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HomeMy WebLinkAboutPlng & Econ Dev - 1994-01-17PED\1994-01-17 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 17, 1994 The Planning and Economic Development Committee met this date commencing at 4:20 p.m. under the Chairmanship of Councillor C. Weylie with the following members present: Mayor D.V. Cardillo, Councillors J. Ziegler, T. Galloway, M. Yantzi, G. Leadston, J. Smola, C. Zehr, B. Stortz and M. Wagner. Councillor G. Lorentz entered the meeting shortly after its commencement. Officials Present: Mr. T. McKay, Mr. S. Klapman, Mr. T. McCabe, Mr. B. Stanley, Mr. J. Wallace, Ms. V. Gibaut, Mr. G. Borovilos, Mr. J. Willmer, Mr. Z. Janecki, Mr. D. Mansell, Mr. L. Masseo, Ms. S. Frenette, Mr. R. Mattice, Mr. J. Witmer, Mr. P. Wetherup and Mr. L.W. Neil. PD 126/93 -4489 and 4497 King Street East - Official Plan Amendment Application 93/10 - Zone Change Application 93/19/K/LM - Mennonite Conference of Eastern Canada - South Ward The Committee was advised that the Department of Planning & Development had received applications to amend the Official Plan and Zoning By-law with regard to the properties known municipally as 4489 & 4497 King Street East. In this regard the Committee considered Staff Report PD 126/93 dated December 22, 1993. The Official Plan Amendment would revise the Official Plan from Service Commercial with Special Policy #47 to Service Commercial with a revised Special Policy #47 to permit free standing office with a maximum floor space ratio of 0.2. The accompanying zoning change would add a new Special Regulation Provision #161 to lands zoned Service Commercial Zone (C-6) with Special Use Provision #60 and Special Regulation Provision #60 under Zoning By-law 85-1. The purpose of these applications is to permit the subject lands to be developed for free standing office use to a maximum floor space ratio of 0.2. A proposed by-law dated December 21, 1993 was attached to the Staff Report. It was pointed out that notice that the Committee would hold a public meeting this date to consider these matters had previously been given. Mr. L. Masseo summarized details relative to the amendments and distributed a revised proposed by-law dated January 14, 1994. He pointed out that the revision in the proposed by-law relates to Clause 3 and provides a clarification respecting the use and incorporates a minimum front yard of 14 metres and requested the Committees approval of this revision. Mr. Masseo stated that he had nothing further to add to the applications under consideration other than to point out that on page 4 of the Staff Report there was a reference to issuance of a building permit being contingent upon the extension of and connection to municipal sanitary sewers and watermains. He noted that the area is serviceable but that there was no way of enforcing such requirement. Mr. Masseo stated that it was his understanding the Health Unit would deal with the matter of servicing. Mr. Brian Shantz appeared as a delegation acting on behalf of the owner and stated that the issue of servicing was of serious concern to the applicant. He stated that it was the intent of the applicant to utilize the property in its current state and that the Health Unit has indicated it would be considering the servicing issue. He asked that it be made clear that there was a servicing option other than hook up to municipal services. Councillor G. Lorentz entered the meeting at this point. No other delegations were registered respecting this matter. The recommendations in the Staff Report were then considered and it was agreed to accept the revised proposed by-law dated January 14, 1994 and incorporate its reference within the recommendation. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE -2- JAN UARY 17, 1994 PD 126/93 -4489 and 4497 King Street East - Official Plan Amendment Application 93/10 - Zone Change Application 93/19/K/LM - Mennonite Conference of Eastern Canada - South Ward (CONT'D) On motion by Councillor J. Ziegler, it was resolved: That City Council approve Official Plan Amendment 93/10 (4489 and 4497 King Street East - Mennonite Conference of Eastern Canada) as outlined: SECTION 4 - THE AMENDMENT The Official Plan for the City of Kitchener is hereby Amended as follows: Section IV. 11, "Policies for Specific Areas" is amended by adding the following new clause (s) to existing Policy IV. 11 .xlvii (47): "(s) Notwithstanding the Service Commercial designation on the lands known as Lots 4 and 5 of Registered Plan 698, otherwise known municipally as 4489 and 4497 King Street East, free standing office use shall be permitted with a maximum floor space ratio of 0.2." SECTION 5 - IMPLEMENTATION AND INTERPRETATION The provisions of the Official Plan of the City of Kitchener regarding the implementation and interpretation of that Plan shall apply to this Amendment. It is the opinion of this Committee that the approval of this Amendment is proper planning for the City. That, Zone Change Application 93/19/K/LM (4489 and 4497 King Street East - Mennonite Conference of Eastern Canada) requesting a change in zoning by adding a new Special Regulation Provision #161 to lands zoned Service Commercial Zone (C-6) with Special Use Provision #60 and Special Regulation Provision #60 be approved in the form shown in the Proposed By-law attached, dated December 21, 1993, as revised January 17, 1993 to clarify Clause #3 and add reference to a 14 metre minimum front yard, without conditions. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with a recommended Amendment (OPA 93/10) to the City's Approved Official Plan. On motion by Councillor J. Ziegler, it was resolved: That with respect to the property known municipally as 4489 & 4497 King Street East, Kitchener, City Council will allow development on private services subject to the applicant, Mennonite Conference of Eastern Canada, fulfilling the private servicing policy of the Regional Municipality of Waterloo. PD 121/93 - 385 Fairway Road South (728937 Ontario Limited) - O.P.A. Application 87/9 & Z.C. Application 491871FIJG - and - - 695 Fairway Road South (HOC Investments Ltd. In Trust) - O.P.A. Application 88/12 & Z.C. Application 881331FISF - Fairview Ward The Committee was in receipt of Planning & Development Staff Report Pd 121/93 dated December 17, 1993 dealing with two applications for Official Plan Amendment and Zone Change with respect to 385 Fairway Road South submitted by 728937 Ontario Limited and 695 Fairway Road South submitted by 728937 Ontario Limited and 695 Fairway Road South submitted by HOC Investments Ltd. In Trust. Official Plan Amendment reports for each property were attached to Staff Report 121/93. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE -3- JAN UARY 17, 1994 PD 121/93 - 385 Fairway Road South (728937 Ontario Limited) - O.P.A. Application 87/9 & Z.C. Application 491871FIJG - and - - 695 Fairway Road South (HOC Investments Ltd. In Trust) - O.P.A. Application 88/12 & Z.C. Application 881331FISF - Fairview Ward (CONT'D) The following explanation of these applications is taken from the public notice advertisement as contained in the Staff Reports. The proposed Official Plan Amendments and Zoning By-laws pertain to commercial plazas addressed as 385 Fairway Road South and 695 Fairway Road South. The proposed Official Plan Amendments shall amend the Kitchener Official Plan by adding special policies to the existing General Industrial designation applied to these properties. The proposed Zoning Bylaws shall amend the zoning by adding special use provisions to the existing Service Industrial (M-3) zoning under By-law 85-1. The proposed special policies and special use provisions would permit the following: (A) For 385 Fairway Road South The sale and rental of sporting goods, books, toys, apparel, fashion accessories, baked goods, fish, meat, and musical equipment, supplies and accessories to a maximum aggregate gross leasable commercial space of 3322 square metres for all such uses. A maximum 850 square metre limitation of gross leasable commercial space related to each type of these retail outlets shall also apply, with the exception of the sale of baked goods, fish and meat which is restricted to only one such outlet to a maximum gross leasable commercial space of 288 square metres. (B) For 695 Fairway Road South 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 of 416 square metres for all such uses. A maximum 208 square metre limitation of gross leasable commercial space related to each type of these retail outlets shall also apply, with the exception of the sale and rental of apparel. Attached to Staff Report PD 121/93 were two proposed zoning by-laws each dated November 23, 1993 that would implement the proposed zoning. It was pointed out that notice that the Committee would hold a public meeting this date to consider these matters had previously been given. Mr. L. Bensason introduced the reports and commented on the historical aspect of each application that was outlined in more detail in the staff report. He advised that he had nothing further to add to the reports under consideration other than to point out that a letter of objection was recently received as well as a letter of concern from Kitchener Beverages with respect to traffic issues. In this regard he commented on various traffic studies affecting Fairway Road and referred to the letter from the Region of Waterloo attached as Appendix 2 to each Official Plan Amendment report in which it was noted that the Region had no concerns. Mr. Bill Green appeared as a delegation to speak on behalf of Mr. Sheldon Sugden who has objected to the applications as outlined in his January 6, 1994 letter distributed to the Committee. Mr. Green advised that Mr. Sugden had been unable to attend at the last minute and accordingly he was representing him. He stated that Mr. Sugden represents Fairway Wilson Centre Inc., and that his property was zoned C-6 permitting retail uses while the applications under consideration would allow retail uses to be extended to industrial sites. Mr. Green indicated that his client would be negatively impacted by the addition of further retail uses in the area and an existing vacancy rate in excess of 50% relative to his clients property would be worsened. Mr. Green suggested that the existing Fairway Road traffic problems require a long term solution and indicated that he did not understand the rationale as to why the percentage of retail use with respect to 589 Fairway Road was carried over to the two subject applications. 2. PD 121/93 - 385 Fairway Road South (728937 Ontario Limited) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE -4- JAN UARY 17, 1994 - O.P.A. Application 87/9 & Z.C. Application 491871FIJG - and - - 695 Fairway Road South (HOC Investments Ltd. In Trust) - O.P.A. Application 88/12 & Z.C. Application 881331FISF - Fairview Ward (CONT'D) Councillor M. Yantzi questioned Mr. Green as to how he thought the sites should be develop and Mr. Green suggested that the draft Municipal Plan should deal with them. At this point Councillor C. Zehr disclosed a conflict of interest and abstained from all discussion as two of his clients have partners in the property at 385 Fairway Road South. Mr. John Doherty, Paul Britton and David Argue appeared as a delegation on behalf of the owners of 385 Fairway Road South. Mr. Doherty advised that the purpose of the application was to provide more flexible leasing opportunities to the owner and noted that even after the re-zoning the property would still be at a disadvantage compared to the Fairway Wilson Centre. Mr. P. Britton commented on the years of study dealing with retail and traffic impacts and distributed a comparative analysis between 385 Fairway Road South and the Fairway Wilson Centre. Further he noted that the Fairway Wilson Centre was once an industrial site and suggested that the same planning considerations should be available to all. Mr. Doherty advised that he had spoken with representatives of Kitchener Beverages and that they had indicated their concerns could be resolved. Mr. Mark Dorfman appeared as a delegation on behalf of the owner of 695 Fairway Road South and advised that his client was in support of the staff recommendations. He noted that the amount of retail was closer to 20% as they excluded restaurant uses. Further, he pointed out that with the uses now proposed, a net reduction in traffic is anticipated. No other delegations were registered respecting these matters. The staff reports relative to 385 Fairway Road were then considered. On motion by Councillor J. Ziegler, it was resolved: A) That Official Plan Amendment Application 87~9 (728937 Ontario Limited) requesting an amendment to the Kitchener Official Plan from General Industrial to General Industrial with special policy 109 on lands described as Part of Lot 1, Plan 1524, more particularly described as Part 2 of Reference Plan 58R-6293, be approved, as outlined: SECTION 4 - THE AMENDMENT The Official Plan of the City of Kitchener is amended as follows: 1. Map 1, "Plan for Land Use" is amended as shown on the attached Schedule "A". 2. Section IV. 11 "Policies for Specific Areas" is amended by adding the following policy: "cix) Notwithstanding the designation of General Industrial on lands described as Part of Lot 1, Plan 1524 and located on the northeast corner of Fairway Road South and Wilson Avenue, the sale and rental of sporting goods, books, toys, apparel, fashion accessories, baked goods, fish, meat, and musical equipment, supplies and accessories, shall also be permitted to a maximum aggregate gross leasable commercial space for all such uses of 3322 square metres, provided that no single outlet for the sale and rental of sporting goods, books, toys, apparel, fashion accessories and musical equipment, supplies and accessories shall exceed a gross leasable commercial space of 850 square metres; and provided further that only one outlet for the sale of either baked goods, fish or meat shall be permitted to a maximum gross leasable commercial space of 288 square metres." PD 121/93 - 385 Fairway Road South (728937 Ontario Limited) - O.P.A. Application 87/9 & Z.C. Application 491871FIJG - and - PLANNING & ECONOMIC DEVELOPMENT COMMITTEE -5- JAN UARY 17, 1994 - 695 Fairway Road South (HOC Investments Ltd. In Trust) - O.P.A. Application 88/12 & Z.C. Application 881331FISF - Fairview Ward (CONT'D) SECTION 5 - IMPLEMENTATION AND INTERPRETATION The provisions of the Official Plan of the City of Kitchener regarding the implementation and interpretation of that Plan shall apply to this Amendment. It is the opinion of this Committee that the approval of this Amendment is proper planning for the City. B) That Zone Change Application 49/87/F/JG (728937 Ontario Limited) requesting a change in zoning from Service Industrial (M-3) to Service Industrial (M-3) with special use provision 170 U, all according to By-law 85-1, on lands described as Part of Lot 1, Plan 1524, more particularly described as Part 2 of Reference Plan 58R-6293, be approved in the form shown in the Proposed By-law attached, dated November 23, 1993, without conditions. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with a recommended Amendment (OPA 87/9) to the City's Approved Official Plan. Councillor C. Zehr previously disclosed a conflict of interest and abstained from all discussion and voting as two of his clients have partners with an interest in 385 Fairway Road South. The staff reports relative to 695 Fairway Road South were then considered. On motion by Councillor J. Ziegler, it was resolved: A) That Official Plan Amendment Application 88/12 (HOC Investments in Trust) requesting an amendment to the Kitchener Official Plan from General Industrial to General Industrial with special policy 110 on lands described as Part of Lot 2, Plan 1525, more particularly described as Parts 2 to 8 of Reference Plan 58R-5665, be approved, as outlined: SECTION 4 - THE AMENDMENT The Official Plan of the City of Kitchener is amended as follows: 1. Map 1, "Plan for Land Use" is amended as shown on the attached Schedule "A". 2. Section IV. 11 "Policies for Specific Areas" is amended by adding the following policy: Notwithstanding the designation of General Industrial on lands described as Part of Lot 2, Plan 1525 and located on the northeast corner of Fairway Road South and Manitou Drive, the sale and rental of sporting goods, books, toys, apparel, fashion accessories, and musical equipment, supplies and accessories, shall also be permitted to a maximum aggregate gross leasable commercial space for all such uses of 416 square metres, provided that no single outlet for the sale and rental of sporting goods, books, toys, fashion accessories and musical equipment, supplies and accessories shall exceed a gross leasable commercial space of 208 square metres." SECTION 5 - IMPLEMENTATION AND INTERPRETATION The provisions of the Official Plan of the City of Kitchener regarding the implementation and interpretation of that Plan shall apply to this Amendment. PD 121/93 - 385 Fairway Road South (728937 Ontario Limited) - O.P.A. Application 87/9 & Z.C. Application 491871FIJG - and - - 695 Fairway Road South (HOC Investments Ltd. In Trust) - O.P.A. Application 88/12 & Z.C. Application 881331FISF - Fairview Ward (CONT'D) It is the opinion of this Committee that the approval of this Amendment is proper planning for the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE -6- JAN UARY 17, 1994 City. B) That Zone Change Application 88/33/F/SF (HOC Investments in Trust) requesting a change in zoning from Service Industrial (M-3) to Service Industrial (M-3) with special use provision 171 U, all according to By-law 85-1, on lands described as Part of Lot 2, Plan 1525, more particularly described as Parts 2 to 8 of Reference Plan 58R-5665, be approved in the form shown in the Proposed By-law attached, dated November 23, 1993, without conditions. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with a recommended Amendment (OPA 88/12) to the City's Approved Official Plan. Councillor C. Zehr previously disclosed a conflict of interest and abstained from all discussion and voting as two of his clients have partners with an interest in 385 Fairway Road South. 3. Deleqation - Jobs Ontario Community Action Ms. V. Gibaut introduced a delegation of three provincial officials appearing before the Committee to provide an overview of the Jobs Ontario Community Action Program. It was pointed out by the delegation that the program represented a new approach to this matter and was intended to be a long term, integrating and inclusive planning and management process. The program consolidates many capital programs of various ministries and fosters partnerships among the ministries working on a project. The community as an applicant was defined as well as eligibility. Details of the component aspects of the program as to development, capital and financing were also reviewed. It was noted that $100,000,000 per year was available for three years within the scope of the program. Councillors M. Wagner and T. Galloway each posed a theoretical example project and whether or not the program would apply in that case. The delegations responded that the program would assist in costs of feasibility study and capital improvement. It was pointed out that if a project qualified under this program as well as an existing government program the total assistance would be funded only up to the limit of the Jobs Ontario Program including alternative program funding. PD 124/93 - Proposed Closure of part of Howe Drive - Lane Closure Application LA 1/92/JW - South Ward The Committee was in receipt of Planning & Development Staff Report PD 124/93 dated December 16, 1993 dealing with closure of part of Howe Drive. The proposed closure and conveyance of the redundant section of Howe Drive was initiated in conjunction with the re-zoning and development of 1188, 1190 and 1192 - 1194 Ottawa Street South. Mr. J. Willmer briefly explained the purpose of the application and noted that responses had been received from the Nash's and from Community Expansion with respect to this matter. Mr. J. Wallace referred to Item #3 of the staff recommendation and pointed out that the Region of Waterloo by realigning Ottawa Street South had originally deprived the owners of the legal access they were entitled to and that we should not be charging them for conveyance of the redundant lands. Mr. J. Willmer commented that the roads to be closed had no added value to the residential properties but that the case was different with respect to the commercial properties. Mr. Wallace suggested that technically the property owners were entitled to compensation. PD 124/93 - Proposed Closure of part of Howe Drive - Lane Closure Application LA 1/92/JW - South Ward (CONT'D) Mr. Dave Smith appeared as a delegation on behalf of Community Expansion Limited with respect to his letter dated January 5, 1994 received by the Committee. It was indicated in his letter that Community Expansion had no objection to the closing of Howe Drive and pointed out that the parcel that was intended to be closed had no value to his client. His letter referred to the portion of the road that is not intended to be closed and suggested that closing be considered at this time with half of the road going to the Nash property and the other half to his client. Mr. Smith advised that Community Expansion was interested in developing Block "N" but would require additional land to make the site useable and would like to undertake negotiations in this matter. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE -7- JAN UARY 17, 1994 Mr. Mel Code appeared as a delegation on behalf of Dr. S. Code and commented that the subject property has little value and that he was in support of the staff recommendation. No other delegations were registered respecting this matter. The recommendation in the staff report was then considered and it was agreed to revise Item #3 in accordance with the request of Mr. J. Wallace. On motion by Councillor J. Ziegler, it was resolved: That Lane Application LA 1/92/JW (proposed closure of part of Howe Drive) be approved and that the Legal Department and the General Services and City Clerk's Department be instructed to proceed with the preparation of a by-law, ordering of a reference plan, and the necessary advertising in the local newspaper for the closing of a public highway abutting Parts 4 and 5 of Plan W.D.R.-231, Parts 1 to 3 inclusive of Plan 58R-8806 and Part 1 of Plan 58R-8620. Further, that such closing be undertaken on the following basis: That the reference plan be completed by the City and registered prior to the passing of the road closure by-law. That the entire area of the road to be closed be subject to easements in favour of the City for water and gas mains and in favour of Bell and Kitchener Wilmot Hydro for telephone and electrical utilities, respectively. That where access has not been cut off due to a re-alignment of Ottawa Street, the subject lands be conveyed to abutting property owners for a price to be negotiated by the City's Land Purchasing Officer. That in each case, the lands being conveyed shall be added to the abutting lands and title be taken in identical ownership as the abutting lands. 5. PD 122/93 - Development/Servicing of Breslau Area The Committee was in receipt of Staff Report PD 122/93 dated January 10, 1994 which discusses and provides a recommendation relative to the on going thrust for the expansion of Breslau and Forwell's request for off-peak discharge into the Ottawa/Montgomery Sanitary Sewer System. Ms. B. Newell referred to Township of Woolwich Official Plan Amendment #1 which would have provided for 14,000 people to live in the community and noted that this has now been withdrawn and it has been agreed that development would be capped at 1,100 residential units. She also pointed out that the request for off-peak discharge has also been evaluated. Messrs. Paul Puopolo, Bill Thomson and Bob Forwell appeared as a delegation with regard to the report. Mr. Puopolo advised that the staff recommendation meets the general intent of resolving the matter and that issues would be discussed in the near future with the intent to report on results in approximately one month. Mr. P. Britton stated that he was 5. PD 122/93 - Development/Servicing of Breslau Area (CONT'D) appearing as a delegation on behalf of a number of clients with property in the Grand River South community and it was his concern that servicing capacity be allocated to the Grand River community first. In reference to Item #2 of the staff recommendation he suggested that the word confirming be changed to allocating and that the phrase "on a first priority basis" be added in reference to required capacity for all future development on the east side of the city being on a first priority basis. Mr. T. McKay pointed out that the issue under discussion was "off-peak" capacity that would not interfere with normal capacity. No other delegations were registered respecting this matter. The recommendation in the staff report was then considered and it was agreed to add an additional PLANNING & ECONOMIC DEVELOPMENT COMMITTEE -8- JAN UARY 17, 1994 sentence to Item #1 in accordance with a suggestion by Ms. B. Newell and to revise Item #2 of the recommendation in accordance with the suggestion of Mr. P. Britton. On motion by Councillor J. Ziegler, it was resolved: That based on discussions held regarding Breslau expansion and Forwell's request for off-peak discharge into the Ottawa/Montgomery Sanitary Sewer with Regional staff, Township of Woolwich staff, the developer and his consultant and Management Committee we approve the following recommendations: That Kitchener City Council advise the Regional Municipality of Waterloo that Kitchener will support residential development in Breslau to a level consistent with its continued designation under Settlement Policy Area E with the exact maximum number of units to be determined at the time of finalization of the Regional Plan Review and after the completion of a Transportation Study to determine the realignment of Regional Road 17. This support is contingent upon Woolwich withdrawing O.P.A. #1 and special policies be included in the R.O.P.P. to permit Breslau to develop as a Settlement in Policy Area E with a specified cap on development. That staff be instructed to inform Paul Puopolo, Planning Initiatives Ltd., that the City of Kitchener would be willing to consider off-peak pumping of sewage from Breslau into the Ottawa/Montgomery Sanitary Sewer System subject to allocating required capacity for all future development on the east side of the City on a first priority basis, resolution of any odour and pumping station issues as well as finalizing a financial and operating agreement. PD 131/93 - 75 Ardelt Place - Request for Direction re Processing - Official Plan Amendment Application 93/14 - Wagon Wheel Flea Market (Mr. Willard Sallans) - Fairview Ward The Committee was in receipt of Planning & Development Staff Report PD 131/93 dated December 31, 1993 concerning applications for Official Plan Amendment and Zone Change relative to the property known municipally as 75 Ardelt Place. The purpose of the applications is to allow the existing industrial building to be used as an exhibition display facility (flea market) on a temporary use basis. It was suggested in the report that this option be extended to all industrial areas and not only to 75 Ardelt Place. Accordingly the amendment would revise both the General Industrial and Heavy Industrial land use categories to permit exhibition display facilities on a temporary use basis in situations where adequate off-street parking can be provided in accordance with the regulations of the implementing zoning by-law. Mr. L. Masseo reviewed the purpose of the applications and advised that it was his understanding the applicant has problems with financing due to the temporary use basis restriction. Mr. Willard Sallans was in attendance respecting this matter. Councillor B. Stortz pointed out that the report was simply to initiate the process at this time. PD 131/93 - 75 Ardelt Place - Request for Direction re Processing - Official Plan Amendment Application 93/14 - Wagon Wheel Flea Market (Mr. Willard Sallans) - Fairview Ward (CONT'D) On motion by Councillor B. Stortz, it was resolved: That Planning and Economic Development Committee recommend acceptance of Official Plan Amendment Application 93/14 (Wagon Wheel Flea Market - Mr. Willard Sallans) for processing with the clear understanding that processing in no way implies acceptance or rejection of this application. PD 130/93 - 1701 Glasgow Street - Request for Direction re Processing - Official Plan Amendment Application 93/13 -Autocraft Foreign Cars Inc. (Mr. Howard Magid) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE -9- JAN UARY 17, 1994 - West Ward The Committee was in receipt of Planning & Development Staff Report PD 130/93 dated January 10, 1994 respecting applications received for Official Plan Amendment and Zone Change relative to the lands known municipally as 1701 Glasgow Street. The purpose of the applications is to legalize an existing automobile salvage operation of Autocraft Foreign Cars Inc. It was noted that in the report that the Official Plan Amendment would change the land use designation on the subject lands from General Industrial to Heavy Industrial. As well it was noted that in addition to the Autocraft lands, the lands located between Glasgow Street and the Kitchener- Wilmot boundary from the CN Rail mainline to a point approximately 300 metres from Highland Road were also proposed to be designated Heavy Industrial. Mr. L. Masseo briefly explained the purpose of the application. No delegations were registered respecting this matter. On motion by Councillor C. Zehr, it was resolved: That Planning and Economic Development Committee recommend acceptance of Official Plan Amendment Application 93/13 (Autocraft Foreign Cars Inc. - Mr. Howard Magid) for processing with the clear understanding that processing in no way implies acceptance or rejection of this application. PD 128/93 - 227-247 Fergus Avenue & 15-19 Rutherford Drive - Rental Housing Protection Act - Amendment to Section 40 Development Agreement - Credit Mountain Land Company Ltd. - Chicopee Ward The Committee was in receipt Planning & Development Staff Report PD 128/93 dated December 22, 1993 dealing with a request for relief from conditions pursuant to the Rental Housing Protection Act associated with the Section 40 Development Agreement registered against 227-247 Fergus Avenue and 15-19 Rutherford Drive. It was noted in the report that the owner, Credit Mountain Land Co. Limited, requests release from conditions l(e) and l(f) of the Development Agreement registered April 26, 1989 since they are experiencing difficulty keeping tenants and would like to sell the units if they cannot be rented. Staff have concluded that the removal of the two conditions from the existing agreement will not adversely affect the supply of rental stock in the city and will give the landlord greater flexibility to generate income. Mr. R. Mattice advised that staff have nothing further to add to the report under consideration. No delegations were registered respecting this matter. PD 128/93 - 227-247 Fergus Avenue & 15-19 Rutherford Drive - Rental Housing Protection Act - Amendment to Section 40 Development Agreement - Credit Mountain Land Company Ltd. - Chicopee Ward (CONT'D) On motion by Councillor M. Yantzi, it was resolved: That in respect to the Rental Housing Protection Act relating to 227-247 Fergus Avenue and 15-19 Rutherford Drive, Council approve the following amendments to the Section 40 Development Agreement known as instrument #831467: DELETE SECTIONS l(e) AND l(f) OF THE EXISTING REGISTERED AGREEMENT AND REPLACE WITH THE FOLLOWING: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE -10- JAN UARY 17, 1994 1.(e) This agreement shall confer no rights whatsoever upon any new tenant who enters into a lease agreement with the Owner and occupies an Existing Unit after the date of registration of the final plan of condominium (hereinafter called a "Post-Registration Tenant"). The Owner shall give notice of this agreement to all Post-Registration Tenants, at the time they enter into their leases, and provide proof of notification to the Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by such tenants as acknowledgement of receipt, following which such tenants shall be deemed to have notice that they do not have any rights under this agreement. PD 115/93 - Staging of Development Report 1994-Post 1995 PD 94/1 - Addendum to PD 115/93 The Committee was in receipt of Staff Report PD 115/93 pertaining to Staging of Development Report 1994-Post 1995. It was noted in the report that the Staging Development Report was prepared by the Department of Planning & Development in close co-operation with the Department of Public Works and other City departments. It is prepared as a document outlining municipal intention toward the scheduling and processing of plans of subdivision for residential, industrial and commercial development. Also it was noted that it is intended the report be used by City Council, the development industry, land owners, municipal agencies, and the general public as background data and information regarding current and anticipated residential, industrial and commercial subdivision development. Further, the Staging of Development Report is intended to be approved by City Council and is integrated with the City's approved 10 year Capital Budget. The main focus of the report relates to anticipated municipal approval dates of draft plans of subdivision for those lands requiring municipal expenditures for growth related services and the relationship of these dates to Council's scheduling of monies to fund these projects or alternatively, the developers responsibility to install municipal services in exchange for development charge credits. The Staging of Development Report is prepared in accordance with the requirement of the City's Official Plan, namely Section IV, Comprehensive Planning Principles and Policies, Subsection 1, Growth and Development. Mr. T. McCabe introduced the Annual Staging Report and pointed out that there were two changes incorporated into the format of this years report. The first change is noted within Table II (Potential Municipal Draft Plan Approval - 1994) wherein the table is broken down further by priority - A, B or C. Priority A states that the Draft Plan of Subdivision is intended to be draft approved by the end of April; Priority B states that the Draft Plan of Subdivision is intended to be draft approved by the end of August; and Priority C states that the Draft Plan of Subdivision is intended to be draft approved by the end of 1994. He noted that this refinement would provide a better understanding to staff and agencies as to prioritizing their resources with regard to 1994 approvals. PD 115/93 - Staging of Development Report 1994-Post 1995 PD 94/1 - Addendum to PD 115/93 (CONT'D) The second change in format this year relates to the housing form designation of single detached, semi-detached, townhouse, apartment and blocks. The column for single detached is now further broken down into three categories by lot width. The letters S, M and L describe the lot width-small, medium and large. Then "S" represents lot widths less than 40 feet (12.19 metres); "M" represents lot widths from 40 to 55 feet (16.76 metres); and "L" represents lot widths greater than 55 feet. Mr. Z. Janecki provided the Committee with an overview of highlights within the report and commented on the lot inventory as well as the Iow level of activity currently being experienced. Staff report PD 94/1 dated January 11, 1994 which was prepared as an addendum to PD 115/93 was distributed with the agenda to Committee members. Report PD 94/1 recommends approval of the Staging Report subject to the revisions outlined within PD 94/1. Mr. Janecki noted that these revisions were the consequence of circulation and discussion of PD 115/93. Mr. Janecki then circulated a memorandum dated January 14, 1994 which requests consideration of two additional last minute revisions that have come about as a result of on going discussions. These revisions relate to Parcel #35 - Caryndale Developments Hearthwood and Parcel # D -D.I. Weber. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE -11 - JAN UARY 17, 1994 Mr. Paul Britton appeared as a delegation as President of the K-W Home Builders Association to fully support the thrust of the Staging Report. Mr. T. McCabe commented that even though staff may disagree with bringing an application from 1995 forward to 1994 they have agreed to accept some for circulation purposes. Councillor T. Galloway questioned how realistic draft approval in 1994 was in respect to the easterly portion of Parcel #35. Mr. T. McCabe explained that staff would be adhering to standard procedural direction and that the final report would be sent to concerned parties after the establishment of the public meeting date. Councillor T. Galloway stated that some months ago he had introduced a motion requesting staff to consider freezing development within subdivisions west of Homer Watson Blvd. until the street was widened. He stated that he thought the Staging Report would address this request. Mr. B. Stanley advised that staff have acted on this direction and studies address this issue as part of the subdivision process. Mr. T. McCabe commented that with consideration of studies, development may proceed on certain conditions. The recommendations in the staff reports and the revisions requested this date by Mr. Z. Janecki were then considered and agreed to. On motion by Councillor C. Zehr, it was resolved: The Department of Planning and Development recommends: 1) That subject to the changes recommended in Sections 2, 3, 4 and 5 below, Council approve the 1994 - Post 1995 Staging of Development Report (PD 115/93) dated December 15, 1993. Further, all additional requests received for advancement in the Municipal Draft Plan Approval date or 1994 Priority not be supported. 2) That the following request be added to the Staging of Development Report: a) York Nursery be added as Parcel #10A for Municipal Draft Approval 1995 with the following information incorporated: Single Detached Semi-Detached Development Charge Expenditure Development Charge Revenue Park Frontage City Cost Expected Development s3 10 $0 $ 50,000 $0 1996 PD 115/93 -Staging of Development Report 1994-Post 1995 PD 94/1 - Addendum to PD 115/93 (CONT'D) Servicing Comments: Timing Comments: Subject to review and confirmation of the servicing capacity for the immediate area. Will require an amendment to the Official Plan with respect to the limitation on sanitary servicing capacity. 3) That the request from Grand River Railway be supported and that Parcel #91 be advanced from 1995 to 1994 Municipal Draft Plan Approval - Priority B. 4) That Max Becker Enterprises, Parcel #23 be advanced from Priority C to Priority B in 1994. 5) That the following text changes associated with the respective Land Parcel #'s in the Staging Report be approved: Parcel #7 - 793291 Ontario Limited (Cybau Holdinqs) That the following phrase be added to the Timing Comments: "Multiple Residential Blocks in Stages 2 and 5 may be further subdivided into single/semis and processing of these changes would be possible for draft approval by the end of 1994." PLANNING & ECONOMIC DEVELOPMENT COMMITTEE -12- JAN UARY 17, 1994 Parcel #16, #17 and #18 - Cybau Holdinqs Parcel #20 - Norris/Sternber.q Parcel #22 - Max Becker Enterprises That the following phrase be added at the end of the last sentence of the Servicing Comments as follows: "Subject to an Environmental Implementation Report as required by the Laurentian West Environmental Review." Parcel #17 - Cybau Holdinqs That the request for the expansion of the boundary line for this parcel be supported. Parcel #22 - Max Becker Enterprises That reference to the Expected Development date of 1996 be advanced to 1995. Parcel #23 - Max Becker Enterprises That reference to the sanitary and storm servicing via Strasburg Creek system be deleted from the Timing Comments. Parcel #32 - Hallman-Aberdeen That reference to the Environmental Implementation Report in the Timing Comments be revised to read as follows: "GRCA, MNR and the City have approved the Environmental Implementation Report in accordance with requirements of Strasburg Creek Master Watershed Plan." Parcel #35 - Caryndale Developments Hearthwood That the following statement replace the sixth sentence in the Timing Comments pertaining to timing of development as follows: "The easterly portion of this plan may proceed independently with access and servicing from Caryndale Drive and this may be considered for Draft Approval in 1994. However, the westerly portion shall be reserved for future development in order to allow joint resolution of the environmental and road network issues with the Hallman-Aberdeen Subdivision (Parcel #33) in 1995." Parcel #46 - Ormstron That reference to development on full municipal services dependent on Monarch (#43) in the Timing Comments be revised to read "Monarch" (#48); and That the following statement be added to the Servicing Comments as follows: "In order to provide sanitary service to portions of Ormstron (#46), 913612 Ontario Inc. (#47) and Monarch (#48), a deeper sanitary sewer will be required through Monarch (#48) at no cost to the City." PD 115/93 -Staging of Development Report 1994-Post 1995 PD 94/1 - Addendum to PD 115/93 (CONT'D) Parcel #47 - 913612 Ontario Inc. That the following statement be added to the Servicing Comments as follows: "In order to provide sanitary service to portions of Ormstron (#46), 913612 Ontario Inc. (#47) and Monarch (#48), a deeper sanitary sewer will be required through Monarch (#48) at no cost to the City"; That reference to the Doon South - Brigadoon Transportation Network Analysis and Alignment Study in the Timing Comments be deleted; and That the following statement be added to the Timing Comments: "Requires an Official Plan Amendment for Estate Residential to be changed to a serviceable land use." Parcel #48 - Monarch That the following statement be added to the Servicing Comments: "Requires extension of the watermain from the south/east. In order to provide sanitary service to portions of Ormstron (#46), 913612 Ontario Inc. (#47) and Monarch (#48), a deeper sanitary sewer will be required through Monarch (#48) at no cost to the City." PLANNING & ECONOMIC DEVELOPMENT COMMITTEE -13- JAN UARY 17, 1994 Parcel #66 - 849734 Ontario Limited That reference to the Expected Development date be advanced to 1999. Parcel #89 - Barnhart et al Parcel #89A - Bot Construction and Classic Crown Investment Canada Inc. That the Bot Construction and Classic Crown Investment properties be identified separately from the balance of the land parcels #89 and be identified as Parcel 89A; and That the following phrase be added to the Servicing Comments of both parcels: "May require Environmental Review of the Melitzer Creek wetlands." Parcel mc - Rosenberq et al Parcel mD - D.I. Weber Parcel #F - Dorar Investments Parcel #G - Breslau Farms Limited Parcel #1 - Candarend Investments Parcels #J & #K - 859628 Ontario Limited Parcel #34 - 673099 Ontario Limited That the following statement under the Timing Comments be revised to read as follows: "Subject to finalization of Huron Business Park Secondary Plan Review including finalization of Huron Natural Park." Parcel mD - D.I. Weber That reference to access and servicing in the Timing Comments be revised to read: "Sanitary service to be provided from the north, and if required, from the east and access will only be available from the north to Washburn Road." 10. PD 129/93 - Kitchener Municipal Plan Public Meeting Date The Committee was in receipt of Planning & Development Staff Report PD 129/93 dated January 10, 1994 which provided background relative to development of the new Municipal Plan for the City to this point in time and requests that the Committee establish the date of a special public meeting of Planning & Economic Development Committee to hear representations regarding the Plan and to adopt it. The proposed Municipal Plan was then distributed to members of the Committee at this time. On motion by Councillor C. Zehr, it was resolved: That the Planning and Economic Development Committee set aside Wednesday, March 2, 1994, 7:00 p.m. in the Council Chambers, for a special public meeting, as the formal public meeting required under the Planning Act, to hear representation from the public and to adopt the Municipal Plan. 11. ADJOURNMENT On motion, the meeting adjourned at 6:30 p.m. L.W. Neil, AMCT Assistant City Clerk