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HomeMy WebLinkAboutDev & Tech Svcs - 2005-10-17 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 17 2005 CITY OF KITCHENER The Development and Technical Services Committee met this date, commencing at 7:30 p.m. Present: Councillor C. Weylie - Chair Mayor C. Zehr and Councillors B. Vrbanovic, G. Lorentz, J. Gazzola and M. Galloway Staff: C. Ladd, Chief Administrative Officer P. Houston, General Manager of Financial Services & City Treasurer A. Pappert, General Manager of Community Services R. Browning, Acting General Manager of Development & Technical Services R. Shamess, Director of Engineering J. Willmer, Director of Planning J. Witmer, Director of Building J. McBride, Director of Transportation Planning F. McCrea, Assistant City Solicitor J. Sheryer, Assistant City Solicitor G. MacDuff, Manager of Development Engineering D. Gilchrist, Committee Administrator 1. DTS-05-168 - ADDENDUM TO DTS-05-160 FEASIBILITY STUDY FOR THE DEVELOPMENT OF SHORT AND LONG TERM PARKING SOLUTIONS FOR DOWNTOWN KITCHENER The Committee was in receipt of Development and Technical Services Department report DTS- 05-168, dated October 13, 2005, regarding a feasibility study for the development of short and long term parking solutions for Downtown Kitchener. Councillor Weylie advised of the request of staff that consideration of Development & Technical Services Department report DTS-05-168 be deferred to this Committee's meeting scheduled for Monday, October 31,2005. Mr. P. Nolan and Ms. M. Wasilka were in attendance to address the Committee on this matter. Mr. Nolan advised that he and his neighbours are opposed to the construction of a parking garage at Francis and Charles Streets. Ms. Wasilka advised that she will not be able to attend the meeting of October 31st. She stated the whole approach to inner-cities should be to reduce parking, and she asked that this Committee consider the negative impact downtown parking has on public transit. She also spoke of the unsafe environment of surface parking lots particularly at night. It was generally agreed consideration of Development and Technical Services Department report DTS-05-168 and DTS-05-160 be deferred to this Committee's meeting scheduled for Monday October 31, 2005. 2. PRESENTATION - STORMWATER UTILITY FEASIBILITY STUDY Mr. S. Sedgewick of Camp Dresser Mackey was in attendance to provide the Committee with an update on the process this municipality will undertake to arrive at a policy which will address the construction and maintenance of stormwater management facilities, and their financing. This financing could include the establishment of a stormwater utility which would charge rates to residents, in a similar manner to those now changed by the water utility. He advised one Sotrmwater Utility Feasibility Study Steering Committee for the Cities of Kitchener and Waterloo has been established; which over time can become two separate committees if each municipality chooses a separate direction. This steering committee will consist of staff; the consultants, and members of the public. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 17. 2005 - 102- CITY OF KITCHENER 2. PRESENTATION - STORMWATER UTILITY FEASIBILITY STUDY (CONT'D) Mr. Shamess verbally provided a list of those companies, being the City's largest employers, who have been invited to participate in this process. This steering Committee will meet 6 times, and on 2 occasions input from the larger community will be solicited. The first meeting will be held on Thursday October 20, 2005, at 6:30 p.m. in the Conestoga Room. It is anticipated this process will conclude in April/May 2006, at which time a report will come forward to this Committee. 3. DTS-05-129 - ADDENDUM TO DTS-05-107 - PUBLIC PARTICIPATION POLICY - SITE PLAN PROCESS The Committee considered Development & Technical Services Department report DTS-05-129 which is an addendum to their report DTS-05-107 considered by this Committee in June 2005. Mr. Willmer introduced the report advising that, as directed by Council, staff met twice with residents and representatives of neighbourhood associations to obtain their input on this portion of Council's Policy, and the recommendation contained in this report is the result. Mr. B. McColl spoke in support of the recommendation contained in this staff report, and thanked staff for conducting the two public meetings. He advised that the neighbourhood associations and residents support public participation in the Site Plan process; and, although the Planning Act does not require this public participation, this municipality's Official Plan does. He strongly urged the Committee to adopt the recommendation in the staff report. Members of the Committee spoke in support of the recommendation before them, and commended staff for the process they have undertaken. It was agreed by staff that the process outlined in the policy revision could be moved forward by 1 week if there are no neighbourhood concerns raised with respect to a site plan. On motion by Councillor J. Gazzola - it was resolved: "That Council Policy 1-1095 (Public Participation In the Planning Process) be amended by deleting Clauses 10 a) to c) and replacing them with the following clauses: '10. Public Participation in the City's Site Plan approval process: a) That all full site plan applications for new commercial development, redevelopment, or major additions within Planned Commercial Campus, Mixed Use Node, and other appropriate commercial areas, be circulated to all immediately adjacent low rise residential land owners within 60m and, where applicable, affiliated Neighbourhood Associations, for information and comment. b) That the Site Plan Review Committee meeting be scheduled to take place five weeks after notification is given, and all comments from adjacent residents and/or Neighbourhood Associations be provided to the Supervisor of Site Plan Development and the applicable Ward Councillor within three weeks after notification is given (typically two weeks prior to the scheduled meeting). c) That any interested parties be permitted to attend a preliminary meeting immediately prior to the regular Site Plan Review Committee meeting, at which time the residents, the applicants, and affected staff will discuss how the site plan has been or may be revised in response to the written comments of residents, or whether such changes are not reasonable having regard to the nature of the proposed development. That no more than two representatives of the adjacent neighbourhood (appointed by consensus of the neighbourhood) be permitted to attend, as observers only, the regular session of the Site Plan Review Committee Meeting, at which time the plan will be considered for approval in principle and the conditions of approval will be considered. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 17. 2005 - 103- CITY OF KITCHENER 3. DTS-05-129 - ADDENDUM TO DTS-05-107 - PUBLIC PARTICIPATION POLICY - SITE PLAN PROCESS (CONT'D) 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.'; and further, That any changes to the Public Participation Policy be reviewed after one year to examine their effectiveness'." 4. CRPS-05-152 - SIGN BY-LAW REPLACEMENT - MUNICIPAL ACT 2001 COMPLIANCE REIVEW The Committee considered Corporate Services Department report CRPS-05-152, dated October 12, 2005, requesting the re-enactment of the City's Sign By-law, in compliance with the Municipal Act, 2001. Ms. Sheryer advised that the Region of Waterloo has been requested to pass a Sign By-law, effective December 31, 2005, with provisions mirroring those of the City of Kitchener Sign By-law with respect to Regional Roads in the City of Kitchener, as they have the authority to do. On motion by Mayor C. Zehr - it was resolved: "That Chapter 680 (SIGNS) of the City of Kitchener Municipal Code, be repealed and replaced by the by-law attached to Corporate Services Department report CRPS-05-152, dated October 11, 2005." 5. DTS-05-159 - ZONE CHANGE APPLICATION ZC 05/15/E/L T - 230 EAST AVENUE - DR. MARTIN DZIAK - BRIDGEPORT - CENTRE WARD The Committee considered Development & Technical Services Department report DTS-05-159, dated September 12, 2005, recommending approval of Zone Change ZC 05/15/E/L T, for the property municipally known as 230 East Avenue without conditions. On motion by Council B. Vrbanovic- it was resolved: "That Zone Change Application ZC 05/15/E/L T, Dr. Martin Dziak, to change the zoning on the subject lands, at 230 East Avenue, from Neighbourhood Institutional Zone (1-1) with Special Regulation Provision 93R to Community Institutional Zone (1-2) on lands legally described as Plan 351 Pt Lot 63 Pt Lot 64 Pt Lt 110, in the City of Kitchener, be aooroved in the form shown in the "Proposed By-law", dated September 12, 2005, attached to Development and Technical Services Department report DTS-05-159, without conditions." 6. CRPS-05-149 - ENVIRONMENTAL COMMITTEE RECOMMENDATION: COMMUNITY ENVIRONMENTAL IMPROVEMENT GRANTS PROGRAM The Committee considered Corporate Services Department report CRPS-05-149, dated September 29, 2005, containing a recommendation from the City's Environmental Committee, regarding communications to the public respecting the Community Environmental Grants Program, and the development of criteria for awarding these grants. Councillor Gazzola requested information on how last years grant money was spent. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 17. 2005 - 104- CITY OF KITCHENER 6. CRPS-05-149 - ENVIRONMENTAL COMMITTEE RECOMMENDATION: COMMUNITY ENVIRONMENTAL IMPROVEMENT GRANTS PROGRAM (CONT'D) On motion by Mayor C. Zehr - it was resolved: "That staff be directed to communicate Kitchener's Community Environmental Improvement Grant Program (CEIG) to the community, and that the deadline for grant applications be set as Friday, October 28, 2005; and further, That a sub-committee of the Environmental Committee be formed to develop criteria and methods of examination for Community Environmental Improvement Grant applications, consisting of the following individuals: Councillor B. Vrbanovic and Messrs. J. Wilson and C. Schneider." 7. DTS-05-162 - WINDSOR CRESCENT - TRAFFIC CONTROL - FOREST - ROCKWAY WARD The Committee considered the Development & Technical Services Department report DTS-05- 162, dated October 12, 2005, regarding implementation of a one way restriction on Windsor Crescent, and the prohibition of parking along the interior of the crescent. On motion by Mayor C. Zehr - it was resolved: "That a one way restriction be installed on Windsor Crescent, and parking be prohibited along the interior of Windsor Crescent; and further; That the Uniform Traffic Control By-law be amended accordingly." 8. DTS-05-165 - DUKE STREET WEST - ON-STREET PARKING - BRIDGEPORT-CENTRE WARD The Committee considered Development & Technical Services Department report DTS-05-165, dated September 29, 2005, recommending a correction to the Uniform Traffic By-law to reflect on-street parking prohibitions posted on Duke Street West. On motion by Mayor C. Zehr - it was resolved: "That on-street parking be prohibited at anytime on the north side of Duke Street West from Victoria Street North to Wellington Street; and, That on-street parking be prohibited at anytime on the south side of Duke Street West from Victoria Street North to Breithaupt Street; and further, That the Uniform Traffic By-law be amended accordingly." 9. DTS-05-171 - HURON INDUSTRIAL PARK AREA - HEAVY TRUCK ROUTES - SOUTH WARD The Committee considered Development & Technical Services Department report DTS-05-171, dated October 5, 2005, recommending the designation of certain heavy truck routes in the City of Kitchener. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 17. 2005 - 105- CITY OF KITCHENER 9. DTS-05-171 - HURON INDUSTRIAL PARK AREA - HEAVY TRUCK ROUTES - SOUTH WARD (CONT'D) On motion by Mayor C. Zehr - it was resolved: "That the following roads be designated as heavy truck routes: Huron Road - from Fischer Hallman Road to Strasburg Road (24 hour access) Beasley Drive - from Trillium Drive to Homer Watson Boulevard (7am to 7pm daily) Trillium Drive - from Huron Road to Bleams Road; and further, That the Uniform Traffic By-law be amended accordingly." 10. DTS-05-172 - DECORATIVE STREET NAME SIGNS - GRAND RIVER SOUTH COMMUNITY - CHICOPEE-GRAND RIVER WARD The Committee considered Development & Technical Services Department report DTS-05-172, dated October 5, 2005, recommending decorative street signs for streets within the Grand River South Community, and the method of payment for these signs. On motion by Mayor C. Zehr - it was resolved: ''That, notwithstanding current City of Kitchener standards for street name signing, Council approve the use of decorative street name signs for all new streets in the section of the Grand River South community bounded by Fairway Rd., Morrison Rd. and Fairway Cres.; and, That all developers in the subject section of the Grand River South community be required to install the adopted decorative street name sign standard at their expense; and further, That all developers in the subject section of the Grand River South community be required to supply the City of Kitchener with 10% of all the poles, decorative signs, and hardware for future replacement/maintenance purposes." 11. DTS-05-170 - DEMOLITION CONTROL APPLICATION DC 01/09/Q/DR - 530-560 QUEEN STREET SOUTH - DREWLO HOLDINGS INC. - WEST-VICTORIA PARK WARD The Committee considered Development & Technical Services Department report DTS-05-170, dated October 11, 2005, recommending a change in conditions respecting the issuance of a Demolition Permit for the property municipally addressed as 560 Queen Street South, and the subsequent building permit. On motion by Mayor C. Zehr - it was resolved: "That the conditions previously imposed on Demolition Control Application DC 01/09/Q/DR, for demolition of a single detached dwelling, located at 560 Queen Street South, on lands legally described as Part Lot 73, Subdivision of Lot 17, German Company Tract, be waived; and, That Building staff be directed to impose the following as a condition of the demolition permit under the Building Code Act: 'That the owner salvage the materials as set out in the Undertaking dated January 20, 2005'; and further, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 17. 2005 - 106- CITY OF KITCHENER 11. DTS-05-170 - DEMOLITION CONTROL APPLICATION DC 01/09/Q/DR - 530-560 QUEEN STREET SOUTH - DREWLO HOLDINGS INC. - WEST-VICTORIA PARK WARD (CONT'D) That Building staff be directed to impose the following as a condition of the building permit under the Building Code Act: 'That the owner incorporate into the new structure the salvaged materials as set out in the Undertaking dated January 20, 2005." 12. DTS-05-166 - LIMITING DISTANCE AGREEMENT WITH OWNER OF 715 FISCHER HALLMAN ROAD AND ADJACENT HYDRO CORRIDOR - SOUTH WARD The Committee considered Development & Technical Services Department report DTS-05-166, dated September 22, 2005, concerning a limiting distance agreement with the owners of 715 Fischer-Hallman Road, pursuant to the Ontario Building Code. On motion by Mayor C. Zehr - it was resolved: "That the Mayor and Clerk be authorized to execute an agreement with the registered owner(s) of Part Lot 47, G.C.T. being Part 4 on Plan 58R-14676, known as 715 Fischer Hallman Road, pursuant to Section 3.2.3.1.(8) of the Ontario Building Code, said agreement to permit the construction of a new office/retail building with the limiting distance for the exposing building face being measured to a point beyond the property line on the adjacent property, Part Lot 47, G.C.T. being Part 3 on Plan 58R-14676, known as Hydro Corridor." 13. DTS-05-173 - ADAPTIVE REUSE CIP - ADMINISTRATION AND APPLICATION FORM The Committee considered Development & Technical Services Department report DTS-05-173, dated October 3, 2005, concerning the administration and applications for the City's Adaptive Reuse Programme. On motion by Mayor C. Zehr - it was resolved: "That the Application Form for the Adaptive Reuse Program, as presented in Appendix "A" of Development & Technical Services Department report DTS-05-173 be endorsed in principle, subject to periodic minor changes by staff over time; and, That the Adaptive Reuse Program Steering Committee be approved, consisting of: (a) One Planner (Chair/Co-ordinator) (b) The Director of Planning (c) One representative from Legal Services, and (d) One representative from Financial Service; and further, That the 'draft' Design Brief for Adaptive Reuse, as attached in Appendix "B" to Development & Technical Services Department report DTS-05-173 be received for information purposes." 14. DTS-05-175 - AMO ALERT - BUILDING CODE STATUTE LAW AMENDMENT ACT 2002 The Committee considered the Development & Technical Services Department report DTS-05- 175, dated October 7, 2005, outlining staff's concerns with respect to the recent request of the Province, from architects and engineers, not to have to demonstrate Building Code knowledge, and not to have to carry minimum levels of liability insurance. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 17. 2005 - 107- CITY OF KITCHENER 14. DTS-05-175 - AMO ALERT - BUILDING CODE STATUTE LAW AMENDMENT ACT, 2002 (CONT'D) On motion by Councillor J. Gazzola - it was resolved: "That local members of Provincial Parliament be advised that the City of Kitchener: (a) strongly objects to the request of architects and engineers for exemption from the Building Code Statute Law Amendment Act, 2002 (Bill 124) and the regulations made thereunder, requiring demonstrated Building Code knowledge and specified minimum levels of liability insurance for designers, and (b) requests the support of the local area MPPs to ensure that the Building Advisory Council (BAG) to be set up in January of 2006 by the Minister of Municipal Affairs and Housing addresses the following issues such as, improved Code knowledge for builders/contractors, provisions for builder liability insurance for non-residential builders, and longer liability insurance periods for designers, and the other recommendations of BRRAG omitted in Bill 124, which will create a more equitable building regulatory system in Ontario, and (c) request the local area MPPs advise the Minister of Municipal Affairs and Housing and the Attorney General of their positions on these issues." 15. DTS-05-169 - YELLOW FISH ROAD PROGRAM The Committee considered the Development & Technical Services Department report DTS-05- 169, dated October 4, 2005, recommending the City of Kitchener participate in the "Yellow Fish Road" Program led by Trout Unlimited Canada. This is a nation-wide education initiative usually consisting of community groups marking storm drains with a yellow fish. These community groups would then distribute brochures to local residents to remind them our stormwater, which is untreated, goes directly to our local water courses and then to the Grand River. On motion by Councillor B. Vrbanovic - it was resolved: "That the Yellow Fish Road Program be endorsed and implemented at the City of Kitchener through partnership with Trout Unlimited Canada; and further, That the Mayor and Clerk execute the memorandum of understanding provided by Trout Unlimited Canada for this program, in a form satisfactory to the City Solicitor." 16. ADJOURNMENT On motion, the meeting adjourned at 8:20 p.m. D. Gilchrist Committee Administrator