HomeMy WebLinkAboutCSD-13-089 - 2nd Draft - New Official PlanStaff Report
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REPORT TO:
Mayor Zehr and Members of Council
DATE OF MEETING:
August 26, 2013
SUBMITTED BY:
Alain Pinard, Director of Planning
PREPARED BY:
Tina Malone- Wright, Senior Planner - 519 - 741 -2200 ext. 7765
WARD(S) INVOLVED:
All Wards
DATE OF REPORT:
August 16, 2013
REPORT NO.:
CSD -13 -089
SUBJECT:
SECOND DRAFT OF THE NEW OFFICIAL PLAN
COUNCIL STRATEGY SESSION
RECOMMENDATION:
For information and discussion.
BACKGROUND
The August 26th, 2013 Council Strategy Session is the second discussion during August of the
draft new Official Plan. The primary purpose is to allow for more dedicated time with Council to
exchange information on specific topics and policy direction. The August 12th, 2013 session at
Planning & Strategic Initiatives Committee covered: orientation to the document, urban
structure, institutional uses and identified topics for August 26th
REPORT:
The following topics will be discussed at the August 26th, 2013 session on the new Official Plan:
• Employment Areas
• Special Policy Areas
• Drive - throughs
• Sustainable Development (Water /Energy /Air Quality/Waste Management)
• Natural Heritage System (particularly the Locally Significant Features)
At the August 12th session, it was requested that we also consider discussing Aggregates and
Agriculture. Given that those topics only impact a very small portion of the city, and that relevant
policies are essentially required to reflect the wording of policies in the Region's Official Plan
(which remains under appeal), staff suggest that the 5 topics noted above be the priorities for
the August 26th session. There will be additional opportunities to follow up on any questions
about the Aggregate and Agriculture sections.
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Employment Areas (Page 29 - Policies 3.C.2.51- 3.C.2.54, Page 40 — Policies 5.C.1.3 - 5.C.1.4
and Page 194 - Section 15.D.6)
The new draft of the City's new Official Plan includes updated policies with respect to the City's
Industrial employment areas. This is to reflect the policy direction in the Provincial Policy
Statement and the Growth Plan for the Greater Golden Horseshoe. The provincial policies
require that municipalities plan for, protect and preserve employment areas for current and
future uses. An employment area is defined as:
"areas designated... for clusters of business and economic activities including but not limited to
manufacturing, warehousing, offices and associated retail and ancillary facilities."
The industrial employment land use designations in this draft new Official Plan have been
revised to remove those employment uses which do not the meet the definition of an
employment area. Only those employment uses as listed in the definition of an employment
area and those associated and ancillary facilities employment uses will be permitted in the City's
industrial employment land use designations.
The change or official plan redesignation of employment areas to non - employment uses
constitutes a `conversion' under the provincial policies. The draft policies specify that residential,
institutional, non - ancillary commercial, non - ancillary retail and major retail are considered non -
employment uses. Conversions of employment areas to non - employment uses must be justified
through a municipal comprehensive review. The City completed and Council approved a
Municipal Comprehensive Review of its employment areas in March of 2010. The
recommendations of this Municipal Comprehensive Review are reflected in the industrial
employment area policies in the new draft of the City's Official Plan. One of the
recommendations was a definition of what is considered major retail for the purposes of
applying the conversion policies.
In accordance with the regulations in the Planning Act, a new policy (Page 239 — 16.E.2.17) has
been added to state that there are no appeal rights with respect to the refusal or failure of the
City to adopt an Official Plan amendment or the passage of a zoning by -law amendment for the
redesignation or conversion of lands designated as industrial employment areas.
Special Policy Areas (Page 215 — Section 15.D.12, Map 5)
These specific policies are intended to recognize sites or areas within the City where special
conditions, other than those specified in the land use designation, will also apply. Accordingly,
notwithstanding the land use designation and associated policies, certain sites and areas may
be subject to more detailed and specific policies and /or exemptions to some of the policies
contained in the applicable land use designation policies. The locations or areas to which the
policies apply are shown on Map 5. For example, Policy 15.D.12.7 recognizes /permits additional
uses beyond what is currently permitted by the Institutional land use designation to the property
known as the Steckle Heritage Homestead.
Drive- Throughs (Page 163 — Policy 15.D.2.10, Page 183 — Policies 15.D.4.7 and 15.D.4.9)
The City's current Official Plan is silent on drive - throughs as a land use and relies on the
policies with respect to the planned function of the Downtown, the Mixed Use Nodes and the
Mixed Use Corridors to direct drive - throughs to more auto - oriented areas of the City. New
direction and policies with respect to drive - throughs have been proposed in this draft of the
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City's new Official Plan. The policies have been proposed to support the planned function of the
Urban Growth Centre (Downtown) and the City's mixed use land use designation. The use of
drive - through facilities in new developments and redevelopments in the Downtown will not be
permitted. In the mixed use land use designation, the policy direction is that implementing
zoning may exclude predominantly auto - exclusive uses such as drive - throughs. Applications for
new drive - throughs will require supporting studies and reports and only be considered for
approval in circumstances where certain criteria are satisfied.
Drive - throughs are proposed to be permitted in the Commercial Campus and in the Commercial
land use designations.
Sustainable Development (Page 62 — Section 6.C.4, Page 64 — Section 6.C.5, Page 66 —
Section 6.C.6, Page 70 — Section 6.C.7, Page 72 — Section 6.C.8)
Since 1984, the City of Kitchener has had Official Plan policies and direction for many of the
elements that contribute to "sustainable development ". The elements that continue to be
identified and that are proposed to be enhanced through the new Official Plan include: water
conservation, energy conservation and generation, air quality, waste reduction and
management and the built environment. Transportation, land use and many other elements are
definitely related to this topic, but are not the primary components of Part C - Section 6 of the
new Official Plan or the August 26th discussion.
Kitchener, as a corporation, has taken significant strides towards reducing our impact on the
environment. There are a number of other great initiatives happening in our municipality as we
all realize that continued action is required to help manage our environmental footprint. More
can be done with respect to the built environment. Some municipalities have adopted "green
development" standards or require a certain level of "environmental performance ". Kitchener
continues to promote and encourage "environmentally - friendly design ", but is it time to start
requiring this?
Question 1: How strong should the policies with respect to Sustainable Development be
in the new Official Plan?
Question 2: Should the City consider the creation of a "Kitchener Green Standard" for
development?
Kitchener Natural Heritage System (Page 45 — Section 6.C.2)
The Kitchener's Natural Heritage System is comprised of natural heritage features that maintain
local and regional biological, hydrological, ecological and geological diversity and functions,
support viable populations of indigenous species and sustain local ecosystems. An overview of
the Natural Heritage System Features and applicable land use designations is shown in Figure
7 on page 50 of the Official Plan and on page 9 of the Summary Document.
The Kitchener Natural Heritage System (KNHS) Technical Background Report, which was
prepared by Environmental Planning staff, provides the detailed background information and
mapping on each of the component features of the Natural Heritage System and provides
direction to the draft policies in the City's new Official Plan.
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At this Council Strategy session, staff would like to provide more information and discuss four
new Kitchener - specific features of the Kitchener Natural Heritage System: locally significant
wetlands, locally significant valleylands, locally significant woodlands and ecological restoration
areas.
Question 3: Is the proposed policy direction and approach identified in the draft new
Official Plan, as supported by the Kitchener Natural Heritage System (KNHS) Technical
Background Report, appropriate for local -level natural heritage features and functions?
Next Steps
The deadline for comments on the second draft of the City's new Official Plan is October 11,
2013. Before that date, staff will hold a public open house and industry session to provide more
information and to answer any questions on the second draft.
A presentation and discussion will also be held with the City's Advisory Committees in a joint
meeting in November. In addition, Advisory Committee members are welcome to submit
comments independently by the October deadline.
Planning staff are targeting delivery of the final version of the Official Plan for a decision early in
2014.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The Official Plan Review aligns with, and contributes to, all of the "Community Priorities" in the
City's Strategic Plan.
FINANCIAL IMPLICATIONS:
There are no new capital budget implications as part of this report.
COMMUNITY ENGAGEMENT:
INFORM - this report is an information update only. The August sessions are a form of
CONSULT.
A formal public meeting will be held prior to the adoption of the final draft of the City's new
Official Plan. The intended timing for an advertised public meeting is early in 2014.
REVIEWED BY:
Brandon Sloan, Manager, Long Range and Policy Planning
ACKNOWLEDGED BY: Michael May, Deputy CAO
Community Services Department
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