Planning and Strategic Initiatives

Committee Minutes

Monday, September 12, 2022 at 3:00 P.m. - 7:30 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. Gazzola
• Councillor C. Michaud
• Councillor K. Galloway-Sealock
• Councillor P. Singh
• Councillor B. Ioannidis
• Councillor M. Johnston
• Councillor D. Chapman
• Councillor S. Marsh

Staff:

• D. Chapman, Chief Administrative Officer
• M. May, General Manager, Community Services and Deputy Chief Administrator
• V. Raab, General Manager, Corporate Services
• J. Readman, General Manager, Development Services
• J. Lautenbach, Chief Financial Officer, Financial Services
• D. McGoldrick, General Manager, Infrastructure Services
• B. Rowland, Director, Corporate Communications and Marketing
• G. Stevenson, Interim Director of Planning
• E. Schneider, Senior Planner
• T. Seyler, Senior Planner
• E. Robson, Manager of Arts and Creative Industries
• C. Dumart, Senior Planner
• K. Varoline, Program Assistant, Arts and Creative Industries
• D. Saunderson, Deputy Clerk
• M. Blake, Committee Administrator
• M. Mills, Committee Administrator

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1.

MEETING PART ONE - 3:00 p.m. - 4:00 p.m.

2.

Commencement

The Planning and Strategic Initiatives Committee held an electronic meeting this date, commencing at 3:00 p.m.

3.

Consent Items

3.1

Limiting Distance Agreement with the Owner of 17 Benton St. and the Corporation of the City of Kitchener, pursuant to Div. B, 3.2.3.1.(11) of the Ontario Building Code - DSD-2022-406, DSD-2022-406

The Committee considered Development Services Department report DSD-2022-406, dated August 9, 2022, recommending the Mayor and Clerk be authorized to execute an agreement to permit the construction of new exterior openings for the property municipally addressed as 17 Benton Street, also known as Oktoberfest Platz. 

• On motion by Councillor B. Ioannidis

  it was resolved:

  "That the Mayor and Clerk be authorized to execute an agreement with the registered owner(s) of Plan 364 Part Lot 4, Part Lot 5, Plan 394, Part Lot 38, RP58R-2490 Part 1, Known as 17 Benton St., pursuant to Div. B Section 3.2.3.1.(11) of the Ontario Building Code, said agreement to permit the construction of the new exterior openings with the limiting distance for the exposing building face being measured to a point beyond the property line on the adjacent City open park space, Plan 394, Part Lot 38, known as Oktoberfest Platz, as outlined in Development Services Department DSD-2022-406." 

  Carried

4.

Public Hearing Matters under the Planning Act - 3:00 p.m.

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

Zoning By-law Amendment ZBA22/007/W/ES - 82 Wilson Avenue, 84 Wilson Avenue, and 210 Fourth Street - Regional Municipality of Waterloo, DSD-2022-409

The Committee considered Development Services Department report DSD-2022-409, dated August 12, 2022, recommending approval of Zoning By-law Amendment Application ZBA22/007/W/ES for the property municipally addressed as 82 Wilson Avenue.

E. Schneider, Senior Planner, Development Services Department, presented the report, including an outline of the concept and purpose of the proposed development. G. Stevenson, Interim Director of Planning was also in attendance to respond to questions from Committee.

Kristen Barisdale, GSP group provided a presentation noting that the proposed development will provide affordable housing for seniors. In response to questions, K. Barisdale noted that there are no immediate plans for the balance of the property however, there would be improvements to the surface facilities.

Councillor Galloway-Sealock inquired about the number of units to be developed and whether this target could be increased. K. Barisdale explained, the number of units proposed is based preliminary design concepts, project funding, as well as integrating the development with the properties in the neighbourhood.

Councillor Chapman inquired about accommodation for residents who were displaced from their homes to facilitate the demolition for the proposed development. K. Barisdale noted that residents were offered temporary housing and will be given the first opportunity to secure units in the new development. Further, the Region has conducted consultations with the residents to ensure they are informed about the progress of the development.

• On motion by Councillor B. Ioannidis

  it was resolved:

  "That Zoning By-law Amendment Application ZBA22/007/W/ES requesting to amend Zoning By-law 85-1, for the applicant, the Regional Municipality of Waterloo, be approved in the form shown in the Proposed ‘Proposed By-law’, and ‘Map No. 1’, for the property municipally addressed as 82 Wilson Avenue, 84 Wilson Avenue, and 210 Fourth Street, attached to Development Services Department report DSD-2022-409 as Attachment ‘A’; and,

  That Zoning By-law Amendment Application ZBA22/007/W/ES requesting to amend Zoning By-law 2019-051, for the applicant, the Regional Municipality of Waterloo, be approved in the form shown in the Proposed ‘Proposed By-law’, and ‘Map No. 1’ attached to Report DSD-2022-409 as Attachment ‘B’; and,

  That the Proposed By-law to amend Zoning By-law 2019-051, as amended shall have no force and effect against the subject lands until the date that all appeals relating to By-law 2022-040 (Comprehensive Review of the Zoning By-law (CRoZBy) Stage 2b – Applying New Residential Zones on Properties) in relation to the subject lands have been withdrawn or decided and any applicable appeal periods have expired; and further,

  That in accordance with Planning Act Section 45 (1.3 & 1.4), applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA22/007/W/ES."

  Carried

5.

Discussion Items

5.1

2022 Artist in Residence Appointment - DSD-2022-299

The Committee considered Development Services Department report DSD-2022-299, dated July 14, 2022, recommending that Bangishimo Johnston be appointed as the 2022 City of Kitchener Artist in Residence. 

Karoline Varin, Program Assistant, presented the report and introduced the Artist in Residence and A. Girard, Member of the Arts and Culture Advisory Committee.

A. Girard, Member of the Arts and Culture Advisory Committee, was in attendance on behalf of the Arts and Culture Advisory Committee in support of the staff recommendation.

B. Johnson provided a presentation of some of the work that they have completed to date, expressing appreciation for being the City's first Indigenous Artist in Residence. 

• On motion by Mayor B. Vrbanovic

  it was resolved:

  "That Bangishimo Johnston be appointed as the 2022 City of Kitchener Artist in Residence as recommended by Public Art Working Group and Arts and Culture Advisory Committee: and further, 

  That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Bangishimo Johnston, outlining the obligations of the Artist in Residence appointment."

  Carried

6.

Information Items

6.1

Quarterly Development Applications Update 2022 Q3, DSD-2022-421

6.2

2022 Business Plan - August Progress Report, CAO-2022-420

6.3

Appointments to Municipal Election Compliance Audit Committee, COR-2022-419

7.

MEETING PART TWO - 6:00 p.m. - 7:30 p.m.

8.

Public Hearing Matters under the Planning Act - 6:00 p.m.

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.

8.1

Official Plan Amendment OPA22/006/R/TS - Zoning By-law Amendment ZBA22/010/R/TS - 27 Roy Street - RFB Developments, DSD-2022-407

The Committee considered Development Services Department report DSD-2022-407, dated August 10, 2022, recommending approval of Official Plan Amendment OPA22/006/R/TS and approval of Zoning By-law Application ZBA22/010/R/TS for the property municipally addressed as 27 Roy Street. 

T. Seyler, Senior Planner provided a brief presentation, expressing staff support for the application, as it allows for gentle intensification by permitting a mixed-use building of three dwelling units and the addition of one unit for an Artisan's Establishment and Restaurant Use. G. Stevenson was also in attendance to respond to questions from the Committee.

Councillor P. Singh entered the meeting.

R. Bossie, GSP Group addressed the Committee in support of the staff recommendation, and was in attendance to respond to questions from the Committee. 

In response to questions from the Committee, Staff noted their potential support for the addition of a fourth dwelling unit, with no other changes to the initial proposal. 

R. Brohman, RFB Development Incorporation addressed the Committee, in support of staff's recommendation, stating the proposed development presents an opportunity to convert an existing heritage property to meet the demands of the community. 

Councillor S. Marsh brought forward motion to approve the staff recommendation as outlined in the report, including an amendment to permit a fourth dwelling unit for the property municipally addressed as 27 Roy Street.

Councillor S. Marsh's amendment to permit a fourth dwelling unit was voted on and was CARRIED.

• On motion by Councillor S. Marsh

  it was resolved:

  "That Official Plan Amendment Application OPA22/006/R/TS for RFB Developments requesting the addition of Special Policy Area 11 for the lands specified and illustrated as the “Area of Amendment”, municipally addressed as 27 Roy Street, on Schedule “A”, be adopted in the form shown in the Official Plan Amendment attached to Report DSD-2022-407 as Attachment “A”, and accordingly forwarded to the Region of Waterloo for approval; and further,

  That Zoning By-law Amendment Application ZBA22/010/R/TS for RFB Developments, requesting a change from Residential Five Zone (R-5) with Special Use Provision 164U to Residential Five Zone (R-5) with Special Use Provision 164U and Special Regulation Provision 781R, be approved in the “Proposed By-law” dated September 12, 2022, including an amendment to permit a fourth dwelling unit, for the lands illustrated on “Map No. 1” attached to Report DSD-2022-407 as Attachment “B”." 

  Carried, as amended

8.2

Official Plan Amendment OPA22/005/O/CD - Zoning By-law Amendment ZBA22/008/O/CD - 368, 372, 374 and 382 Ottawa St. South 99, 103, 107, 111 and 115 Pattandon Avenue - St. Mary Coptic Orthodox Church, DSD-2022-401

The Committee considered Development Services Department report DSD-2022-401, dated August 4, 2022, recommending approval of Official Plan Amendment OPA/22/005/O/CD and approval of Zoning By-law Application ZBA22/008/O/CD for the property municipally addressed as 368, 372, 374 and 382 Ottawa St. South; and  99, 103, 107, 111 and 115 Pattandon Avenue.

C. Dumart presented the proposed Official Plan and Zoning By-law Amendments, noting their consistency with the policies of the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshow, the Regional Official Plan and City of Kitchener Official Plan. G. Stevenson was also in attendance to respond to questions from the Committee. 

S. Patterson, LP Planning addressed the Committee in support of Staff's recommendation, and was in attendance to respond to questions from the Committee.

M. Pejanovic addressed the Committee expressing dissatisfaction with the proposed application, noting concerns with the proposed height of the development as well as concerns with traffic safety. 

R. Hammer addressed the Committee in opposition of the application and Staff recommendation, expressing concerns with adverse impacts on property values in the vicinity of the proposed development.

In response to questions from the Committee, C. Dumart advised staff could follow-up prior to the Council meeting related to the traffic concerns raised on Ottawa Street and the existing left turn prohibition.

In response to questions from the Committee, S. Patterson noted that the Church would maintain ownership of the proposed property, stating there were no affordable housing units proposed for the development at this time.

Councillor B. Ioannidis brought forward a motion to refer the following recommendation to the September 19, 2022 Council meeting to allow staff an opportunity to address the concerns raised during the meeting related to affordable housing and Traffic safety.

• On motion by Councillor B. Ioannidis

  it was resolved:

  "That the following motion be referred to the September 19, 2022 Council Meeting to allow for an opportunity for further opportunities related to affordable housing; and, concerns related to traffic safety at surrounding intersections:

  "That Official Plan Amendment Application OPA/22/005/O/CD for The St. Mary Coptic Orthodox Church, Kitchener, Ontario; Coptic Orthodox Patriarchate Saint Maurice Coptic requesting a change in land use designation from ‘Low Rise Residential’ to ‘Medium Rise Residential’ with Site Specific Policy Area No. 54 to permit a multiple residential dwelling development on the lands specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2022-401 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and,

  That Zoning By-law Amendment Application ZBA22/008/O/CD for The St. Mary Coptic Orthodox Church, Kitchener, Ontario; Coptic Orthodox Patriarchate Saint Maurice Coptic be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Report DSD-2022-401 as Appendix ‘A’; and further,

  That in accordance with Planning Act Section 45 (1.3 & 1.4), applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA22/008/O/CD."

  Carried

8.3

Official Plan Amendment OPA21/008/K/CD - Zoning By-law Amendment ZBA21/013/K/CD - 1668 King Street East - 2806399 Ontario Inc., DSD-2022-405

The Committee considered Development Services Department report DSD-2022-405, dated August 9, 2022, recommending approval of Official Plan Amendment OPA21/008/K/CD and approval of Zoning By-law Amendment ZBA21/013/K/CD for the property municipally addressed as 1668 King Street East.

C. Dumart, Senior Planner presented Staff's recommendation for approval of the Official Plan and Zoning By-Law Amendments application. G. Stevenson was also in attendance to respond to questions from the Committee. 

P. Chauvin, MHBC Planning addressed Committee on behalf of Vive Development Corporation in support of the subject applications. P. Chauvin requested the Committee consider making minor revisions to the Zoning By-law Application and Official Plan Amendment to permit an increase in building height with the inclusion of two additional storeys (24 storeys (Building A), 25 storeys (Building B), adding 42 units, increasing the proposed Floor Space Ratio (FSR) to 7.58, rather than 7.17 which was originally proposed. P. Chauvin stated the number of residential units would increase to 657 units from 615 units. The number of off-street parking would remain status quo (393 spaces), but parking ratio would decrease from 0.64 to 0.6 per unit and the bike parking ratio from 0.5 per unit to 0.47 per unit.

Mayor B. Vrbanovic exited the meeting in person and rejoined the meeting virtually. 

S. Litt, Vive Development Corporation, addressed the Committee in support of the subject applications, noting their corporation's commitment to attainable housing. P. Chauvin and S. Litt responded to questions from the Committee. 

The Committee sought clarification regarding the applicant's request for additional amendments relating to the increased building height. P. Chauvin stated federal regulations provide height limits for buildings in route to the airport, noting receipt of information from the federal government in August 2022, that confirmed permitting additional floors to the proposed development. 

Councillor S. Marsh questioned whether a dog waste management system has been considered for the proposed development due to the proximity to public parks and gardens. 

Councillor S. Marsh brought forward a motion to refer the following recommendation to the September 19, 2022 Council meeting to allow staff an opportunity to address the concerns raised during the meeting related to affordable housing options, pedestrian access, building heights and a dog waste disposal system in the proposed development. 

• On motion by Councillor S. Marsh

  it was resolved:

  "That the following motion be referred to the September 19, 2022, Council Meeting to allow the opportunity to further discuss additional opportunities for affordable housing options, potential site alterations to better address pedestrian access, building heights; and, a dog waste disposal system in the proposed building: 

  "That Official Plan Amendment Application OPA/21/008/O/CD for 2806399 Ontario Inc. requesting a land use designation change from ‘‘Mixed Use Corridor with Special Policy Area 1’ to ‘Mixed Use Corridor with Specific Policy Area 7’ to permit a mixed use development on the lands specified and illustrated on Schedule ‘A’, on the property municipally addressed as 1668 King Street East, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2022-405 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and,

  That Zoning By-law Amendment Application ZBA21/013/K/CD for 2806399 Ontario Inc. be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Report DSD-2022-405 as Appendix ‘A’; and further,

  That in accordance with Planning Act Section 45 (1.3 & 1.4), applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA21/013/K/CD."

  Carried

9.

Adjournment

On motion, this meeting adjourned at 8:00 p.m.