HomeMy WebLinkAboutPlng & Econ Dev - 1994-09-19PED\1994-09-19
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
SEPTEMBER 19, 1994
CITY OF KITCHENER
The Planning and Economic Development Committee met this date commencing at 3:16 p.m. under the
Chairmanship of Councillor C. Weylie, with the following members present: Mayor D.V. Cardillo and
Councillors J. Smola, B. Stortz, M. Wagner, G. Leadston, T. Galloway and J. Ziegler. Councillors C.
Zehr, M. Yantzi and G. Lorentz entered the meeting after its commencement.
Officials present: Mr. T. McKay, Mr. T. McCabe, Mr. D. Mansell, Ms. B. Newell, Mr. D. Corks, Ms. J.
Given, Mr. P. Wetherup, Mr. L. Masseo, Mr. J. Wallace, Mr. J. Witmer and Mr. L.W. Neil.
1.PD 94/81 - STREET NAME TO ACCESS VICTORIA STREET SOUTH
- DRAFT PLAN OF SUBDIVISION 30T-93016
- GRAND RIVER RAILWAY COMPANY (CP RAIL)
- VICTORIA PARK WARD
The Committee was in receipt of Planning and Development Staff Report PD 94/81 dated August 22,
1994 concerning a request for approval of a street name, for a residential complex to be developed
off of Victoria Street South near Henry Street.
The Committee was advised that staff had nothing further to add to the report under consideration.
No delegations were registered respecting this matter.
On motion,
it was resolved:
"That the name "Victoria Park Court" be approved for Draft Plan of Subdivision 30T-93016 (Grand River
Railway Company)."
2.PD 94/82 - REQUEST FOR APPROVAL OF STREET NAMES
- DRAFT PLAN OF SUBDIVISION 30T-89003 - FORWELL LIMITED
- STANLEY PARK WARD
The Committee was in receipt of Planning and Development Staff Report PD 94/82 dated August 30,
1994 concerning a request for approval of street names in a subdivision situate north of Misty
Crescent and Misty Court between Keewatin Avenue and Forwell Road.
The Committee was advised that staff had nothing further to add to the report under consideration.
No delegations were registered respecting this matter.
On motion,
it was resolved:
a)"That the following proposed street names be approved for Draft Plan of Subdivision 30T-89003
(Forwell Ltd.):
Street One - Otterbein Road
Street Two - Stanmore Avenue
Street Three- Deans Gate Court
Street Four - Gloucester Court
Street Five - Forwell Court
b)That the section of existing Forwell Road contained within Street One and between the southerly limit of
this Draft Plan of Subdivision and its terminus south of the future extension of Ottawa
Street South be renamed "Otterbein Road" and staff be directed to prepare the necessary
By-law and legal advertisements required to change the name and undertake any
administrative notices to property owners for the change to existing municipal addresses.
3.PD 94/68 - HURON BUSINESS PARK - REQUEST FOR 1 YEAR EXTENSION
-INTERIM CONTROL BY-LAW 93-192
- SOUTH WARD
c)That the section of existing Forwell Road to remain open within Street Five be renamed "Forwell Court"
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and staff be directed to prepare the necessary By-law and legal advertisements required
to change the name."
The Committee was in receipt of Planning and Development Staff Report PD 94/68 dated August 2, 1994
advising that Council passed its original Interim Control By-law pertaining to Huron Business Park
on September 27, 1993. Under the planning legislation, extension is permissable for a second year
and the committee was asked to approve of a one year extension of the by-law. It was noted in the
report that the proposed extension would allow staff to review the final draft of a study undertaken
by Geomatics International Inc., to evaluate potential impacts of various industrial/business park
uses on the proposed natural area following which staff would prepare a revised zoning by-law
which is expected to come before council early in 1995.
Mr. D. Corks advised that staff had nothing further to add to the report under consideration.
Councillor B. Stortz questioned if there had been contact with the solicitors in this matter and Mr. Corks
advised that firstly by-law 93-192 had been appealed to the Ontario Municipal Board and secondly
that the solicitors were aware of the staff report being considered this date.
No delegations were registered respecting this matter.
On motion,
it was resolved:
"That Kitchener City Council amend Interim Control By-law No.93-192, which limits the use of lands within
all the undeveloped lands zoned B-1 (Business Park) in Huron Business Park, to extend said
By-law for a second year. This By-law covers the undeveloped lands Zoned B-1 (Business
Park) in the Huron Business Park to allow only Parks, Open Space and those uses permitted
in the B-2 (Restricted Business Park) Zone as listed in Section 24.1 and 24.2 of By-Law 85-1 ."
4. PD 94/56 - REQUEST TO RESCIND COUNCIL'S POLICY RE:
- WAIVING LETTERS OF CREDIT FOR SITE DEVELOPMENT
WORKS FOR NON-PROFIT & CO-OPERATIVE HOUSING PROJECTS
The Committee was in receipt of Planning and Development Staff Report PD 94/56 dated September 13,
1994. The staff report discusses the difficulty that the Department of Planning and Development
has been having with the Ministry of Housing to ensure that the Ministry completes site
development works for non-profit and co-operative housing projects. Previously arrangements were
made to allow these housing groups not to post letters of credit on the understanding that the
province would not release final advance on mortgage financing until site plans had been complied
with; however, the province is releasing these funds without such confirmation from the city.
Councillor B. Stortz commented that he was concerned with the status of uncompleted site plan details
which could fall into minor or major categories.
No delegations were registered respecting this matter.
Councillor M. Wagner entered the meeting at this point.
On motion,
it was resolved:
4. PD 94/56 - REQUEST TO RESCIND COUNCIL'S POLICY RE:
- WAIVING LETTERS OF CREDIT FOR SITE DEVELOPMENT
WORKS FOR NON-PROFIT & CO-OPERATIVE HOUSING PROJECTS (Cont'd)
"That Council of the Corporation of the City of Kitchener rescind its March 28, 1989 policy approval,
namely:
"That Council of the Corporation of the City of Kitchener waive the requirement of a Letter of Credit as
security for the satisfactory completion of site development works for non-profit and co-
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
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operative housing projects funded by the Ministry of Housing with the understanding that the
Ministry will require non-profit and co-operative corporations to obtain written verification from
the City that the requirements of the site plan agreement have been satisfied prior to
authorizing release of the final mortgage advance related to the construction loan of such
projects."
5.PD 94/86 - REGIONAL OFFICIAL POLICIES PLAN
- PLANNING FOR SUSTAINABLE COMMUNITY, AUGUST 1994
(DRAFT ROPP)
The Committee was in receipt of Planning and Development Staff Report PD 94/86 dated September 9,
1994. The report was prepared as Kitchener's response to the Regional Municipality of Waterloo
document entitled "Regional Official Policies Plan - Planning For A Sustainable Community", August
1994 (revised draft ROPP).
It was noted in the report that a response to a previous version of this draft was prepared by staff and
approved by Council on June 27, 1994 as part of the 60 day circulation for the ROPP. Most of the
City's concerns initially raised are addressed in the revised draft ROPP; however, there are some
additional concerns associated with the revised draft ROPP and these are itemized in staff report
PD 94/86.
Ms. Newell advised that she is in receipt of a letter from the Region of Waterloo which provided a
clarification of the issue raised on page 134 regarding the Planning and Development approval
process. She noted that the Region has advised that the issue of delegating planning
responsibilities to municipalities is addressed in section 12.4.2 based on their interpretation. Mr. T.
McCabe added that the issue of the delegation of planning responsibility can be referred to the
John Sweeney review of Regional Government.
Comments were then expressed on the overall quality of the regional document and following additional
discussion the committee endorsed city planning staff appearing before the Region of Waterloo on
October 4 in respect to the ROPP.
Councillor M. Wagner referred to policy 6.2.8 on page 57 and was advised that the intent was that the
statement of impact required in the ROPP be equivalent to the heritage impact assessment required
in Kitchener.
On motion,
it was resolved:
"That Planning and Development Staff Report PD 86/94 with the removal of the reference to page
134 be forwarded to the Regional Municipality of Waterloo as Kitchener's response to
the document "Planning for a Sustainable Community, Regional Official Policies Plan",
August, 1994 (Revised Draft ROPP)."
6.PD 45~93 - TREE MANAGEMENT POLICY
The Committee was in receipt of Planning and Development Staff Report PD 45/93 dated August 1994
prepared jointly by the Department of Planning and Development and the Department of
6.PD 45~93 - TREE MANAGEMENT POLICY (Cont'd)
Parks and Recreation. The report sets out Tree Management Policy for new plans of subdivision and site
development.
Mr. T. Boutilier advised the Committee that the proposed policy came about as an initiative from the
Strategic Plan for the Environment developed by the Environmental Committee. Mr. Boutilier
acknowledged the joint effort by two departments to produce the proposed policy and pointed out
that it was the product of various meetings. He noted that there were two matters contained in
recommendation 2.8 that were being recommended be referred to the C.I.P. Committee for
additional consideration.
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Mr. Brian Page appeared before the Committee to provide an overview of the report and noted that its
focus was tree management and not tree savings. He commented on the fact that there were many
ways to enhance tree inventory and noted that the intent was to develop a consistent Tree
Management Policy. Also he commented on the various problems that have arisen as a result of
how tree management is currently addressed.
Councillors C. Zehr and G. Lorentz entered the meeting at this point.
Current problems include consultants being hired too late, air photo interpretation, builders being irritated
by having to prepare a tree saving plan, no method existing to calculate the value of destroyed
trees, no maintenance requirement being in place and protection methods being inadequate.
Mr. Page advised that under the proposed policy environmental consultants would be hired up front, the
location and elevation of trees would be verified, housing types would be determined for treed lots,
new protective measures would be put in place and signage to identify fencing location as well as its
purpose and a contact telephone number would be required. Finally he noted that the majority of
building permits would likely be released much more easily with advance information. He then
reviewed the recommendations in the staff report and commented on the General Vegetation
Overview, the Detailed Vegetation Plan, the Tree Preservation and Enhancement Plan, and noted
that revisions were proposed to recommendation #5, the City's standard form residential subdivision
agreement such that the clauses contained in appendix H will only being included for subdivisions
where the General Vegetation Overview has identified areas within the subdivision containing trees
worth preserving and to clause #8 so as to add the issue of Iotless blocks within a plan of
subdivision being referred to the C.I.P. Committee.
Councillor G. Leadston entered the meeting at this point.
Councillor T. Galloway expressed concern that for lots of less than 13.7 m the proposed policy seemed to
be giving the developers/builder a blank cheque that would negatively impact existing trees. Mr. D.
Mansell commented on the engineering difficulties that arise in respect to narrower lots and pointed
out that the Ministry of the Environment and Energy has certain requirements for separation of
services that come into play. Further, he pointed out that with many homes having driveways that
would be considered to accommodate 1 1/2 car widths this along the engineering criteria impacts on
the potential for tree saving. Mr. B. Page stated that it was noted in the policy that any tree of
significance be identified and the situation be individually considered. Councillor Galloway referred
to his residence which he stated has a 43 ft. frontage and pointed out that four trees in the front yard
were preserved during construction of the house and that it was his fear that with the new policy
builders would be tempted to practice clear cutting to prepare the site for construction. Mr. D.
Mansell stated that with the General Vegetation Overview everyone would have a very clear picture
of the situation before anything happens within the proposed subdivision.
Councillor T. Galloway questioned if the policy would apply to an in fill situation and Mr. T. McCabe
advised that it would apply only to subdivisions and not single lots. Councillor Galloway commented
on the approach that will see numerous Iotless blocks created in plans of subdivision and pointed
out that much of the policy would not apply because lots have not been established.
6.PD 45/93 - TREE MANAGEMENT POLICY (Cont'd)
In response to Mayor D.V. Cardillo, Mr. B. Page advised that the City does have jurisdiction over the type
of tree planted in subdivisions. Councillor C. Zehr questioned if the policy was exclusively
residential and Mr. Page advised that it was but that the policy principles would be applied for
commercial and industrial subdivisions. Councillor C. Zehr questioned if staff had definite plans to
take these principles and apply them in commercial and industrial subdivisions. Mr. Boutilier
advised that the policy was geared to residential but would also apply to section 41 developments
and that was how this issue would be addressed respecting industrial lots.
The
referral to the C.I.P. Committee was raised and Councillor M. Wagner questioned what type of
financial security was in place to make sure things get done. Mr. T. McCabe advised that there was
no letter of credit in place at this time given that the matter was referred to the C.I.P. team.
Councillor M. Wagner questioned how the City could be assured that work would be done and Mr.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
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B. Page advised that staff have an evaluation policy in place. Mr. T. McCabe advised that no
grading in subdivisions would take place until protective measures were in place. Further he noted
that the policy requires that any trees destroyed be replaced and that there was a policy to halt
issuance of building permits for non-compliance with the policy. Councillor T. Galloway questioned
who the City would look to if something went wrong in respect to compliance with the tree
management policy. Mr. J. Witmer advised that the developer would be responsible and pointed
out that in the past the City has received good co-operation from developers.
Mr. P. Britton, President of the Kitchener-Waterloo Home Builders Association appeared as a delegation
to support the environmental initiative that the proposed Tree Management Policy reflects. He
stated that with the new policy there would be better information available to all parties earlier in the
process so as to allow for incorporation of environmental issues as part of the early planning of
subdivisions. He indicated that lot width issues affecting tree management would be dealt with as a
result of requiring information up front in the process.
The Committee then considered the staff report and revisions requested by Mr. Page.
On motion by Mayor D.V. Cardillo,
it was resolved:
"That the Tree Management Policy contained in Section 4.0 of Department of Planning and
Development/Department of Parks and Recreation Staff Report PD 45/93, be approved,
with this policy generally consisting of the following:
1That in cases where tree cover exists on lands being subdivided, applicants shall submit a General
Vegetation Overview to the Department of Planning and Development at the time
application is made to the Regional Municipality of Waterloo for draft subdivision
approval. The City of Kitchener shall not commence its local review process until such
submission is made.
2A General Vegetation Overview shall provide an environmental evaluation of the site, providing early
identification of those areas with trees worth or not worth retaining. That in cases where
isolated trees, single-species clusters or woodlands are indicated within the approved
General Vegetation Overview as vegetation communities with no trees worth retaining, no
further data analysis will be required to be undertaken for these vegetation communities.
3A Detailed Vegetation Plan is required when the General Vegetation Overview indicates that there are
vegetation communities with trees worth retaining. The Detailed Vegetation Plan shall be
submitted for approval by the Department of Planning and Development, prior to any area
grading. Said Detailed Vegetation Plan shall provide information on those isolated trees,
clusters or woodlands identified as vegetation communities with trees to be retained, in
the approved General Vegetation Overview. This information shall include an analysis of
impacts and overall tree management/grading plan, an outline of protection measures to
be implemented, site
6.PD 45~93 - TREE MANAGEMENT POLICY (Cont'd)
preparation recommendations and planting/thinning/transplanting recommendations if any.
4That the Detailed Vegetation Plan readily identify those lots and blocks containing trees intended to be
retained. Some of these lots and blocks will require a Tree Preservation/Enhancement
Plan prior to the issuance of a building permit. A Tree Preservation/Enhancement Plan
will only be required for:
· site development under Section 41 of the Planning Act
· corner lots (where site service locations and building type has not been pre-determined)
· interior lots greater than 13.7m (45 feet) of street frontage
lots on which the Developer/Builder requests to build a structure that is deeper on the lot
than that approved on the Detailed Vegetation Plan and/or the revised grading and
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
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('~ATV nl~ I,(ITt'~HI~klI~Q
drainage will have an adverse effect on the Detailed Vegetation Plan.
The Tree Preservation/Enhancement Plan shall show all ecological data and tree protection measures as
specifically transferred from the approved Detailed Vegetation Plan, together with the
location and dimensions of all site development features including grading, cut and fill
areas, drainage and proposed stock pile locations.
5That the City Standard Form Residential Subdivision Agreement as approved by City Council be
amended by including the clauses contained in Appendix 'H' of this report dated August
1994. The clauses contained in Appendix 'H' will only be included for subdivisions where
the General Vegetation Overview has identified areas within the subdivision containing
trees worth retaining.
6That the maximization of tree preservation is a valuable and reasonable goal in itself, however, this goal
cannot be looked at in isolation and it must be recognized, that in many instances, other
planning and engineering concerns may take precedence over the tree preservation goal
where relevant constraints exist.
7That the policy represents the intended achievement of the City of Kitchener, however, there may be
unusual, impractical and special circumstances where the policy can only represent
guidelines for both staff and developers to use, and discretionary exceptions may have to
be made.
8That the amount of securities for lot grading and tree management, and the issue of Iotless blocks within
a plan of subdivision be referred to the C.I.P. Committee dealing with Subdivision
Approvals, and subsequently submit a report to Council for their consideration and
approval.
7.PD 94/79 - 103 MARLBOROUGH AVENUE
- ZONE CHANGE APPLICATION 94/10/M/VL
- KEN HALWACHS
- ROCKWAY-ST. MARY'S WARD
The Committee was advised that the Department was in receipt of a Zone Change Application from Ken
Halwachs respecting the property known municipally as 103 Marlborough Avenue. The proposed
zoning change is from Residential 4 Zone (R-4) to Residential 5 Zone (R-5), in accordance with By-
law 85-1, as amended by by-law 94-1. In this regard the Committee considered Staff Report PD
94/79 dated August 16, 1994 and the proposed by-law dated August
7.PD 94/79 - 103 MARLBOROUGH AVENUE
- ZONE CHANGE APPLICATION 94/10/M/VL
- KEN HALWACHS
- ROCKWAY-ST. MARY'S WARD (Cont'd)
12, 1994 attached to the report. It was noted in the report that the applicant wishes to re-zone the lands
in order to permit the existing building to be used as a triplex dwelling.
It was pointed out that notice that the Committee would hold a public meeting this date to consider this
matter had previously been given.
Mr. T. McCabe advised that staff had nothing further to add to the report under consideration other than
to request that the proposed by-law be revised to delete clause #3 as it is redundant since By-law
94-1 is in effect.
Mr. Larry Culling appeared as a delegation on behalf of the applicant and indicated concurrence with the
recommendation in the staff report.
No other delegations responded to the Chairman's invitation to address the Committee on this matter.
The staff recommendation and requests to revise the by-law were then considered.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
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On motion,
it was resolved:
"That Zone Change Application 941101MNL (Ken Halwachs) requesting a change in zoning from
Residential Four Zone (R-4) to Residential Five Zone (R-5) in accordance with By-Law 85-1,
as amended by By-Law 94-1, on lots 23 and 24, Registered Plan 826, be approved in the form
shown in the "Proposed By-law" attached dated August 12, 1994, as revised September 19,
1994 to delete clause #3, without conditions."
8.PD 94/60 - 1701 GLASGOW STREET
- ZONE CHANGE APPLICATION 931221GILM
-AUTOCRAFT FOREIGN CARS INC.
- WEST WARD
The
Committee was advised that the Department of Planning and Development was in receipt of an
application from Autocraft Foreign Cars Inc., to change the zoning of the property known municipally
as 1701 Glasgow Street. The proposed zoning change is from General Industrial Zone (M-2) to
Heavy Industrial Zone (M-4) according to Zoning By-law 85-1. In this regard the Committee
considered Staff Report PD 94/60 dated August 22, 1994 and the proposed by-law dated August
12, 1994 attached to the report. It was noted in the report that the purpose of the zone change is to
legalize the existing automobile salvage operation of Autocraft Foreign Cars Inc., at 1701 Glasgow
Street.
In concert with the Zone Change Application there was a proposed modification to the City of Kitchener
Municipal Plan to designate the subject lands as Heavy Industrial District instead of General
Industrial District.
It was pointed out that notice that the Committee would hold a public meeting this date to consider this
matter had previously been given.
Mr. T. McCabe reviewed the history of this application as outlined on page 3 of the staff report. He
advised that staff suggest the recommendation in the report be changed to provide only for
approval in principle pending the owner completing the site improvement works outlined in
items 1 - 5 of recommendation 2.2. Further, the use requires a modification to the Municipal
Plan which 8.PD 94~60 - 1701 GLASGOW STREET
- ZONE CHANGE APPLICATION 931221GILM
-AUTOCRAFT FOREIGN CARS INC.
- WEST WARD (Cont'd)
the Region has indicated would take place in January 1995. However, staff oppose the Municipal Plan
change being approved before the zoning and therefore suggest the conditions be satisfied by
January 1, 1995.
Councillor C.Weylie questioned when improvements were to be completed and in reply Mr. McCabe
stated that Mr. Magid has not done anything. Councillor J. Ziegler suggested Mr. Magid be required
to clean the site up and that he then be given an extension of use with M-2 zoning.
Mr. Terry Sosnoski, 1767 Glasgow Street, appeared as a delegation representing the submission from
Elizabeth Sosnoski distributed with the agenda and totally opposing the zone change application
and the existing operation which has been carried on illegally for 8 years. He distributed pictures of
the subject property taken in March and in September to provide a "before" and "after" view to
consider in relation to the Committee's March 21 st resolution requesting clean-up of the site. Mr.
Sosnoski pointed out that it was evident no attempt has been made to clean up the site. He asked
the Committee to not consider the application so as to allow the residents additional time to respond
on this matter. As well, he advised that some landowners were not notified of the zone change.
Finally, he commented that there was concern over water quality from area wells and that if any
approval was considered, the neighbouring property owners must have guarantees.
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In response to Councillor B. Stortz, Mr. L. Masseo advised that the Ministry of Environment and Energy
inspected the property and did not have any concerns.
Mr. Bruce Reinhart appeared as a delegation and was advised that he was a real estate agent acting for
a property owner across the street from the subject property. He stated that in his professional
opinion, a scrap yard devalues the worth of any property located near such operation.
Mr. Howard Magid appeared as a delegation in support of his application and advised that he would
complete the 4 conditions by January 1, 1995. Further, he maintained he has tried to clean up his
property and in this regard has removed tires discarded around his property as a result of illegal
roadside dumping. Mr. Magid stated that a barrier to be erected would address concerns about the
operation that are generated because of the visibility of the operation. In respect to condition #5 in
the staff report concerning Orders against the property, he advised that a building engineer has
been retained and has been in contact with Mr. J. Witmer. Mr. Magid requested that he be allowed
to substitute a steel clad fence in place of a solid wood fence.
A general discussion involving members of the committee, staff and Mr. Magid followed.
Councillor T. Galloway requested clarification of the current zoning and Mr. T. McCabe advised it was
zoned M-2 General Industrial and that the salvage operation is not permitted in the existing zoning
but only in a Heavy Industrial Zone.
Councillor G. Lorentz questioned what property standards apply and Mr. J. Witmer advised the situation
was more of a lot maintenance issue. Mr. K. Tribby commented on the matter of derelict vehicles
and noted that there was an exception in the Lot Maintenance By-law relating to lot storage of
vehicles outside. He pointed out that there was a previous prosecution by the Region of Waterloo
for a violation of salvage requirements. Councillor J. Ziegler maintained that Mr. Magid just be
given an extension of use to the M-2 zone given that the surrounding lands are also zoned M-2.
Councillor B. Stortz questioned if a temporary use by-law could be considered and Mr. M. McCabe
replied that it was an option requiring a Municipal Plan modification. He noted that the area was
industrial and that the residents were legally non-conforming as their properties will redevelop in
future with industrial uses.
8.PD 94/60 - 1701 GLASGOW STREET
- ZONE CHANGE APPLICATION 931221GILM
-AUTOCRAFT FOREIGN CARS INC.
- WEST WARD (Cont'd)
At this point, Mr. J. Wallace, City Solicitor, stated that it was his legal opinion the City could not impose
conditions in the zoning by-law after the fact of having a Municipal Plan that designates the subject
land. He advised that conditions should have been imposed at the Municipal Plan Stage last
spring.
A motion by Councillor J. Ziegler to allow M-2 zoning with an extension of use subject to conditions 1, 2, 3
& 4 being satisfied by January 1, 1995 was not considered as a motion by Councillor B. Stortz to
defer and refer the Staff Report PD 94/60 took precedence.
On motion by Councillor B. Stortz,
it was resolved:
"That
Planning and Development Staff Report PD 94/60 dealing with Zone Change Application
931221GILM submitted by Autocraft Foreign Cars Inc., 1701 Glasgow Street be referred to the
October 17, 1994 meeting of the Planning and Economic Development Committee so to allow
the applicant to substantially complete the site improvements itemized under section 2.2 of the
staff report to the satisfaction of the Planning and Economic Development Committee."
Councillor G. Lorentz stated that he was opposed to both the motion of Councillor J. Ziegler and referral
of this matter on the basis that there should be no salvage operation.
On motion by Councillor J. Ziegler,
it was resolved:
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"That we authorize Autocraft Foreign Cars Inc. (Howard Magid) to construct a solid wood fence 2.44
metres in height along the Glasgow Street property line and both flankages of 1701 Glasgow
Street, and further,
That the fence be constructed to standards acceptable to the City of Kitchener."
Councillor G. Lorentz strongly recommended that city staff take pictures of the property on September
20th.
Mr. J. Witmer suggested proof of approval be provided in respect to condition #4 involving the Medical
Officer of Health. Councillor B. Stortz suggested Mr. J. Witmer convene an appropriate meeting in
this regard.
9.PD 94/84 - GATEWAY PARK DRIVE
- ZONE CHANGE APPLICATION 941091GIJG
- 8-401 DEVELOPMENTS, MACAPEE HOLDINGS AND 783115
ONTARIO LTD.
- SOUTH WARD
The Committee was in receipt of an application to change the zoning of a large part of Gateway Park
Subdivision in Pioneer Tower East to implement the Highway Commercial designation in the City's
new Municipal Plan. The re-zoning would create a new zone, Highway Commercial Zone (C-8). In
this regard the Committee considered Staff Report PD 94~84 dated September 14, 1994 and the
proposed by-law dated September 14, 1994 attached to the report.
It was pointed out that notice that the Committee would hold a public meeting this date to consider this
matter had previously been given.
9.PD 94/84 - GATEWAY PARK DRIVE
- ZONE CHANGE APPLICATION 941091GIJG
- 8-401 DEVELOPMENTS, MACAPEE HOLDINGS AND 783115
ONTARIO LTD.
- SOUTH WARD (Cont'd)
Mr. T. McCabe advised that the new zone accommodates large free standing retail establishments similar
to those already located in the Gateway Park area such as the Price Club and Aitkenheads.
Ms. J. Given referred the Committee to page 3 of the staff report which discusses the situation of an
owner of 4406 King Street East whose property has less than the lot width requirement of 25 m and
requests exemption from the requirement. Ms. Given advised that the minimum lot size requirement
was developed with the main intent to accommodate big box retail type establishment and staff do
not support the exemption request. She also advised that Mr. B. Clarkson was representing other
property owners who are affected by the revised recommendation which staff propose to increase
the minimum lot area under 13 A2 regulations of the proposed by-law from 4,000 to 6,000 m2.
The second issue which Ms. Given addressed was the matter of parking requirements and she noted that
other municipalities had been contacted in respect to the matter. She indicated that a ratio of 1
parking space to 20 m2 was being requested. Mr. T. McCabe advised that Aitkenheads developed
its site to an approximate ratio of 1 parking space to 22 m2 and the Price Club development had
2
approximately 1 parking space to 20 m. He noted that originally a standard parking requirement
had been chosen that applied to larger retail uses.
Mr. Brent Clarkson, MacNaughton Hermsen Britton Clarkson, appeared as a delegation on behalf of 8-
401 Developments, Macapee Holdings and 783115 Ontario Ltd. He confirmed that the zoning
application was consistent with and implements the Municipal Plan and pointed out that of a total of
23 acres that are still vacant, 19 acres are subject to agreements of purchase and sale. Mr.
Clarkson advised that he had reviewed the staff report and pointed out that the by-law as drafted
would2 require a minimum lot area of 4,000 m2 whereas staff are askin2g that this be revised to 6,000
m. He advised that the preference of his clients was for 4,000 m on the basis that this would
provide them with flexibility to develop their lands. He also asked that the implementing by-law
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C~I::IDTI::RJIRI::I~ tG tGG4 _ 1TG _
receive three readings at the September 26th Council meeting in order that it be determined as
soon as possible if there would be any appeals to the by-law and thereby facilitate completion of
purchase and sale agreements.
Councillor C. Zehr questioned if the additional change in the minimum lot area affects 19 of the 23 acres.
He was advised it affects a 3 acre parcel comprised of 3 lots. Mr. T. McCabe stated that all of the
uses existing will still be allowed on smaller lots and that the Official Plan allows retail on a Power
2
Centre basis. He noted that Neighbourhood Commercial requires a minimum lot area of 4,000 m
and it was appropriate that the Power Centre require a higher minimum which staff recommend as
6,000 m2.
In response to a question, Mr. B. Clarkson advised that he did not know details of the purchases taking
place and whether they were affected by the minimum lot area. Councillor B. Stortz requested that
Mr. Clarkson obtain clarification on this matter for the next Council meeting and Mr. Clarkson
agreed.
No other delegations responded to the Chairman's invitation to address the Committee on this matter.
The recommendation in the staff report was then considered and it was agreed to revise the by-law
minimum lot area from 4,000 to 6,000 m2 for all permitted uses except automobile service station
and carwash.
On motion by Councillor B. Stortz,
it was resolved:
9.PD 94/84 - GATEWAY PARK DRIVE
- ZONE CHANGE APPLICATION 941091GIJG
- 8-401 DEVELOPMENTS, MACAPEE HOLDINGS AND 783115
ONTARIO LTD.
- SOUTH WARD (Cont'd)
"That Zone Change application 94/09/G/JG adding a new zone to By-law 85-1 and changing the zoning
from Service Commercial Zone (C-6); Service Commercial Zone (C-6) with special regulation
provision 18R; Restricted Business Park (B-2) with special use provision 39U; Restricted
Business Park (B-2) with special use provisions 39U and 77U and special regulation provision
74R; Business Park Service Centre Zone (B-3); Business Park Service Centre Zone (B-3) with
special use provision 77U and special regulation provision 74R to Highway Commercial (C-8)
on lands described as Part of Lots 8,22,23 and 24, Beasley's Broken Front Concession; Lots 1
to 8 inclusive and Blocks 9-13 inclusive, Registered Plan 1725; Lots 1-3 inclusive and Blocks
4-8 inclusive Registered Plan 1744; and Lots 1-10 inclusive and Blocks 11-15 inclusive,
Registered Plan 1725, and from Service Commercial (C-6) to Highway Commercial (C-8) with
special regulation provision 104R on lands described as Part Lot 8, Beasleys Broken Front
Concession, be approved in the form shown on the attached "Proposed By-law", dated
September 14, 1994, as revised September 19, 1994 to change clause #3 - (13 A.2
Regulations) from 4,000 to 6,000 square metres without conditions."
10.PD 94/64- 6 SHIRLEY AVENUE
- ZONE CHANGE APPLICATION 94/11/S/LM
-WILLIAM H. KAUFMAN INC.
- BRIDGEPORT-NORTH WARD
The
Committee was advised that an application has been received from William H. Kaufman Inc., to
change the zoning of lands known municipally as 6 Shirley Avenue. The proposed zoning change
is from Heavy Industrial Zone (M-4) to Heavy Industrial Zone (M-4) with special use provision 196U
according to Zoning By-law 85-1. In this regard the Committee considered Staff Report PD 94/64
dated August 30, 1994. It was noted in the report that the purpose of the Zone Change Application
is to add free standing office, a small amount of convenience commercial and personal services,
and several other business park type uses as additional permitted uses on the subject lands.
It was pointed out that notice that the Committee would hold a public meeting this date to consider this
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
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matter had previously been given.
Mr. T. McCabe advised that staff had nothing to add to the report other than to request that the proposed
by-law be revised by deleting the wording in clause #5b and replacing it with new wording that has
been developed which reads:
"Notwithstanding subsection (a) above, in the event that part of the Municipal Plan is referred to the
Ontario Municipal Board and does not affect lands within this By-law, and the remainder of the
Municipal Plan is approved, this By-law shall come into effect."
Mr.
P. Britton, MacNaughton Hermsen Britton Clarkson, 171 Victoria Street North, appeared as a
delegation on behalf of William H. Kaufman Inc., to advise that his client was in support of the staff
recommendation and had no objection to the revision requested this date to the proposed by-law.
Also, Mr. Britton requested that the proposed by-law receive three readings at the September 26th
Council meeting.
No other delegations responded to the Chairman's invitation to address the Committee on this matter.
The recommendation in the staff report was then considered and it was agreed to revise the proposed by-
law as requested by Mr. T. McCabe.
10.PD 94/64- 6 SHIRLEY AVENUE
- ZONE CHANGE APPLICATION 94/11/S/LM
-WILLIAM H. KAUFMAN INC.
- BRIDGEPORT-NORTH WARD (Cont'd)
On motion by Councillor J. Smola,
it was resolved:
"That, Zone Change Application 94/11/S/LM (William H. Kaufman Inc.) requesting a change in zoning
from Heavy Industrial Zone (M-4) to Heavy Industrial Zone (M-4) with Special Use Provision
196U on the lands described as Part of Lots 34-36 inclusive, Registered Plan 763, and
municipally addressed 6 Shirley Avenue, be approved without conditions in the form shown in
the attached Proposed Zoning By-law dated July 29, 1994, as revised September 19, 1994 to
replace clause 5(b) with the following:
5(b)
Notwithstanding subsection (a) above, in the event that part of the Municipal Plan is referred to the
Ontario Municipal Board and does not affect lands within this By-law, and the
remainder of the Municipal Plan is approved, this By-law shall come into effect."
11.PD 94/65- ST. LEGER STREET COMPREHENSIVE DEVELOPMENT AREA
- ZONE CHANGE APPLICATION 93/10/W/LM
- (ADAM, LOUISA AND ST. LEGER STREETS)
- BRIDGEPORT-NORTH WARD
The
Committee was in receipt of an application to change the zoning of the St. Leger Street
Comprehensive Development Area. The properties affected are 1 Adam Street; 304, 306, 310, 316,
320 and 340 Louisa Street; and 175, 217 and 225 St. Leger Street. The zoning change proposed is
from Light Industrial (LI) and General Residential (R3) under Zoning By-law 4830 to General
Industrial Zone (M-2); Residential Six Zone (R-6); Residential Six Zone (R-6) with special use
provision 198U and holding provision 21H; and Residential Eight Zone (R-8) with special use
provision 177U, special regulation provision 166R and holding provision 21H; all according to
Zoning By-law 85-1.
In this regard the Committee considered Staff Report PD 94/65 dated August 22, 1994 and the proposed
by-law dated August 4, 1994 attached to the report. It was noted in the report that the purpose of
the Zone Change Application is to bring the subject lands under Zoning By-law 85-1, establish the
long term objective of development consistent with a Medium Rise Residential designation, allow
existing compatible industrial operations to continue and to prevent new residential development
until such time as the lands have been fully de-commissioned and any environmental impacts from
adjacent industrial land uses are successfully mitigated.
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~I:DTI:IUII~I:I~ 1CI 1CICI4 _ 1~1 _
It was pointed out that notice that the Committee would hold a public meeting this date to consider this
matter had previously been given.
Mr. T. McCabe commented on the purpose of the application and then Mr. L. Masseo distributed a new
copy of Map #1 dated revised 94-09-19 which contained a minor change in zoning to a small parcel
of lands owned by 1 Adam Street that front on St. Leger Street. Mr. Masseo requested that clause 9
of the proposed by-law be revised by replacing clause 9(b) with new wording as contained in the by-
law of the preceding zone change in these minutes and deleting clause 9(c).
Mr. Mark Dorfman appeared as a delegation on behalf of the owners of 1 Adam Street and commented
that the principles of development were resolved in the Municipal Plan and that the zoning by-law
reflects the principles. Mr. Dorfman indicated that he was in support of the staff recommendation
and the proposed by-law revision requested this date.
11.PD 94/65- ST. LEGER STREET COMPREHENSIVE DEVELOPMENT AREA
- ZONE CHANGE APPLICATION 93/10/W/LM
- (ADAM, LOUISA AND ST. LEGER STREETS)
- BRIDGEPORT-NORTH WARD (Cont'd)
No other delegations responded to the Chairman's invitation to address the Committee on this matter.
The recommendation in the staff report and the proposed by-law and requested revisions were then
considered.
On motion by Councillor J. Smola,
it was resolved:
"That,
Zone Change Application 93/10/VV/LM (St. Leger Street Comprehensive Development Area)
requesting a change in zoning from Light Industrial (LI) and General Residential (R3)
according to Zoning By-law 85-1 to General Industrial Zone (M-2), Residential Six Zone (R-6),
Residential Six Zone (R-6) with special use provisions and holding provisions, Residential
Eight Zone (R-8) with special use provisions, special regulation provisions and holding
provision, all according to Zoning By-law 85-1, on lands legally described as Part of Lot 4,
Registered Plan 373, Part of Lots 456, 522 to 526 inclusive, Lots 527 to 533 inclusive and
Park Lot 'N', Part of Park Lot 'M', Part of Lot 38, Streets and Lanes, Registered Plan 376,
Grange's Survey, be approved without conditions in the form shown in the attached Proposed
Zoning By-law dated August 4, 1994, as revised September 19, 1994 to delete Clause 9 (c)
and to replace Clause 9 (b) with the following:
9(b)
Notwithstanding subsection (a) above, in the event that part of the Municipal Plan is referred to the
Ontario Municipal Board and does not affect lands within this By-law, and the
remainder of the Municipal Plan is approved, this By-law shall come into effect."
At this point the meeting proceeded and the Committee considered the next matter on the agenda and
following consideration of that item, Mr. Rick Stanfel, 148 Margaret Avenue, indicated that he had
wished to address the Committee on PD 94/65. For the record, Mr. Dorfman had already left the
meeting after the Zone Change Application for the St. Leger Street Comprehensive Development
Area was dealt with.
The Committee agreed to allow Mr. Stanfel to speak. He indicated that he had an interest in 304 Louisa
Street and the R-6 zoning which he understands maintains an apartment complex. However he did
state that he had a concern with height and density and a concern with the Pannill Veneer operation
and the possibility of such business continuing indefinitely.
Mr. L. Masseo advised that Pannill Veneer is zoned Light Industrial and was a legal use and could
continue to operate and nothing could be done to close the operation. Mr. Masseo commented that
if noise issues are resolved there is a potential for some residential development to be permitted on
portions of the Adam Street site but it was difficult to predict the outcome of this.
Mr. T. McCabe commented that previously General Industrial was developed side by side with residential
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and the problem to which the delegation referred was related to Pannill Veneer's operation and not
the zoning issue.
Councillor C. Weylie advised Mr. Stanfel to meet with staff to further discuss his concerns.
12.PD 94/66- WELLINGTON STREET RESIDENTIAL AREA
- ZONE CHANGE APPLICATION 93/18/W/LM
- (MOORE AVENUE, WELLINGTON STREET NORTH, DUKE
STREET WEST, WATERLOO STREET, WEBER STREET WEST,
AHRENS STREET WEST, MARGARET AVENUE, LOUISA
STREET, ST. LEGER STREET, EDWIN STREET, MAJOR
STREET, BREITHAUPT STREET AND LANCASTER STREET)
- BRIDGEPORT-NORTH WARD
The Committee was in receipt of an application to re-zone lands known as the Wellington Street
Residential Area comprised of the properties known municipally addressed as shown page 1 of the
staff report. The proposed zoning change is from Semi-Restricted Residential (R2), Semi-
Restricted Residential (R2) with special provisions, Restricted Residential (R2A), Semi-restricted
Residential (R2B), General Residential (R3), Special Restricted Commercial (SC) and Light
Industrial (LI) according to Zoning By-law 4830 and General Industrial Zone (M-2) with special use
provision 66U to Residential Five Zone (R-5), Residential Six Zone (R-6) and General Industrial
Zone (M-2), all according to Zoning By-law 85-1.
In this regard the Committee considered Staff Report PD 94/66 dated August 22, 1994 and the proposed
by-law dated July 25, 1994 attached to the report.
It was noted in the report that the purpose of this zone change is to bring the subject lands under Zoning
By-law 85-1 in accordance with the new Municipal Plan, preserve the Iow rise, Iow density character
of the majority of the area, allow full implementation of the General Industrial (M-2) Zone along
Breithaupt Street and to clearly establish the boundary between residential and industrial land uses.
It was pointed out that notice that the Committee would hold a public meeting this date to consider this
matter had previously been given.
The Committee was advised that staff had nothing further to add to the report other than to request a
revision to clause 8 of the by-law so as to replace 8(b) with wording similar to that in the two
preceding Zone Change Applications considered this date and to delete clause 8(c) from the
proposed by-law.
No delegations responded to the Chairman's invitation to address the Committee on this matter.
The recommendation in the staff report and the by-law and revisions requested this date were then
considered.
On motion by Mayor D.V. Cardillo,
it was resolved:
"That, Zone Change Application 93/18AN/LM (Wellington Street Residential Area) requesting a change in
zoning from Semi-Restricted Residential (R2), Semi-Restricted Residential (R2) with
special provisions, Restricted Residential (R2A), Semi-Restricted Residential (R2B),
General Residential (R3), Special Restricted Commercial (SC) and Light Industrial (LI)
according to Zoning By-law 4830 and General Industrial Zone (M-2) with special use
provision 66U to according to Zoning By-law 85-1 to Residential Five Zone (R-5),
Residential Six Zone (R-6) and General Industrial Zone (M-2), all according to Zoning
By-law 85-1, on lands legally described as Lots A to J inclusive, M. Grebenstein's
Survey, Registered Plan 22; Lots 66 to 81 inclusive, Part Lot 148, Lots 149 to 156
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
inclusive, Grange's Survey, Registered Plan 376; Lots 1 to 13 inclusive, L. Breithaupt's
Survey, Registered Plan 34, Lots 82 to 100 inclusive, Lots 107 to 112 inclusive, Lots 182
to 187 inclusive and Part of Lot 37, Streets and Lanes, Grange's Survey, Registered
Plan 376; and Lots 1 to 13 inclusive, Registered Plan 125; Lots 1 to 25 inclusive,
Registered Plan 136; Lots 77 and 184, Streets and Lanes, Lots 113, 114, 188 and 189,
Grange's Survey; Part of Lots 24, 25, 26, Lots 27 and 28, L. Breithaupt's Survey,
Registered Plan 376; Part Lot 287, Registered Plan 387, Part of Lot 10, Registered Plan
671, City of Kitchener, be approved without conditions in the form 12.PD 94166-
WELLINGTON STREET RESIDENTIAL AREA
- ZONE CHANGE APPLICATION 93/18/W/LM
- (MOORE AVENUE, WELLINGTON STREET NORTH, DUKE
STREET WEST, WATERLOO STREET, WEBER STREET WEST,
AHRENS STREET WEST, MARGARET AVENUE, LOUISA
STREET, ST. LEGER STREET, EDWIN STREET, MAJOR
STREET, BREITHAUPT STREET AND LANCASTER STREET)
- BRIDGEPORT-NORTH WARD (Cont'd)
shown in the attached Proposed Zoning By-law dated July 25, 1994, as revised September 19, 1994 to
delete Clause 8 (c) and to replace Clause 8 (b) with the following:
8(b)
Notwithstanding subsection (a) above, in the event that part of the Municipal Plan is referred to the
Ontario Municipal Board and does not affect lands within this By-law, and the
remainder of the Municipal Plan is approved, this By-law shall come into effect."
The Committee then dealt with a few miscellaneous issues raised by Councillors and following that
discussion Mr. Ron Ames, 109 Wellington Street North, advised that he had wished to appear as a
delegation in respect to the zone change for the Wellington Street Residential Area. Mr. Ames
stated that he had an objection to the proposed by-law which he interpreted to be lowering the
quality of the residential area by continuing to allow a 24 hour truck route on Wellington Street. He
requested that the City remove 24 hour access by large trucks to Wellington Street.
Mr. L. Masseo commented that Wellington Street provided a connection to the Conestoga Expressway
and was the only feasible east-west route until such time as Victoria Street is widened at Margaret
Avenue which would allow trucks to be re-routed onto Victoria Street. He suggested that there was
not much the City could do at this time to address Mr. Ames concern but that staff could request Mr.
D. Snow, Director of Traffic, to provide further comment on this matter particularly as to the
necessity for Wellington Street to function as a truck route.
It was suggested that this issue could be dealt with at the next meeting of the Public Works and
Transportation Committee and the committee requested that any staff report prepared by Mr. D.
Snow be mailed to Mr. Ron Ames.
13. MISCELLANEOUS ITEMS
(a)Encroachments On City Land
Councillor B. Stortz advised that Mr. P. Weigel, the developer of the condominium project at the
intersection of Lancaster and Queen Street had received a telephone call regarding encroachment
onto city land. He questioned if any member of staff in attendance was aware of who might be
contacting property owners regarding possible encroachments.
(b)Demolitions Of Residential Houses
Councillor C. Zehr questioned assessment procedure in respect to residential houses that were zoned
commercially and became vacant before demolition and whether the assessment then reverted to
the commercial rate.
Mr. T. McCabe advised that this subject would be covered within a comprehensive report that was being
prepared for consideration in October that deals with cross purpose policies of the municipality and
a comment could be included on the taxation aspect.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
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14.ADJOURNMENT
On motion, the meeting adjourned at 6:00 p.m.
L.W. Neil, AMCT
Assistant City Clerk