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HomeMy WebLinkAboutDev & Tech Svcs - 2009-03-30DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 30.2009 CITY OF KITCHENER The Development and Technical Services Committee met this date, commencing at 4:15 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 T. Speck, General Manager, Corporate Services D. Chapman, General Manager, Financial Services R. Regier, Executive Director, Economic Development T. Beckett, Fire Chief M. Selling, Director of Building G. Murphy, Director of Engineering J. McBride, Director of Transportation Planning A. Pinard, Interim Director of Planning L. MacDonald, City Solicitor F. McCrea, Assistant City Solicitor D. Ross, Manager, Development Review T. Malone-Wright, Senior Planner J. von Westerholt, Senior Planner K. Anderl, Senior Planner B. Sloan, Senior Planner L. Thompson, Planning Technician J. Billett, Committee Administrator D. Gilchrist, Committee Administrator 1. DTS-09-045 - WINTER PARKING -CHAPEL STREET The Committee considered Development and Technical Services Department report DTS-09- 045, dated March 13, 2009, recommending a parking prohibition on Chapel Street, from January 1 to March 31 each year. Mr. J. McBride advised that the City was approached by a resident of Chapel Street to review existing on-street parking between Lancaster Street East and Samuel Street, arising from concerns related to snow accumulation during winter months. Mr. McBride pointed out that because of large snow accumulations residents are finding it difficult to traverse down the side street and to access their driveways due to vehicles parked on-street. He advised that these issues relate to problems occurring during winter months as road widths are narrowed by snow accumulation. A survey was delivered to affected residents on Chapel Street, with a 49% response returned indicating a slight majority in favour of the proposed parking prohibition. Mr. Jerry Rutherford attended on behalf of the Bethany Evangelical Missionary Church, to oppose the parking prohibition, conveying the following reasons: the area is a drop-off /pick-up location for Suddaby Public School, as is the Church parking lot; the Church parking lot is at full capacity during daytime hours and cannot accommodate any more vehicles; the Church holds programming at the school that requires parking for drop-off /pick-up at varying times; large funerals require all of the Church parking lot displacing School parking; and the Church requires on-street parking on Chapel Street for overflow related to their Sunday services and programming. Mr. Rutherford suggested that the best solution would be for the City to remove excess snow accumulation as it builds up. Councillor J. Smola commented that Chapel Street is not the only narrow street experiencing this problem, citing a number of side streets in and around the Kitchener Memorial Auditorium. He stated that the City is not in a position to do all affected side streets and asked the delegation how it would be possible for emergency vehicles to access the street during the winter months if the parking prohibition is not put in place. Mr. Rutherford acknowledged Councillor Smola's concerns regarding emergency vehicle access but noted that the School was not notified of the proposed parking prohibition and has concerns in respect to the drop-off /pick-up of students and their safety, as does the Church. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 34 - CITY OF KITCHENER 1. DTS-09-045 - WINTER PARKING -CHAPEL STREET tCONT'D) Councillor C. Weylie questioned the feasibility of accommodating snow removal as suggested by the delegation. Mr. J. Willmer stated that this is an issue similar to numerous areas across the City and becomes a matter of priority and costs; adding that he was not sure this is a level of service the City would want to pursue through-out the community or for selective streets. Councillor B. Vrbanovic advised that he had been contacted by Mr. Brian Burnley, Principal of Suddaby School, who had raised concerns with regard to the parking prohibition. Councillor Vrbanovic commented that while the prohibition may ultimately be the only option, he would prefer to pursue a process of dialogue with the Church, School and affected residents to ensure a balanced approach and determine a means to address their issues. He asked that this matter be deferred to a future meeting to allow further dialogue among the interested parties and for investigation of operational methods to address snow removal. Councillor Smola stated that while he had no concerns with deferring the matter given winter is subsiding; he remained concerned with the issue of emergency vehicle access during winter months and asked that this be kept in mind during subsequent consideration of this matter. Councillor J. Gazzola questioned if the parking prohibition could be modified to certain times of the day, rather than a complete prohibition and Mr. McBride responded that it would become an enforcement issue. Councillor Gazzola inquired as to staff's experience as it relates to emergency vehicle access. Fire Chief T. Beckett advised that during large snow accumulations there have been some problems incurred on side streets with emergency vehicles having to find alternate routes around vehicles parked on-street. He added, however, that he could not say if there had been any specific incident on Chapel Street. On motion by Councillor B. Vrbanovic - it was resolved: "That the staff recommendation contained in Development and Technical Services Department report DTS-09-045 (Winter Parking Prohibition -Chapel Street), dated March 13, 2009, be deferred for consideration to a future Development and Technical Services Committee meeting, pending further dialogue between all interested parties and investigation of operational methods to address snow removal on Chapel Street as it relates to on-street parking and emergency vehicle access." 2. DTS-09-046 - ON-STREET PARKING -GENERAL DRIVE The Committee considered Development and Technical Services Department report DTS-09- 046, dated March 13, 2009, recommending a parking prohibition on the west side of General Drive. On motion by Councillor J. Gazzola - it was resolved: "That on-street parking be prohibited at anytime on the west side of General Drive from Lancaster Street West to a point 62 metres south and the Uniform Traffic By-law be amended accordingly." 3. DTS-09-047 - ON-STREET PARKING - FORWELL DRIVE The Committee considered Development and Technical Services Department report DTS-09- 047, dated March 12, 2009, recommending a parking prohibition on a portion of the north side of Forwell Road and limited parking on a portion of the south side of Forwell Road. On motion by Councillor J. Gazzola - it was resolved: "That on-street parking be prohibited at anytime on the north side of Forwell Road from a point 408 metres east of Centennial Road to its easterly limit; and, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 35 - CITY OF KITCHENER 3. DTS-09-047 - ON-STREET PARKING - FORWELL DRIVEtCONT'D) That on-street parking be permitted for up to three (3) consecutive hours on the south side of Forwell Road, from a point 340 metres east of Centennial Road to a point 70 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly." 4. DTS-09-055 - KING STREET & SPEAKERS CORNER RECONSTRUCTION - FREDERICKIBENTON STREET TO FRANCIS STREET - NOISE EXEMPTION The Committee considered Development and Technical Services Department report DTS-09- 055, dated March 24, 2009, recommending an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code, with respect to the King Street and Speakers Corner Reconstruction project. On motion by Councillor J. Gazzola - 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 King Street and Speakers Corner Reconstruction project, between the hours of 7:00 p.m. and 7:00 a.m. for the period April 6, 2009 to September 30, 2009." DTS-09-029 - DEMOLITION CONTROL APPLICATION DC 0$I24IFIJVW - 1571 FISCHER HALLMAN ROAD - TRU-VILLA INC. The Committee considered Development and Technical Services Department report DTS-09- 029, dated March 13, 2009, recommending approval of Demolition Control Application DC 08/24/F/JVW, without conditions. Mr. David Aston, MHBC Planning Limited, attended in support of the staff recommendation and to answer questions. On motion by Councillor K. Galloway - it was resolved: "That Demolition Control Application DC08/21/O/GS requesting permission to demolish one (1) single detached log farmhouse located at 1571 Fischer Hallman Road, owned by Tru-Villa Inc., legally described as TCT German Company Pt. Lot 154 Pt. Lot 155, be approved without conditions." DTS-09-051 - UPDATE & FINAL ENDORSEMENT OF THE DOON SOUTH COMMUNITY PLAN - PLANS OFSUBDIVISION - 30T-06203, 30T-07202 & 30T-07203.30T-07204.30T-0$203 The Committee considered Development and Technical Services Department report DTS-09- 051, dated March 23, 2009, recommending endorsement in principle of the proposed Official Plan Amendment for Doon South (Phase 2) Community, proposed conditions of draft approval for Subdivisions 30T-06203, 30T-07202, 30T-07203, 30T-07204 and 30T-08203 and the related proposed zoning by-laws, all as appended to Development and Technical Services Department report DTS-09-051, as they reflect matters in agreement through the Ontario Municipal Board (OMB) mediation process. The report also recommends that the Director of Engineering Services and the Director of Planning be authorized to approve minor revisions to the text required as a result of the resolution of the OMB appeals, and staff be directed to appear on behalf of the City of Kitchener at the hearing of the appeals of the above noted planning applications before the OMB to represent City interests. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 36 - CITY OF KITCHENER 6. DTS-09-051 - UPDATE & FINAL ENDORSEMENT OF THE DOON SOUTH COMMUNITY PLAN - PLANS OFSUBDIVISION - 30T-06203, 30T-07202 & 30T-07203.30T-07204.30T-0$203 tCONT'D) Ms. D. Ross advised that appendices to the report are draft documents for endorsement representing resolutions to outstanding issues including transportation, environment and servicing. The Upper Blair Creek Functional Drainage Study (FDS) was approved by the City on February 23, 2009 and has also been approved by the Region of Waterloo and the Grand River Conservation Authority (GRCA). Development of the Official Plan policies included establishment of a collector road network and the preferred alternative selected provides for crossing of the Blair Creek at a point of least environmental impact. An Environmental Assessment (EA) has been completed to identify and protect natural heritage features (ie. woodlots, wetlands, ESPA's, etc.) along the Upper Blair Creek sub-watershed and will be implemented as development occurs. Ms. Ross advised that all issues have now been addressed through months of review by City staff, external agencies and appellants, and all are in agreement with the final plans. She commented that the work undertaken has been unprecedented and has resulted in a well planned development that will have long term benefits for the community. Councillor C. Weylie acknowledged receipt of an email transmission from Ms. J. Haalboom, dated March 30, 2009 in which Ms. Haalboom conveyed concerns regarding preservation of the scenic features of Reidel Road, suggesting that they be evaluated and incorporated into the street upgrade. Ms. Haalboom also suggested that Reidel Drive should be established as a trail route to link with Dodge Drive and/or Groh Drive. Messrs. Paul Britton, MHBC Planning Limited and Glen Scheels, GSP Group, attended in support of the staff recommendation and acknowledged the professionalism of City staff in working through this process. Ms. Yvonne Fernandes attended as a participant to the OMB Hearing, advising that she is not in support of the staff recommendation. In particular, her concerns relate to the Official Plan Amendment provision for crossing of Blair Creek. She referred to the crossing of Strasburg Creek in past years, suggesting that mitigation measures put in place had not ensured the protection of fish habitats and she remained concerned with fish /salamander habitats at Blair Creek. She also raised concerns with salt water run-off into the creek and its impact to the quality of drinking water for area residents. Ms. Fernandes noted that she represents a group of area residents and in particular, had concerns for one homeowner at the end of Stauffer Road and the impact proposed extension of Strasburg Road would have to that individual's property and business. Ms. D. Ross responded to the concerns raised, reiterating that the crossing of the Blair Creek will be at a point of least environmental impact to prevent negative impact to natural features, and as well, be addressed through mitigation measures. She added that the alignment of the Strasburg Road extension requires further study and it would be premature at this time to make assumptions as to where the line would be drawn. Councillor K. Galloway requested explanation of the trail system, relative to the concerns raised by Ms. Haalboom. Ms. J. von Westerholt provided a visual overview of the area, advising that there is a number of opportunities for trails through-out the open space areas and inter- connecting into the subdivision. She noted that there is disconnect in trails at this time because development has not yet been completed and once completed, a continuous connection will be provided. Councillor Galloway requested clarification of concerns previously raised by staff concerning traffic flow as it relates to Thomas Slee Drive. Mr. McBride advised that initially Thomas Slee Drive was to connect to Robert Ferrie Drive; however, the intent now is to force the majority of traffic from the west to use New Dundee Road out to Hwy 401. He added that the proposed collector road network will address connectivity and will require renaming of a portion of Thomas Slee Drive. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 37 - CITY OF KITCHENER 6. DTS-09-051 - UPDATE & FINAL ENDORSEMENT OF THE DOON SOUTH COMMUNITY PLAN - PLANS OFSUBDIVISION - 30T-06203, 30T-07202 & 30T-07203.30T-07204.30T-0$203 tCONT'D) Mayor C. Zehr advised that he was in support of the staff recommendation; however, expressed his disappointment that planning of this developme nt had to take place through the OMB process. On motion by Councillor K. Galloway - it was resolved: "That the proposed Official Plan Amendment for Doon South (Phase 2) Community, proposed conditions of draft approval for Subdivisions 30T-06203, 30T-07202, 30T- 07203, 30T-07204 and 30T-08203 and the related proposed zoning by-laws, all as appended to Development and Technical Services Department report DTS-09-051, be approved in principle, as they reflect matters in agreement through the Ontario Municipal Board mediation process; and further, That the Director of Engineering Services and the Director of Planning be authorized to approve minor revisions to the text required as a result of the resolution of the Ontario Municipal Board appeals, and staff be directed to appear on behalf of the City of Kitchener at the hearing of the appeals of the above noted planning applications before the Ontario Municipal Board to represent City interests." This meeting recessed at 5:00 p.m. and reconvened at 5:55 p.m. with the following members present: Mayor C. Zehr and Councillors C. Weylie, J. Gazzola, G. Lorentz, J. Smola, K. Galloway and B. Vrbanovic. 7. DTS-09-04$ - KGMP IMPLEMENTATION STRATEGY The Committee considered Development and Technical Services Department report DTS-09- 048, dated March 23, 2009, recommending that the 2009-2010 and Post 2010 Kitchener Growth Management Plan, attached to this report, be approved. Councillor Lorentz provided the Committee members, this date, with copies of an e-mail, dated March 30, 2009, received from B & B Kieswetter Excavating Inc. and Select Sand and Gravel Inc. concerning their gravel properties on Bleams Road. Staff provided members of the Committee, this date, with correspondence from Zelinka Priamo Ltd, dated March 24, 2009, concerning the Implementation Strategy. Messrs. A. Pinard and B. Sloan presented the Implementation Plan for the Kitchener Growth Management Strategy, as contained in the staff report. Mr. Pinard advised that the Kitchener Growth Management Strategy was approved by Council on January 26, 2009, and one of the major action items resulting from the strategy was to evolve the staging of development. A draft of the current document was tabled with this Committee on February 9, 2009, to allow for stakeholder input. Since February 9th, two meetings were held with the Waterloo Region Home Builders Association, several land owners, the City's Environmental Committee and Economic Development Advisory Committee. Written comments were also invited, and are appended to the staff report. Mr. Pinard then advised that many of the elements of the previous staging process have been included, as well as new features to improve the growth management program. These new features include: (1) a process to address intensification opportunities in addition to Greenfield development areas, as required by Places to Grow; (2) identification and co-ordination of all major initiatives required to prepare land for development, such as servicing; (3) change in timing of the process so as to better inform the Capital Budget; DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 3$ - CITY OF KITCHENER 7. DTS-09-04$ - KGMP IMPLEMENTATION STRATEGYtCONT'D) (4) prioritization based on evaluation criteria which are included in the plan, so as to be transparent, with many of the criteria relating to the achievement of complete communities; and, (5) for those properties not assigned the highest priority, identification of studies and projects that need to be completed. Mr. Sloan advised that there have been several revisions to this implementation strategy since it was tabled on February 9th. Anew City wide map has been included to show individual parcels. There is a 4 level priority system, A, B, C, and D, which runs from the highest to the lowest priority. Priority A and B lands will be actively worked on over the next year and a half. Priority C lands are a compromise, and they will be worked on in the second time frame or may be brought forward if everything else has been completed and all necessary studies and projects have been completed. He stated that if the implementation strategy is approved, then 9,500 dwelling units can be brought on line in the next 15 months. This plan will help organize staff time and resources. With respect to public comments received on this plan, Mr. Sloan advised that they have mainly been received from land owners in southwest Kitchener, most of who think their land should be a higher priority. Mr. Sloan stated that the City needs to look at higher level items and look at things comprehensively. Staff also received comments that this plan is restricting development; which is not true, as staff will be working on a 6 year supply of lots over the next 15 months. With these approvals comes a significant amount of capital projects, costing approximately $113M in infrastructure costs over this year and next. Mr. Sloan advised that in all of 2008, only one plan of subdivision received draft approval. This implementation strategy recommends 15 plans of subdivision be processed in the next 1 t/2 years and more beyond that. He advised that transportation network studies for the west side plans are still needed. Further, any adjustments could affect staff's ability to work in other areas. Mr. Pinard advised that one of the comments received is that there should be no timing on Greenfield development. He advised that to remove the timing would result in either numerous incomplete communities for a long period of time or municipal financing problems. He also noted that many of the comments received are silent on the fact that this plan identifies all the remaining Greenfield development plans for the next 15-20 years and possibly forever. If the countryside line is not expanded, this is all the Greenfield land we have and it is important to get it right. Mr. Willmer stated that the strategy affects all aspects of the corporation. This strategy is not only important to us, but also other agencies and the community at large. The growth management plan is a good road map; as it helps us manage the development charges fund and our Capital budget process. Management of our development charges fund has an important economic impact. Building permits will be issued and this economic growth will benefit the community. He stated that through the Who Are You Kitchener survey, the community stated that it wants the City to improve the way it manages growth. Mr. Willmer concluded by saying that Kitchener not only has the authority to approve this growth management program, it also has a mandate to do so under the Places to Grow Act and other Provincial Legislation. Councillor Vrbanovic referred to the averages contained in Appendix A to the staff report and questioned whether the averages would change given that the City of Waterloo is out of land and the City of Cambridge has infrastructure problems. Mr. Sloan advised that they should stay relatively the same as there has already been a construction slowdown in the Cities of Waterloo and Cambridge. Councillor Vrbanovic questioned the 5 year average of 844 single detached homes, and referring to Appendix B -Summary of Plans, noted that the total is 3133, which would mean there is only 3.75 years supply of singles available. Mr. Sloan responded that the second page of Appendix B shows that there will be 6,238 street fronting units. He advised that there are lotless blocks of land in these subdivisions that could be developed with singles or street fronting townhouses. There will be 7 years of growth for singles and approximately 85% of the lots designated for singles or semis will be developed with singles. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 39 - CITY OF KITCHENER 7. DTS-09-04$ - KGMP IMPLEMENTATION STRATEGYtCONT'D) Councillor Vrbanovic questioned if there is any way to let consultants know when their clients' land can go on the market. Mr. Sloan advised that the City has been using the Staging of Development report for that purpose for the last 15-20 years. Mr. Pinard advised that it is difficult to give an accurate timing if there are studies to be completed that are beyond the City's control. In response to questions from Mayor Zehr about changing timing of priority in this report, Mr. Pinard advised that the lands designated Priority C are so designated because the developer has studies/projects to complete. If the priority for any parcel of land is changed, it will affect other things in the implementation plan. Upon questioning Mr. Sloan advised that currently there are 5,109 units available in registered plans; however, many are multiple dwellings. Mayor Zehr then referred to Appendix C, noting that one of the issues he has been contacted about is the mixed use corridor for Fischer-Hallman and he questioned which of the plans referred to in Appendix C would contain that, and Mr. Sloan advised it would be contained in the Secondary Plan/West Side Land Use. Councillor Gazzola commented on the amount of work for staff to complete in accordance with this implementation plan, and Mr. Sloan stated that approval of a 6 year supply of lots in 15 months is an ambitious plan and staff will work on as much as possible. We think we can complete this task with the existing staff complement but the volume may affect other agencies. Mr. P. Britton, MHBC Planning, was in attendance on behalf of 18 major property owners and none of who question the legitimacy of the Growth Management Strategy, which has broad based industry support. Further, they all appreciate the consequences of non-action. He presented the Committee with a document titled "Summary Response to the Kitchener Growth Management Strategy -Growth Management Plan - 2009-2010 and Post 2010", dated March 2009. He advised that this is a consensus document containing recommendations particularly related to timing of infrastructure. Mr. Britton noted the importance of the home building industry, as it makes an important contribution to the economy, and anything that affects this industry affects other parts of the economy. He stated that the cost of housing directly relates to supply so it is not in the public interest to restrict supply. Mr. Britton reviewed the contents of the document he submitted including the recommendations. He noted that gravel resources in Trussler Northwest have been exhausted and there are risks of leaving these lands as they are. He recommended that Municipal Plan Amendments need processed in order to settle land use needs. Mayor Zehr noted that at the beginning of his presentation, Mr. Britton stated that he speaks exclusively for 18 land owners. Mr. Britton responded that he does, although all the issues do not apply to every parcel of land. He has undertaken consultations with every one of these land owners. There are trade-offs being recommended in Brigadoon, properties 33 and 34 could be moved from Priority B1-B2 to Priority C, and these property owners will work toward completion of the Strasburg Environmental Assessments. These lands contain approximately 85 acres, without including the wood lot. Mr. Britton recommended that Parcels 33 and 34 and the Heartwood Lands should be processed at the same time. In response to questions from Councillor Galloway, Mr. Britton advised that the apartment land is not included as it is a different parcel of land. Mr. Sloan advised the apartment site is north of parcel 33, and it is not included in the Strategy because it is not part of a plan of subdivision. Councillor Lorentz questioned whether Mr. Britton had reviewed his recommendations with staff. Mr. Britton advised that the issues raised in his presentation had only been finalized in the last 2 or 3 days; however, he does see the merit in reviewing with staff. Councillor Lorentz recommended that Mr. Britton meet with staff to review these recommendations and work-out something reasonable. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 40 - CITY OF KITCHENER 7. DTS-09-04$-KGMP IMPLEMENTATION STRATEGYtCONT'D) Councillor Weylie questioned how many land owners are affected by this Implementation Strategy and Mr. Sloan responded that 50-60 land owners are affected. Mr. Britton noted that he has supported the schedule and timing except for those issues he raised in his presentation. He clarified that he will contain his discussions to west and southwest Kitchener, and the people affected can be invited to participate. Mayor Zehr stated that he agrees with many of the issues raised by Mr. Britton, and suggested there may need to be a special Development and Technical Services Committee meeting on April 20, 2009, when the matter can be dealt with. Mr. V. Bender, RBJ Schlegel Holdings addressed the Committee, advising that one of the most recent urban development projects they have been involved with is the Williamsburg Town Centre. He has attended roundtables hosted by Waterloo Region Healthy Communities Coalition, and agrees that there is a strong link between health and the built environment. Further he agrees with the Pedestrian Charter Steering Committee that there is a relationship between walk ability and urban form and the need to build complete communities. Mr. Bender advised that although they generally agree with the Growth Management Strategy, there are a few items they request be reconsidered. Mr. Bender stated a concern with the future balance between intensification in the urban core and intensification within the larger built boundary, and how to achieve the continued desire for housing choices. He agrees with staff's position of the need to explore the feasibility and merits of establishing a long term urban reserve. He also supports a firm countryside line. Mr. Bender's second point relates to the Regional Transportation Master Plan, as transportation and planning need to go hand in hand. Respecting the relative priority ranking, Mr. Bender advised that past staging reports and timelines identified the Huron Heritage (Becker) parcel for processing in 2007 and then 2008. This plan of subdivision was formally submitted in November 2007 and remains in process without draft approval, and they have indentified the immediate need to bring this application forward for Council's consideration. Mr. Bender then spoke to the Trussler Northeast area. He reviewed the planning history and processes undertaken to date, including the fact that in October 2008, both land owners (Schlegel and Cook) undertook a site walk and pre-application meeting with City staff regarding the preparation of a Master Plan and individual applications for their properties, which were submitted in January 2009. He stated concern about introduction of new studies and the lack of clearly defined scope, terms of reference and timing for such studies. He asked that Williamsburg South Area 3 (Trussler North East) be identified as Priority B and proceed in concert with planning applications for Mattamy to the south and Activa lands to the east. Mr. T. Cooke addressed the Committee, stating that the biggest concern he has with the Growth Management Plan is that it ignores today's economic situation. The City's planners have recommended properties that can not go forward. He stated that Trillium has all the infrastructure to enable it to go forward and it would be a major economic stimulus amounting to $200 million to the economy. He advised that he met with staff and offered to phase this development. He also advised that if there is a constraint on staff time, they will contribute. Mr. Cooke stated that they need Council to become involved in this process and give staff firm direction to have regard to the economic situation; make maximum use of existing infrastructure; and, to have regard to unusual consensus in the industry. In response to questioning from Mayor Zehr, Mr. Cooke stated that frontage on Fischer-Hallman Road could be frozen until completion of the corridor study. Ms. C. Wiebe, MHBC Planning was in attendance on behalf of Freure and Prime Land who own Property #30 - Priority A and Property #31 -Priority B, south of Huron Road and west of the Strasburg Road extension. They support the ranking for their properties. She stated that the Growth Management Plan represents co-ordinated land use planning connected to the City's budget. She also advised that they support the Strasburg Trunk and the Strasburg Road extension. It is important for the infrastructure to be in place and she asked that the trunk and road extension be seen as a high priority. She noted that her clients are dependent on others for these extensions and she encouraged the City to ensure their completion. Ms. Wiebe advised that these plans were submitted in 1998 and Freure and Primeland are running out of serviced DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 41 - CITY OF KITCHENER 7. DTS-09-04$ - KGMP IMPLEMENTATION STRATEGY tCONT'D) lots. Mr. Ian Cook spoke to the Committee concerning Parcel #120 being his land in the Trussler Northeast area. He stated that it is entirely appropriate that plan approvals should run with macro approvals. However, he requested that this land be changed from Priority C to Priority B and that phasing be advanced. He stated that all land owners should receive fair and equal treatment. He also advised that he needs inventory. Mr. P. Smith was in attendance in support of Mr. Cook's position. Mr. L. Masseo, Activa Group, addressed the Committee advising that he supports much of the Growth Management Plan. He stated that it is necessary to understand the times we are in, and that the industry responds to customer demand. He stated that development will only proceed if a market exists and the industry needs to be able to provide the broadest range of prices that customers can afford. He advised that pending and draft approved plans do not represent inventory and that in order to account for the current uncertainty they need many more approvals. He asked that Parcel #117 on Trussler Road be advanced from Priority C to Priority A, noting that everything that is required can be dealt with. Ms. M. Campbell, Zelinka Priamo, was in attendance on behalf of Reo Can Real Estate who own land on the northeast corner of Fischer-Hallman Road and Huron Road which will be a commercial centre. In July 2008, City staff acknowledged receipt of their applications and deemed them to be complete. Now they have been advised that the application processing and detailed design work will not take place within the Growth Management Plan's 2 year time frame. Ms. Campbell stated that it is her belief that the project can proceed without undermining anything else in the KGMP. She urged the Committee to consider a higher ranking for the property than Priority C. Mayor Zehr commented that he understands the frustration of the development industry; however, he reminded the delegations that neither the City nor the Region told them to buy land. He stated that he also understands the competitive nature of the business. However times have changed and development interests have changed and we now have Places to Grow. He stated that competitive representation is not useful in this forum. He stated that developers and builders need to put the community's interests first. Planning staff needs to take into consideration so much more than just creating lots or technical requirements. We have a responsibility to judge what is best for the whole City. He asked everyone to come up with a comprehensive approach in a broader context. On motion by Mayor C. Zehr - it was resolved: "That final consideration of the 2009-2010 and Post 2010 Kitchener Growth Management Plan, as attached to Development and Technical Services Department report DTS-09- 048, be deferred and referred to a meeting of the Development and Technical Services Committee to be held on April 20, 2009; with any recommendation made by the Committee on this matter to be considered at the April 20, 2009 Special Council meeting; and further, That staff submit a report to be considered at the April 20th Development and Technical Services Committee meeting addressing the recommendations put forward by P. Britton, MHBC Planning, on March 30, 2009, respecting specific changes to the KGMP Implementation Strategy as to whether or not they can be accommodated." This meeting recessed at 8:05 p.m. and reconvened at 8:15 p.m. with all members present. $. DTS-09-044 - DRAFT PLAN OF SUBDIVISION 30T-0220$ - REALIGNMENT OF GLASGOW STREET -THE INC CORP. The Committee considered Development and Technical Services Department report DTS-09- 044, dated March 23, 2009, recommending that draft approval be granted to Plan of Subdivision Application 30T-02208, subject to the conditions outlined in the report. Staff provided DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 42 - CITY OF KITCHENER $. DTS-09-044 - DRAFT PLAN OF SUBDIVISION 30T-0220$ - REALIGNMENT OF GLASGOW STREET -THE INC CORP. tCONT'D) Committee members, this date, with copies of revised comments from the Regional Municipality of Waterloo, dated March 27, 2009, and revised wording for the Regional conditions to be contained in the subdivision agreement, being section 3 of the proposed agreement and section 4, subsection 1 of the agreement. Mr. P. Britton, MHBC Planning, was in attendance, on behalf of the developer, in support of the staff recommendation, and the revised Regional conditions. He provided the Committee with 2 proposed recommendations, one requests that the City of Kitchener recommend to Bell Canada, pursuant to Chapter 810 of the City of Kitchener Municipal Code, to move, alter or rearrange its lines of telegraphic services from Old Glasgow Street to New Glasgow Street at no cost. He also requested that Part 6, Condition 2.2.6 of the subdivision agreement be revised by deleting the words "...and/or the relocation of the existing services." Mr. Britton advised that the subdivision design looks after the realignment of Glasgow Street, which is now in a substandard condition. The results for the Region of Waterloo are that they gain a new entrance to the landfill site, and the safety issues at the intersection are addressed. Upon questioning Ms. Malone-Wright advised that she had previously discussed Mr. Britton's recommendations with senior staff, with no resolution. Ms. MacDonald recommended to the Committee that if they wished to receive legal advice on this matter, it should be done in caucus. On motion by Councillor B. Vrbanovic - it was resolved: "That an in-camera meeting of the Development and Technical Services Committee be held immediately to consider a matter subject to solicitor-client privilege." This meeting recessed at 8:25 p.m. and reconvened at 8:35 p.m. with all members present. Mr. Britton stated that it should be understood that this subdivision can proceed without an Official Plan Amendment or zone change, and regardless of the change in land use Glasgow Street would still be realigned. The Committee questioned City of Kitchener condition 6.3 of Part 6 -Other Time Frames in the subdivision agreement, and Ms. Malone-Wright confirmed that is simply involves an exchange of 2 pieces of land. Mayor Zehr questioned what wording should be used relative to Mr. Britton's recommendation no. 1, should the application of the Code not be useable. Ms. MacDonald read aloud the following: "That pursuant to Section 810.2.1 of The City of Kitchener Municipal Code, the City of Kitchener formally requests Bell Canada to move, alter or rearrange its lines of telegraphic services from Old Glasgow Street to New Glasgow Street at no cost; and further, That Bell Canada be requested to coordinate the necessary relocation with new road construction, and should Bell Canada refuse/decline to cooperate, the Subdivider agrees to indemnify the City and pay all costs, including legal costs, as well as all costs for the relocation of the Bell lines." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 43 - CITY OF KITCHENER $. DTS-09-044 - DRAFT PLAN OF SUBDIVISION 30T-0220$ - REALIGNMENT OF GLASGOW STREET -THE INC CORP. tCONT'D) On motion by Mayor C. Zehr - 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 be granted to Plan of Subdivision Application 30T-02208, in the City of Kitchener, for The INC Corp., subject to the conditions detailed in Development and Technical Services Department report DTS- 09-044, dated March 23, 2009; with the following changes to conditions contained in Section 3 and Subsection 4.1 of the subdivision agreement, as required by the Regional Municipality of Waterloo: 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the SUBDIVIDER satisfy the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner's of Planning, Housing and Community Services: 1. That, if necessary, the applicant enter into an agreement with the Regional Municipality of Waterloo to provide for a Letter of Credit acceptable to the Region for design, construction and installation of illumination for the intersection of Ira Needles Boulevard and realigned Glasgow Street, that meets Regional standards as per the Region of Waterloo Illumination Policy. 2. That the subdivision agreement be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the Regional Municipality of Waterloo prior to final approval of the plan of subdivision. 3. That the applicant agrees to stage the development of this plan of subdivision in a manner satisfactory to the City of Kitchener and the Regional Municipality of Waterloo. 4. That a lot grading and drainage plan be submitted for the entire plan of subdivision to the satisfaction of the City of Kitchener and to the Regional Municipality of Waterloo where the lands drain to a Regional facility, for approval. 5. That the applicant prepares a Boulevard Restoration Plan, to the satisfaction of the Regional Municipality of Waterloo, for the intersection of Ira Needles Boulevard and realigned Glasgow Street. 6. That a stormwater management plan be submitted for the entire plan of subdivision to the satisfaction of the City of Kitchener and to the Regional Municipality of Waterloo where the lands drain to a Regional facility, for approval. 7. That the applicant submit the final designs of Glasgow Street and the intersection of Glasgow Street and Ira Needles Boulevard to the satisfaction of the Region's Commissioner of Planning, Housing and Community Services, including, but not limited to a final functional intersection, utility locations. 8. That the applicant enters into an Agreement for Servicing for Stage 2 with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the applicant has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for servicing prior to registration of any part of the plan. The Regional Commissioner of Transportation and Environmental Services shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 44 - CITY OF KITCHENER $. DTS-09-044 - DRAFT PLAN OF SUBDIVISION 30T-0220$ - REALIGNMENT OF GLASGOW STREET -THE INC CORP. tCONT'D) 9. That the applicant include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to registration of this plan: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfillment of all conditions of draft approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit the registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale will have all conditions of draft approval satisfied, including the availability of servicing, until the plan is registered." 4. CLEARANCE CONDITIONS 1. That prior to the signing of the final plan by the City's Manager of Development Review, the Manager shall be advised by the Regional Commissioner of Planning, Housing and Community Services that Conditions 3.1 to 3.9 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied; and further, That pursuant to Section 810.2.1 of The City of Kitchener Municipal Code, the City of Kitchener formally requests Bell Canada to move, alter or rearrange its lines of telegraphic services from Old Glasgow Street to New Glasgow Street at no cost; and further, That Bell Canada be requested to coordinate the necessary relocation with new road construction, and should Bell Canada refuse/decline to cooperate, the Subdivider agrees to indemnify the City and pay all costs, including legal costs, as well as all costs for the relocation of the Bell lines." DTS-09-039 - ZONE CHANGE APPLICATION ZC 0$I25IBILT - 11 BELMONT AVENUE WEST - ROSEN KOLEV & HRISTINA KOLEVA The Committee considered Development and Technical Services Department report DTS-09- 039, dated February 27, 2009, recommending that the zone change application for 11 Belmont Avenue West be approved without conditions. The Committee, this date, was provided with copies of a revised zoning by-law for the subject property. Ms. L. Thompson presented the staff report. Mr. P. Britton, MHBC Planning, was in attendance on behalf of the property owner in support of the staff recommendation and the revised by-law. On motion by Councillor B. Vrbanovic - it was resolved: "That Zone Change Application ZC08/25/B/LT (11 Belmont Avenue W -Rosen Kolev & Hristina Koleva) for the purpose of changing the zoning from Residential Five Zone (R-5) to Neighbourhood Institutional Zone (I-1) with a Special Use Provision and a Special Regulation Provision, on lands municipally known as 11 Belmont Avenue West, and legally described as LOT 395 PART LOT 396 PART LOT 398 PLAN 230, in the City of Kitchener, be approved in the form shown in the "Proposed By-law" dated February 27, 2009, as provided to the Development and Technical Services Committee at its meeting of March 30, 2009." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 45 - CITY OF KITCHENER 10. DTS-09-03$ - ZONE CHANGE APPLICATION ZC 0$I1IIOILT - 1941 OTTAWA STREET SOUTH - DEERFIELD HOMES LTD. The Committee considered Development and Technical Services Department report DTS-09- 038, dated February 25, 2009, recommending that the zone change application for 1941 Ottawa Street South be approved without conditions, and that the Laurentian West Community Plan be revised to designate the property as Multiple Residential rather than Low density Residential. Ms. L. Thompson presented the staff report noting that the zone change only affects part of the land, which is currently zoned Agricultural Zone (A-1 ). The remainder of the land is already zoned Residential Six Zone (R-6). The property is intended to be redeveloped with a 64 unit multiple dwelling, and the land subject to the zone change will contain the parking for the site. Mr. P. Chauvin, MHBC Planning, was in attendance on behalf of the applicant in support of the staff recommendation and proposed by-law. He advised that they have submitted their application for site plan approval. Mr. Chauvin advised the Committee that he ahs spoken with Mr. & Mrs. Price, abutting land owners, on 4 occasions. Displaying a site plan of the proposed development, he indicated that the access to the site has been realigned further from their property and the play area has also been moved. He advised that the trees in the Regional right-of-way will have to be replaced at the rate of 2 for 1. These trees will be planted in a buffer area adjacent to Mr. & Mrs. Price's property, and this buffer area ultimately will be dedicated to the City as part of the required parkland dedication. They will also facilitate a portion of the trail through this property. He asked the Committee to support the staff recommendation. Ms. S. Donald addressed the Committee on behalf of Mr. & Mrs. Price, asking that consideration of the zone change application be deferred until discussions with the builder are complete. Some agreements have been reached; although, they have not been put in writing, and there are still questions to be addressed. They have pre-construction and post-construction concerns. Ms. Donald advised that the plans keep changing and they want to understand the process, and questioned their recourse. They are working toward a resolution, but the issues are still unresolved. Councillor Galloway questioned staff regarding process, and what the next step will be after the zone change process. Ms. Thompson advised that the site plan is in process at this time and will be considered by the Site Plan Review Committee on April 18th. Ms. Ross stated that the issues raised by the delegation are site plan issues. Councillor Galloway stated that the developer should meet with Mr. & Mrs. Price and City staff prior to the Site Plan review Committee meeting. In response, Mr. Chauvin advised that he met with Mr. & Mrs. Price as recently as Friday, and he provided them with a detailed engineering plan. He agreed to the meeting as recommended by Councillor Galloway, to allow Mr. & Mrs. Price to review the plans. Councillor Galloway put forward a motion to defer a decision on this zone change until next week's Council meeting. Ms. Donald responded that they would like more than one week as they have no agreement in writing. Mr. Willmer advised that the zone change is an appealable process and the site plan is not appealable. He questioned the nature of the commitment with the developer as he does not believe that there is authority to bind the developer in this regard. There is nothing to prevent the developer from changing his mind about the development, or selling the property. On motion by Councillor K. Galloway - it was resolved: "That final consideration of Zone Change Application ZC08/11/O/LT (1941 Ottawa Street South -Deerfield Homes Limited) for the purpose of changing the zoning from Agricultural Zone (A-1) to Residential Six Zone (R-6), on lands municipally known as 1941 Ottawa Street South and legally described as Part Lot 46 German Company Tract, in the City of Kitchener, and the "Proposed By-law" dated February 25, 2009, attached to DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 46 - CITY OF KITCHENER 10. DTS-09-03$-ZONE CHANGE APPLICATION ZC 0$I1IIOILT - 1941 OTTAWA STREET SOUTH - DEERFIELD HOMES LTD.tCONT'D) Development and Technical Services Department report DTS-09-038, and final consideration of revising the Laurentian West Community Plan to designate the subject lands as Multiple Residential (40uph), rather than Low Density Residential, as shown on Schedule `A' to Development and Technical Services Department report DTS-09-038 be deferred and referred to the Council meeting of April 6. 2009. to allow staff an opportunity to inform the abutting neighbour of the zone change and site plan approval processes." 11. DTS-09-036 - ZONE CHANGE APPLICATION ZC 0$I23IGIKA - 921 GLASGOW STREET- 21179$$ ONTARIO INC. tZ GROUP) The Committee considered Development and Technical Services Department report DTS-09- 036, dated March 4, 2009, recommending approval of a zone change for 921 Glasgow Street. The Committee also considered the Design Brief, dated March 3, 2009, prepared by Labreche Patterson & Associates Inc. for the subject property. The Committee members were provided, this date, with a complete copy of the "Proposed By-law", as it had not been included in the agenda package. Ms. K. Anderl presented the staff report noting that they recommend approval of the zone change and urban design guidelines. She advised that the lands are currently vacant and are located in a mixed use node. The land is currently zoned Residential Six zone (R-6) which permits low rise residential and is proposed to be zoned Residential Seven Zone (R-7) which allows an increase in density and a maximum height of eight storeys. The floor space will be limited to 1.0, and staff recommend that future buildings be stepped from east to west across the site with a maximum height approximately 4 storeys nearest the eastern side yard to a maximum height of 8 storeys nearest the western side yard. Ms. Anderl advised that meetings were held with the neighbours more than once, and neighbourhood responses are attached to the staff report. She also advised that a transportation impact study was prepared and no improvements were recommended. Respecting the community trail, the trail will be connected. Councillor Gazzola noted that the community presented a report to staff and questioned whether Ms. Anderl reviewed it with them, and Ms. Anderl responded that she met with the community following which they submitted their report. Councillor Gazzola questioned what will happen with the trees, and Ms. Anderl advised that there are 2 tree lines. She stated that the tree line at the left side of the laneway will be protected and the ones at the top right hand corner are not protected but will be addressed through the site plan process. In response to questions about the possibility of moving the proposed roadway on the easterly side of the property, Ms. Anderl advised that there will be a 6m setback and it will have to be reviewed through the site plan process where such things as safety will be considered. Ms. Anderl reminded the Committee that staff has not yet received a development plan for this property. Councillor Weylie questioned the closure of Glasgow Street at University Avenue, emergency access and parking prohibitions. Mr. McBride responded that staff are looking at prohibiting on- street parking on the inside of the curve and some other areas. It was noted that the owner has prepared a design brief but if the zone change is not approved, the design brief will not be approved. Staff worked with the owner on this design brief. Mr. V. Labreche was in attendance on behalf of the property owner, and Mr. J. Sennema, Manager of Planning, Z Group was also in attendance. Mr. Labreche advised that they support the staff recommendation and report. He stated that this property is in a mixed use node designation and there are other planning documents affecting this property, all of which required a higher density for this property. This land is listed in the Kitchener Growth Management Strategy as Priority A, which is the highest priority of development. This is a planned and approved intensification area and if the owner did not apply to rezone the property, the City would have to do so. Further, in the future staff anticipates that the mixed use zoning will be applied to mix use nodes. Mr. Labreche advised that there was a public meeting held in November which was attended by the Ward Councillor and staff. Subsequently the zone change DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 47 - CITY OF KITCHENER 11. DTS-09-036 - ZONE CHANGE APPLICATION ZC 0$I23IGIKA - 921 GLASGOW STREET- 21179$$ ONTARIO INC. tZ GROUP) tCONT'D) application was revised to limit the building height on the east side of the property to 4 storeys to provide a transition. Respecting the trees on the property, he advised that they are 35' to 50' high, and as part of the site plan approval process they will be required to prepare a tree preservation plan. He noted that the residential properties do not actually about this land. Mr. Labreche concluded by advising that all planning policies suggest that a higher density should apply to this land and this zone change application simply implements the City's Official Plan. Mr. T. Knowlton addressed the Committee with respect to the trees on and around 921 Glasgow Street, recommending that they be preserved noting that they attract wildlife. He also advised that the trees help to block the view of this property which is 15m higher than the surrounding land. This difference in elevation will make even a 4 storey building seem much higher. Mr. M. Feick presented the neighbourhood's traffic concerns. He advised that he conducted a small traffic study during peak hours and between 8 a.m. and 8:40 a.m. there were 140 inbound vehicles per hour and 277 outbound vehicles, and there were 9 intersection blockages past Northforest Trail. He questioned what the traffic situation would be like when there are 100's more vehicles in this area. He requested that consideration be given to moving the entry point for this property, In response to Councillor Gazzola, Mr. McBride advised that he agrees with Mr. Feick's traffic counts, and stated that the traffic volumes in the report are 24 hour averages. Councillor Gazzola questioned the access road, and Mr. McBride responded that there are sight issues at the existing driveway and moving it to the west provides better sight lines. Mr. Labreche noted that the questions and issues raised are site plan design issues. He noted that '/2 of the property's frontage is access and to move the access would put the development closer to the neighbours. With regard to the trees, Mr. Labreche noted that 2 arborists were hired to consider the trees. He stated that they are not contiguous to the other properties and are isolated. Further these issues have bee addressed in the urban design brief. Mr. Labreche explained that all these issues will have to be addressed in the site plan, and if there is a difference from the urban design brief, the developer will have to come back to Council for approval. He then noted that this zone change simply implements the Official Plan designation. Ms. McMannis addressed the Committee and compared the existing traffic problems at Fischer Hallman Road to the potential problems this development will bring to this community should this zone change be approved. Ms. McMannis advised that Northforest Trail is the only inlet and outlet tot this area and it does not allow for easy access to main roads. Glasgow Street is their access and it is a collector road. The Fischer Hallman/Glasgow Street road circumvents the lights at Fischer Hallman/ Glasgow and provides ashort-cut around the plaza to University Avenue. The Westvale community is saturated and provides 1 ~/2 - 2 cars per housing unit to University Avenue. The University Meadows development along the University Avenue corridor will add 245 - 490 vehicles to University Avenue, which will be their main access road. Further, the proposed shopping centre, which will be larger than the Sunrise Centre and the Grand River Transit Station will add 100's of cars per day to this area. Ms. McMannis then informed the Committee of "choke points" or areas of traffic congestion that already exist in this area and an additional "choke point" that will be added should this zone change be approved. She noted that the proposed R-7 zoning will add approximately 793 residents with 793 vehicles plus 100 - 150 service staff vehicles and other vehicles from visitors. Also the R-7 zoning will increase the density of housing to 3 or 4 times that of the Places to Grow document. The consequences to traffic flow will be that this 400 m stretch of road could be blocked in both directions which could potentially block Glasgow Street during peak times, and will also adversely affect neighbouring properties with driveways onto Glasgow Street. Ms. McMannis then compared the Fischer Hallman Road/University Avenue intersection and Fischer Hallman Road/Ottawa Street intersection in terms of traffic flow and lanes of traffic. Ms. McMannis concluded by stating that the community has serious concerns about: not being able to circulate traffic to major intersections; potential delays as demands for future developments are required; concerns about requirements to go green and accommodate cyclist, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 4$ - CITY OF KITCHENER 11. DTS-09-036-ZONE CHANGE APPLICATION ZC 0$I23IGIKA - 921 GLASGOW STREET- 21179$$ ONTARIO INC. tZ GROUP) tCONT'D) pedestrians and transit riders; increased number of accidents; children's safety riding the school bus; and, neighbours not being able to use their driveways. She asked City Council to be proactive and not approve the R-7 zoning. Mayor Zehr questioned whether University Avenue is scheduled to be widened. Mr. McBride responded that part of University Avenue is a Regional road and land is available, for widening, but not scheduled for widening at this time. Any consideration of widening University Avenue will probably wait until Ira Needles Boulevard is completed. Mr. B. Matcheski addressed the Committee concerning density outlined in the Places to Grow document, and the problems created in areas with excessive density, such as crime. He noted that the Kitchener Growth Management Strategy designs mixed use note and states that the Fischer Hallman/Glasgow intensification area is 20 ha. It states that the non-residential floor space is used to calculate how many will come to work in this area. The Strategy states a density of 24, which is a fairly low density as defined by the planners. However, the neighbours think this area is already dense, the difference being that the City's density calculations do not include the students at Resurrection and the neighbours feel the density of students. Considering the students who drive to this area and shop in this area, the density is really 112, and this rezoning will bring the density to 151. Mr. Pinard responded that the Places to Grow target for new Greenfield development is 50 residents and jobs per ha. and that municipalities should identify additional areas for greater intensification. We did generate some overall assumptions and used this data as a benchmark as to how we measured up to Places to Grow. Further, this is not the only area where this type of population takes place. Staff did not count customers at shopping plazas and did not count students at schools. In response to a question from Councillor Vrbanovic, Mr. Pinard advised that staff have to comply with legislation and regulations as to those people who can be included in the density calculation. Ms. Kozak spoke in support of the neighbourhood presentation. She asked the Committee not to support this zone change. Ms. Kozak noted that the density figures provided by staff do not consider the students, which is not correct as they impact traffic and have an impact on commerce in this area. She asked the Committee to support the community and keep the R-6 zoning. Ms. K. Caskinette asked the Committee not to consider approving the zone change; as she does not believe the existing infrastructure can support the R-7 zoning. In response to questions from Councillor Galloway, Ms. Anderl advised that the R-6 zoning and the R-7 zoning categories are similar but the R-7 allows for residential care facilities. With respect to building height, the R-6 zoning permits 10.5 m and the R-7 permits 24m, which in this case has been stepped. Ms. N. Worthington addressed the Committee advising of her support for the neighbourhood position. She noted there is no firm site plan and noted that the design brief does not meet any of the 4 design principles. The design brief proposes a common open patio for amenity space with no assurance that this will be an attractive public realm. The design brief suggests that a row of trees will be a natural sound and sight barrier. The drawings don not suggest a pedestrian oriented environment. Re-enforcing compatibility with the surrounding development is not being provided because of the dramatic grade difference. There are flaws in the design guidelines respecting sightlines. In total, the 4 design principles have not bee supported. Mr. Kapasi noted increased concerns with traffic, high density and removal of trees. With particular concern about tree removal, Mr. Kapasi asked that the trees be preserved for future generations and asked that the trees not be replaced with concrete block buildings. He requested that the zone change not be approved. Mr. T. Pawlowski was in attendance in support of the neighbourhood position on this application and questioned why there is only one parcel of land left to meet the density requirements. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 49 - CITY OF KITCHENER 11. DTS-09-036 - ZONE CHANGE APPLICATION ZC 0$I23IGIKA - 921 GLASGOW STREET- 21179$$ ONTARIO INC. tZ GROUP) tCONT'D) Ms. Swarup addressed the Committee and advised of her support for the neighbourhood position and noted that her main concerns are density and traffic. Ms. Benenati stated that she shares the concerns of the neighbourhood and has concerns regarding the community trail. She stated the neighbours already have concerns about things that happen on the trail and they can not be on surveillance 24 hours a day. Mr. J. Vincent stated that he is also in agreement with the neighbourhood concerns. Mr. D. Meyer addressed the Committee noting that his concerns have already been addressed by previous presenters. Mr. S. Jones referred to Places to Grow, the Official Plan and the Kitchener growth Management Strategy, stating that the neighbours feel that nothing of the terms of these documents have been applied to this property and the neighbours don not think they have been listened to. He stated that nothing that has been said by the neighbours at this meeting is new. He also stated that their demands are not unreasonable and the citizens have been willing to work with staff and the developer. Mr. Jones advised that, in November, the developer intended to proceed without considering the concerns of the neighbours. He noted that everything the owner has put forward has been mirrored by staff in their report and recommendation. He stated his belief that the neighbourhood felt there was no room for negotiations or compromise. He stated that the Committee has the opportunity to listen to the neighbourhood and come up with something they can all live with. He asked that at the very least, the Committee defer final consideration of this zone change. Following questions, Mr. Jones noted that the last application that come forward for this property did not need an R-7 zoning. He suggested that a rezoning to R-6 with special regulations would be appropriate. Ms. Anderl responded that a residential care facility would need R-7 zoning or special regulations. Staff tried to go with an R-6 zoning but in the end the zoning would have been R-6 with R-7 regulations. Mr. M. Potter addressed the Committee thanking them for listening. He noted that a number of things have been presented this evening dealing with site design as compared to the zoning. However, the zone change is the last place where the neighbours can affect things. If the City approves the R-7 zoning, any formal recourse is gone for the neighbours. He asked the Committee to refuse this application and direct staff to develop an appropriate R-6 zoning. He advised that density is important and their subdivision is sandwiched in a high density, high traffic development. He asked the Committee to consider the practicality of the situation as well as the planning documents. He encouraged the Committee not to allow the zone change as it is now, and consider an R-6 zoning that would allow 5 storeys at the back and 3 storeys at the front of the property. Councillor Gazzola questioned the mixed use node. He noted that currently the density is 24 and the R-6 goes to a density of 87, suggesting that 87 meets the higher density requirements. Ms. Anderl noted that mixed use node ahs a higher density than low rise residential and the R-6 zone does not provide enough density as required in the mixed use node. In response to questions from Councillor Gazzola, Mr. Pinard advised that the City has not yet developed zoning categories for mixed use nodes. However, mixed use corridor zoning has a density of 1. The Places to Grow density targets are for an area and not a specific site. Mr. Labreche advised that it is important to note that density targets affect a larger area, such as a whole City and many cities have to identify pockets for intensification. In the Provincial Policy Statement calculations of density consider households and employment. Including students is not in keeping with the Provincial Policy Statement. The owners purchased this property after the issuance of the Provincial Policy Statement and Places to Grow, so the means by which DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 50 - CITY OF KITCHENER 11. DTS-09-036 - ZONE CHANGE APPLICATION ZC 0$I23IGIKA - 921 GLASGOW STREET- 21179$$ ONTARIO INC. tZ GROUP) tCONT'D) density would be calculated were clear. He stated that the site plan will deal with specifics on the site. Mr. J. Sennema, Manager of Planning, Z Group addressed the Committee advising that he first purchased the west side of the property and at that time he checked with the City concerning whether the house was a heritage house, and whether all the trees would have to be kept. The accusation that he did not want to deal with the rate payers is just not true. He had a potential developer who wanted to build a care facility but they backed out because of the change in the economy. He had 2 tree plans prepared and compromised on building height with a limit of 4 storeys on part of the property. He stated that through this zone change process he has tried to implement the City's official Plan. Councillor J. Gazzola assumed the Chair at this time to allow Councillor Weylie to participate in the discussion. Councillor Weylie stated that Planning staff has paid close attention to provincial, regional and city planning documents. She stated that her greatest concerns are traffic and the community trail coming out onto Northforest Trail, because the students have already caused a great deal of problems on the trail. She asked the Committee to refuse this application and keep the zoning at R-6. Councillors Lorentz and Vrbanovic spoke in support of Councillor Weylie's motion and it was pointed out tot the residents that a zone change is appealable, and the owner may be successful on an appeal. Mayor Zehr spoke in support of Councillor Weylie's motion to refuse this zone change. He directed staff to prepare a report for a modified R-6 zoning on this property that would deal with the neighbours' proposal and would have the intensification aspect of a 3 storey and a 5 storey buildings, and explain what such an R-6 zoning would look like. Mr. Pinard questioned, and it was confirmed, that staff could engage the applicant as to whether such an R-6 zoning would work for them. Mr. Pinard then questioned whether staff is being required to come forward with a City initiated zone change to a modified R-6 zoning, and advised that staff's opinion is what is contained in the staff report. Mayor Zehr noted that because staff recommended the R-7 zoning, should a refusal be appealed, staff may be required to defend their professional opinion. Mayor Zehr directed that staff come back with options. Councillor Vrbanovic requested a new staff report that incorporates the community's proposal and also include the developer. This report is to be presented at the April 6th Council meeting. A recorded vote was requested. On motion by Councillor C. Weylie - it was resolved: "That Zone Change Application ZC08/23/G/KA for 921 Glasgow Street (2117988 Ontario Inc), for the purpose of changing the zoning from Residential Six Zone (R-6) and Residential Six Zone (R-6) with Special Regulation Provision 267R to Residential Seven (R-7) with Special Regulation Provision 488R and Holding Provision 54H on lands legally described as, PART LOT 34, GCT being PARTS 1, 2, 3 and 4, 58R-15652, be refused." Carried Unanimously. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 51 - CITY OF KITCHENER 11. DTS-09-036 - ZONE CHANGE APPLICATION ZC 0$I23IGIKA - 921 GLASGOW STREET- 21179$$ ONTARIO INC. tZ GROUP) tCONT'D) On motion by Mayor C. Zehr - it was resolved: "That staff submit a report to be considered at the Council meeting of April 6, 2009, that outlines a site specific Residential Six Zone (R-6) for 921 Glasgow Street that takes into consideration the concerns expressed by the neighbours at the March 30th Development and Technical Services Committee meeting and the Kitchener Growth Management Strategy." 12. ADJOURNMENT On motion, the meeting adjourned at 11:25 p.m. U. Uilchrist Committee Administrator