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HomeMy WebLinkAbout2011-09-12PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES SEPTEMBER 12, 2011 CITY OF KITCHENER The Planning and Strategic Initiatives Committee met this date, commencing at 7:25 p. m. Present: Councillor B. Vrbanovic -Chair Councillors S. Davey, J. Gazzola, Y. Fernandes, P. Singh, K. Galloway, B. loannidis, F. Etherington, Z. Janecki and D. Glenn-Graham. Staff: C. Ladd, Chief Administrative Officer J. Willmer, Deputy CAO, Community Services D. Chapman, Deputy CAO, Finance & Corporate Services P. Houston, Deputy CAO, Infrastructure Services S. Turner, Director of By-law Enforcement A. Pinard, Director of Planning S. Adams, Director of Strategic Planning & Innovation D. Ross, Manager of Development Review K. Anderl, Senior Planner J. Billett, Committee Administrator Prior to commencement, 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-11-111 - DRAFT PLAN OF SUBDIVISION 30T-11201 - DRAFT PLAN OF CONDOMINIUM 30CDM-11207 - 342 MILL STREET 2066592 ONTARIO INC. The Committee considered Community Services Department report CSD-11-111, dated August 23, 2011 recommending approval of applications for a plan of subdivision consisting of 75 lots and a common element block, and a common elements plan of condominium for 342 Mill Street. Ms. K. Andrel reviewed the report. Councillor K. Galloway inquired how parking will be designated and governed. Ms. K. Anderl advised that parking will be dealt with through site plan review, with each unit to have a garage and driveway parking space, and there will also be a common area for visitor parking. She added that rules governing maintenance of the parking areas will be stipulated in the Condominium Declaration to be submitted by the owner for approval by the City's Manager of Development Review. Councillor Galloway raised concerns with the parkette abutting the street and in particular, with safety of children playing in the parkette. Ms. Anderl advised that the developer is proposing to provide the parkette and dedicate a portion of the Shoemaker Greenway to the City that was previously held in private ownership. The detailed design will be dealt with through site plan review and as it is to be a public open space rather than an internal green space to the development, it must have street access to be accessible to the general population. Councillor K. Galloway requested that consideration be given to an alternate location during site plan review. Councillor Z. Janecki questioned why the City's cash-in-lieu of park space was not taken for this application given the nature and small size of the development. Ms. Anderl advised that a combination of land dedication and cash-in-lieu was used. Councillor Janecki suggested that cash-in-lieu was more appropriate than developing a parkette fronting the street and adjacent to the creek, noting that the City will also incur future maintenance costs. Ms. Anderl advised that Parks staff were consulted and are willing to assume maintenance of the park, noting that it is the intent that the channel will become entirely green and form a trail connection. The parkette is beneficial to this endeavour as a lead-in to the trail system. Councillor Janecki also raised concerns as to the saleability of certain lots relative to their size and functionality. Ms. Anderl advised that the builder is responsible for the design and will be marketing the site as an urban townhouse development. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES SEPTEMBER 12. 2011 - 61 - CITY OF KITCHENER 1. CSD-11-111 - DRAFT PLAN OF SUBDIVISION 30T-11201 - DRAFT PLAN OF CONDOMINIUM 30CDM-11207 - 342 MILL STREET 2066592 ONTARIO INC. (CONT'D) Councillor Z. Janecki referred to the mapping for the subdivision plan, and in particular Block 76 which shows wire fencing along the edge of the channel. He stated that it was his understanding the GRCA does not permit fencing in the middle of a floodplain. Ms. Anderl advised that this is likely in error and could be removed from the plan of subdivision mapping. Councillor Y. Fernandes raised concerns that trail systems that are promised do not always come to fruition and questioned how the developer or the City could be held committed to the trail development. Ms. Anderl advised that the trail development would be done by the City but in this location it does not yet lead anywhere as the area dead-ends and is therefore, a long term objective. Councillor Fernandes suggested that given this is a high density area the home owners will want outdoor amenities such as a trail that would provide access up to Victoria Street. Mr. J. Willmer confirmed that plans for the trail development are long term and are dependent on future redevelopment and use of Charles/Benton Streets for the Region of Waterloo's LRT system. He suggested that notification could be given to prospective purchasers that there is a plan for trail development but it is a long term objective. Mr. Kurt Franklin, 2066592 Ontario Inc. addressed the Committee in support of the staff recommendation. Councillor K. Galloway inquired as to any concerns from area residents regarding the proposed plan of subdivision. Ms. Anderl advised that notice was circulated to area residents and only 3 responses were received; one of which was in support and the others expressing concerns related to site plan issues which have been addressed. Councillor Y. Fernandes raised concerns that the closeness of the property to a CN rail line requires air conditioning to be provided which is counter-productive to environmental initiatives that encourage residents to open windows and lower their air conditioning. She acknowledged that nothing can be done about the location; however, she asked that this be taken into consideration in future. On motion by Councillor F. Etherington the recommendation in staff report INS-11-111 was brought forward to approve the plan of subdivision and condominium application for 342 Mill Street. Councillor Etherington accepted an amendment to his motion by Councillor Y. Fernandes to provide for a condition of approval that prospective purchasers be warned that plans for trail development are long term. On motion by Councillor F. Etherington - itwas resolved: "That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, Chapter P.13 as amended, and delegation By-law 2002-64, hereby grants draft approval to Plan of Subdivision Application 30T-11201, in the City of Kitchener, for 2066592 Ontario Inc., subject to the conditions outlined in Community Services Department report CSD-11-111, and as amended to add a condition of approval to provide that the Subdivider agrees to include a statement in all Offers of Purchase and Sale agreements that advises the prospective purchaser that the City's plans for trail development in the subject area is a long term objective dependent on future redevelopment and Regional transportation plans; and further, That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, Chapter P.13 as amended, and By-law 2002-64 as amended, hereby grants draft approval to Condominium Application 30CDM-11207 for 342 Mill Street in the City of Kitchener, subject to the conditions outlined in Community Services Department report CSD-11-111, and as amended to add a condition of approval to provide that the Subdivider agrees to include a statement in all Offers of Purchase and Sale agreements that advises the prospective purchaser that the City's plans for trail development in the subject area is a long term objective dependent on future redevelopment and Regional transportation plans." PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES SEPTEMBER 12. 2011 - 62 - CITY OF KITCHENER 2. 1253 KING STREET EAST -ONTARIO ADDICTION TREATMENT CENTRES IOATC Councillor B. Vrbanovic advised that delegations have registered this date to speak to concerns regarding the opening of a methadone clinic at 1253 King Street East. Councillor F. Etherington advised that the subject clinic was introduced into the neighbourhood without notification to area residents and is one of a number of similar clinics operating across the Province. He advised that two Doctors own and operate the network of OATC's in 25 communities, working with over 40 Doctors in the field of dispensing methadone. Councillor Etherington acknowledged the need for such clinics but expressed the need to also protect the communities in which they are located. He noted that there have been concerns regarding a similar clinic at 509 Park Street and now there is this new clinic in close proximity to the entrance to the City. Daniella Hutuleac and Jesse Reeve, area residents, advised that since the clinic's opening they have experienced parking gridlock in their neighbourhood of Sheldon Avenue; as well as, littering and undesirable behaviour exhibited by clients to the clinic. Mr. Reeve expressed concerns regarding devaluation of their property and how that may be recouped, adding that no one in the surrounding area was notified of the intent to open the clinic in its present location and had he known he would not have purchased a home in the area. He further noted that the Park Street methadone clinic is to be closed for a substantial period of time for renovations and all clients of that establishment are also now attending the King Street clinic. In response to questions from Councillor D. Glenn-Graham, Mr. Reeve advised that a good portion of parked vehicles are taxis delivering and waiting for clients to the clinic and are illegally parking. He noted that the clinic operates 7 days a week and while there is a parking lot behind the clinic those coming are not using it. Mr. Reeve stated that they can confirm connection of littering to those attending the clinic through eye witness account. Ms. Hutuleac added that clients are lined up outside on the street because the facility cannot hold all of those attending and it was her understanding that the King Street facility has also extended their hours of operation due to the temporary closing of the Park Street clinic. She raised concerns of feeling unsafe alone in her home and suggested that adjacent businesses are also suffering, noting that some businesses have had to post signage to indicate no public washrooms are available and the Scotiabank has had to hire full time security. Ms. Hutuleac advised that they had not contacted the police but have spoken with By-law Enforcement staff. In response to Councillor Y. Fernandes, the delegation confirmed that the parked vehicles are idling for long periods of time. Suzanne and Robert Kohlmeier, area residents, raised similar concerns related to no notification being given that the clinic was to locate in its present location and that it has taken over the neighbourhood. Ms. Kholmeier stated that it has been difficult to navigate both as a pedestrian and a motorist living in the neighbourhood and advised that she had spoken with Waterloo Regional Police who were interested as they too were not told of the clinic. She commented that the behaviour exhibited by some clients to the clinic is not acceptable in the neighbourhood and asked for assistance in enforcement of by-laws to alleviate the issues of parking and other concerns raised. Ms. S. Adams advised that staff only became aware this date of the possible closing of the Park Street clinic for renovations, which is understood to take 6 to 8 weeks to complete. She advised that the City had a good relationship with the Co-ordinator of the Park Street clinic who has since left the facility. It was also noted that staff worked with the neighbourhood to build a good relationship with the clinic and have developed a strategy around the Park Street facility that has achieved results over time. Mr. S. Turner advised that By-law Enforcement staff also were not aware of the clinic until today and he was not aware of the nature of contact made by the first delegation but would follow up with them. He stated that staff will use their experience with the Park Street facility to help manage the new location. Mr. Turner noted that a partnership between City staff, area residents and contacts with the Park Street clinic was forged, and the location was monitored to encourage clients to behave in an acceptable manner. He suggested that similar issues are carrying over to the new location, noting that there is ample parking in the rear lot which can be PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES SEPTEMBER 12. 2011 - 63 - CITY OF KITCHENER 2. 1253 KING STREET EAST -ONTARIO ADDICTION TREATMENT CENTRES (OATC) (CONT'D) enforced and staff will also look at placement of garbage bins and bike racks, as well as address any pets being tied up outside the facility. Mr. Turner advised that staff will pursue opportunity to talk with the parties involved and do what can be done to manage the issues. Councillor B. loannidis questioned what type of zoning is typically needed to locate a clinic of this nature. Mr. A. Pinard advised that the new location is in a mixed use corridor with a variety of permitted uses, one of which is a health clinic & office use, under which the methadone clinic is permitted. He noted that the definition of a health clinic encompasses all types of treatments and does not distinguish methadone from any other type of treatments given. Councillor Z. Janecki questioned if the clinic is operated by the Province or privately. Mr. S. Turner advised that it is owned and operated by an independent company that receives funding from the Province. Councillor Etherington commented that based on conversation with the City's Solicitor it was his understanding the City cannot legally ask if a clinic intends to dispense methadone and therefore, has no way of finding out in advance. Councillor B. Vrbanovic questioned if unique zoning could be applied specifically to methadone clinics. Mr. Pinard advised that staff have no reason to ask when issuing an occupancy certificate and could be construed as being discriminatory if they did so; nor does the applicant have to disclose such information as long as they meet the definition under the Zoning By-law. In regard to unique zoning, Mr. Pinard advised that differentiating in such a way is referred to as "people" zoning which is regarded as a poor planning principle and is unlikely to withstand challenge. Mr. Pinard advised that the issue of zoning has not been investigated in this context and staff could undertake to do so with Legal staff but again cautioned that such zoning would be open to challenge. Councillor Vrbanovic questioned if there is opportunity to explore licensing of such facilities that would then require regular inspections. Mr. S. Turner advised that staff could investigate through this avenue; however, he was not aware of any particular licensing venue in place that could be applied. Councillor Vrbanovic suggested that this avenue should be pursued and a report brought back with a legal opinion. Councillor K. Galloway inquired if it is known whether the new clinic is intended to be a permanent location or only temporary until such time as the Park Street facility re-opens. Mr. Pinard advised that it is his understanding the intent is to operate the clinic as a permanent location. Mr. Greg O'Brien, Branch Manager, Scotia Bank, confirmed concerns raised by area residents, noting that he had to hire on-site security to alleviate concerns of safety for his staff and has had to have clients of the clinic removed from the Bank foyer. He stated that the current situation is not acceptable and he too was not told that the clinic was to locate in its present location. Mr. Dan Vandebelt, resident, advised that he has a long history of partnering to improve relations with the Park Street clinic and surrounding neighbourhood, and offered his service to participate in discussions concerning the new location as a link between the two experiences. He added that it is a matter of finding a balance between caring for the patients and the well being of the surrounding neighbourhood and businesses. A motion by Councillor F. Etherington was brought forward to request the Ontario Ministry of Health to provide basic, advance information that alerts a municipality when it is proposed to open a new methadone clinic in the community; and to request the support of other Ontario municipalities through the Association of Municipalities of Ontario, as well as, circulate the motion to the Premier of Ontario, Minister of Health and local MPPs. Councillor Etherington advised that it is also intended to meet with all interested parties to keep abreast of the issues concerning the King Street East location and City Planners will investigate best practices of other municipalities who have experienced similar situations. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES SEPTEMBER 12, 2011 - 64 - CITY OF KITCHENER 1253 KING STREET EAST -ONTARIO ADDICTION TREATMENT CENTRES (OATC) (CONT'D) Councillor D. Glenn-Graham commented that methadone clinics are needed in the community and gave assurances to the delegations that he and Councillor Etherington, as Ward Councillors, will work with the neighbourhood toward alleviating their concerns and to lobby the Province to take a more pro-active role. Councillor B. Vrbanovic also recognized the need for such clinics but agreed that a collaborative approach between the Province and municipalities is needed, in particularly, as there is the potential for added expenses to be incurred by the municipality associated with added by-law enforcement and policing in respect to the facility. ADJOURNMENT On motion, this meeting adjourned at 8:25 p.m Janet Billett Committee Administrator