HomeMy WebLinkAboutDev & Tech Svcs - 2008-05-26DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
MAY 26, 200$ CITY OF KITCHENER
The Development and Technical Services Committee met this date, commencing at 6:15 p.m.
Present: Councillor C. Weylie -Chair
Mayor C. Zehr and Councillors J. Gazzola, J. Smola, K. Galloway, and G. Lorentz
Staff: P. Houston, General Manager, Community Services
G. Murphy, Director of Engineering
J. Willmer, Director of Planning
T. Beckett, Fire Chief
M. Selling, Director of Building
L. MacDonald, City Solicitor
A. Pinard, Manager of Long Range and Policy Planning
T. Malone-Wright, Senior Planner
K. Anderl, Planner
D. Gilchrist, Committee Administrator
DTS-0$-070 - DEMOLITION CONTROL APPLICATION DC 0$l04IUSR - 76 LIMERICK
DRIVE
The Committee considered Development and Technical Services Department report DTS-08-
070, dated May 9, 2008, recommending conditional approval of Demolition Control Application
DC 08/04/L/SR for the property municipally known as 76 Limerick Drive. Mr. & Mrs. Csehi were
in attendance in support of this application and the staff recommendation.
On motion by Councillor J. Gazzola -
it was resolved:
"That Demolition Control Application DC 08/04/L/SR requesting permission to demolish a
single family dwelling located at 76 Limerick Drive, owned by Jim and Sarah Csehi, legally
described as Beasley's Broken Front Concession Part Lot 24 RP 58R-14050 PT 1, be
approved in principle, subject to the following condition:
a) That the owners obtain a building permit for the proposed single family dwelling.
That upon satisfaction of Condition 1, the Chief Building Official may authorize and issue
a demolition permit under Section 33(6) of the Planning Act. The demolition permit will be
subject to the following condition:
`That in the event that construction of the single family 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, $20,000 for each dwelling unit contained in the residential property in
respect of which the demolition permit is issued and such sum shall, until the
payment thereof, be a lien or charge upon the land in respect of which the permit
to demolish the residential property is issued."'
DTS-0$-091 - ANNUAL AUDIT REPORT 2007 -MASTER STORMWATER MANAGEMENT
POLICY
The Committee considered Development and Technical Services Department report DTS-08-
091, dated May 16, 2008, presenting the recommendations from the 2007 Annual Audit report
prepared by Totten Sims and Hubicki. Mr. Murphy presented the staff report.
On motion by Mayor C. Zehr -
it was resolved:
"That the recommendations outlined in the Executive Summary for the 2007 Annual Audit
Report, prepared by Totten Sims and Hubicki, be endorsed."
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
MAY 26, 200$ - 40 - CITY OF KITCHENER
3. DTS-0$-061 - LANG TANNERY DESIGN AND DEVELOPMENT VISION - 36 FRANCIS
STREET NORTH
The Committee considered Development and Technical Services Department report DTS-08-
061,dated May 13, 2008, respecting the redevelopment of the former Lang Tannery which has
recently been purchased by Francis Street Inc. The proposed reuse of this building is intended
to include office, retail, restaurant uses.
Ms. K. Anderl introduced Ms. L. Sherman, cadan inc. who was in attendance to present the
design vision for redevelopment of the Lang Tannery. She advised that staff have worked
extensively with the owners, who propose a vey high quality development; which is in keeping
with the Downtown Strategic Plan and Design Guidelines. To date, in terms of process, they
have received site plan approval in principle, approval from Heritage Kitchener, and approval of
a Minor Variance from the Committee of Adjustment. Ms. Anderl recommended acceptance of
the Design Development Vision by this Committee.
Ms. L. Sherman, cadan inc. was in attendance to present the proposal. She introduced the
development team for the project: Developer -cadan inc., Architect - rawdesign inc., Heritage -
ERA architects inc., Engineers -The Walterfedy Partnership and Landscape -The Planning
Partnership. Ms. Sherman advised that Mr. R. Rom Colthoff, the project architect, is also in
attendance to answer questions form the Committee. She stated that it has been a pleasure to
work so closely with City staff on this project.
Ms. Sherman advised that they are creating a convergence centre which will be a key
component in revitalizing Kitchener's downtown. She stated that it is their intension to open up
the Lang Tannery site, which is central to the Warehouse District. They will open up the site to
create circulation to public and private spaces. She displayed a view of the opened site, which
includes removal of some 1 storey structures at the corner of Charles and Victoria Streets. This
will allow room for parking as well as exposing the fagade of the building. They will retain
portions of the demolished buildings to delineate the parking area. They intend to open-up and
retrofit the front fagade and turn it into a public cafe on a raised walkway. She noted that the
space in the middle of the site is quite spectacular and it is intended to be used as a restaurant.
Ms. Sherman advised that they want to be sensitive to the heritage structure, but at the same
time, apply new elements. She noted that there will also be streetscape improvements. During
her presentation, Ms. Sherman advised that the existing artisans and industrial uses have been
moved into one building, and that work is underway to upgrade this building, which upgrades will
be completed by December 2008. With respect to the new office and retail space, demolition
will be completed by August 2008, the leasing office will open in September 2008, and the new
space will be ready for occupancy by 2009.
In response to questions from the Committee, Ms. Sherman confirmed that the redevelopment
of this site will cost $30M and there will be 350,000 sq. ft. of space after the demolition. She
stated that the demolition will start in July 2008, and acknowledged that some of the timelines
are leasing dependent.
Ms. Sherman then confirmed that they own the site on the other side of Joseph Street and they
will eventually develop it, but the timing for that development has not been established yet.
Ms. Sherman concluded by stating that they purchased the Lang Tannery site because of the
City's intension respecting the redevelopment of Kitchener's downtown. They have been made
to feel very welcome to this community, and they are confident that the market exists for this
development.
With respect to a question concerning contamination, Ms. Sherman advised that a Phase 2
Assessment has already been undertaken and they will soon begin the necessary clean-up.
On motion by Councillor J. Gazzola -
it was resolved:
"That the Tannery District Design and Development Vision be received as a guide for
future site development processes at 36 Francis Street North."
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
MAY 26, 200$ - 41 - CITY OF KITCHENER
4. DTS-0$-0$0 - AIR QUALITY IN KITCHENER -FIVE BEST BETS FOR 200$ -
ENVIRONMENTAL COMMITTEE RECOMMENDATIONS
The Committee considered Corporate Services Department report CRPS-08-080, dated May 15,
2008, presenting the recommendation of the Environmental Committee reging those initiatives
the Committee wants the City to pursue in 2008, respecting air quality improvements in the City
of Kitchener.
On motion by Councillor J. Smola-
it was resolved:
"That the following be approved as the Five Best Bets for 2008, in accordance with the Air
Quality in Kitchener (2006) Report
Best Bet #1 -Continue to support and implement energy efficiency initiatives;
Best Bet #2 - Reduce reliance on automobiles and enhance non-vehicular accessibility;
Best Bet #3- Develop, promote and implement best management practices for non-
manufacturing businesses;
Best Bet #4- Mobilize public opinion; and,
Best Bet #5- Establish a greenhouse gas emission reduction target and track
implementation progress; and further,
That staff, through the Environmental Study Group, investigate the feasibility and, if
appropriate, pursue the implementation of the Air Quality in Kitchener Five Best Bets for
2008 and associated sub-action items, as outlined in Corporate Services Department
report CRPS-08-080."
This meeting recessed at 6:40 p.m. and reconvened at 7:05 p.m. with the following members present:
Mayor C. Zehr and Councillors J. Gazzola, G. Lorentz, K. Galloway, C. Weylie and J. Smola.
5. DTS-0$-059 -OFFICIAL PLAN AMENDMENT APPLICATION OP 0$l01IDIKA AND ZONE
CHANGE APPLICATION ZC 0$l01IDIKA- 2$6 DUKE STREET WEST
The Committee was in receipt of Development and Technical Services Department report DTS-
08-059, dated April 22, 2008, recommending approval of a zone change application and official
plan amendment for the property municipally known as 286 Duke Street West. Mr. T. Lednidou,
the current owner of this property, was in attendance in support of the staff recommendation for
these applications.
On motion by Councillor J. Smola -
it was resolved:
"That Official Plan Amendment Application OP08/01 /D/KA requesting a change in
designation from General Industrial to General Industrial with a Special Policy to permit
personal services and studio, on lands municipally known as 286 Duke Street West, and
legally described as Part Lot 221 Plan 376 & Part 1, RP58R-9291, in the City of
Kitchener, be adopted, in the form shown in the Official Plan Amendment attached to
Development and Technical Services Department report DTS-08-059, and accordingly
forwarded to the Region of Waterloo for approval; and further,
That Zone Change Application ZC08/01/D/KA requesting a change from General
Industrial Zone (M-2) to General Industrial Zone (M-2), with Special Regulation Provision
478R and Special Use Provision 3760 on the lands municipally known as 286 Duke
Street West, and legally described as Part Lot 221, Plan 376 & Part 1, RP58R-9291 in
the City of Kitchener, be approved, in the form shown in the Proposed By-law dated April
16, 2008, attached to Development and Technical Services Department report DTS-08-
059."
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
MAY 26, 200$ - 42 - CITY OF KITCHENER
6. DTS-0$-004 - ZONE CHANGE APPLICATION ZC 07I02IDIKA - 967 DOON VILLAGE
ROAD
The Committee considered Development and Technical Services Department report DTS-08-
004, dated April 28, 2008, recommending conditional approval of a Zone Change Application for
the property municipally known as 967 Doon Village Road. Mr. Sestan was in attendance in
support of the staff recommendation.
Ms. K. Anderl presented the staff report noting that this is a minor zone change for land which is
adjacent to Strasburg Creek. She noted that staff has included conditions dealing with invasive
species of trees and shrubs in the hazard land, which have been removed, to be replaced by the
property owner with native species of trees and shrubs. She advised that this property is to be
developed with a single family dwelling. Ms. Anderl put forward an amendment to condition b) i)
in the staff report to require, prior to three readings of the by-law, "that arrangements be made
for the planting of 80 native shrubs and 6 native trees, to the satisfaction of the Director of
Planning". During construction staff do not want to have the new trees damaged, which is why
only the arrangements are to be made prior to three readings of the by-law. She advised that it
is expected that these conditions will be accomplished prior to the June 9th Council meeting.
It was noted that Regional Councillor J. Haalboom has some concerns about the tree removal,
and Mr. Willmer advised that the recommended conditions are staff's intention to require
environmental improvement. The owner has acted responsibly, and is in agreement with the
staff recommendation. The applicant has advised that he will follow what staff has outlined in
the staff report.
On motion by Councillor J. Gazzola -
it was resolved:
"That Zone Change Application ZC07/02/D/KA requesting a change from Agricultural
Zone (A-1) to Residential Three Zone (R-3) with Special Regulation Provision 474R,
Hazard Land Zone (P-3) and Property Detail Schedule 28 on the lands owned by Sestan
Electric Construction Ltd., municipally known as 967 Doon Village Road, and legally
described as PT of LT 2 Biehn's Tract; RP 58R-15561 PT 2, in the City of Kitchener, be
approved, in the form shown in the "Proposed By-law", dated April 4, 2008, attached to
Development and Technical Services Department report DTS-08-004, subject to the
following condition:
1) That the zoning by-law not receive three readings until:
a) the owner has removed the invasive species as indicated in the letter from
Thompson Environmental, dated February 27, 2008, and further detailed on
the Tree Skefch Prepared for Building Permif Applicafion, dated February
26, 2008, attached thereto, to the satisfaction of the Director of Planning;
b) that upon completion of the removal of the invasive species from the
specified area:
i. that arrangements be made for planting of 80 native shrubs and 6
native trees, to the satisfaction of the Director of Planning; and,
ii. protective fencing is to be installed along the tree protection fencing
line limit, as noted on Detail 1 of the Tree Skefch Prepared for
Building Permif Applicafion, dated February 26, 2008, and
notification of the tree protection fencing shall be forwarded to the
Director of Planning for review and approval; and further,
iii. that the owner provides the City of Kitchener with an undertaking to
maintain the protective fencing until final grading and sodding of the
site has been completed."
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
MAY 26, 200$ - 43 - CITY OF KITCHENER
7. DTS-0$-090 - TRIPLEX STUDY -INTERIM CONTROL BY-LAW 2007-130
The Committee considered Development and Technical Services Department report DTS-08-
090, dated May 16, 2008, presenting the Triplex Study undertaken by staff in response to the
passing of Interim Control By-law 2007-130, presenting recommendations as to how to proceed,
and proposing a City initiated Official Plan Amendment and Zone Change application to
implement the recommendations contained in the Triplex Study.
Mr. Willmer advised that the report before the Committee this date was not available to the
public until late last week because staff needed time to incorporate submissions made by
citizens at the public meeting that took place on April 23, 2008. He stated that if members of the
public need more time to consider the staff report, consideration could be deferred until the
Council meeting of June 9, 2008. It was generally agreed by the Committee members to
proceed at this time.
Ms. Malone-Wright reviewed the report noting that 74 people attended the public meeting held
April 23rd, and advised that they do not want triplexes in their planning communities. She
advised that there are 3 options presented in this report. Option #1 would be to prohibit
triplexes, and can not be supported as it does not comply with provincial policy statements. The
second option is to downzone all R-5 properties that don't comply with the regulations for
triplexes, but based on planning principles, staff can not support this option.
Ms. Malone-Wright advised that the staff recommended Official Plan Amendment and zone
change are based on planning principles. They address concerns regarding parking and
neighbourhood character, and provide Official Plan policies where none currently eixst, and are
more restrictive than what exists now.
Mrs. H. Lippert was in attendance and read the following statement:
"After nearly three years, we are pleased that the Triplex Study is being submitted to the
Development and Technical Services Committee for consideration.
We would like to thank the Planning Department for the large effort required to put the original
Interim Control By-law in effect in 2006 when it was apparent the first Triplex Study could not be
completed in a timely manner, and also thank Planning in its various reports, for the range of
options presented to this Committee.
We support the main recommendations presented in the report.
Our early interest in the Triplex Study came as development pressure increased in the
neighbourhoods adjacent to the then developing University of Waterloo downtown campus. This
pressure continues, and will undoubtedly increase, unless a clear and unequivocal message can
be sent to developers, speculators and real estate agents.
We think that that message is in the planning report.
We would direct attention to the tow `Other Options' on page 2 of the final report. We think that
the committee should recommend to Council item 2. Down-zoning of Under-Sized R-5
Properties. This option has all-along been the best solution and is a nuanced version of what we
requested in 2006.
As stated in the Study, it is recognized the task for Planning is, once again, substantial, and
could not be completed before the expiry of the Control By-law. In order that Planning be
afforded time to complete the task, we would ask that the Committee consider Option 1.
Prohibition of Triplexes, while the work is being done.
We have recommended in the past that it is necessary only to ban triplex conversions but this
suggestion does not resonant with Planning.
If the Prohibition Option is not adopted, we request that the Down-zoning Option proceed on a
priority basis, with Mount Hope-Huron Park and K-W Hospital hopefully completed before the
Control By-law expiry."
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
MAY 26, 200$ - 44 - CITY OF KITCHENER
7. DTS-0$-090 - TRIPLEX STUDY-INTERIM CONTROL BY-LAW 2007-130, CONT'D
CouncillorSmola suggested the down zoning option for Mount Hope-Huron Park and K-W
Hospital Planning Communities, as their residents attended most of the public meetings and had
most of the complaints. He suggested that this down zoning could be accomplished by the end
of October. He noted that there have not been a lot of triplex conversions in these areas over
the last 4 years.
Ms. Lippert responded that the interim control by-law will expire before October. She stated that
she would accept Councillor Smola's suggestion if that is the best that can be done; however,
there have been a lot of illegal conversions and developers will use this window of opportunity.
Mr. Willmer referred to the chart on page 23 of the report, noting that this information comes
from the Municipal Property Assessment Corporation (MPAC) and may not be 100% accurate.
These planning communities have the largest number of properties to be examined, and it will
be labour intensive to look at property surveys for all of these properties, and we do not know
how many property surveys actually exist. Staff will aim to have a report prepared for the
Development and Technical Services Committee meeting scheduled for October 20, 2008, and
will notify this Committee in September if a delay is anticipated.
Councillor Smola stated that in the interim the City will have the regulations and policies being
considered at this meeting. Mr. Willmer acknowledged that the recommendation before the
Committee this date will put in place additional regulations and policies to deal with Committee of
Adjustment applications.
On motion by Councillor J. Smola -
it was resolved:
"That the Triplex Study Report, dated May 9, 2008, prepared by City of Kitchener
Planning Staff in response to the passing of Interim Control By-law 2007-130 be received
for information; and,
That City Initiated Official Plan Amendment MP07/12/COK/TMW, which implements the
recommendations of the Triplex Study Report, dated May 9, 2008, be adopted in the form
shown in the Official Plan Amendment attached to Development and Technical Services
Department report DTS-08-090, and accordingly forwarded to the Region of Waterloo for
approval; and,
That City Initiated Zone Change ZC07/18/COK/TMW, which implements the
recommendations of the Triplex Study Report, dated May 9, 2008, be approved in the
form shown in the "Proposed By-law", dated May 9, 2008, attached to Development and
Technical Services Department report DTS-08-090; and further,
That staff prepare a zoning by-law amendment to downzone all properties in the Mount
Hope-Huron Park and K-W Hospital Planning Communities that are currently zone R-5
but do not meet the lot width and lot area requirements for triplex use, to be presented at
the Development and Technical Services Committee meeting of October 20, 2008."
$. ADJOURNMENT
On motion, the meeting adjourned at 7:35 p.m.
D. Gilchrist
Committee Administrator