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HomeMy WebLinkAboutPSI Minutes - 2018-05-08 (CRoZBy)PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 8, 2018 CITY OF KITCHENER The Planning and Strategic Initiatives Committee met this date, commencing at 2:33 p.m. Present: Councillor P. Singh, Chair Mayor B. Vrbanovic, Councillors S. Davey, F. Etherington, Y. Fernandes, K. Galloway- Sealock, J. Gazzola, B. Ioannidis, Z. Janecki, S. Marsh and D. Schnider. Staff: M. May, General Manager, Community Services & Deputy Chief Administrative Officer J. Lautenbach, Chief Financial Officer, Financial Services D. McGoldrick, General Manager, Infrastructure Services V. Raab, General Manager, Corporate Services J. Readman, General Manager, Development Services L. Tansley, Assistant City Solicitor A. Pinard, Director, Planning B. Sloan, Manager, Long Range and Policy Planning N. Goss, Senior Planner L. Nelson, Economic Development Analyst R. Kelly-Ruetz, Technical Assistant D. Saunderson, Committee Administrator Councillor P. Singh advised this is a formal public meeting to consider applications under the Planning Act. If a person or public body that would otherwise have an ability to appeal a decision of the City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not make oral submissions at the public meeting or make written submissions to the City of Kitchener before the By-law is passed, the person or public body is not entitled to appeal the decision. 1. DSD-18-002 CRoZBy STATUTORY PUBLIC MEETING (PART ONE) The Committee considered Development Services Department report DSD-18-002 regarding the Comprehensive Review of the Zoning By-law (CRoZBy) and the companion Official Plan amendment. In addition, the Committee was in receipt this date of five written submissions related to CRoZBy. Mr. R. Kelly-Ruetz provided a PowerPoint presentation on the CRoZBy process to date, highlights of what will be included in the final draft By-law, and next steps, noting Council consideration of the final By-law and companion Official Plan amendment will be in 2019. He further advised this was the second of three statutory public meetings planned for CRoZBy; the third session would be held later this date. Ms. A. Sinclair, MHBC Planning, addressed the Committee on behalf of various property owners specifically 370 Highland Road West, 259-275, 300 & 335 Gage Avenue, 322-324 Lawrence Avenue West and 508 Riverbend Drive related to the proposed Zoning By-law review. She indicated the property owner at 370 Highland Road West has concerns with the square footage restrictions on permitted retail space, as well as the ecological overlay that has been identified for the subject property. She advised for the properties municipally addressed as 259-275, 300 & 335 Gage Avenue, she stated properties; however, it will no longer be permitted under the new Zoning By-law. She stated the properties are surrounded by residential uses and the various property owners are requesting -specific basis or through the companion Official Plan Amendment to re-designate the lands as Business Park. Ms. Sinclair stated with regard to the properties municipally addressed as 322-324 Lawrence Avenue West, this area is proposed to be rezoned as industrial, but over time the area has gradually become more of a people-service area, which includes dental offices, health clinics, etc. She stated the majority of these uses will become legal non-conforming under the proposed draft Zoning By-law. She further advised she is also addressing the Committee on behalf of the property owner of 508 Riverbend Drive, stating while they are in support of the proposed Zoning for the subject property, they have concerns with proposed regulations within the By-law related to indoor bicycle parking and indoor showers within existing structures. Mr. D. Aston, MHBC Planning, noting he has circulated a number of written submissions on behalf of various property owners within the City related to the proposed draft Zoning By-law. He stated he has had some discussion with City staff regarding the implementation of various recommendations as outlined in the Residential Intensification in Established Neighbourhoods Study, noting it was his understanding further comments could be made regarding those changes to the current Zoning By-law at the meeting in June when Council is due to consider PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 8, 2018 -11- CITY OF KITCHENER 1. DSD-18-002 CRoZBy STATUTORY PUBLIC MEETING those recommendations. He stated on behalf of the property owner for the vacant parcel of land adjacent to 526 Lancaster Street West, the proposed Zoning for the subject property has been identified as employment lands, which the owner is in support. He indicated the property owner has completed and received Site Plan approval for an Office development on site, which would be prohibited by the future Zoning By-law. He requested consideration be given to a site-specific regulation for that property. Mr. Aston further requested consideration be given to the applications already involved in a planning approval process and allowing them to proceed forward under existing conditions with the possibility of implementing special regulations in the new Zoning By-law if required, stating Perimeter Development as an example that is currently in the process of receiving planning approvals. Mr. B. Peister, McLean-Peister Ltd., addressed the Committee regarding the property municipally addressed as 3328 King Street East. He indicated he is in opposition to the property being rezoned COM-2 (General Commercial), which would prohibit educational establishments. He stated currently there is a private school operating on the lower level of the building and the new Zoning would cause the educational use currently in operation to be Legal Non-Conforming. He added that could potentially affect their ability to expand, and may jeopardize their licence with the Ministry of Education. He requested consideration be given to providing site-specific regulations which would continue to permit the educational use and allow the school to continue to grow and expand on the site. Mr. D. Currie, MHBC Planning, advised he was in support of a number of changes identified within the Zoning By-law. He indicated in his opinion it is clear, equitable and balanced. He noted one area in which he was hoping further consideration would be given is related to bonusing. He indicated the first draft of the Zoning By-law identified the mechanism in which bonusing would be applied and that was related to Floor Space Ratio. He stated in his opinion the mechanism was more equitable than what is being tabled this date. He stated the bonus value now being proposed creates an inequity depending on the size of the site. Mr. Currie further advised his only other point for consideration is whether the Zoning By-law, when passed, could be retro-active to the date which the Official Plan received final approval. He indicated the Zoning By-law is within the regulations that would enact the direction within the new Official Plan, advising in his opinion it would be more appropriate if the dates were succinct. Mr. V. Bender, Schlegel Urban Development and Mr. G. Scheels, GSP Group Inc., circulated a presentation to Committee this date regarding the proposed draft Zoning By-law. He stated he was in attendance this date on behalf of various properties in the Southwest area of the City, more commonly known as the Williamsburg Towncentre. He expressed concerns with the proposed MIX-3 Zoning stating it is the highest density zone proposed within the Zoning By- law. He expressed concerns with existing versus new developments being subject to the same regulations, the percentage of façade openings required and proposed building height requirements as examples of the proposed Zone that would be challenging to comply with. Mr. Scheels stated in his opinion, matters such as façade openings should be guidelines within an Urban Design Manual, they should not be regulations within the Zoning B-law. Mr. Bender stated Schlegel Developments continues to try to build complete communities, but the MIX-3 Zone may be too advanced to achieve through the proposed regulations. Mayor B. Vrbanovic left the meeting at this time. Ms. E. Elliot, MHBC Planning, addressed the Committee in opposition to the proposed Zoning for 6 Shirley Avenue. She stated the property owner is in support of the designation identified for the subject property in the new Official Plan. She indicated through that review process, it was identified that site-specific regulations would be required for the property that have not been carried forward in the new draft Zoning By-law. She requested the site-specific regulations as discussed by staff be carried forward, noting without those regulations the property would become legal non-conforming. Mr. G. Scheels, GSP Group Inc., stated it was his intention to submit formal letters to staff regarding a number of properties located within the Downtown Zones, noting he has not yet submitted those to date. He stated in his opinion the densities identified for the Downtown Core PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 8, 2018 -12- CITY OF KITCHENER 1. DSD-18-002 CRoZBy STATUTORY PUBLIC MEETING are too low, and as mentioned by the previous delegation the mechanism for which the bonusing would be achieved was preferred in the first draft. He further advised it is his opinion that some areas of the Zoning By-law are too prescriptive; such as window openings, should Urban Design Guideline manual rather than the Zoning By- law. Mayor B. Vrbanovic re-entered the meeting at this time. The Committee recessed at 4:07 p.m. and reconvened at 7:01 p.m., Chaired by Councillor P. Singh with all members present. Councillor P. Singh advised this is a formal public meeting to consider applications under the Planning Act. If a person or public body that would otherwise have an ability to appeal a decision of the City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not make oral submissions at the public meeting or make written submissions to the City of Kitchener before the By-law is passed, the person or public body is not entitled to appeal the decision. 1. DSD-18-002 CRoZBy STATUTORY PUBLIC MEETING (PART TWO) Ms. L. Nelson provided a PowerPoint presentation on the CRoZBy process to date, highlights of what will be included in the final draft By-law, and next steps, noting Council consideration of the final By-law and companion Official Plan amendment will be in 2019. She stated this is the final of three statutory meetings being held for the proposed draft Zoning By-law. Councillor P. Singh noted a document containing summary of the 88 written submissions has been circulated to the Committee this date for consideration. He indicated it is staffs intention to review those submissions prior to the final draft of the Zoning By-law being brought forward for consideration in 2019. Ms. S. Massel and Mr. L. Kotseff addressed the Committee on behalf of the residents on Upper Mercer and Woolner Trail. Ms. Massel noted their request this date is that the publicly- owned lands municipally addressed as 155 Woolner Trail owned by the City currently Zoned A1, and the property adjacent to 155 Woolner Trail owned by the Grand River Conservation Authority (GRCA) be rezoned in the new Zoning By-law as P-3 Passive Public Parkland. She indicated they provided a written submission including a petition of approximately 100 signatures in support of their request. Mr. E. Davis, Miller Thomson LLP, addressed the Committee on behalf of D.G.F. Management Ltd., the property owner of 491, 525, 563 Highland Road West. He requested consideration be given holding off approval of the new Zoning By-law Official Plan have been completed. He further requested that language be included in the new Zoning By-law that would recognize previously approved Committee of Adjustment decisions. Mr. Davis noted the properties are in a current state of transition and being rezoned to a Legal Non-Conforming status does not address the concerns identified by the property owner during this time of transition. Ms. M. DesRosier property owner of 491, 525, 563 Highland Road West was also in attendance to respond to questions from the Committee. Councillor Z. Janecki left the meeting at this time. Mr. P. Benninger, Coldwell Banker Peter Benninger Realty, addressed the Committee on behalf of the property municipally addressed as 508 Riverbend Drive. He expressed concerns with some of the proposed regulations in the new draft Zoning By-law related to the subject property, including minimum and maximum parking requirements as well as the regulations that may cause costly retrofits he was opting to redevelop on the site. He indicated he would like to ensure his property is in full compliance, following the implementation of the Zoning By- law. He expressed concern with the property becoming Legal Non-Conforming advising in his opinion, will significantly reduce the property value of the subject property. Mr. K. Patel addressed the Committee on behalf of the Embassy Hotel municipally addressed as 4521 King Street East. He indicated the proposed COM-3 use for the property, which would have adverse impacts on the property owner. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 8, 2018 -13- CITY OF KITCHENER 1. DSD-18-002 CRoZBy STATUTORY PUBLIC MEETING Mr. S. Patterson, Labreche Patterson & Associates addressed the Committee on behalf of the property owner for the property municipally addressed as 4195 & 4233 King Street East. He stated the property was developed in 2016 under the C-6 designation. He stated the proposed COM- requested consideration be given to site-specific Zoning that would permit that use following the implementation of the new Zoning By-law. Mr. K. Murphy advised he owns a property on Bloomingdale Road that is subject to regulations by the GRCA. He stated the GRCA has advised they are in the process of updating the mapping for the area to confirm what would be identified as hazardous lands and he requested Council delay considering approval of the final Zoning By-law until the mapping has been completed. He noted the mapping would determine how much of the property is located within the flood plan and would be rendered undevelopable, which would affect the value of the land. In response to questions, Ms. Goss advised the GRCA has indicated they have received the required technical data to update their mapping and it is anticipated to be completed prior to Council considering the final Zoning By-law in 2019. Mr. Fred Wagner advised he owns a vacant property municipally addressed as 25 Shirk Place. He stated concerning the new Zoning By-law, it would be his preference to see the parcel of land designated for public use. He noted it was his understanding that the parcel is currently Zoned P3 and has been identified by the GRCA as flood plain area. He stated in his opinion the connections to Bechtel Park in Waterloo would make this property a good candidate for beautification and potentially available for public use. Mr. A. Gastmeier advised he owns a vacant parcel of land municipally addressed as 20 Bridge Street West and it was his understanding the property will be rezoned partially EUF in the new Zoning By-law, which would make the parcel undevelopable Councillor P. Singh left the meeting at this time and Councillor B. Ioannidis assumed the Chair. Councillor P. Singh re-entered the meeting and resumed the Chair. In response to questions, Ms. Voss advised any oral and written submissions were required to be submitted as part of the Statutory Public Meeting, noting it is a requirement outlined in the Planning Act. She stated those people who addressed the Committee this date are required to provide written submission or have fulfilled the requirement of being an interested party by making an oral submission. She stated those people would likely have an opportunity to formalize their submissions in writing following the close of this meeting if they wished. She further advised staff would consider any comments received, and further discussions would be had with those people prior to tabling the final Zoning By-law. Ms. Voss further advised it is staffs intention to summarize the comments received to date for Councils review. It was noted any recommendation arising from this matter would be considered at a Special Council meeting later this date. The following motion was then voted on and Carried Unanimously on a recorded vote. On motion by Councillor S. Davey it was resolved: That the oral and written submissions received at the statutory public meetings, held on April 30 and May 8, 2018, on the final draft Zoning By-law and companion Official Plan -18-002, be considered in the preparation of the final Zoning By-law and companion Official Plan amendment; and further, That following the statutory public meeting, staff brings forward a final Zoning By-law and companion Official Plan amendment for consideration of adoption by Council in 2019 PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES MAY 8, 2018 -14- CITY OF KITCHENER 2. ADJOURNMENT On motion, this meeting adjourned at 8:21 p.m. D. Saunderson Committee Administrator