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HomeMy WebLinkAboutDev & Tech Svcs - 2009-11-16DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 16, 2009 CITY OF KITCHENER The Development and Technical Services Committee met this date, commencing at 7:03 p.m. Present: Councillor C. vveylie -Chair Mayor C. Zehr and Councillors G. Lorentz, B. Vrbanovic, J. Gazzola and J. Smola. Staff: J. Uvillmer, Interim General Manager, Development and Technical Services P. Houston, General Manager, Community Services J. McBride, Director, Transportation Planning G. Murphy, Director, Engineering Services A. Pinard, Interim Director of Planning M . Selling, Director of Building L. MacDonald, Director of Legal Services D. Ross, Manager, Development Review L. Bensason, Manager, Long Range Planning B. Sloan, Senior Project Manager, Official Planning G. Mann, Deputy Fire Chief S. Bassanese, Urban Designer P. vvetherup, Parks Planner A. Pinnell, Planner C. Goodeve, Committee Administrator 1. CRPS-09-141 -ENVIRONMENTAL COMMITTEE RECOMMENDATION - 2009 COMMUNITY ENVIRONMENTAL IMPROVEMENT GRANT RECIPIENTS The Committee considered Corporate Services Department report CRPS-09-141, dated October 15, 2009 regarding the Environmental Committee's recommendation for the 2009 Community Environmental Improvement Grant (CEIG) recipients. On motion by Councillor J. Smola - itwas resolved: "That the 2009 Community Environmental Improvement Grant (CEIG), to be funded from the Environmental Stewardship Capital Account, be awarded as follows: $2,000. to Courtland Shelley Community Centre -Recycle Project; $2,800. to Kitchener-vvaterloo Collegiate & Vocational School -Park Restoration; $2,800. to The Green Rocket -Local: Kitchener; and, $3,000. to Queen Elizabeth Public School -Outdoor Learning Environment; and further, That the remaining $1,000. of the 2009 CEIG funds be used to assist with costs relating to the development of commemorative signage to be installed as part of the outdoor projects, identifying the City of Kitchener's contribution through the Community Environmental Improvement Grant." 2. DTS-09-163 - BELMONT AVENUE WEST - RIGHT TURN ONLY LANE TRANSITVEHICLE EXEMPTION The Committee considered Development and Technical Services Department report DTS-09- 163, dated October 27, 2009 regarding a transit vehicle exemption for the right turn only lane on Belmont Avenue at Glasgow Street. On motion by Councillor J. Smola - itwas resolved: "That the westbound "right turn lane only" regulation on Belmont Avenue at Glasgow Street be exempted to transit vehicles; and further, That the Uniform Traffic By-law be amended accordingly. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 16, 2009 -120 - CITY OF KITCHENER 3. DTS-09-165 - ON-STREET PARKING REGULATIONS -HERITAGE DRIVE The Committee considered Development and Technical Services Department report DTS-09- 165, dated November 10, 2009 regarding on-street parking regulations for Heritage Drive. On motion by Councillor J. Smola - itwas resolved: "That on-street parking be prohibited at anytime on the south side of Heritage Drive between Lorraine Avenue and Indian Road; and, That on-street parking be permitted for three (3} consecutive hours on the north side of Heritage Drive between Lorraine Avenue and Indian Road; and, That stopping be prohibited Monday to Friday between the hours of 8:00 a.m. to 4:30 p.m. on the north side of Heritage Drive between Indian Road and the easterly intersection of Oakhurst Crescent; and further, That the Uniform Traffic By-law be amended accordingly." 4. DTS-09-172 - SPRINGDALE SANITARY SEWER -EASEMENT REQUIREMENT The Committee considered Development and Technical Services Department report DTS-09- 172, dated November 10, 2009 regarding an easement agreement with property owners on Springdale Drive and Lang Crescent to facilitate the installation of the Springdale Sanitary Sewer. On motion by Councillor J. Smola - itwas resolved: "That the Mayor and Clerk be authorized to execute the necessary documentation to effect the acquisition of a 6.0 metre wide easement across 36 Springdale Drive and 68 Lang Crescent, for the construction of the Springdale Sanitary Sewer, at a purchase price not to exceed $26,700. plus the cost of the reference plan and all the incidental costs associated with the transaction, with said easement to be described on the reference plan." 5. DTS-09-142 -ZONE CHANGE APPLICATION ZC081321RIAP - 5 RITTENHOUSE ROAD The Committee considered Development and Technical Services Department report DTS-09- 142, dated October 16, 2009 regarding a proposed change to the zoning of 5 Rittenhouse Road to facilitate the development of an anticipated eight-storey, 63 unit apartment building. In addition, the Committee was in receipt this date of a presentation entitled "Zone Change Application ZC08/32/R/AP, Tuerr Holdings Inc. - 5 Rittenhouse Road" prepared by MHBC Planning Ltd. Mr. A. Pinnell reviewed the report and advised that the application proposes to change the zoning of 5 Rittenhouse Road from Community Shopping Centre Zone (C-3) to Residential Nine Zone (R-9) with a Special Regulation Provision and a Holding Provision. He stated that the property is a designated Mixed Use Node and was used as a gas station until earlier this year when all structures on the site were demolished in preparation for this re-development. He outlined that the applicant has prepared asite-specific Urban Design Brief to serve as an analytical tool in establishing customized zoning for the subject property and to guide future site development. The resultant Special Regulation Provision aims to address compatibility between the potential development of the lands and surrounding properties, and to ensure conformity with the Mixed Use Node Official Plan designation. He noted that although the developer anticipates the construction of an eight-storey, 63-unit apartment building a number of factors could necessitate changes to that proposal. In this regard, flexibility to accommodate a range of development scenarios is reflected in the proposed zoning by-law amendment and associated Urban Design Brief. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 16.2009 -121 - CITY OF KITCHENER 5. DTS-09-142 -ZONE CHANGE APPLICATION ZC081321RIAP - 5 RITTENHOUSE ROAD (CONT'D) Mr. Pinnell advised that preliminary circulation of the zone change was undertaken on January 13, 2009 to all property owners within 120 metres of the subject lands and a neighbourhood meeting was held on June 23, 2009. He stated that the concerns raised by the community were grouped into the following themes: increased traffic and noise; lack of parking; infringement on privacy; the shadows cast on surrounding properties; increased volume of people; and, fear of reduced property values. He then reviewed the consolidated community concerns and staff responses, as outlined in Report DTS-09-142. Mr. Pinnell noted that the proposed Special Regulation Provision was developed partly in response to the concerns raised through the property owner circulation and neighbourhood meeting. Messrs. Scott Ritchie and Paul Britton, MHBC Planning Ltd. were in attendance in support of the recommendation contained in the staff report. Mr. Britton reviewed the circulated presentation highlighting the following: proposed building height ratio; landscaping; massing; and, shadow impact analysis. He requested that the proposed zone change be approved and that the proposed Urban Design Brief be adopted. In response to questions, Mr. Britton advised that the shadow impact study was completed in accordance with the City's guidelines to demonstrate the shadows which might be cast on the surrounding properties in two different build-out scenarios. He noted that although this study demonstrates that under both scenarios shadows would be cast on certain surrounding properties, the City's guidelines for shadow impacts would be satisfied. Mr. Joseph Bradshaw, area resident, addressed the Committee in opposition to the proposed zone change. He advised that in July 2009 he purchased a property on Brookfield Crescent which backs onto 5 Rittenhouse Road and expressed concerns regarding the impact that the proposed development might have on his home. He commented that he was only recently made aware of this proposal, noting that he would not have purchased his property if he had known about the proposed apartment building. Mr. Jordan Jamieson, area resident, also addressed the Committee in opposition to the proposed zone change. He expressed concerns regarding the impact that the proposed development may have on the re-sale value of his home and the potential for this development to lead to increased traffic congestion. He stated that he purchased his property on Brookfield Crescent in December 2008 and was not made aware of the potential for this development at that time. He commented that he attended the neighbourhood meeting, but was unsure if his comments were circulated with the staff report. Mr. Pinnell advised that all residents who provided written comments or who attended the neighbourhood meeting were mailed a copy of the report. He added that staff received many responses from neighbouring property owners all of which were appended to Report DTS-09- 142 along with department /agency comments. In response to questions, Mr. Jamieson stated that he thought that 5 Rittenhouse Road would continue to be a vacant lot, or might revert back to being a gas station. He acknowledged that he should have done more research on the surrounding area prior to purchasing his property. In response to the concerns raised regarding increased traffic, Mr. J. McBride advised that should the zone change application be approved and a site plan application be submitted, the City would require a Traffic Impact Study to examine the existing traffic conditions and the expected post-development traffic conditions. He commented that it is unlikely that there would be a significant increase in traffic further south on Rittenhouse Road or on Brookfield Crescent as these roads do not lead to destinations for residents of the subject property. He noted that destinations would likely be to the east or west of the site, which could be accessed from Block Line Road. Councillor J. Gazzola asked for clarification regarding the impact that the proposed development may have the property values in the area and was advised that Planning staff do not have the expertise to comment on real estate market conditions. Mr. Britton pointed out that the vacant property immediately to the east of 5 Rittenhouse Road and the Brookfield DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 16, 2009 -122 - CITY OF KITCHENER 5. DTS-09-142 -ZONE CHANGE APPLICATION ZC081321RIAP - 5 RITTENHOUSE ROAD (CONT'D) Crescent site to the south were zoned C-3 until 2005 when they were re-zoned to R-9 with a Special Regulation Provision allowing for a maximum building height of 49 metres, or 16 storeys. Accordingly, any impact on the property values in this area would have already been realized given the adjacent properties existing R-9 zoning. Mr. Pinnell noted that while no planning applications have been submitted for the adjacent property, there is a possibility that it might be developed sometime in the future. On motion by Councillor B. Vrbanovic - itwas resolved: "That Zone Change Application ZC08132/R/AP for 5 Rittenhouse Road (Tuerr Holdings Inc.), for the purpose of changing the zoning from Community Shopping Centre Zone (C-3) to Residential Nine Zone (R-9) with Special Regulation Provision 505R and Holding Provision 59H on the parcel of land specified and illustrated as the Subject Area on Map No. 1, in the City of Kitchener, be approved in the form shown in the "Proposed By-law" dated October 16, 2009, attached to Development and Technical Services Department report DTS-09-142 as Appendix "A", and further, That the Urban Design Brief, dated October 2009 prepared by MHBC Planning Ltd., for 5 Rittenhouse Road, attached to Report DTS-09-142 as Appendix "B", be adopted." 6. DELEGATION -FEE AND DEVELOPMENT CHARGES REDUCTION - EXEMPTION REQUEST The Committee was in receipt this date of a breakdown of the costs applicable to the Site Plan Application submitted for 116 Cameron Street North. Mr. David Bradshaw, applicant, reviewed the circulated cost breakdown and requested a reduction 1 exemption to the fees and charges associated with the conversion of the existing ground floor convenience store to a third dwelling unit at 116 Cameron Street North. He stated that in his opinion some of the costs he has been assessed seem unrelated to the adaption of the ground floor unit, such as: Development Charges, Parkland Dedication and Stormwater Management (SVVM} fees. In reference to the SWM fees, he noted that as part of this project he is required to reduce the number of parking spaces and add to the property's landscaping. He commented that with the asphalt being removed and the land being landscaped the property would have less of an impact on the City's SUVM infrastructure and yet he is being charged $1,987.50 in SWM fees. Mr. Bradshaw requested that the assessed fees and charges be waived to enable his project to be more economically feasible. Councillor G. Lorentz expressed concern that no background information regarding this matter was circulated with the meeting agenda. He requested clarification from Mr. Bradshaw as to whether he was seeking an exemption to fees and charges which are typically imposed on someone wishing to re-develop their property. Mr. Bradshaw advised that his proposal to adapt the existing ground floor convenience store was considered by the City's Committee of Adjustment in June 2009, and apologized for not circulating copies of that information to the Committee. He commented that he is not proposing any structural changes and rather is re- purposing the existing store into a residential unit. He stated that the fees associated with meeting the conditions set out by the Committee of Adjustment are making it economically impossible for him to move forward. Mr. A. Pinard advised that the subject property is considered legal non-conforming since convenience retail is not a permitted use in an R-4 Zone. He stated that staff and the Committee of Adjustment were of the opinion that the proposal to establish a legal non- conforming third dwelling unit in the existing building could be considered more compatible with the R-4 Zone than the existing legal non-conforming convenience retail store, provided additional development related conditions were met. As a result, Mr. Bradshaw was not required to obtain an Official Plan amendment or file a zone change application in order to proceed with his proposal. Mr. Pinard noted that staff have been supportive in trying to move this project forward and where possible have reduced or waived various fees. He stated that the remaining costs, estimated at $5,500., are prescribed by various Council policies and by- lawsand staff lack the discretion to waive these charges. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 16, 2009 -123 - CITY OF KITCHENER 6. DELEGATION -FEE AND DEVELOPMENT CHARGES REDUCTION - EXEMPTION REQUEST (CONT'D) A motion was brought forward by Councillor J. Gazzola to defer consideration of Mr. Bradshaw's request to the November 23, 2009 Council meeting. In addition, staff was directed to report back at that time with information regarding Mr. Bradshaw's application to the Committee of Adjustment, and any past circumstances where similar reductions 1 exemptions have been granted. On motion by Councillor J. Gazzola - itwas resolved: "That consideration of the request of David Bradshaw for a reduction 1 exemption to the fees and charges associated with the conversion of the existing ground floor convenience store to a third dwelling unit at 116 Cameron Street North, be deferred and referred to the November 23, 2009 Council meeting, pending the receipt of additional information from staff." 7. DTS-09-164 -STRATEGIC DISPOSITION OF CITY OWNED LANDS The Committee considered Development and Technical Services Department report DTS-09- 164, dated November 3, 2009 recommending that none of the identified Priority `B' or `C' properties be declared surplus to the City's needs. Mr. J. Willmer reviewed the report and advised that last spring a prioritized list of 14 City- owned lands were brought forward for consideration as being declared potentially surplus to the City's needs. He stated that in June 2009, after resolving not to declare 4 of the 5 Priority `A' properties as surplus, Council directed staff to report back regarding the remaining 9 Priority `B' and `C' properties. He outlined that if the City is to retain any or all of these parcels, consideration should be given to their future public use or improvement; andlor to re-zoning the properties, if necessary, to ensure an appealable public process if at any point in the future the City declares one of these properties to be surplus. Mr. Willmer reviewed the factsheets containing a summary of the issues pertaining to each of the Priority `B' and `C' properties, as attached to Report DTS-09-164. He outlined that based on the community response to the Priority `A' properties, and Council's decisions regarding those 5 properties, there is little or no merit to proceeding with surplus declaration on the Priority `B' or `C' properties. Ms. Ginny Quinn addressed the Committee in opposition to any of the subject lands being declared surplus to the City's needs. She thanked staff for the time they have spent helping her to understand this matter and requested that the City proceed with the necessary re-zoning and Official Plan amendments to effect the designation of the subject properties as parkland. She noted that this would further protect these properties and any subsequent changes proposed for these lands would have to proceed under the process prescribed by the Planning Act. Ms. Yvonne Fernandes spoke in support of the comments made by Ms. Quinn. She stated that while she was pleased to see that none of the subject properties were being proposed to be declared as surplus, in her opinion additional measures should be put in place to prevent these lands from being developed in the future. She requested that the City enact zone changes and Official Plan amendments so that these lands will be protected and remain as parkland in perpetuity. Mr. vVillmer advised that of the 9 `B' and `C' priority properties all but 2 have some kind of "P" zoning. The property located on General Drive, which is currently zoned C-2 is anticipated to be re-zoned as part of a Mixed Use Corridor. He noted that this property is currently being used as a temporary parkette with play facilities. The proposed re-zoning would allow it to be consolidated as part of a future mixed use re-development, with a permanent park to be provided at a more appropriate location. He advised that the other property located at South Drive and Glen Road is a remnant parcel of land leftover from when the subdivision was developed, and is zoned R-5. He commented that it is considered to be substandard as a building lot and the City has the responsibilities of any property owner including liability, as well as operating and maintenance costs. He stated that it is being proposed that this parcel be DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 16, 2009 -124 - CITY OF KITCHENER 7. DTS-09-164 -STRATEGIC DISPOSITION OF CITY OWNED LANDS (CONT'D) leased to the adjoining property owner for their use and maintenance. He advised that there are numerous instances throughout the City where a parcel of land is zoned as a park and has a residential designation in the Official Plan. He added that an Official Plan designation typically applies to an entire neighbourhood, noting that it would be inconsistent to arbitrarily amend the designations of the subject properties within the Official Plan. On motion by Councillor J. Gazzola, the staff recommendation contained in Report DTS-09- 164 concerning the disposition of certain City-owned lands was brought forward for consideration as modified to include a second paragraph to direct staff to prepare Official Plan amendments to effect the designation of the subject properties as parkland and enact any zone changes necessary to apply "P" zoning. Mayor C. Zehr requested that the motion be voted on in separate parts. He advised that while he supports the staff recommendation, the intent of the second paragraph would be inconsistent with the City's current practices. He stated that instead of identifying these select properties within the Official Plan, a more comprehensive process could be undertaken to identify all parkland across the City. He noted that consideration could be given to re-zoning the properties, if necessary, ensuring an appealable public process was in place which would be just as effective in protecting these properties as an Official Plan amendment. Paragraph 1 of Councillor Gazzola's motion was voted on and Carried and Paragraph 2 was voted on and Lost. On motion by Councillor J. Gazzola - itwas resolved: "That none of the City-owned lands listed as Priority `B' or `C' in Development and Technical Services Department report DTS-09-164 be declared as surplus to the City's needs." 8. DTS-09-169 -DEMOLITION CONTROL APPLICATION DC091131CIGS - 270 CLAREMONT AVENUE The Committee considered Development and Technical Services Department report DTS-09- 169, dated November 9, 2009 recommending the demolition of a single detached dwelling located at 270 Claremont Avenue. Ms. D. Ross reviewed the report. On motion by Councillor G. Lorentz - itwas resolved: "That Demolition Control Application DC09/13/C/GS requesting permission to demolish one (1) single detached residential building located at 270 Claremont Avenue, owned by Anne Marie and John Gerard Kraemer, legally described as Plan 872 Lot 17, be approved, subject to the following conditions: 1) That the owner obtains a building permit for the proposed single detached dwelling; and further, That upon satisfaction of condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: That in the event that construction of the new dwelling is not substantially complete within 2-years of the date of issuance of the demolition permit, the Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000. for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES NOVEMBER 16, 2009 -125 - CITY OF KITCHENER 9. DTS-09-170 -FIRE DEPARTMENT AERIAL APPARATUS PURCHASE The Committee considered Development and Technical Services Department report DTS-09- 170, dated October 28, 2009 concerning a request to waive the normal tendering process to allow for the purchase of a comparable stock aerial apparatus from apre-qualified dealer. Deputy Fire Chief G. Mann reviewed the report. Councillor J. Gazzola expressed concern with not following the standard tendering process. Deputy Fire Chief Mann stated that dealers occasionally stock or build demonstration apparatus that are exhibited at trade shows and are often sold at the end of the year to fire departments that require an apparatus with the same or similar specifications. He advised that if an apparatus can be located which meets the required specifications of the Fire Department, the benefits to the City would be: a reduced purchase price; cost avoidance of ladder testing and refurbishing Aerial 4524; increased resale value of Aerial 4524; and, cost avoidance of the engine upgrades required in 2010. Councillor B. Vrbanovic stated that a similar process was used in November 2008 to purchase an aerial ladder and resulted insignificant savings to the Corporation. On motion by Councillor B.Vrbanovic - itwas resolved: "That the tender process for the purchase of a custom built aerial apparatus, be waived to allow for the purchase of a comparable stock apparatus from apre-qualified dealer at a cost between $950, 000. to $1, 060, 000." 10. DTS-09-166 -COMMERCIAL ZONE REGULATION - 1170 FISCHER HALLMAN ROAD The Committee considered Development and Technical Services Department report DTS-09- 166, dated November 3, 2009 regarding a proposed review of the regulations in commercial zones adjacent to residential uses to determine if increased setbacks andlor specifications with respect to the location of windows and doors should be established in the zoning regulations. In addition, staff are also going to investigate restricting outdoor operations for uses such as automotive repair. It is estimated that the recommendations arising from these investigations would be brought forward for consideration in April 2010, which will allow time for consultation with affected businesses / landowners in the commercial zones. 11. ADJOURNMENT On motion, the meeting adjourned at 8:30 p.m. C. Goodeve Committee Administrator