Loading...
HomeMy WebLinkAboutDev & Tech Svcs - 2010-01-25DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JANUARY 25, 2010 CITY OF KITCHENER The Development and Technical Services Committee met this date, commencing at 6:33 p. m. Present: Councillor C. Weylie -Chair Mayor C. Zehr and Councillors G. Lorentz, B. Vrbanovic, K. Galloway, J. Smola and J. Gazzola Staff: J. Willmer, Interim General Manager, Development and Technical Services T. Beckett, Fire Chief G. Murphy, Director of Engineering J. McBride, Director, Transportation Planning M. Selling, Director of Building A. Pinard, Interim Director of Planning L. MacDonald, City Solicitor D. Ross, Manager, Development Review H. Holbrook, Planner D. Gilchrist, Committee Administrator DTS-10-009 -TEMPORARY OCCUPANCY REQUEST - 289 VICTORIA STREET NORTH The Committee considered Development and Technical Services Department report DTS-10- 009, dated January 11, 2010, recommending approval of the request to temporarily occupy 289 Victoria Street North for a retail use, pending final approval of a zoning amendment to implement the Mixed Use corridor policies. On motion by Councillor G. Lorentz - itwas resolved: "That enforcement of the City's Zoning By-law be waived with respect to a retail use within a building at 289 Victoria Street North, existing on January 25, 2010, and temporary occupancy be approved subject to the retail use vacating the location in the event the City-initiated Zone Change (ZC09/06/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." DTS-10-017 - ON-STREET PARKING -ROCK AVENUE The Committee considered Development and Technical Services Department report DTS-10- 017, dated January 4, 2010, recommending changes in on-street parking on both sides of Rock Avenue. On motion by Councillor G. Lorentz - itwas resolved: "That the existing 'No Parking Monday to Friday from 9:00 am and 6:00 pm' regulation be replaced with 'No Parking Anytime' on the east side of Rock Avenue from Belmont Lane to Earl Street; and, That the existing three (3) hour time limit on the west side of Rock Avenue from Belmont Lane to Earl Street be reduced to one (1) hour; and further, That the Uniform Traffic By-law be amended accordingly." DTS-10-018 - ON-STREET PARKING - GILDNER STREET The Committee considered Development and Technical Services Department report DTS-10- 018, dated January 4, 2010, recommending changes in on-street parking on both sides of Gildner Street. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JANUARY 25, 2010 - 3 - CITY OF KITCHENER DTS-10-018 - ON-STREET PARKING - GILDNER STREET (CONT'D1 On motion by Councillor G. Lorentz - itwas resolved: "That parking be prohibited at anytime on the west side of Gildner Street from a point 46 metres north of York Street to a point 17 metres north thereof; and, That parking be prohibited at anytime on the west side of Gildner Street from Park Street to a point 80 metres south of Park Street; and further, That the Uniform Traffic By-law be amended accordingly." DTS-10-028 -ACQUISITION HYDRO ONE LANDS - BLOCKLINE ROAD EXTENSION The Committee considered Development and Technical Services Department report DTS-10- 018, dated January 15, 2010, recommending acquisition of Hydro One lands for the Blockline Road extension. On motion by Councillor G. Lorentz - itwas resolved: "That the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale with Ontario Realty Corporation acting as agent on behalf of Her Majesty the Queen in right of Ontario as represented by The Minister of Energy and Infrastructure to acquire approximately 0.52 acres of land described as Parts 12, 13 and 14 on Reference Plan 58R-16139, to accommodate the extension of Block Line Road at a purchase price of $86,500.00 plus associated costs; and further, That the City Clerk be authorized to execute on behalf of the City the Statutory Declaration as provided by Ontario Realty Corporation acting as agent on behalf of Her Majesty the Queen in right of Ontario as represented by The Minister of Energy and Infrastructure; and further, That the Mayor and Clerk be authorized to execute the necessary documentation, satisfactory to the City Solicitor, to effect the acquisition of said lands." DTS-10-010 -DEMOLITION CONTROL APPLICATION DC 09/14/Q/GS - 393-411 QUEEN STREET SOUTH - POLOCORP INC. The Committee considered Development and Technical Services Department report DTS-10- 010, dated January 12, 2010, recommending approval of Demolition Control Application DC 09/14/Q/GS, for 393-411 Queen Street North, known as Barra Castle. The demolition would be of the middle, rear and annex portions of the building. Mr. Pinard reviewed the report and Mr. M. Puopolo, representing the property owner, spoke in support of the staff report. On motion by Councillor G. Lorentz - itwas resolved: "That Demolition Control Application DC09/14/Q/GS requesting permission to demolish the middle, rear, and annex portions of a building located at 393-411 Queen Street South, owned by Polocorp Incorporated, legally described as Plan 397 PT Lot 5, be approved, without conditions." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JANUARY 25, 2010 - 4 - CITY OF KITCHENER 6. DTS-10-011 -REQUEST FOR AMENDMENT - DEMOLITION CONTROL APPLICATION DC 09/03/M/GS - 110 MADISON AVENUE SOUTH - CRISTINA NICOLI The Committee considered Development and Technical Services Department report DTS-10- 011, dated January 11, 2010, recommending an amendment to Council's conditional approval of Demolition Control Application DC 09/03/M/GS, adopted on April 27, 2009, to remove all reference to conditions. Ms. Ross presented the report. On motion by Councillor B. Vrbanovic - itwas resolved: "That Council's motion adopted April 27, 2009 regarding Demolition Control Application DC09/03/M/GS for one (1) single detached dwelling located at 110 Madison Avenue South, owned by Cristina Nicoli, legally described as PLAN 395 LOT 11, be amended by removing any reference to conditions." DTS-10-020 -DEMOLITION CONTROL APPLICATION DC 09/11/Q/AP - 179 QUEEN STREET SOUTH - SANDHILLS RESIDENTIAL RETIREMENT COMMUNITY INC. The Committee considered Development and Technical Services Department report DTS-10- 020, dated January 12, 2010, recommending approval of Demolition Control Application for 179 Queen Street South, which is part of the Sandhills Residential Retirement Community. Mr Pinard presented the report. On motion by Councillor G. Lorentz - itwas resolved: "That Demolition Control Application DC09/11/Q/AP requesting permission to demolish one 1 '/2 storey single detached residential dwelling located at 179 Queen Street South, owned by the Sandhills Residential Retirement Community Inc., legally described as Part Lot 36 of Registered Plan 393, be approved without conditions." DTS-10-024 -ENGINEERING PROJECT MANAGEMENT INITIATIVE - CONSULTING SERVICES The Committee considered Development and Technical Services Department report DTS-10- 020, dated January 15, 2010, recommending that Council's policy respecting selecting consultants be waived and that 1614310 Ontario Inc. be hired to provide consulting services on project management and training. Mr. Murphy presented the report. Upon questioning, Mr. Murphy advised that the consultant's name is Moaz Mehei, who has provided consulting services for the City on Project Delta. Councillor Gazzola questioned the project and Mr. Murphy advised that the project will provide training and education for staff and the consultant will provide a customized project based on how we do business in the City of Kitchener. The project will provide leadership to enhance the skill set of Engineering staff. Mayor Zehr moved the staff recommendation. In response to questions from Councillor Vrbanovic, Mr. Murphy advised that the Delta Project contract will come to an end in mid-March and the Engineering project will start in February, so there will be some overlap. Councillor Gazzola questioned why staff is not going to the market place. Mr. Murphy responded that this consultant has an intimate knowledge of City processes which is a great advantage. With respect to funding, Mr. Murphy advised that the funds have been approved by Council through the capital budget. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JANUARY 25, 2010 - 5 - CITY OF KITCHENER DTS-10-024 -ENGINEERING PROJECT MANAGEMENT INITIATIVE - CONSULTING SERVICES (CONT'D) Mayor Zehr stated that it makes intuitive sense to hire someone who can move seamlessly. Mr. Murphy advised budget arrangements have been made and he has prepared a detailed list of the things the consultant is required to do. The $37,000 amount is and estimated value and the cost could be slightly more or less. On motion by Mayor C. Zehr - itwas resolved: "That the normal procedure for the selection of consultants be waived and the City retain 1614310 Ontario Inc. to provide consulting services on project management services and training; and further, That the Mayor and Clerk be authorized to execute an agreement to provide consulting services on project management services and training between the City of Kitchener and 1614310 Ontario Inc. from January 1, 2010 to December 31, 2010 at an estimated cost of $37,000 plus GST." DTS-10-025 -PROCESS SIMULATION AND DESIGN - CONSULTANT SERVICES FOR PLANNING, ENGINEERING AND BUILDING DIVISIONS The Committee considered Development and Technical Services Department report DTS-10- 020, dated January 13, 2010, recommending recommending that Council's policy respecting selecting consultants be waived and that 1614310 Ontario Inc. be hired to provide consulting services on project management and training. Mr. Seiling presented the report. He advised that the Planning, Engineering and Building Divisions issued an expression of interest in 2008 to hire a consultant for this project. One company submitted an expression of interest but they were not suitable and staff did not go forward with the project at that time. Since that time, staff has learned of this consultant. The start date for the project is mid-March. Mr. Seiling advised that the Home Builders are in support of this project. The project will review all supporting processes and there is money in the capital budget to pay for this project. In response to questions from Councillor Gazzola, Mr. Seiling advised that we need to improve our processes so that permits can be expedited. The expected improvements will help the development industry, it will identify bottlenecks in the process and will reduce processing time. On motion by Councillor G. Lorentz - itwas resolved: "That the normal procedure for the selection of consultants be waived and that the City retain 1614310 Ontario Inc. to provide consulting services related to process mapping in the Development and Technical Services Department; and further That the Mayor and Clerk be authorized to execute an agreement with 1614310 Ontario Inc. to provide consulting services to the Development and Technical Services Department for Consultant Services on Process Mapping and Design Simulation from March 15, 2010 to September 30, 2010 at an estimated cost of $117,600 plus GST; said agreement to be satisfactory to the City Solicitor." The Chair read aloud the following statement: "This is a formal public meeting to consider applications under the Planning Act. If a person or public body does not make oral or written submissions to the City of Kitchener before the proposed applications are considered, the person or public body is not entitled to appeal the decision to the Ontario Municipal Board and may not be added as a party to a hearing of an appeal before the Ontario Municipal Board." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JANUARY 25, 2010 - 6 - CITY OF KITCHENER 10. DTS-10-021 -CITY INITIATED HOUSEKEEPING AMENDMENTS - CEDAR HILL, MILL COURTLAND WOODSIDE PARK VICTORIA PARK SECONDARY PLAN MAPS AND ASSOCIATED POLICIES IN THE OFFICIAL PLAN AND TO THE MIXED USE CORRIDOR SECTIONS OF BY-LAW 85-1 The Committee considered Development and Technical Services Department report DTS-10- 018, dated December 29, 2009, recommending approval of an Official Plan Amendment and Zone Change to implement the Mixed Use Corridor policies. Ms. Holbrook presented the report and submitted a revised Map 12 to replace the one in the Official Plan amendment attached to the staff report. On motion by Councillor B. Vrbanovic - itwas resolved: " That City initiated Official Plan Amendment OP 09/03/COK/HH being an amendment to the Cedar Hill, Mill Courtland-Woodside Park and Victoria Park Secondary Plan maps and associated policies, be adopted, in the form shown in the "Proposed Official Plan Amendment" dated December 23, 2009 attached as Appendix A to Development & Technical Services Department report DTS-10-021, subject to MAP 12 being replaced with revised MAP 12, dated January 22, 2010; and further, That City initiated Zoning By-law Amendment ZC 09/016/COK/HH being an amendment to Sections 6, 53, 54 and 55 of By-law 85-1 to implement housekeeping changes applicable to the Mixed Use Corridor zones, be approved, in the form shown in the "Proposed By-law" dated December 23, 2009 attached as Appendix B to Development & Technical Services Department report DTS-10-021." 11. DTS-10-001 -PLAN OF SUBDIVISION 30T-04210 - BRIDGEPORT NORTH - FALCONRIDGE DRIVE/HAWSKWOOD DRIVE - ACTIVA HOLDINGS INC. The Committee considered Development and Technical Services Department report DTS-10- 018, dated January 4, 2010, recommending approval of plan of subdivision 30T-04210. Mr. Bateman provided the Committee with an extensive review of the staff report, noting that this subdivision has an area of 20 ha., divided into 5 separate parcels which can accommodate a maximum of 400 residential units. This subdivision is part of a larger residential development that went through a comprehensive planning process in the late 1990s and the zoning was put in place in 1999. The completion of the subdivision process could not be completed before this time because of the development cap imposed in this area by the Region of waterloo due to transportation issues in the Bridgeport area. Since that time all the required studies were completed. The Region has now lifted the development cap and it is appropriate to go forward with this plan of subdivision at this time. Mr. Bateman provided the Committee, this date, with an addendum report to DTS-10-001, amending condition 3.24 and 6.20 as contained in the original staff report and adding a new condition, 6.21, and these changes were accepted by the Committee. Councillor Smola questioned when the upgrades to Woolwich Street would be undertaken, as his understanding was that it would be done in 2013 but the staff report states 2015. Mr. J. Connor, City of Waterloo, advised that the work to be done on Woolwich Street is scheduled for 2013 - 2014. In response to questions from Mayor Zehr, Mr. Connor advised that traffic calming on Woolwich Street would probably be done with a 3-way stop which will be installed as part of the road reconstruction. Mayor Zehr then questioned parks and links to the Walter bean Trail and Mr. Bateman advised that through stage 2 of the subdivision the links will be completed. He advised that most of the trails are in place now but some minor adjustments are required. Staff advised that Activa Group owns the flood plain lands and the City has a permanent easement for trail purposes. Mr. Willmer advised that the reason the trail comes out the street is partly because of topography and partly because some of the lots have frontage on the river. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JANUARY 25, 2010 - 7 - CITY OF KITCHENER 11. DTS-10-001 -PLAN OF SUBDIVISION 30T-04210 - BRIDGEPORT NORTH - FALCONRIDGE DRIVE/HAWSKWOOD DRIVE - ACTIVA HOLDINGS INC. (CONT'D) Mayor Zehr then questioned the recommended exemption to the City's policy respecting street names, noting that he is not in support of this request. Mr. Bateman advised that the developer wants to continue with the theme of bird names. Councillor Vrbanovic spoke of Lot 24 in stage 2 of the subdivision and questioned why Falconridge Drive is still showing as going through the park, and questioned why it isn't being closed at that point. Mr. Willmer advised that the City's Official Plan shows Falconridge Drive as a collector Road. Also, if a future Council wants to make a different decision, they would still be able to do so. He also advised that nothing in the recommendation represents anything other than Council's decision and Council could initiate an Official Plan Amendment if it wishes. Councillor Smola advised that there are concerns respecting public transit if Falconridge Drive is closed at the park and he requested that things be left as they are. If the road is closed at the park it would require a longer transit route around the subdivision. Mr. P. Britton, MHBC Planning, was in attendance on behalf of Activa Group, in support of the staff recommendation including the addendum report presented this date. In response to some of the questions raised earlier in this meeting, Mr. Britton advised: the traffic calming will be done in conjunction with their subdivision application in the City of Waterloo; during processing of the original subdivision parkland was dedicated for all the land; they finance a portion of the Walter Bean Trail; and, there is an agreement in place to provide the City with permanent access to the trail. Mayor Zehr questioned whether the existing storm water management pond can accommodate the entire plan of subdivision. Mr. Britton replied that 4 of the 5 stages can be accommodated and stage 5 can not be registered until a storm water management facility is provided. Mayor Zehr then questioned the order in which the stages will be developed. Mr. Britton replied that stage 1 is independent, stage 2 can be developed at any time and stages 3, 4 & 5 can not be developed until stages 1 & 2 are developed. Mayor Zehr then questioned the rational for not complying with the street naming policy. Mr. Britton responded that he will provide a rational or a new list of names at the February 1St Council meeting. Mr. G. Wooler, a neighbouring property owner on Woolwich Street addressed the Committee about his concerns respecting his well and the affect this subdivision may have on it. He advised that the storm water management pond is approximately 60' - 70' from his well and contamination could make its way into his drinking water. He stated that he is aware that the developer will monitor his well and connect his property to municipal water if there is a problem; however, he is still concerned. He was of the opinion that the best thing to do would be to connect his property to municipal water now. Currently he has good drinking water and he does not want to have to pay for the connection to municipal water. Mr. J. Grube, Stantec Consulting, advised that the developer could monitor Mr. Wooler's well to see if there is any change to the quality and quantity of water. The developer will put in the connection to municipal water if the monitoring shows that there is a problem. Councillor Vrbanovic stated that the logical thing to do would be to connect this property to municipal water. Mr. Britton advised that the water service will be installed through the plan of subdivision in Waterloo. At this time the developer will actively engage in monitoring the well with Mr. Wooler. Mr. Murphy advised that he can meet with the home owner and the developer to try and understand the concerns. Mayor Zehr noted that there are at least 4 properties with wells in the vicinity. If there is a limited time to monitor these wells, some sort of arrangement has to be made. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JANUARY 25, 2010 - 8 - CITY OF KITCHENER 11. DTS-10-001 -PLAN OF SUBDIVISION 30T-04210 - BRIDGEPORT NORTH - FALCONRIDGE DRIVE/HAWSKWOOD DRIVE - ACTIVA HOLDINGS INC. (CONT'D) Mr. Grube stated that there will have to be a clay liner under the storm water management pond. The water will migrate from Woolwich Street to the pond and it is very unlikely there would be a problem. Mr. Britton responded that they will do their best to meet with the neighbours. Councillor Smola put forward and amendment to the staff recommendation that staff meet with the neighbours and the developer to identify the concerns about the wells and report to Council in this regard at its meeting of Monday February 1St. The amendment was voted on and carried. Councillor Smola then moved the staff recommendation as amended through the addendum report and by his previous motion. Councillor Smola advised that he was opposed to the original subdivision considered in the 1990s because of the traffic concerns. However, improvements in that regard have now been made. He cautioned that there are concerns about public transit in this area; as some residents want public transit, and there could be a major problem in the future. On motion by Councillor J. Smola - itwas resolved: "That an exemption be granted to the City's Sidewalk Policy Resolution I-1120 to have the sidewalk extended on one (east) side of Old Cottage Place and no sidewalk on either side of the Coopershawk Street extension; and, That an exemption be granted to the City's Street Naming Policy Resolution I-1147 to recognize the following street names: Rosefinch Court, Redcrossbill Court, King Rail Court and Winter Wren Court; and, That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-04210, in the City of Kitchener, for Activa Holdings Inc., subject to the conditions outlined in the Development & Technical Services Department report DTS-10-001; subject to the following amendments: (a) That the words 'and Grand River Transit' be added to the end of Condition 3.24, so that the condition now reads: '3.24 The SUBDIVIDER shall provide for the installation of curb extensions at the intersections of Falconridge Drive and Redtail Street/Field Sparrow Crescent and at Falconridge Drive and Eaglecrest Street to the satisfaction of the Director of Transportation Planning in consultation with the Director of Engineering and Grand River Transit.' (b) That Condition 6.20 be amended by adding the following as the second sentence in the condition: 'Furthermore, no building shall be constructed within 4.5m of Block 24.', so that the condition now reads: '6.20 The lots immediately adjacent to Block 24 (Stage 2) are deemed to be 'corner lots'. As such, no solid fence with a height greater than 0.3m shall be erected with: a) the 1.5m side lot line setback abutting a street and b) the corner visibility triangle, as defined in the City's Fence By-law. Furthermore, no building shall be constructed within 4.5m of Block 24. This condition shall not apply if Block 24 is reconveyed to the SUBDIVIDER in accordance with 6.13. ' DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES JANUARY 25, 2010 - 9 - CITY OF KITCHENER 11. DTS-10-001 -PLAN OF SUBDIVISION 30T-04210 - BRIDGEPORT NORTH - FALCONRIDGE DRIVE/HAWSKWOOD DRIVE - ACTIVA HOLDINGS INC. (CONT'D) (c) That the following new condition be added after Condition 6.20: '6.21 That the SUBDIVIDER be responsible for the continued maintenance of the existing storm water management facilities legally described as Blocks 32 and 34, 58M-181, until such time as 90 percent build-out of Stages 1 through 4 occurs and to the satisfaction of the Director of Engineering.'; and further, That the Director of Engineering liaise with the group of residents whose wells are in close proximity to the storm water management pond for this subdivision and with the developer and/or its agent, to address their concerns if possible and report to Council on this matter at the Council meeting scheduled for Monday February 1, 2010" 12. ADJOURNMENT On motion, the meeting adjourned at 8:19 p. m. D. Gilchrist Committee Administrator