HomeMy WebLinkAboutDev & Tech Svcs - 2009-01-05DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 5.2009 CITY OF KITCHENER
The Development and Technical Services Committee met this date, commencing at 6:15 p.m.
Present: Councillor C. Weylie -Chair
Mayor C. Zehr and Councillors K. Galloway, J. Smola, J. Gazzola, B. Vrbanovic and G.
Lorentz
Staff: C. Ladd, Chief Administrative Officer
J. Willmer, Interim General Manager, Development and Technical Services
R. Regier, Executive Director, Economic Development
M. May, Director Corporate Communications/Marketing
T. Beckett, Fire Chief
M. Selling, Director of Building
A. Pinard, Interim Director of Planning
F. McCrea, Assistant City Solicitor
B. Korah, Manager, Development Engineering
D. Ross, Manager, Development Review
K. Carmichael, Supervisor, Traffic and Parking
K. Anderl, Senior Planner
J. von Westerholt, Senior Planner
B. Bateman, Senior Planner
C. Bluhm, Urban Investment Advisor
A. Pinnel, Planner
D. Gilchrist, Committee Administrator
1. DTS-09-001 - HIGHWAY $ RECONSTRUCTION & WIDENING
- MINISTRY OF TRANSPORTATION -NOISE EXEMPTION
The Committee considered Development and Technical Services Department report DTS-09-
001, dated November 7, 2008, recommending an exemption from City of Kitchener Municipal
Code Chapter 450 (Noise) for construction work being undertaken by the Ministry of
Transportation and its contractor(s) during reconstruction and widening of Highway 8.
On motion by Councillor G. Lorentz-
it was resolved:
"That the Ministry of Transportation 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 and widening of Highway 8 from 1.0 km north of the Grand
River Bridge southerly to Highway 401 in the City of Kitchener, Ministry of Transportation
G.W.P 277-97-00, between the hours of 7:00 p.m. to 7:00 a.m. for the period anticipated
from March 31, 2009 to tentatively be completed in December 31, 2011. "
2. DTS-09-002 - ON-STREET PARKING -BLOCK LINE ROAD & LENNOX LEWIS WAY
The Committee considered Development and Technical Services Department report DTS-09-
002, dated December 10, 2008, recommending a prohibition of on-street parking along both
sides of Block Line Road from Fallowfield Drive to Courtland Avenue East and both sides of
Lennox Lewis Way from Ardelt Avenue to Block Line Road. Mr. Carmichael presented this
report.
Councillor Gazzola questioned the potential problems with parking on these roads. Mr.
Carmichael responded that this is a proactive recommendation recognizing that the operation of
the roadways can not handle on-street parking, as there will be two through lanes and two
bicycle lanes. Councillor Gazzola commented on the $3,000 cost and Mr. Carmichael advised
that these are long roads.
Councillor Galloway questioned whether it is realistic to prohibit on-street parking on Lennox
Lewis Way. Mr. Carmichael advised that the Community Services Department made
arrangement for parking on other properties such as St. Mary's High School and the arena.
Councillor Galloway spoke of her concern about the adequacy of handicap parking at the facility
and Mr. Carmichael advised that he will communicate this concern to the Community Services
Department and ask them to designate more handicap parking spaces.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 5, 2009 - 2 - CITY OF KITCHENER
2. DTS-09-002 - ON-STREET PARKING -BLOCK LINE ROAD & LENNOX LEWIS WAY1
CONT' D
On motion by Councillor G. Lorentz -
it was resolved:
"That on-street parking be prohibited at anytime along both sides of Block Line Road from
Fallowfield Drive to Courtland Avenue East; and,
That on-street parking be prohibited at anytime along both sides of Lennox Lewis Way
from Ardelt Avenue to Block Line Road; and further,
That the Uniform Traffic By-law be amended accordingly. "
3. CRPS-0$-194- ENVIRONMENTAL COMMITTEE RECOMMENDATION
- 200$ COMMUNITY ENVIRONMENTAL IMPROVEMENT GRANT
RECIPIENTS
The Committee considered Corporate Services Department report CRPS-08-194, dated
December 11, 2008, providing the committee with the recommendation of the Environmental
Committee regarding 2008 Community Environmental Improvement Grants. Mr. Pinard
presented this report.
It was noted that Ms. J. Evans had registered as a delegation on this item, but was not in
attendance.
Councillor Gazzola questioned approval of a grant for an organization that funds another
organization, being the Kitchener Master Gardeners. Mr. Pinard advised that he had no
knowledge of such an arrangement and advised that the sub-committee reviewed these grant
applications very thoroughly. Councillor Vrbanovic advised that the Kitchener Master Gardeners
will be running a series of seminars through out 2009, leading up to an event to be held in 2010,
that will be hosted in partnership with other organizations.
Councillor Gazzola expressed concern that the City has to advertise to give away money.
Councillor Vrbanovic advised that it is necessary to inform people about this program. He stated
that the Environmental Committee was quite pleased to see that there were applications from
groups other than schools.
On motion by Councillor B. Vrbanovic -
it was resolved:
"That the 2008 Community Environmental Improvement Grant (CEIG), to be funded from
the Environmental Stewardship Capital Account, be awarded as follows: $650. to
Kitchener-Waterloo Urban Harvester; $2,000. to Opportunities Waterloo Region; $1,900.
to Our Place Family Resource and Early Years Centre; $1,600 to Kitchener Master
Gardeners; $1,600. to Forest Heights Community Association; $500. to Sustainable
Cycles -Mothers of the Planet Earth; $1,500. to St. Mary's Catholic Church; and, $1,000.
to Olde Berlin Towne Neighbourhood Association; and further,
That the remaining $750. of the 2008 CEIG funds be prorated to assist with costs related
to advertising the 2009 grant program."
4. DTS-09-004 - AIR QUALITY AND EMISSIONS -DRIVE THROUGH FACILITIES
The Committee considered Development and Technical Services Department report DTS-09-
004, dated October 21, 2008, regarding air quality and emissions relative to drive through
facilities. Mr. Pinard presented this report, and requested an amendment to recommendation
no. 3 in the staff report to remove the words "Tim Hortons".
Mr. Pinard advised that the body of research and data on air quality of vehicles using drive-
through facilities is quite new and there is no body of scientific information.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 5, 2009 - 3 - CITY OF KITCHENER
4. DTS-09-004 - AIR QUALITY AND EMISSIONS -DRIVE THROUGH FACILITIES, CONT'D
Mayor Zehr remarked that he thought Council had already directed staff relative to the design
guidelines. Mr. Pinard responded that staff is trying to tie-up loose ends, and is stating the
obvious because they are not preparing new regulations dealing with air quality. He stated that
staff has been applying new design guidelines for drive-through facilities; however, they need to
be included in the design guidelines in case of a hearing.
Councillor Vrbanovic noted that the original design guidelines came to this Committee and
Council for approval; so amendments to these guidelines should also come for approval.
In response to questions from Councillor Gazzola, Mr. Pinard advised that staff have not
developed technical guidelines yet; and although these guidelines are desirable, there are no
technical standards to follow. There really is not enough information on air quality to support
new technical regulations or policies. Now staff is simply asking the industry to make their
customers aware of the eat-in option.
Councillor Gazzola questioned whether the City can support the study that was submitted, and
Mr. Pinard advised that the study can be supported, keeping in mind that it is a limited field of
knowledge.
Councillor Lorentz stated that one of the guiding principles respecting pedestrian safety is
common sense; as businesses do not want to put pedestrians in harms way. Also, the potential
for pedestrian safety can apply to any business. He questioned when the new guidelines will
come forward for approval and Mr. Pinard responded that they will be presented some time this
year.
Ms. M. Saunders, Ontario Restaurant Hotel and Motel Association was in attendance and
provided the Committee members with copies of a letter, dated December 11, 2008, previously
submitted to the City's Environmental Committee, from which she read. She spoke in opposition
to the 3rd and 4th recommendations in the staff report. With respect to recommendation no. 3,
Ms. Saunders stated that drive-through facilities are commonly used throughout several
industries and the staff report fails to acknowledge that fact. Further, quick service restaurants
are specifically designed to have large windows at the front, and at the sides if possible, so the
fact that there are eat-in facilities is perfectly obvious. Respecting staff recommendation no. 4,
Ms. Saunders advised that the issue of pedestrian safety was addressed and resolved at a
special meeting of City Council on January 28, 2008, when Council adopted a motion respecting
new requirement for drive-through facilities pertaining to pedestrian safety. She requested that
recommendation no. 4 be withdrawn.
Mr. V. Labreche, Labreche Patterson & Associates, was in attendance on behalf of Tim Hortons
and the industry as a whole. Respecting staff recommendation no. 4, Mr. Labreche advised that
he was in attendance at the special Council meeting of January 28, 2008 when Council dealt
with the matter of pedestrian safety at drive-through facilities, and he read the following from the
minutes of that meeting:
"That the City of Kitchener require new drive-through facilities to be designed so as to allow
pedestrian movement from the street to the building and from the parking lot to the building
without crossing the drive-through aisle; alternative designs to be subject to the approval of the
Director of Planning."
Mr. Labreche suggested that recommendation no. 4 is not needed as it was already dealt with
on January 28, 2008.
Mr. Labreche then stated that his second concern with recommendation no. 4 is that it has been
broadened and a larger urban design exercise could go beyond pedestrian safety. This
recommendation allows opening up all the urban design guidelines as they pertain to drive-
through facilities.
Mayor Zehr questioned staff as to what additional work is required; as he is of the understanding
that the procedure would simply be to codify Council's earlier direction. Mr. Pinard responded
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 5, 2009 - 4 - CITY OF KITCHENER
4. DTS-09-004 - AIR QUALITY AND EMISSIONS -DRIVE THROUGH FACILITIES, CONT'D
that staff would develop lay-outs in the urban design guidelines. The principle is the key thing
and they would put in the recommendation to provide clarity.
Mr. Labreche suggested that the principle can be stated in a sentence and diagrams are not
necessary. He advised that the way the recommendation is worded could go beyond the
principle.
Councillor Gazzola questioned what would happen if recommendation no. 4 is not included. Mr.
Pinard advised that staff have no intension of broadening the design guidelines and
recommendation no. 4 may not be required given Council's direction of last January.
Councillor Vrbanovic stated that the 2008 minutes give sufficient direction and he suggested that
staff should just codify Council's motion form last January.
On motion by Councillor B. Vrbanovic -
it was resolved:
"That the `Air Quality Assessment of Tim Hortons Restaurants' study prepared by RWDI
Consulting Engineers and Scientists, dated May 2008, be received as information; and,
That staff continue to monitor the emerging body of scientific information related to air
quality and emissions relative to drive-through facilities; and further,
That the quick service industry be encouraged to improve notification and awareness of
the "eat-in" option at restaurants where this service is available. "
5. CAO-0$-042 - KING STREET RECONSTRUCTION PROJECT COMMUNICATION PLAN
The Committee considered Chief Administrative Officer report CAO-08-042, dated December
22, 2008, providing information regarding the communications plan for the King Street
Reconstruction Project, as requested by Council on December 8, 2008. Mr. May reviewed the
communications plan.
On motion by Councillor B. Vrbanovic -
it was resolved:
That the communications plan for the King Street Reconstruction Project, as presented in
Chief Administrative Officer report CAO-08-042, be accepted."
6. DTS-09-003 - EXTENSION OF PURCHASE ORDER FOR CONSULTING SERVICES
- UPPER BLAIR CREEK FUNCTIONAL DRAINAGE STUDY
The Committee considered Development and Technical Services Department report DTS-09-
003, dated December 15, 2008, recommending the extension of the purchase order for
consulting services for work completed on the Upper Blair Creek Functional Drainage Study,
required for the Ontario Municipal Board Appeal of the Doon South Community Plan (Phase 2).
Mr. Korah explained the request.
On motion by Councillor K. Galloway -
it was resolved:
"That the extension of the purchase order for consulting services to Stantec Consulting for
the amount of $95,000 plus GST for work completed on the Upper Blair Creek Functional
Drainage Study, as part of the current Ontario Municipal Board Appeal in the Doon South
Community Plan (Phase 2), be approved, and allocated from the Development Charges
Fund -Engineering Studies."
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 5, 2009 - 5 - CITY OF KITCHENER
7. DTS-09-005 - DEMOLITION CONTROL APPLICATION DC 0$I20IOILT
- 1941 OTTAWA STREET SOUTH - DEERFIELD HOMES LTD.
The Committee considered Development and Technical Services Department report DTS-09-
006, dated December 16, 2008, recommending approval of Demolition Control Application
DC08/20/O/LT, for 1941 Ottawa Street South, without conditions. Ms. Ross presented this
report.
In response to a question from Councillor Galloway, Ms. Ross advised that there is still a split
zoning on this property, and the zone change application will be coming to this Committee
shortly.
Mayor Zehr questioned how the new access to this property will relate to the woodlot. Ms. Ross
advised that the development for this property will not intrude into the woodlot. She advised that
the applicants have concerns about vandalism of this house, and would like approval to
demolish it. She stated that the zone change is not required for the house but for the other part
of the property.
Councillor Galloway put forward a motion to defer consideration of this demolition control
application until such time as this Committee can consider it in conjunction with the zone change
application. She stated that the zone change is required for the development to proceed, and
questioned what will happen to the property if the zone change is not approved. She also
advised that there are some neighbours who are opposed to the zone change.
On motion by Councillor K. Galloway -
it was resolved:
"That consideration of Demolition Control Application DC08/20/O/LT requesting
permission to demolish one (1) single detached dwelling located at 1941 Ottawa Street
South, owned by Deerfield Homes Ltd., legally described as Part Lot 46, GCT, be
deferred until it can be considered by the Development and Technical Services
Committee in conjunction with the zone change application for this property."
Ms. Ross advised that the zone change application will come before this Committee some time
in February or March.
Councillor Lorentz expressed his concerns about the house sitting empty, and questioned
whether the house is being secured.
DTS-0$-030 - ZONE CHANGE APPLICATION ZC 07I24ISIJB
- 72 ST. LEGER STREET -BLACK TUSK CAPITAL CORPORATION
The Committee considered Development and Technical Services Department report DTS-08-
030, dated December 19, 2008, recommending approval of the revised zone change application
for 72 St. Leger Street. Mr. Pinnell presented the report.
Mr. Pinnell advised that a site plan application has been submitted for this property. Staff have
concerns about the amount of parking that is required for retail uses; consequently, is only
supportive of using 15% of the building for retail use rather than the 25% requested by the
applicant. However, staff could support 25% of the building being used for retail on a 3 year
temporary basis. This temporary period would provide an opportunity for the City to monitor the
parking to see if it is sufficient for 25% retail.
In response to questions about the parking requirement, Mr. Pinnell advised that 1 space is
required for every 20 sq. ft. of gross floor area, and this standard applies to most retail uses.
Councillor Vrbanovic questioned what costs the applicant will have to incur in three years if the
temporary use is approved at this time. Mr. Pinard responded that there is a possibility to waive
the fee in there year's time.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 5, 2009 - 6 - CITY OF KITCHENER
$. DTS-0$-030 - ZONE CHANGE APPLICATION ZC 07I24ISIJB
- 72 ST. LEGER STREET -BLACK TUSK CAPITAL CORPORATION, CONT'D
Mr. B. Hermsen, MHBC Planning, was in attendance on behalf of the applicant in support of the
zone change application. He thanked staff for all their work on this application. Mr. Hermsen
stated that this proposal is an adaptive re-use of a 3 storey older industrial building. The building
has been put to good re-use as there are 35 different businesses in the building employing 60
people. He advised that the front of the building is listed on the Heritage Inventory. The building
was purchased by the current owner in 2003 and the owner has done numerous repairs on the
building.
Mr. Hermsen advised that there are 83 parking spaces on this property. The applicant is
requesting permission to use 25% of the building for retail. Today the by-law would allow 25% of
the building to be used for retail provided it is accessory to a permitted use. The owners have
been monitoring parking use since May, and on average there are 24 vehicles parked on this
property at any one time, which is 21 % of the total parking available. It was his opinion that 83
parking spaces are adequate for 25% retail. The existing retail uses include a consignment
shop, a dressmaker and a small furniture establishment. These uses will not generate mall type
volumes of traffic.
Councillor Smola put forward a motion to approve the original application for 25% retail. He was
of the opinion that when these businesses expand they will move to other premises, and 83
parking spaces are adequate. Further he has never received any complaints from neighbours
about this property.
Mr. Pinnell advised that staff are concerned about parking on this property; as 25% retail use will
normally require 123 parking spaces on this site. Further, the parking study does not give a
clear indication as to how many of the existing spaces are used for retail.
Councillor Gazzola stated that he thinks staff has a legitimate concern, and suggested approving
a three year temporary use provided that the applicant does not have to pay another zone
change fee when the by-law runs out. This way staff could better see the parking impact.
Councillor Lorentz stated that this is adaptive re-use which is great for the City. There will be a
huge volume of walk-in traffic. Further, these are small start-up companies. He stated that this
is the same principle we have used in our industrial parks only on a smaller scale.
On motion by Councillor J. Smola -
it was resolved:
"That Zone Change Application ZC07/24/S/JB, requesting a change from General
Industrial Zone (M-2) to General Industrial Zone (M-2) with Special Use Provision 381 U
and Special Regulation Provision 486R on lands legally described as Part Park Lot 287,
Plan 378, in the City of Kitchener (72 St. Leger Street), owned by Black Tusk Capital
Corp. be approved."
DTS-0$-156 - ZONE CHANGE APPLICATION ZC 07I01IEISR
- 362 EDWIN STREET -WALTER & ANN VAN OS
The Committee considered Development and Technical Services Department report DTS-08-
156, dated December 10, 2008, recommending approval of a zone change application to
legalize an existing four-unit multiple dwelling at 362 Edwin Street. Mr. L. Protopapus, solicitor
for the applicant, was in attendance in support of the staff recommendation.
On motion by Councillor J. Smola -
it was resolved:
"That Zone Change Application ZC 07/01/E/SR for the purpose of changing the zoning
from Residential Five (R-5) to Residential Six (R-6) with special use provision, 3600, on
lands legally described as Lot 52, Plan 660 in the City of Kitchener (362 Edwin Street), be
approved in the form shown in the "Proposed By-law", attached to Development and
Technical Services Department report DTS 08-156, without conditions."
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 5, 2009 - 7 - CITY OF KITCHENER
10. DTS-0$-174 - MUNICIPAL PLAN AMENDMENT MP 07I13IIIJVW
- ZONE CHANGE APPLICATION ZC 07I22IIIJVW
- HIGHLAND ROAD & IRA NEEDLES BOULEVARD
- IRA NEEDLES DEVELOPMENTS
The Committee considered Development and Technical Services Department report DTS-08-
174, dated December 1, 2008, recommending approval of an Official Plan amendment and zone
change application for property at Highland Road and Ira Needles Boulevard.
Ms. von Westerholt presented this report. She advised that she had been contacted by the
applicant earlier today with a request to change the size of the food store to 4645 sq. m. and the
size for the overall retail use to 10,662 sq. m.; which is slightly larger than the original
measurements. She advised that staff is changing the measurements in their recommendation
to these new requested amendments. Ms. von Westerholt advised that the applicant has
recently submitted a site plan application to the City for this development, and no additional
studies or work is required for these changes. Respecting these changes, Ms. von Westerholt
advised that staff will provide an addendum report, revised by-law and Official Plan Amendment
for next Monday's Council meeting.
Mayor Zehr referred to previous grocery wars and Ms. von Westerholt advised that this will be a
small grocery store serving the immediate neighbourhood, having a floor area of 50,000 sq. ft.
There will be no retail impact study required. She also advised that the other Ira Needles
grocery store will have a floor area of one million sq. ft. and a retail impact study will be required.
Ms. M. Campbell, Zelinka Priamo Ltd. was in attendance on behalf of their client Lowblaw, who
currently owns Highland Hills Mall at 875 Highland Road West and it includes a Lowblaw
operated Real Canadian Superstore. This property is in close proximity to the grocery store and
retail area proposed in this application. Ms. Campbell stated that the application is inconsistent
with the City's Official Plan policies for the Arterial Commercial Corridor designation and
implementing zoning. Further, there is no definition provided for "independent food store". She
also stated that although some consideration had been given by staff to a change in official plan
designation to Mixed Use Node, staff concluded that Mixed Use Node would not be appropriate
on this site as it will likely remain primarily an auto destination. She stated that Lowblaw has
concerns with this proposal as a sufficient justification has not been provided by the applicant.
Mr. G. Scheels, GSP Group, was in attendance on behalf of the developer. He displayed a
concept plan of the site, noting its size of 11 acres. He advised that the Official Plan designation
is Arterial Commercial and the zoning is C-6, which is intended for retail. The developer wishes
to supplement the retail that is already permitted. Further, the C-6 zoning does allow some retail
uses that can be considered in neighbourhood shopping centres.
Mr. Scheels noted that in the staff report it states that there is no real neighbourhood shopping in
this area. The developer has been approached by retailers and service providers interested in
locating on this site. The developer submitted a site plan application to the City just before
Christmas, and intends to commence construction in the spring.
Mayor Zehr questioned how this can be a neighbourhood destination if the only access is by car.
Mr. Scheels responded that as the neighbourhood develops there will be pedestrian access and
there will be Grand River Transit access with a bus shelter. In response to a question from
Councillor Lorentz, Mr. Scheels advised that the City will gain assessment from this development
and this development could possibly provide 200 jobs.
On motion by Councillor G. Lorentz -
it was resolved:
"That Official Plan Amendment Application MP07/13/I/JVW requesting a change in
designation to the existing Arterial Commercial Corridor Designation by developing a
special policy for the subject lands to allow additional retail uses including an independent
food store with a maximum size of 4645 square metres, and to limit the total retail uses
on the property to a maximum of 10,662 square metres, be adopted; and further,
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 5, 2009 - $ - CITY OF KITCHENER
DTS-0$-174 - MUNICIPAL PLAN AMENDMENT MP 07I13IIIJVW
- ZONE CHANGE APPLICATION ZC 07I22IIIJVW
- HIGHLAND ROAD & IRA NEEDLES BOULEVARD
- IRA NEEDLES DEVELOPMENTS. CONT'D
That Zone Change Application ZC07/22/I/JVW requesting a change in the zoning from
Arterial Commercial Zone (C-6) to Arterial Commercial with Special Use Provision 382 U
and Special Regulation 484R on lands legally described as, Part Lot 4, Reference Plan
58R-14862, located north of Highland Road and west of Ira Needles Boulevard in the City
of Kitchener be approved, and the "Proposed By-law", dated January 5, 2009, attached to
Development and Technical Services Department report DTS-08-174 be amended to
allow a food store with a maximum floor area of 4645 square metres. and that total retail
uses for the entire site shall not exceed 10,662 square metres."
DTS-0$-203 - OFFICIAL PLAN AMENDMENT OP 0$l03IHIKA
- ZONE CHANGE APPLICATION ZC 0$l05IHIKA
- 65 HANSON AVENUE & 300 ARDELT AVENUE
- FAMILY & CHILDREN'S SERVICES OF WATERLOO REGION
The Committee considered Development and Technical Services Department report DTS-08-
203, dated December 5, 2008, recommending refusal of an Official Plan amendment and zone
change for property at 65 Hansen Avenue and 300 Ardelt Avenue, owned by Family & Children's
Services of Waterloo Region. Ms. Anderl presented the report. The Committee was also in
receipt of a written submission, attached to the agenda, from Family and Children's Services of
Waterloo Region.
Ms. Anderl advised that staff's position is that industrially zoned lands need to be protected for
industrial uses, and the proposed use is better suited to a Mixed Use Corridor area. The
Hansen Avenue and Ardelt Avenue area is very accessible to the expressway. There is no great
transit service to this site, and it is staff's position that this use would be better off in a central
area with pedestrian and transit access. Further, staff is working with Family and Children's
Services to find another location that is more suitable to their use.
Mayor Zehr questioned whether their existing property required a zone change at the time they
occupied it. Ms. Anderl responded that they did receive approval of a zone change for their
property at 200 Ardelt Avenue when they first occupied the building; however, that was under a
previous Official Plan and they did not need an Official Plan amendment at that time.
In response to questions from Councillor Lorentz, Ms. Anderl advised that there are mainly
general industrial uses in this area but the zoning would permit heavy industrial uses and there is
a need to preserve heavy industrial land. Mr. Willmer stated that it is important to maintain
industrial land for industrial purposes in the long run, and this area has railway access and
highway access.
Councillor Lorentz questioned whether there has been any success in finding another site in the
City that suits their needs. Ms. Anderl advised that staff have been trying to find them another
property in the City of Kitchener in a rapid transit area but none have been selected at this time.
Mr. Phillips, Family and Children's Services, was in attendance and spoke in opposition to the
staff recommendation. He spoke of the advantages of them being located at 200 Ardelt Avenue:
it is a large parcel of affordable land, it is central to the Region and it has highway access.
In response to questions from the Committee, Mr. Phillips advised that they have close to 300
people currently working on this site. The intensity of staffing will not be as great at 65 Hansen
Avenue which will have 65-70 staff. He advised that the advantage of this property is that the
space is already suited to a large use.
Councillor Lorentz questioned whether Family and Children's Services would relocate outside
the City of Kitchener if this zone change is not approved. Mr. Phillips responded that the City of
Kitchener is their largest municipality and it makes a lot of sense for them to stay in this area.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 5, 2009 - 9 - CITY OF KITCHENER
11. DTS-0$-203 - OFFICIAL PLAN AMENDMENT OP 0$l03IHIKA
- ZONE CHANGE APPLICATION ZC 0$l05IHIKA
- 65 HANSON AVENUE & 300 ARDELT AVENUE
- FAMILY & CHILDREN'S SERVICES OF WATERLOO REGION. CONT'D
In response to questions from Councillor Gazzola, Mr. Phillips advised that Family and Children's
Services is the children's aid society and it is mandated under a provincial act. They are a
separate charity and most of their funding comes from the province, although they do raise
money from the community. He advised that currently they have 22 sites in the Region, of which
16 are care homes and the others are offices. He stated that use of 65 Hansen Avenue would
allow them to consolidate some of their smaller sites.
Mr. Phillips advised, with respect to their day to day activities, that they receive 8,000 calls per
year that staff investigates. There are 1200 families in Waterloo Region that use their services
and at any point in time they have 500 children in their care. They provide programming and
counselling at this site and children are brought to the site by drivers. He state that this location
is critical because it is central to the Region.
Mr. Phillips advised that they have been working towards including 65 Hansen Avenue and 300
Ardelt Avenue into their operations since 2001 and if these planning applications are not
approved, they will have to look at more smaller sites. He stated that no one resides at 200
Ardelt Avenue and the building is strictly used for offices and programming.
When questioned by Councillor Vrbanovic concerning other suitable sites, Mr. Phillips advised
that through their searches with City and Regional staff they have found 2 other potential sites
but from a financial point of view they are not feasible.
Mayor Zehr questioned how many years the Hansen/Ardelt site will take the agency into the
future. Mr. Phillips advised that their existing 40,000 sq. ft. has lasted them 14 years, and 65
Hansen has the potential to last 20 years; however, with the general population growth they can
not be certain. Mr. Phillips advised that in 2007 Family and Children's Services were already at
capacity and they need to move forward as quickly as possible. Further, the other options
considered to date are out of range financially. He urged the committee to consider this matter
in the light of their need to move forward quickly.
Councillor Gazzola noted that removing this one block from the heavy industrial designation still
leaves a considerable amount of industrial land in this area. Mr. Willmer responded that this
establishes a precedent. He questioned where they will expand next after 20 years. He stated
that if they consolidate here they will want to expand here.
Councillor Gazzola put forward a motion to approve this official plan amendment and zone
change.
Mayor Zehr stated that for quite a number of years he has been vocal on protecting industrial
land. He stated that if this was a commercial land owner he would not be supportive. The
agency services a broad number of people in this municipality and the Region, and in terms of
space, 25% could be used for offices. Mayor Zehr advised that he is reluctant to say yes, but
because of this agency and the services it provides he reluctantly supports Councillor Gazzola's
motion. The Mayor stated that this is an exceptional circumstance that requires a different view
and it will not set a precedent.
Councillor Vrbanovic stated that fundamentally this decision was made in 1988 and it set the
tone for what is to happen in the future. He thanked staff for upholding the policy of industrial
zoning for industrial land and stated that this is a political decision.
Ms. Anderl advised that the Region will probably require a Record of Site Condition, and will
probably hold up the zoning by-law and official plan amendment until it is submitted.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 5, 2009 -10 - CITY OF KITCHENER
11. DTS-A$-203 - OFFICIAL PLAN AMENDMENT OP 0$l03IHIKA
- ZONE CHANGE APPLICATION ZC 0$l05IHIKA
- 65 HANSON AVENUE & 300 ARDELT AVENUE
- FAMILY & CHILDREN'S SERVICES OF WATERLOO REGION. CONT'D
On motion by Councillor J. Gazzola -
it was resolved:
"That Official Plan Amendment Application OP08/03/H/KA requesting a change in
designation from General Industrial to General Industrial with Special Policy 47 to permit
social service establishment, on lands municipally known as 65 Hanson Avenue and 300
Ardelt Avenue, and legally described as Pt Lot 1 Plan 757 & Part Lot 17 Plan 791, in the
City of Kitchener, be approved; and further,
That Zone Change Application ZC08/05/H/KA requesting a change from General
Industrial Zone (M-2) and General Industrial Zone (M-2) with Special Regulation Provision
1 R to General Industrial Zone (M-2) with Special Use Provision 64U and General
Industrial Zone (M-2) with Special Regulation Provision 1 R and Special Use Provision
64U, on the lands owned by Family and Children's Services of the Waterloo Region,
legally described as PT LOT 1 PLAN 757 & PART LOT 17 PLAN 791, in the City of
Kitchener (municipally known as 65 Hanson Avenue and 300 Ardelt Avenue) in the form
shown in the "Proposed By-law" dated December 1, 2008 attached to Development and
Technical Services Department report DTS-08-203, be approved.
Carried Unanimously on a Recorded Vote.
DTS-A$-035 - DRAFT PLAN OF SUBDIVISION 30T-02201
- SYLVIA STREET -JAMES DICKSON
The Committee considered Development and Technical Services Department report DTS-08-
035, dated November 26, 2008, recommending draft approval of Plan of Subdivision 30T-02201,
Sylvia Street. Mr. Bateman presented the report and Mr. J. Dickson, the applicant, was in
attendance in support of the staff recommendation.
On motion by Councillor J. Smola-
it was resolved:
"That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990,
Chapter P 13 as amended, and delegation By-law 2002-64, grant draft approval for Plan
of Subdivision Application 30T-02201, in the City of Kitchener (Sylvia Street), subject to
the conditions outlined in Development and Technical Services Department report DTS-
08-035, dated November 26, 2008."
CAO-A$-041 - DOWNTOWN COMMUNITY IMPROVEMENT PLAN
- MODIFICATIONS TO THE FAC~ADEIINTERIOR LOAN PROGRAM
- KING STREET FACADE GUIDELINES
The Committee considered Chief Administrative Officer report CAO-08-041, dated December
19, 2008, recommending changes to the Downtown Community Improvement Plan and King
Street Fagade Guidelines. Mr. Regier introduced the report which was further explained by Mr.
Bluhm.
Councillor Vrbanovic commended staff on a job well done. He advised that if, next year, staff
gets more applications than the money allows, they should bring them forward anyway.
Councillor Gazzola had staff clarify the existing program and questioned why the existing
program of loan and grant was not expanded. Mr. Bluhm responded that this grant program is
easier to administer. He also advised that the grant is not issued until the work is complete and
stated that the building improvements will last a long time.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
JANUARY 5, 2009 -11 - CITY OF KITCHENER
13. CAO-0$-041 - DOWNTOWN COMMUNITY IMPROVEMENT PLAN
- MODIFICATIONS TO THE FAC~ADEIINTERIOR LOAN PROGRAM
- KING STREET FACADE GUIDELINES, CONT'D
On motion by Councillor J. Smola-
it was resolved:
"That modifications to the Downtown Community Improvement Plan, proposing to convert
the current loan/grant program to a grant program, be approved in the form shown in the
by-law and modifications to Council Policy I-535, as attached to Chief Administrative
Officer report CAO-08-041;and,
That the application form, approval letter, checklist and rating system be received for
information purposes, in the form of Appendix A attached to Chief Administrative Officer
report CAO-08-041; and further,
That the King Street Fagade Guidelines be approved in the form shown in Appendix C
attached to Chief Administrative Officer report CAO-08-041. "
14. ADJOURNMENT
On motion, the meeting adjourned at 9:15 p.m.
D. Gilchrist
Committee Administrator