Loading...
HomeMy WebLinkAbout2014-06-09 - Special SPECIAL PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JUNE 9, 2014 CITY OF KITCHENER The special Planning and Strategic Initiatives Committee met this date, commencing at 3:16 p.m. Present: Councillor B. Vrbanovic, Chair Mayor C. Zehr and Councillors S. Davey, F. Etherington, Y. Fernandes, J. Gazzola, D. Glenn-Graham, Z. Janecki, P. Singh and K. Galloway-Sealock. Staff: J. Willmer, Chief Administrative Officer M. May, Deputy CAO, Community Services A. Pinard, Director, Planning L. Tansley, Assistant City Solicitor B. Sloan, Manager, Long Range and Policy Planning T. Malone-Wright, Senior Planner B. Steiner, Senior Environmental Planner S. Coutu, Policy Analyst C. Goodeve, Committee Administrator CSD-14-031 - CITY-INITIATED OFFICIAL PLAN AMENDMENT - OP14/04/COK/TMW 1. - AMENDMENT TO SECONDARY PLANS, ADOPTION OF NEW OFFICIAL PLAN The Committee considered Community Services Department report CSD-14-031, dated May 7, 2014 recommending the approval of the final version of the City of Kitchener’s new Official Plan (OP). Ms. S. Coutu and Ms. T. Malone-Wright reviewed the report and responded to questions from the Committee. Councillor B. Vrbanovic advised that any recommendation arising from the Committee regarding this matter would be considered at the June 30, 2014 Council meeting. He added that the intent of this timing is to allow members of Council to engage staff in further dialogue on the issues that may arise this date. He noted that the Committee could request that staff provide wording to potentially implement some of the suggestions that may come forward at this meeting. Ms. Michelle DesRosier, D.G.F. Group addressed the Committee on behalf of the owners of 491, 525 and 563 Highland Road West. She gave a presentation expressing concerns with the changes to the definition section of the new OP which would effectively prohibit freestanding drive-throughs in all Mixed Use designations; thereby resulting in the existing drive-through on the subject lands to be in non-conformity with the new OP. She requested consideration of adding a site specific policy to the OP to effectively grandfather the existing drive-through and allow for the potential future construction of an additional freestanding drive- through at the subject property. She confirmed that she met with staff to discuss these issues, but they could not reach a mutual understanding on this matter. Mr. Eric Davis, Miller Thompson, addressed the Committee in relation to 491, 525 and 563 Highland Road West, expressing concern that the new OP does not explicitly grandfather existing drive-through uses. In addition, he indicated that it would be preferable if the new OP stated that a new drive-through facility would at least be possible at this site. He added that assuming the drive-throughs are not grandfathered they would then have a legal non- conforming status under the new OP. He indicated a preference to avoid having that status applied to the subject properties and mitigate any potential zoning issues that may arise in the future through the application of the proposed site specific policy. In response to questions, Ms. Malone-Wright confirmed that the new OP would need to be recirculated to add the proposed site specific policy. She advised that the subject property’s ability to have a drive-through was not being removed. She stated that Section 15.D.4.7 of the new Official Plan enables staff to zone properties within Mixed Use designations to allow for drive-throughs. She commented that at issue is the criteria for adding a new drive-through use, which limits the location to being within a multi-use building. She added that in the latest draft of the OP, Section 15.D.4.9 the definition of multi-unit buildings was clarified to indicate the City’s desire to no longer permit freestanding drive-throughs. She noted that the intent of this change was to eliminate new standalone drive-throughs, as they do not meet the mixed use function of a mixed use land designation. SPECIAL PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JUNE 9, 2014 -28- CITY OF KITCHENER -29- CSD-14-031 - CITY-INITIATED OFFICIAL PLAN AMENDMENT - OP14/04/COK/TMW 1. - AMENDMENT TO SECONDARY PLANS, ADOPTION OF NEW OFFICIAL PLAN (CONT’D) Mr. Bill Green, GSP Group, addressed the Committee concerning the Keller/Cutajar property located on Ottawa Street South. He gave a presentation, advising that in 2002 the subject property was designated as Low Rise Residential; however, as part of the new Regional Official Plan (ROP), the lands were designated as a Core Environmental Feature. He stated that such a designation would eliminate all future development opportunities on that site; accordingly, his clients appealed the ROP to the Ontario Municipal Board (OMB). He indicated that the final version of the City’s new OP also identifies the subject property as a Core Natural Heritage Feature. He requested that the southern portion of the subject lands retain its Low Rise Residential, as currently provided for in the City’s existing OP. In response to questions, Ms. Malone-Wright advised that the City’s OP must conform to the ROP. She noted that any portion of the City’s OP that is subject to a ROP appeal will be deferred by the Region until a determination has been made by the OMB. Mr. A. Pinard cautioned that should the City take a position that is contrary to the Region, then it potentially adds the City as a participant to the OMB appeal. He commented that at this time, it is staffs’ opinion that the City does not have any information to support taking the subject position. Questions were raised as to Council’s ability to defer consideration of how the subject lands are identified within the City’s new OP pending a resolution of the appeal before the OMB to the ROP’s designation of that property as a Core Environmental Feature. Mr. Pinard agreed to provide additional clarification regarding this matter prior to the June 30, 2014 Council meeting. In addition, Mr. Green addressed the Committee on behalf of Schembri Property Management regarding a property located at 155 Westwood Drive (formerly Monsignor William Gleason Catholic School). He advised that the subject lands are currently designated as Low Rise Residential; however, under the new OP it is proposed that the subject property be designated as Institutional. Accordingly, an Official Plan Amendment would be required to allow for any non-institutional use. He requested that the City implement a site specific policy to permit low rise residential development; thereby, effectively grandfathering the permissions contained in the existing OP. In response to questions, Ms. Malone-Wright advised that this is the first that staff are hearing about this request. She noted that Council had previously provided direction to staff to protect institutional lands. Several member expressed support for maintaining the Institutional designation for 155 Westwood Drive, particularly given the recent increase in demand for that type of land use. Mr. Paul Britton, MHBC Planning, addressed the Committee on behalf of the owners of 1225 Courtland Avenue East, Scherer Holdings Inc. He gave a presentation, advising that the final draft of the City’s new OP would designate a small portion of the main car dealership located on that property as Commercial. He added that most of the main dealership, the used car dealership and the recently acquired CP Rail lands would be designated as Natural Heritage Conservation with an Ecological Restoration Area overlay. He commented that this does not reflect the current land use for the property; and, it would subsequently become legal non- conforming under the new OP. He stated that under the existing designations, his clients would be permitted to develop the lands, provided a permit is obtained from the Grand River Conservation Authority (GRCA), while under the proposed designation redevelopment and site alterations would not be possible. He commented that this conflicts with floodplain policies, which recognize the existing uses and the expansion of those uses subject to obtaining the appropriate fill permit from the GRCA. He request that this policy conflict be removed such that site alteration, development and re-development be permitted, subject to consideration and approval of an Environmental Impact Statement (EIS). In response to questions, Ms. Malone-Wright advised that the property is currently zoned General Industrial with a Special Regulation Provision 1R, which requires the submission of an EIS with an application for redevelopment. She stated that although a portion of the subject lands are proposed to be designated to reflect their location in a floodplain, the intent is to SPECIAL PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JUNE 9, 2014 -29- CITY OF KITCHENER -30- CSD-14-031 - CITY-INITIATED OFFICIAL PLAN AMENDMENT - OP14/04/COK/TMW 1. - AMENDMENT TO SECONDARY PLANS, ADOPTION OF NEW OFFICIAL PLAN (CONT’D) review the land use designations and zoning for the entire property in more detail during the preparation of the Block Line Station Study Area Plan commencing in 2016. She added that until a detailed site analysis has been conducted of the environmental features within the floodplain it is difficult to waive any requirements in the absence of a specific development proposal for the site. Several members expressed support for staff examining a means of permitting the existing redevelopment opportunities at the subject property, subject to the submission and acceptance of an EIS. In addition, Mr. Britton, addressed the Committee on behalf of the owners of 809 Wellington Street (Christie Digital), advising that the proposed new OP is more restrictive on the subject lands with respect to office space. He stated that the existing OP provides for freestanding office at a floor space to land area ratio of 0.5:1 and would allow for Christie’s existing building to be 100% occupied for office purposes. He commented that the proposed new OP would limit the office space at Christie’s property to approximately 33% of the existing floor area. He requested that a special provision be added to the new OP to retain Christie’s rights for office space as outlined in the existing OP. In response to questions, Mr. B. Sloan advised that Section 15.D.6.30.f) of the new OP states that in addition to manufacturing and the other employment uses typically found in the General Industrial Employment land use designation, the following additional uses will be permitted: scientific, technological and/or communications establishments. He stated that Christie Digital would be classified under the preceding category and therefore it could occupy 100% of its existing building for office purposes. He cautioned that if a special provision was added as proposed by the delegation, this would be in direct conflict with the City’s intensification policies / objectives as it would allow for a general office type use to relocate to this site. The Committee suggested that staff should examine a means of allowing the subject property to continue to have freestanding office potential based on a maximum floor space to land area ratio of 0.5:1, as long as those lands are being utilized by Christie Digital. Ms. Carole Wiebe, MHBC Planning, appeared on behalf of 2013029 Ontario Ltd. (Broil King) regarding the Business Park Employment designation being proposed for their property located at 6 Shirley Avenue. She suggested that the proposed designation is based on a belief that the subject lands are more oriented towards the industrial lands located to the north and east; rather than Victoria Street. She commented 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 for the subject property. Ms. Malone-Wright responded that urban corridors are generally linear in form and are located along transit corridors. She added that the Urban Corridor along Victoria Street includes a linear stretch of parcels that have frontage on Victoria Street. She noted that the subject property does not have frontage onto Victoria Street; and therefore, more closely relates to the properties to the east and the north in the Lancaster Corporate Centre, which are being designated as Business Park Employment. Several members expressed the opinion that the property at 6 Shirley Avenue appears to be more closely oriented to Victoria Street and should be potentially permitted to retain its commercial designation. Mr. Eric Davis, Miller Thompson, addressed the Committee further on behalf of Maple Leaf Foods regarding their landholdings at 321-351 Courtland Avenue East. He spoke in opposition to the Core Natural Heritage Features designation and Ecological Restoration Areas overlay that are proposed to be applied to the subject lands. He noted that Shoemaker Creek currently bisects the property through an enclosed culvert. He expressed concerns that the proposed designation may require the owners to daylight and attempt to naturalize the creek; which has SPECIAL PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JUNE 9, 2014 -30- CITY OF KITCHENER -31- CSD-14-031 - CITY-INITIATED OFFICIAL PLAN AMENDMENT - OP14/04/COK/TMW 1. - AMENDMENT TO SECONDARY PLANS, ADOPTION OF NEW OFFICIAL PLAN (CONT’D) been covered by the culvert for approximately 40 years. He commented that this would result in the potential loss of access to approximately three acres of the subject property; and therefore, contribute uncertainty for the potential future redevelopment of the site. He requested that the Core Natural Heritage Features designation and Ecological Restoration Areas overlay be removed and that Shoemaker Creek not be identified as stream ecological restoration in the new OP. Alternatively, he suggested that this matter be deferred and consideration be given contemporaneously with the development of Mill Courtland Secondary Plan and the major transit station areas. In response to questions, Ms. Malone-Wright advised that the subject property is located within a secondary plan, which is proposed to be deferred as part of this Official Plan review; therefore the General Industrial land use would remain. She stated that while staff are proposing the application of an Ecological Restoration Areas overlay, the subject lands are not identified as a Core Natural Feature. She added that there is nothing within the new OP that would require the daylighting of Shoemaker Creek. She commented that the ecological restoration policies are proposed to ensure the enhancement and protection of the natural heritage system. She noted that until the specifics are known with respect to a redevelopment proposal, it is impossible to know what the implications are in relation to Shoemaker Creek. At the request of the Committee, staff agreed to clarify Council’s ability to defer consideration of the Ecological Restoration Area overlay for the subject property in the new OP, and whether the future use of the site would still require the submission and acceptance of an EIS. Mr. Pierre Chauvin, MHBC Planning, addressed the Committee on behalf of Activa Holdings with respect to the River Ridge Subdivision. He advised that the Falconridge Drive extension has been contemplated for a number of years and a provision was made for it in the draft plan of subdivision. He stated that the road extension was proposed based on the ability to develop a portion of the Kiwanis Park table lands, which at the time of the draft plan of subdivision were designated as Low Rise Residential. He pointed out that on June 29, 2009, Council directed staff to pursue any zoning or Official Plan amendments necessary to effect a parkland designation on the subject table lands; and at that time it was suggested that consideration should be given to eliminating the minor collector road proposed to pass through the table lands. He suggested that in keeping with this previous direction, the new OP should be revised to delete the proposed collector road extension of Falconridge Drive. In response to questions, Mr. Sloan advised that the City’s Transportation Master Plan, which was approved after the June 2009 decision, reaffirmed the Falconridge Drive extension. He comment that roads should connect to themselves and currently there are two sections of Falconridge Drive which are separated by the subject parcel of land. At the request of Councillor S. Davey, Mr. Sloan agreed to clarify when the Falconridge Drive extension is scheduled to proceed and added to the City’s 10-year Capital Forecast. Ms. Andrea Sinclair, MHBC Planning, addressed the Committee with respect to 300 Bridge Street East and the proposed change in the new OP that would only provide consideration of freestanding office if it is located within 450 metres of an existing or planned transit corridor. She stated that while the lands do not fall within the prescribed 450 metres, they will act as a gateway into the City with the pending construction of the new Hwy 7 passing through the southeast corner of the subject property. In addition, a new interchange with Bridge Street East and Hwy 7 will be located just to the east of the subject lands. Accordingly, she requested that the new OP be modified to provide for freestanding office use at this location. Ms. Malone-Wright responded that the policy direction with respect to office uses from the existing OP to the new OP has changed; whereby major office uses are being directed toward the City’s major growth centres and transit corridors. She indicated that in the new OP, office uses must be within 450 metres of a transit corridor and unfortunately the subject property does not meet that criteria. She suggested that any consideration of office use would be best dealt with in the context of a site specific application and the merits for permitting such a use. SPECIAL PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JUNE 9, 2014 -31- CITY OF KITCHENER -32- CSD-14-031 - CITY-INITIATED OFFICIAL PLAN AMENDMENT - OP14/04/COK/TMW 1. - AMENDMENT TO SECONDARY PLANS, ADOPTION OF NEW OFFICIAL PLAN (CONT’D) Questions were raised as whether the potential impacts of the proposed future re-alignment of Hwy 7 have been taken into consideration as part of the new OP; and, staff agreed to provide confirmation on that issue. Councillor Vrbanovic clarified that staff have undertaken discussions with the delegations and what is before the Committee are staffs’ recommendations on these matters. He added that it is now up to Council to consider the requests put forward by the delegations; and, should a member wish to put an alternate motion forward, staff could help to facilitate that process. Mayor C. Zehr left the meeting at this time. A motion was brought forward by Councillor K. Galloway-Sealock to approve the recommendation contained in Report CSD-14-031 in principle with further clarification to be provided at the June 30, 2014 Council meeting as well as appropriate wording for draft resolutions to potentially incorporate some of the matters raised this date into the new OP. Carried Unanimously The following motion was then voted on and was on a recorded vote by all members present. On motion by Councillor K. Galloway-Sealock - it was resolved: That the following recommendation contained in Community Services Department report CSD-14-031, be approved in principle, with additional information to be provided June 30, 2014 Council meeting at the : ‘That the ‘Staff Response to Comments Received on the Final Draft of Proposed City of Kitchener Official Plan’, attached as Appendix ‘B’ to Community Services Department report CSD-14-031, be acknowledged as forming part of the public record for the adoption of the City’s new Official Plan; and, That City-initiated Official Plan Amendment OP14/04/COK/TMW, to remove those lands proposed to be included within the boundary of the new Urban Growth Centre in the City’s new Official Plan, to remove one property from the North Ward Secondary Plan, and which includes the final version of the City’s new Official Plan, be adopted, in the form shown in the proposed Official Plan Amendment attached to Report CSD-14-031 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and, That Council’s adoption of the new Official Plan, attached as Schedule ‘H’ to Appendix ‘A’ to Report CSD-14-031, meets the requirements of the Ontario Planning Act including Sections 2 and 26, that is conforms to the Growth Plan for the Greater Golden Horseshoe, has regard to matters of Provincial Interest, and is consistent with the Provincial Policy Statement and conforms to all applicable Provincial plans and the Regional Official Plan; and, That Deferral No. 1, Deferral No. 3a and an unnumbered Deferral by City Council dated August 27, 2001 on Map 5 - Land Use Plan of the City’s current Official Plan (1994) be recommended for removal and that this recommendation be forwarded to the Region of Waterloo for approval; and further,’ That staff be directed to provide further clarification where indicated as well as appropriate wording for draft resolutions to potentially incorporate some of the following matters raised at the June 9, 2014 special Planning and Strategic Initiatives Committee meeting into the new Official Plan: a. Clarify Kitchener City Council’s overall ability to defer consideration of specific items within the new Official Plan; SPECIAL PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES JUNE 9, 2014 -32- CITY OF KITCHENER -33- CSD-14-031 - CITY-INITIATED OFFICIAL PLAN AMENDMENT - OP14/04/COK/TMW 1. - AMENDMENT TO SECONDARY PLANS, ADOPTION OF NEW OFFICIAL PLAN (CONT’D) b. 491, 525 and 563 Highland Road West (drive-throughs) - examine the potential for having these matters addressed through zoning as well as the ability to permit the grandfathering of existing drive-throughs identified in the new Official Plan, without having to include additional procedures; c. Kellner/Cutajar property (Ottawa Street South) - clarify Council’s ability to defer consideration of this property within the new Official Plan pending a resolution of the appeal to the Ontario Municipal Board of the Regional Official Plan designation of the subject property as a Core Environmental Feature; d. 1225 Courtland Avenue East - examine a means of permitting the existing redevelopment opportunities, subject to the submission and acceptance of an Environmental Impact Statement (EIS); e. 809 Wellington Street (Christie Digital) - examine a means of allowing this property to continue to have freestanding office potential based on a maximum floor space to land area ratio of 0.5:1, as long as those lands are being utilized exclusively by Christie Digital; f. 6 Shirley Avenue - the property appears to be more oriented to Victoria Street and should be permitted to retain its commercial designation within the new Official Plan; g. 321-351 Courtland Avenue East (Maple Leaf Foods) - clarify Council’s ability to defer consideration of the Ecological Restoration Area overlay for this property in the new Official Plan, and whether the future use of the site would still require the submission and acceptance of an Environmental Impact Statement (EIS); h. Falconridge Drive extension - clarify when the subject road extension will be scheduled to proceed and added to the City’s 10-year Capital Forecast; and, i. 300 Bridge Street - confirm whether the potential impacts of the proposed future re-alignment of Hwy 7 have been taken into consideration as part of the new Official Plan. ADJOURNMENT 2. On motion, this meeting adjourned at 6:20 p.m. C. Goodeve Committee Administrator