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HomeMy WebLinkAboutPlng & Econ Dev - 1996-04-22PED\1996-04-22 APRIL 22, 1996 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:10 p.m. under Councillor C. Weylie, Chair, with the following members present: Councillors K. Redman, M. Wagner, M. Yantzi, John Smola, Jake Smola, B. Vrbanovic, T. Galloway and G. Lorentz. Mayor R. Christy and Councillor J. Ziegler entered the meeting shortly after its commencement. Officials present: Ms. V. Gibaut, J. Jantzi, C. Ladd, J. Given and Messrs. T. McKay, T. McCabe, B. Stanley, D. Mansell, J. Witmer, P. Wetherup and L.W. Neil. OFFER TO PURCHASE - HURON BUSINESS PARK, SITE 130, LOT D, PT. LOT C - MSD MACHINE TOOL INC. The Committee was in receipt of a memorandum dated April 18, 1996 from Ms. J. Jantzi and V. Gibaut respecting an offer to purchase submitted by MSD Machine Tool Inc., relative to an approximate 1.02 acre parcel of land in Phase I of the Huron Business Park for a net price of $58,519. Further details regarding background of this offer to purchase and the nature of the company were outlined in the staff report. Ms. V. Gibaut advised that staff had nothing further to add to the report under consideration. Ms. J. Jantzi described and illustrated the parcel of land being purchased and indicated the portions of the property affected by sanitary sewer easement and storm water management. No delegations were registered respecting this matter. On motion by Councillor T. Galloway - it was resolved: "That the City accept, and the Mayor and Clerk execute an Offer to Purchase submitted by MSD Machine Tool Inc., with respect to land in Phase I of the Huron Business Park composed of Part of Site 130 based on a draft plan by Metz & Lorentz, dated March 1995 under the original Reference Plan 58R-7008 Parts 5, 6, 7 which will be severed and referenced prior to closing of this Offer to Purchase, and consisting of approximately 1.002 acres at a total purchase price of approximately $58,519.00 based on approximately 0.733 usable acres @ $78,000/acre plus approximately 0.269 unusable acres @ $5,000/acre. The Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor." 2. DOWNTOWN UPDATE Mr. T. McCabe advised that he had no further information to update the Committee regarding downtown issues over and above the e-mail notice members of Council received from Ms. S. Frenette this date. PD 96~33 - PIONEER TOWER WEST REFERRALS - REQUEST FOR DIRECTION RE PROCESSING OF APPLICATIONS The Committee was in receipt of Planning and Development Staff Report PD 96/33 dated April 17, 1996. The purpose of the report is to present information in regard to referral of Pioneer Tower West applications to the Ontario Municipal Board and request direction to staff relative to further processing of all related planning applications in Pioneer Tower West. Mr. T. McCabe advised the Committee that when staff became aware of the referral of applications he directed Planning staff to cease all further processing of applications in Pioneer Tower West pending direction from the Committee as to the process that should be followed. He indicated that the report had been mailed out for information purposes only and that comments regarding process were not needed from either the consultants or the residents and that the intent had simply been for the Committee to confirm staff's involvement prior to the matter being considered and a decision rendered by the Ontario Municipal Board. Mayor R. Christy entered the meeting at this point. APRIL 22, 1996 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 49 - CITY OF KITCHENER PD 96~33 - PIONEER TOWER WEST REFERRALS - REQUEST FOR DIRECTION RE PROCESSING OF APPLICATIONS (CONT'D) Councillor T. Galloway advised the Committee that following the presentations of the delegations this date it was his intention to move a deferral of the Staff Report. Mr. Paul Britton appeared as a delegation on behalf of JHS Properties Inc. to advise of his client's support for Option 1 contained in the Staff Report PD 96/33. In addition, he made reference to the letter provided to the Committee from Mr. Barry Horosko of Bratty and Partners commenting on this issue. He indicated that his client intended to continue meetings with the neighbourhood associations to work toward resolution of outstanding planning issues. Councillor J. Ziegler entered the meeting at this point. Councillor T. Galloway questioned why Mr. Britton's client had found it necessary to refer the applications to the Ontario Municipal Board if progress was being made to the degree suggested by Mr. Britton. Mr. Britton replied that the attitudes on several issues are expressed in the minutes of information meetings and it was highly likely that the applications would be referred to the Ontario Municipal Board. Councillor Galloway questioned why the applicants did not wait until the planning process had been concluded before making a decision to refer the applications. Mr. P. Britton replied that it was his client's view that there had been sufficient public and technical input to reach conclusions and that there was a desire for a timely resolution to planning issues. In response to Councillor C. Weylie, Mr. Britton advised that the applications have been in process for several years and that some of the concerns being expressed were not new and had received discussion in the early 1980's. As to the OMB process, he expected that identification of issues would take place this summer following which the OMB would set a hearing date. It was also his view that Option 1 within the Staff Report represented a professional approach to resolution of planning issues. Mr. Paul Puopolo appeared as a delegation on behalf of a numbered company, that has since been renamed, that is developing lands in Pioneer Tower West. He advised that his clients have not made a request for referral yet and that they have been working to resolve heritage and odour issues. Mr. Puopolo indicated that his clients may have no choice but to become part of the referral process at some point in time. In any event, he recommended that the Committee support Option 1 in the Staff Report. Mr. Bill Green appeared as a delegation on behalf of Krizsanderson Developments which owns approximately 58 acres behind Lulu's. He indicated that his clients were co-applicants seeking to develop lands with JHS Properties in 1992. Mr. Green advised that his clients have not made a request for referral at this time but intend to do so and were in support of the JHS Properties submission. He commented that an Ontario Municipal Board hearing should not be expected before the end of the year and that time frame left substantial opportunity for the planning process to continue to resolve issues at the local level before the matter is considered by the OMB. Councillor T. Galloway again stated that he had difficulty understanding the actions of the developers in referring the applications if there was such an intent on their part to follow through with the planning process. In response, Mr. B. Green advised that his clients have been participating in the planning process and have never turned down an opportunity to discuss issues but that his clients need to be assured that an end to the process was in sight. Mr. James Richard appeared as a delegation on behalf of the Pioneer Sportsman Club and advised that he was in agreement with the positions expressed by the previous delegations and that his client was in support of Option 1 in the Staff Report. He commented that the very diverse interests in the development area require a broad approach to planning and resolution of issues. Mr. Gordon Nichols appeared as a delegation on behalf of the Grand Hill Village Association in the absence of Mr. P. Kuntz who was unavailable. He advised that the report was only just received and that the Association had been unable to consider the matter in depth. He referred to several statements contained on pages 2 and 3 of the report and stated that it was his hope that community involvement would be allowed to continue and that their community input was PD 96~33 - PIONEER TOWER WEST REFERRALS - REQUEST FOR DIRECTION RE PROCESSING OF APPLICATIONS (CONT'D) APRIL 22, 1996 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 50 - CITY OF KITCHENER = = not taken as just tokenism. Mr. Nichols agreed that the Committee should continue to receive professional planning advice but he did note that there was a level of cynicism within the community with respect to the planning process as to a balanced, unbiased viewpoint of staff. He indicated that at this time the residents would prefer an approach that combines Options 1 and 2 listed in the Staff Report but again stated that Planning staff require some direction in order to bring objectivity to the entire process. Councillor M. Yantzi questioned what Mr. Nichols meant by blending Options 1 and 2 and what kind of direction was envisioned. Mr. Nichols replied that some key issues were philosophical and go beyond technical planning issues. In response to Councillor C. Weylie, Mr. Nichols advised that LACAC was aware of the neighbourhood concerns and Councillor M. Wagner confirmed that detailed work on LACAC issues has been undertaken with Mr. Paul Puopolo. Mr. Nichols pointed out that the density issue was crucial to the entire subject. He advised that in the early 1980's a process had been undertaken resulting in a negotiated plan for the entire area and it should be questioned whether the entire issue should be re-opened which could result in the level of density almost doubling. On the matter of the referral of the applications, Councillor M. Yantzi questioned if Mr. Nichols thought the applications could be resolved locally. Mr. Nichols, speaking from a personal point of view only, stated that it was his view that the residents were close to an agreement with all parties except one and confirmed that there had been progress at the last few meetings. Mayor R. Christy referred to the comments of Mr. Nichols concerning the objectivity of Planning staff and stated that it was his view that staff were the only source of objectivity compared to the subjectivity of the applicants and the residents and that it was appropriate for staff to act in a mediating capacity. He commented that the Ontario Municipal Board consideration would add a further element of objectivity and that he was encouraged to hear of the progress that has been made at the local level to date. No other delegations responded to an invitation from the Chair to address the Committee on this matter. Councillor T. Galloway advised that area residents are requesting deferral of the Staff Report to allow for an opportunity to evaluate the various options. He noted it was important for the neighbourhood groups to have the time they need to meet and discuss these options that are available under the process and thereby ensure that the residents feel that they are part of the process. Councillor J. Ziegler stated that he supported a deferral and that a 3 week delay was not unreasonable. In response to Mayor R. Christy, Ms. J. Given advised that many of the outstanding issues were close to being resolved. It was clarified that if the recommendation in the Staff Report was deferred that staff would not do any further work on any of the applications until the Committee has dealt with the matter. Mayor R. Christy stated that he thought the outstanding issues could be worked on in the interim. Mr. T. McCabe advised that since the Ontario Municipal Board referral was somewhat like a lawsuit, staff consider it appropriate not to act until direction is received from City Council. He pointed out that any deferral would result in the necessity to hold planning meetings with the community during summer months. On motion by Councillor T. Galloway - it was resolved: "That consideration of Planning & Development Department Staff Report PD 96/33 be deferred and referred to the May 13, 1996 meeting of the Planning and Economic Development Committee." PD 96/26 - 1401 RIVER ROAD - ZONE CHANGE APPLICATION 96/1/R/JG - GJF HOLDINGS INC. - CHICOPEE WARD The Committee was advised that the Department of an application from GJF Holdings Inc., to change the PD 96126 - 1401 RIVER ROAD - ZONE CHANGE APPLICATION 96/l/R/JG - GJF HOLDINGS INC. - CHICOPEE WARD Planning and Development was in receipt of zoning of the property known (CONT'D) municipally as 1401 River Road so as to allow the following uses in addition to the Convenience APRIL 22, 1996 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 51 - CITY OF KITCHENER = = Commercial (C-1) uses: artisan's establishment, day care facility, health clinic, social service establishment and veterinary services. In this regard the Committee considered Planning and Development Staff Report PD 96/26 dated March 21, 1996 and the proposed by-law dated March 11, 1996 attached to the report. It was noted in the report that the subject convenience commercial plaza is located at the corner of Fairway Road and River Road and that the owners have had considerable difficulty filling a vacant unit and that in addition to a proposed veterinary services operation they request additional commercial/institutional uses as alternatives to the veterinary use. The Municipal Plan establishes criteria for the location of new "higher order" commercial and institutional uses in Low Rise Residential areas. Criteria in this regard is discussed in the report and staff are satisfied that the zone change is in compliance with the 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. Staff had nothing further to add to the report under consideration. Ms. Anna D'Aleffandro, AVD Planning and Development Consulting Limited, advised that she was representing GJF Holdings Inc.. She commented on the purpose of the application and advised that her client was in favour of the staff recommendation. No delegations responded to an invitation from the Chair to address the Committee on this matter. Councillor B. Vrbanovic stated that he supported the applications and he was not aware of any concern of ward residents in that regard. On motion by Councillor B. Vrbanovic - it was resolved: "That Zone Change Application ZC 96/1/R/JG (GJF Holdings Inc.), adding uses to the C-1 Zone at 1401 River Road, be approved in the form shown in the attached "Proposed By- law", dated March 11, 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." The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Monday, April 29, 1996. PD 96/34 - DEMOLITION APPLICATION REQUEST FOR ST. JEROMES - DOWNTOWN ADVISORY COMMITTEE RECOMMENDATION The Committee was in receipt of Planning and Development Staff Report PD 96/34 dated April 12, 1996. It was noted in the report that at their meeting of April 11, 1996, the Downtown Advisory Committee adopted a resolution that supports Council refusing the Demolition Application for St. Jeromes and requests endorsement and referral to City Council for consideration in conjunction with a recommendation from LACAC which also deals with the Demolition Application. Mr. B. Stanley advised that staff had nothing further to add to the report under consideration. Councillor J. Ziegler stated that it was his understanding a decision did not have to be made until May 13 which would allow more time for consideration of the matter. Mr. Stanley advised that at the April 29 Council meeting a decision on recommendations from both LACAC and the Planning and Economic Development Committee could be delayed and referred to May 13. PD 96/34 - DEMOLITION APPLICATION REQUEST FOR ST. JEROMES - DOWNTOWN ADVISORY COMMITTEE RECOMMENDATION (CONT'D) No delegations were registered respecting this matter. On motion by Councillor M. Wagner - it was resolved: APRIL 22, 1996 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 52 - CITY OF KITCHENER "That the following resolution of the Downtown Advisory Committee be referred to the Council meeting of April 29, 1996 for consideration by Council in conjunction with the recommendation of LACAC dealing with the Demolition Application for St. Jeromes: That the Kitchener Downtown Advisory Committee are in support of Council refusal of the Demolition Application for St. Jeromes." PD 96/36 - KITCHENER COMMENTS ON DELEGATION OF APPROVAL AUTHORITY FROM THE REGIONAL MUNICIPALITY OF WATERLOO - PLANS OF SUBDIVISION, PLANS OF CONDOMINIUM AND PART LOT CONTROL EXEMPTION BY-LAWS The Committee was in receipt of Planning and Development Staff Report PD 96/36 dated April 17, 1996 dealing with delegation of approval authority from the Region to the City of Kitchener for plans of subdivisions, plans of condominiums and part lot control exemption by-laws. Staff had nothing further to add to the report under consideration. On motion by Councillor John Smola - it was resolved: "That Kitchener City Council advise the Regional Municipality of Waterloo that it supports the delegation of approval authority from the Region to the City of Kitchener for Plans of Subdivisions, Plans of Condominium and Part Lot Control Exemption By-laws and further that the City of Kitchener acknowledges and supports the criteria to obtain delegated approvals as follows: a) Up to date official plan policies and implementing zoning by-law standards, in conformity to the ROPP; b) An effective system of neighbourhood or community planning for local services and a Staging of Development program; c) An integrated fee structure with administrative responsibilities to be exercised by the area municipality;" PD 96~25 - 140 HIGHLAND ROAD WEST - ZONE CHANGE APPLICATION 951271HIJW - GLADYS HUDELMAIER - VICTORIA PARK WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from G. Hudelmaier to change the zoning of lands known municipally as 140 Highland Road West. The proposed zoning change is from Residential (R-6) to Community Institutional (I-2). In this regard the Committee considered Planning and Development Staff Report PD 96/25 dated March 22, 1996 and the proposed by-law dated March 4, 1996 attached to the report. It was noted in the report that the purpose of the application is to permit Community Institutional uses, such as a doctor's office or clinic, day care centre or veterinarian, in addition to residential uses now permitted. The proposed by-law also includes a special regulation reducing the westerly side yard requirement of 140 Highland Road West to recognize the existing building location. As well, it was noted that the property which is located on the north side of Highland Road between West Avenue and Patricia Avenue is designated Medium Rise Residential in the City's Municipal Plan and that it was staff's view the proposed zone change complies with the Municipal Plan. PD 96~25 - 140 HIGHLAND ROAD WEST - ZONE CHANGE APPLICATION 951271HIJW - GLADYS HUDELMAIER - VICTORIA PARK WARD (CONT'D) It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. APRIL 22, 1996 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 53 - CITY OF KITCHENER = = Ms. C. Ladd advised that staff had nothing further to add to the report under consideration other than to point out that a revised proposed by-law had been distributed to the Committee this date which incorporates minor technical revisions to make wording consistent with other such regulations. No delegations responded to an invitation from the Chair to address the Committee on this matter. The staff recommendation and the revised proposed by-law were then considered. On motion by Councillor B. Vrbanovic - it was resolved: "That Zone Change Application ZC 95/27/H/JW (G. Hudelmaier) rezoning 140 Highland Road West from R-6 to I-2, be approved in the form shown in the attached revised "Proposed By-law", dated April 9, 1996 (replaces proposed by-law dated March 4, 1996), subject to the following conditions being satisfied prior to any readings of the By-law by Council: That the Owner arrange for notification, by letter from the Regional Municipality of Waterloo to the City Clerk, that Regional requirements for a noise study have been satisfied with respect to the proposed zone change; The Owner acknowledges that Condition 1 is required to be satisfied no later than 7 months from the day of Council having approved by resolution Zone Change Application 95/27/H/JW. In the event this requirement is not fulfilled within the 7 month period, Council shall consider rescinding its Zone Change approval. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan." The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Monday, April 29, 1996. PD 96/29 - 1305 VICTORIA STREET NORTH - ZONE CHANGE APPLICATION 95/29/V/PMB - GLOBAL AQUATICS - STANLEY PARK WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from Global Aquatics that would change the zoning at 1305 Victoria Street North. The proposed change would add the sale of pets and pet supplies as a permitted use in the C-6 zone and the proposed zoning change has been expanded to include approval of a comprehensive change to the C-6 zone throughout the City. In this regard the Committee considered Planning and Development Staff Report PD 96/29 dated March 21, 1996 and the proposed by-law dated March 21, 1996 attached to the report. It was noted in the report that staff are of the view that the use satisfies Municipal Plan criteria for service commercial areas and recommend approval of a comprehensive change to the C-6 zone to permit the sale of pets and pet supplies which includes the property located at 1305 Victoria Street North. 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. J. Given advised that staff had nothing further to add to the report under consideration. No delegations responded to an invitation from the Chair to address the Committee on this matter. PD 96/29 - 1305 VICTORIA STREET NORTH - ZONE CHANGE APPLICATION 95/29/V/PMB - GLOBAL AQUATICS - STANLEY PARK WARD (CONT'D) Councillor Jake Smola questioned what other businesses have requested a similar change. Ms. J. Given advised that the requests for change related to telephone enquiry calls but that there has been no formal follow-up in that regard. APRIL 22, 1996 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 54 - CITY OF KITCHENER 10. On motion by Councillor J. Ziegler - it was resolved: "That Zone Change Application ZC 95129NIPMB (Global Aquatics), representing a City- wide text change to the C-6 Zone, be approved in the form shown in the attached "Proposed By-law", dated March 21, 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." The Chair advised that this recommendation would be considered by City Council at its meeting to be held on Monday, April 29, 1996. REQUEST TO WAIVE ENFORCEMENT OF THE SIGN BY-LAW EASTWOOD COLLEGIATE INSTITUTE 40TH ANNIVERSARY The Committee was in receipt of a letter dated April 22, 1996, from Mr. E. Famme, Principal, Eastwood Collegiate Institute, requesting Committee approval of a portable sign that was placed on the school property without the appropriate permit having been obtained. It was indicated that the purpose of the sign was to advertise an alumni reunion event to celebrate Eastwood Collegiate's 40th anniversary and that the sign was scheduled to be removed on April 30. Approval was requested to allow the sign to remain in place until April 30. On motion by Councillor K. Redman - it was resolved: "That enforcement of the City's sign by-law be waived in accordance with the request and details contained in the letter, dated April 22, 1996, from Mr. Earl Famme, Principal, Eastwood Collegiate Institute, 760 Weber Street East, relating to placement of a portable sign until April 30, 1996 promoting the high school's alumni reunion to celebrate its 40th anniversary, subject to the sign being placed in a location acceptable to City staff." ADJOURNMENT On motion, the meeting adjourned at 4:30 p.m.. L.W. Neil, AMCT Assistant City Clerk