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HomeMy WebLinkAbout2011-02-28PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES FEBRUARY 28, 2011 CITY OF KITCHENER The Planning and Strategic Initiatives Committee met this date, commencing at 7:06 p.m. Present: Councillor B. Vrbanovic - Chair Mayor C. Zehr and Councillors S. Davey, J. Gazzola, Y. Fernandes, K. Galloway, P. Singh, B. Ioannidis, Z. Janecki, F. Etherington and D. Glenn-Graham. Staff: C. Ladd, Chief Administrative Officer J. Willmer, Deputy CAO, Community Services R. Regier, Executive Director of Economic Development A. Pinard, Director of Planning S. Ross, Assistant City Solicitor D. Ross, Manager of Development Review B. Korah, Manager of Development Engineering B. Sloan, Manager of Long Range and Policy Planning J. von Westerholt, Senior Planner G. Stevenson, Planner CAO-11-002 - OUTDOOR PATIO ENCROACHMENT POLICY AND PROCESS 1. The Committee considered Chief Administrator’s Office report CAO-11-002, dated February 15, 2011 recommending amendments to Council Policy I-1205 (Outdoor Patios - Encroachment Agreement) to streamline the review process and delegation of approval authority for patio encroachment agreements. On motion by Councillor B. Ioannidis - it was resolved: “That Council Policy I-1205 ‘Outdoor Patios - Encroachment Agreement’ as amended, be repealed and replaced with the Outdoor Patio Encroachments Policy attached to Chief Administrator’s Office report CAO-11-002; and, That the Manager of Downtown and Community Development, or delegate, be authorized to approve applications for outdoor patio encroachment agreements in accordance with Council Policy I-1205; and further, That the Mayor and Clerk be authorized to execute outdoor patio encroachment agreements and amendments thereto provided such are in accordance with Council Policy I-1205 and satisfactory to the City Solicitor.” The Chair read aloud the following statement: “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 is not 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.” CSD-11-029 - ZONE CHANGE APPLICATION ZC 10/07/G/GS 2. - 517 GLASGOW STREET - CORNWELL FINNIGAN LTD. The Committee considered Community Services Department report CSD-11-029, dated February 23, 2011 regarding a zone change application for 517 Glasgow Street. The Committee, this date, was provided with copies of an addendum to Report CSD-11-029 and a revised zoning by-law, recommending a change from Residential Two (R-2) and Residential Three (R-3) zoning to R-3 zoning with Special Regulation Provision 567R limiting the maximum number of lots that can be created by a future consent application at six. Mr. G. Stevenson provided an overview of Report CSD-11-029 and the addendum. In response to questions, Mr. Stevenson advised that at the time of the severance application, the Region of Waterloo would require the relocation of the existing transit pad at the developers cost. He clarified that the subject property currently has split zoning, with R-3 PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES FEBRUARY 28, 2011 - 13 - CITY OF KITCHENER CSD-11-029 - ZONE CHANGE APPLICATION ZC 10/07/G/GS 2. - 517 GLASGOW STREET - CORNWELL FINNIGAN LTD. (CONT’D) zoning on the south portion and R-2 zoning on the north portion of the property. He noted that without the zone change, up to four lots would be permitted for the subject property. Questions were raised regarding the possibility of having the entire property zoned R-3 stipulating that no more than five units could be constructed. Mr. Stevenson commented that from a compatibility standpoint, staff are recommending the change to R-3 zoning with a minimum interior lot width of 15 metres; however, that could be altered to provide for a lot width that would only facilitate the construction of five units. He estimated the existing lot widths on Inwood Drive and Inwood Crescent at 16 to 17.9 meters, noting that the lot widths on Glasgow Street are considerably larger. Mr. Bill Green, GSP Group gave a presentation on behalf of the Applicant/owners of the subject property. He advised that the subject application proposed a zone change to allow the site to be developed with up to eight single detached residential lots through a future severance application. He stated that this would have required Residential Four (R-4) zoning, enabling the creation of six interior lots with a width of 11.53 metres and two corner lots with a width of 15.0 metres, fronting onto Inwood Drive. He commented that this is in keeping with the lotting on Inwood Drive and Inwood Crescent, and facilitates the residential intensification of the property, in accordance with City, Regional, and provincial planning policies. He noted that while the requested R-4 zoning would have allowed semi-detached dwellings, it was determined that the application would only be for single detached dwellings. He stated that they fully intend to support the staff recommendation even though it is not what was requested in their zone change application. He cautioned that if the staff recommendation was not approved, they would file an appeal with the Ontario Municipal Board (OMB). Ms. Kim Bekavac, area resident, addressed the Committee on behalf of Patrick Duffy, who was listed on the agenda as a delegation for this matter. She spoke in opposition to the proposed zone change application, noting that while she understands that provincial policies mandate intensification, the subject property is not in the vicinity of the City’s identified growth- priority area. She expressed concerns that the massing and scale of the proposed development would be inconsistent with the surrounding neighbourhood, and therefore contrary to the built form compatibility provisions of the City’s Official Plan. In response to questions, Ms. Bekavac advised that ideally she would prefer that only four homes be permitted, so that the subject property mirrors the homes opposite to it on Inwood Drive. She responded to further questions that it was her recollection that only the requested R-4 zoning was presented by the Applicant at the public meeting. Mr. Dan Pronovost, area resident, gave a presentation outlining concerns expressed to him by neighbouring residents in opposition to the subject zone change application. He suggested that the six lots proposed by the staff recommendation would be 57% smaller than the area average. He added that, according to his calculations, those six lots would also have 17% less frontage than the five opposite homes on Inwood Drive. He stated that the proposed six lots would allow for buildings that would be inappropriate in massing and scale. He commented that the current zoning, which allows for the creation of four lots, would still meet the City’s intensification objectives. Councillor K. Galloway expressed concerns with the lots selected by Mr. Pronovost to arrive at the area average. She questioned why primarily Glasgow Street lots were chosen over lots on Inwood Drive and Inwood Crescent that appear to be in closer proximity to the subject property. Mr. Pronovost replied that the selected properties have both R-2 and R-3 zoning and generally surround the subject property. He added that he lives on Glasgow Street which is why a majority of those homes were included in his analysis. In response to further questions, Mr. Pronovost stated that he does not recall support being expressed for of more than four lots at the public meetings. He advised that building six homes on the subject property would be incompatible with the character of the neighbourhood and would increase the amount of traffic in the area. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES FEBRUARY 28, 2011 - 14 - CITY OF KITCHENER CSD-11-029 - ZONE CHANGE APPLICATION ZC 10/07/G/GS 2. - 517 GLASGOW STREET - CORNWELL FINNIGAN LTD. (CONT’D) In reference to the suggested filing of an OMB appeal, Mayor C. Zehr inquired as to whether Mr. Green would seek approval of the R-3 zone change recommended by staff, or the R-4 zoning outlined in the zone change application. Mr. Green advised that while they do not object to the staff recommendation, it is not what was proposed in their application. He commented that if this is appealed to the OMB, their application for a change to R-4 zoning to allow for eight lots would go to the Board. A motion by Councillor Z. Janecki to refuse the staff recommendation was brought forward for consideration. He then spoke in support of a maximum of four lots being developed on the subject property, which would not require a zone change. Clarification was requested regarding the OMB appeal process and Mr. S. Ross advised that the City would need to retain an external planning consultant if it decided to partake in a potential hearing. He stated that the City is not required to have representation at said OMB hearing, noting that it would be up to Council to determine if the City would participate. Several members spoke in support of a compromise between what was being proposed by staff and the area residents. It was noted that the staff recommendation could be amended to provide for a maximum lot width that would prevent the creation of more than five lots. Lost, Councillor Janecki’s motion was voted on and was on a recorded votewith Councillors Y. Fernandes, Z. Janecki and J. Gazzola voting in favour and Mayor C. Zehr and Councillors S. Davey, K. Galloway, P. Singh, B. Ioannidis, F. Etherington and D. Glenn-Graham voting in opposition. On motion by Councillor D. Glenn-Graham - it was resolved: “That Zone Change Application ZC10/07/G/GS (517 Glasgow Street), to change the zoning from Residential Two (R-2) to Residential Three (R-3) with Special Regulation Provision 567R and for the purpose of changing the zoning from Residential Three (R- 3) to Residential Three (R-3) with Special Regulation Provision 567R in the form shown in the “Proposed By-law” attached to addendum Community Services Department report CSD-11-029, dated February 28, 2011, save and except Clause 4.a) to provide for a minimum lot width of 19.0 metres, be approved.” CSD-11-028 - ZONE CHANGE APPLICATION ZC 10/10/M/GS 3. - MOORE AVENUE - 2184647 ONTARIO LTD. The Committee considered Community Services Department report CSD-11-028, dated February 9, 2011 concerning a zone change for a property on Moore Avenue to legalise its existing use as a parking lot. Mr. G. Stevenson presented the report. Mr. Craig Beattie, Perimeter Development Corporation addressed the Committee in support of the subject zone change application. He advised that he would be willing to work with the neighbouring property owner, regarding their continued use of the parking lot. On motion by Councillor D. Glenn-Graham - it was resolved: “That Zone Change Application ZC10/10/M/GS for the subject lands (Moore Avenue), for the purpose of changing the zoning from Residential Five (R-5) to Residential Five (R-5) with a Special Use Provision 411U to add “Commercial Parking Facility” as a permitted use on the parcel of land specified and illustrated as the Subject Area on Map No. 1, in the City of Kitchener, be approved in the form shown in the “Proposed By-law” dated January 26, 2011, attached as Appendix ‘A’ to Community Services Department report CSD-11-028.” PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES FEBRUARY 28, 2011 - 15 - CITY OF KITCHENER CSD-11-035 - SOUTHWEST URBAN AREA COMMUNITY MASTER PLAN 4. The Committee considered Community Services Department report CSD-11-035, dated February 17, 2011 regarding the Community Master Plan for the Southwest Urban Area. The Committee was in receipt this date of a written submission from Mr. Paul Britton, MHBC Planning, in which he indicates his intention to address the Committee when this matter is brought forward for further considered at the March 21, 2011 meeting. Ms. J. von Westerholt introduced the report and Mr. Dan Leeming, The Planning Partnership, who presented the Southwest Urban Area Community Master Plan. He stated that issues regarding rising energy costs, aging population, public health and climate change are linked to how communities are designed and built. He added that a Community Master Plan is a widely used planning tool that guides future development by establishing broad land uses and the general locations of new collector streets, as well as community amenities such as parks and schools. In addition, the Plan is supported with environmental, heritage and engineering studies and policies. Mr. Leeming reviewed the study area, noting that at approximately 1000 acres in size, it is the largest remaining greenfield area in the City that does not have an urban land use designation. He noted that the Master Plan delivers a mixed-use, transit supportive community that is oriented to Fischer Hallman Road with a community focal point/node near Huron Road. He added that it achieves minimum provincial density requirements, contributing to “complete communities” and a higher standard of design. Councillor B. Vrbanovic requested that copies of Mr. Leeming’s presentation be circulated to the Committee. A discussion concerning future traffic on Fisher Hallman Road took place in which Mr. Leeming advised that options for a high-speed connection to Hwy 401 exist aside from Fischer Hallman Road, noting that such a use would split the community into two separate parts. Mr. B. Sloan added that Fischer Hallman Road was envisioned to be a type of “Main Street”. He stated that through the Region of Waterloo’s Transportation Master Plan work, an aggressive transit modal split target, more transit riders than typical for greenfield development, was established for the Fischer Hallman corridor. He encouraged members to put forward ideas on alternative uses of this road. Questions were raised with regards to a development timeframe and Mr. Sloan clarified that nothing was before the Committee this date with respect to the timing of development. He stated that timing for development is typically considered as part of the City’s Growth Management Plan, and is anticipated to come forward in September 2011. Regarding the overall potential timing of subdivision approvals, he estimated that if commenced in the near future, it could take over 15 years to build out the entire area. Further questions were raised regarding the public’s response to the Community Master Plan thus far. Mr. Sloan advised that the public open houses were very well attended. He stated that attendees seemed very engaged and excited about expressing ideas on what they would like to see incorporated into the design of this community. He noted that the feedback received from the open houses was given to The Planning Partnership and went into the creation of the Master Plan. Mr. Vaughn Bender, RBJ Schlegel Holdings addressed the Committee, advising that their Williamsburg South Plan, for the lands identified as Area 3, was completed prior to the Southwest Urban Area Community Master Plan.He commented that although they have met with staff many times, they remain frustrated over this process. He expressed concerns that some of the boundaries and buffers specified in their Plan were not provided for in the Community Master Plan. He raised additional concerns that the findings of their environmental consultants as well as the Ontario Ministry of Natural Resources (MNR) do not appear to have been incorporated for the Special Policy Area outlined in the Preferred Community Master Plan drawing. He requested that the MNR and Grand River Conservation Authority (GRCA) rationale studies for these lands, as well as background technical information, be circulated to the affected stakeholders prior to the Committee’s March 21, 2011 meeting to allow for a better understanding of what is intended for those lands. Clarification was requested regarding the concerns expressed by Mr. Bender. Ms. von Westerholt advised that with respect to the Special Policy Area, staff intentionally did not PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES FEBRUARY 28, 2011 - 16 - CITY OF KITCHENER CSD-11-035 - SOUTHWEST URBAN AREA COMMUNITY MASTER PLAN (CONT’D) 4. assign a designation to that section of the Preferred Community Master Plan drawing. She stated that although Mr. Bender, as well as other landowners, submitted environmental studies, MNR has not released a clearance on their preferred land use for that area. She added that further to the work done by private landowners, The Planning Partnership retained a biologist from Plan B Natural Heritage consulting firm, who also submitted environmental studies on the subject area. She advised that MNR has indicated that they are still reviewing the submitted information and it would be premature to assign a land use designation to the Special Policy Area until confirmation is received from MNR as to what would be appropriate. Ms. Jennifer Passey, Cook Homes was in attendance and identified her company as the development interest for the lands adjacent to those noted by Mr. Bender. She spoke in support of his comments, noting that they too have some outstanding technical concerns and would also like to receive the requested background information. She stated that her company filed studies in support of applications for their lands and has been encouraged by the work undertaken on the Community Master Plan up to this point. However, it is difficult for them to come forward with total support of the Master Plan until they have had an opportunity to resolve their concerns with staff. On motion, Councillor K. Galloway brought the staff recommendation forward for consideration with an additional Clause requesting that further consultation be undertaken with area stakeholders prior to the March 21, 2011 Planning and Strategic Initiatives Committee meeting. Mr. Sloan stated that staff would be willing to meet with stakeholders; however, given the tight timelines, it may not be possible to incorporate their comments into the report being prepared st for the March 21 meeting. On motion by Councillor K. Galloway - it was resolved: “That the Community Master Plan for the Southwest Urban Area, prepared by The Planning Partnership and supporting consultants, attached to Community Services Department report CSD-11-035 be received for review, discussion and public input, and returned with any necessary revisions and supporting recommendations for approval at the March 21, 2011 meeting of the Planning and Strategic Initiatives Committee; and, That staff endeavour to further consult area stakeholders prior to the March 21, 2011 Planning and Strategic Initiatives Committee meeting; and, That staff be directed to prepare Official Plan policies, land use designations and a Secondary Plan for the entire Southwest Urban Area based on the direction of the Community Master Plan and including the following: That additional work to further refine technical requirements (such as stormwater management/groundwater facilities and the transportation network analysis) be completed as part of the Secondary Plan process and subsequent development applications where appropriate; and, That the Secondary Plan and new Official Plan policies identify the lands on either side of Fischer Hallman Road generally between Bleams Road and Huron Road as a Mixed Use Corridor with a Mixed Use Node near Fischer Hallman Road/Huron Road; and, That the significant cultural heritage resources identified in the Community Master Plan for the Southwest Urban Area, Cultural Heritage Background Study: Built Heritage and Cultural Landscapes report prepared by Nancy Z. Tausky be referred to Heritage Kitchener for their consideration of Steps 3 and 4 of the Municipal Heritage Register review process for potential listing as non-designated properties of cultural heritage value or interest; and, PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES FEBRUARY 28, 2011 - 17 - CITY OF KITCHENER CSD-11-035 - SOUTHWEST URBAN AREA COMMUNITY MASTER PLAN (CONT’D) 4. That a Class Environmental Assessment be undertaken for a proposed north-south collector street (for the portion of the proposed road outside of any plan of subdivision) that would connect the Southwest Urban Area and that the timing be referred to next year’s Capital Budget process and the next Development Charges Background Study and By-law; and further, That the Secondary Plan process for the entire Southwest Urban Area include public and stakeholder involvement and provide recommendations for the June 20, 2011 meeting of the Planning and Strategic Initiatives Committee.” CSD-11-020 - ZONE CHANGE APPLICATION ZC 10/11/O/ATP 5. - OLD HURON ROAD (BLOCK 2, 58M-461) - HALLMAN CONSTRUCTION LTD. The Committee considered Community Services Department report CSD-11-020, dated January 26, 2011 regarding a zone change for a property on Old Huron Road, owned by Hallman Construction Ltd. Ms. D. Ross presented the report and noted that no comments were received from the adjacent agricultural landowner. Mr. Pierre Chauvin, MHBC Planning was in attendance in support of the staff recommendation. On motion by Councillor Y. Fernandes - it was resolved: “That Zone Change Application ZC10/11/O/ATP (Old Huron Road, Hallman Construction Ltd.), for the purpose of changing the zoning from Agricultural Zone (A-1) to Residential Six Zone (R-6), on lands located on Old Huron Road as shown on the Proposed Zoning Map (Map No. 1), in the City of Kitchener, be approved in the form shown in the “Proposed By-law” dated January 26, 2011, attached to Community Services Department report CSD-11-020.” ADJOURNMENT 6. On motion, the meeting adjourned at 9:54 p.m. C. Goodeve Committee Administrator