HomeMy WebLinkAboutPlng & Econ Dev - 1994-05-02P E D\1994-05 -02
MAY 2, 1994
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
CITY OF KITCHENER
The Planning and Economic Development Committee met this date commencing at 3:20 p.m. under the
Chairmanship of Councillor C. Weylie, with the following members present: Mayor D.V. Cardillo, and
Councillors J. Ziegler, T. Galloway, M. Yantzi, G. Leadston, J. Smola, C. Zehr, G. Lorentz, B. Stortz and
M. Wagner.
Officials present:
Mr. T. McKay, Ms. V. Gibaut, Mr. T. McCabe, Mr. B. Stanley, Ms. C. Ladd, Mr. J.
Willmer, Mr. D. Snow, Mr. K. Mayer, Mr. J. Witmer, Mr. J. Shivas, Mr. D. Mansell, Ms.
S. Frenette, Mr. R. Mattice, Ms. B. Newell and Mr. L.W. Neil.
1.PD 94/39
GATEWAY BUSINESS PARK
MUNICIPAL PLAN - HIGHWAY COMMERCIAL DESIGNATION
SOUTH WARD
The Committee was in receipt of Planning and Development Staff Report PD 94/39 dated April 29, 1994
dealing with the Gateway Business Park and the New Municipal Plan Highway Commercial
Designation for the Park. It was noted in the report that Mr. B. Clarkson had requested his client's
lands be designated Highway Commercial. This request was approved by Council on March 28,
1994, subject to the completion of a Retail and Traffic Impact Study. It was noted that these studies
have now been completed and submitted for review by the Committee and correspondence from Mr.
B. Clarkson was also included with the Agenda in this regard.
It was pointed out in the staff report that both Planning Staff and Traffic and Parking Staff concur with the
findings in the studies and accordingly recommend that the Highway Commercial Designation be
extended to include the entire section shown on Map 1 attached to Staff Report PD 94/39. A
significant portion of this land is already performing Highway Commercial functions and the
remainder of the land is too small to affect the findings of the Studies.
Mr. B. Stanley provided the Committee with an overview of the issues referred to in the staff report and
the documentation submitted in this regard.
Councillor T. Galloway expressed concern that the proposed change might result in the need for Gateway
Drive to be widened as it seems at present that the roadway might be undersized. Further, he
noted that people were currently parking on Gateway Park Drive to access Aikenhead and the Price
Club. Mr. D. Snow advised that staff were reviewing parking access issues that contribute to the
congestion that has been noted on Gateway Park Drive.
Mr. B. Clarkson appeared as a delegation on behalf of owners of the vacant lands on Gateway Park Drive
to support the reports that have been submitted. He noted that the reports assume all of the vacant
lands would be developed as requested. In reference to the Retail Impact Study, he pointed out
that the report concludes that there will be no adverse effect on existing commercial areas. In fact,
there would be positive impacts as a result of a decrease in outflow of revenues from the Region of
Waterloo and through the creation of 600 new jobs in the Park. Further, he noted that staff had
reviewed the Traffic Study and that Regional Staff do not have any concern with Traffic Study.
Councillor J. Ziegler indicated that he would support the staff recommendation but he wished to express a
concern over the City's regulations pertaining to the amount of required parking spaces as in his
view the City does not appear to take into account the nature of warehousing operations when
dealing with the matter of required parking spaces for development. He suggested that staff look at
similar communities with such operations and review the amount of parking those communities were
requiring for such business operations.
Mr. T. McCabe commented that as part of applications for zone change respecting proposals in the
Business Park, staff could review this parking issue and incorporate additional detailed information
concerning this matter in the staff report.
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I.PD 94/39
GATEWAY BUSINESS PARK
MUNICIPAL PLAN - HIGHWAY COMMERCIAL DESIGNATION
SOUTH WARD (CONT'D)
On motion by Councillor J. Ziegler,
it was resolved:
"That Council approve the reports entitled "Review of Traffic Implications from a Proposed Retail
Development at the Northeast Corner of King Street/Tu Lane Intersection, City of Kitchener"
prepared by the BA Group and "Retail Impact Study Gateway Business Park Lands near Highway 8
and Highway 401" prepared by Malone Given Parsons, and further,
That the lands outlined on Map 1 attached to Staff Report PD 94/39 be designated Highway Commercial
on Map 5 of the New Municipal Plan approved by resolution of Council on March 29, 1994."
In reference to the amount of parking required, Councillor T. Galloway stated that he was of the view that
the developer/retailer was in the best position to know the parking requirements of their customers.
He suggested that the problem on Gateway Park Drive was that it was too convenient for customers
to park on the road rather than use the parking lot as the road was relatively close to the business
entrance. Councillor B. Stortz commented that Saturday was the only day that the parking lot was
full.
On motion by Councillor J. Ziegler,
it was resolved:
"That Planning/Traffic Staff investigate parking regulations with a view to upgrading the parking
requirement for retail warehousing type businesses and report at a future meeting of the Planning
and Economic Development Committee."
2.PD 94/30
- HIGHLAND ROAD WEST & VICTORIA STREET SOUTH
- REVISION TO HIGHLAND WEST COMMUNITY PLAN
- REVISION TO PLAN OF SUBDIVISION 30T-88033
- CYBAU HOLDINGS INC.
- WEST WARD
The Committee was in receipt of Planning and Development Staff Report PD 94/30 dated April 15, 1994.
A revision to the Highland West Community Plan is requested along with a revision to draft approval
of Plan of Subdivision 30T-88033 (Cybau Holdings Inc.) situated within the area west of Fischer
Hallman Road, south of Victoria Street South, east of proposed Ira Needles Boulevard and north of
Highland Road.
It was noted in the report that the revisions are a result of the applicant proposing to revise the proposed
developments intended for Stage 3 Block 1 and Stage 4 Block 4 from proposed townhouse
development to lots intended to be developed as semi-detached residential dwellings. The
requested changes are primarily due to reflect current market demands but no changes are
necessary to the existing zoning which permits development of single detached, semi-detached and
townhouse dwellings.
Mr. T. McCabe explained the purpose of the applications and pointed out that they involve 23 semi-
detached buildings constituting 46 dwelling units and that the number of units being developed was
comparable to townhouse development.
Mr. P. Britton, MacNaughton Hermsen Britton Clarkson Planning Limited appeared as a delegation and
advised that he was in support of the staff report.
No other delegations responded to the Chairman's invitation to address the Committee on this matter.
2.PD 94/30
- HIGHLAND ROAD WEST & VICTORIA STREET SOUTH
- REVISION TO HIGHLAND WEST COMMUNITY PLAN
- REVISION TO PLAN OF SUBDIVISION 30T-88033
- CYBAU HOLDINGS INC.
-WESTWARD (CONT'D)
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On motion by Mayor D.V. Cardillo,
it was resolved:
"That PD 87~87 "Highland West Community Plan", as amended by PD 91/92 and PD 104/92, be revised
as follows:
a)That Map B, Land Use Plan, be revised for two parcels from "Multiple Residential" to Low Density
Residential, as shown on "Map B" attached, and titled "Revised Highland West Community
Plan", dated revised April 14, 1994.
It is the opinion of this Committee that the approval of this revision to Community Plan is proper planning
for the City.
That Council agree to the request of Cybau Holdings Inc. to revise Plan of Subdivision 30%88033,
subject to execution and registration of a Supplementary Subdivision Agreement to the agreement
registered as Instrument Number 1191604, with said supplementary agreement amending the
subdivision agreement as follows:
1)That the date referenced in Clause 51 be amended from "Revised February 17, 1993", to "Revised
April 14, 1994".
2)That Clause 56 be amended to make reference to two additional street names as shown on the plan of
subdivision and named as follows:
Jacqueline Place
Michelle Court
3)That Clause 57 be amended such that all references under Sta,qe 3 be deleted and replaced with the
following:
"Blocks 14, 15 and 16 for 0.3 metre reserves"
4)
That Clause 57 be amended such that all references under Sta,qe 4 be deleted and replaced
with the following:
"Block 16 for a 0.3 metre reserve"
5)That Clause 57 be amended such that all reference under Sta,qe 5 be deleted and replaced with the
following:
"Block 3 for a 0.3 metre reserve"
6)That Clause 60 be amended such that reference in line 3 to "Block 4 (Sta,qe 4)" be deleted and
replaced with "Lots 5 to 8 inclusive (Staqe 4)"
7)That Clause 63(b) be amended such that all reference under Sta,qe 3 be deleted and replaced with the
following:
"Lots 1 to 11 and Block 12"
8)That Clause 63(b) be amended such that all reference under Sta,qe 4 be deleted and replaced with the
following:
2.PD 94/30
- HIGHLAND ROAD WEST & VICTORIA STREET SOUTH
- REVISION TO HIGHLAND WEST COMMUNITY PLAN
- REVISION TO PLAN OF SUBDIVISION 30T-88033
- CYBAU HOLDINGS INC.
-WESTWARD (CONT'D)
"Lots 1 to 15 inclusive"
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9)That Clause 66(e) v) be amended such that all reference to "Blocks 3 and 4 (Sta.qe 3)," be deleted and
replaced with the following:
"Block 14 (Staqe 3)"
10)That Clause
66(k) be changed such that reference in line 3 to "Block 2", be changed to "Block 13",
and reference in line 7 to "Block in Stage 3", be changed to "Lots or Block in Staqe
3'--.
11 )That Clause 66(I) be deleted and replaced with the following:
"That as part
of the development of Stage 3 to construct a temporary turning circle to City
standards on the easterly part of Block 2 (Stage 5), as shown on the Seventh
Schedule attached hereto. Said turning circle shall be designed, constructed and
ultimately removed to the satisfaction of the City's Department of Public Works."
12)That Clause
67 be changed such that reference after the fourth line to the following be added "Lots 1
to 11 (Stage 3)", and that the reference in line 5, be changed from "where possible in
Lots 1,2 and 3, (Stage 4 ) to, "where possible in Lots 1 to 15 inclusive, (Staqe 4)".
13)That Council
authorize the City Solicitor to make all other changes to the Subdivision Agreement to
reflect the new lot/block references arising out of the changes herein. That the Seventh
Schedule be replaced respectively, with the revised Plan of Subdivision dated April 14,
1994.
It is the opinion of this Committee that the approval of this revision to the Subdivision Plan is proper
planning for the City."
3.PD 94/42 - AMENDMENTS TO SIGN BY-LAW RE: REGULATIONS FOR INFLATABLE SIGNS
The Committee was in receipt of Planning and Development Staff Report PD 94/42 dated April 25, 1994
dealing with proposed regulations with regard to use of inflatable signs under Chapter 680 of the
Municipal Code. It was noted in the report that the Committee directed the department to prepare
new regulations for inflatable signs based on criteria that was referred to at the meeting. In this
regard, attached to Staff Report PD 94/42 were regulations shown as Appendix "A" and additional
amendments to the Municipal Code shown as Appendix "B".
Mr. T. McCabe pointed out that a 6 month trial period had been supported by the Committee and Council
and then highlighted several of the proposed regulations. He indicated that staff support a
maximum size of 4.0 metres rather than 3.7 metres in height as requested by Mr. B. Jackson. In
reference to regulation #10, he suggested that it be changed from 3 to 6 sign permits per calendar
year and from 15 to 7 continuous days. With this change, he suggested that the permit fee also be
changed from $35 to $20 for a seven day period.
Councillor M. Wagner referred to the instance of the K-W Area Visitor & Convention Bureau being
required to remove an illegal sign and Mr. T. McCabe advised that the Ministry of Transportation
had required them to remove it as the Ministry had jurisdiction. Councillor Wagner questioned if the
City would be willing to make an exception if the Bureau was able to obtain a permit from the
Ministry and Mr. T. McCabe indicated that an exception could be made.
3.PD 94/42 - AMENDMENTS TO SIGN BY-LAW RE: REGULATIONS FOR INFLATABLE SIGNS
(CONT'D)
Further discussion of the regulations took place. In response to the discussion, Mr. T. McCabe
suggested that regulation #10 be re-written to accommodate a permit fee of $3.00 daily to a
maximum of 45 days per year. It was agreed to revise regulation #4 and #10 in Appendix "A" so as
to permit additional flexibility as requested and to include an additional regulation providing an
exemption to the K-W Area Visitor & Convention Bureau.
On motion by Councillor J. Ziegler,
it was resolved:
"(A) That Chapter 680 (SIGNS) of the Municipal Code be amended to permit the use of inflatable signs
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in accordance with the regulations attached to Staff Report PD 94/42 as "Appendix A" as
revised this date and additional amendments attached as "Appendix B."
(B)
That following a six-month trial period, Council may reconsider the use of inflatable signs and,
if deemed appropriate, consider additional amendments further regulating or prohibiting future
use of such signs.
(C) That Council establish a sign permit for inflatable signs and set a permit fee of $3.00 per day.
(D) That Council's Enforcement Policy directing proactive enforcement of portable signs be
extended to inflatable signs."
Councillor J. Ziegler suggested that the City's support for the K-W Area Visitor and Convention Bureau
should be conveyed to the Ministry.
On motion by Councillor J. Ziegler,
it was resolved:
"That the Ministry of Transportation of Ontario be advised that the City of Kitchener supports the use of
an inflatable sign by the K-W Area Visitor & Convention Bureau at its location at the corner of King
Street East and Weber Street East Kitchener, adjacent to Highway #8."
4. PD 94/36
- 175 SIEBERT AVENUE - DRAFT PLAN OF CONDOMINIUM
- CONDOMINIUM CONVERSION APPLICATION CDC 93/3/CL
- J. FEDY ET AL (FAIRVIEW WARD)
The Committee was in receipt of Planning and Development Staff Report PD 94/36 dated April 27, 1994
concerning a recommendation to grant Draft Plan of Condominium approval for Condominium
Conversion of 175 Siebert Avenue. It was noted in the report that the owner wishes to convert a 22
unit townhouse complex to condominium status to allow freehold ownership of each unit.
It was pointed out that notice that the Committee would hold a public meeting this date to consider this
matter had previously been given.
Ms. S. Frenette advised that the report deals with the Condominium Agreement which has been prepared
as a result of an application under the Rental Housing Protection Act which was approved by City
Council on August 23, 1993.
Mr. Tim Fedy, Barrister, appeared as a delegation on behalf of the owners and indicated they were in
support of the staff recommendation.
No other delegations responded to the Chairman's invitation to address the Committee on this matter.
4. PD 94/36-
175 SIEBERT AVENUE - DRAFT PLAN OF CONDOMINIUM
- CONDOMINIUM CONVERSION APPLICATION CDC 93/3/CL
- J. FEDY ET AL (FAIRVIEW WARD) (CONT'D)
On motion by Councillor M. Wagner,
it was resolved:
"That Condominium Conversion Application CDC 93\3\CL (J. Fedy et al) which relates to 175 Siebert
Avenue be granted Draft Plan of Condominium approval, subject to the following conditions:
That prior to the signing of the final plan by the City Clerk for registration, the Owner satisfy
the following conditions:
(a)
That the final Plan for registration purposes shall be prepared in accordance with the attached
Condominium Plan dated 94 04 22 with a copy of the final plan being approved by the
Commissioner of Planning and Development.
(b) To submit a draft Condominium Declaration for the approval of the Commissioner of Planning
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(c)
(d)
(e)
(f)
(i)
(ii)
and Development containing the following provisions:
(i)
To maintain the public and private sidewalks, driveways and parking areas in a snow
free condition and void of any obstructions 12 months of the year;
(ii)
To prohibit the parking and storage of derelict vehicles and recreational vehicles on
the subject lands;
To arrange for a private contractor to pick up and dispose of garbage refuse from a
designated refuse area.
(iv)
To identify the location of Bell Canada facilities including the existing side wall
terminals located at Units 1, 9, 10, 18, and 19 and service wires located along the
back wall to the units and to advise occupants of the permanent design of these
facilities and the possible requirements for future maintenance.
The Owner covenants and agrees in writing to the Commissioner of Planning and
Development to register a Condominium Declaration as required in Condition 1 (b) hereof.
To designate a visitor parking area as shown on the draft plan of condominium attached to the
satisfaction of the Director of Development, and to sign said area as "Visitor Parking" in
accordance with the approved plan.
That a Technical Building Audit be completed and submitted to the City's Chief Building
Official for approval and any deficiencies identified under the Ontario Building Code or
Chapter 665 of the Municipal Code (Property Standards for Maintenance and Occupancy) be
rectified to the satisfaction of the Chief Building Official.
To submit to the Commissioner of Planning and Development, a letter from the Regional
Municipality of Waterloo advising that all Regional conditions have been satisfied. The
clearance letter shall include a brief statement for each condition outlined below detailing how
each has been satisfied:
That
the Owner complete and submit to the Region a Noise Study to indicate to the Region's
Commissioner of Planning and Culture, methods to be used to abate noise levels and is
necessary shall enter into an agreement with the Regional Municipality of Waterloo to
provide for implementation of the approved Noise Study.
That a 7.62 metre (25 foot) daylighting triangle at the intersection of Siebert Avenue and
Courtland Avenue be established and conveyed to the Region.
4. PD 94/36-
175 SIEBERT AVENUE - DRAFT PLAN OF CONDOMINIUM
- CONDOMINIUM CONVERSION APPLICATION CDC 93/3/CL
- J. FEDY ET AL (FAIRVIEW WARD) (CONT'D)
(g)
To submit to the Department of Planning and Development in order to expedite the Municipal
Release of the Draft Plan of Condominium for registration a detailed written submission
outlining and documenting how all conditions imposed requiring attention and action prior to
registration have been met and satisfied.
That the conditions attached to City Council's September 27, 1993 approval under the Rental
Housing Protection Act be satisfied prior to release of the Plan of Condominium for final
registration.
It is the opinion of this Committee that the approval of this application 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, May 9, 1994.
5.PD 94/35
- 4 AND 30 AVALON PLACE - DRAFT PLAN OF CONDOMINIUM
- CONDOMINIUM CONVERSION APPLICATION CDC 93/1/CL
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- CONDOMINIUM CONVERSION APPLICATION CDC 93/2/CL
- HUMMEL CONSTRUCTION LIMITED
- ROCKWAY-ST. MARY'S WARD
The Committee was in receipt of Planning and Development Staff Report PD 94/35 dated April 27, 1994
concerning a recommendation to grant Draft Plan of Condominium Approval for Condominium
Conversion of 4 and 30 Avalon Place. It was noted in the report that the lands were the subject of
applications under the Rental Housing Protection Act which were approved by City Council on
August 23, 1993.
It was also noted in the report that the owner wishes to convert 46 units contained within 30 Avalon Place
and 24 units contained within 4 Avalon Place to condominium status to allow freehold ownership of
each unit.
It was pointed out that notice that the Committee would hold a public meeting this date to consider this
matter had previously been given.
Ms. S. Frenette advised that she had nothing further to add to the staff report under consideration.
Mr. Eldon Schneider of Metz and Lorentz Limited, Surveyors, appeared as a delegation on behalf of
Hummel Construction Limited and advised that the applicant was in support of the staff
recommendation.
No other delegations responded to the Chairman's invitation to address the Committee on this matter.
On motion by Mayor D.V. Cardillo,
it was resolved:
"That Condominium Conversion Application CDC 93\1\CL and 93/2/CL (Hummel Construction Ltd.) which
relate to 4 and 30 Avalon Place be granted Draft Plan of Condominium approval, subject to the
following conditions:
That prior to the signing of the final plan by the City Clerk for registration, the Owner satisfy the
following conditions:
5.PD 94/35
(a)
(b)
(i)
- 4 AND 30 AVALON PLACE - DRAFT PLAN OF CONDOMINIUM
- CONDOMINIUM CONVERSION APPLICATION CDC 93/1/CL
- CONDOMINIUM CONVERSION APPLICATION CDC 93/2/CL
- HUMMEL CONSTRUCTION LIMITED
- ROCKWAY-ST. MARY'S WARD (CONT'D)
That the final Plan for registration purposes shall be prepared in accordance with the attached
Condominium Plan dated 94 04 14 with a copy of the final plan being approved by the
Commissioner of Planning and Development.
To submit a draft Condominium Declaration for the approval of the Commissioner of Planning
and Development containing the following provisions:
To maintain the public and private sidewalks, driveways and parking areas in a snow free
condition and void of any obstructions 12 months of the year;
(ii)
To prohibit the parking and storage of derelict vehicles and recreational vehicles on the
subject lands;
To arrange for a private contractor to pick up and dispose of garbage refuse from a
designated refuse area.
(c) The Owner covenants and agrees in writing to the Commissioner of Planning and
Development to register a Condominium Declaration as required in Condition 1 (b) hereof.
(d) To designate a visitor parking area as shown on the draft plan of condominium attached to the
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satisfaction of the Director of Development, and to sign said area as "Visitor Parking" in
accordance with the approved plan.
(e)
To submit a plan showing details for a supporting concrete pad and enclosure for all outdoor
garbage and recycling containers for the approval of the Director of Development and to
construct and locate said enclosures in accordance with the approved plan.
(f)
To submit to the Commissioner of Planning and Development, a letter from the Regional
Municipality of Waterloo advising that all Regional conditions have been satisfied. The
clearance letter shall include a brief statement for each condition outlined below detailing how
each has been satisfied:
(i)
That the Owner enter into an agreement with the Regional Municipality of Waterloo agreeing
that the following clause be included in Offers to Purchase and Deed or Rental
Agreements for all units:
"Due to its proximity to the Conestoga Parkway, projected noise levels on this property exceed the Noise
Level Objective approved by the Regional Municipality of Waterloo and may case
concern to some individuals."
(g)
To submit to the Department of Planning and Development in order to expedite the Municipal
Release of the Draft Plan of Condominium for registration a detailed written submission
outlining and documenting how all conditions imposed requiring attention and action prior to
registration have been met and satisfied.
That the conditions attached to City Council's August 23, 1993 approval under the Rental
Housing Protection Act be satisfied prior to release of the Plan of Condominium for final
registration.
It is the opinion of this Committee that the approval of this application 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, May 9, 1994.
6.PD 94-40-
526 CHARLES STREET EAST
- DEMOLITION CONTROL APPLICATION DC 94/02/RM
- RUSSELL & EARL PHILLIPS
- ROCKWAY-ST. MARY'S WARD
The Committee was in receipt of Planning and Development Staff Report PD 94/40 dated April 21, 1994
dealing with a Demolition Control Application submitted by Russell and Earl Phillips with regard to
the property known municipality as 526 Charles Street East. It was noted in the report that the
applicant proposes to demolish a vacant single detached dwelling to allow for the eventual use as a
parking lot that would increase parking for Phillips Brothers Radiator Manufacturing located at 983
King Street East. It was pointed out in the report that under the Demolition Control By-law the
proposed parking lot was an acceptable redevelopment scheme but that the Department does have
concerns regarding the application because the two properties involved are on separate lots and
have different zoning classifications. It was noted that both properties have been rezoned
Commercial-Residential (C-4) through Stage 6 of the Comprehensive Zoning By-law 94-1.
Ms. S. Frenette advised that she had nothing further to add to the staff report other than request that
Condition (b) also refer to Region of Waterloo standards.
No delegations were registered respecting this matter.
The staff report and revision requested was then considered.
On motion by Councillor M. Wagner,
it was resolved:
"That Demolition Control Application DC 94/02/RM (Russell & Earl Phillips) requesting approval for the
demolition of a single detached dwelling located at 526 Charles St. E. legally described as Lot 12 of
Registered Plan 262, be approved subject to the following:
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a)
That the demolition results in the removal of all combustible products (i.e. wood) and the
property is graded to the satisfaction of the Building Division.
b)
Close any redundant driveways and install Regional curb and gutter and boulevard
landscaping, all to City of Kitchener and Region of Waterloo standards.
c)
Remove any redundant service connections to the satisfaction of the Commissioner of Public
Works.
d)
Before use as a parking lot, By-law 94-1 must by approved and a parking plan showing layout,
buffering and lot grading and draining should be submitted for review and approval by the
Commissioner of Planning and Development.
It is the opinion of this Committee that the approval of this application is proper planning for the City."
7.PD 94/29-
BLOOMINGDALE RD/STANLEY AVE/SCHWEITZER ST/GRAND AVE
- BLOCK PLAN - BRIDGEPORT NORTH WARD
The Committee was in receipt of Planning and Development Staff Report PD 94/29 dated April 15, 1994
pertaining to a Block Plan proposed for the area bounded by Bloomingdale Road, Stanley Avenue,
Schweitzer Street and Grand Avenue. It was noted in the report that the subject lands include
several parcels of undeveloped land totalling 4.79 hectares fronting the west side of Stanley
Avenue. In accordance with the Bridgeport East Community Plan, a Block Plan is to be approved
prior to the creation of any new lots either by severance or by Plan of Subdivision.
7.PD 94/29-
BLOOMINGDALE RD/STANLEY AVE/SCHWEITZER ST/GRAND AVE
- BLOCK PLAN - BRIDGEPORT NORTH WARD (CONT'D)
It was also noted in the report that undeveloped lands in the block which comprise nine separate parcels
and five different land owners, total 4.06 hectares. However, if the rear yards of lots fronting on
Bloomingdale Road are considered, these lots increase the total to 4.79 hectares and 17 land
owners. Preparation of a Block Plan has now been requested in order to allow for development of
the Woschnigg lands. The City of Kitchener is one of the major land owners in the Block as a result
of a conveyance by the former Village of Bridgeport for a right-of-way. However, the City's
participation would be limited to signing as a land owner on the draft plan of subdivision but should
not include any cost of development. Two concepts are discussed within the report along with
issues relating to emergency access and servicing corridor.
Mr. T. McCabe explained that a Block Plan was a planning exercise involving multiple property owners
and consideration necessary to ensure that future development of the parcels is not jeopardized
through a piece meal development approach.
Mr. J. Willmer presented an overview of the plan and pointed out that two neighbourhood meetings were
held in early 1993 and staff met with affected and abutting land owners. He explained the lot yield
that would be achieved through Concept 1 and Concept 2 and noted that each have certain
advantages and disadvantages. He then summarized the positions of the various land owners
involved in the issue and commented on the emergency access and servicing corridor from Grand
River. Mr. Willmer pointed out that there was no opportunity for phasing of the development and it
was absolutely necessary that the Hartman and the Oakley property participate in the plan. He
noted that the two McLean land parcels were not required.
Ms. K. Kelly, 98 Bloomingdale Road,
She questioned if any lands or
Road under Concept 1. Mr. T.
Road residents.
appeared as a delegation and advised that she favored Concept 1.
trees would be required from the rear of lots fronting Bloomingdale
McCabe advised that Concept 1 would not affect the Bloomingdale
No other delegations responded to the Chairman's invitation to address the Committee on this matter.
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On motion by Councillor J. Smola,
it was resolved:
"That the attached Block Plan, Concept Number 1, for lands described as Part Lots 1, 2 and 3,
Registered Plan 675 and Lots 31 and 32, Horning's Tract, be approved, together with the following
policies:
That all lands required for an emergency access/public walkway access and the extension of
services from Grand Avenue to Street One be included in any Subdivision Application, prior to
acceptance for processing.
That lands within the Recommended Block Plan be provided with full municipal services by
extending existing services from Bridge Street and Grand Avenue and by providing storm
water management facilities.
That the City of Kitchener shall participate as an owner of lands to be subdivided within the
Block Plan, but the City shall incur no cost of developing the subdivision. Any City-owned
lands not dedicated as public highway shall be conveyed to the subdivider for nominal
consideration.
It is the opinion of this Committee that the approval of this Block Plan is proper planning for the City."
8.PD 94/38-
MOTION TO THE ONTARIO MUNICIPAL BOARD
- APPROVAL OF UNAPPEALED PORTIONS OF BY-LAW 94-1
The Committee was in receipt of Planning and Development Staff Report PD 94/38 dated April 28, 1994.
It was pointed out in the report that on January 24, 1994, City Council approved By-law 94-1 (Stage
6 of City's Comprehensive Zoning By-law). Three appeals have been received to the By-law and
because of these the By-law typically would not come into final force and effect until such time as
these appeals are dealt with by the Ontario Municipal Board. However, there is now a procedure for
the Province to allow partial approvals of Zoning By-laws and it is the recommendation of the
department for the City to make a motion to encourage the Ontario Municipal Board to consider
bringing into effect the majority of the By-law which is not subject to any appeals.
Ms. C. Ladd explained the appeal process involving the Ontario Municipal Board and the appellants and
advised that staff expect the appeal respecting 530 Mill Street will be withdrawn. She noted that
further negotiations were continuing respecting the other properties and staff wish to initiate the
process with the Ontario Municipal Board in case the appeals are not withdrawn. Ms. Ladd stated
that at this point staff do not know what process the OMB will utilize.
Councillor M. Yantzi disclosed a conflict of interest and abstained with regard to the appeal affecting the
Pawlowski at 152 Homewood Avenue as Councillor Yantzi's personal residence is located in the
vicinity of the Victoria Park Neighbourhood Plan.
On motion by Councillor B. Stortz,
it was resolved:
"That Council advise the Ontario Municipal Board of its support for the following:
'Whereas the Council of the City of Kitchener passed By-law 94-1 on January 24, 1994;
And Whereas it is the position of the City of Kitchener that the three appeals received to By-law 94-1 are
site specific in nature and apply specifically to 530 Mill Street, 152 Homewood Avenue, and the
Central Frederick Neiqhbourhood;
And whereas Council believes it is important to expedite the approval of By-law 94-1 for the benefit of all
the lands which are not subject to appeal;
Now Therefore the Council of the City of Kitchener requests the Ontario Municipal Board to approve the
portions of By-law 94-1 not subject to appeal under their authority granted by Section 34 (31) of The
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
MAY 2, 1994 - 96 -
CITY OF KITCHENER
Planning Act as amended by Bill 40 the "Community Economic Development Act."'
Councillor M. Yantzi previously disclosed a conflict of interest and abstained from all discussion and
voting as his personal residence is in the vicinity of the Pawlowski property 152 Homewood Avenue
within the Victoria Park Neighbourhood Plan.
9.WAGON WHEEL FLEA MARKET - 75 ARDELT AVENUE
Further to the approval given by Committee and Council respecting the Wagon Wheel Flea Market, some
concern has arisen with regard to building issues related to the Building Code within the structure at
75 Ardelt Avenue.
Councillor J. Ziegler stated that according to Mr. Sallans the mezzanine in the structure has to be torn
out.
Mr. J. Witmer advised that the City had no record with regard to the mezzanine as built and that in its
present state it does not meet headroom requirements for the purpose intended. He pointed out
that Mr. Sallans' consultant missed this issue completely when reviewing plans for the use intended.
Mr. Witmer advised that Mr. Sallans does not have to tear out the mezzanine as he could use the
top portion for storage and the underside could be reconfigured in a way that it would work for Mr.
Sallans.
9.WAGON WHEEL FLEA MARKET - 75 ARDELT AVENUE (CONT'D)
Councillor J. Ziegler requested that Mr. Witmer convey these comments both verbally and in writing to Mr.
Sallans.
10.PUBLIC INFORMATION MEETING
APPLICATIONS FOR ZONE CHANGE & SUBDIVISION
FORWELL LIMITED
Mr. T. McCabe advised that as directed at the April 25th Council Meeting, staff were holding a public
information meeting this date at 7:00 p.m. in Grand River Collegiate to review the Subdivision and
Zone Change Application submitted by Forwell Limited. He noted that a letter had been mailed to
residents of Misty Crescent and surrounding area in this regard, following the concern expressed at
the Council meeting relative to the removal of a pine plantation adjacent to Misty Crescent.
11.WALKWAY FENCING - 1123 QUEENS BOULEVARD
Councillor J. Ziegler's memorandum he had written dated April 29, 1994 to Mr. W. Sleeth respecting the
need for a 5 foot fence along the public walkway was considered.
On motion by Councillor J. Ziegler,
it was resolved:
"That a 5 foot chain link fence built to City of Kitchener specifications be erected along the public walkway
adjacent to 1123 Queens Boulevard with the cost being split on a 50/50 basis between the property
owner and the City."
12.ADJOURNMENT
On motion, the meeting adjourned at 4:55 p.m.
L.W. Neil, AMCT
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
MAY 2, 1994
- 97 -
CITY OF KITCHENER
Assistant City Clerk