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HomeMy WebLinkAboutPSI Minutes - 2018-09-10PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES SEPTEMBER 10. 2018 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, Councillors S. Davey, F. Etherington, Y. Fernandes, K. Galloway- Sealock, J. Gazzola, B. loannidis, Z. Janecki, S. Marsh and D. Schnider. Staff: D. Chapman, Chief Administrative Officer J. Readman, General Manager, Development Services A. Pinard, Director, Planning D. Ross, Manager, Development Review L. Tansley, Assistant City Solicitor B. Bateman, Senior Planner A. Pinnell, Planner J. Rodrigues, 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 -18-014 - OFFICIAL PLAN AMENDMENT — OP17/004/S/BB - ZONING BY-LAW AMENDMENT — ZC17/011/S/BB - 270 SPADINA KITCHENER INC. - 270 SPADINA ROAD EAST The Committee considered Development Services Department report DSD -18-014, dated July 31, 2018, recommending approval of Official Plan Amendment OP17/004/S/BB; approval of Zoning By-law Amendment ZC17/011/S/BB; and, endorsement of the Urban Design Brief (UDB) to permit the development of an attached six -storey addition to the existing multiple dwelling located at 270 Spadina Road East. Mr. Bateman presented the Report and responded to questions from the Committee. Mr. P. Chauvin, MHBC Planning, addressed the Committee in support of the subject application and staff recommendation. He provided interior and exterior images of the existing structure facing Spadina Road prior to renovations, noting the considerable decline within the building. He also provided images of the existing building after renovations and images of the buildings' addition facing Highland Road. He provided a summary of the revised application, noting there were changes to the original application with respect to the number of units, Floor Space Ratio (FSR), total proposed parking spaces, and required visitor parking. He further advised the subject dwelling is located within an intensification area, close to transit, other commercial uses, parks and community facilities, and will provide an attainable housing opportunity to individuals or families who wish to live in the neighbourhood. In response to questions from the Committee, Mr. Chauvin advised the rental rates of the renovated units are based on 30 percent of $55,000., noting this is the average gross family income in the area. Members of the Committee expressed a desire for a percentage of the units within the building to be affordable housing units, noting the previous tenants of the existing units were lower- income families. Mr. Bateman advised there is currently no bonusing provision that applies to the subject application, noting bonusing typically applies within transit areas. He indicated staff could explore the opportunity for the City to implement affordable housing units within the building and report back to Council at a later date. Councillor Y. Fernandes brought forward an amendment directing the property owner to designate at least 10 percent of the total number of units as affordable housing units. Ms. B. Pomper addressed the Committee to express concerns with the elimination of on -street parking along Wentworth Avenue. She noted residents who live on Wentworth Avenue wish to see parking permitted on one side of the street. She was asked to provide her contact information to Mr. J. Readman who will direct transportation staff to address the neighbourhood parking concerns. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES SEPTEMBER 10, 2018 -22- CITY OF KITCHENER DSD -18-014 - OFFICIAL PLAN AMENDMENT — OP17/004/S/BB - ZONING BY-LAW AMENDMENT — ZC17/011/S/BB - 270 SPADINA KITCHENER INC. - 270 SPADINA ROAD EAST (CONT'D) Councillor P. Singh left the meeting and Councillor B. loannidis assumed the Chair. Councillor P. Singh re-entered the meeting and reassumed the Chair. Councillor K. Galloway-Sealock expressed concerns with the timing of Councillor Y. Fernandes' amendment, noting staff should have the opportunity to discuss the option for affordable housing units with the owner of the subject property. She put forward a motion to defer Councillor Y. Fernandes' amendment. Councillor K. Galloway-Sealock's deferral motion was voted on and Carried on a recorded vote with Mayor B. Vrbanovic and Councillors J. Gazzola, S. Marsh, D. Schnider, K. Galloway- Sealock, S. Davey, F. Etherington, and P. Singh voting in favour; and, Councillors Z. Janecki, Y. Fernandes, and B. loannidis voting in opposition. The following motion was voted on and Carried on a recorded vote with Mayor B. Vrbanovic and Councillors J. Gazzola, S. Marsh, D. Schnider, Z. Janecki, K. Galloway-Sealock, S. Davey, B. loannidis, F. Etherington, and P. Singh voting in favour; and, Councillor Y. Fernandes voting in opposition. On motion by Councillor S. Davey— it was resolved: "That Official Plan Amendment Application OP17/004/S/BB for 270 Spadina Kitchener Inc., requesting a change in designation from Low Density Multiple Density Residential to Medium Density Multiple Residential to permit a multiple residential development on the parcel of land specified and illustrated on Schedule 'A', be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD - 18 -014 as Appendix 'A', and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZC17/011/S/BB for 270 Spadina Kitchener Inc., requesting a zoning by-law amendment from Residential Seven (R-7) to Residential Eight (R-8) with Special Regulation Provision 738R on the parcel of land specified and illustrated on Map No. 1, be approved in the form shown in the "Proposed By-law" dated July 17, 2018, attached to Report DSD -18-014 as Appendix 'B' and that in accordance with Planning Act Regulation 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zone Change Application ZC17/011/S/BB"; and further, That the Urban Design Brief (UDB) attached to Report DSD -18-014 as Appendix 'C', be endorsed, and that staff be directed to apply the Urban Design Brief through the Site Plan Approval process. Any minor changes to the Urban Design Brief will be to the satisfaction of the Director of Planning." 2. DSD -18-079 -ZONING BY-LAW AMENDMENT ZC17/003/F/AP - 1250, 1270, AND 1314 FISCHER-HALLMAN ROAD - WAM FISCHER-HALLMAN GP INC. (A.K.A. ONE PROPERTIES) The Committee considered Development Services Department report DSD -18-079, dated August 22, 2018, recommending approval of City -initiated Zoning By-law amendment ZC17/003/F/AP, for the purpose of consolidating the properties municipally addressed as 1250, 1270, and 1314 Fischer -Hallman Road for comprehensive development. Mr. A. Pinnell presented the Report and responded to questions from the Committee. In addition, the Committee was in receipt this date of an Internal Memo regarding the revised draft zoning by- law that should replace Appendix 'A' of Report DSD -18-079. Mr. M. Campbell, Zelinka Priamo LTD., agent on behalf of the applicant One Properties, addressed the Committee in support of the subject application and staff recommendation. He advised the subject properties are within the Mixed Use Two designation of the Rosenburg Secondary Plan. He advised the development is comprised of three phases: the first phase being PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES SEPTEMBER 10. 2018 -23- CITY OF KITCHENER 2. DSD -18-079 -ZONING BY-LAW AMENDMENT ZC17/003/F/AP - 1250, 1270, AND 1314 FISCHER-HALLMAN ROAD - WAM FISCHER-HALLMAN GP INC. (A.K.A. ONE PROPERTIES) (CONT'D) a food store and 3 commercial buildings with multiple tenants in each; the second phase being three 10-12 storey apartment buildings with underground parking; and, the third phase being a 6-10 storey mixed-use building, with retail and restaurant uses on the ground floor and the option for office or residential units above. He noted the commercial buildings will be located 3m from Fischer -Hallman Road frontage, adding the Rosenburg Secondary Plan speaks to locating buildings in close proximity to the street. Mr. J. Marshall, One Properties, was in attendance to address the Committee in support of the subject application and staff recommendation. Mr. J. Alati, Davies Howe, agent on behalf of Becker Estates Inc. and Huron Crossing Developments Inc., owners of the undeveloped lands located at the southeast and northwest corners of Fischer -Hallman and Huron Road (the "Properties"), addressed the Committee in opposition to the proposed application. The Committee was in receipt this date of a letter from Mr. Alati, two maps from the Rosenburg Secondary Plan, and a report from his client's market consultant, Tate Economic Research Inc. He indicated the owners obtained party status when this application was appealed to the Ontario Municipal Board (OMB), noting it is his understanding that the applicant has withdrawn the appeal. He advised under the City's Official Plan, his client's properties are within the "Community Node Area", noting this area is intended to be the highest priority for commercial development within the community. He indicated the application before Council this date has a lower classification in terms of priority than his client's proposal for Fischer -Hallman and Huron Road. He noted in his opinion, if the application is approved this date to allow a grocery store, it may impede the ability of his client to develop their lands, which also includes a grocery store. He further noted according to the Tate Economic Research Inc. Report, the ability for his client to operate a grocery store on those lands may be frustrated and undermined if the subject application is approved this date. He indicated a decision to approve the subject application would be contrary to the City's policies and the Rosenburg Plan. He requested the Committee defer consideration of the matter until efforts have been made to resolve and address his client's concerns. He requested if the City approves the WAM application this date, they place a hold on the development of any grocery store until after the year 2031. Councillor Z. Janecki requested staff to comment on their communication to date with Mr. Alati and whether a deferral motion is appropriate to consider. Mr. A. Pinnell advised there is no contravention of the Rosenburg Secondary Plan policies, stating the Mixed Use Two designation within the Plan encourages higher commercial densities. He noted in 2011, the City undertook the Southwest Kitchener Urban Study containing a third - party market analysis. He advised the analysis clearly demonstrated a significant amount of commercial development is warranted as well as food space being located within the Rosenburg community. He indicated Mr. Alati's firm was circulated correspondence regarding the subject application within the legislated timelines. He advised servicing is available to this site and does not require major additional infrastructure extensions, noting there is a holding provision until the owner obtains a legal stormwater outlet. He further stated he was not aware of any site plan proposal for the development at Fischer -Hallman and Huron Road, noting the City has received a site plan for the subject application. In response to questions from the Committee regarding the second clause in staff's recommendation, Ms. D. Ross advised under the Planning Act a moratorium is in place, noting this prohibits a minor variance applications for two years after a Zoning By-law amendment is approved unless Council passes a motion. She indicated the subject application is in the early stages of the site plan process and staff would prefer to leave the option available in case a minor variance is required. A motion was brought forward by Councillor Z. Janecki to defer this matter to the September 24, 2018 Council meeting, to allow time for Council to receive additional information. Mr. A. Pinard advised timing is important to the applicant due to commitments made with potential leasers. He further noted by virtue of taking this to Committee and subsequently Council this evening, the applicant has agreed to withdraw their Ontario Municipal Board appeal. PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES SEPTEMBER 10, 2018 -24- CITY OF KITCHENER 2. DSD -18-079 -ZONING BY-LAW AMENDMENT ZC17/003/F/AP - 1250, 1270, AND 1314 FISCHER-HALLMAN ROAD - WAM FISCHER-HALLMAN GP INC. (A.K.A. ONE PROPERTIES) (CONT'D) On motion by Councillor S. Marsh - it was resolved: "That an in -camera meeting of Planning and Strategic Initiatives Committee be held this date to consider a matter subject to solicitor -client privilege involving the disposition of the subject application." The Committee recessed at 8:18 p.m. and reconvened at 8:32 p.m., chaired by Councillor P. Singh with all members present. Councillor Z. Janecki's deferral motion was voted on and LOST on a recorded vote with Mayor B. Vrbanovic and Councillors Y. Fernandes, B. loannidis, and Z. Janecki voting in favour; and, Councillors J. Gazzola, S. Marsh, D. Schnider, K. Galloway-Sealock, S. Davey, F. Etherington, and P. Singh voting in opposition. It was noted any recommendation arising from this matter would be considered at a Special Council meeting later this date. The following motion was voted on and Carried on a recorded vote with Mayor B. Vrbanovic and Councillors J. Gazzola, S. Marsh. D. Schnider, K. Galloway-Sealock, S. Davey, F. Etherington, and P. Singh voting in favour; and, Councillors Z. Janecki, Y. Fernandes, and B. loannidis voting in opposition. On motion by Councillor K. Galloway-Sealock — it was resolved: "That Zoning By-law Amendment Application ZC17/003/F/AP for WAM Fischer -Hallman GP Inc. be approved in the form shown in the "Proposed By-;aw" and "Map No. 1" attached to Development Services Department report DSD -18-079 as Appendix 'A'; and, That in accordance with Planning Act section 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZC17/003/F/AP; and further, That the Master Plan and Urban Design Report for 1250, 1270, and 1314 Fischer -Hallman Road, attached to Development Services Department report DSD -18-079 as Appendix 'B', be endorsed and provide the basis for future site development." 3. ADJOURNMENT On motion, this meeting adjourned at 8:36 p.m. J. Rodrigues Committee Administrator