HomeMy WebLinkAboutCSD-11-031- Cedar Hill Land Use & Social Environment Study - Project UpdateREPORT TO:Planning & Strategic Initiatives Committee
DATE OF MEETING:
February 28, 2011
SUBMITTED BY: Jeff Willmer, Deputy CAO, Community Services
PREPARED BY:
Elizabeth Brown, Planner
WARD(S) INVOLVED:
Ward 9
DATE OF REPORT:
February 16, 2011
REPORT NO.:
CSD-11-031
SUBJECT:
CEDAR HILL LAND USE & SOCIAL ENVIRONMENT
STUDY - PROJECT UPDATE
RECOMMENDATION:
For Information
BACKGROUND:
On January 14, 2010, the Ontario Municipal Board (OMB), issued an interim decision regarding
the appeal of City of Kitchener Official Plan Amendment No. 58, and By-law 2005-91 amending
Zoning By-law 85-1, relating to the Cedar Hill neighbourhood. In that interim decision, direction
was given to the City of Kitchener and all other parties to prepare for a “Phase 2” of the hearing.
This offers the City opportunity to recast its initiative, conduct further analysis, articulate its
decentralization strategy, and consider other appropriate mechanisms. It also allows Council to
update its file as significant time has passed since the 2005 study and amendments and as the
Current Council may have its own views. This staff report provides a summary of the January
14, 2010 interim decision for OMB Case File PL050611 and the actions that staff has taken in
response to the interim decision of the Board. A link to the full decision, which is available
online, has been provided in Appendix “A”.
REPORT:
After approximately thirty-five years of decline and attempts by the community to improve the
neighbourhood’s social environment, an Interim Control By-law (ICB) under Section 38 of the
Planning Act was passed on May 12, 2003, affecting the area bounded by Charles Street East,
Benton Street, Courtland Avenue East and the rear lot line of properties on the south side of
Madison Avenue South. This ICB limited the development or conversion of four particular
housing types within the affected area for a period of one year, with the option to extend the
restrictions for a second year, in order to allow further study to identify factors that made the
social environment of the Cedar Hill neighbourhood different from the City’s five other central
neighbourhoods. The Cedar Hill Land Use and Social Environment Study (study) was
commissioned by the Council of the day, and was completed in early 2005.
The study concluded that the Cedar Hill neighbourhood had an over-concentration of single-
person, low-income households that was a result of the concentration of absentee landlord
rental homes, duplexes and triplexes, residential care facilities and social/supportive housing.
Twenty-two recommendations for further action were made, and presented to Council by staff in
April 2005. Municipal Plan Amendment No. 58 and By-law 2005-91 were prepared and adopted
by Council on May 9, 2005. The Zoning By-law Amendment was appealed in 2005, and
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following modification and approval by the Region of Waterloo in 2007, Official Plan Amendment
Number 58, was also appealed.
OMB Interim Decision
In May 2009, the OMB hearing for these appeals commenced and continued for approximately
four weeks. An interim decision was issued on January 14, 2010, and provided as follows:
1. The hearing is to reconvene approximately fifteen (15) months from the date of issue of the
Interim Decision.
2. “Phase 2” of this hearing will address the following topics:
a. Decentralization of facilities: consolidated strategy/measures to attract facilities into
other neighbourhoods, including positive measures (enticement) and uncontested
negative restrictions (e.g. enforcement of existing By-laws)
b. Other restrictive measures: proposed measures (if any, and updated) to restrict
facilities based on analysis showing required attention to the Act, PPS [Provincial
Policy Statement] and MOP [Municipal Official Plan], notably:
i. Regard for the statutory Provincial interest in accessibility for persons with
disabilities to all facilities, services and matters to which the Planning Act
applies;
ii. Consistency with PPS policies (a) to improve accessibility for persons with
disabilities, by removing and/or preventing land-use barriers which restrict
their full participation in society, and (b) permitting and facilitating all forms of
housing required to meet the social, health and well-being requirements of
current and future residents, including special needs requirements.
iii.
Conformity with the MOP purposes of (a) taking into account household
and mental health and ability, (b) the need for
income and physical
lodging houses and residential care facilities at appropriate locations in
all residential areas, and (c) housing accessible to all residents
regardless of their physical, developmental and sensory abilities.
Other restrictive measures, if based on “personal qualification or other
c.
personal
characteristics”, would also require analysis showing how they avoid the
Supreme Court of Canada’s restriction on “people zoning”.
d. A place-holder by-law would require a statement of the enabling authority there for,
and how it avoids the Supreme Court of Canada’s admonition against “mere
discretionary power”.
e. Restrictive measures targeting the accommodation of persons with a disability, or in
receipt of public assistance, would require analysis of how they comply with the
Code and Charter.
To summarize, the Board has provided the City with the opportunity to redraft Official Plan
Amendment No. 58 and By-law 2005-091 to ensure compliance with the Planning Act,
Provincial Policy Statement, policies found within the Official Plan, the Code and Charter. The
Board also suggested that the City consider developing incentives for the decentralization of
facilities of concern, instead of relying on restrictive measures requiring their dispersion.
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The Board has noted that the analysis required by the Interim Decision is expected to have
been approved by City Council by way of Resolution, and by the Regional approval authority.
The Board noted that it did not consider the analysis to result in new instruments, requiring a
new process, new notifications and meetings etc. The Board’s stated an expectation that City
Council and the Regional approval authority will treat this as the unfolding of an existing file.
Events since the Interim Decision was Issued
Since the January 2010 Interim Decision was issued, several steps have been taken to address
the direction given to the City by the Board:
February 1, 2010 OMB interim decision discussed with City Council in camera.
February 8, 2010 OMB interim decision discussed with City Council in camera.
April 12, 2010 A report is taken to the Community Services Committee by the
Community Service Department (CSD10-028) for the Downtown East Ya
Gotta Luv It community development project. This report summarizes the
outcome of a five-year project aimed to help members of the community
with issues such as property standards, absentee landlords and crime.
The project also worked with local media outlets to assist in reducing the
negative perception of the Downtown East neighbourhoods.
June 2010 Staff from the School of Planning at the University of Waterloo is retained
to undertake an update to the Cedar Hill Land Use and Social
Environment Study (2005).
June 2010 The Interim General Manager of the Development and Technical Services
Division and the Ward Councillor (former Ward 6) met with members of
the Cedar Hill Neighbourhood Association executive to discuss “next
steps”.
June - October 2010 Project team for the Downtown East Ya Gotta Luv It plan for, and
advertise, the community forum that is initially scheduled to take place in
November 2010. Due to unforeseen circumstances, this forum is
rescheduled to take place in early 2011.
September 2010 Nominations for the 2010 Municipal Election close.
September 2010–
January 2011 Staff from the University of Waterloo’s School of Planning continues with
the study as commissioned, updating information found in the Cedar Hill
Land Use and Social Environment Study (2005).
October 25, 2010 - The municipal election takes place. A change to ward boundaries is
implemented as part of this election process, and the Cedar Hill
neighbourhood became part of Ward 9. The election results in Ward 9
had a one (1) ballot difference between the elected individual and the
runner-up, resulting in several recounts.
December 6, 2010 - The new Council is sworn in.
January 13, 2011 - Frank Etherington is confirmed as the Ward 9 Councillor by the final
court-ordered recount.
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February 2011- Staff prepares an information report for the new Council to update them
on the Cedar Hill project.
February 2011 - Cedar Hill Study 2010 is scheduled to be completed.
March 2011 - Recheduled Community Forum to be held to discuss the Downtown East
Ya Gotta Luv It evaluation and next steps.
March/April 2011 - Staff are scheduled to bring recommendations to Council in response to
the OMB Interim Decision.
CONCLUSION:
On January 14, 2010, the Ontario Municipal Board (OMB), issued an Interim Decision regarding
the appeal of Official Plan Amendment No. 58, and By-law 2005-91 amending Zoning By-law
85-1. In that Interim Decision, direction was given to the parties to prepare for a Phase 2
hearing, allowing the City of Kitchener to undertake further review and redraft the proposed
Official Plan Amendment (OPA) and Zoning By-law Amendment (ZBA).
To date, work has been done to update the Cedar Hill Land Use and Social Environment Study
(2005) to see whether the quantitative measures of the social environment have changed
appreciably. The Downtown East Ya Gotta Luv It project ended its five-year term, and the
summary report presented to Council provided positive updates along with further
recommendations. A broader community consultation is taking place in the next two months.
Staff will bring a report to Committee and Council in late March or early April 2011 with
recommendations on how to proceed, as per the OMB Interim Decision.
REVIEWED BY:
Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Jeff Willmer, Deputy CAO
Community Services Department
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Appendix “A”
The Interim Decision of the Ontario Municipal Board can be downloaded from the Ontario
Municipal Board E-Decisions website. This page can be found at:
http://www.omb.gov.on.ca/english/eDecisions/eDecisions.html
PL080333
Searching for the file number – – will provide two search results; one dated January
14, 2009, regarding the pre-hearing conference, and another dated January 14, 2010. The
January 14, 2010 document is the “Interim Decision” referenced within staff report CSD-11-031.
The document can be printed, reviewed on screen or saved for review at a later time.
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