HomeMy WebLinkAboutDev & Tech Svcs - 2006-08-21DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
AUGUST 21, 2006 CITY OF KITCHENER
The Development and Technical Services Committee met this date, commencing at 6:35 p.m.
Present: Councillor C. Weylie -Chair
Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, J. Gazzola and M. Galloway.
Staff: C. Ladd, Chief Administrative Officer
T. Speck, General Manager of Corporate Services
J. Witmer, Director of Building Services
J. Willmer, Director of Planning
F. McCrea, Assistant City Solicitor
L. Lynch, Manager of Engineering Infrastructure
T. Beckett, Deputy Fire Chief
C. Bluhm, Planner
N. DeRuyter, Student Planner
S. Mitha, Student Planner
D. Gilchrist, Committee Administrator
1. DTS-06-116 - ACTIVA AVENUE & MAX BECKER DRIVE
- TRAFFIC CONTROL
The Committee considered Development and Technical Services Department report DTS-06-
116, dated July 13, 2006, regarding traffic control at the intersection of Activa Avenue and Max
Becker Drive.
On motion by Councillor J. Smola -
it was resolved:
"That the Uniform Traffic By-Law be amended to include all-way stops at the following
intersections:
• Activa Avenue and Max Becker Drive,
• Max Becker Drive and Activa Avenue/Lemonbalm Street,
• Activa Avenue and David Bergey Drive,
• Max Becker Drive and Commonwealth Street; and,
• Activa Avenue and Donnenwerth Drive."
2. DTS-06-126 - KING STREET EAST BETWEEN STIRLING AVENUE & MADISON AVENUE
ON-STREET PARKING
The Committee considered Development and Technical Services Department report DTS-06-
126, dated August 9, 2006, regarding on-street parking on King Street East.
On motion by Councillor J. Smola -
it was resolved:
"That the Uniform Traffic By-law be amended:
(a) to permit on-street parking for two (2) consecutive hours from 8:00 a.m. to 6:00
p.m., Monday -Saturday on the south side of King Street East from a point 25
metres east of Madison Avenue South to a point 12 metres east thereof; and,
(b) to permit on-street parking for two (2) consecutive hours from 8:00 a.m. to 6:00
p.m., Monday -Saturday on the south side of King Street East from a point 10
metres east of Pandora Avenue South to a point 25 metres east thereof; and,
(c) to prohibit on-street parking at any time on north side of King Street East from
Stirling Avenue North to a point 40 metres west of Pandora Avenue North."
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
AUGUST 21, 2006 - 62- CITY OF KITCHENER
3. DTS-06-127 - PARK STREET RAILWAY BRIDGE -PROHIBITING HEAVY TRUCKS
The Committee considered Development and Technical Services Department report DTS-06-
127, dated August 10, 2006, regarding prohibiting heavy trucks on Park Street between Victoria
Street South and Union Boulevard.
On motion by Councillor J. Smola -
it was resolved:
"That the Uniform Traffic By-law be amended to prohibit heavy trucks at all times on Park
Street between Victoria Street South and Union Boulevard, and further;
That Transportation Planning, in conjunction with the Region of Waterloo Traffic Services
Section, further increase the regulatory and advisory signing, on both Park Street and
Victoria Street South, of the reduced clearance under the Park Street overpass."
4. DTS-06-123 - HELP DESIGN DOWNTOWN KITCHENER -SURVEY RESULTS
The Committee considered Development and Technical Services Department report DTS-06-
123, dated August 7, 2006, regarding survey results on `Help Design Downtown Kitchener'.
Mr. C. Bluhm presented the results of the consultation process staff undertook between May 8
and July 16, 2006, to gain public input on urban design matters for Downtown Kitchener. He
advised of the various methods the public could use to participate in the consultation process,
noting that 784 surveys were received. From this point, Mr. Bluhm advised staff will use the
information collected to draft municipal plan policies for the public's and council's consideration.
Committee members congratulated staff on the methods used for this public consultation
process, particularly with respect to the computer generated visual representations. Mr. Bluhm
advised that these colour representations of the various design possibilities are available on the
City's web site, and they will be provided to all who participated in the survey.
Councillor Gazzola noted the number of respondents who want more outdoor patios and street
life, questioning how our weather and seasons will be taken into consideration. Mr. Bluhm
responded that in addition to outdoor patios, such things as canopies at the front of buildings will
still make walking Downtown more enjoyable during inclement weather.
On motion by Councillor B. Vrbanovic -
it was resolved:
"That Development and Technical Services Department report DTS-06-123 titled "Help
Design Downtown Kitchener -Survey Results" be received for information purposes, and
the results be used to inform future Downtown initiatives such as new Municipal Plan
policies, urban design guidelines, engineering project designs, and Economic
Development projects."
Recess & Reconvene
The meeting recessed at 7:03 p.m. and reconvened at 7:06 p.m. with the following members present:
Mayor C. Zehr and Councillors C. Weylie, M. Galloway, J. Gazzola, B. Vrbanovic and J. Smola.
5. DTS-06-125 - MUNICIPAL PLAN AMENDMENT APPLICATION MP 02I03IC/BS
- ZONE CHANGE APPLICATION ZC 02I04IC/BS
- PLAN OF SUBDIVISION MODIFICATION 30T-$6035
- FALLOWFIELD DRIVE -COUNTRY HILLS EAST
- DREWLO HOLDINGS INC.
The Committee considered Development and Technical Services Department report DTS-06-
125, dated August 8, 2006, regarding Municipal Plan Amendment Application MP 02/03/C/BS,
Plan of Subdivision Modification 30T-96035 and Zone Change Application ZC 02/04/C/BS to
change the zoning on the subject lands located on Fallowfield Drive.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
AUGUST 21, 2006 - 63- CITY OF KITCHENER
5. DTS-06-125 - MUNICIPAL PLAN AMENDMENT APPLICATION MP 02I03ICIBS tCONT'D)
Councillor C. Weylie, Chair, read the following statement:
This is a Public Meeting under 'The Planning Act, 1996' to consider Municipal Plan
Amendment Application MP 02/03/C/BS
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 August 28, 2006. 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.
Councillor Gazzola stated that he will be requesting a deferral of this staff recommendation to
next Monday night's Council meeting.
Mr. Willmer reviewed the staff report, and displayed a plan of the area. He noted that many of
the streets have already been constructed, as the first 2 stages of this subdivision have already
been registered. Part of the modifications include a Municipal Plan amendment and zone
change to permit apartments up to 12 storeys in height instead of the current 8 storey maximum.
The applications also include the conservation of significant areas of vegetation, and include a
park of 4 acres which connects to other open space. There will also be a small parkette. The
large park was typical for its time, when the plan of subdivision was first considered in 1992, as a
passive space. Now the developer has agreed to include a playground. There will be a berm for
noise protection, and arrangements have been made to place playground equipment on the
berm. The park/open space blocks are proposed to be dedicated to the City immediately after
the developer has executed the supplementary subdivision agreement, and the park design and
construction is to be completed no later than one year after that date. Through this parkland
process the entire woodlot is to be conserved. Mr. Willmer then advised that a new condition,
#85, is to be added regarding the need for crosswalks and traffic control at the intersection of
Fallowfield Drive and Brisbane Drive, across from the new location of the neighbourhood park.
The traffic controls will be a 3-way stop, and an improved pedestrian crossing. Mr. Willmer
explained this plan was draft approved many years ago, and it is only because the developer
has requested modifications that the City has had the opportunity to negotiate these
improvements.
Councillor Vrbanovic questioned whether there will be sight line issues in the park even though
the playground equipment will be placed on the berm. Mr. Willmer advised these issues are
being addressed. He noted there will be a break in the berm, and there are recommendations
for lighting. Also, the orientation and height of the adjacent buildings will allow for "eyes on the
park". Councillor Vrbanovic stated he wants CPTED issues addressed before this matter comes
to Council next Monday night.
Mr. P. Chauvin, MHBC Planning, was in attendance on behalf of Drewlo Holdings, in support of
the staff report and recommendation. He advised that the amendment is to increase the height
of the multiple block, it will recognize and allow for the realignment of Blockline Road, and will
secure a large amount of land under public ownership.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
AUGUST 21, 2006 - 64- CITY OF KITCHENER
5. DTS-06-125 - MUNICIPAL PLAN AMENDMENT APPLICATION MP 02I03IC/BS tCONT'D)
Mr. Z. Janecki, Planning Consultant, was in attendance on behalf of DGF Investments to request
that the Committee defer its consideration of these applications. He advised that Drewlo
Holdings has filed an appeal of the approval of applications for adjacent lands owned by DGF
Investments, and the solicitors for both parties are working hard to resolve issues. Agreements
are to be signed between the 2 parties, which DGF has signed but Drewlo has not. DGF has a
concern about Council's approval of these Drewlo applications as they relate to DGF lands.
Mr. Janecki referred to "Community Input" at the bottom of page 6 in the staff report noting that
the final step referred to hasn't happened. Further, page 9 of the staff report refers to financial
implications for the "developers". He has a concern with this statement as "developers" includes
DGF Investments, who has no idea what these costs will be. This will have an effect on Drewlo
signing the agreement. He requested deferral of the recommendation in this staff report until the
agreement between the 2 parties is signed.
Councillor Vrbanovic questioned the relevance of the Ontario Municipal Board appeal to the
applications currently before this Committee. Mr. Janecki advised that the agreement deals with
servicing and traffic issues which tie these properties and applications together, and there are
related costs. The two parties are now negotiating a servicing agreement to resolve these
issues. He advised that once the agreement is signed it will go to the OMB, as these issues are
the subject of the appeal.
Mr. D. Feltham, DGF Investments, advised that the City will be a signatory to the site servicing
agreement. They are developing a 12 point agreement with Drewlo which will include servicing,
and it also includes a street which will ultimately be transferred to the City. He stated they are in
attendance tonight to protect themselves.
Mayor Zehr requested advice from staff on the City's relationship to the appeal and agreement.
Ms. McCrea advised the City is party to the sewage capacity agreement which has already been
approved by Council. The other agreement is between the 2 parties, and Ms. McCrea advised
she has no knowledge of its contents.
On motion by Councillor J. Gazzola -
it was resolved:
That final consideration of the following recommendation from Development and Technical
Services Department report DTS-06-125 (Municipal Plan Amendment Application MP
02/03/C/BS, Zone Change Application ZC 02/04/C/BS, Plan of Subdivision Modification 30T-
86035 - Fallowfield Drive -Country Hills East -Drewlo Holdings Inc.), be deferred and
referred to the Council meeting of August 28. 2006:
"That the recommendations for the modifications to Plan of Subdivision 30T-86035,
Municipal Plan Amendment MP 02/03/C/BS and Zone Change Application ZC
02/04/C/BS as contained in Appendix A to Development and Technical Services
Department report DTS-06-125, be approved."
6. DTS-06-124 - DRAFT DOWNTOWN DESIGN POLICIES
The Committee considered Development and Technical Services Department report DTS-06-
124, dated August 16, 2006 regarding draft downtown design policies.
Mr. J. Willmer reviewed the draft design-based Municipal Plan policies, resulting from the public
consultation process reviewed earlier in this meeting, as outlined in the staff report. Mr. Willlmer
advised that administrative and on-street parking policies will not be included in the first
consultation.
Councillor Vrbanovic questioned whether staff has reviewed administrative policies used by
other municipalities in implementing design policies in their downtown areas. Mr. Bluhm advised
that municipalities that have been successful in achieving well designed and functioning
downtowns have used a "hard sell" approach rather than "soft sell".
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
AUGUST 21, 2006 - 65- CITY OF KITCHENER
6. DTS-06-124 - DRAFT DOWNTOWN DESIGN POLICIES tCONT'D)
Mayor Zehr commented on a conference he recently attended in Chicago noting that the
Mayor's Office in Chicago has a division mandated to look after the greening of the city. He
stated that some stronger pushes will be necessary, and this is the opportunity to be firmer on
requirements.
Upon questioning by Councillor Gazzola, Mr. Willmer advised that the design-based Municipal
Plan policies will be in place by the end of this year. Further, these policies are being
incorporated into the request for proposal for the Centre Block.
On motion by Councillor B. Vrbanovic -
it was resolved:
"That the `draft' design-based Municipal Plan policies for Downtown Kitchener be
received, and staff undertake public consultation, commencing September 8, 2006, on
the proposed policies, with the intention of holding a formal public meeting at the October
2, 2006 Development and Technical Services Committee meeting."
7. DTS-06-121 - ZONE CHANGE APPLICATION ZC 06I07ICIRM
- 27 CARISBROOK DRIVE
- JIM & SUSAN ROBERTS
The Committee considered Development and Technical Services Department report DTS-06-
121, dated July 26, 2006, regarding Zone Change Application ZC 06/07/C/RM to change the
zoning on the subject lands located at 27 Carisbrook Drive. Mr. N. DeRuyter, Student Planner,
reviewed the staff report for the Committee's benefit.
On motion by Councillor J. Smola -
it was resolved:
"That Zone Change Application ZC/06/07/C/RM requesting a change from Agricultural
Zone (A-1) and Agricultural Zone (A-1) with a special Regulation (1 R) to Residential
Three Zone (R-3) with special Regulations (1 R and 446R) and Hazard Land Zone (P-3)
on lands legally described as German Company Tract Part Lots 59 & 60 subject to
R.O.W. (Jim and Susan Roberts, 27 Carisbrook Drive) in the City of Kitchener, be
approved, in the form shown in the "Proposed By-Law", dated July 26, 2006 attached to
Development and Technical Services Department report DTS-06-121."
8. DTS-06-122 - ZONE CHANGE APPLICATION ZC 06I0$ISIRM
- 219 SIXTH AVENUE
- HENRYK SOCZINSKI
The Committee considered Development and Technical Services Department report DTS-06-
122, dated July 31, 2006, regarding Zone Change Application ZC 06/08/S/RM to change the
zoning on the subject lands located at 219 Sixth Avenue. Ms. S. Mitha, Student Planner,
presented the staff report.
On motion by Councillor J. Gazzola -
it was resolved:
"That Zone Change Application ZC/06/08/S/RM requesting a change from Residential
Five (R-5) Zone to Residential Five (R-5) Zone with a Special Regulation Provision 445R
on lands legally described as Plan 918 Lot 1 (Henryk Soczinski, 219 Sixth Ave) in the City
of Kitchener, be approved, in the form as shown in the "Proposed By-Law", dated July 26,
2006 attached to Development and Technical Services Department report DTS-06-122."
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
AUGUST 21, 2006 - 66- CITY OF KITCHENER
9. DTS-06-117 - ZONE CHANGE APPLICATION ZC 06I16ICOKISR
- CITY INITIATED "HOUSEKEEPING" AMENDMENTS TO ZONING BY-LAW
$5-1
The Committee considered Development and Technical Services Department report DTS-06-
117, dated July 26, 2006, regarding Zone Change Application ZC 06/16/COK/SR City-Initiated
"Housekeeping" Amendments to Zoning By-law 85-1.
Mr. Willmer reviewed the 15 points to be included in this housekeeping by-law, as outlined in the
staff report. There is one contentious item in this by-law dealing with the maximum permitted
width for garages attached to semi-detached dwellings and street townhouse dwellings. Mr.
Willmer explained that in the year 2000, staff proposed a by-law amendment, subsequently
adopted by Council, to regulate the width of attached garages in front of single family dwellings.
The reason for the restriction was that the garages on small lot singles were being built the full
width of the houses, and it was becoming difficult to locate the front doors. The prominence
given to garages at the front of these houses was creating an unfavourable streetscape. At the
time this by-law amendment was being proposed, staff met with the Home Builders Association
to discuss the by-law change. Since this by-law change was adopted, these projecting double
garages have now been placed on the front of semi-detached dwellings and street fronting
townhouses. This is a serious concern to staff because when you are a pedestrian, the
streetscape is a wall of garages.
Staff have again met with the Home Builders Association, and their area of concern is the fact
that a garage for a single detached dwelling can be 70% of the width of the building; however,
for semi-detached dwellings, staff are recommending a garage width of no more than 60% of the
width of the building. The Home Builders Association is also looking for transitional provisions
for this new requirement, for purchasers and vendors who have agreements. He suggested
some options, including: implementing this by-law change for plans of subdivision registered
after next Monday night's Council meeting; or make this new regulation effective in 3-4 months.
Mr. Willmer stated that given the effect of these garages on the streetscape, staff would support
making this regulation effective immediately.
Councillor Vrbanovic questioned point #12 in the staff report respecting airport related height
restrictions. He questioned whether there is still some reference to Transport Canada
regulations in our documentation. Mr. Willmer responded that the Transport Canada regulations
are included in the City's mapping, and most of the land affected by these regulations is
business park land. Further, the City's Building staff are aware of these regulations. Councillor
Vrbanovic stated that it would be beneficial to have something in writing in the by-law to
reference the Transport Canada regulations. Mr. Willmer advised the simplest way to do that
would be not to amend the by-law.
Mayor Zehr referred to the by-law restriction for the garages, suggesting a transition period, but
unsure of what length of time would be appropriate. He questioned how many lots would be
affected by this change over a 6 month period. He stated he did not want to cause a financial
hardship to anyone who has an agreement with a developer.
Mr. Synden of Eastforest Homes and the Home Builders Association, advised he is concerned
about commitments already made to purchasers. He stated that they currently have 70 lots in
inventory that would be affected by this new regulation, plus 6 lots in a draft plan of subdivision
which will soon be registered. He stated that the builders are playing by the rules and they have
to create what people want to buy. He requested a grace period for implementing this new
regulation. He suggested a 6 month grace period.
Mayor Zehr stated this style of housing causes real safety concerns, and will become a real
problem in the future. He suggested there has to be some community responsibility. He
questioned the possibility of a clause that would make all subdivisions registered to date exempt
from this provision; however, subdivisions registered after Monday night would have to comply.
Mr. Synden advised Eastforest Homes has 70 lots registered at this time that would be affected
by this amendment, but not all of them are sold. However, they have spent a lot of money on
advertising, marketing and models. It may be possible to make architectural changes, but he felt
it was unfair to make this change at this point in time.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
AUGUST 21, 2006 - 67- CITY OF KITCHENER
9. DTS-06-117 - ZONE CHANGE APPLICATION ZC 06I16ICOKISR tCONT'D)
Councillor Vrbanovic stated this is not the kind of development we want in the City of Kitchener.
It may not be right to put an immediate stop to these garages next Monday night, but there must
be a limitation. He directed staff to consider and recommend an implementation date at next
Monday night's Council meeting.
On motion by Councillor B. Vrbanovic -
it was resolved:
"That Zone Change Application ZC 06/16/COK/SR (Housekeeping By-law), representing
comprehensive changes to Zoning By-law 85-1 be approved, as recommended in
Development and Technical Services Department report DTS-06-117, except for the
following:
(a) That special regulation 31 R, regarding an airport related height restriction in the
Victoria Street North, Centennial Drive, Shirley Avenue area of the City not be
removed from By-law 85-1; and,
(b) That consideration of a time line for imposing regulations for widths and projections
for attached garages on semi-detached and street townhouse dwellings be
deferred and referred to the Council meeting of August 28, 2006. "
10. DTS-06-131 - 911 ADVISORY COMMITTEE - ADITIONAL FUNDING
Mr. T. Beckett presented an information report to the Committee concerning additional funding
provided to the 911 Advisory Committee, which report was not listed on the agenda.
11. ADJOURNMENT
On motion, the meeting adjourned at 8:56 p.m.
D. Gilchrist
Committee Administrator