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HomeMy WebLinkAboutPlng & Econ Dev - 1996-01-08PED\1996-01-08 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JAN UARY 8, 1996 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:20 p.m. under Councillor M. Yantzi, Vice-Chair, with the following members present: Mayor R. Christy and Councillors John Smola, G. Lorentz, K. Redman, B. Vrbanovic, T. Galloway, J. Ziegler, M. Wagner and Jake Smola. Officials present: Ms. C. Ladd, V. Gibaut, J. Jantzi, S. Frenette and Messrs. T. McKay, T. McCabe, B. Stanley, D. Mansell, J. Witmer, K. Tribby and L.W. Neil. CORRECTION RE DATE OF EXTENSION OF COVENANT TO BUILD - HURON BUSINESS PARK - BERKSHIRE BUILDING CORPORATION, MATT STRGAR AND MARLO TOMAC AND LEENAN PROPERTIES MANAGEMENT LIMITED The Committee was in receipt of a memorandum dated January 4, 1996 from Ms. V. Gibaut and J. Jantzi requesting the Committee correct the date referred to in a resolution passed by City Council at its meeting of July 4, 1995. The resolution was to grant a blanket extension with respect to offers to purchase to July 1, 1996 but incorrectly referred to July 1, 1995. Ms. Jantzi explained that the error originated in the original staff report. On motion by Councillor B. Vrbanovic - it was resolved: "That Clause 2 of the report of the Planning and Economic Development Committee approved by City Council on July 4, 1995 be amended so as to correct the date of the approved extensions to July 1, 1996, rather than July 1, 1995." DOWNTOWN UPDATE Ms. S. Frenette advised that the Retail Action Report has been completed. Related to this, an event is being planned tentatively for Tuesday, February 20th at the Walper Hotel to celebrate successes achieved to this point relative to downtown improvement. In this regard she noted that 19 of 47 initiatives of the Mayor's Task Force Report on the Downtown have been completed. She then provided a brief update on current activities involving the following matters: - staff will be meeting with Management Committee to discuss a strategy to find a tenant to replace the Words Worth Bookstore in City Hall - the La Costa Restaurant will be opening soon - the Facade Report is scheduled to be considered by the Finance and Administration Committee in January - financing options are being pursued with regard to future uses of the former Forsyth building - the mews project on the site of the former Sauders property has been designed and it will presented to adjoining property owners - design concepts for Gaukel Street are being pursued with University students be Councillor M. Wagner questioned when a hiring would be made for the Events Coordinator position. Councillor B. Vrbanovic advised that it was his understanding the Parks & Recreation Department would be bringing this matter to City Council at its next meeting. PD 95/126 - 84 CHURCH STREET - REQUEST FOR PROCESSING MUNICIPAL PLAN AMENDMENT - VICTORIA PARK WARD The Committee was in receipt of Planning and Development Staff Report PD 95/126 dated December 18, 1995. The report deals with two issues. The first is a request to process a Municipal Plan Amendment with regard to the property known municipally as 84 Church Street and the second request is that Council waive the fees relative to applications for Municipal Plan Amendment and Zone Change for the subject property. The planning history pertaining to this property was explained in the staff report which lead to the current designation of the property as High Density Residential in the Municipal Plan. It was noted in the report that the property owner was concerned about the current status of the property since the size of the property 3. PD 95/126 - 84 CHURCH STREET PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 8, 1996 - 2 - CITY OF KITCHENER - REQUEST FOR PROCESSING MUNICIPAL PLAN AMENDMENT - VICTORIA PARK WARD (CONT'D) accommodates only a single detached or a duplex building; however, neither of these uses is permitted. Mr. Don Snider, owner, appeared as a delegation and commented on his interpretation of the change in designation and zoning affecting this property that was completed with the Stage 6 Comprehensive Zoning By-law program. He indicated that he recently lost a potential sale of this vacant property because the property owner could not legally construct a single dwelling on the lot and now requested that the City waive the usual fees for Municipal Plan Amendment Application and Zone Change Application that would permit this use. He also questioned the staff comments in the report as to the issue that processing the applications without charge would be unfair to general taxpayers of the municipality. Councillor M. Yantzi pointed out that the request is to seek legal authority that would allow a single dwelling in addition to the higher density uses already in place. Ms. C. Ladd reviewed the activities that took place with the Stage 6 rezoning in which it was concluded that higher density of the lands in this area would be desirable. She noted that the long term option was for the land to be assembled with other parcels in order to achieve a high density development sometime in the future. It was pointed out that the fees in question were $1,000.00 for the Municipal Plan Amendment and $700.00 for the Zone Change. Councillor M. Yantzi questioned if Mr. Snider would be agreeable to a clause in the amended designation and zoning that once a house was built it would lose its single status so as to facilitate future redevelopment and Mr. Snider indicated that this was acceptable. Mr. T. McCabe advised that if the Committee was considering waiving the fees it should at least assess the direct costs the municipality incurs with regard to the applications which he considered to be at a very minimum $600 to $700 for mailing and advertising. It was his opinion that the Stage 6 program had adequate publicity in which this issue should have been brought to staff's attention. He indicated that staff do have strong planning views with regard to the future high density use but were sympathetic to the current problem of the property owner. Councillor K. Redman questioned if the zoning change requested would preclude a future land assembly initiative and Ms. C. Ladd advised that it would not, except that a vacant parcel was more attractive. On motion by Councillor M. Wagner - it was resolved: "That a Municipal Plan Amendment application relative to 84 Church Street be accepted for processing, such acceptance not to be construed as granting approval or refusal of the proposed amendment, and further, That the fees for the Municipal Plan Amendment Application and Zone Change Application pertaining to 84 Church Street be partially waived and the property owner be charged $700.00 towards coverage of the City's direct costs." The Vice-Chair advised that this recommendation would be considered by City Council at its meeting to be held on Monday, January 15, 1996. PD 96/1 - CONTINUED DELIVERY OF THE FEDERAL RESIDENTIAL REHABILITATION ASSISTANCE PROGRAM (RRAP) The Committee was in receipt of Planning and Development Staff Report PD 96/1 dated January 2, 1996 discussing the Residential Rehabilitation Assistance Program (RRAP) supported by the Federal Government. The report dealt with the background of the program PD 96/1 - CONTINUED DELIVERY OF THE FEDERAL RESIDENTIAL REHABILITATION ASSISTANCE PROGRAM (RRAP) (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 8, 1996 - 3 - CITY OF KITCHENER since 1982, program details, marketing approach and staffing requirements in order to generate agency fees payable to the City for its administration of the program. On motion by Councillor J. Ziegler - it was resolved: "A) That the City of Kitchener continue the delivery of the RRAP program throughout 1996. B) That the position of Loan Programs Officer be continued on a temporary basis for 1996 to assist with the administration of the program. c) That Council support City of Kitchener staff acting as an agent to assist other municipalities in the region in the delivery of the RRAP program where demand and interest exists, provided revenue to the City exceeds costs." PD 95/129 - DOWNTOWN ADVISORY COMMITTEE RECOMMENDATION WITH RESPECT TO CHAIR AND VICE-CHAIR The Committee was in receipt of Planning and Development Staff Report PD 95/129 dated December 22, 1995 concerning a recommendation from the Downtown Advisory Committee arising from its meeting of December 14, 1995. On motion by Councillor J. Ziegler - it was resolved: "1) That Councillor Mark Yantzi be appointed Chair of the Kitchener Downtown Advisory Committee. 2) That Councillor Karen Redman be appointed Vice-Chair of the Kitchener Downtown Advisory Committee." PD 96~2 - 30 FRANCIS STREET SOUTH - DEMOLITION CONTROL APPLICATION DC 961011FIRM - WITTINGTON GROUP OF COMPANIES LIMITED - VICTORIA PARK WARD The Committee was in receipt of Planning and Development Staff Report PD 96/2 dated January 2, 1996 dealing with a Demolition Control Application submitted by the Wittington Group of Companies Ltd., with regard to the property known municipally as 30 Francis Street South. Background related to the property in question and the application for demolition was discussed in the staff report. Mr. B. Stanley advised that staff were recommending approval of the Demolition Control Application subject to deferral and referral to City Council for consideration at its January 15, 1996 meeting in order that two planning issues be dealt with at the same time. The first deals with the merits of the demolition request and the approval under the by-law and the second deals with the recommendation that will be forthcoming from LACAC relative to the existing designation of the property under the Heritage Act. On motion by Councillor M. Wagner - it was resolved: "That Planning and Economic Development Committee defer and refer consideration of the following recommendation for Demolition Control Application DC 96/01/F/RM to City Council for consideration at its January 15, 1996 meeting in conjunction with LACAC's recommendation relative to the demolition request under the provisions of the Ontario Heritage Act: PD 96~2 - 30 FRANCIS STREET SOUTH - DEMOLITION CONTROL APPLICATION DC 961011FIRM - WITTINGTON GROUP OF COMPANIES LIMITED PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 8, 1996 - 4 - CITY OF KITCHENER - VICTORIA PARK WARD (CONT'D) "That Demolition Control Application DC 96/01/FIRM (Wittington Group of Companies Ltd.) requesting approval for the removal of the residential building located at 30 Francis Street South legally described as Part Lot 60 to Part Lot 62, Registered Plan 375 be approved subject to the owner agreeing to the recording of the building, in accordance with Municipal Plan policy, to a standard acceptable to Kitchener's LACAC." SOUTHWOOD PLAZA, 248 STIRLING AVENUE SOUTH - REQUEST FOR APPROVAL OF TEMPORARY OCCUPANCY - VICTORIA PARK WARD Mr. K. Curtis, Curtis Planning Inc., appeared as a delegation on behalf of Courtland-Sterling Investments Limited, owner of the Southwood Plaza, to request approval of a Temporary Occupancy within a vacant 11,000 square foot unit in the plaza. The proposed use involves an indoor miniature golf facility and as explained in a letter dated January 8, 1996 which he distributed to the Committee, a commercial recreation use is not a permitted use in either the Municipal Plan or the Zoning By-law. Accordingly, concurrent applications for Municipal Plan Amendment and Zone Change have been filed requesting that a commercial recreation use be added to the list of permitted uses at the Southwood Plaza. Mr. Curtis noted that the unit has been vacant for 3 1/2 years and the owner has experienced extreme difficulty in leasing the premises. It was his view that the application would not be controversial within the neighbourhood and he advised that the prospective tenant seeks to locate in the facility no later than February 17, 1996. Accordingly, he requested the Committee's approval of Temporary Occupancy while the required applications are being processed. Mr. T. McCabe advised that the request falls under Council's policy dealing with requests for temporary occupancy and in this regard noted that there were four criteria which are pertinent to Council's consideration and approval. Firstly, the proposed use must comply with the Municipal Plan and in this case it does not. Secondly, a Zone Change is required to be submitted and this has taken place. Thirdly, the Zone Change is required to be circulated and this has not happened since the application was just submitted but the requirement could be waived. Lastly, a building permit cannot be issued for the proposed use. He noted that the owner is required to assume all risk and liability in the event the applications are not approved. Councillor K. Redman questioned the issue of a building permit noting that there were renovations required for the proposed use. Mr. J. Witmer advised that he could issue a permit based on the existing use that would allow for installation of washrooms in space which is presently vacant. In response to Councillor Jake Smola, Mr. T. McCabe advised that the required parking met the zoning requirements based on the formula applicable to plaza use. On motion by Councillor M. Wagner - it was resolved: "That enforcement of the City's Zoning By-law be waived with respect to a commercial recreation business at the Southwood Plaza, 248 Stirling Avenue South and temporary occupancy be approved subject to the business vacating the location in the event the Zone Change Application and the concurrent Municipal Plan Amendment Application is not approved by the Ontario Municipal Board in a form that would permit this use. Further that in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of final disposition of these applications." COMPLAINT RE SIDEWALK ICE AND SNOW REMOVAL Mr. Uwe Harders appeared as a delegation and advised that with his substantial vision impairment he was incurring increasing difficulty when walking on sidewalks that have not been cleared of ice PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JAN UARY 8, 1996 -5- CITY OF KITCHENER and snow and negotiating snowbanks that pile up at City intersections blocking access to sidewalks. He commented that he saw the enforcement procedure as a problem that needs revision and also suggested that each year a media alert be published that outlines the importance of clearing sidewalks for the benefit of members of the community with disabilities. He also suggested that the City might consider a privatized basis to process complaints and it was his view that the current $75.00 fee was not a deterrent to certain property owners. Councillor John Smola advised that he had suggested Mr. Harders attend the Committee and noted that the delegation has given the addresses of concern to by-law enforcement staff. Also, he acknowledged the problem created by snowplows when they round corners and build up piles of snow at the sidewalk access point. In addition, another problem was identified involving snow clearing where pedestrians are required to cross over traffic islands. Mr. K. Tribby commented on the procedures wherein complainants point out specific addresses and staff subsequently inspect all properties within the block containing the property that is the subject of the specific complaint. He indicated that staff would be willing to drive the usual route walked by Mr. Harders and assist him with identification of the specific properties that are not in compliance with the snow clearing by-law. On the matter of clearing of access over traffic islands, he suggested this was a matter for the Public Works Department to address. Councillor J. Ziegler suggested the delegation meet with staff to identify the problem areas and specific properties. Councillor Jake Smola questioned if given the complaint volumes experienced by by-law enforcement officers, parking control staff could assist the enforcement officers on an as required basis if they were to receive cross-training. Mr. K. Tribby suggested that the City revisit its policy and reconsider the criteria approved to handle complaints concerning snow and ice removal from sidewalks. It was agreed that Councillor Jake Smola would discuss this matter further with the City staff and bring the matter forward at a future meeting of the appropriate committee. 9. ADJOURNMENT On motion, the meeting adjourned at 4:15 p.m. L.W. Neil, AMCT Assistant City Clerk