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HomeMy WebLinkAboutDev & Tech Svcs - 2010-09-13 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 13, 2010 CITY OF KITCHENER The Development and Technical Services Committee met this date, commencing at 6:00 p.m. Present: Councillor C. Weylie - Chair Mayor C. Zehr and Councillors J. Smola, J. Gazzola, K. Galloway, G. Lorentz 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. Ross, Assistant City Solicitor D. Gilchrist, Committee Administrator 1. DTS-10-154 - CARLYLE PLACE - ON STREET PARKING The Committee considered Development & Technical Services Department report DTS-10- 154, dated August 3, 2010, recommending the elimination of on-street parking on the inner curve of Carlyle Place. On motion by Councillor B. Vrbanovic - it was resolved: “That the Uniform Traffic By-law be amended to change the on-street parking regulations on Carlyle Place to “No Parking Anytime” on the south side (inner curve) of Carlyle Place from a point 30 metres west of Carlyle Drive to a point 30 metres west thereof.” 2. DTS-10-155 - HUCK CRESCENT - ON-STREET PARKING The Committee considered Development & Technical Services Department report DTS-10- 155, dated August 12, 2010, in which staff recommend the elimination of on-street parking on portions of the inner curve of Huck Crescent. On motion by Councillor B. Vrbanovic - it was resolved: “That the Uniform Traffic By-law be amended to change the on-street parking regulations on Huck Crescent to “No Parking Anytime” on the north/east side (inner curve) of Huck Crescent from a point 50 metres west of Udvari Crescent to a point 25 meters west thereof, and on the north/west side (inner curve) of Huck Crescent from a point 210 metres west of Highgate Road to a point 25 meters west thereof.” 3. DTS-10-162 - 24 MADISON AVENUE SOUTH - EXEMPTION FROM CHAPTER 842 (HEDGES) OF THE CITY OF KITCHENER MUNICIPAL CODE The Committee considered Development & Technical Services Department report DTS-10- 162, dated August 23, 2010, recommending a partial exemption from City of Kitchener Municipal Code Chapter 842 (Hedges - Other Objects) relating to a front deck and ramp to be built at 24 Madison Avenue South. On motion by Councillor B. Vrbanovic - it was resolved: “That the property municipally known as 24 Madison Avenue South be partially exempted from Chapter 842 of The City of Kitchener Municipal Code (Hedges-Other Objects) as set out in Development & Technical Services Department report DTS-10- 162.” CITY OF KITCHENER DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 13, 2010 - 90 - CITY OF KITCHENER 4. DTS-10-140 - ZONE CHANGE APPLICATION – ZC06/28/H/BS - HURON COMMUNITY PLAN AMENDMENT - MODIFICATION TO DESIGN BRIEF FOR HURON/STRASBURG MIXED USE NODE - HALLMAN CONSTRUCTION LTD. The Committee considered Development & Technical Services Department report DTS-10- 140, dated August 13, 2010, with respect to a zone change, community plan amendment and a design brief modification for land to be developed by Hallman Construction Ltd., at the south west corner of Huron Road and Strasburg Road. This Committee had deferred its consideration of the recommendation contained in this report, to this meeting, on August 23, 2010. Mr. A. Pinard introduced this report noting that staff still supports their recommendation as originally submitted. Ms. Y. Fernandes was in attendance to speak against the portion of the zone change that would permit a gas bar on this property, for environmental reasons. Ms. Fernandes quoted information from the Region of Waterloo website on how contamination occurs. She advised that she has done some research on contaminated sites in the City of Kitchener, and of particular note is the one located on King Street East across from the Gateway Plaza. This site is less than 400 m from the Grand River. She advised that the research shows that the gas bar location was very significant and has resulted in continuous pumping out for the last 10 years. It has been estimated that it could take another 10 years of pumping to remove all of the contaminates. Ms. Fernandes then advised that the Region of Waterloo, through its “ Threats Inventory and Circumstances Survey Follow-up Project” and the Grand River Conservation Authority, through its source Protection Program, are purposefully undertaking assessments of the vulnerability of our source water as it relates to possible contamination. She suggested that this Committee over turn this rezoning application for the best interest of public health and its very real impact to the environment. Ms. Fernandes then submitted 2 petitions, one signed by 64 Kitchener taxpayers and the other signed by 26 non-Kitchener residents, who are opposed to a zone change on the property at Huron Road and Strasburg Road that would permit a gas bar. Ms. G. Quinn was in attendance in opposition to permitting a gas bar on the subject property for environmental reasons. She advised that a 2007 survey reveals that there are over 100 contaminated sites in this region and many are gas stations were gasoline has leaked into the ground, noting that travel time of contamination is approximately 2 years. Ms. Quinn recommended that if this gas bar is to be permitted, substantial precautions must be taken, particularly with the construction and materials used for the containment tank. Further, Ms. Quinn stated that we are now wiser to the sensitivity of our environment and now realize how rich this country is to have clean drinking water. More frequently we are reading that finally every level of government is having talks to prevent the loss of our fresh, clean water. We are so far behind in establishing good water safety practices that we need to be very rigid in order to survive as a community, especially considering the anticipated population growth, all of whom will require fresh drinking water. She stated that the community needs us to make responsible decisions today. Mr. V. Bender, R.B.J. Schlegel, was in attendance and referred to a letter, received by the Committee this date, from his solicitor Mr. J. Alati. Mr. Bender advised that the Becker Estates lands are subject to the South West Kitchener planning process. He noted that the subject Hallman lands are proposed for commercial use and consideration of this zone change should be deferred pending the outcome of the peer review process being undertaken as part of the South West Kitchener planning process. Mr. P. Britton, MHBC Planning was in attendance on behalf of Hallman Construction, in support of the staff report and recommendation. He spoke in response to the issues raised at this Committee’s meeting of August 23, 2010. Respecting the neighbourhood circulation, Mr. Britton advised that it was done by way of a hand delivered letter which contained information about the gas bar use. With respect to the location of the food store, Mr. Britton advised that it will be located on site 1, which is already zoned for that use. CITY OF KITCHENER DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 13, 2010 - 91 - CITY OF KITCHENER 4. DTS-10-140 - ZONE CHANGE APPLICATION – ZC06/28/H/BS - HURON COMMUNITY PLAN AMENDMENT - MODIFICATION TO DESIGN BRIEF FOR HURON/STRASBURG MIXED USE NODE - HALLMAN CONSTRUCTION LTD. (CONT’D) Mr. Britton then referred to his written submission provided at the August 23, 2010 meeting, noting that this zone change implement the City’s Official Plan, which has been in place for several years. He stated that the current B-2 zoning is an artefact and the proposed C-2 zoning complies with the Official Plan. He stated that Mr. Bender’s request is out of context as the lands subject to the South West Kitchener planning process will require an Official Plan amendment; whereas the subject property does not. rd Mr. Britton then advised that since the August 23 meeting he has done further research about the gas bar. He advised that the storage tank will be below ground and it will be 133’ above the aquifer. He advised that this is a highly regulated activity. Also Regional staff is supportive of the gas bar provided that permitting takes places before a building permit is issued. Further, there are specific requirements for decommissioning should the gas bar close. Mayor Zehr questioned what Ministry of the Environment approvals are required. Mr. Britton responded that the Technical Standards and Safety Act requirements must be met, which includes submission of an application with a design that meets current standard. The design must include the nature of the lining, remote sensing and monitoring and spill containment. The storage tank will consist of 2 layers of fibreglass on a concrete base. In response to a question about the proposed grocery store, Mr. Britton confirmed that it will be located at the southeast corner of site 1, which is the preferred location of staff and neighbourhood residents, as it can be accessed from Templewood Drive. Mr. Pinard advised that the existing Official Plan designation allows for a grocery store and the proposed zoning is more in line with the Official Plan. The Official Plan designation allows a broad range of commercial uses and removes some of the existing permitted uses which are more harmful. Councillor Vrbanovic questioned whether the applicant has considered moving the gas bar to site 1 so it would be farther from the water source. Mr. Britton advised that site 1 is closer to the wells and site 2 is farther away. In response a question about eliminating the gas bar, Mr. Britton responded that they had considered abandoning this zone change; however, the market shows that there is a real need for a gas bar and the gas bar is important to the overall development. With regard to questions about the gas storage tank, Mr. Britton advised that the safety provisions and the material for the lining and base are specified by legislation. Respecting the gas pumps, Mr. Britton advised that they will be located on a concrete pad, which is a requirement; there will be on-going inspections; in terms of storm water management, there will be an oil and grit separator; and, the storm water management pond has a concrete base and a shut-off valve. With respect to the approvals process, Mr. Britton advised that first they must receive approvals from the regulatory body, then site plan approval process, at which time the Region will require best management practices, finally the building permit will be conditional on receiving all required approvals from the province. With respect to decommissioning of the site should the gas bar use cease, Mr. Britton advised that the responsibility rests with the owner of the property and not the owner of the gas bar. In response to questions from Councillor Galloway, Mr. Britton stated that the gas storage tank will not be above grade; it will be below grade and above the level of the water table. Respecting the grocery store use, Mr. Britton advised that there will only be 1 grocery store; as the property physically can not contain a second grocery store. CITY OF KITCHENER DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 13, 2010 - 92 - CITY OF KITCHENER 4. DTS-10-140 - ZONE CHANGE APPLICATION – ZC06/28/H/BS - HURON COMMUNITY PLAN AMENDMENT - MODIFICATION TO DESIGN BRIEF FOR HURON/STRASBURG MIXED USE NODE - HALLMAN CONSTRUCTION LTD. (CONT’D) Councillor Vrbanovic questioned whether staff would be considering a gas bar for this site if the current zoning did not permit a service station. Mr. Pinard advice the staff are relaying entirely on the Region in this regard. The Region much prefers the proposed zoning than the current zoning which would permit automobile repair in connection with a service station. Councillor Vrbanovic questioned what options Council would have if they refuse the rezoning that would allow the gas bar; given that City and Regional staff are supporting the zone change. Mr. S. Ross advised that if Council refuses the application and there is an Ontario Municipal Board Hearing, Council would have to retain outside planning experts to represent them. Councillor Gazzola questioned whether there would be a car wash and if so, how the salt from the cars be handled. It was confirmed that a car wash will be located on this site and Mr. Pinard advised that the storm water management pond can manage the salt from cars. He also advised that the water from the car washes will go directly into the sanitary sewer system and therefore is treated before being discharged into the Grand River. Councillor Galloway put forward a motion to remove the gas bar and any other automotive uses from the proposed zoning for this property. She stated that we must ensure that we protect the environment and is absurd to potentially put our ground water at risk. She advised that although the Region Official Policies Plan (ROPP) supports this use, the Region would not be supporting it if the new ROPP was already approved by the province. Mayor Zehr stated that there are mitigation regulations in place for the gas bar use. He also stated that to refuse the gas bar may put the City at risk for something more. Councillor Vrbanovic stated that although he is supportive of the environmental point of view, in this case he is struggling to find the right answer. He advised that if the existing zoning didn’t already permit a service station, he would not be supportive of this zone change. He stated that he has confidence in the Region and provincial regulations; however, there will always be some risk. He noted that there could be 3 different outcomes if Council refuses to allow the gas bar: the developer may agree; the developer could withdraw the zone change and develop a service station under the current zoning; or, the developer can appeal to the Ontario Municipal Board, which will be costly for the City and our likelihood of success is minimal. He stated that the gas bar is the best scenario at this time. Councillor Gazzola stated that he will not support Councillor Galloway’s motion. He stated that mitigation measures are in place and we have to offer some trust to the other authorities. He stated his belief that everyone is more in tune with our environment and we have to have faith that the public speaking up as we move forward. Councillor Galloway’s motion not to approve a rezoning on this property that would permit a voted on and lost gas bar or any other automotive use was on a recorded vote, as follows: In Favour: Councillors K. Galloway and C. Weylie; Opposed: Mayor C. Zehr and Councillor J. Gazzola, G. Lorentz, J. Smola and B. Vrbanovic. On motion by Councillor B. Vrbanovic - it was resolved: “That Zone Change Application ZC06/28/H/BS for the southwest corner of Huron and Strasburg Road (Hallman Construction Ltd.), for the purpose of changing the zoning from Restricted Business Park Zone (B-2) and Business Park Service Centre Zone (B- 3) to Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 545R, Special Use Provision 408U, Holding Provision 61H, and Hazard Land Zone (P- 3) on the parcel of land specified and illustrated as the Subject Area on Map No. 1, in the City of Kitchener, be approved in the form shown in the “Proposed By-law” dated CITY OF KITCHENER DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 13, 2010 - 93 - CITY OF KITCHENER 4. DTS-10-140 - ZONE CHANGE APPLICATION – ZC06/28/H/BS - HURON COMMUNITY PLAN AMENDMENT - MODIFICATION TO DESIGN BRIEF FOR HURON/STRASBURG MIXED USE NODE - HALLMAN CONSTRUCTION LTD. (CONT’D) July 12, 2010, attached to Development & Technical Services Department report DTS- 10-140 as Appendix “A”; and, That the Huron Community Plan be amended to change the designation of the western portion of the subject lands from Restricted Business Park to Business Park Service Centre, as shown on Appendix “B” attached to report DTS-10-140; and further, That the revisions to the Huron/Strasburg Mixed Use Node Design Brief pertaining to Site 2, attached as Appendix “C” to report DTS-10-140, be adopted.” 5.ADJOURNMENT On motion, the meeting adjourned at 7:07 p.m. Dianne Gilchrist Committee Administrator