HomeMy WebLinkAboutDev & Tech Svcs - 2006-03-27DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
MARCH 27, 2006 CITY OF KITCHENER
The Development and Technical Services Committee met this date, commencing at 6:48 p.m.
Present: Councillor C. Weylie -Chair
.....................Mayor C. Zehr, and Councillors J. Smola, G. Lorentz, B. Vrbanovic, M. Galloway,
J. Smola and J. Gazzola.
Staff: R. Browning, Acting General Manager, Development and Technical Services
F. McCrea, Assistant City Solicitor
R. Shames, Director of Engineering
J. McBride, Director of Transportation Planning
J. Witmer, Director of Building and Environmental Remediation
T. Boutilier, Senior Planner
D. Ross, Senior Planner
C. Bluhm, Planner
D. Gilchrist, Committee Administrator
1. DTS-06-039 -TRAFFIC CONTROL -KING STREET WEST AT WATER STREET
The Committee considered Development and Technical Services Department report DTS-06-
0139, dated March 1, 2006, recommending eastbound left turns from King Street West onto Water
Street on Sundays only.
On motion by Councillor B. Vrbanovic -
itwas resolved:
"That the Uniform Traffic by-law be amended to permit eastbound left turns from King
Street West onto Water Street on Sundays."
2. DTS-06-03$ - PROPOSED LANE CLOSURE -136 & 140 WEBER STREET WEST
The Committee considered Development and Technical Services Department report DTS-06-038,
dated February 16, 2006, recommending closure of a portion of an unnamed lane between 136
and 140 Weber Street West.
On motion by Councillor B. Vrbanovic -
itwas resolved:
"That closure of a portion of the unnamed lane between 136 and 140 Weber Street West
that runs from a point 77.5 metres north of Weber Street West to a point 29 metres north
thereof be approved in principle, and Legal Services proceed with the preparation of a by-
law to close this part of the unnamed lane and the necessary advertising in the local
newspaper, subject to the following conditions:
a) That the purchaser, being the registered owner of the property municipally known as
130 Weber street West, enter into an Agreement of Purchase and Sale with the City
of Kitchener, satisfactory to the City Solicitor, to purchase part of the unnamed land
for $1.00.
b) That a reference plan to describe the above land be prepared and submitted to
Legal Services for approval prior to it being deposited on title, in advance of the
preparation of the lane closure by-law.
c) That the purchaser be responsible for all costs associated with the survey, legal
registration, advertising and Legal Services administration fee associated with the
closure of the lane.
d) That the Mayor and Clerk be authorized to execute all documentation, satisfactory to
the City Solicitor, to convey this part of the unnamed land to the registered owner of
the property municipally known as 130 Weber Street West."
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
MARCH 27, 2006 - 30- CITY OF KITCHENER
3. DTS-06-043 - BROWNFIELD REMEDIATION PROGRAM APPLICATION 06-01
MENNO HOMES INC. -1420 KING STREET EAST
The Committee considered Development and Technical Services Department report DTS-06-043,
dated March 21, 2006, in which staff recommend approval of an application made by Menno
Homes Inc., through the City's Brownfield Remediation Plan. Mr. T. Boutilier reviewed the staff
recommendation, noting that at the time the application was made, the cost of remediation was
cited as $183,000.00; however that amount has since changed.
Mr. M. Buhr, Menno Homes, was in attendance to request an amendment to his application and
the staff recommendation, as he is now faced with a cost of $197,223.01. Mr. Buhr advised this
property used to be owned by the City of Kitchener and was sold to Eastwood Mennonite Homes
in 1985, but was not developed by them. They sold it to Menno Homes for $1.00 in 1994,
provided it is developed with a seniors' housing complex. The current proposal is to construct a
six story seniors' housing project; however, a building permit cannot be issued until approval of
this application is obtained from Council. He requested that both Committee and Council approve
this application this date.
On motion by Councillor J. Smola -
itwas resolved:
"That Brownfield Remediation Application 06-01, received from Menno Homes Inc., dated
March 20, 2006, for the property municipally known as 1420 King Street East, be approved;
and,
That in exchange for a completed and filed Record of Site Condition for 1420 King Street
East, the City of Kitchener provide a grant in the form of an annual rebate on City taxes in
an amount equal to 100% of the City Tax Increment; where the City Tax Increment is
defined as the difference between the City portion of real property taxes for the 2006
Taxation Year and the new City portion of real property taxes levied as a result of a new
assessment by the Municipal Property Assessment Corporation (MPAC) following
completion of the project; with the grant to continue for a maximum period of 10 years or
until the total Eligible Remediation Cost of approximately $197,223.01 has been reached,
whichever comes first; and further,
That the Mayor and Clerk be authorized to execute a Remediation and Redevelopment
Agreement with Menno Homes Inc., satisfactory to the City Solicitor."
DTS-06-013 - DRAFT PLAN OF SUBDIVISION APPLICATION 30T-05206 - RITTENHOUSE
ROAD - COUNTRY HILLS WEST COMMUNITY -PROSPERITY
DEVELOPMENTS INC. AND CITY-INITIATED ZONE CHANGE ZC 06I03IRICB
-AND-
DTS-06-061 - CONDOMINIUM VS. SUBDIVISION CONSIDERATIONS - RITTENHOUSE
ROAD
The Committee considered Development and Technical Services Department report DTS-06-013,
dated February 28, 2006, previously considered by this Committee on March 6, 2006, final
consideration having been deferred to this meeting, pending a decision by the developer with
respect to provision and maintenance of on-street parking. The Committee also considered
Development and Technical Services Department report DTS-06-061, dated March 21, 2006,
recommending that a Plan of Condominium be prepared and registered for 16 off-street parking
spaces to be tied to the lots created through the plan of subdivision.
Mr. C. Bluhm reviewed the two staff reports, explaining that following the March 6, 2006
Development and Technical Services Committee meeting, staff and the proponent reviewed
possibilities to address the on-street parking situation, including a plan of condominium, and a
common elements condominium. The proponent advises that condominium townhouses and
freehold townhouses have different markets. A full plan of condominium appeals to singles and
professional couples who do not want to have to maintain the property; whereas, freehold
townhouses appeal to families and first time home buyers who do not want the added cost of a
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
MARCH 27, 2006 - 31- CITY OF KITCHENER
4. DTS-06-013 - DRAFT PLAN OF SUBDIVISION APPLICATION 30T-05206 - RITTENHOUSE
ROAD - COUNTRY HILLS WEST COMMUNITY -PROSPERITY
DEVELOPMENTS INC. AND CITY-INITIATED ZONE CHANGE ZC 06I03IRICB
-AND-
DTS-06-061 - CONDOMINIUM VS. SUBDIVISION CONSIDERATIONS - RITTENHOUSE
ROAD tCONT'D)
condominium fee. Given this area of the City is family oriented, freehold townhouses will sell
better in this area. The developer would prefer this as a plan of subdivision only, or combined with
a common elements condominium to address the operational issues associated with the 18 on-
street parking spaces at the end of the crescent.
Mr. Bluhm then advised that recommendation "A" in Development and Technical Services
Department report DTS-06-013 is no longer required, as a satisfactory notification letter has been
received from the Region of Waterloo respecting the hydrogeological assessment, and he
requested the Committee not adopt recommendation "A". He also advised that the sanitary
capacity is close to being determined, and expects that by the April 3, 2006 Council meeting,
recommendation "B" will not be required.
Councillor Lorentz questioned whether this parking design is unique and was advised by Mr.
Bluhm it is the first of its kind on a City street, but has been used in condominium developments.
Mr. J. McBride advised that the inclusion of these 18 parking spaces in a condominium addresses
staff's operational concerns.
Mr. G. Scheels, GSP Group, was in attendance on behalf of the subdivider, Prosperity
Developments Inc., advising the Committee that the project implements the zoning by-law and is a
form of development that meets the market needs in this area. He met with staff and looked at a
range of options, resulting in the compromise outlined in the staff report. The parking lot will be a
condominium owned by the 92 unit owners. Parking spaces on this street will include 92 garages,
92 driveways, 5 on-street parking spaces and these 18 spaces, as well as on-street parking on
Rittenhouse Road.
Councillor M. Galloway advised he has spoken with staff and GSP Group, and he is satisfied the
issues have been resolved. Our master plan is looking for density in this area, and the proposal
fulfils the density requirements.
On motion by Councillor M. Galloway -
itwas resolved:
"That the following recommendation not be considered by City Council until such time as
the subdivider has verified that sufficient sanitary capacity is available to service the
proposed development, to the satisfaction of the City's Director of Engineering:
`That Zone Change Application ZC 06/03/R/CB, initiated by the City of Kitchener, to change
the zoning on the subject lands, by modifying Special Use Provision 3420 on lands legally
described as Plan 1416 Block A, more particularly described as part of Part 1 and Part 2,
Plan 58R-2575, in the City of Kitchener, be approved, in the form shown in the attached
"Proposed By-law", dated February 6, 2006; 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 2002-64, grant draft approval to Plan of
Subdivision Application 30T-05206, in the City of Kitchener, for Prosperity Developments
Inc., subject to the conditions outlined in Development and Technical Services Department
report DTS-06-013, subject to the following changes:
That a new condition 6.19 be added under section 2.1.6 SPECIAL CONDITIONS IN
ADDITION TO STANDARD CONDITIONS -Other Time Frames, as follows:
"6.19 That the Subdivider irrevocably direct its solicitors and surveyors to register a Plan
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
MARCH 27, 2006 - 32- CITY OF KITCHENER
4. DTS-06-013 - DRAFT PLAN OF SUBDIVISION APPLICATION 30T-05206 - RITTENHOUSE
ROAD - COUNTRY HILLS WEST COMMUNITY -PROSPERITY
DEVELOPMENTS INC. AND CITY-INITIATED ZONE CHANGE ZC 06I03IRICB
-AND-
DTS-06-061 - CONDOMINIUM VS. SUBDIVISION CONSIDERATIONS - RITTENHOUSE
ROAD tCONT'D)
of Condominium as referred to in condition 2.2.13, immediately after the registration
of Plan of Subdivision 30T-05206 and prior to any interest in any lot or block
created by the plan of subdivision being conveyed or the subject of a charge to third
parties. Any conveyance or charge/mortgage of any interest therein made after the
registration (other than those which may have existed prior to the registration of the
Plan of Subdivision) of Plan of Subdivision 30T-05206 and prior to the registration of
the Plan of Condominium is null and void and of no effect. Anyone who purports to
acquire any interest in any one or more of the said lots or blocks after the
registration of the Plan of Subdivision 30T-05206 and prior to the registration of the
Plan of Condominium is bound as successor in title to the Subdivider and consents
to the registration of the Plan of Condominium and inclusion of such lot as a parcel
of tied land, in said condominium; and,
That under Section 2.2 ADDITIONAL CONDITIONS TO BE FULFILLED PRIOR TO
REGISTRATION, condition 13 become condition 14, and a new condition 13 be added as
follows:
`13. The SUBDIVIDER shall submit an application for Draft Plan of Condominium to the
City's Planning Division, and receive draft approval from the City's Director of
Planning for Block 18, as a common elements condominium for 18 parking spaces
to be owned, operated, and maintained by a condominium corporation. The parcels
of tied land shall be Blocks 1 to 16.' "
Councillor G. Lorentz directed staff to provide a report in one year on how well this parking design
has worked, from an operational/maintenance perspective.
5. DTS-06-041 - VOISIN GREENWAY REHABILITATION ENVIRONMENTAL ASSESSMENT
The Committee considered Development and Technical Services Department report DTS-06-041,
dated March 6, 2006, recommending the Voisin Greenway Rehabilitation Municipal Class
Environmental Assessment Study report be accepted. Mr. Shames reviewed the report for the
Committee's benefit.
Councillor Lorentz directed that following the implementation of the study's recommendations, an
annual inspection and maintenance be undertaken to ensure any problems that may arise are
addressed in a timely fashion.
On motion by Councillor G. Lorentz -
It was resolved:
"That the recommendations of the Voisin Greenway Rehabilitation (Stirling Avenue to the
Conestoga Parkway) Municipal Class Environmental Assessment Study Report be
accepted; and,
That the said Class Environmental Assessment Report be submitted to the Ontario Ministry
of Environment for the mandatory 30 day review period as required by the Environmental
Assessment Act; and further,
That following the 30 day mandatory review period and Ontario Ministry of Environment
acceptance of the study, implementation of the recommendations in the Study be
implemented."
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
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6. DTS-06-042 -SOLE SOURCING 2006 PAVEMENT MANAGEMENT DATA COLLECTION
UPDATE
The Committee considered Development and Technical Services Department report DTS-06-042,
dated March 7, 2006, recommending that the consultant selection process be waived, and that
Stantec Consulting be engaged to complete the 2006 pavement condition update. Mr. Shames
explained that Stantec consulting developed the software used for pavement management, and it
is now recognized as the industry standard. He also advised that the City of Kitchener is
partnering with the Cities of Cambridge and Waterloo to get a better price.
On motion by Mayor C. Zehr -
It was resolved:
"That the consultant selection process be waived and Stantec Consulting be hired to
complete the 2006 pavement conditions update."
7. DTS-06-060 -FAIRWAY ROAD EXTENSION BRIDGE DESIGN
The Committee considered Development and Technical Services Department report DTS-06-060,
dated March 22, 2006, recommending Alternative 2, contained in Appendix A of the Region's
Transportation and Environmental Services report E-06-005, as the bridge design to be chosen for
the bridge crossing of the Grand River.
Mr. J. McBride advised that 7 design options were considered for the bridge across the Grand
River, with several matters being considered: capital cost, aesthetics, the number of piers, and
environmental considerations. Of the 7 options, 3 were shortlisted, and these 7 options and 3
preferences were put forward to the public. Of the 80 written public comments received by the
Region, 67.5% of the responses preferred the girder type bridge, being Alternatives 1 and 2.
Further, The Record ran extensive articles on the various bridge designs and invited readers to
pick their favourite. Of the 640 responses received by The Record, 24% chose Alternative 1, and
44% chose Alternative 2. Mr. McBride noted there will be no direct cost to the City for this bridge;
which the Region anticipates will be constructed in 2008-2009.
Councillor Vrbanovic noted that Alternative 2 has a majority of support, and there has been a
discussion with respect to a more aesthetically pleasing bridge. He also advised he is bringing
forward a motion concerning the design for a new Highway 8 bridge.
On motion by Councillor B. Vrbanovic -
itwas resolved:
"That the Regional Municipality of Waterloo be advised that the City of Kitchener supports
Alternative 2 for the Fairway Road Extension Bridge to cross the Grand River, being the
medium to long span girder bridge design, as contained in Appendix A of Transportation
and Environmental Services report E-06-005."
On motion by Councillor B. Vrbanovic -
itwas resolved:
"That the Regional Municipality be requested to consider working with the province to
develop a more aesthetic looking bridge on Highway 8, at the entranceway to
Kitchener/Waterloo and the townships, when the province widens the said bridge."
$. DTS-06-04$ - ENVIRONMENTAL REMEDIATION - 295 JOSEPH STREET - BRAMM STREET
OPERATIONS CENTRE AND 72 VICTORIA STREET SOUTH PARKING LOT
The Committee considered Development and Technical Services Department report DTS - 06 -
048, dated March 17, 2006, recommending Remedial Action Plan (Option 2) for the environmental
remediation of gasoline related contamination in the soil and groundwater at the Bramm Street
Operations centre and parking lot at 72 Victoria Street South on a without prejudice basis.
Mr. J. Witmer reviewed the report for the Committee's benefit, noting that the environmental
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
MARCH 27, 2006 - 34- CITY OF KITCHENER
$. DTS-06-04$ - ENVIRONMENTAL REMEDIATION - 295 JOSEPH STREET - BRAMM STREET
OPERATIONS CENTRE AND 72 VICTORIA STREET SOUTH PARKING LOT
tCONT'D)
problem at 72 Victoria Street South is coming from the City's property. He noted the problem may
have resulted from a former gas refuelling station on this site. The owners of 72 Victoria Street
South are supportive of option 2, as doing this work otherwise will create a parking problem for
them. He also advised that some of the work can be done by City staff, and due to the change of
seasons, there is only a small window of opportunity to have City staff do this work.
On motion by Mayor C. Zehr -
itwas resolved:
"That the Remedial Action Plan (Option 2), as outlined in Development and Technical
Services department report DTS-06-048, be approved at an upset limit of $300,000, for the
environmental remediation of gasoline related contamination in the soil and groundwater at
the Bramm Street Operations Centre and the parking lot at 72 Victoria Street South, on a without
prejudice basis; and,
That the Mayor and Clerk be authorized to sign an Access and Indemnity Agreement with
the registered owner of 72 Victoria Street South, satisfactory to the City Solicitor, for the
purpose of conducting bio-remediation work thereon to complete the Workplan; and further,
That Frontline Environmental Management Inc. be retained to manage the environmental
remediation for this project, notwithstanding Chapter 710 (Purchasing) of the City of
Kitchener Municipal Code."
9. DTS-06-040 -ZONE CHANGE APPLICATION ZC 06I02ILIAP - 232 LAWRENCE AVENUE
124$975 ONTARIO INC.
The Committee considered Development and Technical Services Department report DTS-06-040,
recommending a change in the zoning of 232 Lawrence Avenue which will revise the special use
provision applying to this land so that only a Health Office will be permitted on the land. Ms. D.
Ross reviewed the report recommending approval of this minor zone change.
On motion by Councillor B. Vrbanovic -
itwas resolved:
"That Zone Change Application ZC 06/02/UAP, 1248975 Ontario Inc. to change the
zoning on the subject land at 232 Lawrence Avenue from Existing Use Zone (E-1) with
Special Use Provision 261 U to Existing Use Zone (E-1) with revised Sepcial Use Provision
261 U, on lands legally described as Lot 65, Plan 786 in the City of Kitchener, be approved,
in the form shown in the "Proposed By-law" dated February 24, 2006, attached to
Development and Technical Services department report DTS-06-040, without conditions."
10. DTS-06-047 - UPGRADING HIGHWAY 7l$ FROM FISCHER HALLMAN ROAD TO
COURTLAND AVENUE
The Committee considered Development and Technical Services Department report DTS-06-047,
providing an update on the Ministry of Transportation's process for rehabilitation of Highway 7/8
between Fischer Hallman Road and Courtland Avenue. As part of this process, recommendations
for noise barriers will be included.
Councillor Lorentz questioned how the Ministry decides where noise barriers are to be located,
noting he has had many complaints from residents on Glen Lake Crescent, Glen Avon Crescent,
and Avalon Place, respecting noise form Highway 7/8. He directed staff to correspond with the
MTO requesting they test noise levels on these roads, and install noise attenuation barriers.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
MARCH 27, 2006 - 35- CITY OF KITCHENER
10. DTS-06-047 - UPGRADING HIGHWAY 7l$ FROM FISCHER HALLMAN ROAD TO
COURTLAND AVENUE tCONT'D)
On motion by Councillor G. Lorentz -
itwas resolved:
"That staff correspond with the Ministry of Transportation of Ontario to request they
measure noise levels on Glen Lake Crescent, Glen Avon Crescent and Avalon Place, for
noise coming from Highway 7/8, and request they take appropriate action to eliminate the
noise from Highway 7/8 to those residential streets."
11. ADJOURNMENT
On motion, the meeting adjourned at 7:37 p.m.
D. Gilchrist
Committee Administrator