HomeMy WebLinkAboutCouncil Agenda - 2024-04-29Council Meeting Agenda
Monday, April 29, 2024, 7:00 p.m.
Council Chambers - Hybrid
City of Kitchener
200 King Street W, Kitchener, ON N2G 4G7
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delegation section on the agenda below for registration in-person and electronic participation
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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 April 8, 2024, and special meetings held April 8, 15 and 22, 2024) -
Councillor A. Owodunni.
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
4.1 Flag Request under Policy MUN-FAC-442
4.1.a St. Joseph's Health Centre Guelph, June 3 - 10, 2024
5. PRESENTATIONS
5.1 Sustainable Waterloo Region (SWR) - Annual Update
5.1.a Tova Davidson, Executive Director, Sustainable Waterloo Region
6. DELEGATIONS
Pursuant to Council's Procedural By-law, delegations are permitted to address
the Committee for a maximum of five (5) minutes. All Delegations where
possible are encouraged to register prior to the start of the meeting. For
Delegates who are attending in-person, registration is permitted up to the start
of the meeting. Delegates who are interested in attending virtually must register
by 5:00 p.m. on April 29, 2024, in order to participate electronically.
6.1 Official Plan Amendment Application OPA24/002/JBB, Zoning By-law
Amendment Application ZBA24/002/JBB, 135-161 Jackson Avenue and
135 Brentwood Avenue, Sanjiv Shulda (1000190771 ONTARIO INC.),
DSD -2024-061, listed as item 8.8.1
6.1.a Juliane von Westerholt, MHBC Planning
7. REPORTS OF COMMITTEES
7.1 FINANCE AND CORPORATE SERVICES COMMITTEE - APRIL 22,
2024
7.1.a 2024 Natural Gas Supply Rate Change 1 - INS -2024-168
That the supply component of the natural gas rate be decreased to
11.63 cents per cubic meter from 16.70 cents per cubic meter for
system gas customers of Kitchener Utilities effective May 1, 2024, as
outlined Infrastructure Services Committee report INS -2024-168; and
further,
That the supply rate of natural gas be reviewed quarterly against
market conditions and necessary changes to be brought forward for
Council approval.
7.1.b Charles Street Terminal - Memorandum of Understanding with the
Region of Waterloo - DSD -2024-144
That the General Manager of Development Services be authorized to
enter into a Memorandum of Understanding with the Region of
Waterloo pertaining to the pre -development work on the Charles
Street Terminal lands, including any additional approvals/documents
required to facilitate the pre -development work, as described in
Development Services Department report DSD -2024-144, where said
documentation shall be to the satisfaction of the City Solicitor; and,
Page 2 of 45
That said documentation shall outline that the Region of Waterloo
shall carry the costs of pre -development works for the Charles Street
Terminal Project and the City shall reimburse the Region of Waterloo
for its' share of pre -development work costs, as follows:
• Should the City's lands be sold as part of the
redevelopment of the Charles Street Terminal lands, the
City's share shall be deducted from the value of the land
sales; or,
• Should the City's lands not be sold as part of the
redevelopment of the Charles Street Terminal lands, the
City shall identify an alternate funding source, such as
the Economic Development Reserve.
7.1.c Outcomes of Accelerating Commercial Business Approvals Review -
DSD -2024-159
That the use of Building Enterprise funds to: (1) pilot a Project
Manager for an 18 -month staff secondment position and (2) support
the implementation of initial improvements for the 'Accelerating
Commercial Business Approvals' Strategic Plan project, including
supporting a portion of the cost to develop a roadmap/handbook for
business owners be endorsed as outlined in Development Services
Department report DSD -2024-159; and further,
That the remaining funding in the Development Services Review
capital budget be reallocated to support initial improvements for the
'Accelerating Commercial Business Approvals' Strategic Plan project
as outlined in Development Services Department report DSD -2024-
159.
7.1.d Communitech Partnership - DSD -2024-145
That the Mayor and Clerk be authorized to execute a Partnership
Agreement with Communitech as outlined in Development Services
Department report DSD -2024-145, subject to review by the City
Solicitor; and,
That the partnership include an allocation of office space within
Communitech for a City of Kitchener, Economic Development Division
Staff, to facilitate the provision of support and resources to
Communitech members related to conducting business in Kitchener;
and,
That the partnership with Communitech include collaboration with the
City of Kitchener's Downtown Development Staff, having an objective
Page 3 of 45
to develop a more vibrant downtown Kitchener by growing the use of
business spaces in downtown Kitchener; and,
That $500,000 from the Economic Development Investment Fund 2.0
be allocated in each of the 2024 and 2025 budget years to
Communitech for programming outlined in Development Services
Department report DSD -2024-145; and further,
That the General Manager of Development Services be authorized to
extend funding to Communitech for each of the 2026 and 2027 budget
years, subject to the following:
the availability of funding within the Economic Development
Investment Fund 2.0, as outlined in Development Services
Department report DSD -2024-145;
ii. Communitech's adherence to the goals outlined in
Development Services Department report DSD -2024-145;
and,
iii. Staff's determination that the needs articulated in
Development Services Department report DSD -2024-145
remain relevant.
7.2 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE -
APRIL 22, 2024
7.2.a Dumfries Avenue Formal Traffic Calming Review, DSD -2024-122
That staff be directed to implement the proposed traffic calming plan
as outlined in Attachment 'A' (Dumfries Avenue — Proposed Traffic
Calming Plan) of Development Services Department report DSD -
2024 -122.
7.2.b Noise Exemption - Greek Food Festival - 527 Bridgeport Road, CSD -
2024 -136
That an exemption to Chapter 450 (Noise) of the City of Kitchener
Municipal Code be granted to the Greek Orthodox Community of
Saints Peter and Paul Kitchener -Waterloo & District for their Annual
Greek Food Festival at 527 Bridgeport Road, to be held on June 8,
2023, from 12 p.m. — 11 p.m. and June 9, 2024, from 12 p.m. — 10
p.m., as outlined in Community Services Department report CSD -
2024 -136.
7.2.c Not For Profit Affordable Rental and Co-op Housing Incentive (Pilot),
DSD -2024-143
That a new Council Policy regarding Not -For -Profit Affordable Rental
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& Co-operative Housing Incentives (Pilot), attached to Development
Services Department report DSD -2024-143 as Appendix `A', be
approved; and,
That the reallocation of Affordable Housing Reserve funds, to be used
towards the Not -For -Profit Affordable Rental & Co-operative Housing
Incentives (Pilot), be approved; as outlined in the Development
Services Department report DSD -2024-143; and,
That financial review and analysis be incorporated into the funding
eligibility criteria in efforts to confirm the viability of organizations'
proposed affordable housing projects and their ability to obtain a
building permit; and further,
That staff be directed to consider the creation of a mentorship
program for not-for-profit organizations, to shadow the development
process of the selected organizations participating in the Not -For -
Profit Affordable Rental & Co-operative Housing Incentives (Pilot).
7.2.d Rockway Centre Redevelopment Update, CSD -2024-191
That staff proceed with the three phased Rockway Centre
Redevelopment Strategy as outlined in Community Services
Department report CSD -2024-191.
7.2.e Rosenberg Area Community Centre - Construction Update, CSD -
2024 -156
That the total budget for the City's new Community Centre in the
Rosenberg area, which will be built jointly with the Waterloo Region
Catholic District School Board, be approved at $8,125,000 and be
funded fully through development charge revenue; and further,
That the new Community Centre be named The Williamsburg
Community Centre as outlined in the Community Services
Department report CSD -2024-156.
7.3 PLANNING AND STRATEGIC INITIATIVES COMMITTEE -APRIL 22,
2024
7.3.a Private Street Naming — 130 Otterbein Road, DSD -2024-180
That the City of Kitchener acknowledge MacNaughton Hermsen
Britton Clarkson Planning Limited (MHBC) intends to name a private
street: "Otterbein Crescent" within a multiple residential development
located at 130 Otterbein Road, as outlined in Development Services
Department report DSD -2024-180; and further,
That the City's Legal Services division be directed to proceed with the
Page 5 of 45
required advertising, preparation, and registration of the necessary
By-law for the naming of "Otterbein Crescent", as outlined in
Development Services Department report DSD -2024-180.
7.3.b Corporate Climate Action Plan (CorCAP) 2.0 Pivot: Net -Zero, DSD -
2024 -074
That the 2023 City of Kitchener Corporate greenhouse gas (GHG)
emissions inventory update be received for information; and,
That the City of Kitchener Council endorse a corporate 2050 net -zero
target; and,
That the second -generation Corporate Climate Action Plan (CorCAP)
2.0 Pivot: Net -Zero, attached to Development Services Department
report DSD -2024-074 as Attachment 'A' be endorsed; and further,
That the Corporate Climate Action Plan (CorCAP) 2.0 Pivot: Net -Zero,
attached to Development Services Department report DSD -2024-074
as Attachment 'A', be submitted to the Federation of Canadian
Municipalities, Partners for Climate Protection Program in support of
renewed Milestones 1 - 3.
7.3.c Official Plan Amendment Application OPA24/003/L/AP, Zoning By-law
Amendment Application ZBA24/003/L/AP, 15 Laurentian Drive,
Kitchener Waterloo Christian School Society, DSD -2024-092
That Official Plan Amendment Application OPA24/003/L/AP for
Kitchener Waterloo Christian School Society, for the property
municipally addressed as 15 Laurentian Drive be adopted, in the form
shown in the Official Plan Amendment attached to Development
Services Department report DSD -2024-092 as Attachment 'A' and,
accordingly, forwarded to the Regional Municipality of Waterloo for
approval; and further,
That Zoning By-law Amendment Application ZBA24/003/L/AP for
Kitchener Waterloo Christian School Society for the property
municipally addressed as 15 Laurentian Drive, be approved in the
form shown in the Proposed By-law and Map No. 1, attached to
Development Services Department report DSD -2024-092 as
Attachment 'B'.
8. UNFINISHED BUSINESS
8.1 Official Plan Amendment Application OPA24/002/JBB, Zoning By-law
Amendment Application ZBA24/002/JBB, 135-161 Jackson Avenue and
135 Brentwood Avenue, Sanjiv Shukla (1000190771 ONTARIO INC.),
DSD -2024-061
Page 6 of 45
That the following recommendation outlined in Development Services
Department report, DSD -2024-061 be referred to the April 29, 2024
Council meeting to allow the applicant additional time to consider
feedback provided by the Committee related to the proposed building
heights and setbacks, emergency vehicle and waste management
vehicle access, the location of fire hydrants, a potential reduction in the
proposed number of units, information regarding the number of tenants
that will be displaced to facilitate the proposed development, relocation
assistance for existing tenants, rental replacement provisions, and
potential parkland dedication:
"That Official Plan Amendment Application OPA24/002/J/BB for
1000190771 ONTARIO INC. for the properties municipally
addressed as 135-161 Jackson Avenue and 135 Brentwood
Avenue be adopted, in the form shown in the Official Plan
Amendment attached to Development Services Department
Report DSD -2024-061 as Attachment `A', and accordingly
forwarded to the Region of Waterloo for approval; and,
That Zoning By-law Amendment Application ZBA24/002/J/BB
requesting to amend Zoning By-law 2019-051, for 1000190771
ONTARIO INC. for the properties municipally addressed as 135-
161 Jackson Avenue and 135 Brentwood Avenue be approved in
the form shown in the Proposed `Proposed By-law', and `Map No.
1' attached to Development Services Department Report DSD -
2024 -061 as Attachment `B'; and further;
That the Urban Design Brief, prepared by MacNaughton Hermsen
Britton Clarkson Planning Limited (MHBC), attached to
Development Services Department report DSD -2024-061 as
Attachment `C', be adopted, and that staff be directed to apply the
Urban Design Brief through the Site Plan Approval process."
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 To further amend By-law No. 2019-113, being a by-law to regulate
traffic and parking on highways under the jurisdiction of the
Corporation of the City of Kitchener.
11.1.b To further amend By-law No. 88-169, being a by-law to regulate,
supervise and govern the parking of vehicles on municipal off-street
Page 7 of 45
Page 8 of 45
parking facilities (Schedule B).
11.1.c
To further amend By-law No. 88-169, being a by-law to regulate,
supervise and govern the parking of vehicles on municipal off-street
parking facilities (Schedule C).
11.1.d
Being a by-law to set and levy the rates of taxation for City purposes
for the year 2024 and to provide for the payment of taxes after
interim taxes.
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. 88-171, being a by-law to designate
private roadways as fire routes and to prohibit parking thereon.
11.1.g
To further amend By-law No. 2010-190, being a by-law to prohibit
unauthorized parking of motor vehicles on private property.
11.1.h
Being a by-law to amend Chapter 599 of the City of Kitchener
Municipal Code with respect to Licensing and Regulation of
Businesses.
11.1.i
To confirm all actions and proceedings of the Council for April 29,
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 adopt Amendment No. 54 to the Official Plan - 15
Laurentian Drive.
11.2.b
Being a by-law to amend By-law 2019-051, as amended, known as
the Zoning By-law for the City of Kitchener - Kitchener Waterloo
Christian School Society — 15 Laurentian Drive.
11.2.c
Being a by-law to adopt Amendment No. 53 to the Official Plan - 135,
139, 147, 153 and 161 Jackson Avenue and 136 Brentwood
Avenue.
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 — 135, 139, 147, 153
and 161 Jackson Avenue, and 136 Brentwood Avenue.
11.2.e
Being a by-law to delegate authority to adjust property taxes
pursuant to Sections 354, 357, 358, 359 of the Municipal Act to Staff.
11.2.f
Being a by-law to exempt certain lots from Part Lot Control — Part
Lots 16 or 15 and Part Lots 17 and 18, South Side of King Street,
Registered Plan 364 and Part Lot 19, South Side of King Street,
Registered Plan 365 — 387 and 397 King Street East.
12. COMMITTEE OF THE WHOLE
Page 8 of 45
13.
14
15.
12.1 ADMINISTRATIVE REPORTS
12.1.a Applications for Cancellation, Refund, Reduction of Taxes - FIN- 12
2024-161
12.1.b Delegated Authority for Property Tax Adjustments, FIN -2024-190 14
12.1.c Downtown Kitchener BIA and Belmont BIA 2024 Budgets 20
Referenced in the 2024 Tax Rate By-law, FIN -2024-196
12.1.d Part Lot Control Exemption — PLC24/001/K/TS, 387 & 397 King 27
Street East, 2296093 Ontario Inc., DSD -2024-209
MATTERS ARISING FROM IN -CAMERA MEETING - APRIL 8, 2024
13.1 Affordable Housing Opportunity (Land Disposition - Section 239 (2) (c))
"That the CAO be authorized to execute such documentation
necessary to affect the severance of a portion City -owned lands
located at 1035 Ottawa Street North, and to declare such
severed lands as surplus to the City's needs; and,
"That the CAO be authorized to approve the disposition of such
severed lands in the form of a donation to Habitat for Humanity
Waterloo Region Inc., including executing any documentation,
satisfactory to the City Solicitor, required to facilitate such
transfer, including without limitation, agreements or other
documentation required to secure affordable housing units as
discussed in the April 8, 2024 in camera meeting of Council, to
retain a right of first refusal and/or option to repurchase such
severed lands (or any portion thereof, including, without limitation,
future condominium units), and to transfer any easement
interests in land required; and further,
That the Mayor and Clerk be authorized to execute the necessary
documentation to affect any such approved transactions, said
documentation to be to the satisfaction of the City Solicitor."
REPORT OF THE COMMITTEE OF THE WHOLE
15.1 3RD READING
15.1.a To further amend By-law No. 2019-113, being a by-law to regulate
traffic and parking on highways under the jurisdiction of the
Corporation of the City of Kitchener.
(By-law 2024-088)
Page 9 of 45
15.1.b To further amend By-law No. 88-169, being a by-law to regulate,
supervise and govern the parking of vehicles on municipal off-street
parking facilities (Schedule B).
(By-law 2024-089)
15.1.c To further amend By-law No. 88-169, being a by-law to regulate,
supervise and govern the parking of vehicles on municipal off-street
parking facilities (Schedule C).
(By-law 2024-090)
15.1.d Being a by-law to set and levy the rates of taxation for City purposes
for the year 2024 and to provide for the payment of taxes after
interim taxes.
(By-law 2024-091)
15.1.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 2024-092)
15.1.f 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 2024-093)
15.1.g To further amend By-law No. 2010-190, being a by-law to prohibit
unauthorized parking of motor vehicles on private property.
(By-law 2024-094)
15.1.h Being a by-law to amend Chapter 599 of the City of Kitchener
Municipal Code with respect to Licensing and Regulation of
Businesses.
(By-law 2024-095)
15.1.1 To confirm all actions and proceedings of the Council for April 29,
2024.
(By-law 2024-102)
15.2 LATE STARTER BY-LAWS TO BE ADDED TO THE AGENDA,
PENDING APPROVAL OF THE REPORTS OF THE COMMITTEES
15.2.a Being a by-law to adopt Amendment No. 54 to the Official Plan - 15
Laurentian Drive.
(By-law 2024-096)
Page 10 of 45
15.2.b Being a by-law to amend By-law 2019-051, as amended, known as
the Zoning By-law for the City of Kitchener - Kitchener Waterloo
Christian School Society — 15 Laurentian Drive.
(By-law 2024-097)
15.2.c Being a by-law to adopt Amendment No. 53 to the Official Plan - 135,
139, 147, 153 and 161 Jackson Avenue and 136 Brentwood
Avenue.
(By-law 2024-098)
15.2.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 — 135, 139, 147, 153
and 161 Jackson Avenue, and 136 Brentwood Avenue.
(By-law 2024-099)
15.2.e Being a by-law to delegate authority to adjust property taxes
pursuant to Sections 354, 357, 358, 359 of the Municipal Act to
Staff.
(By-law 2024-100)
15.2.f Being a by-law to exempt certain lots from Part Lot Control — Part
Lots 16 or 15 and Part Lots 17 and 18, South Side of King Street,
Registered Plan 364 and Part Lot 19, South Side of King Street,
Registered Plan 365 — 387 and 397 King Street East.
16. ADJOURNMENT
(By-law 2024-101)
Page 11 of 45
Staff Report
Financial Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: April 29, 2024
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: April 15, 2024
REPORT NO.: FIN -2024-161
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 $148,189.02 as attached to Financial Services Department report FIN -2024-
161, 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:
Forty-five requests for tax adjustments under Sections 354 and 357 of the Act were reviewed
and processed. Additional statistics related to these applications are as follows:
• 35 applications were approved for adjustment resulting in a total tax reduction of
$148,189.02.
0 5 applications were declined for an adjustment for reasons such as an absence of a
building permit or other documentation in support of the application.
• 5 applications were returned by MPAC without any recommended changes to the
assessment.
The required notices to the affected parties were sent out in accordance with the relevant
legislation.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 12 of 45
The following table shows a breakdown of the reduction in taxes in this report by the applicable
reason.
Relevant
Total Taxes
subsection of the
Reason for Application
Reduced
Act
357(1)(a)
Ceases to be liable for tax at rate it was taxed
$10,106.72
357(1)(c)
Became exempt
$124,435.53
357(1)(d)(i)
Razed by fire, demolition or otherwise
$12,812.05
S.357 Tax only Adjustment
$834.72
Total
$148,189.02
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 $34,117.50, and a reduction in BIA levies of $13,182.43 dollars, both
of which are accommodated within the 2024 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 13 of 45
Staff Report
Financial Services Department www.kitchener.ca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: April 29, 2024
SUBMITTED BY: Saleh, Saleh, Director of Revenue, 519-741-2200 ext. 7346
PREPARED BY: Yang, Shanna, Revenue Analyst, 519-741-2200 ext. 7954
WARD(S) INVOLVED: All
DATE OF REPORT: March 27, 2024
REPORT NO.: FIN -2024-190
SUBJECT: Delegated Authority for Property Tax Adjustments
RECOMMENDATION:
That the BY-LAW attached to Report Fin -2024-190 to delegate authority to adjust property
taxes pursuant to Sections 354, 357, 358 and 359 of the Municipal Act, 2001, S.O. 2001,
c.25, to staff, be approved and presented to Council for enactment.
REPORT HIGHLIGHTS:
• The purpose of this report is to request council approval to delegate authority to adjust
property taxes under Sections 354, 357, 358 and 359 of the Municipal Act, 2001, S.O. 2001,
c.25, as amended ("the Act") to staff as indicated, subject to any procedural requirements
which apply to the provision; said delegation is for improved efficiency and service delivery.
• Applicants must currently wait until a council hearing to receive their property tax
adjustments.
• Historically, applications have been processed with no changes to staff recommendations
by Council as the process is legislated with very clear guidelines on adjustments allowed
under the Act.
• Approval of the by-law will still allow applicants an opportunity to appeal staff decisions to
the Assessment Review Board.
• Staff have completed a municipal scan and the recommendation is consistent with other
municipalities.
• There are no financial implications of this report.
• This report supports the delivery of core services.
BACKGROUND:
Sections 354, 357, 358 and 359 of the Act gives local municipalities the authority to write off,
cancel, reduce or refund all or part of taxes levied on land, subject to any procedural
requirements which apply to the provision, in the year where applications are made for reasons
as laid out in these sections of the Act. The reasons for adjustments are varied, examples include
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 14 of 45
changes to property such as demolition or fire and overassessment due to gross or manifest
clerical errors.
Currently, staff submit reports with recommendations for adjustments under these sections 2 -
3 times a year to council for approval. These reports include a list of applications made, reasons
for any declined applications, amount of property tax adjustment required, and a reference to
the part of the Act an adjustment is allowed under.
The amount of property tax adjustment is calculated by staff based on tax rate for the year an
application relates to and the change in property assessment provided by MPAC. A notice of
council hearing is provided by staff to applicants at least 14 days prior as per legislation. The
notice also indicates if staff are recommending approving or declining the application along with
information for the owner on how to contact staff if they have any questions or concerns.
As the council reports are brought forward 2-3 times a year, staff have received a few complaints
from applicants about the length of time it takes to process applications and property tax refunds.
The recommendation included in this report will allow staff to process applications quickly and
more efficiently while continuing to adhere to the relevant legislation.
REPORT:
This report seeks Council approval to delegate its authority to adjust property taxes under
Sections 354, 357, 358 and 359 of the Act to staff, subject to any procedural requirements which
apply to the provision, by enacting the by-law attached to Report FIN -2024-190. The
recommendation to delegate supports enhanced timeliness of service delivery as taxpayers
applying for the adjustments will no longer have to wait until one of the scheduled council
hearings to receive their adjustment.
In support of delegation, it should be noted that current council involvement in this process is
already minimal and generally serves as the final approval step for staff recommendations. Over
the past few years, Council has not made any adjustments to the staff recommendations. Staff
must follow legislated criteria to determine which applications are allowed under the Act and
calculation for any adjustments required are based on assessment changes provided by MPAC.
Staff decisions are not arbitrary and there is little room for interpretation with current procedures
for applications under these sections.
Under requirements of the Act, municipalities must hold meetings where applicants may make
representations to council. Historically, there has only been a couple of cases over the last 15
years where representations by applicants were made at council hearings. With delegation of
authority, staff can directly satisfy meeting requirements of the Act by notifying applicants of
decision, responding to questions, and setting meetings to discuss disagreements where
necessary. Furthermore, where the applicant's disagreement with staff decisions cannot be
resolved, applicants still have a final avenue of appeal available through the Assessment Review
Board.
Staff have completed a municipal scan and found several municipalities currently delegate
authority for property tax adjustments under these sections to municipal staff. These
Page 15 of 45
municipalities include Cambridge, Guelph, Hamilton, Oshawa, Milton, Peterborough, Vaughan,
and many others.
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:
Municipal Act, 2001, S.O. 2001, c.25, as amended.
APPROVED BY: Jonathan Lautenbach, Chief Financial Officer.
ATTACHMENTS:
Attachment A — Draft by-law to delegate council authority to adjust property taxes
pursuant to Sections 354, 357, 358 and 359 of the Municipal Act to staff.
Page 16 of 45
BY-LAW NUMBER 2024 —
OF THE
CORPORATION OF THE CITY OF KITCHENER
(being a by-law to delegate authority to adjust property taxes
pursuant to Sections 354, 357, 358, 359 of the Municipal Act to
staff)
WHEREAS Section 23.1, of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that the Council of a municipality may, by by-law, delegate its
powers and duties under this and any other Act to a person or body, subject to certain
restrictions;
AND WHEREAS Council of the Corporation of the City of Kitchener for purposes
of efficient management and service delivery, deems beneficial to delegate to staff the
authority relating to the adjustment of property taxes under these sections;
AND WHEREAS Section 227 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, states that it is the role of the officers and employees of the municipality to
carry out duties required under any applicable legislation and other duties assigned by
the municipality;
AND WHEREAS pursuant to Section 354 of the Municipal Act, 2001, S.O. 2001,
c. 25, as amended, the treasurer of a local municipality shall remove unpaid taxes from
the tax roll if,
a. the council of the local municipality, on the recommendation of the treasurer,
writes off the taxes as uncollectible;
b. the taxes are no longer payable as a result of tax relief under section 319,
345, 357, 358, 362, 364, 365, 365.1 or 365.2 or a decision of any court; or
c. the taxes are no longer payable pursuant to section 33 (1.1) of the
Assessment Act.
AND WHEREAS pursuant to Section 357 of the Municipal Act, 2001, S.O. 2001,
c. 25, as amended, a municipality may cancel, reduce, or refund taxes as follows:
a. as a result of a change event, as defined in clause (a) of the definition of
"change event" in subsection 34 (2.2) of the Assessment Act, during the
taxation year, the property or portion of the property is eligible to be
reclassified in a different class of real property, as defined in regulations
made under that Act, and that class has a lower tax ratio for the taxation year
than the class the property or portion of the property is in before the change
event, and no supplementary assessment is made in respect of the change
event under subsection 34 (2) of the Assessment Act;
Page 17 of 45
b. the land has become vacant land or excess land during the year or during
the preceding year after the return of the assessment roll for the preceding
year;
c. the land has become exempt from taxation during the year or during the
preceding year after the return of the assessment roll for the preceding year;
d. during the year or during the preceding year after the return of the
assessment roll, a building on the land,
i. was razed by fire, demolition or otherwise, or
ii. was damaged by fire, demolition or otherwise so as to render it
substantially unusable for the purposes for which it was used
immediately prior to the damage;
d.1 the applicant is unable to pay taxes because of sickness or extreme poverty;
e. a mobile unit on the land was removed during the year or during the
preceding year after the return of the assessment roll for the preceding year;
f. a person was overcharged due to a gross or manifest error that is clerical or
factual in nature, including the transposition of figures, a typographical error
or similar error but not an error in judgment in assessing the property; or
g. repairs or renovations to the land prevented the normal use of the land for a
period of at least three months during the year.
AND WHEREAS pursuant to Section 358 of the Municipal Act, 2001, S.O. 2001,
c. 25, as amended, upon application to the treasurer of a local municipality made in
accordance with this section, the local municipality may cancel, reduce or refund all or
part of the taxes levied on land,
a. in one or both of the two years preceding the year in which the application is
made for any overcharge caused by a gross or manifest error in the
preparation of the assessment roll that is clerical or factual in nature,
including the transposition of figures, a typographical error or similar errors,
but not an error in judgment in assessing the property; or
b. in the year or years in respect of which an assessment is made under section
33 or 34 of the Assessment Act for any overcharge caused by a gross or
manifest error in the preparation of the assessment that is clerical or factual
in nature, including the transposition of figures, a typographical error or
similar errors, but not an error in judgment in assessing the property.
AND WHEREAS pursuant to Section 359 of the Municipal Act, 2001, S.O. 2001,
c. 25, as amended, upon application made by the treasurer of the local municipality, a
local municipality may increase the taxes levied on land in the year in respect of which
the application is made to the extent of any undercharge caused by a gross or manifest
error that is a clerical or factual error, including the transposition of figures, a
typographical error or similar error, but not an error in judgement in assessing the land.
NOW THEREFORE the Council of The Corporation of the City of Kitchener
enacts as follows:
That on behalf of the City of Kitchener the authority to adjust property taxes
under Sections 354, 357, 358 and 359 of the Municipal Act, 2001, S.O. 2001, c.
25, as amended, is delegated to the following staff or their successors thereof:
Page 18 of 45
2024.
- Chief Financial Officer (CFO)
- Director of Revenue
- Manager of Taxation and Payment Processing
- A person who is appointed by the CFO or selected from time to time by one
of the above delegates to act in their stead.
PASSED at the Council Chambers in the City of Kitchener this 29th day of April,
Mayor
Clerk
Page 19 of 45
Staff Report
Financial Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: April 29, 2024
SUBMITTED BY: Saleh, Saleh, Director of Revenue, 519-741-2200 ext. 7346
PREPARED BY: Yang, Shanna, Revenue Analyst, 519-741-2200 ext. 7954
WARD(S) INVOLVED: Ward(s)8&10
DATE OF REPORT: April 16, 2024
REPORT NO.: FIN -2024-196
SUBJECT: Downtown Kitchener BIA and Belmont BIA 2024 Budgets Referenced in
the 2024 Tax Rate By-law
RECOMMENDATION:
That the 2024 Budgets for the Downtown Kitchener Business Improvement Area (BIA)
and the Belmont Business Improvement Area (BIA) be approved pursuant to Section 205
(2) of the Municipal Act, 2001.
REPORT HIGHLIGHTS:
This report supports the delivery of core services.
BACKGROUND:
Section 205 (2) of the Act states that the board of management shall submit the budget to council
by the date and in the form required by the municipality and the municipality may approve it in
whole or in part but may not add expenditures to it.
REPORT:
The Downtown Kitchener BIA 2024 Budget was reviewed by the Board on August 23, 2023, and
includes the following:
Levy $ 1,816,000
Expenses $ 1,816,000
(refer to Attachment A — Downtown Kitchener BIA)
The Belmont BIA 2024 Budget was reviewed by the Board on January 30, 2024 and includes
the following:
Levy $ 48,624
Expenses $ 60,774
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 20 of 45
(refer to Attachment B — Belmont BIA).
Approving the budget is the last step required to be able to levy taxes on behalf of the BIAs.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
The 2024 BIA levy, once approved, will be used to determine BIA tax rates to be incorporated
into the 2024 tax rate by-law.
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
ATTACHMENTS:
Attachment A — Downtown Kitchener BIA
Attachment B — Belmont Business Improvement Area
Page 21 of 45
Downtown Kitchener BIA
Draft 2024 Budget
REVENUE
BIA Levy
Grant Funding
Injection from Surplus
TOTAL REVENUE
EXPENSES
BEAUTIFY (ENHANCE)
Graffiti Removal
Patio Program
Horticulture (Contribution to the City of Kitchener)
DTK Street Squad
DTK Art Walk
Window Decorating with Conestoga College
Keeping Downtown Clean (after 5pm waste removal)
TOTAL BEAUTIFY (ENHANCE)
ACTIVATE
Kitchener -Waterloo Oktoberfest
Kitchener Blues Festival
Festivals (Contribution to the City of Kitchener)
Christkindl Market (Contribution to the City of Kitchener)
Hut Repair
Live Music Member Grant
Arts and Culture Activation
Community Builder Grant
TOTAL ACTIVATE
CONNECT
DTK Resident Club
Marketing and Promotions
Social Media Program (Contract)
Downtown Safety
Downtown Dollars
TOTAL CONNECT
GENERAL & ADMIN
OFFICE MOVE
MEMBER RELATIONS
MEETINGS & PROFESSIONAL DEVELOPMENT
HR EXPENSES
TOTAL EXPENSES
2023 Budget
2024 Budget
1,485,000
1,816,000
10,000
-
220,000
-
$1,715,000
$1,816,000
15,000
20,000
200,000
40,000
50,000
50,000
10,000
-
-
155,000
30,000
20,000
50,000
60,000
$405,000
$345,000
30,000
30,000
40,000
45,000
50,000
50,000
40,000
40,000
10,000
-
90,000
60,000
150,000
225,000
60,000
30,000
$470,000
$480,000
-
30,000
170,000
200,000
48,000
-
11,000
20,000
$229,000
$250,000
$139,000
$155,000
$18,000
$0
$7,000
$7,000
$19,000
$20,000
$443,000
$566,000
$1,730,0001
$1,816,000
2024 DRAFT BUDGET Page 22 oft of 1
City of Kitchener BIA 2024 Budget Comments
August 14, 2023
The BIA team, and the BIA Board are significant contributors to the life and vibrancy of downtown
Kitchener. The economic development team would be unable to realize its downtown objectives
without the BIA's investments. Please accept the follow comments as background and context as the
Board considers the BIA's 2024 expenditures.
Horticulture/Operations
Pre -pandemic there was a request from the downtown businesses to enhance and upgrade the plant
materials in DTK to support beautification efforts. The city's horticulture team was able to do this with
horticulture support from the BIA. In 2020, the city received a written complaint from several
developers and building owners requesting that the city further enhance and address the DTK
beautification efforts.
Over the last 3 years the Parks/Operations team from the City of Kitchener has added resources (human
and financial) to support the maintenance and horticulture efforts in downtown Kitchener. For many
years, both Economic Development (Downtown) and the Downtown Kitchener BIA have contributed to
these efforts. The BIA has contributed $50,000/year in support of this work.
Beginning in the fall of 2020 a dedicated DTK Operations team was established. This team works directly
with the horticulture team within the city's Parks department. The following investments have been
made by the municipality over the last three years:
Capital
Tree, concrete and paver replacements
Electrical and irrigation system upgrades
Carl Zehr Square updates
Operating
Addition of downtown operations staff and resources
Expanded horticulture efforts (plant materials, watering, seasonal plantings)
Support for BIA patio planters (material and maintenance)
The BIA's continued support of the horticulture program is essential to maintaining the current
standard. Changes in funding would directly hinder the operational and horticulture efforts in DTK.
Current funding is required to maintain staffing and service levels.
Special Events
The BIA has a tradition of support and collaboration with the Economic Development Special Events
team, and the numerous community partners who host, run, and animate large scale events in
Page 23 of 45
downtown Kitchener. The vibrancy we have come to expect is the result of both large- and small-scale
activations. Large scale activations will continue to draw thousands of people to the core who will
experience DTK in new ways. Each impression is critical in shaping the DTK story and furthering the
feeling that DTK is safe, vibrant, and open for business. The 2023 edition of Cruising on King is a perfect
example, where nearly 16,000 individual cell phone users were captured.
The Special Events team, under Manager Steve Roth, has been using the 2023 season to assess, collect
data, and review operational processes to consider how best to strategically deliver exceptional event
experiences. The Special Events (SE) team co-ordinates and/or supports all aspects of the large-scale
events. In 2023, these include, but is not limited to:
• Tri -Pride
• KW Multicultural Festival
• Canada Day
• Ribfest
• Cruising on King
• Wayback Festival
• KidsPark
• Oktoberfest
• Christkindl
The SE team has embarked on a data collection exercise to assess and understand the reach and impact
of each event. 2023 was a first step toward gathering and understanding the data, with the aim of
tailoring the event activities, understanding event demographics, and expanding the data collection
exercise into 2024 and 2025.
The BIA's support for DTK activations is critical and necessary to realize the breadth and scale of the
events that animate the downtown. It has always been essential to draw upon many partners,
collaborators, and contributors and this will be even more critical as the cost to support events and
community partners increases.
In a recent meeting with city staff, Linda Jutzi, BIA ED shared that moving forward the BIA would
welcome opportunities to:
• add or tweak event programming to animate King Street during business operating hours.
• work more collaboratively to review event outcomes to align better with shared objectives.
The city is open to a dialogue on how to incorporate the BIA's concerns and to address the evolving
needs of downtown businesses and partners. The city believes that there is significant synergy between
the BIA's recently approved strategic priorities, the community led DTK Visioning exercise, and the
strategic priorities set out for the SE team. Council recently approved strategic priorities (2023-2027)
that include a focus on special events, highlighting the significance of this community benefit. The city
welcomes the opportunity to work in partnership with the BIA.
The BIA's support ($50,000 for large events, and $40,000 for Christkindl) is essential to the event
portfolio. It is the city's request that the BIA continue its support of special events and the vibrancy and
economic contribution that activations provide to DTK.
Page 24 of 45
Belmont Business Improvement Area
(Belmont BIA)
REVENUE
City of Kitchener BIA Levy
Other Income
Total Revenue
EXPENSES
Administration and General
Improvement Projects
Digital Marketing
Events & Promotions
BIA Boundary Expansion Project
Finance
Marketing
Summer Project
Total Expenses
Budget Actual Budget
2023 2023 2024
44,822.00 $44,797 48,624
14,100.00 $9,773
58,922.00 $54,570 48,624
39,688.00
$43,005
39,774
1,900.00
$226
3,300
$3,962
9,500
7,750
450
17,334.00
$0
17,950.00
$0
76,872.00 $47,193 60,774
Net Revenue (Expenses) -17,950.00 $7,377 -12,150
Accumulated Surplus, beginning of year 60,912.00 $60,912 68,289
Accumulated Surplus, end of year 42,962.00 $68,289 56,139
Note: the $68,289 surplus is made up of $14,789 cash and the $53,500 fixed assets.
Page 25 of 45
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Page 26 of 45
Staff Report
l
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: April 29, 2024
SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals,
519-741-2200 ext. 7860
PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860
WARD INVOLVED: Ward 9
DATE OF REPORT: April 24, 2024
REPORT NO.: DSD -2024-209
SUBJECT: Part Lot Control Exemption — PLC24/001/KITS
387 & 397 King Street East
2296093 Ontario Inc.
RECOMMENDATION:
That the City of Kitchener, grant approval to Part Lot Control Exemption Bylaw
PLC24/001/K/TS for 387 &397 King Street East to exempt certain lots from Part Lot
Control - Part of Lots 16 or 15 (Hueglin) & Part of Lots 17 (B. Moogk) & 18, South
Side of King Street, Registered Plan 364, Part of Lot 19, South Site of King Street,
Registered Plan 365, and further,
That the City Solicitor be authorized to execute and register an agreement with the
Owner pursuant to Section 118 of the Land Titles Act in relation to the property
legally described as Part of Lots 16 or 15 (Hueglin) & Part of Lots 17 (B. Moogk) &
18, South Side of King Street, Registered Plan 364, Part of Lot 19, South Site of King
Street, Registered Plan 365
REPORT HIGHLIGHTS:
• The purpose of this report is to provide a recommendation to approve the proposed
Part Lot Control exemption By-law for the property at 387 & 397 King Street East.
• There are no financial implications.
• This report supports the delivery of core services.
BACKGROUND:
The owner 2296093 Ontario Inc. is proposing a part lot control exemption to create a
strata plan for the property containing 8 part lots.
The subject property is an irregular shaped lot, with frontage onto King Street East, Charles
Street East, Madison Avenue South, and Cedar Street South. The property has received site
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 27 of 45
plan approval in 2018 for 2 buildings, one containing a 2 -storey building with ground floor
commercial and a 2nd storey office space. The other building consists of an 8 -storey building
containing ground floor commercial and the remaining floors are residential containing 60
residential units (Site Plan Application SP18/063/K/LT).
This application is in conjunction with a Common Element Condominium application that has
been circulated and currently under review. Each of the buildings within the parcel of tied
lands will also be making a future standard condominium applications to further delineate the
units.
Figure 1: Location map
REPORT:
The owner 2296093 Ontario Inc. is proposing a part lot control exemption to create a
strata plan for the property containing 8 part lots. 1 parcel of tied land will consist of a two-
storey commercial office building, 1 parcel of tied land will consist of an eight storey mixed
use building, 5 part lots will consist of various mechanical rooms, and 1 for a maintenance
easement. This application is in conjunction with a Common Element Condominium
application that has been circulated and currently under review. Each of the buildings within
the parcel of tied lands will also be applying for standard condominium applications.
Each parcel of tied land created will be required to be a separate conveyance in order to be
dealt with separately, and for this purpose the part lot control exemption process has been
requested.
An agreement under Section 118 of the Land Titles Act will be required in order to ensure
that the POTL's will not be conveyed until the standard condominium applications are
registered without the City's permission. The Section 118 agreement will be released from
title when both POTLs are registered.
Page 28 of 45
Registered plan 58R-22006 was submitted and approved by the Land Registry office as part
of this application.
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:
• Planning Act
• Land Titles Act
• Condominium Act, 1998
• MUN-PLA-1072
APPROVED BY: Justin Readman - General Manager, Development Services
ATTACHMENTS:
Appendix "A" - Registered Plan 58R-22006
Appendix "B" - Approved Site Plan SP18/063/K/TS
Appendix "C" - Proposed Part Lot Control By-law
Page 29 of 45
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OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to exempt certain lots from Part Lot
Control — Part Lots 16 or 15 (Hueglin) and Part Lots 17 (B.
Moogk) and 18, South Side of King Street, Registered Plan
364 and Part Lot 19, South Side of King Street, Registered
Plan 365 — 387 and 397 King Street East)
WHEREAS by Subsection (7) of Section 50 of The Planning Act, R.S.O. 1990,
Chapter P.13 it is provided that a municipal Council may by by-law provide that subsection
(5) of said Section 50 (Part Lot Control) does not apply to land within plans or parts of plans
designated in the by-law and that when the by-law is approved by the appropriate approval
authority, said subsection (5) ceases to apply to the lands therein described:
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts
as follows:
1. Subsection (5) of Section 50 of The Planning Act, R.S.O. 1990, Chapter P.13, does
not apply to the lands described as Part Lots 16 or 15 (Hueglin) and Part Lots 17 (B.
Moogk) and 18, South Side of King Street, Registered Plan 364 and Part Lot 19,
South Side of King Street, Registered Plan 365, designated as Parts 1 to 8 inclusive
on Reference Plan 58R-22006, in the City of Kitchener and in the Regional
Municipality of Waterloo.
2. This by-law shall be restricted in its application only to divide the lot(s) and block(s)
cited above according to the parts on the reference plan(s) cited above.
3. This by-law shall remain in force and effect for a period of two (2) years from the
date of its passing and shall expire on April 29, 2026.
4. This by-law was approved by the Council of The Corporation of the City of
Kitchener, on the date of passing hereof, by authority delegated by Regional By-law
Page 44 of 45
Number 97-061 pursuant to Section 51.2 of the Planning Act, R.S.O. 1990, Chapter
P.13, as amended.
PASSED at the Council Chambers in the City of Kitchener this
day of April, A.D. 2024.
Mayor
Clerk
Page 45 of 45