HomeMy WebLinkAboutDev & Tech Svcs - 2008-06-16DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 16, 200$ CITY OF KITCHENER
The Development and Technical Services Committee met this date, commencing at 7:42 p.m.
Present: Councillor C. Weylie -Chair
Mayor C. Zehr and Councillors J. Gazzola, J. Smola, K. Galloway, B. Vrbanovic and G.
Lorentz
Staff: C. Ladd, Chief Administrator
D. Chapman, General Manager, Financial Services
R. Browning, General Manager, Development and Technical Services
G. Murphy, Director of Engineering
J. Willmer, Director of Planning
T. Beckett, Fire Chief
M. Selling, Director of Building
S. Turner, Director of Enforcement
J. McBride, Director of Transportation Planning
S. Sheryer, Assistant City Solicitor
F. McCrea, Assistant City Solicitor
S. Allen, Manager, Engineering Design & Approvals
D. Ross, Manager, Development Review
J. vonWesterholt, Senior Planner
C. Bluhm, Urban Investment Advisor
E. Saunderson, Engineering Construction Project Manager
L. Bensason, Co-ordinator, Cultural Heritage Planning
T. Boutilier, Senior Business Development Officer & Brownfield Co-ordinator
D. Gilchrist, Committee Administrator
1. DTS-0$-104 - HANSON AVENUE CONSTRUCTION -WATERLOO CATHOLIC DISTRICT
SCHOOL BOARD PROPERTY EXCHANGE
The Committee considered Development and Technical Services Department report DTS-08-
104, dated June 9, 2008, recommending a land exchange with the Waterloo Catholic District
School Board to facilitate the extension of Hanson Avenue (Lennox Lewis Way).
On motion by Mayor C. Zehr -
it was resolved:
"That a portion of City owned lands adjacent to St. Mary's Secondary School and the
future extension of Block Line Road, in the City of Kitchener, comprising approximately
3,120 square metres and described as Parts 15 and 16 on Plan 58R-16139, be declared
surplus to the City's needs; and,
That Legal Services and Transportation Planning staff initiate steps to exchange land with
the Waterloo Catholic District School Board to accommodate construction of the
extension of Hanson Avenue (Lennox Lewis Way); and,
That the Mayor and Clerk be authorized to execute a Land Exchange Agreement with the
Waterloo Catholic District School Board wherein Parts 15 and 16 on Plan 58R-16139 be
conveyed to the School Board in exchange for Parts 5 to 10 inclusive on Plan 58R-16139,
comprising approximately 3,465 square metres, to facilitate the construction of the
extension of Hanson Avenue (Lennox Lewis Way), on the terms and conditions set out in
Development and Technical Services Department report DTS-08-104, to the satisfaction
of the City Solicitor; and,
That the Mayor and Clerk be authorized to execute any documentation in this regard
required by and to the satisfaction of the City Solicitor; and further,
That the Mayor and Clerk be authorized to enter into an agreement between the City and
Drewlo Holdings Inc. to provide the City with access to lands owned by Drewlo Holdings
Inc. for the purpose of conducting an archaeological survey, on terms and conditions
satisfactory to the City Solicitor."
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 16, 200$ - 46 - CITY OF KITCHENER
2. DTS-0$-100 - TRAFFIC CALMING -OLD CARRIAGE DRIVE
The Committee considered Development and Technical Services Department report DTS-08-
100, dated May 28, 2008, recommending traffic calming measures on Old Carriage Drive.
In response to questions from Councillor Gazzola, Mr. McBride responded that the work will be
done as soon as possible, but will be done in conjunction with road rehabilitation work.
On motion by Mayor C. Zehr -
it was resolved:
"That a series of four (4) speed humps be installed on Old Carriage Drive, and a
pedestrian refuge island be installed on Pioneer Drive approximately 50 metres north of
Old Carriage Drive."
3. CRPS-0$-0$$ -REGION OF WATERLOO NON-ESSENTIAL PESTICIDE REDUCTION
- SOCIAL MARKETING CAMPAIGN - 200$ TO 2010 COST SHARING
REQUEST
The Committee considered Corporate Services Department report CRPS-08-088, dated May 20,
2008, presenting the Environmental Committee's recommendation regarding the social
marketing campaign for the Region's non-essential pesticide reduction program.
In response to questions from Councillor Galloway, Mr. Willmer advised that this
recommendation honours a prior commitment between the Region and the urban municipalities.
The Region does not pay all the cost because the Townships' taxpayers would then pay a larger
share.
On motion by Mayor C. Zehr -
it was resolved:
"That the City of Kitchener recognizes the public's concern regarding the use of
pesticides, involuntary exposure and the potential effect on the health of humans and
other non-target species; and,
That continuing public education must remain a key initiative in efforts to encourage the
reduction of the non-essential use of pesticides in our community; and,
That the City continues to participate in cost-sharing with 50% by area municipalities and
50% by the Regional Municipality of Waterloo, and approve the request of the Region for
a financial contribution in the amount of $15,507.87 for 2008, $15,972.70 for 2009, and
$10,597.48 for 2010, which represents Years 5-7 of the cost-shared community-based
social marketing (CBSM) campaign; and,
That Kitchener's contribution be contingent upon cost-sharing by all area municipalities;
and further,
That Kitchener's funding commitment to the CBSM campaign for 2009 and 2010 be
subject to Council's annual budget deliberation process."
4. DTS-0$-096 - HERITAGE PROPERTY STANDARDS BY-LAW - ADDENDUM TO
DTS-0$-03$
Councillor C. Weylie declared a pecuniary interest in this matter as she owns a property in the
City of Kitchener which is designated under the Ontario Heritage Act, and she did not participate
in any discussion or voting with respect to this matter.
Councillor J. Gazzola assumed the chair at this time.
The Committee considered Development and Technical Services Department report DTS-08-
096, dated May 28, 2008, recommending an amendment to Chapter 665 (Property Standards)
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 16, 200$ - 47 - CITY OF KITCHENER
4. DTS-0$-096 - HERITAGE PROPERTY STANDARDS BY-LAW - ADDENDUM TO
DTS-0$-03$, CONT'D
of the City of Kitchener Municipal Code, to include special requirements for maintenance and
care of vacant heritage properties that have been designated under the Ontario Heritage Act.
This report also recommends a review of the City's heritage and assistance programs to
determine whether there are opportunities to provide financial assistance and support to property
owners to assist with conservation efforts.
Mr. Bensason advised the Committee of the changes that have taken place in staff's
recommended Heritage Property Standards By-law since Development and Technical Services
Department report DTS-08-038 was presented to this Committee on March 31, 2008. These
changes are as a result of the public information meeting held on April 17, 2008. The
recommendations before the Committee this date propose a by-law more narrow in scope which
would apply only to vacant designated heritage properties, and that staff undertake inspections
and undertake necessary enforcement to ensure compliance with the by-law. The
recommendations in the report also direct staff to undertake an evaluation of the properties
within the Victoria Park Heritage Conservation District to identify properties of very high cultural
heritage value, following which Council will be asked to consider the recommendations of
Heritage Planning staff and Heritage Kitchener, and any comments from property owners as to
which properties within this district are of high cultural heritage value.
The final recommendation presented by Mr. Bensason is that staff reviews the City's heritage
incentive and assistance to examine opportunities to provide financial assistance and support to
property owners with respect to their conservation efforts.
Mayor Zehr questioned whether there are any vacant buildings that have not been maintained
for a long time, as they will be very expensive to restore. Mr. Turner responded that the aim of
the by-law is to halt the deterioration of heritage attributes. These attributes will have to be
protected in the manner of providing such things as adequate heat and ventilation. Mr.
Bensason noted that property owners will still have the option of submitting a demolition
application if they feel their building is beyond repair.
In response to a question from Councillor Galloway, Mr. Bensason advised that there are
approximately 146 heritage properties and less than a dozen are vacant; however, the Victoria
Park Heritage Conservation District still has to be assessed.
In response to a question from Councillor Gazzola, Mr. Bensason advised that staff will
investigate whatever financial assistance may be available from the senior levels of government,
and will advise property owners.
Ms. M. Oja, a resident of the Upper Doon Heritage Conservation District, was in attendance to
request that the City provide financial assistance and support to owners of heritage property to
help them repair and maintain their homes.
On motion by Councillor G. Lorentz -
it was resolved:
"That a by-law be enacted to amend Chapter 665 (Property Standards) of the City of
Kitchener Municipal Code, with respect to regulations specific to the maintenance of
vacant designated heritage property, as outlined in Development and Technical Services
Department report DTS 08-096; and,
That in accordance with enforcement option 3 of Development and Technical Services
Department report DTS-08-096, staff take proactive measures to identify "vacant
heritage property" as defined in Chapter 665 of The City of Kitchener Municipal Code and
undertake inspections of and any necessary enforcement with such property to ensure
compliance with Chapter 665; and,
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 16, 200$ - 4$ - CITY OF KITCHENER
4. DTS-0$-096 - HERITAGE PROPERTY STANDARDS BY-LAW - ADDENDUM TO
DTS-0$-03$, CONT'D
That staff conduct an evaluation by May 2009 of the properties located within the Victoria
Park Heritage Conservation District to identify properties that are of very high cultural
heritage value as defined in Chapter 665 of The City of Kitchener Municipal Code; and
Council consider the recommendation of Heritage Planning staff, the Heritage Kitchener
Committee and any comments that may be provided by the property owner in determining
which properties within the Victoria Park Heritage Conservation District are of very high
cultural heritage value; and further,
That staff conduct a review of the City's heritage incentive and assistance programs, to in
part examine opportunities to provide financial assistance and support to property owners
to assist with conservation efforts, including the maintenance and repair of designated
heritage property in compliance with the Property Standards By-law; and a report be
brought to the attention of Heritage Kitchener Committee and City Council in 2009, for
consideration in advance of budget deliberations for 2010."
Councillor C. Weylie resumed the chair at this time.
DTS-0$-0$4 - DRAFT PLAN OF SUBDIVISION 30T- 06201 AND ZONE CHANGE
APPLICATION ZCO$l07IPIJVW - 56 PIONEER TOWER ROAD -KENMORE
HOMES LTD.
The Committee considered Development and Technical Services Department report DTS-08-
084, dated June 2, 2008, recommending approval of Zone Change Application AC 08/07/P/JVW
for the property municipally known as 56 Pioneer Tower Road. This report also recommends
draft approval of Subdivision Application 30T-06201 for the same land, subject to conditions as
outlined in the report.
The Committee was in receipt this date of correspondence from A. Patel, dated June 13, 2008,
in opposition to these applications.
Ms. von Westerholt reviewed the staff report noting that the subdivision will contain 31 lots
including a park lot. Staff feels the plan of subdivision is compatible with surrounding uses, and
will be a buffer between commercial uses and the larger residential properties on private
services. There have been neighbourhood meetings and some of the issues raised by
neighbours have been addressed in this staff report. She advised that there will be a sidewalk
installed on the north side of Pioneer Tower Road to provide for pedestrian safety, and the park
will have frontage on Pioneer Tower Road.
Ms. von Westerholt provided Committee members with a revised copy of the draft by-law, noting
the revision, being a restriction on the width of garages to 55% of the building width. Further, the
developer will be required to submit a parking plan and there is a restriction on off-street parking
on Pioneer Tower Road. Ms. von Westerholt advised that the owners of 88 Pioneer Tower Road
want the developer to provide a fence between their property and the subdivision.
Councillor Gazzola questioned how the number of issues, raised during public meetings and
through correspondence, have been addressed. Ms. von Westerholt advised that staff have
carefully reviewed the issues. There have been discussions on such matters as parking, the park
and stormwater management. In terms of corresponding with members of the public who have
participated in this process, Ms. von Westerholt advised staff do that by providing those people
with a copy of the staff report.
Mr. D. Stewart, IBI Group, was in attendance on behalf of the developer, Kennmore Homes Ltd.,
in support of the staff recommendation. He advised that this is an in-fill situation. He stated that
when the plan was being prepared, they met with staff, and they met with the neighbours on a
number of occasions. Further, when preparing the plan they did consider provincial, regional and
city policies. He requested that in considering these applications the Committee not confuse
public interest with public opinion.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 16, 200$ - 49 - CITY OF KITCHENER
5. DTS-0$-0$4 - DRAFT PLAN OF SUBDIVISION 30T- 06201 AND ZONE CHANGE
APPLICATION ZCO$l07IPIJVW - 56 PIONEER TOWER ROAD -KENMORE
HOMES LTD. tCONT'D)
Mr. Stewart advised that when considering the type of development for this land, they did not
choose a higher density development. They have made a number of changes to the plan, such
as locating the park on Pioneer Tower Road, creating a more interesting and diverse
streetscape, and they have reduced the number of units on the street. He stated that these
houses will be on full municipal services. Mr. Stewart stated that they are of the opinion that this
proposal represents good planning; times have changed, and this proposal represents an in-fill
situation where the development utilizes existing infrastructure.
Mr. K. Fergin, Stantec Consulting was in attendance, on behalf of the developer. He noted that
Stantec has been an engineering consultant in the Pioneer Tower area since the mid-1990's. He
spoke of the stormwater management and the extension of municipal services for this area. He
stated that the road will be reconstructed to municipal standards with ditches on the south side,
as they are now. Further, a noise study has been completed, and nothing is required as a result.
Also a traffic study has been completed and there will be no substantial increase in traffic as a
result of this subdivision.
Ms. G. Wisnicka, a neighbouring property owner, addressed the Committee stating that the
alignment of the road will create a situation where car lights will shine into her home. She
requested that the developer be required to provide a maintenance free fence and gate at the
front of her property to eliminate the effects of these car lights. Further Ms. Wisnicka stated that
there should be a fair size park in this subdivision and that they are entitled to more than 5%
park dedication. Ms. Wisnicka stated that development of this subdivision will reduce property
values in this area. She concluded by disagreeing with the result of the traffic study because the
study was undertaken in the summer and not during the school year.
In response to questions from Councillor Gazzola, Ms. Wisnicka advised that the park should be
relocated to the interior of the subdivision as to locate it on Pioneer Tower Road will create a
very dangerous situation for the children.
In response to a question from Councillor Gazzola about Ms. Wisnicka's concern about the car
lights, Ms. von Westerholt advised that it is not uncommon and is more pronounced when there
is an intersection. Further, it is more noticeable when the area has been rural. If a wall is to be
created at the street, it can only be 3' high, and the home owner has to resolve this problem. She
also advised that to redesign the intersection just moves the problem.
In response to questions from Councillor Gazzola, Mr. McBride advised that the traffic study was
done some time ago. He stated that this subdivision will add traffic to this area, but not above
capacity. With respect to speeding, Mr. McBride advised that staff will work with the neighbours,
and there will be selective enforcement; also, this area is a potential for traffic calming measures.
Mr. B. McColl was in attendance on behalf of the Pine Grove Community Association Executive
Committee. He introduced Mr. A. Dougley and Mr. H. Lorentz, who were also in attendance as
delegations on this matter. Mr. McColl read the following:
"First a bit of background to this issue, I was first contacted by Mr. Kaufman about a year and a
half ago. He and I had a meeting where he presented his proposal for 34 homes. I conveyed to
him at that time that such an intense development would most likely receive opposition from the
existing residents.
A few weeks later Mr. Kaufman met with a number of the residents and presented the same
proposal. Which of course was not favourably received. A list of concerns from the residents was
forwarded to Ms. von Westerholt on August 27th of last year. Also included with the list was a
proposed site plan with a reduction of the density and amuch-improved streetscape.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 16, 200$ - 50 - CITY OF KITCHENER
5. DTS-0$-0$4 - DRAFT PLAN OF SUBDIVISION 30T- 06201 AND ZONE CHANGE
APPLICATION ZCO$l07IPIJVW - 56 PIONEER TOWER ROAD -KENMORE
HOMES LTD. tCONT'D)
Ms. von Westerholt organized a neighbourhood meeting at the Country Hills Community Centre
on October 25th of last year. There was a significant turnout from the neighbourhood and it was
great to see Councillor Gazzola in attendance. Mr. Kaufman and his consultant presented pretty
much the same plan that we had seen nine months earlier. The residents reiterated their same
concerns.
About a month ago, Ms. von Westerholt contacted me with a request to meet with a small
number of adjacent residents. At that meeting we were presented with a revised site plan, which
although the density was reduced by 3 units and a small parkette was added, did nothing to
address the incompatible streetscape. It is interesting to note that this site plan (for the first time)
showed parking along Pioneer Tower Road.
I would like to point out that in our neighbourhood we have rural mailboxes and Canada Post
regulations prohibit parking in front of these mailboxes. This is just one of many issues that need
to be addressed.
Although of course we would prefer that the area remain open space, due to the fact there is
absolutely no dedicated parking anywhere in Pine Grove, we do acknowledge that the zoning
does permit development and Mr. Kaufman has every legal right to build houses on his property.
The only question is how many and that the development be compatible with the pre-existing
houses.
Having said that, there are a number of outstanding issues with this development that needs to
be addressed. Items such as: Traffic congestion at the Pioneer Tower/Baxter/King intersection;
the previously mentioned on street parking problem; concerns about safety; storm water
management questions; the need for a fence to separate the seven different back yards from the
single adjacent property of Pioneer Tower Road; the small parkette; housing density;
streetscape and required setbacks.
The one issue I would like to address now is the proposed densities and setbacks. Page 13 of
the Staff Report refers to the Special Policy for the Pioneer Tower West Area. In particular the
report mentions that the densities for the area are to be restricted to 10 units per hectare. The
proposed development has a density of 15.5 units per hectare. Staff's rationale for support for
this density is that the surrounding properties (many of them built 10, 20 or even 30 years ago)
have a significantly lower number of units per hectare and thus the overall average is in
compliance with this Special Policy.
Unfortunately, the City's Official Plan regarding this Special Policy states something different. On
page 12-5 Part 3 of the August 16, 2007 Official Plan it states the following:
i)...New Lots created through the consent process within the existing communities
shall be compatible in size with the existing lots.
ii)...The net residential density of all new residential development shall not exceed 10
units per hectare over the developing portion of the community.
iv)...Accordingly, the total number of new residential units in the developing portion of
the community shall not exceed 1175 units.
In dealing with part iv) first I believe the number of new units planned for Deer Ridge is already at
1150.
Parts i) and ii) would indicate that any new development must be compatible in size and shall not
exceed 10 units per hectare. The operative word here is new and there is no provision for
averaging this with pre-existing homes.
There are new houses just 100 metres down Pioneer Tower Road -some still under
construction that do meet the required maximum 10 units per hectare. One would think that a
person buying a home in an area would do some research, perhaps even read the Official Plan,
in order to see what kind of development could occur around them.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 16, 200$ - 51 - CITY OF KITCHENER
5. DTS-0$-0$4 - DRAFT PLAN OF SUBDIVISION 30T- 06201 AND ZONE CHANGE
APPLICATION ZCO$l07IPIJVW - 56 PIONEER TOWER ROAD -KENMORE
HOMES LTD. tCONT'D)
Next, I would like to talk about setbacks. The homes adjacent to this proposed development all
have setbacks between 18 to 25 metres. Although not specified on the site plan one might
assume the setbacks for the proposed new houses along Pioneer Tower Road could not be any
more than 5 or 6 metres. Is that considered compatible?
Back in August of last year, the Pine Grove Community Association submitted an alternate site
plan. This site plan is included in the Staff report and I have included it with my handout. We
believe this proposal addresses the issue of density, setbacks, parking and overall
neighbourhood compatibility. Unfortunately it didn't seem to be given much consideration."
With respect to his concern about stormwater management Mr. McColl advised that they have
not seen any plans. He noted that there will be a ditch and culvert on one side of the road but he
questioned how the development will tie into this. He questioned how the adjacent neighbours
will deal with stormwater management.
Mr. K. Fergin advised that some standards have changed and they will be contributing some
money to upgrade the Krisanderson stormwater management facility. He advised that they have
prepared a stormwater management document that Mr. McColl can review.
In response to question from Mayor Zehr, Mr. McColl advised that the neighbours would agree if
the developer would move the park somewhere inside the cul-de-sac.
With respect to the Official Plan policies cited by Mr. McColl, Mr. Willmer advised that they have
been in place since late 1990's, when a special policy was imposed. Since that time, the
Province has adopted the Places to Grow policies, and when a local plan is in conflict with a
provincial plan, the provincial plan prevails.
Mr. Dougley, a neighbouring resident addressed the Committee about the concerns he has for
the safety of children in this neighbourhood. He explained what had happened to his own son,
who had been hit by a car in front of his property. He stated that it is not acceptable for this type
of accident to happen again. He stated that the subdivision as currently planned is not
acceptable. Mr. Dougley recommended 60' wide lots for those lots facing Pioneer Tower Road,
which would reduce the number of units facing Pioneer Tower Road. Mr. Dougley recommended
enlarging the park and moving it off Pioneer Tower Road altogether. The developer should also
provide a walkway beside Lot # 1 to provide access to the park. Mr. Dougley's final point is
respecting the dangerous intersection at Baxter Place and King Street. He stated that he is
primarily concerned about the safety of neighbourhood children. He stated that the intersection
is very dangerous, and cars go through the intersection very quickly, often making a "U" turn to
go back out to King Street. He requested that the City review the design of this intersection and
to act wisely regarding the safety of the children.
Mayor Zehr questioned Mr. Dougley as to whether sidewalks will help with safety. Mr. Dougley
responded that sidewalks would be a great help as well as speed humps. Mayor Zehr noted that
if sidewalks are to be installed it would require the City to take land on Mr. Dougley's side of
Pioneer Tower Road and he questioned whether he and his neighbours would agree to that. Mr.
Dougley noted that culverts would have to be filled and it would be expensive.
In response to a question from Councillor Weylie, Mr. McBride advised that the intersection was
upgraded 2 years ago but it is a substandard intersection. It would be costly to updated and
additional land would be required.
Councillor Weylie commented that she is surprised to see the park on a main street. Ms. von
Westerholt responded that the plan to put the park fronting on Pioneer Tower Road was
presented to the Community Services Department and they agreed to this location. The park
was set mid-block to break-up the streetscape, and this location would allow there to be more
eyes on the park and the activities that go on there. In response to a further question from
Councillor Weylie, Ms. von Westerholt advised that the Community Services Department wants
a park in this subdivision.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
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5. DTS-0$-0$4 - DRAFT PLAN OF SUBDIVISION 30T- 06201 AND ZONE CHANGE
APPLICATION ZCO$l07IPIJVW - 56 PIONEER TOWER ROAD -KENMORE
HOMES LTD. tCONT'D)
In response to questions from Councillor Gazzola, Mr. McBride advised that there will be no on-
street parking on Pioneer Tower Road, and there will be a continuous sidewalk. Councillor
Gazzola directed that staff investigate traffic calming measures at the Baxter Place intersection.
Mr. McBride advised that traffic calming measures for this area will be included in the priority
listing.
Mr. H. Lorentz, a neighbourhood resident, addressed the Committee in opposition to this
subdivision. He requested that the subdivision be modified to something more suitable for the
area, including lots and setbacks that are more compatible with the existing neighbourhood. He
stated that the proposed park is insufficient for the area. Mr. Lorentz requested that the City and
the developer come up with a new plan to match the existing development.
Mr. Lorentz then stated that he wants the developer to address his request for a fence. He
advised of his concern that the children from the subdivision will us his property; further, 16 back
yards will abut his property. Mr. Lorentz then commented that at the last public meeting
neighbours were told that there would be parking on Pioneer Tower Road. Ms. von Westerholt
advised that she was unaware that there is a by-law prohibiting parking on Pioneer Tower Road.
She advised that there is a condition in the subdivision requiring a parking plan for the spaces on
the cul-de-sac.
Mr. B. McColl then questioned the application of the policies in the Places to Grow, noting his
understanding that there is a target for the City as a whole, and there is nothing that is site
specific. Mr. McColl stated that there are unresolved issues, and he asked that consideration of
this matter be referred until the August 11, 2008 Development & Technical Services Committee
meeting, so that staff, the developer and the neighbours can come up with a compromise.
With respect to the application of Places to Grow, Mr. Willmer responded that those policies are
applicable in this instance as there are full municipal services.
Councillor Gazzola questioned whether there is any purpose in Mr. McColl's request for deferral.
Mr. Stewart responded that they have heard these same issues throughout the entire process,
and although they understand the issues, they don't agree with them. We have taken the
neighbours concerns into consideration but don't agree with them.
Mr. J. Kaufman, Kenmore Homes Inc., addressed the Committee advising that he first met with
Mr. McColl about this development 2 years ago. He advised that the neighbours were surprised
that the property is zoned residential. They have been through an intensive process, originally
considering semi-detached homes, which they discounted because of the neighbour's concerns.
They have decreased the number of units to 31. More green space was requested and the park
was located on Pioneer Tower Road because staff requested this location. Mr. Kaufman stated
that given the close proximity to commercial use, large lots on this property are not marketable.
He met with Mr. Lorentz about his requested fence, and they are proposing to plant 6' conifers to
separate the subdivision from his land. It was Mr. Kaufman's position that a deferral of this
matter would probably not achieve the result of resolving the remaining neighbourhood issues.
Mr. Willmer stated that the only issue that could be resolved is the relocation of the park. It was
suggested that consideration of these applications could be deferred to the June 23rd Council
meeting. Mr. Willmer suggested that Planning and Community Services staff could meet with the
developer to consider moving the park to the cul-de-sac. Mr. Willmer stated that moving the park
and slightly reconfiguring the lots on Pioneer Tower Road are minor changes and the whole
matter could still be considered at Council next Monday night.
Councillor Gazzola directed staff to include the Baxter/King/Pioneer Tower intersection on the
priority list for traffic calming measures.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
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5. DTS-0$-A$4 - DRAFT PLAN OF SUBDIVISION 30T- 06201 AND ZONE CHANGE
APPLICATION ZCA$l07IPIJVW - 56 PIONEER TOWER ROAD -KENMORE
HOMES LTD. tCONT'D)
On motion by Councillor J. Gazzola -
it was resolved:
"That consideration of the following recommendation contained in Development and
Technical Services Department report DTS-08-084 be referred to the Council meeting
of June 23. 200$. to allow staff an opportunity to work with the developer on the potential
for relocating the park to the interior of the subdivision:
"`That Zone Change Application ZC 08/07/I/JVW (56 Pioneer Tower Road)
requesting a change in zoning from Neighbourhood Institutional Zone (I-1) to
Neighbourhood Institutional (I-1) with Special Regulation 479R and Public Park
Zone (P-1) on lands legally described as Part of Lot 9, Beasley's Broken Front
Concession, being part of Part 1 on Reference Plan 58R-15891, in the City of
Kitchener, be approved in the form shown in the "Proposed By-law ", dated May
20, 2008, attached to Development and Technical Services Department report
DTS-08-084, as amended at the Development and Technical Services Committee
meeting of June 16, 2008, without conditions; and further,
That pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as
amended, and delegation by-law 2002-64, draft approval to Plan of Subdivision
Application 30T-06201, in the City of Kitchener, for Kenmore Homes Inc. be
rg anted, subject to the conditions outlined in Development and Technical Services
Department report DTS-08-084. "`
6. DTS-A$-077 - DRAFT PLAN OF CONDOMINIUM 30CDM-0$205 - 7 UPPER MERCER
STREET - DEERFIELD HOMES LTD.
The Committee considered Development and Technical Services Department report DTS-08-
077, dated May 29, 2008, recommending draft approval of Plan of Condominium 30CDM-08205,
for 7 Upper Mercer Street, subject to several conditions.
On motion by Councillor B. Vrbanovic -
it was resolved:
"That pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as
amended and delegation by-law 2002-64, draft approval of Plan of Condominium
Application 30CDM-08205, 7 Upper Mercer Street, in the City of Kitchener, for Deerfield
Homes Ltd., be granted, subject to the conditions outlined in Development and Technical
Services Department report DTS-08-077."
7. DTS-A$-105 - KING STREET MASTER PLAN STREETSCAPE -PROJECT UPDATE
- AND-
CAO-A$-022 - DOWNTOWN ADVISORY COMMITTEE -RECOMMENDATION IN
SUPPORT OF THE KING STREET MASTERPLAN
The Committee considered Development and Technical Services Department report DTS-08-
101,dated June 9, 2008, presenting 5 new options for the King Street streetscape.
The Committee also considered Chief Administrative Officer report CAO-08-022, dated June 13,
2008, advising them of the recommendation of the Downtown Advisory Committee, passed at
their meeting of June 12, 2008, in which the Downtown Advisory Committee strongly
recommends Option 4, as amended so that high quality treatments be extended to Water Street.
The Downtown Advisory Committee also recommends that Council allocate all of the $5.6M that
currently has been allocated in the capital budget in addition to the $3.2M in provincial funding.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 16, 200$ - 54 - CITY OF KITCHENER
7. DTS-0$-105 - KING STREET MASTER PLAN STREETSCAPE -PROJECT UPDATE,
CONT' D
- AND-
CAO-0$-022 - DOWNTOWN ADVISORY COMMITTEE -RECOMMENDATION IN
SUPPORT OF THE KING STREET MASTERPLAN, CONT'D
In addition to the staff reports, this date the Committee members were provided with concept
drawings for each of Options #3, #4 and #5. Mr. G. Murphy introduced the report, noting details
related to the costs for specific design options.
Mr. C. Bluhm reviewed the 5 options for streetscape improvements: Option #1 would be to
postpone the project indefinitely; Options #2 is a basic streetscape renewal; Option #3 is a
pedestrian first basic renewal; Option #4, which is recommended by staff, is a pedestrian first,
full streetscape renewal with modified limits: and, Option #5 is a pedestrian first, full streetscape
renewal, as currently designed. Mr. Bluhm explained that the recommendation of the Downtown
Advisory Committee is to accept Option #4 and extend it to Water Street.
In response to questions about creeping costs for this project, Mr. Murphy explained that this is a
unique design. Staff had a certain amount of information when the design was 60% complete,
and other information when the design was 100% complete. The City obtained a 3rd party
evaluation of the situation and they validated the fact that costs had increased. Staff are now
trying to provide a realistic band of pricing before tendering this project.
In response to questions about the lifespan of materials, Mr. Bluhm advised that granite will last
until the sewers underneath them need replacing; whereas concrete will not. Mr. Murphy
advised that granite has a 25 year lifespan, and can be continually maintained by sandblasting.
In response to questions about alternatives to granite, Mr. Allen advised that staff have looked at
Option #3 which uses concrete. He noted that the advantage of granite is its durability; further,
there are no other options except decorative concrete pavers. Mr. Allen stated that there are no
other municipalities in this area that use granite, and concrete pavers are approximately 1/5 the
cost of granite.
Councillor Vrbanovic voiced his opinion that to do less than the whole of downtown is not
acceptable; however, we need to revisit the use of granite. He then questioned the kind of
lighting to be used and whether it can be wired for security cameras. Mr. Murphy responded that
staff has verified that there is adequate capacity in the duct for security cameras. Councillor
Vrbanovic directed that staff look at the type of lighting used in Windsor and Guelph before this
matter comes back to Council Mr. Saunderson advised that staff have looked at the lighting
used in Guelph, and has reviewed this lighting with the consultant. He stated that the lighting
intensity needs to be made more comfortable for users and pedestrians. Mr. Murphy advised
that staff will provide Council with additional details on lighting.
At the invitiation of the Committee, Mr. Hutton of the Kitchener Downtown Business Association
(KDBA) stated that most of its members prefer Option #5. He noted that they only received the
lighting plan the week prior and have not had an opportunity to review it. With respect to Option
#5, he advised that the KDBA may be able to assist with the cost of some of the trees.
Staff confirmed that the overall funding for the King Street Master Plan is $8.8M, $5.6M of which
is in the approved Capital Budget, and the rest is a grant from the province.
Councillor Vrbanovic questioned the difference between Option #3 and #5 other than the granite.
Mr. Bluhm responded that the sustainable design features such as infiltration have been
removed in Option #3.
It was determined that the cost of Option #5 is between $ 10.1 and $ 11.7M, and if granite is not
used, the $10.1 M can be reduced by $1.6M.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 16, 200$ - 55 - CITY OF KITCHENER
7. DTS-0$-105 - KING STREET MASTER PLAN STREETSCAPE -PROJECT UPDATE,
CONT' D
- AND-
CAO-0$-022 - DOWNTOWN ADVISORY COMMITTEE -RECOMMENDATION IN
SUPPORT OF THE KING STREET MASTERPLAN, CONT'D
Councillor Vrbanovic stated that the whole street needs to be done, although the block between
Water and Francis Streets should be deferred until development for that block is determined.
He stated that the extra cost represents a 25 year commitment.
In response to questions from Councillor Weylie, Mr. Saunderson advised that granite, if
properly maintained, will last forever, and maintenance costs for concrete will be more costly.
He also advised that there are products on the market to maintain granite, and with proper
treatment, we can reduce what is involved in the maintenance.
With respect to timing, Mr. Murphy advised that the redesign will take 6 to 8 weeks, which would
mean tendering could start mid-August. He noted that the design for Option #5 has been
completed. He questioned whether the budget of $8,880,000 is accepted.
Councillor Vrbanovic agreed with the budget of $8,880,000. He suggested Option #5 be
pursued, and then consider what to do about the block between Water and Francis Streets.
On motion by Councillor B. Vrbanovic -
it was resolved:
"That funding of $8,880,000 be allocated to the King Street Master Plan Streetscape
Project, consisting of the $5,680,000 already approved the City's Capital Forecast and the
$3,200,000 approved by the province through the Municipal Infrastructure Investment
Initiative Grant; and further,
That staff tender Option #5 of the King Street Master Plan Streetscape Project, as
presented to the Development and Technical Services Committee on June 16, 2008, with
the tender to include the option of using concrete and/or granite for: crosswalks,
intersection ramps, sidewalks, banding, curbs and cladding for planters."
$. DTS-0$-102 - DEMOLITION CONTROL APPLICATION DC 0$l06IVIAP -1362 VICTORIA
STREET NORTH - $39653 ONTARIO LTD.
The Committee considered Development and Technical Services Department report DTS-08-
102, dated June 2, 2008, recommending unconditional approval of a demolition control
application for 1362 Victoria Street North.
On motion by Councillor G.Lorentz -
it was resolved:
"That Demolition Control Application DC08/06/V/AP requesting permission to demolish
one single detached dwelling located at 1362 Victoria Street North, owned by 839653
Ontario Limited, legally described as Part Lot 122, GCT, be approved without conditions."
9. DTS-0$-09$ - DEMOLITION CONTROL APPLICATION DC 0$l05IWIAP - 75 WEBER
STREET EAST-22$$70 DEVELOPMENTS LTD.
The Committee considered Development and Technical Services Department report DTS-08-
098, dated May 30, 2008, recommending unconditional approval of a demolition control
application for 75 Weber Street East.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 16, 200$ - 56 - CITY OF KITCHENER
9. DTS-0$-09$ - DEMOLITION CONTROL APPLICATION DC 0$l05IWIAP - 75 WEBER
STREET EAST-22$$70 DEVELOPMENTS LTD., CONT'D
On motion by Councillor J. Smola -
it was resolved:
"That Demolition Control Application DC08/05/W/AP requesting permission to demolish
one single detached dwelling located at 75 Weber Street East, owned by 228870
Developments Ltd., legally described as Part Lot 28, Plan 364 be approved without
conditions."
10. DTS-0$-099 - DEMOLITION CONTROL APPLICATION DC 0$l07IGIAP - 734 GLASGOW
STREET- LAURA GREGOR
The Committee considered Development and Technical Services Department report DTS-08-
099, dated May 30, 2008, recommending conditional approval of a demolition control application
for 734 Glasgow Street.
On motion by Councillor G. Lorentz -
it was resolved:
"That Demolition Control Application DC08/07/G/AP requesting permission to demolish
one single detached dwelling located at 734 Glasgow Street, owned by Laura Gregor,
legally described as Part Lot 33, GCT, be approved, subject to the following conditions:
1)That the owner obtains a building permit for the proposed single detached
dwelling; and,
That upon satisfaction of condition 1, the Chief Building Official may authorize and
issue a demolition permit under Section 33(6) of the Planning Act subject to the
following condition:
In the event that construction of the new dwelling is not substantially complete
within 2-years of the date of issuance of the demolition permit, the City Clerk may
enter on the collector's roll, to be collected in like manner as municipal taxes,
$20,000 for each dwelling unit contained in the residential properties in respect of
which the demolition permit is issued and such sum shall, until the payment
thereof, be a lien or charge upon the land in respect of which the permit to
demolish the residential property is issued."
11. DTS-0$-101 - STONEGATE WATERCOURSE RECONSTRUCTION -REQUEST
FOR ADDITIONAL CONSULTING FEES
The Committee considered Development and Technical Services Department report DTS-08-
101, dated May 29, 2008, requesting additional funds for consultant fees for the Stonegate
Watercourse Rehabilitation project.
On motion by Councillor B. Vrbanovic -
it was resolved:
"That the request for additional engineering fees of $ 46,913 (excluding G.S.T.) submitted
by McCormick Rankin Corporation relative for Design, Approval and Contract
Administration for the Stonegate Watercourse Rehabilitation be approved."
12. DTS-0$-0$5 -AMENDMENT TO SECTION 6.4 (MAJOR RECREATIONAL EQUIPMENT)
OF ZONING BY-LAW $5-1
The Committee considered Development and Technical Services Department report DTS-08-
085, dated May 22, 2008, recommending an amendment to By-law 85-1 to provide regulations
relating to snowmobiles.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 16, 200$ - 57 - CITY OF KITCHENER
12. DTS-0$-0$5 -AMENDMENT TO SECTION 6.4 (MAJOR RECREATIONAL EQUIPMENT)
OF ZONING BY-LAW $5-1, CONT'D
On motion by Councillor G. Lorentz -
it was resolved:
"That further to the housekeeping changes to By-law 85-1 (ZC 07/19/COK/SR) approved
by Council on December 10, 2007, and supplemental changes approved on February 4,
2008, that regulations concerning snowmobiles be approved in the form shown in the
"Proposed By-law", dated May 22, 2008, attached to Development and Technical
Services Department report DTS 08-085, without conditions."
13. CAO-0$-00$ - REGION OF WATERLOO -KITCHENER BROWNFIELD COMMUNITY
IMPROVEMENT PROGRAM 200$
The Committee considered Chief Administrative Officer report CAO-08-008, dated May 14,
2008, recommending an amendment to the "Kitchener Brownfield Remediation Community
Improvement Plan" as a result of changes in Bill 51 which gives legislative authority to regional
governments in Ontario to participate in community improvement plans.
Mr. Boutilier presented this report advising that, in 2005, City staff began working with other
levels of government to increase the financial resources available to Brownfield lands; which was
done by working through the Association of Municipalities of Ontario and through Ontario's
Legislative Committee on Bill 51. Bill 51 gives legislative authority to regional governments
across Ontario authority to participate in community improvement plans. This new program is
based on the City of Kitchener program.
Mr. Boutlier advised that the Region's contribution will come in 3 forms: a grant of 50%, to a
maximum of $40,000, to partially offset the cost of a Phase 2 Environmental Site Analysis;
waiving of the Development Charges for Brownfield properties (outside of the downtown) to an
amount equal to the Total Eligible Remediation Costs; the third part being a Tax Incremental
Grant which will be shared proportionally between the City and the Region.
He then advised that there will be some slight changes in the draft by-law as required by the City
Solicitor.
The Committee members thanked Mr. Boutilier for the instrumental role he undertook to achieve
the changes necessary to allow the Region to participate in the Brownfield Community
Improvement Plan.
On motion by Mayor C. Zehr -
it was resolved:
"That the'Kitchener Brownfield Remediation Community Improvement Plan', approved by
the Ministry of Municipal Affairs and Housing on November 27, 2003 and amended by the
Ministry of Municipal Affairs and Housing on March 31, 2008, be amended as follows:
a) The existing Table of Contents and Sections 1 to 6 of the Kitchener Brownfield
Community Improvement Plan be renamed as "Section 2 -Kitchener Brownfield
Community Improvement Plan 2003 - 2008"; and,
b) Anew Table of Contents and Sections 1 to 6 entitled "Section 1 -Region of
Waterloo -Kitchener Brownfield Remediation Community Improvement Plan" be
added, as shown in Schedule "A" attached to Chief Administrative Officer report
CAO-08-008."
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JUNE 16, 200$ - 5$ - CITY OF KITCHENER
14. ADJOURNMENT
On motion, the meeting adjourned at 10:37 p.m.
D. Gilchrist
Committee Administrator