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HomeMy WebLinkAbout2012-09-24PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES SEPTEMBER 24, 2012 CITY OF KITCHENER The Planning and Strategic Initiatives Committee met this date, commencing at 6:30 p. m. Present: Councillor B. Vrbanovic -Chair Mayor C. Zehr and Councillors K. Galloway, S. Davey, J. Gazzola, D. Glenn-Graham, F. Etherington, Y. Fernandes, B. loannidis, Z. Janecki and P. Singh. Staff: J. Willmer, Chief Administrative Officer M. May, Deputy CAO, Community Services L. MacDonald, Director Legal Services/City Solicitor A. Pinard, Director of Planning R. Regier, Executive Director, Economic Development S. Ross, Assistant City Solicitor D. Ross, Manager, Development Review J. von Westerholt, Senior Planner N. Goss, Senior Planner S. Coutu, Policy Analyst D. Livingstone, Committee Administrator PRESENTATION -CANADA'S TECHNOLOGY TRIANGLE (CTT) Mr. J. Jung presented an update on the initiatives of Canada's Technology Triangle (CTT) in Waterloo Region. He advised the mandate of the CTT is to promote the Region of Waterloo in order to attract and expand strategic investment to bring capital and talent to the Region. He described the strategic plan of the next five years including a focus on foreign direct investment and advised that the Mayors of the Region of Waterloo had participated in foreign visits to attract investment and build partnerships. The following programs are the focus and targets for 2013: Business Development focusing on Regional Strategies (OTC, OACA, OCTC, OFC), Advanced Manufacturing, ICT, Financial Services and Aftercare Program Phase 2; Follow-up on known leads and prospects; and, Targeted Strategies: Cloud Computing/Data Centers, Soft Landing Pads (IBC), Germany, California, China and leveraging partnerships with UW, WLU & Conestoga College. Mr. J. Jung added that the CTT Aftercare Program will be enhanced to ensure companies that locate in Waterloo Region receive supplementary care to assimilate and welcome them to the area with the goal being business retention and expansion. Councillor Z. Janecki inquired as to the number of jobs created by the business development initiatives of the CTT. Mr. Jung responded that within the last ten years, sixty companies have been established in this area. He added that many are small with few employees when they arrive in the Region and expand over time. In response to questions, Mr. Jung advised that funding is provided by the local area municipalities whose contribution is matched by the Region of Waterloo. He added that the core funding is approximately $900,000. with $200,000. from the private sector as well as federal and provincial grants providing the total annual budget of $1.6M. Councillor B. Vrbanovic 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." PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES SEPTEMBER 24. 2012 - 69 - CITY OF KITCHENER 2. CSD-12-134 - ADDENDUM TO REPORT CSD-12-106 - OFFICIAL PLAN AMENDMENT OP 11/02/H/JVW - ZONE CHANGE APPLICATION ZC 11/08/H/JVW - 1011 HOMER WATSON BOULEVARD - 1473450 ONTARIO LTD. (KITCHENER FRAME) The Committee considered Community Services Department report CSD-12-134, dated August 30, 2012 being an addendum to Report CSD-12-106, which recommended refusal of Official Plan Amendment Application OP 11/02/H/JVW and Zone Change Application ZC 11/08/H/JVC for lands located at 1011 Homer Watson Boulevard. The Committee was also in receipt this date of correspondence from Mr. Greg Priamo, Zelinko &Priamo Ltd., on behalf of the applicant in response to the analysis put forward in the addendum report. Ms. J. von Westerholt reviewed the report, advising that consideration of the subject applications was deferred to this date from the August 13, 2012 Planning and Strategic Initiative Committee meeting. She stated that the applications propose the conversion of employment lands to non-employment lands. She added that in staffs' opinion, there are other more suitable sites for conversion, as identified in the municipal Comprehensive Review of Employment Lands (CREL); and accordingly, are recommending that these lands remain protected employment lands. She indicated that the applications were deferred to allow staff an opportunity to respond to the presentation made by the applicant at the August meeting. In addition, staff were also asked to consider the impacts of re-orientating the proposed commercial development so that it would front onto Bleams Road as opposed to Homer Watson Boulevard; and, to obtain cost information associated with conducting a peer review of the South Kitchener Retail Market Demand and Impact Analysis prepared by Kircher Research on behalf of the applicants in support of the subject applications. Ms. von Westerholt advised that aslide-by-slide response to the presentation can be found in Appendix `B' of the addendum report. Concerning the re-orientation, she indicated that staffs' position remains unchanged. She stated the orientation of the development is not an issue, but rather the scale. She noted the proposed 28,515 square metre retail development does not provide an associated or ancillary function as set out in the City's Official Plan and the CREL. She elaborated that the current zoning allows for small and ancillary retail up to 2,500 sq. m, which the proposal does not meet. She pointed out that these are key employment area lands that have been identified for protection and should be considered a finite resource. She affirmed staffs' position that approval of the subject applications would be contrary to good planning principles, as the proposed conversion would not conform to Provincial, Regional or City planning policy. In response to questions, Ms. von Westerholt affirmed that the CREL identified the subject site as key employment lands with amenities that make them particularly unique in the inventory of lands available for industrial use. Mr. R. Regier responded further that the total employment numbers for those lands are speculative; however, at its peak 2,300 people were previously employed at the site. He added that, as the development evolves, it is not anticipated that rather than one large employer, several smaller companies would be located on this sites. He indicated that the subject lands are considered one of the prime industrial assets within the City in terms of size and infrastructure. He noted that the lands have been marketed for foreign direct investment by Canada's Technology Triangle (CTT) in Waterloo Region. Clarification was requested with respect to the existing M-2 zoning. Mr. A. Pinard advised that various different uses could be deemed acceptable for the subject lands, however, he stressed that free standing retail is not permitted. He confirmed that building supply is permitted, which may allow for the development of a home improvement store, depending on the formation. He added that staffs' objections are based on the loss of the business park aimed at maintaining and/or enhancing the City's industrial sector, which is not supported if those lands are converted to a retail use. Mr. Greg Priamo, Zelinko &Priamo Ltd., reviewed the circulated correspondence, highlighting concerns that the CREL has defined the site as `Protected Employment Lands'; however, those lands are not afforded special policy protection in the Official Plan. He suggested that the CREL is a background document, not a policy document, as it was not part of any public consultative process. He asserted that their overall development strategy would increase the PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES SEPTEMBER 24. 2012 - 70 - CITY OF KITCHENER 2. CSD-12-134 - ADDENDUM TO REPORT CSD-12-106 - OFFICIAL PLAN AMENDMENT OP 11/02/H/JVW - ZONE CHANGE APPLICATION ZC 11/08/H/JVW - 1011 HOMER WATSON BOULEVARD - 1473450 ONTARIO LTD. (KITCHENER FRAME) (CONT'D) City's supply of high quality industrial lands as well as providing a commercial centre and the associated jobs arising from said uses. Mr. Priamo rejected the findings of the City of Kitchener's Comprehensive Review of Intensification Areas, which assessed the subject land as undesirable for amixed-use node. He referenced the CREL which identified a surplus of employment land and indicated the need for industrial land will decline through 2029. In response to questions, Mr. Priamo confirmed that 30% of subject lands require re-zoning in order to be developed for the proposed uses. He acknowledged that re-zoning to permit grocery and general retail is required on approximately 10 acres. He added the applicants are amenable to a City initiated enhanced commercial development in the northwest corner of the subject lands, with a policy to prohibit commercial development on the balance of the lands. With regard to job creation, he anticipated that the proposal would provide for over 1,000 full and part-time employment opportunities in the commercial component. When asked if the applicant would file an appeal with the Ontario Municipal Board (OMB) if Council were to refuse the application, Mr. Priamo indicated that given the merits of the application, an appeal would probably be pursued. In response to the concerns raised regarding the employment forecast referenced in the CREL, Mr. Regier advised that in 2006/2007 there was a concern with the future decline in the manufacturing sector. He noted that since then, the labour force survey, provided by Statistics Canada, has indicated an increase of 10,000 jobs in the area. He confirmed that there has been stabilization and significant growth in the manufacturing economy. Questions were raised regarding the impact that the proposed development may have on the existing retail stores in the surrounding area. Mr. Priamo responded the that the proponent's Retail Market Study included full consumer and license plate surveys to determine where consumers shopped. He noted that there is always an impact on existing retail; however, the analysis concluded that there would be no long-term detrimental impact on any existing retail centres. He commented that there have been no objections from retailers in the area; thereby demonstrating the marginal impact of the proposed development. Councillor B. Vrbanovic commented that there are five grocery stores in the area and two additional approved sites within proximity of the proposed lands. However, there does not appear to be a significant amount of residential developable lands in the area. Councillor S. Davey advised he is in favour of the application as the land is currently vacant and the proposal has the potential to create future jobs. Councillor Y. Fernandes advised she was not in support of the staff recommendation and suggested that a compromise should be pursued rather than allowing this to be appealed to OMB. Councillor J. Gazzola added that as the re-zoning affects only ten percent of the total lands and the acknowledgement that the remainder would be used for industrial purposes; he would not be supporting the staff recommendation. Several Councillors spoke to the need to protect subject lands as a crucial part of the City's economic development strategy given their strategic location and importance to the employment land inventory. In addition, references were made to the struggling commercial areas on Bleams Road and the potential conflict caused by incompatible land uses if a commercial development was permitted in close proximity to heavy industrial uses. The following motion was voted on and Carried by a recorded vote with Mayor C. Zehr, Councillors F. Etherington, K. Galloway, B. loannidis, D. Glen-Graham, Z. Janecki, and P. Singh, B. Vrbanovic voting in favour and Councillors Y. Fernandes, S. Davey, and J. Gazzola voting in opposition. On motion by Councillor K. Galloway - itwas resolved: PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES SEPTEMBER 24, 2012 - 71 - CITY OF KITCHENER CSD-12-134 -ADDENDUM TO REPORT CSD-12-106 - OFFICIAL PLAN AMENDMENT OP 11/02/H/JVW - ZONE CHANGE APPLICATION ZC 11/08/H/JVW - 1011 HOMER WATSON BOULEVARD - 1473450 ONTARIO LTD. (KITCHENER FRAME) (CONT'D) "That Official Plan Amendment Application OP11/02/H/JVW (1011 Homer Watson Boulevard) requesting a change in designation from General Industrial to Mixed-Use Node with a Special Policy Provision, to permit an expanded range of commercial uses, including retail and service commercial uses as well as neighbourhood entertainment uses and free standing office on an 11.46 hectare portion of the property, be refused; and further, That Zone Change Application ZC11/08/H/JVW (1011 Homer Watson Boulevard) requesting a change from General Industrial (M-2) with Special Use Provision 22U to Community Shopping Centre Zone (C-3) on an 11.46 hectare portion of the property, be refused." CSD-12-126 -MODIFICATION TO PLAN OF SUBDIVISION-30T- 04204 - ZONE CHANGE APPLICATION-ZC 12/07/S/JVW - NORTHWEST CORNER OF TILT DRIVE AND STAUFER DRIVE - LVH DEVELOPMENTS INC. The Committee considered Community Services Department report CSD-12-126, dated August 8, 2012 recommending subdivision modification for lands located at the northwest corner of Stauffer Drive and Tilt Drive within the Doon South Community, as per the Endangered Species Act (ESA) permit approved by the Ministry of Natural Resources (MNR). Ms. J. von Westerholt advised that the subject lands were granted draft approval in June 2007 with a condition of the draft approval requiring the owner to prepare a mitigation plan for the habitat of the threatened species and implement the mitigation plan as part of the ESA permit process. She indicated that the owner has completed the mitigation plan and has received approval from the MNR for a permit under the ESA permit process. She stated that the Permit requires a minor shift ranging from 5 metres to a maximum of 30 metres of Stage 2 of the Draft Plan in an easterly direction, away from the significant habitat in the Caryndale Woodlot to the west of the subject lands in order to provide a greater separation distance from the development limit and the habitat feature. She advised that the permit also requires the construction of fencing and a funnel wall to contain the species within the habitat and to prevent human encroachment into the feature. She added that by shifting the development limit of Stage 2 in an easterly direction the already approved zone lines would also require shifting in order to align the new lot lines. She noted that the applicant has applied for a zone change to implement this required easterly shift of the development limit as determined by the MNR ESA permit. Ms. von Westerholt further elaborated on the additional requirements of the MNR ESA permit, including a shift of the proposed roads in the draft approved plan which resulted in the removal of approximately 30 lots. The road was subsequently reconfigured from a cul-de-sac off of a local road to two shorter local roads. She added that the shift was necessary in order to ensure that traffic could still move through the area and that sufficient number of usable lots for residential purposes could be retained for development. She advised that the earlier closure of Stauffer Road would be in interest of the protection of the threatened species to ensure that the requirements of the ESA permit be implemented as soon as possible as this would help ensure the protection of the species and its habitat. She concluded that the issues surrounding the protection of the threatened species have been addressed and the Plan of subdivision is already draft approved; this modification is necessary to fulfill a condition of draft approval. Mr. Bill Green, GSP Group, appeared in support of the application and presented the mitigation efforts that have been undertaken to meet the requirements of the ESA permit. He advised the modifications include defining the regulated habitat which includes a wall and funneled area with signage and a stewardship program. He added that monitoring fora 3 year PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES SEPTEMBER 24, 2012 - 72 - CITY OF KITCHENER CSD-12-126 -MODIFICATION TO PLAN OF SUBDIVISION 30T- 04204 - ZONE CHANGE APPLICATION ZC 12/07/S/JVW - NORTHWEST CORNER OF TILT DRIVE AND STAUFER DRIVE - LVH DEVELOPMENTS INC. (CONT'D) period post construction is required by the developer. Mr. Green referred to the separation increase between the residential development and the defined habitat noting that a community trail has been removed. In response to questions, Mr. Jeff Gross, Ecoplans Ltd., confirmed that the impact to the threatened species would be monitored during construction and post construction for a period of 3 years; with annual reports being provided to MNR until December 2016. On motion, Councillor Y. Fernandes brought the recommendation contained in Report CSD- 12-126 forward for consideration with an additional clause requesting a monitoring report from the developer on the effectiveness of the mitigation, submitted to City staff during construction and post construction for a period of three years. An amendment was brought forward by Councillor P. Singh, which was accepted as friendly, to request that the monitoring report be provided in letter format. On motion by Councillor Y. Fernandes - itwas resolved: "That Zone Change Application ZC12/07/S/JVW (LVH Developments Incorporated, North of Stauffer Drive and west of Tilt Drive) requesting a change in zoning from Residential Three Zone (R-3) with Special Regulation 465 R to Residential Four Zone (R-4), Residential Four Zone (R-4) to Residential Six (R-6), Residential Three with Special Regulation 465 R to Residential Six Zone (R-6), from Residential Three with Special Regulation 465 R to Open Space Zone (P-2) and from Convenience Commercial Zone C-1 with Special Use Provision 363U and Special Regulation Provision 466R to Open Space Zone (P-2) be approved in the form shown in the "Proposed By-law" dated September 24, 2012, attached as Appendix "B" to Community Services Department report CSD-12-126; and, 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-04204, in the City of Kitchener, for LVH Developments Incorporated, subject to the conditions outlined in Report CSD-12-126; and further, That a monitoring report be provided to City Staff from the subdivider's environmental consultant in the form of a letter on the status of the protected species during development, upon completion of the development, and for a three year period post development." CSD-12-117 -CITY INITIATED ZONE CHANGE APPLICATION - ZC 09/09/COK/HH - LANCASTER STREET WEST MIXED-USE CORRIDOR The Committee considered Community Services Department report CSD-12-117, dated August 23, 2012 recommending approval of the Lancaster Street West Mixed-Use Corridor to re-zone the area with new site-specific provisions and revisions to existing site-specific provisions of the current zoning. In addition, the Committee was in receipt this date of an information package from Norman and Harriet Falk proposing the inclusion of 540 Bridgeport Road within the Mixed-Use Corridor. The Committee was also in receipt this date of correspondence from Messrs. Bruce Lackenbauer, Madorin Snyder LLP as well as David Aston, MHBC Planning, requesting site specific exemptions for 564 and 526 Lancaster Street West respectively. Mr. Norman Falk reviewed the circulated information package, and spoke in support of the Mixed-Use Corridor Zone Change requesting the inclusion of 540 Bridgeport Road in the Lancaster Street West Mixed-Use Corridor. He advised that he intends to operate a dental office at the subject residential property, which would be in keeping with the proposed commercial zoning of the Mixed-Use Corridor. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES SEPTEMBER 24. 2012 - 73 - CITY OF KITCHENER 4. CSD-12-117 -CITY INITIATED ZONE CHANGE APPLICATION - ZC 09/09/COK/HH - LANCASTER STREET WEST MIXED-USE CORRIDOR (CONT'D) In response to questions, Ms. N. Goss provided the planning rationale for the Mixed-Use Corridor, which includes properties that have direct frontage along Lancaster Street West. She acknowledged there are several properties within the current boundaries of the Mixed-Use Corridor that do not have frontage on Lancaster Street West, but that are currently zoned commercial. She advised that the boundaries for the Mixed-Use Corridor were established in the Official Plan, in 2001. She noted that, at this time, the boundaries cannot be modified to include 540 Bridgeport Road without Official Plan and Zoning By-law amendments. Mr. Chris Doerr and Ms. Dainah Ramsay, students of Wilfred Laurier University, attended to express safety concerns relative to the propose re-zoning. They advised that although they are not residents of the area, they are in attendance as interested parties for the broader community. They expressed concerns regarding the potential for increased traffic flow and pedestrian safety. Ms. Goss informed the delegates that Lancaster Street is a Regional Road and no concerns with increased traffic have been identified. She added that once a use has been determined, the site plan process would determine traffic impact. Mr. George Kaster, George Kaster Auto, expressed concerns regarding the legal non- conforming status that would be assigned to his property at 623 Lancaster Street once the Mixed-Use Corridor has been approved. He advised that he has operated a vehicle repair business at 623 Lancaster Street for 40 years. He stated that staff have informed him that should he stop using the site for automotive repair or changed to another use; he would not be permitted to resume his automotive repair business, as the use would no longer be legal. Mr. S. Ross addressed the concern raised by Mr. Kaster, clarifying the definition of legal non- conforming. He advised that if the use was established legally and continuous with the intention to continue use even during the intervening period, permission to use the site for automotive repair is assured. Councillor Y. Fernandes inquired if any other properties are impacted with a change to legal non-conforming use and if they have been notified. Ms. N. Goss confirmed that approximately three properties would be deemed legal non-conforming, adding that all property owners have been made aware of the proposed zone change. Ms. Allison Burkett addressed the Committee with concerns regarding the setback limits being proposed for 580 Lancaster Street West. She suggested that there was a planning oversight given the overhang of the building's roof projects onto the 1.2m setback; and therefore would not conform to the special regulation contained within the draft By-law. She requested that a zero setback be established for the subject property, or a provision to accommodate the architectural element encroachment onto the proposed setback. On motion, Councillor S. Davey brought the recommendation contained in Report CSD-12-117 forward for consideration, with a change to Special Regulation 623R to allow the architectural element to project 1.2m onto the front yard setback. In reference to the correspondence received this date from MHBC Planning regarding 526 Lancaster Street, Mayor C. Zehr inquired if the site plan application would be affected by the proposed re-zoning. Ms. N. Goss provided background on the property, advising that the Site Plan Application for the property located at the corner of Bridgeport Road and Lancaster Street was received March 2012. She indicated the Site Plan Review Committee had identified certain issues with the subject application and staff are working with the applicant to resolve those matters. At the request of Mayor Zehr, staff agreed to provide additional information prior to the October 1, 2012 Council meeting on the affect the Mixed-Use Corridor may have on the Site Plan Application 526 Lancaster Street West. On motion by Councillor S. Davey - itwas resolved: PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES SEPTEMBER 24, 2012 - 74 - CITY OF KITCHENER CSD-12-117 -CITY INITIATED ZONE CHANGE APPLICATION - ZC 09/09/COK/HH - LANCASTER STREET WEST MIXED-USE CORRIDOR (CONT'D) "That City-initiated Zone Change ZC/09/09/COK/HH being an amendment to Schedules 125 and 126 of Appendix A, sections 10, 11, 14, 190, 200, 320, 401 and, 421 of Appendix C, sections 1, 619, 620, 621, 622, 623, 624 and, 625 of Appendix D and section 65 of Appendix F of By-law Number 85-1 as they pertain to the Lancaster Street West Mixed Use Corridor for the purpose of changing the zoning from various zone classifications to Mixed-Use Corridor MU-1 and MU-2 zones with and without site- specific special provisions applying to these lands, be approved, in the form shown in the `Proposed By-Law' dated August 16, 2012 attached as Appendix `A' to Community Services Department report CSD-12-117, with amendment to the following wording of Section 32 on page 3-16 of Appendix "A", Special Regulation 623R; a) By adding `5.6.3 and' after `Section' and before `54.2'; and further, b) By adding `b) Architectural features shall be permitted to project 1.2 metres into the front yard setback."' CSD-12-124 -CITY-INITIATED ZONE CHANGE APPLICATION -ZC 12/03/COK/BB - GROUP HOME/RESIDENTIAL CARE FACILITIES - DEFINITIONS, USES AND REGULATIONS The Committee considered Community Services Department report CSD-12-124, dated August 17, 2012, recommending approval of City Initiated Zone Change ZC 12/03/CoK/BB to amend the definitions, uses and regulations related to Group Homes. Councillor Y. Fernandes expressed concerns that public notification was not required when two or more group homes are proposed to be located in a residential neighbourhood. She stated that while she supports inclusiveness, she has previously experienced on-street parking issues related to group home support staff, and questioned how such issues could be addressed. Mr. S. Ross indicated that parking regulations in the zone govern the number of parking spaces permitted at the residential site. Mr. A. Pinard advised that where issues have been identified, changes could be made to the City's on-street parking regulations, or through increased enforcement of the existing Parking By-law. He added that the objective of these changes is to remove elements that treat group homes differently. The following motion was voted on and CARRIED UNANIMOUSLY by a recorded vote by all members present. On motion by Mayor C. Zehr - itwas resolved: "That City-initiated Zone Change ZC12/03/CoK/BB (City of Kitchener) to amend Sections 4, 5, 19 and 35 of Zoning By-law 85-1 pertaining to group homes/residential care facilities be approved in the form shown in the `Proposed By-law' dated August 17, 2012, attached as Appendix "B" to Community Services Department report CSD-12- 124. " ADJOURNMENT On motion, this meeting adjourned at 11:25 p. m. Daphne Livingstone Committee Administrator