HomeMy WebLinkAboutPSI Minutes - 2019-04-15
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
APRIL 15, 2019 CITY OF KITCHENER
The Planning and Strategic Initiatives Committee met this date, commencing at 3:30 p.m.
Present: Councillor S. Marsh, Chair
Mayor B. Vrbanovic and Councillors D. Chapman, S. Davey, K. Galloway-Sealock, J.
Gazzola, B. Ioannidis, M. Johnston, C. Michaud, D. Schnider and P. Singh.
Staff: D. Chapman, Chief Administrative Officer
J. Readman, General Manager, Development Services
C. Bluhm, Executive Director, Economic Development
L. Tansley, Assistant City Solicitor
A. Pinard, Director, Planning
B. Sloan, Manager, Long Range and Policy Planning
S. Coutu, Policy Planner
R. Kelly-Ruetz, Technical Assistant
J. Rodrigues, Committee Administrator
Councillor S. Marsh 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-19-049 - NEW ZONING BY-LAW (CRoZBy) STAGE 1 NON-RESIDENTIAL ZONES
PART ONE
The Committee considered Development Services Department report DSD-19-049, dated March
22, 2019, regarding the Comprehensive Review of the Zoning By-law (CRoZBy). The Committee
was in receipt this date of 3 written submissions related to CRoZBy. Mr. B. Sloan presented the
Report. He advised staff is requesting approval of the new Zoning By-law (Stage 1 - Non-
Residential Zones), noting if approval of Stage 1 is granted this date, staff will begin finalizing
Stage 2 (Residential Zones).
Mr. P. Britton, MHBC Planning, addressed the Committee on behalf Lexington Park Real Estate
(Strasburg/Huron Roads); Christie Digital Systems (Wellington Street); Charles Ormston (New
Dundee Road); Charcoal Properties (King Street); Hallman Construction Ltd (Strasburg Road
Apartment Site); Centrecorp Management (Lackner Boulevard/Ottawa Street, Ottawa
Street/River Road); Hallman Construction Ltd. (Brigadoon South); Bingemans (425 Bingemans
Centre Drive); Activa Holdings Inc. (Huron Road, Stauffer Woods Subdivision, Trussler Road
Subdivision); Scherer Holdings Inc. (Courtland Avenue East); and, LVH Developments (South
Creek Drive) in support of the staff recommendation.
Ms. M. DesRosiers, D.G.F. Group of Companies, addressed the Committee opposition to the
proposed MIX-3 zoning for the property municipally addressed 491 Highland Road West. She
advised she accepted the proposed COM-2 Zoning for the properties municipally addressed as
525 and 563 Highland Road West. She indicated in regards to the proposed MIX-3 zoning for
the property municipally addressed 491 Highland Road West, she has concerns with achieving
the minimum Floor Space Ratio (FSR) target, minimum 20 percent residential, and minimum 20
percent non-residential requirements under the mixed-use regulation. She further requested
consideration be given to modifying the COM-2 zoning regulations to allow residential units and
residential amenities on the ground floor of the subject properties.
Mr. C. Pidgeon, GSP Group Inc., addressed the Committee on behalf the properties municipally
addressed as 41 Ardelt Place, 353 Manitou Drive, and Schlegel Urban Development (south-west
Kitchener). He stated the property owner of 41 Ardelt Place, commonly referred to as Lot 42, is
in opposition to the proposed Zoning for the subject property, noting it would ultimately designate
the subject property as legal non-conforming and would restrict the future use of the property.
He indicated in 2017, the property owner was advised Global Flex Campus conforms to the
permitted use under the existing M-4 zone and would like to continue to recognize the
conference, convention, and exhibition uses, as well as office and commercial entertainment
uses.
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
APRIL 15, 2019 -5- CITY OF KITCHENER
1. DSD-19-049 - NEW ZONING BY-LAW (CRoZBy) STAGE 1 NON-RESIDENTIAL ZONES
Mr. Pidgeon addressed the Committee in opposition of the proposed zoning for the property
municipally addressed as 353 Manitou Drive, currently owned by Great Canadian Vacations and
Coaches. He indicated the proposed Zoning would deem the property legal non-conforming and
would adversely affect one-third of the business entities operating at this site. He further
requested the subject property be granted site specific Zoning to permit the sale, rental, service,
storage or repair of motor vehicles, major recreational equipment, and accessories for motor
vehicles or major recreational equipment, and vehicle washing and detailing.
Mr. Pidgeon further addressed the Committee on behalf of Schlegel Urban Development
Corporation, noting four general issues with CRoZBy, which include: maximum parking
provisions; the appropriateness of electric vehicle parking stations and their locations; the
prescriptiveness of the mixed-use zone; and clarification of the deferred Urban area in south-
end of Kitchener with the agricultural zoning that has been applied.
In response to questions, Mr. Sloan advised the Schlegel lands are not contained within Stage
1 of the new Zoning By-law.
Mr. J. Minnes, Gowling WLG LLP, addressed the Committee on behalf of various property
owners, specifically the properties municipally addressed as 32 Duke Street East, 2-22 Duke
Street East, 49 Queen Street North, and 84 Frederick Street. He noted staff were in receipt of
individual written submissions for each of subject properties. He advised the subject properties
are located on one block, between Weber Street West, Frederick Street, Duke Street West, and
Queen Street North. He stated the properties are all currently zoned D-4, with a proposed UGC-
1 zoning. He advised the proposed UGC-1 Zoning constitutes a down-zoning, which is contrary
to the current built form of 32 Duke Street East. He expressed concerns with the legal non-
conforming status of the properties, stating these changes may send the wrong message to
developers who are investing in the downtown. He further noted the UGC-1 zoning fails to
conform to the Provincial Policy Statement (PPS), the Provincial Growth Plan, Region of
Waterloo Official Plan and the Cipecific Zoning to reflect the
current zoning of the properties.
Ms. H. Price, GSP Group Inc. and Mr. M. Masschaele, GHD Engineering, addressed the
Committee on behalf of the property owner of 83 Elmsdale Drive, advising a letter was submitted
to City staff with regards to the proposed Zoning for the subject property. She advised an Official
Plan Amendment and a Zoning By-law Amendment for the subject property was approved in
2014 that tailored zoning provisions to the site, which includes a mix of uses. She noted one of
the tailored provisions is a holding provision on the site to ensure that a noise study be conducted
prior to development. She advised the property owner is generally accepting of the proposed
mixed zoning, stating they are requesting additional clarity to the holding provision for the noise
study requirement and the flexibility to u
Province. She further noted as the Region of Waterloo has authority over this provision, she is
requesting a deferral of the holding provision to provide an opportunity for further discussions
with Regional staff.
Mr. Sloan addressed comments provided from the delegate regarding the property municipally
addressed as 83 Elmsdale Drive, advising City staff would be amenable to deferring specifically
the holding provision related to the noise study to allow the applicant time to further dialogue
with the Region of Waterloo. He addressed the comments provided by the delegate regarding
the properties municipally addressed as 32 Duke Street East, 2-22 Duke Street East, 49 Queen
Street North, and 84 Frederick Street. He noted this was the first instance that staff have received
comments related to the proposed Zoning for the subject properties, indicating staff would be
amenable to a deferring consideration of the properties to allow for further dialogue with the
delegate.
Ms. S. Coutu addressed the delegates with regards to the properties municipally addressed as
491, 525, and 563 Highland Road West, 41 Ardelt Place, and 353 Manitou Drive, noting staff
remains in support of the proposed zoning outlined in the new Zoning By-law presented this
date.
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
APRIL 15, 2019 -6- CITY OF KITCHENER
1. DSD-19-049 - NEW ZONING BY-LAW (CRoZBy) STAGE 1 NON-RESIDENTIAL ZONES
)
Councillor M. Johnston put forward a motion to defer the holding provision for the property
municipally addressed as 83 Elmsdale Drive as well as the properties municipally addressed as
32 Duke Street East, 2-22 Duke Street East, 49 Queen Street North, and 84 Frederick Street, to
allow additional time for consultation with Region of Waterloo staff and property owners.
It was noted there was a possibility of further deferrals during Part Two of the Planning and
Strategic Initiatives Committee scheduled for later this date and as a result, it was agreed any
voting regarding the subject matter would be addressed during Part Two.
The Committee recessed at 4:32 p.m. and reconvened at 7:40 p.m., Chaired by Councillor S. Marsh
with all members present.
Councillor S. Marsh 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.
2. DSD-19-049 - NEW ZONING BY-LAW (CRoZBy) STAGE 1 NON-RESIDENTIAL ZONES
PART TWO
The Committee considered Development Services Department report DSD-19-049, dated March
22, 2019, regarding the Comprehensive Review of the Zoning By-law (CRoZBy). Mr. Sloan, Ms.
Coutu, and Mr. Kelly-Ruetz presented the report and responded to questions from the
Committee.
Councillor P. Singh declared a pecuniary interest with respect to the New Zoning By-law
(CRoZBy) - Stage 1 - Non-Residential Zones, as members of his family own property within the
proposed Urban Growth Central (UGC) zone.
Mr. L. Kotseff and Ms. D. Woolner addressed the Committee on behalf of the residents on
Woolner Trail. He requested the City owned lands municipally addressed as 155 Woolner Trail
be rezoned as NHC-1 Natural Heritage Conservation or OSR-3 Open Space and Recreation
and the property adjacent to 155 Woolner Trail, owned by the Grand River Conservation
Authority (GRCA), be zoned as AGR - Agriculture to maintain the existing zoning. Ms. Woolner
stated the GRCA lands south of her property municipally addressed as 80 Woolner Trail continue
to be maintained for future generations, noting the importance of recognizing the heritage of the
subject property and the need to preserve the lands as natural parkland. She stated a petition
was previously submitted to the City in support of their request.
Mr. H. Jaeger addressed the Committee in opposition to various provisions within the proposed
Zoning By-law. He expressed concerns with: the proposed bonusing provisions; approval of the
Urban Growth Centre this date without feedback from the residents related to shadow studies;
and, the proposed MIX-2 and MIX-3 zoning transitions related to a property that abuts a low-rise
residential zone. He further requested that staff review the measurements throughout the
proposed By-law to ensure consistency.
In response to questions, Mr. Sloan advised staff are not in support of deferring the items
addressed by Mr. Jaeger.
Mr. R. Currie, the property owner of 1893 Ottawa Street South and speaking on behalf of
neighbouring property 1901 Ottawa Street South, addressed the Committee in opposition to the
proposed Natural Heritage Conservation (NHC) zoning. He advised the wood lot on his property
has deteriorated and is not significant enough to warrant protection. He expressed concern that
the proposed zoning will have a negative impact on the value of the homes and the ability to
make changes to the properties. He requested the properties be rezoned for development and
suggested severing the wood lot from the property for heritage designation.
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
APRIL 15, 2019 -7- CITY OF KITCHENER
2. DSD-19-049 - NEW ZONING BY-LAW (CRoZBy) STAGE 1 NON-RESIDENTIAL ZONES
Mr. S. Patterson, Labreche Patterson & Associates, addressed the Committee on behalf of the
property owner of properties municipally addressed as 149 to 151 Queen Street North and 21
Weber Street West. He requested the proposed Zoning for the properties be deferred until the
active development applications currently in progress have been completed. He requested a
deferral until May 27, 2019, noting he anticipates having decisions from Heritage Kitchener and
the Committee of Adjustment by that date.
Mr. S. Burrows addressed the Committee in opposition to the bonusing provisions and design
standards outlined in proposed Zoning By-law, stating in his opinion the regulations are too
prescriptive.
Mr. L. Rowe addressed the Committee in opposition to the new bonusing provisions outlined in
the proposed Zoning By-law, noting in his opinion the provisions are too vague.
Mr. G. Scheels, GSP Group Inc., stated in his opinion the proposed By-law has a number of
good attributes. He noted with the proposed Zoning for the Downtown Core and Urban Growth
Centre, he would like to see a more flexible approach. He stated in his opinion some areas of
the Zoning By-law are too prescriptive and would require minor variances or Zoning By-law
amendments to address relief from specific design requirements.
Mr. B. Flewwelling, GSP Group Inc., addressed the Committee in opposition to the proposed
Zoning for the properties municipally addressed as 108 Ahrens Street West and 184 Breithaupt
Street. He expressed concerns with the reduction in parking and permitted uses with the
proposed EMP-1 Zoning. He indicated concerns related to the Zoning for 108 Ahrens Street
West, stating he is requesting that site specific Zoning reflect the recently approved minor
variances. He noted he would be amenable to consultation with staff to discuss the proposed
Zoning of the two properties.
Ms. H. Price, GSP Group Inc., addressed the Committee on behalf of the property owners for
the properties municipally addressed as 24 Gaukel Street, 114-120 Victoria Street South, 100
Victoria Street South, and 108 Garment Street. She expressed concerns with the transition
provisions and requested staff consider providing greater clarity on how potential modifications
to the approved Site Plans will be processed after approval of the new Zoning By-law.
Mr. L. Himmelman addressed the Committee in support of the proposed zoning for the property
municipally addressed as 1094 Wilson Avenue.
Mr. J. Gibson addressed the Committee in opposition to the proposed Zoning for the properties
municipally addressed as 50, 52, 54, and 56 Weber Street West and 107 Young Street. He
expressed concern with the proposed parking minimum and maximums, the reduction in FSR,
and the potential decrease in property value. He requested site specific Zoning for the subject
properties.
Ms. S. Peck addressed the Committee in opposition of the proposed Zoning By-law, stating she
is concerned with the potential displacement of tenants in the downtown core and the affordability
of units in a building deemed legal non-conforming.
Mr. Sloan addressed the delegates of the properties municipally addressed as 1893 and 1901
Ottawa Street South, 108 Ahrens Street, and 184 Breithaupt Street, noting staff remains in
support of the proposed zoning outlined in the new Zoning By-law presented this date. He
addressed comments provided from the delegate of the properties municipally addressed as 24
Gaukel Street, 114-120 Victoria Street South, 100 Victoria Street South, and 108 Garment
Street, noting the transition provisions in the new Zoning By-law will have no impact on the ability
to make modifications to the Site Plan. He further addressed comments provided from the
delegate of the properties municipally addressed as 149 to 151 Ontario Street and 21 Weber
Street West, stating City staff would be amenable to deferring the consideration of properties to
allow additional time to complete the active development applications currently in progress with
the City.
The Committee recessed at 10:21 p.m. and reconvened at 10:27 p.m., Chaired by Councillor S. Marsh
with all members present.
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
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2. DSD-19-049 - NEW ZONING BY-LAW (CRoZBy) STAGE 1 NON-RESIDENTIAL ZONES
Councillor M. Johnston brought forward a motion to approve the recommendation as outlined in
Report DSD-19-049.
Councillor D. Chapman brought forward a motion to defer consideration of the bonusing
provisions to the May 13, 2019 Planning and Strategic Initiatives Committee meeting outlined
within the proposed Zoning By-law to allow an opportunity for staff to have additional discussions
and provide clarifications related to the proposed provisions.
Councillor P. Singh brought forward a motion to defer consideration of the proposed Zoning for
the property municipally addressed as 149-151 Ontario Street North/21 Weber Street West to
the May 27, 2019 Council meeting, to allow an opportunity for the active planning applications
related to the subject properties to be completed, and requested this matter be voted on
separately.
A motion was brought forward by Councillor K. Galloway-Sealock to defer consideration of the
proposed Zoning for the properties municipally addressed as 1893 Ottawa Street South and
1901 Ottawa Street South to the May 13, 2019 Planning and Strategic Initiatives Committee
meeting, to allow an opportunity to further dialogue with staff regarding the proposed Zoning.
Mr. Sloan advised since the conclusion of Part One of the Planning and Strategic Initiatives
Committee, staff would like to put forward an amendment to the proposed Zoning By-law in
response to written submissions received earlier this date from the GSP Group Inc. He requested
the following amendments:
1. Add provisions to clarify parking permissions for properties with two or more zones;
and,
2. Add provisions to clarify compliance of future modifications to complete site plan
applications submitted prior to the new Zoning By-law effective date; and further,
3. Revise site-specific provision (42) to delete provision b) xii).
It was noted Councillor Johnston brought forward a motion during Part One of the Planning and
Strategic Initiatives Committee earlier this date regarding the holding provision for the property
municipally addressed as 83 Elmsdale Drive; as well as the properties municipally addressed as
32 Duke Street East, 2-22 Duke Street East, 49 Queen Street North, and 84 Frederick Street, to
allow additional time for consultation with Region of Waterloo staff and property owners, which
still needed to be addressed.
The following properties being deferred for consideration to the May 13, 2019 Planning and
Strategic Initiatives Committee meeting are: 83 Elmsdale Drive, the 7H holding provision only;
32 Duke Street East; 2-22 Duke Street East; 49 Queen Street North; 84 Frederick Street; 1893
Ottawa Street South; and, 1901 Ottawa Street South was then voted on and was Carried.
deferral motion to the May 27, 2019 Council meeting related to the property
municipally addressed as 149-151 Ontario Street North/21 Weber Street West was then voted
on and was Carried.
A motion was brought forward by Councillor B. Ioannidis to approve the amendments as
requested by Mr. B. Sloan, which was then voted on and was Carried.
Councillor S. Marsh declared a pecuniary interest with respect to the New Zoning By-law
(CRoZBy) - Stage 1 - Non-Residential Zones, as she owns a unit within the property municipally
addressed 100 Victoria Street.
Councillor D. Chapman assumed the Chair.
In accordance with the declared pecuniary interests, the motion was then voted on and was
Carried. Councillor P. Singh and Councillor S. Marsh accordingly did not vote.
Councillor S. Marsh reassumed the Chair.
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
APRIL 15, 2019 -9- CITY OF KITCHENER
2. DSD-19-049 - NEW ZONING BY-LAW (CRoZBy) STAGE 1 NON-RESIDENTIAL ZONES
Councillor Chapmanvision was then voted on and
Carried.
On motion by Councillor M. Johnston -
it was resolved:
That the City-initiated Official Plan Amendment attached to Development Services
Department report DSD-19-049 as Appendix C which is associated with the new Zoning
By-law (Stage 1), be adopted and accordingly forwarded to the Region of Waterloo for
approval; and,
That a new Zoning By-law (Stage 1) and associated mapping attached to Report DSD-
19-049 as Appendix D be approved, as amended; and,
That Stage 1 of the new Zoning By-law does not represent a comprehensive, full
replacement of the existing Zoning By-
Section 34 of the Planning Act does not apply; thereby permitting amendments and minor
variance applications; and,
That consideration of the following properties be deferred to the May 13, 2019 Planning
and Strategic Initiatives meeting to allow additional time for consultation with City of
Kitchener and/or Region of Waterloo staff and property owners:
83 Elmsdale Drive, the 7H holding provision only;
32 Duke Street East;
2-22 Duke Street East;
49 Queen Street North;
84 Frederick Street;
1893 Ottawa Street South;
1901 Ottawa Street South; and,
be deferred to the
May 13, 2019 Planning and Strategic Initiatives Committee meeting to allow
additional discussions and clarifications related to the proposed bonusing provisions; and
further;
That consideration of the following properties be deferred to the May 27, 2019 Council
meeting to allow for development applications currently in process to be completed prior
to consideration:
149-151 Ontario Street North;
21 Weber Street West.
3. ADJOURNMENT
On motion, this meeting adjourned at 10:41 p.m.
J. Rodrigues
Committee Administrator