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HomeMy WebLinkAboutPlng & Econ Dev - 1994-03-02PED\1994-03-02 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 2, 1994 The Planning and Economic Development Committee met this date commencing at 7:00 p.m. under the Chairmanship of Councillor C. Weylie, with the following members present: Mayor D.V. Cardillo, and Councillors J. Ziegler, T. Galloway, M. Yantzi, G. Leadston, J. Smola, C. Zehr, G. Lorentz, B. Stortz and M. Wagner. Officials present: Mr. B. Stanley, Mr. T. McCabe, Ms. B. Newell, Ms. J. Given, Mr. J. McBride, Mr. D. Snow, Mr. J. Cicuttin, Mr. L. Masseo and Mr. L.W. Neil. PD 94/21 - CREATING A SENSE OF PLACE. - CITY OF KITCHENER MUNICIPAL PLAN. The Planning and Economic Development Committee held a special meeting this date to consider adoption of the Kitchener Municipal Plan. In this regard, the Committee was in receipt of the following reports: (a) (b) (c) Creating a Sense of Place - City of Kitchener Municipal Plan. PD 129/93 - City of Kitchener Municipal Plan. PD 94/21 - a new Municipal Plan for the City of Kitchener. The Chairman advised that any issues deferred from the meeting this date would be referred to the regular Planning and Economic Development Committee meeting scheduled for March 21 st with all recommendations being forwarded to City Council for ratification at Council's regular meeting of March 28, 1994. Mr. B. Stanley confirmed the schedule outlined by Councillor C.M. Weylie. He stated that he did not expect many deferral requests but did recommend the Cybau lands and Scenic Roads Policies be deferred to the Committee's March 21st meeting. With respect to Staff Report PD 94/21, he pointed out that in recommendation #2, staff request permission to make map and text changes that are considered insignificant and would serve to clarify policies in instances where required. In reference to this matter, he advised that numerous letters have been received and dealt with and a binder containing such letters was available for viewing. Ms. B. Newell advised that the binder contains all responses received and that staff have gone through these and met with respondents. Ms. Newell then proceeded to review the text and mapping changes itemized in Staff Report PD 94/21 and respond to questions raised by Committee members with respect to the following policy changes set out in Staff Report PD 94/21: Suburban Office, Page 2-11. Fire Prevention and Fire Suppression Services, Page 2-23. Provincially Significant Wetlands, Page 2-58. Mrs. Jean Haalboom, 1165 Doon Village Road, appeared as a delegation to express a number of concerns under Policy #2 on page 2-38 and Policy #4 on page 2-84 as follows: older neighbourhoods being protected from blockbusting, the mechanics of dealing with community improvement areas, protection of heritage resources by special policy areas, a regulation should be added that heritage impact assessment be required under Scenic-Heritage Roads Policy and that certain Scenic-Heritage Roads be removed from Schedule "D" Roads to be Widened. Councillor M. Wagner suggested to Mrs. Haalboom that once residents were informed of heritage issues, they would act similarly to residents who have chosen to adopt heritage conservation districts. Mr. B. Stanley responded to the concerns raised by Mrs. Haalboom and referenced neighbourhood protective measures and road right-of-way protection measures. Councillor C. Zehr questioned if there should be a further explanation as to the City's intent to widen only certain road right-of-ways and not to widen the carriageway. Councillor T. Galloway confirmed that certain roads were included on Schedule "D" for the purpose of protecting the right-of-way and natural landscape. However, he suggested some explanation be included with the schedule to point out that some roads were on the list for the express purpose of protection and not for widening. Mr. B. Stanley took this suggestion under advisement. PLANNING & ECONOMIC - 36 - MARCH 2, 1994 DEVELOPMENT COMMITTEE PD 94/21 - CREATING A SENSE OF PLACE. - CITY OF KITCHENER MUNICIPAL PLAN. (CONT'D) Ms. Pat Nippel, President of DPPCA, cio 560 Mill Park Drive, appeared as a delegation to verbally convey numerous detailed revisions to the Municipal Plan document relative to policies itemized hereunder: Policy PaRe Policy PaRe 1.4.5 2-5 viii 2-80 2.1 (v) 2-6 4 2-84 3.1 2-12 9 2-85 6 2-15 Add Lower Doon 3-43 5.3 2-32 2 4-2 Councillor C.M. Weylie requested Ms. Nippel to provide a copy of her submissions to Mr. B. Stanley so as to allow staff to give detailed consideration to her suggestions. Councillor B. Stortz advised that these issues will be referred to staff and come back at the Committee's March 21 st meeting. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning Ltd., 171 Victoria Street North, appeared as a delegation on behalf of Hallman Aberdeen with regard to Subdivision Application 30T-88007 in Brigadoon to request that an oblong shaped parcel of land be designated as Low Rise Residential rather than Open Space. On motion, it was agreed to revise the appropriate mapping. Mr. Britton also advised that property fronting on Tilt Drive requires its full access on Tilt Drive, however, Policy #9 (iii) on page 2-85 indicates the property will not be served by a collector road. Mr. Britton requested Policy #9 (iii) be referred to the March 21st meeting and he would propose a revised policy that will reflect the reality of the transportation plan. On motion, it was agreed to defer and refer this access issue and the Cybau lands to the Committee's March 21st meeting and that the delegation meet with staff prior to the meeting. Mr. B. Clarkson, MacNaughton Hermsen Britton Clarkson Planning Ltd., 171 Victoria Street North, appeared as a delegation respecting two matters. The first matter is an 18.5 acre parcel of land owned by Sun Life at the northeast corner of Lackner/Fairway Roads, designation for which does not reflect the designation most recently approved. He advised that staff support a revision to Policy #20 respecting this issue. The second matter deals with the Gateway Business Park and he advised that his clients were looking for flexibility in the designation. In this regard, the Committee was in receipt of a letter dated February 24, 1994 from Mr. B. Clarkson explaining his request for Highway Commercial designation rather than Business Park designation to promote marketability of the site and to further develop the immediate area as a "power centre". Mr. B. Stanley advised that staff support the request subject to the outcome of a traffic study and a retail impact study. Further discussion took place concerning the implications of the requested designation. Mr. T. McCabe commented that subject to impact study results, staff were supportive of this subdivision and did not consider this type of retail to have an impact on downtown retailers. Councillor J. Ziegler commented that the City's regulations do not seem to require enough parking and requested that staff consider this issue. Councillor B. Stortz opposed the delegation request on the basis that the issue was still being debated through the Regional Official Policies Plan Review process. On motion by Mayor D.V. Cardillo, it was agreed to approve a Highway Commercial designation for Mr. Clarkson's clients within the Gateway Business Park subject to a traffic study and a retail impact study being completed by April 21 st. Mr. R. Hardie, Richard Hardie & Associates Inc., 260A Huron Road, appeared as a delegation with regard to lands in Huron Business Park as shown on Map #5. Mr. Hardie distributed a memorandum dated March 2, 1994 advising that his firm represents the majority of owners of land in undeveloped portions of the Huron Area who want a change to the existing and proposed Huron Business Park designation. He requested that uses within the Business Park designation be broadened as many of the permitted uses related to "traditional" industries for which demand no longer exists. He proposed transitional uses be permitted as outlined PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 37 - MARCH 2, 1994 PD 94/21 - CREATING A SENSE OF PLACE. - CITY OF KITCHENER MUNICIPAL PLAN. (CONT'D) on a map attached to his submission that would provide for a Mixed Use land designation between the Huron Natural Park, existing industry and residential areas. Accordingly, he asked that Policy #5.3 on page 3-16 be deferred and referred to the March 21st meeting to allow for his group to further discuss this matter with staff. Councillor M. Yantzi commented that it appears the delegation wishes planning to be driven by land sales statistics and not by outright planning. Mr. B. Stanley advised that in May 1992, staff approached the Committee to undertake a major review of the Huron Park Area and that the magnitude of the change now being requested could not be resolved before March 21st. The Chairman advised that before the request was dealt with another delegation was registered to be heard on this same issue. Mr. John Heij, appeared as a delegation on behalf of the First Christian Reformed Church, 388 Ottawa Street South, which owns a 5 acre property fronting on the south side of Bleams Road east of Westmount Road. Mr. Heij distributed a submission dated March 2, 1994 advising that the church plans to build a larger facility on the site and that the church has concerns with current and future zoning limitations. He noted that a proposal was being considered to develop a church, school and senior citizen's residential facility on the site which currently would be prohibited under the Business Park Zoning due to a 300 metre separation requirement from B1 Zoning (heavy industry). Accordingly, he requested that B1 Zoning be restricted to the interior of the Business Park. Mr. B. Stanley advised that such a change would have a severe impact on industrial properties and that staff would not entertain a change of use that impacts on the B-1 Zone. In response to Councillor B. Stortz, Mr. Heij stated that when the land was acquired, a residential use was not contemplated. Mr. B. Stanley indicated the Community Plan was almost completed and would likely be dealt with by Council in May and questioned if the Committee realistically would entertain a major change in the Huron Park. He requested an opportunity to discuss the requests by the two delegations with Mr. Hardie and bring the matter back to the Committee at its March 21st meeting. On motion by Councillor B. Stortz, it was agreed to defer and refer the requests of Messrs R. Hardie and J. Heij to the Committee's March 21st meeting so as to allow Mr. Stanley to meet with Mr. Hardie and prepare a report for Committee discussion of consideration of whether it wishes to proceed with the changes requested by Mr. Hardie and Mr. Heij. Mr. Erwin Hudel, 44 Beasley Drive, appeared as a delegation and advised that he has industrial property in Huron Park. He commented that Zoning By-laws do not allow for change as business conditions change. Mr. Hudel asked that zoning be changed to allow for more business uses since many regulations were out of step with the times which has resulted in many businesses in Huron Park being legally not permitted. In response to Councillor M. Yantzi, Mr. Hudel indicated more mixed uses should be allowed. Mr. B. Stanley commented that while Mr. Hardie's request relates to undeveloped lands, Mr. Hudel's request pertains to existing developed lands. Mr. Stanley pointed out that the Committee and Council had a full discussion of uses during consideration of the Office Location Study and it was basically resolved not to entertain any change. Mr. T. McCabe advised that Mr. Hudel had appeared before the Planning Committee in 1987 and noted that Mr. Hudel was saying that Business Park policies do not allow flexibility but Mr. McCabe stated that the Municipal Plan allows all kinds of offices at the perimeter of Huron Park. On motion, it was agreed not to take any action on Mr. Hudel's request for more Mixed Business Uses in Huron Park. Mr. B. Green, Green & Associates, 155 Lexington Court, Waterloo, appeared as a delegation on behalf of Stoltzlawn Farms Ltd. and advised that he had just been retained by the owners this date. He indicated that he had provided Mr. Stanley with a letter outlining concerns respecting this property which is situated in the extreme northwest corner of the City, west of future Ira Needles Boulevard. The property backs on to the PLANNING & ECONOMIC - 38 - MARCH 2, 1994 DEVELOPMENT COMMITTEE 1. PD 94/21 - CREATING A SENSE OF PLACE. - CITY OF KITCHENER MUNICIPAL PLAN. (CONT'D) Regional Landfill Site and is proposed to be designated General Industrial in the Municipal Plan. Mr. Green requested a three week deferral so as to allow for consideration of a Service Commercial designation. He indicated that City of Waterloo staff were dealing with a similar request. Mr. B. Stanley advised that the subject lands were affected by the West Side Referral and that General Industrial designation was decided upon as a result of discussions with the City of Waterloo. He indicated that staff support a deferral. On motion by Councillor J. Ziegler, it was agreed to defer consideration of the Stoltzlawn Farms land subject to discussion with the City of Waterloo. Mr. Andre Probst and Ms. Denice Probst, 24 Morrison Road, appeared as a delegation to request deferral of consideration of their Agricultural Zoned lands situated on the north side of Morrison Road at King Street East until the issues of access and land use are resolved. Mr. T. McCabe pointed out that a vacant lot fronting on Manor Drive was reserved for a future potential cul-de-sac access to the subject lands. In response to Councillor C. Zehr, Mr. Probst advised that he was attempting to obtain a private level crossing of the railway tracks. Councillor Zehr suggested Mr. Probst inquire with the Region on his idea to access King Street East. On motion by Councillor C. Zehr, it was agreed to defer and refer designation of the Probst's lands on Morrison Road to the Committee's March 21st meeting. Mr. Bob Black, 4 Park Avenue West, Elmira, appeared as a delegation representing Hearthwood which has lands in Brigadoon. He advised that he supports Policy #5 on page 2-58 as its relates to provincially significant wetlands and is important to the extension of services. Also, Mr. Black requested a clarification of a collector road extension from Biehn Drive through his client's lands. He indicated that the Brigadoon Community Plan shows the intersection being within the Open Space lands and that he had concerns regarding processing of his client's draft plan of subdivision and that the new plan reflects Ministry objection. Mr. Black noted that the Doon South Transportation Study was to be considered March 21st and that in view of his concerns and requested clarifications, asked that the Committee defer consideration of his client's lands from the Plan until these matters can be addressed with staff. Mr. B. Stanley advised that the collector road extension was dealt with by Official Plan Amendment #98 and pointed out that sections of roads were deferred and the Region would also defer this matter. In reference to Map #5, he advised that there was no representation that it is the map for road designation. On motion by Councillor M. Wagner, it was agreed that consideration of the Hearthwood lands, Biehn Drive be deferred and referred to the Committee's March 21st meeting. Mr. Mark Tutton, Monarch Construction Ltd., 2025 Sheppard Avenue East, Willowdale, appeared as a delegation regarding several points. Firstly, in regard to the issue of servicing through provincially significant wetlands, the revision in Staff Report PD 94/21 to Policy #5 on page 2-58 of the Plan is satisfactory. He commented that in order to develop non wetlands, it was necessary to intrude and cross wetlands. Secondly, he was in support of Recommendation #2 of map changes to Map #5 in PD 94/21. Thirdly, he advised he will be addressing minor changes respecting lands in the Pinnacle Drive/New Dundee Area. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning Ltd., 171 Victoria Street North, appeared as a delegation on behalf of Hallman Aberdeen relative to lands in Brigadoon. He outlined a chronology of events since 1987 and stated that he was concerned about what was shown on the Brigadoon Map in regard to Street "A" and Street "B" and the connection. He pointed out that the Draft Plan could be processed in May PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 39 - MARCH 2, 1994 PD 94/21 - CREATING A SENSE OF PLACE. - CITY OF KITCHENER MUNICIPAL PLAN. (CONT'D) but that the cornerstone was the Strasburg Road connection. Accordingly, he asked that the Committee reaffirm support for the road network as its relates to Strasburg Road and Streets A & B. Also, in reference to Policy #5 (provincially significant wetlands) on page 3 of Staff Report PD 94/21, he commented that it catches instances where decisions have already been made. In response to Councillor T. Galloway, Mr. Britton stated that extensive studies show the need to orient traffic to Strasburg Road and expressed other comments respecting traffic movement and effect on wetlands. Councillor C. Zehr questioned the alternatives and Mr. D. Snow stated that he agreed with Mr. Britton's comments on Streets A & B as being essential road links. Mr. P. Britton appeared as a delegation on behalf of Kaufman Footwear relative to lands at the intersection of the expressway and Wellington Street. He advised that a site specific Official Plan Amendment had been submitted but need for the Amendment is no longer necessary because of Recommendation #1 on page 2 of report PD 94/21 respecting Suburban Offices. He advised that he had requested inclusion of Personal Service Uses and that he intended to further discuss the matter with staff. Mr. Britton appeared as a delegation on behalf of Cybau Holdings respecting lands in Laurentian West. He requested clarification regarding a fill permit and associated mapping. Mr. P. Britton appeared as a delegation on behalf of JHS Properties respecting lands in the Pioneer Tower West Community. He requested a special policy as a notice in the Plan that the area is subject to ongoing study and stated that the matter would be coming back on March 21st. Mr. B. Stanley stated that the area is unique and that the policy points out the review and its framework. On motion by Councillor J. Ziegler, it was agreed to accept Mr. Britton's request respecting Pioneer Tower West. Mr. P. Britton appeared as a delegation on behalf of the majority of property owners in the Grand River South area to affirm support for the designations proposed in the Plan. Mr. P. Britton appeared as a delegation on behalf of the K-W Home Builders and advised that the organization submitted extensive correspondence on the Municipal Plan and that there had been a good dialogue with staff on issues of concern. Ms. Carol Wiebe, Cumming Cockburn, advised that she was representing Cybau Holdings respecting land in the Dundee Community and that she understood those lands would be dealt with on March 21 st. Mr. B. Stanley advised that he had circulated a letter this date from Mr. B. Lackenbauer who has lodged an objection to the Huron Plan and as a result will also object to the Municipal Plan. No other delegations responded to the Chairman's invitation to address the Committee. Councillor M. Wagner suggested that Policy #1.8 (Bonusing) on page 4-8 needs clarification as to whether it applies to only the Downtown and whether it could be expanded to environmental, heritage or preservation areas. Mr. B. Stanley commented that it was difficult to implement bonusing outside the Downtown as it was a density issue. Mr. T. McCabe stated that it was dangerous for bonusing to apply outside the Downtown as it could result in incompatible properties being adjacent to or abutting each other. Councillor M. Wagner referred to Schedule "D" (Roads to be Widened) on page 5-11 and following comments, it was pointed out that a clarification has already been directed regarding widening of rights-of-way rather than the carriageway way as its pertains to certain streets. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE -40 - MARCH 2, 1994 PD 94/21 - CREATING A SENSE OF PLACE. - CITY OF KITCHENER MUNICIPAL PLAN. (CONT'D) Councillor T. Galloway referred to Policy #3.1 (Growth Concepts) on page 1-5 and commented that there appears to be no intention to limit growth. He also suggested there should be a ratio requirement between residential/commercial/industrial growth. Mr. B. Stanley advised that the issue was addressed under the Official Plan Visioning exercise and under Regional Visioning and that Vision "C" of the Region had been endorsed. Councillor T. Galloway requested scenic roads be included in Policy #7 on page 1-7. On motion, it was agreed to incorporate scenic roads in Policy #7 on page 1-7. Councillor T. Galloway suggested that City Council needs to debate the future of Kitchener Housing and its mandate and that he was uncomfortable with the reference to Non Profit Housing in Policy #2 on page 2-3. Councillor C. Zehr stated that seeking improved provincial assistance should not be in the policy. Councillor T. Galloway referred to Policy #4 on page 2-48 respecting erosion and sedimentation measures under Stormwater Management Plans and asked that consideration be given to adding penalties. Mr. T. McCabe commented that the request was an engineering matter and recommended the matter be referred to the Public Works and Transportation Committee and suggested it might be better addressed as part of subdivision requirements. On motion, it was agreed to refer the penalty issue respecting erosion and sedimentation measures under Stormwater Management Plans to the Public Works and Transportation Committee for consideration. Councillor T. Galloway referred to Policy #2 on page 4-2 and stated that he believed it is in the best interests of good planning that no exemptions be given to policies under the Plan unless the requirement for land is for the infrastructure system and that the planning process apply for any other matter. Mr. T. McCabe stated that where senior levels of government own land they are not subject to Municipal Law as confirmed by the Ontario Municipal Board. Councillor C. Zehr suggested the wording be that Municipalities have to follow the Federal/Provincial Laws that supercede Municipal Laws. Councillor T. Galloway asked that the exemption apply only to infrastructure programs and Mr. B. Stanley indicated he would respond for the Committee's March 21st meeting. Councillor J. Ziegler suggested the City add "that not withstanding the power to override Municipal Laws, we request the Federal/Provincial Governments to abide by the standard local planning processes and regulations respecting their lands in the Municipality". Councillor M. Wagner commented that Victoria Street was shown as a Corridor from Fischer Hallman Road to King Street and questioned why the Corridor ends at King Street. Ms. B. Newell advised that termination at King Street was based on a lack of transit ridership easterly from King Street. Councillor M. Wagner referred to pedestrian movement under Policy #2 on page 2-76 and proposed that we encourage/require sidewalks from the periphery of a development into the development itself. Staff advised this approach was being incorporated into new developments. On motion, it was resolved: That subject to the deferrals and referrals and other direction agreed to this date, "Creating a Sense of Place, City of Kitchener Municipal Plan" be adopted with the major text and map changes outlined in Staff Report PD 94/21. That staff be instructed to refine maps where necessary and to make editorial changes to clarify policies where appropriate. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE -41 - MARCH 2, 1994 ADJOURNMENT On motion the meeting adjourned at 11:10 p.m. L.W. Neil, AMCT Assistant City Clerk