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HomeMy WebLinkAboutPlng & Econ Dev - 1993-05-03PED\1993-05-03 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES MAY 3, 1993 The Planning and Economic Development Committee met this date commencing at 3:12 p.m. under the Chairmanship of Alderman J. Ziegler with the following members present: Mayor D.V. Cardillo and Aldermen C. Weylie, M. Wagner, M. Yantzi, C. Zehr, T. Galloway, B. Stortz and G. Lorentz. Aldermen G.L. Leadston and J. Smola entered the meeting after its commencement. Officials Present: Mr. T. McKay, Mr. S. Klapman, Mr. B. Stanley, Mr. T. McCabe, Mr. J. Witmer, Ms. V. Gibaut, Mr. G. Borovilos, Ms. J. Yantzi, Mr. R. Mattice, Mr. J. Wallace, Mr. D. Mansell, Mr. J. Willmer, Mr. L. Bensason, Mr. P. Wetherup and Mr. L.W. Neil. 1. MINUTES Moved by Alderman G. Lorentz Seconded by Alderman T. Galloway That the Minutes of the Planning and Economic Development Committee meeting held on April 19, 1993, as mailed to the members, be accepted. Carried 2. CORRESPONDENCE - Nil HURON BUSINESS PARK MARKETING INITIATIVE The Committee was in receipt of a report dated April 28, 1993 from Ms. V. Gibaut dealing with a new and innovative marketing concept for City owned industrial land in Huron Business Park. It was noted in the report that the idea is to create small size lots within one larger parcel, serviced individually and to have model industrial buildings constructed which could then be offered to those business clients who prefer ownership and require a relatively small building. Ms. V. Gibaut commented on the opportunity that such innovative approach would create so as to generate some industrial land sales. Mr. J. Whitney advised that he had been working with the Economic Development Office in an attempt to develop a package that was different from what other communities were offering. In response to Alderman J. Ziegler, Mr. Whitney advised that the lots would be 1/2 acre with a minimum 75 foot frontage and the proposal would involve a package subdivision approach to building with a menu of upgrades to the building that purchasers could acquire as optional extras. Ms. V. Gibaut indicated that the sale price for the proposed lots would equate to the rate of $90,000.00 per acre. Some discussion of current pricing of industrial land took place and Ms. Gibaut noted that asking prices range from $100,000.00 to $120,000.00. Moved by Alderman G. Lorentz Seconded by Alderman T. Galloway That Council approve the Huron Business Park Marketing Initiative as it relates to the concept of creating individually serviced small sized industrial lots out of Site 130 in Huron Business Park. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, May 10, 1993. HAZARDOUS WASTE TRANSFER STATION - 260 SHOEMAKER STREET Alderman T. Galloway raised the matter of a proposed hazardous waste transfer station to be established in a current facility situated at 260 Shoemaker Street. He requested that members of Council be provided with a legal opinion on the appropriateness of the zoning relative to the intended use. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 85 - MAY 3, 1993 HAZARDOUS WASTE TRANSFER STATION - 260 SHOEMAKER STREET. (CONT'D) Mr. T. McKay indicated that Mr. J. Wallace, City Solicitor, could provide a response to this request prior to the May 10th Council Meeting. PD 10/93 - 904 QUEEN'S BOULEVARD - DEMOLITION CONTROL APPLICATION DC 92/9/RM - ST. MARY'S GENERAL HOSPITAL - ROCKWAY-ST. MARY'S WARD The Committee was in receipt of Planning and Development Staff Report PD 10/93 pertaining to a Demolition Application submitted by St. Mary's Hospital with respect to the property known as 904 Queen's Boulevard. The Committee was in receipt of a copy of a letter dated May 3, 1993 from Mr. G.G. Barr, Vice President, Finance and Administrative Services, St. Mary's General Hospital requesting that this matter be deferred as they were not in a position to respond to the staff report and recommendation at this time. In the letter, Mr. Barr indicates that the Hospital would request future consideration of the application at a mutually acceptable time. Moved by Alderman C. Zehr Seconded by Alderman G. Lorentz That consideration of Planning and Development Staff Report PD 10/93 pertaining to Demolition Control Application DC 92/9/RM (St. Mary's Hospital) requesting approval for the demolition of a single detached dwelling located at 904 Queen's Boulevard, be deferred until St. Mary's Hospital notifies planning staff when it wishes the Application to be dealt with. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, May 10, 1993. Alderman G.L. Leadston entered the meeting at this point. MR. R. CHRISTY - REQUEST FOR TEMPORARY OCCUPANCY - 81A WEBER STREET WEST - CANADIAN BIBLE SOCIETY (404251 ONTARIO LTD) Mr. R. Christy appeared as a delegation on behalf of the Canadian Bible Society to request an interpretation of uses permitted under the City's Zoning By-law pertaining to the property known municipally as 81A Weber Street West. Mr. Christy advised that the society has planned to move its operations from 150 Edna Street to larger premises on Weber Street formerly occupied by an electronics store. He indicated that when officials approached the City for clarification of the number of required parking spaces, they were told that retailing was prohibited. Alderman J. Smola entered the meeting at this point. Mr. Christy explained the nature of the operation which provides retailing of religious books to various religious denominations through a display and warehousing type operation with a small office component. He noted that the Weber Street location was considered to be an excellent one in terms of access and proximity to user markets and requested that the Committee interpret its Zoning By-law to allow the use and authorize issuance of an occupancy permit. If the Committee was unwilling to provide such interpretation, he requested permission to occupy the premises notwithstanding the By-law. Mr. T. McCabe advised that staff were unaware of this issue coming before the Committee this date for consideration. He stated that if the former electronics store was a legal non-conforming use then the proponent should be making application to the Committee of Adjustment and that temporary occupancy could be considered subject to a favourable decision by the Committee of Adjustment. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 86 - MAY 3, 1993 MR. R. CHRISTY - REQUEST FOR TEMPORARY OCCUPANCY - 81A WEBER STREET WEST - CANADIAN BIBLE SOCIETY (404251 ONTARIO LTD.) (CONT'D) Mr. Christy advised that an application has been made to the Committee of Adjustment in this regard. Mr. McCabe pointed out to Mr. Christy that if temporary occupancy was allowed it would be at the sole risk and responsibility of the owner if the application was not approved. Moved by Alderman G.L. Leadston Seconded by Alderman G. Lorentz That enforcement of the City's Zoning By-law be waived with respect to retail and warehousing of religious books at 81A Weber Street West and that temporary occupancy be approved, subject to the occupants vacating the said premises in the event that Committee of Adjustment Application #A48/93 submitted by the Canadian Bible Society on behalf of 404251 Ontario Limited is not approved by the Committee of Adjustment or the Ontario Municipal Board in a form which would permit the said uses, and further, That in the event of failure to vacate as required, the City's Zoning Inspector be directed to commence Notice of Action to remove the illegal uses and that any work done to the premises is at the sole risk and responsibility of the owner in the event losses are incurred if the Committee of Adjustment Application is not approved. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, May 10, 1993. PD 39~93 - 589 FAIRWAY ROAD SOUTH - OFFICIAL PLAN AMENDMENT APPLICATION 93/1 - ZONE CHANGE APPLICATION 93121FILB - 790072 ONTARIO LIMITED - FAIRVIEW WARD The Committee was advised that the Department of Planning and Development was in receipt of applications to amend the Official Plan and Zoning By-law submitted by 790072 Ontario Limited with respect to the property known municipally as 589 Fairway Road South. The purpose of the Official Plan Amendment is to revise the General Industrial Official Plan land use designation by adding a special policy to permit the sale and rental of sporting goods, books, toys, apparel, fashion accessories and musical equipment, supplies and accessories to a maximum aggregate gross leasable commercial space for all such uses of 1725 square metres. The proposed zoning change is from Service Industrial (M-3) with a special use provision to Service Industrial (M-3) with a new special use provision, all according to By-law 85-1. In this regard, the Committee considered Staff Report PD 39/93 dated March 25, 1993 and the Proposed By-law dated March 25, 1993 attached to the report. It was noted in the report that the purpose of these applications is to allow additional retail uses to occupy an existing shopping plaza. 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. L. Bensason presented the details of the amendment applications affecting 589 Fairway Road South on which a newly developed plaza is located. He then provided the Committee with an overview of recent history concerning this property and its relationship to the Fairway Road/River Road Traffic Study and the Retail Impact/Traffic Impact Analysis, all of which was detailed in the staff report. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 87 - MAY 3, 1993 PD 39~93 - 589 FAIRWAY ROAD SOUTH - OFFICIAL PLAN AMENDMENT APPLICATION 93/1 - ZONE CHANGE APPLICATION 93121FILB - 790072 ONTARIO LIMITED - FAIRVlEW WARD (CONT'D) Mr. H. Klaczkowski, Property Manager, Fairway Centre, 48 St. Clair Avenue West, Suite 1100, Toronto, appeared as a delegation on behalf of Canuck Properties & Fineway Properties, owners of the Plaza situated at 500 Fairway Road South opposite the property that is the subject of the amendment applications. Mr. Klaczkowski provided the Committee with a presentation of the contents of a letter dated May 3, 1993, which he later provided to the Committee Secretary. He expressed concerns with regard to conclusions reached respecting traffic issues and indicated that they intend to engage a planner to undertake a critical review of the traffic issue as they were not satisfied the subject has been addressed objectively. He also commented on the choice of January to compile data on retail activity, provision of only 2 points of ingress/egress at Fairway Road as being insufficient to handle high traffic volumes and present high volume traffic conditions on Fairway Road. In conclusion, he indicated that they were willing to work with City and Regional Staff to undertake a more objective traffic assessment. Mr. P. Britton, MacNaughton Hermsen Britton Clarkson Planning Limited, 171 Victoria Street North, appeared as a delegation on behalf of Metro Capital, owners of the Plaza situated at 385 Fairway Road South. Mr. Britton advised that his client supports the recommendations in Staff Report PD 39/93 and the methodology on which the traffic report of the BA Group was based. He advised that they also had a traffic report prepared in January that was updated in March and that their traffic count statistics substantiate the conclusions outlined in the report of the BA Group. Finally, he commented that he fully anticipates resolving the referral of Official Plan Amendment #135 to the Ontario Municipal Board through site specific processing of his clients application. Alderman J. Ziegler questioned if Mr. Britton's principals were prepared to assist in the cost of constructing a right turn lane and Mr. Britton advised that this was one of the matters that would be discussed at a meeting with Regional Staff. Mr. Neil Davis, 600-8 Nelson Street West, Brampton, appeared as a delegation on behalf of the applicant and commented that the uses proposed were appropriate. He acknowledged that traffic concerns were an issue and the developer has paid $200,000.00 towards future road improvements and noted that study has concluded that there would be no additional traffic impact from the additional retail uses requested. Further, he stated that the C6 and M3 zoning were very similar. In reference to the question of uses, he stated that the applicant was not looking for convenience retail or personal service uses. Mr. Edward Levy, BA Consulting Group, appeared as a delegation and advised that his firm has completed hundreds of traffic studies involving shopping plazas and that he was familiar with the City's M3 zoning. He advised that in actual fact the "Sports Experts" store has considerably lower traffic trip generations than a typical Canadian Tire store. He then commented on aspects of his February 16th report and the conclusion that a sports store of the size proposed would actually generate less traffic than a plaza of mixed uses and other M3 zone uses. No other delegations responded to the Chairman's invitation to address the Committee on this matter. Moved by Mayor D.V. Cardillo Seconded by Alderman T. Galloway That Official Plan Amendment Application 93/1 (790072 Ontario Limited) requesting an amendment to the Kitchener Official Plan from General Industrial to General Industrial with a special policy on lands described as Part of Lot 4, Registrar's Compiled Plan 1525, be approved. It is the opinion of this Committee that approval of this Official Plan Amendment is proper planning for the City. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 88 - MAY 3, 1993 PD 39~93 - 589 FAIRWAY ROAD SOUTH - OFFICIAL PLAN AMENDMENT APPLICATION 93/1 - ZONE CHANGE APPLICATION 93121FILB - 790072 ONTARIO LIMITED - FAIRVlEW WARD (CONT'D) That Zone Change Application 93/2/F/LB (790072 Ontario Limited) requesting a change in zoning from Service Industrial (M-3) with a special use provision to Service Industrial (M-3) with a new special use provision, all according to By-law 85-1, on lands described as Part of Lot 4, Registrar's Compiled Plan 1525, be approved in the form shown in the Proposed By-law attached, dated March 25, 1993, subject to the following conditions being satisfied prior to any readings of the 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 zone change. The owner acknowledges that condition 1 hereof 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 93/2/F/LB 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 approval of this application is proper planning for the City and is in conformity with a recommended Amendment (589 Fairway Road South - 790072 Ontario Limited) to 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, May 10, 1993. PD 43~93 - BLOOMINGDALE ROAD/TOWNSHIP OF WOOLWICH BOUNDARY - KITCHENER'S RESPONSE TO TOWNSHIP OF WOOLWICH ZONE CHANGE APPLICATION 15/90 TO ALLOW A GRAVEL PIT - RAMA INVESTMENTS The Committee was in receipt of Planning and Development Staff Report PD 43/93 dated April 5, 1993, prepared as Kitchener's proposed response to Township of Woolwich Zone Change Application 15/90 submitted by Rama Investments to allow a gravel pit on a 23.4 hectare portion of a 57.6 hectare parcel of land located on Bloomingdale Road, east of the KitchenerANoolwich boundary. Mr. T. McCabe noted that the staff report outlines staff's position with respect to the Township Zone Change Application. Mr. J. Willmer advised the Committee that in response to a preliminary circulation by the Township of Woolwich of this Zone Change Application, a large number of Kitchener residents had responded. He noted that the report summarizes the concerns raised most frequently by neighbouring residents and sets out points that staff prepared in response to these concerns. He stated that staff feel that changes made to the plan for the pit, make the pit an appropriate use of land and that it was only the fourth phase of the pit that was closest to area residents but still allows for substantial separation between the gravel pit use and the residential use. He pointed out that the biggest issues of concern were the effect on the water table that the pit might have and the noise that the pit operation may create. Alderman T. Galloway raised questions with regard to rehabilitation of the site. Mr. J. Willmer advised that the City of Kitchener could not request the Minister to include conditions but could request the Township of Woolwich to do so and at the same time forward a copy of the request to the Ministry for its information. He noted that rehabilitation would involve progressive extraction with progressive rehabilitation. Also, he stated that it was his understanding a gravel crusher would not be required for this pit operation. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 89 - MAY 3, 1993 PD 43~93 - BLOOMINGDALE ROAD/TOWNSHIP OF WOOLWICH BOUNDARY - KITCHENER'S RESPONSE TO TOWNSHIP OF WOOLWICH ZONE CHANGE APPLICATION 15/90 TO ALLOW A GRAVEL PIT - RAMA INVESTMENTS (CONT'D) Mr. R. Hardie, Richard A. Hardie and Associates Inc., 500 Trillium Drive, Unit 14, appeared as a delegation on behalf of the applicant and indicated that he was aware of the concerns of the residents but emphasized that the proposed facility should not be considered as a typical gravel pit operation. In this regard, the depth of extraction would be very Iow from existing grade and the pit would involve only 40% of the site with the closest resident being located 114 metres distant from the last phase of the pit's operation. Further, he stated that the rezoning application for the site would be limited to the actual area of extraction and that rehabilitation would take place on a progressive basis. In summary, he stated that he was in agreement with the recommendations contained in the staff report. Alderman J. Ziegler questioned if it was possible for the area designated as the last phase (Phase 4) to be eliminated from the proposal. Mr. Hardie stated that the proposed pit was a small operation to begin with and elimination of Phase 4 would jeopardize the economic viability of the proposal. Alderman J. Smola questioned the applicant's intent relative to a use for the extracted gravel and on what routes truck haulage would take place. Mr. Hardie advised that the intent was to licence the gravel pit operation and sell the rights. He noted that Rama Investments had purchased the property since it was identified as containing gravel. Alderman J. Smola questioned if consideration was being given to future uses of the property after gravel extraction and Mr. Hardie advised that the Official Plan was currently being reviewed. Alderman G. Lorentz questioned if the truck haulage route would involve the gravel going easterly to a rural destination or whether it would be hauled on local roads and congest traffic at the Bridgeport bridge. Mr. R. Hardie advised that City and Regional Traffic Staff have stated that the matter of truck haulage was a minor concern. Further, he noted that the cost of haulage as to its distance is the greatest cost that impacts the gravel pit operation. Mr. T. McCabe questioned whether the gravel could be extracted faster than what has been indicated and suggested that one route might be a temporary by-law approach or a two year limitation on the operation of Phase 4 of the proposed pit. Mr. Ross Huehn, 19 Lark Street, presented and distributed a copy of a report dated May 3, 1993, that he and Mr. G. Goodwin had prepared. The report details reasoning for objections to the Township of Woolwich Zone Change Application. It deals specifically with issues pertaining to the wetland area, the water table and the gravel extraction proposal. In summary, the Committee was requested to support the 1970 Ontario Municipal Board decision which turned down a gravel pit application. Ms. Bonnie Stemman, 121 Schweitzer Street, advised that she was objecting on the basis of health concerns relating to possible respiratory ailments as a result of dust and increased noise levels from the gravel extraction operation. Further, she commented that berms were not a solution to the problem and that the proposed operation would be dangerous to children in the area given the depth of the pit, slope inclines and a location that was somewhat distant which would result in lengthy response times by emergency vehicles. Mr. Lorne Fleming, 175 Schweitzer Street, appeared as a delegation in objection to the zone change to express traffic safety concerns. He referred to issues of speed, existing volumes of traffic and congestion at the Bridgeport bridge. He stated that he did not agree that impact of the gravel extraction pit would be minimal as there was an estimate of truck traffic increasing by 50%. Further, it was noted that haulage would take place through morning and evening peak traffic hours. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 90 - MAY 3, 1993 PD 43~93 - BLOOMINGDALE ROAD/TOWNSHIP OF WOOLWICH BOUNDARY - KITCHENER'S RESPONSE TO TOWNSHIP OF WOOLWICH ZONE CHANGE APPLICATION 15/90 TO ALLOW A GRAVEL PIT - RAMA INVESTMENTS (CONT'D) Mr. Raimund Artl, 68 Daniel Avenue, appeared as a delegation in objection to the zone change and he commented that the Bleams Road gravel pit previously mentioned was far from any residential development and asked that Bridgeport residents receive the same protection by not allowing any pits closer than 500 metres to the closest residents. He made comments pertaining to the wetland being in the centre of the proposed pit, that a small berm would not alleviate the impact of the pit and suggested that the property be considered as a Way Side pit to source gravel for the new Highway 7 when constructed so as to avoid any gravel haulage on local streets. Ms. Sherrie Copland, 167 Schweitzer Street, appeared as a delegation in objection to the Zone Change Application. She advised that for the information of the City, she would submit the names and addresses of residents who attended the neighbourhood meeting that was held on Tuesday, April 13, 1993, regarding this matter. Ms. Copland presented and distributed a copy of a report that she and Ms. Linda Hayward had prepared. The report comments on the negative aspects of the proposal and details the extent and organization of neighbourhood response, the incompatibility of the proposed use adjacent to an existing residential area, questions relative to the intended long term use of the site as to a thrust for future development and duration of the gravel extraction operation with 5 years being far too long but with the distinct possibility that the operation could extend considerably longer. In summary, she stated that the residents were absolutely opposed to the proposal to extract gravel through the operation of a licenced pit for a possible indeterminate amount of time and that the negative impact on Kitchener residents out weighs the benefits of extracting gravel from the site. Accordingly, she requested that the City of Kitchener advise the Township of Woolwich that it is opposed to the rezoning application. Alderman C. Zehr questioned if the area to the east could be serviced from Kitchener to accommodate future development and Mr. D. Mansell advised that sanitary sewers were at the limit of the drainage boundary. Mr. B. Stanley mentioned that a few years ago several properties requested to be brought into the City of Kitchener as a rationalization of the existing boundary. The Committee agreed to hear Mr. Hardie's response to concerns expressed by the residents. He noted that the Ministry of the Environment sets out stringent regulations for dust control, that measures would be taken to fence the extraction pit, that there was no proposal for a major redevelopment following the gravel extraction and that a reserve fund would be utilized for progressive rehabilitation of the site. Alderman J. Smola stated that he could not support general purpose extraction of the gravel. Alderman G. Lorentz stated that he has concerns with traffic through Bridgeport and noted that a specific use of the gravel destined to an easterly location would be more acceptable. Alderman G.L. Leadston stated that he was opposed to haulage on local streets through Kitchener and Waterloo. Alderman T. Galloway stated that existing residents were too close to the proposed pit and pointed to the fact that no Environmental Impact Study was being required given that the property was contiguous to an existing ESPA. Finally he noted that the City of Kitchener in this instance was acting in the capacity of an agency that has been requested to provide its comments on an application being processed by another jurisdiction. Moved by Alderman J. Smola Seconded by Alderman G. Lorentz That the Township of Woolwich and the Ministry of Natural Resources be advised that with respect to Township of Woolwich Zone Change Application 90/15 (Rama Investments) to allow a gravel pit, the City of Kitchener position is that the application is premature and should not be approved for the following reasons: PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE -91 - MAY 3, 1993 PD 43~93 - BLOOMINGDALE ROAD/TOWNSHIP OF WOOLWICH BOUNDARY - KITCHENER'S RESPONSE TO TOWNSHIP OF WOOLWICH ZONE CHANGE APPLICATION 15/90 TO ALLOW A GRAVEL PIT - RAMA INVESTMENTS (CONT'D) That as there is no known destination for the extracted gravel, a truck haulage route may utilize Bloomingdale Road through Bridgeport, to the existing Bridgeport bridge over the Grand River and other city streets to reach highway routes adding to an inappropriate on- going safety hazard. That operations as planned in close proximity would negatively affect the use and enjoyment of a nearby residential subdivision. That the proposed pit could operate for an unlimited period of years thereby continuing to negatively affecting area residents. That due to the limited quantity of the aggregate resource in the proposed pit, the City of Kitchener does not consider this a sufficiently significant resource to warrant the expected impact on the adjacent residential community. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, May 10, 1993. HOMER WATSON BOULEVARD/MANITOU DRIVE - ACCESS TO BERKSHIRE PROPERTY RE OPA 91/15 AND ZCA 91/38/H/LB Alderman T. Galloway indicated that he wished to raise the question of access approval in relation to Official Plan Amendment Application 91/15 and Zone Change Application 91/38/H/LB which was considered by the Planning and Economic Development Committee and City Council on July 6 and 13, 1992 respectively. Alderman C. Weylie noted that Regional Staff would be bringing the matter to Regional Planning Committee in two weeks. Alderman T. Galloway suggested that a legal opinion be obtained on the process under which a decision was reached on the applications. Mr. T. McCabe advised that Regional Staff will be providing the City with a copy of their report and recommended that the matter could be discussed by Kitchener Planning and Economic Development Committee on May 17, 1993. Alderman J. Ziegler pointed out that the issue that was being raised was that traffic approvals that were given may have prejudiced the applications. He requested that staff prepare a summary report commenting on the process leading to consideration of the applications that could be considered along with the Regional staff report at the Committee's May 17th meeting. 10. ADJOURNMENT On motion, the meeting adjourned at 5:45 p.m. L.W. Neil, AMCT Assistant City Clerk