HomeMy WebLinkAboutDev & Tech Svcs - 2008-12-01DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
DECEMBER 1.200$ CITY OF KITCHENER
The Development and Technical Services Committee met this date, commencing at 2:00 p.m.
Present: Councillor C. Weylie -Chair
Mayor C. Zehr and Councillors K. Galloway, J. Smola, J. Gazzola and G. Lorentz
Staff: C. Ladd, Chief Administrative Officer
P. Houston, General Manager, Community Services
D. Chapman, General Manager, Financial Services
T. Speck, General Manager, Corporate Services
J. Willmer, Interim General Manager, Development and Technical Services
A. Pinard, Interim Director of Planning
T. Beckett, Fire Chief
G. Murphy, Director of Engineering
M. Selling, Director of Building
G. McTaggart, Manager, Infrastructure Asset Planning
T. Malone-Wright, Senior Planner
B. Sloan, Senior Planner
G. Stevenson, Planning Technician
J. Billett, Committee Administrator
C. Goodeve, Committee Administrator
1. DTS-0$-195 - DEMOLITION CONTROL APPLICATION DC 0$I17IHIGS
- 571 HURON ROAD - ACTIVA HOLDINGS
The Committee considered Development and Technical Services Department report DTS-08-
195, dated November 14, 2008, recommending demolition of a single family dwelling at 571
Huron Road. The redevelopment of this site with either single-detached, semi-detached or
townhouse units will function as an extension of the Huron Village subdivision.
On motion by Councillor G. Lorentz -
it was resolved:
"That Demolition Control Application DC08/17/H/GS requesting permission to demolish
one single detached dwelling located at 571 Huron Road, owned by Activa Holdings Inc.,
legally described as Plan 1382 Lot 4, be approved without conditions."
2. DTS-0$-19$ - KITCHENER GROWTH MANAGEMENT STRATEGY
- DRAFT MASTER REPORT
The Committee considered Development and Technical Services Department report DTS-08-
198, dated November 26, 2008, recommending that the draft Kitchener Growth Management
Strategy (KGMS), along with the draft KGMS Implementation Program - Phase I Framework be
tabled for information and public review.
Messrs. A. Pinard and B. Sloan presented the draft KGMS, outlining that its development was a
collaborative effort in consultation with the general public, the KGMS Task Force and community
groups. Mr. Pinard stated that growth management in Kitchener is not aone-time event; rather it
will be an ongoing initiative that needs to be planned for in an effective and coordinated manner.
Mr. Sloan advised that Kitchener's population is estimated to grow to as many as 100,000
people by 2031. To proactively plan for this growth, the KGMS was created to determine where,
when and how that growth should occur. He stated that the draft strategy ensures new
development will contribute to a healthy, complete community and be aligned with future
infrastructure investments. In addition, it addresses how the City will align with the province's
Places to Grow Growth Plan and the Regional Growth Management Strategy. Mr. Sloan added
that the KGMS outlines where greenfield or new development will take place and which
intensification or infill areas will be targeted. Further, the implementation framework proposes
that the staging of development process be replaced with an Annual Growth Management
Monitoring Report and a Biannual Growth Management Plan. He stated that the KGMS
describes a planning vision of Kitchener in the future where growth has been well managed in
accordance with identified goals. He noted that over the next six weeks, the community at large,
community groups and the Task Force will have the opportunity to review and provide input on
the draft KGMS; with any necessary changes and supporting recommendations to be presented
at the January 19, 2009 Development and Technical Services Committee meeting.
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2. DTS-0$-19$ - KITCHENER GROWTH MANAGEMENT STRATEGY
- DRAFT MASTER REPORT tCONT'D)
In response to questions, Mr. B. Sloan advised that through the Places to Grow Growth Plan the
province established the built boundary area and prescribed aregion-wide 40% intensification
target by 2015. He stated that areas already identified for intensification in Kitchener's Official
Plan have the potential to accommodate the projected intensification growth to the year 2031
under current policies and regulations. In addition, using the provincial built boundary line
method, Kitchener has exceeded the minimum intensification level in five of the past six years.
He added that a combination of 10,000 new residents and jobs are being targeted for the City's
downtown by 2031, with the goal of 66% being residents in order to increase the residents to
jobs ratio to at least 40:60. Mr. A. Pinard stated that subject to receiving direction and approval
of the strategy, it is anticipated that the implementation initiative, 2009-2010 Growth
Management Plan, would be presented at the March 2, 2009 Development and Technical
Services Committee meeting. Following which all pending development applications could be
brought forward for consideration.
Ms. Ginny Quinn, resident, addressed the Committee questioning if more than 10% of the
estimated 100,000 people should be directed toward the City's Downtown; and, if enough funds
were being dedicated toward public transit. In addition, she expressed concerns with whether
the region's supply of water would be capable of accommodating the projected growth.
Mr. A. Pinard advised that the Regional Municipality of Waterloo is responsible for the supply of
water and have provided information from their experts indicating that there is enough water to
accommodate the provincially projected growth. He noted that safeguards were built into the
KGMS to provide for regular monitoring, which would allow for adjustments to be made to the
strategy based on any new information. He added that only if the City's highest growth years
were sustained would the province's projected growth be obtained. Mr. B. Sloan suggested that
regardless of whether the projected growth is reached in 2031 or 2051, it's preferable to have a
plan in place setting out the best means of accommodating any future growth. In addition, the
Places to Grow Growth Plan requires all municipalities to immediately commence with
establishing how they will meet the prescribed intensification target by 2015. He stated that the
forecasted population growth including the location and implications thereof mean change, which
is why communication with the community prior to, throughout and after the approval of the
strategy is important. He noted that Phase III of the KGMS Communications Plan will be
conducted in 2009 and beyond as a mechanism to engage in two-way communication with
citizens on the implications of a growing city, the initiatives that are being undertaking, and to
better inform residents within and adjacent to identified growth areas.
On motion by Mayor C. Zehr -
it was resolved:
"That the draft Kitchener Growth Management Strategy (KGMS) and draft KGMS
Implementation Program - Phase I Framework as attached to Development and
Technical Services Department report DTS-08-198, be received for information; and,
That the draft KGMS and supporting draft documents be referred to the KGMS Task
Force for discussion and comment and returned, with any necessary changes and with
supporting recommendations, to the January 19, 2009 Development and Technical
Services Committee meeting for consideration; and further,
That pending approval of the KGMS at the January 26, 2008 Council meeting, the KGMS
Implementation Program -Phase I Growth Management Plan be presented at the
February 9, 2009 Development and Technical Services Committee meeting for
information and public review, with a final version to be presented at the March 2, 2008
Development and Technical Services Committee meeting."
This meeting recessed at 3:14 p.m. and reconvened at 6:05 p.m. with the following members present:
Mayor C. Zehr and Councillors C. Weylie, J. Smola, J. Gazzola, K. Galloway and G. Lorentz.
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3. DTS-0$-176 - OFFICIAL PLAN 0$l05ICOKITMW -CITY WIDEICITY INITIATED
- REQUIREMENTS FOR COMPLETE APPLICATIONS AND PRE-
SUBMISSION CONSULTATION MEETINGS
The Committee considered Development and Technical Services Department report DTS-08-
176, dated November 25, 2008, advising that in January 2007, the Province amended the
Planning Act and associated regulations that included authorization for municipalities to require
pre-submission consultations in advance of applicants submitting development applications.
These changes also allow municipalities to require additional information and materials to
support and accept an application as complete under the Planning Act. Further municipalities
may only enforce these requirements if they are incorporated in an Official Plan, and the pre-
submission consultation meeting must also be implemented by by-law. The proposed by-law will
also enable the City to require other information and materials at the beginning of the application
process which the City considers necessary to conduct a thorough review of the development
application process.
The Committee received this date a written submission from Mr. Peter Smith, Bousfields Inc. on
behalf of Ian Cook Homes, dated December 1, 2008 advising of their support of the revised draft
Official Plan amendment as attached to report DTS-08-176, dated November 25, 2008.
Ms. Jennifer Voss, Activa Group, attended to request clarification as to why Schedule `I' (Other
Information and Materials Required to Process an Application) will apply to site plan applications.
She noted that generally the site plan process follows submission of an application for an Official
Plan or Zone Change and the required studies and other information would already be required
on submission of the latter applications.
Ms. T. Malone-Wright advised that the intent is to have an all encompassing policy for all types
of planning applications. She pointed out that often during the site plan process other issues not
previously known come to light that may require additional studies or information to be supplied.
Ms. Malone-Wright added that the proposed amendment serves to formalize an existing pre-
submission process that was not mandatory for applicants to enter into but under the new
legislation, the City is now authorized to make it a requirement.
On motion by Councillor G. Lorentz -
it was resolved:
"The City Initiated Official Plan Amendment OP08/05/COK/TMW, which implements new
requirements for complete applications under the Planning Act, be adopted in the form
shown in the Official Plan Amendment attached to Development and Technical Services
Department report DTS-07-176, and accordingly be forwarded to the Region of Waterloo
for approval; and further,
That the by-law to require Pre-Submission Consultation Meetings for applications for
Plans of Subdivision, Plans of Vacant Land Condominium, for amendments to the City's
Official Plan, Zone Changes and Site Plans, be approved in the form shown in the
"Proposed By-law", dated October 29, 2008, attached to Development and Technical
Services Department report DTS-08-176."
4. DTS-0$-197 - 2009 NEW SIDEWALK INFILL PROGRAM
The Committee considered Development and Technical Services Department report DTS-08-
197, dated November 18, 2008, in which staff recommend the locations for installation of new
sidewalks in 2009. The purpose of this program is to install sidewalks in locations within the
urbanized portion of the City where no sidewalks exist, and it supports the overall objective of
providing a walking environment that is as safe as possible for all of the City's pedestrians.
The Committee was in receipt this date of a petition signed by area residents in opposition to the
proposed new sidewalk installation on Rockway Drive, from Floral Crescent to Dune Road.
Mr. G. McTaggart advised that in light of the new sidewalk infill program becoming of increasing
public interest and in some instances, contentious, staff decided to bring the matter forward this
year for the Committee's consideration of the proposed installations in 2009. Mr. McTaggart
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
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4. DTS-0$-197 - 2009 NEW SIDEWALK INFILL PROGRAM tCONT'D)
stated that the program supports corporate goals, objectives and guiding principles of the City's
Pedestrian Charter, Strategic Plan for the Environment and A Plan for A Healthy Kitchener. The
majority of sidewalks proposed were selected under the process approved by Council earlier this
year, with the only exception being Bruce Street which remains outstanding under the previous
selection process. Mr. McTaggart advised that the Committee may be asked by affected
residents to either remove or defer the proposed sidewalk installation in their area which will be
at the Committee's discretion to recommend to Council, as the policy does not speak to
exemptions or deferral to a later date.
Councillor C. Weylie inquired as to how many streets remain on the list of candidates in respect
to the potential to substitute other streets should any on the proposed 2009 list be removed or
deferred. Mr. McTaggart stated that program funding allows between 4 to 8 streets to be
completed in a given year dependent on the length of the streets. He added that several
hundred streets are on the waiting list.
Councillor J. Gazzola commented that it was his understanding staff had been asked to review
the criteria used to determine how it may be done differently. Mr. McTaggart stated that it was
his understanding that direction had been left open for staff to consider over the coming year the
need to fine tune the policy. Councillor Gazzola suggested that the policy should be reviewed in
its entirety with a view to ensure a common sense approach to the selection process. He
questioned if a weighting of streets is applied, adding that it appears staff chose one street from
each ward. Mr. McTaggard advised that it had not been a matter of choosing one street per ward
but rather streets were chosen based on driving factors as set out in the policy and the primary
driving factor for all streets proposed in 2009 was the close proximity of a school. Councillor
Gazzola inquired if the wishes of affected residents is part of the determining criteria and Mr.
McTaggart responded that it was not.
Taposhi Batabyal and Sharon Ward-Zeller, attended as representatives of the Grand River
Accessibility Advisory Committee (GRAAC) whose mandate is to identify, prevent and remove
barriers for persons with disabilities and strives to achieve universal access for all. Ms. Batabyal
stressed the importance of accessibility and inclusion for all in providing access to all services.
Ms. Ward-Zeller conveyed examples of the difficulty persons with disabilities face in travelling
through neighbourhoods that do not have sidewalks, expressing the importance of having a safe
and comfortable route on which to traverse.
Heather Woodley, James Axler and Bob Chilton, had registered to speak to this matter but did
not attend the meeting this date. A written submission was received from Mr. Chilton, on behalf
of Rockway Drive residents, outlining their reasons for opposing sidewalk installation on
Rockway Drive.
Mr. Bob Star, resident of Bruce Street, spoke in support of the sidewalk installation on Bruce
Street, from Victoria Street to Fife Avenue, to address issues of safety as it relates to the close
proximity of schools in the area and the difficulty persons with disabilities have in travelling
through the neighbourhood as a result of the lack of sidewalk. He stated that no one would lose
property frontage as the sidewalk is to be constructed on the City's right-of-way and suggested
that opposition from other area residents relates to the issue of responsibility for snow removal.
He noted that patio stones have been laid along the Bruce Street side of a property fronting
Frederick Street for pedestrian usage and raised concerns relative to the unsafe condition of the
stones and liability in the event they are the cause of an incident. Mr. Star suggested that the
City consider provision of sidewalk snow removal in contentious areas or if no sidewalk is
installed, the City apply a fee to those encroaching into the right-of-way for personal use. He
added that a petition opposing the sidewalk installation should be challenged as it includes other
streets and buildings outside the affected area.
Mr. Star responded to questions, advising that there is a sidewalk on one side of Bruce Street,
from Fife Avenue to Rosemount Drive; on both sides from Frederick Street to the K-W
Expressway; on one side from the Expressway on/off ramp to Victoria Street; and on both sides
from Fife Avenue to Heather Street.
Mr. Don Straus, resident of Bruce Street, spoke on behalf of area residents who oppose the
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
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4. DTS-0$-197 - 2009 NEW SIDEWALK INFILL PROGRAM tCONT'D)
Bruce Street sidewalk installation. Mr. Straus provided reasons for their opposition, including:
associated costs and unnecessary spending relative to the current economic crisis; limited
pedestrian traffic and non-destination orientation of the street; access to schools coming from
east/west and heading north away from the proposed sidewalks; the side proposed for sidewalk
installation is narrower and does not meet the City's Policy of having sidewalks on both sides of
a local street where the road allowance is 16m or greater; construction will limit on-street parking
and traffic flow causing inconvenience to home businesses and raises security issues as it
relates to having to park their vehicles on alternate streets; affected residents will experience
increased time and cost related to property maintenance (i.e. littering, snow removal);
construction of a sidewalk will have adverse impact to the aesthetics of the frontage of lots
affected; and construction and materials used in sidewalk installation will have an adverse
impact to the environment. Mr. Straus asked that the Committee weigh opposition of the
residents in considering this matter and suggested that the proposed sidewalk installation on this
portion of Bruce Street would not need to be revisited for several years.
Mr. Straus responded to questions, advising that four homes are located on the side of Bruce
Street proposed for sidewalk installation from Frederick Street to Fife Avenue and approximately
six to ten homes across the street have a sidewalk. Mr. Straus noted that of those who had
signed a petition only two properties on the side having a sidewalk support the proposed
installation and all four homes between Frederick Street and Fife Avenue on the non-serviced
side oppose the installation. Mr. Straus then submitted the referenced petition to the Committee.
Councillor J. Gazzola inquired as to how many in the immediate area would make use of the
sidewalk and Mr. G. McTaggart responded that it would be difficult to determine a number; and
pointed out that the policy is geared toward universal access for all. Councillor Gazzola inquired
as to how many homes on Bruce Street are in the area of the proposed sidewalk installation and
Mr. McTaggart responded that there are approximately thirty homes. Councillor Gazzola inquired
as to how many of these either support or oppose the installation. Mr. G. Murhpy clarified that
fifteen properties abut the proposed location of the sidewalk. He added that notice of a public
open house had been circulated, to which three people representing two of the fifteen properties
attended and both were opposed to the installation.
Mr. Straus stated that four people had attended representing the two properties and in circulating
the petition following the public open house he was given to understand that some area
residents on the north side and beyond Fife Avenue toward Heather Street had not received
notice. Mr. G. Murphy stated that he would be surprised if that was the case as every property
directly affected should have received notice.
Councillor C. Weylie inquired if Mr. Straus thought a sidewalk would be appropriate on Bruce
Street, from Ephraim Street to Victoria Street. He responded that their concern had been with
the proposed sidewalk from Frederick Street to Fife Avenue which they consider redundant
given the number of sidewalks in the area, but did suggest that heading toward Victoria Street,
commercial businesses may benefit from a sidewalk.
Mr. Paul Schumacher, Chair, Mayor's Advisory Council for Kitchener Seniors (MACKS),
attended to convey Macks support for continued implementation of the City's policy as it relates
to pedestrian safety and community health.
Adam Libertini, Emma Rochon and Dan Rocha, representatives of Kitchener's Youth Action
Committee (KYAC) attended to convey KYAC's support for sidewalk installation to address
issues of safety and to meet the needs of those who do not own/operate motor vehicles; in
particular, youth who walk to and from schools and bus depots, and persons with disabilities.
Councillor J. Gazzola inquired if KYAC felt it necessary to have sidewalks on both sides of the
street. The delegation responded that they would expect consideration to be dependent on the
length of street and amount of pedestrian/motor vehicle traffic in the area. Councillor Gazzola
asked the same question of the delegation representing GRAAC and they responded that
sidewalks were absolutely necessary on both sides of the street, commenting on the difficulty of
persons with disabilities accessing buildings on both sides of the street where only one side has
a sidewalk.
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4. DTS-0$-197 - 2009 NEW SIDEWALK INFILL PROGRAM tCONT'D)
Ms. Pat Bellamy, resident of Bruce Street, commented that she had spoken to a property owner
on Bruce Street who operates a scooter and who indicated that they purposely chose to use the
road as condition of the sidewalk is poorer than that of the road. She added that the number of
property owners in opposition between Frederick Street and Fife Avenue is smaller because of
larger lot sizes.
Mr. Joseph Soulier, resident of Bruce Street, spoke in support of the sidewalk installation,
agreeing that the patio stones referred to earlier were not safe and posed a liability issue and
expressing the opinion that businesses on the street would benefit from having a sidewalk for
their customers to utililize.
Councillor J. Smola brought forward a motion to approve the streets proposed for new sidewalk
installation in 2009 and at the request of Councillor G. Lorentz, it was agreed that each location
would be voted on separately.
With regard to Bruce Street, Councillor J. Smola commented that the proposed sidewalk allows
the neighbourhood to link with existing sidewalks, providing opportunity for pedestrians to walk
one either side of the street and is needed to address issues of safety. He added that property
owners will not loose any of their frontage as the installation will be solely on the City's right-of-
way.
Councillor J. Gazzola questioned the need to have sidewalks on both sides of the street in older,
established neighbourhoods where the majority of residents do not want the sidewalk and do not
agree that there is an issue of safety; however, he stated that in this instance, the City has
demonstrated that Bruce Street is a heavily travelled area and he would support the installation
of the proposed sidewalk. He maintained that the City's policy on new sidewalk installation
should be reviewed to ensure a common sense approach is applied. Mayor C. Zehr agreed that
circumstances should be considered for each allocation but was supportive of the proposed
installation on Bruce Street given the nature of traffic in the area and the fact that the sidewalk
can be accommodated entirely within the City's right-of-way.
With respect to Doon Valley Drive, Mr. G. Murphy provided clarification of the driving factors
resulting in its recommendation, noting that the proposed sidewalk represents only a portion of
the entire length of street assessed as in need of a sidewalk and staff hope to complete the
entire length over time.
At the request of Councillor G. Lorentz, it was agreed to defer the proposed sidewalk installation
on Rockway Drive for a period of one year to allow outstanding neighbourhood issues to be
resolved.
Staff was directed to provide additional information for the December 8, 2008 Council meeting in
respect to a suggestion by Mayor C. Zehr to consider the feasibility of installing a sidewalk on
Rockway Drive from Floral Crescent to the Rockway Golf Course parking lot.
On motion by Councillor J. Smola -
it was resolved:
"That the following locations be approved for installation of new sidewalk in the 2009 New
Sidewalk Construction program:
1) Arnold Street: from Lancaster Street to Oxford Street
2) Bruce Street: from Victoria Street to Fife Avenue
3) Doon Valley Drive: from 200m. east of Old Mill Road to end
4) Heritage Drive: from Ottawa Street to Shaftsbury Drive
5) North Drive: from Queens Boulevard to Spadina Road; and further,
That the proposed installation of new sidewalk in 2009 on Rockway Drive, from Floral
Crescent to Doon Road, be deferred for a period of one (1) year to allow outstanding
neighbourhood issues to be resolved."
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
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4. DTS-0$-197 - 2009 NEW SIDEWALK INFILL PROGRAM tCONT'D)
At the request of Councillor G. Lorentz, staff was also directed to undertake a full review of the
existing policy and criteria relative to the concerns raised this date and report back to a future
Development and Technical Services Committee meeting. Mr. G. Murphy suggested, and it was
agreed, that such review also include clarification of the approval process to aid in expediting
installation under the new sidewalk infill program.
5. ADJOURNMENT
On motion, the meeting adjourned at 7:20 p.m.
C. Goodeve J. Billett
Committee Administrator Committee Administrator