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HomeMy WebLinkAboutCouncil Agenda - 2018-11-19 COUNCIL AGENDA MONDAY, NOVEMBER 19, 2018 CITY OF KITCHENER 7:00 P.M. - COUNCIL CHAMBER (TELEVISED) 200 KING STREET WEST 1. COMMENCEMENT Singing of "O Canada" by the Jean Steckle Choir. 2. MINUTES Minutes to be accepted as mailed to the Mayor and Councillors (regular meeting held September 24, 2018 and special meetings held September 24 & November 5, 2018.) Councillor S. Davey. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 4. COMMUNICATIONS REFERRED TO FILE a. Flag Request under Policy MUN-FAC-442: Canadian Turkish Community November 1-5, 2018. b. Certificate of Election Results Council was previously circulated with a link to the certified results of the October 22, 2018 Municipal Election. 5. PRESENTATIONS a. Mayor B. Vrbanovic to present a Certificate of Service to Councillors F. Etherington, Y. Fernandes, and Z. Janecki acknowledging their service to the City of Kitchener as members of Council from 2010-2018. b. Matt Farrell, Ontario Building Officials Association (OBOA) President and Chief Building Official for the Township of Huron-Kinloss; and Aubrey LeBlanc, OBOA Chief Administrative Officer to present the City of Kitchener the 2018 OBOA Andy Kidd Award. 6. DELEGATIONS a. The following delegations have registered regarding Development Services Department report DSD-18-147, listed as Item 1 under the Heritage Kitchener report dated November 6, 2018. Sandra Parks Slavko Miladinovic Finley McEwen, Cadillac Fairview Kristen Barisdale, GSP Group 7. REPORTS OF COMMITTEES 8. UNFINISHED BUSINESS 9. NEW BUSINESS a. Regional Council Update Mayor B. Vrbanovic. 10. QUESTIONS AND ANSWERS 11. BY-LAWS --- 1ST READING a. To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (Amends By-law 88-171 to add or delete areas of jurisdiction) *Accessible formats and communication supports are available upon request. If you require* assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994. COUNCIL AGENDA MONDAY, NOVEMBER 19, 2018 CITY OF KITCHENER 7:00 P.M. - COUNCIL CHAMBER - 2 - 200 KING STREET WEST __________________________________________________________________________________________ b. To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off- street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (Amends By-law 2008-117 to add or delete areas of jurisdiction) c. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (Amends By-law 2010-190 to add or delete areas of jurisdiction) d. Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. ) e. Being a by-law to provide for the stablishing and laying out of part of Falconridge Drive as public highway in the City of Kitchener. (Conveys 0.3m reserves pursuant to conditions of Subdivision Agreement, Block 222, 58M-512) f. Being a by-law to exempt certain lots from Part Lot Control Part Lots 13 to 18 inclusive, 58M-615 (Sportsman Hill Street) and Part Lots 71 to 74 inclusive, 77 to 79 inclusive, 82 to 86 inclusive and 91 to 96 inclusive, 58M-616 (Sportsman Hill Street and Ridgemount Street). (To allow the creation of rear yard access easements for 40 street fronting townhouse dwellings) g. To confirm all actions and proceedings of the Council. 12. COMMITTEE OF THE WHOLE Chair, Councillor S. Davey. 13. REPORT OF THE COMMITTEE OF THE WHOLE 14. BY-LAWS --- 3RD READING a. To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. b. To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off- street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. c. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. d. Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. e. Being a by-law to provide for the stablishing and laying out of part of Falconridge Drive as public highway in the City of Kitchener. f. Being a by-law to exempt certain lots from Part Lot Control Part Lots 13 to 18 inclusive, 58M-615 (Sportsman Hill Street) and Part Lots 71 to 74 inclusive, 77 to 79 inclusive, 82 to 86 inclusive and 91 to 96 inclusive, 58M-616 (Sportsman Hill Street and Ridgemount Street). g. To confirm all actions and proceedings of the Council. COMMITTEE OF THE WHOLE AGENDA MONDAY, NOVEMBER 19, 2018 CHAIR COUNCILLOR S. DAVEY ND A. BY-LAWS LISTED ON THE AGENDA 2 READING That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment. B. ADMINISTRATIVE REPORTS 1. Tenders None. 2. COR-18-015 Sign Variance 505 Franklin Street North/39 Midland Drive, 1700 Queens Boulevard and 22 Frederick Street Attached is Corporate Services Department report COR-18-015 (D. Saunderson), dated October 30, 2018. That the application of CITY OF KITCHENER (SG 2018-010 505 Franklin Street North/39 Midland Drive) requesting permission to replace the existing ground- supported sign with a ground-supported sign having automatic changing copy located 23m from a Residential Zone rather than the required 100m; and, an area of 55% of the sign face to have automatic changing copy rather than the maximum permitted 30%, on Block D, Plan 1170, Part Block A, Plan 1152, 505 Franklin Street North/39 Midland Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the Planning Division. 2. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 12:00 a.m. and 6:00 a.m. 3. That the owner shall ensure messages displayed on the automatic changing copy portion of the sign remain static for at least 6 seconds. 4. That Condition 1 above shall be completed prior to January 2, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. - and - That the application of CITY OF KITCHENER (SG 2018-011 - 1700 Queens Boulevard) requesting permission to install a ground-supported sign having automatic changing copy located 26m from a Residential Zone rather than the required 100m; and, an area of 39% of the sign face to have automatic changing copy rather than the maximum permitted 30%, on Part Block A, Plan 1384, being Part 1 on Reference Plan 58R-10273, 1700 Queens Boulevard, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the Planning Division. 2. That the owner shall ensure the existing sign is removed prior to the installation of the new automatic changing copy. 3. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 12:00 a.m. and 6:00 a.m. 4. That Condition 1 above shall be completed prior to January 2, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the 2 COMMITTEE OF THE WHOLE NOVEMBER 19, 2018 B. ADMINISTRATIVE REPORTS - CONT'D completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. - and - That the application of EUROPRO (KITCHENER) GP INC. (SG 2018-012 - 22 Frederick Street) requesting permission to install a ground-supported sign on the subject property currently zoned D-1 (Retail Core Zone), whereas the By-law does not permit ground-supported signs in a D-1 Zone, on Part Lot 13, Plan 364, Part on Reference Plan 58R-445 and Part 1 on Reference Plan 58R-10535, 22 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a Sign Permit for the proposed business from the Planning Division. 3. COR-18-017 152, German Company Tract Being Part 1 on Reference Plan 58R-19939 and Convey Same to the Regional Municipality of Waterloo for Road Widening Purposes Attached is Corporate Services Department report COR-18-017 (L. MacDonald) dated November 13, 2018. That the City declare surplus to its needs the lands legally described as part of Lots 151 and 152, German Company Tract being Part 1 on Reference Plan 58R- 19939 and convey same to The Regional Municipality of Waterloo for road widening purposes; and further, That the Mayor and Clerk be authorized to execute any documentation in this regard required by and to the satisfaction of the City Solicitor. 4. COR-18-018 Encroachment Request 56 Cameron Street North Attached is Corporate Services Department report COR-18-018 (T. Kalbfleisch Mazurka), dated November 6, 2018. That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the owner of 56 Cameron Street North for the creation of two parking spaces in front of the property which will encroach on the Rise and Report REPORT TO:Committee of the Whole DATE OF MEETING:November 19, 2018 SUBMITTED BY:Dianna Saunderson, Secretary-Treasurer, Committee of Adjustment (519-741-2200 ext. 7277) PREPARED BY:Holly Dyson, Administrative Clerk (519-741-2200 ext. 7594) WARD (S) INVOLVED:2, 7 & 10 DATE OF REPORT:October 30, 2018 REPORT NO.:COR-18-015 SUBJECT:Sign Variance 505 Franklin Street North/39 Midland Drive, 1700 Queens Boulevard and 22 Frederick Street RECOMMENDATION: That the application of CITY OF KITCHENER(SG 2018-010 505 Franklin Street North/39 Midland Drive)requesting permission to replace the existing ground-supported sign with a ground-supported sign having automatic changing copy located 23m from a Residential Zone rather than the required 100m; and, an area of 55% of the sign face to have automatic changing copy rather than the maximum permitted 30%, on Block D, Plan 1170, Part Block A, Plan 1152, 505 Franklin Street North/39 Midland Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall obtain a sign permit from the Planning Division. 2.That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 12:00 a.m. and 6:00 a.m. 3.That the owner shall ensure messages displayed on the automatic changing copy portion of the sign remain static for at least 6 seconds. 4.That Condition 1 above shall be completed prior to January 2, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. -and- That the application of CITY OF KITCHENER(SG 2018-011 -1700 Queens Boulevard) requesting permission to install a ground-supported sign having automatic changing copy located 26m from a Residential Zone rather than the required 100m; and, an area of 39% of the sign face to have automatic changing copy rather than the maximum permitted 30%, on Part Block A, Plan 1384, being Part 1 on Reference Plan 58R-10273, 1700 Queens Boulevard, Kitchener, Ontario, BE APPROVED, subject to the following conditions: ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 2 - 1 1.That the owner shall obtain a sign permit from the Planning Division. 2.That the owner shall ensure the existing sign is removed prior to the installation of the new automatic changing copy. 3.That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 12:00 a.m. and 6:00 a.m. 4.That Condition 1 above shall be completed prior to January 2, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. -and - That the application of EUROPRO (KITCHENER) GP INC.(SG 2018-012-22 Frederick Street) requesting permission to install a ground-supported sign on the subject property currently zoned D-1 (Retail Core Zone), whereas the By-law does not permit ground-supported signs in a D-1 Parts 2 7, 9, 10 & 12 on Reference Plan 58R-445 and Part 1 on Reference Plan 58R-10535, 22 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1.That the owner shall obtain a Sign Permit for the proposed business from the Planning Division. REPORT: The Committee of Adjustment met as a Standing Committee of City Council on October 16, 2018 to consider threeapplicationspursuant to Chapter 680 (SIGNS) of the City of Kitchener Municipal Code. Theserecommendations arebeing forwarded to you onbehalf of the Committee of Adjustment for your consideration. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendations through the delivery of core service. FINANCIAL IMPLICATIONS: None COMMUNITY ENGAGEMENT: INFORM -As directed by the Sign By-law and Fence By-Law, notice of Applications for Variance to the Sign By-law and Fence By-law are published in the Record 15 -18 days prior to the Committee of Adjustment meeting at which the application will be considered. Notice of an application is also mailed to property owners within 30 metres of the subject property. 2 - 2 INFORM - council / committee meeting. ENTRUST -The Committee of Adjustment is a Quasi-Judicial Committee of citizen members operatingas a Standing Committee of City Council. ACKNOWLEDGED BY: Justin Readman, General Manager Development Services 2 - 3 REPORT TO:Committee of the Whole DATE OF MEETING:November 19, 2018 SUBMITTED BY:Lesley MacDonald, Director of Legal Services & City Solicitor (519)741-2200, Ext. 7267 PREPARED BY:Lesley MacDonald, Director of Legal Services & City Solicitor (519)741-2200, Ext. 7267 WARD (S) INVOLVED:Ward 5 DATE OF REPORT:November 13, 2018 REPORT NO.:COR-18-017 SUBJECT:OF LOTS 151 AND 152, GERMAN COMPANY TRACT BEING PART 1 ON REFERENCE PLAN 58R-19939 AND CONVEY SAME TO THE REGIONAL MUNICIPALITY OF WATERLOO FOR ROAD WIDENING PURPOSES ___________________________________________________________________________ RECOMMENDATION: That the City declare surplus to its needs the lands legally described as part of Lots 151 and 152, German Company Tract being Part 1 on Reference Plan 58R-19939 and convey same to The Regional Municipality of Waterloo for road widening purposes; That the Mayor and Clerk be authorized to execute any documentation in this regard required by and to the satisfaction of the City Solicitor. BACKGROUND: On June 20, 2018 approval in principle was granted for the development of the South Kitchener District Park Phase 1. A condition of the approval in principle is that Part of Lots 151 and 152, German Company Tract being Part 1 on Reference Plan 58R-19939 (hereinafter referred to as be conveyed to The Regional Municipality of Waterloo for road widening purposes upon completion of the Phase I (and if required, Phase II) ESA for the portion of Lands being conveyed to the Region. REPORT: In order to complete the conveyance to The Regional Municipality of Waterloo it is necessary for ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 3 - 1 ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: the delivery of core service. FINANCIAL IMPLICATIONS: The costs to complete the conveyance, which will be minimal, are to be agreed to mutually between the City and the Region. COMMUNITY ENGAGEMENT: INFORM Council meeting. ACKNOWLEDGED BY: Victoria Raab, General Manager, Corporate Services 3 - 2 REPORT TO:Committee of the Whole th DATE OF MEETING:November 19, 2018 SUBMITTED BY:Tanya Kalbfleisch Mazurka, Associate City Solicitor 519-741-2200 ext.7060 PREPARED BY:Tanya Kalbfleisch Mazurka, Associate City Solicitor 519-741-2200 ext. 7060 WARD (S) INVOLVED:Ward10 DATE OF REPORT:November 6th, 2018 REPORT NO.:COR-18-018 SUBJECT:Encroachment Request 56 Cameron Street North ___________________________________________________________________________ RECOMMENDATION: Thatthe Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the owner of 56 Cameron Street Northfor the creation of two parking spacesin front of the property which willencroach onthe road allowance. BACKGROUND: The property owner of 56 Cameron Streethas applied for permission to extend his parking space and drivewayto create two parking spacesCameron Street North, both spaces being smaller than a legal sized parking space and with one spot havinga zero metre setback from the frontpropertyline,as shown in the attached diagram. REPORT: The propertyowner would like to expand the existing parking space and driveway to the property creating two parking spaces for the benefit of his tenants. The subject property was built over 100 years ago and was converted to a duplex use prior to 1962. The side yardof the property is too small in size to accommodate a driveway and is legal non-conforming having beenconverted to a duplex use prior to any minimum parking space requirements for duplexes. The proposed parking spaces will encroachinto allowance of Cameron Street Northand one spot will havea zero metre setback from the front property line.Measuring 2.57 x 5.30 metres, both proposed parking spaces will be 0.2 metres smaller than a legal sized parking space. ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 4 - 1 th The proposed variancewent before the Committee of Adjustment on October 162018 and was approved.The proposed encroachmentwas circulated to relevant City staff for their comment and those comments will be included in the encroachment agreement. There will be conditions set in the encroachment agreement to ensure that no cars will park on the boulevard portion of the driveway apron and the building of a barrier around the parking spaces to preventencroachment by parked cars on neighbouring properties. Further conditions will beset to improve the streetscape, including the removal of existing loose gravel and asphalt from the right side of the lawn and that same area be reseeded or sodded with grass. The property owner will need to hire a contractor to undertake any work on the parking spaces and driveway.One comment received through the circulation process is that the property owner will need to follow the curb cut and driveway widening process through the Engineering Department. The contractor will also need to complete the work permit process through Transportation Services, which is required for anycontractor to doThe property owner and contractorwill be informed that they must getlocatesfor the property as there is City of Kitchenerunderground infrastructureunder the existing driveway. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation outlined in this report supports the achievement of the C vision through the delivery of core service. FINANCIAL IMPLICATIONS: The property owner COMMUNITY ENGAGEMENT: INFORM of the Council Meeting. ACKNOWLEDGED BY: Victoria Raab,General Manager,Corporate Services 4 - 2 4 - 3 REPORTS TO BE CONSIDERED BY COUNCIL NOVEMBER 19, 2018 CITY OF KITCHENER FINANCE AND CORPORATE SERVICES COMMITTEE NOVEMBER 5, 2018 1. That, subject to the 2019 budget deliberations, $30,907 be allocated to Waterloo Region Green Solutions, Residential Energy Efficiency Project (REEP), as part of the Utilities 2019 Capital Budget, as outlined in Development Services Department report DSD-18-145. 2. That the community grant (Tier 1 and Tier 2) appeals process be delegated to a panel of staff on a permanent basis, as outlined in Community Services Department report CSD-18-088. PLANNING AND STRATEGIC INITIATIVES COMMITTEE NOVEMBER 5, 2018 1. WHEREAS the City of Kitchener promote energy conservation, emissions reductions and cleaner air through its many plans, Strategic Plan for the Environment; and, WHEREAS the City has unanimously endorsed a community greenhouse gas reduction target of 80% below 2010 levels by 2050; and, WHEREAS home energy retrofit programs achieve greater savings and greater greenhouse gas reductions; and, WHEREAS home energy retrofits generate jobs in the green sector; and, WHEREAS home energy retrofit incentives and rebates leverage additional private investment; and further, THEREFORE BE IT RESOLVED that the Mayor on behalf of City Council be directed to forward this resolution to the Right Honourable Justin Trudeau, Prime Minister of Canada and the Honourable Amarjeet Sohi, Minister of Natural Resources and the Association of Ontario Municipalities (AMO), to establish a federal residential retrofit incentive program in the Province of Ontario. 2. That the Vision Statement for 152 Shanley Street, attached to Development Services Department report DSD-18-be adopted; and, That the advertisement of the property a second time under the tax sale process commence in January 2019; and further, That the Vision Statement be released as part of the tax sale advertisement to provide guidance and support to the processing of future Planning Act applications to facilitate the redevelopment of 152 Shanley Street. HERITAGE KITCHENER NOVEMBER 6, 2018 1. That, in response to the written Notice of Intention to Demolish dated August 9, 2018 and deemed complete on October 16, 2018, submitted in accordance with Section 27(3) of the Ontario Heritage Act and having regard to the property municipally addressed as 200 Fairway Road South, commonly known as the Sears building; the Clerk be directed to issue a Notice of Intention to Designate 200 Fairway Road South pursuant to Section 29 of the Ontario Heritage Act, so as to provide Council the authority to deny the demolition of the Sears building, as outlined in Development Services Department report DSD-18-147.