Loading...
HomeMy WebLinkAboutPlng & Econ Dev - 1993-11-29PED\1993-11-29 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 29, 1993 The Planning and Economic Development Committee met this date commencing at 6:45 p.m. under the Chairmanship of Councillor J. Ziegler with the following members present: Mayor D.V. Cardillo and Councillors B. Stortz, M. Wagner, M. Yantzi, J. Smola, G. Leadston, C. Zehr, T. Galloway, G. Lorentz and C. Weylie. Officials Present: Mr. T. McKay, Mr. S. Klapman, Mr. B. Stanley, Mr. J. Shivas, Mr. T. McCabe, Ms. C. Ladd, Mr. L. Masseo, Mr. L. Bensason, Mrs. L. Thompson, Mr. K. Curtis, Ms. S. Frenette and Mr. L.W. Neil. Councillor J. Ziegler announced that the meeting this date was the official public hearing required under the Planning Act. Mr. T. McCabe advised that the Committee was being requested to consider 10 Official Plan Amendments and a Zoning Amendment known as Stage 6 of Comprehensive Zoning By-law 85-1. PD 113/93 - OFFICIAL PLAN AMENDMENT OPA 93~9. - HOLDING PROVISIONS FOR ENVIRONMENTAL REMEDIATION & CLEAN-UP. The Committee was in receipt of Planning and Development Staff Report PD 113/93 regarding Official Plan Amendment 93/9 that deals with adoption of holding provisions for environmental remediation and clean-up. It was noted in the report that the purpose of this Amendment is to introduce holding provisions to the City's Official Plan for the purpose of requiring environmental remediation and clean-up on sites where contamination may have occurred and there is a potential for risk to human and environmental health prior to use of the lands for residential purposes. 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 the Committee that it was important this matter be considered prior to consideration of Zone Change Application 92/26/TC/CL pertaining to Stage 6 of the Comprehensive Zoning By-law. Mr. L. Masseo explained the purpose of the Amendment and noted that it would allow the City to place residential zoning on lands with the holding provision then allowing for clean-up. Councillor T. Galloway questioned if there was a circulation requirement pertaining to lands that might be affected. Mr. L. Masseo replied that there were two sites within the inner City that would have been affected but were removed from the application, those being 1 Adam Street and lands of Thomasfield situate at Stirling Avenue/Homer Watson Boulevard. Mr. T. McCabe confirmed that the proposed Zoning By-law had also included the Thomasfield lands but following discussions these lands were removed from the proposed By-law. No delegations responded to the Chairman's invitation to address the Committee on this matter. On motion by Councillor C.M. Weylie, it was resolved: "That City Council approve Official Plan Amendment Application 93~9, being an amendment to the Kitchener Official Plan to adopt holding provisions for environmental remediation and clean-up, as listed herein and the By-law implementing same be approved, namely: SECTION 4 - THE AMENDMENT The Official Plan for the City of Kitchener is hereby Amended as follows: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 205 - NOVEMBER 29, 1993 PD 113/93 - OFFICIAL PLAN AMENDMENT OPA 93~93. - HOLDING PROVISIONS FOR ENVIRONMENTAL REMEDIATION & CLEAN-UP. (CONT'D) 1. By adding the following policies to Section IV of the Plan as a new Section IV.20, "Holding Provisions - Environmental Remediation and Clean-up": "20. HOLDING PROVISIONS- ENVIRONMENTAL REMEDIATION AND CLEAN-UP Introduction The policies of this Section enable the City of Kitchener to zone lands for future urban uses where there is a potential risk to human or environmental health by reason of the presence of contaminants. In certain instances, based on land use planning considerations, former industrial sites, lands fill sites or other potentially hazardous sites may be designated and zoned for urban purposes pending the fulfilment of specific conditions for environmental remediation and clean-up. Policies Holding provisions may be applied by the Municipality on lands which may have been or may become contaminated and pose a risk to human and environmental health. The contamination of such lands may be due to the existence, either past or present, of such uses or facilities as; transportation or utility corridors; landfill, incinerator or other waste disposal sites; lands affected by the presence of landfill generated gases, particularly the production and migration of methane gas; sites affected by the presence of coal tar deposits; sewage treatment plants; or industrial uses. ii) Use of the holding provision in conjunction with passage of a zoning by-law amendment may be appropriate following the submission and acceptance by the Ministry of Environment and Energy of a site environmental audit which shall be prepared for all lands which may be contaminated and pose a risk to human and environmental health. An environmental audit shall consist of documentation of past and present uses of the lands as well as a professional analysis of all soils, ground waters and surface waters. Where the environmental audit identifies the presence of contaminants above acceptable concentrations established by the province, the proponent shall be required to undertake a site clean-up process and a remedial action program in accordance with the Ministry of Environment and Energy's "Guidelines for the Decommissioning and Clean-up of Sites in Ontario". The holding symbol may be removed upon notification from the Ministry of Environment and Energy that a verification sampling program has been completed, and that the site has been made suitable for the proposed new use." It is the opinion of this Committee that the approval of this Amendment is proper planning for the City. The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, December 13, 1993. PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. The Committee was in receipt of Planning and Development Staff Report PD 104/93 dated October 25, 1993 dealing with 9 Official Plan Amendment Applications and a Zone Change Application that would implement Stage 6 of the Comprehensive Zoning By-law. Reports for each of the Official Plan Amendment Applications and the proposed Zoning By-law dated November 5, 1993 were attached to Staff Report PD 104/93. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 206 - NOVEMBER 29, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 - ADDENDUM TO PD 104/93. (CONT'D) The Committee was also in receipt of Planning and Development Staff Report PD 117/93 dated November 22, 1993 prepared as an Addendum to Staff Report PD 104/93. The Addendum report proposes several revisions to some of the Official Plan Amendments (ePA 92/17, 92/23, 92/18, 88/7 and 93/4) and to the Zoning By-law under consideration. Also under Memorandum dated November 26, 1993 from Ms. C. Ladd, the Committee was provided with a new set of Zoning Maps for Stage 6 of the Comprehensive Zoning By-law which replace all of the maps originally attached to the proposed Zoning By-law included with Staff Report PD 104/93. The Zoning Maps included with the original material were incorrect as a result of an error by the printing company and a letter of apology from M & T Insta-Print was attached for the Committee's information. In summary, the matters under consideration by the Committee as contained in the Staff Reports PD 104/93 and PD 117/93 are as follows: NEW SECONDARY PLANS A) OPA 88/7 Mill CourtlandANoodside Park Neighbourhood Secondary Plan B) ePA 88/9 North Ward Neighbourhood Secondary Plan C) OPA 92/14 King Street East Neighbourhood Secondary Plan AMENDMENTS TO EXISTING SECONDARY PLANS D) OPA 92/15 Cedar Hill Neighbourhood Secondary Plan Stage 6 Amendment E) OPA 92/16 Central Frederick Neighbourhood Secondary Plan Stage 6 Amendment F) OPA 92/17 Victoria Park Neighbourhood Secondary Plan 5 Year Review G) OPA 92/18 K-W Hospital Neighbourhood Secondary Plan 5 Year Review H) OPA 92/23 Victoria Street Secondary Plan Stage 6 Amendment. I) ePA 93/4 Civic Centre Neighbourhood Secondary Plan 5 Year Review ZONING BY-LAW AMENDMENT J) Zone Change Application 92/26/TC/CL -Stage 6 of the Comprehensive Zoning By-law. (Residential, Mixed Use and Existing Use Zones). It was pointed out that notice that the Committee would hold a public meeting this date to consider these matters had previously been given. Ms. C. Ladd introduced Staff Reports PD 104/93 and PD 117/93 and commented on the revised Zoning Maps that were distributed with her November 26th Memorandum. Ms. Ladd advised that she wished to propose 2 other revisions relative to the staff reports. The first revision concerns property at 55 & 69 Joseph Street relative to the Victoria Park Neighbourhood Secondary Plan and the Zoning By-law. She asked that the Secondary Plan be changed from Convenience Commercial to Medium Density Multiple Residential with a special use and Holding Policy and that the Zoning By-law be changed from C-1 to R-8 with a special use provision for Service Station and a special Holding provision. Ms. Ladd commented that this revision resulted from discussions with Mr. P. Mancini. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 207 - NOVEMBER 29, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 - ADDENDUM TO PD 104/93. (CONT'D) The second revision requested by Ms. Ladd relates to the Knell's Hardware and CP lands within the Victoria Park Neighbourhood Secondary Plan. It involves a minor revision to the floodplain to incorporate a Two-Zone Floodplain Policy and results in a slight shift of zoning that expands the R-7 Zoning. The following reports were then introduced and commented on by staff. A. OPA 88/7 - Mill Courtland/VVoodside Park Neighbourhood Secondary Plan. The purpose of this Amendment is to establish detailed Official Plan policies which will form the primary component of a Secondary Plan for the Mill Courtland/VVoodside Park Neighbourhood. Mr. L. Masseo with overhead projection illustrated the boundaries of the Plan and summarized the main thrust of the Plan as follows: Maintains the existing Low Density Residential character of the neighbourhood while providing opportunities for higher density redevelopment in appropriate locations. Provides greater opportunity for Mixed Commercial-Residential development along major corridors. * Reduces the potential conflict between Industrial and Residential land uses. Provides long term security for existing industrial operations by establishing clear boundaries between Industrial and Residential land uses. Implements a two zone flood plain policy area concept for the flood plains of Schneider and Shoemaker Creeks. Mr. Masseo pointed out that Mill Street would be downgraded from a Primary to a Secondary Road status and a portion of Highland Road would be upgraded. He also referred to the proposed Queen/Benton diversion and described and illustrated designations proposed within the Plan. B. OPA 88/9 - North Ward Neiqhbourhood Secondary Plan. The purpose of this amendment is to establish a Secondary Plan for the North Ward Neighbourhood which will provide a formal set of objectives and planning policies concerning the nature and extent of future development in the North Ward Neighbourhood. Mr. K. Curtis with overhead projection illustrated the boundaries of the Plan and summarized the main thrust of the Plan as follows: Retain the neighbourhood as a compact, mixed-use area which includes Residential, Business and Open Space land uses. * Recognize and preserve the existing stock of affordable housing. Preserve inner-city employment opportunities and promote greater compatibility between business and residential areas through the use of the General Industrial designation. Recognize the potential for future office development at the K-W Expressway Wellington Street interchange. Mr. Curtis noted that issues within this neighbourhood were similar to those of the Mill Courtland area and he described and illustrated designations proposed within the Plan. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 208 - NOVEMBER 29, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 - ADDENDUM TO PD 104/93. (CONT'D) C. OPA 92/14 - Kinq Street East Neiqhbourhood Secondary Plan The purpose of this Amendment is to establish a Secondary Plan for the King Street East neighbourhood which will redesignate and refine the land use designations on Map 1 "Plan for Land Use" of the Kitchener Official Plan as shown on the Schedule "A" attached to the report. The Secondary Plan provides a formal set of objectives and planning policies which will determine the nature and extent of redevelopment in the King Street East neighbourhood. Ms. C. Ladd with overhead projection illustrated the boundaries of the Plan and summarized the main thrust of the Plan as follows: * This plan encompasses Special Policy Area 1, Area 2 and a portion of the East Market. King Street East is designated for High Density Mixed Commercial-Residential development. Weber Street is designated for Low Density Mixed Commercial-Residential development. * Ottawa Street will remain Neighbourhood Commercial. * Lands between King and Weber Streets are proposed for Low Density Conservation. * The Sheldon Avenue area is proposed for Medium Density residential. Ms. Ladd commented on 4 major areas within the Plan and described and illustrated designations proposed within the Plan. With regard to the remaining Amendment reports to existing Secondary Plans, Ms. Ladd commented that a number of revisions have been undertaken to these Plans that change terminology and ensure consistency between the Plans with respect to uses and she pointed out that these revisions do not change the intent of the Plans. D. OPA 92/15 - Cedar Hill Neighbourhood Secondary Plan Stage 6 Amendment The purpose of this Amendment is to undertake a number of revisions, both of a housekeeping nature and some of a more substantive nature, in order to ensure consistency between all Secondary Plans with respect to new changes in terminology and current planning directions. Ms. C. Ladd with overhead projection illustrated the boundaries of the Plan and summarized the main thrust of the Plan as follows: The extent of the "High Density Multiple Residential" land use designation was reviewed and much of this area was redesignated for "Medium Density Multiple Residential" and "Low Density Multiple Residential". She then described and illustrated the designations within the Plan and referred to an error on the mapping of the original report. E. OPA 92/16 - Central Frederick Neighbourhood Secondary Plan Stage 6 Amendment The purpose of the Amendment is to undertake a number of housekeeping revisions in order to ensure consistency between all the Secondary Plans and also to make them consistent with the Official Plan and comprehensive Zoning By-law with respect to terminology and approved current planning direction in the municipality. Some of the revisions are more substantive in nature and deal with changes to the list of permitted uses and the addition of new land use designations. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 209 - NOVEMBER 29, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 - ADDENDUM TO PD 104/93. (CONT'D) Ms. C. Ladd with overhead projection illustrated the boundaries of the Plan and summarized the main thrust of the Plan as follows: It is proposed that the Single Detached Dwelling land use designation be revised to permit Semi-detached Dwellings and Duplexes as permitted uses. Lands on Irvin Street are proposed for Office-Residential Conversion, Low Rise Multiple Residential and Low Density Conservation. The existing office at the intersection of Chapel and Dumfries Streets is being recognized. Ms. Ladd described and illustrated designations proposed within the Plan. F. OPA 92/17 - Victoria Park Neiqhbourhood Secondary Plan 5 Year Review The purpose of the Amendment is to undertake a number of revisions to the Secondary Plan, some of which are substantial and others which are of a housekeeping nature. These revisions are predominantly to ensure consistency between all the Secondary Plans and also to make them consistent with the Official Plan and comprehensive Zoning By-law with respect to terminology and current planning directions in the municipality. Some of the more substantive revisions deal with such issues as changes to the list of permitted uses to allow lodging houses in all residential designations in accordance with the current policy directions throughout the City. Ms. C. Ladd with overhead projection illustrated the boundaries of the Plan and summarized the main thrust of Plan as follows: The deferred lands at Joseph and David Streets are proposed as Medium Density Residential. * 55 Joseph Street proposed as Convenience Commercial. Knell's Hardware proposed as Low Density Commercial Residential and C.P. lands behind proposed for Low Density Residential. * Flood lines have been expanded. The co-operative housing on Victoria Street redesignated to Medium Density Residential. Ms. C. Ladd pointed out that the Amendment constitutes the 5 Five Year Review and described and illustrated designations proposed within the Plan. G. OPA 92/18 - K-W Hospital Nei,qhbourhood Secondary Plan 5 Year Review The primary purpose of the Amendment is to undertake a number of revisions to the Secondary Plan, some of which are of a housekeeping nature in order to ensure consistency between all the Secondary Plans and also to make them consistent with the Official Plan and comprehensive Zoning By-law with respect to terminology and current planning directions in the municipality, and some are slightly more substantive in nature and deal with such issues as permitted uses. A second purpose is to add additional lands to the K-W Hospital Secondary Plan to allow zoning to be implemented and also to deal with those lands which were deferred from the original approval of the Plan. Ms. C. Ladd with overhead projection illustrated the boundaries of the Plan and summarized the main thrust of the Plan as follows: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 210 - NOVEMBER 29, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 - ADDENDUM TO PD 104/93. (CONT'D) The boundary of this plan has been expanded to include the include the lands occupied by the Ratz-Bechtel Funeral Home. By Special Policy, the existing Restaurant at 667 King Street West has been recognized. By Special Policy, freestanding personal services and office support services permitted within existing buildings on lands located on King Street West between Agnus Street and K.C.I. Ms. C. Ladd pointed out that the Amendment constitutes the 5 Five Year Review and described and illustrated designations proposed within the Plan. H. OPA 92/23 - Victoria Street Secondary Plan StaRe 6 Amendment The primary purpose of this Amendment is to undertake a number of revisions to the Secondary Plan, some of which are of a housekeeping nature in order to ensure consistency between all the Secondary Plans and also to make them consistent with the Official Plan and comprehensive Zoning By-law with respect to terminology and current planning directions in the municipality, and some are slightly more substantive in nature and deal with such issues as permitted uses and the incorporation of floodplain policies. The second purpose of this Amendment is to deal with those lands which were deferred due to concerns expressed by the CNR. Ms. C. Ladd with overhead projection illustrated the boundaries of the Plan and summarized the main thrust of the Plan as being: A policy has been added to this plan requiring additional setbacks and landscaping on all residential lands adjacent to Railways. I. OPA 93/4 - Civic Centre Neiqhbourhood Secondary Plan 5 Year Review The purpose of this Amendment is to repeal Amendment 1 which was adopted by Kitchener City Council on September 2, 1980 and subsequently approved by the Ontario Municipal Board on November 3, 1983, and to replace it with a revised Amendment, constituting a new Secondary Plan for the Civic Centre Neighbourhood. This Amendment contains revised land use policies, and revised land use designations as shown on Schedule "A" attached to the report. Mr. L. Masseo with overhead projection illustrated the boundaries of the Plan and summarized the main thrust of the Plan as follows: * Upholds the fundamental principles established in the existing Secondary Plan. The properties on the south side of Roy Street, with the exception of the Zion United Church have been designated "Office-Residential Conversion" rather than "Commercial Residential - High Density". This change has been proposed in order to provide a buffer between the higher density designation fronting Weber Street and the interior of the neighbourhood which is designated "Low Density Residential Preservation". He pointed out that the Amendment constitutes the 5 Five Year Review and described and illustrated designations proposed within the Plan. In particular, he focused on changes involving properties fronting on Roy Street and those lands of the Zion United Church and explained development options in that regard. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE -211 - NOVEMBER 29, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 - ADDENDUM TO PD 104/93. (CONT'D) J. Zone Chan,qe Application 92/26/TC/CL Ms. C. Ladd commented that staff have been working for two years on the proposed Zoning By- law that would amend By-law 85-1 to establish additional Residential Zones, Mixed Commercial- Residential Zones and an Existing Use Zone. With the use of overhead, she summarized the philosophy and approach that was taken for residential development as a guide to preparation of the By-law: * Emphasis on physical form and massing rather than density and regulation. * Develop a more pedestrian oriented streetscape. * Greater mixture of housing forms and uses. * Simplicity and consistency in regulation. * Generic uses. * Minimum building envelope approach. * Augment regulations by urban design guidelines. Ms. Ladd advised that a By-law Working Group was established that was made up of outside professionals who established the philosophy and approach to control consideration of this project which resulted in the development of the following zoning framework relative to Stage 6 of the Comprehensive Zoning By-law. Residential R-1 Estate Residential R-2 Large Lot Single Detached Residential R-3 Suburban Single Detached Residential R-4 R-5 R-6 R-7 R-8 R-9 Small Lot Residential Three Unit Multiple Residential Multiple Residential-Low Rise-FSR 0.6 Multiple Residential-Medium Rise-FSR 1.0 Multiple Residential-Medium Rise-FSR 0.6 to 2.0 Multiple Residential-High Rise-FSR 1.0 to 4.0 Commercial Residential CR-1 CR-2 CR-3 CR-4 Low Density Commercial Residential-1.0 FSR Medium Density Commercial Residential-2.0 FSR High Density Commercial Residential-4.0 FSR High Density Commercial Residential/Service Commercial with 4.0 FSR (King Street East - Special Policy Area 1) Existinq Use E-1 Existing Use only allows those uses which are existing at the time of the passing of the by- law and additions and alterations may be permitted subject to certain regulations being met. A change of use to the same type of use as listed under "Permitted Uses" in this By-law is allowed without an amendment to this By-law. Ms. C. Ladd commented on the definitions of each of the foregoing zoning categories, in particular in explanation of the Existing Use zone she advised that it implements Flood Policy of the Provincial Government and permits existing uses and additions and alternations. Further, she noted that the Existing Use zone allows for a change of use within the same property without requiring a zone change, such as a change involving one form of retailing for another. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 212 - NOVEMBER 29, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 - ADDENDUM TO PD 104/93. (CONT'D) For the record, the individuals who had assisted in the development of Stage 6 of the Comprehensive By-law and their affiliation was listed: Affiliation Name Architects Designers Developers Home Builders Lawyer Real Estate Sector Residents Social Planning Consultants John MacDonald Craig Newsome David Parrish Val Rynnimeri Neil Cotton Harold Freure Lyle Hallman Bob Barnhart lan Cook Bob Reinhait George Lavalle David Bradshaw Judy Ann Chapman Kurt Ditner Paul Hill Mike Hunter Harold Stephens Candy Marsten Karen Simoneau At this point a question was raised as to the process involving decisions that would be made by the Committee this date and the Chairman pointed out that recommendations approved this date would be placed before City Council for ratification at its meeting to be held on Monday, December 13, 1993. Councillor M. Yantzi disclosed a conflict of interest and abstained from all discussion of issues relative to Victoria Park and Floodplain Policy as he owns property within the Victoria Park Neighbourhood Secondary Plan. Mr. John MacDonald, 6 Oak Street, President of the Victoria Park Neighbourhood Association appeared as a delegation regarding OPA 92/17 and the Zoning By-law. Mr. MacDonald referred to the issue of Floodplain Zoning with a concern relative to life/safety measures and requested that Council give direction of staff to approach the Grand River Conservation Authority on this matter. Secondly, he referred to the Comprehensive Zoning By-law and noted that the Working Group did not draft the By-law and recommended the Committee not to view the By-law as the final stage particularly with respect to Intensification but instead adopt it with a view to eventual removal of redundancies as Secondary Plans are reviewed. In response to Councillor J. Ziegler, Ms. C. Ladd commented that the physical development of the property was dependent on regulations and criteria set by the GRCA. Floodplain Policy sets out this criteria and any change of use must be compatible to surrounding uses which the City would then support. Mr. T. McCabe commented that the matter was really a mapping exercise that results in a more comprehensive intergrated planning process. Councillor T. Galloway questioned how the decisions being made this date affect Stage 7 of the Comprehensive By-law and how residents would have input into the planning process. Mr. T. McCabe advised that the process for Stage 7 of the Comprehensive By-law would involve circulation, consideration of comments, neighbourhood meetings, a formal public meeting and a By-law that could objected to. Councillor Galloway then questioned to what extent Council would bias itself toward Stage 7 by passing the zoning categories being proposed this date. Mr. T. McCabe commented that the Committee was dealing with zones that were created in previous stages of the By-law. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 213 - NOVEMBER 29, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 - ADDENDUM TO PD 104/93. (CONT'D) Mr. Michael Brisson, 186 Dupont Street, Toronto, appeared as a delegation to present the contents of a submission which was attached with the agenda. Mr. Brisson gave a presentation similar to the one he provided to LACAC on infill housing and the preservation of streetscape character as its relates to the addition of dwelling units to existing structures, setback reductions and minimum lot width. In this regard, he requested the Committee defer in part portions of the staff recommendations being considered this date and suggested that while extensive discussion had taken place of these matters, the items had not really been dealt with. He commented on the proposed changes in the Zoning By-law which would change most of the land Zoned R2B to R5 and noted that as a result a neighbourhood of houses is being changed to allow apartments and that a better alternative would be to provide for the addition of houses (ie., coach houses) on excess land instead of destructive apartment style massing. Ms. C. Ladd pointed out that an extensive public consultation process has taken place involving some 9 open house sessions and at least 23 different meetings and that Mr. Brisson had not made any submissions to staff. She then commented on several issues pertaining to R2B Zoning which are explained in the report and acknowledged that garden suites are not in the proposed By-law. Councillor M. Wagner questioned how realistic it would be for two neighbours to get together and agree to joint development and Mr. Brisson commented that it was feasible for two neighbours to create joint cluster houses on excess rear lands. Ms. C. Ladd responded to the issue and pointed out that it was the Working Group's recommendation to eliminate R2B Zoning and Density Control and that the Official Plan does not permit Mr. Brisson's proposal. Dr. Malcolm Shantz, Mr. Russel Feil and Mr. Peter Perchaluk were registered as a delegation on behalf of the Board of Trustees of Zion United Church. The Committee was in receipt of correspondence from the Church advising that they were aware of the City's desire to keep a Iow rise streetscape on Roy Street but were concerned about proposed changes which might jeopardize future uses of Church property which is a prime site for future commercial development. In particular there is concern over the height restriction for buildings on the south side of Roy Street to 10.5 metres (35 feet) to a depth of 30 metres (100 feet) from Roy Street. The Church believes the distance requirement is unduly restrictive and requests reduction to 12 metres (39 feet). Mr. L. Masseo commented that staff were aware of the Church's concern with the special policy but noted that a density restriction was not being proposed, rather a design constraint was proposed. With this approach neighbours would benefit as any redevelopment would be compatible with the Roy Street streetscape and full development of the property would not be impeded. He suggested that the proposed design constraint could be dealt with through consultation with an architect. Councillor B. Stortz noted that the intent was not to overwhelm other properties on Roy Street but suggested that compromise might be considered that would reduce the depth requirement but still not result in a lot of building mass too close to Roy Street. Mr. B. Stanley stated that within the Civic Centre, streetscapes front each other that are similar in design and noted that with a step back approach and no height limit, total floor area of any development would not be impacted. On motion by Councillor B. Stortz, it was agreed with regard to OPA 93/4 to defer the recommendation pertaining to the Zion United Church property in the staff reports under consideration so as to allow Councillor B. Stortz to discuss the matter further with Church Officials and bring back a recommendation in that regard to City Council on December 13, 1993. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 214 - NOVEMBER 29, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 - ADDENDUM TO PD 104/93. (CONT'D) Mr. Pat Mancini, New Hi-Tech Auto Service, 55 Joseph Street, was registered as a delegation and the Committee received a submission from Mr. Mancini with their agenda. Councillor M. Yantzi advised that Mr. Mancini was ill and unable to attend the meeting; however, he indicated that Mr. Mancini was in agreement with the revisions introduced this date by Ms. C. Ladd. Mr. Don Stewart, Planning Initiatives, appeared as a delegation on behalf of Mr. Derek Jeeboo, owner of 530 Mill Street relative to OPA 88/7 (Mill Courtland Woodside Park Neighbourhood Secondary Plan and the Zoning By-law Amendment.) The Committee was in receipt of a submission dated November 26, 1993 from Mr. Stewart that was distributed with the Agenda. Mr. Stewart advised that his client purchased the property in 1992 which was zoned for light industrial uses and requested that he be allowed to retain what he is already permitted to do and asked for the same flexibility that is being given to other firms in the area. Ms. C. Ladd advised that staff had concerns given the designation of the property in the Secondary Plan and the physical features of the site itself. She noted that the requested uses would require all of the remaining lands of the property to be developed to accommodate parking and that no amenities would remain relative to triplex residential uses. It was the staffs position that auto uses could not be combined with residential uses by the owner. Mr. Stewart commented that the rear of the property was treed and would screen the site from adjacent residential areas to the rear. Councillor T. Galloway noted that the property was zoned light industrial and questioned if it could have been developed in the way that is now being requested. Ms. C. Ladd commented that with regard to the question of physical development of the property she could not answer how it could have developed but pointed out that it was the owner's wish to combine two uses under the existing or the proposed Zoning By-law. On motion by Councillor M. Wagner, it was agreed with regard to OPA 88/7 to defer the recommendation pertaining to 530 Mill Street from the staff reports under consideration for two weeks so as to allow further discussion of the property owner's request. At this point, Mayor D.V. Cardillo indicated that it was his view that issues raised by Mr. M. Brisson should also be deferred. A motion by Mayor D.V. Cardillo to defer aspects from the Zoning By-law as they relate to the submission of Mr. Brisson and direct staff to investigate the concepts Mr. Brisson proposed was voted on and lost. Mr. P. Britton, MacNaughton Hermsen Britton Clarkson, 171 Victoria Street North, appeared as a delegation representing J.M. Schneider Inc. Mr. Britton distributed a copy of a letter dated November 29, 1993 from Ms. C. Ladd that clarified the City's understanding with respect to the existing operations at J.M. Schneider being comprised of four components. It was noted in the letter that the uses referred to will be recognized as those which are lawfully existing to be zoned E-1 should the proposed By-law be passed. Mr. Britton stated that he concurred with Ms. Ladd's letter and requested that it be appended to the minutes for future reference. On motion by Councillor B. Stortz, it was agreed with regard to OPA 88/7 that the letter dated November 29, 1993 from Ms. C. Ladd to Mr. lan MacNaughton relative to the J.M. Schneider Inc.'s lands be appended to the meeting minutes. Mr. P. Britton then appeared as a delegation on behalf of property owners of lands situated between 723 to 765 King Street West, which is the west side of King Street between Agnus Street and Kitchener Collegiate Institute. Mr. Britton submitted a letter requesting that Staff Report PD 117/93 be further revised in regard to recommendation PLANNING & ECONOMIC - 215 - NOVEMBER 29, 1993 DEVELOPMENT COMMITTEE PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 - ADDENDUM TO PD 104/93. (CONT'D) "F", Subitem "g" (the "Proposed By-law") so as to add the words "or additions thereto" following the word "1994" in Subitem "g" (Appendix "D" Subsection 158). Mr. T. McCabe commented that the Department was concerned with the request in that there is an abundance of regulations already and to start allowing additions would be contrary to the intent of the zone. Mr. Britton stated that the existing zoning has no restriction and does make practical sense to allow additions of from 25% to 30% of floor space. On motion by Councillor G.L. Leadston it was agreed with regard to OPA 92/18 to revise the recommendation pertaining to 723 to 765 King Street West in the staff reports under consideration to allow additions upto 20% and revise the by-law wording of the recommendation (PD 117/93) in the last portion of "Appendix D Subsection 158" to read "within buildings existing on ,1994 or additions upto 20% of the existing building gross floor area". Mr. P. Britton also appeared as a delegation on behalf of the Grand River Railway Company in respect to a proposed residential development with a small frontage on Victoria Street South that extends to Victoria Park, opposite Walnut Street. The submission outlines the property location, description and surrounding land use and notes that lands included in the Draft Plan of Subdivision have an area of approximately 2.09 hectares. The proposed Plan of Subdivision was described in the submission. Mr. Britton advised that the neighbourhood is aware of this matter and stated that he had two requests in this regard. The first request relates to an easterly shift of the zoning line to reflect the Draft Plan and the second request asks that a small portion of the C.P. lands shown as floodway be shown as flood fringe on Schedule B of the Plan and a corresponding change be made to the Zoning By-law in this regard. Mr. Britton advised that the GRCA was in support of these requests. On motion by Councillor M. Wagner it was agreed with regard to OPA 92/17 to accept the clarifications outlined in the document "The Grand River Railway Company, Victoria Street, Kitchener" dated November 29, 1993 submitted by Mr. P. Britton and that staff be authorized to make any appropriate revisions to the Secondary Plan and the Zoning By-law recommendations in the staff reports. Mr. Nick Wendling, 98 Kent Avenue, appeared as a delegation with respect to his lands and the owners of 90, 94 and 102 Kent Avenue. Mr. Wendling stated that as a result of the recommendations being considered this date with respect to the Mill Courtland/Woodside Park Secondary Plan, these properties would be put directly into the Floodway Policy category which prohibits additions. He noted that they would be restricted from enlarging their premises while under the present zoning they can build additions to a certain size. Mr. Wendling maintained that the designation causes extreme difficulty to the owners and makes their lands worthless. He asked that the lands be designated floodplain rather than floodway and indicated that if the proposed zoning was passed it would cost approximately $1,000 per property to obtain an appraisal of existing value as opposed to reduced value from the new designation. Mr. McKay commented that unfortunately since these properties were in the Floodway there was nothing that could change that fact. Councillor M. Wagner questioned how many homes were affected by the Policy. Mr. L. Masseo advised that the overall benefit of the policy must be considered and that under the 2 Zone policy, the number of homes and industrial properties affected has been reduced. Councillor Wagner questioned if anyone understands the total loss resulting from the policy. Mr. B. Stanley stated that the Provincial Government spent 10 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 216 - NOVEMBER 29, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 - ADDENDUM TO PD 104/93. (CONT'D) years developing its Floodplain Policy and that the financial impacts of the policy came up for discussion on a number of occasions. He stated that if a property owners lands were in an area designated hazard land, there was no requirement to provide compensation. Councillor M. Wagner commented that the legal uses under the zoning will be the same and there was some flexibility in this regard. In response to Mayor D.V. Cardillo, Ms. C. Ladd advised that additions/alterations are permitted in E-1 zones as well as some changes of use. She noted that an effort had been made to obtain this status for Existing Use Zones and that staff would continue to explore possibilities in this regard. Mr. Wally Chaulk, 300 Clifton Road, appeared as a delegation with regard to the North Ward Neighbourhood Secondary Plan and the proposed Zoning By-law. Mr. Chaulk questioned the density statements contained within the Secondary Plan and questioned Map No. 28 of the proposed Zoning By-law relative to the areas designated R-5 which he believed should be designated R-4 based on previous discussion. He also questioned the area shown as R-6 Zoning. Mr. Chaulk noted that the R-5 Zoning fails to agree with the understanding that residents had reached with the Planning and Development Department. Accordingly, Mr. Chaulk stated that his request was that the Committee change the R-5 and R-6 Zoned areas to R-4 and R-5 respectively. At this point, Councillor J. Ziegler temporarily left the meeting and Councillor C.M. Weylie assumed the Chair. Councillor J. Smola questioned if the requests represented a minor change. Mr. K. Curtis commented on the experiences with the open houses that were held relative to the Secondary Plan and commented on the R-5 and R-6 Zoning implications. Councillor J. Smola then asked that the R-5 Zoning be changed to R-4 and that R-6 be left as is. Mr. Chaulk supported his request by pointing out that the entire neighbourhood is basically of the same character and should be zoned R-4. Councillor M. Wagner commented that the delegation's request goes far beyond the requests made by Mr. Brisson and Mr. McCabe noted that the R-5 Zoning was the significant aspect of what the City has been working toward. Mr. K. Curtis commented that this issue was raised and addressed during the Community Plan meetings. Councillor J. Ziegler returned to the meeting and reassumed the Chair at this point. Mr. Chaulk commented that "Lodging Houses" was added to the latest revised document and the neighbourhood had not agreed to this change. Councillor J. Smola commented that the area in question was only a 5 or 6 block portion of the City and that the objective has always been to maintain the housing stock the way it currently is on Ash, Arnold, Maple, Birch and Union Streets. On motion by Councillor J. Smola, it was agreed with regard to OPA 88/9 to revise the recommendations in the staff reports under consideration with regard to Map No. 28 of the Zoning By-law so as to provide that lands shown as R-5 Zoning be changed to R-4 Zoning. Councillor M. Wagner stated that he was strongly opposed to this change. Mr. M. Wasilka, appeared as a delegation with regard to the Central Frederick Neighbourhood Secondary Plan and the Proposed Zoning By-law and pointed out that the neighbourhood was zoned for single family dwellings and that as a home owner he had bought into the benefits of this zoning within the area. It was indicated that Mr. Peter Bufe, 35 Gordon Avenue and Mr. John Cunningham, 88 Samuel Street were also in attendance in this regard and were in support of Mr. Wasilka's view. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 217 - NOVEMBER 29, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 - ADDENDUM TO PD 104/93. (CONT'D) Councillor B. Stortz stated that there were already many duplexes in the area and that in fact the neighbourhood was not a community of single detached homes only. On motion Councillor B. Stortz, it was agreed with regard to OPA 92/16 to revise the recommendation in the staff reports under consideration so as to permit the pocket previously designated for single detached only in the current Central Frederick Neighbourhood Secondary Plan. Ms. Sally Gunz, 47 Peter Street, appeared as a delegation in regard to the Cedar Hill Neighbourhood Secondary Plan and Proposed Zoning By-law. Ms. Gunz stated that her neighbourhood had wanted R-4 Zoning but had been told that they could not have it and consequently had been prepared to give it up. However, now that the Committee had made concessions with respect to this issue to other neighbourhood groups, she asked for the same consideration as given to these other neighbourhoods and pointed out that the City's arguments relative to the R-5 Zoning were no longer relevant. Ms. C. Ladd noted that the Proposed Zoning By-law deals with Lodging Houses and that by the Committee's actions it was eliminating four uses by making the revisions that it has made this date. Councillor M. Wagner expressed strong objection to the manner in which these issues were being dealt with and recommended that the Committee should defer further consideration of all of the matters under consideration this date until the Committee can assess the impact of revisions to recommendations that had been agreed to this date. Councillor J. Ziegler pointed out that the following persons who had registered as delegations to make a submission to the Committee had not yet had any opportunity to be heard: - Mr. Peter Bufe, 35 Gordon Avenue re (Central Frederick). - Mr. John Cunningham, 88 Samuel Street re (Central Frederick). - Mr. Ted Pawlowski, 152 Homewood Avenue re (Victoria Park). - Mr. M.B. Shantz, 22 Water Street South re (Civic Centre). Further, Councillor J. Ziegler stated that there might be other individuals in attendance who had not registered to be heard but may wish to make a presentation. On motion by Councillor M. Wagner, it was resolved: "That consideration of the recommendations contained in Staff Reports PD 104/93 and PD 117/93 (9 Official Plan Amendments for Inner City Secondary Plans and related Zoning By-law Amendment) and the related revisions agreed to this date be deferred and referred to the December 6, 1993 meeting of the Planning and Economic Development Committee for further consideration." Councillor J. Ziegler, Chairman, announced that the matters being considered this date were being deferred and referred to the regular meeting of the Planning and Economic Development Committee to be held on Monday, December 6, 1993 and that these matters would be heard at 3:30 p.m. that date in the Council Chambers. ADJOURNMENT On motion, the meeting adjourned at 11:35 p.m. L.W. Neil, AMCT Assistant City Clerk