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 S. Stretch
Staff:
  • D. Chapman, Chief Administrative Officer
  • J. Readman, General Manager, Development Services
  • R. Bustamante, Director of Planning
  • N. Goss, Manager Policy & Research
  • T. Donegani, Senior Planner
  • A. Clark, Senior Urban Designer
  • J. Zunic, Senior Planner
  • D. Saunderson, Deputy Clerk
  • M. Blake, Committee Administrator

The Planning and Strategic Initiatives Committee held a meeting this date commencing at 5:37 p.m.

Councillor P. Singh declared a pecuniary interest with respect to Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, DSD-2024-005 on the agenda this date due to owning a number of properties within the City, Councillor P. Singh did not participate in any discussion or vote regarding this matter.

Councillor P. Singh declared a pecuniary interest with respect to Inclusionary Zoning - Official Plan Amendment and Zoning By-law Amendment, DSD-2024-029 on the agenda this date due to owning a number of properties within the City, Councillor P. Singh did not participate in any discussion or vote regarding this matter.

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.

5.1

180 m
This item has attachments. This item has conflict.
  • Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared a pecuniary interest with respect to Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, DSD-2024-005 on the agenda this date due to owning a number of properties within the City, Councillor P. Singh did not participate in any discussion or vote regarding this matter.)

Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared a pecuniary interest with respect to Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, DSD-2024-005 on the agenda this date due to owning a number of properties within the City, Councillor P. Singh did not participate in any discussion or vote regarding this matter.)

The Committee considered Development Services Department report DSD-2024-005, dated January 11, 2024, recommending adoption of City-initiated Official Plan Amendment Application OPA23/016/K/JZ; adoption of City-initiated Official Plan Amendment Application OPA23/017/K/JZ; adoption of City-initiated Official Plan Amendment Application OPA23/022/K/JZ; adoption of City-initiated Zoning By-law Amendment Application ZBA23/028/K/JZ and, adoption of City-initiated Zoning By-law Amendment Application ZBA23/029/K/JZ.

A. Clark, Senior Urban Designer provided an overview of the staff report. J. Zunic, Senior Planner, N. Goss, Manager, Policy and Research, and R. Bustamante, Director Planning, were also in attendance to respond to questions from the Committee.

P. Benninger and B. Flewwelling, GSP Group addressed the Committee requesting the Growing Together Framework be amended to include 449 Charles Street East, 97 Kent Avenue and 60 Ottawa Street South in the protected Major Transit Station Area land use and zoning framework.

G. Pool, ACO, North Waterloo Region Branch was in attendance, noting concerns that the proposed zoning will create an unstable environment for the development of downtown Kitchener, and pose harm to Heritage Conservation Districts.

M. Warzecha, Polocorp Incorporated, addressed the Committee requesting that staff's recommendation be modified to include the proposed lands, described as, a rectangular, mid-block assembly extending from Cedar Street North to Madison Avenue North, as a Strategic Growth Area Two (SGA-2) Zone.

D. Butler, Polocorp Incorporated, addressed the Committee noting the proposed zoning framework outlined by staff under Strategic Growth Area Four (SGA-4), for the property municipally addressed as 455-509 Mill Street differs from the city-approved zoning by-law amendment and site-specific By-law 2023-063 for the subject property, specifically in relation to density and height limits, in addition to parking requirement regulations. D. Butler noted a deferral of the Committee's consideration of the Growing Together Framework would be appreciated to permit further dialogue with staff regarding the proposed zoning.

H. Jaeger addressed the Committee requesting a deferral of the Growing Together Framework proposed by staff to allow further conversation surrounding issues that may be exacerbated by increased intensification, such as, lack of greenspace, heritage concerns, reduce parkland within the Major Transit Station Area (MTSA), lack of low-cost indoor community spaces, and inequitable access to sunlight.

A. Sinclair, MHBC Planning, addressed the Committee, noting concerns with the time allotted to submit additional comments and consult staff following the policy details being made available in November 2023.  A. Sinclair noted she was in attendance on behalf of several clients including but not limited to: SunLife, Cantiro, Perimeter Development Group, and Duke Street Limited.

V. Labreche, Arcadis, was in attendance in support of the staff recommendation, and noted their previous concerns have been addressed through consultation with staff.

J. Leasa addressed the committee requesting deferral of the consideration of the Growing Together Framework to allow Ward 10 residents additional time to engage with Council/staff, due to the Ward 10 vacancy during the public consultation process.

S. Litt, Vive Developments, addressed the Committee in opposition to the staff recommendation, requesting the item be deferred to allow  further dialogue with staff regarding concerns surrounding height restrictions, zoning based on existing lot fabrics, and form-based zoning. S. Litt noted continuing conversations with staff regarding maintaining flexible urban design guidelines and applying the least restrictive zoning for existing applications, already approved by Council would be beneficial.

R. Piombini addressed the Committee in opposition to the staff recommendation, noting the proposed zoning creates additional limitations and increased building costs for developers.

T. Abiodun and A. Dagher, were in attendance in opposition to the staff recommendation due to the impacts of the proposed zoning on 51 Benton Street.  

M. Pradeep and R. Singh addressed the Committee, noting concerns regarding the proposed zoning for 93-101 Cedar Street, 42-48 Cedar Street, as well as the subject lands on Arthur Place and Ottawa Street/Charles Street.

K. Barisdale, GSP Group was in attendance regarding the impact of the proposed zoning on 168-183 Victoria Street South, 924-944 King Street West and 49-55 Pine Street.

K. Berbash addressed the Committee, noting concerns with height and setback requirements, outlined in the proposed zoning.

D. Aston was in attendance to request the Committee modify the staff recommendation to designate the block of lands located on the north side of King Street West, between Water Street North and Francis Street South, as Strategic Growth Area C, and zone the subject lands as Strategic Growth Area Four (SGA-4).

D. Galbraith, UP Consulting, was in attendance on behalf of Fitzrovia advocating that staff: maintain the current approach to regulating amenity space, continue to work with the development industry to ensure appropriate amenities are provided and to ensure that clarity is provided in the by-law regarding Privately Owned Publicly Accessible Spaces.  

Mayor B. Vrbanovic brought forward a motion to defer consideration of this matter to the March 18, 2024 Special Council Meeting to allow staff an opportunity to dialogue further with those who provided oral and written submission received in relation to Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, DSD, 2024-005.

  • On motion byMayor B. Vrbanovic

    it was resolved:

    That the following motion be deferred to the March 18, 2024 Special Council Meeting to allow staff the opportunity to dialogue further with those who provided oral and written submissions received in relation to Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, DSD-2024-005:

    "That City Initiated Official Plan Amendment OPA23/016/K/JZ, for the purpose of implementing a land use planning framework for seven of the City’s Protected Major Transit Station Areas, including amendments to the Urban Structure, Land Use, Specific Policy Areas, and Cultural Heritage Resources mapping and text amendments, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2024-005 as Attachment ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and, 

    That City Initiated Official Plan Amendment OPA23/017/K/JZ, for the purpose of adding lands into the 2014 Official Plan and updating the land use planning framework for specific lands currently within Secondary Plans within the 1994 Official Plan, including amendments to the Urban Structure, Land Use, and Specific Policy Areas, inclusive of mapping and text amendments, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2024-005 as Attachment ‘B’, and accordingly forwarded to the Region of Waterloo for approval; and, 

    That City Initiated Official Plan Amendment OPA23/022/K/JZ, for the purpose of deleting existing secondary plan policies and mapping from the 1994 Official Plan, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2024-005 as Attachment ‘C’, and accordingly forwarded to the Region of Waterloo for approval; and,

    That City Initiated Zoning By-law Amendment Application ZBA23/028/K/JZ to amend Zoning By-law 2019-051 for lands within seven of the City’s Protected Major Transit Station Areas, be approved in the form shown in the “Proposed By-law” attached to Report DSD-2024-005 as Attachment ‘D’; and further, 

    That City Initiated Zoning By-law Amendment Application ZBA23/029/K/JZ to amend Zoning By-law 2019-051, for lands recommended to be removed from existing Secondary Plans be approved in the form shown in the “Proposed By-law” attached to Report DSD-2024-005 as Attachment ‘E’."

    Carried
  • Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared a pecuniary interest with respect to Inclusionary Zoning - Official Plan Amendment and Zoning By-law Amendment, DSD-2024-029 on the agenda this date due to owning a number of properties within the City, Councillor P. Singh did not participate in any discussion or vote regarding this matter.)

Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared a pecuniary interest with respect to Inclusionary Zoning - Official Plan Amendment and Zoning By-law Amendment, DSD-2024-029 on the agenda this date due to owning a number of properties within the City, Councillor P. Singh did not participate in any discussion or vote regarding this matter.

The Committee considered Development Services Department report DSD-2024-029, dated January 12, 2024, recommending adoption of City-initiated Official Plan Amendment Application OPA23/015/K/TD; adoption of City-initiated Zoning By-law Amendment Application ZBA23/027/K/TD, and, that staff enter into a memorandum of understanding with the Region of Waterloo outlining roles and responsibilities in administration of Inclusionary Zoning.

T. Donegani presented an overview of the staff report. R. Bustamante, Director of Planning, and N. Goss, Manager Policy and Research, were also in attendance to respond to questions from the Committee.

It was noted the Inclusionary Zoning - Official Plan Amendment and Zoning By-law Amendment, DSD-2024-029 and the Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, DSD-2024-005 projects are reliant on each other, noting since Growing Together was just deferred, staff were requesting this matter be deferred to allow both items to be considered concurrently. R. Bustamante further advised, both Zoning changes proposed are required to be completed by the end of first quarter 2024, due to time constraints surrounding the Housing Accelerator Funding and the Official Plan.

P. Lizac, M. Puopolo, S. Litt, Vive Developments, B. Prudham, Urban Build, P. Leveck, R. Masri and T. Ulmar, Momentum Developments addressed the Committee noting concerns regarding but not limited to increased costs for developers and homebuyers, and requesting the item be deferred to allow staff to continue conversation with the development industry and community members.

In response to questions from the Committee, T. Donegani provided additional details regarding staff's public engagement process.

Mayor B. Vrbanovic brought forward a motion to defer consideration of this matter to the March 18, 2024 Special Council Meeting to allow staff to dialogue further with those who provided oral and written submissions in relation to Inclusionary Zoning – Official Plan Amendment and Zoning By-law Amendment, DSD-2024-029 and how it relates to Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, as outlined in Development Services Department report DSD-2024-005.

  • On motion byMayor B. Vrbanovic

    it was resolved:​​

    That the following motion be deferred to the March 18, 2024 Special Council Meeting to allow staff to dialogue further with those who provided oral and written submissions in relation to Inclusionary Zoning – Official Plan Amendment and Zoning By-law Amendment, DSD-2024-029 and how it relates to Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, as outlined in Development Services Department report DSD-2024-005:

    "That the City-initiated Official Plan Amendment OPA23/015/K/TD for the purposes of introducing Inclusionary Zoning within Protected Major Transit Station Areas be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2024-029 as Attachment ‘A’ and accordingly forwarded to the Region of Waterloo for approval; and,  

    ​That the City-initiated Zoning By-law Amendment ZBA23/027/K/TD to amend Zoning By-law 2019-051 and Zoning By-law 85-1, be approved in the form shown in the “Proposed By-law Amendment” attached to Report DSD-2024-029 as Attachment ‘B’ and Attachment ‘C’ respectively; and further,  

    ​That staff be directed to enter into a memorandum of understanding with the Region of Waterloo outlining roles and responsibilities in administration of Inclusionary Zoning, to the satisfaction of the Director of Planning and Housing Policy."

    Carried

On motion, this meeting adjourned at 11:15 p.m.

Mariah Blake
Committee Coordinator

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