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HomeMy WebLinkAbout2015-05-25 PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 25, 2015 CITY OF KITCHENER The Planning and Strategic Initiatives Committee met this date, commencing at 6:00 p.m. Present: Councillor P. Singh, Chair Mayor B. Vrbanovic and Councillors S. Davey, F. Etherington, Y. Fernandes, K. Galloway-Sealock, J. Gazzola, B. Ioannidis, Z. Janecki, S. Marsh and D. Schnider. Staff: J. Willmer, Chief Administrative Officer M. May, Deputy CAO, Community Services D. Tyagi, Deputy CAO, Infrastructure Services Palmer-Novakovic M. , Director of Supply Services A. Pinard, Director, Planning D. Ross, Manager, Development Review T. Malone-Wright, Senior Planner S. Allen, Manager, Engineering Design & Approvals S. Rice Menezes, Planning Technician B. Steiner, Senior Environmental Planner D. Livingstone, Committee Administrator 1. CSD-15-049 - BLUE DOT DECLARATION The Committee considered Community Services Department report CSD-15-049, dated May 8, 2015 recommending the Blue Dot Movement: Request for a Municipal Declaration be forwarded to the Federal and Provincial Governments as well as the Federation of Canadian Municipalities and the Association of Municipalities of Ontario. In addition, the Committee was in receipt this date of handmade postcards by the Blue Dot Movement. Ms. B. Steiner was in attendance to respond to questions. Mr. Jim Marston, Blue Dot Movement, gave a presentation in support of the Declaration contained within Report CSD-15-049. He stated that the Declaration recognizes the policies and strategies that are currently in place by the City and protects the right to clean air and water at the federal level. He advised of the success of the Blue Dot Movement in developing partnerships and attaining 50 municipal government declarations as well as a petition in support with 2000 signatures region-wide. He requested that the Committee support the recommendation and asked that area municipalities pass a similar Declaration. Ms. Raine Knudson, student at Eastwood Collegiate, addressed the Committee in support of the Declaration. She described her personal experience and endeavours to protect the environment through Impact, the environmental group at her Collegiate, and emphasized the community’s responsibility to ensure there are clean water, air and food for future generations. She urged the Committee to support the Declaration and to ‘think globally, act locally’. Carried Unanimously The following motion was then voted on and was on a recorded vote. On motion by Councillor S. Davey - it was resolved: “WHEREAS the City of Kitchener (“City”) has striven for many years within its jurisdiction to maintain a healthy environment for all our citizens through its many plans, Kitchener Strategic Plan policies, programs and practices supported by the and Strategic Plan for the Environment Kitchener’s ;and, WHEREAS the City endeavours to respect and promote the rights and quality of life of its citizens and pursues the public interest in all its actions, the identification and establishment of new basic human rights is best achieved at the Provincial, Federal, and even international, levels of government; and, WHEREAS the Cityunderstands that people are part of the environment, and that a healthy environment is inextricably linked to human health and the social and economic well-being of our community; and, PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 25, 2015 -17- CITY OF KITCHENER CSD-15-049 - BLUE DOT DECLARATION (CONT’D) 1. WHEREAS the City believes that the Federal and Provincial governments should enshrine, within appropriate legislation, the right of all Canadians to live in a healthy environment, including: (a) the right to breathe clean air; (b) the right to drink clean water; (c) the right to consume safe food; (d) the right to access nature; (e) the right to know about pollutants and contaminants released into the local environment; and, (f) the right to participate in decision-making that will affect the environment; THEREFORE BE IT RESOLVED that on behalf of City Council, be directed to forward this resolution to the Right Honourable Stephen Harper, Prime Minister of Canada, with the request that the right of all citizens to live in a healthy environment be enshrined in Canadian Charter of Rights and Freedoms appropriate federal legislation including the ; and, THEREFORE BE IT RESOLVED that the Mayor on behalf of City Council, be directed to forward this resolution to the Honourable Kathleen Wynne, Premier of Ontario, with the request that the right of all citizens to live in a healthy environment be enshrined in Environmental Bill of Rights appropriate provincial legislation including Ontario’s ; and, THEREFORE BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to all local Members of the Parliament of Canada and the Legislative Assembly of Ontario; and, THEREFORE BE IT FINALLY RESOLVED that a copy of this resolution be sent to the Federation of Canadian Municipalities (FCM) and the Association of Municipalities of Ontario (AMO).” CSD-15-043 - CITY RESPONSE TO COORDINATED PROVINCIAL PLAN REVIEW 2. (GROWTH PLAN) The Committee considered Community Services Department report CSD-15-043, dated April 22, 2015 recommending adoption of the Report as the City of Kitchener’s formal comments regarding Stage 1 of the Provincial consultation, and that the Province of Ontario take the Report into consideration as they move forward with Stage 2. Ms. T. Malone-Wright presented the Report. The Committee generally supported the comments outlined in the Report, acknowledging the need for stronger language within the Growth Plan and the support of the Province, in order to implement the Provincial Plan. On motion by Councillor Z. Janecki - it was resolved: “That Community Services Department report CSD-15-043 be adopted as the City of Kitchener’s formal comments with respect to Stage 1 of the Provincial consultation for “Our Region/Our Home/Our Community: A Discussion Document for the 2015 Co- ordinated Review” and that the Province of Ontario be requested to consider the comments, contained in this report as they move forward with Stage 2 in recommending potential amendments to the various Plans.” The Committee recessed and reconvened at 6:58 p.m. In accordance with Municipal Code Chapter 25 (Procedure), Councillor K. Galloway-Sealock brought forward a motion to discuss Information Item CSD-15-048. Councillor Galloway- Carried. Sealock’s motion was then voted on and was PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 25, 2015 -18- CITY OF KITCHENER CSD-15-048 - PROPOSED CHANGES TO THE PLANNING ACT 3. (BILL 73) The Committee considered Community Services Department report CSD -15-048, dated May 1, 2015 regarding the proposed changes to the Planning Act through Bill 73. Ms. D. Ross responded to questions regarding the Development Approval Permit System detailed in Community Services Department report CSD-15-048, advising that the system would be a made-in-Kitchener development permit system with delegated Provincial planning approvals remaining with the City. Councillor Galloway-Sealock indicated that the parkland dedication decrease, outlined in the Report, is not favourable and requested that if possible, staff provide comments to the Province to maintain current parkland dedication requirements. Councillor P. Singh 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-15-036 - ZONE CHANGE APPLICATION - ZC15/06/COK/SRM 4. ANNUAL ZONING BY-LAW UPDATE 2015, CITY INITIATED The Committee considered Community Services Department report CSD -15-036, dated April 24, 2015 recommending approval of the City-initiated amendment to Zone Change Application ZC15/06/COK/SRM as shown in ‘Appendix B’ of the Annual Zoning By-law Update. Ms. S. Rice-Menezes introduced the Report. On motion by Councillor Y. Fernandes - it was resolved: “That City-initiated amendment ZC 15/06/COK/SRM (Annual Zoning By-law Update) to Zoning By-law 85-1, be approved in the form shown in the ‘Proposed By-law’ dated April 21, 2015, attached to Community Services Department Report CSD-15-036.” INS-15-035 - SIDEWALK INFILL POLICY 5. The Committee considered Infrastructure Services Department report INS-15-035, dated April 20, 2015 recommending approval of the Sidewalk Infill Policy. In addition, the Committee was in receipt of a petition signed by residents of Vista Cresent in objection to installation of a sidewalk during reconstruction. Mr. J. Readman provided an introduction and Mr. B. Cronkite gave a presentation of the Policy as detailed in the Report. Ms. Carole Wiebe, MHBC Planning, addressed the Committee on behalf of Sunlife, in general support of the Sidewalk Infill Policy presented this date. She explained why Sunlife has an interest in the Policy and exhibited an area along York Street that employees walk from the Glasgow Street parking lot, which has significant sidewalk gaps on both sides. She stated that employees are forced to cross York Street numerous times as the sidewalk is not continuous, a condition that places the pedestrians and motorists at risk of collision. She expressed concern that the although York Street would have a Priority 1 ranking based on the criteria, a one year wait is a long time to risk for vehicular and pedestrian interaction while crossing. She also asked for confirmation within the Policy to ensure that reference to requests from ‘citizens’ also means ‘businesses’. Mr. Terry Ross addressed the Committee in opposition to the sidewalk policy and expressed concern that the Report was made available to the public on May 19, 2015, and indicated additional time would have been appreciated to review the Policy. Mr. Ross stated that a motion- activated pedestrian counting would be effective in determining if a sidewalk is needed at a location and noted that some locations do not warrant sidewalk installation as it would affect the existing character of the neighbourhood. He expressed further concerns that the PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 25, 2015 -19- CITY OF KITCHENER INS-15-035 - SIDEWALK INFILL POLICY (CONT’D) 5. point system in the Report for determining priority ranking could be manipulated, and indicated that there should be better communication with residents in areas considered for sidewalk infill. Ms. Loree Zimmerman and Mr. Howard Morton gave a presentation in opposition to the sidewalk policy, demonstrating how the Policy would impact streets such as Vista Crescent. She expressed concern for the loss of mature trees, and the negative environmental impact the use of salt would have, noting that the area pond currently has excessive levels of chloride. She requested that the Policy be re-examined to encourage alternate routes that would permit an exemption to neighbourhoods that would be negatively impacted by the installation of a sidewalk. Mr. Morton elaborated that environmental concerns should be considered when determining priority for sidewalk installation. He stated that a vote was taken fifty-five years ago not to have a sidewalk on Vista Crescent and pointed out that some of those residents were present this date. Mr. Shaun Wang addressed the Committee in opposition to the Sidewalk Infill Policy, stating that the mitigation measures are not sufficient. He explained that as an owner of a 4-plex, the installation of a sidewalk will reduce the parking at his property to three spaces from six, rendering one unit without parking. He stated that he has met with Transportation and Engineering staff who suggested he apply to Committee of Adjustment to obtain a minor variance for parking reduction. He indicated that upon meeting with Planning regarding the Application, he was told that it would not be permitted as the reduction was not permitted within the By-law. He expressed his frustration at the process and requested that the mitigation plan be more detailed to assist residents that are impacted negatively by the installation of sidewalks. Councillor S. Marsh requested that staff follow-up with Mr. Wang regarding his concerns. Mr. Shayne Blahut appeared in opposition to the Sidewalk Infill Policy stating that the installation of a sidewalk was examined 12-14 years ago in his central Frederick neighbourhood and that there is no need for sidewalk installation at this location. He advised that his property would lose 7 trees, half of his driveway and numerous gardens if sidewalks were installed and continued that he has lived at this residence for over twenty years and does not believe sidewalks are warranted. Mr. David Bradshaw addressed the Committee advising that the premise of the Policy, as outlined in the Report, should be revised to address the objectives of walkability, accessibility and safety. He requested that the consideration be given to scoring criteria relative to the objectives to provide clarity, and explained that a quantitative measure within the criteria would demonstrate support by the community. He expressed concern that if the policy is endorsed, the decision regarding a sidewalk would be made too far in advance (1 year) which would lose urgency. On motion by Mayor B. Vrbanovic, the recommendation within Report INS-15-035 was brought forward for consideration with a modification to include a review of the Policy once it has been in place for three full years, with a report to come forward in 2019. Mayor Vrbanovic requested that staff follow up with information on the difference in cost between installation of a sidewalk during reconstruction versus installation of sidewalk infill. Councillor K. Galloway-Sealock brought forward an amendment to consolidate Sidewalk Infill Priority levels 2 and 3, as outlined in the Report, and to reweight Priority 1 and the revised Priority 2. She stated that the collapsed Priorities should assist in achieving the objective of having a sidewalk installed on both sides of the street. She expanded her amendment to include Major Parks in the Priority Ranking Criteria with a weight of more than five points, and to increase points for parks and trails. Councillor S. Marsh brought forward a further amendment to the Policy to include a provision to allow the option for Council to delay the installation of a sidewalk until the trees that would be impacted by sidewalk construction have completed their lifecycle. In addition, she stated PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 25, 2015 -20- CITY OF KITCHENER INS-15-035 - SIDEWALK INFILL POLICY (CONT’D) 5. that there should be a provision to have new trees planted in closer proximity to houses as an interim measure prior to the cessation of the existing tree’s lifecycle. Mayor B. Vrbanovic suggested that the approval of the amendments be in principle to allow time for staff to make the modifications prior to consideration by Council. Councillor J. Gazzola requested that the matter of delegated authority be considered separately. Councillor S. Davey requested that staff be directed to identify a threshold of points that would ascertain sidewalk installation, thereby removing the possibility of exemption, and provide the information prior to the June 1, 2015 Council meeting. Councillor K. Galloway-Sealock expressed objection to the inclusion of Section 1 (f), ii and iv, and Section 2 (f) and requested that they be voted on separately, with a vote to the affirmative, indicating the Sections would remain within the Policy. Section 1 (f), ii and iv, and Section 2 (f) Carried on a recorded vote were then voted on and with Mayor B. Vrbanovic and Councillors Z. Janecki, J. Gazzola, D. Schnider, Y. Fernandes, P. Singh, B. Ioannidis and S. Davey voting in favour; and, Councillors F. Etherington, S. Marsh, and K. Galloway-Sealock voting in opposition. The following motion was then voted on clause by clause. Carried on a recorded vote Clause 4, Bullet 1– In Favour: Mayor B. Vrbanovic and Councillors K. Galloway-Sealock, F. Etherington, S. Marsh, B. Ioannidis and S. Davey. Contra: Councillors J. Gazzola, P. Singh, D. Schnider, Y. Fernandes and Z. Janecki. Carried on a recorded vote. Clause 4, Bullet 2 – In Favour: Mayor B. Vrbanovic and Councillors K. Galloway-Sealock, P. Singh, F. Etherington, S. Marsh, B. Ioannidis and S. Davey. Contra: Councillors J. Gazzola, D. Schnider, Y. Fernandes and Z. Janecki. Carried on a recorded Clause 4, Bullets 3 & 4 – vote. In Favour: Mayor B. Vrbanovic and Councillors S. Marsh Z. Janecki D. Schnider, Y. Fernandes, S. Davey, B. Ioannidis and. Contra: Councillors J. Gazzola, F. Etherington P. Singh and K. Galloway-Sealock. Carried on a recorded vote Clause 1 & 3 – In Favour: Mayor B. Vrbanovic and Councillors S. Marsh Z. Janecki, D. Schnider, Y. Fernandes, S. Davey, F. Etherington, P. Singh, K. Galloway-Sealock and B. Ioannidis. Contra: Councillors J. Gazzola. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 25, 2015 -21- CITY OF KITCHENER INS-15-035 - SIDEWALK INFILL POLICY (CONT’D) 5. Carried on a recorded vote Clause 2 – In Favour: Mayor B. Vrbanovic and Councillors S. Marsh Z. Janecki, D. Schnider, Y. Fernandes, S. Davey, F. Etherington, P. Singh, K. Galloway-Sealock and B. Ioannidis. Contra: Councillors J. Gazzola. On motion by Mayor B. Vrbanovic - it was resolved: “That the Sidewalk Infill Policy, outlined in Infrastructure Services Department report INS-15-035, be approved; and, That the Chief Administrative Officer be delegated authority to approve tenders for road reconstruction projects with Council-approved sidewalk infill, provided the total costs are within the approved budgets contained in the relevant departmental budgets and that a report regarding those tenders are provided to Council at its next regularly scheduled meeting; and, That staff be directed to complete a review of the Sidewalk Infill Policy following three full years of implementation, with a report to be provided in 2019; and further, That the following be approved, in principle, to allow time for additional information to be provided prior to the June 1, 2015 Council meeting: Sidewalk Infill Priority levels 2 and 3 be collapsed, with Priority 1 and the revised new Priority 2 be reweighted; Major Parks be added to the Priority Ranking Criteria with a weight of more than 5 points, as well as an increase in the criteria points for neighbourhood parks and trails; Inclusion of a provision to provide the option for Council to delay the installation of a sidewalk until the trees that would be impacted by sidewalk construction have completed their lifecycle; and, The inclusion of a provision to have new trees planted in closer proximity to houses as an interim measure prior to the cessation of the existing tree’s lifecycle.” ADJOURNMENT 6. On motion, this meeting adjourned at 10:52 p.m. D. Livingstone Committee Administrator