HomeMy WebLinkAboutPlng & Econ Dev - 1999-10-18 SPED\1999-10-18-SPE
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
OCTOBER 18, 1999CITY OF KITCHENER
The Planning and Economic Development Committee held a special meeting commencing at 4:05 p.m.
this date under Councillor C. Weylie, Chair, with the following members present: Mayor C. Zehr and
Councillors Jake Smola, M Yantzi, G. Lorentz, B. Vrbanovic, T. Galloway and John Smola. Councillors K.
Taylor-Harrison and J. Haalboom entered the meeting after its commencement.
Officials present: Ms. C. Ladd, J. Given, P. Bacon, L. Pasternak and Messrs. B. Stanley, J. Shivas, G.
Borovilos and L. W. Neil.
1.BPS 99/155 - ADDENDUM TO PD 98/90 AND PD 98/102
-245 STRASBURG ROAD (FORMER BEST PIPE PROPERTY)
-SETTLEMENT OF APPEALS TO ONTARIO MUNICIPAL BOARD
-MUNICIPAL PLAN AMENDMENT APPLICATION MP 96/6/S/CL
-ZONE CHANGE APPLICATION ZC 96/21/S/CL
-LOBLAWS PROPERTIES LIMITED - FAIRVIEW WARD
The Committee was in receipt of Business and Planning Services staff report BPS 99/155 dated
October 12, 1999 dealing with applications for Municipal Plan Amendment and Zone Change
submitted by Loblaws Properties Limited with regard to the property known municipally as 245
Strasburg Road (former Best Pipe property). The staff report was prepared as an addendum to
previous reports numbered as PD 98/90 and PD 98/102. An explanation of the status of the
applications was provided in BPS 99/155 which pointed out that the applications are before the
Ontario Municipal Board for an amendment to the City’s Municipal Plan and Zoning By-law to
allow a portion of the former ‘Best Pipe’ property to be developed with a food store consisting of
approximately 80,000 sq. ft. Through an order of the Ontario Municipal Board, the remainder of
the lands have been zoned C-6 with a special regulation allowing freestanding office which
implements both the Municipal Plan’s Service Commercial land use designation and the Suburban
Office Policies.
It was pointed out in the report that notice of the Committee’s consideration of the revised Official
Plan Amendment and Zone Change was given to all parties who appeared at the August 10, 1998
public meeting held by the Planning and Economic Development Committee and the August 17,
1998 Council meeting.
Ms. C. Ladd advised that the applications were considered by the Committee on August 10, 1998
and City Council on August 17, 1998 and deferred on the basis of two major concerns. The first
concern was that the City should complete review of its commercial policies before a decision was
made on the applications and the second concern was that competing applications were submitted
but had not as yet been processed. Ms. Ladd advised that since the referral to the Board by the
applicants, a number of initiatives had occurred including receipt of draft commercial policies
which have now resulted in the resolution of the issues related to these applications and that all
objectors had formally withdrawn from the matter and the Board had granted partial approval to the
zone change bringing into effect the C-6 zoning. However, the applications to permit a food store
are scheduled for consideration by the Ontario Municipal Board at a hearing to be held on
November 22, 1999.
Ms. Ladd pointed out that staff were bringing this matter back to the Committee as it was the
preference of the Ontario Municipal Board to receive City Council’s consideration of these matters.
She noted that by means of a number of pre-hearings, the applications had been brought to the
stage they were at, resulting in partial zoning and that the only issue now requiring approval
related to the foodsore proposal.
Mr. Alan Patton, London, Ontario, solicitor for Loblaws, appeared as a delegation and advised that
he was in support substantively and procedurally of the recommendation contained in the staff
report. Mayor C. Zehr questioned what the effect was if the Committee and Council were to
approve the recommendations in the staff report. Ms. C. Ladd commented that the applications
would be dealt with by the Board and that the proposed recommendation brings a local position
forward for consideration by the Board.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
OCTOBER 18, 1999- 147 -CITY OF KITCHENER
1.BPS 99/155 - ADDENDUM TO PD 98/90 AND PD 98/102
-245 STRASBURG ROAD (FORMER BEST PIPE PROPERTY)
-SETTLEMENT OF APPEALS TO ONTARIO MUNICIPAL BOARD
-MUNICIPAL PLAN AMENDMENT APPLICATION MP 96/6/S/CL
-ZONE CHANGE APPLICATION ZC 96/21/S/CL
-LOBLAWS PROPERTIES LIMITED - FAIRVIEW WARD(CONT’D)
In response to Councillor T. Galloway, Ms. Ladd advised that the matters before the Board were
consistent with previous consideration. She did note that a consent application for land severance
was also a matter to be addressed.
Councillor K. Taylor-Harrison entered the meeting at this point.
Councillor T. Galloway commented that given the outcome of the applications to this point in time,
it was his view that previous action taken by City Council in respect to these matters was
appropriate.
On motion by Councillor John Smola -
It was resolved:
“1)That City Council recommend to the Ontario Municipal Board that Municipal Plan
Amendment Application MP 96/6/S/CL (former Best Pipe site - 245 Strasburg Road)
be approved, being an amendment to:
a)add Special Policy 31 to Part 3, Section 12 as follows:
31.Notwithstanding the Service Commercial designation, on lands municipally
known as 245 Strasburg Road, legally described as Part Lot 9, Municipal
Compiled Plan 1021 and Part Lots 4 and 5, Municipal Compiled Plan 1022, a
large foodstore shall also be permitted to a maximum gross floor area of 7500
square metres.
b)Amend Map 8 to include Special Policy 31 as shown on Schedule A
attached.
It is the opinion of this Committee that approval of this application is proper planning
for the City.
2)That City Council recommend to the Ontario Municipal Board that Zone Change
Application 96/21/S/CL (former Best Pipe property, 245 Strasburg Road -Loblaws
Properties Ltd.) requesting a change in zoning to add special use provision 257 to
lands currently zoned Service Commercial (C-6) with special regulation 295R
according to By-law 85-1 and municipally addressed as 245 Strasburg Road and
legally described as Part Lot 9, Municipal Compiled Plan 1021 and Part Lots 4 and
5, Municipal Compiled Plan 1022, more particularly described as Parts 1 and 2, Plan
58R-11063, be approved, in the form shown in the attached "Proposed By-law"
dated October 12, 1999.
It is the opinion of this Committee that the approval of this application is proper
planning for the City and is in conformity with a recommended Amendment (former
Best Pipe site – 245 Strasburg Road) to the City’s Municipal Plan.”
2.BPS 99/126 - DOWNTOWN MONITORING REPORT 1998 -1999
The Committee was in receipt of Business and Planning Services staff report BPS 99/126
(Downtown Monitoring Report 1998-1999) dated Septemebr 28, 1999. The report refers to the
Downtown Strategic Action Plan and the need to monitor effectiveness of improvement efforts
underway with respect to the Downtown. Analysis of downtown improvements first began in
August 1997 and data has been collected systematically covering 14 indicators for the period
August 1998 to July 1999. The staff report examines each of the following indicators in
detail and illustrates year-to-year change: vacancy rates, business activity, employees,
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
OCTOBER 18, 1999- 148 -CITY OF KITCHENER
2.BPS 99/126 - DOWNTOWN MONITORING REPORT 1998 -1999 (CONT’D)
parking revenue, hot occupancy rates, vacant sites and buildings residential development,
downtown financial incentives, building permit activity, assessment value and special events. The
report concludes that performance of the downtown has improved in respect to most measures but
does note that street front and mall retail vacancy rates remain a concern. It was indicated that
gradual and steady improvement of the downtown is expected to continue next year.
Ms. Katherine Dever provided the Committee with explanation of the meaning behind the statistics
outlined in Appendix ‘A’ attached to the report pertaining to the 14 measurable indicators.
Councillor J. Haalboom entered the meeting at this point.
Councillor J. Haalboom raised the matter of hotel occupancy rates and Ms. Dever advised that
staff had not discussed the issue of solutions with them. Mr. G. Borovilos advised that one of the
methods to address the vacancy rate issue would be to undertake discussions with K-W Tourism.
Councillor J. Haalboom commented that notwithstanding the improvements that have taken place,
the appearance of the downtown made it difficult to convince people that things were improving.
She questioned how the data would be used to convey these improvements. Mr. Borovilos advised
that staff intend to incorporate such data within the Economic Division’s marketing effort.
Messrs. Derek Bennett, David Gowland and Ms. Lynn Calder appeared as a delegation
representing the Central Frederick - King East Neighbourhood Alliance. A submission dated
October 18, 1999 was distributed by the delegation. The submission contained 4
recommendations regarding the Downtown Monitoring Report, to which were attached
photographs of the majority of vacant buildings, which total 21 between Cedar Street and City Hall
and exclude indoor mall vacancies.
Mr. D. Gowland commented that it was their view the staff report does not address the decline
within the retail sector within the downtown. He referred to the listing of vacant buildings and also
commented that it did not include those on side streets and in the malls and that, it was a severe
problem that must be addressed. He commented that given the state of the retail sector, the staff
conclusion that economic conditions within the downtown had been growing at a healthy pace,
had to be questioned.
Mr. D. Bennett referred to the vacancy rate statistics where there had been an increase in the
number of empty stores. He pointed out that over 17,000 residents live in the downtown core and
should be involved in the improvement process as to what services they would like to see in the
downtown.
Ms. L. Calder read the recommendations of the Neighbourhood Alliance and acknowledged that
the high vacancy rate has existed for a lengthy period of time. She suggested that the City
undertake to survey the downtown neighbourhoods and the core to better define their needs as
consumers.
A lengthy discussion took place during which numerous questions and answers were exchanged
between the delegation and Committee members. The following points arising from the exchange
were raised:
- survey the downtown residents as to what businesses would be successful in the downtown
- the staff report was overly positive with not enough attention being paid to the retail sector
- the intent of the staff report was to function as a monitoring report only
- input from residents is being received via the Downtown Development Team, Safe City
Committeeand Youth Issues Committee
- Council is not resting on its successes to date in bringing about improvements in the downtown
- the residents wish to encourage partnering with the City to bring about improvement to the
downtown
2.BPS 99/126 - DOWNTOWN MONITORING REPORT 1998 -1999 (CONT’D)
- the need to strongly focus activity of the Economic Development Division to improve the retail
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
OCTOBER 18, 1999- 149 -CITY OF KITCHENER
sector
- the Mayor’s Task Force recommendations recognize the need for a strong retail sector and staff
consider it a priority focus to secure a major retailer
- the number of retail vacancies has been reduced dramatically from 96 in 1995
- staff will pursue the retail sector more aggressively as soon as there is a full staff complement
- a goal oriented approach to reducing vacancies in the retail sector was suggested
- the downtown strategic plan has 58 goals and objectives, most of which are qualitative as
compared to quantitative
- the visual condition of building facades in the downtown was still a concern
- the importance of dealing with improvement in a sustained long term approach
Given the discussion that has taken place, Mayor C. Zehr suggested that the staff
recommendation be revised to include direction to staff to undertake a renewed effort in co-
operation with the Kitchener Downtown Business Association in working toward a substantial
reduction in retail vacancies in the year 2000. Councillor Jake Smola stated that he would support
the staff recommendation and the revision proposed by Mayor Zehr. Councillors C. Weylie and K-
Taylor-Harrison commented that it was a well known fact that in the improvement process to renew
the downtown, that retailing was traditionally the last sector to rejuvenate.
Councillor B. Vrbanovic stated that he also supported the proposed recommendations and
acknowledged that many positive things have happened since 1995 relating to the downtown and
that there was a need to continue building on this trend. He commented that he would like to see
the retail sector promoted with an approach similar to the Passport to Success event and asked
that Mr. Borovilos look at the possibility of defining quantitative goals and advise of his
consideration at a future meeting.
Councillor T. Galloway acknowledged the concern the delegations expressed in regards to the
retail sector and their desire to partner with the City to bring about improvements. He also
stressed that the staff report does show evidence that things are turning around within the
downtown given that the indicators are now generally positive. Councillor J. Haalboom stated that
there was a need for an active Property Standards enforcement program to ensure buildings and
facades are attractive which would have the effect of encouraging future rentals of vacant
premises. She questioned if there was any means of controlling the placement of signs in the
windows of vacant buildings which advertise for lease but have the tendency to convey the wrong
message.
On motion by Mayor C. Zehr -
It was resolved:
“That Council receive Business and Planning Services staff report BPS 99/126 (1998-99
Downtown Monitoring Report) as evidence that the economic conditions of Downtown
Kitchener have been growing at a healthy pace since 1995; and,
That Council direct staff to distribute this report to the Kitchener Downtown Business
Association, Downtown businesses and the real estate/development community for their
information; and further,
That Council direct staff to undertake a renewed effort, in co-operation with the Kitchener
Downtown Business.”
3.BPS 99/149- 828 KING STREET WEST
- REQUEST TO EXTEND DEADLINE TO FULFIL CONDITIONS
- ZONE CHANGE APPLICATION ZC 97/39/K/ZJ (CITY INITIATED)
- WATERLOO REGION DISTRICT SCHOOL BOARD
- BRIDGEPORT - NORTH WARD
The Committee was in receipt of Business and Planning Services staff report BPS 99/149 dated
October 4, 1999. The report deals with a request from the City’s Traffic and Parking Division for
3.BPS 99/149- 828 KING STREET WEST
- REQUEST TO EXTEND DEADLINE TO FULFIL CONDITIONS
- ZONE CHANGE APPLICATION ZC 97/39/K/ZJ (CITY INITIATED)
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
OCTOBER 18, 1999- 150 -CITY OF KITCHENER
- WATERLOO REGION DISTRICT SCHOOL BOARD
- BRIDGEPORT - NORTH WARD (CONT’D)
a further extension to Council’s approval of the zone change to allow for the finalization of
conditions. It was noted that conditions of approval require a site plan application which has not
yet been received and that a lease agreement to provide parking on the School Board lands is still
being negotiated and the Board is reviewing its needs relative to access.
Ms. C. Ladd briefly summarized the purpose of the report and noted that the issue at hand was
how the parking lot should be designed so as to still allow for access into the sports field.
On motion by Councillor John Smola -
It was resolved:
“That Kitchener City Council support an extension to the deadline for fulfilling the conditions
of approval for Zone Change Application 97/39/K/ZJ - City Initiated (828 King Street West -
Waterloo Region District School Board) to October 21, 2000.”
4.BPS 99/156-EXTENSION OF CONSULTATION PROCESS RE:
““
PROPOSED BY-LAWAND “DESIGN STANDARDS FOR DRIVE -
“
THROUGH FACILITIES
The Committee was in receipt of Business and Planning Services staff report BPS 99/156 dated
October 13, 1999. It was noted in the report that since receiving direction from Council on June
21, 1999, staff had undertaken formal consultation with the business community, neighbourhood
associations and the Environmental Committee regarding the ‘Proposed By-law’ and the
‘Proposed Design Standards for Drive-through facilities’.
Ms. C. Ladd advised that following this consultation, it became apparent there were a number of
specific issues of concern related to drive-through facilities and that more extensive consultation
was necessary to develop standards and / or regulations to address these issues.
Councillor T. Galloway questioned how staff proposed to approach neighbourhood associations
with respect to this planning issue given that many associations do not function in such a way as
to address this type of issue. Ms. C. Ladd advised that a public information session had already
been held and all neighbourhood associations were notified but very few attended. She indicated
that given this outcome, it was now staff’s intent to convey information relative to the drive-through
issue directly to residents abutting existing drive-through facilities.
On motion by Councillor B. Vrbanovic -
It was resolved:
“That Council support an extended consultation process with the business community,
neighbourhood associations and the City’s Environmental Committee to review the issues
related to drive-through facilities and that the date for which a report on the matter is to be
presented to Planning and Economic Development be extended to early in 2000.”
5.BPS 99/157-DIRECTION TO REVIEW THE CITY’S SIGN BY-LAW
The Committee was in receipt of Business and Planning Services staff report BPS 99/157 dated
October 13, 1999. It was noted in the report that at the April 19, 1999 Council meeting and at the
April 26, 1999 Finance and Administration Committee meeting several issues had been raised
related to signs. Accordingly, planning staff were directed to prepare a report on the process
involved in reviewing and amending the sign by-law relative to the proliferation of signs, the safety
of roof signs and the shared use of mobile signs for a longer period of time. In addition, staff were
also asked to advise of the options in the existing by-law for enforcement.
5.BPS 99/157-DIRECTION TO REVIEW THE CITY’S SIGN BY-LAW (CONT’D)
The purpose of the staff report was listed as follows:
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
OCTOBER 18, 1999- 151 -CITY OF KITCHENER
To identify those matters relating to signs which Council and / or staff have raised as requiring
·
attention.
To outline the nature of the process which would be involved in undertaking a review of the
·
entire sign by-law.
To recommend an approach to the review of the City’s sign by-law which will target the issues
·
most needing attention and meeting current business demands.
A brief summary of sign issues and key matters related were itemized in the staff report under the
following topics: mobile signs, Downtown sign by-law, safety of roof signs, home business signs,
enforcement options, and subdivision entrance signs. The proposed review process was outlined
and it was suggested that if Council wanted a full review of the sign by-law to be undertaken, that
funding be made available to hire a consultant to undertake the review. However, since extensive
reviews have taken place periodically during the 1990’s, staff propose that only those matters
raised specifically by Council and those matters identified by staff as requiring attention be
reviewed. Further, staff recommend completion of the new sign by-law for the Downtown as a
priority and timing for completion of the balance of issues be established as October 2000.
Ms. J. Given provided a brief summary of the issues raised in the staff report. In reference to the
matter of enforcement, she asked that the Committee provide further clarification of the concerns
in this regard. Mayor C. Zehr advised that his concern related to the size of election signs which
was previously raised and suggested that this should be added as an additional item to the list
contained in the staff report. He indicated that his intent would be that the by-law regulating
election signs be brought into conformity with common practice.
Councillor J. Haalboom questioned the status of the temporary by-law and Ms. J. Given advised
that the prohibition would still be in place until a full review was complete. Councillor J. Haalboom
then referred to the proliferation of signs and gave examples of situations involving over signing of
individual facilities and stated that she would like to see staff investigate the amount of signage
that one property was entitled to.
Councillor G. Lorentz commented that customers should provide business operators with feedback
of their views as to signage issues and that the City should not be creating additional regulations
which in effect over regulate situations. On the matter of subdivision entrance signs, Councillor
Lorentz expressed a concern as to the abandonment of entrance structures and signage
constructed by developers to highlight new subdivisions and lack of maintenance once
development was complete. He suggested a fund should be established to cover the ongoing
care of such entrance features in perpetuity. Ms. C. Ladd advised that staff were dealing with this
issue and commented that the City of Waterloo had a good process in place wherein the
subdivider was required to make a payment to ensure maintenance of these features.
Councillor B. Vrbanovic commented that he would rather see additional flexibility so as to allow for
the creation of acceptable permanent signs which could result in fewer mobile signs.
Councillor T. Galloway stated that he was concerned with the length of time that was being
proposed to deal with the home business sign issue and questioned if it could be accelerated. Ms.
J. Given advised the timing staff had proposed related to priorities and other work within the
department but that she could bring the home business sign issue forward for consideration by
April 2000.
Again, Councillor J. Haalboom expressed concern relative to the proliferation of signs and
requested that staff investigate policies for signage as they relate to signs placed around, on top of
and on the side of buildings.
The staff recommendation was then considered. On motion by Mayor C. Zehr, it was agreed to
revise the staff recommendation so as to provide that home business signs and election signs
be considered by April 2000.
5.BPS 99/157-DIRECTION TO REVIEW THE CITY’S SIGN BY-LAW (CONT’D)
On motion by Mayor C. Zehr -
It was resolved:
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
OCTOBER 18, 1999- 152 -CITY OF KITCHENER
“That a draft sign by-law for the Downtown be tabled by April, 2000; and further,
That recommendations on the following matters related to signs be presented to the
Planning and Economic Development Committee as follows:
a)by April 2000
i)home business signs
ii)election signs
b)by October 2000
i)mobile signs: shared use; proliferation; alternatives
ii) safety of roof signs
iii)options for enforcement
iv)subdivision entrance and directional signs.”
6.
ADJOURNMENT
On motion, the meeting adjourned at 5:50 p.m.
L.W. Neil, AMCT
Assistant City Clerk