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HomeMy WebLinkAboutPSI Minutes - 2017-03-06 PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MARCH 6, 2017 CITY OF KITCHENER The Planning and Strategic Initiatives Committee met this date, commencing at 6:25 p.m. Present: Councillor P. Singh, Chair Mayor B. Vrbanovic and Councillors S. Davey, Y. Fernandes, J. Gazzola, B. Ioannidis, Z. Janecki , S. Marsh and D. Schnider. Councillor K. Galloway-Sealock was present for part of the meeting. Staff: M. May, Deputy CAO, Community Services C. Fletcher, Interim Executive Director, Infrastructure Services J. Readman, Interim Executive Director, Infrastructure Services C. Bluhm, Interim Executive Director, Economic Development A. Pinard, Director, Planning C. Tarling, City Clerk L. Tansley, Assistant City Solicitor J. Oosterveld, Manager, Site Development & Customer Service D. Ross, Manager, Development Review K. Anderl, Senior Planner, Development Review D. Seller, Traffic and Planning Analyst, Transportation Planning 1.CSD-17-009 – RESIDENTIAL INTENSIFICATION IN ESTABLISHED NEIGHBOURHOODS STUDY (RIENS) – FINAL REPORT Councillor B. Ioannidis declared a pecuniary interest as he has properties that might be affected by this matter; accordingly, he did not participate in any discussion or voting. Councillor P. Singh declared a pecuniary interest as he and members of his family own property within the study area; accordingly, he did not participate in any discussion or voting, and excused himself from the chair. Mayor B. Vrbanovic assumed the chair. The Committee considered Community Services Department report CSD-17-009, dated February 13, 2017 recommending approval of the Residential Intensification in Established Neighbourhoods Study (RIENS) proposing changes to the planning approvals process for new development projects to address issues of compatibility. Ms. J. Oosterveld provided a brief introduction indicating the purpose of the recommendations within the report is to provide a clear process for approving intensification/infill development. Mr. Nick McDonald, Meridan Planning, led the presentation and provided details concerning the recommendations around zoning rules, planning processes, updating the Urban Design Manual for infill development, and the creation of a Citizen’s Guide to help citizens and developers better understand the infill development planning process. He indicated a significant focus of the work of RIENS was on the zoning rules for front yard setbacks, building heights, garage widths and projections, and driveway widths. A review of zoning for R-6 and R-7 zones is recommended as well as a change to the notification process for Committee of Adjustment (CofA) applications. The recommendations also include a Site Plan Approval Pilot Project for certain key areas in the City. Ms. Oosterveld advised staff could immediately undertake the creation of the Citizen’s Guide and a city-wide roll-out of the CofA sign notice noting staff intends to create reusable signs to be more cost-effective. Zoning rule changes through the Comprehensive Review of the Zoning By-law (CRoZBy) and Secondary Plans Review, the Site Plan Control Pilot Project, and the Urban Design Manual Comprehensive Review will require additional work and approvals; thus will likely come forward to Council for a decision in 2017-2018 after staff has had an opportunity for public consultation. She went on to explain the rationale for the timing for each recommendation. Councillor K. Galloway-Sealock left the meeting at this time. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MARCH 6, 2017 -10- CITY OF KITCHENER 1.CSD-17-009 – RESIDENTIAL INTENSIFICATION IN ESTABLISHED NEIGHBOURHOODS STUDY (RIENS) – FINAL REPORT (CONT’D) Ms. Jane Pellar spoke in favour of all the recommendations in the report. She praised staff for consulting with citizens and reflecting their input in the report. She indicated she feels the Site Plan Control Pilot Project and the update to the Urban Design Manual are especially crucial as the latter will help to guide infill and minimize negative impact. She stated the overall height and setbacks make a street valuable so it is important to keep the general flow of a street appealing, use good building materials, and ensure new buildings have a relationship to the existing ones. Mr. Marc Kemerer, Devry Smith Frank LLP, appeared on behalf of his client, InTown Inc., which develops modern and affordable housing. He expressed opposition to the recommendations stating they entrench the status quo and do not encourage creative infill development because they restrict height and setbacks, and are cost prohibitive. Mr. Kemerer expressed a need for flexible design to realize infill development and suggested further consultation, especially with smaller-scale developers, is needed. Several members of Council expressed concerns regarding maximum building heights and setbacks suggesting the recommendations might be too restrictive to allow for some variability and flexibility. More information was requested about the resourcing implications of site plan approvals for neighbourhoods identified by Cultural Heritage Landscape Study. Ms. Oosterveld indicated staff could provide greater clarity at the March 20, 2017 Council meeting. On motion by Councillor Z. Janecki the recommendation within report CSD-17-009 concerning Residential Intensification in Established Neighbourhoods Study (RIENS) – Final Report was brought forward for consideration. A motion was brought forward by Councillor S. Davey to defer consideration of this matter to the March 20, 2017 Council meeting, to allow time for staff to re-examine the recommendations concerning maximum building heights and setbacks as well as to provide more information concerning the resourcing implications for Site Plan approvals in select neighbourhoods identified by the Cultural Heritage Landscape Study. The following motion was voted on and was Carried on a recorded vote with Mayor B. Vrbanovic and Councillors S. Marsh, D. Schnider and S. Davey voting in favour; and Councillors J. Gazzola, Z. Janecki and Y. Fernandes voting in opposition. Councillors B. Ioannidis and P. Singh previously declared a conflict of interest and accordingly did not vote. Councillors F. Etherington and K. Galloway-Sealock were absent and accordingly did not vote. On motion by Councillor S. Davey – it was resolved: “That consideration of the following motion be deferred to the March 20, 2017 Council meeting, to allow time for staff to re-examine the recommendations concerning maximum building heights and setbacks as well as to provide more information concerning the resourcing implications for Site Plan approvals in select neighbourhoods identified by the Cultural Heritage Landscape Study: “That the recommendations attached, as Appendix ‘A’ of Community Services Department report CSD-17-009, be approved as supported by the Residential Intensification in Established Neighbourhoods Study (RIENS) Final Report prepared by Meridian Planning Consultants dated February 13, 2017.’” 2. CSD-17-002 - ZONE CHANGE ZC16/003/P/APT - 11 PIONEER TOWER ROAD, MARISOLTEIJEIRO Councillor P. Singh assumed the chair. 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 PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MARCH 6, 2017 -11- CITY OF KITCHENER 2. CSD-17-002 - ZONE CHANGE ZC16/003/P/APT - 11 PIONEER TOWER ROAD, MARISOLTEIJEIRO (CONT’D) 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-17-002, dated February 7, 2017 recommending approval of Zone Change Application ZC16/003/P/APT (11 Pioneer Tower Road) for the purpose of changing the zoning at 11 Pioneer Tower Road to add ‘Health Clinic’ as a permitted use. Ms. K. Anderl stated the subject business for this zone change application will stay within the same footprint as the existing house. She indicated staff feels a natural health clinic is an appropriate use for the property since the location is within a transitional area from commercial lands to residential. While this lot could remain as residential, staff feels the health clinic use is more tolerant of and compatible with the neighbouring area. She added it is common to have health clinics in residential areas or near to such areas. Ms. Anderl reported adjustments have been added to the site plan to address residents’ concerns as follows: limitations on the number of clients, the need for screening and fencing around the parking lot, storage of garbage indoors, on-site parking, and setbacks from the parking lot to the lot line. These measures will limit the scale of the business, restrict other uses on the property and lessen the impact to neighbouring properties. She indicated that while a traffic impact study was not recommended since the scale of the business is so small, the Applicant prepared one which has been reviewed by Transportation Planning staff who agrees with the recommendation for the zone change. Representing the Applicant, Mr. Scott Patterson of Labreche Patterson and Associates Inc., provided additional details about the proposed use of the property suggesting the change is a modest one. He showed a concept landscape plan to help minimize the impact to the neighbours and emphasized the Applicant wants the project to be compatible with the neighbouring area while enabling the additional use. He answered questions regarding the number of professionals, clients and support staff for the business; the reasoning for 20 parking spaces; where the business is currently operating; whether the business could operate elsewhere; how late the business will be open; and with whom the traffic study was shared. Mr. Jim Fleming expressed opposition to the zone change stating the proposed use would have a negative impact on the neighbourhood. He suggested the business will cause a disturbance with clients coming and going which will adversely affect property values in the area as well as residents’ lifestyle, especially in the use of their backyards and their privacy. He stated there is currently a problem with traffic at the intersection of King Street East/Pioneer Tower Road/Baxter Place, and the business will further contribute to the traffic. Mr. Fleming answered questions regarding the notification process and the traffic problems in the area. Ms. Marisol Teijeiro, the Applicant, requested approval of the zone change and provided additional information regarding her method of practice. She explained the goal of her business is to maintain a home-like setting for her patients where they can seek solitude to help with their treatment. She stressed she wants to be a good neighbour and will work with the neighbours to minimize the impact of the business. She stated she wants to keep things quiet as she lives in the area as well. Ms. Teijeiro responded to questions regarding where her present business is operating; what her business hours will be; why she wishes to operate out of a home; the number of professional and support staff who will work at the clinic and what is required for her business to be viable; how long her patients are present at the clinic; the number of people who will attend classes; if it was possible to shift the parking to the front of the property; whether she would be prepared to ask her patients not to idle their cars; and whether she will pursue her application via the Ontario Municipal Board (OMB) if her application is refused. Mr. Scott Higgins appeared in support of the application saying a small clinic in the area will not contribute much to the traffic at that intersection and would be a nice addition to the neighbourhood. He suggested staff should look at resolving the missing links in the sidewalks in that area since people like to walk in that area. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MARCH 6, 2017 -12- CITY OF KITCHENER 2. CSD-17-002 - ZONE CHANGE ZC16/003/P/APT - 11 PIONEER TOWER ROAD, MARISOLTEIJEIRO (CONT’D) Responding to questions, Ms. Anderl confirmed that health offices/clinics are permitted in a range of zones and as a complementary use in a residential zone. She added residential uses can be located next to commercial uses. She also stated staff feels this application has merit because it meets the criteria for the proposed use as per the Official Plan which allows for complementary uses and any future proposed use would also be reviewed on its own merits. She advised the reason to add this special use as a natural health clinic is to reduce the possibility of another business moving into the property. She confirmed the site plan has not been approved but has been used as a basis for this zone change application. She indicated the City has tailored the proposed change to limit it to what is being contemplated by this Applicant. Mr. D. Seller answered questions concerning the collision history for the intersection of King Street East/Pioneer Tower Road/Baxter Place as well as traffic congestion in the area. Councillor B. Ioannidis brought forward a motion to defer consideration of this matter to the April 3, 2017 Planning and Strategic Initiatives Committee meeting, to allow time for staff to further confer with the Applicant regarding measures to lessen the impact of the business on the neighbouring properties. The following motion was voted on and was Carried on a recorded vote with Mayor B. Vrbanovic, and Councillors D. Schnider, S. Davey, B. Ioannidis and P. Singh voting in favour; and Councillors J. Gazzola, S. Marsh, Z. Janecki and Y. Fernandes voting in opposition. Councillors F. Etherington and K. Galloway-Sealock were absent and accordingly did not vote. On motion by Councillor B. Ioannidis – it was resolved: “That consideration of the following motion be deferred to the April 3, 2017 Planning and Strategic Initiatives Committee meeting or the next available Standing Committee date, to allow time for staff to further work with the applicant to examine ways to reconfigure the plans for the property to lessen the impact on neighbouring properties: ‘That Zoning By-law Amendment ZC16/003/P/ATP (Marisol Teijeiro) for the purpose of changing the zoning from Residential Two Zone (R-2) with Special Regulation Provision 233R to Residential Two Zone (R-2) with Special Regulation Provision 233R and Special Use Provision 459U be approved in the form shown in the “Proposed By-law” dated February 6, 2017 attached as Appendix A to Community Services Department report CSD-17-002.’” 3.ADJOURNMENT On motion, this meeting adjourned at 10:12 p.m. C. Tarling City Clerk