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HomeMy WebLinkAbout2013-05-06 PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 6, 2013 CITY OF KITCHENER The Planning and Strategic Initiatives Committee met this date, commencing at 6:45 p.m. Present: Councillor B. Vrbanovic - Chair Mayor C. Zehr and Councillors K. Galloway-Sealock, S. Davey, J. Gazzola, D. Glenn- Graham, F. Etherington, Y. Fernandes, Z. Janecki, and B. Ioannidis. Staff: J. Willmer, Chief Administrative Officer M. May, Deputy CAO, Community Services L. MacDonald, Director, Legal Services & City Solicitor A. Pinard, Director, Planning M. Seiling, Director, Building B. Sloan, Manager, Long Range Policy & Planning D. Ross, Manager, Development Review L. Ross, Urban Designer D. Livingstone, Committee Administrator FCS-13-073 - AIR QUALITY IN KITCHENER: FIVE BEST BETS FOR 2013 1. The Committee considered Finance and Corporate Services Department report FCS-13-073, dated April 23, 2013, recommending the Air Quality in Kitchener Five Best Bets for 2013. Mr. B. Sloan responded to questions advising that there are no financial considerations at this time; any additional financial requirements related to implementation of the five Best Bets will be brought forward during the annual budget process. On motion by Councillor Y. Fernandes - it was resolved: “That the five 2013 Best Bets for Air Quality in Kitchener and corresponding recommended action(s), as outlined in Table 1 of the Finance and Corporate Services Department report FCS-13-073, be approved.” CSD-13-041 - NEW CITY ENTRANCE – UPDATE ON FAIRWAY ROAD STREETSCAPE 2. The Committee considered Community Services Department report CSD-13-041, dated April 24, 2013, recommending approval of the updated Fairway Road Streetscape with the inclusion of the Fairway Road entrance as an approved banner program location. Mr. B. Sloan reviewed the report, stating the City of Kitchener and the Region of Waterloo have collaborated in the preparation of streetscape designs to create a prominent gateway to the City at Fairway Road. He advised that the City’s portion of the streetscape plan includes planting native trees and shrubs and trail connections to the Walter Bean Trail. He stated that in addition to the landscape enhancements on both sides of the Fairway Road Bridge, the Planning Division is partnering with Arts and Culture staff to undertake one or more public art installations as part of the streetscape design. He advised that timing for the landscape enhancements is scheduled for Fall 2013, with the public art component anticipated to be ready for installation in 2014 or 2015. On motion, Councillor S. Davey brought forward the recommendation contained in report CSD- 13-041 for consideration. In response to questions, Mr. Sloan advised that the streetscape had been previously approved as part of the City’s Urban Design capital program. With regard to timing, he indicated the Region’s annual landscape contract will be awarded with planting expected to begin in September 2013. Councillor Y. Fernandes inquired about the tree management plan given the current Emerald Ash Borer problem. Ms. L. Ross advised that the trees chosen do not include Ash, and maintenance of the trees will be subject to standard maintenance plans with the Region of Waterloo. Ms. Ross stated that there will not be a monoculture of trees; they will be along the road right-of-way and planting on the embankment of the Grand River. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 6, 2013 -16- CITY OF KITCHENER CSD-13-041 - NEW CITY ENTRANCE - UPDATE ON FAIRWAY ROAD STREETSCAPE 2. (CONT’D) Councillor Z. Janecki inquired if the City of Kitchener or the Region of Waterloo will be required to perform maintenance on the plantings. Ms. L. Ross responded that there are existing maintenance agreements with the Region which will accommodate the watering requirements. In addition, part of the contract includes a three-year maintenance policy that was established in order to ensure the plants are provided an extra year of care. She stated that the landscape design adjacent to the bridge will require minimal maintenance and water, and explained that the planned shrubs, trees and ornamental grasses are designed for ground cover. Councillor K. Galloway-Sealock inquired if the Region would be contributing to the art project, as it may qualify under the Regional Public Art Policy. Mr. Sloan responded that the Region has been contacted regarding the public art enhancements and have indicated that should the City wish to procure art, it would have to do so independently. He elaborated on the financial allocation for the public art project, stating that Arts and Culture completed an inventory of City art projects and associated costs, and determined that $60,000. would likely be sufficient to purchase one or two small pieces. An amendment by Councillor Galloway-Sealock, was brought forward for consideration which was accepted by Councillor Davey as friendly, to add a clause to the staff recommendation to direct staff to contact the Region of Waterloo requesting a financial contribution for the public art component of the Fairway Road streetscape program. Mayor C. Zehr commented that he is in support of the Fairway Road entrance as a banner location. He referred to the funding for the public art scape advising that when the design of the bridge was contemplated, aesthetic design was included to enhance the entrance. He stated it is likely the Region will respond that features were added into the construction of the bridge as a cooperative approach, but that he would support the amendment. On motion by Councillor S. Davey - it was resolved: “That the Fairway Road entrance to Kitchener be considered an approved banner program location under Council Policy I-1185 “Banner Policy – Municipal” Clause 1a), as outlined in Community Services Department report CSD-13-041, New City Entrance – Update on Fairway Road Streetscape; and, That City of Kitchener Special Events staff coordinate the installation and removal of any banners from the Fairway Road entrance under Council Policy I-1185 “Banner Policy – Municipal” Clause 4c); and further, That City of Kitchener Planning and Arts and Culture staff seek collaboration with the Region of Waterloo for financial contribution to the Public Art projects for the Fairway Road entrance under the Regional Public Art Policy.” 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 may not be entitled to appeal the decision to the Ontario Municipal Board and may not be added as a party to a hearing of an appeal before the Ontario Municipal Board.” CSD-13-032 - OFFICIAL PLAN AMENDMENT APPLICATION OP13/01/D/MD 3. - ZONE CHANGE APPLICATION ZC13/01/D/MD - 2276451 ONTARIO INC. - 689 DOON VILLAGE ROAD The Committee considered Community Services Department report CSD-13-032, dated April 9, 2013, recommending approval of a zone change application and official plan amendment for the lands located at 689 Doon Village Road. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 6, 2013 -17- CITY OF KITCHENER CSD-13-032 - OFFICIAL PLAN AMENDMENT APPLICATION OP13/01/D/MD 3. - ZONE CHANGE APPLICATION ZC13/01/D/MD - 2276451 ONTARIO INC. - 689 DOON VILLAGE ROAD (CONT’D) Ms. D. Ross reviewed the report advising that the applications are unique, as the building has been constructed and is occupied. She indicated the existing building is in conformity with the official plan and zoning by-law; however, the applicant is seeking a zone change and official plan amendment in order to increase the floor space ratio by utilizing the attic space to enlarge the units. In addition, an official plan amendment is required to permit a maximum building height of 4 storeys at street elevation. Ms. Ross reviewed the origins of the development, stating that the building received site plan approval in 2012. She indicated that there was a public consultation process, during which area residents expressed concern with the development. She offered assurance to the public that their concerns have been acknowledged, and stated there are no significant planning issues as mass and density remains unchanged in the proposal. She summated that the owner is proposing to increase the size of existing units and no additional units are proposed. She added that the existing building is compatible with the low-rise residential housing in the area, and is located on an appropriate site for infill. In response to questions related to the original site plan approval, Ms. Ross explained that the development approval was granted for a three-storey building with an attic. She indicated the applicant received approval in principle for the site plan, subject to approval of minor variances from the Committee of Adjustment to permit a zero front yard setback; a reduction of the side yard setback; and, a variance related to the location of a barrier free parking space. She noted that the Committee of Adjustment Notice was circulated to area residents within 30m and published in a local newspaper. She confirmed that the applicant was granted approval for the variances; a building permit was issued; and, subsequent occupancy permits were issued by the Building Division. She explained that the applicant has again applied to the Committee of Adjustment for variances to permit an increase in floor space ratio, and to convert the attic into habitable living space. She advised that staff did not support the variance application as the Committee of Adjustment is not the appropriate process to deal with an official plan amendment; therefore, refusal was recommended. She indicated the Committee of Adjustment has refused the application and the decision has been appealed to the Ontario Municipal Board (OMB). She noted that the decision of the OMB is being held in abeyance until a decision on the subject applications has been made. She confirmed that during the second Committee of Adjustment process, objections were raised by residents. In response to further questions, Mr. M. Seiling acknowledged that the attic is a large space; however, the Ontario Building Code does not regulate attic size. He confirmed the attic is completely unfinished; without plumbing or drywall. He reviewed the site inspection by Building staff, noting that the developer had installed stairs from each unit to the attic space, which were not included on the approved drawings. He stated that the stairs were permitted to remain intact during the construction phase, and have since been removed according to the approved site plan. Councillor F. Etherington inquired if the conversion would permit additional occupancy. Ms. Ross advised that as six units are being enlarged it is likely additional individuals would reside in the building. In regard to the need for additional parking, she stated that as the applicant is seeking additional living space but not units, the calculation for parking and transportation requirements does not change. Additionally, Ms. Ross confirmed that during the site plan approval process, staff recognized the size of the attic as a large space and indicated to the applicant that if it were to become habitable space, an official plan amendment and zone change would be required. Councillor Etherington inquired if the Planning Division has modified procedures for development review as a result of infill development such as the subject applications. Mr. A. Pinard responded that all of the City’s practices and procedures have been followed during review of this development. He stated that there is an ongoing objective to ensure that information is handled effectively, particularly if comments are received from the community which may indicate opposition to a development. In addition, he stated that the official plan is under review to mitigate potential gaps in policy, which is reflected in the ongoing maintenance PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 6, 2013 -18- CITY OF KITCHENER 3. CSD-13-032 - OFFICIAL PLAN AMENDMENT APPLICATION OP13/01/D/MD - ZONE CHANGE APPLICATION ZC13/01/D/MD - 2276451 ONTARIO INC. - 689 DOON VILLAGE ROAD (CONT’D) of the zoning by-law to ensure the regulations are in alignment with the official plan. He acknowledged that the time for development review applications has been more than average for this development; however, this represents a newer form of intensification that the City’s policy documents did not originally contemplate. He noted the Planning Division has learned from these applications; and, can therefore manage future applications in a more efficient manner, and are in a position to better communicate expectations in order to manage time. Mayor C. Zehr inquired if the proposed applications would allow more units to be established in the future, and if a condition could be imposed to ensure the maximum number of units would remain at 17. Ms. Ross responded that should the owner wish to increase the number of units, a new site plan would have to be submitted, adding that under the Planning Act, an official plan amendment cannot impose conditions. Mr. Seiling advised that based on his knowledge of the current design and location of the building on the subject property, the building could not be altered to include additional units within the existing building footprint. Councillor S. Davey expressed concern that the building is currently occupied while official plan amendment and zone change applications are under review. Mr. Seiling stated that the developer has met the requirements under the Ontario Building Code, and has thus received occupancy permits. Councillor Davey requested that Planning staff investigate a policy to limit occupancy before approval of an official plan amendment. Mr. Pinard agreed to examine this potential, indicating there may be associated legal implications, and report back at a future Planning and Strategic Initiatives Committee meeting. Councillor B. Ioannidis requested confirmation that all associated application fees and development charges have been paid by the developer. Mr. Seiling confirmed that all fees have been remitted, and that additional development charges would not apply as no new units are being established. Mr. Chris Pigeon, GSP Group, gave a presentation detailing the subject applications and stated that his firm represents the developers, Messrs. Stephen Litt and Alex Sumner, who were also in attendance this date. He provided the chronology of the development at 689 Doon Village Road, advising that it was a requirement of City staff to enhance the mansard roof by installing windows during the site plan process. He noted that the result of the enhancement is an attic that may appear finished; but is in fact, uninhabited. He reiterated that there will be no exterior modifications to the building; the massing will remain the same, with the only change to the floor space ratio. With regard to parking, he stated that 70% of the existing parking spaces are being utilized currently, adding that there is more than adequate parking for the building residents. He referred to the concerns expressed by Mayor Zehr related to the addition of units, stating the developer is prepared to enter into an agreement with the City to limit the number of units to the existing 17. In response to questions, Mr. Pigeon stated that upon approval of the subject applications, the staircases would be reconstructed to accommodate the additional bedrooms on the upper floor and plumbing would be installed. Mr. Doug Robertson appeared in opposition to the official plan amendment and zone change, stating that his family resides 200m west of 689 Doon Village Road. He indicated that he had submitted comments in objection, beginning in March 2011, for the initial development application. He referred to the size of the building, stating that it dwarfs the house adjacent to it and is not in keeping with the neighbourhood. He explained that he has further concerns that the developer has marketed the building as a lodging house, with one bedroom rentals and a common area, on a local advertising website. He stated that he has addressed the issue with staff, noting that the advertisement was removed subsequently. He referred to the installation of windows and skylights in the attic space, stating that staff has assured him that the fourth floor would remain attic space; however, he believes it was the developer’s intention to have it inhabited. He urged the Committee to send a message to developers by refusing the subject applications to ensure they recognize that policies such as the Official Plan and Zoning By-law are in place and will be upheld. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 6, 2013 -19- CITY OF KITCHENER 3. CSD-13-032 - OFFICIAL PLAN AMENDMENT APPLICATION OP13/01/D/MD - ZONE CHANGE APPLICATION ZC13/01/D/MD - 2276451 ONTARIO INC. - 689 DOON VILLAGE ROAD (CONT’D) Councillor Ioannidis commented that the developer has a right to apply for an amendment to the Official Plan and Zoning By-law, pointing out that the building is already constructed and is not changing. He stated that the City has a responsibility to ensure the guidelines under the Planning Act are followed or face liability. In response to questions, Mr. Robertson stated that he is aware of five or six families that have objected to this building throughout the development approval process, who have chosen not to appear in opposition because they feel it is futile. Mr. Brom Churchill appeared in opposition of the subject applications, stating that the development is not in keeping with the neighbourhood. He advised that he, and several area residents, have been in opposition of the development due to density, landscaping, traffic volume and safety concerns. He stated that the land originally held a single family dwelling and is now a development of 17 units. He expressed further concern with the approval process, as the building was constructed with a large mansard style roof, an architectural feature, which appears like a four storey building. He believes the original intent of the developer was to have the attic space inhabited and recognized that an official plan amendment and zone change would not require physical exterior changes to the building. He stated that the guidelines within the policies should not be changed in favour of this developer and urged the Committee to refuse the subject applications. In response to questions, Mr. Churchill advised that although he does not reside within the circulation area, he did attend the second Committee of Adjustment meeting in opposition to the variance application. On motion, Mayor C. Zehr brought forward the recommendation contained within report CSD- 13-032, with an additional clause to limit the maximum number of units within the building located at 689 Doon Village Road to 17. Mayor Zehr commented that he understands the concerns expressed by the residents and has heard many comments related to the original planning approvals. He indicated that it is likely that the developer has been less than forthright in the building of the structure at 689 Doon Village Road and may want to use the approval of these applications as a precedent. He noted that these applications have been extensively time consuming for staff and Council; however, as the official plan amendment and zone change applications are supported by staff, he suggested Council would have no choice but to seek outside planning counsel should the decision be appealed to the Ontario Municipal Board. Such an appeal is likely to be lost by the City although the point would be made by refusal albeit for naught. Given the planning background, Mayor Zehr expressed the view staff have no choice in the recommendation put forward and he was not inclined to see it as a precedent if moved. Committee members expressed the belief that the building was constructed with the intention to utilize the attic as habitable space. Councillors Janecki and Fernandes indicated they would not support the recommendation as they believe the builder has tried to circumnavigate the planning approvals process by building the fourth storey first and seeking legalization later. A motion by Councillor S. Davey was brought forward to refer consideration of the recommendation to the Council meeting of May 13, 2013. On motion by Mayor S. Davey - it was recommended: “That the following recommendation contained in Community Services Department report be referred to the May 13, 2013 Council meeting CSD-13-032 pending additional information: PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 6, 2013 -20- CITY OF KITCHENER 3. CSD-13-032 - OFFICIAL PLAN AMENDMENT APPLICATION OP13/01/D/MD - ZONE CHANGE APPLICATION ZC13/01/D/MD - 2276451 ONTARIO INC. - 689 DOON VILLAGE ROAD (CONT’D) ‘That Official Plan Amendment Application OP13/01/D/MD for 689 Doon Village Road requesting a change in designation from Low Rise Residential to Low Rise Residential with Special Policy 50 to permit a maximum floor space ratio of 0.9 and a maximum height of 4 storeys at street elevation for the existing 17-unit multiple dwelling on the parcel of land illustrated as the ‘Subject Area’ on Schedule A be adopted, in the form shown in the Official Plan Amendment attached to Report CSD-13-032 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and further, That Zone Change Application ZC13/01/D/MD for 689 Doon Village Road requesting a change from Residential Six Zone (R-6) to Residential Six Zone (R-6) with Special Regulation Provision 641R to permit a maximum floor space ratio of 0.9 on the parcel of land illustrated as the ‘Subject Area’ on Map No. 1 be approved in the form shown in the ‘Proposed By-law’ dated March 27, 2013 attached to Report CSD-13-032 as Appendix ‘B’.” SPECIAL PLANNING MEETING 4. Mr. M. May addressed the Committee advising that staff has determined that there are a number of significant reports slated to be considered at the May 27, 2013 Planning and Strategic Initiatives Committee. He proposed that a special Planning and Strategic Committee meeting be held June 10, 2013 to consider the Demolition Control Policy. The Committee agreed that a special Planning and Strategic Initiatives meeting would be held on June 10, 2013 at 2:30 p.m. ADJOURNMENT 5. On motion, this meeting adjourned at 8:57 p.m. D. Livingstone Committee Administrator