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.

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The 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 May 29, 2023, and special meetings held May 29, June 5 and June 19, 2023) - Councillor D. Chapman.

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 June 26, 2023, in order to participate electronically.

That the Manager of the Kitchener Memorial Auditorium (The Aud) be authorized to execute talent offer sheets and talent purchase agreements, suite lease and rental agreements, as well as sponsorship agreements at The Aud in accordance with the approval parameters set out in Community Services Department report CSD-2023-233; said agreements to be to the satisfaction of the City Solicitor; and further,

That the Director of Sport be authorized to execute sponsorship agreements, pertaining to The Aud, in accordance with the approval parameters set out in Community Services Department report CSD-2023-233; said agreements to be to the satisfaction of the City Solicitor.

That staff prepare an issue paper for the 2024 budget process requesting an annual allocation of funds for the ongoing operations of the Creative Hub at 44 Gaukel Street; and further,

That staff assess various options of the long-term location of the Creative Hub, as outlined in Development Services Department report DSD-2023-143, and return to City Council with recommendations for consideration as part of the 2025 budget process.

That staff be directed to develop a Community Benefits Charge (CBC) strategy and bylaw, as outlined in Financial Services Department report FIN-2023-255.

That the proposed updates to Policy No. FIN-ACQ-560, Gas Purchase Policy, as proposed by Infrastructure Services Department report INS-2023-247 and provided in Appendix 'A' be approved.

That Councillors P. Singh, S. Davey, and A. Owodunni be appointed as the members of the Licensing Appeal Tribunal, as outlined in Corporate Services Department report COR-2023-246.

That staff be directed to implement the proposed traffic calming plan as outlined in Attachment 'A' (Manchester Road – Proposed Traffic Calming Plan) of Development Services Department report DSD-2023-209.

That Official Plan Amendment Application OPA/23/003/V/CD for 1928393 ONTARIO INC. requesting a land use designation change from ‘Mixed Use Corridor’ to ‘Mixed Use Corridor with Special Policy Area 2’, for the property municipally addressed as 97-101 Park Street and 186-194 Victoria Street South, to permit a 42 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 Report DSD-2023-236 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and further,

That Zoning By-law Amendment Application ZBA23/007/V/CD for 1928393 ONTARIO INC. be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Report DSD-2023-236 as Appendix ‘B’.

That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to Designate the property municipally addressed as 97 Victoria Street North as being of cultural heritage value or interest, as outlined in Development Services Department report DSD-2023-223.

That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA-2023-IV-007 be approved, as outlined in Development Services Department report DSD2023-221, to permit the alterations of and a four-storey addition to the property municipally addressed as 369 Frederick Street, in accordance with the supplementary information submitted with the application and subject to the following condition:

  1. That final building permit drawings be reviewed, and heritage clearance be provided by Heritage Planning staff prior to the issuance of a building permit.

That the 2023 Kitchener Great Places - Mike and Pat Wagner Heritage awards, as outlined in Development Services Department reports DSD-2023-248 and Addendum Report DSD-2023-275, be awarded as follows:

In the category of Preservation / Restoration:

      • 87 Scott Street; and,
      • 48 Ontario Street North; and further,

In the category of Resources Rehabilitation / Adaptive Reuse:

      • 1 Queen Street North; and,
      •  883 Doon Village Road.

That in the fall of 2023, the city’s Leisure Access fee assistance program be expanded to cover programs offered by all Neighbourhood Associations at a city-owned community centre, and staff be directed to build the financial impact of that program expansion into the 2024 operating budget, as outlined in Community Services Department report CSD-2023-125; and,

That, as a condition of affiliation with the City, all Neighbourhood Associations offering programs out of a city-owned community centre, be required to use the City’s Inclusion Support Worker program for all program participants who request such support/accommodation; and,

That in the fall of 2023, the City fund the cost of residents utilizing its Inclusion Support Worker program when participating in programs offered by a Neighbourhood Association at a City-owned community centre, and staff be directed to build the financial impact of this change into the 2024 operating budget; and,

That, the City’s Facility Booking Guidelines for Non-Profit Groups (MUN-FAC-415) be updated and clarified to reflect the following key elements:  

a.    It is vital to have a variety of programs, supports and services offered out of a community centre that meet the diverse needs of residents living in the surrounding neighbourhoods. 
b.    Neighbourhood Associations are one of the City’s important partners in the delivery of programs offered at city-owned community centres. When making decisions about the allocation of space at a city-owned community centre, the space needs of Neighbourhood Association programs should be considered alongside the space needs of other diverse programming provided by other organizations and the City.
c.    Leveraging community organizations that have specific skills, expertise and experience to offer a variety of programs and supports out of a community centre is key to the success of the centre, and the health and wellbeing of residents living in the surrounding neighbourhoods. 
d.    City staff have the final decision-making authority on the allocation and booking of space in a city-owned community centre; and,

That, the City’s Neighbourhood Affiliation Policy (MUN-FAC-324) be amended to add a condition of affiliation requiring Neighbourhood Associations that provide programming out of a City-owned community centre to:

a.    Establish and publish online an equity, diversity and inclusion policy for the Association which, at a minimum, commits to providing a variety of programs at city-owned community centres that meet the diverse needs of the residents.


b.    Have all Neighbourhood Association Board members participate in city-organized and funded EDI training on a periodic basis; and,

That, staff undertake a comprehensive review of the City’s current program registration processes (including potential improvements to ActiveNet), with a focus on improving the user experience for members of the public registering for programs and members of Neighbourhood Associations running programs; and, 

That an issue paper be prepared for Council’s consideration as part of the 2024 budget process that would outline the staffing and financial implications of opening city-owned centres on weekends, and earlier in the weekday mornings – potentially through a phased, multi-year approach; and, 

That, the City work with a representative group of Neighbourhood Associations to develop and launch a comprehensive, ongoing, city-wide promotional campaign to educate residents on the existence of the community centres and Neighbourhood Associations, as well as programs, services and supports that can be accessed at those centres; and, 

That the City test the creation of a multi-year partnership agreement between the City and one of the larger, more complex Neighbourhood Associations providing programs and other services out of a city-owned community centre and make a determination as to whether or not there is value in extending such agreements to other large Neighbourhood Associations in the future; and,

That, the City’s Neighbourhood Affiliation Policy (MUN-FAC-324) be amended to add a condition of affiliation requiring Neighbourhood Associations that provide programming out of a City-owned community centre, and have generated more than $20,000 in revenue during the previous fiscal year, to:


a.    Provide the following financial information to the City on an annual basis: (1) total revenue generated during their previous fiscal year, (2) total expenses in their previous fiscal year, and (3) total funding held in reserves/savings.

b.    Establish and publish online a reinvestment policy that will outline how the Association will reinvest net-revenues generated through programming offered at City-owned community centres into the community; and,

That, as a condition of affiliation, to support ongoing two-way sharing of information and collaboration between the City and Neighbourhood Associations providing programs out of a City-owned community centre, the Ward Councillor and a City staff person be invited to all Board meetings and the Association’s Annual General Meeting; and,

That, as a condition of affiliation, Neighbourhood Associations providing programming out of a city-owned community centre, agree to turn over any unspent funding to the City prior to ceasing to operate; and that the City provide that funding to a future Neighbourhood Association in the area or invest it into the community centre and/or surrounding neighbourhoods previously served by that Neighbourhood Association; and,

That, in order to ensure the city’s community centre operating model continually responds to changing circumstances and needs within the community, the City review and update its Facility Booking Guideline policy for non-profit groups (MUN-FAC-415), and Neighbourhood Association Affiliation policy (MUN-FAC-324) every five years; and further,

That staff bring forward a status update on the changes outlined in Community Services Department report CSD-2023-125 prior to the end of the 2026 Council Term.

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 Condominium Application 30CDM-23202 for the property municipally addressed as 630 and 690 Benninger Drive in the City of Kitchener, subject to the conditions shown in Appendix “A” of Development Services Department report DSD-2023-252.

That staff, in coordination with the Cities of Waterloo and Cambridge; and the Region of Waterloo, be directed to use the Discussion Paper in Attachment 1 as the basis for further consultation with the development industry, affordable housing providers, other affected groups and the public, as outlined in Development Services Department report DSD-2023-258; and further,

That staff, in coordination with the Cities of Waterloo and Cambridge; the Region of Waterloo, be directed to develop a draft Inclusionary Zoning Official Plan policy and implementing Zoning By-law amendments, for Council’s consideration, in accordance with the directions set out in the Discussion Paper of Attachment A of Development Services Department Report, DSD-2023-258, and with consideration of the results of the consultation process and any subsequent analysis.

That staff use the community input as summarized in the Growing Together Engagement Summary, attached as Attachment ’A‘ on Development Services Department report DSD-2023-251, to inform continued work on Growing Together.

That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation By-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-22202 in the City of Kitchener, for the property municipally addressed as 1000 New Dundee Road, for Cachet Developments (New Dundee) Incorporated, subject to the conditions attached to Development Services Department report DSD-2023-237 as Appendix “A”, and further,

That Zoning By-law Amendment Application ZBA22/021/N/KA to amend Zoning By-law 2019-051 for Cachet Developments (New Dundee) Incorporated, for the property municipally addressed as 1000 New Dundee Road be approved in the form shown in the “Proposed By-law” and “Map No. 1” attached to Development Services Department report DSD-2023-237 as Appendix “B”.

That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-18202 in the City of Kitchener for the Vacant land on the corner of Bleams Road and Gehl Place, for 2079546 Ontario Limited (Mattamy Homes Canada), subject to the conditions attached to Development Services Department Report DSD-2023-256 as Appendix ‘A’; and,

That Official Plan Amendment Application OP18/006/B/GS for 2079546 Ontario Limited requesting a change to the Land Use Designation on the parcels of land specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2023-256 as Appendix ’B’, and accordingly forwarded to the Region of Waterloo for approval; and further,

That Zoning By-law Amendment Application ZBA18/007/B/GS to amend Zoning By-laws 85-1 and 2019-051 for 2079546 Ontario Limited be approved in the form shown in the “Proposed By-law” and “Map No. 1” attached to Report DSD-2022-366 as Appendix ‘C’.

That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-19201 in the City of Kitchener, for the property municipally addressed as 321-325 Courtland Ave, 230 and 240 Palmer Ave and 30 Vernon Ave, for 321 Courtland Ave Developments Inc. subject to the conditions attached to Development Services Department Report DSD-2023-254 as Appendix ‘A’; and

That Official Plan Amendment Application OPA/19/002/C/GS 321 Courtland Ave Developments Inc. requesting a change in land use designation on the parcels of land specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2023-254 as Appendix ‘B’, and accordingly forwarded to the Region of Waterloo for approval; and

That Deferral No. 8 from Map 6 - Natural Heritage System in the 2014 OP be lifted on the parcels of land specified and illustrated on Schedule ‘B’; be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2023-254 as Appendix ‘B’, and accordingly forwarded to the Region of Waterloo for approval; and

That Zoning By-law Amendment Application ZBA19/005/C/GS for 321 Courtland Ave Developments Inc. be approved in the form shown in the ‘Proposed By-laws’, and ‘Map No. 1’, attached to Report DSD-2023-252 as Appendix ‘C’; and further

That the Urban Design Report dated February 2023 and attached to Report DSD-2023-254 as Appendix ‘D’, be adopted, and that staff be directed to apply the Urban Design Report through the Site Plan Approval process.

That Official Plan Amendment Application OPA22/016/H/BB for the property municipally addressed as 130, 140 Highland Road and 270 Spadina Avenue, for 270 Development Inc. be adopted in the form shown in the Official Plan Amendment attached to Development Services Department Report DSD-2023-260 as Attachments A, and, accordingly, forwarded to the Regional Municipality of Waterloo for approval; and,

That Zoning By-law Amendment Application ZBA22/028/H/BB for 270 Development Inc. be approved, as amended in the form shown in the Proposed By-law and Map No. 1, attached to Report DSD-2023-260 as Attachments ‘B’; and further,

That the Urban Design Brief prepared by MHBC Planning, (Revised dated April 2023), attached as Attachment ‘C’ to report DSD-2023-260 be endorsed, and that staff be directed to implement the Urban Design Brief through future Site Plan Approval processes.

That City Initiated Official Plan Amendment OPA23/001/K/TR, for the purpose of implementing Bill 13, Bill 109, and Bill 23, including policies to delegate certain minor zoning by-law amendments to staff, policies to update public consultation matters, and to update the Official Plan to reflect new Provincial legislation, be adopted in the form shown in the Official Plan Amendment attached to Development Services Department Report DSD-2023-239 as Appendix ‘A1’, and accordingly forwarded to the Region of Waterloo for approval; and,

That City Initiated Zoning By-law Amendment Application ZBA23/004/K/TR to amend Zoning By-law 85-1, be approved in the form shown in the “Proposed By-law” attached to Report DSD-2023-239 as Appendix ‘B1’; and,

That City Initiated Zoning By-law Amendment Application ZBA23/004/K/TR to amend Zoning By-law 2019-051, be approved in the form shown in the “Proposed By-law” attached to Report DSD-2023-239 as Appendix ‘B2’, for the purpose of adding new regulations for developments no longer subject to site plan control relating to design and site functionality elements, and to align with new permissions for Additional Dwelling Units; and,

That the By-law 2005-170 and By-law 2007-042 and By-law 2012-069, being the City of Kitchener Delegated Approval By-law, as amended, be repealed and replaced with the “Proposed By-law” attached to Report DSD-2023-239 as Appendix ‘C’, to delegate minor zoning by-law amendments including the removal of Holding provisions and zoning by-law amendments which are minor in nature to make clerical, technical, administrative, and other minor amendments to the Zoning By-law to the Director of Planning; and,

That the By-law 2007-41, as amended by By-law 2012-070, being Chapter 683 – Site Plan Control of the Municipal Code, as amended, be repealed, and replaced with the “Proposed By-law” attached to Report DSD-2023-239 as Appendix ‘D’, for the purpose of updating the Municipal Code to align with revised site plan control requirements in the Planning Act; and,

That the By-law 2013-093, being Chapter 620 - Demolition Control of the Municipal Code, be amended by the “Proposed By-law” attached to Report DSD-2023-239 as Appendix ‘E’, to include lands zoned RES 1 through RES-5 within the Demolition Control Area; and,

That Council Policy MUN-PLA-1095 - Public Participation in the Planning Process, be amended by the “Proposed Council Policy” attached to Report DSD-2023-239 as Appendix ‘F’, to recognize current practices which include postcard notifications to property owners and occupants within 240 metres, to have digital Neighbourhood Meeting for development applications, and to allow for revised notice requirements; and,

That Council Policy FIN-GRA-2006 - Development Charges Payment for Affordable Rental Housing and FIN-PLA-2031 - Affordable Housing Development Charges Waiver Policy, attached as Appendix ‘G’, be repealed in their entirety as due to recent changes to the Development Charges Act through Bill 23, non-profit housing developments are now exempt from paying Development Charges (DCs); and further,

That two additional FTEs be added to the core complement of the Planning Division to support the timely review of development application in accordance with the timeframes prescribed by Provincial legislation.

Councillor P. Singh has given notice to introduce the following motion for consideration this date:

"WHEREAS the City of Kitchener recognizes the importance of promoting sustainability and reducing electronic waste; and,
WHEREAS the City of Kitchener has a responsibility to dispose of their end of useful life desktops and laptops in a sustainable manner; and,
WHEREAS end of useful life desktops and laptops can still be used for charitable purposes; and,
WHEREAS donating these devices can provide much-needed resources to community members and charitable organizations in Kitchener; and,
WHEREAS the City of Kitchener does donate end of useful life desktops and laptops to non-profit groups currently; 
THEREFORE BE IT RESOLVED that staff be directed to report back prior to the end of fall 2023, on the possible options to expand the ability to donate end of useful life desktops and laptops to community members and charitable organizations, considering relevant asset disposal procedures, software licensing considerations and distribution of these assets to provide maximum community benefit and promote sustainability."

Councillor D. Schnider has given notice to introduce the following motion for consideration this date:

"WHEREAS the Cities of Kitchener, Waterloo, Cambridge and the Region of Waterloo entered into an agreement with Neuron Mobility for the provision of a shared micro mobility program that includes E-Scooters and E-Bikes; and,
 
WHEREAS over 125,000km of trips have already been taken region wide since April demonstrating demand and public buy in; and, 
 
WHEREAS neuron e-bikes are not currently permitted to operate with e-assist on any Multi-use Trail beyond the municipal rights-of-way; 
 
THEREFORE BE IT RESOLVED that staff be directed to amend the existing agreement with Neuron Mobility to extend the same use, rights and privileges to Neuron’s e-bikes as is offered for the electric kick scooters , including ridership on any multi-use trail beyond the municipal rights-of-way excluding unsurfaced trails such as granular and dirt trails under the ownership and/or operation of the City of Kitchener for the duration of the agreement; and, 
 
THEREFORE BE IT FURTHER RESOLVED That City’s municipal by-laws be amended as necessary; and,
 
THEREFORE BE IT FINALLY RESOLVED that the General Manager of Development Services be authorized to execute the amended agreement between the City of Kitchener and Neuron Mobility."

Councillor J. Deneault has given notice to introduce the following motion for consideration this date:

"WHEREAS the continued growth and success of one of Canada’s fastest growing communities and its largest innovation ecosystem as one of the top global ecosystems is reliant on efficient public transportation linkages between Kitchener and Toronto, not only for economic reasons but also for cultural, recreational and tourism opportunities; and,
WHEREAS demand on the Kitchener line throughout the post-pandemic recovery period continues to see significant ridership growth, both during the week and on weekends,
WHEREAS the Province is currently reviewing its plans to expand and improve the GO Train and Bus service in Southwestern Ontario;
THEREFOR BE IT RESOLVED that the Kitchener City Council acknowledges the economic, cultural, recreational and social benefits that additional evening and weekend Go Train service connecting Kitchener to Toronto would have on our community, and further;
THEREFORE BE IT FINALLY RESOLVED that Kitchener City Council advocates with Go Transit and the Province of Ontario for the prioritization and continued timely improvement and expansion of the GO Transit Kitchener line between Kitchener and Toronto, both during the week in terms of Two-way, All-day service during the week, and expanded service during weekends."

"This resolution calls on the federal government to acknowledge mental health as a national emergency, to commit to tripartite policy discussions aimed at making mental health an integral part of Canada’s healthcare system and developing a comprehensive national mental health strategy."

"This resolution mandates FCM to call on the federal government to provide long-term funding and resource supports for local governments as they address homelessness, to ensure the sustainability of new supportive housing by urging provinces and territories to provide wraparound services, and to create a national strategy to support local efforts to scale up programs such as the Rapid Housing Initiative and Reaching Home."

"This resolution firmly declares that Canada needs a modernized fiscal framework for municipalities, that FCM shall lead the development of a Municipal Growth Framework that links municipal financial capacity to factors such as national population growth and economic growth, and that FCM shall call on the federal government to engage with FCM in the development of that framework with a focus on new sources of municipal revenue."