HomeMy WebLinkAboutDev & Tech Svcs - 2010-04-12DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
APRIL 12, 2010 CITY OF KITCHENER
The Development and Technical Services Committee met this date, commencing at 6:30 p. m.
Present: Councillor C. Weylie -Chair
Councillors J. Gazzola, G. Lorentz and J. Smola.
Staff: C. Ladd, Chief Administrative Officer
J. Willmer, Interim General Manager, Development and Technical Services
T. Beckett, Fire Chief
G. Murphy, Director of Engineering
J. McBride, Director, Transportation Planning
A. Pinard, Interim Director of Planning
M. Selling, Director of Building
R. Regier, Executive Director, Economic Development
S. Ross, Assistant City Solicitor
D. Ross, Manager, Development Review
K. Anderl, Senior Planner
H. Holbrook, Planner
D. Gilchrist, Committee Administrator
DTS-10-061 - TRAFFIC CALMING FOLLOW UP REVIEW -CHANDLER DRIVE
The Committee considered Development and Technical Services Department report DTS-10-
061, dated March 15, 2010, recommending that the existing traffic calming measures on
Chandler Drive remain in place.
On motion by Councillor B. Vrbanovic -
itwas resolved:
"That the existing traffic calming measures on Chandler Drive between Strasburg Road
and Mowat Boulevard, consisting of two (2) speed humps, a raised crosswalk, and a
road narrowing, remain in place."
DTS-10-062 - TRAFFIC CONTROL -KING STREET WEST AT WATER STREET
AND QUEEN STREET
The Committee considered Development and Technical Services Department report DTS-10-
062, dated March 24, 2010, recommending changes in the times of day that left turns will be
prohibited at the intersections of King Street West and Water Street and King Street West at
Queen Street.
On motion by Councillor BVrbanovic -
itwas resolved:
"That the Uniform Traffic By-law be amended to prohibit
eastbound left turns from King Street West onto Water Street, Monday to Saturday from
6:00 a. m. to 11:00 p. m. ;
westbound left turns from King Street West onto Water Street, Monday to Saturday from
6:00 a. m. to 11:00 p. m.; and,
eastbound left turns from King Street West onto Queen Street from 6:00 a.m. to 11:00
p. m...
DTS-10-066 - LICENSING AGREEMENT -NEW PROVINCIAL COURTHOUSE
The Committee considered Development and Technical Services Department report DTS-10-
066, dated March 19, 2010, recommending that the Director of Engineering b authorized to
execute an agreement permitting the operation of cranes over City land in connection with the
construction of the Provincial Courthouse and future agreements permitting the installation or
operation of cranes on or over City land.
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DTS-10-066 - LICENSING AGREEMENT -NEW PROVINCIAL COURTHOUSE (CONT'D1
On motion by Councillor B. Vrbanovic -
itwas resolved:
"That the Director of Engineering be authorized to execute an agreement satisfactory to
the City Solicitor permitting the operation of crane(s) over City land in connection with
the construction of the Provincial Courthouse; and further,
That the Director of Engineering be authorized to execute future agreements
satisfactory to the City Solicitor permitting the installation or operation of crane(s) on or
over City land."
DTS-10-070 - ALL-WAY STOP TRAFFIC CONTROL
- PIONEER DRIVE AT GREEN VALLEY DRIVE
The Committee considered Development and Technical Services Department report DTS-10-
070, dated March 30, 2010, recommending the installation of an all-way stop at the
intersection of Pioneer Drive at Green Valley Drive.
On motion by Councillor B. Vrbanovic -
itwas resolved:
"That the Uniform Traffic By-law be amended to allow the installation of an all-way stop
at the intersection of Pioneer Drive at Green Valley Drive."
DTS-10-071 - PUBLIC WORKS WEEK -ADDITIONAL EVENT
"RIDE THE REGION" MOTORCYCLE RIDE
The Committee considered Development and Technical Services Department report DTS-10-
071, dated March 29, 2010, recommending the endorsement of the City of Kitchener for the
"Ride The Region" motorcycle ride as an additional event to Public Works Week.
On motion by Councillor B. Vrbanovic -
itwas resolved:
"That the information contained in Development & Technical Services Department
report DTS-10-071 be received for information purposes; and further,
That the 'Ride The Region' motorcycle ride be endorsed as an additional event to Public
Works Week."
DTS-10-068 - DEMOLITION CONTROL APPLICATION DC 10/01/H/ATP
- 1070 HIDDEN VALLEY DRIVE -DAVID DIRKSEN
The Committee considered Development and Technical Services Department report DTS-10-
068, dated March 30, 2010, recommending conditional approval of the demolition control
application for a single detached dwelling at 1070 Hidden Valley Drive.
On motion by Councillor B. Vrbanovic-
itwas resolved:
"That Demolition Control Application DC10/01/H/ATP requesting the demolition of a
single detached dwelling municipally addressed as 1070 Hidden Valley Road, owned by
David Dirksen, legally described as being Lot 3, Registrar's Compiled Plan No. 1519,
be approved subject to the following conditions:
1) That the owner obtains a building permit for the proposed residential unit; and,
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DTS-10-068 - DEMOLITION CONTROL APPLICATION DC 10/01/H/ATP
- 1070 HIDDEN VALLEY DRIVE -DAVID DIRKSEN (CONT'D)
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 subject to the following
condition:
In the event that construction of the new 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 properties 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-10-069 - DEMOLITION CONTROL APPLICATION DC 10/02/C/ATP
- 159 CHURCH STREET -MIKE FLYNN
The Committee considered Development and Technical Services Department report DTS-10-
069, dated March 30, 2010, recommending unconditional approval of a demolition control
application for one residential unit at 159 Church Street.
On motion by Councillor B. Vrbanovic -
itwas resolved:
"That Demolition Control Application DC10/02/C/ATP requesting the removal of one
residential unit in an existing multiple dwelling located at 159 Church Street., owned by
Mike Flynn, legally described as Part Lot 14, Plan 395, be approved without
conditions."
DTS-10-073 - NOISE EXEMPTION -KING STREET RECONSTRUCTION
YOUNG/COLLEGE STREETS TO FRANCIS STREET
The Committee considered Development and Technical Services Department report DTS-10-
073, dated March 31, 2010, recommending an exemption from the City's Noise By-law for
construction noise associated with the King Street Reconstruction Project.
On motion by Councillor B. Vrbanovic -
itwas resolved:
"That the City of Kitchener Engineering Services and its contractor(s) be exempt from
the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6
Construction Work during the King Street Reconstruction project in the City of
Kitchener, between the hours of 7:00 p. m. and 7:00 a. m. for the period April 5, 2010 to
November 1, 2010."
DTS-10-074 - CLOSURE OF A PORTION OF TILT DRIVE
- DECLARATION OF SURPLUS LAND FOR EASEMENT
The Committee considered Development and Technical Services Department report DTS-10-
074, dated April 1, 2010, recommending closure of a portion of Tilt Drive and declaration of this
closed portion as being surplus to the City's needs, to allow for an easement. Mr. J. McBride
presented this report.
On motion by Councillor B. Vrbanovic -
itwas resolved:
"That the closure of a portion of Tilt Drive, from Apple Ridge Drive to Robert Ferrie
Drive, be approved in principle, and Legal Services be instructed to obtain a reference
plan and proceed with the preparation and advertising of a by-law to close that part of
Tilt Drive, to permanently prohibit all motor vehicle traffic from using that part of the
public highway known as Tilt Drive, subject to the following condition:
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DTS-10-074 - CLOSURE OF A PORTION OF TILT DRIVE
- DECLARATION OF SURPLUS LAND FOR EASEMENT (CONT'D)
That the portion of Tilt Drive to be closed, described as Part Lot 5, Biehn's Tract, City of
Kitchener, to be further described on a Reference Plan to be prepared, be declared
surplus to the City's needs for the purpose of conveying any possible easements for the
affected agencies; and further,
That the Mayor and Clerk be authorized to execute all documentation, satisfactory to
the City Solicitor, to close that portion of Tilt Drive and convey any necessary
easements over the portion of road as required."
10. DTS-10-075 - AFFILIATED GROUP -BOX 690
FIRE DEPARTMENT CANTEEN ASSOCIATION
The Committee considered Development and Technical Services Department report DTS-10-
075, dated April 7, 2010 recommending that the Box 690 Fire Department Canteen
Association be approved as an affiliated organization with the City of Kitchener. Mr. T. Beckett
presented this report.
On motion by Councillor G. Lorentz -
itwas resolved:
"That Box 690 Fire Department Canteen Association be approved as an affiliated
organization with the Corporation of the City of Kitchener."
11. DTS-10-046 - CIVIC DISTRICT PARKING STRUCTURE AND CENTRAL LIBRARY
PROJECT UPDATE
The Committee considered Development and Technical Services Department report DTS-10-
046, dated March 10, 2010, providing an update on the Civic District Parking Structure and
Central Library Project. Mr. J. McBride and Ms. S. Lewis, CEO, Kitchener Public Library were
in attendance to provide the project update.
In response to questions from Councillor Gazzola, Mr. McBride explained that the library
addition will be built above the garage and there will also be space above the garage for an
urban square. Respecting the question of reducing costs for the garage, Mr. McBride advised
that there is nothing extra in this garage. Mr. McBride advised that the partners in this project
are: the city, the region, the library and the province. The province is contributing $7M through
the cash-in-lieu of parking program and the Region is paying 100% of the cost of 100 parking
spaces.
Councillor Smola questioned whether staff has spoken with the neighbours about through
traffic on Otto Street and Mr. McBride responded that is has been presented to the
neighbourhood association and there will be further consultation with them. He also advised
that the redesign of Otto Street will not take place until 2011.
Councillor Weylie questioned whether the City will need to make use of the Region's parking
garage for the Centre in the Square and Mr. McBride advised that it may be necessary, from
time to time, depending on what performances will be taking place at the Centre.
The Chair read aloud the following statement:
"This is a formal public meeting to consider applications under the Planning Act. If a person or public
body does not make oral or written submissions to the City of Kitchener before the proposed
applications are considered, the person or public body is not entitled to appeal the decision to the
Ontario Municipal Board and may not be added as a party to a hearing of an appeal before the
Ontario Municipal Board."
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12. DTS-10-053 - DRAFT PLAN OF CONDOMINIUM 30 CDM-09208
- 6 UPPER MERCER STREET - DEERFIELD HOMES LTD.
The Committee considered Development and Technical Services Department report DTS-10-
053, dated March 10, 2010, recommending approval of a common element plan of
condominium. Ultimately 37 freehold townhouse units will be tied to the common element
condominium to be created through this application. Ms. D. Ross presented this report.
On motion by Councillor G. Lorentz -
itwas resolved:
"That pursuant to Section 51(31) ofthe Planning Act R.S.O. 1990, c.P.13, as amended,
and By-law 2002-164 as amended, Condominium Application 30CDM-09208 for 6
Upper Mercer Street in the City of Kitchener, be granted draft approval, subject to the
conditions contained in Development and Technical Services Department report DTS-
10-053. "
13. DTS-10-037 - ZONE CHANGE APPLICATION ZC 09/14/M/KA
- OFFICIAL PLAN AMENDMENT OP 09/05/M/KA
- 15 MICHAEL STREET - UKRANIAN CATHOLIC
CORPORATION OF EASTERN CANADA
The Committee considered Development and Technical Services Department report DTS-10-
037, dated March 12, 2010, recommending approval of a zone change application and
adoption of an official plan amendment for the property municipally known as 15 Michael
Street, Kitchener. The purpose of these amendments is to allow a commercial parking lot on a
portion of the property. Ms. K. Anderl presented this report.
Ms. Anderl advised a portion of this lot is currently being used as a commercial parking lot and
the zone change will recognize the existing situation. Currently, 113 of the parking spaces on
site are underused. Through this zone change process neighbours expressed concern about
lighting of the parking lot and Ms. Anderl advised that through the site plan approval process,
staff will ensure that the lights do not face the neighbouring properties. Further, the lights will
be timed so that they are not on all night. With respect to concerns about storm water
management, Ms. Anderl advised the 2 existing catch basins will be cleared and cleaned once
the parking lot has been paved.
Mr. Labraun, representing the owner of 5 Michael Street, advised that staff have already
addressed several of his concerns; however, he is still concerned about the proposed
landscaping adjacent to the fence between 5 & 15 Michael Street, which could cause drainage
problems. He stated that a proper drainage plan must be prepared. Mr. Labraun advised that
they have had problems, in winter, with water backing up; and, the grade of the property has to
be addressed prior to paving taking place. Mr. Labraun advised that he is not opposed to the
parking lot use; however, he needs the City to address his issues.
Councillor Weylie questioned whether there are catch basins on 5 Michael Street and was
advised that there aren't any on 5 Michael Street because that property is the higher ground.
Mr. Willmer advised that most issues addressed by Mr. Labraun affect the site plan process,
not the zone change or official plan amendment and site plans are not approved by this
Committee or Council.
Mr. Murphy advised that 15 Michael Street currently has 2 double catch basins. Cash-in-lieu
has been requested and this will allow the City to install larger sceptres when reconstructing
Michael, Henry and Oak Streets. These drain sceptres will address the broader interests of
the neighbourhood and will address grading in this area.
Mr. B. Flewwelling, GSP Group, was in attendance on behalf of the applicant in support of the
staff recommendation. He reviewed the intent of the zone change and official plan
amendment, noting that this process will formalize an existing situation. He also reviewed
ways they will address the neighbours' concerns about lighting.
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13. DTS-10-037 - ZONE CHANGE APPLICATION ZC 09/14/M/KA
- OFFICIAL PLAN AMENDMENT OP 09/05/M/KA
- 15 MICHAEL STREET - UKRANIAN CATHOLIC
CORPORATION OF EASTERN CANADA (CONT'D)
On motion by Councillor J. Smola -
itwas resolved:
"That Official Plan Amendment Application 09/05/M/KA for 15 Michael Street,
requesting a change in designation from Neighbourhood Institutional with Special Policy
8 to Neighbourhood Institutional with Special Policy 8 and Special Policy 16 to permit a
commercial parking facility be adopted in the form shown in the Official Plan
Amendment attached to Development and Technical Services Department report DTS-
10-037 and accordingly forwarded to the Region of Waterloo for approval; and further,
That Zone Change Application ZC08/01/D/KA for 15 Michael Street, requesting a
change from Neighbourhood Institutional Zone (I-1) with Special Regulation Provisions
1 R and 93R and Special Use Provision 83U to Neighbourhood Institutional Zone (I-1)
with Special Regulation Provisions 1 R and 93R and Special Use Provisions 83U and
399U be approved in the form shown in the "Proposed By-law" dated March 10, 2010,
attached to Development and Technical Services Department report DTS-10-037."
14. DTS-10-063 - CITY-INITIATED ZONE CHANGE
- QUEEN STREET SOUTH MIXED USE CORRIDOR
The Committee considered Development and Technical Services Department reports DTS-10-
063, dated March 29, 2010, recommending new Mixed Use Corridor zoning categories for
some properties fronting onto Queen Street South between Joseph Street and Woodside
Avenue. Ms. H. Holbrook presented this report.
Mr. P. Puopolo, Polocorp Inc., was in attendance to request that the Committee agree to a
change in Section 517 of the proposed by-law. In this regard, Mr. Puopolo provided
Committee members with a written submission outlining his requested change which deals
with the allowable building height for properties at 379-389 and 399-411 Queen Street South.
He advised that these properties currently enjoy a CR-2 zoning and they do not wish to be
down zoned through this rezoning process. He also advised that through verbal and written
communications with City staff, they have made clear their intentions to build a 5-6 storey
building at 399-411 Queen Street South in order to make the project financially viable. He
noted that 399-411 Queen Street South has a front yard setback of 21.5m, which will be
maintained because of the heritage nature of the existing building. If the existing building set
back from the street was the normal 5.5m, they would have no difficulty in meeting staff's
proposed height requirements. Mr. Puopolo also demonstrated the minimal impact that a 5-6
storey building would have on the view shed of the rear yard neighbours.
As for 379-389 Queen Street South, Mr. Puopolo requested a building height of 24m to provide
flexibility for redevelopment.
In response to Mr. Puopolo's request, Ms. Holbrook advised that staff is not recommending
what is being requested. Staff supports an 8 storey building with a 7.5m rear yard for the first
4 storeys and an increased setback for all storeys above 4. To not comply with the additional
rear yard setback means reduced views of the sky for the Benton Street properties. Mr.
Puopolo advised that the majority of the Benton Street rear yards will enjoy a proper view
shed.
Councillor Vrbanovic stated that the Barra Castle could have been demolished. Further, if the
Benton Street residents want to look at the sky, they will not go to their rear lot line to do so.
Ms. Holbrook noted that this change in the proposed zoning by-law has not been shared with
the neighbours.
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14. DTS-10-063 - CITY-INITIATED ZONE CHANGE
- QUEEN STREET SOUTH MIXED USE CORRIDOR (CONT'D)
On motion by Councillor B. Vrbanovic-
itwas resolved:
"That City-initiated Zone Change Application ZC 09/05/COK/HH being an amendment to
Schedules 85 and 86 of Appendix A, Schedule 29 of Appendix B, sections 88, 147, 148,
397 and 401 of Appendix C, sections 112, 129, 163, 450, 460, 506, 507, 508, 509, 510,
511, 512, 513, 514, 516, 517, 518, 519 and 520 of Appendix D and sections 20 and 53
of Appendix F of By-Law Number 85-1 as they pertain to the Queen Street South Mixed
Use Corridor for the purpose of changing the zoning from various zone classifications to
Mixed Use Corridor MU-1, MU-2 and MU-3 zones with and without site specific special
provisions applying to these lands, be approved, in the form shown in the "Proposed By-
Law" dated March 9, 2010 attached as Appendix A to Development & Technical
Services Department report DTS-10-063; save and except that section 517of the
"Proposed By-law" be removed and replaced with the following:
"517. Notwithstanding Sections 6.1.1.1 a) v) and 53.2 of this By-law, within the lands
shown as affected by this subsection on Schedule 85 of Appendix "A", the following
special regulations apply:
a) the minimum front yard setback shall be 21.0 metres;
b) the maximum front yard setback shall be 27.5 metres;
c) parking shall not be located between the building fapade and the front lot line;
d) the maximum building height shall be 19.5 metres for 399-411 Queen Street
South and 24 metres for 379-389 Queen Street South;
e) for the purpose of provisions (f) and (g) the rear lot line shall be defined as the
southeasterly property lines shared by the properties municipally addressed as
156, 158, 164 and 166 and 170-172 Benton Street;
f) the minimum rear yard setback for any building less than 4.5 metres in height
shall be 1.4 metres; and
g) the minimum rear yard setback for any building equal to or greater than 4.5
metres in height shall be 5.9 metres."
Councillor Vrbanovic directed that staff share these changes with the abutting neighbours prior
to the March 19, 2010 Council meeting.
15. ADJOURNMENT
On motion, the meeting adjourned at 8:13 p. m.
D. Gilchrist
Committee Administrator