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HomeMy WebLinkAbout2012-06-18PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JUNE 18, 2012 CITY OF KITCHENER The Planning and Strategic Initiatives Committee met this date, commencing at 7:10 p. m. Present: Councillor B. Vrbanovic -Chair Councillors K. Galloway, S. Davey, J. Gazzola, B. loannidis, Z. Janecki, Y. Fernandes and D. Glenn-Graham. Staff: J. Willmer, Chief Adminstrative Officer P. Houston, Deputy CAO, Infrastructure Services A. Pinard, Director of Planning R. Gosse, Director of Legislative Services J. Witmer, Director of Operations S. Ross, Assistant City Solicitor D. Ross, Manager, Development Review B. Sloan, Manager of Long Range Planning H. Holbrook, Senior Planner A. Pinnell, Senior Planner B. Bateman, Senior Planner D. Livingstone, Committee Administrator Prior to commencement, Councillor 8. Vrbanovic 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-12-091 -PLAN OF SUBDIVISION 30T-11203 - OFFICIAL PLAN AMENDMENT OP12/01/A/KA - ZONE CHANGE APPLICATION ZC11/11/K/KA - 1 ADAM STREET - 1841362 ONTARIO INC. Councillor P. Singh declared pecuniary interest as members of his family own property near the subject lands, and accordingly he did not take part in any discussion or voting regarding this matter. The Committee considered Community Services Department report CDS -12-091, dated June 5, 2012 recommending approval of a draft plan of subdivision, official plan amendment and zone change application for the lands located at 1 Adam Street, northwest of Louisa Street and St. Leger Street. Mr. A. Pinnell reviewed the staff report, advising that the subject lands are 6.24 hectares in size and had previously contained industrial uses that have since undergone Brownfield remediation. The proposed draft plan of subdivision consists of 958 medium density residential units consisting of a mix of townhouses and multiple dwellings. In addition, the Committee was in receipt of correspondence from Mr. Glenn Scheels, GSP Group, dated June 12, 2012 requesting a waiver of cash-in-lieu of parkland contribution. The combined parkland dedication of .12 hectares and cash-in-lieu contribution of $488,000 provides a permitted reduction to the formula of 5% or 1 ha/300 residential units. Mr. Pinnell indicated that although the applicants are asking for a full waiver of cash-in-lieu of parkland, staff is in favour of the recommended reduction detailed in the report. In response to questions, Mr. A. Pinnell indicated that full municipal standards are not met currently with regard to streetscape on St. Leger Street and that the applicants have made a request not to implement improvements for the full frontage on St. Leger Street; however, this request is not supported by staff. Mr. Pinnell further elaborated that the staff is expecting the developer to improve the length of frontage along St. Leger Street and Louisa Street and to bring St. Leger Street to a full urban cross-section in accordance with the streetscape Plan. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JUNE 18, 2012 - 48 - CITY OF KITCHENER 1. CSD-12-091 -PLAN OF SUBDIVISION 30T-11203 - OFFICIAL PLAN AMENDMENT OP12/01/A/KA - ZONE CHANGE APPLICATION ZC11/11/K/KA - 1 ADAM STREET - 1841362 ONTARIO INC. (CONT'D) Councillor Y. Fernandes expressed concerns with a wind tunnel effect being created between the multi-storey buildings located in Block 9 and shadowing of phases 4 through 7 of the development. Mr. Pinnell indicated that a wind study had not been completed and pointed out the phasing order of the project. Mr. Pinnell responded to questions regarding the green space in the development and discussion ensued. The southern portion of the green space is to be dedicated to the City and form part of the contribution of parkland combined with cash-in-lieu; the northern portion is to be retained in ownership by the condo corporation. Councillor Gazzola inquired as to the formula for determining the reduction in parkland dedication. Mr. Pinnell pointed out that parkland can be reduced through a number of ways under the Planning Act. The .15ha/300 units have been determined by staff when considering the cost of the site remediation. Mr. G. Scheels, representing the developer, attended in support of the application and presented an overview of the plan of subdivision. He then introduced members of the development team including Mr. Bruno Suppa from Queensgate Development and Mr. Jim Mallett from Paradigm Transportation. Mr. Scheels made reference to the letter of requesting a waiver of cash-in-lieu of parkland with attention to the following reasons for the request: • Significant park space to be developed with construction costs for the northern (private) park space at $1million and the public park space over $100,000; • Parks Master Plan promotes small urban parks; • Total site Brownfield remediation cost of approximately $9 million; • Requirement for developer to pay development charges to the City in the amount of $2.8 million, the Region of Waterloo $6.9 million, and School board $1.4 million. Mr. Scheels responded to questions about the progress of the project by indicating that site rehabilitation is completed. The application process for obtaining Records of Site Condition from the Ministry of the Environment is underway. Councillor Z. Janecki inquired about the lot size reduction, particularly the request for no maximum in lot coverage noting that the building footprint would be 55% of lot space. Mr. Scheels responded that the series of reductions facilitate urban construction. With regard to patio space, all street townhouses will have patio space, and all apartments will have a balcony or space for wooden decks. Mr. Scheels further responded to concerns indicating that there will be no offsite parking requirements. Concern was expressed regarding the high number of units and density of approximately 2000 residents. Mr. Scheels responded that the numbers from the concept plans would indicate that the Floor Space Ratio (FSR) of 2.0 is in line with the current zoning of the site and policies in the Official Plan. Councillor J. Gazzola inquired as to whether the developer has applied for an exemption for development charges. Mr. Scheels responded that as the development is not located within the downtown core, there is a reduced rate but the development is not eligible for an exemption. Councillor Gazzola also asked if a regional exemption was applied for given that this was a Brownfield remediation. Mr. A. Pinard confirmed that the Brownfield development may be eligible for an exemption from Region of Waterloo development charges. Mr. Suppa confirmed that it is possible that 7 million in Regional Development Charges could be waived. Councillor Galloway expressed concern regarding the impact the development would have on transportation. Mr. Scheels referred to the Traffic Impact Study that was completed and indicated that the development meets the objectives of the study. He added that the developers are also working with the Grand River CarShare. He then introduced Mr. Jim Mallet from Paradigm Transportation who completed the study. Mr. Mallet responded to Councillor Galloway's concerns by indicating that in his experience, the number of trips anticipated at 500 in/out of the property per day for 900 units, is reasonable. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JUNE 18, 2012 - 49 - CITY OF KITCHENER CSD-12-091 -PLAN OF SUBDIVISION 30T-11203 - OFFICIAL PLAN AMENDMENT OP12/01/A/KA - ZONE CHANGE APPLICATION ZC11/11/K/KA - 1 ADAM STREET - 1841362 ONTARIO INC. (CONT'D) In response to questions, Mr. Scheels noted that the City had indicated during the application process that maintenance cost of the northern portion of the park is prohibitive and therefore, dedication of the northern portion would not be included. It was asked repeatedly for confirmation that although private ownership would be retained, public use would be permitted. Mr. J. Witmer pointed out that the City level of service in maintenance of the southern park would not be equal to that provided by the private condo corporation. Councillor Vrbanovic suggested a partnership could be formed to maintain both the north and south parks by the condo corporation. Mr. Scheels indicated that this type of partnership could be considered. Ms. Julie Driver, area resident, appeared in support of the development. She indicated that she appreciates the transitional heights of the buildings and is happy that her earlier comments with regard to the elevations were taken in to consideration. A discussion surrounding the opportunity for the private company to provide maintenance services on the park dedicated to the City in exchange for cash-in-lieu waiver took place. Councillor S. Davey inquired as to LEED Gold certification and whether the City could legally oblige the developer to obtain certification if the fee waiver was granted. Mr. S. Ross responded that it is legally difficult to do and that there are further opportunities and programs available through the City in order to assist with moving this project forward. Mr. A. Pinard further noted that there is no enabling provision in the Planning Act to give incentives to developers and that the City does not have bonussing features in the Official Plan. He indicated that the City's Community Improvement Plan (CIP) has an incentive for LEED housing construction but not for parkland. Councillor Vrbanovic commented that it would be worthwhile for Mr. Witmer to examine opportunities for operational partnership and although it may not be tied to LEED certification; other operational partnerships should be examined. Councillor D. Glenn-Graham suggested that this matter be deferred to allow time for staff to explore the possibility of tying a parkland dedication exemption to achievement of LEED Gold certification for the proposed subdivision, and to examine possible operational partnerships and prepare a cost analysis for maintenance of the public park block identified as Block 10 on the proposed subdivision. On motion by Councillor S. Davey - itwas resolved: "That consideration of the recommendation contained in Community Services Department report CSD-12-091 pertaining to 1 Adam Street, be referred to the June 25, 2012 Council meeting, to allow staff time to explore the possibility of tying a parkland dedication exemption to achievement of LEED Gold certification for the proposed subdivision, and to examine possible operational partnerships and prepare a cost analysis for maintenance of the public park block identified as Block 10 on the proposed subdivision: "That Official Plan Amendment Application OP12/01/A/KA (1841362 Ontario Inc., 1 Adam Street) requesting a change to Policy 3.11.9. be adopted, in the form shown in the Official Plan Amendment attached to Community Services Department report CSD-12-091 as Appendix "B", and accordingly forwarded to the Region of Waterloo for approval; and, That Zone Change Application ZC11/11/A/KA (1841362 Ontario Inc., 1 Adam Street) for the purpose of changing the zoning from Community Institutional Zone (I-2), Residential Four Zone (R-4), Residential Six Zone (R-6), and Residential Eight Zone (R-8) with site specific provisions to Public Park Zone (P-1 ), Residential Six Zone (R-6) and Residential Eight Zone (R-8) with site specific provisions be approved in the form shown in the "Proposed By-law" dated May 15, 2012 attached to Report CSD-12-091 as Appendix "C"; and, PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JUNE 18, 2012 - 50 - CITY OF KITCHENER 1. CSD-12-091 -PLAN OF SUBDIVISION 30T-11203 - OFFICIAL PLAN AMENDMENT OP12/01/A/KA - ZONE CHANGE APPLICATION ZC11/11/K/KA - 1 ADAM STREET - 1841362 ONTARIO INC. (CONT'D) That the Urban Design Brief, dated May 25, 2012 prepared by GSP Group, for 1 Adam Street, and attached to Report CSD-12-091 as Appendix "F", be adopted; and, That an exemption to Parkland Dedication Policy I-1074 to permit parkland to be dedicated at a rate of 0.15ha/300 residential units, as a combination of land and cash-in-lieu of land, rather than either 1 ha/300 residential units or 5% of the land or 5% of the value of the land, be granted; 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-11203 in the City of Kitchener, for 1841362 Ontario Inc., subject to the conditions detailed in Report CSD-12- 091." CSD-12-096 - FISCHER HALLMAN RD MIXED USE CORRIDOR URBAN DESIGN BRIEF - AMENDMENT TO THE URBAN DESIGN MANUAL The Committee considered Community Services Department report CSD-12-096, dated June 7, 2012 recommending approval of the corridor specific design guidelines for the Fischer Hallman Road Mixed Use Corridor in the form of the "Fisher Hallman Road Mixed Use Corridor Design Brief". In addition, the Committee was in receipt of a letter dated June 18, 2012 from Melissa Campbell, Zelinka Priamo, Planning Consultants for 1271395 Ontario Limited, regarding the choice of wording used in the "Fisher Hallman Road Mixed Use Corridor Design Brief". Ms. Heather Holbrook presented the staff report advising that approval of the staff recommendation would move the process forward with presentation of the Brief to Regional Council for use in the Regional Road Environmental Assessment process for Fisher Hallman Road south of Bleams Road. Once approved, staff can complete an analysis for future financial implications. In answer to questions, Ms. Holbrook confirmed that the Urban Design Manual provides guidance for cycling amenities; however, the design is completed at the Regional level. Ms. Holbrook further confirmed that the Region of Waterloo has designated Fisher Hallman Road in the Regional Cycling Masterplan. Councillor K. Galloway suggested increasing accessibility awareness through tactile surfaces in the Landscaping and Site Furnishing Zone Guidelines (pg 4, Part B -Design Manual). Ms. Holbrook confirmed that the Urban Design Manual is in line with provincial legislation. Councillor Galloway suggested inserting a sentence indicating the manual is in compliance with legislation. Councillor Fernandes expressed concern with the amount of concrete illustrated in the Urban Design Brief and inquired as to whether there was a process to ensure longevity of street trees. Ms. Holbrook responded that there are standards for street trees in another section in the design manual. Ms. Campbell was in attendance in support of the Urban Design Brief document with appropriate wording changes. Ms. H. Holbrook, Senior Planner (Urban Design), advised she had met with Ms. Campbell and a revised staff recommendation was distributed to Committee members. Ms. Campbell affirmed to the Committee that she has no further concerns with the document. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JUNE 18, 2012 - 51 - CITY OF KITCHENER CSD-12-096 - FISCHER HALLMAN RD MIXED USE CORRIDOR URBAN DESIGN BRIEF - AMENDMENT TO THE URBAN DESIGN MANUAL (CONT'D) On motion by Councillor K. Galloway, the revised staff recommendation contained in report CSD-12-096 was brought forward for consideration to approve proposed amendments to the Fisher Hallman Road Urban Design Brief. Councillor Galloway congratulated staff for the "in- house" work completed on the Design Brief. On motion by Councillor K. Galloway - itwas resolved: "That the City-initiated amendment to Part B of the Urban Design Manual for the purpose of establishing corridor-specific design guidelines for the Fischer Hallman Road Mixed Use Corridor, be approved, in the form shown in the attached "Fischer Hallman Road Mixed Use Corridor Design Brief' attached as Appendix A to Community Services Department report CSD-12-096, with amendment to the following wording on page 7 of the Urban Design Brief: a. The first bullet under "Building Facades" - Commercial/Mixed Use Streetscape be replaced with "Encourage regular building openings for all facades addressing a street"; b. The second bullet under "Parking Location" be replaced with "Surface parking lots should not be permitted in the front yard or yard abutting a street and may be further regulated through the zoning; and, That minor revisions to the Urban Design Manual be approved, as attached in Appendix B to Report CSD-12-096 and that pagination be adjusted accordingly; and, That the Fischer Hallman Road Mixed Use Corridor Design Brief be presented to Regional Council for use in the Region of Waterloo Road Environmental Assessment process for Fischer Hallman Road south of Bleams Road; and further, That staff conduct a financial implications analysis of enhanced streetscape options for Fischer Hallman Road design improvements (through the Rosenberg Community) and report back to a future Planning & Strategic Initiatives Committee meeting prior to any financial commitments over and above the baseline capital and operating budgets." CSD-12-090 -ZONE CHANGE APPLICATION ZC 12/04/B/AP - 439 BRIDGEPORT ROAD -DAVID JULIEN AND CSD-12-100 -DEMOLITION CONTROL APPLICATION DC 12/04/B/AP - 439 BRIDGEPORT ROAD -WILL-O-HOMES (C.S.) INC. The Committee considered Community Services Department report CSD-12-090, dated May 17, 2012 recommending approval of the zone change application for 439 Bridgeport Road in order to accommodate the future construction of three semi-detached dwellings with frontage on Leander Place. In addition, the Committee considered Community Services Department report CSD-12-100, dated June 6, 2012 recommending approval of a Demolition Control Application for one single storey detached dwelling located at 439 Bridgeport Road. Mr. A. Pinnell reviewed both staff reports confirming that comments were received from six residents and all were addressed. In answer to questions regarding the special zoning provisions, Mr. A. Pinnell, indicated that noise attenuation requirements are being met with a noise barrier of 2.25m in height to be located 6m from the Bridgeport Road right-of-way. He further elaborated that the requirements for noise mitigation measures in semi-detached homes are being met through installation of forced air ducting and central air conditioning systems. In response to concerns about the applicant's intention to duplex the property, Mr. Pinnell indicated there is a special zoning provision not to duplex. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JUNE 18, 2012 - 52 - CITY OF KITCHENER CSD-12-090 -ZONE CHANGE APPLICATION ZC 12/04/B/AP - 439 BRIDGEPORT ROAD -DAVID JULIEN AND CSD-12-100 -DEMOLITION CONTROL APPLICATION DC 12/04/B/AP - 439 BRIDGEPORT ROAD -WILL-O-HOMES (C.S.1 INC. (CONT'D1 Mr. A. Pinnell addressed concerns regarding visibility stating that Transportation Services have reviewed the proposal and have confirmed that the daylight triangle is satisfactory when turning from Bridgeport Road on to Leander Place. Mr. Pinnell also pointed out that the 10.5m height restriction in the R-4 zone allows for three storey homes and does not impede visibility. Ms. K. Murphy, GSP Group, attended in support of the staff recommendation. In response to concern expressed about privacy between Unit 6 and the adjacent property, Ms. Murphy indicated that the developer would erect a privacy fence. Mr. Pinnell clarified that there is 2.44 metres between the existing house and Unit 6 of the proposal. Ms. D. Ross confirmed that the privacy fence would be eight feet in height. On motion by Councillor S. Davey the staff recommendations contained within reports CSD- 12-090 and CSD-12-100 were brought forward for consideration noting that balancing sustainable growth and the concerns of the residents can create a difficult process but congratulated the developer for being forthcoming with comprise. On motion by Councillor S. Davey - itwas resolved: "That Zone Change Application ZC12/04/B/AP (David Julien, 439 Bridgeport Road), for the purpose of changing the zoning from Residential Three Zone (R-3) to Residential Four Zone (R-4) with Special Regulation Provision 629R, in the form shown in the "Proposed By-law" dated May 10, 2012, attached to Community Services Department report CSD-12-090 as Appendix "A", be approved." On motion by Councillor S. Davey - itwas resolved: "That Demolition Control Application DC12/04/B/AP requesting permission to demolish one single detached dwelling, municipally addressed as 439 Bridgeport Road, owned by Will-O Homes (C.S.) Inc., be approved, subject to the following condition: That Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the semi-detached dwelling is not substantially complete within 2-years of the date of issuance of the demolition permit, the 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." CSD-12-076 -ZONE CHANGE APPLICATION ZC 11/10/0/66 - PLAN OF SUBDIVISION 30T-11202 - 324 OLD HURON ROAD -BILL BOEHNKE LTD. The Committee considered Community Services Department report CSD-12-076, dated May 11, 2012 recommending: approval of zone change application; approval of a draft plan of subdivision; to proceed with a Notice of Intention to designate the property located at 324 Old Huron Road; and, an amendment to the Brigadoon Community Plan to allow low density residential and a community park. Mr. Brian Bateman provided an overview of the report. The subject lands are 6.4 ha in size and are characterized by agricultural land, a stone residential cottage and wood barn, natural open PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JUNE 18. 2012 - 53 - CITY OF KITCHENER 4. CSD-12-076 -ZONE CHANGE APPLICATION ZC 11/10/0/66 - PLAN OF SUBDIVISION 30T-11202 - 324 OLD HURON ROAD -BILL BOEHNKE LTD. (CONT'D) space as well as provincially significant wetland. The subdivision is located at 324 Old Huron Road in the Brigadoon Community and will complete the remaining section of Templewood Drive to Old Huron Road. It is proposed to consist of 33 single detached, 18 semi-detached and 21 townhouse units for a total of 71 residential units. Mr. Bateman indicated that the stone cottage would be conserved on a new lot (Lot 7) with a lot size of half an acre. He further noted that a Heritage Impact Assessment of the stone cottage has been completed and criteria for designation under Part IV of the Ontario Heritage Act have been met. Accordingly, a Notice of Intention to designate under Part IV of the Heritage Act is part of the recommendation. In addition, to address the concerns raised by Heritage Kitchener regarding unobstructed public view of the cottage, a new perspective view has been created. Mr. Ian Rawlings, IBI Group, representing the applicant, attended in support of the staff recommendation and advised that the proposal meets the requirements of the Provincial Policy Statements, Regional Official Plan, City Official Plan and Brigadoon Community Plan and cultural heritage considerations. In response to questions about proximate development to Strasburg Creek, Mr. Rawlings indicated that an Environmental Study has been completed and accepted. The Provincial regulations, distance to flood plain and stable slopes are all in compliance. He further noted that relocation of bats and snakes prior to demolition of the barn may be necessary. On motion by Councillor K. Galloway, the staff recommendation contained in report CSD-12- 076 was brought forward for consideration. A motion by Councillor Y. Fernandes was brought forward for consideration to amend Councillor Galloway's motion by by removing Lot 8, thereby reducing the number of units to 71 from 72, in the draft plan of subdivision in order to increase street exposure and preserve cultural heritage of the stone cottage. Councillors indicated that the question of cultural heritage preservation of the stone cottage has been vetted through many times and did not see a reason to amend the motion and remove Lot 8 from the proposed plan of subdivision. Councillor Y. Fernandes' motion to amend the main motion was then voted on and LOST on a recorded vote, with Councillor Fernandes voting in favour; and Councillors D. Glenn-Graham, B. loannidis, Z. Janecki, J. Gazzola, K. Galloway, S. Davey, B. Vrbanovic and P. Singh voting in opposition. Mayor C. Zehr and Councillor F. Etherington were absent this date and accordingly did not vote. The following motion was then voted on by a recorded vote and CARRIED with Councillors D. Glenn-Graham, B. loannidis, Z. Janecki, J. Gazzola, K. Galloway, S. Davey, B. Vrbanovic and P. Singh voting in favour; and Councillor Fernandes voting in opposition. On motion by Councillor K. Galloway - itwas resolved: "That Zone Change Application ZC11/10/O/BB (Bill Boehnke Limited, 324 Old Huron Road) requesting a change in zoning from Agricultural Zone (A-1) to Residential Six Zone (R-6), Residential Four Zone (R-4), Residential Four Zone (R-4) with special regulation provision 628R, Open Space Zone (P-2) and Hazard Land Zone (P-3) be approved in the form shown in the "Proposed By-law" dated May 10, 2012, attached to Community and Infrastructure Services Department report CSD-12-076 as Appendix B; and, That the Brigadoon Community Plan be amended to change the land use from Low Density Residential to Neighbourhood Park and to add a Local Road as shown on the attached Map 1 -Land Use Plan (Appendix C); and, PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JUNE 18, 2012 - 54 - CITY OF KITCHENER 4. CSD-12-076 -ZONE CHANGE APPLICATION ZC 11/10/0/66 - PLAN OF SUBDIVISION 30T-11202 - 324 OLD HURON ROAD -BILL BOEHNKE LTD. (CONT'D) That the Clerk proceed to publish the Notice of Intention to designate the property known as 324 Old Huron Road, pursuant to Section 29 of the Ontario Heritage Act; 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-11202, in the City of Kitchener, for Bill Boehnke Limited, subject to the conditions outlined in Report CSD-12-076." ADJOURNMENT On motion, this meeting adjourned at 10:10 p. m. Daphne Livingstone Committee Administrator