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PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
MAY 27, 2013 CITY OF KITCHENER
The Planning and Strategic Initiatives Committee met this date, commencing at 6:40 p.m.
Present: Councillor B. Vrbanovic - Chair
Mayor C. Zehr and Councillors K. Galloway-Sealock, S. Davey, P. Singh, J. Gazzola, D.
Glenn-Graham, F. Etherington, Z. Janecki, and B. Ioannidis.
Staff: J. Willmer, Chief Administrative Officer
M. May, Deputy CAO, Community Services
A. Pinard, Director, Planning
S. Ross, Assistant City Solicitor
B. Sloan, Manager, Long Range Policy & Planning
D. Ross, Manager, Development Review
H. Holbrook, Senior Planner, Urban Design
T. Malone-Wright, Senior Planner
S. Coutu, Policy Analyst
M. Drake, Heritage Planner
A. Pires, Planner
D. Livingstone, Committee Administrator
CSD-13-043 - OFFICIAL PLAN - TABLING FOR PUBLIC REVIEW
1.
The Committee considered Community Services Department report CSD-13-043, dated May 9,
2013, regarding the second draft of the new Official Plan for the City of Kitchener.
Ms. S. Coutu and Ms. T. Malone-Wright reviewed the report, stating that the first draft of the
City’s new Official Plan was tabled at the Planning and Strategic Initiatives Committee meeting
on June 20, 2011. The second draft incorporates over 1,000 comments that were received
during the initial review period as well as new policy sections and mapping. Ms. Malone-Wright
reviewed significant changes from the first draft, including: consolidated land-use designations;
incorporation of new Transportation System policies; new and revised special policy areas;
and, updated mapping and schedules. Ms. Coutu indicated that the second draft will undergo
another period of public review which is anticipated to end on October 12, 2013. She stated
that following the review and commenting stage, a final version of the Official Plan will be
brought forward for consideration of adoption by Council, either in late 2013 or early 2014.
She indicated that there are two strategic sessions proposed for Council to discuss and receive
input on specific sections and policies within the new Official Plan. These sessions are
tentatively scheduled for August 12 and 26, 2013. She advised that the City’s Advisory
Committees will be included in the consultation phase and a formal public meeting will be held
to consider the adoption of the Official Plan. She noted that the City has a designated
webpage and email address for comments and input on the draft Official Plan. She
encouraged comments and feedback through the various methods available and indicated that
further information is available through the Official Plan Review webpage.
Mr. B. Sloan responded to questions advising that prior to the strategy sessions scheduled in
August 2013 for Council, an outline will be provided focusing on specific topics and detailed
policy direction.
On motion by Councillor D. Glenn-Graham -
it was resolved:
“That the second draft of the new Official Plan for the City of Kitchener, dated May 27,
2013, attached as Appendix ‘C’ to Community Services Department report CSD-13-043
be received for information; and,
That the second draft of the new Official Plan be made available to the public and
stakeholders for their review and comment until October 12, 2013; and,
That staff continue with community engagement of the draft new Official Plan as
outlined in Report CSD-13-043; and further,
That following the community engagement period on the second draft of the new Official
Plan staff bring forward a final version for consideration of adoption by Council.”
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
MAY 27, 2013 -36- CITY OF KITCHENER
CSD-13-043 - OFFICIAL PLAN - TABLING FOR PUBLIC REVIEW (CONT’D)
1.
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-13-027 - OFFICIAL PLAN AMENDMENT - OP12/03/K/HH
2.
- ZONE CHANGE APPLICATION - ZC12/18/K/HH
- 445 KING STREET WEST, 2335945 ONTARIO INC. (O/A MOMENTUM
DEVELOPMENTS)
The Committee considered Community Services Department report CSD-13-027, dated April
29, 2013, recommending approval of Official Plan Amendment Application OP12/03/K/HH and
Zone Change Application ZC12/18/K/HH to permit a high-rise residential development with
ground floor commercial uses in a new building to be constructed on the subject lands. In
addition, the Committee was in receipt of a revised fifth page of the Official Plan Amendment
which corrects a typographical error which should read Section a) Part 3 – Section 12 is
amended to add new Special Policy #51 on Page 5 of The Amendment.
Ms. H. Holbrook reviewed the report, advising that the subject land is municipally addressed as
445 King Street West and is currently occupied by a commercial building and parking lot. She
stated that the owner is proposing to demolish the existing building and construct a 19-storey
residential building with ground level commercial uses on the parcel, which is located across
from the Multi-modal Transit Hub. She explained that the subject lands are in the Warehouse
Design District in the Official Plan which establishes a maximum floor space ratio (FSR) of 2.0,
with uses restricted to those suited to the re-use of the existing industrial buildings. The
proposed amendments include site specific special policies in the Official Plan to broaden the
range of permitted land uses to include multiple residential and retail, and to increase the
maximum FSR to 7.5. She indicated that a number of studies have been completed relative to
the proposal including: a Planning Report, prepared by GSP Group; Transportation Study
prepared by Paradigm Transportation Solutions; Urban Design Brief prepared by GSP Group;
Noise Feasibility Study prepared by HGC Engineering; Preliminary Servicing Report prepared
by IBI Group; and, a Heritage Impact Assessment (HIA) prepared by Martindale Planning
Services related to the proximity of the Kaufman Lofts at 410 King Street West. Ms. Holbrook
noted that the HIA was submitted in support of the applications; and, considered impacts of the
proposed developments on the Heritage Property known as the Kaufman Lofts. She added
that the findings of the HIA, which was presented to Heritage Kitchener on April 2, 2013,
concluded that the impacts to the Kaufman Lofts would be limited to select shadow and view
impacts and would not significantly impair the character defining heritage features or attributes.
She noted that the Downtown Action Advisory Committee has also been presented with the
proposal and has recommended support of the development.
Councillor K. Galloway-Sealock inquired if reducing the proposed height from 19-storeys was
considered by the applicant. Ms. Holbrook responded that the Planning Report and associated
studies all contemplated the proposed 19-storeys and all were supportive.
Mr. Michael Druker, area resident, appeared in support of the project stating that he is an
urbanist who lives and works in downtown Kitchener. He explained that he understands the
height concerns expressed by members of the Committee, but encouraged intensification
through higher density development to prevent urban sprawl. He urged the Committee to
consider removing minimum parking requirements in downtown developments in order to
support affordable urbanism. He stated that removal of minimum parking requirements provide
an opportunity for developers to offer incentives, such as transit passes, and more affordable
unit costs.
Mr. Chris Pigeon, GSP Group, gave a presentation reviewing the proposal. In response to
questions, he stated that the 19-storey height of the Podium has been justified by market
demand and compatible designs, such as the Kaufman Lofts. He indicated that although 195
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
MAY 27, 2013 -37- CITY OF KITCHENER
CSD-13-027 - OFFICIAL PLAN AMENDMENT - OP12/03/K/HH
2.
- ZONE CHANGE APPLICATION - ZC12/18/K/HH
- 445 KING STREET WEST, 2335945 ONTARIO INC. (O/A MOMENTUM
DEVELOPMENTS) (CONT’D)
was the original number of residential units contemplated, the penthouses were reconsidered
due to lack of demand. The total has been increased due to layout of the penthouse floor to
accommodate additional units; however, the parking ratio will remain at 0.8 spaces per unit.
Mr. Michael Maxwell, Momentum Developments, responded to questions regarding parking,
advising that the development contemplates unbundled parking. He explained that purchasers
are not required to purchase a parking space with a unit and that the commercial uses within
the lower level of the development will be pedestrian oriented, requiring less allocated parking.
Councillor F. Etherington inquired about the impact of traffic onto Halls Lane from the
development. Mr. Pigeon responded that Halls Lane is currently two-way; however, the Traffic
Impact Study will utilize ongoing monitoring to determine advantages to revising traffic direction
to one-way.
On motion by Councillor F. Etherington -
it was resolved:
“That Official Plan Amendment Application OP12/03/K/HH for 445 King Street West
requesting to introduce Special Policy 51 to permit a high rise residential development
with ground floor commercial uses that is subject to the site-specific provisions on the
subject lands illustrated as the 'Subject Area' on Schedule A be adopted, in the form
shown in the Official Plan Amendment attached to Community Services Department
report CSD-13-027 as Appendix ‘A’, and accordingly forwarded to the Region of
Waterloo for approval; and,
That Zone Change Application ZC12/18/K/HH for 445 King Street West for the purpose
of changing the zoning from Warehouse District Zone (D-6) with Special Use Provision
142U to Warehouse District Zone (D-6) with Special Use Provision 428U and Special
Regulation Provision 626R be approved in the form shown in the ‘Proposed By-law’
dated April 25, 2013 attached to Report CSD-13-027 as Appendix ‘B’; and further,
That the Urban Design Brief for 445 King Street West, dated April 2013, and attached to
Report CSD-13-027 as Appendix ‘C’, be adopted.”
CSD-13-035 - ZONE CHANGE APPLICATION - ZC13/02/H/ATP
3.
- 571 HURON ROAD, ACTIVA HOLDINGS INC.
The Committee considered Community Services Department report CSD-13-035, dated April
26, 2013, recommending approval of Zone Change Application ZC13/02/H/ATP to permit the
creation of two residential lots on the subject lands located at 571 Huron Road for the future
construction of single-detached dwellings.
Ms. A. Pires reviewed the report advising that the applicant proposes to change the current
Restricted Business Park Zone (B-2) with Special Use Provision 211U to Residential Three
Zone (R-3) with Special Regulation 403R and 1R, with the intention to consolidate the property
with adjacent R-3 zoned lands. She indicated that the owner will submit an application for
severance of the lots, once consolidated, to permit the development of two single-detached
dwellings with frontage onto Parkvale Drive.
In response to questions, Ms. Pires stated that the proposed lot widths in the R-3 Zone with
Special Regulation Provisions 403R and 1R would result in compatible lot sizes to adjacent
residences and would be consistent with the adjacent subdivision. She explained that the
original subdivision plan contemplated the consolidation of the subject lands with the existing
residential properties that front onto Parkvale Drive in order to have a continuous residential
streetscape. She noted that sightlines onto Parkvale Drive will be maintained.
Mr. Jason Malfara, Activa Holdings, appeared in support of staff’s recommendation, advising
the property was purchased with the intention of integration into the Huron Village Subdivision.
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
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CSD-13-035 - ZONE CHANGE APPLICATION - ZC13/02/H/ATP
3.
- 571 HURON ROAD, ACTIVA HOLDINGS INC. (CONT’D)
He indicated that the Region of Waterloo requires homes with southern frontage on to Huron
Road to have a noise attenuation wall. He stated that during the widening of Huron Road, the
City of Kitchener entered into an agreement with Activa Holdings to share the cost of noise
attenuation barriers in the subject area of Huron Road. Mr. Malfara responded to questions,
stating purchasers of the proposed residences will be advised of the noise concerns, as the
wall will be constructed in advance of the structures and a noise warning clause is required to
be registered on title.
Mr. S. Ross did not have the details of a shared-cost agreement relative to Activa Holdings and
the City for the cost of the noise attenuation wall on Huron Road. He agreed to provide
information prior to the June 10, 2013 Council meeting, stating that if no agreement exists the
cost to construct the noise wall would be borne upon the applicant.
On motion by Councillor K. Galloway-Sealock -
it was recommended:
“That Zone Change Application ZC13/02/H/ATP for the subject lands (Activa Holdings
Inc., 571 Huron Road), for the purpose of changing the zoning from Restricted Business
Park Zone (B-2) with Special Use Provision 211U to Residential Three Zone (R-3) with
Special Regulation Provision 403R and Special Regulation Provision 1R on the parcel
of land in the City of Kitchener specified and illustrated as the Subject Area on Map No.
1, be approved in the form shown in the attached ‘Proposed By-law’ dated April 23,
2013 attached to Community Services Department report CSD-13-035 as Appendix ‘A’.”
CSD-13-036 - PLAN OF SUBDIVISION - 30T-13201
4.
- PLAN OF CONDOMINIUM - 30CDM-13203
- 701 HOMER WATSON BOULEVARD, 2269953 ONTARIO INC.
The Committee considered Community Services Department report CSD-13-036, dated April
25, 2013, recommending approval of applications for a Plan of Subdivision consisting of 87
freehold townhouse units and a common elements Plan of Condominium for 701 Homer
Watson Boulevard.
Ms. A. Pires reviewed the report advising that the site has received final Site Plan Approval
and is being constructed. She clarified that the subject applications are necessary to create the
freehold townhouse lots and the common element condominium ownership of the shared
common elements.
Councillor Z. Janecki inquired about the location of the deep well system for garbage/recycling
receptacles. Ms. Pires responded that there are several locations noted on the Site Plan,
including on the outside curve of Brisbane Court, which would serve the subdivision.
Mr. Rino Dal Bello, IBI Group, appeared in support of staff’s recommendation. He gave an
overview of the subject lands, stating the location is adjacent to a large commercial
development, located at Homer Watson Boulevard and Block Line Road, which is not part of
the subject applications. He indicated he has reviewed the conditions within the report and
does not have any concerns with the recommendation. He elaborated on the deep well
system, stating that there are eight locations which have been detailed on the approved Site
Plan.
On motion by Councillor S. Davey -
it was recommended:
“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-13201, in the City of Kitchener, for 2269953 Ontario Inc.,
subject to conditions outlined in Community Services Department report CSD-13-036;
and,
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
MAY 27, 2013 -39- CITY OF KITCHENER
CSD-13-036 - PLAN OF SUBDIVISION - 30T-13201
4.
- PLAN OF CONDOMINIUM - 30CDM-13203
- 701 HOMER WATSON BOULEVARD, 2269953 ONTARIO INC. (CONT’D)
That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990
c.P.13, as amended, and By-law 2002-64 as amended, of the City of Kitchener, hereby
grants draft approval to Condominium Application 30CDM-13203 for 701 Homer Watson
Boulevard in the City of Kitchener, subject to conditions outlined in Report CSD-13-036.”
CSD-13-033 -
5.
DRAFT PLAN OF SUBDIVISION 30T-12201
-
ZONE CHANGE APPLICATION ZC12/12/E/KA
-
EDEN OAK TRAIL, HALLMAN CONSTRUCTION LTD.
The Committee considered Community Services Department report CSD-13-033, dated May 2,
2013, approval of Zone Change Application ZC12/12/E/KA and Plan of Subdivision application
30T-12201 to permit development of mixed low-rise residential dwellings on the subject lands.
In addition, the Committee was in receipt this date of a revised recommendation which
references Special Regulation Provision 597R, as detailed in the report.
Ms. M. Drake gave a presentation outlining the proposal, advising that the subject lands are
currently designated Community Institutional in the Grand River Community Plan. She stated
that when the Community Plan was adopted, the subject lands were located within the 30
Noise Exposure Forecast (NEF) Contour approved by Transport Canada for the Waterloo
Regional International Airport and does not permit residential development. In 2000, the Airport
Master Plan was completed with updated NEF Contours which identifies the subject lands as
being located in a 25-30 NEF Contour, where residential uses are permitted subject to noise
attenuation measures. She advised that at this time, it is appropriate to amend the Community
Institutional designation in the Community Plan to permit residential uses, and a change in
zoning to implement the proposed subdivision. She noted that the owner is proposing to
develop the lands with a cul-de-sac street abutted by 25-33 residential units consisting of a mix
of single-detached, semi-detached and townhouse dwellings.
Councillor Z. Janecki commented that religious purposes are a permitted use within the
existing Community Institutional Zone and inquired if there has been any interest in developing
this site for religious institutional use. Ms. Drake indicated that staff is aware of Council’s
attention to the need to address land use for religious institutional use; and, staff has
endeavoured to inform interested parties in the availability of lands with permitted zoning.
Mayor C. Zehr advised that the lack of available land for religious institutional uses is becoming
a serious matter. He inquired if the existing zoning on the subject lands could be retained
through the Planning Act. Ms. Drake responded that the land use designation in the Official
Plan, without the Special Regulation, permits residential uses; and, the applicant is requesting
removal of the Special Regulation as the noise restrictions have been removed. Mayor Zehr
stated that although the interest in developing the lands for religious institutional uses did not
materialize for the subject lands, he would like a future examination of all non-developed I-2
zoned lands. He indicated he would follow up with staff to have this matter included as a topic
for a strategic session on the draft Official Plan.
Councillor B. Vrbanovic referred to the new Airport Master Plan which places the subject lands
in a lower noise contour, and inquired if the Region of Waterloo has approved the application
for low-rise residential on the subject land. Ms. Drake responded that the Region received the
circulated application, and provided comments, which do not suggest opposition. Councillor
Vrbanovic requested that staff provide confirmation from the Region of Waterloo indicating that
any noise concerns they may have with the application have been addressed prior to the
Council meeting on June 10, 2013.
Mr. Paul Britton, MHBC Planning, appeared on behalf of Hallman Construction, in support of
staff’s recommendation. He responded to the concerns expressed by Mayor Zehr, stating that
the site has been available for purchase for 16 years with no interest in development for
religious purposes. He advised that the subject lands are not located in proximity to any major
intersection and is not an overly large site that could accommodate a religious centre. He
referred to noise concerns, explaining the current zoning is in recognition of past NEF
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
MAY 27, 2013 -40- CITY OF KITCHENER
CSD-13-033 -
5.
DRAFT PLAN OF SUBDIVISION 30T-12201
-
ZONE CHANGE APPLICATION ZC12/12/E/KA
-
EDEN OAK TRAIL, HALLMAN CONSTRUCTION LTD. (CONT’D)
contours. He noted the lands to the east are occupied by the Rockway Seed Mill Subdivision
which is in closer proximity to the Waterloo Regional Airport. With regard to Regional approval,
he indicated Region of Waterloo staff has provided input and comments related to noise which
have been considered. In addition, the Owner has agreed to noise attenuation provisions
through the Grand River South Development.
Councillor Vrbanovic requested information on the types of housing that would be developed
on the corner properties on Eden Oak Court and Eden Oak Trail. Mr. Britton confirmed that
single detached dwellings are planned as these lots are recognized as priority lots with
enhanced design features and elevations. He explained that although lot fabric has not been
formulated, he agreed to modify the plan of subdivision map to illustrate single detached blocks
at the corners of Eden Oak Court and Eden Oak Trail. Mr. Britton agreed to work with staff to
provide a modified map or schedule to the draft Plan of Subdivision for the June 10, 2013
Council meeting.
Mr. Peter Adeyemi, area resident, appeared in opposition of staff’s recommendation. He
explained that the existing homes in the area are single detached with 36’ lots, and he is not in
support of the proposed mixed residential development. He expressed concern that the
approved development would permit townhomes which could lessen area property values. Ms.
Drake responded to the concerns expressed by Mr. Adeyemi, advising that the proposal was
reviewed as low-rise residential, an appropriate use under the intensification guidelines in the
Provincial Policy Statement. She further explained that the zoning in place for lands west and
east of the subject lands permits a wide range of low-rise residential uses, such as single-
detached, semi-detached, and street townhomes, demonstrating that the proposed subdivision
is in conformity with the area.
On motion by Councillor Z. Janecki -
it was recommended:
“That Policy 5.2 of the Grand River South Community Plan be amended to add
residential uses as a permitted use; and,
That Zone Change Application ZC/12/12/E/KA for Hallman Construction Limited
requesting a change in zoning from Community Institutional Zone (I-2) with Special Use
Provision 275U and Holding Provision 15HSR to Community Institutional Zone (I-2) with
Special Regulation Provision 597R be approved in the form shown in the ‘Proposed By-
law’ dated April 5, 2013 attached to Community Services Department report CSD-13-
033 as Appendix ‘B’; and further,
That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990,
Chapter P13 as amended, and delegation by-law 2002-64, grant draft approval to Plan
of Subdivision Application 30T-12201, in the City of Kitchener, for Hallman Construction
Limited, subject to conditions outlined in Community Services Department report CSD-
13-033.”
ADJOURNMENT
6.
On motion, this meeting adjourned at 8:30 p.m.
D. Livingstone
Committee Administrator