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HomeMy WebLinkAboutPlng & Econ Dev - 1996-12-09PED\1996-12-09 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 9, 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 K. Redman, John Smola, G. Lorentz, T. Galloway, M. Yantzi, J. Ziegler, M. Wagner, B. Vrbanovic and Jake Smola. Officials present: Ms. C. Ladd, D. Arnold, V. Gibaut, J. Jantzi, P. Bacon, B. Newell and Messrs. J. Gazzola, T. McCabe, B. Stanley, D. Mansell, T. Boutilier, Z. Janecki, V. Labreche, J. Cicuttin, J. Witmer, P. Wetherup and L.W. Neil. PD 96~97 - REAR YARD ACCESS FOR STREET TOWNHOUSE DWELLINGS - ZONE CHANGE APPLICATION ZC 96/31/TC/VL - CITY OF KITCHENER The Committee was in receipt of a City initiated Zone Change Application that proposes to add a regulation to a number of zones within Zoning By-law 85-1 so as to require unobstructed rear yard access for street townhouse dwellings. In this regard the Committee considered Planning and Development Staff Report PD 96/97 dated November 20, 1996 and a proposed by-law dated November 20, 1996 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. T. McCabe advised that the proposed by-law attached to the staff report was prepared as a result of previous direction from the Planning and Economic Development Committee and City Council in response to their concerns with regard to the matter of no access to the rear yards of attached or street fronting townhouses. He pointed out that the Department has prepared the by- law but was not in support of it. In response to Councillor J. Ziegler, Mr. McCabe advised that he was not aware of any other official response to the proposed rezoning other than the delegation who had registered this date. He did note that the homebuilders feel that the proposal removes flexibility in the design of future developments and simply adds more regulations to which they must comply. Mr. Craig Robson appeared as a delegation on behalf of the K-W Homebuilders and commented that generally the industry was not strongly opposed to the proposal but did not favour it either. He stated that he understood the problem as he had lived in a dwelling that's only access to the rear yard was through habitable rooms of the dwelling. He discussed the fact that many townhouse developments do not have garages that would allow for rear yard access and discussed problems that arise when the two foot easement alternative is utilized resulting in lack of maintenance of the easement after private fences have been erected. He commented that the matter was a design issue and suggested that the proposed regulations would cause more potential problems that have not been envisioned at this time. In response to Councillor Jake Smola, Mr. J. Witmer advised that for a single dwelling, only one entrance was required. Councillor Jake Smola suggested that the rear yard access would be a selling feature and that the amendment was not very restrictive. Mr. C. Robson noted that the access issue was a marketing feature but that most townhouses don't have the width to accommodate direct access to the rear yard and he suggested that the issue should be left up to individual builders who may choose to market such access as a selling feature. Councillor Jake Smola stated that in his ward many residents purchased townhouses which when new had no fences but subsequently when fences were erected certain units became landlocked. It was his view that rear yard access would be a minor cost to build into the design of townhouse dwellings. No other delegations were registered respecting this matter. On motion by Councillor Jake Smola - it was resolved: "That Zone Change Application ZC 96/31/TCNL (City of Kitchener) requesting a change in zoning to add new regulations to the I-2, I-3, R-6, R-7, R-8, R-9, CR-1, CR-2, CR-3 and CR-4 zones of Zoning By-law 85-1 for the purpose of requiring unobstructed rear yard access for street townhouse dwellings, be approved in the form shown in the "Proposed By- law" attached, dated November 20, 1996, without conditions. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 9, 1996 - 216 - CITY OF KITCHENER PD 96~97 - REAR YARD ACCESS FOR STREET TOWNHOUSE DWELLINGS - ZONE CHANGE APPLICATION ZC 96/31/TC/VL - CITY OF KITCHENER (CONT'D) It is the opinion of this Committee that approval of this application is proper planing for the City." PD 96/115 - 1040 & 1074 KING STREET EAST - ZONE CHANGE APPLICATION ZC 96/22/K/VL - BANK OF MONTREAL - CENTRE WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from the Bank of Montreal to change the zoning of properties known municipally as 1040 & 1074 King Street East. The proposed zone change would delete the required minimum floor space ratio of 1.0 and permit the proposed building to be located further back from the King Street street line to facilitate the redevelopment of a new Bank of Montreal to replace the existing bank currently located on the site. In this regard the Committee considered Planning and Development Staff Report PD 96/115 dated November 15, 1996 and a proposed by-law dated November 5, 1996 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Ms. C. Ladd advised that there was one outstanding item of concern with regard to this proposed redevelopment and that Mr. V. Labreche would present details relative to the application. Mr. V. Labreche summarized the proposal which would see the demolition and construction of a new building on a site that is enlarged over the existing Bank of Montreal site at the intersection of King Street East and Ottawa Street North. At this time, Mr. Labreche distributed a revised proposed by-law dated December 6, 1996 which he requested the Committee to consider in place of the proposed by-law dated November 5, 1996 attached to the staff report. Mr. Labreche noted that the applicant has requested an increase in the maximum setback from King Street of 11.5 metres and 18 metres respectively rather than the required 7.5 metre maximum. He noted that the only concern expressed to the application has been from City Transit officials in respect to the City's Nodal Policy and it is their opinion that the application was not in compliance with the City's Nodal Policy. Councillor M. Wagner commented that the application presupposes demolition of the existing bank building and was advised that a demolition permit has not been applied for at this time. Ms. C. Ladd clarified that the existing building was a commercial building and the City's demolition policy only applies to residential dwellings. Further, she stated that staff have no concerns with the proposed demolition. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning Limited, appeared as a delegation on behalf of the Bank of Montreal to support the recommendation in the staff report. He pointed out that the only substantive issue of concern to the surrounding area was the matter of access onto Onward Avenue and he confirmed that there will be no access from the property onto Onward Avenue. Also, he stated that the doorway features of the existing bank building will be incorporated into the new building as part of the site redevelopment. Mr. Britton pointed out that as part of the zone change application, the applicant did submit a site plan for concurrent processing. He made reference to the Transit issue which has been addressed as part of the site plan design and noted that the Bank has been oriented as close as possible to the intersection with most parking located to the rear. He advised that it was intended that the existing bank building would be maintained during construction of the new facility which represented a $3 million investment by the Bank. Finally, Mr. Britton requested that if the recommendation was approved this date, the zoning by-law be listed on Council's December 16th agenda for three readings. In response to Councillor M. Wagner, Mr. Britton advised that because the property was irregularly shaped, it resulted in one corner of the bank building being set back further from King Street than the other corner; hence the reason for the difference in the two variances PD 96/115 - 1040 & 1074 KING STREET EAST - ZONE CHANGE APPLICATION ZC 96/22/K/VL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 9, 1996 - 217 - CITY OF KITCHENER - BANK OF MONTREAL - CENTRE WARD (CONT'D) requested. Further, he pointed out that the additional set back requested over the existing regulation allows for enhanced landscaping of the site as well as a drive through that was in full public view as a safety feature. Also in response to Councillor Wagner, Mr. Britton advised that the existing cement logo in the current building will be maintained in the new building. Councillor K. Redman commented that there would be both landscaping and berming of the drive through and that a fence would be erected along the entire boundary of adjoining properties. Councillor M. Wagner pointed out that the Municipal Plan requires higher density near the Downtown but that in fact the redevelopment proposal represented Iow density in what could be considered a medium density area. Ms. C. Ladd advised that the property was designated service commercial and located in the King Street East Secondary Plan. She noted that in hindsight the plan should have been divided so as to designate lands between Cedar Street and Stirling Avenue as CR4 and lands between Stirling and Ottawa Street as either CR3 or CR2. She pointed out that through this site specific rezoning, staff were giving recognition to the desirability of the split zoning approach she referred to between Cedar Street and Ottawa Street. Councillor M. Wagner was opposed to the proposal on the basis that it did not fit the City's Nodal Policy and was Iow density. At this point, Councillor Jake Smola disclosed a conflict of interest and abstained from all discussion as his mother is an employee of the Bank of Montreal at the subject location. Councillor T. Galloway commented that the King/Ottawa intersection was a popular transit transfer point and questioned if there was any possibility of incorporating a bus bay into the street frontage as part of the redevelopment proposal. Mr. J. Cicuttin appeared as a delegation on behalf of the Transit Division and advised that in the long term there was likely to be an additional transit route servicing Ottawa Street. He stated that the King Street East Secondary Plan supports pedestrian traffic along King Street and currently pedestrians enjoy direct access to the existing Bank of Montreal building. However, staff's concern was that the incorporation of a drive through feature along the King and Ottawa frontage was contrary to this pedestrian friendly orientation. Councillor M. Yantzi indicated that he would prefer to see the drive through removed from the redevelopment and that the long term planning that has taken place be adhered to. Councillor J. Ziegler commented that he viewed the redevelopment as a good proposal that had been well thought out and that it was a substantial upgrade to the existing property. Mr. P. Britton stated that all design options had been considered with respect to the redevelopment and it was his view that the best solution possible had been found to conflicting operational issues that the bank was faced with at this site. Councillor K. Redman pointed out that currently terrible turning problems exist in access/egress from this site and it was felt the proposed redevelopment plan would address this situation. No other delegations were registered respecting this matter. The recommendation in the staff report and the revised proposed by-law distributed this date were then considered. On motion by Councillor J. Ziegler - it was resolved: "That Zone Change Application 96/22/KNL (Bank of Montreal) requesting a change in zoning to add special regulation provision 234R to the Commercial-Residential Four Zone (CR-4), according to By-law 85-1, on Part of Park Lot 25, Registered Plan 404, and Lots 36 to 40 inclusive and Part of Lot 44, Municipal Compiled Plan of Subdivision of Lot 1, German Company Tract, for the City of Kitchener, be approved in the form shown in the attached "Proposed By-law", dated revised December 6, 1996, without conditions. PD 96/115 - 1040 & 1074 KING STREET EAST - ZONE CHANGE APPLICATION ZC 96/22/K/VL - BANK OF MONTREAL - CENTRE WARD (CONT'D) DECEMBER 9, 1 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES 996 - 218 - CITY OF KITCHENER 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." Councillor Jake Smola previously disclosed a conflict of interest and abstained from all discussion and voting as his mother is employed by the Bank of Montreal at the subject location. PD 96/116 -AMENDMENT TO PORTIONS OF THE MUNICIPAL PLAN TO ACHIEVE FULL CONFORMITY WITH THE REGIONAL OFFICIAL POLICIES PLAN - MUNICIPAL PLAN AMENDMENT APPLICATION MP 961101MPIBN -ZONE CHANGE APPLICATION ZC 961381TCICL The Committee was in receipt of City initiated applications to amend the Municipal Plan and Zoning By-law. The proposed changes would amend portions of the Municipal Plan to achieve full conformity with the Regional Official Policies Plan and bring about conformity in the zoning by-law in respect to agricultural policies. In this regard the Committee considered Planning and Development Staff Report PD 96/116 dated November 7, 1996 and a proposed by-law dated November 12, 1996 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. B. Stanley reviewed the purpose of the applications and pointed out that amendments to both the Regional and City Official Plans were processed and approved at approximately the same time. As a result, there were a few inconsistencies between the two Plans and the recommendations this date address this problem. In particular, he asked that the Committee take note of the natural resources section of the municipal plan amendment. Councillor T. Galloway referred to recommendation l(j) respecting private access points onto King Street East and the proposed change to indicate that they may be prohibited. He questioned both the change and how the Regional Official Plan dealt with the road since currently it was still a provincial highway. Mr. B. Stanley pointed out that since the road was a matter of regional jurisdiction, the City had no choice but to implement the same wording as in the Regional Official Plan. Further, he stated that the policy would apply when the Region takes formal responsibility for the road. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning Limited, appeared as a delegation on behalf of clients of his firm that are developing lands in the Grand River South Area. He advised that his concern related to clause 4 of Policy 8.3.4 dealing with Regional Transportation Systems. He noted that the policy indicated the City is endorsing the role of the Waterloo Regional Airport; however, the role and function of the airport is currently under consideration through the development of a Master Plan. Mr. Britton indicated that originally his purpose was to request the policy be deferred so as to ensure his clients would have an opportunity to provide input on this policy; however, he stated that between now and December 16th he would work with staff to further consider this matter. Mr. B. Stanley advised that the requested recommendation was simply bringing about conformity with the Regional Official Plan. Mr. Britton stated that what was not in the Plan was recognition of the role and function of the Waterloo Regional Airport and Mr. Stanley agreed that the issue could be considered with Mr. Britton between now and the December 16th Council meeting. No other delegations were registered respecting this matter. On motion by Councillor J. Ziegler - it was resolved: "1)That City Council approve Municipal Plan Amendment MP 96/10/MP/BN attached to staff report PD 96/116, being an amendment to the City of Kitchener Municipal Plan to achieve conformity with the Regional Official Policies Plan by: PD 96/116 -AMENDMENT TO PORTIONS OF THE MUNICIPAL PLAN TO ACHIEVE FULL CONFORMITY WITH THE REGIONAL OFFICIAL POLICIES PLAN - MUNICIPAL PLAN AMENDMENT APPLICATION MP 961101MPIBN - ZONE CHANGE APPLICATION ZC 961381TCICL (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 9, 1996 - 219 - CITY OF KITCHENER (a) amending Part 1, Section 2.4 to acknowledge Regional approval of Community Plans where they are deemed to affect matters of Provincial or Regional significance. (b) amending Part 1, Section 3 to acknowledge that the Regional Population and Household Forecasts will be used by the City where appropriate for planning, infrastructure and other studies. (c) amending Part 1, Sub-Section 3.1 to include Kitchener's household figures as forecasted by the Regional Population and Household Forecasts. (d) amending Part 2, Policy 1.1.3 to delete the policy and renumber the remaining policies in this Sub-Section. (e) amending Part 2, Policy 2.1.1 to indicate that the City will cooperate with the Regional Municipality of Waterloo and Area Municipalities to develop economic strategies, produce promotional material and monitor growth. (f) amending Part 2, Policy 2.3.2.5 to reflect the Regional Municipality of Waterloo's non-involvement in Community Shopping Centres development and to acknowledge that Regional approval is necessary for Retail and Traffic Impact Studies associated with any Fairview Park Mall expansion. (g) (i) amending Part 2, Policy 4.1.6 (i) to replace it with a new policy to recognize that individual septic system will only be permitted when associated with agricultural areas and with infilling in existing unserviced developed areas where other forms of servicing are not feasible. (g) (ii) amending Part 3, Policy 3.1.1.5 to indicate that individual septic system shall only be considered as a servicing option within Limited Service Residential Districts designated at the time of approval of this Plan. (h) amending Part 2, Policy 4.5.1.1 to indicate that the City shall require the proponent to submit an environmental audit where a change in the permitted or legal use of lands is proposed on or adjacent to known, suspected or potentially contaminated sites. (i) amending the Plan to delete Part 2, Section 7 (except Policies 7.1.2.2 and 7.6.1.9) in its entirety and replace it with a new Section 7 "Natural Resources Management" appended to this report which adds two new sub-sections (Natural Habitat Network and Environmental Impact Studies), renumbers all policies and modifies some policies as highlighted in bold italic. (j) amending Part 2, Policy 8.3.2.3 to indicate that new private access points onto King Street East between Sportsworld Drive and Highway 401 may be prohibited and to remove the phrase "The City shall prohibit." (k) amending Map 6 "Nodes and Transit Corridors" to identify as Secondary Corridors Old King Street between the Grand River and Highway 401, and Benton Street/Queen Street between King Street East and Highland Road. (I) amending Part 3, Policy 3.3 to clarify where lodging houses and residential care facilities are permitted within the residential districts. (This amendment will not change the effect of the existing policies on lodging houses and residential care facilities). PD 96/116 -AMENDMENT TO PORTIONS OF THE MUNICIPAL PLAN TO ACHIEVE FULL CONFORMITY WITH THE REGIONAL OFFICIAL POLICIES PLAN - MUNICIPAL PLAN AMENDMENT APPLICATION MP 961101MPIBN - ZONE CHANGE APPLICATION ZC 961381TCICL (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 9, 1996 - 220 - CITY OF KITCHENER (m) amending Part 3. Policy 9.1.3 (i), (ii) and (iv) to increase the minimum lot size for a new farm from 35 hectares to 40 hectares and to recognize that when two or more existing farms are merged that a surplus farm-related residential unit and ancillary surplus farm buildings may be severed from the merged farm provided the dwelling is listed as a heritage resource and has a lot size of up to 1.2 hectares. (n) amending Part 3, Policy 9.1.4 (i) to recognize that land classified as Class 4 is not considered Prime Agricultural Land. (o) amending Part 3, Policy 9.1.5 to prohibit severances for the creation of new lots for non-farm residential uses except for infill purposes. (p) amending the Plan to add in Part 2 a new sub-section 8.3.4 "Regional Transportation System" which outlines the City's commitment to protect the regional transportation system and move policies 8.3.1.8 and 8.3.1.9 to this sub-section. (q) amending Part 4 of the Plan to add a new sub-section 1.9 "Planning and Development Approval Process" which is intended to ensure that the City's approval process respects policies and procedures of all levels of government. (r) amending Part 5, Schedule A to modify the definition of "Environmental Impact Study" to indicate that an Environment Impact Study will determine whether a development may proceed and identify actions to be taken in order of preference to prevent, minimize or mitigate the environmental impacts of the proposed development; and It is the opinion of this Committee that approval of this Amendment to the City's Municipal Plan is proper planning for the City. 2)That Zone Change Application ZC 96/38/TC/CL (City Initiated) increasing the minimum lot size for agriculture uses in the Agriculture Zone (A-l) be approved, in the form shown in the attached "Proposed By-law" dated November 12, 1996. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with a recommended Amendment to the City's Municipal Plan." PD 96/112 - 452 GREENFIELD AVENUE -ZONE CHANGE APPLICATION ZC 961191GIPB - GERALD DONNELLY - FAIRVIEW WARD The Committee was advised that the Department of Planning and Development was in receipt of an application to change the zoning of lands known municipally as 452 Greenfield Avenue. The applicant is requesting that the zoning be changed from Residential (R-4) to Residential (R-5) to legalize the existing triplex use. In this regard the Committee considered Planning and Development Staff Report PD 96/112 dated November 7, 1996 and the proposed by-law dated October 28, 1996 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. T. McCabe briefly explained the purpose of the zone change and advised that staff had nothing further to add to the report under consideration. No delegations were registered respecting this matter. PD 96/112 - 452 GREENFIELD AVENUE -ZONE CHANGE APPLICATION ZC 961191GIPB - GERALD DONNELLY - FAIRVIEW WARD (CONT'D) On motion by Councillor J. Ziegler - it was resolved: "That Zone Change Application ZC 96/19/G/PB (Gerald Donnelly), rezoning lands located PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 9, 1996 - 221 - CITY OF KITCHENER at 452 Greenfield Avenue from R-4 to R-5 be approved in the form shown in the attached "Proposed By-law", dated October 28, 1996, subject to the following conditions being satisfied prior to any readings of the By-law by Council: 1) That the structure be retrofitted to comply to the Ontario Fire Code legislation R.R.O. 1990, regulation 454 as amended and in particular, Section 9.5 pertaining to retrofit legislation and further, that confirmation of compliance be received from the City's Fire Chief. 2) 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 96/19/G/PB. 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." PD 96/102 - WELLINGTON STREET NORTH & VICTORIA STREET NORTH - ZONE CHANGE APPLICATION ZC 96/27/W/ZJ - CITY OF KITCHENER - BRIDGEPORT NORTH WARD The Committee was in receipt of a City initiated application to change the zoning of lands located at the easterly limit of the City of Kitchener along the Grand River immediately north of Victoria Street North and east of Wellington Street North. The zoning change proposes to extend the existing temporary use provision for the temporary gravel extraction operation for an additional three years until December 1999. In this regard the Committee was in receipt of Planning and Development Staff Report PD 96/102 dated November 20, 1996 and a proposed by-law dated October 15, 1996 attached to the report. The Committee was advised that staff had nothing further to add to the report under consideration. No delegations were registered respecting this matter. On motion by Councillor John Smola - it was resolved: "That Zone Change Application ZC 96/27AN/ZJ (City of Kitchener) requesting an extension of the time period for Temporary Use Provision 2T on Part of Lot 42, Registered Plan 1677, be approved in the form shown in the "Proposed By-law" attached, dated October 15, 1996 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City." PD 96/84 - REVISION TO DOWNTOWN COMMUNITY IMPROVEMENT PLAN The Committee was in receipt of Planning and Development Staff Report PD 96/84 dated November 13, 1996 dealing with a new Kitchener Downtown Community Improvement Plan. The history of the existing Community Improvement Plan was itemized in the background section of the report along with changes in circumstances that warrant a more contemporary plan being prepared and implemented. The new Community Improvement Plan includes: 6. PD 96/84 - REVISION TO DOWNTOWN COMMUNITY IMPROVEMENT PLAN (CONT'D) - a program of Tax Incentives for the rehabilitation or redevelopment of older buildings and under-utilized sites - a program for Feasibility Studies for Adaptive Re-use - a program of Exemptions from planning and building permit fees - a revised Facade Improvement Loan Program as approved by City Council on February 26, 1996 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 9, 1996 - 222 - CITY OF KITCHENER Mr. T. Boutilier reviewed the four recommendations contained in the report and commented on the strategies within the plan. He pointed out that while the current plan was focused on improving the public environment, the revised community improvement plan focuses on encouraging redevelopment through the programs already referred to. He stressed that City Council would be in full control of the application of the plan through administrative processes involving funding authorization and application approval. Mr. Boutilier pointed out that if the recommendation was approved this date, staff would commence to detail administrative measures relative to the implementation of the new Community Improvement Plan and submit these as separate reports for consideration by City Council. He then reviewed the four programs proposed in terms of the background, intent, eligibility requirements and program assistance for each of the programs as proposed on pages 11 through 17 of the Downtown Kitchener Community Improvement Plan document. On motion by Councillor M. Yantzi - it was resolved: "1) That City Council repeal By-law 87-263, and adopt the revised Community Improvement Project Area as described on the attached Schedule "A" to staff report PD 96/84. 2) That City Council rescind the current Kitchener Downtown Community Improvement Plan, dated February 15, 1988, adopted by City Council by By-law 88-48 on March 21, 1988, and approved by the Minister of Municipal Affairs on April 28, 1988. 3) That City Council approve the Kitchener Downtown Community Improvement Plan, dated November 13, 1996, attached to staff report PD 96/84. 4) That City Council formally advise Premier Michael Harris, and the Province of Ontario that City of Kitchener relies upon Section 28 of the Planning Act as a key component of our strategy to stimulate the renewal of our Downtown, and further that Kitchener's Downtown would benefit through the amending of Section 28 (7) of the Ontario Planning Act to allow for tenant participation in certain grant programs such as the City's Facade Improvement Loan Program." VERBAL REPORT BY V. GIBAUT ON TRIP TO GERMANY Ms. V. Gibaut provided the Committee with information in regard to her recent trip to Germany including: - there was very little interest in economic twinning except with Cities in Eastern Germany - as an alternative to economic twinning, it was suggested the City pursue a business opportunities concept - joining the Canadian German Chamber of Industry and Commerce, Toronto, at a cost of $350 which provides beneficial contacts and informational material for 2 City representatives PD 96/121 - ADDENDUM TO PD 96/103 PD 96/103 - 1997 - POST 1998 STAGING OF DEVELOPMENT REPORT The Committee was in receipt of Planning and Development Staff Report PD 96/103 and an addendum report PD 96/121 dated December 3, 1996 pertaining to the Staging of Development Report 1997 - Post 1998. It was noted in the staff report that the Staging of Development Report was prepared by the Department of Planning and Development in close cooperation with 8. PD 96/121 - ADDENDUM TO PD 961103 PD 96/103 - 1997 - POST 1998 STAGING OF DEVELOPMENT REPORT (CONT'D) the Department of Public Works and other City departments. The Staging report is prepared as a document outlining municipal intention toward the scheduling and processing of plans of subdivision for residential, industrial and commercial development. Also, it was noted that it is intended the report be used by City Council, developers and landowners, development industry, municipal agencies and the general public as background data and information regarding current and anticipated residential, industrial and commercial subdivision development. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 9, 1996 - 223 - CITY OF KITCHENER Further, the report was intended to be approved by City Council and integrated with the City's approved 10 Year Capital Budget. The main focus of the report relates to anticipated municipal approval dates of draft plans of subdivision for those lands requiring municipal expenditures for growth related services and the relationship of these dates to Council's scheduling of monies to fund these projects or alternatively, the developers responsibility to install municipal services in exchange for development charge credits. The Staging of Development report is prepared in accordance with the policies of the City's new Municipal Plan, in particular Part 4 - Managing the Plan; Section 1.4 - Staging of Development. The report is a compilation of firstly; draft plans of subdivision that have received municipal draft plan approval, secondly; plans of subdivision that have been formally filed for processing with the Region and the City and thirdly; land parcels identified by the Planning and Development Department, landowners or developers that have subdivision development potential. Finally, the staging or scheduling of various draft plans of subdivision is based upon a number of factors, including: the City's 10 Year Capital Budget, the development charge (lot levy) revenue available, recommended regional priorities and schedules of financing, workload, activity levels, work allocation, work priorities of staff resources, prior or imminent approval of community or secondary plans as well as the other programs of many agencies and departments responsible for the delivery of essential services and the protection of the environment. Mr. Z. Janecki advised that the 1997 Staging of Development report was the 30th anniversary of Kitchener undertaking such report. He provided an overview of the report and referred the Committee to the Lot Supply Table shown on page 13 of the report. Mr. Janecki then asked that the Committee note the recommendations listed in the addendum report PD 96/121 and requested that two additional land parcels be included for advancement in the recommendation and listed under clause 3. In this regard he noted that there had been an oversight in not carrying forward these recommendations respecting parcel #84 of Huber and parcel #98 of the City of Kitchener as itemized on page 5 of the staff report. Councillor C. Weylie read the contents of a letter dated December 6, 1996 from Mr. P. Puopolo advising that the staff report reports and recommendation have been reviewed with the clients of Planning Initiatives Limited and they support the recommendations. Accordingly, Mr. Puopolo indicated in his letter that he would not be attending the meeting but requested his letter be read into the written minute record. Mr. Rob Schlegel appeared as a delegation on behalf of Max Becker Enterprises Limited and advised that Max Becker Enterprises was the owner of parcel #23 and part owner as a joint venture in parcel #22 as shown in the Staging of Development Report. He advised that he had requested staff shift the projects so as to advance them from 1997C to Municipal Draft Plan Approval 1997A. He indicated that he was disappointed in the reasons given as to why development of these parcels was not moved ahead and that he was having difficulty understanding the reasons. Ms. C. Ladd commented on the development of the Laurentian West Community which is taking place in a southeasterly direction to reach the parcels referred to. She noted that the application had just been received recently and had been circulated and it was unreasonable to think that the applications could be processed by April 1997, particularly since there are some very complex issues and engineering considerations to be addressed. Mr. Schlegel indicated that a number of issues have been resolved as a result of joint servicing and pointed out that a land parcel of Activa to the west has been shown as 1997B and it was his position that his lands should be treated similarly. Mr. T. McCabe advised that the Activa PD 96/121 - ADDENDUM TO PD 96/103 PD 96/103 - 1997 - POST 1998 STAGING OF DEVELOPMENT REPORT (CONT'D) application was submitted over a year ago. Further, he noted that the City has been waiting for the Max Becker Subdivision Plan for three years but should there be no issues of concern after circulation, staff would accelerate the subdivision consideration. Councillor T. Galloway commented that he had sympathy for the situation of Max Becker Enterprises as it had been necessary to deal with the matter of a large road dedication for the Fischer-Hallman Road extension and that took a lengthy process. Councillor Galloway then raised questions as to land parcel #19 of Activa and Ms. Ladd advised that while it was submitted as one large plan it would be processed in small stages. Councillor Galloway then pointed out that PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 9, 1996 - 224 - CITY OF KITCHENER parcel #14 of Activa had been recommended for advancement from 1997C to Municipal Draft Plan Approval 1997B and that the plan had only been recently circulated. Ms. Ladd advised that the plan was not reliant on the Countryside development as services were being provided from their own lands south of Ottawa Street and that the plan had been circulated sometime ago. Councillor Galloway pointed out that parcel #19 of Activa was shown as 1997B; whereas, parcel #23 of Max Becket was shown as 1997C and he wished to encourage simultaneous processing. On motion by Councillor T. Galloway it was agreed to revise recommendation #3 by supporting the request from Max Becket Enterprises that parcel #23 be advanced from 1997C to Municipal Draft Plan Approval 1997B. Councillor T. Galloway then questioned parcel #44 of Chalon Estates as listed on page 32 and questioned why it was still shown as a 1998 approval when it had been circulated over a year ago. Mr. D. Mansell advised that staff have not seen any detailed response from the developer in regards to such issues as location of roads and storm water management and Mr. T. McCabe advised that there was no request from the developer to change the designation. The recommendation in addendum staff report PD 96/121 including the revisions requested by Mr. Z. Janecki to clause #3 respecting parcels #84 and #98 and the revision agreed to by the Committee with respect to parcel #23 were then considered. On motion by Councillor T. Galloway - it was resolved: "The Department of Planning and Development recommends: 1) Subject to the changes recommended in Sections 2 and 3 below, Council approve the attached 1997 - Post 1998 Staging of Development Report dated November 6, 1996. Further, that all additional requests received for advancement in the Municipal Draft Plan Approval date or 1997 priority not be supported. 2) That the following request be added to the Staging of Development Report: That the property described as Part of Lot 12, Beasleys Broken Front Concession (Pioneer Tower Road) owned by Glenn and Pauline Reid be added as Parcel #57A for Municipal Draft Plan Approval 1997 B with the following information inserted: Number of lots Development Charge Expenditure Development Charge Revenue Park Frontage City Cost Expected Development M12 $50,000 1998 Servicing Comments: Preferred servicing scheme approved for pumping station and forcemain to Sewage Treatment Plant. Funding for this to be considered under Development Charge review. Watermain required and possible oversizing to be paid out of Development Charge. Deer Ridge Dr. to be upgraded and extended through PD 96/121 - ADDENDUM TO PD 96/103 PD 96/103 - 1997 - POST 1998 STAGING OF DEVELOPMENT REPORT (CONT'D) Krizsanderson Development (#63) to the east link with existing Deer Ridge Dr. for primary access. Timing Comments: Any increase in density in Pioneer Tower West area as a result of the provision of municipal services requires approval of a concurrent Municipal Plan Amendment which will contain other development related policies as well as a resolution of all deferred Municipal Plan policies all of which will be before the OMB on Jan. 6/97. 3) That the following requests be advanced in the Staging of Development Report: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 9, 1996 - 225 - CITY OF KITCHENER a) That the request from Activa Holdings be supported and that Parcel #14 be advanced from 1997 C to Municipal Draft Plan Approval 1997 B. b) That the request from Huber be supported and that Parcel #84 be advanced from Post 1998 to Municipal Draft Plan Approval 1998. c) That the request from Vista Ridge (346874 Ontario Limited) be supported and that Parcel #98 be advanced from 1998 to Municipal Draft Plan Approval 1997 C. d) That the request from Max Becker Enterprises be supported and that Parcel #23 be advanced from 1997 C to Municipal Draft Plan Approval 1997 B. 4) That the following text changes for the following land parcels in the Staging of Development Report be approved: a) Parcel #17 - Activa Development That reference to the resubdivision of land in the Timing Comments be revised as follows: "Block 1, Stage 2 is currently under review for resubdivision for a cul-de-sac of 66 semi-detached to be processed as a modification to the draft approved subdivision plan 30T-88041 ." b) Parcel #103 - 717927 Ontario Ltd. and Adam Blucher Holdinqs Ltd. That reference to the second sentence in the Timing Comments pertaining to requirement of site decontamination be revised to read: "Due to the former industrial uses of this property, compliance with the 1996 Guideline for Use at Contaminated Sites in Ontario is required." PD 96/118 -WOOLWICH ST./KIWANIS PARK DR. NORTH OF SUNBRIDGE CRESCENT - BRIDGEPORT NORTH COMMUNITY SUBDIVISION - MUNICIPAL PLAN CONFORMANCE RE: FIRE PREVENTION AND FIRE SUPPRESSION POLICIES - BRIDGEPORT NORTH WARD The Committee was in receipt of Planning and Development Staff Report PD 96/118 dated December 2, 1996. The background section of the report makes reference to objections received to the Fire Prevention and Fire Suppression Policies and the referral of these policies to the Ontario Municipal Board by Regional Council. As well, it refers to revisions to the Fire Station Location Study and the provision of direct-to-fire alarm monitoring as a method of reducing fire response time. PD 96/118 -WOOLWICH ST./KIWANIS PARK DR. NORTH OF SUNBRIDGE CRESCENT - BRIDGEPORT NORTH COMMUNITY SUBDIVISION - MUNICIPAL PLAN CONFORMANCE RE: FIRE PREVENTION AND FIRE SUPPRESSION POLICIES - BRIDGEPORT NORTH WARD (CONT'D) Mr. B. Stanley summarized the report which he noted had been prepared jointly with the Fire Department. He advised that this was the last area to be addressed in terms of Fire Policies and it was the view of staff that the area was no different than some parts of the Pioneer Tower West Community. Mr. Stanley advised that since no subdivision plans were before the Committee for consideration at this time, it was opportune to request confirmation from Council that future plans of subdivision in the Bridgeport North Community will be deemed to conform with the City's Municipal Plan Policy relating to level of fire protection service. He suggested that resolution of this matter would play a key issue in the Ontario Municipal Board Hearing to be held January 13, 1997. Councillor Jake Smola questioned how the five minute fire response time was determined. Mr. B. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 9, 1996 - 226 - CITY OF KITCHENER 10. Stanley advised that the response time was based on the new fire station locations and that the policy would blanket the subdivision. Councillor Jake Smola questioned what implications there would be if Fire Station #2 did not relocate as planned and Mr. B. Stanley advised that if that was to occur, it would be prudent to re-evaluate the matter. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning Limited, appeared as a delegation on behalf of clients in the immediate area and advised that he was in support of the interpretation contained in report PD 96/118. He pointed out that his clients are satisfied with the recommendation and were full participants in the January Ontario Municipal Board Hearing. Councillor Jake Smola requested clarification as to how much the direct-to4ire alarm monitoring would cost each future dwelling and Mr. T. McCabe advised that the Fire Chief last indicated it would be a maximum $5.00 per month per dwelling unit for the service. On motion by Councillor John Smola - it was resolved: "That City Council confirm at this time that future plans of subdivision for the Bridgeport North Community east of Woolwich St./ Kiwanis Park Drive and north of Sunbridge Crescent will be deemed to conform to the City of Kitchener Municipal Plan Policy, Part 2, Section 4.3.2 as being provided with an acceptable level of fire protection service on the understanding that the Subdivision Agreement for such plans of subdivision includes a condition requiring the installation and maintenance of a Direct-to-Fire Alarm Monitoring system." PD 96/109 - REPORT ON DUPLEXING ISSUES RAISED BY INNER CITY NEIGHBOURHOOD ASSOCIATION EXECUTIVES 10. The Committee was in receipt of Planning and Development Staff Report PD 96/109 dated November 27, 1996. It was noted in the report that at the Committee's public meeting held October 7, 1996 a presentation was made by a number of the Inner City Neighbourhood Associations and an itemized list containing ten proposals for dealing with those areas of the City which would retain duplexing was submitted for consideration. Subsequently, the Department of Planning and Development was directed to consider and discuss the first eight points relating to the proposals and prepare a report in that regard. Mr. T. McCabe advised staff report PD 96/109 was deferred at the Committee's November 4th meeting and that at that meeting, Ms. Mary Ann Wasilka had expressed concern with regard to recommendation #1 proposed in the staff report. He advised that based on Ms. Wasilka's concern, staff were proposing new wording to recommendation #1 which was read to the Committee. As well, he stated that there have been additional discussions on enforcement matters and staff were proposing an additional recommendation dealing with that matter, a copy of which has been distributed to the Committee this date. On a related matter relative to planning and zoning in the Central Frederick area, Mr. T. McCabe advised that staff had distributed this date a chronology of planning and zoning in the PD 96/109 - REPORT ON DUPLEXING ISSUES RAISED BY INNER CITY NEIGHBOURHOOD ASSOCIATION EXECUTIVES (CONT'D) Central Frederick area commencing from October 9, 1962 through July 1995. He noted that in previous presentations on the matter of duplexing, Ms. Wasilka had always suggested that the area had not been subject to duplexing until recent rezoning when in fact only a small pocket in the area was zoned R2A under By-law 4830 with the majority of the area being zoned R2B. The recommendation in the staff report was then considered and it was agreed to revise clause #1 to incorporate the new wording suggested by staff as well as add an additional clause #5 dealing with property standards and enforcement. The recommendations as revised were then considered. On motion by Councillor M. Yantzi - it was resolved: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 9, 1996 - 227 - CITY OF KITCHENER "That we approve the following with respect to a review of suggestions by the Inner City Neighbourhood Associations relative to moderating the impacts of retaining duplexing: 1) That upon written request by a Neighbourhood Association Executive accompanied by a list of signatures from 2 to 3 property owners representing each and every block proposed to be affected by the request, the Department of Planning and Development be directed to review the zoning relative to duplexing. In this regard, the Department shall send a preliminary circulation letter which shall include a 'public response form' to every property owner proposed to be affected. If, at the end of the preliminary circulation, the majority of property owners support the proposed change, the Department is directed to continue processing the zone change. In the event the majority of property owners do not support the zone change, the Department of Planning and Development in consultation with the Ward Councillor, will determine whether further processing of the zone change should be undertaken; 2) That the Department of Planning and Development be directed to review the City's Building By-law to require standards for hard surface parking related to duplexes; 3) That staff of the Department of Planning and Development attend meetings of Neighbourhood Associations throughout the City as requested to discuss the by-law enforcement system; 4) That Kitchener City Council support the proposed amendments to the Building Code Act to transfer Property Standards Legislation from the Planning Act to the Building Code Act and the Minister of Municipal Affairs and Housing and Local M.P.P.'s be so advised. 5) a) That Council endorse the formation of a Focus Group with the following objectives: (i) To identify the needs of the Inner City Neighbourhoods as it relates to Property Standards and By-law Enforcement; (ii) To develop new or modify the current enforcement policies to address the identified needs of the Community, and To identify and match the Enforcement resources required to respond to the identified needs of the Community. b) That the Focus Group consist of representatives of Council, the Inner City Neighbourhood Associations and City staff, and 10. 11. 12. PD 96/109 - REPORT ON DUPLEXING ISSUES RAISED BY INNER CITY NEIGHBOURHOOD ASSOCIATION EXECUTIVES (CONT'D) c) That any recommendations regarding changes to the Enforcement of Property Standards and Municipal By-laws within the Inner City Neighbourhoods be brought back to Council for consideration by March 31, 1997. APPEALS TO BY-LAW 96/153 (DUPLEXING) a) MARY ANN WASILKA RE: 169 BENTON STREET b) MARY ANN WASILKA RE: CITY WIDE ON BEHALF OF CENTRAL FREDERICK NEIGHBOURHOOD As information, the Committee was provided with copies of letters dated November 13, 1996 from Mary Ann Wasilka in regards to appeals to the Ontario Municipal Board as noted above. - 21 AHRENS STREET - REQUEST FOR WAIVER OF MPA & ZCA FEES - RON & CHERYL LOWE PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 9, 1996 - 228 - CITY OF KITCHENER Councillor K. Redman advised that she had requested consideration of this matter relative to the waiving of fees for the construction of a garden suite at 21 Ahrens Street West. She indicated that following consideration of the December 9, 1996 letter received from Ron and Cheryl Lowe, planning staff have developed an alternate solution. Ms. C. Ladd advised that staff have reviewed the request and concluded that it was not necessary to require a Site Specific Official Plan Amendment Application be filed but indicated it would be necessary that a Temporary Zone Change Application be submitted for a garden suite unit. In response to a question from Councillor Redman, Ms. C. Ladd advised that an addition to the existing residence to address the needs of the owners would be a trickier situation from a legal point of view and she indicated that the owners had chose not to pursue that option. 13. UNFINISHED BUSINESS - 1996 YEAR END SUMMARY The Committee was circulated with a listing of unfinished business as of year end 1996. Mr. T. McCabe questioned if any member of Council wished to have a response in regards to any of the items listed. No concerns were raised and following further discussion, it was requested that planning staff provide such summary of unfinished business to the Planning and Economic Development Committee on a quarterly basis. 14. ADJOURNMENT On motion, the meeting adjourned at 5:35 p.m. L.W. Neil, AMCT Assistant City Clerk