City of Kitchener comments…

City of Kitchener comments attached and summarized below

Kitchener continues to be a leader in Ontario and has already undertaken some of the work that Bill 23 seeks to achieve:

• Kitchener’s Development Services Review was acknowledged by yourself in announcing the changes proposed by Bill 23. We are proud of our successes in streamlining development approvals and have seen tremendous results.

• Kitchener Council recently approved a $2 million fund to pay development charges for affordable housing and in August 2022 through Council’s approval of a parkland dedication bylaw, exempted parkland dedication requirements for affordable housing. I fully support Bill 23 changes to make affordable housing projects exempt from development charges and parkland dedication.

• In 2021, Kitchener Council was one of the first municipalities in Ontario to update our zoning by-law to allow for tiny houses (additional dwelling units) on over 25,000 lots. To date we have received 37 applications for tiny homes with some already occupied. My team would be pleased to work with your team to assist with a potential consistent province-wide approach to regulating tiny homes.

Kitchener’s key areas of concern, and where we have questions/comments for the Province’s consideration, include the following:

• Development charge framework – Bill 23 includes changes in development charge (DC) eligible items but does not fully account for the need to continue to supply infrastructure in a timely coordinated manner to support growth. Further it proposes to phase in DCs over a 5-year period resulting in an approximate $17 million reduction in DC revenues for Kitchener. These changes move us farther from a “growth pays for growth” approach and has the potential to shift infrastructure costs associated with growth to existing residents. We are requesting that the Province carefully examine the implications of the proposed changes to development charges to ensure that infrastructure delivery continues to be aligned with housing supply. It is important that Kitchener can quickly deliver and adequately fund the infrastructure needed to support housing growth.

• Parkland dedication framework – It is our understanding that under Bill 23 park land and cash-in-lieu of land conveyances will be reduced by at least 50%. The cap reduces higher density park land dedication substantially yielding negligible park land per person in higher density scenarios. In August 2022, Kitchener Council approved a new park land dedication bylaw together with a park land strategy, Places and Spaces. Kitchener’s park land strategy is balanced and considers impacts on development proformas and sets realistic and achievable park land provision targets. We are requesting that the Province hold off on any changes to park land dedication to allow for recently approved by-laws that have been appealed to be tested at the OLT and be implemented for a period of time. This approach provides an opportunity to understand any potential implications and areas for refinement.

• Changes to regional planning authorities – Bill 23 proposes to remove planning responsibilities from the Region of Waterloo. There is merit in a continued coordinated approach to certain aspects that are currently within the Region’s planning jurisdiction. Coordination of growth in geographic areas with shared interests and infrastructure, like groundwater/sourcewater protection, wastewater and water treatment, natural heritage, and transit is beneficial. Coordination will assist with continuing to balance increasing housing supply while maintaining agricultural lands for needed food supply and protecting and conserving lands that are an integral part of our watershed and natural heritage system that cross municipal boundaries.

• Site plan exemptions – Bill 23 proposes to exclude buildings of 10 units or less from site plan control. Further, Bill 23 proposes to exclude exterior design matters including character, scale, appearance, and design features. Kitchener has concerns about exempting buildings from a site plan process where parking lots, significant grading, or new servicing is proposed. Infill developments are often improved through a site plan process to eliminate off-site impacts. Rather than exempt developments by the number of units, it is recommended that the Province consider exempting certain types of developments, such as street fronting townhouses and additional dwelling units from site plan control. Kitchener supports the exemption of review of exterior design matters such as colour, texture, type of material, and window details from site plan review. We request that the Province consider piloting these exemptions only at this time and monitoring to see if further exemptions are needed.

• Natural heritage system review/evaluation jurisdiction – Bill 23 proposes to limit the role of the GRCA to matters related to natural hazards and will no longer permit MOUs for services. Kitchener works in partnership with the Region and GRCA on matters related to natural hazards and natural heritage to ensure a consistent streamlined approach to conservation, enhancement and restoration. Should the changes in Bill 23 regarding Regional planning responsibilities and conservation authorities advance, there will be no cross municipal jurisdiction to ensure a consistent approach to the conservation, protection and restoration of natural heritage systems. This is of concern especially in the areas of sub-watershed studies and related community/secondary plan processes.

• Cultural heritage register and designation – Among the changes within Bill 23 are changes to the timing of the review and addition of properties to the heritage register. Kitchener is concerned that these changes will diminish a municipality’s ability to designate significant cultural heritage resources resulting in potential significant loss of Kitchener’s cultural heritage. Completing an evaluation and designation process for all cultural heritage resources on Kitchener’s register within a 2-year timeframe will at best be challenging. Kitchener is supportive of advancing work on reviewing its register and is requesting that the Province revisit the proposed 2-year timeframe.