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HomeMy WebLinkAboutDev & Tech Svcs - 2005-08-22 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 22 2005 CITY OF KITCHENER The Development and Technical Services Committee met this date, commencing at 4:35 p.m. Present: Councillor C. Weylie - Chair Councillors J. Smola, G. Lorentz, J. Gazzola and M. Galloway Staff: G. Sosnoski, Acting Chief Administrative Officer P. Houston, General Manager, Financial Services & City Treasurer G. Stewart, General Manager, Development & Technical Services R. Browning, Fire Chief R. Regier, Director of Economic Development J. Willmer, Director of Planning J. Sheryer, Assistant City Solicitor J. McBride, Director of Transportation Planning K. Mayer, Coordinator of Traffic Planning L. Lynch, Manager of Engineering Infrastructure G. MacDuff, Manager of Development Engineering B. Sloan, Senior Planner 1. Boutilier, Senior Planner L. MacDonald, Director of Legal Services & City Solicitor D. Gilchrist, Committee Administrator J. Billett, Committee Administrator 1. DTS-05-128 - WOOLWICH STREET - ON-STREET PARKING - BRIDGEPORT-CENTRE WARD The Committee was in receipt of Development and Technical Services Department report DTS- 05-128, dated July 12, 2005, recommending parking prohibitions on Woolwich Street and continuation of monitoring for speeding and vehicular volume. On motion by Councillor J. Smola - it was resolved: "That on-street parking be prohibited at anytime on the east side of Woolwich Street from Hillcrest Lane to Bridle Trail; and, That Transportation Planning continue to monitor Woolwich Street with regard to speeding and vehicular volume; and further, That the Uniform Traffic By-law be amended accordingly." 2. DTS-05-139 - DOON MILLS DRIVE - TRAFFIC CONTROLS - SOUTH WARD The Committee was in receipt of Development and Technical Services Department report DTS- 05-139, dated August 4, 2005, recommending an all-way stop be installed at the intersection of Doon Mills Drive and Apple Ridge Drive. The Committee was in receipt this date of an email transmission dated August 21, 2005 from David & Marie Jones, residents of Doon Village Road, objecting to the installation of the all-way stop sign as they are concerned it will cause traffic to divert to Tilt Drive or Doon Village Road as a short cut to Homer Watson Boulevard. The Committee also received this date a letter dated August 22, 2005 from Mr. Richard Haalboom objecting to the installation of the all-way stop sign, in which he raises similar concerns to that of Mr. & Mrs. Jones with respect to vehicular traffic using Doon Village Road as a short cut and the negative impact that increased traffic has already had on Upper Doon, a protected heritage neighbourhood. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 22. 2005 - 82- CITY OF KITCHENER 2. DTS-05-139 - DOON MILLS DRIVE (CONT'D) Councillor M. Galloway advised that discussions with area residents and the Community Association have been ongoing for some time with respect to this matter and the recommendation proposed provides a solution which he fully supports. On motion by Councillor M. Galloway - it was resolved: "That an all-way stop be installed at the intersection of Doon Mills Drive and Apple Ridge Drive; and further, That the Uniform Traffic By-law be amended accordingly." 3. DTS-05-140 - ROAD CONSTRUCTION - VICTORIA STREET NORTH FROM WATERLOO STREET TO WATER STREET - CITY OF KITCHENER NOISE BY-LAW EXEMPTION - BRIDGEPORT-CENTRE WARD The Committee was in receipt of Development and Technical Services Department report DTS- 05-140, dated August 3, 2005, concerning a request for a noise exemption with respect to road reconstruction on Victoria Street North. On motion by Councillor J. Smola - it was resolved: "That the City of Kitchener and Regional Municipality of Waterloo, and their contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code (Article 6 - Construction Work), during the road reconstruction on Victoria Street North from Waterloo Street to Margaret Avenue, in the City of Kitchener, between the hours of 7:00 p.m. to 7:00 a.m. for the period from August 8,2005 to July 31,2006." 4. DTS-05-141 - ROAD CONSTRUCTION - JOSEPH STREET/FRANCIS STREET - CITY OF KITCHENER NOISE BY-LAW EXEMPTION - WEST-VICTORIA PARK WARD The Committee was in receipt of Development and Technical Services Department report DTS- 05-141, dated August 9, 2005, concerning a request for a noise exemption for road reconstruction on Joseph Street and Francis Street. At the request of Councillor C. Weylie, Mr. J. McBride agreed to keep area residents well informed of the work as it progresses. On motion by Councillor G. Lorentz - it was resolved: "That the City of Kitchener 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 road reconstruction on Joseph Street from Victoria Street South to Water Street, and Francis Street from Joseph Street to Charles Street, in the City of Kitchener, between the hours of 7:00 p.m. to 7:00 a.m. for the period from August 16 to November 30,2005." 5. DTS-05-148 - PURCHASE OF HAZARD LANDS - GRAND RIVER SOUTH COMMUNITY - L YNDALE SOUTH DEVELOPMENTS LIMITED The Committee was in receipt of Development and Technical Services Department report DTS- 05-148, dated August 18, 2005, concerning acquisition of hazard lands associated with the Grand River and Idlewood Creek (Grand River South Community). DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 22. 2005 - 83- CITY OF KITCHENER 5. DTS-05-148 - PURCHASE OF HAZARD LANDS (CONT'D) On motion by Councillor G. Lorentz - it was resolved: "That the City enter into an Agreement of Purchase and Sale with Lyndale South Developments Limited for the lands described as Part of Lots 117, 118 and 124, G.C.T., City of Kitchener, Regional Municipality of Waterloo, designated as Parts 7, 8, 9 and 13 on Reference Plan 58R-14930 at a purchase price of $70,500.; and, That the sum of $36,500. be expended from the Parkland Trust Fund toward the purchase of the above-noted lands; and further, That the Mayor and Clerk be authorized to execute such documents as may be required to complete the transaction, all to the satisfaction of the City Solicitor." 6. DTS-05-136 - CRISYS UPGRADE AND AMENDMENT TO THE CAD AGREEMENT The Committee was in receipt of Development and Technical Services Department report DTS- 05-136, dated July 30, 2005, concerning an amendment to an agreement with CriSys Limited relative to requirements for delivery of the Computer Aided Dispatching System. On motion by Councillor G. Lorentz - it was resolved: "That the Mayor and Clerk, be authorized to sign an amendment to the agreement dated July 4, 2002, between the City and CriSys Limited regarding the requirements for delivery of the Computer Aided Dispatching System, subject to the satisfaction of the City Solicitor." 7. DTS-05-137 - AGREEMENT FOR EMERGENCY FIRE COMMUNICATIONS SERVICES BETWEEN THE CITY OF KITCHENER AND THE TOWNSHIP OF WOOLWICH The Committee was in receipt of Development and Technical Services Department report DTS- 05-137, dated July 25, 2005, concerning an agreement between the City of Kitchener and the Township of Woolwich for provision of Emergency Fire Communications (Dispatch) Services. Councillor J. Gazzola inquired as to the possibility of including the City of Cambridge in a similar agreement. Mr. R. Browning advised that Cambridge operates their own dispatch services and also provides service to the Township of North Dumfries. He pointed out that the Cities of Kitchener and Cambridge have been in ongoing discussions with regard to other service issues and he would undertake to raise this matter in future discussions. On motion by Councillor G. Lorentz - it was resolved: "That the Mayor and Clerk be authorized to execute an agreement between the City of Kitchener and the Township of Woolwich for the provision of Emergency Fire Communications (Dispatch) Services, subject to the satisfaction of the City Solicitor." 8. DTS-05-143 - LANCASTER STREET EAST RECONSTRUCTION (FREDERICK ST TO VICTORIA ST) - EXPANDED SCOPE OF ENGINEERING SERVICES TO INCLUDE DESIGN OF LUELLA STREET AND CONTRACT ADMINISTRATION FOR LUELLA ST & MANSION ST The Committee was in receipt of Development and Technical Services Department report DTS- 05-143, dated August 9, 2005, requesting that the scope of engineering services provided by Earth Tech Canada Inc., for reconstruction of Lancaster Street East be expanded with regard to the design and contract administration of Luella Street and post-construction activities for Luella Street and Mansion Street. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 22. 2005 - 84- CITY OF KITCHENER 8. DTS-05-143 - LANCASTER STREET EAST RECONSTRUCTION (FREDERICK ST TO VICTORIA sn (CONT'D) On motion by Councillor J. Smola - it was resolved: "That the scope of engineering services provided by Earth Tech Canada Inc. for the reconstruction of Lancaster Street East (from Victoria Street to Frederick Street) be expanded to include the design of Luella Street and contract administration, resident inspection and post construction activities for Luella Street and Mansion Street (from Lancaster Street to Ellen Street); with construction of these two streets to occur in summer 2006; and further, That the additional funding required to expand the scope of engineering services ($97,724. not including GST), be taken from the Capital Infrastructure Surplus General Provisions Account." 9. DTS-05-001 - PARKING IN SMALL LOT SUBDIVISIONS The Committee was in receipt of Development and Technical Services Department report DTS- 05-001, dated August 15, 2005, concerning issues raised by Councillor M. Galloway with respect to parking in new subdivisions and within the Laurentian Forest Community (small lot subdivision). The report recommends that current on-street parking by-law regulations be retained and the following items be included for review in the action plan of the Neighbourhood Design Initiatives process: minimum on-street parking requirements for new subdivision approvals; construction of neighbourhood communal parking lots within new subdivisions; minimum lot sizes on cul-de-sac bulbs and curved road sections where the radius results in merged driveways; and conversion of cul-de-sac grassed islands to parking spaces. Mr. J. McBride advised that zoning regulations for lot widths have been changed from a minimum of 7.5 m to 9 m which has addressed a number of concerns with respect to on-street parking in new subdivisions. Staff investigated opportunities to increase parking in both existing and future subdivisions, including driveway clearance, sidewalk, boulevard and time limit parking; however, it was concluded that no changes should be made to existing on-street parking regulations in the interest of public safety and traffic operations. With respect to new subdivisions, developers are now required to submit a driveway location/on-street parking plan for review either prior to, or as a condition of draft plan of subdivision approval to ensure adequate parking supply at the outset. Additional options to improve parking within new subdivisions, as outlined in the staff recommendation, are being investigated as part of the Neighbourhood Design Initiatives process and Mr. McBride advised that a subsequent report will be forthcoming later this year. In response to Councillor M. Galloway, Mr. J. Willmer advised that he anticipates a report outlining results of the Neighbourhood Design Initiatives and staff recommendations will be presented for consideration at the December 5, 2005 Development and Technical Services Committee meeting. In reference to the Laurentian Forest community, Councillor G. Lorentz commented on the parking problems created by poor planning of the subdivision and the need to improve planning practices. Mr. J. Willmer advised that practices applied to the Laurentian subdivision have been recognized as poor planning and steps have been taken to discontinue similar planning approvals. He added that staff are continuing to investigate changes to regulations to improve planning practices and no new subdivisions are being approved without sufficient on-street parking. Councillor Lorentz questioned the adequacy of road widths in new subdivisions as it relates to parking on both sides of the street and the problems created for passing motorists and/or emergency vehicles. Staff advised that no changes were made in the standards for road widths with respect to new subdivision development and have remained consistent for a number of years. At the request of Councillor M. Galloway, staff agreed to review standard road widths as part of the Neighbourhood Design Initiatives. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 22. 2005 - 85- CITY OF KITCHENER 9. DTS-05-001 - PARKING IN SMALL LOT SUBDIVISIONS (CONT'D) On motion by Councillor M. Galloway - it was resolved: "That the current On-street Parking By-law regulations governing driveway clearance, sidewalk, boulevard, and time limit parking be retained in the interest of public safety and traffic operations; and further, That the following items be specifically included for review in the action plan of the Neighbourhood Design Initiatives process: incorporation of minimum on-street parking requirements for new subdivision approvals; construction of neighbourhood communal parking lots within new subdivisions; iii) establishment of minimum lot sizes on cul-de-sac bulbs and curved road sections where the radius results in merged driveways; and, iv) conversion of cul-de-sac grassed islands to parking spaces." 10. DTS-05-150 - EMERGENCY REPAIRS TO WARD'S POND DAM AND EMBANKMENT The Committee was in receipt this date of Development and Technical Services Department report DTS-05-150, dated August 17, 2005, concerning the need to undertake emergency repairs to the Ward's Pond Dam and Embankment structure. Mr. G. Stewart advised that as a result of recent storm events the condition of the Ward's Pond Dam and Embankment has become critical and requires emergency repair to ensure public safety. Accordingly, staff are recommending that the scope of engineering services provided by CH2M Hill with regard to the Ward's and Brigadoon Pond Environmental Assessment be expanded in order to carry out detailed design and supervise the emergency repairs required. On motion by Councillor G. Lorentz - it was resolved: "That the scope of Purchase Order #0401197 with CH2MHill, be expanded for the Wards and Brigadoon Pond Environmental Assessment (EA) to an additional up-set limit of $26,300. incl. GST, to carry out the detailed design and supervise the emergency repairs to the Wards Pond Dam and Embankment, as per the direction of the Ministry of Natural Resources; and further, That construction of the required works be completed by City CS-Operations Forces." This meeting recessed at 4:45 p.m. and reconvened at 7:05 p.m., with the following members present: Councillors C. Weylie, J. Smola, G. Lorentz, J. Gazzola and M. Galloway. 11. DTS-05-130 - ZONE CHANGE APPLICATION ZC 03/28/H/BS - 1500 HIGHLAND ROAD WEST - T.G. HAMMOND LIMITED - WEST-VICTORIA PARK WARD The Committee considered Development and Technical Services Department report DTS-05- 130, dated July 29, 2005, regarding Zone Change Application ZC 03/28/H/BS to change the zoning on the subject lands at 1500 Highland Road West. Ms. N. Horne, MHBC Planning, was in attendance on behalf of the applicant, in support of the staff recommendation. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 22. 2005 - 86- CITY OF KITCHENER 11. DTS-05-130 - ZONE CHANGE APPLICATION ZC 03/28/H/BS (CONT'D) On motion by Councillor J. Gazzola - it was resolved: "That Zone Change Application ZC 03/28/H/BS, for 1.G. Hammond Limited, to change the zoning on the subject lands from General Industrial (M-2) to Arterial Commercial (C-6) with Special Regulation Provision 409R on lands legally described as Part of Lots 38, G.C.T. in the City of Kitchener, be aooroved in the form shown in the "Proposed By-law" dated July 29, 2005, attached to Development and Technical Services Department report DTS-05-130, without conditions." 12. DTS-05-132 - ZONE CHANGE APPLICATION ZC 05/09/K/TB - 410 KING STREET WEST - 410 KING PROPERTIES LIMITED - BRIDGEPORT-CENTRE WARD The Committee considered Development and Technical Services Department report DTS-05- 132, dated July 21, 2005, regarding Zone Change Application ZC 05/09/K/TB to change the zoning on the subject lands at 410 King Street West. Mr. W. Green, Green Scheels Pidgeon, was in attendance on behalf of the applicant, in support of the staff recommendation. He thanked staff for their efforts in the many applications they have processed for this property. On motion by Councillor J. Smola - it was resolved: "That Zone Change Application ZC 05/09/K/TB, proposing a change in zoning from "Warehouse District Zone (D-6)138U 9H" to "Warehouse District Zone (0-6), 343U" t& aooroved, in the form shown in the "Proposed Bylaw", dated July 25, 2005, attached to Development and Technical Services Department report DTS-05-132, without conditions." 13. DTS-05-135 - ZONE CHANGE APPLICATION ZC 04/26/D/KS - 318 DUKE STREET WEST - BRIAN BEE & ANTIONETTE RODIGHIERO - BRIDGEPORT-CENTRE WARD The Committee considered Development and Technical Services Department report DTS-05- 135, dated August 10, 2005, regarding Zone Change Application ZC 04/26/D/KS to change the zoning on the subject lands at 318 Duke Street West. Mr. J. Willmer introduced the report, noting that the heritage issues on this property have been resolved. The owners agreed to a heritage designation for this property, as did City Council. The Notice of Intention to designate was published in The Record, and the objection period expired with no objections received. He advised it is now appropriate to consider the zone change application. On motion by Councillor J. Smola - it was resolved: "That Zone Change Application ZC 04/26/D/KS for the purpose of changing the zoning from General Industrial Zone (M-2) to General Industrial Zone (M-1) on lands legally described as Registered Plan 376 Part Lots 149 and 150 in the City of Kitchener t& aooroved in the form shown in the "Proposed By-law", dated August 10, 2005, attached to Development and Technical Services Department report DTS-05-135, without conditions." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 22. 2005 - 87- CITY OF KITCHENER 14. DTS-05-142 - RESURRECTION PARK (SPRINGFIELD) SWM FACILITY RETROFIT - SCHEDULE B CLASS ENVIRONMENTAL ASSESSMENT The Committee considered Development and Technical Services Department report DTS-05- 142, dated August 9, 2005, regarding Resurrection Park (Springfield) SWM Facility Retrofit and Class Environmental Assessment. On motion by Councillor G. Lorentz - it was resolved: "That Council approve the preferred design modifications to the existing storm water management facility located at Resurrection Park, within Registered Plan 1716, as set out in the Executive Summary, and that the Schedule 'B' Class Environmental Assessment Report for this project be filed with the City Clerk for the mandatory 30 day public review period." 15. DTS-05-089 - PLAN OF SUBDIVISION 30T-98204 - ZONE CHANGE APPLICATION ZC 98/12/W/GR - WESTFOREST TRAIL - LOTCO L TD - 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 located on Westforest Trail. Mr. Willmer advised the Committee this property has remained vacant for sometime, and the owners advise there is very little commercial interest in this property; consequently, they wish to rezone the property for residential use. Staff's concern is that this property is the only remaining commercially zoned property in this area. In an effort to develop walkable communities, staff would like the commercial zoning to be retained. Mr. Wlllmer displayed a map of this area showing other commercially zoned and developed properties in this area. With respect to comments received from neighbourhood residents, Mr. Willmer advised he has recently received 4 e-mails from neighbours. Three of these e-mails are in support of the rezoning and one was not. It was clarified by Mr. Will mer that the driveway to this property is on the Westforest Trail frontage, and this property does not have driveway access to Victoria Street. Mr. I. Rawlings, Cumming Cockburn, was before the Committee on behalf of the property owner, in opposition to the staff recommendation. He advised there are a number of issues to consider: this land has been on the market for approximately 10 years, and it is the only remaining vacant land in the subdivision. The only potential purchaser for this property found there to be a number of design flaws with this site, including the fact that there is no direct access to Victoria Street. He referred to other convenience commercial properties in this area, noting the closest one to this property is approximately 750 m away, which is not a daunting task for walking. He advised he takes exception to staff's recommendation, as this will not be a lost opportunity. Further, with respect to the referral in the staff report to recent provincial policy statements, he noted this application was made prior to these statements being issued. Mr. Rawlings asked the Committee not to adopt the staff recommendation, but to approve the application and to recommend to Council that they adopt the draft by-law attached to the staff report. Mr. Rawlings also explained the difficulties being experienced with respect to site design. He referred to the comments of Transportation Planning staff in the report, noting his disagreement with those comments. He advised that municipal services do not extend across this site, and the sewers are shallow. Further, his proposed design is the only one which will accommodate 9 lots, due to the servicing problems. Also, his proposed design will not cost the municipality more money. Further, the alternative concepts put forward will create visibility problems as driveways DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 22. 2005 - 88- CITY OF KITCHENER 15. DTS-05-089 - PLAN OF SUBDIVISION 30T-98204 (CONT'D) will be closer to the intersection. Mr. Rawlings requested that this Committee direct staff to work with him on his recommended design. Upon questioning, Mr. Rawlings advised the design flaws for this site, as a commercial property, include the fact that this property has no access to Victoria Street, and the site is too small to have the number of uses necessary to attract enough business to this site, when compared to a near by commercial site with a gas bar. Mr. Rawlings advised these 2 sites are comparable in area; however, the gas bar site has substantial frontage on a main road. With respect to ownership of this vacant land over the last 10 years, Mr. Rawlings advised Monarch Construction owned this property from 1995 until 2 years ago when his clients purchased the property, and Monarch had submitted a zone change application for this property in 1998. Mr. B. Startek addressed the Committee advising he lives across Westforest Trail from the subject property. He stated he has 4 small children and they have no difficulty walking to the closest convenience store. He advised when he purchased his home, Monarch Construction advised they had applied for a zone change on the subject property and gave assurance to prospective purchasers of residential properties that this subject property would be developed with townhouses. Further, prior to purchasing his home, Mr. Startek spoke with City Planning staff concerning the zone change application submitted by Monarch, and was advised staff had no concerns with the zone change, but only had concerns with the style of the proposed townhouses. Mr. Startek asked the Committee to approve this zone change application. Upon questioning, Mr. Willmer advised this property's visibility from Victoria Street is an asset, and the inability to access this property from Victoria Street is not detrimental. The opening of Ira Needles Boulevard will increase the amount of traffic passing by this property. Finally, staff are interested in developing walkable communities. Councillor Lorentz stated this site has several draw backs, including the fact that it has no access to Victoria Street. He was of the opinion that residential use is the best use for this site. On motion by Councillor G. Lorentz - it was resolved: "That Zone Change Application ZC 98/12/W/GR for the purpose of changing the zoning from Convenience Commercial Zone (C-1) to Residential Six Zone (R-6) on lands legally described as Registered Plan 1689 Block 155 Plan 58R-12060 Part 1 in the City of Kitchener be aooroved in the form shown in the "Proposed By-law", dated May 18, 2005, attached to Development and Technical Services Department report DTS-05-089, without conditions; and further, That staff continue to work with the developer on his chosen site design." 16. DTS-05-138 - PROPOSED CONSTRUCTION OF A CONCRETE SIDEWALK ON ADA STREET BETWEEN DONALD STREET AND BURBANK ROAD The Committee considered Development and Technical Services Department report DTS-05- 138, dated August 5, 2005, regarding proposed construction of a concrete sidewalk on Ada Street between Donald Street and Burbank Road. The Committee had been provided with copies of a petition from neighbourhood residents requesting installation of a sidewalk on one side of Ada between Burbank Road and Donald Street. The Committee had also been provided with copies of a letter from Ms. D. Andneotte, in opposition to this sidewalk. Ms. Andneotte had registered as a delegation for this meeting, but was not in attendance. Councillor Smola put forward the recommendation in the staff report, with an amendment that a portion of the sidewalk be included on the winter maintenance list. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 22. 2005 - 89- CITY OF KITCHENER 16. DTS-05-138 - PROPOSED CONSTRUCTION OF A CONCRETE SIDEWALK ON ADA STREET BETWEEN DONALD STREET AND BURBANK ROAD (CONT'D) On motion by Councillor J. Smola - it was resolved: "That a 1.5 metre wide concrete sidewalk be constructed on the west side of Ada Street, between Donald Street and Burbank Road, to facilitate a safe pedestrian link between the existing community trail ending at Burbank Road and the existing sidewalk beginning at Donald Street; and further, That the Community Services Maintenance Operations staff be directed to include this section of sidewalk on their list for winter snow plowing and/or removal." 17. DTS-05-133 - MUNICIPAL PLAN AMENDMENT APPLICATION MP 04/05/W/TC - ZONE CHANGE APPLICATION ZC 04/23/W/TC - DRAFT PLAN OF SUBDIVISION 30T-05202 - COMMON ELEMENT CONDOMINIUM APPLICATION CDM-05205 - SITE PLAN APPLICATION SP 05/32/W/BS - 52 & 90 WOODSIDE AVENUE - STIRLING BRIDGE LTD. & CITY OF KITCHENER - WEST-VICTORIA PARK WARD The Committee considered Development and Technical Services Department report DTS-05- 133, dated July 29, 2005, regarding Municipal Plan Amendment Application MP 04/05/W/TC and Zone Change Application ZC 04/23/W/TC to change the zoning on the subject lands at 52 & 90 Woodside Avenue. Councillor C. Weylie, Chair, read the following statement: This is a Public Meeting under 'The Planning Act, 1996' to consider Municipal Plan Amendment Application MP 04/05/W /TC Section 17 (45) of the Planning Act allows the Ontario Municipal Board to dismiss all or part of an appeal without holding a hearing if the appellant did not make oral submissions at a public meeting or did not make written submissions to the council before the plan was adopted and, in the opinion of the Board, the appellant does not provide a reasonable explanation for having failed to make a submission. In order to ensure the record includes all the names of those individuals who are making verbal submissions today for this Municipal Plan Amendment, please ensure that you clearly identify yourself before you begin your submissions and the Clerk will record your name for the record. If your name does not appear on the record, you may jeopardize any further involvement you wish to have in these matters. Any recommendation made by the Development & Technical Services Committee on these matters today will be considered by City Council on Auaust 29 2005. If City Council adopts the amendments, they will proceed to the Regional Municipality of Waterloo who has the final approval authority for Municipal Plan Amendments. They are also the body to whom appeals are sent. Further information on these procedures is available from the City's Development and Technical Services Department or the Region's Department of Planning and Culture. Mr. B. Sloan presented the report advising the property at 52 & 90 Woodside Avenue has been an industrial property for the best part of the last 100 years. The property was previously intended for soil recycling, but this use never materialized, and the time period in the by-law for such a use has expired. The building on the property has been demolished. This is a known brownfield, which has been undergoing extensive remediation for the past year. He stated the current owner, Stirling Bridge, wants to clean-up this property, and use it for a high quality residential development. There has been extensive neighbourhood involvement in the proposed development, including a charette. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 22. 2005 - 90- CITY OF KITCHENER 17. DTS-05-133 - MUNICIPAL PLAN AMENDMENT APPLICATION MP 04/05/W/TC (CONT'D) Mr. Sloan explained the applications before the Committee at this time include: a municipal plan amendment to change the designation from Industrial to Medium Density Residential, a zone change application to change the zoning from Industrial to R-8 with a height restriction of 3-5 storeys, a draft plan of subdivision for 130 freehold lots to contain townhouses, and a common elements condominium for the street, berms, visitor parking and open space. The development will also require site plan approval. Mr. Sloan highlighted some of the benefits of this proposed development, including: neighbourhood diversity, one less brownfield, new tax assessment, new residential development to support the downtown and nearby uses, and improvements to the public realm. Mr. J. McGorman, Stirling Bridge Ltd., addressed the Committee in support of the staff report. He spoke highly of the City's brownfield reclamation program, noting a Record of Site Condition will be filed within a week. Mr. McGorman also spoke highly of staff, the neighbourhood group, noting a good working relationship has been developed with all those who participated in this project. Mr. R. Sutherland, Sutherland Mark Bumstead Fleming Professional Corporation, was in attendance on behalf of his client Weber Supply Company Inc., advising that although they are in support of this proposal, they have some concerns. Noting the zone change application to change this property from industrial to residential, he suggested there will be a compatibility problem with his client's adjacent industrial property. The property owned and occupied by Weber Supply is zoned M-2 which has many permitted industrial uses. Mr. Sutherland advised that in 1995 the Province stipulated a 70 m separation for Class II facilities. The current proposal for the redevelopment of 52 & 90 Woodside Avenue would only provide a 20 m setback from their mutual property line; within that setback, Weber Supply has a 7.5 m right-of-way, so the separation of residential from industrial use is actually only 12.5 m. Mr. Sutherland also advised that Weber Supply has a three storey building at the rear of their property which they may want to use in the future. He stated that Weber Supply has been doing business in the City for many years, and is here to stay. They do not want to be prevented, down the road, from conducting a different but permitted use on their property due to the fact that a residential use exists on the abutting property, which may prevent them from getting a certificate from the Ministry of the Environment because of compatibility problems. In effect, by approving these applications today, the City will be rezoning the Weber Supply property, because the lack of separation between the two developments will preclude certain uses on his client's property. A separation of 70 m would retain their long-term viability on their existing property. When questioned by the Committee, Mr. Sutherland advised Weber Supply has owned 52 Woodside Avenue from time to time over the years. In June of this year they offered to purchase 52 Woodside Avenue, but nothing came of their offer. They have twice tried to purchase 52 Woodside Avenue from Stirling Bridge, and twice tried to purchase it from the previous owner. When questioned about the use of the property owned by Weber Supply, Mr. Sutherland advised the property is currently used for storage. In the past, they did manufacturing on this property, the space is available for such a use, and the zoning allows it. Weber Supply will occupy their current property for years to come and they want to maintain their rights for this property as permitted in the zoning by-law. Mr. B. Sloan advised the proposed residential development will not be any closer to the Weber Supply property than the existing residences. He also noted that Weber Supply is a Class I industrial property, which requires a separation of 20 m from residential. In closing, Mr. Sutherland advised that it is not his client's intention to try and stop the current process, only to request a greater separation distance. He noted that they have not have a lot of opportunity to talk to staff in this regard. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 22. 2005 - 91- CITY OF KITCHENER 17. DTS-05-133 - MUNICIPAL PLAN AMENDMENT APPLICATION MP 04/05/W/TC (CONT'D) Mr. Sutherland then noted that Ms. B. Moffatt, Chief Financial Officer, Weber Supply Company Inc., is in attendance should the Committee have any questions for her. When questioned by the Committee as to whether staff have tried to meet with Weber Supply, Mr. 1. Boutilier distributed a letter from himself to members of Council, dated August 22, 2005, in which he outlines the involvement and opportunities for involvement that Weber Supply Company Inc., has been afforded through this process. Mr. Boutilier also advised that staff have attempted to address the concerns expressed by Weber Supply. City staff have met with Regional staff who administer the Ministry of Environment guidelines, and both City and Region staff believe the proposed separation between these two uses is adequate. Ms. H. Thomson addressed the Committee on behalf of the Concerned Citizens for Neighbourhood Preservation, in support of the staff report and the proposed development. She advised that over the past year this citizens group has been working with City staff and the developer, and always felt that they were a full party to this project. With respect to Mr. Sutherland's comments, Ms. Thomson advised some of the residential neighbours have lived in this neighbourhood for generations, and have invested a substantial amount of money in their homes. She noted this citizens group will still be in existence after this project has been constructed, and will be interested in any change of use that takes place in this neighbourhood. She questioned where Weber Supply has been during this past year of meetings on this project. Ms. Thomson asked the Committee to disregard Mr. Sutherland's objections, and to go forward with the staff recommendations. On motion by Councillor G. Lorentz - it was resolved: "That Municipal Plan Amendment Application MP 04/05/W/TC to amend the land use designation from General Industrial with Special Policy #10, Neighbourhood Park and Open Space to Medium Density Multiple Residential on lands legally described as German Company Tract Sub Lot 17, Lots 359 and 361, Part Lots 362 and 365, Part Lot 366, Plan 183, and Part Lots 1 and 2 Streets and Lanes, municipally known as 52 and 90 Woodside Avenue, in the City of Kitchener, be aooroved, in the form shown in the 'Municipal Plan Amendment' attached to Development and Technical Services Department report DTS-05-133 and forwarded to the Region of Waterloo, with the Region requested to defer approval of the Amendment until such time as the Region has clearance of the Record of Site Condition for the subject lands; and, That Zone Change Application ZC 04/23/W/TC to change the zoning from General Industrial Zone (M-2) with special use provisions 156U and 159U and Temporary Use Provision 8T, General Industrial Zone (M-2) with special use provision 159U and Public Park Zone (P-1) to Residential Eight Zone (R-8) with special regulation provision 435R on lands legally described as German Company Tract Sub Lot 17, Lots 359 and 361, Part Lots 362 and 365, Part Lot 366, Plan 183, and Part Lots 1 and 2 Streets and Lanes, municipally known as 52 and 90 Woodside Avenue, in the City of Kitchener, be aooroved in the form shown in the "Proposed By-law", dated July 29th, 2005, attached to Development and Technical Services Department report DTS-05-133, without conditions; 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 97-061, Grant draft aooroval to Plan of Subdivision Application 30T-05202, in the City of Kitchener, for Stirling Bridge Ltd., subject to the conditions contained in Appendix 'A' to Development and Technical Services Department report DTS-05-133; 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 2002-164, Grant draft aooroval to Plan of Condominium Application 30CDM-05205, in the City of Kitchener for Stirling Bridge Ltd., subject to the conditions contained in Appendix 'A' of Development and Technical Services Department report DTS-05-133; and, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 22. 2005 - 92- CITY OF KITCHENER 17. DTS-05-133 - MUNICIPAL PLAN AMENDMENT APPLICATION MP 04/05/W/TC (CONT'D) That Development and Technical Services staff undertake the necessary procedures to no longer allow vehicular travel of the most south-easterly 25m of Woodside Avenue to coincide with the construction of the development of 52 and 90 Woodside Avenue. The last 25m of the right-of-way shall be used in combination with a portion of Woodside Park and lands within the adjacent proposed development to be utilized as an urban amenity, including public open space, pedestrian walkways and other urban design elements. The maintenance of the space shall be the responsibility of the adjacent developer. Any necessary requirements, notices or agreements shall be co-ordinated by Legal Services staff; and further, That, in recognition of the Cash-in-Lieu of Parkland money generated from Plan of Subdivision 30T-05202 (Stirling Bridge Ltd.), Community Services staff design and implement improvements to park/open space/recreation facilities in the adjacent City- owned lands." 18. ADJOURNMENT On motion, the meeting adjourned at 8:55 p.m. D. Gilchrist Committee Administrator