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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