HomeMy WebLinkAboutDev & Tech Svcs - 2006-11-20DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
NOVEMBER 20, 2006 CITY OF KITCHENER
The Development and Technical Services Committee met this date, commencing at 7:03 p.m.
Present: Councillor C. Weylie -Chair
Mayor C. Zehr and Councillors M. Galloway, B. Vrbanovic, G. Lorentz, J. Smola and J.
Gazzola
Staff: C. Ladd, Chief Administrative Officer
R. Browning, General Manager of Development & Technical Services & Fire Chief
F. McCrea, Assistant City Solicitor
D. Mansell, Director of Engineering Services
J. Willmer, Director of Planning
J. McBride, Director of Transportation Planning
M. Selling, Manager of Building and Acting Chief Building Official
L. Bensason, Heritage Planner
J. Bannon, Planner
C. Bluhm, Urban Investment Advisor
D. Gilchrist, Committee Administrator
1. DTS-06-170 - PROSPERITY DRIVE
- ON-STREET PARKING
The Committee considered Development and Technical Services Department report DTS-06-
170, dated November 3, 2006, regarding on-street parking on Prosperity Drive.
On motion by Councillor B. Vrbanovic -
it was resolved:
"That the Uniform Traffic By-law be amended to prohibit parking on the north/east side of
Prosperity Drive from a point 45 metres west of Erika Court to a point of 25 metres north
thereof, and on the east/south side of Prosperity Drive from a point 40 metres north of
Indigo Street to a point 25 metres east thereof."
2. DTS-06-171 - MINISTRY OF TRANSPORTATION HIGHWAY $ RECONSTRUCTION AND
WIDENING
- CITY OF KICHENER NOISE BY-LAW EXEMPTION EXTENSION
The Committee considered Development and Technical Services Department report DTS-06-
171,dated November 13, 2006, regarding an extension to the City of Kitchener Noise By-law for
Highway 8 reconstruction and widening.
Councillor B. Vrbanovic requested this matter be deferred to the Council meeting of November
27, 2006, as he has received some complaints from area residents.
On motion by Councillor B. Vrbanovic -
it was resolved:
That consideration of the following recommendation contained in Development and
Technical Services Department report DTS-06-171, concerning a Noise By-law
Exemption for the Ministry of Transportation be deferred and referred to the Council
meeting of November 27, 2006:
"That the Ministry of Transportation and its contractor(s) continue to be exempt from the
provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6
Construction Work, during the reconstruction and widening of Highway 8 in the City of
Kitchener, between the hours of 7:00 p.m. to 7:00 a.m. for the period from December 1,
2006 to December 31, 2007."
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
NOVEMBER 20, 2006 - $$- CITY OF KITCHENER
3. DTS-06-163 - LIMITING DISTANCE AGREEMENT WITH OWNER OF 431 DEER RIDGE
DRIVE AND ADJACENT CITY OF KITCHENER PROPERTY
The Committee considered Development and Technical Services Department report DTS-06-
163, dated November 2, 2006, regarding a limiting distance agreement with the owner of 431
Deer Ridge Drive.
On motion by Councillor B. Vrbanovic -
it was resolved:
"That the Mayor and Clerk be authorized to execute an agreement with the registered
owner(s) of Part Block 6, Registered Plan 58M-270, designated as Part 30 on Reference
Plan 58R-14077, known as 431 Deer Ridge Drive, pursuant to Section 9.10.14.12(5) of
the Ontario Building Code, said agreement to permit the construction of a new single
family home with the limiting distance for the exposing building face being measured to a
point beyond the property line on the adjacent property, described as Block 11 on
Registered Plan 58M-270, being an open space block fronting on Deer Ridge Drive."
DTS-06-165 - ZONE CHANGE APPLICATION ZC 06I22IIIJB
- IRA NEEDLES BOULEVARD
- SILVESTRIINVESTMENTS
The Committee considered Development and Technical Services Department report DTS-06-
165, dated November 7, 2006, regarding Zone Change Application ZC 06/22/I/JB to change the
zoning on lands on Ira Needles Boulevard.
Mr. Willmer advised that the purpose of this zone change is to allow the relocation of the storm
water management facility. He further advised that the proposed by-law and map have been
amended to correct the legal description.
Mr. R. Hardie, Richard A. Hardie & Associates Inc., was in attendance on behalf of the property
owner, in support of the staff recommendation.
On motion by Councillor G. Lorentz -
it was resolved:
"That Zone Change Application ZC06/22/I/JB for the purpose of changing the zoning from
Hazard Land Zone (P-3) to Arterial Commercial Six (C-6) on lands legally described as
Part of Lot 38, German Company Tract, being Part of Part 4, Reference Plan 58R-15010,
and to change zoning from Arterial Commercial Six (C-6) to Open Space (P-2) on lands
legally described as Part of Lot 38, German Company Tract, being Part 5, Reference
Plan 58R-15010 (Ira Needles Blvd.) in the City of Kitchener be approved in the form
shown in the "Proposed By-law", dated November 7, 2006 distributed at the Development
and Technical Services Committee meeting of November 20, 2006, without conditions."
DTS-06-164 - ZONE CHANGE APPLICATION ZC 06I09IWIJB
- 33$ WELLINGTON STREET NORTH
- ELIZABETH CHAFE AND PETER VAN HECKE
The Committee considered Development and Technical Services Department report DTS-06-
164, dated November 7, 2006, regarding Zone Change Application ZC 06/09/W/JB to change
the zoning on the lands known as 338 Wellington Street North.
Mr. J. Bannon reviewed the staff report, noting that the proposed by-law has had a minor
update, and reference is now made to include the new zoning boundaries into zoning schedule
122.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
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5. DTS-06-164 - ZONE CHANGE APPLICATION ZC 06I09IWIJB tCONT'D)
On motion by Councillor J. Smola -
it was resolved:
"That Zone Change Application ZC06/09/W/JB for the purpose of changing the zoning
from Residential Five Zone (R-5) to Residential Five Zone (R-5) with special use provision
#357 to allow for canine and feline grooming as a home business on lands legally
described as Registered Plan 125 Part Lot 1 and 2 (338 Wellington Street North) in the
City of Kitchener be approved in the form shown in the "Proposed By-law", dated October
16, 2006 attached to Development and Technical Services Department report DTS-06-
164 as amended to incorporate additional zoning boundaries on Map No. 1 attached to
the proposed by-law, without conditions."
6. DTS-06-166 - PLAN OF SUBDIVISION 30T-06202
- DEER RIDGE DRIVE
- JHS PROPERTIES INC.
Mayor C. Zehr declared a pecuniary interest in this matter as he owns property in close proximity
to this proposed subdivision, and did not participate in any discussion or voting with respect to
this matter.
The Committee considered Development and Technical Services Department report DTS-06-
166, dated November 16, 2006, regarding Plan of Subdivision 30T-06202 for lands on Deer
Ridge Drive. Mr. Bannon reviewed the staff report noting that the map of the plan of subdivision
has been revised to note that the name of the street is "Riverstone Court"; consequently the date
in clauses 1 and 2.1 of the staff recommendation must be revised from July 18, 2006 to
November 20, 2006. With respect to public comment on this plan of subdivision, one resident
still has concerns with the proposed finished grade.
Councillor Gazzola questioned how the City will address the issue of the higher elevation of
these lots. Staff advised that the grades were approved to achieve positive drainage. Mr.
Mansell advised that a process is underway to lower the grade and still achieve a positive flow to
the front of the lots and to the storm water management pond.
Four neighbouring property owners were in attendance to advise of their concerns regarding the
height of the grade for this plan of subdivision and the height of the homes to be built on these
lots.
Mr. Mansell advised that the City's objective is to get the water off these lots, and there needs to
be back to front drainage in order for the run-off to go to the street.
Mr. P. Chauvin, MHBC Planning, was in attendance on behalf of JHS Properties Inc., in support
of the staff recommendation. He advised that the grades have been brought down by 2', and in
accordance with clause 6.12 of the staff recommendation, the grades will be further reduced.
With respect to the style of houses for these lots, they will not have rear walk-outs, but will be
rear look-outs.
Mr. Bannon confirmed that the subdivision will be approximately 1.8m higher than the properties
owned by the delegations.
Councillor Weylie questioned whether there has been a neighbourhood meeting in this regard,
and Mr. Willmer advised there has not, as staff felt they could address the neighbours' concerns
through adjusting the grading. The zoning of this subdivision is the same as that for the
surrounding properties, and most of these issues are buyer beware. Most of the concerns about
zoning and size of lots were known since the subdivision was approved. Grading can be
addressed by staff; however, it will be up to the developer to decide if he is willing to restrict the
height of the houses. Mr. Chauvin advised he is willing to work with staff in this regard prior to
next week's Council meeting.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
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6. DTS-06-166 - PLAN OF SUBDIVISION 30T-06202 tCONT'D)
Staff was directed to hold a meeting with the neighbours and the developer to address these
concerns.
On motion by Councillor M. Galloway -
it was resolved:
That consideration of the following recommendation from Development and Technical
Services Department report DTS-06-166, as amended (Plan of Subdivision 30T-06202 -
JHS Properties Inc. -Deer Ridge Drive), be deferred and referred to the Council
meeting of November 27. 2006, pending the outcome of discussions between staff, the
developer and the abutting neighbours concerning finished grades and house styles:
"That the recommendations contained in Development and Technical Services
Department report DTS-06-166, (Plan of Subdivision 30T-06202 - JHS Properties Inc. -
Deer Ridge Drive), be approved; subject to the following amendments:
(a) that the Plan of Subdivision map be amended to show the street name of
Riverstone Court; and,
(b) that the date in clauses 1 and 2.1 of the recommendation in DTS-06-166 be
changed from July 18, 2006 to November 20, 2006."
7. DTS-06-162 - PROCEDURE FOR LISTING PRIVATELY OWNED NON-DESIGNATED
PROPERTY ON THE MUNICIPAL HERITAGE REGISTER
Councillor C. Weylie declared a pecuniary interest in this matter as she owns property
designated under the Ontario Heritage Act, and did not participate in any discussion or voting
with respect to this matter. Councillor M. Galloway assumed the chair at this time.
The Committee considered Development and Technical Services Department report DTS-06-
162, dated October 31, 2006, regarding a procedure for listing privately owned non-designated
property on the Municipal Heritage Register, which was reviewed by Mr. L. Bensason.
Mr. F. Kulcsar was in attendance to advise of his concern that the owners of inventoried
properties were given a much shorter report than had been provided to members of the
Committee, and he questioned why they had not received all the information. Mr. Bensason
advised that the property owners had not received the full questionnaires from each municipality
but only a summary of their responses.
Upon questioning by Mayor Zehr, Mr. Bensason reviewed how non-designated, listed properties
are addressed in the Ontario Heritage Act and the Provincial Policy Statement associated with
the Planning Act. He noted that there is no obligation on the part of the property owner, through
the Ontario Heritage Act, to seek Heritage Kitchener review or Council approval to make
alterations to their property. However, through the Provincial Policy Statement, built heritage
resources must be preserved. The municipality has an obligation to preserve heritage
resources; which means we must evaluate how the resource can best be preserved.
On motion by Councillor B. Vrbanovic -
it was resolved:
"That the process for listing non-designated properties of cultural heritage value or
interest on the Municipal Heritage Register, as outlined in Development and Technical
Services Department report DTS-05-213, dated December 16, 2005, be approved."
Councillor Weylie resumed the chair at this time.
8. DTS-06-16$ - PERMIT FEE REBATE PROGRAM
The Committee considered Development and Technical Services Department report DTS-06-
168, dated November 7, 2006, regarding a permit fee rebate program.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
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8. DTS-06-16$ - PERMIT FEE REBATE PROGRAM tCONT'D)
Mr. Seiling advised that the current criteria requires that the final inspection and finalized grading
are completed within one year. Several requests for extensions to this one year period have
been received. Staff met with the Home Builders who requested a change in the criteria to give
them 270 seasonal days rather than one year. Mr. Seiling noted there are approximately 199
seasonal days in a year, so 270 seasonal days would equate to approximately 20 months.
On motion by Councillor G. Lorentz -
it was resolved:
"That a rebate of a portion of the building permit fee be approved, based on the following
amount, if confirmation of the final building inspection and grading certification (if
applicable) within 270 "seasonal days" of occupancy, as define by the TARION Warranty
Corporation, has been obtained; and,
That for new construction of single family, duplex, semi-detached, townhouse and triplex
dwelling units, the rebate will be $500/permit; and further,
That the effective date for the above revision of the permit fee rebate be January 1,
2005."
9. CAO-06-063 - UW RESEARCH PROJECT
- HUMAN UNDERSTANDING OF A CHANGING DOWNTOWN LANDSCAPE
The Committee considered Chief Administrator's Office report CAO-06-063, dated November
11, 2006, regarding a University of Waterloo research project on the human understanding of a
changing downtown landscape.
Dr. Troy Glover was in attendance and provided a brief explanation of his research project.
On motion by Mayor C. Zehr -
it was resolved:
"That Dr. Troy Glover, Director of the Healthy Communities Research Network, be
requested to share the results of his proposed research on how residents experience and
value the landscapes with which they interact in their community, with City of Kitchener
staff, and to present his findings to City Council upon completion of the research."
10. GREENBROOK DRIVE TRAFFIC CALMING
Councillor Lorentz advised that this Committee will receive a report at its December 11th meeting
respecting a change to the traffic calming measures on Greenbrook Drive. He requested that
any recommendation on this matter by this Committee be considered at the special Council
meeting the same day. Mr. McBride advised that the public is not supportive of the chicanes,
and staff want to provide an official response. Councillor Lorentz advised that a public meeting
will be arranged in January so the City can determine what traffic calming measures to take in
the spring of 2007.
11. ADJOURNMENT
On motion, the meeting adjourned at 8:02 p.m.
D. Gilchrist
Committee Administrator