HomeMy WebLinkAbout2011-11-28PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
NOVEMBER 28. 2011 CITY OF KITCHENER
The Planning and Strategic Initiatives Committee met this date, commencing at 7:25 p. m.
Present: Councillor Z. Janecki -Vice-Chair
Mayor C. Zehr, Councillors S. Davey, J. Gazzola, Y. Fernandes, K. Galloway, P. Singh,
B. loannidis, F. Etherington and D. Glenn-Graham.
Staff: J. Willmer, Deputy CAO, Community Services
A. Pinard, Director of Planning
S. Ross, Assistant City Solicitor
D. Ross, Manager of Development Review
S. Bassanese, Urban Designer
C. Goodeve, Committee Administrator
Prior to commencement, Councillor Z. Janecki 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-11-157 -ZONE CHANGE APPLICATION ZC11/07/C/GS
- 1180 COUNTRYSTONE DRIVE
-WILL-O HOMES (C.S.) INC.
- AND -
CSD-11-164 -DEMOLITION CONTROL APPLICATION DC11/18/C/MV
- 1180 COUNTRYSTONE DRIVE
-WILL-O HOMES (C.S.) INC.
The Committee considered Community Services Department report CSD-11-157, dated
November 10, 2011 recommending approval of Zone Change Application ZC11/07/C/GS to
permit a 29-unit, stacked townhouse multiple dwelling development at 1180 Countrystone
Drive. In addition, the Committee considered Community Services Department report CSD-
11-164, dated November 15, 2011 recommending the demolition of the existing single-
detached dwelling at 1180 Countrystone Drive to facilitate the construction of the proposed
new townhouse development. Ms. D. Ross reviewed both staff reports.
In response to questions, Ms. Ross advised that the subject property has a long deep lot with
comparatively small street frontage. She confirmed that the Applicant has requested two site-
specific zoning regulations for a reduced side and rear yard setbacks. She indicated that
Special Regulation Provisions would allow for a side yard setback of 1.5 metres and a rear
yard setback of 3.0 metres. She noted that the affected side yard is adjacent to an
undeveloped lot on Countrystone Drive and the rear yard is adjacent to Countrystone Park.
Mr. Hugh Handy, GSP Group, gave a presentation outlining the design for the proposed
stacked townhouse development at 1180 Countrystone Drive. He advised that the City has
limited land for development, and therefore needs to consider opportunities for infilling and
intensification. He stated that the proposal depicts a 29-unit townhouse development, with
three standard street fronting townhouses and thirteen stacked townhouses in three buildings.
He reviewed the draft site plan, stating that due to the shape of the parcel, a majority of the
new units will be located away from the street, with the proposed street fronting townhouses
offering a visual variety to the streetscape. He commented that the intensification of the
property from one single-detached dwelling on a large lot, to the proposed townhouses, meets
the intensification targets in the City's Official Plan. He noted that the final design of the site
and elevations of the buildings will be determined through the site plan process.
In response to questions, Mr. Handy advised that the location of the townhouses was
determined to take advantage of the park, and the grading allows for walkout lower units. He
stated that the proposed site plan was identified as the preferred design by Will-O Homes
(C.S.) Inc., and as such, no other alternatives have been examined. He confirmed that the
upper units have an advertised sale price of $230,000. to $250,000., and $150,000. for the
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
NOVEMBER 28. 2011 - 82 - CITY OF KITCHENER
1. CSD-11-157 -ZONE CHANGE APPLICATION ZC11/07/C/GS
- 1180 COUNTRYSTONE DRIVE
-WILL-O HOMES (C.S.) INC.
-AND-
CSD-11-164 -DEMOLITION CONTROL APPLICATION DC11/18/C/MV
- 1180 COUNTRYSTONE DRIVE
-WILL-O HOMES IC.S.1 INC. (CONT'D1
lower units. He advised that typically, condominiums prefer to have control over who has right
of entry to their property; accordingly, public park access has not been incorporated into the
design. He commented that this could be considered during the site plan approvals process;
otherwise, the park can be accessed further down Countrystone Drive. He indicated that the
proposed site plan provides passive amenity space at the rear of the property. He added that
the outdoor amenity features, including a gazebo and landscaping, are proposed in this
location to provide a visual element from Countrystone Drive. Mr. Handy responded further
that the proposed six foot high board-on-board fence, separating the parking lot from the
adjacent properties, is intended to limit light infiltration as well as some noise. He noted that
the location of the passive amenity space is also situated to act as a buffer between the
proposed buildings and the existing low rise single-detached dwellings on Iron Gate Street.
Mayor C. Zehr requested clarification regarding the amount of landscaped area proposed in
the site plan. Ms. Ross advised that zoning requirements prescribe only 20% landscaped
cover, and agreed to confirm the amount proposed as part of this development.
In response to questions regarding the proposed garbage pick-up on site, Mr. Kevin Smith,
Will-O Homes (C.S.) Inc., advised that a waste management company would undertake
weekly pick-ups. He added that garbage containers would be employed on site rather than the
large metal dumpsters. He noted that this would allow a smaller truck to be used for the
disposal and a specific loading area has been incorporated into the design to ensure the truck
has easy access to the garbage containers. Mr. Smith further advised that currently he has
erected construction fencing along the rear portion of the site, but indicated that he would be
willing to move it.
Mr. Chris Stanley, Area Resident, addressed the Committee in opposition to the proposed
townhouse development at 1180 Countrystone Drive. He spoke to the negative impact that
the proposed development would have on the surrounding neighbourhood, and expressed
concerns related to the Special Regulation Provisions being requested as part of the zone
change. He indicated that these demonstrate the inappropriate nature of the proposed
stacked townhouse development, which exceeds the limits of the requested Residential Six
(R6) zoning; thereby necessitating the Special Regulation Provisions. He cited additional
concerns related to the potential increase in traffic, which would adversely affect the
community's health and safety. He noted that over 100 people attended the informal public
meeting in opposition to the requested zone change. He commented that the proposed 29-unit
townhouse development is not the only option that could be considered for the site, suggesting
that the Committee reject the recommendation put forward in the staff report and ask the
Applicant to revise the proposal to something that would be more in keeping with the
surrounding neighbourhood.
In response to questions, Mr. Stanley acknowledged that eventually 1180 Countrystone Drive
would be re-developed; however, it does not need to be as large as what is being proposed.
He noted that the proposal pushes the limits of the requested zone change and is unsuitable
for that site. He advised that within the past year, single-detached homes in his
neighbourhood have sold for approximately $350,000., adding that the proposed development
could adversely affect property values in the area.
Mr. Evan Moriarity, Area Resident, gave a presentation in opposition to the proposed
townhouse development, indicating that it is not a reasonable use of these lands. He advised
that, in his opinion, the proposed development is not in keeping with the tenets of the
Provincial Places to Grow Act, noting the following reasons:
• does not reduce urban sprawl, as it is located approximately 6.4 kilometers from
Kitchener City Hall;
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
NOVEMBER 28, 2011 - 83 - CITY OF KITCHENER
CSD-11-157 -ZONE CHANGE APPLICATION ZC11/07/C/GS
- 1180 COUNTRYSTONE DRIVE
-WILL-O HOMES (C.S.) INC.
-AND-
CSD-11-164 -DEMOLITION CONTROL APPLICATION DC11/18/C/MV
- 1180 COUNTRYSTONE DRIVE
-WILL-O HOMES IC.S.1 INC. (CONT'D1
• does not contribute to the revitalization of Downtown Kitchener or the City of Waterloo's
Uptown core;
• does not focus on intensification in the identified intensification area, which is located
approximately 6.4 kilometers from the proposed development;
• does not provide convenient access to intra and/or inter-city transit; and,
• does not encourage the development of complete communities with a diverse mix of
land uses and housing types, given the area currently contains single-detached, semis
and townhouses.
Mr. Moriarity stated that he does not understand why the Applicant cannot build within the
confines set out by R6 zoning. He spoke in agreement with the comments made by Mr.
Stanley that 1180 Countrystone Drive would eventually be re-developed and suggested that
this should be in keeping with the context of the existing community. He requested that the
Committee decline the subject zone change application.
Clarification was requested regarding the interpretation of intensification under the Places to
Grow Act. Mr. A. Pinard commented that staff's analysis determined that the proposed
townhouse development does conform to Provincial legislation governing intensification. He
advised that the Provincial documents relevant to this matter are the Places to Grow Act,
Places to Grow Plan and the Provincial Policy Statement (PPS), which provides policy
direction related to land use planning and development. He indicated that these documents
promote intensification generally and the Places to Grow Plan directs enhanced intensification
in targeted areas; one of those areas, as shown in Mr. Moriarity's presentation is the City's
urban growth centre, otherwise known as the Downtown. He stated that the Places to Grow
Plan also directs municipalities to identify other areas of targeted intensification, which has
been done in Kitchener's Growth Management Strategy (KGMS); these being Mixed-Use
Corridors and nodes. He advised that while the Countrystone Drive area has not been
targeted for intensification, it does meet the criteria for areas to be considered for
intensification projects on a case-by-case basis. Mr. Pinard responded further that Kitchener's
entire built area is where the City needs to find opportunities to meet the Provincially mandated
40% intensification target. He noted that the targeted areas of focus are located within the
larger built area. He pointed out that the targeted areas alone are not sufficient to meet the
mandated intensification targets, so other opportunities for intensification, such as the subject
proposal, need to be found.
In response to questions, Mr. Moriarity indicated that while he could accept the change to R6
zoning, he was opposed to the proposed Special Regulation Provisions. He stated that if
those provisions were removed, in his estimation there would not be enough room to
accommodate the required number of parking spaces. Accordingly, the number of units would
have to be reduced to something more suitable to these lands. He suggested that
approximately 15-16 units would be fitting for the site, and would provide for greater density
than the existing single-detached home.
Ms. Ross advised that staff are unable to comment at this time as to the impact that removing
the Special Regulation Provisions would have on the site plan. She indicated that determining
the impact would take a re-design of the development, as a number of features would need to
be shifted. She stated that staff are supportive of the requested modifications to the required
setbacks to accommodate an enhanced landscape buffer between the proposed parking lot
and the adjacent existing low-rise developed properties. She added that the intent of the rear
yard setback is to allow for amenity space for residents as well as privacy and separation
between neighbouring properties. She stated that in this instance as the proposed
development would back onto a park, rather than other residential properties, staff were of the
opinion that it would be appropriate to allow the proposed reductions. She acknowledged that
the requested side yard setback reductions would impact the adjacent undeveloped lot on
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
NOVEMBER 28. 2011 - 84 - CITY OF KITCHENER
1. CSD-11-157 -ZONE CHANGE APPLICATION ZC11/07/C/GS
- 1180 COUNTRYSTONE DRIVE
-WILL-O HOMES (C.S.) INC.
-AND-
CSD-11-164 -DEMOLITION CONTROL APPLICATION DC11/18/C/MV
- 1180 COUNTRYSTONE DRIVE
-WILL-O HOMES IC.S.1 INC. (CONT'D1
Countrystone Drive. She advised that the existing Residential Four (R-4) zoning would allow
for the construction of semi-detached dwellings, which could be duplexed; thereby, allowing
the development of a maximum of four units.
Mr. Chuck Kruse, Area Resident, spoke in opposition to the proposed townhouse
development, citing concerns related to: an increase in traffic; reduction in property values;
incompatibility of townhouses with this community; emergency services site access; the
shadow cast by the stacked townhouses; and, the need for special provisions to accommodate
a development of this size in this location. He provided examples from the Towns of Milton
and Perth and outlined their requirements for the development of new dwellings in an existing
neighbourhood. He stated that in those municipalities, new developments are encouraged to
have a similar height, lot coverage and massing as adjacent dwellings. In addition, new
developments should maintain the predominance of the average setbacks of the surrounding
housing to preserve the streetscape, and be compatible with the architectural characteristics of
the adjacent residences. He commented that the proposed development at 1180
Countrystone Drive is contrary to what is found to be acceptable by other municipalities in
Ontario.
In response to questions, Mr. Kruse acknowledged that some form of development would
eventually occur at 1180 Countrystone Drive, but it is difficult to say what is fitting for the site.
He stated that whatever is proposed needs to provide better access for emergency services as
well as a better plan to accommodate traffic flowing in and out of the development.
Questions were raised regarding the shadow that might be cast by the proposed development.
Mr. S. Bassanese advised that the height of the proposed buildings makes them exempt from
a shadow impact study. He stated that shadow impact studies are typically applicable for
buildings that are 3-stories in height or taller. He added that the shadow that would be cast by
the proposed stacked townhouses would be the same as that cast by the neighbouring single-
detached houses, as its elevation would be similar to a 2-story home. Additional questions
were raised regarding the need for a snow deposition study and Mr. Bassanese advised that
those are usually undertaken in urban areas where a wind tunnel effect is caused by the larger
building form. He stated that in this scenario, there is not enough mass or height to create a
wind tunnel effect, thereby negating the need for a snow deposition study. He noted that as
there is limited room to store snow on site, it is his understanding that the Applicant intends to
have the snow removed to another location.
Clarification was requested regarding typical concentration of units for a townhouse complex
on this size of lot. Ms. Ross advised that while the proposed development would not be
considered out of the norm, there is not a definitive or average number of units per townhouse
development. Mr. Pinard added that several factors impact the number of units that can be
developed on a site; such as, the site's grade and shape. He stated that the flatter the site and
the more regular its shape, the greater the number of units that could be accommodated. He
concurred that the number of units proposed for 1180 Countrystone Drive does seem typical
for a site of this size and shape.
Ms. Gaetanne Kruse, Area Resident, expressed concern that the City does not accept
petitions due to their ambiguous nature, stating that this apprehension should be more clearly
indicated at the start of the public consultation process. She indicated that the existing R4
zoning does not provide for townhouses, and when people were purchasing their homes in this
area it was done in terms of that zoning. She spoke in disagreement with the City allowing the
Special Regulation Provisions to enable the development to proceed based on lesser
requirements than what is set out for R6 zoning. She requested that all reports and
background studies used in determining the acceptability of a zone change application be
published on the City's website, to enhance the transparency of that process. She also
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
NOVEMBER 28, 2011 - 85 - CITY OF KITCHENER
1. CSD-11-157 -ZONE CHANGE APPLICATION ZC11/07/C/GS
- 1180 COUNTRYSTONE DRIVE
-WILL-O HOMES (C.S.) INC.
-AND-
CSD-11-164 -DEMOLITION CONTROL APPLICATION DC11/18/C/MV
- 1180 COUNTRYSTONE DRIVE
-WILL-O HOMES IC.S.1 INC. (CONT'D1
encouraged the City to undertake the site plan approvals process concurrently with the zone
change application to allow for a better understanding of what is being proposed to be
developed.
Mr. Jason Kropf, Area Resident, addressed the Committee in opposition to the proposed
townhouse development at 1180 Countrystone Drive. He recognized that development would
inevitably occur on the subject property, but suggested that 29 units exceed what can be
reasonably accommodated on that site. He expressed concerns regarding the requested rear
and side yard setback adjustments, and the need for a barrier to be installed to mitigate the
impact of light and noise emanating from the townhouses. In addition, he suggested that there
does not seem to be an adequate plan in place to manage the amount of snow that would
accumulate on the subject property.
In response to questions, Mr. Kropf stated that he would be willing to see some sort of
compromised development on the site.
Councillor B. loannidis requested clarification related to several guidelines in the Urban Design
Manual which appear to differentiate from what is proposed in the draft site plan. Mr.
Bassanese acknowledged that some of the setbacks and separation distances do not exactly
align with the guidelines provided for in the Urban Design Manual. He indicated that those
guidelines are intended to allow for a certain degree of latitude when applied within the context
of a specific site. He stated that with respect to the adjustment to the deck setback, when
considering the context of the site, it was deemed acceptable given the proximity of the decks
to the park amenity. He noted that the guidelines are intended to be flexible and represent
what would be considered the optimal scenario for a site. Accordingly, when applying the
guidelines, staff considers how well a proposal fits with adjacent areas and the confines of a
site.
Mayor C. Zehr stated that while he is typically supportive of intensification projects, in his
opinion, the proposed development is not in keeping with the context of the neighbourhood.
He expressed concerns with the need to provide exemptions to accommodate the number of
units proposed for the site. He suggested that consideration of the subject zone change
application as well as the demolition permit for 1180 Countrystone Drive, should be deferred to
a future Committee meeting to allow time for the Applicant to meet with City staff and give
consideration to modifying the plan for the proposed stacked townhouse development.
Several members spoke in support of Mayor Zehr's proposed deferral, indicating that they
would prefer to see the plan revised by incorporating the change to R6 zoning without any
Special Regulation Provisions.
Ms. Ross confirmed that staff would ensure that residents are advised of any modifications that
will be brought forward when this matter is next considered by the Committee.
On motion by Mayor C. Zehr -
itwas resolved:
"That consideration of the recommendation contained in Community Services
Department report CSD-11-157 pertaining to Zone Change Application ZC11/07/C/GS
for 1180 Countrystone Drive, be deferred and referred to the January 30, 2012
Planning and Strategic Initiatives Committee meeting, to allow time for the applicant
to meet with City staff and give consideration to modifying the plan for the proposed
stacked townhouse multiple dwelling development, by incorporating the change to
Residential Six (R6) zoning without any Special Regulation Provisions:
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
NOVEMBER 28, 2011 - 86 - CITY OF KITCHENER
CSD-11-157 -ZONE CHANGE APPLICATION ZC11/07/C/GS
- 1180 COUNTRYSTONE DRIVE
-WILL-O HOMES (C.S.) INC.
-AND-
CSD-11-164 -DEMOLITION CONTROL APPLICATION DC11/18/C/MV
- 1180 COUNTRYSTONE DRIVE
-WILL-O HOMES IC.S.1 INC. (CONT'D1
`That Zone Change Application ZC11/07/C/GS for Will-O Homes (C.S.) Inc. at
1180 Countrystone Drive, for the purpose of changing the zoning from
Residential Four (R-4) to Residential Six (R-6) with Special Regulation Provision
598R and Special Regulation Provision 599R in the form shown in the "Proposed
By-law" dated October 26, 2011 attached to Community Services Department
report CSD-11-157 as Appendix "A", be approved."'
On motion by Mayor C. Zehr -
itwas resolved:
"That consideration of the recommendation contained in Community Services
Department report CSD-11-164 pertaining to Demolition Control Application
DC11/18/C/MV for 1180 Countrystone Drive, be deferred and referred to the January
30, 2012 Planning and Strategic Initiatives Committee meeting, pending a
determination being made on the zone change application submitted for the subject
property:
`That Demolition Control Application DC11/18/C/MV requesting permission to
demolish one (1) single-detached dwelling located at 1180 Countrystone Drive,
owned by Will-O Homes (C.S.) Inc., be approved subject to the following
condition:
That the Applicant obtains a building permit for the proposed residential dwelling
unit; and further,
That upon satisfaction of condition 1, the Chief Building Official may authorize
and issue a demolition permit under Section 33(6) of the Planning Act subject to
the following condition:
That in the event that construction of the new dwelling units are not
substantially complete within 2-years of the date of issuance of the
demolition permit, the City Clerk may enter on the collector's roll, to be
collected in like manner as municipal taxes, $20,000 for each dwelling unit
contained in the residential properties in respect of which the demolition
permit is issued and such sum shall, until the payment thereof, be a lien or
charge upon the land in respect of which the permit to demolish the
residential property is issued."'
ADJOURNMENT
On motion, this meeting adjourned at 9:25 p. m.
Colin Goodeve
Committee Administrator