HomeMy WebLinkAboutPlng & Econ Dev - 1999-12-06PED\1999-12-06
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
DECEMBER 6, 1999CITY OF KITCHENER
The Planning and Economic Development Committee met this date commencing at 3:35 p.m. under
Councillor C. Weylie, Chair with the following members present: Mayor C. Zehr and Councillors Jake
Smola, K. Taylor-Harrison, B. Vrbanovic, J. Haalboom and John Smola. Councillors G. Lorentz, J.
Ziegler and M. Yantzi entered the meeting after its commencement.
Officials present: Ms. C. Ladd, J. Given, P. Bacon and Messrs. J. Gazolla, B. Stanley, J. Shivas, D.
Manuel, P. Whetherup, G. Borovilos, L. Masseo, J. Witmer, W. Sleeth, B. Page and L. W. Neil.
1.BPS 99/170-491 HIGHLAND ROAD WEST
-ZONE CHANGE APPLICATION ZC 99/9/H/ZJ
- D.G.F. MANAGEMENT LIMITED - FOREST WARD
The Committee was advised that the Department of Business and Planning Services was in
receipt of an application from D.G.F. Management Limited to change the zoning of lands known
municipally as 491 Highland Road West. The proposed zone change would change the zoning
from Service Station Zone (C-7) to Neighbourhood Shopping Centre Zone (C-2) with a special use
regulation and a holding provision. The purpose of the zone change is to permit an 861 square
metre plaza. The special regulation provision would permit a rear yard of 1.5 metres and the
holding provision would prohibit the development of new uses until such time as an environmental
audit is completed. In this regard, the Committee considered staff report BPS 99/170 dated
November 9, 1999 and a proposed by-law dated November 4, 1999 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 provided a brief explanation of the application and the Department comments as
outlined in more detail in the staff report.
Mr. Dean Feltham appeared as a delegation and advised that he was in support of the
recommendation in the staff report.
No other delegations were registered respecting this matter.
On motion by Councillor B. Vrbanovic -
It was resolved:
“That Zone Change Application ZC 99/9/H/ZJ ( 491 Highland Road West - D.G.F.
Management Limited) requesting a change in zoning from Service Station Zone (C-7) and
Neighbourhood Shopping Centre (C-2) with special regulation provision 43R to
Neighbourhood Shopping Centre Zone (C-2) with special regulation provision 318R and
holding provision 38H on lands legally described as Part of Lot 20, Registered Plan 1004,
in the City of Kitchener, be approved, in the form shown in the attached “Proposed By-law”,
dated November 4, 1999, unconditionally.
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.”
2.BPS 99/190-MCINTYRE DRIVE, HURON BUSINESS PARK, PHASE ll
-OFFER TO PURCHASE - SITE 95
-UDVARI INVESTMENTS AND CONSTRUCTION INC.- SOUTH WARD
The Committee was in receipt of Business and Planning Services staff report BPS 99/190 dealing
with an offer to purchase that has been received from Udvari Investments and Construction Inc. for
Site 95 in Phase ll of the Huron Business Park. It was noted in the report that this parcel of land
had just been reintroduced to the City’s inventory of available land as a result of repurchase from
KSK Framing.
Mr. G. Borovilos provided a brief explanation of this matter and advised that he had nothing further
to add to the staff report.
2.BPS 99/190-MCINTYRE DRIVE, HURON BUSINESS PARK, PHASE ll
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
DECEMBER 6, 1999- 176 -CITY OF KITCHENER
-OFFER TO PURCHASE - SITE 95
-UDVARI INVESTMENTS AND CONSTRUCTION INC.- SOUTH WARD
(CONT’D)
No delegations were registered regarding this matter.
On motion by Councillor J. Haalboom -
It was resolved:
“That the City accept an Offer to Purchase from Udvari Investments and Construction Inc.
for Site 95 in Phase ll of Huron Business Park being Part 30, Reference Plan 58R-5668
being approximately 1.33 acres at a purchase price calculated at $75,000.00 per acre for a
total purchase price of $99,750; and further,
That the Mayor and Clerk are hereby authorized to execute any necessary documentation
as required by the City Solicitor.”
3.BPS 99/186- SITE 138 - WASHBURN DRIVE, HURON BUSINESS PARK
- CITY REPURCHASE FROM 762422 ONTARIO LIMITED
-(J P ENVIRONMENTAL)- SOUTH WARD
The Committee considered Business and Planning Services staff report BPS 99/186 concerning
the repurchase of Site 138 in Huron Business Park from 762422 Ontario Limited. It was noted in
the report, that on February 16, 1998 Council had approved the sale of Site 138 with the condition
that the City had the right to repurchase the site if construction of a building had not commenced
by June 4, 1999. Since October 19, 1999 staff have discussed the matter with the purchaser and
are now recommending that the City repurchase the site at 95% of the original purchase price.
Mr. G. Borovilos provided a brief explanation of the report and advised that staff had nothing
further to add. Mayor C. Zehr commented that the situation was similar to that dealt with in BPS
99/190 and Mr. G. Borovilos confirmed that there was significant interest in the site.
No delegations were registered respecting this matter.
On motion by Councillor John Smola -
It was resolved:
“That the City accept an Offer to Sell Site 138 in Phase III of Huron Business Park, being
Part of Lot 12, Registrar’s Compiled Plan 1471 and designated as Part 1, Plan 58R-10731,
from 762422 Ontario Limited for the sum of $113,000.00; and further,
That the Mayor and Clerk be authorized to execute any documents required by the City
Solicitor.”
4.BPS 99/181-SITE 152 - WASHBURN DRIVE, HURON BUSINESS PARK
-CITY REPURCHASE FROM MCNANEY HOLDINGS - SOUTH WARD
The Committee considered Business and Planning Services staff report BPS 99/181 dealing with
a recommendation to purchase Site 152 in Huron Business Park from Mr. Stephen McNaney. It
was noted in the report that on February 2, 1998 Council had approved that sale of Site 152 with a
condition giving the City the right to repurchase the site if construction of the building had not
commenced by April 16, 1999. On October 19, 1999 Economic Development staff corresponded
with Mr. McNaney and following discussions recommend the City repurchase the property at 95%
of the original purchase price.
Mr. G. Borovilos provided a brief explanation of the report and advised that he had nothing further
to add.
No delegations were registered respecting this matter.
4.BPS 99/181-SITE 152 - WASHBURN DRIVE, HURON BUSINESS PARK
-CITY REPURCHASE FROM MCNANEY HOLDINGS -SOUTH WARD
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
DECEMBER 6, 1999- 177 -CITY OF KITCHENER
(CONT’D)
On motion by Mayor C. Zehr -
It was resolved:
“That the City accept an Offer to Sell, for Site 152 in Phase III of Huron Business Park, being
Part of Lot 12, Registrar’s Compiled Plan 1471 and designated as Part 4, Plan 58R-9683,
from Mr. Stephen McNaney for the sum of $87,638.00; and further,
That the Mayor and Clerk be authorized to execute any documents required by the City
Solicitor.”
5.BPS 99/185-72 VICTORIA STREET SOUTH
-ZONE CHANGE APPLICATION ZC 99/14/V/JG
-WATERLOO WAREHOUSE EQUITIES (VICTORIA) LTD.
-ROCKWAY - VICTORIA WARD
The Committee was advised that the Department of Business and Planning Services was in
receipt of an application from Waterloo Warehouse Equities (Victoria) Limited to change the
zoning of lands know municipally as 72 Victoria Street South. The purpose of the proposed
zoning change is to increase the proportion of floor area which may be used for offices at 72
Victoria Street South from 25% to 100%. The change would add both a special regulation
provision and a holding provision to the property while it would remain zoned General Industrial
(M-2). The special regulation would allow 100% office use and the holding provision would control
the timing of the full occupancy of the building for office relative to the planned road improvements
to Victoria Street South in the vicinity of the property. The holding provision would limit the
occupancy to 50% office until such time as the road improvements are complete to the satisfaction
of the Regional Municipality of Waterloo.
In this regard, the Committee considered Business and Planning Services staff report BPS 99/185
dated November 18, 1999 and a proposed by-law dated November 17, 1999 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 provided a brief explanation of the application and advised that staff had nothing
further to add. Mayor C. Zehr commented that he understood that there was a concern relative to
the scheduled road improvements and that 50% would limit the marketing of the office space. Ms.
C. Ladd advised that the holding provision limiting occupancy to 50% had been fully discussed
with the applicant. Councillor J. Haalboom commented that it was her view the proposed use was
an excellent example of adaptive re-use of such older buildings.
No delegations were registered respecting this matter.
On motion by Mayor C. Zehr -
It was resolved:
“That Zone Change Application ZC 99/14/V/JG [72 Victoria Street South - Waterloo
Warehouse Equities (Victoria) Ltd.] to add a special regulation provision 314R and holding
provision 39 to lands zoned General Industrial (M-2) legally described as Lots A to H
Registered Plan 421, Lot 34, and Part Lots 35 and 41 Registered Plan 420, Part of Lot 25,
Streets and Lanes, be approved in the form shown in the attached “Proposed By-law”,
dated November 17, 1999, 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.”
6.BPS 99/171-127 WATER STREET NORTH
-ZONE CHANGE APPLICATION ZC 99/18/W/LM
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
DECEMBER 6, 1999- 178 -CITY OF KITCHENER
-HELEN KAY / JAMES KAY - CENTRE WARD
The Committee was advised that the Department of Business and Planning Services was in
receipt of an application from Helen Kay and James Kay to change the zoning of lands known
municipally as 127 Water Street North. The purpose of the proposed zoning change is to add
retail as a permitted use; allow retail and personal services only within the existing building to a
maximum floor area of 160 square metres; provide for a maximum of two off-street parking spaces
for any combination of permitted uses except health office and health clinic; and to delete the
minimum landscaped area requirement. In this regard, the Committee considered Business and
Planning Services staff report BPS 99/171 dated 1999-11-08 and a proposed by-law dated
October 29, 1999 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 provided a brief explanation of the purpose of the application, pointed out that the
property has been vacant for some time and advised that staff had nothing further to add to the
report.
No delegations were registered respecting this matter.
On motion by Councillor K. Taylor-Harrison -
It was resolved:
“That Zone Change Application ZC 99/18/W/LM (127 Water Street North – Helen Kay /
James Kay) requesting a change in zoning to add Special Use Provision 272U to the
existing Commercial-Residential Three Zone (CR-3) on lands legally described as Part of
Lot 9, Plan 401 in the City of Kitchener, be approved, in the form shown in the attached
“Proposed By-law”, dated October 29, 1999, 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 G. Lorentz entered the meeting at this point.
7.BPS 99/187- DELEGATION OF APPROVAL AUTHORITY RE:
-PLANS OF SUBDIVISION AND PLANS OF CONDOMINIUM - STAGE 2
The Committee was in receipt of Business and Planning Services staff report BPS 99/187 dated
November 25, 1999. The report deals with Stage 2 of the Delegation of Approval Authority for
Plans of Subdivision and Plans of Condominium. It was noted in the report that on April 29, 1996,
Council passed a resolution supporting Delegation of Approval Authority from the Region to the
City and that this delegation was to occur in 2 or 3 stages.
Ms. C. Ladd provided a brief explanation of the report and advised that staff had nothing further to
add.
On motion by Councillor J. Haalboom -
It was resolved:
“That City Council advise the Regional Municipality of Waterloo and the Minister of
Municipal Affairs and Housing that it supports the further delegation of approval authority
from the Region to the City of Kitchener for Plans of Subdivision and Plans of Condominium
received prior to March 25, 1995.”
Councillor J. Ziegler entered the meeting at this point.
8.BPS 99/179-384 QUEEN STREET SOUTH
-ZONE CHANGE APPLICATION ZC 99/24/Q/PB
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
DECEMBER 6, 1999- 179 -CITY OF KITCHENER
-CATHOLIC FAMILY COUNSELLING CENTRE
-ROCKWAY - VICTORIA WARD
The Committee was advised that the Department of Business and Planning Services was in
receipt of a re-zoning application from the Catholic Family Counselling Centre regarding the
property known municipally as 384 Queen Street South. The purpose of the application is to re-
zone the subject property to add a special use provision to the Existing Use Zone (E-1) to allow
parking in association with an office proposed to be developed on a portion of the site to be zoned
CR-2. In this regard, the Committee considered Business and Planning Services staff report BPS
99/179 dated November 12, 1999 and a proposed by-law dated November 8, 1999 attached to the
report. It was noted in the report that subject lands are located within both the Victoria Park
Neighbourhood Secondary Plan and the Heritage Conservation District Plan and that the
proposed zone change related only to the portion of the land which is zoned E-1. The change
would add a Special Use Provision to allow the development of an at grade off-street parking area
to be used in association with the development of a proposed office use on the portion of the
property zoned CR-2.
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 provided a brief explanation of the application and distributed a revised proposed by-
law dated November 12, 1999. She indicated that the wording within the by-law had been slightly
revised at it related to the parking issue.
Mayor C. Zehr inquired as to the parking issue and Ms. C. Ladd explained the restrictions as being
solely related to the floodway issue.
Mr. B. Jackson, an area resident, appeared as a delegation in regards to the application. He
advised that his property was also located in the floodplain and that it was his understanding he
could not apply to change anything with respect to his property. Accordingly, he was questioning
why the subject property application was being considered. Ms. C. Ladd advised that the portion
of the property to be developed is not in the E-1 zone.
Councillor M. Yantzi entered the meeting at this point.
Following further questions from Mr. Jackson, Ms C. Ladd explained that the existing use on the
subject lands allows for a certain amount of expansion. She then commented on the section of the
staff report and briefly explained Council’s approved policy that permits one free zone change for
each property affected under the E-1 zone.
At the request of Councillor C. Weylie, Ms. C. Ladd agreed to meet with Mr. Jackson following the
meeting to clarify concerns that he had with respect to the zoning of his property and what it
allowed him to do with the property.
Mr. Robert J. Dyck, Architect and Engineer Inc. appeared as a delegation on behalf of the
applicant to express support for the staff recommendation and the revised proposed by-law
distributed this date. He provided the Committee with an illustration of site plan changes for the
subject lands. Mr. Dyck asked that the Committee approve the application and refer its
recommendation and three readings of the related zoning by-law to a Special Council meeting this
date for consideration of final approvals.
No other delegations were registered respecting this matter.
The recommendation in the staff report was then considered, as well as the request for
consideration of a revised proposed by-law.
8.BPS 99/179-384 QUEEN STREET SOUTH
-ZONE CHANGE APPLICATION ZC 99/24/Q/PB
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
DECEMBER 6, 1999- 180 -CITY OF KITCHENER
-CATHOLIC FAMILY COUNSELLING CENTRE
-ROCKWAY - VICTORIA WARD (CONT’D)
On motion by Councillor B. Vrbanovic -
It was resolved:
“That Zone Change Application ZC 99/24/Q/PB (384 Queen Street South - Catholic Family
Counselling Centre), to add special use provision 274U on lands zoned Existing Use Zone
(E-1) and legally described as German Company Tract, Subdivision of Lot 17, Lots 171 and
172 and Part Lots 169 and 170 and Plan 58, Part Lot 11, be approved in the form shown in
the attached “Proposed By-law”, dated November 12, 1999, 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.”
By general consent, the Committee agreed to refer its recommendation and the related zoning by-
law for 384 Queen Street South to the Special Council meeting to be held immediately following
this meeting.
9.BPS 99/188-ADDENDUM TO BPS 99/153
BPS 99/153-STAGING OF DEVELOPMENT REPORT, 2000 - POST 2001
The Committee was in receipt of Business and Planning Services staff report BPS 99/153 and an
Addendum Report BPS 99/188 dated 1999-11-24 pertaining to the Staging of Development
Report, 2000-Post 2001. It was noted in the report that it sets out the Department’s expectation
with respect to the granting of draft plan approval to various plans in the years 2000, 2001 and
post 2001. It was also noted that the report identifies that the current level of supply for lots within
registered and draft approved plans is approximately 5-6 years, which although it exceeds the
minimum 3 year supply required by the City’s Municipal Plan is not considered excessive.
Mr. L. Masseo presented a summary of the 2 reports and commented that of the total of 14 plans
that have prioritized to receive draft approval in the year 2000, only 7 were in fact new plans as the
remaining 7 plans had been carried over from 1999. Mr. Masseo advised that staff had prepared a
draft staging report which was circulated in October 1999 and that subsequent to the circulation,
all requests with the exception of 2 had been agreed to by the Department and incorporated into
the report. Mr. Masseo identified these requests as follows: for Parcel #72 there was a need to
complete the portion of the EA for the Fairway Road extension and he noted that staff could easily
move the parcel to the year 2001 timeframe next year if warranted and for Parcel # 17 the
applicant had requested shifting the priority from post 2001 to potential 2000. However, he
pointed out that an application has not been received nor had there been any pre-submission
meetings and it was unrealistic to recommend a plan approval for the year 2000.
Councillor J. Haalboom raised questions with regard to Parcel #35 (Hearthwood Caryndale
Development ) and Parcel # 45 Monarch Construction (Tilt and Oregon Drives). Mr. D. Mansell
referred the Committee to page 21 of report BPS 99/153 and comments respecting the Doon
Village Road diversion and provided further comment as to timing, engineering and financing
issues. He indicated that staff would be closely monitoring aspects relating to these subdivisions.
No delegations were registered respecting this matter.
On motion by Councillor G. Lorentz -
It was resolved:
“That the 2000-Post 2001 Staging of Development Report, staff report BPS 99/153, be
approved.”
10.BPS 99/174-URBAN DESIGN MANUAL, DECEMBER 1999
The Committee was in receipt of Business and Planning Services staff report BPS 99/174 dated
November 16, 1999 dealing with the City’s Urban Design Manual dated December 1999 which
was attached to the staff report. It was noted in the report that the department in consultation with
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
DECEMBER 6, 1999- 181 -CITY OF KITCHENER
City departments, agencies and interest groups has now completed the manual and that the
purpose of BPS 99/174 was to provide relevant background information and an explanation of the
format and content of the document, and to discuss how it should be implemented. Ms. C. Ladd
pointed out that development of the document spanned a 5-year period.
Mr. B. Page appeared as a delegation to present the Urban Design Manual which was designed to
foster high quality of urban design in the municipality. He noted that Messrs. Glen Scheels and
Don Schmidt had assisted staff in this regard. Mr. Page explained how the matter first started with
a visioning exercise and that after the first draft was prepared in March 1997, 18 presentations had
been made after which several more drafts were completed. He named the groups who had
provided the most feedback in respect to the development of the document.
Mr. Wetherup assisted by Mr. Glen Richardson then jointly provided an overhead PowerPoint
presentation of sections of the Urban Design Manual.
Various Committee members raised a number of questions relating to details in the Urban Design
Manual to which Ms. C. Ladd and Messrs. B. Page, G. Richardson and D. Mansell responded.
These concerns dealt with such matters as implementation, signage, Environmental Committee
consideration, lot frontage width and stormwater management.
Mr. Dave Lamka, A to Z Signs Limited, appeared as a delegation to present a submission dated
December 6, 1999 which he distributed. Mr. Lamka expressed concerns that the mandatory
landscape requirements for portable signs would hurt local businesses as well as businesses in
the sign industry. In concluding his presentation, Mr. Lamka suggested an alternative optional
approach with regard to the sign pad, sign locations and permits issue. He requested that in
cases where a landowner fails to install portable sign pads, that the City issue sign locations and
permits on the basis of 1 for every 50 metres as is in the current by-law for older strip malls. He
also pointed out that the design of the landscape pad would not work for the sign industry or the
City and asked that the drawings in section C of the document be changed so that the sign could
be removed from the front or the back.
Councillor J. Ziegler raised questions to which Mr. B. Page advised that the means of identifying
the pad could be done by alternative methods and not just by using shrubbery. Councillor Ziegler
also referred to the question of whether the City could tolerate access to the sign pad from the
right-of-way when cars are blocking access from the parking lot side and situations where
landowners could not install landscape pads. Following discussion, Councillor Ziegler suggested
that sign pads be made mandatory for new developments. Councillor Jake Smola commented that
he would like to set a date to discuss some of the issues raised by Councillor Ziegler at a future
meeting. He indicated that he supported City-wide regulations that had the intent to reduce the
number of portable signs and he would like to consider design standards in more detail.
Councillor J. Ziegler requested Mr. J. Shivas provide an opinion as to the City’s ability to restrict
advertising on public property.
On motion by Councillor John Smola -
It was resolved:
“That with regard to the City of Kitchener ‘Urban Design Manual’ dated December 1999:
1)That Council approve Part A (Urban Design Guidelines) and Part B (Urban Design
Briefs), as contained in the attached Urban Design Manual dated December, 1999.
2)That Council receive Part C (Urban Design Standards and Policies), and Part D
(Appendix) as contained in the attached Urban Design Manual for information only.
10.BPS 99/174-URBAN DESIGN MANUAL, DECEMBER 1999 (CONT’D)
3)That Council approve the revised Council Policy I-652, “Emergency Access and
Multiple Unit Identification” for incorporation into the Urban Design Manual as
section DS-B-4 of Part C (Urban Design Standards and Policies).”
11.ADJOURNMENT
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
DECEMBER 6, 1999- 182 -CITY OF KITCHENER
On motion, the meeting adjourned at 5:15 p.m.
L.W. Neil, AMCT
Assistant City Clerk