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HomeMy WebLinkAboutCIS Minutes - 2022-06-08 Community and Infrastructure Services Committee Minutes June 8, 2022, 4:00 p.m. Electronic Meeting Present: Mayor B. Vrbanovic Councillor S. Davey Councillor D. Schnider Councillor J. Gazzola Councillor C. Michaud Councillor K. Galloway-Sealock Councillor P. Singh Councillor B. Ioannidis Councillor M. Johnston Councillor D. Chapman Councillor S. Marsh Staff: D. Chapman, Chief Administrative Officer M. May, General Manager, Community Services and Deputy Chief Administrator V. Raab, General Manager, Corporate Services J. Readman, General Manager, Development Services J. Lautenbach, Chief Financial Officer, Financial Services D. McGoldrick, General Manager, Infrastructure Services L. MacDonald, City Solicitor B. Rowland, Director, Corporate Communications and Marketing G. MacNeil, Director, Enforcement A. Fusco, Director Legislated Services / City Clerk N. Goss, Manager Policy & Research D. Saunderson, Deputy Clerk Tim Donegani, Senior Planner M. Parris, Landscape Architect S. Goldrup, Committee Administrator _____________________________________________________________________ 1 1. Commencement The Community and Infrastructure Services Committee held an electronic meeting this date, commencing at 4:04 p.m. 2. Consent Items Pursuant to Chapter 25 (Procedure) of the Municipal Code, a motion was brought forward by Councillor J. Gazzola to discuss Consent item 2.1 listed on the agenda, which was voted on and was Carried. 2.1 Noise Exemption - Bingemans - I Heart Beer Festival, CSD-2022-262 The Committee considered Community Services Department report CSD-2022- 262, dated May 16, 2022 regarding a noise exemption for the I Heart Beer Festival being held at 425 Bingeman Centre Drive on June 23 & 24, 2022. On motion by Councillor S. Davey it was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Bingemans on June 23, 24, 2022 for the I Heart Beer Festival being held at 425 Bingeman Centre Drive, as outlined in Community Services Department report CSD-2022-262; and further, That the exemption be subject to the following conditions, which if not complied with, will render the noise exemption null and void: 1. There shall be no offensive language, in the opinion of City staff, generated from the music events, audible in any adjacent residential neighbourhood; 2. The event organizers will ensure that there is an on-site contact person accessible to correspond with City staff at all times during the event(s); 3. The event organizers agree to respond accordingly to requests from City staff, during the event(s), in order to address community concerns that may arise with regard to the impact of noise heard within adjacent residential areas." Carried 2 3. Discussion Items 3.1 Growth Related Funding Tools - Cumulative Impact Assessment, DSD- 2022-281 The Committee considered Development Services Department report DSD-2022- 281, dated May 27, 2022 regarding receipt of the Growth Related Funding Tools - Cumulative Impact Assessment. T. Donegani provided opening remarks and introduced Joe Chipman & Matthew Bennett, N. Barry Lyon Consultants who presented an overview of the findings of the Cumulative Impact Assessment. It was noted the Assessment was prepared Park Dedication, Community Benefits Charges (CBC), and Inclusionary Zoning (IZ). Councillors P. Singh and J. Gazzola entered the meeting at this time. Steve Burrow expressed concerns with the Cumulative Impact Assessment, specifically related to the conclusions regarding impacts on land values, housing availability, land value profits, the use of terms homeowner and land values, noting the words seemed to be used interchangeably, as well as site selections and site density in comparison with supply. S. Burrow further advised the City's burden on an individual condo unit in comparison to the costs outlined in the report, identifies even with the proposed fees there will still be shortfalls. S. Burrows questioned whether land values between the Downtown should be considered differently than those outside of the core. Hal Jaeger expressed concerns with the Cumulative Impact Assessment and the comments related to land profitability; the engagement process and the lack of engagement beyond the professional realm; as well as the comments related to land pricing and the devaluation. Councillor K. Galloway-Sealock left the meeting at this time. On motion by Councillor D. Chapman it was resolved: "That Development Services Department report DSD-2022-281 regarding Growth Related Funding Tools Cumulative Impact Assessment, be received." Carried 3 3.2 Places and Spaces - Park Strategic Plan and Park Dedication Update, INS- 2022-224 The Committee considered Infrastructure Services Department report INS-2022- 224, dated May 26, 2022 regarding the Places & Spaces - Park Strategic Plan and Park Dedication update. Council was also in receipt of written submissions from Brandon Carter on behalf of IN8 Developments, Tommy Rakic, Copper Bay Homes; MHBC Planning on behalf of Vive Development Corporation; Hal Jaeger; Patterson Planning Consultants Inc. on behalf of various property owners; Sam Mercury; Sheldon Atos; Catherine Owens and Rob Howe on behalf of Sunvest Reid Ltd. Niall Lobley and Mark Parris presented the report. N. Lobley advised the report compiles and presents all the documents necessary to complete the first stage of -Law and Policy Documents. N. Lobley further advised the financial implications are indirect capital funding impacts by excluding the use of the Parkland Reserve within the capital forecast. Peggy Nickels spoke in support of the recommendation as outlined in the staff report, noting she had been in consultation with Councillor D. Chapman about possible improvements to the staff recommendation, indicating she was in support with those anticipated amendments. P. Nickels expressed concerns with the changes proposed in the Parkland Dedication By-law and the proposed transition period for developers. P. Nickels expressed further concerns with infill development and the demand for park space being adequate to address the development growth. Jennifer Meader addressed Committee on behalf of the Waterloo Region Home Builders' Association expressing concerns with the proposed changes to the Parkland Dedication By-law, indicating their disagreement that parkland reserve funds collected under the Planning Act can be used to reinvest in existing park spaces. J. Meader expressed support for the proposed Privately-Owned Publicly- Accessible Spaces (POPS) credit, stating the industry would prefer the City consider a full credit for these spaces rather than the proposed 25%. J. Meader indicated the credit for Open Space Lands & Trails, suggesting for greater fairness and transparency, the by-law should clearly delineate the situations in which trails and open space are given credit. Regarding the collection rates in Greenfield Areas compared to Built-Up Areas, J. Meader noted that CIL funds collected in urban areas are also applied in the same urban areas and are not used to subsidize parkland acquisition in greenfield areas. Finally, J. Meader 4 staff are proposing to complete in the future, after the parkland by-law has been spaces to meet community needs, but will not address the location, size or form strategy should be fully completed prior to the passing of the parkland dedication by-law. It should form the basis and justification for the by-law, and particularly the amount of parkland to be acquired and the amount of CIL to be collected. Councillor M. Johnston entered the meeting at this time. Margaret Walton-Roberts expressed support for the Places and Spaces report, noting support for the Sustainable Development Goals and how Places and Spaces would support Kitchener achieving those goals for the long-term. M. Walton-Roberts expressed further support for the potential amendments anticipated to be put forward by Councillor Chapman related to expanding park spaces. Darryl Firsten, IN8 Developments and Brian Prudham, Momentum Developments, noting as developers in the City they have purchase land with preconceived expectations based on the City's current regulations. D. Firsten expressed concerns with an abrupt change to the Parkland Dedication By-law and the changes being imposed on developments that have already been deemed complete, but have yet to obtain building permits. B. Prudham noted the increase in Parkland Dedication is a significant unanticipated expense that could have drastic impacts on their projects and requested consideration to deferring the proposed changes on those projects. Hal Jaeger expressed concerns with the proposed changes related to the Parkland Dedication By-law within the Downtown, noting where possible all residents should have equal access to parkland dedication within 10 minutes of their homes. H. Jaeger further advised for those developments who are possibly eligible for inclusionary zoning, they should not be eligible for parkland dedication exemptions. Joseph Puopolo addressed Committee in regard to the proposed changes to the Parkland Dedication By-law and the impact on the housing supply. J. Puopolo expressed concerns with the fairness and equity to the proposed changes, minimal consideration for City owned assets, the affordability crisis, nothing the cash-in-lieu will be forwarded through on future home buyers, creating further issue with affordability. Lastly J. Puopolo addressed Privately Owned Public Space (POPS) space, acknowledging the importance of those spaces as the 5 future growth of the City is up, rather than out. J. Puopolo requested Council consider deferring the recommendation as outlined in the report to allow further dialogue with City Staff to address the identified concerns. Steve Burrows expressed concerns with the recommendation outlined in the staff recommendation, related to the proposed changes to the Parkland Dedication By-law, indicating the proposed changes continue to create inequities between the downtown and residential neighborhoods related to adequate park space. S. Burrows expressed further concerns with POPS being an adequate substitution for public park space. In response to questions, N. Lobley advised regardless of whether the additional clause related to the removal the downtown exemptions for parkland dedication is included in the staff recommendation, the downtown parkland dedication exemption would still be removed. Questions were raised related to when Parkland Dedication were paid and the proposed transition period. Niall Lobley advised any development that is currently in the approval process and has already been deemed complete as of June 30, 2022 would be exempt from Parkland during the proposed transition period. In response to further questions, N. Lobley stated POPS are important contributions to development, but they are not equivalent to public parks. Staff acknowledge they are important and potentially eligible for parkland dedication credit up to 25%, but they do not replace the need for public park space. Mayor B. Vrbanovic questioned whether consideration was given to parkland dedication exemptions for affordable housing projects. N. Lobley stated staff would have no objections to providing the 5% parkland dedication exemption. N. Lobley stated with each credit or exemption that is provided, there is less parkland dedication. Mayor B. Vrbanovic brought forward a motion to approve the staff recommendation as outlined in Report INS-2022-224, including an amendment that the proposed Places & Spaces report be amended so that no parkland dedication requirements be charged to any supportive or highly subsidized (rent geared to income) affordable housing projects as part of this new plan. Mayor Vrbanovic requested staff prior to the June 20, 2022 Council meeting to assist with providing the proper definition for supportive or highly subsidized (rent geared to income) affordable housing projects, noting not-for-profits should also be included in that definition. Councillor D. Chapman brought forward an amendment to Mayor Vrbanovic's motion to direct staff to consider prior to the sale of any City-owned property, that 6 such property be considered for use as parkland in any community having a high or critical need for parkland acquisition, in equal consideration with affordable housing and economic development; and, that staff be directed to remove the downtown exemptions for parkland dedication requirements such that all development within the downtown will be subject to parkland dedication requirements; and further, that staff be directed to investigate and bring a report to Council before the 2024 budget cycle, on other ways in which parkland acquisition might be advanced and funded, including exploring tools such as a special tax program that would support the Parkland Reserve fund to acquire parkland above and beyond the tools proposed in Spaces and the Parkland Dedication Bylaw. In response to questions, Tim Donegani agreed to provide additional information prior to the June 20, 2022 Council meeting related to related to land values Councillor P. Singh brought forward a further amendment to Mayor Vrbanovic's motion to increase the proposed parkland dedication credit from 25% to 50% for POPS. Councillor S. Davey requested that staff prior to the June 20, 2022 Council meeting, that staff be directed to provide a transitional arrangement related to developments currently in the approval process that would address some of the comments raised by some of the development committee. Councillor S. Davey requested staff look further into the possibility of establishing development agreements that would defer the collection of parkland dedication to the time occupancy. Councillor C. Michaud declared a conflict with Mayor B. Vrbanovic proposed amendment to provides for parkland dedication exemption for affordable housing, as well as the first clause of Councillor Chapmans amendment due to being employed by a not-for-profit organization. Mayor Vrbanovic expressed concern with the wording of the Councillor Chapman's amendment and requested the term "Affordable Housing" be voted on separately. Councillor B. Ioannidis declared a conflict with Mayor B. Vrbanovic proposed amendment to provides for parkland dedication exemption for affordable housing, as well as the first clause of Councillor Chapmans amendment due to being employed by a not-for-profit organization. Councillor P. Singh's amendment related to the parkland dedication credit increase for the POPS was then voted on and was LOST. 7 Mayor Vrbanovic's amendment related to parkland dedication exemptions for affordable housing projects was then voted on and was Carried. Due to their previously declared conflicts Councillor B. Ioannidis and C. Michaud did not vote. Councillor Chapman's amendment related to the sale of any City-owned property and the consideration of parkland was then voted on and was Carried. Councillor Chapman's amendment related to downtown parkland dedication was then voted on and was Carried. Councilor Chapman's amendment related 2024 budget cycle and consideration for other ways in which parkland acquisition might be advanced and funded, including exploring tools such as a special tax program that would support the Parkland Reserve fund to acquire parkland above and beyond the tools proposed in Spaces and the Parkland Dedication Bylaw was then voted on and was Carried. On motion by Mayor B. Vrbanovic it was resolved: pursuant to the requirements of the Planning Act, as outlined Infrastructure Services Department staff report INS-2022-224; and, That the updated Park Dedication By-Law Chapter 273 and Park Dedication Policy be approved, as amended, in the form shown in cation By- -2022-224 as That staff be directed to work with the school boards to explore shared use agreements that provide for a common understanding of where public use can be supported on existing school board lands, and where school board use of public parks may occur; and, That staff be directed to continue to work with agencies such as Kitchener Wilmot Hydro and Hydro One in managing areas of transmission corridors to support and link a planned park and open space system, and continue to work with partners such as Chicopee Ski Hill and the Grand River system; and, That staff be directed to identify specific properties of interest for acquisition or repurpose (in the event lands are identified that are in public 8 ownership) to address identified Critical Needs Areas and bring these forward when opportunities exist to Council; and, That staff be directed to incorporate relevant directions from Spaces into That staff be directed to consider, prior to the sale of any City-owned property, that such property be considered for use as parkland in any community having a high or critical need for parkland acquisition, in equal consideration with affordable housing and economic development; and, That staff be directed to remove the downtown exemptions for parkland dedication requirements such that all development within the downtown will be subject to parkland dedication requirements; and, That staff be directed to investigate and bring a report to Council before the 2024 budget cycle on other ways in which parkland acquisition might be advanced and funded, including exploring tools such as a special tax program that would support the Parkland Reserve fund to acquire parkland above and beyond the tools proposed in Spaces and the Parkland Dedication Bylaw; and further, That the proposed Places & Spaces report be amended so that no parkland dedication requirements be charged to any supportive or highly subsidized (rent geared to income) affordable housing projects as part of this new plan." Carried, as amended 3.3 Implementation of New Consolidated Linear Infrastructure Environmental Compliance Approval (CLI-ECA) Regulations for Sanitary and Stormwater Infrastructure, INS-2022-278 The Committee considered Infrastructure Services Department report INS-2022- 278, dated May 30, 2022 recommending approval of the implementation of new Consolidated Linear Infrastructure Environmental Compliance Approval (CLI- ECA) regulations for Sanitary and Stormwater Infrastructure. B. Lam presented the report and responded to questions from the Committee. On motion by Councillor S. Davey it was resolved: 9 "That Council approve the addition of 2 Full Time Equivalent (FTE) in the Sanitary and Stormwater Utilities to support the transfer of environmental approvals from the Ministry to the City as part of the new Consolidated Linear Infrastructure Environmental Compliance Approval (CLI-ECA) regulatory change, as outlined in Infrastructure Services Department report INS-2022-278." Carried 4. Information Items 4.1 None. 5. Adjournment On motion, this meeting adjourned at 7:25 p.m. Dianna Saunderson Manager, Legislated Services / Deputy Clerk 10