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HomeMy WebLinkAboutPlng & Econ Dev - 2000-05-15PED\2000-05-15 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MAY 15~ 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: Councillors M. Yantzi, J. Ziegler, K. Taylor-Harrison, G. Lorentz, T. Galloway, J. Haalboom and John Smola. Councillor B. Vrbanovic entered the meeting after its commencement. Officials Present: Ms. C. Ladd, J. Given, L. MacDonald and Messrs. J. Gazzola, B. Stanley, G. Borovilos, D. Mansell, J. Shivas, J. Willmer, R. Morgan, J. Witmer, G. Richardson, J. McBride and L.W. Neil. 1. BPS-00-054 STRASBURG ROAD/SHOEMAKER STREET, HURON BUSINESS PARK OFFER TO PURCHASE - SITE 57 ORION RETAIL LIMITED AND CARNIVORE INC. FAIRVIEW WARD The Committee considered Business and Planning Services staff report BPS-00-054 dated May 1, 2000 dealing with an offer to purchase Site 57 at the corner of Strasburg Road and Shoemaker Street in phase one of the Huron Business Park. Mr. R. Morgan provided a brief explanation of the report, noting that the City Solicitor was in agreement with the transaction and advised that staff had nothing further to add. Councillor T. Galloway indicated that he supported the sale but questioned if the purchaser would be required to prepare a traffic study or if they would be responsible for intersection improvements. Mr. Morgan stated that he was not aware of any requirements in this regard and Mr. J. McBride advised that since he had not yet seen a Site Plan, he was not sure of traffic impact points and could not say what the City would require. However, he did state that once it was determined that if the proposal for the site would have an impact on local traffic, the City would be asking for improvements. Mr. Borovilos noted that the closing was scheduled for December 15, 2000 and that if there were any requirements such as those that had been raised, the purchaser would have a chance to determine how they would be affected. Councillor Galloway requested that staff ensure due diligence was undertaken with respect to development of these lands. No delegations were registered respecting this matter. On motion by Mayor C. Zehr - It was resolved: "That the City accept the Offer to Purchase from Orion Retail Ltd. and Carnivore Inc. for Site 57, Strasburg Road / Shoemaker Street in the Huron Business Park; being Parts 1, 2, 11, 13, 15, 16, 17 and 19 on Reference Plan 58R-5359, together with a right of way for a mutual drive over Parts 3, 10, 12 and 14 on Reference Plan 58R-5359 and subject to a right of way for a mutual drive over Parts 2, 11, 13, and 15 on Reference Plan 58R- 5359. The parcel of land has an approximate area of about 2.83 acres and is being sold at a purchase price of $130,000 per acre for a total purchase price of $367,900.00; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor." BPS-00-057 MCINTYRE DRIVE, HURON BUSINESS PARK REQUEST OF DR. JEAN STECKLE TO RE-ZONE SITE 132 SOUTH WARD The Committee considered Business and Planning Services staff report BPS-00-057 dated May 8, 2000 dealing with a request to rezone Site 132 situated on Mclntyre Drive in Huron Business Park. It is noted in the report that the City has received a request from Dr. Jean Steckle, of the J. Steckle Heritage Homestead, requesting that the City rezone Site 132 to non-industrial for the suggested use by the City for: community gardens, environmental recreation or parking. Staff recommend that the site remain zoned Industrial. BPS-00-057 MCINTYRE DRIVE, HURON BUSINESS PARK REQUEST OF DR. JEAN STECKLE TO RE-ZONE SITE 132 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MAY 15, 2000 - 78 - CITY OF KITCHENER SOUTH WARD (CONT'D) The Committee was circulated with a correspondence dated May 15, 2000 from Dr. Steckle requesting deferral of this matter in order for her to undertake discussion with Planning staff. On motion by Councillor John Smola- It was resolved: "That consideration of the request of Dr. Jean Steckle and staff report BPS-00-057 pertaining to Site 132, Mclntyre Drive in Huron Business Park, be deferred to allow Dr. Steckle an opportunity for comprehensive discussion of this matter with staff." BPS-00-058 5 MICHAEL STREET - REQUEST FOR TEMPORARY OCCUPANCY ZONE CHANGE APPLICATION ZC O01121MIJG - MUSIC PLUS ROCKWAY - VICTORIA WARD The Committee considered Business and Planning Services staff report BPS-00-058 dealing with a request for approval of temporary occupancy of a property known municipally as 5 Michael Street. It was noted in the report that staff had been working with the new owner of the property regarding re-use of the former Greb Industries building for a consortium of music related uses which were detailed in the report. Messrs. Manuel Martins, Gowling Strathy and Henderson, appeared as a delegation along with the owner, Mr. William Labron, to support the recommendation in the staff report and answer any questions. No other delegations were registered respecting this matter. On motion by Councillor M. Yantzi - It was resolved: "That enforcement of the City's Zoning By-law be waived with respect to the sale of music supplies at 5 Michael Street and temporary occupancy be approved subject to the use vacating the location in the event Zone Change Application ZC 00/12/M/JG is not approved; and further, That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of final disposition of this application." BPS-00-052 103-105 COURTLAND AVENUE EAST MUNICIPAL PLAN AMENDMENT APPLICATION MP O01011CIBH ZONE CHANGE APPLICATION ZC O01011CIBH BUTT, QURESHI & KANDA ROCKWAY-VICTORIA WARD The Committee was advised that the Department of Business and Planning Services was in receipt of applications for Municipal Plan Amendment and Zone Change submitted by Butt, Qureshi & Kanda with respect to the property known municipally as 103-105 Courtland Avenue East. It was noted in the staff report that the proposed Municipal Plan Amendment would redesignate the subject property from Convenience Commercial to Low Density Commercial Residential in the Mill Courtland - Woodside Park Neighbourhood Secondary Plan. Further, the proposed zone change would rezone the subject property from Convenience Commercial Zone (C-1) to Commercial Residential One Zone (CR-1) with a special regulation provision 336R. These amendments would then legalize the existing triplex located on the subject property which is 728.54 sq. m. in size and located near the corner of Courtland Avenue East and Peter Street. In this regard, the Committee considered staff report BPS-00-052 dated May 8, 2000 and a proposed bylaw dated April 20, 2000 attached to the report. Also attached to the report was BPS-00-052 103-105 COURTLAND AVENUE EAST MUNICIPAL PLAN AMENDMENT APPLICATION MP O01011ClBH PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MAY 15, 2000 - 79 - CITY OF KITCHENER ZONE CHANGE APPLICATION ZC 00/01/C/BH BUTT, QURESHI & KANDA ROCKWAY-VICTORIA WARD (CONT'D) the proposed Amendment to the Municipal Plan. Councillor C. Weylie, Chair, read the following statement: "This is a Public Meeting under 'The Planning Act, 1996' to consider Municipal Plan Amendment Application O0/01/C/BH. 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 May 23, 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." Ms. C. Ladd provided a brief explanation of the report and advised that staff had nothing further to add. Mr. Basharat Butt appeared as a delegation representing the owners to advise that they were in agreement with the recommendations in the staff report. No other delegations were registered respecting this matter. On motion by Councillor M. Yantzi - It was resolved: "1) That Council approve Municipal Plan Amendment Application MP 00/01/C/BH (Butt, Qureshi and Kanda - 103-105 Courtland Avenue East), being an amendment to: a) Amend Map 12, by changing the designation, from Convenience Commercial to Low Density Commercial Residential, on lands municipally known as 103- 105 Courtland Avenue East. It is the opinion of this Committee that approval of this application is proper planning for the City. 2) BPS-00-052 That Zone Change Application ZC 00/01/C/BH (103-105 Courtland Avenue East - Butt, Qureshi and Kanda) requesting a change in zoning from Convenience Commercial Zone (C-1) to Commercial Residential One Zone (CR-1) with special regulation provision 336R, on lands legally described as Lot 3, Registered Plan 419, be approved in the form shown in the attached "Proposed By-law", dated April 20, 2000, subject to the following conditions: 103-105 COURTLAND AVENUE EAST MUNICIPAL PLAN AMENDMENT APPLICATION MP O01011CIBH ZONE CHANGE APPLICATION ZC O01011CIBH PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MAY 15, 2000 = BPS-00-046 & MEMO - 80 - CITY OF KITCHENER BUTT, QURESHI & KANDA ROCKWAY-VICTORIA WARD (CONT'D) That all tax and utility accounts related to the subject property be paid in full prior to Council giving three readings of the zone change by-law. The owner acknowledges that Condition 1 is to be satisfied no later than seven months after Council having approved by resolution Zone Change ZC 00/01/C/BH. In the event this resolution is not fulfilled within the seven month period, Council shall consider rescinding the 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 a recommended Amendment (Butt, Qureshi and Kanda - 103-105 Courtland Avenue East) to the City's Municipal Plan." ZONE CHANGE APPLICATION ZC O01201TCIJW CITY INITIATED CITY WIDE CHANGES TO REGULATE DRIVE-THROUGH FACILITIES VARIOUS WARDS = The Committee was advised that the Department of Business and Planning Services has initiated a City-wide zone change application to: - establish regulations for drive-through facilities which would require compliance with MOEE noise standards - define an area of the City within which drive-through facilities would not be permitted as part of a restaurant or convenience retail outlet - revise the regulations of the CR-4 zone to reduce maximum front yard requirements, and to reduce minimum floor space ratio requirements to provide additional opportunities for drive- through facilities In this regard, the Committee considered staff report BPS-00-046 dated April 25, 2000 and a proposed by-law dated April 25, 2000 attached to the report. Also attached to the staff report was a 'Design Brief' for drive-through facilities, the purpose of which is to give clear direction for site design of new drive-through restaurants. With its agenda the Committee received a memorandum dated May 11, 2000 from Messrs. J. Willmer and G. Richadson with a revised 'Design Brief'. The revisions are indicated either in bold as new text or struck across for text to be deleted. These revisions represent relatively minor changes and clarification as requested by representatives of the industry. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Councillor B. Vrbanovic entered the meeting at this point. Mr. J. Willmer provided a detailed overview of the contents of the staff report. He noted that approximately one year ago City Council had given direction to staff to review the operation of drive-through facilities as a result of occurrences of existing drive-through facilities operating in such manner as to cause vehicular stacking beyond the business property and onto municipal rights-of-way, thus impeding traffic flow. He pointed out that at the same time staff had received two initial applications for drive-through operations in the downtown area which became an issue of concern. Mr. Willmer advised that staff undertook a consultation process over a seven month period to solicit input respecting drive-through facilities. The results of the consultation were outlined in the staff report as to residents concerns, industry concerns, and comments from the Environmental Committee, the Chamber of Commerce, the Economic Development Advisory Committee, the Downtown Action Committee and the Kitchener Downtown Business BPS-00-046 ZONE CHANGE APPLICATION ZC 00/20/TC/JW & CITY INITIATED MEMO CITY WIDE CHANGES TO REGULATE DRIVE-THROUGH FACILITIES VARIOUS WARDS (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MAY 15, 2000 - 81 - CITY OF KITCHENER Association. Mr. Willmer referred to the revised 'Design Brief' and also pointed out that a revised proposed by-law dated May 15, 2000 was being distributed that provides for exemptions to the noise study requirement. Mr. Willmer commented that the three main issues within the staff report were noise regulations, the 'Design Brief', and the proposed prohibition of drive-through facilities in the downtown area, each of which he then reviewed. On the matter of noise regulations, Mr. Willmer noted that previously there was concern but there now appears to be general consensus. He then commented on the question of what was determined to be sensitive land uses and the purpose of the by-law in respect to noise requirements. He then dealt with the revised Design Brief which following approval would be inserted into the Urban Design Standards Manual. He pointed out that the Manual was utilized to provide flexibility, which would not be so with a by-law approach to the drive-through issue. Mr. Willmer indicated the industry was in general consensus except possibly on the vehicular stacking issue. Mr. Willmer then commented on the proposed prohibition of drive-throughs within the downtown except the Warehouse District and other areas near the downtown and displayed mapping in this regard. He pointed out that no consensus was reached with the industry on where or where not drive-throughs should be permitted. He then provided detailed remarks on the appropriateness of the prohibition based on Urban Design considerations, not only on King Street but on side streets and the former ring round as well. The Committee then posed numerous questions which were responded to by Ms. C. Ladd and Messrs. B. Stanley, J. Willmer and G. Richardson. The discussion dealt with the following issues: the origin of the drive-through facilities as a suburban issue, light migration, noise attenuation measures, headlight shielding, distance separation from residential uses, concern over requests for drive-throughs in the downtown, necessity to undertake an expanded study of drive-through facilities, concern over the clarity of the design guidelines, and site design to lessen the dominance of asphalt in favour of additional landscaping. Mr. Willmer noted that all of the text changes introduced by staff this date have been provided to representatives of the industry. He then itemized changes to Map No. 2 and No. 3 attached to the proposed zoning by-law referencing special use provision 283U and noted that a few properties adjacent to the Tim Hortons on King Street West had inadvertently been omitted. Mr. Thomas A. Richardson, Sullivan Mahoney, Barristers and Solicitors, and Mr. Victor Labreche, Planning and Engineering Initiatives, appeared as a delegation representing an Adhoc Committee of the Restaurant Industry with regard to the proposed city wide changes to regulate drive-through facilities. A document prepared jointly by the delegates was distributed with the Committee's agenda. The document provides exhibits in support of their submission this date on behalf of: the TDL Group Limited (Tim Hortons), Wendy's Restaurants, Country Style Donuts, McDonalds Restaurants, Ontario Restaurant Association, Twin Corp. Inc. (Pizza Hut, KFC, Taco Bell) with respect to the regulation and prohibition of drive-through facilities. Mr. Richardson advised that representatives of these company's as well as others were in attendance and indicated some may wish to address the Committee. He referenced a letter dated May 12, 2000 from Mr. B. Strassburger on behalf of Twincorp Inc. that was distributed this date. He acknowledged the participation of industry representatives in developing the Design Brief and advised that the revisions attached to the staff memo were agreed upon by the industry. He asked that the Committee accept the revised Design Brief on the understanding staff are prepared to further review the vehicular stacking issue. Mr. Richardson advised that their sole concern was the proposed ban of drive-throughs within portions of the City. He noted that there is no such ban anywhere in the Province and asked that the Committee not approve the prohibition. Mr. Richardson then provided an extensive presentation referencing Tabs 1 and 2 of their submission dealing with chronology and authorization for staff to bring the current proposals forward for consideration and the discriminatory approach by use that staff have taken with regard to the drive-through issue in applying a proposed ban only to convenience stores BPS-00-046 ZONE CHANGE APPLICATION ZC 00/20/TC/JW & CITY INITIATED MEMO CITY WIDE CHANGES TO REGULATE DRIVE-THROUGH FACILITIES VARIOUS WARDS (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MAY 15, 2000 - 82 - CITY OF KITCHENER and restaurants. Mr. V. Labreche presented detailed remarks referencing the following sections from their submission: - Tab 3 - provincial policy statements by questioning the policies cited by staff - Tab 4 - the Revised Design Brief and an additional statement proposed by Mr. Labreche relative to the section on site access - Tab 5 - coloured photographs were distributed depicting an example of a King Street site development with a drive-through restaurant, permitted and in compliance with current regulations. He noted that this represented a site plan exercise and that a blanket prohibition would not allow this type of use - Tab 6 - example of a Duke Street site development with a drive-through restaurant permitted and in compliance with current regulations Mr. Labreche indicated that staff have advised there is a specific Design Brief coming for the downtown. He also acknowledged that the industry accepted the staff position with respect to treatment of floor space ratio (FSR). He noted that staff is undertaking a 5 year review of the Municipal Plan and suggested now was the time to encourage a minimum FSR in the downtown. Mr. Richardson then referred to Tab 7 of their submission and the industry's revised by-law with removal of the prohibition. He also referred to Tab 8, a revised recommendation in which the industry agrees to restriction of vehicular access onto King Street. In summation, he asked that Council approve the industry's revised by-law and revised recommendations. The Committee posed numerous questions which were responded to by Messrs. Richardson and Labreche. The questions related to the Design Brief being the subject of further work, the origins of the prohibition proposal, other municipalities with examples of restaurant drive-through facilities in the downtown, the absence of drive-throughs in Kitchener's downtown and the industry's concern that a ban would represent the thin 'edge of the wedge' that would retard a growing industry, the industry's willingness to work with staff on access restrictions in addition to downtown streets, inability of residents to have neighbourhood complaints dealt with by convenience food franchisees, the Design Guidelines speaking to the issue of architectural controls, designing drive- throughs so as to enhance the historic nature of certain neighbourhoods, recommended length of distance separation requirements, a firm position by staff on the 13 vehicle stacking requirement with some flexibility on how it is provided, the far greater number of opportunities to provide these uses outside of the downtown, the level of involvement of Economic Development staff in the current proposal, and the issue of approaching the City's Downtown goals through regulations rather than by prohibition. Mr. B. Stanley commented on the philosophy of a ban versus a regulatory approach. In response to Mayor C. Zehr, he suggested dealing with the proposed by-law excluding the prohibition on the understanding that staff continue to work with the industry on restrictions for drive-throughs within the downtown and adjacent roads, and regulations might be developed that would be a win / win outcome for the City and the industry. Councillor J. Ziegler supported this approach and indicated he was prepared to put forward a motion in this regard. Mr. J. Willmer confirmed that there were no serious drive-through proposals for the downtown at this time. For the record, the Committee was also in receipt of correspondence dated May 11, 2000 from ZMG Management Inc. and May 12, 2000 from the Chamber of Commerce of Kitchener and Waterloo. Mayor C. Zehr cautioned that the industry representatives should be aware that the likelihood of passing a by-law with a prohibition was high if there was no resolution of the downtown regulation issue. BPS-O0-046 & MEMO ZONE CHANGE APPLICATION ZC O01201TCIJW CITY INITIATED CITY WIDE CHANGES TO REGULATE DRIVE-THROUGH FACILITIES VARIOUS WARDS (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MAY 15, 2000 - 83 - CITY OF KITCHENER A recorded vote was requested on Councillor J. Ziegler's motion. On motion by Councillor J. Ziegler - It was resolved: "1) That Zone Change Application ZC 00/20/TC/JW (City-wide - City-initiated), to establish regulations for drive-through facilities which would require compliance with MOEE noise standards, to require a noise study for drive-through facilities within 60 metres of a Residential or Institutional Zone, to make revisions to the regulations of the CR-4 Zone regarding minimum floor space ratio and maximum yards abutting King Street; and to add a requirement for a visual barrier in the C-1 zone, be approved in the form shown in the attached "Proposed By-law", dated April 25, 2000, as revised May 15, 2000, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City. 2) That the revised 'Design Brief for Drive-Through Facilities', attached to the May 11, 2000 memorandum from J. Willmer and G. Richardson, be approved by City Council and incorporated into the City's Urban Design Manual to provide clear guidance for the physical development of drive-through facilities, and further, that Section 4.1 of the Urban Design Guidelines, entitled "Drive Through Facilities", be deleted as it is being replaced by the new Design Brief. 3) That as an alternative to a ban on drive-through facilities in the downtown, staff be directed to work with representatives of the convenience food industry with a view to determining if a balanced approach to the issue of drive-through facilities in the downtown could be addressed by regulations." In favour: Mayor C. Zehr and Councillors J. Ziegler, John Smola, B. Vrbanovic, T. Galloway, G. Lorentz and C. Weylie Contra: Councillors K. Taylor- Harrison, M. Yantzi and J. Haalboom. 6. ADJOURNMENT On motion, the meeting adjourned at 7:00 p.m. L.W. Neil, AMCT Assistant City Clerk