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HomeMy WebLinkAboutDev & Tech Svcs - 2007-11-19DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 19, 2007 CITY OF KITCHENER The Development and Technical Services Committee met this date, commencing at 6:00 p.m. Present: Councillor C. Weylie -Chair Mayor C. Zehr and Councillors J. Gazzola, J. Smola, K. Galloway, G. Lorentz and B. Vrbanovic Staff: C. Ladd, Chief Administrative Officer R. Browning, General Manager of Development & Technical Services L. MacDonald, Director of Legal Services G. Murphy, Director of Engineering J. Willmer, Director of Planning R. Regier, Executive Director, Economic Development M. Selling, Director of Building/Acting J. Weber, Deputy Fire Chief P. Mellor, Chief Fire Prevention Officer D. Ross, Manager of Development Review C. Bluhm, Urban Investment Advisor D. Gilchrist, Committee Administrator 1. DTS-07-175 - ON-STREET PARKING -LAKESIDE DRIVE The Committee considered Development & Technical Services Department report DTS-07-175, dated October 25, 2007, recommending the prohibition of on-street parking on a portion of Lakeside Drive. On motion by Councillor K. Galloway - it was resolved: "That on-street parking be prohibited at anytime on the south side of Lakeside Drive from a point 69 metres east of Broadleaf Place to a point 53 metres east/south thereof; and further, That the Uniform Traffic By-law be amended accordingly." 2. DTS-07-171 -SCHOOL BUS LOADING ZONE AT COUNTRY HILLS SCHOOL The Committee considered Development & Technical Services Department report DTS-07-171, dated October 22, 2007, recommending the designation of a school bus loading zone at Country Hills Public School. On motion by Councillor K. Galloway - it was resolved: "That a School Bus Loading Zone be established on the south side of Country Hills Drive from a point 210 metres east of Old Country Drive to a point 39 metres east thereof; and further, That the Uniform Traffic Bylaw be amended accordingly." 3. DTS-07-17$ -PROPOSED ZONING BY LAW AMENDMENT AND OFFICIAL PLAN AMENDMENT - 160 OTTAWA STREET NORTH The Committee considered Development & Technical Services Department report DTS-07-178, dated November 8, 2007, recommending that the zone change application submitted on behalf of Classy Auto Service, for the property municipally known as 160 Ottawa Street North not be processed until an application for an Official Plan Amendment has been submitted for this property, to be processed concurrently with the zone change application. Staff's opinion is that an Official Plan Amendment is required based on their opinion that this former service station site has been abandoned; therefore, the Official Plan policy that would allow the property to be rezoned from Service Station to automotive repair with an accessory use, no longer applies. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 19, 2007 - 99 - CITY OF KITCHENER 3. DTS-07-17$ -PROPOSED ZONING BY LAW AMENDMENT AND OFFICIAL PLAN AMENDMENT - 160 OTTAWA STREET NORTH tCONT'D) Ms. D. Ross explained that Mr. Farengo used this premises for motor vehicle repair when the Service Station was operational. Since the gas station closed, Mr. Farengo has moved to another property to conduct his motor vehicle repair business; consequently, staff is of the opinion that the property at 160 Ottawa Street North has been abandoned. Ms. Ross stated that the intent of Section 3.1.2.6 of the City's Official Plan is to allow for the continuation of motor vehicle repair businesses that were secondary to gas service stations. However, in this situation the motor vehicle repair business ceased on the property and moved elsewhere. Staff recommended that the applicant come before this Committee to explain why they disagree with staff's position on this matter. Mr. T. Hardacre, Planning & Engineering Initiatives, and Mr. R. Biggs, Solicitor, were in attendance on behalf of Mr. Farenga and Classy Auto Service to explain their point of view on this matter. The Committee was in receipt, this date, of a written submission from Mr. Hardacre, in this regard. Mr. Hardacre referred to page 2 of his written submission, in which he explains how this property complies with all aspect of Section 3.1.2.6 of the City's Official Plan. With respect to abandonment of this site, Mr. Hardacre referred to a letter from Shell Canada, dated July 16, 2007, confirming that the site has not been abandoned, that Mr. Farenga had to leave this property in order that Shell could remediate the site, and that the Farenga family intend to purchase this property from Shell with the intension of resuming the motor vehicle repair and sales use on this property. Mr. Hardacre asked the Committee to determine that his site conforms to Official Plan Policy 3.1.2.6, and direct staff to process the zone change application. With respect to the Wellhead Protection Sensitivity Area, staff and Mr. Hardacre assured the Committee that his property is in Area 4, as identified in the Regional Official Policies Plan (ROPP), and the proposed use is not prohibited in the ROPP. Ms. Ross explained the Official Plan Policy 3.1.2.6 was intended to protect existing mechanics on site, so that they would be able to continue their business; however, if the mechanic left the site, then the use of the land should become more compatible with the Official Plan designation. Mr. Biggs addressed the Committee respecting compliance with the Official Plan Policy 3.1.2.6, stating that the use of this property as a functioning gas station existed as of November 13, 1990. With respect to abandonment, Mr. Farenga was a tenant at this property until Shell ended the tenancy so that they could remediate the site, which included some soil testing that took place in the building. He asked that the Committee look favourably on Mr. Farenga's request. Councillor J. Smola put forward a motion to approve Mr. Farenga's request and not require an Official Plan Amendment for this property, for the proposed use, based on an interpretation that Mr. Farenga did not abandon this property. On motion by Councillor J. Smola - it was resolved: "That based on the interpretation that the service station site at 160 Ottawa Street North has not been abandoned, an Official Plan amendment not be required prior to processing the zone change application submitted on behalf of Classy Auto Service; and further, That the zone change application, submitted on behalf of Classy Auto Service, to change the zoning at 160 Ottawa Street North to permit the use of this property for motor vehicle repair and sales and convenience retail as an accessory use to motor vehicle repair, be circulated." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 19, 2007 - 100 - CITY OF KITCHENER 4. REPORT -CIVIC DISTRICT VISIONING COMMITTEE - RESULTS OF PUBLIC PROCESS The Committee considered a report from the Civic District Visioning Team, dated November 12, 2007, outlining the process taken to date on visioning the future of the Civic District. Included in the report are details of the public input received by the team, and recommendations for future actions. Mr. D. Bourgeois, Registry Theatre, presented the report on behalf of the Civic District Visioning Team. He reviewed what had transpired at the August 13, 2007, Development and Technical Services Committee meeting, when this team made its last presentation. Mr. Bourgeois advised that since that time the team has undertaken a public consultation process, including: public information sessions, development of a web site, a survey, a public meeting, design charette, and public discourse. The survey results indicted that the public wants the Civic District to be a people place, a creative space, a place for cultural learning and creative businesses. The public wants open public spaces, restaurants, outdoor theatre and art studios. Key objective identified for the Civic District include: that the district be people friendly, that there be open space with public walkways, that parking be moved from surface to underground, and that the library be expanded. Mr. Bourgeois advised that a consistent comment received through all the avenues of public consultation was that we should "Think Big! And Do it Right!" Councillor Gazzola stated that he is uncertain as to what the team is requesting, as the results of the public consultation could apply to any block of land within the City. Mr. Bourgeois responded that this is a major block of land in which the City of Kitchener owns a lot of the property. There is an opportunity as to what to do in this area. Each institution has its own priorities, but for any of the institutions to maximize their ability to serve the public, it would be better if they could work together. For example, parking is an issue that needs to be resolved collectively, and can't be resolved independently by each institution. Further, there are some things that don't apply to other blocks of landing the City, such as the arts and culture focus. Councillor Gazzola questioned what is different today from the vision that was put forward for the Civic District in the 1960's. Mr. Bourgeois responded that there has been a vision identified by the public, and the team is asking for the City's support to endorse the development of this vision with details. Since the 1960's the focus for this area has changed to arts and culture. The team believes there is a role for City staff to play in this process and the team needs to draw on staff's expertise. Councillor Gazzola questioned the cross-section of people who participated in the public consultation process. Mr. Bourgeois responded that there were a broad range of people who responded through the various avenues for participation, but the team has no demographic information on who responded. With respect to the desire for more restaurants in this are, Mr. Bourgeois advised that we need types of activities for longer periods of time, and restauranters need to know that it's worth making an investment. Mayor Zehr questioned whether, during the visioning process, any discussion took place about a time frame for implementation. Mr. Bourgeois advised that through the visioning process members of the public were asked to vision what they wanted to see in the Civic District in 10 to 20 years. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 19, 2007 - 101 - CITY OF KITCHENER 4. REPORT -CIVIC DISTRICT VISIONING COMMITTEE - RESULTS OF PUBLIC PROCESS tCONT'D) Councillor Galloway questioned whether staff felt they had the time and resources to comply with the Civic District Team's request. Mr. Regier advised that the Civic District could fit within the existing staff compliment, depending on the process, and the objectives could inform other projects. He stated that at this time staff could accommodate this work on a periodic basis. Councillor Vrbanovic moved the recommendation in the report, and thanked the Civic District Team for the work they have undertaken to date. He suggested that the City can either wait or be proactive. He stated that this team has obtained a reasonable amount of public input. When we look at the importance of arts and culture, we recognize that it is a significant resource, and as we build-up the knowledge base, the demands for arts and culture will increase. Councillor Lorentz advised of his support for this process, noting it will be a long journey, and there needs to be a comprehensive plan. He questioned whether Council will be receiving an update on the main library. Ms. Lewis responded that the Library Board will soon be coming forward with a report, but they wanted to wait until receipt of public input on the Civic District. The input received on the role of the library, partnerships, parking, and the desire to focus on arts and culture, is practical information to take into consideration. Ms. Lewis stated that she thinks the library project can move ahead and take into consideration what the public wants for the district as a whole. Upon questioning, Mr. Bourgeois advised that the Civic District Team will report to this Committee with more detailed information within the next 12 months. On motion by Councillor B. Vrbanovic - it was resolved: "That the City of Kitchener endorse the development of a greater vision for the Civic District, based on the findings of the visioning exercise, that is focussed on enhanced arts, cultural, educational and related uses within the Civic District, to be presented to Council for approval at a later date; and further, That staff be directed (Chief Administrator's Office, Development and Technical Services, and Community Services) to work with the Civic District Visioning Team to develop: a) a comprehensive plan, b) partnerships including neighbourhood associations, Region of Waterloo, Province of Ontario, Government of Canada, major educational institutions, private sector, and others who have an interest and potential role that is consistent with the greater vision; and, c) a proposed model for the implementation of the comprehensive plan." 5. DTS-07-1$3 -ZONE CHANGE APPLICATION ZCO7I05IDIJB - 5$ DANIEL AVENUE The Committee considered Development & Technical Services Department report DTS-07-183, dated November 13, 2007, recommending the rezoning of 58 Daniel Avenue from Residential Three Zone (R-3) to Residential Three Zone (R-3) with a holding provision that will prevent any new development on this land until the necessary transportation improvements have been completed in the Bridgeport area. Ms. Ross advised that previously staff recommended a change in zoning from Residential Three (R-3) Zone to Residential Four (R-4) Zone with a holding provision. Following discussions between staff, the Ward Councillor, the applicant and the neighbours, staff is now recommending a zone change from Residential Three (R-3) Zone to Residential Three (R-3) Zone with a holding providing that no new development will be permitted on the land until the necessary transportation improvements have been completed in the Bridgeport area. Mr. K. Krieck, a neighbourhood resident, and Mr. M. Kovacevic, the applicant, were in attendance, both in support of the staff recommendation. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 19, 2007 - 102 - CITY OF KITCHENER 5. DTS-07-1$3 -ZONE CHANGE APPLICATION ZCO7I05IDIJB - 5$ DANIEL AVENUE tCONT'D) On motion by Councillor J. Smola - it was resolved: "That Zone Change Application ZC07/05/D/JB (58 Daniel Ave, M&L Kovacevic) for the purpose of changing the zoning from Residential Three Zone (R-3) to Residential Three Zone (R-3) with Holding Provision 18[H] to prevent any new development until necessary transportation improvements have been completed in the Bridgeport area, be approved in the form shown in the "Proposed By-law" attached to Development & Technical Services Department report DTS-07-183, dated November 13, 2007, without conditions." 6. DTS-07-174 -ZONE CHANGE APPLICATION ZCO7I20IB/BS - 1904 - 2066 BLEAMS ROAD tEBY ESTATES) The Committee considered Development & Technical Services Department report DTS-07-174, dated October 26, 2007, recommending a zone change for the properties municipally known as 1904 to 2066 Bleams Road. This rezoning would lift the holding provision from the residential zoning on these lands, as the Region has acknowledged a Record of Site Condition. The amending zoning by-law will also renumber Special Regulation Provision 450R to 473R, and Special Regulation Provision 403R is being amended to clarify the minimum lot width, area, and garage regulations apply to single detached and duplex dwellings. On motion by Councillor Kelly Galloway - it was resolved: "That Zone Change Application ZC07/20/2/BS for the lands legally described as Part of Lots 130 to 132, German Company Tract and municipally known as 1904, 2044, 2060, 2062 and 2066 Bleams Road as outlined in Development and Technical Services Department Report DTS-07-174, be approved without conditions in the form shown in the Proposed By-law dated October 26th, 2007 attached to said report." 7. DTS-07-141 -EMERGENCY SERVICES POLICY The Committee considered Development & Technical Services Department report DTS-07-174, dated October 26, 2007, outlining and providing an Emergency Service Policy which will address the lack of such things as adequate water sources, and necessary fire route signage, for the fire fighting in developments containing only small buildings such as townhomes. These requirements are not currently included in any regulations or policies of the City of Kitchener. Messrs. Weber and Mellor presented the proposed Emergency Services Policy, noting the intent of the policy is to put all of the City's requirements for emergency services in one place. There has been extensive consultation with all affected City staff in preparation of this policy; which will, once approved, be available to staff and the public, and will be incorporated into the City's Urban Design Guidelines. The major change from the current policy is the inclusion of water supply. Upon questioning Mr. Mellor advised that staff have not consulted with the development industry on this policy as it was thought that it would be difficult to get a consensus. Mr. Selling advised that although the requirement for water supply is new to this policy, the Building Division has been making water supply a requirement for these types of developments. However, the Building Division has been advised that it can no longer make water supply a condition of building permit issuance, so it has been included in this policy. Staff is not asking for anything new; however, it is necessary to include the provision of water supply as a City policy. It was the opinion of several Committee members that there should be some consultation with the development industry before this policy receives final consideration, and Councilor Lorentz recommended consultation with the Cities of Cambridge and Waterloo, with the intent that this policy might be consistent across the urban areas of the Region. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 19, 2007 - 103 - CITY OF KITCHENER 7. DTS-07-141 -EMERGENCY SERVICES POLICY tCONT'D) On motion by Councillor J. Gazzola - it was resolved: "That consideration of the following recommendation respecting an Emergency Service Policy be deferred and referred to the Council meeting of December 10, 2007, to allow staff and opportunity to discuss this proposed policy with the development industry and the Cities of Cambridge and Waterloo: `That Council Policy I-1035 (Emergency Access and Multiple Unit Identification Signs) be repealed and replaced with the Emergency Service Policy attached to Development & Technical Services Department Report DTS-07-141."' $. ADJOURNMENT On motion, the meeting adjourned at 7:30 p.m. D. Gilchrist Committee Administrator