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HomeMy WebLinkAboutPlng & Econ Dev - 1995-05-29P E D\1995 -05 -29 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MAY 29, 1995 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:11 p.m. under Councillor C. Weylie, Chair, with the following members present: Councillors John Smola, K. Redman, B. Vrbanovic, T. Galloway, M. Yantzi, J. Ziegler, M. Wagner and Jake Smola. Councillor G. Lorentz entered the meeting shortly after its commencement. Officials present: Mr. T. McKay, Mr. T. McCabe, Mr. B. Stanley, Ms. C. Ladd, Mr. J. Witmer, Ms. V. Gibaut, Mr. J. Shivas, Mr. R. Mattice and Mr. L.W. Neil. PD 95~54 - SUMMARY OF APPROVALS GRANTED THROUGH DELEGATION OF AUTHORITY BY COUNCIL FOR PLANS OF SUBDIVISION AND CONDOMINIUM The Committee was in receipt of Planning and Development Staff Report PD 95/54 dated May 25, 1995. The report sets out a summary of approvals for the year 1994 granted through the delegation of approval authority by Council to the General Manager of Planning and Development for Plans of Subdivision and Plans of Condominium. It was also requested in the report that Council delegate similar approval authority for the City's General Manager of Planning and Development to approve Draft Plans of Condominiums related to the Rental Housing Protection Act except in specified situations. Mr. T. McCabe advised that the report summarizes the changes to specific Plans of Subdivision and Plans of Condominium that were approved during the year 1994 as a result of Council delegating its authority. He did point out that Provincial Bill 163 now requires a public meeting for all Plans of Subdivision and the Delegation of Authority will have to be revised to address this change in legislation. Mr. McCabe pointed out the additional delegation authority being requested deals with Draft Plans of Condominiums related to the Rental Housing Protection Act. Councillor G. Lorentz entered the meeting at this point. Councillor T. Galloway indicated that he did not understand the full implications of the recommendations in the report and Mr. T. McCabe reviewed the legislation and the Regional and City responsibilities. He noted that for any new application received under the new Act, the City's policy would not apply and the subdivision would have to come to Council for approval. Councillor Jake Smola questioned the situation where a developer might wish to make a change that was not appropriate and Mr. T. McCabe advised that his action under the delegated authority could not be contrary to Council Policy. On motion by Councillor J. Ziegler, it was resolved: 1) "That Planning and Development Staff Report PD 95/54 be received for information; 2) That City Council delegate approval authority to the City's General Manager of Planning and Development for the approval of Draft Plans of Condominiums related to the Rental Housing Protection Act except in the following cases: a) when there is any disagreement by the applicant relative to the General Manager of Planning and Development's overall recommendation or any condition in particular; b) when there is any condition contained within the recommendation for draft plan approval which would have any special or unanticipated financial implications to the City; c) where the General Manager of Planning and Development deems that a review by City Council is necessary or beneficial; d) where the General Manager of Planning and Development is recommending refusal of a draft plan of condominium." 2. PD 95~29 - HURON ENVIRONMENTAL AREA COOPERATIVE PROJECT - INTERIM PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES E/IGV '~G 'IGGK _ CiA _ CONTROL BY-LAW AND ADJACENT LAND USE IMPACT STUDY - SOUTH WARD The Committee was in receipt of Planning and Development Staff Report PD 95/29 dated May 18, 1995. The report deals with the Huron Environmental Area Cooperative Project - Interim Control Bylaw and Huron Park Adjacent Land Use Study. Mr. B. Stanley advised that the staff report has been produced as a consequence of an action taken by City Council in 1993 to protect the Huron Natural Area. He advised that the report was comprised of three sections: the first being recommendations by the Department as to how the subject should be dealt with, the second being the Geomatics Adjacent Land Use Study and the third part being the Strasburg Creek Master Watershed Addendum which he noted was a very technical document. Mr. Stanley pointed out that the recommendations in the report were structured so that their adoption would set in place a process that would result in consideration of the issue by other bodies. The entire matter would come back to the Planning and Economic Development Committee for a public meeting on September 18, 1995. He noted that input from affected property owners would also be obtained and that meetings would be held with individual landowners. In terms of the Geomatics Study he advised that the original concerns were still relevant but that there were many other impacts that have been identified that affect the area in question. Also he pointed out that there was a need for more information with respect to ground water recharge. Mr. Stanley pointed out that the report tackles many topics and advised that staff propose an outreach program to work with both industry and with new residents to ensure that they understand the consequences of their activities as they could affect the Huron Natural Area. He indicated that it was his hope the report will set a pattern on how the City deals with such natural areas in the future. Councillor Jake Smola raised a question relative to the impact of industrial operations and Mr. Stanley advised that the concern was over contamination and there was an onus on the part of owners to examine and to provide for asphalting and catchment capability should a spill occur. Also he advised that if a business was undertaking expansion the necessary approvals and requirements would depend on the size and extent of the business expansion. Councillor Jake Smola also questioned if City lands would become less markable in consideration of all the regulations being added. Mr. Stanley advised that he did not think this was the case given that most municipalities were moving in this direction anyway and provincial wetland policy regulations apply. Mr. B. Stanley advised that staff have held meetings with officials of the Ministry of Natural Resources, the Grand River Conservation Authority and the Public Works Department and as a result will be making some additions to the report as an addendum. Councillor T. Galloway commented that the report addresses the long term sustainability of the Huron Natural Area. Further he noted that vacant land owners consider the natural area as a plus in the marketing of their lands for development. Councillor C. Weylie pointed out that there was little mentioned in the report with respect to air pollution from industrial operations and Mr. B. Stanley advised that the list of uses deals with potential problems in respect to air pollution and it is also proposed that additional prohibited uses that create significant odours be prohibited. The recommendations in the staff report were then considered. It was agreed to add the Business and Industry Advisory Committee as one of the bodies to which the report would be referred for input. It was also agreed that the bodies being requested to provide input do so and return their comments by September 6, 1995. The recommendations as revised were then considered. PD 95~29 - HURON ENVIRONMENTAL AREA COOPERATIVE PROJECT - INTERIM CONTROL BY-LAW AND ADJACENT LAND USE IMPACT STUDY - SOUTH WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES E/IGV '~G 'IGGK On motion by Councillor M. Wagner, it was resolved: 1) "That Council refer the Huron Environmental Area Cooperative Project - Interim Control Bylaw and Huron Park Adjacent Land Use Study, together with the Strasburg Creek Master Watershed Plan Addendum, to the Environmental Committee, Business and Industry Advisory Committee, Huron Natural Area Steering Committee, Huron Natural Area Interim Board of Directors, K-W Homebuilders and affected property owners for input and comment by September 6, 1995; with the report, and associated Municipal Plan and Zoning Bylaw Amendments, coming back to Planning and Economic Development Committee for consideration at a Public Meeting September 18, 1995. 2) That the following recommendations be considered by Council after input is received from the Environmental Committee, Business & Industry Advisory Committee, Huron Natural Area Steering Committee and Interim Board of Directors, K-W Homebuilders and affected property owners: (1) That Council receive the Huron Park Adjacent Land Use Study. Geomatics International Inc., December, 1994. (Attached as Appendix D) (2) That Part 3, Section 5.3 of the Municipal Plan be amended to incorporate a policy to prohibit the list of uses outlined in Part 3, Policy 5.1.5 of the Municipal Plan, with the exception of stamping or punch-pressing of metal and the addition of the manufacturing of organic chemicals, paints and varnish, soaps and detergents, and resins and coatings, on all lands covered by Interim Control Bylaw No. 93-192. (3) That Bylaw 85-1 be amended to rezone all lands covered by Interim Control Bylaw No. 93-192 from Business Park Zone (B-l) to Restricted Business Park Zone (B-2) with special use provision adding Asphalt Paving Plant and the manufacturing of organic chemicals, paints and varnish, soaps and detergents, and resins and coatings as prohibited uses and deleting Stamping, Blanking or Punch-Pressing of Metal as a prohibited use. (4) That Council request staff from the Department of Planning and Development and the Economic Development Division to undertake consultation with property owners and industrial businesses in the existing developed Business Park (B-l) zoned lands east of the Huron Natural Area with the objective of deleting the prohibited uses as outlined in Recommendation (3) from properties that could impact on the Huron Natural Area. (5) That Council approve the Strasburg Creek Master Watershed Addendum (attached as Appendix C) and that Sections 2.0 to 5.0 of the Implementation Report for the Strasburg Creek Master Watershed Plan be amended accordingly. (6) That Site Plan Approval Conditions for all lands within the Huron Business Park be amended to require the minimum asphalt paving of areas used for vehicle servicing/repair and vehicle storage particularly where such storage is associated with vehicles undergoing repair and for all loading/unloading areas and transfer areas. PD 95~29 - HURON ENVIRONMENTAL AREA COOPERATIVE PROJECT - INTERIM CONTROL BY-LAW AND ADJACENT LAND USE IMPACT STUDY - SOUTH WARD (CONT'D) (7) That the City's Guidelines Governing Landscape Plan Requirements be amended to address the issue of the spread of exotic plant species into PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES E/IGV '~G 'IGGK (8) (9) (10) _ GK _ woodlands and natural areas through consideration of the incorporation and application of the Region of Waterloo Policy, Plantinq Alien Species In or Adjacent to Environmentally Sensitive Policy Areas EEAC-92-11. That City Council request staff to prepare a report on the approach, costs and opportunities to undertake additional research and study within the Strasburg Creek Subwatershed, including the Huron Natural Area, on such matters as hydrogeology; ground water recharge/infiltration; groundwater flow and contaminant transport modelling; soil, vegetation and wildlife management plans; and natural area Master Planning. That the City Environmental Committee, in conjunction with the Huron Natural Area Steering Committee, establish a post development Long-term Monitoring Program for the Strasburg Creek Subwatershed. That the City Environmental Committee, in conjunction with the Environmental Study Group, implement an educational outreach/ stewardship program covering both new and existing development within the Strasburg Creek Sub-watershed and in particular, those new and existing residential and industrial developments imparting on the Huron Natural Area." LETTER - COMMUNITY JUSTICE INITIATIVES OF WATERLOO REGION - COMMUNITY MEDIATION SERVICES FOUR MONTH REPORT TO THE CITY OF KITCHENER The Committee was in receipt of a copy of a letter dated May 15, 1995 addressed to Mr. T. McCabe from Community Justice Initiatives of Waterloo Region. Ms. R. Stocco, Co-ordinator of Community Mediation Services attached to her letter a report for the period beginning January 1, 1995 to April 30, 1995 pointing out that CMS worked on five cases for a total of 77 volunteer and staff hours. Mr. T. McCabe pointed out that the City pays CMS $4,000 per year plus $100 per case and that in his view the organization was providing good support by resolving neighbourhood issues through mediation. 4. PD 95/53 - AUTOMATIC EXPIRATION OF PART LOT CONTROL EXEMPTION BY-LAWS The Committee was in receipt of Planning and Development Staff Report PD 95/53 dated May 23, 1995. The report deals with Automatic Expiration of Part Lot Control Exemption By-laws. It was noted in the report that changes to the Planning Act from Bill 163 now allow for by-laws exempting lots or blocks from Part Lot Control to expire automatically within a time frame as specified in the by-law. It is proposed that this period of expiration be set at two years from the date of by-law enactment. Also this will allow for consistency with Applications of Consent (severance). Mr. T. McCabe commented on the purpose of the recommendation and pointed out that the recommended two year duration would be a benefit in terms of the City's administration of these matters. PD 95~53 - AUTOMATIC EXPIRATION OF PART LOT CONTROL EXEMPTION (CONT'D) On motion by Councillor G. Lorentz, it was resolved: BY-LAWS "That under the authority granted to Municipalities in accordance to Section 50 (7.1) of The Planning Act, RSO, 1990 c.P. 13 as amended, the expiration time of the By-law exempting residential lots or blocks within a registered plan of subdivision from Part Lot Control be set at two years from the date of enactment of said By-law by City Council." PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES PD 94/85 - MODIFICATION TO OFFICIAL PLAN AMENDMENT NO. 158 (CENTRAL FREDERICK NEIGHBOURHOOD SECONDARY PLAN) - ZONE CHANGE APPLICATION 95171CFICL (CENTRAL FREDERICK) - ZONE CHANGE APPLICATION 95121EICL (EDNA STREET) - CENTRE WARD The Committee was in receipt of a staff report which proposes modifications to Official Plan Amendment No. 158 (Central Frederick Neighbourhood Secondary Plan) and approval of two related Zone Change Applications. The first modification to lands located south of Frederick Street, north of Krug Street, east of Lancaster Street and west of Simeon Street, as shown on Schedule A (Plan for Land Use) attached to the report, proposes to change the land use designation from 'Low Density Conservation - B' to 'Low Density Conservation - A', the effect of which deletes three unit dwellings (triplexes) as a permitted use. The proposed implementing zoning by-law will apply special use provision 129 which prohibits 3 unit dwellings. The second modification to lands on Edna Street and Mansion Street east of Edna Street, as shown on Schedule A (Plan for Land Use) attached to the report, proposes to redesignate the lands from 'Community Institutional' to 'Low Density Commercial Residential' and to change the zoning from Community Institutional (I-2) to Commercial Residential One Zone (CR-1). In addition, special use provision 199 will be maintained for property located at 295 Mansion Street to allow an expanded home business. In this regard the Committee considered Staff Report PD 94/85 dated May 1, 1995 and proposed by-laws dated April 13, 1995 and April 18, 1995 attached to the report. It was pointed out that notice that the Committee would hold a public meeting this date to consider these matters had previously been given. Ms. C. Ladd advised that staff had nothing further to add to the report under consideration. She summarized activity outlined in the report since approval of Official Plan Amendment No. 158 particularly as it relates to appeals to the amendment and a mediation process undertaken in that regard. In response to Councillor M. Yantzi, Ms. Ladd advised that eight residents participated from the Central Frederick Neighbourhood as part of the mediation process. She also advised that an agreement to withdraw objections has been submitted to the Ontario Municipal Board. On motion by Councillor M. Yantzi, it was resolved: 1) "That Council recommend to the Regional Municipality of Waterloo that the following modifications to Official Plan Amendment No. 158 - Central Frederick Neighbourhood Secondary Plan be accepted: PD 94/85 - MODIFICATION TO OFFICIAL PLAN AMENDMENT NO. 158 (CENTRAL FREDERICK NEIGHBOURHOOD SECONDARY PLAN) - ZONE CHANGE APPLICATION 95171CFICL (CENTRAL FREDERICK) - ZONE CHANGE APPLICATION 95121EICL (EDNA STREET) - CENTRE WARD (CONT'D) a) That those lands designated "Low Density Conservation - B" on the west side of Krug Street; both sides of Brubacher Street, Hohner Avenue, Chapel Street, Bingeman Street and Samuel Street; and the east side of Clarence Place be redesignated "Low Density Conservation - A" as shown on the attached Schedule A (Plan for Land Use), dated March 21, 1995; and PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES E/IGV '~G 'IGGK b) That the lands on Mansion Street west of Edna Street designated "Community Institutional" be redesignated "Low Density Commercial Residential", also as shown on the attached Schedule A (POlan for Land Use), dated March 21, 1995. It is the opinion of this Committee that approval of these Modifications to the Official Plan Amendment is proper planning for the City. 2) That Zone Change Application 95/7/CF/CL (Central Frederick) proposing a change in zoning on lands generally bounded by Krug Street, Frederick Street, Lancaster Street and Simeon Street by applying special use provision 129U, be approved in the form shown in the 'Proposed By-law' attached dated April 13, 1995, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City. 3) That Zone Change Application 95/2/E/CL (Edna Street) proposing a change in zoning from Community Institutional (I-2) to Commercial Residential One Zone (CR- 1) and Commercial Residential One Zone (CR-1) with special use provision 199 on lands located on Mansion Street east of Edna Street be approved in the form shown on the 'Proposed By-law' attached dated April 18, 1995 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City." 6. BUSINESS AND INDUSTRY ADVISORY COMMITTEE - TERMS OF REFERENCE Councillor C. Weylie commented that as a result of the May 11th minutes of the Business and Industry Advisory Committee it would appear that the Committee is questioning what their role is. Mr. T. McKay advised there are Terms of Reference for the Committee. Councillor C. Weylie requested that the Terms of Reference for the Business and Industry Advisory Committee be referred to a future agenda of the Planning and Economic Development Committee for consideration. 7. TREE PROTECTION PROVISIONS (BILL 163) Councillor K. Redman questioned what the City's position was with regard to the tree protection provisions incorporated in Provincial Bill 163. Mr. T. McCabe advised that the Planning and Economic Development Committee has already referred the tree cutting issue to the Environmental Committee for consideration as part of its revision of the City's Strategic Plan for the Environment. He also pointed out that there was lots of controversy with regards to the Bill as to the aspect of government interference in 7. TREE PROTECTION PROVISIONS (BILL 163) (CONT'D) the affairs of private property owners and noted that the subject was a major issue requiring that a lot of questions be answered. However, he did state that the legislation does allow the City to pass by-laws that would protect trees on private property. 8. MUNICIPAL AWARDS Mr. T. McKay advised that the City was in receipt of two awards from the Canadian Association of Municipal Administrators. The first is a National Environmental Award regarding the Huron Natural Area and the second is a distinguished Certificate for the City's Annual Staging of Development Report. It was requested that these awards be formally presented to the City at a future televised City Council meeting. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES E/IGV '~G 'IGGK _ CiG _ 9. ADJOURNMENT On motion, the meeting adjourned at 3:55 p.m. L.W. Neil, AMCT Assistant City Clerk