HomeMy WebLinkAboutPlng & Econ Dev - 1994-10-17PED\1994-10-17
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
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The Planning and Economic Development Committee met this date commencing at 3:15 p.m. under the
Chairmanship of Councillor J. Ziegler, Vice-Chairman, with the following members present: Mayor D.V.
Cardillo and Councillors B. Stortz, M. Wagner, M. Yantzi, J. Smola, G. Leadston, C. Zehr, T. Galloway,
and G. Lorentz.
Officials present: Mr. T. McKay, Mr. T. McCabe, Mr. J. Witmer, Mr. T. O'Brien, Ms. J. Given, Mr. L.
Bensason, Mr. L. Masseo, Mr. Z. Janecki, Mr. G. Borovilos, Mr. D. Mansell, Mr. J. Wallace, and Mr. L.W.
Neil.
1.PD 94/99 - HIDDEN VALLEY RESIDENTIAL COMMUNITY
- REQUEST FOR DIRECTION RE - PROCESSING
- MUNICIPAL PLAN AMENDMENT APPLICATION 94/3
- REVISIONS TO SPECIAL POLICY 3
-VACE INVESTMENTS INC.
- FAIRVIEW WARD
The Committee considered Planning and Development Staff Report PD 94/99 dated October 4, 1994.
The report deals with an application submitted by Vace Investments Inc., for a Municipal Plan
Amendment to modify Special Policy 3 as it relates to the development of the Hidden Valley
Residential Community. At this time the Committee was requested to accept the application for
processing only.
The purpose of the application is to allow the development of six existing lots created by consent on
Hidden Valley Road by modifying Special Policy 3 to allow issuance of building permits with the six
lots considered as part of the 15 building permits now permitted by the City prior to provision of a
second means of access by the Wabanaki Drive extension.
Mr. Paul Dietrich appeared as a delegation on behalf of Vace Investments Inc., ~n support of the staff
recommendation.
No other delegations were registered respecting this matter.
On motion by Councillor C. Zehr,
it was resolved:
"That
Planning and Economic Development Committee recommend acceptance of Municipal Plan
Amendment Application 94/3, Revisions to Special Policy 3 - Hidden Valley Residential, for
processing with the clear understanding that processing in no way implies acceptance or
rejection of this application."
2.PD 94/89 - BIEHN DRIVE AND HURON ROAD
- APPROVAL OF PROPOSED STREET NAMES
- SUBDIVISION APPLICATION 30T-88007
- HALLMAN ABERDEEN
- SOUTH WARD
The Committee was in receipt of Planning and Development Staff Report PD 94/89 dated September 23,
1994 dealing with subdivision street name approval. It was noted in the report that MacNaughton
Hermsen Britton Clarkson Limited has submitted a list of street names contained in the report in
respect to Subdivision 30T-88007 of Hallman Aberdeen respecting lands situate in the area of
Biehn Drive, Huron Road, and Strasburg Road.
The Committee was advised that staff had nothing further to add to the report under consideration.
No delegations were registered respecting this matter.
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2.PD 94/89 - BIEHN DRIVE AND HURON ROAD
- APPROVAL OF PROPOSED STREET NAMES
- SUBDIVISION APPLICATION 30T-88007
- HALLMAN ABERDEEN
- SOUTH WARD (CONT'D)
On motion by Councillor B. Stortz,
it was resolved:
"That the street names be approved for subdivision 30%88007 (Hallman Aberdeen):
Street 2 -
Street 3 -
Street 4 -
Street 5 -
Templewood Drive
Marl Meadow Drive
Marl Meadow Crescent
Rush Meadow Street
Street 6 - Rush Meadow Crescent
Street 7 - Anson Court
Street 8 - Rush Meadow Court
Street 9 - Marl Meadow Court"
3.PD 94/91 - CONSERVATION AND PROTECTION OF HERITAGE RESOURCES
- RECOMMENDATIONS RE - PLAN OF SUBDIVISION PROCESS
The
Committee was in receipt of Planning and Development Staff Report PD 94/91 dated October 3,
1994 which deals with recommendations and background regarding a process to ensure that plans
of subdivision provide for the conservation and protection of heritage resources. The report deals
with the terms "Heritage Resource" and "Conservation" and points out that all land use activities
have the potential to impact heritage resources. Planning authority to deal with these matters is
documented in the report along with the property designation process as it would affect scheduling
and processing of plans of subdivision.
Mr. L. Bensason presented a brief overview of the report and pointed out that in the last few years some
of Kitchener's Heritage Resources that were identified by the Local Architectural Conservation
Advisory Committee have been negatively impacted by subdivision development. A recent example
of such impact was the necessity to demolish the home located at 314 Old Chicopee Drive. He
referred to the revised process which would see LACAC involvement within a work program tied to
the Staging of Development Report. Mr. Bensason indicated that there were eight
recommendations proposed to ensure the conservation and protection of heritage resources and
pointed out that the recommendations were for information purposes only at this time as they were
being referred and circulated for comment to appropriate committees and interest groups.
Following receipt of responses staff will bring the matter back to the Committee for further
consideration.
In response to Councillor M. Yantzi, Mr. Bensason pointed out that with the new process both the City
and land developers would know well ahead of time what was required in respect to heritage
conservation measures. Councillor M. Wagner commented that the process will result in fewer
confrontational situations and will also tie in to the prioritization of work outlined in the Strategic Plan
for the Local Architectural Conservation Advisory Committee.
No delegations were registered respecting this matter.
On motion by Councillor G. Lorentz,
it was resolved:
"That the following recommendations be received for information purposes and be referred to appropriate
working committees and interest groups for comment including the Local Architectural
Conservation Advisory Committee (L.A.C.A.C.), the C. I.P. Steering Committee
3.PD 94/91 - CONSERVATION AND PROTECTION OF HERITAGE RESOURCES
- RECOMMENDATIONS RE - PLAN OF SUBDIVISION PROCESS (CONT'D)
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responsible for reviewing the plan of subdivision process, and the K-W Home Builders Municipal Liaison
Committee:
1That L.A.C.A.C. use the two year time frame in each year's approved Staging of Development Report as
a guide to prioritize the designation of heritage resources which may be impacted
by future plans of subdivision.
2That where, in the opinion of L.A.C.A.C. and City Council, a heritage resource is worthy of designation
under the Ontario Heritage Act, and is located on lands for which a plan of
subdivision application is expected or has been submitted, Council proceed to
publish a notice of intention to pass a By-law designating the property.
3That the Regional
Municipality of Waterloo consider revising the plan of subdivision submission
requirements to include the identification of all heritage resources and the
submission of a Heritage Impact Assessment addressing the conservation of
heritage resources designated under the Ontario Heritage Act or for which a notice
of intention to pass a By-law designating the property has been published and not
withdrawn.
4That where a Heritage Impact Assessment is required, it be conducted by a qualified individual usually a
professional heritage consultant, and that the assessment provide the following
details; identification and evaluation of the significance of the heritage resource,
including the completion of detailed occupational and/or site biographies if
appropriate; documentation of the heritage resource including the completion of
photographs and measured drawings and mapping the context or setting of the
heritage resource; outline the context of the development proposal and identify any
potential impact the proposal may have on the heritage resource; provide
recommendations regarding appropriate mitigation strategies recognizing that
mitigation through avoidance is considered to be the preferred mitigation strategy;
and identify the lot(s) or block(s) created by the plan of subdivision on which the
heritage resource should be located.
5That Heritage Impact Assessments be approved by the Assistant General Manager of the Department of
Planning and Development in consultation with L.A.C.A.C. prior to draft plan
approval.
6That where, in the opinion of L.A.C.A.C. and City Council, a heritage resource is worthy of designation
under the Ontario Heritage Act, and is located on lands for which a plan of
subdivision application is expected or has been submitted, the Public Works
Department not authorize pre-grading on any such lands in advance of draft plan
approval.
7That where an approved Heritage Impact Assessment recommends the retention of a heritage resource
in full or in part, the following condition be included in the conditions for draft plan of
subdivision approval;
Prior to any demolition, grading, release of the plan for registration or other disturbance which may impact
any heritage resource designated under the Ontario Heritage Act or for which
an intent to designate has been published and not withdrawn, a letter shall be
obtained from the Assistant General Manager of the Department of Planning
and Development, indicating that the City is satisfied that the recommendations
of the approved Heritage Impact Assessment have been fully addressed.
3.PD 94/91 - CONSERVATION AND PROTECTION OF HERITAGE RESOURCES
- RECOMMENDATIONS RE - PLAN OF SUBDIVISION PROCESS (CONT'D)
8Following registration of the subdivision plan and prior to the issuance of any building permits, where an
approved Heritage Impact Assessment recommends the retention of the heritage
resource either in full or in part, and where an intent to designate the heritage
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resource has been published and not withdrawn, the City shall proceed to pass the
designating By-law and register the By-law against the specific lot(s) or block(s)
created by the plan of subdivision as recommended in the approved Heritage
Impact Assessment. Where the heritage resource was previously designated under
the Ontario Heritage Act and the designating By-law has been registered against
lands that do not conform to the lot(s) or block(s) on which the heritage resource
should be located, at the request of the property owner, Council may repeal the old
designating By-law and re-designate, pass and register a new designating By-law
against the specific lot(s) or block(s) created by the plan of subdivision, as
recommended in the approved Heritage Impact Assessment."
4. PD 94/107 - REVISION TO INTERIM CONTROL BY-LAW 93-192 - HURON COMMUNITY
The Committee was in receipt of Planning and Development Staff Report PD 94/107 dated October 13,
1994. The report proposes a revision to Interim Control By-law 93-192 by removing the prohibition
on "Stamping, Blanking or Punch-Pressing of Metal" and directs that staff impose conditions on
offers to purchase in areas of the Huron Business Community affected by the Interim Control By-law
to ensure the mitigation of excessive noise from business/industrial operations.
It was noted in the report that the by-law restricted certain industrial uses considered incompatible with
the adjacent Huron Natural Area until a study could be undertaken to consider which uses will be
allowed next to the natural area and legislate permanent new zoning measures for adjacent
business/industrial lands. The study has now been submitted in draft form and staff recommend
that stamping operations be allowed.
On motion by Councillor G. Leadston,
it was resolved:
1)
"That the Interim Control By-law 93-192, passed on September 27th, 1993 be revised by
removing the prohibition on "Stamping, Blanking or Punch-Pressing of Metal".
2)
That staff be directed to impose conditions on Offers to Purchase in areas of the Huron
Business Community affected by the Interim Control By-law to ensure the mitigation of
excessive noise from business/industrial operations. This will be achieved by:
- Use of reinforced concrete pads under machinery.
- Ensuring compliance with the Provincial Occupational Health and Safety legislation.
- Use of design features such as internal walls to reduce noise emanating from loading bay doors, etc.
- Obtaining a Certificate of Approval under the Environmental Protection Act."
5.PROPOSED FACADE IMPROVEMENTS - FORMER GOUDIES DEPARTMENT STORE
Councillor B. Stortz advised the Committee that a number of meetings have been held with the owners of
major buildings located in the downtown to discuss what actions can be taken to improve the visual
appearance of the downtown. He noted that in this regard positive things would be coming forth in
the near future. However a big concern at the moment is the state of the former Goudies
Department Store and he noted that Mr. T. McKay had requested Mr. T. O'Brien to develop a design
proposal for improvement to the building facade.
Mr. T. McKay advised that the former Goudies Store was tied up in court action and would likely continue
to be a problem for the next few years. The receiver has agreed to allow the City access to the
property to install fixtures necessary to improve the exterior appearance. Also, Mr. McKay advised
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that he would like to approach the Bank of Montreal to discuss their willingness to make a donation
toward this improvement given that the building has frontage on both King and Queen Streets that
affect the Bank property.
At this time, Mr. T. O'Brien displayed a conceptual drawing utilizing plywood sheathing and wood trim that
would clad the damaged and deteriorating surfaces of the ground level of the King Street frontage of
the former Goudies Store. He indicated that the proposal was similar to the kind of treatment
carried out to other downtown property facades in the past.
Councillor G. Leadston suggested that the receiver of the property be approached to make some
contribution to the improvement costs and Councillor B. Stortz replied that the receiver had no
latitude to act in this way.
Councillor Leadston then questioned the potential for a tax sale of the former Goudies Building. Mr. J.
Wallace, City Solicitor, advised that he had no problem with the receiver allowing the City access to
the building to undertake exterior improvements. However, he advised that the tax sale issue is a
very difficult problem given the complicated ownership structure of the previous owners that
entangles various properties and makes it extremely difficult to act with respect to any individual
property within the portfolio of the former owners. In summary Mr. Wallace stated that he did not
see the disposition of the property being resolved in the foreseeable future but indicated that he is
still reviewing the matter.
On motion by Councillor B. Stortz,
it was resolved:
"That the Kitchener Downtown Improvement Area Board of Management be provided with a grant not to
exceed $6,000.00 from the Facade Improvement Fund to rehabilitate the ground level King
Street frontage of the former Goudies building."
6.PD 94/50 - WAKE ROBIN CRESCENT
- ZONE CHANGE APPLICATION 94/8/W/CL
- FREURE DEVELOPMENTS LIMITED
- SOUTH WARD
The Committee was advised that the Department of Planning and Development was in receipt of a Zone
Change Application submitted by Freure Developments Limited in regard to certain lands located in
the Laurentian West neighbourhood on the west side of Ottawa Street. The proposed zoning
change is from Semi-Restricted Residential (R2C) with special regulations according to By-law
4830 to Residential Four Zone (R-4) according to By-law 85-1. In this regard the Committee
considered Staff Report PD 94/50 dated August 31, 1994 and the proposed by-law dated
September 26, 1994 attached to the report. It was noted in the report that the applicant intends to
rezone a portion of the draft approved plan of subdivision to facilitate a new lotting pattern intended
to accommodate a mixture of smaller lot sizes for single detached dwellings. The subject lands are
located on the extension of Wake Robin Crescent, Windflower Drive and proposed Windflower
Place.
6.PD 94/50 - WAKE ROBIN CRESCENT
- ZONE CHANGE APPLICATION 94/8/W/CL
- FREURE DEVELOPMENTS LIMITED
- SOUTH WARD (CONT'D)
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 report and noted that staff had nothing further to add to
it.
Ms. Astrid Clos, William Green & Associates, attended on behalf of Freure Developments to support the
recommendations in the staff report.
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No other delegations were registered respecting this matter.
On motion by Councillor C. Zehr,
it was resolved:
"That Zone Change Application 94/8AN/CL (Freure Developments Ltd.) requesting a change in zoning
from Semi-Restricted Residential (R2C) with special regulations according to By-law 4830 to
Residential Four Zone (R-4) on (Part of Lot 46, German Company Tract; Lots 1 to 73
inclusive, Stage 2, Draft Plan of Subdivision 30T-90019), be approved in the form shown in
the proposed By-law attached, dated September 26, 1994 subject to the following conditions
being satisfied prior to any readings of the By-law by Council.
1.To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk, that
all Regional requirements have been satisfied with respect to the proposed development.
2.The Owner acknowledges that Condition 1 is required to be satisfied no later than seven (7) months
from Council having approved the amending zoning by-law relative to the Zone Change
Application 94/8AN/CL by resolution. In the event this requirement is not fulfilled within
the seven month period, Council shall consider rescinding its zone change approval.
It is the opinion of this Committee that the approval of this application is proper planning for the City and
is in conformity with the City's Municipal Plan."
The Chairman advised that this recommendation would be considered by City Council at its meeting to be
held on Monday, October 24, 1994.
7.PD 94/103 - 1701 GLASGOW STREET
- ZONE CHANGE APPLICATION 931221GILM
-AUTOCRAFT FOREIGN CARS INC.
- WEST WARD
At the meeting held September 19, 1994, the Planning and Economic Development Committee
considered Staff Report PD 94/60 dealing with an application from Autocraft Foreign Cars Inc., to
change the zoning of the property known municipally as 1701 Glasgow Street. At that meeting it
was agreed to defer and refer the matter to the meeting this date.
The Committee now considered Staff Report 94/103 dated October 12, 1994 which was prepared as a
revision to Staff Report PD 94/60 previously considered.
It was pointed out that notice that the Committee would hold a public meeting this date to consider this
matter was previously given at the September 19th meeting.
7.PD 94/103 - 1701 GLASGOW STREET
- ZONE CHANGE APPLICATION 931221GILM
-AUTOCRAFT FOREIGN CARS INC.
- WEST WARD (CONT'D)
Mr. T. McCabe advised the Committee that as directed staff had taken photographs of the subject
property to provide comparison of the property condition as at September 21 st and as of today's
date.
Mr. L. Masseo advised that the photographs attempt to provide a representation of the site as of each
date from similar angles. They show the work that has been undertaken to date including fill
deposited for the berm, a number of parked vehicles have been removed and installation of the
water closet has been completed to the satisfaction of the Chief Building Official but still requires the
approval of the Medical Officer of Health. In addition the Chief Building Official has had discussions
with Mr. Magid's engineer and is satisfied with the progress taking place. Also, Mr. Magid is working
closely with Fire Department Officials to resolve their concerns.
Mr. T. McCabe advised that the department recommends Heavy Industrial Zone (M-4) but if the
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committee wishes could approve General Industrial Zone (M-2) with the addition of salvage yard
use.
Mr. H. Magid appeared as a delegation and advised that four site development improvements have been
accomplished with the exception of the fence. He noted that recommendations were prioritized and
are being acted on and that he has removed large amounts of waste. Mr. Magid indicated that he
was not comfortable moving forward with the completion of the fence given its cost and uncertainty
of approval of the zone change and requested that based on his compliance to date the zone
change application be approved.
Councillor B. Stortz advised that Councillor C. Weylie who is in hospital had asked him to make her views
known with respect to this application. Firstly she requests that the Committee only consider M-2
zoning with a special policy and special regulations to permit the salvage operation and secondly
that the Committee stand firm on the requirement for a 2.44 m high solid wood fence.
In response to Councillor C. Zehr it was indicated that ample access has been made in areas of the barn
to address Fire Department concerns.
Mr. Terry Sosnoski, 1767 Glasgow Street, appeared as a delegation representing Glasgow Street
residents and advised that if the Committee was to approve a change that it not approve the M-4
zoning but residents would accept M-2 provided the wooden fence was installed. He suggested
that $13,000.00 for the wooden fence was a small price to pay since very little improvement cost
had been expended during the last eight years. He commented on the high level of property tax he
pays not withstanding that his property was located adjacent to the Hydro transformer station and
noted that a salvage operation would definitely impact on his property.
In response to Councillor G. Lorentz, Mr. McCabe advised that if there was no compliance from Mr. Magid
the City would enforce the M-2 zoning regulations. Given any concerns expressed regarding the
wooden fence, Mr. T. McCabe suggested a special regulation provision be included in the approval
to require a 2.44 m high solid wood fence as part of the zoning by-law for the salvage use.
No other delegations were registered respecting this matter.
On motion by Councillor B. Stortz,
it was resolved:
1)"That subject to #6 below, Kitchener City Council request the Regional Municipality of Waterloo to
modify the Kitchener Municipal Plan by:
7.PD 94/103 - 1701 GLASGOW STREET
- ZONE CHANGE APPLICATION 931221GILM
-AUTOCRAFT FOREIGN CARS INC.
- WEST WARD (CONT'D)
a)Adding the following new Special Policy 22 - 1701 Glasgow Street to Part 3, Section 12, as follows:
Notwithstanding the General Industrial designation on the lands known as 1701 Glasgow Street,
legally described as Part of Lot 39, German Company Tract, a salvage, recycling or
scrap yard shall be permitted provided adequate fencing and screening is provided
in conjunction with such use."
b)Revising Map 8, "Special Policy Areas" to reflect application of Special Policy 22 to the property at 1701
Glasgow Street.
2)That Zone Change Application 93/22/G/LM (Autocraft Foreign Cars Inc.) requesting a change in zoning
from General Industrial Zone (M-2) to General Industrial Zone (M-2) with a special use
provision to permit a salvage, recycling or scrap yard subject to the construction of a 2.44
m high solid wood fence in conjunction with such use on the lands at 1701 Glasgow
Street, further described as Part of Lot 39, German Company Tract, be approved in the
form shown in the proposed by-law dated August 12, 1994, as revised dated October 17,
1994 and the following site improvements be completed to the satisfaction of the General
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Manager of Planning and Development prior to any readings of the By-law by City
Council:
Construction of a solid wood fence 2.44 metres in height along the Glasgow Street frontage
and both flankages of the property.
Construction of a suitable point of access with adequate visibility at the north end of the
subject lands.
3. Provision and designation of a total of four parking spaces for staff and customers.
Installation of water closet complete with running water and a gravity system and a holding
tank acceptable to the Regional Medical Officer of Health.
Satisfactory completion of all required works identified in the Fire Department Work Order
dated August 11, 1994 and the Chief Building Official's Order to Remedy an Unsafe
Condition dated August 12, 1994 within the time limits identified in those particular
Orders.
The Owner acknowledges that Conditions 1, 2, 3 and 4 above are required to be satisfied no
later than January 1, 1995. In the event this requirement is not fulfilled by January
1, 1995, Council shall rescind its zone change approval and its recommendation to
Regional Council regarding the modification of the Municipal Plan.
Further, that the completion of site improvements be done at the sole risk and liability of Mr. Magid in the
event the Ontario Municipal Board refuses to approve the implementing Zoning By-law, the
Municipal Plan is referred, or the Regional Municipality of Waterloo does not approve the
Kitchener Municipal Plan.
It is the opinion of this Committee that the approval of this application is proper planning for the City and
is in conformity with the City's Municipal Plan."
7.PD 94/103 - 1701 GLASGOW STREET
- ZONE CHANGE APPLICATION 931221GILM
-AUTOCRAFT FOREIGN CARS INC.
- WEST WARD (CONT'D)
Mr. Howard Magid advised that he had met with Mr. Sosnoski to discuss the concerns of residents and
that the only outstanding issue was the cost of completing the fencing. He advised that he wished
to propose sinking the posts only for the fence at this time and enter into a letter of credit or bonding
arrangement to complete the work next year. He noted that the fencing cost was approximately
$11,000.00 for materials only whereas to construct just the posts at this time would cost $1,500.00.
Mr. T. McCabe advised that Mr. Magid's request changes the focus of consideration and there may be a
question of legal authority to ask for a bond. Mr. J. Wallace advised that a bond arrangement was
out of the question and a letter of credit arrangement also had a questionable legal basis.
Councillor B. Stortz advised the Committee that he did not think Councillor C. Weylie would agree to this
request for temporary relief and that she would insist that the improvements be completed as
approved in the resolution. Councillor C. Zehr stated that the arrangement being requested by Mr.
Magid represented only an approximate $500.00 additional cost of the fencing work and suggested
that further complication be avoided and that Mr. Magid get on with the work and save this
additional cost.
The Chairman advised that the recommendation would be considered by City Council at its meeting to be
held on Monday, October 21, 1994.
8.ADJOURNMENT
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On motion, the meeting adjourned at 4:05 p.m.
L.W. Neil, AMCT
Assistant City Clerk