Loading...
HomeMy WebLinkAboutDev & Tech Svcs - 2002-03-25DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 25, 2002 CITY OF KITCHENER The Development and Technical Services Committee met this date commencing at 7:10 p.m. under Councillor C. Weylie, Chair, with the following members present: Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, J. Ziegler, M. Galloway and G. Lorentz. Officials Present: Ms. L. MacDonald, J. Given, A. Menon and Messrs. J. Fielding, B. Stanley, L. Masseo, D. Mansell, J. McBride, G. Stewart, S. Turner and R. Gosse. 1. DTS-02-052-BPS - ZONE CHANGE APPLICATION ZC 01/22/S/BS - LAND BETWEEN 98 -106 STRANGE STREET Councillor C. Weylie, Chair, informed the Committee that zone change application ZC 01/22/S/BS regarding the land between 98 and 106 Strange Street had been advertised for a public meeting this date but the item was not on the agenda. She added that staff was requesting deferral of this matter to the April 29, 2002 Development and Technical Services Committee meeting in order to complete the survey and reference plan for the subject property. On motion by Councillor J. Ziegler - it was resolved: "That the public meeting regarding zone change application ZC 01/22/S/BS for the land between 98 and 106 Strange Street be deferred to the April 29, 2002 Development and Technical Services Committee meeting." 2. DTS-02-046 - HIGHWAY 401 - REGIONAL ROAD 97 TO REGIONAL ROAD 28 (HOMER WATSON BOULEVARD) - HIGHWAY WIDENING / RECONSTRUCTION - MUNICIPAL CODE CHAPTER 450 (NOISE) - REQUEST FOR EXEMPTION The Committee considered Development and Technical Services Department report DTS-02- 046 dated March 4, 2002 dealing with a request received from the Ministry of Transportation on behalf of its contractors for exemption from Municipal Code Chapter 450 (Noise). On motion by Councillor B. Vrbanovic - it was resolved: "That the Ministry of Transportation of Ontario 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 widening and reconstruction of Highway 401 between Regional Road 97 (Main Street East in Cambridge) and Regional Road 28 (Homer Watson Boulevard) and all related work during the period from June 1, 2002 to June 30, 2004." 3. DTS-02-054 - HIGHWAY 8 - FROM THE K -W EXPRESSWAY EASTERLY TO FERGUS AVENUE - HIGHWAY WIDENING / RECONSTRUCTION - MUNICIPAL CODE CHAPTER 450 (NOISE) - REQUEST FOR EXEMPTION The Committee considered Development and Technical Services Department report DTS-02- 054 dated March 6, 2002 dealing with a request received from the Ministry of Transportation on behalf of its contractors for exemption from Municipal Code Chapter 450 (Noise). Councillor B. Vrbanovic pointed out that the construction work will take place primarily during off hours to minimize the impact on traffic yet, the noise especially from the saw cutting required for the demolition of the Franklin Street bridge, will have an impact on the surrounding residential area. He suggested that the Ministry of Transportation be requested to minimize the saw cutting during the night so as to reduce the noise impact on the residents. He also suggested that the construction telephone number be advertised to the surrounding residents as has been done in previous construction projects. Councillor J. Ziegler suggested that the exemption from the I]AT/4IW:j LVA l40111 it3I*]01011190 1&114:AT/[d*3Ke] LVA hri 111 i 94=I LVA l l01 R] I*I MARCH 25, 2002 _60- CITY OF KITCHENER noise by-law be granted for the two year period but be reviewed every six months in order to 3. DTS-02-054 - HIGHWAY 8 - FROM THE K -W EXPRESSWAY EASTERLY TO FERGUS AVENUE - HIGHWAY WIDENING / RECONSTRUCTION - MUNICIPAL CODE CHAPTER 450 (NOISE) - REQUEST FOR EXEMPTION (CONT'D) allow issues to be addressed. On motion by Councillor B. Vrbanovic - it was resolved: "That the Ministry of Transportation of Ontario 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 widening and reconstruction of Highway 8 between Fergus Avenue and Montgomery Road and all related work during the period from approximately April 8, 2002 to December 31, 2004; and, That staff report every six months for Council's review on any issues arising from this exemption; and further, That staff ensure that a construction telephone number is advertised and/or circulated to the affected residents in the area of the construction." 4. DTS-02-055 - BRANDY CRESCENT - ON STREET PARKING - CHICOPEE-GRAND RIVER WARD The Committee considered Development and Technical Services Department report DTS-02- 055 dated March 6, 2002 dealing with a request received from an area resident to review the existing parking regulations on Brandy Crescent. On motion by Councillor B. Vrbanovic - it was resolved: "That parking be prohibited on the south side of Brandy Crescent from Otterbein Road (east intersection) to Otterbein Road (west intersection); and further, That the Uniform Traffic By-law be amended accordingly." 5. DTS-02-050-ES - PAVEMENT CONDITION DATA UPDATE 2002 The Committee considered Development and Technical Services Department report DTS-02- 050-ES dated February 28, 2002 dealing with the consultant selection process regarding the pavement condition data update. On motion by Councillor B. Vrbanovic - it was resolved: "That the City of Kitchener waive the consultant selection process and engage the services of Stantec Consulting in order to complete the 2002 pavement condition update." 6. DTS-02-029-BPS - BRYAN COURT AT LACKNER BOULEVARD - GRAND RIVER SOUTH COMMUNITY PLAN - ZONE CHANGE APPLICATION ZC 01/08/B/SV - HALLMAN BRIERDALE LIMITED - CHICOPEE-GRAND RIVER WARD The Committee considered a zone change application submitted by Hallman Brierdale Limited with respect to property located at the intersection of Lackner Boulevard and Bryan Court. The purpose of the application is to change the current neighbourhood institutional zone (1-1) to residential six zone (R-6) with special use provision 310u, to permit the construction of a cluster I]AT/4IW:J LVA l40111 it3I*]01011190 1&114:AT/[d*3Ke] LVA hri 111 i 94=I LVA l l01 R] I*I MARCH 25, 2002 -61 - CITY OF KITCHENER townhouse development. In this regard the Committee considered Development and Technical 6. DTS-02-029-BPS - BRYAN COURT AT LACKNER BOULEVARD - GRAND RIVER SOUTH COMMUNITY PLAN - ZONE CHANGE APPLICATION ZC 01/08/B/SV - HALLMAN BRIERDALE LIMITED - CHICOPEE-GRAND RIVER WARD (CONT'D) Services Department report DTS-02-029-BPS dated February 28, 2002 and a proposed by-law dated February 27, 2002 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. L. Masseo advised that zone change application ZC 01/08/B/SV is required for the development of 22 townhouse units. He pointed out that the initial circulation of the zone change application resulted in a number of concerns being raised by the neighbouring property owners. Through a number of meetings between the applicant and the neighbouring property owners staff believe that these concerns have been resolved and as such staff is recommending approval of the application. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning Limited, representing the applicant attended and provided a series of drawings showing the two preliminary concepts of the project and the preferred conceptual plan. Mr. Britton pointed out that he has met with the neighbouring property owners to discuss the proposal which resulted in an alternate plan being developed and agreed upon. Mr. Britton concluded his presentation stating he was in agreement with the staff report and recommendation and requested the Committee approve the zone change application. On motion by Councillor B. Vrbanovic - it was resolved: "A. That the "Grand River South Community Plan" be revised as follows: That Map No. 1 be revised by re -designating the lands located at 15 Gregg Court, at the intersection of Bryan Court and Lackner Boulevard, from "Neighbourhood Institutional" to "Low Density Residential" as shown on the attached Schedule "A" - - Grand River South Community Plan, "Land Use Plan Schedule 1", dated February 12`h, 2002. B. That Zone Change Application ZC01/08/B/SV requesting a change in zoning from Neighbourhood Institutional Zone (1-1) to Residential Six Zone (R-6) with Special Use Provision 310U on lands legally described as Block 31, Registered Plan 1732; part of Zeller Drive closed, more particularly described as Part 26 on Plan 58R- 9549; and Block 1, Registered Plan 1806, in the City of Kitchener, be approved in the form shown in the attached "Proposed By-law", dated February 27th, 2002. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan." 7. DTS-02-045 - UNNAMED LANEWAY BETWEEN OTTAWA STREET SOUTH AND BORDEN AVENUE SOUTH The Committee considered Development and Technical Services Department report DTS-02- 045 dated March 12, 2002 which requests the closure of an unnamed laneway between Ottawa Street South and Borden Avenue South. Councillor C. Weylie, Chair, pointed out that the map attached to the report shows Dundas Avenue which she believes does not exist but is not sure if it has been legally closed and requested that staff provide more information. Mr. J. McBride advised that staff had received several requests from some of the abutting property owners to have the unnamed laneway closed. A survey of the abutting property owners regarding the status of the laneway was conducted showing there are 12 properties, 8 of which I]AT/4IW:j LVA l40111 it3I*]01011190 1&114:ATJIN*3Ke] LVA hri 111 i 94=I LVA l l01 R] I*I MARCH 25, 2002 -62- CITY OF KITCHENER are in favour of closure and 4 for formally opening the laneway. He pointed out the laneway 7. DTS-02-045 - UNNAMED LANEWAY BETWEEN OTTAWA STREET SOUTH AND BORDEN AVENUE SOUTH (CONT'D) does not need to service the local traffic and is not currently open and hasn't been for a number of years. Mr. McBride added the closure of the laneway and the associated sale of the lands to the abutting property owners should result in approximately $15,000 revenue whereas if direction is given to physically open the laneway initial costs would be approximately $25,000. Mr. Larry Reichert, owner of property abutting the unnamed laneway, attended. He owns the second property from Ottawa Street South and currently utilizes the laneway and he raised a concern that with the closure and sale to the abutting owner he would lose access to his building via the laneway. He also stated that he was interested in purchasing that portion of the laneway abutting his property but would prefer that the laneway remain as it is. Councillor J. Ziegler suggested that this item be deferred in order to allow staff to gather further information from the abutting owners. On motion by Councillor J. Ziegler - it was resolved: "That Development and Technical Services report DTS-02-045 dated March 12, 2002 be deferred and referred to a future Development and Technical Services Committee meeting in order to allow staff the opportunity to contact affected property owners to work out any agreement to ensure continued access to the properties." 8. DELEGATION - REQUEST FOR A 4 -WAY STOP AT THE INTERSECTION OF LOUISA STREET & WATERLOO STREET Mr. Dennis Pellerin, 100 Louisa Street, attended stating he represented a number of residents on Louisa and Waterloo Streets concerned with the traffic in that area and the need for a 4 -way stop at the intersection. Mr. Pellerin advised that Louisa Street is a local road that is being used as a short cut due to the fact there is only one stop between King Street and Duke Street which allows drivers to obtain a higher rate of speed. He questioned the use of traffic warrants in determining the need for an all -way stop suggesting that traffic volume and speed were a safety concern on Louisa Street and requested that Council approve the installation of an all -way stop at the intersection. Mr. J. McBride suggested that staff review the previous report prepared in 2001 updating it with current statistics and report back to the Committee at the May 13`h meeting. Councillor J. Smola advised he was in agreement with the updated statistics and report but felt there was a need to review the requirements for all -way stops and the current use of traffic warrants. He explained that Council has dealt with many situations where the information of all - way stops did not meet traffic warrants yet the concern for safety by the area residents have caused Council to approve the installation regardless of the traffic warrants. Councillor G. Lorentz agreed with the need to review the process involving traffic warrants and the installation of traffic controls and added that enforcement was also required in order to reduce traffic problems. Councillor J. Smola moved that an all -way stop be installed at the intersection of Louisa and Waterloo Streets. On motion by Councillor J. Ziegler - it was resolved: "That consideration of the motion to install an all -way stop at the intersection of Louisa and Waterloo Streets be deferred and referred to the May 13, 2002 Development and Technical Services Committee meeting in order that staff be allowed the opportunity to review and update the previous report regarding the traffic warrants for the installation of an all -way stop at the intersection of Louisa and Waterloo Streets; and further, I]NV/4IW:J LVA l40111 it3I*]01011190 1&114:AT/[d*3Ke] LVA hri 111 i 94=I LVA l l01 R] I*I MARCH 25, 2002 -63- CITY OF KITCHENER 8. DELEGATION - REQUEST FOR A 4 -WAY STOP AT THE INTERSECTION OF LOUISA STREET & WATERLOO STREET (CONT'D) That staff also report to the Committee meeting of May 13, 2002 regarding policy on the installation of traffic controls and the use of traffic warrants." 9. DTS-02-059-BPS - 11, 13,17 & 21 EBY STREET NORTH - DEMOLITION CONTROL APPLICATION DC 02/02/E/GR - BARREL WORKS KITCHENER LTD - BRIDGEPORT -CENTRE WARD The Committee considered Development and Technical Services Department report DTS-02- 059-BPS dated March 20, 2002 which recommends approval of demolition control application DC 02/02/E/GR submitted by Barrel Works Kitchener Ltd. It was noted in the report that the four residential properties located at 11, 13, 17 and 21 Eby Street North form part of the new Kitchener Market block and must be demolished in order to accommodate this development. In addition, City owned property at four other locations were also being recommended for demolition. On motion by Councillor J. Ziegler - it was resolved: "A. That Demolition Control Application DC 02/02/E/GR (Barrel Works Kitchener Ltd.) requesting approval for the demolition of 4 single family residential buildings located at 11, 13, 17 and 21 Eby Street North, and legally described as Part of Lot 12, marked "N.Zieglar" according to B.Eby's Survey, Registered Plan 364, City of Kitchener, be approved. B. That Council approve the demolition of residential units located at 7 Eby Street (3 units), 296 King Street East (4 units), 322-332 King Street East (3 units) and 20 Cedar Street North (single detached dwelling), and legally described as Part of Lot 12, marked "N.Zieglar" according to B.Eby's Survey, Registered Plan 364, City of Kitchener. It is the opinion of this Committee that approval of this application is proper planning for the City." 10. DTS-02-064-BPS - 317 MILL STREET - DEMOLITION CONTROL APPLICATION DC 02/03/M/TMW - EDMUND FARRAGE - FOREST-ROCKWAY WARD The Committee was in receipt of Development and Technical Services Department report DTS- 02-064-BPS dated March 13, 2002 recommending approval of demolition control application DC 02/03/M/TMW. It was noted in the report that the demolition control application has been submitted to facilitate the redevelopment of the subject property, 317 Mill Street, in conjunction with 313 Mill Street for 17 townhouse dwelling units. On motion by Councillor J. Smola - it was resolved: "That Demolition Control Application DC 02/03/M/TMW, for which the owner is requesting approval for the demolition of a single detached dwelling located at 317 Mill Street, legally described as Part of Lot 47, Subdivision of Lot 18, G.C.T., be approved. It is the opinion of this Committee that approval of this application is proper planning for the City." I]AT/4IW:J LVA l40111 it3I*]01011190 1&114:ATJIN*3Ke] LVA hri 111 i 94=I LVA l l01 Dj 1*1 MARCH 25, 2002 -64- CITY OF KITCHENER 11. CRPS-02-053 - ENVIRONMENTAL COMMITTEE'S RESPONSE TO THE ONTARIO CLEAN AIR ALLIANCE'S PROPOSAL TO PHASE-OUT THE CITY'S PURCHASE OF COAL-FIRED ELECTRICITY The Committee was in receipt of Corporate Services Department report CRPS-02-053 dated March 14, 2002 prepared as a response to an Environmental Committee request that the Development and Technical Services Committee endorse a recommendation arising from their March 7, 2002 meeting. The recommendation deals with a proposal from the Ontario Clean Air Alliance to phase out the City's purchase of coal-fired electricity. Mayor C. Zehr raised a concern about the lack of Provincial and Federal government involvement in this issue noting that although the intent to reduce emissions was beneficial any report must look at the large picture. Councillor J. Ziegler in agreement with Mayor Zehr added that in order to be truly effective the phasing out of the City's purchase of coal-fired electricity must be done in conjunction with a reduction in the production of coal-fired hydro. He explained that by not purchasing the coal-fired electricity it would reduce the cost of that particular electricity making it more attractive to markets elsewhere and especially in the United States. On motion by Councillor B. Vrbanovic - it was resolved: "That staff be directed to investigate the potential emission reduction benefits and financial costs involved in phasing out the City's purchase of coal-fired electricity by 2005, 2007 and 2010, with a report to be provided to the Environmental Committee within six months; and further, That the report include consideration of a policy not to phase out the purchase of coal- fired electricity unless there is an industry wide reduction in the production of coal-fired electricity." 12. DTS-02-039-BPS - REVISIONS TO SIGN BY-LAW AND - ENFORCEMENT OF SIGN BY-LAW The Committee considered Development and Technical Services Department report DTS-02- 039-BPS dated February 27, 2002 dealing with revisions to the sign by-law and enforcement matters. It was pointed out that notice of the intent to consider a change to the sign by-law was given and interested parties were encouraged to attend this meeting to make any submissions regarding the changes. Ms. J. Given advised that the proposed by-law, dated February 27, 2002 attached to the report, has been revised and that the new proposed by-law, dated March 18, 2002, should replace it. Ms. Given provided a brief overview of the report noting the by-law presents a final regulation for a number of sign types and matters which have been discussed extensively over the course of the last year. The by-law includes changes to pylon signs, portable signs, roof signs, and introduces signs for home businesses and a new sign type, a tower sign. Councillor J. Ziegler raised a concern regarding clauses 2 & 3 of the recommendation where signs could be removed without notice to the owner. Mr. S. Turner pointed out that this enforcement is really an issue for repeat offenders and will not necessarily be implemented for first time offenders. Mr. Bob McColl, representing the Pinegrove Community Association, attended raising several concerns regarding height, visibility and the proliferation of signs. Mr. McColl pointed out that the proposed by-law does not restrict a property from having both a roof top sign and a tower sign nor does it adequently address the distance separation from signs and residential properties. He requested that the provisions of the by-law dealing specifically with roof top and tower signs be deferred in order that further public debate may take place. He also requested that the by-law contain regulations whereby the distance separation between a tower and roof I]=kT/4IW:J LVA l40111 it3I*]01011190 1&114:ATJIN*3Ke] LVA hri 111 i 94=I LVA l l01 P] I*I MARCH 25, 2002 _66- CITY OF KITCHENER sign from any residential property be 200 metres. 12. DTS-02-039-BPS - REVISIONS TO SIGN BY-LAW AND - ENFORCEMENT OF SIGN BY-LAW (CONT'D) Ms. Given advised that the maximum height for a pylon sign is 25 feet whereas the proposed maximum height for a tower sign will be 35 feet. She also noted that the proposed by-law does not contain any prohibition regarding a property having a roof sign and a tower sign. Mr. John Weiss, owner of Serva-Sign Inc., attended advising the Committee that his company created the tower sign to accommodate retailers with a sign that would contain a permanent tenant directory as well as a temporary advertising space which should reduce the need for portable or temporary signs. Mr. Weiss requested that the Committee support the recommendation in the report and approve the tower sign provision of the by-law. Mr. Dave Lamka, owner of A to Z Signs Limited, appeared advising that the proposed sign by- law must comply with the judge's ruling in the 1997 Stoney Creek Ontario Court of Appeal case. Mr. Lamka requested that the sign by-law provisions dealing with the separation distance of a mobile sign from a tower sign be sufficient to allow mobile signs on all properties regardless of the property's size. He further requested that mobile signs be allowed on the same lot as a tower sign at a separation distance of 10 metres on the same lot and 10 metres on an adjoining lot and that the maximum size and height of a mobile sign remain at 3.7 metres and 72 square feet. Mr. Lamka also pointed out that the proposed change to ban fluorescent lettering on portable signs should be expanded to include all pylon, ground and tower signs as these signs will also be placed up to .04 metres from the property line. Councillor J. Ziegler raised a concern regarding the prohibition of fluorescence on portable signs and the need to expand this prohibition to all signs. He also questioned the need to notify abutting property owners when a sign has been granted due to the fact that the proposed distance separation will have an effect on any signage placed on their property. Ms. Given advised that the prohibition of fluorescence should be extended to all signs and that a notice of this change should be given to allow affected parties opportunity to make submissions. On motion by Councillor J. Ziegler - it was resolved: "That a by-law be prepared for Council's consideration on April 8, 2002 to amend Chapter 680 of the Municipal Code, based on the proposed by-law dated March 18, 2002 with the following amendments: a) that clause 30, referencing the effective date for the amended maximum height and area size of portable signs be amended to; "shall come into force three years from the date of passage of this by-law"; That a by-law to further amend Chapter 680 of the Municipal Code be prepared and public notice be given, for Council's consideration and to contain the following: a) that tower signs are prohibited on the same lot as a roof sign; b) provision for giving notice to abutting property owners when an application for a ground, pylon, inflatable, tower or billboard sign permit is received; advising that their rights to erect a sign may be affected; c) that the use of fluorescence on any sign requiring a permit be prohibited; That staff, in consultation with the neighbourhood associations, review the distance separation of signs requiring a permit and residential areas; and, That the By-law Enforcement Division prepare a report giving details of the proposed program of proactive and targeted enforcement, including sign removals as required, relating to portable and other forms of temporary signs; and further, I]MM4I :JLVA 140111it3I*]01011197MIM4:ATJIN*3Ke]LVA LVA 111i94=1111LVA I101MI*I MARCH 26, 2002 -66- CITY OF KITCHENER 12. DTS-02-039-BPS - REVISIONS TO SIGN BY-LAW AND - ENFORCEMENT OF SIGN BY-LAW (CONT'D) That the By-law Enforcement Division review possible amendments to the Code authorizing staff to remove certain types of illegal signs without notice to the owner, as well as providing for a set fee for anyone wishing to retrieve a sign that has been seized by the City, and report back to the Development and Technical Services Committee." 13. ADJOURNMENT On motion, the meeting adjourned at 9:00 p.m. R. Gosse Deputy City Clerk