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HomeMy WebLinkAboutCouncil Agenda - 2019-05-27COUNCIL AGENDA MONDAY, MAY 27, 2019 CITY OF KITCHENER 7:00 P.M. - COUNCIL CHAMBER (TELEVISED) 200 KING STREET WEST 1. COMMENCEMENT Singing of "0 Canada". fp�Jill►Lei 1*y Minutes to be accepted as mailed to the Mayor and Councillors (regular meeting held April 29, 2019 and special meetings held April 29 & May 13, 2019) — Councillor D. Schnider. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF �6161dild&IJ0111.7evi110101"ZIA9:11:1:1A11111011a1111111:1 a. Flag Request under Policy MUN-FAC-442: • Huntington Society of Canada — May 15-22, 2019. I.�U:1*y:11►111IftTAIIs] ►G1 a. Mr. Sam Varteniuk, Executive Director, The Registry Theatre, and Ms. Marian Boyer, President, J.M. Drama Board of Directors, to present an update on community theatre group JM Drama. 6. DELEGATIONS a. Maggie Deveau — Regarding the Winter Sidewalk Maintenance program and the City's Age - Friendly Action Plan. b. Heather Price — Regarding Development Services Department report DSD -19-130, listed as Item 8.a. under Unfinished Business. 8. UNFINISHED BUSINESS a. New Zoning By-law (Stage 1) — At the April 29, 2019 Council meeting, consideration of the following recommendation was deferred to the meeting this date: That consideration of the following properties be deferred to the May 27, 2019 Council meeting to allow additional time for consultation with City of Kitchener and/or Region of Waterloo staff and property owners: • 83 Elmsdale Drive, the 7H holding provision only; • 32 Duke Street East,- 0 ast,• 2-22 Duke Street East,- 0 ast,• 49 Queen Street North,- 0 orth,• 84 Frederick Street,- 0 treet,• 1893 Ottawa Street South,- 0 outh,• 1901 Ottawa Street South,- 0 outh,• 525 and 563 Highland Road West; • 1170-1178 Fischer -Hallman Road and 1111 Westmount Road East,- 0 ast,• 1191, 1193, 1188, 1255-1291, 1187, 1201-1205 and 1940 Fischer -Hallman Road, • 1415 and 1384 Huron Road,- 0 oad,• 315-325 Max Becker Drive,- 0 rive,• 236 Gehl Place,- 0 lace,• 628 New Dundee Road (PLAN 58M528 BLK 111), • Robert Ferrie Drive corner KITCHENER BEASLEY'S NEW SURVEY PT LOT 1 RP 58R 17216 PTS 2 AND 3' • 41 Ardelt Place (known as "LOT 42'); and, *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, MAY 27, 2019 CITY OF KITCHENER 7:00 P.M. - COUNCIL CHAMBER - 2 - 200 KING STREET WEST • 353 Manitou Drive. That consideration of the following properties be deferred to the May 27, 2019 Council meeting to allow for development applications currently in process to be completed prior to consideration: • 149-151 Ontario Street North,- 0 orth,• 21 Weber Street West." City staff are requesting Council consider the recommendation outlined in Development Services Department Report DSD -19-130 (A. Pinard), dated May 22, 2019, regarding the properties listed above and in replacement of Clause 1 on the Planning and Strategic Initiatives Committee report, dated May 13, 2019. ►1��d�:i�)l;�1►1��� a. Grand River Hospital Board Councillor Appointment —Mayor B. Vrbanovic. b. 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 ordelete areas of jurisdiction.) 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 provide for the establishing and laying out of part of Rivertrail Avenue, Grand Flats Trail, Valleybrook Drive and Crosswinds Drive as public highways in the City of Kitchener. (Conveys 0.3m reserves pursuant to conditions of Subdivision agreement.) e) To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (Amends the Uniform Traffic By-law.) f) (Being a by-law to amend By-law 2017-078 to extend the time period for exemption from Part Lot Control — Block 12, and Part of Blocks 13 and 14, Registered Plan 58M-504 — Forest Creek Court). (Exempts lands shown on Forest Creek Court from Part Lot Control. This is an extension of the time period set out in Bylaw 2017-078 for a further two year period.) g) (Being a by-law to amend By-law 2017-080 to extend the time period for exemption from Part Lot Control — Part of Blocks 2 and 3, Registered Plan 58M-505 — Forest Creek Drive). (Exempts lands shown on Forest Creek Drive from Part Lot Control. This is an extension of the time period set out in Bylaw 2017-080 for a further two year period.) h) (Being a by-law to amend By-law 2017-081 to extend the time period for exemption from Part Lot Control — Part of Blocks 3, 4 and 6 and Block 5, Registered Plan 58M-505 and Block 37, Registered Plan 58M-504 — Forest Creek Drive. (Exempts lands shown on Forest Creek Drive from Part Lot Control. This is an extension of the time period set out in Bylaw 2017-081 for a further two year period.) COUNCIL AGENDA MONDAY, MAY 27, 2019 7:00 P.M. - COUNCIL CHAMBER CITY OF KITCHENER 200 KING STREET WEST (Being a by-law to amend By-law 2017-085 to extend the time period for exemption from Part Lot Control — Blocks 19 and 20, Registered Plan 58M-504 — Pondcliffe Court). (Exempts lands shown on Pondcliffe Court from Part Lot Control. This is an extension of the time period set out in Bylaw 2017-085 for a further two year period.) j) To confirm all actions and proceedings of the Council. 12. COMMITTEE OF THE WHOLE Chair, Councillor D. Schnider. 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 provide for the establishing and laying out of part of Rivertrail Avenue, Grand Flats Trail, Valleybrook Drive and Crosswinds Drive as public highways in the City of Kitchener. e) To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. f) (Being a by-law to amend By-law 2017-078 to extend the time period for exemption from Part Lot Control — Block 12, and Part of Blocks 13 and 14, Registered Plan 58M-504 — Forest Creek Court). g) (Being a by-law to amend By-law 2017-080 to extend the time period for exemption from Part Lot Control — Part of Blocks 2 and 3, Registered Plan 58M-505 — Forest Creek Drive). h) (Being a by-law to amend By-law 2017-081 to extend the time period for exemption from Part Lot Control — Part of Blocks 3, 4 and 6 and Block 5, Registered Plan 58M-505 and Block 37, Registered Plan 58M-504 — Forest Creek Drive). (Being a by-law to amend By-law 2017-085 to extend the time period for exemption from Part Lot Control — Blocks 19 and 20, Registered Plan 58M-504 — Pondcliffe Court). j) To confirm all actions and proceedings of the Council. Staff Reportx Development Services Department www.kitchenerca REPORT TO: Council DATE OF MEETING: May 27, 2019 SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Sarah Coutu, Planner (Policy) 519-741-2200 ext. 7069 WARD(S) INVOLVED: Wards 3, 4, 5, 6, 8, 9 & 10 DATE OF REPORT: May 22, 2019 REPORT NO.: DSD -19-130 SUBJECT: New Zoning By-law (Stage 1) - Deferred Items RECOMMENDATION: A. That staff be directed to prepare Amendment No. 1 to By-law 2019-051 to include the deferred portions of the new Zoning By-law (Stage 1) and associated mapping attached as Appendix B to report DSD -19-130 to By-law No. 2019-051; and, B. That pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P. 3, as amended, staff be directed to provide notice of a statutory public meeting for Amendment No. 1 to By-law 2019-051 to be held on June 24, 2019; and further, C. That consideration of the zoning of the following properties be referred to a future stage of the Zoning By-law or Neighbourhood Planning Review, whichever is appropriate: • 2-22 Duke Street East; • 49 Queen Street North; • 84 Frederick Street; • 628 New Dundee Road (PLAN 58M528 BLK 111). BACKGROUND: On April 29, 2019, Council approved the majority of Stage 1 of the city's new zoning by-law (By-law No. 2019-051) for Kitchener. Council deferred consideration of portions of Stage 1 of the Zoning By-law in response to delegations made at the April 15, 2019 Planning and Strategic Committee meeting and the April 29, 2019 Council meeting. Consideration of the Bonusing provisions, the Urban Growth Centre (UGC) Zones and the properties to which the UGC zones apply were deferred to May 13, 2019 Planning and Strategic Committee meeting. Consideration of the application of zoning on 27 properties were deferred to May 27, 2019 Council meeting. REPORT: As a result of Council deferring portions of Stage 1 of the Zoning By-law, a Zoning By-law Amendment is required to add these portions to By-law No. 2019-051. The Planning Act requires that a statutory public meeting be held for consideration of a Zoning By-law Amendment and that notice of the statutory public meeting be given. Accordingly, Council cannot proceed with approving the zoning of the deferred portions until these process requirements have been complied with. Staff is recommending that they be directed to prepare Amendment No. 1 to By-law 2019-051,that the statutory public meeting to consider Amendment No.1 be held on June 24, 2019, and, that notice of the statutory public meeting be given. 8.a - 1 In advance of preparing Amendment No. 1, staff has reviewed the zoning that was recommended for the 27 properties that were deferred, considered the written and oral submissions received from delegations, and had further conversations and correspondence with each of the delegations. It is noted that many of the submissions received from delegations the day of, or within days of the meetings to consider Stage 1 of the city's new zoning by-law identified issues not previously raised, or contained new information not previously provided to staff in the 4+ years consultation process. A summary of the issues, options and staff's recommendation for each of the 27 deferred properties is attached to this report as Appendix A. Staff has also prepared potential wording for alternate options in case Council considers modifying staff's recommendation for each property. Staff is recommending that Amendment No. 1 include the contents attached to this report as Appendix B. Accordingly, staff is recommending that zoning be applied to 17 properties and that the zoning of 4 properties be referred to a future stage of the Zoning By-law or Neighbourhood Planning Review, whichever is appropriate. The zoning of 6 other properties will be reviewed in the future with all the Rosenberg Secondary Plan lands. Further, staff is recommending that Amendment No. 1 also include the UGC Zones, the properties to which the UGC zones apply and the Bonusing provisions that were deferred, with minor updates. These were the topic of Report DSD -19-106 and discussed and recommended for approval at the May 13, 2019 Planning and Strategic Initiatives Committee Meeting. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Strategic Priority 2 — Strong and Resilient Economy Strategy 2.5 — Facilitate the ongoing development of Downtown Kitchener as the heart of the City. Strategic Priority 3 — Safe and Thriving Neighbourhoods Strategy 3.3 — Manage growth, curb urban sprawl, and foster more mixed-use development, ensuring new development is integrated with the diversity and character of the surrounding community. 2019 Business Plan — NB11 Comprehensive Zoning By-law Review FINANCIAL IMPLICATIONS: The CRoZBy project is currently within its allocated budget. COMMUNITY ENGAGEMENT: See previous reports and description in the report above. PREVIOUS CONSIDERATION OF THIS MATTER: Report CSD -15-012 — CRoZBy Component A — First Draft (Framework, Mixed Use, Employment, Natural Heritage, Floodplain, Recreation, Stormwater Management Zones) Report CSD -15-013 — CRoZBy Comprehensive Review of Off -Street Parking and Loading Regulations Background Study Report CSD -16-022 — CRoZBy Component B — First Draft (Urban Growth Centre Zones, other) Report CSD -17-024 - CRoZBy Component D — First Draft (Commercial and Agriculture Zones) Report CSD -18-002 - CRoZBy Final Draft and Companion Official Plan Amendment Report DSD 19-049 — New Zoning By-law (CRoZBy) — Stage 1 — Non -Residential Zones Report DSD 19-106 — New Zoning By-law (CRoZBy) — Stage 1 — Deferred Items: Urban Growth Centre Bonusing/Zoning 8.a-2 CONCLUSION: Staff recommends that the zoning for the deferred portions of the new Zoning By-law (Stage 1) proceed as outlined in this report. REVIEWED BY: Brandon Sloan - Manager, Long Range & Policy Planning ACKNOWLEDGED BY: Justin Readman - General Manager, Development Services APPENDICES: Appendix A — Summary of Staff Recommendation and Alternate Options for Council Consideration Appendix B — Deferred Portions of the New Zoning By -Law (Stage 1) and Associated Mapping - Contents for Zoning By-law Amendment No.1 8.a-3 0 I co m m O) E 'ITN a0 m O p) R R 3 C x N x C pf t x c a) N p 3t a C C 0) a) C R N a C C 2 o - C •E rn r C N O a C C w X -o 0 U '- N N •p a) -p G U O a) a) Q a) a) IZ (n o N C C Z o R a) a) Q U C N C !� O U U Q C R C p Q N a W 7 Q N E N N N Q N N N (� N R c - S N O U C a) O co U c Y_ O W a) N u c IZ N N r Q 'O Y a) a) CO Q' c O a) fn C O) a' « a) O Q' E N C Y a) fn R aT a) a) c p U C t C S (n 0Y p Q Q Z E `.(n U ` 3 Q CL N E X o Z N •3 a C O p d U Q O '6I O' c o d Wa C a) C O Y a) 3 _� c U O O o C o d 3a N -O c1 -E a) C R a) O 3 Z a) C O N id y R C R y '� cl R C R y R p) a) N co N O O T zi U ° C R d o 'O O 'N C r CQ 2c4 3 ap C a .O N ° C R =Q >O D N.N O R NU 3 o�>y IL Ear C c w O 'o vc y E v - o R a) E C 5 v W we E v c-° a N m ? 2 avis r E E o p E E ° E E o o'a Q Z T 'v �' $m o E o E o o E �- E E p -p T p' Q -`o Yop o N o pI U C p C O U C Q T m � U p _ U C U N ,X O) 0) y C C N Q C Q' E a) E 'O E O Q' E � () e Q C y R Q' a) O " Q' YY Q' E X.m C O C V; C �a is 0) X 'X 'X U O p Q R O t O irQ dr Q M y a o (n E N N E t CL d 7 U O m t'Q CL.2 a o a) Q a) a) a) R N N N Q N d = IZ I- a) a) - a) CL c a) N CL a) N -p N - Q' >� U) : G c U U R U G x m a) '- Q' N C a) C a 0 O N d W m C U Q p Q p QU) x NM j O C .S-• .�-•0 c C 0= R C.N j o a N N C C ; 0= A p c CL a) a) . 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O O 7 0 afaE R OCL E' dDC (0 0C)C R C`V!�CO'Qa O �M0 E 7 O E > N >0 a 00 w v C O 0-- F 0 a �O M 2 –a)0 m.o0. � co a1 E 0 �U) U C M ami v(AN N M 4.3 Bonusing a) The maximum floor space ratio of a lot may be increased using only those bonus value(s) in Table 4-1 in return for facilities, services, or matters that benefit the community. b) Bonusing shall only apply in the following zones: i) UGC -1 ii) UGC -2 iii) UGC -3 C) The facilities, services, or matters provided in exchange for a bonus value must be over and above the minimum or standard requirements for the development. d) No lot shall be eligible for a bonus value where said lot does not have sufficient infrastructure. e) No bonus value shall apply for existing facilities, services or matters on a lot, except for the conservation and maintenance of cultural heritage resources. f) The owner of the lot upon which facilities, services, or matters are to be provided or contributed in return for a bonus value, shall enter into an agreement with the City pursuant to Section 37 of the Planning Act, to be registered on title. g) No site plan agreement shall be entered into and no building permit shall be issued, until such time as the agreement referenced in Subsection f) is entered into and has been registered on the title of the lot to which it applies. h) More than one community benefit identified in Subsection i) may be used and, where applicable, more than one additional bonus value within a community benefit may be used. i) Bonus values are identified in Table 4-1 and may be further described in a Bonusing Implementation Guide. For the purposes of Table 4-1, `FSR' shall be construed to mean floor space ratio, and `m2' shall be construed to mean square metres of building floor area. Table 4-1: Bonus Values in Exchange for Facilities, Services, or Matters Community Benefit Facility, Service, or Matter Bonus Value Energy, water and Greater than 50% of total roof coverage 2 items: 0.5 FSR waste management/ is eco/green roof Minimum of 1 entire exterior wall conservation, including or stormwater (except openings) is a green wall 3 items: 1.0 FSR Community Benefit Facility, Service, or Matter Bonus Value management Energy conservation glazing of all exterior facing glass is at least 50% or over and above the minimum Ontario Building Code requirement 3 items that includes the stormwater management Building utilizes an energy or heat reuse/conservation system benefit: Building utilizes an exfiltration system 1.5 FSR Building utilizes a grey water system Stormwater is managed on-site at least or 50% over and above the minimum requirements or target (using methods Greater than 3 items: 1.5 such as rain water harvesting, FSR bioswale, porous/permeable paving) Transportation Demand Provision of a number of bicycle At least 4 items: 1.0 FSR Management parking stalls at least 50% over and above the minimum required with at or least 75% of those additional stalls being Class A At least 8 items: 1.5 FSR Shower and change facility at least 50% over and above the minimum requirements Provision of an exterior publicly accessible covered bike share facility with a minimum of 12 spaces Provision of a minimum of 2 dedicated and signed motor vehicle car -share spaces Purchase of a dedicated motor vehicle for car -share Provision of subsidized transit passes available to all occupants Membership with a Transportation Management Association Installation of transit and active transportation digital displays and provision of materials that promote transit and active transportation Provision of a publicly accessible bicycle repair station Provision of all parking spaces as unbundled 8.a-9 Community Benefit Facility, Service, or Matter Bonus Value Land for public use Dedication of land to a public authority At least 50% over and or utility agency beyond the minimum above the minimum requirements (such as trails, requirement: 0.5 FSR stormwater management facility, road widening, utility corridor) or At least 100% over and above the minimum requirements: 1.0 FSR Non-profit arts, cultural, Gratuitously dedicated facility or space For every 250 m2: 2,000m2 community or on the ground floor or accessible to a maximum of 8,000 m2 institutional use second storey for a non-profit organization related to arts, culture, creative industries, community, or institutional uses Parkland and/or Provision of additional publicly owned At least 25% over and improvement to parks parkland or additional cash -in -lieu above the minimum contribution towards land or park requirement: 1.0 FSR facilities or At least 50% over and above the minimum requirement: 2.0 FSR Protection, Planting of additional native vegetation Provide on-site vegetation conservation, or enhancing the urban forest that is at least 25% over restoration, or and above the minimum enhancement of natural required : 0.25 FSR heritage features Provide on-site vegetation that is at least 50% over and above the minimum required : 0.5 FSR Provision of funds towards off-site Contribution towards off vegetation or ecological restoration site vegetation, urban forest area (ERA) project or restoration of an ERA of: For every $75,000: 1,000 m2 to a maximum total of 8,000 m2 8.a - 10 Community Benefit Facility, Service, or Matter Bonus Value Public parking Secured, accessible public parking For every 25 parking operated by/with the City in a structure spaces: 2,000 m2 to a not visible from a street, either in an maximum total of 6,000 m2 underground or other internal shared arrangement Public transit Provision of infrastructure, facilities, or Contribution for off-site infrastructure services for public transit works over and above minimum requirements of: For every $75,000: 1,000 m2 to a maximum total of 8,000 m2 Renewable or Incorporates renewable energy sources Generates renewable alternative energy (such as solar, wind, geothermal, or energy sources equivalent systems other) into the development and/or is to: part of a District Energy System At least 50% of the development's operating energy: 1.0 FSR or 100% of the development's operating energy source: 2.0 FSR Is part of a District Energy System: 0.75 FSR Conservation and Heritage conservation on a lot that is Entire building: 2.0 FSR maintenance of cultural designated under the Ontario Heritage heritage resources (1) Act and for which a heritage easement or covenant is registered on title (1) A bonus value obtained on a lot only for the community benefit `Conservation and maintenance of cultural heritage resources' may be transferred to one or more lots within a zone which permits bonusing in accordance with Section 4.3. Where density is transferred, a bonus transfer agreement shall be executed with the City. 8.a - 11 Community Benefit Facility, Service, or Matter Bonus Value Equivalent to LEED Buildings will be equivalent to a LEED Equivalent to LEED Gold or standards or equivalent or other similar rating system level by a above (or comparable): 1.0 rating system certified professional FSR Net Zero Energy: 1.25 FSR Net Zero Carbon: 1.5 FSR Net Positive Energy or Carbon: 1.75 FSR Affordable, special Provision of dwelling units that meet 10 to 25 percent of the needs, assisted, or the definition of affordable, special dwelling units: 1.0 FSR subsidized housing needs, assisted, or subsidized; or funds towards City or Region affordable 25 to 50 percent of the housing programs dwelling units: 2.0 FSR Greater than 50% of the dwelling units: 1.5 FSR Contribution of funds towards City or Region affordable housing programs: For every $75,000: 1,000 m2 to a maximum total of 6,000 m2 Amenity area Provision of privately -owned indoor or For every 50 m2: 2,000m2 outdoor amenity area (over and above any parkland dedication requirements) that is accessible to, and equipped for use by, the general public for passive or active recreation or public gatherings Public Art Provision of one or more pieces of Cost of the provision of one public art or more pieces of public art: For every $75,000: 1,000 m2 to a maximum total of 8,000 m2 8.a - 12 Community Benefit Facility, Service, or Matter Bonus Value Residential dwelling Inclusion of dwelling units within a 25 to 100 dwelling units: units mixed use building or provision of a 4,000 m2 range of dwelling unit sizes or Greater than 100 dwelling units: 6,000 m2 25 or greater dwelling units comprised of at least 15% two-bedroom dwelling units, 10% three-bedroom dwelling units and above, and a maximum of 50% bachelor dwelling units: 4,000 m2 Streetscape elements Provision of enhanced streetscape For every $75,000: 1,000m2 elements such as street tree planting, to a maximum total of 8,000 planting bed infrastructure, enhanced m2 paving, etc. Bury underground hydro infrastructure For each public street frontage: 0.5 FSR Design excellence Design of the premises is over and Exceeds the requirements above all of the minimum urban design of the urban design standards and is an exemplary guidelines: 1.0 FSR example of architecture Uses a national or international design competition: 0.5 FSR Food store Provision of a food store on the ground Food store between 2,000 floor of a multi -unit building or mixed m2 and 4,500 m2: 1.0 FSR use building Business incubator/ Dedicated space with limited For every 250 m2: 2,000 m2 accelerator space encumbrances on the ground floor, or to a maximum of 8,000 m2 accessible second storey for an organization related to providing a hub for health, technology, environmental, social, or other like uses as business incubator / accelerator office or maker space 8.a - 13 SECTION 6 - Urban Growth Centre (UGC) Zones The Urban Growth Centre zones apply to lands designated City Centre District, Civic District, Innovation District and Market District, in the Official Plan within the City's downtown 6.1 APPLICABLE ZONES UGC -1: City Centre District — the purpose of this zone is to be a significant location for pedestrian -oriented retail, commercial, and entertainment uses. This zone also provides for residential uses in multiple dwellings and mixed use buildings, along with large-scale office and institutional uses. UGC -2: Civic District — the purpose of this zone is to accommodate cultural, entertainment, and office uses in a civic setting. This zone also provides for residential uses in multiple dwellings and mixed use buildings, institutional uses, and complementary commercial uses. UGC -3: Innovation District — the primary purpose of this zone is to accommodate high- tech, research, and health science -related uses, along with post -secondary and other institutional uses. This zone also provides for supporting commercial uses and residential uses in multiple dwellings and mixed use buildings. UGC -4: Market District — the purpose of this zone is to accommodate a range of uses in a distinctive, market -like setting. 6.2 PERMITTED USES No person shall, within any UGC zone, use or permit the use of any lot, or erect, alter, or use any building or structure for any purpose other than those permitted uses within Table 6-1 below. Table 6-1: Permitted Uses within the Urban Growth Centre Zones Use UGC -1 UGC -2 UGC -3 UGC -4 Adult Education School Artisan's Establishment ✓ ✓ ✓ ✓ Biotechnological Establishment ✓ ✓ Brewpub ✓ ✓(1) ✓ ✓ Commercial Entertainment ✓ ✓ ✓ ✓ Commercial Parking Facility ✓(2) ✓(1) ✓ ✓(2) Commercial School Community Facility ✓ ✓ ✓ ✓ Computer, Electronic, Data Processing, or Server Establishment ✓ ✓ ✓ ✓ Conference, Convention, or Exhibition Facility ✓ ✓ ✓ 8.a - 14 Use UGC -1 UGC -2 UGC -3 UGC -4 Craftsperson Shop ✓(2) ✓(1) ✓ ✓(2) Cultural Facility ✓ ✓ ✓ ✓ Day Care Facility ✓ ✓(1) ✓ ✓ Dwelling Unit ✓(3)(4) ✓(3)(4) ✓(3) ✓(3) Financial Establishment ✓ ✓(1) ✓ ✓ Fitness Centre ✓(2) ✓(1) ✓ ✓(2) Health Clinic Hospice ✓ ✓ ✓ Hospital Hotel ✓ ✓(1) ✓ ✓(5) Large Residential Care Facility ,/ ,/ ,/ Light Repair Operation ✓(2) ✓ ✓(2) Lodging House ✓ ✓ ✓ Multiple Dwelling ✓(6) ✓ ✓(6) ✓(6) Night Club V(2) Office ✓(7) ✓ ✓ ✓ Pawn Establishment ✓(2) ✓(2) Payday Loan Establishment ✓(2) ✓(2) Personal Services ✓ ✓(1) ✓ ✓ Pet Services Establishment ✓(2) ✓(1) ✓ ✓(2) Place of Worship ✓(2) ✓ ✓ ✓(2) Post -Secondary School Print Shop ✓ ✓(1) ✓ ✓ Printing or Publishing Establishment ✓(2) ✓ Research and Development Establishment ✓ ✓ ✓ Restaurant ✓ ✓(1) ✓ ✓ Retail (8) ✓ ✓(1) ✓ ✓ Secondary School ✓ ✓ ✓ ✓ Social Service Establishment ✓ ✓ Veterinary Services ✓ Additional Regulations for Permitted Uses Table 6-1 (1) Shall be located within a multi -unit building or a mixed use building containing at least one permitted use listed in Table 6-1 not subject to this regulation. (2) For any lot or building with frontage or access to King Street, no more than one of each of the uses to which this regulation applies shall be permitted per block on the ground floor facing King Street. For the purposes of this regulation, a block means land on one side of a public street between two public streets. A block may be 8.a - 15 bisected by a lane or walkway. This regulation does not apply to uses within existing buildings or lots. (3) Shall be located within a mixed use building, and except for access, shall not be located on the ground floor. (4) Shall contain a minimum of three dwelling units. (5) Shall be located within an existing building. (6) Dwelling units shall not be permitted on the ground floor of a building fronting King Street East/West, except for access. (7) For a lot with frontage on King Street, the ground floor of a building abutting King Street shall have one or more permitted uses other than office that abuts the entire King Street fagade, except for access. (8) Shall be located within a multi -unit building or a mixed use building. A free-standing retail outlet shall only be located within an existing building. Retail uses shall be permitted to a maximum gross floor area of 42,000 square metres. 6.3 REGULATIONS The regulations for lots in an UGC zone are set out in Table 6-2 below. Table 6-2: Regulations for Urban Growth Centre Zones Regulation UGC -1(1) UGC -2(1) UGC -3(1) UGC -4(1) Minimum lot width (2) 15M Minimum front yard setback and minimum exterior side yard (3) 3 m (3)(4) (3) setback Maximum front yard setback and maximum exterior side yard 2 m (3) 4 m (2)(3) 2 m (3) setback Minimum interior side yard 2 m (5) 2 m 2 m (5) 2 m (5) setback Minimum rear yard setback 4.5 m 4.5 m Minimum yard setback abutting 2 m 2 m a lane 6 Minimum floorspace ratio 1 1 1 Maximum floorspace ratio 3 3 3 3 Maximum floorspace ratio using bonus values in accordance with 8 6 8 (7) Section 4.3 (Bonusing) Minimum number of storeys for a 2 storeys 2 storeys 2 storeys 2 storeys low-rise building 8.a - 16 Regulation UGC -1(1) UGC -2(1) UGC -3(1) UGC -4(1) Minimum number of storeys in the base of a mid -rise building or 3 storeys 3 storeys 3 storeys 3 storeys tall building Maximum number of storeys in the base of a mid -rise building or 5 storeys 5 storeys 6 storeys 5 storeys tall building Minimum street line stepback for mid -rise buildings and tall 3 m 3 m 3 m 3 m buildings Minimum stepback for mid -rise buildings and tall buildings 3 m 3 m 3 m 3 m where the base abuts a low-rise residential zone Minimum ground floor street line fagade width as a percent of the 90% 70% 90% width of the street line 8 Minimum percent street line 65%(10) 65% 65%(10) 65%(10) fagade openings (9) Additional Regulations for Zone Regulations Table 6-2 (1) The regulations within Table 6-2 shall not apply to existing buildings or structures. (2) Despite Section 4.7 of this By-law, a lot may have frontage on a lane. (3) Despite the front yard, exterior side yard, and rear yard setbacks in Table 6-2, the entire fagade of any ground floor abutting King Street, except for recessed entrances, shall be located in accordance with the following: Zone UGC -1 UGC -3 UGC -4 Distance from the King Street street line: Minimum Maximum 0m 2m 0m 4m 0m 2m (4) The entire fagade of any ground floor abutting Victoria Street, except for recessed entrances, shall be located a minimum of 2 metres and a maximum of 4 metres from the Victoria Street street line. (5) The minimum interior side yard setback for a lot with frontage on King Street, Queen Street, Ontario Street, or Charles Street, shall be 0 metres. 8.a - 17 (6) Shall not apply to portions of buildings that are greater than 6 metres above grade. (7) Lots zoned UGC -4 are not eligible for Bonusing. (8) Shall only apply to lots with frontage on King Street and shall only apply to the King Street street line. (9) Measured between 0.5m and 4.5m above exterior finished grade along the entire width of the fagade Illustration 6-1: Street Line Facade Openings Measurement J]LI[] QL][:]E� JI]EI[I �nF—jl 1 I PL ------ ------ ------ ----- ---- � Facade 4.5m .... 0.5m - - Measurement Zone 4.5m — 0.5m — iiriiit I� i 117ilm ------ ------ ------ ----- ---- � Facade 4.5m .... 0.5m - - Measurement Zone 4.5m — 0.5m — iiriiit I� Included Openings (10) The maximum distance between King Street fagade openings and between King Street exterior walls and street line facade openings shall be 4 metres. 6.4 Outdoor Storage No outdoor storage shall be permitted. This shall not however prevent the display of goods or materials for retail purposes. 6.5 Location of Parking Spaces and Loading Spaces 8.a - 18 !Am Included Openings (10) The maximum distance between King Street fagade openings and between King Street exterior walls and street line facade openings shall be 4 metres. 6.4 Outdoor Storage No outdoor storage shall be permitted. This shall not however prevent the display of goods or materials for retail purposes. 6.5 Location of Parking Spaces and Loading Spaces 8.a - 18 New parking spaces and/or loading spaces shall not locate in a front yard or exterior side yard. Section 19 — Site Specific Provisions (1) — Within the lands zoned UGC -1 and shown as affected by this provision on Zoning Grid Schedule 84 and 121 of Appendix A, the following regulations shall apply: a) The maximum building height shall be 12 storeys; and, b) The maximum floor space ratio using bonus value(s) in accordance with Section 4.3 (Bonusing) shall be 6. (2) — Within the lands zoned UGC -1, UGC -3, and UGC -4 and shown as affected by this provision on Zoning Grid Schedule 73, 74, 83, 84, 85, and 120 of Appendix A, the maximum floorspace ratio using bonus value(s) in accordance with Section 4.3 (Bonusing) shall be 6. (3) — Within the lands zoned UGC -4 and shown as affected by this provision on Zoning Grid Schedule 120 of Appendix A, the following regulations shall apply: a) The maximum floor space ratio shall be 1; and, b) The maximum building height shall be 9 metres. (4) — Within the lands zoned UGC -1 and shown as affected by this provision on Zoning Grid Schedule 84, 85, 120, and 121 of Appendix A, the maximum building height shall be 6 storeys. For existing buildings exceeding 6 storeys, the maximum building height shall be the existing building height. (5) — Within the lands zoned UGC -4 and shown as affected by this provision on Zoning Grid Schedule 120 of Appendix A, the maximum building height shall be 9 metres within 25 metres of Market Lane. (6) — Within the lands zoned UGC -3 and shown as affected by this provision on Zoning Grid Schedule 73, 84, and 85 of Appendix A, bonusing in accordance with Section 4.3 (Bonusing) shall not be permitted. (7) — Within the lands zoned UGC -1 and shown as affected by this provision on Zoning Grid Schedule 120 of Appendix A, the maximum floorspace ratio north of Hall's Lane shall be 4. The maximum floor space ratio north of Hall's Lane may exceed 4 in accordance with Section 4.3 (Bonusing) and the UGC -1 maximum floorspace ratio using bonus values. (8) — Within the lands zoned UGC -1 and shown as affected by this provision on Zoning Grid Schedule 84 and 85 of Appendix A, the maximum building height shall be 14 metres within 30 metres of the Joseph Street street line. (9) — Within the lands zoned UGC -1 and shown as affected by this provision on Zoning Grid Schedule 85 and 120 of Appendix A, the following regulations shall apply: 8.a - 19 a) The maximum floor space ratio shall be 4.6. The maximum floor space ratio may exceed 4.6 in accordance with Section 4.3 (Bonusing) and the UGC -1 maximum floor space ratio using bonus values; and, b) The minimum yard setback abutting a Lane shall be 0 metres. (10) — Within the lands zoned UGC -3 and shown as affected by this provision on Zoning Grid Schedule 73, 74, and 84 of Appendix A, the following regulations shall apply: a) The maximum floorspace ratio shall be 5; b) Despite a), an additional floor space ratio of 3.2 for a total maximum floor space ratio of 8.2 is permitted through bonusing and a Section 37 Agreement that is registered on title against the subject lands; c) The minimum front yard setback shall be 0 metres and the storeys above the base facing Victoria Street shall have a 4.3 metre stepback; d) The minimum rear yard setback shall be 0 metres; e) The minimum side yard setback where the building abuts 11 and 13 Arthur Place shall be 3 metres (excluding the colonnade). The minimum stepback where the base abuts 11 Arthur Place shall be 4.6 metres (excluding architectural features); f) The minimum side yard setback where the building abuts 92 and 94 Victoria Street South shall be 0 metres (excluding the colonnade). The minimum stepback where the base abuts 92 and 94 Victoria Street South shall be 6 metres (excluding architectural features); g) The maximum base height shall be 14.5 metres and shall not include mechanical units or vertical features such as parapets or screen walls on the base; h) The maximum building height shall be 69 metres excluding mechanical or elevator penthouses; i) A minimum of 50% of the Victoria Street South ground floor fagade shall be comprised of fagade openings including commercial display windows, building entrances, or other such public areas; j) The maximum gross leasable commercial space for retail shall be 1,000 square metres, and no single retail outlet shall exceed 500 square metres; k) The minimum setback to a balcony from the front lot line shall be 2.5 metres; 1) Architectural features (including a colonnade), shall be permitted in any required yard provided the minimum setback to the feature from a lot line is 0.5 metres; m) The minimum setback to an arterial road shall be 0 metres following the taking of any necessary road widenings; and, 8.a-20 n) All parking on the site shall be contained within a parking structure (11) — Within the lands zoned UGC -1 and shown as affected by this provision on Zoning Grid Schedule 85 of Appendix A, the maximum floor space ratio shall be 5.7. The maximum floor space ratio may exceed 5.7 in accordance with Section 4.3 (Bonusing) and the UGC -1 maximum floorspace ratio using bonus values. (12) — Within the lands zoned UGC -1 and shown as affected by this provision on Zoning Grid Schedule 84 of Appendix A, the maximum floor space ratio south of Hall's Lane and north of Charles Street shall be 4.4. The maximum floor space ratio south of Hall's Lane and north of Charles Street may exceed 4.4 in accordance with Section 4.3 (Bonusing) and the UGC -1 maximum floorspace ratio using bonus values. (13) — Within the lands zoned UGC -3 and shown as affected by this provision on Zoning Grid Schedule 84 of Appendix A, the following regulations shall apply: a) The maximum floor space ratio shall be 7.5. The maximum floor space ratio may exceed 7.5 in accordance with Section 4.3 (Bonusing) and the UGC -3 maximum floor space ratio using bonus values; b) The maximum gross leasable commercial space for individual single retail establishments shall be 300 square metres and the maximum combined gross leasable commercial space for retail shall be 1,000 square metres; C) Non-residential uses shall be located only on the ground floor; d) Not less than 50 percent of the area of each ground floor fagade addressing King Street West and Victoria Street South shall be devoted to fagade openings. e) There shall be no minimum yard setback requirements for the base, including balconies and patio uses accessory to a restaurant; f) The minimum stepbacks for any portion of the building above the base shall be: i) 15 metres from the King Street West base facade; and ii) 3.5 metres from the Halls Lane base fagade; g) The minimum base facade height shall be 12 metres; h) The maximum base fagade height shall be 22.5 metres; i) The maximum building height for any portion of the building above the base shall be 70 metres provided that the other provisions of this site specific provision are satisfied; and, j) All provided off-street parking shall be located within a parking structure. 8.a - 21 (14) — Within the lands zoned UGC -3 and shown as affected by this provision on Zoning Grid Schedule 84 of Appendix A, the following regulations shall apply: a) The maximum floor space ratio shall be 7.5. The maximum floor space ratio may exceed 7.5 in accordance with Section 4.3 (Bonusing) and the UGC -3 maximum floor space ratio using bonus values; b) The maximum gross floor area for retail shall be 10,000 square metres; c) The maximum gross floor area for an individual, single retail use establishment 1,000 square metres; d) Retail shall be located in the first 2 storeys of a building; e) The minimum setback from King Street West shall be 7 metres measured from the back of curb; f) The minimum setback (for any building constructed after the date of passing of this By-law) from Victoria Street North or Duke Street West shall be 7 metres measured from the back of curb within 60 metres of King Street West and 2 metres measured from the back of curb for all other locations; g) The maximum base height shall be 21.5 metres; h) The maximum building height applicable to any building addition located above the 1913 portion of the Rumpel Felt Company building shall be 8.5 metres, measured from the highest point of the roofline of the 1913 portion of the Rumpel Felt Company building; i) For any building constructed after the date of passing of this By-law, not less than 50 percent of the area of any ground floor facade addressing King Street West and Victoria Street North shall be devoted to fagade openings; and, j) Dwelling units, multiple dwellings, adult education school, commercial school, post -secondary school, secondary school and day care facilities may be permitted subject to the completion of a detailed Noise and Vibration Assessment, to assess both potential off-site and on-site transportation and stationary noise sources, to the satisfaction of the Region of Waterloo. Any building or part thereof used for a residential dwelling, adult education school, commercial school, post -secondary school, secondary school and/or day care facility shall be located 30 metres from the lot line abutting the CN Rail right-of- way. Buildings or parts thereof used for the above noted uses may be permitted where a 30 metre setback from the lot line abutting the CN Rail right-of-way can be provided. (15) — Within the lands zoned UGC -1 and shown as affected by this provision on Zoning Grid Schedule 84 of Appendix A, the following regulations shall apply: 8.a - 22 a) The bonus value(s) for the Community Benefit `Residential Dwelling Units' may exceed the bonus value identified in Table 4-1; and, b) The maximum floor space ratio using bonus value(s) in accordance with Section 4.3 (Bonusing) may exceed 8. (16) — Within the lands zoned UGC -1 and shown as affected by this provision on Zoning Grid Schedule 84 of Appendix A, the following regulations shall apply: a) The minimum floorspace ratio shall be 1; b) The maximum floorspace ratio shall be 3; C) Despite Subsection b), an additional floor space ratio of 3 shall be provided in exchange for community benefits secured through a Section 37 Agreement for a total maximum floor space ratio of 6; d) The maximum building height shall be 30.5 metres; e) No part of a building setback less than 1 metre from King Street shall exceed 27 metres in height. For any portion of a building exceeding 27 metres in height within 1 metre of King Street, a minimum 5 metre stepback is required; f) Architectural features such as a cantilevered overhead canopy may extend into the front yard to within 0.09 metres of the front lot line; g) A maximum of 123 parking spaces shall be provided on the subject lands; h) A minimum of 2 parking spaces out of the total number of parking spaces provided shall be electrical vehicle parking spaces; i) A minimum of 41 class A bicycle parking stalls and 28 class 8 bicycle parking stalls shall be required; j) A minimum of 2 showers located each within 8 square metres of shower and change facilities shall be required; and, k) A minimum of 1 motor vehicle ride -share space shall be required. (17) — Within the lands zoned UGC -3 and shown as affected by this provision on Zoning Grid Schedule 73, 74, 84 and 85 of Appendix A, multiple dwelling and day care facility shall be permitted subject to: a) The Region of Waterloo and the City of Kitchener having received acknowledgment from the Ministry of the Environment advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation; and, 8.a-23 b) The completion of a detailed Noise and Vibration Assessment, to assess both potential off-site and on-site transportation and stationary noise sources, to the satisfaction of the Region of Waterloo and the City of Kitchener. Any building or part thereof used for a multiple dwelling and/or day care facility shall be located 30 metres from the lot line abutting the CN Rail right-of-way. Buildings or parts thereof used for the above noted uses may be permitted where a 30 metre setbackfrom the lotline abutting the CN Rail right-of-way can be provided. Under certain circumstances, the setback distance may be measured as a combination of horizontal and vertical distances, as long as the horizontal and vertical value add up to the recommended setback. (38) — Within the lands zoned COM -2 and shown as affected by this provision on Zoning Grid Schedule 92 and 93 of Appendix A, the following regulations shall apply: a) The maximum building height shall be 12 metres within 20 metres of a residential zone; and, b) Patios, decks and outdoor recreation areas associated with a restaurant shall not be located within 20 metres of a residential zone, and in no case shall a patio, deck or outdoor recreation area be located between any building and a residential zone. (54) — Within the lands zoned COM -2 and shown as affected by this provision on Zoning Grid Schedule 43 of Appendix A, the existing drive-through facility shall be permitted. (136) — Within the lands zoned COM -2 and shown as affected by this provision on Zoning Grid Schedule 66 and 92 of Appendix A, the following shall apply: a) Loading spaces shall be permitted to locate within 7.5 metres of an abutting residential zone; and, b) No rear yard setback or interior side yard setback shall be required for the existing building. (137) — Within the lands zoned COM -2 and shown as affected by this provision on Zoning Grid Schedule 65 of Appendix A, the following shall apply: a) No minimum front yard set back shall be required; and, b) The total landscaped area on the lot shall be equal to or greater than the landscaped area existing on the date of passage of this By-law. (159) - Within the lands zoned UGC -1 and shown as affected by this provision on Zoning Grid Schedule 121 of Appendix A, the maximum floorspace ratio shall be 16. (160) - Within the lands zoned COM -2 and shown as affected by this provision on Zoning Grid Schedule 66, 65, 92 and 93 of Appendix A, the following shall apply: 8.a-24 a) the maximum number of parking spaces permitted through Table 5-3 shall be permitted for buildings or portions of buildings that were not existing on the effective date of the By-law; and, b) parking spaces provided for buildings or portions of buildings that were not existing on the effective date of the By-law shall be considered existing parking spaces for the purposes of 5.6 b). Section 20 — Holding Provisions (1 H) — Within the lands zoned UGC -3 and shown as affected by this provision on Zoning Grid Schedule 73, 74, and 84 of Appendix A: a) No residential use shall be permitted until such time as a Record of Site Condition is submitted and acknowledged by the Ministry of the Environment. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the MOEE advising that a Record of Site Condition has been completed to the satisfaction of the Ministry of the Environment. (2H) — Within the lands zoned UGC -3 and shown as affected by this provision on Zoning Grid Schedule 84 of Appendix A, the following shall apply: a) The following uses and uses accessory thereto may be permitted in accordance with the regulations of Section 5 (Parking) and Section 6 (UGC Zones) of this By- law until such time as the holding symbol affecting the lands has been removed by By-law: i) Commercial parking facility not requiring building permit(s) ii) Transportation depot not requiring building permit(s); iii) Wayside pit; iv) Construction trailer; and, v) Sales office and/or office of up to 500 square metres of gross floor area on each property (unless located within a building existing on the date of passing of this By-law and in accordance with the regulations of section 6, in which case no maximum gross floor area shall apply). b) The holding symbol shall not be removed until such time as: i) The City and the Region are in receipt of a Record of Site Condition and a letter of acknowledgement from the Ministry of the Environment or its delegate advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation; 8.a - 25 A detailed Servicing Capacity Study for all phases of development has been completed to the satisfaction of the City's Director of Engineering and Director of Utilities; and iii) The holding provision affecting these lands has been removed by by-law. (7H) - Within the lands zoned MIX -1 and shown as affected by this provision on Zoning Grid Schedule 89, 90, 115, and 116 of Appendix A, the following shall apply: a) No residential uses, places of worship, day care facility, adult education school, commercial school, post -secondary school or, secondary school shall be permitted until such time as the City is in receipt of a letter from the Region advising that the requirements have been satisfied with respect to the submission of a detailed stationary and traffic noise assessment, based on the proposed site plan, to address compatibility, and this holding provision has been removed by By-law; and, b) No uses shall be permitted until such time as the City and the Region are in receipt of a Record of Site Condition, prepared in accordance with the Guideline for the Decommissioning and Clean-up of Sites in Ontario and acknowledged by the Ministry of the Environment, confirming that the subject property is suitable for residential and other sensitive uses, and this holding provision has been removed by By-law 16H) — Within the lands zoned UGC -3 and shown as affected by this provision on Schedule 73 and 74 of Appendix A, no residential use shall be permitted until such time as a Record of Site Condition is submitted and approved to the satisfaction of the Ministry of the Environment, Conservation and Parks (MOECP). This provision shall not be removed until the City is in receipt of a letter from the MOECP advising that a Record of Site Condition has been completed to the satisfaction of the MOECP. Section 21 — Temporary Use Provisions (1T) — Within the lands zoned UGC -3 and shown as affected by this provision on Zoning Grid Schedule 84 of Appendix `A', habitation of two existing accessory structures without plumbing services, ancillary to the residential care facility shall also be permitted, for a time period of 3 years effective December 12, 2016. 8.a-26 z wa E m L.U. 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L ' d • z w I W O = w N fB I Z 0 m I Y N CL I d O LU U I 3u�S y 9174 alnp u0S ~ ---------- - , ----------------- U - - 96d aln ayoS i 8.a - 40 COMMITTEE OF THE WHOLE AGENDA MONDAY, MAY 27, 2019 CHAIR — COUNCILLOR D. SCHNIDER A. BY-LAWS LISTED ON THE AGENDA — 2ND READING That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment. B. ADMINISTRATIVE REPORTS Tenders Attached are reports from M. Fisher, Director of Procurement, recommending: FIN -19-041 — Sole Source — Supervisory Control and Data Acquisition (SCADA) Software That GE Intelligent Platforms Canada Company, Mississauga, Ontario, be the sole source provider for the purchase of Supervisory Control and Data Acquisition (SCADA) software at a cost of $99,977.46 plus H.S.T. of $12,997.07 for a total of $112,974.53, plus ongoing licensing and support of the software for five (5) additional years, provided a satisfactory contract is executed. FIN -19-042 — Sole Source — Website Upgrade to Enhance Online Customer Service Experience That eSolutions Group Limited, Waterloo, Ontario, be the sole source provider of the website upgrade to www.kitchener.ca, including the development and implementation of the enhanced online customer service portal, at a cost of $273,520., plus H.S.T. of $35,557.60 for a total of $309,077.60, provided a satisfactory contract is executed. iii. FIN -19-044 — T19-082 One (1) All -Wheel Drive 17.8 kw (23.9 hp) Diesel Turf Tractor with Cut and Line Self -Propelled Athletic Field Painter That Tender T19-082 One (1) All -Wheel Drive 17.8 kw (23.9 hp) Diesel Turf Tractor with Cut and Line Self -Propelled Athletic Field Painter, be awarded to Simplistic Lines Inc., Stratford, Ontario, at their tendered price of $109,975., plus H.S. T. of $14,296.75, for a total of $124,271.75. iv. FIN -19-045 —T19-054 Iron Horse Trail North and South Section Improvements That Tender T19-054 Iron Horse Trail North and South Section Improvements, be awarded to Coco Paving Inc., Petersburg, Ontario, at their adjusted tendered price of $2,144,696.50, including provisional item and contingencies of $458,646.15, plus H.S.T. of $278,810.54, for a total of $2,423,507. FIN -19-046—T19-042 Queen Street Lighting That Tender T19-042 Queen Street Lighting, be awarded as follows: Tender item for Poles (including accessories) to Gerrie Electric Wholesale Limited, Burlington, Ontario, at their tendered price of $113,760.64, plus H.S. T. of $14,788.89, for a total of $128,549.531- and, Tender item for Luminaires to King Luminaire Co Inc. o/a StressCrete Ltd, Burlington, Ontario, at their tendered price of $50,820., plus H.S.T. of $6,606.60, for a total of $57,426.60. COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - CONT'D MAY 27, 2019 2. COR -19-026 — Sign Variances — 760 Commonwealth Crescent and 524 Belmont Avenue West Attached is Corporate Services Department report COR -19-026 (D. Saunderson) dated May 22, 2019. That the application of WATERLOO REGION DISTRICT SCHOOL BOARD (SG 2019-009 760 Commonwealth Crescent) requesting permission to replace the existing sign with a ground -supported sign having automatic changing copy located 18.7m from a residential zone rather than the required 100m, on Block 53, Registered Plan 58M-416, 760 Commonwealth Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a Sign Permit for the proposed business from the Planning Division. 2. That the owner shall ensure the automatic changing copy shall not contain flashing, intermittent or moving lights and that the rate of change in the content of the graphics shall remain static for a minimum of six (6) seconds in accordance with the Sign By-law. 3. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 11 p.m. and 6 a.m. 4. That the owner shall complete the above noted Conditions 1 to 3 prior to September 1, 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 the decision. Failure to fulfill these conditions will result in this approval becoming null and void. -and- That the application of ROYAL CANADIAN LEGION requesting permission to replace the existing sign with a ground -supported sign having a height of 3.65m rather than the maximum permitted height of 2m, on Part Lot 15, Plan 402, being Part 2 on Reference Plan 58R-1135, 524 Belmont Avenue West, 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 the automatic changing copy shall not contain flashing, intermittent or moving lights and that the rate of change in the content of the graphics shall remain static for a minimum of six (6) seconds in accordance with the Sign By-law. 4.That the owner shall complete the above noted Condition 1 prior to September 21, 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. COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - CONT'D 3. COR -19-029 — Appointment to Heritage Kitchener MAY 27, 2019 Attached is Corporate Services Department report COR -19-029 (C. Tarling) dated May 13, 2019. That Jordan Baker be appointed to Heritage Kitchener as the Museum Specialist/Conservator representative for the period ending November 30, 2020. 4. COR -19-030 — Encroachment Request: 156-158 King Street West/1-11 Young Street — Canopy and Door Swing Attached is Corporate Services Department report COR -19-030 (E. Kearney), dated May 14, 2019. That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of the property municipally known as 156-158 King Street West/1-11 Young Street to authorize the installation of a canopy and doors which will encroach over the City's King Street and Young Street road allowances. 5. DSD -19-135 — Bill 108, More Homes, More Choice Act, 2019 Attached is Development Services Department report DSD -19-135 (J. Readman and J. Lautenbach), dated May 22, 2019. WHEREAS the Province of Ontario has introduced Bill 108, More Homes, More Choice Act, 2019 in an effort to increase housing supply; THEREFORE BE IT RESOLVED that the City of Kitchener express its support for aspects to the bill including proposed changes to: • Schedule 6, Environmental Assessment Act, which increases environmental assessment exemptions from low risk municipal undertakings; and, • Excess Soil Regulatory Proposal and Amendments to Record of Site Condition (Brownfields) (Proposed Regulation), which would allow more excess soil to be reused locally; and, BE IT FURTHER RESOLVED that the City of Kitchener request the Province to reconsider proposed changes to: • Schedule 3, Development Charges Act, which may reduce the ability for soft services to be continue to be funded by new growth; • Schedule 9, Local Planning Appeal Tribunal Act, which would shorten municipal decision-making timelines and reduce community engagement and increase decisions made by a tribunal rather than locally; and, • Schedule 12, the Planning Act, Section 37, to continue to permit density bonusing where the bonusing provisions are clearly articulated in a municipality's zoning by-law; and, BE IT FURTHER RESOLVED that the Province be requested to extend consultation on Bill 108 to 120 days as key implementation measures have not been released; and further, BE IT FINALLY RESOLVED that Report DSD -19-135 be submitted to the Ministry of Municipal Affairs and Housing, Regional Members of Provincial Parliament, and the Association of Municipalities of Ontario, as the City of Kitchener's comments on Bill 108. 4 COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - CONT'D 6. DSD -19-138 — Parking Agreement — Bramm Street Yard MAY 27, 2019 Attached is Development Services Department report DSD -19-138 (B. Cronkite) dated May 13, 2019. That the Mayor and Clerk be authorized to execute a parking agreement satisfactory to the City Solicitor to lease an area of the Bramm Street Yards parking lot comprising 45 parking spaces and a landscaped area to 100VIC GP Inc., and That the Manager, Parking Enterprise be authorized to execute temporary parking agreements on City Lands having a term of not greater than three years, provided that any such agreements shall have been approved by the City Solicitor and provided further that any such agreements having a term in excess of one year shall include provision for cancellation by the City on not greater than 60 days notice and/or a provision to relocate parking to other parking facilities. Rise and Report I Staff Repod Financial Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: 2019-05-27 SUBMITTED BY: Margaret Fisher, Director of Procurement, 519-741-2200 ext. 7214 PREPARED BY: Laurie Stecho, Supervisor of Procurement, 519-741-2200 ext. 7089 WARD (S) INVOLVED: N/A DATE OF REPORT: 2019-04-24 REPORT NO.: FIN -19-041 SUBJECT: Sole Source — Supervisory Control and Data Acquisition (SCADA) Software RECOMMENDATION: That GE Intelligent Platforms Canada Company, Mississauga, Ontario, be the sole source provider for the purchase of Supervisory Control and Data Acquisition (SCADA) software at a cost of $99,977.46 plus H.S.T. of $12,997.07 for a total of $112,974.53, plus ongoing licensing and support of the software for five (5) additional years, provided a satisfactory contract is executed. BACKGROUND: In 2016, the City completed a Supervisory Control and Data Acquisition (SCADA) Needs Study. The purpose of the study was to conduct a review of the City's existing SCADA system for sanitary sewage pumping stations, identify needs and recommend an implementation plan. The SCADA Needs Study found that all three layers; software, hardware and telecommunications layers of the SCADA system are aging and in need of an upgrade/replacement to bring the system up to industry standards and to address obsolete technologies. The City's reliance on SCADA for regulatory compliance and efficient operations necessitates the management of SCADA as a critical asset. A component of the SCADA Needs Study was to evaluate various software packages and select a product that best met the City's needs. This was achieved through workshops with staff. Through the evaluation, the GE SCADA iFIX was selected as the software package moving forward for the City's SCADA system. The scope of work for this phase of the project includes the purchase of the GE iFIX SCADA software package. The SCADA Needs Study evaluated several software vendors. The GE iFIX SCADA package was selected based on support, integrator knowledge, standards availability, architecture and cost. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. GE FIX software distribution is controlled by GE and as such there is only one licenced vendor for this in Ontario. Therefore, the purchase of this software is under the sole sourcing provisions of the Purchasing By-law This procurement is the next step in a multistep implementation. Council has approved the funding and purchases of services related to the SCADA Needs Study, the SCADA design, and staff are now moving toward the implementation through the procurement of required hardware and software. REPORT: As per clause 170.8.2 of the Purchasing By-law 2017-106, it states, "The use of a Non -Standard Procurement process is only permitted under the following circumstances: b. where only one Supplier is able to meet the requirements of a Procurement in order to: i. ensure compatibility with existing products; ii. recognize exclusive rights, such as exclusive licenses, copyright and patent rights; or iii. maintain specialized products that must be maintained by the manufacturer or its representative;" As per clause 170.8.3 of the Purchasing By-law 2017-106, it states, "All non-standard Procurement processes must be approved and conducted in accordance with this By-law including the table set out in this section and all applicable procedures." Requirement Procurement Value Excluding Taxes Procurement Process Approval Authority Goods, Up to $99,999 Non -Competitive or Director of Supply Services, Construction, Limited Competition Services Consulting Services Goods, Greater than Non -Competitive or Council Services, Construction, $100,000 Limited Competition Consulting Services The recommendation was reviewed by S. Allen, Manager of Engineering Design and Approvals and K. Mick, Design and Approvals Engineer, who concur with the above recommendation. 1J-2 ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: The net cost for this purchase (A), is fair and reasonable for a purchase of this scope and the upset limit is within the budget allowance (B) provided within the budget. Funding for this purchase is included within the approved capital budget. The estimated surplus (D) will remain within the account to help fund SCADA construction costs. SCADA Software Purchase Estimated Cost for this Phase of Work Quote received, including HST less: HST rebate Net Cost Being Awarded Projected additional costs Total Estimated Cost for this Phase of Work Budget for this Phase of Work Sanitary Utility Development Charges Total Budget for this Phase of Work Estimated Surplus/(Deficit) for this Phase of Work (B - C) COMMUNITY ENGAGEMENT: $ 112, 974.53 (11, 237.46) 101, 737.07 A 101, 737.07 C 86, 250.00 38, 750.00 125, 000.00 B 23, 262.93 D INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department I Staff Repod Financial Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: 2019-05-27 SUBMITTED BY: Margaret Fisher, Director of Procurement, 519-741-2200 ext. 7214 PREPARED BY: Laurie Stecho, Supervisor of Procurement, 519-741-2200 ext. 7089 WARD (S) INVOLVED: N/A DATE OF REPORT: 2019-04-29 REPORT NO.: FIN -19-042 SUBJECT: Sole Source — Website Upgrade to Enhance Online Customer Service Experience RECOMMENDATION: That eSolutions Group Limited, Waterloo, Ontario, be the sole source provider of the website upgrade to www.kitchener.ca, including the development and implementation of the enhanced online customer service portal, at a cost of $273,520., plus H.S.T. of $35,557.60 for a total of $309,077.60, provided a satisfactory contract is executed. BACKGROUND: eSolutions Group has been the City's website provider since 2006. They are recognized for their work in the public sector and provide website design, development and support for the Region of Waterloo, including its municipalities and townships and forty-five other Canadian municipalities. eSolutions Group offers valuable experience and understands the unique needs of the municipalities they serve. The longstanding relationship between eSolutions Group and the City of Kitchener has resulted in many custom solutions, upgrades and expansions of existing web properties. The development of the online customer service portal is one component of the next regularly scheduled website refresh, scheduled to take place in 2020. The portal represents the next natural expansion of the City's website capabilities, providing a seamless user experience where citizens can perform online interactions without leaving the corporate website and going to a separate service portal. With eSolutions Group as the sole source provider, the City will benefit from the continued use of a centralized and consistent content management system (CMS). Staff are already trained on and have extensive experience with the eSolutions CMS, which is used to update content on the city's website and microsites, and will be used for the portal content as well. The City will also be able to integrate services and content across its eight websites (which are also built on the eSolution platform), as well as leverage other eSolutions technology we have already paid for, including online forms. Further, a single CMS will create efficiencies for staff and allow for *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1.H - 1 business continuity among website services, not only within the City of Kitchener but also across the Region. The city's website and portal are inseparable and should be provided by a single website vendor. eSolutions Group is the only provider able to build this experience as part of the existing corporate website being the City's existing website provider. An alternate vendor would not be able to deliver the vision for the upgraded website with an embedded online customer service portal experience without building a brand new corporate website, which would require substantial financial investment. REPORT: As per clause 170.8.2 of the Purchasing By-law 2017-106, it states, "The use of a Non -Standard Procurement process is only permitted under the following circumstances: b. where only one Supplier is able to meet the requirements of a Procurement in order to: i. ensure compatibility with existing products; ii. recognize exclusive rights, such as exclusive licenses, copyright and patent rights; or iii. maintain specialized products that must be maintained by the manufacturer or its representative;" As per clause 170.8.3 of the Purchasing By-law 2017-106, it states, "All non-standard Procurement processes must be approved and conducted in accordance with this By-law including the table set out in this section and all applicable procedures." Requirement Procurement Value Excluding Taxes Procurement Process Approval Authority Goods, Up to $99,999 Non -Competitive or Director of Supply Services, Construction, Limited Competition Services Consulting Services Goods, Greater than Non -Competitive or Council Services, Construction, $100,000 Limited Competition Consulting Services 1.H-2 In summary eSolutions Group is the existing vendor for the City's website and therefore the only vendor able to provide the envisioned upgrade to a customized and integrated online customer experience for the following reasons: i. eSolutions ensures cross -site compatibility with the existing corporate website, microsites; ii. eSolutions owns the rights to specialized products already purchased by the city including the content management system (CMS), online forms, the municipal consent form, property tax calculator, calendar, website notification system and other online tools used by the City — which will be integrated into the portal; iii. and, the website is a specialized product that has been built and maintained by eSolutions. Significant financial investment would be required for a different vendor to build the envisioned portal experience because, aside from the development of the portal, it would require them to rebuild the corporate website. The recommendation was reviewed by J. Miller, Director of Corporate Customer Service, who concurs with the above recommendation. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city's strategic vision through the delivery of core service. Sole sourcing the website upgrades and enhanced online customer service portal aligns with the following strategic initiatives: Strategic Priority: Effective and Efficient City Services Strategy: 5.2: Improve the design and delivery of city services so that they provide what citizens want in the most reliable, convenient and cost-efficient way. Strategic Action: OG19 Development of the Online Customer Service Portal 1Ji - 3 FINANCIAL IMPLICATIONS: The net cost for this tender (A), is fair and reasonable for a project of this scope and the upset limit is above the funding available (B) for this project. Funding for this project is included within the approved capital budget. The estimated surplus (D) will remain in the Customer Relationship Management account to fund future phases of this project. Website Upgrade: Portal Development & Integration Estimated Cost for this Phase of Work Quote received, including HST less: HST rebate Net Cost Being Awarded Projected additional costs Total Estimated Cost for this Phase of Work Budget for this Phase of Work Online Customer Service Portal Customer Relationship Management 309, 077.60 (30, 743.63) 278, 333.97 A 278, 333.97 C 119, 000.00 161, 000.00 Total Budget for this Phase of Work 280,000.00 B Total Estimated Surplus/(Deficit) 1,666.03 D COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. CONSULT — The need for an integrated and seamless online customer experience was validated through the 2018 Corporate Customer Service Review. Extensive public consultation with over 5,000 staff and citizens was conducted to determine how citizens value existing customer service, and what improvements can be made to service. Information about the review and its recommendations can be found in staff report CSD -19-002. ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department 1.H - 4 I Staff Repod Financial Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: 2019-05-27 SUBMITTED BY: Margaret Fisher, Director of Procurement, 519-741-2200 ext. 7214 PREPARED BY: Alex Albrecht, Procurement Specialist, 519-741-2200 ext. 7216 WARD (S) INVOLVED: N/A DATE OF REPORT: 2019-05-07 REPORT NO.: FIN -19-044 SUBJECT: T19-082 One (1) All -Wheel Drive 17.8 kw (23.9 hp) Diesel Turf Tractor with Cut and Line Self -Propelled Athletic Field Painter RECOMMENDATION: That Tender T19-082 One (1) All -Wheel Drive 17.8 kw (23.9 hp) Diesel Turf Tractor with Cut and Line Self -Propelled Athletic Field Painter, be awarded to Simplistic Lines Inc., Stratford, Ontario, at their tendered price of $109,975., plus H.S.T. of $14,296.75, for a total of $124,271.75. BACKGROUND: This unit will replace 6079 in INS -Parks and Cemeteries as approved for replacement in the 2019 Annual Fleet Equipment Review. This unit will be used for line painting and mowing of sports fields. The unit is global position system controlled and eliminates the need for manual field marking setup and layout. The unit being replaced is 10 years old with an 8 year lifecycle. REPORT: As per clause 170.7.3 of the Purchasing By-law 2017-106, it states, "Regardless of Procurement Value, the Director of Supply Services shall submit a report to Council recommending award of a purchase greater than $100,000 if any one or more of the following conditions apply: c. only one Bid was received in response to a Solicitation". Tenders were advertised publicly on the City of Kitchener website. Documents were downloaded by one (1) interested party and by the closing date of Tuesday April 23, 2019, one (1) tender had been received. The following tender was received: Simplistic Lines Inc. Stratford ON Bid Price $ 124,271.75 * Only one bid was received because Simplistic Lines Inc. is the only manufacturer of this specialized type of unit in North America. The tender was reviewed by M. Born, Manager of Fleet, who concurs with the above recommendation. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: The net cost for this tender (A), is fair and reasonable for a purchase of this scope and the upset limit is within the budget allowance (B) provided within the budget. Funding for this equipment is included within the approved capital budget. The estimated surplus (D) will remain within the Equipment Reserve Fund to fund future equipment purchases. Tender T19-082 Supply and Install One (1) All -Wheel Drive 17.8 kw (23.9 hp) Diesel Turf Tractor with Cut and Line Self -Propelled Athletic Field Painter Estimated Cost for this Tender Tender T19-082 costs including HST less: HST rebate on tender Net Cost Being Awarded Projected Costs for Additional Outfitting Total Estimated Cost for this Tender Budget for this Tender Replacement of unit 6079 in INS - Parks and Cemeteries Estimated Surplus/(Deficit) for this Tender (B - C) COMMUNITY ENGAGEMENT: $124,271.75 (12,361.19) 111,910.56 A $111,910.56 C 120,000.00 B F-119TWOMEWD INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department 1.ili - 2 I Staff Repod Financial Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: 2019-05-27 SUBMITTED BY: Margaret Fisher, Director of Procurement, 519-741-2200 ext. 7214 PREPARED BY: Steve Rudak, Procurement Specialist, 519-741-2200 ext. 7213 WARD (S) INVOLVED: Wards 9 and 10 DATE OF REPORT: 2019-05-16 REPORT NO.: FIN -19-045 SUBJECT: T19-054 Iron Horse Trail North and South Section Improvements RECOMMENDATION: That Tender T19-054 Iron Horse Trail North and South Section Improvements, be awarded to Coco Paving Inc., Petersburg, Ontario, at their adjusted tendered price of $2,144,696.50, including provisional item and contingencies of $458,646.15, plus H.S.T. of $278,810.54, for a total of $2,423,507. BACKGROUND: The Iron Horse Trail Improvement Strategy was completed by the City and approved by Council in November 2015. The improvement strategy focused on community input and the development of a vision for the trail corridor. In 2018, the central section improvements of the Iron Horse Trail, from Gage Avenue to Queen Street South, were completed. The north and south section improvements are the continuance of this strategyforthe Iron Horse Trail. Improvements under this tender include trail widening, lighting, roadway crossings, site furnishings and landscaping. Work is scheduled to begin spring/summer 2019, and be completed by May 2020. REPORT: Tenders were advertised publicly on the City of Kitchener website. Documents were downloaded by thirty-two (32) interested parties and by the closing date of Tuesday April 30, 2019, seven (7) tenders had been received. The tenders were reviewed by M. Parris, Landscape Architect, L. Christensen, Multi -Use Pathway and Trails Project Manager and T. McCormick of Stantec, the City's Consultant for the project, who concur with the above recommendation. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1.iv - 1 The following tenders were received: Bid Price Adjusted Bid Price Coco Paving Inc. Petersburg ON $2,466,790.01 $2,423,507.00* Kingsvalley Landscape Contractors Inc. Maple ON $2,517,108.90 $2,439,138.90 Network Sewer and Watermain Ltd. Cambridge ON $2,482,642.55 $2,439,465.00 Steed and Evans Ltd. St. Jacob ON $2,579,542.08 $2,531,545.30 Brantco Construction Cambridge ON $2,630,543.95 $2,550,031.40 Hardscape Concrete & Interlock Cambridge ON $2,824,969.78 $2,759,017.20 CSL Group Ltd. Ancaster ON $3,586,490.46 $3,517,278.00 The adjusted bid price removed provisional items; 12.01 remove and decommission monitoring well, 12.02 remove and dispose of contaminated fill material and 12.03 sub -excavation and disposal off site. These items are unknowns that may be required during construction and if required will be funded through the contingency. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city's strategic vision through the delivery of core service. 1.iv - 2 FINANCIAL IMPLICATIONS: The net cost for this Tender (A), is fair and reasonable for a project of this scope although the upset limit is slightly higher than the funding available (B) for this project. Funding for this project is included within the approved capital budget. The estimated deficit (E) will be funded from the general trails provision. T19-054 Iron Horse Trail North & South Estimated Cost for this Phase of Work Tender T19-054 costs, including HST 2,423,507 less: HST rebate (241,064) Net Cost Being Awarded 2,182,443 A Costs incurred to date - Projected Costs: Staff Time/Permitting/Signage - Total Estimated Cost for this Phase of Work 2,182,443 C Budget for this Phase of Work Iron Horse Trail Improvements 2,100,000 Cycling Master Plan 50,000 Trans -Canada CIP Grant 30,000 Total Budget for this Phase of Work 2,180,000 B Total Estimated Surplus/(Deficit) (2,443) E COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS CONSIDERATION OF THIS MATTER: • INS -15-058 — Iron Horse Trail Improvement Strategy, November 2, 2015, Community and Infrastructure Services Committee ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department 1.iv - 3 I Staff Repod Financial Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: 2019-05-27 SUBMITTED BY: Margaret Fisher, Director of Procurement, 519-741-2200 ext. 7214 PREPARED BY: Polina Semenov, Procurement Specialist, 519-741-2200 ext. 7037 WARD (S) INVOLVED: Wards 9 and 10 DATE OF REPORT: 2019-05-15 REPORT NO.: FIN -19-046 SUBJECT: T19-042 Queen Street Lighting RECOMMENDATION: That Tender T19-042 Queen Street Lighting, be awarded as follows: Tender item for Poles (including accessories) to Gerrie Electric Wholesale Limited, Burlington, Ontario, at their tendered price of $113,760.64, plus H.S.T. of $14,788.89, for a total of $128,549.53; and Tender item for Luminaires to King Luminaire Co Inc. o/a StressCrete Ltd, Burlington, Ontario, at their tendered price of $50,820., plus H.S.T. of $6,606.60, for a total of $57,426.60. BACKGROUND: Engineering Services is proceeding with the purchase of ornamental street lights for the Queen Street Placemaking Project. The street lights will be installed next year as a part of the placemaking construction project. This purchase is being completed as part of the Council endorsed Queen Street Placemaking Plan. REPORT: As per clause 170.7.3 of the Purchasing By-law 2017-106, it states, "Regardless of Procurement Value, the Director of Supply Services shall submit a report to Council recommending award of a purchase greater than $100,000 if any one or more of the following conditions apply: b. the project is not specifically identified within the council approved budget". Tenders were advertised publicly on the City of Kitchener website. Documents were downloaded by nineteen (19) interested parties and by the closing date of Wednesday March 13, 2019, five (5) tenders had been received. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1.v - 1 The following tenders were received: King Luminaire Co Inc Westburne Electric Gerrie Electric Wholesale Limited Anixter Power Solutions Canada, Inc. 1891793 Ontario Limited Burlington ON $ 57,426.60 London ON $ 191,485.28 Burlington ON $ 192,525.60 Colborne ON $ 196,168.00 London ON $ 270,539.72 Award Price (incl. HST) $ 57,426.60 * $128,549.53 * Award has been split between two (2) companies, to the lowest price per pole and luminaire. The tender was reviewed by J. Seip, Engineering Technologist, who concurs with the above recommendation. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city's strategic vision through the delivery of core service. 1x - 2 FINANCIAL IMPLICATIONS: In addition to the costs anticipated in this tender, the design and implementation of these types of projects typically involves city staff and resources from across the corporation. These costs are included in the line item "Projected Costs: Staff Time/Permitting/Material testing", and will be itemized when they exceed $125,000. Included in this line item are staff time and expenses for all city staff in support of the project such as Engineering, Kitchener Utilities, and Transportation Planning. The line item also includes all regulatory permitting, geotechnical and material testing, detouring and traffic control, alternate access and parking requirements and any other miscellaneous costs. Projects utilizing in-house staff will include costs for inspection during construction and contract administration. The net cost for this tender (A), is fair and reasonable for a purchase of this scope and the upset limit is within the budget allowance (B) provided within the budget. Funding for this purchase is included within the approved capital budget, in addition to funds to be received from the Ontario Main St Revitalization Grant, and Transportation Planning's Ornamental Lighting Fund. The total estimated surplus/(deficit) (E) will remain within the account to fund the construction phase of the project. Tender T19-042 Queen Street Lighting The total budget for all phases of this project is Estimated Cost for this Phase of Work Tender T19-042 costs, including HST less: HST rebate on tender Net Cost Being Awarded Projected Costs: Staff Time/Material Testing Total Estimated Cost for this Phase of Work Budget for this Phase of Work Capital out of Current Federal Gas Tax Reserve Tax Capital Reserve Ontario Main St Revitalization Grant Transfer from Transportation Planning - Ornamental Lighting Fund Total Budget for this Phase of Work Estimated Surplus/(Deficit) for this Phase of Work (B - C) Estimated Surplus/(Deficit) from previous phases Total Estimated Surplus/(Deficit) $ 2,010,000.00 185,976.12 (18,498.86) 167,477.26 A $ 167,477.26 C $ 169,000.00 B 1,522.74 D 1.757.65 $ 3,280.39 E 1x - 3 COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS CONSIDERATION OF THIS MATTER: (OPTIONAL HEADING) Not applicable ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department 1x-4 Staff Re art �r J R Corporate Services Department www.kitchenerca REPORT TO: Committee of the Whole DATE OF MEETING: May 27, 2019 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: 5&8 DATE OF REPORT: May 22, 2019 REPORT NO.: COR -19-026 SUBJECT: Sign Variances — 760 Commonwealth Crescent and 524 Belmont Avenue West RECOMMENDATIONS: "That the application of WATERLOO REGION DISTRICT SCHOOL BOARD (SG 2019-009 760 Commonwealth Crescent) requesting permission to replace the existing sign with a ground - supported sign having automatic changing copy located 18.7m from a residential zone rather than the required 100m, on Block 53, Registered Plan 58M-416, 760 Commonwealth Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a Sign Permit for the proposed business from the Planning Division. 2. That the owner shall ensure the automatic changing copy shall not contain flashing, intermittent or moving lights and that the rate of change in the content of the graphics shall remain static for a minimum of six (6) seconds in accordance with the Sign By-law. 3. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 11 p.m. and 6 a.m. 4. That the owner shall complete the above noted Conditions 1 to 3 prior to September 1, 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 the decision. Failure to fulfill these conditions will result in this approval becoming null and void" -and - "That the application of ROYAL CANADIAN LEGION requesting permission to replace the existing sign with a ground -supported sign having a height of 3.65m rather than the maximum permitted height of 2m, on Part Lot 15, Plan 402, being Part 2 on Reference Plan 58R-1135, 524 Belmont Avenue West, 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 1-866-969-9994 for assistance. 2-1 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 the automatic changing copy shall not contain flashing, intermittent or moving lights and that the rate of change in the content of the graphics shall remain static for a minimum of six (6) seconds in accordance with the Sign By-law. 4. That the owner shall complete the above noted Condition 1 prior to September 21, 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." REPORT: The Committee of Adjustment met as a Standing Committee of City Council on May 21, 2019 to consider two applications pursuant to Chapter 680 (SIGNS) of the City of Kitchener Municipal Code. These recommendations are being forwarded to you on behalf of the Committee of Adjustment for your consideration. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendations of this report supports the achievement of the city's strategic vision 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. INFORM - This report has been posted to the City's website with the agenda in advance of the council / committee meeting. ENTRUST - The Committee of Adjustment is a Quasi -Judicial Committee of citizen members operating as a Standing Committee of City Council. ACKNOWLEDGED BY: Justin Readman, General Manager Development Services 2-2 Staff Re art �r J R Corporate Services Department www.kitchenerca REPORT TO: Committee of the Whole DATE OF MEETING: May 27, 2019 SUBMITTED BY: Christine Tarling, Director of Legislated Services/City Clerk, 519-741- 2200, ext. 7809 PREPARED BY: Christine Tarling, Director of Legislated Services/City Clerk, 519-741- 2200, ext. 7809 WARD (S) INVOLVED: All DATE OF REPORT: May 13, 2019 REPORT NO.: COR -19-029 SUBJECT: Appointment to Heritage Kitchener RECOMMENDATION: That Jordan Baker be appointed to Heritage Kitchener as the Museum Specialist/Conservator representative for the period ending November 30, 2020. BACKGROUND: After every municipal election, appointments to advisory and quasi-judicial committees take place at the Striking Committee meeting based on the recommendations of the Nominating Committee (the Committee). After the November 19, 2018 Striking Committee, there remained some sector -specific vacancies on some advisory committees including a museum specialist/conservator representative on Heritage Kitchener (HK). Based on the information contained within applications, staff determines the eligibility of individuals who apply to fill a specific sector and once their eligibility is confirmed, their name is put forward for Council's consideration. If there are more applications than vacancies, the applications are first forwarded to the Nominating Committee to make a recommendation for Council's decision. If there are not, the Director of Legislated Services/City Clerk makes a recommendation directly to Council. REPORT: In response to the sector -specific vacancies listed on the City's website, the City received one (1) application from Jordan Baker for the vacancy of the "Museum Specialist/Conservator" for HK, which is presented for Council's consideration. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 3-1 ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: None at this time. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS CONSIDERATION OF THIS MATTER: COR -19-020 —Appointments to Various Sector -Specific Vacancies on Advisory Committees ACKNOWLEDGED BY: Victoria Raab, General Manager, Corporate Services Department 3-2 J Staff Report wR Corporate Services Department www.kitchenerca REPORT TO: Committee of the Whole DATE OF MEETING: May 27, 2019 SUBMITTED BY: Erin Kearney, Interim Prosecutor 519-741- 2200 ext. 7060 PREPARED BY: Erin Kearney, Interim Prosecutor 519-741- 2200 ext. 7060 WARD (S) INVOLVED: Ward 10 DATE OF REPORT: May 14, 2019 REPORT NO.: COR -19-030 SUBJECT: Encroachment Request: 156-158 King St West/1-11 Young St - canopy and door swing RECOMMENDATION: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of the property municipally known as 156-158 King Street West/1-11 Young Street to authorize the installation of a canopy and doors which will encroach over the City's King Street and Young Street road allowances." BACKGROUND: The property owner at 156-158 King Street West/1-11 Young Street has asked for permission to install a canopy and three (3) outward swinging doors which will encroach over City road allowances. REPORT: Canopy Encroachment The property owner is asking for permission to install a canopy on the North -facing corner of a proposed 5 -storey building. This canopy will project over the Young Street sidewalk by about 0.6 metres and will be about 3.1 metres above ground. The canopy is not expected to interfere with pedestrian traffic. The property owner has submitted a sketch of the placement of the proposed canopy. The sketch is attached to this report. This sketch has been circulated to city staff and to external utility companies for their comments. There were no concerns raised during the circulation and staff support this encroachment. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. C=I Door Swing Encroachments The property owner is asking for permission to install three (3) outward swinging doors in the proposed 5 -storey building. One (1) of these doors, when fully opened, would extend approximately 0.5 metres over the King street sidewalk; Two (2) of these doors, when fully opened, would extend approximately 0.5 metres over the Young Street sidewalk. All three (3) of these doors would be installed at grade. The property owner has submitted a sketch of the placement of the proposed doors. The sketch is attached to this report. This sketch has been circulated to city staff and to external utility companies for their comments. Staff are generally in support of this encroachment, though a concern was raised by both Building and Planning Divisions about the door swings potentially impeding foot traffic on the sidewalks. This concern will be passed on to the property owner, and a clause regarding taking precautions to avoid endangering pedestrian traffic will be included in the Encroachment Agreement as a result. It may be worth noting that other businesses in the area also have outward swinging doors at grade that encroach on City sidewalks. Attached is a sketch of the proposed door and canopy placement, provided to us by the property owner. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation outlined in this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: All fees associated with encroachments will be paid by the applicant. The Application fee of $280.00 has been paid. A processing fee of $235 will become payable after Council approval. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Standing Committee. ACKNOWLEDGED BY: Victoria Raab, General Manager, Corporate Services *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 4-2 �• 6 CU C/) @ 'C/) o ) 0 o /k 2+ _% cnƒ \7 / ®o k% % CIO .cl) E � oG cu LO E— o L) .T § -r- 4-3 r- 4-3 � \ 9 NIO IIA 8 S N USIX 3 §$ ° jk § ki m S / A% 2NVI30IAa3S 9 § )§ ., W 2 W cn y 2 C < % � / ® F- § .�. Of O U) w ® e ] / ® 2 C 3 ,] 2 / S 3 ] 2 a- ± }\}ee � \ we�E� ` \ \§ 6 ��. ® ;§\§/� ' . d �) �\\\§§ CO e k 9EE§0 � 2 w w LLJ LU /kk)E # �y uuww§ _{ w �, §ik)f - u Ye / A §w j}\§ ± 3 3�± S S N| N p( ocozo M §00C) 7 \ (§ ; Z �] w wC4 w �• 6 CU C/) @ 'C/) o ) 0 o /k 2+ _% cnƒ \7 / ®o k% % CIO .cl) E � oG cu LO E— o L) .T § -r- 4-3 r- 4-3 Staff Reportx Development Services Department www.kitchenerca REPORT TO: Council DATE OF MEETING: May 27, 2019 SUBMITTED BY: Justin Readman, General Manager, Development Services, 519-741-2200 ext. 7646 Jonathan Lautenbach, Chief Financial Officer, Financial Services, 519-741-2200 ext. 7334 PREPARED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319 Ryan Hagey, Director of Financial Planning 519-741-2200 ext. 7353 WARD(S) INVOLVED: All Wards DATE OF REPORT: May 22 2019 REPORT NO.: DSD -19-135 SUBJECT: Bill 108, MORE HOMES, MORE CHOICE ACT, 2019 RECOMMENDATION: WHEREAS the Province of Ontario has introduced Bill 108, More Homes, More Choice Act, 2019 in an effort to increase housing supply; THEREFORE BE IT RESOLVED that the City of Kitchener express its support for aspects to the bill including proposed changes to: • Schedule 6, Environmental Assessment Act, which increases environmental assessment exemptions from low risk municipal undertakings; and, • Excess Soil Regulatory Proposal and Amendments to Record of Site Condition (Brownfields) (Proposed Regulation), which would allow more excess soil to be reused locally; and, BE IT FURTHER RESOLVED that the City of Kitchener request the Province to reconsider proposed changes to: • Schedule 3, Development Charges Act, which may reduce the ability for soft services to be continue to be funded by new growth; • Schedule 9, Local Planning Appeal Tribunal Act, which would shorten municipal decision-making timelines and reduce community engagement and increase decisions made by a tribunal rather than locally; and, *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 5-1 • Schedule 12, the Planning Act, Section 37, to continue to permit density bonusing where the bonusing provisions are clearly articulated in a municipality's zoning by- law; and, BE IT FURTHER RESOLVED that the Province be requested to extend consultation on Bill 108 to 120 days as key implementation measures have not been released; and further, BE IT FINALLY RESOLVED that Report DSD -19-135 be submitted to the Ministry of Municipal Affairs and Housing, Regional Members of Provincial Parliament, and the Association of Municipalities of Ontario, as the City of Kitchener's comments on Bill 108. BACKGROUND: Bill 108, More Homes, More Choice Act, 2019 was given first reading by the Provincial legislature on May 2, 2019. Bill 108 comprises 13 schedules and affects 15 different pieces of provincial legislation, most of which affect municipalities directly. While aspects of the proposed changes related to Environmental Assessments and excess soil appear to have positive outcomes and simplify processes, proposed changes to the Development Charges Act and the Planning Act would have profound impact on municipalities. A summary of the Bill, which identifies all of the affected legislation, is attached as Appendix A. According to the Province of Ontario, the proposed amendments provide a suite of changes to increase the supply of housing that is affordable and to streamline the overly complex development approval process (often described as "cutting red tape" in provincial announcements). This report provides an overview and comments with respect to those schedules which are of particular interest to the City of Kitchener. The deadline for comments is June 1, 2019. REPORT: Scope of Bill 108 and Opportunity for Consultation The breath and depth of Bill 108 is broad and deep. While all of the ramifications are still being determined, it is clear that municipalities are significantly impacted. One month is insufficient time for analysis to review and develop improvements and alternatives that may be helpful to the government. The City of Kitchener requests that the consultation period be extended by 120 days. Schedule 2 — Conservation Authorities Act Schedule 2 introduces the concept of identifying core services for conservation authorities, and will require conservation authorities to enter into memoranda of understanding with municipalities to avoid service delivery duplication. It also includes governance and oversight - related provisions such as conservation authority board member training and Minister oversight. 5-2 The City of Kitchener maintains a positive working relationship with the Grand River Conservation Authority, which has prepared comments for submission that are generally supportive of the proposal. AMO will participate in discussions with the Ministry of Natural Resources and Forestry and the Ministry of Environment, Conservation and Parks on the implementation of these changes, including draft regulations, in the months ahead. Schedule 3- Development Charges Act Schedule 3 proposes changes to the Development Charges Act (DCA), 1997 that intend to reduce development costs and provide more housing options, which can help make housing more attainable for the people of Ontario. Specifically, the proposed changes aim to support a range and mix of housing options, and boost housing supply; increase the certainty of costs of development; and make housing more attainable by reducing costs to build certain types of homes. City staff have reviewed the proposed changes to the DCA and believe they will not achieve the stated goal of increasing housing supply/reducing costs, and also go against the long -stated principle that "grow pays for growth". These two issues are discussed in more depth below. Increasing Housing Supply/Reducing Costs The two ideas of increasing housing supply and decreasing costs go hand in hand because as costs go down, supply would go up (and vice versa). Bill 108 seeks to reduce costs of development by removing some current development charge (DC) items from DC legislation, and by reducing or spreading out the remaining DC costs of development. While on the surface both of these changes would seem to reduce development costs, a more detailed look shows that these changes could actually adversely affect housing supply and degrade the quality of new neighbourhoods being built. First, rental housing, non-profit housing, and commercial/industrial/institutional DCs will be payed in six equal annual payments commencing the date an occupancy permit is issued or occupancy of the building, whichever is earlier. This will negatively affect DC cash flows since revenue collection will be delayed. This means the City may need to delay the construction of engineering infrastructure, such as roads, watermains and sewers, needed to further develop the city, which will constrain the amount of land available to be developed and increase land costs (which will increase housing prices). This will also add to administrative costs related to tracking, billing, and collecting deferred payments. On a related note, under Bill 108, DC amounts will also be determined at the time of site plan/zoning amendment applications as opposed to the issuance of a building permit. This means the City will receive less revenue, as developers will not be paying at the current DC rate, which will again reduce the amount of funding available to build the infrastructure needed to service new lands for development. Staff's concern is the end result will be higher housing prices, not lower housing prices. Staff also expect this will likely increase the number of disputes about application dates and decrease the quality of planning submissions as developers will be motivated to bring forward their applications early in order to lock in lower DC rates. 5-3 Second, under Bill 108 all soft or discounted services (including libraries, recreation facilities, cemeteries, parking and growth related studies), have been removed from the DCA and will be funded by a new Community Benefit Charge (CBC). This new charge must also be used for Parkland Dedication, which is being eliminated as a stand-alone charge. Funding for the CBC will be a percentage of land value as determined at the time a building permit is issued. The percentage has not yet been determined, therefore no detailed analysis can be completed related to overall financial impact at this time. Having said that, given the stated goal of reducing development costs, City staff expect the CBC will be less than the current soft service DC, meaning there will be less funding available for these projects going forward. This will degrade the quality of new neighbourhoods as fewer new recreation facilities will be able to be funded unless existing taxpayers fund these growth -related recreation facilities. Growth Pays For Growth A longstanding principle of development legislation has been that "growth pays for growth". This principle is reiterated in the Province's Ontario Housing Supply Action Plan where it says "We believe that growth must pay for growth and it's important that municipalities have the resources to support complete communities". While it has been long argued that the existing DC legislation does not achieve the principle of growth paying for growth, Bill 108 appears to move further away from the principle, specifically as it relates to the Community Benefit Charge (CBC). As noted in the item above, the CBC will be used to fund discounted DC projects as well as Parkland Dedication items. Combined, these two funding sources were planned to provide approximately $140M over the next 10 years for capital projects such as community centre expansions, building a new library in the south end, and developing parks in new neighbourhoods. Unless the CBC rate revenues meet or exceed what was anticipated to be collected through DCs and Parkland Dedication, there will be a negative impact because any new development will not fully be covering these costs. If the City wants to maintain service levels in new communities by continuing to build new recreation facilities, it will be up to existing taxpayers across the city (not wholly by development driving the need for the new facilities) to fund the projects. The other option is to not build as many new facilities in developing neighbourhoods, which will drop service levels in those locations and put increased pressure on existing amenities as new residents visit these already established facilities. In either case, growth would not be paying their fair share of the costs of growth. Schedule 6 — Amendments to the Environmental Assessment Act Schedule 6 proposes to increase the exemptions for low risk activities within the municipal class EA. As examples these could include items related to de-icing, and streetscaping. As well, the province has exempted itself from a number of EA requirements related to transit, mines, parks and real estate. At this time, City staff view the proposed municipal changes to be both practical and positive. A consultation paper has been released and AMO will be providing comment. While greater information around duty to consult, the sale of provincial brownfields and the bump up process is being sought by AMO, these proposed changes reflect long-term requests from the municipal 5-4 sector. Schedule 9 — Amendments to the Local Planning Appeal Tribunal Act Under Schedule 9, the Local Planning Appeal Tribunal (LPAT) will remain but will no longer evaluate appeals based on compliance with official plans and consistency with provincial plans and policy. Instead, it will return to a "best planning outcome" approach with de novo hearings, as was the case when planning disputes were resolved by the Ontario Municipal Board (OMB). Meeting the legislated timelines proposed by Schedule 9 would necessitate a reduction in level of community engagement City staff undertake prior to bringing a recommendation to Council, especially for complex projects. Even if engagement is reduced, many of these timelines may be unachievable. This could lead to more planning decisions being made at LPAT rather than by the municipality. Notwithstanding the modest additional funding promised for LPAT, having more planning decisions made by a tribunal, rather than by the municipality, will delay approvals and housing construction. The table below outlines the time in which a municipality must make a decision on an application, after which time the application can be appealed to LPAT. Application Type Pre -Bill 139 Current (Bill 139) Proposed (Bill 108) Official Plan Amendment 180 days 210 days 120 days Zoning By-law Amendment 120 days 150 days 90 days Draft Plan of Subdivision 180 days 180 days 120 days AMO's analysis is similar to the initial findings of City staff on Schedule 9, as it will again take final planning decisions out of elected councils' hands. Historically, the use of a de novo approach to appeals has drawn out hearings. It is unclear how this reversal will speed up housing development. AMO does note, however, that proposed limits on third party appeals of subdivisions is positive. There will also be new limits on the extent of testimony. In addition, the province has committed to hiring additional staff to help deal with the existing LPAT case backlog that arose from the OMB process and transition. Schedule 11 — Ontario Heritage Act Schedule 11 proposes several changes to the Ontario Heritage Act. A noteworthy change is that Council decisions on by-laws to designate or alter a building or structure on a property that is designated under Part IV of the Ontario Heritage Act can now be appealed to LPAT, a decision- making body. Currently, appeals are heard by the Conservation Review Board, which makes recommendations to either Council or the Minister. Another noteworthy change is that there are new mandatory notice and objection provisions for the listing of properties on the Heritage Register. It would appear that Kitchener's current process is already compliant with the proposed requirements. Schedule 12 — Amendments to the Planning Act Bill 108, as proposed, touches on numerous land use planning policies. Below is a summary of some of the proposed changes, based on information known at this time: 5-5 • Additional Residential Unit Policies: Bill 108 proposes to require official plans to allow an additional residential unit in an ancillary building (e.g. garden suite), in addition to the two residential units that are allowed in the main building. While garden suites are suitable in a number of circumstances and could be part of the solution of improving housing choices, there are some contexts (e.g. extremely small urban lots or underservices areas) where it may not work. The province is urged to allow municipalities to regulate the context of where garden suite are permitted as long as the regulations are justifiable on technical grounds and not prohibitive. • Inclusionary Zoning: This tool currently allows municipalities to require developers to incorporate a certain percentage of units in a housing project as affordable housing. Currently, this tool is broadly enabled across the province but has yet to be implemented; probably due to the fact that the process is extremely onerous to establish and requires dedicated resources to administer. Bill 108 would limit its application to Major Transit Station Areas (such as Kitchener's ION Station Areas) and Development Permit Systems areas. Although directing more affordable housing to major transit areas aligns with Kitchener's planning objectives, this change limits the ability to deliver affordable housing more broadly. The City of Kitchener encourages the province to simplify the inclusionary zoning process and maintain its broad application beyond Major Transit Station Areas. • Parkland Dedication: Currently, parkland is acquired through development in two ways: (1) in plans of subdivision, where up to 5% of the land is dedicated to the City; or (2) as is most often the case for infill residential development, at a rate of up to 1 hectare per residential 300 units. This parkland can be taken as land or as "cash -in -lieu" to purchase parkland or other recreational infrastructure offsite. The cash -in -lieu value is tied to land value. If a Community Benefit Charge system is enacted, it would replace the second tool, but the first tool requiring 5% of land requirement through subdivisions would remain. In sum, outside of plans of subdivision, the acquisition of parkland will become one of many competing demands on community benefit funds. Fundamentally, acquiring parkland through the development process is different than funding other community infrastructure. Outside of the subdivision process, the City would no longer have the option to acquire lands through the development approval. Instead, it must use community benefit funds to purchase lands at high market value established by the surrounding proposed development. These changes would likely hinder the City's already challenging task of acquiring sufficient park spaces that add value and support communities. The proposed changes appear that they may further reduce the ability to procure land and deliver soft services as the funding tool may be combined. This appears that it would risk financial capability to acquire and develop land for recreational purposes. Any proposed changes should ensure that local municipalities are made whole when funding new services that are driven directly by new growth. • Density Bonusing: Municipalities can currently allow an increase in permitted density beyond what is usually permitted in its zoning by-law in exchange for the developer providing community benefits. The province has eliminated this tool and integrated development related benefits into the new Community Benefit Charge framework with the 5-6 objective of being more predictable than the current density bonusing framework in the Planning Act. City staff agree that predictability in the use of bonusing is important and that "let's make - a -deal planning" is problematic. Accordingly, through Kitchener's comprehensive zoning by-law review (CRoZBy) the city developed a transparent set of rules for higher densities in the Downtown where the community benefits and the bonus values are pre -defined. This approach is unique to Kitchener, aligns with provincial objectives, is largely supported by the development community, and is fundamentally different than the "let's make a deal" approach to bonusing used in some other municipalities. City staff are concerned, however, that Schedule 12 may disable the use of an important city building tool even though Kitchener's approach aligns well with stated provincial objectives. Kitchener's bonusing model is suggested to the Province as a reasonable mechanism to ensure transparency. Further, this approach requires a lot less process and `red tape' than what is being proposed through Bill 108. • Mandatory Development Permit System: Bill 108 proposes to give the Minister the authority to establish a mandatory development permit system, a development approval system which more or less integrates site plan and zoning approvals. While this tool could be helpful with improved regulations, having it imposed reduces local level decision- making. It is cumbersome to establish and operate a development permit system with the current regulations. • Future regulations: Staff will continue to monitor additional details as they become available. If Bill 108 becomes law, many regulations would be required for implementation. Regulations can have a significant impact on the implications of regulations. Environmental Compliance Approval in respect of Sewage Works (Proposed Regulation) This regulation aims to streamline approval requirements for constructing sewage works that the municipality may eventually own. Prescribed persons, such as developers, would be able to construct works under the municipality's Environmental Compliance Approval (ECA), if specific conditions are met, instead of obtaining a separate ECA. Essentially, the proposed change would reassign the approval of sewage works infrastructure from the Ministry of the Environment, Conservation and Parks to municipalities. In general, City staff see opportunity to gain efficiencies in the approval process. In doing so, however, municipalities would be required to assume some liability by approving their own engineering designs. Excess soil regulatory proposal and amendments to Record of Site Condition (Brownfields) (Proposed Regulation) This regulation introduces changes for more excess soil to be reused locally. 5-7 The proposal seeks to clarify rules associated with managing and transporting excess soil, limit the amount of healthy soil being sent to landfill and lower greenhouse gas emissions from the sector, while continuing to ensure strong environmental protection. The recognition that municipal infrastructure related work generates excess soil, and should generally be exempt, has been discussed through a previous government proposal. City staff are also encouraged by the government's position on beneficial reuse of excess soils and providing details around what is permissible. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city's strategic vision, which is largely implemented by the tools provided by the affected legislation. FINANCIAL IMPLICATIONS: Staff's concerns are that the proposed legislative changes may have significant financial implications as outlined in this report. COMMUNITY ENGAGEMENT: INFORM- This report has been posted on the City's website with the agenda in advance of the Council meeting. CONCLUSION Despite the absence of implementation detail, Bill 108 would change the way municipalities do business, would limit the time to engage the community through development processes and would likely undermine the principle that growth pay for growth. The City of Kitchener has been developing a made in Kitchener approach to reduce `red tape' through development process and encourages the Province to consider revisions to Bill 108. ACKNOWLEDGED BY: Justin Readman - General Manager, Development Services and Jonathan Lautenbach — Chief Financial Officer, Financial Services 5-8 Schedule A Summary of Bill 108 SCHEDULE 1 cannabis control Act, 20117 The Schedule makes seven amendments to section 18 of the CannabasControfAct, 2077 which authorizes the interim closure by a police officer of premises connected with specified alleged contraventions of the Act: SCHEDULE 2 Conservation Authorities Act The 5cheduie amends the Conservation Authorities Act. The :schedule irnposes the duty on every member of an authority to act honestly and in goad faith with a view to furthering the objects of the ,authority. The Act is also amended to list specific programs and services that are required to be provided bran authority if they are prescribed by the regulations, ,which may include programs and services related to the risk of flooding and other natural hazards. Authorities continue to be authorized to provide other programs and services, including programs and servicesthat it determines to be advisable to further its objects_ If financing by a participating municipality under section 25 or27'of the Act is necessary'in arder for the authority+ to provide such programs and services, the authority and the participating municipality must enter into an agreement in order for the authority to provide the program or service. 0n .and after a day prescribed by the regulations, the authority is prohibited from Including capital casts and operating expenses in respect of such programs and services on its apportionment of paymentstothe participating municipality if no such agreement has been entered into. Authorities are required to prepare and implement a transition plan in order to ensure they are in compliance with this requirement when it takes effect. An authority is authorized to determine the amounts owed by specified municipalities in connection with the programs and services the authority provides in respect of the Gleam WaterAot 2006 and Lake Somcoe Protection ,pct, 20708. other amendments include authorizing the Minister to appoint one or more investigators to conduct an investigation of an authority's operations - SC H EOLJ LE perations_ SCHEDULE 3 Development Charges Act, 1 i The Schedule amends the Development C'hargesActt; 7997. 5-9 Subsection 2 (4) of the Act is amended to set out the only services in respect of which a development charge by-law may impose development charges. The services are those set out in current subsection 5 (5), which is repealed, and waste diversion services. Anew section 26.1 is added to the Act setting out rules for when a development charge is payable in respect off ive types of development: rental housing, institutional, industrial, commercial and non- profit housing. Unless certain exceptions apply, the charge is payable in six annual instalments beginning on the earlier of the date of the issuance of a permit under the Building Fade tact, 7992 authorizing occupation oft he building .and the date the building is first occupied. Section 52 is amended to set out equivalent rules in respect oft hese types of development in the context of non - parties to a front -ending agreement. A neve section 26.2 is added to the Act setting out rules for when the amount of a developmentcharge is determined. The amount is determined based on the date of an ,application under section 41 of the Planning Act (site plan control area) or, if there is no such application, on the date of an application under section 34 of the Planning Act (zoning by-laws)_ If neither such application has been made, the amount continues to be determined in accordance with section 26 of the Act. If a specified period of time has elapsed since the approval of the relevant appl cation, the amount continues to be determined in accordance with section 26 of the Act. Transitional provisi ons a re set o ut. Education ACT The Schedule amends section 195 of the Education Actto require a school board to give notice to the Minister if it plans to acquire or expropriate land and to allow the Minister to reject the board's plans. The Schedule also makes various amendments with respect to education development charges. Section 257.53.1 is added to -the Act to provide for alternative projects that, if requested by a board and approves b the Minister, would allow the allocation of revenue from education development charge by-law,s for :--cjects that would address the needs of the board for pupil accommodation and would reduce t^e ccst of acquiring land. Section 257.53.2 is added to the Act to provide far localized education development agreements that, if entered into between a board and an owner of land, would allow the owner to provide a lease, real property or other prescribed benefit to be used by the board to provide pupil accommodation in exchange for the board ,agreeing not to impose education development charges against the lands Related amendments are also made. 5-10 SCHEDULE 5 Endangered Species Act, 2007 The Schedule makessevera,, amendments to the Endangered SpeciesAct, 7The following is a summary of the more significant amendments: 1. Subsection 7 (4) of the Act currently provides that a regulation must be made under section 7 listing species on the Species at Risk in Ontario List within three months of the Minister receiving a report from COSSARO classifying the species. The Schedule amends the subsection to extend the time frame for making the regulation to 12 months after receiving the COSSARO report. 2- Subsections 8 (3) and (4) of the ,pct are amended to provide that, once the Minister requests that CO:SSARO reconsider the classification of a species set out in a report to the Minister, the requirement to make a regulation under section 7within 12 months of receiving that report no longer applies. The 12 -month period will only begin to run once COSSARO submits a second report to the Minister. 3- Under new section 8-1, the Minister may, by regulation, make an order when a species is listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time -The order would temporarily suspend all or some of the prohibitions in subsections 9 (1) and 10 (1) of the ,pct with respect to the species for a period of up to three years. 4. New section 8-2 provides that, for a period of ane gear after a species is listed an the Species at Risk in Ontario List asan endangered orthreatened speciesforthe first time, some of the prohibitions under subsection S 0) or 10 (1) will not apply to pers:D^s -who were issued permits or otherwise authorized under the Act to engage in activities before the species was so listed. This one-year delay applies in addition to any order made under section 8.1 that temporarily suspends the relevant prohibitions for a period of up to three years. 5. Subsection S (1) of the Act currently sets out prohibitions that apply to species once they are listed on the Species at Riskin Ontario List as endangered or threatened species. The Schedule enacts subsections 9 (1.2) to (1.4) which give the Minister the power to make regulations I = ,. g the application of the prohibitions with respect to a species:. The limitations may I : ,-~e prohibitions in various ways, including by indicating that some of the prohibitions do not apply, by limiting the geographic areas in which they apply or by providing that the prohibitions only apply to the species at a certain stage of their development. 441:11p311m�: Environmental_ Assessment Act T- s S. les eis out a amendments to the Environ mentaiAssessment,pct 5-11 The Schedule amends section 11.4 of the Act and also amends section 12.4 to provide that section 11_x+ applies in respect of environmental assessmentsthat were prepared under the predecessor of Part II of the Act. Section 5 of the Schedule adds several new sections to the Act in ,respect of class environmental assessments. The neer section 15-3 provides that a class environmental assessment may exempt specified categories of undertakings within the class from the Act. it would also exempt certain undertakings that are currently subjectto approved class environmental assessments. The new section 15_4 provides a new process governing amendmentsto approved class environmental assessments. This includes enabling the Minister of the Environment, Conservation and Parks to exempt other undertakings from the Act by amending class environmental assessments and providing rules governing those amendments, including requirements for public consultation - Section 6 of the Schedule adds several new subsections to section 16 of the Act_ These amendments would specify when the Minister coJ Id issue orders under 'section 16. An order under section 16 could, among other matters, require a =ve^ent of an undertaking subject to a class environmental assessment process to carry out f. rther study_ The amendments would limit the Minister's ability to issue such orders to only prevent, mitigate or remedy adverse .impacts on constitutionally protected aboriginal or treaty rights or any other matters as may be prescribed. The amendments wou Id also provide that the Minister must make an order within any deadlines as may be prescribed and should the Minister fail to do so, that written reasons be provided_ The amendments impose limitations on persons making requests for orders under section 16 by requiring that the person be a resident of Ontario and make the request within a prescribed deadline_ Schedule 7 Environmental Protection Act The Schedule re-enacts Part X1.1 of the Envir, - omental Protection .Act. A provincial officer may seize the number plates for a vehicle, including nurr::=i. plates issued by an authority outside Ontario, if he or she reasonably believes that the vehicle was used or is being used in connection with the commission of an offence and the seizure is necessary to prevent the continuation or repetition of the offence. The provincial officer is required to provide notice of the seizure to the driver, the owner of the vehicle and the Registrar of MotorVehicles under the Highway Traffic Act. The notice must specify a prohibition period, not exceeding 30 days. During the prohibition period the Registrar is prohibited from taking various steps, including the issuing of number plates to the holder of the permit for the vehicle. 5-12 Schedule S Labour Pe I ations Act, 19% The Schedule amends the Labour Relations Act 7395 The special rules relating to the Carpenters' D-striet Council of Ontario in section 150.7 of the Act are repealed. The provisions of section 153 that a,low exclusions under that section to be limited to specified geographic areas are also repealed. Related transitional and consequential amendments are made throughout the Act. Schedula 9 Local Planning Appeal Tribunal Acct, 2017 The Schedule makes various amendments to the Local Planning Appeal Tribunal Act 2017 Most of the amendments are to Part VI of the Act, in relation to the practices and procedures of the Tribunal, including the following: 1. Sect ons 32 and 33 .are amended in relation to requirements for participation in alternative dispute resolution processes. 2. Subsection 33 (2.1) is added to empower the Tribunal to limit any examination or -cross-examination of a witness in specified circumstances_ I Section 33.2 is added to limit submissions by non-parties to a proceeding before the Tribunal to written submissions only. Subsection 33 (2) is amended to confirm that such non-parties may still be examined or required to produce evidence by the Tribunal. 4. Section 36, which sets out a process by which the Tribunal may state a case in writing for the opinion of the Divisional Court on a question of law, is repealed_ ConsecLential amendmentss are made to the Municipal 2007 and to the Ontario Water Resources Act. 5. Sections 36 to 42, respecting appeals to the Tribunal under the Planning Act are repealed. Section 33.1 is added, which requires a case management conference in certain such appeals. Amendmentsto other Parts of the Act include the re-enactment of subsection 14 (2), to remove the requirement for the Tribunal to obtain the Attorney General's approval in setting and charging fees,, and to provide that the Tribunal may set and charge different fees in respect of different classes of persons or proceedings. f�-64lrrl4011w11114V Occupational Health and SafetyACT Currentiy,the occupationalHealth andSafetyActincludes prc-,; s:D-sr=-spectingthe certificationof _ci - t health and safety committee memlzers_ Various amend nie- Is a, -_­ i4-ia _ e respecting the Chief Prevention Officer's power to, among other things., revoke or amend a certification or amend the requirements for obtaining a certification. 5-13 Ontario Heritage ACT The Schedule amends the Ontario Heritage Act as follows. The ,Act is amended to require a council of a municipality, when exercising a decision-making authority under a prescribed provision of Part IV or V of the Act, to consider the prescribed principles, if any. Section 27 of the Act currently requires the clerk of each municipality to keep a register that lists all property designated under Part IV of the Act and also all propertythat has not been designated, but that the municipal council believes. to be of cultural heritage value or interest. Amendments are made to the section to require a municipal council to notify an owner of a property if the property has not been designated, but the council has included it in the register because it believes the property to be of cultural heritage value or interest_ The owner is entitled to object by serving a notice of objection on the clerk of the municipality and the council of the municipality must make a decision as to whether the property should continue to be included in the register or whether it should be removed. other technical amendments are made to the section. Currently, section 29 of the Act governs the process by which a municipal council may, by by-law, designate a property to be of cultural heritage value or interest, The process suet out in the section is amended to require a municipal council, after a person objectstothe not ce cv retention tedesignate the property, to consider the objection and to make a decision whether or ­�_: _ _o withdraw the notice of intention within 90 days after the period for serving a notice of objet � Y,- ~e council enols. If no notice of objection is served or the council decides not to withdraw the notice of intention, the council may pass a by-law designating the property, but must do so within 120 days after the notice of intention was published. If a try -law is not passed within that period, the notice of intention is deemed to be withdrawn. A person whoobjectsto a by-law passed under the section may appeal to the Local Plar — ng Appeal Tribunal. Similar amendments are made to section 30.1 in connection with proposed a -n -c ing by-laws and to section 31 in connection with proposed repealing by-laws. However, those a rye:= meats do not include the restriction that the ame^ding by-law or repealing by-law, as the ease -nay be, must be passed within the 170 -day period. Section 79 of the Act is also amended to provide that, if a prescribed event oocurs, a notice of intention to designate a property under that section may not be given after 9€7 days have elapsed from the prescribed event, subject to such exceptionsas may be prescribed. Section 32 of the Act currently governs the ,_­-acess by which an owner of a property may apply to a municipal council to repeal a by-law desigir -z-. )g the-cperty. The section is amended to provide that the municipal council rnust give notice of t! -,e - v: _)-u and that any person mayobject to the application_ The council must, within 90 days a Lr the period for serving a notice of objection on the 5-14 council ends, make a decision to refuse the application or can5e-t to it and pass arepealing by-law. If the council refuses the application, the owner of the property may appeal the council's decision to the Tribunal or if the council consents to the application, any person may appeal the decision to the Tribunal. Currently, section 33 of the Act restricts the alteration of a property designated under section 29. Amendments are made to provide that an applica- c - .1 nder the section must be accompanied by the prescribed information and materials and ,any other--ation or materials the municipal council considersit may need. Re-enacted subsection 33 - -:_,rides that the council must, upon receiving all of the required information and material, notify the applicant that the application is complete. The council is also permitted, under re-enacted subsection 33 (5), to notify the applicant of the information and material that has been provided, if any, or that has not been provided. The council must make a decision on the application within 90 days after notifying the applicant that the application is complete. However, if the applicant is not given a notice under subsection (4) or (5) within 6D days after the application commenced, the council's decision on the application must be made within 90 days after the end of that 60 -day period. Similar amendments are made to section 34. In addition, section 33 of the Act is amended to enab!e the owner of a property to appeal the council's decision to the Tribunal - Currently, sections 34 and 34.5 of the Act restrict the demolition or removal of a building or structure on properties designated under Part IV and section 42 restricts the demolition or removal of buildings or structures on properties designated under Part V. Those sections are amended to also restrict the demolition or remova c- a -y of a designated property's heritage attributes. Consequential amendments are mac:_m -o sections 34.3, 41 and 69. Section 1 is amended to provide that, for the purposes of certain specified provi5ions-of the Act, the definition of "alter- does not include to demolish or remove and 1ealteration" does not Include demolition or removal. Technical amendments are made to section :34.1 of the Act, which governs appeals to the Tribunal in relation to decisions made under section 34. S -tit c- 70 of the Act is amended to provide regulation -making powers in connection with the a-n&-cments described above -Also, a new Section 71 isadded tagive the Lieutenant Governor in Coincil the power to make regulations governing transitional matters. Other technical and housekeeping amendments are made to the Act_ SCHEDULE 12 Planning ACT _ ytiI-ed.a e amends the Planning amendments include the following: 5-15 Additional residential unit policies curre-ty, subsection 16 (3) of the Act requires official dans to contain policies authorizing second resicential i nits by authorizing two residential units in a house with no residential unit in an ancillary bL�Idi ng or structure and by authorizing a residential unit in a building or structure ancillary to a house containing a single residential unit -The subsection is re-enacted to require policies authorizing additional residential units by authorizing two residential units in a house and by authorizing a residential unit in a building or structure ancillary to a house. Inclusionary zoning policies currently, under subsection 16 (5), official plans of r-�.inicipaIities that are not prescribed for the purposes of subsection 16 (4) may contain r c us cna ry zoning policies in respect of all or part of a municipality. Under subsection 16 (5), as re-enacted, official plans of thane municipalities may contain those policies in respect of an area that is a protected major transit station area or an ,area in respect of which a development permit system is adapted or established in response to an arder made by the Minister of Municipal Affairs. and Housing under section 702.2, as re-enacted. Deduction of decision timelines -il--i:- ne, •-ia,:ing decisions related to -official plans are changed from 210 to 120 days (see a me -c, -gents to sections 17,22 and 34), those related to zoning by -lavas are changed from 150 to 90 days (see amendments to sections 34 and 36) and the timeline for making decisions related to plans of subdivision is changed from 180 to 120 days (see amendment to subsection 51 (34))- 2017 amendments to the Act Certain amendments. made to the Act by the Building Better Communities and Conserving WatershedsAct,2077are repealed. These repeals include the repeal of provisions relating to appeals that were added by that Act to sections 17,22 and 34. These provisions include subsections 17 (24-0-1) and (36.0.1) which restrict the grounds of appeal under subsection 17 (24) (decision to adopt an official plan) and subsection 17 (36) (decision to approve an -official plan) to inconsistency with a policy statement, non -conformity with or conflict with a provincial plan or, in the case of the official plan of a lower -tier municipality, non -conformity with the upper -tier municipality's official plan. Also repealed are subsections 17 (49-1) to (49.12) which set out rules applicable to these appeals. The S -edule adds subsections 17 (25.1) and (37-1) and 34 (19.0-1) to require an appellant who intends to appea. - t-ose grounds, to explain in the notice of appeal how the decision is inconsistent with, fails to conform with or conflicts with the other document. 5-16 Third party appeals for nen-decisions on off icial plans Currently, under subsection 17 (40), any person or public body may appeal to the Local Planning Appeal Tribunal with respect to all or part of an official plan in respect of which no notice of a decision was: given within the specified timeline. In addition to changing the timeline to 120 days, subsection 17 {40) as re-enacted, gives appeal rights to the following persons or public bodies: the municipality that adapted the plan, the Minister and, in the case of a plan amendment adopted in response to a request under section 22, the person or public body that requested the amendment. Community benefits charge by-law Currently, u nder subsection 37 (1), a local municipality may, in a zoning by-law, authorize increases in the height and density of development otherwise permitted by the by-law that will be permitted in return for the provision of such facilities, services or matters as are set out in the by-law Section 37, as re-enacted, replaces the current section 37 and also replaces the power to impose a development charge under the Development C'hargesAct, 7997in respect of services described in subsection 9.1 (3) of that Act_ fSee amendments to that Act set out in Schedule 3)_ Under section 37, as re-enacted, a municipality may by by-law impose community benefits charges against land to pay for capital casts of facilities, services and matters required because of development or redevelopment in the area to which the by-lawapplies- Here are some highlights: A community benefits charge may be imposed in respect of d.&vz- _ :_ - ,= ` or redevelopment that meets specified requirements set out in subsections 37 (3) and i;= - e.:_,3ection 37 (5) provides that a community benefits charge may not be imposed with respect to fa;_ :=ies, servicesor matters that are prescribed or that are associated with any of the services set out i _. e.:_ section 2 (4) of the Development C'hargeEAct, 7997 Under subsection 37 (12), the amount of the charge cannot exceed an amount equal to the prescribed percentage of the value of the land as of the day before the day the building permit is issued in respect of the development or redevelopment_ A dispute resolution process is provided in cases where the landowner is of the view that the charge exceeds the maximum aIIowable charge, Under subsection 37 (25), all money received under a community be nef its c h a rge by-law must be paid into a special account. Under subsection 37 127), a municipality must spend or allocate 60 per cent of the monies in the special account each year_ Subsections 37 (29) to (31) are transitiona I provisions relating to the fol Iowing: a special account established under repealed subsection 37 (5); a reserve fund established in accordance with the Development Charges Act, 7997in respect of services described in subsection 9.1 (3) of that Act; and any credit under section 36 of that Act that relates to .any of those services. New section 37.1 sets out transitional provisions relating to the repeal of current section 37. 5-17 Parkland by-laws under section 4 A local municipality may, under subsection 42 (1), pans a by-law applicable to the whale -or any defined area of the municipality to require as a condition of development or redevelopment of land, that land in an amount not exceeding a specified amount be conveyed to the municipality for park or other public recreational purposes. Subsection 42 (2) is added to provide that, subject to a specified exception, a by-law under subsection 42 11) is of no force and effect if a community benef its cha rge by- law under section 37, as re-enacted, passed by the municipality is in force. Subsection 42 (3) currently provides that, as an alternative to requiring the conveyance provided u nder subsection 42 (1), the by-law may, in the case of land proposed for development or redevelopment for residential purpo5es, require that land be conveyed to the municipality for park or other public recreational purposes at a rate not exceeding the specified rate. Subsection 42 (3) and related subsections are repealed. Currently, under subsection 42 (17), the treasurer of the municipality must give each year to council a financial statement relating to a special account the municipality is required to maintain under subsection 42 (15). Subsection 42 (17) and related subsections 42 08) to (20) are repealed. Subsection 42 07), as re-enacted, imposes reporting requirements on municipalities that pass a by-law under section 42. Third party appeals of plans of subdivision Currently, under subsection 51 (39), a person or public body has a right to appeal the decision of an a oproval authority to approve a plan of subdivision (including the lapsing provision and conditions) if the person or public body has, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority. Amendments to subsection 51 (39) add the _: _. --.--;ent that the person also be a person listed in new subsection 51 (48.3). Similar amendments are made to appeal rights under subsections 51 (43) and (48). Parkland condition to approval of plan of subdivision under section 51.1 Currently, under subsection 51.1 (1), the approval authority may impose as a condition to the approval of a plan of subdivision that land in an amount not exceeding a specified amount be conveyed to the local municipality for park or other public recreational purposes. Subsection 51.1 (6) is added to provide that the development or redevelopment of land within a plan of subdivision is not subject to a community benefits charge by-law under Section 37, as re-enacted, if the approval of the plan of subdivision is the Subject of a condition that is imposed under subsection 51.1 (1) on -or after the day section 37, a5 re-enacted, comes into farce_ New subsection 51..1 (7) sets out transitional provisions. 5-18 Mandatory development permit system Currently, under section 70.2.2, the Minister and an upper -tier municipality may require a local municipality to adopt or establish a development permit system for one or more pu rposes as the Lieutenant Governor in Council may specify by regulation. The local municipality has discretion to determine what parts of its geographic area are to be governed by the development permit system. Under section 70.2.2, as re-enacted, the Minister may require a local municipality to adopt or establish a development permit system that applies to a specified area or to an area surrounding and including a specified location. If the order specifies a location (instead of an area), the local municipality is required to establish the system in respect of that location and has -discretion, to determine the boundaries of the area -surrounding the specified location that is to be governed by the system. Regulation -making powers Several amendments are made to the reg .j i at ion- ma ki n g powers set out in sections 70.1 and 70.2. Section 70.1D is added to give the M inister the power to ma ke reg uIations governing transitional matters. Regulation -making power Several amend mentsare madeto the regulation -making powers set out in sections 70.1 and 70.2 - Sect ion 0.2_Section 70.10 is added to give the Minister the power to make reg u I ations g overn i ng transitional matters. SCHEDULE 13 Workplace Safety and Insurance Act, 1997 The .Schedule adds a section to the Act to provide that the Board may establish premium rates for partners and executive off ice rswho perform no construction work that .are different from premium rates established for the employers of the partners and executive officers and may adjust those rates. Source: Extracts from Explanatory Note posted on the Environmental Registry of Ontario 5-19 Staff Repoil Development Services Department K {�F-x www.kitchen er. c a REPORT TO: Committee of the Whole DATE OF MEETING: May 27, 2019 SUBMITTED BY: Barry Cronkite. Director, Transportation Services, 519 741-2200 x 7738 Brian Bennett, Manager Economic Development, 519 741-2200 x 7230 PREPARED BY: Paul A. McCormick, Manager, Parking Enterprise, 519 741-2200 x 7155 WARD (S) INVOLVED: Ward 9 DATE OF REPORT: May 13, 2019 REPORT NO.: DSD -19-138 SUBJECT: Parking Agreement - Bramm Street Yard RECOMMENDATION: That the Mayor and Clerk be authorized to execute a parking agreement satisfactory to the City Solicitor to lease an area of the Bramm Street Yards parking lot comprising 45 parking spaces and a landscaped area to 10OVIC GP Inc., and That the Manager, Parking Enterprise be authorized to execute temporary parking agreements on City Lands having a term of not greater than three years, provided that any such agreements shall have been approved by the City Solicitor and provided further that any such agreements having a term in excess of one year shall include provision for cancellation by the City on not greater than 60 days notice and/or a provision to relocate parking to other parking facilities. BACKGROUND: Momentum Development and VIC100 GP Inc. is constructing Phase 2 at One Hundred Victoria Street and Phase 3, the Garment Street Condos, on their site adjacent to Phase 1 located at 114 Victoria Street South (the Development Site"). They have approached staff to investigate an interim parking solution required to facilitate construction. REPORT: The City of Kitchener ("City") received a request from 100 VIC to enter into a 1 year parking agreement; with a 3 month renewal option; within the City owned property located at 55 Bramm Street. 100 VIC requires 45 parking spaces, existing drive aisles and a section of landscaping (as depicted in Schedule A) for their staging and laydown area during construction. 100 VIC has agreed to pay market rate for all 45 parking spaces and provide liability insurance acceptable by the City throughout the term of the agreement. In addition, they have agreed to indemnify and hold harmless the City from any and all losses and damages as directed by City's solicitor. They will also be responsible for all repairs within the parking area as a result of their construction activities. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 6-1 d Schedule A Bramm Street Yards Victoria Street !!y Barrier larking Spaces It is worth noting that the Parking Enterprise and Economic Development Division occasionally receive requests for parking assistance similar to the above from businesses and organizations in the downtown. Advance notice of these requests are typically short and the ability to make decisions quickly would help to provide effective service, promote development and secure future revenue. To accommodate these requests, it is requested that the Manager of the Parking Enterprise be authorized to execute temporary parking agreements based on the following conditions: • on City Lands; • a term of not greater than three years; • agreements have been approved by the City Solicitor; • any agreements having a term in excess of one year shall include provision for cancellation by the City or a provision to relocate parking to other parking facilities. 6-2 These short term agreements yield a number of potential benefits including: • Increased revenue and the ability to meet financial objectives; • Increased occupancy and/or market share; • Better customer service; • Assisting economic development initiatives to attract new businesses. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: The annual parking fees to be applied to the Parking Enterprise's operating budget for 45 parking spaces at the current rates will be $62,051. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. CONCLUSION: The proposed recommendation will provide flexibility for staff to entertain new opportunities including but not limited to unused or underutilized parking inventory. Most importantly, it empowers staff to find ways to ensure our facilities are used to as near capacity as possible. ACKNOWLEDGED BY: Justin Readman, General Manager Development Services Department 6-3 REPORTS TO BE CONSIDERED BY COUNCIL MAY 27, 2019 FINANCE AND CORPORATE SERVICES COMMITTEE — MAY 13, 2019 CITY OF KITCHENER That the City's parcel of land having an area of approximately 0.65 acres, legally described as Part 1 on Plan 58R- 18133, as outlined in Development Services Department report DSD -19-097, be declared surplus to the City's needs; and, That the closure of the unimproved Right of Way described as Waterloo Street Plan 577 be approved in principle; and further, That the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale, to the satisfaction of the City Solicitor, with 528 Lancaster Street West Inc. for their acquisition of two City - owned parcels of land, as follows: i) The City's parcel of land legally described as Part 1 on Plan 58R- 18133 at a purchase price of $585,000.; and further, ii) The City's unimproved Right of Way described as Waterloo Street Plan 577 at a purchase price of $184,050. That the Agreement of Purchase and Sale be conditional on the following: i) The purchaser obtaining a Record of Site Condition, at their cost, for both parcels of land prior to closing; and, ii) The purchaser paying the City's expenses to complete this transaction; and, iii) The City retains the right to re -purchase the subject lands at 90% of the purchase price in the event that the purchaser has not commenced construction with two years of Council approval; and further, That the Mayor and Clerk be authorized to execute all documentation required to complete the transaction. That the eight thousand dollars ($8,000) available through the Community Environmental Improvement Grant this year, as outlined in Development Services Department report DSD -19-105 be allocated as follows: • Six hundred dollars ($600) to Kitchener Master Gardeners specifically for room rentals; and, • Eight hundred dollars ($800) to Sunshine Montessori School to purchase terra -cycle boxes for the school; and, • One thousand and five hundred dollars ($1,500) to Transition Kitchener -Waterloo for room rentals and workshop supplies associated with Neighbourhood Climate Change Adaptation/Mitigation Workshops; and, • Two thousand and seven hundred and twenty dollars ($2,720) to Divest Waterloo for a Resiliency and Regeneration Climate Conversations for Faith Communities Event that would be inclusive to all and marketed to the broadest audience; and further, • Two thousand and three hundred and eighty dollars ($2,380) be prorated toward the 2020 Community Environmental Improvement Grant program. That the Finance and Corporate Services meeting dated May 13, 2019 be deemed as the statutory public meeting for the 2019 Development Charges By-law update and it is determined that no further public meetings will be held in respect to the passage of the by-law, as outlined in Financial Services Department report FIN -19-038. REPORTS TO BE CONSIDERED BY COUNCIL MAY 27, 2019 CITY OF KITCHENER FINANCE AND CORPORATE SERVICES COMMITTEE — MAY 13, 2019 (CONT'D) That a total of $6,900,000 of the federal gas tax, as outlined in Financial Services Department report FIN -19-039, be allocated as follows: A. $1,100,000 Woodside Park B. $1,000,000 Sportsfields Infrastructure C. $300,000 Vanier Park Splash Pad D. $650,000 Park Bridge Replacements E. $1,000,000 Roofing Replacement: The Aud F. $1,000,000 Roofing Replacement: Recreation & Culture Facilities G. $975,000 91 Moore Sustainable Building Improvements H. $225,000 Building Automation Systems Replacement/ Upgrades I. $650,000 HVAC Replacement: Breithaupt Centre That staff be directed to reprioritize the list of projects for additional Federal Gas Tax Funding to include $500,000 that can be dedicated to park improvements in each ward. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — MAY 13, 2019 That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Greek Orthodox Community of Saints Peter and Paul Kitchener -Waterloo & District for their Annual Greek Food Festival at 527 Bridgeport Road, to be held on June 8th, 2019 from 12:00 p.m. to 11:00 p.m. and June 9th, 2019 from 12:00 p.m. to 10:00 p.m., as outlined in Community Services Department report CSD -19-012. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Polocorp Inc. for the development of the Barra Condos at 399 Queen Street South and 168-180 Benton Street, on various dates from May 2019 through September 2019 between the hours of 7:00 p.m. and 7:00 a.m., as outlined in Community Services Department report CSD -19-013. That Council approve the attached policies which support the implementation of the Administrative Monetary Penalty System (AMPS) as set out in Community Services Department report CSD -19- 010; A. Policy to Prevent Political Interference B. Conflict of Interest and Code of Conduct Policy C. Policy Regarding Financial Management and Reporting D. Public Complaints Policy E. Undue Hardship Policy F. Policy for the Appointment of Screening and Hearing Officers That the City of Kitchener acknowledge that Cook Homes proposes to name a private street 'Gleason Crescent' within a vacant land condominium development located at 155 Westwood Drive, as outlined in Development Services Department report DSD -19-093; and further, That the City's Legal Services be directed to proceed with the required advertising, preparation and registration of the necessary By-law for the naming of the 'Gleason Crescent'. That the Uniform Traffic By-law be amended for the installation of an all -way stop control at the intersection of Glen Road and Pleasant Avenue, as outlined in Development Services Department report DSD -19-103. That the Uniform Traffic By-law be amended for the installation of an all -way stop control at the intersection of Rittenhouse Road and Erinbrook Drive / McCabe Court, as outlined in Development Services Department report DSD -19-104. REPORTS TO BE CONSIDERED BY COUNCIL MAY 27, 2019 CITY OF KITCHENER COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — MAY 13, 2019 (CONT'D) That the Kitchener Utilities Natural Gas Distribution Policy be approved and that the Gas Distribution System Integrity Management Program outline, be presented for information in accordance with the Technical Standards and Safety Act, 2000 and Regulation 210/01: Oil and Gas Pipeline Systems, as outlined in Infrastructure Services Department report INS -19-006. That the Drinking Water Quality Management Standards (DWQMS) Operational Plan attached to Infrastructure Services Department report INS -19-007, be re -endorsed in accordance with the Safe Drinking Water Act, 2002 and Regulation 188/07. That staff be directed to work with Scott Barker and Gateman Milloy to develop a Survivor Garden concept for Victoria Park, as outlined in Infrastructure Services Department report INS -19-011; and, That staff be directed to undertake stakeholder engagement to inform the garden design; and, That the General Manager, Infrastructure Services be authorized to enter into the necessary agreements with Scott Barker and/or Gateman Milloy, and any other partner for the creation of a Survivor Garden, subject to the satisfaction of the City Solicitor; and further, That the Survivor Garden be included on the list of assets not to be sold for naming rights. 10. That staff be directed to conduct a review of the required level of service stated in By-law chapter 687 (Snow and Ice) as outlined in program component 1 of Infrastructure Services Department report INS -19-009, throughout summer 2019 and report back in fall 2019 with results and recommendations; and, That staff be directed to conduct a pilot to evaluate the initial clearing for 8cm snow events program as outlined in program component 2 of Report INS -19-009 throughout winter 2019/2020 and report back by May 2020 with results and recommendations; and, That staff be directed to develop priority route options as outlined in program component 3 of Report INS -19-009 and report back by May 2020 with results and recommendations; and, That staff be directed to extend the proactive inspection pilot as outlined in program component 4 of Report INS -19-009 throughout winter 2019/2020 and report back by May 2020 with results and recommendations; and, That staff be directed to extend the assisted services for sidewalk and windrow clearing pilot outlined in program component 5, as amended, of Report INS -19-009 throughout winter 2019/2020 and report back by May 2020 with results and recommendations; and, That staff be directed to monitor and further evaluate the neighbourhood shared snow blower pilot as outlined in program component 6 of Report INS -19-009 throughout winter 2019/2020 and report back by May 2020 with results and recommendations; and further, That staff be directed to conduct a representative valid survey as outlined in program component 7 of Report INS -19-009 and report back by May 2020 with results and recommendations. PLANNING AND STRATEGIC INITIATIVES COMMITTEE — MAY 13, 2019 That Sections 6 (Urban Growth Centre) and 4.3 (Bonusing) of the new Zoning By-law (Stage 1) and associated mapping attached as Appendix 'D' to Development Services Department report DSD -19-049 be approved as Amendment No.1 to By-law 2019-051 subject to the following minor updates: • In 4.3.i) update the 'Equivalent to LEED standard or equivalent rating system' to include Net -Zero Development with updated Bonus Values of: o Equivalent to LEED Gold or above (or comparable): 1.0 FSR o Net Zero Energy: 1.25 FSR o Net Zero Carbon: 1.5 FSR o Net Positive Energy or Carbon: 1.75 FSR REPORTS TO BE CONSIDERED BY COUNCIL MAY 27, 2019 CITY OF KITCHENER PLANNING AND STRATEGIC INITIATIVES COMMITTEE — MAY 13, 2019 (CONT'D) • In 4.3i) update the 'Affordable, special needs, assisted, or subsidized housing' Bonus Value percentage metric only to be: o Greater than 10%: 1.0 FSR o Greater than 25%: 2.0 FSR o Greater than 50%: 1.5 FSR; and further, That staff prepare the Bonusing Implementation Guide, with additional stakeholder consultation, within one year of the approval of the bonusing provisions of the new Zoning By-law. That Official Plan Amendment Application OP18/003/F/JVW for Activa Holdings, for the property municipally addressed as 100 Seabrook Drive, requesting a change in designation from "Low Rise Residential" to "Mixed Use One" to permit a mixed use development on the parcel of land specified and illustrated on Schedule 'A', be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD 19-079 as Appendix'A', and accordingly forwarded to the Region of Waterloo for approval; and, That Maps 3 and 5 of the Official Plan and Maps 22 a, b, c, d, e, f of the Rosenberg Secondary Plan, be amended, to incorporate lands shown on Schedule 'A' as Phase 2; attached to Report DSD 19-079; and, That the Huron Community Plan, be amended, to remove the Area 2 portion of the subject lands from the Huron Community Plan as shown on Appendix 'C'; and, That Zoning By-law Amendment Application ZC18/003/F/JVW for Activa Holdings requesting a change from Business Park Service Centre Zone (B-3), with Special Use Regulation 330 U to Low Intensity Mixed Use Corridor (MU -1) with Special Regulation Provision 750R and from Residential Six (R-6) to Low Intensity Mixed Use Corridor (MU -1) with Special Regulation Provision 750R and Special Use Provision 476U on the parcel of land specified and illustrated on Map No. 1, be approved, in the form shown in the 'Proposed By-law' dated May 13th, 2019, attached to Report DSD 19-079 as Appendix 'B'; and further, That in accordance with Planning Act Section 45 (1.3 & 1.4) applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZC18/003/F/JVW. That Zoning By-law Amendment Application ZC17/015/B/AP for WILL -O -HOMES (C.S.) INC., for the property municipally addressed as 450 Bridgeport Road, be approved, in the form shown in the 'Proposed By-law' and 'Map No. 1' attached to Development Services Department Report DSD -19-064 as Appendix 'A'; and, That in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZC17/015/B/AP; and further, That the Urban Design Brief for 450 Bridgeport Road, attached to Report DSD -19-064 as Appendix 'B', be endorsed and provide the basis for future development. That Zoning By-law Amendment application ZC18/008/N/CD for Principia Development Ltd., for the property municipally addressed as 730 New Dundee Road, requesting to change the zoning from Agriculture Zone (A-1) to Convenience Commercial Zone (C-1) with Special Use Provision 477U, Special Regulation Provision 751 R and Holding Provisions 87H and 25HSR on the parcel of land specified and illustrated on Map No. 1, be approved, in the form shown in the 'Proposed By-law', dated April 9, 2019, attached to Report DSD -19-095 as Appendix 'A'; and further, That in accordance with Planning Act Regulation 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZC18/008/N/CD. REPORTS TO BE CONSIDERED BY COUNCIL MAY 27, 2019 CITY OF KITCHENER PLANNING AND STRATEGIC INITIATIVES COMMITTEE — MAY 13, 2019 (CONT'D) That the proposed shared vision for the Development Services Review be approved; and further, That the site plan and public engagement processes be prioritized for review, as outlined in Development Services Department report DSD -19-096. HERITAGE KITCHENER COMMITTEE — MAY 7, 2019 That the Heritage Kitchener 2019-2020 Work Plan, as circulated with the May 7, 2019 Heritage Kitchener Agenda, be approved. May 24, 2019 Mayor B. Vrbanovic and Members of Council CHRISTINE TARLING Director & City Clerk Finance and Corporate Services Department Legislated Services Kitchener City Hall, 2nd Floor 200 King Street West, P.O. Box 1118 Kitchener, ON N2G 4G7 Phone: 519-741-2200 x 7809 Fax: 519-741-2705 Christine.tarling@kitchener. ca Re: Council Meeting — Monday, May 27, 2019 Please be advised Council is requested to consider the attached Corporate Services Department report CSD -19-031 at the May 27th Council meeting. Yours truly, C. Tarling Director of Legislated Services & City Clerk Staff Repod Corporate Services Department REPORT TO DATE OF MEETING: SUBMITTED BY PREPARED BY: WARD (S) INVOLVED: DATE OF REPORT: REPORT NO.: SUBJECT: RECOMMENDATION: www1itchever.ca Committee of the Whole May 27, 2019 Erin Kearney, Interim Prosecutor 519-741- 2200 ext. 7060 Erin Kearney, Interim Prosecutor 519-741- 2200 ext. 7060 Ward 2 May 23, 2019 COR -19-031 Encroachment Request: Rogers Communication installation at Morrison Park "Subject to staff approval, that the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with Rogers Communications Inc. for the installation of approximately 200 metres of conduit containing fibre optic cable running under Morrison Park." BACKGROUND: Rogers Communications Inc. approached the City of Kitchener for permission to enter into parklands and install a fibre optic cable. This cable will be connected to existing infrastructure already installed and owned by Rogers in the area. REPORT: Rogers Communications Inc. would like to install fibre optic cable which will encroach on City parklands, being installed within the boundaries of Morrison Park, in the areas between Oneida Street and Wydacotte Court. The location of the proposed fibre optic cable would run between 2.8 and 3.7 metres inside of the property line, and would have a minimum depth cover of 0.8 metres, as is standard to gain Municipal Consent. Any digging to be performed within 1 metre of existing underground services will be done by hand. All lands are to be restored to the specifications of the City upon the completion of this work. Rogers has provided drawings of their construction plans; these are currently being circulated to City Staff for their comments based on their areas of expertise. A copy of the drawing that pertains to the area in question is attached to this report as Schedule "A", as well as a copy of the Municipal Consent Submission Form as Schedule "B". Please note that this Submission Form is for the totality of Rogers' proposed work, some of which is beyond the scope of this potential encroachment agreement. Rogers has already Staff Repod Corporate 5ervrces Department www1itchever.ca received consent from Engineering for their plans in the areas that do not encroach on City parklands. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Efficient and Effective Government — Customer Service FINANCIAL IMPLICATIONS: All fees associated with encroachments will be paid by the applicant. The Application fee of $285.61 has been paid. A processing fee of $240 will become payable after Staff and Council approval. A minimum parklands encroachment fee of $318 per year will also be applicable should Staff and Council approve this encroachment. 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