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HomeMy WebLinkAboutDev & Tech Svcs - 2010-09-27DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 27, 2010 CITY OF KITCHENER The Development and Technical Services Committee met this date, commencing at 6:23 p. m. Present: Councillor C. Weylie -Chair Mayor C. Zehr and Councillors J. Smola, J. Gazzola, K. Galloway, B. Vrbanovic and G. Lorentz Staff: J. Willmer, Interim General Manager, Development & Technical Services A. Pinard, Interim Director of Planning R. Regier, Executive Director, Economic Development B. Sloan, Senior Project Planner J. von Westerholt, Senior Planner S. Bassanese, Urban Designer C. Musselman, Senior Environmental Planner P. Phillips, Supervisor of Enforcement D. Gilchrist, Committee Administrator PRESENTATION - HIGHBROOK COMMUNITY CONCERN WITH NOISE Mr. Willmer provided a review of actions to date, noting that the Highbrook residents came to Council earlier this year to discuss noise issues they were having with 2 automotive businesses in the area. Noise measurements were taken and a noise attenuation barrier was constructed. Ms. J. Colacrai addressed the Committee noting that she is representing herself and neighbourhood residents and she has the on-going support of the community. She stated that the neighbours have been patient long enough and the noise wall has not improved the situation. She advised that the noise has forced them into their homes this summer; not being able to enjoy their backyards. Ms. Colacrai explained that the noise is like an airplane overhead; however, an airplane has passed over in about 2 minutes whereas the noise from AutoBahr and Byma's Tire car last for 2 hours at a time. She advised that she can not plan to do anything in her backyard and asked that Council do something to help the neighbours and give back to their children a safe place to play. Ms. Colacrai presented a petition signed by area residents requesting that Byma's Tire and AutoBahr be required to keep their bay doors closed. She stated that the noise is bearable when the bay doors are closed. In response to a question from Mayor Zehr, Ms. Colacrai advised that Byma's Tires tried to keep their bay doors closed before the noise barrier was erected; however, AutoBahr makes no effort at all. She also advised that AutoBahr does emissions testing in the laneway. In response to a question for Councillor Gazzola, Ms. Colacrai advised that both businesses keep their bay doors closed in colder weather; and she does not understand why they can not do the same thing in the summer, and if necessary turn on the air conditioning. Mr. S. Saunderson addressed the Committee advising that the rear doors at Byma's Tire are 80' from his house. The noise consultant advised that the instruments used by this business are 19dB over the permissible level and a 4m high highway noise barrier would bring the noise down to an acceptable level. The 3m high wooden fence that was constructed does not. Mr. Saunderson advised that before the fence was constructed Byma's Tire was co-operating by keeping their bay doors closed; however, since the fence was constructed they are no longer doing so. On hot summer days all the doors are open; so that on beautiful summer days the neighbours have no peace and quiet. Mr. Saunderson then pointed out that the City's Municipal Code addresses amplified systems, and noted that the phone system is conected to their P. A. System and the neighbours can hear all their phone calls. The neighbours have phoned the Police to complain about noise problems very many times and are being told that these are commercial properties and nothing can be done. Also, multiple complaints have been made to the City's By-law Enforcement and nothing has been done. Mr. Saunderson advised that the neighbours are pleading to Council for direction. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 27. 2010 - 95 - CITY OF KITCHENER 1. PRESENTATION - HIGHBROOK COMMUNITY CONCERN WITH NOISE (CONT'D Mr. C. Maciak addressed the Committee advising that he has lived on Highbrook Drive for 13 years. He stated that he works a late afternoon shift and goes to sleep at approximately 3:00 a. m. By 8:00 a. m. the noise starts so that he can't sleep and can not use his backyard. He stated that AutoBahr usually leaves their doors open. Mr. Maciak stated that the neighbours are asking for help because they don't know where to go. In response to a question from Councillor Galloway, Mr. Maciak advised that when this business closes its doors he can still hear some noise. In response to a question from Councillor Lorentz, Mr. Maciak advised that he knew that the property behind his home was zoned commercial when he bought it but he didn't know that there would be a garage door behind his house. Mr. Maciak then stated that the only thing has changed since the construction of the fence is that they can not see which business is making the noise. He advised that he works in the same kind of business and knows that if they used an exhaust hose they would be able to close the doors. In response to a question from Councillor Lorentz, Mr. Maciak stated that a proper noise barrier would solve the problem. Mr. Willmer addressed the Committee assuring them that By-law Enforcement staff is working on resolving this situation; and since the noise fence was erected, they have taken noise measurements four times. If the noise levels are in excess of what the by-law allows, then staff will take the normal course of action: tell the business owners and ask them to take appropriate action; if not, then staff will take court action. However, if the noise measurements do not exceed the permissible levels, then there is nothing that can be done. Also, staff will have to work with an expert to determine the degree of the by-law regulations. In response to a question from Councillor Galloway, Ms. P. Phillips advised that a By-law Officer has been out to measure noise levels four times during August and September; first they take ambient readings and then readings once the business opens. The process takes approximately one hour at a time and they have gone through this procedure at night time as well as day time. In response to Mayor Zehr, Mr. Willmer advised that they have done a replication of noise from these businesses before. The replication was a worst case scenario which led to the recommendation fora 4m high masonary wall, which is not necessarily required. Mr. Willmer also advised that it is possible to obtain noise measuring equipment that can remain in place but that may not be useful in a Court of law; as the By-law Officer would not be able to swear where recorded noises came from. In terms of trying to resolve the noise issues by talking to the business owners, Mr. Willmer advised that staff and the landlord have both done so and for a while they did keep their doors closed; which proves it can be done. Things have changed since the noise fence was constructed. He further advised that the noise measurements have been taken and the next step is interpreting the readings. Councillor Galloway directed staff to do the following: • staff continue the process they have undertaken by working with the expert to analyze their findings; • staff meet with the business owners about keeping their doors closed, their amplified phone systems, use of the laneway; and, about the fence; • ask the business owners to use their exhaust hose and close all doors when doing emissions testing. Councillor Galloway stated that we have to use this time to take noise readings; however, there needs to be a light at the end of the tunnel, as this situation has been going on for the past 2 years. She directed staff to update this Committee in January 2011. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 27, 2010 - 96 - CITY OF KITCHENER 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-10-160 -DRAFT PLAN OF CONDOMINIUM - 30CDM-10207 - COMMON ELEMENTS CONDOMINIUM - 305 BRIARMEADOW DRIVE - SAM CLAY CUSTOM HOMES LTD. The Committee considered Development & Technical Services Department report DTS-10- 160, dated September 15, 2010, recommending approval of a draft plan of condominium for a common elements condominium at 305 Briarmeadow Drive. Mr. A. Pinard presented this report. On motion by Councillor B. Vrbanovic - itwas resolved: "That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c. P.13, as amended, and By-law 2002-164 as amended, of the City of Kitchener, hereby grants draft approval to Condominium Application 30CDM-10207 for 305 Briarmeadow Drive in the City of Kitchener, subject to the conditions outlined in Development and Technical Services Department report DTS-10-160." DTS-10-167 -KITCHENER GROWTH MANAGEMENT STRATEGY - 2010 ANNUAL GROWTH MANAGEMENT MONITORING REPORT The Committee considered Development & Technical Services Department report DTS-10- 167, dated September 24, 2010, providing the 2010 Annual Monitoring Report for the Kitchener Growth Management Strategy. Highlights of the report include: that the number of residents and jobs per hectare in the Downtown has increased from 131 to 151, since the last measurement was taken; and, the amount of residential development occurring in the built-up area is 43%. Mr. B. Sloan presented this report. On motion by Mayor C. Zehr - itwas resolved: "That Development and Technical Services Department report DTS-10-167, Kitchener Growth Management Strategy - 2010 Annual Monitoring Report, be received for information." CRPS-10-152 -ENVIRONMENTAL COMMITEEE RECOMMENDATION - 2010 COMMUNITY ENVIRONMENTAL IMPROVEMENT GRANT RECIPIENTS The Committee considered Development & Technical Services Department report CRPS-10- 152, dated September 17, 2010, recommending the awarding of grants for 2010 from the Environmental Stewardship Capital Account for environmental improvements. Ms. C. Musselman presented the report. On motion by Councillor B. Vrbanovic - itwas resolved: "That the 2010 Community Environmental Improvement Grant (CEIG), to be funded from the Environmental Stewardship Capital Account, be awarded as follows: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 27, 2010 - 97 - CITY OF KITCHENER CRPS-10-152 -ENVIRONMENTAL COMMITEEE RECOMMENDATION - 2010 COMMUNITY ENVIRONMENTAL IMPROVEMENT GRANT RECIPIENTS (CONT'D) • $3,000. to Waterloo Wellington Children's Groundwater Festival; and, • $3,000. to My Sustainable Canada and Dads Against Dirty Air; and further, That the remaining $4,000. of the 2010 CEIG funding be prorated for use as part of the 2011 grant program." PRESENTATION -CONSOLIDATED COURT HOUSE PROJECT Ms. J. von Westerholt and Mr. S. Bassanese presented the background, and building and site design for the Waterloo Region Consolidated Court House currently being developed on the block bounded by Frederick Street, Scott Street, Weber Street and Duke Street. Respecting outdoor lighting, Mr. Bassanese advised that all fixtures for outdoor lighting on this property are dork spec compliant. He also advised that the responsibility of the Ministry of the Attorney General is for development of the property for the lot lines in; however, as requested by the Region, they will develop alay-by on the Frederick frontage. In response to a question from Councillor Weylie, Ms. von Westerholt advised that 500 people will be working in the Consolidated Court House how many are new people. ADJOURNMENT On motion, the meeting adjourned at 7:53 p. m. Dianne Gilchrist Committee Administrator