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HomeMy WebLinkAboutPlng & Econ Dev - 1995-03-20P E D\1995 -03 -20 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES ~1~ I"11: KIT~HI:KII:I~ The Planning and Economic Development Committee met this date commencing at 3:15 p.m. under Councillor C. Weylie, Chair, with the following members present: Councillors John Smola, G. Lorentz, K. Redman, B. Vrbanovic, T. Galloway, M. Yantzi, J. Ziegler, M. Wagner and Jake Smola. Mayor R. Christy entered the meeting after its commencement. Officials present: Mr. T. McKay, Mr. T. McCabe, Mr. B. Stanley, Mr. D. Mansell, Mr. G. Borovilos, Ms. V. Gibaut, Ms. C. Ladd, Ms. D. Gilchrist, Mr. P. Wetherup, Ms. P. MacPherson-Bacon, Mr. J. Witmer and Mr. L.W. Neil. PD 95~20 - CONDOMINIUM CONVERSION APPLICATION CDC 92/001/CL - 81 EAGEN DRIVE - ROSS WALKER IN TRUST - FOREST WARD The Committee was in receipt of Planning and Development Staff Report PD 95/20 dated March 3, 1995 dealing with a Condominium Conversion Application submitted by Ross Walker In Trust with regard to lands known municipally as 81 Eagen Drive. The applicant requests approval to convert an existing 50 unit complex of terrace dwellings to condominium tenure. The dwellings were constructed in 1975 and are located on the northwest corner of Highland Road West and Eagen Drive. It was noted in the report that the lands were the subject of an application under the Rental Housing Protection Act for which approval was granted by City Council on September 27, 1993. Ms. C. Ladd advised that staff had nothing further to add to the report under consideration. Mr. Barry Scott, Solicitor, London, Ontario, appeared as a delegation representing the owners of the property and advised that the owners were in support of the recommendation in the staff report. He did note that the parking plan attached to the report indicated 16 visitor spots when in fact there were only 13. Mr. T. McCabe indicated that 3 visitors spots would be removed from the plan. No other delegations were registered respecting this matter. The staff report was then considered and it was agreed that condition l(d) be revised to indicate the parking plan dated February 17, 1995 would be revised March 20, 1995 to reflect deletion of 3 visitor parking spaces. On motion by Councillor G. Lorentz, it was resolved: "That Condominium Conversion Application CDC 92\001\CL (Ross Walker in Trust) which relates to 81 Eagen Drive be granted Draft Plan of Condominium approval, subject to the following conditions: That prior to the signing of the final plan by the City Clerk for registration, the Owner satisfy the following conditions: (a) That the final Plan for registration purposes shall be prepared in accordance with the attached Condominium Plan dated February 17, 1995 with a copy of the final plan being approved by the City's Manager of Community Planning and Development Review. (b) To submit a draft Condominium Declaration for the approval of the City's Manager of Community Planning and Development Review containing the following provisions: (i) To maintain the public and private sidewalks, driveways and parking areas in a snow free condition and void of any obstructions 12 months of the year. PD 95~20 - CONDOMINIUM CONVERSION APPLICATION CDC 92/001/CL - 81 EAGEN DRIVE - ROSS WALKER IN TRUST PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES - FOREST WARD (CONT'D) (ii) To prohibit the parking and storage of derelict vehicles and recreational vehicles on the subject lands. To arrange for a private contractor to pick up and dispose of garbage refuse from a designated refuse area. (c) The Owner covenants and agrees in writing to the City's Manager of Community Planning and Development Review to register a Condominium Declaration as required in Condition 1 (b) hereof. (d) To designate a visitor parking area as shown on the "Parking Plan" dated February 17, 1995, as revised March 20, 1995, attached, to the satisfaction of the City's Manager of Community Planning and Development Review, and to sign said area as "Visitor Parking" in accordance with the approved plan. (e) To submit to the City's Manager of Community Planning and Development Review, a letter from the Regional Municipality of Waterloo advising that all Regional conditions have been satisfied. The clearance letter shall include a brief statement for each condition outlined below detailing how each has been satisfied: (i) That a 7.62 metre (25 foot) daylight triangle at the intersection of Highland Road (Regional Road No. 6) and Eagen Drive be established and conveyed to the Region. (ii) That the Owner install a 1.82 metre high chain link fence, 0.15 metres offset from the property line of the Regional Road allowance adjacent to Highland Road (Regional Road No. 6). Such installation shall be completed to the satisfaction of the Region's Commissioner of Engineering. That the Owner submit a noise study to indicate the methods to be used to abate noise levels for the residential units to the Region's Commissioner of Planning and Culture and to enter into an agreement if necessary with the Regional Municipality of Waterloo to implement the results of the noise study. (f) To submit to the Department of Planning and Development in order to expedite the Municipal Release of the Draft Plan of Condominium for registration a detailed written submission outlining and documenting how all conditions imposed requiring attention and action prior to registration have been met and satisfied. (g) That any outstanding municipal property taxes and local improvements be paid to the City of Kitchener. That the conditions attached to City Council's September 27, 1993 approval under the Rental Housing Protection Act be satisfied prior to release of the Plan of Condominium for final registration. It is the opinion of this Committee that the approval of this application is proper planning for the City." The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, March 27, 1995. PD 95/18 - ROAD CLOSURE APPLICATION LC 94/01/PMB - UNTRAVELLED PORTION OF CAYUGA DRIVE - REQUEST FROM WATERLOO FURNITURE COMPONENTS LTD. - FAIRVIEW WARD The Committee was in receipt of Planning and Development Staff Report PD 95/18 dated PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES February 16, 1995 with respect to a Road Closure Application pertaining to the untravelled portion of Cayuga Drive. It was noted in the report that the City received a request in May 1994 from Waterloo Furniture Components Ltd., requesting that the road be closed and advising that they were interested in purchasing the entire road if the other abutting property owner was not interested. Canada Alloy Castings Ltd., the other abutting owner, has advised the City that they are not interested in purchasing half of the road abutting their land and have no objection to Waterloo Furniture Components Ltd. purchasing the entire closed portion of the road. Ms. C. Ladd advised that staff had nothing further to add to the report under consideration. Mr. Murray Waymouth, Waterloo Furniture Components Ltd., appeared as a delegation to express support for the recommendation in the staff report. No other delegations were registered respecting this matter. Councillor J. Ziegler questioned why Waterloo Furniture Components Ltd. desired the road closure and was advised by Mr. T. McCabe that it was for purposes of parking and access. The staff report was then considered. On motion by Councillor J. Ziegler, it was resolved: "That the following be approved with regard to Road Closure Application LC 94/01/PMB (untravelled portion of Cayuga Drive): That the Legal Department and General Services and City Clerks Department be instructed to proceed with the ordering of a survey, preparation of a By-law and necessary advertising in the local newspaper for the closing of a portion of Cayuga Drive. The title of the land is to be conveyed entirely to Waterloo Furniture Components Ltd., subject to the following conditions: That a survey be completed and registered prior to the completion of the road closure. That an easement be granted in favour of Kitchener-Wilmot Hydro for the existing hydro pole and associated guys, anchors and overhead wire located on that portion of Cayuga Drive to be closed. That an easement be retained in favour of the City of Kitchener for the existing sanitary and storm sewers located on that portion of Cayuga Drive to be closed. That Waterloo Furniture Components Ltd. shall be responsible for all the costs related to survey, legal, registration and advertising costs associated with the closure of the road. That Waterloo Furniture Components Ltd. pay the fair market value as determined by the City's Land Purchasing Officer, for that part of Cayuga Drive to be closed and title be taken in identical ownership as the abutting lands." The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, March 27, 1995. PD 95~27 - DEPARTMENT OF PLANNING AND DEVELOPMENT STRATEGIC PLAN 1996- 2000 The Committee was in receipt of Planning and Development Staff Report PD 95/27 dated March 13, 1995 dealing with a Strategic Plan for the Department of Planning and Development covering the years 1996 to the year 2000. It was noted that in early 1990 a five year Strategic Plan for the Department of Planning and Development had been approved and that staff now propose to develop a new Strategic Plan to the year 2000 involving a process that would be more open and PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES participatory with extensive involvement of many parties. Attached to the staff report were Appendix "A" outlining the process that is proposed to be followed to develop the Strategic Plan and Appendix "B" outlining the related timing which anticipates completion and approval early in 1996. Mr. B. Stanley provided an overview of the contents of Staff Report PD 95/27. Councillor J. Ziegler questioned what the consequences would be if the report was not endorsed and what staff would then be doing. Mr. Stanley noted that if the report was not endorsed something would definitely be lost and commented that one important objective of the Strategic Plan was to involve members of Council in building direction for the plan. Mayor R. Christy entered the meeting at this point. Councillor B. Vrbanovic suggested it may be beneficial for members of Council to have an opportunity to have input somewhere in the middle of the process leading to development of the plan and suggested an update approach to Council by staff so as to allow for that opportunity for input. Mr. B. Stanley advised that it was intended to involve the Chairman of the Planning and Economic Development Committee throughout the process. Further he stated that in Stage 3 staff would come back to the Committee for input with respect to the mission statement and he recommended that Committee involvement could take place during Stage 7 dealing with review of the draft Strategic Plan. Councillor J. Ziegler requested that staff explain the real purpose of the Strategic Plan process. Mr. B. Stanley noted that the initial Strategic Plan in 1990 had provided the department with a five year work plan. With reference to the proposed Strategic Plan he advised that its purpose was to set out key directions of where the department was going over the next five years so they could allocate resources to meet stated objectives. In particular he pointed out that the plan would designate resource allocation each year and also allow staff to anticipate changes and act in response. Several Councillors stated that they were fully supportive of the process to develop a new Strategic Plan. On motion by Councillor K. Redman, it was resolved: "That Planning and Economic Development Committee endorse the proposed process for preparation of Department of Planning and Developments Strategic Plan 1996 - 2000." DELEGATION OF CONSENT AUTHORITY TO COMMITTEE OF ADJUSTMENT AND DRAFT BY-LAWS The Committee was in receipt of a memorandum from Ms. D. Gilchrist advising that Provincial Bill 163 repeals and replaces Section 53 (Consent) of the Planning Act. The Regional Municipality of Waterloo has by by-law redelegated its authority to grant provisional consents and to change conditions of provisional consents (this being a new provision of the act) to local area municipalities. City Council has traditionally delegated its authority to grant consents to the City of Kitchener Committee of Adjustment and if this practice is to continue, it is necessary to pass a new by-law under the amended Planning Act. As the amendments to the Planning Act and to be proclaimed on March 28, 1995, it is necessary to have a by-law passed by Council at its meeting on March 27, 1995. DELEGATION OF CONSENT AUTHORITY TO COMMITTEE OF ADJUSTMENT AND DRAFT BY-LAWS (CONT'D) Also under the amended Planning Act, it is now possible to apply to change the conditions imposed by the Committee of Adjustment in the granting of a consent and a fee of $130.00 per application has been recommended to cover the cost of processing this type of application. Attached to the report were two draft by-laws concerning the forgoing issues. Councillor B. Vrbanovic questioned how the new fee for change of conditions was determined. Ms. Gilchrist advised that the fee is approximately half the fee of the original consent application and pointed out that the application would generate approximately half the work of the original PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES _'74 _ application. On motion by Councillor B. Vrbanovic, it was resolved: "That the Council of the Corporation of the City of Kitchener pass a by-law to delegate it's authority to grant consents pursuant to Section 53 of the Planning Act, as amended by Bill 163, to the City of Kitchener Committee of Adjustment, effective March 28, 1995. That By-law 95-21, being Chapter 375 of the City of Kitchener Municipal Code be amended to include a fee for an application to change conditions of a provisional consent of $130.00 per application." PD 95/28 - PUBLIC NOTIFICATION AND PARTICIPATION PROCEDURES - STATUS REPORT The Committee was in receipt of Planning and Development Staff Report PD 95/28 dated March 13, 1995 which was prepared as a status report on the review activities with respect to public notification and participation procedures under which the department operates. It was noted in the report that following Council's April 25, 1994 resolution asking the Department of Planning and Development to review its notice and recirculation procedures two extensions have been granted with respect to the undertaking. As part of this comprehensive review surveys of other municipalities have been undertaken, components of Bill 163 are being analyzed and incorporated into procedures as well as a local mediation program. Given the expanded scope of the review of current notification procedures, the Department requests additional time to develop totally new procedures rather than simply amending existing ones. Ms. C. Ladd commented on the undertaking which staff have now been looking at for almost a year and stressed once staff got deeply into the matter it became apparent that a more comprehensive approach would be the better way to go particularly with the recent implications arising from Bill 163 and integration of the local mediation program. She also pointed out that staff were receiving quality input from outside sources and that an extension was needed to develop a completely new process. Councillor M. Wagner commented that advertisements of applications to be considered by the Committee were not easily understood by the public and questioned if this issue was going to be addressed. Ms. Ladd advised that advertisements are going to be very different and improved. Councillor Jake Smola questioned how Official Plan Amendments would be treated rather than just through newspaper advertisements. Ms. Ladd advised that every notification process was up for review. Councillor Jake Smola stated that one issue he was concerned with was the requirement for erection of re-zoning signs on sites and the fact that they must be put up and kept up with penalties provided should the signs not be maintained. Mr. T. McCabe advised that staff were working to encourage builders to hand out plans for the area to home purchasers and noted that the point of the exercise was that everything being proposed was over and above minimum planning requirements. PD 95/28 - PUBLIC NOTIFICATION AND PARTICIPATION PROCEDURES - STATUS REPORT (CONT'D) Councillor T. Galloway stated that he was supportive of any initiative that improves notification procedures. He commented that he did have a concern that there was now an upswing of development applications with the improving economy that will in fact miss the new procedures which will not be in place until 1996. Further he stated that he had some concern over involvement of Community Mediation Services in the process and suggested their involvement would be more appropriate in later stages. Mr. T. McCabe responded that good ideas are being implemented as they are received and not all will have to wait until 1996. In summary he commented that staff in its review have now gone far beyond the issue of initial request by Council. On the matter of advertisements, Councillor M. Wagner questioned if cost effective methods of notification would be considered and he pointed out that he did not see advertisements in the Toronto newspapers for every Zone Change Application, etc. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES On motion by Councillor B. Vrbanovic, it was resolved: "That a further extension to December 31, 1995 be granted to complete a report relative to circulation notice requirements and recirculation of planning proposals. That Council support the expansion of the study to include the development of a new public participation program for land use planning in the City of Kitchener which may include, among other initiatives, the following: a) consideration of preliminary public information meetings as part of the new process for planning applications; b) the review of standard preliminary circulation letters to include more 'user friendly' language and the inclusion of standard information on the publics' responsibility in the planning process as outlined in Bill 163 (the revised Planning Act); c) the review of current content and Iocational requirements of subdivision billboard signs and other methods of information dissemination in newly developing areas of the City; d) discussion with Neighbourhood Associations to explore a system of appointing 'sub-committees' or 'individual representatives' for the purpose of developing a more formalized planning liaison; e) the implementation of new public notice and participation requirements as contained in Bill 163; f) consideration and implementation of any recommendations arising from the development of a local mediation program." VIDEO - PLANNING APPROVALS IN THE CITY OF CALGARY - PLANNING EDUCATION PROGRAM COMPANION NOTES TO THE VIDEO A video was shown of the process utilized in the City of Calgary to make it easier for the planning process to be understood where it involves redesignation of land, subdivision of land, development permits and building permits. Companion notes to the video were distributed with the agenda which explain in detail the planning processes referred to. VIDEO - PLANNING APPROVALS IN THE CITY OF CALGARY - PLANNING EDUCATION PROGRAM COMPANION NOTES TO THE VIDEO (CONT'D) Mr. T. McCabe commented that it was the first time he had seen a comprehensive explanation to the public of the planning process. Ms. V. Gibaut advised that the cost to produce such video was in the area of $2,000 per minute. 1994 ANNUAL REPORT OF THE ECONOMIC DEVELOPMENT DIVISION The 1994 Annual Report of the Economic Development Division was previously circulated at the Committee's February 27th meeting. Ms. V. Gibaut commented that 1994 was an excellent year for the City which saw the economy pick-up and many businesses expand. She referred the Committee to page 3 of the Annual Report and asked that note be taken of the prospect enquiry comparisons for the years 1992-1994 and the breakdown summary of lost opportunities in 1994. Further in reference to the 1995 objectives, she advised that staff deliberately did not insert a number of initiatives which include future of industrial land, more joint economic activity with the City of Waterloo, more PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES documentation of information on home based businesses, trade show involvement, business breakfasts, the continuation of marketing export functions, downtown revitalization activities, and identification of sources of capital. On motion by Councillor B. Vrbanovic, it was resolved: "That we accept the Economic Development Division 1994 Annual Report." 8. ADJOURNMENT On motion, the meeting adjourned at 4:45 p.m. L.W. Neil, AMCT Assistant City Clerk