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HomeMy WebLinkAboutDev & Tech Svcs - 2006-04-10DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 10, 2006 CITY OF KITCHENER The Development and Technical Services Committee met this date, commencing at 5:40 p.m. Present: Councillor C. Weylie -Chair Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, J. Gazzola, G. Lorentz and M. Galloway. Staff: C. Ladd, Chief Administrative Officer R. Browning, General Manager of Development & Technical Services & Fire Chief A. Pappert, General Manager of Community Services T. Beckett, Deputy Fire Chief S. Turner, Director of Enforcement F. McCrea, Assistant City Solicitor R. Shamess, Director of Engineering Services B. Sloan, Planner J. Willmer, Director of Planning G. MacDuff, Manager of Development Engineering R. Gosse, Committee Administrator 1. DTS-06-028 - ROAD WIDENING - 48 IRVIN STREET The Committee considered Development and Technical Services Department report DTS-06- 028, dated March 28, 2006, recommending the closure of a portion of Irvin Street that was taken as a road widening as part of zone change application ZC 91/19/UJW. On motion by Councillor J. Smola - itwas resolved: "That the closure of a portion of Irvin Street, namely, Part 1 on Reference Plan 58R-8232 that was taken as a road widening as part of Zone Change Application 9111911/JW be approved, and that Legal Services be instructed to proceed with the preparation of the by- law, the necessary advertising in the newspaper, the conveyance of the said portion of Irvin St to the registered owner of 48 Irvin Street at no cost to the registered owner; and further, That during the next update of the City's Official Plan, Appendix D be revised to remove the requirement fora 20 metre right of way on Irvin Street." 2. DTS-06-049 - OPEN AIR BURNING BY-LAW The Committee considered Development and Technical Services Department report DTS-06- 049, dated March 23, 2006, recommending a by-law to regulate the setting of open air fires. Mr. T. Beckett advised that the Fire Department has limited ability to deal with open air burning situations when it does not involve safety issues with respect to a building. Mr. Beckett added that the Fire Department responds annually to approximately 250 open air burning complaints which tend to involve smoke migration from the fire to the neighbours house or yard which becomes a nuisance issue rather than a safety concern. Staff from Legal, Fire and By-law Enforcement Services is proposing a by-law which would regulate open air fires and allow the Fire Department or By-law staff to deal with nuisance situations. In answer to questions from the Committee, Mr. Beckett advised that open air burning would be permitted in the City but regulated through the proposed by-law and the fire permit application process. He further advised that outdoor fireplaces including chimineas would be permitted provided they are utilized within the limits provided for in the proposed by-law. Mayor C. Zehr raised a concern that the by-law may restrict the use of open air fires on construction sites. Mr. Beckett advised that currently the City prohibits open air fires on construction sites due to unprotected buildings and the ease of a fire spreading rapidly. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 10, 2006 - 37- CITY OF KITCHENER 2. DTS-06-049 - OPEN AIR BURNING BY-LAW (CONT'D) On motion by Councillor G. Lorentz - itwas resolved: "That a By-law to regulate the setting of open air fires as attached to Development and Technical Services Report DTS-06-049 be adopted." 3. DTS-06-068 - PLAN OF SUBDIVISION 30T-98204 (WOODHURST COURT) - EXEMPTION FROM COUNCIL POLICY I-1120 (SIDEWALKS) The Committee considered Development and Technical Services Department report DTS-06- 068, dated March 29, 2006, regarding an exemption from Council Policy I-1120 (sidewalks) for Plan of Subdivision 30T-98204 (Woodhurst Court). Mr. R. Shamess advised that the subdivider for Plan of Subdivision 30T-98204 (Woodhurst Court) has had to raise the elevation of the subject site in order to connect with the existing sanitary sewer. The grade change now necessary to service these lands has resulted in steep grade transitions along sections of the planned sidewalks which may pose a risk to the public. Mr. Shamess further advised that the subdivider, Lotco Ltd., has requested exemption from Council Policy I-1120 (sidewalks) removing the requirement to have sidewalks installed in the boulevard location across the front of the lots and to install sidewalks along Westforest Trail and through the road island to the top of the court. Mr. G. MacDuff advised that with respect to maintaining the sidewalk the residents who will occupy the homes could request that the City undertake the maintenance. Mr. MacDuff suggested that the subdivider could be requested to provide a letter of credit for the future maintenance. Councillor B. Vrbanovic suggested that the developer be required to pay cash in lieu of the sidewalks in order to cover any future costs to the City with respect to the proposed sidewalk for the road island. Councillor C. Weylie suggested that a letter of credit be required equalling the cost of the sidewalks that would have been installed, to cover costs of whatever the residents may require with respect to the road island. Mr. Kelly Cobbe, IBI Consultants, attended on behalf of the developer advising that his client would not object to the suggested letter of credit. On motion by Councillor G. Lorentz - itwas resolved: "That the standard sidewalk requirement for Plan of Subdivision 30T-98204 (Woodhurst Court), be waived in favour of a modified sidewalk location as set out in Development and Technical Services Report DTS-06-068, dated March 29, 2006; and, That the subdivider provide a Letter of Credit (LC) equal to the difference in costs between the modified sidewalk installation and the cost of installing a required sidewalk in the normal boulevard location across the front of the lots on Woodhurst Court; and further, That the LC is to be applied to a use that is agreed upon between the new residential owners of the lots on the Court and the City." 4. DTS-06-069 - DIRECTION TO PROCEED WITH DEVELOPMENT APPLICATIONS - WEBER SUPPLY INC. LANDS - 675 QUEEN STREET AND 48 WOODSIDE AVENUE The Committee considered Development and Technical Services Department report DTS-06- 069, dated April 5, 2006, recommending the initiation of development applications on lands owned by Weber Supply Inc., at 675 Queen Street and 48 Woodside Avenue. Mr. B. Sloan advised that the area of Queen Street South and Woodside Avenue which includes lands owned by Weber Supply Inc., is an area of transition in land use especially considering the proposed townhouse development at 52 and 90 Woodside Avenue. Mr. Sloan added that the DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES APRIL 10, 2006 - 38- CITY OF KITCHENER 4. DTS-06-069 - DIRECTION TO PROCEED WITH DEVELOPMENT APPLICATIONS - WEBER SUPPLY INC. LANDS - 675 QUEEN STREET AND 48 WOODSIDE AVENUE (CONT'D) current designation of the Weber Supply lands is general industrial but the owner has agreed to the City initiating zone change and potential municipal plan amendments with the intent to permit commercial uses such as retail, office, studio and personal services. Mr. Sloan added that the proposed land use changes would be more compatible with the surrounding neighbourhood. On motion by Councillor G. Lorentz - itwas resolved: "That staff proceed with initiating development applications (City-initiated Zone Change and potential Municipal Plan Amendment), on lands owned by Weber Supply Inc. and municipally known as 675 Queen Street S. and 48 Woodside Avenue with the intent to consider removing heavier industrial uses and the addition of business office, retail and other appropriate uses along with consideration of the future use of an approximately 10.62m wide portion of land at the current westerly limit of the adjacent property (municipally known as part of 52 Woodside Avenue); and further, That staff bring forward the appropriate amendments for the consideration of Council." 5. ADJOURNMENT On motion, the meeting adjourned at 6:04 p.m. R. Gosse Committee Administrator