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HomeMy WebLinkAboutDev & Tech Svcs - 2009-09-14 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 14, 2009 CITY OF KITCHENER The Development and Technical Services Committee met this date, commencing at 6:21 p.m. Present: Councillor C. Weylie - Chair Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, J. Gazzola and K. Galloway Staff: P. Houston, General Manager, Community Services J. Willmer, Interim General Manager, Financial Services R. Regier, Executive Director, Economic Development T. Beckett, Fire Chief J. Witmer, Director of Operations J. McBride, Director, Transportation Planning M. Seiling, Director of Building S. Turner, Director of Enforcement A. Pinard, Interim Director of Planning L. MacDonald, Director, Legal Services/City Solicitor G. Murphy, Director, Engineering Services B. Korah, Manager, Development Engineering D. Ross, Manager, Development Review K. Anderl, Senior Planner S. Daniel, Engineering Technologist C. Goodeve, Committee Administrator 1. DTS-09-122 - ALL WAY STOP - PERTH ROAD AT SOUTH DRIVE AND PLEASANT AVENUE The Committee considered Development and Technical Services Department report DTS-09- 122, dated August 7, 2009 recommending the installation of all-way stops at the intersection of Perth Road and South Drive as well as the intersection of Perth Road and Pleasant Avenue. On motion by Councillor B. Vrbanovic - it was resolved: “That an all-way stop be installed at the intersection of Perth Road and South Drive; and, That an all-way stop be installed at the intersection of Perth Road and Pleasant Avenue; and further, That the Uniform Traffic Control By-law be amended accordingly.” 2.DTS-09-123 - TRAFFIC CALMING - LAURENTIAN DRIVE The Committee considered Development and Technical Services Department report DTS-09- 123, dated August 5, 2009, recommending proposed traffic calming measures to be installed on Laurentian Drive between Block Line Road and Westmount Road. On motion by Councillor B. Vrbanovic - it was resolved: “That five (5) speed humps and two (2) raised crosswalks be installed on Laurentian Drive between Block Line Road and Westmount Road.” 3. DTS-09-134 - CITY OF CAMBRIDGE - PROVISION FOR SANITARY SERVICING - CONESTOGA COLLEGE SOUTH CAMPUS - BLAIR BUSINESS PARK The Committee considered Development and Technical Services Department report DTS-09- 134, dated September 7, 2009, regarding the completion of the Conestoga College South Campus and Blair Business Park Sanitary Sewer Servicing Schedule “B” Class Environmental Assessment (EA) Study. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 14, 2009 - 100 - CITY OF KITCHENER 3. DTS-09-134 - CITY OF CAMBRIDGE - PROVISION FOR SANITARY SERVICING - CONESTOGA COLLEGE SOUTH CAMPUS - BLAIR BUSINESS PARK (CONT’D) Mr. Angelo Innocente, MTE Consultants Inc., gave a presentation advising that the City of Cambridge has completed a Class Environmental Assessment study to identify the preferred means of providing sanitary service for Conestoga College’s South Campus and the Blair Business Park to the Kitchener Wastewater Treatment Plant; including a location for a new sewage pumping station in the City of Cambridge, and the preferred route for a sewage outlet from this new pumping station to the Treatment Plant. He reviewed the options that were considered as part of the EA, recommending the preferred alternative, as shown on Figure 12.0 attached to report DTS-09-134. He advised that pending endorsement by the City of Kitchener, the City of Cambridge will complete its final review and approval. Following this the EA Document will be filed with the Ontario Ministry of the Environment for the mandatory 30 day review period. In response to questions, Mr. Innocente advised that along Old Mill Road the forcemain would be located within the roadway, which would result in road restorations. This also presents an opportunity for the City to resurface the whole road. He stated that the residents who attended the Public Information Centres were generally supportive of the proposed alignment even though they will be inconvenienced; however, given the shallow depth, this section of the forcemain should be installed in approximately 2-3 weeks. He advised that all area pumping stations were examined during the EA process; however, given their existing capacities none were identified as being viable alternatives. On motion by Councillor J. Gazzola - it was resolved: “That the Conestoga College South Campus and Blair Business Park Sanitary Servicing Class Environmental Assessment Study Report prepared by MTE Consultants Inc., dated August 2009, be endorsed; and further, That staff be directed to prepare a cross border servicing agreement with the City of Cambridge to outline: operational and maintenance requirements, easement requirements and the sewage rate charge for the flows being conveyed to and treated at the Kitchener Wastewater Treatment Plant.” 4. DTS-09-137 - DOON SOUTH PUMPING STATION - FORCEMAIN ENVIRONMENTAL ASSESSMENT The Committee considered Development and Technical Services Department report DTS-09- 137, dated September 2, 2009, recommending that the Doon South Sanitary Pumping Station and Forcemain Environmental Study Report (ESR), dated September 2009, be filed with the Ontario Ministry of the Environment for the mandatory 30 day review period. Mr. Duncaun McLeod, Aecom Canada Ltd. presented the report and advised that the 2004 and 2009 Development Charges background studies identify a need to establish new sanitary sewer pumping station, trunk sewermains and forcemains to provide wastewater servicing for the Doon South Community Plan area. He reviewed the various alternatives that were considered, recommending Alternative 4-1 Option B, as shown on Figure 5.6 attached to report DTS-09-137. He outlined that a phased approach will be used to implement the preferred alternative, with installation and timing of the intermediate and long-term solutions being dependant on the rate of development. It was noted that included as part of the upgrades planned for the Homer Watson Pumping Station is the addition of a one hour emergency storage tank. This one hour storage provides additional response time to resolve an issue and reduce the potential for any spill or environmental impact. He pointed out that meetings have been held with the Grand River Conservation Authority (GRCA) to discuss the location of storage tank and means of mitigating its impact on the flood plain. He estimated the total cost of this project at $21.7M. Ms. Kim Huxted addressed the Committee noting that she sent comments into the City regarding the ESR, but they were not acknowledged. She expressed concerns regarding the DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 14, 2009 - 101 - CITY OF KITCHENER 4. DTS-09-137 - DOON SOUTH PUMPING STATION - FORCEMAIN ENVIRONMENTAL ASSESSMENT (CONT’D) potential impact that this construction may have on Blair Creek. She advised that while she acknowledges the benefits of the proposed emergency storage tank, she has concerns regarding its location and the measures that are going to be put in place to minimize the impact of its installation. Mr. G. Murphy advised that staff would be happy to meet with Ms. Huxted and go over her concerns. He noted that several of the issues she raised would be addressed during the detailed design phase. Mr. Paul Britton, MHBC Planning, addressed the Committee in support of the recommendation contained in report DTS-09-137. On motion by Councillor K. Galloway - it was resolved: “That the Doon South Sanitary Pumping Station and Forcemain Environmental Study Report (ESR) prepared by Aecom Canada Ltd., dated September 2009, be received; and further, That the Doon South Sanitary Pumping Station and Forcemain Environmental Study Report (ESR) be filed with the Ontario Ministry of the Environment for the mandatory thirty (30) day review period as required by the Environmental Assessment Act.” The Committee recessed at 7:00 p.m. and reconvened at 7:34 p.m. with the following members present: Mayor C. Zehr and Councillors C. Weylie, J. Gazzola, J. Smola, K. Galloway and B. Vrbanovic. 5. DTS-09-110 - ZONE CHANGE APPLICATION ZC 09/03/A/AP - 21 AHRENS STREET WEST - GERRY & SUSAN REMERS The Committee considered Development and Technical Services Department report DTS-09- 110, dated August 12, 2009, recommending Zone Change Application ZC09/03/A/AP to change the zoning of 21 Ahrens Street West from Residential Five Zone (R-5) with Special Regulation Provision 266R, Temporary Use Provision 4T, and Special Use Provision 127U to Residential Five Zone (R-5) with Special Use Provision 127U and Special Use Provision 389U. Ms. D. Ross reviewed the report. Mr. Gerry Remers was in attendance in support of the proposed Zone Change Application. On motion by Councillor J. Smola - it was resolved : “That Zone Change Application ZC09/03/A/AP (21 Ahrens Street West, Gerry and Susan Remers) for the purpose of changing the zoning from Residential Five Zone (R- 5) with Special Regulation Provision 266R, Temporary Use Provision 4T, and Special Use Provision 127U to Residential Five Zone (R-5) with Special Use Provision 127U and Special Use Provision 389U on lands legally described as Part Lot 5, Plan 401, in the City of Kitchener, be approved in the form shown in the “Proposed By-law” dated August 12, 2009, attached to Development and Technical Services Department report DTS-09-110.” 6. DTS-09-117 - DEMOLITION CONTROL APPLICATION DC 09/05/K/GS - 750-760 KING STREET WEST - RINO DAL BELLO (118042 ONTARIO LTD.) The Committee considered Development and Technical Services Department report DTS-09- 117, dated August 18, 2009, recommending the demolition of a single detached dwelling located at 750-760 King Street West. Ms. D. Ross reviewed the report. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 14, 2009 - 102 - CITY OF KITCHENER 6. DTS-09-117 - DEMOLITION CONTROL APPLICATION DC 09/05/K/GS - 750-760 KING STREET WEST - RINO DAL BELLO (118042 ONTARIO LTD.) (CONT’D) On motion by Mayor C. Zehr - it was resolved: “That Demolition Control Application DC09/05/K/GS requesting permission to demolish one (1) single detached dwelling located at 750-760 King Street West (33 Linwood Avenue), owned by 118042 Ontario Limited, legally described as PLAN 413 LTS 16, 17 PT LTS 18 19, 21 TRACT GERMAN CO SUBD OF LT 15 PT LTS 13, 14 & 29 PT LINWOOD AVE, be approved without conditions.” 7.DTS-09-124 - TRAFFIC CALMING - MORGAN AVENUE The Committee considered Development and Technical Services Department report DTS-09- 124, dated August 24, 2009, recommending proposed traffic calming measures to be installed on Morgan Avenue between River Road and Fairway Road. Mr. J. McBride reviewed the report and advised that the Morgan Avenue traffic calming study did not met the minimum required community support as outlined in the City of Kitchener Traffic Calming policy. However, a significant portion of the residents in this area live in higher density rental properties, where turnover is typically much greater and residents tend to take less “ownership” of the municipal issues in their neighbourhood. Additionally, this area is populated with a great number of residents new to Canada, where English may not be the first language spoken. As a result, staff are of the opinion that this low response rate is not necessarily indicative of the lack of interest by the residents. He stated that the measures recommended for Morgan Avenue can be considered good traffic engineering in that they address the concerns regarding reducing speeds, non residential traffic on Morgan Avenue and pedestrian safety. In response to questions regarding the number of proposed traffic calming measures, Mr. McBride advised that studies have indicated that these measures are most effective in ensuring that people maintain the proper speed when spaced at 150 meters. Accordingly, due to the length of Morgan Avenue, seven traffic calming measures are needed in order to meet the recommended spacing. It was noted that the staff report indicates this as impacting Ward 4, and should be corrected to Ward 2. On motion by Councillor B. Vrbanovic - it was resolved: “That five (5) speed humps and two (2) raised crosswalks be installed on Morgan Avenue between River Road and Fairway Road.” 8. DTS-09-132 - OFFICIAL PLAN AMENDMENT OP 09/02/COK/HH - ZONE CHANGE APPLICATION ZC 09/02/COK/HH - KING STREET WEST MIXED USE CORRIDOR The Committee was in receipt this date of a revised version of Development and Technical Services Department report DTS-09-132, recommending a City-initiated Official Plan Amendment and a corresponding amendment to the City’s Zoning By-law to implement the King Street West Mixed Use Corridor. Ms. H. Holbrook presented the report and advised that as a result of minor revisions to the proposed Zoning By-law, pertaining to Section 37 dealing with proposed Special Use Provision 394U, the recommendation contained in the previous version of report DTS-09-132 has been amended to reference the revised By-law dated September 4, 2009. Ms. Carly Lounsbury, Ratz-Bechtel Funeral Home & Cremation Centre, advised that the owners of the Ratz-Bechtel Funeral Home are concerned that as a result of the new zoning DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 14, 2009 - 103 - CITY OF KITCHENER 8. DTS-09-132 - OFFICIAL PLAN AMENDMENT OP 09/02/COK/HH - ZONE CHANGE APPLICATION ZC 09/02/COK/HH - KING STREET WEST MIXED USE CORRIDOR (CONT’D) being enacted through the implementation of the Mixed Use Corridor, their property will have a legal non-conforming status. She noted that the funeral home has been operating on this site for approximately 60 years and this new status could restrict the use of their property. Ms. Lounsbury expressed an interest in meeting with staff to discuss the possibility of a special use provision to recognize unique site-specific circumstances to apply requirements or permissions specific to the individual site. She noted that the owners of the funeral home are also investigating the implications that the Section 56H holding provision may have on their property. Regarding Section 56H, Ms. Holbrook advised that there are a number of properties within the King Street West Mixed Use Corridor where there is either known or potential contamination from former uses onsite or nearby. Accordingly, those lands are recommended to be rezoned with a holding provision. She clarified that a holding provision is a safeguard for future use of those properties and before it can be lifted, the City and the Region of Waterloo needs to receive a letter of acknowledgment from the Ontario Ministry of the Environment advising that a Record of Site Condition has been completed in accordance with the guidelines for the decommissioning and clean-up a site in Ontario. She noted that Section 56H does not restrict the use of the subject property as a funeral home. Ms. Holbrook advised that staff would be happy to meet with Ms. Lounsbury to discuss the requested special use provision, estimating that staff should be able to report back on this by the September 21, 2009 Council meeting. On motion, Mayor C. Zehr brought forward for consideration the recommendation contained in the revised version of report DTS-09-132 circulated this date. He then spoke in support of implementing the King Street West Mixed Use Corridor, noting its capacity to facilitate transit- supportive intensification. On motion by Mayor C. Zehr - it was resolved : “That City-initiated Official Plan Amendment OP 09/02/COK/HH being an amendment to modify the K-W Hospital Secondary Plan and Map 5 Land Use Plan, be approved, in the form shown in the “Proposed Official Plan Amendment” dated August 11, 2009 attached as Appendix ‘A’ to Development and Technical Services Department report DTS-09-132; and further, That City-initiated Zone Change Application ZC 09/02/COK/HH being an amendment to Appendices 39, 74, 75 and 84 of Appendix A, sections 135-137, 161, 203, 206 and 307, 394 of Appendix C, sections 131, 158, 302, 497-501 and 504 of Appendix D and section 6, 7 and 56 of Appendix F of By-Law Number 85-1 as they pertain to the King Street West Mixed Use Corridor for the purpose of changing the zoning from various zone classifications to Mixed-Use Corridor MU-2 and MU-3 zones with and without site- specific special provisions applying to these lands, be approved, in the form shown in the “Proposed By-Law” dated September 4, 2009 attached as Appendix ‘B’ to report DTS-09-132.” 9.PRESENTATION - CONCERNS REGARDING A NEIGHBOURING TIRE & AUTOMOTIVE FACILITY - RESIDENTS OF HIGHBROOK STREET Messrs. Chris Maciak, Boleslaw Czernwecan and Tom Platt addressed the Committee and presented concerns arising from the construction of an automotive repair and emission testing facility located immediately behind their properties on Highbrook Street. It was noted that when the automotive facility is running they are unable to use their backyards due to the sounds and smells emanating from it. In addition, the vibration from the use of air-power tools can be felt inside their homes. Further concerns were expressed regarding the proposed car and truck emissions testing centre, which will operate next to the automotive repair facility. Mr. Maciak pointed out that he used to perform emission tests, stating that for one of those tests a chemical is added to a vehicle’s engine which then needs to run for approximately 30 minutes. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 14, 2009 - 104 - CITY OF KITCHENER 9.PRESENTATION - CONCERNS REGARDING A NEIGHBOURING TIRE & AUTOMOTIVE FACILITY - RESIDENTS OF HIGHBROOK STREET (CONT’D) He noted that the only viable location that the testing facility will have to put these vehicles during that time will be adjacent to their rear-yards. He then questioned the impact that the emission testing centre could have on their local air quality. Councillor K. Galloway reviewed the history of this matter for the Committee, advising that the zoning for the subject property does permit the operation of an automotive repair and emission testing facility. She stated that the automotive facility was opened this past spring and needs to have its bay doors open to circulate air through the shop. She outlined that discussions have been held with all parties in an attempt to work toward a solution and an agreement was reached with the developer to construct a noise barrier between the automotive repair and emission testing facility and the neighbouring residents. She added that further discussions will be taking place with the developer to examine possible measures that may be enacted to mitigate the impact of the emissions testing centre. Mr. Platt stated that when the automotive repair facility was being constructed some residents receive a letter indicating that only two representatives from the local community were invited to observe the planning process. He expressed disappointment with the limited amount of public consultation and noted that he would have preferred to have been given a greater opportunity to express his concerns prior to construction. Mr. J. Willmer clarified that when a planning matter, such as a zone change is proposed a public meeting is held at which time an opportunity is afforded to the applicant and any other interested parties to make verbal and/or written submissions; however, in this instance this particular land use designation was applied to the subject property in 1994, while the subdivision plan was put in place in the late 1990s. He commented that the correspondence referred to by Mr. Platt relates to a Site Plan Review Committee meeting, noting that Kitchener is one of only a few municipalities to include the public in this process. He added that once a property’s zoning has been put in place, the only legislative means by which to address the concerns expressed by the residents of Highbrook Street is through site plan control. He stated that working through the site plan process staff will endeavour to have the orientation of the emissions testing centre adjusted to minimize its impact on the neighbouring residents. Councillor Galloway advised that she will continue to work with the developer and business owners to find a solution to this matter. She noted that she will be meeting with the area residents on September 16, 2009 and will hopefully have some additional answers for them at that time. She requested that staff examine the permitted uses provided for by the subject property’s zoning and to report back with information as to how this kind of a situation could be mitigated in the future. 10. DTS-09-133 - 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 SUBDIVISION ENDORSEMENT OF CONDITIONS The Committee considered Development and Technical Services Department report DTS-09- 133, dated September 9, 2009, seeking endorsement of Official Plan Amendment OP07/14/H/KA, Zoning By-law Amendment ZC07/26/H/KA and proposed conditions of draft approval for Subdivision 30T-07205, as well as direction to proceed to the Ontario Municipal Board (OMB). In addition, the Committee was in receipt this date of a revised version of the draft Zoning By-law Amendment ZC07/26/H/KA. Ms. K. Anderl reviewed the report and advised that as these applications have been appealed to the OMB, they are being brought forward for endorsement only. She noted that the final decision on these matters will be made by the Board. She stated that the revised Zoning By- law Amendment circulated this date would allow for greater density and more uses on the site, by changing the originally proposed zoning from Neighbourhood Institutional Zone (I-1) and re- designating it as Community Institutional Zone (I-2). Ms. Anderl indicated that there are a small number of outstanding issues which still need to be refined, but are anticipated to be DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 14, 2009 - 105 - CITY OF KITCHENER 10. DTS-09-133 - 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 SUBDIVISION ENDORSEMENT OF CONDITIONS (CONT’D) resolved within the next few days. She pointed out that clause four of the staff recommendation proposes that Council should not consider any of the recommendations contained in report DTS-09-133 until it has received a report from staff with respect to an Offer to Purchase that portion of Plains Road contemplated to be closed as a result of an approval of Draft Plan 30T-07205. At the suggestion of Mayor C. Zehr, Ms. Anderl agreed that consideration of the staff recommendation in its entirety could be deferred and referred to the September 21, 2009 Council meeting, to allow staff to report back on the anticipated resolution of the remaining outstanding issues related to the conditions of approval. Mr. Chris Pidgeon, GSP Group Inc., presented an overview of the Becker Estates Subdivision and the preservation of heritage resources; particularly highlighting the commemoration of Plains Road. He stated that Plains Road would be commemorated along its current diagonal alignment via a series of parks, parkettes and the location of commemorative elements within the former road right-of-way. He noted that this approach would allow the public to experience the road and learn about its antiquity and importance in building the community. He then outlined the following issues which still need to be resolved: 1. Condition 6.23 - costs to upgrade Plains Road; 2. Condition 6.28 - costs of alternative road cross-sections; 3. Condition 32 - sanitary servicing; 4. Waterloo Catholic District School Board Condition; and, 5. Regional Municipality of Waterloo Conditions. Mr. Pidgeon advised that negotiations with the School Board and the Region are on-going and a resolution is anticipate in the near future. He commented on the considerable amount of dialogue that has occurred with City staff to address the outstanding issues and estimated that they should be resolved prior to the September 21, 2009 Council meeting. On motion by Councillor J. Gazzola - it was resolved: be deferred an referred to the “That consideration of the following recommendation September 21, 2009 Council meeting , to allow staff to report on the anticipated resolution of the remaining outstanding issues related to the conditions of approval: ‘That Zoning By-law Amendment ZC07/26/H/KA, as circulated at the September 14, 2009 Development and Technical Services Committee meeting, as well as Official Plan Amendment OP07/14/H/KA and proposed conditions of draft approval for Subdivision 30T-07205, as attached to Development and Technical Services report DTS-09-133, be endorsed in principle; and, That staff appear on behalf of the City of Kitchener at the forthcoming Ontario Municipal Board hearing with respect to the appeals of the above noted planning applications; and, That the Director of Engineering Services and the Director of Planning may approve minor revisions to the text of the draft conditions as required as a result of the resolution of the Ontario Municipal Board appeals; and further, That the recommendations contained in report DTS-09-133 not proceed to Council until such time as Council has received a report from staff with respect to an Offer to Purchase that portion of Plains Road contemplated to be closed as a result of an approval of Draft Plan 30T-07205.’” DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES SEPTEMBER 14, 2009 - 106 - CITY OF KITCHENER 11.ADJOURNMENT On motion, the meeting adjourned at 8:48 p.m. C. Goodeve Committee Administrator