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HomeMy WebLinkAboutPlng & Econ Dev - 1998-04-27P E D\1998 -04-27 APRIL 27, 1998 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 4:21 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, B. Vrbanovic, T. Galloway, J. Haalboom and John Smola. Officials present: Ms. C. Ladd, L. MacDonald, L. Pasternak, J. Jantzi and Messrs. J. Gazzola, B. Stanley, L. Masseo, R. Mattice, P. Wetherup, D. Mansell, D. Snow, J. Witmer, R. Morgan and L.W. Neil. 1. DELEGATION - JOHN WHITNEY - PRESENTATION OF 1998 MARKET REPORT Mr. John Whitney of Whitney and Company appeared as a delegation to present his firm's 1998 Market Report, copies of which he left for members of City Council. The report references the four cities of Canada's Technology Triangle and provides: a market overview and assessments of the land market, the industrial market, the office market, design/build opportunities, the investment market, the retail market and the multi-residential market. Mr. Whitney advised that the report is prepared each January to assist investors by providing hard information and also assists the Economic Development Division and the City's Building Division in their activities. A Power Point presentation was then made for the benefit of the Committee covering the sections within the 1998 Market Report. Mr. Whitney made the following comments: The land market had an excellent year and the long term position of Kitchener was seen as very good. Land sales were reflective of the fact that certain areas have distinct Iocational advantages. The industrial market was experiencing increased demand and pricing with a very Iow vacancy rate of approximately 2%. The office market was subject to competition between the downtown and suburban markets, with the suburban markets being somewhat more healthy in terms of lower vacancy rates. On the subject of office vacancy rates, he explained the reasons for the differing percentages between the figures developed by the City and those of his company and compared the statistics for the four cities in the CTT. The investment market is very healthy with funds readily available but the market was affected by the lack of available land for development. The retail market has become much healthier with projects coming on stream that were previously shelved during the recession as reflected in the further development of regional sized malls, power centres and retail corridors. The multi-residential market is now seen as very strong with vacancies falling to below 2%. Councillor B. Vrbanovic questioned what Mr. Whitney thought the City should do to tap into the suburban technology market. Mr. Whitney noted that Kitchener's suburban office market totalled 250,000 square feet while the City of Waterloo's totals 750,000 square feet and pointed out that some years ago the City of Kitchener was seen as anti-suburban office market. He commented that the suburban office market was expected to continue to grow and suggested that work should be done now to accommodate this future growth. In this regard suggested that processes could be streamlined to facilitate business development. In response to Councillor T. Galloway regarding locations within the suburban office market, Mr. Whitney pointed out that success was dependent on being within a short range of multi-lane highways that also had support services nearby. Councillor J. Haalboom referred to the remarks made by Mr. Whitney in which he had stated that retail corridors were expected to experience significant development and in this regard expressed concerns regarding the physical appearance of strip malls that were developed in prior years. Mr. Whitney noted it was his view that customers were more demanding and that the projects that would come on stream in future years would have better design than in the past. Also in response to a question of Councillor J. Haalboom with respect to infrastructure, DELEGATION - JOHN WHITNEY - PRESENTATION OF 1998 MARKET REPORT (CONT'D) APRIL 27, 1998 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 78 - CITY OF KITCHENER = = = Mr. Whitney indicated that technology companies who are considering locating in the area are concerned that City does not have the right mix of dwelling accommodation and shopping facilities as well as the appropriate business infrastructure pertaining to hotel and restaurant services. Mayor C. Zehr thanked Mr. Whitney for his presentation this date. REPORT - HURON BUSINESS PARK (various sites) - LICENCE AGREEMENT WITH MARK HOFFMAN - FAIRVIEW WARD AND SOUTH WARD The Committee was in receipt of a report dated April 22, 1998 from Ms. V. Gibaut dealing with a licensing agreement with Mark Hoffman who has requested the opportunity to use grass and leaves on vacant industrial properties for farm use. Ms. J. Jantzi briefly explained the purposes of the request and noted that Mr. Hoffman's proposal would save the City money. On motion by Councillor J. Ziegler - it was resolved: "That the Mayor and Clerk be authorized to sign a licence agreement with Mark Hoffman, provided that such agreement is satisfactory to the City Solicitor, permitting Mark Hoffman access to certain vacant sites in the Huron Business Park for the purpose of cutting, removing and baling the grass and weeds, for a period of May 1, to October 31, 1998." REPORT - BUSINESS PARK EXTENSIONS The Committee was in receipt of a report dated April 21, 1998 from the Economic Development Division regarding the subject of Business Park Extensions. The report addresses issues that have arisen respecting extensions within City Business Parks and breaks down the issues into three separate categories within the report along with accompanying recommendations. Ms. J. Jantzi provided a brief explanation of each of the categories within the report and the reason for the recommendation that has been made. The recommendations in the report were dealt with separately. Recommendations 1 and 3 were agreed to. Recommendation 2 was the subject of some discussion as to its deterrent effect and eventual benefit. A motion by Councillor J. Ziegler that the City continue with its existing policy in respect to part 2 of the report, was voted on and lost. On motion by Councillor John Smola, recommendation number 2 was accepted. Mr. J. Shivas advised that the list of Huron Business Park property owners requiring extensions that was attached to the report should be amended to exclude the site known as the Pork Chop property of the Berkshire Building Corporation. He explained that a number of matters that were totally beyond the control of the developer justify the exclusion as well as the fact that it was more of a commercial type property than an industrial one. On motion by Councillor John Smola - it was resolved: "That we approve the following "Extension Policies" within City Business Parks: 1) Repurchase land at fixed percentage of purchase price: That the City continue with an option to repurchase land at a percentage of the original price as set out and fixed in the restrictive covenants attached to REPORT - BUSINESS PARK EXTENSIONS (CONT'D) agreements of purchase and sale and transfers of land. APRIL 27, 1998 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 79 - CITY OF KITCHENER 2) Extension Policy for new transactions in City Business Parks: That the City adopt an extension policy applicable to all future sales of land within City Business Parks to run with the land as a restrictive covenant. The policy is as follows: In the event that construction has not commenced within the time starting from the date of closing of a transaction, as prescribed in the restrictive covenant respecting title control, the date for commencement of construction may be extended at the discretion of the City, subject to the condition that the Purchaser post with the City a performance deposit equal to ten percent of the purchase price in the form of cash or certified cheque, which will be refunded without interest, if the building is completed and occupied within the time prescribed from the date of closing of the transaction. If the date for completion as prescribed in the restrictive covenant is not met, the City shall be entitled to a reconveyance of the property without paying compensation for any partial construction thereon, by refunding 90 percent of the purchase price and NOT refunding the performance deposit. 3) Extension Policy for existing transactions in the Huron Business Park where purchasers have received extensions and have not built: That the City adopt an extension policy applicable to all purchasers of land within the Huron Business Park who have received extensions to build and have not built. The policy is as follows: In the event that purchasers have failed to commence and complete construction by July 1, 1998 being the time prescribed by the latest extension granted by Council, staff will notify them, in writing, that as of July 1, 1998 they have, at no cost, one final 12 month extension to commence and complete their buildings. After July 1, 1999, if they have still failed to do so, the City will repurchase the lands at 80% of the purchase price as prescribed in the original agreement of purchase and sale." PD 98~36 - 675 WESTMOUNT ROAD EAST - CONDOMINIUM CONVERSION APPLICATION CD/97/001 - 364544 ONTARIO LTD. - SOUTH WARD The Committee was in receipt of Planning and Development Staff Report PD 98/36 dated February 10, 1998. The report deals with a Condominium Conversion Application submitted by 364544 Ontario Ltd. for processing under section 4 (1) of the Rental Housing Protection Act, 1989. The applicant has requested approval under the RHPA as a pre-condition for the conversion of the property to condominium tenure. The subject property is a rental townhouse complex built in 1977 consisting of 33 units, all of which are three bedroom units. The report lists the criteria that must be satisfied under that Act in order for Council to give its approval and a determination is advanced in the report in this regard. 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. B. Stanley briefly summarized the purpose of the application. No delegations were registered respecting this matter. PD 98~36 - 675 WESTMOUNT ROAD EAST - CONDOMINIUM CONVERSION APPLICATION CD/97/001 - 364544 ONTARIO LTD. - SOUTH WARD (CONT'D) On motion by Councillor K. Taylor-Harrison - it was resolved: APRIL 27, 1998 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 80 - CITY OF KITCHENER "That Council approve Condominium Conversion Application CD/97/001 (364544 Ontario Limited) subject to the Owners entering into an Agreement under Section 12(1) of the Rental Housing Protection Act, which shall be executed and registered against the title to the lands at 675 Westmount Road as part of any subsequent condominium agreement. The Agreement shall contain the following conditions: a) The Owner agrees to supply the City's Policy, Research and Housing Division with a list of the names and addresses of all the tenants who occupy the residential units which now exist upon the subject lands, hereinafter called the "Existing Units", as of the date Council's approval of this Agreement under the Rental Housing Protection Act. Further, the Owner shall supply the City's Policy, Research and Housing Division with the names and addresses of any new tenant who commences to occupy an Existing Unit between the date of Council's approval of the Agreement and the date of registration of the final plan of condominium. All tenants referred to above are hereinafter called "the Tenants". b) The Owner agrees to give notice to the Tenants of their rights under the terms of the Agreement, within 30 days following the date of registration of the final plan of condominium, by providing them with a copy of this agreement and by filing proof of notification with the City's Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by the Tenant as acknowledgement of receipt. c) This Agreement shall confer no rights whatsoever upon any new tenant who enters into a lease agreement with the Owner and occupies an Existing Unit after the date of registration of the final plan of condominium (hereinafter called a "Post-Registration Tenant"). The Owner shall give notice of this agreement to all Post-Registration Tenants, at the time they enter into their leases, and provide proof of notification to the Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by such tenants as acknowledgement of receipt, following which such tenants shall be deemed to have notice that they do not have any rights under this agreement. d) The Parties agree that if a Tenant wishes to continue to rent and occupy his or her Existing Unit, or to rent it until such time as he or she might exercise his or her right to purchase, the following conditions apply: The Tenant shall be entitled to continue to rent the unit which he or she is currently renting and occupying for a period of up to five years following the date of registration of the final plan of condominium (herein after called the "Five Year Rental Period"). Throughout the Five Year Rental Period, the applicable rent for a given unit shall not exceed the lawful maximum rent which could be charged for that rental unit under the Rent Control Act, R.S.O 1992, c. R.23.1 (hereinafter called the "RC Act") and any increases to that rent throughout the Five Year Rental Period shall be subject to the RC Act. At the Tenant's discretion, the Owner and Tenant shall enter into a lease, leases, renewal or renewals for all or part of the Five Year Rental Period for such term or terms as is agreed to from time to time by the Tenant and the Owners, provided that the total term thereof does not exceed the Five Year Rental Period. · The Owner shall supply the City's Policy, Research and Housing Division with a copy of every lease or renewal of lease executed by a Tenant during the Five PD 98~36 - 675 WESTMOUNT ROAD EAST - CONDOMINIUM CONVERSION APPLICATION CD/97/001 - 364544 ONTARIO LTD. - SOUTH WARD (CONT'D) Year Rental Period. e) The Owner shall provide the Tenant or Tenants occupying an Existing Unit with the APRIL 27, 1998 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 81 - CITY OF KITCHENER right of first refusal to purchase it during the Five Year Rental Period. To establish that a Tenant has foregone or waived his or her right of first refusal to purchase, the Owners shall provide the Policy, Research and Housing Division with a written waiver of such right executed by the Tenant, witnessed and dated subsequent to the date of registration of the final plan of condominium. If, at any time during the Five Year Rental Period, the Owner receives a bona fide, arms length offer to purchase an Existing Unit which the Owner is willing to accept and if the Tenant or Tenants of such unit have not waived their rights of first refusal to purchase, the Owners shall notify the Tenant or Tenants of such unit by providing them with a true copy of the offer to purchase and the Tenant or Tenants shall have the right, during the ten days immediately following the receipt thereof, to purchase the unit by delivering to the Owner a signed offer to purchase for the price and upon the terms and conditions contained in the original offer, which the Owner shall accept immediately. The Owner shall provide proof of notification to the City's Policy, Research and Housing Division, either by a sworn affidavit or service or by a copy of the original offer to purchase signed by the Tenant as acknowledgement of receipt. If the Tenant or Tenants do not deliver an offer to purchase to the Owner within ten days, the Tenant or Tenants shall be deemed not to have exercised the right of first refusal and the Owner may accept the original offer to purchase. If for any reason the Tenant or Tenants do not exercise the right of first refusal and the Owner does not complete the offer to purchase which had been received, the right of first refusal of the Tenant or Tenants shall continue in effect. f) It is hereby agreed that the Tenant shall lose his or her rights under this Agreement if: the Tenant vacates the Existing Unit with or without due notice to the Owner; the Tenant sublets the Existing Unit, or the Owner obtains a writ of possession to the Existing Unit, all rights of appeal in respect thereof have expired and the Owner files a copy thereof with the Policy, Research and Housing Division. g) The Tenants shall not transfer or assign their rights under this Agreement. h) The Owner agrees to engage the services of a consultant with qualifications acceptable to the City's Chief Building Official, to conduct an audit of the condition of the Premises, prior to draft approval of any plan of condominium on the lands, and to file the results of the audit with the City of Kitchener Policy, Research and Housing Division. The Owner shall correct, to the satisfaction of the Chief Building Official, deficiencies identified in the audit which relate to the building Code, Building By-law, Fire Code, or Property Standards By-law. Upon correction, the City's Chief Building Official will notify the Owner in writing that the deficiencies have been corrected to his satisfaction. i) Prior to the sale of any of the Existing Units, the Owner shall notify potential purchasers that the results of the audit are available for their consideration. It is the opinion of this Committee that approval of this application is proper planning for the City." PD 98/46 - 350 WESTMOUNT ROAD WEST - ZONE CHANGE APPLICATION ZC 97/5/W/PB - SUNOCO INC. - WEST WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from Sunoco Inc. to change the zoning of lands known municipally as 350 Westmount Road at the intersection of Victoria Street South. The proposed re-zoning is from Service Station (C-7) with special regulation provision to Convenience Commercial Zone (C-1) PD 98/46 - 350 WESTMOUNT ROAD WEST - ZONE CHANGE APPLICATION ZC 97/5/W/PB - SUNOCO INC. - WEST WARD (CONT'D) with special use provision. The proposed re-zoning will permit a variety of commercial uses intended to implement the Secondary Nodal Policies in the Municipal Plan. In this regard the Committee considered Planning and Development Staff Report PD 98/46 dated March 25, 1998 and a proposed By-law dated March 24, 1998 attached to the report. APRIL 27, 1998 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 82 - CITY OF KITCHENER It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Ms. C. Ladd briefly explained the purpose of the report and advised that staff had nothing further to add. Councillor T. Galloway questioned if the proposed zoning will allow for a fast food operation containing a drive-through capability. Ms. C. Ladd advised that any zone that permits a restaurant could potentially have a drive-through and noted that staff were currently looking at regulations with regard to drive-through business operations. Councillor J. Ziegler questioned if a condition could be imposed prohibiting a drive-through capability and Ms. Ladd advised that Council could take that position. Councillor J. Ziegler indicated that he was prepared to make a motion to amend the proposed By-law so as to prohibit a drive-through restaurant operation. Mr. Steve McQuarry appeared as a delegation acting for Sunoco Inc. and advised the Committee that there was a good chance that the site would be totally redeveloped. He commented that prohibiting a restaurant drive-through would restrict the number of possibilities as to how the site might be developed in the future. Ms. C. Ladd advised that there were other options that could be explored in regard to the issues pertaining to siting of drive-through operations. Councillor J. Ziegler questioned if approval of this zone change could be tied to the City's future policy regarding restaurant drive-through operations. Ms. C. Ladd recommended the Committee defer this matter to its next meeting so that the issue could be further explored and noted that in regard to this particular site there were elevation distances that might be a consideration as a separating factor from the adjacent residential uses. On motion by Councillor J. Ziegler - it was resolved: "That consideration of Planning and Development Staff Report PD 98/46 - Zone Change Application ZC 97/5/VV/PB (Sunoco Inc), 350 Westmount Road West be deferred and referred to the May 11, 1998 Planning and Economic Development Committee meeting; and further, That staff be directed to prepare a report after investigating options with respect to concerns expressed regarding a potential drive-in restaurant." PD 98/58 - 3310 KING STREET EAST - REQUEST FOR TEMPORARY OCCUPANCY - B & R TACKLE SHOP - CHICOPEE WARD The Committee was in receipt of Planning and Development Staff Report PD 98/58 dated April 21, 1998 dealing with a request submitted for approval of temporary occupancy of the property known municipally as 3310 King Street East. Ms. C. Ladd explained the nature of the request which is for a business involving the sale of sporting goods to temporarily occupy the subject premises pending an amendment to Zoning By- law 85-1. PD 98~58 - 3310 KING STREET EAST - REQUEST FOR TEMPORARY OCCUPANCY - B & R TACKLE SHOP - CHICOPEE WARD (CONT'D) Councillor J. Haalboom expressed a concern regarding the signage that would go on the building and questioned how the city might encourage good signage in a temporary occupancy situation. She pointed out that her experience was that temporary signage utilized in such situations did not present a good image. Mr. R. Morgan advised that the City did not issue sign permits to cover temporary occupancy APRIL 27, 1998 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 83 - CITY OF KITCHENER status and Ms. C. Ladd advised that whenever approvals were granted the sign issue would be addressed. On motion by Councillor B. Vrbanovic - it was resolved: "That if City Council supports the request for temporary occupancy for 3310 King Street East, their approval be conditional upon the following: That enforcement of the City's Zoning By-law be waived with respect to the sale of sporting goods at 3310 King Street East and temporary occupancy be approved subject to the use vacating the location in the event the City initiated zone change adding the sale of sporting goods in the Service Commercial (C-6) zone is not approved; 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 losses are incurred as a result of final disposition of this application." PD 98~38 - ADDENDUM TO PD 97~80 PD 97~80 - REVISIONS TO HIDDEN VALLEY RESIDENTIAL COMMUNITY PLAN - PROPOSED SECOND MEANS OF ACCESS TO HIDDEN VALLEY - PROPOSEDWABANAKI DRIVE EXTENSION - VACE INVESTMENTS INC. - FAIRVIEW WARD The Committee was in receipt of Planning and Development Staff Report PD 98/38 dated March 25, 1998 prepared as an Addendum to PD 97/80. Attached to PD 98/38 was the Wabanaki Drive Extension-Truck Traffic Impact Review prepared for Vace Investments Inc. dated January 1998. The Committee was also in receipt of Staff Report PD 97/80 dated August 12, 1997. It was noted that on September 15, 1997 City Council resolved to take no action at that time on the recommendations contained in PD 97/80 until the revised Traffic Impact Study was submitted by the proponent addressing the impact on the operations of Fairway Road resulting from both automobile and heavy truck traffic utilizing a new road and Hidden Valley Road. Further Council requested that the revised Traffic Impact Study also address the needs of the broader community who use Fairway Road. It was noted in Staff Report PD 98/38 that in August 1996 Vace Investments Inc. submitted a request to modify the Hidden Valley Residential Community Plan to permit a relocation of the proposed second means of access to the Hidden Valley area. The Hidden Valley Residential Community Plan presently requires the construction of the proposed Wabanaki Drive Extension between Wilson Avenue and Goodrich Drive prior to further residential development on the Vace lands. This requirement is reflected as a condition in Vace's Subdivision Agreement with the City whereby Vace is required to construct the Wabanaki Drive Extension between Wilson Avenue and Goodrich Drive as a two lane, binder asphalt road on a four lane base in order to develop beyond fifteen dwelling units. Vace now proposes that the requirement for a second means of access be revised to permit the construction of a road connection between Fairway Road and Hidden Valley Road as a replacement for the existing road requirement. PD 98~38 - ADDENDUM TO PD 97~80 PD 97~80 - REVISIONS TO HIDDEN VALLEY RESIDENTIAL COMMUNITY PLAN - PROPOSED SECOND MEANS OF ACCESS TO HIDDEN VALLEY - PROPOSEDWABANAKI DRIVE EXTENSION - VACE INVESTMENTS INC. - FAIRVIEW WARD (CONT'D) It was pointed out in the report that because the land for the final Wabanaki Drive alignment is not presently owned by either Vace or the City and due to the cost of upgrading the existing Hidden Valley Road to accommodate heavy truck traffic, the Vace proposal would implement the second means of access in two phases. The first phase would see the construction of a new road linking Hidden Valley Road with Fairway Road complete with automated rail crossing protection system APRIL 27, 1998 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 84 - CITY OF KITCHENER and the existing Hidden Valley Road would basically remain in its present alignment and surface condition, with the exception of minor intersection improvements at Goodrich Drive/Hidden Valley Road. Heavy truck traffic would be prohibited from utilizing the Fairway Road connection. The second phase of the Vace proposal would see the reconstruction and upgrading of Hidden Valley Road with the introduction of heavy truck traffic. Further the second phase of the Vace proposal would be implemented by the City at a later date when development charge and/or capital funds may be budgeted. Mr. L. Masseo briefly reviewed the history of the development proposed by Vace Investments with approval in 1989. At that time the development was permitted to proceed with a maximum of 15 building permits following which a second means of access to the area would have to be developed. He advised that Vace was now asking for consideration of an alternate access adjacent to Fairway Road. Mr. Masseo referred to the Committee consideration of the request in 1997 and its deferral pending submission of a Truck Traffic Impact Review. He noted staff support the Vace proposal with the exception of the phased introduction of heavy trucks. Staff believe the Wabanaki Drive Extension with its ability to accommodate heavy truck traffic is a necessary component of the overall transportation network in the area. Accordingly, staff are of the opinion that truck traffic should be part of the proposed route except in peak periods. Councillor J. Ziegler questioned how a peak period prohibition of trucks could be enforced and Mr. D. Snow advised that local industry was willing to enforce it and acknowledged that there was concern with the necessity to merge in a short distance on Fairway Road. It was his view that industry would choose an alternative route to Fairway Road at peak volume times. In response to Councillor T. Galloway, Mr. Masseo indicated that a connection to Fairway Road was in the Municipal Plan with an environmental study being required and that the proposal by Vace would implement a portion of the future alignment of the connector. Mr. D. Mansell commented on the Environmental Assessment process required and the difficulty of finalizing an alignment in the absence of information respecting River Road and its future interchange and extension into Hidden Valley. He indicated that if a connection was made with Hidden Valley now the City would be responsible for the cost of any minor roadway re-alignments when all plans were in place. Mr. Richard Payette appeared as a delegation and advised that he was representing residents of the Hidden Valley area, namely; the Sachs, the Danilyks, the Dowsetts, the Klassens, and the Rands. He read the comments of a submission dated April 27, 1998 which was left with the Committee Secretary following his presentation. In his presentation Mr. Payette indicated opposition to the current request of Vace Investments and requested that Council's previous resolution of this planning matter be upheld. Detailed remarks were then made on various issues that have taken place with regard to planning activity and potential impact on the Hidden Valley area. Mr. Payette then read a letter prepared by Lynne Dowsett which supports her opposition to the second access to Hidden Valley proposed by Vace Investments. Mr. R. Payette then read comments from Lydia Rand and Karl Klassen responding to issues raised in a letter from Aaron Klassen that was circulated to residents of Hidden Valley. Ms. Rand and Mr. Klassen in their comments express a desire for the area not to change but indicated that if a second access was to be built their preference was Wabanaki Drive behind the Goodrich Plant. = PD 98~38 - ADDENDUM TO PD 97~80 PD 97~80 - REVISIONS TO HIDDEN VALLEY RESIDENTIAL COMMUNITY PLAN - PROPOSED SECOND MEANS OF ACCESS TO HIDDEN VALLEY - PROPOSEDWABANAKI DRIVE EXTENSION - VACE INVESTMENTS INC. - FAIRVIEW WARD (CONT'D) Mr. Syd Townsend appeared as a delegation to summarize the contents of his letter dated April 27, 1998 distributed to the Committee. In the submission he was surprised that the Department of Planning and Development agrees with and supports the Vace proposal with the exception of the phased introduction of heavy trucks. He suggested that the Truck Traffic Impact Review illustrates that traffic would be significantly affected on Fairway Road and suggested that the 10 hour study period was insufficient. Further comments related to the scheme being detrimental to all residents of Kitchener, the ultimate expense of the undertaking and the possibility that traffic would cut APRIL 27, 1998 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 85 - CITY OF KITCHENER = through the area as shorter access to Fairway Road. Mr. Norm Frohlich appeared as a delegation and advised that he operates a business at 190 Goodrich Drive. He stated that if the proposed second access was constructed he would want the ability for his trucks to utilize it and noted that his firm has 110 trucks plus outside carriers accessing his facility. Mr. Paul Dietrich appeared as a delegation on behalf of Vace Investments as their consultant and advised that his clients support the staff recommendation noting that it was a necessity to proceed with the Environmental Assessment. He advised that Mr. Phil Grubb a professional engineer who completed the Truck Traffic Impact Study was in attendance and could speak on the results of the study. Mr. Phil Grubb advised that he was retained to prepare the Truck Traffic Impact Review. He noted that the study indicates that truck traffic utilizing the Hidden Valley Area could be split as follows: Al's Cartage 50%, Uniroyal 30% and National Grocers 18%. Further he stated that over 70% of the trucks were large tractor trailer type trucks. He then went through analysis of the total number of trucks utilizing the area and percentages and numbers that would make use of the second access. He noted that they did not expect a major impact on Fairway Road traffic flow as a result of the creation of the access. He suggested that the Vace proposal was a reasonable interim access and that ultimately the Wabanaki connection should be completed. He also pointed out that the Environmental Assessment for future road alignment should be done so that any work constructed would be on the final Wabanaki alignment. Mr. Grubb advised that he had met with officials from the Region of Waterloo and they have indicated no concern with the right-in right-out access. Mr. Paul Dietrich continued his presentation and pointed out that Vace Investments is required to build a second means of access to fulfil a condition of the subdivision agreement made some years ago when the only available route option was the Wabanaki extension. He suggested that if the subdivision was being considered today, Fairway Road would be the route of choice. He commented that development of the residential component of Hidden Valley has been struggling because the area does not have a second access and he suggested that the delegations would like to see no solution to the matter so as to restrict development. Mr. Dietrich stated that he believed the proposal was an opportunity to separate residential and industrial traffic and that a simple Environmental Assessment could be done on the appropriate section and that a greater Environmental Assessment could be on a cost shared basis. Discussion took place regarding the Environmental Assessment limit, costs and who was responsible. Mr. Aaron Klassen appeared as a delegation as both a resident and on-site manager of Bridal Path Estates in Hidden Valley and advised that his purpose was to provide comments from a homeowners point of view on the access issue. He also read the contents of a letter from Doug Brubacher who prefers the Fairway Road access and allowing truck traffic for reasons outlined in the letter. No other delegations were registered regarding this matter. Councillor J. Ziegler suggested that the Environmental Assessment for the entire road alignment from Wilson Avenue to Fairway Road be obtained and that the final Wabanaki Drive Extension PD 98~38 - ADDENDUM TO PD 97~80 PD 97~80 - REVISIONS TO HIDDEN VALLEY RESIDENTIAL COMMUNITY PLAN - PROPOSED SECOND MEANS OF ACCESS TO HIDDEN VALLEY - PROPOSEDWABANAKI DRIVE EXTENSION - VACE INVESTMENTS INC. - FAIRVIEW WARD (CONT'D) be determined through the environmental assessment process from Wilson Avenue to Fairway Road at City cost. In response to Councillor T. Galloway, Mr. L. Masseo advised that the Wabanaki Extension was still a key factor in the overall future road network and that once Wabanaki Extension was in place it would provide off-loading capability. Comments were made with regard to the future River Road/Highway # 8 interchange and the implications and effects for Hidden Valley and Fairway Road. Further discussion and comments were made regarding the need and justification for Wabanaki Drive, the Environmental Assessment and 5 year review and Capital Funding. APRIL 27, 1998 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 86 - CITY OF KITCHENER Councillor John Smola requested that when the Committee considers this matter in future, it be informed of what was planned for Highway 8 and Fairway Road, Highway 8 and River Road and that a full diagram be prepared illustrating how area road proposals would affect Fairway Road. On motion by Councillor J. Ziegler - it was resolved: "That consideration of Planning and Development Staff Reports PD 98/38 and PD 97/80 (Revisions to Hidden Valley Residential Community Plan, Second Means of Access, Wabanaki Drive Extension) be deferred; and further, That the appropriate Environmental Assessment be completed at City cost by the Public Works Department to determine the final preferred alignment of the full Wabanaki Drive extension from Wilson Avenue to Fairway Road; and further, That this Environmental Assessment Report be brought to the Planning and Economic Development Committee for its consideration prior to the Committee making a decision on the recommendations in Staff Reports PD 98/38 and PD 97/80." PD 98~55 - 831 FREDERICK STREET - REQUEST FOR TEMPORARY OCCUPANCY - 116543 ONTARIO LTD. - CENTRE WARD The Committee was in receipt of Planning and Development Staff Report PD 98/55 dated April 22, 1998 dealing with a request that was received to allow temporary occupancy at 831 Frederick Street in order that the building be used as a Social Service establishment. Ms. C. Ladd provided a brief explanation of the request and noted that a Zone Change Application has been initiated in this regard. Mr. Frank Hermanns, 411 Richmond Street East, Suite 302, Toronto appeared as a delegation on behalf of 116543 Ontario Limited in support of the Staff Recommendation. On motion by Councillor G. Lorentz - it was resolved: "That if City Council supports the request for temporary occupancy for 831 Frederick Street, their approval be conditional upon the following: That enforcement of the City's Zoning By-law be waived with respect to the use of 831 Frederick Street as a social service establishment and temporary occupancy be approved subject to the use vacating the location in the event that Zone Change Application ZC98/11FIRM adding a social service established to the Residential 8 Zone (R-8) to the subject property is not approved; and further, PD 98~55 - 831 FREDERICK STREET - REQUEST FOR TEMPORARY OCCUPANCY - 116543 ONTARIO LTD. - CENTRE WARD (CONT'D) 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 losses are incurred as a result of final disposition of this application." PD 98/61 - ADDENDUM TO PD 98/49 PD 98/49 - ADDENDUM TO PD 98~24 PD 98/24 - 49 DOON VALLEY DRIVE - ZONE CHANGE APPLICATION ZC 971161DIZJ - 1090596 ONTARIO INC. - DOON PIONEER WARD APRIL 27, 1998 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 87 - CITY OF KITCHENER = The Committee previously considered Zone Change Application ZC 97/16/D/ZJ at its meeting held March 23, 1998 and deferred the matter to its April 6th meeting wherein it deferred the matter to the April 27th meeting. At this time Staff Reports PD 98/24 and PD 98/49 were re-circulated along with PD 98/61 dated April 23, 1998 prepared as a further addendum report. It was stated in the report that the previous deferrals allowed staff an opportunity to investigate the possibility of providing a shared access between 49 Doon Valley Drive and the abutting Vos property. It was noted that a 9.0 metre right of way is adequate for a private road to facilitate development of both parcels of land and in this regard 4.5 metres would be required from each property owner to accommodate such right-of-way. It was further noted in the report that the department is recommending their original recommendation contained in PD 98/24 be revised to include the conditions contained in PD 98/61 in order to satisfy the concerns of Heritage Kitchener relative to the location of a future access in relation to the designated structure at 39 Doon Valley Drive. Further, the proposed condition ensures the protection of the heritage structure while facilitating access to the remaining lands and protecting the ultimate development rights of both the parcels of land. Ms. C. Ladd distributed the reports being considered this date and noted that staff had not received a response from Mr. Ferraz regarding the matter. Accordingly staff had chosen to revise the original recommendation by seeking a right-of-way over 4.5 metres of the lands which are the subject of the zone change request. Mr. M. Ferraz appeared as a delegation and requested approval without conditions as originally recommended by staff given that no objections were received from any party at that time. Further he stated that imposition of the right-of-way access was not appropriate since he had not had opportunity to address site plan issues respecting future development of his property. In response to Councillor T. Galloway Mr. Ferraz indicated that he had several possible proposals that warrant consideration to develop his property. Mayor C. Zehr supported approving the Zone Change with the conditions being recommended on the basis that such action would move the development process forward and at the same time allow Mr. Ferraz sufficient opportunity to consider development options for his lands. In response to Councillor T. Galloway, Ms. C. Ladd pointed out that the severance application for the Vos property has been approved by the Committee of Adjustment with conditions which she outlined. She noted that the proposal before the Committee this date allows for the access to both parcels of land to be shifted further from the Heritage Dwelling. No other delegations were registered with respecting this matter. On motion by Mayor C. Zehr - it was resolved: "That Zone Change Application ZC 97/16/D/ZJ (1090596 Ontario Inc.) requesting a change in zoning from Residential Three Zone (R-3) to Residential Six Zone (R-6) according to By- law 85-1 on lands legally described as Part of Biehn's Unnumbered PD 98/61 - ADDENDUM TO PD 98/49 PD 98/49 - ADDENDUM TO PD 98/24 PD 98/24 - 49 DOON VALLEY DRIVE - ZONE CHANGE APPLICATION ZC 971161DIZJ - 1090596 ONTARIO INC. - DOON PIONEER WARD (CONT'D) Tract, be approved, in the form shown in "Proposed By-law" attached, dated February 16, 1998 subject to the following conditions: 1) That Zone Change Application ZC 97/16/D/ZJ (1090596 Ontario Inc.) not be given any readings by City Council until the owner has received approval of a consent application by the City's Committee of Adjustment and established a right-of-way over a strip of land 4.5 metres wide adjacent to the abutting northerly property. 2) The owner acknowledges that condition 1 is required to be satisfied no later than seven months after Council having approved by resolution Zone Change Application ZC APRIL 27, 1998 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 88 - CITY OF KITCHENER 10. 11. 11. 97/16/D/ZJ. In the event this resolution is not fulfilled within the seven month period, Council shall consider rescinding this 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 98~59 - 589 FAIRWAY ROAD SOUTH - REQUEST FOR TEMPORARY OCCUPANCY - GLOBAL EXOTIC PETS INC. - FAIRVIEW WARD The Committee was in receipt of Planning and Development Staff Report PD 98/59 dated April 21, 1998 dealing with a request to allow temporary occupancy of 589 Fairway Road that will allow use of the building for the sale of pets and pet supplies. Ms. C. Ladd presented the request and noted that a zone change application has been submitted to allow the use requested on the subject property. On motion by Councillor J. Ziegler - it was resolved: "That if City Council supports the request for temporary occupancy for 589 Fairway Road South, their approval be conditional upon the following: That enforcement of the City's Zoning By-law be waived with respect to the sale of pets and pet supplies at 589 Fairway Road South and temporary occupancy be approved subject to the use vacating the location in the event the Zone Change Application for this use on this property is not approved; 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 losses are incurred as a result of final disposition of this application." PD 98/60 - 1475 VICTORIA STREET NORTH - DEMOLITION CONTROL APPLICATION DC 98/5/V/RM - TDL GROUP LTD. - GRAND RIVER WARD The Committee was in receipt of Planning and Development Staff Report PD 98/60 dated April 20, 1998. The report deals with a Demolition Control Application submitted by the TDL Group Limited with regard to lands known municipally as 1475 Victoria Street North. It was noted in the report that the applicant proposes to demolish a single detached dwelling to facilitate the creation of a Tim Horton's Donuts Restaurant and future commercial plaza. Further, the property is not affected by the Rental Housing Protection Act or the Ontario Heritage Act. This issues that staff examined in considering and recommending approval with regard to this application were itemized in the staff report. PD 98/60 - 1475 VICTORIA STREET NORTH - DEMOLITION CONTROL APPLICATION DC 98/5/V/RM - TDL GROUP LTD. - GRAND RIVER WARD (CONT'D) No delegations were registered regarding this matter. On motion by Councillor J. Ziegler - it was resolved: "That Demolition Control Application DC 98/5N/RM (TDL Group Ltd.) requesting approval for the demolition of a residential structure located at 1475 Victoria Street North legally described as Part of Lot 123, German Company Tract be approved. It is the opinion of this Committee that approval of this application is proper planning for the City." APRIL 27, 1998 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 89 - CITY OF KITCHENER 12. 13. PD 98~39 - FENCE BY-LAWAMENDMENTS - CITY OF KITCHENER MUNICIPAL CODE, CHAPTER 630 The Committee was in receipt of Planning and Development Staff Report PD 98/39 dated March 16, 1998 dealing with Fence By-law Amendments that would fall under Chapter 630 of the City of Kitchener Municipal Code. The report discusses the fencing set-back requirement for corner lot properties and the existing daylight corner requirement for fencing on corner lots. In the report, staff recommend no change in the fencing requirements and administration with respect to the height of fences on corner lots but do recommend the existing 15 metre (50 ft.) daylight corner required for fences on corner lots be reduced to 7.5 metres. Mr. R. Morgan briefly summarized the purpose and issues addressed in the report. Councillor T. Galloway questioned the purpose of making homeowners approach the Committee of Adjustment when it appeared most applications were approved in any event. Mr. R. Morgan explained that generally there was some form of negotiation take place between the property owner and staff following which the applicants would have some level of comfort that the Committee of Adjustment was likely to approve their application. He commented that numerous variables come into play on any request and it was the view of staff that the most appropriate place to address these issues was at the Committee of Adjustment hearing. Following further consideration, Ms. C. Ladd commented that the authority of the by-law originates from the Municipal Act and suggested that given a new Municipal Act has been proposed that the recommendation in the report be deferred to allow staff to review how this matter is addressed in the new Municipal Act and report back to the Committee. On motion by Councillor T. Galloway - it was resolved: "That consideration of Planning and Development Staff Report PD 98/39 (Fence By-law Amendments - Chapter 630, Municipal Code) be deferred to a future meeting to allow staff to review how these matters are addressed in the new Municipal Act and report back." PD 98/51 - DEMOGRAPHICS JUSTIFICATION REPORT Councillor C. Weylie requested that consideration of Staff Report PD 98/51 be deferred. On motion by Councillor G. Lorentz - it was resolved: "That consideration of Planning and Development Staff Report PD 98/51 (Demographics Justification Report) be deferred and referred to the May 11, 1998 Planning and Economic Development Committee meeting." 14. DISCUSSION - REQUEST TO PRE-CIRCULATE PLANNING STAFF REPORTS TO COUNCIL MEMBERS IN ADVANCE OF THE PEDC MEETING 15. Councillor C. Weylie raised the issue of direction given at a previous meeting regarding the circulation of Planning Reports to Councillors when they went out to members of the public with the intent that Councillors would bring such reports to the appropriate meeting. She suggested that this was not workable and following further discussion it was agreed that when reports were complete and circulated to the appropriate parties they would also be circulated to members of Council. However, Councillors will be provided with a report in their agenda packages and such reports will be clearly numbered according to the agenda. PD 98~62 - 122 KING STREET WEST (THE LYRIC NIGHT CLUB) - REQUEST FOR TEMPORARY OCCUPANCY - ZONE CHANGE APPLICATION ZC 98/4/K/JG - CENTRE WARD The Committee was in receipt of Planning and Development Staff Report PD 98/62 dated April 23, 1998. The report responds to a request to allow temporary occupancy at 122 King Street West (The Lyric Night Club) in order that an amusement arcade be located therein consisting of a PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES APRIL 27, 1998 - 90 - CITY OF KITCHENER maximum of 20 machines on the second floor. It was confirmed in the report that a zone change application has been filed. On motion by Councillor M. Yantzi - it was resolved: "That consideration of Planning and Development Staff Report PD 98/62 (Request for Temporary Occupancy - 122 King Street West, the Lyric Night Club) be deferred and referred to the May 11, 1998 Planning and Economic Development Committee meeting." 16. ADJOURNMENT On motion, the meeting adjourned at 7:45 p.m. L.W. Neil, AMCT Assistant City Clerk