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HomeMy WebLinkAboutPlng & Econ Dev - 1993-04-05PED\1993-04-05 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES APRIL 5, 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 C. Weylie, G. Leadston, M. Yantzi, T. Galloway, M. Wagner and C. Zehr. Aldermen B. Stortz and J. Smola entered the meeting after its commencement. Officials Present: Mr. T. McKay, Mr. S. Klapman, Mr. T. McCabe, Mr. B. Stanley, Mr. J. Wallace, Mr. D. Mansell, Mr. J. Witmer, Mr. G. Borovilos, Mr. L. Masseo, Mr. D. Snow, Ms. S. Frenette, Mr. P. Wetherup, Mr. J. Willmer, Ms. P. MacPherson and Mr. L.W. Neil. 1. MINUTES Moved by Alderman G.L. Leadston Seconded by Alderman M. Wagner That the Minutes of the Planning and Economic Development Committee meeting held on March 22, 1993, as mailed to the members, be accepted. Carried CORRESPONDENCE The Committee was in receipt of a copy of a letter dated January 15, 1993, from the Honourable Evelyn Gigantes, Minister of Housing to Mr. J. Mavrinac, President, Association of Municipalities of Ontario regarding the Government's Apartments in Houses Legislation (Bill 90). PD 33~93 - REQUEST FOR DIRECTION RE PROCESSING. - OFFICIAL PLAN AMENDMENT APPLICATION 93/2. - COMPREHENSIVE FLOOD PLAIN PLANNING POLICIES. The Committee was in receipt of Planning and Development Staff Report PD 33/93 dated March 12, 1993, which requests direction for processing of a City Initiated Official Plan Amendment respecting Comprehensive Flood Plain Planning Policies. It was noted in the report that in 1988, the Province of Ontario issued its Flood Plain Planning Policy Statement under Section 3 of the Act and that the City of Kitchener is obligated to incorporate the Policy Statement into its Official Plan. The nature of the Policy Statement and its effect on Kitchener was explained in the staff report. Mr. L. Masseo briefly commented on the purpose of the application and on the Two-Zone Policy approach which divides the flood plain into two components, the "floodway" and the "flood fringe", both of which are detailed in the staff report. Alderman M. Yantzi disclosed a conflict of interest and abstained from all discussion since his personal residence is located within the area affected by the Flood Plain Planning Policies. Alderman T. Galloway questioned why an area would be considered a candidate for a Two-Zone Policy instead of a One-Zone Policy. Mr. Masseo advised that the Two-Zone Policy addresses older areas where development already exists, and that the flood way regulation prohibits new development excepting for alteration and the flood fringe regulation permits limited development. Alderman B. Stortz entered the meeting at this point. Moved by Alderman C. Weylie Seconded by Alderman M. Wagner PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 65 - APRIL 5, 1993 PD 33~93 - REQUEST FOR DIRECTION RE PROCESSING. - OFFICIAL PLAN AMENDMENT APPLICATION 93/2. - COMPREHENSIVE FLOOD PLAIN PLANNING POLICIES. (CONT'D) That, Planning and Economic Development Committee recommend acceptance of Official Plan Amendment Application 93/2 (Comprehensive Flood Plain Planning Policies City Initiated) for processing with the clear understanding that processing in no way implies acceptance or rejection of this application. Carried Alderman M. Yantzi previously disclosed a conflict of interest and abstained from all discussion and voting as his residence is located within the area affected by the Flood Plain Planning Policies. The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, April 13, 1993. PD 31/93 - OPERATING COSTS OF THE KITCHENER NON-PROFIT HOUSING INC. PROGRAM. The Committee was in receipt of Planning and Development Staff Report PD 31/93 dated March 11, 1993, responding to the Committee's and d Council's request for additional information regarding the per unit operating costs of Kitchener Housing Inc.'s portfolio. It was noted in the report that Kitchener Housing Inc. has constructed seven projects with another seven projects under various stages of development. Attached to the report was financial information covering the seven projects in respect to rental income, operating budget, total annual project rental subsidy, annual rental subsidy per unit and monthly rental subsidy per unit. It was noted in the report that the average operating subsidy for non-profit housing units outside the Metropolitan Toronto is $12,500 per unit per year and that the yearly subsidy per unit for Kitchener Housing Inc. developments falls into this range. Ms. S. Frenette indicated that she had nothing further to add to the staff report other than to acknowledge to Alderman J. Ziegler that the subsidies of the Kitchener projects were closer to the provincial average than previously thought. Mr. lan Cook, President, K-W Home Builder's Association, 169 Lexington Court, Unit C-2, Waterloo, appeared as a delegation and advised that his association has been actively involved in consideration of this issue. He commented that the information in the staff report confirms earlier estimates of the amount of subsidy these non-profit units require. He noted that the Rent Supplement Program could provide five times the benefit in housing accommodation for the same cost as a single subsidized unit under the non-profit programs. Mr. Cook advised that he had a question in regard to a statement in the report that refers to second year costs dropping by several hundred dollars and pointed out that if the reduction was on an annual basis it was insignificant. Further, Mr. Cook stated that other than additional costs incurred with respect to building on sites within the core area, costs to erect such projects should be the same for all developers. He asked that if a similar staff report was prepared in future that it contain additional information as to financial factors involving mortgage principal, mortgage terms, and interest rates. In response to Alderman M. Yantzi, Mr. Cook commented that the issue of the mortgage term was an important factor to consider and there was not enough financial information in the report to fully comprehend the impacts. Further, he noted that the interest liability for the mortgages may be subject to change in future if mortgage rates were later renewed at rates higher than exist at present and this would increase the overall subsidy requirement for these projects. Ms. Frenette advised that the Province is making debt arrangements by pooling of its mortgage requirements. In response to Alderman C. Zehr, relative to question posed by Mr. Cook, Ms. Frenette advised that the reduction in operating costs in the second year could range from several hundred dollars to one thousand dollars on an annual basis. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 66 - APRIL 5, 1993 PD 31/93 - OPERATING COSTS OF THE KITCHENER NON-PROFIT HOUSING INC. PROGRAM. (CONT'D) In reference to the high operating costs, again, Mr. Cook stressed that aside from additional costs as a result of development in the core, all other issues with respect to development costs that had been suggested in the report would be borne by private developers. Alderman C. Zehr commented that it was time that consideration was given to how Iow cost housing was being delivered in respect to what additional costs go into these units and what additional costs go into the non-profit housing projects. He acknowledged that it was likely the private sector would put less into similar units in the way of amenities but that this certainly had a bearing on final costs. Accordingly, he encouraged the builders group to continue to make representations directly to the Province of Ontario on this issue. Alderman T. Galloway agreed that some form of review of social housing assistance was appropriate. Mr. Cook again referred to the Rent Supplement Program and pointed out that there was a plentiful supply of private rental accommodation in the $500, $600 and $700 per month range that would attract a subsidy level of only $300-$400 per unit for those in need rather than the subsidy levels that are presently being incurred under Non-Profit Housing Programs. He emphasized that the issue that must be addressed was that of need and the fact that there was a lot of funding that could be spent more effectively to address total needs. Alderman T. Galloway questioned if there was some benefit of public ownership of non-profit housing over the long term since at present, the cost of public ownership is much more expensive than otherwise would be the case. Ms. S. Frenette stated that it would take 25 years to achieve the benefits that would flow from the pay-off of mortgages of these non-profit housing projects. Alderman Galloway commented that a 25 year return on investment was not considered to be the norm for businesses that would be making such investment. Ms. Frenette pointed out that the Rent Supplement Program was an extremely small program compared to other Provincial programs. She noted that the Ministry of Community and Social Services provides a housing shelter allowance that is paid directly to recipients who then shop around for suitable housing and are not restricted to an individual landlord. Thus, a landlord would not be aware that a tenant was in receipt of such Provincial housing shelter allowance. Mr. Cook left a copy of his presentation with the secretary. He was asked to provide information on costs of other Non-Profit Housing Authorities he indicated that he was aware of and Alderman J. Ziegler requested this information be copied to Committee Members. In addition, further information would be gathered comparing cost of private housing projects to non-profit housing projects. Alderman J. Smola entered the meeting at this point. Moved by Alderman M. Yantzi Seconded by Alderman B. Stortz That Council receive for information the 1993 operating costs of Kitchener Housing's developments. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, April 13, 1993. PD 37~93 - HIGHLAND ROAD/VICTORIA STREET EXTENSION. - PROPOSED STREET NAMES - SUBDIVISION 30T-90031. - MONARCH CONSTRUCTION LIMITED. - WEST WARD. The Committee was in receipt of Planning and Development Staff Report PD 37/93 dated March 25, 1993, which recommends street names in the Monarch Subdivision 30T-90031. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 67 - APRIL 5, 1993 PD 37/93 - HIGHLAND ROAD/VICTORIA STREET EXTENSION. - PROPOSED STREET NAMES - SUBDIVISION 30T-90031. - MONARCH CONSTRUCTION LIMITED. - WEST WARD. (CONT'D) The Committee was advised that staff had nothing further to add to the report. No delegations were registered respecting this matter. Moved by Alderman B. Stortz Seconded by Alderman G. Lorentz That the following proposed street names be approved for Draft Plan of Subdivision 30T- 90031 (Monarch Construction Limited): Street One - Street Two - Street Three - Street Four - Street Five - Street Six - Street Seven - Monarch Wood Drive Manorbrook Court Mancroft Place Marigold Court Melbourne Place Moorcrest Place Mossgrove Court That an exemption to Council's Street Naming Policy be granted in order to allow Street One -"Monarch Wood Drive" in Plan of Subdivision 30T-90031 (Monarch Construction Ltd.) to use the name suffix "Drive" rather than "Crescent". Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, April 13, 1993. LETTER- HIGHLAND ROAD/VICTORIA STREET EXTENSION. - PROPOSED STREET NAME - SUBDIVISION 30T-88033. - CYBAU HOLDINGS INC. - WEST WARD. The Committee was in receipt of a letter dated March 15, 1993, from MacNaughton Hermsen Britton Clarkson Planning Ltd., requesting that Street 6 of Cybau Holdings Inc. Subdivision 30T- 88033 be named "Bramblewood Street". Staff had no comment with respect to the request. No delegations were registered regarding this matter. Moved by Alderman G. Lorentz Seconded by Alderman B. Stortz That the proposed street name "Bramblewood Street" be approved for Street "Six" of draft Plan of Subdivision 30T-88033 (Cybau Holdings Inc.) Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, April 13, 1993. PD 11/93 - 409 WEBER STREET WEST. -OFFICIAL PLAN AMENDMENT APPLICATION 92/13. - ZONE CHANGE APPLICATION 92/30/W/LM. - UNIROYAL GOODRICH CANADA INC. - BRIDGEPORT NORTH WARD. The Committee was advised that the Department of Planning and Development had received applications to amend the Official Plan and Zoning By-law with regard to the Uniroyal Goodrich Canada Inc. property situated at 409 Weber Street West. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 68 - APRIL 5, 1993 PD 11/93 - 409 WEBER STREET WEST. -OFFICIAL PLAN AMENDMENT APPLICATION 92/13. - ZONE CHANGE APPLICATION 92/30/W/LM. - UNIROYAL GOODRICH CANADA INC. - BRIDGEPORT NORTH WARD. (CONT'D) The Official Plan Amendment would revise the Official Plan from General Industrial with Special Policy #80 which permits an industrial administrative office to General Industrial with a revision to Special Policy #80 to permit all free-standing office uses. The accompanying zoning change would change zoning from General Industrial Zone (M-2) under By-law 85-1 with a Special Use Provision to Public Park Zone (P-l) and General Industrial Zone (M-2) both under By-law 85-1 with a revision to the existing Special Use Provision to permit all free-standing office uses to a maximum floor area of 23,225 square metres. In this regard, the Committee considered Planning and Development Staff Report PD 11/93 dated February 8, 1993, an accompanying report to amend the Official Plan and a Proposed By-law dated February 1, 1993, to implement the proposed rezoning. The Committee was also in receipt of Staff Report PD 42/93 dated April 1, 1993, prepared as an addendum to PD 11/93 that proposes revisions to the Official Plan Amendment recommendation in PD 11/93 and revision to the Proposed By-law dated February 1, 1993, with respect to Subsection 67 of Appendix "C". It was noted in the Staff Report PD 11/93 that the purpose of both applications was to allow all types of office as a permitted use on the subject lands. 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 briefly explained the purpose of the applications, and the fact that after preparation of Staff Report PD 11/93, it had been determined that the restrictions contained in the proposed Zoning By-law were too restrictive in terms of allowing architectural flexibility with a conversion or replacement of the existing building. He noted that the issue was reviewed and given that there was no heritage reason to preserve the existing building, a revision was proposed affecting the floor space ratio and height restriction that incorporates design flexibility for any future development. Alderman C. Zehr questioned where the most likely access to the property would be located in future and Mr. L. Masseo advised that if the property became 100% office use, the matter would have to be approved through site plan control. Mr. P. Britton, MacNaughton Hermsen Britton Clarkson Planning Ltd., 171 Victoria Street North, appeared as a delegation along with Mr. John Whitney on behalf of Uniroyal Goodrich Inc. Mr. Britton stated that they were in support of Staff Report PD 11/93 and the revisions contained in Staff Report PD 42/93. In reference to factors supporting the applications, he noted that the principle of free standing office use was already established, that a portion of the property (3 acres) is located in the City of Waterloo and is zoned to permit office use and the application would resolve zoning differences as a result of split jurisdiction and that the requests are in line with the Kitchener Office Location Study. No other delegations responded to the Chairman's invitation to address the Committee on these matters. Moved by Alderman G.L. Leadston Seconded by Alderman G. Lorentz That, City Council approve the attached Official Plan Amendment (Uniroyal Goodrich Canada Inc. - 409 Weber Street West), being an amendment to the Kitchener Official Plan to: (i) Amend Section IV. 11 "Policies for Specific Areas" by replacing the existing Special Policy Ixxx and replacing it with the following Special Policy Ixxx: PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 69 - APRIL 5, 1993 PD 11/93 - 409 WEBER STREET WEST. -OFFICIAL PLAN AMENDMENT APPLICATION 92/13. - ZONE CHANGE APPLICATION 92/30/W/LM. - UNIROYAL GOODRICH CANADA INC. - BRIDGEPORT NORTH WARD. (CONT'D) Notwithstanding the General Industrial designation on those lands generally bounded by Weber Street and the railway right of way between Guelph Street and the City of Kitchener boundary, free-standing office uses to a maximum floor space ratio of 1.0 shall also be permitted. In addition, all buildings within 30 metres of any residential zone shall be subject to a height restriction in the implementing Zoning By-law" It is the opinion of this Committee that the approval of this Amendment is proper planning for the City. That, Zone Change Application 92/30/W/LM (Uniroyal Goodrich Canada Inc.) requesting a change in zoning from General Industrial Zone (M-2) under By-law 85-1 with a Special Use Provision to Public Park Zone (P-l) and General Industrial Zone (M-2) both under By-law 85-1 with a revision to the existing Special Use Provision to permit free-standing office to a maximum floor space of 23,225 square metres on lands described as: Part of Lot 8, registered Plan 373, Part of Lot E, Registered Plan 386, Part of Lot 24, Compiled Plan of Subdivision of Lot 15, German Company Tract, more particularly described as Part 1, Reference Plan 58R-5554, 409 Weber Street West, be approved in the form shown in the Proposed By-law attached, dated February 1, 1993, as revised April 5, 1993 to reword Clause #4 (Subsection 67 of Appendix "c") of the Proposed By-law in accordance with the recommendation in staff report PD 42/93. 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 (Uniroyal Goodrich Canada Inc. - 409 Weber Street West) 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 Tuesday, April 13, 1993. PD 22~93 - 51 SCHWEITZER STREET. - ZONE CHANGE APPLICATION 921281SIPMC. - LYLE, HELEN & SHEILA NUNN. - BRIDGEPORT NORTH WARD. The Committee was advised that the Department of Planning and Development had received an application from Lyle, Helen & Sheila Nunn to change the zoning with regard to lands known municipally as 51 Schweitzer Street. The proposed zoning change is from Restricted Residential (R2A) to Semi-Restricted Residential (R2) with special regulations according to By-law 4830. The zoning change if approved would require revision to the Bridgeport East Secondary Plan. It was noted in the report that the applicant wishes to rezone the lands to permit the conversion of an existing duplex dwelling to a triplex dwelling. In this regard, the Committee considered Staff Report PD 22/93 dated February 23, 1993, in which staff recommend refusal of both the Amendment to the Bridgeport East Secondary Plan and to the Zone Change Application. A Proposed By-law dated January 29, 1993, was attached to the staff report should the Committee decide in favor of the zoning change requested by the applicant. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. T. McCabe explained the purpose of the requested application and the reasons why the Department objects to it. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 70 - APRIL 5, 1993 PD 22~93 - 51 SCHWEITZER STREET. - ZONE CHANGE APPLICATION 921281SIPMC. - LYLE, HELEN & SHEILA NUNN. - BRIDGEPORT NORTH WARD. (CONT'D) Mr. S. Head, Dryden, Smith & Head, Planning Consultants, 54 Cedar Street North, appeared as a delegation on behalf of the applicant to request approval of the application. The submission dated March 25, 1993 was circulated with the agenda to Committee members. He pointed out that the request complies with the Official Plan and that no agencies had opposed the application other than the Department of Planning and Development. Further, he noted that the question of traffic in the Bridgeport area was, recently addressed through a traffic study completed for Steed and Evans proposed plan of subdivision of some 70 plus units and suggested that approval of an additional unit in the existing dwelling would not make any difference to traffic in the area. He provided photographs of the available driveway and examples of other triplexes in the immediate area which has a mixture of residential uses. No other delegations responded to the Chairman's invitation to address the Committee on this matter. Mr. B. Stanley advised that the Secondary Plan was developed some 10 years ago to specifically deal with the question of multiple dwellings in the area which at the time was the serious key issue for Bridgeport. He expressed concern that while the application appears to be a very minor amendment that should the Committee consider entertaining the request that it also undertake a revision of the Community Plan in order to assess various factors previously considered in drafting of the Community Plan. Mr. Stanley noted that a number of buildings in the area could be considered to be in the same situation. Moved by Alderman J. Smola Seconded by Alderman M. Wagner A. That Planning and Economic Development Committee approve amendment of the Bridgeport East Secondary Plan as follows: a) Section 5.2 be amended by adding the following special policy: "Notwithstanding Section 5.2.1 a triplex may be permitted in the existing dwelling located at 51 Schweitzer Street." It is the opinion of this Committee that the approval of this Amendment to the Secondary Plan is proper planning for the City. That Zone Change Application 92/28/S/PMc (Lyle, Helen & Sheila Nunn) requesting a change in zoning from Restricted Residential (R2A) to Semi-Restricted Residential (R2) with special regulations according to By-law 4830 on Part of Lot 1, Registered Plan 675, be approved without conditions. It is the opinion of this Committee that the approval of this application 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, April 13, 1993. PD 23~93 - 117-119 HOFFMAN STREET. - ZONE CHANGE APPLICATION 921401HIPMC. - K.E. GYSBERS. - ROCKWAY ST. MARY'S WARD. The Committee was advised that the Department of Planning and Development was in receipt of an application from K.E. Gysbers to change the zoning of lands known municipally as 117-119 Hoffman Street. The proposed rezoning is from Semi-Restricted Residential (R2) to Semi- Restricted Residential (R2B) according to By-law 4830. In this regard, the Committee considered Staff Report PD 23/93 dated February 24, 1993, PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 71 - APRIL 5, 1993 PD 23~93 - 117-119 HOFFMAN STREET. - ZONE CHANGE APPLICATION 921401HIPMC. - K.E. GYSBERS. - ROCKWAY ST. MARY'S WARD. (CONT'D) and a Proposed By-law dated February 16, 1993, attached to the report. It was noted in the report that the purpose of the application is to legalize an existing semi-detached dwelling. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. T. McCabe advised the Committee that staff had nothing further to add to the report under consideration. No delegations responded to the Chairman's invitation to address the Committee on this matter. Moved by Alderman M. Wagner Seconded by Alderman G.L. Leadston That Zone Change Application 92/40/H/PMc (K.E. Gysbers) requesting a change in zoning from Semi-Restricted Residential (R2) to Semi-Restricted Residential (R2B) according to By-law 4830, and described as Part of Lot 23, Registered Plan 384, be approved, in the form shown in the proposed By-law attached dated February 16, 1993, without conditions. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with 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 Tuesday, April 13, 1993. 10. PD 19/93 - 199 AHRENS STREET WEST. - ZONE CHANGE APPLICATION 1/86/A/ZJ. - SLOBODAN & JELENA RADOJCIN. - BRIDGEPORT NORTH WARD. The Committee was advised that the Department of Planning and Development was in receipt of an application from Slobodan & Jelena Radojcin to change the zoning of lands known municipally as 199 Ahrens Street West. The proposed rezoning is from Semi-Restricted Residential (R2B) to Semi-Restricted Residential (R2) with a special regulation. In this regard, the Committee considered Staff Report PD 19/93 dated March 5, 1993, and the Proposed By-law dated February 16, 1993, attached to the report. It was noted in the report that the applicant intends to rezone the subject lands to legalize the addition of one dwelling unit within the existing 15-unit, legal non- conforming apartment building. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. T. McCabe advised that staff had nothing further to add to the report under consideration. Mr. S. Radojcin, appeared as a delegation and indicated that he was in agreement with the recommendation in the staff report but noted that with regard to Condition #2, he had already erected a fence along a portion of the rear of his property but that two adjoining neighbours had requested that he not alter the existing fencing between their properties. Mr. Z. Janecki advised the Committee that staff were not aware of the request by two property owners that fencing not be altered and recommended that the Committee accept the fencing condition as recommended while staff undertake to verify the situation. Mr. T. McCabe commented that the Zoning By-law requires the installation of a 5 foot high fence to provide total screening. Mr. Radojcin indicated that he was willing to erect the fence if required. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 72 - APRIL 5, 1993 10. PD 19/93 - 199 AHRENS STREET WEST. - ZONE CHANGE APPLICATION 1/86/A/ZJ. - SLOBODAN & JELENA RADOJCIN. - BRIDGEPORT NORTH WARD. (CONT'D) No other delegations responded to the Chairman's invitation to address the Committee on this matter. Moved by Alderman G. Lorentz Seconded by Alderman B. Stortz That Zone Change Application 1/86/AIZJ (Slobodan & Jelena Radojcin) requesting a change in zoning from Semi-Restricted Residential (R2B) to Semi-Restricted Residential (R2) with a special regulation according to By-law 4830 on Lot 65 and Part of Lot 64, Registered Plan 34 and Part of Lot 4, Registered Plan 399, be approved, in the form shown in the proposed By-law attached, dated February 16, 1993, 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 zone change. The Owner install a 1.5 metre high solid wood fence along the rear property line and to demarcate the parking spaces as noted on the Site Plan and to install "Emergency/Fire Route" signs along the driveway access, all to the satisfaction of the City's Director of Development. The Owner acknowledges that Conditions 1 and 2 hereof are 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 11861AIZJ 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 this Application is proper planning for the City and is in conformity with 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 Tuesday, April 13, 1993. 11. PD 121/92 - 186 GEHL PLACE AT BLEAMS ROAD. - ZONE CHANGE APPLICATION 90141GIJW. - STAMM INVESTMENTS LIMITED. - SOUTH WARD. The Committee was advised that the Department of Planning and Development was in receipt of an application from Stamm Investments Limited to change the zoning of the property known municipally as 186 Gehl Place at Bleams Road. The proposed rezoning is from Agricultural (A-l) to Agricultural (A-l) with special use and special regulation provisions according to By-law 85-1. In this regard, the Committee considered Planning and Development Staff Report PD 121/92 dated March 3, 1993, and the Proposed By-law dated September 11, 1992 attached to the report. It was noted in the report that the applicant proposes the 42.6 hectare property be rezoned to allow a pit for the extraction of sand and gravel from a 32.1 hectare portion of the property. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. J. Willmer advised that he had nothing further to add to the report under consideration. However, he referred the Committee to the letter dated March 13, 1993 which was distributed with the agenda received from Mr. W. Henhoeffer, Secretary Treasurer of Big Spring Farms Limited, objecting to the gravel pit. Secondly, he referred to the comments contained in the letter dated April 2, 1993 from Hardie Planning and Research Consultants, which was distributed at the meeting and noted PLANNING AND ECONOMIC - 73 - APRIL 5, 1993 DEVELOPMENT COMMITTEE 11. PD 121/92 - 186 GEHL PLACE AT BLEAMS ROAD. - ZONE CHANGE APPLICATION 90141GIJW. - STAMM INVESTMENTS LIMITED. - SOUTH WARD. (CONT'D) that staff did not have any concern regarding the validity of agency comments given the fact that the application has been the subject of ongoing discussions from a few years back. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning Ltd., appeared as a delegation on behalf of the applicant to express support for the staff recommendation. Mr. Britton advised the Committee that he has discussed the April 2, 1993 letter of Mr. Hardie with him and as a result would recommend the addition to the site plan of a further notation to require a Ground Water Monitoring Program. Mr. Britton circulated a fax transmission received from Mr. Hardie indicating his consent to the recommendation contained in Mr. Britton's April 5 letter that he distributed to the Committee this date. Mr. Britton commented that the primary concern of Mr. Henhoeffer was his ability to continue to lease the farm under a loose arrangement that he has with Stamm Investments. He confirmed that a portion of the land that is not under active mining will be available for Mr. Henhoeffer to lease. In summary, he stated that the Region supports the proposal, that the Ministry of the Environment is satisfied with the site plan and has confirmed that they will recommend the notations that have been proposed to it. In addition, he pointed out that a Letter of Clearance has been received with respect to archaeological matters that would affect the site. Finally, he indicated that it was expected that the pit would be in operation from 10-15 years subject to the pit being dependent on the rate of economic activity within the area. Alderman G. Lorentz referred to the question of complaints that have been made with respect to vibration. Mr. Britton advised that the haulage route would involve Bleams Road and Westmount Road and that Bleams Road was recently resurfaced from Westmount to Trussler Road and this should alleviate complaints in this regard. Alderman T. Galloway indicated that he was somewhat surprised with respect to Mr. Britton's letter referring to a Ground Water Monitoring Program for only two properties whereas he had expected all of the water wells in and around the subject property would be considered. He commented that he was not sure the residents were fully aware of the situation given that the zone change was not recirculated. Mr. P. Britton commented that circulation of the proposal has been an ongoing issue within the neighbourhood and it was his view sufficient notification has been given. Further, he commented that the matter of ground water has been reviewed and extraction will be restricted to the area above the watertable. He suggested that the matter of a Water Monitoring Program be subject to the satisfaction of the Ministry of Environment. Moved by Alderman T. Galloway Seconded by Alderman M. Yantzi "That consideration of Zone Change Application 90/4/G/JW - Stamm Investments Limited be deferred for two weeks so as to allow him to consult with property owners adjacent to the subject property." Mr. T. McCabe advised the Committee that notice of the meeting was mailed to property owners within 805 metres of the subject property as well as advertised in the K-W Record on March 12, 1993. Further, he pointed out that the Committee previously directed the Department to arrange for consideration of the application at this meeting. Mr. Britton indicated that a delay would be a problem for both him and his client and commented that he felt they had gone out of their way to contact everyone who had a concern with regard to the application. Further, he stated that he could not see that anything would be gained by deferral and noted that there was a process of the Ministry of Natural Resources in this regard. Alderman T. Galloway indicated that he just wished to discuss the ground water issue further with property owners. The motion of Alderman T. Galloway to defer consideration of the Zone Change Application was then put to a vote and lost. PLANNING AND ECONOMIC - 74 - APRIL 5, 1993 DEVELOPMENT COMMITTEE 11. PD 121/92 - 186 GEHL PLACE AT BLEAMS ROAD. - ZONE CHANGE APPLICATION 90141GIJW. - STAMM INVESTMENTS LIMITED. - SOUTH WARD. (CONT'D) No other delegations responded to the Chairman's invitation to address the Committee on this matter. Alderman T. Galloway stated that it was his view some additional circulation should take place given changing circumstances such as the Ministry of the Environment which now may require water monitoring on site, and that a three year lapse was too long. Also, he expressed frustration with the fact that the City does not have effective jurisdiction in respect to operation/rehabilitation of existing pits. Moved by Alderman G. Lorentz Seconded by Alderman B. Stortz (A) That Zone Change Application 9014/G/JW (Stamm Investments Limited) requesting a change in zoning from Agricultural (A-l) to Agricultural (A-l) with special use and special regulation provisions on Part Lots 140, 141 and 142, German Company Tract, be approved in the form shown in the Proposed By-law, attached, dated September 11, 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 satisfactorily addressed with respect to the proposed development. To arrange for notification by letter from the Ministry of Natural Resources to the City's Clerk, agreeing to recommend to the Minister, City Council's endorsed plans and conditions as specified in Part (B) of this resolution. The owner acknowledges that Conditions 1 and 2 hereof are required to be satisfied no later than seven (7) months from Council having approved the amending zoning by-law relative to Zone Change Application 90141GIJW 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 this Application is proper planning for the City and is in conformity with the City's Approved Official Plan. (B) That the Ministry of Natural Resources have regard to the following matters in considering the application of Stamm Investments Limited for a Class A Licence on Part Lots 140, 141 and 142, 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, Rehabilitation Plan, Cross Sections and Detail Plans, and Notes thereto, dated 93 01 28 and attached to Report PD 121/92. The City of Kitchener requests that these plans be the basis of the licence application. The City of Kitchener requests that the following notes be included on the Aggregate Resources Act site plans: (a) Planting to be completed within one year of commencing berm construction. (b) Erosion and siltation control measures to be implemented for berm construction and maintained until ground cover is well established on berms. (c) That a groundwater monitoring program for all residential dwellings in proximity to the pit be established to the satisfaction of the Ministry of the Environment and the Ministry of Natural Resources. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE Carried - 75 - APRIL 5, 1993 11. PD 121/92 - 186 GEHL PLACE AT BLEAMS ROAD. - ZONE CHANGE APPLICATION 90141GIJW. - STAMM INVESTMENTS LIMITED. - SOUTH WARD. (CONT'D) The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, April 13, 1993. 12. PD 38~93 - HOMER WATSON BOULEVARD/MANITOU DRIVE. - OFFICIAL PLAN AMENDMENT APPLICATION 93/3. - ZONE CHANGE APPLICATION 93141HITM. - GEORGE MILLER. - FAIRVIEW WARD. The Committee was in receipt of Planning and Development Staff Report PD 38/93 dated March 24, 1993. Mr. T. McCabe pointed out that the report deals with the question of further processing of the Official Plan Amendment Application and Zone Change Application submitted by George Miller with respect to the Federal Women's Correctional Facility proposed in the area of Manitou Drive and Homer Watson Boulevard. He noted that it was emphasized in the report that the existing Official Plan and Zoning and the requested Official Plan Amendment and Rezoning would all permit the Proposed Correctional Facilities and that the Department of Planning and Development was of the opinion the applications served no purpose and are not needed with respect to the Correctional Facility. Further, he commented that various municipalities have almost identical public use clauses as exist in Kitchener. He also advised that he had contacted the Director of Planning and Development for the City of Truro, Nova Scotia and found that the Federal Government had chose to submit a zone change for lands owned by the Municipality that were proposed to be used for a similar purpose. In summary, he stated that he could see no reason to process the applications and was of the view that any decision would not have any effect with regard to the applications. Alderman J. Ziegler referred to the memorandum dated March 25, 1993 from Mr. J. Shivas, Director of Legal Services, which comments on the matter of exclusive jurisdiction of the Federal Government to establish a Correctional Facility and questioned what wording could be incorporated into the City's Zoning By-law to deal with the proposed use as a permissible one. Mr. J. Wallace, City Solicitor, commented on the Federal Government's authority operating under its constitutional power. Mr. Neil Taylor, appeared as a delegation along with Mr. George Miller to present a submission which he distributed to the Committee. Mr. Taylor's submission discusses the rationale for their application for zone change, action to date respecting the filing of the Official Plan Amendment and Zone Change Applications and their argument to rebut the position and recommendation in Planning and Development Staff Report PD 38/93. Mr. Taylor took the Committee through the points outlined in this submission. Mr. Taylor also distributed a further submission of data and correspondence which make reference to the issue of zoning regulations with respect to the proposed site. He noted that upon review of this material, it is clear that the Federal Government desired to comply with Municipal Zoning. He also indicated that it was evident that there were no records of a study of the zoning ever having been conducted and pointed out that the application for Official Plan Amendment was made under protest. Mr. Taylor also distributed a copy of a letter dated April 2, 1993 from Mr. P. Nelson, Director of Planning and Development for the City of Truro, Nova Scotia, which noted that Truro was pleased with both sensitivity and approach used by Public Works Canada and Corrections Canada in the site selection process and the decision to follow local By-laws for rezoning. In summary, Mr. Taylor stated that the present Zoning By-law was not appropriate for the proposed use of the subject lands for a Correctional Facility. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 76 - APRIL 5, 1993 12. PD 38~93 - HOMER WATSON BOULEVARD/MANITOU DRIVE. - OFFICIAL PLAN AMENDMENT APPLICATION 93/3. - ZONE CHANGE APPLICATION 93141HITM. - GEORGE MILLER. - FAIRVlEW WARD. (CONT'D) Several questions were then posed by the Committee members and responded to by Mr. Taylor dealing with institutional use, compliance with zoning, recent amendment to the Official Plan and Zoning By-law which did not provide for correctional use. Mr. T. McCabe commented on the purpose of the recent amendments which dealt with exclusion of Secondary Schools. In reference to the example of Federal Government action in the City of Truro, Nova Scotia, Mr. T. McKay explained that Corrections Canada had two preferred sites and in order to resolve the site selection issue, a rezoning application was submitted for each site in order to make a determination of a single preferred site. Alderman T. Galloway referred to the public process followed with regard to various Zone Change Applications considered this date and pointed out that those matters were much less significant than the corrections facility issue which has not had the benefit of such public process. He then focused his remarks on the "dwelling unit issue", Regulation 5.8 of the M-2 Zone which limits the number of dwelling units to one unit for a specific purpose. This matter is discussed within Alderman Galloway's April 1 letter addressed to Mayor D.V. Cardillo and Members of Council. He indicated that his point was that the zoning regulations cannot be complied with and therefore, a Zone Change Application was required. Alderman Galloway indicated that an oversight may have taken place during the process of the correctional facility proposal and that an opportunity was now available to accept the applications that have been filed and thus allow for a public process to take place. Accordingly, he urged the Committee not to accept the staff recommendation and instead approve processing of the applications for Official Plan Amendment and Zone Change. Alderman J. Ziegler commented that he did not think the issue was crystal clear as in his view, the regulatory wording was ambiguous and the planning process ought to have an opportunity to be exercised. Further, he stated that the City should not rely on restrictive Federal powers. In response to Alderman C. Zehr, Mr. T. McCabe advised that since the proposal for the Correctional Facility was first considered, staff's position has remained the same and that staff had never interpreted the proposal as having any bearing to the dwelling unit issue. No other delegations were registered respecting this matter. Moved by Alderman M. Yantzi Seconded by Alderman B. Stortz That, whereas the establishment of a correctional facility in a municipality falls under Canada's constitution within the exclusive jurisdiction of the Federal Government, and whereas, the proposed correctional facility, as a public service use, presently complies fully with both the City's Official Plan and Zoning By-law 85-1 in any event; that Council take no action respecting further processing of Official Plan Amendment OPA 93/3 and Zone Change Application 93/4/H/TM (George Miller) as these applications are not required for the proposed use and further, that the full application fees, in full, be refunded to the applicant. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, April 13, 1993. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 77 - APRIL 5, 1993 13. STAGES 6 & 7 OF THE CITY'S COMPREHENSIVE ZONING BY-LAW Mr. T. McCabe advised the Committee that letters to some 15,000 property owners would be mailed regarding the City's Comprehensive Zoning By-law and suggested that it would be beneficial for Ward Aldermen to which each spend time with Planning Staff to review the effects of changes within the proposed By-law on their individual Ward. 14. ADJOURNMENT On motion, the meeting adjourned at 5:45 p.m. L.W. Neil, AMCT Assistant City Clerk