HomeMy WebLinkAboutCouncil - 2010-06-28COUNCIL MINUTES
JUNE 28, 2010 CITY OF KITCHENER
The Council of the City of Kitchener met this date with all members present.
The meeting began with the singing of "O Canada" by Crystal borscht, King School of Vocal.
On motion by Councillor J. Smola, the minutes of the regular meeting held June 14, 2010 and special
meetings held June 14 & 21, 2010, as mailed to the Mayor and Councillors, were accepted.
COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL
Council considered Community Services Department report CSD-10-049 (K. Baulk), Director of
Enterprise, outlining adecision-making work plan for an expanded spectator facility in response to a
proposal brought forward by the Kitchener Rangers Hockey Club (KRHC) at the June 14, 2010
Council meeting. Mr. Baulk advised that the KRHC propose an expansion to The AUD of
approximately 3,800 seats bringing the total seating capacity to around 10,000. The potential of a
new facility was also considered by the Club; however, the proposed expansion is more in line with
their overall goals and allows the Club to remain as a primary contributor to the project.
Staff was directed to develop a work plan to assist in the decision-making process as to whether or
not to support either a larger (new or expanded) facility in the community. A work plan matrix was
presented encompassing three phases, with Phase 1 to commence in July 2010 and conclude by
March 2011. Phase 1 will involve among other things, a peer review of the KRHC business case; the
long term goals and needs of the City; and, potential to assist with the project financing through a
loan agreement with KRHC. Public consultation is provided for at the end of Phase 1 to review the
goals and needs business case, to be followed by Council's direction as to whether or not the project
will move forward. Phases 2 and 3 are subject to the findings and direction of Council at conclusion
of Phase 1. Phase 2 (March 2011 -May 2011) will encompass identifying potential locations and a
preferred site, if a new location remains an option; operational impacts of either a new or expanded
facility and the impact on other facilities on the existing site; exploration of funding sources,
partnerships and management options; and, additional public consultation on the detailed analysis of
options that remain viable. Phase 3 (May 2011 -July 2011) will involve an environmental review and
consider the feasibility of a capital campaign should a decision be made to proceed beyond Phase 2.
Mr. Baulk advised that the work plan provides that construction would not commence for at least 2 or
more years and the decisions required will be made by the newly elected Council. He added that
estimated allocations have been applied to each phase, with $93,000. attributed to Phase 1. As the
scope of the project unfolds, cost estimates will be further refined and in the event significant changes
occur staff will report to Council for further direction.
Councillor J. Gazzola requested clarification of undertaking a goals and needs business case. Mr.
Baulk commented that the expansion business case was developed in isolation by the KRHC with the
City not yet having opportunity to consider what is needed in terms of the broader community in
regard to a larger facility, whether it be new or an expansion of The AUD. He stated that the purpose
of the goals and needs business case is to identify long term goals and determine if they are aligned
with a larger facility. Councillor Gazzola inquired if funding is currently in the capital forecast or if this
represents a new expenditure and Mr. Baulk advised this would be a new expenditure. Councillor
Gazzola inquired if an Environmental Assessment (EA) is required. Mr. J. Willmer, Interim General
Manager, Development & Technical Services, advised that an EA would only be required if the option
of a new facility is chosen and would be relative to site selection. Councillor Gazzola requested
clarification of the proposal to undertake a capital campaign as it is his understanding the KRHC is to
fund the project. Mr. Baulk advised that an understanding of the full costs will not be known until
conclusion of this process and should it result in higher costs than originally estimated, a capital
campaign may be a feasible option to pursue. Mr. Baulk added that KRHC has agreed to fund Phase
1 but is reserving decision on funding Phases 2 and 3 pending the outcome of Phase 1.
Councillor Gazzola commented that a number of activities in Phase 1 have a $25,000. amount
allocated and questioned why these activities are not being done in-house. Mr. Baulk advised that
there is considerable work to be done, some of which may require the assistance of a consultant in
order to meet project timelines and the amounts are estimated based on staff's past experience in the
respective matters to be considered. He added that the full scope of each study in Phase 1 has yet to
be developed and if there is need for a broader community consultation to ascertain a sense of who
the stakeholders and other interested parties may be, an outside consultant may be required to
establish same.
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JUNE 28, 2010 - 179 - CITY OF KITCHENER
Councillor K. Galloway questioned what the scope of the work plan might be if a new site is removed
from consideration. Mr. Baulk advised that the locational review is outlined in Phase 2 and is
dependent on the outcome of Phase 1. If staff is directed to pursue only an expansion of the existing
facility the locational analysis will no longer be required but if both the option of a new or expanded
facility are to move forward in Phase 2, it will be required at an approximate cost of $35,000.
Councillor B. Vrbanovic questioned if the purpose of the goals and needs business case will dictate
the scope of the project in terms of a new or expanded facility. Mr. Baulk advised that it is the intent
of the business case to determine how the City and community's vision align in respect to the size of
a facility. He added that Phase 1 will involve due diligence to ensure that the work can go forward
regardless of the options. Councillor Vrbanovic requested clarification of the financing of Phase 1.
Mr. Baulk confirmed that Phase 1 will be financed by the Hockey Club to an upset limit of $93,000.
Councillor J. Smola requested clarification of the Economic Impact Study in Phase 2. Mr. Baulk
advised that this will identify potential spin-off benefits associated with the increased seating capacity,
citing examples of new and or expanded events that may accrue economic benefit to food and
hospitality industries.
Mr. Steve Bienkowski, CEO, Kitchener Rangers, advised that the Board of Directors of the Club have
reviewed the work plan prepared by City staff and although they would like to see an earlier
timeframe, they remain respectful of the public process. He confirmed that the Club is willing to
finance Phase 1 of the work plan and will wait for the outcome prior to considering financing of
Phases 2 and 3. Mr. Bienkowski stated that it was important the public understand that the Club's
business case is premised on expansion of the existing facility and while they will support either a
new or expanded facility, the Club is limited in what it can contribute to the project and the dollar
amount established will not change.
Councillor J. Gazzola questioned why the Club does not seek a bank loan instead of asking the City
for a loan agreement. Mr. Bienkowski advised that history has established that the municipality is
able to borrow monies at lower interest and in any event, he pointed out that the Club is likely to have
difficulty in obtaining a bank loan for construction work to be done to a building they do not own.
On motion by Councillor G. Lorentz, seconded by Councillor B. Vrbanovic, the recommendation
contained in report CSD-10-049 was brought forward for consideration to direct staff to proceed with
the decision making work plan for an expanded spectator facility and as amended to provide that
Phase 1 of the work plan will be financed by the KRHC at a cost of up to $93,000.
A motion by Councillor J. Gazzola, seconded by Councillor K. Galloway, to amend Councillor
Lorentz's motion was brought forward to provide that the work plan only include Phase 1.
Councillor J. Gazzola stated that Phase 1 of the plan covers a period of time into March 2011, at
which time the new Council could deal with Phases 2 and 3.
Mayor C. Zehr and Councillors B. Vrbanovic and G. Lorentz spoke against the amendment,
commenting that the plan represents a comprehensive approach that provides clarity for both the new
Council and the public on the overall process, and allows for Council's consideration and direction at
the end of each phase.
Councillor J. Gazzola's motion to amend was then voted on and LOST.
Councillor J. Gazzola advised that he would support Councillor Lorentz's motion, acknowledging a
willing partner in KRHC to fund this project, but suggested it is important that this process differentiate
between needs versus nice to have. He expressed the opinion that it will be difficult to rationalize a
new facility given there is no funding currently earmarked in the Capital Forecast. He maintained the
opinion that much of the work in Phase 1 could be done in-house and encouraged staff to do as much
as possible without hiring consultants.
Councillors K. Galloway, B. Vrbanovic and G. Lorentz spoke in support of the motion, commenting
that there is opportunity for careful scrutiny in each phase proposed, and acknowledging the work and
financial commitment of KRHC in bringing this proposal forward.
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JUNE 28, 2010 - 180 - CITY OF KITCHENER
Moved by Councillor G. Lorentz
Seconded by Councillor B. Vrbanovic
"That staff be directed to commence the `decision-making work plan' for an expanded
spectator facility, as outlined in Community Services Department report CSD-10-049, with
Phase 1 of the work plan to be financed by the Kitchener Rangers Hockey Club at a cost of up
to $93, 000."
Carried Unanimously.
Ms. J. Ouellette, Facilitator -Volunteer Resources, introduced long service awards to be presented to
recreation and leisure groups who have made significant volunteer contributions to the City's
recreation and leisure services. Mayor C. Zehr and the respective Ward Councillor presented awards
to the following groups:
• Downtown Neighbourhood Alliance - 5 years
• Auditorium Neighbourhood Association - 20 years
• Deer Ridge Estates Social Club - 5 years
• Forest Heights Community Association - 35 years
• Cherry Park Neighbourhood Association (previously King Belmont Neighbourhood Association
and KW Hospital Association) - 15 years
• Victoria Park Neighbourhood Association - 35 years
• Pinegrove Neighbourhood Association - 50 years
Mayor C. Zehr presented the following Minor Sports and Volunteer Service Organizations with
awards:
• K-W Special Olympics - 15 years
• Breithaupt T-Ball - 25 years
• K-W Synchronized Swimming - 25 years
• Excelsior Fencing Club - 25 years
• S.W. Optimists T-Ball - 30 years
• K-W Sidewinders Sledge Hockey - 30 years
• Forest Hill T-Ball - 40 years
• K - W Gymnastics Club - 45 years
• Kitchener Minor Hockey - 75 years
• Bridging the Gap - 15 years
• Marmo Travel Club - 40 years
Ms. Ouellette announced that an Ontario Senior of the Year Award is given to one outstanding
community member over 65 years of age who has helped to make their community a better place to
live. Mayor C. Zehr presented the award to Ms. Heather Voith for her outstanding volunteer
contributions to the City's New Beginnings program, which provides a caring support system to help
others through their personal bereavement and return to mainstream life. Ms. Voith commented that
volunteering brings meaning and purpose to one's life, and encouraged all to become engaged as a
volunteer.
Council considered Chief Administrator's Office report CAO-10-027 (S. Adams), dated June 23, 2010,
introducing the 3rd Annual Citizens Report Card (2007-2010) compiled by asub-committee of
Compass Kitchener in conjunction with City staff.
Sarah Marsh and Kim Knowles, Compass Kitchener, presented details of the Citizens Report
Card representing the third year review of the 20-year `Plan for a Healthy Kitchener' (P4HK). The
Report Card measures the City's progress over the 4 year term of the current Council and reflects
success in achieving most of the 4 year strategic directions defined in P4HK. The delegates
highlighted six community themes measured and graded by the group, including: Quality of Life;
Leadership and Engagement; Diversity; Development; Downtown; and the Environment. It was noted
that a community survey, followed by a second `Who Are You Kitchener?' process has been
completed and the input received will be used to draft a new set of strategic directions for Council's
consideration and which is intended to provide potential areas of focus for the next term of Council as
part of the City's Strategic Plan.
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JUNE 28, 2010 - 181 - CITY OF KITCHENER
Mr. Ron van Dam, resident, attended in opposition to Clause 14 of the Development & Technical
Services Committee report, dealing with Zone Change Application 09/12/F/KA and Draft Plan of
Subdivision 30T-09202 for Earth Parks Developments Inc., Fairway Road North and Landgren Court.
Mr. van Dam advised that a majority of area residents are against the proposed townhouse
development, advising they had been led to believe the subject property would be developed with
single residential dwellings based on mapping received from the City. He stated that area property
owners favour single residential development as it will serve to balance and blend in with the existing
neighbourhood which is primarily single residential. He suggested that townhomes have less market
value and would cause a reduction in the fair market value of existing single residential homes. He
expressed the opinion cul-de-sac development is usually geared toward upscale single residential
dwellings rather than townhouse or semi-detached dwellings; adding that the proposed development
will have permanent impact to the neighbourhood. He suggested the developer's request for R6
zoning instead of R4 is based on maximizing profit margin rather than on a well planned vision; and
asked that the City approve R4 zoning for single residential development.
Councillor B. Vrbanovic referred to a meeting with residents, asking the delegation if he would agree
the main issues revolved around fencing, which was addressed, and the proposed stacked
townhomes. Mr. van Dam commented that the fencing affects only those directly adjacent to the
proposed development and the primary concern remains the townhomes and the impact to existing
property values.
Councillor J. Gazzola asked the delegation if he had any supporting documentation to confirm
property values would drop. Mr. van Dam stated that the concern is townhomes are not valued as
high as single residential and may cause a proportionate drop in existing property values; i.e. existing
single residential dwellings would not be assessed at fair market value. Councillor Gazzola
questioned if quality of life was a concern. Mr. van Dam commented that quality of life for him would
not necessarily be affected other than through increased traffic but did also suggest that townhome
properties may not be maintained as well as single residential. Councillor Gazzola questioned the
latter given a prospective purchaser is paying for ownership of the townhome. Mr. van Dam
responded that while that may be the case it is unknown if these would be rental units.
Councillor C. Weylie questioned when homes on Country Clair Street were built and Mr. van Dam
advised approximately 5 years ago. Councillor Weylie questioned if the mapping referred to was
dated January 2004, showing smaller lots around Landgren Court and Mr. van Dam advised that was
correct. Councillor Weylie requested confirmation that area residents agree with Mr. van Dam's
viewpoint and he maintained the majority are opposed to the townhomes.
Mr. Douglas Stewart, IBI Group, attended on behalf of the developer, advising that they had reviewed
the Development & Technical Services Committee recommendation to limit Block 5 to 5 street
townhouse units and have determined that it is not feasible or practical for purposes of creating a
Plan of Condominium. He stated that what has been recommended really equates to 4 units and if
approved, consideration needs to be given to orientation of the building structures, whether to
Landgren Court or to Fairway Road North; and, to the desired noise attenuation, whether passive or
physical. Mr. Stewart provided examples of orientations to both streets, based on a 4-unit townhouse
development. Fronting Fairway Road North requires a physical noise attenuation barrier to a height
of 12.5 ft.; whereas, in fronting Landgren Court passive noise attenuation is achieved by the
townhouse building itself but does create an undesirable private amenity area. Mr. Stewart presented
a compromise concept to be developed within a Plan of Condominium, orienting to Fairway Road
North and consisting of 8 units of 2 standard (2 storey) end units and 6 standard (3 storey) internal
units; stepping in height of buildings; and passive noise attenuation. He stated that this concept
provides for implementation within existing Planning policies and achieves a desired development.
Councillor B. Vrbanovic referred to the January 2004 mapping showing single residential lots and
questioned if the developer had given consideration to a single residential development. Mr. Stewart
responded that they had reviewed all previous documentation for the property. He noted that in
addition to the 2004 mapping they had looked at a sketch produced in 2000 that shows an open
concept and extension of the cul-de-sac. He noted that in 2005 and 2006, the Province passed a
comprehensive set of Planning Policy Statements and the Growth Plan for the Greater Golden
Horseshoe which required a change in how the development is looked at. He added that in 2009 the
Region of Waterloo adopted a new Official Plan (ROP), and comments of the Province in respect to
the ROP further strengthen the need to look at development differently. Mr. Stewart also pointed out
that the previous mapping is not part of the original application and has no legal status.
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JUNE 28, 2010 - 182 - CITY OF KITCHENER
Councillor Vrbanovic raised concerns with regard to having a noise barrier around the townhouse
development and not the remainder of the block. He stated that the issue is one of massing and the
setback of the buildings from Landgren Court, noting that all the adjacent property will see from the
backyard is a wall. Mr. Stewart acknowledged that the proposed building will be behind the adjacent
single residential dwelling, noting that a 6 ft. fence is to be provided to screen the first storey of the
townhouse dwellings. He added that the proposed stepping in height will help reduce the impact and
pointed out that if the building structure is moved forward toward Landgren Court then a 12.5 ft. noise
attenuation barrier will be required which is what the adjacent property would look at.
Councillor Vrbanovic questioned if the developer would consider constructing 2semi-detached
buildings for a total of 4 units. Mr. Stewart advised that the developer has looked at all variety of
housing types from a planning perspective and the concept of semi-detached would require
construction of a physical noise barrier. He stated that they felt it was important to focus orientation
to Fairway Road North and with townhouses the development would reach an appropriate level of
density. He stated that while there is nothing wrong with the proposed semi-detached he would not
support the concept as it was his opinion it does not make any difference in that both concepts are
flawed.
Councillor Vrbanovic requested clarification of staff regarding the various mapping documents. Mr. J.
Willmer advised that it is not unusual for plans to show adjacent lands, either conceptually as to what
potentially could be developed or what has been approved. He stated that in this case, what was
provided for the year 2000 did not show any lot delineation around the cul-de-sac and in 2004, the
property was sold to a different developer. The plan was modified at that time to create lots showing
single residential around the cul-de-sac but the development did not proceed and Mr. Willmer agreed
with Mr. Stewart's comments that the plan has no legal status. He stated that these plans come from
the developer with adjacent lands often shown for context but he agreed this can create some
confusion and staff will attempt in future to avoid similar circumstance.
Councillor Vrbanovic questioned if there is a mechanism to delay construction of a noise barrier until
required for the remainder of the street. Mr. Willmer advised that the Region of Waterloo has
responsibility for noise attenuation. A draft plan for the lands to the east was approved in 2002 at
which time a noise study was completed which determined a noise barrier was not required for lands
to the east. In this case, the Draft Plan has been reviewed based on today's standards and the type
of traffic in the area warrants a noise barrier that will apply only to the lands involved in this Draft
Plan. Councillor Vrbanovic questioned if the Region would complete the noise barrier when bridge
improvements are undertaken and Mr. Willmer advised that this would not necessarily be the case as
it is normal practice to assign installation to a developer as a part of the cost of development.
Councillor Vrbanovic questioned if there is a means to request the Region not to require the barrier or
to have the developer deposit funds to build the barrier at a later date when there is need for a barrier
along the rest of the street. Mr. Willmer advised that Council is the approval authority for the Draft
Plan of Subdivision and has authority to either agree with the Region's requested condition for a
noise barrier or to request acash-in-lieu payment from the developer. He pointed out, however, that
those purchasing property under this Plan will have an expectation that noise will be mitigated and a
cash-in-lieu option does not provide for immediate noise mitigation.
Councillor Vrbanovic questioned the minimum lot width for single residential development that could
be considered by the developer. Mr. Willmer noted that the property is still currently zoned as
Agricultural, with the residential zoning still to be approved. He advised that the minimum lot width for
residential development is 30 ft. Councillor Vrbanovic suggested that a fair number of 30 ft. lots could
be developed on the parcel and have similar market value to townhouses. Mr. Willmer agreed;
however, in respect to Mr. van Dam's concerns that the community is dominated by single residential
and townhomes would not be consistent, he suggested that if the City took this approach to
development they would never achieve an appropriate level of housing mix. He pointed out that
current Planning policies promote differing housing types and the City should not accept that only
singles would be compatible. Councillor Vrbanovic questioned if the City would risk an Ontario
Municipal Board (OMB) appeal if a decision is made to retain single residential zoning. Mr. Willmer
advised that a decision to appeal rests with the developer; however, he suggested that in the case of
singles an appeal is foreseeable and while the decision of the OMB cannot be predicted, he pointed
out that the Official Plan promotes a full range of housing mix and the plan is in compliance. He
stated that it is likely the developer would be successful in obtaining OMB approval for their original
proposal of 10 units and suggested it may be in the best interest to accept the compromise proposed.
On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, Clause 14 of the
Development & Technical Services Committee report was brought forward for consideration to
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JUNE 28, 2010 - 183 - CITY OF KITCHENER
approve Zone Change Application 09/12/F/KA and Draft Plan of Subdivision 30T-09202 for Earth
Parks Developments Inc., Fairway Road North and Landgren Court.
Councillor Vrbanovic stated that based on Mr. Stewart's comments that the recommendation really
provides for only 4 townhouse units, he would like to propose that instead of townhomes, 2 sets of
semi-detached dwellings at a total of 4 units be approved and acash-in-lieu payment be collected
from the developer for construction of a noise barrier at a later date, if and when determined a barrier
is needed across the remainder of the street. Councillor Vrbanovic suggested that while Council
could take the approach of approving a single residential development, he agreed it is likely this
would result in an appeal. He stated that the issue is one of massing, maintaining that it is important
to have orientation to Landgren Court in line with the remainder of existing homes and the proposed
semi-detached dwellings would still allow for some intensification. Mayor C. Zehr agreed that
orientation should be to the Landgren Court streetscape rather than to Fairway Road North.
Moved by Councillor C. Weylie
Seconded by Councillor J. Gazzola
"That Clause 14 of the Development & Technical Services Committee report of this date be
adopted."
Voted on Paragraph by Paragraph
Paragraphs 1 to 4 -Carried
Paragraph 5 -Motion Lost.
The following motion was brought forward by Councillor B. Vrbanovic, seconded by Councillor K.
Galloway to replace the original Paragraph 5.
"That the draft approval of Plan of Subdivision 30T-09292 is subject to Condition 1 being
amended to provide that Block 5 will contain Semi-Detached Residential - 2semi-detached
dwellings with a total of 4 units; that the developer be required to include information on the
trail system in all marketing material; and Condition 3.4 of the draft approval being amended to
provide that the developer shall pay to the City of Kitchener cash-in-lieu of the Regional
Municipality of Waterloo's requested noise assessment attenuation measures, said funds to be
held in trust until such time as a noise attenuation wall is to be constructed between Fairway
Road and residential properties north of Fairway Road, from the west limit of Plan 30T-09202
approximately to Zeller Drive."
A recorded vote was requested.
In favour: Mayor C. Zehr and Councillors K. Galloway, B.
Vrbanovic and C. Weylie
Contra: Councillors J. Gazzola, G. Lorentz and J. Smola
Carried.
Mr. David Nevills, applicant, attended in support of Clause 4 of the Development & Technical
Services Committee report dealing with Demolition Control Application DC 10/05/A/GS (138
Aberdeen Road).
Moved by Councillor C. Weylie
Seconded by Councillor G. Lorentz
"That Clause 4 of the Development & Technical Services Committee report of this date be
adopted."
Carried.
Mr. Rino dal Bello, IBI Group, attended in support of Clause 15 of the Development & Technical
Services Committee report dealing with Official Plan Amendment Application MP01/07/W/GR, Zone
Change Application ZC 01/24/W/GR and Urban Design Brief for 79, 83, 87 Scott Street and 15, 25,
29 Pearl Place.
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JUNE 28, 2010 - 184 - CITY OF KITCHENER
Moved by Councillor C. Weylie
Seconded by Councillor J. Gazzola
"That Clause 15 of the Development & Technical Services Committee report of this date be
adopted."
Carried.
A representative of Brick by Brick Developments Limited was in attendance in support of the
recommendation contained in Development & Technical Services Department report DTS-10-133 (A.
Pinard), dated June 23, 2010, listed as Item B.3 of the Committee of the Whole agenda, dealing with
a request to allow temporary occupancy of a portion of the commercial plaza at 192 Activa Avenue.
Moved by Councillor C. Weylie
Seconded by Councillor K. Galloway
"That the request by Brick By Brick Developments Limited to allow temporary occupancy of 93
square metres (1000 sq. ft.) of the commercial plaza addressed as 192 Activa Avenue for
religious institution use be approved subject to the following conditions:
1. That enforcement of the City's Zoning By-law be waived with respect to a religious
institution use within the building existing as of June 28, 2010;
2. That the religious institution use vacate the site in the event that Zone Change
Application ZC10/06/A/AP to permit religious institution use is refused; and,
3. That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be
directed to commence notice of action to remove the illegal use and that any work done
to the premises be at the sole risk and responsibility of the owner in the event losses
are incurred as a result of final disposition of this application."
Carried.
Messrs. Jerry White and Steve Voisin attended in support of the recommendation contained in
Corporate Services Department report CRPS-10-119 (L. MacDonald), dated June 23, 2010, listed as
Item B.12 on the Committee of the Whole agenda, dealing with a land exchange agreement for
properties located on Lancaster Street West.
Moved by Councillor J. Smola
Seconded by Councillor G. Lorentz
"That the lands described as Part Lot 59, G.C.T., AKA Lot E, Plan 577, Parts 31 & 32, 58R-
7231, Kitchener, (the "Ditch Lands")depicted more or less in the location shown on the sketch
attached to Report CRPS-10-119 be declared surplus to the City of Kitchener for the purposes
of conveyance to the owner of the adjacent property municipally known as 526 Lancaster
Street West, with the retention of an easement for the purposes of storm water flow; and,
That the Mayor and Clerk be authorized to execute a land exchange agreement with Funshine
Investments Limited and Gerald White to convey the said Ditch Lands described above for
consolidation with the lands municipally known as 526 Lancaster Street West, owned by
Gerald White, in exchange for the City taking title from Funshine Investments Limited of the
lands, located between 526 and 544-546 Lancaster Street West, legally described as Part Lot
19 Eby & Devitt's Survey, Plan 577, Part Lot 59, G.C.T., Part 2, Plan 58R-819, Kitchener, (the
"Lancaster Lands") on such terms and conditions as are satisfactory to the City Solicitor and
the terms as set out in Report CRPS-10-119; and further,
That the Mayor and Clerk be authorized to execute any documentation necessary to facilitate
the transactions contemplated in the Land Exchange Agreement, said documentation to be
satisfactory to the City Solicitor."
Carried.
Mr. Tom Hardacre, IBI Group, attended on behalf of the developer of the proposed condominium
project at 30-40 Margaret Avenue, relative to Clause 16 of the Development and Technical Services
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JUNE 28, 2010 - 185 - CITY OF KITCHENER
Committee report of this date. Mr. Hardacre advised that the current R8 zoning permits a building
with a maximum height of 24m and 244 units and requires 263 parking spaces. He noted that the
proposed project will be 21.1 m with 210 units and will have 297 parking spaces. Mr. Hardacre further
advised that the requested re-zoning is to allow a reduction in side-yard and front-yard setbacks and
to change the floor space ratio (FSR) from the permitted 2.0 to 2.5. Mr. Hardacre stated that his
client is in support of the staff recommendation and requested that Council approve the Official Plan
and Zoning By-law amendments.
Ms. Beverly MacDonald, resident, spoke in opposition to the proposed planning applications
expressing the opinion that the proposed development is out of scale for the property and
surrounding neighbourhood. Ms. MacDonald stated that although there are high rise buildings on
Margaret Avenue, the site subject to the applications is surrounded by single detached houses and
low rise residential buildings. She advised that a heritage study was requested by Council which has
been appealed by the owners of the subject property and she asked how much the study had cost the
City. Ms. MacDonald requested that Council review the application again, not allow the zone change
as requested and that the FSR remain at 2.0.
Councillor J. Smola noted that with the current zoning on the property, an FSR of 2.0 would in fact
allow more units than what is being proposed.
In response to Ms. MacDonald's question, Mr. J. Willmer advised that he did not have the cost for the
heritage study; however, he pointed out that the study was part of the proposed heritage district and
not specific to the subject property.
Mr. Tyson Reiser, Old Berlin Towne Neighbourhood Association, raised concerns that the heritage
study has been ignored with respect to the proposed development and that the Heritage District Plan
has been held up by the owner through an appeal. Mr. Reiser stated that in addition to the heritage
plan issue, the neighbourhood has concerns with the loss of mature trees on the site; privacy for
adjoining properties with the proposed set backs; and increased traffic. He noted that these concerns
have not been addressed by the developer. Mr. Reiser suggested should the development go
forward that: the existing trees be re-located, where possible, rather than being removed and new
trees planted; the parkland dedication funds be held for area neighbourhood parks rather than being
deposited into the general parkland reserve; and, the owner drop their appeal of the Heritage District
Plan.
Councillor B. Vrbanovic suggested that should the front yard set back not be approved, the building
may be moved closer to the rear of the property causing more concerns for residents on Ellen Street.
Ms. Donna Kuehl, resident, raised concerns with the loss of trees, traffic volumes and height /roof
design of the proposed structure. She questioned what a Heritage Impact Assessment would do to
mitigate the impact and if the City has a public design review program which citizens could participate
in. She asked that if approved, the funds set aside for parks be dedicated directly to the
neighbourhood rather than in a general parks fund for the community at large. Ms. Kuehl commented
that the quality of life in the surrounding neighbourhood will change forever with this development and
asked that Council ensure the plan complies with the Heritage Conservation District Plan (HCDP).
Mr. Dan Glenn-Graham, President, Old Berlin Towne Neighbourhood Association, suggested it was
important that they be given an opportunity to work with the developer and the City in respect to site
development, to give input into landscaping, allocation of the cash-in-lieu of park land and review of a
Tree Plan.
Ms. Christine Runstedtler, resident, advised that she is a tenant of one of the existing high-rises on
Margaret Avenue, noting that the building structure takes up the equivalent of approximately 2-3
houses and its mass is situate back from the street. She pointed out that the proposed development
is 4 times as large and quite high and while she is not opposed to development on the site, she is
opposed to this application based on the size of the building being too large.
Mr. J. Willmer advised that the HCDP has been appealed and therefore, does not have legal status at
this time; however, the principles are known and staff have encouraged the developer to consider
same in design of this development. He stated that there is no public design review program and City
staff who have the necessary expertise have responsibility in regard to these matters. The cash-in-
lieu payment must be deposited into the general Park Trust Fund as per Council policy; however, if
directed, staff may allocate monies within the Fund to the neighbourhood. Mr. Willmer advised that a
tree analysis was required and completed for the site. He stated that many of the larger trees will be
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removed as they are central to the site with little opportunity to save them and there is no legal
authority to stipulate building materials. Mr. Willmer advised that design matters will be addressed
with the architect under Urban Design Guidelines and Planning Act regulations.
Councillor J. Smola spoke in support of the development, commenting that it has been known that
eventually development would happen on the site and there have been 3 previous proposals of
varying heights. The Floor Space Ratio (FSR) is the main concern, and he pointed out that the
Heritage Impact Assessment encourages underground parking. The resulting structure leaves only 8
storeys above ground for an FSR of 2.5 which includes common areas in the calculation as well.
Councillor Smola stated that the City has invested substantial dollars in the Downtown, suggesting
that this development is helping to achieve the objective of downtown employment in that, it provides
a place for individuals to live, work and enjoy entertainment in the central part of the City.
Councillor B. Vrbanovic asked what the amount of the cash-in-lieu payment would be, questioning if it
may be appropriate to dedicate some dollars to stay in the neighbourhood for park enhancements.
Councillor Vrbanovic was advised that the dollar amount would be approximately $80,000.
Councillor J. Gazzola spoke in support of the development but cautioned against making any
commitment to site specific agreements for allocations from the Park Trust Fund. He was uncertain
how the proposed parking is to fit on site but was of the opinion the developer would do all that can
be done to build an aesthetically pleasing development. He added that while the HCDP has no legal
status, the City's Heritage Planner is working with the developer and the developer is co-operating in
this regard.
Councillor G. Lorentz also expressed concerns with regard to an allocation from the Park Trust Fund
suggesting it may set an undesirable precedent for future intensification development projects. Mayor
C. Zehr suggested that rather than applying anything specific, direction could be given to staff to take
into consideration amenities such as mature tree plantings in the site plan approval process.
Councillor Vrbanovic agreed with comments concerning setting of an undesirable precedent but
asked that staff consider the surrounding neighbourhood in context of other redevelopment and the
remainder of the streetscape in terms of potential enhancements.
Moved by Councillor C. Weylie
Seconded by Councillor J. Gazzola
"That Clause 16 of the Development & Technical Services Committee report of this date be
adopted."
Carried Unanimously, on a recorded vote.
Council then considered Item B.14 of the Committee of the Whole agenda dealing with final approval
of the Park Master (PM) Plan.
Mr. Gord Nicholls, resident, attended to raise concerns with Chapters 3 and 4 of the PM Plan. He
suggested that the statistical data is flawed in respect to the amount of parkland the City should have
in 2031 to remain the same per capita as today and while $2.4M is stated to be spent on new parks;
no amount is suggested for an action plan to acquire new park land. He questioned why the
implementation strategy does not provide detailed proposals to modify the current 10-year Capital
Forecast to increase amounts available for land acquisition. He suggested that an allocation between
1.25% and 1.75% be added to the Capital Forecast for park land acquisition. Mr. Nicholls asked that,
notwithstanding that the PM Plan was tabled in May 2010, more time be given for further review prior
to accepting the document to consider its implementation and impact to the Capital Forecast.
Councillor B. Vrbanovic noted that the staff recommendation provides for referral of implementation of
the PM Plan strategies to the Corporate Business Planning and annual Capital /Operating Budget
process and asked the delegation if he had seen the recommendation. Mr. Nicholls acknowledged
having seen the June 28 report but still had concern with the first part of the recommendation which
accepts the document as presented. Councillor Vrbanovic advised that the Plan represents broad
strategies that set direction and focus for subsequent development of a business case and budgetary
implications. Mr. Nicholls maintained that the implementation strategy should contain specified
amounts from the outset.
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Ms. Yvonne Fernandes, resident, stated that the PM Plan sets strategy for park development over the
next 10 years and should have sound discussion prior to its approval. She noted that this document
was not vetted through the City's Environmental Committee. She also raised concerns with no dollar
amounts applied to its implementation and in particular, is absent on allocation to acquire lands in
Hidden Valley.
Councillor G. Lorentz questioned if the delegations' concerns might be addressed by approving the
document in principle and in so doing, the process of developing a business case and budgetary
considerations could move forward with the resulting information to be considered by the new
Council. Ms. Fernandes concurred with this approach.
Messrs. B. Green and F. Galloway, GSP Group, advised that in development of the PM Plan
extensive consultation was undertaken and the majority of responses favourable. The most recent
draft Plan is available on-line and a survey was conducted, all of which was positive save and except
correspondence received from Mr. G. Nicholls and Mr. N. Taylor. It was noted that a copy of Mr.
Taylor's correspondence had also been circulated to Council this date. Mr. Green pointed out that
there is specific recommendation in regard to the budget process which suggests $10M in additional
funds should be added to the Capital Forecast over the next 10 years to implement the Grand River
corridor acquisition. The next steps will include further budgetary consideration and
recommendations on how to continue community engagement in park development.
Mayor Zehr referred to the correspondence of Mr. Nicholls and Mr. Taylor, who suggest a mapping
discrepancy related to Areas 3 and 5 as shown on pages 27 and 43 of the document. Mr. Green
advised that he has forwarded a response to Mr. Nicholls in this regard, advising that there is no
discrepancy as these are different maps that are not intended to be the same. He added that
concerns were raised regarding a statement in the document which reads "those natural areas with
concurrent designations are protected from development, so acquisition with the primary objective of
protection is not warranted". He advised that this is meant to be taken in the context of evaluating
priorities, pointing out that acquisition does not always mean the City must own the land but rather
protection in some instances can be achieved through planning processes without the need to
expend tax dollars.
Councillor B. Vrbanovic questioned why the document was not vetted through the Environmental
Committee. Mr. Green advised that presentation was made to the City's Accessibility Committee and
while not directly to the Environmental Committee, he noted that the staff advisor attends the
Accessibility Committee meetings, leaving opportunity for information to flow through to the Advisory
Committee. Councillor Vrbanovic pointed out that is not necessarily the case and a mechanism
should be in place to ensure vetting through Advisory Committees is not missed.
Councillor K. Galloway questioned if any consideration has been given to a standard for turf
maintenance of parks. Mr. Green stated that this goes along with the operational impacts of acquiring
and developing new park lands and would require additional dollars for maintenance. Councillor
Galloway noted that the Huron Natural Area Master Plan was not touched on in the PM Plan and
questioned how it is envisioned this would carry forward. Mr. Green advised that dollars are currently
set aside in the Capital Forecast for this purpose and it is assumed will continue to remain. Mr. D.
Ritz, Supervisor of Design /Development, clarified that there is no specified line item and it is
intended that funds will be identified and re-allocated from within other budget line items.
A motion by Councillor J. Gazzola, seconded by Councillor G. Lorentz, to defer approval of the Park
Master Plan pending further review in September 2010 was brought forward for consideration.
Ms. P. Houston questioned what was envisioned that staff would do in the intervening months.
Councillor Gazzola commented that the document is lengthy and complex and he would like to see
additional time for the public to review its content and make comment. He added that he would also
like to see the document vetted through both the Environmental Committee and the Cycling Advisory
Committee.
Councillor Vrbanovic questioned the impact to development of the business case and budgetary
planning if deferred. Ms. Houston advised that deferral would not impede staff continuing with these
components. Councillor Vrbanovic asked that the document also be vetted through the Economic
Development Advisory Committee.
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JUNE 28, 2010 - 188 - CITY OF KITCHENER
Moved by Councillor J. Gazzola
Seconded by Councillor G. Lorentz
"That consideration of the staff recommendation contained in CSD report CSD-10-043 (D.
Ritz), dated June 16, 2010, dealing with approval of the Park Master Plan (June 2010), be
referred to the September 27, 2010 Community Services Committee meeting, to allow
additional time for community response to the draft Park Master Plan and for consultation on
the Plan with the Environmental Committee, Cycling Advisory Committee and the Economic
Development Advisory Committee."
Carried.
Mr. Merv Bowman, representing the owners of Dandy's Restaurant, attended in regard to Item B.9 of
the Committee of the Whole agenda, dealing with a request to permit operation of a sidewalk patio in
front of the restaurant located at 85 King Street West for the `Cruising on King Street' event to be held
July 9, 2010 and for consideration to permit operation of a sidewalk patio for the duration of the 2010
outdoor patio season. Mr. Bowman advised that the daughter of the former owner purchased the
business and has had considerable success in upgrading the premises with the goal of changing its
clientele. He stated that this has not been done without financial hardship, noting a decrease in
alcohol sales. Mr. Bowman advised that the new owner is moving toward an approach that would
attract business clientele and has had no complaints in regard to patron conduct since taking over the
business. He advised of a concern in respect to the location of 2 large garbage containers that have
been placed in front of the restaurant which will have impact to the size of an outdoor patio. He
stated that the Province has approved issuance of a liquor licence for both inside and outside the
establishment and asked that the requested permit for `Cruising on King Street' be approved; police
presence be increased to address behavioral concerns of persons loitering in the area of King and
Ontario Streets; and, consideration be given to relocating the garbage containers 10 ft. westerly.
Mayor C. Zehr advised that relocation of the garbage containers would be difficult as they are
encased below ground in concrete.
Councillor J. Gazzola questioned if the delegation had spoken to the Kitchener Downtown Business
Improvement Association (KDBIA) and if so, if they support the request for an outdoor patio. Mr.
Bowman's son, business operator, advised that this request was discussed with the KDBIA and they
are supportive of a patio.
Mr. Mark Garner, KDBIA, clarified that they are supportive of a patio licensed only for food and only
for the "Cruising on King Street" event. Mr. Garner cited past problems with this location and while it
is acknowledged the new owner is working diligently to make changes they would prefer to license
only this event and monitor how that goes.
Councillor G. Lorentz inquired if Mr. Garner was aware how the garbage containers came to be
placed in front of the restaurant. Mr. Garner advised he was not aware but noted appropriate sites for
placement of the mollocks was limited along King Street.
Councillor B. Vrbanovic inquired if there were issues with licensing this establishment during the
previous years `Cruising on King Street' event. Mr. S. Turner, Director of By-law Enforcement,
confirmed that no complaints were received in 2009 for this location during the event. Councillor
Vrbanovic suggested that in light of a new owner consideration be given to permitting a patio for both
the "Cruising on King Street" and "Blues, Brews and BBQ's" events. Mr. Bowman suggested that the
new owners should not have problems associated with the previous owner held against them and
should be allowed to operate for the full season; suggesting it was the City's responsibility to nurture
new entrepreneurs.
Councillor J. Gazzola questioned if the new owner has any connection to the previous business
owner and Mr. Bowman confirmed that the new owner is the daughter of the previous business
owner.
A motion by Councillor G. Lorentz, seconded by Councillor J. Gazzola, was brought forward to
provide that the request for a license to operate an outdoor sidewalk patio with food and alcohol for
the "Cruising on King Street" event and for the duration of the 2010 operating season under the same
terms and conditions as all other patio operations be approved and an evaluation of this site be
brought forward in the fall 2010.
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Councillors C. Weylie and B. Vrbanovic requested clarification in terms of any conditions to apply.
Ms. L. MacDonald, Director of Legal Services & City Solicitor, advised that there are a number of
standard conditions in the Encroachment Agreement that would apply. Councillor Vrbanovic inquired
if imposing a closing time of 11:00 p.m. would be reasonable and Mr. Bowman's son responded that
the restaurant closes at 10:00 p.m. in any event.
Councillor G. Lorentz advised that in the interest of fairness he would not support a differing closing
time but did agree to have standard conditions that apply to all other outdoor patios applied to
Dandy's Restaurant.
Councillor J. Gazzola inquired as to the length of time approval would apply and Ms. L. MacDonald
advised that the Encroachment Agreement would be in effect until October 31, 2010 and in the
interim, if deemed appropriate, Council could strike a Tribunal to hear concerns related to the licence
and impose additional conditions and / or revoke the licence. Councillor Gazzola advised he would
support the motion to give the business owner an opportunity to prove they can operate responsibly.
Mayor C. Zehr advised the delegation that City staff would undertake to have discussion with
Regional Police Services in regard to their request for additional policing at the intersection of King
and Ontario Streets.
Moved by Councillor G. Lorentz
Seconded by Councillor J. Gazzola
"That subject to obtaining necessary staff approvals, the Mayor and Clerk be authorized to
execute an agreement with the owners/operators of Dandy's Restaurant located at 85 King St.
W. allowing the operation of a patio on the sidewalk in front of their premises commencing on
July 9, 2010 and ending no later than 2:00 am on July 10, 2010 as part of Cruising on King
Street sponsored by the City of Kitchener, and subject to approval of the Alcohol and Gaming
Commission of Ontario, alcohol is permitted on the said patio; and further,
That subject to obtaining all necessary staff approvals, the Mayor and Clerk be authorized to
execute an encroachment agreement satisfactory to the City Solicitor, with the owner(s) or
operator(s) of Dandy's Restaurant, 85 King Street West, for the operation of a sidewalk patio
for a period not to commence prior to execution of the agreement by all parties and such use
to terminate no later than October 31, 2010 or such later date as approved by the Director of
Operations; and subject to approval of the Alcohol and Gaming Commission of Ontario,
alcohol is permitted on the said patio."
Carried.
Mayor C. Zehr advised that a number of delegations were in attendance to speak to Clause 10 of the
Development & Technical Services Committee report dealing with a request to the Region of
Waterloo to monitor and update the potential application of the Regional recharge and protected
countryside designation in southwest Kitchener as part of the next 5-year Regional Official Plan
(ROP) review, recognizing the lands are outside the countryside line and are not, nor will be,
designated for development in the next 5 years. Mayor Zehr advised that the City's request has been
dealt with by the Regional Planning and Works Committee at which time a motion to adopt the City's
recommendation was struck down and it is anticipated this decision will be upheld by Regional
Council when considered on June 30, 2010. Notwithstanding, the Development & Technical Services
Committee recommendation is to be ratified by Council this date as a matter of record and no other
motion in its place is anticipated to come forward.
Ms. Susan Koswan, resident, attended to request that the City not ask for a delay in imposing the
countryside designation and that they include southwest Kitchener in the designation.
Mr. Marius Stoia, resident, commented that the countryside designation needs to be in the ROP to
protect the valuable resource of water. He pointed out that there is a Regional recharge in the area of
southwest Kitchener which is too precious to jeopardize for the greater good of developers. He
questioned if designation results in an Ontario Municipal Board (OMB) hearing if the City would sit on
the opposite side of the position taken by the Region.
Councillor Vrbanovic questioned if the delegation understood that by the City taking the position
outlined in Clause 10 of the report that it is not supporting development at this time but rather leaving
the decision for future consideration when more information is available from which the Council at that
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JUNE 28, 2010 - 190 - CITY OF KITCHENER
time would decide. Mr. Stoia suggested there is sufficient information available at this time and the
matter should not be left open for more scrutiny. He stated that this area is expected to be the future
core of the City and the costs of damaging the water supply and environment will be borne by future
generations. He suggested that the City's efforts should be focused on intensification and better
transportation systems.
Ms. Yvonne Fernandes, resident, commented that the water recharge must be protected suggesting
that there is 20 years worth of development land without touching the southwest area of the City. She
also questioned that in the event of an OMB hearing if Council would be on the side of the developer
in challenge of another municipality. She noted that the ROP will be reviewed in 5 years time in any
event and this matter should be left until that time.
Ms. Ginnie Quinn, resident, agreed with the need to protect the water recharge areas to preserve
safe drinking water and that there is no shortage of development lands at this time in Kitchener. She
raised concerns with shortage of tree coverage and its impact on air quality, as well as, loss of wells
due to contamination from past manufacturing. She noted comments from Regional staff in a recent
article that suggest the biggest natural threat in this area is drought which is a reminder that the City
needs be cautious and protective of our water supply for the greater good rather than that of the
developer.
Ms. Louisette Lanteigne, resident, presented information from the Ministry of Natural Resources and
its Southern Ontario Hydrogeology Waterloo Moraine Study, commenting that the impact of
developing over the water recharge and the amount of actual water left is unknown; which requires
better understanding before proceeding with any development.
Ms. Deb Swidrovich, resident, asked that Council reconsider its original motion, commenting that she
had confidence in the Region that they have it right. She suggested that the motion leaves the door
open to development rather than protecting against same and the proposed countryside line should
be supported and protected for future generations.
Moved by Councillor B. Vrbanovic
Seconded by Councillor K. Galloway
"That pursuant to Section 25.4.11 of Chapter 25 (Council Procedure) of the Municipal Code,
the proceedings of the Council this date shall be allowed to continue beyond midnight to
conclude matters as listed on the agenda."
Carried Unanimously.
Mr. Merlin Trussler, resident, advised that he owns and farms property in the south-west area of the
City and is impacted by the protected countryside line designation proposed in the ROP. He stated
that Regional staff are determined to maintain the protected countryside line and while it was his
understanding they were to meet with affected landowners, no public meeting has taken place over
the past year. Mr. Trussler stated that he was not in agreement with the Region's proposed protected
countryside line designation for the south-west area and requested that Council appeal the ROP
should it go forward.
Ms. Monika Ruttkowski, resident, advised that she owns and operates a working farm, together with a
Bed and Breakfast in southwest Kitchener, her guests of who prefer the quiet ambience and serenity
of the countryside. Housing developments are moving closer and she is not looking to sell her
property for development. She stated that the countryside line runs through her property and she
fully supports its designation.
Ms. Susan Becker, resident, commented that habitats of important species, some of which are at risk
and under protected legislation, reside in southwest Kitchener and agreed that the water recharge
and other natural features must be protected permanently. She stated that development will pollute
the environment and asked that Council permanently designate the countryside line now to protect
these resources.
Mr. J. Willmer clarified the process in respect to the Region's review of its ROP, commenting that
once approved by the Region the document will be forwarded for Ministerial approval which provides
a 20-day appeal period. In the event of an OMB appeal, persons could apply for party status to the
hearing but there is no guarantee same would be granted. Mayor C. Zehr stated that in the event of
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JUNE 28, 2010 - 191 - CITY OF KITCHENER
an appeal it would not be Council's intent for the City to participate in opposition to the Region's
position.
Councillor J. Gazzola questioned if City staff has taken a position in regard to the Region's ROP. Mr.
Willmer advised that staff prepared an issue paper approximately one year ago in response to the
RROP at which time they supported protection of the countryside designation as there was
insufficient studies. Since then studies have been completed with the intent to substantiate
development; however, he advised that City staff does not have the necessary expertise to determine
their validity. Councillor Gazzola questioned if this is an issue of water or planning and Mr. Willmer
responded that it would involve all elements, and including transportation issues.
Councillor Vrbanovic requested clarification of associated risks over the next 5 years. Mr. Willmer
advised that there would be no risk of development; however, there is risk in fuelling submission of
additional draft development plans.
Councillor K. Galloway asked that even though the designation may be applied now if it would be
revisited in any event during the next review in 5 years time. Mr. Willmer advised that the RROP is
required to be reviewed overall every 5 years but this would not necessarily mean an opportunity to
revisit the countryside line designation, as not all components may necessarily be open for review.
Councillor Vrbanovic spoke in support of Clause 10 of the report, disagreeing with comments made in
respect to Council falling prey to the influence of developers. He noted that he has not heard nor
spoken to any developer in regard to this matter. He stated that he remains unconvinced that there
will ever be development in this area and that the proposed action provides opportunity to obtain
more information without risk of development. He suggested that if this action minimizes the risk of
an OMB appeal it would be the prudent thing to do, as the time and cost of an appeal would not be in
the best interest of anyone at this time. He added that in the event of an appeal, he would not
support the City taking a position against the Region as he believes it is the right course of action to
hold the countryside line at this time.
Councillor J. Gazzola advised that he would not support Clause 10 of the report, suggesting that
Council should support the position taken by the Region in maintaining the countryside designation
and should not support any development group who may want to lodge an appeal.
Councillor K. Galloway advised that she was not opposed to the direction proposed, stating that the
City is not pro-development but rather is attempting to ensure all information is gathered before a
decision is made and in doing so, there is no risk of development over the next 5 years. Councillor G.
Lorentz agreed, commenting that farm land in the area of Fischer-Hallman Road has previously been
developed over the course of time and future development requires a balanced approach to all
factors involved.
Mayor C. Zehr also spoke in support, commenting that the City has invested substantially in
intensification and accusations to the contrary are untrue. He emphasized that there is no risk of
development occurring on these lands as the countryside designation remains in place and this action
is intended only to discourage an OMB appeal which is deemed unnecessary at this time.
Moved by Councillor C. Weylie
Seconded by Councillor J. Gazzola
"That Clause 10 of the Development & Technical Services Committee report of this date be
adopted."
A recorded vote was requested.
In favour: Mayor C. Zehr and Councillors G. Lorentz,
J. Smola, K. Galloway, B. Vrbanovic and C. Weylie
Contra: Councillor J. Gazzola
Carried.
Mr. L. Gordon, Chief Purchasing Officer, was in attendance with respect to the tenders listed on the
Committee of the Whole agenda.
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JUNE 28, 2010
- 192 - CITY OF KITCHENER
Moved by Councillor G. Lorentz
Seconded by Councillor K. Galloway
"That Letter of Interest LOI-10-033, Prequalification of Building Automation Systems, be
awarded to T.A.C. Controls & Automation Inc., Concord, Ontario and Optimira Controls,
Inc., Mississauga, Ontario for City of Kitchener building automation system projects."
- and -
"That Tender T10-054, Hot Mix Asphalt, be awarded to Kitchener Asphalt Limited, St.
Clements, and TCG Asphalt & Construction Inc., London, ON, at their tendered unit prices,
including G.S.T. and P.S.T."
- and -
"That Tender T10-023, Borden Avenue North (King Street East to Weber Street East) Road &
Sewer Reconstruction, be awarded to Terracon Underground Ltd., Brantford, Ontario at
their tendered price of $1,367,249.95, including provisional items and contingencies of
$105,255., plus G.S.T. of $68,362.50., for a total of $1,435,612.45; and further,
That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City
Solicitor."
- and -
"That Tender T10-032, Overland Drive Bridge Structural Rehabilitation and Concrete Repairs,
be awarded to Jarlian Construction Inc., Burlington, Ontario at their tendered price of
$492,876., including provisional items and contingencies of $62,610., plus G.S.T. of
$24,643.80 for a total of $517,519.80.; and further,
That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City
Solicitor."
- and -
"That Tender T10-061, Block Line Road Extension (Fallowfield Road to Lennox Lewis Way),
be awarded to Regional Sewer and Watermain Ltd., Cambridge at their corrected tendered
price of $1,283,238.16, including provisional items and contingencies of $127,266., plus H.S.T
of $166,820.96, for a total of $1,450,059.12; and further,
That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City
Solicitor."
- and -
"That Expression of Interest E10-058, Consultant Services -Replacement of Existing Building
Automation Systems, be awarded to Morrison Hershfield Limited, Toronto, Ontario at their
fee of $54,000., plus H.S.T. of $7,020., for a total of $61,020."
- and -
"That Expression of Interest E10-068, Consultant Services -Installation of New Building
Automation Systems, be awarded to Morrison Hershfield Limited, Toronto, Ontario at their
fee of $54,000., plus H.S.T. of $7,020., for a total of $61,020."
- and -
"That Expression of Interest E10-064, Prequalification General Contractors -Bridgeport
Community Centre Addition /Renovation, be awarded as follows:
^ BECC Construction Group Ltd., Brampton
^ Collaborative Structures Limited, Cambridge
^ Dakon Construction Ltd., Waterloo
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JUNE 28, 2010 - 193 - CITY OF KITCHENER
^ Harbridge + Cross Ltd., Concord
^ Merit Contractors Niagara, St. Catharines
^ MJ Dixon Construction Ltd. Mississauga
^ Nith Valley Construction Ltd., New Hamburg
^ Struct-Con Construction Ltd., Brampton."
- and -
"That Tender T10-076, Road Seal Resurfacing, be awarded to MSO Construction Limited,
Etobicoke, Ontario at their reduced tender price of $147,058., plus H.S.T. of $19,117.54, for a
total of $166,175.54; and further,
That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City
Solicitor."
Carried.
Mayor C. Zehr advised that a Notice of Intention to consider a by-law to close part of Tilt Drive and a
by-law to change the name of part of Tilt Drive was published in The Record on June 18, 2010 ;listed
as Items 10 h) and i) on the Council agenda. No member of the public responded to an invitation
extended by Mayor Zehr to speak to these matters.
Moved by Councillor C. Weylie
Seconded by Councillor K. Galloway
"That a by-law to close part of Tilt Drive and a by-law to change the name of part of Tilt Drive,
listed as Items 10 h) and i) on the Council agenda, be given three readings this date."
Carried.
Moved by Councillor C. Weylie
Seconded by Councillor J. Gazzola
"That the report of the Development and Technical Services Committee be adopted."
Council considered Development & Technical Services Department report DTS-10-135 (G.
Stevenson), dated June 23, 2010, relative to Clause 5 of the report, dealing with a demolition
application for 92 and 96 Woolwich Street.
Councillor J. Smola advised that the developer has now provided an Undertaking to resolve issues
related to removal of all buildings and structures, as well as, changes in grading resulting from
removal; and Fire Services has provided further explanation of their procedures in regard to the
proposed "controlled burn". He advised that he is now satisfied that his concerns have been
addressed. Accordingly, it was agreed to amend Clause 5 of the report to remove the deferral
paragraph.
The Development & Technical Services Committee report was then voted on clause by clause.
Clause 4 -Dealt with under Delegations and Carried.
Clause 5 -Carried, as Amended.
Clause 10 -Dealt with under Delegations and Carried, on
a recorded vote.
Clause 14 -Dealt with under Delegations and Carried, as
Amended, on a recorded vote.
Clause 15 -Dealt with under Delegations and Carried.
Clause 16 -Dealt with under Delegations and Carried
Unanimously, on a recorded vote.
COUNCIL MINUTES
JUNE 28, 2010
- 194 - CITY OF KITCHENER
Balance of report -Carried.
Moved by Councillor G. Lorentz
Seconded by Councillor K. Galloway
"That the report of the Community Services Committee be adopted."
Carried.
Moved by Councillor J. Gazzola
Seconded by Councillor G. Lorentz
"That the report of Heritage Kitchener be adopted."
Carried.
Council considered this date Development & Technical Services Department report DTS-10-132 (A.
Pires / G. Stevenson), dated June 23, 2010, outlining various options for the unimproved City-owned
road allowance between 184 and 196 Kehl Street.
Moved by Councillor G. Lorentz
Seconded by Councillor C. Weylie
"That no action be taken at this time in respect to the unimproved City-owned road allowance
situate between 184 and 196 Kehl Street; and further,
That new developments be monitored in the immediate area of the City-owned Kehl Street
road allowance with all options, as outlined in Development & Technical Services Department
report DTS-10-132, to remain open for future consideration."
Carried.
Council agreed to the request of Mr. R. Gosse, City Clerk, to add seven additional by-laws for three
readings this date, including:
• three Zoning Amending by-laws relative to Clauses 12, 13 and 14 of the Development and
Technical Services Committee report;
• an Official Plan Amendment by-law and related Zoning Amending by-law relative to Clause 15 of
the Development and Technical Services Committee report; and,
• an Official Plan Amendment by-law and related Zoning Amending by-law relative to Clause 16 of
the Development and Technical Services Committee report.
Moved by Councillor C. Weylie
Seconded by Councillor K. Galloway
"That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of
motor vehicles on private property.
(b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire
routes and to prohibit parking thereon.
(c) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and
off-street parking of vehicles for use by persons with a disability, and the issuing of permits
in respect thereof.
(d) Being a by-law to exempt certain lands from Part Lot Control -Part of Block 74,
Registered Plan 1623 -Highland Crescent.
(e) Being a by-law to exempt certain lands from Part Lot Control -Part of Block 13,
Registered Plan 58M-365 - Valebrook Court.
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(f) Being a by-law to exempt certain lands from Part Lot Control -Blocks 74 and 75,
Registered Plan 58M-479 -Beaumont Crescent.
(g) Being a by-law to provide for the widening of part of Gage Avenue as a public highway in
the City of Kitchener.
(h) Being a by-law to close part of the public highway known as Tilt Drive, in the City of
Kitchener.
(i) Being a by-law to change the name of part of Tilt Drive to Apple Ridge Drive in the City of
Kitchener.
(j) Being a by-law to prohibit the placement of graffiti and to require that property be kept
free of graffiti.
(k) To confirm all actions and proceedings of the Council.
(I) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener -City of Kitchener.
(m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - 276 Woolwich Street, 5 and 9 Hawkswood Drive.
(n) Being a by-law to adopt Amendment No. 86 to the Official Plan.
(o) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the
City of Kitchener -Inter-Building Investments Limited and Richard Altvater & Sons Ltd. -
Weber Street East, Scott Street and Pearl Place.
(p) Being a by-law to adopt Amendment No. 87 to the Official Plan.
(q) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener -Community Expansion Inc. - 30-40 Margaret Avenue.
(r) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener -Earth Park Developments Inc. -Fairway Road North.
and that the same be taken as read a first time and stand referred to the Committee of the
Whole."
Carried.
On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and
Mayor C. Zehr appointed Councillor J. Smola as Chair.
On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair.
Moved by Councillor J. Smola
Seconded by Councillor G. Lorentz
"That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting
of the Committee of the Whole held this date, as attached hereto and forming part of these
minutes are hereby adopted and confirmed."
Carried.
Council subsequently gave first and second reading to a by-law relative to Item B.7 of the Committee
of the Whole, (shown as Item r] below), to adopt a by-law to repeal Chapter 134 (Lottery Licensing
Officer) of the Municipal Code.
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JUNE 28, 2010
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CITY OF KITCHENER
Moved by Councillor C. Weylie
Seconded by Councillor K. Galloway
"That the by-laws listed on the agenda for third reading, namely:
(a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of
motor vehicles on private property.
(By-law No. 2010-117)
(b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire
routes and to prohibit parking thereon.
(By-law No. 2010-118)
(c) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and
off-street parking of vehicles for use by persons with a disability, and the issuing of permits
in respect thereof.
(By-law No. 2010-119)
(d) Being a by-law to exempt certain lands from Part Lot Control -Part of Block 74,
Registered Plan 1623 -Highland Crescent.
(By-law No. 2010-120)
(e) Being a by-law to exempt certain lands from Part Lot Control -Part of Block 13,
Registered Plan 58M-365 - Valebrook Court.
(By-law No. 2010-121)
(f) Being a by-law to exempt certain lands from Part Lot Control -Blocks 74 and 75,
Registered Plan 58M-479 -Beaumont Crescent.
(By-law No. 2010-122)
(g) Being a by-law to provide for the widening of part of Gage Avenue as a public highway in
the City of Kitchener.
(By-law No. 2010-123)
(h) Being a by-law to close part of the public highway known as Tilt Drive, in the City of
Kitchener.
(By-law No. 2010-124)
(i) Being a by-law to change the name of part of Tilt Drive to Apple Ridge Drive in the City of
Kitchener.
(By-law No. 2010-125)
(j) Being a by-law to prohibit the placement of graffiti and to require that property be kept
free of graffiti.
(By-law No. 2010-126)
(k) To confirm all actions and proceedings of the Council.
(By-law No. 2010-127)
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CITY OF KITCHENER
(I) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener -City of Kitchener.
(By-law No. 2010-128)
(m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - 276 Woolwich Street, 5 and 9 Hawkswood Drive.
(By-law No. 2010-129)
(n) Being a by-law to adopt Amendment No. 86 to the Official Plan.
(By-law No. 2010-130)
(o) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the
City of Kitchener -Inter-Building Investments Limited and Richard Altvater & Sons Ltd. -
Weber Street East, Scott Street and Pearl Place.
(By-law No. 2010-131)
(p) Being a by-law to adopt Amendment No. 87 to the Official Plan.
(By-law No. 2010-132)
(q) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener -Community Expansion Inc. - 30-40 Margaret Avenue.
(By-law No. 2010-133)
(r) Being a by-law to repeal Chapter 134 of the City of Kitchener Municipal Code with respect
to Lottery Licensing Officer.
(By-law No. 2010-134)
(s) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener -Earth Park Developments Inc. -Fairway Road North.
(By-law No. 2010-135)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
Carried.
On motion, the meeting adjourned at 12:45 a.m.
MAYOR CLERK
COUNCIL MINUTES
JUNE 28, 2010 - 198 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE -
1. 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. 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,
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. 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. 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.
(Dealt with under Delegations and Carried)
5. 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.
(Carried, as Amended)
COUNCIL MINUTES
JUNE 28, 2010 - 199 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D)
6. 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. 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. 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.
9. 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.
10. 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,
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,
COUNCIL MINUTES
JUNE 28, 2010
- 200 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D)
10. (Cont'd)
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.
(Dealt with under Delegations and Carried, on a recorded vote)
11. 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.
12. 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.
13. 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.
14. That an exemption to Council Policy I-1035, `Emergency Access Policy', be granted, in regard
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,
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,
COUNCIL MINUTES
JUNE 28, 2010
- 201 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D)
14. (Cont'd)
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), 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, attached to Development and
Technical Services Department report DTS-10-099 as Appendix B, be approved; and,
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; and further,
That the draft approval of Plan of Subdivision 30T-09292 is subject to Condition 1 being
amended to provide that Block 5 will contain Semi-Detached Residential - 2semi-detached
dwellings with a total of 4 units; that the developer be required to include information on the
trail system in all marketing material; and Condition 3.4 of the draft approval being amended to
provide that the developer shall pay to the City of Kitchener cash-in-lieu of the Regional
Municipality of Waterloo's requested noise assessment attenuation measures, said funds to be
held in trust until such time as a noise attenuation wall is to be constructed between Fairway
Road and residential properties north of Fairway Road, from the west limit of Plan 30T-09202
approximately to Zeller Drive.
(Dealt with under Delegations and Carried, as Amended, on a recorded vote)
15. 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,
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.
(Dealt with under Delegations and Carried)
16. 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,
COUNCIL MINUTES
JUNE 28, 2010 - 202 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D)
16. (Cont'd)
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.
(Dealt with under Delegations and Carried Unanimously, on a recorded vote)
COMMUNITY SERVICES COMMITTEE -
1. That the Mayor and Clerk be authorized to execute a Co-operative Agreement between
"Community Support Connections-Meals on Wheels and More" and the Corporation of the City
of Kitchener, subject to the satisfaction of the City Solicitor.
2. That the Corporation of the City of Kitchener enter into an Agreement with the Impact Events
Group Inc., host of the Downtown Kitchener Ribfest and Craft Beer Show, for services provided
for the 2010 event; and further,
That the Mayor and Clerk be authorized to execute cone-year Agreement with the Impact
Events Group Inc., subject to the satisfaction of the City Solicitor.
3. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted
to the Kitchener Youth Action Council (KYAC) on Saturday, August 21, 2010, between the
hours of 5:00 p.m. and 11:30 p.m. for the 8t" Annual Unity Jam concert to be held in the Civic
Square.
4. That the Holy Trinity Serbian Orthodox Church be approved to operate a special event at Holy
Trinity Serbian Orthodox Church, 700 Fischer-Hallman Road, Kitchener on August 28 & 29,
2010 from 1:00 p.m. to 10:00 p.m. provided the necessary licence, including Health and Fire
approvals is obtained; and,
That the Holy Trinity Serbian Orthodox Church be granted an exemption from Chapter 450
(Noise) of the City of Kitchener Municipal Code in conjunction with an event at 700 Fischer-
Hallman Road, Kitchener on August 28 & 29, 2010 from 2:00 pm. to 10:00 p.m.; and further,
That the City of Kitchener has no objection to a liquor licence being issued to the Holy Trinity
Serbian Orthodox Church for an event on August 28 & 29, 2010.
5. That the licensing hearing as approved by Council resolution on February 1, 2010 for 1776458
Ontario Inc., operating as Fusion Bar & Grill, 15 Scott Street, Kitchener be adjourned.
6. That Council Policy I-880 (Lottery Break Open Tickets -Additional Terms and Conditions) be
amended in the form attached to Corporate Services Department report CRPS-10-108, to
reflect the changes to the Alcohol and Gaming Commission's Terms and Conditions to Break
Open Ticket Lotteries that will come into effect July 1, 2010.
7. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted
to Alexander Colvin for a wedding anniversary party at his residence at 27 Graywood Court, on
July 24, 2010, between the hours of 4:00 p.m. and 11:00 p.m.
8. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted
to John Hellens for a wedding party at his residence at 177 Royal Orchard Drive, on July 10,
2010, between the hours of 3:00 p. m. and 9:00 p. m.
9. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted
to Bingeman's at 425 Bingeman's Centre Drive, for an outdoor concert on Saturday, July 17,
2010, between the hours of 2:00 p.m. to 11:00 p.m., subject to the following conditions:
COUNCIL MINUTES
JUNE 28, 2010
- 203 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
COMMUNITY SERVICES COMMITTEE - (CONT'D)
9. (Cont'd)
That all music must cease no later than 11:00 p.m.; and,
That the event organizers cover the costs associated with having a By-law Enforcement Officer
on duty during the event; and further,
That the amplified sound shall not exceed a noise measurement of 55 dBA, or 5 dBA over a
pre-determined ambient noise level, whichever is less restrictive, when measured from the
adjacent residential area, measured over a 5 minute period.
10. That the creation of a Joint Municipal Election Compliance Audit Committee and the Terms of
Reference attached as Appendix "A" to Corporate Services Department report CRPS-10-111,
be approved; and,
That the City Clerk be delegated the authority to appoint members of the Joint Municipal
Election Compliance Audit Committee, in consultation with the Clerks of the other participating
municipalities; and further,
That remuneration of $150. per diem be approved for members of the Joint Municipal Election
Compliance Audit Committee.
11. That Council Policy I-525 (Community Investment) be repealed and replaced with the revised
policy attached as Appendix "B" to Community Services Department report CSD-10-041, dated
June 9, 2010.
12. That Community Services Department report CSD-10-045 (Turf Operations -Community
Services Operations Division), dated June 16, 2010, be received for information; and further,
That staff prepare a report for consideration prior to the 2011 budget deliberations, to establish
a plan as to how Community Services Operations Division can meet turf maintenance
objectives commencing in 2011.
13. That the City of Kitchener Online Communications Strategy, as attached to Chief
Administrator's Office report CAO-10-024, dated June 9, 2010, be approved; and further,
That the Corporate Social Media Policy, as attached to Chief Administrator's Office report
CAO-10-024, and as summarized in addendum report CAO-10-026, dated June 16, 2010, be
approved.
14. That Lakeside Process Controls be approved as the single source for the design, supply,
assembly, pressure testing, commissioning, training, and development of maintenance
procedures for five sets of regulators and associated components ("regulator runs") at two of
the City's district regulator stations; one located on Huron Road and the other on Traynor
Avenue.
HERITAGE KITCHENER -
1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application
HPA 2010-V-007 (215 Old Carriage Drive), be approved to permit the demolition of the existing
1'/-storey house in accordance with the plans submitted with the application, subject to the
following conditions:
i) that photo documentation of the house be undertaken in accordance with the City's
Photo Documentation and Recording Guidelines, and submitted to Heritage Planning
staff prior to issuance of a building permit for the demolition of the 1'/-storey house; and
further,
COUNCIL MINUTES
JUNE 28, 2010 - 204 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
HERITAGE KITCHENER -
1. (Cont'd)
ii) that Heritage Planning staff be present during the demolition to properly document the
house as it is being demolished so that any additional information revealed at that time
can be conserved.
2. That the revised Mike Wagner Heritage Award Program as outlined in Development and
Technical Services report DTS-10-107, be endorsed subject to the proposed eligibility
requirements being expanded to open the Program to properties meeting the definition of a
significant cultural heritage resource as outlined in Provincial Policy Statement, 2005.
3. That pursuant to Section 27 of the Ontario Heritage Act, 87 Scott Street, be listed on the
Municipal Heritage Register as anon-designated property of cultural heritage value or interest,
in accordance with the Statement of Significance attached as Appendix 'A' to Development
and Technical Services Department report DTS-10-116.
COUNCIL MINUTES
JUNE 28, 2010 - 205 - CITY OF KITCHENER
COMMITTEE OF THE WHOLE
A. BY-LAWS LISTED ON THE AGENDA - 2ND READING -
It was resolved:
"That the by-laws considered by this Committee be taken as read a second time and be
recommended for enactment."
B. ADMINISTRATIVE REPORTS -
1. Various Tenders
Dealt with under Delegations.
2. FIN-10-077 - Domestic Natural Gas Meter Replacement Program Contract
Extension
Council considered Financial Services Department report FIN-10-077 (D. Chapman),
dated June 16, 2010.
It was resolved:
"That the value of the Domestic Natural Gas Meter Replacement Program contract with
Lakeside Performance Gas Services Limited, be increased by $185,000. including
G.S.T., to comply with Measurement Canada's requirement to replace an additional
1,500 gas meters before the end of August 2010."
3. DTS-10-133 -Temporary Occupancy Request - 192 Activa Avenue -Brick by
Brick Developments Ltd.
Dealt with under Delegations.
4. DTS-10-134 -Park Dedication Policy
Council considered Development & Technical Services Department report DTS-10-134
(J. Willmer), dated June 22, 2010.
It was resolved:
"That the proposed policy attached to Development and Technical Services Department
report DTS-10-134 be approved as the City of Kitchener Park Dedication Policy."
5. DTS-10-136 -Declaration of Surplus Lands -Easement Conveyance to Hydro
One
Council considered Development & Technical Services Department report DTS-10-136
(S. Allen), dated June 23, 2010.
It was resolved:
"That the lands as set out on the attached Schedule "A" and legally described as Part of
Block 143, Plan 1600, to be further described on a Reference Plan, be declared surplus
to the City's needs and conveyed to Hydro One for purposes of creating an easement
over the subject lands; and,
That Legal Services be directed to transfer a permanent easement to Hydro One to
access an existing easement on the lands; and further,
That the Mayor and Clerk be authorized to execute the necessary documentation to
effect this transaction, said documentation to be to the satisfaction of the City Solicitor."
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JUNE 28, 2010
- 206 - CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. ADMINISTRATIVE REPORTS - (CONT'D)
6. CRPS-10-112 -Exemption to Chapter 450 (Noise) -Wyandotte Warriors
Council considered Corporate Services Department report CRPS-10-112 (S. Turner),
dated June 22, 2010.
It was resolved:
"That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be
granted to the Wyandotte Warriors for a street party on Wyandotte Court on August 21,
2010, between the hours of 2:00 PM and 10:00 PM."
7. CRPS-10-113 -Repeal of Chapter 134 (Lottery Licensing Officer)
Council considered Corporate Services Department report CRPS-10-113 (R. Gosse),
dated June 22, 2010.
At the request of Mr. R. Gosse, City Clerk, it was agreed to amend the staff
recommendation to provide that a by-law to repeal Chapter 134 of the Municipal Code
be given first and second reading and stand for enactment this date.
It was resolved:
"That Chapter 134 of The City of Kitchener Municipal Code (Lottery Licensing Officer)
be repealed; and further,
That a by-law to repeal Chapter 134 of the Municipal Code be given first and second
readings and be recommended for enactment."
8. CRPS-10-114 -Acceptance of Easement -Valley View Heights Ltd.
Council considered Corporate Services Department report CRPS-10-114 (L.
MacDonald), dated June 23, 2010.
It was resolved:
"That The Corporation of the City of Kitchener accept and register an easement in its
favour for purposes of gas transmission over the lands legally described as Part of
Block 74, Plan 58RM-479, being Parts 43, 52, 77 & 79 on Plan 58R-16807; and further,
That the Mayor and Clerk be authorized to execute the necessary documentation to
effect this transaction, said documentation to be to the satisfaction of the City Solicitor."
9. CRPS-10-115 -Request for Permission to Operate Downtown Sidewalk Patio -
Dandy's, 85 Kinq Street West - 2010 Season and/or Cruising on Kinq Event
Dealt with under Delegations.
10. CRPS-10-116 -Encroachment Agreement - 1760 Strasburg Road
Council considered Corporate Services Department report CRPS-10-116 (J. Sheryer),
dated June 22, 2010.
It was resolved:
"That subject to obtaining all necessary staff approvals, the Mayor and Clerk be
authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor,
with the property owner(s) and any mortgagee(s) of the property municipally known as
1760 Strasburg Rd. to permit the installation of a temporary parking lot over a portion of
COUNCIL MINUTES
JUNE 28, 2010
- 207 - CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. ADMINISTRATIVE REPORTS - (CONT'D)
10. CRPS-10-116 -Encroachment Agreement - 1760 Strasburg Road (Cont'd)
City owned land as described in PIN 22607-0040 LT, being an approximate area of .32
acres; and further,
That Council waives the requirement of entering into a site plan agreement as set out in
Policy I-995 that deals with temporary parking lots provided that such use does not
extend beyond February 2011."
11. CRPS-10-117 -Execution of Engineering Expectation Agreement -Subdivisions
Council considered Corporate Services Department report CRPS-10-117 (L.
MacDonald), dated June 23, 2010.
It was resolved:
"That the General Manager of Development and Technical Services or his designate be
authorized to execute on behalf of the City, the Engineering Expectation Agreement
with the subdividers and their engineering consultants regarding the City's engineering
expectations for the development of subdivisions under the City's Development Manual;
said agreements to be to the satisfaction of the City Solicitor."
12. CRPS-10-119 -Land Exchange Agreement
Dealt with under Delegations.
13. CRPS-10-121 -Execution of Various Agreements -Civic District Parking Garage
Council considered Corporate Services Department report CRPS-10-121 (L.
MacDonald), dated June 23, 2010.
It was resolved:
"That the Mayor and Clerk be authorized to execute a license agreement with the
Regional Municipality of Waterloo for the construction of a part of the Civic District
parking garage and its appurtenances on a portion of abutting land owned by the
Regional Municipality of Waterloo; said agreement to be to the satisfaction of the City
Solicitor; and,
That the Mayor and Clerk be authorized to execute a license agreement with the
Regional Municipality of Waterloo to permit the installation of a Regional bus shelter on
City property at the corner of Ahrens Street and Queen Street North; said agreement to
be to the satisfaction of the City Solicitor; and,
That the Mayor and Clerk be authorized to execute a limiting distance agreement with
the Regional Municipality of Waterloo pursuant to the Building Code to establish the
appropriate distance separations from the adjacent property in the construction of the
addition to the Kitchener Public Library; said agreement to be to the satisfaction of the
City Solicitor; and further,
That the Mayor and Clerk be authorized to execute an agreement with the Regional
Municipality of Waterloo for the construction of an emergency generator room for the
Region at their cost; said agreement to be to the satisfaction of the City Solicitor."
14. CSD-10-043 -Park Master Plan
Dealt with under Delegations.
COUNCIL MINUTES
JUNE 28, 2010
- 208 - CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. ADMINISTRATIVE REPORTS - (CONT'D)
15. CSD-10-051 -Agreement to Install Retaining Wall -Morgan Avenue
Council considered Community Services Department report CSD-10-051 (S. Ross /A.
Grafstein /S. Josic), dated June 23, 2010.
It was resolved:
"That subject to obtaining all necessary staff and third party approvals, the Mayor and
Clerk be authorized to execute an Access and License Agreement, satisfactory to the
City Solicitor, with all appropriate parties with respect to the installation and
maintenance of the Morgan Avenue Mural Project on a retaining wall located on the
City's road allowance, Hydro One lands and 191 Morgan Ave., if applicable; and further,
That any City-imposed application fees be waived in the circumstances."
16. CRPS-10-118 -Lease Agreement -Box 690 Fire Department Canteen Association
Council considered Corporate Services Department report CRPS-10-118 (T. Beckett /
S. Williams), dated June 23, 2010.
It was resolved:
"That the Mayor and Clerk be authorized to execute a Lease Agreement with Box 690
Fire Department Canteen Association ("Box 690"), for the purpose of leasing a
rehabilitation vehicle owned by the Corporation of the City of Kitchener (the "City") to
Box 690, said Lease Agreement to be subject to the satisfaction of the City Solicitor."
17. CRPS-10-122 -Project Management Position
Council considered Corporate Services Department report CRPS-10-122 (T. Speck),
dated June 23, 2010.
It was resolved:
"That the creation of a new full-time equivalent (FTE) position for a Director of Project
Integration and Coordination, be approved; and,
That the transfer of the Project Costing fund from the capital budget to the operating
budget be approved; and further,
That funding the Director of Project Integration and Coordination position from the
transferred Project Costing funds, with the balance to be found through the 2011 budget
submission, be approved."
18. Agreements -Property Owners of 221-225 King Street West and 227 King Street
West
Council considered this date Chief Administrator's report CAO-10-028 (R. Regier),
dated June 28, 2010.
It was resolved:
"That the Mayor and Clerk be authorized to execute agreements with the property
owners of 221-225 King Street West and 227 King Street West respectively to secure
use of each property for a public use in keeping with the downtown, on terms and
conditions satisfactory to the Chief Administrative Officer; said agreements to be to the
satisfaction of the City Solicitor."
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JUNE 28, 2010
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COMMITTEE OF THE WHOLE
B. ADMINISTRATIVE REPORTS - (CONT'D)
19. License Agreement -The Boathouse
Council considered a matter arising from in-camera discussion this date concerning a
license agreement for The Boathouse facility.
It was resolved:
"That the Mayor and Clerk be authorized to execute a license agreement with the
operator of the Boathouse in accordance with the direction given in-camera this date;
said agreement to be to the satisfaction of the City Solicitor."
20. Committee of Adjustment -Sign Variances
Council considered this date Corporate Services Department report CRPS-10-123 (D.
Gilchrist), dated June 25, 2010.
It was resolved:
"That the application of PRC - Fieldgate Commercial (SG 2010-012 - 235 Ira Needles
Blvd) requesting permission to erect a ground supported sign to have a height of
10.36m (33.98') rather than the permitted 7.5m (24.6') and an area of 31.6 sq. m.
(340.15 sq. ft.) rather than the permitted maximum of 20 sq. m. (215.28 sq. ft.), on Part
Lot 38, German Company Tract, 235 Ira Needles Boulevard, Kitchener, Ontario, BE
APPROVED, subject to the following conditions:
1. That the owner shall apply for and receive approval of a sign permit from the City
of Kitchener prior to erecting the sign.
2. That a maximum of two additional ground supported signs may be permitted on
this property provided they meet the required minimum distance separation of 50
metres from another ground supported sign on the same lot.
3. That the municipal address of the property shall be located a minimum of 0.9
metres above grade."
- and -
"That the application of 1244507 Ontario Inc. (SG 2010-013 - 403-409 Highland Road
West) requesting permission to alter an existing ground supported sign to include
automatic changing copy, which will be located 50m (164.04') from the closest
residential zone rather than the required 150m (492.12') and 6m (19.68') from the
intersection of Highland Road and Butler Lane rather than the required 23m (74.67'), on
Lots 39 & 40, Plan 786, Part Lot 20, German Company Tract, being Parts 1, 3 &4,
Reference Plan 58R-1543, 403-409 Highland Road West, Kitchener, Ontario, BE
APPROVED, subject to the following condition:
1. That the owner shall apply for and receive approval of a sign permit from the City
of Kitchener prior to erecting the sign."
- and -
"That the application of P.G.L Holdings Inc. (SG 2010-014 - 334 Manitou Drive)
requesting permission to replace an existing billboard structure containing 4 faces with a
new billboard structure containing 2 faces, one of which to have automatic changing
copy, with the automatic changing copy portion of the billboard to have an area of 21.4
sq. m. (230.35 sq. ft.) rather than the permitted maximum of 20 sq. m. (215.28 sq. ft.), to
be located 196m (643') from another billboard sign rather than the required separation
of 300m (984.25'), on Part Lots 3, 5 & 6, Plan 1521, 334 Manitou Drive, Kitchener,
Ontario, BE APPROVED, subject to the following conditions:
COUNCIL MINUTES
JUNE 28, 2010
- 210 - CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. ADMINISTRATIVE REPORTS - (CONT'D)
20. Committee of Adjustment -Sign Variances (Cont'd)
1. That the owner shall remove the existing billboard sign located at 334 Manitou
Drive.
2. That the owner/applicant shall apply for and receive approval of a sign permit
from the City of Kitchener prior to erecting the proposed billboard sign.
3. That the owner shall obtain a permit from the Grand River Conservation Authority
prior to erecting the proposed billboard sign, if required."
- and -
"That the application of The INCC Corp. (SG 2010-016 -Ira Needles Boulevard)
requesting permission to erect 2 ground supported signs that will not contain the
municipal address of the property on which they are to be located, contrary to the Sign
By-law; and, permission for each of the 2 signs to have an area of 31.4 sq. m. (338 sq.
ft.) rather than the permitted 20 sq. m. (215.28 sq. ft.), and a height of 9.45m (31') rather
then the permitted 7.5m (24.6'), on Part Lot 39, German Company Tract, Ira Needles
Boulevard, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1. That the owner/applicant shall apply for and receive approval of a sign permit
from the City of Kitchener prior to erecting the signs.
2. That there shall be no more than 2 ground supported signs on the portion of this
property located within the City of Kitchener.