Council Meeting Minutes

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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 S. Stretch
  • Councillor D. Chapman
Staff:
  • D. Chapman, Chief Administrative Officer
  • M. May, General Manager, Community Services and Deputy Chief Administrator
  • V. Raab, General Manager, Corporate Services
  • J. Readman, General Manager, Development Services
  • J. Lautenbach, Chief Financial Officer, Financial Services
  • D. McGoldrick, General Manager, Infrastructure Services
  • B. Rowland, Director, Corporate Communications and Marketing
  • A. Fusco, Director Legislated Services / City Clerk
  • K. Hughes, Assistant City Solicitor
  • R. Bustamante, Director Planning & Housing Policy (virtually)
  • G. Stevenson, Director, Development & Housing Approvals
  • N. Goss, Manager, Policy & Research
  • T. Donegani, Senior Planner
  • A. Clark, Senior Urban Designer
  • J. Zunic, Senior Planner
  • D. Saunderson, Deputy Clerk

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

Mayor B. Vrbanovic acknowledged Ramadan and extended heartfelt wishes to the Islamic community in Kitchener and everywhere. Mayor Vrbanovic provided remarks on how the month is celebrated and encouraged residents to take the opportunity to learn more about Ramadan.

Mayor B. Vrbanovic noted on March 21st, the City of Kitchener joins cities around the world in marking the International Day for the Elimination of Racial Discrimination, standing united in our commitment to eradicate all forms of racism from our community, and everywhere. 

On motion by Councillor D. Schnider the minutes of the regular meeting held February 12, 2024, and special meetings held February 12 and February 26, 2024, as mailed to the Mayor and Councillors, were accepted.

Councillor P. Singh declared a conflict with regards to the delegation presentation on the Bramm Street Parking User Rate Changes, as he has family that owns property within the vicinity, and he did not participate in any voting or discussion on the matter.

Councillor P. Singh declared a conflict with regards to Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, including the associated By-laws included on the agenda for three readings, as he has family that owns property within the vicinity, and he did not participate in any voting or discussion on the matter.

Councillor C. Michaud declared a conflict with regards to the properties municipally addressed as 84 Frederick Street and 79 and 87 Weber Street East outlined in Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, including the associated By-laws included on the agenda for three readings, due to her place of employment, and she did not participate in any voting or discussion on the matter.

Councillor P. Singh declared a conflict with regards to Inclusionary Zoning - Official Plan Amendment and Zoning By-law Amendment, including the associated By-laws included on the agenda for three readings, as he has family that owns property within the vicinity, and he did not participate in any voting or discussion on the matter.

Councillor P. Singh declared a conflict with regards the Notice of Intention to Designate - 72 Victoria Street South under Part IV of the Ontario Heritage Act, as he has family that owns property within the vicinity, and he did not participate in any voting or discussion on the matter.

Councillor P. Singh declared a conflict with regards to the Notice of Motion being brought forward by Councillor D. Chapman related to the Ontario Heritage Act, as he has family that owns property on the Municipal Heritage Registrar, and he did not participate in any voting or discussion on the matter.

  • Moved byCouncillor C. Michaud
    Seconded byCouncillor P. Singh

    "That pursuant to section 5.7 (b) of Chapter 25 (Procedure) of the City of Kitchener Municipal Code that Joseph Wennechuk be added as a delegation to the Council agenda this date to discuss homelessness in Kitchener, which is not a matter on the agenda this date."

    Carried

J. Wennechuk delegated regarding the state of the shelter system and his experiences with recent temporary accommodations at125 Water St. The lack of accountability of the accommodation, safety and security procedures, and disciplinary procedures were highlighted. J. Wennechuk expressed concern with the operation of House of Friendship, operated by the Working Centre, where he was staying noting that he has been banned from the premises due to a claim of arson from his use of a religious altar in the room, a time during which he was unable to access his personal belongings for an extended period of time. 

Councillor M. Johnston left the meeting at this time.

Council considered Development Services Department report DSD-2024-064, entitled Consideration of Objection to Notice of Intention to Designate 70 Francis Street North, dated February 8, 2024, recommending despite a Notice of Objection being received, that the City proceed with the Notice of Intention to designate the property municipally addressed as 70 Francis Street North. In addition, Council was in receipt of a written submission from S. Stickel related to the subject matter.

Shane Stickel delegated to Council regarding the proposed designation of the property he recently purchased at 70 Francis Street North noting that the property has undergone significant transformation, noting concerns with the designation potentially adversely impacting their abilities to continue to maintain the property in a low cost and efficient manner. S. Stickel reported that his property has faced incidents including vandalism, security measures, an expensive fence regarding the rear of the property and outdoor lights and noted that the architectural features of the property are insignificant and have been repaired or replaced over the years. The property is in a low-income area and the neighbourhood used as investment incomes and has been proposed to be designated, as it was built by the Krug family. S. Stickel expressed concern with increasing insurance premiums arising from the designation, inability to make repairs by the owner, and impacts to resale abilities. 

Members of Council asked questions regarding the ownership of the property, and the property being listed on the Heritage Registrar and received responses from the delegate.  

Councillor M. Johnston returned to the meeting at this time. 

The Mayor noted due to time constraints, this matter would be set aside for consideration until later this date to allow an opportunity to hear from the balance of the delegations who were in attendance this date.

  • Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared a conflict with regards to the delegation presentation on the Bramm Street Parking User Rate Changes, as he has family that owns property within the vicinity, and he did not participate in any voting or discussion on the matter.)

Terry Sturtevant and Kaylee Perez delegated to Council regarding Bramm Street Parking User Rate Changes requesting that parking remain free at the Bramm Street lot on evening and weekends, consistent with other city parking lots in the downtown adjacent to residential properties. T. Sturtevant highlighted discussions with City staff regarding the classification of the lot, the impacts of the Bramm Street parking changes on limiting family and friend visits, the short notice and lack of procedural fairness when implementing the changes, and limiting economic revitalization.

In response to questions from Council, T. Sturtevant noted there is no free parking at the Market. J. Readman, General Manager, Development Services Department, noted that there has been no data collected during the pandemic regarding parking at the Bramm Street lot and highlighted that the parking lot's use as a temporary measure. Members of Council asked questions regarding parking rates, revenues achieved from the lot, changes arising from commercial businesses in the area, and received responses from J. Readman. J. Readman noted that the parking enterprise deficit is currently $1.5million and J. Lautenbach, Chief Financial Officer, advised that the parking dividend was adjusted this year to account for the deficit and any changes will impact the tax base. The history of the downtown BIA free parking evenings and Saturdays subsidy program was noted by J. Readman. 

  • Moved byCouncillor S. Stretch
    Seconded byCouncillor A. Owodunni

    "That the delegation request related to the parking user rates for the Bramm Street Parking lot be deferred to the next Council meeting, to allow an opportunity for Council to dialogue with staff further related to the delegation's presentation.

    Carried

Council considered Official Plan Amendment Application OPA22/012/H/CD, Zoning By-law Amendment Application ZBA22/019/H/CD, 490 Huron Road, 2517293 Ontario Inc., Development Services Department report DSD-2024-060, listed on the agenda as item 9.2.g.

Councillor S. Davey left the meeting at this time.

Andrea Sinclair, MHBC Planning delegated in support of the application. A. Sinclair highlighted the proposed application including staying with Floor Space Ration (FSR) requirements, parking requirements, moving the location of the towers closer to Huron Road and away from the rear lot lines, and reducing the amount of commercial activity on the site. 

Bonnie Bender-Vargas delegated in opposition of the proposed application noting that the postcards for the application were not received by many in the area. The timing and format of a December Public Information Centre (PIC) regarding the revised application for up to 24 storeys was noted and B. Bender-Vargas expressed concern with the proposed density, traffic and safety of the subject application. Members of Council asked questions of the delegate and received responses from the delegate. 

Councillor S. Davey returned to the meeting at this time.

Raymond Angod delegated regarding the proposed development and its ability to assist with the housing crisis, and expressed concern with the engagement and consultation practices with the Fire Department, the Waterloo Region District School Board, and Public Health. R. Angod requested that Council defer the application until a public meeting can be held with the community to discuss gaps in processes. Members of Council asked question of the delegate and received responses from the delegate. 

Councillor D. Chapman left and returned to the meeting at this time.

Stephanie Attard, delegated on behalf of Sheri Wonder, expressing concern with the proposed development and requested that Council hold another public meeting due to the adequate notice that was provided to the neighbourhood. 

The Mayor noted that further consideration of this matter would be set aside until later in the meeting to allow final consideration of Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, DSD-2024-005 and Follow-up Report DSD-2024-128 and Inclusionary Zoning - Official Plan Amendment and Zoning By-law Amendment, DSD-2024-029 and Follow-up Report DSD-2024-111, which were referred to the Council agenda from the Special Council agenda earlier this date.

  • Moved byCouncillor P. Singh
    Seconded byCouncillor D. Chapman

    "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
  • Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared a conflict with regards to Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, including the associated By-laws included on the agenda for three readings, as he has family that owns property within the vicinity, and he did not participate in any voting or discussion on the matter.)
  • Councillor C. Michaud declared a conflict on this item. (Councillor C. Michaud declared a conflict with regards to the properties municipally addressed as 84 Frederick Street and 79 and 87 Weber Street East outlined in Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, including the associated By-laws included on the agenda for three readings, due to her place of employment, and she did not participate in any voting or discussion on the matter.)

Council considered Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, DSD-2024-005 and Follow-up Report DSD-2024-128, which was referred to the Council meeting from the Special Council meeting earlier this date to concluded consideration on the matter. Due to time constraints and the number of delegations, Council was not able to dispense with the meeting during Special Council. 

Members of Council asked questions regarding requests filed by the delegates to amend zoning of certain properties with site specific zoning, Light Rail Transit (LRT) implementation and development of transit station areas, and received responses from N. Goss, Manager Policy & Research, and J. Readman, General Manager, Development Services Department.

Councillor A. Owodunni and Councillor P. Singh left the meeting at this time. 

Councillor A. Owodunni returned to the meeting at this time.

Members of Council asked questions regarding properties at 189 Queen St S and Joseph St area and whether they are exempt from the Heritage Conservation District. In response J. Vieira, Heritage Planner, reported that there are no SGA4 properties currently existing in the Victoria Park Heritage Conservation District. In response to questions from Council N. Goss noted that properties can be split zoned but highlighted that 60 Schneider Street is contained within the Disaster Mitigation Adaptation Fund (DMAF) project and therefore has been excluded.

Members of Council asked questions regarding the height cap of 25 storeys determination and storey increases through variances to the zoning by-law to obtain relief from the by-law and received responses from G. Stevenson, Director, Development & Housing Approvals, A. Clark, Senior Urban Designer and J. Readman. 

In response to a question from Council, A. Clark noted that approval would generate 100,000 new homes, using 50% capacity of zoning permissions, within the 7 Major Transit Station Areas (MTSA).

Questions were raised regarding separation of built forms, concerns with privacy and setbacks, flexibility of built forms, point-tower construction methods, relief from zoning regulations and compensation to property owners arising from changes, current applications with the Development Approvals division that may be impacted by the approval of Growing Together, proximity of SG4 zones and purpose of SG1 and SG2 zones to fulfill a flexible housing stock and missing middle for smaller development firms, and received responses from A. Clark, J. Readman and G. Stevenson.

In response to a question from Council, A. Clark reported that staff still anticipate working well with developers on site-specific zoning for unique parcels of land.

Councillor D. Schnider left the meeting and returned to the meeting at this time.

  • Moved byCouncillor S. Stretch
    Seconded byCouncillor A. Owodunni

    “That pursuant to Section 25.4.11 of Chapter 25 (Council Procedure) of the Municipal Code, the Council proceedings this date shall be allowed to continue beyond 11:00 p.m. to conclude matters as listed on the agenda.”

    Carried

Councillor C. Michaud left and returned to the meeting at this time.

Councillor M. Johnston left and returned to the meeting at this time.

Councillor S. Stretch and Councillor J. Deneault brought forward a motion to approve the recommendation as outlined in Development Service Department report DSD-2024-128, entitled Supplemental Report to DSD-2024-005: Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework.

Councillor S. Davey brought forward an amendment, which was seconded by Councillor B. Ioannidis "That the SGA3 storey limit be increased from 25 to 28 storeys", and "That OPA OPA23/016/K/JZ be amended by amending proposed Official Plan policy 15.D.271 be amended to state that no building will exceed 28 storeys in height. The implementing zoning may permit maximum building heights of less than 28 storeys"; and further, "That the increased tower setback/separation requirements for towers 37 storeys and taller, be removed.

It was requested to vote on the change in building height and tower separation be voted on separately.

Councillor S. Davey's amendment related to increasing the building height from 25 to 28 storeys, save and except for the properties municipally addressed as 84 Frederick Street and 79 and 87 Weber Street East,  was then voted on and was Carried on a recorded vote, with Councillors B. Ioannidis, M. Johnston, J. Deneault, S. Davey, D. Schnider and A. Owodunni voting in favour; and, Mayor B. Vrbanovic and Councillors S. Stretch, C. Michaud and D. Chapman voting in opposition. 

Councillor S. Davey's amendment related to increasing the building height from 25 to 28 storeys, for the properties municipally addressed as 84 Frederick Street and 79 and 87 Weber Street East,  was then voted on and was Carried on a recorded vote, with Councillors B. Ioannidis, M. Johnston, J. Deneault, S. Davey, D. Schnider and A. Owodunni voting in favour; and, Mayor B. Vrbanovic and Councillors S. Stretch and D. Chapman voting in opposition. Due to her previously declared conflict, Councillor C. Michaud did not vote. 

Councilor S. Davey's amendment related to increasing the tower setback/separation requirements for towers 37 storeys and taller, be removed" which was then voted on and LOST on a tied recorded vote, with Councillors B. Ioannidis, S. Davey, S. Stretch, D. Schnider voting in favour; and, Mayor B. Vrbanovic and Councillors C. Michaud, M. Johnston, J. Deneault and D. Chapman voting in opposition. 

Councillor B. Ioannidis brought forward an amendment which was seconded by Councillor J. Deneault "That the proposed zoning for 15 Linden Avenue and 35 Linden Avenue be amended from SGA1 to SGA3" and "That the Official Plan Amendment be revised to designate the properties as SGA-B rather than the proposed SGA-A land use designation as recommended by staff".

Councillor B. Ioannidis's amendment was then voted on and was Carried on a recorded vote, with Councillors C. Michaud, B. Ioannidis, M. Johnston, J. Deneault, S. Davey, D. Schnider and A. Owodunni voting in favour; and, Mayor B. Vrbanovic and Councillors D. Chapman and S. Stretch voting in opposition.

Councillor D. Chapman brought forward the following amendments, which were seconded by Councillor C. Michaud:

1. Insert into the PMTSA Official Plan, after Section 15.D.2.8 “Zoning permissions do not necessarily reflect heritage preservation requirements”.

2. Replace item a) in 2019-051 Zoning Bylaw Section 4.14.8.1 “Patios, deck, and outdoor recreation associated with a restaurant may project into a required yard provided that: a) They are located a minimum of 30 metres from any residential zone

With

“Patios, decks, and outdoor recreation associated with a restaurant may project into a required yard provided that: a) They are located a minimum of 30 metres from any residential zone and a minimum of 20 metres from the lot line of any proximate SGA-1 property

3. Where SGA-4 is adjacent to an SGA-1 property, change the SGA-4 zoning to SGA-2.

4. Remove SGA-2 and SGA-3 zoning within Heritage Districts and replace them with SGA-1 zoning.

5. Remove up-zoning from all City of Kitchener properties in the PMTSA areas except for Bramm Street.

6. Zone the following properties to reflect the existing built forms found on the properties as they are up for heritage designation:

    1. 72 Victoria Street S (Peer Group) – Should be SGA-2
    2. 60 Victoria Street N (Rumpel Felt) – Should be SGA-1
    3. 825 King Street W (St. Mark’s Place) – Should be SGA-1
    4. 33 Eby St – Should be SGA-1
    5. Victoria School - Should be SGA-1

7. Remove non-PMTSA properties and commercial uses in residential areas from Growing Together and include them in the official plan review process.

8. (If #7 fails) Zone the follow properties to reflect the existing built forms found on the properties as they currently provide affordable housing:

    1. 155 Cherry Street (Asgard Green Cooperative) – Should be Res 5
    2. 318, 332, 352 Patricia Street – Should be Res 5
    3. 185-177 Mill Street – Should be Res 5
    4. 5 Heiman – Should be Res 5
    5. 317, 343 Mill Street – Should be Res 5

Clause 1 of Councillor D. Chapman's amendments was then voted on and was LOST on a recorded vote, with Councillors D. Chapman and A. Owodunni voting in favour; and, Mayor B. Vrbanovic and Councillors S. Davey, C. Michaud,  B. Ioannidis, M. Johnston, J Deneault, S. Stretch, D. Schnider. 

Clause 2 of Councillor D. Chapman's amendments was then voted on and was LOST on a recorded vote, with Councillor D. Chapman voting in favour; and, Mayor B. Vrbanovic and Councillors S. Davey, C. Michaud, S. Davey, M. Johnston, B. Ioannidis, J. Deneault, S. Stretch, D. Schnider and A. Owodunni voting in opposition.

Clause 3 of Councillor D. Chapman's amendment was then voted on and was LOST on a recorded vote, with Councillors D. Chapman and C. Michaud voting in favour; and, Mayor B. Vrbanovic and Councillors S. Davey, B. Ioannidis, M. Johnston, J. Deneault, S. Stretch, D. Schnider and A. Owodunni voting in opposition.

Clause 4 of Councillor D. Chapman's amendment was then then voted on and was LOST on a recorded vote, with Councillors D. Chapman and C. Michaud voting in favour; and, Mayor B. Vrbanovic and Councillors S. Davey, B. Ioannidis, M. Johnston, J. Deneault, S. Stretch, D. Schnider and A. Owodunni voting in opposition. 

Clause 5 of Councillor D. Chapman's amendment was then then voted on and was LOST on a recorded vote, with Councillor D. Chapman voting in favour; and, Mayor B. Vrbanovic and Councillors S. Davey, B. Ioannidis, M. Johnston, J. Deneault, S. Stretch, D. Schnider, C. Michaud and A. Owodunni voting in opposition.

Clause 6 of Councillor D. Chapman's amendment was then then voted on and was LOST on a recorded vote, with Councillors D. Chapman and C. Michaud voting in favour; and, Mayor B. Vrbanovic and Councillors S. Davey, B. Ioannidis, M. Johnston, J. Deneault, S. Stretch, D. Schnider and A. Owodunni voting in opposition.

Clause 7 of Councillor D. Chapman's amendment was then then voted on and was LOST on a recorded vote, with Councillors D. Chapman and A. Owodunni voting in favour; and, Mayor B. Vrbanovic and Councillors S. Davey, B. Ioannidis, M. Johnston, J. Deneault, S. Stretch, D. Schnider and C. Michaud voting in opposition. 

Clause 8 of Councillor D. Chapman's amendment was then then voted on and was LOST on a recorded vote, with Councillors D. Chapman, J. Deneault and A. Owodunni voting in favour; and, Mayor B. Vrbanovic and Councillors S. Davey, B. Ioannidis, M. Johnston, S. Stretch, D. Schnider and C. Michaud voting in opposition. 

An amendment was then moved by Councillor D. Schnider seconded by Councillor M. Johnston, "That lands addressed as 178, 188, 196 and 202 Queen Street South and 15 Joseph Street be zoned as SGA-4".

Councillor D. Schnider's amendment was then voted on and was Carried on a recorded vote, with Councillors C. Michaud, B. Ioannidis, M. Johnston, S. Davey, D. Schnider and A. Owodunni voting in favour; and, Mayor B. Vrbanovic and Councillors J. Deneault and S. Stretch and D. Chapman voting in opposition. 

Councillor B. Ioannidis brought forward an amendment, which was seconded by Councillor J. Deneault "That staff be directed to bring back a housekeeping review and update on Growing Together with the completion of the Official Plan".

Councillor B. Ioannidis's amendment was then voted on and was Carried unanimously on a recorded vote.

The following motion was then voted on, specifically related to the properties municipally addressed as 84 Frederick Street and 79 and 87 Weber Street East, which had a previously declared conflict by Councillor Michaud, which was voted on and was Carried unanimously on a recorded vote.

The following motion was then voted on, save and except for the properties municipally addressed as 84 Frederick Street and 79 and 87 Weber Street East, which had a previously declared conflict by Councillor Michaud, which was voted on and was Carried unanimously on a recorded vote.

  • Moved byCouncillor S. Stretch
    Seconded byCouncillor J. Deneault

    "That City Initiated Official Plan Amendment OPA23/016/K/JZ, for the purpose of implementing a land use planning framework for seven of the City’s Protected Major Transit Station Areas, including amendments to the Urban Structure, Land Use, Specific Policy Areas, and Cultural Heritage Resources mapping and text amendments, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD-2024-128 as Attachment ‘A’ and as amended at the Council meeting on March 18, 2024, and accordingly forwarded to the Region of Waterloo for approval; and,

    That City Initiated Official Plan Amendment OPA23/017/K/JZ, for the purpose of adding lands into the 2014 Official Plan and updating the land use planning framework for specific lands currently within Secondary Plans within the 1994 Official Plan, including amendments to the Urban Structure, Land Use, and Specific Policy Areas, inclusive of mapping and text amendments, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2024-128 as Attachment ‘B’, and accordingly forwarded to the Region of Waterloo for approval; and,

    That City Initiated Official Plan Amendment OPA23/022/K/JZ, for the purpose of deleting existing secondary plan policies and mapping from the 1994 Official Plan, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD2024-128 as Attachment ‘C’, and accordingly forwarded to the Region of Waterloo for approval; and,

    That City Initiated Zoning By-law Amendment Application ZBA23/028/K/JZ to amend Zoning By-law 2019-051 for lands within seven of the City’s Protected Major Transit Station Areas, be approved in the form shown in the “Proposed By-law” attached to Report DSD-2024-128 as Attachment ‘D’ and as amended at the Council meeting on March 18, 2024; and,

    That City Initiated Zoning By-law Amendment Application ZBA23/029/K/JZ to amend Zoning By-law 2019-051, for lands recommended to be removed from existing Secondary Plans be approved in the form shown in the “Proposed By-law” attached to Report DSD-2024-128 as Attachment ‘E’; and,

    Pursuant to Section 35(17) of the Planning Act, R.S.O. C P.13, as amended further notice is not required to be given in respect to the City initiated Zoning By-law Amendments; and further,

    That staff be directed to bring back a housekeeping review and update on Growing Together with the completion of the Official Plan".

    Carried, unanimously on a recorded vote

Council further considered Development Services Department report DSD-2024-064. It was noted the matter was considered earlier in the meeting to hear from a delegation, but due to time constraints was set aside until later in the meeting for further discussion to occur.

Councillor P. Singh returned to the meeting at this time.

In response to questions from Council, J. Viera, Heritage Planner, advised of the key heritage attributes of the subject property.

  • Moved byCouncillor M. Johnston
    Seconded byCouncillor S. Davey

    "That the Notice of Objection for the intention to designate the property municipally addressed as 70 Francis Street North, as outlined in Development Services Department report DSD-2024-064, be sustained and the Notice of Intention to Designate be withdrawn."

    Carried
  • Moved byCouncillor D. Schnider
    Seconded byCouncillor S. Davey

    "That in accordance with Chapter 25 (Procedure) of the City of Kitchener Municipal Code, Section 25.2.2. (Suspend the Rules), that approval of this meeting be permitted to extend beyond midnight."

    Carried with the required 2/3 of the Whole of Council.

  • Moved byCouncillor M. Johnston
    Seconded byCouncillor B. Ioannidis

    "That pursuant to Chapter 25 (Council Procedure) of the Municipal Code, the Council proceedings this date shall be allowed to continue beyond midnight for one additional hour, to conclude matters as listed on the agenda.”

    Carried
  • Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared a conflict with regards to Inclusionary Zoning - Official Plan Amendment and Zoning By-law Amendment, including the associated By-laws included on the agenda for three readings, as he has family that owns property within the vicinity, and he did not participate in any voting or discussion on the matter.)

Councillor J. Deneault left and returned to the meeting at this time.

Council considered Inclusionary Zoning - Official Plan Amendment and Zoning By-law Amendment, DSD-2024-029 and Follow-up Report DSD-2024-111, which was referred to the Council meeting from the Special Council meeting earlier this date to concluded consideration on the matter. Due to time constraints and the number of delegations, Council was not able to dispense with the meeting during Special Council. 

Members of Council asked questions regarding existing applications, transition clauses, previous council commitments for affordable housing, affordable rates of 80% of market value, possibility of deferring a specific property and received responses from T. Donegani, Senior Planner. 

Councillor S. Davey brought forward a motion to approve the recommendation as outlined in Development Services Department report DSD-2024-111, seconded by Councillor S. Stretch, including an additional clause "That 97-101 Park Street and 186-194 Victoria Street South, Kitchener be deferred for consideration in the Official Plan Amendment and Zone Change Application to implement inclusionary zoning until Special Council on Monday, March 25, 2024." 

The following motion was then voted on, on a recorded vote.

  • Moved byCouncillor S. Stretch
    Seconded byCouncillor S. Davey

    That the City-initiated Official Plan Amendment OPA23/015/K/TD for the purposes of introducing Inclusionary Zoning within Protected Major Transit Station Areas be adopted, in the form shown in the Revised Official Plan Amendment attached to Development Services Department report DSD-2024-111 as Attachment ‘A’ as amended and accordingly forwarded to the Region of Waterloo for approval; and,

    That the City-initiated Zoning By-law Amendment ZBA23/027/K/TD to amend Zoning By-law 2019-051 and Zoning By-law 85-1, be approved in the form shown in the “Revised Proposed By-law Amendment” attached to Report DSD-2024-111 as Attachment ‘B’ and Attachment ‘C’ respectively as amended; and,

    That staff be directed to enter into a memorandum of understanding with the Region of Waterloo outlining roles and responsibilities in administration of Inclusionary Zoning, to the satisfaction of the Director of Planning and Housing Policy; and,

    That staff be directed to monitor local market conditions and engage with community and industry, and report back to Council no later than the end of 2024, 2026, 2028 and 2030, with recommendations on whether inclusionary zoning requirements should continue to be advanced in the timeframe, with the Market Area categorizations, and in manner outlined in this report; and,

    That pursuant to Section 35(17) of the Planning Act, R.S.O. C P.13, as amended further notice is not required to be given in respect of the Zoning By-law Amendment; and further;

    That the properties municipally addressed as 97-101 Park Street and 186-194 Victoria Street South, Kitchener be deferred for consideration in the Official Plan Amendment and Zone Change Application to implement inclusionary zoning until Special Council on Monday, March 25, 2024."

    Carried unanimously, as amended, on a recorded vote.

Council resumed consideration of 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, which was delegated to earlier in the meeting and set aside due to time constraints.

Councillor D. Schnider left and returned to the meeting at this time.

Councillor J. Deneault left and returned to the meeting at this time.

  • Moved byCouncillor P. Singh
    Seconded byCouncillor D. Chapman

    "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
  • Moved byCouncillor D. Chapman
    Seconded byCouncillor C. Michaud

    "That the report of Heritage Kitchener, dated March 5, 2024, listed as items 7.1.a to 7.1.c on the agenda this date, be adopted."

    Carried
  • "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 60 Victoria Street North as being of cultural heritage value or interest, as outlined in Development Services Department report DSD-2024-089."

    Carried
  • Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared a conflict with regards the Notice of Intention to Designate - 72 Victoria Street South under Part IV of the Ontario Heritage Act, as he has family that owns property within the vicinity, and he did not participate in any voting or discussion on the matter.)
  • "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 72 Victoria Street South as being of cultural heritage value or interest, as outlined in Development Services Department report DSD-2024-091."

    Carried
  • "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 33 Eby Street South as being of cultural heritage value or interest, as outlined in Development Services Department report DSD-2024-094."

    Carried
  • Moved byCouncillor P. Singh
    Seconded byCouncillor D. Chapman

    "That the report of the Planning and Strategic Initiatives Committee, dated February 26, 2024, listed as items 7.4.a to 7.4.h on the agenda this date, be adopted."

    Carried
  • "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
  • "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
  • "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
  • "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
  • "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
  • "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
  • "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
  • Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared a conflict with regards to the Notice of Motion being brought forward by Councillor D. Chapman related to the Ontario Heritage Act, as he has family that owns property on the Municipal Heritage Registrar, and he did not participate in any voting or discussion on the matter.)
  • Moved byCouncillor D. Chapman
    Seconded byCouncillor C. Michaud

    “WHEREAS The More Homes Built Faster Act, 2022 (Bill 23) received Royal Assent on November 28, 2022. As part of this omnibus Bill, several changes were implemented to various pieces of legislation, including but not limited to, The Planning Act, The Development Charges Act, The Conservation Authorities Act, and The Ontario Heritage Act; and,

    WHEREAS subsection 27(16) of the Ontario Heritage Act stipulates that any non-designated heritage property listed on the municipal heritage register of properties as of December 31, 2022 shall be removed from the municipal register on or before January 1, 2025, if the council of the municipality does not give a notice of intention to designate the property under subsection 29(1) of the Ontario Heritage Act on or before January 1, 2025; and,

    WHEREAS since January 1, 2023, municipal heritage planning staff and members of the municipal heritage committee (Heritage Kitchener) in this municipality have been diligently working to: review the municipal heritage register; research the heritage value and interest of listed (non-designated) properties; review and research the heritage value and interest of non-designated properties; contact owners of such properties; determine which properties should potentially be designated in accordance with the provisions of Section 29 of the Ontario Heritage Act; and take all required steps to designate such properties; and,

    WHEREAS the above-noted work involving approximately 228 properties listed properties in this municipality is extremely time-consuming and cannot be completed by December 31, 2024 with the current resources available given other competing interests including reviewing and supporting new housing development proposals; and,

    WHEREAS given the volume of work required, on February 7, 2023 the Kitchener Heritage Committee Work Plan 2022-2014 was endorsed with an objective of reviewing and designating only 80 properties by January 1, 2025 given the time constraint imposed; and, 

    THEREFORE BE IT RESOLVED that the City of Kitchener call on the Province to amend Subsection 27(16) of the Ontario Heritage Act to extend the above-noted deadline for five years from January 1, 2025 to January 1, 2030, and that a copy of this resolution be circulated to the Honourable Doug Ford, Premier of Ontario, the Honourable Michael Ford, Minister of Citizenship and Multiculturalism, the Honorable Peter Bethlenfalvy, Minister of Finance; and John Ecker, Chair, Ontario Heritage Trust. That is also be circulated to the Association of Municipalities of Ontario, Provincial MPPs, Municipal councils across the province, the Architectural Conservatory of Ontario (ACO), as well as the Waterloo Region branch of the ACO.” 

    Carried

15.

 

At the request of A. Fusco, Director, Legislated Services, City Clerk, Council agreed to consider the By-laws listed on the agenda this date under the heading late starter by-laws to be added to the agenda, as the reports of the Committees have been adopted and the associated By-laws also requiring approval. It was noted the By-laws associated with the Official Plan Amendments and Zoning By-laws for Growing Together and Inclusionary Zoning were being included on the agenda as amended earlier this date and the By-law for the Notice of Intention for 70 Francis Street North was being removed from the agenda as Council opted not to pursue designation.

Due to the previously declared conflicts by Councillors P. Singh and C. Michaud, the By-laws related to Growing Together and Inclusionary Zoning were dealt with separately and they did not participate in any voting or discussion related to the By-laws.

  • Moved byCouncillor A. Owodunni
    Seconded byCouncillor D. Schnider

    "That leave be given the Mover and Seconder to introduce the following by-laws, namely:

On motion, Council resolved itself into the Committee of the Whole to consider its agenda and was Chaired by Councillor D. Schnider.

  • Moved byCouncillor J. Deneault

    it was resolved that:

    "That Councillor M. Johnston be appointed to the Enova Power Corp. board effective June 1, 2024 for a term not exceeding 1-year; and further,

    That Councillor D. Schnider & Councillor B. Ioannidis be appointed to the Enova Energy Corporation board effective June 1, 2024 for a term not exceeding 1-year, as outlined in Corporate Services Department report COR-2024-087."

    Carried
  • Moved byMayor B. Vrbanovic

    it was resolved that:

    "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by H. Tran, wherein the Committee affirms the Dangerous Dog Designation applied to the dog ‘Teddy’ by the Humane Society of Kitchener-Waterloo and Stratford Perth, be ratified and confirmed with modified conditions, as outlined in Corporate Services Department report COR-2024-096."

    Carried
  • Moved byMayor B. Vrbanovic

    it was resolved that:

    "That effective immediately Olufunmilayo Ajibade be appointed as the one (1) Arts Educator for the Arts and Culture Advisory Committee for a term ending November 14, 2024; and further

    That effective immediately Julie Hall be appointed as one (1) Arts Organization for the Arts and Culture Advisory Committee for a term ending November 14, 2024."

    Carried

On motion, Council rose from the Committee of the Whole.

  • “That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed."

18.

 
  • Moved byCouncillor M. Johnston
    Seconded byCouncillor D. Schnider

    "That pursuant to Chapter 25 (Council Procedure) of the Municipal Code, the Council proceedings this date shall be allowed to continue beyond 1:00 a.m. for one additional hour, to conclude matters as listed on the agenda.”

    Carried, unanimously

Due to the previously declared conflicts by Councillors P. Singh and C. Michaud, the By-laws related to Growing Together and Inclusionary Zoning were dealt with separately and they did not participate in any voting or discussion related to the By-laws.

  • Moved byCouncillor M. Johnston
    Seconded byCouncillor D. Schnider

    "That the by-laws be given third reading, namely:

On motion, the meeting adjourned at 12:57 a.m.