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HomeMy WebLinkAboutPlng & Econ Dev - 1993-02-01PED\1993-02-01 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES FEBRUARY 1, 1993 The Planning and Economic Development Committee met this date commencing at 3:15 p.m. under the Chairmanship of Alderman J. Ziegler with the following members present: Aldermen C. Weylie, G. Leadston, J. Smola, T. Galloway, M. Wagner, B. Stortz and M. Yantzi. Alderman G. Lorentz entered the meeting shortly after its commencement. Officials Present: Mr. B. Stanley, Mr. T. McCabe, Ms. S. Frenette, Ms. V. Gibaut, Mr. J. Witmer, Mr. L. Masseo, Mr. J. Willmer, Mr. G. Borovilos, Ms. C. Ladd, Mr. D. Mansell and Mr. L.W. Neil. 1. MINUTES Moved by Alderman B. Stortz Seconded by Alderman C. Weylie That the Minutes of the Planning and Economic Development Committee regular meeting held on January 18, 1993, as mailed to the members, be accepted. Carried 2. PD 7~93 - POLICY APPROACH TO APPROVAL OF ZONE CHANGES FOR GRAVEL PITS RE: CONDITION REQUIREMENTS. -- AND -- 1764 HURON ROAD. CHANGE TO CONDITIONS OF APPROVAL. ZONE CHANGE APPLICATION 90/15/H/JW. ROCKWAY HOLDINGS LIMITED. - SOUTH WARD. The Committee was in receipt of Planning and Development Staff Report PD 7/93 dated January 27, 1993. The report deals with firstly, a Policy Approach to Approval of Zone Changes for Gravel Pits and secondly, a Change to Conditions of Approval for Zone Change Application 90/15/H/JW of Rockway Holdings Ltd., 1764 Huron Road. The staff report is appended hereto and forms part of these minutes as background information. Mr. T. McCabe advised the Committee that since City Council's July 13, 1992 approval of the Rockway Holdings Zone Change, the City Solicitor was of the opinion that even though the approval was consistent with Kitchener's past practice, there was no legal authority to set conditions of approval and that the Ministry of Natural Resources (MNR) has sole jurisdiction. He pointed out that while staff have suggested several alternatives within the staff report, there was clearly only one legal course of action. In reference to particular issues of concern, Mr. J. Willmer referred to items (d) and (e) under recommendation (2) (B) 3 of the staff report. He advised that the Ministry would not include (d) on the site plan and it appears the City can regulate the haulage route under its traffic regulations. With respect to (e) he advised that Planning Staff have concern relative to the Ministry's ability to enforce (e) given the Ministry's staffing level. In reference to (2) (B) 4, he advised that a portable asphalt plant was not permitted on the site under the Zoning By-law. Alderman G. Lorentz entered the meeting at this point. Alderman T. Galloway expressed concern over the ability of the Ministry of Natural Resources to actually enforce their own regulations given their staffing problems. Since the Ministry was getting involved in a process that the City used to administer, he questioned what assurances the residents could expect that their concerns/complaints would be heard. Mr. J. Wallace advised that he had discussed the matter with Mr. S. Thatcher of the Ministry of Natural Resources Policy Branch. The PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE -14- FEBRUARY 1, 1993 2. PD 7~93 - POLICY APPROACH TO APPROVAL OF ZONE CHANGES FOR GRAVEL PITS RE: CONDITION REQUIREMENTS. -- AND -- 1764 HURON ROAD. CHANGE TO CONDITIONS OF APPROVAL. ZONE CHANGE APPLICATION 90/15/H/JW. ROCKWAY HOLDINGS LIMITED. - SOUTH WARD. (CONT'D) Ministry will accept Notes on the site plan and Notes on conditions for the licence but the Ministry will not address the haulage route issue. Mr. Paul Puopolo, Planning Initiatives Limited, 370 Queen Street South, appeared as a delegation on behalf of Rockway Holdings. He noted that Ministry of Natural Resources Site Plan Notes on the Plan were legally enforceable. In summary, he indicated that essentially the process does not change and that he was in support of the recommendations in the staff report. Mr. T. McCabe questioned what assurance could be given that the MNR will include the Notes on the site plan. Mr. Puopolo advised that they would be incorporated on the Plan virtually all of the time. In response to Alderman T. Galloway, Mr. Puopolo advised that the MNR would advertise the gravel pit licence application but not circulate it. Mr. T. McCabe indicated that the City's zone change process would still remain the same. Mr. P. Britton, MacNaughton Hermsen Britton Clarkson Planning Limited, 171 Victoria Street North, appeared as a delegation on behalf of Stamm Investments Limited which proposes a pit at Bleams Road/Gehl Place. He stated that he was in support of the process that first deals with the matter of zoning and then with licencing of the pit. He noted that as part of the process he had tried to incorporate consultation with the MNR and the City of Kitchener to reach agreement on what conditions of the licence should be. He suggested that the MNR be requested to provide a letter with respect to the acceptability of conditions. Mr. Britton noted that his client's application had been bogged down and requested that the application be scheduled for a public meeting in April. Further discussion of concerns took place and Mr. J. Wallace emphasized that the City could not through its action, portray itself as providing a level of protection that it legally could not. Alderman T. Galloway commented that he thought the planning process had been falsified through these procedures and resulted in an inability of the Municipality to exercise control in these matters. No other delegations responded to the Chairman's invitation to address the Committee on this matter. The recommendation in this staff report were then considered and dealt with separately. Part one was voted on and agreed to. Part two was voted on and agreed to subject to deletion of 2.B.3 (d) and re-lettering of 2.B.3 (e) to 2.B.3 (d). The recommendation, as revised, was then considered. Moved by Alderman G.L. Leadston Seconded by Alderman B. Stortz (1) That the following be adopted as the City of Kitchener's consistent approach, in the future, to approval of zone changes for gravel pits: Municipal concerns which can be addressed by the Ministry of Natural Resources will be incorporated in a Council resolution requesting that the Minister, when considering the pit licence application, have regard to the matters specified and address them either as conditions on the licence or by revising the site plans which will form part of the licence. The resolution would be passed at the same time Council considers the associated zone change application. PLANNING AND ECONOMIC - 15 - FEBRUARY 1, 1993 DEVELOPMENT COMMITTEE PD 7/93 - POLICY APPROACH TO APPROVAL OF ZONE CHANGES FOR GRAVEL PITS RE: CONDITION REQUIREMENTS. -- AND -- 1764 HURON ROAD. CHANGE TO CONDITIONS OF APPROVAL. ZONE CHANGE APPLICATION 90/15/H/JW. ROCKWAY HOLDINGS LIMITED. - SOUTH WARD. (CONT'D) Municipal concerns which cannot be addressed by the Ministry of Natural Resources must be satisfactorily addressed by the applicant prior to three readings of the proposed by-law, without the imposition of a development agreement. That City Council acknowledge that enforcement of conditions and site plans for gravel pits is the sole responsibility of the Ministry of Natural Resources. (2) That the July 13, 1992, Council resolution approving Zone Change Application 90/15/H/JW (Rockway Holdings Ltd.) be rescinded and replaced with the following: (A) That Zone Change Application 90/15/H/JW requesting a change in zoning from Agricultural (A-l) to Agricultural (A-l) with special use and special regulation provisions on Lots 10-14 inclusive, 24-26 inclusive and Part Lots 9 and 23, Registered Plan 585 and Part Lot 149, German Company Tract, be approved in the form shown in the Proposed By-law, attached, dated June 4, 1992, subject to the following conditions being satisfied prior to any readings of the By-law by Council: To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk, that all Regional requirements have been satisfied with respect to the proposed development. The owner acknowledges that Condition 1 hereof is required to be satisfied no later than seven (7) months from Council having approved the amending zoning by-law relative to the Zone Change Application 90/15/H/JW by resolution. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. It is the opinion of this Committee that the approval of these revisions is proper planning for the City. (B) That the Ministry of Natural Resources have regard to the following matters in considering the application of Rockway Holdings Limited for a Class A Licence on Lots 10-14 inclusive, 24-26 inclusive and Part Lots 9 and 23, Registered Plan 585 and Part Lot 149, German Company Tract: Approval by the City of Kitchener of a zoning by-law to permit a pit is based on the Existing Features Plan, Operational Plan and Notes, and Progressive Rehabilitation and Final Rehabilitation Plans and Notes, dated 92 04 06 and attached to Staff Report PD 58/92. The City of Kitchener requests that the following be shown on the Aggregate Resources Act site plans: (a) Landscaping, including planting and surfacing details, for all areas outside the Limits of Extraction, as shown on the Landscape Plan prepared by Planning Initiatives Ltd., dated August 16, 1992; (b) Grading and drainage control details, including detailed erosion and siltation control features, for all areas outside the Limits of Extraction, as shown on the Erosion Control Plan prepared by Planning Initiatives Ltd., dated September 9, 1992; PLANNING AND ECONOMIC - 16 - FEBRUARY 1, 1993 DEVELOPMENT COMMITTEE PD 7/93 - POLICY APPROACH TO APPROVAL OF ZONE CHANGES FOR GRAVEL PITS RE: CONDITION REQUIREMENTS. -- AND -- 1764 HURON ROAD. CHANGE TO CONDITIONS OF APPROVAL. ZONE CHANGE APPLICATION 90/15/H/JW. ROCKWAY HOLDINGS LIMITED. - SOUTH WARD. (CONT'D) 3. The City of Kitchener requests that the following Aggregate Resources Act site plans: notes be included on the (a) Landscaping to be completed within one year of commencing the stripping of topsoil on site. Implementation of the approved landscaping plan to be verified by a qualified Landscape Architect. Landscaping to be maintained in an acceptable state for the life of the proposed pit. (b) Berms will be designed and constructed to ensure that natural drainage to and from the site is not impeded or restricted and further, that there will be compatible drainage with abutting properties and public rights-of-way. All erosion and siltation control measures to be implemented prior to the commencement of any site grading. Site grading and drainage scheme to be implemented in accordance with the approved plan within one year of commencing the stripping of topsoil for the affected phase. Erosion and siltation control measures to be maintained for the life of the proposed pit. (c) Owing to the proximity of nearby dwellings, berm construction shall not occur in the months of June, July or August. (d) The operation of any machinery or equipment used in conjunction with the pit, other than water pumping equipment, shall not occur between the hours of seven o'clock in the afternoon (local time) and seven o'clock in the morning (local time) of the next day or on any Sunday or holiday unless written permission is obtained from the City of Kitchener's Commissioner of Public Works for special projects. The City of Kitchener objects to the inclusion of Note 24 on the Operational Plan as no application has been made to the City of Kitchener to permit a portable asphalt plant on the site, and it is not a permitted use in the zoning by-law. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, February 8, 1993. Moved by Alderman T. Galloway Seconded by Alderman G.L. Leadston That the City of Kitchener express its concern to the Ministry of Natural Resources over the planning process with respect to approval and licencing of gravel pits and the inability of residents to participate within the site plan process. (Motion Lost) PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE -17- FEBRUARY 1, 1993 PD 129/92 PIONEER TOWER EAST AREA. OFFICIAL PLAN AMENDMENT APPLICATION 92/9. ZONE CHANGE APPLICATION 921231SILM. MINISTRY OF GOVERNMENT SERVICES/MINISTRY OF TRANSPORTATION. - SOUTH WARD. The Committee was in receipt of Planning and Development Staff Report PD 129/92 dated January 5, 1993 regarding a joint Official Plan Amendment Application and Zone Change Application submitted by the Ministry of Government Services/Ministry of Transportation relative to an area of land located in the Pioneer Tower East planning community. The subject lands comprise an area of approximately 52 hectares (128.5 acres) and are generally bounded by the Kitchener-Cambridge boundary to the east, the Grand River Railway to the north, and the Highway #8 By-pass to the south and west. The staff report text is appended hereto and forms part of these minutes as background information. The Official Plan Amendment would firstly, change the Official Plan land use designations on lands legally described as Part of Lots 8, 9, 13, 21, 22, 23 and 24, Beasley's Broken Front Concession, from Industrial to Business Park and Major Open Space and secondly, the Amendment will resolve the existing "Deferral" in the Official Plan which applies to a portion of the subject lands. In this regard, the Committee considered the Official Plan Amendment report illustrating the lands which are the subject of the change which are shown on Schedule "A" attached to the report. The proposed rezoning application would change the zoning from Industrial (I) and Highway Commercial (HC) under Township of Waterloo Zoning By-law 878-A to Open Space (P-2), Restricted Business Park (B-2) with a Special Use Provision, Business Park Service Centre (B-3) with a Special Regulation Provision, and Service Commercial (C-6) with a Special Regulation Provision, all under Zoning By-law 85-1. Attached to the staff report was a proposed Zoning By- law dated January 7, 1993. It was pointed out that notice that the Committee would hold a public meeting this date to consider these matters had previously been given. Mr. L. Masseo pointed out that the purpose of the applications was to allow the Ministries to either develop or sell the subject lands. He made specific reference to the existence of two notable physical characteristics within the subject lands, both of which were dealt with in the staff report, being firstly, the existing Freeport Esker and secondly, the red maple swamp east of Sportsworld Drive. Mr. Masseo noted that in respect to lands proposed to be designated Business Park, he advised that the City of Cambridge had expressed some concern to the Region on the basis that development would affect their options with respect to the Cambridge Transportation Study; however, he pointed out that the Study has no status currently. Alderman T. Galloway questioned what the impact of the applications would be on the Freeport Esker. Mr. L. Masseo responded and pointed out that no more land will be removed from the Esker than what has previously been approved. It was emphasized that the remaining portions of the Esker and Wetlands would be protected. Mr. Brian Bateman, Planning Initiatives Limited, appeared as a delegation on behalf of the Ministry of Government Services with Mr. John Tamm of the Ministry and he indicated that the applicants were in support of the recommendations contained in the staff report. No other delegations responded to the Chairman's invitation to address the Committee on this matter. Moved by Alderman B. Stortz Seconded by Alderman M. Yantzi That, City Council approve the Official Plan Amendment, (Ministry of Government Services/Ministry of Transportation - Pioneer Tower East), being an amendment to the Kitchener Official Plan to: (i) Amend Map 1 - Plan for Land Use as shown on the attached Schedule "A", and; PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE -18- FEBRUARY 1, 1993 PD 129/92 - SOUTH WARD. (ii) PIONEER TOWER EAST AREA. OFFICIAL PLAN AMENDMENT APPLICATION 92~9. ZONE CHANGE APPLICATION 921231SILM. MINISTRY OF GOVERNMENT SERVICES/MINISTRY TRANSPORTATION. (CONT'D) OF Amend Section IV. 11 "Policies for Specific Areas" by adding the following clause (e) to existing Special Policy 11 .xlvi: "(e) Notwithstanding the designation of Business Park on certain portions of the lands located between the Highway #8 By-pass and the Kitchener- Cambridge municipal boundary, free standing offices will be permitted." It is the opinion of this Committee that the approval of this Amendment to City's Approved Official Plan is proper planning. That, Zone Change Application 92/23/S/LM (Ministry of Government Services/Ministry of Transportation) requesting a change in zoning from Industrial (I) and Highway Commercial (HC) under Township of Waterloo Zoning By-law 878-A to Open Space Zone (P-2), Restricted Business Park Zone (B-2) with a Special Use Provision, Business Park Service Centre Zone (B-3) with a Special Regulation Provision, and Service Commercial Zone (C- 6) with a Special Regulation Provision all under Zoning By-law 85-1 on lands described as Part of Lots 8, 9, 13, 21, 22, 23 and 24, Beasley's Broken Front Concession, be approved in the form shown in Proposed By-law attached, dated January 7, 1993. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with a recommended Amendment to the City's Approved Official Plan. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, February 8, 1993. MR. D. TRAVERS 885 GLASGOW STREET/FISCHER-HALLMAN ROAD. REQUEST FOR OFFICIAL PLAN INTERPRETATION. - WEST WARD. Mr. D. Travers appeared as a delegation on behalf of Northport Landing Inc., and displayed sketches of a site plan and proposed building regarding a planned 5100 square foot Health Clinic on a vacant parcel of lands situate at 885 Glasgow Street/Fischer-Hallman Road. The proposal was previously approved by the Committee; however, he stated that his purpose was to request the Committee consider liberalization of interpretation of the City's Official Plan Policies. Mr. Travers advised that client has found that Health Clinics of the size originally proposed are no longer popular in the market place since larger more full service clinics have come into favour. He pointed out that such a site is located on the opposite side of Fischer-Hallman Road on the lands developed by Monarch Construction Limited. Mr. Travers advised that he had been approached by a major insurance company that wishes to occupy his client's lands for office use by a financial service establishment rather than a medical office use. He stated that it was his understanding that a bank use would be permitted but not a business office use only. Accordingly, he requested that the Committee consider interpretation and liberalization of its Official Plan Policies in this matter. Mr. Travers pointed out that the adjoining land owner, Condominium Corporation #16, has provided a letter advising that they do not object to the requested new use and are of the opinion that the new use would be more appropriate than the previously planned medical clinic use. Mr. Travers expressed fear that should an Official Plan Amendment be required that the delay of such a process would jeopardize the current proposal. PLANNING AND ECONOMIC - 19 - FEBRUARY 1, 1993 DEVELOPMENT COMMITTEE MR. D. TRAVERS 885 GLASGOW STREET/FISCHER-HALLMAN ROAD. REQUEST FOR OFFICIAL PLAN INTERPRETATION. -WESTWARD. (CONT'D) The Committee gave lengthy consideration to Mr. Traver's request. Concern was expressed that the Committee was being asked to make a significant interpretation of the Official Plan and that it would be appropriate for the matter to be deferred two weeks to allow staff an opportunity to prepare a formal report on the request. In response to the Committee, Ms. V. Gibaut stated that the Economic Development Department was in complete support of the request. Moved by Alderman B. Stortz Seconded by Alderman M. Yantzi That the Department of Planning and Development and the Department of Economic Development prepare reports, for consideration at the February 15th Planning and Economic Development Committee meeting, that address the pros and cons of the request by Mr. D. Travers acting on behalf of Northport Landing Inc. for liberalization of interpretation of Official Plan Policies with respect to development of a vacant parcel of land (885 Glasgow Street/Fischer-Hallman Road) with offices for a financial establishment rather than a medical office use. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, February 8, 1993. PD 3~93 -INTERIM CONTROL BY-LAW 91-215. - AMUSEMENT ARCADES. The Committee was in receipt of Planning and Development Staff Report PD 3/93 dated January 11, 1993, recommending repeal of Interim Control By-law 91-215 relative to Amusement Arcades. It was noted in the report that the new Downtown Official Plan and Zoning permit Amusement Arcades in appropriate areas of the Downtown and in both Regional and Community Shopping Centres and the Community Commercial Core designation. Accordingly, since the appropriate reviews have been completed, and a Zoning By-law is now in place for the Downtown, Interim Control By-law 91-215 should be repealed. Moved by Alderman B. Stortz Seconded by Alderman C. Weylie That, Council for the City of Kitchener repeal Interim Control By-law 91-215. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, February 8, 1993. PD 5~93 - STAFF RESPONSE TO 1992 ANNUAL REPORT OF THE PROVINCIAL AUDITOR RE NON-PROFIT HOUSING PROGRAM. The Committee was in receipt of Planning and Development Staff Report PD 5/93 prepared by the Housing Division in response to the 1992 Annual Report of the Office of the Provincial Auditor with respect to Audit of the Non-Profit Housing Program. Alderman J. Ziegler vacated the Chair which was assumed by Alderman C. Weylie, Vice- Chairman, who conducted this portion of the meeting. It was pointed out in the report that its purpose was to (1) provide a municipal perspective to the Auditor's observations, (2) report on the activities of Kitchener Housing Inc. in light of the Auditor's findings and (3) comment on some of the inaccurate statements found in the report. PLANNING AND ECONOMIC - 20 - FEBRUARY 1, 1993 DEVELOPMENT COMMITTEE PD 5/93 - STAFF RESPONSE TO 1992 ANNUAL REPORT OF THE PROVINCIAL AUDITOR RE NON-PROFIT HOUSING PROGRAM. (CONT'D) Ms. Frenette acknowledged that the non-profit housing program was a costly one that is geared to a supply orientation intended to increase the number of rental housing units in the community, She again stressed that there were some factual errors in the Auditor's report and quickly reviewed details under the following topics listed within the staff report: a) b) c) d) e) f) g) h) Need and Demand Studies. Maintenance of Income Targeting. Expected Decline in Construction Costs and Land Prices. Highest and Best Use Appraisals. Competitive Procurement Practices. Operating Costs. Tenant Placement. Unit Allocations. Alderman J. Ziegler advised that he did not disagree with the fact that Kitchener Housing Inc. is one of the most efficient producers of non-profit housing. However, he indicated that he had a concern with the system that Kitchener Housing must operate within and the final cost of non-profit housing itself in comparison to an alternative program of rent supplement utilizing housing supplied by private landlords. He suggested that we should encourage the Province to study the rent subsidy alternative and if it was found that rent subsidy would cost less, then non-profit housing could be phased out. Alderman J. Ziegler proposed a Motion that the Committee discussed and which under when several revisions before formal consideration. Moved by Alderman J. Ziegler Seconded by Alderman G.L. Leadston That the City of Kitchener request the province to examine the benefits of implementing a rent subsidy program including the possibility of rent protection for landlords, and in conjunction with that consider varying the non-profit housing program to meet municipal objectives and fill the housing need more cost effectively. Carried The Vice-Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, February 8, 1993. On another aspect of this matter and after Committee discussion, it was agreed to request Kitchener Staff to analyze the monthly cost of Kitchener Non-Profit Housing Inc. operations in comparison to the Provincial average. The recommendation in staff report PD 5/93 was then considered. Moved by Alderman B. Stortz Seconded by Alderman M. Yantzi That Council receive Kitchener Department of Planning and Development Housing Division Staff Report PD 5/93 and forward it to the Ministry of Housing for their information. Carried The Vice-Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, February 8, 1993. Alderman C. Weylie then vacated the Chair which was assumed by Alderman J. Ziegler who conducted the remainder of the meeting. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE -21 - FEBRUARY 1, 1993 PD 6~93 - REQUEST FOR APPROVAL OF STREET NAMES. - SUBDIVISION APPLICATION 30T-86035 (DREWLO HOLDINGS INC.). - FAIRVIEW WARD. The Committee was in receipt of Planning and Development Staff Report PD 6/93 dated January 25, 1993 concerning proposed Street Names for the Drewlo Holdings Inc. Subdivision situate at Homer Watson Boulevard/Bleams Road. The Department of Planning and Development recommends approval given that all concerned parties are in agreement. Moved by Alderman B. Stortz Seconded by Alderman M. Wagner That the following proposed street names be approved for Draft Plan of Subdivision 30T-86035 (Drewlo Holdings Inc.): Street One Fallowfield Drive Street Two Dakota Street Street Three Hanover Street Street Four Brisbane Drive Street Five Joshua Street Street Six Parkin Street Street Seven Britton Place Street Eight Fallowfield Court Street Nine Anastasia Drive Street Ten Fallview Street Street Eleven Fallview Court Street Twelve Anastasia Drive Street Thirteen Jeffrey Place Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, February 8, 1993. ADJOURNMENT On motion, the meeting adjourned at 5:40 p.m. L. W. Neil, AMCT Assistant City Clerk