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HomeMy WebLinkAbout2012-11-26PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES NOVEMBER 26, 2012 CITY OF KITCHENER The Planning and Strategic Initiatives Committee met this date, commencing at 7:08 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. Ioannidis, Z. Janecki and P. Singh. Staff: J. Willmer, Chief Administrative Officer M. May, Deputy CAO, Community Services J. Witmer, Acting Deputy CAO, Infrastructure Services A. Pinard, Director of Planning L. Johnston, Director, Communications and Marketing S. Ross, Assistant City Solicitor D. Ross, Manager, Development Review J. von Westerholt, Senior Planner C. Goodeve, Committee Administrator 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.” CSD-12-141 - MODIFICATION TO DRAFT PLAN OF SUBDIVISION – 30T-98201 1. - ZONE CHANGE APPLICATION – ZC 12/14/H/JVW - PRIMELAND DEVELOPMENTS - SOUTH OF HURON ROAD & WEST OF STRASBURG ROAD The Committee considered Community Services Department report CSD-12-141, dated October 29, 2012 recommending approval of a zone change and modifications to the draft Plan of Subdivision submitted by Primeland Developments for lands located south of Huron Road and west of Strasburg Road. In addition, the Committee was in receipt of correspondence this date from Karen and Chris von Knobloch, dated November 25, 2012 requesting that this matter be deferred until after all sections of the Strasburg Road extension have been addressed through an up-to-date Class Environmental Assessment (EA). The Committee was also in receipt this date of correspondence from Mr. John M. Alati, Davies Howe Partners LLP, noting concerns of his client, Becker Estates Inc., regarding the impacts the proposed modifications may have on their lands. Ms. J. von Westerholt presented the modifications proposed for the subject Plan of Subdivision, which was draft approved in 2000. She stated that the first three stages of the subdivision have already been registered and constructed, adding that the remaining stages could move forward as originally proposed based on the commitments made by the City to the developer through the draft plan approvals process. She indicated that the proposed minor modifications were all internal to the Plan and serve to delineate lots that were previously approved as lotless blocks. She stated that the developer initiated the modifications in order to changes the unit types; thus providing more variety from largely single detached, to singles, semis and townhouses. She advised that further modifications are proposed to remove Tartan Crescent from Stage 6 to minimize the impact on a core natural feature, being a woodlot. She stated the revised Plan would help to protect this woodlot by reducing the potential for impact by adding parkland as a transition between the residential lands and the woodlot. She noted that the school site was also relocated within Stage 6B with additional adjacent parkland; thereby making it a more viable site. She commented that the zone change is required to reflect the new lots and the redesign of the Plan, adding that the only comments that were received in response to the required notification, were those that were circulated to the Committee this date. In response to questions, Ms. von Westerholt acknowledged that if the Committee decided to defer consideration of this matter or amend the proposed modified draft Plan of Subdivision, the developer could withdraw their zone change application and proceed with construction of the remaining three stages in accordance with what was previously approved. She confirmed PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES NOVEMBER 26, 2012 - 80 - CITY OF KITCHENER CSD-12-141 - MODIFICATION TO DRAFT PLAN OF SUBDIVISION – 30T-98201 1. - ZONE CHANGE APPLICATION – ZC 12/14/H/JVW - PRIMELAND DEVELOPMENTS - SOUTH OF HURON ROAD & WEST OF STRASBURG ROAD (CONT’D) that the remaining three stages have been further sub-divided into Stages 4, 5A, 5B, 6A and 6B. She advised that adjacent to the Primeland Developments lands is the Becker Estates Plan of Subdivision, which received draft approval in 2010. She indicated that in terms of parkland, a majority of the proposed changes pertain to Stages 6A and 6B. She stated that in 6A, a portion of the parkland was relocated to provide a transition between the proposed multi- residential block and the woodlot, noting that under the previous Plan those lots backed directly onto that significant environmental feature. She added that part of the intent behind relocating the parkland was to enable it to service both the subject subdivision and the Becker Estates lands. She commented that this park was always contemplated for Stage 6, only now it is proposed to have a more central location and enhance the school site. Ms. von Westerholt responded further that in terms of the routing for services, nothing has changed from what was put forward as part of the Plan of Subdivision that previously received draft approval. She clarified that the orientation of the northern portion of the Strasburg Road extension has already been established, noting only the southern portion is undergoing an environmental assessment to determine its future alignment. She added that in this regard, Primeland Developments’ Plan of Subdivision would be unaffected as it is located adjacent to the fixed northern section of Strasburg Road. Councillor Y. Fernandes question how much of the Plan of Subdivision abutted the Strasburg Road extension and what the impact would be if the alignment of the extension was shifted more to the west. Ms. von Westerholt estimated the distance as approximately 200 to 300 meters and confirmed that the affected lands formed part of Stages 5A and 5B. She reiterated that Stages 5A and 5B are adjacent to the northern section, the alignment of which was already established. Councillor Fernandes commented that while the northern section of the Strasburg Road extension is currently undergoing detail design, in her opinion the alignment has not yet been finalized. Mayor C. Zehr requested clarification as to whether the alignment of the northern section of the Strasburg Road extension was open to interpretation. Mr. J. Willmer advised that the terms of reference for the EA pertaining to the alignment of the southern portion of Strasburg Road indicates that the northern alignment was established through a variety of studies and approvals. He added that the alignment of the southern section still needs to be set, and is the focus of the EA. He stated that pertinent to the issue that is before the Committee is that the subject Plan of Subdivision received draft approval 12 years ago. He noted that this is a conditional approval, and provided the Sub-divider meets those conditions, they can proceed with registration and development. He stated that what is before the Committee are revisions within the boundaries of the Plan of Subdivision. He added that no changes are being proposed to those boundaries and the revisions are not materially changing the Plan next to the Strasburg Road extension. He advised that the proposal is to change lot sizes and the location of the school site as well as some parkland. He noted that the modifications also offer some public benefits; such as, saving a larger portion of the woodlot. He stressed this Plan of Subdivision was previously approved and has rights to proceed with development. Ms. Carol M. Wiebe, MHBC Planning Inc. was in attendance and spoke in support of the staff recommendation. She advised that the subject Plan of Subdivision was approved in 2000, and further amendments and modifications were approved by Kitchener City Council in 2004. She noted that those were also minor revisions to the internal design of the Plan. She indicated that the subject application proposes to show lotting within Stages 4, 5A, and 5B where lotless blocks were previously approved. She noted that some of that lotting is proposed to change the lot fabrics, which necessitated the need for the zone change to allow for a broader range of uses. She stated that the changes in Stage 6 where in response to two issues, being: to retain the woodlot in its entirety, and the redistribution of the school site. She noted that shifting the school site to a more westerly location within the Plan of Subdivision allows for better access and additional parkland. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES NOVEMBER 26, 2012 - 81 - CITY OF KITCHENER CSD-12-141 - MODIFICATION TO DRAFT PLAN OF SUBDIVISION – 30T-98201 1. - ZONE CHANGE APPLICATION – ZC 12/14/H/JVW - PRIMELAND DEVELOPMENTS - SOUTH OF HURON ROAD & WEST OF STRASBURG ROAD (CONT’D) In response to questions, Ms. Wiebe advised that the proposed zone change would serve to add approximately 14 more lots to the modified Plan of Subdivision. She added that the proposed northern section of the Strasburg Road extension forms the eastern boundary of the proposed subdivision. She noted that the alignment of the southern section of Strasburg Road does not impact the subject lands. She reiterated that her client is fully entitled to proceed with development of the subdivision, as previously approved. Mr. Karl Cober, area resident, addressed the Committee in opposition to the requested zone change and modifications to the draft Plan of Subdivision. He expressed concerns with the negative impact that the construction of the subdivision could have on the environment; particularly if it were to proceed prior to a final determination being made on the Strasburg Road extension. He suggested that provisions should be included in the subdivision agreement to afford protect to the local creek during the construction process, given that construction vehicles would most likely use the undeveloped Strasburg Road extension to access the new subdivision. He acknowledged that the proposed modifications would provide for the protection of the woodlot; however, the development abuts the northern portion of the Strasburg Road extension. He added that should the northern section proceed as planned, it would result in the destruction of 2.2 acres of forest. He advised that in his opinion a proper EA has yet to be completed on that section of road in accordance with the provincial Environmental Assessment Act. He noted that if this Plan of Subdivision were to move forward, it would make it more difficult for changes to be made to the northern alignment. He proposed that consideration should be given to deferring Stages 5A and 5B, to give the City additional options when considering the future of the Strasburg Road extension. In response to questions, Mr. Cober advised that his proposed new western alignment of the Strasburg Road extension would utilize some of the lands in Stages 5A and 5B; however, it would provide for the preservation of 2.2 acres of forest, which is currently located in the proposed road right-of-way. He indicated that the deferral would be for a relatively short period of time and only until the feasibility of his proposed alignment could be determined. Ms. von Westerholt clarified that Condition 71 of the draft approved Plan of Subdivision directs construction traffic down Huron Road, and prohibits it from utilizing Strasburg Road. Mr. Kevin Ramessar, area resident, addressed the Committee in opposition to the requested zone change and modifications to the draft Plan of Subdivision. He indicated that while he appreciates the intent behind the modifications, particularly the retention of the woodlot, he is concerned with the negative impact the northern alignment of the Strasburg Road extension would have on the environment. He commented that the City has not completed a proper EA for the northern portion of the proposed road extension, adding that in his opinion, the studies completed for that area 20-30 years ago would not meet current standards. He suggested that it was in the best interest of the City to dialogue with all parties concerned with this matter, as doing so may allow this project to move forward in a more sustainable manner. In response to questions, Mr. Ramessar expressed a desire for more information to be shared related to the proposed alignments of the Strasburg Road extension, noting that he has only been able to access the materials posted on the City’s website. He spoke in support of the new western alignment put forward by Mr. Cober, suggesting that in his opinion, it was the most viable option proposed to date. In reference to the concerns raised regarding the studies conducted on the northern portion of Strasburg Road, Mr. S. Ross advised that the City has correspondence from the Ontario Ministry of the Environment (MOE) from November 2011 confirming that an EA has been deemed to have been completed for the northern section of the Strasburg Road extension. Mr. Richard Herdman, area resident, addressed the Committee in opposition to the requested zone change and modifications to the draft Plan of Subdivision. He indicated that he owns a home in one of the earlier stages of the Subdivision and questioned why the developer would PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES NOVEMBER 26, 2012 - 82 - CITY OF KITCHENER CSD-12-141 - MODIFICATION TO DRAFT PLAN OF SUBDIVISION – 30T-98201 1. - ZONE CHANGE APPLICATION – ZC 12/14/H/JVW - PRIMELAND DEVELOPMENTS - SOUTH OF HURON ROAD & WEST OF STRASBURG ROAD (CONT’D) be granted permission to move forward with new construction when there are currently vacant lots in the existing stages. He expressed further concerns with the disruption that will be caused by the proposed construction activity; particularly the dust created by the vehicles moving through the Subdivision. He added that his home continues to experience significant drainage issues, noting that he has resided there for six years and work still needs to be done by the developer to address problems being faced by residents. In response to questions, Ms. von Westerholt advised that drainage measures are implemented at various times during the development process. She added that developers can proceed on a stage by stage basis and each stage can move forward at its own pace. Mr. Vaughan Bender, Schlegel Urban Developments, referenced the correspondence circulated to the Committee by Davies Howe Partners LLP, noting the questions contained therein with respect to the relocation of the school site as well as the park blocks. He expressed concerns as to whether services are intended to continue to be extended through the subject Plan of Subdivision to the Becker Estates lands. In response to questions, Mr. Bender agreed that pending availability, he would be willing to meet with City staff to discuss those matters prior to the December 3, 2012 Council meeting. He added that if the answers are straight forward, then they should be able to resolve their issues within the proposed timeframe. Councillor Fernandes spoke to the concerns raised by the Grand River Conservation Authority (GRCA), advising that the staff report indicates that the GRCA was not in a position to support approval of permits or floodplain information submitted at this time. Ms. von Westerholt advised that the subject grading plans are still being approved by City staff. She stated that there has since been further dialogue with the GRCA and staff are satisfied that they have generally addressed those concerns. She added that a portion of the revised wording with respect to the 2008 Environmental Assessment report on the Strasburg Creek Trunk Sanitary Sewer was included to address the GRCA’s concerns on that matter. Councillor Fernandes indicated that she would appreciate receiving correspondence confirming that the GRCA is now in a position to support this project. Ms. D. Ross advised that the issues raised by the GRCA were previously addressed through the draft approved conditions and were not new. She stated that the GRCA had questions related to the proposed modifications and were satisfied once staff indicated to them where they had previously signed off on those conditions. Ms. Ross agreed to contact the GRCA to request that they provide correspondence confirming that their issues have been addressed. At the request of Councillor K. Galloway-Sealock, Ms. Ross agreed to follow-up with Engineering staff as to the possibility of routing construction vehicles temporarily along Plains Road, as a means of mitigating the impact on area residents. Questions were raised regarding the possibility of expanding the zoning for the proposed school site to allow it to be used as a place of worship if a school was not constructed. Ms. von Westerholt advised that currently the school site could be used for residential purposes and agreed to investigate whether the existing zoning would allow it to also be used by religious institutions. In response to further questions, Ms. Wiebe indicated that the developer has no objection with a place of worship utilizing the site if it is determined that a school was not going to be constructed. She added that approximately two to three weeks ago, the GRCA granted a permit to Primeland Developments to proceed with the proposed work. She estimated that there are currently nine vacant lots within Stages 1, 2 and 3, noting that her client wishes to move forward with servicing and registering as many lots as possible. A motion was brought forward by Councillor Y. Fernandes to approve the zone change application and modifications to the draft Plan of Subdivision submitted by Primeland PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES NOVEMBER 26, 2012 - 83 - CITY OF KITCHENER CSD-12-141 - MODIFICATION TO DRAFT PLAN OF SUBDIVISION – 30T-98201 1. - ZONE CHANGE APPLICATION – ZC 12/14/H/JVW - PRIMELAND DEVELOPMENTS - SOUTH OF HURON ROAD & WEST OF STRASBURG ROAD (CONT’D) Developments, save and except consideration of Stages 5A and 5B, which would be deferred pending the completion of the EA on the Southern Extension of Strasburg Road. Councillor Fernandes commented that it was not her intent to prevent the development of the entire Subdivision, noting that even with the proposed deferral the developer may still be able to move forward with Stage 4 and possibly Stage 6B. She stated that additional time is needed to understand what the options are for the southern section of Strasburg Road as well as how this development might be impacted by the northern alignment. She added those issues are interrelated, and should not be dealt with separately. Mayor C. Zehr spoke in opposition to the deferral proposed for Stages 5A and 5B, advising that those Stages are not impacted by the South Strasburg Road EA. He stated that while he recognizes that there may be a desire by some to revise the northern alignment of the Strasburg Road extension; however, that is currently undergoing detail design and is not germane to the matter that is before the Committee. He noted that to open up the northern alignment would put the municipality at significant risk. On motion, Mayor C. Zehr brought forward an amendment to strike the deferral of Stages 5A and 5B from Councillor Fernandes’ motion. Questions were raised as to whether Stages 4 and 6 required the development of Stages 5A and 5B in order to move forward. Ms. Wiebe indicated that the development of Stage 4 was predicated on the construction of the stormwater management (SWM) pond within Stage 5A; accordingly, without that SWM pond, it would not be possible to move forward with the other stages. Councillor S. Davey brought forward a further amendment to Councillor Fernandes’ motion, which was accepted as friendly, to change the timing of the deferral to the December 3, 2012 Council meeting, as opposed to pending the completion of the South Strasburg Road EA. Mayor Zehr’s amendment to strike the deferral of Stages 5A and 5B was then voted on and LOST on a recorded vote, with Mayor C. Zehr and Councillors B. Ioannidis and K. Galloway- Sealock voting in favour; and Councillors Z. Janecki, Y. Fernandes, P. Singh, J. Gazzola, D. Glenn-Graham, B. Vrbanovic, S. Davey and F. Etherington voting in opposition. Carried Councillor Fernandes’ motion, as amended, was then voted on and was on a recorded vote, with Councillors Z. Janecki, Y. Fernandes, P. Singh, J. Gazzola, D. Glenn-Graham, B. Vrbanovic, K. Galloway, S. Davey and F. Etherington voting in favour; and Mayor C. Zehr and Councillor B. Ioannidis voting in opposition. On motion by Councillor Y. Fernandes - it was resolved: “That Zone Change Application - ZC 12/14/H/JVW and the modification to draft Plan of Subdivision - 30T-98201 submitted by Primeland Developments for lands located south of Huron Road and west of Strasburg Road, be approved as outlined in Community Services Department report CSD-12-141, save and except the following: That consideration of Stage 5A and Stage 5B, be deferred to the December 3, 2012 Council meeting.” ADJOURNMENT 2. On motion, this meeting adjourned at 9:08 p.m. Colin Goodeve Committee Administrator