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PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
APRIL 20, 2015 CITY OF KITCHENER
The Planning and Strategic Initiatives Committee met this date, commencing at 5:30 p.m.
Present: Councillor P. Singh, Chair
Councillors S. Davey, F. Etherington, Y. Fernandes, K. Galloway-Sealock, J. Gazzola,
Z. Janecki, S. Marsh and D. Schnider.
Staff: D. Chapman, Deputy CAO, Finance and Corporate Services
D. Tyagi, Deputy CAO, Infrastructure Services
S. Turner, Acting Deputy CAO, Community Services
L. Tansley, Assistant City Solicitor
L. Bensason, Coordinator, Cultural Heritage Planning
B. Sloan, Manager, Long Range and Policy Planning
D. Livingstone, Committee Administrator
FCS-15-057 - ENVIRONMENTAL COMMITTEE RECOMMENDATION
1.
- WATERLOO REGION BLUE DOT MOVEMENT
- MUNICIPAL DECLARATION: RIGHT TO A HEALTHY ENVIRONMENT
The Committee considered Finance and Corporate Services Department report FCS-15-057,
dated March 11, 2015 recommending endorsement of the Blue Dot Movement ‘Model
Municipal Declaration: for the Right to a Healthy Environment’; and, that the City correspond
with the Federal and Provincial governments for the development of legislation that recognizes
citizens’ rights to a healthy environment. It was noted that this item was considered by the
Environmental Committee at their meeting on February 19, 2015.
Mr. J. Marston gave a presentation regarding the initiatives of the Blue Dot Movement, and
requested a declaration by the City of Kitchener to protect the environmental rights of
Canadians. He reviewed the objective of the Blue Dot Movement, stating that Canadians’
environmental rights need to be protected at the national level through an amendment to the
Charter of Rights and Freedoms. He noted that they are a grass roots organization whose
goal is to inform the public and gain support from the various municipalities to adopt a
declaration in support of the “Right to a Healthy Environment”. He indicated the Blue Dot
Movement would use the support demonstrated by the municipalities through the adoption of
the declaration, to leverage the Province and the Federal government to help implement or
improve the Environmental Bill of Rights, with the ultimate goal of extending the Canadian
Charter to include environmental rights. He noted that he has been communicating with staff
at the Region of Waterloo, City of Waterloo, City of Cambridge and City of Kitchener, indicating
that they are pursuing support from all of the municipalities within the Region.
Councillor Y. Fernandes brought forward a motion to defer consideration of the
recommendation within Report CSD-15-057 to the May 25, 2015 Committee meeting to allow
time for staff to complete an analysis and review of the “Right to a Healthy Environment”
including collaboration with area municipalities; and, to review the implications of making a
declaration to support an amendment to the Charter of Rights and Freedoms.
Carried Unanimously
The following motion was then voted on and was on a recorded vote by
all members present. Councillor S. Davey was not present at this time; and, accordingly did not
vote. Mayor B. Vrbanovic and Councillor B. Ioannidis were absent from this meeting.
On motion by Councillor Y. Fernandes -
it was resolved:
be deferred to the May 25, 2015 Planning &
“That consideration of the following
Strategic Initiatives Council meeting
to allow time for additional analysis and further
information to be provided:
“That the Blue Dot Movement ‘Model Municipal Declaration: for the Right to a Healthy
Environment’, be endorsed, as outlined in Appendix ‘A’, of Finance and Corporate
Services Department report FCS-15-057; and further,
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
APRIL 20, 2015 -12- CITY OF KITCHENER
FCS-15-057 - ENVIRONMENTAL COMMITTEE RECOMMENDATION
1.
- WATERLOO REGION BLUE DOT MOVEMENT
- MUNICIPAL DECLARATION: RIGHT TO A HEALTHY ENVIRONMENT
(CONT’D)
That the Mayor, on behalf of City Council, correspond with the Right Honourable
Stephen Harper and the Honourabe Kathleen Wynne, Premier of Ontario calling for the
development of federal and provincial legislation that recognizes that all people have the
right to live in a healthy environment.”
Councillor S. Davey entered the meeting at this time.
CSD-15-034 – CULTURAL HERITAGE LANDSCAPE STUDY
2.
The Committee considered Community Services Department report CSD-15-034, dated March
20, 2015 recommending approval of the Kitchener Cultural Heritage Landscape Study (CHLS);
and, the engagement of property owners and stakeholders when proceeding with Phase Two
of the CHL conservation process as outlined in the Report. Mr. L. Bensason presented the
Report and introduced the consultants, Messrs. Rod MacDonald and Chris Borgal.
Mr. Rod MacDonald, LandPlan Collaborative, and Mr. Chris Borgal, Goldsmith, Borgal &
Company Architects Ltd., presented the Study advising of the comprehensive inventory
identification process of CHLs. Mr. MacDonald indicated that the CHLs can be broken down
into nine categories, and reviewed the cultural heritage significance of each: cemeteries,
farms, institutions, industrial/commercial, the Grand River, neighbourhoods, estates, public
open spaces, and transportation. Mr. Borgal reviewed the recommendations of the Study
stating that 55 sites were identified as cultural heritage landscapes; however, there are four
other areas which merit further examination and consideration. He stated that an on-going
process for identification and documentation of heritage resources should be sustained and
that information should be made available to the public online. He then reviewed further
recommendations within the Study: continued management and conservation of the urban
forest; further investment in telling Kitchener’s heritage story; a more comprehensive analysis
of the rural roads and their future incorporation into suburban areas; and, analysis of
opportunities of assembling land to protect heritage and natural resources along the Grand
River Corridor.
Mr. Bensason responded to questions about the legislative requirements related to cultural
heritage landscapes. He advised that the Provincial Policy Statement requires significant CHLs
to be conserved; and, the Regional Official Plan directs designation of significant CHLs in the
Official Plans of area municipalities. He elaborated that policies are established in the Official
Plan to address conservation of CHLs including the identification, inventory, and listing on the
Municipal Heritage Register.
With regard to concerns expressed by property owners, Mr. Bensason stated that although
most communication with property owners has been positive, four requests for removal of
identification as a CHL have been received and addressed. He reviewed the concerns stating
that Westmount Golf Course initially requested removal from the inventory; however, further
communication with Councillor S. Davey and the Golf Course has allowed the opportunity for a
resolution satisfactory to staff and the owners which will be brought forward for consideration
this date. He stated that owners of property within the warehouse district and downtown area
have expressed concern related to the potential impact to redevelopment by their identification
as significant CHLs. He indicated that staff has responded to their concerns and advised that
staff do not agree redevelopment would be negatively impacted, and referred to areas that
have successfully been redeveloped in the subject areas. He stated that in addition, Doon
Presbyterian Church initially expressed concern related to the identification of the cemetery as
a CHL; however, staff has clarified that being placed on the inventory of significant CHLs does
not apply an encumbrance to the property and has resolved their concerns.
Mr. Greg Shepherd, President, Westmount Golf & Country Club, addressed the Committee
regarding the identification of the Westmount Golf Course as a cultural heritage landscape. He
reviewed the initial concerns he had expressed to Heritage Kitchener, staff, and Councillor
Davey relating to the identification of the Club as a CHL stating that since the club is privately
owned and funded, being identified could have implications on alterations required to maintain
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
APRIL 20, 2015 -13- CITY OF KITCHENER
CSD-15-034 – CULTURAL HERITAGE LANDSCAPE STUDY (CONT’D)
2.
the property as well as bring scrutiny by the City. In addition, he stated that the Official Plan
provides sufficient protection as the golf course is designated Open Space; is zoned for use as
a golf course; and, does not require additional conservation measures such as identification in
the CHL. He indicated that the Board of Directors has met with Councillor Davey and an
amendment has been agreed upon which does not object to being identified on the inventory
of CHL’s but grants certain concessions to limit interference by the City.
In response to questions, Mr. Shepherd stated that as the CHL Study is a phased process, the
amendment would ensure that interference by the City would be limited unless Westmount
Golf and Country Club Limited applied for a zone change from ‘Golf Course’ or an Official Plan
amendment to change the land use designation from ‘Open Space’.
Mr. Bob Huck, Huck Glove, addressed the Committee in opposition to the identification of the
Warehouse District within the CHL. Mr. Huck stated that his property, 120 Victoria Street
South, is located in the Warehouse District and indicated that in 2010 Council recommended
the non-listing of his property on the Municipal Heritage Register. He expressed concern that
the inclusion of his property within the identified Warehouse District is contrary to the approved
4-Step listing process. He expressed further concern that the boundaries of the Warehouse
District in the CHL study are different from those seen in other maps.
Mr. Bensason responded to questions advising that the boundaries shown on the map for the
Warehouse District reflect the field work completed by the consultant for the CHL and clarified
that the expanse illustrates the factories as well as the workers’ homes in the area.
Ms. Kae Elgie, North Waterloo Branch Architectural Conservancy Ontario, addressed the
Committee in support of the findings and conclusions of the Study. She commended the
process and the completion of the Study in identifying cultural heritage landscapes and
applauded the inclusion of the Warehouse District and downtown areas which are anticipated
to ensure innovative economic development initiatives will continue. She expressed further
support for the identification of Westmount Golf Course in the Study as it will ascertain
preservation beyond the lifetime of the present owners.
Ms. Susan Mavor presented in support of the identification of the Warehouse District in the
Cultural Heritage Landscape Study. She provided detailed historical references to the
importance of the factories as historic places, stating that the Warehouse District is particularly
significant because of the establishment of the rubber factories and their economic importance
throughout Kitchener’s history. She stated that it is important to conserve this aspect of cultural
heritage for the benefit of current citizens and future generations. She noted that it was the
entrepreneurs connected to this industry that helped create the innovative and forward thinking
philosophy that has made Kitchener a leader across the country.
In response to questions, Ms. Mavor confirmed that the locations of the factories identified in
her presentation correspond with the boundaries of the Warehouse District within the CHL
Study.
On motion by Councillor F. Etherington, the recommendation within Report CSD-15-034 was
brought forward for consideration.
An amendment was brought forward by Councillor S. Davey, which was circulated to the
Committee, to confirm the intent of the CHL Study by identifying Westmount Golf and Country
Club as a significant cultural heritage landscape with the clear indication that no heritage
impact assessments, conservation plans or assessments be required for any site alterations or
applications unless for a zone change or Official Plan amendment under the Planning Act.
Members expressed concern with the amendment stating that the other 54 properties identified
in the CHL would not have the same assurances that are granted by the motion. Mr. Bensason
stated that staff supports the amendment and clarified staff’s position advising that the issues
being requested through the motion would typically be considered during Phase 2 of the Study.
PLANNING & STRATEGIC INITIATIVES COMMITTEE MINUTES
APRIL 20, 2015 -14- CITY OF KITCHENER
CSD-15-034 – CULTURAL HERITAGE LANDSCAPE STUDY (CONT’D)
2.
Carried
Councillor Davey’s amendment was then voted on and was on a recorded vote with
Councillors S. Davey, P. Singh, S. Marsh, K. Galloway-Sealock and D. Schnider voting in
favour; and, Councillors Y. Fernandes, J. Gazzola, F. Etherington and Z. Janecki voting in
opposition. Mayor B. Vrbanovic and Councillor B. Ioannidis were absent from this meeting.
Carried Unanimously
The following motion was then voted and was on a recorded vote by all
members present.
On motion by Councillor F. Etherington -
it was resolved:
“That the findings and conclusions of the Kitchener Cultural Heritage Landscape Study
(CHLS) dated December 2014, prepared by The Landplan Collaborative Ltd., including
the 55 areas identified in Appendix 4 and 6 of the CHLS as significant cultural heritage
landscapes, be approved; and,
That the Planning Division engage property owners and other stakeholders in
proceeding with Phase Two of the CHL conservation process, as outlined in Community
Services report CSD-15-034; and further,
That the City of Kitchener confirms that the intention and purpose of identifying
Westmount Golf and Country Club Limited as a significant cultural heritage landscape in
the Official Plan and listing Westmount Golf and Country Club Limited as a significant
cultural heritage landscape on the Municipal Heritage Register is to support the
conservation of Westmount Golf and Country Club Limited by preserving its status as
‘open space’ (or similar land use designation) under the Official Plan and as ‘golf
course’ (or similar zoning classification) under the Zoning By-law. Accordingly, no
heritage impact assessments, conservation plans or any other reviews or assessments
by the City of Kitchener will be required for any development or site alterations made to
any part of Westmount Golf and Country Club Limited unless, in connection with such
development or site alterations, applications are required to be submitted under the
Planning Act (Ontario) (or any successor legislation) for (i) Official Plan amendment to
change its designation of ‘open space’ (or similar land use designation ) or (ii) Zoning
By-law amendment to change its classification of ‘golf course’(or zoning classification).”
ADJOURNMENT
2.
On motion, this meeting adjourned at 8:15 p.m.
D. Livingstone
Committee Administrator