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HomeMy WebLinkAboutPlng & Econ Dev - 1995-11-06PED\1995-11-06 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 6, 1995 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:30 p.m. under Councillor C. Weylie, Chair, with the following members present: Councillors K. Redman, John Smola, B. Vrbanovic, T. Galloway, M. Yantzi, J. Ziegler, M. Wagner and Jake Smola. Mayor R. Christy entered the meeting shortly after its commencement. Officials present: Ms. C. Ladd, Ms. S. Frenette, Ms. L. MacDonald, Ms. B. Newell and Messrs. T. McKay, T. McCabe, B. Stanley, J. Shivas, D. Mansell, J. Witmer, K. Tribby and L.W. Neil. 1. REQUEST FOR TEMPORARY OCCUPANCY - 1305 VICTORIA STREET NORTH, UNIT 3 A letter dated November 6, 1995 from Mr. Rob Conrad of Global Aquatics was distributed in regards to a request for temporary occupancy of Unit 3 at 1305 Victoria Street North. It was noted that Global Aquatics intends to establish a retail pet store specializing in fish, reptiles, aquariums and supplies as well as pet food. Mr. T. McCabe reviewed Council policy with respect to requests for temporary occupancy noting that a zone change must be submitted, the proposed use must be in accordance with the Municipal Plan, circulation is required and no building permit be necessary in regards to any changes needed to accommodate the proposed use. In reference to the actual request, Mr. McCabe advised the condition for a zone change application had been overlooked and suggested that if the Committee wished to approve the temporary occupancy request that it be made subject to submission of a zone change application. On the issue of circulation, he pointed out that it had not been done as yet since an application has not been received but it was his view there would not be any public controversy respecting the proposed use. Also, he noted that the owner was aware that it was their responsibility to assume all risks in regards to the temporary use. In response to Councillor K. Redman, Mr. McCabe advised that the requirement to submit a zone change effectively establishes a time limit on the process. He then explained the present Service Commercial zoning noting that the applicant wants more than 25% of the floor space to be dedicated to retail. In response to Councillor Jake Smola, he advised that the Service Commercial (C-6) zoning would only be changed to the extent of adding an additional use to the existing zoning. Mayor R. Christy entered the meeting at this point. Mr. Manfred Conrad appeared as a delegation on behalf of Global Aquatics to support the request and answer any questions. On motion by Councillor M. Wagner - it was resolved: "That the request of Mr. Manfred Conrad on behalf of Global Aquatics for temporary occupancy for retail of pets and pet supplies at 1305 Victoria Street North, Unit Three (3), be approved subject to the following conditions: That a Zone Change Application be submitted to the City prior to the November 14, 1995 City Council meeting. Further, that enforcement of the City's Zoning By-law be waived with respect to the retail of pets and pet supplies use at 1305 Victoria Street North, Unit Three (3) and temporary occupancy be approved subject to final approval of the zone change and the business vacating the location in the event the zone change is not approved by City Council or by the Ontario Municipal Board as it affects this property. Further, that in the event of failure to vacate, the City's Municipal Law 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 loses are incurred as a result of final disposition of the zone change." 1. REQUEST FOR TEMPORARY OCCUPANCY - 1305 VICTORIA STREET NORTH, UNIT 3 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 6, 1995 - 171 - CITY OF KITCHENER (CONT'D) The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, November 14, 1995. 2. PD 95~93 - MUNICIPAL PLAN MODIFICATIONS The Committee was in receipt of Planning and Development Staff Report PD 95/93 dated September 25, 1995 which deals with requests to adopt changes to the recently approved Municipal Plan for the City of Kitchener. It was noted in the report that a few matters were deferred in the Region's approval of the Kitchener Municipal Plan pending the holding of a public meeting or the adoption of a resolution of Council to modify the plan, all of which are before the Committee within this report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. B. Stanley advised that the matters addressed within the report had arisen during processing of the Municipal Plan. He indicated that no concerns have been received as a result of the advertising of the public meeting. Mr. Stanley distributed a minor change to the background section of the staff report as it relates to road alignment. Accordingly, he asked that the second sentence under Section 3 of the background comments be deleted and the following sentence be inserted in its place "Approval of the road alignment within the area is to be deferred until the Doon South Community Plan is completed". Councillor T. Galloway suggested that there was still some inconsistency and questioned if the report was dealing with both land uses as well as the road alignment. Mr. B. Stanley commented on the process noting that land uses would be approved and revisions to the Community Plan considered following which any necessary changes would be made to the Municipal Plan. Mr. Glenn Scheels, Green Scheels & Pidgeon Planning Consultants Ltd., appeared as a delegation on behalf of Monarch Construction Limited in support of recommendation #3 of the staff report. No other delegations responded to the invitation of the Chair to address the Committee on this matter. On motion by Councillor M. Yantzi - it was resolved: "That Kitchener Council request the Regional Municipality of Waterloo to modify the City of Kitchener Municipal Plan as follows: That the following Special Policy be included in Part 3, Section 12.0 of the Municipal Plan. "27 - Southwest Corner of Ottawa Street South and Alpine Road. In addition to uses normally permitted in Service Commercial areas, permit uses allowed in a Neighbourhood Commercial District on lands generally located on the southwest corner of Ottawa Street South and Alpine Road. The total maximum gross leasable retail commercial floor space of all uses shall not exceed 13,935 square metres and the gross leasable retail commercial floor space of any singular commercial outlet or establishment shall not exceed 4,550 square metres." That Map 8 of the Municipal Plan include "Special Policy Area 27 - Southwest Corner of Ottawa Street South and Alpine Road" as shown on Map 1 of this report. 2. PD 95~93 - MUNICIPAL PLAN MODIFICATIONS (CONT'D) 3. That Map 5 of the City of Kitchener Municipal Plan be modified to incorporate the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 6, 1995 - 172 - CITY OF KITCHENER Land Use Designations for Doon South as shown on Map 2 of this report. That Part 2, Policy 7.7.3.10 of the Municipal Plan be modified to include the following additional clause: "iv) Whether the proposed use serves a greater long-term interest of the general public than does aggregate extraction." It is the opinion of this Committee that the approval of these modifications to the Municipal Plan 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, November 14, 1995. 3. DOWNTOWN UPDATE Ms. S. Frenette gave a brief update on the work of the Downtown Action team. She indicated that currently there were two areas of concentration. Firstly, meetings were taking place with significant property owners to discuss their future plans within the context of downtown improvement and secondly, staff were involving themselves in specific projects in an attempt to assist where possible to bring about improvements and as examples, the Facade Program as well as the future use of the Forsyth building were provided. In response to Councillor Jake Smola, Ms. Frenette advised that there has been massive interest in the Facade Program and that financing was not in place to meet all of the applications received. She indicated that staff would be bringing a full report to the Committee on the financing matter. 4. PD 95/73 - CONDITIONAL BUILDING PERMITS The Committee was in receipt of Planning and Development Staff Report PD 95/73 dated October 31, 1995 dealing with the issue of conditional building permits. It was noted in the report that the Ontario Building Code was amended July 1, 1993 to provide for the issuance of conditional building permits before all applicable law has been complied with. The Act sets out the framework of conditional permits whose objective is to expedite construction that meets critical zoning and environmental regulations without having obtained all other approvals. In particular it was noted that issuance of a conditional permit was discretionary on the part of the Chief Building Official. The practices with respect to current issuance of building permits for various stages of construction were discussed in the report. The proposed conditional permit process would allow an agreement to be prepared where the owner and the City mutually agreed to timetables and deadlines imposed and proceed to completion of prescribed requirements for complete permit issuance without the necessity to apply undue pressure or hardship on either party. The requirements that a property owner must agree to in writing were itemized in the staff report. Mr. J. Witmer, Director of Building and Inspections, presented an explanation of the contents of the staff report. He noted that the purpose was to expedite the approval process and that the recommendation in the staff report provides that Council delegate approval authority for the approval of conditional permit agreements except in the circumstances itemized in the recommendation. Mr. Witmer stressed that it was a conditional permit within a process that allows building activity to proceed in a timely fashion provided that the development complied with relevant zoning and uses. Councillor Jake Smola questioned if anything could addressed under the conditional building permit process would deal with the problems experienced respecting issuance of final grading certificates. Mr. J. Witmer advised that the conditional permit process relates to pre-approvals to undertake construction and that final grading matters were not a part of this process. Mr. T. McCabe advised that the continuous improvement process subdivision team was inquiring into requirements and issues relative to subject of grading and would be addressing the matter. 4. PD 95/73 - CONDITIONAL BUILDING PERMITS (CONT'D) Further discussion followed with questions and comments regarding incomplete deferred projects, site plans and the site plan approval process in relation to the issuance of conditional building PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 6, 1995 - 173 - CITY OF KITCHENER permits. On motion by Councillor K. Redman - it was resolved: "That City Council delegate approval authority to the Chief Building Official for the approval of conditional permit agreements except in the following cases: a) where site plan approval is required but the Section 41 Development Agreement has not been registered on title; b) when there is any disagreement by the applicant to any condition of the standard form conditional permit agreement; c) where the standard form conditional permit agreement approved by Council is not appropriate in the opinion of the Chief Building Official; d) where the Chief Building Official deems that a review by City Council is necessary or beneficial. e) where a Standard Subdivision Agreement has not been registered on title in the case where a conditional permit is being sought for lands which are included within a draft plan of subdivision which has not been registered. That the Mayor and Clerk be authorized to execute all conditional permit agreements required as a result of the exercising of authority delegated to the Chief Building Official." KITCHENER GIS VIDEO PRESENTATION & PROJECT UPDATE Mr. B. Stanley advised the Committee that a presentation of the Region of Waterloo GIS project was recently provided to Regional Councillors and he thought that it would be advisable at this time to update the Committee on Kitchener's GIS project. In this regard he noted that Ms. B. Newell has been handling the project and would be showing a video presentation of the details of the GIS. Ms. B. Newell added that the video that the Committee was about to view was dramatic and explains exactly what GIS is all about and will show how municipal governments may utilize GIS systems. In this regard a pamphlet on GIS was distributed. The Committee then viewed the video which explained the process and suggests that the bottom line for municipalities was significant costs savings in both routine work and in emergency situations. Mr. B. Stanley then listed the following as examples of situations that would increase work efficiency by implementing GIS: circulation/mailing lists, determination of election polling districts, infrastructure management and savings accumulated in respect to investigative study data necessary each time a subject has to be studied prior to a report being developed. Mr. Stanley noted that the City had started its GIS project in 1993, budgeted monies in 1994 and was now in a position to acquire necessary hardware and software to build the necessary databases. Further, he indicated that representatives from Kitchener Wilmot Hydro and Bell Canada were in attendance at the meeting this date to hear the presentation in conjunction with the interest of their respective organizations in GIS applications. Councillor K. Redman questioned how the information on the databases could be kept current at all times. Mr. B. Stanley acknowledged that the data must be kept current at all times and that staff must build such data management into their daily operations for each GIS application as it is developed. Councillor J. Ziegler questioned what the cost was to keep building applications for the GIS system since a commitment was being made to on going future costs KITCHENER GIS VIDEO PRESENTATION & PROJECT UPDATE (CONT'D) to support the system. Mr. B. Stanley advised that current experience is that a payback is achieved after the seventh year and in particular he stated that infrastructure savings were very PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 6, 1995 - 174 - CITY OF KITCHENER significant. Councillor Ziegler questioned what effects there would be as computer software improves and new systems become available and Mr. Stanley indicated that an automatic upgrade would take place similar to the present practice with computer software. Councillor Ziegler expressed concern with the unknown continuing costs that were built in to the GIS system. Mr. Stanley noted that without a comprehensive GIS system then it would be likely that individual departments would be developing small subsystems to compensate for their needs and in the end such systems were expensive to maintain and update. Councillor Jake Smola inquired what form the savings would take that are to be achieved from a GIS system and Mr. Stanley advised that the savings would be in the form of time saved, increased productivity, and deferred maintenance of infrastructure. Councillor Jake Smola questioned if staff savings could be expected and Mr. Stanley advised that more and better services could be delivered with less staff utilizing a GIS system. PD 95/111 - ADDENDUM TO STAFF REPORT PD 95~76 - SIGN BY-LAW AMENDMENTS CONCERNING SIDEWALK/A-FRAME & PORTABLE SIGNS - MUNICIPAL CODE, CHAPTER 680 (SIGNS) The Committee was in receipt of Planning and Development Staff Report PD 95/111 dated October 26, 1995 prepared as an addendum to Staff Report PD 95/76. The report deals with possible sign by-law amendments relating to sidewalk/a-frame and portable signs and portable sign display permits. The report recommends a public meeting date be established to consider a full discussion of these matters. Mr. T. McCabe advised that he had nothing further to add to the report under consideration. Mr. K. Tribby advised that it was his belief with a few amendments to the existing by-law the entire subject could be addressed by way of some minor amendments. On motion by Councillor J. Ziegler - it was resolved: "That the Department of Planning and Development be directed to arrange for a public meeting to consider a report for Planning and Economic Development Committee/Council's consideration, concerning amendments to the City's Sign By-law to permit and regulate the use of "oversized" sidewalk/A-frame signs as portable signs in all zones permitting portable signs; to permit the anchoring of portable signs for the purposes of stability and safety; and to eliminate the current regulation for requiring display permits on portable signs." PD 95~92 - 1054 HIDDEN VALLEY ROAD - ZONE CHANGE APPLICATION 951211HIJG - CITY INITIATED RE G. GORDON - FAIRVIEW WARD The Committee was advised that the Department of Planning and Development was in receipt of a City initiated zone change application on behalf of G. Gordon with regard to the lands known municipally as 1054 Hidden Valley Road. The proposed zoning change is from Residential One (R-l) with holding provision 11h and special use provision 202 to Residential One (R-l) with holding provision 11h. In this regard the Committee considered Staff Report PD 95/92 dated September 22, 1995 and the proposed by-law dated September 13, 1995 attached to the report. It was noted in the report that the purpose of this City initiated zone change application was to remove the special use provision permitting a garden centre or nursery in order to ensure compliance with the City's Municipal Plan. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. PD 95~92 - 1054 HIDDEN VALLEY ROAD - ZONE CHANGE APPLICATION 951211HIJG - CITY INITIATED RE G. GORDON - FAIRVIEW WARD (CONT'D) Mr. T. McCabe advised that further to comments in the staff report, the purpose of the application PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 6, 1995 - 175 - CITY OF KITCHENER was to resolve an appeal situation with respect to Stage 7 of the City's Comprehensive Zoning By- law as outlined in detail in the staff report. No delegations responded to the invitation of the Chair to address the Committee on this matter. On motion by Councillor J. Ziegler - it was resolved: "That Zone Change Application 95/21/H/JG (1054 Hidden Valley Road), requesting a change in zoning from Residential One (R-l) with holding provision 11h and special use provision 202 to Residential One (R-l) with holding provision 11h, on Lot 4, Registrar's Compiled Plan, be approved in the form shown in the proposed By-law attached, dated September 13, 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 Municipal Plan." The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, November 14, 1995. PD 95~95 - 4 DODGE DRIVE - ZONE CHANGE APPLICATION 95151DNL - MINJAY HOLDINGS LTD. - SOUTH WARD The Committee was advised that the Department of Planning and Development was in receipt of a zone change application from Minjay Holdings Ltd., to change the zoning of lands known municipally as 4 Dodge Drive. The proposed zoning change is from Agriculture Zone (A-l) to Agricultural Zone (A-l) with special use provision 213, according to By-law 85-1. In this regard the Committee considered Staff Report PD 95/95 dated October 16, 1995 and the proposed by-law dated September 27, 1995 attached to the report. It was noted in the report that the applicants propose to amend the zoning pertaining to the lands to add a special use provision permitting the existing dwelling to be used as a duplex dwelling. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. No delegations responded to the invitation of the Chair to address the Committee on this matter. On motion by Councillor J. Ziegler - it was resolved: "That Zone Change Application ZC 95151DNL (Minjay Holdings Ltd.) requesting a change in zoning from Agricultural Zone (A-l) to Agricultural Zone (A-l) with special use provision 213, all according to By-law 85-1, be approved in the form shown in the proposed by-law attached, dated September 27, 1995, subject to the following conditions. That the owner agrees 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 zone change, prior to any readings of the amending zoning by-law by the City Clerk. The owner acknowledges that Condition 1 hereof, is required to be satisfied no later than seven (7) months of Council having approved by resolution, the amending zoning by-law relative to Zone Change Application 95/5/DNL. In the PD 95~95 - 4 DODGE DRIVE - ZONE CHANGE APPLICATION 95151DNL - MINJAY HOLDINGS LTD. - SOUTH WARD (CONT'D) event this requirement is not fulfilled within the seven month period, Council shall consider rescinding it zone change approval. It is the opinion of this Committee that approval of this application is proper planning for the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 6, 1995 - 176 - CITY OF KITCHENER City and is in conformity with the Municipal Plan." The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, November 14, 1995. 9. FINAL GRADING CERTIFICATE Concerns were expressed with respect to timing and issuance of final grading certificates. Mr. J. Witmer advised that currently the compliance letter indicates whether a final grading certificate was available or not and homeowners are getting the information provided that their lawyers were asking for it which in the majority of cases is occurring. Mr. T. McCabe commented that in the past lawyers had tended to ignore the need for the certificate and that winter weather was often a factor in delay in providing a certificate. He noted that the matter was being addressed as part of the new subdivision agreement procedures. Councillor T. Galloway commented that he has expressed concerns similar to those of Councillor Jake Smola regarding grading certificate issuance. It was his view that the City should be responsible to ensure that certificates are issued and that there should be something in the subdivision agreement that could be used as a lever in this regard. 10. SAFETY RE VACANT PARTIALLY DEVELOPED PROPERTIES Councillor J. Ziegler advised that at the October 23, 1995 Council meeting he had raised concerns with regard to the condominium development known as the Centrum at 250 Country Hill Drive not being properly secured and questioned what action has taken place at the staff level on this safety and liability issue. Ms. L. MacDonald advised that staff have had meetings in regards to this matter and would be forwarding a report to Council. 11. KITCHENER POSITION RE POSSIBLE CHANGES TO THE PLANNING ACT Councillor C. Weylie questioned if the Committee wished to consider what changes it might like to see to the Planning Act given the intention of the new provincial government to undertake changes. She indicated that the Regional Municipalities have been proactive in seeking changes and questioned if the large cities should act similarly. Mr. T. McCabe advised that in his view, Kitchener was large enough to be fully empowered in regards to planning approvals and thus the Region could act in an agency role rather than in an approval role. He indicated that he would like direction to approach the area local MPP's for their support. At Councillor C. Weylie's suggestion, the Committee agreed that staff develop a recommendation and that Councillor C. Weylie and Mr. T. McCabe meet with the local Members of the Provincial Legislature in this regard. 12. INFORMATION ITEMS The following informational items were attached to the agenda: Notes from Minister Al Leach to Annual General Meeting of the Ontario Professional Planners Institute. Conference Details -"Making Cities Livable Conference", March 12-16, 1996 - Carmel, California. 13. ADJOURNMENT On motion, the meeting adjourned at 5:15 p.m. L.W. Neil, AMCT Assistant City Clerk