HomeMy WebLinkAboutCouncil Agenda - 2023-02-27Council Meeting Agenda
Monday, February 27, 2023, 7:00 p.m.
Council Chambers - Hybrid
City of Kitchener
200 King Street W, Kitchener, ON N2G 4G7
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delegation section on the agenda below for registration in-person and electronic participation
deadlines. Written comments received will be circulated prior to the meeting and will form part of the
public record.
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Pages
1. COMMENCEMENT
The electronic meeting will begin with a Land Acknowledgement given by the
Mayor and the singing of "O Canada."
1.1 Commemoration of Black History Month - Hymn To Freedom
2. MINUTES FOR APPROVAL
Minutes to be accepted as circulated to the Mayor and Councillors (regular
meeting held January 30, 2023, and special meetings held January 23 and 30,
2023) - Councillor J. Deneault.
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
4. COMMUNICATIONS REFERRED TO FILE
4.1 Flag Request Under Policy MUN-FAC-442
4.1.a Parental Alienation Canada - April 25, 2023 - May 2, 2023
5. PRESENTATIONS
6. DELEGATIONS
Pursuant to Council's Procedural By-law, delegations are permitted to address
the Committee for a maximum of five (5) minutes. All Delegations where
possible are encouraged to register prior to the start of the meeting. For
Delegates who are attending in-person, registration is permitted up to the start
of the meeting. Delegates who are interested in attending virtually must register
by 5:00 p.m. on February 27, 2023, in order to participate electronically.
6.1 Vision for Infrastructure
6.1.a S. Sharma and Z. Akbari
7. REPORTS OF COMMITTEES
7.1 FINANCE AND CORPORATE SERVICES COMMITTEE - February 13,
2023
7.1.a Accessibility Plan (2023-2027), CSD -2023-004
That the 2023-2027 Accessibility Plan, as attached to Community
Services Department report CSD -2023-004, be approved as the
Corporation of the City of Kitchener's Accessibility Plan.
7.1.b McLean-Peister Limited, 375 New Dundee Road - Section 20
Development Charges Complaint, FIN -2023-064
That the complaint of McLean-Peister Limited in relation to the City of
Kitchener's development charges imposed for its development at 375
New Dundee Road as set out in Financial Services Department report
FIN -2023-064 be dismissed.
7.2 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE -
February 13, 2023
7.2.a Briar Knoll Drive On -Street Parking Prohibition, DSD -2023-023
That the Uniform Traffic and Parking Bylaw be amended to prohibit
parking on the north (even -numbered) side of Briar Knoll Drive from a
point 68 m west of Calmcrest Drive to a point 29 meters west thereof,
as outlined in Development Services Department report DSD -2023-
023.
7.2.b Ontario Health Multi -Sector Service Accountability Agreement, CSD -
2023 -008
That the Mayor and Clerk be authorized to execute an agreement,
subject to the satisfaction of the City Solicitor, with Ontario Health for
the Multi -Sector Service Accountability Agreement, as outlined in
Community Services Department report CSD -2023-008; and further,
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That the CAO or the Deputy CAO of Community Services be
authorized to execute the necessary documentation relating to
compliance, reporting, and operational matters required by the Multi -
Sector Service Accountability Agreement between The Corporation of
the City of Kitchener and Ontario Health.
7.2.c Site Alteration By-law Amendment, DSD -2023-058
That Chapter 633 (Fill - Dumping Alteration of Grade) of the City of
Kitchener Municipal Code be amended to include the Site Alteration
By-law as outlined in Attachment 'A' of Development Services
Department report DSD -2023-058.
7.2.d Biehn Drive and Sanitary Trunk Sewer Extension Class
Environmental Assessment (EA) - Environmental Study Report, DSD -
2022 -188
That the following motion be deferred to the March 20, 2023 Council
Meeting to allow an opportunity to further review the scoring for
alternative 4 outlined in the Environmental Assessment; the traffic
demand needs for the community; alternative servicing and
construction options; additional environmental impacts such as
flooding and salt contamination; impacts on future development and
housing supply; and, future construction of Robert Ferrie Drive:
"That the Biehn Drive and Trunk Sanitary Sewer Extension Class
Environmental Assessment (EA) - Environmental Study Report (ESR),
prepared by BT Engineering, dated January 18, 2023, be received;
and,
That the Biehn Drive and Trunk Sanitary Sewer Extension
Environmental Study Report (ESR), be filed with the Ministry of the
Environment Conservation and Parks (MECP) for the mandatory thirty
(30) day review period as required by the Environmental Assessment
(EA) Act, as outlined in Development Services Department report
DSD -2022-188."
7.3 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - February
13, 2023
7.3.a Official Plan Amendment Application OPA22/02/F/BB, Zoning By-law
Amendment Application ZBA22/02/F/BB, 142-146 Fergus Avenue,
2467491 Ontario Inc., DSD -2023-051
That Official Plan Amendment Application OPA22/02/F/BB for
2467491 Ontario Inc. requesting a change to the Land Use
Designation on the parcel of land specified and illustrated on
Schedule `A', be adopted, in the form shown in the Official Plan
Page 3 of 12
Amendment as Appendix "A" to Development Services Department
report DSD -2023-051, and be forwarded to the Region of Waterloo for
approval; and,
That Zoning By-law Amendment Application ZBA22/02/F/BB for
2467491 Ontario Inc. for the property municipally addressed as 142-
146 Fergus Avenue, be approved in the form shown in the "Proposed
By-law" and "Map No. 1" attached as Appendix "B" to Report DSD -
2023 -051; and,
That the Urban Design Brief prepared by GSP Group Inc. and
attached as Appendix "C" to report DSD -2023-051 be adopted, and
that staff be directed to apply the Urban Design through the Site Plan
Approval process; and further,
That staff be directed to work with the applicant to potentially increase
the density and possibility of accommodating affordable housing units,
and to report information back at the February 27, 2023 Council
Meeting.
7.3.b Zoning By-law Amendment ZBA/22/027/B/CD , Blocks 22, 25, 28 and
Part of Blocks 20,21, 23, 24, 26, 27, 29 Plan 58M-643, (Trussler West
Subdivision), Activa Holdings Inc., DSD -2023-054
That Zoning By-law Amendment Application ZBA22/027/B/CD for
Activa Holdings Inc. for a vacant parcel identified as Blocks 22, 25, 28
and part of blocks 20, 21, 23, 24, 26, 27, 29 Plan 58M-643 (Trussler
West Subdivision) be approved in the form shown in the "Proposed
By-law", and "Map No. 1", attached to Development Services
Department Report, DSD -2023-054 as Appendix "A".
8. UNFINISHED BUSINESS
8.1 Official Plan Amendment OP17/003/F/GS, Zoning By-law Amendment 9
ZC17/010/F/GS, 507 Frederick Street, 40, 44, & 48 Becker
Street, Henry Walser Funeral Home Ltd., DSD -2022-478 AND Follow-
up Reports DSD -2023-062 & DSD -2023-085
"That the following motion be deferred to the February 27, 2023
Council Meeting, as requested by the applicant to allow additional
time to review options that were discussed at the Planning and
Strategic Initiatives Committee on January 9, 2023, related to on-
site minimum parking rates, potential building re -design, removal
of Becker Street from the proposed rezoning and to explore
options regarding parking on Becker Street and on the land legally
described as Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1:
"That Official Plan Amendment Application OP17/003/F/GS
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for Henry Walser Funeral Home Ltd, Leeann Marie Walser,
Henry James Walser and 2544770 Ontario Inc. for the
property municipally addressed as 507 Frederick Street, 40,
44, & 48 Becker Street, and a triangular shaped portion of
land legally described as Plan 42, Pt Lots 27 to 30, RP 58R-
15854 Pt 1., requesting a Commercial land use designation
and Specific Policy Area 58 to permit a
crematorium/cremator as an accessory use to a funeral
home, on the lands specified and illustrated on Schedule 'A'
and on Schedule `B', be adopted, in the form shown in the
Official Plan Amendment attached to Development Services
Department report DSD -2022-478 as Appendix `A', and
accordingly forwarded to the Region of Waterloo for
approval; and,
That Zoning By-law Amendment Application ZC17/010/F/GS
requesting to amend Zoning By-law 85-1, for Henry Walser
Funeral Home Ltd, Leeann Marie Walser, Henry James
Walser and 2544770 Ontario Inc. be approved in the form
shown in the "Proposed By-law", and "Map No. 1 ", attached
to Report DSD -2022-478 as Appendix `B'; and,
That Zoning By-law Amendment Application ZC17/010/F/GS
requesting to amend Zoning By-law 2019-051, for Henry
Walser Funeral Home Ltd, Leeann Marie Walser, Henry
James Walser and 2544770 Ontario Inc. be approved in the
form shown in the "Proposed By-law", and "Map No. 1",
attached to Report DSD -2022-478 as Appendix `C'; and,
That the Proposed By-law to amend Zoning By-law 2019-
051, attached to Report DSD -2022-478 as Appendix `C', as
amended shall have no force and effect against the subject
lands until the date that all appeals relating to By-law 2022-
040 (Comprehensive Review of the Zoning By-law (CRoZBy)
Stage 2b — Applying New Residential Zones on Properties)
in relation to the subject lands have been withdrawn or
decided and any applicable appeal periods have expired;
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
ZC17/010/F/GS; and,
That Council give approval under Section 83(3) of the
Page 5 of 12
Funeral, Burial and Cremation Services Act, to establish a
Crematorium proposed at 507 Frederick Street; and further,
That under Section 84(4) of the Funeral, Burial and
Cremation Services Act, staff be directed to send a copy of
the Council decision to the Provincial registrar and the
owner, and that staff also be directed to publish notice of the
decision in The Record newspaper."
9. NEW BUSINESS
9.1 REGIONAL COUNCIL UPDATE — MAYOR B. VRBANOVIC
9.2 Notice of Motion - M. Johnston - Amend 2023 Council and Committee
Calendar
Councillor M. Johnston has given notice to introduce the following
motion for consideration this date:
"That the 2023 Council and Committee calendar be amended to
reschedule Audit Committee from March 20, 2023 to April 17,
2023."
9.3 Notice of Motion - B. loannidis - Speed Limits in School Zones
Councillor B. loannidis has given notice to introduce the following
motion for consideration this date:
"WHEREAS 30km/h school zones have been implemented across
the City as per the Council approved Neighbourhood Speed Limit
project;
WHEREAS safety concerns regarding speeding and street safety
continue to be a top concern for Kitchener residents;
WHEREAS school zone bylaws on Region of Waterloo and City of
Kitchener streets are not consistent in terms of the speed limit and
time of day and time of year; and,
Whereas Automated Speed enforcement (ASE) has been installed
on Westheights Drive and Franklin Street and residents find
driving under the 30km/h hour posted speed limit extremely
challenging;
THEREFORE BE IT RESOLVED THAT staff be directed to
investigate appropriate speed limits and time of day restrictions in
school zones on City of Kitchener streets and report back to
Council prior to the start of the 2023 school year;
THEREFORE BE IT FURTHER RESOLVED THAT staff be
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13.
directed to review the appropriate speed limit in ASE zones for
Westheights Drive and Franklin Street and report back on this
matter prior to the fall 2023."
QUESTIONS AND ANSWERS
BY-LAWS
11.1 1ST AND 2ND READING
11.1.a Being a by law to provide for the establishing and laying out of part of
Rosenberg Way as public highway in the City of Kitchener.
11.1.b To further amend By-law No. 2010-190, being a by-law to prohibit
unauthorized parking of motor vehicles on private property.
11.1.c Being a by-law to amend Chapter 110 of The City of Kitchener
Municipal Code regarding By-law Enforcement.
11.1.d To further amend By-law No. 88-171, being a by-law to designate
private roadways as fire routes and to prohibit parking thereon.
11.1.e 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.
11.1.f To confirm all actions and proceedings of the Council for February
27, 2023.
COMMITTEE OF THE WHOLE
12.1 ADMINISTRATIVE REPORTS
12.1.a 2023 Dog Designation Committee (Alternate Member Appointment) ,
COR -2023-075
That effective immediately Councillor C. Michaud be appointed as an
alternate member to the Dog Designation Appeal Committee for the
term ending November 14, 2023, as outlined on the Corporate
Services Department report COR -2023-075.
REPORT OF THE COMMITTEE OF THE WHOLE
14. BY-LAWS
14.1 3RD READING
14.1.a Being a by law to provide for the establishing and laying out of part of
Rosenberg Way as public highway in the City of Kitchener.
14.1.b To further amend By-law No. 2010-190, being a by-law to prohibit
unauthorized parking of motor vehicles on private property.
14.1.c Being a by-law to amend Chapter 110 of The City of Kitchener
Municipal Code regarding By-law Enforcement.
11
Page 7 of 12
14.1.d To further amend By-law No. 88-171, being a by-law to designate
private roadways as fire routes and to prohibit parking thereon.
14.1.e 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.
14.1.f To confirm all actions and proceedings of the Council for February
27, 2023.
15. ADJOURNMENT
Page 8 of 12
Staff Report
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IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: February 27, 2023
SUBMITTED BY: Garett Stevenson, Interim Director, Planning, 519-741-2200
etc. 7070
PREPARED BY: Garett Stevenson, Interim Director, Planning, 519-741-2200
etc. 7070
WARD(S) INVOLVED: Ward 1
DATE OF REPORT:
REPORT NO.:
February 22, 2023
DSD -2023-085
SUBJECT: Follow Up to DSD -2022-478 and DSD -2023-062
Official Plan Amendment OP17/003/F/GS
Zoning By-law Amendment ZC17/010/F/GS
RECOMMENDATION:
That Council further defer consideration of Official Plan Amendment application
OP17/003/F/GS and Zoning By-law Amendment application ZC17/010/F/GS
application to the March 20, 2023 Council meeting to allow additional time for the
Owner, the Applicant, and staff to further review options for the subject lands.
REPORT:
On January 9, 2023, the Planning and Strategic Initiatives Committee referred consideration
of Official Plan Amendment application OP17/003/F/GS and Zoning By-law Amendment
application ZC17/010/F/GS to the City Council meeting scheduled for January 30, 2023 to
allow staff and the applicant to further explore options for the subject lands.
At the request of the Applicant, Council further deferred consideration of these applications
to the February 27, 2023 Council meeting. An additional deferral is requested by the
Applicant to March 20, 2023 to allow more time for the Applicant to consider options.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 9 of 12
INFORM — This report has been posted to the City's website with the agenda in advance of
the council meeting. Notice of the further deferral request was emailed to all delegates that
presented at the Planning and Strategic Initiatives Committee on January 9, 2023.
PREVIOUS REPORTS/AUTHORITIES:
• DSD -2022-478, Official Plan Amendment OP17/003/F/GS application and Zoning
By-law Amendment ZC17/010/F/GS application
• DSD -2023-062, Follow Up report regarding Official Plan Amendment
OP17/003/F/GS application and Zoning By-law Amendment ZC17/010/F/GS
application
Page 10 of 12
Staff Report
Corporate Services Department www. kitchen er.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: February 27, 2023
SUBMITTED BY: Dianna Saunderson, Manager, Council and Committee Services and
Deputy Clerk, 519-741-2200 ext. 7278
PREPARED BY: Mariah Blake, Committee Administrator, 519-741-2200 ext. 7277
WARD(S) INVOLVED: All
DATE OF REPORT: February 7, 2023
REPORT NO.: COR -2023-075
SUBJECT: 2023 Dog Designation Appeal Committee Appointment
RECOMMENDATION:
That effective immediately Councillor C. Michaud be appointed as an alternate
member to the Dog Designation Appeal Committee for the term ending November 14,
2023, as outlined on the Corporate Services Department report COR -2023-075.
REPORT HIGHLIGHTS:
• The purpose of this report is to appoint an additional alternate member of City Council
to the Dog Designation Appeal Committee for the purpose of conducting an appeal
hearing on March 7, 2023 to ensure the Committee meets quorum.
• This report supports the delivery of core services.
BACKGROUND:
On November 16, 2022, Council appointed citizens and members of Council to various
advisory committees, boards and special committees for the current term. At the Striking
Committee meeting, members of Council representatives were appointed to the Dog
Designation Appeal Committee for the term ending November 14, 2024. The following
Council members were appointed Councillor J. Deneault, and Councillor A. Owodunni, with
Councillor M. Johnston being appointed as an alternate member.
REPORT:
On December 13, 2022, a Notice of Appeal for a dog designation was been received and
staff have been unable to secure a hearing date with the existing membership. The Dog
Designation By-law requires scheduling a hearing where possible within 45 business days
of receiving an appeal and staff have confirmed availability for the majority of the attendees
to conduct the Dog Designation Appeal Hearing on March 7, 2023. To address quorum and
procedural fairness, it is preferred to have three members in attendance at the hearing. Staff
reached out to members of Council with previous experience on the Committee, where
Page 11 of 12
Staff Report
Corporate Services Department www. kitchen er.ca
Councillor C. Michaud noted availability and agreement to attending the hearing scheduled
for March 7, 2023.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
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 REPORTS/AUTHORITIES:
• COR -2022-475 - 2022 Appointments to Advisory & Quasi -Judicial Committees
APPROVED BY: Victoria Raab, GM, Corporate Services
ATTACHMENTS:
None at this time.
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