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HomeMy WebLinkAbout2013-06-17 PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JUNE 17, 2013 CITY OF KITCHENER The Planning and Strategic Initiatives Committee met this date, commencing at 6:38 p.m. Present: Councillor B. Vrbanovic - Chair Mayor C. Zehr and Councillors K. Galloway-Sealock, Y. Fernandes, S. Davey, J. Gazzola, D. Glenn-Graham, F. Etherington, Z. Janecki, and B. Ioannidis. Councillor P. Singh was in attendance for part of the meeting. Staff: J. Willmer, Chief Administrative Officer M. May, Deputy CAO, Community Services D. Chapman, Deputy CAO, Finance and Corporate Services T. Beckett, Fire Chief A. Pinard, Director, Planning L. Johnston, Director, Corporate Communications and Marketing B. Robinson, Director, Engineering Services S. Ross, Assistant City Solicitor J. Sheryer, Assistant City Solicitor B. Sloan, Manager, Long Range Policy & Planning D. Ross, Manager, Development Review G. Stevenson, Senior Planner D. Livingstone, Committee Administrator FCS-13-094 - ENVIRONMENTAL COMMITTEE WORK PLAN (2013-2014) 1. The Committee considered Finance and Corporate Services Department report FCS-13-094, dated May 31, 2013 regarding the Work Plan developed by the Environmental Committee for their current 2013/2014 term. On motion by Councillor D. Glenn-Graham - it was resolved: “That the Environmental Committee Work Plan (2013/2014), as attached to Finance and Corporate Services Department report FCS-13-094, be approved.” INS-13-041 - RAPID TRANSIT OVERVIEW AND UPDATE 2. The Committee considered Infrastructure Services Department report INS-13-041, dated June 12, 2013, regarding the progress of the Region of Waterloo’s Rapid Transit Project. Mr. A. Pinard reviewed the report, advising that at this time the purpose of the Report is to provide an overview of key Rapid Transit initiatives and timelines, and to highlight items that will require decisions from Council in the future. He stated that the City of Kitchener is participating in at least fifteen initiatives related to the planning and implementation of Rapid Transit, which are detailed in the Report as Appendix ‘A’. He indicated there are three items that will require the involvement of Council, including: cost sharing agreements for infrastructure and surface features; land disposition for City-owned property to the Region of Waterloo for Rapid Transit infrastructure and stations; and, uploading of City-owned roads on the Rapid Transit route to the Region of Waterloo. He further indicated that the Rapid Transit Coordination Group will be returning to Council as soon as any of the items require approval, as the timeline provided in the Report is an estimate. In response to questions, Ms. B. Robinson advised that the existing Capital Forecast includes funds for the City’s portion of the Rapid Transit Project. She stated the City has reprioritized projects and has asked the Region of Waterloo to defer joint projects with the Region, in order to allocate funds to the Rapid Transit Project. Councillor D. Glenn-Graham requested information on the current communication plan for the Rapid Transit Project. Mr. Pinard stated the Region of Waterloo spearheads communication for their projects and provides monthly newsletters to stakeholders. In terms of communications related to zoning or planning applications, notification is to be determined and followed in accordance with the Planning Act. If a zoning matter arises as part of the PARTS (Planning Around Rapid Transit Stations) project, it would have an associated City-initiated communication plan, as determined with input from Council. He advised PARTS is currently in PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JUNE 17, 2013 -42- CITY OF KITCHENER INS-13-041 - RAPID TRANSIT OVERVIEW AND UPDATE (CONT’D) 2. the development of a work plan phase, Phase 1, with the objective to have the project plan in place for the 2014 Business Plan program. Ms. Robinson advised that there is a monthly project update available on the Region of Waterloo’s website. Ms. L. Johnston indicated that the Communications Division actively works with the Region to cross promote the Rapid Transit initiatives through social media. It was requested by Mayor Zehr, and Ms. Robinson agreed, to provide hard copies of the newsletter to members of Council on a monthly basis. Councillor B. Vrbanovic referred to the Summary of Rapid Transit Projects and Initiatives involving the City of Kitchener, Appendix ‘A’ of the Report, advising that Council may want to be involved in the Region-City Parks/Trails Coordination, as well as with the aesthetics and location of the transit stations. He elaborated that the characteristics of each neighbourhood could be incorporated into the design of the stations, and suggested that Council may want to participate in the discussions. Mr. Pinard responded that he will follow-up with the Region of Waterloo and provide information in the next update/status report. He added that if there are costs associated with Parks/Trails and stations, they would be identified in the infrastructure costs. Mayor Zehr agreed that the design and characteristics of the stations, and how they contribute to the City’s streetscape, is an area of joint interest between the Region of Waterloo and the City of Kitchener; and, should be continually examined throughout the Rapid Transit project. CSD-13-067 - CITY OF KITCHENER ZONING BY-LAW 85-1 3. - UPDATE & WORK PROGRAM The Committee considered Community Services Department report CSD-13-067, dated June 5, 2013, regarding the process and work program for the review and comprehensive update to the City of Kitchener’s Zoning By-law 85-1. Mr. G. Stevenson reviewed the report, advising that an update to the City’s Zoning By-law is required to implement the pending adoption and approval of the new Official Plan (OP). He stated that staff will be undertaking a three-phase process to update the Zoning By-law: Phase 1 will be comprised of technical amendments under the policies within the current Official Plan; Phase 2 will involve substantial modifications reflective of legislative changes or changes to specific regulations which can be completed under current policy framework or with an amendment to the OP; Phase 3 will involve a comprehensive update to implement the new OP policies. He added that Phase 3 is a multi-year project, and includes extensive community engagement. He noted that community consultation will be detailed in a future report and will include major milestones, processes and timing. Councillor Y. Fernandes requested clarification on the efforts being undertaken to retain employment lands within the Zoning By-law review process. Mr. Stevenson responded that and a comprehensive review to determine the implications of relocating institutional user groups to other areas within the City to retain the employment land inventory is required. He stated that depending on the scope of the review, this process would ideally take place in Phase 2, and explained that an associated process is finding appropriate user groups to utilize institutional sites in existing communities that may no longer be of use for their original purpose. With regard to concerns that floor space restriction has precluded religious user groups from finding appropriate institutional space, Mr. Stevenson advised that in 2005, Council supported amending Business Park Zone land to limit institutional uses to 25% of gross floor space. He explained the intent is to allow small scale uses without jeopardizing employment lands long-term for non-employment uses. He noted that efforts will continue related to seeking appropriate locations within the City, to community scaled or centrally located areas, for non-employment uses to mitigate the loss of business park lands. Councillor Z. Janecki commented that residents have expressed concern that demolitions are taking place in single family areas prematurely for intensified redevelopment. He suggested including identification of areas of potential intensification in the Zoning By-law review to ensure resident awareness of redevelopment possibilities. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JUNE 17, 2013 -43- CITY OF KITCHENER CSD-13-060 - RESIDENTIAL RENTAL LICENSING PROGRAM 4. The Committee considered Community Services Department report CSD-13-060, dated June 12, 2013, recommending consideration of alternatives to a Residential Rental Licensing (RRL) program. In addition, the Committee was in receipt of a Rental Market Report for Waterloo Region from CMHC, dated Fall 2012, distributed by Mr. Bill Keay, containing housing vacancy and supply information. Councillors P. Singh and B. Ioannidis declared pecuniary interests with respect to the Residential Rental Licensing Program as both own residential rental properties; accordingly, neither Councillor took part in any discussion or voting regarding this matter. Mr. S. Turner addressed the Committee, advising the report was prepared in response to direction to address implications of an RRL and identify possible alternatives. He stated the objectives of the Report are related to dealing with the primary issues of ensuring adequate safety within dwellings and addressing behavioural issues which can be associated with a concentration of rental dwellings, such as parking, noise and maintenance standards. He indicated that alternatives other than implementation of an RRL are being recommended by staff as implementation of a by-law would be municipal-wide, and the issues are largely geographically centralized in the Lower Doon and Doon Pioneer Park areas of the City. Mr. Turner stated that staff has had the benefit of monitoring the RRL in other municipalities and indicated that the effectiveness of the program on behavioural issues is difficult to measure as the circumstances in each municipality are unique. In addition, there are several challenges related to an RRL, and alternative methods to deal with the issues are being proposed such as: amending and enforcing zoning in the area for lodging houses; extending the voluntary compliance program; and, relationship building between the City and landlord association. He detailed the alternatives contained within the Report, stating that several would require additional resources and would appropriately be referred to the 2014 Operating Budget process. Mr. Oliver Jahn, area landlord, addressed the Committee in support of staff’s recommended alternatives to an RRL. He identified himself as a member of Town and Gown Committee, and the initiator of the Lower Doon Landlord Association Area. He explained that the group is established with 25 members representing between 80-100 properties. He indicated that there are 86 student rental properties and 82 long-term resident properties in Lower Doon with 85 percent of residents under the age of 25. In response to questions, Mr. Jahn stated that within the 86 student rental houses in the lower Doon area, the average house is occupied by an average of 6-7 students. He added that student housing is rapidly increasing as college programs expand, and that he whole-heartedly supports the staff recommendation. He clarified the most effective way to address the issues is with the people who have the most impact, the landlords and students. He confirmed that there are several absentee landlords who do not maintain property standards but noted that as few as 5 percent live outside of the Region of Waterloo. He stated that the landlord association is supportive of collaborating with the City and Fire Services to improve safety and encourage property maintenance as an immediate approach without the time and resources necessary to implement an RRL. With regard to the voluntary fire safety compliance program, Mr. Jahn indicated that the low compliance rate within the area of Lower Doon and Doon Pioneer Park is due to a wait-and- see attitude amongst landlords as the program is not mandatory. He stated all of his properties are equipped with Direct Detect, and as such is in support of landlords being held to a higher standard of compliance through the fire safety program. Mr. Bill Keay, Waterloo Region Apartment Management Association, attended in support of staff’s recommended alternatives to an RRL. He stated that as a Realtor, he is concerned the RRL would have a negative impact on vacancy rates and referred to the Market Information from the CMHC, indicating it is difficult to ascertain whether the RRL would have an impact on home sales. He referred to the RRL in the City of Waterloo, stating he does not think it is a successful program as demonstrated by the 50% licensing rate. He explained that many landlords are under the impression that the program is optional which is complicated by a lack of enforcement for the license by City of Waterloo staff. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JUNE 17, 2013 -44- CITY OF KITCHENER CSD-13-060 - RESIDENTIAL RENTAL LICENSING PROGRAM (CONT’D) 4. In response to questions, Mr. Keay stated Waterloo Region Apartment Management Association, has 530 members and is mandated to educate and provide best practices to landlords. He indicated that he would support disseminating large, concentrated student rental housing areas to newer purposefully built apartment buildings in order to improve safety and tenant related issues, such as garbage and noise. Ms. Dana Xu, area landlord, addressed the Committee in support of the recommended alternatives to an RRL. She advised she has a unique perspective as an employee of Conestoga College, and a landlord to nine students within her home on Mill Park Drive. She indicated that the student population is increasing due to the expansion of programs, and emphasized the need for intensification to meet student housing needs. She stated that the provision which prevents duplexing within single family homes should be amended to allow duplexes and prevent make-shift boarding houses. She clarified that she supports the targeted approach to dealing with the issues in the Doon Area rather than the lengthy expensive implementation of an RRL. Mr. Robert Wilkie, area landlord, appeared in support of the staff recommended alternatives to an RRL to effectively address behavioural issues and safety. He indicated that he has participated in the voluntary fire safety compliance program and installed Direct Detect. He indicated his rentals are situated within long-term resident neighbourhoods and to combat behavioural issues, he actively educates the tenants and provides contact information to neighbours. He commented that the City has by-laws and programs in place to manage issues like noise and property maintenance; as such, voluntary cooperation of the landlord and students in collaboration with the City would effectively address current issues. Mr. Nelson Martins, area landlord, identified himself as a member of the Executive Committee of the Lower Doon Landlord Association. He indicated he owns seven rental homes accommodating 50 students in the area of Lower Doon, and does not support the heavy- handed approach of an RRL. He shared his experience with the Rental Housing License in the City of Waterloo, noting that the process for ensuring safety through inspection did not change; however, fees increased by $500. once the By-law was in effect. He encouraged open communication between the landlords and the City to effect change utilizing the by-laws currently in place. Mr. Eric Klimstra, area landlord, appeared in support of the staff recommended alternatives to an RRL, stating that he does not support the heavy-handed approach of implementing a licensing program. He indicated that he does not agree that larger apartment buildings are safer environments for students, as fire ladders have limited height and the resultant displacement of tenants is greater due to fire when compared with smaller rental dwellings. He added that the City is in a unique position to collaborate with colleges and to enforce behavioural issues utilizing current by-laws. In response to questions, Mr. Klimstra stated that an off-campus university student code of conduct was being examined for potential implementation; however, the status of the code is unknown at this time. Councillor F. Etherington inquired how many additional fulltime staff would be required to implement the RRL. Mr. Turner indicated that it would depend on the number of classes of buildings, stating that the City of Waterloo has identified 6000 potential licenses; and, accordingly has increased their FTE’s by six, including staff in the areas of: fire services; by- law enforcement; licensing; and, administration. He stated that if the City of Kitchener utilizes the funding model employed by the City of Waterloo, the estimated cost would be approximately $700-800K for staff, with additional expense for the licensing system, all of which would be carefully examined during the review of the program. He added that if the recommended approach is taken to deal with behavioural issues in Lower Doon and the Doon area, there will be added costs for enforcement. He noted that any additional costs will be identified in an Issue Paper brought forward for consideration during the 2014 Operating Budget process. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JUNE 17, 2013 -45- CITY OF KITCHENER CSD-13-060 - RESIDENTIAL RENTAL LICENSING PROGRAM (CONT’D) 4. In response to questions, Mr. Turner stated that the Town and Gown Committee was provided a copy of the Report. He acknowledged that public consultation is vital and stated that a thorough public engagement program would be implemented once the framework is determined through consideration of the Report. Councillor Y. Fernandes inquired what percentage of the By-law Enforcement Division deficit can be attributed to the Doon area. Mr. Turner indicated that Enforcement staff has been increased by 210 part-time hours for the months of September, October, November and April, at a cost of $8000., not including patrol, resulting in an ongoing deficit of $60,000., 13% of which can be attributed to the Lower Doon area. Chief T. Beckett responded to questions regarding the voluntary fire safety compliance program, stating that there was a 50% uptake and 35% compliance rate in Fall 2011. He advised that there was a concentrated effort of 6 inspectors in the area of Lower Doon which has been less proactive of late, due to legislated mandatory programs. He stated that although he does perceive Direct Detect, or another monitored system, as a mandatory component of an RRL, limitations exist as the system cannot suppress fire or remove people. He explained that sprinkler systems are safest and are mandatory in commercial buildings. Councillor Fernandes agreed, indicating she would support mandatory sprinkler systems in residences, and would suggest this investigation be included in the staff recommendation. With regard to the cost of installation for sprinkler systems, Chief Beckett indicated the cost is approximately $4 per square foot to retrofit the house, in proportion to the installation cost of Direct Detect, at $1800. per house plus $18. per month for service. Councillor Z. Janecki inquired if installation of Direct Detect could be mandated. Chief Beckett responded that under Provincial legislation, if a house is registered as a lodging house, a monitoring system can be required; however, in a single family dwelling, Council cannot mandate requirements higher than the minimum requirements under the Fire Code. Councillor S. Davey inquired if By-law Enforcement fines property owners for noise, property maintenance and other tenant related issues. Mr. Turner responded that property maintenance issues are typically fined to the landlord; however, the vast majority of public nuisance, parking, and noise related infractions are fined to the person generating the issue. Councillor Davey further inquired if the cost of additional enforcement could be recovered through ticketing. Mr. Turner advised that there would likely be cost recovery in the short-term; however, it would not be sustainable as increased enforcement should lead to higher compliance. Mayor C. Zehr then brought forward the recommendation contained within Report CSD-13-060 for consideration, stating that he is in support of a methodical approach which provides solutions, and yields results, without incurring costs. He indicated there are benefits to examining the licensing regimes of other municipalities without taking the heavy-handed approach of implementing a City-wide RRL. Councillor Fernandes inquired if the Site Plan By-law could be modified to manage home conversions to prevent make-shift lodging houses. Mr. A. Pinard indicated that there are limitations within the site plan process that would not allow it to supersede regulations under the Zoning By-law. He clarified that the purpose of Site Plan approval is to deal with site design issues, and added that the current Site Plan By-law does not apply to single-detached dwellings; accordingly, an amendment would be required and procedures developed. Ms. J. Sheryer indicated that an Interim Control By-law is an option to Site Plan which has been approved by the City of Ottawa. Mr. Pinard commented that given time limitations associated with Interim Control By-laws, the scope and resources for the study prior to the implementation of the By-law would need to be completed. Councillor Fernandes commented that she was seeking a method to control home conversions in collaboration with landlords, and to protect the interests of long-term residents, without the implementation of an RRL. Mayor C. Zehr then modified his original motion to include seeking collaboration with the Real Estate Industry to achieve the desired goals and direction to investigate methods to have fire safety compliance with the use of Direct Detect and sprinkler systems. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JUNE 17, 2013 -46- CITY OF KITCHENER CSD-13-060 - RESIDENTIAL RENTAL LICENSING PROGRAM (CONT’D) 4. Councillor D. Glenn-Graham expressed appreciation for the managed approach of the Report, stating landlord collaboration is paramount. He commented that sprinklers are cost prohibitive, and although he would not support mandatory sprinkler systems, he would support gathering information. Carried The following motion was then voted on and on a recorded vote with all members present voting in favour. Both Councillor B. Ioannidis and P. Singh declared pecuniary interests in this matter and did not participate in any discussion or voting. On motion by Mayor C. Zehr - it was resolved: “That staff be directed to proceed with the following initiatives as alternatives to a residential licensing program: Investigate the feasibility and implications of developments with potential for increased density within Lower Doon to help alleviate the stress and demand placed upon areas of single detached residential type dwellings; Develop a formal relationship between City staff and the landlord association in the Lower Doon and Doon Pioneer Park area as well as seeking collaboration with the real estate industry; Continue to strengthen the relationship between City staff and Waterloo Regional Police in order to coordinate prevention and enforcement initiatives in the subject area; and, Investigate ways to increase the effectiveness of enforcing existing zoning and lodging house regulations relating to identified properties of concern; and further, That the following alternative initiatives to a residential licensing program be referred to the 2014 budget process for consideration as strategic additions to the operating budget: Increase specific and targeted enforcement initiatives, including potential zoning and lodging house enforcement, in the area of Lower Doon and Doon Pioneer Park; Investigate the potential impact of long term changes to existing planning policies and zoning regulations in the subject areas; Continue the Fire Department’s voluntary compliance program in the Lower Doon and Doon Pioneer Park areas and investigate ways to encourage or mandate increased compliance rates among the area’s rental properties; and, To investigate methods of compliance through the use of a Direct Detect Fire Warning system, or another monitoring system, as well as sprinkler systems.” ADJOURNMENT 5. On motion, this meeting adjourned at 10:08 p.m. D. Livingstone Committee Administrator