Planning and Strategic Initiatives

Committee Minutes

Monday, February 26, 2024 at 5:30 P.m. - 9:00 P.m.

Council Chambers

City of Kitchener

200 King Street W, Kitchener, ON N2G 4G7

Present:

• Councillor S. Davey
• Councillor D. Schnider
• Councillor J. Deneault
• Councillor C. Michaud
• Councillor A. Owodunni (virtually)
• Councillor P. Singh
• Councillor B. Ioannidis
• Councillor M. Johnston
• Councillor D. Chapman (virtually)
• Councillor S. Stretch

Absent:

• Mayor B. Vrbanovic

Staff:

• D. Chapman, Chief Administrative Officer
• J. Readman, General Manager, Development Services
• D. Saunderson, Deputy Clerk
• M. Mills, Committee Coordinator

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1.

Commencement

The Planning and Strategic Initiatives Committee held a meeting this date commencing at 5:35 p.m.

2.

Disclosure of Pecuniary Interest and the General Nature Thereof

None.

3.

Consent Items

3.1

Kitchener Becoming a Bird Friendly City, DSD-2024-081

The Committee considered Development Services Department report DSD-2024-081, dated February 8, 2024 recommending staff investigate the benefits and feasibility of Kitchener becoming a ‘Bird Friendly City’, including any resource and budgetary considerations.

• On motion by Councillor M. Johnston

  it was resolved:

  "That staff be directed to investigate the benefits and feasibility of Kitchener becoming a ‘Bird Friendly City’ including any resource and budgetary considerations as outlined in Development Services Department report DSD-2024-081."

  Carried

3.2

Private Street Naming, 628 New Dundee Road, DSD-2024-059

The Committee considered Development Services Department report DSD-2024-059, dated January 3, 2024 acknowledging that Fusion Homes intends to name a private street "Jet Avenue", "Graphite Drive", and "Shale Avenue", within a multiple residential development located at 628 New Dundee Road; and, that the City's Legal Services division be directed to proceed with the required advertising, preparation, and registration of the necessary by-laws, for the private street naming.

It was requested and agreed that the recommendation outlined in Development Services Department report DSD-2024-059 be amended to replace “Graphite Crescent” with “Graphite Drive” to ensure compliance with the Emergency Services Policy. 

Councillor M. Johnston brought forward a motion to approve the recommendation as outlined in DSD-2024-059, including the amendment related to replacing "Graphite Crescent" with "Graphite Drive".

• On motion by Councillor M. Johnston

  it was resolved:

  "That the City of Kitchener acknowledge that Fusion Homes intends to name a private street: “Jet Avenue”, “Graphite Drive”, and “Shale Avenue” within a multiple residential development located at 628 New Dundee Road; and further,

  That the City’s Legal Services division be directed to proceed with the required advertising, preparation, and registration of the necessary By-law for the naming of “Jet Avenue”, “Graphite Drive”, and “Shale Avenue” as outlined in Development Services Department report DSD-2024-059."

  Carried

3.3

Uncollectable Miscellaneous Receivable Accounts Write-Off, FIN-2024-043

The Committee considered Financial Services Department report FIN-2024-043, dated January 5, 2024 recommending that uncollectable Miscellaneous Receivable Accounts be written off against the Allowance for Doubtful Receivables. 

• On motion by Councillor M. Johnston

  it was resolved:

  "That uncollectable Miscellaneous Receivable Accounts amounting to $6,946 be written off against the Allowance for Doubtful Receivables as outlined in Financial Services Department report FIN-2024-043."

  Carried

3.4

Uncollectable Utility Receivable Account Write-Off, FIN-2024-042

The Committee considered Financial Services Department report FIN-2024-042, dated February 26, 2024 recommending that uncollectable utility accounts be written off against the allowance for doubtful utility receivables. 

• On motion by Councillor M. Johnston

  it was resolved:

  "That uncollectable utility accounts amounting to $82,552 be written off against the allowance for doubtful utility receivables as outlined in Financial Services Department report FIN-2024-042."

  Carried

3.5

Provincial Funding Extension for Waterloo Region, Small Business Centre, DSD-2024-062

The Committee considered Development Services Department report DSD-2024-062, dated February 16, 2024 recommending the Mayor and Clerk be authorized to sign a one-year extension to the funding agreement with the Province of Ontario for the Waterloo Region Small Business Centre; that the General Manager, Development Services be authorized to execute on behalf of the City of Kitchener any amendments to the funding agreement; and, that the Manager, Waterloo Region Small Business Centre, and the Executive Director, Economic Development, be delegated authority to execute recipient grant agreements for the Starter Company Plus and Summer Company programs.

• On motion by Councillor M. Johnston

  it was resolved:

  "That the Mayor and Clerk be authorized to sign a one-year extension to the funding agreement with the Province of Ontario for the Waterloo Region Small Business Centre to deliver the core business information services, Summer Company and Starter Company Plus programs, said agreement to be to the satisfaction of the City Solicitor; and,

  That the General Manager, Development Services be authorized to execute on behalf of the City of Kitchener any amendments to the funding agreement provided such amendments are to the satisfaction of the City Solicitor; and further,

  That the Manager, Waterloo Region Small Business Centre, and the Executive Director, Economic Development, be delegated authority to execute recipient grant agreements to the satisfaction of the City Solicitor for the Starter Company Plus and Summer Company programs as outlined in Development Services Department report DSD-2024-062."

  Carried

3.6

Public Art Policy Review and Revisions, DSD-2024-026

The Committee considered Development Services Department report DSD-2024-026, dated January 25, 2024 recommending adoption of the proposed revisions to public art policy GOV-COR-816; and, that five artworks displayed at two City-run cultural facilities be incorporated into the public art collection. 

• On motion by Councillor M. Johnston

  it was resolved:

  "That the proposed revisions to public art policy GOV-COR-816 be accepted; and further,

  That five artworks displayed at two City-run cultural facilities be incorporated into the public art collection as outlined in Development Services Department report DSD-2024-026."

  Carried

4.

Discussion Items

4.1

None.

5.

Public Hearing Matters under the Planning Act (advertised)

This is a formal public meeting to consider applications under the Planning Act.  If a person or public body does not make oral or written submissions to the City of Kitchener before the proposed applications are considered, the person or public body may not be entitled to appeal the decision to the Ontario Land Tribunal and may not be added as a party to a hearing of an appeal before the Ontario Land Tribunal.

5.1

Zoning By-law Amendment Application ZBA23/038/G/ES, 186 Gehl Place, Kitchener Green Developments Inc., DSD-2024-076

Councillor D. Chapman entered the meeting at this time.

The Committee considered Development Services Department report DSD-2024-076, dated February 12, 2024 recommending adoption of Zoning By-law Amendment Application ZBA23/038/G/ES, for the property municipally addressed as 186 Gehl Place.

E. Schneider provided an overview of the report and staff recommendation noting the proposed By-law attached to Development Services Department report DSD-2024-076 requires an amendment as minor linework changes to the zone boundaries have been made to Map No. 1 to align linework with the draft plan of subdivision and the lot boundaries. E. Schneider noted, further notice regarding this amendment to the By-law is not required.

G. Stevenson was also in attendance to respond to questions from the Committee. 

D. Riley, MHBC Planning provided a presentation in support of the staff recommendation and responded to questions from the Committee.

Councillor A. Owodunni brought forward a motion to approve the recommendation as outlined in DSD-2024-076, including the amendment proposed by Planning staff related to the updated Map 1, and the inclusion of an additional clause stating "That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, further notice is not required to be given in respect to Zoning By-law Amendment ZBA23/038/G/ES".

It was noted any recommendation arising from this matter would be considered at a Special Council meeting later this date.

• On motion by Councillor A. Owodunni

  it was resolved:

  "That Zoning By-law Amendment Application ZBA23/038/G/ES for the property municipally addressed as 186 Gehl Place for Kitchener Green Developments Inc. be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’ attached to Development Services Department report DSD-2024-076 as Attachment ‘A’, and as amended at the February 26, 2024 Planning and Strategic Initiatives Committee; and further,

  That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, further notice is not required to be given in respect to Zoning By-law Amendment ZBA23/038/G/ES."

  Carried

5.2

Official Plan Amendment Application OPA23/021/W/ES, Zoning By-law Amendment Application ZBA23/037/W/ES, 32-42 Windom Road, Jackman Property Holdings c/o Vive Development Corp., DSD 2024-071

The Committee considered Development Services Department report DSD-2024-071, dated January 29, 2024, 2024 recommending adoption of Official Plan Amendment Application OPA23/021/W/ES and Zoning By-law Amendment Application ZBA23/037/W/ES for the property municipally addressed as 32-42 Windom Road.

E. Schneider provided an overview of the report and staff recommendation. G. Stevenson was also in attendance to respond to questions from the Committee. 

D. Galbraith, Up Consulting provided a presentation in support of the staff recommendation and responded to questions from the Committee.

It was noted any recommendation arising from this matter would be considered at a Special Council meeting later this date.

• On motion by Councillor D. Schnider

  it was resolved:

  "That Official Plan Amendment Application OPA23/021/W/ES for the property municipally addressed as 32-42 Windom Road for Jackman Property Holdings c/o Vive Development Corp. requesting a Site-Specific Policy Area to permit a multiple residential dwelling development with a Floor Space Ratio of 1.4 and a Building Height of 15.1 metres on the lands specified and illustrated on Schedule ‘A’, be adopted in the form shown in the Official Plan Amendment attached to Development Services Department report DSD-2024-071 as Attachment ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and further,

  ​​That Zoning By-law Amendment Application ZBA23/037/W/ES for Jackman Property Holdings c/o Vive Development Corp. be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Development Services Department report DSD-2024-071 as Attachment ‘B’."

  Carried

5.3

Official Plan Amendment Application OPA22/012/H/CD, Zoning By-law Amendment Application ZBA22/019/H/CD, 490 Huron Road, 2517293 Ontario Inc., DSD-2024-060 

The Committee considered Development Services Department report DSD-2024-060, dated January 29, 2024 recommending adoption of Official Plan Amendment Application OPA/22/012/H/CD; and, adoption of Zoning By-law Amendment Application ZBA22/019/H/CD, for the property municipally addressed as 490 Huron Road. 

C. Dumart provided an overview of the report and staff recommendation. G. Stevenson was also in attendance to respond to questions from the Committee. 

A. Sinclair, MHBC Planning provided a presentation in support of the Staff recommendation. In response to questions from the Committee, A. Sinclair noted amenity space in the proposed development will include playground spaces for children. Further, A. Sinclair noted the suggested inclusion of three bedroom units in the proposed development will be considered by the applicant.

R. Tomic provided comments in opposition of the application noting concerns for trespassing on a church property located adjacent to the proposed development. In response to questions from the Committee regarding a barrier between the church property and the proposed development, C. Dumart noted the Zoning By-law does not require a fence or additional barrier between the two properties as the development is proposed to be set back 40 metres from the shared property line.

Councillor J. Deneault left the meeting at this time and re-entered.

• On motion by Councillor S. Stretch

  it was resolved:

  "That Official Plan Amendment Application OPA/22/012/H/CD for the property municipally addressed as 490 Huron Road for 2517293 Ontario Inc. requesting to amend the text of Site-Specific Policy 15.D.12.40 to increase the maximum permitted height to 24 storeys on the lands specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD-2024-060 as Attachment ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and further,

  That Zoning By-law Amendment Application ZBA22/019/H/CD for 2517293 Ontario Inc. be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Development Services Department report DSD-2023-299 as Attachment ‘B’."

  Carried

5.4

Official Plan Amendment Application OPA23/010/H/BB, Zoning By-law Amendment Application ZBA23/006/H/BB, Draft Plan of Condominium Application 30CDM-23204, 980 and 1018 Hidden Valley Road, DSD-2024-011

The Committee considered Development Services Department report DSD-2024-011, dated January 26, 2024 recommending adoption of Official Plan Amendment Application OPA23/010/H/BB; adoption of Zoning By-law Amendment Application ZBA23/006/H/BB; and, approval of Draft Plan of Condominium Application 30CDM-23204 for the properties municipally addressed as 980 and 1018 Hidden Valley Road.

B. Bateman provided an overview of the report and staff recommendation  noting the proposed By-law attached to Development Services Department report DSD-2024-011 requires an amendment in condition 13, for the word "eastern" to be replaced with "western". B. Bateman also noted the Pearl Valley Development Corporation, owner of lands adjacent to the subject subdivision has requested an additional condition be included in the by-law stating "That prior to final approval, any agreement for an easement to facilitate sanitary infrastructure adjacent lands to the north be confirmed, to the satisfaction of the City." B. Bateman however noted Staff recommend this matter be dealt with through the site plan process rather than being included as a condition of approval in the by-law as there is an alternative servicing option that could be considered and discussed with the Corporation.  

G. Stevenson was also in attendance and in response to questions from the Committee noted, it is premature to commit to a servicing agreement as the development potential of the lands to the North has not fully been determined. Further, there could be a potential for cost sharing for servicing, as the lands to the North could be serviced through a public street.

A. Sinclair, MHBC Planning provided a presentation in support of the Staff recommendation and responded to questions from the Committee. A. Sinclair also noted support for Staff's position not to include the proposed condition relating to a servicing agreement in the by-law.

L. Ingram, MTE Consultants was also in attendance and responded to questions from the Committee.

Councilor D. Schnider left the meeting at this time and re-entered.

Councillor J. Deneault brought forward a motion to approve the recommendation as outlined in DSD-2024-011, including the amendment proposed by Planning staff related to the revision of Condition 13 of the proposed By-law.

It was noted any recommendation arising from this matter would be considered at a Special Council meeting later this date.

• On motion by Councillor J. Deneault

  it was resolved:

  "That Official Plan Amendment OPA23/010/H/BB for the property municipally addressed as 980 and 1018 Hidden Valley Road for Evaya Developments Inc. requesting a site specific amendment be added to Hidden Valley Policy 15D.12.2 and be adopted in the form shown in the attached Official Plan Amendment attached to Development Services Department report DSD-2024-011 as Attachment ‘A’, and accordingly be forwarded to the Region of Waterloo for approval; and,

  That Zoning By-law Amendment Application ZBA23/006/H/BB for Evaya Developments Inc. be approved as amended in the form shown in the ‘Proposed By-law’ and ‘Map No. 1’, attached to Development Services Department report DSD-2024-011 as Attachment ‘B’; and further,

  That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2005-170 as amended by By-law 2007-042, hereby grants draft approval to Draft Plan of Condominium Application 30CDM-23204, in the City of Kitchener, subject to the conditions shown in Attachment ‘C’."

  Carried

6.

Recess and Reconvene

The Committee recessed at 7:06 p.m. and reconvened at 7:13 p.m, chaired by Councillor P. Singh with all members present except Mayor B. Vrbanovic. 

7.

Special Meeting- Subsection 26 (3), Planning Act 

7.1

Building a Connected City Together: Official Plan Comprehensive Update Launch, DSD-2024-077

The Committee considered Development Services Department report DSD-2024-077, dated February 7, 2024 recommending that Staff begin work on a new Official Plan for Kitchener, as per Report DSD-2024-077.

T. Donegani provided an overview of the report and staff recommendation. D. Chapman, J. Readman, R. Bustamante, N. Goss and J. Zunic were also in attendance and responded to questions from the Committee.

It was noted any recommendation arising from this matter would be considered at a Special Council meeting later this date.

• On motion by Councillor S. Davey

  it was resolved:

  "That Staff be directed to initiate work on a new Official Plan for Kitchener in accordance with Development Services Department report DSD-2024-077." 

  Carried

8.

Information Items

8.1

Kitchener's Great Places Awards 2023 Program Recap - DSD-2024-080

9.

Adjournment

On motion, this meeting adjourned at 7:52 p.m.

Marilyn Mills
Committee Coordinator