Planning and Strategic Initiatives

Committee Minutes

Monday, June 19, 2023 at 6:30 P.m. - 10:00 P.m.

Council Chambers - Hybrid

City of Kitchener

200 King Street W, Kitchener, ON N2G 4G7

Present:

• Mayor B. Vrbanovic
• Councillor S. Davey
• Councillor D. Schnider
• Councillor J. Deneault
• Councillor C. Michaud
• Councillor A. Owodunni
• Councillor P. Singh
• Councillor B. Ioannidis
• Councillor M. Johnston
• Councillor D. Chapman
• Councillor A. Clancy

Staff:

• D. Chapman, Chief Administrative Officer
• J. Readman, General Manager, Development Services
• G. Stevenson, Interim Director of Planning
• J. Oosterveld, Manager Customer Experience and Project Management
• T. Malone-Wright, Interim Manager, Development Review
• N. Goss, Manager Policy & Research
• B. Bateman, Senior Planner
• C. Dumart, Senior Planner
• T. Roberts, Project Manager, Planning
• K. Anderl, Senior Planner
• D. Saunderson, Deputy Clerk
• M. Blake, Committee Administrator

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1.

MEETING PART TWO - 6:30 p.m.

2.

Reconvene 

The meeting of the Planning and Strategic Initiatives Committee reconvened at approximately 6:30 p.m.

3.

Disclosure of Pecuniary Interest and the General Nature Thereof

None.

4.

Public Hearing Matters under the Planning Act (Advertised)

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 Land Tribunal and may not be added as a party to a hearing of an appeal before the Ontario Land Tribunal.

4.1

Draft Plan of Subdivision 30T-18202, Official Plan Amendment Application OP18/006/B/GS and Zoning By-law Amendment Application ZBA18/007/B/GS, Bleams Rd & Gehl Pl, 2079546 Ontario Limited (Mattamy Homes Canada), DSD-2023-256

The Committee considered Development Services Department report DSD-2023-256, dated May 23, 2023, recommending adoption of Draft Plan of Subdivision Application 30T-18202; Official Plan Amendment Application OPA18/006/B/GS; and, Zoning By-law Amendment Application ZBA18/007/B/GS, for the Vacant land on the corner of Bleams Road and Gehl Place for 2079546 Ontario Ltd. (Mattamy Homes Canada).

G. Stevenson, Interim Director of Planning presented the staff report. T. Malone-Wright, Interim Manager Development Review was also in attendance to respond to questions from the Committee.

D. Riley, SGL Planning addressed the Committee in support of the Staff recommendation.

In response to questions from the Committee regarding pedestrian safety on the subject regional road, G. Stevenson stated the Region has been conducting an alternative design consultation regarding the reconstruction of Bleams Road. G. Stevenson noted this section of Bleams Road will transition from a rural cross section to a more urban standard, including off-road facilities to support active transportation. G. Stevenson stated the draft plan for the Mattamy Homes North subdivision, that was approved by Council in August 2022, includes plans to implement road widening blocks on Bleams Road, dedicated to the Region to accommodate additional road widening and new roundabouts.

Questions were also raised by the Committee regarding the potential for staff to further discuss community benefit and affordable housing opportunities with the developer. Staff noted the zoning for this development will include special regulations to permit three units within a street fronting townhouse or within a semi-detached house, resulting in increased density. G. Stevenson also noted the developer offers custom build pre-sale opportunities that would serve to benefit those seeking builds supporting multigenerational homes.

In response to further questions, G. Stevenson stated this plan will implement the two-minute walk model, highlighted in the Rosenburg Secondary Plan. G. Stevenson informed the Committee there is a variety of active and park uses throughout this proposed development, including but not limited to, central neighborhood parks, and connecting active trails.

• On motion by Councillor A. Owodunni

  it was resolved:

  "That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-18202 in the City of Kitchener for the Vacant land on the corner of Bleams Road and Gehl Place, for 2079546 Ontario Limited (Mattamy Homes Canada), subject to the conditions attached to Development Services Department Report DSD-2023-256 as Appendix ‘A’; and,

  That Official Plan Amendment Application OP18/006/B/GS for 2079546 Ontario Limited requesting a change to the Land Use Designation on the parcels of land specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2023-256 as Appendix ’B’, and accordingly forwarded to the Region of Waterloo for approval; and further,

  That Zoning By-law Amendment Application ZBA18/007/B/GS to amend Zoning By-laws 85-1 and 2019-051 for 2079546 Ontario Limited be approved in the form shown in the “Proposed By-law” and “Map No. 1” attached to Report DSD-2023-256 as Appendix ‘C’."

  Carried

4.2

Draft Plan of Subdivision 30T-19201, Official Plan Amendment Application OPA19/002/C/GS and Zoning By-law Amendment Application ZBA19/005/C/GS,263, 321- 325 Courtland Ave E, 230 and 240 Palmer Ave and 30 Vernon Ave, DSD-2023-254

The Committee considered Development Services Department report DSD-2023-254, dated May 19, 2023, recommending approval of Plan of Subdivision Application 30T-19201; adoption of Official Plan Amendment Application OPA/19/002/C/GS, and Zoning By-law Amendment Application ZBA19/005/C/GS; and, that the Urban Design Report attached to Report DSD-2023-254 be adopted, for the properties municipally addressed as 321-325 Courland Avenue East, 230 and 240 Palmer Avenue, and 30 Vernon Avenue.

C. Dumart, Senior Planner presented the staff report. G. Stevenson and T. Malone-Wright were also in attendance to respond to questions from the Committee.

C. Pidgeon, GSP Group, J. Crich, Auburn Developments Inc., and J. Mancini, The Working Centre addressed the Committee in support of the staff recommendation and were in attendance to respond to questions from the Committee.

In response to questions from the Committee, C. Pidgeon noted 135 units, or 4% of the units in the proposed development are considered onsite affordable housing. C. Pidgeon also stated, Auburn developments has committed to payment of $850, 000 to The Working Centre in support of affordable housing as well.

Questions were raised by the Committee regarding the development of the onsite park. C. Pidgeon confirmed the park will be built prior to one thousand units being built.

Councillor A. Owodunni left the meeting at this time.

In response to Committee concerns regarding traffic, C. Dumart stated a transportation study was performed to analyze traffic volumes in the surrounding area. C. Dumart noted the application proposes extensive mitigation measures, such as left turn lanes, traffic control signals, and restricting traffic to one way on Borden Avenue.

Councillor A. Owodunni re-entered the meeting at this time. 

Questions were raised by the Committee regarding the location of the park outlined in the proposed development. G. Stevenson noted the development has extended beyond the required dedication of parkland. G. Stevenson stated the park's central location allows it to be immediately adjacent to the Privately Owned Park (POP) space, creating an overflow space when programming is scheduled. G. Stevenson also noted the park location connects Kent Avenue to Charles Street through active trails.

• On motion by Councillor D. Chapman

  it was resolved:

  "That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-19201 in the City of Kitchener, for the property municipally addressed as 321-325 Courtland Ave, 230 and 240 Palmer Ave and 30 Vernon Ave, for 321 Courtland Ave Developments Inc. subject to the conditions attached to Development Services Department Report DSD-2023-254 as Appendix ‘A’; and

  That Official Plan Amendment Application OPA/19/002/C/GS 321 Courtland Ave Developments Inc. requesting a change in land use designation on the parcels of land specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2023-254 as Appendix ‘B’, and accordingly forwarded to the Region of Waterloo for approval; and

  That Deferral No. 8 from Map 6 - Natural Heritage System in the 2014 OP be lifted on the parcels of land specified and illustrated on Schedule ‘B’; be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2023-254 as Appendix ‘B’, and accordingly forwarded to the Region of Waterloo for approval; and

  That Zoning By-law Amendment Application ZBA19/005/C/GS for 321 Courtland Ave Developments Inc. be approved in the form shown in the ‘Proposed By-laws’, and ‘Map No. 1’, attached to Report DSD-2023-254 as Appendix ‘C’; and further

  That the Urban Design Report dated February 2023 and attached to Report DSD-2023-254 as Appendix ‘D’, be adopted, and that staff be directed to apply the Urban Design Report through the Site Plan Approval process."

  Carried

4.3

Official Plan Amendment Application OPA22/016/H/BB and Zoning By-law Amendment Application ZBA22/028/H/BB, 130, 140 Highland Road and 270 Spadina Avenue, 270 Development Inc, DSD-2023-260

The Committee considered Development Services Department report DSD-2023-260, dated May 25, 2023, recommending adoption of Official Plan Amendment Application OPA22/016/H/BB and Zoning By-law Amendment Application ZBA22/028/H/BB, for the properties municipally addressed as 130-140 Highland Road East. It was noted by the Committee that written submissions were received by B. Ikic and K. Harris.

B. Bateman, Senior Planner presented the report. G. Stevenson and T. Malone-Wright were also in attendance to respond to questions from the Committee.

Councillor Singh left the meeting at this time, and Councillor Chapman assumed the chair.

Councillor Singh re-entered the meeting and resumed Chair at this time.

B. Bateman stated since the report was published additional discussions were had between the developer and staff related to staff recommendation, noting 130 and 140 Highland Road East as the properties are not technically consolidated with 270 Spadina Road. As a result, the lands at 130 and 140 Highroad Road East will be a separate property and the location of yards are measured differently. B. Bateman requested an amendment to the Zoning By-law to reflect technical amendments related to the existing building, specifically having a rear yard of 0.0 m and the interior side yard of 0.0m; also, the step back requirement of 3.0 metres at the 11th floor is reduced to 1.5 metres along Highland Road. The building has not changed since the preparation of the report.

P. Chauvin, MHBC Planning addressed the Committee in support of the Staff recommendation and the amendment as proposed by B. Bateman. S. Litt was also in attendance to respond to questions from the Committee.

As per the request from staff and the applicant, the Committee agreed to amend the staff recommendation to reflect setback amendments as proposed.

S. Suriano, A. Culquicondor Ruiz, L. Payne and R. Payne addressed the Committee in opposition to the proposed development, noting concerns with traffic in the surrounding area, transit and active transportation access, as well as regarding concerns with the height of the building and corresponding shadow impacts on surrounding residents and businesses.

In response to questions from the Committee, B. Bateman noted the corner location of the property creates an opportunity for increased building set back, as there are no adjacent buildings to align with.

• On motion by Councillor J. Deneault

  it was resolved:

  "That Official Plan Amendment Application OPA22/016/H/BB for the property municipally addressed as 130, 140 Highland Road and 270 Spadina Avenue, for 270 Development Inc. be adopted in the form shown in the Official Plan Amendment attached to Development Services Department Report DSD-2023-260 as Attachments A, and, accordingly, forwarded to the Regional Municipality of Waterloo for approval; and,

  That Zoning By-law Amendment Application ZBA22/028/H/BB for 270 Development Inc. be approved, as amended in the form shown in the Proposed By-law and Map No. 1, attached to Report DSD-2023-260 as Attachments ‘B’; and further,

  That the Urban Design Brief prepared by MHBC Planning, (Revised dated April 2023), attached as Attachment ‘C’ to report DSD-2023-260 be endorsed, and that staff be directed to implement the Urban Design Brief through future Site Plan Approval processes."

  Carried, as amended

4.4

Implementation of Bill 13, Bill 109, and Bill 23,City-Initiated Official Plan Amendment Application OPA23/001/K/TR and City-Initiated Zoning By-law Amendment Application ZBA23/004/K/TR, DSD-2023-239

The Committee considered Development Services Department report DSD-2023-239, dated June 8, 2023, recommending adoption of the City Initiated Official Plan Amendment OPA23/001/K/TR; and, approval of the City Initiated Zoning By-law Amendment Application ZBA23/004/K/TR.

J. Oosterveld, Manager of Customer Service and Project Management presented the staff report. T. Roberts, Project Manager, Katie Anderl, Project Manager, N. Goss, Manager Policy and Research, T. Malone-Wright and Garett Stevenson were also in attendance to respond to questions from the Committee.

In response to questions from the Committee, G. Stevenson noted a new definition of a “parcel of urban residential land” was adopted through Bill 23, indicating “land within an area of settlement where residential use, other than ancillary residential use, is permitted by by-law and which is served by municipal sewer and water services”. G. Stevenson stated Staff recommend a Zoning By-law Amendment to permit up to 3 dwelling units on a parcel of urban residential land as a result. G. Stevenson stated staff can apply performance standards for zoning compliance review as a part of these measures, however, are not currently taking a strict approach regarding this matter.

Councillor Chapman noted the requirement to have digital neighborhood meetings to engage community members regarding the development process may pose accessibility concerns.

J. Readman, General Manager, Development Services informed the Committee, Staff have experienced increased participation and a wide range of individuals attending neighborhood meetings since transitioning to digital meetings. J. Readman noted instances of individuals requesting in person meetings, or further conversation regarding development applications have been accommodated. J. Readman also noted the heavy workload of Planning Staff, and the cost-savings, flexibility and efficiency digital meetings provide to alleviate these concerns.

Councillor Chapman brought forward a motion to amend clause 7 of the staff recommendation to state "hybrid neighborhood meeting" instead of "digital neighborhood meeting." Councillor Chapman requested a recorded vote regarding this matter.

Councillor Chapman's motion was voted on and LOST on a recorded vote, with Councillor D. Chapman voting in favour; and Mayor B. Vrbanovic and Councillors A. Clancy, A. Owodunni, S. Davey, B. Ioannidis, C. Michaud, D. Schnider, J. Deneault, M. Johnston and P. Singh voting in opposition.

• On motion by Councillor S. Davey

  it was resolved:

  "That City Initiated Official Plan Amendment OPA23/001/K/TR, for the purpose of implementing Bill 13, Bill 109, and Bill 23, including policies to delegate certain minor zoning by-law amendments to staff, policies to update public consultation matters, and to update the Official Plan to reflect new Provincial legislation, be adopted in the form shown in the Official Plan Amendment attached to Development Services Department Report DSD-2023-239 as Appendix ‘A1’, and accordingly forwarded to the Region of Waterloo for approval; and,

  That City Initiated Zoning By-law Amendment Application ZBA23/004/K/TR to amend Zoning By-law 85-1, be approved in the form shown in the “Proposed By-law” attached to Report DSD-2023-239 as Appendix ‘B1’; and,

  That City Initiated Zoning By-law Amendment Application ZBA23/004/K/TR to amend Zoning By-law 2019-051, be approved in the form shown in the “Proposed By-law” attached to Report DSD-2023-239 as Appendix ‘B2’, for the purpose of adding new regulations for developments no longer subject to site plan control relating to design and site functionality elements, and to align with new permissions for Additional Dwelling Units; and,

  That the By-law 2005-170 and By-law 2007-042 and By-law 2012-069, being the City of Kitchener Delegated Approval By-law, as amended, be repealed and replaced with the “Proposed By-law” attached to Report DSD-2023-239 as Appendix ‘C’, to delegate minor zoning by-law amendments including the removal of Holding provisions and zoning by-law amendments which are minor in nature to make clerical, technical, administrative, and other minor amendments to the Zoning By-law to the Director of Planning; and,

  That the By-law 2007-41, as amended by By-law 2012-070, being Chapter 683 – Site Plan Control of the Municipal Code, as amended, be repealed, and replaced with the “Proposed By-law” attached to Report DSD-2023-239 as Appendix ‘D’, for the purpose of updating the Municipal Code to align with revised site plan control requirements in the Planning Act; and,

  That the By-law 2013-093, being Chapter 620 - Demolition Control of the Municipal Code, be amended by the “Proposed By-law” attached to Report DSD-2023-239 as Appendix ‘E’, to include lands zoned RES 1 through RES-5 within the Demolition Control Area; and,

  That Council Policy MUN-PLA-1095 - Public Participation in the Planning Process, be amended by the “Proposed Council Policy” attached to Report DSD-2023-239 as Appendix ‘F’, to recognize current practices which include postcard notifications to property owners and occupants within 240 metres, to have digital Neighbourhood Meeting for development applications, and to allow for revised notice requirements; and,

  That Council Policy FIN-GRA-2006 - Development Charges Payment for Affordable Rental Housing and FIN-PLA-2031 - Affordable Housing Development Charges Waiver Policy, attached as Appendix ‘G’, be repealed in their entirety as due to recent changes to the Development Charges Act through Bill 23, non-profit housing developments are now exempt from paying Development Charges (DCs); and further,

  That two additional FTEs be added to the core complement of the Planning Division to support the timely review of development application in accordance with the timeframes prescribed by Provincial legislation."

  Carried

5.

Adjournment

On motion, this meeting adjourned at 10:41 p.m.

 

Mariah Blake
Committee Administrator