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HomeMy WebLinkAboutDev & Tech Svcs - 2008-10-20DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 20, 200$ CITY OF KITCHENER The Development and Technical Services Committee met this date, commencing at 7:00 p.m. Present: Councillor J. Gazzola -Chair Mayor C. Zehr and Councillors K. Galloway, J. Smola. Councillor C. Weylie was in attendance for part of the meeting. Staff: J. Willmer, Interim General Manager, Development and Technical Services A.Pinard, Interim Director of Planning G. Murphy, Director of Engineering T. Beckett, Fire Chief M. Selling, Director of Building S. Turner, Director, By-law Enforcement F. McCrea, Assistant City Solicitor T. Malone-Wright, Senior Planner K. Carmichael, Supervisor of Traffic and Parking D. Gilchrist, Committee Administrator DTS-0$-164 - DEMOLITION CONTROL APPLICATION DC 0$111 IPIKA - 163 PLAINS ROAD -BECKER ESTATES INC. The Committee considered Development and Technical Services Department report DTS-08- 164, dated October 9, 2008, recommending approval of a Demolition Control Application for 163 Plains Road, with conditions. Mr. B. Schlegel was in attendance on behalf of the applicant, in support of the staff recommendation. On motion by Councillor K. Galloway - it was resolved: "That Demolition Control Application DC08/11/P/KA requesting permission to demolish one single detached dwelling located at 163 Plains Road, owned by Becker Estates Inc., legally described as German Company Tract, Pt Lots 159 and 160, be approved, subject to the following conditions: a) That prior to the application being approved by Council, the owner complete and submit proper photographic documentation of the house to the satisfaction of the City's Coordinator of Cultural Heritage Planning, and b) That prior to the application being approved by Council, the owner submit a Letter of Undertaking, to the satisfaction of the City Solicitor, agreeing to confirm in writing that the main entrance doorway and side panels have been removed and donated to an appropriate heritage museum or if the items are not accepted by a heritage museum, an appropriate heritage reclamation organization, to the satisfaction of the City's Coordinator of Cultural Heritage Planning." DTS-0$-165 - DEMOLITION CONTROL APPLICATION DC 07$I12IHIKA - 7$0 HURON ROAD -BECKER ESTATES INC. The Committee considered Development and Technical Services Department report DTS-08- 165, dated October 9, 2008, recommending approval of a Demolition Control Application for 780 Huron Road, with conditions. Mr. B. Schlegel was in attendance on behalf of the applicant, in support of the staff recommendation. On motion by Councillor K. Galloway - it was resolved: "That Demolition Control Application DC08/12/H/KA requesting permission to demolish one single detached dwelling located at 780 Huron Road, owned by Becker Estates Inc., legally described as German Company Tract, Pt Lot s158 and 159, be approved, subject to the following conditions: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 20, 200$ - $9 - CITY OF KITCHENER 2. DTS-0$-165 - DEMOLITION CONTROL APPLICATION DC 07$I12IHIKA - 7$0 HURON ROAD - BECKER ESTATES INC., CONT'D a) That prior to the application being approved by Council, the owner complete and submit proper photographic documentation of the house to the satisfaction of the City's Coordinator of Cultural Heritage Planning; b) That prior to the application being approved by Council, the owner submit scale drawings of the house to the satisfaction of the City's Coordinator of Cultural Heritage Planning; and, c) That prior to the application being approved by Council, the owner submit a Letter of Undertaking, to the satisfaction of the City Solicitor and the City's Coordinator of Cultural Heritage Planning agreeing: i. that the owner's heritage consultant, Robert Anderson (or delegate) of Carson Woods Architects Limited shall be present on site during the demolition of the subject dwelling; ii. to demolish/disassemble the house with care and sensitivity, to enable the heritage consultant to assess the underlying log structure and determine whether it warrants retention; iii. that if the underlying log structure is deemed to warrant retention, further consideration will be given, in consultation with the City's Coordinator of Cultural Heritage Planning, to identify options that would achieve an appropriate level of conservation." 3. DTS-0$-167 - DEMOLITION CONTROL APPLICATION DCIO$I13IAP - 1201 FISCHER-HALLMAN ROAD -RBJ SCHIEGEL HOLDINGS LTD. The Committee considered Development and Technical Services Department report DTS-08- 067, dated October 9, 2008, recommending approval of a Demolition Control Application for 1201 Fischer-Hallman Road. Mr. B. Schlegel was in attendance on behalf of the applicant, in support of the staff recommendation. On motion by Councillor K. Galloway - it was resolved: "That Demolition Control Application DC08/13/F/AP requesting permission to demolish one single detached dwelling located at 1201 Fischer Hallman Road, owned by RBJ Schlegel Holdings Inc., legally described as Lot 3, Plan 1470, be approved without conditions. " 4. CRPS-0$-172 - ENVIRONMENTAL COMMITTEE RECOMMENDATION - COMMUNITY RENEWABLE ENERGY WATERLOO (CREW) - POWER SAVING NETWORK The Committee considered Corporate Services Department report CRPS-08-172, dated October 8, 2008, being an addendum to Corporate Service department report CRPS-08-152 concerning the Environmental Committee's recommendation respecting Community Renewable Energy Waterloo (CREW) Power Saving Network. The current report provides information as to what services are provided by CREW as compared to the services offered by REEP. Mr. G. Woolner, CREW, was in attendance on behalf of CREW and advised the Committee that he is on the CREW Board of Directors. He advised that CREW is an off-shoot of REEP and they were incorporated separately in 2006; however, what they do is complimentary to REEP, CREW undertakes detailed work that has to do with electrical consumption, such as testing electrical appliances to determine the amount of energy consumed. Then the home owner can adapt their usage. People can go to the CREW website and download the necessary information or have someone from CREW do a survey for then and there is no charge to have someone from CREW conduct the survey. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 20, 200$ - 90 - CITY OF KITCHENER 4. CRPS-0$-172 - ENVIRONMENTAL COMMITTEE RECOMMENDATION - COMMUNITY RENEWABLE ENERGY WATERLOO (CREW) - POWER SAVING NETWORK. CONT'D In response to questions from Councillor Gazzola, Mr. Woolner advised that CREW spoke to the power companies in each municipality and initially they were supportive but they are no longer interested in working with CREW. Locally, it would seem that the power companies are "still protecting their turf." REEP is working in partnership with the local power companies but we are not. In response to a further question from Councillor Gazzola, Mr. Woolner advised that people can link to the REEP website from the CREW website and vice versa, but CREW does not benefit from the bill inserts that REEP distributes through the power companies. Mayor Zehr noted that the power companies are spending hundreds of thousands of dollars on energy efficiency, and in the big picture they are trying to conserve. On motion by Mayor C. Zehr - it was resolved: "That Kitchener-Wilmot Hydro be encouraged to support Community Renewable Energy Waterloo (CREW) Power Saving Network as a means of promoting energy conservation." 5. DTS-0$-159 - ZONE CHANGE APPLICATION ZC 07-1$ICOKJTMW - REZONING OF CERTAIN R5 PROPERTIES IN MOUNT HOPE HURON PARK & K-W HOSPITAL PLANNING COMMUNITIES TO REMOVE TRIPLEX AS PERMITTED USE The Committee considered Development and Technical Services Department report DTS-08- 159, dated September 24, 2008, in which staff puts forward, as directed by Council, a zone change that would prohibit triplexes on those properties in the R-5 zone that do not have either a lot width of 15m of a lot area of 495 sq.m., in the Mount Hope -Huron Park and K-W Hospital Planning communities. Staff note in the report that if the by-law is adopted, anyone who wants to develop a triplex on an undersized R-5 zoned property in either of these planning communities will have to apply for a zone change. The report also notes that of the 1222 properties in these 2 planning communities, 1021 properties will be affected by this proposed by-law to prohibit triplexes. The Committee was in receipt of written submissions in opposition to this zone change application from the following: R. Lawson, P. Grespan, Dao Vuong & D. Dang, D & M Banda, D. & D Griffith, D & V Barbu and S. Catcher. Councillor C. Weylie entered the meeting at this time and assumed the Chair. Mr. Malone-Wright advised that the comments received for staff from property owners fall into the following four categories. 1. property owners who now hale legal triplexes which will become legal non-conforming; 2. property owners who have existing illegal triplexes; 3. property owners who bought properties with the intent to convert to a triplex but haven't done so yet, and will not be able to; 4. people with no concerns. Mr. G Barbu, owner of a triplex at 237 Guelph Street, addressed the Committee, advising that he was very disturbed about the letter he received from the City about the proposed rezoning. He stated that he bought this legal triplex last year, after looking for 2 years to buy a legal triplex. He advised that he paid full price for this property because the City advised that it is a legal triplex. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 20, 200$ - 91 - CITY OF KITCHENER 5. DTS-0$-159 - ZONE CHANGE APPLICATION ZC 07-1$ICOKJTMW - REZONING OF CERTAIN R5 PROPERTIES IN MOUNT HOPE HURON PARK & K-W HOSPITAL PLANNING COMMUNITIES TO REMOVE TRIPLEX AS PERMITTED USE. CONT'D He stated that the proposed rezoning is not acceptable because the value of his property will decrease, and it will take longer to sell if he ever needs to. He stated that he can not accept the rezoning and requested that his property remain a legal triplex. Councillor Gazzola questioned staff as to whether Mr. Barbu's triplex is legal or legal non- conforming. Mr Babtu stated that the original paper he has from the time of purchase says that it is a legal triplex and it passed fire inspections. Councillor Gazzola questioned what would happen if the building is destroyed by fire, and Ms. Malone-Wright advised that there is some case law to say that it can be rebuilt within a reasonable amount of time. Mr. Pinard advised that this triplex is legal, and if the by-law passes it will become legal non-conforming. Mr. and Ms. D. Griffith were in attendance respectively their triplex at 142 Wood Street which was built as a legal triplex. Ms. Griffith request that their property remain as a legal triplex. Mr. Griffith stated that they have undertaken a lot of improvements to the property and they don't want to have to spend money or time on the Committee of Adjustment process in order to keep making improvements to this property. Councillor Smola questioned whether an information meeting would be helpful. Ms. Griffith responded that it may be helpful; however as the zone change has not yet been decided, she requested that their triplex remain a legal triplex. Mr. D. Bandu was in attendance in the opposition to the zone change. He advised that he owns a triplex a 16 Blucher Street which is a legal non-conforming triplex. He advised that he bought this triplex as an investment and has been maintaining it above standard. He advised that in September he bought this property from his father who owned the property for 10 years, and it is 60 years old. He stated that the rezoning may impact the value and marketability of this property. He asked that the City exclude certain properties from the rezoning. Mr. A. Macallum was in attendance to offer his concerns about the proposed rezoning and advised that he owns alegal-non conforming triplex at 24 Richmond Avenue. He stated that with the zone change, the property he owns will be a legal non-conforming property and it can continue as such. If the use changes it can not be returned to a triplex use, he requested that the City have more discussions with the property owners before the zone change is finally considered. Mr. G. Awad Lobe was in attendance in opposition to this zone change. He advised that he owns 2 triplexes, one at 176 Waterloo Street and one at 36 Guelph Street. He advised that most of his questions have now been addressed. He questioned how the rezoning will affect his ability to make minor expansions to his triplexes, and was advised by Ms. Malone-Wright that he will have to get permission from the Committee of Adjustment. Mr. Lobe advised that be does not want this Committee to approve the zone change. Mr. K. Dupuis was in attendance in opposition to the zone change. He advised that he owns a triplex at 106 Edwin Street which is legal non-conforming and was built in 1958, and he purchased this property 5 years ago. He stated that he is self employed and doesn't have a pension, so this investment is part of his pension. He stated that he continually maintains this property above standard and he objects to the zone change. Mr. Dupuis spoke to the City's growth management strategy for intensification which aims to intensify population in the urban area, and if would seem that this rezoning is contrary to that strategy. Mr. Dupuis advised that his triplex was built as a triplex and is not a single family dwelling that was converted to be a triplex. The lot was 53.2' wide and 100' long and has an area of 491.5 sq.m. that is 3.5 sq.m. less that what will be required in this zoning. He advised that the rezoning will make his property less attractive to potential investors, as legal non-conforming triplexs are less desirable. He asked that the City either change the lot area requirement for legal triplexes to 490 sq.m. or not pass the rezoning at all. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 20, 200$ - 92 - CITY OF KITCHENER 5. DTS-0$-159 - ZONE CHANGE APPLICATION ZC 07-1$ICOKJTMW - REZONING OF CERTAIN R5 PROPERTIES IN MOUNT HOPE HURON PARK & K-W HOSPITAL PLANNING COMMUNITIES TO REMOVE TRIPLEX AS PERMITTED USE. CONT'D Councillor Smola stated that obviously Mr. Dupuis's triplex meets most of the proposed regulations and he explained the history behind this proposed rezoning. Mr. Dupuis stated that to take away what everybody thought they bought is frightening. Mr. D. Sommerfeld was in attendance to advise the Committee of his objection to this rezoning. He advised that he owns a vacant single family dwelling at 65 Waterloo Street that he bought with the intention of converting it to a triplex. He spoke of the particular feature of this property including lanes at the side and rear of the property which effectively provides an additional 15' of functional frontage. He noted that this rezoning would allow this property to be developed as a duplex, in which he could have 5-8 bedrooms. He stated that broad brushing triplexes is not effective. He recommended requiring site plan approval for small developments. In response to comments made by other delegates, Mr. Sommerfeld advised that through his experience as a real estate agent, he can attest to the fact that changing a legal triplex to a legal non-conforming triplex will affect its value. Mr. C. Grogan addressed the Committee advising that in May he purchased a legal dulex with a non-conforming 3rd unit. He advised that the building was constructed in the 1950's and the third unit has been rented since 1960. Staff advised that they would have to research the property in order to determine if the property is legal as triplex. If it is not the owner would have to have the property rezoned in order for the triplex to be legal. Mr. Grogan asked the Committee not to adopt the by-law. Mr. Stephens addressed the Committee in support of the rezoning. He advised that on his street a large new building was constructed that towers above the houses on the street and it is a triplex. He has a concern that a triplex will be built on a small underdeveloped lot on his street. He encouraged the Committee to continue the separation between single family dwellings and triplexes, and he wants to maintain the residential character in the King Edward Public School area. Mr. P. Duvall advised that he owns a property at 18 Wellington Street South and of the houses on his street only 2 of them are not rental. Most of these houses don't comply with these standards and there are problems with parking. However, with the universities and students, rental housing in this area is needed. Mr. Duvall advised that although his property is not used as a triplex at this time, he hopes to do so in the future. Ms. V. Spencer addressed the Committee advising that she owns a legal non-conforming triplex at 82 Shanley Street and questioned if she will be required to convert it to some other use if this by-law is passed. Ms. Malone-Wright advised that Ms. Spencer's tenants don't have to leave and she can continue to use this property as a triplex as long as the use does not cease. Mrs. H. Lippert addressed the Committee advising that she lives in a single family dwelling on Louisa Street and she is a member of Neighbourhood Mobilization Alliance. Their concern is about triplex conversion and people being stuffed in. She stated that a lot of the people here this evening are caring owners. Ms. Lipert addressed the fissure raised about intensification, noting that the City has previously advised that there is plenty of room on the main streets for intensification, and there is enough potential housing available for the necessary intensification. She stated that they are trying to protect their area. Ms. Lippert advised that she wons a lot which is big enough for a triplex, but has no intention of converting the property to a triplex. Councillor Smola stated that a number of delegations have legal triplexes, and he doesn't think that the neighbours' real concern were about existing triplexes. He questioned whether these DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 20, 200$ - 93 - CITY OF KITCHENER 5. DTS-0$-159 - ZONE CHANGE APPLICATION ZC 07-1$ICOKJTMW - REZONING OF CERTAIN R5 PROPERTIES IN MOUNT HOPE HURON PARK & K-W HOSPITAL PLANNING COMMUNITIES TO REMOVE TRIPLEX AS PERMITTED USE. CONT'D triplexes could be grandfathered as legal triplexes. Ms. Malone-Wright responded that they can be exempt from the by-law and they will remain legal. Mayor Zehr stated that the primary intent was to restrict more triplexes being establishes on undersized lots rather that to deal with existing triplexes. He questioned whether the existing triplexes and those properties acquired by a certain date remain legal, and questioned whether they can be identified in another way. Ms. McCrea advised that they could be identified by a different zoning category. She also advised that existing legal non-conforming triplexes will remain legal non-conforming and illegal triplexes will continue as such. On motion by Mayor C. Zehr - it was resolved: "That an in-camera meeting be held immediately to consider a matter of solicitor-client privilege" This meeting recessed at 8:34 pm and reconvened at 8:50 p.m. with the following members present: Mayor C. Zehr and Councillors C Weylie, J, Gazzola, J, Smola, and K. Galloway. Mayor Zehr put forward a motion to defer consideration of this rezoning until the Council meeting of December 8, 2008. Prior to that time staff is to meet with anyone who attended this meeting as a delegation or sent in a written submission, to discuss the potential for leaving their triplexes as legal. Mr. S. Rummel advised the Committee that he owns a legal non-conforming triplex at 109 Mount Hope Street, he advised that his tenants are older people, there is only 1 car but he has three parking spaces, the lot is a good size and the building is in good shape. He asked the Committee to leave things the way they are. Mr. J. Noel advised that he lives and owns rental properties on Waterloo Street. He stated that he bought these properties in this area because they comply with the by-law. On motion by Mayor C. Zehr - it was resolved: "That consideration of the following recommendation, contained in Development and Technical Services Department report DTS-08-159, be deferred to the Council meeting of December 8, 2008, to allow staff the opportunity to meet with all those who attended the Development and Technical Services Committee meeting of October 20, 2008 or sent a written submission, to determine the potential of exempting their properties from the proposed by-law: "That Council directed amendments to Zoning By-law 85-1, ZC07/18/COK/TMW, to add a special use provision to prohibit triplexes on properties in the Mount Hope-Huron Park and K-W Hospital Planning Communities which do not meet either the minimum lot area requirement or the minimum lot width requirement in the R-5 Zone, be presented for Council's consideration in the form shown in the attached "Proposed By-law" dated September 17, 2008, attached to Report DTS-08-159."' 6. DTS-0$-16$ - THREE t3) HOUR PARKING LIMIT- EXEMPTIONS The Committee considered Development and Technical Services Department report DTS-08- 168, dated October 20, 2008, asking for the Committee's direction with regard to undertaking a more comprehensive review of a process to address exemptions to the 3 hour parking limit. Mr. K. Carmichael advised that staff are not in favour of any exemptions but will undertake a review if the Committee so directs. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 20, 200$ - 94 - CITY OF KITCHENER 6. DTS-0$-16$ - THREE t3) HOUR PARKING LIMIT- EXEMPTIONS, CONT'D In response to a comment from Coucillor J. Gazzola, Mr. S. Turner agreed that public awareness is the biggest problem, as the public is not aware of the 3 hour limit. Staff has moved forward with a communications plan and is considering various ways to communicate this information to the public. Councillor K. Galloway, who had requested this information at the Committee's last meeting, thanked staff for the information and put forward a motion of no further action at this time. On motion by Councillor K. Galloway - it was resolved: "That no further action be taken at this time to address exemptions to the three (3) hour parking limit provision of the City of Kitchener Uniform Traffic By-law No 2007-138." 7. ADJOURNMENT On motion, the meeting adjourned at 9:03 p.m. D. Gilchrist Committee Administrator