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HomeMy WebLinkAboutCouncil - 2012-10-01COUNCIL MINUTES OCTOBER 1, 2012 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Hannah Tipping. On motion by Councillor S. Davey the minutes of the regular meeting held September 17, 2012 and special meeting held September 24, 2012, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mr. Sam Besse, Chair, KW International Children's Games Committee, and Ms. Lauren Schearer, Delegate Athlete, addressed Council on behalf of the athletes and coaches who participated in the International Children's Games in South Korea in August 2012. Mr. Besse expressed thanks to the City for its support of this endeavour, noting that over 2,000 children from 80 countries participated in the games. Ms. Schearer spoke to her experience as an athlete at the Games, commenting on how she has learned to live everyday through the motto of "peace through sport." Mr. Greg Priamo, Zelinka Priamo was in attendance in opposition to the recommendation to refuse the zone change application for 1011 Homer Watson Boulevard, listed as Clause 1 on the Planning and Strategic Initiatives Committee report. In response to questions, he indicated that the total site is approximately 49.85 hectares (ha), which includes 15 ha of parklands currently on lease to the City. He advised that the parklands are composed of two parcels, with one being subject to a 99-year lease and the other ashort-term lease. He confirmed that the owners of the subject lands, Ball Construction, have challenged the long-term lease and have given notice to the City of their intent to withdraw the short-term lease. Questions were raised regarding the proposed development, Mr. Priamo advised that the subject application applies to only 11.46 ha, which is approximately 23% of the total site. He confirmed that the re-zoning has been requested to allow for commercial use, which includes a retail grocery element on approximately 10 acres or 8% of the overall site. He noted that to maximize the success of this kind of commercial development, it needs to be anchored by a food store. He estimated that the proposal could provide for 500 - 1,000 full and part-time employment opportunities. He indicated that the owners would not be developing the commercial element; but, would either sell the lands, or partner with a commercial developer. He acknowledged that any conditions or guidelines that form part of the approvals process would have to be adhered to by any future retail partner. He noted that they have already received a significant amount of interest in the commercial component. In response to further questions, Mr. Priamo acknowledged that while no formal and / or written proposal was submitted, during the application process several concessions were discussed with staff to make the application more appealing to the City. He noted that given the disagreement with staff on the fundamental principles of the applications, discussions never advanced to possible conditions that could be imposed on the remainder of the subject lands to ensure they are developed solely for industrial use. He indicated that if required, the applicant would be willing to restrict / remove the non-industrial uses on the remainder of the site. Clarification was requested as to whether the applicant would support Council deferring its consideration of this matter to a later date. Mr. Priamo indicated that if clear direction was given as to what was to be accomplished by the deferral then the applicant would most likely support it. However, he questioned the need for a deferral if the reasoning behind it was to allow time for the continued debate of existing issues. He confirmed that provided all parties were acting in good faith and the timeline was reasonable, the applicant would take that into consideration when contemplating whether to pursue an appeal to the Ontario Municipal Board (OMB). In response to questions, Ms. von Westerholt, Senior Planner, referred to a map indicating mixed use nodes located at Fischer-Hallman Road, south of Huron Road; Huron Road; and, Strasburg Road. She stated that there are four existing locations and three other sites in the area that already have the legal designation for a grocery store. She suggested that consideration should be given to the planned use of these existing mixed use nodes and the impact that the introduction of an unplanned grocery store may have on the ability to develop these other sites in the future. She stated that as outlined by Mr. Priamo, grocery stores typically act as an anchor for a commercial development. She noted that should one of the existing grocery stores be forced to close as a result of the proposed development, it would impact the ability to lease space in that plaza. She indicated that staff are not disputing the findings of the applicant's Retail Demand and Impact Analysis adding that staffs' COUNCIL MINUTES OCTOBER 1, 2012 - 232 - CITY OF KITCHENER objections are based on the loss of industrial lands; and accordingly, the proposed use is not suitable for the subject lands. She indicated that there is not a significant amount of residential development anticipated for this area, adding that the proposed commercial development can be accommodated elsewhere in the City. She confirmed that the entirety of the 23% of the site to which this application applies could be developed for retail use. Questions were raised as to the process that would need to be followed to ensure that the remainder of the subject lands are developed for industrial use. Ms. D. Ross, Manager, Development Review, indicated that a zoning amendment would be needed to restrict the uses permitted on the remainder of the site. Accordingly, the applicant would ideally submit new or amended applications to identify the commercial uses and those intended for the remainder of the lands. She added that the amended applications would still need to be circulated and advertised. She noted that while submission process could be expedited, staffs' position on the proposed development would remain unchanged, as these are still protected employment lands that should not be re-zoned. On motion by Councillor B. Vrbanovic, seconded by Councillor Z. Janecki, Clause 1 of the Planning and Strategic Initiatives Committee report was brought forward for consideration. A motion was brought forward by Councillor J. Gazzola, seconded by Councillor Y. Fernandes, to defer consideration of this matter to the January 28, 2013 Planning and Strategic Initiatives Committee meeting and direct staff to discuss with the applicant the submission of an amended application to remove those uses not considered core industrial uses allowed in the M2 zoning. At the request of Councillor B. Vrbanovic, Councillor Gazzola agreed to amend the deferral motion to include a provision to direct staff to discuss with the applicant the option of removing the grocery store element from the requested zone change application. Mr. B. Sloan, Manager of Long Range Planning, advised that the applicants are claiming that commercial uses are employment uses and, therefore, not a conversion. He stated that in staffs' opinion, the proposed zone change is a conversion of employment lands and the policy is clear that in employment areas, major retail uses are not considered employment uses. He cautioned that in accordance with the Places to Growth Act, 2005, a change in land use designation to allow major retail such as that proposed by the applicant, would constitute a conversion and can only be considered through a municipal comprehensive review. He suggested that Council may wish to seek further legal advice as to whether it has the capacity to consider a site specific conversion. Moved by Councillor P. Singh Seconded by Councillor K. Galloway "That an in-camera meeting of City Council be convened immediately in order to receive advice subject to solicitor-client privilege." Carried. The meeting then recessed at 9:06 p. m. and re-convened at 9:22 p. m., chaired by Mayor C. Zehr with all members present. Councillor B. loannidis brought forward an amendment to Councillor Gazzola's deferral motion, which was accepted as friendly, requesting a peer review on the applicant's Retail Demand and Impact Analysis. In response to questions, Ms. Ross advised that preliminary timelines for the completion of a peer review was estimated at four to six weeks. She noted that the staff recommendation would remain the same irrespective of the outcome of the peer review. Councillor B. loannidis agreed to withdraw his amendment to request a peer review. Councillor Gazzola's deferral motion was then voted on and LOST on a recorded vote with Councillors B. Vrbanovic, Y. Fernandes, D. Glenn-Graham, S. Davey, and J. Gazzola voting in favour; and Mayor C. Zehr and Councillors Z. Janecki, F. Etherington, P. Singh, B. loannidis and K. Galloway voting in opposition. COUNCIL MINUTES OCTOBER 1, 2012 - 233 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki "That Clause 1 of the Planning and Strategic Initiatives Committee report of this date, be adopted." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors, B. loannidis P. Singh, Z. Janecki, J. Gazzola, F. Etherington, B. Vrbanovic and K. Galloway Contra: Councillors Y. Fernandes, J. Gazzola, D. Glenn-Graham and S. Davey. Carried. Ms. Emely Tscholy, area resident, addressed Council in opposition to the demolition control application submitted for 50 Edmund Road, listed as Clause 3 on the Finance and Corporate Services Committee report. She circulated a copy of a petition signed by area residents who are in opposition to the proposed demolition. She expressed concerns related to the impact that the demolition could have on surrounding neighbours and questioned who would be liable for any potential structural damage as well as assurances that proper building practices would be followed. She indicated that she has resided in this area for over 26 years and stressed that area residents do not want asemi-detached dwelling constructed in their neighbourhood. Accordingly, she requested that Council refuse the subject application as a means of preserving the existing streetscape. In response to questions, Ms. Tscholy advised that she attended a meeting with the owner and City staff to discuss the subject demolition and she felt that the owner was not forthcoming with information. She added that as a result she circulated the petition to prevent the development of a semi-detached dwelling that would not be in keeping with the other homes on Edmund Street. She indicated that she received a letter dated September 7, 2012 notifying her that the proposed demolition would be considered at the September 24, 2012 Community & Infrastructure Services Committee meeting. She noted that when she checked the City's website it showed that meeting had been cancelled and she was not aware that the application would be subsequently considered at the Finance and Corporate Services Committee meeting; which is why she was appearing before Council at this time. Councillor Y. Fernandes requested that staff review the current procedure as to how the public is informed of cancelled meetings on the City's website. Ms. Helen Opyc, area resident, also addressed Council in opposition to the demolition control application submitted for 50 Edmund Road. She stated that she only learned of the proposed demolition on September 29, 2012 when Ms. Tscholy asked her to sign a petition. She added that four years ago her family moved to the area because of the streetscape and mature neighbourhood. She commented that allowing the demolition of 50 Edmund and the development of asemi-detached dwelling would negatively impact the area's character. She noted that the existing house appears to be structurally sound, and suggested that it should be preserved. In response to questions, Ms. Opyc advised that she lives approximately seven houses away from the subject property and confirmed that she did not receive any notice from the City regarding the proposed demolition. Questions were raised regarding the City's procedure for notifying area residents of a demolition control application. Ms. D. Ross, Manager of Development Review, confirmed that a courtesy notice was circulated to all property owners within 60 metres of the subject property. It was estimated that given the size of the lots in this neighbourhood, Ms. Opyc's property would have fallen outside of the notification area. She indicated that consideration would be given to expanding the area captured by future circulations for courtesy notices. She suggested that area residents could approach the property owner or the demolition company with concerns regarding liability for damages that may be caused by a demolition. She advised that the demolition control process was put in place to prevent the premature or unjustified removal of buildings. She added that when processing this type of application, primary planning consideration is given to preserving the City's housing stock. COUNCIL MINUTES OCTOBER 1, 2012 - 234 - CITY OF KITCHENER Councillor F. Etherington expressed concern regarding the recent trend of demolitions in existing mature neighbourhoods to facilitate the construction of asemi-detached dwelling. He questioned how the City could maintain the character of an existing neighbourhood when faced with infill development requests. Ms. D. Ross advised that duplexing is a right under Ontario law and the proposed redevelopment of the site with asemi-detached dwelling is permitted through the existing Residential Four (R-4) Zoning. She added that the City's Official Plan as well as the Province mandates intensification in existing urban areas. On motion by Councillor S. Davey, seconded by Councillor P. Singh, Clause 3 of the Finance and Corporate Services Committee report was brought forward for consideration. Councillor Y. Fernandes spoke in support of the comments made by Councillor Etherington and expressed concerns with the City's current approach to demolition control applications. She suggested that this matter should be deferred to allow time for Council to gain a better understanding of the impact the proposed infill development may have on the community. A motion was brought forward by Councillor Y. Fernandes, seconded by Councillor Z. Janecki, to defer consideration of the Demolition Control Application for 50 Edmund Road to the October 22, 2012 Council meeting. Councillor Fernandes' deferral motion was then voted on and Lost. Moved by Councillor S. Davey Seconded by Councillor P. Singh "That Clause 3 of the Finance and Corporate Services Committee report of this date, be adopted." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors B. loannidis, P. Singh, J. Gazzola, B. Vrbanovic, K. Galloway, J. Gazzola, D. Glenn-Graham and S. Davey. Contra: Councillors Y. Fernandes, F. Etherington and Z. Janecki. Carried. Moved by Councillor S. Davey Seconded by Councillor P. Singh "That the balance of the Finance and Corporate Services Committee report of this date, be adopted." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki "That the balance of the Planning and Strategic Initiatives Committee report, as amended, be adopted." Mr. R. Gosse, City Clerk, advised that Council was circulated Community Services Department report CSD-12-140 (A. Pinard), which contains amendments to the proposed Zoning By-law for the Lancaster Street West Mixed Use Corridor, listed as Clause 3 on the Planning and Strategic Initiatives Committee report. Council agreed to amend Clause 3 of the Planning and Strategic Initiatives Committee report, as outlined in Report CSD-12-140. The balance of the Planning and Strategic Initiatives Committee report, as amended, was then voted on and Carried. COUNCIL MINUTES OCTOBER 1, 2012 - 235 - CITY OF KITCHENER Moved by Councillor S. Davey Seconded by Councillor K. Galloway "That the report of Audit Committee report be adopted." A motion was brought forward by Councillor Y. Fernandes, seconded by Councillor Z. Janecki, to amend Clause 1 of the Audit Committee report to provide that the factor of "Funding Source" be included in the service review framework at a weighting of 5% and the Expense Budget be reduced from 30% to 25%; which was voted on and Lost. The Audit Committee report as moved by Councillor Davey was then voted on and was Carried. Council then considered Community Services Department report CSD-12-139 (G. Stevenson) listed as Item 7 (a) under Unfinished Business regarding the Zone Change Application for 21 Birch Avenue. Mr. G. Stevenson, Planner, reviewed the report, advising that since the September 17, 2012 Council meeting, Planning staff conducted a zoning analysis of ten dwellings on Birch Avenue which are located within the same block as the subject property. He stated that based on the findings of that analysis, a revised draft by-law, as attached to Report CSD-12-139, has been brought forward for Council's consideration. He indicated that the new by-law provides a special zoning regulation provision for an increased front yard setback of 8.0 metres which is considered as being compatible with other front yard setbacks of the existing dwellings on Birch Avenue. Councillors Y. Fernandes and Z. Janecki expressed concerns that even with the changes being put forward by staff, the proposed redevelopment of 21 Birch Avenue with asemi-detached dwelling would not be compatible with the existing streetscape. Several members spoke in support of the adjusted setbacks being proposed by staff, noting the proposed redevelopment aligns with the City's Official Plan as well as the provincially mandated policies for growth and intensification. Moved by Councillor D. Glenn-Graham Seconded by Councillor J. Gazzola "That Zone Change Application ZC12/008/B/GS for Mary and Dragan Cikic at 21 Birch Avenue, for the purpose of changing the zoning from Residential Three (R-3) to Residential Four (R-4) in the form shown in the "Proposed By-law" dated September 25, 2012, attached to Community Services Department report CSD-12-139 as Appendix "A", be approved; and further, "That Demolition Control Application DC12/011/B/GS requesting permission to demolish one (1) single detached dwelling located at 21 Birch Avenue, owned by Mary and Dragan Cikic, be approved subject to the following condition: That the owner 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: 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." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors, B. loannidis P. Singh, J. Gazzola, B. Vrbanovic, K. Galloway, J. Gazzola, D. Glenn-Graham, F. Etherington, and S. Davey. COUNCIL MINUTES OCTOBER 1, 2012 - 236 - CITY OF KITCHENER Contra: Councillors Y. Fernandes and Z. Janecki. Carried. Council then considered the Civic Learning Opportunity recommendation listed as Item 7 b) under Unfinished Business which was deferred from the September 24, 2012 special Council meeting to allow time for Compass Kitchener to provide input on the proposed civic learning contest. Councillor D. Glenn-Graham provided an overview of this matter, advising that Compass Kitchener has suggested that those members of Council interested in taking part should develop a short list of prospective finalists, with the winners being selected jointly by the Kitchener Citizen and Compass Kitchener. He noted that Compass Kitchener has further suggested that ideally one winner should be selected from each Ward. On motion by Councillor D. Glenn-Graham, seconded by Councillor J. Gazzola, the Civic Learning Opportunity recommendation listed as Item 7 b) under Unfinished Business incorporating the suggestions put forward by Compass Kitchener was brought forward for consideration. Councillor Z. Janecki advised that while he supported the tenets of the Civic Learning Opportunity, he expressed concern with the age group selected to participate in the contest, noting that 10-12 year olds might have difficulty writing the required essay. Moved by Councillor D. Glenn-Graham Seconded by Councillor J. Gazzola "That a civic learning contest be run in the Kitchener Citizen for children aged 10-12, with the eleven winners holding a half hour debate in Council Chambers at 7:00 pm on a night in 2013 that a Council meeting is scheduled to be televised; and further, That those members of Kitchener City Council interested in taking part in this initiative be tasked with developing a short list of prospective finalists, with the winners, ideally one from each Ward, being selected jointly by the Kitchener Citizen and Compass Kitchener." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors, B. loannidis P. Singh, J. Gazzola, B. Vrbanovic, K. Galloway, J. Gazzola, Y. Fernandes, D. Glenn-Graham, F. Etherington, and S. Davey. Contra: Councillor Z. Janecki. Carried. Councillor B. Vrbanovic advised that given the late hour, he would provide the update on the Long- term Infrastructure Plan listed as Item 8 a) under New Business at a future Community and Infrastructure Services Committee meeting. Councillor B. Vrbanovic gave notice that he would introduce a motion this date concerning VIA Rail service cuts, listed as Item 8 a) under New Business. At the suggestion of Councillor J. Gazzola, Councillor Vrbanovic agreed to amend the motion to include local area Members of Parliament to the list of parties that will be circulated copies of the resolution. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "WHEREAS VIA Rail on June 27, 2012 announced significant reductions in passenger rail service across Canada; and, COUNCIL MINUTES OCTOBER 1, 2012 - 237 - CITY OF KITCHENER WHEREAS beginning in November 2012 VIA is reducing its service from 3 round trips per week to 2 round trips during off-peak season in The Canadian Corridor (Toronto-Vancouver); and, WHEREAS beginning in November 2012 VIA is reducing its service by half from 6 round trips per week to three round trips in The Ocean Corridor (Montreal-Halifax); and, WHEREAS effective July 2012, VIA significantly reduced its service in the Toronto-London- Sarnia-Windsor Corridor with further cuts expected in October 2012; and, WHEREAS many communities in Canada have been trying to increase VIA service and improve scheduling to meet the economic development needs of their regions; and, WHEREAS the Government of Canada has spent just under $1 billion dollars since 2007 to lay new track, revamp locomotives, improve passenger cars and renovate stations; and, WHEREAS VIA Rail's mandate is to provide safe, efficient, more environmentally sustainable and cost effective passenger transportation; and, WHEREAS a passenger rail network is an integral and vital part of Canada's national transportation infrastructure and is vital to economic prosperity; and, WHEREAS communities, residents and businesses rely on timely, convenient rail links to other cities and other corridor communities; THEREFORE, BE IT RESOLVED That the Federation of Canadian Municipalities (FCM) call on VIA Rail to maintain and improve rail service and frequency across Canada; and, be it further BE IT FURTHER RESOLVED that FCM work with the federal government to ensure that as a principle going forward that federal departments or Crown corporations should consult FCM on major service changes that could affect its members; and, be it further BE IT FURTHER RESOLVED That this resolution be sent to VIA Rail, the Minister of Transport, Infrastructure and Communities, the Minister of State (Transport), the Minister of Industry, Provincial Ministers of Transportation, local area MPs and other VIA communities; and, be it finally BE IT FINALLY RESOLVED That this resolution be referred to the Provincial /Territorial Municipal Associations for information." Carried Unanimously, as Amended. At the request of Councillor Z. Janecki, Mr. D. Chapman, Deputy CAO, Finance and Corporate Services, agreed to follow-up on the concerns raised by a resident who recently moved into a condominium and was required to pay a $35. administration fee to set-up an account in order to pay his Stormwater Management (SWM) bill. Council agreed to the request of Mr. R. Gosse, City Clerk, to add four additional by-laws for three readings this date, related to Clauses 2, 3 and 4 of the Planning and Strategic Initiatives Committee report and a zoning amending by-law for 21 Birch Avenue. Moved by Councillor P. Singh Seconded by Councillor D. Glenn-Graham "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (b) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. COUNCIL MINUTES OCTOBER 1, 2012 - 238 - CITY OF KITCHENER (c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (d) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (e) To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (f) To confirm all actions and proceedings of the Council. (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Mary and Dragan Cikic - 21 Birch Avenue. (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - LVH Developments (DC) Inc., Doon Creek Stage 2, 30T-04204 - Stauffer Road west of Tilt Drive. (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -City of Kitchener. (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -City of Kitchener Revisions /Additions to General Provisions and Definitions Pertaining to Group Homes /Residential Care Facilities and adding Residential Care Facility as a Permitted Use with Regulations in the M-1 and R-1 Zones. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor S. Davey as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor S. Davey Seconded by Councillor K. Galloway "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor P. Singh Seconded by Councillor D. Glenn-Graham That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2012-131) (b) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By-law No. 2012-132) COUNCIL MINUTES OCTOBER 1, 2012 - 239 - CITY OF KITCHENER (c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2012-133) (d) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2012-134) (e) To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2012-135) (f) To confirm all actions and proceedings of the Council. (By-law No. 2012-136) (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Mary and Dragan Cikic - 21 Birch Avenue. (By-law No. 2012-137) (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - LVH Developments (DC) Inc., Doon Creek Stage 2, 30T-04204 - Stauffer Road west of Tilt Drive. (By-law No. 20120138) (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -City of Kitchener. (By-law No. 2012-139) (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -City of Kitchener Revisions /Additions to General Provisions and Definitions Pertaining to Group Homes /Residential Care Facilities and adding Residential Care Facility as a Permitted Use with Regulations in the M-1 and R-1 Zones. (By-law No. 2012-140) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned at 11:48 p. m. MAYOR CLERK COUNCIL MINUTES OCTOBER 1, 2012 - 240 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - That Demolition Control Application DC12/18/F/MV requesting permission to demolish one (1) single detached dwelling located at 54 Fourth Avenue, owned by Mary Potter, be approved with the following condition: The Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the new dwelling unit is not substantially complete within 2-years from the day demolition of the existing residential property is commenced, 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. That Demolition Control Application DC12/17/O/MV requesting permission to demolish two single detached dwellings located at 520 Ottawa Street South and 242 Kehl Street owned by Habitat for Humanity, be approved with the following condition: The Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the new dwelling unit is not substantially complete within 2-years from the day demolition of the existing residential property is commenced, 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. That Demolition Control Application DC12/19/E/MD requesting permission to demolish one (1) single detached dwelling located at 50 Edmund Road, owned by 1803036 Ontario Inc., legally described as Plan 657 Lot 15 Part Lot 16, be approved with the following condition: That the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the new dwelling unit is not substantially complete within 2-years from the day demolition of the existing residential property is commenced, 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. (Dealt with under Delegations and Carried, on a recorded vote) That parking be prohibited at any time on the west side of Sheldon Avenue North from a point fifty (50) metres north of Fairmount Road to a point forty-five (45) metres north thereof; and further, That the Uniform Traffic By-law be amended accordingly. 5. That the Regional Municipality of Waterloo and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6 (Construction Work), during the miscellaneous improvements Contract No. 2012-013 in the City of Kitchener, only between the hours of 7:00 p. m. to 7:00 a. m. for the period from October 1, 2012 to October 12, 2012. COUNCIL MINUTES OCTOBER 1, 2012 - 241 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 6. That the staff recommendation contained in Community Services Department report CSD-12- 125 (Kitchener Growth Management Strategy - 2012 Annual Monitoring Report) be deferred to the October 15, 2012 Community and Infrastructure Services Committee meeting to receive a presentation by staff on highlights of report CSD-12-125. 7. That a donation of $500. be approved to Wildlife Haven Ontario Wildlife Rescue in appreciation of the goodwill services rendered to the swan in Victoria Park Lake; and, That the new protocol criteria as outlined in Infrastructure Services Department report INS-12- 081, dated September 24, 2012 be endorsed; and further, That staff report back on the autopsy results for the deceased swan and if necessary, recommend appropriate action to be taken on those findings. 8. That Chief Administrator's Office report CAO-12-034 (Music Cluster Update), dated September 17, 2012, be accepted as information. PLANNING AND STRATEGIC INITIATIVES COMMITTEE - 1. That Official Plan Amendment Application OP11/02/H/JVW (1011 Homer Watson Boulevard) requesting a change in designation from General Industrial to Mixed Use Node with a Special Policy Provision, to permit an expanded range of commercial uses, including retail and service commercial uses as well as neighbourhood entertainment uses and free standing office on an 11.46 hectare portion of the property, be refused; and further, That Zone Change Application ZC11/08/H/JVW (1011 Homer Watson Boulevard) requesting a change from General Industrial (M-2) with Special Use Provision 22U to Community Shopping Centre Zone (C-3) on an 11.46 hectare portion of the property, be refused. (Dealt with under Delegations and Carried, on a recorded vote) That Zone Change Application ZC12/07/S/JVW (LVH Developments Incorporated, North of Stauffer Drive and west of Tilt Drive) requesting a change in zoning from Residential Three Zone (R-3) with Special Regulation 465 R to Residential Four Zone (R-4), Residential Four Zone (R-4) to Residential Six (R-6), Residential Three with Special Regulation 465 R to Residential Six Zone (R-6), from Residential Three with Special Regulation 465 R to Open Space Zone (P-2) and from Convenience Commercial Zone C-1 with Special Use Provision 363U and Special Regulation Provision 466R to Open Space Zone (P-2) be approved in the form shown in the "Proposed By-law" dated September 24, 2012, attached as Appendix "B" to Community Services Department report CSD-12-126; and, 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-04204, in the City of Kitchener, for LVH Developments Incorporated, subject to the conditions outlined in Report CSD-12-126; and further, That a monitoring report be provided from the subdivider's environmental consultant in the form of a letter on the status of the protected species during development, upon completion of the development, and for a three year period post development. That the recommendation of the Planning and Strategic Initiatives Committee from its meeting held September 24, 2012 regarding Lancaster Street West Mixed Use Corridor, be amended to read as follows: That City-initiated Zone Change ZC/09/09/COK/HH being an amendment to Schedules 125 and 126 of Appendix A, sections 10, 11, 14, 190, 200, 320, 401 and, 421 of Appendix C, sections 1, 619, 620, 621, 622, 623, 624 and, 625 of Appendix D and section 65 of COUNCIL MINUTES OCTOBER 1, 2012 - 242 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE - (CONT'D) (Cont'd) Appendix F of By-law Number 85-1 as they pertain to the Lancaster Street West Mixed Use Corridor for the purpose of changing the zoning from various zone classifications to Mixed- Use Corridor MU-1 and MU-2 zones with and without site-specific special provisions applying to these lands, be approved, in the form shown in the "Proposed By-Law" dated August 16, 2012 attached as Appendix "A" to Community Services Department report CSD- 12-117, with the exception of 526 Lancaster Street West which shall be deferred to January 2013 to allow staff and the developer the opportunity to continue discussions and; with amendment to the following wording of Section 32, Special Regulation 623R; a) By adding "5.6.3 and" after "Section" and before "54.2", and; b) By adding "b) Architectural features shall be permitted to project 1.2 metres into the front yard setback". (Carried, as Amended) That City-initiated Zone Change ZC12/03/CoK/BB (City of Kitchener) to amend Sections 4, 5, 19 and 35 of Zoning By-law 85-1 pertaining to group homes/residential care facilities be approved in the form shown in the "Proposed By-law" dated August 17, 2012, attached as Appendix "B" to Community Services Department report CSD-12-124. AUDIT COMMITTEE - That staff be directed to develop a long range service review work plan based on the service review prioritization as outlined in Finance and Corporate Services Department report FCS-12- 151, for approval at the December 3, 2012 Audit Committee meeting; and further, That 'Funding Source' not be included in the factors to be applied against services for purposes of the service review prioritization framework and the following three remaining factors be weighted as follows: FACTOR PERCENTAGE EXPLANATION /RATIONALE WEIGHT Known Risks 60% The main factor in this framework should be the amount of risk that a service has. This can be calculated using the corporate risk scale and a standard set of questions which will be asked of management in each service area. This ensures that priority is not placed on low or no-risk services and that there is adequate oversight and review of high risk activities. Expense 30% The amount of budget expended on the service should Budget also be a fairly heavily weighted factor. This ensures that those services which have the most significant impact to the "bottom line" receive more priority. Date of Last 10% By looking at the date of the last review it ensures that we Review are not repeating reviews which were done recently. It has less weight though because there may be some services which are high-risk which warrant more frequent reviews. COUNCIL MINUTES OCTOBER 1, 2012 - 243 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS - CAO-12-039 - Advisory Committee Membership Term Council considered Chief Administrative Officer's report CAO-12-039 (J. Willmer), dated September 26, 2012. It was resolved: "That Sub-section 3.1 of Policy I-63 (Appointment to Boards and Committees) be amended by changing the maximum consecutive length of service for an individual to be appointed to the same committee from 6 to 8 years." 2. CAO-12-040 -Leasing of City Hall Retail Space Council considered Chief Administrative Officer's report CAO-12-040 (R. Regier), dated September 25, 2012. It was resolved: "That staff be directed to undertake negotiations with prospective tenants in lieu of conducting an additional Request For Proposals process." 3. FCS-12-162 -Legalize Encroachment - Melvern Court Council considered Finance and Corporate Services Department report FCS-12-162 (L. MacDonald), dated September 27, 2012. It was resolved: "That the Mayor and Clerk be authorized to execute encroachment agreements with the respective owners of 24, 48 and 56 Coventry Drive to legalize their respective fences which encroach upon Block B, Plan 1359 as shown on Reference Plan 58R-17583; provided said encroachment agreements are executed prior to the conveyance of Block B, and said agreements are satisfactory to the City Solicitor." 4. FCS-12-165 -Delegation of Signing Authority -Assessment Review Board Minutes of Settlement Council considered Finance and Corporate Services Department report FCS-12-165 (L. MacDonald), dated October 1, 2012 and circulated this date. It was resolved: "That the Treasurer and / or the Deputy Treasurer be authorized to execute Minutes of Settlement on behalf of The Corporation of the City of Kitchener in Assessment Review Board Matters where the resolution is satisfactory to MPAC and the City; said agreement is to be to the satisfaction of the City Solicitor."