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PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
DECEMBER 5, 2016 CITY OF KITCHENER
The Planning and Strategic Initiatives Committee met this date, commencing at 5:15 p.m.
Present: Councillor P. Singh, Chair
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
J. Readman, Interim Executive Director, Infrastructure Services
C. Bluhm, Interim Executive Director, Economic Development
L. Tansley, Assistant City Solicitor
A. Pinard, Director, Planning
D. Ross, Manager, Development Review
S. Di Donato. Manager, Arts and Creative Industries
B. Bateman, Senior Planner
J. von Westerholt, Senior Planner
S. Rice Menezes, Planning Technician
C. Dumart, Junior Planner
E. Robson, Coordinator, Arts and Creative Industries
T. Brubacher, Committee Administrator
D. Saunderson, Committee Administrator
1.CAO-16-034 - CREATIVE HUB OPTIONS
The Committee considered Chief Administrator’s Office report CAO-16-034, dated November
25, 2016 recommending the establishment of a Creative Hub to support the growth of arts and
creative industries within the City.
Ms. S. Di Donato, Mr. C. Bluhm and Ms. E. Robson presented the Report. Ms. Di Donato
noted staff are recommending that the City-owned Building at 44 Gaukel Street be established
as the location for the Creative Hub for the medium-to-long term. Mr. Bluhm noted in reference
to 48 Ontario Street North, staff are also recommending the property be deemed surplus, and
be sold through the Request for Proposal (RFP) process. He advised the net proceeds from
that sale would be allocated towards establishment of a Creative Hub at 44 Gaukel Street.
Mr. J. Howe addressed the Committee in support of the establishment of a Creative Hub. He
expressed concerns with the recommendation to declare 48 Ontario Street North as surplus to
the City, noting he believes the public was not adequately consulted as to the future use of that
site. He requested Council separate consideration for the establishment of a Creative Hub and
the sale of 48 Ontario Street North to be considered separately to allow for more time for public
consultation on the future uses of 48 Ontario Street North.
In response to questions, Mr. Bluhm advised Clause 5 of the recommendation will ensure the
net proceeds from the sale of 48 Ontario Street North will be held in the Economic
Development Reserve Fund for the future establishment of the Creative Fund. He noted staff
would not be permitted to use the funds for any other use unless receiving Council direction.
A motion was brought forward by Councillor F. Etherington to approve the staff
recommendation as outlined in Report CAO-16-034.
Councillor S. Davey brought forward an amendment to Councillor Etherington’s motion to
amend Clause 5 of the recommendation to allocate 50% of the net proceeds from the sale of
48 Ontario Street North to develop a Creative Hub and that the balance of the proceeds be
referred to the 2017 budget process.
Councillor Y. Fernandes expressed concerns with the Expression of Interest (EOI) and
whether the potential operators would require additional funding from the City to operate the
Hub. She questioned whether the EOI process could include a requirement within their
submission demonstrating their proposal would be sustainable. Mr. Bluhm acknowledged the
concern and stated it could be something staff could build into the EOI request.
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
DECEMBER 5, 2016 -31- CITY OF KITCHENER
1.CAO-16-034 - CREATIVE HUB OPTIONS (CONT’D)
Councillor Davey’s amendment was voted on and was Carriedon a recorded vote with
Councillors B. Ioannidis, D. Schnider, K. Galloway-Sealock, P. Singh, S. Davey and Y.
Fernandes voting in favour and Councillors F. Etherington, J. Gazzola, S. Marsh and Z.
Janecki voting in opposition. Mayor B. Vrbanovic was absent and accordingly did not vote.
The following motion was then voted on and was Carried on a recorded vote with Councillors
B. Ioannidis, D. Schnider, K. Galloway-Sealock, F. Etherington, P. Singh, S. Marsh, S. Davey
and Y. Fernandes voting in favour and Councillors J. Gazzola and Z. Janecki voting in
opposition. Mayor B. Vrbanovic was absent and accordingly did not vote.
On motion by Councillor F. Etherington -
it was resolved:
“That the establishment of a Creative Hub to incubate and strengthen the growth of arts
and creative industries in alignment with Kitchener’s Economic Development Strategy,
Make it Kitchener, be supported; and,
That staff be directed to continue with next steps in establishing the Creative Hub at the
preferred initial location, 44 Gaukel Street; and,
That staff initiate an Expression of Interest (EOI) process and criteria to lease 44 Gaukel
Street to an operator for use as a creative hub, as defined in the Chief Administrator’s
Office report CAO-16-034; and,
That the City-owned property at 48 Ontario Street North be declared as surplus and
offered for sale through a Request for Proposals (RFP); and
That 50% of the net proceeds from the sale of 48 Ontario Street North be allocated to
initiate and develop a Creative Hub, as described in Report CAO-16-034, and that the
balance of the proceeds be referred to the 2017 budget process; and further,
That staff continue to explore the full growth potential of the creative hub, with its
location at 44 Gaukel Street in the short-to-medium-term, working with community
partners to articulate medium-to-long-term opportunities and future phases, as outlined
in Report CAO-16-034.”
2.CSD-16-077 - PLANNING AND DEVELOPMENT ADVISORY COMMITTEE
- DEFERRED FROM THE AUGUST 8, 2016 COUNCIL MEETING
The Committee considered Community Services Department report CSD-16-077, dated
November 18, 2016 recommending that Council select a preferred option in response to a
motion to explore Planning and Development Advisory Committee opportunities.
It was noted that due to the time constraints any discussion regarding this item should be
deferred to a future Committee meeting.
On motion by Councillor B. Ioannidis -
it was resolved:
“That consideration of the following motion, be deferred to the December 12, 2016
special Council meeting:
“That Council select Option ______ as outlined in Community Services
Department report CSD-16-077 in response to a motion to explore Planning and
Development Advisory Committee options.”
The Committee recessed at 6:52 p.m. and reconvened at 7:24 p.m. Chaired by Councillor P. Singh
with all members present, except for Mayor B. Vrbanovic.
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
DECEMBER 5, 2016 -32- CITY OF KITCHENER
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.”
3.CSD-16-076 - ZONE CHANGE APPLICATION (TEMPORARY USE BY-LAW) – ZC16/006/V/CD
- 87 VICTORIA STREET NORTH
- THE KW WORKING CENTRE FOR THE UNEMPLOYED
The Committee considered Community Services Department report CSD-16-076, dated
October 28, 2016 recommending approval of Zone Change Application (Temporary Use By-
law) ZC16/006/V/CD for the purpose of adding a temporary use provision for a maximum of 3
years to permit habitation of two existing structures located at 87 Victoria Street North.
Mr. C. Dumart presented the Report, advising the proposed Temporary Use By-law will allow
habitation of two accessory structures for a maximum of three years on the subject property, at
which time Council could approve an extension to the By-law pending the outcome of the pilot
use.
Mr. J. Mancini, The KW Working Centre for the Unemployed, addressed the Committee in
support of the subject application and the staff recommendation. He indicated the accessory
structures will provide safe, temporary accommodation to Kitchener residents who are not able
to sleep in traditional temporary shelters.
On motion by Councillor S. Marsh -
it was resolved:
“That application ZC16/006/V/CD (The KW Working Centre of the Unemployed), for the
purpose of adding a temporary use provision 13T, for a maximum of three years, to
permit the habitation of two existing structures which are accessory to the residential
care facility located on the subject property (87 Victoria Street North), be approved in
the form shown in the “Proposed By-law” dated November 4, 2016, attached to
Community Services Department report CSD-16-076 as Appendix “A”.
4.CSD-16-072 - ZONE CHANGE APPLICATION – ZC16/002/B/ATP
- BLAIR CREEK DRIVE, MATTAMY MONARCH LIMITED
The Committee considered Community Services Department report CSD-16-072, dated
October 6, 2016 recommending approval of Zone Change Application ZC16/002/B/ATP for
Mattamy Monarch Limited for the purpose of altering the Zoning regulations on the lands Zone
R-4 and R-6 relating to building setbacks, building height and lot widths to accommodate new
housing products proposed by Mattamy Homes Limited. Ms. J. von Westerholt presented the
report and responded to questions from the Committee.
Ms. K. Barisdale, GSP Group, addressed the Committee on behalf of the applicant in support
of the subject application and the staff recommendation.
Questions were raised whether the proposed Zone Change Application would eliminate the
need for the builder to apply to the Committee of Adjustment for further variations on the
proposed Zoning Regulations. Ms. von Westerholt advised that staff cannot definitively say that
the applicant would not need to attend the Committee of Adjustment for any further variances
to the proposed regulations. She stated the proposed Zone Change application was
comprehensive in nature and should reduce, if not potentially eliminate, the need for any
further requests.
In response to questions related to comments provided by Transportation Planning staff, Mr. A.
Pinard advised that any concerns raised throughout the process have satisfactorily been
addressed.
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
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4.CSD-16-072 - ZONE CHANGE APPLICATION – ZC16/002/B/ATP
- BLAIR CREEK DRIVE, MATTAMY MONARCH LIMITED (CONT’D)
On motion by Councillor S. Davey -
it was resolved:
“That Zone Change Application ZC/16/002/B/ATP (Mattamy Monarch Ltd.) requesting a
change in zoning from Residential Four Zone (R-4), Residential Six Zone(R-6), Public
Park Zone (P-1), Open Space Zone (P-2), to Residential Four Zone (R-4); to Residential
Four Zone (R-4) with Special Regulation Provision 690 and 691; to Residential Six (R-
6); to Residential Six (R-6) with Special Regulation 690 and 692; to Public Park Zone
(P-1), Open Space Zone (P-2) be approved in the form shown in the “Proposed By-law”
dated December 5th, 2016 attached to Community Services Department report CSD-
16-072 as Appendix ‘A’.”
5.CSD-16-071 - DRAFT PLAN OF SUBDIVISION – 30T-08203
-ZONE CHANGE APPLICATION – ZC16/004/N/BB
- NEW DUNDEE ROAD (STAUFFER WOODS), ACTIVA HOLDINGS INC.
The Committee considered Community Services Department report CSD-16-071, dated
October 31, 2016 recommending approval of Zone Change Application ZC/16/004/N/BB for
Activa Holdings Inc. for the purpose of altering the Zoning regulations on lands Zoned R-4, R-
6, I-1, C-1 and C-2 relating to residential building setbacks and building height in order to
accommodate and recognize new housing products being proposed by Activa Holdings Inc. on
their draft approved subdivision known as Stauffer Woods 30T-08203. Mr. B. Bateman
presented the Report and responded to questions from the Committee.
Mr. P. Britton, MHBC Planning, addressed the Committee in support of the subject application
and the staff recommendation. He noted staff, as well as the applicant undertook a
comprehensive review of the Zoning regulations and any identified concerns where addressed.
He further advised in response to concerns raised by the residents on Moorlands Crescent, the
applicant has agreed to remove any proposed changes for the lots that would back onto that
Crescent to satisfy those residents’ concerns.
Councillor Y. Fernandes raised concerns regarding Blair Creek Drive and whether the
applicant considered implementing traffic calming measures through the development process,
noting the location of the proposed school and design of the roadway. Mr. P. Britton noted the
roadway was subject to a Municipal Class Environmental Assessment and traffic calming was
a factor for consideration through that process and incorporated in the engineering designs.
On motion by Councillor B. Ioannidis -
it was resolved:
“That Zone Change Application ZC/16/004/N/BB (Activa Holdings Inc.) requesting a
change in zoning from Residential Four Zone (R-4) with Special Regulation Provision
405R, Residential Six Zone (R-6), Community institutional Zone (I-2), Convenience
Commercial Zone (C-1) with Special Regulation Provision (491R) and Special Use
Provision (386U), Neighbourhood Shopping Centre Zone (C-2) with Special Regulation
Provision (490R) and Special use Provision (385U), Open Space Zone (P-2), and Public
Park Zone (P-1) to: Residential Four Zone (R-4) with Special Regulation Provisions
(685R and 686R); Residential Six (R-6) with Special Regulation Provisions (685R,
687R, 688R and 689R); Community institutional Zone (I-2) with Special Regulation
Provisions (685R, 687R and 689R), Convenience Commercial Zone (C-1) with Special
Regulation Provisions (491R, 685R, 688R and 689R) and Special Use Provision
(386U), Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provisions
(490R, 685R, 688R and 689R and Special Use Provision (385U); and Hazard land Zone
(P-3) be approved in the form shown in the “Proposed By-law” dated November 4, 2016
attached to Community Services Department report CSD-16-071 as Appendix ‘A’.”
The Committee recessed at 8:47 p.m. and reconvened at 8:54 p.m. Chaired by Councillor P. Singh
with all members present, except for Mayor B. Vrbanovic and Councillor K. Galloway-Sealock.
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
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6.CSD-16-057 - ZONE CHANGE APPLICATION – ZC16/005/COK/SRM
- CITY INITIATED ANNUAL ZONING BY-LAW UPDATE TO ZONING BY-LAW
85-1
Councillor Y. Fernandes declared a pecuniary interest with respect to the Zoning By-law
update related to Kilbirnie Court, as her residence is on the subject street. Accordingly, she did
not participate in any discussion or voting regarding this matter.
The Committee considered Community Services Department report CSD-16-057, dated
November 2, 2016 recommending approval of Zone Change Application ZC16/005/COK/SRM
for the purpose of amending Zoning By-law 85-1 in order to improve administration and provide
clarification in certain areas of the By-law. Ms. S. Rice presented the report and responded to
questions from the Committee.
In response to questions regarding the use of shipping containers, Ms. Ross advised that
53.2.2 of the proposed By-law refers to someone trying to use a shipping container as
habitable space. Councillor Z. Janecki indicated he was still unclear with the proposed
amendment, noting he would follow up with staff prior to the Council meeting to receive further
clarification.
In accordance with her previously declared pecuniary interest, Councillor Fernandes did not
participate in the voting related to Kilbirnie Court.
On motion by Councillor J. Gazzola -
it was resolved:
“That City-initiated amendment ZC16/005/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
October 28, 2016, attached to Community Services Department report CSD-16-057.”
7.CSD-16-061 - ONTARIO MUNICIPAL BOARD (OMB) REFORM
The Committee considered Community Services Department report CSD-16-061, dated
November 16, 2016 recommending endorsement of the Report, and that it be submitted to the
Province as the City of Kitchener’s comments on Ontario Municipal Board reform. Mr. A.
Pinard was in attendance and responded to questions from the Committee.
On motion by Councillor Y. Fernandes -
it was resolved:
“That Community Services Department report CSD-16-061 be endorsed and submitted
to the Province as the City of Kitchener’s comments on Ontario Municipal Board
reform.”
8.ADJOURNMENT
On motion, this meeting adjourned at 9:18 p.m.
D. Saunderson
Committee Administrator