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HomeMy WebLinkAbout2012-09-10PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES SEPTEMBER 10, 2012 CITY OF KITCHENER The Planning and Strategic Initiatives Committee met this date, commencing at 7:05 p. m. Present: Councillor Z. Janecki -Vice-Chair Mayor C. Zehr and Councillors K. Galloway, S. Davey, J. Gazzola, D. Glenn-Graham Y. Fernandes, B. loannidis, and P. Singh. Staff: J. Willmer, Chief Administrative Officer M. May, Deputy CAO, Community Services R. Gosse, Director of Legislated Services & City Clerk A. Pinard, Director of Planning S. Ross, Assistant City Solicitor D. Ross, Manager, Development Review G. Stevenson, Planner D. Livingstone, Committee Administrator INS-12-074 -SOUTHWEST OPTIMIST PARK SKATEPARK LOCATION This matter was previously considered at the Community and Infrastructure Services Committee meeting held earlier this date. At which time, that Committee approved the recommendation contained in Infrastructure Services Department report INS-12-074 to defer consideration of locating a skatepark at Southwest Optimist Park to allow time for further dialogue with the Optimist Club. It was noted that the recommendation arising from the Community and Infrastructure Services Committee meeting would be considered at the September 17, 2012 Council meeting. Mr. Joe St. John, President of the Southwest Optimist Club, addressed the Committee regarding the proposed skatepark. Mr. St. John indicated he had met with City staff on three occasions regarding this issue and expressed concern with the possibility of vandalism if the skatepark was located in close proximity to the Clubhouse. He noted that past vandalism included a fire resulting in repair costs to the Optimist Club, which the Club could not afford should a similar incident occur in the future. In response to questions, it was confirmed that Figure `A' in Report INS-12-074 illustrates the location suggested by Mr. St. John as preferable. Councillor Y. Fernandes requested that additional details regarding the various skatepark options be provided to Council at the meeting of September 17, 2012. Councillor Z. Janecki 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-12-111 -ZONE CHANGE APPLICATION -ZC 12/010/W/GS - 60 WASHBURN DRIVE - ISLAMIC HUMANITARIAN SERVICE The Committee considered Community Services Department report CDS-12-111, dated August 24, 2012 recommending refusal of Zone Change Application ZC 12/010/W/GS, which was seeking a special zoning regulation to allow a religious institution to occupy 100% of the gross floor area of a future building in a (B-2) Restricted Business Park Zone. Mr. G. Stevenson presented the report, advising the subject property is located within the Huron Business Park. He stated that under the current zoning regulations, a religious institution shall only be located within a building used for other permitted B-2 uses and shall not exceed 25% of the gross floor area. He added that the Provincial Policy Statement (PPS) defines an Employment Area as those areas designated in an official plan for clusters of business and economic activities including but not limited to manufacturing, warehousing, offices and associated retail and ancillary facilities. He advised that institutional uses, such as the one being proposed, are not contemplated in that definition; and, therefore Planning staff PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES SEPTEMBER 10, 2012 - 63 - CITY OF KITCHENER CSD-12-111 -ZONE CHANGE APPLICATION -ZC 12/010/W/GS - 60 WASHBURN DRIVE - ISLAMIC HUMANITARIAN SERVICE (CONT'D) are of the opinion that a religious institution is not an appropriate use within an Employment Area. Mr. Stevenson further detailed planning rationale by indicating a religious institution occupying 100% of the floor area of a building is not supported by the Official Plan and is not consistent with Kitchener City Council's 2005 decision to implement the current 25% floor area regulation. He added that religious institutions tend to house sensitive land uses including: banquet facilities, restaurants, daycare, and in some cases residential dwellings. He noted that these uses are not compatible with the surrounding industrial community. In response to questions, Mr. Stevenson advised within the area of Bleams Road and Strausburg Road there is an existing religious institution. He indicated the building occupies 25% of the property leaving 75% for future industrial uses. He noted the subject application differs from this existing use due to the proposed utilization of all land for the religious institution, with no land remaining for future industrial use. Councillor Y. Fernandes pointed out institutional uses within the area of the business park; such as, St. Jude's School and a school for martial arts. Mr. Stevenson responded that although there may be institutional uses in the area, the subject application was submitted after the Comprehensive Review of Employment Land (CREL), which has identified this land for protection. Concerns were raised with the existence of institutional uses within the area designated as employment land. Mr. Stevenson responded that the regulation for 25% of permitted use for institutional purposes corresponds with gross floor area, which is monitored by occupancy permits. Councillor D. Glen-Graham inquired if the owner had been made aware of the zoning regulations prior to purchasing the property. Mr. Stevenson confirmed that during apre- application meeting and application process, staff had given a consistent message with regard to the zoning regulations and planning policy related to the proposal. He indicated staff had provided a list of alternative properties, which are currently zoned to permit religious institutions. Mayor C. Zehr requested that staff provide additional information regarding institutional uses within the Huron Business Park area, including: how long have these businesses been operational; how do they meet the PPS requirements; and, under what zoning by-law were the uses permitted. Councillor Fernandes inquired as to the impact of tax assessment if a religious institution occupies industrial land. Mr. Stevenson indicated that once a place of worship is established it may apply for a property tax exemption from the Municipal Property Assessment Corporation (MPAC). He advised this is the case for any location in the City and not limited to lands zoned for industrial use. Councillor Z. Janecki referred to a letter in support of the application circulated to the Committee this date from the Waterloo Lutheran Seminary. He stated that it indicates that although the applicant had registered as a delegation, he had been called away in an emergency; and notification of this was provided to the Office of the City Clerk. He added that the applicant has requested to appear at the September 17, 2012 Council meeting to speak to this matter. Mayor Zehr advised that it is regrettable this property was purchase before the zoning was clarified. He added the nearby institutional uses do not justify a zoning amendment. He indicated Council does not approve site specific zoning for taxation purposes and further must protect employment land in order to not set precedents which erode principles. Councillor Fernandes called attention to the church located at Strausburg Road and Huron Road and added that fundraising initiatives by congregations to establish places of worship are extensive in order to bring the development to fruition. She advised she would not be in support of the staff recommendation to refuse the subject zone change application. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES SEPTEMBER 10, 2012 - 64 - CITY OF KITCHENER CSD-12-111 -ZONE CHANGE APPLICATION -ZC 12/010/W/GS - 60 WASHBURN DRIVE - ISLAMIC HUMANITARIAN SERVICE (CONT'D) A motion was brought forward by Councillor K. Galloway to defer this matter to the September 17, 2012 Council meeting to allow time for staff to gather additional information related to the existing institutional uses at the Huron Business Park and to provide an opportunity for the applicant to speak to this proposal. On motion by Councillor K. Galloway - itwas resolved: "That consideration of the recommendation contained in Community Services Department report CSD-12-111 pertaining to Zone Change Application ZC12/010/W/GS for Islamic Humanitarian Service at 60 Washburn Drive be deferred to the September 17, 2012 Council meeting pending additional information and to provide the applicant with an opportunity to speak to the proposal. `That Zone Change Application ZC12/010/W/GS for Islamic Humanitarian Service at 60 Washburn Drive, for the purpose of changing the zoning from Restricted Business Park Zone (B-2) to Restricted Business Park Zone (B-2) with a special Use provision to allow for a Religious Institution to occupy 100% of the gross floor area of a building, be refused."' CSD-12-113 -ZONE CHANGE APPLICATION -ZC 12/006/W/GS - DEMOLITION CONTROL APPLICATION - DC 12/05/VV/GS - 262 & 268 WOOLWICH STREET - ACTIVA HOLDINGS INC. The Committee considered Community Services Department report CSD-12-113, dated August 23, 2012 recommending approval of Zone Change Application ZC 12/006/W/GS and Demolition Control Application DC12/005/W/GS to allow for the redevelopment of 262 and 268 Woolwich Street. Mr. Jason Malfara, Activa Holdings Inc, attended in support of the subject applications. He advised that the subject lands were contemplated in the approved adjacent Plan of Subdivision. He noted that meetings were held with City staff and neighbours regarding the proposed re-zoning. He added the proposed 11 lots represent infill development that would fit well within the existing subdivision and would have 50 ft. frontage. He indicated the traffic plan requirements from the Region of Waterloo for the development of River Ridge subdivision were assessed at 400 units. He continued that with the additional development of the proposed 11 units, the total would still be under the stipulated 400 units. Mr. G. Stevenson advised that the subject properties are located near the intersection of Falconridge Drive and Woolwich Street and both are currently developed with asingle- detached dwelling. He indicated the house located at 268 Woolwich would be retained. The application proposes to change the zoning on the subject lands from Agricultural One (A-1) to Residential Three (R-3) with Special Regulations 304R and 307R. He stated that Regulation 304R requires the minimum lot width and the minimum corner lot width is 15 metres to ensure the lots are consistently sized; and, Regulation 307R regulates the location and size of attached garages and driveways which is to be implemented in order to bring the house forward on the property. In response to questions, Mr. Stevenson advised that noise concerns will be addressed through noise attenuation measures, which were outlined in the comments received from the Region of Waterloo. He clarified that the City of Waterloo was consulted on this application as they are undertaking an Environmental Assessment of Woolwich Street. In regards to tree preservation requirements, as a condition of consent the City of Kitchener requires a tree preservation plan; and, both the landowners and applicant are aware of this requirement. Mr. Joseph Sestan appeared in opposition to the application advising he owns a property on Woolwich Street, located outside of the 120m circulation area. He indicated his opposition PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES SEPTEMBER 10, 2012 - 65 - CITY OF KITCHENER CSD-12-113 -ZONE CHANGE APPLICATION -ZC 12/006/W/GS - DEMOLITION CONTROL APPLICATION - DC 12/05/VV/GS - 262 & 268 WOOLWICH STREET - ACTIVA HOLDINGS INC. (CONT'D) relates to a desire to see his proposed development at 250 Woolwich Street receiving approval under the regional development cap prior to approval being granted to the subject application. He added that his zone change application was submitted on November 2011; and, should therefore take precedence. In response to questions, Mr. Sestan advised that his submission is for the proposed development of 21 units. Mr. Stevenson responded to the concerns expressed by Mr. Sestan by advising the Region of Waterloo set the development cap and is the approval authority with respect to the timing of development. He indicated the subject application for Woolwich Street was included in the approved plan of subdivision for River Ridge. In addition, City staff is working with Mr. Sestan to work through issues with his application, which is anticipated to be brought forward once the development cap has been lifted. Mayor C. Zehr requested clarification on the 5 lots located at the end of the cul-de-sac illustrated on the plan of subdivision provided as Appendix `H'. Mr. Stevenson confirmed this proposal was always included in the 400 units. Mayor Zehr expressed support for the staff recommendation, indicating that this development's inclusion as part of the stipulated 400 units is the defining difference between it and Mr. Sestan's proposed development application. In response to further questions, Mr. Stevenson advised that Mr. Sestan's application had been submitted prior to the subject zone change application for 262 and 268 Woolwich Street. However, the River Ridge application was approved in 2004 and the second phase of development is well underway. He clarified that the subject zone change application was submitted in February 2012, but can be approved by consent; whereas, Mr. Sestan's submission is still under review with draft conditions being determined. On motion by Councillor S. Davey - itwas resolved: "That Zone Change Application ZC12/006/W/GS for Activa Holdings Inc. and Elfriede Czerlinski at 262 and 268 Woolwich Street, for the purpose of changing the zoning from Agricultural One (A-1) to Residential Three (R-3) with Special Provision Regulations 304R, 307R, and 634R in the form shown in the "Proposed By-law" dated August 8, 2012, attached to Community Services Department report CSD-12-113 as Appendix "A", be approved; and further, That Demolition Control Application DC12/005/W/GS requesting permission to demolish one (1) single detached dwelling located at 262 Woolwich Street, owned by Activa Holdings Inc., be approved without conditions." CSD-12-114 -ZONE CHANGE APPLICATION -ZC 12/008/B/GS - DEMOLITION CONTROL APPLICATION - DC 12/011/B/GS - 21 BIRCH AVENUE - MARY AND DRAGAN CIKIC The Committee considered Community Services Department report CSD-12-114, dated August 23, 2012 recommending approval of Zone Change Application ZC 12/08/B/GS and Demolition Control Application DC12/011/B/GS to permit the redevelopment of 21 Birch Avenue with a new two storey semi-detached dwelling. In response to questions, Mr. Stevenson advised that during the public consultation phase, staff discussed the site specific regulations, which only permit a single storey development at this site. It was indicated that although the proposed semi-detached dwelling is proposed to be larger than the existing bungalows, the use is compatible with the surrounding neighbourhood. He added that the proposed redevelopment allows for the appropriate intensification of the subject property with one additional residential dwelling, and better utilizes the existing infrastructure. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES SEPTEMBER 10, 2012 - 66 - CITY OF KITCHENER 4. CSD-12-114 -ZONE CHANGE APPLICATION -ZC 12/008/B/GS - DEMOLITION CONTROL APPLICATION - DC 12/011/B/GS - 21 BIRCH AVENUE - MARY AND DRAGAN CIKIC (CONT'D) Ms. Mary Cikic, Applicant, was in attendance and advised that the proposal is to develop a semi-detached home to enrich the neighborhood. She indicated she was aware of the zoning when she purchased the house and did so in order to redevelop the property. Ms. Cikic added from a business perspective, building asemi-detached dwelling rather than a duplex is desirable. She further advised that she is aware of the neighbours' concerns and is willing to work with them to ensure her tenants are not transient and would properly manage the property. Ms. Cikic advised that she has developed nine other units since 2002. Mr. Glen Bender attended in opposition to the staff recommendation, advising that as a long- term resident in the subject area, he would like to see the core protected. He added that Birch Avenue currently consists of all single detached dwellings. He noted that although the applicant and staff report identify the existing building as being uninhabitable, in the staff report's Appendix, the City's building official has commented that the building is in fair condition. He argued that while the house may require some repairs, it represents a safe affordable home suitable to young or working families. He added that should the redevelopment be approved, a precedent would be set further changing the existing character of this neighborhood. In response to questions, Mr. Bender expressed a preference that the current density should be maintained as defined by planning policy in the 1970s and 1990s; which protected larger lots and the current size of houses. Mr. Greg Shutz and Ms. Robin Shutz, residents of Birch Avenue, appeared in opposition to the proposed redevelopment. They advised that they moved to the neighborhood with an expectation the character would be maintained. In addition, they expressed concern about the noise and disruption that may be caused by the proposed demolition and construction. Councillor Y. Fernandes indicated she would not support the requested zone change, although she realizes the developers can legally duplex within the current zoning designation. She added she anticipates staff would work with the developer to ensure the existing character of the neighborhood is retained. On motion, Councillor D. Glenn-Graham brought the recommendation contained in Report CSD-12-114 forward for consideration. He spoke to the difficulty of this decision given the historic charm of the neighborhood. He commented on the necessity to consider the City as a whole when dealing with development policies. He added that the current zoning allows R-3, which would permit a duplex and would support infill development similar to what is currently in the neighborhood. Mayor C. Zehr expressed concerns with the current R-3 zoning, which could result in the building being duplexed; thereby leading to the same number of people and cars at the property. He added that during the design phase of development, the semi-detached home could be designed to blend in with the neighborhood better than if it were a duplex. He suggested that the R-4 zoning designation is preferred. The following motion was voted on and CARRIED by a recorded vote with Mayor C. Zehr, Councillors K. Galloway, B. loannidis, S. Davey, D. Glen-Graham, Z. Janecki, J. Gazzola, and P. Singh voting in favour and Councillor Y. Fernandes voting in opposition. Councillor B. Vrbanovic and F. Etherington were absent this date and accordingly did not vote. On motion by Councillor D. Glenn-Graham - itwas resolved: "That Zone Change Application ZC12/008/B/GS for Mary and Dragan Cikic at 21 Birch Avenue, for the purpose of changing the zoning from Residential Three (R-3) to Residential Four (R-4) in the form shown in the "Proposed By-law" dated August 8, 2012, attached to Community Services Department report CSD-12-114 as Appendix "A", be approved; and further, PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES SEPTEMBER 10, 2012 - 67 - CITY OF KITCHENER CSD-12-114 -ZONE CHANGE APPLICATION -ZC 12/008/B/GS - DEMOLITION CONTROL APPLICATION - DC 12/011/B/GS - 21 BIRCH AVENUE - MARY AND DRAGAN CIKIC (CONT'D) That Demolition Control Application DC12/011/B/GS requesting permission to demolish one (1) single detached dwelling located at 21 Birch Avenue, owned by Mary and Dragan Cikic, be approved subject to the following condition: That the owner obtains a building permit for the proposed residential dwelling unit; and, 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: In the event that construction of the new dwelling unit is 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 8:55 p. m. Daphne Livingstone Committee Administrator