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HomeMy WebLinkAboutDev & Tech Svcs - 2007-06-18DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 1$, 2007 CITY OF KITCHENER The Development and Technical Services Committee met this date, commencing at 5:05 p.m. Present: Councillor C. Weylie -Chair Mayor C. Zehr and Councillors J. Smola, G. Lorentz, K. Galloway, J. Gazzola and B. Vrbanovic Staff: C. Ladd, Chief Administrative Officer A. Pappert, General Manager of Community Services R. Browning, General Manager of Development & Technical Services T. Speck, General Manager of Corporate Services G. Murphy, Director of Engineering J. Willmer, Director of Planning J. Witmer, Director of Building J. McBride, Director of Transportation Planning A. Pinard, Manager of Long Range & Policy Planning M. Selling, Acting Director of Building & Chief Building Official R. Regier, Executive Director of Economic Development D. Ross, Manager of Development Review S. Rice, Development Administrator B. Page, Supervisor of Site Development J. Blllett, Committee Administrator D. Gilchrist, Committee Administrator 1. DTS-07-101 - 30CDM-06206 - 25$ EDGEWATER CRESCENT - REQUEST FOR EXEMPTION FROM EMERGENCY ACCESS POLICY 1-1035 - LAUREL VIEW HOMES The Committee considered Development and Technical Services Department report DTS-07- 101, dated June 6, 2007, regarding a request for exemption from Emergency Access Policy 1- 1035 for 258 Edgewater Crescent. On motion by Councillor B. Vrbanovic - it was resolved: "That the request of Laurel View Homes for an exemption from Council Policy I-1035, `Emergency Access Policy', in regards to the future development proposed on the lands legally described as Block 289, RP 58M-393 and Part Lot 117, GCT (municipally known as 258 Edgewater Cres), in the City of Kitchener, to allow a private road to be 204.2m in length from a public road, without an emergency access, be granted, in accordance with the following provisions: (a) That all dwellings be equipped with the Direct Detect Fire Monitoring System; and, (b) That all dwellings constructed beyond 150 metres of the intersection of the internal driveway with the public road be fitted with sprinkler systems; and further, That the request of Laurel View Homes for an exemption to Council Policy I-1147, clause 4.h.vi, `Street Naming, Addressing, Multiple Unit Identification Signs, Address/Street Name Changes', to allow the Multiple Unit Identification Sign to be located on the left side of the driveway entrance rather than on the right side of the driveway entrance, be granted." 2. DTS-07-095 - CONSOLIDATION OF UNIFORM TRAFFIC AND PARKING BY-LAW The Committee considered Development and Technical Services Department report DTS-07- 095, dated May 30, 2007, regarding consolidation of uniform traffic and parking by-law. On motion by Councillor B. Vrbanovic - it was resolved: "That a consolidated Uniform Traffic and Parking By-law be adopted as outlined in Development and Technical Services Department report DTS-07-095." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 1$, 2007 - 54- CITY OF KITCHENER 3. DTS-07-10 - KITCHENER GROWTH MANAGEMENT STRATEGY (KGMS) - TERMS OF REFERENCE The Committee considered Development and Technical Services Department report DTS-07- 103, dated June 12, 2007, regarding terms of reference for the Kitchener Growth Management Strategy (KGMS). On motion by Mayor C. Zehr - it was resolved: "That the Terms of Reference for the Kitchener Growth Management Strategy outlined in Appendix "A" to Development and Technical Services Department report DTS-07-103 be approved; and, That Councillor C. Weylie be appointed to the Growth Management Strategy Task Force as the representative of Council; and further, That Councillor J. Gazzola be appointed as the alternate representative of Council on the Growth Management Strategy Task Force." 4. DTS-07-107 - HANSON AVENUE EA - DESIGN AND CONSTRUCTION CONSULTANT SELECTION The Committee considered Development and Technical Services Department report DTS-07- 107, dated June 11, 2007, regarding the selection of a design and construction consultant for the Hanson Avenue Extension. On motion by Councillor B. Vrbanovic - it was resolved: "That the City of Kitchener waive its normal procedure for the selection of consultants and retain The Walter Fedy Partnership as our Engineering Consultant to undertake the design and construction phases for the construction of the Hanson Avenue Extension and Block Line Road Extension; and further, That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and The Walter Fedy Partnership." 5. DTS-07-109 - LIMITING DISTANCE AGREEMENT WITH OWNER OF 404 KING STREET WEST, 410 KING STREET WEST AND 45 VICTORIA STREET NORTH, PURSUANT TO SECTION 3.2.3.1 t$) OF THE ONTARIO BUILDING CODE The Committee considered Development and Technical Services Department report DTS-07- 109, dated June 8, 2007, regarding a limiting distance agreement with the owners of 404 King Street West, 410 King Street West and 45 Victoria Street North. On motion by Councillor B. Vrbanovic - it was resolved: "That subject to approval of Zone Change Application ZC05/08/K/TB and lifting of the Holding provision H9, and subject to the registration of condominium application 30CDM- 06205 thus creating a new property line between 404 King Street West and 410 King Street West, the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with the registered owner(s) of what is currently known as 404 and 410 King Street West, pursuant to Section 3.2.3.1.(8) of the Ontario Building Code, said agreement to permit a six storey residential apartment building with the limiting distances for the exposing building face being measured to a point beyond the property line on the adjacent property, known as 45 Victoria Street North, said limiting distance measurements to be approved by the Chief Building Official." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 1$, 2007 - 55- CITY OF KITCHENER 6. DTS-07-111 - HOMER WATSON BOULEVARD AND OTTAWA STREET SOUTH REPAVING. REGION OF WATERLOO -NOISE BY-LAW EXEMPTION The Committee considered Development and Technical Services Department report DTS-07- 111, dated June 12, 2007, regarding a noise by-law exemption for paving at Homer Watson Boulevard and Ottawa Street South. On motion by Councillor B. Vrbanovic - it was resolved: "That the Regional Municipality of Waterloo and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6, Construction Work during the repaving of the intersection of Homer Watson Boulevard and Ottawa Street South in the City of Kitchener between the hours of 7:00 p.m. to 7:00 a.m., for the period from July 7, 2007 to July 8, 2007 or a rain date of July 28, 2007 to July 29, 2007." DELEGATION - 1561 VICTORIA STREET NORTH AT FORWELL ROAD - DEFERRAL OF PAYMENT FOR STORM SEWER Mr. R. Hardie, Richard A. Hardie & Associates, was in attendance on behalf of the owner of 1561 Victoria Street North, to request that the City of Kitchener finance the installation of a storm sewer from the subject property to the Kolb Drain outlet. It is the intension of the property owner to repay this financing in the same manner as a local improvement, over a 10 year period. The Committee members had been provided with a written submission in this regard with their agendas. Mr. J. Witmer advised that the question for this Committee to consider is whether it wants to front-end finance development on private property; as staff would like to see the developer pay this cost themselves. Councillor Vrbanovic stated that this financing could be set-up in a manner similar to that of a local improvement. He noted this person is a small business owner and this is a small property. He stated that it seems right to handle this request in the same manner as a local improvement. He was advised by Mr. Witmer that the interest rate for local improvements is approximately 6%. Mayor Zehr commented that he could support this request provided there is an agreement on title and appropriate securities are taken; also, the property owner must pay all legal costs. Mr. Witmer advised that the request had been received only days before this meeting, and there hasn't been an opportunity to discuss this request with Legal Services staff. Mr. Witmer also provided an example of a similar situation concerning access to municipal water which had previously been accommodated in the same manner as a local improvement. Mayor Zehr stated he wants this matter identified for discussion at next Monday night's Council meeting. On motion by Councillor B. Vrbanovic - it was resolved: "That the City of Kitchener finance, in a manner and at an interest rate comparable to a local improvement, over a 10 year period, the installation of a storm sewer from 1561 Victoria Street North to the Kolb Drain outlet; subject to the following: That the property owner enter into an agreement in this regard, with the City of Kitchener, to be prepared by the City Solicitor, and registered on title of the subject property; and that the property owner pay all associated costs." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 1$, 2007 - 56- CITY OF KITCHENER 8. DTS-07-106 - COUNCIL DIRECTION REGARDING LAND USE - MUNICIPAL PLAN AMENDMENT APPLICATION MP 06I01IGITMW - ZONE CHANGE APPLICATION ZC 06I05IGITMW - IRA NEEDLES COMMERCIAL CENTRE JOINT VENTURE - GLASGOW STREET I WEST HILL DRIVE tFUTURE IRA NEEDLES BLVD) The Committee considered Development and Technical Services Department report DTS-07- 106, dated June 11, 2007, regarding Council's direction on the land use on Ira Needles Boulevard Commercial Centre Joint Venture. Mr. Willmer advised that the subject land is a 45 acre parcel on Kitchener's west side, zoned as "General Industrial". The intent of the applicants' is to rezone the land to "Planned Commercial Campus". Although staff had a fruitful conversation with the Economic Development Advisory Committee on this matter, Planning staff are still of the opinion that some of the subject land should remain as industrial. Rezoning this entire parcel will not leave land for industrial uses, and although commercial land is considered Employment Land in the 2005 Provincial Policy Statement, Planning staff are concerned that this is the last industrial land on the west side of the City. Further if this land is to be rezoned for commercial uses, staff wants to insure an appropriate mix of commercial uses. He requested the Committee's direction in this regard. Councillor Smola put forward a motion to adopt the position of the Economic Development Advisory Committee on this matter. Mr. R. Regier responded to questions from the Committee, advising that staff have discussed the demand for industrial land with the Economic Development Advisory Committee. He noted there is no other industrial land adjacent to the subject land or in that area of the City. It is difficult to determine if there is a demand for industrial land in this area of the City; whereas, there is a strong demand for industrial land in other parts of the City. Mayor Zehr noted that he has been very vocal about not giving up industrial land, and he maintains that position; however, the designated industrial land must be usable. He stated that it does not seem to be wise to retain the industrial land in this instance. On motion by Mayor C. Zehr - it was resolved: "That Planning Staff in their processing of the Municipal Plan Amendment Application MP06/01/G/TMW and Zone Change Application ZC06/05/G/TMW not require the applicant to retain any land for future industrial uses. " 9. DTS-07-110 - KING STREET AND THE CITY CENTRE DISTRICT STREETSCAPE MASTER PLAN -CONCEPT SELECTION The Committee considered Development and Technical Services Department report DTS-07- 110, dated June 7, 2007, regarding the concept selection for the King Street and the City Centre District Streetscape Master Plan. Mr. D. Drackley, IBI Group, was in attendance and presented the outcome of the public consultation process on the King Street and City Centre District Streetscape Master Plan process. Mr. Drackley noted that the public consultation took place on May 22, at City Hall. In addition, the public was invited to provide input to this design process through an on-line survey, available on the City's website from May 18 to June 1, 2007. The project team is now looking for direction from Council as to which Concept to pursue, and to move forward to Stage 2 of this master plan process, being the feasibility study of the preferred concept. Stage 2 will then be conducted over the summer. In response to questions from Councillor Gazzola about Concept 4 -Culture First, Mr. Drackley advised that the Culture First Concept would have some on-street parking; however, when King Street would be closed to vehicular traffic, there would be no on-street parking available. Also, this concept would not allow for public transit along King Street, as there would be too much activity. Concept #4 is pedestrians first and foremost. The sidewalks would be flush with the street, and there would have to be other forms of barriers. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 1$, 2007 - 57- CITY OF KITCHENER 9. DTS-07-110 - KING STREET AND THE CITY CENTRE DISTRICT STREETSCAPE MASTER PLAN -CONCEPT SELECTION tCONT'D) With respect to closing King Street to vehicular traffic, Mr. Drackley responded that King Street could be closed from Friday afternoon until Monday morning. They are trying to create a setting that allows a sense of space on the street. Mr. Drackley was of the opinion that the City of Kitchener does not have the critical mass to support the Culture First concept. Mr. Bluhm explained that under the Pedestrian First concept, King Street will be open to vehicles most of the time. Physically, King Street will be a normal street, open to vehicular traffic except when closed for special events. In response to questions about the Grand River Transit's (GRT) proposed rapid transit system, Mr. McBride advised that there have been discussions in this regard and staff have asked GRT not to have King Street in Downtown Kitchener as part of their route for rapid transit. Upon questioning by the Committee, Mr. Bluhm advised that this concept has had mixed reactions from the business community, noting that some retailers, such as clothing retailers, are supportive of Concept #3; whereas, destination only retailers are not as supportive. Councillor Vrbanovic suggested that King Street could be closed to vehicular traffic during the summer months, from 5 to 10 p.m., for outdoor cafes. Mr. Drackley suggested that if the street is closed for that period of time, there must be something going on in that space. He also noted that if King Street would be closed for an extended period of time, transit would need to be rerouted. On motion by Councillor B. Vrbanovic - it was resolved: "That the preferred streetscape solution, Concept 3: Pedestrian Theme, be selected for King Street; and, That City staff continue with the master plan process and project schedule outlined for King Street and the City Centre District; and further, That City staff report to the Development & Technical Services Committee on September 24, 2007, with functional designs for King Street and strategies for the City Centre District." 10. DTS-07-0$0 - SIDEWALK INSTALLATION ON EMMA AVENUE The Committee considered Development and Technical Services Department report DTS-07- 080, dated June 4, 2007, regarding the sidewalk installation on Emma Avenue. It was noted that Mr. D. Valant had registered as a delegation in this regard, but was not in attendance. Councillor Smola advised that he is in support of a sidewalk on the north side of Emma Avenue provided that the City crews that plough the snow from the sidewalks along Moore Avenue, at Mount Hope Cemetery, plough this sidewalk as well. He state that if this is not supportable, he would not be in favour of any sidewalk being installed on Emma Avenue. On motion by Councillor J. Smola - it was resolved: "That the City's normal policy of installing sidewalks on both sides of the street be waived with respect to Emma Avenue; and, That the width of Emma Avenue be reduced by 1.1 m to provide a minimum 6.1 m (face of curb to face of curb), a 1.5 m standard width sidewalk be installed behind the curb on the north side only, and four on-street parking spaces be eliminated; and further, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 1$, 2007 - 5$- CITY OF KITCHENER 10. DTS-07-A$0 - SIDEWALK INSTALLATION ON EMMA AVENUE tCONT'D) That City staff who clear snow from the sidewalk along Moore Avenue, at Mount Hope Cemetery also clear the snow from this proposed sidewalk on Emma Avenue." 11. DTS-07-10$ - SUNNY MEADOW COURT SIDEWALK EXEMPTION REQUEST The Committee reviewed Development and Technical Services Department report DTS-07-108, dated June 11, 2007, regarding the Sunny Meadow Court sidewalk exemption request, and agreed to defer consideration of this report to the Council meeting of June 25, 2007. On motion by Councillor C. Weylie - it was resolved: That consideration of the following recommendation be deferred and referred to the Council meeting of June 25.2007: "That the City of Kitchener continue to endorse sidewalk installation which supports the Pedestrian Charter and the principles of accessibility, equity, health and well-being, environmental sustainability, personal and community safety and community cohesion and vitality which are used to ensure walking is a safe, comfortable and convenient mode of urban travel; and further, That the sidewalk on Sunny Meadow Court be installed in accordance with the registered subdivision agreement." DTS-07-100 - PROPOSED MODIFICATIONS TO DRAFT APPROVED PLANS OF SUBDIVISION The Committee considered Development and Technical Services Department report DTS-07- 100, dated June 1, 2007, regarding proposed modifications to draft approved plans of subdivision. Mr. Wilmer advised that the draft plans listed in Appendix A to this staff report were draft approved quite some time ago, and since that time the City's standards for such things as on- street parking, sidewalks and tree protection have changed. He noted that staff had discussions in this regard with the Home Builders Association. He also noted that since this report was written, some of these plans have been registered. Ms. K. Barisdale, GSP Group, was in attendance on behalf of Lyndale Estates Limited, and the Committee was in receipt of a written submission from Ms. Barisdale, dated June 15, 2007. She noted that Lyndale Estates has 3 unregistered stages remaining in their 7 stage draft plan of subdivision. Lyndale Estates Limited, because of their previous investments in developing this land, will oppose any modification that may impact or limit the existing unit count. She also advised the Committee that Lyndale's draft plan of subdivision is subject to an Ontario Municipal Board (OMB) decision, and any future modifications require OMB approval. Mr. Willmer responded that staff does not want to have to go to the OMB, and staff are agreeable to exempting Lyndale Estates. Ms. Barisdale confirmed that they have no difficulty in providing the sidewalks, but have concerns about on-street parking where there are 30' lots. Mr. Wilmer commented that staff has a concern at the north end of that subdivision where there are small lot singles and almost no on-street parking. He also noted that some developers have been working with staff in this regard on a voluntary basis. Councillor Vrbanovic recommended removing the Lyndale Estates draft plan from Appendix A of the staff report, relieving them from the current off-street parking requirement, and requiring an undertaking from them to install sidewalks in accordance with the current Policy. Mr. Wilmer asked that draft plan of subdivision 30T-03202 also be removed from Appendix A. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 1$, 2007 - 59- CITY OF KITCHENER 12. DTS-07-100 - PROPOSED MODIFICATIONS TO DRAFT APPROVED PLANS OF SUBDIVISION tCONT'D) On motion by Councillor B. Vrbanovic - it was resolved: "That Appendix A of Development and Technical Services Department report DTS-07- 100 be amended to exclude Draft Plans of Subdivision 30T-97015 and 30T-03202, provided that the developer(s) provide an undertaking to install the sidewalks; and, That Planning staff be directed to modify the draft approved plans of subdivision outlined in Appendix A, as amended, of Development and Technical Services Department report DTS-07-100, where and in a manner deemed appropriate by the Director of Planning, to include updated and/or revised draft approval conditions for the provision of sidewalks, to require on-street parking plans, to update environmental clauses, and to provide conditions for landowners to proceed independently of one other. These modifications to be implemented at such time as: a. a landowner submits a written request to the City to modify their draft approved plan of subdivision, or b. City staff deem it appropriate and/or necessary to initiate a proposed modification to a draft approved plan of subdivision; and further, That Planning staff to notify the landowners of the draft approved plans of the City's intention to modify the draft approved plans of subdivision outlined in Appendix A of Development and Technical Services Department report DTS-07-100." This meeting recessed at 6:25 p.m. and reconvened at 7:10 p.m. with the following members present: Councillor C. Weylie, Chair, Mayor C. Zehr and Councillors J. Gazzola, G. Lorentz, J. Smola, K. Galloway and B. Vrbanovic. Mr. Michael May circulated to members of Council this date a copy of the 2006 Annual Report to Citizens. It was noted that traditionally 2000+ copies are printed and distributed; however, this year in recognizing focus on the environment, an introductory letter only will be mailed to advise that the report is available for viewing on-line. 13. DTS-07-105 - EXTENSION OF INTERIM CONTROL BY-LAW 2006-154 - PROHIBITION OF TRIPLEX AND MULTIPLE DWELLINGS WITHIN LANDS ZONE `R-5' IN THE CENTRAL NEIGHBOURHOOD AREA The Committee considered Development and Technical Services Department report DTS-07- 105, dated June 11, 2007, regarding an extension of Interim Control By-law 2006-154. On motion by Councillor J. Smola - it was resolved: "That Interim Control By-law 2006-154 be extended for an additional year in a form shown in the "Proposed By-law", dated June 11, 2007 attached to Development and Technical Services Department report DTS-07-105; and, That Planning Staff be directed to continue with the study of triplexes and multiple dwelling uses within the Central Neighbourhoods with a view to completing it prior to July 4, 2008; and further, That Planning staff submit a report with recommendations for Council's consideration at the conclusion of the study." 14. DEFERRAL - CITY INITIATED ZONE CHANGE - MIXED USE tMU) CORRIDOR ZONING Mr. J. Willmer advised that an advertisement was placed advising the community that the Development & Technical Services Committee would consider this date a City-initiated zone DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 1$, 2007 - 60- CITY OF KITCHENER 14. DEFERRAL - CITY INITIATED ZONE CHANGE tCONT'D) change proposing an amendment to Zoning By-law 85-1 to add three new zone categories to the By-law, being: Low Intensity Mixed Use Corridor (MU-1) Zone; Medium Intensity Mixed Use Corridor (MU-2) Zone; and High Intensity Mixed Use Corridor (MU-3) Zone. Mr. Willmer noted that staff is requesting deferral of this matter as the report has not been finalized; however, in light of the advertisement it would be prudent to inquire if any member of the public was in attendance to speak to the zone change. On invitation by Councillor C. Weylie, no delegations came forward with respect to this matter. On motion by Councillor K. Galloway - it was resolved: "That the City initiated Zone Change proposing an amendment to Zoning By-law 85-1 to add three new Mixed Use Corridor zone categories to the by-law, (Low Intensity (MU-1 ); Medium Intensity (MU-2); and High Intensity (MU-3) Zones), be deferred to a future Development and Technical Services Committee meeting, pending further review by staff." 15. DTS-07-079 - ZONE CHANGE APPLICATION ZC 06I23IOBS - 795 OTTAWA STREET SOUTH - 795 OTTAWA STREET DEVELOPMENTS INC. The Committee considered Development and Technical Services Department report DTS-07- 079, dated May 16, 2007, regarding Zone Change Application ZC 06/23/O/BS for the property known municipally as 795 Ottawa Street South. At the request of Councillor J. Gazzola, Ms. D. Ross agreed to amend the preface of the staff report to correctly identify the name of Ward 3 as "Fairview-Gateway". On motion by Councillor J. Gazzola - it was resolved: "That Zone Change Application ZC 06/23/O/BS (795 Ottawa Street Developments Inc.) for the purpose of changing the zoning from Arterial Commercial Zone (C-6) with Special Use Provision 16U to Commercial Campus Zone (C-8) with Special Regulation Provision 462R to permit retail uses less than 1500 m2 on lands legally described as Lot 1, Registered Plan 1358 and Part Lot 2, Registered Plan 1027, designated as Parts 1, 2, 3 and 5 on Reference Plan 58R-900 (795 Ottawa Street South), be approved in a form shown in the "Proposed By-law" dated May 4, 2007, attached to Development and Technical Services Department report DTS-07-079, without conditions." 16. DTS-07-093 - ZONE CHANGE APPLICATION ZC 06I24IZIJB - 492 ZELLER DRIVE - DAVID AND TAMMY STRAUS The Committee considered Development and Technical Services Department report DTS-07- 093, dated May 28, 2007, regarding Zone Change Application ZC 06/24/Z/JB for the property known municipally as 492 Zeller Drive. The Committee received this date a revised "Proposed By-law", dated June 18, 2007, modified to correctly reference the legal description of the subject property. On motion by Councillor B. Vrbanovic - it was resolved: "That Zone Change Application ZC06/24/Z/JB (David and Tammy Straus - 492 Zeller Drive) for the purpose of changing the zoning from Agricultural Zone (A-1) to Residential Four Zone (R-4) on lands legally described as Part 1, Plan 58R6658, Part Lot 11964, in the City of Kitchener be approved in the form shown in the "Proposed By-law", dated June 18, 2007, without conditions." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 1$, 2007 - 61- CITY OF KITCHENER 17. DTS-07-097 - PLAN OF SUBDIVISION 30T-04204 - ZONE CHANGE APPLICATION ZC 04I20ITIDR - MUNICIPAL PLAN AMENDMENT APPLICATION MP 07I04ITIDR - 374 TILT DRIVE AT STAUFFER DRIVE - DOON CREEK LTD. DTS-07-09$ - PLAN OF SUBDIVISION 30T-0420$ - ZONE CHANGE APPLICATION ZC 04I27ITIDR - 234 TILT DRIVE - HALLMAN CONSTRUCTION LTD. DTS-07-099 - PLAN OF SUBDIVISION 30T-04209 - ZONE CHANGE APPLICATION ZC 0412$ITIDR - 230 TILT DRIVE - BARBARA GUBLER The Committee considered the following Development and Technical Services Department reports: • DTS-07-097, dated June 14, 2007, regarding Plan of Subdivision 30T-04204, Zone Change Application ZC 04/20/T/DR and Municipal Plan Amendment Application MP 07/04/T/DR for the property known municipally as 374 Tilt Drive; • DTS-07-098, dated June 8, 2007, regarding Plan of Subdivision 30T-04208 and Zone Change Application ZC 04/27/T/DR for the property known municipally as 234 Tilt Drive; • DTS-07-099, dated June 4, 2007, regarding Plan of Subdivision 30T-04209 and Zone Change Application ZC 04/28/T/DR for the property known municipally as 230 Tilt Drive. 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 06/03/F/DR 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 June 25, 2007. 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. " Ms. Della Ross advised that the applications include 3 plans of subdivision, 3 zoning amendments, and a municipal plan amendment, with the lands involved located to the west of Tilt Drive and north of Stauffer Drive. The applications propose a total of 750 new residential units of medium density and including mixed use nodes, parks, trails, stormwater management and open space block. Ms. Ross circulated this date a memorandum, dated June 18, 2007 outlining minor changes to the staff recommendations contained in all three staff reports, as well as revised "Proposed By-laws". She advised that in response to neighbourhood input, parks and DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 1$, 2007 - 62- CITY OF KITCHENER 17. DTS-07-097 I -09$ I - 099 -PLANNING APPLICATIONS FOR TILT DRIVE tCONT'D) trails within walking distance have been incorporated into the plans and completion of the Tilt Drive neighbourhood park is required as a condition of approval. Numerous natural areas are to be conveyed to the City prior to plan registrations that will be protected by appropriate buffers and permanent fencing. Monitoring is also a condition of approval to ensure no adverse impact to environmental features. A trail system will be established and added to the City's inventory of scenic trails. In regard to 234 Tilt Drive, submission of a Heritage Impact Assessment for the existing house is required as a condition of approval. Finally, Ms. Ross noted that new Neighbourhood Design Guidelines have been incorporated into conditions of approval and the developer concurs with this approach. Councillor J. Gazzola inquired of any traffic concerns related to the subdivision and particularly, in regard to the area in the vicinity of the school. Ms. Ross advised that the road network has been deemed appropriate and the school taken into consideration, with traffic calming measures to be applied at the Apple Ridge Drive /Forest Creek Drive intersection. At the request of Mayor C. Zehr, Ms. D. Ross provided clarification of the location of proposed neighbourhood parks. Mayor Zehr raised concerns that in the past neighbourhood parks have not been a part of the first phase of development and Ms. Ross advised that all proposed parks for this development will be in place and active within 1 year of plan registration. Ms. Ross further clarified that park land dedication is not required for the Hallman subdivision because of a prior agreement for a land exchange, through which the City acquired a valuable woodlot in the Brigadoon community from Hallman Construction Ltd. She added that Hallman is conveying open space lands to be included in the scenic trail system. Ms. Pat Nippell attended to raise concerns regarding the scenic trail system bordering Tilt Drive and Stauffer Drive. She noted that the first section bordering Tilt Drive has been completed for over 5 years but no rehabilitation of the trailside periphery has been undertaken. She asked what measures would be taken to ensure that any further damage by these developments will be mitigated at the developers expense. She asked that new landscaping and appropriate buffers be provided to ensure screening of the natural areas from backyards and a communication plan be devised to encourage area residents to take a stewardship role. Ms. Yvonne Fernandes advised of a meeting between herself, another resident and Mr. Paul Britton, MHBC Planning Ltd. to discuss a number of concerns relative to protection and preservation of the environmental features. She referred to sedimentation problems experienced as a result of development around the Strasburg Creek and expressed the hope history would not repeat itself. She noted the distance ratio to neighbourhood parks, suggesting they should be closer to ensure accessibility and safety of children. Ms. Fernandes requested that the Committee consider strong mitigation measures for environmental features and expansion of greenfield spaces. Ms. Ross advised that plans contain conditions of approval requiring monitoring of environmental features during and post development to ensure no adverse impact to natural areas and an Environmental Assessment was conducted to determine appropriate setbacks. She added that the water table at Evens Pond and surrounding environmental features have also been taken into consideration and will be part of the ongoing monitoring process. Mr. Paul Britton, MHBC Planning Ltd., representing the applicants and Messrs. Dave Naylor, Steve Roorda, Geoff Gartshore and Paul Grespan, attended in support of the staff recommendations. Mr. Britton circulated a consolidated plan of the three subdivisions, which includes illustration of the proposed neighbourhood parks. He acknowledged the meeting with Ms. Yvonne Fernandes and Ms. Ginny Quinn, stating that he believed most of their issues have been answered. He commented on various aspects of the developments, including: immediate accessibility to parkland for the school and traffic calming measures for Tilt / Stauffer / Groh Drive to address Neighbourhood Association concerns; conservation measures contained in the design brief for protection /monitoring of environmental features and expansion of open space buffers to a minimum of 30% and up to 35-50% in some locations; connectivity of the scenic trail system to the school and surrounding community; Hallman's commitment in regard to previous conveyance of open space lands, and to front-end development of the park the sooner of plan registration or grading; results of a Cross Section Profile Plan to address issues of basement DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 1$, 2007 - 63- CITY OF KITCHENER 17. DTS-07-097 I -09$ I - 099 -PLANNING APPLICATIONS FOR TILT DRIVE tCONT'D) flooding which shows the depths of footings/foundations entirely above ground water tables; and investigation of ground water protection in which Regional ground water mapping shows the development is outside of sensitive areas. Mr. Britton noted that the community plan, greenspace management plan and 2 subwatershed plans have been approved and all are consistent with legislated planning policies. He advised that his clients are in agreement with the staff recommendations and addendum changes and will work with the City to rehabilitate the scenic road corridor. Ms. D. Ross responded to questions, advising that conditions of approval in all 3 plans require preparation of a Corridor Enhancement Plan and landscaping design relative to the scenic roads corridor. She added that conditions also include a Tree Management Plan and distribution of brochures to the community to encourage their stewardship. She suggested that wording could be modified to reflect proper care and maintenance of community trails and agreed to follow-up with Community Services staff in regard to proactive enforcement to ensure development of the trails proceeds in the manner expected. It was also noted that safety of persons is to be addressed as part of the Corridor Enhancement Plan and conditions are included in the standard development agreements to provide for upkeep and maintenance of development lands during the construction phase. Ms. Ginny Quinn spoke to issues concerning protection of ground water and natural areas. She stated that it was her understanding a new pipe system would be used in regard to water recharge and questioned whose responsibility it would be to maintain the pipes. She asked that a reasonable timeframe be set for the developer to comply with fencing around the open space area; distribution of the educational brochure be mandatory and home buyers required to sign in acknowledgement of receiving the brochure; long term monitoring be required beyond completion of development; steps be taken to protect natural wildlife; and controls be implemented to prevent siltation in Doon South and Strasburg Creeks. Ms. D. Ross responded, advising that fencing is required prior to any building permits being issued; staff will work with the developer to ensure residents understand the need for their stewardship; the City would ultimately be responsible for maintenance of underground piping, except that portion under private property; protection measures and monitoring of environmental features is required post-development and beyond, will come into City ownership to be monitored in perpetuity; and natural corridors are being maintained throughout the development for movement of wildlife. Ms. D. Ross advised that a letter was received from Mr. Howard Bellinger, raising concerns that the proposed trail network does not conform to the Doon South Community Plan. Ms. Ross gave assurances that the trail network is in conformity with the community plan. On motion by Councillor K. Galloway - it was resolved: "That the recommendations contained in Development and Technical Services Department report DTS-07-097, (Plan of Subdivision 30T-04204, Zone Change Application ZC 04/20/T/DR and Municipal Plan Amendment Application MP 07/04/T/DR), Doon Creek Ltd. - 374 Tilt Drive, be approved, subject to the following changes: That a new condition be added to Page 12 of report DTS-07-097 as Section 2.2.27: `That prior to registration the SUBDIVIDER agrees to implement improvements to Tilt Drive and Stauffer Drive, at the SUBDIVIDER'S cost, to the satisfaction of the Director of Engineering'; and further, That Zone Change Application ZC 04/20/T/DR be approved in the form shown in the "Proposed By-law" attached to an internal memo (D. Ross), dated June 18, 2007." - and - DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 1$, 2007 - 64- CITY OF KITCHENER 17. DTS-07-097 I -09$ I - 099 -PLANNING APPLICATIONS FOR TILT DRIVE tCONT'D) "That the recommendations contained in Development and Technical Services Department report DTS-07-098, (Plan of Subdivision 30T-04208 and Zone Change Application ZC 04/27/T/DR), Hallman Construction Ltd. - 234 Tilt Drive, be approved, subject to the following changes: That a new condition be added to Page 10 of report DTS-07-098 as Section 2.2.28: `That prior to registration the SUBDIVIDER agrees to implement improvements to Tilt Drive and Stauffer Drive, at the SUBDIVIDER'S cost, to the satisfaction of the Director of Engineering'; and further, That Condition 2.1.3.18 of report DTS-07-098 be deleted and revised as follows: `That prior to Registration, the SUBDIVIDER agrees to submit a Heritage Impact Assessment for the existing house located on Block 12 and municipally addressed 234 Tilt Drive, to be approved by the Director of Planning. Further, the SUBDIVIDER agrees to meet the City's Terms of Reference for the Heritage Impact Assessment, and to implement the approved recommendation(s) of the Heritage Impact Assessment, which may or may not require the reconfiguration and/or relotting of the Plan. The SUBDIVIDER agrees not to conduct any grading on Block 12 or apply for or be issued a building or demolition permit for the existing building on Block 12, municipally addressed 234 Tilt Drive, prior to the implementation of the approved recommendation(s) of the Heritage Impact Assessment; and further, That prior to any grading, the SUBDIVIDER'S Engineer and Cultural Heritage Planning Consultant confirm in writing, that the grading of lands other than on Block 12, would continue to provide the subdivider with the opportunity to conserve the existing house located on Block 12 and municipally addressed 234 Tilt Drive, in situ and in a way which retains the structural and cultural heritage integrity of the house'; and further, That Zone Change Application ZC 04/27/T/DR be approved in the form shown in the "Proposed By-law" attached to an internal memo (D. Ross), dated June 18, 2007." - and - "That the recommendations contained in Development and Technical Services Department report DTS-07-099, (Plan of Subdivision 30T-04209 and Zone Change Application ZC 04/28/T/DR), Barbara Gubler - 230 Tilt Drive, be approved, subject to the following changes: That a new condition be added to Page 8 of report DTS-07-099 as Section 2.2.24: `That prior to registration the SUBDIVIDER agrees to implement improvements to Tilt Drive and Stauffer Drive, at the SUBDIVIDER'S cost, to the satisfaction of the Director of Engineering'; and further, That Zone Change Application ZC 04/28/T/DR be approved in the form shown in the "Proposed By-law" attached to an internal memo (D. Ross), dated June 18, 2007." 18. DTS-07-0$1 -GLASGOW STREET REALIGNMENT WEST OF IRA NEEDLES BLVD The Committee considered Development and Technical Services Department report DTS-07- 081, dated June 8, 2007, regarding the Glasgow Street realignment west of Ira Needles Boulevard. Mr. Paul Britton, MHBC Planning Limited, attended in support of the staff recommendation. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 1$, 2007 - 65- CITY OF KITCHENER 18. DTS-07-0$1 -GLASGOW STREET REALIGNMENT WEST OF IRA NEEDLES BLVD tCONT'D) On motion by Mayor C. Zehr - it was resolved: "That the ultimate design and realignment of Glasgow Street west of Ira Needles Boulevard be determined through a future Environmental Assessment or Plan of Subdivision process; and, That in the interim the City of Kitchener accept the conveyance of the necessary lands from Ira Needles Commercial Centre Joint Venture (INCCJV) to create a `T' intersection at Glasgow Street and Ira Needles Boulevard; and, That at such time as the lands required to create a `T' intersection at Glasgow Street and Ira Needles Boulevard are considered redundant or surplus to the City's needs, the lands are reconveyed back to the owner for nominal consideration; and, That the proposed realignment of Glasgow Street as illustrated by the drawing prepared by Stantec Consulting Ltd., dated May 28, 2007, with respect to Project No. 60310579 be considered as one of the alternative road realignments; and further, That City Staff be authorized to engage in discussions and negotiations with Hydro One towards acquiring surplus Hydro lands to facilitate the ultimate realignment of Glasgow Street, including engaging an appraiser representing the City's interest at the cost of the Ira Needles Commercial Centre Joint Venture and at no cost to the City." 19. DTS-07-102 - ZONE CHANGE APPLICATION ZC 07I10IKIJB - 410 KING STREET WEST - 410 KING PROPERTIES LIMITED The Committee considered Development and Technical Services Department report DTS-07- 102, dated June 14, 2007, regarding Zone Change Application ZC 07/10/K/JB for the property known municipally as 410 King Street West. The Committee received this date a revised recommendation to clarify wording of the condition to be met prior to any readings of the zoning amending by-law, as it relates to receiving written response from the Ministry of Environment as to their position in regard to removal of the Holding Provision. A revised "Proposed By-law", dated June 18, 2007, was also received this date, modified to correctly reference the legal description of the subject property. On motion by Councillor J. Smola - it was resolved: "That Zone Change Application ZC 07/10/K/JB (410 King Properties Limited and 45 Victoria Street Limited - 410 King Street West) for the purpose of changing the zoning from Warehouse District Zone (D-6) with Holding Provision 9H and Special Use Provision 1380 to Warehouse District Zone (D-6) with Special Use Provision 1380 on lands legally described as Part of Lots 58, 59, 111, 112, 113, 115, 116 and 117, and Part of Lane (closed by By-law 1493 registered as Instrument No. A-36735), Registered Plan 374, designated as Part 12 on Plan 58R-14293, in the City of Kitchener, be approved in the form shown in the "Proposed By-law" dated June 18, 2007, but should not receive three readings at Council until the City is either in receipt of a letter from the Ministry of Environment indicating that they have no concerns with the removal of the Holding Provision or such other documentation issued by the Ministry of the Environment acknowledging the terms under which residential use may occur." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 1$, 2007 - 66- CITY OF KITCHENER 20. DTS-07-112 - TRAFFIC REVIEW -PIONEER DRIVE FROM DOON VILLAGE ROAD TO BECHTEL DRIVE The Committee considered Development and Technical Services Department report DTS-07- 112, dated June 12, 2007, regarding a traffic review for Pioneer Drive from Doon Village Road to Bechtel Drive. Mr. J. McBride commented that Pioneer Drive is typical of a number of minor collector roadways throughout the City currently experiencing increased traffic and speeding. He pointed out that Pioneer Drive is the highest priority street on the list for 2008. In the interim, staff is proposing continued monitoring; increased Police enforcement; and use of the City's Speed Advisory Program to educate drivers about their driving habits. Mr. McBride responded to questions, advising that additional streets, such as Heritage Drive, have already been added to those committed to in 2007 and there is no ability at this time to do more. At the earliest, he anticipated that those streets next on the priority list could be looked at in late 2007 (November /December). At the request of Councillor G. Lorentz, Mr. McBride agreed to immediately address painting of the yellow dividing line on the newly paved portion of Pioneer Drive. On motion by Councillor J. Smola - it was resolved: "That Transportation Planning continue to monitor Pioneer Drive with regards to speeding and vehicular volume; and, That volume and speed data be forwarded to the Waterloo Regional Police for enforcement; and, That staff schedule the City's Speed Advisory Program to educate drivers about speeding on Pioneer Drive; and further, That the Speed Advisory Program be made available to the residents of Pioneer Drive." 21. DTS-07-07$ - TRAFFIC CALMING -CHANDLER DRIVE The Committee considered Development and Technical Services Department report DTS-07- 078, dated June 13, 2007, regarding traffic calming on Chandler Drive. On motion by Councillor K. Galloway - it was resolved: "That a raised pedestrian crosswalk with curb extensions be installed on Chandler Drive at the north property limit of the Chandler-Mowat Community Centre; and, That an intersection narrowing be installed on Chandler Drive at Elmsdale Drive; and further, That two (2) speed humps be installed on Chandler Drive between Elmsdale Drive and Strasburg Road." 22. DTS-07-056 -NEW SIGN BY-LAW -CHAPTER 6$0 OF THE MUNICIPAL CODE The Committee considered Development and Technical Services Department report DTS-07- 056, dated May 16, 2007, regarding changes to the Sign By-law (Chapter 680 of the Municipal Code). Mr. Brian Page presented details of the proposed new Sign By-law, which if approved will repeal and replace existing Chapter 680 (Signs) of the City's Municipal Code. Mr. Page advised of minor modifications required to report DTS-07-056 to: revise Map A-2 in Appendix `C'; add an additional email to Appendix `A'; and revise the definition of "Huron Business Park" by deleting reference to "Westmount Road East" and replacing it with "Fischer-Hallman Road". DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 1$, 2007 - 67- CITY OF KITCHENER 22. DTS-07-056 -NEW SIGN BY-LAW -CHAPTER 6$0 OF THE MUNICIPAL CODE tCONT'D) Highlights of his presentation, included: guiding principles and purpose of the by-law; housekeeping amendments; and criteria for the various types of signs. It was noted that existing "ground" and "pylon" signs have been combined into one comprehensive sign type, defined as "Ground Supported" signs. The distance separation for a pylon sign from a ground supported sign has been increased from 10 m to 25 m; a compromise from staff's original proposal of a 50 m separation. Significant issues were identified with third party (non-accessory) and directional signs for the development industry. Under the new by-law, the development industry will be permitted to erect a New Home Development sign only on the lands where the development is taking place and will require a permit. Directional signs are now proposed to be regulated in size, location and number. The number of days a campaign sign may be erected for purposes of a municipal election is being changed from 35 days prior to the election to 45 days in concert with the last day of nominations. Mr. Shayne Turner spoke to enforcement under the by-law, including: immediate removal of signs in contravention without notice if warranted (ie. safety issues); storage of signs removed up to 30 days during which an owner may reclaim the sign for a fee; and unclaimed signs after the 30 day period will be destroyed/disposed of by the City. It was noted that staff is investigating potential to establish a method of ticketing that would involve applying to the Province for set fines. Mr. Page advised that staff is recommending afollow-up review to assess impacts of the new by-law, with a report to come forward at year-end 2008 with any recommended modifications. In addition, staff is recommending establishment of a working group with representatives of the portable sign industry, citizens and business owners to review regulations governing portable signs. Mr. Scott Piatkowski, resident, requested consideration of increasing the number of days for posting campaign signs for municipal elections to greater than 45 days, so that these signs may be posted on September 1 as opposed to October 1. In response to Councillor J. Gazzola, Mr. S. Turner stated that while staff has no strong conviction for or against, the purpose of a set time is to restrict proliferation and he questioned durability of the signs over long periods. He noted that 45 days appears to be an accepted practice among other municipalities and coincides with the last day of nominations. Councillor J. Gazzola expressed the opinion that the delegation made a good point, in that, new candidates require as much time as possible to make themselves known to the community and could see no difficulty in accommodating the requested timeframe. Mr. Peter Hall, Managing Director, CB Richard Ellis Real Estate, asked that consideration be given to expanding the size of real estate signs from 6m2 (8 x 8) to 128 sq.ft. for reasons of safety and proper support. He also asked that the industry be allowed to use banner signs, as opposed to fascia signs, for large developments. Mr. Brian Page stated that banners wear out after time, becoming less taught and secure. Real estate signs are erected for long periods of time and it was thought enough variables have been incorporated into the criteria such that use of banners is not appropriate or necessary for this industry. He added that fascia signs are permitted in this industry, allowing up to a maximum of 35% wall coverage. Mr. Hall raised concerns with the cost of fascia signs and asked that flexibility be given on larger building lots. He stated that the industry uses high quality vinyl banners and suggested these would be better than having 6m2 signs every 15 m. Mr. Page suggested that use of projecting signs could be looked at in place of a banner. Mr. Michael Gaudreau, React Mobile Signs Ltd., raised concerns with respect to the increase in separation distance for portable signs from 10 m to 25 m. He stated that on average property frontages are small with 4 or 5 businesses at one location. In his opinion, the new restriction would effectively create a ban on portable signs and have a direct financial impact on those who rely on this type of sign to promote their business. He disagreed with the staff recommendation for further review of portable signs, expressing the opinion that time should be taken now to DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 1$, 2007 - 6$- CITY OF KITCHENER 22. DTS-07-056 -NEW SIGN BY-LAW -CHAPTER 6$0 OF THE MUNICIPAL CODE tCONT'D) make the right decisions so that the matter does not have to come back again next year. He asked that a decision not be made today and the matter be referred back to Committee to resolve problematic issues raised this date. Mr. Dave Lamka, A to Z Signs, raised concerns with the new sign type, Ground Supported Signs, suggesting they would dominate the landscape and create a narrowing effect on streets. He asked that this type of sign be removed from the by-law. He suggested that local businesses still need to use mobile signs and the 10 m separation distance works well. He also agreed that the new restriction would cause many businesses to loose their mobile signs and asked that the distance separation remain at 10 m. Mr. Lamka also raised concerns with the location maps provided by City staff that do not clearly indicate where the sign is to be located on the business property; creating confusion and often resulting in the business owner being requested to move the signage or the sign being removed by the City for contravention of the by-law. In response to Councillor G. Lorentz, Mr. S. Turner advised that on average notification will be given prior to a sign being removed and only if criteria warrants, ie. safety /visibility concerns, will a sign be removed without notification. Mr. B. Page spoke to the issue of the locational diagrams, advising that staff is in the process of developing a method of providing more accurate diagrams through the use of Onpoint technology. Difficulties have been encountered with obtaining property owner's agreement to place markers for reference points; however, he noted that they are required to be on landscape plans for new sites. Mr. S. Turner added that staff is also pursuing wireless technology for inspection staff to have capability of determining accuracy of sign locations in the field. In regard to issues raised by Mr. Lamka concerning ground supported signs, Mayor C. Zehr questioned if there was potential for the kind of proliferation the delegation had illustrated. Mr. Page advised that the type of signs Mr. Lamka had demonstrated more closely resemble those classified as a tower sign, which he has not seen in Kitchener, and suggested it was misleading to say that Kitchener would look like that because portables might not be allowed. Councillor B. Vrbanovic suggested that in light of the issues raised this date, consideration of approving the new Sign By-law be delayed until the June 25 Council meeting. In particular, he noted issues concerning the length of time for posting election signs and expressed the opinion that the proposed fee for removal, storage/reclaiming was too excessive for this type of sign. He added that he was of the opinion the proposed separation distance for portables was also excessive and should remain at 10 m. He pointed out that charitable organizations and schools use this type of sign to advertise events and he would like to see more than a 2 month timeframe in which these organizations may make use of a portable sign. Mayor C. Zehr also agreed that election campaign signs should be permitted to be erected for a longer period of time. In addition, he agreed with deferral of the matter for one week, and asked that staff consider the impact if a lesser distance separation of 15 or 20 m was implemented for portable signs; as well as the number of businesses that would be affected in this regard. Councillor G. Lorentz agreed with deferral, but suggested that a longer period of time was needed to allow staff to consult further with the industry in regard to the 25 m separation distance. In response to Councillor C. Weylie, Mr. S. Turner advised that at this time it is not clear as to what impact increased enforcement will have on existing resources and dependent on direction of Council, staff propose to develop options and report back to Council later this year with financial implications. On motion by Mayor C. Zehr- it was resolved: "That the recommendations contained in Development and Technical Services Department report DTS-07-056, dated May 16, 2007, concerning adoption of a new Sign By-law (Chapter 680 of the Municipal Code) and minor modifications proposed to report DTS-07-056 to revise Map A-2 in Appendix C; add an additional written submission to DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JUNE 1$, 2007 - 69- CITY OF KITCHENER 22. DTS-07-056 -NEW SIGN BY-LAW -CHAPTER 6$0 OF THE MUNICIPAL CODE tCONT'D) Appendix A; and revise the definition of "Huron Business Park" by deleting reference to "Westmount Road East" and replacing it with "Fischer-Hallman Road", be referred for further consideration to the June 25, 2007 Council meeting, pending additional information from staff concerning issues raised regarding campaign election signs; notice for removal of signs; and accurate measurements for sign locations." 23. NUISANCE BY-LAW At the request of Councillor J. Gazzola, Mr. S. Turner provided an update on the status of developing a nuisance by-law, advising that concerns were raised by citizens representing marginalized groups and it is desired to allow sufficient time for dialogue with them to ensure their comments are heard and considered. He stated that a report is anticipated for the fall of 2007. Mayor C. Zehr noted that he has also received concerns in this regard and suggested that it would be appropriate to meet with these groups to explain the rationale behind the proposed by- law and ensure they have an opportunity to provide their input. At the request of Councillor J. Gazzola, Mr. S. Turner agreed to provide members of Council with a copy of an issue paper circulated to Neighbourhood Associations and various organizations/agencies concerning this matter. 24. CONSTRUCTION NOISE - MANULIFE I JOSEPH STREET Ms. Maddox, Joseph Street resident, raised concerns regarding ongoing construction in the area of Joseph Street, Victoria Park and the Manulife Centre. In particular, Ms. Maddox raised issue with Manulife and the work they are proposing to do on their garage structure over the coming months. She pointed out that it has been virtually impossible to have any enjoyment of property over the past 3 years due to ongoing construction in the area and advised that Manulife has been unresponsive in attempts to dialogue with them in regard to their next phase of construction. She asked that the City work with the residents to address their concerns with Manulife. Mayor C. Zehr advised that some concerns could be dealt with by staff but gave assurance to the delegation that he would personally follow-up with the highest ranking officials at Manulife to garner co-operation in addressing these issues. 25. ADJOURNMENT On motion, the meeting adjourned at 10:25 p.m. D. Gilchrist J. Billett Committee Administrator Committee Administrator