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HomeMy WebLinkAbout2012-01-09PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JANUARY 9, 2012 CITY OF KITCHENER The Planning and Strategic Initiatives Committee met this date, commencing at 4:04 p. m. Present: Councillor B. Vrbanovic -Chair Mayor C. Zehr, Councillors S. Davey, J. Gazzola, Y. Fernandes, K. Galloway, P. Singh, B. loannidis, Z. Janecki and D. Glenn-Graham. Staff: C. Ladd, Chief Administrative Officer D. Chapman, Deputy CAO, Finance & Corporate Services J. Willmer, Deputy CAO, Community Services P. Houston, Deputy CAO, Infrastructure Services A. Pinard, Director of Planning D. Ross, Manager of Development Review K. Anderl, Senior Planner C. Goodeve, Committee Administrator CSD-12-004 -DEMOLITION CONTROL APPLICATION DC11/20/O/MV - 1290 OLD ZELLER DRIVE -VALLEY VIEW HEIGHTS (ST. JACOBS) LTD. The Committee considered Community Services Department report CSD-12-004, dated December 9, 2011 recommending approval of a Demolition Control Application for 1290 Old Zeller Drive to permit the construction of a proposed single-detached development through a future draft plan of subdivision. On motion, Councillor B. loannidis brought the recommendation contained in Report CSD-12- 004 forward for consideration. Several members expressed an interest in potentially retaining 1290 Old Zeller Drive and having it incorporated into the design of the future draft plan of subdivision. Ms. Ross advised that the subject property was included on the Heritage Kitchener Building Inventory, and as part of other planning applications for the area, a Heritage Impact Assessment (HIA) was completed. She stated that the HIA concluded that the property did not warrant designation under the Ontario Heritage Act, or listing on the City's Municipal Heritage Register (MHR). She added that these findings were reviewed and confirmed by Heritage Kitchener and Heritage Planning staff. She noted that incorporation of 1290 Old Zeller Drive into the future draft plan of subdivision would be at the discretion of the Applicant, as the City does not have the ability to require its preservation. In response to further questions, Mr. A. Pinard clarified that being included on the Heritage Kitchener Building Inventory does not afford any legislated protection to a building. Rather, it acts as a flag to staff to ensure that the property's heritage value is assessed as part of any redevelopment proposals for those lands. He advised that if Council decided to refuse the requested Demolition Control Application, this matter could be appealed to the Ontario Municipal Board (OMB). He confirmed that as City staff are recommending approval, outside counsel would need to be sought should this matter be appealed. He stated that when processing a Demolition Control Application, primary planning consideration is given to preserving the City's housing stock. He noted that in this regard, 1290 Old Zeller Drive is proposed to be replaced with 60 single-detached houses. A motion by Councillor D. Glenn-Graham was brought forward to defer consideration of Demolition Control Application DC11/20/O/MV to the January 16, 2012 Council meeting, to allow time for discussions with the Applicant as to the potential preservation and incorporation of 1290 Old Zeller Drive into the future draft plan of subdivision. On motion by Councillor D. Glenn-Graham - itwas resolved: "That consideration of the recommendation contained in Community Services Department report CSD-12-004 pertaining to Demolition Control Application DC11/20/O/MV for 1290 Old Zeller Drive, be deferred and referred to the January 16, 2012 Council meeting, to allow time for discussions with the Applicant regarding the potential to preserve and incorporate the subject property into the future draft plan of subdivision: PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JANUARY 9, 2012 - 2 - CITY OF KITCHENER CSD-12-004 -DEMOLITION CONTROL APPLICATION DC11/20/O/MV - 1290 OLD ZELLER DRIVE -VALLEY VIEW HEIGHTS (ST. JACOBS) LTD. (CONT'D) 'That Demolition Control Application DC11/20/O/M requesting permission to demolish one (1) single detached dwelling located at 1290 Old Zeller Drive, owned by Valley View Heights (St. Jacobs) Ltd., be approved, as outlined in Community Services Department report CSD-12-004."' The Chair then 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-12-002 -DRAFT PLAN OF SUBDIVISION - 30T-10202 - ZONE CHANGE APPLICATION ZC/10/08/Z/KA - OLD ZELLER DRIVE /FAIRWAY ROAD NORTH - ROCKWAY HOLDINGS LIMITED The Committee considered Community Services Department report CSD-12-002, dated January 3, 2012 recommending approval of a draft plan of subdivision and zone change application for lands located in the area of Old Zeller Drive and Fairway Road North. In addition, the Committee was in receipt of correspondence from Mr. Samuel Head, Dryden, Smith & Head Planning Consultants Ltd., dated January 4, 2012 questioning the need to repeal the Grand River South Community Plan as per the first clause of the recommendation contained in Report CSD-12-002. The Committee was also in receipt this date of a presentation prepared by Mr. Paul Puopolo and Ms. Odete Gomes, IBI Group on behalf of Rockway Holdings Ltd. and the Grand River Conservation Authority (GRCA) with respect to the development of the subject lands. Ms. K. Anderl reviewed the staff report, advising that the subject lands are approximately 42 hectares in size and located east of Old Zeller Drive and north of the Fairway Road North extension. She noted that the lands are owned by Rockway Holdings Ltd. as well as the GRCA. She stated that the proposed Grand River Flats subdivision would contain a range of residential dwelling types consisting of approximately 380 single detached dwellings, 131 street-fronting townhouses and 493 multiple dwellings, for a total of 1006 dwelling units. She indicated that the developable lands within the subdivision are located outside of the floodplain; however, the Stormwater Management (SWM) block is located within the floodplain lands. She added that the GRCA is satisfied with the location and design of the SWM pond, but will require a GRCA Permit to be obtained prior to grading. She noted that this property is vulnerable and sensitive to groundwater contamination; as such, the Region of Waterloo has requested that geothermal wells be prohibited as they could act as a transport pathway. Ms. Anderl further advised that in light of the correspondence received from Mr. Head, staff are proposing that the recommendation contained in Report CSD-12-002, be amended to remove the first clause pertaining to the Grand River South Community Plan. In response to questions, Ms. Anderl advised that a condition of approval is the inclusion of a warning clause on all Agreements of Purchase and Sale speaking to the prohibition on the use of geothermal systems. She added that the lands are located in proximity to one of the flight paths of the Waterloo Region International Airport. Accordingly, the Region has requested conditions including warning clauses and signage to inform purchasers of the proximity of airport lands. She confirmed that the developer would be required to maintain the warning signs until the subdivision has been completed. Mayor C. Zehr inquired into the location of commercial units within the draft plan of subdivision, as per the tenets of creating walkable complete communities. Ms. Anderl stated that while the inclusion of a commercial development was contemplated, due to limitations with regards to access it was not incorporated into the design of the draft plan of subdivision. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JANUARY 9. 2012 - 3 - CITY OF KITCHENER 2. CSD-12-002 -DRAFT PLAN OF SUBDIVISION - 30T-10202 - ZONE CHANGE APPLICATION ZC/10/08/Z/KA - OLD ZELLER DRIVE /FAIRWAY ROAD NORTH - ROCKWAY HOLDINGS LIMITED (CONT'D) Mr. P. Poupolo, IBI Group, reviewed the circulated presentation, indicating that his company represents both Rockway Holdings Ltd. and the GRCA. He spoke in support of the staff recommendation, advising that the subject lands are made up of two separate parcels, with approximately nine hectares being owned by the GRCA and the rest by Rockway Holdings Ltd. He stated that a land exchange is currently being undertaken, which will enable both parcels to be developed into the proposed Grand River Flats subdivision. He gave an overview of the proposed draft plan, which features a modified grid street system to establish connections to the neighbouring subdivisions and to adjacent collector and arterial roads. He added that six park areas have been provided for in the plan, which allows for both physical and visual access to the Grand River as well as providing logical trail connections. He indicated that they have no concerns with removing the first clause of the staff recommendation. In response to questions, Mr. Poupolo advised that there is approximately a three to four metre differential in the elevation from Fairway Road to the floodplain. He added that there are no erosion concerns given the relatively flat grade of the slope. He stated that currently the floodplain is owned by the GRCA; however, there have been ongoing discussions with respect to those lands being incorporated into the Walter Bean Trail. He confirmed that this would give the City total access to the Walter Bean Trail lands in that area. Several members expressed concerns that the proposed draft plan of subdivision does not include a provision for commercial development, contrary to the intentions of the City to strive for complete walkable communities. Mr. Poupolo advised that the inclusion of commercial development was considered as part of the draft plan of subdivision; however, a major limiting factor relates to access. He stated that due to the round-about at the intersection of Fairway Road and Zeller Drive, access is limited to only right-hand turns; thereby, removing the opportunity to develop the adjacent land blocks for commercial use. He added that the population and catchment areas were also examined and found to be inadequate to support a commercial development. He commented that if they had to redesign the subdivision, a commercial development would probably be incorporated somewhere in the centre of the plan. He reiterated that access and viability were seen as negating the potential for a commercial use within the subject lands. Mayor Zehr questioned if it would still be possible to incorporate some form of commercial development within the centre of the proposed draft plan. Mr. Poupolo stated that as it stands the middle blocks of the proposed subdivision would not appropriately support commercial development. He stated that, given the issues with respect to access, it is doubtful that anyone other than the residents of the proposed subdivision would make use of such a commercial site. He added that the projected population of the subdivision would be insufficient to enable a commercial development to be economically feasible. Councillor D. Glenn-Graham asked if consideration had been given to incorporating a retail element on the ground floor of one of the proposed mixed-use multi-residential blocks. Ms. Anderl advised that a retail element could be potentially incorporated into amixed-use site through the addition of a Special Use Provision. She indicated that Block 13, Stage 2 and Block 10, Stage 4 might be good candidates for a mix of commercial and residential uses. Mr. Poupolo suggested that the potential incorporation of the proposed Special Use Provisions could be examined over the next week, with findings being forwarded for consideration to the January 16, 2012 Council meeting. A motion by Councillor K. Galloway was brought forward to amend the recommendation contained in Report CSD-12-002 by removing the first clause and deferring consideration of the remainder of the recommendation to allow time for consideration to be given to the inclusion of commercial elements within the proposed plan of subdivision. On motion by Councillor K. Galloway - itwas resolved: PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JANUARY 9, 2012 - 4 - CITY OF KITCHENER CSD-12-002 -DRAFT PLAN OF SUBDIVISION - 30T-10202 - ZONE CHANGE APPLICATION ZC/10/08/Z/KA - OLD ZELLER DRIVE /FAIRWAY ROAD NORTH - ROCKWAY HOLDINGS LIMITED (CONT'D) "That consideration of the amended recommendation contained in Community Services Department report CSD-12-004 pertaining to Zone Change Application ZC 10/08/Z/KA and Plan of Subdivision Application 30T-10202, for Rockway Holdings Limited, be deferred and referred to the January 16, 2012 Council meeting, to allow time for consideration to be given to the inclusion of commercial elements within the proposed plan of subdivision: 'That Zone Change Application ZC 10/08/Z/KA for Rockway Holdings Limited for the purpose of changing the zoning from Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation Provision 107R, and from Hazard Land Zone (P-3) to Residential Three Zone (R-3), Residential Four Zone (R-4), Residential Six Zone (R-6), Public Park Zone (P-1) and Hazard Land Zone (P-3) with site specific special provisions be approved in the form shown in the "Proposed By-law" dated October 19, 2011 attached as Appendix 'B' to Community Services Department report CSD-12-002; 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 delegation By-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-10202 in the City of Kitchener, for Rockway Holdings Limited, subject to the conditions outlined in Report CSD-12- 002. "' ADJOURNMENT On motion, this meeting adjourned at 5:22 p. m. Colin Goodeve Committee Administrator