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HomeMy WebLinkAboutDev & Tech Svcs - 2010-05-10DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 10, 2010 CITY OF KITCHENER The Development and Technical Services Committee met this date, commencing at 7:22 p. m. Present: Councillor C. Weylie -Chair Mayor C. Zehr and Councillors K. Galloway, J. Smola, J. Gazzola and B. Vrbanovic Staff: C. Ladd, Chief Administrative Officer T. Speck, General Manager, Corporate Services J. Willmer, Interim General Manager, Development & Technical Services G. Murphy, Director of Engineering A. Pinard, Interim Director of Planning J. McBride, Director of Transportation Planning R. Regier, Executive Director, Economic Development L. Gordon, Chief Purchasing Officer M. Selling, Director of Building B. Korah, Manager Development Engineering S. Rice, Development Technician D. Gilchrist, Committee Administrator DTS-10-050 -DELEGATED APPROVAL AUTHORITY REPORT 2008-2009 The Committee considered Development and Technical Services Department report DTS-10- 050, dated May 4, 2010, providing data on the number of: plans of subdivision, part lot control exemption by-laws, plans of condominium and applications for consent, received and processed during 2008 and 2009. The purpose of this report is to fulfill the City's obligations under Regional Delegation By-law 97-51 and the City's Delegation By-law 2002-164. Committee members were provided with a new version of page 1-2 in this report. On motion by Councillor K. Galloway - itwas resolved: "That Development and Technical Services Department report DTS-10-050 be received for information and submitted to the Regional Municipality of Waterloo in fulfilment of Clause 22.1 of the Administrative Agreement between the City of Kitchener and the Regional Municipality of Waterloo regarding delegated authority." DTS-10-093 -NOISE EXEMPTION -VICTORIA STREET SOUTH WATERMAIN - LAWRENCE AVENUE TO HAZELGLEN DRIVE The Committee considered Development and Technical Services Department report DTS-10- 093, dated April 30, 2010, recommending approval of an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code for the Region of Waterloo and its contractors for the Victoria Street South watermain project. On motion by Councillor K. Galloway - itwas resolved: "That the Region of Waterloo 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 Victoria Street South Watermain project in the City of Kitchener, between the hours of 7:00 p. m. and 7:00 a.m. for the duration of one (1) weekend in June/July 2010." DTS-10-082 -DEMOLITION CONTROL APPLICATION DC 10/03/F/ATP - 79 FLORENCE AVENUE -JOHN SAJKUNOVIC The Committee considered Development & Technical Services Department report DTS-10- 082, dated April 27, 2010, recommending unconditional approval of a Demolition Control Application for 79 Florence Avenue. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 10, 2010 - 39 - CITY OF KITCHENER 3. DTS-10-082 -DEMOLITION CONTROL APPLICATION DC 10/03/F/ATP - 79 FLORENCE AVENUE -JOHN SAJKUNOVIC, CONT'D On motion by Councillor K. Galloway - itwas resolved: "That Demolition Control Application DC10/03/F/ATP requesting permission to demolish one (1) single detached dwelling located at 79 Florence Avenue, owned by John Sajkunovic, legally described as PLAN 308 LOT 65 PT LOT 64, be approved without conditions." The Chair read the following statement aloud: "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 may not be 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." DTS-10-065 -ZONE CHANGE APPLICATION ZC 10/01/COK/SR - HOUSEKEEPING CHANGES TO ZONING BY-LAW 85-1 The Committee considered Development & Technical Services Department report DTS-10- 065, dated April 12, 2010, recommending housekeeping changes to the City's comprehensive Zoning By-law 85-1. Ms. Rice reviewed the proposed zoning changes as outlined in the report and proposed by-law. Councillor Galloway commented that the new regulation for motor vehicle repair shops stating that it is a good thing; however, she questioned whether the regulation is clear enough as to where the openings are prohibited. The by-law does not seem to clarify which lot lines are affected. Ms. Rice explained that it affects any wall that faces a residential or institutional zone. She then referred to section 14 in the proposed by-law. Mr. Willmer stated that any wall of the building, regardless of which way the building is oriented on the lot, can be affected by this by-law. The City is protected by the phrase "or portion there of". Councillor Vrbanovic referred to the holding provision on lands adjacent to St. Daniel's School stating that this land should still be available to expand the school. Ms. A. Young, Twin City Properties, was in attendance concerning the re-zoning for 87 & 91 Victoria Street North, questioning the intended use. Ms. Rice stated that the re-zoning includes a residential care facility. Mr. J. Mancini, The Working Centre, advised that they presently have 2 houses with a total of 6 units where they provide accommodation for homeless people who have serious health problems and would otherwise have nowhere else to go. Ms. Young advised that there isn't sufficient parking for this use and she has a problem with the wooden structure that has been erected to join these two buildings. She stated that owners in this area have put a lot of money into improving their properties and this wooden structure is unsightly. Mr. Mancini advised that they joined the two buildings together with a temporary structure to allow for movement between the buildings. He stated that once the zone change is approved, they will build a proper structure. Regarding parking, Mr. Mancini advised that the buildings only contain 6 units and the individuals staying there are homeless and don't have cars. He also advised that a site plan application will have to be submitted and reviewed by City staff; further, there are well over 30 parking spaces on the properties. Councillor Smola questioned whether Ms. Young still has concerns; and, she advised that she does because people attending at these properties are using her tenants' parking spaces. Ms. Rice was directed by the Committee to meet with Ms. Young and Mr. Mancini to try and resolve the situation before this matter comes to Council next Monday night. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 10, 2010 - 40 - CITY OF KITCHENER DTS-10-065 -ZONE CHANGE APPLICATION ZC 10/01/COK/SR - HOUSEKEEPING CHANGES TO ZONING BY-LAW 85-1, CONT'D On motion by Councillor K. Galloway - itwas resolved: "That Zone Change Application ZC 10/01/COK/SR (Housekeeping By-law), representing comprehensive changes to Zoning By-law 85-1, be approved in the form shown in the "Proposed By-law", attached to Development and Technical Services Department report DTS-10-065, without conditions." DTS-10-087 -NAMING OF PRIVATE ROADS -IRA NEEDLES COMMERCIAL SITE The Committee considered Development & Technical Services Department report DTS-10- 087, dated April 28, 2010, recommending the naming of private roads within the Ira Needles commercial site located on Ira Needles Boulevard between Glasgow Street and University Avenue West. Mr. P. Britton, MHBC Planning, was in attendance on behalf of the developer, advising that he has worked with Planning staff and the emergency services in this regard and is in support of the staff recommendation. On motion by Councillor B. Vrbanovic - itwas resolved: "That the City of Kitchener acknowledge that INCC Corporation proposes to name private roads within the Ira Needles development located at Ira Needles Boulevard between Glasgow Street and University Avenue; and, That in the interest of providing clear locational information to emergency service providers, it is preferable to establish a system of coherent civic addresses and public way-finding for the purpose of road naming only; and, That Legal Services be directed to proceed with the required advertising and preparation of the necessary by-law for the naming of the private roadways; and further, That the design and location of signage for the proposed roadways be approved by the City's Director of Transportation and the City's Supervisor of Site Plan Development." CRPS-10-057 -ENVIRONMENTAL COMMITTEE RECOMMENDATION - ONTARIO CLEAN AIR ALLIANCE - PETITION TO THE GOVERNMENT OF ONTARIO TO PHASE-OUT COAL FIRED POWER PLANTS The Committee considered Development & Technical Services Department report DTS-10- 087, dated April 28, 2010, forwarding a recommendation from the Environmental Committee to urge the Premier of Ontario to have coal fired electrical generating plants placed on standby reserve. Mr. J. Gibbons, Ontario Clean Air Alliance, was in attendance in support of the Environmental Committee's recommendation. Mr. Gibbons stated that he is pleased that Ontario can achieve a coal phase-out now, based on production through other sources such as gas, and a reduction in demand. He stated that an Ontario coal phase-out will be the biggest, single reduction in green house gas emissions in North America. In response to a question from Councillor Gazzola, Mr. Gibbons advised that to the best of his knowledge there are no arguments in favour of using coal generated electricity. It was his opinion that the Premier is a bit surprised at how quickly this reduction has taken place; however, large governments are often slow to act. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 10, 2010 - 41 - CITY OF KITCHENER CRPS-10-057 -ENVIRONMENTAL COMMITTEE RECOMMENDATION - ONTARIO CLEAN AIR ALLIANCE - PETITION TO THE GOVERNMENT OF ONTARIO TO PHASE-OUT COAL FIRED POWER PLANTS, CONT'D On motion by Councillor B. Vrbanovic - itwas resolved: "That the Premier of Ontario be urged to direct Ontario Power Generation to put its coal- fired electricity generating plants immediately on standby reserve, only to be operated if absolutely necessary to meet the electricity needs of Ontario." PRESENTATION - LANG TANNERY SURFACE PARKING - OFFICIAL PLAN FOR THE WAREHOUSE DISTRICT Mr. MacDonald was in attendance to address the Committee with his concerns regarding the proposed surface parking lot at the Lang Tannery and that City staff is not properly interpreting City planning policies. He advised that his concerns relate to a loss of heritage and the affects on the streetscape. He stated that the City's process for site plan approval is flawed as Heritage Kitchener does not have a role to play. He stated that the developer did attend a Heritage Kitchener meeting but other people were not permitted to express their views to Heritage Kitchener. Mr. MacDonald presented his submission, attached to the agenda, detailing the impact that surface parking will have on the downtown should all required parking for offices be provided in that manner. In response to questions, Mr. MacDonald advised that his presentation about the amount of land that would be covered with parking lots is a theoretical one, and he is simply pointing out the principles being forwarded for the Lang Tannery. Mr. Pinard was asked by the Committee to respond to Mr. MacDonald's comments about the Official Plan. He advised that staff is following the policies of the Official Plan and approval of site plans and heritage impact assessments (HIA) has been delegated to staff. He advised that the Official Plan directs conservation of heritage resources which could be done by several means, from keeping the building in its entirety to photographing and documenting the building. Mr. Pinard explained that a HIA is prepared by a reputable Heritage Planner and it contains a conservation strategy. In this case, all comments received on the HIA were taken into account and the HIA that was approved is much different than the one originally submitted. Mr. Pinard advised that staff does not have a policy or program to promote surface parking in the downtown; however, it can be a good interim measure. In response to questions from the Committee, Mr. Pinard advised that the parking requirement for Site A at the Lang Tannery is lower than usual and all the parking to be provided on Site B and the Victoria Street property is less than would normally be required for Site A. Mr. Regier advised that the basic standard of 4 parking spaces per 1,000 sq. ft. of office space is standard across the Region. The normal parking requirement for the Lang Tannery would be 750 spaces, whereas they are providing 380 parking spaces. With respect to Mr. MacDonald's presentation showing surface parking in downtown Kitchener, Mr. Pinard responded to questions advising that Mr. MacDonald's premise is that surface parking will always be surface parking; whereas, when enough development takes place, a parking structure would be warranted. In response to a question from Councillor Vrbanovic as to whether there is anything Council can do about what has already been approved, Mr. Pinard advised that staff is following Council's approved process; and, in his view it would not be reasonable to change the process retroactively. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 10, 2010 - 42 - CITY OF KITCHENER PRESENTATION - LANG TANNERY SURFACE PARKING - OFFICIAL PLAN FOR THE WAREHOUSE DISTRICT, CONT'D Councillor Gazzola stated that he is concerned about the future and that currently there is no opportunity for issues to be placed before Heritage Kitchener. Also, Council has no opportunity for input and there is no opportunity for the public to get involved. Mr. Pinard responded that the process can be reviewed. He advised that the process for site plan approval is defined in the Planning Act which sets out public involvement which is minimal. With respect to the involvement of Heritage Kitchener, HIA are Planning Act applications and Heritage Kitchener is constituted under the Heritage Act; the Planning Act does not recognize Heritage Kitchener. Further, a commercial parking lot is permitted in the D6 zone. In response to a question from Councillor Vrbanovic, Mr. Pinard advised that Council has delegated its approval authority for site plans to staff. Council can request a more formal process. Perhaps some municipalities have different classes of site plans. Mr. J. Hammond, a downtown resident, addressed the Committee advising that any means possible should be found to prevent the demolition of any buildings on the Lang Tannery property. He stated that the proposed demolition does not fit in with the comprehensive vision for the downtown. He quoted a few sections form the City's Official Plan in support of his position. He stated that sometimes small demolitions are necessary but there is no benefit in removing substantial structures. He also noted that the Bramm Street yards will soon be vacant and could be developed with a parking structure which would improve the downtown parking supply. Also, alternate modes of transportation can be encouraged, such as the proposed Light Rail Transit and cycling. He asked that the Committee ensure that the buildings proposed for demolition are included in the site plan. In response to questions from Mayor Zehr, Mr. Regier advised that there will be 380 parking spaces available. For the total floor area of the Lang Tannery, 1,000 parking spaces are required to meet the industry standard. Councillor Vrbanovic suggested that staff reviews the process to determine whether site plans and HIA could be reviewed and processed in a better way. Mr. Willmer advised that from a Planning standpoint the current process works well and has more public input than most municipalities. It is not an appropriate staff function to undertake such a review and it should be done by a consultant. He also advised that given the current demand on staff time it would be 1 '/2 years before such a review could be undertaken by staff. Ms. C. Ladd advised that the site plan application is the very last stage of the planning process and there have been other planning approvals along the way. There has been public involvement through such matters as the growth management strategy and through secondary plans, which are neighbourhood based, along with the zoning process. The site plan is the very last stage, and neighbours' concerns can be heard, but the only person who can appeal the decision on a site plan application is the applicant. She reminded the Committee members that the greatest number of complaints they receive regarding the site plan process come from applicants who complain that the process is too slow. Adding another part to the process will slow things even further. It is a very rare occasion that complaints on the site plan process come to this Committee DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 10, 2010 - 43 - CITY OF KITCHENER 8. DTS-10-088 -DEVELOPMENT MANUAL The Committee considered Development & Technical Services Department report DTS-10- 088, dated April 27, 2010, recommending approval of the Development Manual and of hiring one full-time engineering inspector to provide quality assurance relative to the Development Manual. Mr. Korah referred to the e-mail received this morning from Mr. P. Armbruster on behalf of the Waterloo Region Home Builders Association (WRHBA) outlining concerns they still have on the Development Manual. He stated that staff met with the Home Builders Association six times during the creation of the Manual and addressed many of their concerns in this final document. Mr. Korah recommended deterring consideration of this report to the Council meeting of May 17, 2010 to allow staff to address the concerns of the Home Builders Association. Councillor Galloway stated that she has difficulty with considering his report at this time as she has not seen the Manual. She suggested deferring this matter to the June 7, 2010 Committee meeting. Mr. Murphy responded that the Manual is quite extensive. He suggested that staff have time to address the concerns of the Home Builders Association by May 17th. He recommended that the Committee listen to the presentation of the report and key issues at this time. Mr. Willmer stated that after this meeting staff will make the document available to members of Council. Mr. P. Schmeltzer, Philips Engineering, presented the Development Manual. Following the presentation Mr. Schmeltzer responded to questions from Councillor Vrbanovic advising that the goal is to put a step by step process in the Manual; as unwritten parts of the process are unknown to new engineers. Respecting the recommendation to hire one full-time engineering inspector, Mr. Schmeltzer stated that if this additional staff person is not hired, the City will have to hire a consultant to enforce the process and standards in the Manual. Further, the fee schedule should be adjusted to cover the cost of this full-time position. With respect to the manual itself, Mr. Schmeltzer recommended that Council review Sections A and B which outline administration for plans of subdivision and site plans. Councillor Vrbanovic directed staff to provide a summary of those sections of the manual pertaining to changes affecting parks and community trails. In response to questions from Councillor Gazzola, Mr. Korah advised that engineering fees were raised this year to accommodate the cost of hiring the inspector. Mr. Murphy advised that staff anticipated that an inspector would be required when engineering fees were established for 2010 and these fees will be reviewed again this fall. Mr. P. Armbruster attended this meeting on behalf of the Waterloo Region Home Builders Association, respecting the e-mail he sent to Committee members and staff earlier this date. He advised that staff have been willing to meet with the association on many occasions and there has been a big change in the manual since the first draft, as a result of staff addressing their concerns. Mr. Armbruster advised that some members of the Home Builders Association still have concerns and more time is needed. In response to Councillor Gazolla, Mr. Murphy advised that staff have been working on this manual since April 2009 and it was intended that it be finalized by December 2009. There is an urgency to finalize the manual as soon as possible so that other projects can be completed. Following a discussion about an appropriate date for deferral, Councillor Vrbanovic put forward a motion to defer consideration of the staff recommendation until the Council meeting of May 17th, on the understanding that staff will meet with representatives of the Home Builders Association this Wednesday. If the issues can not be resolved, staff must notify members of Council by Friday May 14, 2010. On motion by Councillor B. Vrbanovic - itwas resolved: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 10, 2010 - 44 - CITY OF KITCHENER DTS-10-088 -DEVELOPMENT MANUAL, CONT'D That consideration of the following recommendation from Development and Technical Services Department report DTS-10-088 (Development Manual) be deferred to the Council meeting of May 17, 2010: "That the City of Kitchener Development Manual be adopted and in force as of Council's approval; and, That the City of Kitchener Development Manual be reviewed by staff on or before May 1, 2012; and, That the General Manager of Development and Technical Services be authorized to approve minor changes to the Development Manual as needed; and further, That one (1) engineering inspector (full time) be approved as of June 1, 2010, to provide quality assurance on subdivisions and site plans to be funded from engineering administration review fees of subdivisions and site plans." DTS-10-092 -KITCHENER COLLEGIATE INSTITUTE PARKING LOT EXPANSION The Committee considered Development & Technical Services Department report DTS-10- 092, dated May 3, 2010, recommending collaboration with the Waterloo Region District School Board respecting 2 surface parking lots at Kitchener Collegiate Institute. Mr. McBride explained that the intention is to redesign the portion of the parking lot off Green Street to accommodate 82 parking spaces for public use. An hourly or monthly fee will be charged for use of these spaces. He advised that the development cost of $358,000 will be equally split between the City and the Waterloo Region District School Board; the School Board to finance the initial construction costs, with the City to repay its portion of the costs from net revenues achieved through operating the lot. Once the initial capital costs are paid, the revenues will be split equally; capital costs to be repaid in approximately 5 years. Mr. McBride advised that the parking lot on the Glasgow Street side of the property will also be developed collaboratively with the School Board, at an estimated cost of $322,000 to achieve 137 parking spaces for school usage during the day and patrons of Don McLaren Arena at nights and week-ends. It is intended that the Community Services Department will include the City's portion of the capital costs in their capital budget submission. Mr. McBride noted that this proposal to develop these two parking lots still has to be approved by the Board of Education. In response to questions from Councillor Galloway, Mr. McBride advised that St. Mark Lutheran Church is aware that a fee will have to be paid to park at the Green Street parking lot. Councillor Weylie directed that staff investigate the retaining wall at Green Street and Park Street as it is a very dangerous corner. On motion by Mayor C. Zehr - itwas resolved: "That the City enter into a Management Agreement with the Waterloo Region District School Board with respect to the redevelopment and operation of Lot 12 Green Street as a public surface parking lot at Kitchener Collegiate Institute; and, That the user fees be established at an hourly rate of $2.35, a daily maximum of $9.00 and a monthly rate of $81.99 plus tax, and that Bylaw 88-169 be amended accordingly; and, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 10, 2010 - 45 - CITY OF KITCHENER DTS-10-092 -KITCHENER COLLEGIATE INSTITUTE PARKING LOT EXPANSION CONT'D That a request from the Community Services Department for funding in the amount of $161,000 in 2012 be referred to the Capital Budget review; and further, That the Mayor and Clerk be authorized to sign such agreement in a form satisfactory to the City Solicitor." 10. ADJOURNMENT On motion, the meeting adjourned at 9:25 p. m. D. Gilchrist Committee Administrator