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HomeMy WebLinkAbout2012-04-16PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES APRIL 16, 2012 CITY OF KITCHENER The Planning and Strategic Initiatives Committee met this date, commencing at 7:05 p. m. Present: Mayor C. Zehr -Chair Councillors K. Galloway, S. Davey, J. Gazzola, Y. Fernandes, F. Etherington and D. Glenn-Graham. Councillor P. Singh was in attendance for part of the meeting. Staff: D. Chapman, Deputy CAO, Finance & Corporate Services P. Houston, Deputy CAO, Infrastructure Services J. Willmer, Deputy CAO, Community Services S. Ross, Assistant City Solicitor A. Pinard, Director of Planning R. Regier, Executive Director, Economic Development S. Turner, Director of By-Law Enforcement L. Johnston, Director, Corporate Communications & Marketing C. Fletcher, Director, Facilities Management D. Ross, Manager, Development Review G. Hummel, Manager, Park Planning, Development & Operations K. Anderl, Senior Planner J. Billett, Committee Administrator Mayor C. Zehr 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 may not be 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-12-050 -ZONE CHANGE APPLICATION - ZC 12/01/U/KA - 82-92 UPPER MERCER STREET & 10-54 LOWER MERCER STREET - FUSION HOMES The Committee considered Community Services Department report CSD-12-050, dated March 16, 2012 recommending approval of Zone Change Application ZC 12/01/U/KA to remove Special Regulation 322R which serves to protect slope stabilization by invoking a 15m setback from the top of the slope, wherein it is prohibited to build any structures in the affected portion of rear yards; and replace the special regulation with new Special Regulation 603R having an adjusted boundary to reflect a 6m setback. Ms. K. Anderl advised that Fusion Homes had completed an updated engineering assessment, the findings of which recommend a reduction in the 15m setback to 6m. The findings of the study have been accepted by the Grand River Conservation Authority (GRCA) and the regulated area is now to be removed from 82 - 92 Upper Mercer Street and 10 - 24 Lower Mercer Street but will continue to apply to 28 - 54 Lower Mercer Street. Those properties remaining in the GRCA regulated area will be required to obtain permits from the GRCA for any grading changes and/or new structure/alterations proposed on their property. Ms. Anderl advised that property owners in general are happy with the increased usability of their properties; however, some remain concerned with impact to remaining portions of their rear yards and what affect it may have on property values. They have requested that consideration be given to a further reduction in the setback and/or financial compensation in the form a tax reduction. Ms. Anderl advised that the setback is based on a technical study that has defined the perimeter of stable slope and cannot be further reduced. It was further noted that property values are established by the Municipal Property Assessment Corporation (MPAC) and any concerns with property values should be addressed directly with the builder. She added that the restriction has existed on the subject lands since 2000 and warning clauses are included in the subdivision agreement registered on title to identify the restricted area and which requires the developer to install identification markers for the structural setback. Ms. Michele Kolodziejczak and Mr. Rene Girard, Fusion Homes, attended in support of the application and to answer any questions. In response to Councillor Fernandes, Ms. Kolodziejczak advised that Fusion Homes business acumen serves to promote a close PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES APRIL 16. 2012 - 26 - CITY OF KITCHENER 1. CSD-12-050 -ZONE CHANGE APPLICATION - ZC 12/01/U/KA - 82-92 UPPER MERCER STREET & 10-54 LOWER MERCER STREET - FUSION HOMES (CONT'D) relationship with their clientele and when it became known there was opportunity to revisit the engineering assessment, there was no question in pursuing same on behalf of the property owners concerned with the current structural restrictions. In regard to concerns raised regarding communications between the builder and property owners in respect to the restrictions, Ms. Kolodziejczak suggested that this was the result of the wholesale process, noting that there were grey areas that the City and the GRCA did not have information on and which resulted in numerous meetings over a long period of time to gain clarity. Ms. Kolodziejczak advised that the homeowners were kept abreast during this process which concluded in realization that the developer did not have all of the correct information. On motion by Councillor K. Galloway, the recommendation in report CSD-12-050 was brought forward for consideration to approve the requested zoning amendment. Councillor Fernandes advised that she had strong concerns with respect to the reduced setback and potential for encroachment by property owners that may have adverse effect to Idlewood Creek. She questioned the feasibility of imposing a condition that fencing be installed across the structural setback to ensure encroachment does not take place. Ms. Anderl advised that such condition is typically applied through the subdivision agreement, which is not open at this time having been registered on title for a number of years. Mr. S. Ross concurred that such a condition cannot be imposed through the zoning amendment process but suggested that this could be a consideration for future subdivision agreements if the subject lands are deemed worthy of protection. He added that it is his experience that the permit process, such as that applying in this instance, encourages compliance and strengthens enforcement through added inspections and monitoring. Councillor Fernandes referred to concerns raised by the Chief Building Official that indicates further clarification is needed in respect to the permit process and without known dimension of the restricted areas it will be difficult to evaluate a proposal for new and/or alterations to structures. Mayor Zehr agreed that the point raised is valid; however, he pointed out that the Committee must apply its consideration in the instance of this circumstance and asked staff if anything can be legally added as a condition to the zoning amendment. Mr. Ross stated that nothing could be added, advising that it would be very difficult to re-open a registered subdivision agreement. Mayor Zehr agreed that this is an issue that should be followed up on in respect to developing policy for future plans of subdivision. Councillor J. Gazzola questioned what rules are currently in place to address encroachments. Mr. A. Pinard advised that encroachments which contravene Zoning By-law regulations are enforced by the City on a complaint basis and GRCA regulated lands are similarly enforced by the Authority. On motion by Councillor K. Galloway - itwas resolved: "That Zone Change Application ZC12/01/U/KA for Fusion Homes, 82-92 Upper Mercer Street and 10-54 Lower Mercer Street, requesting a change from Residential Four Zone (R-4) and Residential Six Zone (R-6) with Special Regulation Provisions, Special Use Provisions and Property Detail Schedules to Residential Four Zone (R-4) and Residential Six Zone (R-6) with amended Special Regulation Provisions, Special Use Provisions, and amended Property Detail Schedules be approved in the form shown in the "Proposed By-law" dated March 19, 2012, attached to Community Services Department report CSD-12-050 as Appendix "A"." PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES APRIL 16, 2012 - 27 - CITY OF KITCHENER CSD-12-047 -OFFICIAL PLAN AMENDMENT OP11/03/K/KA - ZONING CHANGE APPLICATION ZC11/12/K/KA - 50 & 56 KENT AVENUE - MENNONITE CENTRAL COMMITTEE (ONTARIO) - WATERLOO REGION DISTRICT SCHOOL BOARD The Committee considered Community Services Department report CSD-12-047, dated March 19, 2012 recommending approval of Official Plan Amendment Application OP 11/03/K/KA and Zone Change Application ZC 11/12/K/KA to permit the existing range of uses in a new building to be constructed on the subject lands. Ms. K. Anderl advised that the applicant has entered into an Agreement of Purchase and Sale with the Waterloo Region District School Board for lands currently used for off-site parking by Cameron Heights Collegiate Institute. The purchase, together with adjacent lands at 56 Kent Avenue, is to be added to 50 Kent Avenue to provide for expansion of their current operations into a new facility. It was noted that the applicant has also applied for demolition of an existing single detached dwelling at 56 Kent Avenue to be considered this same date. Ms. Anderl advised that the subject lands are currently designated Community Institutional with Special Policy 3 in the Mill Courtland Woodside Park Secondary Plan, which permits institutional, residential, community services and social service uses. The same policy applies to 50 Kent Avenue, permitting offices, financial establishment, warehousing and accessory retail within the existing building. The applicant has applied to expand Special Policy Area 3 so that it applies to the whole of the subject lands and permits the same range of uses in a new building. The new building is proposed to be located 3m from the yard adjacent to the Iron Horse Trail Corridor, rather than the required rear yard setback of 7.5m. Staff is of the opinion this is an appropriate separation given configuration of the trail corridor which provides a buffer of approximately 11 to 13m between any building and the trail itself; as well as, a 25m separation between the new building and the rear yard of residential properties located along Stirling Avenue. It is proposed that a legal non-conforming financial establishment within the existing building be permitted to continue in the new building in conjunction with social service and other permitted uses in the proposed mixed use building. A reduction in parking spaces from 152 to 147 is also proposed and is to be supported through Transportation Demand Management measures. It was noted that the location is ideal to promote use of bicycles given close proximity to the Iron Horse Trail; as well as, in close proximity to existing and future transit /rapid transit routes. A holding provision is to be applied, as requested by the Region of Waterloo, to provide that prior to permitting any sensitive land uses such as residential, day care, religious and/or educational institutions, the applicant is required to complete an Environmental Noise Assessment to be approved by the Region and a Record of Site Condition is to be acknowledged by the Ministry of Environment. Ms. Anderl noted that the applicant is not currently proposing sensitive uses on the site and is in agreement with the condition being applied to their lands. Councillor F. Etherington raised concerns with respect to residential encroachments onto the School Board parking lot and was advised that the portion of parking area owned by the City is not part of this application. She added that there is little the City can become involved with in respect to potential loss of rear yard structures encroaching on the School Board parking lot and is a matter for the property owners to resolve with the Board. In respect to trees, Ms. Anderl advised that the number affected is dependent on the outcome of whether or not the rear yard lands will stay with the neighbouring properties or return to the developer. She pointed out that through the site plan process the developer is required to comply with the City's Tree Management Policy, during which trees will be evaluated to determine whether they should be saved or not, and the developer must ensure that any trees to be saved and/or vegetation in the trail corridor is protected during construction. Councillor Etherington also raised concerns with the number of parking spaces to be provided, suggesting the number is too high for what is proposed on the site. Ms. Anderl advised that the concept plan provides for the maximum number of spaces; however, the applicant is requesting a reduction in the number of spaces in part to address the issue of encroachments. She noted that if the encroached lands remain with the residents the maximum number of spaces will be less and through site development there may be others that need to be eliminated to accommodate on- site landscaping features. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES APRIL 16, 2012 - 28 - CITY OF KITCHENER CSD-12-047 -OFFICIAL PLAN AMENDMENT OP11/03/K/KA - ZONING CHANGE APPLICATION ZC11/12/K/KA - 50 & 56 KENT AVENUE - MENNONITE CENTRAL COMMITTEE (ONTARIO) - WATERLOO REGION DISTRICT SCHOOL BOARD (CONT'D) Councillor Y. Fernandes questioned if there is merit in residents concerns regarding their property values. Ms. Anderl advised that the area adjacent to the residential properties is currently used for parking and through site development the intent is to improve on the aesthetics of the parking area. Ms. Caroline Baker, GSP Group, responded to questions, advising that it is not intended to change the current operation on the subject lands but rather to allow expansion as they have outgrown their existing facility. Councillor Fernandes questioned the developer's willingness to work with the adjacent residents to maintain greenspace between homes and their business. Mr. B. Veitch, Mennonite Central Committee of Ontario (MCCO) advised that representatives of the School Board and the MCCO have spoken with the neighbouring residents to assure them that the intent is to make improvements to the parking area that will make them feel better about their own properties. On motion by Councillor F. Etherington - itwas resolved: "That Official Plan Amendment Application OP11/03/K/KA for Mennonite Central Committee at 50 and 56 Kent Avenue requesting a change in designation from Community Institutional with Special Policy 3 to Community Institutional with revised Special Policy 3 to permit offices, a financial establishment, warehousing and retail accessory to a social service establishment to be permitted in a new building on the parcel of land specified and illustrated as the 'Area of Amendment' on Schedule A, be adopted, in the form shown in the Official Plan Amendment attached to Community Services Department report CSD-12-047 as Appendix "B", and accordingly, forwarded to the Region of Waterloo for approval; and further, That Zone Change Application ZC11/12/K/KA Mennonite Central Committee at 50 and 56 Kent Avenue requesting a change from Community Institutional Zone (I-2) with Special Regulation Provisions 1R and Community Institutional Zone (I-2) with Special Regulation Provision 1R and Special Use Provision 154U to Community Institutional Zone (I-2) with Special Regulation Provisions 1R and 602R, Special Use Provision 154U, and Holding Provision 64H on the parcel of land specified and illustrated as the 'Subject Area' on Map No. 1, be approved in the form shown in the "Proposed By-law" dated March 9, 2012, attached to Community Services Department report CSD-12-047 as Appendix "A"." CSD-12-052 -DEMOLITION CONTROL APPLICATION DC 12/08/K/ATP - 56 KENT AVENUE - MENNONITE CENTRAL COMMITTEE (ONTARIO) The Committee considered Community Services Department report CSD-12-052, dated April 2, 2012 recommending approval of Demolition Control Application DC12/08/K/ATP to permit demolition of one single family dwelling at 56 Kent Avenue. The subject lands are to be consolidated with 50 Kent Avenue and redeveloped with a new 2 storey building to facilitate expansion of the current services provided by the Mennonite Central Committee of Ontario. On motion by Councillor F. Etherington - itwas resolved: "That Demolition Control Application DC12/08/K/ATP requesting permission to demolish one (1) single detached dwelling located at 56 Kent Avenue, owned by Mennonite Central Committee Ontario, be approved without conditions." PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES APRIL 16, 2012 - 29 - CITY OF KITCHENER 4. CSD-12-049 -ZONE CHANGE APPLICATION - ZC 12/05/N/KA - 405-409 NYBERG STREET - GRIFFIN, GROFF AND GROFF -BRAUN'S IS BICYCLES The Committee considered Community Services Department report CSD-12-049, dated March 12, 2012 recommending approval of Zone Change Application ZC 12/05/N/KA to add Special Use Provision 420U to permit a bicycle shop and other compatible uses. Ms. K. Anderl advised that the subject lands are currently designated Open Space in the Mill Courtland Woodside Park Secondary Plan which recognizes the lands are located within the Floodway portion of the Floodplain but contains existing buildings and uses. The proposed use is considered compatible with the surrounding land use designations, with no new dwelling units to be created and poses less risk to life and property in the event of flooding. It was noted that the Grand River Conservation Authority (GRCA) has given their consent to the proposed use. Mr. Bill Green, GSP Group, provided illustrations of the existing buildings on site and the parking area, commenting that the main obstacle for this property is meeting GRCA regulations. The property cannot be altered by fill or new structures built that would impede flood flow. The intent for the property is to make improvements to the existing building facade and parking area that will enhance the aesthetics of the property and streetscape. In response to questions, Mr. Green advised that the location of the subject property is considered ideal for the proposed use given close proximity to the Iron Horse Trail and focus will be on enhancing cycling on the trail. On motion by Councillor F. Etherington - itwas resolved: "That Zone Change Application ZC12/05/N/KA for Griffin, Groff and Groff at 405-409 Nyberg Street requesting a change from Existing Use Zone (E-1) to Existing Use Zone (E-1) with Special Use Provision 420U on the parcel of land specified and illustrated as the 'Subject Area' on Map No. 1, be approved in the form shown in the "Proposed By- law" dated March 12, 2012, attached to Community Services Department report CSD- 12-049 as Appendix "A"." INS-12-023 -VICTORIA PARK WASHROOMS The Committee considered Infrastructure Services Department report INS-12-023, dated April 16, 2012, recommending temporary measures to provide washroom facilities in Victoria Park during 2012-2013, including year round operation of seasonal washrooms and use of portable trailers for special events within the Commons area. It is also recommended that further investigation be undertaken through public consultation as to the need for additional or more permanent washrooms in the Park, with a report to come forward with findings and recommendations at a future date. Ms. P. Houston advised that the intent is to implement temporary measures for 2012 and potentially 2013 to allow opportunity for public consultation on options for a permanent washroom facility, including: continuation of the temporary solutions proposed if found to be successful; installation at 79 Joseph Street at an estimated cost of $167,000+HST; or a new facility, with the scope and budget of the project to be planned as part of the 10 Year Capital Forecast process. Ms. Houston added that observations of a full season of operation for the temporary solution proposed would be beneficial prior to commencing consultations to ascertain public response. Councillor P. Singh entered the meeting at this time. Councillor S. Davey questioned why no reference is made in the report in respect to the potential to establish a permanent single unisex washroom on the northeast side of the Victoria Park Boathouse, as requested in Council's resolution of March 5, 2012. Ms. C. Fletcher advised that it is intended that this option be part of the subsequent consultation. She added that to be fair to the tenant of the Boathouse staff felt it best to keep the City's needs separate from theirs as much as possible. Councillor Davey questioned if there is sufficient space at the PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES APRIL 16, 2012 - 30 - CITY OF KITCHENER INS-12-023 -VICTORIA PARK WASHROOMS (CONT'D Boathouse for a unisex washroom. Ms. Fletcher advised that there is not sufficient space without taking away the existing Boathouse washroom and to do so will cost more than the two temporary solutions proposed. Councillor Davey indicated that he was not supportive of going to public consultation prior to having context as to the feasibility of a single unisex washroom at the Boathouse. Mr. G. Hummel stated that to provide one unit it will require flipping both the mens and womens facilities to a location near the concession area. He indicated that timing is an issue given interior renovations are to start in November and control of a unisex washroom also has issues related to the City's responsibility to provide security and monitor activities inside the washroom. Mr. Hummel further noted that this option does not address future needs and needs for special events and while it may be a potential option the City is not in position to implement this option until the end of the year. He suggested, however, that staff could investigate for 2013 through the proposed consultation. Councillor Etherington raised concerns with the proposed location of the portable trailers in close proximity to the Queen Victoria statue. Mr. Hummel stated that while not a perfect solution it is intended to be temporary and staff must ensure that the exterior of the trailer meets heritage ideals. He added that the trailers to be used will be aesthetically more pleasing than the porta-pots currently used for special events. Councillor Etherington questioned the duration the trailers will be in place. Mr. Hummel stated that it was not intended that they be placed for the whole of the 4 month special events season but rather placement is to align with the schedule for special events wherein they may be in place from a range of 3 days to 2 weeks at a time. Mr. Hummel added that the sanitary connections for the trailer provide flexibility for the trailers to be easily connected or disconnected as needed. Councillor Etherington inquired if the proposed temporary solutions had been discussed with either the Victoria Park Working Group or Neighbourhood Association. Mr. Hummel advised that they had not had specific discussion in this regard but noted that the Working Group has in the past made clear their dislike of the porta-pots, whereas the proposed trailers will provide a higher quality temporary facility. He reiterated that in respect to permanent facilities consultation is necessary to determine the best location and type of facility that makes the most sense for the park. Councillor P. Singh raised similar concerns with the lack of information given in respect to the potential for a single unisex washroom at the Boathouse. Mr. Hummel advised that the intent is to come back at a future date with options for a permanent solution, noting that in meetings held to date indication has been given of expectation of a permanent facility near the trail. He stated that with the current construction in the area it is difficult to determine if this would be an appropriate location and reiterated that public consultation is needed to assist in determining an appropriate location, as well as to consider how best to address heritage ideals. Mr. Hummel advised that staff could not meet the target for a permanent solution at this time and have proposed a temporary solution, agreed to by the Boathouse tenant, until a report can be brought forward with options on a more permanent solution. Councillor Singh questioned if the costs for the temporary solution include renovations to the existing Boathouse washrooms. Mr. Hummel advised that the Boathouse washrooms are intended to remain operating as they are now and the costs related to the temporary solution is to install the required sanitary connection for the portable trailers. Councillor Singh inquired as to the timing for completion of the Boathouse renovations. Mr. Hummel advised that the tender is anticipated to go forward this week with completion of the work expected by the end of June. Ms. Houston clarified that the tender relates to outside work, whereas the work Mr. Hummel previously referred to relates to the interior of the Boathouse which is to be completed in the fall after the special events season concludes. Councillor Singh inquired as to the timing for the report to come back on potential permanent solutions. Mayor Zehr clarified that the issue of a permanent solution needs to be quantified through consultation and interior renovations to the Boathouse have to be completed firstly which will not be done until November but which provides time to address a more permanent solution. Councillor J. Gazzola requested clarification in respect to interim use of the Boathouse washrooms. Mayor Zehr advised that these will continue to be available for public use up to 7:00 p. m. at which time the Boathouse tenant will lock the exterior doors and look after the PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES APRIL 16. 2012 - 31 - CITY OF KITCHENER 5. INS-12-023 -VICTORIA PARK WASHROOMS (CONT'D facilities from inside his business during evening hours of operation. Mayor Zehr pointed out that the recommendation is two-fold, firstly to provide temporary solutions by extending use of seasonal washrooms to year round and by replacing the porta-pots with portable trailers. He suggested that a recommendation could be added to request that staff report back on the issue of the single unisex washroom at the Boathouse before the renovations are done inside the building. Councillor Gazzola questioned the need to change use of the porta-pots to trailers this year and Mayor Zehr pointed out that the trailers are more aesthetically pleasing and do not represent any additional costs. Ms. P. Houston suggested that the Committee could, if desired, proceed only with the first paragraph of the staff recommendation this date and leave the issue of further consultation until the report on permanent solutions is brought forward. On motion by Councillor J. Gazzola, the first paragraph of the staff recommendation in report INS-12-023 was brought forward for consideration to provide that staff implement Options 1 and 2 under "Potential Solutions" section of the report which includes year round operation of existing seasonal washrooms and use of portable trailers during special events within Victoria Park Commons. A motion by Councillor F. Etherington to defer consideration of this matter to the April 23, 2012 Council meeting to allow consultation with the Victoria Park Working Group and Victoria Park Neighbourhood Association, was voted on and Lost on a tie vote. A motion by Councillor S. Davey was brought forward for consideration to amend Councillor Gazzola's motion to provide that in addition to the temporary solutions proposed, operation of the washrooms at the Victoria Park Lake Boathouse continue as existing now with a closing time to be pre-determined (approximately 7:00 p.m.) and that staff report back on the option of having a permanent single unisex washroom on the northeast side of the Boathouse. Councillor K. Galloway requested that the proposed amendment include provision for various alternative options to come forward in conjunction with the proposed unisex washroom to allow comprehensive review of all potential options and then a decision as to the need for public consultation could be made at that time. Councillor Davey accepted Councillor Galloway's request as a friendly amendment. Councillor F. Etherington requested that the proposed amendment also include provision for the portable trailers to be disconnected and removed between special events. Councillor Davey suggested, and it was agreed to by Councillor Etherington, that feasibility of removal of the trailers would be at the discretion of staff. Councillor Davey then accepted Councillor Etherington's modified request as a friendly amendment. Mr. D. Chapman raised concerns that the timeline proposed may be untenable, noting that it now requires staff to insert their investigations into the design phase of the renovations for the interior of the Boathouse which the tenant is hoping to have completed in the fall; and in order for the Committee to consider all options prior to the renovations being done it would mean a report back by August which does not provide staff with a full season of operation of the temporary solutions for evaluation purposes. Mayor Zehr asked that prior to the April 23, 2012 Council meeting staff further define what the timeline would look like and substantiate any concerns they may have. Councillor Davey's amending motion was then voted on and Carried. On motion by Councillor J. Gazzola - itwas resolved: "That staff implement the solutions outlined in Options 1 & 2 of the "Potential Solutions for Washroom Access" section of Infrastructure Services Department report INS-12-023 for 2012-2013, to provide that existing seasonal washrooms will operate year round and portable trailers be installed during special events within Victoria Park Commons; and, PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES APRIL 16, 2012 - 32 - CITY OF KITCHENER INS-12-023 -VICTORIA PARK WASHROOMS (CONT'D1 That the public washrooms at the Victoria Park Lake Boathouse continue to operate as existing nowwith a closing time to be pre-determined (approximately 7:00 p.m.); and, That staff report back on the option of having a permanent unisex washroom on the northeast side of the Victoria Park Lake Boathouse, together with various alternative options that can be considered in a comprehensive manner, with determination as to the need for public consultation to be considered at that time; and further, That the portable trailers to be used in the Park during mid-June to mid-September be disconnected and removed between special events where feasible and at the discretion of staff." ADJOURNMENT On motion, this meeting adjourned at 8:40 p. m. Janet Billettt, AMCT Committee Administrator