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HomeMy WebLinkAboutPSI Minutes - 2024-05-13�:T,,,,IE�I' � Planning and Strategic Initiatives Committee Minutes May 13, 2024, 7:00 p.m. Council Chambers City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 Present: Mayor B. Vrbanovic Councillor S. Davey Councillor D. Schnider Councillor J. Deneault Councillor C. Michaud Councillor A. Owodunni Councillor P. Singh Councillor B. loannidis Councillor M. Johnston Councillor D. Chapman Councillor S. Stretch Staff: D. Chapman, Chief Administrative Officer M. May, General Manager, Community Services and Deputy Chief Administrator J. Readman, General Manager, Development Services J. Lautenbach, Chief Financial Officer, Financial Services R. Bustamante, Director Planning & Housing Policy G. Stevenson, Director, Development & Housing Approvals J. Oosterveld, Manager, Customer Experience & Project Management D. Saunderson, Manager, Council & Committee Services/Deputy Clerk E. Schneider, Senior Planner J. McCallum, Coordinator, Planning & Zoning Services M. Blake, Committee Coordinator 1 1. Commencement The Planning and Strategic Initiatives Committee held a meeting this date commencing at 7:05 p.m. 2. Disclosure of Pecuniary Interest and the General Nature Thereof 2.1 Councillor P. Singh - Sign By-law General Amendments, DSD -2024-116 Councillor P. Singh declared a conflict with Sign By-law General Amendments, DSD -2024-116, specifically with the proposed amendments, which regulate signs used for real-estate, due to his employment and due to his conflict, he did not participate in any voting or discussion related to those proposed By-law changes. 3. Public Hearing Matters under the Planning Act (advertised) This is a formal public meeting to consider applications under the Planning Act. If a person or public body does not make oral or written submissions to the City of Kitchener before the proposed applications are considered, the person or public body may not be entitled to appeal the decision to the Ontario Land Tribunal and may not be added as a party to a hearing of an appeal before the Ontario Land Tribunal. 3.1 Zoning By-law Amendment Application ZBA24/006/W/ES, 115-131 Whitney Place, Hilts Auto Inc., DSD -2024-203 The Committee considered Development Services Department report DSD -2024- 203, dated April 15, 2024, recommending adoption of Zoning By-law Amendment Application ZBA24/006/W/ES, for the property municipally addressed as 115-131 Whitney Place. Eric Schneider, Senior Planner and Garett Stevenson, Director, Housing and Development Approvals, were in attendance to respond to questions from the Committee. Andrew Head, agent on behalf of the property owner, addressed Council in opposition to the staff recommendation. A. Head stated the applicant has been operating out of the existing building and applied for a building permit to install automotive lifts in the rear of the building, to be advised that the rear of the property is split zoned within a floodplain, and they were not permitted to expand the use into that portion of the building without zoning relief. A. Head stated they property owner was initially seeking a minor variance application but was advised by City staff that a minor Zoning By-law amendment would be a better approach. A. Head stated while they are supportive of the staff recommendation which would expand the automotive use into 100% of the building, they are requesting that the recommendation be amended to permit all the uses permitted in the M- 2/EMP-2 zone, rather than a site-specific zoning that would only allow the 2 expansion of the automotive use. A. Head indicated he reached out to the Grand River Conservation Authority, and he received an opinion from their planner that they would have no objection to the expansion of the M-2/EMP-2 zone being applied to the entire building, rather than the existing 80%, noting that the building is existing and nothing on the property is proposed to be changed. In response to questions, G. Stevenson advised that staff recommended proceeding with a Zoning By-law application based on the "Existing Use Policy", which notes that where a use already exists and the property owner only wishes to enable "one existing use" that they could be permitted to apply for a Zoning By-law amendment through a no -cost expedited approval, which was before Committee this date. G. Stevenson stated the expedited process, while it meets the notice requirements under the Planning Act, staff do not seek out any additional public engagement. G. Stevenston stated that the applicant has requested Committee permit all of the uses within the M-2/EMP-2 zone, that would be approximately 20 additional uses that would be permitted to operate at the subject property. G. Stevenson stated that request would be a major Zoning By-law process, and would have had a greater public engagement process, including a neighbourhood information meeting. G. Stevenson indicated staff were not in support of the request to allow for all the uses within the M-2/EMP-2 zone as requested by the applicant this date. Councillor M. Johnston brought forward a motion to approve the recommendation as outlined in Report DSD -2024-203. Councillor B. loannidis brought forward an amendment to Councillor Johnston to substitute the site specific zoning to allow the expansion of all of the uses within the M2/EMP-2 zone to be applied to the entirety of the existing building. Mayor B. Vrbanovic brought forward a further amendment to include an additional clause, as follows; "That the Proposed By-law to amend Zoning By-law 2019-051, as amended, shall have no force and effect against the subject lands until the date that By-law 2024-064 (Growing Together Secondary Plans, Non- PMTSAs) is in full force and effect.", which was voted on and was Carried. Councillor B. loannidis's amendment was voted on and was Carried. The following motion was then voted on. On motion by Councillor M. Johnston it was resolved: 3 "That Zoning By-law Amendment Application ZBA24/006/W/ES for the property municipally addressed as 115-131 Whitney Place for Hilts Auto Inc. requesting to amend Zoning By-law 85-1, for the purpose of changing the zoning of a portion of the subject property from Existing Use Zone (E- 1) to Existing Use Zone (E-1) with special use provision 488U, proposed as attached to Development Services Department report DSD -2024-203, specified and illustrated as the "Subject Area' on Map No. 1, be amended to permit all uses permitted in the M-2 General Industrial zone, as outlined in section 20.1 of Zoning By-law 85-1, as outlined in Report DSD -2024- 203 as Attachment `A1'; and, That Zoning By-law Amendment Application ZBA24/006/W/ES for the property municipally addressed as 115-131 Whitney Place for Hilts Auto Inc., for the purpose of changing the zoning of a portion of the subject property from Existing Use Floodplain Zone (EUF-1) to Existing Use Floodplain Zone (EUF-1) with Site Specific Provision 394, proposed as attached to Development Services Department report DSD -2024-203, specified and illustrated as the `Subject Area' on Map No. 2, be amended to permit all uses permitted in the EMP -2 General Industrial Employment zone, as outlined in Table 10-1 of Zoning By-law 2019-051 be approved, as amended, in the form shown in the "Proposed By-law" attached to the Report DSD -2024-203 as Attachment `A2'; and, That the Proposed By-law to amend Zoning By-law 2019-051, as amended, shall have no force and effect against the subject lands until the date that By-law 2024-064 (Growing Together Secondary Plans, Non- PMTSAs) is in full force and effect; and further, That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, further notice is not required to be given in respect to Zoning By-law Amendment ZBA24/006/W/ES." Carried, as amended 4. Consent Items 4.1 Ontario Clean Water Act - Region of Waterloo's Update to Source Protection Plan, DSD -2024-205 The Committee considered Development Services Department report DSD -2024- 205, dated April 23, 2024, recommending support for the proposed technical amendments to the Grand River Source Protection Plan that apply to the City of Kitchener. M On motion by Councillor S. Davey it was resolved: "That the proposed technical amendments to the Grand River Source Protection Plan that apply within the City of Kitchener, as outlined in Development Services Department report DSD -2024-205, be supported." Carried 5. Discussion Items 5.1 Sign By-law General Amendments, DSD -2024-116 Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared a conflict with Sign By-law General Amendments, DSD -2024-116, specifically with the proposed amendments, which regulate signs used for real-estate, due to his employment and due to his conflict, he did not participate in any voting or discussion related to those proposed By-law changes.) Due to Councillor P. Singh's previously declared conflict, Councillor D. Chapman assumed the Chair. The Committee considered Development Services Department report DSD -2024- 116, dated April 15, 2024, recommending specific sections of the existing Sign By-law number 2011 099 be repealed and replaced; and, that the updated regulations of the Sign By-law be incorporated into The City of Kitchener Municipal Code. Joanne McCallum, Coordinator Planning & Zoning Services presented the report and responded to questions from the Committee. Janine Oosterveld, Manager Customer Experience & Project Management and Rosa Bustamante, Director Planning & Housing Policy were also in attendance. Due to the previously declared conflict by Councillor P. Singh, the proposed changes in the draft by-law regulating real estate signs were voted on separately and were Carried. The balance of the proposed amendments outlined in the proposed By-law were then voted on and were Carried. On motion by Councillor M. Johnston it was resolved: l "That the proposed by-law attached as Attachment 'A' to Development Services Department report DSD -2024-116, to repeal and replace specific sections of the existing Sign By-law number 2011-099, be adopted; and further, That the updated regulations of the Sign By-law be incorporated into The City of Kitchener Municipal Code." 6. Information Items 7. Adjournment On motion, this meeting adjourned at 7:31 p.m. Dianna Saunderson Manager, Council and Committee Services/Deputy Clerk Carried n.