HomeMy WebLinkAboutCSD-16-052 - Region of Waterloo's Draft Decision on Further Modifications to New Official Plan
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: August 8, 2016
SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 x7319
PREPARED BY: Tina Malone-Wright, Senior Planner, 519-741-2200 x7765
Brandon Sloan, Manager Long Range and Policy
Planning, 519-741-2200 x7648
WARD(S) INVOLVED: All Wards
DATE OF REPORT: July 11, 2016
REPORT NO.: CSD-16-052
SUBJECT:
FURTHER APPROVAL OF AMENDMENT NO. 103
RESOLUTION OF DEFERRALS NOs. 1-7 AND 10
NEW OFFICIAL PLAN
___________________________________________________________________
RECOMMENDATION:
THAT the Decision dated May 31, 2016 regarding the
further approval of Amendment No. 103 to the City of Kitchener Official Plan to
resolve Deferral Nos. 1-7 and 10 under Section 17 (34) of the Planning Act,
-16-052 be endorsed; and
THAT the Region of Waterloo be requested to provide further approval of
Amendment No. 103 to the City of Kitchener Official Plan in order to resolve
Deferral Nos. 1-7 and 10; and further
THAT the City Clerk provide the Region of Waterloo with the Council resolution
on the Draft Decision regarding the further approval of Amendment No. 103 to the
City of Kitchener Official Plan to resolve Deferral Nos. 1-7 and 10 under Section
17 (34) of the Planning Act
BACKGROUND:
Through reports CSD-14-031 and CSD-14-071, Council considered and adopted a new
Official Plan. At that time, the Region of Waterloo Official Plan (ROP) was still under
appeal and in an Ontario Municipal Board (OMB) process. As a result, several policies
and mapping components that were under appeal at the regional-level were officially
the local level plans (as considered and endorsed by Council via report
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CSD-096 and as indicated in the Region of Waterloo approval of our Official Plan in
November 2014).
The appeals to the ROP have now almost entirely been resolved, the Region has
undertaken a process to work with the local area municipalities regarding the Deferrals,
and the Region is proceeding with resolving the Deferrals via a further approval of the
modification to our Official Plan. Prior to issuing a further approval, Regional staff has
provided a Draft Decision for the City to review and comment. This report provides an
overview and recommended direction regarding the Draft Decision.
REPORT:
Deferrals
official Deferrals
under Section 17(34) of the Planning Act. These Deferrals generally include:
Deferrals No. 1 and No. 2 Population and Employment Forecasts
Deferrals No. 3 and No. 4 Residential Intensification Target
Deferral No. 5 Protected Countryside and Countryside Line
Deferral No. 6 Designated Greenfield Area
Deferral No. 7 Aggregates
Deferral No. 8 321-325 Courtland Avenue (Maple Leaf Foods)
Deferral No. 9 Kellner/Cutajar property (Ottawa Street South)
Deferral No. 10 Regional Recharge Area designation (southwest Kitchener)
The main purpose for deferring parts of th
these associated policies and mapping components were related to ROP policies and
mapping that, at the time, were under appeal at the OMB.
Since a settlement was reached on the vast majority of the ROP appeals, the Region is
now undertaking a process to resolve the related Deferrals within the local Official Plans
(including Kitchener, Waterloo and Cambridge). Part of that process includes an
allocation of growth-related targets, such as the annual intensification level requirement
and the designated greenfield area density target, to each of the seven local area
municipalities so that the agreed upon regional-level policies and targets can be
achieved.
Regional staff has now provided a Draft Decision, dated May 31, 2016, that proposes
modified wording of policies and mapping regarding Deferral Nos 1-7, and 10. The
decision would be a further approval to the amendment
Official Plan in 2014 (currently under appeal).The Draft Decision is attached to this
.Deferral No. 8 is not included within the Draft Decision as it is
about aspects of aggregate resource policies that remain unresolved at the regional
level. Deferral No. 9 is not included at this time as the site specific matters have not
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been fully resolved; however, staff and the owner of the site are actively working
towards completion of matters that may yield a resolve the Deferral by the time the
Region issues the Final Decision.
Comments on the Deferrals
Planning staff has reviewed the Regional Draft Decision on the Deferrals and is of the
opinion that the modifications proposed by the Region to resolve the Deferrals are
acceptable and are generally consistent with the direction in the Council adopted Official
Plan. The wording and mapping appears to OP
appeals regarding population and employment allocations, intensification level and
greenfield density targets, source water protection policies, mapping, lands in southwest
Kitchener, and other details.
Next Steps
The resolution of Council regarding the Draft Decision on the Deferrals will be forwarded
to the Region for their consideration in a report to Regional Council that is expected in
October. The Region would then issue a Notice of Final Decision.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Strategy 3.3 - Manage growth, curb urban sprawl, and foster more mixed-use
development, ensuring new development is integrated with the diversity and character
of the surrounding community.
FINANCIAL IMPLICATIONS:
None.
COMMUNITY ENGAGEMENT:
INFORM Staff report CSD-16-052 and the Regional Draft Decision have been posted
ACKNOWLEDGED BY:
Michael May, Deputy CAO (Community Services)
Attachments:
Appendix A Regional Draft Decision on Deferrals Nos. 1-7 and 10, dated May 31, 2016.
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Draft Decision
Further approval of Amendment No. 103 to the
City of Kitchener Official Plan (1994)
Resolution of Deferral Nos. 1 to 7 and 10
Section 17(34) of the Planning Act
May 31, 2016
The Region of Waterloo, in accordance with Sections 17 and 21 of the Planning Act,
R.S.O. 1990, Chapter p. 13, as amended, hereby further approves those portions of
Amendment No. 103 to the City of Kitchener Official Plan (1994), identified as Deferral
Nos. 1 to 6, Deferral No. 7, save and except for Policy 9.C.1.7 for which no decision is
being made at this time, and Deferral No. 10 in the
approval dated November 19, 2014, subject to the modifications shown below. To
modifications listed in this Decision begin with Modification No. 80.
This Decision constitutes additions and deletions to the text and mapping of Official
Plan Amendment No. 103. Additions are shown in red font (example), and deletions
are illustrated in single strikethrough (example).
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PART A: Modifications to OPA No. 103
1. Modification No. 80
On page 2-2, Deferral No. 2 is resolved by modifying Table 1 (City Population and
Employment Forecasts) as follows:
Table 1: City Population and Employment Forecasts
20062031
Population (Residents)214,500*Pending
319,500
Employment (Jobs)99,380*Pending
132,500
*
The population and employment forecasts to 2029 are provided in the Regional
Official Plan as approved by the Province on December 22, 2010. The allocated
population is 313,000 and the employment is 130,000. The population and
employment allocations to 2031 to address compliance with the Provincial Growth
Plan and the Regional Official Plan will be added to this Plan following approval of
the Regional Official Plan by the Ontario Municipal Board.
1.-based population plus 4% under
temporarily reside in the City (either in student residences or other
accommodation) to study at post-secondary institutions.
2.All population and employment numbers in this table represent mid-year figures.
3.The above figures are intended to be forecasts. The amount or timing of
development of lands within the Urban Area boundary is not to be restricted on
the basis that the forecasts in Table 1 could be exceeded. This statement is not
intended to restrict or otherwise prevent the City from implementing
staging/phasing policies for purposes unrelated to the forecasts in Table 1,
consistent with this Official Plan and the policies contained herein.
2. Modification No. 81
Starting on page 3-3, Deferral No. 3 is resolved by modifying Policies 3.C.1.5 and
3.C.1.6 as follows:
3.C.1.5 New residential development occurring within the Built-Up Area (inside
the Built Boundary) will be counted towards the achievement of aregion-
wide residential intensification target of 45 percent annually. the
minimum annual residential intensification target of 45 percent. This
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target applies to the Region of Waterloo as a whole and will be measured
by the Region on average across the entire Built-Up Area designated in
the Regional Official Plan.
3.C.1.6. The City will require that new residential development constructed within
the Built-Up Area will be in accordance with the following minimum
residential intensification targets in Table 2 below.contribute to achieving
the minimum annual residential intensification target by planning
to ensure that a minimum of 50 percent of all residential development
occurring in Kitchener over the planning horizon of this Plan will be
constructed within the Built-Up Area. This target will be implemented
incrementally as outlined in Table 2 below.
For the purposes of implementing Policy 3.C.1.9,and to account for the
variation that may occur in the percentage of residential units constructed
annually -Up Area, the City will consider the
achievement of the residential intensification targets shown in Table 2
using the methodology outlined in Policy 3.C.1.8.
3. Modification No. 82
On page 3-4, Deferral No. 4 is resolved by deleting Table 2: Minimum Residential
Intensification Targets and replacing it with the following new Table 2.
Table 2: Minimum Annual Residential Intensification Targets
Time Period*Targets
2006 201140%
2011 201645%
2016 202150%
2021 202655%
2026 203160%
th
* Calendar year runs from June 16 of the first calendar year to June
th
15 on the last calendar year.
4. Modification No. 83
Starting on page 3-5, Deferral No. 5 is resolved by:
a) modifying the portion of Map 1 (City Urban Area and Countryside) identified as
Deferral No. 5 to Southwest Kitchener Policy Area,to identify a
3.C.1.22 and to revise the boundaries
ban Area in
conformity with the new Regional Official Plan as modified and approved by the
Ontario Municipal Board on June 18, 2015 (Case No. 110080), as illustrated on the
attached Figure 1.
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b) renumbering existing Policies 3.C.1.18 to 3.C.1.20 as Policies 3.C.19 to 3.C.1.21;
c) modifying renumbered Policy 3.C.1.19 as follows:
3.C.1.19. The Countryside Line is designated in the Regional Official Plan and is
shown on Map 1. The Countryside Line represents the long-term
boundary between the City Urban Area and the countryside. Lands
beyond the Countryside Line will not be required to accommodate any
projected growth in population or employment within the planning horizon
of this Plan.Although the lands located between the Countryside Line
and the City current Urban Area boundary are not required to
accommodate any forecasted growth in population or employment within
the planning horizon of this Plan, any future expansions of the City
Urban Area will only be permitted onto lands within the Countryside Line in
accordance with the policies of the Regional Official Plan.
d) modifying renumbered Policy 3.C.1.20 as follows:
3.C.1.20. Lands outside the City Urban Area beyond the Countryside Line may be
further designated as Protected Countryside in the Regional Official Plan.
In this instance, the Countryside Line is considered to be a permanent
boundary.The Protected Countryside is designated in the Regional
Official Plan and is shown on Map 1. This designation identifies a broad
band of environmental features, groundwater recharge areas and
productive agricultural lands that are intended to be permanently protected
from future urban development. Where the Countryside Line coincides
with the Protected Countryside designation, the Countryside Line will be
considered a permanent boundary. Land within the Protected Countryside
will be designated as Prime Agriculture or Rural.
e) deleting renumbered Policy 3.C.1.21 and replacing it with the following new policy:
3.C.1.21 Land within the Protected Countryside will be designated Prime
Agricultural or Rural.
Notwithstanding Policies 3.C.1.19 and 3.C.1.20, within the Southwest
Kitchener Policy Area shown on Map 1, the final location of the
Countryside Line and the Protected Countryside has yet to be determined
in the Regional Official Plan. The final location of the Countryside Line and
the Protected Countryside Line as it applies to the lands within the
Southwest Kitchener Policy Area will be determined through the next
municipal comprehensive review of the Regional Official Plan to be
undertaken by the Region not later than 2019. The final location of the
Countryside Line and the Protected Countryside as it applies to the
Southwest Kitchener Policy Area will be implemented through a future
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amendment to this Plan. Until such time as the final location of the
Countryside Line and Protected Countryside in southwest Kitchener has
been determined, all lands within the Southwest Kitchener Policy Area will
be considered as developable for the purpose of infrastructure planning,
including any infrastructure master plan updates undertaken by the City or
the Region.
f) adding a new Policy 3.C.1.22 as follows:
3.C.1.22 Notwithstanding Policy3.C.1.20,the lands identified as Policy Area
3.C.1.22 on Map 1 may be used for the development of a municipal park
(active or passive), athletic/community centre and associated facilities.
The City will determine the extent of the municipal park use through the
preparation of a master plan for the lands.
5. Modification No. 84
On page 3-4, Deferral No. 6 is resolved by:
a) modifying Policy 3.C.1.14 as follows:
3.C.1.14. Development occurring in the Designated Greenfield Area, as shown on
Map 1, will be planned and developed to achieve a region-wide density
target over the entire Designated Greenfield Area as follows:
The City will contribute to achieving the Region
density target of 50 residents and jobs combined per hectare for the
entire Designated Greenfield Area shown in the Regional Official Plan, by
developed to achieve the following density targets:
a) areas serving primarily a residential function will meet or exceed a
minimum, average density of 55 residents and jobs combined per
hectare on landssubject to a development application submitted after
June 16, 2006 and not approved as of [insert date of approval of this
plan].not subject to a plan of subdivision application as of June 16,
2006; and
b) areas serving primarily an employment function will meet or exceed a
minimum, average density of 40 residents and jobs combined per
hectare.on lands subject to a development application submitted
after June 16, 2006 and not approved as [insert date of approval of
this plan].
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b) adding a new Policy 3.C.1.18 a) and b) as follows:
3.C.1.18Further to Policy 3.C.1.14,the following provisions will applyto the lands
noted below in :
a) for those lands added to
the Ontario Municipal Board as part of the final approval of the
Regional Official Plan (Case No. PL110080), save and except for
those lands immediately to the west of Gehl Place to which this policy
does not apply,development applications will be considered as
premature for processing prior to June 30, 2019 in order to facilitate
the initiation of one or more comprehensive planning exercises for
such lands. Comprehensive planning will be required for all such
lands, and the City shall not initiate or adopt any background studies
(save and except for subwatershed studies) or amendments to this
Plan to establish land use designations for such lands prior to June 30,
2019. The comprehensive planning exercises will commence in late
2019 and will take approximately 30 months to complete. The
comprehensive planning of such lands will be in priority to
comprehensive planning for any lands subsequently brought into the
City Urban Area, and development applications for lands
subsequently brought into the CityUrban Area will be considered as
premature for processing until the comprehensive planning is complete
for the lands added to the
the Ontario Municipal Board as noted above; and
b) notwithstanding Policy 3.C.1.18 a) above, for the two hectaresof land
located on the southwest corner of Huron Road and Fischer-Hallman
Road added to
Municipal Board through the final approval of the Regional Official Plan
(Case No. PL110080),development applicationswill be considered as
premature for processing prior to January 1, 2020, and the City shall
not initiate or adopt any amendments to this Plan to establish land use
designations for such lands prior to January 1, 2020.
6. Modification No. 85
On page 9-1, Deferral No. 7 is resolved, in part, by adding new Objective 9.1.5
immediately after Objective 9.1.4 as follows:
9.1.5 To ensure the availability of mineral aggregate resources as close to
market as possible.
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7. Modification No. 86
On page 9-2, Deferral No. 7 is resolved, in part, by modifying Policy 9.C.1.4 as follows:
9.C.1.4. Existing licensed mineral aggregate operations will be recognized as a legal
use of land and will be permitted to continue without the need for an Official
Plan Amendment or a Zoning By-law Amendment. Existing licensed
Zoning By-law to permit
aggregate extraction
8. Modification No. 87
On page 9-2, Deferral No. 7 is resolved, in part, by modifying Policy 9.C.1.11 as follows:
9.C.1.11. Any proposed development identified in Policy 9.C.1.10 will be required to
minimize the amount of land in order to retain as much of the mineral
aggregate resource potential as possible. Where feasible, any on-site
mineral aggregate resources shouldbe extracted prior to development
occurring
9. Modification No. 88
On page 9-2, Deferral No. 7 is resolved, in part, by modifying Policy 9.C.1.12 as follows:
Where mineral aggregate extraction is permitted by way of site-specific
Zoning By-law Amendment, the City will also permit accessory uses that are
directly associated with the mineral aggregate operation provided it is
demonstrated to the satisfaction of the City and the Region that the
proposed use will mitigate any potential adverse effects., such as crushing,
screening, washing, stockpiling, blending with recycled asphalt or concrete
materials, storage, weigh scales,and parking and office facilities.
10. Modification No. 89
On page 9-3, Deferral No. 7 is resolved, in part, by modifying Policy 9.C.1.16 as
follows:
Where a situation warrants, the City will request the Province to impose a
condition of the license which has the effect of limiting the duration of
extraction applicant to voluntarily set and meet timelines for the operation,
final extraction and rehabilitation of the proposed mineral aggregate
operation in a timely manner. This may be considered desirable in order to
minimize the impact on the surrounding environment depending on such
factors as location of site relative to a settlement area sensitive land use,
scale and type of deposit, desirability of stockpiling and anticipated time of
development on or near the site. Where feasible, it is encouraged that any
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mineral aggregate resources be extracted prior to development or used in
the development of the area.
11. Modification No. 90
On page 9-4, Deferral No. 7 is resolved, in part, by modifying Policy 9.C.1.20 as
follows:
9.C.1.20 Portable asphalt plants and portable concrete plants will be discouraged
on lands containing active agricultural operations. If asphalt or concrete
for a public road project cannot be obtained from an existing asphalt or
concrete plant, attempts should be made to locate the portable plant in
wayside pits andquarries, vacant industrial sites, or on inactive or less
productive agricultural lands.
12. Modification No. 91
On page 9-4, Deferral No. 7 is resolved, in part, by renumbering existing Policy
9.C.1.21 as Policy 9.C.1.22 and by adding a new Policy 9.C.1.21 as follows:
9.C.1.21Portable asphalt plants and portable concrete plants will obtain
appropriate approvals pursuant to the Environmental Protection Act and
will include provisions to prevent spills of petroleum chemicals to surface
and groundwater resources.
13. Modification No. 92
On page 9-4, Deferral No. 7 is resolved, in part, by adding anew subheading and
Policy 9.C.1.23 immediately after renumbered Policy 9.C.1.22 as follows:
Conservation of Mineral Aggregate Resources
9.C.1.23 The City will ensure that mineral aggregate resource conservation will be
undertaken, including through the use of aggregate recycling facilities
14. Modification No. 93
On page A-14,Deferral No. 7 is resolved, in part, by modifying Schedule A (Glossary
of Terms) mineral aggregate resource
conservation
Mineral Aggregate Resource Conservation
: means
a) the recovery and recycling of manufactured materials derived from mineral
aggregates (e.g. glass, porcelain, brick, concrete, asphalt, slag, etc.), for re-use in
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construction, manufacturing, industrial or maintenance projects as a substitute for
new mineral aggregates; and
b) the wise use of mineral aggregates including utilization or extraction of on-site
mineral aggregate resources prior to development
15. Modification No. 94
In accordance with the new Regional Official Plan as modified and approved by the
Ontario Municipal Board on June 18, 2015 (Case No. PL110080), and as illustrated on
the attached Figure 2, Deferral No. 10 is resolved by modifying the portion of Map 8
(Source Water Protection Areas) identified as Deferral No. 10 to:
a) add the Southwest Kitchener Policy Area;
b) revise the boundaries of the Regional Recharge Area designation; and
c) add the following note to the map:
Within the Southwest Kitchener Policy Area shown on this map,the finalextent
of the Regional Recharge Area has yet to be determinedin the Regional Official
Plan. Studies completed to date have demonstrated that the portions of lands
within the Southwest Kitchener Policy Area also contained within the study area
boundary ofthe Blair Creek Functional Drainage Study are not Regional
Recharge Area and therefore will not be subject to the Regional Recharge Area
designation. However, the exact boundary of the Regional Recharge Area
designation within the Cedar Creek Subwatershedhas yet to be finalized. The
final extent of the Regional Recharge Area within the Cedar Creek Subwatershed
will be determined through the next municipal comprehensive reviewprocess of
the Regional Official Plan to be undertaken by the Region not later than 2019.
The final location of the Regional Recharge Area as it applies to the Southwest
Kitchener Policy Area will be implemented by future amendment to this Plan. The
current Regional Recharge Area designation adjacent to the Southwest
Kitchener PolicyArea as shown on this map will be considered as the minimum
extent of the designation for the purposes of this future review process.
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