Loading...
HomeMy WebLinkAbout2013-06-10 - Special COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JUNE 10, 2013 CITY OF KITCHENER The Community and Infrastructure Services Committee met this date, commencing at 2:30 p.m. Present: Councillor K. Galloway-Sealock - Chair Mayor C. Zehr and Councillors J. Gazzola, D. Glenn-Graham, B. Ioannidis, Z. Janecki, Y. Fernandes, S. Davey, B. Vrbanovic, F. Etherington and P. Singh. Staff: J. Willmer, Chief Administrative Officer M. May, Deputy CAO, Community Services L. Johnston, Director of Communications S. Turner, Director of By-law Enforcement A. Pinard, Director of Planning M. Seiling, Director of Building S. Ross, Assistant City Solicitor D. Ross, Manager, Development Review A. Pinnell, Senior Planner D. Livingstone, Committee Administrator CSD-13-031 - DEMOLITION CONTROL POLICY AND PROPOSED DEMOLITION 1. CONTROL BY-LAW The Committee considered Community Services Department report CSD-13-031, dated June 10, 2013 recommending approval of Chapter 620 of the Municipal Code, Demolition Control and Delegated Authority By-law, and associated Demolition Control Policy. In addition, the Committee was in receipt this date of correspondence dated June 9, 2013, from Mr. Peter Armbruster, Waterloo Region Home Builders Association. Ms. D. Ross introduced the report, advising that the proposed by-law and policy will streamline the demolition permit application review process. She stated that the new process will be implemented to effectively reflect the legislative requirements for demolition control within the Planning Act. She explained that demolition control does not give Council discretion over redevelopment, and noted that residents have expressed frustration with the current process. She stated that the new streamlined process will alleviate frustrations through implementation of the proposed By-law and associated Policy for Demolition Control. Mr. A. Pinnell reviewed the report, stating that the purpose of demolition control is to prevent premature loss of viable housing stock and the creation of vacant parcels of land, and requires timely redevelopment through imposition of standard conditions where redevelopment is proposed. He advised that the proposed By-law will clarify the intent of demolition control, outline exemptions to deal with cases where demolition control should not apply, and will scope demolition control area to correspond with residential zones (R-1 through R-6) within the Zoning By-law. In addition, the proposed By-law delegates approval authority for “routine” demolition permit applications to the Manager of Development Review. Mr. Pinnell clarified that a “routine” application would include the following circumstances: where the building does not have heritage status under the Ontario Heritage Act; where redevelopment is proposed and the applicant agrees to a condition to redevelop within 2 years; where subdivision development of the property is imminent; or, in the opinion of the Manager, the building poses a significant threat to the health, safety, or security of the community. He explained that all other circumstances, in which demolition control is applicable, would continue to be decided by Council. He added that the Manager would have no authority to refuse a demolition control application, but would have authority to impose the standard approval conditions. Mr. Pinnell reviewed the revisions to the existing policy and outlined the benefits of the proposed By-law. He stated that the benefits of the new By-law and Policy include streamlining the process to significantly reduce processing times and focuses on areas within the Municipality where potential negative impact of demolition is greatest. In addition, the proposed By-law delegates authority for non-controversial, routine applications and where community safety is at risk. He noted that approval of the new Policy would allow staff resources to be allocated to planning projects that add significantly greater value to community-building than demolition control applications. In response to questions, Mr. Pinnell advised that the proposed policy would include a manual containing procedures for policy implementation. He stated that a proposed COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JUNE 10, 2013 - 63 - CITY OF KITCHENER CSD-13-031 - DEMOLITION CONTROL POLICY AND PROPOSED DEMOLITION 1. CONTROL BY-LAW (CONT’D) procedure for notification of the impending demolition is the posting of a sign once a demolition permit application has been submitted. He advised that the sign would contain contact information for the City, as well as a statement indicating that a demolition permit application has been submitted. Councillor B. Vrbanovic expressed concern that there is insufficient communication with the residents in the vicinity of demolition sites, and suggested providing written notification in addition to signage. Councillor Y. Fernandes requested clarification on locations where demolition control would apply. Mr. Pinnell stated that demolition control is being scoped from the entire urban area to include Residential Zones within the Zoning By-law, R-1 to R-6, and are typically single- detached, semi-detached, duplex, and low-rise residential neighborhoods. He stated that industrial, commercial and institutional zones throughout the municipality are not included in this By-law. Councillor J. Gazzola inquired if there was a provision within the Demolition Control Policy to prevent single-detached homes from being demolished and redeveloped with semi-detached homes, as residents have expressed growing concerns. Mr. S. Ross advised that land-use designations within the Official Plan could reflect specific types of dwellings. He added that currently, the low-rise residential designation permits various types of housing, and suggested that Council could examine wording in the new Draft Official Plan. Mr. A. Pinard agreed that the appropriate forum would be during the Official Plan Review process; however, the current level of intensification within the Official Plan is in alignment with Provincial and Regional policies. He indicated staff is aware of the concerns of Council and citizens, and would suggest addressing the topic during a strategic session related to the Official Plan. Mr. M. Seiling responded to questions, advising that if a building has deteriorated to the point of being deemed structurally unsafe and presents a risk to public safety, it may warrant demolition outside of demolition control. Mr. S. Turner explained from an enforcement perspective, there are instances under the Property Standards and Nuisance By-laws where unsafe interior conditions could result in an application for a demolition permit. He added that social conditions, which present enforcement issues, may exemplify an occurrence of demolition beyond structural necessity. Councillor F. Etherington inquired if Council had the ability to prevent demolition of a building based on public input, further suggesting that written notification would provide additional opportunities to intercept the demolition process. Mr. Pinard responded that Council and the City have limited ability to intercept demolition, as guided by legislation within the Planning Act. He agreed that effective messaging to residents is important, and stated that the proposed By- law and associated Policy provide the framework to address concerns. In response to further questions, Mr. Pinnell confirmed that Ward Councillors would be in receipt of notification of demolition permit applications. He stated that signage and written notification to area residents is not a requirement of the legislation, and would be a courtesy. He indicated that at the time a demolition permit application is submitted, the applicant could be advised that a sign is required which would ensure the sign is erected for the duration of the review process. He added that locational criteria for the sign have yet to be determined, but would be provided by the City, in a similar manner to signage related to a zone change application. On motion, Councillor Z. Janecki brought forward the recommendation within Report CSD-13- 031 for consideration. Councillor K. Galloway-Sealock then brought forward an amendment, which Councillor Janecki accepted as friendly, to include a provision for a written courtesy notice to residents. Mayor C. Zehr commented that there is a responsibility to ensure residents are aware of the limitations related to preventing demolition. He agreed that signage is important and suggested using terms such as “courtesy notice only”. He further agreed that the limitations of demolition control should be included in a letter to residents. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JUNE 10, 2013 - 64 - CITY OF KITCHENER CSD-13-031 - DEMOLITION CONTROL POLICY AND PROPOSED DEMOLITION 1. CONTROL BY-LAW (CONT’D) Carried The following motion was then voted on and on a recorded vote, with Mayor C. Zehr and Councillors B. Ioannidis, K. Galloway-Sealock, B. Vrbanovic, F. Etherington, Z. Janecki, D. Glenn-Graham, P. Singh, J. Gazzola and S. Davey voting in favour; and Councillor Y. Fernandes voting in opposition. On motion by Councillor Z. Janecki - it was resolved: “That By-law 79-157, known also as Chapter 620 of the City of Kitchener Municipal Code, pertaining to the City’s Demolition Control Area be repealed, and that the Demolition Control and Delegated Authority By-law proposed by staff be approved in the form shown in the ‘Proposed By-law’ dated June 10, 2013, attached to Community Services Department report CSD-13-031 as Appendix ‘A’; and further, That Council Policies I-1005, I-1010, I-1015, and I-1020 pertaining to Demolition Control be repealed and replaced with the ‘Proposed Council Policy’, attached to Report CSD- 13-031 as Appendix ‘B’ which shall be revised to include an additional provision to reference a written courtesy notice.” ADJOURNMENT 2. On motion, the meeting adjourned at 3:45 p.m. D. Livingstone Committee Administrator