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PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
AUGUST 15, 1994
CITY OF KITCHENER
The Planning and Economic Development Committee met this date commencing at 3:35 p.m. under the
Chairmanship of Councillor C. Weylie, with the following members present: Mayor D.V. Cardillo and
Councillors B. Stortz, M. Wagner, M. Yantzi, J. Smola, C. Zehr, J. Ziegler and T. Galloway.
Officials present: Mr. R.W. Pritchard (Acting CAO), Mr. T. McCabe, Ms. S. Frenette, Mr. D. Snow, Mr. D.
Mansell, Mr. J. Shivas, Ms. C. Ladd, Ms. B. Newell, Mr. R. Mattice, Ms. J. Given, Ms. P. MacPherson, Ms.
V. Gibaut, Mr. J. Witmer, Mr. J. Cicuttin, Mr. T. Boutilier, Mr. V. Labreche and Mr. L.W. Neil.
1.SEMI-ANNUAL REPORT - ECONOMIC DEVELOPMENT DIVISION ACTIVITIES
The Committee was in receipt of a Semi-Annual Report of Activities in which the Economic Development
Division has been involved.
Ms. V. Gibaut advised that she had nothing further to add to the report other than to ask the Committee
members take particular note of the new businesses listed on page 2 of the report.
2.ANCHOR GROUP INCORPORATED (BLM DISTRIBUTION SYSTEMS) - OFFER TO PURCHASE
The Committee was in receipt of a memorandum from Mr. L.W. Neil advising that after a resolution
respecting an Offer to Purchase was considered by the Committee (June 20/94) and by City Council
(June 27/94) it was noticed that staff had neglected to refer to the name of the purchaser in the
resolution. Accordingly the Committee was requested to approve a new resolution including the
name of the purchaser to formally conclude this matter.
On motion by Councillor J. Smola,
it was resolved:
"That the
Mayor and Clerk be authorized to execute an Offer to Purchase from Anchor Group
Incorporated (BLM Distribution Systems) for the 11.2 acre parcel which is Part 1 and Part 2 of
Reference Plan 58R-9183 on McBrine Drive in the Huron Business Park for a total purchase
price of $700,000."
PD 94/70 - 314 & 344 OLD CHICOPEE DRIVE
- DEMOLITION CONTROL APPLICATION DC 94/05/RM
- OLD CHICOPEE ESTATES LTD.
- CHICOPEE WARD
The Committee was in receipt of Planning and Development Staff Report PD 94/70 dated August 2, 1994
dealing with a Demolition Control Application submitted by Old Chicopee Estates Ltd., with regard to
the properties known municipally as 314 & 344 Old Chicopee Drive. It was noted in the report that
the applicant proposes to demolish these two single detached dwellings in order to proceed with
Plan of Subdivision 30T-89011 which will create 127 single detached residences, one medium
density block and several open space blocks.
It was pointed out in the report that the Local Architectural Conservation Advisory Committee was
concerned with the demolition of 314 Old Chicopee Drive which is listed on LACAC's Inventory of
Heritage Buildings. LACAC intended to designate the property at 314 Old Chicopee Drive in 1992
but agreed to delay designation since there was no legal description available for the property
immediately surrounding the dwelling. In the meantime, the Plan of Subdivision was draft approved
which would now create a number of problems if the building was required to be retained.
Mr. R. Mattice advised that LACAC at its meeting held on August 12, 1994 had passed a resolution not to
pursue designation.
PD 94/70 - 314 & 344 OLD CHICOPEE DRIVE - DEMOLITION CONTROL APPLICATION DC 94/05/RM
- OLD CHICOPEE ESTATES LTD.
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- CHICOPEE WARD (CONT'D)
In response to Councillor J. Ziegler, Mr. D. Mansell provided an explanation of the road realignments
incorporated within the subdivision.
Mr. Brenton Toderan, MacNaughton Hermsen Britton Clarkson, appeared as a delegation on behalf of
the applicant to advise of his clients support for the recommendation in the Staff Report.
Councillor M. Wagner confirmed that LACAC reluctantly agreed after a lengthy discussion not to pursue
designation of 314 Old Chicopee Drive. He stated that he had concern over the development
process that resulted in this problem and pointed out that it has been agreed that the process will be
improved. Councillor Wagner indicated that Mr. T. Boutilier would be preparing a report for the
Committee's consideration that would prevent the necessity for this kind of demolition in future.
Councillor T. Galloway advised that he had voted against the Plan of Subdivision stating at the time his
concern was the loss of scenic qualities of Old Chicopee Drive and pointed out that some form of
heritage impact of such proposals has to be considered. Councillor C. Zehr stated that he
reluctantly agrees with the necessity for the demolition.
On motion by Councillor C. Zehr,
it was resolved:
"That Demolition Control Application DC 94/05/RM (Old Chicopee Estates Ltd.) requesting
approval for the demolition of two single detached dwellings located at 314 and 344 Old
Chicopee Drive legally described as Part of Lot 118, German Company Tract be approved
without conditions."
PD 94/72 - 259 COURTLAND AVENUE EAST
- REQUEST FOR APPROVAL OF TEMPORARY OCCUPANCY FOR CAKE
DECORATING BUSINESS
- ROCKWAY-ST. MARY'S WARD
The Committee was in receipt of Planning and Development Staff Report PD 94/72 dated August 5, 1994
prepared in response to a request for Temporary Occupancy to allow for a Cake Decorating
Business at 259 Courtland Avenue East. It was noted in the report that the applicant proposes to
use the subject property's garage to assemble and decorate cakes ordered from another bakery
with a small amount of accessory retail space for customers. The request meets the requirements
of Council's Temporary Occupancy Policy.
Mr. T. McCabe advised that staff had nothing further to add to the report.
Ms. Katherine Morrison-Bradford appeared as a delegation in support of her request and advised that
she was in agreement with the recommendation in the Staff Report.
On motion by Councillor C. Zehr,
it was resolved:
"That enforcement of the City's Zoning By-law be waived with respect to a cake decorating
business at 259 Courtland Avenue East and temporary occupancy be approved subject to the
business vacating the location in the event the City's Stage 6 Comprehensive Zoning By-law
(By-Law 94-1) is not approved by the Ontario Municipal Board in a form that would permit this
use.
PD 94/72 - 259 COURTLAND AVENUE EAST
- REQUEST FOR APPROVAL OF TEMPORARY OCCUPANCY FOR CAKE
DECORATING BUSINESS
- ROCKWAY-ST. MARY'S WARD (CONT'D)
Further, that in the event of failure to vacate, the City's Municipal Law Enforcement Officer be
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directed to commence notice of action to remove the illegal use and that any work done to the
premises be at the sole risk and responsibility of the owner in the event losses are incurred as
a result of the final disposition of Stage 6 of the Comprehensive Zoning By-law."
PD 94/73 - 323 KING STREET EAST - TONY DIBATTISTA
- PARKING LOT (SALE OF CITY LAND)
- VICTORIA PARK WARD
The Committee was in receipt of Planning and Development Staff Report PD 94/73 dated August 6, 1994
which was prepared following Mr. Alan Rudow's appearance at City Council on July 11, 1994. At
that time Mr. Rudow appeared as a delegation on behalf of a number of Cedarhill residents and
business owners along King Street between Eby Street and Cedar Street regarding the City land to
be sold at the rear of 323 King Street East. The sale of this small parcel of land to the owners of
323 King Street East would allow access from Charles Street to the rear of the building. It was
noted in the report that legislation does not allow the department to require a formal site plan
approval; however, as a condition of the land sale it was required that the owners receive approval
of a site plan to show the orderly development of the rear parking area.
Mr. T. McCabe summarized the issues of concern and noted that two plans were attached to the Staff
Report. He advised that the applicants had been extremely co-operative in addressing the
neighbourhood concerns and commented that the proposed site plan marked revised was
considerably better that the original site plan.
Mr. A. Rudow appeared as a delegation on behalf of neighbouring property owners and expressed thanks
to Councillors B. Stortz and M. Yantzi as well as to planning staff for their efforts to resolve
concerns. Mr. Rudow noted that the address of 232 King Street East as shown in the Planning Staff
Report was incorrect and in fact the address was 323 King Street East. He then advised that he
wished to seek assurances with respect to the following concerns:
- width of access so that vehicles are not parked along the access aisle
- purpose of the three parking spaces and that appropriate signing be erected prohibiting public
parking
- notification be given to the neighbourhood if future re-development was proposed
- an error in the location of a street light post on the site plan
- what impact if any future completion of the ring road would have
Mr. T. McCabe responded to the concerns as follows:
- the 5 m driveway width would not allow for driveway parking
- parking spaces were for employees only and could be signed as such
- a fire hydrant would be relocated at the owners expense
- new zoning and city policies encourage new uses
- in good economic times the block will re-develop
- the Legal Department intends to put the Site Plan on title
Mr. John Clinckett, Architect, advised that the light standard referred to has to be moved and that there
was no intention to create additional parking.
Councillor M. Yantzi expressed concern that directional arrows indicating one way traffic flow on Charles
Street be erected so that there could be no confusion in respect to vehicles exiting the rear parking
lot of the building.
PD 94/73 - 323 KING STREET EAST - TONY DIBATTISTA
- PARKING LOT (SALE OF CITY LAND)
- VICTORIA PARK WARD (CONT'D)
On motion by Councillor B. Stortz,
it was resolved:
"That Council accept the letter dated revised August 5, 1994 and accompanying site plan
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dated July 15, 1994 from John Clinckett Architect, both attached to Planning and Development
Staff Report PD 94/73, as the City's site plan approval providing for the orderly development of
the parking lot at 323 King Street East in accordance with the condition contained in the offer
to purchase between the City and Tony DiBattista."
PD 94/63 - RE-ORGANIZATIONAL PLAN FOR THE DEPARTMENT OF PLANNING AND
DEVELOPMENT
The Committee was in receipt of Planning and Development Staff Report PD 94/63 dated July 15, 1994
which outlines a re-organizational plan for the Department of Planning and Development. The plan
was approved by the Chief Administrative Officer on July 8, 1994. Attached to the report were a
functional organizational chart which depicts new functional areas and provides a summary of the
areas of responsibility under each and an organizational chart which shows the organization by
position, reporting structure and existing personnel now assigned to the various positions.
Mr. T. McCabe advised that copies of the report were mailed to members of the development industry for
their information. He noted that the re-organization at this time provided an excellent opportunity to
capitalize on such change given: the Department was in the last year of a five year plan, the
approval of the new Municipal Plan and the soon to be considered Stage 7 of the Comprehensive
Zoning By-law which would wind up a ten year project. Mr. McCabe referred to the objectives of the
restructuring as itemized on pages 1 and 2 of the report and noted that these objectives were
established before any organizational restructuring was considered. He then commented on these
objectives and the areas of responsibility of the General Manager and the Assistant General
Manager of the Department. Mr. McCabe then took the Committee through the functional areas of
the re-organized Department and pointed out that Mr. T. McKay had authorized renovations totalling
$25,000 to accommodate the changes which would be funded out of approximately $50,000 of
surplus funds remaining in connection with the finalization of the Comprehensive Zoning By-law 85-
1.
Councillor T. Galloway questioned if account had been taken with respect to re-grading of job positions in
connection with the re-organization. Mr. T. McCabe advised that costs in connection with any
gradings have not been established and that the City's Salary Administration Management
Committee had requested that the departmental re-organization be submitted and evaluated as a
package and it was expected that consideration would be completed by January 1995 with any
salary changes retroactive to July 18th. Councillor Galloway noted that savings were achieved as a
result of the retirement of the former Commissioner of Planning and Development and questioned
what effect from a social contract point of view such salary changes would have. Councillor C. Zehr
requested that a response be obtained from Mr. J. Gazzola on the impact of any changes as they
relate to the social contract. Councillor Zehr stated that he was generally pleased with the re-
organization and the initiatives to provide customers with one stop service as much as possible.
Councillor M. Wagner commented that he was pleased to see the Design, Heritage and Environment
Section be established as a result of the re-organization and pointed out that with such section
operational the problem experienced with respect to 314 Old Chicopee Drive would be prevented
from recurring in the future.
Councillor C. Weylie expressed concern over the lack of directional signage within City Hall particularly
as it relates to persons entering the building from Duke Street and elevator locations. Mr. R.W.
Pritchard advised that signs were being developed and would be installed very shortly.
PD 94/77 - AMENDMENT TO MUNICIPAL CODE
- DELEGATION OF AUTHORITY FOR SITE PLAN APPROVAL
The Committee was in receipt of Planning and Development Staff Report PD 94/77 dated August 10,
1994 which deals with the Delegation of Approval Authority for Site Plans and Authority for Mayor
and Clerk to execute Subdivision & Condominium Agreements, and Site Plan Agreements required
as a condition of Committee of Adjustment.
Mr. T. McCabe briefly commented on the changes that have been recommended in concert with the new
structure of the Department of Planning and Development.
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On motion by Councillor M. Yantzi,
it was resolved:
"1. That Section 683.2.1 of the Kitchener Municipal Code be amended by:
i) deleting reference to "Commissioner of Planninq and Development" and inserting "Mana,qer of
Desi,qn, Herita,qe & Environment"; and
ii) deleting reference to "Director of Development" and inserting "Assistant General
Mana,qer, Department of Planninq and Development."
iii) adding the following new clause:
That the Mayor and Clerk be authorized to execute all agreements required as a result of
the exercise of authority delegated to the City's Manager of Design, Heritage &
Environment and the City's Assistant General Manager with respect to Site Plan Control.
2. That the City Clerk be directed to amend Chapter 101 of the Municipal Code "Appointments"
to reflect the Department of Planning and Development new Organizational Plan.
3. That Section 10.111 of the City's "Dele,qation of Subdivision & Condominium Policy"
adopted by City Council on August 19, 1991, be amended to:
i) add clause 2 as follows:
2.That the Mayor and Clerk be authorized to execute all Subdivision Agreements required as a result of
the exercise of authority delegated under subsection land II above.
ii) delete all references to "Commissioner of Planninq and Development" and replace
with "General Mana,qer, Department of Planninq and Development."
4. That the Mayor and Clerk be authorized to execute all Agreements required as a result of
decisions of the Committee of Adjustment."
8. PD 94/75 & 94/32 - RECOMMENDATIONS RE - PD 94/32 BACKGROUND AND
RECOMMENDATIONS - FIRST STAGE (PLAN SUBMISSION TO REGIONAL DRAFT PLAN
APPROVAL) OF THE C.I.P. FOR THE SUBDIVISION APPROVAL PROCESS
The Committee was in receipt of Planning and Development Staff Reports PD 94/75 and PD 94/32. PD
94/75 dated August 9, 1994 sets out recommendations arising out of PD 94/32 dated June 20, 1994
which deals with background and recommendations for the First Stage (Plan Submission To
Regional Draft Plan Approval) of the C. I.P. for Subdivision Approval Process.
Mr. T. McCabe thanked the members of the C.I.P. Steering Committee who have been meeting for over a
year to develop the report which is now before the Committee. In addition Mr. McCabe advised the
Committee that he has made a number of presentations on the streamlining of the
8. PD 94/75 & 94/32 - RECOMMENDATIONS RE - PD 94/32 BACKGROUND AND
RECOMMENDATIONS - FIRST STAGE (PLAN SUBMISSION TO REGIONAL DRAFT PLAN
APPROVAL) OF THE C.I.P. FOR THE SUBDIVISION APPROVAL PROCESS (CONT'D)
Subdivision Process to other jurisdictions that have been enthusiastically received the approach taken in
the report. In particular Mr. McCabe referred the Committee to Appendix E which outlines both the
existing process and the proposed process for Subdivision Approval in chart form. He then
commented on a number of the recommendations in PD 94/32 and specifically referred to 2.10
which refers to the summer meeting schedule of Planning Committee and Council, 2.12 which
addresses any delay in the process and 2.5, 2.6 and 2.13 which deal with the delegation of
Approval Authority. Mr. McCabe also specifically referred to the manner in which items are being
prioritized A, B, C, in the Staging of Development Report and noted that this common format for
prioritizing allowed other agencies to work on the same projects at the same time thus streamlining
the process.
Councillor C. Weylie stated that she objected to recommendation 2.10 as she favoured retaining the
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current summer break between meetings in July and August as to accommodate vacation plans of
Members of Council. Councillor J. Ziegler supported recommendation 2.10 only on the condition
that it provide for a four week break between regular meetings in July and August but allow for the
holding of a special Planning Committee meeting followed immediately by a Council Meeting only if
absolutely necessary to consider an urgent matter. Councillor C. Zehr suggested that staff should
be developing a proposed schedule for 1995 at this time and seek Council's reaction.
Councillor J. Ziegler proposed that recommendation 2.10 be amended so as to add "excepting only that
there will be a four week break with no meetings scheduled the last two weeks of July and the first
two weeks of August."
Mr. Paul Britton, appeared as a delegation in his role as President of K-W Home Builders Association to
express his support for the Staff Reports and the C.I.P. Process which has brought about
streamlining which should bring cost savings to builders, the City and home purchasers. He
commented that a lot of policy changes were being introduced with the report but stressed that the
intent was for continuous review and revision as it becomes necessary so as to continuously
improve the process.
Councillor T. Galloway expressed concern with the fact that no changes were proposed as far as the
public participation process was involved and referred to the issue of recirculation of earlier
approvals. Further, he pointed out that it was not useful to bring Zone Changes/Plans of
Subdivision to the Planning and Economic Development Committee during summer months when
many residents would be on vacation and would be unable to respond to the applications. Mr. T.
McCabe acknowledged that it was staff's intent not to schedule controversial issues during the
summer months.
Finally Councillor C. Weylie commended the C.I.P. Steering Committee for its work and noted that she
was especially pleased with the participation of the Region of Waterloo.
The Staff Reports were then considered and it was agreed to revise recommendation 2.10 as proposed
by Councillor J. Ziegler. The recommendations, as revised, were then considered.
On motion by Councillor C. Zehr,
it was resolved:
"That Recommendations 1 and 2.3 to 2.16 inclusive of Report PD 94/32 be approved, as
outlined below:
That the following mission statement be endorsed by the C.I.P. Steering Committee: "To
ensure a streamlined subdivision approval process while providing for properly planned
communities".
PD 94/75 & 94/32 - RECOMMENDATIONS RE - PD 94/32 BACKGROUND AND
RECOMMENDATIONS - FIRST STAGE (PLAN SUBMISSION TO REGIONAL DRAFT PLAN
APPROVAL) OF THE C.I.P. FOR THE SUBDIVISION APPROVAL PROCESS (CONT'D)
2. That the C.I.P. Steering Committee recommend the following to Planning Committee and
City Council:
Submission of Application
2.3 That the City supports the position that a new subdivision application not be accepted for
processing unless 'pre-consultation' has occurred with City and Regional staff and any
necessary agencies as determined by Regional and City staff.
Problem Analysis and Resolution of Issues
2.4 That, as a priority, the City shall update Master Drainage Plans to current requirements in
order to minimize delays in subdivision processing.
2.5 That City Council acknowledge the desirability of the 'pilot' delegation of Ministry of
Natural Resource's review and approval of storm water management design to Grand
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2.6
2.7
2.8
2.9
City
2.10
2.11
River Conservation Authority, in consultation with the City of Kitchener.
That Council request Ministry of Environment and Energy (MOEE) to consider delegating
storm water management design review and approval, both quantity and quality, to the
Grand River Conservation Authority in consultation with the City of Kitchener.
That Council encourage the Grand River Conservation Authority to review its internal
process, including its regulations if necessary, with respect to presentations and
recommendations of applications to its Executive Committee so as to allow effective
development industry input and more direct participation of this group in the decision
making process.
That, as a general practise, new City policies shall not be applied retroactively to
'advanced' draft plans of subdivision, in active processing.
That the City of Kitchener acknowledges that it is an effective practise of issue resolution
to ensure that the applicant/developer is kept informed immediately of agency circulation
comments and copies of such responses are made available.
Approval Process
a)
b)
That except for a 4 week break with no meetings scheduled the last 2 weeks of July
and the first 2 weeks of August, a minimum of two Planning Committee and Council
meetings (special meetings if necessary) be scheduled in each month from June
through to September to consider applications for draft plans of subdivision and
implementing zoning by-laws for meeting Priorities 'A' and 'B' in each year's
approved Staging of Development Report.
That the City support the concept of 'lotless blocks' in draft plans of subdivision
subject to:
all draft plan submissions indicating in the legend the minimum and maximum
number of units by type for each Iotless block proposed
the requirement that lateral connections and proposed lot lines be shown on the
engineering drawing approved by the City's Department of Public Works prior to
registration of the plan
PD 94/75 & 94/32 - RECOMMENDATIONS RE - PD 94/32 BACKGROUND AND
RECOMMENDATIONS - FIRST STAGE (PLAN SUBMISSION TO REGIONAL DRAFT PLAN
APPROVAL) OF THE C.I.P. FOR THE SUBDIVISION APPROVAL PROCESS (CONT'D)
c) the City's Department of Public Works approving the Draft Reference Plan,
prepared in accordance with the lot lines shown on the approved Engineering
Drawings, prior to the City Solicitor scheduling any Part Lot Control Exemption By-
laws to Council containing such Iotless blocks
d)
the City advising Regional staff, at the time of release for registration, of the exact
number of lots and units by type, for each block shown on the approved engineering
drawings.
Re.qional (Minister's)Approval Process
2.12
That City Council recommend that Regional Council consider scheduling approval
of draft plans of subdivision by Regional Planning Committee where required, on
the strength of a favourable recommendation by Kitchener Planning Committee, in
the circumstances where further meeting delay has the potential of the subdivision
missing the current building season. In these cases, City of Kitchener staff shall
attend Regional Planning Committee to assist Regional staff.
2.13 That City Council support the Region of Waterloo in its submissions to the Province
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to expand the extent of delegation of authority with respect to engineering/servicing
approvals, particularly from Ministry of Environment and Energy (MOEE).
2.14
That City Council request the Region of Waterloo, as part of its 1994-1995 Regional
Development Charge By-law Review, to consider applying the collection of the
development charge 'pre-payment' to the release of each phase for servicing rather
than the release of each stage for plan registration.
Continuous Improvement
2.15
That the C.I.P. Team for subdivision approvals continue its work, without the need
of a facilitator, to accomplish the following as part of its Phase 2 objectives:
a)
review the City's Standard Form Subdivision Agreement with future
recommendations to Council on bringing it up to date; eliminating duplication and
inconsistencies; standardizing as many frequently used conditions as possible; and
arranging the conditions in a "sequence of actions" order;
b)
standardize the wording of special conditions applied in the Department of Planning
and Development's recommendations;
c) review standard Regional conditions; and
d)
review the process between Regional Draft Plan Approval and Plan Registration to
improve efficiency.
2.16
That, as a means of exploring other streamlining ideas, Council support a pilot
project that would identify a specific draft plan of subdivision to be submitted in the
next year as a priority project of all Departments to attempt to give City approval
within 90 days of receipt of completed application. The application to be identified,
shall be firstly approved by City Council and endorsed by the City's Project Review
Committee.
PD 94/75 & 94/32 - RECOMMENDATIONS RE - PD 94/32 BACKGROUND AND
RECOMMENDATIONS - FIRST STAGE (PLAN SUBMISSION TO REGIONAL DRAFT PLAN
APPROVAL) OF THE C.I.P. FOR THE SUBDIVISION APPROVAL PROCESS (CONT'D)
That Recommendations contained in Section 3 of Report PD 94/32 be acknowledged by
Council as improvements to the subdivision approval process and accepted for information,
with further action towards implementation being being taken by C.I.P. Steering Committee
and affected Departments."
PD 94/67 - KITCHENER RESPONSE ON ALTERNATIVE DEVELOPMENT STANDARDS TO
MINISTRY OF HOUSING AND MINISTRY OF MUNICIPAL AFFAIRS
The Committee was in receipt of Planning and Development Staff Report PD 94/67 dated August 9, 1994
dealing with a document that was jointly prepared by the Ministries of Housing and Municipal Affairs
entitled "Making Choices - Alternative Development Standards". The Province has requested
municipal comment be received by September 1, 1994 on the document which sets forth various
alternatives (mainly in the form of reductions) for development and engineering standards for the
development of new residential areas in an effort to reduce the cost of housing.
Ms. C. Ladd commented that the provincial guidelines were an attempt at streamlining with the purpose of
reducing the cost of housing. She noted that in the City of Kitchener about 90% of the provincial
recommendations are already a matter of standard operations and there were only two that were
not being done at this time. These two relate to the concept of rear lane development (including the
concept of mews) and allowing for on-street parking. With respect to rear lane developments it was
the position of staff that this proposal basically duplicates the amount of roadway required for
development of residential land since a fronting road is still required and the rear lane would require
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a right-of-way sufficient for two way traffic and snow clearing. It was noted that staff do not support
this development approach but would consider any proposed development on a site specific basis.
In regard to the issue of on-street parking staff emphasize that the issue of on-street parking not be
looked at in isolation but that numerous factors related to the issue be part of any review of the
matter.
For the information of the Committee, Councillor M. Wagner advised that the Adaptive Re-Use Committee
would be making a recommendation to investigate on-street parking in specific situations.
On motion by Councillor J. Ziegler,
it was resolved:
"That Planning and Development Staff Report PD 94/67 be received by Kitchener Council and
be forwarded to the Ministry of Housing and the Ministry of Municipal Affairs for information;
and further,
That no action be taken at this time to implement any specific recommendation arising from
the Provincial Guideline "Alternative Development Standards."
10. PD 94/71 - REGIONAL & AREA MUNICIPALITIES RESPONSE TO PROVINCIAL BILL 163
(AMENDMENTS TO PLANNING ACT AND COMPREHENSIVE POLICY STATEMENT)
The
Committee was in receipt of Planning and Development Staff Report PD 94/71 dated August 12,
1994. The report deals with Kitchener's response to Bill 163 dealing with amendments to the
Planning Act and Comprehensive Policy Statements and a response to the City of Mississauga's
request for support of their opposition to the amendment to Section 42 of the Planning Act which will
prevent the double charging system used in Mississauga.
It was noted in the Staff Report that Bill 163 is an act to revise the Ontario Planning and Development Act
and the Municipal Conflict of Interest Act, to amend the Planning Act and the
10.
PD 94/71 - REGIONAL & AREA MUNICIPALITIES RESPONSE TO PROVINCIAL BILL 163
(AMENDMENTS TO PLANNING ACT AND COMPREHENSIVE POLICY STATEMENT)
(CONT'D)
Municipal Act and to amend other statutes related to planning and other municipal matters. Once the
amendments to the Planning Act are proclaimed, the comprehensive set of policy statements will
come into effect. In order to solicit public and agency comments on the Bill, the Standing
Committee on Administration and Justice has been delegated the responsibility for holding a series
of public meetings across Ontario beginning August 29, 1994 and comments on the Bill are to be
received by the Committee prior to the public meeting.
Ms. C. Ladd advised that the Staff Report represented the City's comprehensive response to the Bill.
In response to Councillor C. Zehr, Mr. T. McCabe clarified that the proposed legislation was not relevant
to road noise and that it proposes a number of changes to the Conflict of Interest Act. Mr. R.W.
Pritchard advised that at the request of the Minister of Municipal Affairs a copy of that portion of the
draft bill relating to Conflict of Interest has been mailed to all registered candidates for the
November 14th Municipal Election and is being provided to prospective candidates upon inquiry.
Mr. Pritchard advised that a recent edition of Municipal World Magazine had a substantial comment
on the Conflict of Interest issue noted how the draft legislation was significantly improved over the
initial proposed legislation. Further, he pointed out that the Association of Municipalities of Ontario
would be dealing with the matter at its conference to be held next week.
Mr. P. Britton, President of the K-W Home Builders Association appeared as a delegation in respect to
the Staff Report. He advised that he had a concern in regard to recommendation la relating to
Kitchener's support of the Region of Waterloo's Report PC-94-060 and recommendation #6 of the
Regional Report which in reality relates to the price of houses and he asked that a rider be added to
the City's support to read "provided it does not deal with price". Mr. T. McCabe advised that staff
concur that the legislation should not refer to the matter of pricing.
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AUGUST 15, 1994
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CITY OF KITCHENER
The recommendation in the Staff Report was then considered and it was agreed that recommendation la
be revised so as to support the Region of Waterloo's report with the exception of recommendation
#6 regarding the condition setting price.
The recommendation in the Staff Report, as revised, was then considered.
On motion by Councillor C. Zehr,
it was resolved:
"1.
That the Provincial Standing Committee on Administration and Justice be advised of the
following with respect to City of Kitchener's position on Bill 163 - Amendments to the
Planning Act and a Comprehensive Set of Policy Statements:
a)
That Kitchener's City Council supports Region of Waterloo's Report PC - 94-060,
with the exception of recommendation number 6 regarding the condition setting
price.
b) That Kitchener's City Council:
Supports the efforts of the Province relative to the majority of the proposed
amendments to the Planning Act as contained in Bill 163 and particularly applaud
the changes being proposed for Minor Variances and the introduction of the
Development Permit System;
II.
Request consideration be given to further extending the authority granted under
Section 41 of the Planning Act (Site Plan Control) to allow municipalities to require
conditions for noise abatement and mitiqation measures and environmental
contamination and site decommissioninq.
10.
PD 94/71 - REGIONAL & AREA MUNICIPALITIES RESPONSE TO PROVINCIAL BILL 163
(AMENDMENTS TO PLANNING ACT AND COMPREHENSIVE POLICY STATEMENT)
(CONT'D)
III.
Request consideration be given to allowing municipalities to require conditions
related to approvals granted under Section 33 of the Planning Act (Demolition
Control);
2. That no action be taken on the City of Mississauga's request to support their opposition to
the amendments to Section 42 of the Planning Act with respect to parkland dedication."
11.
PD 94/69 -INFORMATION REPORT RE - PROVINCIAL BILL 120 -APARTMENTS IN
HOUSES LEGISLATION
- SUMMARY OF LEGISLATION AND REGULATIONS AND IMPLICATIONS
The Committee was in receipt of Planning and Development Staff Report PD 94/69 dated August 5, 1994
which deals with Bill 120 - Residents Rights Act. It was noted in the report that on July 14, 1994, Bill
120 was proclaimed into law and represents the enactment of the proposed legislation which had
previously been known as "Apartments in Houses". Report PD 94/69 provides a summary of the
legislation and the regulations and summarizes the efforts which have been made to implement the
legislative requirements in municipal documents. The legislation permits duplexing as of right and
accordingly a second unit is permitted within: a single detached dwelling, semi-detached dwelling
and townhouse dwelling (both street fronting and cluster) and new duplex dwellings are permitted in
the majority of residential zones.
Ms. C. Ladd advised that she had nothing further to add to the report under consideration.
In response to Councillor T. Galloway, Ms. Ladd advised that it was intended to implement the legislation
into the appropriate zones only. Councillor Galloway questioned the impact of the legislation on
medium density and Mr. Ladd advised that staff would look at and review the justification. Mr. T.
McCabe advised that the advertisement with regard to the September 12th public meeting to
consider Stage 7 of the Comprehensive Zoning By-law would be inserted in the K-W Record on
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CITY OF KITCHENER
August 19th. In this regard reference would be made in the advertisement that duplexing was
permissable in all residential zones except R1 and higher forms.
On motion by Councillor C. Zehr,
it was resolved:
"That Planning and Development Staff Report PD 94/69 (Bill 120 - Residents Right Act) be
received for information."
12. UPDATE RE- ONTARIO MUNICIPAL BOARD HEARING
- STAGE 6 - COMPREHENSIVE ZONING BY-LAW
Ms. C. Ladd provided the Committee with an update regarding Stage 6 of Comprehensive By-law 85-1.
She advised that the Ontario Municipal Board has given notification that it would be holding a short
Hearing on September 7, 1994. The objective of the Hearing would be to determine if approval of
the unappealed portions of Stage 6 would in any way jeopardize the appealled portions of Stage 6
re-zoning. She advised that staff were working actively with two appellants and that it was their
hope that the Central-Frederick Group would support the City's motion and that another appellant
will withdraw their appeal. She then proposed a motion recommending direction to staff regarding
this matter but subsequently withdrew it.
13. REQUEST RE- FLOOD PLAIN POLICY
Councillor J. Ziegler referred to minutes he had read involving the Stage 7 rezoning as it relates to flood
plain planning in the former Village of Bridgeport.
He questioned if we could better justify getting approval of a Special Policy Area if the municipality was
willing to accept liability for flooding.
Following further discussion, Mr. T. McCabe advised that staff would address Councillor Ziegler's request
in their report for the September 12th Stage 7 public meeting and investigate the possibility of a
Special Policy Area for the industrial area in Bridgeport under the Provincial Flood Plain Policy.
14. STANDARDS FOR OUTDOOR PATIOS
Mayor D.V. Cardillo asked that the Legal Department and the Planning and Development Department
review the standards for outdoor patios, not with the intent of restricting them. Councillor B. Stortz
suggested more rigid design standards were necessary.
15.ADJOURNMENT
On motion, the meeting adjourned at 5:45 p.m.
L.W. Neil, AMCT
Assistant City Clerk