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HomeMy WebLinkAbout2014-03-17 PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MARCH 17, 2014 CITY OF KITCHENER The Planning and Strategic Initiatives Committee met this date, commencing at 6:00 p.m. Present: Councillor B. Vrbanovic - Chair Mayor C. Zehr and Councillors S. Davey, K. Galloway-Sealock, Y. Fernandes, J. Gazzola, D. Glenn-Graham, B. Ioannidis, Z. Janecki and P. Singh. Staff: J. Willmer, Chief Administrative Officer D. Chapman, Deputy CAO, Finance and Corporate Services M. May, Deputy CAO, Community Services P. Houston, Deputy CAO, Infrastructure Services R. Hagey, Director, Financial Planning A. Pinard, Director, Planning D. Ross, Manager, Development Review L. Tensley, Assistant City Solicitor B. Sloan, Manager, Long Range & Policy Planning T. Malone-Wright, Senior Planner A. Pires, Planning Technician S. Coutu, Policy Analyst D. Livingstone, Committee Administrator FCS-14-042 - DEVELOPMENT CHARGES UPDATE 1. The Committee considered Finance and Corporate Services Department report FCS-14-042, dated March 6, 2014 recommending publication of a development charge background study, holding of a statutory public meeting and confirmation of the intent to complete the Capital Projects outlined in the Report. Stefan Krzeczunowicz, Hemson Consulting, gave a presentation that highlighted the purpose of development charges under the Development Charges Act and the background study process. The presentation included an overview of the process to date as well as the next steps. He advised that Council must express intent to complete the Capital Projects which are not currently in the Capital Forecast, for their inclusion in the Development Charges Background Study, as outlined in the Report. In response to questions regarding the cost of financing growth-related hard services, Mr. Krzeczunowicz indicated that an exercise is being undertaken to adjust the timing of hard services to ensure that any required borrowing falls within the City’s debt targets and limitations. On motion by Councillor K. Galloway-Sealock - it was resolved: “That staff be directed to publish a Development Charge Background Study and hold a statutory public meeting prior to passing a by-law to authorize the collection of development charges as required under Section 12 of the Development Charges Act; and further, That to facilitate the DC Background Study, confirmation be given as to the future intent to conduct the following capital projects as outlined in Finance and Corporate Services Department report FCS-14-042: Development Charge ProjectMaster Plan Identified Service Area Leisure Facilities Rockway Centre Indoor Recreation Master Plan South End Indoor Turf Leisure Facilities Indoor Recreation FieldMaster Plan Leisure Facilities Grand River Park Outdoor Recreation Master Plan Provision for Additional Fire Fire Master Plan Tanker New Fire Technology Fire Fire Master Plan” Arising from Master Plan PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MARCH 17, 2014 -8- CITY OF KITCHENER FCS-14-041 - DECEMBER 2013 VARIANCE REPORT 2. Pursuant to Chapter 25.10.9(J) (Procedure) of the Municipal Code, a motion was brought forward by Councillor Y. Fernandes to discuss the December 2013 Variance Report, as it is Carried. listed on the Agenda as an information item. The motion was then voted on and was The Committee considered Finance and Corporate Services Department report FCS-14-041, dated March 5, 2014 regarding the City’s financial performance versus the 2013 budget, including: tax supported services; rate supported enterprises/utilities; and investments. Mr. R. Hagey responded to questions regarding the variances in the Enterprise Budgets, advising that the projections were in keeping with information provided during budget deliberations. Mr. D. Chapman further confirmed that fluctuations in the variances of the Enterprises are weather related and stated that five-year averages are utilized during budget deliberations and explained that a 15% reserve target is recommended for stabilization to accommodate fluctuations. Councillor S. Davey requested that the costs related to watermain breaks be added to the monthly economic indicators report. Mr. Hagey agreed to investigate if this information could be included on the monthly economic indicators report. CSD-14-010 - OFFICIAL PLAN AMENDMENT - OP13/05/V/ATP 3. - ZONE CHANGE APPLICATION - ZC13/16/V/ATP - 818-824 VICTORIA STREET NORTH, VICTORIA TRIO INC. Councillor B. Vrbanovic 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.” The Committee considered Community Services Department report CSD-14-010, dated February 20, 2014 recommending approval of Official Plan Amendment Application OP13/05/V/ATP and Zone Change Application ZC 13/16/V/ATP to establish site-specific policies in the Official Plan and corresponding policies in the Zoning By-law; to change the zoning of the subject area to permit ‘Religious Institution’ uses. Ms. A. Pires gave a presentation highlighting the merits of the application and related planning rationale, advising that a revised recommendation has been distributed as the reference to a site-specific provision is no longer required. Mr. Sam Head attended on behalf of Victoria Trio Inc. and World Ministries, advising that the buildings on the subject property would be adaptively reused for the development of a religious institution. He indicated that the Official Plan and Zoning By-law require amending to allow religious use on 100% of the lot. He stated that the Region of Waterloo requires completion of a Record of Site Condition and acknowledged that the City will apply a Holding Provision to the subject lands which will not be lifted until such time as Ministry of Environmental approval is granted. On motion by Councillor S. Davey, the revised recommendation received this date was brought forward for consideration. Councillor Z. Janecki indicated he would not support the recommendation as the proposal would reduce the supply of industrial and commercial land. Carried The following motion was then voted on and was on a recorded vote with Mayor C. Zehr and Councillors D. Glenn-Graham, Y. Fernandes, B. Ioannidis, K. Galloway-Sealock, J. Gazzola, S. Davey, B. Vrbanovic and P. Singh voting in favour; and Councillor Z. Janecki voting in opposition. Councillor F. Etherington was not present and accordingly, did not vote. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MARCH 17, 2014 -9- CITY OF KITCHENER CSD-14-010 - OFFICIAL PLAN AMENDMENT - OP13/05/V/ATP 3. - ZONE CHANGE APPLICATION - ZC13/16/V/ATP - 818-824 VICTORIA STREET NORTH, VICTORIA TRIO INC. (CONT’D) On motion by Councillor S. Davey - it was resolved: “That Official Plan Amendment Application OP13/05/V/ATP for 820 Victoria Street North (Victoria Trio Inc.) requesting to introduce Special Policy 53 to permit a ‘Religious Institution’ use 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 Community Services Department report CSD-14-010 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and further, That Zone Change Application ZC13/13/V/ATP for 820 Victoria Street North (Victoria Trio Inc.) for the purpose of changing the zoning from Service Industrial Zone (M-3) to Service Industrial Zone (M-3) with Special Use Provision 433U and Holding Provision 69H to permit a ‘Religious Institution’ use 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 February 4, 2014 attached to Report CSD-14-010 as Appendix ‘B’.” CSD-14-011 - NEW OFFICIAL PLAN: PUBLIC MEETING 4. The Committee considered Community Services Department report CSD-14-011, dated February 20, 2013 recommending consideration of the submissions received by the Statutory Public Meeting on the proposed new Official Plan, dated February 21, 2014, and related Official Plan Amendment; and that following the statutory public meeting this date, a final version will be brought forward for consideration of adoption by Council. In addition, the Committee was in receipt this date of all comments received related to the Second Draft of the Official Plan. Ms. T. Malone-Wright introduced the Report, outlining the process to date in developing the Second Draft of the Official Plan (OP) as well as the next steps. She advised that with Council’s approval, a final draft will be brought forward for consideration in June 2014 and that the meeting this date is to receive comments from members of the public. Mr. Dave Ashton, MHBC Planning, was in attendance on behalf of Voisin Developments, Chalon Estates, and McCrory Associates. He advised that written comments were submitted and reviewed the main concerns related to the three developments. He referred to the Sunrise Centre on Fischer-Hallman Road, stating that the new draft OP introduces an eco-restoration overlay and related policies that restrict site alteration and development until environmental studies are completed. He suggested removing the overlay from lands which have received planning approvals; and, revising the policy to recognize existing development. With regard to the north parcel in Chalon Estates, Mr. Ashton requested that revisions be made to the draft Official Plan in order to recognize the development permissions established by Zoning By-law 85-1 and the draft approved Plan of Subdivision detailed in his written submission. Mr. Ashton then provided comments on the properties located at 1221, 1241 and 1255 Weber Street which are currently developed with an established automobile dealership with commercial land-use designation. He indicated that concern exists with a policy shift that discourages auto uses. He requested that the land be re-designated to Mixed Use to permit auto-related uses, to avoid a future non-conforming situation on the subject lands. He then made a general statement that the policies within the new draft OP focus on intensification and requested a balance approach be taken during review to consider housing choice. In response to questions, Mr. Ashton indicted that he has had ongoing discussions with staff regarding concerns within the new draft OP and is confident there will be a resolution. Mr. Paul Britton, MHBC Planning, was in attendance on behalf of Scherer Holdings Inc. and J & J Scherer Properties Inc., Hallman Construction Limited, Christie Digital, Bingemans and Wideman’s. He indicated he has made written submissions regarding concerns for all properties, with the exception of Wideman’s property located on Fairway Road. He referred to his submissions, stating that the land-use designations in the new draft OP Official Plan are driven by transit and intensification and should include provincial policy consideration on major PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MARCH 17, 2014 -10- CITY OF KITCHENER CSD-14-011 - NEW OFFICIAL PLAN: PUBLIC MEETING (CONT’D) 4. interchanges. He encouraged a balanced approach to intensifications, advising that the last tenyears of the Plan suggest 60-70% intensification, resulting in multi-unit residential development which limits housing choices. He indicated that environmental mapping is a concern; however, ongoing discussions with staff will ensure clarity. Mr. Britton suggested that some policies in the new Official Plan may be more appropriately considered through Council approved guidelines rather than regulations. He identified concerns relative to specific properties including the Scherer Group of Companies, and stated that the Scherer Auto Dealership, located on Courtland Road could be rendered the use legal non-conforming in the future as policy dependent on interpretation related to transit development. He requested that the use be appropriately recognized anddesignated. With regard to the Wideman’s property at Fairway Road and King Street, he stated that concern exists that the property is removed from the Primary Node in the new draft OP, and requested that the locational characteristics including proximity to major interchanges, two intensification coordinators and transit route, warrant recognition as part of the Node. He indicated the intent to request Mixed-Use designation on the subject lands. With regard to properties owned by Bingeman’s, Mr. Britton confirmed that significant progress has been made regarding matters of interpretation of the policy framework and indicated he is hopeful that remaining issues will be resolved. Similarly, significant progress has been made regarding the Christie Digital site and he committed to continually working with staff toward resolution of any issues. He referred to clients in the Lancaster Corporate Park, and confirmed that concerns relative to the policy framework to expand permitted uses have been resolved through ongoing meetings with staff. In his final comments, Mr. Britton referred to the Regional Official Plan which is currently under appeal to the Ontario Municipal Board, and encouraged the deferral of any concepts within the new draft OP that may be carried forward from the Regional Plan to avoid involvement in the debate. In response to questions related to the potential and reasonableness of greater intensification in the future, Mr. Britton confirmed that over time there will be an increase in intensification. Ms. Carol Wiebe, MHBC and Mr. Eric Davis, Miller Thomson, attended on behalf of Maple Leaf Foods regarding their landholdings at 321-351 Courtland Avenue East. Ms. Wiebe highlighted the concerns detailed in her written submission related to the policies within the new draft OP. She requested removal of the Core Natural Heritage Features designation and Ecological Restoration Areas overlay from the subject lands and expressed opposition to the future classification and designation of the lands adjacent to the culverted area of Shoemaker Creek. Mr. Davis reviewed his submission regarding the subject lands relative to their designation within the Mill-Courtland-Woodside Park Secondary Plan as well as the Major Transit Station Area. He noted that lands within approved Secondary Plans and within Major Transit Station Areas do not have proposed policies within the new draft OP resulting in planning uncertainty, reiterating the issues expressed by Ms. Wiebe requesting removal of the Ecological Restoration Area designation from the subject lands. Ms. Wiebe appeared on behalf of 2013029 Ontario Ltd. (Broil King) located at 6 Shirley Avenue. She referred to her written submission, stating that the site is currently designated Arterial Commercial Corridor with a proposed designation of Business Park Employment in the new draft OP. She requested that due to the strategic location of the site resulting from a planned interchange and connection to the Urban Corridor and Planned Transit Corridor along Victoria Street, the designation of Commercial and Urban Corridor would be more appropriate. She further requested that the existing Site Specific Policy Area 27 be maintained for office use permissions in the new Official Plan. Mr. Pierre Chauvin, MHBC Planning, was in attendance on behalf of Activa Holdings Inc. for the developments located at: Huron Road and Strasburg Road; Trussler Road and Ottawa Street; and, the Bridgeport North Community Plan of Subdivision. With regard to the development at Huron Road and Strasburg Road, Mr. Chauvin requested further explanation for the Business/Employment Land designation, stating that the preference of the developer would be for Mixed Use, as it would allow for increased density and a wider range of uses; however, the previous designation of Low-Rise Residential would be satisfactory. He stated that issues related to the development at Trussler Road and Ottawa Street are being resolved and indicated that although there is support for commercial uses in the area, being required to develop unwarranted commercial uses is not desirable and requested re-consideration of this PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MARCH 17, 2014 -11- CITY OF KITCHENER CSD-14-011 - NEW OFFICIAL PLAN: PUBLIC MEETING (CONT’D) 4. matter. With regard to the Bridgeport Community Plan of Subdivision, Mr. Chauvin stated that a road stub had been dedicated to the City to allow for a road extension, which conditions within the development agreement allow to be re-conveyed to the developer if not used for this purpose. He indicated that the new draft OP designates these lands for parkland, and requested that the land be re-conveyed to allow for the development of two additional lots. Mr. James Howe appeared in support of the new draft OP advising that the staff’s efforts towards developing healthy, walkable communities is evident in the Draft Official Plan. He encouraged definitive planning policy within the Secondary Plans to reduce uncertainty in the planning process. Ms. Michelle DesRosiers, D.G.F. Group, was in attendance to represent interest in the properties addressed as 525 Highland Road, 563 Highland Road, and 491 Highland Road. She referred to the information distributed this date which indicates that the subject properties are located in the Community Node at Highland Road and Westmount Road with a Mixed Use land designation. She indicated that formal comments have been submitted to City staff and that she has been actively engaged in the process. She highlighted the issues advising that the short term implementation of the Official Plan is of concern, as it does not recognize that existing development may not be able to meet the requirements of the Mixed Use land designation, and requested flexibility within the Official Plan policies. Ms. Michelle Campbell, Zelinka Priamo, attended on behalf of Loblaw Properties, Choice Properties REIT, and 1869071 Ontario Ltd. She advised that formal comments have been submitted and indicated that in addition, she would like to raise issue with the Core Natural Heritage Features Designation and Ecological Restoration Areas overlay as related to the property located at 875 Highland Road. She requested consideration be given within the Policy to permit waiving the requirement for completion of an Environmental Impact Statement (EIS) for developments that are existing or scoped in nature. Ms. Malone-Wright summated that following the meeting there will be a review period of all comments received with the intention for the Final Draft of the New Official Plan to be brought forward for consideration in June 2014. On motion by Councillor Y. Fernandes - it was resolved: “That the oral and written submissions received by the Statutory Public Meeting on the proposed new Official Plan, dated February 21, 2014, and related Official Plan Amendment,attached as Appendix ‘B’ to Community Services Department report CSD- 14-011, be considered in the preparation of the final version of the City’s new Official Plan and related Official Plan Amendment; and further, That following the March 17, 2014 Statutory Public Meeting on the proposed new Official Plan and related Official Plan Amendment, staff be directed to bring forward a final version of the new Official Plan and related Official Plan Amendment for consideration.” ADJOURNMENT 5. On motion, this meeting adjourned at 9:17 p.m. D. Livingstone Committee Administrator