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PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES
JANUARY 18, 1993
The Planning and Economic Development Committee met this date commencing at 3:10 p.m. under the
Chairmanship of Alderman J. Ziegler with the following members present: Mayor D.V. Cardillo and
Aldermen M. Wagner, T. Galloway, G. Leadston, G. Lorentz, J. Smola, B. Stortz, C. Weylie, M. Yantzi
and C. Zehr.
Officials Present:
Mr. T. McKay, Mr. S. Klapman, Mr. B. Stanley, Mr. T. McCabe, Mr. D. Mansell, Mr. J.
Witmer, Mr. Z. Janecki, Mr. K. Curtis, Ms. J. Given and Mr. P. Wetherup.
1. MINUTES
Moved by Alderman C. Weylie
Seconded by Mayor D.V. Cardillo
That the Minutes of the Planning and Economic Development Committee regular meeting held on
January 4, 1993, as mailed to the members, be accepted.
Carried
A welcome was extended to members of the University of Waterloo Planning Program who are
attending the meeting this date.
PD 132/92 - RESPONSE TO REGION EEAC REPORT RE BOUNDARY EXPANSION OF
ENVIRONMENTALLY SENSITIVE POLICY AREA #35.
Mr. B. Stanley advised that this matter was previously discussed and approved by the Planning
and Economic Development Committee at its January 4, 1993 meeting but was referred back to
the Committee by City Council. The referral came about as a result of the Region requesting that
clarification of issues be brought to the Committee's attention and that an opportunity for further
discussion be provided.
Mr. K. Curtis advised that Regional Staff objected to parts of Kitchener's interpretation of the
understanding that led to adoption of the Official Plan in 1979. Following the January 4th
Committee meeting, City and Regional Planning Staff held a meeting to exchange views. Mr.
Curtis then reiterated, at length, points of his presentation made at the January 4th Planning and
Economic Development Committee meeting. In addition, he clarified comments in Kitchener Staff
Report PD 132/92 about E.E.A.C. having approved a series of recommendations of its Sub-
Committee, when in fact, E.E.A.C. approved only one recommendation. This recommendation
dealt with expansion of the E.S.P.A. #35 boundary which was amended by E.E.A.C. to delete the
area (approximately 15 acres) shown as Block 134 on the draft Subdivision Plan. In summary, Mr.
Curtis stated that E.S.P.A. #35 conforms to the Community Plan and that by definition, the
E.S.P.A. #35 boundary as shown in the City and Regional Official Plans was approved by the
Minister.
Alderman M. Wagner commented that after hearing all of the facts relating to this matter, he was
satisfied that Monarch Construction Limited had not made any changes to its planning for the area
and that in fact it was E.E.A.C. that has made changes to the planning resulting in intrusion into
the Monarch lands. Mr. Curtis commented that Monarch Construction Limited was proceeding
with its subdivision based on planning that has taken place over the last 17 years. Alderman M.
Wagner questioned the open space being provided by Monarch and Mr. B. Stanley advised that in
the original plan dating to 1979, Monarch was providing over 17% open space and that this figure
was now higher even without the requested E.S.P.A. boundary expansion.
Alderman T. Galloway questioned the process in which this matter was dealt with and why
Kitchener acceded to a request of Regional Staff to review it when a Municipal Committee had
already approved it. Mr. B. Stanley advised that the Regional request was brought forward in the
interest of maintaining good staff level relationships between the City and the Region and to bring
to the attention of the Committee the fact that E.E.A.C. only dealt with the recommendation
relative to E.S.P.A.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
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JAN UARY 18, 1993
PD 132/92 - RESPONSE TO REGION EEAC REPORT RE BOUNDARY EXPANSION OF
ENVIRONMENTALLY SENSITIVE POLICY AREA #35. (CONT'D)
#35 arising out of recommendations made by its Sub-Committee. Mr. Stanley pointed out that this
was the first instance that he was aware of since formation of Regional Government that the City of
Kitchener has intervened into the E.E.A.C. process.
Alderman T. Galloway questioned what the meaning and outcome would be if the City was to
accept the expansion of the boundary of E.S.P.A. #35 as recommended by E.E.A.C. Mr. Stanley
stated that such approval would call into question certain policies in the Official Plan and also call
into question the value and status that Community Plans currently have. Further, he noted that
legal questions may arise as a result of change of the boundary and that in his view the decision to
be made on this matter was fundamental to the planning process. In response to a further
question, he advised that in the past the composition of Regional E.E.A.C. reflected a good
balance between Environmentalists and the Development Industry but that currently this does not
appear to exist and this may have affected recommendations forthcoming from the E.E.A.C. Sub-
Committee and E.E.A.C.
Mr. Mark Tutton, Monarch Construction Limited, 2025 Sheppard Avenue East, Willowdale,
appeared as a delegation and advised that he was in support of the recommendation in Staff
Report PD 132/92.
The Committee questioned whether anyone from the Region was in attendance at the meeting to
represent the Region's viewpoint. Mr. Martin, I advised that he was a member of Regional
Planning Staff but was in attendance to observe the proceedings only.
No other delegations were registered with respect to this matter.
Moved by Mayor D.V. Cardillo
Seconded by Alderman T. Galloway
That City of Kitchener Council advise the Council of the Regional Municipality of Waterloo that it
does not support the recommendation made by the Region of Waterloo Ecological and
Environmental Advisory Committee to expand the western boundary of E.S.P.A. #35 - Doon
Pinnacle Hill beyond the boundary that has been identified in the Doon South Community Plan
since the Plan's adoption by City of Kitchener Council on November 20, 1978 and the Plan's
approval by Regional Council on July 19, 1979.
Carried
The Chairman advised that this matter would be considered by City Council at its meeting to be
held on Monday, January 25, 1993.
PD 4/93 - REQUEST FOR EXTENSION TO DEADLINE.
- ZONE CHANGE APPLICATION 911311HICL (FELVIRA DEVELOPMENTS).
- HOMER WATSON BOULEVARD.
- FAIRVIEW WARD.
The Committee was advised that the applicant has requested that the time limit for satisfying
conditions be extended to June 19, 1992. It was noted that the Department supports the
requested extension since final approval of the Zoning By-law for the subject lands is necessary to
permit these lands to be developed together with the adjacent residential plan of subdivision in a
comprehensive manner.
Mr. P. Britton, MacNaughton Hermsen Britton Clarkson Planning Limited, 171 Victoria Street North
and Mr. Bill Green, Green & Associates, 155 Lexington Court, Waterloo, attended the meeting to
advise that they were in support of the staff recommendation.
No other delegations were registered respecting this matter.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
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JAN UARY 18, 1993
PD 4/93 - REQUEST FOR EXTENSION TO DEADLINE.
- ZONE CHANGE APPLICATION 911311HICL (FELVIRA DEVELOPMENTS).
- HOMER WATSON BOULEVARD.
- FAIRVlEW WARD. (CONT'D)
Moved by Alderman C. Zehr
Seconded by Alderman M. Wagner
That Kitchener City Council support an extension to the deadline for fulfilling conditions of
approval of Zone Change Application 91/31/H/CL (Felvira Developments Homer Watson
Boulevard) to June 19, 1993.
Carried
The Chairman advised that this recommendation would be considered by City Council at its
meeting to be held on Monday, January 25, 1993.
PD 130/92 PIONEER TOWER WEST.
OFFICIAL PLAN AMENDMENT APPLICATION 92/21 (J.H.S. PROPERTIES
LTD. AND KRIZSANDERSON DEVELOPMENTS LTD.)
- SOUTH WARD.
The Committee was in receipt of Planning and Development Staff Report PD 130/92 dated
December 2, 1992. The report deals with an Official Plan Amendment Application for the Pioneer
Tower West area submitted by J.H.S. Properties Limited and Krizsanderson Developments
Limited. It was noted that the application contemplates residential development on full municipal
services and proposes an alignment for the Collector Road. Currently no Plans of Subdivision or
Zone Changes are permitted to create residential lots until the approval of a Secondary Plan which
would deal with various matters including the alignment of a Collector Road.
Mr. T. McCabe advised that this review of the Pioneer Tower area was precipitated by Regional
policy relative to the impact of private systems. He then referred to correspondence from the
Region dated May, 1991 and direction from Regional Council of June 27, 1991. Mr. McCabe
pointed out that this review was included as a strategic priority of the Department and has been
delayed pending submission of background reports. He recommended the Committee
acknowledge the Official Plan Amendment application and direct it be processed; otherwise,
rejection of processing would result in the application being considered by the Ontario Municipal
Board and the residents would not have an opportunity for input and not be able to influence the
application itself. In response to Alderman T. Galloway, Mr. McCabe advised that the Ontario
Municipal Board would have the power to do anything in respect to the application.
Mr. P. Britton, MacNaughton Hermsen Britton Clarkson Planning Limited, advised that he was
appearing as a delegation to represent J.H.S. Properties Limited and Jerry Cybalski and that he
was in support of the recommendation to process the application, which was a routine matter. He
noted that the merits of the application were not under consideration and that an information open
house had been held by the applicant to bring the application to the attention of the
neighbourhood and involve them in the process. Mr. Britton commented that the Province has
released servicing guidelines and it was necessary to review servicing options. He advised that
the applicant was ready to work with staff and with the community to resolve issues of concern
through the planning process.
In response to Alderman T. Galloway, who questioned if an increase in density was the reason for
the Official Plan Amendment application, Mr. Britton advised that there were several reasons for
the Official Plan Amendment which include: resolution of the Collector Road issue, a review of
density and relevant servicing requirements and other issues of concern that would unfold as the
planning process takes place.
Mr. B. Green, Green & Associates appeared as a delegation on behalf of Krizsanderson, a co-
applicant that owns approximately 58 acres of land west of Lulus that backs onto the lands of
J.H.S. Properties. He advised that he foresaw full services within the area that would achieve a
mix of housing. Accordingly, he stated that he supported the
PLANNING AND ECONOMIC - 10 - JANUARY 18, 1993
DEVELOPMENT COMMITTEE
PD 130/92 PIONEER TOWER WEST.
OFFICIAL PLAN AMENDMENT APPLICATION 92/21 (J.H.S. PROPERTIES
LTD. AND KRIZSANDERSON DEVELOPMENTS LTD.)
- SOUTH WARD. (CONT'D)
recommendation in the staff report and requested that the planning process be started.
Mr. Rinze Vanderwerff, 24 Marquette Drive, President of the Pine Grove Community Association,
advised the Committee that the residents were satisfied with the current approved Official Plan for
the area which provides for 6 units per hectare for any new development and that they want to
retain similar density for new areas. He advised that the entire area was presently service by
private wells and septic systems. Mr. Vanderwerff commented that new development would have
several impacts on the area including: change in appearance, expensive full municipal services
and a change in traffic flows.
Mr. Lawrence Beckett, appeared as a delegation on behalf of the Pioneer Sportsman's Club,
Pioneer Tower Road. He noted that the Club has been in its present location for 40 years and that
the Club had a concern with respect to its relationship with the community, especially with regards
to any newly developing areas where future owners might not be aware of the existence of the
Club activities. Accordingly, Mr. Beckett requested to participate in the planning process and
advised that their intent was to ensure that a warning clause was put on title within the future
Subdivision Agreement that would require Offers of Purchase to include a clause acknowledging
that a Sportman's Club was active in the area. In response to Alderman G. Lorentz, he advised
that the Club operates a gun range that new residents might not be aware of but that the Club also
operates activities involving hiking, camping and cross country skiing within its 113 acres. Aisc,
he advised that new residents would be offered the opportunity to participate in the Club's
facilities.
Mr. James Richard, 194 Weber Street, appeared as a delegation representing the ratepayers of
the Grandhill Village Association. He advised that his clients request deferral of the application so
as to allow the co-applicants to fully develop their subdivision plans, which could subsequently
then be considered by the residents.
Committee members commented that they thought the application process would allow for various
details to be sorted out among the two applicants and area residents. Mr. Richard stated that he
thought a deferral might actually expedite the process if preliminary discussions resulted in
general acceptance of the application by residents.
Alderman C. Zehr stated that the Planning Act provides for participation and consultation and
noted that the process could be jeopardized if another approach was taken. Mr. Richard
maintained that it would be beneficial to everyone to know what they would end up with before the
application proceeds. Alderman T. Galloway stated that it was the City's intent to process a Plan
of Subdivision concurrently with this application.
Mr. T. McCabe advised at this point that staff have instructed the applicants not to submit any
Plans of Subdivision until they have a response from the neighbourhood as they did not want to
see development details drive the Official Plan policy.
Mr. B.M. Hiscott, appeared as a delegation and noted that staff did not want to prejudge the
application; however, he stated the residents are concerned with process, particularly since the
neighbourhoods spent 4 years working on the existing Official Plan. He asked that all residents
south of the Grand River be notified of the Official Plan review.
Alderman T. Galloway stated that he supported the recommendation in the staff report so as to
avoid having the application appealed to the Ontario Municipal Board which would then have
exclusive rights to deal with approval of the application. However, he stated that he thought the
application was premature given the fact that many questions pertaining to engineering matters
and community amenities have yet to be addressed and resolved.
PLANNING AND ECONOMIC - 11 - JANUARY 18, 1993
DEVELOPMENT COMMITTEE
PD 130/92 PIONEER TOWER WEST.
OFFICIAL PLAN AMENDMENT APPLICATION 92/21
LTD. AND KRIZSANDERSON DEVELOPMENTS LTD.)
- SOUTH WARD. (CONT'D)
No other delegations were registered respecting this matter.
(J.H.S. PROPERTIES
Moved by Alderman C. Weylie
Seconded by Mayor D.V. Cardillo
That Official Plan Amendment Application 92/21 (J.H.S. Properties Ltd. and Krizsanderson
Developments Ltd.) affecting the Pioneer Tower West area be accepted for processing, with the
clear understanding that processing in no way implies acceptance or rejection of the application.
Carried
The Chairman advised that this recommendation would be considered by City Council at its
meeting to be held on Monday, January 25, 1993.
5. REQUEST FOR BUSINESS USE - 303 HIGHLAND ROAD WEST.
Ms. Joyce Lynn Richards, 128 Dekay Street was registered as a delegation to request the
Committee's consent to her locating a bridal rental business at 303 Highland Road West which is
currently zoned Residential R-3.
Mr. T. McCabe advised that Planning staff have had discussions with Mr. Peter Melnichuk,
Homelife-Schnarr Realty, who was informed that such a use at 303 Highland Road West would
require an Official Plan Amendment and rezoning of the property since it was zoned Residential.
He suggested that the request probably came about as a result of the Committee's action relative
to business use of a property on Kingsway Drive.
Ms. Richards advised that the location would allow her to live adjacent to the business which must
be close to her place of work. She noted that she must maintain her current employment as a
condition of a business venture loan and could not afford rental of separate business and
residential properties.
Mr. T. McCabe pointed out that the Kingsway Drive example related to a property that was Service
Commercial and not Residential. In response to Alderman C. Zehr, Mr. McCabe advised that he
was aware of some properties that would meet Ms. Richards' requirements.
Alderman J. Ziegler commented that what Ms. Richards was asking the Committee to do was to
change the way the City designates between commercial and residential uses.
Alderman M. Yantzi suggested to Ms. Richards that she search out houses with a dwelling unit in
a Service Commercial Zone.
Mr. T. McCabe commented that there were many types of zoning that permit what she is proposing
and it was requested that Planning Staff assist Ms. Richards to locate appropriate properties in
zones that meet her needs.
Moved by Alderman M. Yantzi
Seconded by Mayor D.V. Cardillo
That no action be taken on the request of Ms. Joyce-Lynn Richards to be allowed to locate a bridal
rental business within property currently zoned R-3 situate at 303 Highland Road West.
Carried
The Chairman advised that this recommendation would be considered by City Council at its
meeting to be held on Monday, January 25, 1993.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
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JAN UARY 18, 1993
5. ADJOURNMENT
On motion, the meeting adjourned at 4:48 p.m.
L. W. Neil, AMCT
Assistant City Clerk