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HomeMy WebLinkAboutPlng & Econ Dev - 1993-01-18PED\1993-01-18 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 -8- 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 -9- 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 -12- JAN UARY 18, 1993 5. ADJOURNMENT On motion, the meeting adjourned at 4:48 p.m. L. W. Neil, AMCT Assistant City Clerk