified design proposed for sidewalks on both sides of Clive Road, where the boulevard between the curb and sidewalk would be narrowed so that the sidewalks would be closer to the street, and the street trees would be located between the sidewalk and the property line. Mr. B. Dunham, Ms. M. de Boer, Mr. R. Geldert, residents of Clive Road and Ms. S. Elliot and Mr. P. Dedes, residents of Fairmount Road, were in attendance, in opposition to the installation of any sidewalks on Clive Road. They stated that this area is like a dead-end street. Pedestrians, including children going to and from Shepherd School, can walk on the roadway in safety, and the lack of sidewalks does not prevent people from walking in this area. This is a wide road, so even in winter there is still plenty of room for cars and pedestrians. Many people purchased their homes on Clive Road specifically because there are no sidewalks. It was also noted that 9 mature trees would be lost if sidewalks are installed; whereas, if sidewalks are not installed, perhaps only 1 mature tree would be lost because of the road works. Councillor Smola advised that on August 7, 2007, he visited this neighbourhood, and all of the residents he spoke with told him the same thing that the delegations have talked about this evening. He put forward a motion not to construct sidewalks on Clive Road between Fairmount Road and Montgomery Road. Councillor Gazzola questioned why it would cost more to install the sidewalks at a later date, and Mr. Murphy responded that in the future, it would be necessary to work around existing infrastructure such a shrubs and driveways. Mayor Zehr stated that it is important to work around older neighbourhoods. He noted that because of the location of this portion of Clive Road, it functions like a dead-end street. It was his opinion that in this particular circumstance, not installing sidewalks would not contradict the Pedestrian Charter or the Clean Air Plan, because there is still an opportunity to walk in safety. Councillor Gazzola spoke in support of the neighbourhood's position on the matter. It was his opinion that to do so is not contradictory to the Pedestrian Charter or the Clean Air Plan as people are still able to walk safely on this street. He stated that this issue keeps arising and staff was directed to reconsider the sidewalk policy. Mr. Witmer stated that staff will report to this Committee on the sidewalk policy this fall. Councillor Gazzola also directed staff to consider posting notices in neighbourhoods for meetings when neighbourhood issues such as sidewalks will be discussed. On motion by Councillor J. Smola - it was resolved: "That sidewalks not be installed on either side of Clive Road from Fairmount Avenue to Montgomery Avenue as part of the 2007 reconstruction of Clive Road." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 13 2007 -74 - CITY OF KITCHENER 10. DTS-07-124 - CYCLING FACILITIES The Committee considered Development and Technical Services Department report DTS-07-124, dated July 10, 2007, regarding installation of boulevard multi-use trails, on-road bicycle lanes and the re-establishment of a City of Kitchener Cycling Advisory Committee in 2008. Mr. Schirm noted the safety aspect at intersections, for cyclists using the curb lane. He noted that many municipalities in Ontario have stopped using boulevard multi-use lanes for cycling because of the safety issues, and with facilities on the road there is an issue of inclusivity. With respect to River Road, Mr. Schirm advised the safest method is to build on-road cycling lanes. With respect to the cycling committee, Mr .Schirm advised that the previous committee's mandate was to assist with the Regional Cycling Master Plan. He suggested it would be prudent to reinstitute a City of Kitchener advisory committee to assist with the City's cycling master plan and to act as an advocacy group. Councillor Vrbanovic stated that he is unclear about the recommendation in the staff report. Mr. Schirm explained that there are many cities that have multi-use trails, and at the time they were installed these municipalities were unaware of the safety issues at intersections and driveways. With respect to the River Road extension, the safest way to deal with cyclists is to have them on the road. Staff is not saying that there should not be multi-use trails; however, there should be on- road cycling lanes because of the safety aspects. He then referred to the research cited in the report and emphasized that for cyclists who will use the River Road extension, on-road cycling lanes will be the safest. On-road cycling is safer because the cyclists are more visible to motorists. The Committee requested that the staff recommendation be clarified to show that in addition to on-road cycling space, that multi-use trails also be considered for the River Road extension, whether or not these trails are used by cyclists. Councillor Gazzola advised he can support the recommendation with the clarification about the multi-use trails; however, he asked that the footprint of the roadway be kept as narrow as possible through Hidden Valley. On motion by Councillor B. Vrbanovic- it was resolved: "That the City of Kitchener follow the criteria for the installation of boulevard multi-use trails as outlined in the Region of Waterloo Cycling Master Plan (2004) until such time as the City of Kitchener Bikeway Study is updated; and further, That the Region of Waterloo be advised that City of Kitchener prefers the installation of on- road, 1.5m wide bike lanes on the River Road extension, from Old King Street to Bleams Road, while keeping the footprint of this road through Hidden Valley as narrow as possible; and, That in addition to the 1.5m wide, on-road bike lanes, consideration be given to installation of boulevard multi-use trails along the River Road extension, which mayor may not include use by cyclists; and further, That a City of Kitchener Cycling Advisory Committee be instituted in 2008 as part of the Transportation Demand Management initiative." 11. DTS-07 -126 - DEMOLITION CONTROL APPLICATION DC 07!05/F/SR - 194 FIFTH AVENUE The Committee considered Development and Technical Services Department report DTS-07-126, dated August 1, 2007, regarding the Demolition Control Application for 194 Fifth Avenue. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 13 2007 -75 - CITY OF KITCHENER Councillor Gazzola directed that in future, staff circulate notice of demolition control applications to neighbouring residents. 11. DTS-07 -126 - DEMOLITION CONTROL APPLICATION DC 07!05/F/SR - 194 FIFTH AVENUE CCONT'Dl On motion by Councillor J. Gazzola - it was resolved: "That Demolition Control Application DC 07/05/F/SR requesting permission to demolish a single family dwelling located at 194 Fifth Ave, owned by William O'Neill, legally described as Plan 706 pt Lot 4 RP 58R-15797 pt 2, be approved in principle, subject to the following condition: That the owner obtains a building permit for the proposed semi-detached dwelling; and further, That upon satisfaction of the above condition the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act, and the demolition permit will be subject to the following condition: That in the event that construction of the semi-detached dwelling is not substantially complete within 2-years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential property in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued." 12. DTS-07-132 - PEDESTRIAN CONNECTION BETWEEN HOMER WATSON BOULEVARD TO ALPINE ROAD The Committee considered Development and Technical Services Department report DTS-07-132, dated August 7, 2007, regarding installation of a pedestrian walkway from Homer Watson Boulevard to Alpine Road, in conjunction with the Region of Waterloo. Councillor Gazzola commented that this pedestrian walkway benefits the Region of Waterloo, through Grand River Transit and Family and Children's Services, much more than the City of Kitchener, and directed staff to discuss with the Region the possibility of them paying a larger percentage of the cost. On motion by Councillor G. Lorentz - it was resolved: "That a pedestrian walkway from Homer Watson Boulevard to Alpine Road be installed, in conjunction with the Region of Waterloo; and, That Legal Services prepare easement agreements for municipal addresses 10, 20 and 30 Alpine Court; and further, That Engineering Services Staff include such work under the existing T08-001 Curb and Sidewalk Construction Contract for 2008." 13. DTS-07 -126 - DEMOLITION CONTROL APPLICATION DC 07!05/F/SR - 194 FIFTH AVENUE The Committee considered Development and Technical Services Department report DTS-07-134, dated August 8, 2007, regarding the City's 2007 Work Program for the Strategic Plan for the Environment. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 13 2007 -76 - CITY OF KITCHENER Ms. B. Steiner was in attendance to present the report, and highlighted some aspects of the work program. She noted that Kitchener residents have an interest in the physical and biophysical aspects of the environment and human health, including such matters as our response to cosmetic use of pesticides. Air quality is of utmost importance to citizens and is 13. DTS-07 -126 - DEMOLITION CONTROL APPLICATION DC 07!05/F/SR - 194 FIFTH AVENUE CCONT'Dl included in the work plan. She stated that the environment is a local issue and is in need of local action. In order to adequately address the work plan, Ms. Steiner advised that the Environmental Study Group, which is a staff team, will be reinstituted as a permanent body. There will also be a public consultation process during this fall when, every 3 weeks, there will be theme based workshops. Following this public consultation, in February 2008, staff will present a further report to this Committee. Mayor Zehr noted this is a long term document and he expressed his concern that it will have an affect on the budget. He also expressed a concern that this process may affect the timing of other projects such as the leaf program. Ms. Steiner responded that this strategic plan does not drive other existing programs. It will not take over those other plans, and it will not delay criteria for other projects. Councillor Gazzola questioned how many responses were received to the survey. Ms. Steiner agreed to provide Councillor Gazzola with the exact rate; noting that 2000 surveys were distributed and the response rate is quite high. On motion by Councillor B. Vrbanovic- it was resolved: "That the Work Program to update the Kitchener's Strategic Plan for the Environment outlined in Development & Technical Services Department report DTS-07-134, be approved." 14. DTS-07-102 - PROPOSED CLOSURE OF PORTION OF PUBLIC LANE AT REAR OF 21 MAYNARD AVENUE The Committee considered Development and Technical Services Department report DTS-07-102, dated August 8, 2007, regarding the closure of part of a public lane at the rear of 21 Maynard Avenue. On motion by Councillor J. Smola - it was resolved: "That closure of a portion of the public lane to the rear of 21 Maynard Avenue in Kitchener, comprising of approximately 129.83 square feet, described as Part of Lane abutting Lot 178, Registered Plan 374 and shown as Part 3 on the draft reference plan prepared by ACI Survey Consultants and dated July 4, 2006, be approved in principle, and Legal Services proceed with the preparation and advertising of a by-law to close that part of the lane, subject to the following conditions: That a portion of the public lane, described as Part of Lane abutting Lot 178, Registered Plan 374 and shown as Part 3 on the draft reference plan dated July 4, 2006 and prepared by ACI Survey Consultants, in the City of Kitchener be declared surplus to the City's needs for the purpose of conveying an easement to Bell Canada upon the closure of this part of the lane; 2. That the purchaser, being the registered owner of the property municipally known as 21 Maynard Avenue in Kitchener, enter into an Agreement of Purchase and Sale with the City of Kitchener, satisfactory to the City Solicitor, to purchase part of the unnamed lane, described as Part of Lane abutting Lot 178, Registered Plan 374 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 13 2007 -77 - CITY OF KITCHENER and shown as Part 3 on the draft reference plan dated July 4, 2006 and prepared by ACI Survey Consultants, in the City of Kitchener, subject to an easement in favour of Bell Canada and a restrictive covenant to restrict use only for the purpose of one off-street parking space for the property municipally known as 21 Maynard Avenue which shall at all times be clearly demarcated by painted 14. DTS-07-102 - PROPOSED CLOSURE OF PORTION OF PUBLIC LANE AT REAR OF 21 MAYNARD AVENUE CCONT'Dl lines by the owner, for $2.75 per square foot plus all costs associated with the closure; 3. That a reference plan to describe the above land be prepared and deposited on title in advance of the preparation of the lane closure by-law. 4. That the purchaser be responsible for all of the costs related to the closure of part of the public lane, including survey, advertising, by-law registration fee, Registry Office fees and disbursements, and Legal Services administration fee. 5. That the Mayor and Clerk be authorized to execute all documentation, satisfactory to the City Solicitor, to convey an easement to Bell Canada over this part of the public lane and, to convey this part of the public lane subject to that easement to the registered owner of the property known municipally as 21 Maynard Avenue. 15. DTS-07-114 - ZONE CHANGE APPLICATION ZC 07!08/B/LT - 61 & 63 BECKER STREET - HENRY WALSER FUNERAL HOME The Committee considered Development and Technical Services Department report DTS-07 -114, dated July 6, 2007, regarding Zone Change Application ZC 07/08/B/L T for the property known municipally as 61 & 63 Becker Street. Councillor Gazzola noted there is currently a lot of green area on this property. Ms. Ross advised that the proposed development of a parking lot will be subject to site plan review, which will include consideration of appropriate landscaping. On motion by Councillor G. Lorentz - it was resolved: "That Zone Change Application ZC07/08/B/L T (61 & 63 Becker Street - Henry Walser Funeral Home) for the purpose of changing the zoning from Residential Six Zone (R-6) to Residential Six Zone (R-6) with special use provision, 362U, to permit a parking lot for the Walser Funeral Home on the lands legally described as Part of Lots 27, 28, 29 and 30, Registered Plan 42, Part 1, Reference Plan 58R-15854 in the City of Kitchener, be approved in a form shown in the "Proposed By-law" dated June 22, 2007 attached to Development & Technical Services Department report DTS-07-114, without conditions." 16. DTS-07-097 - ZONE CHANGE APPLICATION ZC 07!05/DT/JB - 58 DANIEL AVENUE MILAN AND LARA KOVACEVIC The Committee considered Development and Technical Services Department report DTS-07-097, dated July 27, 2007, regarding a zone change application for the property municipally known as 58 Daniel Avenue. Mr. Artl was in attendance in opposition to this zone change application, stating that he wants the property to be developed with a bungalow having the same set backs as the existing houses on Daniel Avenue. He stated that when the current residents purchased their homes, they were aware of the zoning regulations. When Habitat for Humanity built their houses on Daniel Avenue, the number of houses they were going to build was reduced. He stated that the R-4 lots will be the smallest lots on the street. Mr. Artl stated that the neighbours never received the original zone change notice. When notice of this zone change was received in April, they had 21 days to respond; however, they only received 12 days notice of this meeting, and with some people being DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 13 2007 -78 - CITY OF KITCHENER on vacation, 12 days is not sufficient notice. He stated that he understands why the owner wants to construct 4 houses, but because of the lack of proper notice, he thinks the zoning should remain as R-3, low density homes. 16. DTS-07-097 - ZONE CHANGE APPLICATION ZC 07!05/DT/JB - 58 DANIEL AVENUE MILAN AND LARA KOVACEVIC CCONT'Dl In response to questions from the Committee, Ms. Ross advised that the property owner is intending to sever this property into building lots in the future; as, due to the transportation study, the Region will not support a severance at this time. She noted that the smaller lot widths will comply with the province's Places to Grow strategy. It was determined from the staff report that the R-4 zoning category would permit 9m lot widths; whereas, the R-3 zoning category requires a 13-14m lot width. Mr. Kovacevic, the applicant, advised the Committee that Bridgeport has many properties with 30' frontages, so his proposal is not out of character. He stated that originally the neighbours didn't want a development of semi-detached dwellings or duplexes, and he has agreed to their request. He also noted that any homes he would build would have garages. Councillor Smola state that he wants more time to discuss this zone change with staff and moved that consideration of this application be deferred. Following discussion with Mr. Kovacevic as to an appropriate date for this application to be considered by this Committee, the following motion was adopted: On motion by Councillor J. Smola - it was resolved: "That consideration of Zone Change Application ZC07/05/D/JB (58 Daniel Ave, M&L Kovacevic) be deferred and referred to the Development and Technical Services Committee meetinq of October 15 2007, to allow the Ward Councillor an opportunity to discuss this proposal with staff." 17. DTS-07-123 - MUNICIPAL PLAN AMENDMENT APPLICATION MP!07!03/C/KA - ZONE CHANGE APPLICATION ZC!07!09/C/KA - 39 & 51 CHURCH STREET - ST. MATTHEW'S LUTHERAN CHURCH The Committee considered Development and Technical Services Department report DTS-07-123, dated July 16, 2007, regarding a Municipal Plan Amendment and Zone Change for the property municipally known as 39 & 51 Church Street. Councillor C. Weylie, Chair, read the following statement: "This is a Public Meeting under 'The Planning Act, 1996' to consider Municipal Plan Amendment Application MP 06/03/F/DR. 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 August 27, 2007. If City Council adopts the DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 13 2007 -79 - CITY OF KITCHENER 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. " 17. DTS-07-123 - MUNICIPAL PLAN AMENDMENT APPLICATION MP!07!03/C/KA - ZONE CHANGE APPLICATION ZC!07!09/C/KA - 39 & 51 CHURCH STREET - ST. MATTHEW'S LUTHERAN CHURCH Mr. J. Willmer explained the nature of these applications, noting they are consistent with the zoning by-law adopted by Council for the Cedar Hill area. He also advised that the executive of the Cedar Hill Neighbourhood Association has been involved in this current planning process and are supportive of the staff recommendation. Mr. T. Schaner was in attendance on behalf of St. Matthew's Lutheran Church, in support of the staff report. On motion by Councillor J. Smola - it was resolved: "That Municipal Plan Amendment Application MP07/03/C/KA requesting a change in designation from High Density Multiple Residential to High Density Commercial Residential on lands owned by St. Matthew's Lutheran Church, municipally known as 39 and 51 Church Street, and legally described as Part Lot 19, Plan 393 and pt Lt 41, Plan 394, in the City of Kitchener, be adopted, in the form shown in the 'Proposed Municipal Plan Amendment' attached to Development & Technical Services Department report DTS-07- 123, and accordingly forwarded to the Region of Waterloo; and further, That Zone Change Application ZC07/09/C/KA (St. Matthew's Lutheran Church) requesting a change in zoning from Commercial Residential Three Zone (CR-3) with Special Regulation 136R, Cedar Hill Two Zone (CH-2) with Special Regulation 428R, Residential Nine Zone (R-9) with Special Regulation 136R and Cedar Hill One Zone (CH-1) to Cedar Hill Four Zone (CH-4) and Cedar Hill Four Zone (CH-4) with Special Use Provision 364U; on lands owned by St. Matthew's Lutheran Church, municipally known as 39 & 51 Church St, and legally described as Part Lot 19, Plan 393 and pt Lt 41, Plan 394, in the City of Kitchener, be approved, in the form of the Proposed By-law, dated July 6, 2007, attached to Development & Technical Services Department report DTS-07-123." 18. DTS-07-117 - MODIFICATION TO DRAFT PLAN OF SUBDIVISION 30T-03201 FAIRWAY ROAD/MORRISON ROADIWATERBEND CRESCENT - VALLEY VIEW HEIGHTS CST. JACOBS) LTD. The Committee considered Development and Technical Services Department report DTS-07-117, dated August 3, 2007, regarding Modification to Draft Plan of Subdivision 30T-03201 for the property located at Fairway Road, Morrison Road and Waterbend Crescent. Councillor Vrbanovic advised that he met with a group of residents during the week-end, noting the neighbourhood petition that had been submitted. He noted that the proposed modification, being a future road connection with Waterbend Crescent, had been initiated by staff to allow connectivity with the abutting plan of subdivision. He advised that the neighbours are concerned because this proposed road extension is not consistent with the information they had been provided. Councillor Vrbanovic then advised that today, he spoke with the developer and staff, and the developer is willing to consider an alternative such as a walkway. Ms. Ross advised that the intended modification involves adding land to this subdivision from the abutting subdivision. This modification had been envisioned in about 2005 to allow the extension DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 13 2007 - 80- CITY OF KITCHENER of the road, for connectivity. She stated that staff is willing to talk to the developer and the residents about a walkway rather than a road, which will allow cyclists and pedestrians a way to access the park in the adjacent plan of subdivision. Councillor Vrbanovic put forward a motion to defer consideration of this matter to the Council meeting of August 27, 2007. 18. DTS-07-117 - MODIFICATION TO DRAFT PLAN OF SUBDIVISION 30T-03201 FAIRWAY ROAD/MORRISON ROADIWATERBEND CRESCENT - VALLEY VIEW HEIGHTS CST. JACOBS) LTD. CCONT'Dl On motion by Councillor B. Vrbanovic- it was resolved: "That consideration of the following recommendation with respect to Major Modification to Draft Plan of Subdivision 30T-03201 - Valley View Heights (St. Jacobs) Ltd. - Fairway Road/Morrison RoadlWaterbend Crescent, as outlined in Development & Technical Services Department report DTS-07-117, be deferred and referred to the Council meeting of August 27, 2007, to allow the Ward Councillor an opportunity to discuss this proposal with the applicant, staff and the neighbours: 'That the request of Valley View Heights (St. Jacobs) Limited to modify Subdivision Draft Plan 30T -03201 to add a 0.2 hectare parcel of land, legally described as Block 71, 58M-387, to the plan boundary, be approved, in the form shown on the Plan of Subdivision, dated revised June 29, 2007, attached to Development & Technical Services Department report DTS-07 -117; and further, That pursuant to Section 51(44) of the Planning Act, RS.O. 1990, and By-law No. 2002-164, as amended, of the City of Kitchener, Council hereby modifies the conditions of draft approval for Plan of Subdivision 30T-03201 for Valley View Heights (St. Jacobs) Limited in the City of Kitchener, to revise the plan and text, so that the conditions of draft approval are those outlined in Development & Technical Services Department report DTS-07 -117.'" 19. NEW BUSINESS - UNSIGHTLY APPEARANCE OF DERELICT BUILDINGS Councillor Weylie raised the issue of derelict buildings in the City for which staff are not willing to issue demolition permits unless the property owners have approved site plans for redevelopment. She noted these buildings, including one beside Courtland Avenue Public School and some at the corner of Weber Street and Eby Street, are unsightly. Councillor Vrbanovic noted the former gas station site at the corner of Ottawa Street and Weber Street which is not being kept to a decent standard. Mr. Browning was directed to bring a report to this Committee at its next meeting as to an appropriate way to deal with these properties. 20. ADJOURNMENT On motion, the meeting adjourned at 8:07 p.m. D. Gilchrist Committee Administrator