HomeMy WebLinkAboutCouncil Agenda - 2025-03-03Council Meeting Agenda
Monday, March 3, 2025, 7:00 p.m.
Council Chambers - Hybrid
City of Kitchener
200 King Street W, Kitchener, ON N2G 4G7
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Pages
1. COMMENCEMENT
The meeting will begin with a Land Acknowledgement given by the Mayor and
the singing of "O Canada."
2. MINUTES FOR APPROVAL
Minutes to be accepted as circulated to the Mayor and Councillors (regular
meeting held February 10) - Councillor B. loannidis
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
Members of Council and members of the City's local boards/committees are
required to file a written statement when they have a conflict of interest. If a
conflict is declared, please visit www.kitchener.ca/conflict to submit your written
form.
4. COMMUNICATIONS REFERRED TO FILE
4.1 Flag Request under Policy MUN-FAC-442
4.1.a Copropcanada - Dominican Republic Independence Day - February
27, 2025
4.1.b Bulgarian Folklore Club - Kitchener - National Day of the Republic of
Bulgaria - March 3 - 5, 2025
4.1.c The Period Purse - Menstrual Health Day - May 28, 2025
5. PRESENTATIONS - NIL
6. DELEGATIONS
Pursuant to Council's Procedural By-law, delegations are permitted to address
the Committee for a maximum of five (5) minutes. All Delegations where
possible are encouraged to register prior to the start of the meeting. For
Delegates who are attending in-person, registration is permitted up to the start
of the meeting. Delegates who are interested in attending virtually must register
by 5:00 p.m. on March 3, 2025, in order to participate electronically.
6.1 Official Plan Amendment Application OPA24/012/K/ES and Zoning By-
law Amendment Application ZBA24/024/K/ES, 4611 King Street East,
Imperial Oil Ltd. c/o LJM Developments, DSD -2025-025, and addendum
reports DSD -2025-053 and DSD -2025-104, listed as Item 8.1
6.1.a Brandon Flewwelling, GSP Group
6.1.b Rollie Galbraith
7. REPORTS OF COMMITTEES
7.1 HERITAGE KITCHENER - FEBRUARY 4, 2025
7.1.a Kitchener's Great Places Awards Program Update - Mike and Pat
Wagner Heritage Awards, DSD -2025-037
That Heritage Kitchener endorse program amendments to the
Kitchener's Great Places Awards with respect to the award recipient
selection for the Mike and Pat Wagner Heritage Awards as
recommended in Development Services Department report, DSD -
2025 -037.
7.2 FINANCE AND CORPORATE SERVICES COMMITTEE - FEBRUARY
24, 2025
7.2.a Uncollectable Miscellaneous Receivable Accounts Write -Off
December 2024, FIN -2025-023
That uncollectable miscellaneous receivable accounts amounting to
$28,642 be written off against the Allowance for Doubtful Receivables,
as outlined in Financial Services Department report, FIN -2025-023
Page 2 of 37
7.2.b Uncollectable Utility Write -Off December 2024, FIN -2025-022
That uncollectable utility accounts amounting to $101,518 be written
off against the allowance for doubtful utility receivables, as outlined in
Financial Services Department report, FIN -2025-022
7.2.c 2025 Neighbourhood Association Affiliation, CSD -2025-079
That the list of proposed Neighbourhood Associations, as attached to
the Community Services Department report, CSD -2025-079, be
approved for affiliation for the year 2025 and added to the City's third -
party liability insurance program
7.2.d 2025 Community Grants Tier 2, CSD -2025-047
That 2025 community grants (Tier 2) in the amount of $233,653 be
approved as outlined in Attachment A, to Community Services
Department report, CSD -2025-047
7.2.e Proposed Changes to Kitchener's Great Places Awards Program,
DSD -2025-067
That the proposed amendments to Kitchener's Great Places Awards
program, as outlined in Development Services Department, report
DSD- 2025-067, be endorsed.
7.2.f Drinking Water Quality Management System (DWQMS) Management
Review Summary for 2024, INS -2025-008
That the City of Kitchener Drinking Water Quality Management
Standard (DWQMS), Management Review Summary for 2024, be
received for information, as outlined in Infrastructure Services
Department report, INS -2025-008.
7.2.g Summary Water Report 2024, INS -2025-009
That the 2024 City of Kitchener Summary Drinking Water Report be
received for information as required by O.Reg. 170/03 Schedule 22 of
the Safe Drinking water Act, as outlined in Infrastructure Services
Department report, INS -2025-009; and further,
That the City of Kitchener provide a copy of the Summary Drinking
Water Report to the Township of Woolwich and the City of Waterloo
as required by Schedule 22 of O.Reg. 170/03.
7.2.h New Dundee Road Local Improvement, DSD -2025-080
That the following recommendation be referred to the March 3, 2025,
Council Meeting to provide the Ward Councillor the opportunity to
engage in further discussions with the owners of the impacted
Page 3 of 37
properties:
"That a By-law to undertake the construction of a sanitary sewer
and watermain on New Dundee Road, Regional Road 12, From
Pinnacle Drive to 100m east of Robert Ferrie Drive, as a local
improvement with petition in accordance with O.Reg. 586/06 be
approved in the form shown attached to Development Services
Department report, DSD -2025-080; and further,
That the General Manager of Development Services be
authorized to approve and execute any agreements required to
implement the local improvement project to construct a sanitary
sewer and watermain on New Dundee Road as described in
Development Services Department report, DSD -2025-080, to
the satisfaction of the City Solicitor."
8. UNFINISHED BUSINESS
8.1 Official Plan Amendment Application OPA24/012/K/ES and Zoning By- 8
law Amendment Application ZBA24/024/K/ES, 4611 King Street East,
Imperial Oil Ltd. c/o LJM Developments, DSD -2025-025, and addendum
reports DSD -2025-053 and DSD -2025-104, DSD -2025-104
"That the following recommendation be deferred to the March 3, 2025,
Council Meeting to allow staff the opportunity to have further
conversations with the applicant related to the matters including but not
limited to: building height, transportation impacts, site access,
community amenities, and parking concerns:
"That Official Plan Amendment Application OPA/24/012/K/ES for
Imperial Oil Limited c/o LJM Developments requesting to add
Policy 15.D.12.80 to Section 15.D.12 and to add Specific Policy
Area 80 to Map 5 — Specific Policy Areas in the Official Plan to
facilitate a mixed use development having 586 residential dwelling
units and 1,892 square metres of commercial space within two
towers atop a shared podium with building heights of 18 and 26
storeys and a Floor Space Ratio (FSR) of 6.7, be approved, in the
form shown in the Official Plan Amendment attached to Report
DSD -2025-053 as Attachments 'Al' and `A2', and,
That Zoning By-law Amendment Application ZBA24/024/K/ES for
Imperial Oil Limited c/o LJM Developments be approved in the
form shown in the `Proposed By-law', and `Map No. 1', attached to
Report DSD -2024-053 as Attachments `131' and `132', and further,
That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990,
c. P. 13, as amended, further notice is not required to be given in
Page 4 of 37
respect to Zoning By-law Amendment ZBA24/024/K/ES.""
9. NEW BUSINESS
9.1 - MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC
9.2 Notice of Motion - D. Chapman - Recorded Votes
Councillor D. Chapman has given notice to introduce the following
motion for consideration this date:
"WHEREAS Kitchener City Council strives to be accountable and
transparent to the needs of the community;
WHEREAS the City's procedural by-law (Chapter 25 of the
Municipal Code) deems the minutes to be the formal public record
for the meeting;
WHEREAS the Council Chamber has been retrofitted with an
enhanced audio-visual conferencing system with new features that
allow for improved voting processes for members that attend
virtually to vote in the same manner as those that are present in
the Council Chamber;
WHEREAS there would be greater transparency to the meetings
and to the minutes if all votes conducted within meetings were
recorded through the conferencing system and reflected within the
minutes;
THEREFORE, BE IT RESOLVED that the City Clerk be directed to
prepare an amendment to the procedure by-law to require that
when an electronic voting system is available every Member of
Council or Committee present and participating in a vote on a
motion, excluding procedural motions, vote on consent items, and
by-laws, shall vote electronically;
THEREFORE BE IT FURTHER RESOLVED that when an
electronic voting system is used for a vote, the results will be
displayed and recorded in the minutes of the proceedings;
THEREFORE BE IT FINALLY RESOLVED that when an
electronic voting system is not available every Member of Council
or Committee present shall vote by a show of hands."
10. QUESTIONS AND ANSWERS
11. BY-LAWS
11.1 1ST AND 2ND READING
11.1.a Being a by-law to amend Chapter 110 of The City of Kitchener
Page 5 of 37
12.
13
14
Municipal Code regarding By-law Enforcement.
11.1.b To further amend By-law No. 88-171, being a by-law to designate
private roadways as fire routes and to prohibit parking thereon.
11.1.c To further amend By-law No. 2010-190, being a by-law to prohibit
unauthorized parking of motor vehicles on private property.
11.1.d Being a By-law to amend By-law No. 2022-109 regarding the
Procurement of Goods and Services.
11.1.e To confirm all actions and proceedings of the Council for March 3.
2025.
11.2 LATE STARTER BY-LAWS TO BE ADDED TO THE AGENDA,
PENDING APPROVAL OF THE REPORTS OF THE COMMITTEES
11.2.a To authorize the construction of certain works on New Dundee Road,
Kitchener as local improvements.
11.2.b Being a by-law to adopt Amendment No. 60 to the Official Plan -
4611 King Street East.
11.2.c Being a by-law to amend By-law No. 2019-051, as amended, known
as the Zoning By-law for the City of Kitchener — Imperial Oil Limited
c/o LJM Developments — 4611 King Street East.
COMMITTEE OF THE WHOLE
12.1 ADMINISTRATIVE REPORTS
12.1.a 2025 Council Schedule Amendment, COR -2025-102
12.1.b Request to Extend Timeline to Pass Designating By-law for 53
Church Street, DSD -2025-097
REPORT OF THE COMMITTEE OF THE WHOLE
BY-LAWS
14.1 3RD READING
14.1.a Being a by-law to amend Chapter 110 of The City of Kitchener
Municipal Code regarding By-law Enforcement.
(By-law 2025-024)
14.1.b To further amend By-law No. 88-171, being a by-law to designate
private roadways as fire routes and to prohibit parking thereon.
(By-law 2025-025)
14.1.c To further amend By-law No. 2010-190, being a by-law to prohibit
unauthorized parking of motor vehicles on private property.
(By-law 2025-026)
i3%
Page 6 of 37
14.1.d Being a By-law to amend By-law No. 2022-109 regarding the
Procurement of Goods and Services.
(By-law 2025-027)
14.1.e To confirm all actions and proceedings of the Council for March 3.
2025.
(By-law 2025-029)
14.2 LATE STARTER BY-LAWS TO BE ADDED TO THE AGENDA,
PENDING APPROVAL OF THE REPORTS OF THE COMMITTEES
14.2.a To authorize the construction of certain works on New Dundee Road,
Kitchener as local improvements.
(By-law 2025-028)
14.2.b Being a by-law to adopt Amendment No. 60 to the Official Plan -
4611 King Street East.
(By-law 2025-020)
14.2.c Being a by-law to amend By-law No. 2019-051, as amended, known
as the Zoning By-law for the City of Kitchener — Imperial Oil Limited
c/o LJM Developments — 4611 King Street East.
(By-law 2025-021)
15. ADJOURNMENT
Page 7 of 37
Staff Report
Development Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: March 3, 2025
SUBMITTED BY: Garett Stevenson, Director of Development and Housing
Approvals, 519-783-8922
PREPARED BY: Eric Schneider, Senior Planner, 519-783-8918
WARD(S) INVOLVED: Ward 3
DATE OF REPORT:
REPORT NO.:
February 27, 2025
DSD -2025-104
SUBJECT: Second Addendum Report
Official Plan Amendment Application OPA24/012/K/ES
Zoning By-law Amendment Application ZBA24/024/K/ES
4611 King Street East
Imperial Oil Limited c/o LJM Developments
RECOMMENDATION:
That Official Plan Amendment Application OPA/24/012/K/ES for Imperial Oil Limited
c/o LJM Developments requesting to add Policy 15.D.12.80 to Section 15.13.12 and to
add Specific Policy Area 80 to Map 5 — Specific Policy Areas in the Official Plan to
facilitate a mixed use development having 545 residential dwelling units and 650
square metres of commercial space within two towers atop a shared podium with
building heights of 14 and 26 storeys and a Floor Space Ratio (FSR) of 6.3, be
approved, in the form shown in the Official Plan Amendment attached to Report
DSD -2025-104025 as Attachments 'Al' and `A2', and,
That Zoning By-law Amendment Application ZBA24/024/K/ES for Imperial Oil
Limited c/o LJM Developments be approved in the form shown in the `Proposed By-
law', and `Map No. 1', attached to Report DSD -2024-104 as Attachments `131' and
`132', and further,
That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as
amended, further notice is not required to be given in respect to Zoning By-law
Amendment ZBA24/024/K/ES.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide Council with a further revised `Proposed Bv-
law' for the Zoning By-law Amendment Application that was presented and considered
in conjunction with an Official Plan Amendment Application to the Planning and
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 8 of 37
Strateqic Initiatives Committee on January 27, 2025 in report DSD -2025-025, and a
revised version presented to the City Council meeting held on February 10, 2025 in
report DSD -2025-053.
• This report supports the delivery of core services.
BACKGROUND:
On January 27th, 2025 Staff presented Official Plan Amendment Application
OPA/24/012/K/ES and Zoninq By-law Amendment Application ZBA24/024/K/ES for the
subject lands located at 4611 King Street East in report DSD -2025-025 to the Planning
and Strateqic Initiatives Committee. Committee referred the decision to the Council
meetinq February 10th, 2025 and directed Staff to address comments and ideas raised by
Council and the community.
On February 10th, the applicant presented Council with a revised concept that included
reducinq the proposed tower heiqhts from 33 and 22 storeys to 26 and 18 storeys. This
resulted in reduced overall density and an increased parking rate. Council referred the
decision to the Council meeting on March 3rd, 2025 and requested that the applicant
consider further revisions to address comments and ideas raised by Council and the
community.
The applicant has presented a further revised concept that qenerally includes reducing the
proposed tower heights to 26 and 14 storeys, eliminating the office floor area in the
podium, which will further reduce density of the proposal and increase the proposed
parking rate.
REPORT:
The applicant presented a revised plan that reduces the density on site. The changes in
density and the resultant changes to the by-law requests are detailed below.
Tower Heights
Across both towers, a total of 15 storeys have been removed.
Planning and Strategic Initiatives Committee Meeting, DSD -2025-025 (January 27, 2025)
King Street Tower 33 Storeys
Rear Tower 22 storeys
Council Meeting, DSD -2025-053 (February 10, 2025)
King Street Tower 26 Storeys
Rear Tower 18 storeys
Council Meeting, DSD -2025-104 (March 3, 2025)
King Street Tower 26 Storeys
Rear Tower 14 storeys
Unit Reduction
181 units have been removed.
Page 9 of 37
Planning and Strategic Initiatives Committee Meeting, DSD -2025-025 (January 27, 2025)
726 units
Council Meeting, DSD -2025-053 (February 10, 2025)
583 units
Council Meeting, DSD -2025-104 (March 3, 2025)
545 units
Floor Space Ratio (FSR) Reduction
Reduction of 15 storeys results in a decrease in FSR.
Planning and Strategic Initiatives Committee Meeting, DSD -2025-025 (January 27, 2025)
7.9 FSR
Council Meeting, DSD -2025-053 (February 10, 2025)
6.7 FSR
Council Meeting, DSD -2025-104 (March 3, 2025)
6.3 FSR
Parking Rate
Total proposed provided parking remains at 493 parking spaces, but with the reduction in
units this results in an increase in the parking rate per dwelling unit.
Planning and Strategic Initiatives Committee Meeting, DSD -2025-025 (January 27, 2025)
0.57 parking Spaces per dwelling unit
Council Meeting, DSD -2025-053 (February 10, 2025)
0.75 parking Spaces per dwelling unit
Council Meeting, DSD -2025-104 (March 3, 2025)
0.85 parking Spaces per dwelling unit
Non -Residential Floor Area
The applicant is proposing to remove the proposed office component of the plan. The
space (approximately 1,200 square metres) that was proposed to be located on the
second floor of the building base as office space will be replaced with dwelling units to
partially offset the unit loss from the reduction of four storeys from the rear tower. The
reduction in four storeys will still result in an additional unit loss of 38 dwelling units, in
addition to the units removed as shown on the proposal presented to Council on February
10, 2025.
Note on Affordable Housing Units
The applicant has proposed to provide 20 affordable housing dwelling units to be operated
by the Region of Waterloo for 15 years following occupancy. This is an increase from the
previously stated 10 affordable housing dwelling units that the applicant had proposed to
Page 10 of 37
provide at the February 10th, 2025 Council Meeting. The subject lands are outside of any
PMTSA and the City does not have the authority to require affordable housing units
through Inclusionary Zoning (IZ) on the subject lands. The City cannot require these units
to be provided within provisions of the `Proposed By-law'. However, City Staff will work
with the applicant and the Region of Waterloo Staff to facilitate the necessary discussions
to further this applicant -volunteered initiative to fruition.
STRATEGIC PLAN ALIGNMENT:
The recommendation of this report supports the achievement of the City's strategic vision
through the delivery of core service.
FINANCIAL IMPLICATIONS:
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 — Staff circulated the revised concept details to residents who participated in
previous meetings or provided comments on the application.
PREVIOUS REPORTS/AUTHORITIES:
• DSD -2025-025 -Official Plan Amendment OPA24/012/K/ES and Zoning By-law
Amendment Application ZBA24/024/K/ES 4611 King Street East
• DSD -2025-053 - Addendum Report Official Plan Amendment OPA24/012/K/ES
and Zoning By-law Amendment Application ZBA24/024/K/ES 4611 King Street
East
REVIEWED BY: Malone -Wright, Tina - Manager of Development Approvals,
Development and Housing Approvals Division
APPROVED BY: Readman, Justin - General Manager, Development Services
ATTACHMENTS:
Attachments Al and A2 — Proposed Official Plan Amendment
Attachments B1 and B2 — Revised Proposed By-law and Map. No. 1
Page 11 of 37
Attachment "A" DSD -2025-025
AMENDMENT NO. XX TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
4611 Kina Street East
Page 12 of 37
INDEX
AMENDMENT NO. XX TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
4611 Kina Street East
SECTION 1 TITLE AND COMPONENTS
SECTION 2 PURPOSE OF THE AMENDMENT
SECTION 3 BASIS OF THE AMENDMENT
SECTION 4 THE AMENDMENT
APPENDICES
APPENDIX 1 Notice of the Meeting of Planning and Strategic
Initiatives Committee of January 27, 2025
APPENDIX 2 Minutes of the Meeting of Planning and Strategic
Initiatives Committee — January 27, 2025
APPENDIX 3 Minutes of the Meeting of City Council — February 10,
2025
Page 13 of 37
Attachment "A" DSD -2025-025
AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER
SECTION 1 — TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. XX to the Official Plan of the City
of Kitchener. This amendment is comprised of Sections 1 to 4 inclusive.
SECTION 2 — PURPOSE OF THE AMENDMENT
The purpose of the Official Plan Amendment is to amend Section 15.D.12 the Official Plan
by adding Policy 15.D.12.80 to the text and Specific Policy Area 80 to Map 5of the Official
Plan.
SECTION 3 — BASIS OF THE AMENDMENT
The subject lands are designated `Commercial' in the City of Kitchener Official Plan.
Planning Analysis:
Planning Act, R.S.O. 1990, c. P.13 25.
Section 2 of the Planning Act establishes matters of provincial interest and states that
the Minister, the council of a municipality, a local board, a planning board and the
Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among
other matters, matters of provincial interest such as:
f) The adequate provision and efficient use of communication, transportation,
sewage and water services and waste management systems;
g) The minimization of waste;
h) The orderly development of safe and healthy communities;
j) The adequate provision of a full range of housing, including affordable housing;
k) The adequate provision of employment opportunities;
p) The appropriate location of growth and development;
q) The promotion of development that is designed to be sustainable, to support
public transit and to be oriented to pedestrians;
r) The promotion of built form that,
(i) Is well-designed,
(ii) Encourages a sense of place, and
(iii) Provides for public spaces that are of high quality, safe, accessible,
attractive and vibrant;
s) The mitigation of greenhouse gas emissions and adaptation to a changing
climate.
These matters of provincial interest are addressed and are implemented through the
Provincial Planning Statement, 2024, as it directs how and where development is to
occur. The City's Official Plan is the most important vehicle for the implementation of the
Provincial Planning Statement, 2024 and to ensure Provincial policy is adhered to.
Provincial Planning Statement, 2024:
Page 14 of 37
Attachment "A" DSD -2025-025
The Provincial Planning Statement (PPS), 2024 is a streamlined province -wide land use
planning policy framework that replaces both the Provincial Policy Statement,
2020 and A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 while
building upon housing -supportive policies from both documents. The PPS 2024 came
into force on October 20, 2024.
The PPS 2024 provides municipalities with the tools and flexibility they need to build
more homes. Some examples of what it enables municipalities to do are; plan for and
support development and increase the housing supply across the province; and align
development with infrastructure to build a strong and competitive economy that is
investment -ready.
Sections 2.1.6 and 2.3.1.3 of the PPS 2024 promotes planning for people and homes
and supports planning authorities to support general intensification and redevelopment
while achieving complete communities by, accommodating an appropriate range and
mix of land uses, housing options, transportation options with multimodal access,
employment, public service facilities and other institutional uses, recreation, parks and
open space, and other uses to meet long-term needs.
Section 2.2.1 b) states that planning authorities shall provide for an appropriate range
and mix of housing options and densities to meet projected needs of current and future
residents by permitting and facilitating all types of residential intensification, including
the redevelopment of underutilized commercial sites.
Policies further promote, improving accessibility and social equity, and efficiently using
land, resources, and existing infrastructure.
Planning staff is of the opinion that this proposal in in conformity with the PPS.
Regional Official Plan (ROP):
Bill 23, More Homes Built Faster Act, 2022, introduced significant changes to
the Planning Act to streamline the development process and increase housing supply
across the province. Planning responsibilities from the Region of Waterloo have been
transferred to the City of Kitchener and other area municipalities as of January 1, 2025.
As a result, the Region no longer has a ROP as it is now an Official Plan for area
municipalities who are responsible for implementation of the ROP until it is repealed or
amended through a future Area Municipal planning exercise.
The subject lands are designated `Urban Area' and `Built -Up Area' on Schedule 3a of
the Regional Official Plan (ROP). The subject lands are located along a Regional
Intensification Corridor (King Street East). Urban Area policies of the ROP identify that
the focus of the Region's future growth will be within the Urban Area and the proposed
development conforms to Policy 2.F of the ROP as the proposed development will
support the achievement of the minimum intensification targets within the delineated
Built -Up Area.
Growth is directed to the Built Up Area of the Region to make better use of
infrastructure that can assist in transitioning the Region into an energy efficient, low
carbon community. Furthermore, intensification within the Built -Up Area assists the
Page 15 of 37
Attachment "A" DSD -2025-025
gradual transition of existing neighbourhoods within the Region into 15 -minute
neighbourhoods that are compact, well connected places that allow all people of all
ages and abilities to access the needs for daily living within 15 minutes by walking,
cycling or rolling. The development also proposes units with a range of bedroom counts
and unit sizes, which serve to enhance the mix of unit types in the area and is
appropriately located along a corridor well -served by transit. The Region of Waterloo
have indicated they have no objections to the proposed application. Planning staff are of
the opinion that the applications conform to the Regional Official Plan.
City of Kitchener Official Plan (OP):
The City of Kitchener OP provides the long-term land use vision for Kitchener. The
vision is further articulated and implemented through the guiding principles, goals,
objectives, and policies which are set out in the Plan. The Vision and Goals of the OP
strive to build an innovative, vibrant, attractive, safe, complete, and healthy community.
The subject lands are within an `Arterial Corridor' (Map 2 — Urban Structure) in the City
of Kitchener Official Plan. The subject lands are designated `Commercial' (Map 3 —
Land Use) in the City of Kitchener Official Plan. The Commercial land use designation
permits commercial and service commercial uses. The range of uses are dependent on
the Urban Structure.
The applicant is proposing to amend the Official Plan to add a Specific Policy Area to
permit the use of retail and dwelling units within an Arterial Corridor Urban Structure.
Urban Structure
The Official Plan establishes an Urban Structure for the City of Kitchener and provides
policies for directing growth and development within this structure. Intensification Areas
are targeted throughout the Built-up Area as key locations to accommodate and receive
the majority of development or redevelopment for a variety of land uses. Primary
Intensification Areas include the Urban Growth Centre, Protected Major Transit Station
Areas, City and Community Nodes and Urban Corridors, and Secondary Intensification
Areas include Neighbourhood Nodes and Arterial Corridors in this hierarchy, according
to Section 3.C.2.3 of the Official Plan. The subject lands are located within an Arterial
Corridor. The planned function of an Arterial Corridor is to provide for a limited range of
retail and service commercial uses intended to predominately serve those travelling by
automobile and to accommodate a limited range of land extensive retail uses which
require outdoor storage or sales.
The uses of retail and dwelling units are not contemplated in to be included as permitted
uses or in the planned function of Arterial Corridors in the Official Plan. The applicant is
requesting an amendment to add these uses through the establishment of a Special
Policy Area (80). Justification provided by the applicant states the site achieves the
planned function of the Arterial Corridor as it will be developed with ground level and
second floor commercial uses that address King Street East and serve the arterial
corridor. The dwelling units will be located above and behind those commercial uses.
The applicant also states the site acts as a gateway to the City of Kitchener as it is
located adjacent to the municipal boundary to Cambridge, and a gateway to the Region
Page 16 of 37
Attachment "A" DSD -2025-025
of Waterloo as it is located adjacent to the Highway 401 off ramp into the City of
Kitchener/City of Cambridge.
Commercial Land Use Designation Policies
The policies listed below are in regard to the permitted uses within Arterial Corridors.
The applicant is requesting to establish a Site -Specific Policy to permit retail and
dwelling units, notwithstanding the following policies:
15.D.5.16. The permitted uses on lands designated Commercial and identified as a
Protected Major Transit Station Area, City Node, Community Node, Arterial
Corridor or Urban Corridor on Map 2, may include:
a) auto service stations which may include car washes, gas stations and/or gas
bars;
b) commercial entertainment uses as an accessory use within a hotel, motel,
restaurant or planned commercial recreation complex,
c) commercial recreation;
d) conference / convention / exhibition facilities;
e) drive-through facilities;
f) financial establishments;
g) funeral homes;
h) hotels and motels;
i) health offices and health clinics;
j) office;
k) personal services;
I) religious institutions;
m) restaurants;
n) sale, rental, service, storage or repair of motor vehicles, major recreational
equipment and parts and accessories for motor vehicles or major
recreational equipment; and,
o) vehicle and recreational equipment sales/rental and service.
15. D. 5.17. In addition to Policy 15.D.5.16, the permitted uses on lands designated
Commercial and identified as a Protected Major Transit Station Area, City
Node, Community Node or Urban Corridor on Map 2:
a) will include retail, and may include retail commercial centres where they are
permitted in accordance with the applicable policies in Section 3. C. 2; and,
b) may include dwelling units, where appropriate, provided that they are
located in the same building as compatible commercial uses and are not
located on the ground floor to a maximum Floor Space Ratio of 2.0.
15. D. 5.20. Lands designated Commercial and identified as an Arterial Corridor on Map 2:
a) are not intended to accommodate retail activities that are more appropriately
located and otherwise permitted in the Urban Growth Centre (Downtown), or
on lands designated Commercial Campus, Mixed Use, or on lands
Page 17 of 37
Attachment "A" DSD -2025-025
designated for commercial uses within Urban Corridors. Accordingly,
permitted retail uses will be restricted to only retail uses that are:
i) accessory to a warehouse, storage or distribution facility;
ii) form part of an establishment relating to the servicing of motor vehicles or
major recreational equipment,
iii) accessory to or contained within permitted service commercial uses;
iv) require large enclosed or open storage areas to sell bulky, space
intensive goods;
v) convenience retail.
b) will also permit a limited range of light industrial uses which by the nature of
their operation are well suited for location on Regional Roads and City
arterial streets. Accordingly, the following uses may also be permitted:
i) contractor's establishment, with the exception of craftsman shops used
for the production of handmade or custom commodities, industrial uses
that engage in on-site manufacturing or processing will not be permitted,
ii) manufacturing uses will be permitted on specific properties zoned to
permit manufacturing as of the date of approval of this Plan;
iii) warehousing; and,
iv) wholesaling.
15. D. 5.21. The City will have regard to the following criteria when considering
development or redevelopment applications for new uses in lands designated
Commercial and identified with an Arterial Corridor on Map 2 and/or
justification to expand or create a new Commercial land use designation
within an Arterial Corridor on Map 2:
a) the uses are not compatible or feasible to locate in the other lands
designated for commercial uses or within the Urban Growth Centre
(Downtown);
b) the use requires exposure and accessibility afforded by Regional or City
Arterial Streets given the nature of their goods and services;
c) the use relies on business from and exposure to the travelling public; and/or,
d) the use is not required to locate within an industrial employment area due to
the characteristics of the operation.
Page 18 of 37
Attachment "A" DSD -2025-025
Staff acknowledge that a Specific Policy Area is required to be established to permit the
uses of retail and dwelling units on the subject lands. There are certain factors that
encourage consideration for allowing the use of retail and dwelling units, despite the OP
policies that do not permit them as -of -right.
Firstly, the subject applications present a unique opportunity to provide for
intensification on an underutilized parcel of land that has been vacant for decades. Use
of existing land within the built-up area is desirable to create an efficient use of
resources and infrastructure.
Secondly, the site contains a known plume of contaminated groundwater, and these
applications would require a Record of Site condition to be filed with the Province that
would require the lands to be remediated or risk assessed for use as residential. In
order to construct the proposed underground parking levels, the applicant will be
required to remove some of the contaminated groundwater from the existing known
plume on site that will need would be properly treated. This helps to remediate,
revitalize, and re -use a site that was formerly used as a gas station and contains known
contaminants as identified in the Phase I and Phase II Environmental Site Assessments
that have been completed on the site.
Thirdly, the City's new Official Plan Comprehensive Review (Kitchener 2051) is
exploring new ways to spread density throughout the City's intensification areas,
allowing greater permissions for mixed use, spreading residential density throughout the
city in order to respond to rapidly evolving land use needs. In order to meet the City's
ambitious housing pledge, Staff and Council acknowledge that permissions for housing
density in more places and leveraging underutilized lands to unlock potential for
intensification will be important strategies to employ both on a policy level, and when
considering individual development applications such as this one.
Lastly, the King Street East corridor between Highway 8 and Highway 401 is evolving,
largely due to a significant portion of lands within a Protected Major Transit Station Area
(PMTSA). City Staff are currently working on a project to bring to Council in the second
quarter of 2025 for approval of new land use policies and permissions for the lands
within the PMTSA called "Growing Together East". The land use changes aim to align
with City objectives to:
• Address the housing crisis by improving housing choice and affordability in
Kitchener's MTSAs
• Address the climate emergency by creating transit -supportive communities. This
includes maximizing the use of existing infrastructure and leveraging new
infrastructure.
• Encourage a shift towards active transportation and transit within complete
communities that provide for daily needs
• Help bring more people, activity, life and diversity to Kitchener's MTSAs
Although the subject lands are approximately 200 metres outside of the PMTSA area
(east), it is expected that there will be increased focus and interest in intensification and
Page 19 of 37
Attachment "A" DSD -2025-025
redevelopment in areas just outside of MTSA's, especially along major transportation
corridors like King Street East.
Urban Design Policies:
The City's urban design policies are outlined in Section 11 of the City's OP. In the
opinion of staff, the proposed development satisfies these policies including:
Streetscape; Safety; Universal Design; Site Design; Building Design, and Massing and
Scale Design. To address these policies, an Urban Design Brief was submitted and has
been reviewed by City staff. The Urban Design Brief is acceptable and outlines the
vision and principles guiding the site design and informs the proposed zoning
regulations.
Streetscape — The proposed concept includes retail storefronts along King Street East
with individual pedestrian entrances. The podium/building base is situated along King
Street East and encompasses over 50% of the site's frontage. Building entrances and
windows on the ground floor articulate the building and provide visual interest at street
level. Opportunities for landscape (planting beds) between the building and the sidewalk
are available and shown on the concept plan.
Safety — As with all developments that go through Site Plan Approval, staff will ensure
Crime Prevention through Environmental Design (CPTED) principles are achieved and
that the site meets emergency services policies. Staff will ensure that Driveway Visibility
Triangles (DVTs) are provided to ensure adequate visibility for motorists, cyclists, and
pedestrians at the site entrance.
Universal Design — The development will be designed to comply with Accessibility for
Ontarians with Disabilities Act and the Ontario Building Code. Barrier -Free parking is
provided within underground and above -grade parking.
Site Design, Building Design, Massing and Scale — The massing and distribution of
density has been revised as a result of Staff and Neighbourhood comments. First, the
tower at the rear of the site (Building B) has been reduced by 3 storeys, from 25 to 22
storeys. These 3 storeys have been added to the tower at the front of the site (Building
A). Secondly, the location of Building B has been shifted by approximately 3 metres to
the northeast, further from lands zoned low rise residential, now meeting the transition
to low rise zoning regulation. In regards to building design, the applicant has selectively
provided balconies to ensure that they are not projecting towards the low rise residential
lands and are instead facing internal, facing MTO owned lands, or facing King Street
East. This is in response to privacy concerns of existing adjacent low rise residential
lands.
Shadow Impact Analysis
The applicant has completed a Shadow Impact Analysis in addition to the Urban Design
Brief. Staff have reviewed the study and are satisfied the shadow study meets the
requirements outlined in the City of Kitchener Urban Design Manual.
Tower Design
Page 20 of 37
Attachment "A" DSD -2025-025
Both proposed towers are classified as a "Compact Slab Tower" as the proposed tower
floor plates are less than 850 square metres in area, with a greater than 1.6 ratio of the
building length and width. The towers are on a shared 7 -storey podium/building base.
The tower massing is broken up vertically by variation and the articulation of building
materials and balconies. The building includes a 3 -storey portion along King Street East
as a building step-down.
Transportation Policies:
The Official Plan supports an integrated transportation system which incorporates active
transportation, allows for the movement of people and goods and promotes a vibrant,
healthy community using land use designations and urban design initiatives that make a
wide range of transportation choices viable.
On Map 2 of the City's Official Plan, King Street East adjacent to the subject lands is
identified as a Light Rail Transit Corridor. However, the subject lands are not within a
Protected Major Transit Station Area. The site is located 1.2 km east of the planned
King and Sportsworld Ion Station Stop (Ion Phase 2). Protected Major Transit Station
Areas are generally an 800 metre radius from Light Rail Transit Station Stops.
The subject lands are in close proximity (under 5 minute walk) to existing Grand River
Transit bus pads on King Street East for routes Npress 203 and 206, providing region
wide access and connectivity. Pedestrian sidewalks exist in front of the subject lands
and extend west. The sidewalk does not continue east and ends before the Highway
401 West on-ramp. The Region of Waterloo does not have any conceptual plan and
there is no funding in the Region's 10 -year capital forecast to extend sidewalk under
Highway 401 and toward the municipal boundary to Cambridge.
The site is not currently well -served by on- or off-street cycling facilities. A Multi -Use
Trail (MUT) exists on the north side of King Street (opposite side of the subject lands)
between Sportsworld Drive and Gateway Park Drive. The MUT is proposed to be
extended on King Street between Sportsworld Drive and the Freeport Bridge in future
phases of construction in 2028-2029.
Vehicular access is provided in a single point of access from King Street East. The
access is located on the west side of the site in order to be as far as possible from the
on ramp to Highway 401 (westbound) that is located east of the site. Vehicular
movements are to be right in, right out only. There is an existing concrete median along
King Street East, with a break for U-turns in front of the subject lands. The median
break would be removed in the future when the LRT is constructed on the centre line
median and U-turns would no longer be available to vehicles exiting the site and
travelling west on King Street East. City staff have flagged concerns for vehicle
movements both current and future to Regional transportation staff.
The proposed Official Plan Amendment and Zoning By-law Amendment Applications
support a dense residential development. The typology of the proposed buildings will
result in a compact built form that fosters walkability within a pedestrian -friendly
environment that allows walking to be safe, comfortable, barrier -free and a convenient
form of urban travel.
10
Page 21 of 37
Attachment "A" DSD -2025-025
Housing Policies:
Section 4.1.1 of the City's Official Plan contains policies with the primary objective to
provide for an appropriate range, variety and mix of housing types and styles, densities,
tenure and affordability to satisfy the varying housing needs of our community through
all stages of life. The proposed development increases the range of dwelling units
available in the city. The development is contemplated to include a range of unit types
including, one-, two- and three-bedroom units. The wide range of units, in this location,
will appeal to a variety of household needs and directly responds to the need for more
housing during the current housing crisis.
Section 4.C.1.3 states that the majority of new residential growth in the Built -Up Area
will occur within Intensification Areas. The site is within a secondary intensification area
(Arterial Corridor). Section 4.C.1.6 states that the City will identify and encourage
residential intensification and redevelopment including infill opportunities in order to
respond to changing housing needs and as a cost-effective means to reduce
infrastructure and servicing costs by minimizing land consumption and making better
use of community infrastructure.
SECTION 4 — THE AMENDMENT
The City of Kitchener Official Plan (2014) is hereby amended as follows:
a) Part C, Section 15.D.12 Area Specific/Site Specific Policy Areas is amended by
adding Policy 15.D.12.80 thereto as follows:
"80. 4611 Kinq Street East
Notwithstanding the Arterial Corridor urban structure identification and
policies and the Commercial land use designation and policies, applied to
the lands located at 4611 King Street, retail and office uses and dwelling
units will be permitted.
Four (4) Holding Provisions will be applied to residential uses and will not
be removed through a By-law Amendment until such time as the City of
Kitchener is in receipt of a Record of Site Condition, Noise Study, Sanitary
Servicing Flows Acceptance, and Stormwater Servicing Flows
Aceeptance.
b) Map No. 5 — Specific Policy Areas is amended by adding Specific Policy Area '80,
4611 King Street East' as shown on the attached Schedule W.
11
Page 22 of 37
APPENDIX 1
for a development in your neighbourhood
4611 King Street East
Concept Drawing
I X 0 i rovv('I'"' 6
E1 10
Yon Y"
Attachment "A" DSD -2025-025
Have Your Voice Heard!
Planning & Strategic initiatives Committee
Date: Januairy27,2025
Location: Council Chambers,
Kitchener City Hall
200 King Street West
arVirtual Zoom Meeting
Go to kitcheineir.ca/meetings
and sellect:
Current agendas and reports
(posted '10 days before, rneetlnp)
Appear as a delegation
0 Watch a meeting
To leam more about this project, includinp,
information ran your appeal) rights, visit:
www.kitchener.ca/
Planni ngApplicatioins
orcontact:
Eric Schneider, Senior Planner
erjc.schineider(d) kitcherier.ca
519.783.8918
"i"he City of Kitchener will consider applications for an Official Plan Amendment and a
Zoning By-law Amendment to facilitate the development of the site with a mixed use
devellopirnent consisting of two towers (25 and 30 -storeys) atop a"7' -storey podium
having a Floor Space Ratio of 7.8, with 726 dwelling units, 1,892 square metres of
commercial space, and 501 parking spaces.
12
Page 23 of 37
Attachment "A" DSD -2025-025
APPENDIX 2 Minutes of the Meeting of Planning and Strategic
Initiatives Committee — January 27, 2025
13
Page 24 of 37
Attachment "A" DSD -2025-025
APPENDIX 3 Minutes of the Meeting of City Council — February 10,
2025
14
Page 25 of 37
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DSD -2025-104 Attachment "A"
PROPOSED BY — LAW
, 2025
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law No. 2019-051, as amended, known as the
Zoning By-law for the City of Kitchener — Imperial Oil Limited c/o LJM
Developments — 4611 King Street East)
WHEREAS it is deemed expedient to amend Zoning By-law 2019-051 for the
lands specified above;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts
as follows:
Zoning Grid Schedule Number 296 of Appendix "A" to By-law 2019-051 is hereby
amended by changing the zoning applicable to the parcel of land specified and
illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from
Arterial Commercial Zone (COM -3) with Site Specific Provision (88) to Mixed Use
Three Zone (MIX -3) with Site Specific Provision (417) and Holding Provisions
(97H), (98H), (99H), and (100H).
2. Zoning Grid Schedule Number 296 of Appendix "A" to By-law 2019-051 is hereby
further amended by incorporating additional zone boundaries as shown on Map
No. 1 attached hereto.
3. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (417)
thereto as follows:
"417. Notwithstanding Sections 5.6 and 8.3 of this By-law, for the lands zoned
MIX -3 and shown as being affected by this subsection on Zoning Grid
Schedule Number 296 of Appendix "A", the following special regulations
shall apply:
Page 27 of 37
DSD -2025-104 Attachment "A"
i) The maximum Floor Space Ratio shall be 6.3;
ii) The maximum Building Height shall be 91 metres and 26 storeys
for the portion of the lands within 32 metres of King Street East;
iii) The maximum Building Height shall be 52 metres and 14 storeys
for the portion of the lands greater than 32 metres from King Street
East;
iv) The minimum Interior Side Yard shall be 3 metres;
v) The minimum non-residential gross floor area shall be 600 square
metres;
vi) The maximum number of storeys in the base of a tall building shall
be 7 storeys;
vii) The minimum residential parking rate shall be 0.85 parking spaces
per Dwelling Unit;
viii) Geothermal Wells are prohibited on site. A geothermal well is
defined as a vertical well, borehole or pipe installation used for
geothermal systems, ground -source heat pump systems, geo-
exchange systems or earth energy systems for heating or cooling;
including open -loop and closed-loop vertical borehole systems. A
geothermal well does not include a horizontal system where
construction or excavation occurs to depths less than five meters
unless the protective geologic layers overlaying a vulnerable
aquifer have been removed through construction or excavation."
4. Section 20 of By-law 2019-051 is hereby amended by adding Section 20 (97H)
thereto as follows:
"97H. Notwithstanding Section 8 of this By-law within the lands zoned
Mixed Use Three Zone (MIX -3) and shown as being affected by this
subsection on Zoning Grid Schedule Number 296 of Appendix "A", no
residential uses shall be permitted until such time as the following condition
has been met and this holding provision has been removed by by-law:
a) A Record of Site Condition is submitted and approved to the
satisfaction of the Ministry of the Environment, Conservation and
Page 28 of 37
DSD -2025-104 Attachment "A"
Parks or any successor Ministry ("MECP"). This Holding Provision
shall not be removed until the City is in receipt of a letter from
MECP, to the satisfaction of the City's Director of Development and
Housing Approvals, advising that a Record of Site Condition has
been completed and filed to the satisfaction of the MECP."
5. Section 20 of By-law 2019-051 is hereby amended by adding Section 20 (98H)
thereto as follows:
"98H. Notwithstanding Section 8 of this By-law within the lands zoned
Mixed Use Three Zone (MIX -3) and shown as being affected by this
subsection on Zoning Grid Schedule Number 296 of Appendix "A", no
residential uses shall be permitted until such time as the following condition
has been met and this holding provision has been removed by by-law:
a) A detailed transportation (road) and stationary noise study has
been completed and implementation measures recommended to
the satisfaction of the City."
6. Section 20 of By-law 2019-051 is hereby amended by adding Section 20 (99H)
thereto as follows:
"99H. Notwithstanding Section 8 of this By-law within the lands zoned
Mixed Use Three Zone (MIX -3) and shown as being affected by this
subsection on Zoning Grid Schedule Number 296 of Appendix "A", no
residential uses shall be permitted until such time as the following condition
has been met and this holding provision has been removed by by-law:
a) The City has received a letter from the Corporation of the City of
Cambridge's Manager of Development Engineering and the City of
Kitchener's Director of Engineering stating that the proposed
sanitary flows are acceptable, to the satisfaction of the City's
Director of Housing and Development Approvals."
7. Section 20 of By-law 2019-051 is hereby amended by adding Section 20 (100H)
thereto as follows:
"100H. Notwithstanding Section 8 of this By-law within the lands zoned
Mixed Use Three Zone (MIX -3) and shown as being affected by this
subsection on Zoning Grid Schedule Number 296 of Appendix "A", no
Page 29 of 37
DSD -2025-104 Attachment "A"
residential uses shall be permitted until such time as the following condition
has been met and this holding provision has been removed by by-law:
a) The City has received a letter from the Manager of Corridor
Planning, at the Region stating that the stormwater management
flows are acceptable, to the satisfaction of the City's Director of
Housing and Development Approvals."
8. This By-law shall become effective only if Official Plan Amendment No. _, 4611
King Street East comes into effect, pursuant to Section 24(2) of The Planning Act,
R.S.O. 1990, c. P.13, as amended.
PASSED at the Council Chambers in the City of Kitchener this day of
, 2025.
Mayor
Clerk
Page 30 of 37
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1
Staff Report
I R finance and Corporate Services Department www.kitchener ca
REPORT TO: Committee of the Whole
DATE OF MEETING: March 3, 2025
SUBMITTED BY: Dianna Saunderson, Manager, Council and Committee Services /
Deputy Clerk
PREPARED BY: Dianna Saunderson, Manager, Council and Committee Services /
Deputy Clerk
WARD(S) INVOLVED: N/A
DATE OF REPORT: February 25, 2025
REPORT NO.: COR -2025-102
SUBJECT: 2025 Council and Committee Schedule - Amendment
RECOMMENDATION:
That that 2025 Council and Committee schedule be amended to reschedule the Audit
Committee meeting date of March 3, 2025 to April 7, 2025, as outlined in Corporate
Services Department report COR -2025-102; and further,
The Council meeting and Audit Committee meeting date of June 30, 2025 be rescheduled
to June 23, 2025.
REPORT HIGHLIGHTS:
The purpose of this report is to amend the 2025 Council and Committee meeting schedule.
This report supports the delivery of core services.
BACKGROUND:
Each year, a schedule of Council and Standing Committee meetings is adopted. Meetings are
scheduled on rotating Mondays and generally include a one-week recess between Standing
Committee and Council. If an amendment is proposed to the approved calendar, a resolution of
Council is required.
REPORT:
It is being recommended that the Audit Committee meeting scheduled for March 3, 2025, be
rescheduled to August 7, 2025; and, due to the Canada Day statutory holiday falling on a
Tuesday, that the Audit Committee meeting and Council meeting scheduled for June 30, 2025,
be rescheduled for June 23, 2025.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 32 of 37
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
• COR -2024-459 - 2025 Council and Committee Calendar
APPROVED BY: Victoria Raab, General Manager, Corporate Services
Page 33 of 37
Staff Report
J
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: March 3, 2025
SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals,
519-783-8922
PREPARED BY: Michelle Drake, Senior Heritage Planner, 51-783-8909
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: February 26, 2025
REPORT NO.: DSD -2025-097
SUBJECT: Request to Extend Timeline to Pass Designating By-law for 53
Church Street under Part IV of the Ontario Heritage Act
RECOMMENDATION:
That the 120 -day period of time referred to in paragraph 1 of subsection 29(8) of the
Ontario Heritage Act (being the period between the Notice of Intention to Designate
and the passing of the Designating By-law), be extended to June 30, 2025 in
accordance with paragraph 1 of subsection 2(1) of Ontario Regulation 385/21 for the
property municipally addressed as 53 Church Street, Kitchener.
REPORT HIGHLIGHTS:
• The purpose of this report is to request that Council extend the 120 -day period between
the Notice of Intention to Designate and the Designating By-law for the property
municipally address 53 Church Street from March 21, 2025 to June 30, 2025.
• The key finding of this report is that Heritage Planning staff support the property owners
request to extend the 120 -day period to June 31, 2025.
• There are no financial implications.
• Community engagement included informing residents by posting this report with the
agenda in advance of the Council meeting, and meeting with representatives of the
property owner on February 5, 2025.
• This report supports the delivery of core services.
BACKGROUND:
The Clerk published a Notice of Intention to Designate (NOID) the property municipally
addressed as 53 Church Street on November 22, 2024. Under Section 29(8) of the Ontario
Heritage Act, the Designating By-law for 53 Church Street must be passed within 120 -days
of the date of the publication of the NOID unless Council and the owner have agreed to
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extend the 120 -day period as permitted by Section 2.(1)1. O.Reg. 385/21 under Section
29(8) of the Ontario Heritage Act. The 120 -day period ends on March 21, 2025.
REPORT:
The City sent a letter dated May 23, 2023 to all owners of listed property to advise of Bill 23,
the More Homes Built Faster Act and the City's approach to review the Municipal Heritage
Register. Staff report DSD -2024-361 recommended that designation be pursued for 53
Church Street. The City sent a second letter to the owner of 53 Church Street on September
11, 2024 advising of the interest to designate and inviting the owner to contact Heritage
Planning staff with comments, questions or concerns. The letter was accompanied by an
updated Statement of Significance and a Guide to Heritage Designation for Property
Owners. The owner did not contact Heritage Planning staff.
Staff report DSD -2024-466 recommended that pursuant to Section 29 of the Ontario
Heritage Act, the Clerk be directed to publish a Notice of Intention to Designate (NOID) the
property as being of cultural heritage value or interest. The Clerk published a NOID on
November 22, 2024. A letter dated November 22, 2024 was served by registered mail to the
owner and Ontario Heritage Trust. The owner did not object to the NOID.
The Designating By-law for 53 Church Street was scheduled to be considered by Council
on January 20, 2025; however, the owner contacted Heritage Planning staff that day and
requested a meeting. As a result, the Designating By-law was removed from the Council
agenda to provide time for representatives of the owner to meet with Heritage Planning staff.
On February 5, 2025, Heritage Planning staff met with representatives of the owner and
during this meeting Heritage Planning staff were able to provide information about
designation and respond to several questions. At the conclusion of the meeting, it was
agreed by representatives of the owner and Heritage Planning staff that there would not be
sufficient time for the owner to consider and respond before March 21, 2025. As a result, a
representative of the owner sent an email requesting that the 120 -day timeline be extended
to June 30, 2025. Heritage Planning staff support this request.
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 — Heritage Planning staff have consulted with the Heritage Kitchener
committee regarding designation under the Ontario Heritage Act. The owner of the
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property was invited to consult via two separate letters dated May 23, 2023 and
September 11, 2024. The Clerk published a Notice of Intention to Designate (NOID) the
property on November 22, 2024. A letter dated November 22, 2024 was served by
registered mail to the owner and Ontario Heritage Trust. The owner did not object to the
NOID.
COLLABORATE — Heritage Planning staff met with representatives of the owner on
February 5, 2025. During this meeting, Heritage Planning staff responded to questions
regarding designation and offered to collaborate on a revised list of heritage attributes to be
included in the Designating By-law. At the conclusion of the meeting, it was agreed by
representatives of the owner and Heritage Planning staff that there would not be sufficient
time for the owner to consider and respond before March 21, 2025.
PREVIOUS REPORTS/AUTHORITIES:
• Ontario Heritage Act, 2022
• Ontario Regulation 9/06 (Amended by Ontario Regulation 569/22)
• Bill 23 — Municipal Heritage Register
Review (DSD -2023-225)
• Municipal Heritage Register Review
— August 2023 Update (DSD -2023-309)
• Municipal Heritage Register Review
— January 2024 Update (DSD -2024-022)
• Municipal Heritage Register Review
— February 2024 Update (DSD -2024-056)
• Municipal Heritage Register Review
— March 2024 Update (DSD -2024-093)
• Municipal Heritage Register Review
— April 2024 Update (DSD -2024-131
• Municipal Heritage Register Review
— May 2024 Update (DSD -2024-194)
• Bill 200, Homeowners Protection Act,
2024
• Municipal Heritage Register Review
— June 2024 Update (DSD -2024-250)
• Municipal Heritage Register Review
— August 2024 Update (DSD -2024-333)
• Municipal Heritage Register Review
— September 2024 Update (DSD -2024-361)
• Municipal Heritage Register Review
— October 2024 Update (DSD -2024-413)
• Notice of Intention to Designate — 53
Church Street (DSD -2024-466)
APPROVED BY: Justin Readman, General Manager, Development Services Department
ATTACHMENTS:
Attachment A — Email from Owner of 53 Church Street Requesting to Extend
the Timeline to Pass a Designating By-law from March 21,
2025 to June 30, 2025
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Michelle Drake
From:
Sent: Thursday, February 6, 2025 10:57 AM
To: Michelle Drake
Subject: Request to extend the timeframe to pass the designating by-law."
We The Martin Luther Evangelical Church at 53 Church Street Kitchener would like to
request to extend the timeframe to pass a designating by-law to June 30, 2025 as per
Ontario Heritage Act Section 29(8) and O. Reg. 385/21: General Section 2.(1)1."
as per Martin Luther Church
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