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HomeMy WebLinkAboutPlng & Econ Dev - 1992-11-09 SPED\1992-11-09-SPE PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 9, 1992 The Planning and Economic Development Committee met this date commencing at 4:00 p.m. under the Chairmanship of Alderman J. Ziegler, with the following members present: Aldermen C. Weylie, G. Lorentz, G. Leadston, T. Galloway, M. Wagner and M. Yantzi. Mayor D.V. Cardillo and Aldermen C. Zehr and B. Stortz entered the meeting shortly after its commencement. Officials Present: Mr. T. McKay, Mr. B. Stanley, Mr. T. McCabe, Ms. S. Frenette, Mr. D. Mansell, Mr. J. Wallace, Mr. N. Dobbing, Ms. C. Ladd, Ms. J. Given, Mr. J. Witmer and Mr. L.W. Neil. Alderman J. Ziegler, Chairman, advised that this special meeting of the Planning & Economic Development Committee was called to deal with housing related matters that were tabled at earlier meetings of the Committee and referred for consideration this date. 1. PD 76~92 PD 78~92- PD 90~92- POLICY RE CONVERSION OF SINGLE DETACHED DWELLINGS TO TWO UNITS OPA 92/11 (LOW/HIGH DENSITY RESIDENTIAL CITY-WIDE) OPA92/12 (CENTRAL NEIGHBOURHOOD SECONDARY PLAN) PROVINCIAL CONSULTATION PAPER "APARTMENTS IN HOUSES" THE SECONDARY UNIT APARTMENT EXPERIENCE IN KITCHENER The Committee was in receipt of the following Staff Reports from the Department of Planning & Development: PD 76/92 dated July 21, 1992, PD 78/92 dated July 30, 1992 and PD 90/92 dated September 3, 1992. It was pointed out that Notice that the Committee would hold a Public Meeting this date to consider these matters had previously been given. Staff Report PD 76~92 deals with a policy regarding the conversion of single detached dwellings to two units. The report summarized actions that have taken place to date concerning housing intensification and noted that on October 15, 1991, Council had agreed that conversion of single detached dwellings to two units should be permitted subject to some discretion on the part of developers in new plans of subdivision. At that time the issue of small residential conversions in existing neighbourhoods was deferred for further study and consideration at a later date, upon completion of further study and analysis by staff. Accordingly, two Official Plan Amendments which taken together constitute a policy that would permit the conversion of single detached dwellings to two units in Kitchener is now being recommended. It was noted that areas designated Estate Residential would not be affected by the amendments. Official Plan Amendment 92/11 would revise the existing policies of Low Density Residential and High Density Residential land use categories in order to establish that the conversion of single detached dwellings to two unit dwellings shall be a permitted use in zoning, wherever single detached dwellings are permitted in zoning. Official Plan Amendment 92/12 would revise the land use category called "Single Detached Dwellings" as it is used in the Central Frederick Neighbourhood Secondary Plan. The proposed revision adds second dwelling units in single detached dwellings as a permitted use in this category and changes the title of the category to reflect this revision. The lands which would be affected by the change were illustrated on the attached map Schedule A of the Central Frederick Neighbourhood Secondary Plan. Staff Report PD 78~92 deals with a staff proposal for a response to the Provincial Consultation Paper "Apartments in Houses". The draft response was attached to the Staff Report which pointed out that the Province had requested comments from Municipalities on legislation dealing with the creation of apartments in houses and with granny flats or garden suites. It was noted in the Staff Report that the package of changes proposed could be broken down into four areas relating to the creation of apartments in houses, garden suites, powers of entry for enforcement staff and the status of households of unrelated people in land use planning. These matters were briefly summarized in the report and commented on in more depth in the attached draft for a response to the Provincial Consultation Paper "Apartments in Houses". PD 76~92 POLICY RE CONVERSION OF SINGLE DETACHED DWELLINGS TO TWO UNITS OPA 92/11 (LOW/HIGH DENSITY RESIDENTIAL CITY-WIDE) PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 318 - NOVEMBER 9, 1992 PD 78~92- PD 90~92- OPA92/12 (CENTRAL NEIGHBOURHOOD SECONDARY PLAN) PROVINCIAL CONSULTATION PAPER "APARTMENTS IN HOUSES" THE SECONDARY UNIT APARTMENT EXPERIENCE IN KITCHENER Staff Report PD 90/92 had attached to it a report completed by a contract student entitled "The Secondary Unit Apartment Experience in the City of Kitchener". It was pointed out in the Staff Report that the purpose of the contract student's report was to obtain information about existing examples of individuals in households that have chosen to create a second unit in their homes. It was suggested that this information would be useful to the Committee in its consideration of the Provincial Consultation Paper and the Official Plan Amendments dealing with the subject of secondary apartment units. Before the Committee began its discussion of these matters, Alderman J. Ziegler, Chairman, distributed a copy of Provincial Bill 90, an Act to amend the Planning Act and the Municipal Act with respect to residential units and garden suites, which received first reading in the legislature on October 29, 1992. He referred the Committee to the explanatory note of the legislation which proposes that the Planning Act be amended to ensure that Official Plans and By-laws cannot be used to prohibit two residential units in a detached house, semi-detached house or row house. Alderman Ziegler pointed out that it would appear no matter what action the Committee takes this date, that Bill 90, when passed, will take precedence over the City's Official Plan and Zoning By- laws. Ms. S. Frenette briefly reviewed the City's approach to housing intensification as it relates to the requirements of the Provincial Housing Statement. She noted that the Provincial target was that amendments to the Official Plan and Zoning were to have been in place by August, 1991. She stated that in July, 1990, a draft report was prepared and presented at Public Consultation Meetings in the Fall of 1990. Mayor D.V. Cardillo and Alderman C. Zehr entered the meeting at this point. Ms. Frenette advised that as a result of those meetings, more study of intensification was undertaken and also that at about the same time, the Ontario Municipal Board considered and rendered a decision approving of the duplexing of a single family home at 90 Country Hills Drive for a 3 year period to allow the City to complete its study of the intensification issue. In referring to the data collected on existing duplexes, she stated that conversions take place for a variety of reasons and were located in all wards of the city. Accordingly, Ms. Frenette recommended that second units be allowed as a right. Alderman B. Stortz entered the meeting at this point. Mr. N. Dobbing introduced the two Official Plan Amendments under consideration which would permit conversions of single family dwellings to two units. He commented that most of this subject had received much discussion at past meetings and that he would only like to refer to several major points relevant to these matters. Firstly, he referred to the benefits of the policy and noted that a converted dwelling was the only way persons with Iow income could participate in the market as either an owner or renter. Secondly, he addressed the widespread concern that duplexing would bring about deterioration of the neighbourhood and stated that studies have found no evidence that the policy would cause deterioration. He suggested that current policies of treating conversions as an "interim use" pending redevelopment have brought about the deterioration that has received public attention. Thirdly, he referred to concerns respecting enforcement and suggested that enforcement should not be used to suppress change. He suggested that an approach was needed to deal with change that was already occurring and that since this situation exists, it should be recognized and dealt with positively. Finally, in reference to Provincial policy initiatives, he stated that staff disagree with the Provincial approach PD 76~92 PD 78~92- PD 90~92- POLICY RE CONVERSION OF SINGLE DETACHED DWELLINGS TO TWO UNITS OPA 92/11 {LOW/HIGH DENSITY RESIDENTIAL CITY-WIDE) OPA92/12 {CENTRAL NEIGHBOURHOOD SECONDARY PLAN) PROVINCIAL CONSULTATION PAPER "APARTMENTS IN HOUSES" THE SECONDARY UNIT APARTMENT EXPERIENCE IN KITCHENER and that land use planning is and should remain a Municipal issue. Mr. Dobbing asked that the recommendations in the Staff Report be accepted. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 319 - NOVEMBER 9, 1992 Prior to hearing delegations, the Committee questioned staff respecting these planning matters. In response to an inquiry of Alderman B. Stortz, he was advised that the Province has not responded to the City's submissions made in the summer and changes to legislation made between the Discussion Paper stage and Bill 90 were minor technical changes only. Alderman T. Galloway referred to the Secondary Unit Apartment Experience Report and the fact that interviews were conducted only with the owners of duplexes. He questioned what other aspects were surveyed regarding impacts on the neighbourhood and Ms. Frenette noted that the interviews were limited to criteria relative to the conversions themselves. Alderman T. Galloway pointed out that a weakness of the report is the fact that the views of neighbourhood impact reflected only those of owners that have converted and not other adjacent residents. As a matter of record, Alderman T. Galloway, by a letter dated November 4, 1992, had provided members of Council with a survey that he had undertaken in his ward concerning the second dwelling unit issue. The survey indicates a general lack of support for the second dwelling unit concept in all housing types and in existing and all future suburban neighbourhoods. Also there was only moderate support for legalization in existing downtown and "selected future" neighbourhoods. Alderman M. Wagner pointed out that while it was known that there were only five legal conversions last year, the number of illegal conversions was unknown. Mr. N. Dobbing advised that it was impossible to know the number of illegal conversions. Alderman Wagner suggested that the annual estimate of conversions that would take place in the future under the legislation seemed like a very Iow figure and questioned if it was because people would still convert illegally. He stated that during the last election campaign, he had been very surprised at just how many conversion situations he found in his ward. Also he stated that he had found there was no reference in the staff report to where conversions were legally allowed at present. Ms. S. Frenette stated that the conversion kit would indicate this, but that the kit was still not complete as some data was yet to be included. Alderman B. Stortz suggested that the process of dealing with this matter be addressed before detailed discussions continue. He noted that Provincial Bill 90 has changed the nature of discussions relative to this matter and given that the Province could have legislation quickly in place to deal with it, that it might be more appropriate to refocus the City's comments to the Province to be considered at the appropriate Standing Committee dealing with the legislation. Ms. Frenette stated that second reading of Bill 90 was anticipated before the end of 1992 with third reading by April, 1993. She pointed out that the Minister has publicly stated that some communities may be exempted from the legislation if the community has shown that it has addressed the subject in its own way. Ms. S. Frenette advised that the Provincial Bill carries with it detailed regulations which deal with implementation and that the Bill would not become law until the regulations are approved. It was suggested that if the City is to respond to Bill 90, it would also have to do some "what if" options relative to the possible scope of the accompanying regulations. Alderman T. Galloway stated that he was opposed to the concept of the Provincial actions in this regard and could not agree with the City acquiescing to the intrusion of the Province into local planning. Alderman M. Yantzi questioned the likelihood of the Municipality being PD 76/92 POLICY RE CONVERSION OF SINGLE DETACHED DWELLINGS TO TWO UNITS CPA 92/11 (LOW/HIGH DENSITY RESIDENTIAL CITY-WIDE) OPA92/12 (CENTRAL NEIGHBOURHOOD SECONDARY PLAN) PD 78/92 - PROVINCIAL CONSULTATION PAPER"APARTMENTS IN HOUSES" PD 90/92 - THE SECONDARY UNIT APARTMENT EXPERIENCE IN KITCHENER exempted from the Provincial legislation as a result of having undertaken its own Planning Amendments. Alderman B. Stortz suggested that it should first be determined if the Province was legitimately considering exemptions and stated that since the Minister has made the exemption offer in speeches, she should be prepared to commit it in writing. Ms. Judy Anne Chapman appeared as a delegation to present a submission which was distributed with the agenda. Prior to presenting her submission, she commented that the report prepared by Alderman T. Galloway was a document that was totally sound in terms of accepted statistical PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 320 - NOVEMBER 9, 1992 procedure. In reference to her submission, she indicated that a questionnaire was circulated to every resident of the Greenbelt Neighbourhood and the results were overwhelmingly opposed to duplexing singles, duplexes and townhouses. She requested that the Committee not pass the recommended amendment and instead approach the Province to explain the City's position and convince them that what has been done in Kitchener was sufficient. Mr. Myron Steinman, 702-50 Eby Street South, appeared as a delegation to present a submission on these planning matters. Firstly, he stated that he was opposed to the possibility of the Provincial Bill 90 preventing this Committee from making a decision on these matters. He stated that he supports voluntary conversion of single detached houses, as he would like the possibility of being a tenant of such an apartment in a single family house. He suggested that single detached homes in the present form of subdivision development were non-sustainable and destructive to the environment as they were consuming the best farm land in Ontario. He urged the Committee to support the recommended Official Plan Amendments proposed by staff. Mr. Paul Tuerr, 41 River Road East, appeared as a delegation with regard to these matters and pointed out that not enough notice was given for citizens to respond on such an important topic. In this regard, he stated that the letter from staff was dated October 27, mailed November 3 and received November 6 and left no time for a written response to the staff reports. Ms. S. Frenette explained that there was some confusion respecting the inclusion of the report "The Secondary Unit Apartment Experience in Kitchener" which was included at the last minute. She pointed out that the issues being considered this date were previously advertised and the persons who attended the Public Meetings were notified. Mr. Tuerr stated that in his opinion, allowing duplexes in existing single homes was wrong. In this regard, he referred to the subdivisions and homes that he has developed over many years and the guarantees he had given purchasers that they were buying into a single family home subdivision. He stated that his appeal was to the conscience of the Committee, given the promises made to thousands of people who purchased single family homes and paid for the required services. Mr. Tuerr stated that he represented a group of people who intend to take legal action to stop the proposed Official Plan Amendments. Further he noted that the entire duplexing issue began at a point in time when there was a shortage of apartments and that this problem has been rectified with an approximate 5 percent vacancy rate which now exists. Alderman M. Wagner questioned Mr. Tuerr if when he sold a home, he in effect sold the purchasers a legal document which stated that the single family home was within a single family subdivision and Mr. Tuerr replied "yes". Mr. Tuerr commented that if the Amendments were to be approved, a regulation should be included requiring a neighbour within 100 feet of the conversion to be able to approve of it. PD 76~92 PD 78~92- PD 90~92- POLICY RE CONVERSION OF SINGLE DETACHED DWELLINGS TO TWO UNITS OPA 92/11 {LOW/HIGH DENSITY RESIDENTIAL CITY-WIDE) OPA92/12 {CENTRAL NEIGHBOURHOOD SECONDARY PLAN) PROVINCIAL CONSULTATION PAPER "APARTMENTS IN HOUSES" THE SECONDARY UNIT APARTMENT EXPERIENCE IN KITCHENER Mr. J. Wallace, City Solicitor, advised that it was standard procedure for a person buying a home to check the zoning and Official Plan but that those regulations were subject to change in future, provided that due process was complied with. He commented that there were no guarantees with regard to designations under the Official Plan and Zoning. Mr. Tuerr stated that it was the responsibility of City Council to protect its residents. In response to Alderman C. Zehr, Mr. Tuerr indicated that he did not object to the City's existing policy relative to duplexing in new subdivisions that would be developed in future. Mr. Peter Bufe, 35 Gordon Avenue, stated that it was his hope City Council would protest against Bill 90. He stated that residents had a right to expect security of zoning and that such a retroactive change was immoral. In reference to the arguments presented, relative to current illegal duplexes and the need to legalize them, he stated that he did not care about the illegal ones, as long as tenants were good neighbours and the Planning Act could protect other property owners in situations where such illegal tenants might negatively affect them. He noted that the issue of excessive parking and obnoxious tenants resulting from absentee landlords cannot be ignored and that if properties were absentee owned, they should be declared businesses and regulated PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 321 - NOVEMBER 9, 1992 and taxed accordingly. In summary, he stated that neighbourhoods need support for preservation and not actions that would encourage major changes. Mr. Mike Lazarowich, 101 Borden Avenue North, appeared as a delegation to comment on two points respecting these planning matters. Firstly, he referred to demographic changes that have taken place in society resulting in neighbourhoods where families have grown up and space created in dwellings that could be rented to others. He stated that he would like the opportunity to legally have a tenant in his home and also suggested that there was an element of safety in having more people in and around dwellings in neighbourhoods. Secondly, he stated that he had reviewed the draft legislation and pointed out that there was nothing in the legislation to encourage easy reconversion of duplexed dwellings at a later date. He suggested that if that was included within the legislation, it might influence the views of some on the legislation itself. Ms. Frenette commented that there was no legal aspect to restrict reconversion to a single family use only. Alderman C. Zehr suggested that the point made by Mr. Lazarowich could be addressed in the conversion kit that staff were preparing. Mr. David Kresky, 62 Earl Street, appeared as a delegation regarding these planning matters and commented that he agreed that the Planning Department was remiss in its notification procedure, but more importantly it was exhibiting a distinct bias toward duplexing and that this position shows up in the study of the contract student. Further he suggested that the study itself does not add anything to assist in consideration of the conversion topic. Mr. Kresky commented that the real issue was that the Province was avoiding the problem of addressing the matter of rent control through this legislation. Further he commented that he was certain residents would not like to see Council grovelling at the feet of the Province in hopes of obtaining some exemption from the Provincial legislation. Mr. Kresky stated that just because owners have converted illegally was not an excuse to legalize it and that at all times, these owners have had the option available to them to apply to the Committee of Adjustment for a legal conversion. Further Mr. Kresky stated that people are angry that their voice is being taken away in this matter and he questioned how many Aldermen have polled single family owners in their constituencies as to their feelings on this issue. He stated that there was nothing scientific about the contract study completed and recommended that if the Committee really PD 76~92 PD 78~92- PD 90~92- POLICY RE CONVERSION OF SINGLE DETACHED DWELLINGS TO TWO UNITS OPA 92/11 (LOW/HIGH DENSITY RESIDENTIAL CITY-WIDE) OPA92/12 (CENTRAL NEIGHBOURHOOD SECONDARY PLAN) PROVINCIAL CONSULTATION PAPER "APARTMENTS IN HOUSES" THE SECONDARY UNIT APARTMENT EXPERIENCE IN KITCHENER wished to know how residents feel, that a questionnaire should be sent out to the people asking their position on the matter, as it was an important one that could change the face of the community. He pointed out that if 30,000 responses from property owners of Kitchener were conveyed to the Province, that they are going to have to listen and that the method of response at this time was very important for both the existing government and future governments. Mr. Kresky stated that the question of affordability with respect to this topic was not relevant. In summary, Mr. Kresky stated that the legislation was designed exclusively to address a past problem relating primarily to the City of Toronto and he asked that a survey of single family homeowners be undertaken to obtain the support necessary to make Kitchener heard at the Provincial level. Mr. John Porr, 51 Cayley Court, advised that he had attended the Public Meetings held respecting intensification and that his concern related to illegal duplexes. He stated that until the City understands what numbers of illegal units exist, it was not appropriate to proceed with other initiatives that promote conversion. Accordingly, he stated that he was against the proposed Official Plan Amendments and questioned what liability the City might be faced with if there was a disaster involving an illegal unit that was legalized as a result of this amendment. Finally, he commented that increased densities as a result of duplexing would worsen both parking problems and water pressure in areas of the City. Mr. Grant Robinson, Merner Avenue, appeared as a delegation to comment on the duplexing issue. He advised that the only problem that he was aware of with respect to duplexing was where absentee landlords were involved. In this regard, he referred to his street where he was aware of 5 units where tenants live in duplexed homes where there were no problems as a result of the duplexes being owner occupied. However, the only one that was a problem was one where an PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 322 - NOVEMBER 9, 1992 absentee landlord situation existed. Accordingly, he asked that it be a requirement that duplexed homes be owner occupied. No other delegations responded to the Chairman's invitation to address the Committee on these matters. Mayor D.V. Cardillo indicated that he was in favour of allowing duplexes in all new subdivisions. Moved by Mayor D.V. Cardillo Seconded by Alderman G. Lorentz "That all Zoning By-laws implementing plans of subdivision for which applications were made after October 15, 1991, shall permit duplexes in all zoning categories that permit single detached dwellings covering 100 percent of the lots located in such subdivisions within such zoning categories." Alderman B. Stortz stated that whatever the City does, it would still have to abide by the regulations of Bill 90 and accordingly he suggested that the Official Plan Amendment should be deferred and that Council write to the Minister to ask for clarification as to what exemptions were being contemplated for Municipalities who have undertaken to generally comply with the intent of the legislation. Alderman T. Galloway stated that in his view it was not tokenism for the City to maintain the present status quo on how it was treating duplexing within new plans of subdivision. He suggested that it would be productive to maintain this status quo and that if the Provincial legislation did not become law, the City would be in a position to deal with the duplexing issue. PD 76~92 PD 78~92- PD 90~92- POLICY RE CONVERSION OF SINGLE DETACHED DWELLINGS TO TWO UNITS OPA 92/11 (LOW/HIGH DENSITY RESIDENTIAL CITY-WIDE) OPA92/12 (CENTRAL NEIGHBOURHOOD SECONDARY PLAN) PROVINCIAL CONSULTATION PAPER "APARTMENTS IN HOUSES" THE SECONDARY UNIT APARTMENT EXPERIENCE IN KITCHENER Mr. T. McCabe advised that the resolution which City Council previously approved related to applications for plans of subdivision that were made after October 15, 1991 and provided that a minimum of 50 percent of the lots located in such subdivisions would be designated to permit duplexing. Alderman C. Zehr stated that he would support the 50 percent requirement which would maintain the status quo in respect to the changes that the City has already initiated in the planning process with regard to duplexing. Moved by Alderman C. Zehr Seconded by Alderman T. Galloway "That the motion of Mayor D.V. Cardillo to permit duplexes in 100 percent of single detached lots be amended to a minimum of 50 percent of the lots." Alderman M. Yantzi stated that he supports a broader interpretation with regard to duplexing. Alderman M. Wagner stated that he was concerned with the motion and pointed out that by approving conversions in new subdivisions, the City was approving of the process of duplex conversion, which he maintained was a mistake. He commented that the City should be considering conversions in terms of what Council wants the City to become in future. Alderman G. Leadston stated that he had attended all the Public Information Meetings regarding intensification and stated that there was overwhelming citizen support of the position that there be no intensification policy. He indicated that he could support duplexing in new areas where ground rules were set in advance with everyone being aware that duplexing was permitted. Alderman J. Ziegler stated he also supports permitting duplexing in 50 percent of new subdivisions. Alderman B. Stortz maintained that supporting the motion was wrong as in effect, it supports the intent of Bill 90. The amendment of Alderman C. Zehr to the main motion of Mayor D.V. Cardillo was put to a vote and carried. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 323 - NOVEMBER 9, 1992 The main motion of Mayor D.V. Cardillo, as amended to 50 percent, was put to a vote and it was resolved: "That all Zoning By-laws implementing plans of subdivision for which applications were made after October 15, 1991, shall permit duplexes in all zoning categories that permit single detached dwellings covering a minimum of 50 percent of the lots located in such subdivisions within such zoning categories." Official Plan Amendments 92/11 and 92/12 were then dealt with. Moved by Alderman C. Zehr Seconded by Alderman T. Galloway That the Official Plan Amendment 92/11 (Second Dwellings in Single Detached Houses) listed herein and the by-law implementing same be approved, namely: SECTION 4 - THE AMENDMENT The Official Plan for the City of Kitchener is amended as follows: Section V.7. "Low Density Residential" is amended by inserting the following as the second paragraph in the text: "All zoning bylaws implementing plans of subdivision for which applications were made after October 15, 1991, shall permit PD 76/92 POLICY RE CONVERSION OF SINGLE DETACHED DWELLINGS TO TWO UNITS CPA 92/11 (LOW/HIGH DENSITY RESIDENTIAL CITY-WIDE) OPA92/12 (CENTRAL NEIGHBOURHOOD SECONDARY PLAN) PD 78/92 - PROVINCIAL CONSULTATION PAPER"APARTMENTS IN HOUSES" PD 90/92 - THE SECONDARY UNIT APARTMENT EXPERIENCE IN KITCHENER duplexes in all zoning categories that permit single detached dwellings covering a minimum of 50 percent of the lots located in such subdivisions within such zoning categories." Section V.8. "High Density Residential" is amended by inserting the following as the second paragraph in the text: "All zoning bylaws implementing plans of subdivision for which applications were made after October 15, 1991, shall permit duplexes in all zoning categories that permit single detached dwellings covering a minimum of 50 percent of the lots located in such subdivisions within such zoning categories." It is the opinion of this Committee that approval of this Official Plan Amendment is proper planning for the City. Carried Moved by Alderman B. Stortz Seconded by Alderman G. Lorentz That the Official Plan Amendment 92/12 (Central Frederick Neighbourhood Secondary Plan - Second Dwellings in Single Detached Houses) listed herein and the by-law implementing same be approved, namely: SECTION 4 - THE AMENDMENT That the Central Frederick Secondary Plan as approved by the Ontario Municipal Board on June 12, 1989 be revised as follows: That the designation now called "Single Detached Dwellings" be retitled "Low Density Conservation - A." PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 324 - NOVEMBER 9, 1992 2. That the text explaining this designation be replaced with the following: "The intent of the 'Low Density Conservation - A' designation is to preserve the scale, use and intensity of existing development. This designation is applied to those portions of the community where the majority of land use is single detached dwellings, and where the housing stock is stable and in good structural condition." "Permitted uses are restricted to single detached dwellings, the conversion of single detached dwellings to two units, duplexes, small group homes, private home day care and home occupations, and those semi-detached dwellings and triplexes which are in compliance with the Zoning By-law as of June 12, 1989." It is the opinion of this Committee that approval of this Official Plan amendment is proper planning for the City. Carried Following further discussion, the Committee agreed that a resolution should be sent to the Province regarding Bill 90. Moved by Alderman C. Zehr Seconded by Mayor D.V. Cardillo Whereas it is the City of Kitchener's position that a land use policy decision on accessory apartments in single family dwellings ought to be made at the local level by individual Municipal Councils. PD 76~92 PD 78~92- PD 90~92- POLICY RE CONVERSION OF SINGLE DETACHED DWELLINGS TO 'I'VVO UNITS OPA 92/11 (LOW/HIGH DENSITY RESIDENTIAL CITY-WIDE) OPA92/12 (CENTRAL NEIGHBOURHOOD SECONDARY PLAN) PROVINCIAL CONSULTATION PAPER "APARTMENTS IN HOUSES" THE SECONDARY UNIT APARTMENT EXPERIENCE IN KITCHENER (CONT'D) And, whereas the Province of Ontario has given first reading to Bill 90, An Act to amend the Planning Act and the Municipal Act with respect to Residential Units and Garden Suites. Therefore be it resolved, that the City of Kitchener strongly disagrees with the Province's position that second Residential Units be allowed as of right in all zoning areas. Carried The Chairman advised that these recommendations would be considered by City Council at its meeting to be held on Monday, November 23, 1992. ADJOURNMENT On motion, the meeting adjourned at 6:30 p.m. L. W. Neil, AMCT Assistant City Clerk PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 325 - NOVEMBER 9, 1992