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HomeMy WebLinkAboutPSI Minutes - 2017-02-13 PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES FEBRUARY 13, 2017 CITY OF KITCHENER The Planning and Strategic Initiatives Committee met this date, commencing at 7:37 p.m. Present: Councillor P. Singh, Chair Mayor B. Vrbanovic and Councillors S. Davey, F. Etherington, Y. Fernandes, K. Galloway-Sealock, J. Gazzola, B. Ioannidis, Z. Janecki , S. Marsh and D. Schnider. Staff: M. May, Deputy CAO, Community Services J. Readman, Interim Executive Director, Infrastructure Services L. Tansley, Assistant City Solicitor A. Pinard, Director, Planning D. Ross, Manager, Development Review L. Majcher, Manager, Strategy and Business Planning B. Sloan, Manager, Long Range & Policy Planning B. Bateman, Senior Planner C. Lowery, Junior Planner C. Goodeve, Committee Administrator 1.CAO-17-004 - CORPORATE CLIMATE ACTION PLAN: PHASE 1 The Committee considered Chief Administrator’s Office report CAO-17-004, dated January 31, 2017 recommending the adoption of an 8% corporate greenhouse gas (GHG) reduction target from 2016 emission levels by the end of 2026. Ms. L. Majcher gave a presentation outlining Phase 1 of the Corporate Climate Action Plan. She advised a 2015 Corporate GHG inventory identified the City’s buildings and operations produced 13,027 tonnes of carbon dioxide equivalent (CO2e). She added the Corporate GHG emissions are projected to increase by as much as 15% over the next 10 years, producing GHG emissions of 15,000 CO2e by the end of 2026. She indicated an evaluation of potential GHG reductions in the City’s buildings, fleet, public lighting, pumping stations and waste from operations suggests that an 8% reduction in GHG emissions from 2016 levels within 10 years is an achievable target. She added the 2026 GHG target is 11,980 CO2e, which when growth is factored in equates to an overall reduction of 20%. She noted by setting an 8% reduction target the City should be recognized as a bronze pledging partner through the Regional Sustainability Initiative. Mr. Matthew Day, Sustainable Waterloo Region, gave a presentation in support of the recommendation contained in Report CAO-17-004. He advised the Regional Sustainability Initiative was launched in 2008 and now has 76 members who have committed to reducing approximately 50,000 tonnes of GHG. He indicated the City will have access to various resources and support to assist in reaching its reduction target. He noted one particular support is software which compares the City’s existing emissions and framework to other similar frameworks in the business sector. Ms. Danielle Laperriere, Plan Manager, ClimateActionWR, gave a presentation in support of establishing an 8% GHG reduction target. She stated it is known that in 2010 the activities of residents and businesses in Waterloo Region produced approximately 3.6 million tonnes of CO2e. She indicated in late 2013, the Climate Action Plan was endorsed which sought to achieve a community reduction target of 6% below 2010 levels by 2020. Responding to questions, she advised further information is anticipated to be brought forward in May 2017 identifying the City’s progress in achieving the 6% community reduction target. In response to questions, Ms. Majcher agreed to circulate information outlining how the Corporate carbon footprint was measured and the calculation used to determine CO2e emissions. She indicated an estimate of the associated financial commitments would be brought forward as part of Phase 2. She noted those financial implications would be considered within the context of Council’s budget deliberations. The following motion was voted on and was Carried on a recorded vote, with Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway-Sealock, P. Singh, Y. Fernandes, B. Ioannidis, F. Etherington, S. Marsh and J. Gazzola voting in favour; and Councillor Z. Janecki voting in opposition. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES FEBRUARY 13, 2017 -6- CITY OF KITCHENER 1.CAO-17-004 - CORPORATE CLIMATE ACTION PLAN: PHASE 1 (CONT’D) On motion by Councillor S. Marsh - it was resolved: “WHEREAS, scientific consensus has developed that carbon dioxide (CO 2) and other greenhouse gases released into the atmosphere have a profound effect on the Earth’s climate; and, WHEREAS, the Federation of Canadian Municipalities (FCM) indicate that municipalities directly and indirectly affect 44 per cent of Canada’s total greenhouse gas emissions and therefore have an important role to play in mitigating this impact on the climate; and, WHEREAS, local government actions taken to prepare for climate change impacts provide multiple local benefits by building a more resilient economy, and by helping to reduce the physical impacts and costs to people, property and resources associated with a changing climate; THEREFORE, BE IT RESOLVED that the City of Kitchener adopt an 8 per cent corporate GHG reduction target from 2016 emissions levels by the end of 2026, and staff be directed to submit it for consideration to the Federation of Canadian Municipalities as fulfillment of corporate milestone #2 of the Partners for Climate Protection Program; and, BE IT FURTHER RESOLVED that the City of Kitchener make a commitment to climate change adaptation planning through the five-milestone framework presented in ICLEI’s Changing Climate, Changing Communities methodology; and, BE IT FINALLY RESOLVED that the City of Kitchener establishes the Corporate Climate Action Plan Steering Committee, as set out in Appendix B of Chief Administrator’s Office report CAO-17-004, to act as an advisory body to the Corporate Leadership Team and Council recommending, both mitigation and adaptation measures for the corporation that are practical, affordable and appropriate.” 2. CSD-17-010 - ZONE CHANGE ZC16/007/O/BB - 751 OTTAWA STREET SOUTH, 2291523 ONTARIO INC. Councillor P. Singh advised this is a formal public meeting to consider applications under the Planning Act. If a person or public body does not make oral or written submissions to the City of Kitchener before the proposed applications are considered, the person or public body may not be entitled to appeal the decision to the Ontario Municipal Board and may not be added as a party to a hearing of an appeal before the Ontario Municipal Board. The Committee considered Community Services Department report CSD-17-010, dated January 11, 2017 recommending approval of a zone change at 751 Ottawa Street South to permit the development of a drive through fast food restaurant. The Committee was in receipt this date of information packages provided by Ms. Shaughnessy-Daub and Mr. Labreche respectively. Ms. C. Lowery gave a presentation, advising the subject property is located at the southeast corner of Ottawa Street South and Strasburg Road, which are both major arterial roads. She stated the lot is currently vacant and was previously occupied by a gas station and automotive repair business. She added the current C7 zoning allows for a gas station with a drive through car wash. She indicated that the applicant is seeking to change the current zoning to C8 to allow for the development of a drive through fast food restaurant on the site. She stated that staff are proposing the inclusion of special regulations to better inform the design of the site to ensure compatibility with the adjacent residential properties. She added these measures dictate the location of the proposed building as well as addressing noise and light issues; such as, the installation of an eight foot high wooden fence designed to form an acoustical barrier. She advised staff are supportive of the zone change and deem the proposed use as being PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES FEBRUARY 13, 2017 -7- CITY OF KITCHENER 2. CSD-17-010 - ZONE CHANGE ZC16/007/O/BB - 751 OTTAWA STREET SOUTH, 2291523 ONTARIO INC. (CONT’D) suitable for the location and size of the site. She noted that the date in the recommendation as well as the by-law attached to Report CSD-17-010 should read “January 8, 2017” and not “2016.” Mr. Ben Kooh, Applicant, and Ms. Candice Micucci, Antech Engineering, addressed the Committee in support of the recommendation contained in Report CSD-17-010. Mr. Kooh advised that he has agreed to several measures to mitigate the concerns raised by area residents; such as locating the restaurant as far as possible from the homes. He stated that he has agreed to place the drive-thru intercom on the side of the building furthest from homes and to build a solid wood 2.4-metre fence when only a 1.8-metre fence is required. Additionally, he will be installing medians to prevent left turns into the restaurant and store garbage in underground ‘Moloks’ rather than standard metal garbage bins. Ms. Rosemary Hagedorn, area resident, addressed the Committee in support of the proposed zone change and spoke to the adverse impacts of living directly behind a gas station. Ms. Mel Shaughnessy-Daub, area resident, addressed the Committee in opposition to the proposed zone change. She reviewed her circulated materials and expressed concerns related to increased traffic volumes, vehicle access, impact on property value, and the effects of vehicle emissions. She provided examples of 17 other drive through fast food restaurants in Kitchener, and indicated only one of the other locations is adjacent to residential properties. She stated a memorandum from City Planning staff suggests the small size of the subject site may limit the appropriateness of broadening the permitted commercial uses on the property. She noted that her material included a petition signed by 149 people who oppose the proposed drive through restaurant. She requested that consideration be given to refusing the subject zone change application. The Committee recessed at 9:13 p.m. and reconvened at 9:16 p.m. chaired by Councillor P. Singh with all members present. In response to questions, Ms. Shaughnessy-Daub indicated that she would prefer to see the subject property developed without a drive through. She reiterated her concerns regarding the impact of increased noise and vehicle emissions as well as the possibility of collisions at the intersection of Ottawa Street South and Strasburg Road. Mr. Victor Labreche, Labreche Patterson & Associates Inc. addressed the Committee on behalf of the Applicant in support of the recommendation contained in Report CSD-17-010, as outlined in his circulated materials. He estimated that approximately 30,000 vehicles a day pass through the intersection of Ottawa Street South and Strasburg Road, which is within 50 meters of the adjacent residential properties. He stated the surrounding urban context, with stopping and starting emissions are a bigger contributor of emissions than the operation of a drive through facility. He indicated the noise study completed in support of the application did not result in the need for any specific noise attenuation measures to be installed. He stated the primary reason for this is due to the fact that the existing surrounding ambient noise is already high. He noted the proposed 2.4 meter high solid wood fence would decrease noise from the abutting roads and intersection from what is currently observed by area residents. Councillor K. Galloway-Sealock left the meeting at this time. In response to questions, Ms. D. Ross confirmed the existing C7 Zoning would permit the operation of a gas station with a convenience store fast food drive through as an accessory use. She noted a number value is not assigned to the definition of accessory, but it must be subordinate to the main use of the site. Councillor P. Singh excused himself from the chair as he intended to bring forward a motion regarding this matter. Due to the absence of the vice-chair, Mayor B. Vrbanovic assumed the chair. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES FEBRUARY 13, 2017 -8- CITY OF KITCHENER 2.CSD-17-010 - ZONE CHANGE ZC16/007/O/BB - 751 OTTAWA STREET SOUTH, 2291523 ONTARIO INC. (CONT’D) Responding to further questions, Ms. Ross indicated there is no requirement for a noise attenuation wall, but confirmed a request could be made during the site plan process. In response to questions, Mr. Kooh advised that the material used for a noise attenuation wall would cost approximately eight times more than the proposed wooden fence. He added the proposed 8 foot high wooden fence already exceeds the minimum height that was requested. He indicated that consideration could be given to using alternative materials. Mr. Labreche noted the design of the proposed wooden fence would reduce noise by approximately 10 decibels. He estimated the material for the reflective sound wall requested by the area residents would cost approximately $45,000. Mr. Kooh confirmed that if the subject application was refused, he would file an appeal with the Ontario Municipal Board. A motion was brought forward by Councillor P. Singh to approve the recommendation contained in Report CSD-17-010, with an additional provision directing staff to work with the applicant to further review the fence detail and design as part of the site plan process. A motion was brought forward by Councillor S. Davey to call the question, which was voted on and was LOST. On motion by Councillor B. Ioannidis it was resolved: “That pursuant to Section 25.4.11 of Chapter 25 (Council Procedure) of the Municipal Code, the proceedings of the Committee this date shall be allowed to continue beyond 11:00 p.m. to conclude matters as listed on the agenda.” Carried Unanimously by all members present. Several members indicated that they would reluctantly support the proposed zone change, given that the existing zoning would allow for the development of a gas station with small accessory convenience stores or mini drive through fast food restaurant. It was noted gas station would present the same issues as the proposed use, but would not have any of the mitigation measures. The following motion was voted on and was Carried on a recorded vote, with Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, P. Singh, Z. Janecki, B. Ioannidis, S. Marsh and J. Gazzola voting in favour; and Councillors Y. Fernandes and F. Etherington, voting in opposition. Councillor K. Galloway-Sealock was absent and accordingly did not vote. On motion by Councillor P. Singh it was resolved: “That Zone Change application ZC16/007/O/BB (2291523 Ontario Inc.) for the purpose of changing the zoning of the subject property from Gas Station Zone (C-7) to Commercial Campus Zone (C-8) with Special Use Provision 458U and Special Regulation 693R be approved in the form shown in the “Proposed By-law” dated January 8, 2017, attached to Community Services Department report CSD-17-010 as Appendix ‘A’; and further, That staff be directed to consult with the Applicant regarding possible materials to upgrade the fence to include further decibel / noise reduction measures.” 3.ADJOURNMENT On motion, this meeting adjourned at 10:55 p.m. C. Goodeve Committee Administrator