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HomeMy WebLinkAboutPlng & Econ Dev - 1995-05-15PED\1995-05-15 MAY 15, 1995 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 4:00 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. Officials present: Mr. T. McKay, Mr. T. McCabe, Mr. B. Stanley, Mr. D. Mansell, Mr. R. Mattice, Mr. T. Boutilier, Mr. L. Bensason, Ms. C. Ladd, Ms. J. Given and Mr. L.W. Neil. PD 95/40 - 97 COURTLAND AVENUE - RENOVATION & REPAIR APPLICATION RR/95/001 UNDER THE RENTAL HOUSING PROTECTION ACT - DOUG CORNWELL - VICTORIA PARK WARD The Committee was in receipt of Planning and Development Staff Report PD 95/40 dated April 11, 1995. The report deals with a Renovation and Repair Application submitted under the Rental Housing Protection Act by Mr. Doug Cornwell with regard to property known as 97 Courtland Avenue East. The subject property presently has 7 units consisting of one bachelor unit, four 1 bedroom units, and two 2 bedroom units. It was noted in the report that the applicant requests approval under the Rental Housing Protection Act to create one large 2 bedroom unit out of the bachelor unit and one of the 1 bedroom units. 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. B. Stanley briefly summarized the purpose of the application and advised that staff had nothing further to add to the report under consideration. Mr. Doug Cornwell appeared as a delegation and indicated his support for the recommendation in the staff report. No other delegations responded to the Chair's invitation to address the Committee on this matter. Councillor M. Yantzi noted that the Act seems to be from another era in terms of the nature of the application under consideration and questioned its appropriateness. Mr. B. Stanley advised that he was not aware of any movement to change the Act. On motion by Councillor M. Yantzi, it was resolved: "That Council approve, without conditions, Renovation and Repair application RR/95/001 under the Rental Housing and Protection Act, which will allow the loss of one rental unit through renovations at 97 Courtland Avenue East. It is the opinion of this Committee that 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 Tuesday, May 23, 1995. PD 95~32 - 1094 HIDDEN VALLEY ROAD - ZONE CHANGE APPLICATION ZC 941201HIJG - DON & GEORGINA OAKES - FAIRVIEW WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from Don & Georgina Oakes to change the zoning of lands known municipally as 1084 Hidden Valley Road. The proposed zoning change is from Residential One (R-l) with holding provision 1 lh to Residential One (R-l) with special use provision 208U. In this regard the Committee considered Staff Report PD 95/32 dated April 19, 1995 and the proposed by-law dated March 27, 1995 attached to the report. It was noted in the report that the application PD 95~32 - 1094 HIDDEN VALLEY ROAD - ZONE CHANGE APPLICATION ZC 941201HIJG PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - DON & GEORGINA OAKES - FAIRVIEW WARD (CONT'D) seeks approval to permit a wholesale plumbing business to operate as a home business with a limitation on the total floor area. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. T. McCabe reviewed the purpose of the application noting that it was to legalize an existing home business and that the operation complies with the by-law with the exception of the fact that it was 17 square metres more than the 50 square metre maximum permitted. He stated that it was the view of staff that the operation was not detrimental to the area and that nearly all residents in Hidden Valley have indicated their acknowledgement that the business exists and have no concerns with its operation. Councillor J. Ziegler advised that Mr. D. Oakes was in attendance and that Mr. Oakes was in concurrence with the recommendation in the staff report. No delegations responded to the Chair's invitation to address the Committee on this matter. On motion by Councillor J. Ziegler, it was resolved: "That Zone Change Application 94/20/H/JG (Don and Georgina Oakes), 1084 Hidden Valley Road, requesting a change in zoning from Residential One (R-l) with holding provision 1 lh to Residential One (R-l) with special use provision 208 on Lot 2, Registrar's Compiled Plan, be approved in the form shown in the proposed By-law attached, dated March 27, 1995, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the Official Plan." The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 23, 1995. REPORTS - 10 & 20 SPETZ STREET PD 95/36 - DEMOLITION APPLICATION DE/95/001 UNDER THE RENTAL HOUSING PROTECTION ACT PD 95/35 - DEMOLITION CONTROL APPLICATION DC 95111SIRM - GORDON & CATHERINE MACKAY - CENTRE WARD The Committee was in receipt of two reports dealing with applications submitted by Gordon & Catherine MacKay for demolition of 10 & 20 Spetz Street. Staff Report PD 95/36 dated April 10, 1995 deals with application DE 95/001 for the demolition of the apartment building and single detached dwelling located at 10 & 20 Spetz Street under Section 4(1) of the Rental Housing Protection Act, 1989. It was noted in the report that the existing properties are comprised of a five unit rental apartment building and a single detached dwelling containing three rental units with a total of seven 1 bedroom units and one 2 bedroom unit. The applicant seeks approval under the Rental Housing Protection Act for the demolition of the two structures to create a green space. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter was previously given. REPORTS - 10 & 20 SPETZ STREET PD 95/36 - DEMOLITION APPLICATION DE/95/001 UNDER THE RENTAL HOUSING PROTECTION ACT PD 95/35 - DEMOLITION CONTROL APPLICATION DC 95111SIRM PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - GORDON & CATHERINE MACKAY - CENTRE WARD (CONT'D) Staff Report PD 95/35 deals with Demolition Control Application DC 95/1/S/RM relative to the proposal to demolish both buildings to create a green space. The application for demolition under the Rental Housing Protection Act satisfies one of three criteria set out in the Act and this was outlined in Staff Report PD 95/36. The conditions for approval of the Demolition Control Application were reviewed in Staff Report PD 95/35 and staff recommend approval. As well it was noted in the report that the Local Architectural Conservation Advisory Committee has no concerns with the demolition of the property but has requested the City's Heritage Planner be permitted to record the cellar prior to demolition. The building at 10 Spetz Street was originally known as the Spetz Brewery and was converted to residential use around 1920. An inspection of the property in 1994 revealed evidence of the former use of the building which still exists in the cellar and this will be documented. Mr. B. Stanley advised that the property was only referenced in the City's inventory of historical buildings but was not of interest under the Heritage Act. He pointed out that the application was circulated to surrounding property owners who have indicated their concurrence with the demolition. He further clarified that LACAC reviewed the applications and since the building has been changed so substantially there was no interest in preserving it. However there is interest in inventorying and photographing the remnants of the brewery contained in the basement. Councillor M. Yantzi questioned if the demolition was premature. Mr. R. Mattice advised that when the Committee and Council reviewed the demolition by-law last year, it was concluded that the effect of the by-law was resulting in boarded up properties and a change was made at that time. It has been concluded that the demolition will not affect the neighbourhood but the trees on the property will be preserved. Councillor M. Wagner confirmed that LACAC had no heritage concerns or comments with the exception of documenting the former brewery operation evident in the basement. On motion by Councillor M. Wagner, it was resolved: "That Council approve Rental Housing Protection Act application DE/95/001 for the demolition of the apartment building and single detached dwelling located at 10 & 20 Spetz Street 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 approval of this application is proper planning for the City." On motion by Councillor M. Wagner, it was resolved: "That Demolition Control Application DC 95/1/S/RM (Gordon & Catherine Mackay) requesting approval for the demolition of a five unit apartment building and a single detached dwelling with three units located at 10 and 20 Spetz Street legally described as Part Lot 4, Plan 364 be approved. REPORTS - 10 & 20 SPETZ STREET PD 95/36 - DEMOLITION APPLICATION DE/95/001 UNDER THE RENTAL HOUSING PROTECTION ACT PD 95/35 - DEMOLITION CONTROL APPLICATION DC 95111SIRM - GORDON & CATHERINE MACKAY - CENTRE WARD (CONT'D) It is the opinion of this Committee that approval of this application is proper planning for the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES _CIt _ ('~ITV hi= I,(ITt'~HI~klI~Q City." The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 23, 1995. PD 95/50 - PIONEER TOWER AREA MUNICIPAL PLAN REFERRALS TO THE ONTARIO MUNICIPAL BOARD - KRIZSANDERSON DEVELOPMENTS LIMITED & J.H.S. PROPERTIES INC. - SOUTH WARD The Committee was in receipt of Planning & Development Staff Report PD 95/50 dated May 12, 1995. The report deals with Pioneer Tower Area Municipal Plan Referrals to the Ontario Municipal Board. It was noted in the report that Krizsanderson Developments Limited and J.H.S. Properties Inc., on May 5 and May 9, 1995 respectively filed letters with the Regional Clerk requesting referral to the Ontario Municipal Board of Special Policies in the Municipal Plan pertaining to the Pioneer Tower West Area. Also requested to be referred were any of the Transportation Policies applying to the Pioneer Tower West Area and applicable portions of Map 4 Transportation, Map 5 Land Use and Map 8 Special Policy Areas that again pertain to the Pioneer Tower West area. In addition, the referral request of J.H.S. Properties Inc., also refers to extensive portions of the remainder of the Municipal Plan dealing with policies that would relate to consideration of processing subdivision plans for development. Finally, both referral requests also refer to the Fire Prevention and Fire Suppression Policies in the Municipal Plan. Mr. B. Stanley explained that the two letters were received by staff late on Thursday May 11, 1995 from the Region. He advised that he reviewed the requested referral of the numerous issues to the OMB and in particular pointed out the direction that J.H.S. Properties Inc., has gone in requesting that many other policies also be addressed. He noted that when the letters were received by the Region, Mr. K. Eby took the initiative to determine if the applicants would agree to a deferral rather than a referral and staff support such procedure. Mr. Stanley advised the Committee that upon the approval of the Municipal Plan, the City Solicitor had requested that the 1979 Official Plan be kept in tact. In this regard he noted that the previous Official Plan covers most Heritage Policies but was lacking with respect to other issues or other policies dealt with in the current Municipal Plan. He suggested that any new applications must be cognizant of all Municipal Plan Policies. Councillor J. Ziegler stated that he was surprised that the Municipal Plan could be referred at this late date and questioned what the timing deadlines were. Mr. B. Stanley advised that there was no defined deadline with respect to the Municipal Plan and that referral requests could be submitted up to the point of consideration by Regional Planning & Culture Committee. Councillor M. Wagner questioned what the process would be for resolution of the deferrals. Mr. B. Stanley advised that staff will continue to work through the process of planning for the Pioneer Tower Area and noted that any clarifications agreed upon would have to come back to City Council. Councillor T. Galloway acknowledged the Special Pioneer Tower West Policies as an issue and referred to the impact on broad Policies, questioning if there was any way the wording could be made specific to the Pioneer Tower West Area. Mr. B. Stanley replied that normally staff have PD 95/50 - PIONEER TOWER AREA MUNICIPAL PLAN REFERRALS TO THE ONTARIO MUNICIPAL BOARD - KRIZSANDERSON DEVELOPMENTS LIMITED & J.H.S. PROPERTIES INC. - SOUTH WARD (CONT'D) the opportunity to discuss details of such matters with applicants but had no opportunity in this case. He stated that he hoped that they could narrow the issues further. Councillor Galloway questioned if it was technically possible to have the broad Policies made specific to the Pioneer Tower West area and Mr. Stanley advised that most could likely be treated that way. Councillor Galloway noted that it may be necessary to hold up further processing of plans and community PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES plan reviews and questioned if reliance could be placed on the Policies in the Municipal Plan to allow such studies to proceed. Mr. Stanley replied that in most situations planning could proceed but that there could be some difficulties arise in some instances. For example, he referred to the passing of a by-law affecting Scenic Roads and noted that the applicable policies would come into play. Councillor K. Redman questioned if the City had timelines or limitations in respect to the finalization of this matter and Mr. Stanley advised that there were no deadlines. He advised that Regional Planning & Culture Committee will be considering a Regional Report in this regard which will talk about going forward with the process to deal with the issues. Councillor T. Galloway stated that he was disappointed by the events taking place and it was his hope that the list of items requested for deferral can be reduced and quickly resolved. He stated that he was very concerned that the approach may create a confrontational attitude between affected parties. On motion by Councillor T. Galloway, it was resolved: "That Kitchener City Council requests Regional Council to defer rather than refer the referral requests of Krizsanderson Developments Limited and J.H.S. Properties Inc. as outlined in their letters of May 5, and May 9, 1995 respectively." 5. ADJOURNMENT On motion, the meeting adjourned at 4:40 p.m. L.W. Neil, AMCT Assistant City Clerk