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HomeMy WebLinkAboutPlng & Econ Dev - 1998-10-26PED\1998-10-26 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 26, 1998 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 4:40 p.m. under Councillor C. Weylie, Chair, with the following members present: Mayor C. Zehr and Councillors M. Yantzi, J. Ziegler, B. Vrbanovic, John Smola, T. Galloway and J. Haalboom. Councillors Jake Smola, G. Lorentz and K. Taylor-Harrison entered the meeting after its commencement. Officials present: Ms. C. Ladd and Messrs. J. Gazzola, J. Shivas, T. McCabe, B. Stanley, Z. Janecki, G. Richardson, J. Witmer, D. Mansell, D. Snow, K. Mayer and L.W. Neil. 1. BPS 98/124 4438 KING STREET EAST - ZONE CHANGE APPLICATION ZC 98/8/K/JG PRICE COSTCO - DOON-PIONEER WARD The Committee was advised that the Department of Business and Planning Services was in receipt of an application from Price Costco to change the zoning with respect to the property known municipally as 4438 King Street East. It was noted in the report that the proposed zone change is intended to facilitate the severance of the Price Costco property into two lots, allowing the existing 650 square metre (2,700 square foot) retail shoe store to be held under separate ownership. The C-8 zoning would remain; however, a special regulation would be added to the property stipulating that notwithstanding any new lot lines created, the zoning regulations will continue to be applied on the basis of the original lot. This will ensure that the proportion of small retail to large retail is maintained. In this regard, the Committee considered staff report BPS 98/124 dated September 29, 1998 and a proposed by-law dated September 22, 1998 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. Ms. C. Ladd commented on the purpose of the report and pointed out that the zone change was the result of an agreed approach to settle an Appeal of a Committee of Adjustment application. Councillor J. Ziegler referred to the site plan and suggested that it was incomplete in that it did not show were the severance line was. He also raised questions about parking and access issues. Ms. C. Ladd suggested that the applicant's representative might be in a better position to respond on these matters. Mr. Joel Farber, Fogler Rubinoff, Barristers, Toronto, appeared as a delegation on behalf of the applicant to advise that his client was in support of the recommendation in the staff report. In response to questions raised by Councillor J. Ziegler, he advised that easements and right-of- ways would be mutually agreed upon by the owners as well as an agreement entered into relative to sharing of parking facilities. Further, he noted that it would be a condition of the zone change and any new owner would assume the previous agreements. No other delegations were registered respecting this matter. Councillor J. Haalboom commented that a number of issues concerning lighting standards have arisen in the Gateway Park and questioned if staff could request owners to undertake retrofitting. Ms. C. Ladd replied that staff did not have any authority to require retrofitting. She advised that staff review lighting plans of sites to be developed and check the impact of such lighting on adjacent areas. Councillors Jake Smola and G. Lorentz entered the meeting at this point. Councillor T. Galloway also commented on the lighting issue and Ms. C. Ladd advised that staff could review the effects of what was installed in relation to the details of the original lighting plan. She noted that if the lighting did not comply with the approved lighting plan the owner would be in violation of the development agreement. On motion by Mayor C. Zehr- It was resolved: "That Zone Change Application ZC 98/8/K/JG (Price Costco - 4438 King Street East) to PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 26, 1998 - 174 - CITY OF KITCHENER add special regulation 299 to lands zoned Highway Commercial (C-8) legally described BPS 981124 4438 KING STREET EAST - ZONE CHANGE APPLICATION ZC 98/8/K/JG PRICE COSTCO - DOON-PIONEER WARD (CONT'D) as Part Lot 7, Registered Plan 1725, be approved in the form shown in the "Proposed By- law" attached, dated September 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." BPS 98/117 - 232 LAWRENCE AVENUE ZONE CHANGE APPLICATION ZC 98/11/L/ZJ JANET MAIN - WEST WARD The Committee was advised that the Department of Business and Planning Services was in receipt of an application from Janet Main to change the zoning with respect to the lands known municipally as 232 Lawrence Avenue. It was noted in the report that the applicant wishes to rezone the property to allow a change of use from manufacturing to a health office within the E-1 Zone. In this regard, the Committee considered staff report BPS 98/117 dated September 23, 1998 and a proposed by-law dated September 11, 1998 attached to the report. At the meeting, staff circulated a revised proposed by-law also dated September 11, 1998 to replace the by-law attached to the staff report. The revised by-law refines the wording with respect to clause #3 of the by-law. 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 zone change and noted that it was the first application affecting the Existing Use Zone (E-l). She commented on the revised proposed by- law that was circulated this date and noted that if the zone change was not concluded the existing tenant could remain in the building if nothing changed. Mr. Brad Straus appeared as a delegation in support of approval of the application on behalf of Catherine Straus who is the future purchaser of the property. No other delegations were registered respecting this matter. The recommendation in the staff report was then dealt with and it was agreed that the revised proposed by-law dated September 11, 1998 distributed this date replace the proposed by-law also dated September 11, 1998 that was attached to the staff report. On motion by Councillor B. Vrbanovic - It was resolved: "That Zone Change Application ZC 98/11/L/ZJ (Janet Main - 232 Lawrence Avenue) requesting the addition of a special use provision to the Existing Use Zone (E-l) according to By-law 85-1 on lands legally described as Lot 65, Registered Plan 786, be approved, in the form shown in "Proposed By-law" attached, dated September 11, 1998 subject to the following conditions being satisfied before any readings of the By-law by Council. 1) That the applicant submit and receive approval of a site plan by the Director of Planning. 2) The owner acknowledges that condition 1 is required to be satisfied no later than seven months of Council having approved by resolution Zone Change Application ZC 98/11/L/ZJ. In the event this resolution is not fulfilled within the seven month period, Council shall considering 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." PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 26, 1998 - 175 - CITY OF KITCHENER REPORT - SIDEWALK REQUIREMENTS FOR 16 METRE ROADS AND - REVISION TO PROPOSED SIDEWALK REQUIREMENTS POLICY - DOPWR-97-9 - PROPOSED SIDEWALK & PROPOSED ROAD RIGHT-OF-WAY POLICY Councillor K. Taylor-Harrison entered the meeting at this point. The Committee was in receipt of Traffic and Parking Division staff report DOPWR-97-9 dated October 30, 1997 dealing with proposed Sidewalk Policy and proposed Right-of-way Policy. Attached to the report was a memorandum dated October 15, 1998 from Mr. K. Mayer dealing with the issue of sidewalk requirements for 16 metre roads which was prepared as a result of a request by the Public Works and Transportation Committee at its meeting of September 28, 1998. Mr. D. Snow advised that he wished to propose two minor technical amendments with regard to the proposed policies, each of which affect Appendix 'B'. Firstly, he advised that the City did not build roads less that 16 metres and requested that the title of section l(a) of Appendix 'B' be revised to refer only to roads of 16 metres. Secondly, he asked that the phrase 'with the exception of public lanes' be added to the end of the sentence under section 1(c). In reference to the proposed policies, Mr. Snow commented that the concerns previously raised with regard to sidewalk requirements for 16 metre roads were addressed in the options outlined in the memorandum dated October 15th from Mr. K. Mayer. A brief discussion took place concerning some of the options and Mr. D. Mansell suggested that if a change from current practice was proposed that the proposed change be circulated to the development industry for comment. There was general support for option #3 as proposed in the memorandum from K. Mayer. However, Councillor J. Haalboom stated that she could not support requiring sidewalks on all roads and Councillor J. Ziegler stated that he did not support sidewalks on very small crescents. By general consent the Committee accepted the minor revisions requested by Mr. D. Snow. On motion by Councillor Jake Smola - It was resolved: "That with regard to Traffic and Parking Division staff report DOPWR-97-9, dated October 30, 1997 dealing with 'Proposed Sidewalk Policy and Proposed Road Right-of-Way Policy', Appendix 'B', Sidewalk Requirements, be revised as follows: (i) in section l(a) Roads 16 metres or less, delete reference to the words 'or less' so that the title reads as 'Roads 16 metres' (ii) in section 1(c) Downtown, add the phrase 'with the exception of public lanes' after the words 'Municipal Plan'; and further, That with regard to City Council's request of staff to develop options for sidewalk requirements on 16 metre roads, Planning and Economic Development Committee support, in principle, 'Option #3' (require sidewalks on both sides of all roads including 16 metre) as outlined in the October 15, 1998 memorandum from K. Mayer; and further, That staff of the Traffic and Parking Division be directed to circulate the Committee's position on Option #3, that would revise section l(a) of Appendix 'B', to the development industry for comment and to bring the industry response to a future meeting of Planning and Economic Development Committee for consideration when it deals with the proposed policies." PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 26, 1998 - 176 - CITY OF KITCHENER BPS 98/120- ADDENDUM TO PD 98~96 - 510, 520, 521,575-607 KING ST WEST & 16 VICTORIA ST NORTH - ZONE CHANGE APPLICATION ZC 971191TCIJG (CITY-INITATED CONFORMITY BY-LAW) - CENTRE, ROCKWAY-VICTORIA AND BRIDGEPORT-NORTH WARDS The Committee considered a further City Initiated rezoning under its Conformity By-law with respect to the properties known municipally as 510, 520, 521, 575-607 King Street West and 16 Victoria Street North. The proposal would change the zoning on a number of properties located near the intersection of King Street West and Victoria Street North from General Industrial (M-2) and Service Commercial to Service Commercial (C-6) with a special policy to permit freestanding offices to implement the Municipal Plan. In this regard, the Committee considered staff report BPS 98/120 dated October 2, 1998 prepared as an addendum to report PD 98/96 and a proposed by- law dated September 18, 1998 attached to the report. It was noted in the report that the City Initiated Conformity By-law approved by Council August 17, 1998 dealing with implementation of the Municipal Plan failed to incorporate the rezoning of the subject lands which are now included in a separate proposed zoning by-law 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. Ms. C. Ladd advised that staff had nothing further to add to the report under consideration. Mr. T. McCabe commented that the rezoning would assist with any of the contemplated developments affecting these lands. No delegations were registered respecting this matter. On motion by Councillor M. Yantzi- It was resolved: "That the portion of Zone Change Application ZC 97/19/TC/JG (City Initiated Conformity By-law - 510, 520, 521, 575-607 King Street West and 16 Victoria Street North) which would change the zoning from General Industrial (M-2) with special use provision 48 and special regulation provision 51 and Service Commercial (C-6), to Service Commercial (C-6) with special regulation provision 302, on lands legally described as Lots 1-5 and 7-31 inclusive & Lots A, B and C and Part Lot 6 W.H. Bowlby's Survey, Registered Plan 420 and Part Lot 488, Registered Plan 375, more particularly described as Parts 1 and 6 of 58R- 8902; Lots 1, 2, 4, 6 and Part Lots 3, 5 and 7, Registered Plan 374; Part Lots 35 and 36 Streets and Lanes, Lot 67, Part Lots 22 and 25 and Part lots 68, 69 and 489, Registered Plan 377; Lot 109 and Part Lot 112 SS King Street NS CNR STS & LNS, be approved in the form shown in the "Proposed By-law" attached, dated September 18, 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." REPORT - UPDATE ON 1998 PASSPORT TO SUCCESS EVENT The Committee was in receipt of a report dated October 22, 1998 from Ms. J. Jantzi and Mr. T. McCabe commenting on the favourable outcome of the 1998 Passport to Success event that was held recently. Mr. McCabe advised that staff were following up on three serious leads as a result of the undertaking which in his view was a major success. He stated that he had asked Ms. Jantzi to monitor any direct connections made as a result of the event but acknowledged that it was sometimes difficult to make a determination in this regard. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 26, 1998 - 177 - CITY OF KITCHENER BPS 98/126- ADDENDUM TO PD 98/101 FISCHER-HALLMAN ROAD EXTENSION MODIFICATION TO DRAFT PLAN OF SUBDIVISION APPLICATION 30T-95015 (LAURENTIAN FOREST - STAGE 3) - ACTIVA DEVELOPMENT CORPORATION - SOUTH WARD The Committee was in receipt of Business and Planning Services staff report BPS 98/126 dated September 29, 1998 was prepared as an addendum to staff report PD 98/101. The report deals with activity following the Committee's August 10th approval of a request by Activa Development Corporation to modify condition #53 of Plan of Subdivision 30T-95015. The report discusses the fact that financial resources as well as physical resources are now secure with respect to the completion of Fischer-Hallman Road. Accordingly, staff have no concerns with the modification of condition #53 to remove the requirement for the construction of road improvements prior to registration of Stages 2 through 13 of the subdivision. Ms. C. Ladd advised that staff had nothing further to add to the report under consideration. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, representing Activa Development Corporation was in attendance earlier to speak on this item but as a result of the delay in the meeting start time had to leave to attend to another commitment. Councillor T. Galloway commented on the agreement that has been reached with respect to this matter and asked for the Committee's support. Further, he noted that Regional Staff have given assurance that it was likely the extension of Fischer-Hallman Road would actually be built in 1999. On motion by Councillor T. Galloway - It was resolved: "That the Department of Business and Planning Services be directed to process a modification to Draft Plan of Subdivision 30T-95015 (Activa Development Corporation - Laurentian Forest - Stage 3), through Assistant General Manager's approval, to revise existing Condition 53 of the City's Draft Approval to permit the registration of Stages 2 through 13 inclusive, upon the Regional Municipality of Waterloo being in receipt of funds in an amount equal to the non-growth related component of the Fischer-Hallman Road Extension/Westmount Road Re-alignment. It is the opinion of this Committee that approval of this modification is proper planning for the City." BPS 98/129 - REGULATIONS CONCERNING ACCESSORY BUILDINGS IN RESIDENTIAL AREAS The Committee was in receipt of Business and Planning Services staff report BPS 98/129 dated October 19, 1998. The report deals with regulations concerning accessory buildings in residential areas. Ms. C. Ladd advised that the report was prepared by Mr. G. Richardson who had extensive experience relating to this matter and it is recommended that the Department be directed to prepare an amendment to the zoning by-law to revise regulations concerning accessory buildings in residential areas. In response to Councillor J. Ziegler, Ms. Ladd advised that the definition of accessory building and criteria would be refined with respect to whether the accessory building was detached or attached to a dwelling. Mr. G. Richardson stated that his overriding concern was with regard to the bulk or mass of a building and commented on roof pitch and the 15% maximum lot coverage and 5.5 metre (18 feet) height limitation. Mr. J. Witmer provided an example of overall building height by describing wall height and the height of the roof pitch. Ms. C. Ladd advised that the maximum building height and maximum lot coverage specifications had not been finalized at this point. Mayor C. Zehr stated that he was in PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 26, 1998 - 178 - CITY OF KITCHENER favour of encouraging the limitation of height as much as possible. In this regard Mr. J. Witmer BPS 981129 - REGULATIONS CONCERNING ACCESSORY BUILDINGS IN RESIDENTIAL AREAS (CONT'D) suggested one approach was to limit the maximum height of eavestroughs which would ensure that a structure was not built 15 feet in height but with a flat roof. Mayor Zehr asked that such approach be incorporated into the City's criteria. On motion by Councillor M. Yantzi- It was resolved: "That Staff Report BPS 98/129 (Regulations concerning accessory buildings in residential areas) be received as information; and further, That the Department of Business and Planning Services be directed to prepare an amendment to the Zoning By-law to revise the regulations concerning accessory buildings in residential areas." Councillor J. Ziegler requested to be recorded as opposed to the recommendation. 8. POSSIBLE RE-NAMING OF PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE 10. Councillor C. Weylie advised that she had surveyed Council members on the subject of a possible name change of the Planning and Economic Development Committee and the consensus was a name change was not required. On motion by Councillor J. Ziegler, it was agreed that no change be made to the name of the Planning and Economic Development Committee. SCHOOL BOARD MEETING RE: SCHOOL CLOSURE Mayor C. Zehr advised that he had been informed that a meeting would be held by the Public School Board on the subject of school closings at Southridge Public School on Wednesday, October 28th. He stated that it was his understanding the Board was recommending closure of Courtland Avenue Public School and suggested that a representative of City Council should attend the meeting. Councillor K. Taylor-Harrison volunteered to attend as the City's representative. ADJOURNMENT On motion, the meeting adjourned at 5:35 p.m. L.W. Neil, AMCT Assistant City Clerk