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HomeMy WebLinkAboutDev & Tech Svcs - 2008-11-17DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 17, 200$ CITY OF KITCHENER The Development and Technical Services Committee met this date, commencing at 7:00 p.m. Present: Councillor C. Weylie -Chair Mayor C. Zehr and Councillors K. Galloway, J. Smola, J. Gazzola, G. Lorentz and B. Vrbanovic. Staff: C. Ladd, Chief Administrative Officer J. Willmer, Interim General Manager, Development and Technical Services A. Pinard, Interim Director of Planning J. McBride, Director of Transportation Planning G. Murphy, Director of Engineering M. Selling, Director of Building F. McCrea, Assistant City Solicitor K. Carmichael, Supervisor of Traffic and Parking D. Gilchrist, Committee Administrator 1. DTS-0$-169 - ON-STREET PARKING -BORDEN AVENUE NORTH The Committee considered Development and Technical Services Department report DTS-08- 169, dated October 28, 2008, recommending a parking restriction from January 1st to March 31st of each year on the west side of Borden Avenue North from Crescent Street to Weber Street East. On motion by Councillor G. Lorentz - it was resolved: "That on-street parking be prohibited from January 1st to March 31st of each year on the west side of Borden Avenue North from Crescent Street to Weber Street East; and the Uniform Traffic By-law be amended accordingly." 2. DTS-0$-170 - ON-STREET PARKING -MADISON AVENUE NORTH The Committee considered Development and Technical Services Department report DTS-08- 170, dated October 31, 2008, recommending a parking restriction on along a portion of the east side of Madison Avenue North. On motion by Councillor G. Lorentz- it was resolved: "That on-street parking be limited to two (2) consecutive hours between 8 a.m. and 6 p.m. Monday to Friday along the east side of Madison Avenue North, from a point 35 metres north of King Street East to a point 26 metres south of Duke Street East; and the Uniform Traffic By-law be amended accordingly. " 3. DTS-0$-1 $4 - ON-STREET PARKING - TRUSSLER ROAD The Committee considered Development and Technical Services Department report DTS-08- 184, dated October 29, 2008, recommending that a 3 hour parking limit be reinstated on the north side of Trussler Road from Waldau Crescent to Costain Court. On motion by Councillor G. Lorentz- it was resolved: "That a three (3) hour parking limit be reinstated on the north side of Trussler Road from Waldau Crescent to Costain Court; and further, that the Uniform Traffic By-law be amended to incorporate the parking regulations that were in effect under the Region of Waterloo's jurisdiction previous to the roadway's jurisdiction being downloaded to the City of Kitchener on November 1, 2006; and to reflect the recommended regulation changes." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 17, 200$ - 96 - CITY OF KITCHENER 4. DTS-0$-193 - NOISE EXEMPTION - SANDROCK GREENWAY The Committee considered Development & Technical Services Department report DTS-08-193, dated November 7, 2008, recommending an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code, for the City and it's contractors, during reconstruction of the Sandrock Greenway Sanitary Trunk Sewer replacement, between the hours of 7 a.m. to 7 p.m. for the period of November 7, 2008 to January 31, 2008. Councillor G. Lorentz raised a concern about this request, suggesting that an exemption may not be appropriate, as the Greenway is surrounded by a residential area. He questioned whether the noise would keep people up at night. Mr. McBride advised that he will inquire as to whether they will be running all night. On motion by Councillor G. Lorentz - it was resolved: "That the City of Kitchener and its contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the reconstruction of the Sandrock Greenway Sanitary Trunk Sewer Replacement -Phase 1 in the City of Kitchener, between the hours of 7:00 p.m. to 7:00 a.m. for the period from November 7, 2008 to January 31, 2009." 5. DTS-0$-1 $5 - RIGHT TURN PROHIBITION - GAUKEL STREET AT KING STREET WEST The Committee considered Development and Technical Services Department report DTS-08- 185, dated October 30, 2008, recommending the prohibition of right turns on red at any time on Gaukel Street at the intersection of King Street West. On motion by Councillor G. Lorentz- it was resolved: "That right turns on red be prohibited at any time on Gaukel Street at the intersection of King Street West; and the Uniform Traffic By-law be amended accordingly." 6. DTS-0$-163 - ZONE CHANGE APPLICATION ZC 0$I16ISIKA - $0 SHANLEY STREET -KAREN KANTOR & GREGORY SMITH The Committee considered Development and Technical Services Department report DTS-08- 163, dated October 6, 2008, recommending approval of a zone change for the property municipally known as 80 Shanley Street, from R-5 to R-6 with a special regulation. The R-6 zoning will recognize the existing use of the property as a 5 unit multiple dwelling. The special regulation will limit multiple dwellings to the existing building, limit the number of units to 5, to permit a lot width of 13.3m, a side yard set back of 1.35m and a floor space ratio of 0.75. Mr. Pinard explained the purpose of this zone change. Ms. K. Kantor and Mr. G. Smith, the applicants, were in attendance in support of the staff recommendation. On motion by Councillor J. Smola- it was resolved: "That Zone Change Application ZC08/16/S/KA for the purpose of changing the zoning from Residential Five (R-5) to Residential Six (R-6) with Special Regulation Provision 483R on lands legally described as, Part of Lot 438 Grange's Survey, Plan 376, municipally known as 80 Shanley Street in the City of Kitchener be approved in the form shown in the attached Proposed By-law dated October 1, 2008 attached to Development & Technical Services Department report DTS 08-163." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 17, 200$ - 97 - CITY OF KITCHENER 7. DTS-0$-175 - ZONE CHANGE APPLICATION ZC 07I21IKISR - 391 KARN STREET -JOHN SERVICE STATION LTD. The Committee considered Development & Technical Services Department report DTS-08-175, dated October 16, 2008, recommending approval of a zone change for the property municipally know as 391 Karn Street from R-4 to R-5 with a special provision, to legalize an existing three unit multiple dwelling. The special regulation provision will legalize one of the 3 required parking spaces to be located between the fagade and the front lot line. Staff also recommend that a condition be imposed requiring that the existing cedar trees within the driveway visibility triangles be trimmed to provide adequate sight lines, prior to the by-law receiving 3 readings. Mr. Pinard reviewed the report, noting that staff have amended their recommendation to remove the condition, as the owner has removed branches from the cedars trees in order to provide the required visibility triangle. The owner was in attendance and in response to a question from Councillor Weylie, advised that the tenant causing the noise no longer lives there and the property is now being maintained. On motion by Councillor G. Lorentz- it was resolved: "That Zone Change Application ZC 07/21 /K/SR (391 Karn Street -John Service Station Ltd) for the purpose of changing the zoning from Residential Four (R-4) to Residential Five (R-5) with special regulation provision, 4850, on lands legally described as Plan 645 Part Lot 20 Part Lot 21 RP 58R3109 Part 2, in the City of Kitchener, be approved in the form shown in the Proposed By-law, attached to Development & Technical Services Department report DTS 08-175." $. DTS-0$-1 $$ - TRAFFIC CALMING -HERITAGE DRIVE The Committee considered Development & Technical Services Department report DTS-08-188, dated November 3, 2008, recommending traffic calming measures to be installed on Heritage Drive between Ottawa Street North and Halifax Drive. Mr. Carmichael reviewed the report noting that 91% of the residents who responded recommended speed humps as the preferred method of traffic calming. Councillor Lorentz suggested something be done about the design of the speed humps, in terms of how they tapper at the curb; explaining that on Greenbrook Drive cars go over these humps at the curb because there is less of a hump. Mr. McBride advised that staff will investigate whether the design of the humps can be modified. Councillor Vrbanovic thanked staff for coming forward with this report. He noted that on Heritage Drive there is a potential for conflict between cyclists and vehicles, particularly the section between Oakhust and Ottawa Street. He directed staff to come forward with a report some time this winter to recommend what can be done to avert this potential conflict. On motion by Councillor B. Vrbanovic- it was resolved: "That nine (9) speed humps be installed on Heritage Drive between Ottawa Street North and Halifax Drive; and, That the existing curb extensions on Heritage Drive between Grand River Collegiate and Lorraine Avenue be removed and the roadway restored to its original width; and further, That staff submit a report to the Development and Technical Services Committee, some time this winter, on how to resolve the conflict between bicycles and motor vehicles on that portion of Heritage Drive between Ottawa Street and Oakhurst Crescent." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 17, 200$ - 9$ - CITY OF KITCHENER 9. DTS-0$-191 - DEMOLITION CONTROL APPLICATION DC 0$I14IGIAP - 921 GLASGOW STREET - 21179$$ ONTARIO INC. tZ GROUP) The Committee considered Development & Technical Services Department report DTS-08-191, dated October 9, 2008, recommending approval of a Demolition Control Application for the property municipally known as 921 Glasgow Street, subject to conditions. This property is located on the south side of Glasgow Street between Fischer-Hallman Road and University Avenue, and is included in Phase 2 of Plan of Subdivision 30T-88042. Mr. Pinard reviewed the report noting that the building is in poor condition and will likely not last the winter. He advised that Heritage staff have no concerns with this application. Mr. V. Lebreche, Lebreche Patterson, planning consultant for the applicant, was in attendance in support of the staff recommendation. On motion by Councillor G. Lorentz- it was resolved: "That Demolition Control Application DC08/14/G/AP requesting permission to demolish one single detached dwelling and a detached garage located at 921 Glasgow Street, owned by 2117988 Ontario Inc., legally described as Part Lot 34 GCT, and Part 4 of Plan 58R-15652 be approved, subject to the following conditions: 1) That the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: a) That prior to the application being approved by Council, the owner submit a Letter of Undertaking, to the satisfaction of the City Solicitor and Director of Planning, agreeing to retain a "Certified Arborist" to meet on site with City staff, the land owners and their contractors prior to any demolition being started to confirm and provide protective tree fencing for existing treed areas that could be impacted by the contractor during the demolition process. Further, the Arborist will be on site during the demolition time period in order to instruct and direct the contractors demolition procedures to protect trees from being unnecessarily damaged or removed and the Arborist will advise the Director of Planning prior to the start of demolition of any trees that will need to be removed during the removal of the house, shed, septic system and well areas as noted on the approved Demolition Control Plan." 10. PRESENTATION -NEW REGIONAL OFFICIAL PLAN Mr. R. Horne & Mr. K. Curtis, Region of Waterloo, were in attendance to advise the Committee of the process and the changes for a new Official Plan for the Region of Waterloo. The new Official Plan will focus on the Regional Growth Management Strategy within a legal framework and will provide implementation tools. This Official Plan will comply with provincial requirements, such as conforming to Places to Grow, which all municipalities must do by June 2009, and new provincial legislation such as wellhead protection. This Official Plan has been and is being achieved through collaboration with area municipalities, amunicipal working group, special interest workshops and focus groups. Mr. Curtis advised of next steps including: public open houses, public use of an interactive user- friendly website, and ongoing meetings with the area municipalities, the public and special interest groups. He advised that comments from all parties are due by the end of January 2009. By spring 2009 staff will update Regional Council with the comments from the community and a final draft of the Official Plan will be presented to Regional Council in June 2009. In response to questions from the Committee, Mr. Curtis advised that this Official Plan is focused on liveability including transportation and landuse. It also reflects new provincial legislation. With respect to turn-out, Mr. Curtis advised that approximately 120 people attended the Region's Public Open houses. Participants through advisory groups are in the range of 300 people, and their mailing list extends to 650 people and organizations. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 17, 200$ - 99 - CITY OF KITCHENER 10. PRESENTATION -NEW REGIONAL OFFICIAL PLAN tCONT'D) Mr. Curtis also advised that the maximum amount of time for an Official Plan is 20 years, according to legislation. Mr. Curtis advised that the main changes for the City of Kitchener, and according to the provincial growth plan, is that Kitchener becomes an urban growth centre, which requires 200 persons/jobs per hectare. Another change will be the inclusion of rapid transit and routing. He also advised that for Greenfield lands the density is established at 60 persons/jobs per hectare, and for employment lands 40 persons/jobs per hectare. The Official Plan will also include a water recharge area in south-west Kitchener. In response to questions from Mayor Zehr, Mr. Curtis advised that the "Countryside Line" will be based on the demand for land budget. Further, there has been an identified need for industrial land. As well as an "urban reserve" the plan will target certain areas for urban growth. In conclusion, Mr. Curtis advised that the Official Plan has to be reviewed every 5 years and as part of that, the land budget will be reviewed every 5 years. Mayor Zehr advised that the City of Kitchener would not pursue employment lands in the south- west. The moraine is a significant portion of the lands that we suggested be employment lands. He questioned whether they will remain as employment lands as he hopes they will be and that other lands will be designated as residential. Mr. Horne advised that there are 28,000 residential lots on inventory in the Region, and we do need an employment lands reserve. Mayor Zehr questioned whether the Region's Official Plan will sterilize the moraine and Mr. Horne responded that there are probably areas that will not be touched but there are areas that are developable. Mr. Pinard advised that staff are undertaking a review of this area and will present a report in January. 11. DTS-0$-177 - 2009 BUILDING PERMIT FEES The Committee considered Development & Technical Services Department report DTS-08-177, dated November 6, 2008, recommending 2009 Building Permit Fees. Mr. Selling presented this report, noting that notice had been given that these fees would be considered at this meeting. He also advised that they have been presented to the Home Builders Association who have no concerns with the proposed fees, which are recommended to be increased 3% over the 2008 fees. On motion by Councillor B. Vrbanovic - it was resolved: "That the proposed fees and charges contained in the 2009 Building Permit Fee Review, attached to Development & Technical Services Department report DTS-08-177 be approved; and further, That Legal Services prepare a by-law to amend Chapter 710 (Building Permit Fees) of the City of Kitchener Municipal Code to include these new fees." 12. DTS-0$-1 $7 - TRAFFIC CALMING - VANIER DRIVEITRAYNOR AVENUE The Committee considered Development & Technical Services Department report DTS-08-187, dated November 4, 2008, recommending traffic calming measures to be installed on Traynor Avenue between Wilson Avenue and Vanier Drive in the spring of 2009. Mr. Carmichael presented the report noting that the community response is 86% in support of staff's recommendation. With respect to agency support, he noted that Grand River Transit has concerns about delays due to speed humps. Councillor Gazzola questioned whether a letter had been sent out to the community advising of this meeting, and Mr. Carmichael advised that such a letter had been sent over a week ago. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 17, 200$ - 100 - CITY OF KITCHENER 12. DTS-0$-1 $7 - TRAFFIC CALMING - VANIER DRIVEITRAYNOR AVENUEtCONT'D) On motion by Councillor J. Gazzola- it was resolved: "That five (5) speed humps be installed on Traynor Avenue between Wilson Avenue and Vanier Drive in Spring 2009; and further, That five (5) speed humps be installed on Vanier Drive between Traynor Avenue and Walton Avenue in conjunction with the completion of the road resurfacing in 2010 and upon the review of the effectiveness of the Traynor Avenue Traffic Calming." 13. DTS-0$-173 - DEMOLITION CONTROL APPLICATION DC 0$I16IKISR - 1167 KING STREET EAST -MARIA & LOU TUTIANU The Committee considered Development & Technical Services Department report DTS-08-173, dated October 30, 2008, recommending approval of a Demolition Control Application for the property municipally known as 1167 King Street East, subject to conditions. The zoning of the property is Commercial Residential Four (CR-4) and is designated in the Official Plan as Mixed Use Corridor, within the King East Secondary Plan. It is the owner's intention to remove the residential use from the property, and construct a commercial building that will contain a florist shop on the main floor and an office in the basement. Mr. Pinard reviewed the report noting that there has been a change to the proposed redevelopment, as the applicant is now proposing to build a 2 storey building, which is in keeping with zoning by-law requirements. On motion by Councillor B. Vrbanovic- it was resolved: "That Demolition Control Application DC 08/16/K/SR requesting permission to demolish a building containing three dwelling units and a florist store, owned by Maria and Ion Tutuianu, located at 1167 King Street East, legally described as Plan 251 Part Lot 6 Part Lot 7 Part Street & Lane Closed, be approved in principle, subject to the following condition: 1) That the owner obtains site plan approval for the proposed commercial building. 2) Upon satisfaction of Condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act. The demolition permit will be subject to the following condition: That in the event that construction of commercial building 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, $20,000 for each dwelling unit contained in the residential property in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued." 14. DTS-0$-192 - DEMOLITION CONTROL APPLICATION DC 0$I14IGIAP - 615 LANCASTER STREET WEST - GORDAN KASTER The Committee considered Development & Technical Services Department report DTS-08-192, dated November 3, 2008, recommending approval of a Demolition Control Application for the property municipally known as 615 Lancaster Street West, without conditions. Mr. Pinard reviewed the report. On motion by Councillor J. Smola- it was resolved: "That Demolition Control Application DC08/15/UGS requesting permission to demolish one (1) single detached dwelling located at 615 Lancaster Street West, owned by Gordon Kaster, legally described as Survey Eby Devitt Plan 577 PT Lot 2 Lot 59 GCT, be aggroved without conditions." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 17, 200$ - 101 - CITY OF KITCHENER 15. ADJOURNMENT On motion, the meeting adjourned at 7:57 p.m. D. Gilchrist Committee Administrator