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HomeMy WebLinkAboutCSD-14-071 - Additional Information - New Official Plan REPORT TO: Mayor Zehr and Members of Council DATE OF MEETING: June 30, 2014 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Tina Malone-Wright, Senior Planner, 519-741-2200 x7765 Brandon Sloan, Manager, Long Range & Policy Planning WARD(S) INVOLVED: All Wards DATE OF REPORT: June 19, 2014 REPORT NO.: CSD-14-071 SUBJECT: OP14/04/COK/TMW ADDITIONAL INFORMATION FOR CITY OF KITCHENER NEW OFFICIAL PLAN ADOPTION BY COUNCIL ___________________________________________________________________ RECOMMENDATION: For information. BACKGROUND: On June 9, 2014 Planning & Strategic Initiatives Committee recommended approval in principle of the recommendations in report CSD-14-031, including adoption of the new Official Plan, subject to further clarification, wording of draft resolutions for Council’s th consideration, and a final decision at the June 30 Council meeting. REPORT: The purpose of this report is to follow up on the resolution from the special Planning & Strategic Initiatives Committee meeting on June 9th, 2014 as noted below and to provide potential wording for Council to consider as amendments to the main recommendation for adopting the new Official Plan. That staff be directed to provide further clarification where indicated as well as “ appropriate wording for draft resolutions to potentially incorporate some of the following matters raised at the June 9, 2014 special Planning and Strategic Initiatives Committee meeting into the new Official Plan:” a) Clarify Kitchener City Council’s overall ability to defer consideration of specific items within the new Official Plan Section 17(22) of the Planning Act states that where the appropriate Planning Act requirements have been met and Council is satisfied that the plan as finally prepared is suitable for adoption, Council may by by-law adopt all or part of the plan and submit it for approval. The City cannot officially “defer” under the Planning Act, but can make a recommendation to the Region to officially “defer” the part(s) of the adopted plan. As stated in previous reports and meetings, a recommendation to the Region to “defer” a property or policy that is currently subject to an Ontario Municipal Board hearing on an appeal of the Regional Official Plan is not necessary as it will automatically be “referred” in the Region’s decision. Conversely, a recommendation to the Region to “defer” a property or policy that is not under ROP appeal is possible. b) 491, 525 and 563 Highland Road West (drive-throughs) – examine the potential for having these matters addressed through zoning as well as the ability to permit the grandfathering of existing drive-throughs identified in the new Official Plan without having to include additional procedures Staff has consistently advised that these type of matters (dealing with existing uses, i.e. “grand-fathering”) can be addressed through the Zoning By-law as that is often the most appropriate time and context to do so. Another option to alleviate the landowner’s concerns is that the lands further from the intersection could be considered for ‘Commercial’ land use instead of ‘Mixed Use’. Although not recommended by staff, the following alternative motions are provided for Council’s consideration as directed. Item b - Option 1: Add a new resolution that states: That Council affirms that the policies in the new Official Plan facilitate the ability to recognize (“grand-father”) existing drive-throughs at 491, 525 and 563 Highland Road West in the Zoning By-law and that City staff be directed to do so through the Comprehensive Review of the Zoning By-law process. OR Item b - Option 2: th Amend the end of the second clause of the June 9 recommendation to add “with the following changes: Revise Map 5 – Specific Policy Areas to add a new area for 491, 525 and 563 Highland Road West; and Adda Specific Policy Area to Part D – Section 15.D.12 to read as follows: 15.D.12.XX. 491,525 and 563 Highland Road West Notwithstanding the Mixed Use land use designation: a) On the lands legally described as Part of Lots 20 and 21, Registered Plan 1004, more particularly described as Parts 1 to 6 on Reference Plan 58R-5638, municipally known as 491, 525 and 563 Highland Road West, drive-throughs existing as of the date of approval of this plan will be permitted in any form of building; and b) On the lands legally described as Registered Plan 1004, Part Lot 21, more particularly described as Parts 5 and 6 on Reference Plan 58R-5638, municipally known as 563 Highland Road West, clause 15.D.4.9 a) shall not apply.” c) Kellner/Cutajar property (Ottawa Street South) – clarify Council’s ability to defer consideration of this property within the new Official Plan pending a resolution of the appeal to the Ontario Municipal Board of the Regional Official Plan designation of the subject property as a Core Environmental Feature As noted in a) above, Council cannot formally “defer” a decision on this property. Also, as previously stated, the City of Kitchener Official Plan must conform to the approved Regional Official Plan even though the Regional Official Plan has been appealed. Adopting an Official Plan that does not conform to the Regional Official Plan may involve the City in an Ontario Municipal Board hearing to which we are currently not party to. Technical work has not been completed by the City for this site to support something that is contrary to the Region’s position. Therefore, the property must stay as is in the new Official Plan. The Region of Waterloo in their decision will “refer” this matter to the OMB. At such time as the OMB issues a decision, any necessary mapping and policy changes will be modified in both the Region and City’s Official Plans to reflect the decision. If Council decided not to adopt the portion of the Official Plan applying to the subject lands, not only would the Region likely modify the plan to include the lands in the decision in order to ensure conformity, but any OMB decision on the ROP would not be reflected in the decision on the City of Kitchener Official Plan. There is no practical value in the City taking a position on this matter and there are risks. Council will receive legal advice on this matter under separate cover. d) 1225 Courtland Avenue East – examine a means of permitting the existing redevelopment opportunities, subject to the submission and acceptance of an Environmental Impact Statement (EIS) The subject site has multiple properties, including 1215 Courtland Avenue East and the westerly portion of 1225 Courtland Avenue East which is in the Floodplain and proposed to be designated Natural Heritage Conservation. Existing zoning for these lands will not be changed until completion and implementation of the Block Line Station Study Area Plan/Secondary Plan. Under the new Official Plan, existing redevelopment opportunities are allowed to be considered subject to an Environmental Impact Study. In fact, the submission of an EIS will assist in determining which policies that relates to floodplain and natural heritage features apply (thus resolving the potential “policy conflict” that has been identified). Although not required and not recommended by staff, the following motions are provided for Council’s consideration as directed. Item d - Option 1: Add a new resolution that states: That Council affirms that the policies in the current and new Official Plan can allow the existing automotive sales use at 1215-1225 Courtland Avenue East to continue and also allow for redevelopment opportunities associated with the existing automotive sales use,subject to the development approval process and any required permits, including subject to the completion and acceptance of any necessary Environmental Impact Study (EIS). OR Item d - Option 2: th Amend the end of the second clause of the June 9 recommendation to add “with the following changes: Revise Map 5 – Specific Policy Areas to add a new area for 1215-1225 Courtland Avenue East; and Adda Specific Policy Area to Part D – Section 15.D.12 to read as follows: 15.D.12.XX. 1215-1225 Courtland Avenue East Notwithstanding the Natural Heritage Conservation land use designation of the lands legally described as Part Lot 7 Plan 757 Kitchener, Part 6 on Reference Plan 58R-6530, Save & Except Part 2 on Reference Plan 58R-17465, municipally known as 1215 Courtland Avenue East, and the westerly portion of lands legally described as Part Lot 7 Plan 757 Kitchener; Part Lot 9 Plan 1029 Kitchener, Being Part 2 on Reference Plan 58R-6530, Save & Except Parts 4 To 15 Inclusive on Reference Plan 58R-17465, municipally known as 1225 Courtland Avenue East, the automotive sales use existing as of the date of approval of this plan will be permitted along with redevelopment opportunities associated with the existing automotive sales use subject to the development approval process, the completion and acceptance of any necessary Environmental Impact Study (EIS), and any required permits.” e) 809 Wellington Street North (Christie Digital) – examine a means of allowing this property to continue to have freestanding office potential based on a maximum floor space to land area ratio of 0.5:1, as long as those lands are being utilized exclusively by Christie Digital In addition to a number of changes that the landowner would benefit from in the new Official Plan decision, this property would continue to not only have freestanding office potential for use by Christie Digital with no prescribed size limitations but it would expand the existing permissions of free-standing office, currently existing on the easterly portion of the site that is under review by MTO for Highway intersection improvements, to all of the lands provided that any general type of office (such as an 2 insurance company) is no more than 10,000 m(about 108,000 square feet). Staff note that the special policy option below could potentially be more limiting to the Christie Digital business than staying with the Official Plan wording as is. Although not required and not recommended by staff, the following motions are provided for Council’s consideration as directed. Item e - Option 1: Add a new resolution that states: That Council affirms its commitment to Christie Digital that the current and new Official Plan allows the use of 809 Wellington Street North by Christie Digital for its purposes, including that all of the existing building and any future new buildings could be used for office space associated with Christie Digital with no Floor Space Area restrictions. OR Item e - Option 2: th Amend the end of the second clause of the June 9 recommendation to add “with the following changes: Revise Map 5 – Specific Policy Areas to add a new area for 809 Wellington Street North; and Adda Specific Policy Area to Part D – Section 15.D.12 to read as follows: 15.D.12.XX. 809 Wellington Street North Notwithstanding the Business Park Employment land use designation of the lands legally described as Part of Lots 32, 33 and 34, Registered Plan 763, more particularly described as Parts 1 to 3 on Reference Plan 58R-3130 and Part 1 on Reference Plan 58R-10424, municipally known as 809 Wellington Street North, office uses associated with the existing business, as of the date of the approval of this plan, will be permitted up to a maximum of 100 percent of the gross floor area to a maximum Floor Space Ratio of 0.5.” f) 6 Shirley Avenue – the property appears to be more oriented to Victoria Street and should be permitted to retain its commercial designation within the new Official Plan Although not recommended by staff, the following motion is provided for Council’s consideration as directed. Item f - Option 1: th Amend the end of the second clause of the June 9 recommendation to add “with the following changes: Revise Map 2 – Urban Structure to identify the lands legally described as Part of Lots 34, 35 and 36, Registered Plan 763 and municipally known as 6 Shirley Avenue as ‘Urban Corridor’ instead of ‘Industrial Employment Area’; Revise Map 3 – Land Use to designate the same lands as ‘Commercial’ instead of ‘Business Park Employment’; and Revise Special Policy 15.D.12.27 to read as follows: 15.D.12.27 6 Shirley Avenue Notwithstanding the Commercial land use designation of the lands legally described as Part of Lots 34, 35 and 36, Registered Plan 763, municipally known as 6 Shirley Avenue, office uses up to a maximum of 100 percent of the gross floor and to a maximum of 0.5 will also be areaFloor Space Ratio permitted.” g) 321-351 Courtland Avenue East (Maple Leaf Foods) – clarify Council’s ability to defer consideration of the Ecological Restoration Area overlay for this property in the new Official Plan, and whether the future use of the site would still require the submission and acceptance of an Environmental Impact Statement (EIS) As stated in a), a recommendation from Council to the Region to officially “defer” an item regarding a property that is not currently subject to an OMB hearing on a ROP item is possible. In this instance, the issue is likely not a direct ROP conformity matter either. With respect to the future use of the site, even with a “deferral” of the Ecological Restoration Area overlay for this property, a redevelopment application would still require an EIS. Item g – Option 1: Add a new resolution that states: That the Region of Waterloo modify Map 6 – Natural Heritage System to officially defer under the Ontario Planning Act the Ecological Restoration Area overlay as it applies to the property municipally known as 321 Courtland Avenue East and that the deferral be in effect until such time as the Rockway Stations Study Area Plan is completed along with any supporting studies and amendment to the Mill- Courtland Woodside Park Secondary Plan. h) Falconridge Drive extension – clarify when the subject road extension will be scheduled to proceed and added to the City’s 10-year Capital Forecast This road project is under consideration as part of future Development Charges and Capital Budget Programs. The most recent Development Charges Study indicated significant financial challenges related to hard services. As a result, many projects were pushed to the end or beyond the 10-year forecast in order to better balance the funds. The completion of Falconridge Drive is subject to this financial reality. Further to discussions with Engineering staff, although the Falconridge Drive connection is currently beyond the 10-years, it is a candidate for consideration in the next DC Study (with the hope that the financial forecast for hard services has improved) and will be considered in subsequent Capital Forecasts. Given that connecting of the two existing portions of Falconridge Drive could also provide park access and potential associated amenities, this would assist with the potential funding model. The Region has indicated that connecting the street would provide more direct and better coverage for the planned future transit route. Ideally the road would be constructed to coincide with implementing the planned transit service. In addition to all of the other benefits of having multiple routes in/out of a subdivision in a modified grid pattern, the road connection would also help with snow plow routing and water main looping. th In accordance with the June 9 resolution no alternative resolution is provided. i) 300 Bridge Street – confirm whether the potential impacts of the proposed future re- alignment of Hwy7 have been taken into consideration as part of the new Official Plan As previously stated, City staff did consider the plans for the alignment of Highway No. 7 in relation to the request for general free-standing office uses. Staff also confirms that the subject property does not have existing zoning permissions for free-standing office (although specific types of offices are, and would continue, to be permitted). Adding as-of-right uses to these lands, such as office, is best dealt with through a site- specific development application which would include a development proposal, justification, further public consultation and technical studies (such as a transportation study and servicing confirmation). The delegation’s submissions may be part of their site-specific justification for why the full range of office should be considered for these lands whereas the direction/objective is to locate such uses in the downtown, station/intensification areas and along transit corridors. th In accordance with the June 9 resolution no alternative resolution is provided. Staff continues to re-iterate their willingness to work with the landowner’s representatives and the Region to potentially establish a transit corridor for the Bridgeport East area. CONCLUSION: th Alternative wording in accordance with the resolution from the June 9 Planning & Strategic Initiatives Committee meeting is provided for Council’s consideration as potential amendments to the second recommendation contained in report CSD-14.031 for adoption of the new Official Plan or as additional resolutions. ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services) ATTACHMENTS: Appendix ‘A’ – Potential Amendments to the Official Plan Recommendations th Contained in Report CSD-14-031 from June 9, 2014 for Council’s Consideration Appendix ‘A’ Potential Amendments to the Official Plan Recommendations Contained in Report CSD- th 14-031 from June 9, 2014 for Council’s Consideration Item b - Option 1: Add a new resolution that states: That Council affirms that the policies in the new Official Plan facilitate the ability to recognize (“grand-father”) existing drive-throughs at 491, 525 and 563 Highland Road West in the Zoning By-law and that City staff be directed to do so through the Comprehensive Review of the Zoning By-law process. OR Item b - Option 2: th Amend the end of the second clause of the June 9 recommendation to add “with the following changes: Revise Map 5 – Specific Policy Areas to add a new area for 491, 525 and 563 Highland Road West; and Adda Specific Policy Area to Part D – Section 15.D.12 to read as follows: 15.D.12.XX. 491,525 and 563 Highland Road West Notwithstanding the Mixed Use land use designation: c) On the lands legally described as Part of Lots 20 and 21, Registered Plan 1004, more particularly described as Parts 1 to 6 on Reference Plan 58R-5638, municipally known as 491, 525 and 563 Highland Road West, drive-throughs existing as of the date of approval of this plan will be permitted in any form of building; and d) On the lands legally described as Registered Plan 1004, Part Lot 21, more particularly described as Parts 5 and 6 on Reference Plan 58R-5638, municipally known as 563 Highland Road West, clause 15.D.4.9 a) shall not apply.” Item d - Option 1: Add a new resolution that states: That Council affirms that the policies in the current and new Official Plan can allow the existing automotive sales use at 1215-1225 Courtland Avenue East to continue and also allow for redevelopment opportunities associated with the existing automotive sales use,subject to the development approval process and any required permits, including subject to the completion and acceptance of any necessary Environmental Impact Study (EIS). OR Item d - Option 2: th Amend the end of the second clause of the June 9 recommendation to add “with the following changes: Revise Map 5 – Specific Policy Areas to add a new area for 1215-1225 Courtland Avenue East; and Adda Specific Policy Area to Part D – Section 15.D.12 to read as follows: 15.D.12.XX. 1215-1225 Courtland Avenue East Notwithstanding the Natural Heritage Conservation land use designation of the lands legally described as Part Lot 7 Plan 757 Kitchener, Part 6 on Reference Plan 58R-6530, Save & Except Part 2 on Reference Plan 58R-17465, municipally known as 1215 Courtland Avenue East, and the westerly portion of lands legally described as Part Lot 7 Plan 757 Kitchener; Part Lot 9 Plan 1029 Kitchener, Being Part 2 on Reference Plan 58R-6530, Save & Except Parts 4 To 15 Inclusive on Reference Plan 58R-17465, municipally known as 1225 Courtland Avenue East, the automotive sales use existing as of the date of approval of this plan will be permitted along with redevelopment opportunities associated with the existing automotive sales use subject to the development approval process, the completion and acceptance of any necessary Environmental Impact Study (EIS), and any required permits.” Item e - Option 1: Add a new resolution that states: That Council affirms its commitment to Christie Digital that the current and new Official Plan allows the use of 809 Wellington Street North by Christie Digital for its purposes, including that all of the existing building and any future new buildings could be used for office space associated with Christie Digital with no Floor Space Area restrictions. OR Item e - Option 2: th Amend the end of the second clause of the June 9 recommendation to add “with the following changes: Revise Map 5 – Specific Policy Areas to add a new area for 809 Wellington Street North; and Adda Specific Policy Area to Part D – Section 15.D.12 to read as follows: 15.D.12.XX. 809 Wellington Street North Notwithstanding the Business Park Employment land use designation of the lands legally described as Part of Lots 32, 33 and 34, Registered Plan 763, more particularly described as Parts 1 to 3 on Reference Plan 58R-3130 and Part 1 on Reference Plan 58R-10424, municipally known as 809 Wellington Street North, office uses associated with the existing business, as of the date of the approval of this plan, will be permitted up to a maximum of 100 percent of the gross floor area to a maximum Floor Space Ratio of 0.5.” Item f - Option 1: th Amend the end of the second clause of the June 9 recommendation to add “with the following changes: Revise Map 2 – Urban Structure to identify the lands legally described as Part of Lots 34, 35 and 36, Registered Plan 763 and municipally known as 6 Shirley Avenue as ‘Urban Corridor’ instead of ‘Industrial Employment Area’; Revise Map 3 – Land Use to designate the same lands as ‘Commercial’ instead of ‘Business Park Employment’; and Revise Special Policy 15.D.12.27 to read as follows: 15.D.12.27 6 Shirley Avenue Notwithstanding the Commercial land use designation of the lands legally described as Part of Lots 34, 35 and 36, Registered Plan 763, municipally known as 6 Shirley Avenue, office uses up to a maximum of 100 percent of the gross floor area and to a maximum Floor Space Ratio of 0.5 will also be permitted.” Item g – Option 1: Add a new resolution that states: That the Region of Waterloo modify Map 6 – Natural Heritage System to officially defer under the Ontario Planning Act the Ecological Restoration Area overlay as it applies to the property municipally known as 321 Courtland Avenue East and that the deferral be in effect until such time as the Rockway Stations Study Area Plan is completed along with any supporting studies and amendment to the Mill-Courtland Woodside Park Secondary Plan.