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HomeMy WebLinkAboutPlng & Econ Dev - 2000-03-27PED\2000-03-27 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 27r 2000 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:50 p.m. under Councillor C. Weylie, Chair with the following members present: Mayor C. Zehr and Councillors K. Taylor- Harrison, M. Yantzi, John Smola, Jake Smola, J. Haalboom, J. Ziegler, T. Galloway and G. Lorentz. Officials Present: Ms. C. Ladd, Ms. L. MacDonald, Ms. J. Billett and Messrs. J. Gazzola, G. Melanson, G. Borovilos, Z. Janecki, T. Boutilier, D. Mansell, G. Richardson, P. Wetherup and J. Witmer. 1. BPS 00~26 3065 KING STREET EAST ZONE CHANGE APPLICATION ZC 99/27/K/BH SMALL FRY SNACK FOODS LIMITED - CHICOPEE WARD The Committee was advised that the Department of Business and Planning Services was in receipt of an application from Small Fry Snack Foods Limited to change the zoning of lands known municipally as 3065 King Street East. The purpose of the application is to add a special regulation to the subject lands to allow freestanding offices in the Service Industrial Zone (M-3). The affected property is 4.05 hectares in size and located near the intersection of King Street East and Fairway Road with a 41.3 metre frontage on King Street. In this regard the Committee considered staff report BPS 00/26 dated February 28, 2000 and a proposed by-law dated February 29, 2000 attached to the report. It was also pointed out in the report that an application has been filed to sever a 2.32 hectare parcel from the property for the future development of an office building. Further, it was explained in the report that the lands are designated General Industrial in the Municipal Plan which does not permit freestanding offices; however, due to the proximity of the property to Highway #8 and Fairway Road the subject property has the benefit of suburban office policies of the Municipal Plan. These policies permit freestanding office use in suburban areas that abut or are near major interchanges of the provincial highway system and accordingly the property conforms to the Municipal Plan Policies regarding suburban office locations and the proposed zoning implementing a freestanding office use on this site is appropriate. 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 summarizing the department comments relative to this application as contained within the staff report. She asked that the recommendation in the staff report be revised so as to indicate that approval was being recommended 'without conditions'. Ms. Diana Biuk, Green Scheels Pidgeon Planning Consultants, appeared as a delegation on behalf of the applicant to support the recommendation contained in the staff report. No other delegations were registered with respect to this matter. The recommendation in the staff report was then dealt with and revised as requested by Ms. C. Ladd. On motion by Councillor G. Lorentz - It was resolved: "That Zone Change Application ZC 99/27/K/BH (3065 King Street East - Small Fry Snack Foods Limited) requesting a change in zoning to add special regulation 321R to the current Service Industrial Zone (M-3) with special provision 112U on lands legally described as Part of Lots 31 and 33, Municipal Compiled Plan 986, be approved in the form shown in the attached "Proposed By-law", dated February 29, 2000, 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 00~26 3065 KING STREET EAST ZONE CHANGE APPLICATION ZC 99/27/K/BH PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 27, 2000 - 55 - CITY OF KITCHENER SMALL FRY SNACK FOODS LIMITED - CHICOPEE WARD (CONT'D) Councillor J. Ziegler advised that he had been contacted by Mr. B. Reinhart who had not received notice with respect to this application. Councillor Ziegler pointed out that Mr. Reinhart has indicated he is not objecting to the application; however, wishes to be kept informed. Ms. Ladd advised that she also had been contacted by Mr. Reinhart and noted that as his property lies outside the circulation area stipulated by the Planning Act, notice was not provided to him. She stated that she would undertake to ensure he received any further notice respecting this matter. BPS 99/197 155 BRECKENRIDGE DRIVE ZONE CHANGE APPLICATION ZC 991121BIZJ 1368308 ONTARIO INC. - GRAND RIVER WARD The Committee was advised that the Department of Business and Planning Services was in receipt of an application from 1368308 Ontario Inc., to change the zoning with respect to property known municipally as 155 Breckenridge Drive. The purpose of the zone change is to rezone the lands from Residential Six Zone (R-6) to Convenience Commercial Zone (C-1) with special use provision 271U to permit the conversion of the former Kitchener-Wilmot Hydro Commission sub- station to a personal service use. The subject property is an 809.3 square metre (8,712 square foot) lot located at the northwest corner of Breckenridge Drive and Ottawa Street North and is designated Low Rise Residential in the City's Municipal Plan. The personal service use that the applicant proposes involves relocation of an existing hairdressing and aesthetics business from the Stanley Park Mall. In this regard the Committee considered Business and Planning Services staff report BPS 99/197 dated March 2, 2000 and a proposed by-law dated December 23, 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 and advised that staff had nothing further to add. Mr. M. Toyroyntzas appeared as a delegation on behalf of the applicant to support the recommendation contained in the staff report. No other delegations were registered respecting this matter. The recommendation in the staff report was then dealt with. On motion by Councillor M. Yantzi - It was resolved: "That Zone Change Application ZC 99/12/BIZJ (155 Breckenridge Drive - 1368308 Ontario Inc.) requesting a change in zoning from Residential Six Zone (R-6) to Convenience Commercial Zone (C-1) with special use provision 271U on lands legally described as Part of Lot 31, Registered Plan 1307, and more specifically described as Part 1, 58R-2288 in the City of Kitchener, be approved, in the form shown in the attached "Proposed By-law", dated December 23, 1999, subject to the following conditions being satisfied prior to any readings of the By-law by Council: a) That a Record of Site Condition be filed with and acknowledged by the Ministry of the Environment and Energy and filed with the Regional Municipality of Waterloo. b) 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 991121BIZJ. In the event this resolution is not fulfilled within the seven months period, Council shall consider rescinding its zone change approval. BPS 99/197 155 BRECKENRIDGE DRIVE ZONE CHANGE APPLICATION ZC 991121BIZJ 1368308 ONTARIO INC. - GRAND RIVER WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 27, 2000 - 56 - CITY OF KITCHENER 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 00/37 COMMERCIAL POLICY REVIEW STUDY IMPLEMENTATION STRATEGY The Committee was in receipt of Business and Planning Services staff report BPS 00/37 dated March 10, 2000 dealing with implementation strategy with respect to the Commercial Policy Review Study. It was noted in the report that on November 1, 1999, City Council adopted the Commercial Policy Review Study, completed by Royal LePage Strategic Advisory Services and The Planning Partnership. The staff report summarizes the implications of the study resulting from the abandonment of the traditional hierarchial approach to commercial planning and the introduction of a flexible and more permissive approach based on a defined system of nodes and corridors. In addition to this, the study proposes a more positive approach to achieving new commercial floor space being introduced. Accordingly, the report points out that implementation of the recommended approach will require a full rewrite of the existing Municipal Plan Policies and will also entail further review of the City's Service Commercial areas and transit corridors. To date, background work necessary to understand the current state and distribution of commercial uses throughout the City has been completed and information compiled related to nodes and transit corridors to serve as a basis for discussions related to implementation. Members of a working group formed to help develop the new policy framework were itemized in the report and it was pointed out that the first meeting would be held on March 28, 2000 at which time the group would be introduced to the project and the issues and a more detailed implementation strategy developed together with a project schedule. Further updates on the progress of this undertaking will be provided to the Committee as the implementation work proceeds. Ms. C. Ladd provided an overview of the staff report and advised that staff had nothing further to add. On motion by Councillor G. Lorentz - It was resolved: "That staff report BPS 00/37 (Commercial Policy Review Study - Implementation Strategy) be received for information." Councillor Jake Smola left the meeting at this time. BPS 00/19 BILL 163 - TREE CUTTING LEGISLATION RELATING TO WOODLOTS The Committee was in receipt of a report dated February 7, 2000 from Mr. T. Boutilier, Senior Planner, respecting legislation under Bill 163 which provides the municipality with an opportunity to enact a by-law to regulate cutting of trees. Mr. T. Boutilier advised that the legislation has been reviewed and, with respect to tree cutting on private lands, Council decided not to enact a regulatory by-law in favour of taking a more pro- active approach through tree planting programs to assist in renewing urban forests. Mr. Boutilier referred to the launching of Trees for our Future Program in 1999. With respect to woodlots, Mr. Boutilier advised that Regional staff have recently passed a new Tree By-law which regulates measures for cutting of woodlots and, accordingly, staff are recommending the City rely on the provisions of the Regional Tree By-law and not pursue development of a similar by-law and procedures. BPS 00/19 (CONT'D) BILL 163 - TREE CUTTING LEGISLATION RELATING TO WOODLOTS Mr. T. Boutilier also advised that Mr. C. Gosselin, Manager of Environmental Planning, Region of PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 27, 2000 - 57 - CITY OF KITCHENER Waterloo, was in attendance to answer any questions with regard to the Regional Tree By-law. Councillor J. Ziegler inquired if it would be appropriate, given the lesser amount and size of woodlots in the municipality, to develop a municipal by-law that would mirror that of the Regional Tree By-law, with the exception of a reduction in the minimum size requirement of 2 acres for cutting of woodlots to perhaps 1 or ¼ an acre. Mr. C. Gosselin advised that under the Regional Tree By-law, urban woodlots less than 2 acres in size would not be protected. He further pointed out that urban woodlots spread over several properties, with each property containing less than 2 acres, may not be protected unless it can be proven in Court that the individual woodlots are part and parcel of a larger woodlot. Mr. Gosselin suggested that there is flexibility for the municipality under the Municipal Act to enact a by-law; however, it would be at the discretion of the municipality to determine the minimum size requirement. In response to questioning, Mr. T. Boutilier responded that in consideration of a municipal by-law, staff would need to take into account what purpose it would serve in relation to the Regional Tree By-law and the City's cost to provide administrative and enforcement functions. Mr. Boutilier suggested that the City already has alternative measures in place to deal with urban woodlots through its subdivision and site planning processes. Given the limited number of woodlots within the City, Mr. Boutilier further suggested that there would be very few instances for abuse of tree cutting; however, he indicated that staff could investigate further the option of a municipal by-law. Councillor C. Weylie questioned what protection the City has with respect to severance applications and Ms. C. Ladd advised that staff have the same authority to impose controls as that of subdivision planning, such as tree management plans, relative to severances. Mr. T. Boutilier advised that Mr. Gosselin has suggested that the City could request the Region to amend the Regional Tree By-law to lower the minimum size requirement. Councillor J. Ziegler agreed with this approach and stated he would be prepared to move a recommendation requesting the Region to amend its Tree By-law to lower the minimum size requirement for tree cutting on woodlots within Kitchener from 2 acres to ¼ an acre. Councillor C. Weylie questioned the impact of such an amendment and Mr. Gosselin responded that if the minimum size requirement is reduced, the number of applications received will likely increase, each of which must undergo site inspection. Mr. Gosselin advised that the Region is attempting to enforce the current by-law with existing staff and any reduction in the minimum size requirement may have impact on enforcement and administrative functions. Councillor M. Yantzi requested clarification with respect to the proposed amendment and questioned if it would apply only to Kitchener or Region-wide. Mr. Gosselin responded that he believed such an amendment would apply Region-wide. Following further discussion and on motion by Councillor J. Ziegler - It was resolved: "That Kitchener City Council rely upon the provisions of the "Regional Tree By-law" for the protection of woodlands within the City and not proceed to develop a similar by-law and procedures, as provided for by Section 223.3 of the Municipal Act, for the Destruction or Injury of Trees; and further, That the Regional Municipality of Waterloo be requested to consider amending the Regional Tree By-law to reduce the minimum size requirement for tree cutting, burning, or other means of destruction, in woodlots from 2 acres to ¼ an acre." 5. BPS 00/20 BILL 163 - LEGISLATION RELATING TO SITE ALTERATIONS The Committee was in receipt of a report dated February 26, 2000 from Mr. T. Boutilier, Senior Planner, respecting legislation under Bill 163 which allows the municipality to regulate site alterations, including the placing or dumping of fill and altering the grade of land. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 27, 2000 - 58 - CITY OF KITCHENER Mr. T. Boutilier advised that in reviewing the legislation, staff had considered four scenarios, including: site alterations prior to approval of plans of subdivision; during the home building process; by the homeowner; and, remediation of former gas station sites and potentially contaminated sites. Staff determined that sufficient controls and protective measures already exist with respect to the first three areas of concern and, subsequently, he advised that staff concentrated their efforts on former gas station sites and potentially contaminated sites. In concluding their review, he advised that staff determined that pursuing regulatory measures for vacant gas station sites under Bill 163 would not be appropriate as it is clearly the intent of the Province to place responsibility for site remediation with the private sector. He further stated that the City would require additional resources to facilitate any additional administrative/operational functions required and there is concern that the City would be assuming a level of additional responsibility and liability for all future results of the remediation process. Mr. Boutilier further pointed out that staff obtained input from a municipality of comparable size that has implemented a Site Alteration By-law and who has indicated that there was no added value to their municipality in adopting such a process. Accordingly, Mr. Boutilier advised that staff are recommending that Council not pursue any further methods of regulatory mechanisms to control site alterations under Bill 163. Councillor T. Galloway raised concern with respect to final grading certificates not being obtained by the developer at the conclusion of building. He pointed out that in most cases, the home purchaser is unaware that a final grading certificate was required until they undertake resale of their property. As a result, additional costs to the homeowner may occur. He questioned if Bill 163 provides an opportunity to put better controls in place. Mr. J. Witmer responded that tighter controls with respect to grading have already been implemented, pointing out that certificates are now required to be obtained by the developer within six months of building completion. He stated that it is the responsibility of the developer to ensure a final grading certificate is obtained and, where this has not occurred, the City has been successful in judgements against the developer for associated costs. Councillor T. Galloway inquired if the legislation would permit a deposit to be obtained in conjunction with the required six month deadline for grading certificate issuance. Mr. Witmer responded that this could be accomplished by enactment of a by-law without need of the legislation; however, he questioned the need to enact such a by-law given that problems associated with grading within the City are minimal. In response to further questioning, Mr. J. Witmer advised that the Building Division is working with an electronic system, known as the Amanda System, which has the ability to track and bring forward applications subject to the six month deadline for follow-up by staff. In addition, he advised that staff are pursuing owner occupied properties in new developments as a priority in an effort to alleviate concerns raised. Mr. Witmer further pointed out that the legal profession has also become more aware of this requirement as they too have had to absorb associated costs because of undertakings given on the basis that all requirements had been met when, in fact, the grading certificate was outstanding. Mr. Witmer stated that staff will continue to pursue this issue in a pro-active manner. Councillor J. Haalboom referred to the issue of potentially contaminated sites and questioned if the City should be taking precautions under this legislation with respect to liability of public property. Mr. T. Boutilier advised that the Province has placed responsibility for the remediation process in the hands of the private sector and provided a brief explanation of remedial measures previously undertaken by the Ministry of the Environment. In the case of contamination on private property believed to be coming from publicly owned property, the contamination and its source would firstly have to be identified. Further, if publicly owned lands are suspected to be the source of contamination, litigation may result and if proven, the City may be held liable. BPS 00~20 BILL 163 - LEGISLATION RELATING TO SITE ALTERATIONS (CONT'D) Councillor J. Haalboom inquired what the City could do now to protect against possible future litigation and Ms. L. MacDonald responded that the Ministry of Environment still has the ability to issue Orders under the Environmental Protection Act and require clean-up within certain PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 27, 2000 - 59 - CITY OF KITCHENER guidelines; however, their efforts are currently focused on properties which present a major source of concern. She pointed out that the municipality has no jurisdiction to take on the responsibility of the remediation process and are under no immediate obligation with respect to publicly owned lands. Councillor J. Haalboom expressed a desire for staff to undertake further study with regard to her concerns and Councillor John Smola agreed, pointing out that other methods of ensuring clean- up of potentially contaminated vacant gas station sites should be looked at, including acquisition of such lands through tax sale proceedings. Ms. C. Ladd advised that staff are currently working on a report respecting brownfield sites. She pointed out that this review takes into consideration Phase 2 of the Adaptive Reuse Program, together with incorporation of incentives for inclusion within Community Improvement Plans that will encourage clean-up of such sites. Ms. Ladd further advised that it is anticipated to have this report completed for review by years-end. Councillor J. Haalboom requested that as part of this review, staff contact the appropriate Provincial office to make inquiries into the Super Build Fund, which may provide a source of financial incentive with regard to redevelopment of brownfield sites. The Committee then considered a memorandum dated March 23, 2000, from Ms. J. Billett, Committee Administrator, in which it was advised that the Environmental Committee endorses the recommendation as contained in staff report BPS 2000/20 subject to the following revision: "That staff be directed to investigate the possibility of approaching the Provincial Government to request reinstatement of Ministry of Environment involvement in the remediation process for former gas station sites and/or contaminated sites, with a report to be brought back to a future meeting of the Environmental Committee." On motion by Councillor G. Lorentz - It was resolved: "That City Council rely upon its current regulatory mechanisms to control the site alterations and not pursue any further methods pursuant to opportunities presented by Bill 163; and further, That staff be directed to investigate the possibility of approaching the Provincial Government to request reinstatement of Ministry of Environment involvement in the remediation process for former gas station sites and/or contaminated sites, with a report to be brought back to a future meeting of the Environmental Committee." WATERLOO CATHOLIC DISTRICT SCHOOL BOARD PROPOSAL - ST. MARY'S HIGH SCHOOL Councillor M. Yantzi advised that several delegations were in attendance this date to raise concerns with regard to a proposal by the Waterloo Catholic District School Board to close, renovate or move St. Mary's High School. Mr. M. Sully appeared as a delegation and advised that he represented residents and a number of businesses within the Downtown area who are concerned that St. Mary's High School may be closed and the speed at which such decision is to be made. He pointed out that the School Board would be holding an evening meeting this date for presentation of the proposal. Subsequently, he advised the School Board would conduct their regular meeting on April 3, 2000 at which time they will hear delegations and make a decision. He noted that Downtown residents are a united community who wish to maintain and improve upon the viability of the Downtown area as a place to live and raise their families. In this regard, the presence of a WATERLOO CATHOLIC DISTRICT SCHOOL BOARD PROPOSAL - ST. MARY'S HIGH SCHOOL (CONT'D) school is felt to be vital and Mr. Sully referred to potential impacts if the school were closed, including loss of families in the Downtown area, loss of business for area merchants, and changes in busing patterns that may result in lost revenues. Mr. Sully advised that the School Board is concerned with funding and the fact that there appears to be more financial incentive to build a PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 27, 2000 - 60 - CITY OF KITCHENER new school as opposed to rehabilitating existing schools. Mr. Sully pointed out that the School Board is contemplating a new location for a high school in the area of Homer Watson Boulevard. He stated that a new high school in this area would also have impact as additional infrastructure needs along Homer Watson Boulevard, Block Line Road and Fairway Road would be required. He further stated that loss of St. Mary's High School would serve to destabilize the Downtown area. In conclusion, Mr. Sully urged the Committee to request the School Board to delay making a decision to allow for an opportunity to further discuss issues of concern. Councillor C. Weylie referred to the School Board meetings and Mr. Sully advised that the meeting this date would be a presentation of the proposal by a Sub-committee of the School Board and would be held at the School Board Office on Moore Street. Mr. Sully further advised that the regular meeting of the School Board on April 3, 2000 would be at 6:00 pm in the same location, at which time the public would be allowed to address the Board and a decision would be made. Councillor C. Weylie questioned if staff would be attending the Sub-Committee meeting of the School Board this date and Mr. G. Borovilos advised that in view of the delegation's presentation, he would attend the meeting. Mayor C. Zehr advised that he understood part of the proposal suggests that continuing education programs be moved to St. Jerome's campus in conjunction with efforts to establish a University campus affiliated with St. Jerome's. In this regard, he questioned if the delegation was concerned with retaining the existing high school population or had concerns with a differing type of student population. Mr. Sully responded that adult education programs do not promote families living in the Downtown and residents of the Downtown area would be more comfortable with the high school. He stated that without the high school families will not consider living in the Downtown area and the continuation of funding for high school programs is considered to be greater than that for adult education programs. He further pointed out that the Principal of St. Jerome's is very much against the moving of the high school. Mayor C. Zehr pointed out that the Principal of St. Jerome's is also promoting a University affiliation and Mr. Sully responded that was correct; however, the Principal has stated his belief that there is opportunity to maintain St. Mary's High School and intends to make presentation to the School Board in this regard. Mr. Sully further pointed out that it is not so much an issue of enrollment as it is maintaining a family community in the Downtown area. Councillor M. Yantzi inquired if any discussions had taken place between staff and the School Board with respect to re-development of St. Mary's High School and Mr. Borovilos responded that no discussions have taken place to date; however, he intends to pursue discussions with the School Board. Mr. H. Pottkamper appeared as a delegation and advised that he has had considerable experience through the Adaptive Re-Use Committee in creatively re-developing brownfield sites. He stated that he would like to see promotion of a sense of family community for the Downtown and felt removing the high school would create a negative perception for prospective families in considering relocation to the Downtown area. He agreed with the potential impacts to busing patterns and encouraged the Committee to request the School Board to delay making a decision respecting St. Mary's High School to allow for investigation of all the alternatives. Councillor T. Galloway advised that as a former member of the Waterloo Region District School Board, he had understood that St. Mary's High School was to be retained; however, on a smaller scale. He stated that it may be possible the student population is not sufficient to sustain the school at its present level and funding likely plays an important part of the decision making as it appears to favour new schools. Councillor Galloway questioned if there may be opportunity for WATERLOO CATHOLIC DISTRICT SCHOOL BOARD PROPOSAL - ST. MARY'S HIGH SCHOOL (CONT'D) the Downtown Development Team to put together a proposal for a Regional facility that would provide visually technical programs such as the arts and film production. He pointed out that St, Jerome's had unsuccessfully applied for funding under the Super Build Program and was looking for opportunities to expand their space. Councillor M. Yantzi advised that he would like the School Board to undertake thorough PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 27, 2000 -61 - CITY OF KITCHENER discussion of the proposal and proposed a motion that the School Board be requested to consult with City staff to create an on-going Downtown high school presence. He stated that he was also concerned with continuation of adult education programs but did not wish to see more school closings. Mayor C. Zehr stated that the School Board is faced with mitigating factors such as funding, multiple ownership of the lands, poor condition of St. Mary's High School and the prospect of a new site considered to be better in terms of size. He pointed out that the School Board is a separately elected body and the Committee can only really express its concerns for consideration by the School Board. He noted that this has been done in the past, citing Victoria and Sacred Heart Schools as examples. Mayor C. Zehr suggested that Mr. G. Borovilos attend the Sub-committee meeting this date and relay the Committee's concerns and members of Council could also individually contact the School Board throughout the coming week. Discussion was undertaken with respect to Council representation at the School Board's April 3rd meeting and due to a Council meeting the same date it was determined this would not be possible. Councillor M. Yantzi suggested that in view of the imminence of the School Board's decision, his proposed motion also specifically include a request that the School Board delay making its decision to allow for exploration of all options in consultation with City staff. Mayor C. Zehr expressed concern with making such a request to a separately elected body; however, agreed that it may be the only alternative. On motion by Councillor M. Yantzi - It was resolved: "That with respect to the proposed closing, renovating, or moving of St. Mary's High School, the Waterloo Catholic District School Board be requested to delay their decision to allow for exploration of all options and, in consultation with City staff, develop alternatives for an on- going high school presence in the Downtown area." BPS 00~02 MUNICIPAL PLAN AMENDMENT APPLICATION MP O01021TCIGR ZONE CHANGE APPLICATION ZC O01031TCIGR CITY-INITIATED LOCATION CRITERIA FOR ADULT SEX FILM THEATRES The Committee considered Municipal Plan Amendment and Zone Change Applications dealing with the location criteria for adult sex film theatres. The applications propose to amend the Municipal Plan and Zoning By-law in order to restrict such film theatres to areas of the City designated for Heavy Industrial and zoned Heavy Industrial (M-4). These theatres would be subject to a minimum distance separation requirement of 300 metres from residential, daycare facility, educational establishment and religious institutions, as well as from one another to be set out in the Zoning By-law. In this regard the Committee considered staff report BPS 00/02 dated March 10, 2000 and a proposed by-law dated March 9, 2000 attached to the report. The staff report summarizes the background related to this issue which arose in 1998 and details Council direction and staff review of this matter. Also attached to the report was the Municipal Plan Amendment 'City Initiated -Adult Sex Film Theatres' report. BPS 00~02 MUNICIPAL PLAN AMENDMENT APPLICATION MP O01021TCIGR ZONE CHANGE APPLICATION ZC O01031TCIGR CITY-INITIATED LOCATION CRITERIA FOR ADULT SEX FILM THEATRES (CONT'D) Councillor C. Weylie, Chair, read the following statement: "This is a Public Meeting under 'The Planning Act, Amendment Application O0/02/TC/GR. 1996' to consider Municipal Plan PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 27, 2000 - 62 - CITY OF KITCHENER Section 17 (45) of the Planning Act allows the Ontario Municipal Board to dismiss all or part of an appeal without holding a hearing if the appellant did not make oral submissions at a public meeting or did not make written submissions to the council before the plan was adopted and, in the opinion of the Board, the appellant does not provide a reasonable explanation for having failed to make a submission. In order to ensure the record includes all the names of those individuals who are making verbal submissions today for this Municipal Plan Amendment, please ensure that you clearly identify yourself before you begin your submissions and the Clerk will record your name for the record. If your name does not appear on the record, you may jeopardize any further involvement you wish to have in these matters. Any recommendation made by Planning Committee on these matters today will be considered by City Council on April 3, 2000. If City Council adopts the amendments, they will proceed to the Regional Municipality of Waterloo who has the final approval authority for Municipal Plan Amendments. They are also the body to whom appeals are sent. Further information on these procedures is available from the City's Department of Business and Planning Services or the Region's Department of Planning and Culture." Mr. G. Richardson provided a brief explanation of the applications and advised that staff are proposing to revise the recommendation by adding a new Condition No. 4, which states as follows: That staff be directed to review the City's Sign By-law as it relates to signage for adult sex film theatres and report back to Council on the need for any amendments to the by-law for said theatres." No delegations were registered respecting this matter. Councillor J. Haalboom pointed out that the Family & Children's Services and Waterloo Region District School Board buildings are located on Ardelt Avenue, in the area of Hanson Avenue, and questioned if it was possible for an adult sex film theatre to locate across from either building. Mr. G. Richardson responded that was a possibility as Council had directed that it would be suitable for such theatres to be located in heavy industrial areas. He pointed out that the School Board building is classified as office space and is located within a heavy industrial area. Councillor Haalboom expressed concern that students and children processed through both facilities may be confronted with the presence of an adult sex film theatre. Ms. C. Ladd pointed out that the Committee could direct staff to amend the proposed by-law prior to it being considered by Council and suggested that the Committee may even wish to re-consider the entire issue of M-4 zoning. Councillor T. Galloway questioned if the theatres would be required to maintain a distance of 300 metres from the two facilities referred to by Councillor J. Haalboom and Mr. Richardson advised that the distance separation was not intended to include office use. Councillor Galloway agreed that it would not be appropriate to locate an adult sex film theatre next to either facility and suggested that a special definition may be required. In addition, he questioned if the Knights of Columbus could be considered under the religious component of the by-law, requiring a separation distance. Ms. C. Ladd responded that in the interest of clarity the by-law should be amended to specifically include the three facilities. BPS 00~02 MUNICIPAL PLAN AMENDMENT APPLICATION MP O01021TClGR ZONE CHANGE APPLICATION ZC O01031TClGR CITY-INITIATED LOCATION CRITERIA FOR ADULT SEX FILM THEATRES (CONT'D) Councillor C. Weylie inquired if staff had received any comments from the public and Ms. Ladd responded they had not. Mayor C. Zehr advised that he was in agreement with amending the by-law to specifically include the Family & Children's Services and the Waterloo Region District School Board properties; however, did not agree with including the Knights of Columbus as this was more of a social facility. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 27, 2000 - 63 - CITY OF KITCHENER The recommendations in the staff report were then considered. On motion by Councillor G. Lorentz - It was resolved: That Council approve Municipal Plan Amendment Application MP 00/02/TC/GR (City-initiated - Adult Sex Film Theatres), being an amendment to: a) amend Part 3, Section 5.2 by including subsection 5. as follows: Adult Sex Film Theatres shall be permitted within Heavy Industrial areas provided they are separated from any property on which a residential use, day care facility, educational establishment, religious institution, or other uses as set out in the Zoning By-law, is located by a minimum distance of 300 metres. In addition, adult sex film theatres shall be separated a minimum of 300 metres from any lands zoned for residential uses in accordance with the Zoning By-law. In order to prevent an undue concentration of adult sex film theatres in any Heavy Industrial designation, adult sex film theatres shall be separated a minimum distance of 300 metres from another property containing an adult sex film theatre." It is the opinion of this Committee that approval of this Amendment to the City's Municipal Plan is proper planning for the City. That Zone Change Application ZC 00/03/TC/GR (Adult Sex Film Theatres - City Initiated) proposing a change to the Heavy Industrial Zone (M-4) to permit adult sex film theatres subject to regulations governing location and separation requirements, be approved in the form shown in the attached "Proposed By-law" dated March 9, 2000, 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 a recommended Amendment (City-Initiated - Adult Sex Film Theatres) to the City's Municipal Plan. That Chapter 593 (Theatre - Adult Sex Film) of the Municipal Code be amended to stipulate that adult sex film theatres only be permitted in Heavy Industrial Zone (M-4) subject to minimum separation requirements from specific uses and zones as set out in the Zoning By-law, and that the Legal Department be directed to prepare the necessary amendments to Chapter 593 for Council approval. That staff be directed to review the City's Sign By-law as it relates to signage for Adult Sex Film Theatres and report back to Council on the need for any amendments to the by-law for said theatres." 8. UNIFINSHED BUSINESS Councillor T. Galloway referred to the Municipal Plan Amendment and Zone Change Applications by Max Becker Enterprises Limited and Voisin Developments Limited, proposed for foodstore uses, and questioned when these matters were to be scheduled for the Committee's consideration. Ms. C. Ladd responded that staff are in the process of preparing reports and it is intended the applications of both organizations be considered at the same time. She noted that subject to the required advertising for notice of a public meeting in consideration of the applications, she expected the reports to be forwarded for consideration within the next 2 months. 9. ADJOURNMENT PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 27, 2000 - 64 - On motion, the meeting adjourned at 5:15 p.m. CITY OF KITCHENER Janet Billett, AMCT Committee Administrator