HomeMy WebLinkAboutDSD-2025-217 - Supplemental Report to DSD-2025-083 - Growing Together EastStaff Report
J
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: May 5, 2025
SUBMITTED BY: Rosa Bustamante, Director, Planning and Housing Policy/City
Planner, 519-783-8929
PREPARED BY: Adam Clark, Senior Urban Designer, 519-783-8931
Elyssa Pompa, Policy Planner, 519-783-8943
Natalie Goss, Manager, Policy & Research, 519-783-8933
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: April 30, 2025
REPORT NO.: DSD -2025-217
SUBJECT: Supplemental Report to DSD -2025-083 - Growing Together East
RECOMMENDATION:
That City Initiated Zoning By-law Amendment Application ZBA24/020/COK/MR to
amend Zoning By-law 2019-051 for lands within 3 of the City's Protected Major Transit
Station Areas be approved in the form shown in the "Proposed By-law" attached to
Report DSD -2025-083 presented to Planning and Strategic Initiatives Committee on
April 14, 2025 and as modified as outlined in report DSD -2025-217.
Pursuant to Section 35(17) of the Planning Act, R.S.O. C P.13, as amended further
notice is not required to be given in respect to the City initiated Zoning By-law
amendment.
REPORT HIGHLIGHTS:
• The purpose of this report is to outline a staff recommended modification to the City
initiated Zoning By-law Amendment Application ZBA24/020/COK/MR to amend Zoning
By-law 2019-051 for lands within the Block Line, Fairway, and Sportsworld Protected
Major Transit Station Areas in response to the written submission provided by the
Region of Waterloo at the statutory public meeting on this matter on April 14, 2025.
• There are no financial implications associated with this recommendation.
• This report supports Building a Connected City Together: Focuses on
neighbourhoods; housing and ensuring secure, affordable homes; getting
around easily, sustainably and safely to the places and spaces that matter.
BACKGROUND:
At the Planning and Strategic Initiatives Committee (PSIC) meeting on April 14, 2025 a
statutory public meeting was held to provide an opportunity for written and oral submissions
to be made with respect to the proposed Official Plan and Zoning By-law amendments within
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 29 of 177
Growing Together East (i.e., the Block Line, Fairway, and Sportsworld Protected Major
Transit Station Areas (PMTSAs)). As part of the statutory public meeting, the Region of
Waterloo (Region) made a written submission (Attachment A) reiterating their request for
modifications to the proposed Official Plan amendment and Zoning By-law amendment for
the PMTSAs on matters related to maximum heights and compatibility with the Waterloo
Region International Airport; and requirements for a transit assessment. This report provides
staff's response and recommendations related to this submission.
REPORT:
Region of Waterloo International Airport
Through their April 14, 2025 written submission, Regional staff reiterated their request that
maximum heights be included as specific regulations in the SGA -4 zone and that maximum
heights in the zoning by-law include temporary structures such as construction cranes.
Further, the Region highlighted that as the Region of Waterloo International Airport has
advanced work on an updated Airport Zoning Regulation (AZR) subject to Federal approval,
refinements to maximum heights within the Block Line, Fairway, and Sportsworld PMTSAs
have been proposed. Through subsequent conversations between City and Regional staff
following the April 14th, 2025 statutory public meeting, it is understood that these refinements
propose maximum heights in portions of the 3 Growing Together East PMTSAs that may
result in buildings and temporary structures being restricted to heights that are lower than
the SGA -3 zone maximum permitted height of 28 storeys.
Planning staff continue to recommend the use of a holding provision to establish maximum
heights and require the submission of an NAV Canada Land Use Assessment or
aeronautical assessment as part of any application that is seeking increases beyond the
maximum height permitted through the draft AZR. The use of this holding provision will be
in place during the interim period while work is underway on new Airport Zoning Regulations.
Planning staff are of the opinion that a holding provision continues to be the most effective
and efficient Planning Act tool that ensures land use compatibility and provides protection
against any potential aviation safety hazards impacting on the long-term operation and
economic role of the Region of Waterloo International Airport while at the same time
ensuring an efficient, cost-effective development approvals process.
In light of the clarity provided regarding the proposed height maximums in the proposed AZR
as outlined in the Region's April 14, 2025 written submission and subsequent conversation
regarding the same, planning staff are recommending that Council modify the proposed
Growing Together East PMTSA Zoning By-law amendment attached as Attachment B to
report DSD -2025-083 presented at the April 14th PSIC meeting as follows:
• that proposed holding provision 111 H be applied to all properties proposed to be
zoned SGA -3 within the Block Line, Fairway, and Sportsworld PMTSAs; and,
• that the wording of proposed holding provision 111 H be modified as follows:
"111 H. Within the lands zoned SGA -3 and SGA -4 and shown as affected by
this provision on Zoning Grid Schedules 145, 146, 147, 169, 170, 171, 172,
196, 197, 198, 218, 219, 220, 278, 279, 288, 289, 290, 295, and 296 of
Appendix A, buildings and structures, including temporary structures within
Page 30 of 177
the following Protected Major Transit Station Areas as shown on Appendix
F, shall not exceed the following maximum heights:
a) Block Line: 120.0 metres
b) Fairway: 92.4 metres
c) Sportsworld: 110.0 metres
Until such time as:
a) A detailed NAV Canada Land Use Assessment or Aeronautical
Assessment prepared by a qualified consultant to the satisfaction of NAV
Canada, in consultation with the Region, and the holding symbol affecting
these lands has been removed by by-law. The recommendations and/or
conditions including maximum permitted building and structure height,
will be secured through a development agreement in accordance with
section 41 of the Planning Act, R. S. O. 1990, c. P. 13, as amended, and
registered on the title to the lands; or
b) The Region has completed the Region of Waterloo International Airport
Master Plan update in progress at the time of the application of this
holding provision and any necessary updates to the Federal Airport
Zoning Regulations have been completed, and the holding symbol
affecting these lands has been removed by by-law."
For the reasons outlined in Attachment D to report DSD -2025-083, the above modification
to proposed Growing Together East PMTSA Zoning By-law amendment is consistent with
the Provincial policies and plans, is consistent with the Regional Official Plan, as amended,
is consistent with Kitchener's Official Plan, including the proposed Growing Together East
Official Plan amendment, and represents good planning.
Transit Assessment
Through their April 14, 2025 written submission, Regional staff reiterated their request for
the inclusion of a holding provision that would require a transit assessment for properties
within 40 metres of Stage 1 and Stage 2 ION. A transit assessment is being sought as a
way to assess and ensure that transit (i.e., Grand River Transit and ION light rail transit)
infrastructure and operations are coordinated with development. Despite the additional
information provided on this matter through the Region's April 14th written submission on
Growing Together East and subsequent conversations between Regional and City staff,
planning staff continue to have questions about the scope of a transit assessment; how it
differs from a traffic impact study that is a normal study requirement for a complete
development application; how a qualified professional on behalf of an applicant would be
able to assess impacts on transit operation delays and required improvements to transit
infrastructure; and how any recommended mitigation measures could be appropriately
secured through a development approvals process.
Given these outstanding questions, planning staff continue to have reservations
recommending a holding provision for a transit assessment. Further, introducing a holding
provision for the Growing Together East PMTSAs will introduce inconsistency in the zoning
framework within the PMTSAs as the same holding provisions were not requested or
implemented through Growing Together West. Despite this, a policy has been included in
the recommended Official Plan amendment, with modifications as requested by the Region,
to protect for transit infrastructure (proposed Official Plan policy 15.D.12.81). This policy is
Page 31 of 177
specific to the Growing Together East PMTSAs and builds on Regional Official Plan policy
5.A.3.
Adding a holding provision where the intent and mechanism to satisfy it is unclear adds
unnecessary time, costs, and risks to the development process. The City, Region, and
property owners have worked together successfully through the development approvals
process without a hold for a transit assessment on a number of applications to secure transit
infrastructure including Highland Hills mall, The Boardwalk, and Sportsworld. There
continues to be the opportunity to utilize the development approvals process to work with
property owners to secure transit and other infrastructure. Kitchener has seen
unprecedented growth in its PMTSAs over the past ten years and has secured required
transit infrastructure through the development approvals process for many sites without a
transit assessment holding provision. The City's Official Plan contains transit -oriented
policies and the City's Zoning By-law has several regulations requiring a transit supportive
built form, including direction on building placement and site design.
STRATEGIC PLAN ALIGNMENT:
This report supports Building a Connected City Together: Focuses on
neighbourhoods; housing and ensuring secure, affordable homes; getting around
easily, sustainably and safely to the places and spaces that matter.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
Community and collaborator engagement for Growing Together East was outlined in report
DSD -2025-083.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act, R.S.O. 1990, c. P.13
• Provincial Planning Statement, 2024
• Regional Official Plan
• City of Kitchener Official Plan, 2014
• City of Kitchener Zoning By-law 2019-051
• Growing Together East — Protected Major Transit Station Area Land Use and
Zoning Framework (DSD -2025-083)
• Growing Together East (Major Transit Station Area Land Use and Zoning
Framework) — Project Launch (DSD -2024-237)
• Growing Together — Protected Major Transit Station Area Land Use and Zoning
Framework (DSD -2024-005 and DSD -2024-128)
APPROVED BY: Justin Readman, General Manager, Development Services
ATTACHMENTS:
Attachment A — Region of Waterloo written submission on Growing Together East
dated April 14, 2025
Page 32 of 177
April 14, 2025
Amanda Fusco
City Clerk
City of Kitchener
amanda.fusco@kitchener.ca
Dan Chapman
Chief Administrative Officer
City of Kitchener
dan.chapman@kitchener.ca
Region of Waterloo
150 Frederick Street, Kitchener
Ontario N2G 4B Canada
Telephone: 519-575-4400
Fax: 519-575-4449
www.regionofwaterloo.ca
Subject: Growing Together East — Land Use and Zoning Framework — DSD -2025-083
The Region of Waterloo and the City of Kitchener share the important goals of building more
homes, creating safe and connected communities, and protecting long-term economic
prosperity.
As the City of Kitchener advances the Growing Together East — Land Use and Zoning
Framework, Regional staff continue to support directing growth and intensification toward the
Urban Growth Centre (UGC) and Major Transit Station Areas (MTSAs). However, we are writing
to express continued and significant concerns with elements of the proposed zoning by-law
amendment, as outlined in Appendix B of Report DSD -2025-083. These concerns relate
specifically to the ongoing and future operations of two critical Regional assets: the Region of
Waterloo International Airport (YKF) and Grand River Transit (GRT).
Region of Waterloo International Airport (YKF)
As the owner and operator of YKF, the Region emphasizes that aviation safety and long-term
viability of the airport are paramount. Regional staff have previously raised concerns regarding
the lack of height restrictions to ensure aircraft flight path reliability, passenger safety, and the
airport's continued contribution to the region's economic development. Unfortunately, these
recommendations have not been reflected in the latest draft of the zoning by-law.
Implementing appropriate height limits is essential to preserving safe flight operations. YKF
plays a vital economic role in our community. In 2023 alone, the airport generated $390 million
in total economic output, supported 1,360 jobs, $100 million in wages, and $28 million in tax
revenue. The airport is a strategic economic driver for both local and international connectivity,
and it has been clearly demonstrated that intensification and flight path protection can co -exist
with appropriate provisions in the planning framework.
Page 1 of 10
Page 33 of 177
Grand River Transit (GRT) and ION Light Rail Transit
As the operator of GRT, the Region is also concerned about the planning and integration of the
three existing MTSAs affected by the Growing Together East framework—Block Line, Fairway,
and Sportsworld. Coordinating transit considerations with development in these areas is critical
to the success of the ION light rail expansion (Stage 1 and Stage 2) and conventional bus service
integration.
Regional staff have recommended the inclusion of a holding provision to ensure development
around these MTSAs proceeds in alignment with transit planning. Unfortunately, this
recommendation has not been incorporated. A proactive approach to transit -oriented
development is essential, especially as we prepare for Stage 2 of ION, which is foundational to
our region's future growth and sustainability.
Stage 1 of ION has already demonstrated the value of thoughtful, integrated planning, spurring
nearly $5 billion in development along the corridor and expanding housing options. With over
24 million transit trips delivered in 2024, ensuring seamless integration of Stage 2 and future
transit growth is more important than ever.
Summary of Requested Changes
To support continued collaboration and ensure the viability of these critical services, the Region
respectfully requests the following revisions be made prior to approval of the proposed zoning
by-law amendment:
1. Remove Holding Provision 111 and instead include maximum building heights as part of
the zoning category for lands zoned SGA -4, as previously requested.
2. Include temporary cranes and structures within the defined maximum height for lands
zoned SGA -3 in the Fairway Road Station Area.
3. Add a holding provision on all properties within 40 metres of the Stage 1 and Stage 2
ION alignment, requiring a Transit Assessment to the satisfaction of the Region of
Waterloo's Commissioner of Transportation Services.
We also reiterate our request to receive any Notice of Decision related to both the Official Plan
Amendment and the Zoning By-law Amendment.
We remain committed to working collaboratively with the City to build a vibrant, connected
community that supports both regional transit and aviation operations and are confident that
the Growing Together East framework can achieve its intensification goals while protecting the
critical infrastructure our community and economy depend on. More detailed comments are
provided in Appendix A and B, attached to this letter.
Would you please ensure that this letter is placed before the Mayor and City Councillors for
their consideration during discussion of this matter.
Page 2 of 10
Page 34 of 177
Thank you for your consideration.
Yours sincerely,
Mathieu Goetzke
Acting Chief Administrative Officer
Appendix A: Growing Together East — Land Use and Zoning Framework — DSD -2025-083
Appendix B: Letter Regarding Protected Major Transit Station Area Land Use and Zoning
Framework — Implications for Aircraft Safety and Region of Waterloo International Airport
dated March 15, 2024
cc:
Justin Readman, City of Kitchener, General Manager, Development Services
Rosa Bustamante, City of Kitchener, Director, Planning and Housing Policy
Garett Stevenson, City of Kitchener, Director, Development and Housing Approvals
Rod Regier, Region of Waterloo, Commissioner, Planning, Development and Legislative Services
Danielle De Fields, Region of Waterloo, Director, Regional Growth, Development and
Sustainability Services
Amanda Kutler, Associate Director, Development Services, Planning, Development and
Legislative Services
Page 3 of 10
Page 35 of 177
Appendix A:
Subject: Growing Together East — Land Use and Zoning Framework — DSD -2025-083
The Region continues to support the City's Growing Together work and shares common goals
with respect to directing growth and intensification to the Urban Growth Centre (UGC) and
Major Transit Station Areas (MTSAs). However, as owner and operator of the Region of
Waterloo International Airport (YI<F) and Grand River Transit (GRT) we are writing to express
concerns with specific aspects of the proposed zoning by-law amendment included as Appendix
B of Report DSD -2025-083 as it relates to these responsibilities. Protection of GRT and YKF
services is critical to support the objectives of Growing Together East. Not incorporating the
Region's comments as requested in the amendment has the potential to undermine the City's
ability to achieve the objectives in Growing Together East.
Implications for Aircraft Safety and Region of Waterloo International Airport
The Region objects to the use of a holding provision to regulate height in the SGA -4 zoning
category as it relates to the Region of Waterloo International Airport. The holding provision
approach creates unnecessary risk that could result in incompatible land uses and development
and potential aviation safety hazards impacting the long-term operation and economic role of
YKF.
It is the Region's position that including a maximum height regulation in the zoning by-law itself
and not as part of a holding provision, is the most effective, efficient and transparent
mechanism for ensuring the continued safety of residents and operation of Waterloo Region's
airport. A maximum height regulation contained in a holding provision does not have the same
effect. Detailed comments on the concerns as they relate to the use of a holding provision
were submitted to the City through Growing Together West and are attached to this letter.
These issues continue to be of concern to the Region as it relates to Growing Together East. As
such, the Region requests that prior to approval of the proposed zoning by-law amendment
that holding provision 111 be removed and a maximum height regulation be included within
the MTSAs (specifically on lands zoned SGA -3 within the Fairway Road MTSA and all lands
zoned SGA -4) as requested by Region staff through the Growing Together East consultation
process.
When Regional comments were provided on Growing Together West height maximums were
based on a June 2024 Aeronautical Assessment prepared by IDS. Since that time the Region has
advanced work on new Airport Zoning Regulations (AZR) that will ultimately impose new or
updated Federal regulations for the Region, including the lands subject to the Growing
Together East amendments. As a result of this work maximum heights that the Region can
support are now available. This information was provided to City staff through the consultation
process in response to the City's circulations of draft technical materials and communicated
through several meetings with City staff. As the maximum heights are known, it is not
Page 4 of 10
Page 36 of 177
anticipated the Region would be able to support any additional height beyond these maximums
through an aeronautical assessment.
The holding provision, as proposed, requires an applicant to complete an aeronautical
assessment to the satisfaction of Nav Canada in consultation with the Region in order to
increase the base maximum height imposed in the by-law, which will be secured in a site plan
agreement. As maximum heights are known through the work to support the new AZR, the use
of a holding provision that includes a requirement to complete an aeronautical assessment
creates unnecessary process and a lack of transparency for developers. As well, there is a
serious risk relating to the ability to regulate building heights through the site plan approval
process.
The Region also identified a concern with the maximum height of 25 storeys on lands zoned
SGA -3 within the Fairway Road Station Area, as cranes above 25 storeys could interfere with
airport operations. This maximum height regulation must account for cranes and/or temporary
structures.
As a result, and in addition to the above comments, the proposed zoning by-law included in
Appendix B may not conform with the Official Plan or contain the necessary provisions relating
to the use of the holding symbol as required by the Planning Act.
Grand River Transit — Stage 1 and 2 ION
The Growing Together East project applies to three MTSAs in the City of Kitchener: Block Line,
Fairway and Sportsworld. Planning for these MTSAs is critical to ensuring smooth integration of
Stage 1 and Stage 2 ION from the existing light rail terminus at Fairway Station into southeast
Kitchener and Cambridge and the integration of conventional bus service with this system.
Throughout the Growing Together East initiative, through written correspondence and in
meetings with City staff, Regional staff advised of the importance of integrating transit
considerations in the land use planning framework for this area.
Specifically, to ensure that future development in these MTSAs integrates seamlessly with
transit infrastructure, the Region requested the imposition of a holding provision on all
properties within 40 meters of the Stage 1 and Stage 2 ION alignment requiring a Transit
Assessment to the satisfaction of the Region of Waterloo Commissioner of Transportation
Services. The intent of the holding provision was not to preclude development but as a
transparent way to identify required studies for developments in a limited area abutting
existing and future transit infrastructure.
Similar to the requirement for a Transportation Impact Study, a Transit Assessment will identify
any impacts (i.e. operational delays, infrastructure/signal adjustments, etc.) of a proposed
development on the existing ION LRT operations/stations and on the Regional Council
Approved S21ON Rapid transit alignment, and if impacts are anticipated the assessment would
recommend mitigation measures, including functional designs for potential infrastructure
Page 5 of 10
Page 37 of 177
improvements. The Terms of Reference for the Transit Assessment are to be approved by the
Region of Waterloo prior to the study being undertaken.
The Transit Assessment is intended to obtain additional, application-specific information, to
ensure future development is integrated with, and does not negatively impact, existing transit
operations and planned expansion to rapid transit services and infrastructure. Further should
the Transit Assessment identify negative impacts, it would make recommendations to mitigate
the impacts.
The proposed Growing Together ZBA included as Appendix B of Report DSD -2025-083 does not
contain the requested transit related holding provision. Addressing the transit impact
assessment earlier in the process through a holding provision creates clear expectations on the
requirements to coordinate and integrate transit operation with the site before proceeding to
the more detailed site plan process. Regional staff request that prior to approval, the City of
Kitchener revise the proposed zoning by-law amendment to reflect the transit holding provision
as requested by the Region.
In summary, the Region requests that prior to the approval of the proposed zoning by-law
amendment included as Appendix B the City:
1) Remove holding provision 111 and include maximum heights as part of the zoning by-
law itself for lands zoned SGA -4 as requested by Region staff through the Growing
Together East consultation process;
2) Include temporary cranes or structures within the maximum height for lands zoned
SGA -3 within the Fairway Road Station Area; and
3) Add a holding provision on all properties within 40 meters of the Stage 1 and Stage 2
ION alignment requiring a Transit Assessment to the satisfaction of the Region of
Waterloo Commissioner of Transportation Services.
As previously requested, we anticipate receiving a copy of any Notice of Decision for both the
Official Plan Amendment and Zoning By-law Amendments.
Page 6 of 10
Page 38 of 177
Appendix B:
March t.5, 2024
Mayor Berry Vdi
M eimbeirs, of the City Cound I
Kitchener City Hall
200 King St., W., 2nd floor
Kitchener, ON N2G 4G,7
PLAN IN IN G, DEVE LOP ME NT AND
LEGISLATIVE SERVICES
15,0 IFrederiiiclf Street, IEO'floor
Kitchener Onta rib N2G 4J3 Canada
Telephone: 519-575-4400
Fax. 5:11-9-575-4449
,6"vv�.regiiioniohv2iterllloo.ca
Subject. Protected Major Transit Station Area Land Use and Zoning Framework - Implications for
AircraftSafetyand Region of ftatei-iloo International Ah -port
The Region is generally supportive of the City's Girowl�ing Together work and shares coirnimon
goals, w[th, ireslpeict to, directing growth, and intensification to the Urban Growth Cenitre (UGQ
and M aj o r Tra nsft Station, Areas, (MTSAs).,
li airn, wiriti ing to Ihi ighll ighft the importance of ensuring the safety and via bi lity of aircraft
qperations at Region of Waterloo liniternational Airport ("YKF") to suyppoirt the needs of our
growing cornmunity. YKIF continues to see increased use by Waterloo Region residents and
those from neighbouring coirnimunities,, with rnoire than 445,,000 passengers travelling through
the airport in, 2023. YKF !is an Virnportant gateway for residents, visitors aind businesses of
Waterloo Region.
To, enisure fliie safety of aircraft operations, the public health and safety of the community arld
the future service of YKF to rneet local derriaind, the Region of" 8aterloo is concerned that the
proposed approach to regulating height through a holding pirovisJon poses, a siginifitant risk to
YKIF. lit Vis tine Region's IposVitVioin that niincludViing a Imrwaximulrn, height regulation Vila the zoning by-law
is the rnosq effective, efficient and transparent innechanisim, for enisurinig the continued safety of
res,idents and operation of Waterloo Region's, airpoirt.,
As our community grows, to I Imillibin residents, it is irnpeiraUve that more people live and work
along the ION corridoir, and as, the qperator of the trainisft systern, the Regions has, a vested
interest in, this, growth.
This objective must be Ibalaniced with, the i to protect airpoirt qpeiraflons. Creating an unsafe
ffight Ipath, Where a pflot may be required to navigate tall buildings Vila adverse coindiflons (sucbI
as, Ipooir visibility, engine -out missed approaches) would result iin airlport approacbies beiing
closed by Nav Canada. Together,, we must enisure that development does not Ipose a potential
aviation safety Ihaaard Which would lead to a reduction of aviation, service in, Waterloo Region,.
Veirsioim 8
Page I of 4
Page 7 of 10
Page 39 of 177
We havecutfined the niore techinical detaHls of this, Vissuae iiin the rernainder of this, letteir.
With respect to potential aviation safety hiazards, there aire geographical areas in the City where
the heightof buildings, and structures is, currently not specificallly re&lated iin the zoining by-
law. These areas overlap with areas iiiin the City over which, aircraft operate under, Ilrmstiruiurmuermt
Plight Procedures (IFP's) when, there are aircraft visibility issues, aridl which, are not other rwise
subject to the buddiing and structure height Iiinifts in, the Airport Zoning Regulations (AZRs,),. The
lack of a specific height regulation is problernat[c as,, Weare now, seeing developinient IproposaJlls,
with buildiing heights that would interfere with the IFPs,,,, decreasing the overall safety @nd
usability for larger aircraft operations at YK'F and Firm the sur,rounding area.
Region i and City staff have been, working collaboratively over the last, year to address site
specific clev6loprnlent applications that would iiiiniterfere wit.1i the safe operation of the airport..
As a result of thiols work, Nav Canada has, resolved conceirinis, for numerous applications by
agreeing to redesign the histruinient Plight Pirocedures, (IRPs) around dowinitowin Kitchener.
These redesigned FPs go to the IlIftnit of what Nav Canada will accept for a safe and efficient
easterly approach to YKF. No further redesigin would be pos-sible without a signif[caint reduction
iin access to the airport. While Region aind Citystaiff have collaborated on dev6lopme-nt
applicatioins, a poteinitial e)(i'sts that Ipreseinitlly, a building of a height that i'literferes, with safe
aircraft operation could Ibe permitted asofright withoutthe opportunity to address, liltthrough
the plar-lining process.
The IPegioin will Ibe working closely with the Area Municipalities on, upcoming zoning by-laws, to
ensure the on-g6ling protection of the airport. Ilan Kitchener, the Growing T6gether work
provides ars opportunity to address the lack. of a helght regulation on a coiniprehiensive Iasis,
pirovicling clear transparent direction to developers. Region staffhave provided input
throughout this, pirocess,with ireslpect to, including a maximum height directly iiiin the zoning by-
law in, accordance it.1) policy directibin establislied in, the Region's Official Plan (ROPI), and City
Official Plan policy.
Chapter 5 of the ROP provides, a high level policy frarnework to, protect the airport Iby providing
direction to thre Area Municipalities to, establish policies, to do, thi's in, their Official Plans. This,
framework recaginizes that the Area Municipalities are responsible for the detailed level of
plllariining that would iiiinigplerneint the location and building height specifics that could coniffict
with airport safety., Specifically, Policy 5.A.,20 directs Area Municipalities to establish(policies yin
their Official Plans to... "c), pfatect the Airpoftfroin development that wouUpreclude ar hinder
the expo nsion or conthwed use, or which wou0be incompotibiefor reasons of pubfic health,
publIk safety or environtriental concerns",, aind "e), prohlbit any land use that may cause cr
potential a0atOnsafety hazard".
Policy &C.11.7 of thie City's (--ffjcj al Plan Viinilpalernients, this ROP policy di rection, anid requires that
the City will ens ure corif ormity with the Regional Official Plla ni and prohidDit, ainy land use or
structure which, could affect the opeiration, of the Airport,,, cause a IpoteiritVlal aviation safety
hazard, or be inicompatilcle for reasons of pul�3lic health, safety or environmental concerns.
Page 2 of 4
Page 8 of 10
Page 40 of 177
Regulationof height is milost appropriately implemented iiiin the zoning by-law and the Region,
relies on the Area Municipalities to implement these policies througli tl,ieir Zoning By-law.
Kitcheneir staff report DSID-2:D2.4-005, proposeslo address maximuirni buildling l'ieigbits througli
flie use of a Holding Provision JH) yin the zoning by-law. our, primary concern is tl,iat once the H
is lifted, tne zoining liy-law would not liave a specific maximurn heiglit regulation.
The proposed approach also llas, tyre potential to, exclude the Region, of Waterloo [international
Airport entirely frorn the decision, making(process as the dedsJon to, lift a Holding is, delegated
to, Kitcheneir staff, does not require consultation, with tliie Region, and is not appe,alable by the
Regilon. As tlie owner and operator Vimpacted by these decisions, uit is critical thiat the Region Ibe
[involved in any dedsJons rdlating to liei'glit impacting the ai'rpoirt as, It would the the Region who
is respoinsible for mitigation to ensure safe opeirations3ind any associated costs,.,
In 2023, thie Region of Wateirlbo, International Airport retained IDS North Arnerica (IDS),,, an
instrument fliglit praceduire design company, to evaluate the impact of potential obstacles
located in, the vicinity of YKF and provide possible solutions for rniftigation., As per the results of
this study, it remains our preference thiattlie Zoning By-law Arnendirneint contaJin specific
maximum Ibuilllding lieiglits (indluding antennas, cranes, eta.).
Transport Canada is currently in, the early stages of considering an, ex,, ainsibin totIlle
Aeronautital Zoning Regulations to protect TKF operations. However, this pis a(Process thiat, will
take nuirneirous,years to complete. A height regulation that is se,cuired in thie zoining liy-lalw is,
required until such ti'me as Federal iregulatVions provide thre necessary pirotection, forYK'F.,
Alternatively, we have proposed a Special Regulation fliat, througli the zoning process, would
provide for consideratibin of addlitional height, Iheyond that speldiffed iln the IDS work, as detailed
in italics below. Tliis would eliminate the need foradditilional process,, such, W reirnoval of the H
or a new Iby-law to re -impose the holding. Gur suggested language is as follows:
Notwithstanding Section XX of this by4aw for the lands zoned XX on Schedule XX the maximum
height of any buildings orstructures (Mcluding any cranes, antennas, or any on -roof
attachments) is XXX* metres above sea level, or suchtnaxim,um, height demonstrated through a
fond Use assessment by NavCanada or through an Aeronautical Assessynent prepared a
quMified consultant to, the satisfaction of the Cammissianer of Manning, Development and
Legis)ative Services for the Region, of Waterloo.
Based on maximurn heiglits, imecornimnended by the IRegiiion, and tyle ability to consider increalsed
height on a site specific Ibasis, t1ii's woOd permit significant height (approx. 40 (plus storeys) and
density in the Growing Togetlier aireasto, support the City's achieverneint of Provincial IHousing
Targets wIiile balanding matters of pul�3lic healtli and safety.
The Regibin of Waterloo International Airport, Canada's fastest growing airport, 6" busiest
airport by aircraft movernents, and 20"h 13,usiest airport by passenger voluirne, is a significant
employer and econorn[c cantributor, prov[ding vital transportation servites,, to our community.
Its continued safe opeiration is, vital to tyle Citizens, of the City of Kitcliener and the Waterloo
Regibin as a lidle.
Page 3 of 4
Page 9 of 10
Page 41 of 177
Yours Minceirely,
Mathieu GGetz.ke.
Acting Chief Administrative Officer
CIC:
City of Kitdheinier, Chief Adiministrati've Officer
City of Kit&heinie r, Ge nie ra I M a nager, Ike elop rn e nt Se rvices
City of'Kitdheinier, Director, Plainining and Housing Polilcy
City of Kitdheinier, Director, Devel,op"nent and Housing Approvals
Regibinial Chair Karen Redi"nain
Regibini of Waterloo Councillors
Regibin of Waterloo, Caminissjoiner, Planning Development aind Legislative Servites,
Regibin of Waterloo, Director,, Community Planning
*The carresponding height Nimit Ihia5 been Iprovi'ded to pity staff Ibased oini geography
Page 4 of 4
Page 10 of 10
Page 42 of 177