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HomeMy WebLinkAboutPlng & Econ Dev - 1992-04-06P E D\1992 -04-06 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES APRIL 6, 1992 The Planning and Economic Development Committee met this date commencing at 3:35 p.m. under the Chairmanship of Alderman J. Ziegler with the following members present: Mayor D.V. Cardillo, Alderman M. Wagner, Alderman T. Galloway, Alderman G.L. Leadston, Alderman G. Lorentz, Alderman J. Smola, Alderman B. Stortz, Alderman C. Weylie, Alderman M. Yantzi and Alderman C. Zehr. Officials Present: Mr. T. McKay, Mr. S. Klapman, Mr. B. Stanley, Mr. T. McCabe, Mr. J. Wallace, Mr. J. Shivas, Ms. V. Gibaut, Mr. J. Witmer, Ms. B. Newell, Mr. D. Mansell, Mr. G. Borovilos, Ms. P. MacPherson, Mr. V. Labreche, Mr. P. Wetherup and Mr. L.W. Neil. 1.PD The 158/91 221 AHRENS STREET WEST & 91 BLUCHER STREET - ZONE CHANGE APPLICATION 90/45/A/JW (MOHAMMED NATHOO) - BRIDGEPORT-NORTH WARD. Committee was advised that the Department of Planning and Development has received an application from Mohammed Nathoo to amend the zoning of the property known municipally as 221 Ahrens Street West and 91 Blucher Street. The proposed zoning change is from Neighbourhood Commercial (C-1) under By-law 85-1 to Semi-Restricted Residential (R2) with special regulations in accordance with By-law 4830. The subject lands are located on the southwest corner of Ahrens Street West and Blucher Street and have an existing lot area of 695.4 square metres (7485.4 square feet) and a lot width of 24.69 metres (81 feet), fronting onto Ahrens Street West. It was noted in the report that the applicant intends to rezone the subject lands to permit the building to be used as a seven unit, multiple dwelling. Staff have recommended that the application be refused, however, should the Committee wish to consider approval of the application, a Proposed By-law dated February 21, 1992 was attached to Staff Report PD 158/91 for the Committee's consideration. It was also noted in the report that it was the opinion of the Department that the existing legal non-conforming use of the property already represents over-development of the lands and that the existing and proposed use does not comply with the intent of both the City of Kitchener Zoning By-law, the Official Plan and the proposed Secondary Plan designation. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. V. Labreche illustrated the location of the subject property which presently contains five dwelling units and vacant commercial space which is proposed to be converted into two additional dwelling units. He stressed the opinion of staff that the property in its present state was considered to be over- developed. Mr. Peter Kruse, Kruse, Lawson & Hailer, Barristers, 370 Frederick Street, appeared as a delegation on behalf of the property owner. Mr. Kruse advised that the current owner purchased the property three years ago and had since spent over $70,000.00 in renovations. He pointed out that the type of tenant attracted to this kind of property in this location does not generate a parking problem and as evidence of this stated that only two of the five tenants have vehicles. He suggested that the commercial portion of the building generated a greater parking problem than a residential use would and also suggested that the requirement for dedication of land for road widening was being used as an issue to refuse the request. In summary, he stated that the best solution to continue upgrade of the property was to allow for creation of two additional dwelling units with approximately 800 square feet each. In response to Alderman J. Ziegler, Mr. Kruse again stated that few of the tenants would have cars and that no one is interested in renting the vacant commercial space. Mr. Nathoo commented that since he had owned property, there has never been a parking problem with respect to the residential tenancies. Mr. T. McCabe commented that the former commercial uses of variety store and laundromat were permitted uses but because of a 2 year vacancy and lack of available parking, the commercial uses had lost there legal non-conforming status and could not meet the regulations to re-occupy the property for commercial uses. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 135 - APRIL 6, 1992 1.PD 158/91 221 AHRENS STREET WEST & 91 BLUCHER STREET - ZONE CHANGE APPLICATION 90/45/A/JW (MOHAMMED NATHOO) - BRIDGEPORT-NORTH WARD. (CONT'D) Groothuis and Murray Matthews, 217 Ahrens Street West, appeared as a delegation in support of the submission which they distributed this date. The delegation pointed out that they were the owners and residents of property located beside the subject property and expressed their concerns relating to the following: lack of parking, garbage, density, snow removal and possible blocking of a Fire Hydrant if more cars were permitted to be parked at the property. The delegation stated that all of the parking spaces designated on the Plan attached to the report were not being used for the reason that it was unclear exactly what is a parking space on the site. It was requested that the present building remain as a five unit property. No other delegations responded to the Chairman's invitation to address the Committee on this matter. Moved by Alderman J. Smola Seconded by Alderman G. Lorentz That Zone Change Application 90145/AIJW (Mohammed Nathoo) requesting a change in zoning from Neighbourhood Commercial (C-1) according to By-law 85-1 to Semi-Restricted Residential (R2) with special regulations according to By-law 4830 on Part of Lots 70 and 71, Registered Plan 34, be refused. It is the opinion of this Committee that the refusal of this application is proper planning for the City. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, April 13, 1992. 2.PD 19/92 - 1144 COURTLAND AVENUE EAST - ZONE CHANGE APPLICATION 92181CIPMC (AVILA INVESTMENTS LTD.) - FAIRVIEW WARD. The Committee was advised that the Department of Planning and Development was in receipt of an application from Avila Investments Ltd. to change the zoning of property known municipally as 1144 Courtland Avenue East. The proposed zoning change is from Neighbourhood Commercial (C1) with special regulations according to By-law 4830 to Neighbourhood Shopping Centre (C-2) according to By-law 85-1. In this regard, the Committee considered Staff Report PD 19/92 dated February 26, 1992 and the Proposed By-law dated February 18, 1992 attached to the report. It was noted in the report that the proposed rezoning of the subject lands which are located on the northwest corner of Courtland Avenue East and Shelly Drive and comprise an area of approximately 3.2 Acres will implement the City's Official Plan Policies and provide the existing plaza with the potential for a broader range of retail uses. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. Wright, Wright-Dietrich, 550 Parkside Drive, Unit A13, Waterloo, appeared as a delegation on behalf of the applicant and indicated agreement with the recommendations in the staff report. No other delegations responded to the Chairman's invitation to address the Committee on this matter. Moved by Alderman C. Zehr Seconded by Alderman G.L. Leadston That Zone Change Application 92/8/C/PMc (Avila Investments Ltd.) requesting a change in zoning from Neighbourhood Commercial (C1) with special regulations according to By-law 4830 to Neighbourhood Shopping Centre (C-2) according to By-law 85-1 and described as Block H, Registered Plan 1221, be approved in the form shown in the proposed By-law attached, dated February 18, 1992, subject to the following conditions being satisfied prior to the amending zoning by-law being considered by Council: PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 136 - APRIL 6, 1992 2.PD 19/92 - 1144 COURTLAND AVENUE EAST - ZONE CHANGE APPLICATION 92181CIPMC (AVILA INVESTMENTS LTD.) - FAIRVlEW WARD. (CONT'D) 1.To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk, that all Regional requirements have been satisfied with respect to the proposed development. 2.The Owner acknowledges that Condition 1 is required to be satisfied no later than seven (7) months from Council having approved the amending zoning by-law relative to Zone Change Application 92/8/C/PMc by resolution. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Approved Official Plan. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, April 13, 1992. 3.PD 20~92 - 48 IRWIN STREET - ZONE CHANGE APPLICATION 91119111JW (LOOEY TREMBLAY) - CENTRE WARD. The Committee was advised that the Department of Planning and Development was in receipt of an application from Looey Tremblay to change the zoning of property known municipally as 48 Irvin Street. The proposed zoning change is from Semi-Restricted Residential (R2) to Semi-Restricted Residential (R2) with an extension of use and special regulations according to By-law 4830. In this regard, the Committee considered Staff Report PD 20/92 dated February 28, 1992 and the Proposed By-law dated February 26, 1992 attached to the report. It was noted in the report that the purpose of the rezoning is to permit the existing building which is located on the north side of Irvin Street between Lancaster Street and Frederick Street to be used as a duplex. The special regulations proposed are to reduce the lot area requirement from 6,000 square feet to 5,150 square feet and to reduce the minimum lot width requirement from 55 feet to 52 feet. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. T. McCabe advised that staff had nothing further to add to the report under consideration. Mr. David Whitfield, of Artindale, Wunder & Cirvan, Barristers, appeared as a delegation on behalf of the applicant and indicated concurrence with the recommendations contained in the staff report. No other delegations responded to the Chairman's invitation to address the Committee on this matter. Moved by Alderman B. Stortz Seconded by Alderman G. Lorentz That Zone Change Application 91/19/1/PMc (Looey Tremblay) requesting a change in zoning from Semi- Restricted Residential (R2) to Semi-Restricted Residential (R2) with an extension of use and special regulations and described as Part of Lot 17, Registered Plan 32, according to By-law 4830 be approved in the form shown in the proposed By-law attached, dated February 26, 1992, subject to the following conditions being satisfied prior to the amending zoning by-law being considered by Council: 1.To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk, that all Regional requirements have been satisfied with respect to the proposed development. 2.That the Owner dedicate a 3.9 metre road widening across the Irvin Street frontage to the City of Kitchener. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 137 - APRIL 6, 1992 3.PD 20~92 - 48 IRWIN STREET - ZONE CHANGE APPLICATION 91119111JW (LOOEY TREMBLAY) - CENTRE WARD. (CONT'D) 3.The Owner acknowledges that Condition 1 and 2 are required to be satisfied no later than seven (7) months from Council having approved the amending zoning by-law relative to the Zone Change Application 91/19/I/JW by resolution. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Approved Official Plan. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, April 13, 1992. 4. PD 21/92 - 6 SECORD AVENUE - ZONE CHANGE APPLICATION 911391SNL (ALEKSANDAR KOVlNIC) - STANLEY PARK WARD. The Committee was advised that the Department of Planning and Development was in receipt of an application from Aleksandar Kovinic to change the zoning of the property known municipally as 6 Secord Avenue. The proposed zoning change is from General Residential (R3) to Semi-Restricted Residential (R2) with a special regulation, according to By-law 4830. In this regard, the Committee considered Staff Report PD 21/92 dated March 10, 1992 and the Proposed By-law dated March 5, 1992 attached to the report. It was noted in the report that the applicant intends to rezone the subject lands which are located on the northeast corner of Secord Avenue and Crosby Drive in order to permit the development of a third unit within the existing duplex structure. It was also noted in the report that the proposed use satisfies all regulations for the proposed Semi-Restricted Residential (R2) zone pertaining to a triplex use. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. T. McCabe commented on the purpose of the application which was to establish a third unit on the property and advised that as a result of a request from the adjoining neighbour, the standard requirement for a five foot fence was being revised to a three foot fence. Mr. J. Bindernagel, 14 Secord Avenue, advised that he was the adjoining neighbour who had requested revision in respect to the fencing requirement and also expressed concern relative to the maintenance history of the subject property as it relates to landscaping and snow removal and commented that it was his opinion that these matters were below acceptable standards. Alderman J. Ziegler advised that the question of maintenance standard was not a planning issue that the Committee could address but directed that any concerns which Mr. Bindernagel might have be conveyed to the City's Property Standards Officer. Mr. T. McCabe advised the Committee that the property would be subject to a site plan agreement and that staff would be looking for certain upgrading of exterior features as part of the agreement. No other delegations responded to the Chairman's invitation to address the Committee on this matter. Moved by Alderman G.L. Leadston Seconded by Alderman T. Galloway That Zone Change Application 91/39/SNL (Aleksandar Kovinic) requesting a change in zoning from General Residential (R3) to Semi-Restricted Residential (R2) with a special regulation, on Lot 259, Registered Plan 1055, be approved, in the form shown in the Proposed By-law attached, dated March 5, 1992, subject to the following conditions being satisfied prior to any readings of the amending zoning by-law by Council. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 138 - APRIL 6, 1992 4. PD 21/92 - 6 SECORD AVENUE - ZONE CHANGE APPLICATION 911391SNL (ALEKSANDAR KOVlNIC) - STANLEY PARK WARD. (CONT'D) 1.To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk, that all Regional requirements have been satisfied with respect to the proposed zone change. 2.The Owner acknowledges that Condition 1 hereof is required to be satisfied no later than seven (7) months from the day of Council having approved by resolution, the amending zoning by-law relative to Zone Change Application 91/39/SNL. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding their zone change approval. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Approved Official Plan. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, April 13, 1992. 5.MINUTES Moved by Alderman C. Weylie Seconded by Alderman T. Galloway That the minutes of the regular meeting of the Planning and Economic Development Committee held March 23, 1992, as mailed to the members, be accepted. Carried 6. PD 29/92 - SCHEDULE FOR DRAFT OFFICIAL PLAN REVIEW The Committee was in receipt of Staff Report PD 29/92 from Ms. B. Newell to which was attached a Brochure advertising the public open houses for the new Draft Official Plan, a schedule for internal reviews and focus group workshops on the Plan. It was mentioned that Council was invited and encouraged to attend and participate in the public open houses and focus group workshops. Ms. Newell advised that the first draft of the Official Plan was now complete and review could begin through the series of meetings mentioned in the report. Moved by Alderman M. Wagner Seconded by Alderman B. Stortz That we accept the approach and Schedule for Draft Official Plan Review as set out in staff report PD 29~92. Carried 7.1991 ANNUAL REPORTS - DEPARTMENT OF PLANNING AND DEVELOPMENT AND - DEPARTMENT OF ECONOMIC DEVELOPMENT The Committee was previously in receipt of the 1991 Annual Reports of both the Department of Planning and Development and the Department of Economic Development. Mr. S. Klapman, Commissioner of Planning and Development, presented the Planning Department report and briefly commented on achievements of the Department in 1991 particularly in respect to Environmental Initiatives, Intensification, By-law Enforcement and initiatives to encourage all staff to work smarter through increasing their individual efficiency and effectiveness. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 139 - APRIL 6, 1992 7.1991 ANNUAL REPORTS - DEPARTMENT OF PLANNING AND DEVELOPMENT AND - DEPARTMENT OF ECONOMIC DEVELOPMENT. (CONT'D) Ms. V. Gibaut, Director of Economic Development, commented on the Economic Development Department's report and pointed out that as a result of structural changes that have taken place in the Department there was a need to be more focused. She indicated that staff in their efforts would focus on the matter of payback and as part of this were presently working more co-operatively with other Departments on current issues. She indicated that a strategy of the Department was to increase the number of plant visits so as to know of and better understand what companies do. For the record, Ms. Gibaut advised the Committee that the Economic Development Department was receiving a lot of complaints about the negative aspects of the proposed New Sign By-law and the development charges assessed for expansion of existing corporate facilities being excessive. Ms. Gibaut also raised the matter of the City's Commission Schedule with respect to real estate transactions and the Committee directed that the Economic Development Department prepare a report on all aspects of the City's Real Estate Fee Schedule for presentation at a future meeting. Moved by Alderman G. Lorentz Seconded by Alderman M. Wagner That the 1991 Annual Reports of the Department of Planning and Development and the Department of Economic Development be received. Carried 8.ADJOURNMENT On motion, the meeting adjourned at 5:10 p.m. L.W. Neil, AMCT Assistant City Clerk