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HomeMy WebLinkAboutPlng & Econ Dev - 1997-02-24P E D\1997 -02 -24 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES FEBRUARY 24, 1997 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 4:20 p.m. under Councillor C. Weylie, Chair, with the following members present: Councillors K. Redman, G. Lorentz, T. Galloway, M. Yantzi, J. Ziegler, M. Wagner and Jake Smola. Mayor R. Christy and Councillor John Smola entered the meeting shortly after its commencement. Officials present: Ms. C. Ladd, and Messrs. J. Gazzola, T. McCabe, B. Stanley, J. Willmer, and L.W. Neil. PD 97~7 - 255 HIGHVIEW DRIVE - ZONE CHANGE APPLICATION ZC 961361HIJW - ZEVEST DEVELOPMENT CORPORATION - FOREST WARD The Committee was advised that the Department of Planning & Development was in receipt of an application from Zevest Development Corporation to change the zoning of lands known municipally as 255 Highview Drive. It was noted in the report that the property is developed with a 380 square metre Convenience Commercial Plaza which is currently occupied by a Convenience Retail Outlet and an Artisan's Establishment. In this regard the Committee considered Planning & Development Staff Report PD 97/7 dated January 31, 1997 and a proposed by-law dated December 5, 1996 attached to the report. The purpose of the rezoning is to permit two additional uses within the existing plaza; namely Artisan's Establishment and Health Clinic. The Artisan's Establishment is already in existence based on Council's approval of temporary occupancy in November 1996. The addition of Health Clinic as a permitted use would allow three or more health professionals whereas the existing zoning allows a maximum of two health professionals. 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 application and advised that staff had nothing further to add to the report. Mrs. Susan Carapanta advised that the rear of her property abuts the rear of the subject property and that she was opposed to the Zone Change Application. Firstly, she expressed concern that the kilns from the Arts and Crafts Establishment would generate heat which would require the rooftop cooling systems of the building to operate more so than would otherwise be required for another use. This in turn would generate higher levels of noise which would impact adjoining neighbours. She also stated that she had concern that street parking would occur if three or more doctors were to locate in the plaza as there would be insufficient parking on the subject property. Mrs. Carapanta suggested that the larger plaza situated at the intersection of Driftwood Drive and Westheights Drive would be a more appropriate location for a Health Clinic use. Councillor G. Lorentz commented that it was his view the proposed use was an improvement over an earlier use of a portion of the property as a pub. Mrs. Carapanta acknowledged that the existing health office use involving only two practioners was acceptable but was opposed to a more intense Health Clinic use. She also stated that in regards to her concerns over the noise emanating from the air conditioners, Zevest Development Corporation had been ordered by the Courts to take corrective action in response to charges laid against the company. Councillor G. Lorentz advised that any response he had received with respect to the proposal had been positive and that he 3ersonally had no problem with the Arts and Crafts Establishment within the plaza. Councillor J. Ziegler commented that it was his view residents were entitled to quiet enjoyment of their property. He suggested that when the City permits development of commercial property adjacent to residential areas it should have the ability to deal with any problems that might arise and in this regard the City should have the ability to require improvement of cooling systems that are generating noise complaints with respect to the subject property. Mr. T. McCabe responded that the courts have dealt with this matter and that the City has no further jurisdiction other than to continue to utilize the Noise By-law regulations to effect improvements. PD 97~7 - 255 HIGHVIEW DRIVE - ZONE CHANGE APPLICATION ZC 961361HIJW PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES FEBRUARY 24, 1997 - 18 - CITY OF KITCHENER - ZEVEST DEVELOPMENT CORPORATION - FOREST WARD (CONT'D) Mr. J. Willmer advised the Committee that the owner had been charged and convicted twice under the Noise By-law; however, Mrs. Carapanta was not yet satisfied with the remedies which Zevest Development Corporation has taken with regard to the building cooling systems. Councillor J. Ziegler suggested staff assist the owner to address the problem in order to facilitate a solution. Mr. Don Zehr appeared as a delegation on behalf of Zevest Development Corporation and described how an enclosure was built around the original cooling units which has since been reinforced with sound proofing and that he was at a loss to understand what level of noise was acceptable. Mr. T. McCabe advised that the acceptability was defined in the Noise By-law. Mr. Zehr indicated that the Company had hoped to engage a sound consultant and has tried to solve the problem which he noted the convenience store had aggravated by making changes to the air conditioning of their unit which required Zevest to then undertake additional work to encase the unit. Councillor Jake Smola entered the meeting at this point. No other delegations were registered respecting this matter. Councillor K. Redman questioned if there was a willingness on the part of Zevest to work to correct the noise problem. Mr. Zehr responded that the Company has been struggling with the issue of occupancy of this site for several years and that the tenant has not responded with any corrective actions after having been notified of violations. Councillor T. Galloway stated that he was concerned with the noise issue and questioned if there was any way the noise could be made a condition of the application. Mr. J. Willmer stated that if the Committee was of the view that it did not want to approve the by-law it could defer or approve the by-law conditionally for seven months as a means of addressing the noise issue. Councillor J. Ziegler suggested the plaza owners set up a liaison with the community so that the owners could witness the noise first hand and then act to do something about it. Mr. T. McCabe recommended that the City be more proactive of in terms of regular inspection of this site so as to make a determination that the noise was exceeding the regulations in the by-law. Mayor R. Christy entered the meeting at this point. Councillor G. Lorentz was of the view that the proposed use is a substantial improvement over earlier use and agreed that a constructive approach to resolving the noise issue was required. On the matter of a concern expressed with respect to lighting Mr. Zehr advised that lighting at the rear of the building has been removed and that only the front of the building had yellow lighting. On motion by Councillor G. Lorentz - it was resolved: "That Zone Change Application ZC 96/36/H/JW (Zevest Development Corporation) rezoning 255 Highview Drive by adding special use provision 239U to the C-1 (Convenience Commercial) Zone, be approved in the form shown in the attached "Proposed By-law", dated December 5, 1996, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan." PD 97/11 - ADDENDUM TO PD 97~8 PD 97~8 - 10 PIONEER DRIVE - ZONE CHANGE APPLICATION ZC 961421PIJW - WATERLOO NORTH CONDOMINIUM CORPORATION #149 - SOUTH WARD PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES FEBRUARY 24, 1997 - 19 - CITY OF KITCHENER The Committee was advised that the Department of Planning and Development was in receipt of an application from Waterloo North Condominium Corporation No. 149 to change the zoning with respect to lands known municipally as 10 Pioneer Drive. In this regard the Committee considered Planning and Development Staff Report PD 97/8 dated January 31, 1997 and a Proposed By-law dated January 22, 1997 attached to the report. It was noted in the report that the Condominium Corporation which owns the townhouse development at 54 Green Valley Drive intends to sever and sell that portion of the property containing the former Day Care Facility which was originally established as a use accessory to the residential development. The purpose of the rezoning is to allow the use of the severed lot for either a free standing Day Care Facility or other Community Institutional use. The Committee was also in receipt of Staff Report PD 97/11 dated February 6, 1997 prepared as an Addendum to Staff Report PD 97/8. It was noted in the addendum report that in response to concerns raised by neighbourhood residents the applicant has requested that Residential Care Facility and Social Service Establishment be excluded from the requested zone change. Accordingly this request is reflected in a revised Proposed By-law dated February 6, 1997 attached to PD 97/11. 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. J. Willmer provided an explanation of Staff Reports PD 97~8 and PD 97/11. He pointed out that as a result of circulation of the zone change, certain concerns were raised after which the applicant requested Residential Care Facility and the Social Service Establishment be deleted from the by-law. He circulated a third Proposed By-law to be dated February 24, 1997 that rewords Clause 3 of the February 6th by-law and provides for a reduced parking requirement for a Health Clinic. He pointed out that the potential amount of parking has been doubled to accommodate such use but was still short of the by-law requirement. Mr. Willmer advised that the building as currently designed contains very large common areas that would be under utilized should the site develop as a Health Clinic and has the effect of inflating the number of parking spaces required. Accordingly, staff support a reduced parking requirement in consideration of the fact that building would be less intensively used than what otherwise might be the case. Mr. Willmer also distributed a faxed letter signed by approximately 25 residents of the Green Valley Tower Apartments at 85 Green Valley Drive indicating objection to the rezoning originally proposed that might have allowed for a half way house or Social Service Establishment. Councillor Jake Smola expressed concern that once a reduced parking requirement was approved for the building a future owner might submit a renovation application for the interior of the building. Staff advised that by means of three planning processes there would be control that would have regard to the amount of parking available on the site. On the question of available parking Councillor T. Galloway noted that the I-2 Zone allows Veterinary Services and Mr. J. Willmer responded referring to the issue of gross leasable space in terms of the definition of Veterinary Service. Mr. Bill Dahms, Sims, Clement, Eastman, appeared as a delegation on behalf of the applicant to support the application and indicated that Ms. Pam Mather, Condominium Manager for the three condominium corporations was also in attendance. He pointed out that the three condominiums had been built as a phased development and that one of the condominiums has the Day Care Facility attached. Mr. Dahms indicated that the condominium corporation has entered into a conditional sale of the vacant Day Care Facility and has agreed to delete a Residential Care Facility, a Social Service Establishment and Convenience Retail from the proposed rezoning. PD 97/11 - ADDENDUM TO PD 97~8 PD 97~8 - 10 PIONEER DRIVE - ZONE CHANGE APPLICATION ZC 961421PIJW - WATERLOO NORTH CONDOMINIUM CORPORATION #149 - SOUTH WARD (CONT'D) Councillor T. Galloway pointed out that a concern with respect to fencing around the perimeter of the Day Care Facility had been raised. Mr. Dahms indicated that the condominium owners wish a PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES FEBRUARY 24, 1997 - 20 - CITY OF KITCHENER privacy fence erected along mutual boundary and believe that staff intend to attach a condition in this regard as part of the severance approval. Mr. J. Willmer confirmed that it was staffs intent to require erection of a 6 foot solid wood fence along the line of severance. No other delegations were registered respecting this matter. The recommendation in the staff report was then considered and it was agreed to accept the revised Proposed By-law dated February 24, 1997. On motion by Councillor T. Galloway - it was resolved: "That Zone Change Application ZC 96142/P/JW (Waterloo North Condominium Corporation No. 149) rezoning 10 Pioneer Drive from R-6 (Residential Six Zone) to I-2 (Community Institutional Zone) with special use provision 240U, be approved in the form shown in the revised "Proposed By-law", dated February 24, 1997, 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 97/14 - 1996 ANNUAL REPORT OF COMMUNITY MEDIATION SERVICES The Committee was in receipt of the Planning and Development Staff Report PD 97/14 dated February 20, 1997 dealing with the 1996 Annual Report of Community Medication Services which summarizes activities that took place in 1996 relating to referrals for conflict resolution. It was pointed out in the report that there were 11 referrals during 1996 initiated mostly involving noise by-law disputes between neighbours. Also mentioned in the report was the fact that it was expected the number of referrals to CMS will increase substantially in future years. Mr. T. McCabe commented that the CMS Report is submitted annually to the City and in his view the arrangement has been extremely successful with an over 80% success rate. He noted that Council has set up a mediation reserve fund and also referred the Committee to the draft proposal attached to the report which is in a preliminary discussion phase. Councillors John Smola and K. Redman expressed strong support for the mediation service. On motion by Councillor John Smola - it was resolved: "That Council receive the 1996 Annual Report of Community Mediation Services (CMS) to the City of Kitchener." LETTER - THE CENTRE IN THE SQUARE INC. - RESOLUTION FROM THE BOARD OF DIRECTORS - REQUEST FOR DIRECTION FROM COMMITTEE AND COUNCIL The Committee was in receipt of a letter dated February 12th, 1997 from the Board of Directors of The Centre In The Square Inc. which notes that during consideration of a new 5 Year Strategic Plan, the issue of zoning in the area immediately adjacent to the Centre had been raised. Subsequently a motion was passed by the Board recommending to the City that an investigation be undertaken as to the feasibility of rezoning areas immediately adjacent to LETTER - THE CENTRE IN THE SQUARE INC. - RESOLUTION FROM THE BOARD OF DIRECTORS - REQUEST FOR DIRECTION FROM COMMITTEE AND COUNCIL (CONT'D) The Centre In The Square. Councillor M. Wagner proposed a motion referring the resolution of The Centre In The Square to the Planning and Development Department for preparation of background information and a recommended course of action. Mr. T. McCabe commented that the area surrounding The Centre In the Square has been a PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES FEBRUARY 24, 1997 - 21 - CITY OF KITCHENER sensitive issue over the years and noted that it was just rezoned in 1994 under Stage 6 of the Comprehensive Zoning By-law. He pointed out that zoning in the area was due for its 5 year review in 1998/99. He suggested that if Council wished action at this time it would be necessary to defer other work from the departments current work program. Councillor K. Redman stated that the community was totally opposed to any re-zoning and was determined that there be no further erosion of residential uses in the immediate area. Councillor M. Wagner clarified that the issue discussed at the Board related solely to Queen Street and Ellen Street between Queen Street and Frederick Street. Further he commented that the proposal was a request from a Board appointed by the City and was deserving of consideration based on the Boards' evaluation of changing needs and changing times. Councillor G. Lorentz stated that he supported consideration of the Boards' request and suggested that it would be advantageous to connect The Centre In The Square to the Downtown. He supported initiatives of the Board to develop more opportunities that would be supportive of the Centre's operation. Councillor K. Redman commented that at a meeting two months ago, it had been stated that only specific requests for rezonings would be considered and not general rezoning. She suggested general rezoning would destabilize the community and ultimately be of no benefit. Councillor M. Yantzi commented that he was not convinced the Board was strongly behind the resolution. Councillor T. Galloway stated that he was opposed to entering into any general rezoning action but was willing to consider site specific changes incrementally. Councillor Jake Smola recommended that it be conveyed to the Downtown Development Team that the zoning of properties being discussed was not carved in stone. Mr. T. McCabe commented that with regard to the jail, uses were totally flexible relative to redevelopment on the site. He noted that the Downtown Development Team was fully aware of opportunities on the residential side of Queen Street North. Councillor Wagner's motion to refer the resolution of The Centre In the Square to the Department of Planning and Development for action at this time was put to a vote and lost. On motion by Councillor K. Redman - it was resolved: "That the request in the February 12, 1997 correspondence from the Board of Directors of the Centre In The Square Inc. recommending the City investigate the feasibility of re-zoning areas immediately adjacent to The Centre In The Square be referred to the Planning and Development Department for consideration in 1999 as part of the regular five (5) year Review of the Official Plan as required by the Planning Act." DISCUSSION PAPER -"SECURING OUR FUTURE" PROPOSAL FOR RESTRUCTURING OF CANADA'S TECHNOLOGY TRIANGLE - CHAMBERS OF COMMERCE (K-W & GUELPH) The Committee was in receipt of a Discussion Paper entitled "SECURING OUR FUTURE, a Proposal for a New Model for Economic Development in Canada's Technology Triangle" dated February 1997 presented by The Chamber of Commerce of Kitchener and Waterloo and the Guelph Chamber of Commerce. DISCUSSION PAPER -"SECURING OUR FUTURE" PROPOSAL FOR RESTRUCTURING OF CANADA'S TECHNOLOGY TRIANGLE - CHAMBERS OF COMMERCE (K-W & GUELPH) (CONT'D) Mr. T. McCabe pointed out that Mayor R. Christy had referred to this Discussion Paper at the February 17th council meeting and it had been agreed to forward it to Council for information and consideration. Mr. J. Gazzola advised that a presentation was made to the four cities respecting a CTT structure and Councillor T. Galloway commented that he suspects the Chamber was looking for a response. Accordingly, he suggested that the Business and Industry Advisory Committee would be the appropriate body to provide a response. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES FEBRUARY 24, 1997 - 22 - CITY OF KITCHENER On motion by Councillor T. Galloway - it was resolved: "That the Discussion Paper entitled "SECURING OUR FUTURE, a Proposal for a New Model for Economic Development in Canada's Technology Triangle" dated February 1997 presented by the Chamber of Commerce of Kitchener & Waterloo and the Guelph Chamber of Commerce be referred to the Business and Industry Advisory Committee for consideration and report to the Planning and Economic Development Committee." 6. ADJOURNMENT On motion, the meeting adjourned at 5:25 p.m. L.W. Neil, AMCT Assistant City Clerk