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HomeMy WebLinkAboutDev & Tech Svcs - 2010-03-08DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 8, 2010 CITY OF KITCHENER The Development and Technical Services Committee met this date, commencing at 6:03 p. m. Present: Councillor C. Weylie -Chair Mayor C. Zehr and Councillors J. Gazzola, G. Lorentz, K. Galloway and J. Smola. Staff: J. Willmer, Interim General Manager, Development and Technical Services P. Houston, General Manager, Community Services S. Turner, Director of Enforcement T. Beckett, Fire Chief G. Murphy, Director of Engineering J. McBride, Director, Transportation Planning A. Pinard, Interim Director of Planning L. MacDonald, Director/City Solicitor, Legal Services D. Ross, Manager, Development Review B. Korah, Manager of Development Engineering B. Bateman, Senior Planner B. Sloan, Senior Project Planner T. Malone-Wright, Senior Planner C. Musselman, Senior Environmental Planner E. Brown, Planner D. Gilchrist, Committee Administrator DTS-10-045 - ON-STREET PARKING REGULATIONS - DOON VALLEY DRIVE The Committee considered Development and Technical Services Department report DTS-10- 045, dated February 16, 2010, recommending a parking prohibition on Doon Valley Drive. Councillor Gazzola questioned whether the parking prohibition being recommended can be reviewed if it does not achieve the desired result and was advised by Mr. McBride that it can be reviewed. On motion by Councillor G. Lorentz - itwas resolved: "That the Uniform Traffic By-law be amended to prohibit parking on both sides of Doon Valley Drive between Pinnacle Drive and Conestoga College Boulevard Monday to Friday between the hours of 8:00 a. m. to 4:00 p. m." DTS-10-049 -TRAFFIC CALMING FOLLOW UP - HOMEWOOD AVENUE The Committee considered Development and Technical Services Department report DTS-10- 049, dated February 24, 2010, recommending continuation or the existing traffic calming measures on Homewood Avenue. Councillor Gazzola noted that the traffic volumes may have decreased but speeds have increased. Mr. McBride advised that the initial concerns related to volumes and not speed. The speed humps have not affected speed but the volume of cut-through traffic has decreased. On motion by Councillor G. Lorentz - itwas resolved: "That the existing traffic calming measures on Homewood Avenue, consisting of three (3) speed humps from Queen Street South to West Avenue, remain in place." DTS-10-022 -TELECOMMUNICATION TOWER AND ANTENNA PROTOCOL The Committee considered the draft Telecommunication Tower and Antenna Protocol, dated February 1, 2010, attached the Development and Technical Services Department report DTS- 10-022. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 8, 2010 - 19 - CITY OF KITCHENER 3. DTS-10-022 -TELECOMMUNICATION TOWER AND ANTENNA PROTOCOL (CONT'D1 Councillor Galloway questioned whether public notification was required for this Protocol. She also questioned whether 120m from a residential zone as outlined on pages 3-10 in the report, is a sufficient distance. Mr. Pinard advised that he believes 120m from a residential zone is sufficient; stating that other municipalities were canvassed and this is the largest distance used by any of the municipalities contacted. On motion by Councillor G. Lorentz - itwas resolved: "That the Draft Telecommunication Tower and Antenna Protocol, dated February 1, 2010, be approved in principle and forwarded to Industry Canada for its review and comment." DTS-10-052 -DEMOLITION CONTROL APPLICATION DC 09/16/H/ATP - 38 HOWE DRIVE The Committee considered Development and Technical Services Department report DTS-10- 033, dated February 23, 2010, recommending conditional approval of Demolition Control Application DC09/16/H/ATP for the property at 38 Howe Drive. Councillor Galloway questioned whether the zoning is in place for the proposed development and whether this area has been looked at for a community plan. Ms. Ross advised that the zoning is in place and there is a community plan for this area. Councillor Galloway then questioned why the neighbourhood was not circulated with this report and Ms. Ross advised that as required by Council Policy, everybody with 60m of the subject property was notified. On motion by Councillor G. Lorentz - itwas resolved: "That Demolition Control Application DC09/16/H/ATP requesting permission to demolish one (1) single detached dwelling located at 38 Howe Drive, owned by Will-O Homes Inc., legally described as Part Lot 48 German Company Tract, being Parts 1 and 2 on 58R- 12058, be approved subject to the following conditions: 1) That the owner obtains a building permit for the proposed residential townhouse units; and, 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: In the event that construction of the new townhouse units is not substantially complete within 2-years of the date of issuance of the demolition permit, the City 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 MARCH 8, 2010 - 20 - CITY OF KITCHENER 5. DTS-10-056 -CLASS EA STUDY - STRASBURG CREEK FLOOD CONTROL STRUCTURE - PROJECT STATUS UPDATE AND - AMENDMENT TO PURCHASE ORDER FOR CONSULTING SERVICES The Committee considered Development and Technical Services Department report DTS-10- 056, dated February 24, 2010, providing a project status update on the Class Environmental Assessment Study for the Strasburg Creek Flood Control Structure and requesting approval for an extension of the purchase order for consulting services to Stantec Consulting Limited to complete the Class EA Study, Detailed Design and Inspection for the flood control structure. Mr. S. Brown, Stantec Consulting, was in attendance and presented the Class Environmental Assessment Study. He advised that they have co-ordinated with the Huron Road Improvements design team and have arrived at a preliminary recommendation to install an in- line flood control structure at Huron Road. He then advised that the next steps are: to hold a meeting with the stakeholders, hold public information centre #2, and finalize the Environmental Study Report. Mr. Korah advised that there have been a couple of changes: the gravel pits are the main rechange area, so the Region of Waterloo has to be satisfied; the City is undertaking the South West Urban Study for proper use of this area, and its completion is necessary to establish flow rates. Mr. Korah then advised that additional funding is required to complete this project, noting that the greatest portion of the cost is for the detailed design work. In response to questions from Mayor Zehr, Mr. Korah advised that the Huron Road project can move forward; however, the Strasburg Creek EA has to move with the South West Urban Study. Mr. Pinard advised that phase one of the South West Urban Study, involving Master Planning, will be completed by the end of this year and phase two will be completed by June 2011. In response to questions from Councillor Gazzola, Mr. Korah advised that the consultant has already completed some of the additional work. Mr. P. Britton, MHBC Planning, was in attendance to speak on behalf of the gravel pit operators to ask for completion of this environmental assessment in a timely manner. He advised that Council passed a resolution in 2008 stating that these environmental assessments for Strasburg Creek and Huron Road would be completed in a timely manner in 2009, and he understood that these two EAs would be completed concurrently. Councillor Galloway stated that these are difficult issues that tie together and questioned whether we would be able to move forward with the construction of Huron Road. She also questioned what would happen if the additional requested funding is not approved. Mr. Korah advised that at this time a flood control structure at Huron Road is being recommended and if the funding requested by staff is not approved, the project will be put on hold. In response to questions from Councillor Lorentz, Mr. Pinard advised that this environmental assessment is not part of the South West Kitchener Urban Area Study; however, the outcome of that study will affect the Strasburg Creek Flood Control Project. Through that study, staff will be looking at different scenarios and the outcome of the study may require an upgrade of the flood control structure. On motion by Councillor K. Galloway - itwas resolved: "That the Purchase Order for consulting services to Stantec Consulting Limited be extended for the additional amount of $330,000 plus applicable taxes to complete the Class Environmental Assessment Study, Detailed Design and Inspection for the Strasburg Creek Flood Control Structure." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 8. 2010 - 21 - CITY OF KITCHENER 6. DTS-10-055 -ENVIRONMENTAL ASSESSMENT STUDY REPORT - HURON ROAD IMPROVEMENTS FROM STRASBURG ROAD TO FISCHER HALLMAN ROAD The Committee considered Development and Technical Services Department report DTS-10- 034, dated February 24, 2010, respecting the Environmental Study Report for Huron Road Improvements. Mr. D. Linder, MTE Consultants, was in attendance to present the Environmental Study. Mr. Korah stated that Huron Road from Strasburg Road to Fischer Hallman needs to be 30m wide, so there is a need to file the environmental assessment (EA) as soon as possible in order to initiate land acquisition as soon as possible. Further, filing this document with the Ministry of the Environment provides an additional opportunity for stake holders to submit their comments and concerns. Councillor Galloway advised that the proposed roundabout at Strasburg Road and Huron Road causes some residents a lot of concern. She questioned whether the City can file this EA without predetermining the intersection at Strasburg Road and Huron Road. Mr. Korah responded that staff and the consultant have had extensive communications with the public, including three public information centres, as well as meetings with the School Council, the principle and the School Board. Even though members of the public will have an opportunity to file objections with the Ministry, Councillor Galloway advised that she wants members of the public to have an opportunity to come to this Council. She suggested that residents should be provided with an opportunity to attend this Committee's April meeting to discuss the roundabout at Strasburg Road. Mr. P. Britton, MHBC Planning, advised that he is in attendance on behalf of the gravel pit owners and Hallman Construction Inc. He advised that the gravel pit owners are in support of the staff recommendation. He asked the Committee to be mindful of the linkages between this EA and the EA for Strasburg Creek; as this EA could really be affected by the one for Strasburg Creek. Mr. Britton advised that Hallman Construction Inc. is supportive of the roundabout at Strasburg Road. He thinks the roundabout is a fundamental part of the EA and he would like an opportunity to discuss this matter with staff. Mr. Britton advised that if the intersection is not identified in the EA there will be a problem and he asked that it be included in the EA. When questioned by Councillor Galloway about a one month deferral, Mr. Britton responded that time is of the essence but they could probably accommodate one month. Mr. W. Green, GSP Group, was in attendance with Mr. V Bender, RBJ Schlegel, whose company is developing Huron Heritage Estates, formerly known as the Becker Subdivision. Mr. Green advised that in 2009 an Ontario Municipal Board (OMB) decision was rendered for this subdivision and one of the OMB's conditions is that the subdivider shall "convey the required widening of the road right-of-way in accordance with the Kitchener Official Plan..." with what is proposed in this EA, an additional 3m widening would be required from their land. Mr. Green proposed, with reasons, that a 2m wide planting strip would be appropriate, and a 5m wide planting strip is excessive. He then provided the Committee with the following recommendation from RBJ Schlegel: "That Committee/Council direct that the Huron Road EA be revised to include a 2 metre planting strip on the north side, and accommodate the road construction for Huron Road within the 30 metre road allowance width including a 4.5 metre road widening from the Huron Heritage Estates Subdivision, as prescribed in the Municipal Plan." Ms. Y. Fernandes addressed the Committee stating that the problem is that the development went in before the right-of-way design was decided. She stated that an increased amount of road salt will be used which will affect the Strasburg Creek, so, to increase the width of Huron Road would be an irresponsible use of road salt. Ms. Fernandes offered the opinion that a 5m DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 8, 2010 - 22 - CITY OF KITCHENER 6. DTS-10-055 -ENVIRONMENTAL ASSESSMENT STUDY REPORT - HURON ROAD IMPROVEMENTS FROM STRASBURG ROAD TO FISCHER HALLMAN ROAD (CONT'D) wide strip of green space will do a great job of cleaning the air. Regarding cycling lanes, Ms. Fernandes asked for off-road cycling lanes given that Strasburg Road is extremely dangerous. Mr. Korah advised that the Class EA is a preliminary design and once the report has been filed with the Ministry, the team will have an opportunity to meet with the stakeholders. The Chair stated that staff should meet with the stakeholders before the March 22"d Council Meeting. Councillor Galloway put forward a motion to defer consideration of the staff recommendation until the Council meeting of March 22"d to allow staff to contact all residents who have advised that they have concerns with the proposed roundabout, to invite them to the Council meeting; and, to allow staff to meet with the delegations who attended this meeting to address their concerns. Mayor Zehr directed staff to evaluate the possibility of off-road cycling lanes. He also directed that they evaluate changing the width of the planting strip on the north side of the road because of the noise wall. Councillor Gazzola spoke in support of the deferral, and directed staff to provide the cost of off- road cycling lanes. Councillor Gazzola also asked to be provided with copies of the presentations for the 2 EA's. On motion by Councillor K. Galloway - itwas resolved: "That consideration of the following recommendation contained in report DTS-10-055 be referred to the Council meeting of March 22, 2010 to allow an opportunity for residents who have concerns about the roundabout to be notified by staff of the date and time of the Council meeting; and, to allow staff an opportunity to meet with the delegations who attended the Development and Technical Services Committee meeting of March 8, 2010 to address their concerns: "That the Huron Road Improvements from Strasburg Road to Fischer Hallman Road Environmental Study Report (ESR) prepared by MTE Consultants Inc., dated February 24, 2010 be received; and further, That the Huron Road Improvements from Strasburg Road to Fischer Hallman Road Environmental Study Report be filed with the Ministry of Environment for the mandatory thirty (30) day review period as required by the Environmental Assessment (EA) Act."." DTS-10-058 -CLASS ENVIRONMENTAL ASSESSMENT STUDY - DETAILED DESIGN AND CONTRACT ADMINISTRATION - HURON ROAD IMPROVEMENTS STRASBURG ROAD TO FISCHER HALLMAN ROAD - EXTENSION OF PURCHASE ORDER AND ADDITIONAL SCOPE OF WORK FOR CONSULTING SERVICES The Committee considered Development and Technical Services Department report DTS-10- 058, dated February 24, 2010, recommending an extension of the scope of work for MTE Consulting Inc. respecting the Class Environmental Assessment Study, detailed design, Contract administration and Inspection Services for the Huron Road Improvements. Mr. Korah presented the staff report. In response to questions from Councillor Gazzola, Mr. Linder advised that $98,000 of the additional work has been completed. Mr. Murphy advised that Council has been advised of the cost increases as the work proceeded; and, as with any project, there are changes in the required work. Mr. Korah confirmed that all costs associated with the project are paid through Development Charges. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 8, 2010 - 23 - CITY OF KITCHENER 7. DTS-10-058 -CLASS ENVIRONMENTAL ASSESSMENT STUDY - DETAILED DESIGN AND CONTRACT ADMINISTRATION - HURON ROAD IMPROVEMENTS STRASBURG ROAD TO FISCHER HALLMAN ROAD - EXTENSION OF PURCHASE ORDER AND ADDITIONAL SCOPE OF WORK FOR CONSULTING SERVICES (CONT'D1 On motion by Councillor K. Galloway - itwas resolved: "That the scope of work for MTE Consulting Inc. be extended for the amount of $295,808.25 (plus applicable taxes) to complete the Class Environmental Assessment Study, Detailed Design, Contract Administration and Inspection Services for the Huron Road Improvements from Strasburg Road to Fischer Hallman Road." 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." DTS-10-002 -MODIFICATION TO DRAFT PLAN OF SUBDIVISION 30T-92009 AND - ZONE CHANGE APPLICATION ZC 07/06/E/BB - EVENSTONE AVENUE - CHALON ESTATES INC. The Committee considered Development and Technical Services Department report DTS-10- 002, dated February 5, 2010, respecting a modification to draft plan of subdivision 30T-92009 and zone change application for Chalon Estates Inc., on Evenstone Avenue. Mr. B. Bateman presented the report, advising that in 1998, 17 lots on this property were draft approved. Now the owner is proposing 12 lots and 2 blocks of land. One of the blocks will be used for institutional use, being a community centre and the other block for open space/park. Councillor Smola questioned the exemption from Council's sidewalk policy and Mr. Bateman replied that no sidewalks are proposed, which is consistent with the rest of the community. Mr. G. MacFarlane was in attendance to address neighbourhood issues for residents on Sutherland Walk. He itemized four primary concerns: trespassing on their properties from Block 14, potential increase in noise as public activity moves to Blocks 13 & 14, potential for an active park on Block 14; and, the Sutherland residents desire to maintain the aesthetic appearance of their existing "open land/woodland' environment. He advised that they want fencing between their properties and Block 14. In response to a question from Councillor Galloway, Mr. MacFarlane advised that if their concerns are not addressed then they will not be in favour of the zone change. In response to questions from Councillor Gazzola, Mr. Bateman advised that the zoning of the open space/park will remain Residential Three which will still permit residential use. He does not know their specific plans for the park. Mr. D. Aston, MHBC Planning, was in attendance along with Mr. E. Hill, President of Chalon Estates, in support of the staff recommendations. Mr. Aston advised that he had an opportunity to have some discussions with Mr. MacFarlane prior to this meeting and he provided Committee members with wording for a condition, to be added to the subdivision agreement, concerning a requirement for a fence between Block 14 and Sutherland Walk; which staff agreed to. Mr. Aston also advised that the additional open space/park land will build on the natural feel of the area, and will be an additional play area for the children. Councillor Galloway questioned whether this park will be governed by the City's park by-law and was advised that this park will be privately owned and the City's park by-law will not apply. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 8, 2010 - 24 - CITY OF KITCHENER DTS-10-002 -MODIFICATION TO DRAFT PLAN OF SUBDIVISION 30T-92009 AND - ZONE CHANGE APPLICATION ZC 07/06/E/BB - EVENSTONE AVENUE - CHALON ESTATES INC. (CONT'D) Ms. Y. Fernandes was in attendance to express concerns about stormwater management monitoring. Ms. Ross responded that there are standard conditions regarding stormwater management which include monitoring both pre and post development. On motion by Councillor K. Galloway - itwas resolved: "A. That Zone Change Application ZC07/06/E/BB (Chalon Estates) requesting a change in zoning from Residential Three Zone (R-3) with special use provision 260U and Hazard Land Zone (P-3) to: Residential Three (R-3) with special use provision 260U and special use provision 391 U, Open Space (P-3), Neighbourhood Institutional (I-1) with special use provision 396U, and Neighbourhood Institutional Zone (I-1) with special regulation (93R) according to By-law 85-1, on Part of Block'A', Registered Plan 1123 and Part of Lots 5 and 8, Biehn's Tract, be approved in the form shown in the Proposed By-law dated November 23, 2009, attached to Development and Technical Services Department report DTS-10-002, subject to approval of recommendation D in that report. B. That the 'boon South Community Plan Land Use Map' be amended to reflect Block 13 as 'Neighbourhood Institutional' and Blocks 14 to 16 as 'Open Space' as shown on "Schedule A" attached to Development and Technical Services Department report DTS-10-002; and further, That Policy 3.1 be amended to include 'private community centres' as a permitted use. C. That an exemption to the City's Sidewalk Policy Resolution I-1120 be granted. D. That Pursuant to Section 51(44) of the Planning Act, R.S.O. 1990, and By-law No. 2002-164, as amended, of the City of Kitchener, the conditions of draft approval for Plan of Subdivision 30T-929009 for Chalon Estates Inc. in the City of Kitchener, be amended to revise the plan and text, so that the conditions of draft approval read as outlined in Development and Technical Services Department report DTS-10-002; subject to the addition of the following condition: "80. The SUBDIVIDER agrees to install permanent fencing along the perimeter of Block 14 (Park) where it abuts Lot 1 and along the north and east limits of Block 14 (Park) adjacent to the ESPA within one year of the issuance of the first building permit in the subdivision."." DTS-10-040 -ZONE CHANGE APPLICATION ZC 09/11/R/EB - 137-145 RIVER ROAD EAST -WILL-O HOMES INC. The Committee considered Development and Technical Services Department report DTS-10- 040, dated February 3, 2010, respecting a zone change application for property at River Road East and Rosemount Drive, from Residential Zone 3 to Residential Zone 3 with a special use provision to allow street fronting townhouses. Ms. Brown presented the staff report. Ms. D. Donald was in attendance to address concerns respecting traffic and the difficulty that would be experienced by the occupants of these townhouses in exiting their driveways. She stated that in rush hour situations there are already traffic problems in this area and adding 5 more residential units would make a bad situation worse. She suggested that 3 units would be adequate or 4 at the most. Mr. McBride responded that staff conducted a review of the traffic situation and is satisfied that 5 units can be supported. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 8, 2010 - 25 - CITY OF KITCHENER DTS-10-040 -ZONE CHANGE APPLICATION ZC 09/11/R/EB - 137-145 RIVER ROAD EAST -WILL-O HOMES INC. (CONT'D) On motion by Councillor J. Smola - itwas resolved: "That Zone Change Application ZC09/11/R/EB for 137-145 River Road East (Will-O Homes Inc.), for the purpose of changing the zoning from Residential Three Zone (R-3) to Residential Three Zone (R-3) with Special Use Provision 4000 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 February 3, 2010, attached to Development and Technical Services Department report DTS-10-040." 10. DTS-10-043 -ZONE CHANGE APPLICATION ZC 09/13/V/GS - VALEBROOK STREET - HALLMAN CONSTRUCTION The Committee considered Development and Technical Services Department report DTS-10- 043, dated February 9, 2010, respecting a zone change for property on Valebrook Street, owned by Hallman Construction. Mr. Stevenson presented the report. Mr. P. Britton, MHBC Planning was in attendance in support of the staff recommendation. On motion by Councillor K. Galloway - itwas resolved: "That Zone Change Application ZC09/13/V/GS for Valebrook Street, Registered Plan 58M-365 Blocks 6, 7, 9 & 10 (Hallman Construction) for the purpose of changing the zoning from Residential Three (R-3) to Residential Three (R-3) with a Special Use Provision 527R, be approved in the form shown in the "Proposed By-law" dated February 3, 2010 attached to Development and Technical Services Department report DTS-10-043." 11. DTS-10-051 -OFFICIAL PLAN REVIEW -FORMAL PUBLIC MEETING The Committee considered Development and Technical Services Department report DTS-10- 051, dated February 26, 2010, respecting an update of the City of Kitchener Official Plan review. Mr. Sloan presented the report. Mr. Sloan presented the report, advising that staff will be writing the policies later this year. Further, there will be continuous public engagement. There will also be a web page for the Official Plan Review which will also contain background studies. Mr. G. Michalenko, Community Garden Council of Waterloo Region, advised that there are approximately 40 community gardens in Waterloo Region; however, community gardens have not reached their full potential. He recommended that the Official Plan include policies for Community Gardens, recognizing their health aspects, place making and neighbourhood focus. Mr. Michalenko also recommended that community gardens be fully integrated into City planning; that in new subdivisions land be dedicated for community gardens; that criteria be established for optimum siting. He also requested that the City maintain and expand allotment gardens. He asked that, in the existing developed part of the City, an inventory be prepared of land that is suitable for community gardens; that the City explore the provision of meaningful incentives for private property owners; and, that the City foster related aspects of urban agriculture. Mr. M. Druker was in attendance respecting the Official Plan Review, stating that, above all else, the City should make it possible and easy to create new urban space, and limit sprawl. Mr. Druker recommended removal of minimum parking requirements; as these requirements are a subsidy for suburban building patterns. Further, there is excess parking, and parking improvement districts should be established to use on-street parking as a resource to improve neighbourhoods. He advised that plenty of suburban parking is not used and the wasted parking separates the street and building which makes walking and using transit less pleasant and less likely to happen. Mr. Druker recommended that land use planning should be intricately connected with transportation planning. Streets should be layed-out so that they DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 8, 2010 - 26 - CITY OF KITCHENER 11. DTS-10-051 -OFFICIAL PLAN REVIEW -FORMAL PUBLIC MEETING (CONT'D) have reasonably direct routes for walking and cycling. Mr. Druker recommended that the City's new mixed-use corridor zoning should be used in more places throughout the City. In response to a question from Councillor Galloway, Mr. Druker advised that in many suburban developments there is excess parking and surveys show that these parking spaces are only 40-50 % full. Mr. J. Parisi was in attendance and advised that to current land owners, land is considered environmentally significant. There is a human impact as the City moves forward and staff should consider flexibility and practicality in the plan. Mr. J. MacDonald addressed the Committee respecting cultural heritage landscapes, and requested that, in amendment # 64, item # 20 be moved under Downtown provisions. On motion by Mayor C. Zehr - itwas resolved: "That staff proceed with the Official Plan Review as outlined in the Development and Technical Services Department reports DTS-09-158 and DTS-10-051." 12. DTS-10-057 -TRANSPORTATION MASTER PLAN -COUNCIL APPOINTEE The Committee considered Development and Technical Services Department report DTS-10- 057, dated February 25, 2010, requesting that a member of Council be appoint to participate on the Kitchener Transportation Master Plan Steering Committee. Councillor Galloway volunteered to participate on this steering committee. On motion by Councillor G. Lorentz - itwas resolved: "That Councillor K. Galloway be appointed to participate in the Kitchener Transportation Master Plan Steering Committee." 13. DTS-10-054 -COMPREHENSIVE REVIEW OF EMPLOYMENT LANDS STUDY The Committee considered Development and Technical Services Department report DTS-10- 054, dated February 24, 2010, recommending approval of the Comprehensive Review of Employment Lands Study and considered fulfillment of the City's obligations pursuant to the Province's Places to Grow Growth Plan. Ms. Malone-Wright presented the report. Mayor Zehr questioned whether this study is to be filed with the province and Ms. Malone- Wright advised that the study is required through the Region's Official Plan. She stated that the study is consistent with the Region's Official Plan. It must be put into the City's Official Plan which must be consistent with the Region's Official Plan. On motion by Councillor K. Galloway - itwas resolved: "That the Comprehensive Review of Employment Lands Study, dated February 24, 2010, attached to Development and Technical Services Department report DTS-10-054, be adopted and considered fulfillment of the City of Kitchener's obligations pursuant to Policy 2.2.6.5 of the Province of Ontario's Places to Grow Growth Plan; and further, That Recommendations 1 to 8 of the Comprehensive Review of Employment Lands Study, dated February 24, 2010, provide direction for the City of Kitchener on future Official Plan matters concerning employment lands." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 8, 2010 - 27 - CITY OF KITCHENER 14. DTS-10-006 -SITE ALTERATION BY-LAW AND DTS-10-007 -TREE CONSERVATION BY-LAW The Committee considered Development and Technical Services Department reports DTS-10- 006 and DTS-10-007, both dated January 13, 2010, recommending approval of a Site Alteration By-law and a Tree Conservation By-law. Ms C. Musselman presented the staff report. She advised that public communications will take place as soon as the by-laws are passed. Mayor Zehr stated that clearly the intent is not to denude the landscape; however, any property owner could still clear a hedge or take down trees with the required permits. Ms. Musselman confirmed that the intension is to simply have a process in place whereby landscape changes happen with the City's knowledge. In response to comments by Mayor Zehr about the proposed fines, Mr. Turner advised that the by-law will set out the minimum and maximum fines. The Provincial Offences Court will decide on the actual penalty and these fines will come to the City once collected by the court. Ms. Musselman advised that many other municipalities: London, Hamilton, Barrie, Toronto and others, have these by-laws and we are just catching up. In response to Councillor Gazzola's concern about public consultation, Mr. Pinard advised that the legislation does not include any public consultation. Further, most of these types of by- laws are passed in this fashion. On motion by Councillor G. Lorentz - itwas resolved: "That a by-law to prohibit or regulate the placing or dumping of fill, the removal of soil and the alteration of the grade of land, be adopted in the form shown in the "Proposed By-law" dated March 8, 2010 attached to Development and Technical Services Department report DTS-10-006 as 'Appendix 'A'; and, That the comprehensive schedule of fees and charges be amended, effective March 8, 2010 to include the Site Alteration fees as outlined in report DTS-10-006, and subsequently included in the 2011 comprehensive schedule of fees and charges, and updated accordingly thereafter; and further, That the Site Alteration By-law be incorporated into the City of Kitchener Municipal Code." On motion by Councillor G. Lorentz - itwas resolved: "That a by-law to prohibit or regulate the destruction or injuring of trees on private property, be adopted in the form shown in the "Proposed By-law" dated March 8, 2010 attached to Development and Technical Services Department report DTS 10-007 as Appendix 'A'; and, That the comprehensive schedule of fees and charges be amended, effective March 8, 2010 to include the Tree Conservation fees as outlined in report DTS-10-007, and subsequently included in the 2011 comprehensive schedule of fees and charges, and updated accordingly thereafter; and further, That the Tree Conservation By-law be incorporated into the City of Kitchener Municipal Code." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MARCH 8, 2010 - 28 - CITY OF KITCHENER 15. ADJOURNMENT On motion, the meeting adjourned at 9:40 p. m. D. Gilchrist Committee Administrator