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HomeMy WebLinkAboutPlng & Econ Dev - 1993-05-17PED\1993-05-17 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES MAY 17, 1993 The Planning and Economic Development Committee met this date commencing at 3:25 p.m. under the Chairmanship of Alderman J. Ziegler with the following members present: Aldermen C. Weylie, M. Wagner, M. Yantzi, J. Smola, G. Leadston and B. Stortz. Mayor D.V. Cardillo, Aldermen G. Lorentz, C. Zehr and T. Galloway entered the meeting after its commencement. Officials Present: Mr. S. Klapman, Mr. B. Stanley, Mr. T. McCabe, Mr. D. Snow, Ms. S. Frenette, Mr. J. Wallace, Mr. J. Shivas, Ms. V. Gibaut, Mr. R. Mattice, Mr. K. Curtis and Mr. L.W. Neil. 1. MINUTES Moved by Alderman J. Smola Seconded by Alderman M. Wagner That the Minutes of the Planning and Economic Development Committee meeting held on May 3, 1993, as mailed to the members, be accepted. Carried 2. CORRESPONDENCE - Nil 3. ECONOMIC DEVELOPMENT DEPARTMENT -APRIL MONTH END REPORT The Committee was in receipt of the Weekly Activity Reports of the Economic Development Department for the month of April. Ms. V. Gibaut advised that this was the last report that would be set out in this format and that the report for the month of May would be streamlined. In addition, she commented that the Department would provide the Committee with a report on Economic Twinning at its next meeting. Alderman B. Stortz referred to the recent sale of the Uniroyal property on Weber Street and Mr. G. Borovilos clarified how the property was to be utilized by Custom Trim. PD 40/93 - REVISIONS TO MUNICIPAL HOUSING STATEMENT. The Committee was in receipt of Planning and Development Staff Report PD 40/93 dated May 3, 1993 dealing with revisions to the City's Municipal Housing Statement. It was noted in the report that Council had approved the Municipal Housing Statement on October 26, 1992 and referred it to the Regional Municipality of Waterloo for approval. The Region subsequently requested that certain revisions be undertaken in order to obtain approval by the Region. These revisions have been addressed by including reference in Staff Report PD 40/93 to other documents where information and policy direction has been previously set out. Alderman M. Wagner referred to the issue of Housing Intensification referred to on Page 3 of the staff report and the extent of approval given by Council. He commented that he did not think the City had a real policy on intensification and that the City had not gone far enough. He indicated that he would further discuss the matter with Ms. Frenette and raise the matter at Council when the new Municipal Plan was dealt with. Moved by Alderman B. Stortz Seconded by Alderman M. Wagner 1) That Kitchener Council approve Planning and Development Staff Report PD 40~93, which has been prepared as an addendum to the Municipal Housing Statement. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 93 - MAY 17, 1993 PD 40/93 - REVISIONS TO MUNICIPAL HOUSING STATEMENT. (CONT'D) 2) That Kitchener Council refer the Council Approved (October 15, 1991) Housing Intensification Report to the Regional Municipality of Waterloo for approval. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 25, 1993. Mayor D.V. Cardillo entered the meeting at this point. PD 48/93 - TRANSITIONAL PROCEDURES FOR ZONE CHANGE APPLICATIONS WITHIN LANDS AFFECTED BY THE CITY'S STAGE 6/7 COMPREHENSIVE ZONING BY- LAW. The Committee was in receipt of Planning and Development Staff Report PD 48/93 dated May 13, 1993. Mr. T. McCabe advised that the report deals with proposed Transitional Procedures for Zone Change Applications Within Lands Affected by the City's Stage (5/7 Comprehensive Zoning By-law which affects thousands of properties. It was noted in the report that "the purpose of this report and its recommendations is to resolve a major potential complication of how not to freeze all development in the entire Stage (5/7 Area pending final Ontario Municipal Board Approval of the Stage (5/7 Comprehensive Zoning By-law." Mr. McCabe then commented on the technicalities of the process involving these properties which would in effect be zoned under two Zoning By-laws during a hiatus period until receipt of Ontario Municipal Board approval and the procedure to accommodate development during this period. In particular, he noted that for site specific zone changes submitted after June 1, 1993 it was being recommended that the City require the submission of two zone change applications and two application fees. Also, he pointed out that the City's Staging of Development Report would take on added importance. Aldermen G. Lorentz and C. Zehr entered the meeting at this point. The Committee discussed the issue of collecting two fees as recommended by staff. Mr. T. McCabe commented that it was a matter of choice on the part of a property owner/developer in that if they did not wish to get caught in the freeze, the procedure of two zone change applications and two fees was a method to avoid it. Committee members were not supportive of this approach. Moved by Alderman B. Stortz Seconded by Alderman G. Lorentz a) That Council not accept site-specific Official Plan Amendments in Mill-Courtland, North Ward, King Street East-Area 2 or any previously approved Secondary Plan areas. b) For site-specific zone changes submitted prior to the enactment of Stage 6/7, Comprehensive By-law, that the Department of Planning and Development use its best efforts to have these applications considered by Council prior to the enactment of the Stage 6/7 Comprehensive Zoning By-law. Failing such timely consideration, the City agrees not to include affected lands within the Stage 6/7 By-law; to rezone under By-law 4830, subject to the affected lands being further rezoned under a City-initiated rezoning of By-law 85-1 following O.M.B. approval of the Stage 6/7 Comprehensive By-law. c) That with respect to zoning for new draft plans of subdivision: If identified in the approved 1994 - Post 1995 Staging of Development Report as "1994 Potential Municipal Draft Plan Approval", the affected lands be zoned under By-law 4830 and not included in the Stage 6/7 Comprehensive Zoning By-law subject to the affected lands being further rezoned under By-law 85-1 by the City following O.M.B. approval of the Stage 6/7 By-law. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 94 - MAY 17, 1993 PD 48/93 - TRANSITIONAL PROCEDURES FOR ZONE CHANGE APPLICATIONS WITHIN LANDS AFFECTED BY THE CITY'S STAGE 6/7 COMPREHENSIVE ZONING BY- LAW. (CONT'D) ii) If identified in the approved 1994 - Post 1995 Staging of Development Report as "1995 or Post 1995 Potential Municipal Draft Plan Approval, such affected lands, subject to iii) below, be zoned Agricultural (A-l) under the Stage (5/7 Comprehensive By-law, with further rezoning applied for by the owners as an amendment to the Stage (5/7 and 85-1 Zoning By-law. iii) If the delineation of zone boundaries for 1995 or Post 1995 draft plans of subdivision can easily be shown in compliance with approved community plans with no other concerns inherent, the City may consider incorporating the appropriate zoning for such affected lands in the Stage 6/7 Comprehensive Zoning By-law. d) That Council agree to waive further preliminary zone change circulation and notice signs for zoning which was proposed as part of the Department of Planning and Development's public consultation process as part of the Stage 6/7 Comprehensive Zoning By-law or as part of the City-initiated By-law 85-1 amendments set out in b) or c) i above. It is the opinion of this Committee that the approval of these procedures is proper planning for the City. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 25, 1993. PD 49/93 - DRAFT GRAND RIVER CORRIDOR CONSERVATION PLAN. - PUBLIC OPEN HOUSE COMMENTS. The Committee was in receipt of Planning and Development Staff Report PD 49/93 dated May 7, 1993 dealing with the Draft Grand River Corridor Conservation Plan. It was noted in the report that a Public Information Open House was held on April 28, 1993 and that following the Open House, 4 written submissions were received which expressed support for the overall goal of providing a continual linear open space system along the Grand River for the purpose of conserving the natural and cultural resources in the area. In addition, the main concerns that were identified by persons who attended the Public Information Open Houses are summarized in the report. Mr. K. Curtis provided the Committee with an overview of the Draft Plan and in particular noted the concern on the part of the public that the City might undertake expropriation in this regard. He recommended that the document itself should highlight and make it clear to property owners how the Plan would affect them. In response to Alderman M. Wagner, Mr. Curtis indicated that comments from the public process would be forwarded to the Grand River Conservation Authority and that the plan was not cast in stone once the concept was endorsed. No delegations were registered respecting this matter. Moved by Alderman M. Wagner Seconded by Alderman C. Weylie That Planning and Development Staff Report PD 49/93 be forwarded to the Grand River Conservation Authority for use in preparing the final version of the Grand River Corridor Conservation Plan. That all persons and agencies who submitted written comments concerning the Plan and all of the persons and agencies who are on the circulation list of property owners who may be affected by the Plan, be provided with the Executive Summary and applicable maps from the final recommended Plan together with notice of the date, PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 95 - MAY 17, 1993 PD 49/93 - DRAFT GRAND RIVER CORRIDOR CONSERVATION PLAN. - PUBLIC OPEN HOUSE COMMENTS. (CONT'D) time and location of any future Planning and Economic Development Committee and City Council meetings at which the final recommended Plan will be discussed. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 25, 1993. ZONING BY-LAW - HOMER WATSON BOULEVARD/BLOCK LINE ROAD. - ZONE CHANGE APPLICATION 89Ill/H/KC. - DGMS DEVELOPMENTS LIMITED. - FAIRVIEW WARD. Mr. Paul Wagner appeared as a delegation on behalf of DGMS Developments Limited regarding their Zone Change Application and the related By-law that has received two readings from City Council. He pointed out that the only remaining condition to be satisfied prior to third reading of the Zoning By-law requires the applicant to provide the Commissioner of Planning and Development with signed offers to lease a minimum of 929 square meters (10,000 square feet) of gross leasable commercial space for auto-related uses in the development. Mr. Wagner stated that since the 1990 approval, the nature of the economy has changed and particularly auto-related uses which used to be considered recession proof but that such assumption is no longer valid. He stated that the applicant could not find a tenant under the condition imposed but could obtain a tenant for a gas bar and quick lube establishment. Accordingly, he indicated that if Council could alter the required condition, the developer could start construction on a gas bar involving a 2,000 square foot area and an approximate 1,550 square foot quick lube shop. He noted that the actual land use with these developments would be much more than a 10,000 square foot area. In this regard, he distributed a Site Plan dated May 93' illustrating his revised proposal. Mr. T. McCabe advised that the Site Plan has not been considered by staff. In response to Alderman J. Ziegler, Mr. McCabe indicated that if the Committee was to delete the remaining outstanding condition, third reading of the By-law could take place at the next Council meeting. Mr. Erwin Brueckman, 80 Chapel Hill Drive, commented to the Committee that there were already numerous service station establishments existing in the area and an additional one was unnecessary. No delegations were registered respecting this matter. Moved by Mayor D.V. Cardillo Seconded by Alderman G. Lorentz That with respect to Council's October 9, 1990 approval of conditions of Zone Change Application 89/l 1/H/KC (DGMS Developments Ltd.) pertaining to Parts 1, 2 and 15 of Plan 58R-7081, we approve deletion of condition 1.3 (b) which reads as follows: 1.3.b) That the Commissioner of Planning and Development has been presented with signed Offers to Lease a minimum of 929 square metres (10,000 square feet) of gross leasable commercial space for auto-related uses. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 25, 1993. 8. PD 47/93 - KITCHENER'S RESPONSE TO REGIONAL REPORT. - "DEVELOPMENT STRATEGIES - POLICY DIRECTIONS AND SETTLEMENT PATTERNS APRIL 1993". The Committee was in receipt of Planning and Development Staff Report PD 47/93 dated May 3, 1993 recommending Kitchener's response to the PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 96 - MAY 17, 1993 8. PD 47/93 - KITCHENER'S RESPONSE TO REGIONAL REPORT. - "DEVELOPMENT STRATEGIES - POLICY DIRECTIONS AND SETTLEMENT PATTERNS APRIL 1993". (CONT'D) Regional Municipality of Waterloo document "Development Strategies: Policy Directions and Settlement Patterns, (April, 1993)". It was noted in the report that staff has identified a number of problems relating to the proposed policy directions and role of the Region in local planning matters. These comments have been organized into General Comments, which summarize staffs main concerns with the approach and Specific Comments regarding individual Regional policy proposals and are outlined in the report. Mr. B. Stanley introduced the report and emphasized the lack of adequate time that staff had to prepare a response. In this regard, he indicated that Kitchener Transit Staff would be responding directly to the Region with their comments. Mr. Stanley did make remarks about the Regional comments concerning distribution of planning powers and noted that long resolved issues now appear to be being opened up by the Region which would involve a renegotiation of planning powers between the Regional and Local Municipalities. Ms. B. Newell commented on the planning roles within two-tier local government structure and referred to the Regional inroads into local planning that were being suggested. As examples, she referred to discussion of densities, recommendation for a number of studies and plans, issues involving urban design, reference to Zoning By-law throughout the document, involvement in heritage planning and scenic road designation, involvement in soft services and a Regional integrated geographic information system and resultant duplication of services. Alderman J. Ziegler asked that the staff report be circulated to area municipalities. Mr. B. Stanley advised that a report prepared by the City of Cambridge mirrors the response outlined in this Kitchener Planning staff report. Alderman C. Weylie advised that all Regional Councillors were invited to a meeting held recently and that many of the things that had been said were brought out loud and clear at that time. Alderman M. Wagner stated that he objected to Regional involvement in heritage issues involving the City of Kitchener. Alderman T. Galloway entered the meeting at this point. Alderman C. Zehr asked that staff consider adding a final topic to the report titled "Financial Implications". Mr. B. Stanley indicated that staff could itemize what constitutes an expansion to services and resultant implications. Moved by Alderman G.L. Leadston Seconded by Alderman B. Stortz That Planning and Development Staff Report PD 47/93 be revised to include a section dealing with "Financial Implications" and the Report, as revised, be forwarded to the Regional Municipality of Waterloo as Kitchener's response to the document "Development Strategies: Policy Directions and Settlement Patterns". And further, that the report be circulated to Area Municipalities in Waterloo Region for their information. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 25, 1993. PD 52/93 - NOTICE OF CANCELLATION. - MUNICIPAL PLAN MEETING JUNE 23, 1993. The Committee was in receipt of Staff Report PD 52/93 dated May 5, 1993 advising that it is necessary to cancel the meeting on the new Municipal Plan scheduled for Wednesday, June 23, 1993 due to delays involved in PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 97 - MAY 17, 1993 PD 52/93 - NOTICE OF CANCELLATION. - MUNICIPAL PLAN MEETING JUNE 23, 1993. (CONT'D) getting responses to the circulation process. It was noted that the meeting would be rescheduled as soon as all the responses are received, evaluated and the Plan is rewritten to reflect desired changes. 10. REQUEST TO WAIVE REQUIREMENT FOR PRELIMINARY CIRCULATION AND FOR APPROVAL OF TEMPORARY OCCUPANCY 2150 BLEAMS ROAD - ST. JOHN THE BAPTIST ROMANIAN ORTHODOX CHURCH. Mr. J. Popesku, President, St. John The Baptist Romanian Orthodox Church, 2150 Bleams Road, appeared as a delegation and circulated a letter dated May 14, 1993 providing background information respecting development of the church building at 2150 Bleams Road. He noted that an official plan amendment application and a zone change application has been submitted to permit the church use and that he was requesting the Committee to waive the requirement for preliminary circulation and also requesting approval of temporary occupancy so as to use the existing building for church services until final approval of the applications. Mr. T. McCabe itemized the criteria considered when requests for approval of temporary occupancy are received and confirmed that applications for Official Plan Amendment and Zone Change have been made. With regard to the request for waiver of preliminary circulation, he pointed out that the request relates to both the Official Plan Amendment as well as the Zone Change. Mr. J. Popesku advised the Committee that the congregation previously had a church on Lancaster Street; however, they did not anticipate that it would take four years to sell that property. He noted that the delay in sale of that property and consequent delay in developing 2150 Bleams Road along with a change to the City's Comprehensive By-law in 1991 had brought about the present zoning problem. Mr. B. Stanley pointed out that until 1991 the Bleams Road property was beyond the City's Plan for Land Use and that development took place under Special Policy Area #66 and that at the time the existing zoning under which the hall was built was Township Agricultural. However, he noted that when the 1991 rezoning process took place, the church use was deleted. In summary, he stated that staff had no concerns with the request for waiver of preliminary circulation. Moved by Alderman C. Zehr Seconded by Alderman G.L. Leadston That we waive the requirement for preliminary circulation of an Official Plan Amendment - 2150 Bleams Road and Zone Change Application No. 93/8/B/LM (St. John The Baptist Romanian Orthodox Church) and further, That enforcement of the City's Zoning By-law be waived with respect to the church religious use at 2150 Bleams Road and that temporary occupancy be approved, subject to the occupants vacating the said premises in the event the Zone Change Application is not approved by Council or the Ontario Municipal Board in a form which would permit the said uses, and further, That in the event of failure to vacate as required, the City's Municipal By-law Enforcement Officer be directed to commence Notice of Action to remove the illegal uses and that any work done to the premises is at the sole risk and responsibility of the owner in the event losses are incurred if the Zone Change application is not approved. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 25, 1993. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 98 - MAY 17, 1993 11. ENFORCEMENT OF NOISE REGULATIONS/STATUS OF STAFF TRAINING. Ms. L. MacDonald, Assistant City Solicitor, advised that meetings had been held with affected staff and with Management Committee with regard to required training of staff necessary to enforce noise regulations within the Municipal Code. She indicated that there was significant concern respecting safety issues for staff and noted that the training would involve approximately 9 staff from the Parking area and 4 or 5 staff from the Zoning area and that it was hoped to finalize this training by the end of June. Alderman J. Ziegler requested Ms. MacDonald to document her comments on this issue in a brief report to Council. Mr. T. McCabe stated that it was his understanding a report on this matter was to be considered by Management Committee prior to its consideration by City Council. 12. CROSS BOUNDARY ISSUES IN SOUTH CENTRAL ONTARIO. Mr. B. Stanley commented on the Cross Boundary Issues matter and suggested that a response was best done through the Region of Waterloo which would be considering it on May 18th and that staff fully support that approach. He noted that a section has been added as Section 2, Employment and Economy and distributed a copy for review by the Committee. He clarified that Cross Boundary Issues in South Central Ontario does not have to be dealt with through the Provincial Policy Statement mechanism. 13. - HOMER WATSON BOULEVARD/MANITOU DRIVE - OPA 91/15 AND ZCA 911381HILB (BERKSHIRE BUILDING CORPORATION) AND - REGIONAL POSITION PERTAINING TO DEVELOPMENT APPLICATIONS REFERRED TO THE ONTARIO MUNICIPAL BOARD. Earlier in the meeting this date, Mr. Tom Hardacre, Manager of Development Planning, Region of Waterloo, had appeared as a delegation to comment on Regional Planning & Culture Report PC- 93-045 dealing with the matter of "Regional Position Pertaining to Development Applications Referred to the Ontario Municipal Board". The Committee heard his presentation at that time which was prior to Alderman T. Galloway entering the meeting this date. Mr. T. McCabe advised that the Regional Planning Report is scheduled for consideration by the Regional Planning & Culture Committee on May 18th and that Kitchener Planning Staff support its contents. Mr. T. Hardacre commented on the nature of requests for referral of Development Applications to the Ontario Municipal Board and explained that the Region had a Ministerial function to perform as well as exercise certain Regional responsibilities and concerns. He pointed out that the report discusses some of these issues which were not limited to just the question of the applications of Berkshire Building Corporation. He stated that it was not their intent to take a position against a local municipality and will be recommending that the format of the report be changed to provide comment in accordance with the content of Regional Report PC-93-045. Mr. Hardacre then left the meeting. Following consideration of other matters on the agenda and after Alderman Galloway's arrival, this matter was again raised. Alderman J. Ziegler briefed Alderman Galloway on Mr. Hardacre's presentation pointing out that the Region did not intend to make any comments with respect to the question of use but would only comment on matters of Regional concern with no political decision being required with regard to Regional requirements. 14. - PROPOSED WOMEN'S CORRECTIONAL FACILITY. - QUESTIONS RE: BUILDING PERMIT ISSUANCE AND SITE PLAN APPROVAL. - FAIRVIEW WARD. The Committee was provided with a copy of a letter addressed to Mr. George Miller dated May 13, 1993 from the Ontario Municipal Board regarding his application pertaining to the Proposed Women's Correctional Facility. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 99 - MAY 17, 1993 14. - PROPOSED WOMEN'S CORRECTIONAL FACILITY. - QUESTIONS RE: BUILDING PERMIT ISSUANCE AND SITE PLAN APPROVAL. - FAIRVlEW WARD. (CONT'D) Mr. J. Wallace, City Solicitor, commented that the Federal Government has jurisdiction for penitentiaries and also has complete jurisdiction as to placement of such facilities. Alderman T. Galloway stated that he wished to pursue the question of how the City should proceed further in this matter based on the fact that it was the Federal Government's stated wish to comply with zoning. Mr. J. Wallace pointed out that the Ontario Municipal Board has indicated it will not hear an appeal into this matter since the Board has decided it has no jurisdiction. Mr. T. McCabe commented that if the City was in receipt of an application for Site Plan Approval and issuance of Building Permit, staff would proceed in the usual manner. No further issues were raised by Committee members regarding this matter. 15. ADJOURNMENT On motion, the meeting adjourned at 5:15 p.m. L.W. Neil, AMCT Assistant City Clerk