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HomeMy WebLinkAboutPlng & Econ Dev - 2001-01-22PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 22, 2001CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 4:03 p.m. under Councillor C. Weylie, Chair, with the following members present: Councillors J. Ziegler, J. Smola, G. Lorentz, B. Vrbanovic and M. Galloway. Mayor C. Zehr entered the meeting after its commencement. Officials Present: Ms. C. Ladd, J. Given, P. Bacon, K. Bissell, L. MacDonald, A. Menon, C. Heal, D. Cook and K. Kaufman and Messrs. B. Stanley, G. Borovilos, D. Mansell, R. Morgan, P. Wetherup, L. Masseo and L. W. Neil. 1.BPS-01-005-STRASBURG ROAD, HURON BUSINESS PARK -OFFER TO PURCHASE – SITE 74 -TECHNICAL ELECTRIC SUPPLY CO. LTD. - FAIRVIEW – GATEWAY WARD The Committee was in receipt of Business and Planning Services staff report BPS-01-005 dated January 3, 2001 dealing with an offer to purchase submitted by Technical Electrical Supply Co. Ltd. for Site 74 located on the easterly side of Strasburg Road in the Huron Business Park. Mr. R. Morgan provided an explanation of the details of the offer and referred to the negotiation that took place concerning the cost for pre-construction site work. Mr. Grant Hagerty, Whitney and Company, appeared as a delegation on behalf of the purchaser to indicate support of the recommendation outlined in the staff report. No other delegations were registered respecting this matter. On motion by Councillor J. Ziegler - it was resolved: That the City accept the Offer to Purchase from Technical Electric Supply Co. Ltd. In Trust “ for a company to be incorporated, for Part 4 of Reference Plan 58R-5310. The parcel of land has an approximate area of 1.97 acres (.79 ha). The purchaser has offered $116,000 for the parcel or approximately $58,800 per acre; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor.” 2.BPS-00-133 - FISCHER-HALLMAN ROAD AND OTTAWA STREET SOUTH - MUNICIPAL PLAN AMENDMENT APPLICATION MPA 00/07/F/LM - REVISION TO LAURENTIAN WEST COMMUNITY PLAN -ZONE CHANGE APPLICATION ZC 00/29/F/LM -VOISIN DEVELOPMENTS LIMITED - SOUTH WARD The Committee was advised that the Department Business and Planning Services was in receipt of applications for Municipal Plan Amendment and Zone Change from Voisin Developments Limited respecting lands located near the intersection of Ottawa Street South and Fischer-Hallman Road, adjacent to the Fischer-Hallman Road interchange with Highway #7/8. The lands have a combined area of approximately 21 hectares and are presently designated Service Commercial, Low-Rise Residential and Open Space in the City’s Municipal Plan. Concurrently, revision to the Laurentian West Community Plan is requested. “The purpose of the Municipal Amendment, Community Plan Revision and Zone Change applications is to designate the entire Voisin Developments Limited landholding located at the northwest intersection of Fischer-Hallman Road and Ottawa Street South as Service Commercial, with the full range of service commercial land uses. Specifically, the proposed Municipal Plan Amendment application would change the designation on portions of the subject lands from Low Rise Residential and Open Space to Service Commercial. The proposed Zone Change application would change the zoning on a portion of the site from Community Institutional Zone (I- 2) to Service Commercial Zone (C-6) and would also re-introduce a number of service commercial uses that are currently prohibited. The intended development of the subject land is for a broad range of commercial uses.” PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 22, 2001- 5 -CITY OF KITCHENER 2.BPS-00-133 - FISCHER-HALLMAN ROAD AND OTTAWA STREET SOUTH - MUNICIPAL PLAN AMENDMENT APPLICATION MPA 00/07/F/LM - REVISION TO LAURENTIAN WEST COMMUNITY PLAN -ZONE CHANGE APPLICATION ZC 00/29/F/LM -VOISIN DEVELOPMENTS LIMITED - SOUTH WARD (CONT’D) In this regard, the Committee considered staff report BPS-00-133 dated December 20, 2000 and a proposed by-law dated December 21, 2000 attached to the report. Also attached to the staff report was the proposed Amendment to the Municipal Plan. Councillor C. Weylie, Chair, read the following statement: “This is a Public Meeting under to consider Municipal Plan 'The Planning Act, 1996' Amendment Application 00/07/F/LM 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 . If City Council adopts the amendments, January 29, 2001 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, Housing and Community Services.” Mr. L. Masseo explained that purpose of the applications. He requested a minor change to clause 5 of the proposed by-law so as to insert 152 metres in place of 250 metres in subsection 84. Mr. Paul Dietrich appeared as a delegation on behalf of the applicant and indicated that Messrs. Frank Voisin, Greg Voisin and George Voisin were also in attendance, and were in support of the recommendation in the staff report as well as the revision to the by-law requested this date. He briefly remarked on other applications that were pending with respect to this site. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, appeared as a delegation on behalf of Max Becker Enterprises and indicated support of the Service Commercial designation and re- instatement of Service Commercial uses. No other delegations were registered respecting this matter. The recommendations in the staff report were then considered and it was agreed to revise the proposed by-law as requested. On motion by Councillor J. Ziegler - it was resolved: 1)That City Council approve Municipal Plan Amendment Application MPA 00/07/F/LM “ (Voisin Developments Limited – Service Commercial), being an 2. BPS-00-133 - FISCHER-HALLMAN ROAD AND OTTAWA STREET SOUTH PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 22, 2001- 6 -CITY OF KITCHENER - MUNICIPAL PLAN AMENDMENT APPLICATION MPA 00/07/F/LM - REVISION TO LAURENTIAN WEST COMMUNITY PLAN -ZONE CHANGE APPLICATION ZC 00/29/F/LM -VOISIN DEVELOPMENTS LIMITED - SOUTH WARD (CONT’D) Amendment to change the designation on portions of the Voisin Developments Ltd. site, located at the intersection of Fischer-Hallman Road and Ottawa Street, from Low Rise Residential and Open Space to Service Commercial. It is the opinion of this Committee that approval of this application is proper planning for the City. 2)That the Laurentian West Community Plan be amended by designating the portion of the Voisin Developments Limited lands bounded by Ottawa Street South, International Place and the Ontario Hydro corridor, as Service Commercial, instead of Convenience Commercial and Community Institutional, as shown on the attached Map A – Land Use, dated December 21, 2000. It is the opinion of this Committee that approval of this revision to the Community Plan is proper planning for the City. 3) That Zone Change Application ZC 00/29/F/LM (Fischer-Hallman Road and Ottawa Street South – Voisin Developments Limited) requesting a change in zoning to designate as Service Commercial Zone (C-6) with revised special use provision 98U, Service Commercial Zone (C-6) with revised special use provision 98U and revised special regulation provision 84R, Service Commercial Zone (C-6) with revised special use provision 108U and revised special regulation provision 84R, and Service Commercial Zone (C-6) with revised special use provision 176U, instead of Community Institutional Zone (I-2) with special use provision 176U, Service Commercial Zone (C-6) with special use provision 98U, Service Commercial Zone (C-6) with special use provision 108U and special regulation provision 84R, and Open Space Zone (P-2), the lands described as Part of Lot 46, German Company Tract, more specifically described as Part 6, Plan EX-331; Part of Lot 47, German Company Tract, more particularly described as designated as, Parts 2 and 9, Plan 58R-3076 and Parts 1, 2, 8, 9, 12 and 13 on Plan 58R-8216; and Blocks 39 and 41, Registered Plan 1758, for the City of Kitchener; be approved, in the form shown in the attached “Proposed By-law”, dated December 21, 2000, as revised January 22, 2001 to change the measurement in Clause 5. of the By-law from 250 metres to 152 metres, 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 (Voisin Developments Limited – Service Commercial) to the City’s Municipal Plan.” 3.BPS-01-002- 24 PINNACLE DRIVE -DEMOLITION CONTROL APPICATION DC 00/09/P/SV -GINA LUCIANTONIO AND RANDY MARTIN - FAIRVIEW – GATEWAY WARD The Committee considered Business and Planning Services staff report BPS-01-002 dated January 5, 2001 dealing with a Demolition Control Application submitted by Gina Luciantonio and Randy Martin with respect to property known municipally as 24 Pinnacle Drive. The subject lands are located on the east side of Pinnacle Drive between Amherst Drive and Old Mill Road and currently there are plans to redevelop these lands by erecting a new residential dwelling at an undetermined future date. It was noted in the staff report that the property was not designated under the Ontario Heritage Act and that there were no heritage concerns with the proposed demolition. Ms. C. Ladd advised that staff had nothing further to add to the report under consideration. 3.BPS-01-002- 24 PINNACLE DRIVE PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 22, 2001- 7 -CITY OF KITCHENER -DEMOLITION CONTROL APPICATION DC 00/09/P/SV -GINA LUCIANTONIO AND RANDY MARTIN - FAIRVIEW – GATEWAY WARD (CONT’D) No delegations were registered respecting this matter. On motion by Councillor J. Ziegler - it was resolved: “That Demolition Control Application DC 00/09/P/SV (Gina Luciantonio and Randy Martin), requesting approval for the demolition of the single detached dwelling located at 24 Pinnacle Drive, legally described as Plan 578 Lot 95, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City.” 4.BPS-00-167-163 – 165 VICTORIA STREET SOUTH -TEMORARY OCCUPANCY REQUEST RE ZC 00/33/V/BS -JOHN ORDIWAY - WEST – VICTORIA PARK WARD The Committee considered Business and Planning Services staff report BPS-00-167 dated December 7, 2000 dealing with a request for temporary occupancy submitted by John Ordiway with the respect to the property known municipally as 163-165 Victoria Street South. It was noted in the report that a zone change application has been initiated on the subject property to add a studio use to the current Convenience Commercial zone (C-1). Ms. C. Ladd explained the temporary occupancy request but noted that the applicant has already carried out some alterations to the building and not obtained a building permit. Mr. John Ordiway appeared as a delegation and advised that he was in agreement with the recommendation in the staff report. No other delegations were registered regarding this matter. On motion by Councillor J. Ziegler– it was resolved: That enforcement of the City’s Zoning By-law be waived with respect to the studio use at “ 163-165 Victoria Street South and temporary occupancy be approved subject to the use vacating the location in the event that the Zone Change to add the studio use to the C-1 Zone 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 the final disposition of this application.” 5.BPS-01-007-448 STIRLING AVENUE SOUTH -DEMOLITION CONTROL APPLICATION DC 00/10/S/SV -THE TRUSTEES OF ST. STEPHEN LUTHERAN CHURCH - FOREST – ROCKWAY WARD The Committee was in receipt of Business and Planning Services staff report BPS-01-007 dated January 12, 2001 dealing with a Demolition Control Application submitted the Trustees of St. Stephen Lutheran Church with the respect to the property known municipally as 448 Stirling Avenue South. The subject lands are located on the north side of Stirling Avenue South between Highland Road and Russell Street. It was noted in the report that the applicant 5.BPS-01-007-448 STIRLING AVENUE SOUTH PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 22, 2001- 8 -CITY OF KITCHENER -DEMOLITION CONTROL APPLICATION DC 00/10/S/SV -THE TRUSTEES OF ST. STEPHEN LUTHERAN CHURCH - FOREST – ROCKWAY WARD (CONT’D) proposes to demolish a single detached dwelling with attached garage and utilize the vacant land as a green space for the abutting property, St. Stephen Lutheran Church. Ms. C. Ladd advised the Committee that staff had recommended refusal of the application but noted that since the applicant has submitted new information relative to the property, staff were now requesting that consideration be deferred pending review of this new information submitted by the applicant. On motion by Councillor J. Smola– it was resolved: That consideration of Demolition Control Application DC 00/10/S/SV (448 Stirling Avenue “ South – The Trustees of St. Stephen Lutheran Church), be deferred to a future Planning , to allow staff to review new and Economic Development Committee meeting information submitted by the applicant.” 6.BPS-01-004-REVISIONS TO SIGN BY-LAW The Committee considered Business and Planning Services staff report BPS-01-004 dated January 15, 2001 dealing with proposed revisions to the City’s Sign By-law. The report contains discussion and recommendations on a number of outstanding sign issues including: home business signs, adult sex film theatre signs, ground signs, portable signs, roof signs, Sign By-law enforcement and discussion of a new sign type. A proposed by-law dated January 9, 2001 was attached to the report for consideration. It was noted in the staff report that public notice was given of the meeting this date to consider a change to the Sign By-law, as well as notice that Council would deal with a proposed by-law to amend the Sign By-law at its meeting to be held February 12, 2001, in accordance with the 14 day notice requirements of the Municipal Act. Ms. J. Given provided an overview of the proposed changes to the Sign By-law outlined in the staff report and referenced the request of Mr. John Weiss with regard to a new sign type, which is also discussed in the report. She emphasized that the staff report did not deal with sign issues related to the City’s downtown area. At this time Ms. Given circulated a revised proposed by-law dated January 18, 2001, which she indicated, dealt only with changes in numbering for cross reference purposes only. Councillor J. Ziegler advised that it had been his request that different businesses be allowed to advertise on each side of a mobile sign, but his point was that the advertising be permitted for 12 months rather than six and he commented that there was no advantage as to what staff was suggesting in the report. Accordingly through his suggestion, he was hoping that such an approach would reduce the number of mobile signs. He also indicated a concern with regard to signs with fluorescent lettering. Councillor C. Weylie was of the view that home business signs should be lighted and Ms. Given advised that the intent of staff was to prevent back lighting of such signs. Mr. John Weiss appeared as a delegation in support of his December 4, 2000 letter attached as Appendix ‘B’ to the staff report which describes a new type of sign which he calls an Ad-O-Matic. He indicated that he was in agreement with the recommendation in the staff report. Mr. Michael Gaudreau, Impact Mobile Signs, appeared as a delegation and advised that he was in support of most of the content in the staff report. However, he expressed concern with regard to the recommendation pertaining to introduction to a new type of sign, pointing out that it could result in a reduction of City revenues currently generated by the mobile sign category. He also suggested that the revenue generated by mobile sign regulations should be enough to permit the City to increase its enforcement activity relative to the Sign By-law. He made reference to 6.BPS-01-004-REVISIONS TO SIGN BY-LAW (CONT’D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 22, 2001- 9 -CITY OF KITCHENER the number of illegal signs on Victoria Street, questioned concerns over the issue of fluorescent letters and expressed concern with regard to a 72 square foot mobile sign, when the majority are in fact 50-60 square feet in area. He suggested that one way to address the proliferation problem of mobile signs was to consider reduction of mobile sign size. Mr. B. Stanley commented that staff at present, proactively enforce regulations pertaining to postering and mobile signs, while other sign forms at present are not proactively enforced. Councillor G. Lorentz referred to the remarks on the size of mobile signs made by Mr. Gaudreau and asked that the issue be addressed before Council deals with the matter. Mr. Paul Lawson, Lawson Mobile Signs, appeared as a delegation to express concern with the level of Sign By-law enforcement suggesting that the by-law was not being enforced to the extent it should be and that such enforcement should be done equally and fairly. He also made other remarks pertaining to rotating signs, permit fees, colours not being an issue and sidewalk signs. Mr. Peter Bufe appeared as a delegation to comment on the matter of home business signs and asked that no changes be made to the current by-law on the basis that the fewer the signs in a residential neighbourhood, the better. Ms. J. Given clarified that since 1994 no signs have been permitted for home businesses and acknowledged that many that presently exist are illegal. Mr. Dave Lamka, A to Z Signs Limited, appeared as a delegation to present a submission dated January 22, 2001 which he circulated to the Committee. He expressed concern that the wide spread use of fluorescent colours would hurt the mobile sign industry and commented that there was no need for them especially since signs are being allowed closer to the roadway. He circulated examples of fluorescent and non-fluorescent sign lettering as well as pictures depicting use of each. He also expressed concern that fluorescent colours were now being used not only on mobile signs but on ground signs and pylon signs as well. Accordingly he suggested that regulations should be considered in this regard. In summary, he requested that only normal non- fluorescent colours be allowed to be used on mobile, pylon and ground signs. Mr. Lamka then posed two questions on the issue of ground signs; firstly, in relation to the number that would be permitted across a given length of frontage and secondly, conversion of mobile signs into ground signs and what action was necessary to meet guidelines. Councillor J. Zielger favoured deferral of the staff report so as to allow staff to further investigate issues pertaining to reducing the size of mobile signs and allowing for use of only one side as well as a number of concerns relating to ground signs dealing with height, area, proliferation, location, fluorescent copy, number restriction and replacement of mobile signs with ground signs. Mayor C. Zehr asked that consideration also be given to the lighting of home business signs. On motion by Councillor J. Ziegler– it was resolved: “That consideration of Business and Planning Services staff report BPS-01-004 (Proposed Revisions to the City’s Sign By-law) be deferred and referred to the February 19, 2001 and staff be directed to Planning and Economic Development Committee meeting address the following concerns: a) Mobile Signs · where practical, two (2) businesses be allowed to each use one (1) side of a mobile sign for 12 months, provided the number of mobile signs that would otherwise be permitted is correspondingly reduced. · reducing size b) Ground Signs · height and maximum area of sign · proliferation (number of grand signs on property) · location relative to roadway 6.BPS-01-004-REVISIONS TO SIGN BY-LAW (CONT’D) · methods to reduce usage fluorescent copy PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 22, 2001- 10 -CITY OF KITCHENER · limiting number of ground signs to number of mobile signs · replacing mobile signs with ground signs c) Home Business Signs · lighting of home business signs.” 7.BPS-01-003-AFFORDABLE HOUSING - REVIEW OF ROLES, RESPONSIBILITIES, PROGRAMS AND INITIATIVES The Committee considered Business and Planning Services staff report BPS-01-003 dated January 5, 2001 dealing with a review of roles, responsibilities, programs and initiatives on the subject of affordable housing in the City. The report provides general information about housing programs and initiatives currently being undertaken throughout the Region and provides specific information regarding housing initiatives currently being undertaken by the City. It was noted in the report that at the October 25, 1999 Finance and Administration Committee meeting and subsequent November 1, 1999 Council meeting, a resolution was passed in respect to affordable housing projects that resulted in this report. Ms. C. Ladd provided a summary of activity with respect to this subject, identified the staff involved and the programs available. She indicated that the City was very active in this matter and suggested that no further action was necessary at this time. On motion by Mayor. C. Zehr– it was resolved: That Business and Planning Services staff report BPS-01-003 (Affordable Housing – “ review of roles, responsibilities, programs and initiatives) be received for information.” 8.BPS-01-009-UPDATE OF RECENT INITIATIVES TO ADDRESS ISSUES OF HOMELESSNESS IN REGION OF WATERLOO - SUPPORTING COMMUNITY PARTNERSHIPS INITIATIVE (SCPI) GRANT The Committee was in receipt of Business and Planning Services staff report BPS-01-009 dated January 12, 2001 which provides a summary of recent community and government initiatives to address the issue of homelessness in the Region. A community group was formed to address this and it was concluded that a Community Homelessness Plan was needed. This group has been working to complete the plan in order to access the recently announced Federal funding under the Supportive Community Partnerships Initiative (SCPI). Ms. C. Heal presented a summary of activity outlined in the report with respect to the Community Homelessness Plan and the available SCPI funding grant in the amount of $453 000. Councillor J. Ziegler questioned if staff could estimate the number of homeless people in downtown Kitchener and Ms. Heal agreed to investigate the request and advise Councillor Ziegler. On motion by Councillor John Smola– it was resolved: “That Business and Planning Services staff report BPS-01-009 (Summary of community and government initiatives to address the issue of homelessness in the Region of Waterloo) be received for information.” 9.BPS-01-014-WABANAKI DRIVE EXTENSION – VACE INVESTMENTS INC. - REVISION TO AUGUST 28, 2000 COUNCIL MINUTES Business and Planning Services staff report BPS-01-014 dated January 22, 2001 was circulated to the Committee this date. The report deals with the Wabanaki Drive extension and requests 9.BPS-01-014-WABANAKI DRIVE EXTENSION – VACE INVESTMENTS INC. - REVISION TO AUGUST 28, 2000 COUNCIL MINUTES (CONT’D) clarification of the August 28, 2000 Council resolution concerning the lifting of the building permit PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 22, 2001- 11 -CITY OF KITCHENER cap immediately upon the City being provided with the required letter of credit in the amount $620,000. It was pointed out in the report that the motion of City Council as contained in its minutes was not reflected in the final resolution with respect to Clause 11 of the Planning and Economic Development Committee report and it was requested that Clause 11 be revised to address this inaccuracy. Mr. Paul Dietrich was in attendance and indicated support of the recommendation in the staff report. On motion by Councillor J. Ziegler– it was resolved: That Clause 11 of the Planning and Economic Development Committee report, as adopted “ by City Council on August 28, 2000, be revised as follows to clarify and reflect the intentions of City Council as set out in the August 28, 2000 Council Minutes: a) Deleting the first sentence to recommendation 2; and, b) Replacing recommendation 2b) with the following new recommendation 2b): ‘2b) That the 15 building permit cap for the Bridle Path Estates subdivision be immediately lifted upon Vace Investments Inc. providing the City of Kitchener with an irrevocable letter of credit in the amount of $620,00., being the estimated amount for the permanent Wabanaki Drive Extension between Fairway Road and Hidden Valley Road in accordance with the Environmental Assessment Study, including legal and engineering costs; and’.” 10.ADJOURNMENT On motion, the meeting adjourned at 5:20 p.m. L. W. Neil Assistant City Clerk