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HomeMy WebLinkAboutPlng & Econ Dev - 1996-10-07PED\1996-10-07 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 7, 1996 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:40 p.m. under Councillor C. Weylie, Chair, with the following members present: Mayor R. Christy and Councillors John Smola, G. Lorentz, K. Redman, T. Galloway, M. Yantzi, B. Vrbanovic, J. Ziegler, M. Wagner and Jake Smola. Officials present: Ms. L. MacDonald, C. Ladd, S. Frenette, J. Jantzi, P. Bacon, J. Given and Messrs. R.W. Pritchard, T. McCabe, B. Stanley, R. Mattice, P. Wetherup, O. den Ouden, T. Clancy, B. Arnot, J. Willmer, D. Mansell, G. Borovilos and L.W. Neil. PRESENTATION - DOWNTOWN RETAIL ACTION PLAN AND EXECUTIVE SUMMARY PD 96/93 - KDBA DOWNTOWN RETAIL ACTION PLAN The Committee was in receipt of the following: a letter dated October 3, 1996 from Ms. N. Brawley and attached document containing 15 key recommendations, many of which need assistance and/or action from the City of Kitchener, an Executive Summary of the Downtown Kitchener Retail Action Plan and Planning and Development Staff Report PD 96/93 providing background and a recommendation relative to the KDBA Downtown Retail Action Plan. Ms. S. Frenette noted that the Retail Action Plan prepared for the Kitchener Downtown Business Association by Thomas Consultants International Inc., was completed in February 1996 and shortly thereafter, formally presented at a special meeting held at the Walper Hotel. She noted that the report has never been officially received by the municipality for consideration as to the recommendations with a municipal perspective. Ms. Frenette advised that staff were looking for comments from the Committee and approval of the staff recommendation to refer the Downtown Retail Action Plan to Management Committee for review and consideration. Ms. N. Brawley appeared as a delegation to present the recommendations in the Retail Action Plan and recommendations of the KDBA on the issues identified in the Plan. By means of an overhead presentation, she briefly described and emphasized the 15 recommendations contained in her document submission. The Committee then posed a number of questions on issues contained in the Plan. Councillor M. Wagner questioned whether in the case of redevelopment, a developer could be forced to build a structure that was similar in height to adjoining property. In particular, he referred to an example of a one storey structure built on Scott Street. Mr. T. McCabe advised that the necessary flexibility was included within the zoning by-law and provided for a minimum two storey structure. Points were raised and discussion took place on the following issues: - recommendation #4 (redevelopment of King Centre) in relation to what total level of entertainment based activities could be absorbed in the downtown - recommendation #7 (mandatory opening hours) which was emphasized was premature and would be a slow process and was to be addressed as part of a three year marketing plan - recommendation #14 (street cleanliness and security) as to concerns over areas in the vicinity of bars and possible charge back of extra costs incurred for additional clean-up Councillor T. Galloway questioned if the Committee was the right forum to address some recommendations which appear to be major issues. Mr. T. McCabe advised that the intent was that the report be sent to Management Committee for their consideration and preparation of a report for Council's consideration. Mr. R.W. Pritchard advised that it was his expectation a report from Management Committee would come back to City Council on a piece meal basis as recommendations were addressed. It was also his expectation that specific additional funding would be required in connection with some of the recommendations. On motion by Councillor B. Vrbanovic - it was resolved: "That City Council receive the KDBA Downtown Retail Action Plan and refer the Plan, together with any Council comments, to Management Committee for review and consideration and report back to Council." At this point, Councillor C. Weylie extended congratulations and best wishes to Mr. George Borovilos in his new position with the City of St. Catherines. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 7, 1996 - 145 - CITY OF KITCHENER PD 96~80 - ADDENDUM TO PD 96~23 & PD 96/43 - CITY INITIATED REVISION TO BY-LAW 85-1 RE DUPLEXlNG/APARTMENTS IN HOUSES - ZONE CHANGE APPLICATION 961091TCIJW - CITY OF KITCHENER The Committee was in receipt of a report dealing with a City initiated zone change application. The zoning change would revise By-law 85-1 in respect to the matter of duplexes and apartments in houses. In this regard the Committee considered Planning and Development Staff Report PD 96/80, dated September 18, 1996, prepared as an addendum to Staff Reports PD 96/23 and PD 96/43 and a proposed by-law dated September 16, 1996 attached to the report. The revisions in the proposed by-law would have the following effect: - deleting duplexes as a permitted use in R-2 and R-3 zones -introducing a new 'vacuum' regulation recognizing legally existing duplexes as permitted uses in R-2 and R-3 zones - applying new zones Residential Two 'D' (R-2D) and Residential Three 'D' (R-3D) to permit duplexes in new plans of subdivision which received draft plan approval after the proclamation of Bill 120 (May 31, 1994) - removing the 'as-of-right' provisions which allow second units in all semi-detached houses and townhouses - increasing the requirement for minimum lot width to 10.5 metres (34.4 feet) and for minimum lot area to 325 square metres (3,500 square feet) for duplexes in Residential Zones R-4, R-5, R-6 and R-7 and Community Institutional Zone (I-2) The by-law would continue to permit tandem parking for duplexes, and allow one space to be provided less than 6 metres from the street line. It was noted in the Staff Report that at the Council Meeting held May 21, 1996 after considering and defeating the by-law proposed by staff, Council passed a resolution directing staff to prepare a new by-law for the meeting this date. It was pointed out that notice that the Committee would hold a public meeting this date had previously been given. Mr. T. McCabe briefly commented on the zone change application. He did note that the regulatory regulations that were considered by Council on May 21 st had unanimous support. He also noted that meetings and consultation had taken place with Inner City Neighbourhood Committee's. Mr. J. Willmer confirmed that staff had met with Neighbourhood Association Executive's to discuss implications of the zone change. Mr. Willmer advised that he wished to propose changes to the proposed by-law in respect to two issues. Firstly, he noted that he was in receipt of a request from the Subdivider acting on behalf of Hallman Aberdeen in regard to the proposed apartment block within Subdivision #30T-88007. He asked that the zoning change from R-2 to R-6 be corrected to R-7 with Special Use provision 179U as illustrated on Map #4 which he distributed. Secondly, he advised that due to an oversight two lots fronting Old Chicopee Trail had been omitted from consideration and the zoning change in that regard should be from R-3 with Special Use provision 174R to R-3D with Special Use provision 174R as outlined on Map #10 that was distributed. Also in respect to these two lots, Appendix 'D' of By-law 85-1 should be amended by adding the following subsection thereto: "174. Notwithstanding Section 37A.2 of this By-law, within the lands zoned R-3D on Schedule 252 of Appendix 'A', described as Part of Lot 118, German Company Tract, the minimum lot width shall be 19.0 metres." Mr. Willmer advised the Committee that with regard to the process in dealing with this application the public advertisement made general reference to the changes that were proposed and legally Council could consider rezoning inner city lands. In response to Councillor T. Galloway who questioned the requested revision in regard to the Hallman Aberdeen lands from PD 96~80 - ADDENDUM TO PD 96~23 & PD 96/43 - CITY INITIATED REVISION TO BY-LAW 85-1 RE DUPLEXlNG/APARTMENTS IN HOUSES - ZONE CHANGE APPLICATION 961091TCIJW - CITY OF KITCHENER (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 7, 1996 - 146 - CITY OF KITCHENER R-6 to R-7, Mr. Willmer advised that upon review it was found that there was no need to limit the density. In response to Councillor B. Vrbanovic respecting the requested revision on Map #10, Mr. Willmer advised that the subject parcel of land was acquired by Old Chicopee Estates. A motion by Councillor J. Ziegler to approve the recommendation in the staff report and the changes to the proposed by-law requested by Mr. Willmer was tabled for discussion. Ms. Trudy Beaulne appeared as a delegation to speak on behalf of the Inner City Neighbourhood Associations. She pointed out that in general the Inner City Neighbourhoods were opposed to the zone change proposal and of the view that duplexing should be maintained city wide. She advised that if the zone change was to be approved, then the Inner City Neighbourhood Associations request that the following matters be explored by City Council and the City Administration to equalize the impacts of retaining duplexing in the Inner City: "(1) Develop alternative zoning for Inner City neighbourhoods. For example, increase the minimum lot width and lot area requirements for duplexes in R-4 and R-5 zones. This zoning proposal would be applied comprehensively throughout the Inner City. (2) Develop specific zoning standards for each individual neighbourhood according to their interest. (3) Develop specialized zoning regulations to regulate design. This would include regulating the location and size of additions and exterior alterations such as fire escapes. (4) Make provision in the City's Site Plan Control By-law for duplexes if a physical change to the property is required to convert to duplex. (5) Investigate the overall issue of parking for duplexes with particular attention to tandem parking. (6) Increase property standards enforcement for Inner City neighbourhoods. This may include new approaches such as one day a week proactive enforcement. (7) Blitz Inner City neighbourhoods for property standards violations to gain leverage. (8) Investigate comprehensive solutions to develop an efficient property standards system, which may include developing fast tracking for repeat offenders and resolving existing trouble areas within the internal system. (9) Create a system of Neighbourhood Justice Centres which have as their focus mediated solutions for neighbourhood conflict. (10) Allocate additional funds for infrastructure improvements in neighbourhoods which retain duplexes in an attempt to help offset the cost related to the increased density." In response to Councillor M. Yantzi, Ms. Beaulne advised that the Neighbourhood Association's request that the issues that she has listed be considered before any changes to the zoning by-law are approved by City Council. Councillor T. Galloway commented on the densities in the suburbs and the present level of duplexing. He pointed out that the properties located in the Inner City have never paid into the lot levy fund and that much of the infrastructure funding originates from the lot levy fund. Councillor B. Vrbanovic commented that a number of the ideas put forward by Ms. Beaulne merit investigation; however, he was not supportive of two of them. He noted that he had difficulty in acknowledging the point with regard to infrastructure improvements and indicated that matter was a reflection of the reality of the times and was not necessarily linked to duplexing. In respect to the idea of neighbourhood justice centres, he pointed out that the City has a mediation service in place and Ms. Beaulne advised that what was really meant was to build on that service. Councillor John Smola advised that his concern PD 96~80 - ADDENDUM TO PD 96~23 & PD 96/43 - CITY INITIATED REVISION TO BY-LAW 85-1 RE DUPLEXING/APARTMENTS IN HOUSES - ZONE CHANGE APPLICATION 961091TCIJW - CITY OF KITCHENER (CONT'D) was the matter of downzoning a specific area in Bridgeport-North Ward affected by the previous PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 7, 1996 - 147 - CITY OF KITCHENER by-law revision. Ms. Beaulne commented that that issue was included in their submission as part of a common theme. Councillor Jake Smola posed questions that were responded to by Ms. Beaulne who mentioned the myth of substandard areas permitting duplexing and the rationale for the by-law as to those areas that retain duplexing needing to be assisted to overcome certain problems. Ms. Beaulne stated that her point was that the Inner City Neighbourhood Associations believe there is no problem with duplexing but must live with the myth in that regard and noted that if the by-law was revised the neighbourhoods want assurance of equal treatment. Ms. Donna Hutchins appeared as a delegation and advised that approximately 8 months ago she and her husband began to consider the purchase of two lots adjacent to Westmount Golf Course. She indicated that on one of the lots they had planned a granny flat; however, staff consider it to be a duplex situation and noted that after costly consideration of the proposal the by-law that would have permitted such duplex was now about to be changed. The Committee posed a number of questions to Ms. Hutchins who advised that she has not purchased the lots and had very little time to complete a transaction before the by-law changed. Councillor Jake Smola indicated that staff were willing to assist Ms. Hutchins with this matter and Mr. T. McCabe provided some suggestion in this regard. Councillor J. Ziegler advised that any zoning proposals with respect to the lots must be directed toward the owner of the property. Mr. Larry Skoog representing the Waterloo Region Community Legal Services and Ms. Sue Taylor representing the Waterloo Tenants Coalition attended the Committee to make a presentation, a copy of which Mr. Skoog circulated to the Committee. He made the following points with regard to the duplexing issue: - the groups supported the changes in Bill 120 on the basis that it would provide a level of protection to tenants - duplexing had advantages for the municipality in terms of efficient utilization of existing infrastructure - duplexing met the need for housing in basement apartments - duplexing would somewhat offset cutbacks to not for profit housing sectors - lower income residents may be excluded from living in some parts of the City - duplexing provisions must be supported by strong property standards regulations and enforcement of fire codes - concern that tenants may be reluctant to make inquiries on substandard units in that their units might be illegal and necessitate their eviction and consequently resulting in inadequate property standards enforcement - duplexing should cover a wide range of zoning classifications Councillor T. Galloway commented that neither the Cities of Cambridge or Waterloo have incorporated duplexing to the extent that Kitchener has. Mr. Skoog stated that he regretted the change in position of the City of Kitchener and requested that the very broadest application of duplexing remain in place. Councillor Galloway advised that the City of Kitchener has the most duplexing in the Region and that it suburbs will eventually create an enormous inventory of properties that could be legally duplexed. Councillor Jake Smola noted that on the matter of compliance with fire codes, proper monitoring will ensure that safety standards are implemented. Ms. Mary Ann Wasilka appeared as a delegation on behalf of the Central Frederick Neighbourhood Association and stated that she supported the presentation made on behalf of the Inner City Neighbourhood Associations. Ms. Wasilka noted that her Neighbourhood Association has discussed the downzoning proposal and advised that their primary concern was that the removal of duplexing as a permitted use from select residential neighbourhoods was prejudicial. She then advanced the following recommendations: PD 96~80 - ADDENDUM TO PD 96~23 & PD 96/43 - CITY INITIATED REVISION TO BY-LAW 85-1 RE DUPLEXING/APARTMENTS IN HOUSES - ZONE CHANGE APPLICATION 961091TCIJW - CITY OF KITCHENER (CONT'D) - that the association supports duplexing applying across the City in all zones and noted that consistently concerns have been expressed with property standards and the City's ability to enforce them was a predominant theme - that the association plans to organize another general meeting to discuss property standards PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 7, 1996 - 148 - CITY OF KITCHENER and noted that if duplexing was removed from some areas the association requests Council approve a process to rezone those residential neighbourhoods that accepted intensification based upon its City wide application - that the association requests that the City if it removes City wide duplexing institute a process (Stage 8) to address the issue of duplexing in those neighbourhoods retaining duplexing to Ms. Wasilka asked that this process be approved before the deadline for receipt of appeals of the zoning by-law to the Ontario Municipal Board. In response to Councillor K. Redman, Mr. T. McCabe advised that the OMB deadline would be 20 days from the date the notice was sent out or a maximum of 30 days from the passing of the by- law. Ms. Judy Anne Chapman appeared as a delegation on behalf of the Green Belt Neighbourhood Association to support the recommendation in the staff report. Ms. Chapman commented that Bill 120 instituted duplexing outside of the planning process and it was this issue that was being rectified. She commented that it was fair to prohibit duplexing in areas that previously did not permit it but was reasonable that duplexing be included in any new subdivision. The motion of Councillor J. Ziegler was then put to a recorded vote - it was resolved: "That Zone Change Application ZC 96/09/TC/JW representing revisions to Zoning By-law 85-1, dealing with prohibiting new duplexes in R-2 and R-3 zones, permitting duplexes in new plans of subdivision, prohibiting second dwelling units in semi-detached houses and street townhouses, and dealing with revised regulations for duplexes, be approved in the form shown in the "Proposed By-law" dated September 16, 1996, as revised October 7, 1996 to include revisions in respect to 2 properties shown on Map No. 4 (Schedule No. 171) and Map No. 10 (Schedule No. 252) and the addition of subsection 174 to Appendix "D", without conditions." Councillors J. Ziegler, Jake Smola, T. Galloway, B. Vrbanovic, G. Lorentz and C. Weylie voted in favour while Mayor R. Christy and Councillors M. Wagner, M. Yantzi, K. Redman and John Smola voted in the negative. Councillor John Smola asked that staff be given direction to downzone the area of the North Ward that was formerly zoned R2A under By-law 4830. Mr. T. McCabe advised that it would be a large project requiring full involvement by the neighbourhood. Councillor M. Yantzi noted that he was opposed to such downzoning. On motion by Councillor John Smola - it was resolved: "That the Department of Planning and Development be directed to prepare a report respecting the removal of duplexing as a permitted use and downzoning of properties formerly zoned R2A located generally in the area bounded by the Conestoga Parkway, Lancaster Street and Guelph Street and arrange for consideration at a public meeting." The list of issues presented by Ms. Trudy Beaulne was then considered. It was the view of Councillor B. Vrbanovic that the first 8 issues should be dealt with within the context of the entire municipality. As well, he stated that he had difficulty with the last two issues (#9 and #10) as they really did not apply to duplexing. Councillor J. Ziegler supported application of the issues on a City wide basis and not being limited to the Inner City. PD 96~80 - ADDENDUM TO PD 96~23 & PD 96/43 - CITY INITIATED REVISION TO BY-LAW 85-1 RE DUPLEXING/APARTMENTS IN HOUSES - ZONE CHANGE APPLICATION 961091TCIJW - CITY OF KITCHENER (CONT'D) On motion by Councillor B. Vrbanovic - it was resolved: "That the Department of Planning and Development be directed to consider and discuss with other City Departments the first 8 points relating to the issue of duplexing as prepared OCTOBER7, PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES 1996 - 149 - CITY OF KITCHENER by Inner City Neighbourhood Association Executives, and itemized in the October 7th Planning and Economic Development Committee minutes, and further, That the Department prepare a staff report evaluating the requests as to timing, implications, costs, etc. for consideration by the Planning and Economic Development Committee at its November 4, 1996 meeting." Mayor R. Christy left the meeting at this point. A motion requesting consideration of point #9 and point #10 relating to the issue of duplexing as prepared by the Inner City Neighbourhood Association Executives was voted on and lost. Councillor M. Yantzi disclosed a conflict of interest and abstained from discussion and voting with respect to point #9 as he is employed by Community Justice Initiatives which provides a service similar to that being referred to. As a result of the decisions made this date, Councillor M. Yantzi suggested that a surcharge be applied to R2A lots in recognition of their zoning status. A motion by Councillor M. Yantzi requesting consideration of the feasibility of applying a surcharge to R2A lots was voted on and lost on a recorded vote with only Councillor M. Yantzi voting in favour while Councillors K. Redman, M. Wagner, Jake Smola, G. Lorentz, John Smola, B. Vrbanovic, C. Weylie, T. Galloway and J. Ziegler voted in the negative. PD 96/92 - 201 & 205 PATRICIA AVENUE - DEMOLITION CONTROL APPLICATION DC 96/6/P/RM - KITCHENER-WILMOT HYDRO - VICTORIA PARK WARD The Committee was in receipt of Planning and Development Staff Report PD 96/92 dated September 25, 1996 dealing with a demolition control application submitted by Kitchener-Wilmot Hydro with regard to the properties known municipally as 201 & 205 Patricia Avenue. It was noted in the report that the applicant wishes to demolish two single detached dwellings to allow for the construction of a transformer station and to provide additional employee parking. Also, the subject site is adjacent to the Kitchener-Wilmot Hydro property located at the corner of Victoria Street South and Patricia Avenue and is partially surrounded by the Hydro site at the rear lot line. The properties are not affected by the Rental Housing Protection Act or the Ontario Heritage Act and are designated Major Institutional with a special policy. The issues that staff examined prior to making a recommendation were itemized in the staff report. Mr. B. Stanley briefly explained the purpose of the application and advised that staff had nothing further to add to the report under consideration. No delegations were registered respecting this matter. On motion by Councillor G. Lorentz - it was resolved: "That Demolition Control Application DC 96/6/P/RM (Kitchener-Wilmot Hydro) requesting approval for the demolition of two single detached dwellings located at 201 & 205 Patricia Avenue legally described as Lot 45 & Part Lot 46, Registered Plan 739 be approved. It is the opinion of this Committee that approval of this application is proper planning for the City." PD 96~89 - KITCHENER RESPONSE - REGIONAL MUNICIPALITY OF WATERLOO "DRAFT GUIDELINES" FOR THE PREPARATION OF ENVIRONMENTAL IMPACT STATEMENTS The Committee was in receipt of Planning and Development Staff Report PD 96/89 dated September 26, 1996. The report deals with the Draft Regional Guidelines for the preparation of environmental impact statements. The history of environmental impact statements and the relationship with environmentally sensitive policy areas and the Regional Official Plan was documented in the report. Staff support the adoption of the guidelines for the preparation of environmental impact statements so as to provide clear direction to development proponents for identifying and avoiding potential adverse environmental impacts. It was their view that the proposed guideline would result in a benefit to both the municipality and development proponents PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 7, 1996 - 150 - CITY OF KITCHENER by specifying all agency requirements up front. The Committee was advised that this Staff Report was considered by the Environmental Committee at its October 2nd meeting and endorsed. No delegations were registered respecting this matter. On motion by Councillor M. Wagner - it was resolved: "That the Draft Guideline for the Preparation of Environmental Impact Statements prepared by the Regional Planning and Culture Department be endorsed by Kitchener City Council." 5. Q-LUBE ONTARIO INC. - REQUEST RE SIGN BY-LAW The Committee was in receipt of a copy of a letter dated October 7, 1996 from Q-Lube Ontario Inc., requesting permission to fly its blimp for a few hours on Monday, October 14th during the Oktoberfest Parade. It is proposed to use the property of Kinwalt Investments Limited at 741 King Street West for this purpose; however, representatives of the company have been advised that a clause in the zoning by-law might consider the proposal as "third party" advertising. Accordingly, the permission of the Committee is requested in this regard. Mr. T. McCabe provided suggested wording for a recommendation should the Committee support the request. On motion by Councillor G. Lorentz - it was resolved: "That the request of Q-Lube Ontario Inc., 130 Dearborn Place, Waterloo, be approved and a variance granted to the City's Sign By-law in respect to 3rd party advertising so as to allow for the Q-Lube blimp to temporarily be flown for several hours from the property of Kinwalt Investments Limited, 741 King Street West, Kitchener, during the Oktoberfest Parade on Monday, October 14, 1996." 6. ADJOURNMENT On motion, the meeting adjourned at 6:06 p.m. L.W. Neil, AMCT Assistant City Clerk