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HomeMy WebLinkAboutPlng & Econ Dev - 1994-05-16PED\1994-05-16 MAY 16, 1994 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 4:30 p.m. under the Chairmanship of Councillor C. Weylie with the following members present: Mayor D.V. Cardillo and Councillors B. Stortz, M. Wagner, M. Yantzi, J. Smola, G. Leadston, C. Zehr, J. Ziegler, T. Galloway and G. Lorentz. Officials present: Mr. T. McKay, Mr. T. McCabe, Mr. B. Stanley, Mr. J. Willmer, Ms. C. Ladd, Mr. G. Nixon, Mr. R. Wyatt, Mr. Z. Janecki, Mr. V. Labreche and Mr. L.W. Neil. 1.KIWANIS PARK - POTENTIAL FOR GRAVEL EXTRACTION UNDER STAGE 7 OF COMPREHENSIVE ZONING BY-LAW Councillor J. Smola advised that he had suggested that the potential for gravel extraction in the Kiwanis Park property be discussed this date as to the possibility of necessary zoning being dealt with under Stage 7 of the City's Comprehensive By-law. He noted that a committee of the Grand River Conservation Authority has been working on the future of the park and one of the proposals under consideration is to extract gravel. The rezoning could be speeded up if it was considered within Stage 7 rather than going through a separate zone change application. Mr. T. McCabe advised that a memorandum dated May 13, 1994 from Mr. J. Willmer had just been distributed outlining background to the suggestion and pointed out that the position of the department is that without supporting documentation, the proposed rezoning is premature and would not comply with the Municipal Plan. Further, he pointed out that Stage 7 procedures result in notification only to property owners whose lands are being rezoned, but not to neighbouring land owners. Mr. J. Willmer commented on the contents of his memorandum and advised that the type of information required would be the same as that found in studies submitted to the Ministry of Natural Resources. Councillor M. Yantzi questioned the advantages/disadvantages of the proposal and Mr. J. Willmer advised that staff were concerned with the likelihood of an appeal holding up any rezoning as a result of it being tied to Stage 7 of the Comprehensive By-law. Mr. T. McCabe clarified that staff support the proposed use but have a problem with the procedure being suggested. Mr. Paul Emerson appeared as a delegation representing the Planning Department of the Grand River Conservation Authority and advised that he was involved with the Committee that is considering the future of Kiwanis Park. One option under consideration is to remove aggregate and utilize revenues from the sale of aggregate to finance improvements to the park. He acknowledged that at this time, the Authority did not have the necessary studies and advised that he did not think the Authority was in a position to undertake the studies at this time but could do so at a later date. Councillor T. Galloway indicated that he could not support the proposal as it relates to utilization of the Stage 7 zoning process as such procedure would call the Stage 7 process into question. Accordingly, he asked that the normal planning application and notice procedure not be by-passed. Councillor J. Ziegler agreed with this position and commented that the Authority could make arrangements to enter into a deal with an aggregate extractor that had the expertise to proceed and fund necessary studies. Councillor B. Stortz also agreed that the integrity of the Stage 7 process must be maintained. Councillor J. Smola pointed out that the G.R.C.A. will be operating the Kiwanis Park in a deficit position and that his purpose in raising this matter had been to determine if the aggregate development could be speeded up, given that the park might close if the ongoing operating costs could not be addressed. Mr. P. Emerson pointed out that the G.R.C.A.'s committee of various representatives was going through an open consultative process to determine the future of Kiwanis Park and hoped to formulate a recommendation for consideration by the Authority early in the fall. By general consent, the Committee agreed that it would not take any action regarding this matter. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES It/I GV fl K fl GG/I _ CiG _ 2.MR. G. MACDONALD - 113 BREITHAUPT STREET - REQUEST FOR TEMPORARY OCCUPANCY - NULOOK INC. - BRIDGEPORT NORTH WARD The Committee was in receipt of a letter dated May 16, 1994 from Mr. Gerry MacDonald on behalf of Nulook Inc., 125 Weber Street West, requesting approval for the firm to increase its retail space at 113 Breithaupt Street from 25% to 50%. Also, the Committee was in receipt of a memorandum dated May 16, 1994 from Mr. T. McCabe prepared in response to the request. Mr. T. McCabe advised that following receipt of the request from Mr. MacDonald, he toured the properties in question and proceeded to explain the nature and uses of the buildings. Mr. McCabe pointed out that the Breithaupt Study encouraged additional uses within these industrial buildings and on the basis of that report and the percentage being requested, staff would support a variance to extend retail from 25% to 50% of floor area. He then referred to an issue relating to a chip wagon at the premises and indicated that after discussions it has been determined that it would be accessory to the building and has been resolved. Mr. G. MacDonald appeared as a delegation and advised that he was in agreement with the staff comments and recommendations. On motion by Councillor G. Leadston, it was resolved: "That Council authorize temporary occupancy for retailing of sportswear fashions at 113 Breithaupt Street, as an accessory use to a manufacturing/repair service to a maximum of 50% of the associated gross floor area. Such occupancy shall be at the sole risk and liability of the owner/tenant in the event the Committee of Adjustment or Ontario Municipal Board does not give final approval to the variance application." 3.PD 94/33 - 1763 & 1765 OLD MILL ROAD - ZONE CHANGE APPLICATION 94105101JW - GLEN URQUHART - SOUTH WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from Glen Urquhart to change the zoning of lands known municipally as 1763 & 1765 Old Mill Road. The proposed rezoning is from Township Agricultural (Twp. A.) according to by-law 878A to Restricted Residential (R2A) with a special regulation according to By-law 4830. In this regard, the Committee considered staff report PD 94/33 dated April 14, 1994 and the proposed by- law dated April 11, 1994 attached to the report. It was noted in the report that the applicant proposes to rezone the two existing lots to permit the severance of the lot addressed as 1765 Old Mill Road as an addition to the lot addressed as 1763 Old Mill Road. Both lots are to be used as single detached dwellings. It was pointed out that notice the Committee would hold a public meeting to consider this matter had previously been given. Mr. T. McCabe commented that this was the third application in the last five or six years concerning these lands and the proposal was compatible to lots in the area. Mr. Claude Lapointe, Remax Real Estate Centre Inc., appeared as a delegation on behalf of Mr. G. Urquhart to advise Mr. Urquhart was in agreement with the staff report and recommendation. No other delegations responded to the Chairman's invitation to address the committee on this matter. 3.PD 94/33 - 1763 & 1765 OLD MILL ROAD - ZONE CHANGE APPLICATION 94105101JW - GLEN URQUHART - SOUTH WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES R/I AV t R t CICI4 _ t I'~l'~ _ ('~ITV hi= I,(ITt'~HI~klI~Q On motion by Councillor T. Galloway, it was resolved: "That Zone Change Application 94/05/O/JW (Glen Urquhart) requesting a change in zoning from Township Agricultural (Twp. A.) according to By-law 878A to Restricted Residential (R2A) with a special regulation according to By-law 4830, on Lots 128 and 129, Registered Plan 578, be approved in the form shown in the Proposed By-law attached dated April 11, 1994, 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 the City's Approved Official Plan." The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 24, 1994. 4. PD 94/47 - 42 & 50 WILFRED AVENUE - REQUEST FOR EXTENSION OF TIME LIMIT TO FULFILL CONDITIONS - ZONE CHANGE APPLICATION 92/17/W/VL - ANNA & MARLO RADOVIC - CHICOPEE WARD The Committee was in receipt of Planning and Development Staff report PD 94/47 dated May 6, 1994 dealing with a request that has been received from Mario Radovic to extend the time limit for satisfying conditions with respect to Zone Change Application 92/17ANNL pertaining to 42 and 50 Wilfred Avenue, which was approved by Council on September 27, 1993, subject to conditions. Mr. T. McCabe referred to the letter dated April 27, 1994 received from Mr. M. Radovic and clarified that what Mr. Radovic was really saying in his letter was that he did not wish to submit a Letter of Credit. Mr. McCabe pointed out that a Letter of Credit was intended to minimize the applicant's risk, but if Mr. Radovic wishes to proceed he could be accommodated through a revision to the condition in the zone change. Mr. McCabe advised that Mr. Radovic's son was in attendance to speak in support of the request. Mr. Erwin Radovic, 50 Wilfred Avenue, appeared as a delegation and advised that the applicant requests approval of a several month extension and that he would be submitting a proper landscaping plan and would finish everything before September 1, 1994. Councillor C. Zehr questioned Mr. Radovic if he was certain of the September 1st date, and was advised there was no problem meeting that deadline. Councillor Zehr cautioned that the Committee may not be willing to grant another request in future for a further extension of the time limit. Mr. Radovic indicated that he understood and commented that some of the necessary work has already been completed. No other delegations were registered respecting this matter. Mr. T. McCabe indicated that the change the applicant was looking for would relate to condition #2 of the original approval and he suggested the necessary wording in this regard. On motion by Councillor C. Zehr, it was resolved: "That condition #2 of Zone Change Application 92/17ANNL (Mario and Ana Radovic) approved by City Council on September 27, 1993 be revised to provide for an alternative to a Letter of 4. PD 94/47 - 42 & 50 WILFRED AVENUE - REQUEST FOR EXTENSION OF TIME LIMIT TO FULFILL CONDITIONS - ZONE CHANGE APPLICATION 92/17/W/VL - ANNA & MARLO RADOVIC - CHICOPEE WARD (CONT'D) Credit and be reworded as follows: 2. That the Owners receive site plan approval, from the Commissioner of Planning and PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES R/I/tV t R t CICI4 _ lill _ ('~ITV hi= I,(ITt'~HI~klI~Q Development and submit a Letter of Credit for required site works, or alternatively, complete all site works in accordance with the approved site plan. Site Plan Approval shall be conditional upon final approval of the Zoning By-law. And further, that Council support an extension to the deadline for fulfilling conditions of approval of Zone Change Application 92/17ANNL (Mario and Ana Radovic) to September 1, 1994." The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 24, 1994. 5.- 1271 VICTORIA STREET NORTH - THE CORONET - JULI-ANNE ENTERPRISES LTD. - KITCHENER MUNICIPAL CODE CHAPTER 504 - ADULT ENTERTAINMENT PARLOUR LOCATION - LIMITATION - STANLEY PARK WARD Mr. Samuel Koblinsky had indicated that either he or David Koblinsky would appear as a delegation to present a request relative to the above property. Mr. L.W. Neil advised the Committee that Mr. Joseph Ward, acting on behalf of Mr. Koblinsky, had been in attendance prior to commencement of the meeting and advised that the proposal that Mr. Koblinsky had in mind had not materialized. Further, it was indicated that he would reapproach the Committee on this matter at a later date after a more definite proposal was developed. Councillor G. Leadston requested Mr. T. McKay to provide Council with a written report outlining issues relative to this matter. 6.PD 94/45 - MUNICIPAL MEDIATION PILOT PROGRAM - YEAR END REPORT The Committee was in receipt of Planning and Development Staff report PD 94/45 dated May 10, 1994 dealing with a year end report and summary of results of Kitchener's experience as a participant in the municipal mediation pilot program. It was noted in the report that since April 1, 1993 the City has been participating in the pilot project which introduced formalized mediation to the planning process. This program was organized, operated and funded by the Provincial Facilitator's Office and encompassed all types of appeals to planning applications including official plan amendments, zone changes, minor variances and severances. A summary of the results of the City's participation in the program during the last year was provided in the staff report. Ms. C. Ladd briefly reviewed the contents of the report and pointed out that the City has not had word that the Province is not going to proceed with the program and was waiting for official word in this regard. She stated that in her view, the local mediation program has been highly successful and one outcome has been the consideration of many side issues within a stated topic. Ms. Ladd recommended that the mediation program be supported at the local municipal level regardless of what was decided on at the provincial level. The only limitation was the need for trained mediators to further the program locally. On motion by Councillor C. Zehr, it was resolved: 6.PD 94/45 - MUNICIPAL MEDIATION PILOT PROGRAM - YEAR END REPORT (CONT'D) "That Planning and Development Staff Report PD 94/45, Municipal Mediation Pilot Program - Year End Report and Summary of Results, be accepted for information; and further, That Council continue to support the use of mediation to resolve disputes in the planning process and that a mediation program within the Department of Planning and Development be developed for future consideration by City Council prior to implementation." 7.PD 94/26 - WELLINGTON STREET NORTH / VICTORIA STREET NORTH / GRAND RIVER PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES R/I/tV t R t CICI4 r'~l"l-V nl: I,(ITr'~HI=I~II=I~ - ZONE CHANGE APPLICATION 92/36/W/ZJ - PLANNING INITIATIVES INC. (CITY OF KITCHENER) - BRIDGEPORT-NORTH WARD The Committee was in receipt of a report concerning an application from Planning Initiatives on behalf of the City of Kitchener to change the zoning of lands located at the easterly limit of the City of Kitchener along the Grand River immediately north of Victoria Street North and east of Wellington Street North. The proposed rezoning is from Hazard Land Zone (P-3) to Hazard Land Zone (P-3) with a temporary use provision according to By-law 85-1. In this regard, the Committee considered Staff Report PD 94/26 dated April 18, 1994 and a proposed by-law dated April 18, 1994 attached to the report. It was noted in the report that the city proposes to rezone the subject lands to permit a temporary gravel extraction operation. It was pointed out that notice the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. T. McCabe advised that staff had nothing further to add to the report under consideration. However, he advised that given there was an objection that has now been withdrawn, the future plans for the site were worthy of a detailed presentation particularly with regard to their relationship to the Grand River. Mr. Z. Janecki advised that he would be presenting details respecting the zone change application, Mr. R. Wyatt would be commenting on planning for a future park use and Mr. P. Puopulo would be making a presentation to explain the process of gravel extraction and site rehabilitation. Mr. Janecki pointed out that the application was initiated by the City and Planning Initiatives was retained on the City's behalf as that firm has the necessary expertise in such aggregate applications. He illustrated the lands in question and stated that it was anticipated the extraction process and commencement of park development would take less than three years. He asked that the Committee note that the staff recommendation was comprised of two parts with the first part relating to the zone change application and the second part relating to Ministry of Natural Resources licensing. Mr. Janecki referred to the original objection, which has now been withdrawn, from Witzel Kearns and illustrated their property. He pointed out that it was hoped to utilize an existing haulage route that crosses the Witzel Kearns property; however, they are opposed to it and accordingly, it was necessary to look for an alternative route. Victoria Street and Forwell Road were considered, as well as Victoria Street to Centennial Road and across Forwell's private lands at additional expense. Mr. Janecki referred to page 3 of the Staff Report and pointed out that it was intended Forwell Limited would be the operator but it was now necessary to look at other possibilities given that use of City streets was required and other operators may be interested. Also on page 4 of the Staff Report, it was mentioned that the three year period would expire on May 24, 1997 and he indicated that this should read as three years from the date of Council approval of the Zoning By- law. Mr. R. Wyatt appeared before the Committee on behalf of the Parks & Recreation Department to advise of its full support for the proposal. He noted that staff have met on an ongoing basis with officials of the Grand River Conservation Authority and the Ministry of Natural Resources, who are in support. He pointed out that the Grand River has tremendous potential as a natural resource 7.PD 94/26 - WELLINGTON STREET NORTH / VICTORIA STREET NORTH / GRAND RIVER - ZONE CHANGE APPLICATION 92/36/W/ZJ - PLANNING INITIATIVES INC. (CITY OF KITCHENER) - BRIDGEPORT-NORTH WARD (CONT'D) and given its designation as a Heritage River, and that the proposed plan to extract aggregate and rehabilitate the property makes good sense. Finally, he commented on the advantages of the park and the benefit that it would provide aesthetically as an approach to the city. Mr. Paul Puopolo, Planning Initiatives Limited, appeared as a delegation on behalf of the City of Kitchener to review site specific details of the temporary use and final use. He illustrated the location where gravel would be extracted as well as a cross section of the site and operational plan relative to the extraction process. He also illustrated and pointed out how the park and its ponds are connected to the river and a rehabilitation plan that would incorporate pedestrian areas, marshes, ponds, floating PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES R/I/~V tR tCICI4 _ ti'¥'~ _ ('~ITV hi= I,(ITt'~HI~klI~Q docks, canoe launch and fishing areas as well as parking for users. Mr. Puopolo also noted that an entrance feature was to be developed that would function as an entrance to the park as well as to the city itself. Finally, he illustrated other aspects of the Grand River Corridor Plan and where this individual proposal fits into that Plan. Mr. T. McKay advised that Mr. Forwell was going to reapproach Mr. Witzel regarding the crossing of his lands. In response to a question, Mr. Puopolo advised that following completion of aggregate extraction, the lands would be rough graded before they were turned over to the City for commencement of further development. Mr. G. Nixon indicated that final landscaping was expected toward the end of year two and beginning of year three. No delegations responded to the Chairman's invitation to address the Committee on this matter. On motion by Councillor J. Smola, it was resolved: "A. That Zone Change Application 92/36/VV/ZJ (Planning Initiatives for City of Kitchener) requesting a change in zoning from Hazard Land Zone (P-3) to Hazard Land Zone (P-3) with a temporary use provision on Part of Block 42, Registered 1677, be approved in the form shown in the proposed By-law attached, dated April 18, 1994, subject to the following conditions being satisfied prior to any readings of the By-law by Council: 1.To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk, that all Regional requirements have been satisfied with respect to the proposed development. 2.To arrange for notification by letter from the Ministry of Natural Resources to the City's Clerk, agreeing to recommend to the Minister, City Council's endorsed plans and conditions as specified in Part (B)of this resolution. It is the opinion of this committee that the approval of this application is proper planning for the City and is in conformity with the City's Approved Official Plan. B. That the Ministry of Natural Resources have regard to the following matters in considering the application by the City of Kitchener for a Class A license on Part of Block 42, Registered Plan 1677: Approval by the City of Kitchener of a Zoning By-law to permit a pit is based on the existing features plan, general operations plan, detailed operation, progressive rehabilitation and final rehabilitation plans and notes thereto, dated 92 10 26 and revised 94 04 12 and attached to report PD 94/26. The City of Kitchener requests that these plans be the basis of the license application. 7.PD 94/26 - WELLINGTON STREET NORTH / VICTORIA STREET NORTH / GRAND RIVER - ZONE CHANGE APPLICATION 92/36/W/ZJ - PLANNING INITIATIVES INC. (CITY OF KITCHENER) - BRIDGEPORT-NORTH WARD (CONT'D) 2. The City of Kitchener requests that the following notes be included in the Aggregate Resources Act site plans: a) Planting to be completed within one year of commencing berm construction. b)Erosion siltation control measures to be implemented for berm construction and maintained until ground cover is well established on berms." The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 24, 1994. 8.OFFER TO PURCHASE, HURON BUSINESS PARK - BERKSHIRE BUILDING CORPORATION PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES R/IAVtR t~A _ trnA_ ('~ITV hi= I,(ITt'~HI~klI~Q On motion by Councillor B. Stortz, it was resolved: "That clauses #6 and #7 of the Planning and Economic Development Committee report approved by City Council on March 7, 1994, respecting an exchange of lands between Berkshire Building Corporation and the City of Kitchener, be rescinded. And further, that staff be directed to prepare an Offer to Purchase from Berkshire Building Corporation for 2.74 acres being Part 1, 58R-8921 in Phase II of Huron Business Park in exchange for 1.97 acres being Part 4, 58R-5310 in Phase II of Huron Business Park." 9.ADJOURNMENT On motion, the meeting adjourned at 5:58 p.m. L.W. Neil, AMCT Assistant City Clerk