HomeMy WebLinkAboutDev & Tech Svcs - 2007-01-29DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 29, 2007 CITY OF KITCHENER
The Development and Technical Services Committee met this date, commencing at 6:30 p.m.
Present: Councillor C. Weylie -Chair
Councillors B. Vrbanovic, K. Galloway, G. Lorentz, J. Smola and J. Gazzola
Staff: R. Browning, General Manager of Development & Technical Services & Fire Chief
P. Houston, General Manager of Financial Services & City Treasurer
~. MacDonald, Director of Legal Services & City Solicitor
J. Willmer, Director of Planning
J. McBride, Director of Transportation Planning
J. Witmer, Director of Building & Environmental Remediation
D. Ross, Manager of Development Review
M. Selling, Manager of Building, Acting Chief Building Official
D. Gilchrist, Committee Administrator
1. DTS-07-012 - HEAVY TRUCK ROUTING - TRUSSLER ROAD
The Committee considered Development and Technical Services Department report DTS-07-
012, dated January 11, 2407, regarding prohibiting heavy trucks anytime on Trussler Road
between Ira Needles Boulevard and Highland Road.
On motion by Councillor B. Vrbanovic -
itwas resolved:
"That heavy trucks be prohibited at anytime on Trussler Road between Ira Needles
Boulevard and Highland Road."
2. DTS-07-010 - ON-STREET PARKING -DEER RIDGE DRIVE
The Committee considered Development and Technical Services Department report DTS-07-
010, dated January 11, 2007, regarding on-street parking on Deer Ridge Drive.
On motion by Councillor B. Vrbanovic -
itwas resolved:
"That the Uniform Traffic By-law be amended to prohibit on-street parking at anytime on
both sides of Deer Ridge Drive from the intersection of King Street East to a point 50
metres north of the intersection of Candle Crescent."
3. DTS-07-011 - TRAFFIC CALMING PRIORITY - 2007
The Committee considered Development and Technical Services Department report DTS-07-
011,dated January 16, 2007, regarding the 2007 traffic calming priority.
Councillor Gazzola questioned whether staff will review the number of traffic claming studies it
can now undertake given that Class B Environmental Assessments for traffic calming have been
removed from the Environmental Assessment Act. Mr. McBride responded that staff did a
review in 2006 resulting in the recommendation before the Committee at this time. He noted
that although there will be a financial savings, there is a time factor to be considered. Staff
believe they can undertake 4 assessments a year, given the workload.
Councillor Vrbanovic noted his understanding that Heritage Drive would be given priority this
year for traffic calming, which he understood had been agreed to by staff following the fatality
that took place last year. Mr. McBride pointed out that Heritage Drive has been considered for
traffic calming and is listed as priority number 4, and even with last year's fatality, it did not rate
higher than the three being proposed. Council) Vrbanovic stated that Heritage Drive was the first
street in the City to have traffic calming measures installed, these measures have been reviewed
and they are not working. He advised of his understanding that a full review of Heritage Drive
would be undertaken this year.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 29, 2007 - 6- CITY OF KITCHENER
3. DTS-07-011 - TRAFFIC CALMING PRIORITY - 2007 (CONT'D)
Councillor Lorentz questioned what is happening with Kingswood Drive, and Mr. McBride
advised that a study was completed but an objection was filed with the Ministry of the
Environment. Staff are still awaiting a response as to whether the Ministry will continue to hear
the objection or not, given the change in the legislation.
Councillor Urbanovic moved the recommendation in the staff report, and again questioned
whether Heritage Drive could be included this year. Mr McBride stated that staff could include
Heritage Drive in 2007. Mr. McBride advised that there is probably 5 to 6 years worth of work on
the traffic claming list already being requested. In order for staff to undertake this work any
faster, either more staff are required or some of the work will need to be done by consultants.
The Committee directed staff to present a report to this Committee to determine how work can
be prioritized so that more traffic calming can be undertaken each year.
On motion by Councillor B. Vrbanovic -
itwas resolved:
"That the 2007 Traffic Calming Program include the completion of traffic calming studies
for Vanier Drive/Traynor Avenue, Kinzie Avenue, Old Carriage Drive, Clark Avenue and
Heritage Drive."
4. DTS-07-016 - TEMPORARY OCCUPANCY REQUEST
- 585 QUEEN STREET SOUTH
- VANJA SIKMAN
The Committee considered Development and Technical Services Department report DTS-07-
016, dated January 19, 2007, regarding a temporary occupancy request for 585 Queen Street
South.
On motion by Councillor J. Smola -
itwas resolved:
"That temporary occupancy be approved and enforcement of the City's Zoning By-law be
waived for the property at 585 Queen Street South, with respect to a retail and restaurant
use (cafe and gallery) within a building existing on January 29, 2007, subject to the retail
and restaurant use vacating the location in the event the City initiated Zone Change
(ZC061061TC/RM) to permit retail and restaurant uses on the subject lands is not
approved; and further;
That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be
directed to commence notice of action to remove the illegal use and that any work done
to the premises be at the sole risk and responsibility of the owner in the event losses are
incurred as a result of final disposition of this application."
5. DTS-07-020 - DEMOLITION CONTROL APPLICATION DC 06108/C1CB
- 16-26 COLLEGE STREET 1145 DUKE STREET WEST
- ROLAND & BE1~'Y LYNN
The Committee considered Development and Technical Services Department report DTS-07-
020, dated January 23, 2007, regarding Demolition Control Application DC 06/08/C1CB for the
property known as 16-26 College Street 1145 Duke Street West.
Ms. D. Ross introduced the report noting that the building at 26 College Streetl145 Duke Street
West has been identified by the City's Heritage Planner as representing an increasingly rare
example of the former Town of Berlin urban fabric within the heart of Downtown. She
recommended that demolition of this property not be considered. Further, Ms. Ross advised the
owner has no redevelopment proposal for the property at this time, and intends to use it as a
parking lot.
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5. DTS-07-020 - DEMOLITION CONTROL APPLICATION DC 06108/C1CB (CONT'D)
Mr. R. Lynn, one of the owners of the subject properties, advised that he and his family wish to
keep 26 College Street/145 Duke Street West, based on the comments of the Heritage Planner,
and this building is no longer to be considered as part of the application. As the properties at 16,
18, and 22 College Street are being sold, Mr. Lynn asked for unconditional approval of the
Demolition Control Application for these properties. Ms. Ross responded that the conditions are
intended to ensure that development will occur in an appropriate amount of time.
Councillor Smola recommended that the Demolition Control Application be approved without
conditions, as it is unrealistic to have conditions in this situation.
Mr. B. Nimer addressed the Committee advising he is the intended purchaser of the subject
property. He stated that he is seeking unconditional approval to demolish these buildings. He
suggested a vacant lot used for parking presents a far better appearance than derelict buildings.
Also, he does not want to have to deal with safety and liability issues. The current owner
intends to retain the corner property, which will screen the parking lot.
Councillor Gazzola questioned the need for these conditions, and Mr. Willmer responded that
demolition should not take place prematurely; however, there are, from time to time, extenuating
circumstances. A surface parking lot could be acceptable, and is preferable to a boarded-up
building.
Councillor Lorentz questioned how long it will take Mr. Nimer to develop the land. Mr. Nimer
advised that he has a number of development proposals for his existing building on King Street;
however, since he has been successful in his offer to purchase the subject property, he may
need to change his existing plans. He stated he expects to do something with the land within
one year.
Mr. Nimer requested that this matter be considered at the special Council meeting this date, as
the sale is to close within a couple of days, and it is dependent on Council's decision.
On motion by Councillor J. Smola -
itwas resolved:
"That Demolition Control Application DC06/08/C/CB, as amended, requesting permission
to demolish two former residential buildings municipally addressed as 16-18 College
Street and 22 College Street, located at the southwest corner of College Street and Duke
Street in Downtown Kitchener, and legally described as Part Lots A, 155 and 156, Plan
374, be approved, without conditions."
6. DTS-07-017 - BUILDING PERMIT FEE REVIEW
The Committee considered Development and Technical Services Department report DTS-07-
017, dated January 18, 2007, regarding building permit fee review.
Mr. Jim Bruzzese, BMA Management Consulting Inc. was in attendance and reviewed their
report addressing 2007 fee increases for building permits.
Councillor Gazzola questioned the permissions and requirements of Bill 124 respecting building
permit fees and reserves. Mr. Bruzzese responded the fees can not exceed the reasonable cost
of performing the activity, and fees must stay in the Building Department and do not become part
of the City's general revenues. However, Bill 124 does not state the size of the reserve.
Mr. Bruzzese also advised that the recommendation as to the fees and the size of the reserve
was decided through a process of examining what has happened in the past. He noted that
building permit fees have not increased for the past 3 or 4 years, and he is recommending that
they be indexed to the Consumer Price Index. He stated that there is limited opportunity to
reduce expenses such as charge backs for rent and IT. The only way to reduce costs is through
staff, and currently staffing is at 85%. Currently there is a shortage of staff in this industry, and
there are 4 or 5 municipalities still trying to find qualified staff. If any staff are let go at this time,
you are not likely to get them back.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
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6. DTS-07-017 - BUILDING PERMIT FEE REVIEW (CONT'D)
When questioned about transfers to capital, Mr. Witmer advised this transfer is for wireless
technology.
Councillor Gazzola note that the projections for the Building Division given to Council last year
have changed dramatically. Mr. Witmer responded that he is expecting a 3% contribution to the
reserve. He stated that direct and indirect costs are anticipated at $3.7M and the revenue
projection was $4.2M; however, there has been an economic slowdown. To help compensate
for this slowdown, vacancies were not filled; consequently, the reserve is at $233,000.
Mr. Witmer explained that the work generated from a building permit carries through for 2 years,
and is not completed within the year a building permit is issued. Currently the Building Division is
staffed at 75%. He stated the reserve gives the customers what they are paying for, and the
money from building permit fees is not going into general revenues.
Councillor Gazzola stated he has a concern about a 25% increase in building permit fees. He
questioned what the response is from the Home Builders. Mr. Witmer responded that the Home
Builders wish the City had increased these fees each year rather than all at once; however, they
realize the Building Division is not being funded from the tax base. The increase being proposed
is a compromise.
Councillor Gazzola advised he is looking for a longer projection than 3 to 4 years, and Mr.
Witmer advised he has a limited ability to guess what will happen with the economy. He also
advised that once the reserve maximum has been reached, contributions to the reserve will be
diminished.
Councillor Gazzola then objected to the fact that the Committee's recommendation on this
matter will be considered at the special Council meeting this date as this is a complex matter
which warrants more time. Staff responded their request to have this matter considered at the
special Council meeting is due to the fact that they have already lost 1 month's worth of fee
increases.
On motion by Councillor B. Vrbanovic -
itwas resolved:
"That a by-law be adopted to amend Chapter 710 (Building Permits and Fees) of the City
of Kitchener Municipal Code, to give effect to the building permit fees and
recommendations contained in the report prepared by BMA Consulting Inc., such that
they become effective February 1, 2007."
7. DTS-06-172 - MODIFICATION TO DRAFT PLAN OF SUBDIVISION 30T-03201
- ZONE CHANGE APPLICATION ZC 06114/F1BB
- VALLEY VIEW HEIGHTS (ST. JACOBS) LTD.
- FAIRWAY ROAD/MORRISON ROAD
The Committee considered Development and Technical Services Department report DTS-06-
172, dated January 16, 2007, regarding modification to draft plan of subdivision 30T-03201 and
zone change application ZC 06/14/F/BB for property located at the southwest corner of Fairway
Road and Morrison Road.
Ms. D. Ross provided the Committee this date with minor amendments to the recommendations
contained in Development and Technical Services Department report DTS-06-172.
Ms. J. Passey, MacKinnon and Associates was in attendance on behalf of the applicant, in
support of the amended staff recommendations.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 29, 2007 - 9- CITY OF KITCHENER
7. DTS-06-172 - MODIFICATION TO DRAFT PLAN OF SUBDIVISION 30T-03201(CONT'D)
On motion by Councillor B. Vrbanovic -
itwas resolved:
"That Zone Change Application ZC 06/14/F/BB (Valleyview Heights Limited; Fairway
Rd./"Proposed Sims Estate Drive" ) requesting a change in zoning to: Residential Three
(R-3), Residential Three (R-3) with special regulation provision 175R, Residential Four
Zone (R-4), Residential Four Zone (R-4) with special regulation provisions 4548 and
456R, Residential Six Zone ~R-6), Residential Six Zone (R-6) with special regulation
provision 399R, and Public Park Zone ~P-1) from: Residential Four Zone (R-4),
Residential Four Zone (R-4) with special regulation provision 4008, Residential Six Zone
(R-6), Residential Six Zone (R-6) with special regulation provision 3998, and Open Space
Zone (P-2) ,Residential Four ~R-4) with on lands legally described as Block 54, R.P.
1798, Part of Blocks 132 and 136, R.P. 1647, Part of Lots 10 and 12, R.P. 591 and Part
of Lot 118, German Company Tract, in the City of Kitchener, be approved, in the form
shown in the "Proposed By-law", dated January 9, 2007, attached to Development and
Technical Services Department report DTS-06-172, without conditions; and further,
That pursuant to Section 51 X44) of the Planning Act, R.S.O. 1990, and By-law 2002-164,
as amended, the modified conditions of draft approval for Plan of Subdivision 30T-03201
for Valley View Heights ~St. Jacobs) Limited to revise the plan and text as outlined in
Development and Technical Services Department report DTS-06-172, be approved,
subject to the following amendments:
Condition 1 -Block 82 to read ...multiple residential (16 to 24 units);
Condition 3.19 -last sentence of the first paragraph "...and zoned for Open Space
use only" be deleted;
Condition 6.19 -reference to "...residential apartments" be changed to "dwelling
units";
Condition 2.2.10 - "...and zoned for Open Space" reference be deleted from first
paragraph last sentence;
Regional Condition 6 -revised to read "...for Lots 1, 2 and 3 (Stage 2)...";
Parkland -the sentence "The dedication of this parkland is to be satisfied by a
cash-in-lieu contribution," be removed."
8. ADJOURNMENT
On motion, the meeting adjourned at 7:29 p.m.
D. Gilchrist
Committee Administrator