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HomeMy WebLinkAboutPlng & Econ Dev - 1992-08-10PED\1992-08-10 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 10, 1992 The Planning and Economic Development Committee met this date commencing at 3:15 p.m. under the Chairmanship of Alderman J. Ziegler, with the following members present: Mayor D.V. Cardillo and Aldermen C. Weylie, M. Wagner, G. Lorentz, T. Galloway, B. Stortz, C. Zehr and J. Smola. Officials Present: Mr. S. Klapman, Mr. T. McCabe, Mr. J. Witmer, Ms. S. Frenette, Mr. N. Dobbing, Mr. K. Curtis, Mr. L. Bensason, Mr. D. Suzuki, Mr. B. Liddle, Mr. J. Wallace, Ms. L. MacDonald, Ms. C. Ladd, Ms. B. Newell, and Mr. L.W. Neil 1. MINUTES Moved by Alderman J. Smola Seconded by Alderman C. Weylie That the minutes of the Planning and Economic Development Committee regular meeting held on July 6, 1992 and the special meeting held on July 13, 1992, as mailed to the members, be accepted. Carried = PD 87/92 - FAIRWAY ROAD SOUTH - REVISED PROCESSING PROCEDURES - OPA & ZCA - FAIRWAY BEST MALL (NORMBAU 2000) - OPA 87/9 & ZCA 491871FIJG (PHILIPS LAU) - OPA 88/12 & ZCA 881331FISF (ORFUS REALTY) The Committee was in receipt of Planning and Development Staff Report PD 87/92 dated August 6, 1992 dealing with recommendations concerning a revised procedure for processing Official Plan Amendment and Zone Change Applications requesting retail uses to be permitted on Fairway Road South including the Fairway Best Mall, 589 Fairway Road South. It was noted in the report that, Normbau 2000, the owner of this newly built plaza has been working with a major sports chain which wishes to open an 18,500 square foot full service "mega sports store" in the plaza. In addition other retailers have indicated their willingness to locate in the plaza should the mega store be permitted to locate therein. Ms. V. Gibaut advised that a delegation from Normbau 2000 was in attendance and briefly introduced the mega sports store proposal. Mr. K. Curtis advised that the proposed use requires both an Official Plan Amendment and Zone Change but that the requirement for this approval raises questions concerning the appropriateness of Council's previous decisions regarding the processing of similar Official Plan Amendment and Zone Change Applications on Fairway Road and how any forthcoming applications pertaining to the Fairway Best Mall site should be handled. He noted that Council had earlier deferred consideration of two separate Official Plan and Zone Change Applications of Orfus Realty and Philips Lau for retail on Fairway Road until completion of the Highway #8 Widening Study and the South-Central Transportation Corridor Study. Mr. Curtis indicated that the Fairway Road studies were nearing completion and that these applications could be processed in conjunction with the related reports affecting River Road/Fairway Road and accordingly requested the Committee's consideration and direction on these matters. In response to Mayor D.V. Cardillo Mr. Curtis indicated that an April 1993 date was realistic. Mr. Timur Leckbusch and Ms. Martha Ross, 266 Rutherford Road S, Unit #1, Brampton appeared as a delegation representing Normbau 2000 and advised that negotiations had been ongoing for a lengthy period of time and that their client wishes the Fairway Road location after having fully investigated alternative sites. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 234 - AUGUST 10, 1992 PD 87/92 - FAIRWAY ROAD SOUTH - REVISED PROCESSING PROCEDURES - OPA & ZCA - FAIRWAY BEST MALL (NORMBAU 2000) - OPA 87/9 & ZCA 491871FIJG (PHILIP LAU) - OPA 88/12 & ZCA 881331FISF (ORFUS REALTY) (CONT'D) Alderman C. Zehr pointed out to the delegation that while the Traffic Studies would outline a solution to traffic problems currently existing on Fairway Road that actual road improvements to rectify these problems were a number of years from completion. Alderman Zehr questioned the impact of development given that the actual road improvements were to take place sometime in the future. Mr. T. McCabe also pointed out that in considering the requested change in use, it should be remembered that the City had an onus to protect the viability of existing plazas. Mr. Klapman commented that there were serious concerns respecting the impact of additional development on Fairway Road and that the results of the traffic studies would provide the feedback necessary to properly consider the request. No other delegations responded to the Chairman's invitation to address the committee on this matter. Moved by Alderman C. Zehr Seconded by Mayor D.V. Cardillo That Kitchener City Council direct staff to proceed to process a concurrent Official Plan Amendment and Zone Change Application concerning the possibility of locating a large retail store in the Fairway Best Mall located at 589 Fairway Road, in conjunction with the Fairway Road-River Road Traffic Study and a City-initiated Official Plan Amendment incorporating a special policy covering the Fairway Rd. study area and outlining the specific transportation improvements to be implemented prior to the consideration of OPA and ZC applications for additional convenience commercial, retail and office development on Fairway Rd., with the clear understanding that such processing does not imply acceptance or refusal of the applications, should such applications be submitted by the mall owner- Normbau 2000. That Kitchener City Council modify Recommendations 1.1 and 1.2 contained in Staff Report PD 48/90 as adopted by Council on April 9, 1990 as follows: 2.1.1 That concurrent Official Plan Amendment Application 87/9 and Zone Change Application 49/87/F/JG (Philips Lau) be processed in conjunction with the Fairway Road - River Road Traffic Study and a City-initiated Official Plan Amendment incorporating a special policy covering the Fairway Rd. study area which outlines the specific transportation improvements to be implemented prior to the consideration of OPA and ZC applications for additional convenience commercial, retail and office development on Fairway Rd., with the clear understanding that such processing does not imply acceptance or refusal of the applications." 2.1.2 That concurrent Official Plan Amendment Application 88/12 and Zone Change Application 88/33/F/SF (Orfus Realty) be processed in conjunction with the Fairway Road-River Road Traffic Study and a City-initiated Official Plan Amendment incorporating a special policy covering the Fairway Rd. study area which outlines the specific transportation improvements to be implemented prior to the consideration of OPA and ZC applications for additional convenience commercial, retail and office development on Fairway Rd., with the clear understanding that such processing does not imply acceptance or refusal of the applications. PD 87/92 - FAIRWAY ROAD SOUTH - REVISED PROCESSING PROCEDURES - OPA & ZCA - FAIRWAY BEST MALL (NORMBAU 2000) - OPA 87/9 & ZCA 491871FIJG (PHILIP LAU) - OPA 88/12 & ZCA 881331FISF (ORFUS REALTY) (CONT'D) PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 235 - AUGUST 10, 1992 Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, August 17, 1992. PD 83/92 - DEPARTMENT INITIATIVES TO IMPROVE ENFORCEMENT AND - RESULTS OF OCTOBER 1991 ENFORCEMENT SESSION The Committee was in receipt of Staff Report PD 83/92 dated August 5, 1992 proposing recommendations relative to By-Law Enforcement. Alderman J. Ziegler advised the Committee that the City's Legal Department has requested that this matter be deferred to allow for their department to present their concerns which they have asked be discussed in a Caucus session of the Committee on September 14th prior to its regular meeting. Moved by Alderman C. Zehr Seconded by Alderman B. Stortz That consideration of Planning and Development Staff Report PD 83/92 (By-Law Enforcement) be deferred and referred to a CAUCUS meeting of the Planning and Economic Development Committee on September 14, 1992. Carried PD 60~92 - 59-61 LANG CRESCENT - ZONE CHANGE APPLICATION 911341LIJW (VIOLET DORSCHT) - BRIDGEPORT-NORTH WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from Violet Dorscht to change the zoning of lands known municipally as 59-61 Lang Crescent. The proposed zoning change is from Restricted Residential (R2B) according to By-Law 85 to Semi-Restricted Residential (R2B) with a special list of uses and special regulations according to By-Law 4830. In this regard the Committee considered Staff Report PD 60/92 dated July 6, 1992 and the proposed By-Law dated July 8, 1992 attached to the report. It was noted in the report that the subject lands have approximately 2,780 square meters (29,924.6 square feet) lot area and have a lot frontage of 30.48 meters (100 feet) along Lang Crescent. The applicant intends to rezone the subject lands to permit the development of a portion of the lands for residential purposes which are then intended to be severed. 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 and noted that special regulations in the proposed By-Law would limit the extent of redevelopment. Mr. McCabe requested that the Committee revise Clause #3 of the by-law by partially rewording it to allow a maximum of one duplex, semi-detached or triplex dwelling on the lot and delete reference to a maximum of two single family. Mr. A.G. Menard, 63 Lang Crescent, appeared as a delegation and advised that his property was adjacent to the subject property, the current use of which has been an aggravation to his family for many years. He noted that over the years various businesses have located in the subject property and pointed out that the staff report was inaccurate in respect to its reference to the auto repair business as the body shop was not located where the welding business was within the building. PD 60~92 - 59-61 LANG CRESCENT - ZONE CHANGE APPLICATION 911341LIJW (VIOLET DORSCHT) - BRIDGEPORT-NORTH WARD (CONT'D) Ms. Debbie Kroetsch, R.R.#1 St. Agatha, appeared as a delegation along with Mr. Menard, her PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 236 - AUGUST 10, 1992 father, and referred to Schedule A attached to the report. She pointed out that it revealed the area to be predominantly single family dwellings and questioned why a triplex was being proposed especially since frontage and side yard requirements were inadequate. Mr. T. McCabe pointed out that the size of the lot would allow for development of three triplexes and that the Official Plan would permit it. Ms. Kroetsch stated that she was concerned for the precedent that this development would set and that the reduction of the side yard requirement for the proposed triplex was of concern to her father. She questioned what assurances could be given regarding the removal of the existing businesses. Mr. T. McCabe stated that if the proposed By-Law does not recognize business uses, enforcement steps would be taken in that regard. Ms. Kroetsch also stated that she was concerned that contaminated soil may exist on the subject property as a result of the many business uses that have taken place over the years. Mr. T. McCabe advised that as part of the severance process a request could be made for an assessment of any environmental hazard existing on the subject land. Finally, Ms. Kroetsch requested that if the application was approved that she and her father be given notice of the passing of the By-Law. Mr. Richard Hardie appeared as a delegation on behalf of the applicant and pointed out that there had been an ongoing dispute over many years between the applicant and his neighbours. He indicated that the applicant was not aware that some of the business operations were illegal and at this point simply wished to find tear down these income-producing properties and replace them with residential uses. He noted that he had investigated the possibility of acquiring additional land from abutting neighbours so as to allow for the development of a cul-de-sac but none were interested in selling off any of their lands. In summary, he stated that the application was a compatible proposal to the uses within the area. No other delegations responded to the Chairman's invitation to address the Committee on this matter. The Committee considered the recommendations in the staff report which they agreed to along with the revision to the proposed By-Law requested by Mr. T. McCabe. The recommendations, as revised, were then considered. Moved by Alderman J. Smola Seconded by Alderman M. Wagner That Zone Change Application 91/34/L/JW (Violet Dorscht) requesting a change in zoning from Restricted Residential (R2B) according to By-law 85 to Semi-Restricted Residential (R2B) with a special list of uses and special regulations according to By-law 4830 on Part Lot 59, G.C.T., be approved, in the form shown in the Proposed By-law attached and dated July 8, 1992, as revised August 10, 1992 so as to provide that Clause 3 be reworded to allow a maximum of one duplex, semi-detached or triplex dwelling on the lot, subject to the following conditions being satisfied prior to any readings of the amending zoning by-law by Council. 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. 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 the Zone Change Application 91/34/L/JW by resolution. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. PD 60~92 - 59-61 LANG CRESCENT - ZONE CHANGE APPLICATION 911341LIJW (VIOLET DORSCHT) - BRIDGEPORT-NORTH WARD (CONT'D) It is the opinion of this Committee that 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, August 17, 1992. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 237 - AUGUST 10, 1992 Following the vote it was pointed out to Mr. Hardie that it will be necessary for the applicant to give the business tenants notice to vacate the premises since the business uses were illegal. PD 65~92 - 26 HOWE DRIVE - ZONE CHANGE APPLICATION 921141HIZJ (J & M WHETSTONE) - SOUTH WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from Jay and Marlies Whetstone to change the zoning of lands known municipally as 26 Howe Drive. The proposed zoning change is from Agricultural (A) according to Township of Waterloo By-Law 878A to Semi-Restricted Residential (R2B) and Park, Public Open Space (P) according to By-Law 4830. In this regard the Committee considered staff report PD 65/92 dated July 8, 1992 and the proposed By-Law dated July 2, 1992 attached to the report. It was noted in the report that the subject land was located on the north side of Howe Drive backing onto the Conestoga Parkway near the end of the bulb turnaround and had a lot area of approximately .30 hectares (.75 acres) and a frontage of 60.96 metres (200 feet). The applicant intends to rezone the subject lands to permit the development of four semi-detached units on two proposed severed lots. 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 he had nothing further to add to the report under consideration other than to point out that the only issue that might be of contention was the extension of the trail link. Mr. Z. Janecki advised that a park dedication of 29% was proposed to accommodate the trail link but that the 5% park dedication formula would actually apply with the difference being refunded to the applicant. Ms. Marlies Whetstone was in attendance and indicated her concurrence with the staff recommendation. No other delegations responded to the Chairman's invitation to address the Committee on this matter. Alderman T. Galloway questioned if the drainage concern of Mr. Wetlaufer had been dealt with and Mr. Z. Janecki advised that the required grading control as part of the building permit process would address this concern. Moved by Alderman C. Zehr Seconded by Alderman T. Galloway That Zone Change Application 92/14/HIZJ (Jay & Marlies Whetstone) requesting a change in zoning from Agricultural (A) according to Township of Waterloo Township 878A to Semi-Restricted Residential (R2B) and Park, Public Open Space (P) according to By-law 4830, on Part of Lot 48, German Company Tract, be approved, in the form shown in the proposed by-law attached, dated July 2, 1992, subject to the following conditions being satisfied prior to any readings of the Amending Zoning By-law by Council. PD 65~92 - 26 HOWE DRIVE - ZONE CHANGE APPLICATION 921141HIZJ (J & M WHETSTONE) - SOUTH WARD (CONT'D) 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. The Owner acknowledges that Condition 1 hereof is required to be satisfied no later than seven (7) months from the date of Council having approved by resolution, the amending zoning by-law relative to the Zone Change Application 92/14/H/ZJ. In the event this requirement is not satisfied within the seven month period, Council shall consider PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 238 - AUGUST 10, 1992 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, August 17, 1992. PD 72~92 - GLASGOW STREET/FISCHER-HALLMAN ROAD - GLASGOW STREET EXTENSION/UNIVERSITY AVENUE - ZONE CHANGE APPLICATION 921251TCIJG (CITY OF KITCHENER) - WEST WARD AN D - 35 KILBIRNIE COURT - ZONE CHANGE APPLICATION 921271TCIJG (CITY OF KITCHENER) - SOUTH WARD The Committee was advised that the Department of Planning and Development initiated an amendment to By-Law 85-1 relative to two parcels of land and an amendment to By-Law 4830 relative to 35 Kilbirnie Court. The proposed amendment to By-Law 85-1 would change the zoning of lands at Glasgow Street/Fischer-Hallman Road from Community Institutional (I-2) to Community Institutional (I-2) with special use provision 120U. Also the other proposed amendment to By-Law 85-1 would change the zoning of lands at the Glasgow Street Extension/University Avenue from Neighbourhood Institutional (I-1 to Neighbourhood Institutional (I-1) with special use provision 119U. The proposed amendment to By-Law 4830 would change the zoning of lands known municipally as 35 Kilbirnie Court from Restricted Residential (R2A) to Restricted Residential (R2A) with a restriction of use. In this regard the Committee considered staff report PD 72/92 dated July 20, 1992 and a proposed By-Law dated July 2, 1992 to amend By-Law 85-1 and an additional proposed By-Law dated July 14, 1992 to amend By-Law 4830 and 92-57. 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 other than to point out that both zone changes had been initiated to address appeals to zoning by-laws passed on March 9, 1992 as part of the institutional stage of the City's Comprehensive By-Law. These matters were documented in the staff report. In regard to 35 Kilbirnie Court, Mr. McCabe pointed out that the effect would be to still allow group homes but restrict the facility as to a certain type of group home. The Committee was provided with a letter dated June 23, 1992 signed by the residents of Kilbirnie Court advising that they intend to withdraw the appeal launched by them regarding By-Law 92-57. PD 72~92 - GLASGOW STREET/FISCHER-HALLMAN ROAD - GLASGOW STREET EXTENSION/UNIVERSITY AVENUE - ZONE CHANGE APPLICATION 921251TCIJG (CITY OF KITCHENER) - WEST WARD AN D - 35 KILBIRNIE COURT - ZONE CHANGE APPLICATION 921271TCIJG (CITY OF KITCHENER) - SOUTH WARD (CONT'D) Mr. Rod Fortune appeared as a delegation representing Monarch Construction to advise that they were in support of the recommendations in the staff report. No other delegations responded to the Chairman's invitation to address the Committee on this matter. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 239 - AUGUST 10, 1992 Moved by Alderman B. Stortz Seconded by Alderman M. Wagner A) That Zone Change Application 92/25/TC/JG (City of Kitchener) changing the zoning from Community Institutional (C-2) to Community Institutional (I-2) with a special use provision on Part of Lot 34, German Company Tract, more particularly described as Blocks 56,57,58 and 61 of Registered Plan 1625 and changing the zoning from Neighbourhood Institutional (I-1) to Neighbourhood Institutional (I-1) with a special use provision according to By-law 85-1, on Part Lot 33, German Company Tract, more particularly described as Part 3, Plan 58R-5148, be approved without conditions, in the form shown in the proposed By-law attached, dated July 2, 1992. It is the opinion of this Committee that approval of this application is proper planning for the City. B) That Zone Change Application 92/27/TC/JG (City of Kitchener) changing the zoning from Restricted Residential (R2A) to Restricted Residential (R2A) with a restriction of use according to By-law 4830, on Lot 48, Registered Plan 1640, be approved without conditions, in the form shown in the proposed By-law attached, dated July 14, 1992. It is the opinion of this Committee that approval 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 Monday, August 17, 1992. PD 79~92 - CITY OF KITCHENER RESPONSE TO THE PROPOSED PRIVATE SERVICING AMENDMENT TO THE REGIONAL OFFICIAL POLICIES PLAN The Committee was in receipt of staff report PD 79/92 dated July 27, 1992 dealing with Kitchener's response to the proposed private servicing amendment to the Regional Official Policies Plan initiated by the Regional Municipality of Waterloo. Staff recommend that the Region be asked to defer consideration of the amendment until after the Region has completed its visioning exercise and selected a vision for the future. Mr. S. Klapman stated that a number of major, significant decisions were being assumed by the Region and recommended that before the City becomes involved there should be more understanding of the Region's vision and accordingly the entire matter was premature. Mr. Paul Grespan appeared as a delegation on behalf of Hallman Brierdale to express support for the staff recommendation that the Region defer this matter. He referred the Committee to letters dated July 30, 1992, December 11, 1991, and September 12, 1991 from Mr. L. Hallman that were distributed to the Committee this date and explained the position of Hallman Brierdale Limited regarding Regional Private Services Amendment. PD 79~92 - CITY OF KITCHENER RESPONSE TO THE PROPOSED PRIVATE SERVICING AMENDMENT TO THE ROPP (CONT'D) The letter from Mr. Hallman requests that the Regional Private Services Amendment and the Grand River Trunk Study be deferred as they were premature. Mr. Grespan asked that the City's Public Works Department be requested to determine if any capacity was available within Kitchener's existing sanitary system as a first step. Mr. D. Suzuki advised that the Breslau servicing report prepared by Proctor and Redfern has been discussed and that the Region had requested Proctor and Redfern to find additional capacity in the City of Kitchener system. Kitchener staff intend to examine the matter further as to how much area could be serviced and what location a pipe route would follow and present a request to hire a consultant at the next Finance and Administration Committee meeting. Mr. T. McCabe commented that the City's first obligation was to attempt to find a local solution to the servicing issue and whether a solution could be found for some or all of the Grand River South PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 240 - AUGUST 10, 1992 lands that would address the needs for Kitchener. Moved by Alderman C. Zehr Seconded by Alderman T. Galloway That Kitchener's City Council requests the Regional Council of Waterloo to defer consideration of the Private Servicing Amendment of the Regional Official Policies Plan until after the Region has completed its visioning exercise and selected a vision for the future. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, August 17, 1992. PD 73~92 - KING STREET/CHARLES STREET/MADISON AVENUE/CAMERON STREET - ZONE CHANGE APPLICATION 90/Z/KL/CL - RESCINDING OF ZONE CHANGE APPROVAL - VICTORIA PARK WARD The Committee was in receipt of staff report PD 73/92 dated July 17, 1992 advising that the Fercan Development Corporation Zone Change received approval in principle on November 26, 1990 and that two extensions to fulfil conditions have since been given. Staff advised that there is no indication that the zone change or development is proceeding and recommend that no further extensions be granted. Mr. T. McCabe advised that the property is under Power of Sale at this time and all mail has been returned to the City. Moved by Alderman B. Stortz Seconded by Alderman G. Lorentz That Kitchener Council rescind approval of Zone Change Application 90/2/K/CL (Fercan Development Corporation) King Street/Charles Street/Madison Avenue/Cameron Street. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, August 17, 1992. 9. PD 75~92 - TABLING OF 1992 MUNICIPAL HOUSING STATEMENT UPDATE The Committee was in receipt of Planning and Development Staff Report PD 75/92 dated July 21, 1992 which was attached to Kitchener's Municipal Housing Statement. It was noted that the document was the result of three years of study and research and that the conclusions and recommendations are closely tied to and will be implemented through both the Official Planning Review and the development of the new PD 75~92 - TABLING OF 1992 MUNICIPAL HOUSING STATEMENT UPDATE (CONT'D) comprehensive residential zoning by-law. The intention is to table the report at this time and staff request the opportunity to present and discuss the report in detail at a meeting early in the fall 1992. Mr. N. Dobbing advised that he had no comment to make with respect to the report at this time. Moved by Alderman B. Stortz Seconded by Alderman M. Wagner That the 1992 Municipal Housing Statement Update be tabled for public consideration and review, further, That one hour be set aside at an upcoming meeting of the Planning and Economic Development PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 241 - AUGUST 10, 1992 Committee to review and discuss the Municipal Housing Statement Update, and further That Housing Division staff should be available during the Fall to attend meetings of any local community associations which are interested in discussing the Municipal Housing Statement Update. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, August 17, 1992. 10. PD78/92 STAFF PROPOSAL FOR A RESPONSE TO THE PROVINCIAL CONSULTATION PAPER, "APARTMENTS IN HOUSES" The Committee was in receipt of Planning and Development Staff Report PD 78/92 dated July 30, 1992 which advised that the Ministries of Housing and Municipal Affairs have recently released a draft of proposed legislation dealing mainly with the creation of apartments in houses and with granny flats or garden suites. The province is requesting submissions to the Paper by August 31, 1992. Alderman C. Zehr stated that the provincial request for a response by August 31st was totally inappropriate and recommended that the Committee not deal with the matter and that the province be advised that the deadline should be extended to allow for adequate response time. In addition he suggested that the staff report PD 78/92 should be circulated more widely so as to gather public input before the matter is considered by the Committee. Alderman J. Ziegler recommended that the City circulate a summary of the provincial proposal and invite the public to contact their local M.P.P. regarding the provincial consultation paper. Moved by Alderman B. Stortz Seconded by Alderman M. Wagner That consideration of a response by the City of Kitchener to the Provincial consultation paper "Apartments in Houses" be deferred and the Ministries of Housing and Municipal Affairs be requested to approve an extension of their deadline for municipal response to the document so as to allow municipalities sufficient time for public input, debate and preparation of a formal response. Carried Moved by Alderman B. Stortz Seconded by Alderman M. Wagner That with regard to the Provincial consultation paper "Apartments in Houses", the Department of Planning and Development be instructed to prepare a covering letter and an outline in general terms describing what the Province is proposing and circulate this material along with staff report PD 78/92 for public input. 10. PD 78~92 CONSULTATION STAFF PROPOSAL FOR A RESPONSE TO THE PROVINCIAL PAPER, "APARTMENTS IN HOUSES" (CONT'D) And further, that at the September 14th meeting of the Planning and Economic Development Committee, a date be established to consider this matter. Carried The Chairman advised that these recommendations would be considered by City Council at its meeting on Monday, August 17, 1992. 11. PD 82~92 - ADDENDUM TO PD 40~92 AND PD 159/91 ENFORCEMENT AND FINAL CHANGES TO CITY'S PROPOSED NEW SIGN BY-LAW The Committee was in receipt of staff report PD 82/92 dated July 30, 1992 prepared to deal with enforcement issues and final changes to the City's new sign by-law before the by-law is PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 242 - AUGUST 10, 1992 considered by City Council. Mr. T. McCabe advised that the report addresses the concerns expressed by Mr. Paul Lawson of Lawson Signs regarding the prohibition of sidewalk signs outside the retail core and the Belmont Improvement Area. It was noted that staff agreed a grace period for existing legal sidewalk signs was appropriate. The other two recommendations in the staff report pertain to two issues remaining to be resolved and referred to staff as part of the Committee and Council's consideration of the new sign by-law. As a result of Council's decision to permit portable signs it was necessary for staff to review the relaxed regulations for ground signs which were intended to take the place of portable signs and consequently the staff recommendation proposes a return to the basic existing regulations for ground signs with minor revisions. The final recommendation in the staff report deals with Council direction that staff meet with representatives of the real estate industry to review the proposed regulations for real estate signs and as a result the proposed regulations have been replaced with simplified regulations specifically for real estate signs as outlined in the staff report. Mr. P. Lawson appeared as a delegation with regards to the sidewalk signs and questioned what the reason was for prohibiting them. Mr. K. Tribby stated that originally they were considered appropriate for the downtown and the intent was to permit them in the downtown area but over the last ten years they have been increasingly used outside of the downtown area but areas outside of the downtown area already had the option to use portable signs. Mr. Dave Lamka, 43 Manor Drive, appeared as a delegation and presented a submission dated August 10, 1992 which expressed his concerns with respect to ground signs and enforcement and administration of the new sign by-law. In regard to ground signs, he requested that Item 680.11.22 of the existing regulations be included in the proposed new sign by-law. With regard to enforcement and administration Mr. Lamka made the following requests: that the City eliminate site plans from the permit process for portable signs, that the city ticket the sign user and remove the option left to staff to determine on a case specific basis, that the City incorporate measures into the new by-law that would allow businesses to cancel their permit time due to circumstances beyond their control and that wording be inserted into the new sign by-law that would allow each business to use their portable sign time allowed by the City on an adjoining lot with the lot owner's permission. After some discussion of the issue of third party advertising, a motion by Alderman G. Lorentz and seconded by Mayor D.V. Cardillo to allow businesses to place their portable signs on an adjoining lot with the lot owner's permission was voted on and lost. Moved by Alderman G. Lorentz Seconded by Mayor D. V. Cardillo 11. PD 82~92 - ADDENDUM TO PD 40~92 AND PD 159/91 ENFORCEMENT AND FINAL CHANGES TO CITY'S PROPOSED NEW SIGN BY-LAW (CONT'D) That full and active enforcement of the City's New Sign By-law commence September 1, 1992, provided however, that enforcement of the regulations which prohibit the use of "sidewalk signs" in areas of the City other than the Retail Core and the Belmont Improvement Area shall not commence until January 1, 1994, subject to any such signs being in full compliance with all other regulations of the By-law. That the regulations for "ground signs" in the final By-law to be enacted by Council on August 17, 1992 reflect the reinstatement of the existing regulations with regard to maximum sign height, sign area and location ahead of any building line setback. That the regulations for "real estate signs" in the final By-law to be enacted by Council reflect the revisions mutually agreed upon between the Department and representatives of the real estate industry, as detailed in Staff Report PD 82/92. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, August 17, 1992. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 243 - AUGUST 10, 1992 12. PD 76~92 - TABLING OF OPA 92/11 AND OPA 92/12 - POLICY REGARDING CONVERSION OF SINGLE DETACHED DWELLINGS TO TWO UNITS The Committee was in receipt of a letter dated August 4, 1992 from Mr. N. Dobbing and staff report PD 76/92 dated July 21, 1992 concerning policy regarding the conversion of single detached dwellings to two units. In the covering letter, Mr. Dobbing pointed out it was staff's intention to table the reports only at this time so that they could be made public and request that the Committee consider the proposed Official Plan Amendments at a public meeting later in the fall of 1992. Mr. N. Dobbing advised that in 1991 policy respecting this matter was deferred and noted that PD 76/92 was tied to the other reports considered this date pertaining to housing matters. In view of the Committee's decision this date with respect to the other housing reports, he suggested that the Committee at its meeting of September 14, 1992 establish a date for consideration of this matter. Moved by Alderman T. Galloway Seconded by Mayor D.V. Cardillo That Official Plan Amendments OPA/92/11 (Second Dwellings in Single Detached Houses) and OPA/92/12 (Central Frederick Neighbourhood Secondary Plan - Second Dwellings in Single Detached Houses), dealing with the conversion of single detached dwellings to two units, be tabled for consideration at a future meeting of Planning and Economic Development Committee, the date of such meeting to be established at the Committee's September 14, 1992 meeting. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, August 17, 1992. 13. 13. PD 84/92 - SWIMMING POOL FENCING The Committee considered Planning and Development Staff Report PD 84/92 dated July 29, 1992 proposing that the requirements relative to swimming pool fencing be revised. It was noted in the report that the City had never specifically designated a minimum dimension for chain length fencing for pools as it was the intention to leave some discretion to the homeowner to meet the intent of the by-law. PD 84/92 - SWIMMING POOL FENCING (CONT'D) This issue was brought forward as a result of a written request dated July 22, 1992 from Alderman T. Galloway which proposed that current City pool fencing requirements be amended. Moved by Alderman T. Galloway Seconded by Alderman G. Lorentz That section 630.11.4 "Construction - Means of Entry" of "Article 11, Swimming Pools" of the Municipal Code be amended as follows: Every fence enclosing a swimming pool shall be constructed so that: a) it does not facilitate access to the swimming pool by climbing, crawling or any other way save as here on after set out, b) for chain link fencing installed after., the maximum size of the opening of the chain link shall not exceed 38 mm (1 1/2"), c) it has, as the only means of entry to the swimming pool, gates or doors which shall be: not less than five (5) feet in height above grade; ii) supported on substantial hinges; and PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 244 - AUGUST 10, 1992 iii) equipped with a locking device. B. That a section 630.11.8 be inserted as follows: 630.11.8 That for every swimming pool constructed after., existing chain link fencing exceeding the 38 mm (1 1/2") dimension, shall be replaced to meet the requirements of section 630.11.4 or a new enclosure installed to satisfy the requirements of section 630.11.4. C. That the Legal Department be instructed to prepare a by-law reflecting the new amendments to the Municipal Code for councils consideration. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, August 17, 1992. 14. ADJOURNMENT On motion, the meeting adjourned at 6:10 p.m. L. W. Neil, AMCT Assistant City Clerk