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HomeMy WebLinkAbout2011-05-30PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 30. 2011 CITY OF KITCHENER The Planning and Strategic Initiatives Committee met this date, commencing at 7:15 p. m. Present: Councillor B. Vrbanovic -Chair Mayor C. Zehr and Councillors S. Davey, J. Gazzola, Y. Fernandes, P. Singh, K. Galloway, B. loannidis, Z. Janecki, D. Glenn-Graham, and F. Etherington. Staff: J. Willmer, Deputy CAO, Community Services A. Pinard, Director of Planning S. Turner, Director of Enforcement S. Ross, Assistant City Solicitor C. Bluhm, Manager of Downtown Community Development D. Ross, Manager of Development Review B. Page, Supervisor of Site Development S. Rice, Development Technician C. Goodeve, Committee Administrator Prior to commencement, 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." FCS-11-103 -ENVIRONMENTAL COMMITTEE RECOMMENDATION - AIR QUALITY IN KITCHENER FIVE BEST BETS FOR 2011 The Committee considered Finance and Corporate Services Department report FCS-11-103, dated April 28, 2011 recommending the Air Quality in Kitchener Five Best Bets for 2011. It was noted on the agenda that any recommendation regarding this matter would be considered at a special Council meeting to be held immediately following this meeting. On motion by Councillor Y. Fernandes - itwas resolved: "That in accordance with the Air Quality in Kitchener (2010) report, attached to Development Technical Services Department report DTS-10-149 approved August 2010, the following be approved as the Five Best Bets for 2011: Best Bet #1 - encourage the continuation of retrofits and/or installation of bike lanes, paths and sidewalk connections that link trails to provide safer routes, a mix of recreational routes and encourage more users[Recommended Action 1.3c from the Air Quality in Kitchener Report (2010)]; and, Best Bet #2 - the City of Kitchener should promote educational opportunities that would inform citizens of the benefits of natural areas re: benefits of trees and wetlands -particularly native species [Recommended Action 1.1 b from the Air Quality in Kitchener Report (2010)]; and, Best Bet #3 - support a Public Bike Sharing Program. The system could provide free or affordable access to thousands of bicycles as alternatives to private vehicles [Recommended Action 3.1a from the Air Quality in Kitchener Report (2010)]; and, Best Bet #4 - encourage the Region of Waterloo to open or enable permanent localized recycling /electronic /hazardous waste drop off depots [Recommended Action 6.2a from the Air Quality in Kitchener report (2010)]; and, Best Bet #5 - encourage considerations of the implications for air quality and global climate change during the development of long-range plans [Recommended Action 4.2b from the Air Quality in Kitchener Report (2010)]; and further, PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 30, 2011 - 31 - CITY OF KITCHENER FCS-11-103 -ENVIRONMENTAL COMMITTEE RECOMMENDATION - AIR QUALITY IN KITCHENER FIVE BEST BETS FOR 2011 (CONT'D) That staff through the City's Environmental Study Group be directed to investigate the feasibility and, if appropriate, pursue the implementation of the Air Quality in Kitchener Five Best Bets for 2011." CSD-11-055 -ZONE CHANGE APPLICATION ZC 11/001/H/ATP - HURON ROAD - ACTIVA HOLDINGS INC. The Committee considered Community Services Department report CSD-11-055, dated April 27, 2011 respecting a zone change for a property on Huron Road, owned by Activa Holdings Inc. Ms. D. Ross presented the report. Mr. Pierre Chauvin, MHBC Planning addressed the Committee in support of the staff recommendation. In response to questions, he confirmed that the proposed zone change will permit the development of two units, which will form part of a continuous block of townhouses. On motion by Councillor K. Galloway - itwas resolved: "That Zone Change Application ZC11/001/H/ATP (Huron Road, Activa Holdings Inc.) for the purpose of changing the zoning from Residential Three (R-3), with Holding Provision (17HSR) to Residential Six (R-6), on lands located on Huron Road as shown on the attached Proposed Zoning Map (Map No. 1), in the City of Kitchener, be approved in the form shown in the "Proposed By-law" dated April 27, 2011, attached to Community Services Department report CSD-11-055." CSD-11-061 -DRAFT PLAN OF CONDOMINIUM 30CDM-10214 - 771 HURON ROAD - DEERFIELD HOMES LTD. The Committee considered Community Services Department report CSD-11-061, dated May 3, 2011 regarding a proposed draft plan of condominium for 771 Huron Road. Ms. D. Ross presented the report. In response to questions, Ms. Ross advised that this statutory public meeting is required for the proposed common element parking area. She added that notice was not required to be circulated to the area residents. Councillor K. Galloway indicated that she would like to see the City's notice requirements changed to ensure that the surrounding residents are informed of these matters. Mr. Pierre Chauvin, MHBC Planning addressed the Committee in support of the staff recommendation. On motion by Councillor K. Galloway - 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-10214 for 771 Huron Road in the City of Kitchener, subject to the conditions outlined in Community Services Department report CSD-11-061." 2011 LOCAL ENVIRONMENTAL ACTION FUND (LEAF) APPLICATION - COMMUNITY RENEWABLE ENERGY WATERLOO (CREW) - "KITCHENER SOLAR-CITY INITIATIVE" The Committee was in receipt of correspondence from the Solar City Consortium, dated May 26, regarding a request from Community Renewable Energy Waterloo (CREW) fora 2011 Local Environmental Action Fund (LEAF) grant in the amount of $86,500. to fund Phase I of their Solar-City Pilot Program. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 30. 2011 - 32 - CITY OF KITCHENER 4. 2011 LOCAL ENVIRONMENTAL ACTION FUND (LEAF) APPLICATION - COMMUNITY RENEWABLE ENERGY WATERLOO (CREW) - "KITCHENER SOLAR-CITY INITIATIVE" (CONT'D) Councillor K. Galloway advised that consideration of this item was deferred to this date from the April 11, 2011 Planning and Strategic Initiatives Committee meeting. She stated that at that time, it was suggested that CREW's originally proposed "Kitchener Solar-City Initiative" could be implemented as a pilot project to test the potential uptake by City-wide faith groups. Messrs. Derek Satnik and Glen Woolner, attended in support of the 2011 LEAF application submitted by CREW on behalf of the Solar-City Consortium, consisting of CREW, Greening Sacred Spaces (GSS), and the Mennonite Central Committee of Ontario (MCCO). Mr. Satnik gave a presentation highlighting the various aspects of the Solar-City Pilot program. He advised that a participating faith institution would need to make a minimum commitment, in order to be eligible to receive the free 1kW solar photovoltaic (PV) system. He indicated that $24,500. of the requested LEAF grant would be used toward the design and development of an educational program, which will be provided to interested institutions. He stated that the goal is to move institutions towards making a commitment to install at least a 3kW PV system in the short-term, with plans to expand to 10kW over time. He noted that it is expected that not all interested institutions will have facilities that are suitable for solar panel installations. Therefore, CREW's Solar-City Initiative Manager will perform apre-screening of interested institutions to eliminate any that are incompatible. Following the successful completion of the pre-screening, an experienced local consultant will be hired to perform site assessments and condensed feasibility studies to determine which sites are best able to benefit from a solar system. Mr. Satnik further advised that once it has been confirmed that their site is suitable, the institution will be asked to submit a summary business plan, outlining how they intend to finance the difference between the 1kW the City will contribute, and the additional 2kW which they will be required to fund. He noted that the plan must also include a description of how they intend to expand their 3kW system to 10kW. In addition, aSolar-City Review Committee will be established, consisting of members from CREW, GSS, and MCCO as well as the City of Kitchener will be invited to delegate a representative. Mr. Satnik noted that the purpose of the Review Committee will be to evaluate business plans, and approve the allocation of funding toward the first 1 kW of a candidate institution's solar project. He added that as this is a pilot program, the proposal has been broken into phases. Phase I concentrates on creating success stories, with its budget focusing on educational efforts and capital allowances for only five institutions. He commented that Phase II would build on this by adding a further ten institutions. Mr. Satnik stated that at this time, CREW is asking for $86,500. to implement Phase I of the proposed Solar-City Pilot Program and for the opportunity to report back once it has been successfully completed to request additional funding towards the implementation of Phase II. Mayor C. Zehr questioned who would ultimately own this program, since it is being funded by the City of Kitchener. Mr. Satnik advised that the three members of the Solar-City Consortium would undertake all of the work to implement and run the program. He added that it is being requested that the City allocate $24,500. up front toward the educational program and would retain the remaining funds, which would be accessed on an as needed basis. He acknowledged that clarification is needed regarding overall project ownership as well as the intellectual properties developed as a part of this initiative. Mayor Zehr commented that the City does not have the resources available to administer / facilitate this proposal. In addition, he clarified that any additional costs over and above those outlined in the program's budget for Phase I would have to be borne by the proponents, and not through further LEAF funding. He noted that while this pilot program is preferable to what was previously put forward, he remains sceptical that faith groups would be able to commit the funds needed to install the additional solar panels. Mr. Satnik advised that he is confident that there will be uptake in this program by various faith institutions, noting that several have already approached him and expressed an interest in installing solar panels. He added that no funding would be allocated, until a feasibility study has been done and a commitment has been made by the institution to install the further 2kW at their expense. Clarification was requested by Councillor Z. Janecki regarding the longevity of solar panels. Mr. Satnik advised that the typically warranty for solar panels is 20-25 years, with a total life PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 30, 2011 - 33 - CITY OF KITCHENER 4. 2011 LOCAL ENVIRONMENTAL ACTION FUND (LEAF) APPLICATION - COMMUNITY RENEWABLE ENERGY WATERLOO (CREW) - "KITCHENER SOLAR-CITY INITIATIVE" (CONT'D) expectancy of approximately 40 years. He added that as part of the feasibility study, the institution's roof would be examined to determine when it is due to be replaced. He noted that institutions identified as having a roof that would need to be replaced in the near future, would not be deemed suitable for this program. Mr. Woolner addressed the Committee in support of the comments made by Mr. Satnik and expressed confidence that faith institutions would be interested in pursuing this initiative. He noted that he is aware of one congregation that is in the process of preparing a business case to replace their roof, and is interested in incorporating solar panels into the new design. At the request of Councillor B. Vrbanovic, Mr. Satnik agreed to expand their proposed promotions to ensure that all of the City's faith institutions receive written correspondence inviting them to participate in the Solar-City Pilot Program. Questions were raised regarding the selection process that would be employed to determine which applicant faith groups would take part in the pilot program. Mr. Satnik indicated that eligible institutions would be selected chronologically, with the first to express an interest being the first to be evaluated. However, this would be subject to CREW's Solar-City Initiative Manager being granted some flexibility to ensure that the participating faith institutions collectively represent as much of the City's population as possible, are spread out geographically, and are from the various faiths present in Kitchener. Additional questions were raised as to what would happen if no faith institutions showed an interested in pursuing the program beyond the educational component. Mr. Satnik advised that while he would be surprised if that occurred, at a minimum their members would be educated in measures to reduce their environmental impact, energy use, and in some cases how to install solar energy projects on their own homes. Councillor B. loannidis expressed concern that depending on the outcome of next October's Provincial Election, the Green Energy Act's feed-in tariff programs may be cancelled; thereby, reducing the incentive for faith institutions to undertake this proposal. Mr. Satnik noted that this emphasizes the importance for moving forward as soon as possible. He added that they will work to ensure that participating faith groups have their 20-year contracts in place prior to the Election, so that they are not be affected by any potential cancellation. On motion, Councillor K. Galloway brought forward a recommendation to approve the requested LEAF grant to CREW for Phase I of their Solar-City Pilot Program and following its successful completion, CREW may submit an additional LEAF application to request funding for Phase II. On motion by Mayor C. Zehr, it was agreed to amend Councillor Galloway's motion to indicate that the allocation of funding would be subject to the development of an agreement satisfactory to the City Solicitor, which addresses project and intellectual property ownership. Councillor loannidis volunteered to be the City of Kitchener's representative on the Solar-City Review Committee. The following motion was voted on by a recorded vote and Carried with Mayor C. Zehr and Councillors, Y. Fernandes, K. Galloway, P. Singh, B. loannidis, B. Vrbanovic, S. Davey, F. Etherington, Z. Janecki and D. Glenn-Graham voting in favour, and Councillor J. Gazzola voting in opposition. On motion by Councillor K. Galloway - itwas resolved: "That a 2011 Local Environmental Action Fund (LEAF) grant in the amount of $86,500., be approved to Community Renewable Energy Waterloo (CREW) to fund Phase I of their Solar-City Pilot Program, subject to the development of an agreement satisfactory to the City Solicitor, which addresses project and intellectual property ownership; and further, PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 30, 2011 - 34 - CITY OF KITCHENER 2011 LOCAL ENVIRONMENTAL ACTION FUND (LEAF) APPLICATION - COMMUNITY RENEWABLE ENERGY WATERLOO (CREW) - "KITCHENER SOLAR-CITY INITIATIVE" (CONT'D) That following the successful completion of Phase I, CREW may submit an additional LEAF application to fund Phase II of their Solar-City Pilot Program." PRESENTATION - HIGHBROOK COMMUNITY NOISE CONCERN - REQUEST FOR FOLLOW-UP ON SITUATION INVOLVING ADJACENT COMMERCIAL PROPERTY The Committee was in receipt of minutes from the September 27, 2010 Development and Technical Services Committee meeting, at which members of the Highbrook Community outlined their concerns regarding the noise emanating from an adjacent commercial property. In addition, the Committee was in receipt this date of a petition signed by 22 area residents requesting the construction of a highway-grade noise barrier and that AutoBahr and Byma's Tire be required to keep their back-bay doors closed. Mr. Stewart Saunderson addressed the Committee advising that Byma's Tire's rear doors are 80 feet from his house. He stated that the noise consultant hired by the City had recommended that a 4 metre high highway noise barrier be constructed to reduce the noise an acceptable level, instead a 3 metre high wooden fence was constructed which has had little effect. In response to questions, Mr. Saunderson advised that before the fence was built, Byma's Tire was co-operating by keeping their bay doors closed; however, since the fence was completed they are no longer doing so. He added that on hot summer days, all the doors are open, so that on beautiful summer days the neighbours have no peace and quiet. He suggested that Byma's Tire and AutoBahr could install air conditioners and HVAC units, so they no longer have a reason to keep their doors open. He acknowledged that while he can hear the traffic on Fischer Hallman Road, the noise emanating from the operation of these businesses is over and above the noise coming from the road. He commented that when they close their rear-bay doors and his windows are closed, the noise is bearable. Mr. Chris Maciak addressed the Committee, advising that he has lived on Highbrook Drive for 14 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 and he cannot sleep, or use his backyard. He advised that neighbours have contacted Waterloo Regional Police Services numerous times to complain about noise and have filed multiple complaints with the City's By-law Enforcement; however, this problem has continued for the last three years. He stated that AutoBahr usually have their rear-bay doors open and conduct emission tests in the lane-way separating the business and his backyard. He added that his house typically shakes whenever they are conducting these tests. Mr. Maciak commented that the neighbours are asking for help from the City as they do not know where else to go. Ms. Jennifer Colacrai addressed the Committee, thanking staff and Council for their previous efforts to resolve this matter. She stated that this situation has been going on for the past three years, adding that the neighbourhood has been patient long enough. She requested that firm dates be provided as to when the noise level studies will be completed and that AutoBahr be required to conduct their emissions testing at the front of their building. She then displayed eight digital photographs to the Committee that depict the existing wooden noise fence, which she noted has not improved the situation. She pointed out that the existing fence contains gaps and is not high enough to cover AutoBahr's four rear-bay doors. She advised that the noise has forced them into their homes during the summer and they are not able to enjoy their backyards. In addition, she expressed concerns with the possible detrimental impacts that the vehicle emissions may be having on the health of area residents. She noted that she cannot hold any events in her backyard and asked that the City do something to help the neighbourhood. In response to questions, Ms. Colacrai referred to the petition signed by area residents requesting that Byma's Tire and AutoBahr be required to keep their back-bay doors closed. She commented that Byma's Tire has made an effort to keep their doors closed; however, AutoBahr seems to have no regard for their concerns. She pointed out that the business' telephone is connected to their P. A. system and she can hear all of their telephone calls. She noted that during inclement weather when the bay doors are closed, the noise is tolerable. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 30. 2011 - 35 - CITY OF KITCHENER 5. PRESENTATION - HIGHBROOK COMMUNITY NOISE CONCERN - REQUEST FOR FOLLOW-UP ON SITUATION INVOLVING ADJACENT COMMERCIAL PROPERTY (CONT'D) Councillor Y. Fernandes questioned if consideration had been given to the construction of a "green barrier" to help reduce the noise. Mr. S. Turner advised that the issue of vegetation as a sound barrier was suggested as part of the original site plan; however, the consultant's report submitted at that time indicated that vegetation would not be valuable as a sound barrier and it was not implemented. He noted that it might be challenging to sustain vegetation on the section of land between the fence and lane-way. Ms. Colacrai added that she also considered this alternative, but it was identified that they would have to plant very large trees in her backyard in order to have any effect. Mr. Tom Platt addressed the Committee, advising that he is a wholesale auto parts supplier and Byma's Tire is one of his customers. He stated that out of the 4,478 shops in his territory, this is the only one that has bay doors in this close a proximity to residential properties. He added that he does not blame Byma's Tire for this situation, as this is a permitted use for that property. He noted that while requiring these businesses to keep their rear-bay doors closed would make the situation bearable, it would not completely solve the problem. Mr. Turner advised that By-law Enforcement staff are working to resolve this situation and have established a point person to keep residents informed of their progress. He stated that since the noise fence was erected, noise measurements have been taken; however, weather has limited their ability to conduct those tests. He advised that a dedicated By-law Officer has been out to measure noise levels, indicating that 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 as well as during the day. He stated that if the noise levels are found to be in excess of what is permitted, then staff would take appropriate action. However, if the noise measurements do not exceed the permissible levels, they are limited in what can be done to resolve this issue. He noted that their test results will be verified by a noise consultant who will also be asked to undertake their own readings. In response to question from Councillor P. Singh regarding the gaps in the existing wooden noise fence, Mr. J. Willmer advised that staff are aware of the deficiencies and will be speaking to the property owner. Councillor Singh advised that over the past six months he has been working with the Highbrook Community to try to find a solution to their problems. He added that he is committed to continuing to work with all parties involved to find a resolution to this matter. Questions were raised regarding the possibility of Byma's Tire and AutoBahr installing air conditioners and HVAC units to allow their doors to be closed year-round. Mr. Turner advised that discussions have been held with both businesses as to possible solutions; however, the City's ability to require those types of measures is dependant upon the results of the noise readings. Councillor K. Galloway advised that as the former Ward Councillor, she has also spoken with the property owner regarding air conditioners and HVAC units, and was informed that significant costs would be incurred to install those devices. She added that the owner also indicated that typically these kinds of businesses operate with their bay-doors open and do not usually have air conditioners. She noted that while she is no longer the Ward Councillor, she would continue to facilitate meetings and endeavour to find a solution to this problem. Questions were raised regarding air quality and Mr. Turner advised that issues related to air quality fall outside the City's jurisdiction. He stated that he would consult with the Ontario Ministry of the Environment about this issue. In addition, he agreed to provide additional information as to whether the City's by-laws addressed the issue of continuous noise occurring over an extended period at a level just below what would be deemed excessive. In response to questions regarding the site plan review process, Mr. Willmer advised that at the time when the site plan for Byma's Tire and AutoBahr was considered, both businesses were permitted uses for the property. He stated that since this matter came to light, the zoning PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 30. 2011 - 36 - CITY OF KITCHENER 5. PRESENTATION - HIGHBROOK COMMUNITY NOISE CONCERN - REQUEST FOR FOLLOW-UP ON SITUATION INVOLVING ADJACENT COMMERCIAL PROPERTY (CONT'D) for these kinds of businesses has been changed to mitigate the possibility of a similar situation occurring in the future. Councillor B. Vrbanovic thanked the area residents for attending and advised that the City is committed to reaching an amicable resolution to this matter. 6. CSD-11-036 -AMENDMENTS TO MUNICIPAL CODE CHAPTER 680 (SIGNS) The Committee considered Community Services Department report CSD-11-036, dated May 19, 2011 recommending amendments to Kitchener Municipal Code Chapter 680 (Signs). Mr. B. Page presented the proposed changes to the City's Sign By-law. In response to questions, Mr. Page confirmed that no changes are being proposed to the Portable Sign regulations. He confirmed that the comments made by the Downtown Advisory Committee, with respect to video projection signs, were considered when the proposed new Sign By-law was drafted. He suggested that the proposed separation distance between signs, the $1,200. per year fee and regulations such as distance from an intersection, should mitigate the potential proliferation of those signs. Councillor D. Glenn-Graham expressed concerns with the impact that video projection signs may have on the Downtown and requested that the provisions of the new Sign By-law related to video projection signs be dealt with separately. Councillor Y. Fernandes expressed concerns with the potential safety implication of permitting any further automatic changing copy signs and requested that the provisions of the new Sign By-law related to those signs be dealt with separately. Councillor P. Singh declared a pecuniary interest as his family has interests in properties outlined on the maps that form Appendix `A' of the new Sign By-law; and accordingly, he abstained from all discussion and voting regarding this matter. On motion by Councillor K. Galloway, the recommendation contained in Report CSD-11-036, to repeal and replace the existing Sign By-law was brought forward for consideration. Questions were raised regarding the proposed reduction in the maximum area that a window could be covered by a sign from the currently permitted 50% to the proposed 25%. Mr. Page advised that the proposed reduction is being put forward in keeping with the tenets of Crime Prevention Through Environmental Design (OPTED). He added that ensuring the interior of a building is not obstructed enhances the safety of the occupants and contents. Several members expressed support for having the maximum window sign coverage remain at the existing 50%. It was noted that many businesses have curtains or shelving against their windows, which limits visibility but are permitted under the City's By-laws. On motion, Councillor Z. Janecki brought forward an amendment to the new Sign By-law to have the maximum area of a window that may be covered /blocked remain at 50%. Councillor Janecki's amendment was then voted on by a recorded voted and was Carried, with Councillors S. Davey, Z. Janecki, J. Gazzola, Y. Fernandes, B. loannidis and B. Vrbanovic voting in favour, and Mayor C. Zehr and Councillors D. Glenn-Graham, K. Galloway and F. Etherington voting in opposition. Questions were raised regarding the difference between an automatic changing copy sign and a video projection sign. Mr. Page advised that an automatic changing copy means writing or images on a sign, shown by any electronic means, and which may or may not change. He stated that a video projection sign projects a video image from an external source by electronic means onto a building or surface and may contain non-accessory copy. He noted that video projection signs can only be viewed during evening hours, while automatic changing copy PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 30. 2011 - 37 - CITY OF KITCHENER 6. CSD-11-036 -AMENDMENTS TO MUNICIPAL CODE CHAPTER 680 ISIGNSI ICONT'D signs can operate regardless of the time of day. He pointed out that the Delta Hotel on King Street currently has a video projection sign. Questions were raised regarding the approvals granted to the Delta Hotel to operate a video projection sign. At the request of Mayor Zehr, staff agreed to follow up as to what conditions were stipulated for that sign. Clarification was requested as to the City's ability to restrict the content being shown on these kinds of signs. Mr. S. Ross advised that the City does not have the authority to control third party sign content due to the Canadian Charter of Rights and Freedom, which guarantees rights of expression. He noted that an exception to this would be signs that are owned by the City. Councillor Fernandes cited a study done by the University of Toronto which examined the effects that automatic changing copy signs have on drivers. She commented that, in her opinion, both automatic changing copy signs pose a risk to public safety and would have a detrimental impact on the aesthetics of the City; and therefore, she was not in support of the further use of this kind of sign. On motion, Mayor C. Zehr brought forward an amendment to prohibit automatic changing copy signs within the boundaries of the Downtown Community Improvement Area. Mr. C. Bluhm stated that four automatic changing copy signs were purchased and are awaiting installation as part of the King Street re-design project. He noted that the proposed amendment would impact these signs as well as the one currently located on the bridge spanning King Street between Market Square and the Delta Hotel. Mr. Page advised that regulations outline that any automatic changing copy shall not contain flashing, intermittent, or moving lights. In addition, the rate of change of the content of the copy shall be static for a minimum of six seconds. He noted that this is to ensure that there is no impact or distraction to drivers. Mayor Zehr withdrew his proposed amendment prohibiting automatic changing copy signs. On motion by Mayor C. Zehr, the provisions of the new Sign By-law pertaining to automatic changing copy signs were voted on a recorded vote and Carried, with Mayor C. Zehr and Councillors, J. Gazzola, K. Galloway, B. loannidis, B. Vrbanovic, S. Davey, F. Etherington, Z. Janecki and D. Glenn-Graham voting in favour, and Councillor Y. Fernandes voting in opposition. On motion, it was agreed to amend Councillor Galloway's motion, to change the separation distance between video projection signs as outlined in the new Sign By-law from the proposed 50 metres to 100 metres. Councillor Glenn-Graham spoke in opposition to the further installation of video projection signs in the Downtown. He stated that these signs should only be permitted on a temporary basis for use as part of a special event. He commented that this would not apply to the Cube on top of City Hall, but rather to any new permanent signs. Clarification was requested regarding a provision of the new Sign By-law stipulating that in the event a video projection sign is determined to be a traffic hazard by City and/or Region of Waterloo staff, the City has the right to revoke the sign permit with notice to the applicant. Mr. Page advised that if it is proved that one of these signs caused an accident, then it would be removed. Mr. Ross added that this wording provides the City with a certain amount of discretion when identifying a sign as being a hazard. A motion, by Councillor D. Glenn-Graham was brought forward for consideration to amend the new Sign By-law to prohibit any further video projection signs within the boundaries of the Downtown Community Improvement Area, notwithstanding temporary mobile video projection signs being used for special events. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 30, 2011 - 38 - CITY OF KITCHENER 6. CSD-11-036 -AMENDMENTS TO MUNICIPAL CODE CHAPTER 680 (SIGNS) (CONT'D) Councillor Glenn-Graham's amendment was then voted on by a recorded vote and was Lost, with Councillors S. Davey, F. Etherington, Z. Janecki and D. Glenn-Graham voting in favour, and Mayor C. Zehr and Councillors, J. Gazzola, Y. Fernandes, K. Galloway, B. loannidis and B. Vrbanovic voting in opposition. On motion by Councillor K. Galloway, the provisions of the new Sign By-law pertaining to video projection signs was Carried on a recorded vote, with Mayor C. Zehr and Councillors, J. Gazzola, Y. Fernandes, K. Galloway, B. loannidis and B. Vrbanovic voting in favour, and Councillors S. Davey, F. Etherington, Z. Janecki and D. Glenn-Graham voting in opposition. The following motion was voted on by a recorded vote and Carried Unanimously. On motion by Councillor K. Galloway - itwas resolved: "That the proposed new Sign By-law attached to Community Services Department report CSD-11-036, to repeal and replace the existing Sign By-law number 2007-170, be adopted, save and except the following which shall provide that: • the separation distance between video projection signs outlined in the new Sign By-law be changed from the proposed 50m to 100m; and, • the maximum area of a window that may be covered/blocked shall remain at 50%; and, That the new Sign By-law be incorporated into the City of Kitchener Municipal Code; and further, That the proposed new fee for banner signs and inflatable signs, as outlined in Community Services Department report CSD-11-036, be approved as a change to the comprehensive schedule of fees and charges effective July 1, 2011." CSD-11-064 -CEDAR HILL LAND USE AND SOCIAL ENVIRONMENT STUDY - 2011 PROJECT UPDATE The Committee considered Community Services Department report CSD-11-064, dated May 13, 2011 regarding the Official Plan and zoning applicable to the lands within the Cedar Hill Planning Community. Mr. J. Willmer advised that on January 14, 2010, the Ontario Municipal Board (OMB) issued an interim decision regarding the appeal of City of Kitchener Official Plan Amendment No. 58, and By-law 2005-91 amending Zoning By-law 85-1, relating to the Cedar Hill neighbourhood. In that interim decision, direction was given to the City and all other parties to prepare for Phase 2 of the hearing. In addition, the OMB also noted that the interim decision: "allows Council to update its file. The restrictive measures in question date form an earlier Council; the Interim Control By-law was adopted in 2003, and the measures under appeal date from early 2005. The current Council may have its own views." Mr. Willmer then reviewed the findings of the 2010 Cedar Hill Study update, identifying that many of the indicators noted in the previous study that signalled distress have stabilized or improved, both in absolute terms and relative to other Downtown Planning Communities. He stated that the most recent indicators are consistently positive for the neighbourhood, adding that Cedar Hill is no longer distinguishably worse off than the comparator neighbourhoods. Finally, in the years since Interim Control By- law 2003-89 first came into effect, changes to Provincial legislation, Downtown community investment and development, and Regional transit options have resulted in a significantly more positive environment for investment and redevelopment in the Downtown area. Mr. Willmer advised that accordingly, it is being recommended that the Official Plan and zoning applicable to the lands within the Cedar Hill Planning Community be restored to what they were prior to the 2005 amendments. Councillor P. Singh declared a pecuniary interest as his family has interest in properties in the area, and he abstained from all discussion and voting regarding this matter. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 30, 2011 - 39 - CITY OF KITCHENER 7 CSD-11-064 -CEDAR HILL LAND USE AND SOCIAL ENVIRONMENT STUDY - 2011 PROJECT UPDATE (CONT'D) In response to questions, Mr. S. Turner advised that a close relationship has been forged with community members, adding that the Cedar Hill area would continue to be a priority for By-law Enforcement so that it does not slip from stability to decline. He stated that new tools are being investigated to help ensure the area remains stable. He indicated that one possibility is a new regulation to require the demolition of buildings that have remained vacant for an extended period. He noted that another possibility is to require that vacant buildings be maintained to the same standard as occupied buildings in the neighbourhood. Mr. Willmer advised that these are intended to be pro-active measures aimed at addressing situations that may occur in the future. Councillor F. Etherington stated that as the Ward Councillor, he took part in several meetings with members of the Cedar Hill community. He stated that the community seems satisfied by what is being recommended. It was noted that any recommendation regarding this matter would be considered at a special Council meeting to be held immediately following this meeting. On motion by Mayor C. Zehr - itwas resolved: "That the Ontario Municipal Board be advised that the City of Kitchener is no longer pursuing the approval of By-law 2005-091, being the `placeholder zoning' for the Cedar Hill neighbourhood, or the approval of those policies within Official Plan Amendment 58 relating directly to the implementation of the placeholder zoning; and, That the City of Kitchener's commitment to supporting community development in Cedar Hill and surrounding areas, through Community Investment funding of the Downtown East program, be reaffirmed; and, That the Cedar Hill neighbourhood continue to be a high priority area for Kitchener by- lawenforcement efforts; and further, That staff be directed to report back on the merits of potential by-law regulations and enforcement procedures relating to the maintenance and demolition of vacant buildings not designated under the Heritage Act or listed on the Heritage Register." ADJOURNMENT On motion, this meeting adjourned at 10:20 p. m. Colin Goodeve Committee Administrator