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HomeMy WebLinkAboutDev & Tech Svcs - 2008-03-03DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 3, 2008 CITY OF KITCHENER The Development and Technical Services Committee met this date, commencing at 3:06 p.m. Present: Councillor C. Weylie -Chair Mayor C. Zehr and Councillors J. Gazzola, J. Smola, K. Galloway, and G. Lorentz Councillor B. Vrbanovic was in attendance for part of the meeting. Staff: C. Ladd, Chief Administrative Officer R. Browning, General Manager, Development & Technical Services T. Speck, General Manager, Corporate Services G. Murphy, Director of Engineering J. Willmer, Director of Planning K. Weiss, Director, Business Development A. Pinard, Manager Long Range Planning D. Ross, Manager Development Review B. Sloan, Senior Planner B. Korah, Manager Development Engineering B. Steiner, Senior Environmental Planner D. Gilchrist, Committee Administrator 1. DTS-08-032 - ALDER STRASBURG CREEK WATERSHED STUDY -UPDATE ON UPPER STRASBURG CREEK WATERSHED PLAN -AND- DTS-08-034 - UPPER STRASBURG CREEK CLASS ENVIRONMENTAL ASSESSMENT REPORT The Committee considered Development & Technical Services Department report DTS-08-032, dated February 7, 2008, recommending that the Alder Creek Watershed Study and Upper Strasburg Creek Watershed Plan Update, prepared by CH2MHill and North-South Environmental Inc., dated January 2008, be adopted and approved. The Committee also considered Development & Technical Services Department report DTS-08- 034, dated February 12, 2008, recommending that the Upper Strasburg Creek Class Environmental Assessment, prepared by CH2MHill and North-South Environmental Inc., dated January 2008, be receive and filed with the Ministry of the Environment for the mandatory 30 day review period. Mr. T. Mahood, CH2MHill and Ms. B. Brown, Grand River Conservation Authority were in attendance, and Mr. Mahood presented these studies. In response to questioning by Mayor Zehr, Mr. Mahood confirmed that those matters of Regional concern will happen as a matter of course. Mr. P. Britton, MHBC Planning, was in attendance on behalf of owners of land within Area #2 in these reports, and as these 2 reports along with staffs report DTS-08-013 -Southwest Kitchener - Direction Regarding Development Applications are all related, and he will be addressing all three matters. He stated that he has been engaged by these aggregate producers for many years, their gravel pits are almost complete, and there is now an opportunity to appropriately deal with these lands. Area #2 as identified in these reports is the City's largest Brownfield remediation opportunity. He advised that the Alder Study conflicts with his clients' legally required remediation. He advised that his clients are willing to work with the City's Growth Management Study when it is finalized and asked that the City work with him and his clients regarding land use and the conflicts that exist between the watershed study and his clients' legal rehabilitation requirements. Mr. Britton provided the Committee members, this date, with a memorandum dated March 3, 2008, listing 5 recommendations. He referred to recommendation #4 in the memorandum which states as follows: "That the recommendations of the Alder Strasburg Creek Watershed Study and Upper Strasburg Creek Watershed Plan Update that relate to maintaining the form of the gravel pits be received for information at this time, pending consideration of comprehensive 1. DTS-08-032 -ALDER STRASBURG CREEK WATERSHED STUDY -UPDATE ON UPPER DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 3, 2008 -11 - CITY OF KITCHENER STRASBURG CREEK WATERSHED PLAN, CONT'D -AND- DTS-08-034 - UPPER STRASBURG CREEK CLASS ENVIRONMENTAL ASSESSMENT REPORT, CONT'D grading, rehabilitation remediation and servicing/stormwater management schemes." Mr. Britton stated that he is concerned that the requirement to maintain the form of the gravel pits could frustrate other objectives, and he noted that there are steep slopes. He recommended that the requirement to maintain the form of the gravel pits be dealt with through the remediation schemes. Mr. Britton next referred to his recommendation #5, which states "That the Alder Strasburg Creek Watershed Study be clarified such that required chloride impact studies distinguish chloride application rates as between arterial, collector and local roads." He stated that he is seeking clarity regarding chloride application rates. Mr. Mahood advised that he was aware of Mr. Britton's concerns, and has met with him on numerous occasions. Mr. Mahood advised that he can not say how the recommendations of the studies may conflict with the remediation required through Mr. Britton's clients' gravel pit licences. He advised that the Region's technical staff wanted to maintain the hydrogeology through these requirements in the report. Respecting chloride application rates, Mr. Mahood advised that the application rates do provide flexibility, and Ms. Brown advised that they can review the requirements respecting chloride application rates. Mr. Britton responded that there is a problem with the chloride impact assessment that was used in this study as well as the application rates. These matters have been overstated and they will have to do a study for local and collector roads. He stated that there is a conflict with the infiltration rates with respect to Area #2, as these gravel pits are an interim use of land. He advised that they need to deal with the interrelated issues with all the information available. He requested that the Committee defer its consideration of these studies. In response to questions from Councillor Lorentz, Mr. Britton advised that his clients had to submit a rehabilitation plan at the time they applied for their gravel pit licence, and it must be complied with unless it is formally amended. Mr. Britton noted that the use of these lands for gravel pits predates this area becoming part of the City's urban area, and they are required to rehabilitate to an agricultural standard. This plan needs to be amended to rehabilitate the land for urban use, but this can not take place until the land is brought into the urban area through the City's policy documents. He advised that within the Regional Plan this part of the City is in the City's urban area, but not so in the City's plan. Rehabilitation will take to the standard of what the land use will be. This is a complex process but it is important to get on with the land use determination. He advised that a high infiltration rate will affect the servicing scheme and road profiles, and this will frustrate planning considerations. Mayor Zehr questioned whether the issues are so fundamentally or philosophically different that they can not be bridged because of jurisdiction. Mr. Britton responded that he is quite prepared to work through this with staff, to a resolution. Mr. Korah stated that it is important to maintain infiltration rates; further staff can work with the Region and the developers. Regarding chloride application rates, Mr. Korah advised that staff can work with the Region and the developers through the subdivision design process to determine these rates. Mayor Zehr stated that he is not in a position to deal with these matters today. He recommended that these reports be deferred to allow staff, the developers and the consultant to work out these issues. Further, when this matter does come back to Council or this Committee for consideration, it should be presented in layman's terms. DTS-08-032 -ALDER STRASBURG CREEK WATERSHED STUDY -UPDATE ON UPPER STRASBURG CREEK WATERSHED PLAN, CONT'D DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 3, 2008 -12 - CITY OF KITCHENER -AND- DTS-08-034 - UPPER STRASBURG CREEK CLASS ENVIRONMENTAL ASSESSMENT REPORT, CONT'D Councillor B. Vrbanovic entered the meeting at this time. Mr. P. Smith, Bousfield Inc., was in attendance on behalf of Cook Homes, who own land on the south side of Area #3, in support of the staff recommendations. He noted that comprehensive stormwater management plans are to be required for each sub-area. He requested that in order to allow for flexibility, each land owner be allowed to prepared these stormwater management plans for their own lands. Mr. Korah advised that staff agree with Mr. Smith's comments. Upon questioning, Mr. Willmer advised that Development and Technical Services Department report DTS-08-013 is interrelated with these 2 staff reports. Mayor Zehr stated that he is not prepared to give final consideration to these 2 staff reports at this time. He recommended deferring consideration of these matters to the March 17th Council meeting, and if they can not be dealt with succinctly at that time, they can be deferred to the Development and Technical Services Committee meeting of March 31, 2008. Mr. Britton noted there are 4 areas in these studies. He advised of his support for Area #1. He stated that he has no substantive issues with Area #4, but he has concerns with Area #2 which is the gravel pit lands. He also advised that he has concerns about chloride in all areas, and, respecting stormwater management, he would like to explore solutions with Areas #2 and #3 together. On motion by Mayor C. Zehr - it was resolved: "That consideration of the following recommendations, contained in Development and Technical Services Department report DTS-08-032 (Alder Strasburg Creek Watershed Study -Update on Upper Strasburg Creek Watershed Plan} and Development and technical Services Department report DTS-08-034 (Upper Strasburg Creek Class Environmental Assessment Report}, be deferred and referred to the Council meeting of March 17, 2008, to allow an opportunity for staff and the City's consultant CH2MHill to meet with the representatives of the affected property owners: (a} That the Alder Creek Watershed Study and Upper Strasburg Creek Watershed Plan Update, prepared By CH2MHill and North-South Environmental Inc., dated January, 2008 be received; and further; That the Alder Creek Strasburg Watershed Study and Upper Strasburg Creek Watershed Plan Update be adopted and approved in its entirety. (b} That the Upper Strasburg Creek Class Environmental Assessment Report prepared by CH2MHill and North-South Environmental Inc., dated January 2008 be received; and further, That the Upper Strasburg Creek Class Environmental Assessment Report be filed with the Ministry of Environment for the mandatory thirty (30} day review period as required by the Environmental Assessment Act." 2. DTS-08-013 - SOUTHWEST KITCHENER -DIRECTION REGARDING DEVELOPMENT DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 3, 2008 -13 - CITY OF KITCHENER APPLICATIONS The Committee considered Development and Technical Services Department report DTS-08-013, dated February 25, 2008, recommending that the processing of development applications for Southwest Kitchener be postponed pending completion of the Kitchener Growth Management Study, as well as transportation master planning and the development of a vision and design principles for the Fischer-Hallman corridor. The Committee also considered an addendum to recommendation #5 in this staff report, distributed this date, such that subdivision priorities in 2008 be guided by the transitional Staging Report that was approved by Council in June 2007. Mr. B. Sloan presented both the report and the addendum. Mr. P. Britton, MHBC Planning, was in attendance on behalf of the owners of the gravel pits, advising he has been working on this area of the last 20 years. He stated that he is quite prepared to work with City staff on growth management. In reference to staffs first recommendation, Mr. Britton advised that there were several processes underway when Council considered this Business Park designation. The Business Park designation was rejected for various reasons; one consideration being the proximity of the Mannheim facility. He asked the Committee to confirm the notion of removing the Business Park designation from any further consideration. With respect to staffs recommendation #2, Mr. Britton requested that one Official Plan Amendment be processed for the area south of Bleams Road; as there will be a need for interrelated servicing, design and stormwater management in this area. Mr. Willmer noted that there were a series of decisions made respecting the Business Park land use designation, particularly in relation to the designation of employment lands on the east side of Kitchener and in Breslau. It is everyone's expectation that the west side lands will not be designated Business Park; however, it's a matter of timing. Should we remove the designation now or wait to see when the east side lands are developed. With respect to an Official Plan Amendment, as noted by Mr. Britton, Mr. Willmer advised that one Official Plan Amendment application has been made, and staff want a comprehensive planning process for Areas #2 and #3. With respect to decisions leading to there being no Business Park designation on the west side, Mayor Zehr questioned when the Region will deal with this matter conclusively, and Mr. Willmer advised that he had no knowledge of this. Mr. Willmer did advise that when Council made its decision on this matter 4 years ago, it was on the premise that the City would own this proposed Business Park. If a Business Park designation is seen to be important, it perhaps could be done privately, but this is not likely to happen. Ms. L. Townsend was in attendance on behalf of her client Mattamy Homes, requesting that their land be removed from the staff recommendations. She advised that their Official Plan Amendment was submitted in 2005, which predates such planning documents as "Places to Grow". She advised that all their studies have been submitted and their application is complete; further, they do not have a Business Park designation on their land. She advised that this land is fully serviced and they can comply with the sub-watershed study, and their land is not connected to Areas #1 and #2. Ms. Townsend advised that lands to the east of her client's land are to be developed, and leaving their land out is not appropriate. She requested that her client's land be removed from the end of year deferral. She also stated that the 30m buffer around the cemetery should be considered on a site specific basis. Mr. Willmer advised that the study team has always deemed the 30m minimum setback as appropriate. Councillor Galloway raised an issue regarding where schools will be located in the west side lands. The delegation responded that they couldn't advise on the specifics at this time but suggested that there is a need to look at the lands to the east when making a final determination for school sites. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 3, 2008 -14 - CITY OF KITCHENER 2. DTS-08-013 - SOUTHWEST KITCHENER -DIRECTION REGARDING DEVELOPMENT APPLICATIONS, CONT'D Mr. P. Smith, attended on behalf of Cook Homes, stating that he felt the discussion today should be dealing with the fundamental planning issues as outlined in the recommendations of the report before the Committee and not necessarily the engineering issues discussed early in the meeting. In regard to the recommendations contained in the staff report, he agreed with Mr. Britton that the west side lands will be residential lands and not industrial and as such, he did not agree with expending resources and time as per staff recommendation # 1. He advised that his client does support recommendation # 2 and can support recommendation # 4 if it is amended to read that the final report on Growth Management be targeted for year end, 2008. Ms. C. Wiebe, MHBC Planning, attended representing Freure Homes and Prim Land Development who together own approximately 180 acres of developable lands. She advised that although technically not in the west side lands, recommendation # 5 will have an impact on her clients' lands. Ms. Wiebe advised that she is in support of the revised version of staffs recommendation #5. On motion by Councillor K. Galloway - it was resolved: "That the transitional Staging of Development Report approved by City Council in June 2007 be the guiding document for subdivision priorities in 2008." Mayor Zehr questioned whether this report is linked with the two previous reports, and whether there would be any logistical issues if consideration of this report is also deferred to the Council meeting of March 17tH Mr. Willmer advised that it would be premature to deal with this report in advance of the 2 previous reports. In response to the delegations, Mr. Willmer advised that he has no objections to Mr. Smith's comments. Respecting Ms. Townsend's comments on behalf of Mattamy Homes, Mr. Willmer advised that he has serious concerns. There is a need for asub-watershed study and he recommended that Mattamy's application not be circulated prior to the growth management strategy. There is a definite need to be strategic in how we plan for growth and use resources, and he would have a significant concern if any of the lands on the west side are dealt with separately. Mayor Zehr noted that in his "State of the City" address, he recommended that we have to start thinking differently about growth, but that does not mean there will not be any outward growth. Further, it is appropriate to deal with these matters in a comprehensive way. On motion by Mayor C. Zehr - it was resolved: "That consideration of the following recommendations contained in Development and Technical Services Department report DTS-08-013 (Southwest Kitchener -Direction Regarding Development Applications} be deferred and referred to the Council meeting of March 17, 2008, in order to be considered in conjunction with Development and Technical Services Department reports DTS-08-032 and DTS-08-034: (a} That the `Business Park' land use designation for the lands known as the `west side' (Conestoga Parkway/Trussler/Fischer Hallman/Huron Roads} continue to be held in abeyance and that new urban designations to include residential and a mixture of land uses (including employment opportunities}, a focus on implementing environmental sustainability principles and a high level of urban design be explored, along with the preparation of Community or Master Plans at the appropriate time recommended by the Kitchener Growth Management Strategy; and, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 3, 2008 -15 - CITY OF KITCHENER 2. DTS-08-013 - SOUTHWEST KITCHENER -DIRECTION REGARDING DEVELOPMENT APPLICATIONS, CONT'D (b} That all development applications for the lands known as the `West Side' (Conestoga Parkway/Trussler/Fischer HaIImaNHuron}, including MP04/03/B/BS, MP05l03/T/DR, MP05l04/H/BS, the subdivision and zone change applications recently submitted to the northwest of Fischer Hallman/Huron Road intersection and any new applications in the subject area wait until after the recommendations of the Kitchener Growth Management Strategy are known and the timing for review and recommendation of the applications be re-evaluated thereafter; and, (c } That staff proceed to coordinate transportation master planning for the southwest portion of Kitchener and a vision and design principles for the Fischer-Hallman Corridor from New Dundee Road to Ottawa Street with the Region of Waterloo and any affected `West Side' land owners; and further, (d} That the update contained within Development and Technical Services Department report DTS-08-013 on the Kitchener Growth Management Strategy (KGMS} be received for information and that a report on the KGMS be targeted by the end of 2008. 3. DTS-08-033 - LOCAL ENVIRONMENTAL ACTION FUND (LEAF) - SUMMARY OF PUBLIC INPUT & OPERATING FRAMEWORK The Committee considered Development and Technical Services Department report DTS-08-033, dated February 27, 2008, recommending an operating framework for the City's Local Environmental Action Fund (LEAF}. Ms. B. Steiner presented this operating framework with particular emphasis on the public input into this process. She noted the public re-enforcement of the types of projects put forward by Council, including a real desire to foster public education. She advised that the City's Environmental Committee reviewed this report and recommend that businesses be targeted for public awareness. They also recommend that LEAF funding only be available to not-for-profit organizations. Councillor Vrbanovic moved the recommendation in the staff report. He thanked Ms. Steiner for the work she has done, noting that what is proposed is a comprehensive framework based on input from the community. Through this process the City will truly begin honouring its commitment to "Partners for Climate Protection." On motion by Councillor B. Vrbanovic - it was resolved: "That the operating framework for the Local Environmental Action Fund (LEAF} as set out in Development and Technical Services Department report DTS-08-33 be approved; and further, That the updated Strategic Plan for the Environment acknowledge and incorporate LEAF as a key tool for the enhancement /optimization of the environment for Kitchener." 4. DTS-08-025 - ZONE CHANGE APPLICATION ZC07/25/O/JB -160 OTTAWA STREET NORTH -SHELL CANADA/CLASSY AUTO SERVICE The Committee considered Development and Technical Services Department report DTS-08-025, dated February 14, 2008, recommending that the zone change application for Shell Canada/Classy Auto Service, for the property municipally known as 160 Ottawa Street North, be refused. Ms. Ross presented the staff report advising that staff do not support the requested zone change, as the proposed use is not appropriate or compatible with the surrounding residential area. The proposed use of vehicle sales and repair will produce noise that is not compatible with residential use. She advised that staff has included an alternate proposal with uses that are compatible with this area, given the fact that the property is on a public transit route. She noted 4. DTS-08-025 - ZONE CHANGE APPLICATION ZC07/25/O/JB -160 OTTAWA STREET DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 3, 2008 -16 - CITY OF KITCHENER NORTH -SHELL CANADA/CLASSY AUTO SERVICE, CONT'D the Region of Waterloo has requested the imposition of certain conditions if this application is to be approved. She also advised that no other City departments have any concerns with the approval of this application, and the City's Economic Development Division supports this zone change. In response to questions from the Committee, Ms. Ross advised that there is a spectrum of uses that would be compatible with this site including some types of offices, commercial and institutional uses which are transit supported uses. Mr. T. Hardacre, Planning and Engineering Initiatives, was in attendance on behalf of Shell Canada and Classy Auto Service, in opposition to the staff recommendation. He noted that Mr. Farenga of Classy Auto Service was a tenant of this property, and was required to vacate the property for a period of time to allow for a Record of Site Condition and remediation work to be completed. He now proposes to purchase the property and return his business to this site. He reminded the Committee that in the fall of 2007, they passed a motion that an Official Plan Amendment would not be required in order to process this zone change application, thereby determining that the proposed use does comply with the Official Plan. Further, through the circulation of this zone change application, none of the public agencies raised any issues or concerns. He advised that the Region requires certain conditions to be fulfilled, and they can and will be fulfilled. He also advised that his client is fully aware of the residents' concerns and is committed to being a good neighbour. Mr. Hardacre submitted a concept plan of this property showing the existing building, a fenced area, a landscaped area, and an area for access, parking and vehicle display. He noted that there are no openings in the northerly and easterly walls of the existing building, being the walls closest to the adjacent residential area. He requested that the Committee approve this zone change application. Councillor Smola noted that one of the residents' major concerns is vehicle repairs taking place outside the building. He stated that if this zone change is to be approved, wording would have to be included such that all repairs must take place within the existing building or in the fenced area. In response to questions from the Committee about a site plan application, Mr. Willmer advised that there is no authority to impose conditions on a zone change and no legislative authority for a site plan agreement. Mr. Willmer then noted, with respect to the concept plan submitted by Mr. Hardacre, that a recent by-law amendment requires a vehicle display area to be located a minimum of 3m from the street line; however, this may not apply when land has been dedicated for a road widening. Mr. Hardacre responded that the applicant will comply with the by-law requirements. In response to questions from the Committee concerning a landscape plan, Mr. Hardacre advised that his client would enter into any kind of process as long as it does not become too onerous. Mr. P. Schaefer, a neighbourhood resident, was in attendance in support of the staff recommendation to refuse this zone change. He stated that the use of this property as an autobody shop is inconsistent with this area. Further, the applicant has shown himself not to be a good neighbour, especially with respect to snow clearing on sidewalks, and a landscaping upgrade would not be sufficient to change his mind. Councillor Smola noted that if this zone change is not approved, this property could remain empty for many years. Mr. Schaefer responded that the neighbours would prefer an empty lot compared to the appearance of this property if Classy Auto Service moves in. Ms. M. Cooper was in attendance in opposition to this zone change, advising that she lived on McKenzie Avenue for over 26 years and during that time the alarms on this property were 4. DTS-08-025 - ZONE CHANGE APPLICATION ZC07/25/O/JB -160 OTTAWA STREET NORTH -SHELL CANADA/CLASSY AUTO SERVICE, CONT'D DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 3, 2008 -17 - CITY OF KITCHENER constantly ringing. There was a lot of garbage in this area and no one cared about it. She stated that some landscaping will not help and questioned why the City would want this corner to be such an eye sore. In response to questions from the Committee, Ms. Cooper stated that this is a dangerous intersection and she has real concerns about safety. It was her opinion that a 24 hour convenience store would not work on this property. She stated that she believes this property will eventually be developed. Further, when Classy Auto Service was previously on this site, the sidewalks were never cleared; also, there was so much noise and profanity coming from this site that they could not use their backyard. Ms. K. Weiss advised that from an economic development perspective, the proposed use is suitable for this site. Classy Auto has been located on this site for many ears and only vacated the site because of the required remediation work. She stated that the City and the Region would like to see the abandoned service station sites cleaned-up and reused, and as this is an undersized property, it is a challenge as to the types of businesses that could be accommodated. Councillor Gazzola questioned what avenues would be open to the neighbourhood if this zone change is approved and subsequently there are problems with this property. Ms. Ross advised that By-law Enforcement staff would respond to any complaints received from the neighbours. Mr. Hardacre responded to the neighbours' concerns by stating that Mr. Farenga is in attendance this evening and this is a good opportunity for him to learn of these concerns. Mr. Schaefer noted that Mr. Farenga had an opportunity to respond to the neighbours' concerns the last time he occupied this property, but he did nothing to address these concerns. Councillor Smola put forward a motion to approve the zone change, provided that the amending by-law not receive three readings until the Region's conditions have been satisfied, and that he by-law include a requirement that all repairs must take place within the existing building and/or proposed fenced area as shown on the concept plan submitted by Mr. Hardacre. Councillor Vrbanovic put forward a friendly amendment that prior to 3 readings of the by-law, the applicant must receive approval of a landscaping plan. On motion by Councillor J. Smola - it was resolved: "That Zone Change Application ZC07/25lO/JB (160 Ottawa Street North -Shell Canada} for the purpose of changing the zoning from Gas Station Zone (C-7} to Gas Station Zone (C-7} with a Special Use Provision to allow motor vehicle sales and repair service, with convenience retail as an accessory use, be approved in the form of the "Proposed By-law" dated March 3, 2008, attached to Development and Technical Services Department report DTS-08-025, as amended to include the requirement that all vehicle repairs on this property shall take place in the existing building and/or within the fenced area, as identified on the concept plan prepared by Planning & Engineering Initiatives, noted as Figure 1, Project No. KP-07-1968, dated March, 2008; subject to three readings of the by-law being withheld until the following conditions have been satisfied: (a} That the Regional Municipality of Waterloo advises in writing that the Regional requirements including Record of Site Condition, road widening and a Regional Road Access Permit have been addressed; and, (b} That the applicant shall submit and receive approval of a landscaping plan for the subject property from the City of Kitchener." 5. ADJOURNMENT On motion, the meeting adjourned at 6:08 p.m. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 3, 2008 -18 - CITY OF KITCHENER D. Gilchrist Committee Administrator