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