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HomeMy WebLinkAboutDev & Tech Svcs - 2010-08-23DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 23, 2010 CITY OF KITCHENER The Development and Technical Services Committee met this date, commencing at 6:24 p.m. Present: Councillor C. Weylie - Chair Mayor C. Zehr and Councillors J. Smola, J. Gazzola, K. Galloway and B. Vrbanovic Staff: C. Ladd, Chief Administrative Officer J. Willmer, Interim General Manager, Development & Technical Services A. Pinard, Interim Director of Planning G. Murphy, Director of Engineering J. McBride, Director of Transportation Planning T. Beckett, Fire Chief S. Usher, Deputy Fire Chief S. Ross, Assistant City Solicitor B. Korah, Manager, Development Engineering B. Sloan, Interim Manager, Long Range Planning D. Ross, Manager, Development Review R. Schirm, Supervisor of Crossing Guards B. Page, Supervisor, Site Development N. Gollan, C.E.T., Development Engineering A. Pinnell, Planner H. Holbrook, Planner E. Brown, Planner C. Musselman, Senior Environmental Planner D. Gilchrist, Committee Administrator DTS-10-153 -PERTH ROAD -TRAFFIC CALMING STUDY - EXPAND STUDY The Committee considered Development & Technical Services Department report DTS-10- 153, dated August 3, 2010, recommending that the traffic calming review for Perth Road be expanded. On motion by Mayor C. Zehr - it was resolved: "That the scope of the Traffic Calming Review for Perth Road be expanded to include the neighbourhood road network of Glen Road, South Drive, Pleasant Avenue and Belmont Avenue East." DTS-10-146 -DEMOLITION CONTROL APPLICATION - DC10/07/H/GS - 645 HIDDEN VALLEY ROAD - WERNER LEYSCHNER (FOR LARRY SCHROEDER) The Committee considered Development & 146, dated August 11, 2010, recommending application for 645 Hidden Valley Road. On motion by Mayor C. Zehr - it was resolved: Technical Services Department report DTS-10- conditional approval of the demolition control "That Demolition Control Application DC10/07/H/GS requesting permission to demolish a single detached dwelling municipally addressed as 645 Hidden Valley Drive and legally described as Plan 1523 Lot 8 RP 58R-3560 PT 1 & 2 RP 58R-3752 Pt 1, be approved subject to the following conditions: That the Applicant 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: QW9gIto] U►Yil:110111Elm 9xyaLI[NlI&IA:INIy*YKe]LVA ILYiINad:11Q►YiIILI Lei 9*1 AUGUST 23, 2010 -78- CITY OF KITCHENER DTS-10-146 -DEMOLITION CONTROL APPLICATION - DC10/07/H/GS - 645 HIDDEN VALLEY ROAD - WERNER LEYSCHNER (FOR LARRY SCHROEDER) (CONT'D) 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." DTS-10-151 -CITY OF KITCHENER DEVELOPMENT MANUAL - - AMENDMENT TO THE PURCHASE ORDER FOR CONSULTING SERVICES The Committee considered Development & Technical Services Department report DTS-10- 151, dated August 9, 2010, recommending that the purchase order for consulting services for the City's Development Manual be expanded. On motion by Mayor C. Zehr - it was resolved: "That an extension of the Purchase Order for consulting services to AMEC Earth and Environmental for the additional amount of $8992.89 plus applicable taxes (GST) for completing the Development Manual be approved." DTS-10-144 - CYCLING MASTER PLAN The Committee considered Development & Technical Services Department report DTS-10- 144, dated July 21, 2010, recommending approval in principle for the Cycling Master Plan for the 21St Century and that the associated financial considerations be deferred to the 2011 Budget Review. Mr. R. Schirm introduced the staff report and introduced Ms. N. Moores of the IBI Group, the City's consultant on this project, who presented the Cycling Master Plan. Mayor Zehr questioned whether conflicts that arise when pedestrians and cyclists use the same paths or trails had been taken into consideration. Ms. Moores advised that the conflict will be covered in the trails master plan. She stated that people are quite happy with the trails and safety on boulevard trails has been covered in the Cycling Master Plan. A question was raised as to whether there is a bias toward commuter cyclists as compared to recreational cyclists; as those who do not cycle often want safer and comfortable places to cycle. Mr. Schirm advised that one of the priorities identified this process was not to cater to commuter cyclists. It was decided to target the 60% of people who are interested in cycling but do not feel comfortable with the current circumstances. Further, staff are interested in using the existing infrastructure without major changes. Mayor Zehr then referred to page E6 of the master plan document which states that cycling should be "restricted" on freeways, suggesting the word "prohibited" instead. Councillor Vrbanovic noted cycling tracks, as included in the master plan, which suggests 8 km be installed over the long run and 1 km in the next 6 to 10 years. Ms. Moores reviewed the details in designing a cycle track and noted that the 8 km will be on very busy roads; providing examples in other cities and nothing that they are located adjacent to the road. Councillor Vrbanovic stated that he would really like to encourage cycling tracks on major roads such as Fisher - Hallman Road. Mr. Schirm advised that they have been incorporated in the design for the reconstruction of Huron Road and Blockline Road. He further advised that these major roads are regional roads and staff is trying to encourage other jurisdictions to incorporate them in road construction projects. Also, the roads have to be chosen wisely, as they can not be located on roads with a lot of driveways or intersections for safety reasons. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 23, 2010 -79- CITY OF KITCHENER 4. DTS-10-144 - CYCLING MASTER PLAN (CONT'D) Councillor Galloway questioned winter controls for trails. Ms. Moores referred to page E-10 of the master plan, noting that a clear trail hierarchy system needs to be established through the Trail Master Plan. Mr. Schirm advised that the City currently clears the Iron Horse Trail and school routes. Councillor Galloway commented that more needs to be done to market this to the cycling community. On motion by Councillor B. Vrbanovic - it was resolved: "That the 2010 Cycling Master Plan entitled Cycling Master Plan for the 21st Century as attached to Development and Technical Services Department report DTS-10-144 be approved in principle; and, That annual funding of $200,000 to implement the Cycling Master Plan be referred to the 2011 Capital Budget review; and, That annual funding be increased to $300,000 in 2015 and be referred to the 2011 Capital Budget review; and further, That a Transportation Demand Management Coordinator position be referred to the 2011 Operating Budget review to implement and manage the Cycling Master Plan along with other Transportation Demand Management initiatives." DTS-10-152 -STANDARDS OF RESPONSE COVERAGE - KITCHENER FIRE DEPARTMENT The Committee considered Development & Technical Services Department report DTS-10- 152, dated August 11, 2010, recommending that the document titled Standards of Cover, dated August 2010, be adopted. The Chair agreed to hear Ms. Klink's presentation on the report on Fire Department's Standard of Cover, even though consideration of the report will be adjourned until later in this meeting, because of timing issues. Ms. Klink noted that she had brought her concerns forward to City Council in May of this year. She stated that she has read the current staff report and advised that she is very disappointed there is no recommendation in it with respect to sharing fire services between municipalities. The report merely states that the possibility of automatic aid be left with each municipality to decide what they want to do. Ms. Klink noted that Kitchener and Waterloo share emergency services and she questioned why they would not also share fire services. The city boundaries should be irrelevant where lives are concerned. She suggested that the current situation is not logical and questioned why the closest fire station would not respond regardless of which city it is in. Ms. Klink then commented on the Direct Detect fire alarm monitoring. She advised that someone came and repaired their Direct Detect and that person told them the system is not reliable and they should call 911 in case of a fire. She also advised that there are many neighbours who turn off their Direct Detect when they are cooking. Also, there are many older homes in the City beyond the optimum response time that do not have Direct Detect. She stated that in her subdivision they should not be mandated to have this system; instead, there should be automatic aid between Kitchener and Waterloo. Ms. Klink also advised that she has not received answers to these questions, which she asked at Council back in May. Mr. T. Beckett responded to Ms. Klink's concerns advising that the requirement for Direct Detect in some new subdivisions came about as a result of an August 6, 1996 resolution of Council. The resolution stated that new subdivisions located beyond a 4 - 5 minute response time would be required to have Direct Detect installed in each home. He stated that at this time, there are no planned fire stations for the Deer Ridge area or the Bridgeport area. Respecting costs of the Direct Detect system, Mr. Beckett advised that although tax dollars paid the initial costs, the program is now operated on a cost recovery basis. With respect to DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 23, 2010 -80- CITY OF KITCHENER 5. DTS-10-152 -STANDARDS OF RESPONSE COVERAGE - KITCHENER FIRE DEPARTMENT (CONT'D) Ms. Klink's comments about the advice received from the repair person, Mr. Beckett stated that everyone with Direct Detect is still advised that once they are out of the building, they call 911, as Fire Department staff do not know if the Bell line or the internet is down. Mr. Beckett then responded to Ms. Klink's concerns regarding an automatic aid agreement. He advised that we currently have an automatic aid agreement with the Township of Wilmot for the Mannheim area, and Cambridge and Waterloo have identified fringe areas. There have been difficulties with negotiation over costs and labour relations. There may also be liability issues, for example, if Kitchener responds to a fire in Waterloo, and there is a fire in Kitchener, is there a liability if fire fighters can not get to the Kitchener fire in a timely manner. He advised that prior to any automatic aid agreement the implications have to be thoroughly explored. Further, we can not force the other municipalities into such an agreement. In response to Ms. Klink's question about older homes not having to pay for Direct Detect, Mr. J. Willmer advised that the only way the City can require the installation of Direct Detect in a house is through a subdivision agreement. Councillor Vrbanovic questioned whether there are automatic aid agreements between urban municipalities elsewhere and Mr. Beckett advised that there are not, the reason being labour relations issues. PUBLIC HEARING MATTERS UNDER THE PLANNING ACT The Chair read aloud the following statement: "This is a formal public meeting to consider applications under the Planning Act. If a person or public body does not make oral or written submissions to the City of Kitchener before the proposed applications are considered, the person or public body is not entitled to appeal the decision to the Ontario Municipal Board and may not be added as a party to a hearing of an appeal before the Ontario Municipal Board." DTS-10-150 -OLD HURON ROAD ENVIRONMENTAL ASSESSMENT The Committee considered Development & Technical Services Department report DTS-10- 150, dated August 17, 2010, respecting the environmental study report for closure of a portion of Old Huron Road, the relocation of Old Huron Road cul-de-sac, and a land exchange with Hallman Construction Ltd. Mr. S. Peterson, MTE Consultants, presented the Environmental Assessment Study Report. Mr. N. Gollan then presented the staff report noting that there is an agreement with the developer for the land exchange. He advised that if Council approves the staff recommendation, staff will proceed to finalize the study and file it with the Ministry of the Environment for the mandatory 30 day review period. Councillor Galloway questioned whether the same amount of land will be required for a roundabout as for a signalized intersection. Mr. Korah advised that a roundabout design of intersection will be installed, which has been approved by Council. He stated that no one came forward to Council with any objections, so Council approve a roundabout and staff went forward and designed it. Staff has also held a public information session in this regard, prior to this evenings meeting. Mr. Korah advised that staff have not received any comments from the public either way. Mr. Peterson advised that 6 people attended the public meeting and no one objected. Mr. P. Britton, MHBC Planning, was in attendance on behalf of Hallman Construction. He advised that he supports the preferred alternative. He advised that this is the 3rd process that has involved the public and there was direct neighbourhood consultation for the design brief. He stated that this proposal represents a win/win situation. The City wanted to move forward; this recommendation ensures consolidation of the land; and, it is cash neutral for the City. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 23, 2010 -81- CITY OF KITCHENER 6. DTS-10-150 -OLD HURON ROAD ENVIRONMENTAL ASSESSMENT (CONT'D) Councillor Galloway questioned whether as much land would be needed for a signalized intersection as for a roundabout and was advised that the required amount of land would be the same. Councillor Galloway put forward a motion to defer consideration of this matter to the Council meeting of September 7, 2010, as she wants to review her notes concerning the roundabout. Councillor Vrbanovic stated that letters should be sent to those people who have been part of this process. On motion by Councillor K. Galloway - it was resolved: "That consideration of the following recommendation contained in Development and Technical Services Department report DTS-10-150 be deferred to the Council meeting of September 7, 2010, to allow staff an opportunity to write to those residents who have shown an interest in this matter, inviting them to attend the Council meeting: 'That the Old Huron Road Cul -de -Sac Reconfiguration/Relocation Closure of Old Huron Road Environmental Study Report (ESR) prepared by MTE Consultants Inc., dated August 9, 2010 be received and filed with the Ministry of Environment for the mandatory thirty (30) day review period as required by the Environmental Assessment (EA) Act; and, That the Mayor and Clerk be authorized to execute a Land Exchange Agreement with Hallman Construction Ltd. to convey the parcel of land south westerly of the existing Old Huron Road cul-de-sac described as Parts 1, 2, 3, 4, 11, 12, 13, 14, & 15 in exchange for the parcel of land abutting the southern edge of Huron Road described as Parts 16, 17, 18 & 19 on the attached Land Exchange Plan (Appendix A); said Agreement to be to the satisfaction of the City Solicitor; and, That the parcel of land described as Parts 1, 2, 3, 4, 11, 12, 13, 14, & 15 on the attached Land Exchange Plan (Appendix A) be declared surplus to the City's needs; and, That the City reserve an easement over a portion of the lands to be conveyed to Hallman Construction for the purposes of retaining the existing pressurized gas main and other services; and further, That the Mayor and Clerk be authorized to execute any documentation in this regard required by and to the satisfaction of the City Solicitor.' DTS-10-140 - ZONE CHANGE APPLICATION - ZC06/28/H/BS - HURON COMMUNITY PLAN AMENDMENT - MODIFICATION TO DESIGN BRIEF FOR HURON/ STRASBURG MIXED USE NODE - HURON AND STRASBURG ROAD (SW CORNER) - HALLMAN CONSTRUCTION LTD. The Committee considered Development & Technical Services Department report DTS-10- 140, dated August 13, 2010, respecting a zone change application, Huron Community Plan Amendment and modification to the design brief for the property at the south west corner of Huron Road and Strasburg Road. The Committee was also in receipt, this date, of electronic correspondence from: Ms. Y. Fernandes, Mr. B. Kussner, Weir Foulds LLP, on behalf of RioCan Property Services Inc.; and, Mr. J. Alati, Davies Howe Partners, on behalf of Becker Estates Inc., respecting this zone change application, community plan amendment and modification to the design brief. Mr. A. Pinnell presented the staff report noting that the proposal is to develop a commercial plaza in a Neighbourhood Shopping Centre Zone. Special Regulations will be imposed and a Special Use Provision because this land is in a Wellhead Protection Area. The Region will not DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 23. 2010 -82- CITY OF KITCHENER 7. DTS-10-140 - ZONE CHANGE APPLICATION - ZC06/28/H/BS - HURON COMMUNITY PLAN AMENDMENT - MODIFICATION TO DESIGN BRIEF FOR HURON/ STRASBURG MIXED USE NODE - HURON AND STRASBURG ROAD (SW CORNER) - HALLMAN CONSTRUCTION LTD. (CONT'D) support a gas station on this property but will support a gas bar. The staff's opinion is that the zone change implements the Official Plan designation and an Official Plan Amendment is not required. Mr. Pinnell recognized the written submission received by the Committee noting that one of them contains environmental concerns. He advised that currently a gas station is permitted on this property but with the rezoning only a gas bar will be permitted. Councillor Galloway questioned when the current zoning was put on the property and was advised that it was part of the comprehensive City wide zoning approved by Council in 1994. Councillor Galloway noted that environmental concerns have changed since then. Mr. Pinnell advised that there has been no change to the City's Official Plan but the Region's Official Plan, when approved, may have new environmental standards. Mr. Pinnell responded to questions from Councilor Vrbanovic advising that the wellhead is to the east of this property. He also advised that a gas bar is supported by the Region and not a gas station because a gas station also does automobile repairs and maintenance which has a greater possibility of spills. He also advised that the concerns expressed by Ms. Fernandes in her written submission are addressed in the staff report. Councillor Vrbanovic questioned "best practices". Mr. J. Willmer responded that there are structural best practices and operational best practices. Structural best practices are physical and much more reliable. Operational best practices require an element of faith, so staff relies on structural best practices. Best structural practices will be reviewed and applied at the site plan stage. Ms. D. Ross confirmed that the Region will comment on the site plan respecting Ministry of the Environment standards. Councillor Galloway questioned whether the neighbours were advised of this meeting and specifically about the gas bar use. Mr. Pinnell advised that he will investigate the letter sent to the neighbours and advice. Ms. G. Quinn addressed the Committee advising of her environmental concerns, stating that the gas bar will be too close to the Strasburg Creek. She stated that the water table is so high that it may have to be dewatered. She stated that she heard that the gas tank can not go underground because of the water table. Ms. Quinn then noted that the Greenbrook wells are not back in service, the Ottawa Street dump took 40 years to resolve; so it is our responsibility to protect this area. Respecting public participation, Ms. Quinn noted that many people are still on summer vacation and do not know about this meeting. She then asked that the Committee to defer its decision on this matter until there is a better understanding of how this gas bar will affect the environment. Mr. Alati, Davis Howe Partners, author of one of the letters received by the Committee, was in attendance on behalf of his clients Becker Estates Inc. He stated that he has a concern from a process point of view. He advised that development of certain blocks of land has been deferred because the City is involved in Fischer -Hallman corridor studies and other developers have agreed to the process and timelines. Back in 2008, all commercial applications were subject to a comprehensive commercial review and this application should also be subject to a review. Consideration of this application should be deferred for a comprehensive commercial review. He then advised that this land is designated B2 in the Kitchener Growth Management Strategy and it also requires a community plan amendment as well as a zone change; more importantly, the zone change provides for a greater range of retail uses. In response to questions from Mayor Zehr about the part of the land to be zoned Hazard Land, Mr. Pinnell advised that this land was severed from the church. Work was done to define the limits of the floodplain and the current zoning on the floodplain is out of date. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 23. 2010 -83- CITY OF KITCHENER 7. DTS-10-140 - ZONE CHANGE APPLICATION - ZC06/28/H/BS - HURON COMMUNITY PLAN AMENDMENT - MODIFICATION TO DESIGN BRIEF FOR HURON/ STRASBURG MIXED USE NODE - HURON AND STRASBURG ROAD (SW CORNER) - HALLMAN CONSTRUCTION LTD. (CONT'D) Mr. Pinnard advised that it is appropriate to make a decision on this zone change. These lands and the land spoken about by Mr. Alati are subject to 2 different planning regimes, and for the other lands, the South West Urban studies are still required and are underway. Further, regarding notice to residents, staff provides the meeting information for both this Committee and Council during the summer months. Neighbours are also advised of the availability of the staff report, and the staff report states that a gas bar is a proposed use. Mr. P. Britton, MHBC Planning, was in attendance on behalf of Hallman Construction, advising that he is in support of the staff recommendation and the staff rational. In response to Councillor Galloway's comment about process, Mr. Britton advised that Council has an approved public participation policy and form of notice and he requested that this application not be treated any differently. With respect to Mr. Alati's comments, Mr. Britton advised that the Huron Community Plan predates the Official Plan designation and the Community Plan was adopted by resolution of Council. He stated that there are fundamental differences between this application and the Fischer-Hallman/Huron Road properties. The Committee was provided this date with a memorandum from Mr. Britton, along with background information outlining 9 reasons not to support the Becker Estates Inc./Schlegal request to delay this zone change application. He advised that this zone change has been in process since 2006 and the lands are within a designated Mixed Use Node. Staff has advised that the zone change complies with the Official Plan policies. Further, the interim control by-law does not apply to his client's land. Mr. Alati's clients are trying to include the subject lands into the South West Urban Study which is inappropriate. Mr. Britton advised that the land is appropriately designated in the Official Plan and there is no proposal to expand the Mixed Use Node. He stated that the zone change implements the Official Plan. He requested that the Committee reject Mr. Alati's proposal to defer consideration of this application. In response to the comments from Ms. Fernandes and Ms. Quinn, Mr. Britton advised that he tried to meet with Ms. Fernandes but her schedule did not allow it. He advised that currently, a service station and other industrial uses are permitted. The zone change removes a lot of these uses. With respect to the gas bar, there are structural best practices and provincial standards that apply and the Chief Building Official has obligations there under; also, structural best practices will be considered through the site plan approval process. Respecting storms and storm flows, Mr. Britton advised that he will work with the Grand River Conservation Authority regarding a storm water management pond for the church. Mr. Britton asked that the Committee support the staff recommendation and rational. In response to questions from Councillor Galloway, Mr. Britton advised that the grocery store has always been intended in its current location, in the southeast corner of Site 1. He stated that the community wants the grocery store on Site I; also, because of the neighbours, the gas bar will be located on Site 2. Councillor Galloway directed that she be provided with a copy of the original design brief as approved by Council. In response to questions from Councillor Vrbanovic, Mr. Britton advised that the location for the gas bar has been chosen because it is one of the farthest locations from the residents and from the wellhead protection area; as the wellhead is on Biehn Drive. Staff has requested that the building mass be located on Huron Road to create a gateway. He then advised that, respecting the gas bar, other governing bodies require spill containment, concrete pads and concrete containment, which the Chief Building Official will take account of. The province has regulations respecting the handling of gas. Site features will be regulated by the City with input from the Region and the Chief Building Official will have to be satisfied prior to the issuance of a building permit. Further, long term monitoring is undertaken by a provincial body. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 23, 2010 -84- CITY OF KITCHENER 7. DTS-10-140 - ZONE CHANGE APPLICATION - ZC06/28/H/BS - HURON COMMUNITY PLAN AMENDMENT - MODIFICATION TO DESIGN BRIEF FOR HURON/ STRASBURG MIXED USE NODE - HURON AND STRASBURG ROAD (SW CORNER) - HALLMAN CONSTRUCTION LTD. (CONT'D) Councillor Galloway put forward a motion to defer consideration of this matter to the Council meeting scheduled for September 7, 2010 to make sure the residents know there will be a gas bar on this property, which was voted on and lost. Councillor Vrbanovic then put forward a motion to defer consideration of this matter to the Development and Technical Services Committee meeting of September 13, 2010. Councillor Galloway advised that she will work with staff and ensure that the residents know the nature of the zone change. On motion by Councillor B. Vrbanovic - it was resolved: "That consideration of the recommendations contained in Development and Technical Services Department report DTS-10-140 (Zone Change Application ZC06/28/H/BS, Huron Community Plan Amendment And Modification To Design Brief For Huron Strasburg Mixed Use Node SW Corner Of Huron And Strasburg Road - Hallman Construction Ltd.) be referred to the Development and Technical Services Committee meeting of September 13, 2010, to allow staff an opportunity to notify the area residents that the purpose of the zone change is to permit a gas bar on this property." DTS-10-143 -DRAFT PLAN OF SUBDIVISION -30T-10201 - ZONE CHANGE APPLICATION - ZC08/30/H/EB - 771 HURON ROAD - DEERFIELD HOMES LTD. The Committee considered Development & Technical Services Department report DTS-10- 143, dated July 27, 2010, recommending approval of a zone change and draft plan of subdivision for 771 Huron Road. Ms. E. Brown presented this staff report. Councillor K. Galloway questioned whether the potential widening of Huron Road was taken into consideration with this subdivision and Ms. Brown advised that the widening was taken into consideration. Respecting development of the remainder of the land and excess water, Ms. D. Ross advised that the owner will have to ensure the drainage is handled within the property. Mayor Zehr noted that with this townhouse development, there is no opportunity for on -street parking and Ms. Brown advised that the developer will provide an area for off-street parking available to all the people who live on this street. Mayor Zehr questioned the rezoning from Restricted Business Park Zone (B2) to Residential Six Zone. Ms. Ross advised that when approving the subdivision to the west, it was always contemplated that this land would be a residential subdivision. Mayor Zehr stated that there is residential zoning to the north and north west, but beyond that, down Huron Road, there are commercial and industrial uses. He stated his concern about having residential uses around the hydro station. Ms. Ross advised that staff will investigate the appropriateness of residential around the hydro station at a future time; however, that was the concept previously. Mayor Zehr questioned the vacant R-3 land and Ms. Ross stated that there is a holding provision on that land, probably for services. Mr. Willmer advised that this whole area was zoned Business Park, then parcel by parcel it was being rezoned. The secondary plan was rewritten to redesignate these lands; further, the Official Plan was rewritten a number of years ago to anticipate residential development in this area. As for the hydro station, Mr. Willmer advised the property is large enough to address any concerns. Q :LTJ gIto] U►Yil:110111Elm 9xyaLI[NlI&IA:INIy*YKe]LVA ILYiINad:11Q►YiIILI Lei 9*1 AUGUST 23, 2010 -85- CITY OF KITCHENER DTS-10-143 - DRAFT PLAN OF SUBDIVISION - 30T-10201 - ZONE CHANGE APPLICATION - ZC08/30/H/EB - 771 HURON ROAD - DEERFIELD HOMES LTD. (CONT'D) Mr. P. Britton, MHBC Planning was in attendance on behalf of Deerfield Homes in support of these applications, and in support of the staff recommendation. He advised that a noise study was undertaken and the developer will provide the required noise attenuation measures. The developer will also dedicate the necessary land for Huron Road. Mayor Zehr questioned whether garages would be the dominant feature at the front of these houses and Mr. Britton advised that both garages and living space will be seen at the front of these homes and through the site plan approval process, staff will safeguard the streetscape. He also advised that the parking lot will be available for use by the entire street and it will be a common element condominium. Councillor Galloway questioned the park location on Huron Road and Mr. Britton responded that the park location has been chosen having regard to the whole community, so that parks are evenly distributed throughout the whole community. Ms. Brown advised that Parks staff requested this specific location because it is anticipated that there will be a school site across the street. Councillor Galloway directed that staff re-evaluated the location for the park, as Huron Road will be a 4 lane road. On motion by Councillor K. Galloway - it was resolved: "That Zone Change Application ZC 08/30/H/EB for Deerfield Homes Ltd. (771 Huron Road) requesting a change in zoning from Restricted Business Park Zone (B-2) to Residential Six Zone (R-6), Open Space Zone (P-2) and Public Park Zone (P-1) on the parcel of land specified and illustrated as the 'Subject Area' on Map No. 1, be approved in the form shown in the "Proposed By-law" dated July 27, 2010, attached to Development and Technical Services Department report DTS-10-143 as Appendix C; and further, That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-10201, in the City of Kitchener, for Deerfield Homes Ltd., subject to the conditions contained in Development and Technical Services Department report DTS-10-143." DTS-10-148 -PROVINCIAL POLICY STATEMENT REVIEW RESPONSE The Committee considered Development & Technical Services Department report DTS-10- 148, dated August 16, 2010, providing comments for the provincial review of the Provincial Policy Statement, 2005. Mr. A. Pinard presented this report. On motion by Councillor J. Smola - it was resolved: "That Development and Technical Services Department report DTS-10-148 entitled Provincial Policy Statement Review Response be received for information and staff submit the comments on the five-year review of the Provincial Policy Statement, 2005 contained within report DTS-10-148 to the Ministry of Municipal Affairs and Housing." 10. DTS-10-138 -HOUSEKEEPING CHANGES TO ZONING BY-LAW 85-1 - SECTION 5.15 - EXISTING RESIDENTIAL AND DOWNOTWN POLICY - CITY INITIATED The Committee considered Development & Technical Services Department report DTS-10- 138, dated July 29, 2010, recommending approval of a zone change application that would amend section 5.15 of By-law 85.1. The report notes that this rezoning will allow for the establishment of a new permitted use in a non-residential building that existed on or before October 11, 1994. Ms. H. Holbrook presented this report. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 23, 2010 -86- CITY OF KITCHENER 10. DTS-10-138 -HOUSEKEEPING CHANGES TO ZONING BY-LAW 85-1 - SECTION 5.15 - EXISTING RESIDENTIAL AND DOWNOTWN POLICY - CITY INITIATED (CONT'D) On motion by Mayor C. Zehr - it was resolved: "That City -initiated Zone Change ZC 10/05/COK/HH, being an amendment to Section 5.15 of By -Law Number 85-1 for the purpose of deeming non-residential uses for existing buildings to comply in certain circumstances, be approved, in the form shown in the attached "Proposed By -Law" dated July 29, 2010 attached as Appendix A to Development and Technical Services Department report DTS-10-138." 11. DTS-10-111 -ZONE CHANGE APPLICATION - ZC09/08/COK/HH - OFFICIAL PLAN AMENDMENT - OP09/04/COK/HH - KING STREET EAST MIXED USE CORRIDOR The Committee considered Development & Technical Services Department report DTS-10- 111, dated July 26, 2010, recommending a zone change and official plan amendment for the King Street East Mixed Use Corridor. Ms H. Holbrook presented this report. Councillor Smola expressed his concern with commercial entertainment establishments being a permitted use on the north side of King Street because of its proximity to the residential area. Ms. Holbrook stated that staff can review compatibility through the site plan process. Mr. Pinard stated that commercial entertainment has become an established use in the Mixed Use Corridor zones. It is an appropriate use even if some result in nuisance factors. If noise is the issue then it is a by-law enforcement issue. Councillor Smola noted that previously there have been problems with commercial entertainment establishments and suggested that by permitting them, we are encouraging these problems. He stated that he is not supportive of permitting commercial entertainment establishments in this area. Mayor Zehr questioned whether this rezoning is an up zoning which was confirmed by Ms. Holbrook. Mayor Zehr then noted that any complaints previously received were for uses permitted in the current zoning. Councillor Gazzola questioned the grocery store use and Ms. Holbrook confirmed that a stand alone grocery store could have a gross floor area of up to 1,000 sq. m.; however, the Official Plan would permit grocery stores, if located in a large mixed use development, to have a maximum gross ground floor area of 5,000 sq. m. Councillor Vrbanovic questioned why the grocery store use would not have been permitted along the larger stretch of King Street East. Ms. Holbrook responded that this area of King Street East is special because these properties have frontage on two major streets and it is transit supported. She advised that staff would also consider individual zone changes. Councillor Vrbanovic then commented on the social service site at Charles, Borden and Stirling. He questioned how this zone change would help or require additional steps. Ms. Holbrook advised that there are a number of site specific provisions and noted that the City upholds the approval already given. Mr. Willmer stated that staff will uphold the approval they have already given. Further, social service uses are needed across the City. This location has the advantage of being a transit supported area. With the rezoning, this will become a mixed use area and social services will become part of the mix. On motion by Mayor C. Zehr - it was resolved: "That City -initiated Official Plan Amendment OP 09/04/COK/HH being an amendment to modify the King Street East Secondary Plan and Mixed Use Corridor land use designation policies be adopted, in the form shown in the "Proposed Official Plan Amendment" dated July 9, 2010 attached as Appendix A to Development & Technical Services Department report DTS-10-111; and further, QW9gIto] U►Yil:110111Elm 9xyaLI[NlI&IA:INIy*YKe]LVA ILYiINad:11Q►YiIILI Lei 9*1 AUGUST 23, 2010 -87- CITY OF KITCHENER 11. DTS-10-111 -ZONE CHANGE APPLICATION - ZC09/08/COK/HH - OFFICIAL PLAN AMENDMENT - OP09/04/COK/HH - KING STREET EAST MIXED USE CORRIDOR (CONT'D) That City -initiated Zone Change application ZC 09/08/COK/HH being an amendment to Schedules 119, 120, 142, 143, 173 and 174 of Appendix A, Schedule 31 of Appendix B, sections 121, 145, 146, 311 and 401 of Appendix C, sections 71, 234, 285, 337, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543 and 544 of Appendix D and section 15 and 22 of Appendix F of By -Law Number 85-1 as they pertain to the King Street East Mixed Use Corridor for the purpose of changing the zoning from various zone classifications to Mixed -Use Corridor MU -2 and MU -3 zones with and without site-specific special provisions applying to these lands, be approved, in the form shown in the "Proposed By -Law" dated July 26, 2010 attached as Appendix B to Development and Technical Services Department report DTS-10-111." 12. DTS-10-141 -ZONE CHANGE APPLICATION - ZC10/02/B/GS - 215 BELMONT AVENUE WEST - JENNIFER HENNELY The Committee considered Development & Technical Services Department report DTS-10- 141, dated July 26, 2010, recommending approval of a zone change application for 215 Belmont Avenue West to add a special use provision to allow a Canine and Feline Grooming home business in the existing building. The report confirms that no additions or alterations to the existing building are proposed. Ms. D. Ross presented the report, and advised that no concerns were raised through the neighbourhood circulation. On motion by Councillor B. Vrbanovic - it was resolved: "That Zone Change Application ZC10/02/B/GS to change the zoning from Existing Use (E-1) to Existing Use (E-1) with Special Use Provision 409U on lands legally described as Plan 778 Lot 30, municipally known as 215 Belmont Avenue West, in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated July 14, 2010, attached to Development and Technical Services Department report DTS-10- 141." 13. DTS-10-152 -STANDARDS OF RESPONSE COVERAGE - KITCHENER FIRE DEPARTMENT (CONT'D) Mr. Beckett introduced the report noting that the Standards of Cover is a rational and systematic way of looking at the basic service provided by our Fire Department. The document is also an essential element in the re -accreditation process through the Commission on Fire Accreditation International. Mr. S. Usher presented the document and Mr. Beckett reviewed the recommendations. He noted that the Fire Department is currently in the 90th percentile and intends to maintain and improve on that standard. Mayor Zehr commented on the delegation, Ms. Klink, who attended earlier in this meeting, directing that Fire and Planning staff respond to her concerns in writing. On motion by Mayor C. Zehr - it was resolved: "That the document titled Standards of Cover, dated August 2010, be adopted." 14. DTS-10-142 - REVIEW OF URBAN DESIGN AWARDS The Committee considered Development & Technical Services Department report DTS-10- 142, dated August 10, 2010, recommending approval of a revised program for the City's Urban Design Awards. Ms. H. Holbrook presented the report. She reviewed the key recommended changes as outlined on page 13-2 of the agenda. WW9gIto] U►Yil:110111Elm 9xyaLI[NlI&IA:ITJIM*YKe]LVA ILYiINad:11 :I►YiIILI Lei 9*1 AUGUST 23, 2010 -88- CITY OF KITCHENER 14. DTS-10-142 - REVIEW OF URBAN DESIGN AWARDS (CONT'D) Mayor Zehr commented on the inclusion of staff in the judging process stating those staff who were involved in the approval process must be excluded from the judging process. Ms. Holbrook advised that specific staff positions have been included in the judging process. Mayor Zehr stated that the Supervisor of Site Plans would have been involved in all developments, as would the urban design planner. He stated that it is essential that we do not taint the process. Mayor Zehr put forward a motion to approve the staff recommendation on the condition that the named staff positions are removed from the judging process. On motion by Mayor C. Zehr - it was resolved: "That subject to the removal of the three specific staff positions from the Judging Committee, to be determined at a later date; the revised Urban Design Awards Program as outlined in Development and Technical Services Department report DTS-10-142 be endorsed." 15. DTS-10-149 -CITIZENS REPORT ON AIR QUALITY IN KITCHENER 2010 The Committee considered Development & Technical Services Department report DTS-10- 149, dated August 11, 2010, presenting the City's Environmental Committee's report titled Air Quality in Kitchener - 2010. Ms. C. Musselman presented the staff report, noting that through the review process undertaken by the Environmental Committee it was determined that the content of the Air Quality in Kitchener — 2006 was relevant and required only minor revisions. There are approximately 50 recommended actions as determined by the Environmental Committee and 5 of them will be selected by the Committee this year for investigation by staff. Councillor Vrbanovic commented that this document was first developed in 2006 and was the first of its kind to be developed by a citizen group. Over the last 5 years it has moved the city forward in many areas. This new document will keep Kitchener on the leading edge and will serve the community well. On motion by Councillor B. Vrbanovic - it was resolved: "That the Air Quality in Kitchener - 2010 report as attached to report Development and Technical Services Department report DTS-10-149 be endorsed." 16. ADJOURNMENT On motion, the meeting adjourned at 10:12 p.m. Dianne Gilchrist Committee Administrator