HomeMy WebLinkAboutPlng & Econ Dev - 1995-02-13PED\1995-02-13
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
FEBRUARY 13, 1995
CITY OF KITCHENER
The Planning and Economic Development Committee met this date commencing at 3:38 p.m. under
Councillor C. Weylie, Chair, with the following members present: Councillors John Smola, G. Lorentz, K.
Redman, B. Vrbanovic, T. Galloway, M. Yantzi, J. Ziegler, M. Wagner and Jake Smola. Mayor R. Christy
entered the meeting after its commencement.
Officials present: Mr. T. McKay, Mr. T. McCabe, Mr. B. Stanley, Mr. R. Mattice, Mr. D. Mansell, Ms. C.
Ladd, Mr. D. Snow, Mr. L. Masseo, Mr. J. Witmer, Ms. V. Gibaut, Mr. P. Wetherup, Ms. J. Given and Mr.
L.W. Neil.
PD 94/125 - HIDDEN VALLEY ROAD
- MUNICIPAL PLAN AMENDMENT APPLICATION 94/3
- REVISIONS TO HIDDEN VALLEY RESIDENTIAL COMMUNITY PLAN AND
AGREEMENTS BETWEEN THE CITY AND VACE INVESTMENTS INC.
- FAIRVIEW WARD
The Committee was in receipt of Planning & Development Staff Report PD 94/125 dated January
13, 1995 dealing with three issues, being: an application to amend the Municipal Plan, revisions to
the Hidden Valley Residential Community Plan and revisions to agreements between the City and
Vace Investments Inc.
It was noted in the report that the purpose of the proposed Municipal Plan amendment and
proposed revision to the Hidden Valley Residential Community Plan is to allow the issuance of
building permits for the six existing lots created by consent on the north side of the south leg of
Hidden Valley Road. Accordingly, the proposed Municipal Plan Amendment is to delete Special
Policy 3. iii) so as to allow the issuance of building permits for the six existing lots created by
consent on the north side of the south leg of Hidden Valley Road, the lands of which are legally
described as Part 3 and Part 10 of Reference Plan 58R-6362. Details with respect to the
Municipal Plan Policy, the Hidden Valley Community Plan, the Committee of Adjustment consent
approvals and subdivision agreements and revisions were discussed in the report. The applicants
are requesting City Council to permit the six lots created by severance to be considered as part of
the 15 building permits now permitted prior to the construction of the Wabanaki Drive Extension.
However, the Municipal Plan and Community Plan must be modified to allow this.
It was pointed out that notice that the Committee would hold a public meeting this date to consider
this matter had previously been given.
Mr. T. McCabe advised that he had nothing further to add to the report under consideration. He
stated that intent was to provide a clarification respecting the 15 building permits permitted and
noted that there would be no more than 15 lots affected and that the 6 lots created by consent
were considered within the 15 lot total. In summary he stated that it was a technical amendment.
Mr. Paul Dietrich appeared as a delegation on behalf of Vace Investments Inc., and advised that
he was in support of the recommendations in the staff report. He did refer to his letter dated
February 2, 1995 distributed with the agenda wherein he made the Committee aware that an
alternative route is being examined for a second means of access mentioned in Clauses 34 & 65
of the Agreement between Vace Investments Inc., and the City. If this second means of access is
approved, then further wording changes to the agreement would be requested at the appropriate
time. In this regard, Vace Investments Inc., is studying the feasibility of providing a second means
of access to Fairway Road across Motz Park instead of implementing the Wabanaki access from
Wilson Avenue to Hidden Valley Road.
No other delegations responded to an invitation from the Chair to address the Committee on this
matter.
In response to Councillor Jake Smola, Mr. T. McCabe advised that secondary access has been a
major issue respecting this development and he briefly touched on the history in this regard.
PD 94/125 - HIDDEN VALLEY ROAD
-MUNICIPAL PLAN AMENDMENT APPLICATION 94/3
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
I=I=RI~I I/~I~V 1"~ tQQ;
-REVISIONS TO HIDDEN VALLEY RESIDENTIAL COMMUNITY PLAN AND
AGREEMENTS BETWEEN THE CITY AND VACE INVESTMENTS INC.]
-FAIRVlEW WARD (CONT'D)
On motion by Councillor J. Ziegler,
it was resolved:
"That City Council approve Municipal Plan Amendment Application 94~3 (Hidden Valley
Residential- Vace Investments Inc.)as outlined:
SECTION 4 - THE AMENDMENT
The Municipal Plan for the City of Kitchener is hereby Amended as follows:
1) Part 3, Section 12, "Special Policies" is amended by deleting Policy 12.3. iii).
SECTION 5 - IMPLEMENTATION AND INTERPRETATION
The provisions of the Municipal Plan of the City of Kitchener regarding the implementation
and interpretation of that Plan shall apply to this Amendment.
It is the opinion of this Committee that the approval of this Amendment is proper planning
for the City.
2)
That City Council revise PD 153/88, being the Hidden Valley Residential Community Plan,
by deleting Policy 3.3.5.
It is the opinion of this Committee that the approval of this revision is proper planning for the
City.
3)
That City Council delete Clause 34 of Instrument Number 1052245, being an agreement
between Vace Investments Inc. and the City of Kitchener, and replace it with the following:
"34
The Subdivider agrees that a total of 15 building permits may be issued for the
proposed development and Registered Plans 1740 and 1741 prior to the
construction of the Wabanaki Drive Extension, and further that no additional building
permits will be issued for this proposed development or for any lots or blocks
contained within Registered Plans 1740 and 1741 until such time as Wabanaki
Drive is constructed between Wilson Avenue and Hidden Valley Road in its final
permanent alignment and to the satisfaction of the City's Commissioner of Public
Works. In this regard, the Subdivider shall be responsible for the installation of a
two (2) lane road being the Wabanaki Drive Extension from Wilson Avenue to the
new local access road for the Hidden Valley area to binder asphalt constructed to
City of Kitchener standards as approved by the City's Commissioner of Public
Works including gravel shoulders and adequate storm ditches."
4)
That City Council delete Clause 65 of Instrument Number 1102309, as amended by
Instrument Number 1195933, being a Subdivision Agrement between Vace Investments Inc
and the City of Kitchener regarding Registered Plans 1740 and 1741, and replace it with
the following:
"65 The Subdivider agrees that a total of 15 building permits for a maximum of 15
dwellings may be issued for the subject lands and the 6 residential lots created by
consent on the north side of Hidden Valley Road prior to the construction of the
Wabanaki Drive Extension, and further than no additional building permits will be
PD 94/125 - HIDDEN VALLEY ROAD
- MUNICIPAL PLAN AMENDMENT APPLICATION 94/3
- REVISIONS TO HIDDEN VALLEY RESIDENTIAL COMMUNITY PLAN AND
AGREEMENTS BETWEEN THE CITY AND VACE INVESTMENTS INC.
- FAIRVlEW WARD (CONT'D)
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
I=I=RI~I I/~I~V 1"~ tQQ;
issued for any lots or blocks contained within Registered Plans 1740 and 1741 or
the lots created by consent until such time as Wabanaki Drive is constructed
between Wilson Avenue and Hidden Valley Road in its final permanent alignment
and to the satisfaction of the City's Commissioner of Public Works. In this regard,
the Subdivider shall be responsible for the installation of a two (2) lane road being
the Wabanaki Drive Extension from Wilson Avenue to the new local access road for
the Hidden Valley area to binder asphalt constructed to City of Kitchener standards
as approved by the City's Commissioner of Public Works including gravel shoulders
and adequate storm ditches."
The Chair advised that this recommendation would be considered by City Council at its meeting to
be held on Monday, February 20, 1995.
PD 95/6 - 41-71 NOTTINGHAM AVENUE
- CONDOMINIUM CONVERSION APPLICATION CD/94/004
- HERBERT NEUMANN
- STANLEY PARK WARD
The Committee was in receipt of Planning & Development Staff Report PD 95/6 dated January 16,
1994. The report deals with Condominium Conversion Application CD/94/004 submitted under the
Rental Housing Protection Act by Mr. Herbert Neumann with respect to lands known municipally
as 41-71 Nottingham Avenue. It was noted in the report that the subject property is a rental
townhouse complex of 16 two storey townhouse units consisting of 12 two bedroom units and 4
three bedroom units which were built in 1962. The applicant is requesting approval under the
Rental Housing Protection Act as a precondition for the conversion of the property to condominium
tenure.
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. R. Mattice advised that staff had nothing further to add to the report under consideration.
Both Councillors M. Yantzi and T. Galloway commented that the last time a similar application for
property on Cedar Street South was considered, it was their recollection that the Committee had
instructed staff meet with tenants to resolve any misunderstandings before the application reached
the official public meeting stage. Staff responded that it was their recollection that such an
information meeting only be held when it was apparent from the tenant telephone inquiries that
there was misunderstanding or opposition to the conditions. Mr. B. Stanley confirmed that in this
instance the tenants have expressed a desire to purchase their units.
Mr. Jeff Buisman of Van Hartin Survey, Guelph, appeared as a delegation along with the applicant
to express support for the staff report and answer any questions of the Committee.
No other delegations responded to an invitation from the Chair to address the Committee on this
matter.
PD 95/6 - 41-71 NOTTINGHAM AVENUE
- CONDOMINIUM CONVERSION APPLICATION CD/94/004
- HERBERT NEUMANN
- STANLEY PARK WARD (CONT'D)
On motion by Councillor J. Ziegler,
it was resolved:
"That Council approve Condominium Conversion application CD/94/004 (Herbert
Neumann) subject to the Owner entering into an Agreement under Section 12(1) of the
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
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Rental Housing Protection Act, which shall be executed and registered against the title to
the lands at 41-71 Nottingham Avenue as part of any subsequent condominium agreement.
The Agreement shall contain the following conditions:
a)
The Owner agrees to supply the City's Policy, Research and Housing Division with a
list of the names and addresses of all the tenants who occupy the residential units
which now exist upon the subject lands, hereinafter called the "Existing Units", as of
the date Council's approval of this Agreement under the Rental Housing Protection
Act. Further, the Owner shall supply the City's Policy, Research and Housing
Division with the names and addresses of any new tenant who commences to
occupy an Existing Unit between the date of Council's approval of the Agreement
and the date of registration of the final plan of condominium. All tenants referred to
above are hereinafter called "the Tenants".
b)
The Owner agrees to give notice to the Tenants of their rights under the terms of the
Agreement, within 30 days following the date of registration of the final plan of
condominium, by providing them with a copy of this agreement and by filing proof of
notification with the City's Policy, Research and Housing Division, either by a sworn
affidavit of service or by a copy of this agreement signed by the Tenant as
acknowledgement of receipt.
c)
This Agreement shall confer no rights whatsoever upon any new tenant who enters
into a lease agreement with the Owner and occupies an Existing Unit after the date
of registration of the final plan of condominium (hereinafter called a "Post-
Registration Tenant"). The Owner shall give notice of this agreement to all Post-
Registration Tenants, at the time they enter into their leases, and provide proof of
notification to the Housing Division, either by a sworn affidavit of service or by a
copy of this agreement signed by such tenants as acknowledgement of receipt,
following which such tenants shall be deemed to have notice that they do not have
any rights under this agreement.
d)
The Owner agrees that, in the event a Tenant wishes to continue to rent and occupy
his or her Existing Unit, or to rent it until such time as he or she might exercise his or
her right to purchase, the following conditions apply:
The Tenant shall be entitled to continue to rent the unit which he or she is
currently renting and occupying for a period of up to five years following the
date of registration of the final plan of condominium (herein after called the
"Five Year Rental Period").
Throughout the Five Year Rental Period, the applicable rent for a given unit
shall not exceed the lawful maximum rent which could be charged for that
rental unit under the Residential Rent Regulation Act, R.S.S. 1990, c. R.29,
as amended (hereinafter called the "RRR Act") and any increases to that rent
throughout the Five Year Rental Period shall be subject to the RRR Act.
PD 95/6 - 41-71 NOTTINGHAM AVENUE
- CONDOMINIUM CONVERSION APPLICATION CD/94/004
- HERBERT NEUMANN
- STANLEY PARK WARD (CONT'D)
At the Tenant's discretion, the Owner and Tenant shall enter into a lease,
leases, renewal or renewals for all or part of the Five Year Rental Period for
such term or terms as is agreed to from time to time by the Tenant and the
Owners, provided that the total term thereof does not exceed the Five Year
Rental Period.
The Owner agrees to supply the City's Policy, Research and Housing
Division with an executed copy of the lease, and any subsequent renewals
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
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thereof during this five year period.
e)
The Owner shall provide the Tenant or Tenants occupying an Existing Unit with the
right of first refusal to purchase it during the Five Year Rental Period. To establish
that a Tenant has foregone or waived his or her right of first refusal to purchase, the
Owners shall provide the Policy, Research and Housing Division with a written
waiver of such right executed by the Tenant, witnessed and dated subsequent tot he
date of registration of the final plan of condominium. If, at any time during the Five
Year Rental Period, the Owner receives a bona fide, arms length offer to purchase
an Existing Unit which the Owner is willing to accept and if the Tenant or Tenants of
such unit have not waived their rights of first refusal to purchase, the Owners shall
notify the Tenant or Tenants of such unit by providing them with a true copy of the
offer to purchase and the Tenant or Tenants shall have the right, during the thirty
days immediately following the receipt thereof, to purchase the unit by delivering to
the Owner a signed offer to purchase for the price and upon the terms and
conditions contained in the original offer, which the Owner shall accept immediately.
The Owner shall provide proof of notification to the City's Policy, Research and
Housing Division, either by a sworn affidavit or service or by a copy of the original
offer to purchase signed by the Tenant as acknowledgement of receipt. If the
Tenant or Tenants do not deliver an offer to purchase to the Owner within thirty
days, the Tenant or Tenants shall be deemed not to have exercised the right of first
refusal and the Owner may accept the original offer to purchase. If for any reason
the Tenant or Tenants do not exercise the right of first refusal and the Owner do not
complete the offer to purchase which had been received, the right of first refusal of
the Tenant or Tenants shall continue in effect.
f)
It is hereby agreed that the Tenant shall lose his or her rights under this Agreement,
if: the Tenant vacates the Existing Unit with or without due notice to the Owner; the
Tenant sublets the Exiting Unit; or the Owner obtains a writ of possession to the
Existing Unit, all rights of appeal in respect thereof have expired and the Owner files
a copy thereof with the Policy, Research and Housing Division. The Tenants shall
not transfer or assign their rights under this Agreement.
g)
The Owners agree to engage the services of a consultant with qualifications
acceptable to the City's Chief Building Official, to conduct a building audit to
establish the physical condition of the structure, prior to draft approval of any plan of
condominium on the lands, and to file the results of the building audit with the City of
Kitchener Planning and Development Department. The Owner shall correct, to the
satisfaction of the Chief Building Official, any health and safety deficiencies
uncovered by the audit which relate to the Building Code or the City's Property
Standard By-law and, upon correction, the City's Chief Building Official will notify the
Owner in writing that the deficiencies have been corrected to his satisfaction.
h)
Prior to the sale of any of the Existing Units, the Owner shall notify potential
purchasers that the results of the building audit are available for their consideration.
PD 95~6 - 41-71 NOTTINGHAM AVENUE
- CONDOMINIUM CONVERSION APPLICATION CD/94/004
- HERBERT NEUMANN
- STANLEY PARK WARD (CONT'D)
i)
If a term of this Agreement is inconsistent with the rights conferred upon the Owners
or a Tenant under the Rental Housing Protection Act, the Residential Rent
Regulation Act or the Landlord and Tenant Act, R.S.O. 1990. c. L.7, as amended,
the provisions of the aforesaid statues are deemed to apply.
It is the opinion of this Committee that the approval of this application is proper planning for
the City."
The Chair advised that this recommendation would be considered by City Council at its meeting to
be held on Monday, February 20, 1995.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
PD 95~7 - 15 SCENIC DRIVE
- CONDOMINIUM CONVERSION APPLICATION CD/94/003
- LOU MAKRIGAINI
- CHICOPEE WARD
The Committee was in receipt of Planning & Development Staff Report PD 95/7 dated January 16,
1995 dealing with Condominium Conversion Application CD/94/003 under the Rental Housing
Protection Act submitted by Mr. Lou Makrigaini with respect to lands known municipally as 15
Scenic Drive. It was noted in the report that the subject property is a rental townhouse complex of
11 two storey, three bedroom townhouse units constructed in 1972. The applicant requests
approval under the Residential Housing Protection Act as a precondition for the conversion of the
property to condominium tenure.
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. R. Mattice advised that staff had nothing further to add to the report under consideration. He
did note that staff have been informed that nine of the eleven tenants are interested in purchasing
their units.
No other delegations responded an invitation from the Chair to address the Committee on this
matter.
On motion by Councillor M. Wagner,
it was resolved:
"That Council approve Condominium Conversion application CD/94/003 (Lou Makrigaini)
subject to the Owner entering into an Agreement under Section 12(1) of the Rental Housing
Protection Act, which shall be executed and registered against the title to the lands at 15
Scenic Drive as part of any subsequent condominium agreement. The Agreement shall
contain the following conditions:
a)
The Owner agrees to supply the City's Policy, Research and Housing Division with a
list of the names and addresses of all the tenants who occupy the residential units
which now exist upon the subject lands, hereinafter called the "Existing Units", as of
the date Council's approval of this Agreement under the Rental Housing Protection
Act. Further, the Owner shall supply the City's Policy, Research and Housing
Division with the names and addresses of any new tenant who commences to
occupy an Existing Unit between the date of Council's approval of the Agreement
and the date of registration of the final plan of condominium. All
PD 95~7 - 15 SCENIC DRIVE
- CONDOMINIUM CONVERSION APPLICATION CD/94/003
- LOU MAKRIGAINI
- CHICOPEE WARD (CONT'D)
b)
c)
tenants referred to above are hereinafter called "the Tenants".
The Owner agrees to give notice to the Tenants of their rights under the terms of the
Agreement, within 30 days following the date of registration of the final plan of
condominium, by providing them with a copy of this agreement and by filing proof of
notification with the City's Policy, Research and Housing Division, either by a sworn
affidavit of service or by a copy of this agreement signed by the Tenant as
acknowledgement of receipt.
This Agreement shall confer no rights whatsoever upon any new tenant who enters
into a lease agreement with the Owner and occupies an Existing Unit after the date
of registration of the final plan of condominium (hereinafter called a "Post-
Registration Tenant"). The Owner shall give notice of this agreement to all Post-
Registration Tenants, at the time they enter into their leases, and provide proof of
notification to the Housing Division, either by a sworn affidavit of service or by a
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
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copy of this agreement signed by such tenants as acknowledgement of receipt,
following which such tenants shall be deemed to have notice that they do not have
any rights under this agreement.
d)
The Owner agrees that, in the event a Tenant wishes to continue to rent and occupy
his or her Existing Unit, or to rent it until such time as he or she might exercise his or
her right to purchase, the following conditions apply:
The Tenant shall be entitled to continue to rent the unit which he or she is
currently renting and occupying for a period of up to five years following the
date of registration of the final plan of condominium (herein after called the
"Five Year Rental Period").
Throughout the Five Year Rental Period, the applicable rent for a given unit
shall not exceed the lawful maximum rent which could be charged for that
rental unit under the Residential Rent Regulation Act, R.S.S. 1990, c. R.29,
as amended (hereinafter called the "RRR Act") and any increases to that rent
throughout the Five Year Rental Period shall be subject to the RRR Act.
At the Tenant's discretion, the Owner and Tenant shall enter into a lease,
leases, renewal or renewals for all or part of the Five Year Rental Period for
such term or terms as is agreed to from time to time by the Tenant and the
Owners, provided that the total term thereof does not exceed the Five Year
Rental Period.
The Owner agrees to supply the City's Policy, Research and Housing
Division with an executed copy of the lease, and any subsequent renewals
thereof during this five year period.
e) The Owner shall provide the Tenant or Tenants occupying an Existing Unit with the
right of first refusal to purchase it during the Five Year Rental Period. To establish
that a Tenant has foregone or waived his or her right of first refusal to purchase, the
Owners shall provide the Policy, Research and Housing Division with a written
waiver of such right executed by the Tenant, witnessed and dated subsequent tot he
date of registration of the final plan of condominium. If, at any time during the Five
Year Rental Period, the Owner receives a bona fide, arms length offer to purchase
an Existing Unit which the Owner is willing to accept and if the Tenant or Tenants of
such unit have not waived their rights of first refusal to purchase, the
PD 95~7 - 15 SCENIC DRIVE
- CONDOMINIUM CONVERSION APPLICATION CD/94/003
- LOU MAKRIGAINI
- CHICOPEE WARD (CONT'D)
Owners shall notify the Tenant or Tenants of such unit by providing them with a true
copy of the offer to purchase and the Tenant or Tenants shall have the right, during
the thirty days immediately following the receipt thereof, to purchase the unit by
delivering to the Owner a signed offer to purchase for the price and upon the terms
and conditions contained in the original offer, which the Owner shall accept
immediately. The Owner shall provide proof of notification to the City's Policy,
Research and Housing Division, either by a sworn affidavit or service or by a copy of
the original offer to purchase signed by the Tenant as acknowledgement of receipt.
If the Tenant or Tenants do not deliver an offer to purchase to the Owner within thirty
days, the Tenant or Tenants shall be deemed not to have exercised the right of first
refusal and the Owner may accept the original offer to purchase. If for any reason
the Tenant or Tenants do not exercise the right of first refusal and the Owner do not
complete the offer to purchase which had been received, the right of first refusal of
the Tenant or Tenants shall continue in effect.
f)
It is hereby agreed that the Tenant shall lose his or her rights under this Agreement
if: the Tenant vacates the Existing Unit with or without due notice to the Owner; the
Tenant sublets the Existing Unit; or the Owner obtains a writ of possession to the
Existing Unit, all rights of appeal in respect thereof have expired and the Owner files
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a copy thereof with the Policy, Research and Housing Division.
g)
The Owners agree to engage the services of a consultant with qualifications
acceptable to the City's Chief Building Official, to conduct a building audit to
establish the physical condition of the structure, prior to draft approval of any plan of
condominium on the lands, and to file the results of the building audit with the City of
Kitchener Planning and Development Department. The Owner shall correct, to the
satisfaction of the Chief Building Official, any health and safety deficiencies
uncovered by the audit which relate to the Building Code or the City's Property
Standard By-law and, upon correction, the City's Chief Building Official will notify the
Owner in writing that the deficiencies have been corrected to his satisfaction.
h)
Prior to the sale of any of the Existing Units, the Owner shall notify potential
purchasers that the results of the building audit are available for their consideration.
i)
If a term of this Agreement is inconsistent with the rights conferred upon the Owners
or a Tenant under the Rental Housing Protection Act, the Residential Rent
Regulation Act or the Landlord and Tenant Act, R.S.O. 1990. c. L.7, as amended,
the provisions of the aforesaid statues are deemed to apply.
It is the opinion of this Committee that the approval of this application is proper planning for
the City."
The Chair advised that this recommendation would be considered by City Council at its meeting to
be held on Monday, February 20, 1995.
PD 94/110 - 59 BEDFORD ROAD
- DEMOLITION APPLICATION DE/94/001 UNDER THE RENTAL HOUSING
PROTECTION ACT
PD 94/109 - DEMOLITION CONTROL APPLICATION DC 94/06/RM
-ZETTEL MANUFACTURING LTD.
- ROCKWAY-ST. MARY'S WARD
The Committee was in receipt of Planning & Development Staff Report PD 94/110 dated January
16, 1994 dealing with Demolition Application DE/94/001 under the Rental Housing Protection Act
submitted by Zettel Manufacturing Ltd., with respect to lands known municipally as 59 Bedford
Road. It was noted in the report that the subject property is a two storey rental apartment building
built in 1960 containing nine units consisting of eight two bedroom units and one three bedroom
unit and a parking garage for four cars. The applicant is seeking approval under the Rental
Housing Protection Act for the demolition of the apartment building to provide needed parking
spaces for employees of Zettel Manufacturing Ltd.
In concert with Staff Report PD 94/110, the Committee was also in receipt of Planning &
Development Staff Report PD 94/109 dealing with Demolition Control Application DC 94/06/RM
also submitted by Zettel Manufacturing Ltd., with respect to the property known municipally as 59
Bedford Road. The applicant wishes to demolish the apartment in order to provide needed
accessory parking for Zettel Manufacturing which under the current zoning of General Industrial
does not comply with the minimum standard for accessory off-street parking for its employees. It
was noted in the report that the building was only in average physical condition and is situated in
the centre of an industrial district totally unsuitable for a residential use. Further the use of this
property for the additional parking intended would be in conformity with the Secondary Plan and
the implementing Zoning By-law.
It was pointed out that notice that the Committee would hold a public meeting this date to consider
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this matter had previously been given.
Mr. R. Mattice advised that he had nothing further to add to the two reports under consideration
other than to point out that as of the present date, only two of the nine units were now occupied.
No delegations responded to an invitation from the Chair to address the Committee on these
matters.
The Committee first considered Staff Report PD 94/110.
On motion by Councillor M. Wagner,
it was resolved:
"That Council approve Rental Housing Protection Act application DE/94/001 (Zettel
Manufacturing Ltd.) for the demolition of the apartment building located at 59 Bedford Road
subject to the Owner complying with section 105 of the Landlord and Tenant Act, R.S.O.
1990. c. L.7, as amended. The issuance of the 120 Day Notice of Termination of the
Tenancy Agreement shall not be sooner than the date of Council's approval of the Owner's
application under the Rental Housing Protection Act.
It is the opinion of this Committee that the approval of this application is proper planning for
the City."
The Committee then considered Staff Report PD 94/109.
PD 94/110 - 59 BEDFORD ROAD
- DEMOLITION APPLICATION DE/94/001 UNDER THE RENTAL HOUSING
PROTECTION ACT
PD 94/109 - DEMOLITION CONTROL APPLICATION DC 94/06/RM
-ZETTEL MANUFACTURING LTD.
- ROCKWAY-ST. MARY'S WARD
On motion by Councillor M. Wagner,
it was resolved:
"That Demolition Control Application DC 94/06/RM (Zettel Manufacturing Ltd.) requesting
approval for the demolition of a nine unit apartment building located at 59 Bedford Road
legally described as Lot 214 to Lot 216, R.P. 262 be approved.
It is the opinion of this Committee that the approval of this application is proper planning for
the City."
The Chair advised that these recommendations would be considered by City Council at its
meeting to be held on Monday, February 20, 1995.
PD 94/128 - 174 CEDAR CREST STREET
- REQUEST FOR TEMPORARY OCCUPANCY FOR A PERSONAL (HAIR
SALON) AS A HOME BUSINESS
- KlM MERCER
- FOREST WARD
The Committee was in receipt of Planning & Development Staff Report PD 94/128 dated January
31, 1995 dealing with a request for temporary occupancy of a personal service (hair salon) as a
home business submitted by Ms. Kim Mercer with respect to the property known municipally as
174 Cedar Crest Street.
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It was noted in the report that the subject property is developed with a single detached dwelling
which was zoned R-3 according to by-law 94-183 which is still subject to appeals as it has not
received Ontario Municipal Board approval. Until such time as the by-law is in effect, only those
uses permitted in both By-law 4830 and 94-183 are permitted and such a home business is not
permitted in the R2A zone according to By-law 4830. Further it was noted that the business would
be in compliance with all regulations except the location of the required parking space for which
the Committee of Adjustment granted approval on January 31, 1995. Accordingly staff support the
request as it would be permitted once By-law 94-183 is in effect.
Ms. Kim Mercer was in attendance to support her request for temporary occupancy.
No other delegations were registered respecting this matter.
On motion by Councillor G. Lorentz,
it was resolved:
"That the request of Kim Mercer for temporary occupancy for a personal service (hair salon)
as a home business at 174 Cedar Crest Street be approved subject to the following
conditions:
"That enforcement of the City's Zoning By-law be waived with respect to a personal
service use (hair salon) operated as a home business at 174 Cedar Crest Street and
temporary occupancy be approved subject to final approval of Minor Variance
Application A-7/95 and the home business vacating the location in the event By-law
94-183 permitting personal services as home businesses is not approved by
PD 94/128 - 174 CEDAR CREST STREET
- REQUEST FOR TEMPORARY OCCUPANCY FOR A PERSONAL (HAIR
SALON) AS A HOME BUSINESS
- KlM MERCER
- FOREST WARD
the Ontario Municipal Board as it affects this property.
Further, that in the event of failure to vacate, the City's Municipal Enforcement
Officer be directed to commence notice of action to remove the illegal use and that
any work done to the premises is at the sole risk and responsibility of the owner in
the event losses are incurred as a result of the final disposition of By-law 94-183."
The Chair advised that this recommendation would be considered by City Council at its meeting to
be held on Monday, February 20, 1995.
PD 95~3 - MUNICIPAL PLAN
- RESPONSE TO REGION OF WATERLOO RE: REQUESTED MODIFICATIONS
- KITCHENER REQUESTS FOR ADDITIONAL MODIFICATIONS
The Committee was in receipt of Planning & Development Staff Report PD 95/3 dated February 2,
1995. The report deals with the Regional Municipality of Waterloo's response to the City of
Kitchener Municipal Plan contained in Regional Reports D17-30/94017 dated December 23, 1994
and D17-30/94017 dated January 20, 1995 both of which were distributed as attachments to PD
95/3. As well, PD 95/3 deals with Kitchener's request to the Regional Municipality of Waterloo for
modifications to the City of Kitchener Municipal Plan and is attached hereto as part of these
minutes for information purposes.
It was noted in the report that in May 1994, Kitchener Council adopted a new Municipal Plan for
the City and forwarded it to the Region of Waterloo for their approval. Subsequently as part of
their approval process, the Region circulated and reviewed the plan and submitted their comments
for Kitchener's consideration.
It was pointed out that notice that the Committee would hold a public meeting this date to consider
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
this matter had previously been given.
Mr. B. Stanley advised that the content of Staff Report PD 95/3 deals with:
- referrals and deferrals
- processing of modifications requested by the Region
- modifications previously requested by City Council
- modifications associated with agency requests
- housekeeping amendments
Mr. Stanley referred the Committee to the December 23rd Regional letter and commented on the
likely disposition scenario's for the referrals and deferrals listed in the Regional letter. In reference
to the matter raised earlier respecting Vace Investments Ltd., he indicated that staff wished to
modify policy in the present Municipal Plan which deals only with the issue of restricting access as
it relates to industrial development in the Hidden Valley area. He indicated that staff intend to
propose a clarification that should a road connection to Fairway Road be made, it would be to
serve only residential purposes and not industrial development.
Mayor R. Christy entered the meeting at this point.
PD 95~3 - MUNICIPAL PLAN
- RESPONSE TO REGION OF WATERLOO RE: REQUESTED MODIFICATIONS
- KITCHENER REQUESTS FOR ADDITIONAL MODIFICATIONS (CONT'D)
Councillor T. Galloway referred to item 41 on page 18 of the December 23rd Regional letter and
questioned if the clause made it more difficult for rehabilitation from pits to a golf course use to
take place. Mr. B. Stanley advised that this policy would not kick in for that instance. Councillor
Galloway questioned if it was desirable to have open space subject to the rehabilitation
requirement. Mr. B. Stanley advised that as long as the Agricultural Land Use District designation
applied, the land must be developed for agricultural uses.
Mayor R. Christy noted that the Region and the City would be undertaking a traffic study in the
downtown core and questioned if intersection improvements in the King/Cedar Area could still take
place not withstanding the study. Mr. B. Stanley referred to item 7 of the January 20, 1995
Regional letter noting that Regional staff recommend deferral pending the outcome of the
Downtown Kitchener Transportation Study.
Councillor Jake Smola referred to item 4B 13) referenced on page 6 and map 7 of PD 95~3 as to
the impact of the requested modification of the Hallman-Brierdale lands from Low Rise Residential
District to Medium Rise Residential District and the impact this would have on the lands of the
adjoining developer. Mr. B. Stanley advised that the Municipal Plan Policy allows for up to an
eight storey apartment building; however, the Community Plan makes provision for a much lower
development.
Mayor R. Christy asked why the Pioneer Tower area was deferred and Mr. T. McCabe advised
that policies were transferred pending completion of studies that are presently under way.
Mr. Brent Clarkson appeared as a delegation on behalf of Ottawa Street Holdings, itemized as 4B
12) on pages 5 & 6 of PD 95/3 and advised he was in support of the recommendation in the staff
report to lower the density.
Mr. Paul Britton appeared as a delegation on behalf of Hallman-Brierdale with regard to lands
itemized as 4B 13) on page 6 of PD 95/3 and noted that the subject lands were situate on the east
side of Lackner Boulevard and that the requested modification to change the designation from Low
Rise Residential District to Medium Rise Residential District was advertised in the newspaper.
Further he stated that the matter has been discussed with the adjacent developer, represented by
Mr. Glenn Scheels, who is present at the meeting this date. Mr. Britton referred to the Grand River
North Community Plan and pointed out that an objective of the Municipal Plan was to encourage
multiple residential uses in transit corridors. However, he advised that his client does not intend to
maximize density but will apply for an R-7 zoning category with a 1.0 floor space ratio. In
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
I=I=RI~I I/~I~'V 1"~ tQQ; _ "~R _
response to Councillor Jake Smola as to what form of development should be anticipated from
such designation, Mr. Britton advised that a three to six storey apartment building should be
expected and that was now a more restrictive situation than previously.
Mr. P. Britton also appeared respecting the item listed as 4B 11) in PD 95/3 and advised that he
had been retained by Epton Industries. He advised that his clients have concluded that a
commercial designation consistent with the King Street corridor was appropriate for the Epton
lands and he was in support of the staff recommendation in that regard.
Councillor M. Wagner questioned item 49 in the December 23, 1994 Regional letter and
questioned if Hallman-Brierdale, the owner of lands abutting Tilt Drive was satisfied with the
access issue and Mr. P. Britton indicated that his client was satisfied with the wording.
No other delegations responded to an invitation from the Chair to address the Committee on these
matters.
PD 95/3 - MUNICIPAL PLAN
- RESPONSE TO REGION OF WATERLOO RE: REQUESTED MODIFICATIONS
- KITCHENER REQUESTS FOR ADDITIONAL MODIFICATIONS (CONT'D)
Several members of the Committee asked that Kitchener requests for Modifications as
summarized by recommendation #2 referenced to Item 4B in PD 95/3 be considered and voted on
separately.
Item 4B 11) was raised by Councillor M. Yantzi who questioned if the wording respecting the
Epton properties lands was broad enough to include a residential use. Mr. B. Stanley advised that
discussions have taken place respecting residential use and concerns were expressed with such
use. He advised that presently residential is excluded because it is adjacent to the railroad lines
and further noted that concerns were also expressed by adjacent industries because operations
may impact on residential uses. Councillor M. Wagner referred to the City of Toronto where
thousands of apartments have been constructed adjacent to multiple railroad tracks in the
downtown and suggested that CN must have agreed to such development. Mr. B. Stanley replied
that the City undertook the Breithaupt Industrial Study and decided against residential uses
because of railroad operations and abutting industrial operations. Further he stated that in the last
five years CN Rail has become very concerned about residential uses abutting their rail lines and
noted that if a change was contemplated that would see residential uses adjacent to the rail line, it
would have to be implemented as part of a concerted policy in that regard.
Item 4B 11 ) (of Rec.#2) as outlined in the staff report was put to a vote and ACCEPTED.
Item 4B 12) (of Rec.#2) as outlined in the staff report was put to a vote and ACCEPTED.
Item 4b 13) (of Rec.#2) was raised by Councillor Jake Smola. He suggested it would be difficult
for the adjacent property owner to sell their property and also expressed concern in that there was
no mail circulation to adjacent property owners of the Muncipal Plan modification request. Mr. B.
Stanley advised that designation was in the Community Plan and what was being addressed was
an error in the Municipal Plan. Councillor T. Galloway commented that there was a need for such
medium rise residential development as a step between other forms of development and
Councillor M. Yantzi supported such blending of uses.
Item 4B 13) (of Rec.#2) as outlined in the staff report was put to a vote and ACCEPTED.
The balance of items under 4B (of Rec.#2) were then voted on and ACCEPTED.
Recommendations 1 and 3 of the staff report were then voted on and ACCEPTED.
The modification recommendations in whole were then considered.
On motion by Councillor M. Yantzi,
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
I=I=RI~I I/~I~V 1"~ tQQ;
it was resolved:
1)
"That Council adopt the modifications to the City of Kitchener Municipal Plan recommended
in the two Regional reports D17-30/94017 dated December 23, 1994 and D17-30/9417
dated January 20, 1995 with the following changes to the former.
i)
Page 5, item #1. Change "excluding" in the first sentence of the recommended
modifications to "including".
ii) Item #90, vi) b), page 36, replace with:
"b) the new eastern road from New Dundee to Strasburg Road is a proposed
Major Collector (dashed light blue).
iii) Remove item #90, vi) h), page 37.
PD 95/3 - MUNICIPAL PLAN
- RESPONSE TO REGION OF WATERLOO RE: REQUESTED MODIFICATIONS
- KITCHENER REQUESTS FOR ADDITIONAL MODIFICATIONS (CONT'D)
2)
That Kitchener Council request the Regional Municipality of Waterloo to modify the City of
Kitchener Municipal Plan to reflect the thirteen modifications outlined in Planning and
Development Staff Report PD 95/3 under section 4. B - Kitchener's Request for
Modifications.
3)
That Kitchener Council instruct staff to make editorial changes to the Municipal Plan as
appropriate."
The Chairman advised that this recommendation would be considered by City Council at its
meeting to be held on Monday, February 20, 1995.
REPORT - ECONOMIC DEVELOPMENT COUNCIL MARKETING AWARDS
The Committee was in receipt of a report dated February 8, 1995 from Ms. V. Gibaut advising that
at the 1995 annual meeting of the Economic Development Council of Ontario (EDCO), Kitchener
had received awards. A first place award was received by Kitchener along with the City of
Mississauga in the category of Business Directories and a first place was also achieved as a
member of Canada's Technology Triangle for the category of General Purpose Brochure.
Ms. V. Gibaut briefly commented on the significance and the awards that Kitchener received.
The Committee requested that this issue be placed on the agenda of the next televised Council
meeting and that the report of Ms. Gibaut be recirculated with the Council agenda.
8. SITE PLAN APPLICATION # SP 94/68/K/LM - HIGHWAY #8 - 4355 KING STREET EAST
Councillor T. Galloway advised the Committee that on February 15, 1995 the City's Project Review
Committee would be considering a site plan application with respect to a redevelopment of the
former Waikiki Restaurant at 4355 King Street East. He pointed out that the neighbourhood has
concerns over the uses proposed but of more importance were the traffic considerations relative to
those uses which under present circumstances would require business traffic utilizing the subject
property to pass by three residential homes. He pointed out that when the restaurant was first
proposed, the neighbourhood had expressed concern but relented when it was evidenced that as
a fine dining establishment there would not be much vehicular impact on the neighbourhood. With
the redevelopment as now proposed for a fast food outlet, a donut shop and another commercial
use, it was anticipated that these uses would draw very substantial traffic volumes. Councillor
Galloway stated that it was the policy of the Ministry of Transportation not to allow for any
additional access points off of Highway #8 (King Street) and that it was his understanding the
Ministry was not interested in right-in, right-out access that would partially relieve traffic impact on
the neighbourhood. He asked that the Committee give direction to staff to request the Ministry for
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
a right-in, right-out access/egress configuration to the development.
On motion by Councillor T. Galloway,
it was resolved:
"That with respect to Site Plan Application # SP 94/68/K/LM (former Waikiki Restaurant -
4355 King Street East) situate at Highway #8 (King Street East) and Pioneer Tower Road,
the Ministry of Transportation of Ontario be requested to consider a Highway #8 right-in,
right-out access/egress in order to alleviate the impact of the large volumes of traffic that
would otherwise be required to access this development by means of a residential street
(Pioneer Tower Road)."
PRELIMINARY PROGRAM - 1995 ANNUAL PLANNING CONFERENCE,
TORONTO
-AMERICAN PLANNING ASSOCIATION/CANADIAN INSTITUTE OF PLANNERS
APRIL 8-12,
A preliminary program for the 1995 Annual Planning Conference being held in Toronto from April
8-12, 1995 was distributed with the agenda.
Mr. T. McCabe asked that the Committee take note of the APA/CIP sponsorship of the conference
and in particular asked that they review the extensive variety of seminars and workshops taking
place at the conference.
10.
ADJOURNMENT
On motion, the meeting adjourned at 4:50 p.m.
L.W. Neil, AMCT
Assistant City Clerk