HomeMy WebLinkAboutDev & Tech Svcs - 2005-06-13
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 13, 2005 CITY OF KITCHENER
The Development and Technical Services Committee met this date commencing at 7:15 p.m.
Present: Councillor C. Weylie - Chair
Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, J. Gazzola, M. Galloway, G.
Lorentz
Staff: G. Stewart, General Manager of Development & Technical Services
J. Willmer, Director of Planning
D. Trask, Deputy Fire Chief
J. McBride, Director of Transportation Planning
B. Page, Urban Design & Development Coordinator
R. Shamess, Director of Engineering Services
G. MacDuff, Manager of Development Engineering
J. Witmer, Director of Building
G. Good, Manager of Inspections
F. McCrea, Assistant City Solicitor
D. Gilchrist, Committee Administrator
DTS-05-099 - MINISTRY OF TRANSPORTATION HIGHWAY 8 / K-W EXPRESSWAY
1.
INTERCHANGE
- INSTALLATION OF FIXED AUTOMATED SPRAY TECHNOLOGY (FAST)
ANTI-ICING SYSTEM
- CITY OF KITCHENER NOISE BY-LAW EXEMPTION
- CHICOPEE-GRAND RIVER WARD & FAIRVIEW-GATEWAY WARD
The Committee considered Development and Technical Services Department report DTS-05-099,
dated May 31, 2005, regarding a Noise By-law Exemption for Highway 8 / K-W Expressway
interchange for the installation of Fixed Automated Spray Technology (FAST) anti-icing system.
Councillor Vrbanovic requested that staff ensure the Ministry provides neighbourhood residents
with a phone number for complaints, which is accessible 24 hours.
Councillor Gazzola questioned whether the exemption could be for a lesser period of time, and
was advised by staff that a 4 month period is required as the installation must be phased.
On motion by Councillor G. Lorentz -
it was resolved:
“That the Ministry of Transportation 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 installation of fixed automated spray technology (FAST) anti-icing system in the
City of Kitchener, between the hours of 7:00 p.m. to 7:00 a.m. for the period from July 2005
to October, 2005 (25 nights within this time frame).”
DTS-05-095 - NIGHT-TIME SEWER REHABILITATION, CCTV AND SEWER FLUSHING
2.
WORK IN THE DOWNTOWN
- BRIDGEPORT-CENTRE WARD
The Committee considered Development and Technical Services Department report DTS-05-095,
dated May 24, 2005, regarding night-time sewer rehabilitation, CCTV and sewer flushing work on
Victoria Street North.
On motion by Councillor G. Lorentz -
it was resolved:
“That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be
approved to permit the night-time Trenchless sewer rehabilitation and sewer flushing work
required on Victoria Street North between Edna Street and Expressway Bridge, between
the hours of 7:00pm and 7:00am from June 6, 2005 to July 1, 2005.”
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 13, 2005 - 60- CITY OF KITCHENER
DTS-05-076 - ZONE CHANGE APPLICATION ZC 05/05/N/JB
3.
- 109 NORTH HILL PLACE
- LEANNE & GERALD LEEMAN
- CHICOPEE-GRAND RIVER WARD
The Committee considered Development and Technical Services Department report DTS-05-076,
dated June 9, 2005, regarding Zone Change Application ZC 05/05/N/JB to change the zoning on
the property at 109 North Hill Place.
Mr. Willmer displayed a map of the area showing the existing properties on North Hill Place. He
noted North Hill Place is a City owned right-of-way to Scenic Drive; it then becomes a public lane,
and provides access to three properties. He then provided the Committee with some background
concerning various applications which have been considered by the Committee of Adjustment for
the subject property and for 94 North Hill Place.
Mr. Willmer explained the request before this Committee is for a temporary use, not to exceed 10
years, for an in-law suite to be located above a detached garage. He advised of staff’s concerns
that North Hill Place is not a public street, and construction of this building could compromise
future development in this area. Also, after the 10 year period, there would remain a very large
two storey structure on the property. Mr. Willmer advised staff could support the use of a
temporary structure on this property for a garden suite, for a 10 year period.
Mr. L. MacKinnon, owner of 94 North Hill Place, was in attendance and advised he has many
issues with this proposed zone change; although, he did advise that if the building is to be a
portable building, he would not object. He does object to construction of a permanent three car
garage with a residential unit above it. Mr. MacKinnon also advised that he is not certain where
the public road ends and the laneway begins, but he was required to give the City a substantial
road widening from his property. He requested this matter be stood down so he may have an
opportunity to satisfy himself that his rights are not being compromised. He stated he does not
want an in-law suite on this property, in the proposed location, to compromise his future
development rights. He suggested Mr. & Mrs. Leeman could erect a portable structure at the back
of their property.
Councillor Vrbanovic questioned what development has been taking place on Mr. MacKinnon’s
property, and was advised an attached two car garage has been constructed, and he has been
renovating the house without any change in size. He stated his renovations will be completed in
approximately 2 months, at which time he could give full consideration to the Leeman’s proposal.
At this point he does not want to leave anything to trust, and he is totally opposed to the current
zone change application.
Mr. & Mrs. Leeman addressed the Committee and provided a “Sewer Load Forecast for 109 North
Hill Place” to the Committee and staff.
Mrs. Leeman stated that through this process they have been guided and advised by Planning
staff and have revised their plans to satisfy staff. Up until one week ago, they had been advised
that Planning staff would recommend approval of this application. Mrs. Leeman advised the report
speaks of future development; however, they have no intention of selling their property. She
advised her parents will live in the in-law suite, and they have addressed concerns which were
raised with respect to sewer capacity, with their engineer.
When questioned by Councillor Vrbanovic, Mr. & Mrs. Leeman advised they are prepared to sign
an agreement stating only Mrs. Leeman’s parents can live in the in-law suite, and agreed that the
kitchen will be removed once the suite is vacated by her parents.
When questioned by the Committee, Mr. G. MacDuff confirmed staff have no concerns with the
sewer load.
Mr. Grzella, 11 Chicopee Terrace, was in attendance and advised of his concern that emergency
vehicles will have difficulty entering those types of laneways. He questioned the location for the
in-law suite and what it would look like, as his property backs onto those on North Hill Place. He
advised he could support the location of a temporary building on this site, but would like the timing
in the by-law to be 5 years with an opportunity to renew, rather than 10 years.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 13, 2005 - 61- CITY OF KITCHENER
DTS-05-076 - ZONE CHANGE APPLICATION ZC 05/05/N/JB (CONT’D)
3.
The Chair questioned staff concerning the length of time for the temporary use and was advised
the by-law allows for up to 10 years. There are two other properties in the City with garden suites,
and both are for 10 years.
Mrs. Janowski, 99 North Hill Place was in attendance advising she has no concerns with Mr. &
Mrs. Leeman’s request for a granny flat.
Councillor Vrbanovic put forward a motion to approve the zone change as submitted, with
conditions, asking for the Committee’s support, and stating his belief that this matter has been
looked at by staff with professionalism and integrity.
On motion by Councillor B. Vrbanovic -
it was resolved:
“That Zone Change Application ZC05/05/N/JB for the purpose of changing the zoning from
Residential Three (R-3) to Residential Three (R-3) with temporary use provision 10T on
lands legally described as Part Lot 54, German Company Tract in the City of Kitchener be
approved in the form shown in the Proposed By-law, dated June 1, 2005, attached to
Development and Technical Services Department report DTS-05-076, subject to the
following conditions being satisfied prior to any reading of the by-law by Council:
(a) That the owner enter into an agreement with the City of Kitchener under Section
207.2 of the Municipal Act in respect of the proposed garden suite, which shall
generally provide for the following:
?
The naming of the occupant(s) of the garden suite;
?
The installation, servicing, maintenance and insurance of the garden suite;
?
The removal or conversion of the garden suite after the 10 year period unless
the term is extended under the provisions of the Planning Act;
?
The removal of the garden suite if the owners named in the Agreement no
longer reside on the property;
?
Warning clauses regarding potential disturbance due to noise and light
emanating from the nearby ski facility;
?
Locating the garden suite in accordance with the regulations of the zoning
by-law, as reflected in the plan to be attached to the agreement.
(b) The Owner acknowledges that Condition 1 is required to be satisfied no later than 7
months from the day of Council having approved by resolution Zone Change
Application 05/05/N/JB. In the event this requirement is not fulfilled within the 7
month period, Council shall consider rescinding its Zone Change approval.”
UPDATE - REALIGNMENT OR CLOSURE OF PLAINS ROAD
4.
- RESPONSE TO REQUEST OF MR. R. MILLIGAN
On the advice of the Chair that Mr. Milligan was unable to attend this meeting, the Committee
agreed to defer any further consideration of this matter until June 27, 2005.
On motion by Councillor J. Gazzola -
it was resolved:
“That further consideration and discussion on the request of Mr. R Milligan, with respect to
be deferred and referred to the Development
the realignment or closure of Plains Road
and Technical Services Committee meeting scheduled for June 27, 2005
.”
DTS-05-107 - SITE PLAN REVIEW PROCESS
5.
The Committee considered Development and Technical Services Department report DTS-05-107,
dated June 6, 2005, regarding the public participation policy for the site plan review process.
DTS-05-107 - SITE PLAN REVIEW PROCESS (CONT’D)
5.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 13, 2005 - 62- CITY OF KITCHENER
Mr. B. Page reviewed the proposed changes to the policy, noting that currently a maximum of 2
resident representatives are permitted to attend the Site Plan Review Committee’s meeting to
discuss and provide input to the process. He noted some benefits have been achieved, but this
procedure adds time to the process, and the Planning Act does not allow for this public input.
Further, there is no requirement that the neighbours’ requests be included in the site plan. He
advised that under the proposed procedure, the Ward Councillor, if appropriate, can bring forward
the neighbourhood associations’ concerns at the site plan review meeting.
Mr. B. McColl was in attendance and advised he has five concerns with the staff report. With
respect to the staff comment “Inviting public participation in the Site Plan Review and approval
meetings leads to a false sense that any and all comments and concerns must be incorporated.”
Mr. McColl noted that staff were instructed to prepare a Citizens Guide to Understanding and
Participating in Planning in their Neighbourhood. He also advised of his concerns with restricting
participation to “full site plan applications for new commercial development.” He cited Lulu’s and
the Forest Glen Plaza as examples of redevelopment which did/will have a significant impact on
the surrounding neighbours.
Mr. McColl’s third concern is the exemption of institutionally zoned properties from the policy, as
there are many different types of uses for these properties.
Mr. McColl’s concern with replacing two residents with the Ward Councillor related to the fact that
the Ward Councillor is already very busy, is not always available, and it removes the neighbours
and their elected neighbourhood associations from having a voice in this process.
Finally, Mr. McColl advised he was unaware of changes being made to the Planning Act that will
strengthen the rights of commercial developers. He requested staff provide an explanation of
these changes.
Upon questioning, Mr. McColl acknowledged that some neighbourhood associations are focused
on neighbourhood recreation, and do not want to be involved in the site plan review process. In
those cases, he advised that the neighbours could be directly involved.
Mr. Page responded to questions from Councillor Gazzola, that if a redevelopment project is
substantial or likely to have an impact, the neighbours are informed. With respect to staff holding
a public meeting if a large number of neighbours have concerns, Mr. Page responded there would
have to be a quick response time in order not to delay the process.
Councillor Gazzola stated he would like the amended policy to apply to redevelopment projects as
well. He noted public participation is extremely important. Neighbours should be notified, and
provided a contact number, so the planner responsible for the project can be informed of their
concerns. If there are a large number of concerned citizens, staff can hold a public meeting to
receive input and hear concerns. He directed that staff respond to these concerns after working
with the developer.
On motion by Councillor J. Gazzola -
it was resolved:
“That Council Policy I-1095 be revised by deleting Clause 10 and replacing it with the
following, which shall also apply to redevelopment projects:
“10. Public Participation in the City’s Site Plan approval process:
(a) That all full site plan applications for new commercial development within
Planned Commercial Campus, Mixed Use Node, and other appropriate
commercial areas, be circulated to all immediately adjacent low rise
residential land owners and, where applicable, Neighbourhood Associations,
for information and comment.
(b) That all comments from adjacent residents and/or Neighbourhood
Associations be provided to the Supervisor of Site Plan Development and
DTS-05-107 - SITE PLAN REVIEW PROCESS (CONT’D)
5.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 13, 2005 - 63- CITY OF KITCHENER
the applicable Ward Councillor prior to the scheduled Site Plan Review
Committee meeting.
(c) That where necessary and appropriate, the Ward Councillor attend the Site
Plan Review Committee meeting, to represent the comments of the adjacent
residents and/or Neighbourhood Associations.
(d) That notice of Site Plan Applications be given, for information purposes only,
to all property owners within 60 metres of an institutionally zoned property
provided, however, that this policy shall not apply to portables or portapacks
to be used as classrooms on school sites.”
DTS-05-089 - PLAN OF SUBDIVISION 30T-98204
6.
- ZONE CHANGE APPLICATION ZC 98/12/W/GR
- WESTFOREST TRAIL
- LOTCO LTD.
- WEST-VICTORIA PARK WARD
The Committee considered Development and Technical Services Department report DTS-05-089,
dated May 9, 2005, regarding Zone Change Application ZC 98/12/W/GR to change the zoning on
the subject lands on Westforest Trail.
Mr. J. Willmer reviewed the report and staff recommendation, and advised that the applicant has
asked that no action be taken on this matter by the Committee at this time, as he may have a
purchaser for this property who will develop it with a commercial use. The applicant may be
withdrawing this zone change application.
On motion by Councillor G. Lorentz -
it was resolved:
“That no action be taken on Zone Change Application ZC 98/12/W/GR at this time, pending
receipt of a decision from the applicant as to whether they wish to withdraw this
application.”
DTS-05-100 - MUNICIPAL CLASS ENVIRONMENTAL ASSESSMENT
7.
- TRAFFIC CALMING - ONWARD AVENUE RECONSTRUCTION
- BRIDGEPORT-CENTRE WARD
The Committee considered Development and Technical Services Department report DTS-05-100,
dated June 1, 2005, regarding traffic calming for the Onward Avenue reconstruction.
Councillor Smola advised that the Fire Department has concerns with the recommendation in this
report. He recommended this matter be referred to next Monday’s Council meeting to allow staff
an opportunity to discuss these concerns.
On motion by Councillor J. Smola -
it was resolved:
be deferred and referred to the
“That consideration of the following recommendation
Council meeting of June 20, 2005:
That Development and Technical Services Department report DTS-05-100 and the
Information Package attached thereto titled: “City of Kitchener, Traffic Calming—Onward
Avenue Reconstruction… Information Package” be received as information; and,
That the Preferred Design Concept, identified by the Project Team as Preferred Design
Concept 2A: Speed Humps, as presented at the Public Information Centre held May 19,
2005, be selected as the Recommended Design Concept; and,
DTS-05-100 - MUNICIPAL CLASS ENVIRONMENTAL ASSESSMENT (CONT’D)
7.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 13, 2005 - 64- CITY OF KITCHENER
That the documentation of the planning process be placed on file and a Notice of
Completion be issued to review agencies and the public, permitting a 30 calendar day
period for review and comment in accordance with the Municipal Class Environmental
Assessment Schedule “B” and as outlined with the Municipal Engineers’ Association
document entitled Municipal Class Environmental Assessment, June 2000; and further,
That the Project Team proceed with the implementation of the Recommended Design
Concept 2A: Speed Humps, as part of Onward Avenue Reconstruction if no person or party
with outstanding concerns submits a Part II Order to the Minister of the Environment within
the 30 calendar day review period.”
DTS-05-053 - COMMERCIAL PARKING LOTS & INTERIM COMMERCIAL PARKING
8.
LOTS
The Committee considered Development and Technical Services Department report DTS-05-053,
dated June 6, 2005, regarding commercial parking lots and interim commercial parking lots.
Mr. Page advised this report is submitted at the direction of the Corporate Management Team,
who requested that consideration be given to a revised standard for temporary/short term
commercial parking lots, to provide a balance between the need to support Downtown Economic
Development, and the need to ensure that parking facilities are constructed to reasonable
aesthetic, engineering and safety standards that are appropriate to their location. Mr. Page then
reviewed the proposed policy.
The origin of the policy was questioned and Mr. Page advised this policy was established to
identify a reasonable stand for interim parking lots. This is an interim use until the best use of the
land has been determined.
On motion by Councillor J. Gazzola -
it was resolved:
“That Council Policy I-995, Commercial Parking Lots – Criteria, be rescinded and replaced
with the revised policy attached to Development and Technical Services Department report
DTS-05-053.“
DTS-05-085 - ZONE CHANGE APPLICATION ZC 04/29/W/BS
9.
- PLAN OF SUBDIVISION MODIFICATION 30T-00201
- 173 WOOLNER DRIVE - GRAND RIVER SOUTH
- TLV DEVELOPMENTS INC.
- CHICOPEE-GRAND RIVER WARD
The Committee considered Development and Technical Services Department report DTS-05-085,
dated May 20, 2005, regarding Zone Change Application ZC 04/29/W/BS to change the zoning on
the subject lands on Woolner Drive.
Mr. J. Willmer provided a brief explanation of the zone change and subdivision for the Committee’s
benefit, advising staff are in support of these applications.
On motion by Councillor B. Vrbanovic -
it was resolved:
“That the recommendation contained in Development and Technical Services Department
report DTS-05-085, dated May 20, 2005, regarding Plan of Subdivision 30T-00201 and
Zone Change Application ZC 04/29/W/BS, be approved.”
The Chair recognized Ms. K. Barisdale, GSP Group, representing the applicant in these
applications, who advised they are generally in support of the staff report. She advised that with
respect to Condition 18 on Page 9 of the report, the applicant requests the words “if required” be
added to the condition. She stated that if the woodlot remains in private ownership, the access
would not be required. The Chair advised that Ms. Barisdale’s requested change will be
DTS-05-085 - ZONE CHANGE APPLICATION ZC 04/29/W/BS (CONT’D)
9.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 13, 2005 - 65- CITY OF KITCHENER
th
considered at the June 20 Council meeting.
DTS-05-101 - ADAPTIVE RE-USE COMMUNITY IMPROVEMENT PLAN
10.
The Committee considered Development and Technical Services Department report DTS-05-101,
dated May 20, 2005, regarding the Adaptive Re-use Community Improvement Plan.
Mr. C. Bluhm reviewed the contents of the report, which was before the Committee this date for
information only. He advised that in order to allow Committee members an adequate amount of
time to review the details of the report, the Committee will be asked to designate a “Community
Improvement Project Area”, and the “Adaptive Re-use Community Improvement Plan”, at its
meeting of June 27, 2005.
Respecting the contents of the report, Mr. Bluhm advised that converting old buildings is generally
more costly than constructing new buildings, and Kitchener’s marketplace may not be strong
enough to make these types of projects feasible. There is community interest in developing a
financial incentive program for adaptive re-use, which will stimulate urban intensification and
preserve our historic built form. However, in return for this assistance, projects must be of high
quality, and should provide additional community benefits. Mr. Bluhm then provided details of the
tax incremental financing being recommended in the report.
When questioned, Mr. Willmer responded staff are working with the Region to get them involved in
this process. Mayor Zehr advised that communications have been sent to the Province in this
regard, and there is some interest on their part.
On motion by Councillor J. Smola -
it was resolved:
“That Development and Technical Services Department report DTS-05-101 (Adaptive Re-
use Community Improvement Plan) be tabled for information.”
DTS-05-098 - BILL 124 - AN ACT TO IMPROVE PUBLIC SAFETY AND TO INCREASE
11.
EFFICIENCY IN BUILDING CODE ENFORCEMENT
The Committee considered Development and Technical Services Department report DTS-05-098,
dated May 30, 2005, regarding Bill 124 - an act to improve public safety and to increase efficiency
in building code enforcement.
Mr. G. Good reviewed the staff report highlighting the changes brought about through the Building
Code Statute Law Amendment Act, 2002, and associated regulations. He also emphasized that
the 24 building officials within the Building Division are required to successfully complete a total of
139 examinations as a result of the legislation, and to date, 131 examinations have been
successfully completed by staff.
On motion by Councillor B. Vrbanovic -
it was resolved:
“That the Draft By-law attached to Development and Technical Services Department report
DTS-05-098 to repeal and replace Chapter 710 (Building – Permits and Fees) of the City of
Kitchener Municipal Code in order to comply with the Building Code Statute Law
Amendment Act, 2002 and Ontario Regulations 305/03 and 146/05, be adopted; and
further,
That the Financial Services Department establish a Building Permit Stabilization Reserve
Fund.”
DTS-05-105 - WILSON AVENUE BRIDGE STRUCTURAL MODIFICATIONS
12.
- RETAINING CONSULTANT FOR ENGINEERING SERVICES DURING
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 13, 2005 - 66- CITY OF KITCHENER
CONSTRUCTION
The Committee considered Development and Technical Services Department report DTS-05-105,
dated May 31, 2005, regarding retaining a consultant for engineering services during construction
on the Wilson Avenue bridge.
On motion by Councillor G. Lorentz -
it was resolved:
“That the engineering services provided by MuirTec Inc. be extended to provide
construction administration services for rehabilitation work on the Wilson Avenue Bridge
with the fees for these services to amount to 4.5% of total construction value.”
DTS-05-106 - DUKE & ONTARIO PARKING GARAGE 2005 REPAIR TENDER
13.
The Committee considered Development and Technical Services Department report DTS-05-106,
dated June 6, 2005, regarding the Duke and Ontario Parking Garage 2005 repair tender.
Mr. McBride noted that at the Council meeting of May 30, 2005, Council questioned whether the
$6.9M cost to repair the Duke and Ontario Garage would be better spent on parking in the Centre
Block. He brought forward 3 issues to be considered in that regard.
The Duke and Ontario Garage is strategically located within the Downtown, in relation to the
Kitchener Market, Market Square and City Hall Parking Garages. Timing of these repairs is
important given the existing demand and future know demand of the garage over the next few
years. Finally, the cost of providing the equivalent spaces elsewhere would cost the City $9M
more than the repairs being recommended. He advised that with the recommended repairs, the
garage would last another 60 years.
Councillor Galloway questioned the tendering process, and was advised that the repairs will take
approximately 23 weeks, and can not be done in the cold weather. Given that Council’s summer
recess is approaching, staff are requesting that the CAO be permitted to approve the tender.
On motion by Mayor C. Zehr -
it was resolved:
“That staff proceed immediately to tender the 2005 repair program for the Duke and Ontario
Garage; and further,
That the Chief Administrative Officer be delegated the authority to approve the Duke and
Ontario Garage 2005 Repair Tender.”
FENCE VIOLATION - 1824 OLD MILL ROAD
14.
Councillor C. Weylie noted that Mrs. Oleskevich had been in attendance this evening, in
connection with her fence at 1824 Old Mill Road, but had to leave. Given that Mr. S. Turner was
not in attendance this evening, she requested that Mr. Stewart inform Mr. Turner that she and
Councillor Gazzola wish to have a report on the status of this fence.
Councillor J. Gazzola suggested that the on-site meeting take place with the two parties and staff.
ADJOURNMENT
15.
On motion, the meeting adjourned at 9:10 p.m.
D. Gilchrist
Committee Administrator