Planning and Strategic Initiatives

Committee Minutes

Monday, September 18, 2023 at 6:00 P.m. - 8:30 P.m.

Council Chambers - Hybrid

City of Kitchener

200 King Street W, Kitchener, ON N2G 4G7

Present:

• Mayor B. Vrbanovic
• Councillor S. Davey
• Councillor D. Schnider
• Councillor J. Deneault
• Councillor C. Michaud
• Councillor A. Owodunni
• Councillor P. Singh
• Councillor B. Ioannidis
• Councillor M. Johnston
• Councillor D. Chapman
• Councillor A. Clancy

Staff:

• J. Readman, General Manager, Development Services
• J. Lautenbach, Chief Financial Officer, Financial Services
• D. McGoldrick, General Manager, Infrastructure Services
• R. Bustamante, Director, Planning
• B. Cronkite, Director, Transportation Services
• J. Silcox-Childs, Director, Parks & Cemeteries
• G. Stevenson, Manager, Development Review
• D. Kropf, Manager, Active Transportation & Development
• L Christensen, Project Manager, Trails
• K. Anderl, Project Manager, Planning
• E. Rumble, Coordinator, Arts & Creative Industries
• T. Seyler, Senior Planner
• C. Dumart, Senior Planner
• D. Saunderson, Deputy Clerk
• M. Blake, Committee Administrator
• M. Mills, Committee Administrator

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1.

Commencement

The Planning and Strategic Initiatives Committee held a meeting this date commencing at 6:00 p.m.

2.

Disclosure of Pecuniary Interest and the General Nature Thereof

2.1

Councillor A. Clancy - Zoning By-law Amendment Application ZBA23/013/S/CD, Lifting of Holding Provision 24H, 134-154 Shanley Street, 2701098 Ontario Inc., DSD-2023-263

Councillor A. Clancy declared a pecuniary interest with respect to Zoning By-law Amendment Application ZBA23/013/S/CD, Lifting of Holding Provision 24H, 134-154 Shanley Street, 2701098 Ontario Inc., DSD-2023-263 on the agenda this date as she resides within the vicinity of the subject property. Accordingly, Councillor A. Clancy did not participate in any discussion or vote regarding this matter.

2.2

Councillor P. Singh - Zoning By-law Amendment Application ZBA23/032/V/CD, Lifting of Holding Provision 43H, 120 Victoria Street South, Glovebox (2019) Inc, DSD-2023-400

Councillor P. Singh declared a pecuniary interest with respect to Zoning By-law Amendment Application ZBA23/032/V/CD, Lifting of Holding Provision 43H, 120 Victoria Street South, Glovebox (2019) Inc, DSD-2023-400 on the agenda this date as a member of his family owns property in the vicinity of the subject property. Accordingly, Councillor P. Singh did not participate in any discussion or vote regarding this matter.

2.3

Councillor P. Singh - Official Plan Amendment Application OPA22/004/V/KA, Zoning By-law Amendment Application ZBA22/006/V/KA, 130-142 Victoria Street South, 1936026 Ontario Inc., DSD-2023-365

Councillor P. Singh declared a pecuniary interest with respect to Official Plan Amendment Application OPA22/004/V/KA, Zoning By-law Amendment Application ZBA22/006/V/KA, 130-142 Victoria Street South, 1936026 Ontario Inc., DSD-2023-365 on the agenda this date as a member of his family owns property in the vicinity of the subject property. Accordingly, Councillor P. Singh did not participate in any discussion or vote regarding this matter.

3.

Consent Items

3.1

Zoning By-law Amendment Application ZBA23/013/S/CD, Lifting of Holding Provision 24H, 134-154 Shanley Street, 2701098 Ontario Inc., DSD-2023-263

• Councillor A. Clancy declared a conflict on this item. (Councillor A. Clancy declared a pecuniary interest with respect to Zoning By-law Amendment Application ZBA23/013/S/CD, Lifting of Holding Provision 24H, 134-154 Shanley Street, 2701098 Ontario Inc., DSD-2023-263 on the agenda this date as she resides within the vicinity of the subject property. Accordingly, Councillor A. Clancy did not participate in any discussion or vote regarding this matter.)

The Committee considered Development Services Department report DSD-2023-263, dated August 21, 2023 recommending approval of Zoning By-law Amendment Application ZBA23/013/S/CD, for the properties municipally addressed as 134-154 Shanley Street.

• On motion by Councillor D. Chapman

  it was resolved:

  "That Zoning By-law Amendment Application ZBA23/013/S/CD for 2701098 Ontario Inc., for the property municipally addressed as 134-154 Shanley Street, for the purpose of removing Holding Provision 24H from the lands specified in the attached 'Map No.1', in the form shown in the 'Proposed By-law' attached to the Development Services Department report DSD-2023-263 as Appendix 'A', be approved."

  Carried

3.2

Uncollectable Miscellaneous Receivable Accounts Write-Off, FIN-2023-293

The Committee considered Financial Services Department report FIN-2023-293, dated July 10, 2023 recommending that uncollectable Miscellaneous Receivable Accounts amounting to $19,485 be written off against the Allowance for Doubtful Receivables.

• On motion by Councillor D. Chapman

  it was resolved:

  "That uncollectable Miscellaneous Receivable Accounts amounting to $19,485 be written off against the Allowance for Doubtful Receivables, as outlined in Financial Services Department report FIN-2023-293".

  Carried

3.3

Uncollectable Utility Receivable Write-Off, FIN-2023-294

The Committee considered Financial Services Department report FIN-2023-294, dated July 10, 2023 recommending that uncollectable utility accounts amounting to $109,658 be written off against the allowance for doubtful utility receivables.

• On motion by Councillor D. Chapman

  it was resolved:

  "That uncollectable utility accounts amounting to $109,658 be written off against the allowance for doubtful utility receivables, as outlined in Financial Services Department report FIN-2023-294."

  Carried

3.4

Applications for Cancellation, Refund, Reduction of Taxes, FIN-2023-354

The Committee considered Financial Services Department report FIN-2023-254, dated August 29, 2023 recommending approval of the applications to City Council for write-off, cancellation, reduction, or refund of taxes totaling $656,395.31. 

• On motion by Councillor D. Chapman

  it was resolved:

  "That the applications to City Council for write-off, cancellation, reduction, or refund of taxes totalling $656,395.31 as attached to Financial Services Department report FIN-2023-354, be approved, pursuant to Sections 354 and 357 of the Municipal Act, S.O. 2001, c. 25 (“the Act”)."

  Carried

3.5

Zoning By-law Amendment Application ZBA23/032/V/CD, Lifting of Holding Provision 43H, 120 Victoria Street South, Glovebox (2019) Inc, DSD-2023-400

• Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared a pecuniary interest with respect to Zoning By-law Amendment Application ZBA23/032/V/CD, Lifting of Holding Provision 43H, 120 Victoria Street South, Glovebox (2019) Inc, DSD-2023-400 on the agenda this date as a member of his family owns property in the vicinity of the subject property. Accordingly, Councillor P. Singh did not participate in any discussion or vote regarding this matter.)

Councillor P. Singh vacated the Chair at this time.

Councillor D. Chapman assumed the Chair at this time.

The Committee considered Development Services Department report DSD-2023-400, dated September 1, 2023 recommending approval of Zoning By-law Amendment Application ZBA23/032/V/CD, for the property municipally addressed as 120 Victoria Street South.

• On motion by Councillor A. Owodunni

  it was resolved:

  "That Zoning By-law Amendment Application ZBA23/032/V/CD for Glovebox (2019) Inc., for the property municipally addressed as 120 Victoria Street South, for the purpose of removing Holding Provision 43H from the lands specified in the attached 'Map No.1', in the form shown in the 'Proposed By-law' attached to Development Services Department report DSD-2023-400 as Appendix 'A', be approved."

  Carried

4.

Discussion Items

Councillor P. Singh resumed the Chair at this time.

4.1

Kitchener Public Library, Southwest Public Artwork Commission, DSD-2023-368

The Committee considered Development Services Department report DSD-2023-368, dated August 16, 2023 recommending that the commission and installation of a new artwork, “Wintertime Stories” by Isaac Murdoch and Nyle Miigizi Johnston, at the Kitchener Public Library’s new southwest community facility, be approved; and, that the Mayor and Clerk be authorized to implement an agreement, satisfactory to the City Solicitor, with the artists’ representative, Highness Global Inc., outlining the obligations of the library public art commission.

E. Rumble provided an overview of the report and staff recommendation and responded to questions from the Committee. M. Chevreau, CEO, Kitchener Public Library was also in attendance to respond to questions from the Committee.

• On motion by Councillor M. Johnston

  it was resolved:

  "That the commission and installation of a new artwork, “Wintertime Stories” by Isaac Murdoch and Nyle Miigizi Johnston, at the Kitchener Public Library’s new southwest community facility, be approved, as outlined in Development Services Department report DSD-2023-368; and further,

  That the Mayor and Clerk be authorized to implement an agreement, satisfactory to the City Solicitor, with the artists’ representative, Highness Global Inc., outlining the obligations of the library public art commission."

  Carried

4.2

Active Transportation Progress Report, DSD-2023-007

The Committee considered Development Services Department report DSD-2023-007, dated September 8, 2023 recommending Report DSD-2023-007 be received as the first progress report for the Cycling and Trails Master Plan.

D. Kropf and L. Christensen provided an overview of the report and staff recommendation noting, since it’s approval in late 2020, 24 of the 35 actions identified in Kitchener's Cycling Trail Masterplan have been achieved. B. Cronkite and J. Silcox-Childs were also in attendance to respond to questions from the Committee.     

R. Rahman provided comments on behalf of the Active Transportation and Trails Advisory Committee noting the Advisory Committee is pleased with the progress made on the Cycling and Trails Master Plan, as well as other active transportation and trail initiatives.

S. Fritz provided comments in support of the report and staff recommendation. In response to questions from the Committee, S. Fritz noted consistent safety measures across all intersection crossings, where roads are connected to trails may improve the safety of cyclists and drivers.

A. Qizilbash provided comments in support of the report and staff recommendation.

S. Devries provided comments in support of the report and staff recommendation however noted suburbs and school areas currently considered as low priority in the Cycling and Trails Master Plan should be re-assessed. In response to questions from the Committee, S. Devries noted additional signage on trails for directional navigation would be of benefit to cyclists.

I. Graham provided comments in opposition to the report specifically in reference cycling lanes on Joseph Street. I. Graham noted cycling lanes are inappropriate on a one-way street as it requires residents and emergency medical services to use longer travel routes in order to access homes on this street. In response, D. Kropf noted consultations were held with emergency medical services prior to converting some streets into one-way lanes to facilitate cycling lanes.

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

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

Councillor A. Owodunni left the meeting at this time.

• On motion by Councillor M. Johnston

  it was resolved:

  "That Development Services Department report DSD-2023-007 be received as the first progress report for the Cycling and Trails Master Plan."

  Carried

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 ZBA23/019/W/TS, 229 Wellington Street North, Peter Markin, DSD-2023-382

The Committee considered Development Services Department report DSD-2023-382, dated August 21, 2023, recommending approval of Zoning By-law Amendment Application ZBA23/019/W/TS for the property municipally addressed as 229 Wellington Street North.

T. Seyler provided a presentation summarizing the application and recommendation for approval noting, the proposed development contributes to the diversity of housing in the neighbourhood. G. Stevenson and R. Bustamante were also in attendance to respond to questions from the Committee.

Councillor D. Schnider left the meeting at this time.

Councillor A. Owodunni re-entered the meeting at this time.

J. Henry, Arcadis Professional Services (Canada) Inc. and P. Markin, the applicant were in attendance and responded to questions from the Committee.

J. Verkley provided comments in opposition to the staff recommendation noting the proposed development further contributes to the reduced availability of parking spaces for Kitchener residents living in storey buildings. 

• On motion by Councillor A. Clancy

  it was resolved:

  "That Zoning By-law Amendment Application ZBA23/019/W/TS requesting to amend Zoning By-law 2019-051, for Peter Markin, for the property municipally addressed as 229 Wellington Street North, be approved in the form shown in the ‘Proposed By-law’ and ‘Map No. 1’ attached to Development Services Department report DSD-2023-382 as Attachments ‘A1’ and ‘A2’."

  Carried

5.2

Official Plan Amendment Application OPA22/004/V/KA, Zoning By-law Amendment Application ZBA22/006/V/KA, 130-142 Victoria Street South, 1936026 Ontario Inc., DSD-2023-365

• Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared a pecuniary interest with respect to Official Plan Amendment Application OPA22/004/V/KA, Zoning By-law Amendment Application ZBA22/006/V/KA, 130-142 Victoria Street South, 1936026 Ontario Inc., DSD-2023-365 on the agenda this date as a member of his family owns property in the vicinity of the subject property. Accordingly, Councillor P. Singh did not participate in any discussion or vote regarding this matter.)

Councillor P. Singh vacated the Chair at this time.

Councillor D. Chapman assumed the Chair at this time.

The Committee considered Development Services Department report DSD-2023-365, dated August 14, 2023, recommending adoption of Official Plan Amendment Application OPA/22/004/V/KA; adoption of Zoning By-law Amendment Application ZBA22/006/V/KA, and the endorsement of the Development Concept prepared by Arcadis Professional Services (Canada) Inc, for the property municipally addressed as 130-142 Victoria Street South.

K. Anderl provided a presentation summarizing the application and recommendation for approval. G. Stevenson and R. Bustamante were also in attendance to respond to questions from the Committee.

V. Labreche, Arcadis Professional Services and D. Poletti, Core Architects provided a presentation and responded to questions from the Committee. E. Bailey, Paradigm and Chris Uchiyana, LHC Heritage Planning were also in attendance to respond to questions from the Committee. 

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

Councillor P. Singh re-entered the meeting at this time, but due to the previously declared conflict did not participate in any voting or discussion in this matter.

In response to questions from the Committee, D. Poletti noted heritage characteristics of the existing building will be commemorated within the proposed development.

• On motion by Councillor M. Johnston

  it was resolved:

  "That Official Plan Amendment Application OPA/22/004/V/KA for 1936026 ONTARIO INC. requesting a land use designation change from ‘Mixed Use’ to ‘Mixed Use with ‘Specific Policy Area 7’ to permit a 25-storey mixed-use development 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-2023-365 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and,

  That Zoning By-law Amendment Application ZBA22/006/V/KA for 1936026 ONTARIO INC., for the property municipally addressed as 130-142 Victoria Street South, be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Development Services Department report DSD-2023-365 as Appendix ‘B’; and further,

  That the Development Concept as provided in the ‘Addendum to Urban Design Brief dated December 23, 2021, 130-142 Victoria Street South, Kitchener’, prepared by Arcadis Professional Services (Canada) Inc., and dated June 14, 2023, attached to Development Services Department report DSD-2023-365 as Appendix ‘F’ be endorsed."

  Carried

5.3

Official Plan Amendment Application OPA23/010/C/CD, Zoning By-law Amendment Application ZBA23/016/C/CD, 332 Charles Street East, 332 Charles GP Inc., DSD-2023-300

Councillor P. Singh re-assumed the Chair.

The Committee considered Development Services Department report DSD-2023-300, dated August 21, 2023, recommending adoption of Official Plan Amendment Application OPA/23/010/C/CD; and Zoning By-law Amendment Application ZBA23/016/C/CD for the property municipally addressed as 332 Charles Street East.

C. Dumart provided a presentation summarizing the application and recommendation for approval noting the proposed development supports in meeting density targets within the MTSA. G. Stevenson and R. Bustamante were also in attendance to respond to questions from the Committee.

J. Von Westerholt, MHBC Planning and S. Litt, Vive Development were in attendance and responded to questions from the Committee. In response to questions from the Committee, S. Litt noted provision of affordable units within the proposed development will be considered.

Councillor D. Chapman brought forward a motion to approve the staff recommendation as outlined in Report DSD-2023-300.

Councillor S. Davey brought forward an amendment to the motion to include an additional clause in the recommendation, "that staff engage with the applicant to assess the potential for additional density, commensurate with additional community benefit, and return with any viable options for Council on September 25th, 2023; and further, that community benefits prioritize, but are not limited to, affordability, and/or environmental considerations".

Councillor S. Davey's amendment was voted on and was Carried.

The following motion as amended was then voted on and was Carried.

• On motion by Councillor D. Chapman

  it was resolved:

  "That Official Plan Amendment Application OPA/23/010/C/CD for 332 Charles GP Inc., for the property municipally addressed as 332 Charles Street East, requesting a land use designation change from ‘Mixed Use Corridor with Special Policy Area 1’ to ‘Mixed Use Corridor with Special Policy Area 12’ to permit a 17-storey mixed use development 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-2023-300 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and further,

  That Zoning By-law Amendment Application ZBA23/016/C/CD for 332 Charles GP Inc. be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Development Services Department report DSD-2023-300 as Appendix ‘B’; and,

  That staff be directed to engage with the applicant to assess the potential for additional density commensurate with community benefits that prioritize, but are not limited to, affordability, and/or environmental considerations; and further,

  That staff bring forward any viable options for additional density to Council on September 25, 2023."

  Carried, as amended

6.

Information Items

Pursuant to Chapter 25 (Procedure) of the Municipal Code, a motion was brought forward by Councillor D. Chapman to discuss Information Items 7.1 and 7.2 listed on the agenda, which was voted on and was Carried.

6.1

2023 Business Plan – August Progress Report, CAO-2023-389

The Committee considered Chief Administrative Officer report CAO-2023-389, which included a status update on the items outlined in the 2023 Business Plan.

Councillor C. Michaud left the meeting at this and re-entered.

J. Readman and D. McGoldrick were in attendance and responded to questions from the Committee.

6.2

Planning Division Significant Planning Applications, Projects and Housing Pledge Update - Quarterly Report, DSD-2023-401

The Committee considered Development Services Department report DSD-2023-401, with provided a status update on the Planning applications for the 2023 year.

R. Bustamante and G. Stevenson were in attendance and responded to questions from the Committee.

7.

Adjournment

On motion, this meeting adjourned at 9:45 p.m.

Marilyn Mills
Committee Administrator