HomeMy WebLinkAboutCouncil Agenda - 2024-06-24Council Meeting Agenda
Monday, June 24, 2024, 1:30 p.m.
Council Chambers - Hybrid
City of Kitchener
200 King Street W, Kitchener, ON N2G 4G7
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Pages
1. COMMENCEMENT
The Council meeting will begin immediately following the Special Council
meeting at approximately 1:30 p.m.
The meeting will begin with a Land Acknowledgement given by the Mayor and
the singing of "O Canada."
NOTE: Council is expected to recess at approximately 4:30 p.m. Pending the
completion of the agenda, the meeting may need to reconvene at approximately
6:30 p.m. to complete the balance of the items.
1.1 Moment of Silence - Former Mayor Morley Rosenberg
A Moment of Silence in Memory of Former Mayor Morley Rosenberg.
2. MINUTES FOR APPROVAL
Minutes to be accepted as circulated to the Mayor and Councillors (regular
meeting held May 27, 2024, and special meetings held May 13, May 27, June 3,
June 13 and June 17, 2024) - Councillor M. Johnston.
3.
4.
5.
1 -
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.
COMMUNICATIONS REFERRED TO FILE
4.1 Flag Request Under Policy MUN-FAC-442
4.1.a Sai Mandir - Aug 15 - 22, 2024
4.1.b Nigerians in the Region of Waterloo - Oct 1 - 7, 2024
PRESENTATIONS
5.1 National Excellence in Service Delivery Award
5.1.a Jana Miller, Director, Corporate Customer Service, City of Kitchener
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 11:30 a.m. on June 24, 2024, in order to participate electronically.
6.1 Item 12.2.a - Strategic Plan 2019-2022 — Compass Kitchener 2023
Report Card
6.1.a Judy Stephens -Wells and Troy Glover, Compass Kitchener Advisory
Committee
6.2 Item 7.1.b - Notice of Intention to Demolish and 7.1.c - Heritage
Conservation Agreement - 236 Gehl Place
6.2.a Vaughn Bender, Schlegel Urban Developments
6.3 Item 7.3.c - Shared Accommodation By-law, COR -2024-233 and
Addendum Report COR -2024-288
6.3.a Dawn Clelland
6.3.b Alyssa Clelland
6.3.c Anne Lavender
7. REPORTS OF COMMITTEES
7.1 HERITAGE KITCHENER - JUNE 11, 2024
19
Page 2 of 198
7.1.a Heritage Permit Application HPA-2024-V-009, 36 Lancaster Street
East, Demolition and Reconstruction of Rear Addition, DSD -2024-217
That pursuant to Section 42 of the Ontario Heritage Act, Heritage
Permit Application HPA-2024-V-009 be approved, as outlined in
Development Services Department report DSD -2024-217, to permit
the demolition of the fire damaged rear addition and reconstruction of
the rear addition on the property municipally addressed as 36
Lancaster Street East, in accordance with the supplementary
information submitted with the application, subject to the following
condition:
1. That the final building permit drawings be reviewed and
heritage clearance provided by Heritage Planning staff prior
to the issuance of the required building permit.
7.1.b Notice of Intention to Demolish (Partial) - 236 Gehl Place, DSD -2024-
243
That, in accordance with Section 27(3) of the Ontario Heritage Act,
the Notice of Intention to Demolish (Partial) received on April 26,
2024, regarding the circa 1920-1930 addition and the two circa 1960
additions located on the property municipally addressed as 236 Gehl
Place, be received for information and that the notice period run its
course, as outlined in Development Service Department report DSD -
2024 -243.
7.1.c Heritage Conservation Agreement - 236 Gehl Place - Ontario Heritage
Act, Report and Internal Memo, DSD -2024-261
That pursuant to Section 37(1) of the Ontario Heritage Act, City
Council authorize the entering into of a heritage conservation
covenant or easement agreement with the owner of the property
municipally addressed as 236 Gehl Place, as described in
Development Services Department report DSD -2024-261, in a form
and content satisfactory to the City Solicitor and the City's Director of
Development and Housing Approvals; and further,
That the draft by-law dated June 10, 2024 attached to Development
Services Department Internal memo dated June 7, 2024 as Appendix
`A', to allow the City to enter into a heritage conservation covenant or
easement agreement with the owner of the lands described as LT 144
GERMAN COMPANY TRACT KITCHENER; PT LT 143 GERMAN
COMPANY TRACT KITCHENER AS IN 368142, T/W 368142
PARTIALLY RELEASED BY WR154625; KITCHENER (being all of
PIN 22728-0027 (LT)), and currently municipally addressed as 236
Gehl Place, for the conservation of the log house, be adopted.
Page 3 of 198
7.1.d Notice of Intention to Designate - 56 Duke Street West under Part IV
of the Ontario Heritage Act, DSD -2024-242
That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be
directed to publish a Notice of Intention to Designate the property
municipally addressed as 56 Duke Street West as being of cultural
heritage value or interest, as outlined in Development Service
Department report DSD -2024-242.
7.1.e Notice of Intention to Designate- 11-15 Pandora Avenue North under
Part IV of the Ontario Heritage Act, DSD -2024-247
That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be
directed to publish a Notice of Intention to Designate the property
municipally addressed as 11-15 Pandora Avenue North as being of
cultural heritage value or interest, as outlined in Development
Services Department report DSD -2024-247.
7.2 FINANCE AND CORPORATE SERVICES COMMITTEE - JUNE 13,
2024
7.2.a Increase to Purchase Order 213285 - Dundee North Secondary Plan,
DSD -2024-254
That Purchase Order 213285 — Dundee North Secondary Plan, be
increased in the amount $150,000, plus HST of $19,500, for a total of
$169,500, as outlined in Development Services Department report
DSD -2024-254.
7.2.b 2025 Budget Process and Timelines, FIN -2024-285
That the 2025 budget timelines outlined in Financial Services
Department report FIN -2024-285 be approved; and further,
That Council shorten the 30 -day period that Council may pass a
resolution making an amendment to the Mayor's proposed budget to
coincide with the completion of the meeting scheduled on December
12, 2024.
7.2.c Sign Bylaw Amendment Application SVA2023-009, 1495 Victoria
Street North, DSD -2024-204
That Sign By-law Amendment Application SVA2023-009 related to
1495 Victoria Street North for Zdeno Cycle for the purpose of allowing
a billboard sign with automatic changing copy to replace the existing
billboard sign without automatic changing copy, as outlined in
Development Services report DSD -2024-204, be approved, subject to
the following conditions:
1. That the luminance of the digital billboard sign shall not
Page 4 of 198
exceed 3000 nits between sunrise and sunset, and 150 nits
between sunset and sunrise; and,
2. That the Illuminance shall be measured with the digital screen
turned off and again with the digital screen displaying a white
image. The difference between the off and white image,
measured vertically (parallel to the sign face) shall not exceed
0.3 footcandles at any point along the street line or measured
a distance of 10 metres from the sign face from an abutting
property; and,
3. That the digital billboard sign shall be equipped with a sensor
or other device that automatically determines the ambient
illumination and shall be programmed to automatically dim
according to ambient light conditions; and,
4. That the digital billboard sign be turned off between the hours
of 12 a.m. and 6 a.m.; and,
5. That the digital billboard sign have a front yard setback of 5.0
metres rather than the required 6.0 metres; and further,
6. That the digital billboard sign shall not exceed 20.24 square
metres in sign area.
7.2.d Bramm Yards Master Plan Visioning, DSD -2024-240
That the revised vision and development principles for the Bramm
Yards Master Plan be approved, as outlined in Development Services
Department DSD -2024-240; and,
That up to $400,000 from the Environmental Remediation Reserve be
allocated to support the completion of necessary pre -design reports
for the redevelopment of Bramm Yards (55 Bramm Street and 130
Park Street); and,
That Staff be directed to undertake a market assessment to determine
the appropriate timing to proceed with the disposition of the Bramm
Yards, and to identify any potential development limitations, in order
to maximize the likelihood of a successful redevelopment process, for
Council consideration; and,
That Procurement Services and Realty Services be authorized to
implement a competitive land disposition process, based on the vision
and development principles approved as part of Development
Services Department report DSD -2024-240, through the issuance of a
public request for proposals (RFP) seeking a Master Developer who
would acquire the Bramm Yards and lead a multi -phased
redevelopment of the property; and,
That Staff be directed to provide additional information at the June 24,
Page 5 of 198
2024 Council meeting regarding a rating criteria for the assessment of
Request for Proposals (RFP) related to the Bramm Yards land
disposition process; and further;
That Staff be directed to solicit the participation of University of
Waterloo in the market assessment analysis of the Bramm Yards site.
7.3 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - JUNE 3,
2024
7.3.a Culture and Entertainment - Delegated Authority for Talent Purchases
and Agreements, DSD -2024-259
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 Development Services Department report 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 staff report DSD -
2024 -259, with said agreements to be to the satisfaction of the City
Solicitor.
7.3.b Cycling and Trails Master Plan Spot Fixes, DSD -2024-154
That staff be directed to implement the proposed 2024 Cycling and
Trails Master Plan spot fixes as described in Development Services
Department report 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.
7.3.c Shared Accommodation By-law, COR -2024-233 and Addendum 33
Report COR -2024-288, COR -2024-288
Page 6 of 198
That the following recommendation outlined in Corporate Services
Department report, COR -2024-233 be referred to the June 24, 2024
Council meeting to allow staff the opportunity to provide further
information related to matters raised by the Committee at the June 3,
2024 Planning and Strategic Initiatives Committee meeting:
"That the new Shared Accommodation By-law be approved in
the form shown attached to Corporate Services Department
report COR -2024-233 as Appendix "A"; and,
That the fees set out in Appendix "B" of staff report COR -2024-
233 be approved; and,
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 further,
That the purchase of Granicus host compliance software to
assist with ongoing monitoring and enforcement of short-term
rental platforms be approved.
Note: An addendum report, Corporate Services Department report
COR -2024-288 has been included on the agenda this date, related to
this matter.
7.3.d Supplemental Report to DSD -2023-446, City-wide Lodging House
Review, DSD -2024-249
That the following recommendation outlined Development Services
Department report, DSD -2024-249 be referred to the June 24, 2024
Council meeting to allow staff the opportunity to provide further
information related matters raised by the Committee at the June 3,
2024 Planning and Strategic Initiatives Committee meeting:
"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 Development Services Department
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/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
staff report DSD -2023-446 as Attachment 'C' and Attachment `D'
Page 7 of 198
respectively."
7.4 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - JUNE 17,
2024
7.4.a Draft Plan of Condominium Application (Vacant Land), 30CDM-24204,
20 Ottawa Street North, 20 Ottawa GP Inc, DSD -2024-256
That the City of Kitchener, pursuant to Section 51(31) of the Planning
Act R.S.O. 1990, c.P.13, as amended, By-law 2023-103, hereby
grants draft approval to Draft Plan of Condominium Application
30CDM-24204 for 20 Ottawa Street North in the City of Kitchener,
subject to the conditions as shown in Appendix `A' of Development
Services Department report DSD -2024-256.
7.4.b Zoning By-law Amendment Application ZBA24/009/J/TS, 179 Jansen
Avenue, 100589420 Ontario Inc., DSD -2024-251
That Zoning By-law Amendment Application ZBA24/009/J/TS
requesting to amend Zoning By-law 2019-051, for 100589420 Ontario
Inc. for the property municipally addressed as 179 Jansen Avenue, be
approved in the form shown in the Proposed `Proposed By-law' and
`Map No. 1' attached to Development Services Department report
DSD -2024-251 as Attachment `A'.
7.4.c Lived Expertise Working Group Next Steps, DSD -2024-277
That the Lived Expertise Working Group pilot be extended to June
2026, as outlined in Development Services Department report DSD -
2024 -277, and be resourced by City staff to allow for the continued
implementation of Kitchener's Housing for All Strategy and a
continued lived expert's lens on the Official Plan project.
7.4.d Rental Replacement By-law, DSD -2024-282
That the proposed Rental Replacement By-law, be approved in the
form shown in Attachment `A' to report Development Services
Department report DSD -2024-282; and,
That City initiated Official Plan Amendment OPA24/007/K/NG, for the
purposes of administering a Rental Replacement By-law, be adopted
in the form shown in the Official Plan Amendment attached to Report
DSD -2024-282 as Attachment 'C', and accordingly forwarded to the
Region of Waterloo for approval; and,
That By-law 2013-093, being Chapter 620 — Demolition Control of the
Municipal Code, be amended by the "Proposed By-law" attached to
Report DSD -2024-282 as Appendix `D', to enable the administration
of a Rental Replacement By-law; and,
Page 8 of 198
That staff be directed to continue to work towards a tenant assistance
policy as outlined in Kitchener's Housing for All Strategy; and further,
That staff be directed to report come back in June 2025 reviewing
impacts of the By-law thus far and to provide a further updates on any
other "renovictions" By-laws within Ontario.
8. UNFINISHED BUSINESS
9. NEW BUSINESS
9.1 - MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC
9.2 Notice of Motion - J. Deneault - Automated External Defibrillators
(AED's)
Councillor J. Deneault has given notice to introduce the following motion
for consideration this date:
"Whereas the Heart and Stroke Foundation of Canada estimates
60,000 people suffer an out-of-hospital cardiac arrest in Canada
each year, and 9 out of 10 of those cardiac arrests result in death,
and;
Whereas rates of survival from an out-of-hospital cardiac arrest
can double if fast action is taken through a combination of CPR
and the use of an Automated External Defibrillator (AED), and;
Whereas the Heart and Stroke Foundation of Canada encourages
governments at all levels to pass legislation, policies and
guidelines to protect and strengthen public access to AEDs, and;
Whereas the City of Kitchener has installed over 40 AEDs in City -
owned facilities (e.g. arenas, pools, community centres, City Hall,
Kitchener Operations Facility) for use by employees or members
of the public when needed.
Therefore, be it resolved that Kitchener City Council calls on the
Government of Ontario to require the installation of Automated
External Defibrillators (AEDs) in all workplaces within Ontario with
50 or more employees (or another suitable number as determined
by the province), and
Be it further resolved that a copy of this motion be forwarded to the
Premier of Ontario, the Minister of Municipal Affairs and Housing,
area Members of Provincial Parliament, municipal and regional
councils within Waterloo Region and the Association of
Municipalities of Ontario."
Page 9 of 198
9.3 Notice of Motion - D. Schnider - Arts Funding
Councillor D. Schnider has given notice to introduce the following
motion for consideration this date:
"WHEREAS Kitchener City Council has committed, through its
Make It Kitchener 2.0 Strategy and 2023-2026 Strategic Plan, to a
new arts and culture plan to provide public artists and
organizations with the necessary resources to support a thriving
local arts community; and,
WHEREAS the Canada Council for the Arts, Canada's national
public arts funder, provides funding allocations through a national
competitive assessment model; and,
WHEREAS the Canada Council for the Arts received significant
funding amounting to $75 million from the Department of Canadian
Heritage in Budget 2021, which is now proposed to be reduced
incrementally over three years following the cuts in Budget 2023:
by $3.63 million in 2024-25, $7.33 million in 2025-26, and $9.88
million in 2026-27 and onwards; and,
WHEREAS the Kitchener -Cambridge -Waterloo area received
$3.39 per capita in funding from the Canada Council for the Arts in
2022-2023, compared to Montreal, Winnipeg, and Vancouver who
received an average of $18.30 per capita; and,
WHEREAS artists and arts organizations in Kitchener face
significant regional disparity and ongoing financial challenges
amidst reduced government funding;
THEREFORE BE IT RESOLVED that Kitchener City Council
request the Department of Canadian Heritage to increase funding
to the Canada Council for the Arts, and to amend the Canada
Council for the Arts Act to mandate a regional development
agency funding model;
THEREFORE BE IT FINALLY RESOLVED THAT letters of
support for these changes be sent to the Honourable Pascale St-
Onge, Minister of Canadian Heritage and Members of Parliament
for the Waterloo region."
9.4 Notice of Motion - D. Chapman - Renoviction Legislation Request
Councillor D. Chapman has given notice to introduce the following
motion for consideration this date:
"WHEREAS safe and adequate housing is recognized as a
Page 10 of 198
fundamental human right by the Federal Government, whose
effect as a major social determinant of health and wellbeing goes
well beyond a basic requirement for shelter; and,
WHEREAS Kitchener's housing situation has dramatically shifted
since 2016, a Housing Needs Assessment demonstrating the
average price for a house increased by 104% between 2009 to
2019, with the greatest increase since 2016, and rents increased
by an average of 41 %; and,
WHEREAS the City is experiencing a gap in the provision of
housing, in particular the need for 450 units of supportive housing,
over 5,000 units of community housing and 9,300 units of
affordable rental housing to address the gaps in the existing
supply; and,
WHEREAS the City of Kitchener has adopted "Housing for All —
The City of Kitchener's Housing Strategy" demonstrating a
commitment to realizing the right to housing locally and addressing
the housing crisis within the municipality; and,
WHEREAS landlords and investors are adding to the strain on the
housing supply through the unscrupulous act of "Renovictions" by
claiming they are completing major renovations and evicting and
displacing existing tenants, and subsequently raising rents which
affects those generally identified as lower income earners and
their ability to find safe, adequate and affordable housing; and,
WHEREAS citizens and communities are hurt by these practices
which can and does directly impact the housing and
homelessness crisis, as well as inflict damage and trauma (both
financially and mentally) particularly on our most vulnerable
citizens;
WHEREAS the City of Kitchener adopted a resolution on October
18, 2021 lobbying the Province of Ontario to take additional and
meaningful steps to address the ever-increasing problem of
"Renovictions";
WHEREAS the City of Kitchener is trying to take meaningful steps
to help address the issue with the legislated tools available to
municipalities including adopting Inclusionary Zoning By-law and a
Rental Replacement By-law;
THEREFORE IT BE RESOLVED that the City of Kitchener
supports the resolution adopted by the City of Toronto to urge the
Province of Ontario to proclaim and bring into force Bill 97, Helping
Page 11 of 198
Homebuyers, Protecting Tenants Act, 2023, and/or related
regulations to:
a. require that when landlords provide a notice to terminate a
tenancy for repairs or renovations, that it be accompanied by
a report from a qualified person confirming that the
renovations/repairs are so extensive that they require vacant
possession of the rental unit. A qualified person should
include someone with professional qualifications who is
licensed and required to meet professional and ethical
obligations under provincial legislation (e.g. architects and
professional engineers);
b. require landlords to provide tenants who have provided
notice that they wish to have a right of first refusal to return
to the unit with written notice of the estimated completion
date, any changes to this date, and final notification once the
renovations/repairs are completed;
c. require landlords to provide tenants with a grace period of
at least 60 days after the rental unit is ready for occupancy,
to allow tenants to move back in and provide the required
60 -day notice to end their tenancy in their temporary
accommodation; and
d. allow tenants whose landlords fail to provide the required
written notices, the grace period and/or the right of first
refusal to apply to the Landlord and Tenant Board (LTB) for
a remedy until the later of two years after the tenant moved
out or six months after renovations/repairs are completed;
THEREFORE IT FURTHER BE RESOLVED that the City of
Kitchener supports the resolution adopted by the City of Toronto to
request to the Province of Ontario to amend the Residential
Tenancies Act, 2006, and/or related regulations to:
a. reintroduce vacancy control legislation which ties rents to
residential units rather than tenancies;
b. introduce rent control to cover units first occupied after
November 15, 2018;
c. require landlords of residential units to be responsible for
finding temporary accommodation or provide sufficient
relocation assistance for their tenants for the duration of the
renovations if tenants intend to return post-
repair/renovation;
Page 12 of 198
d. require landlords to obtain a building permit before issuing
an N13 notice of termination, provide a copy of the
applicable permit to tenants together with any N13 notice of
termination, require evidence that the permit was delivered
with the N13 notice of termination as part of any L2
application to end a tenancy filed on that basis, and require
the approved permit be provided to the LTB as part of any L2
application to end a tenancy filed on the basis of an N13
notice of termination;
e. provide the same rights and compensation afforded to
tenants in buildings with five (5) or more units to those in
buildings with less than five (5) units;
f. increase the required compensation for tenants in no-fault
evictions;
g. remove ex parte eviction orders for breached repayment
agreements;
h. require landlords to attach a plain -language tenants' rights
information package to N13 eviction notices (similar to the
City of Toronto's Eviction Prevention Handbook);
i. regulate N11s and buy-out agreements; and
j. amend Above Guideline Increase (AGI) rules to eliminate
the eligibility of capital expenditures that constitute general
repair and maintenance of the property; add a new
subsection requiring landlords to save 10 percent of rental
income to be accessed for capital expenditures; and require
landlords to notify tenants of the decrease in advance of the
date when rent is required to be reduced as specified in an
order permitting an AGI related to eligible capital expenses;
THEREFORE BE IT FURTHER RESOLVED that the City of
Kitchener supports the resolution adopted by the City of Toronto to
urge to the Province of Ontario to make the following operational
changes to the Landlord Tenant Tribunal (LTB):
a. allow tenants the right to in-person LTB hearings to
eliminate technological barriers for individuals who do not
have access to digital devices or reliable internet
connection;
b. simplify LTB notices with plain language so they are easily
understood and ensure all forms include a tracking number
Page 13 of 198
that is linked to a public registry; and
c. establish a provincial rental registry that tracks building
ownership, rental rates, AGIs and their expiry dates, and
LTB eviction filings and their outcomes; and monitor data on
N12 and N13 evictions.
THEREFORE BE IT FINALLY BE RESOLVED that a copy of this
motion be sent to the Association of Municipalities of Ontario, the
Premier of Ontario, the Ministry of Municipal Affairs and housing,
all other municipalities within Ontario, the Region of Waterloo and
other Municipalities for their consideration and possible
endorsement."
10. QUESTIONS AND ANSWERS
11. BY-LAWS
11.1 1ST AND 2ND READING
11.1.a Being a by-law to designate the property municipally addressed as
33 Eby Street South, in the City of Kitchener as being of historic and
cultural heritage value or interest.
11.1.b Being a by-law to designate the property municipally addressed as
72 Victoria Street South, in the City of Kitchener as being of historic
and cultural heritage value or interest.
11.1.c To further amend By-law No. 2019-113, being a by-law to regulate
traffic and parking on highways under the jurisdiction of the
Corporation of the City of Kitchener.
11.1.d Being a by law to provide for the establishing and laying out of part of
Stauffer Woods Trail as public highway in the City of Kitchener.
11.1.e Being a by-law to amend By-law 2022-091 to extend the time period
for exemption from Part Lot Control — Part of Blocks 191 and 192,
Registered Plan 58M-682 — Grassbourne Avenue and Broadacre
Drive.
11.1.f To further amend By-law No. 2008-117, being a by-law to authorize
certain on -street and off-street parking of vehicles for use by persons
with a disability, and the issuing of permits in respect thereof.
11.1.g To further amend By-law No. 88-171, being a by-law to designate
private roadways as fire routes and to prohibit parking thereon.
11.1.h Being a by-law to amend Chapter 110 of The City of Kitchener
Municipal Code regarding By-law Enforcement.
11.1.i To further amend By-law No. 2010-190, being a by-law to prohibit
unauthorized parking of motor vehicles on private property.
11.1.j To confirm all actions and proceedings of the Council for June 24,
Page 14 of 198
12
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11.2 LATE STARTER BY-LAWS TO BE ADDED TO THE AGENDA,
PENDING APPROVAL OF THE REPORTS OF THE COMMITTEES
11.2.a Being a by-law to allow the City to enter into a heritage covenant or
easement agreement with the owner of 236 Gehl Place, Kitchener for
the conservation of a log house.
11.2.b Being a by-law to amend Chapter 680 of The City of Kitchener
Municipal Code with respect to Signs.
11.2.c By-law to Provide for the Licensing and Regulation of Shared
Accommodations in the City of Kitchener.
11.2.d Being a by-law to amend By-law 2019-051, as amended, known as
the Zoning By-law for the City of Kitchener — 1000589420 Ontario
Inc. — 179 Jansen Avenue.
11.2.e Being a by-law to adopt Amendment No. 56 to the Official Plan -
Rental Replacement By-law Implementation
11.2.f Being a by-law to amend Chapter 620 of The City of Kitchener
Municipal Code with respect to Demolition Control.
11.2.g Being a by-law to establish a Rental Replacement By-law.
11.2.h Being a by-law to Adopt Amendment No. 34 to the Official Plan —
City -Wide Lodging House Review.
11.2.1 Being a by-law to Adopt Amendment No. 132 to the Official Plan —
City -Wide Lodging House Review.
11.2.j Being a by-law to amend By-law 85-1, as amended, known as the
Zoning By-law for the City of Kitchener — City -Wide Lodging House
Review.
11.2.k Being a by-law to amend By-law 2019-051, as amended, know as
the Zoning By-law for the City of Kitchener — City -Wide Lodging
House Review.
COMMITTEE OF THE WHOLE
12.1 ADMINISTRATIVE REPORTS
12.1.a Development Charges Exemption for Affordable Housing, FIN -2024-
279
12.1.b Appointment of Licensing Appeal Tribunal Members, COR -2024-286
12.1.c Objection to Notice of Intention to Designate - 91 Madison Avenue
South, DSD -2024-290
12.1.d Canada Community -Building Fund Municipal Funding Agreement,
FIN -2024-302
68
71
74
94
Page 15 of 198
13.
14.
12.1.e Alcohol Consumption in City Parks Pilot, INS -2024-306 97
12.2 FOR INFORMATION
12.2.a Strategic Plan 2019-2022 — Compass Kitchener 2023 Report Card, 102
CAO -2024-305
12.2.b 2023 Grants Summary, FIN -2024-298 125
12.2.c 2023 Development Charge Reserve Fund Report, FIN -2024-192 129
12.2.d 2024 Inventory of Existing Agreements and Contracts, COR -2024- 140
309
12.2.e Growing Together East (Major Transit Station Area Land Use and 162
Zoning Framework) - Project Launch, DSD -2024-237
12.2.f Quarterly Report 02, DSD -2024-266, DSD -2024-266 167
12.2.g Summary of Bid Solicitations Approved by the Chief Purchasing 195
Officer (Jan 1, 2024 — Mar 31, 2024), FIN -2024-287
REPORT OF THE COMMITTEE OF THE WHOLE
BY-LAWS
14.1 3RD READING
14.1.a Being a by-law to designate the property municipally addressed as
33 Eby Street South, in the City of Kitchener as being of historic and
cultural heritage value or interest.
(By-law 2024-117)
14.1.b Being a by-law to designate the property municipally addressed as
72 Victoria Street South, in the City of Kitchener as being of historic
and cultural heritage value or interest.
(By-law 2024-118)
14.1.c To further amend By-law No. 2019-113, being a by-law to regulate
traffic and parking on highways under the jurisdiction of the
Corporation of the City of Kitchener.
(By-law 2024-119)
14.1.d Being a by law to provide for the establishing and laying out of part of
Stauffer Woods Trail as public highway in the City of Kitchener.
(By-law 2024-120)
14.1.e Being a by-law to amend By-law 2022-091 to extend the time period
for exemption from Part Lot Control — Part of Blocks 191 and 192,
Registered Plan 58M-682 — Grassbourne Avenue and Broadacre
Drive.
Page 16 of 198
(By-law 2024-121)
14.1.f To further amend By-law No. 2008-117, being a by-law to authorize
certain on -street and off-street parking of vehicles for use by persons
with a disability, and the issuing of permits in respect thereof.
(By-law 2024-122)
14.1.g To further amend By-law No. 88-171, being a by-law to designate
private roadways as fire routes and to prohibit parking thereon.
(By-law 2024-123)
14.1.h Being a by-law to amend Chapter 110 of The City of Kitchener
Municipal Code regarding By-law Enforcement.
(By-law 2024-124)
14.1.1 To further amend By-law No. 2010-190, being a by-law to prohibit
unauthorized parking of motor vehicles on private property.
(By-law 2024-125)
14.1.j To confirm all actions and proceedings of the Council for June 24,
2024.
(By-law 2024-137)
14.2 LATE STARTER BY-LAWS TO BE ADDED TO THE AGENDA,
PENDING APPROVAL OF THE REPORTS OF THE COMMITTEES
14.2.a Being a by-law to allow the City to enter into a heritage covenant or
easement agreement with the owner of 236 Gehl Place, Kitchener for
the conservation of a log house.
(By-law 2024-126)
14.2.b Being a by-law to amend Chapter 680 of The City of Kitchener
Municipal Code with respect to Signs.
(By-law 2024-127)
14.2.c By-law to Provide for the Licensing and Regulation of Shared
Accommodations in the City of Kitchener.
(By-law 2024-128)
14.2.d Being a by-law to amend By-law 2019-051, as amended, known as
the Zoning By-law for the City of Kitchener — 1000589420 Ontario
Inc. — 179 Jansen Avenue.
(By-law 2024-129)
14.2.e Being a by-law to adopt Amendment No. 56 to the Official Plan -
Rental Replacement By-law Implementation.
Page 17 of 198
(By-law 2024-130)
14.2.f Being a by-law to amend Chapter 620 of The City of Kitchener
Municipal Code with respect to Demolition Control.
(By-law 2024-131)
14.2.g Being a by-law to establish a Rental Replacement By-law.
(By-law 2024-132)
14.2.h Being a by-law to Adopt Amendment No. 34 to the Official Plan —
City -Wide Lodging House Review.
(By-law 2023-133)
14.2.i Being a by-law to Adopt Amendment No. 132 to the Official Plan —
City -Wide Lodging House Review.
(By-law 2023-134)
14.2.j Being a by-law to amend By-law 85-1, as amended, known as the
Zoning By-law for the City of Kitchener — City -Wide Lodging House
Review.
(By-law 2023-135)
14.2.k Being a by-law to amend By-law 2019-051, as amended, know as
the Zoning By-law for the City of Kitchener — City -Wide Lodging
House Review.
15. ADJOURNMENT
(By-law 2023-136)
Page 18 of 198
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Staff Report
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Corporate Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: June 24, 2024
SUBMITTED BY: Amanda Fusco, Director, Legislated Services 519-741-2200 ext. 7809
PREPARED BY: Kristin VanDerGeld, Manager of Licensing, 519-741-2200 ext. 7854
WARD(S) INVOLVED: ALL
DATE OF REPORT: June 13, 2024
REPORT NO.: COR -2024-288
SUBJECT: Supplemental Report Shared Accommodation By-law
RECOMMENDATION:
That the new Shared Accommodation By-law be approved in the form shown attached to
Corporate Services report COR -2024-288 as Appendix "A" and added to the Municipal
Code; and,
That the fees set out in Appendix "B" of staff report COR -2024-288 be approved; and,
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
further,
The purchase of Granicus host compliance software to assist with ongoing monitoring
and enforcement of short-term rental platforms be approved.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide additional information as requested by the
Planning and Strategic Initiatives Committee at the June 3, 2024, meeting.
• Staff met with delegates to further understand their submissions from the Planning and
Strategic Initiatives Committee meeting held on June 3, 2024.
• Staff continues to recommend the Shared Accommodation By-law proposed through
report COR -2024-233 with some minor amendments as noted in this report.
• Planning staff continues to recommend Official Plan Amendment OPA21/004/CK/AR and
Zoning By-law Amendment ZBA21/040/K/NG proposed through report DSD -2024-249.
BACKGROUND:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 33 of 198
On June 3, 2024, the Planning and Strategic Initiatives Committee (PSIC) considered report
COR -2024-233 (Shared Accommodation By-law) and report DSD -2024-249 (City-wide Lodging
House Review) which sought approval to allow lodging houses city-wide in conjunction with a
proposed licensing framework that would regulate both lodging houses and short-term rentals in
the form of a Shared Accommodation By-law. Supplemental information was requested by
members of PSIC regarding the proposed by-law and staff were directed to further engage with
the delegates regarding their submissions at the meeting. Staff had further discussions with the
delegates to further understand their respective submissions and provide clarity on the proposed
regulations.
REPORT:
Staff are recommending modifications to the proposed Shared Accommodations By-law
(Appendix A) that could be made to reduce barriers for Shared Accommodation owners while
maintaining the intent of the program and supporting the City's ability to ensure public safety,
consumer protection, and nuisance control. The recommended modifications have been noted
as a result of further dialogue with the delegates and include namely regulation clarity,
adjustments to application requirements, and by-law amendments.
Lodging House (Schedule 5) Amendments:
Item Requested
Proposed Modifications
• Gross floor area requirement is too
• Gross floor area requirement for common
high and existing lodging houses
living space has been removed.
would not meet requirement.
• Clarity regarding regulation "ensure
• "ensure that no Renter(s) has the
that all Renters have access to any
exclusive use of both a kitchen and
kitchen and bathroom."
bathroom."
• Clarity around lease agreement
• maintain a written lease with only one (1)
requirements.
Renter per lease, unless:
i) the Renter is under thea e of
eighteen (1 8) years, in which case
parentr guardian may execute
a lease on their behalf; or
ii) where the Renters have entered
into a joint tenancy agreement to
share a bedroom.
• Clarity around regulation "ensure
0 "ensure that each bedroom has a door
that each bedroom shall have a door
that is capable of being locked from the
that is capable of being locked."
inside and the outside."
• Clarity regarding regulation "permit
• "permit any room to be used as a
any room to be used as a bedroom
bedroom except where a bedroom has
except where a bedroom has been
been indicated and approved on the
indicated on the licence application."
submitted floor plan."
Page 34 of 198
In addition to the proposed changes, staff have confirmed that Building Approval for new
applications will occur to address further concerns around building safety.
Short-term Accommodation Rental (Schedule 6) Amendments:
Item Requested
Proposed Modifications
• Increase bedroom limit (3 bedrooms)
• Bedroom limit increased to 4.
for Class B licence.
Shared Accommodation applications.
• Remove requirement for a licensee to
• Requirement removed.
maintain a register of all guests as this
new Shared Accommodation
information is not provided by many
application. Building and Fire can
platforms.
assist existing licensed lodging house
New Application Requirements Amendments:
Item Requested
Proposed Changes
• Remove Police Clearance
• No change proposed for any new
requirement.
Shared Accommodation applications.
• Remove floor plan requirement for
• Floor plans will be required with every
existing licensed lodging houses.
new Shared Accommodation
application. Building and Fire can
• Decrease number of inspections
assist existing licensed lodging house
owners with satisfying this
requirement if needed.
Renewal Application Requirement Amendments:
Item Requested
Proposed Changes:
• Remove Police Clearance
• Required every 3rd renewal period for
requirement.
all Shared Accommodations.
• Remove Floor Plan Requirement
• Only required on renewal if changes
to building layout have occurred since
the last application submission.
• Decrease number of inspections
• A Fire Checklist as opposed to
inspection is required on renewal for
all Shared Accommodations.
• Property Standards Inspection
required annually for Lodging Houses
and every 24 months for STR's.
Supplemental Information Requested:
1. Grandfatheri
Page 35 of 198
The current Lodging House By-law will be repealed, and staff continue to recommend that all
existing licensed lodging house owners comply with the new proposed framework and
application requirements. Upon further dialogue with the delegate on the lodging house matter,
they indicated that they were satisfied with the modifications outlined in this report and as such
grandfathering no longer needs to be explored. Grandfathering will perpetuate outdated
practises and will negatively impact the intent of the new licensing framework which is health
and safety and would add additional red tape or complications to the process.
Grandfathering relies on the concept of pre-existing conditions or entities being exempt form
new regulations or standards where the pre-existing condition legally existed in accordance with
existing rules. If a particular use or practice didn't exist previously or there were no rules to
govern its use, such as with Short-term Rental Accommodations, there's nothing to grandfather.
2. Additional Bathrooms & Cooking Facilities:
There is no provision(s) in the Ontario Building Code, Fire Code, Ontario Human Rights Code,
or Residential Tenancies Act that would require a property owner to increase the number of
kitchens and/or bathrooms based on the number of proposed bedrooms. Requiring owners to
retrofit their property with additional amenities outside of code requirements would likely result
in a change of configuration of the existing property and would result in the reduction in number
of available lodging units. While shared access to amenities may pose an inconvenience to
tenants, it would not amount to a breach of those tenants' human rights as protected under the
Ontario Human Rights Code.
3. Insurance Requirements:
Proof of insurance as part of the business licensing process is a standard practice in many
municipalities. It's a way to ensure that businesses have adequate protections in place for
potential risks and liabilities. This practice is aimed at safeguarding both the interests of the
business owners and the community they serve. This application requirement is in place for
many other business types that the City currently licenses and it has been met with minimal
resistance.
4. Existina Licensed Lodaina Houses:
There are currently 15 licensed lodging houses throughout the City (2 in ward 4, 6 in ward 9, 7
in ward 10).
5. Booking Length Maximum — 90 Days:
The definition of short-term rental period varies depending on the jurisdiction, but most area
municipalities classify it as being between 28-30 days. During our consultation phase staff heard
that 30 days was too short and there was a need in the housing market to accommodate longer
stays for reasons that would not align with a long-term rental agreement such as family of
international students, insurance claims, or renovations. Data obtained through AirDNA reflected
over the last year the average stay was 4 nights. However, a rental period of up to 90 consecutive
Page 36 of 198
days allows for some flexibility without venturing into the long-term rental market which often
requires a fixed term lease of 1 year or more.
6. Bedroom Limits:
Most municipal comparators that have enacted a licensing by-law for short-term rentals restrict
them to a principal residence only and cap the number of days they can operate. Staff are
proposing to permit both principal residence and non -principal residence short-term rental
accommodations as they provide a type of flexible housing stock and meet a need in our
community. However, staff is proposing to limit the number of bedrooms/guests to promote
safety, limit noise and disruption, and to balance the interests of residents, visitors, and the
community. The limits proposed are 5 bedrooms (maximum 10 occupants) for a principal
residence and 4 bedrooms (maximum of 8 occupants) for a non -principal residence. It was
verified through data sourced by AirDNA that properties with 4-5 bedrooms account for 5% of
listings on the major platforms. Top platforms have also indicated that more than 4 bedrooms
is unusual outside of vacation markets.
7. Disclosure of Information:
All licensed Shared Accommodations will be listed on the City's website alongside the last
inspection date. No further information will be provided online to the public as this process would
be onerous to maintain and there is unclear relevancy/purpose of such information. There are
already mechanisms in place to release requested data through the access request process.
Furthermore, enforcement orders issued to a property owner can also be released to impacted
parties such as tenants, property managers, or mortgage companies where appropriate. A copy
of these orders can also be posted at a property where applicable.
The contact information for both the licensee and alternate emergency contact will be required
to be posted at the shared accommodation as part of the Renter's Code.
Staff are not proposing the collection of personal contact information of renters as part of the
application process for reasons such as privacy, renter turnover and relevance. Lease
agreements as outlined in the by-law can be requested as required for enforcement purposes.
8. Evictions:
The focus of the proposed by-law is health and safety and to promote compliance. In the instance
of non-compliance there are other avenues staff can pursue such as fines through the
Administrative Monetary Penalties System (AMPS), charges through the Provincial Offences Act
(POA) court, conducting repair work on an owner's behalf and invoicing in the same manner as
municipal taxes, or placing conditions on a licence. Revoking a licence would be considered as
a last resort and only after all other avenues have been exhausted or in the event of a life safety
concern. While the City can revoke a licence, the eviction process would still be governed
through the Residential Tenancies Act. In the event of a displacement staff would assist with
connecting tenants with community resources/alternative housing arrangements.
9. Review Period:
Page 37 of 198
Staff are committed to reporting back on an annual basis to assess the overall impacts of the
licensing program. This will include statistics on the uptake of licenses, staffing implications,
fees, potential expansion of the program, and to make any process revisions or amendments as
needed.
10. Minimum Parking requirements for Lodging Homes:
In addition to the municipal scan of Zoning By-laws that was conducted to inform the planning
staff recommended parking rate for lodging homes as outlined in report DSD -2023-446, planning
staff have reviewed the City of Ottawa's draft Zoning By-law (released in May 2024), the City of
Edmonton's Zoning By-law (2023), and the City of Barrie's draft Zoning By-law (2023) which
propose no parking minimums in Ottawa and Edmonton and 1 parking space per dwelling unit
(which includes a lodging home) in Barrie. Below is a table with minimum parking rate options
for Council's consideration.
Option
Rate
Option 1— Staff
I per lodging house
Recommendation
(No minimum in SGA zones)
Option 2 — Status Quo
1 space per 63m2 of
(2019-051)
GFA*
(No minimum in SGA zones)
Option 3 — Approved 4
0 spaces within 800m
Units Rates
of LRT station
0.3 spaces in RIENS
area
0.6 spaces
elsewhere**
"For example, a lodging home of a size of approximately 2,800ft2 (264m2) would require 5 parking spaces
**Due to rounding provisions in the Zoning By-law, this would result in 1 space per lodging home
Planning staff continue to recommend 1 parking space per lodging home (option 1) but do not
have a concern with establishing parking minimums for lodging homes that are the same as the
4 -unit rates (option 3).
Staff met with delegates to better understand their concerns, and where possible have
recommended modifications to the proposed licensing by-law as outlined in this report. Staff
reconfirm that that we will monitor the implementation of the Shared Accommodation By-law and
report back to Council with any recommended adjustments. Providing an updated land use and
licensing framework for lodging homes and for short-term rentals is the first step in ensuring safe
accommodations.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Page 38 of 198
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.
PREVIOUS REPORTS/AUTHORITIES:
• DSD -2024-249 Supplemental Report to DSD -2023-446 — City-wide Lodging House
Review
• DSD -2023-446 City-wide Lodging House Review (OPA21/004/COK/AR,
ZBA21 /040/K/NG)
• COR -2024-233 — Shared Accommodation By-law
• 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
APPROVED BY: Victoria Raab, General Manager, Corporate Services
ATTACHMENTS:
Attachment A — Shared Accommodation By-law
Attachment B — Fees
Page 39 of 198
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;
NOW THEREFORE the Council of The Corporation of Kitchener enacts the following:
Page 40 of 198
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
d) the display of samples, patterns, or specimens of goods for the purpose of sale or
hire.
Page 41 of 198
"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 Floor Area" means the area of a floor, measured to the inside of all outside wal
enclosing any floor or part of a floor that complies with all applicable law for the shelte
accommodation or enclosure of persons, above which has a clear height of at least t
(2) metres for any floor below grade and above which has a clear height of at least o -
(1) metre • any •• above • ♦•` • i `a' • . iarag •• ` '•.r
sun room or
"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
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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:
a) is designed for the exclusive use of the resident or residents of the unit;
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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 the registered owner of the property.
"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.
"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.
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"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.
"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
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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;
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
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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.O. 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;
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.
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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) other such documents as the Manager of Licensing may require including,
without limitation, the documents set out in 4.1.
4.5 Every Licensee shall:
a) post the Licence in a conspicuous place at the Licensed Premises;
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;
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e) ensure the number of parking spaces provided are in accordance with the
Zoning By-law;
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
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
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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.
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
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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
g) the provisions of this By-law provide grounds not to issue or renew.
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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;
i) the provisions of this By-law provide grounds not to issue or renew in the
circumstances; or
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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 Municipal Act, 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;
c) require information from any person concerning a matter related to the
inspection; and
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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
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.
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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
2004-250 and the contentsof - Chapter 553 are hereby repealed
as of f
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;
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,
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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.
Page 58 of 198
SCHEDULE 1
TYPES OF SHARED ACCOMMODATION REQUIRING A LICENCE
TYPE OF SHARED ACCOMMODATION
REGULATIONS
Lodging House
Schedule 5
Short -Term Accommodation Rental
Schedule 6
Page 59 of 198
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 Person 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 a director or officer, or a letter of authorization
must be provided from any director naming a director, officer or employee of
the corporation as their designate.
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 60 of 198
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 61 of 198
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 62 of 198
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;
f) Building Approval; and
g) Property Standards Approval.
2. Every Lodging House Licensee Shall:
a) ensure the building area does not exceed six hundred (600) square metres and
the building does not exceed three (3) storeys in height;
b) 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;
c) ensure that each bedroom has:
i) a minimum floor area of 7 square metres; and
ii) no more than 2 Adults occupants;
d) ensure that no Renters have the exclusive use of both a kitchen and bathroom;
e) ensure that each bedroom has a door that is capable of being locked from the
inside and the outside;
i) the Renter is under the age of eighteen (18) years, in which case a
parent or guardian may execute a lease on their behalf; or
ii) where the Renters have entered into a joint tenancy agreement to share
a bedroom.
g) have a separate Licence for each Lodging House location.
Page 63 of 198
3. No Lodging House Licensee shall:
a) permit any room to be used as a bedroom except where a bedroom has been
indicated and approved on the submitted floor plan.
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 64 of 198
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 thirty (30) days consecutive, with the option to permit two
(2) additional thirty (30) consecutive days up to a maximum of ninety
(90) days consecutive;
b) rent up to five (5) bedrooms; and
c) rent up to two (2) Guests per bedroom, with a maximum of ten(10) Guests
total; and
d) only hold a maximum of one (1) Class "A" licence.
3. STA - Class "B" (Non -Principal Residence) Licensee may:
a) operate up to thirty (30) days consecutive, with the option to permit two (2)
additional thirty (30) consecutive days up to a maximum of ninety (90)
days consecutive;
b) rent up to four (4) bedrooms;
c) rent up to two (2) Guests per bedroom, with a maximum of eight (8) Guests
total; and
Page 65 of 198
d) 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 ensure that the STA is maintained
in a clean and hygienic manner and in a state of good repair.
7. Every Short -Term Accommodation Licensee shall ensure that each bedroom has a
minimum floor area of 7 square metres.
8. 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
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 66 of 198
APPENDIX B TO COR -2024-288
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 67 of 198
Staff Report
J
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Financial Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: June 24, 2024
SUBMITTED BY: Jonathan Lautenbach, Chief Financial Officer, 519-741-2600 ext. 7334
PREPARED BY: Katie Fischer, Director of Financial Reporting & ERP Solutions, 519-741-
2600 ext. 4630
WARD(S) INVOLVED: All Wards
DATE OF REPORT: June 3, 2024
REPORT NO.: FIN -2024-279
SUBJECT: Development Charges Exemption for Affordable Housing
RECOMMENDATION:
That delegated authority to approve and execute agreements required under section 4.1
of the Development Charges Act, 1997, be granted to the Chief Financial Officer /
Treasurer or designate, with said agreements being to the satisfaction of the City
Solicitor.
REPORT HIGHLIGHTS:
• The purpose of this report is to put into place an efficient process for the exemption of
affordable and attainable residential units under the Development Charges Act (DC Act).
• The key finding of this report is that the DC exemption of affordable residential units came
into effect on June 1, 2024. The DC Act requires that the developer and the City enter into
an agreement to keep the units affordable for 25 years.
• The definition of affordability is prescribed in the DC Act as set out in the body of the report
below.
• The financial implications are that this mandatory exemption is anticipated to reduce the
City's collection of DCs in the future, which may impact the availability of funds to support
the City's growth capital projects in the future. Staff will continue to monitor and assess the
impacts the DC exemptions and changes to the DC Act have on the City's budgets.
• Community engagement included posting this report to the City's website with the agenda
in advance of the council / committee meeting.
• 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 68 of 198
BACKGROUND:
As part of Bill 23, the More Homes Built FasterAct, 2022, the Province introduced a new section
4.1 "Exemption for affordable and attainable residential units" to the Development Charges Act,
1997 ("DC Act").
The section was further refined in 2023 under Bill 134, the Affordable Homes and Good Jobs
Act, 2023 to update the calculation of determining what is an affordable residential unit so that it
included an income -based threshold in addition to a market-based threshold.
This section is now in force as of June 1, 2024. The following is a brief overview of what this
mandatory exemption entails:
• "Affordable residential units" are exempt from development charges ("DCs") if they meet
the following criteria:
o For rental units, the rent is the lesser of the income -based affordable rent
calculation and the average market rent. For the City of Kitchener, the Province
has determined this threshold to be:
■ Bachelor units: $1,117
■ 1 -bedroom units: $1,322
■ 2 -bedroom units: $1,594
■ 3 or more -bedroom units: $1,779
o For ownership units, the purchase price is the lesser of the income -based
affordable purchase price and 90% of the average purchase price in the market.
For the City of Kitchener, the Province has determined this threshold to be
$370,100 for all unit and building types.
• The affordability calculation is anticipated to be updated annually by the Province on June
1 St
• The DC Act requires that the renter or purchaser be arm's length from the developer.
• The DC Act requires that the developer and the municipality enter into an agreement that
requires the residential unit to remain affordable for 25 years. It does not specify how the
municipality will monitor and enforce this, and staff continue to review in consultation with
other municipal partners and our DC consultants, Hemson Consulting Ltd.
While "attainable residential units" are now exempt, the Province has not yet prescribed any
development or class of developments that would meet this definition; therefore this has no
impact at present time.
REPORT:
As part of the affordable residential units exemption, the DC Act requires that the developer and
the local municipality enter into an agreement that requires the residential unit to remain
affordable for 25 years. The DC Act also requires an agreement in the case of an attainable
residential unit exemption.
Page 69 of 198
To minimize administrative burden and support the timely development approvals for affordable
and attainable housing, staff recommend that authority for signing agreements under section 4.1
of the DC Act be delegated to the Chief Financial Officer / Treasurer or designate, to the
satisfaction of the City Solicitor. In absence of this delegated authority, each agreement
authorizing the exemption of DCs for affordable and attainable residential units would require a
report to Council and Council resolution, which may delay developments.
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 direct impact on the Capital Budget. The
affordable and attainable residential unit exemptions will reduce the City's collection of DCs in
the future, however it is not possible to estimate the amount at this time given uncertainty
surrounding how many developments will meet the exemption criteria. This could impact the
availability of funds to support the City's growth capital projects in the future. Staff will continue
to monitor and assess the impacts the DC exemptions and changes to the DC Act have on the
City's budgets.
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:
• Development Charges Act, 1997
APPROVED BY: Jonathan Lautenbach, Chief Financial Officer
ATTACHMENTS: Not Applicable
Page 70 of 198
Staff Report
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Corporate Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: June 24, 2024
SUBMITTED BY: Amanda Fusco, Director of Legislated Services, 519-741-2200 ext. 7809
PREPARED BY: Kristin VanDerGeld, Manager of Licensing, 519-741-2200 ext. 7854
WARD(S) INVOLVED:
DATE OF REPORT: June 5, 2024
REPORT NO.: COR -2024-286
SUBJECT: Appointment of Licensing Appeal Tribunal Members
RECOMMENDATION:
That Councillors 1. , 2. and 3. be
appointed as the members of the Licensing Appeal Tribunal.
REPORT HIGHLIGHTS:
• This report supports the delivery of core services.
BACKGROUND:
Chapter 508 (Licensing and Regulations of Alternative Massage Centres) of the City of Kitchener
Municipal Code governs the licensing and operation of Alternative Massage Centres. As part of
the business licensing regulations, the Manager of Licensing may refer a licence to the Licensing
Appeal Tribunal who have the authority to impose conditions, suspend or revoke a business
licence if they find the business is in violation of Chapter 508, or other applicable bylaws, or Acts.
The Business Owner (the Licensee) shall be given reasonable notice of the time and place of
the hearing and shall be invited to make submissions as per Chapter 508 `Schedule A, section
9'. The Manager of Licensing does not have the authority under this Chapter to revoke a licence.
Over the last 6 months, Licensing staff has collaborated closely with the By-law Enforcement
team to address concerns pertaining to Ocean 7 Wellness, a licensed alternative massage
centre situated at 540 Frederick Street which has been in operation since September 7, 2023.
The location of the business is situated in a residential area and multiple complaints have been
received from area residents in relation to this establishment. Investigations have been
conducted to confirm that these complaints are valid. The complaints span a wide range,
encompassing issues such as operating outside of permitted hours, attendants wearing
garments that appear to be lingerie, services being offered appeal to erotic or sexual appetites
or inclinations, lighting concerns, sign violations, and harassment. During the application
process the Licensee applied for a Zoning Occupancy Certificate (ZOC) and was advised that
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 71 of 198
they were unable to operate a commercial business from this location. However, the Licensee
was advised a home occupation business would be permitted with the understanding that they
would have to live at this location as their principal address. During the investigation process it
was discovered that the Licensee does not reside at the property. This was later confirmed by
the Licensee in writing via email that they permanently reside outside the region. Therefore,
the business is currently operating in contravention of zoning regulations.
In response to these ongoing concerns, the Licensee was issued verbal warnings regarding
hours of operation, appropriate attire, and advertising requirements. By-law enforcement
attended to resolve the lighting concern. However, complaints persist. The building is currently
zoned as a single -detached dwelling and not a commercial space and therefore without going
thorough the site plan process the only available option would be to operate a home-based
business. The Licensee was informed during the application process about the zoning
regulations and the requirement to reside at the property in order to be permitted to operate a
home-based business. On the Licensee's most recent business licence renewal application
they indicated their home address as being 540 Frederick Street, but the supporting
documentation indicated her home address to be outside the region which was confirmed via
email. As such, the Licensee has failed to meet the conditions of the business licence and the
requirements of the Zoning By-law therefore the Manager of Licensing is referring the matter to
the Licensing Appeal Tribunal for revocation of the licence in accordance with Chapter 508,
`Schedule A, Section 10.'
REPORT:
In order to facilitate the appeal, staff is requesting the appointment of 3 councillors to serve as
members for the Licensing Appeal Tribunal for the upcoming hearing concerning Ocean 7
Wellness.
In previous Tribunals, the ward councillor is usually not one of the appointed members of the
Licensing Appeal Tribunal to avoid any potential perceptions of bias.
Once the appointment has been made staff will work with the Licensing Appeal Tribunal to
schedule a hearing date. It is anticipated that the hearing will take place in the morning; however,
members of the Licensing Appeal Tribunal should allocate the entirety of the workday. The
Licensing Appeal Tribunal may recommend, with respect to the Alternative Massage Centre
Licence, to Council whether:
• To support the revocation of the licence;
• To suspend the licence;
• To grant the licence; or,
• To grant the licence with conditions.
The appointed members and applicant will receive a notice of the location and time of the
Licensing Appeal Tribunal.
Page 72 of 198
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
There is no fee for a Licensing Appeal.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
APPROVED BY:
Victoria Raab, General Manager, Corporate Services
Page 73 of 198
Staff Report
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Development Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: June 24, 2024
SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals,
519-741-2200 ext. 7070
PREPARED BY: Jessica Vieira, Heritage Planner, 519-741-2200 ext. 7291
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: June 10, 2024
REPORT NO.: DSD -2024-290
SUBJECT: Consideration of Objection to Notice of Intention to Designate
91 Madison Avenue South
RECOMMENDATION:
That City Council consider the Notice of Objection dated May 5t", 2024 and affirm its
decision of April 8, 2024, stating its intention to designate the property, municipally
addressed as 91 Madison Avenue South, under Part IV of the Ontario Heritage Act;
That City Council not withdraw the Notice of Intention to Designate the property,
municipally addressed as 91 Madison Avenue South, under Part IV of the Ontario
Heritage Act; and
That the By-law, attached as Attachment `B' to this Report No. DSD -2024-290, to
designate the property municipally addressed 91 Madison Avenue South, in
accordance with Part IV, Section 29 of the Ontario Heritage Act, BE APPROVED.
REPORT HIGHLIGHTS:
The key findings of this report are as follows:
• The purpose of this report is to provide Council with information, analysis, and options
regarding an objection to the Notice of Intention to Designate (NOID) 91 Madison
Avenue South, which was published in the Kitchener Record on April 12, 2024.
• Council resolved to issue a NOID for the subject property on April 8, 2024.
• The designation is being undertaken as part of the Municipal Heritage Register
Review Strategy implemented in 2023 in response to amendments to the Ontario
Heritage Act introduced through Bill 23, More Homes More Choices Act.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 74 of 198
Heritage Planning Staff contacted the Property Owner on May 23rd, 2023, and
February 20th, 2024, prior to the formal issuance of NOID, to initiate a conversation
about designation and invite any questions or concerns. This exceeds the
requirements of the Ontario Heritage Act, which only prescribes that the Owners must
be contacted when a NOID is being published. No response was received from the
Owner of 91 Madison Avenue South on either of these occasions.
• Under Section 29(5) of the Ontario Heritage Act (OHA), anyone may serve the Clerk
with a Notice of Objection within 30 days of the publication of the Notice of Intention to
Designate, triggering a Council review of the original decision. The Notice of Objection
was served within this timeframe, being received by the Clerk on May 5th, 2024.
• Council has until August 10th, 2024 to make a decision on the objection. This is in
compliance with the timeline mandated by the Ontario Heritage Act, Section 29(6)
which provides 90 days from the date of the end of the objection period.
Heritage Planning Staff have reviewed the reasons for objection provided by the
Property Owner and remain of the opinion that the property meets the criteria for
determining cultural heritage value or interest, as prescribed by Ontario Regulation
9/06, and continues to merit heritage designation under Part IV of the Ontario Heritage
Act.
BACKGROUND:
91 Madison Avenue South is a two storey early -20th century religious building constructed
in the Colonial Revival architectural style with Byzantine and Moorish influences. The
building is situated on a 0.43 acre parcel of land located on the east side of Madison
Avenue South between Church Street and Courtland Avenue East. The principal resource
that contributes to the heritage value is the religious building.
Figure 1: Location Map of Subject Property
Page 75 of 198
A full assessment of 91 Madison Avenue South was completed at the beginning of 2024
and included a field evaluation and detailed archival and document research. This work
was undertaken as part of the City of Kitchener Municipal Heritage Register (MHR)
Review, initiated in February of 2023. The MHR Review is the City's response to
amendments to the Ontario Heritage Act introduced in January of 2023 through Bill 23, the
More Homes Built Faster Act.
The findings of the review concluded that 91 Madison Avenue South met six (6) of the nine
(9) criteria for designation under Ontario Regulation 9/06 and possesses design/physical,
historical/associative, and contextual value. Upon receiving the objection, Heritage
Planning Staff have reassessed the subject property and remain of the opinion that six (6)
of the nine (9) criteria are met. Per Ontario Regulation 9/06, a property need meet only two
(2) of the nine (9) criteria in order to be designated under Part IV (Section 29) of the
Ontario Heritage Act.
A summary of the criteria that is met or not met is provided in the table below. A detailed
review of the cultural heritage significance of the property can be found in Schedule B of
Attachment 'B', which is the designating By-law recommended by staff to be passed by
Council.
Criteria
Met?
Explanation
1. The property has design value or
The building is a unique example of
physical value because it is a
the Byzantine and Colonial Revival
rare, unique, representative or
architectural style in Kitchener and is
early example of a style, type,
Yes.
in excellent condition. One of the only
material, or construction method.
examples of this architectural style
within both the City and Region, with
the other being 131 Victoria Street
South.
2. The property has design value or
Does not display a degree of artistic
physical value because it
merit or craftsmanship beyond what
displays a high degree of
No
is typical for this architectural style,
craftsmanship or artistic merit.
which is characterized by decorative
elements.
3. The property has design or
The building does not demonstrate a
physical value because it
high degree of technical or scientific
demonstrates a high degree of
No
achievement, appearing to have
technical or scientific
been constructed using materials and
achievement.
methods typical for its time.
4. The property has historical value
Relate to the original owner and use
or associative value because it
and connects to the theme of early
has direct associations with a
Yes
Jewish settlement within the City.
theme, event, belief, person,
activity, organization or institution
that is significant to a community.
Page 76 of 198
5. The property has historical or
Can provide an understanding of how
associative value because it
the diversification of religion
yields, or has the potential to
progressed within the City in the early
yield, information that contributes
Yes
twentieth century, being the first
to an understanding of a
synagogue within then -Berlin, and
community or culture.
established during a time period
when the predominant faith present
in the area was Christianity.
6. The property has historical value
The architect, builder, or designer of
or associative value because it
the property is unknown.
demonstrates or reflects the work
No
or ideas of an architect, artist,
builder, designer or theorist who
is significant to a community.
7. The property has contextual
Contributes to the continuity and
value because it is important in
character of the Madison Avenue
defining, maintaining, or
South streetscape and the Cedar Hill
supporting the character of an
Neighbourhood Cultural Heritage
area.
Landscape (CHL), which is the
second established CHL in the City.
Yes
The neighbourhood is characterized
by a mix of residential and
institutional uses, elevated
topography, narrow street widths,
and dramatic long views. The
building maintains the setbacks, size,
and scale of the surrounding
properties.
8. The property has contextual
The building remains in-situ,
value because it is physically,
maintains its relationship and
functionally, visually, or
orientation towards the street and the
historically linked to its
topography of the area. Though the
surroundings.
Yes
congregation has changed, the
building also maintains its original
use as a place of worship, therefore
maintaining its historic function within
the neighbourhood.
9. The property has contextual
With its distinctive architectural style
value because it is a landmark.
and its location near the peak of one
of the neighbourhoods large rolling
Yes
hills, 91 Madison Avenue South is an
easily recognizable building and can
be classified as a neighbourhood
landmark.
Page 77 of 198
Figure 2: Front Fagade of Subject Property (2024)
Figure 3: North Side Fagade of Subject Property (2024)
Page 78 of 198
An updated Statement of Significance on the property's cultural heritage value was taken
to the Heritage Kitchener Committee on February 6, 2024. On this meeting date, the
Committee recommended that pursuant to Section 29 of the Ontario Heritage Act, the
cultural heritage value or interest of 91 Madison Avenue South be recognized, and
designation pursued.
Communication History
The process established for the Kitchener Municipal Heritage Register Review includes
engagement procedures outside of those that are legislatively required by the Ontario
Heritage Act. The City contacted all owners of listed properties within Kitchener through an
initial letter dated May 23, 2023. This letter informed them of work being undertaken by the
City in response to the provincial amendments to the Ontario Heritage Act associated with
Bill 23, and invited commentary and concerns. Several responses were received in the
following months from recipients. No response was received from the Owner of 91
Madison Avenue South in this instance.
Per the City's established process, after evaluations were completed and identified that 91
Madison Avenue South met sufficient criteria under Ontario Regulation 9/06, and it was
confirmed by the Heritage Committee that designation should be persuade, the owners
were contacted a second time via a communication package. This package included a
second letter dated February 20th, 2024, which again invited the property owners to
contact the City's Heritage Planner with any comments, questions, or concerns they may
have, while the additional material included the updated Statement of Significance as well
as a copy of the City's Guide to Heritage Designation for Property Owners. No response
was received from the Owner of 91 Madison Avenue South in this instance.
Subsequently, a Notice of Intention to Designate Report (DSD -2024-138) was taken first to
Heritage Kitchener Committee on April 2nd, 2024, and than Council on April 8th, 2024.
Decision History
The Heritage Kitchener Committee indicated their support of the designation on April 2nd,
2024. On April 8th, 2024, City Council passed the following motion:
"That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a
Notice of Intention to Designate the property municipally addressed as 91 Madison
Avenue South as being of cultural heritage value or interest as outlined in Development
Services Department report DSD -2024-138."
The Notice of Intention to Designate was published in the Kitchener Record and served via
a letter to the Owner on April 12th, 2024. This was the third opportunity for comments
provided and the only one mandated by provincial legislation, fulfilling the notice
requirements under Section 29(3) and 29(4) of the OHA.
COMMENTS:
Heritage Planning Staff were contacted by a representative and member of the Church
Board on April 23rd, 2024, regarding concerns with the proposed designation of 91
Page 79 of 198
Madison Avenue South. A call was scheduled and held between Heritage Planning Staff
and the representative on April 24th, 2024, to discuss the concerns. A formal Notice of
Objection was served to the City on May 5th, 2024.
Heritage Planning Staff have reviewed the Notice of Objection dated May 5th, 2024 and
prepared by Nego Radulovic on behalf of the Board for the International Fellowship
Church of God. A copy of the Notice of Objection is included with this report as Attachment
A. The primary concerns identified within the letter related to the financial implications of
heritage designation as well as limitations to the use or ability to adapt the property to suit
changing needs.
Financial Implications
The Notice of Objection outlines a concern that a heritage designation would place
additional financial burden on the Church and limit its ability to continue its spiritual and
community -building activities.
Consideration has been provided for the potential increase in financial cost that might be
incurred with designation. Section 33(1) of the Ontario Heritage Act states that Owners
must apply for alterations to a Part IV designated property if the alteration is likely to affect
the property's heritage attributes as identified in the designating by-law. This process is
done via a Heritage Permit Application, which is similar in requirements to a Building
Permit Application. There are no fees charged by the City for Heritage Permit Applications,
but higher standards of work may be expected or required. The maintenance of
designated heritage properties is encouraged and supported through the Heritage Grant
program, which is intended to help with the costs of work and repair. Regular care and
maintenance of a property, regardless of its heritage status, is the best and most efficient
intervention to avoid sustaining costs.
There are no interior attributes proposed to be included within the designating by-law, so a
Heritage Permit would not be needed and no heritage requirements would be imposed for
any interior work to 91 Madison Avenue. In addition, Heritage Planning Staff have
proposed modifications to the wording of the designating by-law with the intention of
providing some flexibility and reduce potential strain on the Owners while still providing
protection to those features which speak to the identified heritage value of the property.
For example, while multi -paned windows are included within the heritage attribute list, the
exact composition of the panes is not provided. This means that should replacements be
needed in the future, while the new windows would need to be multi -paned, they would not
necessarily need to be exact custom replicas of what currently exists.
It should also be noted that there is precedence for flexibility in approvals or requirements
when work needs to be done on a designated property but there are financial constraints
or exorbitant costs. This can be seen for properties both within the Heritage Conservation
Districts or that are individually designated. For properties individually designated under
Part IV of the Ontario Heritage Act, the City of Kitchener follows The Standards and
Guidelines for the Conservation of Historic Places in Canada, which is a collaborative
effort between Federal, Provincial, and Territorial governments to establish a conservation
framework. Minimal intervention — such as replacing only deteriorated or missing parts as
opposed to entire built features — is encouraged within the Standards and Guidelines. It
Page 80 of 198
also notes that where exact replications are not technically, economically, or
environmentally feasible, then compatible substitutions can be considered.
There are a number of places of worship within the City of Kitchener which are designated
either individually under Part IV of the Ontario Heritage Act, as proposed for 91 Madison
Avenue, or are within Heritage Conservation Districts and designated under Part V of the
Ontario Heritage Act. Examples include 64 Water Street North (First Church of Christ
Scientist), 73 Young Street (St Mary Our Lady of the Seven Sorrows Roman Catholic
Church), 40 Chapel Hill Drive (Carmel New Church), 54 Benton Street (St. Matthews
Lutheran Church), and 137 Queen Street South (Historic St. Paul's Lutheran Church),
amongst many others.
Adaption of Property
The Notice of Objection identifies concerns that the designation may impact the ability to
adapt the property and building to accommodate evolving needs and practices. A heritage
designation does not mean properties can not be adapted to suite expanding or changing
needs or improve functionality, but is rather intended to be a tool to help manage that
change. There are numerous precedents of additions or other modifications being
permitted on residential, commercial, and institutional buildings both individually
designated and designated as part of a Heritage Conservation District which demonstrate
this. For example, 137 Queen Street South (Historic St. Paul's Lutheran Church) recently
obtained heritage approval in 2023 to develop and construct a detached, 6 -storey
apartment building.
Further, and as noted previously, the designation does not apply to any interior attributes.
This means that the Church retains the ability to make any modification to the interior of
the building without having to go through the process to obtain approvals, so long as
identified exterior attributes are not impacted.
The Importance of Cultural Heritage Within the City
The identifying and protection of cultural heritage resources within the City of Kitchener is
an important part of planning for the future. Heritage conservation is not intended to
prevent growth and progress, but rather help guide change so development can occur
while conserving the buildings, structures, and landscapes that give the City of Kitchener
its unique identity. In addition to the creation of distinct places and a cultural identity, there
are economic, environmental, and informational values. Heritage conservation is capable
of enhancing property value and assessments, attracting investments, and creating
opportunities for tourism and other specialized industries. The most sustainable and
environmentally friendly buildings are ones that already exist; heritage buildings contain
embodied carbon, and their use or reuse reduces the release of emissions and material
consumption while keeping waste material out of the landfill. Finally, designated buildings
can impart knowledge about both the history and tradition of the City, as well as
information related to resilient development, techniques, and material use.
It should be recognized that our heritage resources are a finite and non-renewable
resource. The City plays a critical role and has a responsibility towards the conservation of
cultural heritage properties. The designation of property under the Ontario Heritage Act is
Page 81 of 198
the main tool to provide long-term protection of cultural heritage resources for future
generations. Designation recognizes the importance of a property to the local community;
protects the property's cultural heritage value; encourages good stewardship and
conservation; and promotes knowledge and understanding about the property.
Designation not only publicly recognizes and promotes awareness, but it also provides a
process for ensuring that changes to a property are appropriately managed and that these
changes respect the property's cultural heritage value and interest. 91 Madison Avenue is
an example of architectural style rare within the City and, as the first synagogue within
Kitchener, also speaks to the history of a minority group.
Council Options
In accordance with Section 29 of the Ontario Heritage Act, City Council has the following
options to consider in response to the Notice of Objection:
1. Decline the objection, affirm Council's decision to designate the property, and pass
the designating By-law (recommended).
The City's Heritage Planning Staff have found that 91 Madison Avenue South
meets the criteria for designation as prescribed by Ontario Regulation 9/06
(amended through Ontario Regulation 569/22), meeting six (6) of nine (9) criteria
where only two (2) criteria need be met. Protection of the property is consistent with
both provincial, regional, and local policy which directs that municipalities should
conserve significant built heritage resources.
Should the designation proceed, the Owner may appeal the designating by-law to
the Ontario Land Tribunal (OLT) once the designating by-law has been passed,
notice has been provided, and by-law has been published in accordance with
Section 29(8) of the OHA. Through an appeal under s. 29 of the OHA, there is an
opportunity for heritage attributes to be modified during the appeal process, should
the OLT deem it appropriate. The decision of the OLT is binding.
2. Accept the objection and withdraw the Notice of Intention to Designate.
Council could choose this option if it is convinced by the letter of objection that the
building does not possess the cultural heritage value identified by Heritage Planning
Staff and that designation will lead to increased costs and delays in process.
Heritage Planning Staff do not recommend this option and have provided
responses to each area of concern brought up by the property owner as outlined
above.
It should also be noted that should Council decide not to proceed with a Notice of
Intention to Designate, that the building will remain on the City's Municipal Heritage
Register until January 1, 2027, after which it will be removed according to the
changes enacted by Bill 23 and amended through. Once removed, it cannot be re -
listed on the Register again for five (5) years, i.e., January 1, 2032.
Page 82 of 198
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance
of the Council Meeting. The Notice of Intention to Designate Report was posted to the
City's website with the agenda in advance of the Heritage Kitchener Meeting on, April 2nd,
2024.
CONSULT— Heritage Planning staff have consulted with the Heritage Kitchener
Committee regarding designation under the Ontario Heritage Act. The Property Owner
was invited to consult via two separate letters dated May 23, 2023 and February 20tH
2024. The Notice of Intention to Designate was published in the Kitchener Record and a
letter was also served per standard operating procedures following Council's decision on
April 8th, 2024.
Heritage Planning Staff were contacted by a member of the Church Board after a Notice of
Intention to Designate letter was sent by the City. Heritage Planning Staff spoke to Nego
Radulovic via phone on April 24, 2024, prior to Clerks receiving the Notice of Objection
Letter. The concerns outlined in the letter were identified during this phone call and
responded to by Heritage Planning Staff.
PREVIOUS REPORTS/AUTHORITIES:
• Ontario Heritage Act
• Notice of Intention to Designate 91 Madison Avenue South — DSD -2024-138
REVIEWED BY: Garett Stevenson, Director of Development Approvals and Housing
APPROVED BY: Justin Readman, General Manager, Development Services
Department
ATTACHMENTS:
Attachment A — Notice of Objection, dated May 5th, 2024
Attachment B — Draft Designating By-law for 91 Madison Avenue South
Page 83 of 198
[Your Church's Letterhead]
May 5, 2024
Jessica Vieira
Heritage Planner I Planning Division I City of Kitchener
200 King Street West, 6t" Floor I P.O. Box 1118 1 Kitchener ON N2G 4G7
Re: Objection to Designation of 91 Madison Avenue South
Dear Jessica,
We hope this letter finds you well. As active members of this community, we deeply
value our partnership with the city and appreciate the efforts to preserve our shared
heritage.
However, after careful consideration and consultation with our congregation, we
respectfully register our formal objection to the designation of our church building as a
heritage site.
Our primary concern revolves around the financial implications that such a designation
would entail. As a church community, our resources are primarily dedicated to
sustaining our spiritual and community -building activities. The additional financial
burden of meeting the stringent standards of a heritage building would significantly
strain our already limited resources and hinder our ability to fulfill our mission effectively.
Furthermore, while we acknowledge the importance of preserving historical architecture,
we must also consider the practical challenges associated with maintaining a heritage
building. The restrictions imposed by heritage designation could limit our ability to adapt
the space to accommodate evolving community needs and spiritual practices. We have
made efforts over the years to maintain key elements of the building, such as the
stained glass and chandelier, and intend to continue to keep up this maintenance.
We trust that our concerns will be taken into consideration. Please let us know if any
further discussion is required to find a solution that respects both the historical
significance of our building and the practical needs of our congregation.
Thank you for your attention to this matter.
Sincerely,
Page 84 of 198
I/ V/ 17
/Y lqwz I �
Nego Radulovic
Board Member, International Fellowship Church of God
Page 85 of 198
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to designate the property
municipally addressed as 91 Madison Avenue
South, in the City of Kitchener as being of
historic and cultural heritage value or interest.
WHEREAS section 29 of the Ontario Heritage Act, R.S.O. 1990, C. 0.18,
authorizes the Council of a Municipality to enact by-laws to designate real property,
including all of the buildings and structures thereon, or portions thereof, to be of cultural
heritage value or interest;
AND WHEREAS the Council of The Corporation of the City of Kitchener has received
and considered the recommendations of its municipal heritage committee (Heritage
Kitchener) regarding the designation of a property located at 91 Madison Avenue South,
Kitchener (the "Property");
AND WHEREAS the Council of The Corporation of the City of Kitchener resolved at
its Council Meeting held on April 8, 2024, to publish a Notice of Intention to designate the
Property as being of cultural heritage value or interest pursuant to section 29 of the Ontario
Heritage Act, R.S.O. 1990, C. 0.18, and which resolution was confirmed by By-law No. 2024-
084;
AND WHEREAS a copy of the Notice of Intent to Designate was served upon the
registered owners of the Property and upon the Ontario Heritage Trust;
AND WHEREAS a copy of the Notice of Intent to Designate was published in the
Waterloo Region Record, which is a newspaper having general circulation in the City of
Kitchener on April 12, 2024, a copy of which is attached to this by-law as "Schedule A";
AND WHEREAS a Notice of Objection to the Notice of Intention to Designate was
served on the Clerk of the City of Kitchener by the owner of the Property within the timeline
set out in the Ontario Heritage Act;
AND WHEREAS City Council considered said Notice of Objection at their meeting
of June 24, 2024, and resolved not to withdraw the Notice of Intention to Designate for the
Property within the timeline set out in the Ontario Heritage Act;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts
as follows:
1. The building and property known as 91 Madison Avenue South, Kitchener, as
more particularly described in Schedules "B" "C", and "D" to this by-law are hereby
designated as being of cultural value or interest under Part IV, section 29 of the
Ontario Heritage Act, R.S.O. 1990, C. 0.18;
2. The City Solicitor is hereby authorized to cause a copy of this By-law to be
registered against the whole of the property described in Schedule "D" to this by-
law with the Land Registry Office;
3. The City Clerk is hereby authorized to cause a copy of this By-law to be served
upon the registered owners of the property described in Schedule "D" to this by-
law and on the Ontario Heritage Trust; and,
4. The City Clerk is hereby authorized to publish a notice of this By-law in a
newspaper having general circulation in the City of Kitchener.
Page 86 of 198
2024.
PASSED at the Council Chambers in the City of Kitchener this 24th day of June
Mayor
Clerk
Page 87 of 198
SCHEDULE A
NOTICE OF INTENTION TO DESIGNATE
91 Madison Avenue South, KITCHENER
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Page 88 of 198
SCHEDULE B
STATEMENT OF CULTURAL HERITAGE VALUE OR INTEREST
91 Madison Avenue South, KITCHENER
Description of Cultural Heritage Resource
91 Madison Avenue South is located on the southwest corner of the Joseph Street and
Victoria Street South intersection. It is a four -storey early 2o"' century brick building
constructed in the Berlin Industrial Vernacular architectural style and situated on 2.51
acres of land in the City of Kitchener within the Region of Waterloo. The principal resource
that contributes to the heritage value of the property is the building.
Heritage Value
91 Madison Avenue South is recognized for its significant design/physical,
historical/associative, and contextual values.
Design/Physical Value
The design value relates to the architecture of the religious building. The building is a unique
example of the Byzantine and Colonial Revival architectural style in Kitchener and is in excellent
condition.
91 Madison Avenue South is one of the only examples of the Byzantine architectural style within
the City of Kitchener or the Region of Waterloo, the other being 131 Victoria Street South
(currently the Ukrainian Catholic Church of the Transfiguration). 91 Madison Avenue South is
characterized by features such as a rectangular plan; flat roof with dome shaped parapet and
concrete coping; multi -colour brick; pilasters; semi -circular features including decorative brick
work and windows; semi -circular multi -pane hung windows with brick or concrete headers and
concrete sills; square windows with concrete sills; concrete cornice; decorative brick and concrete
details; double 8 -panel door with semi -circular transom; double eight -panel doors; and concrete
foundation.
Front Fagade
The front fagade of the building is symmetrical in its design and massing. It can be divided into
three sections; the northern -most and southern -most sections are each delineated by two
pilasters that extend from the raised concrete foundation and beyond the roofline, capped with
concrete detailing, The two sections also each contain a third pilaster in the centre above a
ground -level door set into the raised concrete foundation. The central pilaster extends
approximately three-quarters of the way up the fapade and is decorated with further concrete
detailing.
The central section contains a set of concrete stairs that lead up to double eight -panel wood doors
topped with a semi -circular transom window with stained glass panes and a voussoir. The doors
are framed by a semi -circular multi -pane window on each side with decorative concrete headers
and sills. The second storey is comprised of two rectangular multi -paned windows with concrete
headers and sills and a central arched concrete section that contains the symbol of the church.
Side Fapades
Page 89 of 198
The north and south side fagades possess five pilasters that divide the wall into five bays. The
first western -most bay contains four; one square, two semi -arched, and one rectangular. The
other four bays contain three windows, one rectangular and two long and semi -arched. The south
fagade has more of the raised concrete foundation exposed due to the slope of the land, and eight
rectangular multi -paned windows are set into it.
Modifications
The Star of David on the front fagade has been replaced by the logo of the Crkva Bo2je Church
of God.
Historical/Associative Value
The historic and associative values of 91 Madison Avenue South relate to the original
owners and use and connects to the theme of early Jewish settlement within the City.
Early Jewish settlement in what was then -Berlin (now Kitchener) involved minimal
organized religion. By 1907, ten families had joined to form an Orthodox synagogue, with
sermons being hosted in the home of one of the members. In the 1920s, a second wave
of European immigrants swelled the Jewish population from 298 in 1921 to 411 ten years
later, and a number of them settled in the Cedar Hill neighbourhood. The property for
Kitchener's first synagogue, the Beth Jacob Synagogue, was purchased from Jacob
Cohen on Albert Street (now Madison Avenue) in 1923. Part of the reason Kitchener was
a draw was a commonality in language; many of them spoke Yiddish, which was close to
the German used by many of the City's other residents at that time. The synagogue
opened in 1924 under the guidance of Rabbi Levine and 61 founding members, whose
names were inscribed on a plaque inside the building. The names of the four founders
originally on stones along the front of the building (Jack Davis, Wolfe Feldman, Samuel
Florence and Max Migdal) have since been removed, and replaced by similar blank
stones.
The property can also provide an understanding of how the diversification of religion
progressed within the City in the early twentieth century. 91 Madison Avenue was the first
synagogue within Berlin, and was established during a time period when the predominant
faith present in the City was Christianity. When a new synagogue was built, the building
was sold in 1963 to the Zion Mennonite Brethren Church. Since 1963, the building has
been occupied by various religious groups, including: Zion Mennonite Brethren Church,-
Our
hurch;Our Lady of the Immaculate Conception Roman Catholic Church; Romanian Church of
God; Grace Presbyterian Fellowship. In 2024, it is the home of the Crkva Bo2je
International Church of God.
Contextual Value
The contextual values relate to the contribution that the religious building makes to the
continuity and character of the Madison Avenue South streetscape and the Cedar Hill
Neighbourhood Cultural Heritage Landscape (CHL). The Cedar Hill Neighbourood CHL
is home to a mix of residential and institutional uses and is characterized by the elevated
topography, narrow street widths, and dramatically long views. Like surrounding
buildings, the 91 Madison Avenue is set back a modest distance from the streetline, with
stairs leading to its entrance to accommodate for the sloped ground. The building is also
of a size and scale reflective of the surrounding area.
91 Madison Avenue is also physically, visually, historically, and functionally linked to its
surroundings. It remains in-situ, maintain its relationship and orientation towards the
Page 90 of 198
street and the topography of the area. Though the congregation has changed, the building
also maintains its original use as a place of worship, therefore maintaining its historic
function within the neighbourhood.
With its distinctive architectural style and its location near the peak of one of the
neighbourhoods large rolling hills, 91 Madison Avenue South is an easily recognizable
building and can be classified as a neighbourhood landmark.
Page 91 of 198
6*y:1=1hill 14111561
DESCRIPTION OF HERITAGE ATTRIBUTES
91 Madison Avenue South, KITCHENER
Description of the Heritage Attributes
The heritage attributes supporting the cultural heritage value or interest of 91 Madison
Avenue South are as follows:
Exterior attributes related to the Byzantine and Colonial Revival
architectural style of the building including:
o rectangular plan;
o flat roof with shaped parapet, concrete coping and cornice;
o multi -colour brick;
o four concrete blocks on front of church;
o doors and multi -paned hung windows on basement level, fixed
windows of glass blocks beneath stairway;
o brick pilasters with concrete coping;
o false buttresses with concrete coping on sides;
o square windows above arched windows on sides;
o semi -circular features including decorative brick work and
windows;
o windows and window openings, including:
■ semi -circular multi -pane hung windows with brick or
concrete headers and concrete sills;
■ square windows with concrete sills;
■ circular windows with stained glass.
o concrete cornice;
o decorative brick and concrete details;
o doors and door openings, including double paneled door with
semi -circular transom; and
o concrete foundation.
• Elements that relate to the buildings contextual value and its
contribution to the Cedar Hill Neighbourhood Cultural Heritage
Landscape, including:
o Original location of the church at the top of the hill; and
o Orientation of the building toward Madison Avenue
Page 92 of 198
SCHEDULE D
LEGAL DESCRIPTION
PT LT 6-7 PL 390 KITCHENER PTS 2 TO 4, 58R10159; KITCHENER
Being all of PIN 22504-0010 (LT)
Page 93 of 198
Staff Report
J
IKgc.;i' r� R
Financial Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: June 24, 2024
SUBMITTED BY: Katie Fischer, Director of Financial Reporting & ERP Solutions, 519-741-
2200 ext. 4630
PREPARED BY: Katie Fischer, Director of Financial Reporting & ERP Solutions, 519-741-
2200 ext. 4630
WARD(S) INVOLVED: All Wards
DATE OF REPORT: June 19, 2024
REPORT NO.: FIN -2024-302
SUBJECT: Canada Community -Building Fund Municipal Funding Agreement
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute the Municipal Funding Agreement for
the transfer of Canada Community -Building Funds, as outlined in report FIN -2024-302;
said agreement to be to the satisfaction of the City Solicitor; and further,
That the City Treasurer be delegated the authority to administer the provisions of the
Municipal Funding Agreement.
REPORT HIGHLIGHTS:
• The purpose of this report is to authorize the execution of the Municipal Funding Agreement
for the Canada Community -Building Funds (CCBF, formerly the Gas Tax Fund).
• The key finding of this report is the agreement must be signed to continue to receive funding.
Changes to the agreement are not anticipated to have significant impacts to the City's
administration of the funds.
• The financial implications are that the City will receive approximately $8M annually in CCBF
funding following execution of the agreement. These funds have already been factored into
the City's Capital Budget forecast.
• This report supports the delivery of core services.
BACKGROUND:
The Canada Community -Building Fund (CCBF, or "the Fund") was formerly called the Gas Tax
Fund. As of June 2021, the Government of Canada renamed the Fund to better reflect the
program's evolution over time. The Fund is the only permanent, stable and predictable source
of funding for municipal infrastructure. The City of Kitchener has been a recipient of the Fund
since its inception in 2005 and has received $124.8M through the Fund since its inception.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 94 of 198
The Governments of Canada, Ontario, the Association of Municipalities of Ontario (AMO) and
Toronto have renewed their Administrative Agreement for the transfer of federal CCBF funds,
which took effect on April 1, 2024. In order to continue to receive CCBF funding, the City of
Kitchener must enter into a new agreement with AMO.
REPORT:
The Government of Canada has committed that the CCBF will continue to provide predictable
funding, without a need for application, to be invested into priority infrastructure projects.
As part of the Government's commitment to making housing more affordable, under the
CCBF's renewed agreement, single- and lower -tier municipalities with a population of 30,000
or more must complete a Housing Needs Assessment (HNA) by March 2025. Municipalities
receiving CCBF funding are expected to utilize the HNA to prioritize projects that support the
growth of the housing supply. The annual reporting will now require information on the impact
that CCBF has on housing pressures tied to infrastructure gaps, the housing supply, and
housing affordability. Each project that the City funds will be required to report "housing
outcomes" which includes the number of housing units and/or affordable housing units
enabled, supported, or preserved.
The City of Kitchener has completed a HNA in 20201 and is in progress of updating it. Further
details on the HNA and housing reporting requirements, as they pertain to the CCBF, are
anticipated to be provided by the Government of Canada and AMO in the coming months.
Staff will continue to review as details become available.
Municipalities can invest CCBF funding in 18 eligible infrastructure categories. The eligible
categories are as follows:
• Broadband connectivity
• Brownfield redevelopment
• Capacity -building
• Community energy systems
• Cultural infrastructure
• Drinking water
• Fire halls
• Local roads and bridges
• Public transit
• Recreational infrastructure
• Regional and local airports
• Resilience (formerly Disaster Mitigation)
• Short -line rail
• Short -sea shipping
• Solid waste
https://www.kitchener.ca/en/resourcesGen era Mow ments/DSD PLAN Kitchener Housing Needs Assessment.
pdf
Page 95 of 198
• Sport infrastructure (excluding facilities housing professional or semi-professional sports
teams)
• Tourism infrastructure
• Wastewater
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
In order for the City of Kitchener to continue receiving CCBF, the agreement must be signed.
Failure to do so would forfeit approximately $8M of annual funding.
The funding allocations for 2024-2028 have been disclosed by AMO, with the allocation for the
City of Kitchener as follows:
Kitchener 1 $8,076,495 1 $8,413,016 1 $8,413,016 1 $8,749,537 1 $8,749,537
These funding allocations align with the projections utilized in the Capital Budget forecast.
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:
• FCS -14-101 Federal Gas Tax Agreement
APPROVED BY: Jonathan Lautenbach, Chief Financial Officer
ATTACHMENTS:
Not Applicable
Page 96 of 198
Staff Report
Infrastructure Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: June 24, 2024
SUBMITTED BY:
Silcox -Childs, Jeffery, Director Parks and Cemeteries,
519-741-2600 ext. 4518
PREPARED BY:
Silcox -Childs, Jeffery, Director Parks and Cemeteries,
519-741-2600 ext. 4518
Fylactou, Helen, Manager Enforcement,
519-741-2600 ext. 7944
WARD(S) INVOLVED:
All
DATE OF REPORT:
June 16, 2024
REPORT NO.: INS -2024-306
SUBJECT: Alcohol Consumption in City Parks Pilot
RECOMMENDATION:
That the 2024 pilot allowing alcohol consumption in select park be deferred; and,
That staff continue to work with Waterloo Regional Police Services (WRPS) to explore
the potential of a future pilot; and,
That staff monitor the Province's expanded alcohol beverage marketplace and
impacts to local communities; and further,
That staff report back to Council at a future date should there be an opportunity to
explore a pilot program in the future.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide recommendations in response to the December
13, 2023 motion for staff to explore an open alcohol consumption pilot in parks in 2024.
• The key finding of this report is to defer the pilot at this time.
• Waterloo Region Police Service (WRPS) have expressed concerns regarding capacity,
public health and safety and the ability to adequately monitor and enforce a parks pilot.
• Impacts of provincial changes making alcohol more widely available are yet to be seen.
• Staff will continue to work with WRPS and monitor impacts of the Province's changes
and consider a pilot in the future.
• Staff have consulted with Parks, By -Law, Economic Development and Legal staff and
WRPS
• There are no financial implications associated with this report.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 97 of 198
BACKGROUND:
In 2019, the Province of Ontario introduced amendments to the Liquor Licence and Control
Act, 2019, S.O. 2019, c. 15, (the Act) to allow open consumption in parks. Consuming
alcohol in public spaces is governed by both the Provincial legislation and the Municipal
Code. If a municipality in Ontario wants to permit alcohol consumption in public spaces, like
parks, Council can do so by amending any applicable municipal code or parks bylaw to
designate specific public place for this purpose.
To date, only the City of Toronto has proceeded with a pilot program. In May 2022, City of
Toronto Council requested staff report back on a potential pilot. The following year, the City
of Toronto initiated their pilot program in May 2023. The program in Toronto was deemed
to be largely successful and is being expanded to other parks throughout the city.
On December 13, 2023, City of Kitchener Council adopted a motion directing staff to:
• identify key criteria for best practice, and consult with bylaw enforcement staff;
• review potential economic benefits that would derive from such a bylaw change;
• consult with Waterloo Regional Police Services to confirm their support, involvement,
education, and enforcement of a pilot;
• explore a pilot that would permit alcohol consumption in Victoria Park, or another
suitable park location from July 1, 2024, to October 31, 2024.
Since the motion was passed, the Province has expanded the sales of alcohol which will
come into effect starting August 1, 2024. Changes will be phased in and allow for the
following:
• August 1, 2024 — existing licensed grocery stores will be able to sell ready -to -drink
alcoholic beverages.(ex. Coolers) in addition to beer, cider and wine.
• September 6, 2024 — all eligible convenience stores will be able to sell beer, cider,
wine and ready -to -drink alcoholic beverages.
• November 1, 2024 — all eligible grocery and big -box stores will be able to sell beer,
cider, wine and ready -to -drink beverages, including in large pack sizes.
The impacts to businesses and the consumption of alcohol because of these changes are
yet to be seen.
REPORT:
Staff have gathered feedback/analysis related to the direction and the following report
content summarizes the information gathered.
1. Criteria
Staff reviewed the criteria used by the City of Toronto whose goal was to provide outdoor
space where alcoholic beverages could be enjoyed; primarily for those living in densely
populated areas in high rise units who did not have access to private outdoor space. This
need was highlighted during the pandemic. Toronto's criteria included the following:
• Permanent or temporary washroom onsite
• Seasonal drinking water onsite
• Park size at least 1.5 hectares
• Not adjacent to schools, if park is smaller than three hectares
Page 98 of 198
• Access to public transit
In addition, consumption of alcohol is not allowed in the following areas of designated parks:
• within the boundary of an outdoor swimming pool or deck; or
• within the boundary of and a 2 metre radius surrounding a: playground safety surface
or playground equipment, wading pool basin or splash pad, skateboard or BMX park,
and a natural or artificial outdoor ice rink
Similar criteria was considered for a pilot in Kitchener with some modifications. Few parks
in Kitchener's downtown core are 1.5ha in size or larger. With the exception of Victoria Park,
most of the downtown parks are smaller. We currently do not provide drinking fountains in
our parks, and many of our parks have adjacent schools which would exclude them from a
pilot.
In recent years, Victoria Park and its neighboring areas have faced multiple enforcement
challenges including the illegal consumption of drugs and alcohol. The community has
struggled with addressing these issues and have voiced concerns about piloting this
project in Victoria Park. Although some of the larger issues have been addressed by
bylaw enforcement staff, there are ongoing bylaw enforcement and WRPS enforcement
issues in Victoria Park that continue to persist and staff are actively trying to address these
concerns. Victoria Park is therefore not recommended as an eligible park for a pilot.
2. Economic Development Considerations
Economic Development staff have reviewed the proposed pilot and feel that if the public
consume alcohol in an appropriate and respectful manner, it could be seen as a positive
improvement for those living in and around the Downtown. The ability to have a casual drink
while enjoying a picnic or outing with friends could be viewed as a desirable amenity. This
is likely to be more appealing to those with limited access to outdoor amenity spaces (ex:
those living in multi -unit dwellings); similar to Toronto's approach. Undoubtably, there will
also be members of the Downtown community who may see the consumption of alcohol,
regardless of the manner in which it's consumed, as a detractor and negative impact to the
park.
Economic Development staff however did express concerns with potential conflicts with
event programing in the park (ex: Ribfest, Bluesfest). Three potential issues include:
1. For licensed events, attendees consuming personal alcohol in the park prior to
entering the event site (showing no signs of intoxication) and becoming quickly
impaired once within the event site. There is potential for the City's risk to
increase as a result of permitting open consumption.
2. For licensed events, specific controls are often put in place to segregate those of
drinking age and those not. While not permitted by the proposed changes, the
risk of underage attendees consuming alcohol within the park prior to entering the
event site could increase.
3. For non -licensed events (ex: Multi -Cultural Festival, Kidspark, etc.), the proposed
permissions would allow consumption of alcohol amidst the event. For some
attendees, this could result in a negative experience or perception of the event.
Page 99 of 198
In terms of direct economic impact, it would be difficult for staff to assess the potential
impacts. However, the two scenarios are likely to be an increase in takeout purchases from
downtown restaurants to consume in the park, or reduced liquor sales for downtown
restaurants as a result of pre -drinking in the park. Recent provincial changes will also have
a yet to be seen impact, but are likely to involve increased sales for licensed stores in close
proximity to designated parks with lesser impacts on restaurants and other establishments
where alcohol is sold.
3. Waterloo Regional Police Services (WRPS) Considerations
Bylaw staff continue to work with WRPS staff whose participation and enforcement of a pilot
would be needed. WRPS have expressed concerns with the proposed pilot citing capacity,
and public health and safety concerns. Recent data shows an increase in alcohol related
incidents throughout the region, and with the coming provincial changes, further impacts are
anticipated.
Without WRPS support, the pilot cannot be properly monitored, and age limits cannot be
easily enforced as police support would be required as they are the only ones who can
enforce laws related to operating a vehicle under the influence, demand identification, and
address drinking underage. Furthermore, it is important to note that bylaw enforcement
staff are not Smart Serve trained and may lack the ability to assess intoxication levels or
effectively enforce regulations. By-law staff are limited in what they can do if they observe
individuals preparing to operate a vehicle.
4. Legal & Risk Considerations
Staff have met with our Legal and Risk Management staff to discuss the proposed pilot.
Considerable risk and liability to the City were noted. Both groups specifically cited concerns
over liquor, occupier liability, joint and several liability, bylaw enforcement and police
enforcement. Any consideration of a pilot should proceed with caution and with support from
WRPS.
5. Provincial Changes Considerations
The Province is phasing in changes to make alcohol more widely available. Starting in
September ready -to -drink alcoholic beverages (ex. Coolers) in addition to beer, cider and
wine will be sold at existing licensed grocery store locations. On September 6, 2024, all
eligible convenience stores will be able to sell beer, cider, wine and ready -to -drink alcoholic
beverages. Lastly, on November 1, 2024, all eligible grocery and big -box stores will be able
to sell beer, cider, wine and ready -to -drink beverages, including in large pack sizes. These
changes will make the availability of alcohol much broader and although the impacts are yet
to be seen, WRPS have expressed their concerns for increased alcohol related incidents.
6. Bylaw Enforcement Considerations
Bylaw staff continue to work closely with WRPS who support city staff on a number of parks
related incidents where enforcement is required. Unfortunately, the number of incidents
continue to increase particularly at Victoria Park. Not all of these incidents are alcohol
Page 100 of 198
related, but should open consumption of alcohol be permitted in the park, there is a concern
by both Bylaw and WRPS that these incidents may increase.
The current parks bylaw does not permit the consumption of alcohol in parks without a
Special Occasion Permit from the AGCO. That process remains in place for special events.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
N/A
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of
the council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports.
APPROVED BY: Denise McGoldrick, General Manager of Infrastructure Services
Michael May, Deputy CAO, General Manager of Community Services
ATTACHMENTS:
none
Page 101 of 198
Staff Report
J
IKgc.;i' r� R
Chief Administrator's Office www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: June 24, 2024
SUBMITTED BY: Margaret Love, Director, Strategy & Corporate Performance 519-741-
2200 ext. 7370
PREPARED BY: Sloane Sweazey, Senior Policy Advisor, 519-741-2200 ext. 7059
WARD(S) INVOLVED: All Wards
DATE OF REPORT: June 17, 2024
REPORT NO.: CAO -2024-305
SUBJECT: Strategic Plan 2019-2022 — Compass Kitchener 2023 Report Card
RECOMMENDATION:
For information.
REPORT HIGHLIGHTS:
• This report presents the Compass Kitchener Advisory Committee's evaluation of six projects
completed in 2023 as part of the 2019-2022 strategic plan.
• Of the projects evaluated, three projects met Compass Kitchener's expectations, two
projects exceeded expectations, and one project was not applicable for evaluation.
• There are no financial implications associated with this report.
• This report helps demonstrate the City's commitment to accountability outlined in its 2019-
2022 strategic plan.
BACKGROUND:
A key role of the Compass Kitchener Advisory Committee is to evaluate the City's progress in
accomplishing the goals set out in the strategic plan on an annual basis. This report card is the
third from Compass Kitchener evaluating completed projects from the 2019-2022 strategic plan.
Two previous report cards were provided to council (December 2021 and May 2023) evaluating
a total of 17 completed projects/sub-projects in the 2019-2022 Strategic Plan. This report card
evaluates six more completed projects/sub-projects.
Compass Kitchener representatives will be making a presentation to council. The report card is
included in Appendix A of this report.
REPORT:
The committee's report card includes an evaluation of six projects that were completed in 2023,
as well as overall observations. In summary:
Two projects exceeded Compass Kitchener's expectations,
Three projects met Compass Kitchener's expectations, and
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 102 of 198
• Compass Kitchener's usual evaluation framework was not applied to one project
as it evolved differently than initially envisioned. Further details are provided in
the report.
Compass Kitchener considered timing, impact, accountability, and budget criteria in their
evaluation, utilizing evaluation criteria previously established in consultation with Kitchener's
Corporate Leadership Team for earlier report cards. Projects were awarded ratings of exceeded
expectations, met expectations, or did not meet expectations. Each project evaluation details
Compass Kitchener's rating, as well as highlights and notes for the future.
For ease of reference, the report card contains a detailed list of all 2019-2022 Strategic Plan
actions, alongside their evaluation ratings or expected completion dates for those still in
progress. Eight projects are incomplete: six target completion in 2024, one in 2025, and one is
ongoing.
Additionally, Compass Kitchener suggests three key recommendations as the city moves
forward with the implementation of the 2023-2026 strategic plan.
STRATEGIC PLAN ALIGNMENT:
The 2019-2022 strategic plan states: "We are committed to being accountable to the community
we serve. The 2019-2022 strategic plan contains measurable, specific actions and a timeline for
completion. Our long-term financial plan, budgets and annual business plans will be aligned to
implement the strategic plan. We will measure and report on our progress to council and the
public throughout the life of this plan. We will report to council three times a year and share
results (both our successes and challenges) with Kitchener residents. The City's Compass
Kitchener Citizen Advisory Committee will review and assess our progress, and publicly report
on an annual basis how well we are doing."
Compass Kitchener's evaluation helps implement the city's commitment to accountability.
FINANCIAL IMPLICATIONS:
Capital Budget — The report has no impact on the Capital Budget.
Operating Budget — The report 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.
COLLABORATE — Compass Kitchener members collaborated throughout the development of
this report. Small groups evaluated each of the six projects contained in the report card,
developing observations and recommendations. All members contributed meaningfully to the
report included and approve of its contents.
PREVIOUS REPORTS/AUTHORITIES:
CAO -21-005 Compass Kitchener Strategic Plan Evaluation
CAO -2023-250 Strategic Plan 2019-2022 — Compass Kitchener Report Card
Page 103 of 198
APPROVED BY: Dan Chapman, Chief Administrative Officer
ATTACHMENTS:
Attachment A — Strategic Plan 2019-2022 Report Card #3
Page 104 of 198
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Page 105 of 199
Ilf xe i it, i've Surn'T'iary
This report card is the third from Compass Kitchener evaluating completed Strategic Plan 2019-
2022 projects. Two previous report cards were provided to City Council (December 2021 and May
2023) covering evaluation of a total of the first 17 completed projects/sub-projects in the 2019-
2022 Strategic Plan. This third report card evaluates six more completed projects/sub-projects.
• Two projects exceeded Compass Kitchener's expectations,
• Three projects met Compass Kitchener's expectations, and
• Compass Kitchener's usual evaluation framework was not applied to one project as it
evolved differently than initially envisioned.
• Eight projects are incomplete: six target completion in 2024, one in 2025, and one is
ongoing.
Overall Observations
Compass Kitchener commends the City on the impressive advancement of its 2019-2022
Strategic Plan, despite major disruptions caused by the pandemic. The Committee highlighted
key messages on:
• the 23 2019-2022 Strategic Plan projects/sub-projects that have been completed;
• the overall quality of the work done (10 projects met and 10 projects exceeded Compass
Kitchener's expectations);
• the continuing work on projects that remain;
• the continued evolution and growing effectiveness of public consultation processes;
• the notable customer service improvements (through the Customer Satisfaction Program, the
Customer Experience Review Project, and the impressive new Customer Service Centre); and
• the successful ramping up of the City's activities, programs, and operations post -pandemic,
returning them to full capacity.
Looking Ahead
The Committee provides a number of observations and suggestions based on its review of
projects/sub-projects in the 2019-2022 Strategic Plan and its look ahead to the new 2023-2026
Strategic Plan. The main topics addressed are:
• Post-COVID Ramp -Up;
• Housing Affordability;
• The Growing Crisis of Social Isolation and Loneliness
• Arts and Culture Master Plan;
• Customer Service;
•
Delayed/ Deferred Projects;
• Project Budgets and Financial Data; and
• The 2023-2026 Strategic Plan.
Page 106 of 199
Key Recommendations
Compass Kitchener suggests three key recommendations as the City moves forward with the
implementation of the 2023-2026 Strategic Plan:
1. FOCUS ON THE INDICATORS OF SUCCESS AND PRIORITIZE DATA COLLECTION AND ANALYSIS
It will be key to:
o maintain focus on, and continue to refine, the key indicators of success associated
with each of the five goal areas in the strategic plan; and
o use that focus to refine and adjust priorities for data collection and analysis to
provide Staff and Council with the best information on which to base decisions.
2. BE PROACTIVE, PRIORITY -DRIVEN AND ADAPTIVE
Given the pressing issues faced in our community, and the rate of change in the environment
in which it operates, be proactive, priority -driven, and adaptive:
o keep abreast of shifting priorities through public engagement;
o review and reassess priorities based on new developments and public input; and
o proactively adapt to change.
The new, more adaptive, strategic plan provides a platform that supports responding nimbly
and proactively to change.
3. CONTINUE TO ACTIVELY SUPPORT THE EVOLUTION AND EFFECTIVENESS OF PUBLIC
CONSULTATION PROCESSES
The value of effective public engagement was evident across projects in the 2019-2022
Strategic Plan. It is important to continue building upon the City's evolving and increasingly
effective public engagement process. As more City staff participate in the design and
conduct of public engagement, it will be key to ensure that training and facilitation
resources are available as needed to support staff and the success of their work.
Page 107 of 199
Results of Compass Kitchener's Evaluations of All Completed 2019-2022 Strategic Plan Projects/Sub-Projects
Overall Evaluation of Completed Projects
Expected
Completion
GOAL
PROJECT
Sub-Projects Separated Out
Exceeded
Expectations
Met Expectations
Did Not Meet
Expectations
Complete Streets
_ _ _ _ _ _
_ _ _ ✓_ _ _
___ _ _ _
Bikeshare Program
--------------------------------------
_________________People
Protected Cycling Network
2024
People Friendly
Transportation
Cycling and Trails Masterplan
connectivity and winter
J
maintenance
I _ _ _I_
✓
_ _ ✓_ _ _
I ___ _ _ _
Pedestrian First Streets
Corporate Climate Action Plan
Energy Efficiency Reserve Fund
✓
Community Climate Action Plan
✓
Environmental
Leadership
Sustainable Urban Forest
Strategy - tree canopy + tree
✓
planting
Waste Diversion Strategy
J
Urban Design Manual
✓
Incubator and Accelerator
Network
2024
Make it Kitchener 2.0
Strategy
J
City Property Review +
City Property Review
2024
Vibrant Economy
Property to Market
Property to Market Ongoing;
---------------------------------
Develop a ision or
Downtown, Innovation
District (Bramm Yard) Master
Plan and Civic District Master
Downtown Vision
Innovation District (Gramm ---------------------------------
2024
Yards) Master Plan — —------- ----- _ ---------------
Civic District Master Plan N/A
-------------------------------------
J
Equity, Diversity and
Inclusion Strategy
Affordable Housing Strategy
✓
Reduce Social Stigmas
✓
Mill Courtland Community
✓
aringCommunitOpen
Space Strategy +
Equitable Facility
Centre Business Case i i i i
osen erg:. ommuni y-----------------------—'--------
Centre Expansion Business 2025
Complete Huron Brigadoon
Distribution
Community Centre
Open Space Strategy
2024
Arts and Culture Plan
2024
Multi-language
Interpretation Support
✓
Customer Satisfaction
Program
J
Great Customer
Service
Online Customer Service
Portal
Set and Communicate
Service Levels
✓
Customer Experience Review
j j ✓ j j
yet to be completed 10 10 2
TOTALI
8 Projects/Sub-Projects
LEGEND
lGrey Background I Projects/Sub Projects still to be completed
------------------- Page 108 of 199
L--
Dotted border Projects evaluated in this report
-----------------
Page 109 of 19A
I IWlA e f
Executive Summary
Compass Kitchener
Evaluation Approach
2023 Project Evaluations
PEOPLE -FRIENDLY TRANSPORTATION
Bikeshare Program
Pedestrian -First Streets
VIBRANT ECONOMY
Civic District Master Plan
Downtown Vision
CARING COMMUNITY
Mill Courtland Community Centre Expansion Business Case
GREAT CUSTOMER SERVICE
Customer Experience Review Program
Overall Observations and Looking Ahead
Development Et Implementation of the 2023-2026 Strategic Plan
In Closing
-2
-7
-8
10
10
10
11
12
12
13
14
14
15
15
16
18
20
Page 110 of 19A
viii. III ss Ill .itdheii ei'-
Compass Kitchener
Compass Kitchener consists of community volunteers and serves as an advisory committee
appointed by and reporting to Kitchener City Council. It creates and leads Strategic Plan public
engagement processes, determines community concerns, and identifies priorities for action.
The Committee also monitors and evaluates progress on implementation of the Strategic Plan
and achievement of the community vision and reports to Council on the outcome of this
evaluation.
This report has been prepared by the following members of the Compass Kitchener Advisory
Committee:
Judy Stephens -Wells (Chair)
Troy Glover (Vice -Chair)
Kim Brabazon
Alide Forstmanis
Wasai Rahimi
Linda Terry
Lee -Anne Thompson
Lori Trumper
James Young
Page 111 of 199
Compass Kitchener approached this evaluation as interested community members and considered
timing, impact, accountability, and budget criteria in its assessment. Compass Kitchener
considered evaluation criteria for the strategic actions developed in consultation with Kitchener's
Corporate Leadership Team. The following questions guided the evaluation:
• How did strategic actions deliver on anticipated or desired impacts?
• How did progress on, or completion of, strategic actions make a
difference in the city and for citizens?
• Were progress reports relevant, timely and publicly profiled?
• How well was the public engaged?
• •;
Page 112 of 19A
Evaluation Rating
After completing the evaluation process Compass Kitchener rated completed actions as:
• Exceeds Expectations;
• Meets Expectations; or
• Does Not Meet Expectations.
The following chart explains the classification for the three rating categories:
Exceeds
E.pectati ns
- Set and met challenging
Objectives and showed
initiative in meeting them
- Proactively planned,
problem solved and
initiated solutions
- Stepped outside of
existing responsibilities to
add value
- Puts the public at centre
of work
- Identifies breakthrough
Concepts
- Is regarded as a
knowledgeable resource
- Exhibits mastery
- Impacts exceed specified
criteria
- Elevates strategic plan
eets
l"' pectab ns
- Models values of caring,
innovation, and vibrancy
Achieves specified criteria
Meets the City's high-
performance reputation
- Contributes positively to
the success of the City
- Is an exceptional contributor to strategic
plan success
f'es Not Meet
�'w;x.Ilpeta'mns
- Late delivery of
deliverables without
explanation or valid
reasons
- Poor quality of
deliverables (lack of clarity)
- Poor quantity of
deliverables
- Non-delivery of
deliverables
Page 113 of 199
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Transform how people move through the city by making the transportation network safe, convenient,
comfortable, and connected.
Bikeshare Program
Bikeshare Program
Report Card
Strategic Goal Action: Encourage and incentivize alternative modes of
transportation by developing and subsidizing a bikeshare program by 2021.
Compass Kitchener's Specific Community Impact Criteria
More people are using bikes and for a wider variety of trips, number of
rentals, people, bikes, and bike parking facilities.
eiirallIlf..:..'va(uatiiion :Ilf..:..' tee sIlf..:..' Il ec a ions
Highlights
• A new e -scooter and a -bike share program began on April 14, 2023,
throughout Waterloo Region.
• It became a regional initiative in which the city participated, though
the city did have significant input into the selection of the provider
• Revenue neutral initiative that encourages micro -mobility and
mitigates carbon output (i.e. saved 12 tonnes of carbon emissions).
• High uptake among the public, including covering over 190,000 rides,
totally over 360,000 km travelled.
• According to Neuron, the provider, the initiative injected $8.2 million
into the region's economy.
Notes for the Future
• Continue efforts to educate public on proper usage to decrease the
potential for injury.
• Expand the service area in which a -bikes and e -scooters can be
accessed and used.
• Collect separate information about usage of a -bikes and e -scooters
• Consider a public awareness campaign to promote greater etiquette in
using and parking a -bikes and e -scooters.
Page 114 of lig
Pedestrian -First Streets
Pedestrian -First Streets
Report Card
Strategic Goal Action: Develop a plan to create pedestrian -first streets
between Victoria Park and City Hall and between the ION and Kitchener
Market by 2022.
Compass Kitchener's Specific Community Impact Criteria
Number of connected adjacent neighbourhoods (of the total) by a continuous
link.
Overall II valuati an: eetsIIS; IIC' ectaflans IN/
Highlights
• The pedestrianization of the Gaukel Block was completed in June 2023;
with only one item left to finish, the pedestrianization of the Market
District will be completed in June 2024.
• The Gaukel Block activation was supported by the Federal Economic
Development Agency for Southern Ontario.
• The Market District Activation includes mid -week markets and concerts,
urban agriculture, programming, and seating.
• Both activations serve as welcome community hubs for local
programming.
Notes for the Future
• Ongoing community programming will be important to ensure an
engaging community space for the public.
• Continue seeking public input regarding programming and space use.
• Consider other areas of the downtown and wider city in which to
pedestrianize streets.
Page 115 of lig
IIIIIIIII II )...IIL.. III; VIII'`
Build a vibrant city by making investments to support job creation, economic prosperity, thriving arts
and culture and great places to live.
Civic District Master Plan
Civic District Master Plan
Report Card
Strategic Goal Action: Finalize the Civic District Master Plan (CDMP) by 2022.
As the CDMP received approval by Council in 2009, the intent was to review
and update it.
Compass Kitchener's Specific Community Impact Criteria
Number and nature of opportunities realized and broad public support for the
plan.
Overall II a(uatiiioin: IWA
City Staff's review of the CDMP determined the plan, which was written with
a long-term lens, remains relevant with no need for updating. Work on
Growing Together, developing the planning framework for Kitchener's Major
Transit Station Areas, incorporated changes in support of the goals of the
CDMP. As review and revision of the CDMP evolved differently than originally
planned, the usual evaluation framework was not applied to this project.
Highlights
• Importantly, staff reaffirmed the relevance of the CDMP, thereby
underscoring its importance as a focus for arts and culture.
• Growing Together introduced changes supporting inclusion of an
educational institution, residential uses, and public/private
partnerships, which will facilitate development in the Civic District.
• Building elements supportive of the CDMP into Growing Together
reflects an effective use of City resources and ensured inter -related
projects are not siloed, but are considered together.
Notes for the Future
• Update the text in the plan to make it a more current, living
document.
• Make the CDMP more readily available on the City's website.
• Focus on ways to enhance animated connections between the Civic
District and Downtown Kitchener.
Page 116 of lig
Downtown Vision
Downtown Vision
Report Card
Strategic Goal Action: Develop a vision for downtown Kitchener and continue
to position downtown Kitchener as a leading destination for redevelopment
opportunities.
Compass Kitchener's Specific Community Impact Criteria
This project involved development of a Downtown Vision. Therefore, no
specific impact criteria were developed.
v iirallIlf..:..' a(uati an: Ilf;;;;: c s 11:..:.;,xpectatiains
Highlights
• Development of the vision and guiding principles was based on an
exceptional public engagement process through which the public
provided input in numerous ways. The results reflect an impressive
level of public participation and input.
• The vision and three principles outlined are clear and well-developed.
Notes for the Future
• Update the City's Downtown Kitchener Vision project page
(lh� t.Ps://www.lk..tclheneir.c /_ irk/stir t J ....1 fans,..and,..
irc°acts/dowintowin lkirclheineir vis6oin.as x) and the Downtown Strategy
page (1h.t- ps.®._/._/.................Ikiitclheneir.ca/en/bu.�siiness...iiin...lkntclheneir/downtown..
...............................................................................................................................................................................................................................................................................................................
Ikiilhnirnir:.sirGgyos�) to reflect the completion and approval of the
new vision and guiding principles.
• Follow through with the vision and guiding principles to impact the
downtown.
Page 117 of lig
'.' III III III A � (,')MMUI,, III I "
Enhance people's sense of belonging and connection by providing welcoming community spaces and
programs; better engaging, serving and supporting our diverse populations and helping to make housing
affordable.
Mill Courtland Community Centre Expansion Business Case
Mill Courtland Community Centre Expansion Business Case
Report Card
Strategic Goal Action: Complete a needs assessment and business case to
determine the requirements for an addition to the Mill Courtland Community
Centre.
Compass Kitchener's Specific Community Impact Criteria
Was the project started on time?
erallIlf..:..' aluatiiion eetsIlf..:..' Ill e tations S/
Highlights
• Extensive consultation process with the community and users of the
centre.
• Proposed design elements address many community needs, including
accessibility and language considerations, incorporating Indigenous
design with sustainability initiatives.
• Overall, the business case is well -researched and the recommendations
demonstrate innovation, inclusion, and diversity.
Notes for the Future
• Estimated cost of proposal is approximately $1.5 million over budget,
so prioritize critical components in the detailed design phase.
• Use this business case consultation process as a model for future
recreation centre builds/expansions, especially its use of partnerships
to offer meaningful programming and a community hub for the
neighbourhoods it serves.
Page 118 of lig
IIIIII;:...... w`. �...IIL.. w III III° III;:III:?
111111;
Increase people's satisfaction, trust and engagement with the City by providing friendly, easy and
convenient services.
Customer Experience Review Program
Customer Experience Review Report Card
Strategic Goal Action: Implement a comprehensive Customer Experience
Review Program to help ensure services are easy and convenient to access
from the customer's perspective by 2022.
Compass Kitchener's Specific Community Impact Criteria
Results/improvements are made public and % improvement (i.e. shift from
negative to positive feedback) over time is included in reporting.
Overall IIEva(uatiiioinMeets IIExllC,)ectatloins
Highlights
• Data gathered through the Customer Satisfaction Program led staff to
identify three customer service areas in need of attention:
o The MyUtilities widget in MyKitchener
o Accessing Revenue/ Kitchener Utilities by phone
o ActiveNet program used in community centres
• 17 recommendations to improve service have been implemented and
19 are in progress. Several of the improvements in progress will be
accomplished upon implementation of the new MyUtilities widget and
the new telephone system.
• In this active problem -solving project, staff were efficient in their use
of time and city resources and avoided redundancies.
• The City's innovative custom MyUtilities widget, developed with an
outside vendor, led the vendor to develop a standard product template
for use by other municipalities.
Notes for the Future
• Assess the full impact of recent improvements and those scheduled for
the near future.
• Define a clear follow-up plan for collecting new customer satisfaction
data to ensure transparency and accountability.
• The number of issues identified and solutions found/implemented
indicates the value of this program and the benefit of its continuation.
Page 119 of lig
Overall� ��iii � iiia IIII
im� iii �mm ilii iii i
POST-COVID RAMP -UP
Compass Kitchener welcomes the City's successful return to pre -pandemic levels of
activity, operation, and programming. It also appreciates the City's development of a
policy framework to guide hybrid work where appropriate.
HOUSING AFFORDABILITY
Housing affordability remains a key concern. While municipalities are not responsible
for building housing, there are numerous ways they can actively help resolve
homelessness and the housing affordability crisis affecting residents across the full
housing spectrum (e.g. provision of land for shelters or supportive housing, zoning,
inclusionary zoning policies, etc.) Compass Kitchener encourages the City to continue
to make every possible effort to actively participate in developing innovative, practical
solutions to this crisis, focusing its efforts specifically on those areas in which the City
can be impactful.
THE GROWING CRISIS OF SOCIAL ISOLATION AND LONELINESS
Compass Kitchener strongly urges Council to recognize the urgent need for action on
the pressing issue of social isolation and loneliness within our community. Kitchener,
like so many communities across Canada, grapples with an epidemic of loneliness that
adversely affects the wellbeing of its residents. Research shows that social isolation
and loneliness have profound negative impacts on physical and mental health, leading
to increased risk of chronic diseases, depression, and even premature mortality. By
declaring social isolation and loneliness an epidemic, the City of Kitchener has the
opportunity to lead the nation as the first municipality in Canada to acknowledge and
address this critical public health issue. Such a declaration would not only raise critical
awareness, but also pave the way for innovative solutions and collaborative efforts to
foster a more connected and supportive community in line with the aspirations of our
newest strategic plan. At a time when recognition of this crisis remains lacking at the
Provincial and Federal levels, the City of Kitchener can seize this opportunity to set a
precedent and inspire other municipalities to follow suit, thereby catalyzing a
nationwide movement toward combating loneliness, promoting social cohesion, and
creating the conditions for a greater sense of belonging.
Page 120 of 1 ih
ARTS AND CULTURE MASTER PLAN
Compass Kitchener recognizes artists and arts and cultural organizations remain
particularly vulnerable in this post -pandemic period. This vulnerability arises for three
reasons:
• continued disruption of audience attendance patterns;
• insufficient public and private funding of the arts arising from competing
demands for support; and
• inflationary pressures.
Given the enormous social, economic, and community -building value of arts and
culture, Compass Kitchener encourages the City to proceed with developing its Arts and
Culture Master Plan. Through it, the City can craft strategies to help strengthen and
sustain this sector at this critical inflection point. A strong and innovative Arts and
Culture Master Plan will both bolster the vibrancy, livability, and wellbeing of our
community and help retain healthy levels of employment in this important sector.
CUSTOMER SERVICE
Given that the 2019-2022 Strategic plan put significant emphasis on improvements to
customer service, Compass Kitchener welcomes the innovative new Customer Service
Centre located on the main floor of City Hall. It provides an accessible and efficient
interface for community members to connect with knowledgeable staff regarding the
broad range of services provided by the City.
DELAYED/DEFERRED PROJECTS
Eight projects or sub -projects from the 2019-2022 plan remain incomplete. Compass
Kitchener looks forward to receiving updates on their progress to enable their
evaluation upon completion.
PROJECT BUDGETS AND FINANCIAL DATA
Given public interest in financial accountability, Compass Kitchener has always
intended to review actual project expenses in relation to approved budgets. However,
this information has generally been unavailable. Accordingly, we encourage the City to
share this information, where available, to inform our evaluation process.
Page 121 of 1 ig
Illi iii �iir IIII it Illi rwi iir v t . r, n .
IIII. iir,�m ...�.� � �� �°��� � � � .i�iii � � c Illi° an
In 2023, Compass Kitchener planned and facilitated public engagement activities to
assist with the development of the 2023-2026 Strategic Plan. Accordingly, it seems
appropriate for Compass Kitchener to comment on the new strategic plan and its
development in this report card. Overall, Compass Kitchener fully supports the new
strategic plan.
PUBLIC ENGAGEMENT AND STAFF TRAINING
We applaud the level of public engagement invested in the development of the new
plan, especially the inclusion of the Resident Panel. Resident Panel members
responded positively to being involved in the process and felt their participation had a
real impact on and added value to the development of the strategic plan.
The Resident Panel represented an excellent example of meaningful public
engagement and was of particular interest to Compass Kitchener as an innovative new
form of public engagement in the City's strategic planning process. Compass Kitchener
welcomes the improvements to the City's public engagement activities that were key
to many of the 2019-2022 Strategic Plan projects.
SUSTAINABILITY AND CLIMATE CHANGE
Numerous strategies to advance sustainability, the impacts of which directly affect life
in Kitchener and beyond, received thoughtful consideration in the development of the
2023-2026 Strategic Plan. The City deserves praise for its continued efforts to integrate
and localize many of the United Nations Sustainable Development Goals in its strategic
plan. We encourage the City to continue its efforts to proactively forecast, mitigate,
and adapt to the inevitable and growing effects of climate change.
FOCUS ON OUTCOMES AND PRIORITIZE DATA COLLECTION
Compass Kitchener supports the City's efforts to identify and measure outcomes for
each of the five goal areas in its new strategic plan. The work undertaken to identify
strategic indicators underpins the framework for effective evaluation. It will guide
efforts to fine-tune and prioritize data collection and ensure that the best and most
relevant data are available to staff and Council when making important decisions.
A MORE ADAPTIVE PLAN
Compass Kitchener supports Council and Staff's decision to develop a more adaptive
plan that identifies five goal areas and prioritized projects for focus in the first couple
of years, while still outlining the projects of focus over the balance of the four-year
term. In the past, the City planned more projects (sometimes substantially more) than
could be accomplished over the term of the plan, sometimes as a result of unforeseen
Page 122 of 1 ig
circumstances (e.g. the COVID-19 crisis). Compass Kitchener believes the City's new
adaptive approach will:
• strengthen the City's ability to adapt and reprioritize in the face of unexpected
changes;
• support division of large projects into stages, the impact of which can be
assessed along the way; and
• aid in planning projects that are ambitious while still realistic in number and
scale.
To maintain momentum over the four years of the plan, Compass Kitchener encourages
the City to set clear timelines for the projects initially outlined, as well as those
subsequently added to the plan. A more adaptive plan calls for regular and clear
communication with the public about progress on and adjustments to individual
projects, while also informing the public about new projects as they begin.
TRACKING AND SHARING STRATEGIC PLAN PROGRESS ON THE CITY'S WEBSITE
In previous years, Compass Kitchener encouraged the City to add a feature to its
website that reports progress on implementation of the strategic plan. Accordingly, we
are pleased to see this recommendation adopted. Our committee sincerely hopes that
progress on projects in the new strategic plan will be similarly documented on the
City's website to keep the public informed about the City's work and accomplishments.
Page 123 of 1 ig
iiia ctosiiiia
Compass Kitchener commends the City on:
• the 23 2019-2022 Strategic Plan projects/sub-projects that have been completed;
• the overall quality of the work done (10 projects met and 10 projects exceeded Compass
Kitchener's expectations);
• the continuing work on projects that remain;
• the continued evolution and growing effectiveness of public consultation processes;
• the notable customer service improvements (through the Customer Satisfaction Program, the
Customer Experience Review Project, and the impressive new Customer Service Centre); and
• the successful ramping up of the City's activities, programs, and operations post -pandemic,
returning them to full capacity.
As the City's focus shifts from the 2019-2022 Strategic Plan to implementation of the 2023-2026
Strategic Plan, Compass Kitchener suggests three recommendations as the City moves forward:
1. FOCUS ON THE INDICATORS OF SUCCESS AND PRIORITIZE DATA COLLECTION AND ANALYSIS
It will be key to:
o maintain focus on, and continue to refine, the key indicators of success associated
with each of the five goal areas in the strategic plan; and
o use that focus to refine and adjust priorities for data collection and analysis to
provide Staff and Council with the best information on which to base decisions.
2. BE PROACTIVE, PRIORITY -DRIVEN AND ADAPTIVE
Given the pressing issues faced in our community, and the rate of change in the environment
in which it operates, be proactive, priority -driven, and adaptive:
o keep abreast of shifting priorities through public engagement;
o review and reassess priorities based on new developments and public input; and
o proactively adapt to change.
The new, more adaptive, strategic plan provides a platform that supports responding nimbly
and proactively to change.
3. CONTINUE TO ACTIVELY SUPPORT THE EVOLUTION AND EFFECTIVENESS OF PUBLIC
CONSULTATION PROCESSES
The value of effective public engagement was evident across projects in the 2019-2022
Strategic Plan. It is important to continue building upon the City's evolving and increasingly
effective public engagement process. As more City staff participate in the design and
conduct of public engagement, it will be key to ensure that training and facilitation
resources are available as needed to support staff and the success of their work.
Page 124 of 1 A
Staff Repod
Financial Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: June 24, 2024
SUBMITTED BY: Katie Fischer, Director of Financial Reporting & ERP Solutions, 519-741-
2200 ext. 4630
PREPARED BY: Mark Gallas, Investment & Treasury Analyst, 519-741-2200 ext. 7340
WARD(S) INVOLVED: N/A
DATE OF REPORT: June 11, 2024
REPORT NO.: FIN -2024-298
SUBJECT: 2023 Grant Summary
RECOMMENDATION:
For Information
REPORT HIGHLIGHTS:
• The purpose of this report is to provide Council with requested information regarding grants
for 2023.
• During 2023 the City of Kitchener received or was approved for $50M of external grant
funding.
• This report supports the delivery of core services.
BACKGROUND:
To support effective and transparent financial governance, staff provide an annual update on
grant applications that have been received or approved. This report includes information
regarding grants for 2023, and the four-year period since 2020 when staff began tracking this
detail.
REPORT:
During 2023 the City of Kitchener received or was approved for $50M of external grant funding.
Over half of this funding ($42M) relates to the Housing Accelerator Fund which will be received
over a number of years to help the City increase its housing supply.
In total, the City has received or been approved for $177.2M in grant funding for the four-year
period from 2020 through 2023.
Year Grants Approved
2020
76,461,710
2021
41,137,635
2022
9,632,372
2023
50,022,862
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 125 of 198
Year Grants Approved
Total $177,254,579
Refer to Appendix A for more details.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Grant funding received from other levels of government or other third -party organizations help
reduce the cost to the City to provide valued programs and services to its citizens. Without these
grants, the City would have to consider other options such as:
• Increasing tax/user rates
• Reducing project scope
• Cancelling projects
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
• FIN -2022-312 Grant Update
APPROVED BY: Jonathan Lautenbach, Chief Financial Officer
ATTACHMENTS:
Attachment A — Grant Applications Approved or Funding Received
Page 126 of 198
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Staff Report
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Financial Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: June 24, 2024
SUBMITTED BY: Katie Fischer, Director of Financial Reporting & ERP Solutions, 519-741-
2200 ext. 4630
PREPARED BY: Mark Gallas, Investment and Treasury Analyst, 519-741-2200 ext. 7340
WARD(S) INVOLVED: All Wards
DATE OF REPORT: June 14, 2024
REPORT NO.: FIN -2024-192
SUBJECT: 2023 Development Charge Reserve Fund Report
RECOMMENDATION:
For Information
REPORT HIGHLIGHTS:
The purpose of this report is to provide a summary of development charges that have
been received and spent in 2023.
The key finding of this report shows an ending balance in the development charge
reserve funds of -$3.3M. After factoring in funds committed within existing capital
projects, the total development charge funds held by the City as at December 31, 2023
was $56.OM.
• This report supports the delivery of core services.
BACKGROUND:
Section 43 of the Development Charges Act, 1997 (the "Act") requires that the Treasurer submit
to Council an annual statement of the development charge reserve funds.
REPORT:
Summary of Development Charges Legislation:
The Act provides the authority and process for the imposition and collection of development
charges (DCs). DCs are generally paid as a part of the building permit process and are
collected to fund capital costs for services as allowed by provincial legislation.
A summary of the DC Reserve Fund by Category of Service is found in Table A.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 129 of 198
As part of Bill 108, More Homes, More Choice Act, 2019, parking services and cemetery
services are no longer eligible services under the Development Charges Act. The funds
collected to date are now deemed under the Act to be a general capital reserve fund for the
same purposes for which it was originally collected. The Parking and Cemetery funds are
reported in the 2023 development charges statement for transparency.
Determination of DCs:
A DC Background Study is required to be completed when updating a DC by-law, which was
completed with the passage of by-law 2022-071 effective July 1, 2022. The by-law is valid for a
period of up to 5 years. The Act stipulates that the DC rates may be indexed each year that the
by-law remains in effect. As such, the City of Kitchener indexes the DC rates based on the
non-residential construction price index, as provided by Statistics Canada, on December 1 of
each year. In 2023, there were two different DC rate periods in effect, as set out in Table D.
The rates shown incorporate the mandatory phasing -in discount as a result of Bill 23, More
Homes Built Faster Act, 2022. With these changes to the Act, only 80% of the calculated DC
rate can be charged in year one after a by-law is enacted, increasing to 85% in year two. The
phase-in results in an effective discount of 20% for the period December 1, 2022 to November
31, 2023, and an effective discount of 15% for the period since December 1, 2023.
Note that Bill 185, Cutting Red Tape to Build More Homes Act, 2024, removed the mandatory
phase-in discount for new applications effective June 6, 2024.
DC Reserve Funds
DC revenues in 2023 total $30.5M, which is an increase from the 2022 revenues of $26.01VI.
DC expenses in 2023 total $48.8M, an increase from 2022 expenses of $29.1 M. Detailed lists
of the DC Expenses are included Transactions in Attachment B.
The DC reserve funds at December 31, 2023 had an total balance of $-3.3M compared to
$14.01VI at the end of 2022. After factoring in funds committed within existing capital projects,
the total development charge funds held by the City as at December 31, 2023 was $56.01VI.
The overall reserve balance is broken out Table A.
Some services may reflect a negative or overdrawn position while others reflect a positive
balance. Development charge reserve funds can experience an overdrawn position due to the
timing of the emplacement of infrastructure ahead of complete funding being available. This
overdrawn position is recovered through future funds to be received from developers. When
the background study was completed, the reserve balances in each service were included in
the DC rate calculation, therefore over time, it is anticipated that the deficits will be recovered,
and the positive balances utilized.
Page 130 of 198
Exemptions and Discounts
DC exemptions and discounts in 2023 total $19.5M. A summary of major exemptions and
discounts is included in Table F.
Credit/Refund Agreements
The City may, by agreement, permit a developer to provide services for development of land in
lieu of payment of the DC. At December 31, 2023, credits of $10.7M were outstanding
compared to $21.5M at the end of 2022. Refer to Table C.
Deferral Agreements
The DC Act allows for the deferral of payment of DCs until occupancy for rental housing and
institutional developments. The City has entered into 40 deferral agreements by the end of
2023, with a total receivable balance of $15.3M, compared to 24 agreements with a total
receivable balance of $10.7M at the end of 2022. Refer to Table E for more details.
By -la
The City's DC by-law, 2022-071, came into effect July 1, 2022 for a term of no longer than five
years.
For all services with the exception of Stormwater, the City expects to, at minimum, incur over
the life of the by-law (from 2022 to 2027) the same amount of capital costs that were estimated
for the same time period in the background study. For the Stormwater service, projected
capital costs have shifted to future years beyond the expiry of the City's by-law in 2027. The
background study calculating these rates had utilized a 14 -year planning horizon, from 2022 to
2036. Overall, the capital costs projected over the entire 14 -year horizon remain relevant.
There were no services for which a development charge was collected during the year but no
money was spent.
No Additional levies
The City of Kitchener has not imposed, directly or indirectly, a charge related to a development
or a requirement to construct a service related to a development, except as permitted by the
Act or another Act.
Page 131 of 198
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Financial implications are discussed above and detailed in the attached appendices.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
• FIN -2022-280 2022 Development Charges (DC) — Bylaw Passage
• By -Law Number 2022-071
• Development Charges Act, 1997
APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services
ATTACHMENTS:
Attachment A
— Table A Summary by Service
Attachment B
— Table B Development Charge Expenses
Attachment C
— Table C Credit For Service
Attachment D
— Table D Development Charge Rates
Attachment E
— Table E Deferral Agreements
Attachment F —
Table F Exemptions and Discounts
Page 132 of 198
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Table C
Credit for Service
Balance Balance
Client Service 31 -Dec -22 New Agreement Credits Used Refund Given 31 -Dec -23
Peter Dietrich Kruse Lower Hidden Valley 6,003 6,003
Activa Holdings Inc.
Strasburg Creek
2,403
2,403
Activa Holdings Inc.
Laurentian
295,772
295,772
Activa Holdings Inc.
Blair Creek Drive
257,749
257,749
-
Activa Holdings Inc.
Ottawa Trussler Pumping
6,800,000
6,800,000
-
Various
Mid Strasburg Trunk
4,026,646
55,248
3,585,616
385,782
Activa Holdings Inc.
Dodge Dr Sanitary Sewer
10,103,720
121,732
9,981,988
Deer Ridge Heights Inc.
Community Trail
49,701
44,515
5,186
Total
21,541,994
221,495
10,643,365
10, 677,134
Page 136 of 198
Table D
Development Charge Rates
(effective from December 1, 2022 to November 30, 2023)
Central Suburban
Residential Development Neighbourhoods Areas
Single detached or semi-detached dwelling $14,419 $21,468 / dwelling unit
Townhouse or street townhouse dwelling $10,127 $15,077 / dwelling unit
Multiple or duplex dwelling $7,290 $10,854 / dwelling unit
Lodging House $4,096 $6,099 /dwelling unit
Non -Residential Development"
Gross floor area of building $21.77 $65.75 / square metre
$2.02 $6.11 /square foot
(effective from December 1, 2023 to November 30, 2024)
Central Suburban
Residential Development Neighbourhoods Areas
Single detached or semi-detached dwelling $16,561 $24,658 / dwelling unit
Townhouse or street townhouse dwelling $11,631 $17,317 / dwelling unit
Multiple or duplex dwelling $8,373 $12,467 / dwelling unit
Lodging House $4,705 $7,006 / dwelling unit
Non -Residential Development"
Gross floor area of building $25.00 $75.52 / square metre
$2.32 $7.02 /square foot
Page 137 of 198
Table E
Deferral Agreements
Address
Balance Dec 31, 2022
New deferrals
Payments
Balance Dec 31, 2023
Year Permit Issued
18 Guelph St
58,945
23,578
35,367
2020
1430 Highland Rd W
535,618
107,124
428,494
2020
414 Prospect Ave Bldg A
80,024
32,010
48,015
2020
695 Block Line Rd
511,469
511,469
0
2020
169 Borden Ave N
844,801
140,800
704,001
2021
528 Lancaster St W
1,023,127
204,625
818,501
2021
80 Mcgee Ave
76,206
15,241
60,965
2021
595 Strasburg Rd
1,025,274
170,879
854,395
2021
270 Spadina Rd E
592,650
592,650
2021
659 Stirling Ave S
12,869
2,574
10,295
2021
30 Duke St W
21,206
4,241
16,965
2021
293 King St E
39,510
39,510
2021
51 David St
13,170
2,195
10,975
2021
221 Victoria St N
566,730
566,730
2021
64 Margaret Ave
98,775
98,775
2021
50 Eighth Ave
589,860
98,310
491,550
2021
80 Sydney St N Building A
128,360
128,360
0
2021
80 Sydney St N Building B
96,678
96,678
0
2021
525 New Dundee Rd
1,749,918
1,749,918
0
2021
695 Block Line Rd
329,408
329,408
0
2022
236 Margaret Ave
32,522
32,522
2022
301 Westmount Rd W
899,980
899,980
2022
1438 Highland Rd W
1,344,676
224,113
1,120,563
2022
900 King St W
1,264,371
1,264,371
2023
118 Gravel Ridge Trail
120,740
120,740
2023
152 Shanley St
819,217
819,217
2023
245 Wellington St N
6,197
6,197
2023
55 Franklin St S
339,523
339,523
2023
369 Frederick St
162,378
162,378
2023
132 Woolwich St
258,055
258,055
2023
3241 King St E
2,463,420
2,463,420
2023
118 Gravel Ridge Trail Bldg D
120,740
120,740
2023
118 Gravel Ridge Trail Bldg E
120,740
120,740
2023
118 Gravel Ridge Trail Bldg F
206,244
206,244
2023
118 Gravel Ridge Trail Bldg B
206,244
206,244
2023
118 Gravel Ridge Trail Bldg C
206,244
206,244
2023
1442 Highland Rd W
1,952,695
1,952,695
2023
118 Gravel Ridge Trail Bldg G
206,244
206,244
2023
78 Weber St W
6,197
6,197
2023
10,671,776
8,459,249
3,841,523
15,289,502
Page 138 of 198
Table F
2023 Exemptions and Discounts
Exemption and Discount Type
Amount
50% Industrial Enlargement
$ 267,168
Additional Dwelling Unit(s) in Existing
6,877,335
Detached Accessory Dwelling Unit
246,726
Municipal Use
79,693
Public School Board
501
Redevelopment Allowance
1,772,403
Redevelopment Allowance and 50% Industrial Enlargement
311,084
Non -Profit Housing
1,072,085
Purpose Built Rental Discount
1,876,162
Phase-in Discount*
7,008,698
Tota I
*Note that Bill 185, Cutting Red Tape to Build More Homes Act, 2024, removed the
mandatory phase-in discount for new applications effective June 6, 2024.
$ 19,511,855
Page 139 of 198
Staff Repod � )
Corporate Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: June 24, 2024
SUBMITTED BY: Victoria Raab, General Manager, Corporate Services, 519-741-2200
x7935
PREPARED BY: Amanda Drumond, Executive Assistant, 519-741-2200 x7591
WARD(S) INVOLVED: All
DATE OF REPORT: June 19, 2024
REPORT NO.: COR -2024-309
SUBJECT: Inventory of Existing Agreements and Contracts
RECOMMENDATION:
For Information.
REPORT HIGHLIGHTS:
The purpose of this report is to ensure that Council is kept informed of Existing Contracts
and in particular their expiry date and any terms respecting renewal or extension.
This report supports the delivery of core services.
BACKGROUND:
Council Policy ADM -AGR -180 (Agreements & Contracts - Extension, Renewal of or Amendment
to) allows staff to negotiate enhancements, extensions and renewals of existing agreements and
contracts in identified situations. This Policy specifies that an updated listing of agreements and
contracts be provided as information once every term of Council with the understanding that staff
would ensure a regular review of all contracts and agreements.
REPORT:
Attachment A to report COR -2024-309 is an inventory of agreements and contracts currently in
effect. Policy ADM -AGR -180 references the types of contracts that are not included in this list.
The information is presented in a standardized format segregated by Department with coding
for each division in brackets "( )" after the "Type of Agreement".
STRATEGIC PLAN ALIGNMENT:
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 140 of 198
FINANCIAL IMPLICATIONS:
The financial impacts of such agreements are outlined in Attachment A.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
APPROVED BY: Victoria Raab, General Manager, Corporate Services Department
ATTACHMENTS:
Attachment A — Inventory of Existing Agreements / Contracts
Page 141 of 198
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Staff Report
l
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: June 24, 2024
SUBMITTED BY: Rosa Bustamante, Director of Planning & Housing Policy/City Planner,
519-741-2200 ext. 7319
PREPARED BY: Matt Rodrigues, Senior Planner, 519-741-2200 ext. 7685
Adam Clark, Senior Urban Designer, 519-741-2200 ext. 7027
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: May 30, 2024
REPORT NO.: DSD -2024-237
SUBJECT: Growing Together East (Major Transit Station Area Land Use and
Zoning Framework) — Project Launch
RECOMMENDATION:
For information.
REPORT HIGHLIGHTS:
• The purpose of this report is to formally launch the "Growing Together East" project
which will develop a land use and zoning framework for the three remaining Protected
Major Transit Station Areas (PMTSAs) in Kitchener (the "Study Area"):
o Block Line
o Fairway
o Sportsworld
• This report provides the background to Growing Together East and outlines the
approach to community engagement and technical analyses that will be undertaken.
• Growing Together East will culminate with amendments to the Official Plan and
Zoning By-law to implement the proposed land use and zoning framework.
• There are no financial implications associated with this report.
• Community engagement is being planned to include in-person workshops, pop -ups,
and walk-ins, as well as regular updates and virtual engagement methods on the
EngageWR page, alongside communications to those within the Study Area.
This Report is one of many housing -related reports considered by Council since Council's
endorsement of Kitchener's Housing Pledge in March 2023 as shown on Figure 1. The City
has committed to completing Growing Together East by Q1 2025 as part of its Housing
Accelerator Fund application.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 162 of 198
P&
Municipal Housing Pledge
Eviction &.
Missing Middle and
Displacement
Affordable Housing Study
Webpage & Online
Update
Reporting Update
Lived Expertise Working
Rental Replacement
Group Year 2 Work Plan
By-law Directions
Development
Report
Lower Doan Land Use
Study Implementation
Official Plan Review Launch
Growing Together
Implementation
Inclusionary Zoning
Implementation
Enabling Four Units
Shared Accommodations I ' Official Plan Review
Licensing By-law progress report
Lodging House Official Plan
and Zoning Amendment
Decision
Rental Replacement By-law
Implementation'
Lived Expertise Working
Group Next Steps
Growing Together East
Project Launch
Not For Profit Affordable
Rental and Co-op Housing
Incentive (Pilot)
Figure 1 — Kitchener's Housing Related Studies and Initiatives
BACKGROUND:
On March 18, 2024, City Council unanimously approved the first phase of Growing
Together, referred to in this report as "Growing Together West". This phase included
Official Plan Amendments and Zoning By-law Amendments that established three new
Strategic Growth Area land use designations and four new Strategic Growth Area zones
and applied them within 7 of Kitchener's 10 PMTSAs.
The study area for Growing Together West was guided by the original Planning Around Rapid
Transit Stations (PARTS) district plans for the "Central", "Midtown", and "Rockway" areas.
The boundaries for the 3 remaining PMTSAs (Block Line, Fairway, and Sportsworld) have
now been delineated by the Region of Waterloo through Regional Official Plan Amendment 6
(ROPA 6) and through Growing Together West. These PMTSAs require an updated land use
and zoning framework to shape future growth and development (Figure 2). Growing Together
East will complete the work begun by Growing Together West for Kitchener's PMTSAs.
Page 163 of 198
Figure 2 — Growing Together East Study Area
In addition to PMTSA boundaries, ROPA 6 has identified a minimum density target of 160
persons and jobs per hectare in the Sportsworld and Fairway PMTSAs (consistent with that
for Growing Together West), while the Block Line PMTSA has a minimum density target of
80 persons and jobs per hectare. A reduced minimum density target for Block Line PMTSA
has been established as development opportunities are constrained by natural heritage
features, floodplain, and railway lands.
REPORT:
Growing Together East will continue and build on Growing Together West's equity -based
and data driven process. Growth scenarios for these PMTSAs will be tested, analyzed,
and modelled — together with community input, to ensure a broad range of perspectives
are captured when guiding growth and change in these areas.
While the policy framework approved through Growing Together West (i.e., SGA land uses
and zones) forms the foundation of Growing Together East, staff will evaluate the unique
attributes and needs of the Block Line, Fairway and Sportsworld PMTSAs to inform
specific policy recommendations or modifications.
Community and Collaborator Engagement
The award-winning approach to community and collaborator engagement developed
through Growing Together West will be leveraged for Growing Together East. Community
Page 164 of 198
engagement will begin in Summer 2024, with additional community and collaborator
engagement planned in Fall 2024 and Winter 2025 following release of draft materials.
Staff are currently planning to be out in the community to create awareness, introduce
Growing Together East, and seek input through workshop activities to inform where
growth may occur at the following times (subject to additions and changes):
• General / City -Wide Events
o Multicultural Festival (Saturday, June 22) — Workshop Session
o Kitchener Market (Saturday, July 13) — Workshop Session
• Station Area -Specific Communications and Events
o Owner and Tenant Post Card Mailout
o Fairway Station Area — Workshop Session (July 2024)
o St. Mary's High School — Workshop Session (June 2024)
Growing Together East does not benefit from the decade of community, staff, and industry
engagement that informed the PARTS plans or the subsequent Neighbourhood Planning
Reviews in Growing Together West. Additional materials, outreach methods, expectation
setting, and education for this Study Area are being planned to engage the community
through this process. This will also help address areas where greater equity
considerations may be needed.
Although consideration of site or area -specific requests are more appropriately considered
through application -initiated development applications, City staff expect that there may be
merit in considering these types of requests based on a set of consistent criteria. It is
expected that any development industry or collaborator requests will be considered using
the same approach used in Growing Together West after the release of draft materials.
Technical Studies
The Study Area also presents unique considerations, which may differ from those existing
conditions within Growing Together West, including:
• Redevelopment of existing large -format commercial buildings and large sites;
• In the Block Line Station area, significant natural heritage, floodplain, and railway
lands constraints which limit redevelopment opportunities;
• An emerging mixed-use development context and missing elements of complete
communities (such as parks and community facilities) and complete streets;
• Retention and creation of jobs which support population growth; and
• Land use compatibility with employment areas and major transportation facilities,
including Regional Roads, Provincial Highways, and rail facilities.
Technical studies will therefore be completed for the Study Area which reflect the local
contexts, which at a minimum include a:
• Noise and Transportation Analysis Study
• Market Analysis Study
Page 165 of 198
The outcomes of these studies will inform updates policies and zoning regulations which
are applied within the PMTSAs.
Official Plan and Zoning By-law Amendments
As part of "Building Kitchener Together" (Kitchener's Housing Accelerator Fund initiatives),
the City has committed to bring forward changes to the Official Plan and Zoning By-law by
the end of Q1 2025.
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 — This project is funded from Planning Growth Studies and as part of
Kitchener's Housing Accelerator Fund with an approximate budget of $450,000. There are
sufficient funds to complete this work.
Operating Budget — The report has no impact on the Operating Budget.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act, R.S.O. 1990, c. P. 13
• Provincial Policy Statement, 2020
• A Place to Grow: A Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• City of Kitchener Official Plan, 2014
• City of Kitchener Zoning By-law 2019-051
• Growing Together — Protected Major Transit Station Area Land Use and Zoning
Framework (DSD -2024-005 and DSD -2024-128)
REVIEWED BY: Natalie Goss, Manager, Policy & Research
APPROVED BY: Justin Readman, General Manager, Development Services
Page 166 of 198
Staff Report
l
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO
DATE OF MEETING:
Committee of the Whole
June 24, 2024
SUBMITTED BY: Rosa Bustamante, Director of Planning and Housing Policy / City
Planner, 519-741-2200 ext. 7319
Garett Stevenson, Director of Development and Housing Approvals,
519-741-2200 ext. 7070
PREPARED BY: Rosa Bustamante, Director of Planning and Housing Policy / City
Planner, 519-741-2200 ext. 7319
Natalie Goss, Manager Policy & Research, 519-741-2200 ext. 7648
Janine Oosterveld, Manager Customer Experience & Project
Management, 519-741-2200 ext. 7076
Garett Stevenson, Director of Development and Housing Approvals,
519-741-2200 ext. 7070
WARD(S) INVOLVED: All
DATE OF REPORT: May 29, 2024
REPORT NO.: DSD -2024-266
SUBJECT: Planning and Housing Policy Division & Development and Housing
Approvals Division - Significant Planning Applications, Policy
Projects, Affordable Housing Projects, and Housing Pledge -
Second Quarter Update
RECOMMENDATION:
For Information.
REPORT HIGHLIGHTS:
The purpose of this report is to provide an update of significant development applications, policy
projects, affordable housing projects and significant projects to streamline and remove barriers
as well as the City's housing pledge update. Not all work that is currently being undertaken by
the Planning and Housing Policy & Development and Housing Approvals Divisions is captured
in this report, rather a snapshot of significant work is captured.
Planning staff provide a quarterly update report every March, June, September, and December
of each year of all current significant development applications. It is important to be providing
greater transparency on significant development applications with the community and Council.
The key findings of this report include:
o Since signing the Housing Pledge in March 2023, Kitchener Council has approved
Official Plan Amendment and/or Zoning By-law Amendment applications for projects
which propose 13,704 dwelling units (39.1% of housing pledge), Planning staff
have issued final site plan approval for 3,947 dwelling units and building staff have
issued building permits for 3,558 dwelling units.
o Five initiatives associated with the Housing Accelerator Fund (HAF) have received a
Council decision: Growing Together, Inclusionary Zoning, Enabling 4 Units, the
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 167 of 198
Affordable Rental and Co-op Housing Incentives Pilot Program, and endorsement of
the land transaction to donate a City -owned parcel at River Road and Ottawa Street
North to Habitat for Humanity. Three of the other five initiatives are also underway
with various milestones anticipated later in 2024. One initiative is in the early stages
and will see more progress over the coming months.
o In this last quarter, significant work has advanced on Kitchener's Official Plan review
with requests for qualifications (RFQs) issued for a range of consultant services. The
Growing Together East project, the updates to the planning framework for Block Line,
Fairway, and Sportsword Protected Major Transit Station Areas, will launch in mid-
June. With Bill 162, the Get it Done Act, receiving Royal Assent, additional lands
have been added to Kitchener's urban area in southwest Kitchener, allowing work to
progress on the Dundee North Secondary Plan.
o Kitchener's affordable housing incentives are currently supporting seven projects
which will total 716 new affordable housing units in various stages of development
from application to construction.
o Extensive work continues to streamline development approvals, meet provincially
mandated timelines and support excellent customer service with the current priority
as site plan folder updates to prepare for the public portal.
There are no financial implications with this report.
Community engagement is undertaken for each development application and project, which
varies for each.
This report supports the delivery of core services.
REPORT:
Since December of 2021, Planning staff have provided a quarterly update report every March, June,
September, and December of all current significant development applications. This report also
includes the following:
• Progress and next steps for Kitchener's Housing Accelerator Fund initiatives;
• Progress and next steps for major planning policy projects;
• A summary of development applications that include affordable housing;
• Updates on significant initiatives to remove barriers and streamline processes to support the
development of housing;
• Housing Pledge reporting - Development application data required to be reported under a
new Provincial regulation — Ontario Regulation 73/23 — Municipal Planning Data Reporting.
It is important to be providing greater transparency on significant development applications with the
community and Council. Attached to this report, the Significant Planning Applications Quarterly
Report (Q2 2024) provides a summary of the current Planning applications under review at the time
of the preparation of this report (Attachment A).
The current significant development applications section includes Subdivision, Official Plan
Amendment, and Zoning By-law Amendments that have not received final approval. These are the
bulk of the applications that Planning staff consult with the community on an application specific
basis. Significant development applications include property specific proposals as well as new
greenfield communities (subdivisions). Additional details on the development applications can be
found using the online mapping tool available at www.kitchener.ca/planningapplications.
Kitchener's Housing Accelerator Fund Initiatives
In November 2023 Kitchener received $10.6 (first annual tranche of $42.4) million as part of the
Federal government's Housing Accelerator Fund to help deliver more affordable housing in the
City of Kitchener. Nine action plan initiatives are part of Kitchener's Housing Accelerator Fund and
they include the delivery of:
Page 168 of 198
• Growing Together West: planning framework updates in Kitchener's western protected
major transit station areas;
• Growing Together East: planning framework updates in Kitchener's eastern protected
major transit station areas:
• Growing Together West Inclusionary Zoning;
• Affordable Housing Construction Offset on City -Owned Lands Incentive
• Not -for -Profit Affordable Rental and Co-op Housing Incentive Pilot;
• Enabling 4 Units — additional dwelling unit implementation;
• Strategic land acquisition and supporting infrastructure;
• A climate adaptation plan as an input into Kitchener's new Official Plan; and,
• A housing needs assessment
Attachment B provides a description of each initiative, current status, next steps and target
completion.
Major Planning Projects
There are currently 14 planning projects underway or that have been recently completed spanning
a wide range of topics. These include:
• Comprehensive Zoning By-law Review
• High Performance Development Standards
• Housing for All implementation
• New Official Plan
• Review of Provincial legislation, policies and plans
• Rental Housing, Eviction and Displacement Study
• Tree Conservation Tools Review
• Urban Design Manual Review
• Hidden Valley Secondary Plan
• Growing Together (Major Transit Station Area) Planning Framework review —West PMTSAs
and East PMTSAs
• Dundee North Secondary Plan
• Inclusionary Zoning
• District Energy Business Case
Attachment C provides a description of each project, status, next steps, and target completion.
Development Applications — Affordable Housing
With a strong focus on the housing crisis, this report also includes a summary of 2024 current
projects that include affordable housing that are either under review, received approvals this year to
start construction or are under construction. To address Provincial directives, streamline
development approvals and support excellent customer service, the report also provides an update
on significant process improvements underway in 2024 (Attachment D).
Housing Pledge Reporting
As part of the More Homes for Everyone Act, 2022 (Bill 109), the Planning Act was amended to give
the Minister of Municipal Affairs and Housing the authority to require municipalities to report
information on planning matters (Section 64). On April 6 2023, the Province implemented Ontario
Regulation 73/23 - Municipal Planning Data Reporting requiring Ontario's largest and fastest-
growing municipalities, which includes the City of Kitchener to report development application
information on a quarterly basis (as per Schedule 2 of the regulation) and additional information on
an annual basis (as per Schedule 3 of the regulation).
The City's quarterly report data includes the following development application types:
• Official Plan Amendments,
Page 169 of 198
• Zoning By-law Amendments,
• Site Plan Applications,
• Minor Variances,
• Land Severances (Consents),
• Plan of Subdivisions,
• Plan of Condominiums,
• Community Infrastructure and Housing Accelerator Orders, and
• Minister's Zoning Orders
The report data must include the following:
• application identifiers (application ID and address);
• application details, as applicable (date application submitted, date application deemed
complete, application status, date of decision, date of adoption/passing, date of registration,
number of new residential units if registered);
• heritage information for the subject property as applicable (listed under section 27 (3) of the
Ontario Heritage Act, designated to be of cultural heritage value or interest, subject to
easement or covenant under section 37 of the Ontario Heritage Act, within a heritage
conservation district area); and,
• appeal information if applicable (third party appeal, type of appeal, date of appeal, date of
appeal decision).
The data gathered by the Province is being used to measure progress towards various Housing
Supply Action Plan commitments and will also provide the information needed to support informed,
evidence -based decisions around housing and planning policy. The regulation also complements
the Province's initiative of developing standards and achieving consistency for exchange of data
required for development applications.
The City of Kitchener has submitted quarterly development application data to the Province since
June 2023. The Q1 2024 quarterly planning data reports to the Province are attached to this report
(Attachment E).
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Council / Committee meeting.
CONSULT — Significant development application specific engagements are undertaken for Official
Plan Amendment, Zoning By-law, and Subdivision applications. Engagement includes mailing
postcards to property owners and occupants of all buildings within 240 metres of the subject lands,
publishing a newspaper notice when the application is first circulated and when the statutory public
meeting is scheduled, as well as informal community meetings including Neighbourhood Meetings
and/or site walks. A large plain language sign is also posted on the property.
Page 170 of 198
For planning policy projects, community engagement plans are developed and implemented to
ensure fulsome, tailored engagement occurs early and throughout each project at a level
commensurate with the scope of the project.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
APPROVED BY: Justin Readman — General Manager, Development Services
ATTACHMENTS:
Attachment A — Significant Planning Applications Quarterly Report (Q2 2024)
Attachment B — Housing Accelerator Fund Projects (Q2 2024)
Attachment C — Significant Planning Projects (Q2 2024)
Attachment D — Affordable Housing and Significant Streamlining Projects (Q2 2024)
Attachment E — Provincial O.Reg. 73/23 Q1 2024 Quarterly Planning Data Report
Page 171 of 198
Attachment A — Significant Planning Applications Quarterly Report (Q2 2024)
Current Significant Development Applications
Subdivision (SA), Official Plan Amendment (OPA), Zoning By-law Amendment (ZBA)
WARD 1
104 WOOLWICH ST
Proposal: Two 3.5 -storey multiple dwellings (stacked townhouses) with 24 dwelling units each (total of 48
dwelling units).
File Number: OP18/007/W/AP
Description: The owner is requesting a Site -Specific Policy to allow
an FSR of up to 0.9.
Application Type: OPA
Status: This application has been circulated and Planning staff are
accepting and reviewing comments.
File Number: ZBA18/009/W/AP
Description: The owner is requesting to change the zoning
from Agricultural (A-1) to Residential Six Zone (R-6) along with a Site
Specific Provisions to: a) reduce the minimum front yard from 4.5
metres to 1.0 metres, b) eliminate the requirement for Private Patio
Areas for at -grade dwelling units, c) increase the maximum Floor
Space Ratio from 0.6 to 0.9, and d) reduce the required parking from
1.75 spaces per unit to 1.2 spaces per unit.
Application Type: ZBA
Status: This application has been circulated and Planning staff are
accepting and reviewing comments.
Staff Contact: Andrew Pinnell
Neighbourhood Meeting Date: TBD
Owner: 1238455 ONTARIO LIMITED
Applicant: GSP GROUP INC
Update Since Last Quarterly Report:
No Update. Planning Staff and the Applicant are considering input
provided through the initial circulation.
26 STANLEY AVENUE & 31 SCHWEITZER STREET
Proposal: The Site is proposed to be developed with a residential subdivision consisting of 42 single detached
dwelling lots, 12 semi-detached dwelling lots (total of 24 dwellings) and a 5 -unit street -townhouse block totaling
71 residential units. The Proposed Development will be accessed by a future municipal road connecting to
Stanley Avenue.
File Number: 30T-21201 Description: A residential plan of subdivision consisting of single
detached dwellings, semi-detached dwellings, and townhouse
dwellings, totaling 72 units.
Application Type: SA Status: This application has been circulated and Planning staff are
accepting and reviewing comments.
File Number: ZBA21/19/S/BB Description: To rezone the Site from Residential Four (R-4) and
Residential Five (R-5) to the Low Rise Residential Five (RES -5) Zone
with a Site -Specific Provision to permit a maximum building height of
12.5 metres.
Application Type: ZBA Status: This application has been circulated and Planning staff are
accepting and reviewing comments.
Staff Contact: Brian Bateman Neighbourhood Meeting Date: May 31, 2022.
Owner: Newo Holdings Limited Applicant: GSP Group Inc.
Update Since Last Quarterly Report: No Update. A Neighbourhood Meeting was held on May 31, 2022 and
Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting.
Page 172 of 198
WARD 3 — NEW APPLICATION
1082-1094 WILSON AVENUE
Proposal: The Site is proposed to be further developed to permit the expansion of a manufacturing facility
and add additional parking.
multiple dwellings. Parkland open sace & stormwater management facilities are also proposed.
File Number: OPA24/006/W/TS
Description: The owner is requesting an Official Plan Amendment to
redesignate a portion of the properties from Low Rise Residential to
Business Park Employment.
Application Type: OPA
Status: This application has been circulated and Planning staff are
accepting and reviewing comments.
File Number: ZBA24/011/W/TS
Description: The owner is requesting a Zoning By-law amendment to
change the zoning from RES -1 to EMP -2 to permit the expansion of
Application Type: ZBA
a manufacturing facility and associated parking.
Application Type: ZBA
Status: This application has been circulated and Planning staff are
File Number: 30T-16201
accepting and reviewing comments.
Staff Contact: Tim Seyler
Neighbourhood Meeting Date: July 10, 2024
Owner: Colt Canada Corporation
Applicant: GSP Group Inc.
Update Since Last Quarterly Report: No update. New application.
WARD 5
ROCKCLIFFE DR FREURE SOUTH
Proposal: A new community with 471
new residential units including single detached, street townhouses &
multiple dwellings. Parkland open sace & stormwater management facilities are also proposed.
File Number: OP16/001/R/KA
Description: To change the designation of the easterly portion of land
to high rise residential, designate a future park area as open space,
and to adjust the limits of wooded areas designated as open space.
Application Type: OPA
Status: This application has been circulated and Planning staff are
accepting and reviewing comments.
File Number: ZC16/009/R/KA
Description: To change the zoning from Restricted Business Park (B-
2) to residential and natural heritage conservation zones.
Application Type: ZBA
Status: This application has been circulated and Planning staff are
accepting and reviewing comments.
File Number: 30T-16201
Description: The plan of subdivision includes single detached, street
townhouses & multiple dwellings along with parkland open space &
stormwater management facilities.
Application Type: SA
Status: This application has been circulated and Planning staff are
accepting and reviewing comments.
Staff Contact: Katie Anderl
Neighbourhood Meeting Date: TBD
Owner: FREURE DEVELOPMENTS
Applicant: MHBC PLANNING LTD
LIMITED
Update Since Last Quarter) Report: No update. Archeological assessment work continues.
Page 173 of 198
WARD 8
400 WESTWOOD DR
Proposal: To demolish the existing house and create four new lots for single detached dwellings.
File Number: ZBA21/0121W/ES Description: To rezone the developable portion of the lands to site
specific Residential Four (R-4).
Application Type: ZBA Status: This application has been circulated and Planning staff are
accepting and reviewing comments.
Staff Contact: Eric Schneider Neighbourhood Meeting Date: January 13, 2022
Owner: NASIR BROMAND, ZAKIA Applicant: IBI GROUP
BROMAND
Update Since Last Quarterly Report: No update. A Neighbourhood Meeting was held with the community on
January 13, 2022. Planning Staff and the Applicant are considering input provided at the Neighbourhood
Meeting.
WARD 9
50 BORDEN AVE S
Proposal: a mixed-use development consisting of two towers (57 storeys and 51 storeys in height) having
1,224 dwelling units and 7,240 m2 of commercial and institutional space.
File Number: OPA23/004/B/KA
Description: Site-specific regulations propose a Floor Space Ratio
(FSR) of 16.1, a reduced rear yard setback, and a parking reduction
to permit 618 parking spaces
Application Type: OPA
Status: This application has been circulated and Planning staff are
accepting and reviewing comments.
File Number: ZBA22/008/B/KA
Description: Site-specific regulations propose a Floor Space Ratio
(FSR) of 16.1, a reduced rear yard setback, and a parking reduction
to permit 618 parking spaces
Application Type: ZBA
Status: This application has been circulated and Planning staff are
accepting and reviewing comments.
Staff Contact: Katie Anderl
Neighbourhood Meeting Date: June 6, 2023
Owner: Woodhouse Investments Inc
Applicant: IBI Group
Update Since Last Quarterly Report: No update. This application has been circulated and Planning staff are
accepting and reviewing comments.
Page 174 of 198
WARD 10
22 WEBER ST W
Proposal: A 19 -storey multiple residential building with 162 units, including 25 barrier free units. A total of 24
parking spaces are proposed at grade.
File Number: OPA20/005/W/JVW Description: The applicant is now proposing to amend the
designation to High Density Commercial Residential with a Special
Policy Area in order to permit a floor space ratio FSR of 7.8.
Application Type: OPA Status: Under appeal
File Number: ZBA20/013/W/JVW Description: The subject lands are currently zoned Commercial
Residential Three (CR -3) in Zoning By-law 85-1. The applicant is
proposing the same base zone with site specific special regulations
to permit; an increase in height to 19 storeys, an increase in Floor
Space Ratio to 7.8, To require a minimum ground floor fagade height
of 4.5m, to reduce the required minimum landscaped area required
from 10% to 8%, to reduce front and rear yard setbacks, and to
reduce the required on-site parking to 24 spaces, including 8 visitor
parking spaces.
Application Type: ZBA Status: Under appeal
Staff Contact: Garett Stevenson Neighbourhood Meeting Date: Sept. 8, 2021 & March 3, 2022.
Owner: 30 DUKE STREET LIMITED Applicant: MHBC PLANNING LTD
Update Since Last Quarterly Report: Council refused the related Heritage Permit Application on August 22,
2022. This appeal was adjourned. This application has been appealed to the Ontario Land Tribunal (formerly
LPAT) which was suspended. The Owner has requested the OLT now schedule another Case Management
Conference to resume this appeal.
Page 175 of 198
Attachment B — Housing Accelerator Fund Projects
Current Housing Accelerator Fund Projects Quarter 2, 2024 Update
CITY-WIDE
Affordable Housing Construction Offset on City -owned Lands
Description: This initiative involves looking for new opportunities to provide lands for below-market rental and
ownership housing and working directly with affordable housing providers to access the lands and collaborate
on the delivery of affordable or supportive housing projects.
Current Status: In April 2024, Council agreed to donate a property at 1035 Ottawa St
IN PROGRESS to Habitat for Humanity to be used as part of the Build Now Initiative
and achieve at least 63 units for affordable home ownership.
Staff are reviewing the City's land inventory to determine additional
viable opportunities to support this initiative.
Next Steps. Staff plan to bring a report to Council on potential options in Q2 2024.
Project Lead: Target Completion: 2026
Rosa Bustamante — Director of
Planning and Housing Policy
Affordable Rental & Co-op Housing Incentive Pilot Program
Description: With the support of Kitchener's Housing Accelerator Fund, this project aims to establish a
financial incentives pilot program
to assist with the predevelopment costs of building new not-for-profit
affordable rental and co-op housing
units.
Current Status:
In April 2024, Council approved this grant program which will formally
IN PROGRESS
launch on May 31, 2024.
Next Steps:
With the program launch, staff will prepare for receiving submissions
including an information session for potential applicants. Once
applications are received, they will be evaluated and grant funding
awarded to projects that meet the program criteria subject to the
funding allocation.
Project Lead:
Target Completion:
Tanya Roberts — Project Manager
Q3 2026 Conclusion of the pilot program
Enabling 4 Units
Description: In response to Council's motion at the October 16, 2023 Council meeting, staff are undertaking
a review of zoning bylaw amendments that would enable up to four units on a lot which currently permit a
single detached, semi-detached or street fronting townhouse dwelling for a Council decision in Q1 2024.
Current Status: On March 25, 2024, Council approved an Official Plan amendment
COMPLETE and Zoning By-law amendment to enable 4 units as -of -right city-wide.
The Official Plan and Zoning Bylaw amendments are now fully in
effect.
Next Steps: With the support of the Housing Accelerator Fund, a staff working
team will support implementation by streamlining processes and
creating simplified resources to support uptake of additional units.
Project Lead: Target Completion: Q3 2024 (including post -decision
Katie Anderl — Project Manager implementation)
Page 176 of 198
Strategic Land Acquisition and Supporting Infrastructure
Description: This initiative will involve acquiring lands for the purposes of affordable housing development
with a focus on lands within the major transit station areas and working with affordable housing provides to
collaborate on the delivery of affordable housing and necessary related community infrastructure.
Current Status: Staff are reviewing potential opportunity sites that would be satisfy
IN PROGRESS the criteria for affordable housing projects.
Next Steps: Staff will bring a report to Council on potential land acquisition
opportunities in Q3 2024.
Project Lead: Target Completion: Q4 2024
Rosa Bustamante — Director of
Planning and Housing Policy
Climate Adaptation Plan
Description: This initiative includes the development of a climate adaptation plan that will be used in the short
term to inform land use policy updates for the next Official Plan.
Current Status:
The project team has been established as part of the Official Plan
IN PROGRESS
project and a Request for Qualifications (RFQ) for consultant support
is currently underway.
Next Steps:
The project team will work closely throughout 2024 and 2025 to
advance work on this initiative.
Project Lead:
Target Completion: Q2 2026
Janine Oosterveld — Manager,
Customer Experience and Project
Management
Housing Needs Assessment
Description: This initiative includes the preparation of a Housing Needs Assessment for the City of Kitchener
which will be used to inform housing -related initiatives and land use policy updates for the next Official Plan.
Current Status:
The project team has been established as part of the Official Plan
IN PROGRESS
project and a Request for Qualifications (RFQ) for consultant support
is currently underway.
Next Steps:
The project team will work closely throughout 2024 and 2025 to
advance work on this initiative.
Project Lead:
Target Completion: Q4 2025
Lucas Van Meer -Mass — Senior
Planner (Housing)
WARD 1 — There are no Ward 1 specific projects at this time.
WARD 2 — There are no Ward 2 specific projects at this time.
WARD 3
Growing Together Major Transit Station Area Planning Framework Review
Description: Comprehensive review and update of land use, zoning, and urban design guidelines for the
Block Line, Fairway, and S ortsworld Major Transit Station Areas.
Current Status: The project team has been established and is developing a project
IN PROGRESS charter, project milestones and key deliverables.
Next Steps: The project team will conduct public engagement and engage
consultant support through 2024.
Project Lead: Target Completion: 2025
Adam Clark — Senior Urban Designer
Architecture & Urban Form
Page 177 of 198
WARD 4 — There are no Ward 1 specific projects at this time.
WARD 5 — There are no Ward 2 specific projects at this time.
WARD 6 — There are no Ward 1 specific projects at this time.
WARD 7 — There are no Ward 2 specific projects at this time.
WARD 8 — There are no Ward 1 specific projects at this time.
WARDS 9 & 10
Growing Together (Protected Major Transit Station Area) Planning Framework Review
Description: Comprehensive review and update of land use, zoning, and urban design guidelines for the 7
Major Transit Station Areas west of the Conestoga Expressway.
Current Status: A report was considered by Committee of Council at a statutory
COMPLETE public meeting on January 29, 2024 where staff recommended a new
planning framework for these 7 protected major transit station areas.
This matter was deferred to the March 18' Council meeting with a
direction to staff to have further dialogue with those that delegated at
the statutory public meeting. Throughout February and early March
meetings were held with landowners and their consultants as well as
the community to better understand concerns and share information.
A supplemental report was considered by Council on March 18th and
Growing Together was unanimously approved by Council.
Next Steps. N/A
Project Lead: Target Completion: Q1 2024
Adam Clark — Senior Urban Designer
(Architecture & Urban Form)
Inclusionary Zoning
Description: Inclusionary Zoning can be used to require new, multi -unit housing developments to include
affordable units. The Region, Kitchener, Waterloo, and Cambridge are coordinating their approach to
implementing inclusionary zoning within MTSAs. A portion of this work is being funded through the Provincial
Streamline Development Approvals Funding. This work is being coordinated with Growing Together.
Current Status: A report was considered by Committee of Council at a statutory
COMPLETE public meeting on January 29, 2024 where staff recommended an
inclusionary zoning framework for Kitchener's protected major transit
station areas. This matter was deferred to the March 18 Council
meeting with a direction to staff to have further dialogue with those
that delegated at the statutory public meeting. Throughout February
and early March meetings were held with those that delegated which
were members of the Waterloo Region Homebuilders Association
and members of Build Urban. A supplemental report was considered
by Council on March 18th and Inclusionary Zoning was approved by
Council.
Next Steps: Staff will undertake an economic conditions assessment and report
back to Council by Q4 2024.
Project Lead: Target Completion: Q4 2024
Tim Done ani — Senior Planner
Page 178 of 198
Attachment C — Significant Policy Projects (Q2 2024)
Current Significant Policy Projects Quarter 2, 2024 Update
CITY WIDE
Comprehensive Zoning By-law Review
Description: Review of Kitchener's Zoning By-law 85-1. Approved in phases with the latest phase (residential
zones) being approved in 2022. Final phase includes specific properties previously deferred.
Current Status: ONGOING
Zoning updates in 2023 and 2024 have focused on Major Transit
Station Areas which is occurring through Growing Together.
Next Steps:
Final phase includes specific properties previously deferred and
specific geographies.
Project Lead: TBD
Target Completion: 2024/25
High Performance Development Standards
Description: Establishing a harmonized high performance development standard (green development
standard) across local area municipalities in Waterloo Region.
Current Status: ONGOING
Initial community, development industry and staff engagement
An update was provided to Council on the progress of Housing for All
sessions launched this spring to scope theme areas for the first draft
action items in March 2022.
of the standards.
Next Steps:
Initial engagement sessions and research will be used to prepare a
A report is being considered by Committee of Council on June 17th
first draft expected later this year coupled with engagement.
Project Lead:
Target Completion: 2025
Janine Oosterveld, Manager
Customer Experience & Project
Management
Housing for All Implementation
Description: Kitchener Housing for All Strategy was approved in 2020 and identifies actions for the City to
address homelessness and housing issues in Kitchener.
Current Status: ONGOING
An update was provided to Council on the progress of Housing for All
action items in March 2022.
Lived Expertise Working Group
A report is being considered by Committee of Council on June 17th
on the next steps for the Lived Expertise Working Group.
Lodging Homes
Committee of Council considered reports on updates to the Official
Plan and Zoning By-law as well as updates to the Lodging House
Licensing By-law on June 3.
Next Steps:
At this time, pending resource capacity, a second update on Housing
for All actions items is anticipated in 2024.
Lived Expertise Working Group
Pending Council's consideration of the recommendations within the
June 17' report, staff will commence with the administration of the
next iteration of the Lived Expertise Working Group.
Lodging Homes
Pending Council's consideration of the recommendations for updates
to the Official Plan, Zoning By-law, and Lodging House Licensing By-
law, an education and implementation plan will commence in Fall
2024.
Project Lead:
Target Completion: 2024 for Lodging Homes; 2024 for LEWG pilot
Natalie Goss, Manager Policy &
program; 2025+ for Housing for All implementation.
Research
Garett Stevenson, Director
Development and Housing Approvals
Page 179 of 198
Housing for All Implementation
Partial Housing Accelerator Fund Initiative - New Official Plan
Description: A comprehensive review of Kitchener's Official Plan to, among other things, align with changes
in Provincial legislation, policies, and
plans and the Region of Waterloo's Official Plan Amendment No. 6.
Current Status:
A series of RFQs were issued in May for consultant services for a
ONGOING
variety of background studies and community engagement that will
inform Kitchener's new Official Plan.
Next Steps:
A community working group is expected to be established in the next
quarter with an initial meeting in early Fall. Also in the fall will be the
community launch of the New Official Plan project with in person and
online opportunities for discussion.
Project Lead:
Target Completion: 2026
Tim Donegani — Senior Planner
John Zunic — Senior Planner
Provincial legislation, policies, plans review
Description: A significant number of Provincial legislative and policy changes have occurred throughout 2022
and 2023. The Planning Division has formally added this review to their workplan due to the significant time
and resources that have been required to review changes and provide comments.
Current Status: ONGOING Since the March 2024 quarterly report the following Provincial
legislative and policy changes were posted:
• Bill 185, Cutting Red Tape to Build More Homes Act, 2024
• Proposed Provincial Planning Policy Statement
• Bill 200, Homeowner Protection Act, 2024
Project Lead: Target Completion: N/A
Planning Management Team
Rental Housing, Eviction and Displacement Study
Description: In January 2023 Council directed that staff look at tools that are within Kitchener's jurisdiction
with respect to rental replacement and other tools and advocacy opportunities for the transitioning of displaced
residents.
Current Status: ONGOING A report is being considered by Committee of Council on June 17th
that includes a proposed Rental Replacement By-law and necessary
amendments to Kitchener's Official Plan and Demolition Control By-
law.
Next Steps: Pending Council's consideration of the June 17th report,
implementation of Kitchener's Rental Replacement By-law will occur.
Project Lead: Target Completion: Q2 2024
Lucas Van Meer -Mass — Senior
Planner(Housing)
Tree Conservation Tools Review — Phase 2
Description: With Council's approval of Kitchener's tree canopy target in January 2022, Council directed staff
to review existing tree conversation processes within the City to explore opportunities for strengthened
measures. This work includes a review of Kitchener's Tree Bylaw and Tree Conservation Bylaw, tree planting
requirements within the Development Manual, and Tree Management Policy.
Current Status: In April 2023, Council authorized a second phase work to further
ONGOING evaluate specific enhancement opportunities to existing tools and
processes. The project team has initiated work on some of the
identified specific enhancement opportunities, including creating a
notification procedure for planned tree removals on private
properties, updating tree protection standards to align with best
practices, and targeted refresher and education of tools through an
initial webpage update.
Page 180 of 198
Tree Conservation Tools Review — Phase 2
Next Steps: Development of a comprehensive work plan for phase 2 is underway
including a community and stakeholder engagement plan.
Additionally implementing updated tree protection standards and
notification procedures for private tree removal, and further
developing a strategy for other identified enhancement opportunities.
Project Lead: Target Completion: 2024
Gaurang Khandelwal — Planner
(Policy)
Urban Design Manual Review — Part C
Description: A comprehensive
review of Kitchener's Urban Design Manual which has been occurring in
phases. The last phase was approved
in 2019. Final phase includes the urban design standards (Part C).
Current Status: ONGOING
Internal review of existing standards to understand opportunities for
held on May 30 to share and obtain input on draft land use.
improvement.
Next Steps:
Draft updates to urban design standards and stakeholder
amendments to implement land use and zoning changes as a result
engagement.
Project Lead:
Target Completion: 2024
Gaurang Khandelwal — Planner
Carrie Musselman — Senior
(Policy)
Environmental Planner
WARD 1 — There are no Ward 1 specific projects at this time.
WARD 2 — There are no Ward 2 specific projects at this time.
WARD 3
Hidden Valley Secondary Plan
Description: Development of updated land uses and Official Plan policies, including technical studies to
inform them to implement the land use master plan approved by Council in 2019.
Current Status: IN PROGRESS
Technical studies are being finalized. A community open house was
held on May 30 to share and obtain input on draft land use.
Next Steps:
At this time, Council consideration of Official Plan and Zoning By-law
amendments to implement land use and zoning changes as a result
of the land use review are expected in August 2024
Project Lead:
Target Completion: Q3 2024
Carrie Musselman — Senior
Environmental Planner
Housing Accelerator Fund Initiative - Growing Together East (Major Transit Station Area) Planning
Framework Review
Description: Comprehensive review and update of land use, zoning, and urban design guidelines for the
Block Line, Fairway, and S ortsworld Major Transit Station Areas.
Current Status: An information report was provided to Committee of Council on June
TO COMMENCE Q2 2024 17, 2024 to launch Growing Together East.
Next Steps: An initial phase of community engagement will occur mid June
through July.
Project Lead: Target Completion: 2025
Adam Clark — Senior Urban Designer
(Architecture & Urban Form)
Page 181 of 198
WARD 4 and WARD 5
Dundee North Secondary Plan
Planning Framework Review
Description: Development of a
new secondary plan (land use, transportation, natural heritage system,
complete community) for lands in south-west Kitchener. The project will also fulfill the requirements for an
environmental assessment and will recommend infrastructure to service the area.
Current Status: ONGOING
Bill 162, Get It Done Act, received royal assent in May 2024. Bill 162
ONGONG
included additional lands within southwest Kitchener in its urban
area. City staff have been working with the landowners in the Dundee
North and southwest Kitchener area on advancing work on this
Secondary Plan. An updated project charter has been prepared that
Next Steps:
includes the additional lands that will now form part of the Dundee
North Secondary Plan. A report to Committee of Council on June 17
Project Lead:
is seeking Council authorization to sole source additional work to the
Adam Clark — Senior Urban Designer
consultant retained for the Dundee North Secondary Plan.
Next Steps:
City staff will continue to work with landowners to advance work for
lands within southwest Kitchener. A full community, stakeholder, and
Indigenous engagement process will occur
Project Leads:
Target Completion: Q2/Q3 2025
Carrie Musselman — Senior
Environmental Planner
Gaurang Khandelwal — Planner
(Policy)
WARD 6 — There are no Ward 6 specific projects at this time.
WARD 7 — There are no Ward 7 specific projects at this time.
WARD 8 — There are no Ward 8 specific projects at this time.
WARDS 9 & 10
Housing Accelerator Fund Initiative - Growing Together West (Protected Major Transit Station Area)
Planning Framework Review
Description: Comprehensive review and update of land use, zoning, and urban design guidelines for the 7
Major Transit Station Areas west of the
Conestoga Expressway.
Current Status:
Council approved Official Plan and Zoning By-law amendments for
ONGONG
Growing Together West in March 2024. The Official Plan
amendments are with the Region of Waterloo for their approval. The
Zoning By-law amendment for the Protected Major Transit Station
areas is under appeal.
Next Steps:
Work with the Region on the approval of the Official Plan
amendments.
Project Lead:
With Council's approval in March 2024, city of Kitchener's portion of
Adam Clark — Senior Urban Designer
work on Growing Together West is complete.
Architecture & Urban Form
Housing Accelerator Fund Initiative - Inclusionary Zoning
Description: Inclusionary Zoning can be used to require new, multi -unit housing developments to include
affordable units. The Region, Kitchener, Waterloo, and Cambridge are coordinating their approach to
implementing inclusionary zoning within MTSAs. A portion of this work is being funded through the Provincial
Streamline Development Approvals Funding. This work is being coordinated with Growing Together.
Current Status: Council approved Official Plan and Zoning By-law amendments
ONGOING creating an inclusionary zoning framework for Kitchener's Protected
Major Transit Station Areas. The Official Plan amendment is with the
Region of Waterloo for their approval. As part of Council's approval,
Council directed that staff report back by December 2024 with
Page 182 of 198
Housing Accelerator Fund Initiative - Inclusionary Zoning
recommendations on whether inclusionary zoning requirements
should continue to be advanced in the timeframe, with the Market
Area categorizations, and in the manner that was approved in March.
Next Steps:
Staff are working to retain a consultant to assist with the report back
to Council by December 2024. Additionally, staff are working with the
Region on the approval of the Official Plan amendment. Staff are also
working on an inclusionary zoning implementation guide and a
memorandum of understanding with the Region to coordinate
administrative roles and responsibilities.
Project Leads:
With Council's approval in March 2024, the City of Kitchener's portion
Tim Donegani — Senior Planner
of work on Inclusionary Zoning is complete.
EI ssa Pompa - Planner
Target Completion of Council report back — Q4 2024
District Energy Business Case
Description: Pre -feasibility study endorsed by Council in 2020. Current phase of work includes conducting
detailed technical and financial feasibility to connect new/existing public and private buildings in downtown to
a system primarily powered by geothermal energy.
Current Status: Consultant work on pre -feasibility has been completed. In November
ONGOING 2023 Council directed work on the next steps for district energy.
Next Steps: Consultant terms of reference are being prepared for the next phase
of work.
Project Lead: Target Completion: Q3 2024
Tim Done ani — Senior Planner
Page 183 of 198
Attachment D — Affordable Housing and Projects to Streamline Approvals (Q2 2024)
2024 Active Affordable Housing Development Status
Address and
Total Units
Affordable
Status
City incentives
applicant
Units
83-97 Victoria St N,
44
44
Site plan approval
Project manager
The Working Centre
granted, building permit
Affordable rental housing
issued
incentives (planning and
building application fees
waived)
82 Wilson Ave,
123
32 (net
Under construction
Affordable rental housing
Region of Waterloo
(existing)
increase)
incentives (planning and
building application fees
waived)
49 Queen St N,
41
41
Under construction
Affordable rental housing
Indwell Community
incentives (planning and
Homes and St. Peter's
building application fees
Lutheran Church
waived
137 Queen St S,
57
21
Clearing conditions of
Project manager
St Paul's Lutheran
site plan approval,
Affordable rental housing
Church
shoring permit issued,
incentives (planning and
Committee of
building application fees
Adjustment application
waived)
approved
210 Duke St E,
100
40
Final site plan approval
Project manager
Knossos Housing
issued, foundation
Affordable rental housing
permit issued, full
incentives (planning and
building permit under
building application fees
review
waived)
47 Charles St. E
160
160
Conditional site plan
Project manager
House of Friendship
approval granted
Affordable rental housing
incentives (planning and
building application fees
waived
15-105 Mooregate
378
378
Conditional site plan
Project manager
Cres
approval granted
Affordable rental housing
incentives (planning and
building application fees
waived
Total New Units:
780
716
Projects to Streamline Development Approvals
Site Plan folder updates
Description: Updating the file management software (AMANDA) for site plan applications to continue
process improvements and prepare for the public portal which will allow applicants to submit applications,
make payment and monitor progress.
Current Status: Underway
A multi -disciplinary team of development review staff are working with the technology project manager to
identify workflow improvements to integrate into folder updates.
Next Steps:
Page 184 of 198
The working team will be testing folder updates once complete later this summer. Once testing is complete,
the updated folders will go live for use on site plan applications with updated procedures and training to
support staff.
Project Lead: Tanya Roberts, Project Manager (Planning)
Completion date: Q4 2024
Page 185 of 198
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Staff Report
J
IKgc.;i' r� R
Financial Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: June 24, 2024
SUBMITTED BY: Ryan Scott, Chief Procurement Officer, 519-741-2200 ext. 7214
PREPARED BY: Ryan Scott, Chief Procurement Officer, 519-741-2200 ext. 7214
WARD(S) INVOLVED: N/A
DATE OF REPORT: April 30, 2024
REPORT NO.: FIN -2024-287
SUBJECT: Summary of Bid Solicitations Approved by the Chief Procurement
Officer (January 1, 2024 — March 31, 2024)
RECOMMENDATION:
For Information
REPORT HIGHLIGHTS:
• The purpose of this report is to provide a quarterly update on Procurements that have
been approved through delegated authority in accordance with the Procurement By-law
2022-109.
• There were twenty (20) bid solicitations approved in this quarter.
• This report supports the delivery of core services.
BACKGROUND:
In accordance with Procurement By-law 2022-109 (Chapter 170 Municipal Code), section
27.1. "The CPO must submit quarterly procurement information reports to Council to provide
the following information about the City's procurement activities:
a) The circumstances and details of approved procurements exceeding $120,000 in value,
under delegated authority of the CPO; and
b) the circumstances and details of any emergency purchase(s) with a procurement value
exceeding $120,000."
REPORT:
Attachment 1 is a listing of the approved bid solicitations for Council's information.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 195 of 198
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
All bid solicitations awarded by the Chief Procurement Officer, were within approved
budgets, or were approved in accordance with the budget control policy.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of
the council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services
Department
ATTACHMENTS:
Attachment 1 — Listing of Approved Bid Solicitations January 1, 2024 — March 31, 2024
Page 196 of 198
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