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HomeMy WebLinkAboutDev & Tech Svcs - 2010-06-21DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 21, 2010 CITY OF KITCHENER The Development and Technical Services Committee met this date, commencing at 3:50 p.m. Present: Councillor C. Weylie -Chair Mayor C. Zehr and Councillors J. Smola, J. Gazzola, K. Galloway, B. Vrbanovic and G. Lorentz Staff: C. Ladd, Chief Administrative Officer T. Speck, General Manager, Corporate Services J. Willmer, Interim General Manager, Development & Technical Services R. Regier, Executive Director, Economic Development M. Selling, Director of Building A. Pinard, Interim Director of Planning G. Murphy, Director of Engineering T. Beckett, Fire Chief S. Ross, Assistant City Solicitor B. Sloan, Senior Project Planner D. Ross, Manager, Development Review K. Mick, Design & Approvals Engineer B. Bateman, Senior Planner K. Anderl, Senior Planner S. Bassanese, Urban Designer A. Pinnell, Planner E. Brown, Planner G. Stevenson, Planning Technician C. Goodeve, Committee Administrator D. Gilchrist, Committee Administrator 1. DTS-10-119 -DEMOLITION CONTROL APPLICATION - DC10/01/H/ATP AMENDMENT TO COUNCIL'S DECISION OF APRIL 19, 2010 1070 HIDDEN VALLEY ROAD DAVID DIRKSEN The Committee considered Development & Technical Services Department report DTS-10- 119, dated June 14, 2010, recommending an amendment to the April 19, 2010 decision of City Council regarding the Demolition Control Application for 1070 Hidden Valley Road. On motion by Councillor J. Gazzola - it was resolved: "That the decision adopted by Council on April 19, 2010 regarding Demolition Control Application DC10/01/H/ATP for one (1) single detached dwelling located at 1070 Hidden Valley Road, owned by David Dirksen, legally described as Lot 3, Registrar's Compiled Plan No. 1519, be amended by removing any reference to conditions." 2. DTS-10-122 -DEMOLITION CONTROL APPLICATION - DC10/05/A/GS 691 HIDDEN VALLEY DRIVE PETER & LYDIA KAUNE The Committee considered Development & Technical Services Department report DTS-10- 122, dated June 9, 2010, recommending approval of a Demolition Control Application for 691 Hidden Valley Drive. On motion by Councillor J. Gazzola - it was resolved: "That Demolition Control Application DC10/04/H/GS requesting permission to demolish a duplex dwelling municipally addressed as 691 Hidden Valley Drive and legally described as Plan 1523 PT Lot 6 RP 58R-15259 PT 1, be approved subject to the following conditions: 1) That the owner obtains a building permit for the proposed residential dwelling unit; and, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 21, 2010 - 60 - CITY OF KITCHENER 2. DTS-10-122 -DEMOLITION CONTROL APPLICATION - DC10/05/A/GS 691 HIDDEN VALLEY DRIVE PETER & LYDIA KAUNE (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 unit 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. 3. DTS-10-130 - LIMITING DISTANCE AGREEMENT WITH OWNERS OF 111 BLEAMS ROAD AND 115 BLEAMS ROAD, PURSUANT TO SECTION 3.2.3.1.(8) DIV B OF THE BUILDING CODE The Committee considered Development & Technical Services Department report DTS-10- 130, dated June 11, 2010 regarding an agreement to legalize the existing building limiting distance created by the severance of 111 Bleams Road. On motion by Councillor J. Gazzola - it was resolved: "That the Mayor and Clerk be authorized to execute an agreement with the registered owners of 111 Bleams Road (legally described as Lot 12, RCP 1489, save and except Parts 1 - 7 on 58R-16775) and 115 Bleams Road (legally described as Part Lot 12, RCP 1489, being Parts 1 - 7 on 58R-16775) pursuant to Section 3.2.3.1.(8) Division B of the Building Code; said agreement to legalize the existing building limiting distance of 15 metres created by the severance of 111 Bleams Road, and the agreement to be to the satisfaction of the City Solicitor." 4. DTS-10-123 - DEMOLITION CONTROL APPLICATION - DC10/05/A/GS 138 ABERDEEN ROAD DAVID NEVILLS & BETH SEEGMILLER The Committee considered Development & Technical Services Department report DTS-10- 123, dated June 9, 2010, recommending approval of a Demolition Control Application for 138 Aberdeen Road. Ms. D. Ross reviewed the report. Ms. Daena Cressman, Area Resident, addressed the Committee in opposition to the subject Demolition Control Application and circulated correspondence outlining her concerns with the proposed demolition and redevelopment of 138 Aberdeen Road. She spoke to flooding issues experienced in the area as a result of storm sewers backing up and expressed concerns regarding changes to any roof size as the run-off of rain water contributes to their flooding problems. She noted that while she lives in the City of Waterloo, her rear-yard is adjacent to the City of Kitchener. Mr. David Nevills, Applicant, addressed the Committee in support of the Demolition Control Application, noting that the proposed new construction is anticipated to have a smaller building footprint then the existing structure. Mr. G. Murphy advised that over the past two years staff from both Cities have been in communication regarding the drainage issues in this area, noting that he is aware of provisions within the City of Waterloo's Capital Budget to address these issues. He agreed to meet with Ms. Cressman to discuss her concerns, and to provide additional information to the Committee on the City's stormwater service connections in this area. On motion by Councillor G. Lorentz - it was resolved: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 21, 2010 - 61 - CITY OF KITCHENER 4. DTS-10-123 - DEMOLITION CONTROL APPLICATION - DC10/05/A/GS 138 ABERDEEN ROAD DAVID NEVILLS & BETH SEEGMILLER (CONT'D) "That Demolition Control Application DC10/05/A/GS requesting permission to demolish a single detached dwelling municipally addressed as 138 Aberdeen Road and legally described as Lot 16 Registered Plan 810, be approved subject to the following conditions: 1) That the owner obtains a building permit for the proposed residential dwelling unit; and, 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 unit 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." 5. DTS-10-127 - DEMOLITION CONTROL APPLICATION - DC10/06/W/GS 92 & 96 WOOLWICH STREET KEN DROUMTSEKAS FOR KRISSONS The Committee considered Development & Technical Services Department report DTS-10- 127, dated June 15, 2010, recommending approval of a Demolition Control Application for 92 and 96 Woolwich Street. Councillor J. Smola questioned if the swimming pool, detached garages and sheds would be removed as part of the proposed work. In addition, he noted that the shed located along the property line of 92 Woolwich Street appeared to act as a retaining wall for 88 Woolwich Street, and requested clarification as to the impact its removal may have on that property. Ms. D. Ross advised that while the subject demolition application only pertains to the two residential buildings, the long-term plan is to re-develop the site, which would include the eventual removal of those structures. She stated that if it is determined that a replacement retaining wall is required, it would be the responsibility of the owner to ensure that one is constructed. Questions were raised as to whether a condition could be added to the demolition permit requiring the applicant to address the removal of the swimming pool, detached garages and sheds. Ms. Ross advised that pursuant to the Planning Act, the only condition allowed to be added to a demolition permit is to require an owner to redevelop the property within two years of the permits issuance. Councillor Smola inquired into the impact the Fire Department's use of 96 Woolwich Street for a live fire training exercise would have on the surrounding neighbourhood. Fire Chief T. Beckett advised that several months ago Fire Services staff were approached by the owners to conduct a training exercise at the subject property. At that time staff had declined the offer due to environmental concerns; however, staff were then approached by the Ontario Ministry of the Environment (MOE) and were requested to reconsider this decision to enable the MOE to test the effect a live burn would have on the area's air quality. Accordingly, staff agreed to utilize the demolition of 96 Woolwich Street as part of their current recruit training, which is scheduled to be completed by the end of July 2010. Councillor Smola expressed concern with the use of 96 Woolwich Street as part of a live fire training exercise, noting that the site's topography is such that the smoke created by the exercise could adversely affect the surrounding homeowners. He suggested that this matter be deferred pending the resolution of the various concerns raised at this meeting. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 21, 2010 - 62 - CITY OF KITCHENER 5. DTS-10-127 - DEMOLITION CONTROL APPLICATION - DC10/06/W/GS 92 & 96 WOOLWICH STREET KEN DROUMTSEKAS FOR KRISSONS (CONT'D) On motion by Councillor J. Smola - it was resolved: "That consideration of the following recommendation, contained in Development and Technical Services Department report DTS-10-127 (92 & 96 Woolwich Street Demolition Control Application DC10/06/W/GS) be referred to the Council meeting of June 28, 2010, pending a resolution of the concerns raised at the June 21, 2010 Development and Technical Services Committee meeting: `That Demolition Control Application DC10/06/W/GS requesting permission to demolish a single detached dwelling municipally addressed as 92 Woolwich Street and legally described as Tract German Company Pt Lot 60, and requesting permission to demolish a single detached dwelling municipally addressed as 96 Woolwich Street and legally described as Tract German Company Pt Lots 59, 60, be approved without conditions'." 6. DTS-10-121 - COMPREHENSIVE REVIEW OF INTENSIFICATION AREAS OFFICIAL PLAN REVIEW STUDY CITY INITIATED The Committee considered Development & Technical Services Department report DTS-10- 121, dated June 14, 2010 regarding the Comprehensive Review of Intensification Areas (CRIA), undertaken to facilitate the implementation of the Kitchener Growth Management Strategy and formulating policy suggestions for the new Official Plan. Mr. A. Pinnell reviewed the report, advising that the CRIA has involved conducting a detailed review of intensification areas, particularly Mixed Use Corridors (MUC) and Mixed Use Nodes, which play an integral role in the framework of the City's urban structure. He commented that further impetus for this study comes from the Places to Grow Growth Plan for the Greater Golden Horseshoe and a number of recent Regional documents, including the Regional Official Plan. He then reviewed the following key highlights of the draft urban structure concept, attached as Appendix `B' to Report DTS-10-121: • Kitchener's Downtown remains the top priority for intensification; • current nodes and corridors planning model is reliable and effective for achieving many policy objectives, including intensification; • the draft urban structure is to be based on connectivity between destinations via Transit Corridors, which includes the Urban Growth Centre, Activity Centres, MUCs, Village Corridors, and a Proposed Rapid Transit route and stations; • Kitchener's vision is to be a healthy community; • identification of further opportunities to achieve intensification and connectivity and improve the overall urban structure; and, • re-evaluation of specific Activity Centre (Node) and corridor locations. Mr. Pinnell stated that further analysis will be undertaken which will culminate in the formulation of a summary report, which is anticipated to be presented to this Committee in the fall of 2010. He added that this report would contain suggestions for the public to consider prior to finalization of the new Official Plan. He noted that an open house would be held in the late fall of 2010, where the public will be invited to learn more about the findings and policy suggestions with respect to intensification areas and the City's potential urban structure. In response to questions, Mr. Pinnell advised that the draft urban structure proposes to reclassify Mixed Use Nodes into a category called Activity Centres. He stated that Activity Centres do not exist under the City's current urban structure but are comparable to the current Mixed Use Nodes. He commented that this change in nomenclature is proposed in order to better reflect the vision for these areas and identifies that the City is seeking to achieve a concentration of human activity or intensity as well as a healthy community. He further advised that as with the Mixed Use Nodes, the draft urban structure also proposes different DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 21, 2010 - 63 - CITY OF KITCHENER 6. DTS-10-121 - COMPREHENSIVE REVIEW OF INTENSIFICATION AREAS OFFICIAL PLAN REVIEW STUDY CITY INITIATED (CONT'D) classifications and the designation of new MUCs or modifying the existing location of MUCs. He stated that the existing seven MUCs are currently represented on the draft urban structure in their present form, with the exception of the Belmont and Lancaster MUCs being shown as Village Corridors. He added that this change reflects the fact that these corridors differ from the other five MUCs, noting that the Village Corridors may have less redevelopment potential and could present an opportunity to create or enhance a village-like character. Mayor C. Zehr referred to the findings of Regional Transportation Master Plan, noting that basing the City's urban structure on transit would be the best way to accommodate future growth. On motion by Councillor B. Vrbanovic - it was resolved: "That Development and Technical Services Department report DTS-10-121 (Comprehensive Review of Intensification Areas), be received for information; and further, That staff be directed to investigate the following with respect to completing the Comprehensive Review of Intensification Areas and developing new and revised policy direction for the new Official Plan: • determine the planned function and location of proposed Intensification Areas and draft urban structure elements; • ensure consistency of the draft urban structure with other policy objectives; • formulate solutions to challenges of achieving intensification; • establish density targets for Intensification Areas (including minimums where appropriate); and, • protect the function of Downtown as the primary Intensification Area." 7. DTS-10-125 - REVIEW OF GREEN DEVELOPMENT POLICIES OFFICIAL PLAN REVIEW STUDY CITY INITIATED The Committee considered Development & Technical Services Department report DTS-10- 125, dated June 11, 2010 regarding draft "green" development policies for inclusion as part of the City's Official Plan Review. In addition, the Committee was in receipt of the Review of Green Development Policies (RGDP) Summary document, dated June 2010. Ms. E. Brown presented the report, advising that the current Official Plan includes several policies aimed at improving the City's water and energy conservation. She added that recent changes in legislation, plans and policies along with advancement in new approaches to "green" buildings and reducing the impact of the built environment necessitate a comprehensive review of the City's Official Plan policies. Accordingly, this project is being undertaken to review existing Official Plan policies with regards to "green" development. She noted that this includes energy production and conservation, air quality, water conservation and waste management at the local level. She then reviewed the following new potential directions, as outlined in the RGDP: • expanding the scope of water resource objectives and policies to reflect requirements under the Clean Water Act (2006) and new Regional Official Plan; • including objectives and policies for alternative energy systems and renewable energy systems, and expanding upon energy conservation policies and objectives, to reflect changes brought forward by the Green Energy Act (2009) and new Regional Official Plan; • creating objectives and policies for air quality, sustainable development and waste reduction; and, • expanding light emissions objectives and policies to address light pollution as well as nuisance glare. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 21, 2010 - 64 - CITY OF KITCHENER 7. DTS-10-125 - REVIEW OF GREEN DEVELOPMENT POLICIES OFFICIAL PLAN REVIEW STUDY CITY INITIATED (CONT'D) Ms. Brown further advised that the RGDP study was introduced to the City's Environmental Committee on February 18, 2010 and the draft preliminary policies were presented to that Committee at its May 20, 2010 meeting. She stated that the draft "green" development policies, contained in the RGDP summary, would be available for public review on the City's Official Plan Review webpage and information panels will be prepared for display in the City Hall Rotunda and Kitchener Market. She noted that feedback received would be considered during the preparation of the new Official Plan and pointed out that there will also be additional opportunities to comment on the draft policies during the formal Official Plan consultation process. Referring to the draft policy to promote the efficient use of water resources, Mayor C. Zehr suggested that staff examine the possibility of coordinating this initiative with the City's new Stormwater Management (SWM) Utility; specifically with regards to the provision of SWM credits to residential and non-residential property owners. Councillor B. Vrbanovic commented that several municipalities, such as the City of Vancouver, have implemented incentive programs for "green" development applications, expediting applications where "green" building and development practices will be implemented; such as, Leadership in Energy and Environmental Design (LEED) Gold certification. He suggested that staff examine the potential to provide a similar program in Kitchener. Mr. A. Pinard advised that minimum processing timelines for development applications are already in place pursuant to the provisions of the Planning Act. He added that at present all applicants are informed that their application will be processed faster if it meets all of the City's standards. Councillor K. Galloway spoke to the Lighting Pilot Program currently being conducted in partnership with Kitchener Wilmot Hydro to evaluate the effectiveness and potential savings of retro-fitting the current High Pressure Sodium (HPS) lighting to LED or Induction street lighting. She suggested that this should be considered when staff develop the policies to address light pollution. In response to further questions, Mr. B. Sloan clarified that in 2009, the Planning Division initiated a review of the City's Official Plan, which provides policy direction for development and planning activities in Kitchener for the next 20 years. He stated that the overall review includes several background studies of key topics. He advised that some of these background studies, such as those looking at parks system, transportation networks and environmental policies, are being reviewed and presented individually to the public and will help in the preparation of the new comprehensive Official Plan policies. He noted that the public review period for the new Official Plan is scheduled to commence next January, with formal consideration of the new Official Plan anticipated to take place in June 2011. At the request of Councillor Vrbanovic, Mr. measures outlined in the City's new Social the public in this process. Sloan agreed to investigate the use of some of the Marketing Policy as a means of further engaging On motion by Councillor K. Galloway - it was resolved: "That Development and Technical Services Department report DTS-10-125 (Review of `Green' Development Policies), be received for information; and further, That the Review of `Green' Development Policies report, as attached to Report DTS-10- 125, and any comments received on this document, be used as the basis for the development of new and revised policy direction for the new Official Plan." 8. DTS-10-126 -GRAND RIVER SLOPE STABILIZATION - CLASS ENVIRONMENTAL ASSESSMENT (EA) ADDENDUM The Committee considered Development & Technical Services Department report DTS-10- DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 21, 2010 - 65 - CITY OF KITCHENER 8. DTS-10-126 -GRAND RIVER SLOPE STABILIZATION - CLASS ENVIRONMENTAL ASSESSMENT (EA) ADDENDUM (CONT'D) 126, dated June 14, 2010 regarding the Grand River Slope Stabilization Class Environmental Assessment (EA) Addendum study, identifying a preferred alternative to address the slope stability issues that exist along the Grand River in the Chicopee Vale Subdivision. Ms. Vanessa Marshall, MTE Consultants Inc., presented the findings of the EA, advising that based on the established evaluation criteria, Alternative 3 (Construct /Install Remedial Works) was selected as the preferred option. She stated that this Alternative is a combination of components that will address each of the following key issues: unstable slope angle; groundwater; surface water; and, toe erosion. She outlined that the main features of Alternative 3 include the installation of a new groundwater and surface water collection system, complete with a new outlet, a vegetated reinforced earth retaining system along the top one- third of the slope and vegetated rip-rap along the toe of slope. She noted that subject to approval, the final EA report would be prepared and filed for a public review period of 30 days. Following which final drawings will be prepared and a call for tenders issued in the fall of 2010. She commented that further public consultation would be conducted during the detailed design stage and prior to the commencement of construction. In response to questions, Mr. K. Mick advised that in 1992, residents affected by this problem requested help from the City after a significant amount of soil and large trees had moved down the slope. He stated that the request prompted the initiation of an Environmental Study Report - Class Environmental Assessment for Remedial Flood and Erosion Control project by the Grand River Conservation Authority (GRCA). He pointed out that in the mid-1990s, the Province withdrew funding to conservation authorities for this type of work. He added that the City inherited responsibility for this project when the GRCA's funding was reduced, but as Capital Budget priorities were adjusted, it was deferred within the 10-year Capital Forecast. Ms. Marshall noted that the condition of the slope is now at the stage where there is an identified need to initiate the required work to ensure the long-term safety of the residents and recreational users in the area. In response to further questions, Mr. G. Murphy noted that no direct contribution toward the project's costs have been provided by the area residents, except through their property tax levies. He estimated the cost of implementing the EA's recommendations at approximately $5.5M, which includes construction costs and consulting fees. He pointed out that the current approved budget for this project is $4M, which was based on the original study and inflationary adjustments. He added that the current budget is sufficient to implement a significant number of the study's recommendations. However, the work will likely be staged over the 2010 and 2011 construction seasons, and adjustments to the 2011 budget will need to be made as part of the next budget cycle to accommodate the remainder of the work. Mr. John Howey, Area Resident, addressed the Committee in support of the recommendation contained in Report DTS-10-126, noting the need to proceed with the required work in order to prevent any damage from occurring to the homes in the area. On motion by Councillor B. Vrbanovic - it was resolved: "That the Grand River Slope Stabilization Class Environmental Assessment Addendum Report prepared by MTE Consultants Inc., dated June 2010 be received; and, That the Grand River Slope Stabilization Class Environmental Assessment Addendum Report be filed with the Ontario Ministry of the Environment for the mandatory thirty (30) day review period as required by the Environmental Assessment Act; and further, That staff be directed to commence the implementation of the recommendations of the Class EA Addendum, following the thirty (30) day mandatory review period and Ontario Ministry of the Environment acceptance of the study, through the Capital Budget." Councillor J. Gazzola spoke to the need for the Provincial Government to re-initiate funding to Conservation Authorities across the Province to enable them to undertake this kind of work. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 21, 2010 - 66 - CITY OF KITCHENER 8. DTS-10-126 -GRAND RIVER SLOPE STABILIZATION - CLASS ENVIRONMENTAL ASSESSMENT (EA) ADDENDUM (CONT'D) On motion by Councillor J. Gazzola - it was resolved: "That the Premier of Ontario and the Ontario Ministers of the Environment, and Natural Resources, be urged to re-establish funding for Conservation Authorities to undertake remedial flood and erosion control projects, as a means of minimizing the risk to public safety and private property." 9. DTS-10-131 -REGIONAL OFFICIAL PLAN UPDATE The Committee considered Development & Technical Services Department report DTS-10- 131,dated June 17, 2010 providing an update on the revised Regional Official Plan (ROP). In addition, the Committee was in receipt this date of correspondence from Mr. Robert Howe, Goodmans LLP, and an Engineering Report prepared by MTE Consultants Inc., regarding the delineation of the Regional Recharge area in the 2009 Regional Official Plan. Mr. A. Pinard reviewed the staff report, advising that the Region of Waterloo's Planning and Works Committee will be considering the modifications to the ROP on June 22, 2010. On motion, Mayor C. Zehr brought forward a recommendation that due to a lack of information and conflicting scientific data, the City of Kitchener requests Waterloo Regional Council to direct their staff to monitor and update, as appropriate, the potential application of the Regional Recharge and Protected Countryside designations in southwest Kitchener as part of the next five year statutory Regional Official Plan Review, recognizing that these lands are outside of the countryside line and are not designated for development. Mayor Zehr clarified that approval of his recommendation means that the current status of these lands will not change for the next five years by remaining outside of the countryside line and the lands will not be considered for development during this five year period. He commented that he intends to present a similar motion at the June 22, 2010 Regional Planning and Works Committee meeting. Mr. Paul Britton, MHBC Planning Inc. addressed the Committee in opposition to the Region's potential application of Regional Recharge Areas and Protected Countryside designations as they relate to the southwest corner of the City of Kitchener. He commented that the treatment of the lands in southwest Kitchener in the ROP as proposed by Regional Staff would prohibit any future consideration of additional development within the City beyond its current urban boundary. Referencing the report prepared by MTE Consultants Inc., he noted that such a prohibition is not warranted in light of conflicting technical information regarding these lands. Councillor K. Galloway commented that the proposed Protected Countryside designations could negatively affect some of the farmers in that area who hoped they might have eventually been able to sell their lands. Councillor J. Gazzola requested clarification regarding the negative impact the proposed designations would have on the lands in southwest Kitchener. Mr. Britton advised that this could represent a potential waste of funds by the City to install infrastructure connectivity to this area. He noted that the City has several sanitary trunk sewers planned for development, adding that the Region has also planned to complete water servicing to these lands. He stated that the subject designations would redirect growth to other municipalities, who may not be prepared to accommodate it. He commented that the ROP seems to be based on several assumptions, and if approved, would preclude the City from ever expanding its urban area. On motion by Mayor C. Zehr - itwas resolved: "WHEREAS Kitchener City Council passed the following resolution on June 15, 2009: `That the Regional Municipality of Waterloo be requested to address the comments and concerns regarding the second draft of the Regional Official Plan 2029, as outlined in the Development and Technical Services Department report DTS-09-086; and further, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 21, 2010 - 67 - CITY OF KITCHENER 9. DTS-10-131 -REGIONAL OFFICIAL PLAN UPDATE (CONT'D) `That the Regional Municipality of Waterloo be advised that the City of Kitchener does not support the permanency of the `Protected Countryside' designation for the following reasons: technical reports in support of the groundwater recharge mapping have not been made available to the public for review; and, a permanent designation precludes the possibility of alternate technologies to achieve groundwater recharge, or alternate sources for drinking water'; and, WHEREAS the Council of the Regional Municipality of Waterloo approved a deferral on these lands 12 months ago to do further study; and, WHEREAS there is still a lot of conflicting information and science related to these lands; and, WHEREAS this has been a very short time to deal with all of the data relating to these lands; and, WHEREAS it is not in the best interests of the City of Kitchener, Waterloo Region and its taxpayers to go into a protracted and expensive Ontario Municipal Board (OMB) hearing on this matter; THEREFORE BE IT RESOLVED that the City of Kitchener requests the Region of Waterloo Council to direct Regional staff to monitor and update, as appropriate, the potential application of the Regional recharge and protected countryside designation in southwest Kitchener as part of the next five year statutory Regional Official Plan Review, recognizing that these lands are outside of the countryside line and are not designated for development; and, BE IT FINALLY RESOLVED that for greater certainty, the approval of this motion means that the current status of the land will not change for the next five years by remaining outside of the countryside line and the lands will not be considered for development during this five year period of time." 10. DTS-10-129 -REGIONAL EMS MASTER PLAN DISPATCH MODEL REVIEW The Committee considered Development & Technical Services Department report DTS-10- 129, dated June 10, 2010, requesting support of recommendations previously advanced by the Dispatch Model Working Group related to a Regional Emergency Dispatch Model Review; continued participation of City staff in next steps of the review; and consultation with pertinent government agencies. Fire Chief T. Beckett reviewed the report. In response to questions, Chief Beckett advised that over the past five months, the Working Group has continued to investigate many aspects of the proposed co-location of emergency services, specifically around financial implications, labour relations and technology issues. He stated that the Group also took the opportunity to visit the state-of-the-art Niagara Ambulance Communications Service to view the proposed technologies in use. He noted that this is a Pilot Project of the Ministry of Health and Long Term Care, who have imposed a moratorium on making any changes to the ambulance dispatching system in Ontario, pending their review of the Niagara Pilot Project. He outlined that currently at issue is the Ministry's refusal to share information about the ambulance dispatch technology used as part of the Pilot Project to test the consolidation of police, fire and ambulance dispatch services. Chief Beckett further advised that physical co-location provides a manual solution to notifying Fire Services earlier and enabling a Fire vehicle to reach the site of a medical emergency one minute and sixteen seconds sooner than is current practice. He commented that the Region of Waterloo offered to provide financial support to implement the new measures; however, the Province has refused to engage in the Regional Emergency Dispatch Model Review until it has had an opportunity to review the findings of the Niagara Pilot Project. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 21, 2010 - 68 - CITY OF KITCHENER 10. DTS-10-129 -REGIONAL EMS MASTER PLAN DISPATCH MODEL REVIEW (CONT'D) On motion by Councillor G. Lorentz - itwas resolved: "That support be re-affirmed for the original recommendations of the Dispatch Model working group contained in their December 2009 report presented to the Regional All Council Meeting on December 3, 2009; and, That the Fire Chief or designate and members of the Human Resources, Finance and Legal Divisions, as required, continue to participate in future steps of the Regional Emergency Dispatch Model Review; and, That the Ministry of Health and Long Term Care be encouraged to make available to all municipalities, any beneficial technological solutions identified in the Niagara Pilot Project due diligence process; and further, That the Ministry of Health and Long Term Care continue to be encouraged to participate in discussion regarding locally appropriate improvements in emergency service dispatching." This meeting recessed at 5:54 p.m. and recommenced at 7:02 p.m. with the following members present: Mayor C. Zehr and Councillors C. Weylie, J. Gazzola, G. Lorentz, J. Smola, K. Galloway and B. Vrbanovic 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." 11. DTS-10-090 -ZONE CHANGE APPLICATION - ZC08/28/H/BB 1460 HIGHLAND ROAD WEST - DEERFIELD HOMES LTD. The Committee considered Development & Technical Services Department report DTS-10- 090, dated May 26, 2010, recommending approval of Zone Change Application AC08/28/H/BB for the property municipally known as 1460 Highland Road West. Ms. D. Ross presented the report and Mr. P. Chauvin, MBC Planning was in attendance on behalf of the owner, in support of the staff report. On motion by Councillor G. Lorentz - itwas resolved: "That Zone Change Application ZC08/28/H/BB to change the zoning from Residential Nine (R-9) with holding provision 7HSR for services and road works to Residential Nine (R-9) on lands legally described as Tract Germany Company Pt Lot 38 RP 58R11115 Part 3, RP 58M-403 Blk 66, & Tract German Company Pt Lot 38, municipally known as 1460 Highland Road West, in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated May 19, 2010, attached to Development and Technical Services Department report DTS-10-090." 12. DTS-10-102 -ZONE CHANGE APPLICATION - ZC10/04/W/AP 276 WOOLWICH STREET, 5 & 9 HAWKSWOOD DRIVE FRED & ANITA VOISIN AND HOLTZE FINE HOMES The Committee considered Development & Technical Services Department report DTS-10- 102, dated May 11, 2010, recommending approval of a zone change on lands municipally addressed as 276 Woolwich Street and 5 & 9 Hawkswood Drive. Ms. D. Ross presented the report. On motion by Councillor J. Smola - itwas resolved: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 21, 2010 - 69 - CITY OF KITCHENER 12. DTS-10-102 -ZONE CHANGE APPLICATION - ZC10/04/W/AP 276 WOOLWICH STREET, 5 & 9 HAWKSWOOD DRIVE FRED & ANITA VOISIN AND HOLTZE FINE HOMES (CONT'D) "That Zone Change Application ZC10/04/W/AP for 276 Woolwich Street, 5 and 9 Hawkswood Drive (Fred Voisin and Anita Voisin, Holtze Fine Homes) for the purpose of changing the zoning from Residential Three Zone (R-3) with Holding Provision for Services and Roadworks 19HSR to Residential Three Zone (R-3), be approved in the form shown in the "Proposed By-law" dated May 11, 2010, attached as Appendix "A" to Development and Technical Services Department report DTS-10-102, without conditions." 13. DTS-10-099 -DRAFT PLAN OF SUBDIVISION - 30T-09202 ZONE CHANGE APPLICATION - ZC 09/12/S/KA FAIRWAY ROAD NORTH -EARTH PARK DEVELOPMENTS INC The Committee considered Development & Technical Services Department report DTS-10- 099, dated June 7, 2010, recommending draft approval of plan of subdivision 30T-09202, approval of a zone change and an exemption from Council Policy I-1025, Emergency Access Policy and that the Committee endorse the Urban Design Brief attached to the report. Ms. K. Anderl presented the report. The Committee then posed questions to staff, firstly respecting the Emergency Access Policy and secondly the trail. Ms. K. Anderl advised that a second means of access is required if a cul-de-sac is over 150m in length and the whole length of Landgren Court will be 167m. Respecting the trail, she advised there will be a future trail connection through the woods. Ms. Anderl advised that as a condition of this development, the trail must be completed within one year of occupancy and that a condition could be imposed that he trail must be shown on all marketing material. With respect to questions about the stacked townhouses, Ms. Anderl advised that staff expect a higher density to be achieved and is unsure as to whether street fronting townhouses will achieve that density. These stacked townhouses also compensate for the lower density in other parts of this neighbourhood. Councillor Vrbanovic questioned how the City can change the information given out for marketing purposes. Ms. D. Ross advised that all information about the development is not always known when the marketing information is prepared; however, the developer must erect a sign showing all zoning of the land. Councillor Gazzola questioned property values noting that this was also a question that arose at one of the public meetings. Ms. Anderl advised that planners are not experts at property appraisals. Mr. Pinard advised that considering development in established areas is beyond staff's expertise; however, this question was often asked with respect to group homes and a province wide study was undertaken in this regard and showed that property values were not affected. Councillor Gazzola spoke of the Direct Detect Fire Alarm Monitoring which he stated should be a direct purchase by the developer and not become a rental expense to the home owner. Mr. R. Van Dam was in attendance and provided Committee members a written submission which he read aloud. In his submission, Mr. Van Dam advised of his concern that property values will decrease if townhouses are built in the proposed subdivision and staff needs to take into consideration the existing houses in close proximity to the proposed development. With respect to the need to balance densities, Mr. Van Dam questioned whether it is possible to know how many people will actually live in a dwelling unit. He noted that there is already a new block of townhouses on the east side of Fairway Road and questioned whether stacked townhouses visually balance the area and are necessary in this area to achieve the required 60 people or jobs per area. With respect to the parkland proposed for Block 6, Mr. Van Dam questioned whether consideration to the fact that the proposed walkway to the bush will end up in existing wetlands and swampy surroundings. With respect to the proposed stacked townhouses, he advised that on Fairway Road, these units will be 4 storeys high which is not DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 21, 2010 - 70 - CITY OF KITCHENER 13. DTS-10-099 -DRAFT PLAN OF SUBDIVISION - 30T-09202 ZONE CHANGE APPLICATION - ZC 09/12/S/KA FAIRWAY ROAD NORTH -EARTH PARK DEVELOPMENTS INC (CONT'D) compatible with the bungalow next door and regardless of any privacy fencing people living in these units will still be able to see into everyone's yard. He advised that traffic and parking will also be an issue; particularly on-street parking as there will be minimal parking on the street due to the narrow lot widths. He then questioned whether the City is allowing such high density in order to receive more tax revenue. Councillor Vrbanovic questioned whether Mr. Van Dam's concern is strictly the stacked townhouses, as there are other examples of high end townhouses in this area. Mr. Van Dam responded that high end townhouses will not solve the issue that the neighbours thought future development would be single family dwellings. A discussion concerning density requirements took place in which Mr. Pinard advised that each unit type has an average household size. Ms. Anderl advised that if there are no stacked townhouses, the density number will be closer to 50. With respect to a question from Councillor Gazzola about not meeting a density of 60, Ms. Ross advised that it is a requirement of the Regional Official Plan and provincial planning policy. Further staff tries to achieve this density figure City wide by compensating for older, less dense areas. Mr. D. Stewart, IBI Group, was in attendance on behalf of the developer, in support of the staff report. He stated that it is clear that provincial and Regional planning policies have changed since this area was first developed. The official plan expectation is for singles, semis and townhouses and staff advises that the proposed plan meets these policies. With respect to the street, it will be extended and maintained by the City. The proposed stacked townhouses take advantage of the topography as they will be 4 storeys on Fairway Road but only 3 storeys on Landgren Court. Mr. Stewart advised that at the public meeting privacy was raised as an issue, and the developer has agreed to provide privacy measures, including installation of privacy glass from the second storey up. He stated that Council needs to see a broader view of the situation, and is responsible for a compact and complete neighbourhood. He referred to Section 51.24 of the Planning Act for criteria, noting that the proposed subdivision complies with these criteria. This development completes the community and the street and staff has imposed all the necessary conditions. He asked the Committee to support its staff; as they have balanced the neighbourhood concerns and the necessary policies. Councillor Vrbanovic questioned whether the Grand River South Community Plan is being considered differently, as these stacked townhouses will be located at the inner most point of this residential area; whereas, in other parts, townhouses are located on the outside. Ms. Ross responded that the location chosen for the stacked townhouses is perfect, as this is a busy street and the property has a frontage on Fairway Road as well as the inner street. It was her opinion that this form of development is appropriate for the location. Councillor Vrbanovic then question Mr. Stewart as to whether this form of housing is driven by him, staff or provincial policy and whether he would object to constructing single townhomes instead. Mr. Steward advised that the first comment from the review agencies was that this development should establish a streetscape on Fairway Road and he was of the opinion that the stacked townhouses are the best way to do so. Further, there are tools to help integrate with the existing community. These stacked townhouses will be 3 storeys high on Landgren Court. Development of these townhouses has controls as outlined in the staff report and the developer supports those controls. He stated that he would not support single unit townhouses as they are not appropriate. Councillor Vrbanovic then moved the staff recommendation with the following changes: the proposed stacked townhouses on Block 5 are to be changed to residential townhouses with a total of 5 units; and, that the developer be required to include information on the trail system in their marketing material. He stated that although the developer is making an effort, this is the inner most part of this residential area. He stated that there is a strong rational for a mixture of densities but the development needs to mix well with the rest of the community. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 21, 2010 - 71 - CITY OF KITCHENER 13. DTS-10-099 -DRAFT PLAN OF SUBDIVISION - 30T-09202 ZONE CHANGE APPLICATION - ZC 09/12/S/KA FAIRWAY ROAD NORTH -EARTH PARK DEVELOPMENTS INC (CONT'D) On motion by Councillor B. Vrbanovic - itwas resolved: "That an exemption to Council Policy I-1035, `Emergency Access Policy' be granted, in regards to the future development proposed on the lands legally described as BLOCK 55 AND 56, PLAN 58M-398, PART OF LOT 11, PLAN 591 BEING PART 2 ON 58R- 14267, in the City of Kitchener, to allow a cul-de-sac having a length of 163.5 metres without an emergency access, be granted, in accordance with the following provision: 1. That all dwellings located beyond the maximum 150 metre length be equipped with the Direct Detect Fire Monitoring System and residential sprinkler systems; and, That the Urban Design Brief attached to Development and Technical Services Department report DTS-10-099 as Appendix "F" be endorsed; and, That Zone Change Application ZC 09/12/F/KA for Earth Park Developments Inc. requesting a change in zoning from Residential Four Zone (R-4), Agricultural Zone (A- 1) and Existing Use Zone (E-1) with Special Regulation Provision 401 R to Residential Six Zone (R-6), Residential Six Zone (R-6) with Special Regulation Provision 549 R, Open Space Zone (P-2), Hazard Land Zone (P-3) and Existing Use Zone (E-1) on the parcel of land specified and illustrated as the `Subject Area' on Map No. 1, in the form shown in the "Proposed By-law" dated May 21, 2010, attached to Development and Technical Services Department report DTS-10-099 as Appendix C be approved; and further, That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-09202, in the City of Kitchener, for Earth Park Developments Inc., subject to the conditions outlined in Development and Technical Services Department report DTS-10-099, subject to the following changes: That condition 1 of draft approval of Plan of Subdivision 30T-09292 be amended such that Block 5 will contain Street Townhouse Residential - 5 units; and, that the developer be required to include information on the trail system in all marketing material." Councillor C. Weylie left the meeting at this time and Councillor J. Gazzola assumed the chair. 14. DTS-10-117 -MUNICIPAL PLAN AMENDMENT - MPA 01/107/11V/GR ZONE CHANGE APPLICATION - ZC 01/24/11V/GR 66, 68, 82 WEBER STREET EAST; 79, 83, 87 SCOTT STREET AND 15, 25, 29 PEARL PLACE CROSSCAN INVESTMENTS LIMITED The Committee considered Development & Technical Services Department report DTS-10- 117, dated June 4, 2010, recommending approval of an official plan amendment, zone change and an urban design brief for the properties municipally known as 79, 83 & 87 Scott Street and 15, 25, & 29 Pearl Place as well as 66, 68 & 82 Weber Street East. Mr. B. Bateman presented the report. Mayor Zehr questioned the relationship between the existing office building and the proposed development with respect to parking and whether there will be assurances of continual flow between the two. Mr. Bateman advised that through the site plan approval process, the Region will require 2 entrances and the 2 buildings will be treated as one site. Mayor Zehr then stated that the functions of these buildings will be so different that they will eventually be split. Mr. S. Bassanese advised that the site plan will be registered on title and any future severances will require easements. Councillor Gazzola noted a heritage impact assessment had been done on 83 Scott Street and 1-5 Israel Place and Mr. Bateman advised that Israel Place had been a private lane but there are no longer any buildings there. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 21.2010 - 72 - CITY OF KITCHENER 14. DTS-10-117 -MUNICIPAL PLAN AMENDMENT - MPA 01/107/11V/GR ZONE CHANGE APPLICATION - ZC 01/24/11V/GR 66, 68, 82 WEBER STREET EAST; 79, 83, 87 SCOTT STREET AND 15, 25, 29 PEARL PLACE CROSSCAN INVESTMENTS LIMITED (CONT'D) The Committee considered the written submission of Mr. J. Collins, received this date, in support of this proposed development. Mr. T. Kavanagh was in attendance, to advise of his concerns and provided the Committee with a written submission this date. He addressed the Committee noting that he owns property on Pearl Place. He advised that before purchasing this property, approximately 4 years ago, he was told by staff that the development proposed on this subject property would include a 6' high brick wall to separate the development from Pearl Place; now they are proposing a 3' high fence. He requested that a 6' high brick wall be required. Mr. Bateman advised that he was unaware of Mr. Kavanagh's issue, as he was not involved in this development 4 years ago and he found no reference to this matter in the City's project file. Mr. Bassanese advised that a 6' high masonry wall would not be permitted along the Pearl Place lot line; however, what is proposed is berming, with a fence on top and there will be a 3m wide buffer with landscaping and a fence. Mr. Kavanagh stated that truck lights are higher than the proposed screening and there are already trucks parking at old Israel Place. Councillor Vrbanovic referred to page 14-81 in the agenda, containing drawings showing proposed street trees. Mr. Bassanese advised that there will be a way to address Mr. Kavanagh's concerns through the use of berms, landscaping and fencing. Mr. R. Dal Bello, IBI Group, was in attendance on behalf of Crosscan Investments Limited in support of the staff report. He provided Committee members with plans showing the site with the proposed building, parking, entrances and landscaping and a concept drawing of the front elevation of the building. He advised that the owner submitted applications for an official plan amendment and zone change in 2001; and, since that time the development has evolved into an 11 storey building with surface and underground parking. The concept addresses neighbourhood comments. He advised that the first 3 storeys are closer to Weber Street and the remaining 8 storeys will be set back further from the street. There will be a vista up Weber Street to Scott Street and trees along Pearl Place. There will be trees, shrubs, masonry and berming to shield the view of cars. In addition they will retain 87 Scott Street because there is an identical house across Pearl Place. Councillor Smola questioned Mr. Dal Bello about Mr. Kavanagh's concerns and was advised that the berming and masonry will hide vehicle lights. He advised that surface parking is for visitors and the residents will park underground; further, this is a residential building and is not likely to have many tucks. In response to questions from Councillor Lorentz, Mr. Dal Bello advised that the fence will be 3' high, as a 6' high fence would create an unfriendly environment. In response to comments made by other Committee members, Councillor Vrbanovic questioned whether a higher wall would increase the likelihood of graffiti and he also asked them to consider a higher fence from a CEPTED perspective. Councillor Smola moved the recommendation in the staff report and asked that Mr. Kavanagh's concerns be addressed through the site plan process. He noted that most of the neighbourhood concerns have already been addressed in the proposal for this development. On motion by J. Smola - itwas resolved: "That Official Plan Application MP/01/07/W/GR requesting a change in designation from Low Rise Multiple Residential to Medium Density Commercial Residential on lands municipally addressed as 79, 83, 87 Scott Street and 15, 25 and 29 Pearl Place, be approved, in the form shown in the Official Plan Amendment attached to Development and Technical Services Department report DTS-10-117 and accordingly forwarded to the Region of Waterloo; and, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 21.2010 - 73 - CITY OF KITCHENER 14. DTS-10-117 -MUNICIPAL PLAN AMENDMENT - MPA 01/107/11V/GR ZONE CHANGE APPLICATION - ZC 01/24/11V/GR 66, 68, 82 WEBER STREET EAST; 79, 83, 87 SCOTT STREET AND 15, 25, 29 PEARL PLACE CROSSCAN INVESTMENTS LIMITED (CONT'D) That Zone Change Application ZC 01/24/W/GR for lands municipally addressed as 79, 83, 87 Scott Street and 15, 25 and 29 Pearl Place, requesting a change from Residential Six Zone (R-6) and Commercial Residential Two (CR-2) with Special Regulation Provision (115R) and Special Use Provision (125U) to (CR-2) with Special Regulation Provisions 115R and 552R and Special Uses 125U and 407U, be approved, in the form shown in the "Proposed By-law", dated May 28, 2010, attached to Development and Technical Services Department report DTS-10-117; and further, That the Urban Design Brief, dated December 2009, prepared by the IBI Group, be adopted and, along with the Heritage Impact Assessment and associated addendums thereto be used as principle guiding documents for site plan approval." 15. DTS-10-095 -ZONE CHANGE APPLICATION - ZC09/015/M/EB OFFICIAL PLAN AMENDMENT - OP09/06/M/EB 30-40 MARGARET AVENUE -IBI GROUP The Committee considered Development & Technical Services Department report DTS-10- 095, dated May 19, 2010, recommending approval of an official plan amendment and zone change for the properties addressed as 30-40 Margaret Avenue, to allow for a multiple dwelling development. The Committee was also in receipt, this date, of a written submission from Mr. J. Collins in support of the proposed development. Councillor Gazzola advised all those present that: staff will present their report, next registered delegations will be heard, followed by unregistered delegations. Ms. E. Brown presented the staff report. Mr. T. Reiser, Old Berlin Towne Neighbourhood Association, addressed the Committee advising of the neighbourhood concerns: traffic and road improvements, loss of green space, compatibility with the neighbourhood, the Civic Centre Heritage Conservation District Plan; and, privacy, shade and encroachment. He stated that the proposal disregards the Heritage Conservation District Plan (HCDP) which was approved by Council. He asked the Committee to protect the neighbourhood, as everyone else will be held to the requirements of the HCDP. Mr Reiser advised that the developer's proposal does not comply with the HCDP in the following ways: the building height of 21 m, removal of all mature trees, minimum rear yard setbacks of 5m and 7m from Ellen Street will be provided; front yard setback of 4.5m from Margaret Avenue and the floor space ratio of 2.5. He then offered the following suggestions: that the owner contribute 1 % to a Special Fund to fund heritage features of the neighbourhood and a neighbourhood interactive park; require replacement trees to be suitable mature trees to limit encroachment and privacy loss as well as maintain the character of the district; and, material and architecture must meet heritage recommendations. Mayor Zehr questioned what Mr. Reiser would expect to see developed on this property if all his recommendations are not accepted. Mr. Reiser responded that it would still be a large development; however, it should not encroach on the neighbourhood and should comply with the HCDP. They could develop 244 units; and, there is another way to build without encroaching into the current required yards. He also requested that Ellen Street be protected. Councillor Smola questioned the traffic concern expressed by Mr. Reiser, who responded that is a neighbourhood concern, generally. He stated that this building or any building will increase the traffic impact; however, he does not believe there is anything the developer can do in this regard. In response to questions from Councillor Gazzola about the HCDP, Mr. Pinard advised that if the HCDP had been approved, this property may well have been excluded from the plan. Currently, the HCDP is not in effect. He advised that on the whole, the Heritage Planners are in support of this development; further, the HCDP is not as prescriptive as the Official Plan. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 21, 2010 - 74 - CITY OF KITCHENER 15. DTS-10-095 -ZONE CHANGE APPLICATION - ZC09/015/M/EB OFFICIAL PLAN AMENDMENT - OP09/06/M/EB 30-40 MARGARET AVENUE - IBI GROUP (CONT'D) Ms. L. Gorman addressed the Committee congratulating Council on adopting the Civic Centre HCDP, which is a plan that intends to maintain the character of the neighbourhood. However, this proposed development does not comply with the HCDP which recommends a maximum building height of 5 storeys, while the proposed building is to have 6 storeys which will have the overall height of a 7 storey building. This will be a tall, massive building with very little green space. While the HCDP states that green space should be considered, through this proposal most of the existing trees will be removed. Ms. Gorman stated that most people who move to the Civic Centre want to live near parks and their places of work; and, they want yards and want to be a community. This proposed development will be very inward focused, as there will be little green space to attract people out of doors. Ms. Gorman gave the opinion that this development will only be attractive to commuters. This building will be "high end" and attractive to people who want easy access to the expressway. If they do not have outdoor space then they will not spend a lot of time at home. In response to questions from Councillor Vrbanovic, Ms. Gorman advised that tenants in the existing apartment buildings have lived there a long time. Their units have balconies and these developments are smaller, so the tenants have a better chance of getting to know each other. Ms. B. Holmes advised the Committee that she has lived in this area since 1972 and she worked downtown for many years. At that time there were lots of places downtown to go shopping but she now has to go out of the area to shop. She advised of her concern that the increase in traffic that this development will bring will make it very much more difficult to get to the bus stop. Ms. C. Runstedtler addressed the Committee advising that she has lived in one the existing apartment buildings for many years. Over a 10 year period, she watched the deterioration of the homes on the subject property. Over the past number of years, she has attended meetings to hear about buildings that were going to be built. She advised that she had 2 major comments to make. The first is to do with visitor parking, noting that the development will provide 8 surface parking spaces for visitors which are inadequate, so people will park on the street. There will be 52 parking spaces for visitors, most of which will be in the underground parking garage and stated that she hoped they remain visitor parking. She commented that bicycle lanes will be installed on Margaret Avenue which will cause the removal of street parking. She recommended that instead of bicycle lanes on the street, one of the 2 sidewalks be designated for pedestrians only and the other be designated for cyclist and pedestrians. Mayor Zehr responded that her suggestion of joint use of sidewalks with cyclists is a good idea which should be investigated. Mr. B. Kaufman was in attendance and advised that he moved to Kitchener in 1971 and for 10 years the subject property was in disrepair. Since 1981, this property became a nice vacant lot. He asked the Committee to consider other heritage areas and in this case keep the large mature trees. He stated that the proposed building will have a large footprint and most of the trees are not salvageable. He recommended that the developer plant a smaller number of 30' trees; and, although they will cost more, if the developer would recognize their importance, his request would be supported. Mr. R. Hartleib addressed the Committee questioning why this development needs to be so large. He stated that the neighbourhood understands that this property will be developed but questioned the size of the proposed building. He asked the Committee to consider the needs of the present and future neighbourhood and the residents' privacy. He asked the Committee to keep the present zoning. Mr. D. Pellerin was in attendance and advised the Committee that he supports projects such as this, with modifications, as they are a good form of urban development and they will protect the investment the City has already made in the downtown. Ms. D. Kuehl addressed the Committee advising that this area is one of the oldest neighbourhoods in the City. This neighbourhood is 6 square blocks in area and it is currently being bombarded. There is to be a library expansion, a new parking garage, Otto Street is to DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 21, 2010 - 75 - CITY OF KITCHENER 15. DTS-10-095 -ZONE CHANGE APPLICATION - ZC09/015/M/EB OFFICIAL PLAN AMENDMENT - OP09/06/M/EB 30-40 MARGARET AVENUE -IBI GROUP (CONT'D) be extended and there will be a loss of trees. With the new mixed use corridor zoning on Victoria Street, there could be more loss of heritage homes; and, there will be 2 transit station constructed in the future; then with the development of this property there will be the loss of additional trees. She also stated that the style of building and the roofline will not be in keeping with the neighbourhood. There will be more traffic concerns and potential accidents, and this will become adrive-through neighbourhood. Respecting the new development, Ms. Kuehl stated her concern about screening the portion of the underground garage that will project above grade. The HCDP suggests that any mitigating factors for the property will greatly impact the neighbourhood. Councillor Vrbanovic noted that the applicant can construct a building one storey higher than what is being proposed but with greater setbacks. He questioned whether Ms. Kuehl would be supportive of such a development. She responded that she would prefer a 5 storey building as proposed in the HCDP. Ms. B. MacDonald addressed the Committee stating that the developer has tried to fit in with the neighbourhood; however, the increase in the floor space ratio to 2.5 allows them 25% more density. She questioned whether the HCDP will be acknowledged and maintained. She stated that the downtown is still not developed enough for all these people; there are no amenities and parking is poor. Mr. T. Hardacre, IBI Group, was in attendance on behalf of the developer in support of the staff recommendation. Mr. Hardacre provided an overview of the official plan amendment and zone change. With respect to the increase in the floor space ration to 2.5, this increase is required because a portion of the underground garage actually extends above ground and this along with a 1 storey community room are included in the calculation. He advised that the reduced setback applies to 50% of the front face of the building; however, the zone change requires that the 2 entraceways be setback 8m and the remainder of the building will be set back 10.5 m. He further advised that, at the recommendation of staff, floors 5-6 will be set back 7.5m and the units on the 5t" floor will be 2 storey units. Mr. Hardacre continued with the highlights of the zone change and official plan amendment. With respect to communications with the neighbourhood, Mr. Hardacre advised that he met with the neighbourhood representatives in April 2009 and on May 26, 2009 an open house was held at Church of the Good Shepherd. In September 2009, an open house was held at City Hall; as well, smaller meetings were held with heighbourhood representatives. Mr Hardacre then asked the Committee to adopt the staff recommendation. In response to questions from Councillor Vrbanovic, Mr. Hardacre advised that 283 parking spaces will be provided and visitors' spaces will be reserved, this parking arrangement being a requirement of site plan approval. Respecting the trees, he advised that a vegetation overview has been conducted and some will have to be removed, including some that would have to be removed because of their condition. He advised that the trees to the east will remain and more trees and landscaping will be added. With respect to planting larger trees, Mr. Hardacre advised that larger trees do not transplant as well, they are harder to move and they take longer to establish. They propose to plan 18'-20' high deciduous trees and 5'-6' high coniferous trees. Respecting the 1% special fund, he advised that it was never considered because it wad not previously presented. With respect to other concerns, Mr. Hardacre advised that a traffic impact study will be submitted to the City as a requirement of the site plan process; as well, fencing will be required. Respecting landscaping, the City's requirement is 20% of the lot and the developer is providing 28% of the lot. Respecting a Heritage Impact Assessment, Mr. Hardacre advised that one was prepared and reviewed by Heritage Kitchener who provided no negative comments. Councillor J. Smola moved the recommendation in the staff report DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 21, 2010 - 76 - CITY OF KITCHENER 15. DTS-10-095 -ZONE CHANGE APPLICATION - ZC09/015/M/EB OFFICIAL PLAN AMENDMENT - OP09/06/M/EB 30-40 MARGARET AVENUE - IBI GROUP (CONT'D) Mayor Zehr stated that this property has been in its current state for quite some time; however, it was clear that it would be developed at some time. In response to a comment from one of the delegations, Mayor Zehr stated that Council does not consider increased taxation when considering a development; it is considered solely on its planning merits and what is good for the community. He stated that under all considerations, this proposal is good for the property. Councillor Lorentz advised that taxation never enters his mind when considering a development. He stated that this is a good proposal and it will create a critical mass in the downtown. Councillor Smola stated that the ratio factor is the biggest issue. He advised that he had seen a lot of proposals prior to this one and this proposal accommodates a lot of the neighbours concerns, particularly underground parking. Also the architecture is very attractive. He advised that the City has put a lot of money into the downtown and now the developers are starting to do so. Councillor Vrbanovic stated that he is in support of the motion; as many of the issues can be addressed through the site plan. Councillor Vrbanovic then encouraged the developer to become involved in the 1 % special fund suggested by one of the delegations. On motion by Councillor J. Smola - itwas resolved: "That Official Plan Amendment Application 09/06/M/EB for 30-40 Margaret Avenue requesting a change in designation from Medium Density Multiple Residential to Medium Density Multiple Residential with Special Policy 9 to permit a maximum floor space ratio of 2.5, be adopted, in the form shown in the Official Plan Amendment attached as Appendix "B" to Development and Technical Services Department report DTS 10-095, and accordingly forwarded to the Region of Waterloo for approval; and further, That Zone Change Application ZC09/015/M/EB for 30-40 Margaret Avenue requesting a change from Residential Eight Zone (R8) to Residential Eight Zone (R8) with Special Regulation Provisions 551 R be approved in the form shown in the "Proposed By-law" dated May 5, 2010, attached as Appendix "C" to Development and Technical Services Department report DTS-10-095." Carried Unanimously. 16. ADJOURNMENT On motion, the meeting adjourned at 10:55 p.m. Colin Goodeve Dianne Gilchrist Committee Administrator Committee Administrator