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HomeMy WebLinkAboutCouncil Agenda - 2024-02-12Council Meeting Agenda Monday, February 12, 2024, 7:00 p.m. Council Chambers - Hybrid City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 People interested in participating in this meeting can register online using the delegation registration form at www.kitchener.ca/delegation or via email at delegation (a)kitchener.ca. Please refer to the delegation section on the agenda below for registration in-person and electronic participation deadlines. Written comments received will be circulated prior to the meeting and will form part of the public record. The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow *Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.* Pages 1. COMMENCEMENT The 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 January 22, 2024, and special meetings held January 22, 2024 and January 29, 2024) - Councillor S. Stretch. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared, please visit www.kitchener.ca/conflict to submit your written form. 4. COMMUNICATIONS REFERRED TO FILE 5. C.1 7 4.1 Flag Request under Policy MUN-FAC-442 • Albanian Community Association in Waterloo Region — Feb 17- 20,2024 • Copropcanada — Feb 27, 2024 • Irish Real Life Festival — Mar 9-16, 2024 PRESENTATIONS 5.1 Eastwood Neighbourhood Association — Neighbourhood Action Plan Presentation DELEGATIONS Pursuant to Council's Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. All Delegations where possible are encouraged to register prior to the start of the meeting. For Delegates who are attending in-person, registration is permitted up to the start of the meeting. Delegates who are interested in attending virtually must register by 5:00 p.m. on February 12, 2024, in order to participate electronically. 6.1 Official Plan Amendment Application OPA22/014/NBB, Zoning By-law Amendment Application ZBA22/025/N/BB, 404-430 New Dundee Road, Klondike Homes Ltd., DSD -2024-023, listed as Item 7.2.a 6.1.a Pierre Chauvin, MHBC Planning 6.2 Notice of Intention to Demolish, 1027 King Street East, DSD -2024-057, listed as Item 7.1.a 6.2.a Vanessa Hicks, MHBC Planning 6.2.b Stephen Litt, Vive Development 6.3 Zoning By-law Amendment Application ZBA19/003/P/KA, 86 Pinnacle Drive, A & F Greenfield Homes Ltd. and Rosu Developments Inc., DSD - 2024 -010, listed as Item 7.2.c 6.3.a David Galbraith, Up Consulting Ltd. 6.3.b Barbara Thomas 6.3.c Mary Cunningham REPORTS OF COMMITTEES 7.1 HERITAGE KITCHENER - FEBRUARY 6, 2024 7.1.a Notice of Intention to Demolish, 1027 King Street East, DSD -2024- 057 That, in accordance with Section 27(3) of the Ontario Heritage Act, the Notice of Intention to Demolish received on January 18, 2024, and Page 2 of 17 dated January 17, 2024 regarding the property municipally addressed as 1027 King Street East, be received for information and that the notice period run its course, as outlined in Development Services Department report DSD -2024-057. 7.2 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - JANUARY 22, 2024 7.2.a Official Plan Amendment Application OPA22/014/N/BB, Zoning By-law Amendment Application ZBA22/025/N/BB, 404-430 New Dundee Road, Klondike Homes Ltd., DSD -2024-023 That Official Plan Amendment Application OPA22/014/N/BB for Klondike Homes Ltd. for the property municipally addressed as 404- 430 New Dundee Road requesting a change from Low Rise Residential to Low Rise Residential with a site specific policy area on the parcel of land specified and illustrated on Schedule 'A', be adopted, in the form shown in the Official Plan Amendment as Attachment "A" attached to Development Services Department Report DSD -2024-023, and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA22/025/N/BB requesting to amend Zoning By-law 2019-051, for Klondike Homes Ltd. be approved as amended, in the form shown in the Proposed `Proposed By-law', and `Map No. 1' as Attachment 'B' attached to Development Services Department Report DSD -2024-023; and, That the Urban Design Brief, prepared by MHBC and attached as Attachment "C" in Development Services Department Report DSD - 2024 -023, be adopted, and that staff be directed to apply the Urban Design Report through the Site Plan Approval process; and further, That pursuant to Section 35(17) of the Planning Act, R.S.O. C P.13, as amended further notice is not required to be given in respect to Zoning By-law Amendment ZBA22/025/N/BB. 7.2.b Zoning By-law Amendment Application ZBA20/003/N/AP, 448 New 15 Dundee Road, Hayre Properties Inc., DSD -2023-402 NOTE: As a follow-up to Development Services Department report DSD -2023-402, a copy of the Zoning Map and draft By-law which were not included initially in the Planning and Strategic Initiatives Committee agenda on January 22, 2024, have been included in the agenda this date to support the application. That Zoning By-law Amendment Application ZBA20/003/N/AP for Hayre Properties Inc. for the property municipally addressed as 448 Page 3 of 17 New Dundee Road be approved in the form shown in the Proposed By-law and Map No. 1, attached to Development Services Department Report DSD -2023-402 as Attachment `A'; and further, That the Urban Design Brief prepared by GSP Group Inc., dated October 2023, attached as Attachment 'B' to Development Services Department Report DSD -2023-402 be endorsed, and that staff be directed to implement the Urban Design Brief through a future Site Plan Approval process, and at the discretion of the City's Director of Development and Housing Approvals, significant changes to the Urban Design Brief will be to the satisfaction of Council. 7.2.c Zoning By-law Amendment Application ZBA19/003/P/KA, 86 Pinnacle Drive, A & F Greenfield Homes Ltd. and Rosu Developments Inc., DSD -2024-010 That the following motion be referred to the February 12, 2024 Council meeting to allow an opportunity for additional engagement with the developer related to the subject application: That Zoning By-law Amendment Application ZBA19/003/P/KA for A & F Greenfield Homes Ltd. and Rosu Developments Inc. for the property municipally as 86 Pinnacle Drive be approved in the form shown in the 'Proposed By-law', and 'Map No. 1', attached to Development Services Department Report DSD - 2024 -010 as Attachment 'A'. 7.3 FINANCE AND CORPORATE SERVICES COMMITTEE - JANUARY 29, 2024 7.3.a Terms of Reference Revisions for the Downtown Action and Advisory Committee, DSD -2024-014 That Council approve the revised Terms of Reference for the Downtown Advisory Committee, as outlined in Attachment 'A' of Development Services Department report DSD -2024-014. 7.3.b Updates to the Emergency Response Plan and Emergency Management Program By-law, COR -2024-013 That Council approve the updated Emergency Management By -Law attached as Appendix 'A' to Corporate Services Department report COR -2024-013. 7.3.c 2024 Committee Re -Appointments to the Grand River Accessibility Advisory Committee, CSD -2024-006 That the following applicants be re -appointed to the Grand River Accessibility Advisory Committee (GRAAC) for a 4 -year term ending Page 4 of 17 December 31, 2027, pending ratification by the partnering municipalities of the City of Waterloo, Region of Waterloo, Township of North Dumfries, Township of Wellesley, Township of Wilmot, and the Township of Woolwich, as outlined in Community Services Department report CSD -2024-006. Heather Clark Harris Kitchener Re -appointment Paula Saunders Kitchener Re -appointment Carrie Speers Kitchener Re -appointment 7.3.d Traffic Sign and On -Street Parking Report, DSD -2024-027 That a stop sign be installed on the west approach of Tecumseh Crescent at its intersection with Tecumseh Crescent; and, That parking be prohibited on the east (even -numbered) side of Joshua Street from a point 45 metres south of Fallowfield Drive to a point 20 metres south thereof; and, That the existing intersection stop control on Lynnvalley Court at Lynnvalley Crescent be removed; and, That a stop sign be installed on the south leg of Lynnvalley Crescent at Lynnvalley Court; and further, That the Uniform Traffic Bylaw be amended accordingly as outlined in Development Services Department report DSD -2024-027. 7.3.e Zoning By-law Amendment Application ZBA24/025/F/CD, Lifting of Holding Provision 67H, 1950 Fischer Hallman Road, Schlegel Urban Developments Corp, DSD -2024-053 That Zoning By-law Amendment Application ZBA23/025/F/CD for the property municipally addressed as 1950 Fischer Hallman Road for Schlegel Urban Developments Corp., for the purpose of removing Holding Provision 67H from the lands specified in the attached Map No. 1, in the form shown in the "Proposed By-law" attached to the Development Services Department Report DSD -2024-053 as Attachment `A', be approved. 7.3.f City -Owned Land Disposition Framework, DSD -2024-044 That the City -Owned Land Disposition Framework, as attached to Development Services Department report DSD -2024-044, be adopted by Council to guide the future disposition and acquisition of surplus City -owned lands; and, Page 5 of 17 That City staff be directed to manage existing and future surplus City - owned lands as an asset portfolio in accordance with Development Services Department report DSD -2024-044; and further, That City staff be directed to present disposition and acquisition options to Council, for consideration at the appropriate time, to advance the strategic priorities contained in Part 2 of the City Owned Land Disposition Framework, as attached to Development Services Department report DSD -2024-044. 7.3.g Disposition of End of Life Desktop and Laptop Computers, COR - 2023 -513 That the City of Kitchener redirect its' end -of -life laptop and desktop technology assets from e -waste providers and make them available to interested local community groups and programs so they can be repurposed to support the local community when possible; and, That the City of Kitchener continue to donate its' end -of -life equipment to non-profit groups upon request to benefit the local community in accordance with the City's procurement bylaw; and, That the City of Kitchener donate its' end -of -life equipment to The Working Centre Computer Recycling program which provides low-cost computer equipment to the community with the ability to support and train end-users in the use of equipment, as outlined in Corporate Services Department report COR -2023-513; and further, That the following resolution be circulated to the Region of Waterloo and all local area municipalities. 7.3.h Honorarium and Reimbursement Policy for Advisory and Quasi - Judicial Committees of the Council, COR -2024-049 That Council approve the Honorarium and Reimbursement Policy for Advisory and Quasi -Judicial Committees of Council, as outlined in Attachment 'A' of Corporate Services Department Report COR -2024- 049, to take effect in January, 2024; and, That Council direct staff to develop a separate Honorarium and Reimbursement Policy and/or Standard Operating Procedures (SOP) for the Grand River Accessibility Advisory Committee (GRAAC); and further, That the Terms of Reference for Property Standards and Committee of Adjustment be amended to reflect the honorarium rate outlined in Corporate Services Department Report COR -2024-049 Page 6 of 17 7.4 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - JANUARY 29, 2024 7.4.a Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, DSD -2024-005 That the following motion be deferred to the March 18, 2024 Special Council Meeting to allow staff the opportunity to dialogue further with those who provided oral and written submissions received in relation to Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, DSD -2024-005: "That City Initiated Official Plan Amendment OPA23/016/K/JZ, for the purpose of implementing a land use planning framework for seven of the City's Protected Major Transit Station Areas, including amendments to the Urban Structure, Land Use, Specific Policy Areas, and Cultural Heritage Resources mapping and text amendments, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2024-005 as Attachment `A', and accordingly forwarded to the Region of Waterloo for approval; and, That City Initiated Official Plan Amendment OPA23/017/K/JZ, for the purpose of adding lands into the 2014 Official Plan and updating the land use planning framework for specific lands currently within Secondary Plans within the 1994 Official Plan, including amendments to the Urban Structure, Land Use, and Specific Policy Areas, inclusive of mapping and text amendments, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2024-005 as Attachment `B', and accordingly forwarded to the Region of Waterloo for approval; and, That City Initiated Official Plan Amendment OPA23/022/K/JZ, for the purpose of deleting existing secondary plan policies and mapping from the 1994 Official Plan, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD - 2024 -005 as Attachment `C', and accordingly forwarded to the Region of Waterloo for approval; and, That City Initiated Zoning By-law Amendment Application ZBA23/028/K/JZ to amend Zoning By-law 2019-051 for lands within seven of the City's Protected Major Transit Station Areas, be approved in the form shown in the "Proposed By-law" attached to Report DSD -2024-005 as Attachment `D'; and further, Page 7 of 17 That City Initiated Zoning By-law Amendment Application ZBA23/029/K/JZ to amend Zoning By-law 2019-051, for lands recommended to be removed from existing Secondary Plans be approved in the form shown in the "Proposed By-law" attached to Report DSD -2024-005 as Attachment 'E'." 7.4.b Inclusionary Zoning - Official Plan Amendment and Zoning By-law Amendment, DSD -2024-029 That the following motion be deferred to the March 18, 2024 Special Council Meeting to allow staff the dialogue further with those who provided oral and written submissions in relation to Inclusionary Zoning — Official Plan Amendment and Zoning By-law Amendment, DSD -2024-029 and how it relates to Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, as outlined in Development Services Department report DSD -2024-005: "That the City -initiated Official Plan Amendment OPA23/015/K/TD for the purposes of introducing Inclusionary Zoning within Protected Major Transit Station Areas be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2024-029 as Attachment `A' and accordingly forwarded to the Region of Waterloo for approval; and, That the City -initiated Zoning By-law Amendment ZBA23/027/K/TD to amend Zoning By-law 2019-051 and Zoning By-law 85-1, be approved in the form shown in the "Proposed By-law Amendment" attached to Report DSD -2024-029 as Attachment `B' and Attachment `C' respectively; and further, That staff be directed to enter into a memorandum of understanding with the Region of Waterloo outlining roles and responsibilities in administration of Inclusionary Zoning, to the satisfaction of the Director of Planning and Housing Policy." 8. UNFINISHED BUSINESS 8.1 Notice of Motion - D. Chapman - Guaranteed Basic Income Please Note: The following motion was deferred from a Council meeting on September 25, 2023. "That the following motion be deferred to a Council meeting following the Provincial By-law Election to confirm the new Member of Provincial Parliament for Kitchener Centre: "WHEREAS, the City of Kitchener passed a motion in May 2020 calling on the Ontario and Canadian governments to establish a Page 8 of 17 Universal Basic Income (UBI) which is a flat amount paid to all residents; and, WHEREAS a Guaranteed Liveable Basic Income (GLBI) goes to those most in need and phases out as income from other sources increases; and, WHEREAS studies from the Ontario Basic Income pilot, which ended abruptly in 2018, demonstrated improvements in the physical and mental health, labour market participation, food security, housing stability and financial and social well-being of pilot participants; and, WHEREAS The Government of Canada's report Building Understanding: The First Report of the National Advisory Council on Poverty from 2020 used 2016 census data to highlight how poverty disproportionately impacts racialized individuals at twice the rate as compared to non-racialized individuals in Canada at 20.6% and 10.6% respectively; and, WHEREAS the pandemic, rising cost of living and surges in food and housing prices have worsened income inequality and created scenarios where more people find it difficult to meet their basic needs; and, WHEREAS social assistance recipients are living in extreme poverty and food insecurity and are at great risk of developing associated health concerns; and, WHEREAS in lieu of a provincial or federal anti -poverty strategy, the City of Kitchener has developed programs to decrease the impacts of poverty and income inequality, and to make it possible for residents to participate in programs that provide a better quality of life which can positively improve mental and physical well-being; and, WHEREAS these programs and services are the result of downloading by the provincial and federal governments which would be more fully addressed by a GLBI program; and, WHEREAS implementing a GLBI program has been shown to reduce the need for individuals to apply for multiple support programs in order to maintain a healthy and dignified life; and, WHEREAS the Region of Waterloo and the City of Waterloo recently passed a similar motion and the City of Cambridge will be discussing similar motions; Page 9 of 17 THEREFORE BE IT RESOLVED that the City of Kitchener requests that the Government of Canada and the Province of Ontario work collaboratively to establish an income -tested GLBI to combat poverty, income inequality and economic insecurity within our community; THEREFORE BE IT FINALLY RESOLVED that a copy of this resolution be sent to the Prime Minister of Canada, the Premier of Ontario, local and area MPs and MPPs, the Federation of Canadian Municipalities and the Association of Municipalities of Ontario for further consideration."" 9. NEW BUSINESS 9.1 - MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC 10. QUESTIONS AND ANSWERS 11. BY-LAWS 11.1 1ST AND 2ND READING 11.1.a Being a by-law to name a private road as Luna Crescent, in the City of Kitchener. 11.1.b Being a by-law to name private roads as Scherlwood Drive, Jonagold Drive and Ridgewater Trail, in the City of Kitchener. 11.1.c Being a by-law to close part of the public highway known as Avalon Place, in the City of Kitchener. 11.1.d To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. 11.1.e To further amend By-law No. 2008-117, being a by-law to authorize certain on -street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. 11.1.f To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. 11.1.g Being a by-law to designate the property municipally addressed as 2- 22 Duke Street East, in the City of Kitchener as being of historic and cultural heritage value or interest. 11.1.h Being a by-law to designate the property municipally addressed as 4 King Street East/1 Queen Street North, in the City of Kitchener as being of historic and cultural heritage value or interest. 11.1.i Being a by-law to designate the property municipally addressed as 24 Courtland Avenue East, in the City of Kitchener as being of historic and cultural heritage value or interest. Page 10 of 17 11.1.j Being a by-law to designate the property municipally addressed as 26 Courtland Avenue East, in the City of Kitchener as being of historic and cultural heritage value or interest. 11.1.k Being a by-law to designate the property municipally addressed as 54-68 King Street West, in the City of Kitchener as being of historic and cultural heritage value or interest. 11.1.1 Being a by-law to designate the property municipally addressed as 58 Queen Street South, in the City of Kitchener as being of historic and cultural heritage value or interest. 11.1.m Being a by-law to designate the property municipally addressed as 66 Queen Street South, in the City of Kitchener as being of historic and cultural heritage value or interest. 11.1.n Being a by-law to designate the property municipally addressed as 67 King Street East, in the City of Kitchener as being of historic and cultural heritage value or interest. 11.1.0 Being a by-law to designate the property municipally addressed as 73 Young Street, in the City of Kitchener as being of historic and cultural heritage value or interest. 11.1.p Being a by-law to designate the property municipally addressed as 144-150 King Street West, in the City of Kitchener as being of historic and cultural heritage value or interest. 11.1.q Being a by-law to designate the property municipally addressed as 149-151 Ontario Street North, in the City of Kitchener as being of historic and cultural heritage value or interest. 11.1.r To confirm all actions and proceedings of the Council for February 12, 2024. 11.2 LATE STARTER BY-LAWS TO BE ADDED TO THE AGENDA, PENDING APPROVAL OF THE REPORTS OF THE COMMITTEES 11.2.a Being a by-law to establish the City of Kitchener's Emergency Management Program. 11.2.b Being a by-law to amend By-law 85-1, as amended known as the Zoning By-law for the City of Kitchener — Schlegel Urban Developments Corp — 1950 Fischer Hallman Road. 11.2.c Being a by-law to adopt Amendment No. 43 to the Official Plan - 404- 430 New Dundee Road. 11.2.d Being a by-law to amend By-law No. 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Klondike Investments Ltd. and Klondike Homes Ltd. — 404-430 New Dundee Road. Page 11 of 17 11.2.e Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener - Hayre Properties Inc. — 448 New Dundee Road. 11.2.f Being a by-law to amend By-law 85-1, as amended, and By-law 2019-051, as amended, known as the Zoning By-laws for the City of Kitchener - A & F Greenfield Homes Ltd. and Rosu Developments Inc. — 86 Pinnacle Drive. 12. COMMITTEE OF THE WHOLE 13. BY-LAWS 13.1 3RD READING 13.1.a Being a by-law to name a private road as Luna Crescent, in the City of Kitchener. (By-law 2024-022) 13.1.b Being a by-law to name private roads as Scherlwood Drive, Jonagold Drive and Ridgewater Trail, in the City of Kitchener. (By-law 2024-023) 13.1.c Being a by-law to close part of the public highway known as Avalon Place, in the City of Kitchener. (By-law 2024-024) 13.1.d To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law 2024-025) 13.1.e To further amend By-law No. 2008-117, being a by-law to authorize certain on -street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By-law 2024-026) 13.1.f To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law 2024-027) 13.1.g Being a by-law to designate the property municipally addressed as 2- 22 Duke Street East, in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law 2024-028) Page 12 of 17 13.1.h Being a by-law to designate the property municipally addressed as 4 King Street East/1 Queen Street North, in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law 2024-029) 13.1.1 Being a by-law to designate the property municipally addressed as 24 Courtland Avenue East, in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law 2024-030) 13.1.j Being a by-law to designate the property municipally addressed as 26 Courtland Avenue East, in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law 2024-031) 13.1.k Being a by-law to designate the property municipally addressed as 54-68 King Street West, in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law 2024-032) 13.1.1 Being a by-law to designate the property municipally addressed as 58 Queen Street South, in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law 2024-033) 13.1.m Being a by-law to designate the property municipally addressed as 66 Queen Street South, in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law 2024-034) 13.1.n Being a by-law to designate the property municipally addressed as 67 King Street East, in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law 2024-035) 13.1.o Being a by-law to designate the property municipally addressed as 73 Young Street, in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law 2024-036) 13.1.p Being a by-law to designate the property municipally addressed as 144-150 King Street West, in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law 2024-037) Page 13 of 17 13.1.q Being a by-law to designate the property municipally addressed as 149-151 Ontario Street North, in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law 2024-038) 13.1.r To confirm all actions and proceedings of the Council for February 12, 2024. (By-law 2024-045) 13.2 LATE STARTER BY-LAWS TO BE ADDED TO THE AGENDA, PENDING APPROVAL OF THE REPORTS OF THE COMMITTEES 13.2.a Being a by-law to establish the City of Kitchener's Emergency Management Program. (By-law 2024-039) 13.2.b Being a by-law to amend By-law 85-1, as amended known as the Zoning By-law for the City of Kitchener — Schlegel Urban Developments Corp — 1950 Fischer Hallman Road. (By-law 2024-040) 13.2.c Being a by-law to adopt Amendment No. 43 to the Official Plan - 404- 430 New Dundee Road. (By-law 2024-041) 13.2.d Being a by-law to amend By-law No. 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Klondike Investments Ltd. and Klondike Homes Ltd. — 404-430 New Dundee Road. (By-law 2024-042) 13.2.e Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener - Hayre Properties Inc. — 448 New Dundee Road. (By-law 2024-043) 13.2.f Being a by-law to amend By-law 85-1, as amended, and By-law 2019-051, as amended, known as the Zoning By-laws for the City of Kitchener - A & F Greenfield Homes Ltd. and Rosu Developments Inc. — 86 Pinnacle Drive. 14. ADJOURNMENT (By-law 2024-044) Page 14 of 17 PROPOSED BY — LAW 2024 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 — Hayre Properties Inc. — 448 New Dundee Road) 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 follows: 1. Zoning Grid Schedule Number 253 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 Low Rise Residential One Zone (RES -1) to Low Rise Residential Four Zone (RES -4) with Site Specific Provision (384) and Holding Provision (58H). 2. Zoning Grid Schedule Number 253 of Appendix "A" to By-law Number 2019-051 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 3. Section 19 of Zoning By-law 2019-051 is hereby amended by adding Site Specific Provision (384) thereto as follows: "(384). Notwithstanding Section 7.3 and Table 7-2 of this By-law, within the lands zoned Low Rise Residential Four Zone (RES -4) and shown as being affected by this subsection on Zoning Grid Schedule Number 253 of Appendix "A", the following site specific provision shall apply: a) The Minimum Interior Side Yard Setback shall be 1.0 metres on one side and shall be 1.2 metres on the other side." 4. Section 20 of Zoning By-law 2019-051 is hereby amended by adding Section (58H) thereto as follows: "(58H). Notwithstanding Section 7 of this By-law within the lands zoned Low Rise Residential Four Zone (RES -4) and shown as being affected by this Page 15 of 17 subsection on Zoning Grid Schedule Number 253 of Appendix "A", no new uses shall be permitted until such time as the following conditions have been met and this holding provision has been removed by by-law: a) The parcel of land has been consolidated with the lands fronting Ridgemount Street and conditional approval of a Site Plan including, but not limited to, appropriate site access and servicing, has been granted by the City's Director of Planning; and b) A satisfactory Functional Servicing and Stormwater Management Report (FSR/SWM) has been completed to the satisfaction of the Regional Municipality of Waterloo. The FSR/SWM shall include additional information regarding the attenuation rates, ensure conformity with the Upper Blair Creek Functional Drainage Study and include elevations at the crossing of the sanitary service and the 450 regional water main." PASSED at the Council Chambers in the City of Kitchener this day of , 2024. 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