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HomeMy WebLinkAboutDev & Tech Svcs - 2003-05-26DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 26~ 2003 CITY OF KITCHENER The Development and Technical Services Committee met this date commencing at 7:10 p.m. under Councillor C. Weylie, Chair, with the following members present: Mayor C. Zehr and Councillors M. Galloway, J. Gazzola and J. Smola. Councillor B. Vrbanovic entered the meeting after its commencment. Officials Present: Ms. F. McCrea and Messrs. G. Stewart, J. Willmer, R. Shamess, F. Pizzuto, G. Borovolis, C. Bluhm and L.W. Neil. 1. DTS-03-079 - SIDEWALK MAINTENANCE POLICY REPLACEMENT Councillor C. Weylie advised that staff had withdrawn report DTS-03-079 (Sidewalk Maintenance Policy Replacement) from the agenda so as to allow for some further discussion of the policy with the intent that the matter would be brought forward for consideration at the Committee's June 9, 2003 meeting. DTS-03-075 - CITY OF KITCHENER CLEAN AIR PLAN RE: ASPHALT PAVING RESTRICTION ON SMOG ADVISORY DAYS The Committee considered Development and Technical Services Department report DTS-03- 075 dated May 15, 2003 proposing revision of the City's Clean Air Plan in respect to existing asphalt paving restriction provisions on smog advisory days. It was pointed out in the report that the City's Clean Air Plan was approved in 1999 and that in 2001 it became evident that smog advisory days were not only environmentally sensitive but also economically adverse. It was subsequently decided to compensate the City's contractor for economic hardship when the asphalt paving restriction kicked in on smog advisory days. However within the Region the City was the only agency to enforce the paving prohibition. The report documents further considerations that have taken place between the Region and the City following publication of the Region's "Discussion Paper for Clean Air Plan". It has been determined that the application of hot mix asphalt produces almost negligible amounts of volatile organic compounds (VOC) and accordingly no restrictions on paving on smoggy days are required for Regional road improvement projects. Staff recommend revision to the City's policy based on discussions which have taken place concerning this matter as outlined in the report. Mr. G. Stewart briefly summarized the purpose of the report and requested the City adopt the Regional approach in respect to hot mix asphalt paving on smog advisory days. On motion by Councillor J. Smola - it was resolved: "That as recommended in Development & Technical Services Department report DTS- 03-075, the City of Kitchener approve the following action: 1)Adopt the Regional Municipality of Waterloo's policy for asphalt paving on smog advisory days. 2) Revise the City's Clean Air Plan which restricts the City and the City's contractor(s) from road resurfacing activities on smog days. 3) Remove smog day prohibitions and revise City of Kitchener specifications for road construction contracts." Councillor B. Vrbanovic entered the meeting at the time. DTS-03-072 - STRASBURG ROAD / HURON ROAD / BATTLER ROAD ZONE CHANGE APPLICATION ZC 971341SlPB HURON WOODS DEVELOPMENT CORPORATION FAIRVIEW - GATEWAY WARD The Committee was advised that the City was in receipt of a zone change application from Huron Woods Development Corporation with respect to a parcel of land located at the north-east DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 26~ 2003 - 67 - CITY OF KITCHENER 3. DTS-03-072 - STRASBURG ROAD / HURON ROAD / BATTLER ROAD ZONE CHANGE APPLICATION ZC 97/34/S/PB HURON WOODS DEVELOPMENT CORPORATION FAIRVIEW - GATEWAY WARD (CONT'D) corner of Strasburg Road and Huron Road and bounded by Battler Road to the east and the existing Strasburg Road to the west. The subject lands are generally bounded by business park lands to the north and by proposed residential lands to the south. The purpose of the rezoning application is to permit additional commercial and industrial uses on the subject lands including service oriented uses and free standing office, to rezone additional lands as hazard land within a tributary of Strasburg Creek, and to require a structural set back from the creek lands. In this regard, the Committee considered Development and Technical Services Department report DTS-03-072 dated April 25, 2003 and a proposed By-law dated April 25, 2003 attached to the report. It was pointed out that notice the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. J. Willmer briefly summarized the purpose of the report, explained the zoning uses, noted that the rezoning implements the Municipal Plan, and advised that staff had nothing further to add. Mr. Richard Hardie attended not as a planning consultant but as a private property owner who lives within the vacinity of the proposed rezoning. He referred to his May 21, 2003 correspondence which was circulated with the Committee agenda and noted that those comments were prepared in conjunction with other neighbours some of whom were in attendance this date. Mr. Hardie made a presentation referencing the issues in his correspondence and the rationale for objecting to the zone change noting; other nearby lands the applicant intends to commercially develop adjacent to the residential area to the south of the subject property but their major concern was the commercial uses for the block of land at 'new' Huron Road and Battler Road, as well as concerns such zoning would negatively impact traffic circulation patterns in the area. Mr. Hardie responded to questions relating to his traffic concerns from the Committee who were of the view local residents would take advantage of the B-3 uses at new Huron and Battler Roads. Further, Mr. Hardie expressed concern that such development would result in the City incurring significant expense to upgrade Huron Road as a result of uses proposed by the applicant. For the record, a submission dated May 21, 2003 from Richard and Beverly Small expressing concerns pertaining to the zone change was circulated to the Committee and staff this date. Mr. Mel Code, Consultant, Community Planning and Land Development, attended on behalf of the applicant in support of the recommendation in the staff report. He provided a submission dated May 26, 2003 earlier this date which was circulated to the Committee and City staff wherein he responds to the concerns expressed by Richard Hardie, and Richard and Beverly Small. The correspondence received this date addresses the commercial rezoning of the school board site; the Battler and Huron Road site where B3 zoning is proposed and provides more detail respecting the 4 supporting factors for this rezoning as follows: available commercial land, appropriate commercial location, land use compatibility and Municipal Plan provisions; old Huron Road concerns respecting the substandard section of the roadway; and the suggestion that the rezoning of lands adjacent to Templewood Drive should be deferred. Mr. Code provided comment with respect to all of the foregoing factors issues. No other delegations were registered regarding this matter. The Committee discussed the proposed uses and the concerns that have been expressed with respect to traffic patterns and the volumes. Mr. J. Willmer commented that it was staffs view that the vast majority of possible users of the B-3 site are already driving by it and while the site was likely to draw clientele from the adjacent residential area onto Old Huron Road, the Templewood Drive extension would off load some of that traffic. Mayor C. Zehr commented that if Old Huron Road was a problem it was another issue that would have to be dealt with irrespective of the rezoning application before the Committee. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 26~ 2003 - 68 - CITY OF KITCHENER 3. DTS-03-072 - STRASBURG ROAD / HURON ROAD / BATTLER ROAD ZONE CHANGE APPLICATION ZC 97/34/S/PB HURON WOODS DEVELOPMENT CORPORATION FAIRVIEW - GATEWAY WARD (CONT'D) On motion by Councillor J. Gazzola - it was resolved: "That Zone Change Application ZC 97/34/S/PB (Strasburg Road at Huron Road - Huron Woods Development Corporation) to change the zoning on the subject lands from Restricted Business Park Zone (B-2) to Business Park Service Centre Zone (B-3) with Special Use 301U; Restricted Business Park Zone (B-2) to Business Park Service Centre Zone (B-3) with Special Regulation Provision 363R; Restricted Business Park Zone (B-2) to Restricted Business Park Zone (B-2) with Special Regulation Provision 363R and Special Use Provision 297U; Restricted Business Park Zone (B-2) with Special Regulation Provision 1R to Hazard Land Zone (P-3); and Restricted Business Park Zone (B-2) to Hazard Land Zone (P-3), on lands legally described as Part of Lot 11, Biehn's Tract and Part of Lot 17 and 19, Registrar's Compiled Plan 1471, more particularly described as Parts 3, 4 and 6 and Parts 11 to 15 inclusive on Plan 58R-12807, in the City of Kitchener, be approved, in the form shown in the "Proposed By-law", dated April 25, 2003. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan." Councillor C. Weylie advised those in attendance that this recommendation would be forwarded to City Council for ratification at its Special Meeting to be held at 6:00 p.m. on Monday June 9, 2003. 4. DTS-03-089 - COMMUNICATION TOWER POLICY The Committee was in receipt of Development and Technical Services Department report DTS- 03-089 dealing with the subject of a Communication Tower Policy for the City. The report was prepared in response to a request by Council that staff review alternative means of increasing the City's impact on regulating the location of communication towers. Attached to the report was Appendix 'A' - Communication Towers: Background Study which provides a detailed description and background information on Industry Canada's approval process, types of communication towers, sample towers within a municipality and sample guidelines. It was noted in the report that staff have been encouraged by Industry Canada to develop a local protocol respecting antenna structures which once approved by Council and after further review by Industry Canada could be adopted by Council as the City policy with appropriate changes recommended by Industry Canada. Also attached to the staff report was a draft protocol shown as Appendix 'B' - Communication Tower Policy. Section 4 of the policy provides City guidelines which are intended to discourage the placement of new towers near residential areas, while encouraging new towers in more appropriate locations which were summarized in the report. Mr. C. Bluhm made a presentation respecting the report noting that the need for the policy was driven by the increased demand for communication devices and the need for towers in this regard. He described the zones where new towers could be constructed and the type of towers permitted within defined areas. Mr. Bluhm commented on the problems encountered with the towers in the past including their lack of aesthetics, negatively affecting the value of surrounding properties, the effects of glare and safety concerns. He described the approval process exercised by Industry Canada and listed the objectives of the proposed policy which would act as the local protocol respecting antenna structures. The Committee briefly discussed the matter. In response to questions raised, Mr. Bluhm advised that no formal consultation had taken place with the industry nor with the public given that staff had tried to achieve residential separation within the policy. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 26~ 2003 - 69 - CITY OF KITCHENER 4. DTS-03-089 - COMMUNICATION TOWER POLICY (CONT'D) On motion by Councillor B. Vrbanovic - it was resolved: "That the City of Kitchener Draft Communication Tower Policy, dated May 2003, to act as the 'Local Protocol Respecting Antenna Structures', be approved in principle and forwarded to Industry Canada for its review and comment." 5. ADJOURNMENT On motion, the meeting adjourned at 8:00 p.m. L.W. Neil, AMCT Assistant City Clerk