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HomeMy WebLinkAboutPlng & Econ Dev - 1996-02-19PED\1996-02-19 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES FEBRUARY 19, 1996 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:13 p.m. under Councillor C. Weylie, Chair, with the following members present: Councillors K. Redman, B. Vrbanovic, T. Galloway, M. Yantzi, J. Ziegler, M. Wagner and Jake Smola. Councillor G. Lorentz entered the meeting shortly after its commencement. Officials present: Ms. V. Gibaut, J. Jantzi, C. Ladd, S. Frenette and Messrs. T. McKay, T. McCabe, B. Stanley, J. Shivas, D. Mansell, R. Mattice, L. Masseo, P. Wetherup and L.W. Neil. 1. ECONOMIC DEVELOPERS COUNCIL OF ONTARIO INC. (EDCO) Councillor C. Weylie advised that she was in receipt of a letter dated February 6, 1996 from the Economic Developers Council of Ontario Inc., announcing the election of Ms. Valerie Gibaut as Director and Executive member of EDCO. In this regard, Ms. Gibaut will be serving as EDCO's Secretary-Treasurer and Chair of the Sponsorship Partnership Programme. On behalf of Members of City Council, Councillor C. Weylie extended congratulations to Ms. Gibaut on this appointment. OFFER TO PURCHASE - LANCASTER CORPORATE CENTRE, LOT 12 - GREREI INVESTMENT LIMITED - BRIDGEPORT-NORTH WARD The Committee was in receipt of a report dated February 12, 1995 from Ms. J. Jantzi recommending acceptance of a purchase offer from Grerei Investment Limited respecting lands in the Lancaster Corporate Centre. Ms. Jantzi explained that Grerei Investment Limited originally purchased Lots 6 & 7 and at the time requested approval to place top soil on adjoining lands which are the subject of the offer being considered this date. The City refused the request; however, the company proceeded to store top soil on the site and following discussions of the entire situation, Grerei has been requested to purchase these lands where the ground water monitoring wells are inoperable. She noted the lands are considered "Hazard Land" and a valuation of $5,000 per acre has been placed on them. Councillor J. Ziegler questioned what costs the City incurred for installation of the wells. Ms. V. Gibaut advised that the City required the consulting engineer to install the wells because of methane gas but that she did not have costs at hand. She emphasized that the matter has been under discussion for some length of time and during which care was taken not to jeopardize the Ernst & Young building proposal. Mr. J. Shivas advised that the lands in question were basically not suitable for building purposes and were contaminated which gave rise to the installation of the monitoring wells. He then spoke to the issue of indemnification to the respective parties and stated that in his opinion the recommendation was beneficial to the City. On motion by Councillor T. Galloway - it was resolved: "That the City accepts, and the Mayor and Clerk be authorized to execute, an Offer to Purchase from Grerei Investment Limited with respect to lands composed of Part 1 on Reference Plan 58R-10075, having a frontage of about 126 metres and an area of about 1.34 acres on Riverbend Drive; at the purchase price of $5,000 per acre, for a total purchase price of $6,700." DOWNTOWN UPDATE Ms. S. Frenette referred to the e-mail summary of downtown activities that she had sent to Members of Council and the Downtown Action Team last Friday and requested feedback on that method of communication. Councillors B. Vrbanovic and K. Redman indicated their support of such procedure and Ms. Frenette agreed to continue to do so each Friday afternoon and would make a copy of the information available to members of the media. DOWNTOWN UPDATE (CONT'D) Councillor G. Lorentz entered the meeting at this point. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES FEBRUARY 19, 1996 - 29 - CITY OF KITCHENER The matter of a demolition application for the former St. Jeromes High School, 100 Duke Street West, was then raised in relation to downtown issues. Mr. T. McCabe advised that in 1991, with the downtown zoning that was negotiated with the owners of the St. Jeromes block, additional permitted uses such as retail were included in the zoning in exchange for their agreement on a future Heritage Easement that was to be registered on the significant portions of the St. Jeromes building. Accordingly, a Holding symbol was applied in the zoning by-law to the effect that the only permitted uses were to be educational establishments until such time as a Heritage Easement was registered on the land and the City removed the Holding symbol by by-law. In effect, if the building is demolished, no Heritage Easement could be registered and the only uses that would be permitted would be educational. He stressed that if the building was removed and only education use was permitted, the demolition may sterilize the usability of the land. Councillor B. Vrbanovic commented that while the news was disconcerting in that the owners intend to apply for demolition approval, it was in fact an opportunity for all parties with an interest in preserving the original structure to join together to mount an effective campaign. On motion by Councillor M. Wagner - it was resolved: "That the Demolition Application submitted for the former St. Jeromes High School property, 100 Duke Street West, be referred to the Local Architectural Conservation Advisory Committee for consideration and report to City Council." PD 96/13 -WESTMOUNT ROAD & FISCHER-HALLMAN ROAD EXTENSION - SUBDIVISION APPLICATION 30T-93005 - MAX BECKER ENTERPRISES LTD. - SOUTH WARD The Committee was advised that the Department of Planning and Development was in receipt of a Subdivision Application from Max Becker Enterprises Ltd., pertaining to 10.55 hectares of land located at the southwest intersection of Blockline Road and Westmount Road. The lands within this plan include a large portion of the future rights of way for the Fischer-Hallman Road extension and the new alignment for Westmount Road. In this regard the Committee was in receipt of Planning and Development Staff Report PD 96/13 dated February 9, 1996. It was noted in the report that the applicant is proposing to subdivide the lands to allow for the development of a mixture of semi-detached dwellings and street townhouses. The total number of dwelling units may range between 50 and 143. Also noted within the report was the fact that since the plan is not contingent nor coupled to a zone change application, Council's delegation policy would have allowed a recommendation for draft approval to be given by the City's General Manager of Planning and Development. The delegation policy has several criteria, one of which requires that if there is any disagreement by the applicant to the overall recommendation or any condition within the recommendation for draft approval, the plan must be referred to the Planning Committee. In this case, one matter remains outstanding and both the General Manager and the applicant have requested the matter be considered by the Planning and Economic Development Committee. Ms. C. Ladd briefly reviewed the purpose of the application and existing zoning on the subject lands. She then pointed out that the one issue in dispute relates to the dedications required for the last link of the Fischer-Hallman Road right-of-way and the Westmount Road realignment. She advised that the applicant has requested that the City consider staging the subdivision plan and that the appropriate dedications of Fischer-Hallman Road extension also be staged accordingly. Ms. Ladd advised that it has been standard practice for the City to require an entire road right-of- way to be dedicated with stage 1 of any plan of subdivision and this has been made clear to the applicant. Mr. Mel Code appeared as a delegation on behalf of Max Becker Enterprises Limited and submitted a report dated February 19, 1996 advising that the owner was in agreement with all the conditions of draft approval except that it is desired to register the plan in two stages. PD 96/13 -WESTMOUNT ROAD & FISCHER-HALLMAN ROAD EXTENSION - SUBDIVISION APPLICATION 30T-93005 - MAX BECKER ENTERPRISES LTD. - SOUTH WARD (CONT'D) Specifically, the request is to register the residential portion of the plan and abutting Fischer- PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES FEBRUARY 19, 1996 - 30 - CITY OF KITCHENER Hallman Road dedications as stage 1. He indicated that they oppose the staff recommendation to register the whole plan including the two blocks which will remain unusable until the Fischer- Hallman Road extension and Westmount Road realignment are completed. His report summarized reasons that have been given to the City as a basis for allowing the staging of the plan as requested by the applicant and he proceeded to review these with the Committee. Following the presentation, Councillor T. Galloway questioned if the applicant was really looking for sewage capacity that would allow for development of their entire holdings in this area and Mr. Code advised that their engineering consultants would be coming forward with an information report as to future development and servicing after March 1st. Councillor Galloway then questioned if the issue was premature. Mr. D. Mansell commented on the engineering situation as to developers with lands in the Borden Shed and in the Strasburg Shed and stated that any suggestion of pumping into the Borden system in order for development of lands in the Strasburg system to proceed was premature for a number of reasons. Councillor T. Galloway questioned what the objection of the Public Works Department would be if the developers consultants indicated there was available capacity in the Borden Shed. Mr. Mansell stated that it would be necessary for the Planning Department to negotiate this issue with those developers within the natural drainage shed of Laurentian West. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, appeared as a delegation on behalf of Activa Development Corporation to indicate support for the staff recommendation that would require the full dedication of all the lands necessary for the right-of-way for the Fischer-Hallman Road extension. He noted that two weeks ago he had appeared on behalf of Activa and a similar condition was included in their plan of subdivision. He stated that the issues presented by Mr. Code this date respecting capacity and the securing of the public right-of-way of Fischer-Hallman Road extension into public ownership were unrelated. Councillor T. Galloway then raised further questions with regard to the pumping request and the issues of capping. Mr. T. McCabe commented that the issue under discussion was whether it was appropriate to require dedication of arterial roads to ensure there are no missing links. He commented that the arguments presented at this meeting have nothing to do with the dedication issue. He noted that the only issue that might be considered premature was that related to Development Charges and that issue could be addressed and charges delayed and deferred to accommodate a specific situation. He noted that there were many advantages to ensuring that the lands required for right- of-way were brought into public ownership. Councillor T. Galloway commented that the planning that has taken place with regard to the Laurentian West community has been a model of cooperation and in the interests of maintaining that approach he suggested the application be deferred to explore existing differences of opinion. He further indicated that he would like to see the consultants report as to whether the Borden Shed could accommodate another 1600 unit development from lands outside of the shed. He noted that the new Building Code requires Iow flush toilets and that there may be excess capacity in existing sanitary sewers given the new standard levels. Further, he noted that other water conservation efficiencies were now coming into play and may also result in excess sewage capacity. On motion by Councillor T. Galloway - it was resolved: "That consideration of Planning and Development Staff Report PD 96/13, Subdivision Application 30T-93005 (Max Becker Enterprises Ltd.), be deferred to allow the applicant to submit certain engineering reports to and analysis by the Department of Public Works followed by further negotiations before the matter is referred back to the Planning and Economic Development Committee." PD 96/14 - 51 FRANCIS STREET SOUTH - DEMOLITION CONTROL APPLICATION DC 95191FIRM - QUEEN NORTH PROPERTIES LTD. - VICTORIA PARK WARD The Committee was in receipt of Planning and Development Staff Report PD 96/14 dated February 7, 1996. The report deals with a demolition control application submitted by Queen PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES FEBRUARY 19, 1996 - 31 - CITY OF KITCHENER North Properties Ltd., with regard to the property known municipally as 51 Francis Street South. It was noted in the report that the applicant proposes to demolish the house due to fire damage and leave the lot vacant to facilitate sale and future development. The subject dwelling is a one and 3/4 storey building which originally was a single family home but converted to a duplex and it has been estimated that $89,000 would be required to bring the structure up to standard. Mr. B. Stanley summarized the purpose of the application and advised that he had nothing further to add to the report. Councillor M. Wagner indicated that originally he was not in favour of the demolition but now supported the necessity for it. Councillor M. Yantzi questioned what the tax benefit to the property owners would be once the dwelling assessment is lost as a result of demolition and the property left vacant. Mr. Stanley advised that the taxes would increase as a result of the property being reclassified from residential to commercial. On motion by Councillor M. Wagner - it was resolved: "That Demolition Control Application DC 95/9/FIRM (Queen North Properties Ltd.) requesting approval for the removal of a single detached dwelling located at 51 Francis Street South legally described as part lot 129 and part lot 130, registered plan 375 be approved. It is the opinion of this Committee that approval of this application is proper planning for the City." PD 96~9 - TABLING AND REFERRAL - REVISED STORM WATER MANAGEMENT FACILITIES DESIGN PRINCIPLES The Committee was in receipt of Planning and Development Staff Report PD 96/9 dated February 7, 1996. The report deals with a proposal for revised Storm Water Management Facilities Design Principles. Background issues relative to required water quality treatment and water quantity retention since the year 1990 were touched on in the report. Mr. B. Stanley briefly summarized the report and the attached revised proposed document and advised that the purpose for consideration this date was to request that the Committee table the report and direct circulation to several organizations for input. In reference to the report, he noted that staff took the initiative to develop the Facilities Design Principles on a Region wide basis including the City of Guelph and the Grand River Conservation Authority. He stated that the respective jurisdictions were now proceeding to consider the report individually. On motion by Councillor K. Redman - it was resolved: "That Planning & Development Staff Report PD 96/9, "Storm Water Management Facilities Design Principles", be tabled for information, and the Department of Planning and Development be directed to circulate to the K-W Home Builders Liaison Committee, the City's Environmental Committee, Development and Consulting Industry for input." PD 96/7 - REQUEST FOR PROCESSING OF MUNICIPAL PLAN AMENDMENT - PART 3, SECTION 2 - NODES AND CORRIDORS The Committee was in receipt of Planning and Development Staff Report PD 96/7 dated February 9, 1996 which requests approval to process a Municipal Plan Amendment relative to Part 3, Section 2 - Nodes and Corridors. PD 96/7 - REQUEST FOR PROCESSING OF MUNICIPAL PLAN AMENDMENT - PART 3, SECTION 2 - NODES AND CORRIDORS (CONT'D) Mr. T. McCabe advised that staff had nothing further to add to the report. He did state that as a result of the department applying policies of the new Municipal Plan, a few weaknesses have been identified within certain areas and staff propose to undertake a detailed review of the policies to PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES FEBRUARY 19, 1996 - 32 - CITY OF KITCHENER address these deficiencies. He noted that an earlier referral has yet to be resolved in conjunction with the amendment undertaking being proposed this date. On motion by Councillor T. Galloway - it was resolved: "That a City initiated Municipal Plan Amendment for Part 3, Section 2 of the City's Municipal Plan -'Nodes and Corridors' be processed, it being understood that such processing not be construed as granting approval or refusal of the proposed amendment." PD 95/128 - ERINBROOK DRIVE/WATERFORD ROAD/WESTMOUNT ROAD - REVISION TO COUNTRY HILLS WEST COMMUNITY PLAN - ZONE CHANGE APPLICATION 95/18/E/ZJ - SALVATION ARMY - SOUTH WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from the Salvation Army to change the zoning of a 2.643 hectare (6.53 acre) parcel of land with frontage along Erinbrook Drive, Waterford Road and Westmount Road. The proposed zoning change is from Residential Six Zone (R-6) to Community Institutional (I-2) with Special Use Provision 217U and Special Regulation Provision 222R according to By-law 85-1. In concert with the zone change application, a revision to the Country Hills West Community Plan is proposed. In this regard the Committee considered staff report PD 95/128 dated January 16, 1996 and a proposed by-law dated December 20, 1995 attached to the report. It was noted in the report that the applicant proposes to rezone the property in order to erect a church, provide senior programs and construct a senior citizen residential complex of approximately 175 units with a link between the buildings via an above ground enclosed corridor. 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 staff had nothing further to add to the report under consideration. In response to Councillor J. Ziegler, he advised that following clarifications that were given concerning the proposal, there were no continuing objections from area residents. Mr. Mel Code appeared as a delegation on behalf of the applicant and indicated his clients support for the recommendations in the staff report. No other delegations were registered respecting this matter. Councillor T. Galloway commented on the planning process that took place in regard to this issue and expressed appreciation to the various individuals involved in the process. On motion by Councillor T. Galloway - it was resolved: "A. That the Country Hills West Community Plan be revised as follows: That Map 1 "Land Use" be revised to change the designation of the 2.643 hectare parcel of land situate at the southwest corner of Erinbrook Drive and Waterford Road from "Multiple Residential" (40 uph) to "Community Institutional" as shown on the revised Map 1 attached, dated January 1996. It is the opinion of this Committee that approval of this revision to the Community Plan is proper planning for the City. PD 95/128 - ERINBROOK DRIVE/WATERFORD ROAD/WESTMOUNT ROAD - REVISION TO COUNTRY HILLS WEST COMMUNITY PLAN - ZONE CHANGE APPLICATION 95/18/E/ZJ - SALVATION ARMY - SOUTH WARD (CONT'D) That Zone Change Application 95/18/E/ZJ (Salvation Army) requesting a change in zoning from Residential Six Zone (R-6) to Community Institutional (I-2) with Special Use Provision 217U and Special Regulation Provision 222R all according to By-law PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES FEBRUARY 19, 1996 - 33 - CITY OF KITCHENER 85-1, on Blocks 128 and 129, Registered Plan 1819 be approved in the form shown in the "Proposed By-law" attached, dated December 20, 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 City's Municipal Plan." PD 96~3 - MIDLAND DRIVE EAST OF OTTAWA STREET NORTH - ZONE CHANGE APPLICATION 951231MIPMB - MIKE VOLL INVESTMENTS LTD. - CHICOPEE WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from Mike Voll Investments Ltd., to change to zoning of a parcel of land on Midland Drive east of Ottawa Street North. The proposed zoning change is from Residential Nine Zone (R- 9) to Residential (R-8) with Special Regulation Provision 221 according to By-law 85-1. In this regard the Committee considered Planning and Development Staff Report PD 96/3 dated January 17, 1996 and the proposed by-law dated December 20, 1995 attached to the report. It was noted in the report that the proposed zone change will change the zoning from R-9 to R-8 to implement the Medium Rise Residential land use designation of the City's New Municipal Plan and reduce the minimum floor space ratio from 0.6 to 0.3. The change in zoning will permit the development of approximately 32 townhouses, which are intended by the applicant to be designed specifically for seniors. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Ms. C. Ladd requested that the Committee defer this zone change and refer it to the Committee's March 4, 1996 meeting. She explained that there was some confusion as to land tenure relative to the proposal and because of this, some technical problems could arise with respect to the proposed zoning by-law. Mr. Mark Dorfman was in attendance on behalf of the applicant but did not request to make a presentation. No other delegations were registered respecting this matter. On motion by Councillor J. Ziegler - it was resolved: "That consideration of Zone Change Application 95/23/M/PMB (Mike Voll Investments Ltd., Midland Drive) be deferred and referred to the March 4, 1996 Planning and Economic Development Committee meeting." The Chair requested that if anyone else was in attendance and wished further notification with regard to this matter, they register with the Clerk and no response was forthcoming. 10. PD 95/127 - 185-187 BORDEN AVENUE SOUTH - ZONE CHANGE APPLICATION 951221BIPMB - MARGARET ZETTEL - ROCKWAY-ST. MARY'S WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from Margaret Zettel to change the zoning of lands known municipally as 185-187 Borden Avenue South. The proposed zoning change is from General Industrial (M-2) with Special Regulation Provision 1 and Special Use Provisions 159 and 165 to General Industrial (M-2) with Special Regulation Provision 1 and Special Use Provisions 159 and 216 according to By-law 85-1. In this regard the Committee considered Planning and Development Staff Report PD 95/127 dated January 9, 1996 and the proposed by-law dated January 5, 1996 attached to the report. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES FEBRUARY 19, 1996 - 34 - CITY OF KITCHENER 11. It was noted in the report that the proposed zone change has been initiated by the City of Kitchener to resolve two objections to the Ontario Municipal Board to By-law 95-106. By-law 95- 106 allowed stamping, blanking or punch pressing of metal as a permitted use on the subject property whereas the proposed by-law will allow stamping, blanking or punch pressing only as an accessory use. 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 referred to the background relating to this property commencing with the zoning implemented by By-law 95-106. He indicated that the current zone change proposal was part of a negotiated settlement with neighbouring property owners and advised that subject to the new by- law that will result from this zone change, all previous by-law objections have now been withdrawn. No delegations were registered with respect to this matter. On motion by Councillor M. Wagner - it was resolved: "That Zone Change Application 95/22/B/PMB (Margaret Zettel, 185-187 Borden Avenue South) requesting a change in zoning from General Industrial (M-2) with Special Regulation Provision 1 and Special Use Provisions 159 and 165 to General Industrial (M-2) with Special Regulation Provision 1 and Special Use Provisions 159 and 216 according to By- law 85-1, on Lots 174, 175 and 176, Plan 262, be approved in the form shown in the attached "Proposed By-law", dated January 5, 1996, 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 City's Municipal Plan." ADJOURNMENT On motion, the meeting adjourned at 4:30 p.m. L.W. Neil, AMCT Assistant City Clerk