HomeMy WebLinkAboutPlng & Econ Dev - 1994-09-12PED\1994-09-12
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
The Planning and Economic Development Committee met this date commencing at 6:05 p.m. under the
Chairmanship of Councillor C. Weylie, with the following members present: Mayor D.V. Cardillo and
Councillors B. Stortz, 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, Ms. J. Given, Mr. J. Willmer, Ms. C.
Ladd, Mr. J. Shivas and Mr. L.W. Neil.
1.PD 94/80 - ZONE CHANGE APPLICATION 941011TCIJG - STAGE 7 OF THE CITY'S
COMPREHENSIVE ZONING BY-LAW (OUTER AREA RESIDENTIAL)
- MODIFICATIONS TO CITY OF KITCHENER MUNICIPAL PLAN
- AMENDMENTS TO CHAPTER 680 (SIGNS) OF THE MUNICIPAL CODE
The Committee was in receipt of Planning & Development Staff Reports PD 94/80 dated August 18, 1994
and PD 94/92 dated September 9, 1994 prepared as an addendum to PD 94/80. These reports
deal with a Zone Change Application that would implement proposed Stage 7 of the City's
Comprehensive Zoning By-law 85-1, proposed modifications to the City's Municipal Plan and
proposed amendments to the City's Sign By-law relative to home businesses.
Attached to Staff Report PD 94/80 was a proposed by-law dated August 18, 1994 dealing with
amendments to By-law 85-1. It would apply new residential zones to the "Outer Area"
neighbourhoods and zone certain other properties throughout the outer area. Comprehensive
Zoning By-law 85-1 was created to replace three existing by-laws which applied to different areas of
the City and the main purpose of the new proposed by-law is to update regulations which reflect
current development trends and standards. The proposed by-law involves the application of
residential, existing use and other zones to lands outside of the inner city. The residential zones
and general provisions were created as part of the Stage 6 by-law. Further, the zoning by-law being
recommended incorporates provisions resulting from provincial legislation (Bill 120) allowing
apartments in houses. The effect is to permit an accessory apartment in a detached house, semi-
detached house or townhouse in zones where these are permitted and the provincial legislation
overrides City zoning by-laws and is already in effect. Areas on private sanitary services and flood
plain areas are not affected by the provincial legislation.
Staff
Report PD 94/80 also requests consideration to certain modifications of the City's Municipal Plan,
concurrently with the zoning by-law consideration. The Municipal Plan has been adopted by City
Council and modifications are to be recommended to the Regional Municipality of Waterloo as part
of the ministerial approval.
Also Staff Report PD 94/80 recommends amendments to Chapter 680 (Signs) of the City of Kitchener
Municipal Code in regard to signs for home businesses in residential areas.
Included in Staff Report 94/80 were additional sections including schedules of zoning map numbers 1 to
240 inclusive, and appendices A through L.
Staff Report PD 94/92 dated September 9, 1994 deals with requests for changes related to the Stage 7
zoning by-law that were received subsequent to the completion of Staff Report PD 94/80. As a
result changes are being recommended to the proposed by-law and additional modifications are
being recommended to the Municipal Plan.
It was pointed out that notice that the Committee would hold a public meeting this date to consider these
matters had previously been given through advertisements placed in the K-W Record on August 19
and 23, 1994. In addition a courtesy reminder notice was placed in the K-W Record on September
9, 1994. Those persons in attendance were advised that recommendations from this meeting would
be considered by City Council at its meeting to be held on Monday, September 26, 1994.
Mr. T. McCabe briefly introduced the staff reports and acknowledged the efforts of Ms. J. Given and Mr. J.
Willmer that have brought the Stage 7 process to the public meeting stage this date.
Ms. J. Given provided the Committee with a brief overview of the material before the Committee which
was represented in six documents. She noted that changes were proposed in addendum
1.PD 94/80 - ZONE CHANGE APPLICATION 941011TCIJG - STAGE 7 OF THE CITY'S
COMPREHENSIVE ZONING BY-LAW (OUTER AREA RESIDENTIAL)
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
Staff
- MODIFICATIONS TO CITY OF KITCHENER MUNICIPAL PLAN
- AMENDMENTS TO CHAPTER 680 (SIGNS) OF THE MUNICIPAL CODE (CONT'D)
Report PD 94/92 which had just been produced and set out for pick-up in the Department of
Planning & Development by interested parties this date and additionally noted that copies were
placed in the Council Chambers this date for pick-up by members of the public attending this
meeting. Ms. Given then described what a comprehensive by-law was noting that it was intended to
cover all lands in the City and that the City had chosen to create the new by-law in seven stages,
She pointed out that the by-law received its designation as By-law 85-1 when the Commercial
Zones were first created and then reviewed the stages of the zoning process since the creation of
By-law 85-1. She commented that reference was made in the advertisement and in the staff reports
to By-law 94-1 and pointed out that it applies only to lands designated as the inner city. Ms. Given
indicated that Stage 7 would apply to lands generally outside of the limits of the expressway and
would apply zones established in Stage 6. She stated that there were a number of primary reasons
for the proposed Stage 7 Zoning By-law and noted that one overriding reason was to respond to the
new Municipal Plan which has three residential designations whereas the old Official Plan had only
two designations. In addition Zoning By-law 4830 had hundreds of special use provisions that
made the by-law unwieldy and the proposed by-law provides for clarification and flexibility in terms
of regulations.
Mr. J. Willmer reviewed the process of public consultation which had commenced with a phased mail out
of preliminary notices that commenced in mid April 1994 and then followed up on through a series
of open house meetings. As a result of these meetings staff became aware of two major issues of
concern being flood plain planning and home businesses. After receipt of public input and 2 special
meetings on these issues staff were able to undertake revisions and completed the
recommendations contained in Staff Report PD 94/80 in mid August. He stated that since mid
August staff continued to follow up on unresolved issues and deal with new issues that have been
brought to their attention as of this date. In this regard Staff Report PD 94/92 addresses these
concerns.
Mr. Willmer pointed out that proposed Stage 7 By-law has a City wide effect in that it affects lands outside
the expressway and some lands located in all other previous stages with the main effect being
related to home businesses within Stage 6 and R-1 areas in earlier stages. Another main effect is
the incorporation of provisions relating to Bill 120 dealing with apartments in houses which was
proclaimed into law on July 14, 1994. He pointed out that this legislation provides for two units in
detached houses, semi-detached houses and townhouses and that the legislation over rides
municipal by-laws. Another implication of the bill was that it permits tandem parking in order to
accommodate the provisions of the legislation whereas the City of Kitchener has not permitted
tandem parking for multiple dwellings in the past.
Mr. Willmer then presented the following summary of Residential Zones being applied:
R-1 -limited service residential
R-2 - large lot residential
R-3 - detached residential
R-4 - small lot detached residential and semi-detached residential
R-5 - Iow density conservation
R-6 - Iow rise multiple residential
R-7 - medium rise multiple residential with a minimum floor space ratio of 1.0
R-8 - medium rise multiple residential with a minimum floor space ratio of 2.0
R-9 - high rise multiple residential
Ms. J. Given advised of background relative to the following issues that have arisen during the zone
change process. In regard to zoning for small residential care facilities she advised that it had the
same effect as existing zoning and she reviewed a recent history of this matter. Ms. Given pointed
out that the zoning implements provincial, regional and city policy respecting this use. In regard to
home businesses she stated that they were considered to be a secondary
1.PD 94180 - ZONE CHANGE APPLICATION 941011TClJG - STAGE 7 OF THE CITY'S
COMPREHENSIVE ZONING BY-LAW (OUTER AREA RESIDENTIAL)
- MODIFICATIONS TO CITY OF KITCHENER MUNICIPAL PLAN
- AMENDMENTS TO CHAPTER 680 (SIGNS) OF THE MUNICIPAL CODE (CONT'D)
component to the main residential component of any dwelling. She referred the Committee to Appendix E
which deals with home businesses and also explained the definition of artisans establishment that
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
has been arrived at. She illustrated regulations and the major revisions that had been agreed to
after staff received community input. She summarized how home businesses would be regulated in
respect to their size/scale of operation, visual impacts, nuisance/noise issues and vehicular traffic.
Of overriding concern is that the home business use be compatible with the residential
neighbourhood character. Finally on the matter of signs relating to home businesses she itemized
the proposed sign regulations.
Mr. J. Willmer stated that the other major issue brought to staff's attention after the public information
meetings was the issue of the Existing Use Zone in the Bridgeport area. He commented on the
rationale relative to the zoning of hazard lands and pointed out that the municipal plan provided for
a two zone approach that classified certain lands according to their location within either the flood
fringe or the flood way. Accordingly, the E-1 zone permits only those uses lawfully existing at the
time of the passing of the proposed by-law. He noted that the effect for residential lands was that
no additional dwelling units would be permitted. In reference to commercial areas requests have
been received for a full range of community commercial uses to be permitted. After consultation
with GRCA and Regional Staff, it was concluded that the Municipal Plan may be modified to allow a
wider range of community commercial uses, similar to the approach for convenience commercial
and neighbourhood commercial areas. In reference to industrial uses, he advised that staff
explored opportunities to be more permissive but concluded this approach would be inappropriate
as industrial uses have greater potential to be environmental hazards and only existing uses should
be allowed with requests for any change of use being considered through submission of individual
zone change applications. In regard to the suggestion that these E-1 areas be dealt with as a
special policy area under the Provincial Flood Plain Policy Statement, it was determined that no
area of Kitchener met the required criteria and he advised that Mr. B. Stanley and a representative
of the Grand River Conservation Authority were in attendance and could speak on this issue.
The Committee was asked to approve the recommendations in Staff Report PD 94/80 as amended by
recommendations in PD 94/92 and any other changes arising out of the presentations of
delegations this date. Prior to hearing delegation presentations, the Committee members posed
questions for clarification to staff.
Councillor J. Smola referred to the E-1 zone and the intent of the Department to shorten the zone change
process and questioned the number of properties involved in the E-1 zone. Mr. J. Willmer advised
that there were approximately 200 properties affected and that in terms of shortening the process
staff were limited by the Planning Act but could reduce the processing time in situations where there
was obviously little need for the usual time requirement for consultation and resolution of issues.
In response to Councillor G. Lorentz, Mr. J. Willmer advised that home businesses could be identified
through issuance of occupancy permits or through business licensing but noted that Licensing only
deals with a couple of occupations. Councillor Lorentz questioned if all home businesses would
have to pay business tax and Mr. Willmer advised that if a building permit had been issued for a
specific area set aside for home business then the Regional Assessment office would be aware of
the purpose of the space but if no building permit was issued the Regional Assessment may not be
aware of the intended use. Councillor Lorentz questioned the regulations pertaining to double
driveway widths and Mr. J. Willmer provided clarification as well as comment on the width of
driveways allowable for street townhomes. In response to Councillor Lorentz, Ms. J. Given advised
that the definition of personal service within a home business was limited to services involving the
health, beauty or grooming of a person or the maintenance or cleaning of his apparel, and would
not allow dog grooming.
1.PD 94/80 - ZONE CHANGE APPLICATION 941011TCIJG - STAGE 7 OF THE CITY'S
COMPREHENSIVE ZONING BY-LAW (OUTER AREA RESIDENTIAL)
- MODIFICATIONS TO CITY OF KITCHENER MUNICIPAL PLAN
- AMENDMENTS TO CHAPTER 680 (SIGNS) OF THE MUNICIPAL CODE (CONT'D)
Councillor G. Leadston questioned the regulations with regard to trucks parked in driveways. He was
advised that it was permissable to park trucks only up to the size of cube van. Councillor Leadston
raised the issue of notification being given to the assessment office respecting home business uses
and Mr. T. McCabe advised that staff could send a copy of occupancy permits to the assessment
office in addition to a copy of the building permit which is currently being sent. Councillor Leadston
questioned who was going to enforce the regulations applicable to the many bodyshops operating
in the municipality and was advised that by-law enforcement staff have been significantly increased
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
over the past few years and have the resources to undertake this enforcement. Councillor Leadston
questioned how much built commercial space was vacant and was advised by Councillor Lorentz
that there was at least two million square feet available. Ms. J. Given noted that many of the home
business uses were not appropriate to a commercial setting.
Councillor C. Zehr referred to Appendix E, paragraph 5.13.2 (b) wherein it stated that home business
shall be conducted wholly within an enclosed building. He indicated that other references in the
staff report talked about location within the residence. Ms. J. Given advised that except for repair
businesses, which must be within the dwelling, home businesses may be located in the residential
dwelling or an accessory building.
Councillor M. Yantzi raised the issue of signs for home businesses and questioned if it was important to
have something more than a street address. Ms. J. Given advised that a small sign could serve to
avoid confusion on the part of potential clientele. In response to a further question, Mr. T. McCabe
advised that the current by-law has no restriction to lighting of the proposed sign, rather there was
only restriction on its size.
Councillor B. Stortz expressed a concern that repair of large appliances may take place as a home
business and Mr. J. Willmer advised that if the operation was conducted entirely within an enclosed
main building with no contravention of regulations covering such things as noise and odours then
such activity would be permissable.
Councillor T. Galloway questioned how the uses of property would be dealt with in situations where
construction of public works resulted in alteration of the established flood line. Mr. J. Willmer
advised that if the change in flood line was minor then the zoning maps could be interpreted by
staff. However, if there was significant change to the flood line as a result of municipal works the
city should be responsible for initiating a zone change application to move the lands from the E-1
zone in favour of appropriate zoning. Councillor T. Galloway raised concern respecting
enforcement of regulations pertaining to home business and questioned how long it would take to
deal with an individual who does not wish to comply with regulations, how long it would take to
charge, prosecute and remove problem situation. Mr. J. Shivas advised that the process would take
a number of months. However, ticketing could be a more effective way to deal with a problem
situation but he noted that it was difficult to get provincial approval of a ticketing process in place.
Mr. Orlin Wood, Barrister, 155 Frederick Street appeared as a delegation on behalf of Winston S. Bell
and 553562 Ontario Ltd. (Winston Bell) relative to the proposed zoning of his clients lands in the
Bridgeport area as detailed in his submission dated September 6, 1994 distributed with the agenda.
Mr. Wood stated that presently the lands were zoned M-2 industrial use which permits a truck
transportation terminal and that the proposed zoning of E-1 would freeze the property and represent
a substantial negative financial impact on his client. For example, future mortgaging or sale of the
lands would be impacted as any potential purchaser would be limited to a trucking business only.
Mr. Wood advised that he had asked staff to designate the lands as a special policy area but staff
stated that it could not be justified. Alternatively he asked that consideration be given to extension
of special use provisions to anything allowed under the M-2 industrial zone. He noted that in effect
the proposed zoning change represented expropriation of his clients land
1.PD 94/80 - ZONE CHANGE APPLICATION 941011TCIJG - STAGE 7 OF THE CITY'S
COMPREHENSIVE ZONING BY-LAW (OUTER AREA RESIDENTIAL)
- MODIFICATIONS TO CITY OF KITCHENER MUNICIPAL PLAN
- AMENDMENTS TO CHAPTER 680 (SIGNS) OF THE MUNICIPAL CODE (CONT'D)
without compensation. Also he pointed out that the flood plain zoning does not take into account the
flood control structures that have been erected to deal with flood hazards and objected to the
Hurricane Hazel flood line being used as the basis to establish the lands within the flood plain
zoning. Mr. Wood commented that there were no hazardous uses taking place on his client's lands
and that the liability issue could be addressed through a special use provision and his client would
enter into any indemnity agreements and registrations on title to save the city harmless in any flood
situation. In response to Councillor J. Ziegler it was indicated that any indemnity agreement would
still place a limitation on prospective purchasers of the property. Further it was indicated that a
shortened zone change process could be accommodated as a concession to expedite approval of
other M-2 uses.
Mr. John P. Rousseau, Sutherland Mark Somerville Bumstead, Barristers and Solicitors, 300-255 King
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
Street North, Waterloo, appeared as a delegation on behalf of the J.C. Group which is the owner of
the lands known as the Kitchener Silo property situate on Highland Road West at Fischer-Hallman
Road. Mr. Rousseau noted that the property was to be zoned R-9 and expressed concern with the
floor space ratio and the minimum requirement of 1.0 in that it limits the practical ability to build on
his clients land. Accordingly he asked for modification for a minimum floor space ratio of 0.5 as a
site specific change on the basis that the modification was prudent and necessary and would
enhance the ability to deal with development of the property. He advised that the lands were
purchased by his client in 1989 and with the allowable density townhouses could have been built.
With the market situation today there was no need for construction of new apartment buildings as
there were approximately 2700 apartment units available representing a six year supply based on
current market absorption rates per year. He suggested that townhouses on his clients property in
that particular location would form a good buffer as a transition between different uses within the
area. Accordingly, he requested a site specific exemption, appropriate change to the zoning by-law
and related Municipal Plan change to accommodate this property.
In response to Councillor J. Ziegler, Ms. J. Given explained the nature and effect of the minimum floor
space ratio on a typical piece of property.
Mr. Steve Grant, Madorin Snyder, 235 King Street East, appeared as a delegation on behalf of Paul Tuerr
Construction Limited in regard to the provision in the proposed Stage 7 by-law that permits
intensification in single family residential areas. As well, he indicated that he wished to speak on
the matter of home occupations. On the issue of intensification and duplexing, Mr. Grant
commented that he recognises that the municipality must live with the provisions of Bill 120, but
suggested that the passing of the provincial legislation does not mean that it should be embraced
by the municipality without further consideration. He suggested that there may be regulations the
city could pass that may have the effect of not encouraging duplexing. Accordingly he asked that
staff and council consider if there were regulations, the municipality could use relative to the
duplexing issue. In reference to duplexing he stated that over the years purchasers of homes from
his client have insisted on single family uses and his client had given commitment in this respect.
On the matter of home occupation, he advised that the main concern of Tuerr Construction was the
effect that medical office use may have on single family residential areas. Mr. Grant suggested that
any regulation to minimize the number of patients at any one time could still result in significant
vehicles impacting a street and neighbourhood in a one hour period. He stated it was not
appropriate to have such medical health office in residential areas and that such uses should be
restricted to specific areas of the city.
Mr. P. Britton, MacNaughton Hermsen Britton Clarkson Limited, 171 Victoria Street North appeared as a
delegation on behalf of Hallman Aberdeen, Hallman Brierdale, Cybau Holdings Inc., and Drewlo
Holdings Inc., and advised of support of these clients for the proposed zoning by-law and related
modifications to the Municipal Plan. He did note that he is currently discussing a property with the
Grand River Conservation Authority and may return for a re-zoning on a site
1.PD 94/80 - ZONE CHANGE APPLICATION 941011TCIJG - STAGE 7 OF THE CITY'S
COMPREHENSIVE ZONING BY-LAW (OUTER AREA RESIDENTIAL)
- MODIFICATIONS TO CITY OF KITCHENER MUNICIPAL PLAN
- AMENDMENTS TO CHAPTER 680 (SIGNS) OF THE MUNICIPAL CODE (CONT'D)
specific basis at a later date. Mr. Britton stated that he was also appearing on behalf of St. Mary's
Hospital and referred to the correspondence and map relating to 66 Spadina Road attached to the
Appendix of Staff Report PD 94/92. He pointed out that parcels 1, 2, and 3 represented the land
holdings of St. Mary's Hospital and stated that his concern was parcel 3 which contains 40, 64, and
66 Spadina Road West and noted that as part of Stage 6, 40 & 64 Spadina Road were included
whereas 66 Spadina Road was not rezoned through Stage 6. He asked the Committee to take note
of the staff response as outlined on Appendix A-38 which confirms his interpretation but note that
staff suggest a site specific zone change must be applied for. Accordingly, he requested that the
Committee re-zone 66 Spadina Road West similarly to the zoning of 40 & 64 Spadina Road within
parcel #3. Instead of re-zoning under Stage 7 from R2B to R-5, Mr. Britton requested the property
be rezoned I-1 with special regulations similar to 40 & 64 Spadina Road West.
Ms. Dianne Schildroth, R.R.#1, Waterloo, and Mr. Bill Reimer appeared as a delegation on behalf of land
owners fronting Lancaster Street between Lang Crescent and General Drive. Ms. Schildroth
advised that they had met with staff and are in agreement with the revisions in Staff Report PD
94/92 that would add additional uses through C-2 zoning as outlined on page 6 of report PD 94/92.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
Mr. Bernie Hermsen, MacNaughton Hermsen Britton Clarkson, 171 Victoria Street North, appeared as a
delegation on behalf of the Carinvest Group Inc., which owns a .8 acre parcel of land known
municipally as 78 Woolwich Street. Mr. Hermsen advised that the property is a two storey single
dwelling close to the front of the property line and that the property was 300 feet in depth and it was
always the intent to re-develop the rear lands for multiple residential use. He noted that the R2
General Residential (Bridgeport) zoning permits apartments, singles, duplex and other public uses
and that a site plan application has been made for a multiple residential development. However, he
advised that the zoning of R-4 in the proposed by-law permits only single, semis, and coach house
dwellings and not apartments/multiples that his client wishes to develop. He described zoning on
adjacent lands and noted that the property was very near to a townhouse development in the City of
Waterloo. Accordingly, he asked for R-6 zoning that would implement a Iow rise designation and be
consistent with the Municipal Plan.
Mr. Gary Auer, Campbell Wyman Auer Ltd., 582 Frederick Street, appeared as a delegation representing
a client who owns lands situated at 49 Doon Valley Drive which was proposed to be zoned R-3.
However, because the lands are located between lands zoned R-6 and R-5, he requested the R-3
zoning be changed to R-6 (Schedule #275 - Map #202).
Councillor T. Galloway commented that it was his recollection that the community plan called for only
single family development east of closed Pinnacle Drive. Mr. Auer commented that Pinnacle Drive,
Old Mill Road, Durham Street and Doon Village Road were predominantly zoned as R-3 and it was
his observation that intent to zone a number of vacant parcels as R-3 has also caught up his clients
property in this zoning.
Dr. Judy Ann Chapman, 11 Dayman Court, appeared as a delegation on behalf of property owners of the
Greenbelt Neighbourhood in opposition to the existing R1 zoning being changed to new R-2 zoning
as detailed in her submission dated September 7, 1994 distributed with the agenda. She advised
that the properties she represented involved lands on both sides of Glasgow Street from just north
of Knell Drive to Silvercrest, Silvercrest, Maplehill Drive and two properties on Westwood Drive. Dr.
Chapman advised that she was aware of only one resident who was content with the proposed
zoning change and that the remainder object. She pointed out that detached homes were situated
on large treed lots and were served by a septic system with the exception of one property and that
given the estate nature and absence of sewer service, these properties should be zoned R-1 which
would not permit duplexes. Following some discussion she advised that while the lots were
technically serviceable with sewers, it was
1.PD 94/80 - ZONE CHANGE APPLICATION 941011TCIJG - STAGE 7 OF THE CITY'S
COMPREHENSIVE ZONING BY-LAW (OUTER AREA RESIDENTIAL)
- MODIFICATIONS TO CITY OF KITCHENER MUNICIPAL PLAN
- AMENDMENTS TO CHAPTER 680 (SIGNS) OF THE MUNICIPAL CODE (CONT'D)
unknown when this would ever happen.
Mr. Larry Hundt, 3012 Old Mill Road, appeared as a delegation representing a number of neighbours of
Old Mill Road in respect to a triangular piece of property to be zoned R-5 which abuts Old Mill Road
and Doon Valley Drive as shown on Schedule #307 - Map #227. He noted that farm property
opposite Conestoga College has R-3 as the proposed zoning and suggested that the triangle parcel
of land be included and zoned similarly with that property since both properties were owned by the
same owner. Accordingly, it was requested that the proposed R-5 zoning be changed to R-3 and
Councillor T. Galloway advised that the property owner was aware of the neighbourhood preference
for R-3 zoning of the triangular lands.
Mr. Bill Green, Green & Associates, 155 Lexington Court, Waterloo, appeared as a delegation on behalf
of Freure Developments (Schedule #48 - Map #48) in respect to the Countryside Project adjacent to
Ottawa Street South west of Fischer-Hallman Road. He stated that the necessary zoning was
previously applied for and it had been expected that the lands in question would have been dealt
with by now, and a timing problem in respect to the Stage 7 by-law would have been avoided. Mr.
Green asked that the Committee delete the Stage 2 portion of the subdivision as illustrated from the
proposed by-law so that a site specific zone change application could proceed. He stated that it
was known there were no objections to the application and that staff report was virtually completed.
Mr. Bill Green also appeared as a delegation on behalf of the owners of Victoria Westmount Centre in
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
respect to Staff Report PD 94/92 and recommendation 2.A.8 dealing with special use provision 191
and advised that his clients were in support of the staff recommendation.
Mr. Jack Forbes, 5 Westgate Walk, appeared as a delegation in opposition to the proposal to change the
zoning of his neighbourhood from R1 to new R-2 as outlined in his submission distributed with the
agenda. Mr. Forbes stated that the area has been classed as an R1 residential zone for almost 40
years and asked that the Committee refuse sections 5.13.1 and 5.13.2 of the proposed by-law; that
is, refuse home businesses being permitted in single detached dwellings and semi-detached
houses. He stated that it was the view of the Business and Industry Advisory Committee that the
sections referred to create more problems than they would resolve and he suggested that the
sections represent an over reaction to the local employment problem that is less severe in Kitchener
that in other communities. Mr. Forbes noted that while criteria are established to control problems
resulting from such things as noise and traffic generated by home businesses, no specific mention
was made of preserving the residential character of a neighbourhood.
In response to Councillor M. Yantzi, Mr. Forbes advised that what he was asking for was a residential
neighbourhood that did not permit home businesses. Councillor C. Zehr questioned if Mr. Forbes
would be objecting if home businesses were removed from the R-2 zone and Mr. Forbes advised
that R-1 and R-2 zones would then be the same.
Mr. Robert Yawney, 188 River Road East, appeared as a delegation in support of his submission dated
September 12, 1994 which was distributed to the Committee this date. Mr. Yawney expressed
appreciation for the acknowledgement that has been given in the staff report of the importance of
home based businesses. He pointed out that it was estimated that 1/4 of Canadian households
operate some form of home business and commented on the economic benefits generated by such
businesses. He indicated that he had a concern with Appendix A affecting proposed changes to
Section 680 of the Municipal Code (Signs) and was of the opinion that some of the views expressed
supporting the changes were without foundation. Further, he noted that there have been very few
complaints received respecting home businesses and it was unknown what if any complaints were
related to signage. Mr. Yawney requested that home businesses on primary, secondary and major
collector roads be allowed to have ground signs or fascia signs
1.PD 94/80 - ZONE CHANGE APPLICATION 941011TCIJG - STAGE 7 OF THE CITY'S
COMPREHENSIVE ZONING BY-LAW (OUTER AREA RESIDENTIAL)
- MODIFICATIONS TO CITY OF KITCHENER MUNICIPAL PLAN
- AMENDMENTS TO CHAPTER 680 (SIGNS) OF THE MUNICIPAL CODE (CONT'D)
illuminated to a size not exceeding two feet by four feet and a maximum height of 2.46 rather than the
staff recommendation to allow a window sign to a maximum of 0.1 m2 for home businesses.
Mr. Steve Bongelli, 98 Tanglewood Avenue, appeared as a delegation to express general support of the
proposed zoning by-law particularly as it relates to home business. He noted that home businesses
were a reality that was here to stay and that it was appropriate to regulate such business to protect
residential areas. He commented that the proposed by-law achieves a balance between
maintaining the residential component and permitting home business.
Mr. Paul Born, Executive Director, Community Opportunities Development Association, cio CODA Small
Business Centre, 720 King Street East, appeared as a delegation expressing support for home
based businesses as outlined in the proposed by-law. He distributed a copy of the 1993-94 Annual
Report of CODA for the Committee's information. Mr. Born commented on the significant number of
new business starts that CODA has been involved in and he stated that CODA supports orderly
regulated development of home businesses. He pointed out that starting from the home was a
realistic option for many entrepreneurs and noted that numerous large corporations had origins in
home business. He pointed out that many of the businesses are invisible from the street and that
the proposed by-law positively supports the trend to self employment.
Ms. Wendy Priesnitz, Co-ordinator, Home Business Network, R.R.#1, St. George, appeared as a
delegation in support of home businesses as outlined in the proposed by-law. She commented that
over many years she has travelled widely speaking on the issue of home based businesses and
pointed out that it was appropriate to look at the question of impact on neighbourhoods. On the
issue of trying to remain unknown so as to avoid business taxes, she stated that this was a myth
and that these home based businesses want to be legalized and to be known. On the issue of not
using commercial space, she pointed out that the businesses are start up oriented and would likely
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
~I~DTI~IUII~I~D 4') 4QQA _ 4~,~ _
not exist if they could not operate from the home and consequently have no real impact on the
commercial space issue.
Councillor B. Stortz questioned if home businesses usually move on and occupy larger premises and Ms.
Priesnitz replied that necessity for this depends on the type of business the person was in.
Councillor T. Galloway stated that his concern was enforcement of zoning and property standards
regulations and questioned how other municipalities were dealing with problems involving these
regulations. Ms. Priesnitz advised that many municipalities enforce on complaint only. She also
noted that the trend was to encourage home businesses to come forward and register with the
municipality for a fee that was collected in lieu of business tax assessment. Councillor M. Yantzi
stated that he considered the by-law to be pro-active noting that signage was an issue that many
municipalities avoid so as to not change the character of residential neighbourhoods.
Mr. Andre Probst, 24 Morrison Road, appeared as a delegation to request legalization of his existing
home business under the proposed R-6 zoning. He pointed out that with the removal of craftsman
shop from the list of permitted home businesses, his existing business would become marginally
non-conforming. Mr. Probst advised that he operates a computer signage shop on a large parcel of
land and asked that a special regulation be granted to legalize the non-conforming use. Secondly,
in regard to the proposed change that would limit the size of home business signs, he stated that it
was his opinion as a sign designer that a .1 m2 size limitation negates the function of a sign and
would not be legible from the street. Accordingly, he requested that a 1 m2 sign be allowed on the
building face or a .5 m2 free standing sign 1.5 m in height be permitted ahead of the building line.
1.PD 94/80 - ZONE CHANGE APPLICATION 941011TCIJG - STAGE 7 OF THE CITY'S
COMPREHENSIVE ZONING BY-LAW (OUTER AREA RESIDENTIAL)
- MODIFICATIONS TO CITY OF KITCHENER MUNICIPAL PLAN
- AMENDMENTS TO CHAPTER 680 (SIGNS) OF THE MUNICIPAL CODE (CONT'D)
Ms. Karen Sotiriou, 17-565 Belmont Avenue West, appeared as a delegation to express concern over two
issues respecting home businesses. Firstly, she requested clarification of the definition of artisans
establishments and that such activities such as home sewing and alteration be included therein.
Secondly, she pointed out that repair was not included under Section 5.13.3 and noted that there
were situations, for example, in the sewing field where work is sub-contracted after being picked up
from shops. Ms. Sotiriou indicated that staff have concurred with her that the current definition of
artisans establishment is not as clear as it could be.
Dr. Wilfred Reive, 178 Claremont Avenue, appeared as a delegation and advised that it was his view that
doctors offices in residential areas should not be allowed. Further, he noted that home offices
utilizing computer technical equipment have no impact on a residential area.
Mr. John Goemans, 62 Rusholme Road, appeared as a delegation to comment on home businesses and
health offices in residential areas. He commented that it was clear staff were not attempting to
undermine neighbourhoods, but suggested that some of the elements proposed in the by-law could
negatively impact residential areas. He stated that any home business should be required within
the house and not be permitted to locate in an accessory building. Secondly, he stated that health
offices should be eliminated from the proposed by-law and any current health offices should be
restricted to the building presently in existence. Mr. Goemans emphasized that such activity
negatively effects neighbourhoods as a result of the traffic volume and parking requirements
generated by such use. Further he questioned if there was any restriction on home businesses as
to their days of operation or hours of operation and that this issue should receive detailed
consideration so that it is understood by all before any approvals with respect to home businesses
are given. He stated that he supports the concept of home offices that do not impact on
neighbourhoods but not home businesses and that there was a lot of opposition to the impact that
potential home businesses could have on neighbourhoods. Since this question affects some
35,000 residents, he suggested that the matter be dealt with by means of a plebiscite in the
November municipal elections that would ask the following question: "Are you in favour of allowing
home businesses in your neighbourhood?".
In response to Councillor B. Stortz on the issue of days and hours of operation, Mr. Goemans indicated
that health offices and barbershops would bring a level of noise to residential neighbourhoods that
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
is not there at present. Councillor M. Yantzi stated that with the regulations being imposed on
health offices, he would question if it was realistically viable for a doctor to live and work within a
residential area.
Councillor C. Weylie indicated that she had no other delegation registrations and questioned if there was
anyone else in attendance who wished to address the committee.
Mr. Ulrich Furtmair, appeared as a delegation on behalf of Furtmair Auto Services Inc., 51 Bridge Street
East, in opposition to the re-zoning which would change zoning of his property from M-2 to E-1. He
advised that a commercial building, garage and house was located on the property and that when
the property was purchased, it was with the intent to expand the business and build an addition to
the existing commercial building. However, the proposed re-zoning makes any addition impossible.
He stated that there was insufficient time from the notice received on June 1, 1994 to properly
consider this matter and retain outside planning and legal advice and therefore requested that the
Committee postpone the proposed re-zoning and not pass any by-laws until the new council was in
office after the November 14, 1994 municipal election. Mr. Furtmair referred to the fact that various
recalculations of the flood zone have taken place and suggested that there was some doubt
respecting the reasoning used to develop the flood lines and that this should be further examined.
1.PD 94/80 - ZONE CHANGE APPLICATION 941011TCIJG - STAGE 7 OF THE CITY'S
COMPREHENSIVE ZONING BY-LAW (OUTER AREA RESIDENTIAL)
- MODIFICATIONS TO CITY OF KITCHENER MUNICIPAL PLAN
- AMENDMENTS TO CHAPTER 680 (SIGNS) OF THE MUNICIPAL CODE (CONT'D)
Mr. Don Stewart, Planning Initiatives, 379 Queen Street South, appeared as a delegation on behalf of the
owner of the property known municipally as 611-623 Lancaster Street. He indicated that he
attended the July 20th meeting at which it was agreed the front portion of the property could be
zoned C-4 and not E-1 and the GRCA was requested to re-consider the flood line. Recalculations
were undertaken and subject to receiving formal notice of the change, his client was of the view that
his concerns had been met. Mr. Willmer acknowledged correspondence that has been received
regarding this request and changed the flood lines shown on map #80.
Mr. Emil Czudyjowycz, 413 Lancaster Street West, appeared as a delegation and advised that he had
followed the home business issue as it has unfolded and commended staff for their work in
producing this part of the report. He commented that the matter of home businesses was a common
sense issue, and regulations should simply state what can be done. As to the matter of signage he
also suggested that common sense should be used and if a small sign was all that was going to be
allowed that it be permitted to be set adjacent to the roadway.
Mr. Peter Wiese, 63 Rusholme Road, appeared as a delegation to comment on the issue of health offices
located in residential areas. He asked that the Committee consider the situation where a property
owner resident might be husband and wife, both of whom are doctors and noted the volume of
patients that could stack up and negatively impact the residential area. He asked that the
Committee avoid the problem and exclude health offices from residential areas. Further, he
questioned why property owners who are paying between $6,000 and $12,000 in municipal taxes
would want any kind of business locating within their neighbourhood.
No other delegations responded to the Chairman's final invitation to address the committee on these
matters.
Before calling a short recess in the meeting, Councillor C. Weylie asked that members of the Committee
itemize any concerns they intended to raise during committee discussion.
Councillor J. Ziegler advised that he would be speaking in regard to a request from George and Susan
Gordon, 1054 Hidden Valley Road, to be allowed to zone for a garden centre on their 5 acre parcel
of land that was purchased in 1974. He noted that when Mrs. Gordon retires she plans to open a
garden centre/nursery and that staff do not support the request.
Councillor T. Galloway advised that he would be dealing with a request of Chalon Estates for a special
provision to allow for development of some semi-detached units in Caryndale which was proposed
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
to be zoned R-1 because the dwellings are on private services.
Councillor G. Leadston recommended that health offices be deleted from the proposed by-law on the
basis that they were not economically viable in any event for a doctor to carry on a business when
limited to three patients per hour.
At this point Councillor C. Weylie, Chairman, called a recess in the meeting which was reconvened five
minutes later. The Chairman advised that the Committee would now consider the requests of the
delegations and Mr. T. McCabe introduced and briefly summarized each request.
Mr. T. McCabe advised that the request of Mr. Orlin Wood was similar to the request made by Mr.
Furtmair and that Mr. B. Stanley would comment on the flood plain issue. Mr. Stanley advised that
the issue of requesting a special policy area designation for the Bridgeport area was not new and
that on two occasions in the past after significant review it had been concluded that a special policy
area was not appropriate. He pointed out that in the Region of Waterloo there were only two areas
designated as a special policy area and those were located in the downtown of the Cities of
Cambridge and Waterloo. A special policy area is only applicable where a two zone flood policy
would have serious adverse economic impact and in the case of the downtowns they
1.PD 94/80 - ZONE CHANGE APPLICATION 941011TCIJG - STAGE 7 OF THE CITY'S
COMPREHENSIVE ZONING BY-LAW (OUTER AREA RESIDENTIAL)
- MODIFICATIONS TO CITY OF KITCHENER MUNICIPAL PLAN
- AMENDMENTS TO CHAPTER 680 (SIGNS) OF THE MUNICIPAL CODE (CONT'D)
clearly qualify under the criteria. Also, provincial criteria clearly states that special policy area designation
not apply where there are other alternatives available. Mr. Stanley pointed out that the province,
region, city and conservation authority were unified that a special policy area was not warranted in
Bridgeport and that if an exception was made, the municipality would be accepting risk and liability.
Mr. T. McCabe recommended no changes to the E-1 zone in Bridgeport and suggested that if a
change of use was proposed in the future, that the required zone change application could be put
on a fast track process with the Region and Grand River Conservation Authority. In this regard he
pointed out that if there was no concern with regard to a zone change of property in the E-1 zone
that application process could be reduced to four months. Councillor J. Smola suggested any such
applications received priority processing as well as waiving of the fee.
On motion by Councillor J. Ziegler,
it was resolved:
"That the following be approved with respect to future zone change applications received for properties in
the E-1 zone:
- the application fee be waived on a one time basis for each property
- the neighbourhood circulation process be eliminated and the agency circulation be
reduced/limited unless concerns require further discussion and resolution
- the application receive "fast track" priority processing by the Department of Planning
Development."
and
Councillor M. Yantzi disclosed a conflict of interest and abstained from all discussion as his residence in
the Victoria Park neighbourhood is located within a flood prone area.
The request of Mr. Don Stewart relative to 611-623 Lancaster Street was then considered.
On motion, it was agreed in regard to 611-623 Lancaster Street, to change the by-law as to shift the
flood fringe (E-l) line on the rear portion of the property in order to reduce the area at the rear of the
property affected by the E-1 zone and to make the appropriate revision on Map, No. 80 based on
the fill permit issued by the GRCA.
The request of Mr. John Rosseau respecting the J.C. Group lands on Highland Road West to allow a .5
minimum floor space ratio rather than a 1.0 minimum floor space ratio on the lands zoned R-9 was
then considered. Mr. B. Stanley commented that the lands in question fall within one of the Nodes
in the new Municipal Plan which has a policy to discourage zone change applications that reduce
densities adjacent to transportation corridors. He pointed out that last year Council refused a similar
request made by Cybau Holdings Inc., for adjacent lands.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
On motion by Councillor M. Yantzi, it was agreed that no change be made to the R-9 zoning
respecting the lands of J.C. Group commonly known as the Kitchener Silo property situated on
Highland Road West.
The request of Mr. Steve Grant on behalf of Paul Tuerr Construction in which he requested the city to re-
consider its approach to implementing Bill 120 was then considered. Mr. J. Shivas, Assistant City
Solicitor, commented that the covenants which Mr. Tuerr gave his purchasers in the past could not
be contrary to provincial law.
On motion by Councillor B. Stortz, it was agreed that no action be taken on the request of Mr. S. Grant
for Paul Tuerr Construction relative to the city's approach to implementation of Bill 120.
1.PD 94/80 - ZONE CHANGE APPLICATION 941011TCIJG - STAGE 7 OF THE CITY'S
COMPREHENSIVE ZONING BY-LAW (OUTER AREA RESIDENTIAL)
- MODIFICATIONS TO CITY OF KITCHENER MUNICIPAL PLAN
- AMENDMENTS TO CHAPTER 680 (SIGNS) OF THE MUNICIPAL CODE (CONT'D)
The other request of Mr. S. Grant relating to concern over medical office as a home occupation will be
considered jointly with the submissions of other delegations this date.
The
Committee then considered the request of Mr. P. Britton, acting on behalf of St. Mary's Hospital
relative to 66 Spadina Road in which institutional zoning was requested rather than the proposed R-
5 zoning in the Stage 7 by-law. Mr. T. McCabe advised that he could not support the request and
pointed out that the property was not within the boundaries of the Stage 7 circulation, or the By-law
before the Committee today.
On motion it was agreed that no action be taken in respect to the request of Mr. P. Britton acting for St.
Mary's Hospital to change the zoning of 66 Spadina Road from the proposed R-5 to Institutional.
The Committee then dealt with the request of Mr. B. Hermsen for Carinvest Group Inc., to change the
zoning of 78 Woolwich Street from R-3 to R-6. Mr. T. McCabe advised that it was intended that the
lands be zoned R-3 and if there was any change there should be a site specific process take place.
Councillor J. Smola stated that he was in agreement with the delegation's request as appropriate to
the development of the property.
On motion
Street
Group
by Councillor J. Smola, it was agreed to change the proposed zoning of 78 Woolwich
from R-3 to R-6 in accordance with the request of Mr. B. Hermsen on behalf of Carinvest
Inc., and to revise Map No. 81 accordingly.
The request of Mr. Gary Auer on behalf of the owner of 49 Doon Valley Drive to change the proposed
zoning from R-3 to R-6 was then considered. Mr. T. McCabe pointed out that it was intended the
subject lands be zoned R-3, were circulated to the neighbourhood as R-3, and that any change
should be way of a site specific process. Councillor T. Galloway commented that there was some
misunderstanding on the question of zoning of vacant lots on Pinnacle Drive and the details in
respect to the community plan. It was clarified that the proposed zoning did not relate to whether
lands were vacant, but rather that the Community Plan permits two-unit dwellings on both sides of
Pinnacle Drive from Doon Valley to Amherst.
On motion it was agreed that no action be taken on the request of Mr. Gary Auer to change the zoning
of 49 Doon Valley Drive from R-3 to R-6 zoning.
The request of Dr. Judy Ann Chapman to change the zoning from R-2 to R-1 on part of Glasgow Street,
Maplehill Drive, Silvercrest Drive and Westwood Drive was then considered. Mr. T. McCabe
commented that the R-1 zone was intended for properties with a minimum 100 ft. frontage and
minimum one acre size and that the request was not appropriate to meet the regulations of the R-1
zone. Dr. Chapman advised the Committee that she would debate the size of lots on Glasgow
Street and stated that a number of the lots were over both 100 ft. frontage and one acre in size. Mr.
T. McCabe advised that the R-2 zone provided for a minimum 10,000 sq. ft. lots and that if the
request was acceded to it would create non-conforming zoning which would inhibit any future
alteration to undersized properties in the zone.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
On motion by Councillor B. Stortz, it was agreed that no action be taken on the request of Dr. Judy
Ann Chapman to change the zoning from R-2 to R-1 on certain lands on part of Glasgow Street,
Silvercrest, Westwood and Maplehill Drive.
The request of Mr. Larry Hundt on behalf of neighbours of Old Mill Road respecting a triangular parcel of
land fronting Old Mill Road and Doon Valley Drive was then considered. Ms. J. Given commented
that given the site constraints of the land parcel, staff consider the R-5 zoning to provide the most
flexibility for future development. Councillor T. Galloway commented that currently the land is
zoned township residential the same as the much larger parcel across Old
1.PD 94/80 - ZONE CHANGE APPLICATION 941011TCIJG - STAGE 7 OF THE CITY'S
COMPREHENSIVE ZONING BY-LAW (OUTER AREA RESIDENTIAL)
- MODIFICATIONS TO CITY OF KITCHENER MUNICIPAL PLAN
- AMENDMENTS TO CHAPTER 680 (SIGNS) OF THE MUNICIPAL CODE (CONT'D)
Mill Road and that the subject triangular parcel should be zoned R-3 the same as the larger parcel across
the road. He commented that a future land owner wishing higher density could apply for a site
specific zone change if that was what was desired. In support of his position, he quoted from the
Lower Doon Community Plan. Ms. J. Given advised that the triangular parcel was proposed to be
zoned R-5 since the initial circulation. Councillor J. Ziegler stated that he was concerned that the
owner of the property was not here and that the owner should be invited to attend the September
26th council meeting if any changes were made. Councillor T. Galloway advised that the property
owners of the triangular parcel are aware of the neighbourhoods request that the proposed zoning
be changed from R-5 to R-3.
On motion by Councillor T. Galloway, it was agreed that in respect to the request of Mr. L. Hundt on
behalf of area neighbours that the proposed zoning of a triangular parcel of land fronting Old Mill
Road and Doon Valley Drive be changed from R-5 to R-3 and the appropriate revision be made to
the Map No. 227 and that personal notice of this revision to the proposed zoning by-law be given to
the property owner as soon as possible.
The request of Mr. Bill Green on behalf of Freure Development Ltd., to remove Phase 2 of the
Countryside development from the Stage 7 re-zoning was then considered.
On motion by Councillor C. Zehr, it was agreed that the request by Mr. Bill Green on behalf of Freure
Developments for removal of Phase 2 of the Countryside development from Stage 7 be acceded to
subject to the zone change application being processed using the new Residential Zones of By-law
85-1 and the appropriate revision be made to the Map No. 48.
The request of Mr. Robert Yawney for larger signs for home businesses was then considered. Mr. T.
McCabe advised that staff do not support the request and recommend that no change should be
made to the staff recommendation.
At this point Councillor C. Weylie vacated the Chair which was assumed by Councillor J. Ziegler.
Councillor C. Weylie proposed that no signs be permitted for home businesses city wide. Councillor B.
Stortz noted that some existing home businesses had signs at present and questioned how these
situations would be treated. After consideration, staff confirmed that legally existing signs would not
be affected pursuant to Chapter 680.3.6 of the Municipal Code. Councillor G. Lorentz commented
that it was his view that signs designating home businesses were not appropriate to a residential
area.
On motion by Councillor C. Weylie, it was agreed that signs identifying home businesses not be
permitted city wide and that the staff recommendation in PD 94/80 be revised to reflect this
prohibition.
Councillor J. Ziegler vacated the Chair which was assumed by Councillor C. Weylie who then chaired the
remainder of the meeting.
The request of Mr. A. Probst to allow his craftsman shop at 24 Morrison Road was then considered. Mr.
T. McCabe suggested that if the committee wished to favourably consider the request, a special use
provision be added to the R-6 zoning to recognize the existing home business at that property.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
Councillor J. Ziegler noted that the sign manufacturing business has been established at the
property for a long time and felt the request could be accommodated.
On motion by Councillor J. Ziegler, it was agreed that a special use provision be added to the R-6
zone to recognize the existing craftsman shop at 24 Morrison Road and the proposed by-law be
revised accordingly subject to compliance with the proposed home business regulations. Further it
was requested that staff prepare a report outlining what if any complaints have been
1.PD 94/80 - ZONE CHANGE APPLICATION 941011TCIJG - STAGE 7 OF THE CITY'S
COMPREHENSIVE ZONING BY-LAW (OUTER AREA RESIDENTIAL)
- MODIFICATIONS TO CITY OF KITCHENER MUNICIPAL PLAN
- AMENDMENTS TO CHAPTER 680 (SIGNS) OF THE MUNICIPAL CODE (CONT'D)
received respecting the existing business for consideration at the September 26th Council meeting and
detail the extent to which the existing use complies with the proposed regulations.
The Committee considered the request of Ms. Karen Sotiriou, for the definition of artisan's establishment
to be expanded to include custom tailoring. Mr. T. McCabe commented that the staff would support
the request.
On motion it was agreed to incorporate custom production, alteration or tailoring of apparel within the
definition of artisan's establishment and the proposed by-law be revised accordingly.
The request of Mr. Jack Forbes in which he requested that the Committee vote no to Sections 5.13.1 and
5.13.2 relating to home businesses in the draft by-law was then considered. Mr. T. McCabe
itemized the concerns raised by Mr. Forbes. He commented on the practicality of such occupations
as dietician and reflexologist operating from a home business and noted that it was the
Department's position that through proposed regulations, the primary use of the residential area
would not be diminished.
The Committee then considered the submission by Mr. J. Goemans who had raised issues of days and
hours of operation, requested deletion of health office from the by-law and discussed his view of the
difference between home office and home business and suggested that home businesses would
impact on residential areas but not home offices. On the matter of hours of operation, Mr. J. Shivas,
Assistant City Solicitor, advised that there was no authority in the planning act to allow for regulation
of days and hours of operation. He suggested that the city would have to seek a broader authority
in this regard in the Municipal Act, but it would be necessary to apply the provision with equal
application. He indicated he would look into the legislation. Councillor J. Ziegler maintained that it
was not necessary to regulate hours of operation as any problems could be dealt with in terms of
other regulations such as the noise by-law. Councillor G. Lorentz stated that he was concerned
with on-street parking problems generated by home businesses and particularly with respect to
health offices and the impact of doctors and dentists businesses in residential areas which he
recommended be eliminated from the by-law. Councillor G. Leadston also supported elimination of
the medical profession from the by-law and suggested use of the words "health care practitioners"
excluding doctors and dentists.
On motion by Councillor G. Lorentz,
it was resolved:
"That physicians and dentists be prohibited from locating as a home business in residential zones and
that staff prepare the appropriate wording to revise the proposed by-law for consideration by
City Council at its September 26, 1994 meeting."
On motion it was agreed that no action be taken on the request of Mr. J. Goemans to allow home offices
but not allow other home businesses.
The Committee then dealt with the request of Councillor J. Ziegler on behalf of Mr. & Mrs. G. Gordon,
1054 Hidden Valley Road, who requested zoning for a garden centre and nursery as an additional
use on their property and which would also require a Municipal Plan modification. Mr. McCabe
advised that staff do not consider the requested use appropriate to the area. Councillor J. Ziegler
commented that the Gordon property was located only three or four properties from the adjacent
industrial area. Councillor M. Yantzi commented that if the request was approved, he did not want
to see the use entrenched in the by-law.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
On motion it was agreed that a special use provision be added to the proposed by-law to permit a
garden centre and nursery at 1054 Hidden Valley Road (Lot 5, Registered Compiled Plan 1519)
and that a further modification be made to the Municipal Plan.
1.PD 94/80 - ZONE CHANGE APPLICATION 941011TCIJG - STAGE 7 OF THE CITY'S
COMPREHENSIVE ZONING BY-LAW (OUTER AREA RESIDENTIAL)
- MODIFICATIONS TO CITY OF KITCHENER MUNICIPAL PLAN
- AMENDMENTS TO CHAPTER 680 (SIGNS) OF THE MUNICIPAL CODE (CONT'D)
The Committee then considered the request of Councillor T. Galloway on behalf of Chalon Estates for
semi-detached dwellings. Ms. J. Given advised that the Committee of Adjustment recently dealt
with a consent application of Chalon Estates and it was the Committee's view that creation of such
lot was out of character for the area. Accordingly staff recommend R-2 zoning and are not in
support of adding semi-detached dwellings. Further discussion followed and it was unclear on what
lots the semi-detached dwellings was being requested and it was suggested that representatives of
Chalon Estates approach council directly.
On motion it was agreed that no action be taken to revise the proposed by-law to allow for semi-
detached dwellings on lands of Chalon Estates Limited.
The recommendations in Staff Reports PD 94/80 and PD 94/92, as revised this date and the additional
changes agreed to this date, including revisions to the proposed zoning by-law dated August 18,
1994, revisions to the Municipal Plan and the revisions to the sign by-law were then considered.
On motion by Councillor J. Ziegler,
it was resolved:
A."That the attached "Proposed By-law", dated August 18, 1994, representing amendments to By-law 85-
1, being the seventh stage of the City's Comprehensive Zoning By-law for the primary purpose
of applying the new Residential Zones to the "outer area" neighbourhoods and zoning certain
other properties throughout the City, as revised September 12, 1994 to include the revisions
listed hereunder, be approved, without conditions:
1.Section 8 of Proposed By-law: Clause 5.13.2(k) is amended by deleting the phrase "not more than 5
customers" and substituting the phrase "not more than 3 customers".
2.Section 12 of Proposed By-law: Item ii) of Subclause c) of Section 6.1.1 is amended by deleting "50% of
the lot width" and substituting "65% of the lot width".
3.Section 35 of Proposed By-law: Section 48.2 is amended by adding to the end of the third paragraph
the phrase "or to the parking of the trailer component of a tractor trailer or semi-trailer."
Section 36(b)(iii) of Proposed By-law: The list of Schedules is amended to include Map
numbers for certain Schedules as follows:
"Schedules Numbered ... 13 (Map 14), 15 (Map 16), 16 (Map 17), 18, 19, 20, 21, 22, 23, 24 (Maps 19-
25)..."
Section 38 of Proposed By-law: Subsection 180 is deleted and the following subsection
substituted:
"180. Notwithstanding anything else in this By-law, within any lands shown in Appendix "A" as affected by
this Subsection:
a)
office use shall be permitted up to 100 per cent of the gross floor area to a
maximum floor space ratio of 0.5;
b)
computer, electronic and data processing businesses; research and development
establishments; and scientific, technological or communications establishments
shall be permitted to a maximum floor space ratio of 0.5;
1.PD 94/80 - ZONE CHANGE APPLICATION 941011TCIJG - STAGE 7 OF THE CITY'S
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
COMPREHENSIVE ZONING BY-LAW (OUTER AREA RESIDENTIAL)
- MODIFICATIONS TO CITY OF KITCHENER MUNICIPAL PLAN
- AMENDMENTS TO CHAPTER 680 (SIGNS) OF THE MUNICIPAL CODE (CONT'D)
c) all other regulations for the zone in which the lot is located shall apply, and in the
case of a zone having regulations for office, those additional regulations shall
apply."
6.Section 38 of Proposed By-law: Subsections 183 and 190 are amended by deleting the phrase
"dwelling units" and substituting the phrase "those uses prohibited by Section 48.2".
7.Section 38 of Proposed By-law: Subsection 185 and 186 are amended by adding the phrase "except
that the minimum lot area and minimum lot width shall be the lot area and lot width existing on
and the minimum yard abutting a non-residential zone shall be 3.0
metres" after the phrase "in accordance with the regulations set out in Section 34.3"
Section 38 of Proposed By-law: Subsection 191 is deleted and the following subsection
substituted:
"191. Notwithstanding Sections 45.1 and 45.3.10 of this By-law, within the lands zoned CR-2 on
Schedules 43 and 44 of Appendix "A", restaurant shall also be permitted in
accordance with Sections 45.3.1 and 45.3.6 and personal services shall not be
required to be located within a multiple dwelling or mixed commercial-residential
building."
9.Section 38 of Proposed By-law: The following new subsections are added to Appendix "C":
"199. Notwithstanding Section 40.2.5, within the lands zoned R-6 on Schedules 20 and
21 of Appendix "A", described as Blocks 10 and 11, Registered Plan 1790, the
minimum sideyard for street townhouse dwellings shall be 1.82 metres."
"200. Notwithstanding Section 8.1, within the lands zoned C-2 on Schedules 128 and 129 of Appendix
"A", described as Part of Lot 59, German Company Tract and Lots 21 to 15
inclusive and Part of Lot 20, Registered Plan 577:
the following additional uses shall be permitted in accordance with the regulations
set out in Section 40.2:
Duplex Dwelling;
Dwelling Unit;
Home Business;
Lodging House;
Multiple Dwelling;
Private Home Day Care;
Residential Care Facility;
Semi-detached Dwelling;
Single Detached Dwelling;
Street Townhouse Dwelling;
ii) the following uses shall be prohibited:
Automobile Service Station;
Carwash;
1.PD 94/80 - ZONE CHANGE APPLICATION 941011TCIJG - STAGE 7 OF THE CITY'S
COMPREHENSIVE ZONING BY-LAW (OUTER AREA RESIDENTIAL)
- MODIFICATIONS TO CITY OF KITCHENER MUNICIPAL PLAN
- AMENDMENTS TO CHAPTER 680 (SIGNS) OF THE MUNICIPAL CODE (CONT'D)
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
iii)
the following special regulations shall apply for all uses other than those listed in (i)
above:
Minimum Lot Area
500 square metres
Minimum Lot Width
12 metres
Minimum Side Yard
1.2 metres
Maximum Gross Leasable
Commercial Space for Retail
No single retail outlet shall exceed
225.0 square metres"
10.Section 38 of Proposed By-law: Subsection 175 is amended by deleting the phrase "13.0 metres" and
substituting the phrase "12.0 metres".
11. Section 39 of Proposed By-law: The following new subsections are added to Appendix "D":
"205. Notwithstanding Section 37.2.1, within the lands zoned R-3 on Schedules 14 and 15 of Appendix
"A", described as Lots 25 to 62, Registered Plan 1689, the minimum lot widths shall
be as follows:
a)
b)
c)
d)
11.0 metres within Lots 31 to 39
12.2 metres within Lots 40 to 62
12.7 metres within Lots 25 to 30
12.5 metres for a corner lot, except in the case of a corner lot located at the
intersection of streets both having widths of more than 18.0 metres, in which case
the minimum corner lot width shall be 15.0 metres."
"206. Notwithstanding Section 6.1.1 b) iv), within the lands zoned R-4 on Schedule 21 of Appendix
"A", described as Lot 9, Registered Plan 1790 and Lot 26, Registered Plan 1791,
the driveway leading to a required off-street parking space shall not be located
closer than 11.05 metres for Lot 9, Registered Plan 1790 and 11.49 metres for Lot
26, Registered Plan 1791 ."
12. Section 42 of Proposed By-law is deleted and the following substituted:
"42 (a)
This By-law shall come into effect upon approval, by the Minister of Municipal
Affairs or his designate, of By-law 94-90, a by-law to adopt the City's Municipal
Plan, but upon such approval, the provisions hereof affecting the lands herein shall
be deemed to have come into force on the date of passing hereof.
(b)
Notwithstanding subsection (a) above, in the event that part of the Municipal Plan is
referred to the Ontario Municipal Board and such referral does not affect lands
within this By-law, and the remainder of the Municipal Plan is approved, this By-law
shall come into effect."
13. By-law 85-1 is further amended by:
a) adding a new heading following Section 5.6.3. as follows:
"5.6APERMITTED YARD PROJECTIONS FOR DWELLINGS IN RESIDENTIAL, INSTITUTIONAL AND
COMMERCIAL-RESIDENTIAL ZONES"
1.PD 94/80 - ZONE CHANGE APPLICATION 941011TCIJG - STAGE 7 OF THE CITY'S
COMPREHENSIVE ZONING BY-LAW (OUTER AREA RESIDENTIAL)
- MODIFICATIONS TO CITY OF KITCHENER MUNICIPAL PLAN
- AMENDMENTS TO CHAPTER 680 (SIGNS) OF THE MUNICIPAL CODE (CONT'D)
b) renumbering Sections 5.6.4, 5.6.5, 5.6.6 and 5.6.7 as 5.6A. 1, 5.6A.2, 5.6A.3 and
5.6A4.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
14. By-law 85-1 is further amended by adding Section 5.25 as follows:
"5.25 DUPLEXES AND SECOND DWELLING UNITS IN
SEMI-DETACHED HOUSES AND TOWNHOUSES
Notwithstanding anything else in this by-law a second
dwelling unit in a semi-detached house or
townhouse, or a duplex shall only be permitted on lots serviced by a Municipal
sewage system."
15.
"Location of Duplex
By-law 85-1 is further amended by adding to Sections 36.2.1 and 37.2.1 the following:
Only on lots serviced by a Municipal sewage
system"
16. By-law 85-1 is further amended by deleting Section 40.2.1
following to Section 40.2.6:
"Maximum Floor Space Ratio
in its entirety and adding the
17.
Maps 3, 15, 16, 21, 22, 31, 46, 71, 78, 79, 147, 164, 183, 185 and 203 are deleted and
substituted therefor by the revised Maps 3, 15, 16, 19, 21, 22, 31, 46, 71, 78, 79, 147, 164,
183, 185 and 203 appended to Report PD 94/92.
B.That Council request the Regional Municipality of Waterloo to modify the City's Municipal Plan as
follows:
i)That Part 2, Policy 7.2.3.4 be modified by deleting the last sentence and replacing it with the following:
"With the exception of consents to subdivide lots containing existing dwellings, no land severances will
be permitted on properties located entirely within the floodway. Severances may be
permitted on lots partially within the floodway provided development can be sited on such
lots outside of the floodway."
ii)That Map 2A be replaced with that attached as Schedule Al, dated August 17, 1994, showing an
additional Two-Zone area in Bridgeport West.
iii) That the last sentence of Part 2, Policy 7.2.4.5 be deleted and revised to read as follows:
"A permitted use within a Convenience Commercial or Neighbourhood Commercial Plaza or Community
Commercial district may change to any other permitted use within the same designation,
except residential, a gas bar or automobile service station, without a zone change."
iv)That Map 5 be revised as shown attached on Schedule A2.
v)That Schedule F be revised by adding the following new Subsection 6:
1.PD 94/80 - ZONE CHANGE APPLICATION 941011TCIJG - STAGE 7 OF THE CITY'S
COMPREHENSIVE ZONING BY-LAW (OUTER AREA RESIDENTIAL)
- MODIFICATIONS TO CITY OF KITCHENER MUNICIPAL PLAN
- AMENDMENTS TO CHAPTER 680 (SIGNS) OF THE MUNICIPAL CODE (CONT'D)
"6. Environmentally Sensitive Policy Areas
Holding provisions may be applied by the Municipality to ensure that such Open Space
uses as campgrounds, cemeteries, crematoria and mausoleums, active recreation
or flood protection works within or contiguous to an Environmentally Sensitive Policy
Area do not result in adverse impacts on the Environmentally Sensitive Policy Area.
2. To remove the holding symbol, an Environmental Impact Statement is required to be
submitted which identifies potential impacts on the affected Environmentally
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
Sensitive Policy Area and the recommended means of preventing, minimizing, or
mitigating such impacts in accordance with the provisions of the Regional Official
Policies Plan.
The holding symbol shall be removed upon written notification from the Regional Municipality of Waterloo
that the anticipated environmental effects arising out of such development are not
likely to result in serious adverse impacts on the significant features and functions of
the Environmentally Sensitive Policy Area."
vi)
That Part 3, Policy 3.1.2.2. be modified by deleting the second sentence and replacing it
with the following:
"A maximum Floor Space Ratio of 0.6 shall be applied to multiple dwellings and no residential building
shall exceed three stories in height at street elevation."
vii)
That Map 5 be revised as shown attached on Schedule A3 (Lancaster Street);
That Map 5 be revised as shown attached on Schedule A4 (Highland West).
C.That the City's Sign By-law be revised to prohibit all signs for home businesses and private home day
care in all residential zones.
D.That the Department of Planning and Development be directed to revise the consolidations of the
Community Plans to reflect the proposed zoning By-law."
The Chairman advised that these recommendations would be considered by City Council at its meeting to
be held on Monday, September 26, 1994.
2.ADJOURNMENT
On motion, the meeting adjourned at 11:59 p.m.
L.W. Neil, AMCT
Assistant City Clerk