HomeMy WebLinkAboutCouncil Agenda - 2023-03-20Council Meeting Agenda
Monday, March 20, 2023, 6:00 p.m.
Council Chambers - Hybrid
City of Kitchener
200 King Street W, Ktchener, ON N2G 4G7
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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."
2. MINUTES FOR APPROVAL
Minutes to be accepted as circulated to the Mayor and Councillors (regular
meeting held February 27, 2023, and special meetings held February 27 and
March 6, 2023) - Councillor Singh
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 Canadian Polish Congress Kitchener District - May 2, 2023 - May 9,
2023
5.
A
PRESENTATIONS
5.1 Local Snapshot about Agriculture within Waterloo Region
5.1.a Jeff Stager, Waterloo Federation of Agriculture
5.2 Technology Sector Update within Waterloo Region
5.2.a Chris Albinson, Communitech
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 4:00 p.m. on March 20, 2023, in order to participate electronically.
6.1 Dangerous Dog Designation Appeal - Johnson, COR -2023-124, listed
as item 12.1.e.
6.1.a Daniel Ferrari
6.2 Official Plan Amendment OPA22/10/C/BB and Zoning By-law
Amendment ZBA22/17/C/BB, 45-53 Courtland Avenue East, Cantiro
Courtland GP, DSD -2023-065, listed as item 7.2.a.
6.2.a Andrea Sinclair, MHBC Planning
6.3 Official Plan Amendment OP17/003/F/GS, Zoning By-law Amendment
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, listed as item 8.8.1
6.3.a Kristen Barisdale, GSP Group
6.3.b Henry Walser
6.4 Official Plan Amendment OPA21/009/K/AP and Zoning By-law
Amendment ZBA21/014/K/AP, 4396 King Street East & 25 Sportsworld
Drive, Sportsworld Shopping Centre and Taylorwood Park Homes Inc,
DSD -2023-021, listed as item 7.2.b.
6.4.a Kristen Barisdale, GSP Group
6.5 Official Plan Amendment and Zoning By-law Amendment - 146-162
Victoria Street South and 92-110 Park Street
6.5.a Peggy Nickels
6.5.b Sheldon Atos
6.5.c Myron Steinman
11
Page 2 of 137
7
6.6 Biehn Drive and Sanitary Trunk Sewer Extension Class Environmental
Assessment (EA) - Environmental Study Report, DSD -2022-188, listed
as item 8.8.2
6.6.a Douglas Drake
6.6.b Mark Arruda
6.6.c Manny Fernandes
6.6.d Jordan Fernandes
6.6.e Susan Follows
6.6.f Kelli Kuzyk
REPORTS OF COMMITTEES
7.1 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE -
DATE
7.1.a Uncollectable Miscellaneous Receivable Accounts Write -Off
December 2022, FIN -2023-032
That uncollectable Miscellaneous Receivable Accounts amounting to
$8,781 be written off against the Allowance for Doubtful Receivables,
as outlined in Financial Services Department report FIN -2023-032.
7.1.b Uncollectable Utility Receivable Account Write -Off December 2022,
FIN -2023-033
That uncollectable utility accounts amounting to $80,371 be written off
against the allowance for doubtful utility receivables, as outlined in
Financial Services Department report FIN -2023-033.
7.1.c Drinking Water Quality Management Standard (DWQMS) Re -
Endorsement of the Operational Plan, INS -2023-012
That the Drinking Water Quality Management Standards (DWQMS)
Operational Plan attached to Infrastructure Services Department
report INS -2023-012 be re -endorsed in accordance with the Safe
Drinking Water Act, 2002 and Regulation 188/07.
7.1.d Drinking Water Quality Management Standard (DWQMS):
Management Review Summary for 2022, INS -2023-011
That the City of Kitchener Drinking Water Quality Management
Standard (DWQMS): Management Review Summary for 2022 Report
be received for information, as outlined in Infrastructure Services
Department report INS -2023-011.
Page 3 of 137
7.1.e Summary Water Report - 2022, INS -2023-010
That the 2022 City of Kitchener Summary Drinking Water Report be
received for information as required by O.Reg. 170/03 Schedule 22 of
the Safe Drinking Water Act; and,
Further that the City of Kitchener provide a copy of the Summary
Drinking Water Report to the Township of Woolwich and the City of
Waterloo as required by Schedule 22 of O.Reg. 170/03, as outlined in
Infrastructure Services Department report INS -2023-010.
7.2 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - MARCH 6,
2023
7.2.a Official Plan Amendment OPA22/10/C/BB and Zoning By-law
Amendment ZBA22/17/C/BB, 45-53 Courtland Avenue East, Cantiro
Courtland GP, DSD -2023-065
That Official Plan Amendment Application OPA22/10/C/BB for Cantiro
Courtland GP 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 Amendment attached
to Development Services Department report DSD -2023-065 as
Appendix `A' and 'Al', as amended, and accordingly forwarded to the
Region of Waterloo for approval; and,
That Zoning By-law Amendment Application ZBA22/17/C/BB for
Cantiro Courtland GP, for the property municipally addressed as 45-
53 Courtland Avenue East, be approved in the form shown in the
"Proposed By-law" and "Map No. 1" attached to Report DSD -2023-
065 as Appendix `B' and `B1' and as amended; and further,
That pursuant to Section 34(17) and of the Planning Act, R.S.O. 1990,
c.P.13, as amended, and further notice if not required to be given in
respect to Zoning By-law Amendment ZBA22/17/C/BB.
7.2.b Official Plan Amendment OPA21/009/K/AP and Zoning By-law
Amendment ZBA21/014/K/AP, 4396 King Street East & 25
Sportsworld Drive, Sportsworld Shopping Centre and Taylorwood
Park Homes Inc, DSD -2023-021
That the following resolution be deferred to the March 20, 2023
Council meeting to allow an opportunity to further review and provide
additional information on the Transportation Impact Study, future
Ministry of Transportation (MTO) connections, potential school bus
loading zones, additional on-site amenity spaces; and, sustainable
development options including geothermal:
Page 4 of 137
"That Official Plan Amendment Application OPA21/009/K/AP for
Sportsworld Shopping Centre and Taylorwood Park Homes Inc.
requesting a change in land use designation from Commercial
Campus to Mixed Use with Specific Policy Area No. 59 to permit
a high intensity mixed use development on the lands specified
and illustrated on Schedule `A' and Schedule 'B', be adopted, in
the form shown in the Official Plan Amendment attached to
Development Services Department report DSD -2023-021 as
Attachments 'Al' 'A2' and `A3', and, accordingly, forwarded to
the Regional Municipality of Waterloo for approval; and,
That Zoning By-law Amendment Application ZBA21/014/K/AP
for Sportsworld Shopping Centre & Taylorwood Park Homes
Inc., for the property municipally addressed as 4396 King Street
East & 25 Sportsworld Drive, be approved in the form shown in
the Proposed By-law and Map No. 1, attached to report DSD -
2023 -021 as Attachments `131' and `B2'; and further,
That the Urban Design Brief prepared by GSP Group Inc., dated
February 2023, and attached as Attachment `C' to report DSD -
2023 -021 be endorsed, and that staff be directed to implement
the Urban Design Brief through future Site Plan Approval
processes.
8. UNFINISHED BUSINESS
8.1 Official Plan Amendment OP17/003/F/GS, Zoning By-law Amendment 16
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, DSD -2023-136
That the following motion be deferred to the March 20, 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
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
Page 5 of 137
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
ZC 17/010/F/GS; and,
That Council give approval under Section 83(3) of the
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
Page 6 of 137
decision in The Record newspaper.
8.2 Biehn Drive and Sanitary Trunk Sewer Extension Class Environmental 65
Assessment (EA) - Environmental Study Report, DSD -2022-188 AND
Follow up Report DSD -2023-096
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."
9. NEW BUSINESS
9.1 REGIONAL COUNCIL UPDATE — MAYOR B. VRBANOVIC
9.2 Notice of Motion - A. Clancy - e-Scooters/e-Bikes
Councillor A. Clancy has given notice to introduce the following motion
for consideration this date:
"WHEREAS the City of Kitchener has committed to reducing
carbon emissions by 50% by 2030, and has endorsed the
Transform WR document highlighting that 49% of local emissions
are from fuel consumption related to transportation;
WHEREAS the federal government has developed the "Pan -
Canadian Framework on Clean Growth and Climate Change"
which states that The cost of inaction is greater than the cost of
action: climate change could cost Canada $21-$43 billion per year
by 2050 and stating that government will work to "(support) the
shift from higher to lower -emitting types of transportation" p .18;
WHEREAS the City of Kitchener has developed a "Cycling and
Trails Master Plan" which focuses on "investing in trails and bike
Page 7 of 137
lanes to reduce automobile dependence and greenhouse gas
emissions, provide more recreation and leisure options, increase
social connections and physical activity, improve public health
outcomes, and reduce infrastructure demands";
WHEREAS Transform WR states that we will work towards a
future where "everyone has the opportunity to access and make
sustainable choices". Current federal policies and subsidies are
disproportionately benefitting higher income people (car and home
owners), and the effects of climate change disproportionately harm
low income people;
WHEREAS ebikes have been shown to be the most effective way
to get people out of their cars and into healthier, more sustainable
and affordable modes of transportation according to electrek.co;
THEREFORE BE IT RESOLVED that Kitchener City Council
requests that the federal government promote equity in its climate
policies by subsidizing ebikes and escooters, especially for those
living on low incomes;
THEREFORE BE IT FURTHER RESOLVED THAT a copy of this
resolution be sent to MP Mike Morrice, MP Valerie Bradford, MP
Tim Louis, MP Brian May, the Minister of Environment and Climate
Change Steven Guilbeault, all Waterloo Region Municipalities, the
Association of Municipalities of Ontario and the Federation of
Canadian Municipalities."
10. QUESTIONS AND ANSWERS
11. BY-LAWS
11.1 1ST AND 2ND READING
11.1.a Being a by-law to amend Chapter 110 of The City of Kitchener
Municipal Code regarding By-law Enforcement.
11.1.b 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.c To further amend By-law No. 2010-190, being a by-law to prohibit
unauthorized parking of motor vehicles on private property.
11.1.d 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.e Being a by-law to further amend By-law 2019-113, to regulate traffic
and parking on highways under the jurisdiction of the City of
Kitchener
Page 8 of 137
12.
11.1.f To confirm all actions and proceedings of the Council for March 20,
2023.
COMMITTEE OF THE WHOLE
12.1 ADMINISTRATIVE REPORTS
12.1.a Request for Additional Funding — Q23-004 Conway Drive and Wayne
Drive RR, FIN -2023-131
That $754,000 be transferred from the Water Infrastructure Program
(WIP) Road Reconstruction General Account to the Conway Drive
and Wayne Drive Road Reconstruction account to allow the project
to proceed.
12.1.b NSP23-063 Microsoft Enterprise Agreement, FIN -2023-130
That the City leverage the Province of Ontario's, Master Business
Service Agreement U8364444 - Microsoft Enterprise Agreement,
with Microsoft Canada, Toronto, Ontario, for a three (3) year period,
with no options for renewal, provided a satisfactory contract is
executed.
12.1.c Applications for Cancellation, Refund, Reduction of Taxes, FIN -2023-
101
That the applications to City Council for write-off, cancellation,
reduction, or refund of taxes totalling $295,065.32 as attached to
Financial Services Department report FIN -2023-101, be approved,
pursuant to Sections 354 and 357 of the Municipal Act, S.O. 2001, c.
25 ("the Act").
12.1.d Neighbourhood Association Affiliation 2023, CSD -2023-082
That the list of proposed Neighbourhood Associations, as attached to
the Community Services Department report CSD -2023-082, be
approved for affiliation for the year 2023 and added to the City's
third -party liability insurance program.
12.1.e Dangerous Dog Designation Appeal - Johnson, COR -2023-124
That the decision of the Dog Designation Appeal Committee
regarding an appeal filed by D. Johnson, wherein the Committee
affirms the Dangerous Dog Designation applied to the dog `Misty' by
the Humane Society of Kitchener -Waterloo and Stratford Perth, be
ratified and confirmed with modified conditions.
12.1.f City of Kitchener Municipal Housing Pledge, DSD -2023-063
(Staff will provide a 5 minute presentation on this matter)
:m
:•
93
Page 9 of 137
13
14
15.
That the Municipal Housing Pledge attached as Attachment "B" to
report DSD -2023-063 titled "City of Kitchener Municipal Housing
Pledge" be submitted to the Province as the City of Kitchener's
Municipal Housing Pledge.
12.2 FOR INFORMATION
12.2.a 2022 Year End Variance, FIN -2023-127 109
12.2.b Council Remuneration 2022, FIN -2023-129 128
REPORT OF THE COMMITTEE OF THE WHOLE
BY-LAWS
14.1 3RD READING
14.1.a Being a by-law to amend Chapter 110 of The City of Kitchener
Municipal Code regarding By-law Enforcement.
14.1.b 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.c To further amend By-law No. 2010-190, being a by-law to prohibit
unauthorized parking of motor vehicles on private property.
14.1.d 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.e Being a by-law to further amend By-law 2019-113, to regulate traffic
and parking on highways under the jurisdiction of the City of
Kitchener
14.1.f To confirm all actions and proceedings of the Council for March 20,
2023.
ADJOURNMENT
Page 10 of 137
The Uwwisljs of Ai rk'-A.dlture is
,
defined by Statistics Canada as
providing "a statistical portrait of
Canada's agriculture industry and
its farm operators and families"
Fairiii oj)eirafloris
In 2016, there were 1,374 farms
headquartered in Waterloo, Region,
covering 214,975 acres of land. Compared
to 2011, there were increases to the
number of farms in Cambridge, Kitchener -
Waterloo, and Wilmot Township, totalling
59 additional farrns. Overall, there were
1: 5 fewer farms (one per cent) compared
to; 2011, and a decrease of 6,112 acres,
of farmland associated with farms
headqUartered in the region- This one
m cent rlmprnavn of farms iii M1ntr.3r1r%n
Statistics Canada assigns all data for an agiricultural operation to the
geograp,hic area where the farm headquarters are located, regardless of the
actual location of land being farmed. As a reSUlt, the data could include land
located outside Waterloo, Region, Conversely, land farmed in Waterloo Region
may be reported with a farm headquarters located outside the region.
I
Region was considerably lower than the
decreases at both the provincial level
(five per cent of farms) and the national
level (six per cent of farms) and may be
attributed to farmconsolidation.
In 2016, there were
Ajoill
jilill r�3 U1 7`4
farnis headquarterecl in
Watei'loo IIIIieitoil coveriing
AM in Aft Alm Mom 1110101010111P
Table 1: Total number of farms reported for Waterloo Region and its municipalities, 2006-2016
Cambridge
31
21
42
21
100%
Kitchener -Waterloo*
35
16
33
17
106%
North Dumfries
117
124
108
-16
-13%
Wellesley
518
502
486
-16
-3%
Wilmot
247
234
255
21
9%
Woolwich
496
492 ...............
450
-42
_9%
Ontario
57,211
51,950
49,600
-2,350
-5%
Canada
229,373
205,730
193,492
-12,238
-6%
*T6 ensure confidentiality data for the small numbef of farms located in the City of Walerloo and the, City of Kitchener have bean combined
Source: Statistics Canada, Census of Agriculture, 2006-20'16
The average size of farms headquartered in Waterloo Region
was 156 acres, considerably smaller than the average size in
both Ontario (249 acres) and Canada (820 acres►. On average, the
smallest farms were located in Kitchener -Waterloo. Similar to
2011, roughly one in three farms headquartered in the region were
between 70 and 129 acres, most of which were in Woolwich or
Wellesley (Figure 1).
In 2016, the average age of farm operators was younger in
Waterloo Region than the averages for both Ontario and Canada.
Of the 1,985 farm operators across the region, the average age
was 49.5 years old, much younger than Ontario's average age
of 55.3 years. The average age of farm operators did increase
IFiiguir 1„ Slize of Minims iiiru Waterloo IR giioin, 20111,,,,20116
from 48.4 years as reported in 2011. The amount of time farm
operators spent working on farms has also decreased steadily
over the last 10 years. While in 2006, 51 per cent of farm
operators spent 40 hours or more per week working on their
farms, in 2016, this number had dropped to 42 per cent.
The mttmlllm i tm "'tr III''all.°Illtt °mit tlll°tufr�lll°,
in VVaterloo Ill iiiiiiii
-.4f Region was ° "I1111111119
�������� IIIIl'Vi�lll"III�''�sm� a1mW��ti i�6
much younger than
of I ears
Source: Statistics Canada, Census of Agriculture, 2011 and 2016
giriicm.mllll m,rm-al 4ind airer
In 2016, 74 per cent of agricultural land in Waterloo Region
was used for crops; for example, field crops, hay, fruits, field
vegetables, and sod or nursery crops (Figure 2►. The remaining
proportion of agricultural land was used for pasture or was
classified as 'other lands' including woodlands and wetlands.
For the most part, agricultural land use in the region has
remained unchanged from the 2011 Census period. In comparison
to Ontario, Waterloo Region used a greater percentage of
agricultural land for croplands than Ontario, which used 65 per
cent of its total agricultural land for crops.
Livestodk mmaui m°iu,, wm.: m°iun°m,lr
Similar to 2011, the majority of farms headquartered in Waterloo
Region in 2016 were livestock farms, which made up 69 per cent
of all farms (Table 2). Of these, cattle farms, which included
dairy farms, were by far the most prevalent and comprised 40
per cent of all farms in the region. While the numbers of all
other livestock farms declined between 2011 and 2016, the
number of cattle farms actually increased by nine per cent or by
45 farms over these five years.
By far, the most widespread crop farms in the region were oilseed
Source: Statistics Canada, Census of Agriculture 2016
and grain farms, which comprised 256 farms or 19 per cent of all
farms. This farm type, along with 'other crop' farms, both saw
increases between the 2011 and 2016 Census periods. Oilseed and
grain farms increased by 17 farms (seven percent) between 2011
and 2016, and 'other crop' farms, which included hay farms, maple
syrup production, as well as combination farms, had increased by
12 per cent (12 farms) over this five year period. The number of
vegetable farms, fruit and tree nut farms, as well as greenhouses,
nursery and floriculture production farms represented only about farms or 12.5 per cent from the 2011 Census year. A further 48
five per cent of local farms, and all decreased over this span. farms sold uncertified organic products and six farms were in
Although organic farms made up a very small percentage of the
total number of farms, the numbers of these farms did increase
between 2011 and
In 2016, III
larm, 2016. In 2016, 45
soldcertified farms sold certified
migaiflic piroduct s organic products,
r
an increase of five
Cattle ranching and farming
Poultry and egg production
Sheep and goat farming
Other animal production
Oilseed and grain farming
Vegetable and melon farming
Fruit and tree nut farming
Greenhouse, nursery and floriculture production
Other crop farming
Source: Statistics Canada, Census of Agriculture, 2011 and 2016
Rema Alla erieii- gy
In Waterloo Region in 2016, 148 farms used some form of renewable
energy producing systems, totalling 11 per cent of all farms. This
proportion is comparable to Ontario, where 10 per cent of farms used
renewable energy. In fact, at both the provincial and regional levels,
a significantly higher proportion of farms used renewable energy
producing systems compared to Canada as a whole where only five
per cent of farms did. By far the most common type of renewable
energy systems used on farms headquartered in Waterloo Region
were solar panels, which accounted for 91 per cent of these systems
(Figure 3). After solar panels, wind turbines made up seven per cent
of the renewable energy systems on farms and were present on 11
farms in the region. This is a somewhat smaller proportion compared
to the provincial level,
11 in 10,fairms in the region where wind turbines
used iivAlit ewaIble euimirgy comprised 16 per cent
producing sys,Wiris in 2016. of the renewable
hil1111111 i, I'll", - energy systems on
41 Alit ��
fllI I I 11� Fr, ("iliFf"kii" 1111110(� li� farms. In Waterloo
e-, 0,
Region, other
A
//,iiiA�i' renewable energy
the process of adopting practices in order to comply with organic
farming standards.
Cattle fainins
made up
411, out Of 11110.farins ir
"g
(�
the region (11111f viiiiii '1111101r
lk�
systems, such as anaerobic bio -digesters used to produce fuel, were
used on four farms.
2016 was the first year that Census data was
collected on farms' renewable energy producing
systems
Figure 3: Renewable energy systerns on fermis in
Waterloo Region, 2016
Source: Statistics Canada, Census of Agriculture 2016
Fai-iri btAsiii ess
One In four farms headquartered in
Waterloo Region sold their products
directly to consumers. This rate was
higher than the provincial average where
approximately one in seven farms sold
their products in this way. Of these farms
In Waterloo Region, the rnajority (324
farms), used farm gate sales, stands, Kiosks
or U -pick to sell their products. Forty-nine
farms also sold their products at farmers'
markets and 11 farms sold farm shares
In 2015, ginims far,ri,ii
receipts in
Waterloo Region totalled
Inum �
6$[ AP &
1111:)3.61million,
a$90.7miflion
inicrease comipaired
i%ii ii
to 2�01 0.
to community mernbers who iiin return
received a portion of the farm's harvested
crops. The high number of regional farms
selling their products directly to consumers
may In part be a reflection of the
prevalence of smaller, family -run farms in
this area as well as many regional farms'
proximity to urban centres.
In 2015, farrris in Waterloo Region
generated significant revenue through
the sale of agricultural commodities
as well as through farm subsidies
I'his revenue, referred to, as gross
farm receipts, totalled $563.6 million
in 2015 and represented an overall
increase of $901.7 million from 20101
(Table 3). Over thus period, farmers also
sperit significant funds operating their
businesses. Between 20110 and 2015,
the total expenses of farms in Waterloo
Region increased by $93 million, totalling
Table I IFarin receiis and exsenses coir' Waterloo Region, 2010-20115
Cambridge
3.5
16.0
12.5
3.5
14.8
11.3
Kitchener -Waterloo
118
9.0
-4.8
1H
5.9
-6.0
North Durnfries
663
34 5
-32.2
59.5
293
-30.3
Wellesley
128.9
177.1
48.3
108.8
1583
49.9
Wilmot
110.5
1393
29.2
94,3
120.0
25.6
Woolwich
149.5
187.3
37,8
112.0
154.4
42.5
Source: Statistics Canada, Census of Agriculture 2016
For further information please contact:
N*I
Region of Waterloo
Planning Research and Analytics
Alternate formats of this document are available
338
farms in the
region sold
["Irodull (As
direcAly,Ito
(,.,, o t'is u ili,ii e r's.
$483 million. The expense -to -receipt
ratio was 0.86 in 201115, which represents
the average amount spent on operating
expenses for every dollar in farm
receipts.
Agriculture at a Glance
AS OF 2021
Local Farm Sales
/11"""2*2*
sell farm
products directly
to the
consumer: i
Local Snapshot
Waterloo Region
CENSUS DIVISION
Illi �rr�
11
farms operate a CSA
(Community Supported Agriculture)
Economic Contributions in 2021
Local Impact
The local agri-food sector
employed 33,390 people
through 4,152 local agri-food
business establishments
t'
�I�ipNuuuumouuoiom�oumo0�jpp000m
41 farms sell 243 farms sell directly from their
at farmers' markets farm, at stands, or pick -your -own
Farm Cash Receipts
Cattle
Dairy
Grains & Oilseeds
Across the Province
Farm cash receipts
generated by local farms
supported $1.4 billion
in GDP and 21,450
employees in the agri-food
sector from farm to fork
across Ontario
Ontario
Federation of j / / ,,,,
Agriculture Waterloo Federation of Agriculture
% !%
Source: Ontario Ministry of Agriculture, Food and Rural Affairs (2021) County Profiles.
Staff Report
J
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: March 20, 2023
SUBMITTED BY: Garett Stevenson, Interim Director, Planning, 519-741-2200
ext. 7070
PREPARED BY: Garett Stevenson, Interim Director, Planning, 519-741-2200
ext. 7070
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: March 13, 2023
REPORT NO.: DSD -2023-136
SUBJECT: Follow Up to DSD -2022-478, DSD -2023-062, DSD -2023-085 Official
Plan Amendment OP17/003/F/GS Zoning By-law Amendment
ZC17/010/F/GS Henry Walser Funeral Home Ltd, Leeann Marie
Walser, Henry James Walser and 2544770 Ontario Inc.
RECOMMENDATION:
Option 1 (original proposal)
That Official Plan Amendment Application OP17/003/F/GS for Henry Walser Funeral
Home Ltd, Leeann Marie Walser, Henry James Walser and 2544770 Ontario Inc.
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 Report DSD -2023-085 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 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 -2023-085 as Appendix
`A'; and
That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended,
further notice is not required to be given in respect to Zoning By-law Amendment
ZC17/010/F/GS, and
That Council give approval under Section 83(3) of the Funeral, Burial and Cremation
Services Act, to establish a Crematorium proposed at 507 Frederick Street; and
further,
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 16 of 137
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.
Option 2 (removes 48 Becker Street from the application)
That Official Plan Amendment Application OP17/003/F/GS for Henry Walser Funeral
Home Ltd, Leeann Marie Walser, Henry James Walser and 2544770 Ontario Inc.
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 Report DSD -2023-085 as Appendix
`B', 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 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 -2023-085 as Appendix
`B'; and
That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended,
further notice is not required to be given in respect to Zoning By-law Amendment
ZC17/010/F/GS, and
That Council give approval under Section 83(3) of the 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.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide additional information requested by Council and
to consider additional options regarding the Official Plan Amendment and Zoning By-
law Amendment applications for Henry Walser Funeral Home.
• Staff have prepared two options for Council to consider
o the original proposal, and
o a new second option that proposes to remove 48 Becker Street from the limit of
the development application and maintain existing residential permissions for
those lands.
• This report supports the delivery of core services.
BACKGROUND:
Page 17 of 137
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:
- explore the use of Becker Street for parking,
- look at options for lands owned by the Ministry of Transportation addressed as 61
Becker Street,
- review reduced on-site minimum parking rates,
- explore the potential sale of Becker Street (public right-of-way) and acquisition of
dwellings addressed as 40, 44, and 48 Becker Street,
- review the potential redesign of the proposed funeral home building addition, and
- consider removing 40, 44, and/or 48 Becker Street from the redevelopment proposal.
The Applicant, the Owner, and staff needed additional time to explore the options noted
above and as a result, consideration of the matter was further deferred at the request of the
Applicant to the February 27, 2023 meeting of Kitchener City Council. A further deferral was
request and approved by Council to consider these applications at the March 20, 2023
Council meeting.
The Applicant has now proposed an alternative housing arrangement for the potentially
displaced residents living at 40 and 44 Becker Street - offering an opportunity for each
household to move into a vacant residential unit at 127 Ann Street or 48 Becker Street.
Planning staff have prepared a revised Official Plan Amendment and Zoning By-law
Amendment, which are outlined in the Option 2 section below.
REPORT:
Staff and the Applicant have considered the requests outlined for Council to consider as
discussed below:
Use of Becker Street for Pa
Staff met with the Ministry of Transportation (MTO) regarding the potential closure and sale
of Becker Street to Henry Walser Funeral Home for the use of parking and also discussed
this consideration with City of Kitchener Transportation and Reality Services staff. Currently,
unrelated to the Official Plan amendment application, MTO is in the process of preparing
working drawings for the reconstruction of Becker Street. At this time, based on preliminary
design and at the request of City staff, design drawings include a publicly owned sidewalk
between the highway and the funeral home building. This would maintain the existing
pedestrian connection from the neighbourhood to Frederick Street. The final design
drawings and the date for the reconstruction of the Frederick Street bridge is not known at
this time.
Staff will further explore the potential for overflow and staff parking along Becker Street
through the site plan review process, with a specific focus on the triangle shaped parcel
west of Becker Street.
The Applicant has advised that supplying parking on the west side of Becker Street (on the
triangle shaped piece of property) for patrons and customers does not align with their
business needs, but would be a workable solution for staff parking. The preference is to
Page 18 of 137
provide on-site parking within immediate proximity of the funeral home to prevent creating
any mobility challenges by funeral home customers and visitors. However, by relocating
staff parking, the on-site parking demand can be reduced, freeing up spaces in the proposed
parking lots for funeral home customers and visitors.
61 Becker Street
Council had directed staff to discuss options with the owner of 61 Becker Street; the Ministry
of Transportation (MTO); for the use of 61 Becker Street for the purposes of affordable
housing or off-site parking for the funeral home. Staff met with MTO who confirmed that 61
Becker Street is required for construction staging and MTO is not able to consider disposition
options at this time. The timing of the Frederick Street bridge is not finalized and subject to
change, and as such, MTO could not confirm when future consideration of these lands may
be explored further.
Reduce On-site Parkinq Rates
Planning and Transportation staff reviewed the proposed on-site parking rate and are not
recommending a further reduction. Currently (since the 2013 parking lot expansion), there
are approximately 113 parking spaces provided. Based on the total floor area, parking is
provided at a rate of 1 space per 13.8 square metres, and is generally used near capacity
when the funeral home is in full operation. To meet customer parking demand, staff parking
is currently informally accommodated at the end of Becker Street and in the gravel parking
lot on the west side of Becker Street. Once Becker Street is rebuilt, that staff parking will
have to be accommodated in a formal parking lot, either on-site, or on the west side of
Becker Street.
The proposed parking rate is 1 space per 24.5 square metres of floor area (a reduction from
1 space per 23 square metres of floor area in the Zoning By-law). The on-site parking is
proposed to increase from 113 spaces to approximately 133 (approximately 121 on site
spaces and approximately 12 off-site spaces), representing an increase of 17%. The
building floor area is proposed to increase from 1568 square metres to 3050 square metres
(including all additions and useable floor area), an increase of 94%. The proposed parking
rate is a reduction based on current operations; operations which already rely on the lands
west of Becker Street for staff parking. It is anticipated that a further reduction would result
in on -street parking within the existing surrounding neighbourhood, and would result in other
parking and traffic safety concerns.
Sale of Becker Street
The redesign of Becker Street by MTO is planned to include a public sidewalk from Fife
Avenue to Frederick Street. The City should maintain ownership of the right-of-way to ensure
a sidewalk can be provided and maintained appropriately. Further, as outlined in Option 2,
should 48 Becker Street remain for residential use, that would be an independent property
that would require frontage onto a public street, as well as servicing within the Becker Street
right-of-way. As a result, staff are not recommending the sale of Becker Street.
City Acquisition of 40, 44, and 48 Becker Street
Page 19 of 137
After a high-level cursory review, Staff are not recommending that the City pursue
consideration for the purchase 40, 44 or 48 Becker Street. Staff recommend continuing with
a more comprehensive approach for the strategic acquisition of land for publicly owned
affordable housing, potentially with a housing partner at a larger scale in a more compact
housing form. Option 2 retains 48 Becker Street as a residential property, which is required
to have frontage and access to a public street to comply with the Zoning By-law and
Development Manual.
Redesign of the Proposed Funeral Home
The applicant has advised that a one storey funeral home design is desired with all customer
serving areas and funeral home service areas on the main floor. The applicant has also
advised that a barrier -free main floor is desirable to reduce mobility challenges potentially
faced by customers and visitors. Further, due to the volume of customers and visitors to the
funeral home at peak times (as an example at the beginning of a scheduled service), the
Owner advised that relying on an elevator for larger groups could cause delay for services
and create an additional barrier and frustration for customers and visitors.
Option 2
In discussions with the Applicant, Planning staff have prepared a second option which
proposes to maintain existing land use permissions for the property addressed as 48 Becker
Street.
Staff have been advised that the Owner has offered the tenants at 40 and 44 Becker Street,
who would be displaced with this proposal, an opportunity to move into a residential unit at
127 Ann Street or 48 Becker Street. Staff have been advised that there are two upcoming
vacancies at 48 Becker Street, and one upcoming vacancy at 127 Ann Street, where tenants
have initiated the termination of their lease. The Owner is proposing to offer the three
displaced households the first opportunity to move to one of the units at 48 Becker Street
and 127 Ann Street. The Owner has also advised that they have reconsidered their
construction schedule to maintain the residential units at 40 and 44 Becker Street until such
time as the units within 48 Becker Street and 127 Ann Street can be occupied by the
displaced households.
This second option does see an overall supply decrease of 5 residential units but provides
a housing option for the displaced residents should they wish to move to 48 Becker Street
or 127 Ann Street.
Arrangements to relocate and move existing tenants, as well as rent rates, cannot be
regulated by the City and would be a matter between the Owner and the tenants through
their lease discussions. Disputes would be resolved through the Landlord and Tenant Board.
Staff have prepared a revised Official Plan Amendment and Zoning By-law Amendment,
attached as Appendix B, which removes 48 Becker Street from the development
applications, therefore retaining existing residential permissions. No changes are required
to the land use permission for 127 Ann Street.
Updated Planning Instruments and Recommendations
Page 20 of 137
In March 2022, Council passed Zoning By-law 2022-040 which had the effect of amending
the City's comprehensive zoning by-law, Zoning By-law 2019-051 (CRoZBy), to add seven
new residential zones (RES -1 through RES -7) which was subsequently appealed. The
appellant formally withdrew their appeal on January 11, 2023 and as such, the By-law 2019-
051 as amended by By-law 2022-040 is now in effect, as approved by Council. The Official
Plan Amendments and amending Zoning by-laws attached as Appendix A (original
proposal) and Appendix B (Option 2) have been updated to remove reference to the appeal.
The by-laws were also updated to amend current zoning and site specific provision
numbering.
Planning staff have prepared two options for Council to consider on these applications.
Attached as Appendix A is the original proposal (with minor zone category and numbering
changes noted above) presented to the Planning and Strategic Initiatives Meeting on
January 9, 2023.
A second option is attached as Appendix B which maintains residential land use permissions
for 48 Becker Street. The Official Plan Amendment would no longer apply to 48 Becker
Street and the lands would remain designated as Low Rise Residential and the zoning would
remain as Rise Residential Four Zone (RES -4).
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
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:
INFORM — This report has been posted to the City's website with the agenda in advance of
the council meeting. Notice of the deferral 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
• DSD -2023-085, Second Follow Up report regarding Official Plan Amendment
OP17/003/F/GS application and Zoning By-law Amendment ZC17/010/F/GS
application
APPROVED BY: Justin Readman, General Manager, Development Services
Page 21 of 137
ATTACHMENTS:
Attachment A — Option 1 (Official Plan Amendment and Zoning By-law Amendment)
Attachment B — Option 2 (Official Plan Amendment and Zoning By-law Amendment)
Page 22 of 137
AMENDMENT NO. _ TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
507 Frederick Street, 40, 44, 48 Becker Street &
Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1
Page 23 of 137
AMENDMENT NO. TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
507 Frederick Street, 40, 44, 48 Becker Street &
Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1
INDEX
SECTION 1 TITLE AND COMPONENTS
SECTION 2 PURPOSE OF THE AMENDMENT
SECTION 3 BASIS OF THE AMENDMENT
SECTION 4 THE AMENDMENT
APPENDICES
APPENDIX 1 Notice of the Meeting of Planning & Strategic Initiatives
Committee of January 9, 2023
APPENDIX 2 Minutes of the Meeting of Planning & Strategic Initiatives
Committee of January 9, 2023
APPENDIX 3
Minutes of the Meeting of City Council of January 30, 2023
APPENDIX 4
Minutes of the Meeting of City Council of February 27, 2023
APPENDIX 5
Minutes of the Meeting of City Council of March 20, 2023
2
Page 24 of 137
AMENDMENT NO. _ TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
SECTION 1 — TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. xx to the Official Plan of the City of Kitchener
(2014). This amendment is comprised of Sections 1 to 4 inclusive.
SECTION 2 — PURPOSE OF THE AMENDMENT
The purpose of the Official Plan Amendment is to change the land use designation on Map 3 for
properties located on Becker Street, which are proposed to be added to the lands containing an
existing funeral home, and to add a new site-specific policy area to Section 5.D.12 and amend Map
5 to permit one crematorium/cremator unit as a permitted accessory use to a funeral home.
The purpose of the Official Plan Amendment is to amend:
• Map 3 is amended by changing the land use designation of 40, 44, and 48 Becker Street,
as well as the triangle -shaped portion of land west of Becker Street and north of Fife
Avenue, legally described as Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1 from `Low
Rise Residential' to `Commercial'.
• Map 5 is amended by adding Specific Policy Area 58 to 507 Frederick Street, 40, 44, and
48 Becker Street, as well as the triangle -shaped portion of land west of Becker Street and
north of Fife Avenue, legally described as Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1,
to permit a crematorium/cremator use on all lands.
• Adding Policy 15.D.12.58 to Section 15.D.12 to permit one crematorium/cremator unit as a
permitted accessory use to a funeral home:
SECTION 3 — BASIS OF THE AMENDMENT
Planning Analysis:
Provincial, Regional, and City planning policy provide guidance that must be considered when
evaluating changes in land use permissions as discussed below.
Planning Act, R.S.O. 1990, c. P.13 25.
Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister,
the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their
responsibilities under this Act, shall have regard to, among other matters, matters of provincial
interest such as:
f) The adequate provision and efficient use of communication, transportation, sewage
and water services and waste management systems;
g) The minimization of waste;
h) The orderly development of safe and healthy communities;
j) The adequate provision of employment opportunities;
p) The appropriate location of growth and development;
Page 25 of 137
q) The promotion of development that is designed to be sustainable, to support public
transit and to be oriented to pedestrians;
r) The promotion of built form that,
(i) Is well-designed,
(ii) Encourages a sense of place, and
(iii) Provides for public spaces that are of high quality, safe, accessible, attractive
and vibrant;
s) The mitigation of greenhouse gas emissions and adaptation to a changing climate.
These matters of provincial interest are addressed and are implemented through the Provincial
Policy Statement, 2020, as it directs how and where development is to occur. The City's Official
Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020
and to ensure Provincial policy is adhered to.
Provincial Policy Statement (PPS)
The PPS provides policy direction on matters of provincial interest related to land use planning
and development. As a key part of Ontario's policy -led planning system, the Provincial Policy
Statement sets the policy foundation for regulating the development and use of land.
Section 3(5) of the Planning Act requires that a decision of the council of a municipality shall be
consistent with the policy statement that are in effect on the date of decision and shall conform
with the provincial plans that are in effect on that date, or shall not conflict with them, as the case
may be.
The PPS focuses growth and development within urban and rural settlement areas while
supporting the viability of rural areas. Land use must be carefully managed to accommodate
appropriate development to meet the full range of current and future needs, while achieving
efficient development patterns and avoiding significant or sensitive resources and areas which
may pose a risk to public health and safety.
Efficient development patterns optimize the use of land, resources and public investment in
infrastructure and public service facilities. These land use patterns promote a mix of housing,
including affordable housing, employment, recreation, parks and open spaces, and transportation
choices that increase the use of active transportation and transit before other modes of travel.
Policy 1.1.1 of the PPS states that, "Healthy, liveable and safe communities are sustained by:
a) promoting efficient development and land use patterns which sustain the financial well-
being of the Province and municipalities over the long term;
c) avoiding development and land use patterns which may cause environmental or public
health and safety concerns;
e) promoting the integration of land use planning, growth management, transit -supportive
development, intensification and infrastructure planning to achieve cost-effective
development patterns, optimization of transit investments, and standards to minimize
land consumption and servicing costs; and
g) ensuring that necessary infrastructure and public service facilities are or will be
available to meet current and projected needs.
The PPS notes that settlement areas are urban areas and rural settlement areas, and include
cities, towns, villages and hamlets, and policy 1.1.3.1 states that settlement areas shall be the
focus of growth and development. Policy 1.1.3.2 states that land use patterns within settlement
areas shall be based on densities and a mix of land uses which;
4
Page 26 of 137
a) efficiently use land and resources; and
b) are appropriate for, and efficiently use, the infrastructure and public service facilities
which are planned or available and avoid the need for their unjustified and/or
uneconomical expansion.
Policy 1.2.6.1 notes that major facilities and sensitive land uses shall be planned and developed
to avoid, or if avoidance is not possible, minimize and mitigate any potential adverse effects from
odour, noise and other contaminants, minimize risk to public health and safety, and to ensure the
long-term operational and economic viability of major facilities in accordance with provincial
guidelines, standards and procedures.
Where avoidance is not possible in accordance with policy 1.2.6.1, planning authorities shall
protect the long-term viability of existing or planned industrial, manufacturing or other uses that
are vulnerable to encroachment by ensuring that the planning and development of proposed
adjacent sensitive land uses are only permitted if the following are demonstrated in accordance
with provincial guidelines, standards and procedures:
a) there is an identified need for the proposed use;
b) alternative locations for the proposed use have been evaluated and there are no
reasonable alternative locations;
c) adverse effects to the proposed sensitive land use are minimized and mitigated; and
d) potential impacts to industrial, manufacturing or other uses are minimized and
mitigated.
Funeral homes and crematoriums are necessary uses in a City to ensure that end of life
accommodations for residents can be addressed. The Owner has indicated that the use of the
cremation facility, located at Williamsburg Cemetery, does not suit their future needs, and a new
facility is required. An on-site facility is desirable to reduce the number of trips required to complete
an end of life service. An on-site facility will reduce vehicle trips across the City.
The Owner has completed several studies, including a Land Use Compatibility Study, Emission
Summary and Dispersion Modelling (ESDM) Report, and an Acoustic Assessment Report, which
were submitted to the City and the Region of Waterloo to demonstrate that their proposed
crematorium will meet Provincial standards and that there will be no adverse impacts to
surrounding lands.
As a Zoning By-law amendment application is required to add a crematorium use, the City and
the Region of Waterloo were able to undertake the review of the crematorium proposal through
the planning application public process. The City retained RWDI Consultants to peer review the
reports submitted by Trinity Consultants on behalf of the Owner. As confirmed through the peer
review process, the proposed mitigation will include:
- A requirement for the installation and maintenance of two 3 metre high noise walls
adjacent to 133 Ann Street,
- Site specific zoning regulations limiting the site to one cremator that is 56 metres from a
residential property,
- Enhanced landscape materials along the rear yards of Ann Street to provide additional
screening,
- Periodic air quality testing of the cremation unit to ensure it operates optimally and in
compliance with the MECP Environmental Compliance Approval (ECA), and
- A 1.2 metre high parapet atop the roof along the perimeter of the building to provide noise
attenuation to rooftop mechanical equipment.
Planning staff is of the opinion that with the proposed mitigations listed above, the recommended
zoning by-law amendment and Site Specific Provision (357) is consistent with the PPS.
Page 27 of 137
A Place to Grow: Growth Plan for the Greater Golden Horseshoe (Growth Plan)
The Growth Plan's strong emphasis on optimizing the use of the existing urban land supply
represents an intensification first approach to development and city -building, one which focuses
on making better use of existing infrastructure and public service facilities, and less on
continuously expanding the urban area.
The Growth Plan directs Planning authorities in the Region of Waterloo to plan for a population of
923,000 people and 470,000 jobs by 2051. This would mean a population increase of
approximately 299,070 in comparison to the Region's 2020 population of 623,930.
The Growth Plan notes that complete communities should be designed to meet people's needs
for daily living throughout an entire lifetime by providing convenient access to an appropriate mix
of jobs, local services, public service facilities, and a full range of housing to accommodate a
range of incomes and household sizes. Complete communities support quality of life and human
health by encouraging the use of active transportation and providing high quality public open
space, adequate parkland, opportunities for recreation, and access to local and healthy food.
Complete communities support climate change mitigation by increasing the modal share for
transit and active transportation and by minimizing land consumption through building compact,
mixed-use communities.
Building compact and complete communities, and protecting agricultural lands, water resources
and natural areas will help reduce greenhouse gas emissions and ensure communities are more
resilient to the impacts of a changing climate. The Province of Ontario has committed to reduce
greenhouse gas emissions by 30 per cent below 2005 levels by 2030. Kitchener has committed
to a 50% reduction of greenhouse gas emissions by 2030.
Policies 2.2.1.4 states that complete communities will:
a) feature a diverse mix of land uses, including residential and employment uses, and
convenient access to local stores, services, and public service facilities;
b) improve social equity and overall quality of life, including human health, for people of
all ages, abilities, and incomes;
c) provide a diverse range and mix of housing options, including additional residential
units and affordable housing, to accommodate people at all stages of life, and to
accommodate the needs of all household sizes and incomes;
d) expand convenient access to:
i. a range of transportation options, including options for the safe, comfortable and
convenient use of active transportation;
ii. public service facilities, co -located and integrated in community hubs;
iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails, and
other recreational facilities; and
iv. healthy, local, and affordable food options, including through urban agriculture;
e) provide for a more compact built form and a vibrant public realm, including public open
spaces;
f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce
greenhouse gas emissions, and contribute to environmental sustainability
g) integrate green infrastructure and appropriate low impact development.
Expanding the existing funeral home within the Community Node will allow for additional end of
life services at the existing location. Funeral homes and crematoriums are required for end of life
services for the growing population of the City and Region. Expanding the existing building with
a modest building addition will reduce the total amount of construction materials required for a
Page 28 of 137
new facility located elsewhere. The subject lands have good access to the transportation network,
including public transit and the road network, including the expressway. Planning staff are of the
opinion that the recommended zoning by-law amendment conforms to the Growth Plan.
Regional Official Plan (ROP)
On August 18, 2022, the Regional Municipality of Waterloo adopted Regional Official Plan (ROP)
Amendment 6. The ROP Amendment No. 6 is now before the Minister of Municipal Affairs and
Housing for a decision in accordance with Sections 17 and 26 of the Planning Act. As such, ROP
Amendment No. 6 is now posted on the Province's Environmental Registry (ERO) website, and
comments from the public will be accepted until January 4, 2023.
The subject lands are designated "Urban Area" and "Built -Up Area" in the Regional Official Plan
(ROP). The Urban Area designation of the ROP has the physical infrastructure and community
infrastructure to support major growth and social and public health services.
A key objective of ROP Amendment No. 6 is to accommodate forecasted growth by building 15 -
minute neighbourhoods. These are compact, well-connected places where people can meet their
daily needs for goods, services, and employment within a 15 -minute trip from home by walking,
cycling, and rolling, and where other needs can be met by using direct, frequent, and convenient
transit. F
Section 2.D.1 of the ROP states that in preparing or reviewing planning studies, or in reviewing
development applications or site plans, the Region and/or Area Municipalities will ensure that
development occurring within the Urban Area is planned and developed in a manner that:
a) Supports the Planned Community Structure described in this Plan;
b) Is serviced by a municipal drinking -water supply system and a municipal waste -water
system;
c) Contributes to the creation of complete communities with development patterns,
densities and an appropriate mix of land uses that supports walking, cycling and the
use of transit;
d) Protects the natural environment, and surface water and groundwater resources;
e) Conserves cultural heritage resources and supports the adaptive reuse of historic
buildings;
f) Respects the scale, physical character and context of established neighbourhoods in
areas where reurbanization is planned to occur;
g) Facilitates residents' access to locally grown and other healthy foods in
neighbourhoods; and
h) Promotes building designs and orientations that incorporate energy conservation
features and the use of alternative and/or renewable energy systems.
Section 2.D.6.1 of ROP Amendment No. 6 states that in addition to the general development
policies, the Region and the area municipalities will apply the following transit supportive
development criteria in reviewing and evaluating development applications or site plans, within
strategic growth areas and other intensification areas identified by the area municipality:
(a) creates an interconnected, multimodal street pattern that prioritizes walking, cycling,
and rolling, and taking transit over automobile trips, and supports vibrant mixed-use
developments;
(b) supports a more compact built form that locates the majority of transit supportive uses
within a comfortable walking distance of a transit stop or Major Transit Station Area;
(c) provides an appropriate mix of land uses, including a range of food destinations, local
services and amenities to meet peoples' daily needs for living;
Page 29 of 137
(d) promotes medium and higher -density development as close as possible to the transit
stop to support higher frequency transit service and optimize transit rider convenience;
(e) supports a high quality public realm to enhance the identity of the area and create
gathering points for social interaction, community events and other activities; and
(f) provides access from various transportation modes to the transit facility, including
consideration of pedestrian, bicycle parking, and where applicable, passenger transfer
and commuter pick-up/drop off areas.
Section 2.G.10 of the Regional Official Plan requires the City of Kitchener to establish policies
within their Official Plan to minimize the impact of Sensitive Land Uses and potential incompatible
land uses from each other.
Section 2.1.1 of ROP Amendment No. 6 requires the Region and the area municipalities to ensure
that major facilities and sensitive land uses are planned and developed to avoid, or if avoidance
is not possible, minimize and mitigate any potential adverse effects from odour, noise and other
contaminants, minimize risk to public health and safety, and to ensure the long-term operational
and economic viability of major facilities in accordance with Provincial guidelines, standards and
procedures. Section 2.1.1.2 outlines the same criteria in the PPS above to determine where
avoidance is not possible.
Regional staff recommended prohibiting new sensitive uses until such time that a record of site
condition is completed and acknowledged by the Minister. This provision is included in the site-
specific zoning proposed by Planning staff with this application.
Planning staff is of the opinion that the applications conform to the Region of Waterloo Official
Plan. Regional staff have no concerns with the peer review undertaken by RWDI for the proposed
installation of a Facultative FT -III cremator on the subject lands, subject to the mitigation criteria
outlined above in the PPS section of this report.
Regional Planning staff have no objections to the proposed applications and provided comments
(Appendix E) that will be taken under advisement for future development applications.
City of Kitchener Official Plan
The vision of the City's Official Plan states "Together we will build an innovative, vibrant, attractive,
safe, complete and healthy community contributing to an exceptional quality of life." A complete
community creates and provides access to a mix of land uses including a full range and mix of
housing types. A complete community also supports the use of public transit and active
transportation, enabling residents to meet most of their daily needs within a short distance of their
homes. Planning for a complete community will aid in reducing the cost of infrastructure and
servicing, encourage the use of public transit and active modes of transportation, promote social
interaction, and foster a sense of community.
Urban Structure
The City's Urban Structure is composed of Intensification Areas which include the Urban Growth
Centre (Downtown), Major Transit Station Areas (MTSA), City Nodes, Community Nodes,
Neighbourhood Nodes, Urban Corridors and Arterial Corridors. They are connected by transit
corridors and the integrated transportation system which are key elements in shaping growth and
built form in the city. Policy 3.C.2.1 states that lands within Urban Structure Components will be
designated an appropriate land use to achieve their planned function. The policies pertaining to
Page 30 of 137
each Urban Structure component stipulate what the applicable land use designations may
include.
The lands are identified as a Community Node and Community Area in the Official Plan.
Community Nodes are located along existing or planned transit corridors. The planned function
of Community Nodes is to provide for commercial uses with a mix of residential and institutional
uses necessary to support and complete surrounding residential communities. Community Nodes
primarily serve an inter -neighbourhood market and are intended to intensify, be transit -supportive
and cycling and pedestrian -friendly.
Commercial Land Use Desianation
Lands designated as `Commercial' are intended to provide for a range of retail and service
commercial uses that cater primarily to the weekly and daily needs of residents within the
surrounding neighbourhoods. A funeral home is a permitted use for lands designated as
Commercial within a Community Node.
Noise, Vibration, Light and Other Emissions
An objective in the Official Plan is to minimize and mitigate land use conflicts between sensitive
land uses, and noise, vibration and emission sources in accordance with all applicable Provincial,
Regional and City regulations and guidelines. The City has regard for the Provincial Land Use
Compatibility Guidelines relating to noise, vibration, odour and particulate matter when
considering the siting of sensitive land uses.
Official Plan Conclusions
Planning staff is recommending approval of the Official Plan Amendment and Zoning By-law
Amendment application to permit the expansion of the existing funeral home use and the
establishment of a crematorium use. The existing funeral home is a permitted use in the Official
Plan and Zoning By-law and the Owner has submitted the required land use compatibility reports
to satisfy Provincial requirements for a crematorium use. Funeral homes are permitted within
Community Nodes and the planned function of Community Areas is to provide for residential uses
as well as non-residential supporting uses intended to serve the immediate residential areas.
The property municipally addressed as 507 Frederick Street is designated as 'Commercial' and
the four Becker Street properties (triangle shaped property and 40, 44, and 48 Becker Street) are
designated as `Low Rise Residential' in the City's Official Plan. A portion of lands form part of a
Community Node in the City's Urban Structure.
Planning staff are supportive of amending the land use designation of 40, 44, and 48 Becker
Street, as well as the triangle -shaped portion of land), from `Low Rise Residential' to `Commercial'.
For clarity, Planning staff are recommending adding Specific Policy Area 58 in the Official Plan to
permit a crematorium/cremator use as an accessory use to a funeral home use. While Zoning By-
law 2019-051 lists a crematorium and funeral homes as separate uses, the Official Plan does not
list the two uses separately. Funeral home is not a defined term in the Official Plan.
Page 31 of 137
SECTION 4 — THE AMENDMENT
The City of Kitchener Official Plan (2014) is hereby amended as follows:
a) Amend Map No. 3 — Land Use by:
i) Designating the lands municipally known as 40, 44, and 48 Becker Street,
as well as the triangle -shaped portion of land west of Becker Street and
north of Fife Avenue, legally described as Plan 42, Pt Lots 27 to 30, RP
58R-15854 Pt 1 as `Commercial' instead of `Low Rise Residential', as
shown on the attached Schedule W.
b) Amend Map 5 — Specific Policy Area by:
Adding Specific Policy Area 58 to lands municipally known as 507 Frederick
Street, 40, 44, and 48 Becker Street, as well as the triangle -shaped portion
of land west of Becker Street and north of Fife Avenue, legally described as
Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1, as shown on the attached
Schedule `B'.
c) Amend Policy 15.D.12 by adding Policy 15.D.12.58 as follows:
"15.D.12.58 507 Frederick Street and 40, 44 and 48 Becker Street
Notwithstanding the Commercial land use designation and policies
on the lands municipally known as 507 Frederick Street and 40, 44
and 48 Becker Street, and a triangular-shaped parcel of land west
of Becker Street and north of Fife Avenue, one
crematorium/cremator unit will be permitted as an accessory use to
a funeral home."
10
Page 32 of 137
APPENDIX 1: Notice of the Planning & Strategic Initiatives Committee Meeting (January 9, 2023)
NOTICE OF PUBLIC MEETING
for a development in your neighbourhood
507 Frederick Street Et 40-48 Becker Street KiTcfl , lilm"R
Concept Drawing
WTI
............... ..... . . . ....
Have Yow Voice Hea�rd!
Date: January 9,2023
Time: To be deterimi n ed
Location�, Council Chambers,
Kitchener City Hall
200 King Street West
arVirtual Zoom Meeting
To view the staff report, agencla,
meeting details, start time of this item
or to appear as a delegation, visit:
kitcheiner.ca/meetlings
To learn more about this project,
inClUding information on your
appeal rights, visit
wwwAtchener.ca/
PlainningApplications
or contact:
I I'l ('� a rl""Irlalnntlirl/ ["'nchul, ""d Garett Stevenson, Interim Director
519.741.2200 x 7070
garett.stevenson( kitcliener.ca
Official Plan and Zoning By-law Amendments will be cons,idered to change the land use
designation and zoning for -10-18 Becker Street to permit commercial uses, inClUding a
funeral home. Special zoning regulat�ons are also proposed for reduced setb�acks from
Becker Street. 1 hese properties, along with 507 Frederick Street, are also proposed to
permit a Crematorium/Cremator as a permitted use.
Page 33 of 137
APPENDIX 2: Minutes of the Planning & Strategic Initiatives Committee Meeting (January 9,
2023)
12
Page 34 of 137
APPENDIX 3 - Minutes of the Meeting of City Council (January 30, 2023)
13
Page 35 of 137
APPENDIX 4 - Minutes of the Meeting of City Council (February 27, 2023)
14
Page 36 of 137
APPENDIX 5 - Minutes of the Meeting of City Council (March 20, 2023)
15
Page 37 of 137
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follows:
PROPOSED BY — LAW
, 2023
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 2019-051, as amended, known
as the Zoning By-law for the City of Kitchener — Henry Walser
Funeral Home Ltd, Leeann Marie Walser, Henry James Walser,
& 2544770 Ontario Inc.
- 507 Frederick Street, 40, 44, 48 Becker Street & Plan 42,
Pt Lots 27 to 30, RP 58R-15854 Pt 1)
WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
Zoning Grid Schedule Number 140 of Appendix "A" to By-law Number 2019-051 is hereby
amended by changing the zoning applicable to the parcel of land specified and illustrated as
Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from General Commercial Zone
(COM -2) to General Commercial Zone (COM -2) with Site Specific Provision (357).
2. Zoning Grid Schedule Number 140 of Appendix "A" to By-law Number 2019-051 is hereby
amended by changing the zoning applicable to the parcel of land specified and illustrated as
Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Mixed Use One Zone (MIX -
1) to General Commercial Zone (COM -2) with Site Specific Provision (357).
3. Zoning Grid Schedule Number 140 of Appendix "A" to By-law Number 2019-051 is hereby
amended by changing the zoning applicable to the parcel of land specified and illustrated as
Area 3 on Map No. 1, in the City of Kitchener, attached hereto, from Low Rise Residential Four
Zone (RES -4) to General Commercial Zone (COM -2) with Site Specific Provision (357).
4. Zoning Grid Schedule Number 140 of Appendix "A" to By-law Number 2019-051 is hereby
amended by changing the zoning applicable to the parcel of land specified and illustrated as
Area 4 on Map No. 1, in the City of Kitchener, attached hereto, from Low Rise Residential Five
Zone (RES -5) with Site Specific Provision (205) to General Commercial Zone (COM -2) with Site
Specific Provision (357).
Page 40 of 137
5. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (357) thereto as
follows:
"357. Notwithstanding Sections 3 and 5 and Tables 9-1 and 9-2 of this By-law, within the
lands zoned General Commercial Zone (COM -2) and shown as affected by this
subsection on Zoning Grid Schedule Number 140 of Appendix `A', the following
special regulations shall apply:
a) A Crematorium shall be a permitted use and the cremation exhaust stack must
be a minimum of 56 metres from a residential zone.
b) Dwellings existing on the passing of this by-law shall be permitted.
C) The exterior side yard setback to Becker Street shall be 0 metres.
d) Driveway Visibility Triangles are not required adjacent to Becker Street.
e) The minimum parking spaces for a Crematorium and Funeral Home use shall
be 1 space per 24.5 square metres of Gross Floor Area.
f) Tandem parking spaces may be permitted and must be signed as employee
parking spaces.
g) Parking spaces and loading spaces located within a building may be located
0.0 metres from the street and vehicles are not required to enter/exit the
garage in a forward motion.
h) For any lot to which this regulation applies and abuts Frederick Street,
Frederick Street shall be deemed to be the front lot line.
i) The following new sensitive uses are not permitted until such time as a
Record of Site Condition is completed and Ministry Acknowledgement Letter
is provided:
Day Care Facility
Duplex Dwelling
Dwelling Unit
Education Establishment
Hospice
Lodging House
Multiple Dwelling
Private Home Day Care
Residential Care Facility
Semi-detached Dwelling
Street Townhouse Dwelling"
6. This By-law shall become effective only if Official Plan Amendment No. _ (507 Frederick
Street, 40, 44 and 48 Becker Street) comes into effect, pursuant to Section 24(2) of The
Planning Act, R.S.O. 1990, c. P. 13, as amended.
Page 41 of 137
PASSED at the Council Chambers in the City of Kitchener this day of
2023.
Mayor
Clerk
Page 42 of 137
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AMENDMENT NO. _ TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
507 Frederick Street, 40, 44 Becker Street &
Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1
Page 44 of 137
AMENDMENT NO. TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
507 Frederick Street, 40, 44 Becker Street &
Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1
INDEX
SECTION 1 TITLE AND COMPONENTS
SECTION 2 PURPOSE OF THE AMENDMENT
SECTION 3 BASIS OF THE AMENDMENT
SECTION 4 THE AMENDMENT
APPENDICES
APPENDIX 1 Notice of the Meeting of Planning & Strategic Initiatives
Committee of January 9, 2023
APPENDIX 2 Minutes of the Meeting of Planning & Strategic Initiatives
Committee of January 9, 2023
APPENDIX 3
Minutes of the Meeting of City Council of January 30, 2023
APPENDIX 4
Minutes of the Meeting of City Council of February 27, 2023
APPENDIX 5
Minutes of the Meeting of City Council of March 20, 2023
2
Page 45 of 137
AMENDMENT NO. _ TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
SECTION 1 — TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. xx to the Official Plan of the City of Kitchener
(2014). This amendment is comprised of Sections 1 to 4 inclusive.
SECTION 2 — PURPOSE OF THE AMENDMENT
The purpose of the Official Plan Amendment is to change the land use designation on Map 3 for
properties located on Becker Street, which are proposed to be added to the lands containing an
existing funeral home, and to add a new site-specific policy area to Section 5.D.12 and amend Map
5 to permit one crematorium/cremator unit as a permitted accessory use to a funeral home.
The purpose of the Official Plan Amendment is to amend:
• Map 3 is amended by changing the land use designation of 40, and 44 Becker Street, as
well as the triangle -shaped portion of land west of Becker Street and north of Fife Avenue,
legally described as Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1 from `Low Rise
Residential' to `Commercial'.
• Map 5 is amended by adding Specific Policy Area 58 to 507 Frederick Street, 40, and 44
Becker Street, as well as the triangle -shaped portion of land west of Becker Street and
north of Fife Avenue, legally described as Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1,
to permit a crematorium/cremator use on all lands.
• Adding Policy 15.D.12.58 to Section 15.D.12 to permit one crematorium/cremator unit as a
permitted accessory use to a funeral home:
SECTION 3 — BASIS OF THE AMENDMENT
Planning Analysis:
Provincial, Regional, and City planning policy provide guidance that must be considered when
evaluating changes in land use permissions as discussed below.
Planning Act, R.S.O. 1990, c. P.13 25.
Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister,
the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their
responsibilities under this Act, shall have regard to, among other matters, matters of provincial
interest such as:
f) The adequate provision and efficient use of communication, transportation, sewage
and water services and waste management systems;
g) The minimization of waste;
h) The orderly development of safe and healthy communities;
j) The adequate provision of employment opportunities;
p) The appropriate location of growth and development;
Page 46 of 137
q) The promotion of development that is designed to be sustainable, to support public
transit and to be oriented to pedestrians;
r) The promotion of built form that,
(i) Is well-designed,
(ii) Encourages a sense of place, and
(iii) Provides for public spaces that are of high quality, safe, accessible, attractive
and vibrant;
s) The mitigation of greenhouse gas emissions and adaptation to a changing climate.
These matters of provincial interest are addressed and are implemented through the Provincial
Policy Statement, 2020, as it directs how and where development is to occur. The City's Official
Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020
and to ensure Provincial policy is adhered to.
Provincial Policy Statement (PPS)
The PPS provides policy direction on matters of provincial interest related to land use planning
and development. As a key part of Ontario's policy -led planning system, the Provincial Policy
Statement sets the policy foundation for regulating the development and use of land.
Section 3(5) of the Planning Act requires that a decision of the council of a municipality shall be
consistent with the policy statement that are in effect on the date of decision and shall conform
with the provincial plans that are in effect on that date, or shall not conflict with them, as the case
may be.
The PPS focuses growth and development within urban and rural settlement areas while
supporting the viability of rural areas. Land use must be carefully managed to accommodate
appropriate development to meet the full range of current and future needs, while achieving
efficient development patterns and avoiding significant or sensitive resources and areas which
may pose a risk to public health and safety.
Efficient development patterns optimize the use of land, resources and public investment in
infrastructure and public service facilities. These land use patterns promote a mix of housing,
including affordable housing, employment, recreation, parks and open spaces, and transportation
choices that increase the use of active transportation and transit before other modes of travel.
Policy 1.1.1 of the PPS states that, "Healthy, liveable and safe communities are sustained by:
a) promoting efficient development and land use patterns which sustain the financial well-
being of the Province and municipalities over the long term;
c) avoiding development and land use patterns which may cause environmental or public
health and safety concerns;
e) promoting the integration of land use planning, growth management, transit -supportive
development, intensification and infrastructure planning to achieve cost-effective
development patterns, optimization of transit investments, and standards to minimize
land consumption and servicing costs; and
g) ensuring that necessary infrastructure and public service facilities are or will be
available to meet current and projected needs.
The PPS notes that settlement areas are urban areas and rural settlement areas, and include
cities, towns, villages and hamlets, and policy 1.1.3.1 states that settlement areas shall be the
focus of growth and development. Policy 1.1.3.2 states that land use patterns within settlement
areas shall be based on densities and a mix of land uses which;
4
Page 47 of 137
a) efficiently use land and resources; and
b) are appropriate for, and efficiently use, the infrastructure and public service facilities
which are planned or available and avoid the need for their unjustified and/or
uneconomical expansion.
Policy 1.2.6.1 notes that major facilities and sensitive land uses shall be planned and developed
to avoid, or if avoidance is not possible, minimize and mitigate any potential adverse effects from
odour, noise and other contaminants, minimize risk to public health and safety, and to ensure the
long-term operational and economic viability of major facilities in accordance with provincial
guidelines, standards and procedures.
Where avoidance is not possible in accordance with policy 1.2.6.1, planning authorities shall
protect the long-term viability of existing or planned industrial, manufacturing or other uses that
are vulnerable to encroachment by ensuring that the planning and development of proposed
adjacent sensitive land uses are only permitted if the following are demonstrated in accordance
with provincial guidelines, standards and procedures:
a) there is an identified need for the proposed use;
b) alternative locations for the proposed use have been evaluated and there are no
reasonable alternative locations;
c) adverse effects to the proposed sensitive land use are minimized and mitigated; and
d) potential impacts to industrial, manufacturing or other uses are minimized and
mitigated.
Funeral homes and crematoriums are necessary uses in a City to ensure that end of life
accommodations for residents can be addressed. The Owner has indicated that the use of the
cremation facility, located at Williamsburg Cemetery, does not suit their future needs, and a new
facility is required. An on-site facility is desirable to reduce the number of trips required to complete
an end of life service. An on-site facility will reduce vehicle trips across the City.
The Owner has completed several studies, including a Land Use Compatibility Study, Emission
Summary and Dispersion Modelling (ESDM) Report, and an Acoustic Assessment Report, which
were submitted to the City and the Region of Waterloo to demonstrate that their proposed
crematorium will meet Provincial standards and that there will be no adverse impacts to
surrounding lands.
As a Zoning By-law amendment application is required to add a crematorium use, the City and
the Region of Waterloo were able to undertake the review of the crematorium proposal through
the planning application public process. The City retained RWDI Consultants to peer review the
reports submitted by Trinity Consultants on behalf of the Owner. As confirmed through the peer
review process, the proposed mitigation will include:
- A requirement for the installation and maintenance of two 3 metre high noise walls
adjacent to 133 Ann Street,
- Site specific zoning regulations limiting the site to one cremator that is 56 metres from a
residential property,
- Enhanced landscape materials along the rear yards of Ann Street to provide additional
screening,
- Periodic air quality testing of the cremation unit to ensure it operates optimally and in
compliance with the MECP Environmental Compliance Approval (ECA), and
- A 1.2 metre high parapet atop the roof along the perimeter of the building to provide noise
attenuation to rooftop mechanical equipment.
Planning staff is of the opinion that with the proposed mitigations listed above, the recommended
zoning by-law amendment and Site Specific Provision (357) is consistent with the PPS.
Page 48 of 137
A Place to Grow: Growth Plan for the Greater Golden Horseshoe (Growth Plan)
The Growth Plan's strong emphasis on optimizing the use of the existing urban land supply
represents an intensification first approach to development and city -building, one which focuses
on making better use of existing infrastructure and public service facilities, and less on
continuously expanding the urban area.
The Growth Plan directs Planning authorities in the Region of Waterloo to plan for a population of
923,000 people and 470,000 jobs by 2051. This would mean a population increase of
approximately 299,070 in comparison to the Region's 2020 population of 623,930.
The Growth Plan notes that complete communities should be designed to meet people's needs
for daily living throughout an entire lifetime by providing convenient access to an appropriate mix
of jobs, local services, public service facilities, and a full range of housing to accommodate a
range of incomes and household sizes. Complete communities support quality of life and human
health by encouraging the use of active transportation and providing high quality public open
space, adequate parkland, opportunities for recreation, and access to local and healthy food.
Complete communities support climate change mitigation by increasing the modal share for
transit and active transportation and by minimizing land consumption through building compact,
mixed-use communities.
Building compact and complete communities, and protecting agricultural lands, water resources
and natural areas will help reduce greenhouse gas emissions and ensure communities are more
resilient to the impacts of a changing climate. The Province of Ontario has committed to reduce
greenhouse gas emissions by 30 per cent below 2005 levels by 2030. Kitchener has committed
to a 50% reduction of greenhouse gas emissions by 2030.
Policies 2.2.1.4 states that complete communities will:
a) feature a diverse mix of land uses, including residential and employment uses, and
convenient access to local stores, services, and public service facilities;
b) improve social equity and overall quality of life, including human health, for people of
all ages, abilities, and incomes;
c) provide a diverse range and mix of housing options, including additional residential
units and affordable housing, to accommodate people at all stages of life, and to
accommodate the needs of all household sizes and incomes;
d) expand convenient access to:
i. a range of transportation options, including options for the safe, comfortable and
convenient use of active transportation;
ii. public service facilities, co -located and integrated in community hubs;
iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails, and
other recreational facilities; and
iv. healthy, local, and affordable food options, including through urban agriculture;
e) provide for a more compact built form and a vibrant public realm, including public open
spaces;
f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce
greenhouse gas emissions, and contribute to environmental sustainability
g) integrate green infrastructure and appropriate low impact development.
Expanding the existing funeral home within the Community Node will allow for additional end of
life services at the existing location. Funeral homes and crematoriums are required for end of life
services for the growing population of the City and Region. Expanding the existing building with
a modest building addition will reduce the total amount of construction materials required for a
Page 49 of 137
new facility located elsewhere. The subject lands have good access to the transportation network,
including public transit and the road network, including the expressway. Planning staff are of the
opinion that the recommended zoning by-law amendment conforms to the Growth Plan.
Regional Official Plan (ROP)
On August 18, 2022, the Regional Municipality of Waterloo adopted Regional Official Plan (ROP)
Amendment 6. The ROP Amendment No. 6 is now before the Minister of Municipal Affairs and
Housing for a decision in accordance with Sections 17 and 26 of the Planning Act. As such, ROP
Amendment No. 6 is now posted on the Province's Environmental Registry (ERO) website, and
comments from the public will be accepted until January 4, 2023.
The subject lands are designated "Urban Area" and "Built -Up Area" in the Regional Official Plan
(ROP). The Urban Area designation of the ROP has the physical infrastructure and community
infrastructure to support major growth and social and public health services.
A key objective of ROP Amendment No. 6 is to accommodate forecasted growth by building 15 -
minute neighbourhoods. These are compact, well-connected places where people can meet their
daily needs for goods, services, and employment within a 15 -minute trip from home by walking,
cycling, and rolling, and where other needs can be met by using direct, frequent, and convenient
transit. F
Section 2.D.1 of the ROP states that in preparing or reviewing planning studies, or in reviewing
development applications or site plans, the Region and/or Area Municipalities will ensure that
development occurring within the Urban Area is planned and developed in a manner that:
a) Supports the Planned Community Structure described in this Plan;
b) Is serviced by a municipal drinking -water supply system and a municipal waste -water
system;
c) Contributes to the creation of complete communities with development patterns,
densities and an appropriate mix of land uses that supports walking, cycling and the
use of transit;
d) Protects the natural environment, and surface water and groundwater resources;
e) Conserves cultural heritage resources and supports the adaptive reuse of historic
buildings;
f) Respects the scale, physical character and context of established neighbourhoods in
areas where reurbanization is planned to occur;
g) Facilitates residents' access to locally grown and other healthy foods in
neighbourhoods; and
h) Promotes building designs and orientations that incorporate energy conservation
features and the use of alternative and/or renewable energy systems.
Section 2.D.6.1 of ROP Amendment No. 6 states that in addition to the general development
policies, the Region and the area municipalities will apply the following transit supportive
development criteria in reviewing and evaluating development applications or site plans, within
strategic growth areas and other intensification areas identified by the area municipality:
(a) creates an interconnected, multimodal street pattern that prioritizes walking, cycling,
and rolling, and taking transit over automobile trips, and supports vibrant mixed-use
developments;
(b) supports a more compact built form that locates the majority of transit supportive uses
within a comfortable walking distance of a transit stop or Major Transit Station Area;
(c) provides an appropriate mix of land uses, including a range of food destinations, local
services and amenities to meet peoples' daily needs for living;
Page 50 of 137
(d) promotes medium and higher -density development as close as possible to the transit
stop to support higher frequency transit service and optimize transit rider convenience;
(e) supports a high quality public realm to enhance the identity of the area and create
gathering points for social interaction, community events and other activities; and
(f) provides access from various transportation modes to the transit facility, including
consideration of pedestrian, bicycle parking, and where applicable, passenger transfer
and commuter pick-up/drop off areas.
Section 2.G.10 of the Regional Official Plan requires the City of Kitchener to establish policies
within their Official Plan to minimize the impact of Sensitive Land Uses and potential incompatible
land uses from each other.
Section 2.1.1 of ROP Amendment No. 6 requires the Region and the area municipalities to ensure
that major facilities and sensitive land uses are planned and developed to avoid, or if avoidance
is not possible, minimize and mitigate any potential adverse effects from odour, noise and other
contaminants, minimize risk to public health and safety, and to ensure the long-term operational
and economic viability of major facilities in accordance with Provincial guidelines, standards and
procedures. Section 2.1.1.2 outlines the same criteria in the PPS above to determine where
avoidance is not possible.
Regional staff recommended prohibiting new sensitive uses until such time that a record of site
condition is completed and acknowledged by the Minister. This provision is included in the site-
specific zoning proposed by Planning staff with this application.
Planning staff is of the opinion that the applications conform to the Region of Waterloo Official
Plan. Regional staff have no concerns with the peer review undertaken by RWDI for the proposed
installation of a Facultative FT -III cremator on the subject lands, subject to the mitigation criteria
outlined above in the PPS section of this report.
Regional Planning staff have no objections to the proposed applications and provided comments
(Appendix E) that will be taken under advisement for future development applications.
City of Kitchener Official Plan
The vision of the City's Official Plan states "Together we will build an innovative, vibrant, attractive,
safe, complete and healthy community contributing to an exceptional quality of life." A complete
community creates and provides access to a mix of land uses including a full range and mix of
housing types. A complete community also supports the use of public transit and active
transportation, enabling residents to meet most of their daily needs within a short distance of their
homes. Planning for a complete community will aid in reducing the cost of infrastructure and
servicing, encourage the use of public transit and active modes of transportation, promote social
interaction, and foster a sense of community.
Urban Structure
The City's Urban Structure is composed of Intensification Areas which include the Urban Growth
Centre (Downtown), Major Transit Station Areas (MTSA), City Nodes, Community Nodes,
Neighbourhood Nodes, Urban Corridors and Arterial Corridors. They are connected by transit
corridors and the integrated transportation system which are key elements in shaping growth and
built form in the city. Policy 3.C.2.1 states that lands within Urban Structure Components will be
designated an appropriate land use to achieve their planned function. The policies pertaining to
Page 51 of 137
each Urban Structure component stipulate what the applicable land use designations may
include.
The lands are identified as a Community Node and Community Area in the Official Plan.
Community Nodes are located along existing or planned transit corridors. The planned function
of Community Nodes is to provide for commercial uses with a mix of residential and institutional
uses necessary to support and complete surrounding residential communities. Community Nodes
primarily serve an inter -neighbourhood market and are intended to intensify, be transit -supportive
and cycling and pedestrian -friendly.
Commercial Land Use Desianation
Lands designated as `Commercial' are intended to provide for a range of retail and service
commercial uses that cater primarily to the weekly and daily needs of residents within the
surrounding neighbourhoods. A funeral home is a permitted use for lands designated as
Commercial within a Community Node.
Noise, Vibration, Light and Other Emissions
An objective in the Official Plan is to minimize and mitigate land use conflicts between sensitive
land uses, and noise, vibration and emission sources in accordance with all applicable Provincial,
Regional and City regulations and guidelines. The City has regard for the Provincial Land Use
Compatibility Guidelines relating to noise, vibration, odour and particulate matter when
considering the siting of sensitive land uses.
Official Plan Conclusions
Planning staff is recommending approval of the Official Plan Amendment and Zoning By-law
Amendment application to permit the expansion of the existing funeral home use and the
establishment of a crematorium use. The existing funeral home is a permitted use in the Official
Plan and Zoning By-law and the Owner has submitted the required land use compatibility reports
to satisfy Provincial requirements for a crematorium use. Funeral homes are permitted within
Community Nodes and the planned function of Community Areas is to provide for residential uses
as well as non-residential supporting uses intended to serve the immediate residential areas.
The property municipally addressed as 507 Frederick Street is designated as `Commercial' and
the four Becker Street properties (triangle shaped property and 40, and 44 Becker Street) are
designated as `Low Rise Residential' in the City's Official Plan. A portion of lands form part of a
Community Node in the City's Urban Structure.
Planning staff are supportive of amending the land use designation of 40, and 44 Becker Street,
as well as the triangle -shaped portion of land), from `Low Rise Residential' to `Commercial'.
For clarity, Planning staff are recommending adding Specific Policy Area 58 in the Official Plan to
permit a crematorium/cremator use as an accessory use to a funeral home use. While Zoning By-
law 2019-051 lists a crematorium and funeral homes as separate uses, the Official Plan does not
list the two uses separately. Funeral home is not a defined term in the Official Plan.
Page 52 of 137
SECTION 4 — THE AMENDMENT
The City of Kitchener Official Plan (2014) is hereby amended as follows:
a) Amend Map No. 3 — Land Use by:
i) Designating the lands municipally known as 40 and 44 Becker Street, as well
as the triangle -shaped portion of land west of Becker Street and north of
Fife Avenue, legally described as Plan 42, Pt Lots 27 to 30, RP 58R-15854
Pt 1 as `Commercial' instead of `Low Rise Residential', as shown on the
attached Schedule W.
b) Amend Map 5 — Specific Policy Area by:
Adding Specific Policy Area 58 to lands municipally known as 507 Frederick
Street, 40 and 44 Becker Street, as well as the triangle -shaped portion of land
west of Becker Street and north of Fife Avenue, legally described as Plan 42,
Pt Lots 27 to 30, RP 58R-15854 Pt 1, as shown on the attached Schedule
`B'
c) Amend Policy 15.D.12 by adding Policy 15.D.12.58 as follows:
"15.D.12.58 507 Frederick Street and 40 and 44 Becker Street
Notwithstanding the Commercial land use designation and policies
on the lands municipally known as 507 Frederick Street and 40 and
44 Becker Street, and a triangular-shaped parcel of land west of
Becker Street and north of Fife Avenue, one crematorium/cremator
unit will be permitted as an accessory use to a funeral home."
10
Page 53 of 137
APPENDIX 1: Notice of the Planning & Strategic Initiatives Committee Meeting (January 9, 2023)
NOTICE OF PUBLIC MEETING
for a development in your neighbourhood
507 Frederick Street Et 40-48 Becker Street KiTcfl , lilm"R
Concept Drawing
WTI
............... ..... . . . ....
Have Yow Voice Hea�rd!
Date: January 9,2023
Time: To be deterimi n ed
Location�, Council Chambers,
Kitchener City Hall
200 King Street West
arVirtual Zoom Meeting
To view the staff report, agencla,
meeting details, start time of this item
or to appear as a delegation, visit:
kitcheiner.ca/meetlings
To learn more about this project,
inClUding information on your
appeal rights, visit
wwwAtchener.ca/
PlainningApplications
or contact:
I I'l ('� a rl""Irlalnntlirl/ ["'nchul, ""d Garett Stevenson, Interim Director
519.741.2200 x 7070
garett.stevenson( kitcliener.ca
Official Plan and Zoning By-law Amendments will be cons,idered to change the land use
designation and zoning for -10-18 Becker Street to permit commercial uses, inClUding a
funeral home. Special zoning regulat�ons are also proposed for reduced setb�acks from
Becker Street. 1 hese properties, along with 507 Frederick Street, are also proposed to
permit a Crematorium/Cremator as a permitted use.
Page 54 of 137
APPENDIX 2: Minutes of the Planning & Strategic Initiatives Committee Meeting (January 9,
2023)
12
Page 55 of 137
APPENDIX 3 - Minutes of the Meeting of City Council (January 30, 2023)
13
Page 56 of 137
APPENDIX 4 - Minutes of the Meeting of City Council (February 27, 2023)
14
Page 57 of 137
APPENDIX 5 - Minutes of the Meeting of City Council (March 20, 2023)
15
Page 58 of 137
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follows:
PROPOSED BY — LAW
, 2023
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 2019-051, as amended, known
as the Zoning By-law for the City of Kitchener — Henry Walser
Funeral Home Ltd, Leeann Marie Walser, Henry James Walser,
& 2544770 Ontario Inc.
- 507 Frederick Street, 40 and 44 Becker Street & Plan 42,
Pt Lots 27 to 30, RP 58R-15854 Pt 1)
WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
Zoning Grid Schedule Number 140 of Appendix "A" to By-law Number 2019-051 is hereby
amended by changing the zoning applicable to the parcel of land specified and illustrated as
Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from General Commercial Zone
(COM -2) to General Commercial Zone (COM -2) with Site Specific Provision (357).
2. Zoning Grid Schedule Number 140 of Appendix "A" to By-law Number 2019-051 is hereby
amended by changing the zoning applicable to the parcel of land specified and illustrated as
Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Mixed Use One Zone (MIX -
1) to General Commercial Zone (COM -2) with Site Specific Provision (357).
3. Zoning Grid Schedule Number 140 of Appendix "A" to By-law Number 2019-051 is hereby
amended by changing the zoning applicable to the parcel of land specified and illustrated as
Area 3 on Map No. 1, in the City of Kitchener, attached hereto, from Low Rise Residential Four
Zone (RES -4) to General Commercial Zone (COM -2) with Site Specific Provision (357).
4. Zoning Grid Schedule Number 140 of Appendix "A" to By-law Number 2019-051 is hereby
amended by changing the zoning applicable to the parcel of land specified and illustrated as
Area 4 on Map No. 1, in the City of Kitchener, attached hereto, from Low Rise Residential Five
Zone (RES -5) with Site Specific Provision (205) to General Commercial Zone (COM -2) with Site
Specific Provision (357).
5. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (357) thereto as
follows:
Page 61 of 137
"357. Notwithstanding Sections 3 and 5 and Tables 9-1 and 9-2 of this By-law, within the
lands zoned General Commercial Zone (COM -2) and shown as affected by this
subsection on Zoning Grid Schedule Number 140 of Appendix `A', the following
special regulations shall apply:
a) A Crematorium shall be a permitted use and the cremation exhaust stack must
be a minimum of 56 metres from a residential zone.
b) Dwellings existing on the passing of this by-law shall be permitted.
C) The exterior side yard setback to Becker Street shall be 0 metres.
d) Driveway Visibility Triangles are not required adjacent to Becker Street.
e) The minimum parking spaces for a Crematorium and Funeral Home use shall
be 1 space per 24.5 square metres of Gross Floor Area.
f) Tandem parking spaces may be permitted and must be signed as employee
parking spaces.
g) Parking spaces and loading spaces located within a building may be located
0.0 metres from the street and vehicles are not required to enter/exit the
garage in a forward motion.
h) For any lot to which this regulation applies and abuts Frederick Street,
Frederick Street shall be deemed to be the front lot line.
i) The following new sensitive uses are not permitted until such time as a
Record of Site Condition is completed and Ministry Acknowledgement Letter
is provided:
Day Care Facility
Duplex Dwelling
Dwelling Unit
Education Establishment
Hospice
Lodging House
Multiple Dwelling
Private Home Day Care
Residential Care Facility
Semi-detached Dwelling
Street Townhouse Dwelling"
6. This By-law shall become effective only if Official Plan Amendment No. _ (507 Frederick
Street, 40 and 44 Becker Street) comes into effect, pursuant to Section 24(2) of The Planning
Act, R.S.O. 1990, c. P. 13, as amended.
Page 62 of 137
PASSED at the Council Chambers in the City of Kitchener this day of
2023.
Mayor
Clerk
Page 63 of 137
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Staff Report
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Development Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: March 20, 2023
SUBMITTED BY: Carlos Reyes, Interim Director Engineering, 519-741-2200 ext. 7974
PREPARED BY: Eric Riek, Project Manager, 519-741-2200 ext. 7330
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: March 14, 2023
REPORT NO.: DSD -2023-096
SUBJECT: Biehn Drive and Sanitary Trunk Sewer Environmental Assessment
RECOMMENDATION:
That Council directs staff to complete further studies to update the Biehn Drive and
Trunk Sanitary Sewer Extension Class Environmental Assessment - Environmental
Study Report, prepared by BT Engineering, dated January 18, 2023; and,
That Council directs staff to complete one additional consultation to be scheduled
once the additional studies have been completed; and,
That Council directs staff to use the remaining balance of the budget approved in
2020 for this EA to complete the additional work; and further,
That staff reports back to Council with an updated Biehn Drive and Trunk Sanitary
Sewer Extension Class Environmental Assessment (EA) Environmental Study Report
in late 2023 or early 2024.
REPORT HIGHLIGHTS:
• The purpose of this report is to answer questions raised at the February 13, 2023
Community and Infrastructure Services committee and to provide recommendations for
additional investigation and consultation (Geotechnical, Hydrogeological and
Transportation).
• The key finding of this report is the recommendation of additional investigation and
consultation to be completed and to update the Biehn Drive and Trunk Sanitary Sewer
Extension Class Environmental Assessment (EA) — Environmental Study Report and
Preliminary Design Report with the findings of those studies, which would typically take
place after filing the EA.
• The financial implications are Biehn Drive and Sanitary Trunk Sewer Extension was
included in the Development Charge Background Study, 2019. This project has full -
funding available as of 2022 in the capital forecast and is fully funded by Development
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 65 of 137
Charges. Remaining balance of the budget approved by Council in 2020 is required to
complete additional investigation.
• Community engagement included two virtual public information centres with the first
meeting taking place April 20th, 2021. The second virtual public information centre took
place on November 17th, 2021. In addition, the project was presented to the Kitchener
Environmental Committee on June 17th, 2021 and October 21, 2021. The project was
presented to the Regional Environmental Committee on November 29, 2021. Lastly, the
project was presented to Community and Infrastructure Services Committee on
February 13, 2023. One additional Public Information Centre is proposed once
additional investigation is completed (late 2023/ early 2024).
• This report supports the delivery of core services.
EXECUTIVE SUMMARY:
The City of Kitchener (City) has undertaken a Schedule C Municipal Class Environmental
Assessment (EA) Study to develop a transportation plan for the extension of Biehn Drive
westerly to the Robert Ferrie Drive extension in the City of Kitchener. The Biehn Drive
extension will include municipal services including a trunk sanitary sewer, storm
sewer/ditches and watermain.
The following problem/opportunity was identified as part of the EA:
"Future development within the Doon South and Brigadoon communities requires a defined
alignment for the extension of Biehn Drive to Robert Ferrie Drive as part of the area road
network and to accommodate municipal services. The sanitary sewer network must connect
to Biehn Drive."
To address this problem, the Study has developed and evaluated alternatives for the
alignment of the Biehn Drive extension, intersection locations/type and municipal services
while minimizing environmental, social, and cultural impacts of the project. Biehn Drive is a
Major Collector Road in the City of Kitchener Official Plan. The previous sanitary sewer
network has been constructed to accommodate the future service areas to connect directly
to Biehn Drive. No other alternative exists for the sanitary sewer network other than to
connect to Biehn Drive.
As a result of questions and concerns raised at the Community and Infrastructure Services
Committee meeting on February 13th, 2023, staff are recommending the following studies
be completed to support the decisions made and refine the preferred solution of Council
consideration of the Biehn Drive and Sanitary Trunk Sewer Environmental Assessment (EA)
Environmental Study Report:
• Scoped Environmental Impact Study to support geotechnical work (typically
completed at detailed design);
• Detailed geotechnical and hydrogeological study to determine sewer installation
method and impacts to groundwater (typically completed at detailed design);
• Complete an update to the Doon South Community and Broader Traffic Study (last
completed in 2016) to confirm what future traffic projections would look like with or
without Biehn Drive extension.
Page 66 of 137
In addition to the studies mentioned above, staff proposes one additional Public Information
Centre to take place prior to reporting back to Council in Winter 2023/2024. After this
additional consultation is completed, the preferred solution will be confirmed taking into
consideration the results from the addition investigation, input and comments received from
the review agencies, Indigenous communities, and the Public, and after the evaluation of
the net environmental effects.
BACKGROUND:
Since the mid -2000's the road network and municipal servicing for the Doon South and
Brigadoon areas in the City of Kitchener have planned for area development and evolving
transportation needs. Several planning documents including the Official Plan and
Transportation Master Plan (TMP) have identified the need to extend Biehn Drive westerly
to the Robert Ferrie Drive extension and ultimately to Strasburg Road.
The Biehn Drive Extension would be a major collector road, as identified in Schedule B of
the City of Kitchener's Official Plan Amendment. This link would accommodate vehicles to
and from the Brigadoon community and would help mitigate cut -through traffic on local
streets within the community. A collector road collects traffic from local roads within the
community and provides connectivity to high tier arterial roads including Strasburg Road.
Future development within the Doon South and Brigadoon communities requires a defined
alignment for the extension of Biehn Drive to Robert Ferrie Drive as part of the area road
network and to accommodate municipal services. The sanitary sewer network must connect
to Biehn Drive.
To determine the road alignment, this Study has considered the natural, social environments
and the future land use in the Study Area. The extension of Biehn Drive and the associated
municipal servicing has been a longstanding part of the integrated plan for the Brigadoon
neighbourhood.
The planned extension will improve local access to Strasburg Road to safely and reliably
accommodate all modes of transportation including vehicular, pedestrians, and cyclists, and
provide access to potential future transit. Defining the future road and municipal servicing
plans concurrently allows subsequent land use plans to be completed by developers by
providing certainty in the horizontal and vertical alignment of the municipal street Right -of -
Way (ROW).
The EA Study provides the opportunity to: improve accessibility to the local community by
providing additional network links; define a multi -modal transportation plan to support travel
within the local neighbourhoods; accommodate the required and previously planned sanitary
sewer extension; and allow development to proceed on lands that currently require the
roadway ROW plan to be defined prior to developing the land use plan.
REPORT:
Municipal Class EA Process
This project was undertaken to satisfy the Provincial EA Act following the "Municipal Class
Page 67 of 137
Environmental Assessment" process for a Schedule C project as amended by the Municipal
Class EA 2015. This document specifies the procedures required to plan specific road
projects according to an approved provincial planning process.
The Class EA process was undertaken in a series of phases commencing with problem
identification and culminating in the filing of this Environmental Study report (ESR).
The Class EA process includes an evaluation of all reasonable alternatives and the selection
of a preferred alternative(s) with acceptable effects (including avoidance and mitigation of
any residual adverse effects) on the natural and social/cultural environments.
The Municipal Class EA process involves five phases:
Phase 1: Identify the Problem
Phase 2: Alternative Solutions
Phase 3: Alternative Design Concepts for the Preferred Solution
Phase 4: Environmental Study Report
Phase 5: Implementation
Current Environmental Assessment Status
Due to concerns received from the Public, staff is proposing to advance additional
investigation and consultation earlier in the process to update and file the Environmental
Study Report with the Ministry of Environment, Conservation and Parks for the mandatory
30 -day review period which corresponds to Phase 4 in the Municipal Class EA process (See
Figure 1).
Page 68 of 137
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Council Discussion and Questions
The following questions were raised at the February 13th, 2023 Community and
Infrastructure Services Committee Meeting:
1. Question/Concern: Alternative 4 scoring review was completed as requested,
however, no changes were made to the Environmental Study Report. Response:
While alternative 4 scored the highest for Natural Environment, that is only one factor
out of six (6) that is considered. The evaluation considered all natural, social, cultural
environmental performances as well as cost and transportation. It is typical that a
preferred alternative in an Environmental Assessment would be a best -balanced
solution providing reasonable transportation and municipal services while minimizing
environmental effects and costs.
In this technical evaluation Alternative 1 was considered a better -balanced solution
considering all trade-offs. The overall scores of the competing alternatives is shown
below (Figure 14 -from Environmental Study Report) and the colour of each factor
group illustrates where each option scored points in each criteria. Alternative 4 has
the largest green (natural environment) performance as shown in the figure but
poorer performance in other factor groups.
Page 69 of 137
Fugues 4: MATS [ alu sidlah Ranh iirfig Rwewilh
Figure 2 — MATS Evaluation Ranking results Included in the ESR
Sensitivity testing was also completed to validate or test the weighting exercise which
is explained in detail below.
To evaluate the alternatives using the short-listed criteria, the Evaluation Team
members rated each global factor and sub -factor based on their knowledge and
experience. It is noted that every person assigning weights may have different
expertise (i.e. the Evaluation Team consists of a diversified team of professionals
with varied backgrounds) and may allocate slightly different scores between each
member. The Evaluation Team assigned percentage weights to each global factor
and sub -factor were assigned by each project team member based on the findings
of sub -studies, public comments, and whether the performance or impacts would be
short term or long term.
Their individual weights are then averaged to determine the Evaluation Team weight
for each global factor and sub -factor shown above. The sensitivity testing program
was a method to assess the range of perspectives in the group and to test if
judgements of individuals had a large variance or not. The testing considered the
outcome of each factor group using the highest or lowest perspective of importance
of anyone in the group. In this study the Alternative 1 was a robust solution ranking
first in every test.
Table 5 on Page 42 of the Environmental Study Report is shown below for reference.
Page 70 of 137
Sensitivity Tests
To validate tfa�e weighting exerrisp, a siensitivity,testing proven^ani was uur dere ,takerw to deternlil n
wh th7 r the f" t.hwnintull�y Pref rred Al9teiriowdative (1 PA) would h dumiged if a partuojlnr (actor
rou,ap was, a55il rmed a h gh ler oi, I owe r import ,arice thizin T, he pa„rraa,apa average. Thais a-un5ures ;ptr il te r
confidence in the selection process. The threaa urate included:
ed:
Average iEvaallbuwn0an Team w~w+wµight
w Highest weight in taJr"tmarr �rrra!uap by any Evaluation Teirvi moa-m1b<. r,
Lowest weight in a factor group by warty II° v ailu titan Team rmmttmber
The rwrsIults of these tests arrm shown in Table 5, The ffm e ma box shows s throe Hirst rated ualtwtrnatiwr
Table 5,.Sensitivity Testing, Results for Alignment Alternatives
Alternativers
A;ht, 1
Alt. 2
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rhe sensitivity tryst rv,$Uts showed thtwih thUtrlu'tr were no trade "affs between een th e alternatives,
Alternative fir Coninect to, rhttabert Ferriat lDrive east of Hydiro Tower, was de t runain ri to be, the
preferred alignment alternative.
Table 1 — Sensitivity Testing Included in the ESR
What this demonstrates is that no one on that evaluation group considered
Alternative 4 as the preferred alignment alternative.
2. Question/Concern: Method of construction for extending sanitary trunk sewer and
watermain (open -cut, directional drilling, micro -tunneling, etc.). Response: Staff are
recommending proceeding with a detailed geotechnical study which is required
typically reaquired at and budgeted for in the detailed design stage. By completing
this study in advance, the following questions will be answered:
• Method of sewer construction
Page 71 of 137
• Impacts to groundwater/ flooding concerns
To complete this geotechnical investigation, a scoped Environmental Impact Study
must be completed in advance (Spring/Summer 2023). Limited tree removal will be
required to access the lands with the B57 drill rig, see photo below for reference. Tree
removal cannot take place during the bird nesting window (April 1 st to August 31 st);
therefore, the geotechnical investigation will begin in September 2023.
B57 Drill Rig
3. Question/Concern: Does Biehn Drive need to be extended? Response: There have
been numerous studies completed to support the need for extending Biehn Drive
from the current terminus to Robert Ferrie Drive which are outlined in the
Environmental Study Report. Despite all the previous studies recommendations to
extend Biehn Drive, there are still questions about the need for the road extension.
In response to these questions and concerns, staff proposes to complete an update
to the Doon South Community and Broader Traffic Study (last completed in 2016)
to confirm what future traffic projections would look like with or without Biehn Drive
extension.
4. Question/Concern: Alternate routes for trunk sewer or alternative servicing options.
Response: The Biehn Drive trunk sewer will service a large area of the City (128.9
hectares including rural, residential, and agricultural lands) by gravity, see Figure 2
below for reference. This equates to approximately 2000 dwellings. Servicing by
gravity is the most efficient and cost-effective means of providing a sanitary outlet for
new construction.
The only alternative to gravity drainage is to provide a pumping station that would
pump sewage (via a forcemain) from a low point on the west side of the Provincially
Page 72 of 137
Significant Wetland (PSW) to the existing trunk sewer on Biehn Drive. This forcemain
would either be installed under the wetland or follow local streets (Robert Ferrie Drive
to Caryndale Drive to Biehn Drive). Pumping stations are very expensive and carry a
perpetually high operating and maintenance cost for the City. Further, with the
changes from Bill 23, it is in the City's best interest to be fiscally responsible with
Development Charge funds to ensure the money invested in new infrastructure is
done so responsibly and as efficiently as possible.
Figure 2- Biehn Drive Sanitary Sewer Catchment Map
Recommended Strategy and Next Steps
1. Scoped Environmental Impact Study which will include field investigations to be
completed in the spring and summer of 2023 to review existing mapped natural
features and identify additional features and constraints that should be considered
during the evaluation of alternative designs. This site investigation will document
the following beyond general natural heritage constraints: spring plants, tree
assessment, spring birds and frog call surveys, bat roosting screening, incidental
wildlife observation, and Species at Risk (SAR) potential habitat assessment. An
additional field visit will be completed in the summer of 2023 to ensure that existing
conditions are captured across multiple seasons.
A Scoped Environmental Impact Study (EIS) will be prepared which will summarize
existing conditions including constraints and opportunities in the Study Area, an
assessment of potential impacts, mitigation measures, construction timing windows
and a list of future studies, as well as permits and approvals that may need to be
Page 73 of 137
obtained prior to additional geotechnical investigations. The report will inform the
design team of natural heritage considerations in their selection of the preferred
solution and design. The report will be distributed to MECP and GRCA as required
in support of permits and approvals
2. Complete Geotechnical/Hydrogeological investigation which will advance six (6)
boreholes to a depth of 8 metres within the wetland limits. Three (3) boreholes will
be converted to monitoring wells to measure groundwater fluctuations. The
boreholes will be advanced using a track -mounted drill -rig equipped with continuous
flight solid/hollow stem augers and split spoon (SPT) sampling equipment.
3. Complete an update to the Doon South Community and Broader Traffic Study (last
completed in 2016) to confirm what future traffic projections would look like with or
without Biehn Drive extension.
4. Additional Consultation in Winter of 2023/2024
5. Update the Environmental Study Report taking into consideration the results from
the additional investigation and consultation.
6. Final presentation of Environmental Study Report to Council in late 2023 or early
2024
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget. Funds are
currently available from Development Charges.
Operating Budget — The recommendation has no impact on the Operating Budget.
In 2020, Council approved $565,000 for the Biehn Drive and Sanitary Sewer Extension -
Municipal Class EA and Preliminary Design. On December 23, 2020, Council approved P20-
043 (Professional Services Class EA & Preliminary Design for Biehn Drive Extension and
Sanitary Trunk Extension (Current Terminus to Robert Ferrie Drive) with a total budget of
$369,817.36. Staff recommends the use of the remaining balance ($187,486.83) to
complete the additional work.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of
the council / committee meeting.
CONSULT — Community engagement included two virtual public information centres with
the first meeting taking place April 20th, 2021. The second virtual public information centre
took place on November 17th, 2021. In addition, the project was presented to the Kitchener
Page 74 of 137
Environmental Committee on June 17th, 2021 and October 21, 2021. The project was
presented to the Regional Environmental Committee on November 29, 2021. Lastly, the
project was presented to Community and Infrastructure Services Committee on February
13th, 2023.
One additional Public Information Centre is proposed to take place in Winter of 2023/2024
after the additional studies are completed.
PREVIOUS REPORTS/AUTHORITIES:
September 1989, City Council approved the Brigadoon Community Plan. The Community
Plan was processed concurrently with amendments to the Official Plan which established
a collector and arterial road network for the Community. The importance of connecting
the Brigadoon Community to Strasburg Road was recognized and three collector road
connections were proposed at that time including the extension of Biehn Drive. Approved
transit routes included Biehn Drive, Strasburg Road and Huron Road. The Biehn Drive
extension has been carried forward in all subsequent versions of the City of Kitchener
Official Plan.
February 1994, McCormick Rankin on behalf of the City of Kitchener completed the report
"boon South - Brigadoon Transportation Network and Corridor Study". The report
recognized the need to comprehensively plan a road network to accommodate growth
associated with a large geographic area. The process was undertaken in the form of the
Environmental Assessment Act. The report recommended several interrelated
transportation corridor network improvements and reaffirmed the need for the Biehn Drive
extension. Kitchener Planning and Economic Development Committee approved the
report and further recommendations dated June 20, 1994 which among other matters,
directs an amendment to the Kitchener Official Plan to incorporate the collector road
network which includes Biehn Drive.
The Brigadoon Community Plan was updated and approved by Kitchener City Council
on June 29, 2004. The updated Community Plan provides for the extension of Biehn
Drive to Strasburg Road and recognizes Strasburg Road as a 26 metre wide secondary
arterial road.
In June 2013, the final "Kitchener Integrated Transportation Master Plan" was approved.
The master plan informed the approval of the City's current "in effect" Official Plan. Biehn
Drive extension is identified as a major community collector street. Biehn Drive is shown
as extending in a southwesterly direction and connecting to Strasburg Road.
City Planning Staff Report (CSD -14-037) prepared in support of the Official Plan
Amendment (OPA) and environmental assessment (EA) for the Robert Ferrie Drive
extension (June 2014) includes the following conclusion: `In order to continue improving
the traffic and transportation needs in the Brigadoon and Doon South communities the
Transportation studies done as part of the Integrated EA and OPA process confirmed
that the extension of Biehn Drive is necessary to meet the current and projected
transportation needs of the Brigadoon/Doon South Communities. It is therefore also
recommended that the EA process for the extension of Biehn Drive commence as soon
as possible and further that it be concurrent with the EA for the extension of sanitary
sewer services along Biehn Drive."
March 2019, LPAT's partial approval of Official Plan Amendment No. 103. The integrated
transportation system policies of the Official Plan are supported by the City's
Transportation Master Plan. Map 11 (Integrated Transportation System) of the in -effect
Official Plan identifies the approved Robert Ferrie Drive alignment and confirms that
Biehn Drive will be extended from its current terminus southerly and connect to Robert
Page 75 of 137
Ferrie Drive. The final alignment of Biehn Drive is to be constructed within the corridor
identified on Map 11.
Municipal Act, 2001
Planning Act
APPROVED BY: Justin Readman, General Manager, DSD
ATTACHMENTS:
Figure 1 - Borehole Location Plan
Page 76 of 137
Px -lid - Lrjld80-EO-EZOZ\dZ00-696LL\666 LL-00611\s4XW\SI'J\O
StaffReport
xmllf ER finance and Corporate Services Department www.kitchener ca
REPORT TO: Committee of the Whole
DATE OF MEETING: March 20, 2023
SUBMITTED BY: Ryan Scott, Chief Procurement Officer, 519-741-2200 ext. 7214
PREPARED BY: Sarah Pethick, Associate Procurement Specialist, 519-741-2200 ext. 7213
WARD(S) INVOLVED: N/A
DATE OF REPORT: March 8, 2023
REPORT NO.: FIN -2023-131
SUBJECT: Request for Additional Funding — Q23-004 Conway Drive and Wayne
Drive Road Reconstruction
RECOMMENDATION:
That $754,000 be transferred from the Water Infrastructure Program (WIP) Road
Reconstruction General Account to the Conway Drive and Wayne Drive Road
Reconstruction account to allow the project to proceed.
REPORT HIGHLIGHTS:
• The purpose of this report is to obtain approval to transfer funds to the Conway & Wayne
Drive Road Reconstruction capital project to allow the award of a procurement in
accordance with Procurement By-law 2022-109;
• The impact of not approving the transfer would be canceling the solicitation and delaying
the project until at least 2024;
• This report supports the delivery of core services.
BACKGROUND:
The scope of the work for the Conway Drive and Wayne Drive Road Reconstruction project
includes the replacement of the existing sanitary sewer, storm sewer, water supply system,
roadway, curb and gutter, sidewalks and municipal service connections to the street property
line. The work also includes a small component of cured -in-place sewer lining and exfiltration
trenches. Approximate project distance is 780 metres. The project would be scheduled to begin
on April 3, 2023, weather permitting.
REPORT:
In accordance with the Procurement By-law 2022-109 (Chapter 170 Municipal Code), Council's
approval is required if any one or more of the conditions of Section 10 — Delegated Approval
Authority are not met.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 78 of 137
Specific to the project listed, the City has conducted an open competitive process which resulted
in eight (8) responses being received, and the intent is to award to the lowest compliant
response.
Staff have concluded that:
• Market pricing has been received for the listed deliverables; and
• Based on the significant number of bids received through this competitive process early
in the year, staff do not believe better pricing would be received by canceling this
solicitation and waiting at least another year; and
• It would be in the City's best interest to proceed ahead with the project.
However:
• There is insufficient funding to award the procurement under delegated authority; and
• Additional funds are being requested to facilitate an award.
Failing to transfer additional funds would lead to canceling the solicitation and delaying the
project until at least 2024. Further, delaying the project will increase the likelihood of service
disruption in the area as the infrastructure being replaced is at the end of its useful life.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
The table below shows the proposed transfer and the revised project budget that would allow
the procurement to be awarded within the Procurement By -Law.
Summary of Proposed Action
Account Amount
Approved Budget Conway& Wayne Drive Reconstruction $5,288,000
Recommended Transfer WIP Road Reconstruction General Account $ 754,000
Revised Budget Conway & Wayne Drive Reconstruction $6,042,000
There is sufficient funding within the WIP Road Reconstruction General Account to make this
transfer.
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:
There are no previous reports/authorities related to this matter.
APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services.
Page 79 of 137
V17M7177i/1141
�•a.r1mim
REPORT TO: Committee of the Whole
DATE OF MEETING: March 20, 2023
i p``'ro Tf- 1,,
"M 11"1119=10TIM W.
SUBMITTED BY: Ryan Scott, Chief Procurement Officer, 519-741-2200 ext. 7214
PREPARED BY: Brad Kowaleski, Procurement Specialist, 519-741-2200 ext. 7063
WARD(S) INVOLVED: N/A
DATE OF REPORT: March 14, 2023
REPORT NO.: FIN -2023-130
SUBJECT: NSP23-063 Microsoft Enterprise Agreement
RECOMMENDATION:
That the City leverage the Province of Ontario's, Master Business Service Agreement
U8364444 - Microsoft Enterprise Agreement, with Microsoft Canada, Toronto, Ontario,
for a three (3) year period, with no options for renewal, provided a satisfactory contract
is executed.
REPORT HIGHLIGHTS:
The purpose of this report is to obtain approval to proceed with a non-standard
procurement in accordance with Procurement By-law 2022-109;
The City has leveraged enterprise agreements for these products for ten (10)+ years;
This report supports the delivery of core services.
BACKGROUND:
The City's Technology Innovation and Services Division purchases and manages all required
Microsoft software licenses on behalf of the organization. Microsoft software is used on all of
the City's computer systems and licenses are purchased for:
Desktop / Laptop and Server Operating Systems
Back office server systems supplied by IT such as email and database systems
Cloud services such as Office 365, Visio, Project
It is the intent to continue to utilize the Microsoft Enterprise Agreement, a volume licensing
program to purchase this software.
Microsoft Enterprise Agreement — this volume purchasing program is designed for large
organizations (500+) with a standard software deployment across the organization. This
program locks in the pricing for three years and spreads the software licensing cost equally
across the three-year period. An annual license "true -up" process reduces software license
Page 80 of 137
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management. The Enterprise Agreement licensing also offers a much easier path to
transition to more cloud -based services. The majority of Microsoft software used in the City
is purchased through the Enterprise Agreement.
The City's total estimated spend against this contract for a three-year period is $3,300,000.
The actual spend will depend on the level of activity throughout the term of the contract.
REPORT:
The Ministry of Public and Business Service Delivery (Supply Chain Ontario) established a
framework of Microsoft agreements and their various programs under which non -provincial
entities including municipalities can procure products and services. These agreements fall
under Master Business agreement U8364444. This Master Business Agreement (MBA) with
Microsoft was originally signed in 2004 and amended in 2015
The City can take advantage of the terms and pricing offered within this agreement and sign
its own agreement with Microsoft. Through a review of the agreement and current costs
gathered through historical competitive processes, staff have assessed that leveraging this
agreement would continue to provide best value.
REPORT:
In accordance with the Procurement By-law 2022-109, Section 15 — Non -Standard
Procurement, Council's approval is required as the total value of the deliverables for this non-
standard procurement exceeds the delegated authority.
A non-standard procurement is the acquisition of goods, services or construction through a
process or method other than the process and method normally required for the type and
value of the required deliverables, as identified below:
Requirement
Procurement
Value Excluding
Taxes
Procurement
Process
Approval
Authority
Goods, Services or
$30,001 -
Non -Competitive or
Chief Procurement
Construction under the
$120,000
Limited Competition
Officer
circumstances included in
Schedule "C".
Goods, Services or
$120,001 or more
Non -Competitive or
Council
Construction under the
Limited Competition
circumstances included in
Schedule "C".
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In accordance with the Procurement By-law 2022-109, Schedule "C", "Goods, services and
construction may only be acquired through a non-standard procurement process under the
following circumstances: Item 2 - Where only one supplier is able to meet the requirements
of a procurement in order to:
a) ensure compatibility with existing products;
b) recognize exclusive rights, such as exclusive licenses, copyright and patent rights"
The documentation was reviewed by D. Murray, Director of Technology Innovation and
Services, C. Hassarajani, Manager of Digital Infrastructure and Support and B. Kowaleski,
Procurement Specialist, who concur with the above recommendation.
STRATEGIC PLAN ALIGNMENT:
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 but the
upset limit exceeds the budget allowance (B) provided within the budget. As this is a three
year contract, the budget shown represents amounts for term of the contract (Apr 2023 to
Mar 2026). The estimated surplus (E) will be returned to the Tax Capital Reserve account
upon completion of the three year contract.
NSP23-063 Microsoft Enterprise Agreement
Estimated Cost for this Work
Microsoft Enterprise and Select Agreement costs including HST
less: HST rebate on tender
Net Cost Being Awarded
Projected Costs
Total Estimated Cost for this Work
Budget for this Work
Software Capital Budget (2023-2026)
Total Budget for this Work
3,729,000.00
(370,919.84)
3,358,080.16 A
3,358,080.16 C
3,359,000.00
3,359,000.00 B
Estimated Surplus/(Deficit) 919.84 E
The above figures represent the known costs for the Enterprise Agreement software
purchase. Entering this agreement will establish the purchase source for Microsoft software
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licenses for a three-year period. The software will be purchased as needed in accordance
with the procurement by-law.
These purchases could be related to growth (new PCs or staff) or by specific project
requirements and will be funded by various project and divisional budgets as appropriate.
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:
FIN -20-044 - Emergency Procurement - Microsoft Enterprise Agreement
APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services
Department
Page 83 of 137
StaffReport
xmllf t ER finance and Corporate Services Department www.kitchener ca
REPORT TO: Committee of the Whole
DATE OF MEETING: March 20, 2023
SUBMITTED BY: Saleh Saleh, Director of Revenue, 519-741-2200 ext. 7346
PREPARED BY: Feras Abdulhadi, Tax Specialist, 519-741-2200 ext. 7440
WARD(S) INVOLVED: All
DATE OF REPORT: February 27, 2023
REPORT NO.: FIN -2023-101
SUBJECT: Applications for Cancellation, Refund, Reduction of Taxes
RECOMMENDATION:
That the applications to City Council for write-off, cancellation, reduction, or refund of
taxes totalling $295,065.32 as attached to Financial Services Department report FIN -2023-
101, be approved, pursuant to Sections 354 and 357 of the Municipal Act, S.O. 2001, c. 25
("the Act').
BACKGROUND:
Sections 354 and 357 of the Act allow the local municipality to write-off, cancel, reduce or refund
all or part of taxes levied on land in the year in respect of which the application is made for
certain specific reasons as laid out in these sections of the Act.
REPORT:
Twenty-nine applications for adjustment of taxes under Sections 354 and 357 of the Act were
processed, resulting in a net reduction of taxes in the amount of $295,065.32. The required
notices to the affected parties were sent out in accordance with the relevant legislation.
The following table shows a breakdown of the reduction in taxes in this report by the applicable
reason.
Relevant
subsection of the
Act
Reason for Application
Total Taxes
Reduced
357(1)(a)
Ceases to be liable for tax at rate it was taxed
$11,748.00
357(1)(c)
Became exempt
$934.90
357(1)(d)(i)
Razed by fire, demolition or otherwise
$168,383.08
357(1)(d)(ii)
Damaged and substantially unusable
$815.97
357(1)(g)
Repairs/renovations preventing normal use
$113,183.37
Total
$295,065.32
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 84 of 137
STRATEGIC PLAN ALIGNMENT:
The recommendation of this report supports the achievement of the city's strategic vision through
the delivery of core service.
FINANCIAL IMPLICATIONS:
The tax reductions are shared with the Regional Municipality of Waterloo and the School
Boards. The net effect to the City of Kitchener is a reduction in current year revenue, including
a reduction in City levies of $ 65,577.73 and a reduction in BIA levies of $23,461.38 dollars, both
of which are accommodated within the 2023 Operating Budget. The City share forms part of the
year's net supplementary taxes and write-offs, which carries a net revenue budget of $1.1 million
annually.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
council meeting.
The required notices to the affected parties were sent out in accordance with the relevant
legislation under Section 357 of the Act.
ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer.
Page 85 of 137
Staff Report
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Community Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: March 20, 2023
SUBMITTED BY: Mark Hildebrand, Director, Neighbourhood Programs and Services, 519-
741-2200 x 7687
PREPARED BY: Steve Roth, Manager, Community Centres, 519-741-2200 ext. 7077
WARD(S) INVOLVED: All
DATE OF REPORT: March 10, 2023
REPORT NO.: CSD -2023-082
SUBJECT: Neighbourhood Association Affiliation 2023
RECOMMENDATION:
That the list of proposed Neighbourhood Associations, as attached to the Community
Services Department report CSD -2023-082, be approved for affiliation for the year 2023
and added to the City's third -party liability insurance program
h_"fuc'i oll, t""Ip to erIfter h'�xC
REPORT HIGHLIGHTS:
This report supports the delivery of core services.
BACKGROUND:
In July 2002, Kitchener City Council approved the introduction of an Affiliation Policy for
Kitchener Neighbourhood Associations (NAs). This policy and approval/renewal process was
developed in collaboration with staff and Neighbourhood Association (NA) representatives. Its
purpose is to ensure that NA groups on the official list receive access to City of Kitchener
supports and resources. As well, the policy clarifies the role and responsibilities of the NAs and
the City. As outlined in the policy, NAs will:
• Be a voluntary, not-for-profit, non-partisan, non -denominational group based in a
geographic neighbourhood within the borders of the City of Kitchener.
• Be inclusive of and responsive to the needs of the community within the specific
geographic area defined by the group.
• Be open to the public and make this known through communication to the residents of
that neighbourhood by, at a minimum, publishing a contact number or through other
means such as a newsletter.
• Have some level of activity with, at minimum, a contact person.
• Have some structure for accountability.
The City of Kitchener provides affiliated NAs:
• Coverage by a commercial general liability insurance policy, provided through the
Waterloo Region Municipalities Insurance Pool.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 86 of 137
• Access to facilities, program grants, staff assistance and printing for newsletters and
flyers (subject to guidelines and budgetary availability).
REPORT:
The affiliation of NAs is approved and renewed annually for the following reasons:
• To ensure that NAs on the list are active and continue to meet the criteria for affiliation;
• To ensure that the contact information for affiliated NAs is current; and
• To obtain permission to release contact information to the public and staff.
• To ensure a respectful, trusting and collaborative partnership between the City and the
Association.
Please find attached a list of twenty-five NAs being recommended for affiliation with the City of
Kitchener in 2023 (see Appendix A).
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
There are currently no financial implications. Services to NAs are provided through the
Neighbourhood Programs and Services budget and printing process. However, as the
population of the City of Kitchener increases and new neighbourhoods emerge, the current
funding and support available to NAs will need to be reassessed to maintain the vibrancy and
level of support to Kitchener neighbourhoods.
COMMUNITY ENGAGEMENT:
All Neighbourhood Associations interested in being reaffiliated have completed a form verifying
their vision, mandate, programs and interests, and will be informed of affiliation status for 2023,
once approved. Information sharing and collaboration will occur as appropriate with emerging
neighbourhood groups regarding the process for affiliation.
The approved 2023 affiliation list will be shared with internal divisions such as Information
Technology, Clerk's, and Communications to maintain updated information for access by the
public, Council and staff.
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting.
APPROVED BY: Michael May, Deputy CAO, Community Services
ATTACHMENTS: Attachment A — List of 2023 Neighbourhood Associations
Page 87 of 137
Appendix A
2023 Neighbourhood Associations and Ward Councillors
Ward Ward Councillor Neighbourhood Association
WARD ONE
Scott Davey
Stanley Park Community Association
WARD TWO
Dave Schnider
Centreville -Chicopee Community Association
Stanley Park Community Association
WARD THREE
Jason Deneault
Doon Pioneer Park Community Association
Grand Hill Village Neighbourhood Association
Settler's Grove Association
WARD FOUR
Christine Michaud
Caryndale Neighbourhood Association
Lower Doon Neighbourhood Association
Doon Pioneer Park Community Association
WARD FIVE
Ayo Owodunni
Huron Community Association
Williamsburg Community Association
WARD SIX
Paul Singh
North Six Neighbourhood Association
Alpine Community Association
Country Hills Recreation Association
WARD SEVEN
Bit loannidis
Forest Heights Community Association*
WARD EIGHT
Margaret Johnston
Cherry Park Neighbourhood Association
Forest Heights Community Association*
Greenbelt Neighbourhood Association
Victoria Hills Neighbourhood Association
Westmount Neighbourhood Association
WARD NINE
Debbie Chapman
Cherry Park Neighbourhood Association
Cedar Hill Community Group
Highland -Stirling Community Group
Mill -Courtland Neighbourhood Association
Victoria Park Neighbourhood Association
Downtown Neighbourhood Alliance
WARD TEN
Aislinn Clancy
Auditorium Neighbourhood Association
Central Frederick Neighbourhood Association
Eastwood Neighbourhood Association
Mt -Hope Breithaupt Park Neighbourhood Association
Olde Berlin Towne Neighbourhood Association
* Affiliation is conditional on the Association agreeing to, and abiding by, a series of behavioural expectations
outlined by the City that are intended to build a respectful, trusting and collaborative partnership between the
City and the Association.
Page 88 of 137
Staff Report
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Corporate Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: March 20, 2023
SUBMITTED BY: Dog Designation Appeal Committee
PREPARED BY: Mariah Blake, Committee Administrator, 519-741-2200 ext. 7277
WARD(S) INVOLVED: All
DATE OF REPORT: March 7, 2023
REPORT NO.: COR -2023-124
SUBJECT: Dangerous Dog Designation Appeal — Johnson
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal filed by
D. Johnson, wherein the Committee affirms the Dangerous Dog Designation applied to
the dog `Misty' by the Humane Society of Kitchener -Waterloo and Stratford Perth, be
ratified and confirmed with modified conditions.
REPORT HIGHLIGHTS:
• On December 8, 2022, the Humane Society of Kitchener -Waterloo and Stratford Perth
designated "Misty" as a Dangerous Dog.
• Officer S. Canavan designated "Misty" as dangerous due to an incident that occurred where
the dog attacked with a lack of mitigating factors.
• The Committee affirmed the Dangerous Dog Designation.
• This report supports the delivery of core services.
BACKGROUND:
On December 8, 2022, the Humane Society of Kitchener -Waterloo and Stratford Perth
designated 'Misty', a dog owned by D. Johnson, as a Dangerous Dog. The designation was
applied after determining that on November 26, 2022, `Misty' attacked a dog and person without
provocation in contravention to City of Kitchener By-law 2014-142 (Being a By-law with respect
to the designation of Potentially Dangerous, Dangerous, Prohibited and Restricted Dogs). On
December 13, 2023, the Office of the City Clerk subsequently received correspondence from D.
Johnson appealing the Dangerous Dog Designation; and a Notice of Hearing was issued to the
Respondent and Appellants, advising on March 7, 2023, a hearing of the Dog Designation
Appeal Committee would be held to consider the matter. The Committee heard and considered
evidence from all parties and found that due to the severity of the attack, and the lack of
substantive mitigating factors, the Dangerous Dog Designation should be confirmed.
REPORT:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 89 of 137
The Dog Designation Appeal Committee established by the Council of the Corporation of the
City of Kitchener pursuant to City of Kitchener Municipal By-law 2014-142 and the Statutory
Powers Procedures Act R.S.O 1990 Chapter S.22, sat on March 7, 2023, to consider an appeal
filed with the City by D. Johnson, and reports as follows:
The Committee considered the following:
• testimony provided on behalf of the Respondent by Officer S. Canavan, Kitchener -
Waterloo and North Waterloo Humane Society, which demonstrates `Misty' was involved
in an incident on November 26, 2023, where `Misty' did attack a dog and person without
provocation;
• testimony and photographic evidence from D. Ferrari, Witness for the Respondent,
regarding an incident on November 26, 2023 at the rear of a residential complex
municipally addressed as 60 Centreville Street where `Misty' attacked their dog `Chelsea'
and while trying to separate the dogs, D. Ferrari then sustained bite wounds on their
hands;
• testimony of D. Johnson, Appellant and Dog Owner, acknowledging that the dog attack
incident on November 26, 2023 did occur; and made a request to the Committee to
rescind the Designation based on the fact that the Kitchener -Waterloo and North Waterloo
Humane Society implied the designation was warranted due to the incident being a
second offence, when in fact `Misty' is just over one-year old and the previous incident on
record at the Humane Society is prior to the dog being in their possession.
In addition, the Committee reviewed and considered the provisions of City of Kitchener Municipal
By-law 2014-142 and recommends that having considered all of the evidence and exhibits
presented during the Hearing regarding the incidents, the Dangerous Dog Designation applied
to `Misty' be confirmed with modified conditions.
The modifications to the requirements for keeping of the Dangerous Dog include;
- an amendment to the condition imposed in the initial decision related to the warning sign,
to require the owner to maintain a "beware of dog sign", as well as
- an additional condition to require the dog owner to ensure that the designated dog is
sterilized and shall provide proof satisfactory to the animal services provider that such a
procedure has been performed within 30 days of the designation being a confirmed
designation.
The Committee hereby recommends the designation of Dangerous Dog applied to "Misty," be
affirmed; and pursuant to By-law 2014-142, assigns the following modified conditions for the
keeping of said Dangerous Dog:
a) The owner shall ensure that all conditions pertaining to the dog when it is off the property
of the owner including any leashing and muzzling requirements are complied with in any
City Off -Leash Park unless specified otherwise in this designation;
b) The owner shall ensure that the animal services provider is provided with the new address
and telephone number of the owner within two working days of moving the designated
dog;
c) The owner shall provide the animal services provider with the name, address and
telephone number of the new owner within two working days of selling or giving away the
designated dog;
Page 90 of 137
d) The owner shall advise the animal services provider within two working days of the death
of the designated dog;
e) The owner shall advise the animal services provider forthwith if the designated dog runs
at large or has bitten or attacked any person or animal;
f) The owner shall provide a copy of this designation to any person who keeps or harbors
the designated dog;
g) The owner shall provide a copy of this designation to any veterinarian treating the
designated dog and within the veterinarian's premises shall be exempt from the
requirements of this designation to the extent necessary to secure veterinary treatment
for the dog at the discretion of the veterinarian;
h) The owner shall ensure that the designated dog has a current City dog license;
i) The owner shall ensure that the designated dog wears the tag or tags provided by the
animal services provider at all times and shall pay the reasonable cost for such tag or
tags;
j) The owner shall ensure that the designated dog is kept, when it is on the lands and
premises of the owner, confined:
a. Within the dwelling;
b. The owner shall ensure that the designated dog wears a securely attached muzzle
that is satisfactory to the animal services providers at all times when it is off the
owner's property and not caged or otherwise penned or confined to the satisfaction
of the animal service provider
k) The owner shall ensure that a "Beware of Dog" warning sign is displayed at the entrance
to the owner's dwelling which a person would normally approach and at any other place
on the property as directed by the animal services provider. The sign(s) shall be posted
in such a manner that it/they cannot be easily removed by passerby and the sign posted
at the entrance which a person would normally approach must be clearly visible to a
person approaching the entrance, or, when in a multiple unit dwelling, the owner will
provide the name of the property owner and property manager if any and allow the animal
services provider to request that person to post a sign or signs;
1) The owner shall ensure that the designated dog is not kept or harbored in a multiple unit
dwelling or lodging house and where the owner's current dwelling is a multiple unit
dwelling or lodging house the dog may be kept or harbored at other premises subject to
all the conditions imposed on the keeping of the dog pursuant to this designation;
m) The owner shall ensure that the designated dog is microchipped by a licensed
veterinarian and supply the microchip information to the animal services provider. The
owner shall also permit the animal services provider to verify the implantation of such
microchip.
n) The owner shall ensure that the designated dog is sterilized and shall provide proof
satisfactory to the animal services provider that such a procedure has been performed
within 30 days of this designation becoming a confirmed designation.
STRATEGIC PLAN ALIGNMENT:
The recommendation of this report supports the achievement of the city's strategic vision through
the delivery of core service.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this report.
Page 91 of 137
COMMUNITY ENGAGEMENT:
INFORM — All those in attendance at the March 7, 2023 Hearing were advised of the
Committee's decision and that it would be considered at the March 20, 2023 Council meeting as
required in the By-law. In addition, a Notice of Decision was sent to the Appellant and the
Respondents via email and registered mail on March 13, 2023; thereby, further notifying both
parties of when the Committee's decision would be considered by Council and the process for
registering as a delegation.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
ACKNOWLEDGED BY: Victoria Raab, General Manager, Corporate Services
Page 92 of 137
Staff Report
Development Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: March 20, 2023
SUBMITTED BY: Garett Stevenson, Interim Director, Planning, 519-741-2200 ext.
7070
PREPARED BY: Natalie Goss, Manager, Policy & Research, 519-741-2200 ext. 7648
Garett Stevenson, Interim Director, Planning 519-741-2200 ext. 7070
WARD(S) INVOLVED: ALL
DATE OF REPORT: March 15, 2023
REPORT NO.: DSD -2023-063
SUBJECT: City of Kitchener Municipal Housing Pledge
RECOMMENDATION:
That the Municipal Housing Pledge attached as Attachment "B" to report DSD -2023-
063 titled "City of Kitchener Municipal Housing Pledge" be submitted to the Province
as the City of Kitchener's Municipal Housing Pledge.
REPORT HIGHLIGHTS:
• The purpose of this report is to outline Kitchener's municipal housing pledge as
requested by the Province of Ontario.
• Kitchener is well positioned to enable the supply of an additional 35,000 homes by 2031
• Staff recommend that Kitchener's municipal housing pledge include the continued
commitment of work that is already in progress in the areas of streamlining development
approvals; missing middle housing; land use and zoning updates in Major Transit
Station Areas and designated greenfield areas; surplus city owned lands; infrastructure
investments, affordable housing, and; continuing partnerships with the Federal and
Provincial governments, development industry, and educational institutions.
• Kitchener's municipal housing pledge focuses on actions a municipality can take. The
private sector is needed to build market housing in Ontario and municipalities cannot
require private development to proceed.
• There are no impacts on the capital or operating budget.
• This report was posted on the city's website as part of the agenda.
• This report supports the delivery of core services.
EXECUTIVE SUMMARY:
On October 25, 2022, the Minister of Municipal Affairs and Housing sent a letter to 29
municipalities providing individual housing targets and requesting a municipal housing
pledge. The City of Kitchener has been provided a housing target of building 35,000
additional homes by 2031. Kitchener was also requested, like other municipalities, to
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 93 of 137
develop a municipal housing pledge outlining strategies and actions that Kitchener will do
to prioritize and accelerate housing. This report outlines the strategies and actions that
Kitchener will take to support the building of 35,000 additional homes by 2031.
Kitchener is committed to accelerating housing supply and taking necessary steps to
facilitate 35,000 additional homes by 2031. The strategies and actions described in this
report and specifically outlined in Attachment B, form Kitchener's municipal housing pledge
and will be delivered the Minister of Municipal Affairs and Housing prior to the extended
deadline of March 22, 2023.
Kitchener's Municipal Housing Pledge
Tackling the housing crisis locally means everyone needs to work together— building on our
proven barnraising approach that includes all orders of government, the private sector, the
not-for-profit sector, educational institutions, and most importantly, all Kitchener residents to
help build a stronger Kitchener and a stronger Ontario.
Delivering 1.5 million homes in Ontario, including 35,000 in Kitchener will require the
provincial and federal governments to invest in change and municipalities to do their part to
efficiently enable additional housing supply. We will rely on the private sector as a vital
partner in the delivery of homes and will leverage and build upon our strong working
relationship with development industry partners that includes active collaboration to improve
all aspects of the housing supply process. We will also work with our educational institutions
and the not-for-profit sector to bring about effective new models for housing affordability and
the skilled people to make them happen.
Our growing and vibrant community will continue to welcome new people in all
neighbourhoods in a variety of housing forms as we grow and change.
By working together across the Province, we can help resolve Kitchener and Ontario's
housing crisis. We will get it done.
1. Updates to Kitchener's Official Plan and Zoning By-law to further enable an increased
supply of missing middle housing;
2. Continuing digital improvements and online public portal development; online booking
system; mobile technology for onsite inspections; and other process improvements
resulting from the implementation of Bill 109;
3. Completion of the City -owned property review and continued work towards strategies to
use surplus or underutilized City lands for the development of affordable, community,
below market rental, and/or below market ownership housing units;
4. Continued advancement of infrastructure as anticipated in Kitchener's 2022
Development Charge Background Study for the time being, using development charge
funding as permitted and other tools such as credit/refund agreements; however, funding
is anticipated to become constrained and could impact future greenfield growth, and;
5. Continued advancement of work on updates to land use and zoning within its Major
Transit Station Areas;
6. Continued work to update land use and zoning within the Hidden Valley Secondary Plan
and Dundee North Secondary Plan;
Page 94 of 137
7. Continued work to implement the recommendations and action items from Kitchener's
Housing for All Strategy, specifically including those that enable an increased housing
supply or streamlining development approvals;
8. Continued collaboration with the Waterloo Region Home Builder Association and
Kitchener Development Liaison Committee, and others, to identify labour shortages and
costs, material costs, infrastructure timing, economic market conditions, and land supply
and housing capacity;
9. Continuation of work with post -secondary institutions, where able, to respond to the
evolving workforce needs including building a necessary talent pool;
10. Continued collaboration with Provincial, and Federal governments to develop strategies
to increase housing supply capacity including the identification of funding required for
infrastructure, and;
11. Tracking and monitoring housing supply capacity, housing starts (i.e., building permits)
for new housing projects, including attainable, supportive, and affordable housing
projects, through the Annual Growth Management Monitoring report.
BACKGROUND:
On October 25, 2022, the Minister of Municipal Affairs and Housing sent a letter to the City
of Kitchener providing Kitchener with a housing target of building 35,000 additional homes
by 2031. The letter also included a request that the City of Kitchener develop a municipal
housing pledge outlining strategies and actions that Kitchener will do to prioritize and
accelerate housing. (Attachment A). The Minister of Municipal Affairs and Housing, in a
subsequent letter dated February 13, 2023, requested that municipal housing pledges be
submitted by March 22, 2023.
Kitchener has a long-standing history of managing growth through its Growth Management
Strategy and Growth Management Plan, and enabling housing supply through its Official
Plan (i.e. directing growth to intensification areas like the Urban Growth Center and nodes
as well as generally throughout Kitchener) and forward thinking zoning. For example, since
the mid-1990s Kitchener has enabled 2 dwelling units (i.e., duplexes) on most residentially
zoned properties. Additionally, Kitchener has prioritized continuous improvement as
demonstrated with its Development Services Review (2019) which was acknowledged by
the Minister of Municipal Affairs and Housing as part of the announcement of Bill 23 on
October 25, 2022.
This report provides an overview of Kitchener's historical housing trends and estimated
capacity in its built-up and designated greenfield areas. Further, this report outlines the
strategies and actions that are recommended to form Kitchener's municipal housing pledge.
This is the first of a series of staff reports to be presented to Council for consideration in
2023-2024+ which focuses on housing related studies and initiatives. The graphic below
depicts the planned updates for Council in the next 12 months.
Page 95 of 137
lIN
Municipal Housing Bill 13, Bill 23, Bill 109 r r shared Accommodations I I Evictions & Displacement
Pledge Implementation Plan By-law (incl. Lodging House) Toolkit Implementation
Lower Doon Land Use Rental Replacement By-law
Study Implementation Irrrplernentation
Missing Middle and Eviction & Displacement Eviction & Displacement
Affordable Housing Study Webpage & online Toolkit Options
Update Reporting Update
Rental Replacement By-law
Inclusionary Zoning Information Report
Direction
Growing Together
Implementation
Inclusionary Zoning
Implementation
REPORT:
The Minister of Municipal Affairs and Housing's October 2022 letter includes suggestions
for what municipalities may wish to incorporate in their pledges. These suggestions include:
• Enabling gentle intensification including the expedition of additional residential units;
• Outlining ways that provincial programs have been used to streamline existing
municipal development approvals processes;
• Information on development approval timelines including whether municipalities are
being appealed for non -decisions,
• Strategies for using surplus municipal lands;
• Opportunities to advance critical infrastructure to support growth and new housing,
• Prioritizing decisions to expedite housing in priority areas like major transit station
areas (MTSAs); and,
• Updating zoning by-laws to permit a greater range of housing.
The Numbers
The Province has provided Kitchener a housing target of building 35,000 additional homes
by 2031. Over the last 10 years, the City issued permits for 22,657 residential units,
approximately 12,300 units less than Kitchener's provincial housing allocation to 2031.
However, in both 2019 and 2020 building permits were issued for more than 3,500
residential units. These years were outliers and were marked by significant Downtown
multiple dwelling (i.e., apartment) construction boom spurred in part by the sunsetting of
development charge exemptions and the opening of the ION light rail transit system.
Current estimated capacity
With the final stages of Kitchener's new Zoning By-law complete and in effect earlier this
year, zoning is now in place to enable approximately an additional 95,000 residential units
as -of -right. The full build -out of these units is not expected to occur in the short or medium
term and in many instances may be challenging to realize once individual sites are explored
in more detail through site design processes. A full build out of an additional 95,000
residential units through low rise infill development (e.g., duplex, triplex, detached accessory
Page 96 of 137
dwelling unit, etc.) would require most residentially zoned properties to utilize these
increased zoning permissions.
Within Kitchener's existing designated greenfield area, there is the potential for an additional
approximately 35,000 to 36,000 residential units. These units are in various stages of the
development approvals process with approximately 32% available to be constructed in the
short term (i.e., in registered plans of subdivision) and the balance subject to secondary
planning processes or significant infrastructure (e.g., sewer, water, road extensions).
Kitchener's Municipal Housing Pledge
As outlined above, the City has existing capacity and has initiated planning processes to
increase housing supply to enable the construction of housing units to meet the Province's
Housing Pledge Target. Additionally, the City has completed a systematic development
review process to identify and implement several initiatives that will enable the building of
35,000 new homes. The following are the strategies and actions that Kitchener commits to
continuing as part of its municipal housing pledge.
Enabling Gentle Intensification (Missing Middle Housing)
Since the mid-1990s Kitchener's Zoning By-law has removed exclusionary zoning (i.e.,
single use zones). Certain forms of missing middle housing, such as duplexes and triplexes
have been permitted on most serviced residential lots. In 2021, Kitchener was one of the
first municipalities in Ontario to update its Zoning By -Law to allow for detached additional
dwelling units (tiny houses) on over 25,000 lots. To date Kitchener has received 37
applications for additional dwelling units with some already occupied.
In August 2022 Region of Waterloo Council approved an amendment to their Official Plan
that, among other things, requires area municipalities, including Kitchener, to permit
neighbourhood missing middle housing, including multiple dwellings between two and four
storeys across all residential neighbourhoods. Mid -rise housing is also permitted and
encouraged in Regional transportation corridors, like Ottawa Street.
Through Provincial Streamline Development Approval funding, Kitchener is studying ways
to enable and incent missing middle and affordable housing. Specifically, through this study
key market, policy, regulatory, and process barriers are being explored to enable the delivery
of a full range of housing types (including missing middle and mid -rise housing). The study
is also looking at opportunities available to address barriers to increase housing supply and
diversity to create more housing opportunities across the housing continuum. This study will
provide the foundation for future updates to Kitchener's Official Plan and Zoning By-law to
align with Provincial, Regional, and local direction on and enable increased as of right supply
of missing middle housing.
1. Kitchener's municipal housing pledge includes updates to Kitchener's Official
Plan and Zoning By-law to further enable an increased supply of missing
middle housing.
Provincial Programs and Streamlining Development Approvals
In recent years, the City has prioritized continuous improvement as demonstrated with the
Development Services Review in 2019. This resulted in the creation of a customer -informed
workplan that included 18 lean improvement projects involving over 111 staff. Since that
Page 97 of 137
time, several streamlining projects have been initiated with the support of provincial funding
along with a reorganization of the Planning Division to incorporate a Project Management
function. This body of work is focused on implementing the recommendations from the
Provincially funded 2021 KPMG report on Digital Transformation, as well as ongoing work
funded by the Province through their Streamline Development Approvals Fund. This
includes:
• Digital Improvements and Online Public Portal Development. Various initiatives are
underway to improve the efficiency of the software used for processing development
applications, including the development of a new, public -facing portal for applicants;
• Online Booking System. The development of an online booking system is underway
for a variety of planning meetings including pre -submission consultations and Site
Plan Review Committee meetings. This project is aligned closely with the
implementation of the City's customer service review to ensure a consistent user
experience across all corporate customer meeting requests, and;
• Mobile Technology for Onsite Inspections. An evaluation of mobile technology needs
to better support development review and inspections was conducted in late 2022 to
identify gaps or inefficiencies in the existing process that can be streamlined. The
order and subsequent training on new mobile devices is currently underway.
This provincially funded work will to continue to refine processes and is supported by the
creation of a continuous improvement culture driven by the Development Services Review.
Additionally, staff continue to explore opportunities for process improvements and
streamlining the development approvals process as part of the implementation of Bill 109.
2. Kitchener's municipal housing pledge includes continuing digital
improvements and online public portal development; online booking system;
mobile technology for onsite inspections; and other process improvements
resulting from the implementation of Bill 109.
Strategies for Using Surplus Lands
As first identified in the 2019-2022 Strategic Plan, a comprehensive review of City -owned
properties is being completed with the goal to determine how any surplus lands could be
effectively used to advance Kitchener's strategic objectives, including the provision of
affordable housing. Kitchener's Housing for All strategy also includes three action items that
are underway relating to the use of City lands to enable community housing, below market
rental and below market ownership units.
3. Kitchener's municipal housing pledge includes completion of the City -owned
property review and continued work towards strategies to use surplus or
underutilized City lands for the development of affordable, community, below
market rental, and/or below market ownership housing units.
Opportunities to Advance Critical Infrastructure Investments
In May 2022 Kitchener Council approved a new Development Charge (DC) By-law which
includes the continued advancement of key pieces of growth -related engineering
infrastructure such as Strasburg Road, Huron Road, the Upper Hidden Valley Pumping
Station, and Dodge Drive Sanitary Sewer. It also includes significant community amenities
like the Aquatics Centre and Indoor Turf Field at Schlegel Park. In anticipation of these
large, growth -related projects, the City has been building up its DC reserve in advance as a
Page 98 of 137
course of prudent financial management. It is expected these major project expenses will
drive the DC reserve into deficit as early as 2024 and remain there until 2032. The DC
reserve will recover over a number of years as greenfield lands move through the
development approvals process and infrastructure to service these lands comes online.
It is the City's plan to continue to advance the installation of growth -related infrastructure
and ensure, through its growth management program that it is aligned with the anticipated
timing of growth. However, staff continue to note the financial impacts of the More Homes
Built Faster Act, 2022 (Bill 23) will place additional challenges on municipalities to fund
growth related infrastructure. City staff intend to monitor the impacts of Bill 23 to Kitchener's
DC reserve and will advance a discussion with Council in the future about the options
available to the City if DC revenues are reduced (e.g., issue more DC debt, defer projects,
allow developers to fund projects and be reimbursed through a credit/refund agreement). It
is expected that the implications of Bill 23 will be reflected as part of the 2024 and
subsequent budget processes.
4. Kitchener's municipal housing pledge includes the continued advancement of
infrastructure as anticipated in Kitchener's 2022 Development Charge
Background Study for the time being, using development charge funding as
permitted and other tools such as credit/refund agreements; however, funding
is anticipated to become constrained and could impact future greenfield
growth.
Prioritizing decisions to expedite housing in priority areas like Major Transit Station
Areas
Kitchener has made significant progress on updating land use and zoning permissions
within its Major Transit Station Areas (MTSAs). With Regional Council's approval of MTSA
boundaries and updated Regional Official Plan policies in August 2022, pending Provincial
approval, Kitchener can now complete the final stages of this work which includes updates
to its Official Plan, Zoning by-law and the incorporation of an inclusionary zoning framework.
At this time, it is anticipated that relevant amendments will be brought forward for Council's
consideration in late 2023.
Within Kitchener's MTSAs, pending the completion of community engagement and Council's
consideration of land use changes, and in alignment with Provincial and Regional direction,
staff estimate a potential for approximately 66,000 units above current zoning permission
for a total capacity of approximately 89,000 new housing units. The estimated residential
unit potential represents possible maximum zoning permissions that are above and beyond
what is reasonably expected to be built within the next ten years and will most certainly take
several decades and beyond to begin to approach maximum zoning permissions.
5. Kitchener's municipal housing pledge includes continued advancement of
work on updates to land use and zoning within its Major Transit Station Areas.
Update Zoning By-laws to permit a greater range of housing
In addition to planned updates to Kitchener's Official Plan and Zoning By-law to enable more
missing middle housing and an increased supply of housing within MTSAs, lands within
Hidden Valley and Dundee North are currently being planned for updated land uses through
in progress secondary planning. While the Hidden Valley lands have long been within
Page 99 of 137
Kitchener's urban area, the Dundee North lands were added as part of Kitchener's urban
area through final approvals on the Region's Official Plan in 2015 and Kitchener's Official
Plan in 2019. These secondary planning processes will ultimately result in Official Plan
amendments that will provide the framework to guide the development of new communities
in these areas. Staff currently estimate that the City may need to plan to add approximately
7,000 to 8,000 new housing units within these areas to meet the greenfield density target
set in the Region's Official Plan. Some of these lands are anticipated to be built within the
next 10 years, but the majority is longer term land supply. Longer term land supply could be
brought online sooner if required in response to stronger the expected greenfield unit growth.
Full build out of these areas is expected to extend well beyond 2031. However, there is the
potential for portions or all these lands to be brought online sooner in response to stronger
than expected greenfield growth once secondary planning processes are complete and
infrastructure is planned and financed.
6. Kitchener's municipal housing pledge includes the continued work to update
land use and zoning within the Hidden Valley Secondary Plan and Dundee
North Secondary Plan.
Housing Affordability
In December 2020 Kitchener Council approved Kitchener's Housing for All Strategy
establishing Kitchener's priorities on housing affordability. Much work has been advanced
since December 2020 on action items several of which are related to housing supply and
streamlining/fast tracking development approvals. These are:
• Continuing to improve the development approvals process with input from the
development industry and community
• Fast tracking non-profit and affordable housing developments through city processes
• Working with the Region of Waterloo to delineate Major Transit Station Areas in the
Region's Official Plan
• Continue ongoing work to identify city lands suitable for others to develop for
affordable housing and incorporation of community housing, below market rental and
below market ownership units
• Piloting two city sites (one has been granted occupancy) that include community
housing in proximity to transit/major transit station areas
• Continue work on the development of a strategy for the use of city lands for affordable
housing and play a leadership role in advancing innovative mixed housing
communities as a model for other Canadian communicates to replicate
• Continue work on assessing the feasibility and implications of policy updates for
inclusionary zoning; lodging houses; tenant assistance; reduced parking for
affordable housing developments; and a community improvement plan for affordable
housing
7. Kitchener's municipal housing pledge includes continued work to implement
the recommendations and action items from Kitchener's Housing for All
Strategy specifically including those that enable an increased housing supply
or streamlining development approvals.
Collaboration with Industry, Educational Partners, and other levels of government
Page 100 of 137
Industry partners
Kitchener alone cannot deliver the building of 35,000 additional housing units in the city by
2031. Staff acknowledge that there are other factors at play that influence the development
of housing, such as residential real estate market conditions, interest rates, construction
costs, labour availability, and the overall health of the economy. Movement in many of these
factors at the same time, as we are currently experiencing locally and nationally, can create
uncertainty with respect to the financial feasibility of housing development. Furthermore, the
City can approve development applications, yet it does not have the ability to ensure market
rate housing is delivered by the private sector. The City recognizes the significant role that
the private sector plays in the delivery of 35,000 homes in Kitchener by 2031. Kitchener has
a good working relationship with development industry partners that includes an active
exchange of information to learn, understand, and improve on all aspects of the housing
supply process.
8. Kitchener's housing pledge includes continued collaboration with the Waterloo
Region Home Builder Association and Kitchener Development Liaison
Committee, and others, to identify labour shortages and costs, material costs,
infrastructure timing, economic market conditions, and land supply and
housing capacity.
Educational partners
Earlier in March the Province announced additional support to help more students enter
skilled trades earlier. Kitchener also recognizes the importance role that post -secondary
institutions play in education and training of a workforce to deliver the construction of
additional housing.
9. Kitchener's municipal housing pledge includes the continuation of work with
post -secondary institutions, where able, to respond to the evolving workforce
needs including building a necessary talent pool.
Provincial and Federal Governments
Addressing the housing supply crisis requires all levels of government, community, and
industry partners to use all tools available in coordinated, managed and collaborative way.
Kitchener acknowledges the efforts and funding that have been provided to date by the
Federal Government's National Housing Strategy and Rapid Housing Initiative funding and
the Provincial Government's action plan for community housing renewal under the National
Housing Strategy as well as the Community Infrastructure and Housing Accelerator.
Kitchener continues to be committed to working with all levels of government on updated
and new long-term, permanent municipal funding strategies to increase housing supply
capacity including the identification of funding required for infrastructure.
10. Kitchener's municipal housing pledge includes continued collaboration with
Provincial, and Federal governments to develop strategies to increase housing
supply capacity including the identification of funding required for
infrastructure.
Annual Reporting
In February the Province posted a Regulation requiring municipal reporting on certain
planning matters. Since 2010 Kitchener has been monitoring its growth on an annual basis.
Page 101 of 137
This monitoring has tracked the number of development opportunities and progress on
meeting intensification and density targets. Kitchener is well positioned to continuing
monitoring on growth, housing supply and other related targets in a way that is consistent
with the proposed Provincial regulation. Kitchener will also continue to report on its progress
on the Housing for All Strategy and other matters related to affordable and attainable
housing.
11.As part of Kitchener's municipal housing pledge, it will also track and monitor
housing supply capacity, housing starts (i.e., building permits) for new housing
projects, including attainable, supportive, and affordable housing projects,
through the Annual Growth Management Monitoring report.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
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:
INFORM — This report has been posted to the City's website with the agenda in advance of
the council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
DSD -2022-501 Bill 23 — More Homes Built Faster Act
REVIEWED BY: Ryan Hagey, Director, Financial Planning and Reporting
Janine Oosterveld, Manager, Customer Experience and Project
Management
Danielle Sbeiti, Manager, Realty Services
APPROVED BY: Justin Readman, General Manager Development Services Department
ATTACHMENTS:
Attachment A — Provincial Housing Pledge Letter — October 25, 2022
Attachment B — City of Kitchener's Municipal Housing Pledge
Page 102 of 137
Ministry of
Municipal Affairs
and Housing
Office of the Minister
777 Bay Street, 17'h Floor
Toronto ON M7A 2J3
Tel.: 416 585-7000
Ministbre des
Affaires municipales
et du Logernent
Bureau du ministre
777, rue Bay, 17e 6tage Ontario
Toronto ON M7A 2J3
T61.: 416 585-7000
234-2022-4625
October 25, 2022
City Clerk/Director of Legislated Services
City of Kitchener
P.O. Box 1118
200 King Street West
Kitchener Ontario N2G 4G7
Subject: Municipal Housing Targets and Municipal Housing Pledges
City of Kitchener: 35,000
Dear Amanda Fuscho,
Our government is taking bold and transformative action to get 1.5 million homes built
over the next 10 years.
To help fulfill this commitment, we have announced and are implementing More Homes
Built Faster: Ontario's Housing Supply Action Plan 2022-23. This plan includes a suite
of legislative and non -legislative changes across government that will help unlock more
housing, streamline development approvals, remove barriers, accelerate planning, and
further protect homebuyers and owners.
To support the new action plan, we have introduced the More Homes Built Faster Act,
2022, which, if passed, would ensure that cities, towns, and rural communities grow with
a mix of ownership and rental housing types that meet the needs of all Ontarians.
To achieve the goal of building 1.5 million homes, large and fast-growing municipalities,
including yours, are being assigned a Municipal Housing Target. While municipalities
have taken significant steps in increasing their housing supply, Ontario needs an
unprecedented amount of housing to meet current demand and that of generations to
come. Our government requires a commitment from our municipal partners to do their
part in providing housing for future population growth.
To implement the 1.5 million homes target I am asking the City of Kitchener to
demonstrate its commitment to accelerating housing supply by developing a Municipal
Housing Pledge and take the necessary steps to facilitate the construction of 35,000
new homes in your community by 2031. 1 ask that you bring this letter to the attention of
your Head of Council so that your municipality is positioned to deliver its pledge to me,
the Minister of Municipal Affairs and Housing, by the March 1, 2023, deadline. See the
Page 103 of 137
info sheet attached to this letter for information and considerations in developing a
Municipal Housing Pledge.
Pledges will provide important information that showcase the strategies and actions that
municipalities choose to adopt in order to prioritize and accelerate housing. Our
government intends to use your pledges to monitor and track progress so we can
continue to play a role in supporting municipalities and removing barriers to housing
development.
Our government recognizes the key role that municipalities will play in implementing
Municipal Housing Targets through their Municipal Housing Pledges and know that you
share the desire to bring more housing to the people of Ontario. We are committed to
addressing the policy and implementation barriers you may encounter as you develop
your pledges and I encourage you to reach out to Wendy Ren, Executive Lead,
Municipal Policy/Program Collaboration, at Wendy. Ren _ontario.ca or 437-995-7094, if
you have any questions, comments, or suggestions.
I look forward to working together to increase housing supply for all Ontarians.
Sincerely,
Steve Clark
Minister
Encl.
c: The Honourable Michael Parsa, Associate Minister of Housing
Kate Manson -Smith, Deputy Minister
Ryan Amato, Chief of Staff, Minister's Office
Joshua Paul, Assistant Deputy Minister, Housing Division
Page 104 of 137
Info Sheet: Considerations in Develoaina Municipal Housina Pledae
The pledge is not intended to be a land -use planning document, and its development
should not require external technical expertise. The format and language used in the
pledge should be accessible to the general public. The pledge is intended to be
approved by municipal councils and should help codify Council's commitment to
meeting their municipal housing target.
Municipalities can leverage new and existing policy tools as they develop housing
pledges and work towards their housing targets.
Below is a non -exhaustive list of potential strategies and actions that municipalities may
include in developing their housing pledges. There may be additional opportunities
based on local circumstances and the Province is interested in hearing about those
ideas and creative solutions.
• Strategies to encourage and promote gentle intensification to enable and
expedite additional residential units in existing residential areas
• Outline ways in which funding under provincial programs, such as the Streamline
Development Approval Fund (SDAF) or Municipal Modernization Program
(MMP), has been used to streamline existing municipal development approval
processes
• Information on municipal development approval timelines and whether
municipalities are being appealed for non -decisions
• Identify potential measures where current lack of infrastructure capacity (e.g.,
water/wastewater servicing) may limit future housing development
• Strategies to use municipal surplus lands
• Commitment to plan for, fund, and approve (where applicable) specific critical
municipal infrastructure to support growth and new housing (e.g., water,
wastewater, transit etc.), which may include expanded capacity as well as fully
new facilities/assets
• Priorities for strategic and site-specific planning decisions to expedite housing in
priority areas (e.g., around transit stations and in transit -serviced areas)
• Update zoning by-laws to permit a greater range of housing to be built without the
need for costly and lengthy rezoning applications
• Municipalities may also consider existing tools such as the Community
Infrastructure and Housing Accelerator, Community Planning Permit System,
Major Transit Station Areas, and Protected Major Transit Station Areas.
Below are some of the potential components of a municipal housing pledge.
Municipalities are free to choose, alter, or add any new components that seem
reasonable. Pledges can be represented in the form of plain text, tables, charts, maps,
or a combination of them.
• Municipal Housing Target
Page 105 of 137
• Planned and proposed Municipal Initiatives
• Initiative Owner and Additional Stakeholders
• Context and Description of How Initiative Accelerates Housing
• Number of units per initiative and housing type
• Considerations (Barriers, Implementation, Risks, etc.)
• Potential Mitigation Strategies and Proposal to Accelerate Housing
• Potential Reporting and Monitoring Measures
The deadline for municipalities to submit housing pledges to the Minister of Municipal
Affairs and Housing is March 1, 2023.
Municipal housing pledges are intended to be public documents and it's anticipated that
municipalities will post them online.
Municipalities can contact Ministry staff with any questions and for clarification.
Page 106 of 137
Attachment B to report DSD -2023-063
City of Kitchener Municipal Housing Pledge
Tackling the housing crisis locally means everyone needs to work together — building on
our proven barnraising approach that includes all orders of government, the private
sector, the not-for-profit sector, educational institutions, and most importantly, all
Kitchener residents to help build a stronger Kitchener and a stronger Ontario.
Delivering 1.5 million homes in Ontario, including 35,000 in Kitchener will require the
provincial and federal governments to invest in change and municipalities to do their part
to efficiently enable additional housing supply. We will rely on the private sector as a vital
partner in the delivery of homes and will leverage and build upon our strong working
relationship with development industry partners that includes active collaboration to
improve all aspects of the housing supply process. We will also work with our educational
institutions and the not-for-profit sector to bring about effective new models for housing
affordability and the skilled people to make them happen.
Our growing and vibrant community will continue to welcome new people in all
neighbourhoods in a variety of housing forms as we grow and change.
By working together across the Province, we can help resolve Kitchener and Ontario's
housing crisis. We will get it done.
1. Updates to Kitchener's Official Plan and Zoning By-law to further enable an increased
supply of missing middle housing;
2. Continuing digital improvements and online public portal development; online booking
system; mobile technology for onsite inspections; and other process improvements
resulting from the implementation of Bill 109;
3. Completion of the City -owned property review and continued work towards strategies
to use surplus or underutilized City lands for the development of affordable,
community, below market rental, and/or below market ownership housing units;
4. Continued advancement of infrastructure as anticipated in Kitchener's 2022
Development Charge Background Study for the time being, using development charge
funding as permitted and other tools such as credit/refund agreements; however,
funding is anticipated to become constrained and could impact future greenfield
growth;
5. Continued advancement of work on updates to land use and zoning within its Major
Transit Station Areas, and;
6. Continued work to update land use and zoning within the Hidden Valley Secondary
Plan and Dundee North Secondary Plan;
Page 107 of 137
7. Continued work to implement the recommendations and action items from Kitchener's
Housing for All Strategy, specifically including those that enable an increased housing
supply or streamlining development approvals;
8. Continued collaboration with the Waterloo Region Home Builders Association and
Kitchener Development Liaison Committee, and others, to identify labour shortages
and costs, material costs, infrastructure timing, economic market conditions, and land
supply and housing capacity;
9. Continuation of work with post-secondary institutions, where able, to respond to the
evolving workforce needs including building a necessary talent pool;
10. Continued collaboration with Provincial and Federal governments to develop
strategies to increase housing supply capacity including the identification of funding
required for infrastructure, and;
11. Tracking and monitoring housing supply capacity, housing starts (i.e., building
permits) for new housing projects, including attainable, supportive, and affordable
housing projects, through the Annual Growth Management Monitoring report.
Page 108 of 137
Staff Report
l
IKgc.;i' r� R
Financial Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: March 20, 2023
SUBMITTED BY: Ryan Hagey, Director of Financial Planning 519-741-2200 x 7353
PREPARED BY: Debbie Andrade, Manager of Budgets, 519-741-2200 ext. 7114
WARD(S) INVOLVED: All
DATE OF REPORT: March 1, 2023
REPORT NO.: FIN -2023-127
SUBJECT: 2022 Year End Variance
RECOMMENDATION:
For information.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide the yearend financial results for City operations
• Tax Supported Operations ended the year with a surplus of $1,235,000
• Enterprise Operations ended the year with a surplus of $6,038,000
• Deficits in the Golf and Parking Enterprise Operations were fully offset by Safe Restart
funding provided by the Federal and Provincial governments in 2020, 2021, and 2022.
• This report supports the delivery of core services.
BACKGROUND:
This is the third and final formal variance report to Council regarding the City's financial
performance versus the 2022 budget. The report and attached schedules include information
regarding:
Tax supported operating
Rate supported enterprises/utilities, and
Supplementary information related to investment income
REPORT:
The City's tax -supported operations ended the year with a surplus of $1,235,000. The major
contributors to the overall positive variance are the surpluses in Investment Income, Penalties
and Interest, Supplementary Taxes/Write-Offs, Facilities Management, Engineering, Planning
and Gapping Savings. These positive variances are offset in part by deficits in Sport, Parks and
Cemeteries, Corporate Communications and Emergency Operations Centre. As COVID-19
related restrictions carried into 2022 causing facility closures and reduced programming these
areas continued to be impacted for the first half of 2022 with considerable losses in income for
room rentals, admissions, and registration fees. Furthermore, on May 21, 2022 the City was
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 109 of 137
impacted by the severe windstorm which occurred across Ontario causing damage and requiring
additional cleanup costs primarily in the Forestry section of Parks and Cemeteries.
More details about each of the City's tax supported divisions are provided in the report below
and in Schedule 1.
The rate supported operations were also impacted by COVID-19 restrictions which continued
to be in place for the early part of 2022, with Parking and Golf being the most severely hit.
Parking revenues were down significantly lower than budget due to reduced monthly and
hourly parking demands related to new hybrid working environments, and Golf had increased
expenses due to unexpected food and beverage equipment expenses from the restart of a
lengthy COVID-19 shut down.
More details about each of the City's enterprises are provided in the report below and in
Schedules 2-8.
In 2020 and 2021 the City received Safe Restart Funding from the Federal government and
COVID-19 Recovery Funding from the Provincial government as part of their COVID-19 relief
plan to support Ontario municipalities in dealing with the ongoing impacts of the pandemic. The
total Safe Restart and COVID-19 Recovery Funding carried over from 2021 was sufficient to
fund the 2022 deficits in the Parking enterprise ($1.97M) and the Golf enterprise ($464k). A
balance of $703k remains and will carry over to help the City deal with any negative financial
impacts of COVID-19 that extend into future years.
The table below shows the amount of Safe Restart funding received, how it was applied, and
the amount remaining to be employed in future years.
Safe Restart Funding Balance
Page 110 of 137
Funding Received
Federal Funding
$
13,062,000
$
2,512,000
$ -
$ 15,574,000
Provincial Funding
$
-
$
4,821,933
$ -
$ 4,821,933
Total Funding Received
$ 13,062,000
$ 7,333,933
$ -
$20,395,933
Funding Allocated
Tax
$
5,062,000
$
4,651,260
$ -
$ 9,713,260
Parking
$
2,263,000
$
3,060,435
$ 1,967,774
$ 7,291,209
Golf
$
596,000
$
509,138
$ 464,092
$ 1,569,230
Utilities
$
1,119,000
$
-
$ -
$ 1,119,000
Total Funding Allocated
$
9,040,000
$ 8,220,833
$ 2,431,866
$19,692,699
Total Funding Remaining
$ 703,234
Page 110 of 137
Operating Fund — Tax Base (Schedule 1)
The City ended the year with an operating surplus of $1.23M in tax -supported operations. This
result is 0.63% of budgeted expenditures totaling $197.2M. The surplus experienced in 2022
shows a positive outlook from the challenges the City faced in 2020 and 2021 with the
economic realities of COVID-19 which led the City into significant deficits as shown in the table
below.
Tax Supported Operations — Yearend Position
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Surplus/
(Deficit) $0.98M 0.94M $1.42M $1.73M $0.77M ($5.06M) ($4.65M) $1.23M
Significant variances (over $200,000) are summarized below by division. Schedule 1 provides
additional detail by including information for variances that exceed $100,000 of the budget.
Significant Variances (over $200,000)
Community Services Department:
• Sport had a deficit of $2,761,000 due to reduced revenues as programs and rentals
were negatively impacted by the COVID-19 restrictions in early 2022.
Financial Services Department:
• Revenue had a surplus of $321,000 due to higher than expected fee revenues.
Corporate Services Department:
• Corporate Communications had a deficit of $316,000 due to a substantial decline in
advertising and sponsorship revenues.
Development Services Department:
• Planning had a surplus of $404,000 due to higher than anticipated revenues for Site
Plans.
• Engineering had a surplus of $666,000 due to higher than anticipated revenues for Site
Plans and service charges.
Infrastructure Services Department:
• Facilities Management had a surplus of $974,000 due to reduced utility consumption as
a number of City facilities were operating at reduced capacity due to COVID-19
restrictions in early 2022. This resulted in significantly lower than budgeted utility costs.
• Parks and Cemeteries had a deficit of $1,739,000 due to a significant winter activity and
major windstorm event in May which was partially funded by the Weather Stabilization
Reserve. Also there was increased operating costs associated with downtown
operations and an increased demand for playground equipment maintenance in 2022.
Page 111 of 137
General Expense:
Gapping had a surplus of $1,192,000 due to staff savings related to regular vacancies in
addition to COVID-19 as a number of staff whose facilities or programs were suspended
during the pandemic were put on designated emergency leave (DEL) or infectious
disease emergency leave (IDEL) allowing them to take advantage of various income
support programs offered by the Federal government such as the Canada Emergency
Response Benefit (CERB).
Emergency Operations Centre had a deficit of $813,000 due to the COVID-19
pandemic. Example of costs include:
o Purchases of personal protective equipment and other health & safety supplies
o Staff costs related to managing the City's COVID-19 response
o Additional cleaning and minor retrofits of City facilities
General Revenues:
• Supplementary Taxes/Write-offs had a surplus of $607,000 due to reduced appeals as
a result of the delay in MPAC reassessments.
Other Revenues:
Investment Income had a surplus of $709,000 due to rapid Bank of Canada rate
increases since March 2022.
Penalties and Interest had a surplus of $1,252,000 due to an increase in overall
property tax receivable balances.
Enterprises — (Schedules 2 to 8)
Enterprises as a whole ended the year with a surplus of $6,038,000, with surpluses in Water,
Sanitary Sewer, and Natural Gas. Offsetting these positive results were deficits in Building, Golf,
Parking and Storm. Summary information about each enterprise is noted below, with more
detailed information provided in the schedules attached to this report.
Building Enterprise (Schedule 2)
The Building Enterprise had a deficit of $1,136,000, which was $296,000 better than budgeted.
The main reason for the deficit is that revenues were lower than budget due to a decline in the
number of new construction builds as multiple interest rate increases slowed the sales of
residential buildings. The decrease in revenue was partially offset by reduced expenses due to
staff vacancies.
Page 112 of 137
Golf Enterprise (Schedule 3)
The Golf Enterprise had a deficit of $464,000, which was $1,000 worse than budgeted. Safe
Restart funding was used to fully offset the deficit which was caused mostly by unexpected
food and beverage equipment expenses from the restart of a lengthy COVID-19 shut down.
Parking Enterprise (Schedule 4)
The Parking Enterprise had a deficit of $1,968,000, which was $975,000 worse than budgeted.
Safe Restart funding was used to fully offset the deficit which was caused mostly by reduced
revenues. Parking revenues were significantly lower than budget due to reduced monthly and
hourly parking demands related to new hybrid working environments.
Water Utility (Schedule 5)
The Water Utility had a surplus of $695,000 which was $1,234,000 better than budgeted.
Water revenues were significantly better than budgeted due to increased volume sales
throughout the year as well as water supply higher than budget due to increased purchase
volumes from the Region, consistent with the increase in sales. Additionally, administration
expense was lower than budget due to higher allocation of costs to capital. Water maintenance
costs were higher than budget due to increased number of main breaks, as well as, increased
severity and cost of repairs and restoration.
Page 113 of 137
Sanitary Sewer Utility (Schedule 6)
The Sanitary Sewer Utility had a surplus of $7,785,000 which was $7,848,000 better than
budgeted. Sewer surcharge revenues were significantly better than budgeted, which is
consistent with increased volume sales noted in the Water utility. Additionally, other revenue
was higher than budget due to increased cross border billing volumes. Sewage processing
costs were less than budgeted due to decreased volumes arising from a dry spring and
summer. Maintenance costs were also lower than budget due to savings in main and lateral
repairs.
Stormwater Utility (Schedule 7)
The Stormwater Utility had a deficit of $11,000 which was $112,000 worse than budget.
Stormwater fees were higher than budget as a result of higher than expected development in
the year, but other revenues were lower. Additionally, administration expenses were higher
than budget due to additional development review costs.
Gas Utility (Schedule 8)
The Gas Utility (Total) had a surplus of $1,137,000 which was $4,773,000 better than
budgeted. Gas Delivery had a favourable variance due to higher than anticipated sales
revenues from increased gas consumption from the cold winter and higher than anticipated
rental revenues and recoveries from warranty items. The higher than anticipated revenues
were offset in part by additional maintenance costs and increased depreciation. Gas Supply
had a favourable variance as sales revenues were higher than budget due to increased gas
consumption from the cold winter.
Investment Report (Schedule 9)
Page 114 of 137
All investments were made in accordance with the City's investment policy. Short-term
investment yields to date averaged 2.58%, and were well above the average interest rate of
1.32% for all of 2021.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Final results for tax supported operations and rate supported enterprises/utilities have been
closed out to the appropriate stabilization reserves. Surpluses increase the funds available in
the reserve to offset future deficits, while deficits decrease funds available to deal with
unanticipated funding needs.
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:
• FIN -2022-414 June 2022 Operating Variance Report
• FIN -2022-484 September 2022 Operating Variance Report
APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services.
ATTACHMENTS:
• Schedule 1: Statement of Operations
— Tax Supported Services
• Schedule 2: Statement of Operations
— Building
• Schedule 3: Statement of Operations
— Golf
• Schedule 4: Statement of Operations
— Parking
• Schedule 5: Statement of Operations
— Water
• Schedule 6: Statement of Operations
— Sanitary Sewer
• Schedule 7: Statement of Operations
— Stormwater
• Schedule 8: Statement of Operations
— Gas
• Schedule 9: Investment Report
Page 115 of 137
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Staff Report
l
IKgc.;i' r� R
Financial Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: March 20, 2023
SUBMITTED BY: Jonathan Lautenbach, CFO and City Treasurer, (519) 741-2200
extension 7334
PREPARED BY: Lisa Dueck, Supervisor of Accounting, (519) 741-2200 extension 7659
WARD(S) INVOLVED: All Ward(s)
DATE OF REPORT: March 8, 2022
REPORT NO.: FIN -2023-129
SUBJECT: 2022 Statement of Remuneration and Expenses
RECOMMENDATION
For Information
REPORT HIGHLIGHTS:
• The purpose of this report is to provide an annual itemized Statement of Remuneration
and Expenses for each member of Council as required by the Municipal Act.
BACKGROUND:
Section 284(1) of the Municipal Act, 2001 provides that the Treasurer of a Municipality shall, in
each year on or before March 31, provide to the Council of the Municipality an itemized
statement on remuneration and expenses paid in the previous year to:
(a) each member of council in respect of his or her services as a member of the council or
any other body, including a local board, to which the member has been appointed by
council or on which the member holds office by virtue of being a member of council;
(b) each member of council in respect of his or her services as an officer or employee of
the municipality or other body described in clause (a); and
(c) each person, other than a member of council, appointed by the municipality to serve as
a member of any body, including a local board, in respect of his or her services as a
member of the body.
REPORT:
The detailed Statement of Remuneration and Expenses for the year 2022 is attached to this
report. The by-law under which the remuneration or expenses were authorized to be paid is
2021-110
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 128 of 137
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
N/A
COMMUNITY ENGAGEMENT:
INFORM - The 2022 Statement of Remuneration and Expenses report has been posted to the
City's website with the agenda in advance of the council / committee meeting and will be posted
on the City of Kitchener's Internet site.
PREVIOUS REPORTS/AUTHORITIES:
• Municipal Act, 2001
• By -Law No. 2021-110
APPROVED BY: Jonathan Lautenbach, CFO and City Treasurer, Financial Services
ATTACHMENTS:
Attachment A — 2022 Statement of Remuneration and Expenses
Page 129 of 137
The Corporation of the City of Kitchener
Statement of Remuneration and Expenses
For the year ended December 31, 2022
Index Title
Page
Summary Summary Statement of Council Remuneration and Expenses 2
Schedule 1 Statement of Remuneration 3
Schedule 2 Conferences and Seminars 4
Schedule 3 Meeting Expenses 5
Schedule 4 Home Office and Technology Expenses 6
Schedule 5 Members of Council - Directors of Enova Power Corp. 7
and Enova Energy Corp.
Schedule 6 Honorariums of Council Appointees 8
Committee of Adjustment
Committee of Property Standards
Page 130 of 137
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Schedule 1
The Corporation of the City of Kitchener
Statement of Remuneration
For the year ended December 31, 2022
Total Remuneration $ 669,733 $ 141,655 $ 811,388
N ote:
Employment benefits consist of costs such as Canada Pension Plan (CPP), Employer Health Tax (EHT),
Group Life Insurance benefits, Health and Dental benefits, OMERS and RRSP contributions.
3 Page 132 of 137
Taxable
Employment
Members of Council
Remuneration
Benefits
Total
Mayor Berry Vrbanovic
$ 108,993
$ 20,249
$ 129,242
Councillor Scott Davey
56,074
12,270
68,344
Councillor Dave Schnider
56,074
14,160
70,234
Councillor John Gazzola
49,791
5,499
55,290
CouncillorJason Deneault
6,283
1,450
7,733
Councillor Christine Michaud
56,074
10,970
67,044
Councillor Kelly Galloway-Sealock
49,791
12,651
62,442
Councillor Ayo Owodunni
6,283
1,450
7,733
Councillor Paul Singh
56,074
14,094
70,168
Councillor Bil loannidis
56,074
9,127
65,201
Councillor Margaret Johnston
56,074
11,652
67,726
Councillor Debbie Chapman
56,074
14,094
70,168
Councillor Sarah Marsh
49,791
12,539
62,330
Councillor Aislinn Clancy
6,283
1,450
7,733
Total Remuneration $ 669,733 $ 141,655 $ 811,388
N ote:
Employment benefits consist of costs such as Canada Pension Plan (CPP), Employer Health Tax (EHT),
Group Life Insurance benefits, Health and Dental benefits, OMERS and RRSP contributions.
3 Page 132 of 137
Schedule 2
The Corporation of the City of Kitchener
Conferences and Seminars
For the year ended December 31, 2022
Mayor Berry Vrbanovic
Federation of Canadian Municipalities, 2022 Annual Conference
1,678
Regina, SK, June 3-5, 2022
Association of Municipalities of Ontario, AGM & Annual Conference
1,641
Ottawa, ON, August 15-17, 2022
$
3,319
Councillor John Gazzola
Association of Municipalities of Ontario, AGM and Annual Conference
2,231
Ottawa, ON, August 14-17, 2022
$
2,231
Councillor Christine Michaud
Rebrick Communications
204
Social Media Webinar, March 22, 2022
Town and Gown Association of Ontario, The Road Ahead 2022 Conference
180
Virtual training course, June 9-10, 2022
$
384
Councillor Paul Singh
SVN Rock Advisors Inc., Affordable Housing & New Apartment Development
Conference
1,318
Virtual training course, June 16-17, 2022
Association of Municipalities of Ontario, AGM and Annual Conference
2,818
Ottawa, ON, August 14-17, 2022
$
4,136
Councillor Debbie Chapman
Federation of Canadian Municipalities, 2022 Annual Conference
2,607
Regina, SK, June 2-5, 2022
$
2,607
Councillor Sarah Marsh
WMC - Leadership Assessment & Development
3,612
August - September 2022
Total Conferences and Seminars S 16,289
4 Page 133 of 137
Schedule 3
The Corporation of the City of Kitchener
Meeting Expenses
For the year ended December 31, 2022
Mayor Berry Vrbanovic
Ontario Big City Mayors 547
Ottawa, ON, August 14, 2022
Big City Mayors' Caucus Meeting
Regina, SK, June 2, 2022 560
Ottawa, ON, December 5, 2022 521
Federation of Canadian Municipalities, Board of Directors Meeting
Sherwood Park, AB, September 13-14, 2022 2,318
Ottawa, ON, December 6-8, 2022 1,565
UN Habitat Housing Forum 1,396
Ottawa, ON, December 13, 2022
Miscellaneous Meeting Expenses 189
Total Meeting Expenses $ 7,096
5 Page 134 of 137
Schedule 4
The Corporation of the City of Kitchener
Home Office and Technology Expenses
For the year ended December 31, 2022
Members of Council
Operating
Capital
Total
Mayor Berry Vrbanovic
$ 2,500
$ 0
$ 2,500
Councillor Scott Davey
1,709
1,526
3,235
Councillor Dave Schnider
1,171
1,134
2,305
Councillor John Gazzola
1,815
0
1,815
CouncillorJason Deneault
206
2,474
2,680
Councillor Christine Michaud
1,454
2,739
4,193
Councillor Kelly Galloway-Sealock
1,649
0
1,649
Councillor Ayo Owodunni
182
3,566
3,748
Councillor Paul Singh
1,583
0
1,583
Councillor Bil loannidis
1,965
1,112
3,077
Councillor Margaret Johnston
779
428
1,207
Councillor Debbie Chapman
1,517
0
1,517
Councillor Sarah Marsh
1,218
0
1,218
Councillor Aislinn Clancy
155
1,863
2,018
Total Home Office and Technology Expenses
$ 17,903
$ 14,842
$ 32,745
Note:
Capital technology expenses may include purchases of furniture, computers, laptops, scanners, printers, etc.
Operating expenses may include office supplies, monthly cell phone charges, home phone, home internet, etc.
A detailed breakdown of Home Office and Technology expenditures can be found at:
https://www.kitchener.ca/en/taxes-utilities-and-finance/remuneration-and-expenses.aspx
6 Page 135 of 137
Schedule 5
The Corporation of the City of Kitchener
Members of Council - Directors of Enova Power Corp.
and Enova Energy Corp.
For the year ended December 31, 2022
Members of Council
Directors of Enova Power Corp
(Formerly Kitchener -Wilmot Hydro Inc.)
Mayor Berry Vrbanovic
Directors of Enova Energy Corp.
(Formerly Kitchener Power Corp.)
Mayor Berry Vrbanovic
Bil loannidis (June -Dec)
Kelly Galloway-Sealock (June -Nov 2022)
Dave Schnider (Jan -May)
Paul Singh (Jan -May, Sept -Dec)
Scott Davey (Sept -Dec)
Meeting
Remuneration Expenses Total
$ 4,891 $ 1,540 $ 6,431
$ 4,891 $ 1,540 $ 6,431
$ 4,891
$ 1,540
$ 6,431
5,755
3,095
8,850
4,933
2,535
7,468
4,027
730
4,757
4,027
730
4,757
3,288
1,315
4,603
$ 26,921
$ 9,945
$ 36,866
7
Page 136 of 137
The Corporation of the City of Kitchener
Honorariums of Council Appointees
For the year ended December 31, 2022
Council Appointees
Committee of Adjustment
Scott Hannah
Robert McColl
Denny Cybalski
Michael Kidd
Jennifer Meader
Douglas Pateman
Srikanth Desikachar
David Gundrum
Committee of Property Standards
Sharlene Mohlman
Brian Santos
Muhammad Asad
Michael Pulley
Kimmy Adams-Wiersma
Sean McKelvie
Cyrus Medina
Schedule 6
12
Honorariums
1,200
1,150
1,125
1,000
700
125
100
100
$ 5,500
12
450
300
225
225
225
75
75
$ 1,575
8 Page 137 of 137