Olde Berlin Town

Neighbourhood Association Kitchener Ontario Canada

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22 Weber St. W. Updates

April 14, 2021 By Laura 1 Comment

Apr. 14, 2021

Senior Planner Juliane vonWesterholt informs us that Planning Staff do not intend to prepare a Staff Report and are unlikely to determine a position on the 22 Weber St W Official Plan and Zone Change amendment application in advance of the Local Planning Appeal Tribunal Case Management Conference, which is anticipated to be held in June 2021.

In its April 14, 2021 newsflash (see below), the Architectural Conservancy Ontario (ACO) North Waterloo branch announced that it is seeking status at the June LPAT Case Management Conference in its opposition to the 22 Weber St W Official Plan and Zone Change amendment application.  Among its suggestions of what interested parties can do is requesting that Kitchener Council hold the required public consultations.

Kae Elgie, ACO President, cited concerns that “none of the 17 current Tribunal members have any mentioned heritage experience.”

From the ACO North Waterloo Region Newsflash:

22 Weber Street Development

The owner is proposing to amend the land use designation and zoning to permit the construction of a 15 storey multiple residential building with 126 residential units. The current High Density Commercial Residential designation would permit a maximum Floor Space Ratio (FSR) of 4.0 and the applicant is proposing an FSR of 6.2. The property is within the Civic Centre Neighbourhood Heritage Conservation District where guidelines require compatible built form, but it is also near the higher intensity zoning of the Downtown.

Under very constrained deadlines imposed by the Provincial government, the 120 day limit was passed without action by the City of Kitchener.  The owner appealed to the Local Planning Appeal Tribunal (LPAT), which will decide whether procedures were followed and so make a decision on the proposed development. No statutory public meeting was held as required by the Planning Act and the City of Kitchener Official Plan. The Planning Department is no longer contemplating holding the Neighbourhood Information Meeting, which was originally scheduled for late October or early November 2020. 

The ACO described some of the heritage issues on our blog.  Our branch is seeking intervener status at a June LPAT meeting.  The ACO will be commenting on the heritage issues of this proposal, but the broader issue of public decision making is also a concern.

All interested individuals are welcome to apply for status at the LPAT meeting.  The standard pre-requisite where individuals and organizations are required to have made a submission to City Council was waived because no public consultation was held.  The LPAT will determine which applications for participant or party status will be granted. Kimberly Livingstone is the assigned Case Coordinator for the 22 Weber St W application to LPAT (case number PL210104). The initial LPAT meeting is scheduled to be June 23, 2021. The LPAT website provides more information here.

What can you do?  You could help our branch in our LPAT intervention. Alternatively, you could contact Kitchener Councillors and the Mayor asking for the required public consultations to be held. This could happen even before the initial LPAT meeting in June.  

If the process of development applications continues to be subjected to LPAT hearings because stringent time limits pass, then local decision making is undermined.

For more information, see the Olde Berlin Town Neighbourhood website here.

Apr. 7, 2021

Kimberly Livingstone, the assigned Case Coordinator for the 22 Weber St W application to the Local Planning Appeal Tribunal (LPAT), case number PL210104, has updated the expected timing of next steps.  The Case Management Conference is anticipated to be in June 2021.  Delivery of notice of the Case Management Conference is expected by the first week in May 2021.

All interested individuals are welcome to apply for party or participant status in response to the notice of the Case Management Conference.  The standard pre-requisite of having made a submission to City Council on an application is waived as no public consultation was held.  The LPAT will determine which applications for participant or party status will be granted.

Mar. 21, 2021

Now that the 22 Weber St W zoning and Official Plan amendment is being appealed to the Local Planning Appeal Tribunal, the Planning Department is no longer contemplating holding the Neighbourhood Information Meeting, which was originally planned for late October or early November 2020. While Planning Staff has not yet formulated an opinion on the application, Senior Planner Juliane vonWesterholt was able to provide answers (see below) to some of the questions we submitted on October 13, 2020. Thank you, Juliane.

Questions (Answers indicated with A):
1)     When did the current ownership acquire 22 Weber St W?
A: City staff is not aware of when the lands were acquired.

2)     Did the ownership of 22 Weber St W submit a request for changes to the zoning via the Secondary Plan review?
A: The applicant participated in the Neighbourhood Planning Review and was advised that it was not appropriate for site-specific Zoning By-law (ZBA) and Official Plan Amendments (OPA) to be dealt with through this process and was advised to submit their own applications for OPA and ZBA

3)     Did the ownership appeal
a)     the Official Plan (OP)?
A: No
b)     the Civic Centre Heritage District Conservation Plan (CCHDCP or HDP)?
A: No
c)     Planning Around Rapid Transit Stations (PARTS)?
A: No, this is not an appealable document.

4)     Did the ownership discuss the proposed zoning amendment with the adjacent neighbours prior to submitting the Zone Change application?
A: Not that City of Kitchener staff is aware of.

5)     If so, how did the neighbours respond?
A: Not applicable.

6)     Why is the applicant on the Pre-Submission Consultation different than the applicant on the “Property Owner Letter” and other documents?
A: The name on the pre-submission is a principle of 30 Duke Street Ltd.

7)     Does this represent a change in ownership since the Pre-Submission Consultation?
A: Not that the City is aware of.

8)     What is the purpose of the Justification Report?
A: To provide planning rationale for the proposed OPA and ZBA applications. This is reviewed by city staff and often staff makes recommendations for changes which are forwarded to the applicant to implement.  The PJR document is intended to help inform the Planners why the application should be supported based on good planning principles and relevant provincial, regional and city policies.

9)     Is the Planning Department satisfied that the Justification Report fulfills its requirements?
A: At this time it is premature for staff to comment on this matter, as well as the other [questions below], as staff has not yet formulated an opinion and the matter has been appealed to the LPAT.

10) How does the Planning Department define the role of PARTS?

11) Does the Planning Department believe Kitchener’s OP meets the requirements of
a)     A Place to Grow?
b)     the 2020 PPS?

12) Specifically, how does the Planning Department interpret requirement 1.4.1 of the 2020 PPS? Does the Department believe our OP and zoning presently meet the requirement?
“1.4.1 To provide for an appropriate range and mix of housing options and densities required to meet projected requirements of current and future residents of the regional market area, planning authorities shall: maintain at all times the ability to accommodate residential growth for a minimum of 15 years through residential intensification and redevelopment and, if necessary, lands which are designated and available for residential development; and maintain at all times where new development is to occur, land with servicing capacity sufficient to provide at least a three-year supply of residential units available through lands suitably zoned to facilitate residential intensification and redevelopment, and land in draft approved and registered plans. Upper-tier and single-tier municipalities may choose to maintain land with servicing capacity sufficient to provide at least a five-year supply of residential units available through lands suitably zoned to facilitate residential intensification and redevelopment, and land in draft approved and registered plans.”

13) How does the Planning Department see the Heritage District Plan’s expression in the applicant’s proposed zoning?

14) Does the Planning Department believe the site is suitable for a tall building, based on the Tall Building Guidelines?

15) How does the Planning Department regard the compatibility of the proposed zoning with the existing neighbourhood?

16) From what locations does the Planning Department believe the angular plane analyses should originate?

17) Do the wind studies make clear the impact of the proposed build on adjacent and nearby properties?

18) How much increased wind is one neighbour permitted to impose on another?

19) What are the criteria upon which the Planning Department will make its recommendation to Council?

Mar. 7, 2021

The Architectural Conservancy Ontario (ACO) North Waterloo Region branch has shared a statement on the development proposal for 22 Weber St W. You can read it here.

Feb. 22, 2021

Kimberly Livingstone, the assigned Case Coordinator for the Local Planning Appeal Tribunal (LPAT) case number PL210104, has confirmed that the LPAT has received the appeal for the 22 Weber St W Zone Change Amendment and Official Plan Amendment application.  Parties interested in participating in the LPAT hearing should make their interest known to Kimberly Livingstone, along with their full contact information, at Kimberly.Livingstone@ontario.ca    

Further updates from the LPAT are not expected before late March 2021.

Feb. 20, 2021

Questions regarding the Local Planning Appeal Tribunal (LPAT) case (Case Number PL210104 ) should be directed to LPAT Case Coordinator Kimberly Livingstone, (437) 228-0679 or Kimberly.Livingstone@ontario.ca

Feb. 17, 2021

Senior Planner Juliane vonWesterholt has notified us that the 22 Weber St W Zone Change Amendment and Official Plan Amendment application has been appealed to the Local Planning Appeal Tribunal (LPAT) for a decision.  No details have been shared.  (It is not uncommon for parties to refrain from commenting while matters are before a court.)

If the LPAT accepts the case, the decision will be removed from the City of Kitchener’s jurisdiction.

No public meeting was convened by the City of Kitchener for community input.

The case is posted with the LPAT as Case Number PL210104.  A Case Coordinator (the person to whom questions should be directed) has yet to be identified.

Further details to be shared when available.

Applicants (ownerships) can turn to the LPAT when a municipality does not render a decision within provincial timelines. In 2019, the Province reduced the maximum number of days permitted to consider this sort of case from 210 to 120 under Bill 108. During the first wave of the pandemic, the Province suspended the timeline requirements. When the suspension expired, no further extension was issued.

Jan. 3, 2021

The online version of the petition created by a group of neighbours opposed to the proposed zone change is now available.
Printable version
Online version

Oct. 30, 2020

A set of questions submitted to Senior Planner Juliane vonWesterholt on October 13, 2020 for preparation of the Neighbourhood Information Meeting can be seen here.

A group of neighbours is opposed to the proposed zone change.  You can see their argument and petition at:
Printable version
Online version

Oct. 10, 2020

A comparison of existing and proposed zonings for 22 Weber St. W. is available here.

Oct. 7, 2020

From Senior Planner Juliane vonWesterholt:

1. A virtual Neighbourhood Information Meeting is anticipated for the end of October or early November 2020 to discuss the 22 Weber St W zone change application.   The community is invited to submit questions to juliane.vonwesterholt@kitchener.ca  Concerns can be submitted to Juliane after the Neighbourhood Information Meeting.

2.  A Staff Report containing a recommendation for Council is likely to be completed within two weeks of the Neighbourhood Information Meeting.

3. The application will need review at:
a) Heritage Kitchener
b) Planning and Strategic Initiatives Committee, and
c) Council. 

No dates have yet been set for any of the above meetings.

Sept. 16, 2020

The deadline for comments, originally Sept. 7, 2020, has been extended.

Sept. 10, 2020

Further details on the Zone Change Application for 22 Weber St W, including Heritage Impact Assessment, site plans, perspective drawings, and more available at https://kitchener.sharefile.com/d-sdf8964c30ef2412798bbb4307a21464d

The “Property Owner Letter” and other information is available at https://oldeberlintown.ca/22-weber-st-w-proposed-15-storey-…

We hear the Planning Department will hold a virtual Neighbourhood Information Meeting on this application, if there is sufficient interest. If you want more information or your concerns heard, write Juliane von Westerholt at juliane.vonwesterholt@kitchener.ca

Thanks to Senior Planner Juliane von Westerholt for making the information available.

view from Ontario Street. Source: 03.20.2020 22 WEBER – DESIGN PLANS + PERSPECTIVES.pdf

Aug 10, 2020

15 storey building with Floor Space Ratio (FSR) of 6.2 proposed for 22 Weber St W

As the proposal exceeds the maximum permitted FSR of 4.0, the owner has applied for a Zoning Bylaw Amendment and Official Plan Amendment.  Click on the image below to see all four pages of the “Property Owner Letter“.  The letter is to be delivered to neighbours within 120m. Comments are due by September 7, 2020 to the Planning Department. (Update: We hear the deadline for comments may be extended and that the Planning Department will hold a virtual Neighbourhood Information Meeting on this application, if there is sufficient interest.)

Filed Under: Blog, Land Use and Zoning, Urban Planning Tagged With: 22 Weber St Development

March 2021 e-News

March 5, 2021 By Laura

subscribe to our e-news here: oldeberlintown.ca/signup

Inside this Edition
1.      Vaccinations for COVID-19 – Region of Waterloo media release 
2.      22 Weber Street West update  – LPAT Decision Pending
3.      Featured By-Law – Building a Deck
4.      Things To Do – Virtual Field Trips, MyKitchener Launch
 
VACCINATIONS for COVID-19
Media Release February 24, 2021   
Phase One pre-registration system for COVID-19 Vaccine launches in Waterloo Region   
High-priority groups can now pre-register for COVID-19 vaccination in Waterloo Region. Those identified as part of Phase One of the province’s vaccination roll-out plan, including Adults 80+, are encouraged to register to be contacted for a vaccine appointment. Appointments are for as early as this week, and will continue based on vaccine availability.  See full media release online.

Residents can register in two ways: Online: www.regionofwaterloo.ca/vaccinePreReg.  Online registration is fastest. Please be patient as the call centre experiences a high volume of calls. By phone: For those unable to register online please call the Region’s Service First Call Centre at 519-575-4400. Pre-registration and vaccination is currently open to: Adult recipients of chronic home health care Adults 80 years of age and older Essential caregivers in long-term care or retirement home Health care workers Indigenous Adults Seniors congregate setting – staff, residents and essential caregivers Staff in long-term care or retirement home “As vaccinations are completed and capacity is increased, we will continue to open up vaccination to more groups as quickly as possible. Pre-registration will help us to maximize capacity and book people in as soon as possible.”  

Visit the Region’s website to learn more about where you can go to be vaccinated once appointments are available as well as our 5 Clinic Type strategy.   We urge the public to continue following public health guidelines to protect yourself, others and slow the spread of COVID-19 in our community.
 
Images of proposed highrise and nearby buildings at 22 Weber Street West in Kitchener

22 Weber St West LPAT Decision Pending
The re-zoning application for 22 Weber Street West is heading straight to the Local Planning Appeal Tribunal (LPAT) for approval after Council did not render a decision within the 120 days allotted under provincial law. 

The re-zoning application is to permit: Unrestricted building height, 55% more floor space, A front yard setback 73% less than the required minimum, 80% less occupant parking than the required minimum, and 86% less visitor parking than the required minimum All property owners have the right to request the zoning on their lands be reconsidered under Ontario law. The neighbourhood had been awaiting a Neighbourhood Information Meeting in advance of two public consultations before Kitchener City Council – the typical process for such applications. Now the decision is to be taken by the LPAT, an adjudicative tribunal that is not required to make decisions in conformity with municipal bylaws.

Immediate neighbours assert that the enjoyment of their properties would be compromised and request support. Heritage advocates argue that views of heritage resources would be diminished, traditional settings eroded and the precepts of the Heritage District Plan violated.

More details and petitions are available at https://oldeberlintown.ca/22weberstw/

To participate in the LPAT hearing, provide Case Coordinator Kimberly Livingstone your full contact information via email at Kimberly.Livingstone@ontario.ca and request standing on case number PL210104 (22 Weber St W, Kitchener).
 
Deck extension bylaw with contact information at City of Kitchener 519-741-2433

Featured By-law
Building a deck
If you’ve been inspired over the winter to think about building a deck, either DIY or hiring contractors, it’s important to consider city by-laws.  Click the image for information about whether you would require a building permit or not for a deck or other project.

You can check the Neighbourhood Bylaw Guide for helpful tips and information on many of our bylaws and related issues.
 
Things to do! Virtual Field Trips:
Presented by Ken Seiling Waterloo Region Museum, McDougall Cottage, and Schneider Haus
Come along on a Virtual Field Trip! New Field Trips are added frequently so visit often.

The Regional museums have pulled segments from our curriculum-linked School Programs and made them available online for all to enjoy. Great for all ages and the Museums are regularly adding videos and resources, so check back often to see what’s new!

To learn more about Waterloo Region’s history visit: Virtual Field Trips.
City Staff remove snow from Ahrens Street
City staff using snowblower and dump trucks to remove snow from Ahrens Street
Banner announcing customized homepage for visitors to MyKitchener

MyKitchener
The City of Kitchener is launching a new online experience for anyone who lives, works or plays in Kitchener called MyKitchener!  

They are making it easier to find what you’re looking for and have worked with residents to create a personalized online experience that is unique to you! Learn more about MyKitchener by visiting the webpage. You can find out how you can create an account to access a new self-serve portal and personalize your online experience with the city.  You may be able to: View and register for programs and activities near you. View road closures that impact you. Apply for jobs and volunteer opportunities. Please note, you do not need to sign up for a MyKitchener account to use the city website.  

Volunteers wanted!
We are looking for volunteers who love their neighbourhood as much as they love social media! Can you help out with Facebook, Instagram, Twitter, or know your way around Mailchimp? How about maintaining the website? Please contact us at writeus@oldeberlintown.ca.

Image of house is 9 Ahrens St (c. 1897)

Filed Under: Blog, Newsletters

Reproduction Heritage Calendar

November 7, 2020 By Laura

The Architectural Conservatory of Ontario (ACO) North Waterloo Region Branch has kindly reproduced a 1982 calendar featuring watercolour paintings by Bert Williams. Many of the homes featured in the calendar are located in Olde Berlin Town. Enjoy the artwork!

137 Queen Street North Kitchener
137 Queen Street North, Kitchener Ontario

Filed Under: Blog, Heritage & History

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