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HomeMy WebLinkAboutPlng & Econ Dev - 1997-10-20PED\1997-10-20 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 20, 1997 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:15 p.m. under Councillor C. Weylie, Chair, with the following members present: Councillors John Smola, K. Taylor- Harrison, B. Vrbanovic, T. Galloway, M. Wagner, J. Ziegler and Jake Smola. Mayor R. Christy and Councillors M. Yantzi and G. Lorentz entered the meeting after its commencement. Officials present: Ms. C. Ladd, J. Given, P. Houston, L. Pasternak, S. Frenette and Messrs. J. Gazzola, T. McCabe, B. Stanley, D. Mansell, R. Morgan, L. Bensason, L. Masseo, T. Boutilier, Z. Janecki, J. Shivas, J. Witmer, J. Willmer and L.W. Neil. 1. PD 97/102 - INFORMATION REPORT ON CHARITY GAMING CLUBS STUDY The Committee was in receipt of Planning and Development Staff Report PD 97/102 dated October 8, 1997 dealing with a Charity Gaming Clubs Study. In this regard a background report dated October 6, 1997 entitled "Permanent Charity Gaming Clubs" was attached to the staff report. This background report identifies key questions to be examined concerning an economic benefit study; reviews pertinent Municipal Plan policies, Zoning, and development regulations; and provides three appendices setting out City Council discussions, Provincial information, and casino reference articles. Mr. T. Boutilier presented a summary of the report in conjunction with an overhead presentation. He pointed out that there were two fundamental questions in regards to the gaming club issue. The first was a moral question which he stated that staff do not intend to comment on and the second was the matter of the gaming clubs representing a new type of land use. He commented that any recommendation in this regard would be made early in Spring 1998 on any changes to the zoning by-law. Mayor R. Christy entered the meeting at this point. Discussion followed and it was noted that the activity of the study group was part of the Interim Control By-law process surrounding this issue. Mayor R. Christy commented that the provincial government has stated that it will not force any municipality to accept a charity gaming club if it does not wish to have one. Further, he noted that there would be no video lottery terminals in bars and restaurants. Councillor John Smola expressed concern as to what activity would take place after the provincial deadline of March 31, 1998 and if the charities would be involved in a process to which Mr. Boutilier responded there would be no participation. Mayor R. Christy advised that he has requested the province to respond by letter outlining what specific problems the province had in regard to roving casinos in order that municipalities may address this issue and noted that there was some lead time to provide a response. On motion by Councillor J. Ziegler - it was resolved: "That PD Report 97/102 (Charity Gaming Clubs Study) and the accompanying "Permanent Charity Gamin.q Club Backqround Report", dated October 6, 1997, be received for information." PD 97/109 - NEW SIGNAGE AT GRAND HOTEL & EAST END TAVERN The Committee was in receipt of Planning and Development Staff Report PD 97/109 dated October 17, 1997 distributed this date. It was noted that this report had been scheduled to be considered by the Finance and Administration Committee this date. It was stated in the report that at the October 14, 1997 Council meeting, enforcement staff had been requested to investigate and report on wall murals currently in place at the Grand Hotel and the East End Tavern and advise whether the murals violate any statutes. Mr. T. McCabe advised that staff investigated the signs and had found that the only violation was a failure to obtain a sign permit. Councillor M. Yantzi entered the meeting at this point. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 20, 1997 - 157 - CITY OF KITCHENER PD 97/109 - NEW SIGNAGE AT GRAND HOTEL & EAST END TAVERN (CONT'D) Councillor John Smola asked for a legal opinion as to whether the murals violate any legal statutes. Mr. J. Shivas responded that the sign at the Grand Hotel was not counter to criminal code legislation. He suggested that the only legislation the Committee may wish to utilize would be through the regulations of the adult entertainment by-law and through the development of appropriate restrictions. Councillor John Smola advised that he has suggested Mayor Christy write a letter to the owners/operators of the Grand Hotel to point out that the advertising was offensive and was seen by children walking to and from school and request their co-operation to alter the advertising. Councillor B. Vrbanovic favoured staff investigating the signage requirement issue through the adult entertainment by-law and asked if staff could bring back a recommendation in this regard. Councillor G. Lorentz entered the meeting at this point. Councillor K. Taylor-Harrison indicated that she would like to discuss the matter further at a future date. Councillor John Smola supported Mayor Christy contacting the owners/operators about the matter and arranging a meeting in this regard. On motion by Councillor J. Ziegler - it was resolved: "That the owners of the Grand Hotel, 6 Bridge St.W., obtain Sign Permits for the new fascia signs located on the front wall of the building." PD 97~82 - 155 AHRENS STREET WEST -ZONE CHANGE APPLICATION ZC 97/12/A/ZJ - TRUSTEES OF THE POLISH NATIONAL UNION OF CANADA BRANCH NO. 3, KITCHENER - BRIDGEPORT-NORTH WARD The Committee was advised that the Department of Planning and Development was in receipt of a zone change application submitted by the Trustees of the Polish National Union of Canada Branch No. 3, Kitchener respecting the property known municipally as 155 Ahrens Street West. The zoning change proposed is to rezone the property from Residential Six Zone (R-6) to Neighbourhood Institutional Zone (I-1) with a Special Use Provision allowing additional commercial uses including artisans establishment, financial establishment, health office, personal services, private club, and social services establishment. In this regard the Committee considered Planning and Development Staff Report PD 97/82 dated October 7, 1997 and a proposed by-law dated September 29, 1997 attached to the report. The subject property is located at the southwest corner of Ahrens Street and Louisa Street and the Polish Club occupies the lower half of the building while the top portion is proposed to be occupied by a private school. 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 summarized the application and advised that staff had nothing further to add to the report under consideration. Ms. Helen Lippert appeared as a delegation in support of the comments contained in her correspondence dated October 20, 1997 distributed to the Committee this date. She advised that she did not object to locating a school on the premises but expressed concern with regard to the following proposed uses: artisans establishment, personal services and private club. She asked that these be removed from the application. Mr. Dominic Posella appeared as a delegation on behalf of the school that proposes to locate within the property to support the application and answer any question in that regard. Mr. R.A. Varin, President of the Polish Club appeared as a delegation in support of the application. 3. PD 97~82 - 155 AHRENS STREET WEST PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 20, 1997 - 158 - CITY OF KITCHENER -ZONE CHANGE APPLICATION ZC 97/12/A/ZJ - TRUSTEES OF THE POLISH NATIONAL UNION OF CANADA BRANCH NO. 3, KITCHENER - BRIDGEPORT-NORTH WARD (CONT'D) Mr. Jacek Ziembicki was registered as a delegation but chose not to make a presentation. At the request of Councillor C. Weylie, Ms. C. Ladd responded to the concerns raised by Ms. Lippert and clarified actual uses that could possibly locate within the building following the zoning change. She pointed out that body rub parlours would not qualify to locate within the premises under Council's Iocational criteria. Councillor John Smola commented on the issues that had been raised and indicated that he was in favour of the application. On motion by Councillor John Smola - it was resolved: "That Zone Change Application ZC 97/12/AIZJ (Trustees of the Polish National Union of Canada Branch #3, Kitchener) requesting a change in zoning from Residential Six Zone (R-6) to Neighbourhood Institutional Zone (I-1) with a special use provision 244U according to By-law 85-1 on lands legally described as Lot 326 and Part of Lot 325, Registered Plan 376, be approved in the form shown in the "Proposed By-law" attached dated September 29, 1997, subject to the following conditions being satisfied prior to any readings of the By- law by Council: 1) That a parking plan be submitted to and approved by the Director of Community Planning, Development and Design and that the parking lot be developed in accordance with the approved plan. 2) That a landscaping plan be submitted to and approved by the Director of Community Planning, Development and Design and that the landscaping and the site works be completed in accordance with the approved plan. 3) The owner acknowledges that conditions 1 and 2 are required to be satisfied no later than seven months after Council having approved by resolution Zone Change Application 971121AIZJ. In the event this resolution is 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 and is in conformity with the City's Municipal Plan." PD 97/105 - USE OF ASSESSMENT AS A MEASURE OF DOWNTOWN REVITALIZATION The Committee was in receipt of Planning and Development Staff Report PD 97/105 dated October 8, 1997 dealing with the issue of use of assessment as a measure of downtown revitalization. It was noted in the report that members of Council have been requesting information on the impact of the revitalization strategies on the assessment revenue generated from the downtown. Staff commented in the report that investigations show that the volatility of assessment, the dynamics of the real estate market place and the changes in land use make a comparative analysis of assessment revenue over time a flawed means of assessing the effectiveness of the downtown revitalization strategy. Six reasons were outlined in the report as to why assessment is not a reliable measure of improvement. Ms. Frenette proceeded to summarize the purpose of the report and commented on the reasons why assessment was not a reliable measure of improvement. In this regard it was noted that: many properties downtown are exempt, assessment does not respond quickly to change, filling vacant space does not significantly increase overall assessment, market value reassessment conducted every four years revises the assessment base and the effect of assessment appeals affects the base measurement. Ms. Frenette referred the Committee to the conclusions in the report and asked that the Committee not be discouraged in the revitalization efforts as the reduction of total assessment for the Downtown should not be read entirely as evidence of a declining Downtown. PD 97/105 - USE OF ASSESSMENT AS A MEASURE OF DOWNTOWN REVITALIZATION (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 20, 1997 - 159 - CITY OF KITCHENER Councillor B. Vrbanovic commented that he found the declining assessment disappointing in consideration of the actions that have been taken in the last few years to promote the Downtown. He questioned if staff had considered trends in other municipalities so as to develop a bench mark that would illustrate how Kitchener's Downtown was doing at revitalization in comparison. Ms. Frenette advised that contact could be made with other business associations to obtain whatever data they might have. Councillor Vrbanovic referred to concerns expressed on page 2 of the report and questioned what was needed to improve the situation. Ms. Frenette advised that staff do a monthly walk around the downtown to document business change and forward notice of such changes to the Regional Assessment Office for their action. It was noted that staff of the Finance Department have been asked to prepare a report on how the City could obtain information sooner from its partners in order to expedite changes to assessment records. Councillor T. Galloway referred to the six reasons that staff have advanced as to why assessment should not be used as a measure of revitalization and pointed out that previously the Council had been told that assessment would be a measure. He commented that while there were pluses and minuses with respect to assessment change, many factors were really the same as before and strongly suggested that the assessment issue not be so quickly dismissed as a relative measure. In response to the six reasons itemized in the staff report he suggested that items 1-5 were constant factors relative to assessment and that the market value reassessment issue could be mathematically readjusted as required. Councillor Jake Smola commented that assessment issues were driving forces behind much of City Council's initiatives with respect to the downtown and he also expressed concern with regard to the timing of consideration of this report in the midst of an election campaign. Ms. P. Houston responded to further questions of Councillor Jake Smola noting that a time lag does exist with regard to start up of a new business and its assessment but that taxes owing dated back to the date of establishment of the business. Councillor J. Ziegler indicated that he agreed with the comments of Councillor T. Galloway and it was his view that assessment was still a significant factor and in this regard he indicated that he was prepared to move the staff recommendation but revise it to include the word "exclusively" within the first paragraph. Councillor M. Yantzi questioned why the assessment issue was such a central focus and Ms. S. Frenette advised that in preparing the report she responded to what she thought was an expectation by Council in regard to this matter. Councillor T. Galloway was of the opinion that assessment must be part of the equation utilized to evaluate improvement in the downtown and that it must continue to be monitored. Mayor R. Christy commented that when Council had the debate on how to improve the downtown it was his assumption that assessment was the best way to monitor change. However, he agreed that assessment should be considered as only one of the indicators of change and he was encouraged by the change that has taken place in that the slippage of assessment value within the downtown has been stopped. Mr. J. Gazzola commented that assessment was an important factor which must be looked at over the long term and that there was no point in looking at it in the short term. Further, he noted that appeal processes that can often take a long time and pointed out that 1997 assessment figures likely had been influenced as a result of decisions arising from appeals made for previous years. On the issue of slow notification of assessment changes, he commented that the only impact was with respect to slower cash flow in the interim period after a new business locates in new premises. On motion by Councillor J. Ziegler - it was resolved: "That assessment information not be used exclusively to monitor the success of the municipality's downtown revitalization program; and further, That the monthly reports prepared by the downtown Development Team which record business openings, closings, expansions, renovations and relocations be sent to the Finance department and forwarded to the Regional Assessment office for inclusion in their mid year supplementary assessments." PD 97/101 - 1996/97 DOWNTOWN MONITORING REPORT The Committee was in receipt of Planning and Development Staff Report PD 97/101 dated PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 20, 1997 - 160 - CITY OF KITCHENER October 10, 1997 dealing with the matter of 1996/97 downtown monitoring of the success of revitalization. It was noted in the report that the Mayor's Task Force on Downtown Revitalization produced an action plan of 46 recommendations which were accepted by Council in July 1995. A downtown database has now been established that facilitates an accounting of changes that have occurred in the downtown. Ms. S. Frenette commented on the report and noted that it was necessary to develop a downtown database to facilitate monitoring of changes. Councillor B. Vrbanovic referred to the indicators presented in the report as a measure of change and questioned if the area of special events was one that could be looked at in comparison with other parts of the City. Ms. Frenette advised that she would investigate this request to determine if data was available on other parts of the City. Councillor T. Galloway questioned what the rationale was for not including shopping malls in the vacancy rate statistics and Ms. Frenette advised that the mall operators were sensitive to providing data for such report and noted that many malls have lost 50% of their businesses in the last few years. Councillor Galloway questioned if there was any way of measuring against other municipalities and Ms. Frenette indicated that she was willing to attempt to obtain such information. Councillor M. Yantzi commented that he would like to see the question addressed as to how we could broaden downtown renewal. Councillor M. Wagner questioned if the City has done everything to attract downtown residential development and considered whatever encouragement was necessary to bring this about. Ms. Frenette advised that staff were currently working on a Downtown Marketing Study which it was expected would be completed in February 1998. Councillor M. Wagner stated that he would like to see the 1998 City Council deal with the matter of incentives that would draw residential developers into the downtown. On motion by Councillor M. Wagner - it was resolved: "That Council receive the findings of the 1996-97 Downtown Monitoring Report as evidence of success in the many initiatives undertaken to revitalize the downtown core and direct staff to make the report available to the business and investment community for their use in helping to market the downtown as a place to live, work and conduct business." PD 97/100 - DISCUSSION PAPER & REQUEST FOR DIRECTION - SKATEBOARD / BICYCLE / IN-LINE SKATE RAMPS IN RESIDENTIAL AREAS 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 / inline 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. Ms. C. Ladd commented on the content of the report and noted that staff were asking for direction from the Committee to initiate preparation of a zoning by-law and advertising for a public meeting to consider this matter. PD 97/100 - DISCUSSION PAPER & REQUEST FOR DIRECTION - SKATEBOARD / BICYCLE / IN-LINE SKATE RAMPS IN RESIDENTIAL AREAS (CONT'D) Councillor M. Yantzi questioned if the GRCA had been approached regarding their concern in this PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 20, 1997 - 161 - CITY OF KITCHENER matter and Mr. J. Witmer advised that the GRCA has indicated it would consider an application for a fill permit in order that the structures comply with their regulations. Councillor B. Vrbanovic asked that consideration be given to banning skateboarding in the downtown since the City was building a facility for users. On motion by Councillor M. Yantzi - it was resolved: "That Planning and Development Staff Report PD 97/100 (Skateboard / Bicycle / Inline Skate Ramps in Residential Areas) be deferred and referred to the November 17, 1997 meeting of the Planning and Economic Development Committee for consideration." PD 97~98 - ESTABLISHMENT OF A CAPITAL FUND RE: - IMPLEMENTATION OF APPROVED HERITAGE CONSERVATION DISTRICT PLANS The Committee was in receipt of Planning and Development Staff Report PD 97/98 dated October 2, 1997 dealing with the establishment of a Capital fund to assist with the implementation of approved Heritage Conservation District Plans. It was noted in the report that in December 1992, City Council approved the initiation of a phased program of Heritage Conservation District Plan preparation and the allocation of funds to retain heritage consultants to prepare selected Heritage Conservation District Plans. Mr. B. Stanley explained the purpose of the report and noted that a stream of capital funding was required in order to implement Council's objectives for Heritage Conservation District Plans. Councillor M. Wagner commented that the funding requirement was a bi-annual one and noted that Council's action on this matter communicates a leadership role. On motion by Councillor M. Wagner - it was resolved: "That City Council approve in principle the establishment of a bi-annual Capital fund in the amount of $25,000, for the provision of thematic signage, lighting, interpretive areas and other features as recommended in approved Heritage Conservation District Plans, and further, that this request be referred for consideration as part of the 1998 Capital Budget." PD 97/104 - UPDATE ON DELEGATION OF APPROVAL AUTHORITY FROM REGION OF WATERLOO RE: - PLANS OF SUBDIVISION & PLANS OF CONDOMINIUM AND - PART LOT CONTROL EXEMPTION BY-LAWS The Committee was in receipt of Planning and Development Staff Report PD 97/104 dated October 8, 1997. The report discusses the issue of delegation of approval authority from the Region of Waterloo to the City for plans of subdivision, plans of condominium and part lot control exemption by-laws and the process that has been followed to meet an effective date of January 1, 1998 for such delegation. It was noted that the Region was now in a position to delegate such approval authority. On motion by Councillor T. Galloway - it was resolved: "That Council receive Planning and Development Staff Report PD 97/104 (Delegation of Approvals - Subdivisions, Condominiums and Part Lot Control Exemption By-laws) for information." PD 97~96 - 953 DOON VILLAGE ROAD - ZONE CHANGE APPLICATION ZC 971231DIJW - B. GREWAL - SOUTH WARD The Committee was advised that the Department of Planning and Development was in receipt of a zone change application submitted by B. Grewal respecting the property known municipally as 953 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 20, 1997 - 162 - CITY OF KITCHENER Doon Village Road. The zoning change proposed is to allow for the construction of a duplex dwelling. In this regard the Committee considered Planning and Development Staff Report PD 97/96 dated October 1, 1997 and a proposed by-law dated September 30, 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. The Committee was advised that staff had nothing further to add to the report under consideration. However, a request has been made that the recommendation arising from consideration of this matter be dealt with at a Special Council meeting immediately following the conclusion of the Planning and Economic Development Committee meeting and that the amending zoning by-law receive three readings this date. Mr. B. Grewal was registered as a delegation but did not make a presentation. No other delegations were registered respecting this matter. On motion by Councillor T. Galloway - it was resolved: "That Zone Change Application ZC 97/23/D/JW (B. Grewal) rezoning 953 Doon Village Road from R-2 (Residential Two Zone) to R-2D (Residential Two D Zone), be approved in the form shown in the attached "Proposed By-law", dated September 30, 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." By general consent the Committee directed that the Committee's recommendation respecting this matter and three readings of the amending zoning by-law be referred to the Special Council meeting this date for ratification and approval. 10. ADJOURNMENT On motion, the meeting adjourned at 5:00 p.m. L.W. Neil, AMCT Assistant City Clerk