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HomeMy WebLinkAboutPlng & Econ Dev - 1997-08-11PED\1997-08-11 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 11, 1997 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 4:00 p.m. under Councillor C. Weylie, Chair, with the following members present: Mayor R. Christy and Councillors John Smola, K. Taylor-Harrison, B. Vrbanovic, T. Galloway, M. Yantzi, J. Ziegler and M. Wagner. Officials present: Ms. J. Given, B. Newell, L. MacDonald, V. Gibaut and Messrs. J. Gazzola, T. McCabe, D. Mansell, J. Witmer, M. Price, L. Bensason and L.W. Neil. SPECIAL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MEETING - AUGUST 18, 1997 Councillor C. Weylie announced that a special meeting of the Planning and Economic Development Committee will be held on August 18, 1997 commencing at 5:00 pm in the Council Chamber. The purpose of the meeting is to receive the report of Team Kitchener. PD 97~68 - STRASBURG ROAD AND BLEAMS ROAD INTERSECTION - ZONE CHANGE APPLICATION ZC 97161SIZJ - 845081 ONTARIO INC. - SOUTH WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from 845081 Ontario Inc., to change the zoning of a parcel of land located at the northwest corner of Strasburg Road and Bleams Road. It is proposed to rezone the property from Service Station Zone (C-7) to Convenience Commercial Zone (C-1) in order to permit the development of a convenience commercial plaza. In this regard the Committee considered Planning and Development Staff Report PD 97/68 dated July 14, 1997 and a proposed by-law dated July 3, 1997 attached to the report. The results of the circulation of the zone change application were summarized in 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 reviewed the application. He pointed out that the preliminary site plan filed by the applicant has no status and that the Department has advised the applicant it was not prepared to approve the plan submitted based on several concerns particularly with regard to the drive-through facility. Mr. William Corbett appeared as a delegation on behalf of a number of area residents to object to the zone change application. A submission dated August 11, 1997 was distributed to the Committee. Objection was based solely on the incompatibility of the proposed use with the neighbourhood and detailed reasons were itemized in the submission covering traffic, bus stop location, loitering, vandalism and the drive through facility. Also attached to the submission distributed by Mr. Corbett was the signatures of some 27 property owners opposing the zone change as well as an additional letter dated August 1, 1997 from P. Sawlor and K. Sawlor expressing their concern respecting the rezoning proposal. Mr. Corbett questioned the reduction in the square footage of the proposed development from 8,800 square feet to 7,000 square feet but the increase in the parking space requirement from 41 to 53 spaces. Ms. J. Given explained the reason for the increase in the required number of parking spaces and noted that there has been more discussion regarding the site plan which was prepared for preliminary circulation. Councillor C. Weylie questioned if the City had the authority to regulate the distance separation requirement with respect to the drive through facility and Ms. J. Given advised that staff could investigate this further. Councillor J. Ziegler advised that he would like to regulate the drive through facility away from the adjoining residential properties. Ms. Given advised that there were mechanisms to deal with the drive through aspect within the lot of the proposed development. In response to a concern expressed by Councillor M. Yantzi, Mr. Corbett commented that it was only a seven minute walk to the Forest Glen Plaza to obtain identical services to that which would be offered in the proposed development. Mr. Richard Hardie appeared as a delegation on behalf of Paul Tuerr Construction Limited which owns property on two neighbouring corners with one corner zoned for an apartment building and the other for a B-3 commercial site. A submission dated August 8, 1997 revised PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 11, 1997 - 126 - CITY OF KITCHENER PD 97~68 - STRASBURG ROAD AND BLEAMS ROAD INTERSECTION - ZONE CHANGE APPLICATION ZC 97161SIZJ - 845081 ONTARIO INC. - SOUTH WARD (CONT'D) from Mr. Hardie was distributed with the agenda. In the submission, Mr. Hardie pointed out that there were resident and client concerns dealing with need, compatibility and design, appearance, landscaping issues which need to be considered. It was concluded in the submission that the rezoning was incompatible, not needed and that a high design standard had not been demonstrated. Mr. Hardie commented that it would appear the owner of the property agreed with the service station zoning at the time of the City's consideration of the Comprehensive Zoning By- law amendment as no change to the zoning was requested. He then dealt with the concerns expressed in his submission and noted that the Huron Business Park has eight designated future commercial sites and spoke on the compatibility and design issues. Mr. Murray Huffman, Mason Real Estate Limited, appeared as a delegation on behalf of 845081 Ontario Inc., to request acceptance of the staff recommendation to approve the zone change. He circulated a proposed preliminary site plan and indicated a willingness to further refine it. As well, he noted that architecture for the development has not been dealt with yet. Mr. Huffman confirmed that the development would have adequate buffering from the adjacent residential areas as well as a six foot fence along the boundary. He briefly informed the members of the Committee of his background with respect to promoting development in communities and his approach to maintaining liaison with residents, staff and elected representatives. Mr. Huffman acknowledged that there were concerns with the site plan which could be rectified as well as the stated concerns with regard to the drive through facility. He suggested that the site if developed under the existing zoning with a carwash would be more objectionable than the development proposed with the rezoning as it was his belief that the existing use was more noxious than the proposed use. Mr. Huffman indicated that in terms of process a meeting had been held with the residents and that they had been kept informed of the proposal. With regard to the reduction in floor area of the development he advised that when the restaurant use was added, it had been necessary to increase the parking space ratio to meet requirements. He noted that many of the concerns expressed earlier by the residents had been addressed and indicated that the HVAC units would be relocated to the front roofs of the buildings and that the ultimate architectural design would be favourable. With regard to the concerns expressed on the drive through it was suggested that this could be addressed by reconfiguring the buildings and pulling them closer to the street as the site was large enough for this to be workable. Councillor J. Ziegler raised concerns regarding the higher elevation of the adjacent residential properties, boundary tree planting, 24 hour operation and the drive through issue all of which Mr. Huffman responded to. No other delegations were registered with respect to this matter. Councillor T. Galloway advised that he had hoped the applicant would have requested deferral of consideration of the application this date so as to allow for a number of his concerns to be addressed. It was his view the drive through facility will have an impact on the adjoining residential properties and that there was a compatibility issue regarding the proposed use with such properties particularly as it relates to the drive through. He suggested that there were other uses the property could be developed with and noted that the area was designated Iow rise residential which would allow for some form of residential development more appropriate to the abutting area. He suggested that parking of transport trucks on the road right-of-way would become a problem as the site was located on a primary truck route but was unable to accommodate such parking within the site. As well he stated that there were six vacant B-3 commercial sites in Huron Park that could accommodate such development. He also noted that the six foot boundary fence would have little effect given the difference in elevation from adjoining residential properties and stated that in his view the gas bar operation was more compatible than the proposed use. In summary he asked that the Committee reject the application. Councillor J. Ziegler asked that the application be refused and was of the view that the 24 hour operation and drive through facility were incompatible to the adjoining properties. As well he expressed concern with the stopping and congestion that would occur as trucks utilizing the truck route stop on the road right-of-way to access the proposed development. Councillor M. PD 97~68 - STRASBURG ROAD AND BLEAMS ROAD INTERSECTION - ZONE CHANGE APPLICATION ZC 97161SIZJ PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 11, 1997 - 127 - CITY OF KITCHENER = = - 845081 ONTARIO INC. - SOUTH WARD (CONT'D) Wagner stated that he was opposed to the application and thought that there was no reason to put such a development into a residential neighbourhood. Councillor M. Yantzi stated that he was opposed to the application based on the drive through aspect. On motion by Councillor T. Galloway - it was resolved: "That Zone Change Application ZC 97/6/S/ZJ (845081 Ontario Inc.) requesting a change of zoning from Service Station Zone (C-7) to Convenience Commercial Zone (C-1) according to By-law 85-1 on lands legally described as Block P, Registered Plan 1416, be refused. It is the opinion of this Committee that refusal of this application is proper planning for the City." PD 97~27 - ARTS & CULTURE POLICIES - MUNICIPAL PLAN AMENDMENT APPLICATION MP 97/3/A/BN - CITY OF KITCHENER (CITY-WIDE) The following statement was read aloud by Councillor C. Weylie, Chair: "This is a Public Meeting under 'The Planning Act, 1996' to consider Municipal Plan Amendment Application 97/3/A/BN (City of Kitchener) Section 17 (45) of the Planning Act allows the Ontario Municipal Board to dismiss all or part of an appeal without holding a hearing if the appellant did not make oral submissions at a public meeting or did not make written submissions to the council before the plan was adopted and, in the opinion of the Board, the appellant does not provide a reasonable explanation for having failed to make a submission. In order to ensure the record includes all the names of those individuals who are making verbal submissions today for this Municipal Plan Amendment, please ensure that you clearly identify yourself before you begin your submissions and the Clerk will record your name for the record. If your name does not appear on the record, you may jeopardize any further involvement you wish to have in these matters. Any recommendation made by Planning Committee on these matters today will be considered by City Council on August 18, 1997. If City Council adopts the amendments, they will proceed to the Regional Municipality of Waterloo who has the final approval authority for Municipal Plan Amendments. They are also the body to whom appeals are sent. Further information on these procedures is available from the City's Department of Planning and Development or the Region's Department of Planning and Culture." The Committee was in receipt of Planning and Development Staff Report PD 97/27 dated March 11, 1997 dealing with an Amendment to the Municipal Plan affecting all wards City-wide. The purpose of the application is to amend Part 2, Section 3 of the Municipal Plan to incorporate a sub- section dealing with arts and culture policies. Mr. T. McCabe advised that he had nothing further to add to the report under consideration other than to comment that the amendment puts many of the policies approved for the arts and culture plan into policy form within the Municipal Plan. Mr. Michael Carty, Chair of the Arts and Culture Committee appeared as a delegation to express support for the Amendment to the Plan and commented that the City of Kitchener has demonstrated its support for the embedding of arts and culture through the proposed amendment application. He noted that in effect the amendment would further encourage arts and culture to be considered each time a development is proposed. PD 97~27 - ARTS & CULTURE POLICIES - MUNICIPAL PLAN AMENDMENT APPLICATION MP 97/3/A/BN - CITY OF KITCHENER (CITY-WIDE) (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 11, 1997 - 128 - CITY OF KITCHENER Mr. Don Bourgeois also appeared as a delegation and indicated that he fully supported the comments of Mr. Carty and the recommendation to approve the Amendment as contained in the staff report. No other delegations were registered respecting this matter. On motion by Councillor M. Wagner - it was resolved: "That City Council approve Municipal Plan Amendment Application MP 97131AIBN - City of Kitchener (City-wide), attached to Staff Report PD 97/27, being an amendment to add a new sub-section "Arts and Culture" to Part 2, Section 3 of the Plan, as follows: "3.5 Arts and Culture The City of Kitchener recognizes that the pursuit and enhancement of arts and cultural activities are integral to the quality of life of its residents and to its attractiveness as a place for businesses and visitors. It is the intent of this Plan to provide policy directions to guide decision-making to support and promote arts and cultural activities in this community. Objective i) To facilitate the availability of opportunities to people of all ages and cultural background to experience arts and cultural activities and to explore their creativity at all levels of artistic and cultural accomplishments throughout the City. Policies In order to retain and enhance its rich and vibrant cultural community, the City of Kitchener shall, in cooperation with the business community, associations, arts and cultural organizations, individual artists and residents; nurture and strengthen its existing arts and cultural infrastructure and activities and add new ones incrementally as appropriate and feasible. The City shall support and promote initiatives of the arts and cultural community in tangible and intangible ways as appropriate and feasible. The City reorganizes the downtown as the major business, arts, cultural, entertainment and tourist centre and shall endeavor to create a climate that is conducive to the growth and development of these activities. The City shall provide opportunities for live/work space that will allow for the integration of residential accommodation with workplace, gallery and retail space for artists through flexible zoning and encouraging the incorporation of such spaces in publicly and privately planned developments. 5. The City shall encourage and support arts and cultural activities at the neighbourhood level in order to foster neighbourhood cohesion." It is the opinion of this Committee that approval of this Amendment to the Municipal Plan is proper planning for the City." PD 97/66 - 170 CHERRY STREET - ZONE CHANGE APPLICATION ZC 97/11/C/JG - TRENLON CORPORATION - VICTORIA PARK WARD The Committee was advised that the Department of Planning and Development was in receipt of PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 11, 1997 - 129 - CITY OF KITCHENER an application from Trenlon Corporation to change the zoning of lands known municipally as 170 Cherry Street. The zoning change proposed would permit the construction of a townhouse development on the subject property. In this regard the Committee considered Planning and Development Staff Report PD 97/66 dated July 10, 1997 and a proposed by-law dated July 8, 1997 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 staff had nothing further to add to the report under consideration. Councillor J. Ziegler inquired if staff had responded to the request for information from the Asgard Green Cooperative Homes Inc., letter dated June 3, 1997. Ms. J. Given advised that staff responded by telephone in answer of the questions raised in the letter. Mr. Brenton Toderian, MacNaughton Hermsen Britton Clarkson Planning Limited, appeared as a delegation on behalf of the applicant to express support of the recommendation contained in the staff report. No other delegations were registered respecting this matter. On motion by Councillor M. Yantzi - it was resolved: "That Zone Change Application ZC 97/11/C/JG (Trenlon Corporation), requesting to change the zoning from Residential Four Zone (R-4) with special regulation provision 1R to Residential Seven Zone (R-7) with special regulations 1R and 268R, be approved in the form shown in the attached "Proposed By-law", dated July 8, 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 97/67 - LANDS TO BE RENUMBERED 965 GLASGOW STREET -ZONE CHANGE APPLICATION ZC 971101CIJG - 1021366 ONTARIO LTD. - WEST WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from 1021366 Ontario Limited to rezone the property to be renumbered as 965 Glasgow Street so as to add a special regulation provision to the zoning. The zoning change proposed would permit the development of 58 single detached dwellings on one lot, intended for future condominium approval. It would also rezone a small portion of the closed Glasgow Street right-of-way to Institutional to permit its consolidation and future development with the abutting vacant institutional site. In this regard the Committee considered Planning and Development Staff Report PD 97/67 dated July 11, 1997 and a proposed by-law dated July 10, 1997 attached to the report. It was noted in the report that a site plan is registered on title of the subject property allowing 54 townhouse dwellings; however, it is now proposed to construct 58 detached dwellings in a configuration similar to that which is already approved with each dwelling unit accessing the site by a private road. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Ms. J. Given advised that staff had nothing further to add to the report under consideration. She did note that many of the site considerations with respect to the proposed development were similar to that of the townhouse development. In response to Councillor J. Ziegler, she PD 97~67 - LANDS TO BE RENUMBERED 965 GLASGOW STREET -ZONE CHANGE APPLICATION ZC 971101CIJG - 1021366 ONTARIO LTD. - WEST WARD (CONT'D) advised that all of the single detached homes would have garages plus the ability to park a vehicle in front of the garage. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 11, 1997 - 130 - CITY OF KITCHENER Mr. Geoff Vanderbaaren, Mark Dorfman Planner Inc., appeared as a delegation on behalf of the applicant to express support for the recommendation in the staff report. No other delegations were registered respecting this matter. Councillor T. Galloway commented with regard to the history of the site in which extensive tree clearing took place prior to the existing zoning being put in place. He questioned what precautions were being taken to ensure that such tree removal does not happen again. Mr. Vanderbaaren acknowledged that previously tree cutting took place to facilitate road construction and confirmed that a tree saving plan with respect to the present application would be prepared. In response to Councillor T. Galloway, Ms. J. Given confirmed that a tree saving provision would be contained in both the subdivision plan and the site plan. In response to Councillor T. Galloway, Mr. Vanderbaaren confirmed that there was agreement that the original farm dwelling and adjacent lands be retained as long as the present occupants wish to reside there. Ms. Given noted that such lands would not be sterilized from future development. On motion by Councillor M. Yantzi - it was resolved: "That Zone Change Application ZC 97/10/C/JG (1021366 Ontario Ltd.), adding special regulation provision 267 to the Residential Six Zone (R-6) on lands legally described as Part Lot 34, GCT and changing the zoning of a section of old Glasgow Street to be closed, from Residential Six Zone (R-6) to Neighbourhood Institutional (I-1) with special use provision 119, on lands legally described as Part of Lot 34, GCT, more particularly described as Part 9 on Plan 58R-6675 be approved in the form shown in the attached "Proposed By-law", dated July 10 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 97~72 - PINNACLE DRIVE (LANDS ADJACENT TO WESTERLY SIDE) - MUNICIPAL PLAN INTERPRETATION -ZONE CHANGE APPLICATION ZC 931141PIZJ - PIETER VOS LTD. - SOUTH WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from Pieter Vos Ltd., to change the zoning of lands located on the west side of Pinnacle Drive approximately half way between the two ends of Pinnacle Drive intersecting with New Dundee Road. The zoning change proposed is to rezone a portion of the property from Open Space Zone (P-2) with a special holding provision to Residential Six Zone (R-6) to allow for the development of approximately 43 townhouse units. In this regard the Committee considered Planning and Development Staff Report PD 97/72 dated July 14, 1997 and a proposed by-law dated July 3, 1997 attached to the report. It was noted in the report that the portion of the property subject to the rezoning does not have any frontage along Pinnacle Drive; however, it will have frontage and access to the future extension of Autumn Ridge Trail through the abutting lands owned by Monarch Construction under Draft Plan of Subdivision 3~T-9~~29. Further, the portion of lands being rezoned have an approximate area of 4.5 acres (1.82 hectares). 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 staff had nothing further to add to the report under consideration. He noted that environmental concerns were the significant issues that were addressed with PD 97~72 - PINNACLE DRIVE (LANDS ADJACENT TO WESTERLY SIDE) - MUNICIPAL PLAN INTERPRETATION -ZONE CHANGE APPLICATION ZC 931141PIZJ - PIETER VOS LTD. - SOUTH WARD (CONT'D) regard to this proposal and noted that staff will be further addressing many issues with regard to this development. In response to Councillor J. Ziegler, Mr. McCabe confirmed that only the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 11, 1997 - 131 - CITY OF KITCHENER building envelope area of the land parcel was being rezoned while the remaining area would continue to retain Open Space (P-2) zoning. Ms. Diana Biuk, Green Scheels Pidgeon Planning Consultants, appeared as a delegation on behalf of the applicant to express support for the recommendation in the staff report. No other delegations were registered respecting this matter. On motion by Councillor T. Galloway - it was resolved: "A) That City Council interpret that the lands subject to the zone change application as being designated Low Rise Residential in the City's Municipal Plan. B) The Zone Change Application ZC 93/14/P/ZJ (Pieter Vos Ltd.) requesting a change in zoning from Open Space Zone (P-2) with special holding provision 27H to Residential Six Zone (R-6) according to By-law 85-1 on lands legally described as part of Biehn's Unnumbered Tract and Part of Part 1, 58R-5770, be approved in the form shown in the "Proposed By-law" attached, dated July 3, 1997, subject to the following conditions being satisfied prior to any readings of the By-law by City Council: 1 ) The owner agrees to pay all outstanding property taxes. 2) That the owner shall arrange for notification by letter from the Regional Municipality of Waterloo to the City's General Manager of Planning and Development that all Regional requirements with respect to the zone change application are satisfied. 3) The Owner acknowledges that in accordance with City Council's Policy 1-690, Condition 2 hereof is required to be satisfied no later than seven (7) months from the day of Council having approved by resolution the amending Zoning By-law relative to Zone Change Application 93/14/P/ZJ. In the event these requirements are not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. It is the opinion of this Committee that approval of this application is proper planning for the City." PD 97/75 - FORWELL ROAD (L. ANTON PROPERTY) - HISTORY OF ZONING AND OFFICIAL PLAN DESIGNATIONS - RESPONSE TO DRYDEN, SMITH & HEAD - STANLEY PARK WARD The Committee was in receipt of Planning and Development Staff Report PD 97/75 dated August 1, 1997 which deals with the history of zoning and official plan designations respecting the L. Anton property situate on Forwell Road. It was noted that the report was prepared in response to concerns raised in the letter dated May 9, 1997 from Mr. Samuel Head of Dryden, Smith & Head. The report discusses the zoning of the property from the time of annexation in 1973 to the present. It was pointed out that Forwell Road would not be closed by by-law but would become an emergency access and that the Anton property would still have frontage on a public road and that vehicular access could still be provided to the property. Mr. T. McCabe advised that staff had nothing further to add to the report which he pointed out was an information report that was prepared in response to Mr. Head's letter. PD 97/75 - FORWELL ROAD (L. ANTON PROPERTY) - HISTORY OF ZONING AND OFFICIAL PLAN DESIGNATIONS - RESPONSE TO DRYDEN, SMITH & HEAD - STANLEY PARK WARD (CONT'D) Mr. Samuel Head appeared as a delegation representing Mrs. L. Anton who was in attendance. He pointed out that historically the lands in question were a building lot for which taxes had been paid for many years. He advised that Mrs. Anton's son wishes to build a home on the property but it was only recently discovered that the land had been rezoned to hazard land making the land PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 11, 1997 - 132 - CITY OF KITCHENER useless to the owner. Accordingly, his client was requesting the City to reconsider the changes made to its zoning by-law and requested the City's assistance in this regard. In response to Councillor J. Ziegler, Mr. T. McCabe confirmed that Forwell Road was not being closed but that it would become an emergency access that would be maintained and ploughed. Mr. McCabe pointed out that the status of Forwell Road related to a policy of the Grand River North Community Plan which intended to minimize traffic from accessing the adjacent residential subdivision by means of Forwell Road. He suggested that Mr. Head must undertake specific actions which he itemized in order to justify his request for change in status of the lot. He noted that the Anton property was in the flood plain and that it would be necessary for an application to be filed with the GRCA supporting engineering documentation to ultimately obtain a fill permit that would allow for the construction of a building on the lot. Mr. McCabe commented that it was unknown if the owners would ever have been granted a fill permit by the GRCA at anytime in the past. Mr. Head referred to the approval procedure that was in place respecting undersized lots located in the former Township of Waterloo areas annexed to the City. He also commented that the current flood plain policies and development of the Kolb Drain have negatively affected the status of the property. Councillor T. Galloway questioned if the road closure was in fact a closure notwithstanding emergency access and Ms. L. MacDonald responded that it was not a formal road closure. Mr. Head noted that if the City wished to close the street, the City should buy the Anton property or allow a home to be constructed. Ms. MacDonald commented on the flood plain regulations and that the obligation was on the property owner to prove that the property would not be adversely affected by the possible flooding. At this point Mr. Head formally requested that any future notice in respect to a proposed closing of Forwell Road be sent to himself and Mrs. L. Anton. Mr. T. McCabe commented that staff would be willing to assist the property owner in resolving this matter if Mr. Head could provide the City with a letter of authorization from the GRCA and Mr. Head indicated that he would re-approach the GRCA, further discuss the matter with his client and then seek further assistance from the City. Mr. T. McCabe reiterated that staff recommend no action on the part of the Committee and Council on this matter unless Mr. Head could demonstrate new information. On motion by Councillor M. Yantzi - it was resolved: "That Planning and Development Staff Report PD 97/75 (History of Zoning and Official Plan Designations of the L. Anton property, Forwell Road) be received as information at this time and that further consideration of the matter not take place until such time as additional information is provided by Mr. Samuel Head or Mrs. L. Anton, property owner." PD 97/81 - 155 AHRENS STREET WEST - IMMACULATE HEART OF MARY SCHOOL - REQUEST FOR APPROVAL OF TEMPORARY OCCUPANCY - BRIDGEPORT-NORTH WARD The Committee was in receipt of Planning and Development Staff Report PD 97/81 dated August 1, 1997 dealing with a request from Immaculate Heart of Mary School for approval of temporary occupancy of the property known municipally as 155 Ahrens Street West. PD 97/81 - 155 AHRENS STREET WEST - IMMACULATE HEART OF MARY SCHOOL - REQUEST FOR APPROVAL OF TEMPORARY OCCUPANCY - BRIDGEPORT-NORTH WARD (CONT'D) It was noted in the report that the application meets Council's temporary occupancy policy. Mr. T. McCabe advised that staff had nothing further to add to the report. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 11, 1997 - 133 - CITY OF KITCHENER Mr. Dominic Posella appeared as a delegation to express support of the recommendation in the staff report. On motion by Councillor John Smola - it was resolved: "That if City Council supports the request of Immaculate Heart of Mary School for temporary occupancy, their approval be conditional upon the following: "That enforcement of the City's Zoning By-law be waived with respect to a private school at 155 Ahrens Street West and temporary occupancy be approved subject to the school vacating the location in the event the Zone Change Application is not approved in a form that will permit this use, and further, That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event of losses are incurred as a result of final disposition of this application." LETTER - HURON BUSINESS PARK - SHOEMAKER STREET - LEASE OF CITY LANDS FOR PARKING (PART OF LOT 57) - CANADIAN AUTOMOTIVE TRAINING INSTITUTE, 6-64 SHOEMAKER STREET - FAIRVIEW WARD 10. 11. 11. The Committee was in receipt of a letter dated August 7, 1997 from the Economic Development Division recommending the City enter into a lease agreement for approximately 0.08 acres of land on Shoemaker Street to be utilized for parking purposes. On motion by Councillor T. Galloway - it was resolved: "That the City accepts, and the Mayor and Clerk be authorized to execute a Lease Agreement with Canadian Automotive Training Institute Inc. with respect to lands composed of Part of Part 1 on Reference Plan 58R-5359, having a frontage of about 22 feet and an area of about 0.08 acres on Shoemaker Street for rent at the rate of $1 O/month/parking spot." LETTER - LANCASTER CORPORATE CENTRE (PART OF LOT 3) - EXECUTION OF OPTION AGREEMENT WITH lAN COOK CONSTRUCTION LIMITED - BRIDGEPORT-NORTH WARD Ms. V. Gibaut provided a brief explanation as to why the execution of an option agreement with lan Cook Construction Limited was withdrawn from the agenda. LETTER - LANCASTER CORPORATE CENTRE (PART OF LOT 3) - OFFER TO PURCHASE - WHITNEY AND COMPANY REALTY LIMITED, IN TRUST - BRIDGEPORT-NORTH WARD The Committee was in receipt of a letter dated August 7, 1997 from the Economic Development Division regarding the purchase of approximately 1.5 acres of land in the Lancaster Corporate Centre by Whitney & Company Realty Limited in Trust. LETTER - LANCASTER CORPORATE CENTRE (PART OF LOT 3) - OFFER TO PURCHASE - WHITNEY AND COMPANY REALTY LIMITED, IN TRUST - BRIDGEPORT-NORTH WARD (CONT'D) Ms. V. Gibaut commented briefly on the offer and in particular referred to the 60 day conditional aspect as well as the deposit. On motion by Councillor B. Vrbanovic - AUGUST 11, PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES 1997 - 134 - CITY OF KITCHENER 12. 13. it was resolved: "That the City accept, and the Mayor and Clerk execute an Offer to Purchase submitted by Whitney & Company Realty Limited, In Trust, with respect to land in Phase 1 of the Lancaster Corporate Centre and being composed of the most westerly 1.5 acres of Parts 10, 11, and 12 on Reference Plan 58R-(yet to be registered), having a frontage of about 65 metres at a total purchase price of approximately $224,586 based on a price of $175,000 per acre for 1.233 acres of land with no restrictions (Parts 3 and 21) and $33,000.00 per acre for .267 acres which is restricted by regulations (Part of Part 20), and further, That the Offer to Purchase is conditional for 60 days upon the purchaser being satisfied with development potential of the property including soil tests, and further, That the Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor." PD 97~73 - 79 JOSEPH STREET - ADDITION TO KOROVA CAFE - IMPLICATIONS ON VICTORIA PARK AREA HERITAGE CONSERVATION DISTRICT PLAN - VICTORIA PARK WARD The Committee was in receipt of Planning and Development Staff Report PD 97/73 dated July 22, 1997 dealing with the request for an addition to the Korova Cafe and the implications of the addition on the Victoria Park Area Heritage Conservation District Plan. It was noted in the report that since the proposed addition, being a portable, is seen as a temporary installation, staff are of the opinion that the longer term objectives of the Heritage Plan are not compromised by the contemplated addition. Mr. L. Bensason commented on the report and staffs interpretation and pointed out that following the term of the student job program the portable should be removed from the site. As well, he suggested that if another group wishes to make use of the portable at this location then the request should be the subject of a formal alteration application for an addition to the building that would be considered by Heritage Kitchener and a recommendation made to City Council. Councillor M. Wagner concurred with Mr. Bensason's remarks and also added that the portable should be removed if the site was used for a purpose different than the current use. On motion by Councillor M. Wagner - it was resolved: "That Council receive Staff Report PD 97/73 addressing the implications of the addition to the Korova Cafe on the Victoria Park Area Heritage Conservation District Plan for information, and further, That the clear understanding relating to the proposed addition, being a portable, is that the addition is a temporary installation which is to be removed from the site at the conclusion of the student job program (approx. 8-16 months) or if the site is used for a different use other than the current use. Alternatively, at the end of the student job program, if another group requests use of the portable at this location, then the request must be the subject of a formal "alteration application" for an addition to the site submitted to Heritage Kitchener for consideration and recommendation to City Council." PD 97~78 - ADMINISTRATION AND FEES RELATED TO REGISTRATION OF DUPLEX DWELLINGS The Committee was in receipt of Planning and Development Staff Report PD 97/78 dated July 31, 1997 dealing with the subject of administration and fees relating to registration of duplex dwellings. It was noted in the report that on April 29, 1996 Council directed the Department of Planning and Development to investigate the feasibility of administrative procedures and fee structure related to requiring registration for duplex dwellings. The report summarized the issue and concluded that the current inspection program as conducted by the Fire Department is proactive and allows the City to address any potential safety concerns and that it was the opinion of both the Planning and Fire Departments that any additional administrative processes and/or costs are unnecessary at PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 11, 1997 - 135 - CITY OF KITCHENER 14. 15. 16. 16. this time. On motion by Councillor J. Ziegler - it was resolved: "That the Fire Department continue with its current program of identifying and inspecting duplex dwellings and that a formal registration process for such dwellings not be pursued at this time." Councillor T. Galloway indicated that he understood that the Ontario Municipal Board had issued an interim order respecting the duplexing issue. Ms. L. MacDonald advised that staff were still waiting for a copy of the interim order referred to and a brief reference was made to the content of the unseen order. Councillor T. Galloway commented that the order would have serious ramifications for the City in that it would affect all new subdivisions. PD 97~69 - APPOINTMENT OF CO-CHAIR - SAFE CITY COMMITTEE The Committee was in receipt of Planning and Development Staff Report PD 97/69 dated July 14, 1997. It was noted that at its July 8, 1997 meeting the Safe City Committee elected Councillor Karen Taylor-Harrison as Co-Chair. The report also discusses the Co-Chair arrangement for this Committee. On motion by Councillor B. Vrbanovic - it was resolved: "That Councillor Karen Taylor-Harrison be appointed as Co-Chair of the Safe City Committee to replace Councillor Karen Redman." LETTER - APPOINTMENT OF SYBIL FRENETTE - AMO MUNICIPAL REFERENCE GROUP ON SOCIAL HOUSING The Committee was in receipt of a letter dated July 22, 1997 from Mr. B. Stanley informing the Committee that Ms. S. Frenette had been invited to join representatives from other municipalities to participate as a member of the Association of Municipalities of Ontario Municipal Reference Group on Social Housing. The purpose of the reference group was noted in the letter as well as the fact that the issue of housing devolution and the need to keep Council informed is a priority identified in the Department of Planning and Development's Strategic Plan and therefore consistent with the anticipated work program of the Housing Division. PD 97~83 - 295 HIGHVIEW DRIVE/TRUSSLER ROAD - REQUEST TO WAIVE ENFORCEMENT OF THE SIGN BY-LAW - FORESTVIEW BIBLE CHURCH - FOREST WARD The Committee was in receipt of Planning and Development Staff Report PD 97/83 dated August 7, 1997 and distributed this date. Attached to the report was a letter dated August 1, 1997 from Mrs. M. Murphy on behalf of the Forestview Bible Church requesting permission to erect an A- frame sign for the period from August 17th to September 1st every year to advertise their Community BBQ. It was noted in the report than in similar requests in Institutional zones, the Department has no concerns with Council supporting this request for a minor variance to the sign by-law. PD 97~83 - 295 HIGHVIEW DRIVE/TRUSSLER ROAD - REQUEST TO WAIVE ENFORCEMENT OF THE SIGN BY-LAW - FORESTVIEW BIBLE CHURCH - FOREST WARD (CONT'D) On motion by Councillor B. Vrbanovic - it was resolved: "That Council permit on an annual basis, a 16 day A4rame sign related to a Community BBQ for the Forestview Bible Church at 295 Highview Drive, subject to the obtaining of the necessary sign permit in accordance with the setback and other regulations governing A- frame signs." PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 11, 1997 - 136 - CITY OF KITCHENER 17. ADJOURNMENT On motion, the meeting adjourned at 5:50 p.m. L.W. Neil, AMCT Assistant City Clerk