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HomeMy WebLinkAboutDev & Tech Svcs - 2005-05-02 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 2, 2005 CITY OF KITCHENER The Development and Technical Services Committee met this date commencing at 7:10 p.m. Present: Councillor C. Weylie - Chair Mayor C. Zehr and Councillors B. Vrbanovic, M. Galloway, J. Gazzola and G. Lorentz Staff: C. Ladd, Chief Administrative Officer F. McCrea, Assistant City Solicitor J. Willmer, Director of Planning R. Shamess, Director of Engineering Services C. Bluhm, Planner D. Gilchrist, Committee Administrator 1. DTS-05-051 - ZONE CHANGE APPLICATION ZC 04/24/B/BS - SNOWDROP COURT - RBJ SCHLEGEL HOLDINGS - SOUTH WARD The Committee considered Development and Technical Services Department report DTS-05- 051, dated April 8, 2005, regarding Zone Change Application ZC 04/24/B/BS to change the zoning on the subject lands which are located on Snowdrop Court. On motion by Councillor M. Galloway - it was resolved: ?That Zone Change Application ZC 04/24/B/BS for the purpose of changing the zoning from Agricultural Zone (A-1) to Residential Four Zone (R-4) with special regulation provision 286R on lands legally described as Part Lot 132, G.C.T., in the City of Kitchener be approved, without conditions, in the form shown in the ?Proposed By-law?, dated April 8, 2005, attached to Development and Technical Services Department report DTS-05- 051.? 2. DTS-05-063 - ZONE CHANGE APPLICATION ZC 04/21/M/KS - MAX BECKER DRIVE - MAX BECKER ENTERPRISES LIMITED - SOUTH WARD The Committee considered Development and Technical Services Department report DTS-05- 063, dated April 19, 2005, regarding Zone Change Application ZC 04/21/M/KS to change the zoning on the subject lands on Max Becker Drive. Mr. C. Bluhm reviewed the staff report, noting staff?s main concerns are with the design, as the use and built form for this property are currently unknown. As a result, a series of regulations is included in the amending by-law. Mr. P. Britton was in attendance in support of the staff report and amending by-law. On motion by Councillor M. Galloway - it was resolved: ?That Zone Change Application ZC 04/21/M/KS, for Max Becker Enterprises Limited, to change the zoning on the subject lands from Community Institutional Zone (I-2) to Neighbourhood Shopping Centre Zone (C-2) with Special Use Provision 344U, on lands legally described as Part of Lots 5 and 6, RCP 1470, in the City of Kitchener,be approved in the form shown in the ?Proposed By-law?, dated April 19, 2005, attached to Development and Technical Services Department report DTS-05-063.? DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 2, 2005 - 39- CITY OF KITCHENER 3. DTS-05-069 - ZONE CHANGE APPLICATION ZC 05/06/C/CB - MUNICIPAL PLAN AMENDMENT APPLICATION MP 05/02/C/CB - CEDAR HILL LAND USE AND SOCIAL ENVIRONMENT STUDY The Committee considered Development and Technical Services Department report DTS-05- 069, dated April 28, 2005, regarding Municipal Plan Amendment Application MP 05/02/C/CB and Zone Change Application ZC 05/02/C/CB implementing some of the recommendations contained in the Cedar Hill Land Use and Social Environment Study. Councillor C. Weylie, Chair, read the following statement: This is a Public Meeting under to consider 'The Planning Act, 1996'Municipal Plan Amendment Application MP 05/02/C/CB 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 the Development & Technical Services Committee on these matters today will be considered by City Council on . If City Council adopts the May 9, 2005 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 Development and Technical Services Department or the Region's Department of Planning and Culture. Mr. J. Willmer provided background to the staff report and recommendations. He advised that the Committee and the public have had an opportunity to become aware of the ?Cedar Hill Land Use and Social Environmental Study?, which was considered by this Committee on April 4, 2005. Consideration of the amending zoning by-law and municipal plan amendment by this Committee this date was advertised in The Record on April 8, 2005. A map of the affected area, bounded by Benton Street, Courtland Avenue East, Stirling Avenue South and Charles Street East, was displayed. Mr. Willmer advised that all properties within Cedar Hills are proposed to be re-zoned, except the two parks. He then reviewed each of the new zoning categories: Cedar Hill 1 (CH-1) zone, Cedar Hill 2 (CH-2) zone and Cedar Hill 3 (CH- 3) zone, as well as those properties for which site specific zoning is proposed, along with the reasons for the site specific zoning. Mr. Willmer noted the property at the corner of Benton Street and Charles Street East is currently zoned Commercial-Residential, and the owners are requesting that their property be included in the Downtown Community Improvement Plan, which is not supported by staff. With respect to St. Joseph School at 160 Courtland Avenue East, various education programs are still taking place on site, and the Board of Education is still looking for possible purchasers. Mr. Willmer advised staff are recommending ?office? as a permitted use, except for on-site counselling. Further, staff recommend that multiple dwelling units having a minimum area of 85 2 m be permitted. Recognizing that future zone changes will be made, Mr. Willmer noted staff recommend a reduction in the zone change application fee for the Cedar Hill area, to $500 for 5 ½ years. Finally, with respect to recommendation #4 in the staff report, Mr. Willmer emphasized the City of Kitchener welcomes supportive housing, and stated staff will work with agencies and various DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 2, 2005 - 40- CITY OF KITCHENER 3. DTS-05-069 - ZONE CHANGE APPLICATION ZC 05/06/C/CB (CONT?D) levels of government to find appropriate locations throughout the City of Kitchener for new duplexes, multiple dwellings, lodging houses and residential care facilities. Mr. Willmer advised two letters of objection to the proposed re-zoning and municipal plan amendment have been received from: Homecoming, and Advocacy Centre for Tenants Ontario. It was noted that the Committee members had received copies of the letter from Homecoming but not from the Advocacy Centre for Tenants Ontario. Mayor Zehr questioned whether there is anything in law allowing for zoning for a temporary period of time. Mr. Willmer responded there are two types of temporary use by-laws: one type allows a temporary use for a period of 3 years; the other allows garden suites for a period of 10 years. Ms. D. Schlichter and Mr. B. Hunsberger appeared on behalf of the House of Friendship to address their concerns with the amending zoning by-law. They also stated they have concerns about some aspects of the underlying study which connect neighbourhood problems to supportive housing. Ms. Schlichter requested that their existing permitted uses, on Eby Street and Charles Street East, remain as permitted uses in the new zoning by-law. Mayor Zehr questioned what difference it would make to the City and the property owner, if the use on the property is legal non-conforming rather than a conforming, permitted use. Mr. Willmer stated a legal non-conforming designation could devalue the property, and cause difficulties when borrowing against the property. Any proposal to expand a legal non-conforming use would require Committee of Adjustment approval. If the use is a permitted use, some form of approval would still be required to expand the use. Ms. Schlichter advised there main concern relates to any future expansion of their administrative office. Mr. Willmer responded their administrative office would be a permitted use; consequently, the expansion would be allowed. Ms. Schlichter responded, it would be more reassuring to the House of Friendship if their existing use is legalized in the new zoning by-law. Mr. Hunsberger stated that legal non-conforming status brings encumbrances; although, they are not opposed to restricting housing on the property. Legal non-conforming status can cause financial problems and can be unpredictable. Mayor Zehr questioned whether the City would lose anything if the House of Friendship properties are zoned to permit the existing use in the existing buildings. Mr. Willmer and Ms. McCrea confirmed the City would not lose anything. Mr. Willmer confirmed that if a legal non-conforming use is abandoned, or ceases for a period of time, the legal non-conforming use would not be allowed to return to the property. In that case the property would have to be used as permitted in the zoning by-law. Upon questioning by Councillor Galloway, Ms. Schlichter and Mr. Hunsberger advised that they would rather the existing use of the property remain as a legal use than be legal non-conforming. Mr. Willmer responded to questions from Councillor Galloway by stating that the by-law could be revised so as to have the uses on the House of Friendship properties as legal uses, and if Council desires a limitation as to the use could be added to the by-law. Mr. D. Bennett of the Waterloo Catholic District School Board was in attendance to address the Committee with respect to the proposed zoning for St. Joseph School, 160 Courtland Avenue East. He stated the school board is generally in support of the by-law, but have two points of concern. Their desire is to keep the existing school building on the site, and want the permitted uses to be such as would assist them in retaining the existing building. The school board will either own the building and rent part of it, or sell the building and continue as a tenant. Mr. Bennett asked that an additional use, ?community centre?, be included in the new zoning by-law, as a possible future use for this building. Mr. Bennett also requested an amendment to the by- 22 law for multi-residential units having sizes of approximately 75 m rather than 85 mwhich is included in the draft by-law. He stated the existing building contains some classrooms of that DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 2, 2005 - 41- CITY OF KITCHENER 3. DTS-05-069 - ZONE CHANGE APPLICATION ZC 05/06/C/CB (CONT?D) size. As they wish to convert portions of the building to multi-residential use with a minimal amount of interior demolition, they request a reduction in unit size. Mayor Zehr questioned whether the School Board has come to a decision, with staff, concerning a community centre. Mr. Bennett advised the School Board has been approached by an outside group who would use a portion of the building as a cultural centre. Mr. Willmer noted that members of the community have recommended a community centre use for this building. There are concerns about certain types of community centres; however, this could be considered on a case by case basis. Such a use will require a zone change, or the by-law could be worded in such a way as to need only a variance. Ms. Y. Nassif and Mr. R. Henein addressed the Committee with respect to the properties addressed 33 Benton Street and 11 Charles Street East, requesting that the zoning of these properties not be changed. Mr. Wilmer advised the current zoning on this property is CR-3 which allows a mix of residential and non-residential uses. Through the re-zoning of this 2 property, they would be losing multiple dwellings less than 85 m. Mr. Willmer noted the owner is also asking to be exempt from development charges like the rest of Downtown. He advised that one of the buildings on the property was damaged by fire, and the owner is concerned that the legal non-conforming use as a triplex may lapse before the triplex use is re-instated on the property. When questioned by the Committee, Ms. McCrea advised lapses of legal non-conforming use are usually dealt with on a site specific basis. Several matters are considered: why did the use cease; what has caused the delay in re-instating the legal non-conforming use; has there been any other uses in the interim; among other considerations. Ms. McCrea advised she does not have factual information on this situation, so can not give an opinion. She suggested a lapse in use of 2-3 years seems an excessive amount of time. Ms. S. Gunz addressed the Committee advising she was a member of the Steering Committee for the Cedar Hill study and she accepts this staff report. The basic premise of the report is: there is a certain zoning in place, and the onus is on the property owner if they want a zone change. She noted there will be many legal non-conforming properties. With respect to the request of the House of Friendship to have their use remain legal, Ms. Gunz offered the opinion that since this is a not for profit organization, a legal non-conforming status would probably not affect there present or future financing. With respect to the St. Joseph School, the two concerns raised by Mr. Bennett, Ms. Gunz requested that the by-law as it relates to a community centre, remain as it is in the draft by-law. If a proposed use enhances the neighbourhood, the neighbours will support it. With respect to 2 room sizes, she urged the Committee to maintain the 85 mrequirement as proposed by staff. 2 The 75 m proposed by Mr. Bennett is significantly smaller than the staff recommendation. She also asked the Committee not to comply with the owners request for zoning on 33 Benton Street and 11 Charles Street East. Further, Ms. Gunz urged the City to move forward with recommendation #4 in the staff report. Mayor Zehr referred to Mr. Bennett?s statement about room sizes at St. Joseph School, and 2 questioned how many of the existing classrooms are less than 85 m in area, an was advised the number is not known. He questioned whether Ms. Gunz could support a by-law which would 2 allow a reduction in floor area for those existing classrooms under 85 m. Ms. Gunz advised she could not support the Mayor?s suggestion as there is a substantial variation in the size of classrooms in that school. She also advised that if the School Board faces new pressures in the 2 future, there will be some control if the 85 m regulation is in place. She stated everyone should be treated the same. With respect to the request of the House of Friendship that their existing use remain legal, Mayor Zehr questioned Ms. Gunz what the community would be losing if this use remains a legal use. Ms. Gunz responded the community would lose if the House of Friendship moves. As a legal non-conforming use, the use could not be re-instituted if it lapses. She advised that it is important for the community to have some input into future uses in this area, even if the input is minimal. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 2, 2005 - 42- CITY OF KITCHENER 3. DTS-05-069 - ZONE CHANGE APPLICATION ZC 05/06/C/CB (CONT?D) Mayor Zehr put forward a motion to adopt the staff recommendations, and that staff provide certain information for the Council meeting of May 9, 2005. Mayor Zehr requested of Mr. Bennett that he provide staff with the dimensions of all the classrooms at St. Joseph School. Mr. Willmer then advised that staff are commencing phase 2 of the Cedar Hill study, addressing non-regulatory tools. Staff will be meeting with Regional housing staff and Police to prepare a terms of reference, which will be presented to this Committee in September of this year. On motion by Mayor C. Zehr - it was resolved: ?That Municipal Plan Amendment MP05/02/C/CB, be adopted, in the form shown in the ?Proposed Municipal Plan Amendment?, attached to Development and Technical Services Department report DTS-05-069, to introduce new general policies to the Cedar Hill and Mill Courtland-Woodside Park Secondary Plans, and to delete the General Industrial policies of the Cedar Hill Secondary Plan, and be forwarded accordingly to the Region of Waterloo for approval; and, That Zone Change ZC 05/06/C/CB, to comprehensively rezone the Cedar Hill Planning Community, in the City of Kitchener, be approved, in the form shown in the ?Proposed By- law?, dated April 28, 2005, attached to Development and Technical Services Department report DTS-05-069; and, That a one-time per property zone change application fee, for applications for new residential development in the Cedar Hill Zones, made between May 31st, 2005 and st December 31, 2010, be set at $500, rather than the current $4,180; and, That Planning staff, in conjunction with all applicable agencies and levels of government, be directed to report back to the Development and Technical Services Committee, with opportunities for the Municipality to encourage and facilitate the development of new duplexes, multiple dwellings, lodging houses and residential care facilities in all other appropriate areas of the City; and further, That at the Council meeting of May 9, 2005, staff provide the following information: (a) Wording that could be used in the zoning by-law to accommodate the request of the House of Friendship that their existing use, within their existing buildings, be a legal use rather than a legal non-conforming use? (b) An inventory of the existing classrooms within St. Joseph School, as they exist 2 today, including the number of rooms having a floor area less than 85 m, and the 2 actual sizes of each of those classrooms less than 85 m. (c) With respect to the use of a portion of St. Joseph School as a community centre, a definition of ?community centre? to be used in the zoning by-law which will allow for flexibility.? 4. ADDITIONAL PUBLIC INPUT - SITE PLAN APPLICATION SP 05/41/K/BS - 4263 KING STREET EAST (LULU?S) Mr. B. McColl was in attendance and requested the Committee consider allowing additional citizen participation in the site plan review process for 4263 King Street East. Mr. McColl provided the Committee members with a written submission in this regard. The Committee generally agreed to hear Mr. McColl?s request. Mr. McColl advised he is aware of the City?s policy to permit 2 citizen representatives to participate in the site plan review process. He advised that in this circumstance, there are 100 neighbours within 100m of the subject property, and 5 neighbourhood associations, and greater DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES MAY 2, 2005 - 43- CITY OF KITCHENER 4. ADDITIONAL PUBLIC INPUT - SITE PLAN APPLICATION SP 05/41/K/BS (CONT?D) neighbourhood participation is warranted. He stated he has discussed his request with Mr. Willmer, who is restricting the number of citizen representatives to 2, as the current policy states. He also advised the Site Plan Review Committee will meet next week. Mr. Willmer advised the site plan process, under the Planning Act, is not a public process; however, Council?s policy is to invite 2 citizen representatives to participate in the process. When questioned, Mr. Willmer advised there are 6-7 staff members involved in the site plan review, including a member of Regional staff. As well, there may be 1 to 4 people on the applicant?s team. Councillor Gazzola requested that an exemption to the policy not be permitted at this time, stating that if there is to be a change in the process, it should be City wide and not done on a case by case basis. He advised he will attend the site plan review meeting for this property, and he has provided staff with all the neighbourhood concerns he has received. It was requested by Councillor Gazzola, and generally agreed to by the Committee, that, at some future date, staff present a report to this Committee addressing whether the current policy on citizen participation in the site plan review process should be changed. 5. ADJOURNMENT On motion, the meeting adjourned at 8:30 p.m. D. Gilchrist Committee Administrator