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HomeMy WebLinkAboutDev & Tech Svcs - 2009-08-10DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 10, 2009 CITY OF KITCHENER The Development and Technical Services Committee met this date, commencing at 2:24 p. m. Present: Councillor C. Weylie -Chair Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, J. Gazzola and K. Gallway Staff: C. Ladd, Chief Administrative Officer T. Speck, General Manager, Corporate Services J. Willmer, Interim General Manager, Financial Services J. McBride, Director, Transportation Planning M. Selling, Director of Building A. Pinard, Interim Director of Planning L. MacDonald, Director, Legal Services/City Solicitor G. Murphy, Director, Engineering Services B. Korah, Manager, Development Engineering T. Beckett, Fire Chief D. Ross, Manager, Development Review K. Mick, Engineer, Engineering Services K. Anderl, Senior Planner D. Gilchrist, Committee Administrator 1. CRPS-09-029 -CLOSURE OF A PORTION OF HOWE DRIVE - DECLARATION OF SURPLUS FOR EASEMENT - POSSIBLE CONVEYANCE OF SAME The Committee considered Corporate Services Department report CRPS-09-029, dated June, 17. 2009, recommending closure of a portion of Howe Drive, declaration of surplus land for easement purposes and the possible conveyance of same. It was noted that consideration of this report was deferred at the June 22, 2009 Development and Technical Services Committee at the request of Ms. L. MacDonald. Ms. MacDonald reviewed the report and advised the Committee that if the adjacent property owner wants to buy this land, they should pay fair market value. Councillor Gazzola questioned whether, if adopted, the staff recommendation will allow for the closure of Howe Drive and the sale of the land. Ms. MacDonald explained that adoption of the resolution will declare this land as surplus; and in addition, the City will have the right to consider the sale of the land, but does not have to sell the land. Mr. C. Robson was in attendance on behalf of the developer who owns the land abutting both sides of the subject land. He advised that he agrees with Ms. MacDonald that an opinion of value of land is not the same as an appraisal; however, it has been obtained to support his view that $82,000 is an excessive price for this land. He offered to obtain an appraisal if required by Council. Mr. Robson advised that his client owns land on either side of the land to be declared surplus. He stated that because of the easements, they will not be able to build on this land. He advised that to have a true market value there has to be a market, and there is no market for land that can not be built on. He stated that if the land was priced lower, they may be able to come to a compromise. Mayor Zehr stated that he understood Mr. Robson's argument but he does not necessarily agree with it. He stated that there are fair market values for two different types of people. Mr. Robson stated that there can not be two fair market values, as fair market means that that more than one person is interested in the land. Mayor Zehr stated that market value to the adjacent property owner means that it can be used to intensify the use of their land. Mr. Robson advised that his client may be willing to pay a value somewhere closer to the middle. Councillor Gazzola put forward the staff recommendation stating that there could be a compromise on the cost of the land. On motion by Councillor J. Gazzola - itwas resolved: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 10, 2009 - 92 - CITY OF KITCHENER 1. CRPS-09-029 -CLOSURE OF A PORTION OF HOWE DRIVE - DECLARATION OF SURPLUS FOR EASEMENT - POSSIBLE CONVEYANCE OF SAME (CONT'D) "That the closure of a portion of Howe Drive, representing an area of 1,331.4 m2, be approved in principle, and that Legal Services be instructed to proceed with the preparation and advertising of a by-law to close and convey that part of Howe Drive, subject to the following conditions: 1. That the portion of Howe Drive to be closed, described as Part Lot 47, German Company Tract, being Part 1 on Plan 58R-16350, in the City of Kitchener be declared surplus to the City's needs for the purpose of conveying easements to Kitchener-Wilmot Hydro and The Regional Municipality of Waterloo, upon closure of this part of Howe Drive and the possible conveyance of the closed portion to the owner of the adjacent lands. 2. That in the event of a conveyance of the closed portion of the Road, an easement be reserved in favour of The Corporation of the City of Kitchener over the entire closed portion of Howe Drive. 3. That the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale, satisfactory to the City Solicitor, for the sale to the adjacent property owner, should they so desire to purchase, that portion of Howe Drive, described as Part Lot 47, G.C.T., being Part 1 on Plan 58R-16350, subject to easements in favour of The City of Kitchener, The Regional Municipality of Waterloo, and Kitchener-Wilmot Hydro, for the fair market value, appraised at $82,000.00, said Agreement to be conditional upon said portion of Howe Drive being closed. 4. That pursuant to the Draft Plan of Subdivision Application 30T-04207, the Developer is responsible for all the costs associated with the closure of that portion of Howe Drive, including the reference plan, appraisals, advertising, by- law registration, easement registrations, all Registry Office fees and disbursements, and Legal Services administration fee and is responsible for the removal of the road surface of the road allowance and these lands shall be landscaped at the Developer's expense to the satisfaction of the City's Director of Transportation Planning; and further, That the Mayor and Clerk be authorized to execute all documentation, satisfactory to the City Solicitor, to convey the required easements over the entire portion of road being closed together with all documents required for any possible conveyance." It was noted that the staff recommendation does include the cost of $82,000 for the land. Ms. MacDonald advised that the first appraisal of the land was $164,000, and $82,000 is a 50% discount. 2. DTS-09-116 -CLASS ENVIRONMENTAL ASSESSMENT - SPRINGDALE SANITARY PUMPING STATION REPLACEMENT The Committee considered Development and Technical Services Department report DTS-09- 116, dated July 31, 2009, recommending that the Springdale Pumping Station Replacement Class Environmental Assessment (EA), dated July 24, 2009, be filed with the Ontario Ministry of the Environment for the mandatory 30 day review period, then once this period has expired, that staff implement the recommendations of the EA. Mr. G. Spere, MTE Consultants Inc., attended to present the Schedule "B" Class Environmental Assessment for the Springdale Sanitary Pumping Station Replacement. He reviewed the various options for replacement, recommending Option #3: being a gravity sewer from Springdale Drive to General Drive; removing the existing pumping station completely; and, that the forcemain be abandoned in place. He advised this option will cost $471,500, which is the lowest cost of all the alternatives, and there will be no ongoing maintenance costs. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 10, 2009 - 93 - CITY OF KITCHENER 2. DTS-09-116 -CLASS ENVIRONMENTAL ASSESSMENT - SPRINGDALE SANITARY PUMPING STATION REPLACEMENT (CONT'D) In response to questions about various impacts Mr. Spere advised that they plan to use threnchless technology which will have the least environmental impact to the woodlot and wetlands. He also advised that there will not be a socio-cultural impact as there won't be any part of the system that is visible or noisy. This system will service approximately 90 homes; and, although they will use oversized pipe, the amount of additional flow will be minimal because of surrounding uses such as Bechtel Park. On motion by Councillor J. Smola - itwas resolved: "That the Springdale Sanitary Pumping Station Replacement Class Environmental Assessment Report prepared by MTE Consultants Inc., dated July 2009 be received; and, That the Springdale Sanitary Pumping Station Replacement Class Environmental Assessment Report be filed with the Ontario Ministry of the Environment for the mandatory thirty (30) day review period as required by the Environmental Assessment Act; and further, That staff commence the implementation of the recommendations of the Class EA, following the thirty (30) day mandatory review period and Ontario Ministry of the Environment acceptance of the study, through the Lift Station Replacement Account." 3. DTS-09-121 -SCHEDULE "B" CLASS ENVIRONMENTAL ASSESSMENT - CLOSURE OF A PORTION OF OLD HURON ROAD - RECONFIGURATION/RELOCATION -OLD HURON ROAD TURN CIRCLE The Committee considered Development and Technical Services Department report DTS-09- 121, dated July 29, 2009, recommending that a Schedule "B" Class Environmental Assessment be undertaken for closure of a portion of Old Huron Road, reconfiguration/relocation of the Old Huron Road turn circle; and, that MTE Consultants Inc. be retained by the City to undertake this work. In the report staff also recommend that the City enter into an agreement with MTE to complete this EA. Mr. B. Korah reviewed the staff report. Mayor Zehr stated that the report looks at the closure of Old Huron Road, which is more than the cul-de-sac. Mr. Korah responded that the City is looking at the closure of a portion of Old Huron Road and the sale to the abutting land owner. Before the sale takes place there must be an appraisal of the land. He also advised that Hallman Construction will pay the cost of the Class Environmental Assessment and the exchange of land for the cul-de-sac bulb. In response to questions from Councillor Gazzola, Mr. Korah advised that Council approved the design brief for this land, which included the transfer of this land. He then clarified that the report before the Committee at this time only deals with initiating the Class EA. Mr. P. Britton, MHBC Planning, attended this meeting on behalf of Hallman Construction, in support of the staff recommendation, and thanked Ms. McCrea and Mr. Korah for their work in this regard. He advised that when the Brigadoon Community Plan was approved it recognized that the two Huron Roads would meet at an acute angle. The community plan dealt with the closure of Old Huron Road and the transfer of the closed portion to the adjacent property owner. He then provided the Committee with his understanding that the EA and the physical closure of the road will be paid for by his client, and they will also pay fair market value for the land. Councillor Galloway questioned whether there would be any advantage to the commercial property to have access from Old Huron Road. Mr. Britton responded that pedestrian access would be advantageous but not vehicular access. He also advised that they are reducing their commercial frontage on Templewood Drive and they will be conducting a traffic study as part of the site plan process. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 10, 2009 - 94 - CITY OF KITCHENER 3. DTS-09-121 -SCHEDULE "B" CLASS ENVIRONMENTAL ASSESSMENT - CLOSURE OF A PORTION OF OLD HURON ROAD - RECONFIGURATION/RELOCATION -OLD HURON ROAD TURN CIRCLE (CONT'D) On motion by Councillor J. Gazzola - itwas resolved: "That staff initiate the Schedule "B" Class Environmental Assessment for Closure of a portion of Old Huron Road and relocation of Old Huron Road cul-de-sac to accommodate developments within this area; and, That MTE Consultants Inc. be retained as the City's Engineering Consultant to undertake a Schedule 'B' Class Environmental Assessment for the closure of Old Huron Road and relocation of Old Huron Road cul-de-sac in accordance with the Municipal Code, Chapter 170, Section 170.6.2, Fees of less than $20,000; and further, That the Mayor and Clerk be authorized to execute an Engineering Agreement for the provision of professional engineering services between the City of Kitchener and MTE Consultants Inc. at a total cost of $19,000.00 including applicable taxes for completion of the Schedule "B" Class Environmental Assessment for Closure of a portion of Old Huron Road and relocation of Old Huron Road cul-de-sac project upon receipt of the necessary funds from Hallman Construction Limited who are providing financing for this project." 4. DTS-09-125 -REQUEST FOR RECONSIDERATION - DEMOLITION CONTROL APPLICATION DC 09/07/K/AP - 510 KRUG STREET -PAUL & PENNY GROMINSKY The Committee considered Development and Technical Services Department report DTS-09- 125, dated August 4, 2009, outlining the request of the owners, Paul and Penny Grominsky, for Council to reconsider its decision of June 29, 2009, to conditionally approve their Demolition Control Application DC09/07/K/AP. Specifically, their concern is with the conditions that require them to obtain a building permit before they can obtain a demolition permit, and, the requirement for them to rebuild within 2 years of the date of issuance of the demolition permit. Mr. Willmer presented the staff report advising that the conditions present the difficulty, as the owner does not have a clear plan for redevelopment. To delay the demolition delays the clean-up of the property. Councillor Smola advised that he read the letter from Hertzberger & Associates, dated July 13, 2009, advising that it can take a year to get clearance from the Ministry of the Environment. He then questioned the possibility of a three year option. Mr. Willmer responded that a three year time limit is still a problem because the owner still has to obtain a building permit before demolition. Mr. Willmer explained that there are two problems: the first is that 2 years may not be long enough; the second, in order to begin decommissioning the owner needs to demolish the existing building and in order to get a demolition permit, he must first get a building permit. The owner does not have a specific development plan at this time, so he can not apply for a building permit. Councillor Gazzola questioned an undertaking from Mr. Grominsky's solicitor. Mr. Willmer explained that he is giving this letter as a professional on the instruction of his client, but can not give assurances on his own. Councillor Vrbanovic questioned whether the City can require the property to be maintained at a certain level, such as seeding the property, if the demolition is permitted without conditions. Mr. Willmer advised that the property will have to meet the requirements of the City's Property Standards By-law. Mr. Grominsky provided the Committee this date with copies of two letters from his solicitor, Hertzberger & Associates, one dated July 13, 2009 and the other August 6 2009. He advised DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 10, 2009 - 95 - CITY OF KITCHENER 4. DTS-09-125 -REQUEST FOR CONSIDERATION - DEMOLITION CONTROL APPLICATION DC 09/07/K/AP - 510 KRUG STREET -PAUL & PENNY GROMINSKY (CONT'D) the Committee that he intends to clean-up the property and redevelop it. He does not want this property to become an eye-sore and will seed the property and erect a fence until he decides how the property will be re-developed. Mayor C. Zehr gave Notice of Motion that at the Council meeting of August 24, 2009, he will introduce a Motion for Reconsideration of Council's June 29, 2009 decision to conditionally approve Demolition Control Application DC09/07/K/AP, 510 Krug Street. Councillor Smola directed that any neighbours who were in attendance at the June 29, 2009 Council meeting be notified of this Notice of Motion. 5. DTS-09-118 -DEMOLITION CONTROL APPLICATION DC 09/06/VV/GS - 173 WOOLNER DRIVE - CHRISTINE SIU TING FUNG The Committee considered Development and Technical Services Department report DTS-09- 118, dated July 24, 2009, recommending approval of a demolition control application for property municipally know as 173 Woolner Drive (873 Fairway Road North) without conditions. Councillor Vrbanovic directed staff to contact the owner and inquire if the building can be used for Fire training prior to demolition. On motion by Councillor B. Vrbanovic - itwas resolved: "That Demolition Control Application DC09/06/W/GS requesting permission to demolish one (1) single detached dwelling located at 173 Woolner Drive (873 Fairway Road North), owned by Christine Siu Ting Fung, legally described as PLAN 591 PT LOTS 12 RP 58R-14724 PT be approved, without conditions." 6. DTS-09-090 -DRAFT PLAN OF SUBDIVISION 30T-07205 - ZONE CHANGE APPLICATION ZC 07/26/H/KA - OFFICIAL PLAN AMENDMENT OP 07/14/H/KA - FISCHER HALLMAN ROAD, HURON ROAD - BECKER ESTATES INC. The Committee was in receipt of Development and Technical Services Department report DTS-09-090, dated August 1, 2009, providing the Committee with staff's position respecting an Ontario Municipal Board hearing for Planning applications for property at Fischer-Hallman Road and Huron Road. Ms. K. Anderl was in attendance to answer questions from the Committee. In response to questions from Councillor Galloway concerning roadway widths, Ms. Anderl advised that some of the internal roadways are collector roads within the subdivision. Discussions are taking place with the utilities to determine if the roadways can be narrowed, and there is a high level of co-operation in this regard. With respect to questions about the commemoration of Plains Road, Ms. Anderl advised that the City is requesting 0.35 ha. of land for the roadway in addition to the standard parkland dedication. Mayor Zehr stated that the reasonableness of the amount of land and how it will be commemorated must be considered. 7. DTS-09-098 - NO STOPPING -MARLBOROUGH AVENUE The Committee considered Development and Technical Services Department report DTS-09- 098, dated June 10, 2009, recommending a change in the hours of the day when stopping is prohibited on portions of Marlborough Avenue. On motion by Councillor J. Gazzola - itwas resolved: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 10, 2009 - 96 - CITY OF KITCHENER 7. DTS-09-098 - NO STOPPING -MARLBOROUGH AVENUE (CONT'D) "That the existing No Stopping Monday to Friday 8:00 a.m. to 9:00 a. m., 11:30 a. m. to 1:30 p. m. and 3:30 p. m. to 4:30 p. m. area on both sides of Marlborough Avenue from North Avenue to the entrance to J.F. Carmichael Public School be amended to No Stopping Monday to Friday 8:00 a. m. to 4:30 p. m.; and further, That the Uniform Traffic By-law be amended accordingly." 8. DTS-09-108 - ON-STREET PARKING -MANSION STREET The Committee considered Development and Technical Services Department report DTS-09- 108, dated July 10, 2009, recommending a parking prohibition on portions of Mansion Street from January 1 to March 31 each year. On motion by Councillor J. Gazzola - itwas resolved: "That on-street parking be prohibited from January 1st to March 31st of each year on the east side of Mansion Street from a point 77 metres north of Ellen Street East to Lancaster Street East; and further, That the Uniform Traffic By-law be amended accordingly." 9. DTS-09-107 -ELECTRICITY AGENCY RETAINER AGREEMENT The Committee considered Development and Technical Services Department report DTS-09- 107, dated July 3, 2009, recommending an extension of the existing Electricity Agency Retainer Agreement with ECNG Energy L. P., and authorizing the Director of Transportation Planning to execute 1 year renewals of this agreement subsequent to 2010. In response to questions from Councillor Gazzola, Mr. McBride advised that the City used to purchase electricity for street lighting at a fixed rate. However, by purchasing electricity on the spot market, the City can purchase electricity for street lighting at much lower rates. On motion by Councillor J. Gazzola - itwas resolved: "That the Mayor and City Clerk be authorized to execute an amending agreement to extend its existing Electricity Agency Retainer Agreement with ECNG Energy L. P. until Dec 31, 2010, on terms satisfactory to the City Solicitor; and further, That in subsequent years, the Director of Transportation Planning be authorized to execute one year renewals of the Electricity Agency Retainer Agreement with ECNG Energy L. P., on terms satisfactory to the City Solicitor." 10. DTS-09-109 - KINGSWOOD DRIVE TRAFFIC CALMING -ONE YEAR REVIEW The Committee considered Development and Technical Services Department report DTS-09- 109, dated July 10, 2009, outlining the one year review of traffic calming measures on Kingswood Drive, between Strasburg Road and Block Line Road, and recommending continuation of these measures. At the request of Councillor Gazzola, Mr. McBride reviewed the traffic calming measures, advising that Kingswood Drive is one of the first streets where the City undertook major traffic calming initiatives. He advised that there has been a drastic reduction in speed and volumes of traffic and there is good community support for these measures. On motion by Councillor J. Gazzola - itwas resolved: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 10, 2009 - 97 - CITY OF KITCHENER 10. DTS-09-109 - KINGSWOOD DRIVE TRAFFIC CALMING -ONE YEAR REVIEW (CONT'D) "That the existing traffic calming measures on Kingswood Drive, consisting of six (6) speed humps and two (2) raised crosswalks from Strasburg Road to Block Line Road, remain in place." 11. DTS-09-111 -AGREEMENT -DECORATIVE LIGHTING ON REGIONAL ROADS The Committee considered Development and Technical Services Department report DTS-09- 111, dated July 10, 2009, recommending an agreement with the Region of Waterloo, respecting installation, maintenance and operation of decorative street lighting on Regional roads in the City of Kitchener. On motion by Councillor J. Gazzola - itwas resolved: "That the City enter into an agreement with the Regional Municipality of Waterloo with respect to the installation, maintenance and operation of decorative street lights on Regional roads, and that the Mayor and Clerk be authorized to execute such agreement subject to the satisfaction of the City Solicitor." 12. DTS-09-112 -REGIONAL ENCROACHMENT AGREEMENT - CHARLES & BENTON STREET GARAGE The Committee considered Development and Technical Services Department report DTS-09- 112, dated July 13, 2009, recommending an agreement with the Region of Waterloo for shoring, public art and banners on the Charles street fapade of the Charles & Benton parking garage, which will encroach into the Charles Street right-of-way. On motion by Councillor J. Gazzola - itwas resolved: "That the City enter into an encroachment agreement with the Regional Municipality of Waterloo with respect to the installation of shoring, public art and banners related to the Charles & Benton Parking Garage, and that the Mayor and Clerk be authorized to execute such agreement subject to the satisfaction of the City Solicitor." 13. DTS-09-120 -TEMPORARY OCCUPANCY REQUEST - 1334 KING STREET EAST The Committee considered Development and Technical Services Department report DTS-09- 120, dated July 27, 2009, recommending Temporary Occupancy of 1334 King Street East, for retail use. On motion by Councillor J. Gazzola - itwas resolved: "That enforcement of the City's Zoning By-law be waived with respect to a retail use within a building existing on August 10, 2009, at 1334 King Street East and temporary occupancy be approved subject to the retail use vacating the location in the event the City-initiated Zone Change (ZC09/08/COK/HH) to permit retail uses on the subject lands is not approved; and further, That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of final disposition of this application." 14. DTS-09-114 -LOCAL ENVIRONMENTAL ACTION FUND - AUTHORITY TO EXECUTE AGREEMENTS WITH GRANTEES The Committee considered Development and Technical Services Department report DTS-09- 114, dated August 5, 2009, recommending that the recommending that authorization be given so that the City may enter into agreements with the grantees for LEAF funding. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES AUGUST 10, 2009 - 98 - CITY OF KITCHENER 14. DTS-09-114 -LOCAL ENVIRONMENTAL ACTION FUND - AUTHORITY TO EXECUTE AGREEMENTS WITH GRANTEES (CONT'D) Councillor Gazzola questioned what requirements are imposed on grantees to account for the money they have received from the City. Mr. Willmer advised that reporting requirements are built into the agreements and advised that he will provide Councilor Gazzola with specific details in this regard prior to the August 24, 2009 Council meeting. On motion by Councillor J. Gazzola - itwas resolved: "That the Mayor and Clerk be authorized to execute the 2009 Local Environmental Action Fund (LEAF) legal agreements with the organizations granted monies from LEAF, all such legal agreements to be subject to the satisfaction of the City Solicitor." 15. ADJOURNMENT On motion, the meeting adjourned at 3:38 p. m. U. vilchnst Committee Administrator