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HomeMy WebLinkAboutPlng & Econ Dev - 1997-10-06PED\1997-10-06 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 6, 1997 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:05 p.m. under Councillor C. Weylie, Chair, with the following members present: Councillors John Smola, G. Lorentz, T. Galloway, M. Yantzi, J. Ziegler and M. Wagner. Mayor R. Christy and Councillors K. Taylor-Harrison and B. Vrbanovic entered the meeting after its commencement. Officials present: Ms. C. Ladd, S. Frenette and Messrs. T. McCabe, B. Stanley, D. Mansell, R. Mattice, J. Shivas, J. Witmer and L.W. Neil. 1. PD 97~88 - DEVOLUTION OF SOCIAL HOUSING RESPONSIBILITIES TO MUNICIPALITIES The Committee was in receipt of Planning and Development Staff Report PD 97/88 dated August 28, 1997 dealing with the subject of devolution of social housing responsibilities to municipalities. It was noted in the report that on January 14, 1997 the Provincial Government announced that the responsibility for funding and administering social housing would be transferred to municipalities. In this regard the government plans a three stage process to devolve social housing to municipalities, as follows: 1) transfer funding responsibilities to municipalities as of January 1, 1998; 2) reform social housing programs by mid to late 1998; and 3) gradually transfer the administration of social housing to municipalities by the year 2000. Ms. S. Frenette appeared before the Committee to present her report which she noted would be one of a series of reports. An overhead powerpoint presentation was given that illustrated: - the provincial schedule of devolution -legal authority respecting all aspects - reference to Advisory Council on Social Housing and its purpose - social housing definition which includes: · non profit corporations · cooperatives · local housing authorities · rent supplement agreements with private landlords - three different funding methods of social housing - differences in social housing - components of current funding Councillor K. Taylor-Harrison entered the meeting at this point. Ms. Frenette highlighted the following substantial issues of concern: - lack of information respecting financial impacts of downloading - complexity of housing ownership/operating models -federal and provincial downloading - cost of administration at local level is unknown - capital repairs and replacement reserves - pooled mortgage arrangements - interest rates and fluctuation Councillor T. Galloway questioned why the Region of Waterloo wouldn't be requesting the information itemized in the report rather than the City of Kitchener. Ms. Frenette advised that it was her view the same information should be presented to Regional Council and indicated that she had written to Mr. G. Thompson to make such suggestion. Councillor G. Lorentz was of the view that the local municipalities with experience in the social housing field should offer their expertise and resources to the Region in respect to this matter. Councillor J. Ziegler indicated that he wished to move the recommendation in the staff report but asked that it be revised to include reference to the Region of Waterloo dealing with this matter and provision that a copy of the resolution be forwarded to all local municipalities within the Region, the four local MPP's and the Association of Municipalities of Ontario. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 6, 1997 - 151 - CITY OF KITCHENER PD 97~88 - DEVOLUTION OF SOCIAL HOUSING RESPONSIBILITIES TO MUNICIPALITIES (CONT'D) On motion by Councillor J. Ziegler - it was resolved: "i) That Council request information from the Ministry of Municipal Affairs and Housing concerning the housing profile, mortgage, liabilities, ownership, household composition and age of housing stock of the social housing units in the Region of Waterloo in the format outlined in Appendix 1 attached to Staff Report PD 97/88; and further, ii) That the Ministry of Municipal Affairs and Housing provide the Region of Waterloo and the City of Kitchener with the provincial and federal administrative costs for delivering programs in Waterloo Region; and further, iii) That the City of Kitchener advise the Province that if it proceeds with its plan to devolve social housing: that the Province substantially increase the proposed amount of one-time contribution to capital repairs to social housing and provide reasonable justification for that amount based on evidence of the condition of the stock; that the devolution of social housing not occur unless the provincial and federal governments retain responsibility for mortgage insurance commitments and other long-term financial arrangements for social housing; and that the devolution of social housing not occur unless measures are put in place to protect municipalities from future cost risks associated with social housing, including the potential for interest rate increases and rising mortgage costs. iv) That the Council of the Regional Municipality of Waterloo be provided with a copy of Staff Report PD 97/88 for its consideration and urged to request the same information from the Ministry of Municipal Affairs and Housing; and further, v) That a copy of this resolution be sent to all local municipalities within the Region of Waterloo, the four (4) local MPP's and the Association of Municipalities of Ontario." Councillor G. Lorentz was of the view that Ms. S. Frenette should make a presentation of this issue to Regional Council. On motion by Councillor G. Lorentz - it was resolved: "That the Council of the Regional Municipality of Waterloo, at its next meeting, be requested to hear a presentation by Ms. S. Frenette, Director of Policy, Research & Housing with regard to Kitchener Planning and Development Staff Report PD 97/88 on the subject of "Devolution of Social Housing Responsibilities to Municipalities"." MEMO - MOTION FOR CONSIDERATION - WATERLOO REGIONAL AIRPORT - NIGHT TIME OPERATIONS The Committee was in receipt of a memorandum which noted that at the September 29th Council meeting, Councillor Jake Smola had given notice that he would introduce the following motion for consideration at the Planning and Economic Development Committee meeting this date: MEMO - MOTION FOR CONSIDERATION - WATERLOO REGIONAL AIRPORT - NIGHT TIME OPERATIONS (CONT'D) OCTOBER6, PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES 1997 - 152 - CITY OF KITCHENER "That the Council of the City of Kitchener voice its concern to the Regional Municipality of Waterloo over the recent night time operations of the Waterloo Regional Airport resulting in Iow altitude flights over residential areas in Kitchener; and further, That the management of the Airport be requested to examine the restriction of flights on runway '07' (the east/west runway causing these Iow altitude flights) between the hours of 12 midnight and 6 a.m., daily." Councillor J. Ziegler referred to a letter dated October 6th and attachments received this date from McCarter Grespan Robson Beynon, Barristers & Solicitors addressed to Mr. T. McCabe and distributed at the meeting. It was noted in the letter that they were supportive of the proposed motion but wished to suggest additional wording for the Committee's consideration. Councillor J. Ziegler noted that three airport development options were reviewed at a meeting of the Airport Master Plan Project Team held on October 3rd and he proceeded to describe the options. Mayor R. Christy and Councillor B. Vrbanovic entered the meeting at this point. On motion by Councillor J. Ziegler - it was resolved: "That the Council of the City of Kitchener voice its concern to the Regional Municipality of Waterloo over the recent night time operations of the Waterloo Regional Airport resulting in Iow altitude flights over residential areas in Kitchener; and further, That the management of the Airport be requested to examine a range of management options for the airport which minimize impacts on the City of Kitchener including the restriction of flights on runway '07' (the east/west runway causing these Iow altitude flights) between the hours of 12 midnight and 6 a.m., daily; and further, That the ongoing Airport Master Plan / Business Plan process consider the construction of a new runway to minimize noise impacts on the City of Kitchener." PD 97~74 - 375 - 399 PIONEER DRIVE - APPLICATION FOR CONDOMINIUM CONVERSION UNDER SECTION 4(1) OF THE RENTAL HOUSING PROTECTION ACT, 1989 - QUIDAM INVESTMENTS LTD. - SOUTH WARD The Committee was advised that the Department of Planning and Development was in receipt of a condominium conversion application submitted under Section 4(1) of the Rental Housing Protection Act, 1989 by Quidam Investments Ltd., with regard to the properties known municipally as 375-399 Pioneer Drive. In this regard the Committee considered Planning and Development Staff Report PD 97/74 dated July 28, 1997. It was noted in the report that the subject property was a rental townhouse complex of 44 units consisting of 24 two bedroom units and 20 three bedroom units. The applicant is seeking approval under the RHPA as a precondition for the conversion of the property to condominium tenure. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. B. Stanley provided a brief explanation of the purpose of the report. It was noted in the report that staff considered certain criteria in reaching their recommendation to approve the application. No delegations were registered respecting this matter. PD 97~74 - 375 - 399 PIONEER DRIVE - APPLICATION FOR CONDOMINIUM CONVERSION UNDER SECTION 4(1) OF THE RENTAL HOUSING PROTECTION ACT, 1989 - QUlDAM INVESTMENTS LTD. - SOUTH WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 6, 1997 - 153 - CITY OF KITCHENER On motion by Councillor T. Galloway - it was resolved: "That Council approve application CD/96/001 (Quidam Investments Ltd.) subject to the Owners entering into an Agreement under Section 12(1) of the Rental Housing Protection Act, which shall be executed and registered against the title to the lands at 375 - 399 Pioneer Drive as part of any subsequent condominium agreement. The Agreement shall contain the following conditions: a) The Owner agrees to supply the City's Policy, Research and Housing Division with a list of the names and addresses of all the tenants who occupy the residential units which now exist upon the subject lands, hereinafter called the "Existing Units", as of the date Council's approval of this Agreement under the Rental Housing Protection Act. Further, the Owner shall supply the City's Policy, Research and Housing Division with the names and addresses of any new tenant who commences to occupy an Existing Unit between the date of Council's approval of the Agreement and the date of registration of the final plan of condominium. All tenants referred to above are hereinafter called "the Tenants". b) The Owner agrees to give notice to the Tenants of their rights under the terms of the Agreement, within 30 days following the date of registration of the final plan of condominium, by providing them with a copy of this agreement and by filing proof of notification with the City's Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by the Tenant as acknowledgement of receipt. c) This Agreement shall confer no rights whatsoever upon any new tenant who enters into a lease agreement with the Owner and occupies an Existing Unit after the date of registration of the final plan of condominium (hereinafter called a "Post- Registration Tenant"). The Owner shall give notice of this agreement to all Post- Registration Tenants, at the time they enter into their leases, and provide proof of notification to the Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by such tenants as acknowledgement of receipt, following which such tenants shall be deemed to have notice that they do not have any rights under this agreement. d) The Owner agrees that, in the event a Tenant wishes to continue to rent and occupy his or her Existing Unit, or to rent it until such time as he or she might exercise his or her right to purchase, the following conditions apply: The Tenant shall be entitled to continue to rent the unit which he or she is currently renting and occupying for a period of up to five years following the date of registration of the final plan of condominium (herein after called the "Five Year Rental Period"). Throughout the Five Year Rental Period, the applicable rent for a given unit shall not exceed the lawful maximum rent which could be charged for that rental unit under the Rent Control Act (hereinafter called the "RC Act") and any increases to that rent throughout the Five Year Rental Period shall be subject to the RC Act. At the Tenant's discretion, the Owner and Tenant shall enter into a lease, leases, renewal or renewals for all or part of the Five Year Rental Period for such term or terms as is agreed to from time to time by the Tenant and the Owners, provided that the total term thereof does not exceed the Five Year Rental Period. PD 97~74 - 375 - 399 PIONEER DRIVE - APPLICATION FOR CONDOMINIUM CONVERSION UNDER SECTION 4(1) OF THE RENTAL HOUSING PROTECTION ACT, 1989 - QUlDAM INVESTMENTS LTD. - SOUTH WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 6, 1997 - 154 - CITY OF KITCHENER The Owner agrees to supply the City's Policy, Research and Housing Division with an executed copy of the lease, and any subsequent renewals thereof during this five year period. e) The Owner shall provide the Tenant or Tenants occupying an Existing Unit with the right of first refusal to purchase it during the Five Year Rental Period. To establish that a Tenant has foregone or waived his or her right of first refusal to purchase, the Owners shall provide the Policy, Research and Housing Division with a written waiver of such right executed by the Tenant, witnessed and dated subsequent to the date of registration of the final plan of condominium. If, at any time during the Five Year Rental Period, the Owner receives a bona fide, arms length offer to purchase an Existing Unit which the Owner is willing to accept and if the Tenant or Tenants of such unit have not waived their rights of first refusal to purchase, the Owners shall notify the Tenant or Tenants of such unit by providing them with a true copy of the offer to purchase and the Tenant or Tenants shall have the right, during the ten days immediately following the receipt thereof, to purchase the unit by delivering to the Owner a signed offer to purchase for the price and upon the terms and conditions contained in the original offer, which the Owner shall accept immediately. The Owner shall provide proof of notification to the City's Policy, Research and Housing Division, either by a sworn affidavit or service or by a copy of the original offer to purchase signed by the Tenant as acknowledgement of receipt. If the Tenant or Tenants do not deliver an offer to purchase to the Owner within ten days, the Tenant or Tenants shall be deemed not to have exercised the right of first refusal and the Owner may accept the original offer to purchase. If for any reason the Tenant or Tenants do not exercise the right of first refusal and the Owner does not complete the offer to purchase which had been received, the right of first refusal of the Tenant or Tenants shall continue in effect. f) It is hereby agreed that the Tenant shall lose his or her rights under this Agreement if: the Tenant vacates the Existing Unit with or without due notice to the Owner; the Tenant sublets the Existing Unit, all rights of appeal in respect thereof have expired and the Owner files a copy thereof with the Policy, Research and Housing Division. g) The Owner agrees to engage the services of a consultant with qualifications acceptable to the City's Chief Building Official, to conduct an audit of the condition of the Premises, prior to draft approval of any plan of condominium on the lands, and to file the results of the audit with the City of Kitchener Policy, Research and Housing Division. The Owner shall correct, to the satisfaction of the Chief Building Official, deficiencies identified in the audit which relate to the Building Code, Building By-law, Fire Code, or Property Standards By-law. Upon correction, the City's Chief Building Official will notify the Owner in writing that the deficiencies have been corrected to his satisfaction. h) Prior to the sale of any of the Existing Units, the Owner shall notify potential purchasers that the results of the audit are available for their consideration. It is the opinion of this Committee that approval of this application is proper planning for the City." 4. ADJOURNMENT On motion, the meeting adjourned at 4:00 p.m. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 6, 1997 - 155 - CITY OF KITCHENER L.W. Neil, AMCT Assistant City Clerk