HomeMy WebLinkAboutDev & Tech Svcs - 2002-05-13 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 13, 2002 CITY OF KITCHENER The Development and Technical Services Committee met this date commencing at 7:00 p.m. under Councillor C. Weylie, Chair, with the following members present: Councillors B. Vrbanovic, M. Galloway, J. Smola and J. Ziegler. Officials Present: Ms. L. MacDonald and Messrs. J. Fielding, J. McBride, J. Will mer, L. Masseo, G. Stewart, R. Browning and L.W. Neil. 1. DTS-02-091 - INTERSECTION CONTROL - KESSELRING DRIVE / KESSELRING COURT - SOUTH WARD The Committee was in receipt of Development and Technical Services Department report DTS- 02-091 dated April 18, 2002 pertaining to there being no posted form of traffic control at the intersection of Kesselring Drive and Kesselring Court and a staff recommendation to install a stop control. On motion by Councillor J. Ziegler- it was resolved: "That a stop control be installed on Kesselring Court at the intersection of Kesselring Drive facing northbound traffic; and further, That the Uniform Traffic By-law be amended accordingly." 2. CRPS-02-111 - ENVIRONMENTAL COMMITTEE RECOMMENDATION - NOTICE TO GRAND RIVER CONSERVATION AUTHORITY RE: CONSIDERATION OF 'DRAFT' WETLANDS POLICY The Committee considered Corporate Services Department report CRPS-02-111 dated May 10, 2002 advising of a recommendation arising from the May 9, 2002 Environmental Committee meeting requesting that the GRCA be advised as to the timeframe of the City's response to the GRCA 'Draft' Wetlands Policy. On motion by Councillor J. Ziegler- it was resolved: "That the Grand River Conservation Authority (GRCA) be advised the Kitchener Environmental Committee response to the GRCA draft Wetlands Policy is recommended for referral to the June 10, 2002 Development & Technical Services Committee meeting for consideration and recommendation to City Council on June 17, 2002." 3. DTS-02-117-BPS - DEFERRAL OF PUBLIC MEETING DATE RE: ZONE CHANGE APPLICATION ZC 01/22/S/BS (LANDS BETWEEN 98 & 106 STRANGE STREET) - WEST -VICTORIA PARK WARD - The Committee was in receipt of Development and Technical Services Department report DTS- 02-117-BPS dated May 9, 2002 dealing with deferral of the public meeting with respect to zone change application ZC 01/22/S/BS initiated by the City with respect to City owned lands between 98 & 1 06 Strange Street. Councillor C. Weylie advised that she had received a telephone call from Mrs. Weaver, Port Elgin, daughter of the deceased owner of 98 Strange Street, requesting notification in respect to future meetings concerning this zone change. On motion by Councillor J. Ziegler- it was resolved: "That the public meeting for Zone Change Application ZC 01/22/S/BS for the City owned land between 98 and 106 Strange Street be deferred to a future meeting of the Development and Technical Services Committee." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 13, 2002 -75 - CITY OF KITCHENER 4. DTS-02-106 - TRAFFIC CONTROLS - ERINBROOK DRIVE - SOUTH WARD The Committee was in receipt of Development and Technical Services Department report DTS- 02-106 dated May 1, 2002 dealing with recommendations pertaining to traffic conditions on Erinbrook Drive following completion of a survey of residents of Erinbrook Drive as well as traffic studies relating to Erinbrook Drive at: Laurentian Drive, Tillsley Drive, Rittenhouse Road and Rockwood Road. Mr. J. McBride advised that staff had undertaken the Erinbrook Drive review at the request of Councillor M. Galloway and pointed out that the survey response of residents expresses concern with vehicular speeding and traffic volume. He noted that none of the four intersections met the traffic warrant for an all way stop control but that Erinbrook Drive I Tillsley Drive was relatively close to the warrant requirement. Mr. McBride suggested that the report this date be considered as the first report of a continuing review of traffic conditions in the neighbourhood. Ms. Kara Cooke and Ms. Michelle Daly, residents of Erinbrook Drive, attended to express their concerns about childrens safety as a result of speeding on the straight away portions of Erinbrook Drive. They commented that traffic studies were conducted in the winter when vehicles are not driven as fast as in the remainder of the year and recommended studies be undertaken in late afternoon I early evening in the summer. It was also suggested a 40 k speed zone be established on Erinbrook Drive and that signs be erected depicting children at play. Mr. McBride noted that advisory 40 k speed signage exists on the curves of Erinbrook Drive and that speed studies were based on counts taken in summer 2001. Councillor M. Galloway agreed that the current report was the first step in a process of review of Erinbrook Drive. He commented that there were similar concerns with speeding across the City and questioned if the speed advisory program could be utilized. In summary, Councillor Galloway advised that staff would continue to monitor the situation and investigate other options as required in the future. The staff recommendation was then revised according to suggestions of Councillors J. Ziegler and M. Galloway. On motion by Councillor M. Galloway - it was resolved: "That for the time being an all-way stop control not be installed at the intersections of Erinbrook Drive at Laurentian Drive, Rittenhouse Road and Rockwood Road on the understanding staff will monitor Erinbrook Drive traffic, as well as undertake traffic studies during peak afternoon I evening hours (3-6 pm or 4-7pm) and report back to the Committee at a future date; and, That an all-way stop control be installed at the intersection of Erinbrook Drive at Tillsley Drive; and further, That the Uniform Traffic By-Law be amended accordingly." Councillor M. Galloway advised that he would write to the Waterloo Region Police Services to request traffic enforcement on Erinbrook Drive. 5. DTS-02-108 PRESENTATION RE: CURRENT POLICIES INSTALLATION OF TRAFFIC CONTROLS AND USE OF TRAFFIC WARRANTS The Committee was in receipt of Development and Technical Services Department report DTS- 02-108 dated April 30, 2002 which was prepared as an information report to outline the current policies and warrants used by transportation planning when assessing possible implementation of all way stops, traffic control signals and traffic calming measures. It was noted that the staff report had been requested by the Development and Technical Services Committee at its meeting held March 25, 2002. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 13, 2002 -76 - CITY OF KITCHENER 5. DTS-02-108 PRESENTATION RE: CURRENT POLICIES INSTALLATION OF TRAFFIC CONTROLS AND USE OF TRAFFIC WARRANTS ICONT'DI Mr. J. McBride referred the Committee to the report and advised that staff develop recommendations based on traffic engineering principles. However, he stressed that Council had the perogative to authorize installation of whatever measures that it considered appropriate in order to take account of extenuating circumstances. The Committee raised several questions in regard to existing policies to which Mr. McBride responded noting that policies have been relaxed and that staff were trying to be flexible. Discussion continued with the Committee acknowledging the need for guidelines but requesting that staff also undertake to suggest where in specific situations standards could be relaxed. Mr. J. Fielding advised the Committee that staff would undertake to consider mitigating circumstances and inform Council where there was some latitude that could be exercised in respect to established policies; however, he emphasized such decisions would rest with Council. 6. DTS-02-096 - TRAFFIC CONTROL - LOUISA STREET AT WATERLOO STREET BRIDGEPORT -CENTRE WARD The Committee was in receipt of Development and Technical Services Department report DTS- 02-096 dated April 29, 2002 which deals with review of the need for an all way stop control at the intersection of Waterloo Street at Louisa Street. It was recommended in the report that an all way stop control not be installed but that various other secondary measures be taken to improve the existing stop controls on Waterloo Street at Louisa Street. Mr. J. McBride advised that this intersection had been reviewed over the years to address concerns with respect to traffic volume, speeding, collision and traffic warrant requirements. He pointed out that consistently the traffic volumes have been in the range of just over % of the warrant requirement and accordingly staff were recommending the existing stop signs be reinforced through additional measures. Mr. John Fishbein attended in opposition to the staff recommendation and to request installation of an all way stop at Louisa and Waterloo Streets. He commented on the approach that the Cities of Cambridge and Waterloo take to citizen requests to improve traffic signage in their neighbourhoods as well as the increased effect on Louisa Street of the no left turn prohibition at the intersection of Weber and Wellington Streets. Mr. Fishbein also suggested that a protocol be established for staff to meet with and work together with residents to find solutions to their neighbourhood traffic concerns. Finally, he suggested there was no downside to an all way stop and asked that it be installed. Mr. Denis Pellerin attended in opposition to the staff recommendation and in support of the submission of area residents that was circulated with the committee agenda. He referred to the police accident statistics provided, the speeding problem, street photographs in the submission and the very strong support of area residents for an all way stop. Mr. Pellerin suggested that the all way stop could be removed if monitoring over a three year period showed that it did not improve the current situation. Lastly, he noted that Councillor J. Smola had introduced a motion for an all way stop at a previous meeting. At this point, Mr. J. Fielding advised that staff were prepared to change their recommendation in view of the presentations made by the delegations this date. Mr. Bryan Smith was registered to speak but advised that he would not in view of Mr. Fielding's comments. A recorded vote was requested on this matter. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 13, 2002 -77 - CITY OF KITCHENER 6. DTS-02-096 - TRAFFIC CONTROL - LOUISA STREET AT WATERLOO STREET - BRIDGEPORT -CENTRE WARD ICONT'DI On motion by Councillor J. Smola- it was resolved: "That an all-way stop control be installed at the intersection of Waterloo Street at Louisa Street." Councillors C. Weylie, J. Smola, J. Ziegler, M. Galloway and B. Vrbanovic voted unanimously in favour of the motion. 7. DTS-02-086-BPS - 944-946 KING STREET WEST - ZONE CHANGE APPLICATION ZC 02/01/K/CB - 1476581 ONTARIO LIMITED - WEST -VICTORIA PARK WARD The Committee was advised that a zone change application has been received from 1476581 Ontario Limited requesting a rezoning that would permit convenience retail uses and personal service uses within the existing building at 944-946 King Street West. In this regard, the Committee considered Development and Technical Services Department report DTS-02-086- BPS dated April 18, 2002 and a proposed by-law dated April 18, 2002 attached to the report. For the record, it is noted that the recommendation in the staff report refers incorrectly to the proposed by-law as dated March 26, 2002 rather than April 18, 2002. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Staff had nothing further to add to the report under consideration. No delegations were registered respecting this matter. On motion by Councillor J. Ziegler- it was resolved: "That Zone Change Application ZC 02/01/K1CB (944-946 King Street West - 1476581 Ontario Limited), to change the zoning on the subject lands, legally described as Lot 294 and Part Lot 293, Registered Plan 385, Designated as Parts 1 and 2, Reference Plan 58R-4485, City of Kitchener, from Commercial-Residential One Zone (CR-1) to Commercial-Residential One Zone (CR-1) with Special Use Provision 307U to permit convenience retail uses and personal service uses within the building, existing on September 17, 2001, be approved, in the form shown in the Proposed By-law dated April 18, 2002, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with Amendment #36 (New Commercial Policy) to the City's Municipal Plan." 8. DTS-02-092-BPS - 4 CHARLES STREET EAST (NEW PARKING GARAGE) - MUNICIPAL PLAN AMENDMENT APPLICATION MP 02/04/C/GR - ZONE CHANGE APPLICATION ZC 02/13/C/GR - CITY INITIATED - WEST -VICTORIA PARK WARD The Committee was advised that City initiated applications have been processed to amend the Municipal Plan and change the zoning of lands known municipally as 4 Charles Street East. The purpose of the Municipal Plan Amendment is to add a special policy to allow a City owned parking garage on the subject lands on the northwest corner of Charles and Benton Streets to have a floor space ratio (FSR) of 4.6. The purpose of the rezoning is also to allow an FSR of 4.6 and additionally to allow the setback requirements to Charles Street and the abutting laneways to be 0 metres. In this regard, the Committee considered Development and Technical Services DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 13, 2002 8. DTS-02-092-BPS - 4 CHARLES STREET EAST (NEW PARKING GARAGE) MUNICIPAL PLAN AMENDMENT APPLICATION MP 02/04/C/GR - ZONE CHANGE APPLICATION ZC 02/13/C/GR - CITY INITIATED - WEST -VICTORIA PARK WARD ICONT'DI -78 - CITY OF KITCHENER Department report DTS-02-092-BPS dated April 19, 2002 and a proposed zoning by-law dated April 19, 2002 attached to the report. Also, attached to the report was the document to amend the Municipal Plan. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Councillor C. Weylie, Chair, read the following statement: 'This is a Public Meeting under 'The Planning Act, 1996' to consider Municipal Plan Amendment Application 02/04/C/GR 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 Mav 27, 2002. 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.' Staff had nothing further to add to the recommendations contained in the report. No delegations were registered respecting this matter. On motion by Councillor J. Ziegler- it was resolved: "A. That Municipal Plan Amendment Application MP 02/04/C/GR (City of Kitchener - 4 Charles Street East) being an amendment to add Special Policy #36 to Part 3, Section 12 of the Municipal Plan, be approved, as follows: "36. 4 Charles Street East Notwithstanding the maximum Floor Space Ratio in the Retail Core of 2.0, a maximum Floor Space Ratio of 4.6 for a multi-storey parking garage shall be permitted on lands located at 4 Charles Street East." It is the opinion of this Committee that approval of this Amendment to the Municipal Plan is proper planning for the City. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 13, 2002 -79 - CITY OF KITCHENER 8. DTS-02-092-BPS - 4 CHARLES STREET EAST (NEW PARKING GARAGE) - MUNICIPAL PLAN AMENDMENT APPLICATION MP 02/04/C/GR - ZONE CHANGE APPLICATION ZC 02/13/C/GR - CITY INITIATED - WEST -VICTORIA PARK WARD ICONT'DI B. That Zone Change Application ZC 02/13/C/GR (4 Charles Street East - City Initiated) requesting a change in zoning from Retail Core Zone (D-1) to Retail Core Zone (D-1), with special regulation provision 383R on lands legally described as part Lot 2 and North 1/2 of Lot 3, part Lot 4 and Southwest 1/2 of Lot 3, East of Queen Street, part Lot 32 and part of Block marked 10 to 15, West of Benton Street, Registered Plan 394, more particularly described as Parts 5 to 9 inclusive on Plan 58R-1516, in the City of Kitchener, be approved, in the form shown in the "Proposed By-law", dated April 19, 2002, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with a recommended Amendment (MP 02/04/C/GR - 4 Charles Street East) to the City's Municipal Plan." 9. DTS-02-078-BPS - BLOCKLlNE ROAD EXTENSION - HOMER WATSON BOULEVARD TO COURTLAND AVENUE EAST - MUNICIPAL PLAN AMENDMENT APPLICATION MP 02/02/B/BS - AMENDMENT TO COUNTRY HILLS EAST COMMUNITY PLAN - CITY INITIATED - FAIRVIEW-GATEWAY WARD - The Committee was advised that City initiated applications have been processed to amend the Municipal Plan and the Country Hills East Community Plan with respect to the Blockline Road extension. The proposed Municipal Plan amendment changes Map 4 - Transportation to reflect the approved alignment of the Blockline Road extension between Homer Watson Boulevard and Courtland Avenue. The purpose of the Community Plan amendment is to change the maps in the Country Hills East Community Plan to also reflect the approved alignment of the Blockline Road extension. Further, these amendments will allow future development applications in the area to conform to the road alignment in both the Municipal Plan and the Community Plan. In this regard, the Committee considered Development and Technical Services Department report DTS-02-078-BPS dated April 15, 2002. Also, attached to the report was the document to amend the Official Plan. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Councillor C. Weylie, Chair, read the following statement: 'This is a Public Meeting under 'The Planning Act, 1996' to consider Municipal Plan Amendment Application 02/02/8/85 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 Mav 27, 2002. If City Council adopts the amendments, they will proceed to the Regional Municipality of Waterloo who has the final DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 13, 2002 - 80 - CITY OF KITCHENER 9. DTS-02-078-BPS - BLOCKLlNE ROAD EXTENSION - HOMER WATSON BOULEVARD TO COURTLAND AVENUE EAST - MUNICIPAL PLAN AMENDMENT APPLICATION MP 02/02/B/BS - AMENDMENT TO COUNTRY HILLS EAST COMMUNITY PLAN - CITY INITIATED - FAIRVIEW-GATEWAY WARD ICONT'DI 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.' Staff had nothing further to add to the recommendations contained in the report. No delegations were registered respecting this matter. On motion by Councillor J. Ziegler- it was resolved: "A. That Municipal Plan Amendment Application MP 02/02/B/BS (City of Kitchener - Block Line Road), being an amendment to change Map 4 -Transportation to show the revised alignment of the Block Line Road extension, as shown on Schedule 'A' attached to Amendment, be approved. It is the opinion of this Committee that approval of this Amendment to the Municipal Plan is proper planning for the City. B. That amendments to the 'Country Hills East Community Plan', being changes to: Map B - Community Plan, Map D - Floodplain and Environmental Areas, and Map H - Community Trails to show the revised alignment of the secondary arterial road, as shown on Maps 1 to 3 attached to report DTS-02-078-BPS, be approved. It is the opinion of this Committee that approval of these Amendments to the Community Plan is proper planning for the City and is in conformity a recommended Amendment (MP 02/02/B/BS - Block Line Road) to the City's Municipal Plan." 10. DTS-02-099-BPS - SOUTHWEST CORNER OF MORGAN AVENUE AND RIVER ROAD - ZONE CHANGE APPLICATION ZC 01/29/M/BS - SILVA DENTAL LABORATORY INC./ PETRO CANADA LIMITED - CHICOPEE-GRAND RIVER WARD The Committee was advised that a zone change application has been submitted by Silva Dental Laboratory Inc. on behalf of Petro Canada Limited, the property owner, to rezone vacant lands located at the southwest corner of Morgan Avenue and River Road. The proposed rezoning is from Service Station Zone (C-7) to Convenience Commercial Zone (C-1) with special use provision 304u in order to permit a health clinic and to reduce the associated parking requirement. In this regard, the Committee considered Development and Technical Services Department report DTS-02-099-BPS dated April 12, 2002 and a proposed by-law dated April 15, 2002 attached to the report. For the record, it is noted that the recommendation in the staff report incorrectly referred to the proposed by-law as dated March 27, 2002 rather than April 15, 2002. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Staff had nothing further to add to the recommendations contained in the report. No delegations were registered respecting this matter. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 13, 2002 - 81 - CITY OF KITCHENER 10. DTS-02-099-BPS - SOUTHWEST CORNER OF MORGAN AVENUE AND RIVER ROAD - ZONE CHANGE APPLICATION ZC 01/29/M/BS - SILVA DENTAL LABORATORY INC./ PETRO CANADA LIMITED - CHICOPEE-GRAND RIVER WARD ICONT'DI Councillor B. Vrbanovic expressed concern over the possibility of a business that would have drive-thru uses locating on the site in future and requested that staff revise the proposed by-law to include deletion of 'drive-thru uses' and that the recommendation and a revised proposed by- law be brought directly to the May 27, 2002 Council meeting for consideration. On motion by Councillor B. Vrbanovic - it was resolved: "That the following recommendation in Development and Technical Services report DTS- 02-099-BPS be deferred and referred to the Mav 27, 2002 Council meetina for consideration in conjunction with direction that staff revise the proposed by-law to include deletion of 'drive-thru uses': That Zone Change Application ZC 01/29/M/BS (Morgan Avenue and River Road - Silva Dental Laboratory / Petro Canada Limited), to change the zoning on the subject lands, legally described as Plan 1310 Block E, City of Kitchener, from Service Station Zone (C-7) to Convenience Commercial Zone (C-1) with Special Use Provision 304U to permit a health clinic and a reduction in the required parking, be approved, in the form shown in the Proposed By-law dated April 15, 2002, without conditions." 11. ADJOURNMENT On motion, the meeting adjourned at 8:05 p.m. LW. Neil, AMCT Assistant City Clerk