HomeMy WebLinkAboutDTS-10-047 - Interim Control By-law -SW Urban Area Studies1
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Development&
Technical Services
REPORT
REPORT TO: Council
DATE OF MEETING: February 8, 2010
SUBMITTED BY: Alain Pinard, Interim Director of Planning (519-741-2319)
PREPARED BY: Alain Pinard, Interim Director of Planning (519-741-2319)
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: February 8, 2010
REPORT NO.: DTS-10-47
SUBJECT: INTERIM CONTROL BY-LAW FOR CERTAIN LANDS
SUBJECT TO THE SOUTHWEST URBAN AREA STUDIES
RECOMMENDATION:
That Council reaffirm its commitment to the Southwest Urban Area Studies outlined in
the approved Kitchener Growth Management Plan (KGMP); and further
That an Interim Control By-law for the purpose of temporarily prohibiting anything other
than the existing use of land, buildings or structures on lands that are subject to the
Southwest Urban Area Studies, be approved in the form shown in the "Proposed By-law"
dated February 8, 2010, attached to report DTS-10-47.
BACKGROUND:
The City of Kitchener is committed to the timely completion of macro-level planning initiatives
referred to as the Southwest Urban Area Studies. These studies are identified in the Kitchener
Growth Management Plan (KGMP) that was approved by Council on May 25, 2009. An update
report that further defined the scope of work was approved by Council on November 1, 2009.
On January 25, 2010 Council authorized the hiring of a consulting team lead by the Planning
Partnership to complete major portions of this work for an estimated fee of $227, 233.
The owners of two properties in the Southwest Urban Area (shown in Appendix "A") have
appealed their development applications to the Ontario Municipal Board (O.M.B.) and there is
the prospect of additional O.M.B. appeals. Additional O.M.B. hearings will undermine the City's
ability to plan the Southwest Urban Area in a comprehensive and timely manner as set out in
the KGMP. O.M.B. appeals for individual land parcels may compromise community-level
planning considerations that affect all of the Southwest Urban Area. The City has consistently
maintained that community-level planning considerations in this area need to be dealt with in a
holistic manner in advance of individual development applications, and that all affected
landowners should be treated equitably. Staff participation in O.M.B. hearings means that staff
will have less time to work on the Southwest Urban Area Studies which jeopardizes the City's
ability to meet original timelines.
Staff is recommending that Council adopt an Interim Control By-law pursuant to Section 38 of
the Planning Act. An Interim Control By-law temporarily prohibits development where Council
has directed that a study be undertaken for specific land use planning objectives. In this case,
Council has already directed the studies through the approval of the KGMP and demonstrated a
commitment to the studies with the recent hiring of the Planning Partnership. Through the
approval of this report, Council would be reaffirming its direction to staff to complete the studies
as originally contemplated. The Interim Control By-law will provide staff some "breathing space"
to work on the studies and to complete the required master planning in a timely manner. This is
a bona-fide use of this Planning Act tool.
REPORT:
Context
On January 26, 2009 Council approved the Kitchener Growth Management Strategy (KGMS).
One of the major action items of the KGMS is to evolve Kitchener's Staging of Development
program in order to better address intensification opportunities, and to improve linkages with the
Capital Forecast and Development Charges programs. The KGMS also recommended that the
evolved Staging of Development program include an annual Growth Management Monitoring
Report and biannual Growth Management Plans that would identify the relative priority of known
development opportunities.
On May 25, 2009 Council approved Kitchener's first Growth Management Plan (KGMP)
prepared in accordance with the framework set out in the KGMS. The KGMP assigns all known
development opportunities a priority rating ranging from A (highest) to D (lowest). The KGMP
and supporting reports explain that the City of Kitchener will actively process development
applications for lands assigned a priority rating of A or B. In the case of priority C and D lands,
the KGMP identifies the macro-level planning initiatives and infrastructural improvements that
need to be completed before individual development applications can be considered.
The lands referred to as the Southwest Urban Area (shown in Appendix "A") are assigned
priority levels of C and D in the KGMP. The KGMP also outlines the macro-level planning
initiatives that need to be completed for this area. The City of Kitchener is committed to the
timely completion these macro-level planning initiatives. To this end, Council authorized the
hiring of a consulting team lead by the Planning Partnership to undertake much of this work for
an estimated fee of $227, 233 on January 25, 2010.
The owners of two properties in the Southwest Urban Area have appealed their development
applications to the Ontario Municipal Board (O.M.B.). The appellants wish to have their
development applications processed in advance of the completion of the macro-level studies,
contrary to the KGMP. It is noted that the second appellant (RioCan Property Services Inc.)
provided the explanation that they filed an O.M.B. appeal only to protect their interests as a
result of the first appeal by Tru-Villa Inc. and 2040796 Ontario Limited which are more
commonly known as Mattamy Homes.
Previous reports approved by Council explain in detail the rationale for the Southwest Urban
Area studies. Put simply, the Southwest Urban Area is the largest remaining greenfield area in
the City of Kitchener and a comprehensive planning approach that addresses community-level
issues is necessary to ensure that it is properly planned. It is premature to consider the details
of site-specific applications until the master planning for the entire community is complete.
While the majority of the landowners continue to participate and co-operate with the Southwest
Urban Area studies, at least one more land owner has indicated that an O.M.B. appeal is being
contemplated for the similar reasons to Mattamy Homes, which may in turn trigger other O.M.B.
appeals. A proliferation of planning applications and O.M.B. hearings will result in piecemeal
planning if approved, and the diversion of staff resources whether approved or not.
Impact on Timing
The Interim Control By-law will not add time to the macro-level planning processes that are
underway and targeted for completion in June 2011. If anything, the Interim Control By-law
provides greater assurance that staff resources will be available to meet targeted timelines and
provides a hard deadline on the completion of the studies. Interim Control By-laws cannot
exceed one year, and can only be extended once for an additional year, for a maximum total
duration of two years.
Equity
Throughout the development and approval of the KGMP, the City of Kitchener has been clear
that it wants all of the landowners in this area to be treated equitably. O.M.B. hearings
introduce a separate approval process for some landowners, which could result in a competitive
advantage if the appellants are allowed to develop sooner than landowners who are
participating and co-operating with the Southwest Urban Area studies. The City of Kitchener
wishes to continue to plan for this area in a comprehensive way with the participation of the
landowners. The prospect of piecemeal planning and additional O.M.B. appeals has pressed
the City into using the Interim Control By-law tool. The Interim Control By-law will, as much as
possible, ensures that all of the land owners are subject to the same approval process and
community-level planning considerations.
Subject Lands
The Southwest Urban Area is shown in Appendix "A". Ideally the by-law would apply to all of
the lands so that all properties are subject to the same planning approval process. However,
the by-law excludes seven properties for specific reasons. Both the Mattamy property and the
RioCan property are excluded because these matters are already before the O.M.B. The By-
law also excludes five smaller properties that are registered, serviced and zoned for urban uses.
Two of these properties are located on the east side of Fischer-Hallman on either side of
Seabrook Drive. The three remaining properties are located at the northwest corner of Fischer-
Hallman Road and Bleams Road and they are functionally one development site.
FINANCIAL IMPLICATIONS:
No impacts on the Capital Budget are anticipated as a result of the recommendations in this
report. The Southwest Urban Area Studies are growth-related and are being paid for with
Development Charges.
The City would incur costs to defend the Interim Control By-law if appealed to the Ontario
Municipal Board. However, an Interim Control By-law creates certainty that there would be no
more than one additional O.M.B. hearing to deal with the matter of "prematurity" of development
applications in the Southwest Urban Area. Without the Interim Control By-law the City could be
faced with several O.M.B. hearings dealing with the same issue.
CONCLUSION:
An Interim Control By-law is recommended so that the City can complete the Southwest Urban
Area Studies in a timely manner. The Southwest Urban Area studies will ensure that the area is
properly planned and that community-level issues are addressed up front in a comprehensive
manner in advance of individual development applications.
CONTRIBUTING AUTHORS:
Della Ross, Manager of Development Review
Brandon Sloan, Senior Project Manager
Juliane vonWesterholt, Senior Planner
ACKNOWLEDGED BY: Jeff Wllmer, Interim General Manager
Development and Technical Services Department
APPENDIX 'A'
SOUTHWEST URBANAREA STUDIES AREA
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Date: February 4, 2010 szs ,zs ~s° "s s°°
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PROPOSED BY-LAW
February 8, 2010
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being an Interim Control By-law respecting planning studies in the south west
area of Kitchener)
WHEREAS Section 38 of The Planning Act, R.S.O. 1990, Chapter P.13,
as amended, authorizes a municipality, upon having passed a by-law or
resolution directing a review or study be undertaken in respect of land use
planning policies, to pass an Interim Control By-law to prohibit the use of land,
buildings or structures within a municipality or in any defined area or
areas thereof for such purposes as are set out in the by-law;
AND WHEREAS the Council passed a resolution on the 25th day of May
2009, directing that a review or study be undertaken in respect of land use
planning policies in the City of Kitchener relating to the Southwest Urban Area
Studies as identified in the Kitchener Growth Management Plan
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1. This By-law applies to the lands, buildings and structures within the area
of Kitchener shown on the Plan dated February 4, 2010 attached as
Schedule "A", hereinafter referred to as the "Subject Area".
2. Lands, buildings and structures within the Subject Area are prohibited
from being used for any use other than a lawful use in existence on the
day before the date of the passage of this by-law. There shall be no
applications for zoning by-law amendments, official plan amendments,
minor variances, plan of subdivision approvals, vacant land plan of
condominium approvals, part lot control by-laws or consents to sever
within the Subject Area.
3. This By-law shall remain in full force and effect for one year from the date
of passing hereof, unless extended as provided for in The Planning Act.
This by-law shall be deemed to have come into force on the date of
passing thereof.
PASSED at the Council Chambers in the City of Kitchener this day of
2010.
Mayor
Clerk
SCHEDULE A