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HomeMy WebLinkAboutPlng & Econ Dev - 1998-06-08PED\1998-06-08 JUNE 8, 1998 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:30 p.m. with the following members present: Councillors K. Taylor-Harrison, J. Haalboom, T. Galloway, G. Lorentz J. Ziegler and John Smola. Officials present: Ms. C. Ladd, L. MacDonald, J. Givern and Messrs. T. McCabe, J. Witmer, D. Mansell and L.W. Neil. 1. APPOINTMENT OF ACTING CHAIR In the absence of both the Committee Chair and Vice Chair it was necessary to appoint an acting Chair for this meeting. On motion by Councillor G. Lorentz - it was resolved: "That Councillor J. Ziegler be appointed Acting Chair of the June 8, 1998 Planning and Economic Development Committee meeting." DELEGATION - 570 TRILLIUM DRIVE - HURON BUSINESS PARK, PHASE II - REQUEST FOR EXTENSION OF CLOSING DATE OFFER TO PURCHASE -SITE 119 - PETER WATERS - SOUTH WARD Mr. Peter Waters appeared as a delegation in regard to his offer to purchase 570 Trillium Drive (Site 119) in Phase II of Huron Business Park. Mr. Waters advised that he required additional time to finalize matters relating to the purchase and requested an extension of 60 days to August 21, 1998. Mr. L. Neil advised the Committee that in a conversation with Ms. J. Jantzi just prior to the beginning of the meeting she indicated that she was in support of the request for a 60 day extension. On motion by Councillor G. Lorentz - it was resolved: "That we approve the request of Mr. Peter Waters for a 60 day extension to August 21, 1998 respecting details relating to his Offer to Purchase 570 Trillium Drive (Site 119) in Huron Business Park, Phase I1." PD 98/69 - 190 VICTORIA STREET NORTH ZONE CHANGE APPLICATION ZC97/40/V/ZJ - LYNN AND JOHN TEIXEIRA - BRIDGEPORT - NORTH WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from Lynn and John Teixeira to change the zoning of lands known municipally as 190 Victoria Street North. It is proposed to re-zone the property in order to permit an office use to occupy 75% of the gross floor area in addition to retaining one dwelling unit within the building. In this regard, the Committee was in receipt of Planning and Development Staff Report 98/69 dated May 12, 1998 and a proposed by-law dated April 22, 1998 attached to the report. It was noted in the report that the subject property has a frontage of 13.5 metres (44.4 feet) and abuts a service commercial business to the east, single family dwellings and office uses across Victoria Street to the south, a church to the west and backs onto a public lane and the main CNR railway line to the north. As well, it also stated in the report that the subject property was included in the City's Inventory of Heritage Buildings and that the heritage conservation policies in the Municipal Plan allows some flexibility in regards to uses proposed for heritage resources. 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 application and requested that the Committee consider a revision to the recommendation outlined in the staff report. In this regard she JUNE 8, 1998 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 108 - CITY OF KITCHENER PD 98/69 - 190 VICTORIA STREET NORTH ZONE CHANGE APPLICATION ZC97/40/V/ZJ - LYNN AND JOHN TEIXEIRA - BRIDGEPORT - NORTH WARD (CONT"D) advised that staff were now recommending approval of the application without conditions. Ms. Ladd explained that in this instance it was inappropriate for the Region to acquire a road widening through the zone change process but rather it should come about under the site plan application process. Councillor John Smola advised that Mr. John Teixeira was in attendance to support his application. No other delegations were registered respecting this matter. The recommendation in the staff report was then considered. It was agreed to revise the recommendation so as to delete the conditions and provide for approval without conditions. On motion by Councillor John Smola - it was resolved: "That Zone Change Application ZC 97140N/ZJ (Lynn and John Teixeira) requesting a change in zoning from Service Commercial Zone (C-6) with special use provision 3U to Service Commercial Zone (C-6) with special use provisions 3U and 254U and special regulation provision 288R according to By-law 85-1 on lands legally described as Part of Lot 26, Grange's Survey, North of King Street and South of the CNR, Registered Plan 374 and more particularly described as Parts 2 and 3 on Plan 58R-4442, be approved, in the form shown in the "Proposed By-law" attached, dated April 22, 1998 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." Councillor J. Ziegler advised the delegation that the Committee recommendation would be considered by City Council at its meeting to be held on Monday June 15, 1998. PD 98/83 - 4396 KING STREET EAST - HEADIN' WEST OUTFITTERS INC. - 1373 VICTORIA STREET NORTH - ZEVEST DEVELOPMENT CORPORATION - REQUEST FOR TEMPORARY OCCUPANCY RE: SALE OF SPORTING GOODS DOON PIONEER WARD AND GRAND RIVER WARD The Committee was in receipt of Planning and Development Staff Report PD 98/83 dated June 3, 1998. The report deals with letters requesting Council's consideration of temporary occupancy to allow the sale of sporting goods on each of two respective properties. It was noted in the report that the City's amendment to the zoning by-law to implement the Municipal Plan is intended to add the sale of sporting goods to both the Service Commercial Zone (C-6) affecting the Victoria Street North property and the Highway Commercial (C-8) Zone affecting the King Street property with the related by-law being brought before the Committee in August 1998. As well the sale of sporting goods complies with the respective Municipal Plan designations. No delegations were registered regarding this matter. On motion by Councillor G. Lorentz - it was resolved: "That City Council support the requests for temporary occupancy for 4396 King Street East and 1373 Victoria Street North, each of their approvals conditional upon the following: PD 98/83 - 4396 KING STREET EAST - HEADIN' WEST OUTFITTERS INC. - 1373 VICTORIA STREET NORTH - ZEVEST DEVELOPMENT JUNE 8, 1998 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 109 - CITY OF KITCHENER CORPORATION - REQUEST FOR TEMPORARY OCCUPANCY RE: SALE OF SPORTING GOODS DOON PIONEER WARD AND GRAND RIVER WARD (CONT"D) That enforcement of the City's Zoning By-law be waived with respect to the sale of sporting goods at 4396 King Street East and 1373 Victoria Street North and temporary occupancy be approved subject to the uses vacating the location in the event the City Initiated Zone Change to add the sale of sporting goods to the C-6 and C-8 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 98~82 - COMPREHENSIVE REVIEW / OPTIONS FOR REGULATION OF AMUSEMENT ARCADES IN THE DOWNTOWN CORE The Committee was in receipt of Planning and Development Staff Report PD 98/82 dated June 5, 1998 pertaining to Review of Amusement Arcade Regulations in the Downtown. It was noted in the report that on May 19th, Council directed a review of zoning regulations related to amusement arcades in the downtown on a comprehensive basis and report on June 8th with options to be considered by the Committee on August 10, 1998. It was pointed out in the report that consideration is to be given to two site-specific zone change applications in the comprehensive review relating to Sammy's Social Club at 350 King Street West (ZC 97/17/K/JG) and to the Lyric Night Club at 122 King Street West (ZC 98/4/JG). History relating to the amusement arcade issue was discussed in the report and it was pointed out that both zone change applicants have agreed to consideration of their applications in a comprehensive manner as recommended in PD 98/82. No delegations were registered respecting this matter. On motion by Councillor K. Taylor-Harrison - it was resolved: "1) That the Department of a Planning and Development be directed to hold an informal public meeting to solicit public input on the regulation of amusement arcades in the downtown at which the following alternative approaches should be considered: a) that no changes to the current zoning regulations relative to amusement arcades be considered. b) that Zone Change Application ZC 97/17/K/JG (Sammy's Social Club-350 King Street West) and ZC 98/4/JG (The Lyric Night Club-122 King Street West) be processed independently and considered on the basis of their individual merits, and that all future applications for amusement arcades in the downtown be considered on a site specific basis. c) that comprehensive changes to the current zoning by-law regulations, and possibly Municipal Plan policies, for amusement arcades in the downtown be considered, affecting all D-1 properties in the downtown. 2) That the Department of Planning and Development be requested to bring back a full report on the review of the regulation of amusement arcades in the downtown on October 26, 1998, including recommendations relating to Zone Change Application ZC 97/17/K/JG (Sammy's Social Club-350 King Street West) and ZC 98141JG (The Lyric Night Club-122 King Street West)." PD 98/78 - REVISIONS TO CITY COUNCIL POLICY 1-705 - PUBLIC PARTICIPATION IN THE PLANNING PROCESS The Committee was in receipt of Planning and Development Staff Report PD 98/78 dated June 4, JUNE 8, 1998 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 110 - CITY OF KITCHENER 1998. The report deals with a proposed revision to City Council Policy 1-705 dealing with Public Participation in the Planning Process. Mr. T. McCabe briefly explained the purpose of the report noting that the Planning Act had been revised to include circulation requirements for plans of subdivisions. He indicated that this was an expansion of the Public Participation Process which staff were in support of. Moved by Councillor G. Lorentz - "That Policy 1-705 (Public Participation in the Planning Process) be revised to require the posting of notice signs and preliminary circulation letters for applications for plans of subdivision." Councillor J. Haalboom referred to a concern that she had regarding the 120 metre radius circulation requirement, pointing out that in her view it was appropriate in the core areas but could be a problem in outer undeveloped areas. She questioned if it was possible to extend the radius in rural situations. Mr. T. McCabe responded that the 120 metre notice provision was a regulation under the Planning Act and suggested it would be dangerous to act otherwise. Further, he commented that the purpose of placing an information sign on property that was the subject of an application under the Act was to catch people outside of the required notice circulation distance who might have an interest in the matter. Ms. C. Ladd commented that in 1996 a full discussion had taken place regarding this issue and it was recognized that there was a danger in going beyond the 120 metre circulation distance requirement. Councillor Haalboom stated that she favours a 400 metre notice requirement in rural situations and Mr. T. McCabe advised that staff recommend the 120 metre requirement for the reasons previously stated. Councillor G. Lorentz pointed out that all Councillors were circulated with planning proposals and that they were free to take it upon themselves to notify people they thought should be aware of an application, who happened to be located outside of the radius for circulation. A motion by Councillor J. Haalboom to amend Councillor Lorentz's motion so as to provide for circulation up to 400 metres in rural areas was put to vote and lost. Mr. T. McCabe advised that when staff surveyed other municipalities on the public participation issue, it was found that Kitchener was one of the few municipalities that carries out a preliminary circulation. Further, he noted that Kitchener undertakes an extensive consultation process in addition to the preliminary circulation that includes an information meeting, requiring larger signage relating to application and notice of passing of by-laws. The original motion of Councillor G. Lorentz was then put to a vote and it was resolved: "That Policy 1-705 (Public Participation in the Planning Process) be revised to require the posting of notice signs and preliminary circulation letters for applications for plans of subdivision." PD 98/79 - REVISION TO CITY COUNCIL POLICY 1-745 TEMPORARY OCCUPANCY REQUESTS The Committee was in receipt of Planning and Development Staff Report PD 98/79 dated June 4, 1998. The report deals with revision to Council's Policy in respect to consideration of Temporary Occupancy Requests. It was pointed out in the report that Council's policy for dealing with such requests includes three major tests: filing of a zone change application and circulation to the neighbourhood, compliance with the Official Plan and no building permit being required. PD 98/79 - REVISION TO CITY COUNCIL POLICY 1-745 TEMPORARY OCCUPANCY REQUESTS (CONT"D) Mr. T. McCabe briefly explained the staff report and pointed out that the recommendation would delete the requirement for circulation of a zone change application. He pointed out that this had JUNE 8, 1998 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 111 - CITY OF KITCHENER 10. come about as a result of a law suit in another matter. Mr. McCabe provided statistics on the number of requests for temporary occupancy received after circulation and those received prior to circulation and recommended that the issue be dealt with outside of any planning function without consideration of the planning merits of any application. On motion by Councillor K. Taylor-Harrison - it was resolved: "That Policy 1-745 (Temporary Occupancy) be revised by deleting Clause 1 b), thereby removing the requirement to complete preliminary circulation of a zone change application to the neighbourhood as a condition of temporary occupancy, prior to Council's consideration." MONARCH 'WYLDWOOD' SUBDIVISION Councillor J. Haalboom advised that she wished to raise two concerns that have come to her attention involving grading with respect to the Monarch Subdivision adjacent to Pinnacle Drive. Firstly, on the matter of noise she advised that construction equipment was operating from 7:00 a.m. to 7:00 p.m. on a six day a week basis and questioned if this was legal. Secondly, she pointed out that the Sunbeam Home was being shakened by these grading operations. Ms. L. MacDonald advised that it was her recollection the noise by-law permitted noise arising from construction activity from 7:00 a.m. to 7:00 p.m. daily. Following the meeting Ms. MacDonald provided an E-mail to members of Council advising that her remarks were incorrect and that the actual hours were from 7:00 a.m. to 6:00 p.m. daily. On the issue of the work affecting the Sunbeam Home, Mr. D. Mansell advised that he would contact the consultant for the Monarch Group and request that they get in touch with Sunbeam Home officials to address the issue. He pointed out that in any event it was a matter of liability between these private parties. BIKEWAY CURB/RAMP ISSUE AND SAFETY BARRIER Councillor J. Ziegler circulated a picture of a typical bikeway crossing and signage existing on the Niagara Parkway and asked that it be forwarded to Mr. D. Snow for inclusion in a future report to the Public Works and Transportation Committee on the design of curbs or ramps at street crossings of the Iron Horse Trail. ADJOURNMENT On motion, the meeting adjourned at 4:00 p.m. L.W. Neil, AMCT Assistant City Clerk