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Home My WebLink About2016-02-08 PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES FEBRUARY 8, 2016 CITY OF KITCHENER The Planning and Strategic Initiatives Committee met this date, commencing at 6:30 p.m. Present: Councillor P. Singh, Chair Mayor B. Vrbanovic and Councillors S. Davey, F. Etherington, 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 C. Fletcher, Interim Executive Director, Infrastructure Services L. Tansley, Assistant City Solicitor G. MacNeil, Interim Director, By-law Enforcement D. Ross, Manager, Development Review B. Bateman, Senior Planner A. Pinnell, Planner K. Steiss, District Facilitator D. Livingstone, Committee Administrator CSD-16-004 - AMENDMENT TO FIREWORKS AND FIRECRACKERS BY-LAW – 1. C CHAPTER 739 The Committee considered Community Services Department report CSD-16-004, dated January 21, 2016, recommending the enactment of a by-law to amend Chapter 739 (Fireworks and Firecrackers) of the City of Kitchener’s Municipal Code, to add the Diwali festival as a permitted time for fireworks display. Ms. G. MacNeil was in attendance to respond to questions. Mr. Tushar Upadhyay introduced the following individuals who addressed the Committee in support of the amendment to the Fireworks and Firecrackers by-law, to permit a fireworks display for the Diwali Festival: Gaurav Divecha, Kriti Bhatt, Ishanee Dave, Dvij Baret, Kaustubh Upadhyay, Henil Desai, and Prapti Parekh. They explained the significance of fireworks to the Festival and requested Kitchener expand their by-law to permit fireworks similar to the Municipalities of Waterloo, Guelph and Milton. On motion by Councillor K. Galloway-Sealock the recommendation within Report CSD-16-004 was brought forward for consideration. Councillor J. Gazzola expressed concern that the proposed amendment to the By-law was specific to the Diwali Festival. He indicated additional research should be completed by staff prior to a permanent amendment being made to allow additional dates for the display of fireworks. Carried The following motion was voted on and was on a recorded vote, with Mayor B. Vrbanovic and Councillors B. Ioannidis, D. Schnider, P. Singh, S. Davey, S. Marsh, K. Galloway-Sealock, Z. Janecki, and F. Etherington voting in favour; and, Councillor J. Gazzola voting in opposition. On motion by Councillor K. Galloway-Sealock - it was resolved: “That a by-law be enacted to amend Chapter 739 (Fireworks and Firecrackers) of the City of Kitchener’s Municipal Code, to add the Diwali festival to the list of permitted times when fireworks are permitted to be displayed, as outlined in Community Services Department report CSD-16-004.” CSD-16-006 - ZONE CHANGE APPLICATION - ZC14/02/W/AP 2. - 1333 WEBER STREET EAST, PAMATA HOSPITALITY INC. The Committee considered Community Services Department report CSD-16-006, dated January 7, 2016 recommending approval of Zone Change Application ZC14/02/W/AP (1333 Weber Street East; Pamata Hospitality Inc.) for the purpose of changing the zoning from Arterial Commercial Zone (C-6) with Special Use Provision 3U to High Intensity Mixed Use Corridor Zone (MU-3) with Special Regulation Provision 675R, Holding Provision 76H, Holding PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES FEBRUARY 8, 2016 -2- CITY OF KITCHENER CSD-16-006 - ZONE CHANGE APPLICATION - ZC14/02/W/AP 2. - 1333 WEBER STREET EAST, PAMATA HOSPITALITY INC. (CONT’D) Provision 77H, and Holding Provision 22HSR for Services and Roadworks on the lands, and that the Urban Design Brief for 1333 Weber Street East be adopted. In addition, the Committee was in receipt this date of correspondence from Mr. D. Ashton, MHBC Planning, on behalf of McCrory Associates Limited, dated February 8, 2016. Mr. A. Pinnell presented the Report and addressed the request contained within the correspondence received this date. He advised staff was able to accommodate the request to notify McCrory Associates Limited and provide an opportunity to review noise studies; however, they will not be able to provide input on future noise studies, as such reports are technical in nature and prepared by acoustical engineers in accordance with Provincial legislation. He indicated staff is satisfied the noise concerns have been adequately addressed, as outlined in the Report. Ms. Kristen Barisdale, GSP Group, gave a presentation in support of the Zone Change Application. She reviewed the proposed development, including the Master Site Plan Concept within the Urban Design Brief, which proposes four buildings containing 544 residential units. In addition, she presented the perspectives of each building and advised of the next steps involved in the process, including: submission and acknowledgement of Record of Site Condition from the Ministry of the Environment; confirmation of completion of sanitary forcemain upgrades; and, detailed site plan application required for each building, which includes detailed noise assessment. The Committee generally supported the application; however, concern was expressed regarding the principal access to the property on the curve of Weber Street East, which would require a left turn-in and left turn-out. Mr. Pinnell indicated the Region of Waterloo did not identify any issues during the review of the Traffic Impact Study and advised access would be examined in greater detail during site plan approval. Ms. Barisdale elaborated advising the buildings have been pushed back from Weber Street to maintain vehicular sightlines. At the request of Councillor S. Marsh, staff agreed to modify the recommendation to approve the Urban Design Brief with a revision to ensure that a detailed review of the feasibility and design of a Weber Street East access is completed as part of any future site plan approval process. On motion by Councillor S. Davey - it was resolved: “That Zone Change Application ZC14/02/W/AP (1333 Weber Street East; Pamata Hospitality Inc.) for the purpose of changing the zoning from Arterial Commercial Zone (C-6) with Special Use Provision 3U to High Intensity Mixed Use Corridor Zone (MU-3) with Special Regulation Provision 675R, Holding Provision 76H, Holding Provision 77H, and Holding Provision 22HSR for Services and Roadworks on the lands specified on the attached Map No. 1, in the form shown in the “Proposed By-law” dated November 20, 2015 attached to Community Services Department report CSD-16-006 as Appendix A, be approved; and further, That the Urban Design Brief for 1333 Weber Street East, dated October 2015, attached to Report CSD-16-006 as Appendix C, be adopted and provide the basis for future site development with a revision to ensure that a detailed review of the feasibility and design of a Weber Street East access is completed as part of any future site plan approval process.” CSD-16-003 - ZONE CHANGE APPLICATION - ZC15/013/N/BB 3. - 547 NEW DUNDEE ROAD, DEMENTIA CARE INC. The Committee considered Community Services Department report CSD-16-003, dated January 3, 2016 recommending approval of Zone Change Application ZC15/013/N/BB (547 New Dundee Road; Dementia Care Inc.) for the purpose of changing the zoning from Agricultural One (A-1) to Arterial Commercial Zone (C-6) with Special Use Provision 453U and PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES FEBRUARY 8, 2016 -3- CITY OF KITCHENER CSD-16-003 - ZONE CHANGE APPLICATION - ZC15/013/N/BB 3. - 547 NEW DUNDEE ROAD, DEMENTIA CARE INC. (CONT’D) Schedules 38 and 39 and Hazard Land Zone (P-3) with Special Use Provision 454U on the land specified; and, that Subdivision Application Number 30T-87036 (Tuerr Holdings Inc.) affecting the subject lands, be closed. Mr. B. Bateman presented the Report. Ms. Kristen Barisdale, GSP Group, gave a presentation in support of the Zone Change Application on behalf of Dementia Care Inc. She provided details of the proposal to develop a residential care facility for Alzheimer’s and dementia patients, advising the zone change will eliminate a number of commercial uses such as: building material sales; gas station and car wash; sale, rental and service of motor recreation vehicles; transportation depot; and, warehouse that were previously permitted under current zoning. In addition, she indicated that the zone change will require a reduced front yard setback at the proposed roundabout and advised the next steps in the process include final site plan approval with construction anticipated to begin in April of 2016. Councillor B. Ioannidis left the meeting at this time. On motion by Councillor Z. Janecki - it was resolved: “That Zone Change Application ZC15/013/N/BB (547 New Dundee Road; Dementia Care Inc.) for the purpose of changing the zoning from Agricultural One (A-1) to Arterial Commercial Zone (C-6) with Special Use Provision 453U and Schedules 38 and 39 and Hazard Land Zone (P-3) with Special Use Provision 454U on the land specified on the attached Map No’s. 1, 2 and 3 in the form shown in the “Proposed By-law” dated January 8, 2016 attached to Community Services Department report CSD-16-003 as Appendix A, be approved; and further, That Subdivision Application Number 30T-87036 (Tuerr Holdings Inc.) affecting the subject lands, be closed.” ADJOURNMENT 4. On motion, this meeting adjourned at 7:37 p.m. D. Livingstone Committee Administrator