Rod Regier, Commissioner, Planning, Development & Legislative Services, introduced a presentation on the City of Kitchener’s Official Plan Amendments. He explained that staff are recommending the approval of three of the amendments and the modified approval of OPA 49. He explained that the modifications to OPA 49 are designed to address concerns that the lack of a maximum building height could have on the long-term operation of the Regional Airport. The Region is working with NAV Canada on a redesigned limit which will result in a change to the height limit. With no limit, a building could be built that is taller than the maximum allowable limit and NAV Canada could shut down the flight path.
Responding to questions, R. Regier stated that staff have had many discussions about projects and have asked NAV Canada to redesign approaches to the Regional airport. This resulted in these buildings no longer causing a threat to the flight path, but he stressed that it has hit the limit of what can be done and that the proposed modification to OPA 49 is necessary to ensure that no buildings penetrate the safety area. R. Regier further highlighted that building heights have increased dramatically in the last five years, with the tallest building over 35 stories, and applications for over 50 stories. He stated that the Aeronautical Zoning Regulations (AZR) have not kept up with changes to GPS navigation.
Graham Walsh, Regional Solicitor provided an overview of zoning used in Mississauga regarding Pearson International Airport, noting that they have the AZR included in their official plan and zoning by-law but have still had issues.
In response to a question from Council, Irv Shachter, Senior Solicitor, explained that the holding provision method approved by the City of Kitchener, could result in an situation where a site plan control is approved with the holding provision removed, and the property is subsequently sold. In this situation the new owner could propose additional height and have an opportunity to make an appeal to the Ontario Land Tribunal.
Regional Chair K. Redman noted that the motion would be taken in two parts.