Council Meeting Agenda

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Council Chambers - Hybrid
City of Kitchener
200 King Street W, Kitchener, ON N2G 4G7

People interested in participating in this meeting can register online using the delegation registration form at www.kitchener.ca/delegation or via email at delegation@kitchener.ca. Please refer to the delegation section on the agenda below for registration in-person and electronic participation deadlines. Written comments received will be circulated prior to the meeting and will form part of the public record.

The meeting live-stream and archived videos are available at www.kitchener.ca/watchnow

*Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.*


The electronic meeting will begin with a Land Acknowledgement given by the Mayor and the singing of “O Canada.”

Minutes to be accepted as circulated to the Mayor and Councillors (regular meeting held January 30, 2023, and special meetings held January 23 and 30, 2023) - Councillor J. Deneault.

Pursuant to Council’s Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. All Delegations where possible are encouraged to register prior to the start of the meeting. For Delegates who are attending in-person, registration is permitted up to the start of the meeting. Delegates who are interested in attending virtually must register by 5:00 p.m. on February 27, 2023, in order to participate electronically.

That the 2023-2027 Accessibility Plan, as attached to Community Services Department report CSD-2023-004, be approved as the Corporation of the City of Kitchener’s Accessibility Plan.

That the complaint of McLean-Peister Limited in relation to the City of Kitchener’s development charges imposed for its development at 375 New Dundee Road as set out in Financial Services Department report FIN-2023-064 be dismissed.

That the Uniform Traffic and Parking Bylaw be amended to prohibit parking on the north (even-numbered) side of Briar Knoll Drive from a point 68 m west of Calmcrest Drive to a point 29 meters west thereof, as outlined in Development Services Department report DSD-2023-023.

That the Mayor and Clerk be authorized to execute an agreement, subject to the satisfaction of the City Solicitor, with Ontario Health for the Multi-Sector Service Accountability Agreement, as outlined in Community Services Department report CSD-2023-008; and further,

That the CAO or the Deputy CAO of Community Services be authorized to execute the necessary documentation relating to compliance, reporting, and operational matters required by the Multi-Sector Service Accountability Agreement between The Corporation of the City of Kitchener and Ontario Health.

That Chapter 633 (Fill - Dumping Alteration of Grade) of the City of Kitchener Municipal Code be amended to include the Site Alteration By-law as outlined in Attachment 'A' of Development Services Department report DSD-2023-058.

That the following motion be deferred to the March 20, 2023 Council Meeting to allow an opportunity to further review the scoring for alternative 4 outlined in the Environmental Assessment; the traffic demand needs for the community; alternative servicing and construction options; additional environmental impacts such as flooding and salt contamination; impacts on future development and housing supply; and, future construction of Robert Ferrie Drive:

"That the Biehn Drive and Trunk Sanitary Sewer Extension Class Environmental Assessment (EA) - Environmental Study Report (ESR), prepared by BT Engineering, dated January 18, 2023, be received; and,

That the Biehn Drive and Trunk Sanitary Sewer Extension Environmental Study Report (ESR), be filed with the Ministry of the Environment Conservation and Parks (MECP) for the mandatory thirty (30) day review period as required by the Environmental Assessment (EA) Act, as outlined in Development Services Department report DSD-2022-188."

That Official Plan Amendment Application OPA22/02/F/BB for 2467491 Ontario Inc. requesting a change to the Land Use Designation on the parcel of land specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment as Appendix “A” to Development Services Department report DSD-2023-051, and be forwarded to the Region of Waterloo for approval; and,

That Zoning By-law Amendment Application ZBA22/02/F/BB for 2467491 Ontario Inc. for the property municipally addressed as 142-146 Fergus Avenue, be approved in the form shown in the “Proposed By-law” and “Map No. 1” attached as Appendix “B” to Report DSD-2023-051; and,

That the Urban Design Brief prepared by GSP Group Inc. and attached as Appendix “C” to report DSD-2023-051 be adopted, and that staff be directed to apply the Urban Design through the Site Plan Approval process; and further,

That staff be directed to work with the applicant to potentially increase the density and possibility of accommodating affordable housing units, and to report information back at the February 27, 2023 Council Meeting.

That Zoning By-law Amendment Application ZBA22/027/B/CD for Activa Holdings Inc. for a vacant parcel identified as Blocks 22, 25, 28 and part of blocks 20, 21, 23, 24, 26, 27, 29 Plan 58M-643 (Trussler West Subdivision) be approved in the form shown in the “Proposed By-law”, and “Map No. 1”, attached to Development Services Department Report, DSD-2023-054 as Appendix “A”.

"That the following motion be deferred to the February 27, 2023 Council Meeting, as requested by the applicant to allow additional time to review options that were discussed at the Planning and Strategic Initiatives Committee on January 9, 2023, related to on-site minimum parking rates, potential building re-design, removal of Becker Street from the proposed rezoning and to explore options regarding parking on Becker Street and on the land legally described as Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1:

"That Official Plan Amendment Application OP17/003/F/GS for Henry Walser Funeral Home Ltd, Leeann Marie Walser, Henry James Walser and 2544770 Ontario Inc. for the property municipally addressed as 507 Frederick Street, 40, 44, & 48 Becker Street, and a triangular shaped portion of land legally described as Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1., requesting a Commercial land use designation and Specific Policy Area 58 to permit a crematorium/cremator as an accessory use to a funeral home, on the lands specified and illustrated on Schedule ‘A’ and on Schedule ‘B’, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD-2022-478 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and,

That Zoning By-law Amendment Application ZC17/010/F/GS requesting to amend Zoning By-law 85-1, for Henry Walser Funeral Home Ltd, Leeann Marie Walser, Henry James Walser and 2544770 Ontario Inc. be approved in the form shown in the “Proposed By-law”, and “Map No. 1”, attached to Report DSD-2022-478 as Appendix ‘B’; and,

That Zoning By-law Amendment Application ZC17/010/F/GS requesting to amend Zoning By-law 2019-051, for Henry Walser Funeral Home Ltd, Leeann Marie Walser, Henry James Walser and 2544770 Ontario Inc. be approved in the form shown in the “Proposed By-law”, and “Map No. 1”, attached to Report DSD-2022-478 as Appendix ‘C’; and,

That the Proposed By-law to amend Zoning By-law 2019-051, attached to Report DSD-2022-478 as Appendix ‘C’, as amended shall have no force and effect against the subject lands until the date that all appeals relating to By-law 2022-040 (Comprehensive Review of the Zoning By-law (CRoZBy) Stage 2b – Applying New Residential Zones on Properties) in relation to the subject lands have been withdrawn or decided and any applicable appeal periods have expired; and,

That in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZC17/010/F/GS; and,

That Council give approval under Section 83(3) of the Funeral, Burial and Cremation Services Act, to establish a Crematorium proposed at 507 Frederick Street; and further,

That under Section 84(4) of the Funeral, Burial and Cremation Services Act, staff be directed to send a copy of the Council decision to the Provincial registrar and the owner, and that staff also be directed to publish notice of the decision in The Record newspaper."

Councillor M. Johnston has given notice to introduce the following motion for consideration this date:

"That the 2023 Council and Committee calendar be amended to reschedule Audit Committee from March 20, 2023 to April 17, 2023."

Councillor B. Ioannidis has given notice to introduce the following motion for consideration this date:

"WHEREAS 30km/h school zones have been implemented across the City as per the Council approved Neighbourhood Speed Limit project;

WHEREAS safety concerns regarding speeding and street safety continue to be a top concern for Kitchener residents;

WHEREAS school zone bylaws on Region of Waterloo and City of Kitchener streets are not consistent in terms of the speed limit and time of day and time of year; and,

Whereas Automated Speed enforcement (ASE) has been installed on Westheights Drive and Franklin Street and residents find driving under the 30km/h hour posted speed limit extremely challenging;

THEREFORE BE IT RESOLVED THAT staff be directed to investigate appropriate speed limits and time of day restrictions in school zones on City of Kitchener streets and report back to Council prior to the start of the 2023 school year;

THEREFORE BE IT FURTHER RESOLVED THAT staff be directed to review the appropriate speed limit in ASE zones for Westheights Drive and Franklin Street and report back on this matter prior to the fall 2023.”

That effective immediately Councillor C. Michaud be appointed as an alternate member to the Dog Designation Appeal Committee for the term ending November 14, 2023, as outlined on the Corporate Services Department report COR-2023-075.