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HomeMy WebLinkAboutPlng & Econ Dev - 1998-05-11PED\1998-05-11 MAY 11, 1998 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES 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: Mayor C. Zehr and Councillors M. Yantzi, J. Ziegler, K. Taylor-Harrison, G. Lorentz, T. Galloway, and John Smola. Councillors B.Vrbanovic and J. Haalboom entered the meeting shortly after its commencement. Councillor J. Ziegler left the meeting at 4:00 p.m. Officials present: Ms. C. Ladd, J. Given, P. Bacon, S. Frenette, B. Newall and Messrs. J. Gazzola, J. Shivas, T. McCabe, B. Stanley, R. Morgan, J. Witmer, R. Mattice, D. Mansell, J. Willmer, T. Clancy and L.W. Neil. PD 98/66 - 843 GUELPH STREET - DEVELOPMENT HISTORYAND RECOMMENDED REVISIONS - BRIDGEPORT-NORTH WARD The Committee was in receipt of Planning and Development Staff Report PD 98/66 dated April 23, 1998. The report deals with the development history of 843 Guelph Street and provides a list of revisions to improve by-law compliance on the site. It was noted in the report that at the April 14, 1998 Council meeting, Mr. G. Bender presented concerns regarding recent changes to the industrial building located across from his property and these concerns were itemized in the staff report. Mr. J. Witmer advised that staff had nothing further to add to the staff report. Mr. Glen Bender appeared as a delegation and read a submission which was distributed to the Committee this date. He indicated that he generally agreed with the recommendations in the staff report and in his submission spoke to the matter of site plan control and the fact that incremental minor changes allow for site planning control to be circumvented. Mr. Bender also expressed a concern regarding maintenance of the exterior grounds of 843 Guelph Street which were not being kept up to the standard required in the City's Municipal Code. Finally, Mr. Bender commented that an exit door had recently been added to the structure resulting in the sound integrity of the building being broken and noise escaping from the facility. Mr. T. McCabe commented that in his view it was doubtful the City would ever require minor changes to such things as doors and windows to be addressed under site plan control. Councillor J. Smola questioned the noise problem and Mr. J. Witmer indicated that noise by-law enforcement staff could be called in. It was Councillor John Smola's view that site plan control was needed in an instance such as this property, as minor renovations keep generating new problems. Mr. McCabe commented that throughout the process the owner has been co-operating to address concerns that have been brought to his attention. On motion by Councillor John Smola - it was resolved: "That the owner of 843 Guelph Street be asked to agree to the following required and/or requested revisions to improve by-law compliance on the site: 1) Prohibition on parking along Guelph Street in front of the Property. 2) Installation of physical barriers (i.e., landscaping, bollards) to prevent vehicle access to landscaped areas in front of Units 1 & 3. 3) Installation of a pedestrian walkway to the entrance door to Unit 3. 4) Limiting use of the "lay-by" lane to mail and courier deliveries and installation of "No Parking Anytime" and "Deliveries At Rear" signs. 5) Submission of written authority from the property owner for Traffic & Parking Staff to enforce parking restrictions on the property. 6) Creation of a rear or side loading door for Unit 5. 7) Submission of written confirmation from the property owner that Unit 3 has access to the loading door at the rear of Unit 4." 2. PD 98~73 - ADDENDUM TO PD 98/43 MAY 11, 1998 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 92 - CITY OF KITCHENER PD 98/43 - 323 KING STREET EAST - T. DIBATTISTA - ROCKWAY-VICTORIA WARD The Committee was in receipt of Planning and Development Staff Report PD 98/73 prepared as an addendum to PD 98/43 as well as PD 98/43. It was noted in PD 98/73 that PD 98/43 had been received by the Committee as information on April 6, 1998, at which time the Committee directed staff to provide an update on the matter of Site Plan Agreement Obligations respecting 323 King Street East at the meeting this date. Ms. C. Ladd advised that staff had nothing further to add to the report under consideration. However she did note that the owner has now requested changes, that staff do not support, to the approved site plan. Mr. John Clinckett, Architect appeared as a delegation on behalf of the applicant and distributed a letter dated May 11, 1998. The letter addresses changes requested to the site plan in order to obtain a wider access driveway as well as putting forward a request for approval of a temporary sign for 323 King Street East to assist the business during the period that King Street was under reconstruction. Councillors B. Vrbanovic and J.Haalboom entered the meeting at this point. Mr. T. McCabe commented that it was his understanding that the owner had made an informal request for a portable sign in the downtown while the King Street construction takes place. Mr. Clinckett spoke on the matter of the Site Plan Agreement Obligations and in this regard advised that initial grading had been completed and it was expected that asphalt would be completed within a week. Discussion took place on the request for two lanes to access the rear of the building and Councillor M. Yantzi indicated that while he would support a wider apron access he would not support a driveway wider than that shown on the site plan. Additional discussion followed and Councillor M. Yantzi indicated that he would not support any concessions regarding this property until the site plan issues have been resolved. Also comment was made that the request for a temporary sign would not receive any consideration until all site plan issues have been addressed. On motion by Councillor M. Yantzi - it was resolved: "That with regard to the property known municipally as 323 King Street East, Council refuse the request of John Clinckett, Architect, to revise the site plan attached as Schedule B to the agreement registered as Instrument No. 1230331 by reducing the width of the landscaped strip along the east side lot line from 5.5 metres (18 ft.) to 2.43 metres (8 ft.)." PD 98/62 - 122 KING STREET WEST (THE LYRIC NIGHT CLUB) REQUEST FOR TEMPORARY OCCUPANCY T. DIBATTISTA - CENTRE WARD The Committee was in receipt of Planning and Development Staff Report PD 98/62 dated April 23, 1998. The report deals with a request received for approval of temporary occupancy relative to the property known as 122 King Street West (The Lyric Night Club). It was noted in the report that a zone change application has been received requesting approval of a special regulation in the zoning to locate an amusement arcade on the second floor of the Lyric Night Club. Ms. C. Ladd advised that staff had nothing further to add to the report under consideration other than to point out that the report should be corrected to reflect a maximum of 8 machines rather than 20. Also she submitted a revised recommendation in regard to this matter should the Committee wish to approve the request. Mr. Darryl Moore appeared as a delegation and advised that he had leased 122 King Street 3. PD 98~62 - 122 KING STREET WEST (THE LYRIC NIGHT CLUB) MAY 11, 1998 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 93 - CITY OF KITCHENER - REQUEST FOR TEMPORARY OCCUPANCY - T. DIBATTISTA - CENTRE WARD (CONT'D) West and was in support of the recommendation in the staff report. He did advise that he would accept 8 machines as recommended by staff on the basis that equal treatment was being applied to all parties in this issue. It was Councillor M. Yantzi's view that the request should be deferred until work on Mr. DiBattista's property at 323 King Street East was completed. Mr. Moore expressed the view that issues between his landlord and the City should not affect his business operations. Councillor J. Haalboom commented that she had difficulty with the staff recommendation as a result of concerns she had with the condition of properties in the block in which the Lyric was situated. On motion by Councillor M. Yantzi - it was resolved: "That consideration of Planning and Development Staff Report PD 98/62 (Temporary Occupancy Request for 122 King Street West - The Lyric Night Club) be deferred until all outstanding site plan agreement obligations at 323 King Street East (The Saloon) have been completed." Councillor K. Taylor-Harrison advised that she had an outstanding concern dating back to when Sammy's Social Club had requested approval to locate amusement arcade machines in their facilities. In this regard she advised that she wished to present a motion dealing with the arcade matter. On motion by Councillor K Taylor-Harrison - it was resolved: "That given the increasing number of requests for changes to the regulations pertaining to "Arcades in the Downtown", the Department of Planning and Development be directed to review the regulations for arcades in the downtown on a comprehensive basis, and that consideration be given to include the specific requests for arcades at 122 King Street West known as The Lyric under Zone Change Application 98/4/JG and at 350 King Street West known as Sammy's Social Club under Zone Change Application 97/17/K/JG in this comprehensive review; and further, That staff report back at the June 8, 1998 Planning and Development Committee meeting with options for a comprehensive by-law allowing the Council to choose an option which will then be advertised and proceeded with in preparation to be dealt with at the August 10, 1998 Planning and Development Committee meeting; and further, That the Department of Planning and Development be directed to provide notice to the applicants of the above noted zone change applications." PD 98/67 - 2727 KINGSWAY DRIVE (TRINITY VILLAGE CARE CENTRE) REQUEST FOR EXEMPTION TO THE LENGTH OF EMERGENCY ACCESS LUTHERAN HOMES KITCHENER-WATERLOO - FAIRVIEW WARD The Committee was in receipt of Planning and Development Staff Report PD 98/67 dated May 5, 1998 dealing with a request for exemption to City Policy respecting the length of an emergency access at 2727 Kingsway Drive. It was noted in the report that a large infill development containing 60 townhouse units, 30 apartment units and a large residential care facility is proposed for the lands surrounding the Trinity Village Care Centre on Kingsway Drive. The proposed development requires an emergency access to be developed over City owned lands from Cedarwoods Crescent to the site. However the internal road pattern is such that the furthest point of the development to a public road right-of-way and the emergency access is greater than 150 metres in length. 4. PD 98~67 - 2727 KINGSWAY DRIVE (TRINITY VILLAGE CARE CENTRE) MAY 11, 1998 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 94 - CITY OF KITCHENER - REQUEST FOR EXEMPTION TO THE LENGTH OF EMERGENCY ACCESS - LUTHERAN HOMES KITCHENER-WATERLOO - FAIRVIEW WARD (CONT'D) Ms. C. Ladd advised that staff had nothing further to add to the report under consideration and noted that the request was similar to that recently approved for the Emmanuel Village Site. Mr. Darrin Dinsmore, Green, Scheels & Pidgeon appeared as a delegation on behalf of Trinity Village Care Centre to express support for the recommendation in the Staff Report and answer any questions in regard to the proposal. No other delegations were registered respecting this matter. On motion by Councillor G. Lorentz - it was resolved: "That the request of Lutheran Homes Kitchener-Waterloo respecting Trinity Village Care Centre at 2727 Kingsway Drive, for an exemption from Clause 1.c)iii of Council Policy 1- 652, which requires a maximum length for an internal driveway in multiple residential developments to be 150 metres from a public right-of-way to the furthest point of development be approved." PD 98/71 - ADDENDUM TO PD 98/46 350 WESTMOUNT ROAD WEST - ZONE CHANGE APPLICATION ZC 97/5/W/PB SUNOCO INC. - WEST WARD The Committee was in receipt of Planning and Development Staff Report PD 98/71 dated May 6, 1998. The report points out that on April 27th the Committee deferred consideration of PD 98/46 dealing with Zone Change Application 97/5AN/PB due to concerns related to the potential establishment of a drive-through restaurant and its impact on adjacent residential areas. Report PD 98/71 points out that a comprehensive review of drive-through operations city wide was ongoing and anticipated to be completed in the near future. Accordingly, rather than prohibit a drive through restaurant as suggested by members of the committee at its previous meeting, the applicant has agreed to defer the zone change application until the Department completes its review and Council considers the alternatives to regulate drive-through restaurants throughout the City. No delegations were registered respecting this matter. On motion by Councillor John Smola - it was resolved: "That Zone Change Application 97/5AN/PB (Sunoco Inc. 350 Westmount Road West) be deferred pending a review by City Council of the issues and alternatives for regulating drive-through restaurants city wide." PD 98~52 - WEST SIDE STUDY MUNICIPAL PLAN AMENDMENT - DEFERRAL The Committee was in receipt of Planning and Development Staff Report PD 98/52 dated April 15, 1998 dealing with the West Side Study Municipal Plan Amendment Deferral. Councillor C. Weylie advised that Councillor J. Ziegler has requested that the report be deferred to a future meeting. She also noted that the City had received a letter dated May 11, 1998 from Mr. John Doherty of Gowling, Strathy and Henderson advising that they did not receive notice of consideration of this issue as it relates to their clients George and Anton Milla and Weiland Investments Limited. Mr. B. Stanley commented that he was surprised by the letter from Mr. Doherty. Councillor J. Haalboom questioned if there would be opportunity for consideration of other issues relative to Municipal Plan Amendment Deferral. Mr. B. Stanley advised that the Amendment had originally been deferred at the request of the Region and that it still has to 6. PD 98~52 - WEST SIDE STUDY MUNICIPAL PLAN AMENDMENT - DEFERRAL (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MAY 11, 1998 - 95 - CITY OF KITCHENER come back to the Planning and Economic Development Committee for consideration and that a considerable amount of work was still needed to be done on the matter. Councillor J. Haalboom commented that an Ecological Land Classification System was a tool to assist in analysis of development and referred to refining the types of trees and types of soil. She asked the staff to discuss how this tool might be used with Regional Staff. On motion by Councillor T. Galloway - it was resolved: "That consideration of Planning and Development Staff Report PD 98/52 (West Side Study Municipal Plan Amendment - Deferral) be deferred and referred to the June 8, 1998 Planning and Economic Development Committee meeting." 7. PD 98~30 - ABANDONED GROCERY CARTS The Committee was in receipt of Planning and Development Staff Report PD 98/30 dated February 23, 1998 dealing with the subject of abandoned grocery carts. It was noted in the report that in April 1996 staff had been directed to review the issue of abandoned grocery carts in the community in response to a letter received from Ms. T. Dietrich. The report points out that while the issue was a municipal wide problem, one plaza appears to have the greatest problem based on its proximity to townhouses and multiple unit apartment buildings. Mr. J. Witmer advised that staff had nothing further to add to the report other than to point out that the owners of the supermarket recognized the problem and were co-operating to recover their grocery carts in the shortest possible time frame. Councillor J. Haalboom requested that staff take note of page 3 of the letter from Ms. Dietrich referring to garbage on the street. On motion by Councillor G. Lorentz - it was resolved: "That the City of Kitchener continue to encourage retail operations using grocery carts to monitor and retrieve grocery carts in a timely and organized manner throughout the community." 8. PD 98~63 - ANNUAL REVIEW OF RESIDENTIAL VACANCY RATE STATISTICS The Committee was in receipt of Planning and Development Staff Report PD 98/63 dated March 25, 1998. The report deals with an Annual Review of Residential Vacancy Rate Statistics in the City of Kitchener. Mr. R. Mattice provided the Committee with a brief overhead presentation highlighting aspects of the report and noted that page 11 of the report contained an excellent summary. Councillor M. Yantzi expressed a concern regarding rent controls and Mr. R. Mattice explained the effect of the latest changes to rent controls and commented that with healthy vacancy rates increases in rents should be minimal. Councillor T. Galloway questioned how the City incorporates the information contained in the report into its planning process. Mr. B. Stanley advised that the information assists in terms of requests for condominium conversion approvals. Mr. R. Mattice advised that staff receive requests for this report on a weekly basis from many users. Further he noted that report serves other business purposes including the provision of financial justification for private projects to proceed. As well he noted that the data obtained from CMHC was analyzed in more depth for the City of Kitchener than what was provided by CMHC for the Region as a whole. 8. PD 98~63 - ANNUAL REVIEW OF RESIDENTIAL VACANCY RATE STATISTICS (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MAY 11, 1998 - 96 - CITY OF KITCHENER On motion by Councillor K. Taylor-Harrison - it was resolved: "That Council accept Planning and Development Staff Report PD 98/63 (Annual Review of Residential Vacancy Rate Statistics in the City of Kitchener) for information and direct staff to make the document available to C.M.H.C., the Ministry of Municipal Affairs and Housing and those persons requesting information about the local housing market." 9. PD 98/51 - DEMOGRAPHICS JUSTIFICATION REPORT The Committee at its January 26th meeting considered Staff Report PD 98/3, a Demographic Trends Report and at that time raised questions regarding the amount of time spent in producing the report and the future objectives and time required to produce the economic and social profiles for the City. The purpose of Staff Report PD 98/51 firstly, clarifies how demographic and social economic trends information is used internally by the City and externally and secondly, provides a perspective on the objectives time and resources associated with compiling, analyzing and publishing economic and social indicators. Ms. S. Frenette advised that PD 98/51 addresses the concern expressed at the January meeting. She noted that staff were trying to consolidate all information and provide detailed information in order to respond to inquiries from various areas such as marketing consultants and realtors, etc. Further she stated that staff took the report to various outside agencies to determine their reaction and all are favourable to the activity that is currently in place. In response to Councillor J. Haalboom she noted that information could be developed on a neighbourhood basis that assists in community development. Councillor T. Galloway questioned what information would be obtained from the economic and social profiles and Ms. Frenette advised that the information would detail what jobs were being developed, income levels, housing requirements, household size, etc. Councillor Galloway advised that he was opposed to the second part of the staff recommendation on a basis of concern that social economic information by income in respect to neighbourhoods would be taken by the news media as a focus point of the report and subject to misuse in that regard. On motion by Councillor M. Yantzi - it was resolved: "That Council accept Planning and Development Staff Report PD98/51 (Demographics Justification Report) for information; and further, That Council instruct staff to continue to monitor and prepare for information reports on social and economic trends in the City at the City and neighbourhood levels using census data including 1996 census data as they are released and other sources of information that are available." 10. PD 98/68 - 108 QUEEN STREET NORTH (SONNECK HOUSE) - ADDITION TO ADAPTIVE RE-USE TARGETED SITE LIST The Committee was in receipt of Planning and Development Staff Report PD 98/68 dated May 1, 1998. The report deals with the addition of 108 Queen Street North to the City's list of Targeted Adaptive Re-use Sites. Mr. T. McCabe advised that the recommendation originated from the Adaptive Re-use Committee meeting of April 23rd. Councillor J. Haalboom questioned how Council could re-visit some of the sites outside of the Downtown so that they could qualify for some form of incentive for adaptive re-use. Mr. T. McCabe advised that inclusion within a Community Improvement Plan was the criteria for 10. PD 98/68 - 108 QUEEN STREET NORTH (SONNECK HOUSE) - ADDITION TO ADAPTIVE RE-USE TARGETED SITE LIST (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MAY 11, 1998 - 97 - CITY OF KITCHENER qualification and that any other incentive would have to be by a grant. Councillor T. Galloway questioned if the City could make it known that Council was willing to consider a grant in respect to this property and questioned if staff could report on how Council could facilitate some improvements to properties outside of the Community Improvement Plan. Mr. T. McCabe suggested expansion of the Community Improvement Plan boundary. Mr. B. Stanley commented that staff have been investigating the issue of a Heritage Trust Fund that might serve as a vehicle to bring about improvements. On motion by Councillor G. Lorentz - it was resolved: "That Sonneck House, 108 Queen Street North, be added to the City's list of targeted adaptive re-use sites." 11. ADJOURNMENT On motion, the meeting adjourned at 5:05 p.m. L.W. Neil, AMCT Assistant City Clerk