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PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
NOVEMBER 17, 1997
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: Councillors John Smola, K. Taylor-
Harrison, B. Vrbanovic, T. Galloway, M. Yantzi, J. Ziegler and Jake Smola. Mayor R. Christy entered the
meeting after its commencement.
Officials present:
Ms. C. Ladd, L. Pasternak, V. Gibaut, J. Jantzi, P. Bacon and Messrs. J. Gazzola, T.
McCabe, B. Stanley, D. Mansell, R. Morgan, J. Witmer and L.W. Neil.
1. KITCHENER 7TH BUSINESS HERITAGE CELEBRATION AND AWARDS
Ms. V. Gibaut gave notice that the 7th Business Heritage Celebration was taking place in the City
Hall Rotunda on Thursday November 20th and that a reception would be held at 5:00 p.m. with an
awards ceremony to follow at 6:00 p.m. She extended an invitation to all members of Council to
attend the event.
PD 97/100 - DISCUSSION PAPER AND REQUEST FOR DIRECTION
- SKATEBOARD / BICYCLE / IN-LINE SKATE RAMPS IN RESIDENTIAL AREAS
The Committee was again circulated with Staff Report PD 97/100 dated October 3, 1997 which
had been briefly addressed by the Committee at its meeting held October 20, 1997. The
introduction from the October 20th minutes is repeated herein as background information:
"The Committee was in receipt of Planning and Development Staff Report PD 97/100 dated
October 3, 1997 dealing with the matter of skateboard / bicycle / in-line skate ramps in
residential areas. It was noted in the report that as a result of residents complaints
regarding the location of large skateboard / BMX structures being built in residential areas
and the noise associated with these structures, Council had directed Planning staff to
research the issue and prepare a report outlining possible solutions. Subsequently a
survey of ten other municipalities was undertaken to determine their approach to regulating
these structures and none regulate them specifically but rather simply treat them as
accessory structures. Staff have recommended they be regulated in order to limit the
useability and thereby reduce the noise factor and assure that they remain subordinate to
the primary use on the lots."
Mr. T. McCabe commented that if the Committee was in agreement with the comments outlined in
the report it should give direction to staff to arrange a public meeting. He pointed out that the staff
report had been prepared as a discussion paper on this issue. In response to Councillor M.
Yantzi, Mr. McCabe advised that if the proposed regulations were to go forward they would
regulate only skateboard/BMX/in-line ramps and not swings or slides.
Mr. Philip Stelzer appeared as a delegation on this matter and commented that it was necessary
that a public meeting be held and he was willing to ensure the neighbours participated. He
indicated that he had one crucial point of concern and that was that he would like the structure on
an existing property to be included retroactively within any regulations that were developed. Also,
he asked that it be mandatory that such ramps be fully enclosed by fencing and that a procedure
be developed to advise adjoining neighbours of any proposal for such structure.
Councillor T. Galloway commented that the zoning by-law would deal only with future structures
and Mr. T. McCabe confirmed that as a planning principle the zoning by-law could not be made to
apply retroactively against a property. However, he pointed out that any future extension of an
existing ramp would be subject to the regulations contained in the by-law.
Moved by Councillor M. Yantzi -
"That City Council receive Report PD97/100 for its consideration and give direction to the
Department of Planning & Development with respect to arranging a public meeting to
consider a proposed zoning by-law."
Councillor B. Vrbanovic questioned if the recommendation to hold a public meeting to consider a
proposed zoning by-law to regulate skateboard/bicycle/in-line skate ramps in residential areas was
a case of overkill on an issue that has to date occurred in only a few places in the
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
NOVEMBER 17, 1997 - 164 - CITY OF KITCHENER
PD 97/100 - DISCUSSION PAPER AND REQUEST FOR DIRECTION
- SKATEBOARD / BICYCLE / IN-LINE SKATE RAMPS IN RESIDENTIAL AREAS
(CONT'D)
municipality. He questioned if any such problems could not be better resolved through a
mediation approach.
Mr. T. McCabe stated that staff were not in favour of proceeding with a by-law to address this
problem but had acted in response to Council direction on the matter.
Councillor B. Vrbanovic stated that it was his preference to deal with individual problems as they
occur; however, Councillor M. Yantzi commented that mediation has been attempted and has so
far failed and he supported a public meeting to address a proposed zoning by-law.
The motion of Councillor M. Yantzi was then put to a vote and lost.
Councillor C. Weylie questioned how this matter should now be finalized and Mr. T. McCabe
recommended that the Committee simply set the issue aside at this time.
Councillor M. Yantzi commented that in view of his motion being defeated every attempt be made
to encourage both parties to enter into a mediation process. Mr. T. McCabe advised that planning
staff were willing to work with the Ward Councillor to facilitate this process. Mr. P. Stelzer advised
that the owner of the subject property had so far been unwilling to participate in any mediation
process to resolve residents complaints. Mr. T. McCabe advised that problems caused by the
ramps could be addressed through enforcement of the noise by-law and Ms. L. Pasternak
confirmed that a charge has been laid under the noise by-law and was before the courts.
152-153 SHANLEY STREET - ENVIRONMENTAL INVESTIGATION - MINISTRY OF THE ENVIRONMENT
- NOTICE OF OPEN HOUSE - WEDNESDAY NOV. 19, 1997
Councillor John Smola circulated a notice dated November 10, 1997 from the Ministry of the
Environment which advises residents in his ward that an environmental investigation would be
undertaken in the vicinity of 152-153 Shanley Street during the week of November 24, 1997.
Details with respect to the issue were itemized in the Ministry's letter as well as an invitation
extended to residents to attend an open house to be held at the Transylvania Club, Downstairs
Hospitality Room, from 7:00 p.m. to 9:00 p.m. on Wednesday November 19, 1997.
DELEGATION - MR. GERRY WETTLAUFER - 185 PALMER AVENUE
- REQUEST FOR APPROVAL OF TEMPORARY OCCUPANCY AND WAIVING
OF ENFORCEMENT OF THE ZONING BY-LAW
Councillor J. Ziegler introduced Mr. G. Wettlaufer, briefly described the type of relief from the
zoning by-law that Mr. Wettlaufer was requesting and noted that a petition was circulated
supporting his small business proposal to develop a small meat processing facility at 185 Palmer
Avenue for a period of 18 months. The intent was that this interim period would allow enough time
to build clientele and subsequently find a more suitable properly zoned location.
Mr. Wettlaufer advised that he and his partner had been laid off from their previous jobs and had
undertook a federally sponsored business course and had subsequently made an investment to
renovate the basement of 185 Palmer Avenue to conduct their meat processing business. He
advised that all of the neighbours in the area except three who were not at home have signed the
petition supporting their proposed small business for an 18 month temporary period. Mr.
Wettlaufer advised that he would be doing all necessary pickup and delivery and there would be
no other traffic accessing the property in respect to the operation of this business. He asked for
the Committee's approval to temporarily waive the zoning by-law to allow them to develop their
business until such time as they can relocate to a more suitable premises. He noted that they
would only be making sausage and doing custom butchering.
Mayor R. Christy entered the meeting at this point.
4. DELEGATION - MR. GERRY WETTLAUFER - 185 PALMER AVENUE
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
NOVEMBER 17, 1997 - 165 - CITY OF KITCHENER
- REQUEST FOR APPROVAL OF TEMPORARY OCCUPANCY AND WAIVING
OF ENFORCEMENT OF THE ZONING BY-LAW (CONT'D)
Councillor J. Ziegler commented that the subject property was near to the Schneiders plant and
noted that property located across the road had the necessary zoning but staff could not support a
zone change. Mr. T. McCabe advised that Councillor J. Ziegler had approached him in respect to
this matter a few weeks ago but stressed that the proposal violates the check list developed by
Council for the consideration of requests for temporary occupancy. He stated that in effect the
Committee was being asked to authorize a meat manufacturing business in a residential area.
In response to Councillor M. Yantzi the delegation confirmed that the operation would be limited to
the basement area of the dwelling and would be limited to putting sausage into a casing and
butchering meat into specialty packaging. In response to Councillor K. Taylor-Harrison the
delegation advised that the proposal meets all codes except zoning. Councillor J. Ziegler
commented that it was an opportunity to assist a small business. He indicated that he did not
know if health officials could provide the business operators with a certificate if they did not have
the City's approval in this regard. The delegation confirmed that there would be no smoking of
meat nor cooking of meat and the operation would be limited to the activities described. Councillor
Vrbanovic questioned if a clause could be developed which would provide that should the
neighbourhood object to the business then the owner would be given notice to relocate within 30
days. Ms. L. Pasternak supported the comments of Mr. T. McCabe and pointed out that any
direction given to staff not to enforce the zoning by-law regulations does not prevent a private
citizen from taking action to object to the illegal use.
Mayor R. Christy commented that he would reluctantly support the request but expressed concern
that the City was possibly misleading the applicants to invest further monies in the subject location.
He asked that it be ensured that provisions be included with regard to termination date and
requirement to cease the operation should problems occur.
Councillor Jake Smola stated that he would like to see the neighbourhood fully informed of the
proposal before the City takes action and in this regard he would like the following issues
addressed: hours of operation, vehicular parking on site, size of vehicles on site and storage of
meat processing remains. Councillor J. Ziegler pointed out that health concerns were being
addressed by the health authorities. Councillor Jake Smola stated that he would support a one
year waiver and asked that the matter be referred to staff to identify controls on the operation
before Council formally considers it. Mr. T. McCabe advised that staff do not have any controls
that they could legally impose and recommended the Committee itemize them in their resolution if
they were to approve the request.
Councillor M. Yantzi requested that if the delegations request was approved that the other three
neighbours not on the petition be notified and all the people who signed the petition be notified by
the applicant of the Committee's decision.
On motion by Councillor J. Ziegler -
it was resolved:
"That the Department of Planning and Development be directed to waive enforcement of
the Zoning By-law in respect to the meat processing business temporarily located as a
home business in the basement of 185 Palmer Avenue up to May 17, 1999, unless a
complaint is received from neighbouring residents or property owners, in which case the
operators shall cease the use of 185 Palmer Avenue for meat processing no later than 30
days following receipt of written notification by the City of Kitchener of any such complaint
having been received."
PD 97/108 - PROVISION OF COMMUNITY GARDENS IN HIGH RISE SITE PLANS AND CITY
ROLE AND POLICY IN FACILITATING COMMUNITY GARDENS
The Committee was in receipt of Planning and Development Staff Report PD 97/108 dated
October 22, 1997. The background of the staff report contained comment regarding community
gardens in high rise developments and community gardens policy.
PD 97/108 - PROVISION OF COMMUNITY GARDENS IN HIGH RISE SITE PLANS AND CITY
ROLE AND POLICY IN FACILITATING COMMUNITY GARDENS (CONT'D)
No delegations were registered respecting this matter.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
NOVEMBER 17, 1997 - 166 - CITY OF KITCHENER
On motion by Councillor M. Yantzi -
it was resolved:
"1)
That City Council request the Departments of Planning and Development and Parks
and Recreation to approach the requested requirement for the provision of a
Community Garden in the site plans of high rise developments, by the incorporation
of appropriate implementation provisions in the draft Urban Design Guidelines and
Standards.
2)
That City Council endorse the request of the Downtown Advisory Committee that
appropriate City Staff working through the Planning Department, be directed to
formulate a Community Garden Policy directed toward outlining the role that the City
and its various Department could play in the facilitation of Community Gardens in
the City."
Councillor M. Yantzi requested that members of Council advise staff of any vacant lands they were
aware of that might be utilized.
PD 97~97 - SIGN BY-LAW AMENDMENTS - MUNICIPAL CODE CHAPTER 680 (SIGNS)
- USE OF PORTABLE SIGNS TO ADVERTISE FOR CHARITABLE
ORGANIZATIONS AND USE OF PORTABLE SIGNS FOR INSTITUTIONAL USES
WITHIN INSTITUTIONAL ZONES
The Committee was in receipt of Planning and Development Staff Report PD 97/97 dated
September 24, 1997. The report deals with sign by-law amendments to Chapter 680 (Signs) of the
City of Kitchener Municipal Code concerning the use of portable signs to advertise for charitable
organizations and the use of portable signs for institutional uses within institutional zones.
Ms. C. Ladd advised that the recommendation in staff report PD 97/97 was the result of a request
by Council that was dealt with in PD 97/90 as well as being based on the outcome of a number of
requests approved by Council in institutional zones.
It was pointed out that notice that the Committee would hold a public hearing this date to consider
this matter had previously been given.
No delegations were registered respecting this matter.
On motion by Councillor T. Galloway -
it was resolved:
"That Council approve the Proposed By-law attached to Staff Report PD 97~97, dated
November 6, 1997 amending Chapter 680 (Signs) of the Municipal Code to permit
businesses and institutional uses to erect non-accessory portable signs to advertise
charitable organizations or events."
PD 97~95 - 20 & 44 BEASLEY DRIVE
- ZONE CHANGE APPLICATION ZC 961331BIPB
- HUDEL MAINTENANCE & CONSTRUCTION LTD. AND UNITRON INDUSTRIES
LTD.
- AND -
- 54 BEASLEY DRIVE & 200 TRILLIUM DRIVE
- ZONE CHANGE APPLICATION ZC 97141BIPB
- DAN BROWN & WESCO LIFTX INC. - FAIRVIEW WARD
The Committee was advised that the Department of Planning and Development was in receipt of
two zone change applications to rezone lands from Business Park Zone (B-l) to Business
PD 97~95 - 20 & 44 BEASLEY DRIVE
- ZONE CHANGE APPLICATION ZC 961331BIPB
- HUDEL MAINTENANCE & CONSTRUCTION LTD. AND UNITRON INDUSTRIES
LTD.
- AND -
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
NOVEMBER 17, 1997 - 167 - CITY OF KITCHENER
- 54 BEASLEY DRIVE & 200 TRILLIUM DRIVE
- ZONE CHANGE APPLICATION ZC 97141BIPB
- DAN BROWN & WESCO LIFTX INC. - FAIRVIEW WARD (CONT'D)
Park Service Centre Zone (B-3) according to By-law 85-1. The B-3 zone permits a variety of
commercial and service oriented uses intended to service surrounding industrial and business
park uses. The first zone change application ZC 96/33/B/PB was submitted by Hudel
Maintenance & Construction Ltd. and Unitron Industries Ltd. in respect to the lands known
municipally as 20 & 44 Beasley Drive. The second zone change application ZC 97/4/B/PB was
submitted by Dan Brown & Wesco Liftx Inc. with respect to the properties known municipally as 54
Beasley Drive & 200 Trillium Drive. In this regard the Committee considered Planning and
Development Staff Report PD 97/95 dated September 15, 1997 and a proposed by-law dated
September 19, 1997 attached to the report.
It was pointed out that notice that the Committee would hold a public hearing this date to consider
this matter had previously been given.
Ms. C. Ladd briefly explained the purpose of the proposed zoning changes.
No delegations were registered respecting these matters.
On motion by Councillor J. Ziegler -
it was resolved:
"That Zone Change Applications ZC 96/33/B/PB (Hudel Maintenance & Construction Ltd.)
and ZC 97141BIPB (Dan Brown) requesting a change of zoning from Business Park Zone
(B-l) and Business Park Zone, (B-l) with Special Use Provision 51U to Business Park
Service Centre Zone (B-3) according to By-law 85-1 on lands legally described as Plan
1478, Lots 33, 34, 35 and 36, more particularly described as Parts 22, 23, 24 and 25, 58R-
1111, be approved in the form shown in the "Proposed By-law" attached dated September
19, 1997, subject to the following conditions being satisfied prior to any readings of the By-
law by Council:
1)
That the Owner arrange for notification, by letter from the Regional Municipality of
Waterloo to the City Clerk, indicating that all Regional requirements have been
satisfied with respect to the proposed zone changes;
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 96/33/B/PB and ZC97/4/B/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 approval of this application is proper planning for the
City and is in conformity with the City's Municipal Plan."
WATERLOO REGIONAL AIRPORT BUSINESS PLAN
NOTICE OF PUBLIC INFORMATION SESSIONS - DEC. 3 & 4/97
Councillor Jake Smola circulated a notice dated November 10, 1997 advising of details with regard
to meetings that are to be held on December 3 & 4, 1997 with regard to the issue of Waterloo
Regional Airport Site Development Options. Councillor Smola requested that members of City
Council make every effort to attend the information sessions.
On another matter, Councillor J. Ziegler advised that he had objected to Airport officials over noise
that occurred one evening and had received a form letter from the airport in response.
WATERLOO REGIONAL AIRPORT BUSINESS PLAN
NOTICE OF PUBLIC INFORMATION SESSIONS - DEC. 3 & 4/97 (CONT'D)
He noted that the letter reflects an attitude on the part of the airport that accepts noise as being
permissable during the day but a willingness to attempt to moderate it at night. Councillor Ziegler
suggested that airport noise is disruptive to residents at any time during the day or evening.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
NOVEMBER 17, 1997 - 168 - CITY OF KITCHENER
10.
ONTARIO MUNICIPAL BOARD HEARING RE: APPEAL OF BY-LAW 96-153
RE-OPENING OF THE HEARING ON THE BY-LAW
Mr. T. McCabe circulated a letter dated November 6, 1997 received by the Legal Department from
the Ontario Municipal Board advising that it intends to proceed to reopen the Hearing on By-law
96-153 regarding the matter of duplexes in R-2 and R-3 zones.
Mr. T. McCabe advised that staff were confused by the direction this matter has taken given that
the OMB issued a verbal order previously and that staff were not aware what has transpired since
the Board issued its verbal order.
ADJOURNMENT
On motion, the meeting adjourned at 4:40 p.m.
L.W. Neil, AMCT
Assistant City Clerk
