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PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
OCTOBER 21, 1996
CITY OF KITCHENER
The Planning and Economic Development Committee met this date commencing at 3:45 p.m. under
Councillor C. Weylie, Chair, with the following members present: Councillors John Smola, G. Lorentz, K.
Redman, T. Galloway, M. Yantzi and M. Wagner. Councillors J. Ziegler, B. Vrbanovic and Jake Smola
entered the meeting after its commencement.
Officials present:
Ms. C. Ladd, V. Gibaut and Messrs. J. Gazzola, B. Stanley, J. Shivas, D. Mansell, J.
Willmer, Z. Janecki, J. Witmer, D. Snow, D. Corks, T. Boutilier, P. Wetherup and
L.W. Neil.
REQUEST FOR EXTENSION OF TEMPORARY USE
- 1402 HIGHLAND ROAD WEST, HIGHLAND METAL FABRICATING INC.
- MR. STEPHEN LEPOINTE - WEST WARD
Ms. V. Gibaut advised that last March and April the Committee and City Council had dealt with the
use of the property known as 1402 Highland Road West and had agreed to allow Highland Metal
Fabricating Inc., to continue a temporary use pending lease or purchase of appropriately zoned
lands elsewhere. Ms. Gibaut confirmed that the company has purchased the necessary lands but
as a result of many unforseen circumstances they were unable to acquire a building permit. The
approval given by City Council earlier allowing the existing use to continue at 1402 Highland Road
West will lapse at the end of October. Accordingly, the owner of the business has requested a 6
month extension of the temporary use.
On motion by Councillor G. Lorentz -
it was resolved:
"That with respect to Council's April 29, 1996 approval of Clause #2 of the March 4, 1996
Planning and Economic Development Committee report, we accede to the request and
grant a 6 month extension of the temporary use to April 30, 1997 on the property located at
1402 Highland Road West for the metal fabricating business of Highland Metal Fabricating
Inc."
CORRECTION OF OMISSION RE
- REVISED DESIGN PRINCIPLES FOR STORM WATER MANAGEMENT FACILITIES
The Committee was in receipt of a memorandum dated October 16, 1996 from Mr. L.W. Neil
requesting that the resolution adopted by Planning and Economic Development Committee and
City Council on September 23 and 30, 1996 respectively be corrected to address an omission
contained in the report document. It was noted in the memorandum that Mr. B. Page was informed
by an official of another municipality of the omission of the word "four" in the second paragraph of
principle #10.
On motion by Councillor M. Yantzi -
it was resolved:
"That with respect to "Revised Design Principles for Storm Water Management Facilities",
both resolutions in the minutes of the September 23, 1996 Planning & Economic
Development meeting (item #8, page 141) and of the September 30, 1996 City Council
meeting (clause #6, Planning & Economic Development Committee report, page 444) be
amended by inserting the word "four" in the second paragraph of Principle #10, so that it
reads as follows:
10)
Where trees are to be planted, they must be planted at a minimum rate of 1 tree
(40mm cal.) per 50 square metres. The density of shrub plantings, for safety
purposes, shall vary depending on the degree of slope. Shrub plantings shall
prevent public access on all 2:1 slopes and discourage access on all 3:1 slopes.
100% density equals 1 shrub per square metre, 25% density equals 1 shrub per four
square metres. The purpose of the bar scale is not to encourage repetitive
landscape design but to act as a relative guide to associate shrub plant densities
with the appropriate slope.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
OCTOBER 21, 1996 - 152 - CITY OF KITCHENER
CORRECTION OF OMISSION RE
- REVISED DESIGN PRINCIPLES FOR STORM WATER MANAGEMENT FACILITIES (CONT'D)
Note:
(Original report contains illustration of Coverage Intensity of Shrub Plantings)."
PD 96/86 - 95 PINNACLE DRIVE - ZONE CHANGE APPLICATION 96/12/P/ZJ
- JANET PARRISH & CITY OF KITCHENER - SOUTH WARD
The Committee was advised that the Department of Planning and Development was in receipt of
an application from Janet Parrish and the City of Kitchener to change the zoning of the property
known municipally as 95 Pinnacle Drive. The proposed zoning change is intended to facilitate the
exchange of a small portion of land between two abutting properties being 95 Pinnacle Drive
owned by Janet Parrish and the abutting property owned by the City of Kitchener. Accordingly,
this exchange of land is between a residential property and public open space and the zone
change would reapply the Residential (R-4) Zone and Open Space (P-2) Zone. In this regard the
Committee considered Planning and Development Staff Report PD 96/86 dated September 23,
1996 and a proposed by-law dated September 23, 1996 attached to the report. It was noted in the
report that the zone change application was being processed under the Planning Act 1995, as
amended by Bill 163.
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 briefly explained the purpose of the zone change and advised that staff had nothing
further to add to the recommendation in the report.
No delegations responded to an invitation from the Chair to address the Committee on this matter.
On motion by Councillor M. Wagner -
it was resolved:
"That Zone Change Application 96/12/P/ZJ (Janet Parrish and the City of Kitchener)
requesting a change in the zoning from Open Space Zone (P-2) and Residential Four Zone
(R-4) to Residential Four Zone (R-4) and Open Space Zone (P-2) on Part of Biehn's
Unnumbered Tract, more particularly described as Part of Part 1 on Plan 58R-7525 and
Part of Part 1, Plan 58R-6355 be approved in the form shown in the "Proposed By-law"
attached dated August 16, 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."
PD 96~87 - WINDFLOWER DRIVE - ZONE CHANGE APPLICATION 96/18/W/ZJ
- FREURE DEVELOPMENTS LIMITED - SOUTH WARD
The Committee was advised that the Department of Planning and Development was in receipt of
an application from Freure Developments Limited to change the zoning of a parcel of land abutting
future roadways known as Windflower Drive, Foxglove Drive and Windflower Crescent located in
a subdivision in the Laurentian West community between Ottawa Street South and the Conestoga
Parkway. The zone change application proposes to rezone the property by adding a Special Use
Provision to the R-6 zone which currently applies to the subject lands to allow a religious
institution. In this regard the Committee considered Planning and Development Staff Report PD
96/87 dated September 23, 1996 and a proposed by-law dated August 16, 1996 attached to the
report. It was noted in the report that the subject property is located on Blocks 79, 80 & 82 of
Subdivision Application 30T-90019 which are within Stage 2 of the Subdivision Plan being
developed by Freure Homes Limited. The proposed church site will have three street frontages
and an area of 1.548 hectares (3.83 acres). It was also noted
4. PD 96~87 - WINDFLOWER DRIVE
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
OCTOBER 21, 1996 - 153 - CITY OF KITCHENER
- ZONE CHANGE APPLICATION 96/18/W/ZJ
- FREURE DEVELOPMENTS LIMITED - SOUTH WARD (CONT'D)
in the report that the zone change application was being processed under the Planning Act 1996,
as amended by Bill 20.
It was pointed out that notice that the Committee would hold a public meeting this date to consider
this matter had previously been given.
Councillor B. Vrbanovic entered the meeting at this point.
Ms. C. Ladd briefly reviewed the purpose of the application and noted that the second stage of the
subdivision was not yet registered. She stated that it was her understanding that the developer
has received an offer to purchase and requires the zone change in order to complete the
transaction.
Mr. Bill Green, Green Scheels Pidgeon Planning Consultants, appeared as a delegation in support
of the recommendation in the staff report. He stated that until this date, he had expected approval
of the recommendation would be routine but was of the understanding that Councillor T. Galloway
would be raising some concerns. He advised that his client was working to address the concerns
of Councillor Galloway but pointed out that these concerns were unrelated to the zone change
application.
Councillor J. Ziegler entered the meeting at this point.
Councillor T. Galloway advised that his concerns related to incomplete servicing in the existing
subdivision to which residents have been requesting action. He noted that he had raised this
matter a few months ago and had asked staff to respond on various options of addressing the
incomplete servicing but that to date he has not seen a staff report. Councillor Galloway advised
that he had serious concern with approving a zone change for the second stage of the subdivision
when services scheduled for the first stage were incomplete. He also expressed concern with
regard to the outstanding taxes owed by the developer and stated that after considering the issue
it would be appropriate to defer consideration of the zone change.
Mr. D. Mansell advised that staff have had numerous discussions with the developer and the
developers banker plus held a meeting of senior staff regarding servicing and financing issues in
Stage 1. He commented on the servicing aspects relating to Stages 1 & 2 and noted that the zone
change would allow the developer to gain financing in order to finish the servicing required in
Stage 1.
Councillor Jake Smola entered the meeting at this point.
Ms. C. Ladd confirmed that a number of meetings have been held in respect to the servicing and
financing issue and noted that staff were attempting to incorporate modifications to the subdivision
agreement to facilitate completion of servicing and allow some matters to be deferred to Stage 2.
Councillor T. Galloway questioned why the City could include the payment of property taxes as a
condition of approval of the zone change but not require completion of servicing. Ms. C. Ladd
advised that the outstanding taxes will be passed onto purchasers if it is not paid by the developer
and that the Committee could delete the tax condition from the staff recommendation.
Councillor T. Galloway questioned what assurances could be given to the City that the services
would be completed. Mr. D. Mansell advised that the existing Letter of Credit security is enough to
cover the installation of services required for the people that are presently living there. He noted
that there was another option and that would be for the bank to assume responsibility and
undertake to complete all outstanding services. He noted that the parties were trying to move
responsibility for the storm outlet into Phase 2 in order to assist in completion of the development.
Councillor T. Galloway maintained that the City should be addressing options to bring about
completion of all services within Stage 1. Mr. J. Gazzola advised that staff have addressed the
matter and noted that the present zone change has
PD 96~87 - WINDFLOWER DRIVE - ZONE CHANGE APPLICATION 96/18/W/ZJ
- FREURE DEVELOPMENTS LIMITED - SOUTH WARD (CONT'D)
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
OCTOBER 21, 1996 - 154 - CITY OF KITCHENER
nothing to do with the servicing issue in Stage 1 and that staff were satisfied that the Letter of
Credit lodged with the City will cover all potential deficiencies in Stage 1. Councillor J. Ziegler was
advised that staff did not have the dollar value of the amount of outstanding taxes. Mr. D. Mansell
explained that the subdivision agreement does not specify a time frame for completion of servicing
and the reason for that was it is difficult to forecast downturns in the economy which can affect
housing sales and subsequent completion of any given subdivision. He noted that in order for the
City to act on the Letter of Credit, the subdivision would have to be in a situation of default but
since there is no time period specified the subdivider is not considered to be in default. He did
note that 15% of the lots in stage 1 were not sold and that the bank has indicated that they wish to
move in and finish all servicing.
Councillor J. Ziegler stated that he had concerns in respect to stage 2 and what was going to
happen over the course of its development. Mr. D. Mansell pointed out that an internal CIP Team
was considering the City's procedures relative to its requirement for a Letter of Credit. He
suggested that it was not fair to put a date on completing services in stage 1, especially for
asphalt, since weather conditions were now less favourable but did state that he felt there would
be action on the servicing by the spring of 1997. Councillor T. Galloway commented that he would
like to see some sign of good will on the part of the developer and for example, suggested
immediate installation of boulevard trees with assurance of asphalt paving taking place in the
spring. Mr. D. Mansell advised that he would work with the Parks and Recreation Department to
see if the trees could be planted shortly. The condition relating to payment of outstanding taxes
was again raised and Mr. J. Gazzola strongly suggested that it be removed from the staff
recommendation.
Mr. B. Green advised that he has been given assurance by his clients that they would work to get
as many things completed as possible this season and that the zone change approval would
financially assist them in this regard. Councillor B. Vrbanovic expressed concern with the fact that
there was no deadline in place relative to completion of subdivision services and suggested that a
guideline should be put in place for a developer to work toward and requested that this be
investigated. Councillor John Smola questioned how any warranty work required under the
agreement would be addressed and Mr. D. Mansell advised that warranty issues were considered
part of the value of the securities posted by the developer.
Mr. B. Green pointed out that the developer had no ability to utilize the funds that were set aside in
the Letter of Credit as the funds were removed from the developers bank account and only the City
has access to those funds. He pointed out that the incentive was for the developer to complete the
works and noted that once the City accepts the completed works there was a maintenance period
that commences. Councillor T. Galloway commented that he looked forward to the CIP report
which he asked address how the City would avoid similar situations in future. In response to
Councillor John Smola, Mr. D. Mansell advised that a draft of the CIP report has been considered
and staff will proceed to complete the report as soon as Pioneer Tower applications are resolved
and bring the report forward in early 1997.
The recommendation in the staff report was then considered and on motion by Councillor B.
Vrbanovic it was agreed to delete the condition relative to payment of outstanding property tax and
the second condition relating to it. The recommendation as revised was then considered.
On motion by Councillor B. Vrbanovic -
it was resolved:
"That Zone Change Application 96/18/VV/ZJ (Freure Developments Ltd.) requesting a
change in the zoning to add Special Use Provision 226U to the Residential Six Zone (R-6)
according to By-law 85-1, on Part of Lot 46, German Company Tract, be approved, in the
form shown in the "Proposed By-law" attached, dated August 16, 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."
PD 96~77 - 91 BLUCHER STREET / 221 AHRENS STREET - ZONE CHANGE APPLICATION 96/10/B/JW
- M. NATHOO - BRIDGEPORT-NORTH WARD
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
OCTOBER 21, 1996 - 155 - CITY OF KITCHENER
The Committee was advised that the Department of Planning and Development was in receipt of
an application from M. Nathoo to change the zoning of lands known municipally as 91 Blucher
Street / 221 Ahrens Street. It was noted in the report that the property is developed with a mixed
use building addressed as 221 Ahrens Street containing a convenience store and four apartment
units; attached to this commercial-residential building is a single dwelling addressed as 91 Blucher
Street. The entire lot is currently zoned Convenience Commercial (C-1) with Special Use
Provision prohibiting Health Office. In regard to the rezoning application, the applicant has
requested Residential (R-4) zoning for 91 Blucher Street only, in order to permit the property to be
severed along the common wall between 91 Blucher Street and 221 Ahrens Street so that the
single dwelling could be sold separately. After reviewing the application, staff recommend that the
entire property be rezoned to Residential (R-5). In this regard the Committee considered Planning
and Development Staff Report PD 96/77 dated September 24, 1996 and the proposed by-law
dated September 23, 1996 attached to the report.
It was noted in the report that the subject property was located at the southwest corner of Ahrens
and Blucher Streets on a lot approximately 28.9 metres X 24.7 metres (95 feet by 81 feet) and was
700 square metres (7,500 square feet) in area. The surrounding area is entirely residential and
the property and surrounding lands are designated Low Rise Residential in the City's Municipal
Plan. The matters of legal non-conforming use and parking requirements in respect to both
municipally addressed properties were dealt with in the report as well as the rationale of staff in
recommending the entire property be rezoned to Residential (R-5) thus eliminating the request
that the existing C-1 zoning be left in place for the retained parcel at 221 Ahrens Street. It was
also noted in the report that a Special Use Provision was included in the proposed by-law, allowing
for the dwelling addressed as 91 Blucher Street to be used as a single dwelling unit. Also, a
Special Regulation was included as the location of the house would not comply with the minimum
rear yard requirement.
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 briefly explained the purpose of the report which was to facilitate severance of an
existing dwelling and advised that staff had nothing further to add to the recommendation in the
report.
Mr. Russell Lawson appeared as a delegation representing Mr. M. Nathoo who was also in
attendance to support the zone change application. Mr. Lawson acknowledged that originally the
applicant had applied only to change the zoning of 91 Blucher Street but Mr. Nathoo has no
objection to the R-5 zoning recommended by City staff. He stated that it was his understanding
that a neighbour was in attendance at the meeting to express a concern with regard to parking and
acknowledged that while there was no question that the available parking space was deficient, no
change was being proposed relative to parking as a result of the zone change application. He
also indicated that he understood the neighbour had a concern regarding the possibility that the
severed property might become a duplex.
Mr. Edward Dopp appeared as a delegation to express concerns in respect to the zone change
application. He advised that approximately 4 years ago, illegal apartment units were created in the
subject building which he understands is now for sale. He noted that tenants in these units have
generated a parking problem with cars parked and obstructing the City sidewalk. Mr. Dopp also
expressed concern which the Fire Department should address in that the current owner when
clearing the driveway and parking areas of snow was burying the City's fire hydrant.
Ms. C. Ladd advised that she would ensure that the concerns expressed by Mr. Dopp with regard
to parking violations would be referred to enforcement officials for action. Councillor John Smola
questioned if there was any possibility that the existing four apartment units could expand and Mr.
J. Willmer advised that the R-5 zoning provides for a maximum three units but since four already
exist the property has legal non-conforming status. He did note that any
PD 96~77 - 91 BLUCHER STREET / 221 AHRENS STREET - ZONE CHANGE APPLICATION 96/10/B/JW
- M. NATHOO - BRIDGEPORT-NORTH WARD (CONT'D)
requests to legally expand the number of units would stand little chance of being approved should
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
OCTOBER 21, 1996
- 156 -
CITY OF KITCHENER
an application be made to the Committee of Adjustment.
No other delegations responded to an invitation from the Chair to address the Committee on this
matter.
On motion by Councillor John Smola -
it was resolved:
"That Zone Change Application ZC 96/10/B/JW (M. Nathoo) rezoning 91 Blucher Street
and 221 Ahrens Street from C-1 with special use provision 13U, to R-5 with special use
provision 227U, be approved in the form shown in the attached "Proposed By-law", dated
September 23, 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."
6. PD 96~90 - STATUS OF THE MAYOR'S TASK FORCE REPORT IMPLEMENTATION
The Committee was in receipt of Planning and Development Staff Report PD 96/90 dated
September 26, 1996 documenting the status of the Mayor's Task Force Report Implementation. It
was noted in the report that it has been a year since the Mayor's Task Force presented its final
report to Council and the Downtown Development Team was created to aggressively promote the
downtown. The staff report provides a progress report on the actions taken to fulfil the
recommendations of the Mayor's Task Force on downtown revitalization.
The staff report points out that 23 of the 47 initiatives contained in the Mayor's Task Force Report
have been completed and 2 have been dropped from the program on Council direction.
Significant progress has been made on another 17 of the initiatives and Report PD 96/90
describes work that is currently underway. Initiatives that were completed in the first wave of
activity were described in the "Celebrating Our Success" Report dated February 27, 1996 and
have not been included in the current staff report. All initiatives are listed in Appendix 'A' "Report
Card" which was attached to the staff report.
Mr. B. Stanley advised that the staff report was presented to the Downtown Advisory Committee
on October 11, 1996.
Mr. D. Corks appeared before the Committee and briefly highlighted the purpose of the report. A
slide presentation was made that provided actual images of the successes that have been
achieved in drawing new business into the downtown area. He noted that the biggest success
was in the number of new restaurants that have located in the downtown. He also pointed out that
there were some successes in the retail sector involving independent operators rather than chain
stores. He also pointed out that the logo for the downtown now reflected the City Hall Clock Tower
that has been erected in Victoria Park. Mr. Corks suggested that the downtown would also benefit
as a result of both the Market Square Mall and the King Centre Mall coming under local
ownership. He pointed out that there had been a net increase of 25 businesses in the downtown
with 80 new businesses being established. He stressed that while staff were working on the
existing initiatives the evolution of the downtown was on going and new recommendations for
improvements were being conceived.
Councillor Jake Smola questioned if staff could identify what return on investment the City was
getting in relation to its expenditures supporting downtown renewal. Mr. Corks advised that it was
very difficult to estimate increase in assessment valuation as a result of the province being behind
in its work in this area.
6. PD 96~90 - STATUS OF THE MAYOR'S TASK FORCE REPORT IMPLEMENTATION (CONT'D)
On motion by Councillor M. Yantzi -
it was resolved:
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
OCTOBER 21, 1996
- 157 -
CITY OF KITCHENER
"That Planning and Development Staff Report PD 96/90 (Status of the Mayor's Task Force
Report Implementation) be received as information."
7. PIONEER TOWER AREA PUBLIC MEETING - MONDAY NOVEMBER 25, 1996
Ms. C. Ladd suggested that the Committee may wish to consider starting its November 25th public
meeting to deal with applications in the Pioneer Tower Area earlier than normal. She did note that
it was her expectation a number of the issues will be resolved by that date. She explained that at
the public meeting the Committee would be asked to deal with two Official Plan Amendments, one
Comprehensive Zoning By-law, four Plans of Subdivision and related Zone Changes and one Site
Specific Zone Change Application.
The Committee considered the issues of the time required to deal with the matters at the public
meeting and the meeting starting time and by general consent agreed that the November 25th
meeting start at 3:00 p.m. and be so advertised.
8. REAR YARD ACCESS REPORT
Councillor Jake Smola questioned when a staff report on the matter of concerns that he expressed
several months ago regarding rear yard access would be available.
Ms. C. Ladd advised that a draft report was underway and it was expected the matter would be
dealt with at the Committee's December 9th meeting.
9. ADJOURNMENT
On motion, the meeting adjourned at 4:55 p.m.
L.W. Neil, AMCT
Assistant City Clerk
