Kitchener’s Planning and Strategic Initiatives Committee (PSIC) considered the Growing Together proposed Official Plan and Zoning By-law amendments for our neighbourhood and the lands surrounding 7 of our 10 ION streetcar stops on Monday, January 29, 2024 and deferred taking a decision until the March 18, 2024 Council meeting to address unresolved concerns. Olde Berlin Town resident Hal Jaeger delegated to request amendments to provisions that he believes might be harmful. We asked Hal, who has served as chair of our neighbourhood development committee for the last six years, to unpack a few of the requests, in the following interview. For a recording of the meeting and all the pertinent documents, click here.
Q: Among your requests, it looks like you are seeking to insert a minimum separating distance between restaurant patios and low-rise residential and growth zones. Can you explain the rationale?
Hal: I am happy to try. At issue is the potential conflict between neighbours. For example, conflict between a lively restaurant patio and immediate neighbours looking to enjoy some quiet time in their back yard. The existing zoning bylaw requires a 30m separation distance between the two uses, but the Growing Together proposal aims to eliminate the separation requirement entirely. We also do not yet know enough about the kinds of bylaw revisions that might help manage any such conflicts.
Q: What is the story on the two requests around parkland and green spaces?
Hal: The underlying goals are to preserve and increase the amount of green space and to increase the availability of parks large enough to support a broad array of uses.
As of today, the downtown and surrounding Major Transit Stations Areas are the City’s most under-served, in terms of parkland space per person. We also are also in one of Kitchener’s significant “heat islands”. Unfortunately, in the pursuit of an urban street feel, as along downtown King Street, the Growing Together supports the elimination of green spaces along “Priority Streets”. The request is that, as we do so, we make it possible to acquire replacement greenspace.
In terms of parkland, the Growing Together proposal states a preference for land over cash-in-lieu for the creation of new public parks. I support increasing park space close to where new development is to occur. I just don’t want to end up with a plethora of micro parkettes, and insufficient parks large enough to support a broad array of uses, including larger gatherings, sporting activities and so forth. I expect this to be even more important to those without the benefit of a backyard.
Q: Why are you advocating for inclusion of a “Zoning permissions do not necessarily reflect and may be limited by heritage preservation requirements” provision in our Official Plan? Is heritage not already adequately protected?
A: You are right, the Planning Act, the Provincial Policy Statement, the Growth Plan, the Waterloo Region Official Plan and the Kitchener Official Plan all require the conservation of heritage resources. And the Ontario Heritage Act specifies that “where there is a conflict between this Act or the regulations and any other Act or regulation, this Act or the regulations shall prevail.” On paper, it would seem like heritage resources should be safe. But, in real life, the outcome has been more interesting. For example, when our planners approach the directives of our Heritage District Plan, they tend to regard them as recommendations, subject to continued re-interpretation. So, when they are faced with a choice between “as-of-right” zoning permissions and “to-be-reinterpreted District Plan recommendations”, they may re-interpret or set aside the District Plan and honour the zoning requirement. Suddenly, the zoning permissions trump the heritage requirements! This would not, of course, be a problem if zoning aligned with heritage requirements, but it frequently does not. Seeing as the Growing Together plan proposes to leave conflicts between heritage requirements and zoning permissions, I believe it prudent and only fair to duly notify future owners, potential developers and councillors.
Q: What can neighbours do to ensure a good and equitable outcome?
A: Residents can always call or write members of Council. The agenda for the meeting on Monday, March 18, 2024 will be posted here and will include instructions on how to submit an official comment or delegate before Council. Attending a public meeting is generally helpful in indicating to Council that an issue is contentious.
The decision at the January 29, 2024 PSIC meeting was deferred to permit more discussion with Planning Staff. It appears staff will be meeting with those whose comments were not resolved within the next two weeks. When we have further details, we will share them on the Olde Berlin Town website at https://oldeberlintown.ca/growingtogether/.
