Planning and Strategic Initiatives

Committee Minutes

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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
  • 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
  • G. Stevenson, Interim Director of Planning
  • E. Schneider, Senior Planner
  • C. Dumart, Senior Planner
  • G. Khandelwal, Planner
  • D. Saunderson, Deputy Clerk
  • M. Blake, Committee Administrator
  • M. Mills, Committee Administrator

The Planning and Strategic Initiatives Committee held a meeting this date commencing at 3:10 p.m.

The Committee considered Development Services Department report DSD-2022-461, dated November 15, 2022, recommending approval of Zoning By-law Amendment Application ZBA22/009/O/ES; and, approval of applications for minor variances for lands subject to Zoning By-law Amendment Application ZBA22/009/O/ES, for the properties municipally addressed as 1257-1265 Ottawa Street South.

E. Schneider, Senior Planner presented an overview, noting the application possesses good planning principles and is consistent with Provincial, Regional and City planning policies. G. Stevenson was also in attendance to respond to questions from the Committee.

S. Patterson, LP Planning, addressed the Committee on behalf of the property owner, responding to questions related to rainwater, parking, and traffic concerns.

R. Kam addressed the Committee in opposition of the application, expressing concerns with increased traffic and lack of privacy for adjacent properties.

C. Bazzarella presented to the Committee, in opposition of the application, noting the negative impact of the proposed development on the surrounding residents, and the removal of trees in the neighborhood.

J. Woods addressed the Committee expressing concerns due to a lack of adequate parking and the development's potential displacement of existing residents. In response to questions from the Committee, J. Woods noted the resident’s impacted by the proposed development have not been contacted by the landlord or developer regarding alternative living arrangements.

B. Chivers was also in attendance in opposition of the application. B. Chivers stated the proposed development would impact the privacy of residents living at the rear of the building. In response to questions from the Committee, B. Chivers noted a higher fence would not adequately address privacy concerns.

P. Singh left meeting at this time, Councillor D. Chapman, assumed the Chair. P. Singh re-entered the meeting at this time and resumed Chair.

The Committee noted concerns with parking congestion and traffic. In response to questions from the Committee, E. Schneider noted the parking ratio proposed at 1.5 spaces per unit is consistent with Zoning By-law 85-1 and By-law 2019-051. Staff stated that the applicant is seeking to provide the number of parking spaces in alignment with the most current Zoning By-law, as the previous By-law is outdated and is not consistent with the goal of the development to split resident public transportation and private vehicle use. Staff also stated that in consultation with regional staff, the proposed development is anticipated to have a low traffic impact.

The Committee noted the privacy concerns resulting from the transition of the area being a residential community with low rise detached homes to a multi-dwelling area, and discussed increasing the height of the fence to 2.84 meters.

Councillor D. Chapman 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 the potential displacement of existing residents as a result of the proposed development.

  • On motion byCouncillor D. Chapman

    it was resolved:

    "That the following motion be referred to the December 19, 2022 Council Meeting to allow an opportunity to discuss further options related to the potential displacement of existing residents that would be displaced as a result of the proposed development:

    "That Zoning By-law Amendment Application ZBA22/009/O/ES requesting to amend Zoning By-law 85-1, for Ihor Dotsenko and Yuliya Dotsenko and 9474765 Canada Inc. be approved in the form shown in the Proposed ‘Proposed By-law’, and ‘Map No. 1’ attached to Report DSD-2022-461 as Attachment ‘A’; and,

    That Zoning By-law Amendment Application ZBA22/009/O/ES requesting to amend Zoning By-law 2019-051, for Ihor Dotsenko and Yuliya Dotsenko and 9474765 Canada Inc. be approved in the form shown in the Proposed ‘Proposed By-law’, and ‘Map No. 1’ attached to Report DSD-2022-461 as Attachment ‘A’; 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 ZBA22/009/O/ES."

    Carried

The Committee considered Development Services Department report DSD-2022-462, dated November 9, 2022, recommending draft approval to Condominium Application 30CDM-22217 be granted, subject to the conditions shown in Appendix "A", for the properties municipally addressed as 3241-3247 King Street East and 108 Cameo Drive.The Committee was in receipt of a written submission from D. Deamer.

E. Schneider presented overview of the proposed property, noting Staff's recommendation to request the draft approval of vacant land condominium. G. Stevenson was also in attendance to respond to questions from the Committee.

P. Chauvin, MHBC Planning addressed Council in support of the Staff recommendation, and was available to respond to questions from the Committee.

  • On motion byCouncillor D. Schnider

    it was resolved:

    "That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2002-164 of the City of Kitchener, as amended, grant draft approval to Condominium Application 30CDM-22217 for 3241-3247 King Street East and 108 Cameo Drive in the City of Kitchener, subject to the conditions shown in Appendix “A”."

    Carried

The Committee considered Development Services Department report DSD-2022-448, dated October 24, 2022, recommending approval of Official Plan Amendment Application OPA22/011/D/CD; approval of Zoning By-law Amendment Application ZBA22/018/D/CD; and, approval of applications for minor variances for lands subject to Zoning By-law Amendment Application ZBA22/018/D/CD, for the properties municipally addressed as 206 and 210 Duke Street East, and 46 and 50 Madison Avenue North.

C. Dumart presented an overview of the application, noting the proposed development would increase the development of missing middle housing in a Major Transit Station Area. G. Stevenson was also in attendance to respond to questions from the Committee.

K. Wills, MHBC Planning addressed the Committee, and was available to respond to questions from the Committee.

Councillor A. Owodunni left the meeting at this time, and returned to the meeting as a virtual attendee.

K. Urech addressed the Committee, noting concerns with the illegal parking and disruptive behaviour during construction.

  • On motion byCouncillor B. Ioannidis

    it was resolved:

    "That Official Plan Amendment Application OPA22/011/D/CD for The Knossos Housing Corporation of Waterloo Region requesting a change in land use designation from ‘Medium Density Multiple Residential’ to ‘Medium Density Multiple Residential’ with Special Policy Area 8 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-2022-448 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and,

    That Zoning By-law Amendment Application ZBA22/018/D/CD for The Knossos Housing Corporation of Waterloo Region be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Report DSD-2022-448 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 ZBA22/018/D/CD."

    Carried

The Committee considered Development Services Department report DSD-2022-410, dated November 24, 2022, recommending that the Kitchener Growth Management Strategy 2022 Annual Monitoring Report be submitted to the Regional Municipality of Waterloo in fulfillment of Clause 22.1 of the Administrative Agreement between the City of Kitchener and the Region Municipality of Waterloo regarding delegated approval authority.

G. Khandelwal, Planner, presented an overview to the Committee. T. Donegani, Senior Planner and G. Stevenson were also in attendance to respond to questions from the Committee.

Mayor B. Vrbanovic exited the meeting at this time.

  • On motion byCouncillor B. Ioannidis

    it was resolved:

    "That Report DSD-2022-410 Kitchener Growth Management Strategy 2022 Annual Monitoring Report be submitted to the Regional Municipality of Waterloo in fulfillment of Clause 22.1 of the Administrative Agreement between the City of Kitchener and the Region Municipality of Waterloo regarding delegated approval authority."

    Carried

The meeting recessed at 5:49pm for Special Council. The meeting reconvened at 7:42 p.m. Chaired by Councillor P. Singh with all members present. Councillors M. Johnston, C. Michaud and A. Owodunni participated electronically through Zoom.

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.

The Committee considered Development Services Department report DSD-2022-449, dated October 21, 2022, recommending approval of Official Plan Amendment Application OPA22/007/K/CD; approval of Zoning By-law Amendment Application ZBA22/012/K/CD; and, approval of applications for minor variances for land subject to Zoning By-law Amendment Application ZBA22/012/K/CD, for the properties municipally addressed as1251-1253 King Street East and 16 Sheldon Avenue South. 

C. Dumart, Senior Planner, presented an overview of the application, noting the proposed Official Plan and Zoning By-law Amendments are consistent with policies of the Provincial Policy Statement, conform to the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan and City of Kitchener Official Plan.

P. Chauvin, MHBC Planning, and Stephen Litt, Vive Development 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, Staff confirmed there is an existing provision for mixed used zonings in the Zoning By-law, permitting the developer to construct dwelling units on Charles Street and commercial units on King Street.

  • On motion byCouncillor A. Clancy

    it was resolved:

    "That Official Plan Amendment Application OPA22/007/K/CD for King Sheldon Kitchener Holdings Inc requesting a land use designation change from ‘’Mixed Use Corridor with Special Policy Area 1’ to ‘Mixed Use Corridor with Specific Policy Area 9’ to permit a mixed use 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-2022-449 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and,

    That Zoning By-law Amendment Application ZBA22/012/K/CD for King Sheldon Kitchener Holdings Inc be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Report DSD-2022-449 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 ZBA22/012/K/CD."

    Carried
  • Councillor A. Clancy declared a conflict on this item. (Councillor A. Clancy declared a conflict on this item. (declared a conflict with regards to the Official Plan Amendment OPA22/003/K/CD, Zoning By-law Amendment ZBA, 4220 King Street East and 25 Sportsworld Crossing Road, DSD-2022-447, due to close proximity of the property to personal residential address.))

Councillor A. Clancy declared a conflict on this item. (Councillor A. Clancy declared a conflict on this item. (declared a conflict with regards to the Official Plan Amendment OPA22/003/K/CD, Zoning By-law Amendment ZBA, 4220 King Street East and 25 Sportsworld Crossing Road, DSD-2022-447, due to close proximity of the property to personal residential address.))

The Committee considered Development Services Department report DSD-2022-447, dated October 31, 2022, recommending approval of Official Plan Amendment Application OPA22/003/K/CD; approval of Zoning By-law Amendment Application ZBA22/005/K/CD; and, approval of applications for minor variances for lands subject to Zoning By-law Amendment Application ZBA22/005/K/CD, for the properties municipally addressed as 4220 King Street East and 25 Sportsworld Crossing Road.

C. Dumart, Senior Planner addressed the Committee regarding the proposed mixed unit development. G Stevenson was also in attendance to respond to questions from the Committee.

H. Hugh, GSP Group, and A. Carapella, Tricar, presented to the Committee in support of the staff recommendation. C. Leigh and James Rice were also in attendance to respond to questions from the Committee.

H. Hugh informed the Committee that a calculation error was made in the site plan application as the parking structure, which is above grade behind commercial uses, was not initially included in the floor space ratio calculations. H. Hugh noted the applicant is requesting revisions to the proposed Zoning By-law and Official Plan amendments to permit a floor space ratio of 5.2 rather than 4.0, with no other proposed changes.

In response to questions from the Committee, H. Hugh clarified the number of units and parking, as well as the building height and number of stories are not proposed to change.

Councillor J. Denault brought forward a motion to approve Official Plan Amendment Application OPA22/003/K/CD and Zoning By-law Amendment Application ZBA22/005/K/CD for Tricar Property Limited and 4220 King Street (Kitchener) Limited, including an amendment to approve a Floor Space Ration of 5.2 rather than 4.0 and to include an additional Clause that pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, further notice is not required to be given in respect to Zoning By-law Amendment ZBA22/005/K/CD.”

  • On motion byCouncillor J. Deneault

    it was resolved:

    "That Official Plan Amendment Application OPA22/003/K/CD for Tricar Property Limited and 4220 King Street (Kitchener) Limited requesting a change in land use designations from ‘Commercial’ and ‘Commercial Campus’ to ‘Mixed Use’ with Site Specific Policy Area No. 57 to permit a high intensity mixed used 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-2022-447 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and,

    That Zoning By-law Amendment Application ZBA22/005/K/CD for Tricar Property Limited and 4220 King Street (Kitchener) Limited be approved in the form shown in the ‘Proposed By-law’ as amended to reference a Floor Space Ratio of 5.2, and ‘Map No. 1’, attached to Report DSD-2022-447 as Appendix ‘A’; and,

    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 ZBA22/005/K/CD; and further,

    That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, further notice is not required to be given in respect to Zoning By-law Amendment ZBA22/005/K/CD.”

    Carried

On motion, this meeting adjourned at 8:44 p.m.

Mariah Blake
Committee Administrator

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