HomeMy WebLinkAboutPSI Agenda - 2024-06-03Planning & Strategic Initiatives Committee
Agenda
Monday, June 3, 2024, 5:30 p.m. - 7:30 p.m.
Council Chambers
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 kitchener.ca. Please refer to the
delegation section on the agenda below for in-person registration 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.*
Chair: Councillor P. Singh
Vice -Chair: Councillor D. Chapman
Pages
1. Commencement
2. 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.
3. Consent Items
The following matters are considered not to require debate and should be
approved by one motion in accordance with the recommendation contained in
each staff report. A majority vote is required to discuss any report listed as
under this section.
3.1 Culture and Entertainment - Delegated Authority for Talent Purchases 3
and Agreements, DSD -2024-259
3.2 Cycling and Trails Master Plan Spot Fixes, DSD -2024-154 9
4. 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 3:30 p.m. on June 3, 2024, in order to participate electronically.
4.1 None at this time.
5. Discussion Items
5.1 Shared Accommodation By-law, COR -2024- 45 m 19
233
(Staff will provide a 10 -minute joint presentation related to Item 5.1
Shared Accommodation By-law and Item 5.2 City-wide Lodging House
Review.)
5.2 Supplemental Report to DSD -2023-446, City- 30 m 59
wide Lodging House Review, DSD -2024-249
(Please be advised this matter was previously considered at the Planning
and Strategic Initiatives Committee meeting on October 30, 2023, as well
as the Council Meeting on November 6, 2023, and was referred to a
Standing Committee of Council, to allow consideration of the Official Plan
and Zoning amendments to be considered concurrently with a new
Lodging House Licensing By-law.)
6. Public Hearing Matters under the Planning Act (advertised)
This is a formal public meeting to consider applications under the Planning Act.
If a person or public body does not make oral or written submissions to the City
of Kitchener before the proposed applications are considered, the person or
public body may not be entitled to appeal the decision to the Ontario Land
Tribunal and may not be added as a party to a hearing of an appeal before the
Ontario Land Tribunal.
6.1 None.
7. Information Items
7.1 Biehn Drive and Sanitary Trunk Sewer Environmental Assessment 103
Update, DSD -2024-244
8. Adjournment
Marilyn Mills
Committee Coordinator
Page 2 of 107
Staff Report
J
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: June 3, 2024
SUBMITTED BY: Cory Bluhm, Executive Director, Economic Development (ext. 7065)
PREPARED BY: Jeremy Dueck, Director, Culture & Entertainment (ext. 5264).
WARD(S) INVOLVED: ALL
DATE OF REPORT: March 16, 2024
REPORT NO.: DSD -2024-259
SUBJECT: Delegated Authority for Talent Purchases and Other Agreements
RECOMMENDATION:
That the Director of Culture & Entertainment, Manager of Special Events, Manager of
Arts & Creative Industries, and Manager of Downtown Development and Innovation
be authorized to execute legal agreements relevant to the business functions of the
Culture & Entertainment division, in accordance with the approval parameters set out
in DSD -2024-259, with said agreements to be to the satisfaction of the City Solicitor;
and further,
That the Director of Culture & Entertainment be authorized to execute sponsorship
agreements, pertaining to Culture & Entertainment, in accordance with the approval
parameters set out in DSD -2024-259, with said agreements to be to the satisfaction of
the City Solicitor.
REPORT HIGHLIGHTS:
• The purpose of this report is to modify existing delegated authority provisions related to
executing legal agreements relevant to the Culture & Entertainment division — Arts &
Creative Industries, Special Events, and the Centralized Service Provider (i.e.,
supporting City -owned culture and entertainment venues).
• The key finding of this report is that the Director of Culture & Entertainment and various
managers within Economic Development should be added to the roster of authorized
individuals to execute the following agreements within the scope of the Culture &
Entertainment division: talent offers and purchase agreements, special event and
performer agreements, and sponsorship agreements. All said agreements to be to the
satisfaction of the City Solicitor.
• Extending authority for these key legal agreements improves staff's ability to lead and
set expectations with venue operators, arts organizations, and community partners,
secure live entertainment, improve business operations, create revenue generating
opportunities, operate with transparency and accountability, and align with standard
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 3 of 107
operating procedures that are considered best practice in the culture and entertainment
industry.
This report supports the delivery of core services.
BACKGROUND:
Culture & Entertainment is a newly formed sub -division that sits within Economic
Development and includes 3 units: Arts & Creative Industries, Special Events, and the
Centralized Service Provider (CSP), whose team is tasked with providing business services
and operational support to the City -owned culture and entertainment venues (i.e., The
Centre In The Square, The Registry Theatre, The Conrad Centre for the Performing Arts
and The Aud). Collectively, these teams also support numerous City -owned facilities and
their operators, including the 44 Gaukel Creative Hub, Victoria Park Pavilion, THEMUSEUM,
and the Homer Watson House & Gallery.
As staff review current business practices and work with internal departments to improve
operational efficiencies, it is evident that delegated authority for a defined scope of legal
agreements will provide clarity for staff as well as for invested groups who interact with the
Culture & Entertainment team and conduct business with the City. Signing authority for the
agreements described in this report have already been delegated to staff. The proposed
changes refine which staff member is delegated to sign agreements.
REPORT:
Culture & Entertainment staff have identified the following agreements for which modified
delegated authority would allow the team to function more efficiently and create the
necessary infrastructure to scale up business services and operational supports:
1. Talent offers and purchase agreements;
2. Special event and performer agreements; and,
3. Sponsorship agreements.
1. Talent Offers and Purchase Agreements:
The Culture & Entertainment division currently purchases major performers/entertainment,
often associated with festivals and events, such as Canada Day. These are often procured
through talent agencies. The process for purchasing a show usually consists of two steps:
a) Submitting a talent "offer sheet" to the agent, and then,
b) Signing a talent purchase agreement after the agent accepts the talent offer.
Note: The terms of the talent purchase agreement align with the talent offer sheet.
In these instances, purchase agreements have been prepared by third parties (e.g., agents,
promoters, artists, etc.) for the City to sign. Talent agencies consider the offer sheet to be a
binding proposal. The offer sheet outlines the basic financial deal points, and the purchase
agreement adds additional terms and conditions, such as the technical/production rider.
Given the expanded mandate to support all performing arts venues, it is likely that the
requirement to purchase talent will increase. Having delegated authority clarity will allow
staff to act when talent offer and talent purchase opportunities arise.
Page 4 of 107
Like the delegated authority process recommended and approved in CSD -2023-233,
"Execution of Talent, Suite, and Sponsorship Agreements at The Aud," the Manager of Arts
& Creative Industries or Manager of Special Events would execute the talent offer sheet and
subsequent talent purchase agreement upon receipt of approval from one of the following
persons based on the risk value of the show (i.e., the artist guarantee):
�ffimwwl) WX,
Less than $150K Manager, Arts & Creative Director, Culture & Entertainment
CDN Industries
Manager, Special Events
Greater than Manager, Arts & Creative One of the following:
$150K CDN Industries Executive Director of Economic
Manager, Special Events Development, GM of Development
Director, Culture & Services, or CAO
Entertainment
For free festivals and events, the upset limits of performer costs are often determined by the
event budget. Where staff may seek to host a ticketed event (such as those that currently
occur at The Aud), managers in the Culture & Entertainment division will complete a pro
forma/business case to assess the breakeven point for ticket sales and ancillary revenue
generation opportunities with each talent purchase.
Page 5 of 107
2. Special Event and Performer Agreements:
When supporting festivals and events on City property, the City often requires two types of
contracts to be signed: i) special event agreements, signed by a third -party organization
seeking to host/partner on an event on City lands; and, ii) performer agreements, signed by
artists who the City has contracted to perform. Unlike Talent Offers, these agreements are
generated by City staff.
Following a similar process used at The Aud (Community Services Department Report CSD -
02 -208), staff have been working with Legal Services to revise an outdated event
partnership agreement template previously approved by Council in 2006. The resulting
revised special event agreement can be used for Culture & Entertainment events. This
report recommends that the Director of Culture & Entertainment, Manager of Arts & Creative
Industries, or the Manager of Special Events be authorized to sign the Agreement on behalf
of the City.
Staff have also been working with Legal Services to revise an outdated performer agreement
template which was initially approved by Council in 1999. In 2000, Council delegated
authority to sign same to the Manager of Purchasing or designate, to a monetary limit of
$7,000. In 2000, Council also delegated signing authority to Facilitators in Community
Programs and Services, the Facilitator of Special Events, and the Director of Community
Programs and Services, with the same $7,000 monetary limit. In 2006, Council increased
the monetary limit of the Facilitator of Special Event's delegated authority to $20,000. The
proposed changes would authorize additional Managers within Economic Development to
sign said agreements.
September 25, 2006
"That the Event Partnership Agreement
template, as attached to Community
Services Department report CSD -06-098,
be approved; and further, That the
Manager of Special Events be authorized
to execute the pre -approved Event
Partnership Agreements, subject to the
approval of the City Solicitor."
May 8, 2006
"That the Facilitator of Special Events be
authorized to execute the pre -approved
Entertainment and Service Provider
contracts, to a limit of $20,000, subject to
the satisfaction of the City Solicitor and
adherence to all Purchasing Guidelines."
Add:
Manager of Arts & Creative Industries
Director of Culture & Entertainment
Adjust/Add:
Manager of Special Events
Manager of Arts & Creative Industries
Manager of Downtown Development &
Innovation
Director of Culture & Entertainment
Page 6 of 107
3. Sponsorship Agreements:
On various occasions, City staff have been able to secure sponsorships for festivals and
events. These are often one-time sponsorships, and typically relate directly to the
programming delivered at an event. In 2016, Council approved the City's Municipal
Sponsorship Policy (GOV-COR-2000) which grants the CAO or DCAO the delegated
authority to enter into agreements for amounts up to $125,000 for the term of the agreement,
subject to the satisfaction of the City Solicitor. As most sponsorship agreements are often
for lesser amounts (e.g., sponsorship agreements worth $5,000) it is more appropriate that
signing authorities be delegated from the CAO and DCAO to the appropriate Director and
Manager as noted in the table below.
The delegated authority recommended would be exercised upon the approval set out below,
and is consistent with the City's overall sponsorship policy and approval authorities:
Updating this delegation of authority will allow for sponsorship agreements pertaining to
Culture & Entertainment to be expedited, creating a better customer experience through
efficient business operations. All sponsorship agreements will continue to abide by the
City's overall Sponsorship Policy and will be subject to review by Legal, as appropriate.
Conclusion
Approving these delegated authority recommendations will allow the Culture &
Entertainment division to achieve greater operational efficiency and provide an improved
ability to respond to emerging, time -sensitive opportunities.
STRATEGIC PLAN ALIGNMENT:
Page 7 of 107
The recommendation outlined in this report supports the achievement of the City's strategic
vision through the delivery of core service.
FINANCIAL IMPLICATIONS:
No direct impact. Purchasing of performances for free events are made within the scope of
approved budgets. The financial risks of solely purchasing a show or buying cooperatively
with a promoter include event cancellation, low ticket sales, and negative publicity. In these
instances, staff will complete a pro forma/business case for each event and ensure there is
appropriate budget capacity to cover any losses. The direct financial liability of cancelling a
show is outlined in the offer sheet and talent purchase agreement with the agent (i.e., the
"artist guarantee").
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:
CSD -2023-233, Execution of Talent, Suite, and Sponsorship Agreements at The
Aud
CSD -02-208, Licence to Operate an Event Agreement at the Kitchener Memorial
Auditorium Complex
GOV-COR-2000, Municipal Sponsorship Policy
APPROVED BY: Dan Chapman, CAO
ATTACHMENTS: NA
Page 8 of 107
Staff Report
Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: June 3, 2024
SUBMITTED BY: Barry Cronkite, Director, Transportation Services, 519-741-2200 ext.
7738
PREPARED BY: Darren Kropf, Manager, Active Transportation and Development,
519-741-2200 ext. 7314
WARD(S) INVOLVED: All Wards
DATE OF REPORT: May 23, 2024
REPORT NO.: DSD -2024-154
SUBJECT: Cycling and Trails Master Plan spot fixes in 2024
RECOMMENDATION:
That staff be directed to implement the proposed 2024 Cycling and Trails Master Plan
spot fixes as described in DSD -2024-154; and,
That pedestrian crossovers (PXOs) be installed on the Laurentian Trail at Laurentian
Drive, Williamsburg Road, Strasburg Road, and Lucerne Drive; and,
That stopping be prohibited at any time 15 metres from the crossing at each
approach, and ten (10) metres immediately following each crossing; and,
That a raised crossing be constructed at the Laurentian Trail at Lucerne Drive; and
further,
That the Uniform Traffic Bylaw be amended accordingly.
REPORT HIGHLIGHTS:
• The purpose of this report is to share with City Council the identified spot fixes that are
recommended for installation in 2024 to improve cycling and trail safety and
connectivity.
• The key finding of this report is staff is proposing trail access upgrades (curb cuts), trail
signing and marking upgrades, trail crossing upgrades, bike parking, trail counters, and
wayfinding and navigational sign installations in an effort to improve safety for all modes
of travel.
• The financial implications are that $200,000 will be dedicated to spot fixes for safety and
route connectivity, with an additional $50,000 dedicated for wayfinding installations and
additional spot fix improvements in 2025.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 9 of 107
• Community engagement included consulting with over 3,200 residents during the
development of the Cycling and Trails Master Plan (CTMP). People identified locations
that are uncomfortable and/or unsafe for people walking, rolling and cycling. Staff also
received individual spot fix suggestions since Council's approval of the CTMP and has
had on-going engagement with the Active Transportation and Trails Advisory
Committee (ATTAC).
• This report supports the delivery of the Strategic Plan action item "Building a Connected
City Together" through implementing "Localized Transportation Safety Improvement
Program".
BACKGROUND:
In October 2020, Kitchener Council adopted the City of Kitchener's Cycling and Trails Master
Plan through report INS -20-015. The CTMP includes 35 strategic actions in three areas of
focus: Connections, Experience and Culture. Action 1A-4 calls for the City of Kitchener to
develop a spot improvement program and make safety and network connectivity
improvements throughout the City of Kitchener. Information gathered during the
engagement phase of the Cycling and Trails Master Plan, public and stakeholder input was
used to identify trail deficiencies, intersections and crossing locations that are uncomfortable
and/or unsafe for people walking, cycling, and rolling. The CTMP also identified a timeline
for these spot fix improvements; defined by short, medium and long term; as can be seen in
figure ES -2 — "Cycling and Trail Network Priorities" of the plan.
In the 2024 budget process, and in support of the CTMP and Vision Zero, Kitchener City
Council allocated additional funding for seasonal council -directed traffic calming measures
and improvements in the safety and connectivity of road, active transportation and trail
networks. Staff prioritized potential projects based on Vision Zero risk factors, public
feedback, and route connectivity priorities identified during public engagement for the
Cycling and Trails Master Plan (2020).
REPORT:
To support safety and connectivity improvements, several site-specific "spot fixes" have
been identified that focus on improved trail crossings and trail connectivity. In addition to the
spot fixes recommended in the CTMP, locations were also identified by the Active
Transportation & Trails Advisory Committee (ATTAC), as well as by City Councillors during
bike rides in their respective wards in 2023.
Transportation Services staff also worked with ATTAC to develop a "Request a Bike Rack"
program where community members can identify short-term bike parking locations on City
property to help people make their everyday journeys by bike. The online form can be found
at bikekitchener.ca and the recommended install locations are included within the 2024 spot
fix program.
The table below summarizes the recommended spot fix program for installation in 2024:
Recommended Spot Fix Improvements - 2024
Ward Location
Description
Cost
1 Trail access at
Install curb cut for accessible access to
$7,000
Rothsay Avenue and
trail
Matthew Street
Page 10 of 107
2
Trail access at Idle
Install curb cut for accessible access to
$7,000
Creek Drive
trail
2
Dom Cardillo Trail at
Install an eco -counter to gather year-round
$2,000
River Road
pedestrian and cyclist data
2
Dom Cardillo Trail
Install streetname blades for better
$3,000
accesses
orientation within the neighbourhood trail
network
3
Homer Watson
Install additional signs and markings to
$2,000
Boulevard multi -use
bring greater awareness to trail and
trail
driveway conflicts with poor visibility
3
Franklin Road at
Pavement marking adjustments to
$10,000
Kingsway Drive
improve traffic operations following bike
lane installation
4
Streetname blades in
Install streetname blades for better
$2,000
Willowlake Park and
orientation within the neighbourhood trail
Homer Watson Park
network
5
Streetname blades in
Install streetname blades for better
$2,000
Parkvale Park
orientation within the neighbourhood trail
network
5
Trail connection
Install curb cut for accessible access to
$7,000
between Watercress
trail
Court and Ottawa
Street
6
Laurentian Trail
Install pedestrian crossovers at all city-
$100,000
crossings
owned crossings, upgrade refuge island to
meet accessibility requirements at
Strasburg Road, install a raised crossing
at Lucerne Drive and install streetname
blades
6
Trail access at
Install curb cut for accessible access to
$7,000
Country Hill Drive
trail
8
Trail access at
Install curb cut for accessible access to
$7,000
Cloverdale Crescent
trail
8
Henry Sturm Trail at
Install an eco -counter to gather year-round
$2,000
Lawrence Avenue
pedestrian and cyclist data
8
Belmont Village
Install five bike racks on north -end of
$5,000
business district
9
Iron Horse Trail at
Repair broken counter and upgrade to
$3,000
Cherry Street
model that can count e -scooters in
addition to pedestrians and cyclists
9/10
King Street boulevard
Install signage and markings to better
$11,000
multi -use trail between
delineate the trail from the transit stations
Wellington Street and
and reduce conflicts between pedestrians
Victoria Street
and cyclists
10
Weber Street
Install signage, markings and crossrides to
$22,000
boulevard multi -use
bring greater awareness to conflicts at
trail between Victoria
driveways and minor street crossings
Street and Wilhelm
Street
Page 11 of 107
10
Wellington Street at
Ahrens Street
Install a bike rack to serve transit and local
businesses
$1,000
Raised, uncontrolled
TOTAL
$200,000
A map of all proposed locations can be found in Appendix A.
In addition to the recommended spot fix program, staff are recommending that
approximately $50,000 of the dedicated funding be used for wayfinding projects that would
contribute to the Strategic Plan action item for city-wide active transportation routes. This
work is underway and draft routes will be shared for public input and with City Council this
fall. The initial route forwayfinding sign deployment is planned for Wards 7, 8 and 9, between
the Boardwalk and Downtown. Spot fix projects along this route would also be identified and
prioritized in 2025, to ensure the route is safe and comfortable for all ages and abilities.
Laurentian Trail Crossing Upgrades
Laurentian Trail is an open space trail providing recreational opportunities and transportation
options, serving several high pedestrian and cyclist destinations, including schools,
McLennan Park, and retail. Improving the trail crossings was identified by the community as
an important "spot fix" during the engagement phase of the Cycling and Trails Master Plan
and is supported by the Vision Zero network screening analysis. More specifically
pedestrian crossovers (PXOs) were requested.
Ontario Traffic Manual (OTM) Book 15: Pedestrian Crossing Treatments provides guidance
for the selection and design of PXOs. Pedestrian Crossovers (PXOs) provide pedestrians
with crossing opportunities by requiring motorists to yield to pedestrians within the
crosswalk. The presence of a pedestrian in the crosswalk requires the driver of a vehicle
approaching the crossover to stop before entering the crossover. See Appendix C for PXO
types proposed in this report.
The following four Laurentian Trail crossing locations were studied in 2023/2024 and staff
are the installation of a PXO at minimum in each location (warrant information included in
Attachment B — Laurentian Trail PXO Warrants):
Street crossing
Current conditions
Proposed improvements
Williamsburg Rd
Raised, uncontrolled
Install PXO Level 2 Type D
crossing
Laurentian Dr
Raised, uncontrolled
Install PXO Level 2 Type D
crossing
Strasburg Rd
Substandard refuge
Retrofit refuge island to meet AODA
island, Crossing
requirements, and install PXO Level 2
Guard location
Type B
crossing Guard location to remain
Lucerne Dr
Uncontrolled crossing
Install raised crossing, improve trail
alignment and install PXO Level 2 Type D
This addresses the Laurentian Trail crossings that fall within municipal jurisdiction. It is worth
noting that the Laurentian Trail crossing of Westmount Road East is under the jurisdiction
of the Region of Waterloo. Staff will continue to discuss this location with Regional staff for
potential improvements in the future.
Page 12 of 107
STRATEGIC PLAN ALIGNMENT:
This report supports This report supports the delivery of the Strategic Plan action item
"Building a Connected City Together" through implementing a "Localized Transportation
Safety Improvement Program".
FINANCIAL IMPLICATIONS:
Capital Budget —In the 2024 budget process, Kitchener City Council allocated an additional
$400,000, funded from the tax capital reserve, for additional seasonal council -directed traffic
calming measures and improvements in the safety and connectivity of road, active
transportation and trail networks. In DSD -2024-073 Vision Zero Project Update, staff
reported that $150,000 of that funding was allocated to solar powered radar signs and
seasonal roadway narrowings, leaving $250,000 for trail safety and connectivity
improvements, as described within this report.
Operating Budget — The proposed improvements will have on-going operating costs related
to the life cycle maintenance for signs, pavement markings, asphalt repair, etc. These costs
will be referred to the 2025 budget process.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of
the council / committee meeting.
CONSULT — Over 3,200 residents were engaged during the development of the Cycling and
Trails Master Plan. This included in-person and online engagement where residents were
asked to identify specific spot fix locations that reduce barriers to their cycling and trail use.
Individual suggestions since the adoption of the CTMP have also been logged and
investigated, and are reflected in the proposed project list.
COLLABORATE - The Active Transportation & Trails Advisory Committee shared a list of
desired trail curb cuts for spot fix implementation in 2022. Also in 2022, ATTAC submitted a
memo to staff proposing a "Request a Rack" program to satisfy action 2B in the CTMP to
deploy more bike parking.
A draft of DSD -2024-154 was shared with the Active Transportation and Trails Advisory
Committee on Tuesday May 14, and they unanimously passed the following motion: "That
the Active Transportation and Trails Advisory Committee is appreciative of City Council's
additional investment in trail safety and connectivity through the 2024 Budget process and
ATTAC is in full support of the list of spot fix projects presented in DSD -2024-154."
PREVIOUS REPORTS/AUTHORITIES:
• DSD -2024-073 Vision Zero Project Update
• INS -20-015 2020 Cycling and Trails Master Plan
APPROVED BY: Justin Readman, General Manager, Development Services
ATTACHMENTS:
Attachment A — Spot fix locations map
Attachment B - Laurentian Trail PXO Warrants
Attachment C — PXO Types
Page 13 of 107
Attachment A - Spot fix locations map
Ike Parking
Trad Curb Coat Accessibility Improvement
Pedestrian Crossover P
7 frail Counter
— Boulevard Multi-Use"Trall Safety Improvements
Streetname Blades
Active'Transportation Wayfinding Route (2025)
Page 14 of 107
Attachment B — Laurentian Trail PXO Warrants
Ontario Traffic Manual (OTM) Book 15: Pedestrian Crossing Treatments provides guidance
for the selection and design of PXOs.
PXOs are recommended when the following conditions are met:
• 100 or more pedestrians observed crossing over an 8 -hour period;
• 750 vehicles per 8 -hour period;
• No other controlled crossing within 200 m;
• Adherence to Ontario Traffic Manual Book 15 lane configuration and traffic volume
conditions; and
• Posted speed limit <_ 60 km/h.
There are four types of PXOs, as directed by OTM Book 15. See Attachment C for the two
types recommended in this report. The distinguishing feature is Type B includes flashing
beacons — activated by pedestrians with a push button — while Type D does not include the
beacons. Both types grant legal right of way to pedestrians, but the flashing beacons are
used on higher volume streets for greater visibility and awareness to drivers.
WILLIAMSBURG ROAD
Justification
Required
Actual
Conditions
Staff
Value
Value
Satisfied?
recommendation
8 -hour Pedestrian Volume at
> 100
102
YES
proposed crossover location
pedestrians
PXO Level 2
8 -hour Two-way Vehicle
> 750
979
YES
Volume
vehicles
Type D
Distance from Nearest
> 200
350 m
YES
Controlled Crossing
metres
LAURENTIAN DRIVE
Justification
Required
Actual
Conditions
Staff
Value
Value
Satisfied?
recommendation
8 -hour Pedestrian Volume at
> 100
229
YES
proposed crossover location
pedestrians
PXO Level 2
8 -hour Two-way Vehicle
> 750
1446
YES
Volume
vehicles
Type D
Distance from Nearest
> 200
750 m
YES
Controlled Crossing
metres
STRASBURG ROAD
Justification
Required
Actual
Conditions
Staff
Value
Value
Satisfied?
recommendation
8 -hour Pedestrian Volume at
> 100
178
YES
proposed crossover location
pedestrians
PXO Level 2
8 -hour Two-way Vehicle
> 750
5238
YES
Volume
vehicles
Type B
Distance from Nearest
> 200
420 m
YES
Controlled Crossing
metres
Page 15 of 107
LUCERNE DRIVE
Justification
Required
Actual
Conditions
Staff
Value
Value
Satisfied?
recommendation
8 -hour Pedestrian Volume at
> 100
231
YES
proposed crossover location
pedestrians
PXO Level 2
8 -hour Two-way Vehicle
> 750
172
NO
Volume
vehicles
Type D
Distance from Nearest
> 200
50 m
NO
Controlled Crossing
metres
If all conditions are not met, a PXO can still be warranted based on engineering judgement
and if there is a "requirement for system connectivity" or the location is "on pedestrian
desire lines." This location fits those criteria. Further, Lucerne Drive includes many
vulnerable street users given the proximity to an elementary school. Given low traffic
volumes, there is little risk of traffic from the stop sign at Selkirk Dr backing up into the
crosswalk. City staff support a PXO at this location.
Page 16 of 107
ATTACHMENT C: PXO TYPES
Level 2 Pedestrian Crossover Treatments — Type B
(OTM Book 15 — Pedestrian Crossover Treatments)
Figure ,. Pedestflain Crossover Level 2Type -Mid,block (24aines 2 -way)
Page 17 of 107
Level 2 Pedestrian Crossover Treatments — Type D
(OTM Book 15 — Pedestrian Crossover Treatments)
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Page 18 of 107
Staff Report
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Corporate Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: June 3, 2024
SUBMITTED BY: Amanda Fusco, Director, Legislated Services, 519-741-2200 ext. 7809
PREPARED BY: Kristin VanDerGeld, Manager, Licensing, 519-741-2200 ext. 7854
WARD(S) INVOLVED: All
DATE OF REPORT: May 8, 2024
REPORT NO.: COR -2024-233
SUBJECT: Shared Accommodation By-law
RECOMMENDATION:
That the new Shared Accommodation By-law be approved in the form shown attached to
staff report COR -2024-233 as Appendix "A";
That the fees set out in Appendix "B" of staff report COR -2024-233 be approved;
That the request for three (3) Full Time Equivalents (FTEs) to support the administration,
inspection, and enforcement of the Shared Accommodation Bylaw be approved; and
The purchase of Granicus host compliance software to assist with ongoing monitoring
and enforcement of short-term rental platforms be approved.
REPORT HIGHLIGHTS:
• The City has an existing Lodging House By-law and licenses approximately 20 lodging
houses. Licence applications for a Lodging House are limited, in part, due to Minimum
Distance Separation (MDS) requirements in the City's Zoning By-law.
• A review of the existing Lodging House By-law was undertaken as part of the Lower Doon
Study. Updates to the current framework are necessary due to the changing rental
landscape and human rights concerns.
• Many municipalities have begun to license Short -Term Rentals (STRs) (e.g.,
accommodations on AirBnB, VRBO, etc.) to address consumer protection, health and safety
and nuisance control.
• Staff are proposing to replace the existing Lodging House By-law with the proposed Shared
Accommodation By-law which expands beyond updating the regulation for licensing Lodging
Houses and will now include both the licensing of Lodging Houses and Short -Term Rental
Accommodations. The By-law is a holistic approach to creating a regulatory framework for
a variety of housing and rental types.
• Extensive public consultation and stakeholder engagement efforts have been undertaken
that encompass both city-wide community input and targeted engagement with stakeholders
directly impacted by the proposed changes.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 19 of 107
• The proposed Shared Accommodation By-law and new fee structure have been developed
with the intention of having a 3 -year review period. This will allow sufficient time for staff to
determine whether the program continues to be fair, accurate, relevant, and continues to
reflect the needs of the community. In 2028, staff will make further recommendations to
Council based on the success of the program which may include minor adjustments and
expansion to the licensing framework.
• Financial implications are in the form of staffing and host compliance software to
successfully administer, investigate, inspect, and enforce the new Shared Accommodation
By-law.
EXECUTIVE SUMMARY:
The proposed Shared Accommodation By-law has been developed in response to a growing
need for comprehensive regulation and oversight of short-term and lodging house rentals within
the City. The by-law proposes to regulate short-term rentals, as well as integrating and updating
the existing lodging house regulations. The proposed by-law is structured to provide
opportunities for more affordable housing types throughout Kitchener and to ensure that shared
accommodations are safe for occupants.
Shared accommodations have become an increasingly prevalent housing option, necessitating
a well-defined framework that balances the interests of residents, property owners, and the
broader community. Through staff's research effort, the City of Kitchener has approximately 300
lodging houses and 800 short-term rentals (STRs). Currently, these are unregulated by the City,
and have no city inspections or requirements. Key benefits of an updated licensing framework
for lodging houses and a new licensing framework for short-term rentals outlined in this report
are:
• Enhanced Safety Standards;
• Community Impact and Integration;
• Quality Assurance;
• Accountability and Compliance; and
• Reasonable fees for all types of shared accommodations.
The Shared Accommodation By-law would provide a balance between protecting the interests
of residents, allowing property owners to generate more opportunity and exposure, while
prioritizing safety, affordability, and accountability.
BACKGROUND:
The Municipal Act, 2001 provides municipal council with the authority to licence, regulate, and
govern real and personal property used for the business, and the person carrying it on or
engaged in it, such as rental properties. The primary reason for licensing and regulating rental
properties within a municipality is to protect the public interest as it relates to:
1. Health and Safety;
2. Consumer Protection; and
3. Nuisance Control
For the aforementioned reasons, it is important to ensure that licensing by-laws and processes
align with community needs, prioritize customer service, and adhere to applicable governing
Page 20 of 107
legislation. The goal of a shared accommodations licensing by-law is to ensure a safe and viable
housing option for all.
Staff have reviewed our existing by-laws, completed a municipal scan of other municipal by-laws
and reports including those in Waterloo, Oakville, Hamilton, Niagara -on -the -Lake, Toronto,
London, and Blue Mountain, completed public engagement via stakeholder focus group
sessions and Engage survey, and have developed a proposed Shared Accommodation By-law.
This report is seeking Council's approval of the Shared Accommodation By-law, associated
licensing fees and additional staffing resources.
REPORT:
The existing Lodging House By-law has not been reviewed since 2005, making an update
imperative due to the changing rental landscape. The new Shared Accommodation By-law seeks
to provide enhanced safety standards, ensure community integration, assure quality, promote
accountability, and establish reasonable fees for all types of shared accommodations. Extensive
public consultation and stakeholder engagement efforts have been made, encompassing city-
wide community input and targeted engagement with stakeholders directly impacted by the
proposed changes. Furthermore, the by-law and fees have been developed with a 3 -year review
period in 2028 to ensure they remain accurate, relevant, and reflective of the community's needs.
This report outlines key changes, a proactive approach to education and enforcement, the
application process and fees, exclusions, and the 3 -year program and by-law review period.
Additionally, it highlights alignment with other city business units, including the Planning and
Housing Policy Division, and the removal of minimum distance separation requirements for
lodging houses.
KEY CHANGES
Proposed By-law Components
Licensing Services identified the need to modernize the Lodging House By-law and to expand
the by-law to include additional types of Shared Accommodations. The new by-law aims to
improve the City's ability to ensure public safety, consumer protection, and nuisance control
while also reducing barriers for property owners. As well, staff saw the need to examine current
lodging house fees to reflect an appropriate level of cost -recovery along with enhanced service
levels and efficient processes established within the new licensing program. With that in mind,
the goals of the proposed Shared Accommodation By-law are to:
• Create a clear, consistent, and concise regulatory framework;
• Create reasonable and affordable fees;
• Streamline processes and reduce redundancy;
• Remove licensing requirements that are no longer applicable; and,
• Modernize to meet the changing rental landscape.
The proposed by-law will repeal and replace the existing Lodging House By-law and will expand
Shared Accommodation rentals to include Short -Term Rental Accommodations (e.g., AirBnB,
VRBO, etc.). Some of the key changes include more robust licensing requirements, enhanced
property maintenance measures, enhanced safety measures by way of mandatory inspections,
Page 21 of 107
advertising and booking requirements, a renter code of conduct, emergency contacts and a good
neighbour guide.
The Shared Accommodation By-law will exclude several categories, such as hotels, motels,
group homes, nursing homes, hospitals, treatment centers, purpose-built student residences,
Long -Term Care Homes, Retirement Homes, Social Housing, and Homes for Special Care Act.
Additionally, the Shared Accommodation By-law will not extend to all residential rental types.
The proposed By-law will only seek to regulate rental properties within the definitions of a
Lodging House or Short -Term Rental, this includes:
• Lodging House: a dwelling unit where five or more persons, not including a resident
owner of the property, may rent a lodging unit and where the kitchen and other areas of
the dwelling unit are shared amongst the persons occupying the dwelling unit. Lodging
house can include student residences but shall not include a group home; hospital; any
small residential care facility or large residential care facility licensed, approved, or
supervised under any general or specific Act; or hotel.
• Short -Term Rental: means a dwelling unit or part thereof used to provide sleeping
accommodations for any rental period that is less than 90 consecutive days in exchange
for rent, but does not include Hotel, Lodging House, Motel, and Long -Term Rental
Accommodations.
Therefore, residential rental properties that are operating as long-term rentals (more than 90 -
day rental agreements) or rentals designed to accommodate less than five residents in total will
be excluded from the By-law. However, staff will continue to monitor and collect data on these
types of rentals and will include it as part of the 3 -year review.
The proposed licensing framework puts safety first for renters by way of more robust application
requirements for all types of shared accommodations. These include police clearance check,
proof of appropriate insurance coverage, accurate and detailed floor plans, confirmation of
smoke and carbon monoxide alarms, an additional contact person that can fulfill requisite
response times and proof of principal residence will be required where applicable. Inspections
and/or approvals are required by Fire Prevention, Property Standards and Building to ensure the
property complies with various code and by-law standards. Furthermore, a Licensee will be
required to provide a "Renter's Code of Conduct" that is posted at the property which will include
agency resources and contact information for a person(s) responsible for the licensed premises.
Furthermore, a public registry of all licensed shared accommodations will be posted on the City's
website which will include the date of the most recent inspection(s) conducted by the City.
Staff will continue to work in conjunction with short-term rental platforms (e.g., AirBnB) to
communicate to their hosts about the new licensing framework and by-law requirements. Hosts
will be required to list their City of Kitchener business licence number on all advertisements, or
they will be at risk of being removed from the platform.
Permitting shared accommodations throughout the City will allow for less underground activity
and will promote safety. Incentives for the property owners include eligibility for tax deductions,
access to agencies for various supports, freedom to advertise their business, ability to attract
Page 22 of 107
more responsible renters due to the perception of professionalism and compliance with
regulations and peace of mind knowing the property meets certain safety and quality standards.
Enforcement
Following the initial implementation, phased enforcement is expected commence on January 1,
2025. Continuous proactive enforcement will be conducted by Licensing Inspectors in the field,
through surveillance of on-line platforms, utilization of host compliance software, and by way of
information sharing with internal and external partners. Audits of licensed properties will be
conducted to ensure ongoing compliance with the City's By-laws and reactive enforcement will
be conducted based on response to public complaints received through Licensing, By-law, Fire,
Building or the corporate contact centre and will be investigated based on urgency and public
safety risk. As a result of inspection findings or complaints received, a Licensing Inspector may
escalate enforcement to the appropriate agency such as By-law Enforcement/Property
Standards, Fire Prevention, Building or Police for further action and to ensure compliance with
other legislation.
Licensing Enforcement will be conducted using a progressive approach which may include but
is not limited to applying conditions on a licence or refusing/revoking a licence (subject to a
hearing before the Licensing Appeal Tribunal) or by way of fines and/or charges under the
Provincial Offences Act/Administrative Monetary Penalties System.
Rights of Entry
By-law Enforcement Officers/Licensing Inspectors are permitted to access the exterior areas of
private property without consent as part of their duties to investigate potential violations of
municipal regulations. However, to enter the interior, they require explicit consent from the
occupant(s) to inspect any portion being used as a dwelling unit. If a unit, or property is vacant
the property owner can provide the sole consent to enter.
In contrast, Fire officials have broader authority to access the interior of a property to ensure
compliance with the fire safety. Similarly, Building Inspectors also have their own authorities to
enter a property to enforce Building Code requirements. However, By-law Enforcement
Officers/Licensing Inspectors cannot "piggyback" off another agency's inspection authorities for
their own investigative purposes.
Staff will work with property owners and renters to ensure that necessary inspections can be
conducted in a timely manner. However, where access is not granted for required inspections
and approvals, a licence will not be issued. Continued operation of an unlicensed property will
be subject to further enforcement action.
Implementation Plan
With the implementation of the new Shared Accommodation By-law, there will be an initial period
of preparation, education, and consultation regarding operational requirements, system
modifications, staffing recruitment/training and administrative organization. It is anticipated that
Licensing staff will be prepared to commence with a public awareness campaign in Fall 2024.
The purpose of the campaign will be to engage property owners, renters, landlords, community
Page 23 of 107
partners, and stakeholders regarding the new regulations and provide relevant information,
guidelines, and application requirements. In addition, an online presence will be established on
the City's website and social media accounts to assist in getting key messaging out to the
community. Application intake will begin in January 2025 for those seeking an opportunity to
voluntarily comply with the new licensing regulations.
Part of staff's commitment is to continue to build a strong partnership with Conestoga College,
rental agencies, property management companies, renters, neighbourhood groups as well as
internal stakeholders, such as Building, By-law Enforcement, Fire and Planning. These
partnerships are important to allow for continued information sharing between Licensing, other
City business units, and shared accommodations about changing legislation and processes.
Such connections will also enable staff to be more up to date with respect to the changing
housing landscape, changes to housing strategies and policies, and what is or is not working for
rental property owners. This community engagement will help with gathering input from key
stakeholders on an ongoing basis in order for staff to be more proactive and responsive in
making changes to the by-laws, policies, and processes as needed.
Program Fees and Bylaw Review Period
Staff undertook a scan of existing Lodging House license costs and found that the existing
lodging house license fee may be cost -prohibitive. When determining fees, staff aimed to ensure
that the proposed fees offset administration costs, while respecting survey feedback that fees
not be too high, as the municipality is not seeking to create a profit. The proposed application
and renewal fees are included in Appendix B to this report.
The Shared Accommodation By-law and fees have been developed with the intention of having
a 3 -year review period. This will allow staff to develop a means by which to assess the overall
impacts of the licensing program. Key metrics would include number of licenses issued, permits,
inspections, staff time, calls for service, impacts on housing availability and affordability (where
possible), staffing implications and service impacts. Staff will also track their time to ensure the
fees associated with the program continue to be fair, accurate, and reflect a full cost -recovery
model. In addition, staff will ensure all aspects of the by-law continue to be relevant and make
any minor revisions or undertake additional modernization as needed.
As part of the 3 -year review, staff will also explore the potential expansion of the program to
encompass additional, or even all types, of rentals. This expansion consideration will be
including data collected through inspections, permits and service calls, and will allow us to make
informed decisions about the program's scope.
Staffing
Currently, there are only 20 licensed Lodging Houses in Kitchener and Short -Term Rentals are
not licensed by the City. Staff's initial projections are that there are a combined total of
approximately 1,100 unlicensed Lodging Houses and Short -Term Rentals operating in the City.
For the program to be successful, additional resources are required as there is currently no
capacity for the existing staff to administer, inspect, or enforce the proposed by-law.
Page 24 of 107
We have seen in a few instances where limited resources to implement a Short -Term Rental
program has been detrimental to the success of the program in meeting its objectives and
managing non-compliance. In completing a municipal scan, it becomes evident that the average
addition of 3 to 10 personnel as well as the implementation of host compliance software has
been requisite to effectively administer similar regulatory programs. As part of the new Shared
Accommodation Program, staff are requesting the addition of three (3) new staff that will be
directly associated with administering, inspecting, and enforcing the new bylaw as well as the
implementation of Granicus host compliance software. It is expected that the expenses related
to the FTEs and host compliance software is off set by the collection of licensing fees (Appendix
B). The staffing and host compliance software request will include:
New Licensing Inspector:
Legislated Services has 1 Full-time and 1 Temporary/Full-time Licensing Inspector who conduct
field inspections and investigations of persons, trades, occupations, and various brick and mortar
establishments to determine compliance with business licensing regulations. The Licensing
Inspectors are responsible for all proactive inspections of our existing 2500 licensed business
throughout the city in addition to identifying new businesses. They are also responsible for
reactive inspections and investigations based on complaints received by both internal and
external customers of both licensed and unlicensed businesses. Both inspectors have a
substantial caseload that would not allow them to take on the responsibility of Lodging Houses
and Short -Term Rentals without the addition of a new Licensing Inspector.
New Licensing Officer:
Legislated Services has 3 Licensing Officers who provide frontline customer service relating to
Marriage, Lottery and Business Licensing. Key responsibilities include ensuring compliance with
lottery regulations, annually process approximately 1700 marriage licence applications and 2500
business licence renewal applications. The Licensing Officers are at capacity with their current
portfolios and would not be able to accommodate the additional workload brought on by an
increased 1,100 applications submitted related to Lodging Houses and Short -Term rentals
without an addition to the staffing complement.
New Property Standards Officer:
Currently, By-law Enforcement has 8 Property Standards Officers on the team. Each Officer is
responsible for enforcing various by-laws including Lot Maintenance, Property Standards, and
Zoning which results in officers having an ongoing full caseload of various files that take a
significant amount of time and effort. In addition, they assist licensing with the inspection of
lodging houses and confirm compliance with the Property Standards and Lodging House By-
laws. The Property Standards Officers play a crucial role in ensuring the safety and functionality
of the lodging house. Their responsibility through inspections is to verify that these premises are
adequately maintained and kept in good repair. These inspections involve verifying application
information such as the number of bedrooms, number of occupants, the design of each shared
space within the property. Additionally, Officers confirm both the interior and exterior of the
property are maintained without deficiencies. With the existing high volume of files, the current
staffing model cannot accommodate an increased number of lodging houses and the addition of
short-term rentals unless a new staff person was added to the complement.
Page 25 of 107
Further financial details regarding the projected cost of the staffing complement, to be offset by
revenues, are included in the Financial Implications section of this report.
Granicus Host Compliance Software:
Staff is recommending that Granicus' Host Compliance software be sole sourced to assist with
ongoing monitoring of 60+ short-term rental websites including major platforms AirBnB, VRBO,
HomeAway, Booking.com, FlipKey, and Expedia. The software is currently in use by most
municipalities with a short-term rental program in effect and is a valuable resource to assist with
locating listings and providing address identification, owner contact information, listing activity
and monitor and map trends. This software is essential as most listings don't include an address
for the short-term rental which makes investigation and enforcement a cumbersome process.
This software assists in the identification of listings and where found to be unlicensed, the
property owner can be given a notice including photos and details of what was found to
encourage them to apply for a licence. Further financial details regarding the cost of the solution
are included in the Financial Implications section of this report.
Alignment with Other City Business
On December 14, 2020, as part of report DSD -20-214 Council approved Housing for All, the
City's first housing strategy which focused on what the city can do to address housing issues
including increasing and maintaining the supply of housing within the City of Kitchener while
supporting the Region of Waterloo. Housing for All contained over 40 actions the city can take
to help realize the right of housing. One of the strategy's actions is to report on the feasibility
and implications of reviewing and updating current lodging house policies.
In November 2023, Council referred updates to the Official Plan and Zoning By-law regarding
lodging houses to align with the timing of consideration of updates to licensing. The Official Plan
and Zoning By-law updates seek to remove the minimum distance separation (MDS)
requirement for lodging houses and permit lodging houses across the city where residential uses
are permitted. The by-law change facilitates a greater flexibility and accommodation within our
housing landscape. The removal of MDS may lead to an increase in the number of lodging
houses which may have service delivery and staffing implications for Licensing Services,
Property Standards and Fire Prevention. These service and staffing challenges are addressed
throughout the report.
The Shared Accommodation By-law was developed in coordination with the Planning and
Housing Policy Division. The collaborative approach is integral to the successful implementation
of this By-law and program. The Planning and Housing Policy Division's role in coordinating
changes to the Zoning By-law with the implementation of this licensing framework underscores
our commitment to collaboration and the establishment of regulations that work well together
within the community, reducing potential confusion.
The updates to the Official Plan and Zoning By-law as well as the creation of the proposed
Shared Accommodation By-law seek to implement the action items from Housing for All
Strategy.
Page 26 of 107
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
If supported by Council the Shared Accommodation Program would have operating budget
financial implications associated with the cost of 3 full-time employees (salary and fringe
benefits) and host compliance software. Staffing includes a Business Licence Inspector
$102,687., Licensing Officer $90,973 and Property Standards Officer $131,120. and the
purchase of Granicus host compliance software $36,475. The recruitment of 3 full-time
equivalents (FTE's) to oversee the administration, inspection, and enforcement of the Shared
Accommodation By-law is a minimum requirement for ensuring the success of the program.
While the Shared Accommodation By-law will not come into effect until January 1, 2025 the
recruitment for these positions is expected to take place in Fall of 2024 in order to have the time
to complete the appropriate staff training, prepare, educate, and consult with stakeholders, make
system modifications, and implement the necessary processes and forms and make resources
publicly available for the program launch. The host compliance software would also be
implemented in Fall 2024 to allow for setup, configuration and online training. This will cause a
negative variance in 2024 of approximately $145,000 to be offset by other surpluses or the tax
stabilization reserve.
In 2025 the expenses relating to staffing and host compliance software would be offset by the
new licensing fees so there would be no budget impact.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting.
CONSULT — Staff used the EngageWR platform to solicit public feedback on Shared
Accommodations including changes to the current regulation of lodging houses, and short-term
rental accommodations. The engagement was low on these surveys but there were key themes
in responses surrounding safety and security, nuisance control, a need for resource guides for
tenants, the ability to submit online applications, lower licensing fees, and a necessity for short-
term rental stays beyond 30 days. As well, staff reached out to specific groups including, but not
limited to, as Conestoga Students Inc, House of Friendship, Lived Experience, Kitchener
Housing Inc., Waterloo Regional Police Services, Leadership Waterloo Region, Housing for All
sub -committee, The Working Centre, Lodging House owners, short-term accommodation
owners, and members of KW AirBnB. There will be a continuation of internal and external
stakeholder engagement associated with the implementation of the new Shared Accommodation
By-law. Staff will continue to reach out to impacted stakeholder groups where staff has identified
significant changes are needed to the licensing requirements. This will mean some properties
will be newly required to obtain a licence, or some will have changes to the existing licensing
requirements.
Page 27 of 107
COLLABORATE — Throughout the development of the Shared Accommodation By-law, staff
reached out to several internal stakeholder groups, including Building, By-law Enforcement, Fire
Prevention, Licensing, and Planning to solicit feedback and to incorporate suggestions to help
streamline processes. Staff also met with several external stakeholder groups to solicit feedback
on what concerns and additions they would like to see regulated. As part of the implementation
phase, staff will continue the partnership between Licensing Services and various stakeholders,
such as those City divisions that are part of the approval process, to work together on the
development of new applications and information packages, as well as being part of the public
education about the changes to the by-law and processes.
PREVIOUS REPORTS/AUTHORITIES:
• DSD -2023-446 City-wide Lodging House Review (OPA21/004/COK/AR,
ZBA21 /040/K/NG)
• DSD -2021-11 - Lower Doon land Use Study Recommendations Report
• DSD -20-214 - Housing for All - City of Kitchener Housing Strategy
• Municipal Act, 2001
• Planning Act
REVIEWED BY: Natalie Goss, Manager, Policy & Research
Katherine Hughes, Assistant City Solicitor
Gloria MacNeil, Director, By-law Enforcement
APPROVED BY: Victoria Raab, General Manager, Corporate Services
ATTACHMENTS:
Attachment A — Shared Accommodation By-law
Attachment B — Fees
Page 28 of 107
APPENDIX A TO COR -2024-233
BY-LAW OF THE
CORPORATION OF THE CITY OF KITCHENER
BY-LAW NO. 2024 -XXX
BY-LAW TO PROVIDE FOR THE LICENSING AND REGULATION OF SHARED
ACCOMMODATIONS IN THE CITY OF KITCHENER.
WHEREAS it is deemed expedient to exercise the powers conferred on Council by the
Municipal Act, 2001, S.O. 2001, c.25 (the "Municipal Act"), as amended;
AND WHEREAS Section 8 of the Municipal Act, provides that a municipality has the
capacity, rights, powers, and privileges of a natural person for the purpose of exercising
the authority under the Act;
AND WHEREAS Section 8(3) of the Municipal Act, authorizes a municipal to provide for
a system of licences;
AND WHEREAS Section 11 of the Municipal Act authorizes a Municipality to pass bylaws
responding health, safety and well-being of person, parking on property, structures
includes fences and signs;
AND WHEREAS Section 151 (1) of the Municipal Act authorizes a municipality to provide
for a system of licences with respect to a business and to prohibit carrying on or engaging
in the business without a licence and to take other actions with respect to such licences;
AND WHEREAS Section 151 (1) of the Municipal Act authorizes a municipality to license,
regulate, or govern real and personal property used for the business and the persons
carrying it on or engaged in it;
AND WHEREAS Section 425 of the Municipal Act authorizes a Municipality to create
offences;
AND WHEREAS Section 429 of the Municipal Act authorizes a Municipality to establish
a system of fines or offences under a by-law of Municipality passed under the Act;
AND WHEREAS section 434.1 of the Municipal Act, 2001 authorizes the City to require
a Person, subject to such conditions as the municipality considers appropriate, to pay an
Administrative Penalty if the municipality is satisfied that the Person has failed to comply
with a by-law of the City;
Page 29 of 107
NOW THEREFORE the Council of The Corporation of Kitchener enacts the following:
1. Definitions
"Additional Contact" means an agent, representative, or property maintenance
company who act for the Owner and is responsible for managing or addressing issues in
relation to the Licenced Premises.
"Adult" means an individual eighteen years of age or older.
"Administrative Penalty By-law" means the Administrative Penalty By-law of the City,
as amended from time to time, or any successor thereof.
"Agent" means a Person authorized in writing by an Owner or Operator to act on the
Owner's or group of Owner's behalf.
"Applicant" means the Person applying for a Licence or renewal of a Licence under this
by-law.
"Application" shall include any Application for a Licence or renewal of a Licence on the
form provided by the Manager of Licensing, or their designate, and such application being
to the satisfaction of the Manager of Licensing.
"Application Licence Fee" means a pre -determined fee approved by Council through
the User Fee Schedule that is paid by a Person as part of the Application for a Licence.
"Bed and Breakfast" means a home occupation that provides overnight accommodation
of the traveling public, or temporary living accommodations, and shall not include a hotel,
lodging house, group home of short term accommodation.
"Bedroom" means a room or area used, designed, equipped, or intended for sleeping.
"Building Code Act" means the Building Code Act, 1992, S.O. 1992. c.23
"Business" except where inconsistent with the context means any business wholly or
partly carried on within the City of Kitchener even if the business is being carried on from
a location outside of the City of Kitchener and includes without limitation:
a) trades and occupations;
b) exhibitions, concerts, festivals, and other organized public amusement held for
profit or otherwise;
c) the sale or hire of goods or services on an intermittent or one-time basis and the
activities of a transient trader; and
Page 30 of 107
d) the display of samples, patterns, or specimens of goods for the purpose of sale or
hire.
"Chapter" shall refer to a by-law of the City which has been incorporated in The City of
Kitchener Municipal Code and assigned a Chapter number.
"Chief Building Official" means the Chief Building Official of the City or their designate.
"Chief Fire Official" means the Chief Fire Official of the City or their designate.
"Chief of Police" means the Police Chief for the Waterloo Regional Police Services or
their designate.
"City" means The Corporation of the City of Kitchener.
"City Property" means property owned by the City.
"City Solicitor" means the City Solicitor of the City or their designate.
"Corporation" means a body incorporated pursuant to the Business Corporations Act,
R.S.O. 1990 c. B.16, or the Corporations Act, R.S.O. 1990, c. C.38.
"Council" means the elected officials comprising the municipal council of the City.
"Designated Provision" means any section of this by-law designated in accordance with
section 12.4 of this By-law.
"Director" means the Director of Legislated Services of the City or their designate.
"Dwelling" means a building or part thereof used or intended to be used as a residential
unit.
"Floor Plan" means a scale diagram of the arrangement of rooms in one story of a
building.
"Government -Issued Identification" means an official document issued by a
government authority that serves as proof person's identity and includes, but is not limited
to, driver's licence and passport.
"Gross• •r Area" means the area of •• • to the inside of outside walm
enclosing any floor or part of a floor that complies with all applicable law for the shelte
accommodation or • ` of persons,above which has`.; - • of at least•
(2) metres for any floor below grade and above which has a clear height of at least o
- -; • any floor I•• ` grade, a•• a area of any garage, •• - I • f
sun room or
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"Group Home" means a residence licensed or funded under a federal, provincial, or
regional statute for the accommodation of 3 to 10 persons, exclusive of staff, that provides
a group living arrangement for their well-being. A group home shall not include a
correctional group home.
"Guest" is an individual staying temporarily at a place that is not their primary residence,
and for the purpose of this by-law is at least 18 years of age.
"Health Approval" means the approval of the Region of Waterloo Public Health.
"Hospital" means the use of a premises for the medical care, observation, supervision,
and skilled nursing care of persons afflicted with or suffering from sickness, disease, or
injury; or for the convalesce of chronically ill persons, that is approved under the Public
Hospitals Act or under the Private Hospitals Act
"Human Rights Code" means the Human Rights Code, R.S.O. 19901, c. H.19, as
amended.
"Incomplete Application" means where required information is missing on the
Application form; information or documentation required by the Manager of Licensing as
part of the Application has not been provided; or the full Application Licence Fee is unpaid
including any late fee and/or penalty fee.
"Kitchen" means a room or area in a Licensed Premises with cooking facilities, which
may include a fridge, cooking devices, and sink.
"Licence" means a licence to engage in a Shared Accommodation issued under this By-
law and the termed "licensed" shall have a corresponding meaning.
"Licensed Premises" means the Premises referred to on a Licence.
"Licensee" means a Person who has been issued a Licence under this By-law.
"Licensing Appeal Tribunal" means a committee designated by Council for the purpose
of hearing any appeal under this By-law.
"Lodging House" a dwelling unit where five or more persons, not including a resident
owner of the property, may rent a lodging unit and where the kitchen and other areas of
the dwelling unit are shared amongst the persons occupying the dwelling unit. Lodging
house can include student residences but shall not include a group home; hospital; any
small residential care facility or large residential care facility licensed, approved, or
supervised under any general or specific Act; or hotel.
"Lodging Unit" means a room or set of rooms located in a lodging house or other
dwelling designed or intended to be used for sleeping and living accommodations which:
Page 32 of 107
a) is designed for the exclusive use of the resident or residents of the unit;
b) is not normally accessible to persons other than the residents or residents of the
unit; and,
c) does not have both a bathroom and kitchen for the exclusive use of the resident
or residents of the unit
"Long-term Rental Accommodation" means any accommodation that does not fall
under one of the Schedules of this By-law and does not operate as a Lodging House or
a Short -Term Rental.
"Manager of Licensing" means the Manager of Licensing of the City or their designate.
"Medical Officer of Health" means the Medical Officer of Health for the Region of
Waterloo Public Health or their designate.
"Officer" means an employee or agent of the City or a member of the Waterloo Regional
Police Services and shall include, without limitation, the Manager of Licensing, a
municipal law enforcement officer, by-law officer, or business licensing inspector, the
Director, the Chief Fire Official, the Chief Building Official, the City's Director of By-law
Enforcement, or any person or inspector duly authorized on their behalf or otherwise
authorized by Council.
"Ontario Fire Code" means the Ontario Regulation 213/07: Fire Code, under the Fire
Protection and Prevention Act, 1997, S.O. 1997, c. 4.
"Owner" includes:
a) the registered owner of the property;
b) the person for the time being managing or receiving rent of the property, whether
on the person's own account or as agent or trustee of any other person, or who
would receive the rent if the property were let.
"Owner Occupied" means occupied by a least one individual, who is the registered
owner of the property, as their principal residence.
"Person" includes an individual, sole proprietorship, partnership, unincorporated
association, unincorporated syndicate, unincorporated organization, trust, body
corporate, and a natural person in their capacity as heir, trustee, executor, administrator,
or other legal representative.
"Police Record Check" means a police record check or criminal record and judicial
matter check issued to the Applicant by the police service in whose jurisdiction the
Applicant resides.
"Premises" means land, Property or any part thereof including all Buildings or other parts
thereon.
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"Principal Residence" means the primary and permanent place of residence where an
owner or owners of a household predominantly reside and has designated the property
as their principal residence on their income tax filing, property bills, and in other
government records.
"Property" means any lot, block, or other area in which land is held or into which it is
subdivided, including the building and structures, and pools hereon.
"Regulations of this By-law" means the provisions of this By-law including its schedules
that are applicable to a Business.
"Rent" means an amount paid or required to be paid or given by or on behalf of a Renter
for the right to occupy a Rental Unit. This includes bill payments or services provided in
exchange for occupancy of a Rental Unit.
"Rental Unit" means a Dwelling or part thereof offered for Rent.
"Renter" means a Person who rents a Dwelling or Rental Unit.
"Renter's Code" means a set of guidelines and rules outlining the roles and
responsibility of Renters, Tenants and landlords in a rental agreement, or other type of
agreement, and shall include regulations and requirements in this By-law.
"Reservation" means a commitment or booking between a short-term rental operator
and a Renter that will reserve the short-term accommodation for the person's use for a
specified period of time.
"Residential Care Facility" means a commercial enterprise which consists of a Rental
Unit that offers beds and provides counselling, custodial, supervisory, personal, basic
nursing and/or full-time nursing care, and is not considered a hospital, long-term care, or
treatment centre.
"Shared Accommodation" means a dwelling or part thereof, accessory unit, or property
that is listed for rent, intended for rent or advertised for rent, and may include a Lodging
House or Short -Term Accommodation Rental.
"Shared Accommodation Owner" means the registered owner of a property in which
the unit or part thereof is a Rental Unit.
"Short-term Accommodation Rental" means a dwelling or part thereof used to provide
sleeping accommodations for any rental period that is less than 90 consecutive days in
exchange for Rent, but does not include Hotel, Lodging House, Motel, and Long -Term
Rental Accommodations.
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"Student Residence" means residences that are owned and operated by post-
secondary institutions.
"Temporarily" means for a limited period not exceeding 90 consecutive days.
"Zoning By-law" means all by-laws passed by Council pursuant to section 34 of the
Planning Act, R.S.O. 1990, c. P.13, as amended, that restrict the use of land in the City.
2. Regulated Businesses
2.1 The Shared Accommodations set out in Schedule 1 are subject to the
requirements of this By-law and to the requirements of the applicable schedules
as shown therein.
2.2 The applicable requirements of a schedule to this By-law shall prevail over the
general requirements of this By-law to the extent of any conflict.
3. Prohibitions
3.1 No Person shall:
a) own, operate, permit to be operated, or act in the capacity of a Shared
Accommodation set out in Schedule 1 without a Licence;
b) own, operate, permit to be operated, or act in the capacity of a Shared
Accommodation set out in Schedule 1 without complying with the
Regulations of this By-law;
c) operate a Shared Accommodation licensed under this By-law:
i. at a location other than the Licensed Premises where applicable;
ii. under any other name than the name(s) identified on the Licence;
iii. except in accordance with the Regulations of this this By-law; or
iv. without complying with any and all conditions or restrictions placed on
the Licence by the Manager of Licensing;
d) transfer or assign a Licence to any other Person or to any other location
other than the Licenced Premises;
e) provide false or misleading information to the City when applying for a
licence under this by-law, renewing a licence or at any other time;
Page 35 of 107
f) hold themselves out as Licensed under this By-law without holding the
appropriate Licence;
g) advertise or permit the advertisement or operation of a Shared
Accommodation without a licence; or
h) advertise a Shared Accommodation without including the current licence
number in every advertisement.
3.2This By-law shall not apply to the following Shared Accommodations, where not
defined herein shall be defined in section 3 of City of Kitchener Zoning By-law
2019-051, as amended:
a) Hotel;
b) Motel;
c) Group home;
d) Nursing home;
e) Hospital or treatment centre;
f) Bed and breakfast;
g) Student residence; or
h) any Rental Unit to which any of the following Acts, or their regulations apply:
i) Homes for Special Care Act, R.S.O. 1990, c.H12, as amended;
ii) Long -Term Care Homes Act, R.S.O. 1990, c.17, as amended;
iii) Retirement Homes Act, 2010 S. 0. 2010, c. 11, as amended, and
iv) Social Housing Reform Act, 2000, S. 0. 2000, c.27, as amended.
4. Licensing Requirements
4.1 An Applicant applying for a Licence shall submit the following to the Manager of
Licensing:
a) a complete Application in the form prescribed by the Manager, which shall
include the following information where applicable:
i) the Applicant's legal name;
ii) the Applicant's residential and mailing address;
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iii) the address of the Shared Accommodation;
iv) the ownership of the Shared Accommodation;
v) a photocopy of Government -Issued Identification;
vi) the telephone number and email address for the Owner and Applicant; and
vii) Additional Contact information including telephone number and email
address.
b) the applicable Application Licence Fee and any documentation or forms
required by the Manager of Licensing;
c) where the Applicant is a partnership, a list of all the names of the partners;
d) any other documents as required by the Regulations of this By-law; and
e) any documentation that may be required by the Manager of Licensing with
respect to investigations required pursuant to this By-law.
4.2 If not prescribed by the By-law, upon receipt of an Application, the Manager of
Licensing shall make or cause to be made all investigations which they deem
necessary.
4.3 The Manager of Licensing may require the Applicant to have investigations
conducted and obtain documentation from and provide to the Manager of
Licensing, or to have documentation provided by any of the following or their
designates: the Chief Fire Prevention Officer, Chief Building Official, Regional
Medical Officer of Health, Waterloo Regional Police Services, and Director of By-
law Enforcement.
4.4 For a renewal of a Licence, an Applicant shall submit the following to the Manager
of Licensing:
a) a renewal Application in the form prescribed by the Manager of Licensing;
b) the applicable Application Licence Fee; and
c) documents as the Manager of Licensing may require including, without
limitation, the documents set out in 4.1 above and under Schedule 7.
4.5 Every Licensee shall:
a) post the Licence in a conspicuous place at the Licensed Premises;
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b) have an Additional Contact who is responsible for managing or addressing
issues in relation to the Owner's Licensed Premises and is available to
attend at all times within a period no greater than one hour for emergency
issues, and within three hours of non -emergency issues, and shall be
responsible for the day-to-day operations of the Shared Accommodation;
c) create and display the Renter's Code, which shall include the total number
of bedrooms permitted where applicable;
d) ensure that nothing is placed so as to obstruct access to the entrances and
the exits from the Licensed Premises;
e) ensure the number of cars do not exceed the legal amount of parking
spaces;
f) ensure that all containers for garbage, recyclable materials and yard
waste on exterior property areas are kept in a rear or side yard in an
enclosed structure with a lid or roof. The structure shall:
i) screen the containers from the view of streets, sidewalks, multi -use
trails, and neighbouring properties;
ii) be kept closed at all times except when the containers contained
therein are actually being filled or emptied;
iii) be kept in good working order, free of odours, and without any
visible deterioration; and
iv) that any needle disposal containers are properly discarded.
g) notify the Manager of Licensing within fourteen (14) days of any changes in
the ownership of the Licensed Premises;
h) Every Licensed Shared Accommodation shall comply with all applicable
federal, provincial or municipal legislation, including, but not limited to, the
Building Code, as amended, the Fire Code, as amended, and all applicable
municipal by-laws, including Noise, Zoning, Parking, and Property
Standards, and otherapplicable law, code or Act, such as the Human Rights
Code and Criminal Code of Canada;
i) All municipal taxes, licences, fines,
Licensed Shared Accommodation
before a licence will be issued; and
or charges, and building permits for the
must be current and not outstanding
j) comply with the conditions and restrictions placed on the Licence by the
Manager of Licensing or the Licensing Appeal Tribunal.
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5. Issuance of Licence and Grounds for Refusal
5.1 The Manager of Licensing shall receive and process all complete Applications for
a Licence.
5.2 Upon receipt of a complete Application, the Manager of Licensing shall either
issue, renew, or issue with conditions a Licence.
5.3 Except where otherwise provided herein, every Licence issued or renewed
pursuant to this By-law shall be issued in the name of Council by the Manager of
Licensing.
5.4 Where the Manager of Licensing receives an Incomplete Application, the Manager
of Licensing shall, whereas an address or other contact information has been
provided, notify the Applicant that the Application is incomplete and, where
applicable, any steps required to complete the Application.
5.5 The Manager of Licensing will deem an Application to be incomplete where:
a) required information has not been provided on the Application form;
b) information or documentation required by the Manager of Licensing as part of
the Application has not been provided; or
c) the full Application Licence Fee is unpaid including any late fee and/or penalty
fee.
5.6 Where no action has been made to remedy an Incomplete Application by the
Applicant in the time specified by the Manager of Licensing the Application shall
be deemed abandoned. The Application will be cancelled, and any associated
Application Licence Fee will be deemed non-refundable.
5.7 The Manager of Licensing shall, where an address or other contact information
has been provided, notify the Applicant of the intention to refuse an Application
and shall advise the Licensee of their right to appeal.
5.8 The Manager of Licensing may refuse an Application where:
a) an unsatisfactory report regarding an investigation carried out pursuant to this
By-law or any other applicable by-law of the City and any condition causing the
report to be unsatisfactory has not been remedied; or
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b) the past conduct of the Applicant affords the Manager of Licensing reasonable
grounds to believe that the Applicant has not or will not carry on their business
in accordance with applicable law or by-laws, or with integrity and honesty; or
c) the Dwelling specified on the Application are subject to any Order that has not
been complied with made pursuant to the Building Code Act 1992, S.O. 1992,
c. 23 or the Fire Protection and Prevention Act 1997, S.O. 1997, c.4, or by the
Medical Officer of Health; or
d) provided no pardon has been granted with respect to the conviction, the
Applicant has been convicted of an offence that relates in any way to the
business; or
e) the Licence has been suspended or revoked by the Manager of Licensing or
the Licensing Appeal Tribunal.
6. Terms of Licence
6.1 A licence issued pursuant to the provisions of this By-law shall expire one year
from the date it was issued or on the expiry date listed on the licence unless it is
revoked in accordance with any provisions of this By-law.
6.2 Where a Person sells or transfers ownership of a Shared Accommodation to
another Person, the Licence issued for that Dwelling shall be void upon transfer.
7. Revocation and Suspension
7.1 The Manager of Licensing shall, where an address or other contact information
has been provided, notify the Licensee of the intention to revoke or suspend a
Licence and shall advise the Licensee of their right to appeal.
7.2 The Manager of Licensing may revoke or suspend a Licence where:
a) the Manager of Licensing is of the opinion that the Dwelling poses a threat
to the health and safety of the public, Renters, or Guests;
b) the Licence was issued in error;
c) the Licensee has violated any of the provisions of this By-law or any other
applicable laws;
d) any conditions placed on the Licence have been violated;
e) the Licence was issued upon provision or receipt of false or misleading
information.
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7.3 If appealed, Renters residing in the Licensed Premises may continue to reside in
the premises until a final decision has been rendered by the Licensing Appeal
Tribunal, unless an order or other directive is issued under any other legislation or
by a court of competent jurisdiction which orders or directs the removal or
departure of the Renters prior to the Licencing Appeal Tribunal issuing a decision.
8. Appeal
8.1 All appeals shall be submitted in writing to the Manager of Licensing within 14
days from the notification issued by the Manager of Licensing.
8.2 The Licensing Appeal Tribunal is adjudicated by a committee designated by
Council.
8.3 The decision of the Licensing Appeal Tribunal is final and binding.
8.4 If the Manager of Licensing refuses a Licence, the Applicant shall have the right
to appeal the decision to the Licensing Appeal Tribunal.
8.5 The Manager of Licensing may refer an Application or a Licence to the Licensing
Appeal Tribunal where:
a) the Applicant or Licensee does not meet the requirements of this By-law or
any other applicable law or by-law;
b) there are reasonable grounds for belief that an Application or other
documents provided to the Manager of Licensing by or on behalf of an
Applicant or Licensee contains a false statement or provides false
information;
c) the past or present conduct of any person, including the officers, directors,
employees or agents of a corporation, affords reasonable cause to believe
the Person will not carry on or engage in the Shared Accommodation in
accordance with the law, or with honesty and integrity;
d) any Licensee has contravened this By-law or any other by-law or federal or
provincial statue or regulations while engaged in or conducting the business
at the Shared Accommodation;
e) the Applicant or Licensee has been convicted of an offence that relates in
any way to the Licenced Premises for which a pardon has not been granted;
f) any special conditions placed by the Manager of Licensing or Licensing
Appeal Tribunal on a former or current licence of the Applicant or Licensee
under this By-law have not been met; or
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g) the provisions of this By-law provide grounds not to issue or renew.
8.6 When any matter has been referred or appealed to the Licensing Appeal Tribunal
the Applicant or Licensee shall be given reasonable notice of the time and place
of the hearing and shall be invited to make a submission either in writing or
verbally.
8.7 When any matter has been referred or appealed to the Licensing Appeal Tribunal,
after due consideration of the Application or Licence and after the Licensing Appeal
Tribunal has heard such representations as the Applicant or Licensee and staff
may care to make, may direct that the Licence be issued or renewed, or may
refuse, suspend, revoke, or add conditions to a Licence where:
a) the Applicant or Licensee does not meet the requirements of this By-law or
any other applicable law or by-law;
b) information or documentation required by the Manager of Licensing as part
of the application process has not been provided;
c) the Application is incomplete or the Application Licence Fee is unpaid
including any late and/or penalty fee;
d) the Manager of Licensing received an unfavourable report regarding an
investigation carried out pursuant this By-law or any other by-law of the City;
e) there are reasonable grounds for belief that an Application or other
document provided to the Manager of Licensing by or on behalf of an
Applicant or Licensee contain a false statement or provides false
information;
f) the past or present conduct of any person, including the officers, directors,
employees or agents of a corporation, affords reasonable cause to believe
the person will not carry on or engage in the business in accordance with
the law or with honesty and integrity;
g) without limiting the generality of section 8.5 (f), any Person, including the
officers, directors, employees or agent of a corporation, has contravened
this By-law or any other by-law of the City or federal or provincial statue or
regulation while engaged in or conducting the business of the Shared
Accommodation;
h) any special conditions placed by the Manager of Licensing, on a former or
current Licence of the Applicant or Licensee under this By-law have not
been met;
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i) the provisions of this By-law provide grounds not to issue or renew in the
circumstances; or
j) the Applicant or Licensee has consented to the refusal, suspension,
revocation, or adding of conditions to the licence.
8.8 No Person shall violate any conditions that the Manager of Licensing or the
Licensing Appeal Tribunal has placed on a Licence issued under this By-law.
8.9 For the purpose of section 8.6, the Person's last known address and email address
shall be deemed to be those provided pursuant to section 4.1 of this By-law unless
notice in writing has been given to the Manager of Licensing providing new
information in which case the most recently provided information shall be deemed
correct for the purpose of providing notice hereunder.
9. Inspections
9.1 Any person authorized by the Manager of Licensing may at all reasonable times
and in accordance with any applicable requirements in the MunicipalAct, 2001, as
amended, inspect any premises used for the carrying on of any business in respect
of which a person is required to be licensed under this By-law.
9.2 No person shall obstruct or hinder or cause to be obstructed or hindered any
person or persons designated under this By-law to perform their duties.
9.3 An inspection may be conducted by an Officer to determine whether or not the
following are being complied with:
a) any by-law of the City under the Municipal Act including this By-law;
b) a direction or order of the City made under the Municipal Actor made under
a by-law of the municipality passed under the Municipal Act;
c) a condition of a Licence issued under a by-law of the municipality passed
under the Municipal Act; or
d) an order made under section 431 of the Municipal Act, 2001, c. 25.
9.4 For the purpose of an inspection of any premises to which any provision of this
By-law applies, an Officer may:
a) require the production for inspection of documents or items relevant to the
inspection in a timeframe prescribed by the Manager of Licensing;
b) inspect documents or items relevant to the inspection;
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c) require information from any person concerning a matter related to the
inspection; and
d) alone or in conjunction with a person possessing special or expert
knowledge, make examination or take tests, samples, or photographs
necessary for the purpose of the inspection.
10. Orders
10.1 Where the Manager of Licensing has reasonable grounds to believe that a
contravention of this By-law has occurred, the Manager of Licensing may make an
Order requiring the Person who contravened this By-law, or who caused or
permitted the contravention, or the Owner or Renter, of the land on which the
contravention occurred, to do work to correct the contravention.
10.2 An Order under section 10.1. of this By-law shall set out:
a) reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred; and
b) the work to be done and the date by which the work must be done, or that
the activity deemed to discontinue has ceased.
10.3 An Order under section 10.1. of this By-law may require work to be done even
though the facts which constitute the contravention of this By-law were present
before this By-law came into force.
10.4 No Person shall fail to comply with an Order under section 10.1 of this By-law.
10.5 Any Order pursuant to this By-law shall be given in writing and is effective:
a) on the date on which it is delivered to the Person to whom it is addressed;
b) on the fifth day after it is sent by registered mail to the Person's last known
address; or
c) upon the sending by email transmission to the Person's last known email
address.
10.6 For the purpose of section 10.5, the Person's last known address and email
address shall be deemed to be those provided pursuant to section 4.1 of this By-
law unless notice in writing has been given to the Manager of Licensing providing
new information in which case the most recently provided information shall be
deemed correct for the purpose of providing notice hereunder.
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11. Enforcement
11.1 Council hereby authorizes the Waterloo Regional Police Services or any Officer
thereof to act as agent for the City, as necessary, for the purpose of enforcing this
By-law.
11.2 The Manager of Licensing is hereby charged with the responsibility for the
enforcement of this By-law and the City Solicitor, City Clerk/Director of Legislated
Services, Director of By-law Enforcement, and any other municipal official are
hereby required to render the Manager of Licensing any reasonable assistance in
that regard.
12. Offences and Penalties
12.1 Every Person, excluding a corporation, who contravenes any provision of this
By-law or an Order made under this By-law and every director or officer of a
corporation who concurs in a contravention by the corporation is guilty of an
offence and is liable, upon conviction, to a fine not exceeding Twenty -Five
Thousand Dollars ($25,000).
12.2Every corporation that contravenes any provision of this By-law or an order
made under this By-law is guilty of an offence and is liable, upon conviction,
to a fine not exceeding Fifty Thousand Dollars ($50,000).
12.3No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer
exercising a power or performing a duty under this By-law.
12.4Sections 3.1, 8.8, 9.2 and 10.4, inclusive of all subsections thereunder, of this
By-law are hereby designated as parts of this by-law to which the
Administrative Penalty By-law applies.
12.5Any person who contravenes any Designated Provision of this by-law shall,
upon issuance of a penalty notice in accordance with the Administrative
Penalty By-law, be liable to pay an administrative penalty and any
administrative fees.
13.Collection of unpaid fines
13.1 Pursuant to section 441 of the Municipal Act, if any part of a fine for a
contravention of this By-law remains unpaid after the fine becomes due and
payable under section 66 of the Provincial Offences Act including any extension
of time for payment ordered under that section, the Manager of Licensing may
give the Person against who the fine was imposed a written notice specifying the
Page 45 of 107
amount of the fine payable and the final date on which it is payable which shall
be not less than twenty one (21) days after the date of the notice.
13.21f the fine remains unpaid after the final date specified in the notice, the fine shall
be deemed to be unpaid taxes for the purpose of Section 351 of the Municipal
Act.
14. Schedules
10.2 The schedules attached to this By-law shall form part of this By-law.
15. Short Title
a. This By-law shall be known as the "Shared Accommodation By-law".
16. Severability
a. If a Court of competent jurisdiction should declare any section or part of a section
of this By-law to be invalid, such section or part of a section shall not be construed
as having persuaded or influenced Council to pass the remainder of this By-law
and it is hereby declared that the remainder of this By-law shall be valid and shall
remain in full force and effect.
17. Repeal
2. By-law 2004-250 and the contents of the Chapter 553 are hereby repealed
as of January 1, 2025.
18. Coming into force
a. This By-law shall come into force and effect on January 1, 2025.
19.Transitional Provisions
a. Notwithstanding any other provisions of this By-law, or the repeal prior to January
1, 2025, various City by-laws and chapters of The City of Kitchener Municipal Code
respecting business licensing, such repeal shall not:
a) affect the previous operation of the repealed Chapters and by-laws;
b) affect any right, privilege, obligation, or liability including any licence that
came into existence under the repealed Chapter or by-law;
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c) affect an offence committed against the repealed Chapter or by-law, or any
penalty, forfeiture, or punishment incurred in connection with the offence;
or,
d) affect an investigation, proceeding, or remedy in respect of a right, privilege,
obligation, or liability described in section 20.1.b), or a penalty, forfeiture, or
punishment described in section 20.1.c).
19.2An investigation, proceeding, or remedy described in section 20.1. d) may be
commenced, continued, or enforced as if the by-law or chapter had not been
repealed or revoked.
19.3A penalty, forfeiture, or punishment described in section 20.1. c) may be
imposed as if the by-law or chapter had not been repealed or revoked.
19AA Licence issued under any by-law or chapter of the Municipal Code, as
amended, shall be deemed a Licence under this by-law and shall be subject
to all provisions of this By-law, but shall expire on the earlier of the two dates:
a) The expiry date stated on the licence; or
b) January 1, 2025.
20 Municipal Code
20.1 The Clerk of the City is hereby directed to make this By-law a part of The City of
Kitchener Municipal Code by adding it to the concordance and arranging and
numbering it as a chapter so as to fit within the scheme of the Code.
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SCHEDULE 1
TYPES OF SHARED ACCOMMODATION REQUIRING A LICENCE
TYPE OF SHARED ACCOMMODATION
REGULATIONS
Lodging House
Schedule 5
Short -Term Accommodation Rental
Schedule 6
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SCHEDULE 2
CRIMINAL RECORD AND JUDICIAL MATTERS CHECK
1. This schedule shall apply to those Persons who are required to provide Criminal
Record and Judicial Matters Check with an Application.
2. The Criminal Record and Judicial Matters accepted by the Manager of Licensing shall
meet the following requirements:
a) must be the original version provided by the Police Department;
b) must be completed within the municipality that the Person resides;
c) must be obtained by the Applicant to whom it applies;
d) if the Applicant is part of a partnership, a completed Criminal Record and
Judicial Matters must be obtained for each partner; and
e) if the Applicant is a corporation, a completed Criminal Record and Judicial
Matters must be obtained for each director, officer or shareholder who holds
50% or more of the issued shares in the corporation.
2. The Criminal Record and Judicial Matters shall only be considered valid if it is
completed within six (6) months of the date of Application.
3. The Criminal Record and Judicial Matters shall be completed by a Canadian Police
Service, or by a police service in the country where the Applicant resides. A Criminal
Record and Judicial Matters completed by a third -party agency will not be accepted.
4. Any Criminal Record and Judicial Matters that is completed in a foreign language must
be translated and notarized.
Page 49 of 107
SCHEDULE 3
INSURANCE
1. This schedule shall apply to any Applicant that is required to submit proof of insurance.
2. Upon submitting an Application, the Applicant shall execute the following indemnity to
the satisfaction of the City:
The Licensee both during and after the term of the Licence or renewed Licence,
shall at all times, and at its own cost, expense, and risk, defend, indemnify and
hold harmless the City, its elected officials, officers, employees, volunteers,
agents, and all respective heirs, administrators, executors, successors, and
assigns from any and all losses, damages (including, but not limited to, incidental,
indirect, special and consequential damages, or any loss of use, revenue or profit
by any Person or Business), fines, penalties and surcharges, liabilities,
judgements, claims, demands, causes of action, contracts, suits, actions or other
proceedings of any kind and expenses which the indemnified City may suffer or
incur, howsoever caused, provided such losses, damages, fines, penalties and
surcharges, liabilities, judgments, claims, demands, cause of action, contracts,
suits, actions or other proceedings of any kind and expenses as defined above are
due or claimed to be due to the negligence, breach of contract, and/or breach of
law of the Licensee.
3. The Applicant shall maintain liability insurance acceptable to the Manager of Licensing
throughout the term of the Licence if the Licence has been granted.
4. The liability insurance shall consist of a comprehensive policy of public liability and
property damage insurance in an amount of not less than $2,000,000.00 per
occurrence.
5. The liability insurance shall name The Corporation of the City of Kitchener as
additional insured with a cross liability endorsement and severability of interest
provision.
Page 50 of 107
SCHEDULE
FLOOR PLANS
1. This schedule shall apply to any Applicant that is required to submit Floor Plans.
2. The Floor Plans accepted by the Manager of Licensing shall be drawn to scale on
graph paper or digital format and include identifying the following:
a) all rooms, spaces or common areas of the Shared Accommodation:
b) how each room, space or common area shall be used, which means specifically
indicating where all Bedrooms will be located on the floor plan;
c) the dimensions (in meters) of all rooms, spaces or common areas;
d) dimensions of all windows;
e) location of all entrances and exits; and
f) location of all smoke and carbon monoxide alarms.
Page 51 of 107
SCHEDULE
LODGING HOUSE
1. In addition to the licensing requirements set out in section 4 of this By-law; an
Applicant for a Lodging House Licence shall supply the following:
a) Criminal Record and Judicial Matter Check;
b) Proof of Insurance;
c) Floor Plan;
d) Fire Approval;
e) Planning Approval; and
f) Property Standards Approval.
2. Every Lodging House Licensee Shall:
a) ensure the Building area shall not exceed six hundred (600) square metres and
the Building shall not exceed three (3) storeys in height;
b) ensure that the aggregate bedroom floor area is maximum 50% of the gross
floor area;
c) ensure that each bedroom complies with the Building Code Act, 1992, S.O.
1992, c.23, as amended, and any regulations thereto with regards to access to
natural light and window requirements;
d) ensure that the each bedroom has:
i) a minimum floor area of 7 square metres; and
ii) no more than 2 Adults per bedroom;
e) ensure that all Renters have access to any kitchen and bathroom;
f) ensure that each bedroom shall have a door that is capable of being locked;
g) maintain written leases with only one (1) Renter per lease, unless the Renter is
under the age of sixteen (16) years, in which case a parent or guardian may
execute a lease on their behalf;
h) have a separate Licence for each Lodging House location.
3. No Lodging House Licensee shall:
a) permit any room to be used as a bedroom except where a bedroom has been
Page 52 of 107
indicated on the licence application;
b) permit an occupancy greater than the number of which the premises was licensed
pursuant to this By-law;
c) operate a Business within or on the Licensed property.
Page 53 of 107
SCHEDULE6
SHORT-TERM ACCOMMODATION RENTAL
1. In addition to the licensing requirements set out in section 4 of this By-law; an
Applicant for a Short -Term Accommodation (STA) Licence shall supply the following:
a) for a Class "A" Licence:
i. Proof of Principal Residence;
ii. Criminal Record and Judicial Matters Check;
iii. Proof of Insurance
iv. Floor Plan;
V. Fire Approval;
vi. Planning Approval; and
vii. Property Standards Approval.
b) For Class "B" Licence:
i. Criminal Record and Judicial Matters Check;
ii. Proof of Insurance
iii. Floor Plan;
iv. Fire Approval;
V. Planning Approval: and
vi. Property Standards Approval.
2. STA - Class "A" (Principal Residence) Licensee may:
a) operate up to a maximum of 365 days in a calendar year;
b) operate up to 30 days consecutive, with the option to permit two
additional 30 consecutive days up to a maximum of 90 days
consecutive;
c) rent up to five (5) bedrooms; and
d) rent up to two (2) Guests per bedroom, with a maximum of 10 Guests total;
and
e) only hold a maximum of 1 Class "A" licence.
3. STA - Class "B" (Non -Principal Residence) Licensee may:
a) operate up to a maximum of 365 days in the calendar year;
Page 54 of 107
b) operate up to 30 days consecutive, with the option to permit two (2)
additional 30 consecutive days up to a maximum of 90 days consecutive;
c) rent up to three (3) bedrooms;
d) rent up to two (2) Guests per bedroom, with a maximum of six (6) Guests
total; and
e) rent a secondary dwelling unit.
4. A Short-term Accommodation Licence will not be granted for any accessory structure,
such as a shed, garage or recreational vehicle.
5. A Short-term Accommodation Licence will only be granted where approved to the
registered owner(s) of the STA.
6. Every Short -Term Accommodation Licensee shall keep a register of all guests
staying at the STA that will be available upon request by the Manager of Licensing
and shall include:
i. Date(s) of entry and exit of the guest(s);
ii. Number of Guests per Reservation;
iii. Length of stay;
iv. Name and address of Guest(s);
V. Licence plate(s), if applicable; and
vi. ensure all records are kept for a minimum of two (2) years.
7. Every Short -Term Accommodation Licensee shall ensure that the STA is maintained
in a clean and hygienic manner and in a state of good repair.
8. Every Short -Term Accommodation Licensee shall ensure that each bedroom has a
minimum floor area of 7 square metres.
9. Every Short -Term Accommodation Licensee shall maintain the privacy of its guests,
and where security cameras are present shall:
a) provide notice to the guests that security cameras are in use on the
premises;
b) place signage in a conspicuous place that security cameras are
present;
c) ensure that security cameras are not installed or positioned in areas
where individuals have a reasonable expectation of privacy, such as
bedrooms, bathrooms or changing areas; and
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d) ensure compliance with all applicable municipal, provincial, and federal
laws, regulations, and guidelines governing the use of security camera
and protection of privacy.
Page 56 of 107
SCHEDULE 7
RENEWAL REQUIREMENTS
1. In addition to the licensing requirements set out in article 4 of this Chapter, a
completed Application for a Licence renewal shall be accompanied by the listed
requirements and approvals and shall be submitted by the listed due date.
TYPE OF LICENCE
REQUIREMENTS/APPROVALS
DUE DATE
Lodging House
• Fire Approval
1 calendar year after the
• Property Standards
date of issuance or the
Approval
expiry date as listed on the
licence.
• Planning Approval
• Insurance
• Criminal Record Check
• Application Licensing Fee
Short -Term
• Fire Approval
1 calendar year after the
Accommodation Rental
• Property Standards
date of issuance or the
Approval
expiry date as listed on the
licence.
• Planning Approval
• Insurance
0 Criminal Record Check
• Application Licensing Fee
Page 57 of 107
APPENDIX B TO COR -2024-233
PROPOSED SHARED ACCOMMODATION LICENSING FEES
LICENCE TYPE (NEW):
COST FOR LICENCE
PROJECTED
NUMBER
TOTAL
LODGING HOUSE
$750
150-300
$112,500-$225,000
SHORT-TERM RENTAL
Class A - $450
800
$360,000-$600,000
BLUE MOUNTAIN
Class B - $750
NIAGRA ON THE LAKE
$279 (PER BEDROOM)
LICENCE TYPE (RENEWAL):
COST FOR LICENCE
LATE
LODGING HOUSE
$525
$655
SHORT-TERM RENTAL— Class A
$225
$355
SHORT-TERM RENTAL—Class B
$525
$655
COMPARATOR:
FEE:
WATERLOO
$420-$720
LONDON
$193
VAUGHN
$200-$6,637
HAMILTON
$875-$1006
KAWARTHA LAKES
$150-$1500
BLUE MOUNTAIN
$2400
NIAGRA ON THE LAKE
$279 (PER BEDROOM)
OAKVILLE
$273 - $46,300 (PLATFORM)
NORTH BAY
$600
RAMARA
$3000
AVERAGE FEE
$1,560.20
Page 58 of 107
Staff Report
Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: June 3, 2024
SUBMITTED BY: Rosa Bustamante, Director, Planning and Housing Policy, 519-741-
2200 ext. 7319
PREPARED BY: Natalie Goss, Manager, Policy & Research, 519-741-2200 ext. 7648
WARD(S) INVOLVED: ALL
DATE OF REPORT: May 16, 2024
REPORT NO.: DSD -2024-249
SUBJECT: Supplemental Report to DSD -2023-446 — City-wide Lodging House
Review — DSD -2024-249
RECOMMENDATION:
That Official Plan Amendment OPA21/004/COK/AR proposing amendments to
Kitchener's 1994 and 2014 Official Plan to permit lodging houses city-wide wherever
residential uses are permitted be adopted in the form shown in the Official Plan
Amendments attached to Report DSD -2023-446 as Attachment `A' and Attachment
`B', and accordingly forwarded to the Region of Waterloo for approval; and further,
That Zoning By-law Amendment ZBA21/040/KING be approved in the form shown in
the `Proposed By-law to Zoning By-law 85-1' and `Proposed By-law to Zoning By-law
2019-051' attached to Report DSD -2023-446 as Attachment `C' and Attachment `D'
respectively.
REPORT HIGHLIGHTS:
• The purpose of this report is to bring forward recommended Official Plan and Zoning
By-law amendments to enable lodging homes city-wide which were referred by City
Council in November 2023.
• This report is being brought forward at this time to enable updates to the Official Plan
and Zoning By-law to be considered at the same time as licensing by-law updated for
lodging homes (COR -2024-233 — Shared Accommodation By-law).
• There are no financial implications associated with this recommendation.
• Planning staff continues to recommend the land use and zoning updates proposed
through report DSD -2023-446.
• This report supports Building a Connected City Together: Focuses on
neighbourhoods; housing and ensuring secure, affordable homes; getting
around easily, sustainably and safely to the places and spaces that matter.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 59 of 107
BACKGROUND:
At the November 6, 2023, City Council meeting, Council referred a decision on the
recommendations in report DSD -2023-446 to allow them to be considered concurrently with
a new Lodging House Licensing By-law. Since that time, work has advanced on a Shared
Accommodation By-law, which will include updated licensing requirements for lodging
houses.
REPORT:
Licensing Services has identified the need to modernize the Lodging House (licensing) By-
law and to expand the by-law to include additional types of Shared Accommodations. Report
COR -2024-233 — Shared Accommodation By-law, is being considered by Committee of
Council on June 3, 2024. This staff report includes a new by-law that aims to improve the
ability to ensure public safety, consumer protection, and nuisance control while also
reducing barriers for property owners. Some of the key changes include more robust
licensing requirements, enhanced property maintenance measures, enhanced safety
measures byway of mandatory inspections, advertising and booking requirements, a renter
code of conduct, emergency contacts and a good neighbour guide.
The proposed updates to licensing for Lodging Houses aligns with proposed updates to
Official Plan policies and zoning rules. As such, staff continues to recommend the Official
Plan amendments and Zoning By-law amendments as outlined in report DSD -2023-446.
STRATEGIC PLAN ALIGNMENT:
This report supports Building a Connected City Together: Focuses on
neighbourhoods; housing and ensuring secure, affordable homes; getting around
easily, sustainably and safely to the places and spaces that matter.
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, R.S.O, 1990, c. P. 13
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• Provincial Policy Statement, 2020
• Region of Waterloo Official Plan, 2009
• City of Kitchener Official Plan, 2014
• City of Kitchener Official Plan, 1994
• City of Kitchener Zoning By-law 85-1
• City of Kitchener Zoning By-law 2019-051
Page 60 of 107
• DSD -2021-11 — Lower Doon Land Study Recommendations Report
• DSD -20-214 — Housing for All — City of Kitchener Housing Strategy
• DSD -2023-446 — City-wide Lodaina House Review
REVIEWED BY: Kristin VanDerGeld, Manager, Licensing
APPROVED BY: Justin Readman, General Manager, Development Services
ATTACHMENTS:
Attachment A — DSD -2023-446 — City-wide Lodging House Review
Page 61 of 107
Staff Report
J
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: October 30, 2023
SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext. 7073
PREPARED BY: Raida Chowdhury, Student Planner, 519-741-2200 ext. 7078
Natalie Goss, Manager Policy & Research, 519-741-2200 ext.7648
WARD(S) INVOLVED: ALL
DATE OF REPORT: October 17, 2023
REPORT NO.: DSD -2023-446
SUBJECT: DSD -2023-446 City-wide Lodging House Review
(OPA21/004/COK/AR, ZBA21/040/K/NG)
RECOMMENDATION:
That Official Plan Amendment OPA21/004/COK/AR proposing amendments to
Kitchener's 1994 and 2014 Official Plan to permit lodging houses city-wide
everywhere residential uses are permitted be adopted, in the form shown in the
Official Plan Amendments attached to Report DSD -2023-446 as Attachment `A' and
Attachment `B', and accordingly forwarded to the Region of Waterloo for approval;
and,
That Zoning By-law Amendment ZBA21/040/K/NG be approved in the form shown in
the `Proposed By-law to Zoning By-law 85-1' and `Proposed By-law to Zoning By-law
2019-051' attached to Report DSD -2023-446 as Attachment `C' and Attachment `D'
respectively.
REPORT HIGHLIGHTS:
• The purpose of this report is to bring forward a planning recommendation regarding
Official Plan amendments and Zoning By-law amendments to permit lodging houses
city-wide.
• Community engagement included:
• A Housing for All Lodging House sub -committee was formed with members of the
community, staff and Council. The sub -committee prepared an Issues and Options
report about lodging houses and in summer 2023 met with staff to review
preliminary directions on Official Plan and zoning updates;
• An update on the recommended approach for lodging houses was provided to the
Lived Expertise Working Group on October 4, 2023, and;
• Notice of the public meeting was published in the Record on October 6, 2023.
• This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 62 of 107
EXECUTIVE SUMMARY:
Council approved Housing for All, the City's first housing strategy which focused on what
the city can do to address housing issues. One of the strategy's actions is to report on the
feasibility and implications of reviewing and updating current lodging house policies. As part
of Housing for All, a Lodging House sub -committee was formed comprised of community
members, staff and a member of Council. Together they drafted an Issues and Options
paper that recommended removal of references to minimum distance separation and
expanding permissions for lodging houses city-wide where residential uses are permitted.
They also recommended advancing updates on licensing for lodging houses and engaging
with people with lived expertise. Additionally, the Ontario Human Rights Commission has
advised all municipalities to avoid the discriminatory impacts of regulations regarding rental
housing, including the use of a minimum distance separation. Planning staff is
recommending approval of Official Plan amendments and Zoning By-law amendments that
will permit lodging houses city-wide.
BACKGROUND:
This report is one of many reports being presented to Council for consideration in 2023-
2024+ which focuses on housing related studies and initiatives. The graphic below depicts
the planned updates to Council over the next 12+ months.
N
Municipal Housing I I Bill 13, Bill 23, Roll 109 1 1 1 1 Evictions &
Pledge Implementation Plan Lodging House Official Plan Displacement Toolkit
Growing Together and Zoning Implementation Implementation
Engagement Summary Lower Doon Land Use Rental Replacement By -
Inclusionary Zoning Study Implementation law Implementation
Direction Eviction & Displacement Shared
Missing Middle and Webpage & Online Accommodations
Affordable Housing Study Reporting UpdateLicensing By-law
Update Eviction & Displacement Updates
Toolkit Options p
(incl. Lodging House)
Lived Expertise Rental Replacement By-law
Working Group year Z Information Report
Work Plan Growing Together
Development Implementation
Inclusionary Zoning
Implementation
In October 2019, Council approved report DSD -19-233 — New Zoning By-law (Stage 2a) —
Residential Base Zones Comprehensive Review of the Zoning By-law (CRoZBy) Project
which included staff's recommendation that the issue of regulating lodging houses in the
Official Plan and Zoning By-law be referred to the Affordable Housing Strategy for further
consideration.
On December 14, 2020 as a part of report DSD -20-214 Council approved Housing for All,
the City's first housing strategy which focused on what the city can do to address housing
Page 63 of 107
issues including increasing and maintaining the supply of housing within the City of
Kitchener while supporting the Region of Waterloo. Housing for All contained over 40 actions
the city can take to help realize the right to housing. One of the strategy's actions is to report
on the feasibility and implications of reviewing and updating current lodging house policies.
In March 2021, staff brought forward a consultant report and recommendations on the Lower
Doon Land Use Study as a part of report DSD -2021-11. One recommendation in the
consultant report was to allow lodging houses in all residential zones in Lower Doon and to
subsequently revise the City's licensing by-law for Lodging Houses. Further, the consultants'
report noted that minimum distance separation regulations are an indefensible form of
"people zoning" which the Ontario Human Rights Commission has directed municipalities
not to use due to its discriminatory and exclusionary nature and impacts.
Lodging House Sub -committee
As part of the Affordable Housing Strategy, a Lodging House sub -committee was formed in
early 2021, comprised of four members of the Housing for All Advisory Committee and
togetherformed a working group which helped draft the Issues and Options paper on lodging
houses (Attachment E) in Kitchener. The Issues and Options paper included the following
recommendations that are appropriate to be addressed through planning tools or processes:
• Removal of references to minimum distance separation in the Official Plan and
Zoning By-law;
• Allow lodging houses as of right in all residential zones across the City;
• Advance updates on the licensing framework for lodging houses, and;
• Engage with people with lived expertise of lodging houses through the City's Lived
Expertise Working Group
Lodging Houses in the City of Kitchener
Currently there are about 20 licensed lodging houses located across the City of Kitchener.
Through investigations conducted by Kitchener's licencing, by-law enforcement and fire
prevention staff, discussions with affected parties, and data -mining, staff are aware that
there are many more unlicensed properties operating as lodging houses. Unlicensed
properties are not annually inspected and operate outside of the requirements and
regulations of the city's bylaws.
To complete the action item from Housing for All, advance the work of the Housing for All
Lodging House Sub -committee, and implement direction from the Ontario Human Rights
Commission, planning staff are proposing amendments to Kitchener's Official Plan and
Zoning By-laws that seek to permit lodging houses across the city.
REPORT:
Many municipalities have regulated the form and location of lodging houses and group
homes to prevent or reduce perceived over -concentration of lodging houses and group
homes and to "protect" neighborhoods. Many municipalities, including Kitchener,
implemented zoning and licensing restrictions and separation requirements for these
housing types. As part of Official Plan and zoning updates in the mid 2000s, Kitchener
sought to limit the creation of new lodging houses, residential care facilities and social
service establishments within the Cedar Hill neighbourhood. The Ontario Municipal Board
ruled against the City on the basis that imposing by-laws that limit housing availability for
Code protected groups is discriminatory, an encroachment on human rights, and is an
Page 64 of 107
overall breach of planning principles. Additionally, at that time Kitchener and three other
municipalities were challenged by the Ontario Human Rights Tribunal on their use of
minimum separation distances and zoning restrictions on group homes and supportive
housing. The City subsequently removed the minimum separation distances and restrictions
for group homes as a result of the Tribunal's direction.
Since that time, the Ontario Human Rights Commission (OHRC) has advised all
municipalities, through their report titled "Room for everyone: Human rights and rental
housing licensing" to avoid the discriminatory impacts of regulations regarding rental
housing, including the use of minimum separation distances (OHRC, 2013). Minimum
separation distances are arbitrary and mean that if one lodging house is established in a
neighbourhood, others cannot locate. This particularly affects groups that may already be
the most vulnerable, since the lodging houses they live in cannot be brought into conformity
and licensing standards, they are often afraid to report property neglect and standards due
to fear of being evicted.
The Role of Lodging Houses in the Continuum
Housing for All is Kitchener's first housing strategy, and it contains over 40 actions that take
a comprehensive approach to meeting supply all around the housing continuum. One of the
actions was to report to Council on the feasibility of reviewing the City's lodging house
policies.
Lodging houses also known as `Multi -Tenant Houses, and historically as `Rooming Houses',
and `Boarding Houses', fill an important gap in the provision of housing as it tends to be a
more affordable option than other options in the private market. Lodging houses can also
encompass some forms of student housing and seniors co -housing. They add to a mix and
range of housing options and contribute to stronger and more diverse neighbourhoods.
Figure 1 below shows the Wheelhouse which sets the targets for each housing type around
the continuum and shows where the market is failing to provide adequate stock.
Sh�4terCa,yd
a�r'YI �Ii iII I��III�tiI ,
millll
Figure 1: Wheelhouse - Kitchener's reimagined understanding of the housing continuum.
Page 65 of 107
As part of the implementation of one of the action items of Kitchener's Housing for All,
Kitchener's housing strategy, planning staff are proposing and recommending a series of
amendments to permit lodging houses city-wide.
Building on the Issues and Options prepared by the Lodging House sub -committee
(Appendix E) planning staff conducted supplemental research to better understand ways in
which lodging houses are defined in Official Plans and Zoning By-laws; consider how lodging
houses can be permitted throughout the city in mixed use and commercial zones; and,
considered minimum parking rates. Planning and Licensing staff met with the Lodging
House Sub -committee several times throughout Summer 2023 on the supplemental
research conducted by staff, and draft directions to amend the Official Plan, Zoning By-law
and licensing by-law.
Proposed Official Plan Amendments and Zoning By-law Amendments (85-1 and
2019-051)
Planning staff are proposing amendments to Kitchener's 2014 Official Plan and the 1994
Official Plan which continues to apply to Kitchener's Secondary Plan areas in the
neighbourhoods surrounding downtown, the North Ward in Ward 10, and Rosenberg in
Ward 5. The Official Plan amendments will seek to:
• Permit lodging houses anywhere in the city that residential uses are permitted
where the primary intent of the land is for residential or mixed use and provided that
municipal servicing is available;
• Align the definition of lodging houses with the Ontario Building Code and Ontario
Fire Code. The proposed definition of lodging houses is:
Lodging House — shall mean a dwelling unit where five or more persons, not
including a resident owner of the property, may rent a lodging unit and where the
kitchen and other areas of the dwelling unit are shared amongst the persons
occupying the dwelling unit. Lodging house can include student residences but shall
not include a group home; hospital, any small residential care facility or large
residential care facility licensed, approved, or supervised under any general or
specific Act, or a hotel.
• Remove policies and regulations that refer to the use of minimum separation
distances for lodging houses.
Alternative ways to regulate and define lodging houses were contemplated, including not
considering a lodging house a separate use of land and rather a form of tenure. This
approach would rely on the City's licensing bylaw provisions for rules and safety
mechanisms for lodging houses. At this time planning staff recommend continuing with
defining and permitting lodging houses as a use to ensure clarity.
Planning Analysis:
Planning Act, R.S.O 1990, c. P. 13
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
Page 66 of 107
carrying out their responsibilities under this Act, shall have regard to, among other matters,
matters of provincial interest. Among these matters are the adequate provision of a full
range of housing, including affordable housing.
The matters of provincial interest outlined in Section 3 of the Planning Act are addressed
and implemented through the Provincial Policy Statement, 2020, which directs how and
where growth 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.
The Ministry of Municipal Affairs and Housing is proposing an integrated province -wide
land use planning policy document, potentially replacing the Provincial Policy Statement
and A Place to Grow: Growth plan for the Greater Golden Horseshoe, with a singular
Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this
report was prepared.
Provincial Policy Statement, 2020
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and growth. It encourages municipalities to permit and
facilitate a range of housing options to respond to current and future needs. Section 1.1.1
b) of the PPS acknowledges that healthy, liveable, and safe communities are sustained by
accommodating an appropriate range and mix of affordable and market-based residential
housing types as part of complete communities. Similarly, Section 1.4.3 b) states that
municipalities shall permit and facilitate all housing options required to meet the social,
health, economic and well-being requirements of current and future residents.
Based on the foregoing, staff is of the opinion that the proposed Official Plan and Zoning
By-law amendments are in conformity with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth
Plan)
The Growth Plan supports the development of complete and compact communities that are
designed to support healthy and active living, make efficient use of land and infrastructure,
provide for a range and mix of housing types, jobs, and services, at densities and in locations
which support transit viability and active transportation. The Growth Plan (policy 2.2.6.1a)
requires that municipalities support housing choice by identifying a diverse range and mix
of housing options and densities including additional residential units and affordable housing
to met projected needs of current and future residents. Further policy 2.2.6.1 e) requires that
municipalities implement the above through their official plan policies and designations and
zoning by-laws.
Planning staff is of the opinion that the proposed Official Plan and Zoning By-law
amendments are in conformity with the Growth Plan.
Regional Official Plan (ROP)
The Region of Waterloo's Official Plan (ROP), as amended in 2022 through Regional Official
Plan Amendment 6 — plans for growth and change in the Region to 2051. The ROP includes
planning to provide for a diverse range and mix of housing options, including affordable
Page 67 of 107
housing, to accommodate people at all stages of life, and to accommodate the needs of all
household sizes and incomes.
Chapter 3 of the ROP focuses on policies related to housing. Chapter 3 acknowledges that
maintaining a healthy supply of rental housing, especially at affordable and mid-range rents,
is critical to attracting residents and businesses to the Region and supporting a wider range
of housing options that are affordable. Policy 3.A.2 requires that area municipalities,
together with the Region, plan to provide a diverse range and mix of housing options with
an overall target of a minimum of 30 percent of new ownership and rental housing being
affordable to low- and moderate -income households. The policy also looks to provide variety
in housing forms, tenures, density and number of bedrooms to accommodate the needs of
all sizes, incomes and ages of households.
Planning staff is of the opinion that the proposed Official Plan and Zoning By-law
amendments are in conformity with the ROP.
City of Kitchener Official Plan (OP)
Kitchener's Official Plan (2014) provides the long-term land use vision for Kitchener. The
vision is further articulated and implemented through the guiding principles, goals,
objectives, and policies which are set out in the Plan. The vision and goals of the Official
Plan strive to build an innovative, vibrant, attractive, safe, complete and healthy community.
The City's Official Plan includes an objective (4.1.1) to provide for an appropriate range,
variety and mix of housing types and styles, densities, tenure, and affordability to satisfy
the varying housing needs of the Kitchener community through all stages of life. This
objective is considered through the policies throughout this section and specifically
relevant to the Official Plan amendments that are the subject of this report, policy 4.C.1.12
which acknowledges that the City favours a land use pattern which mixes and disperses a
full range of housing types and styles both across the city as a whole and within
neighbourhoods.
Planning staff is of the opinion that the proposed Official Plan and Zoning By-law
amendments are in conformity with the intent of the Official Plan and better align the
Official Plan and Secondary Plans contained within the 1994 Official Plan with advice from
the Ontario Human Rights Commission.
Proposed Official Plan Amendment Conclusions
Based on the above -noted planning analysis, direction in Housing for All, subsequent
research conducted by the Housing for All Lodging House sub -committee and staff, and
advice from the Human Rights Commission, staff is of the opinion that the proposed
Official Plan amendments represent good planning and recommends that they be
approved in the form shown in Attachments "A" and "B".
Proposed Zoning By-law Amendment Conclusions
Based on the above -noted planning analysis, direction in Housing for All, subsequent
research conducted by the Housing for All Lodging House sub -committee and staff, and
recommendations from the Human Rights Commission, staff is of the opinion that the
proposed Zoning By-law amendments represents good planning as they will permit a form
of housing broadly across the city that has historically been restricted. The proposed
Page 68 of 107
Zoning By-law amendments are consistent with the proposed Official Plan amendments.
Staff recommends that the proposed Zoning By-law amendments be approved in the form
shown in Attachments "C" and "D".
Licensing By-law Updates
Planning staff have been working closely with the Licensing Services team on the
proposed Official Plan and Zoning By-law amendments in parallel with anticipated updates
to Kitchener's licensing framework for lodging houses. Currently, Licensing Services
intends to bring to Council a report with an updated licensing by-law in early 2024 for
lodging houses and other shared accommodations, such as short-term rentals. Once
Council has considered the proposed licensing by-law, staff will launch a comprehensive
communications and education plan to ensure the successful roll out of new zoning and
licensing rules for lodging houses and licensing rules for other short-term
accommodations.
Prior to the implementation of an updated licensing framework for lodging houses, the city
will continue to rely on its current Lodging House By-law which require any property
operating a lodging house to obtain a licence and undergo annual inspections by property
standards and fire prevention to ensure health and safety.
STRATEGIC PLAN ALIGNMENT:
This report supports A Caring Community.
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.
CONSULT - This item arose as part of the work of the creation of Housing for All. It is
estimated that city staff engaged with close to 500 people including citizens, stakeholders,
members of the Advisory Committee, City staff and Members of Council. Further, a Lodging
House Review sub -committee worked alongside City staff helped to co -create the issues
and options paper and identify potential opportunities. The Lodging House Review sub-
committee also provided input on draft directions on proposed updates to the Official Plan
and Zoning By-law. Finally, an overview of the proposed Official Plan and Zoning By-law
amendments were presented to Kitchener's Lived Expertise Working Group on October 4,
2023.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act, R.S.O. 1990, c. P. 13
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• Provincial Policy Statement, 2020
Page 69 of 107
• Region of Waterloo Official Plan, 2009
• City of Kitchener Official Plan, 2014
• City of Kitchener Official Plan, 1994
• City of Kitchener Zoning By-law 85-1
• City of Kitchener Zoning By-law 2019-051
• DSD -2021-11 — Lower Doon Land Study Recommendations Report
• DSD -20-214 — Housing for All — City of Kitchener Housing Strategy
REVIEWED BY: Helen Fylactou, Manager, Licensing
APPROVED BY: Justin Readman, General Manager, Development Services
ATTACHMENTS:
Attachment A —
Proposed 1994 Official Plan Amendment
Attachment B —
Proposed 2014 Official Plan Amendment
Attachment C
— Proposed Zoning By-law Amendment 85-1
Attachment D
— Proposed Zoning By-law Amendment 2019-051
Attachment E — Housing for All Lodging House Sub -Committee Issues and Options
Paper
Attachment F —
Newspaper Notice (October 6, 2023)
Page 70 of 107
/_1LTA IA011s7LTA 1:101Is01 :e3rem IaMi• • Ate]99us7/_1O,W_11121
OF THE CITY OF KITCHENER
CITY OF KITCHENER
City-wide Lodging House Review
Page 71 of 107
AMENDMENT NO. ## TO THE 1994 OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
City-wide Lodging House Review
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 October 30, 2023
APPENDIX 2 Minutes of the Meeting of the Planning & Strategic Initiatives
Committee of October 30, 2023
APPENDIX 3 Minutes of the Meeting of City Council DATE
2
Page 72 of 107
AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER
SECTION 1 — TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. ## to the Official Plan (1994) of the City of
Kitchener. This amendment is comprised of Sections 1 to 4 inclusive.
SECTION 2 — PURPOSE OF THE AMENDMENT
The Ontario Human Rights Commission (OHRC) has provided direction to all municipalities to remove
minimum separation distances from planning instruments as they pertain to lodging houses in order
to avoid `people zoning', remove impacts of exclusionary regulation imposed on tenants, and to protect
the safety and viability of lodging houses as a form of housing. The purpose of the Official Plan
Amendment is to address this direction of the OHRC by incorporating certain modifications to the text.
These modifications support the actions in Housing for All, the City's housing strategy which was
approved on December 14, 2020. The effect of the changes are to remove reference to a minimum
separation distance for lodging houses, remove exclusionary and discriminatory language and reduce
undue policy regulation regarding lodging houses.
SECTION 3 — BASIS OF THE AMENDMENT
The effect of the amendment is to incorporate certain modifications to the text of the Official Plan to
meet the direction of the Ontario Human Rights Commission, and to support the implementation of the
City's housing strategy, Housing for All as it pertains to lodging houses. This Official Plan amendment
is consistent with and conforms to the Provincial Policy Statement (2020), A Place to Grow: Growth
Plan for the Greater Golden Horseshoe (2020), the Region of Waterloo Official Plan (2009), and
represents good planning.
Land Use Modifications
City staff are recommending that all land use designations within all Secondary Plans that permit
residential uses permit lodging houses.
SECTION 4—THE AMENDMENT
The City of Kitchener 1994 Official Plan is hereby amended as follows:
a) Part 3, Section 13.1 Civic Centre Secondary Plan, subsection 13.1.2.1 is amended by
adding the words ", lodging houses" before "or multiple dwellings to a maximum of 3 units"
and after "duplexes" in the second paragraph
b) Part 3, Section 13.2, King Street East Secondary Plan, subsection 13.2.2.1 is amended
by deleting the word "small" after "three dwelling units," and before "lodging houses"
c) Part 3, Section 13.3 Cedar Hill Secondary Plan, subsection 13.3.3.1 is amended by
deleting the word "small" after "multiple dwellings to a maximum of three units," and
before "lodging houses"
d) Part 3, Section 13.4 Mill Courtland -Woodside Park Secondary Plan, subsection 13.4.3.1
is amended by deleting the word "small" after "multiple dwellings to a maximum of three
dwelling units," and before "lodging houses"
Page 73 of 107
e) Part 3, Section 13.5 Victoria Park Secondary Plan, subsection 13.5.3.1 is amended by
deleting the word "small' after "multiple dwellings to a maximum of three units" and before
"lodging houses"
f) Part 3, Section 13.6 Victoria Street Secondary Plan, subsection 13.6.3.1 is amended by
deleting the word "small' after "and multiple dwellings to a maximum of three units" and
before "lodging houses"
g) Part 3, Section 13.7 K -W Hospital Secondary Plan, subsection 13.7.3.1 is amended be
deleting the word "small' after "multiple dwellings to a maximum of three units" and before
"lodging houses" in the second paragraph
h) Part 3, Section 13.8, North Ward Secondary Plan, Subsection 13.8.2.1 is amended by
deleting the word "small' after "semi-detached dwellings" and before "lodging houses".
i) Part 3, Section 13.8, North Ward Secondary Plan, Subsection 13.8.2.4 is amended by
inserting the words "lodging houses" before "health offices" and after "multiple dwellings
to a maximum of three dwell units".
j) Part 3, Section 13.9, Central Frederick Secondary Plan, Subsection 13.9.3.1 is amended
by deleting the word "small" after "duplex dwellings" and before "lodging houses" in the
second paragraph.
k) Part 3, Section 13.9, Central Frederick Secondary Plan, Subsection 13.9.3.2 is amended
by deleting the word "small" after "multiple dwellings to a maximum of three units," and
before "lodging houses" in the second paragraph.
1) Part 3, Section 13.9, Central Frederick Secondary Plan, Subsection 13.9.3.6 is amended
by inserting the words "lodging houses" before "home businesses" and after "multiple
dwellings in excess of 200 units per hectare".
m) Part 3, Section 13.9, Central Frederick Secondary Plan, Subsection 13.9.3.15 is
amended by inserting the words "lodging houses" before "home businesses" and after
"semi-detached dwellings".
n) Part 3, Section 13.9, Central Frederick Secondary Plan, Subsection 13.9.3.16 is
amended by inserting the words "lodging houses" before "educational establishments"
and after "multiple dwellings" in paragraph 2.
o) Part 3, Section 13.10, Rosenberg Secondary Plan, Subsection 13.10.3.2.2.3 is amended
by inserting the words "lodging houses" before "and special needs housing" and after
"multiple dwelling units (not including cluster townhouses)".
p) Part 3, Section 13.10, Rosenberg Secondary Plan, Subsection 13.10.3.2.3.3 is amended
by inserting the words "lodging houses" before "and special needs housing" and after
"multiple dwelling units (not including cluster townhouses)".
q) Part 3, Section 13.10, Rosenberg Secondary Plan, Subsection 13.10.3.3.2.1 is amended
by inserting the words "lodging houses" before "and street townhouse dwellings" and after
"semi-detached dwellings".
4
Page 74 of 107
r) Part 3, Section 13.10, Rosenberg Secondary Plan, Subsection 13.10.3.3.3.1 is amended
by inserting the words "lodging houses" before "and low-rise multiple dwellings" and after
"townhouse dwellings".
s) Part 3, Section 13.10, Rosenberg Secondary Plan, Subsection 13
by inserting the words "lodging houses" before "townhouse and
after "including".
t) Part 3, Section 13.10, Rosenberg Secondary Plan, Subsection 13
by inserting the words "lodging houses" before "townhouse and
after "including".
u) Part 3, Section 13.10, Rosenberg Secondary Plan, Subsection 13
by inserting the words "lodging houses" before "townhouse and
after "may include".
.10.3.3.4.1 is amended
multiple dwellings" and
.10.3.3.5.1 is amended
multiple dwellings" and
.10.3.3.6.1 is amended
multiple dwellings" and
Page 75 of 107
APPENDIX 1— NOTICE OF PUBLIC MEETING
NOTIICE �O�F IIC MEETING
to change permissions, for lodging houses ....... .. .. . .
I -wi
Have Your Voice Heard
Plainning & Strateg)c Initiatives Committee
Date: October3 ,21 23
Location., Couincill Chambers,
Kitenor Cit y Hal I
Go to lkitobewig er.ca/meetings
and solect-
Current agendas and reports
(posted 10 daysbefore meed nig),
01 Appear as a Bele gathen
0 Mitch a Meet rig,
To learn, more aboot thi Iprpiect, indluding
The City of Ir dhener will consider an application for Official Pllain Amendments and
Zoning By-law Arnendirrients to, facifitate broader permissioris for lodgiing houses, as, a
form of Housing The sechart gesalign wiftiaction iternsfrorn Vous singfor, ll, Kitcheneirs,
housing strategy and will reirnove exclusionary regulations like minirnurn separation
distance rules frorn zoning,
Page 76 of 107
informatiorli or) your appea I rights, visit,
A13kk
www.kitclhn�erxa/
M�"i� 15
Pl/anningApplications
V
or contact:
Natalie Goss,
MIa n of Policy Et Research
("I I r'l es
nataHe.goss@kitdhen1er.ca
519341.2200 x7648
The City of Ir dhener will consider an application for Official Pllain Amendments and
Zoning By-law Arnendirrients to, facifitate broader permissioris for lodgiing houses, as, a
form of Housing The sechart gesalign wiftiaction iternsfrorn Vous singfor, ll, Kitcheneirs,
housing strategy and will reirnove exclusionary regulations like minirnurn separation
distance rules frorn zoning,
Page 76 of 107
APPENDIX 2 - MINUTES OF THE MEETING OF PLANNING AND STRATEGIC INITIATIVES COMMITTEE -
OCTOBER 30, 2023
Page 77 of 107
APPENDIX 3 - MINUTES OF THE MEETING OF CITY COUNCIL - DATE
Page 78 of 107
/_1►VAIA0101AIN101190rem IaEel 99Eel /_1wNA_1►1
OF THE CITY OF KITCHENER
CITY OF KITCHENER
City-wide Lodging House Review
Page 79 of 107
AMENDMENT NO. ## TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
Lodging House Review
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 October 30, 2023
APPENDIX 2 Minutes of the Meeting of the Planning & Strategic Initiatives
Committee of October 30, 2023
APPENDIX 3 Minutes of the Meeting of City Council DATE
2
Page 80 of 107
AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER
SECTION 1 — TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. ## to the Official Plan of the City of Kitchener.
This amendment is comprised of Sections 1 to 4 inclusive.
SECTION 2 — PURPOSE OF THE AMENDMENT
The Ontario Human Rights Commission (OHRC) has provided direction to all municipalities to remove
minimum separation distances from planning instruments as they pertain to lodging houses in order
to avoid `people zoning', remove impacts of exclusionary regulation imposed on tenants, and to protect
the safety and viability of lodging houses as a form of housing. The purpose of the Official Plan
Amendment is to address this direction of the OHRC by incorporating certain modifications to the text.
These modifications support the actions in Housing for All, the City's housing strategy which was
approved on December 14, 2020. The effect of the changes are to remove reference to a minimum
separation distance for lodging houses, remove exclusionary and discriminatory language and reduce
undue policy regulation regarding lodging houses.
SECTION 3 — BASIS OF THE AMENDMENT
The effect of the amendment is to incorporate certain modifications to the text of the Official Plan to
meet the direction of the Ontario Human Rights Commission, and to support the implementation of the
City's housing strategy, Housing for All as it pertains to lodging houses. This Official Plan amendment
is consistent with and conforms to the Provincial Policy Statement (2020), A Place to Grow: Growth
Plan for the Greater Golden Horseshoe (2020), the Region of Waterloo Official Plan (2009), and
represents good planning.
Land Use Modifications
City staff are recommending amendments to the housing section of the Official Plan to enable lodging
houses as a permitted use in all land use designations that permit residential uses.
SECTION 4—THE AMENDMENT
The City of Kitchener Official Plan is hereby amended as follows:
a) Part C, Section 4.C.1.32 is amended by deleting "Section 4.C.1.32" in its entirety and
replacing it with the following:
"The City will permit lodging houses in any land use designation permitting residential
uses, provided that full municipal servicing is available."
b) Part C, Section 4.C.1.33 is deleted in its entirety.
c) Part C, Section 4.C.1.34 is amended by adding "permit and" after "specifically" and before
"regulate".
d) Part C, Section 4.C.1.34 is amended by deleting "and the ability to integrate such housing
forms in an acceptable and appropriate manner" after "and safety regulations".
e) Part C, Section 4.C.1.35 is deleted in its entirety.
Page 81 of 107
f) Part C, Section 4.C.1.36 is deleted "Section 4.C.1.36" in its entirety.
g) Part F, Schedule A: Glossary of Terms is amended by deleting the glossary term "Lodging
House" and replacing it with the following:
"Lodging House — means a dwelling unit, where five or more persons, not including a
resident owner of the property, may rent a Lodging Units and where the kitchen and other
areas of the dwelling unit are shared amongst the persons occupying the dwelling unit.
Lodging house can include student residences but shall not include a group home;
hospital; any small residential care facility or large residential care facility licensed,
approved, or supervised under any general or specific Act; or a hotel."
4
Page 82 of 107
APPENDIX 1— NOTICE OF PUBLIC MEETING
NOTIICE �O�F IIC MEETING
to change permissions, for lodging houses ....... .. .. . .
I -wi
Have Your Voice Heard
Plainning & Strateg)c Initiatives Committee
Date: Onto ber 3, 2123
Location., Couincill Chambers,
Kitenor Cit y Hal I
Go to lkitobewig er.ca/meetings
and solect-
Current agendas and reports
(posted 10 daysbefore meed nig),
01 Appear as a Bele gathen
0 Mitch a Meet rig,
To learn, more aboot thi Iprpiect, indluding
The City of Ir dhener will consider an application for Official Pllain Amendments and
Zoning By-law Arnendirrients to, facilitate broader permissioris for lodgiing houses, as, a
form of Housing The sechangesalign wiftiaction iternsfrorn Vous singfor, ll, Kitcheneirs,
housing strategy and will reirnove exclusionary regulations like minirnurn separation
distance rules frorn zoning,
Page 83 of 107
informatiorli or) your appea I rights, visit,
A13kk
www.kitclhn�erxa/
M�"i� 15
Pl/anningApplications
V
or contact:
Natalie Goss,
MIa n of Policy Et Research
("I I r'l es
nataHe.goss@kitdhen1er.ca
519341.2200 x7648
The City of Ir dhener will consider an application for Official Pllain Amendments and
Zoning By-law Arnendirrients to, facilitate broader permissioris for lodgiing houses, as, a
form of Housing The sechangesalign wiftiaction iternsfrorn Vous singfor, ll, Kitcheneirs,
housing strategy and will reirnove exclusionary regulations like minirnurn separation
distance rules frorn zoning,
Page 83 of 107
APPENDIX 2 - MINUTES OF THE MEETING OF PLANNING AND STRATEGIC INITIATIVES COMMITTEE -
OCTOBER 30, 2023
Page 84 of 107
APPENDIX 3 - MINUTES OF THE MEETING OF CITY COUNCIL - DATE
Page 85 of 107
PROPOSED BY — LAW
, 2023
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 85-1, as amended, known as
the Zoning By-law for the City of Kitchener
- Lodging House Review)
WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
Section 4.2 of By-law 85-1 is hereby amended by deleting the portions of the below text
in the definition of "Household" with a strikethrough:
Household" shall mean one or more persons living together as a single non-profit
housekeeping unit, sharing all areas of the dwelling unit and may, in addition, be
designed to accommodate lodging units eentaining less than fEAAF Fesidents. (By-law 94-
1, S.5[d])"
2. Section 4.2 By-law 85-1 is hereby amended by deleting the definition of "Lodging House"
in its entirety and replacing thereto as follows:
Lodging House" shall mean a dwelling unit, where five or more persons, not including
a resident owner of the property, may rant a lodging unit and where the kitchen and
other areas of the dwelling unit are shared amongst the persons occupying the dwelling
unit. A lodging house can include student residences but shall not include a group home,
nursing home, hospital; or any residential care facility licensed, approved, or supervised
under any general or specific Act; or a hotel".
3. Section 5.17A of By-law 85-1 is hereby amended by adding the portions of the below
text in "Location of Lodging Houses" in grey, and deleting the portions of the below text
in "Location of Lodging Houses" with a strikethrough:
"LOCATION GF LODGING HOUSES
Page 86 of 107
A lodging house shall be connected to full municipal services."
4. Section 6.1.2 a), Off -Street Parking Schedule for All Zones Except Downtown Zones,
Column 2, of By-law 85-1 is hereby amended, as it pertains to Lodging House, by adding
the portions of the below text that are highlighted in grey, and deleting the portions of the
below text with a strikethrough:
"I fer eaGh 25.0 square metros of the fleer area deveted to ledging Units. -1 for each
Lodging House."
5. Section 6.1.2c) Off -Street Parking Schedule for Downtown Zones, Column 2, of By-law
85-1 is hereby amended, as it pertains to Lodging House, by adding the portions of the
below text that are highlighted in grey, and deleting the portions of the below text with a
strikethrough:
" . 0 for each Lodging House."
6. Section 7, Subsection 7.1 Permitted Uses of By-law 85-1 is hereby amended by adding
"Lodging House" after "Health Office" and before "Personal Services".
7. Section 7, Subsection 7.2 Regulations of By-law 85-1 is hereby amended by adding "and
Lodging Houses" after "Location of Dwelling Units".
8. Section 8, Subsection 8.1 Permitted Uses of By-law 85-1 is hereby amended by adding
"Lodging Houses" after "Health Office" and before "Office".
9. Section 8, Subsection 8.2 Regulations of By-law 85-1 is hereby amended by adding "and
Lodging Houses" after "Location of Dwelling Units".
10. Section 9, Subsection 9.1 Permitted Uses of By-law 85-1 is hereby amended by adding
"Lodging Houses" after Health Office" and before "Office".
11. Section 9, Subsection 9.2 Regulations of By-law 85-1 is hereby amended by adding "and
Lodging Houses" after "Location of Dwelling Units".
12. Section 10, Subsection 10.1 Permitted Uses of By-law 85-1 is hereby amended by
adding "Lodging Houses" after "Hotel" and before "Office".
13. Section 10, Subsection 10.2 Regulations of By-law 85-1 is hereby amended by adding
"and Lodging Houses" after "Location of Dwelling Units".
14. Section 11, Subsection 11.1 Permitted Uses of By-law 85-1 is hereby amended by
adding "Lodging Houses" after "Hotel" and before "Office".
Page 87 of 107
15. Section 11, Subsection 11.2 Regulations of By-law 85-1 is hereby amended by adding
"and Lodging Houses" after "Location of Dwelling Units".
16. Section 15, Subsection 15.1 Permitted Uses of By-law 85-1 is hereby amended by
adding "Lodging Houses" after Home Business" and before "Museum".
17. Section 16.2 of By-law 85-1 is hereby amended by deleting "Minimum Size of Lodging
House" and "9 lodging units".
18. Section 31, Subsection 31.1 Permitted Uses of By-law 85-1 is hereby amended by
adding "Lodging House" after "Hospice" and before "Private Home Day Care".
19. Section 31 of By-law 85-1 is hereby amended by adding Subsection 31.3.8, titled "For
Lodging Houses", after subsection 31.3.7 thereto as follows:
"In accordance with the regulations of the dwelling type in which the lodging house is
located."
20. Section 32, Subsection 32.1 Permitted Uses of By-law 85-1 is hereby amended by
adding "Lodging House" after "Hospice" and before "Multiple Dwelling".
21. Section 32, of By-law 85-1 is hereby amended by adding Subsection 32.3.12 titled "For
Lodging Houses", after subsection 32.3.11 thereto as follows:
"In accordance with the regulations of the dwelling type in which the lodging house is
located."
22. Section 35, Subsection 35.1 Permitted Uses of By-law 85-1 is hereby amended by
adding "Lodging Houses" after "Home Business" and before "Private Home Day Care".
23. Section 35 of By-law 85-1 is hereby amended by adding Subsection 35.6, titled "For
Lodging Houses", after subsection 35.5 thereto as follows:
"In accordance with the regulations of the dwelling type in which the lodging house is
located."
24. Section 36, Subsection 36.1 Permitted Uses of By-law 85-1 is hereby amended by
adding "Lodging Houses" after "Home Business" and before "Private Home Day Care".
25. Section 36 of By-law 85-1 is hereby amended by adding Subsection 36.2.5, titled "For
Lodging Houses", after subsection 36.2.4 thereto as follows:
"In accordance with the regulations of the dwelling type in which the lodging house is
located."
Page 88 of 107
26. Section 37, Subsection 37.1 Permitted Uses of By-law 85-1 is hereby amended by
adding "Lodging Houses" after "Home Business" and before "Private Home Day Care".
27. Section 37 of By-law 85-1 is hereby amended by adding a Subsection 37.2.5, titled "For
Lodging Houses", after subsection 37.2.4 thereto as follows:
"In accordance with the regulations of the dwelling type in which the lodging house is
located."
28. Section 38, Subsection 38.1 Permitted Uses of By-law 85-1 is hereby amended by
adding "Lodging Houses" after "Home Business" and before "Private Home Day Care"
29. Section 38 of By-law 85-1 is hereby amended by adding a Subsection 38.2.7, titled "For
Lodging Houses", after subsection 38.2.6 thereto as follows:
"In accordance with the regulations of the dwelling type in which the lodging house is
located."
30. Section 47A, Subsection 47A.1 Permitted Uses of By-law 85-1 is hereby amended by
adding "Lodging Houses" after "Home Business" and before "Medical Laboratory".
31. Section 47A of By-law 85-1 is hereby amended by adding Subsection 47A.3.7 titled "For
Lodging Houses", after subsection 47A.3.6 thereto as follows:
"In accordance with the regulations of the dwelling type in which the lodging house is
located."
32. Section 53, Subsection 53.2.2 of By-law 85-1 is hereby amended by deleting "and
Lodginq House havinq 9 residents or more" from the subsection title and adding
"and" before "Residential Care Facilities" and after "For Multiple Dwellings," in
subsection title.
33. Section 53, Subsection 53.2.2.3 of By-law 85-1 is hereby amended by deleting it in its
entirety and replacing it thereto as follows:
"For Lodging Houses"
In accordance with the regulations of the dwelling type in which the lodging house is
located".
34. Section 54, Subsection 54.2.2.2 of By-law 85-1 is hereby amended by deleting "and
Lodging House havinq 9 residents or more" from subsection title and adding "and"
before "Residential Care Facilities" and after "For Multiple Dwellings" in the subsection
title.
35. Section 54, Subsection 54.2.2.3 of By-law 85-1 is hereby amended by deleting it in its
entirety and replacing it thereto as follows:
Page 89 of 107
"For Lodging Houses"
In accordance with the regulations of the dwelling type in which the lodging house is
located".
36. Section 55, Subsection 55.2.2.2 of By-law 85-1 is hereby amended by deleting "and
Lodging House havinq 9 residents or more" from the subsection title and adding
"and" before "Residential Care Facilities" and after "For Multiple Dwellings" in the
subsection title.
37. Section 55, Subsection 55.2.2.3 of By-law 85-1 is hereby amended by deleting it in its
entirety and replacing it thereto as follows:
"For Lodging Houses"
In accordance with the regulations of the dwelling type in which the lodging house is
located".
38. This By-law shall become effective only if Official Plan Amendment No. XX (Lodging
House Review 1994 Official Plan Amendment) and Official Plan Amendment No. XX
(Lodging House Review 2014 Official Plan) come into effect, pursuant to Section 24(2) of
The Planning Act, R.S.O. 1990, c. P.13, as amended.
PASSED at the Council Chambers in the City of Kitchener this day of
, 2023.
Mayor
Clerk
Page 90 of 107
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
- Lodging House Review)
WHEREAS it is deemed expedient to amend By-law 2019-051 as it pertains to lodging
houses;
follows:
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
Section 3 of By-law 2019-051 is hereby amended by deleting the portions of the below
text in the definition of "Lodging House" with a strikethrough, thereto as follows:
Lodging House - means a dwelling unit where five or more persons, not including a
resident owner of the property, may rent a lodging unit and where the kitchen and other
areas of the dwelling unit are shared amongst the persons occupying the dwelling unit.
Lodging house can include student residences and GORVeRts but shall not include a
group home; hospital; any small residential care facility or large residential care facility
licensed, approved, or supervised under any general or specific Act; or a hotel."
2. Section 4.11 of By-law 2019-051 is hereby amended by adding the portions of the below
text in "Location of Lodging Houses" in grey, and deleting the portions of the below text
in "Location of Lodging Houses" with a strikethrough, thereto as follows:
"LOCATION -OF LODGING HOUSES
A lodging house shall be connected to full municipal services.
Page 91 of 107
3. Section 5 of By-law 2019-051 is hereby amended, as it pertains to lodging houses, by
adding the portions of the below text in "Table 5-5: Regulations for Minimum and
Maximum Parking Requirements" that are highlighted in grey, and deleting the portions
of the below text in "Table 5-5: Regulations for Minimum and Maximum Parking
Requirements" with a strikethrough thereto as follows:
Table 5-5: Regulations for Minimum and Maximum Parking Requirements
Use
Minimum and Maximum Required Rates for Parking Spaces,
COM -2
Visitor Parking Spaces, and Bicycle Parking Stalls
COM -4
Lodging House
UGC Zones
MIX Zones
All Other
Zones
RESIDENTIAL
Lodging
MonornurnT
No minimum
5.r2 (ZFA
-2 (:�€A
House;
r"44pg pac-
1 per lodging
1 per lodging
house
house
Minimum
parking
spaces:
Maximum �
$2�r+��€i4
4�2-G€A
43m�-G€A
4. Section 7 of By-law 2019-051 is hereby amended, as it pertains to lodging houses, by
adding the portions of the below text in "Table 7-1: Permitted Uses within the Residential
Zones" that are highlighted in grey, thereto as follows:
Table 7-1: Permitted Uses within the Residential Zones
Use RES -1 RES -2 RES -3 RES -4 RES -5 RES -6 RES -7
Residential Uses
Lodging House ✓ ✓ ✓ ✓ ✓ ,/ ✓
5. Section 9 of By-law 2019-051 is hereby amended, as it pertains to lodging houses, by
adding the portions of the below text in "Table 9-1: Permitted Uses within the
Commercial Zones" that are highlighted in grey, after "Light Repair Operation" and
before "Manufacturing" thereto as follows:
Table 9-1: Permitted Uses within the Commercial Zones
Use
COM -1
COM -2
COM -3
COM -4
Lodging House
J(3)
./(3)(4)
6. This By-law shall become effective only if Official Plan Amendment No. XX (Lodging
House Review 1994 Official Plan Amendment) and Official Plan Amendment No. XX
Page 92 of 107
(Lodging House Review 2014 Official Plan Amendment) come into effect, pursuant to
Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended.
2023.
PASSED at the Council Chambers in the City of Kitchener this day of
Mayor
Clerk
Page 93 of 107
Housing For All
Lodging House Sub -Committee Issues and Options Paper
October 2023
Page 94 of 107
Forward and Acknowledgement
This issues and options paper was co -created with the lodging house sub -committee
comprised of members of the City of Kitchener's Affordable Housing Advisory Committee with
support from city staff including Andrew Ramsaroop (former staff in Equity, Anti -Racism, and
Indigenous Initiatives Division), Karen Cooper (former staff in the Office of the CAO), and
Craig Dumart (Planning Division):
• Martin Asling — Member of the Public
• Regan Brusse — Member of the Public
• Linda Terry — Member of the Public
• Debbie Chapman — Member of Council.
This paper is meant to create a common understanding of the history of lodging houses within
the City of Kitchener, the role they play on the housing continuum, the issues they face and
opportunities the City can take to help ensure lodging houses can remain a viable housing
form, and advance the City's commitment to realizing the right to housing.
Sryo4terC,;,,�
a pn-
The opportunities outlined in this paper will be used to inform the work of City staff as the
lodging house policy review continues. Advancing this action will help the community move
closer to more equitable, diverse and inclusive housing options. It progresses the City's
strategic goal which is to create and foster a more caring community.
Page 95 of 107
Introduction
Lodging houses, also known as multi -tenant housing, and historically as boarding houses,
or rooming houses have long been a form of housing within Kitchener and many other urban
areas throughout Canada. They provide an affordable option for both short term and long-
term housing for a variety of income levels, and a variety of household types and are an
important part of the housing continuum. Typically, lodging homes have multiple rooms
within a singular building with shared amenity space, such as a shared kitchen, shared
washrooms, or other amenities. Their typology and design is diverse and they do not
necessarily have one form, and they do not necessarily have to be affordable but most often
are.
Housing for All, Kitchener's housing strategy has actions that will help increase housing
opportunities across the housing continuum. Updating the City's lodging house policies was
one action of over 40 endorsed by Kitchener City Council. This paper examines the current
state, issues and opportunities regarding lodging houses in the City of Kitchener and
proposes updates to policy and regulations for consideration.
Background
Municipalities have regulated the form and location of housing to prevent or reduce
perceived over- concentration of lodging houses and group homes and to "protect"
neighborhoods. Many cities implemented zoning and licensing restrictions and separation
requirements for these housing types and other social services.
CMHC commissioned reports that found that for cities in Ontario, zoning was the first tool
to regulate and control lodging houses followed by municipal licensing (CMHC, 2000; 2002;
Campsie, 2018). At issue is that these types of "dispersal" by-laws were intended to prevent
an overconcentration of lodging houses in certain neighbourhoods, but by implementing
these types of by-laws cities were portraying residents not as citizens but social problems
that require spatial solutions (Finkler and Grants, 2011; Campsie, 2018).
A part of the City of Kitchener's Cedar Hill Land Use and Social Environment Study official
plan and zoning by-law amendments were proposed that sought to limit the creation of new
lodging houses, residential care facilities or social service establishment within the Cedar
Hill neighbourhood. In 2010 the Ontario Municipal Board (OMB) ruled against the City of
Kitchener's Official Plan Amendment No. 58 because imposing by-laws that limit housing
availability for Code protected groups was discriminatory, an encroachment on human rights
and an overall in breach of planning principles (OHRC, 2013).
The City of Kitchener was one of four Ontario cities that were brought to the Human Rights
Tribunal of Ontario and challenged on minimum separation distances (MSD) and zoning
restrictions on group homes and supportive housing. The City subsequently removed the
MSD and restrictions for group homes as a result of the Tribunal's direction (OHRC, 2014).
While residential care facilities and social service establishment clearly serve Ontario
Human Rights Code -protected groups, lodging house residents are diverse, therefore
MSDs for lodging houses remained in effect.
Page 96 of 107
In October 2019, City of Kitchener planning staff brought forward report DSD -19-233— New
Zoning By-law (Stage 2a) — Residential Base Zones Comprehensive Review of the Zoning
By-law (CRoZBy) Project. City Council passed all of Planning staff's recommendations
including that the issue of regulation of lodging houses in the Official Plan and Zoning By-
law be referred to the Affordable Housing Strategy for further consideration.
In December 2020, as a part of report DSD -20-214 Council approved its housing strategy
titled, "Housing for All". One of the strategy's actions is to report on the feasibility and
implications of reviewing and updating current lodging house policies.
In March 2021, planning staff brought forward a consultant report and recommendations on
the Lower Doon Land Study as a part of report DSD -2021-11. One recommendation in the
consultant report was to allow lodging houses in all residential zones in Lower Doon and
subsequently revise the City's licensing by-law for Lodging Houses.
Relevant Policies
There are three municipal policies and by-laws that govern Lodging Houses within the City of
Kitchener:
• The City of Kitchener's Official Plan, 2014
• The City of Kitchener's Zoning By-law (85-1 and 2019-051)
• Kitchener's Business Licensing By-law Chapter 500 — Chapter 553 Lodging House
License of the Municipal Code
There are also multiple provincial policies and standards that govern lodging houses
within the City of Kitchener and either empower or supersede municipal policy, including:
• Human Rights Code, R.S.O. 1990, c.H.19
• Ontario Building Code, Building Code Act, 1992 (O.Reg. 332/12: Building Code)
• Ontario Fire Protection and Prevention Act, 1997 (O.Reg. 213/07: Fire Code)
• Planning Act, R.S.O. 1990, c.P.13
• Municipal Act, 2001, S.O. 2001, c.25
Lodging Houses within the City of Kitchener.
The City of Kitchener's Official Plan, 2014 currently defines lodging houses as:
Lodging House - a dwelling unit where four (4) or more persons may rent a room for sleeping
and where the kitchen and other areas of the dwelling unit are shared amongst the persons
occupying the dwelling unit.
The City of Kitchener's Zoning By-laws currently defines lodging houses as:
Zoning By-law 85-1
"Shall mean a dwelling unit or part thereof containing one or more lodging units designed to
accommodate four or more residents exclusive of the owner or primary occupant. The
residents may share common areas of the dwelling other than the lodging units, and do not
appear to function as a household. This shall not include a group home, nursing home,
Page 97 of 107
hospital or any residential care facility licensed, approved or supervised under any general or
specific Act or a hotel. This shall include, but not be limited to, student residences and
convents. (By-law 2003-163, S.7) (Amended: By-law 2012- 034, S.8)"
Zoning By-law 2019-051
"Means a dwelling unit where five or more persons, not including a resident owner of the
property, may rent a lodging unit and where the kitchen and other areas of the dwelling unit
are shared amongst the persons occupying the dwelling unit. Lodging houses can include
student residences and convents but shall not include a group home; hospital; and small
residential care facility or large residential care facility licensed, approved, or supervised
under any general or specific Act; or a hotel."
The City of Kitchener's Business Licensing By-law defines lodging houses as:
"means a dwelling or part thereof containing one or more lodging units which lodging units or
units are designed to accommodate four or more residents in total. The residents may share
common areas of the dwelling other than the lodging units, and do not appear to function as
a household. This shall not include a hotel, motel, group home, nursing home, hospital, or any
residential care facility licensed, approved, or supervised under any general or specific Act."
Currently within the City of Kitchener there are about 20 lodging houses that are licensed and
can be inspected annually for safety compliance. Anecdotally however, the majority of lodging
houses in the City are unlicensed and therefore are not regulated under the City's business
licensing bylaw. They currently exist in a variety of neighbourhoods both in the urban core
and in the surrounding residential suburbs, where current zoning regulations may not allow
them to become licensed.
The City only becomes aware of lodging houses through complaints, fire code violations or
bylaw infractions. This means the majority of lodging houses that are currently operating in
the City are not able to be inspected for safety, upkeep, and property maintenance. Further,
the residents of unlicensed lodging houses are at risk to be displaced due to their unlicensed
nature.
Key Issues and Opportunities
In Toronto, Maytree — a charitable foundation created to find solutions to poverty in Canada -
reported that over 100 Notices of Violations were issued in Toronto annually to operators by
Municipal Licensing and Standards only 7% were "based on habitability concerns, while 93%
were related to "non -permitted" or "no -license" charges" (Maytree, 2020). This infers that
enforcement is underutilized by tenants to support property maintenance standards and are
focused on displacement in response to complaints from the public.
There are a variety of factors for lodging houses being unlicensed:
• The City's current Official Plan includes policies suggesting that the Zoning By-law may
be used to determine where lodging houses should be permitted and that the use may
be subject to standards or location criteria including minimum separation distances.
The City's current Zoning Bylaws do not permit lodging houses as of right in all zoning
categories where other residential uses are permitted and also restricts them
geographically through minimum separation distances.
• The City's current Lodging House by-law permits lodging house licenses to be obtained
ONLY where a lodging house is permitted in zoning.
Page 98 of 107
Operators do not wish to go through the process of bringing lodging houses into
conformity with zoning and or licensing provisions.
The opportunities within this report will focus on what the City can do to help make lodging
houses a safe place to call home.
Key Issue 1: There is currently a minimum separation distance (MSD) for
Lodging Homes and Correctional Group Homes in the City of Kitchener.
There has been an arbitrary minimum separation distance requirement put in place for lodging
houses and correctional group homes in the City of Kitchener. This MSD is enforced through
the City of Kitchener Official Plan 2014 and the City's Zoning By-laws 85-1 and 2019-051.
This prevents another lodging house or correctional group home from being established in
the same neighbourhood as another and is a major impediment to ensuring an increase in
affordable housing and brining illegal lodging homes into legality.
The Ontario Human Rights Commission has advised all municipalities to eliminate minimum
separation distances. The OHRC states, "Minimum separation distances are basically
restrictions — and can adversely affect renters by restricting the options available to them.
Municipalities should consider incentives and ways to encourage affordable housing
throughout the municipality" (OHRC, 2013). Further, the OHRC states that MSDs are a form
of "people -zoning" which is illegal and discriminates against code -protected groups.
Opportunity 1.1: The City's Official Plan, 2014 be amended to remove references to
the minimum separation distances as it pertains to Lodging Houses
Opportunity 1.2: The City's Zoning By-law be amended to remove references to the
minimum separation distances as it pertains to Lodging Houses and Correctional
Group homes.
Opportunity 1.3: Through Housing For All, the City's first housing strategy and its
actions the city is undergoing a number of actions to encourage more housing
opportunities across all Wards and neighbourhoods in the city and across the housing
continuum.
Key Issue 2: Lodging Houses are currently only permitted in multi -unit residential zones
as -of -right in the current zoning by-law
The City of Kitchener is currently in the process of implementing a new comprehensive zoning
by-law. Currently By-law 85-1 governs zoning in the City as well, as the partially implemented
Zoning By-law 2019-051. In the residential zones of both zoning by-laws Lodging Houses are
only permitted in zones which are higher density residential zones. By only allowing lodging
homes in these zones as -of -right the policy does not allow lodging homes operating outside
of these zones to be legalized or licensed.
Further, the Ontario Human Rights Commission consistently recommends that lodging
houses be allowed as of right in all residential neighbourhoods. OHRC notes, "In limiting
lodging houses only to certain residential zones, the bylaw could have a discriminatory
impact". Further, in the Lower Doon land use study final report commissioned by the City of
Kitchener, the consultants recommended that lodging houses be permitted in all residential
zones in Lower Doon. Understanding that this regulation could not only be limited to Lower
Doon, the zoning by-law amendment would need to be a city-wide zoning by-law amendment
in order to mitigate any possible discriminatory impacts.
Page 99 of 107
Opportunity 2.1: Amend Zoning By-laws 85-1 and 2019-051 to allow lodging houses
as of right in all residential zones across the entire City of Kitchener as per the
recommendations and directions from OHRC.
Key Issue 3: There are misconceptions on `Who' lives in Lodging Houses, what role
lodging houses have in the housing continuum.
Lodging houses play a key role in providing a diverse range of housing in the city. They
provide an affordable housing option for those with lower income levels, single person
households, students and other groups. In a region where housing costs are rising at an
exponential rate, it is vital that we not only ensure we can make lodging houses safe places
to live but that we can encourage more lodging houses to become licensed and remove
barriers to increasing the uptake of lodging houses as a residential typology. This also
includes addressing the issue that most residents either have misconceptions on what lodging
houses look like, who lives there and how they contribute overall to healthy, diverse and strong
neighbourhoods.
Opportunity 3.1: Include lodging houses in the discussion, research, and potential
education/communication around NIMBYism through the work of The SHIFT.
Opportunity 3.2: Through Housing for All, there will be opportunities to engage people
with lived experience and with those who live within lodging houses through the lived
experience working group. There is the potential to include someone who either has
or currently lives in a lodging house to sit on the working group. Further, through the
Business Licensing Review, there is an opportunity to engage with people with lived
experience and multi -tenant housing advocates.
Key Issue 4: Shutting down Lodging Houses must continue to remain the very
last step. In order to avoid the displacement of tenants, more unregulated
lodging houses need to become licensed.
When lodging houses are shut down and disbanded, the tenants inside are left with very little
options. With asking rents out of reach for many, and a long Regional Housing waitlist,
residents become displaced, homeless, or unsheltered. The City has a coordinated approach
to dealing with by-law infractions which is a coordinated effort between By-law Enforcement,
Licensing Services and Fire. However, more can be done and should be done to incentivize
and make it easier to become a licensed lodging house. These changes start with permitting
lodging houses city-wide through zoning.
Further there are opportunities to promote and elevate landlords and operators who set a high
standard of maintenance and tenant relations as well as exploring systems that ensure
landlord compliance.
Table 1: Programs, incentives and policies to protect and increase the number of
licensed lodging houses
Municipality/Jurisdiction
Name/I ncentives/Pol icyType
City of Oshawa
Lodging House Demerit Point System
Compliance
Newtown, Australia
Boarding House Good Practice
Awards
Recognition
Page 100 of 107
Munici palit /Jurisdiction
Name/Incentives/Policy
Type
CMHC, 2001
Property tax reclassification to
Incentive
incentivize new stock, maintain the
existing stock and keep operators
active in the sector.
City of Toronto
Demolition and Rental Replacement
Replacement
These opportunities should be leveraged to prevent the disbanding of unlicensed lodging
houses, by giving them opportunities to become licensed. Kitchener is currently in the process
of updating it's Lodging House By-law. Through this review Kitchener should consider ways
to make the lodging house licensing process streamlined, more affordable, and easier for
owners, making it more appealing for owners to comply with updated rules for lodging houses.
Conclusion
Through the addressing the proposed opportunities, the City can help:
• Increase the number of licensed lodging houses and thereby help ensure safety of
residents.
• Encourage good landlord practices as they pertain to lodging houses.
• Help educate the general public on the key role lodging houses play on the housing
continuum.
• Improve the access to a diversity of housing types required to ensure the right to
housing.
• Ensure definitions are aligned, harmonized and complementary so that they are
straightforward to comply with, and
• Prevent loopholes in regulation and enforcement which would ultimately impact the
safety of tenants.
Page 101 of 107
NOTICE OF PUBLIC MEETING
to change permissions for lodging houses
city-wide
gip:. ii1.-wide
v ,
Have Your Voice Heard!
Planning & Strategic Initiatives Committee
Date: October 30, 2023
Location: Council Chambers,
Kitchener City Hall
200, King Street West
orV'irtual Zoom Fleeting
Go to kitchener.ca/meetings
and select:
• Current agendas and reports
(posted 10 days before meeting)
• Appear as a delegation
• Watch a meeting
To learn more about this project, including
information on your appeal rights, visit:
www.kitchenenca/
PlanningApplications
or contact:
Natalie Goss,
Manager of Policy Et Research
nataLie.goss@ kitchen er.ca
519.741.2200 x7648
The City of Kitchener will consider an application for Official Plan Amendments and
Zoning By-law Amendments to facilitate broader permissions for lodging houses as a
form of housing. These changes align with action items from Housing forAll, Kitchener's
housing strategy and will remove exclusionary regulations like minimum se aration
.
g g
distance rules from zoning. Page 102 of 107
Staff Report
J
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: June 3, 2024
SUBMITTED BY: Chris Spere, Director of Engineering, 519-741-2200 ext. 7412
PREPARED BY: Eric Riek, Project Manager, 519-741-2200 ext. 7330
WARD(S) INVOLVED: 4
DATE OF REPORT: April 29, 2024
REPORT NO.: DSD -2024-244
SUBJECT: Biehn Drive and Sanitary Trunk Sewer Environmental Assessment
Update
RECOMMENDATION:
That report DSD -2024-244 - Biehn Drive and Sanitary Trunk Sewer Environmental
Assessment Update be received as information.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide Council with a status update on the Biehn Drive
and Sanitary Trunk Sewer Environmental Assessment project.
• The key finding of this report is that additional studies are completed and updates to the
Environmental Study Report are currently being completed.
• The financial implications are no impact to Capital or Operating budgets.
• Community engagement includes one additional PIC scheduled for June 20, 2024.
• This report supports the delivery of core services.
BACKGROUND:
Since the mid -2000's the road network and municipal servicing for the Doon South and
Brigadoon areas of 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 future 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
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 103 of 107
network and to accommodate municipal services. The sanitary sewer network must connect
to Biehn Drive.
To determine the preferred alternative, 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 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.
On March 20th, 2023, Council passed the following resolution:
"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."
Additional transportation and geotechnical studies have now been completed and are being
integrated into the evaluation considerations.
REPORT:
After receiving direction from Council, Engineering Staff have completed the following
activities:
• Geotechnical Investigation — Proposed Trunk Sewer, Biehn Drive South Extension,
Cambium Inc., March 14,2024:
Six Boreholes installed August/September 2023. Three Boreholes converted
to monitoring wells to measure groundwater level fluctuation;
Preliminary findings: Soils appear suitable for trenchless installation of sanitary
sewer and watermain;
• Dewatering Assessment, Biehn Drive Extension, Cambium Inc., March 14, 2024;
o Confirmed EASR registration for installation of entry/receiving pits (trenchless
installation) would be required based on dewatering rates;
Page 104 of 107
• Doon South Community Area Transportation Study, Paradigm Transportation
Solutions Ltd., Feb. 28, 2024:
Under existing conditions, most intersections are operating at acceptable
levels;
Approximately 2,841 units remain to be built in Doon South and Brigadoon
areas;
Within the existing road network, Caryndale Drive continues to function as a
major collector and will continue to do so if Biehn Drive is not extended to
Robert Ferrie Drive extension;
Future extension of Robert Ferrie Drive to Strasburg Road and Strasburg
Road to New Dundee Road will help redistribute traffic volumes on Caryndale
Drive;
Extension of Biehn Drive to Robert Ferrie Drive is justified to provide a
diversion route around Caryndale drive corridor for residents living on and
adjacent to Biehn Drive and to ensure Caryndale Drive better serves its
function as a minor collector based on existing design details (traffic calming
and presence of schools in the corridor);
• Evaluation criteria is being updated based on the results of the additional studies
• Refinement of Alternative 4 to remove maintenance access path through wetland and
include improvements such as traffic calming and multi -use trails along Caryndale
Drive corridor.
In addition to these activities, on January 25, 2024 after a two year suspension, formal
Endangered Species Act (ESA) protections for Black Ash (tree) commenced with new rules
for protection of the species. There were approximately 21 confirmed candidate Black Ash
trees within the proposed future road allowance. Due to these legislative changes, additional
updates are being incorporated into the evaluation considerations.
One additional public consultation (PIC) will take place to present findings of updated
studies; this PIC is scheduled to take place June 20, 2024 at Brigadoon Public School.
Staff require additional time and will present final updated Biehn Drive and Trunk Sanitary
Sewer Extension Class Environmental Assessment -Environmental Study Report and
preferred alternative to Council on September 16, 2024.
Sufficient budget remains to complete the outstanding tasks mentioned above.
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 Capital Budget.
Page 105 of 107
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
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 scheduled for June 20th, 2024, to present the
updated studies and changes to report.
PREVIOUS REPORTS/AUTHORITIES:
• DSD -2022-188 Biehn Drive and
Assessment
• DSD -2023-096
Assessment
Biehn Drive and
Sanitary Trunk Sewer Environmental
Sanitary Trunk Sewer Environmental
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: `7n order to continue improving
the traffic and transportation needs in the Brigadoon and Doon South communities the
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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
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: N/A
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