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HomeMy WebLinkAboutPlng & Econ Dev - 1998-11-23PED\1998-11-23 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 23, 1998 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:40 p.m. under Councillor C. Weylie, Chair, with the following members present: Councillors M. Yantzi, G. Lorentz, T. Galloway J. Haalboom and John Smola. Mayor C. Zehr and Councillors Jake Smola, J. Ziegler, K. Taylor- Harrison entered the meeting after its commencement. Officials present: Ms. C. Ladd, S. Frenette and D. Arnold and Messrs: T. McCabe B. Stanley, J. Shivas, D. Mansell, G. Richardson, T. Boutilier, M. Mahaffey, D. Daly, T. Clancy, P. Wetherup and L. W. Neil. 1. BPS 98/92 MUNICIPAL PLAN AMENDEMENTAPPLICATION MP 98121CIGR - CITY INITIATED REVISED ROAD CLASSIFICATIONS The following statement was read by Councillor C. Weylie, Committee Chair: This is a Public Meeting under 'The Planning Act, 1996' to consider Municipal Plan Amendment Application MP 98/2/C/GR City Initiated Revised Road Classifications Section 17 (45) of the Planning Act allows the Ontario Municipal Board to dismiss all or part of an appeal without holding a hearing if the appellant did not make oral submissions at a public meeting or did not make written submissions to the council before the plan was adopted and, in the opinion of the Board, the appellant does not provide a reasonable explanation for having failed to make a submission. In order to ensure the record includes all the names of those individuals who are making verbal submissions today for this Municipal Plan Amendment, please ensure that you clearly identify yourself before you begin your submissions and the Clerk will record your name for the record. If your name does not appear on the record, you may jeopardize any further involvement you wish to have in these matters. Any recommendation made by Planning Committee on these matters today will be considered by City Council on November 30, 1998. If City Council adopts the amendments, they will proceed to the Regional Municipality of Waterloo who has the final approval authority for Municipal Plan Amendments. They are also the body to whom appeals are sent. Further information on these procedures is available from the City's Department of Planning and Development or the Region's Department of Planning and Culture." The Committee was advised that the Department of Business and Planning Services has processed a City Initiated application for Municipal Plan Amendment for the purpose of implementing rationalization of the Regional Road System. The amendment includes re- classification of various roads to reflect the transfer of jurisdiction of roads involving the Province, Region and the City. In this regard, the Committee considered staff report BPS 98/92 dated October 29, 1998. Attached to the staff report was the Municipal Plan Amendment Report (Revised Road Classification) respecting the roads in question. The roads in question and other effects of the amendment are itemized in the Amendment Report which also deals with the widening of certain roads. Ms. C. Ladd explained the purpose of the application she advised that since preparation of the report and advertising an issue had arisen that was of concern to staff and as a result staff now recommend that only a portion of the amendment be considered this date. In reference to this matter, Ms. Ladd referred the Committee to section 4 of the amendment report and asked that only items A and B as listed in the report be dealt with this date and that items C, D, E and F be dealt with at a later date. She explained that the advertisement giving notice of the amendment did not deal with street widenings and heritage matters and staff were of the view that it would be prudent to re-advertise and consider these issues at a future meeting. Councillor T. Galloway questioned the proposed designation of Trussler Road as primary arterial between Bleams Road to new Dundee Road and whether the heritage aspect of the road had also been considered. He questioned whether designation as primary arterial was a contradiction to the City objective and suggested that if the designation went forward it would PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 23, 1998 - 184 - CITY OF KITCHENER 1. BPS 98/92 MUNICIPAL PLAN AMENDEMENTAPPLICATION MP 98121CIGR - CITY INITIATED REVISED ROAD CLASSIFICATIONS (CONT'D) influence expectation of adjacent land owners. Mr. G. Richardson indicated that it was more or less determined that the road would be a regional road designated as a scenic road and that Regional Staff support it. Mr. B. Stanley noted that all Regional Roads must be designated as primary arterial and that he shared the concern expressed over the contradiction. Councillor Galloway suggested that the road be deleted from the amendment. Mr. Stanley noted that the City's Municipal Plan makes reference to the section of Trussler Road being a scenic road. Councillor K. Taylor-Harrison entered the meeting at this point. Councillor T. Galloway referred to page 3 of the staff report and questioned why Huron Road from Trussler Road to Westmount Road was shown as being widened to an ultimate width of 26 metres. Ms. C. Ladd advised that reference to Huron Road had been deleted from the Municipal Plan Amendment because the road was not being transferred until the year 2000. Councillor J. Haalboom suggested that reference to Trussler Road in the amendment be taken out at this time and receive further consideration. On motion by Councillor J. Haalboom - It was resolved: "That the proposed Municipal Plan designation of "Primary Arterial" for Trussler Road from Bleams Road to New Dundee Road be deleted from Municipal Plan Amendment Application MP 98121CIGR and referred to the Engineering Committee of the Region of Waterloo for additional discussion." Councillor M. Yantzi questioned reference to Park Street and Courtland Avenue in the amendment and Ms. C. Ladd clarified the split function of Courtland Avenue / Park Street. The Committee then dealt with the recommendation pertaining to the Municipal Plan Amendment and accepted the revisions requested by Ms. C. Ladd to delete consideration of items C, D, E and F and also agreed to delete the proposed designation of Trussler Road as primary arterial from Bleams Road to new Dundee Road. On motion by Councillor T. Galloway - It was resolved: "1) That City Council adopt Municipal Plan Amendment Application MP 98121CIGR (City Initiated Revised Road Reclassification), being an amendment to: a) Revise Map 4 -"Transportation" by changing the classification of the roads as indicated in the amendment save and except for deletion of Trussler Road from Bleams Road to New Dundee Road and as shown on Schedule "A" attached to the amendment. That the Regional Municipality of Waterloo be requested to delete 'Deferral No. 2a)' on Map 4 -"Transportation" of the Municipal Plan. It is the opinion of this Committee that approval of this Amendment to the City's Municipal Plan is proper planning for the City." 2. BPS 98/137 DOWNTOWN ADVISORY COMMITTEE PROPOSED AMENDMENT TO TERMS OF REFERENCE The Committee was in receipt of staff report BPS 98/137 pertaining to the Downtown Action Committee Terms of Reference. The report discusses and recommends changes to the Terms of PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 23, 1998 - 185 - CITY OF KITCHENER Reference. Ms. S. Frenette commented on the basis on which staff were asking that the Terms of BPS 981137 DOWNTOWN ADVISORY COMMITTEE PROPOSED AMENDMENT TO TERMS OF REFERENCE (CONT'D) Reference be revised. On motion by Councillor M. Yantzi- It was resolved: 1) That the Kitchener Downtown Advisory Committee Terms of Reference be revised as follows: change the name of the Mount Hope-Huron Park neighbourhood in Section I Purpose and Scope and Section 3 Membership and Organization to Mount Hope-Breithaupt Park neighbourhood. change Section 3 (a) Membership and Organization to delete specific representation of 1 Rep-Senior Citizens, 1 Rep-Affordable Housing, 1 Rep-Waterloo Regional Arts Council, 1 Rep-Kitchener-Waterloo Multicultural Centre and instead add "4 members appointed by Council from the community at large who have a demonstrated interest in the downtown and may represent a background in one or more of the following areas: Seniors Community, Housing, Arts and Culture Community, Social Services, Multiculturalism, Developmentally Challenged. add to Section Membership and Organization "neighbourhood associations may assign an alternate rep with the understanding that at any meeting the association has only one voting rep being either the rep or the alternate rep." Change reference to the Department of Planning and Development in Section 3 (c) to Department of Business and Planning Services. add to Section 3 Membership and Organization the following clause "Following a written request from the City Clerk, the neighbourhood associations shall provide written confirmation of the rep and alternate rep." add to Section 3 Membership and Organization the following clause "Members will serve for an initial term of one year which can be renewed." (g) stipulate that quorum for meetings shall be 12 committee members. That the City Clerk be instructed to amend City Council Policy Manual No. 1-90, Kitchener Downtown Advisory Committee - Terms of Reference, in accordance with the above as noted in Schedule 'A' - Revised Terms of Reference, attached to staff report BPS # 98/137 and outlined below: APPENDIX A KITCHENER DOWNTOWN ADVISORY COMMITTEE REVISED TERMS OF REFERENCE 1.0 PURPOSE AND SCOPE The Kitchener Downtown Advisory Committee is an Advisory Committee reporting directly to Council or to the appropriate Standing Committee. b) The Kitchener Downtown Advisory Committee will consider the downtown in its broadest context to include a downtown PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 23, 1998 2. BPS 98/137 - 186 - CITY OF KITCHENER community made up of three concentric areas: a commercial core defined by Charles Street, Cedar Street, Weber Street and Victoria Street, a ring of adjacent inner city neighbourhoods comprised of the Civic Centre, Central Frederick, King East, Cedar Hill, Victoria Park, Mill Courtland, Mount Hope- Breithaupt Park, King-Belmont, Cherry Hill and Auditorium neighbourhoods; and an inner city DOWNTOWN ADVISORY COMMITTEE PROPOSED AMENDMENT TO TERMS OF REFERENCE (CONT'D) area bounded by the Conestoga Expressway, The City of Waterloo and Westmount Road. As such the Committee mandate will cover all matters that impact on the Downtown including: environment and physical image; arts, culture, heritage and entertainment; marketing and business development; media and community relations; safety; housing; neighbourhood and community development; and transportation and parking. 2.0 RESPONSIBILITIES a) To hear delegations, review reports on any subject falling within the Committee's mandate and, where appropriate, to advise Council directly or through the appropriate Standing Committee. b) To oversee and administer the Downtown Kitchener Community Strategic Plan including its implementation and long term maintenance and review. c) To provide liaison between the City and the Community concerning all matters relating to the Downtown Community. d) To promote and initiate short-term, intermediate and long-term proposals, programs and projects for the strengthening and enhancement of the Downtown. 3.0 MEMBERSHIP AND ORGANIZATION a) Membership on the Committee shall be as follows: Mayor Ex Officio 5 Members of Council 5 Reps - Chairman and 4 Members of Kitchener Downtown Business Association 4 Individuals appointed by Council from the community at large who have a demonstrated interest in the downtown and may represent a background in one or more of the following areas: Seniors Community Arts and Culture Community Social Services Housing Multi Culturalism Developmentally Challenged 1 Rep - Kitchener Downtown Churches 1 Rep - Social Planning Council of Kitchener-Waterloo 1 Rep - and alternate rep from each of: a) Auditorium Neighbourhood Association b) Cedar Hill Neighbourhood Association c) Central Frederick Neighbourhood Association d) Cherry Hill Neighbourhood Association e) Civic Centre Neighbourhood Association PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 23, 1998 - 187 - CITY OF KITCHENER f) King-Belmont Neighbourhood Association g) King Street East Neighbourhood Association h) Mill Courtland Neighbourhood Association i) Mount Hope-Breithaupt Park Neighbourhood Association Victoria Park Neighbourhood Association Rep -Waterloo Regional Police 1 Rep - Kitchener Public Library 2. BPS 98/137 DOWNTOWN ADVISORY COMMITTEE PROPOSED AMENDMENT TO TERMS OF REFERENCE (CONT'D) b) Neighbourhood Associations may assign an alternate rep with the understanding that at any meeting, the association has only one voting representative being either the rep or the alternate rep. c) Following a written request from the City Clerk, the neighbourhood association shall provide written confirmation of the rep and alternate rep. d) Members will serve for an initial term of one year which can re renewed. e) The Committee shall, from amongst their members, annually choose a Committee Chairman who must be a member of Council and a Vice- Chairman. f) Minutes will be kept of each meeting with secretarial services provided by the staff of the Department of Business and Planning Services. g) Meetings will be held monthly or as called by due notice. Quorum shall be 12 committee members. BPS 98/143 15 VICMOUNT DRIVE REQUEST FOR EXTENSISON OF DEADLINE TO FULFIL CONDITIONS ZONE CHANGE APPLICATION ZC 96/34/V/PB 257913 HOLDINGS LIMITED- WEST WARD The Committee was in receipt of staff report BPS 98/143 dated November 16, 1998 pertaining to a request that has been received to extend the deadline for fulfilling conditions respecting the zone change at 15 Vicmount Drive. The applicant has requested a 6 month extension to negotiate a lease agreement with Ontario Hydro with respect to adjoining lands. Mr. John Clinkett, Architect, was in attendance to support the request and indicated that the applicant had been making every effort to conclude issues of concern with Ontario Hydro. On motion by Councillor G. Lorentz - It was resolved: " That Kitchener Council support an extension to the deadline for fulfilling conditions of approval for Zone Change Application ZC 96/34N/PB (257913 Holdings Limited - 15 Vicmount Drive) to April 23, 1999." 4. BPS 98/142 - 621 FISCHER-HALLMAN ROAD - REQUEST TO HIRE A CONSULTANT TO CONDUCT PEER REVIEW OF MARKET IMPACT STUDY MUNICIPAL PLAN AMENDMENT APPLICATION MP 98141FICL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 23, 1998 - 188 - - VOISIN DEVELOPMENTS LIMITED - SOUTH WARD CITY OF KITCHENER Councillor G. Lorentz disclosed a pecuniary interest and abstained from all discussion regarding this matter as his parents own property located within the circulation area of the application. The Committee was in receipt of staff report BPS 98/142 dated November 19, 1998. The report deals with a request for approval to conduct a Peer Review of a Market Impact Assessment relating to the Municipal Plan Amendment Application submitted by Voisin Developments Limited respecting a parcel of land located at 62 Fischer-Hallman Road. Ms. C. Ladd reviewed the recommendations contained in the report. She referenced Council's August 17th resolution wherein Council had requested the Voisin applications be processed within 6 months and noted that the report explains why such processing could not be completed in that time frame. Further, as stated on previous occasions by staff it was their view that a 4. BPS 981142 - 621 FISCHER-HALLMAN ROAD - REQUEST TO HIRE A CONSULTANT TO CONDUCT PEER REVIEW OF MARKET IMPACT STUDY MUNICIPAL PLAN AMENDMENT APPLICATION MP 98141FICL VOISIN DEVELOPMENTS LIMITED - SOUTH WARD (CONT'D) comprehensive review of the hierarchy was too large a project to complete within 6 months with existing levels of staff. Finally, Ms. Ladd referred the committee to a number of submissions received this date from Russell D. Cheeseman, The Lakeshore Group and Gowlings that were distributed before the commencement of the meeting. Councillor J. Ziegler suggested that in the interests of fairness it might be more appropriate if a new consultant was retained rather than Royal LePage. Councillor T. Galloway questioned if the staff recommendation was contrary to the Council's August 17th resolution respecting this matter. He noted that he understood Council's intent was that both the Loblaws (Best Pipe) and Voisin applications were to be processed concurrently and Councillor J. Ziegler pointed out that the recommendation would have an effect of bringing the Voisin application as far as the Best Pipe application. Ms. C. Ladd noted that the Best Pipe has been appealed to the Ontario Municipal Board and stated that it was appropriate that both applications be processed to a similar extent given the Board consideration that will take place. Mayor C. Zehr questioned the impact of other potential developments on the west side and Ms. C. Ladd advised that the peer review of the Voisin Lands would have to take into consideration the same as was done for the Best Pipe review. Ms. Cathy Gravely of the Sorensen, Gravely, Lowes Planning Associates Inc. firm appeared as a delegation on behalf of the owners of the Forest Glen Plaza. The Committee was in receipt of a submission dated November 23, 1998 from Mr. John Doherty of Gowling Strathy and Henderson, Barristers and Solicitors advising of Ms. Gravely's intention to speak on this matter. Ms. Gravely indicated that an extensive report had been prepared and submitted last July and reviewed actions relative to the matter. She stated that she had no objections to staff recommendations 1 and 2 provided they were dealt with in the context of a comprehensive commercial policy review. Mr. Rick Pennycooke of the Lakeshore Group appeared as a delegation as the planning consultants acting for Agora Food Merchants and also to represent Mr. Russell Cheeseman who is the solicitor for Agora Food Merchants. In this regard the Committee was provided with submissions each dated November 20, 1998 from Russell Cheeseman, Barrister and Solicitor and the Lakeshore Group. Mr. Pennycooke expressed concern with recommendation number 3 to process the Voisin applications in advance of the City's Commercial Policy Review and stated that he could not understand staff's rationale for recommendation number 3 as generally commercial policy reviews are being ordered by the Board. Accordingly he suggested it would be prudent to do such a review. He pointed out that he had received information advising that the Voisin lands might actually develop a power centre and he urged that the Commercial Policy Review be completed before consideration of the Loblaws and Voisin applications. Mr. Pennycooke advised that his group would like to obtain a copy of the Market Impact Analysis of the Voisin proposal and Ms. C. Ladd advised that the Department has always taken the position that the document was not the City's to release to others. She suggested that she ask the author of the document for a copy PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 23, 1998 - 189 - CITY OF KITCHENER or seek it through the Freedom of Information process. Mr. Pennycooke noted that the Commercial Policy Review was not listed in the list of projects to be undertaken by staff, however, Ms. C. Ladd advised that it was located under Municipal Plan Amendments. Mr. Steve Grant, Madorin, Snyder, Barristers and Solicitors appeared as a delegation on behalf of DGF Developments. He advised that his client was not opposed to the Voisin applications in principle but is opposed to recommendations 1 and 3 of staff report BPS 98/142. He noted that both the Loblaws and Voisin applications were superstores and stated that neither should proceed at this time and that he would question what has changed since the Committee's August meeting if the Committee was to approve the recommendations. He referred to the non-food store activities carried on within the Zehrs grocery store at Conestoga Mall and questioned if the impact on other businesses of the non-food store activities has been considered. It was his view that the Comprehensive Commercial Policies Review must proceed. In reference to the BPS 98/142 - 621 FISCHER-HALLMAN ROAD - REQUEST TO HIRE A CONSULTANT TO CONDUCT PEER REVIEW OF MARKET IMPACT STUDY MUNICIPAL PLAN AMENDMENT APPLICATION MP 98141FICL VOISIN DEVELOPMENTS LIMITED - SOUTH WARD (CONT'D) Royal LePage Peer Review of the Loblaws application, he noted that it had dealt with only food store issues and not superstores such as what was proposed. He then commented on two studies prepared by Morgan Consultants in 1996 and 1997 respecting the planning process and in summary stated that he opposed recommendation number 1 in the staff report if the Peer Review was being accepted in place of a Comprehensive Policy Review. Mr. George Voisin appeared as a delegation on behalf of Voisin Developments Limited to advise that he was in concurrence with the three recommendations within the staff report. He noted that the Loblaws application was processed without a Peer Review and Voisin Developments requests similar treatment. He commented that because the Loblaws application was appealed to the Ontario Municipal Board, the matter would never come back to Council for a decision. No other delegations were registered respecting this matter. Councillor J. Ziegler indicated he would support processing of the Voisin Developments application to the same point as the Best Pipe application prior to completion of a Commercial Policy Review. However, he indicated that he was opposed to retaining Royal LePage to conduct a Peer Review as it was his preference to obtain the services of another firm independent from the planning activities that have taken place. In response to Councillor C. Weylie, Ms. C. Ladd indicated that it was likely that retaining a firm other than Royal LePage would increase the costs of the Peer Review. Councillor John Smola questioned if the Peer Review was just covering grocery store activity and Ms. C. Ladd advised that it would primarily look at the impact of a food store on the market place. Further comments were made regarding the second Peer Review that was done of the Loblaws applications. Councillor C. Weylie questioned if the City had the ability to control how much space was used for food in these large grocery stores and Ms. C. Ladd advised that it was difficult to control but not impossible. Councillor J. Ziegler questioned what the timing was to complete the Commercial Policy Plan Review and Ms. C. Ladd advised that City staff have been working with Regional Staff but that the Region's Study was stalled at this time. Councillor J. Ziegler indicated that he would propose a motion that revises the staff recommendation so as to retain an alternate consultant other than LePage and reference processing of the Voisin applications as necessary to bring the Voisin applications up to the same point of completion as the Loblaws Best Pipe applications. Councillor T. Galloway stated that he was in support of the comments of Councillor J. Ziegler and maintaining consistency among the two applications. He acknowledged that the City did not have a policy that contemplated the kind of developments which both proposals intent and that there was a need for the guidance that a review of the City's Hierarchy Policies would provide. He stated that he was concerned about the Region and the City in a push-pull situation and questioned who would move first to move the planning along. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 23, 1998 - 190 - CITY OF KITCHENER Mr. B. Stanley advised that staff have had discussions with the Region and area municipalities and that a number of alternatives were put forth by the Region. He commented that the deeper staff went into the matter it became more apparent to him that none of the Regions alternatives were workable. He stated that the Region has turned to the City for assistance as the City has the largest amount of retail within the Region. Mr. Stanley reminded the Committee that last August staff had advised that a 6 month deadline was unrealistic to complete a review of a Commercial Hierarchy. He stated that if the goal was still 6 months that staff could not complete it with existing resources. Further, he stated that staff had funds in their budget for such undertaking but the monies had been removed and accordingly additional resources would be required if it was Council" direction to complete a review in 6 months. Mayor C. Zehr commented that he would like the review to consider all identified foodstore sites to date. Councillor Jake Smola stated that it was his understanding was that when the Voisin 4. BPS 981142 - 621 FISCHER-HALLMAN ROAD - REQUEST TO HIRE A CONSULTANT TO CONDUCT PEER REVIEW OF MARKET IMPACT STUDY MUNICIPAL PLAN AMENDMENT APPLICATION MP 98141FICL - VOISIN DEVELOPMENTS LIMITED - SOUTH WARD (CONT'D) applications came forward they would be deferred subject to the Commercial Policies Plan Review. The three portions of the motion by Councillor J. Ziegler were voted on separately and carried. Councillors J. Haalboom, John Smola and Jake Smola indicated that they were opposed to item of the motion. On motion by Councillor J. Ziegler- It was resolved: "1) That the Department of Business and Planning Services be authorized to retain a consultant, other than Royal LePage - Strategic Advisory Services, with expertise in retail and market analysis to conduct a peer review of the Market Impact Assessment prepared by John Winter Associates Limited in support of Municipal Plan Amendment Application MP 98141FICL (Voisin Developments Limited - 621 Fischer-Hallman Road); and further, That the Department of Business and Planning Services be authorized to overexpend their budget by a maximum of $6,000.00 in order to complete said peer review; and further' That the 'Voisin applications' be processed independently of the City's commercial policy review, such processing to bring the Voisin applications up to the same point of completion as the Best Pipe applications." Councillor G. Lorentz previously disclosed a pecuniary interest and abstained from all discussion and voting as his parents own property located within the circulation area of the application. Mr. T. McCabe questioned what the Committees direction was regarding the review of the Commercial Hierarchy given the lack of staff resources to complete the review in a timely manner. On motion by Councillor J. Ziegler- It was resolved: "That the Department of Business and Planning Services be requested to develop 'Terms of Reference' and proceed with preparation of a 'Proposal Call' relative to undertaking of a review of the City's Commercial Hierarchy Policies and completing same within 6 months based on consideration referenced during Committee and Council discussion of August 1998." Mr. T. McCabe advised that staff would review the bids received on the proposal call for Review of PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 23, 1998 - 191 - the City's Commercial Hierarchy Policies with the Committee. CITY OF KITCHENER 5. BPS 98/141 - ADDENDUM TO PD 98/119 REVIEW OF TREE PROTECTION BY-LAWS AND APPROACHES ENVIRONMENTAL COMMITTEE RECOMMENDATION The Committee was in receipt of staff reports BPS 98/141 prepared as an addendum to staff report PD 98/119 which was also attached, both of which deal with Review of Tree Protection By-laws and Approaches. Also attached to the reports were several appendices of detailed information. Mr. T. Boutilier commented that for some time now staff had been working through the implications of Bill 163. He stated that they began the process in early 1996 when a report was taken to the Environmental Committee wherein staff saw the most important issue as the BPS 981141 - ADDENDUM TO PD 981119 REVIEW OF TREE PROTECTION BY-LAWS AND APPROACHES ENVIRONMENTAL COMMITTEE RECOMMENDATION (CONT'D) destruction of woodlots. Following an appearance of delegations at the Environmental Committee, the Committee asked for a review of tree by-laws which report PD 98/119 addresses, along with the appendices attached. He stated that staff investigated all of the by-laws in reference to the problem of individual tree removal of trees from private lots and outlined 7 reasons why staff do not believe in a Permitting System that would be required to administer this issue. These reasons are itemized on pages 2 and 3 of PD 98/119. Mr. Boutilier stated that the relative effect of such approach was non-existent and in this regard referred to the experience of the City of Toronto which fielded 23,000 telephone inquiries, 3,700 applications, 4,700 inspections, 102 staff reports and undertook mediation with a net result of saving only 41 trees. He stated that it was staff's belief that a permitting approach was not an effective method to achieve the City's goals. Mr. Boutilier stated that after a great deal of research and discussion, staff have concluded that the real desire was to build a quality urban forest. In this regard it was their belief that the public aspect of this was being well managed and that the focus could be on a need to encourage growth of the urban forest. In reference to this issue he stated that trees in the downtown area are generally old and because they would ultimately die there was a need to focus on a tree planting system to offset the loss. In this regard he advised that staff suggest on or about Earth Day the City promote the planting of 5,000 trees annually through a three way partnership of the City, property owners and sponsors. Under the program it would only cost the property owners $10.00 to plant a tree valued at $30.00. The program would cost the City $50,000 annually and one of the benefits would be that the City could control the species being planted and where they were planted. At the end of 5 years the program would have provided for the planting of 25,000 trees and provide a wide range of environmental benefits. He noted that this approach avoids a cumbersome, time consuming and expensive permitting system which Mr. Mike Mahaffey detailed would involve an approximate expenditure of $20,000 annually by the City out of its operating budget whereas in comparison the only disadvantage of the proposal was a requirement for the City to find $50,000 in Capital funding to support the program. Finally Mr. Boutilier stated that it was his belief that the recommended approach would be embraced by residents. Mayor C. Zehr asked that Mr. Boutilier precis the information he had presented this date and provide a presentation at the next Council meeting. Councillor J. Haalboom referred to written comments which she had prepared and were considered by the Environmental Committee when it dealt with this issue. She commented that species of trees had varying life expectancies and some species in particular had extremely long life expectancy. Councillor Haalboom stated that she was still a strong advocate for measures that promote tree preservation. In this regard she suggested that efforts be made to undertake this promotion by reviving a great tree hunt event on Earth Day, creating a tree registry of great trees and providing for certification. Councillor M. Yantzi asked that staff as apart of a development of a tree planting program ensure that it also addresses high priority areas. Mr. Jeff Thompson appeared as a delegation as representative of the Environment Committee of PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 23, 1998 - 192 - CITY OF KITCHENER the Chamber of Commerce of Kitchener and Waterloo. He noted that he was in charge of Arborist Day Celebrations and was in full support of the proposal by staff relative to a tree planting program. He stated that he saw the program as a totally positive one that would put trees in the hands of residents that want them and are prepared to care for them. He stated that trees would always be lost to natural life processes and that he was strongly opposed to a by-law approach to tree preservation. Mr. Thompson stated that City endorsement of the proposed tree planting program would send a strong message to homeowners of the benefits of such undertaking resulting in the likelihood that that homeowners would purchase more trees on their own. Also he stated that he was not aware of any other jurisdiction in North America that has taken this approach which he saw as very positive and contains no risk but that has numerous benefits. He stated that the Chamber of Commerce would like to promote this on behalf of the City to assist in finding sponsors for the program. Councillor J. Haalboom questioned how Mr. Thompson would undertake to preserve old trees. BPS 981141 - ADDENDUM TO PD 981119 REVIEW OF TREE PROTECTION BY-LAWS AND APPROACHES ENVIRONMENTAL COMMITTEE RECOMMENDATION (CONT'D) Mr. Thompson stated that he was not sure what the City has done in this area and noted that where personal property was concerned the City could assist the homeowners in finding qualified persons to assess trees and also provides commentary on safe and risk assessment issues. Mr. Boutilier stated that staff do not have resources in the Forestry section to assist on private lands and that legally he believed the City should not be making assessments in such personal property matters. He commented that some issues were a matter of education and suggested that Arborist might be able to provide assistance in this area. He also noted that in a video on trees, information could be provided as to the role of arborists and their fees for service to provide independent appraisal of trees on private properties. Mr. Mike Mahaffey advised that the City does have a program to maintain trees on public lands and noted that there was an active and healthy private sector of qualified tree experts. He advised that staff will respond to homeowners by giving them lists of certified tree professionals. In summary, he stated that it was staffs view that a confrontational approach on this matter should be avoided in favour of a tree planting program. He did state that in the meantime staff could continue to monitor the results of tree preservation efforts that were going on elsewhere such as in the City of Toronto. Councillor J. Haalboom noted that residents were already telephoning to inquire about how they could obtain a tree under the program. She stated that there was a need to resolve implementation issues with regard to a program. Mr. T. Clancy advised that staff must move quickly to determine the level of support by participating nurseries and other sponsorship organizations in order to launch a program on Earth Day, however, he stated that firstly policy support for the required City funding was necessary. On motion by Tom Galloway- It was resolved: "1) That the City of Kitchener Environmental Committee concur with the concept of implementing a 5 year program of annual tree planting in co- operation with sponsors and private land owners; and staff be directed to develop details of the program for further consideration by the Environmental Committee and City Council; and further, That up to $50,000 per year for 5 years be allocated to the Capital Budget, commencing in 1999, for this Program. That consideration of the following Staff recommendations be deferred; "2.2 That the City of Kitchener not proceed to develop a By-law and procedures, as provided for by Section 222.3 of the Municipal Act, for the Destruction or Injury of Trees for individual tree on private land." PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 23, 1998 - 193 - CITY OF KITCHENER And further that Legal and Planning Staff be requested to prepare a report on the merits of a By-law providing for a tree replacement requirement to offset tree removal. The Staff of Business and Planning Services, Parks & Recreation, and Legal Departments continue to prepare measures to protect the quality of valuable woodlots situated in rural areas which are nearing entry into the developmental approval process, in accordance with the Resolution of City Council, date February 17, 1997." Councillor Jake Smola requested Councillor J. Haalboom to raise the issue of a tree registry program in the City's Environmental Committee for discussion and detailed consideration. 6. ADJOURNMENT On motion, the meeting adjourned at 5:50 p.m. L.W. Neil, AMCT Assistant City Clerk