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HomeMy WebLinkAboutPSI Agenda - 2025-09-08Planning & Strategic Initiatives Committee Agenda Monday, September 8, 2025, 6:00 p.m. - 7:00 p.m. Council Chambers - Hybrid City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 People interested in participating in this meeting can register online using the delegation registration form at www.kitchener.ca/delegation or via email at delegation kitchener.ca. Please refer to the delegation section on the agenda below for in-person registration and electronic participation deadlines. Written comments received will be circulated prior to the meeting and will form part of the public record. The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow. *Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.* Chair: Councillor P. Singh Vice -Chair: Councillor D. Chapman Pages 1. Commencement 2. Disclosure of Pecuniary Interest and the General Nature Thereof Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared, please visit www.kitchener.ca/conflict to submit your written form. 3. Consent Items The following matters are considered not to require debate and should be approved by one motion in accordance with the recommendation contained in each staff report. A majority vote is required to discuss any report listed as under this section. 3.1 Private Street Naming - 995 Amand Drive, DSD -2025-362 4 3.2 Uniform Traffic and Parking By-law Amendments, DSD -2025-327 3.3 Uncollectable Utility Write -Off June 2025, FIN -2025-316 3.4 Uncollectable Miscellaneous Receivable Accounts Write -Off June 2025, FIN -2025-315 4. Delegations Pursuant to Council's Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. All Delegations where possible are encouraged to register prior to the start of the meeting. For Delegates who are attending in-person, registration is permitted up to the start of the meeting. Delegates who are interested in attending virtually must register by TIME on September 8, 2025 in order to participate electronically. 4.1 Item 6.1 - Trevor Hawkins, MHBC Planning 4.2 Item 6.2 - Son Lien Pham 5. Discussion Items 5.1 None. 6. Public Hearing Matters under the Planning Act (advertised) This is a formal public meeting to consider applications under the Planning Act. In accordance with the Ontario Planning Act, only the applicant or owner of land affected by the planning applications, a specified person, or a public body, and or the Minister may appeal most decisions. If you do not make a verbal submission to the Committee or Council, or make a written submission prior to City Council making a decision on the proposal, you may not be entitled to appeal the decision of the City of Kitchener to the Ontario Land Tribunal (OLT), and may not be added as a party to the hearing of an appeal before the OLT. To understand your right of appeal, if any, or for further clarification regarding appeals, please see the Ontario Land Tribunal website (https://olt.gov.on.ca/). 6.1 Zoning By-law Amendment Application 30 m ZBA25/013/S/AP, 157 Schweitzer Street, 1000947521 Ontario Inc., DSD -2025-356 (Staff will provide a 5 -minute presentation on this matter.) 6.2 Zoning By-law Amendment Application 15 m ZBA25/021/Q/AA, 434- 436 Queen Street South, Son Lien Pham, DSD -2025-341 (Staff will provide a 5 -minute presentation on this matter.) 7. Information Items 7.1 Quarterly Planning Report (Q3), DSD -2025-364 7.2 Recent Changes to Development Charges, FIN -2025-372 11 26 Wel 32 109 129 Page 2 of 167 8. Adjournment Mariah Blake Committee Coordinator Page 3 of 167 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 8, 2025 SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals, 5197838922 PREPARED BY: Arwa Alzoor, Planner, 519-783-8903 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: August 21, 2025 REPORT NO.: DSD -2025-362 SUBJECT: 995 Amand Drive - Private Street Naming RECOMMENDATION: That the City of Kitchener acknowledge that Kitchener Developments Inc. intends to name the following private streets as: • Amand Lane • Canyon Hill Drive • Sumac Lane • Azores Drive • Fig Lane within a multiple residential development located at 995 Amand Drive, in the locations as shown on the Site Plan attached as Appendix `A'; and further, That the City's Legal Services division be directed to proceed with the required advertising, preparation, and registration of the necessary By-law for the naming of "Amand Lane, Canyon Hill Drive, Sumac Lane, Azores Drive and Fig Lane". • The purpose of this report is the applicant is seeking Council approval to name five (5) private streets within the residential development located at 995 Amand Drive • The key finding of this report is that the applicant is proposing to name the private streets as "Amand Lane, Canyon Hill Drive, Sumac Lane, Azores Drive and Fig Lane" in the locations as shown on the Site Plan attached as Appendix `A' to this report. Staff are satisfied that the proposed private street names are appropriate and support the street naming request. • There are no financial implications as there is no impact on the capital or operating budget. • Community engagement included the information posted to the City's website with the agenda in advance of the council/committee meeting. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 4 of 167 • This report supports the delivery of core services. BACKGROUND: Kitchener Green Developments Inc. is seeking Council approval to name five (5) private streets within the residential development located at 995 Amand Drive. The proposed multiple residential development received conditional approval of Site Plan Application SP24/090/A/ES for 101 units (cluster townhouses units within 12 buildings) on March 25, 2025. REPORT: The applicant is proposing to name the private streets shown on Appendix `A' as "Amand Lane, Canyon Hill Drive, Sumac Lane, Azores Drive and Fig Lane". The naming of the private streets will eliminate the need for a Multiple Unit Identification Sign at the entrance to the site, and offer improved site navigation for emergency services, residents, and visitors. The proposal has been circulated to internal departments and all concerns have been addressed. The dwellings will be addressed in accordance with the City's Street Naming and Addressing Policy. The Region has approved the proposed street names. Staff are satisfied that the proposed private street names are appropriate and support the street naming 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. REVIEWED BY: Malone -Wright, Tina — Manager of Development Approvals APPROVED BY: Readman, Justin — General Manager, Development Services ATTACHMENTS: Appendix A — Site Plan Application SP24090AES - 995 Amand Drive Appendix B — Applicant Request — 995 Amand Drive Appendix C — Agency Comments — 995 Amand Drive Appendix D — Draft Reference Plan - 995 Amand Drive Page 5 of 167 L$� I E F EP > U U = y o E w . W W m > .y p SRR°� +CiO Lu z W W O F W W m � � Z QO J cl Q Of K H WLLI o Q a Qx R O J C7 62' J aRi m x m E m m p r of Z N H Z 2i U \ E _ � c `o E 3 Ew� W > N E a O N E a '4 I E Li dO O Er O Y O �� M 60s UN dd'odV � �- iiV ��� � ¢ Q� N Q_ N V Q C/)U) o U o a N s Q ow (6uj N ai N J m W J Q d d OT�! d � a>N ti 7 m 2 I 1 1N3W35V3 0.... 0 W LU W Of LO CN O N LO OCD V LO LU o Q U LO N O N A bi H Q NW CU) zZ Y O "' O � m � O C O CN N Op z c ~ Cn Lo LLI O Z Z =W a a_ Z U Y LLI u 0 O LU Q O LU U W O� Q U) LLI Q oo W ~ W U) J 0 W LU W Of LO CN O N LO OCD V LO LU o Q U LO N O N A bi H Q U zZ rZ v ) W mi O W aW 0 W w> L W Z Z LU y Q U Y LO m Etfftamy��s August 6, 2025 Arwa Alzoor City of Kitchener 200 King St W Kitchener, ON N2G 4G7 Re: Private Street Naming Request - 995 Amand Drive Mattamy Wildflowers Subdivision Kitchener Green Developments Inc. Draft Plan # 30T-14201 City of Kitchener Dear Ms Alzoor, Mattamy Homes Canada • GTA Low Rise 6696 a a it Dirt �`eT 905203,3900 Wss� Kitchener Green Developments Inc. is pleased to submit the enclosed items in support of this private street naming request. • A cheque, in the amount of $1,430 to cover the Planning fee for considering private street naming; • A cheque, in the amount of $1,750 to cover the Legal fee for administration, advertising costs and registry costs; • A digital copy of a draft reference plan identifying the 5 streets as: o Parts 1, 4, and 7-9: "Amand Lane" o Parts 2 and 10: "Canyon Hill Drive" o Part 3: "Sumac Lane" o Part 6: "Azores Drive" o Part 5: "Fig Lane" We are requestingthese private street names to allow future homeowners to have a simpler and more unique address, and provide improved emergency access while avoiding the need for an MUI sign. Please consider the attached, and we request that this matter be considered at the next available Council meeting. Sincerely, Michael O'Donnell, P.Eng Associate Land Development Manager Kitchener Green Developments Inc. (il II.,,JA ;`,if4'✓IL10 11' If11/llI;I/�j 0 ,,,}'F{11X AI' G j A J -,A I/ ✓I,A 1lC/✓I H 4IJP✓II I I B 11 �a��� )k� I ( Agency Comments: Canada Post: No issue from Canada Post if this is new, not developed or already existing. Thank you for checking! Regards, Brad Biskaborn Delivery Services / CANADA POST Kitchener / Cambridge / Waterloo The Region of Waterloo: Hello Arwa, The Region has no concerns with the changed names. Thanks, Kevin Shea GIS Technologist, Region of Waterloo 150 Frederick St, Kitchener, ON N2G 4J3 ksIha@ireg� oire(,)Iwatoir°Ioo.ca 226-752-5234 Page 8 of 167 Fire Prevention: Hi Arwa, Fire does not have concerns with the proposed names below for 996 Amand Drive. Thankyou, Jennifer Arends Fire Prevention Officer I City of Kitchener 519-783-7983 1,Uii�iiniiii Transportation Planning: No concerns. Dave Seller, C.E.T. Transportation Planning Analyst I Transportation Services I City of Kitchener 519-783-8152 1 TTY 1-866-969-99941 dav a:Bei.i ir@�l<iiLc,["n icy eii,.c Building division: Hi Michael, Currently I do not foresee any issues with the addressing. Once I have preliminary addressing done Jennifer Arends and I will review to ensure the addressing meets all required policies with addressing and fire. I will be addressing individual units off the private streets once names are confirmed and approved. Jenn ** UPCOMING HOLIDAYALERT** August 5,2025 — August 18, 2025 inclusive Jennifer Wilson Addressing Analyst I Building Division I City of Kitchener 519-783-8258 1 TTY 1-866-969-9994 1 Page 9 of 167 b :45�'g� a \ VA\\ -TS ape MTS; 9 18Vd _ 44k?48r� oo m a It n K eRey no LO ZWLLOR gw� 00 s��U �NWL��� �G&ansa �UD) 4w N w asp `- m - X00= - - - 00 aOw _a w....... b :45�'g� a \ VA\\ -TS ape MTS; 9 18Vd _ 44k?48r� oo m a It n K eRey Staff Report Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 8, 2025 SUBMITTED BY: Barry Cronkite, Director, Transportation Services 519-783-8955 PREPARED BY: Sebastian Biernat, Traffic Technologist 519-707-1461 WARD(S) INVOLVED: Ward 1, Ward 6, Ward 7, Ward 8, Ward 9 DATE OF REPORT: August 20, 2025 REPORT NO.: DSD -2025-327 SUBJECT: Uniform Traffic & Parking Bylaw Amendments RECOMMENDATION: That parking be prohibited on the north (even -numbered) side of Otterbein Road from Dunnigan Court to a point 60 metres west thereof; and, That parking be prohibited on the south (odd -numbered) side of Country Hill Drive from a point 26 metres west of Cherry Hill Drive to a point 28 metres west thereof; and, That parking be prohibited on the east (odd -numbered) side of Benesfort Drive from Benesfort Court to a point 23 metres south thereof; and, That parking be prohibited on the south (odd -numbered) side of Avalon Place from Southmoor Drive to a point 114 metres west thereof; and, That parking be prohibited on the east (odd -numbered) side of Karn Street from a point 85 metres north of Westmount Rd to a point 112 metres north thereof; and, That parking be prohibited on the east (even -numbered) side of Mooregate Crescent from a point 35 metres north of Hazelglen Drive to a point 30 metres north thereof; and, That parking be prohibited on the west (even -numbered) side of Madison Avenue South from a point 140 metres north of Courtland Avenue East to a point 40 metres north thereof; and, *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 11 of 167 That stopping (8:OOam — 4:30pm, Monday to Friday) be prohibited on the north (odd - numbered) side of Shea Crescent from a point 30 metres east of Laurentian Drive to a point 26 metres east thereof; and, That stopping (8:OOam — 4:30pm, Monday to Friday) be prohibited on the south (odd - numbered) side of Parkland Crescent from Driftwood Drive to a point 53 metres west thereof; and, That the Uniform Traffic Bylaw be amended accordingly. REPORT HIGHLIGHTS: • The purpose of this report is to recommend amendments to the Uniform Traffic By - Law 2019-113, including the installation of on -street parking prohibitions and adjustments to stopping prohibitions near schools. • The key finding of this report is that safety and operations will be improved through the installation and adjustments of parking and stopping restrictions. • Directly affected properties were notified of the proposed amendments via hand delivered letters, and no concerns were raised. • The financial implications are approximately $2,300 and will be taken from the existing sign maintenance budget. • This report supports the delivery of core services. BACKGROUND: Transportation Services receives numerous concerns from residents regarding general traffic operation and safety related to parking and stopping on a regular basis. This report summarizes concerns which have reviewed by Transportation Services and determined to be valid. In response, amendments to existing bylaws are recommended to enhance traffic and improve safety for all street users. REPORT: Proposed No Parking Restrictions Otterbein Road -Ward 1 Transportation Services received a request to review on -street parking adjacent to the roundabout on Otterbein Road. The request cited safety concerns related to vehicles parked along the inside of the curve on the east (even -numbered) side, which affects visibility and navigation through the roundabout. After review, Transportation Services has confirmed that a sightline deficiency exists in this area due to the presence of vehicles parked adjacent to the roundabout. To address this concern Transportation Services recommends prohibiting parking on the north side of Otterbein Road from Dunnigan Court to a point 60 metres west thereof. The proposed parking prohibition will result in the loss of approximately two (2) legal on - street parking spaces. However, there are sufficient on -street parking options available within close -proximity to the affected area. A key plan of the street is attached in Appendix A. Country Hill Drive -Ward 6 Page 12 of 167 Transportation Services received a request to review the existing on -street parking regulations on Country Hill Drive. The request cited safety concerns related to sightlines for vehicles exiting the east access at 17 Country Hill Drive. After review, Transportation Services has confirmed that a sightline deficiency exists in this area due to the presence of vehicles parked close to the driveway entrance. To address this safety concern, staff recommend prohibiting parking on the south (odd -numbered) side of Country Hill Drive from a point 26 metres west of Cherry Hill Drive to a point 28 metres west thereof. The proposed parking prohibition would result in the loss of approximately two (2) legal on - street parking spaces. However, there are sufficient on -street parking options available within close proximity to the affected area. A key plan of the street is attached in Appendix B. Benesfort Drive - Ward 7 Transportation Services received a request to review the existing on -street parking regulations on Benesfort Drive near Benesfort Court. The request cited safety concerns related to sightlines for vehicles exiting Benesfort Court. After review, Transportation Services has confirmed that a sightline deficiency exists in this area due to the presence of parked vehicles near the intersection. To address this safety concern, staff recommend prohibiting parking on the east (odd -numbered) side of Benesfort Drive from a point 23 metres south of Benesfort Court. The proposed parking prohibition would result in the loss of approximately one (1) legal on - street parking space. However, there are sufficient on -street parking options available within close proximity to the affected area. A key plan of the street is attached in Appendix C. Avalon Place - Ward 8 Transportation Services received a request to review the existing on -street parking regulations on Avalon Place between Stirling Avenue South and Southmoor Drive. The request cited safety concerns related to vehicles parking on both sides of the street, making it difficult for traffic to safely pass through. Avalon Place is a local residential street with an approximate width of 6 metres and currently permits parking on both sides. It should be noted that a pedestrian bridge was recently installed in the area, which has resulted in a reduction in street width near the bridge location. After reviewing conditions on-site, Transportation Services has determined that vehicles cannot pass if cars are parked on both sides of the street with the new reduced width. Overall safety would be improved if parking were prohibited on the south (odd - numbered) side of Avalon Place from Southmoor Drive to a point 114 metres west thereof. The proposed parking prohibition will improve traffic flow, sightlines, and provide a safer environment for all street users. The proposed parking prohibition would result in the loss of approximately eighteen (18) legal on -street parking spaces. However, there are sufficient on -street parking options available on the opposite side of the street and within close proximity to the affected area. A key plan of the street is attached in Appendix D. Page 13 of 167 Karn Street - Ward 8 Transportation Services received a request to review the existing on -street parking regulations on Karn Street between Westmount Road and Weichel Street. The request cited concerns about limited sightlines along the vertical curve of the hill, particularly when vehicles are parked on both sides of the street. The combination of the hill, curve and parked vehicles affect visibility and navigation. After review, Transportation Services has determined that safety would be improved by prohibiting parking on the east (odd -numbered) side of Karn Street from a point 85 metres north of Westmount Road to a point 112 metres north thereof. The proposed parking prohibition would result in the loss of approximately seven (7) legal on -street parking spaces. However, there are sufficient on -street parking options available within close proximity to the affected area. A key plan of the street is attached in Appendix E. Mooregate Crescent - Ward 8 Transportation Services received a request to review the existing on -street parking regulations on Mooregate Crescent. The request cited safety concerns related to sightlines for vehicles exiting the access at 24 Mooregate Crescent. After review, Transportation Services has confirmed that a sightline deficiency exists in this area due to the presence of vehicles parked near the entrance. To address this safety concern, staff recommend prohibiting parking on the east (even -numbered) side of Mooregate Crescent from a point 35 metres north of Hazelglen Drive to a point 30 metres north thereof. The proposed parking prohibition would result in the loss of approximately three (3) legal on -street parking spaces. However, there are sufficient on -street parking options available within close proximity to the affected area. A key plan of the street is attached in Appendix F. Madison Avenue South — Ward 9 Transportation Services received a request to review on -street parking regulations near 119 Madison Avenue South. The request cited concerns that parked vehicles are obstructing access to the rear of the apartment building, preventing garbage trucks from safely accessing the service area. After review and completing turning movement analysis, Transportation Servies has confirmed that vehicles parked in front of the driveway limit maneuverability and restrict access for large service vehicles. To address this issue, staff recommend implementing a no parking restriction on the west (even -numbered) side of Madison Avenue South from a point 140 metres north of Courtland Avenue East to a point 40 metres north thereof. The proposed parking prohibition will result in the removal of approximately three (3) legal on -street parking spaces. However, there are sufficient on -street parking options available within close proximity to the affected area. A key plan of the street is attached in Appendix G. Page 14 of 167 Proposed No Stopping Restrictions Shea Crescent - Ward 6 Transportation Services is recommending an extension of the existing no stopping zone (8:OOam to 4:30pm, Monday -Friday) on Shea Crescent to support safe and efficient school bus operations. Currently there is a gap in the existing prohibition that includes one (1) parking space in the middle of a no -stopping area. To improve accessibility and maneuverability for school buses, it is recommended that stopping be prohibited from 8:OOam to 4:30pm (Monday to Friday) on the north (odd -numbered) side of Shea Crescent from a point 30 metres east of Laurentian Drive to a point 26 metres east thereof. This proposed extension will help ensure that school buses can navigate the area safely and without obstruction while addressing the existing signage gap. The restriction will result in the removal of approximately one (1) legal on -street parking space from 8:OOam to 4:30pm (Monday to Friday). However, there are sufficient on -street parking options available within close proximity to the affected area. A key plan of the street is attached in Appendix H. Parkland Crescent - Ward 7 Transportation Services received a request from a school bus operator to review parking regulations on Parkland Crescent. The request cited concerns regarding limited accessibility and maneuverability for school buses due to vehicles parked on both sides of the street. To address this concern and support safe and efficient school bus operations, staff recommend implementing a no stopping regulation (8:OOam to 4:30pm, Monday to Friday) on the south side of Parkland Crescent from Driftwood Drive to a point 53 metres west thereof. The proposed restriction will help ensure adequate clearance for school buses to safely travel and turn through this section of Parkland Crescent. This restriction will result in the removal of approximately four (4) legal on -street parking spaces from 8:OOam to 4:30pm (Monday to Friday). However, there are sufficient on -street parking options available within close proximity to the affected area. A key plan of the street is attached in Appendix I. 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 the following impact on the Operating Budget. Sign installations: Otterbein Road, $200; Shea Crescent, $200; Country Hill Drive, $200; Parkland Crescent, $200; Benesfort Drive, $200; Avalon Place, $500; Karn Street, $300; Page 15 of 167 Mooregate Crescent, $250; Madison Avenue South, $250 for a total estimated cost of $2300. These costs will be charged to the existing Sign Maintenance budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. INFORM — Directly affected properties were notified of the proposed changes via a hand delivered letter by Transportation staff. No concerns were raised regarding the proposed changes, while positive feedback was received regarding some of the proposed changes. PREVIOUS REPORTS/AUTHORITIES: 0 City of Kitchener Uniform Traffic By-law No. 2019-113 APPROVED BY: Justin Readman, General Manager, Development Services Division ATTACHMENTS: Attachment A — Key Map — Otterbein Road — On -Street Parking Prohibition Attachment B — Key Map — Country Hill Drive — On -Street Parking Prohibition Attachment C — Key Map — Benesfort Drive — On -Street Parking Prohibition Attachment D — Key Map — Avalon Place — On -Street Parking Prohibition Attachment E — Key Map — Karn Street — On -Street Parking Prohibition Attachment F — Key Map — Mooregate Crescent — On -Street Parking Prohibition Attachment G — Key Map — Madison Avenue South — On -Street Parking Prohibition Attachment H — Key Map — Shea Crescent — On -Street Stopping Prohibition Attachment I — Key Map — Parkland Crescent — On -Street Stopping Prohibition Page 16 of 167 Oil I :W an a -0 aA Q O o. Lu a Z w -E 4 zm o r Q 1, µp V4MU " 4' w sB L� a� oN 4 w S d wN h. w� Vo, ? o duo' X ,wr a Y � � J O it ww. T • � en 1 W, m �i ' N 8 i E rt � Q � � c d OJ a O Q 0 z a r �` zam _0 no Q -0 aA z Lu a w • sa"UT RD w ��z LEA 0 co N N (0 0000 000 0 is LL LL 0 C) 4� 0 o E oo Q) Q) E E 0 41 o 66 < OD 00 tLo w an a 0 -CL a 0 0 4- 0 , N n 4- Q) V) 0 0 L/) Q- o 0 0 Z z _0 m ... ..... CLO tin CIJ tin E 0 x C) x t 0 in Lu Lu a- z Lu % Pune 1 Pune pfd' LL LL 0 O 4- Yj LL LL 0 O 4- R. p SO G Q Q O 0 roV a o V c Q o en oo on oo � ago C � Y L u a 0 Q L L 4- N o w +, Q (n •;. z ° O = O z m � aj m an cLu o c } N OO X w a z w w Staff Report Financial Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 8, 2025 SUBMITTED BY: Saleh Saleh, Director, Revenue, 519-904-6308 PREPARED BY: Marcy Ignor, Manager Utility billing and Customer Service, 519-783-8057 WARD(S) INVOLVED: ALL DATE OF REPORT: July 7, 2025 REPORT NO.: FIN -2025-316 SUBJECT: Uncollectable Utility Receivable Account Write -Off RECOMMENDATION: That uncollectable utility accounts amounting to $121,784 be written off against the allowance for doubtful utility receivables. REPORT HIGHLIGHTS: • As per council policy, approval from Council is required for accounts to be written -off and sent to an outside collection agency for third party collection efforts. • Staff have worked diligently in attempting to collect on these accounts but have not been successful in the process. • This report recommends that accounts totalling $121,784 be written off and forwarded to an outside collection agency. • This report supports the delivery of core services. BACKGROUND: As per council policy FIN -FEE -517 Utility and Miscellaneous Receivable policy, approval from Council is required for accounts to be written -off and sent to an outside collection agency for third party collection efforts. Utilities receivable represent invoices generally billed through the city's SAP utility billing system. The majority of these invoices relate to usage for Gas and Water. The current report represents write-off of utility accounts which have been deemed to be uncollectable up to the end of June 30 2025. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 26 of 167 REPORT: Staff are recommending that accounts totalling $121,784 be written off and forwarded to the collection agency. Staff have worked diligently in attempting to collect on these accounts but have not been successful either due to the customer declaring bankruptcy or having no forwarding address. Any tenant deposits previously received on the uncollectable accounts have been applied to reduce the debt outstanding. A total of 172 customer accounts are being recommended to be written off and transferred to a third -party collection agency. The collection procedures staff have undertaken include: • Sending customers statements and demand letters. • Verbal request by telephone or in person. • Negotiating revised payment terms. • Applying any deposits held to the outstanding amounts. • Transferring uncollectable items to the customer's property tax account where permitted by the Municipal Act. The cumulative amount of utility write-offs identified in this report equal $121,784 and relate to the years 2023, 2024 and 2025. The cumulative write-offs are shown in the table below and the average is well below the targeted upper limit for write-offs set at 0.3% previously approved by Council. A five-year summary of write-offs is included in the table below. Utility Accounts Write-off Cumulative Total $ Invoiced Write-offs as a Write-offs for the Year Year to Date %of Sales 2025 $ 14,110 $ 141,485, 522 0.0100% 2024 $ 206,894 $ 250, 506, 834 0.0826% 2023 $ 196,527 $ 248, 049, 552 0.0792% 2022 $ 154,220 $ 233, 620, 592 0.0660% 2021 $ 171,585 $ 216, 217, 805 0.0794% Tota I I $ 743,336 $ 1, 089, 880, 305 0.0682% STRATEGIC PLAN ALIGNMENT: Page 27 of 167 The recommendation of this report supports the achievement of the city's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: The uncollectable accounts will be written off against the Allowance for Doubtful Utility Receivables account. 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 -FEE -517 Collections- Utility and Miscellaneous Receivable APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Page 28 of 167 Staff Report Financial Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 8, 2025 SUBMITTED BY: Saleh Saleh, Director, Revenue, 519-904-6308 PREPARED BY: Marcy Ignor, Manager Utility Billing and Customer Service, 519-783-8057 WARD(S) INVOLVED: ALL DATE OF REPORT: July 7, 2025 REPORT NO.: FIN -2025-315 SUBJECT: Uncollectable Miscellaneous Receivable Accounts Write -Off RECOMMENDATION: That uncollectable miscellaneous receivable accounts amounting to $12,341 be written off against the Allowance for Doubtful Receivables. REPORT HIGHLIGHTS: • As per council policy, approval from Council is required for accounts to be written -off and sent to an outside collection agency for third party collection efforts. • Staff have worked diligently in attempting to collect on these accounts but have not been successful in the process. • This report recommends that accounts totalling $12,341 be written off and forwarded to an outside collection agency. • This report supports the delivery of cores services. BACKGROUND: As per council policy FIN -FEE -517 Utility and Miscellaneous Receivable policy, approval from Council is required for accounts to be written -off and sent to an outside collection agency for third party collection efforts. This report represents miscellaneous receivables accounts that are deemed to be uncollectable by collections staff. Miscellaneous receivables represent services that are generally billed through the City's financial system (SAP). Examples of miscellaneous receivables include Direct Detect for alarm monitoring, Parking and Cemetery sales. Property tax and utility accounts are not included in miscellaneous receivables. REPORT: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 29 of 167 Staff are recommending that accounts totalling $12,341 be written off and forwarded to a collection agency. Staff have worked diligently in attempting to collect on these accounts but have not been successful in the process. The collection procedures staff have undertaken include: • Sending customers statements and demand letters. • Verbal request by telephone or in person. • Negotiating revised payment terms. • Applying any deposits held to the outstanding amounts. • Transferring uncollectable items to the customer's property tax account were permitted by the Municipal Act. The current amount being recommended to be written off relates to 9 customer accounts for services provided in the following areas: Economic Development 724 Parking 67 Operations 9,066 Utilities 2,484 Total 1221341 The cumulative amount of write-offs identified in this report equal $12,341 and relate to the years 2023 and 2024. The cumulative write-offs are shown in the table below and the average is well below the targeted upper limit for write-offs set at 0.3% previously approved by Council. Page 30 of 167 Miscellaneous Receivables Write -off Cumulative Total $ Invoiced Write-offs as a Write-offs for the Year Year to Date %of Sales 2025 $ 0 $ 20,000,000 0.0000% 2024 $ 15,865 $ 39,474,200 0.0402% 2023 $ 45,642 $ 37,174, 640 0.1228% 2022 $ 32,228 $ 30,280,755 0.1064% 2021 $ 38,573 $ 27, 380, 864 0.1409% Total $ 132,308 $ 154,310,459 0.0857°/ STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the city's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: The uncollectable accounts will be written off against the Allowance for Doubtful Receivables account. 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 -FEE -517 Collections- Utility and Miscellaneous Receivable APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Page 31 of 167 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 8, 2025 SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals, 519-783-8922 PREPARED BY: Andrew Pinnell, Senior Planner, 519-783-8915 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: REPORT NO.: August 28, 2025 DSD -2025-356 SUBJECT: Zoning By-law Amendment Application ZBA25/013/S/AP Address: 157 Schweitzer Street Owner: 1000947521 Ontario Inc. RECOMMENDATION: That Zoning By-law Amendment Application ZBA25/013/S/AP for 157 Schweitzer Street, requesting a change in zoning from `Residential Three Zone (R-3)' in Zoning By-law 85-1 to `Low Rise Residential Four Zone (RES -4) with Site -Specific Provision (438)' in Zoning By-law 2019-051, be approved in the form shown in the Proposed By-law and Map No. 1 attached to Report DSD -2025-356 as Attachment `A'. REPORT HIGHLIGHTS: • The purpose of this report is to evaluate and provide a planning recommendation regarding the Zoning By-law Amendment Application (ZBA) for the subject property, addressed as 157 Schweitzer Street. It is Development and Housing Approvals staff's recommendation that the ZBA be approved. • The requested amendment supports the intensification of the lands through the future creation of three new lots with frontage on Lark Street, each to be developed with a single detached dwelling. The existing single detached dwelling would be retained. • Community engagement included: o A preliminary postcard notice and Neighbourhood Meeting invitation was mailed to all residents and property owners within 240 metres of the subject property; o Installation of two notice signs on the property; o Follow-up communication with respondents; o Virtual Neighbourhood Meeting held on June 26, 2025; o Postcard advising of the statutory public meeting was forwarded to all residents and property owners within 240 metres of the subject property and those who responded to the preliminary notice; o Notice of the public meeting was published in The Record on August 15, 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 167 This report supports the delivery of core services. The application was deemed complete on May 22, 2025. The Applicant can appeal this application for non -decision after August 20, 2025. EXECUTIVE SUMMARY: The owner of the subject property, addressed as 157 Schweitzer Street, is requesting a Zoning By-law Amendment Application (ZBA) to facilitate the intensification of the lands through the future creation of three new lots with frontage on Lark Street, each to be developed with a single detached dwelling. The existing single detached dwelling would be retained. These lots are proposed to be created sometime after Council's decision of this application, should Council decide to approve the ZBA. Future Consent Applications would be required to create the lots. To facilitate the proposed development concept, the applicant is requesting a ZBA to change the zoning of the subject property from `Residential Three Zone (R-3)' (Zoning By- law 85-1) to `Low Rise Residential Four Zone (RES -4)' (Zoning By-law 2019-051) with Site Specific Provision (438) to legalize certain deficiencies under the `RES -4' Zone for the existing dwelling, including the required minimum front yard setback and minimum rear yard setback. Also, the requested site specific provision would provide relief from the required minimum rear yard setback for the new dwellings. Development and Housing Approvals staff is recommending that the application be approved. BACKGROUND: The City of Kitchener has received an owner -initiated Zoning By-law Amendment Application (ZBA) to facilitate the intensification of the lands through the future creation of three new lots with frontage on Lark Street, each to be developed with a single detached dwelling. The existing single detached dwelling would be retained. These lots are proposed to be created sometime after Council's decision of this application, should Council decide to approve the ZBA. Future Consent Applications would be required to create the lots. The ZBA would change the zoning of the subject property from `Residential Three Zone (R-3)' (Zoning By-law 85-1) to `Low Rise Residential Four Zone (RES -4)' (Zoning By-law 2019-051) with Site Specific Provision (438) to legalize certain deficiencies under the `RES -4' Zone for the existing dwelling, including the required minimum front yard setback and minimum rear yard setback. Also, the requested site specific provision would provide relief from the required minimum rear yard setback for the new dwellings. Details of the amendments are outlined in the report, below. Site Context: The subject property is addressed as 157 Schweitzer Street and is owned by 1000947521 Ontario Inc. The property is located at the intersection of Lark Street and Schweitzer Street, in the Bridgeport East Planning Community. The property has approximately 27.4 metres of frontage on Schweitzer Street and 50.9 metres of frontage on Lark Street. The subject property is approximately 1,393 square metre (0.34 acres) in area. The property is developed with a one -storey single detached dwelling constructed in the 1960s, as well as a detached garage in the rear yard. The property also contains two, small accessory Page 33 of 167 buildings in the rear yard. The property has one driveway, which leads to Schweitzer Street. The existing single detached dwelling on the subject property is presently occupied by tenants (a family of three persons). The tenants were advised of the subject proposal when they moved in. The tenants are not required to relocate because the dwelling is not proposed to be demolished. Development and Housing Approvals staff have been advised by the Owner that tenants will continue to live in the existing dwelling. WM.A/K.141 '�mouiuw nm ana^ tlti 'r'lom of,yia mN.o�,���n U kM -SUBJECT AREA� y ems„ � dM Pt V Figure 1 - Location map showing 157 Schweitzer Street as the Subject Area. The surrounding area is comprised primarily of low rise residential land uses, mainly single and semi- detached dwellings. Dwellings in the area range between one and two storeys in height. The Kitchener border with Woolwich Township is located 180 metres to the east. A vacant field owned by the Croatian Roman Catholic Church is located directly across Schweitzer Street from the subject lands (to the south). These Church lands are zoned `Residential Four Zone (R-4)' in Zoning By-law 85-1, for low rise residential development. The Croatian Roman Catholic Church building is located east of the subject lands, near the cul-de-sac bulb terminus of Schweitzer Street. Sylvia Park is located approximately 360 metres to the southwest. The subject property is located within 110 metres from local GRT Route #5. Page 34 of 167 REPORT: Proposed Development Concept The applicant is proposing to redevelop the lands through the future creation of three new lots with frontage on Lark Street, each to be developed with a single detached dwelling. The existing single detached dwelling would be retained. These lots are proposed to be created sometime after Council's decision of this application, should Council decide to approve the ZBA. Future Consent Applications would be required to create the lots. Figure 2 — Proposed development concept plan showing the Retained Lot (i.e., Lot 1) containing the existing dwelling, and three future lots each containing a new single detached dwelling (i.e., Lots 2, 3, and 4). The Scoped Planning Justification Report submitted in support of the application states that each of the proposed single detached dwellings would be two storeys in height and would have a driveway in the front yard and an attached garage. Each new (severed) lot (i.e., Lots 2, 3, and 4 on Figure 2) would have a width of approximately 9.0 metres (frontage on Lark Street), a depth of 27.4 metres, and an area of 246.6 square metres. The proposed development concept plan in the Scoped Planning Justification Report (i.e., Figure 2) shows that the proposed dwellings would have a front yard setback of approximately 6 metres, a rear yard of 6.8 metres, and interior side yard setbacks of 1.3 metres. Lot coverage would be approximately 53%. Page 35 of 167 Figure 3 — Conceptual rendering showing the one of the proposed single detached dwellings fronting Lark Street, looking northeast. The Retained Lot (i.e., Lot 1 on Figure 2) containing the existing one -storey dwelling would have a width of approximately 23.9 metres (frontage on Lark Street), a depth of 27.4 metres, and an area of 654.9 metres. The proposed development concept plan shows that the dwelling would have a front yard setback of approximately 4.2 metres a rear yard of 5 metres, an interior side yard setback of 1.6 metres, and an exterior side yard setback of 10 metres. Lot coverage would be approximately 32%. It should be noted that while the front technical front lot line would be on Lark Street, the fagade with the front door and attached garage door/entrance would continue to face Schweitzer Street. Also, the detached garage in the rear yard, and the two, smaller accessory buildings would need to be demolished to facilitate the proposed development. To facilitate the proposed development concept, a Zoning By-law Amendment Application (ZBA) is required to change the zoning, since the future lots and dwellings would not comply with several existing regulations, for example minimum lot area (411 square metres is required, whereas 246.6 square metres is proposed, in the case of the proposed dwellings on the new lots), minimum lot width (13.7 metres is whereas 9 metres is Page 36 of 167 proposed, in the case of the proposed dwellings on the new lots), and minimum rear yard setback (7.5 metres is required, whereas 5 metres is proposed, in the case of the dwelling on the Retained Lot). In addition to a change in residential zoning category, a Site Specific Provision is also requested. Also, the ZBA would bring the subject property out of the City's older Zoning By-law 85-1 into the newer Zoning By-law 2019-051. The details of the ZBA are discussed in detail in the Requested Zoning By-law Amendment section of this report. 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, e) The supply, efficient use and conservation of energy and water; 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 Policy Statement, 2024 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. According to the Province, the PPS 2024 provides municipalities with the tools and flexibility they need to build more homes. It enables municipalities to: Page 37 of 167 • plan for and support development, and increase the housing supply across the province • align development with infrastructure to build a strong and competitive economy that is investment -ready • foster the long-term viability of rural areas • protect agricultural lands, the environment, public health and safety Sections 2.1.6 and 2.3.1.3 of the PPS 2024 promote 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 requires that Planning authorities provide for a range and mix of housing options and densities to meet projected needs of current and future residents. One way this is accomplished is by "permitting and facilitating: 1. all housing options required to meet the social, health, economic and wellbeing requirements of current and future residents, including additional needs housing and needs arising from demographic changes and employment opportunities; and 2. all types of residential intensification ... for residential use, development and introduction of new housing options within previously developed areas, and redevelopment, which results in a net increase in residential units... In this regard, Development and Housing Approvals (DHA) staff is of the opinion that the requested amendments are consistent with the PPS 2024; they will facilitate residential intensification of the property. Regional Official Plan (ROP) The subject property is located in the `Urban Area' and `Delineated Built Up Area' in the Regional Official Plan (ROP). Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban 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 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. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. The requested amendment conforms to the ROP and will assist in transitioning the existing neighbourhood into a 15 -minute neighbourhood by facilitating gentle intensification through infill development and through development of an underutilized lot at a higher density than currently exists. Furthermore, Regional staff advise that they have no objections to the requested ZBA. Page 38 of 167 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. 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. The subject property is identified on Map 2 — Urban Structure of the City's Official Plan (OP) as `Community Areas'. The OP states that "The planned function of Community Areas is to provide for residential uses as well as non-residential supporting uses intended to serve the immediate residential areas." This urban structure component allows for limited intensification in accordance with the applicable land use designation and the Urban Design Policies in Section 11. In addition, "development must be sensitive to and compatible with the character, form and planned function of the surrounding context." The subject proposal would assist in achieving the planned function by facilitating residential intensification that is sensitive to and compatible with the surrounding context. The requested amendment would facilitate low rise residential development that is compatible in lot area, lot width, lot coverage, height and setbacks with the surrounding neighbourhood. DHA staff is of the opinion that the requested ZBA will support redevelopment that conforms to the City's Community Areas policies. Housing Policies The City's Official Plan contains numerous housing -related objectives and policies that apply to the subject proposal, for example: 4.1.1. To provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. 4.1.5. To encourage and support the retention and rehabilitation of older housing or the reconstruction of existing housing to maintain the housing stock and the stability and community character of established residential neighbourhoods. 4.C.1.6. The City will identify and encourage residential intensification and/or redevelopment, including adaptive re -use and infill opportunities, including additional dwelling units, attached and detached, 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 existing community infrastructure. 4.C.1.8. Where a special zoning regulation(s) or minor variance(s) is/are requested, proposed or required to facilitate residential intensification or a Page 39 of 167 redevelopment of lands, the overall impact of the special zoning regulation(s) or minor variance(s) will be reviewed, but not limited to the following to ensure, that: a) Any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood and will have regard to Section 11 of this Plan, the City's Urban Design Manual, and any site-specific Urban Design Brief or Urban Design Report and Urban Design Scorecard. b) Where front yard setback reductions are proposed for new buildings in established neighbourhoods, the requested front yard setback should be similar to adjacent properties and supports and maintain the character of the streetscape and the neighbourhood. d) New buildings, additions, modifications and conversions are sensitive to the exterior areas of adjacent properties and that the appropriate screening and/or buffering is provided to mitigate any adverse impacts, particularly with respect to privacy. e) The lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site. 4.C.1.9. Residential intensification and/or redevelopment within existing neighbourhoods will be designed to respect existing character. A high degree of sensitivity to surrounding context is important in considering compatibility. 4.C.1.12. The City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. In this regard, DHA staff is satisfied that the subject application would facilitate development that will assist in creating a land use pattern that mixes and disperses a full range of housing types and styles, especially within this neighbourhood, where one -storey dwellings are not as prevalent and lot widths are greater. DHA staff is of the opinion that the requested amendment would allow gentle intensification (infill development) that respects the existing character of and is compatible with the surrounding neighbourhood. The proposal would facilitate two single detached dwellings within an established neighbourhood that is dominated by one -storey single detached dwellings, albeit on lots that are lesser in area and lot width. Also, the existing dwelling at the intersection would be retained, assisting in the City's objective of encouraging and supporting, "the retention and rehabilitation of older housing or the reconstruction of existing housing to maintain the housing stock and the stability and community character of established residential neighbourhoods." Page 40 of 167 The proposed front yard setbacks for the proposed new dwellings would provide an appropriate transition from the existing building on subject lot to the property addressed as 7 Lark Street, to the north. The proposed rear yard setbacks for the new dwellings represent a nominal decrease to the required minimum rear yard setback in both the current and requested zoning categories. The proposed rear yard setback for the existing dwellings represents a technical legalization of the side yard setback. Ample landscaped area is provided in the exterior side yard, where a 10 -metre setback exists. DHA staff is of the opinion that the requested ZBA supports intensification that conforms to the City's Housing policies. Land Use Designation The subject property is currently designated `Low Rise Residential' on Map 3 — Land Use of the City of Kitchener Official Plan. The `Low Rise Residential' land use designation is intended to accommodate a full range of low density housing types, including single detached dwellings, additional dwelling units, semi-detached dwelling, street townhouse dwellings, cluster townhouses, low-rise multiple dwellings, special needs housing, and other forms of low density residential use. Within this designation, the City encourages and supports the mixing and integration of innovative and different forms of housing within a low-rise built form. The `Low Rise Residential' designation limits building height to 3 storeys or 11 metres. The applicant is not requesting an Official Plan Amendment to change the land use designation, since the proposal conforms to these policies. The requested ZBA will facilitate the applicant's proposed development concept. Policy Conclusion DHA staff is of the opinion that the requested ZBA is conforms to policies of the Provincial Policy Statement, the Regional Official Plan, and the City of Kitchener Official Plan. Requested Zoning By-law Amendment To facilitate the proposed development concept outlined in the Proposed Development Concept section of this report, the applicant is requesting a Zoning By-law Amendment (ZBA). The property is currently zoned `Residential Three Zone (R-3)' in Zoning By-law 85- 1. The applicant is requesting to change the zoning to `Low Rise Residential Four Zone (RES -4)', primarily to allow a lesser lot area and lot width. The ZBA would also add Site Specific Provision (438). Page 41 of 167 A zoning comparison / review table is provided below. Bolded, red text with an asterisk under the `Proposed / Provided' column denotes a deficiency under the requested `RES -4' Zone category and, consequently, the need for relief via a requested Site Specific Provision (see Table 1 — Zoning Comparison / Review Table). Table 1 — Zoning Comparison / Review Table Page 42 of 167 Requirement Requirement Proposed/ Proposed/ under under Provided - Lot 1 Provided — Lots 2, Current R-3 Requested RES- (Retained Lot for 3, and 4 (Severed Zone (By- 4 Zone Category; existing dwelling, Lots for new law 85-1) (By-law 2019- as shown on Fig. dwellings, as 051) 2) shown on Fig. 2) Minimum Lot 411 m2 235 m2 654.9 m2 246.6 m2 Area Minimum Lot 13.7 m 9 m N/A 9 m Width Minimum 15 m 12.8 m 23.9 m N/A Corner Lot Width Minimum Front 4.5m (6 m for In accordance Required: 8.7m Required: 4.7m Yard Setback garages) with Section 7.6 (see Proposed / Proposed: *4.2m Proposed: 6 m Provided column Maximum N/A In accordance Required: Required: Front Yard with Section 7.6 10.7 m 6.7 m Setback (see Proposed / Provided column) Proposed: Proposed: 4.2m 6m Minimum Side 4.5 m 4.5 m 10 m N/A Yard Abutting; a Street / Exterior Yard Setback' Minimum 1.2 m 1.2 m 1.6 m 1.3 m Interior Side Yard Setback Minimum Rear 7.5 m 7.5 m *5 rn *.8 rn Yard Setback Maximum 10.5 m 11 m <11 m <11 m Building Height Maximum N/A 3 1 2 Number of Storeys Maximum Lot 55% 55% 32% 53% Coverage Table 1 — Zoning Comparison / Review Table Page 42 of 167 Change from R-3 to RES -4 The predominant zone category in this neighbourhood is `R-3'. The requested change in zone category will assist in further diversifying the zone categories within this neighbourhood and, consequently, the built form. Also, this change will allow for gentle intensification, through infill and through permitting greater density by permitting lots that are lesser in area and width than those permitted in the R-3 Zone. At the same time, the change would facilitate the construction of new single detached dwellings, which remain the predominant land use within the neighbourhood. The location of the subject property at an intersection and the fact that it has a greater lot width than the average lot in the neighbourhood lends itself well to the proposed limited intensification. Moreover, this change would bring the subject property into the updated Zoning By-law 2019-051. DHA staff supports the change from `Residential Three Zone (R-3)' in Zoning By-law 85-1 to `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051. Site Specific Provision (438) Regarding the request for a Site Specific Provision to reduce the required Minimum Front Yard Setback from 8.7 metres to 4.2 metres for Lot 1 (Retained Lot for existing dwelling, as shown on Figure 2), it should be noted that this required setback is based on the Established Front Yard. In the case of a corner lot, this term means, "the front yard of the abutting lot with a low rise residential zone, in which the principal pedestrian entrance is oriented towards the same street..." This relates to the front yard of the abutting dwelling on Schweitzer Street. However, in this case, if the ZBA is approved and a Consent Application is submitted that establishes Lot 1, the lot orientation would technically change: the yard abutting Schweitzer Street would become the exterior side yard (despite it abutting the front door) and the yard abutting Lark Street would become the front yard (despite it abutting the side of the dwelling). This change means that the required setback does not relate well to the building to which it applies. Also, the relationship of the dwelling to the lot line in question is not proposed to change. In this regard, the requested Site Specific Provision would resolve this technicality and would legalize the existing building. The request for a Site Specific Provision to reduce the required Minimum Rear Yard Setback from 7.5 metres to 5 metres for Lot 1 is appropriate, since ample landscaped area will be provided in the exterior side yard (10 -metre -deep yard), providing an opportunity for amenity space. The request for a Site Specific Provision to reduce the required Minimum Rear Yard Setback from 7.5 metres to 6.8 metres for Lots 2-4 is appropriate, since the reduction represents only a minor decrease in rear yard landscaped area. The applicant is further proposing rear yard decks (dotted lines on Figure 2), which will enhance the rear yard amenity space and will comply with the minimum setback requirements for decks. Moreover, as noted above, Sylvia Park is located nearby and represents an opportunity for off-site amenity space and recreation for residents. Page 43 of 167 Proposed Zoning By-law Amendment Application Conclusions: DHA staff is of the opinion that the requested ZBA Application represents good planning, since it would facilitate the gentle intensification of the lands with infill development, in the form of single detached dwellings. The proposal would further diversify the zone categories within this neighbourhood and, consequently, the built form. The subject property is located close to a local transit route and Sylvia Park. For these reasons, DHA staff supports the proposal and recommends that the requested ZBA be approved, as shown in Attachment `A'. Department and Agency Comments Circulation of the Zoning By-law Amendment was undertaken on May 27, 2025 to all applicable City departments and other review authorities. No significant concerns were identified by any commenting City department or agency and any necessary revisions and updates have been incorporated into the proposal. Copies of the comments are found in Attachment `C' of this report. The following Reports and Studies were considered as part of the requested Zoning By- law Amendment Application: Scoped Planning Justification Report • Prepared by MHBC Planning (April 24, 2025) Functional Servicing Brief • Prepared by MTE Consultants Inc (February 6, 2025) Archaeological Assessment • Prepared by Seguin Archaeological Services (January 2, 2025) Letter re Archaeological Report • Prepared by Ministry of Citizenship and Multiculturalism (January 17, 2025) Preliminary Grading and Servicing Plan • Prepared by MTE Consultants Inc (February 2, 2025) Community Input and Staff Responses: Staff received written responses from 9 community members with respect to the proposed development. Also, a 50 -name petition was received requesting an in-person neighbourhood meeting. The comments received are included in Attachment `D'. A virtual neighbourhood meeting was held on June 26, 2025. A summary of what staff heard from the community, and staff responses are noted below. Page 44 of 167 �.It 118 households (occupants and property owners) were circulated Concern with the virtual and notified meeting format, in person logged onto the City -led Virtual Neighbourhood Meeting preference 9 people/households provided comments by email or telephone. meeting was made possible by both internet and A City -led Virtual Neighbourhood Meeting was held on June 26, 2025 and approximately 17 different users logged on. What We HeardStaff Comment Concern with the virtual DHA staff advises that approximately 17 different users meeting format, in person logged onto the City -led Virtual Neighbourhood Meeting preference that was held on June 26, 2025. Attendance at the meeting was made possible by both internet and phone. The virtual meeting format allows staff to be able to post the presentation slides and recording to the City's website so that anyone with internet access can review these materials, providing accessibility to many community members. Despite receiving a 50 -name petition for an in-person meeting, DHA staff is satisfied that the virtual meeting, which is not a required meeting under the Planning Act, was successful and reached many community members. It should also be noted that DHA staff also had one-on- one conversations with community members on the telephone and responded to emails. Concern with storm Each proposed dwelling would be on municipal water drainage and sewage services. The City's Engineering Services Division has confirmed that the stormwater scheme will be confirmed through the future Consent Applications to create the proposed lots. At that time, if it is determined that it is not feasible to connect sump pump discharge to the existing storm sewer on Lark Street (e.g., due to the sewer being too shallow), the new lots may either discharge to an infiltration gallery (soil conditions to be reviewed) or discharge to grade with the drainage design to ensure that stormwater will not flow onto adjacent properties. Page 45 of 167 Concern with environmental The applicant has advised that the property was never impact of removing used for industrial purposes or for commercial accessory structures where purposes, such as automotive repair. DHA staff cars were stored, and an understands that the subject property was used for automotive pit below the residential purposes only. Soil remediation is not garage used for automotive typically a concern where automotive repair is repair undertaken by a resident, as part of the residential use of the property. Concern that the proposed The proposal would facilitate the development of single development does not detached dwellings, which are the predominant land maintain the existing use in the surrounding neighbourhood. character of the neighbourhood While the proposal would permit two-storey buildings and Lark Street includes mainly one -storey dwellings, there are many examples of two-storey dwellings in the nearby area (e.g., Schweitzer Street contains many). The built -form and date of construction of buildings within this neighbourhood is highly varied and there does not appear to be a consistent neighbourhood character. The proposed development will be consistent with the varied built -form and architecture of the neighbourhood. While the lot area and width of the lots are lesser than many in the area, there are entire streets in the Bridgeport East that include lots that are of a similar size (e.g., Schueller St, Daniel Ave., and Stanley Ave south of Tagge St). Concern that the owner If the ZBA is approved, and the owner severs and sells intends to sever and sell the the proposed lots, the new owner would be subject to proposed lots and that very the approved zoning, as outlined in the "Proposed / different developments may Provided" columns in Table 1 of this report. Otherwise, occur on each lot additional approvals from the City would be required. Concern with notice (sign A preliminary postcard notice and Neighbourhood and postcard not seen) Meeting invitation was mailed to all residents and property owners within 240 metres of the subject property. Two notice signs were installed on the property and a postcard advising of the statutory public meeting was forwarded to all residents and property owners within 240 metres of the subject property and those who responded to the preliminary notice. Notice of the public meeting was published in The Record on August 15, 2025. Page 46 of 167 Concern that there is a As part of the Building Permit process, redevelopment septic tank on the property will require decommissioning of any existing or that was not identified abandoned septic systems related to the existing dwelling. Concern that future If the ZBA is approved, the owner would also need development cause damage approval of a Consent Application (for each property to neighbouring properties severance) and Building Permits to construct the future dwellings. Any damage to neighbouring properties would be a matter between private property owners. It is the prerogative of an adjacent property owner whether to retain a professional engineer to conduct a pre -construction survey, at their cost, to document the pre -construction condition of their property. Concern that additional Enova Power Corp advises that it has reviewed the development will strain the ZBA application. Enova has no issue to supply the power grid in an area additional residential units. In general, this area is at the already prone to outages fringe of Enova's 13.8kV distribution system. Enova has two long feeders supplying this area. Since this area is at the end of these two feeders, by nature any upstream feeder fault may cause the power outages affecting this area. If the fault is caused by fallen trees/branches, it takes long time to clear the upstream and restore the power. To improve the power restoration, Enova has installed 3 automated reclosers on these two feeders in 2014. Following Enova's merger in 2022, Enova advises that it is considering extending a third feeder from Waterloo (near Conestoga Mall) to back up this area, subject to a further study. Concern with snow removal The proposed 9 metre lot widths for Lots 2-4 are and storage common throughout the City, especially in newer subdivisions. Also, zoning contains requirements for driveway setbacks, which are intended to provide snow storage areas. DHA staff is satisfied that there will be sufficient space for on-site snow storage at the sides of each driveway. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Page 47 of 167 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. A notice sign was posted on the property and information regarding the application was posted to the City's website on May 27, 2025. Following the initial circulation referenced below, an additional postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject lands, those responding to the preliminary circulation and who attended the Neighbourhood Meeting. Notice of the Statutory Public Meeting was also posted in The Record on August 15, 2025 (a copy of the Notice may be found in Attachment `B'). CONSULT — The proposed Zoning By-law Amendment Application was circulated to residents and property owners within 240 metres of the subject lands on May 27, 2025. In response to this circulation, staff received 9 written responses, which are summarized as part of this staff report and is appended in Attachment `D'. DHA staff also had one-on-one conversations with residents on the telephone and responded to emails. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Planning Statement, 2024 • Region of Waterloo Official Plan • City of Kitchener Official Plan, 2014 • City of Kitchener Zoning By-law 2019-051 • City of Kitchener Zoning By-law 85-1 REVIEWED BY: Tina Malone -Wright, Manager of Development Approvals APPROVED BY: Justin Readman, General Manager of Development Services ATTACHMENTS: Attachment A — Proposed By-law and Map. No. 1 Attachment B — Newspaper Notice Attachment C — Department and Agency Comments Attachment D — Community Comments Page 48 of 167 PROPOSED BY — LAW 2025 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, and 2019-051, as amended, collectively known as the Zoning By-law for the City of Kitchener — 1000947521 Ontario Inc. —157 Schweitzer Street) WHEREAS it is deemed expedient to amend By-law 85-1 and 2019-051 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Zoning Grid Schedule Number 182 of Appendix "A" to By-law Number 85-1 is hereby amended by removing 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. 2. Zoning Grid Schedule Number 182 of Appendix "A" to By-law Number 85-1 is hereby further amended by removing the zone boundaries as shown on Map No. 1 attached hereto. 3. Zoning Grid Schedule Number 182 of Appendix "A" to By-law 2019-051 is hereby amended by adding hereto the lands specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, and by zoning the lands specified as Area 1, Map No. 1 thereafter as Low Rise Residential Four Zone (RES -4) with Site Specific Provision (438). 4. Zoning Grid Schedule Number 182 of Appendix "A" to By-law Number 2019-051 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 5. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (438) thereto as follows: "438. Notwithstanding Sections 5.4 and Table 5-2, 7.3 and Table 7-2 of this By- law, within the lands zoned Low Rise Residential Four Zone (RES -4) and shown as being affected by this subsection on Zoning Grid Schedule Number 182 of Appendix "A", the following special regulations shall apply: a) For the building existing on the date of passing of this by-law, the following shall apply: Page 49 of 167 The Minimum Front Yard Setback shall be 4.2 metres; The Minimum Rear Yard Setback shall be 5.0 metres; b) For buildings constructed after the date of passing of this By-law, the Minimum Rear Yard Setback shall be 6.8 metres." 6. This By-law shall become effective on the date that it is passed. PASSED at the Council Chambers in the City of Kitchener this day of , 2025. Mayor Clerk Page 50 of 167 2 U 0 0 W L Z LU Z O Z O Q ON C Y Z U C _O Q } L W Q Z LU ~ OZ W Z E Z W LLLJUnw ONO wC Z Z W 0Y N (IfC 2 w C7 U) OfCoOHLLLL UC Lu Q Q Q Lo d 9 co U O Z Z Z Z C w w w Un C� Un cn co 0 _ Q W W W W WQ N J Z Off [If O J( G N_ M m m s C� 0� 0� m O C Ml. 1 1 1 1 Coco 1�- 1 � 1 1 ' umuuuuuuuu umuuum'uuuuuuu uu , 1 1 1 1 � 1 � ccoo' 000 p1� LU Liu W'W III (41 Q) ' 1 0 o O N C) Z Q 0 W 3 /1 Q \ U) z W M LO 4 s Z m LU Z rn w Z Z N M Z 0� Q N 7 Z a W Of C)WC]of N W N 0 00 W LO N LL z W w J> Z W z ^^ I - i LL Q 2 ZLU ao CO) >t 0C) CW G z m QLO ULL o W O HWLIJUN Q Z oQUw0Q V LU w g M co U) of m W 0 w O= w ♦- f n CO) z QQLLD� W 2 U 0 0 W L Z LU Z O Z O Q ON C Y Z U C _O Q } L W Q Z LU ~ OZ W Z E Z W LLLJUnw ONO wC Z Z W 0Y N (IfC 2 w C7 U) OfCoOHLLLL UC Lu Q Q Q Lo d 9 co U O Z Z Z Z C w w w Un C� Un cn co 0 _ Q W W W W WQ N J Z Off [If O J( G N_ M m m s C� 0� 0� m O C Ml. 1 1 1 1 Coco 1�- 1 � 1 1 ' umuuuuuuuu umuuum'uuuuuuu uu , 1 1 1 1 � 1 � ccoo' 000 p1� LU Liu W'W III (41 Q) ' 1 0 o O N C) Z Q 0 W 3 /1 Q \ a uiIL 2a C0 x LL � o m N Q w } U U M Z m LU Z O Z Z G LLU L < w LO CV Q C)WC]of N W N -- W j Z z Wc, d 2 Z 2 Q C) ONCOn0Y Z W z ^^ I - i LL w CW G z LI �_ LO � oU) Q Z z LU �d �a�=a U J c rrGon V Z Q W M N Z (cl LL m 0 LL LO o N o C) N M Un W Lo� O w o D Q C:) U biQ U Z O U) W d ^Z zo w 0+ N = Q Lo C) C ti G o 0 ti cO 0 O W 0) (a a_ NOTICE OF PUBLIC MEETING for a development in your neighbourhood 157 Schweitzer Street Concept Drawing III, el"' a(,.111ell ��� II \\,\ ll II ii 1i 11 a II o i Have Your Voice Heard! Planning & Strategic Initiatives Committee �.1 11 eg a liJ z e IC) iu v ��!vvvta y Wi( Date: September 8, 2025 Location: Council Chambers, Kitchener City Hall 200 King Street West orV'irtual Meeting, Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchenenca/ PlanningApplications or contact: Andrew Pinnell, Senior Planner andrew.pinnell@ kitchener.ca 519.783.8915 The City of Kitchener will consider a Zoning By-law Amendment Application (ZBA) for 157 Schweitzer Street to facilitate the intensification of the lands through the future creation of three new lots with frontage on Lark Street, each to be developed with a single detached dwelling. The existing single detached dwelling would be retained. These lots are proposed to be created sometime after ouncil' cisi e ZBA, should Council decide to approve the ZBA. The ZBA cgogl r�ae -s ecific PP p provisions for certain setbacks and driveway width. Project Address: 157 Schweitzer Street Application Type: Zoning By-law Amendment ZBA25/013/S/AP Comments of: Environmental Planning — City of Kitchener Commenter's Name: Carrie Musselman Email: carrie.musselman@kitchener.ca Phone: 519-783-8940 Date of Comments: June 17, 2025 1. Plans, Studies and Reports submitted as part of a complete Planning Act Application: • Scoped Planning Justification Report, prepared by MHBC, dated April 24, 2025. 2. Site Specific Comments & Issues: I have reviewed the report/plan noted above to support a zoning bylaw amendment that would permit a consent for three new lots fronting on Lark Street with one retained, and note: • There are no natural heritage features or functions of local, Regional, Provincial, or national significance on, or adjacent to the subject property. 0 A few trees are on the property and one tree is located on 7 Lark St, a property adjacent to proposed Lot 4. The tree is near the rear north east corner of Lot 4 and may be impacted by future development. Environmental Planning staff can support the Zoning By Law Amendment. A Tree Preservation/Enhancement Plan (TP/EP) prepared by an Arborist, in accordance with the City's Tree Management Policy should be submitted in support of / at the time of the consent application. The TP / EP should be to protect and conserve the existing healthy trees on the property and incorporate them into the new development, ensure no tree Species At Risk (e.g. Butternut, Black Ash, myotis bats, etc.) will be impacted, properly characterize existing conditions; and assist in evaluating the potential impact on trees subject to the policy. The TP/EP should also address trees both wholly on the property and trees on adjacent lands whose root zones might be impacted by development on the property. It will also need to incorporate grading and servicing details. The Tree Management Policy can be found online at: https://www.kitchener.ca/en/resourcesGeneral/Documents/INS OPS Treemanagementpolicy. Of A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 53 of 167 Andrew Pinnell From: Mike Seiling Sent: Friday, June 27, 2025 11:45 AM To: Andrew Pinnell Subject: RE: Circulation for Comment - 157 Schweitzer Street (ZBA) Building; no comments Page 54 of 167 Andrew Pinnell From: Niall Melanson Sent: Monday, June 23, 2025 9:29 AM To: Andrew Pinnell Cc: Angela Mick Subject: 157 Schweitzer St, ZBA25/013/S/AP - Engineering and KU clearance Good morning Andrew. Development Engineering and Kitchener Utilities can provide our clearances for the ZBA application. Thank you. Niall Melanson, C.E.T. Project Manager, Engineering Division, City of Kitchener p.�Vl.li7rnl �lr ;sanl[ Ccs llcll4u;ll'IIrm lr.s;a, 519-783-8444 200 King St. W., Kitchener, ON N2G 4G7 Page 55 of 167 Andrew Pinnell From: Niall Melanson Sent: Monday, July 7, 2025 7:55 AM To: Chris Spere; Andrew Pinnell; Steve Allen Cc: Angela Mick Subject: RE: 157 Schweitzer St, ZBA25/013/S/AP - Engineering and KU clearance Morning all. Just catching up on this email chain and thank you Steve for looking into this and providing comments. Typically during the ZBA process Development Engineering only reviews to confirm sanitary capacity and water demands are available. This is to confirm that the upsized population may be supported. Storm is sorted out during the site plan process however it appears as though this development will likely go through CofA, which is okay. My thoughts are if it is not feasible to connect sump pump discharge to the storm sewer then they may either discharge to an infiltration gallery (soil conditions should be reviewed) or they may discharge to grade. Happy to discuss further but please let me know your thoughts. Thanks Niall Melanson, C.E.T. Project Manager, Engineering Division, City of Kitchener aaVVdri�a Vainwz�irnCaarlklaa;lrl ur,ir.a<u, 519-783-8444 200 King St. W., Kitchener, ON N2G 4G7 Page 56 of 167 Andrew Pinnell From: Jennifer Arends Sent: Wednesday, May 28, 2025 3:45 PM To: Andrew Pinnell Subject: FW: Circulation for Comment - 157 Schweitzer Street (ZBA) Attachments: Dept and Agency Circ Letter_157 Schweitzer St.pdf Hi Andrew, No issues with zoning from fire, but may want to give them a heads up that Direct to Fire Monitoring of fire alarm system will be required at building permit stage due to the location. Thanks, Fire Prevention Officer I City of Kitchener 519-783-7983 1 iienniiteir„aireinds@lk tclheirneir„ca Page 57 of 167 Andrew Pinnell From: Deeksha Choudhry Sent: Thursday, June 26, 2025 1:43 PM To: Andrew Pinnell Subject: Fw: Circulation for Comment - 157 Schweitzer Street (ZBA) Attachments: Dept and Agency Circ Letter_157 Schweitzer St.pdf Hi Andrew, No heritage comments or concerns for this application. Thanks! Kind Regards, Deeksha Choudhry, MSc., BES Heritage Planners Development and Housing Approvals Division I City of Kitchener 200 King Street West, 6th Floor I P.O. Box 1118 1 Kitchener ON N2G 4G7 Phone: 519-783-8906 E-mail: deeksha.choudhry(&kitchener.ca IM IM r rI,, df�01 � x r i uVi Keit: 1hei:cir.ca/Gir d" [ages - Open until April 30th Page 58 of 167 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 157 Schweitzer Street Owner: 1000947521 ONTARIO INC Application: ZBA25/013/S/AP Comments Of: Commenter's Name: Email: Phone Date of Comments: Park Planning Simon Latam simon.latam@kitchener.ca 519-783-8030 July 2, 2025 1. Documents Reviewed: I have reviewed the documentation noted below submitted in support of an ZBA to facilitate the future creation of three new lots with frontage on Lark Street, each to be developed with a single detached dwelling. The existing dwelling near the intersection would be retained. The ZBA would change the zoning from R-3 (By-law 85-1) to RES -4 (By-law 2019-051) with site specific provisions for relief from requirements related to setbacks, and driveway width, and building height. • Completed and signed Zoning By-law Amendment application forms • Functional Servicing Brief dated February 6, 2025 • Archeological Assessment dated January 2, 2025 • Scoped Planning Justification Report dated April 24, 2025 • Preliminary Grading and Servicing Plan dated January 2, 2025 2. Site Specific Comments & Issues: Parkland Dedication • The site is within the Bridgeport East Planning Community and through Places and Spaces — An Open Space Strategy for Kitchener, this community has been identified as well served for park and recreation service delivery. • In accordance with the Planning Act, City of Kitchener Bylaw 2022-101 and the Park Dedication Policy MUN-PLA-1074, Parkland Dedication will be required for the application taken as cash -in -lieu of land. • Parkland dedication requirements will be deferred at the Zoning By-law Amendment application and assessed at future Consent for severance application(s). Parkland dedication will be assessed based on the number and size of lots approved through the Severance application and required as a condition of Consent. Parkland dedication will be taken as cash -in -lieu of land according to the Planning Act, Parkland Dedication Bylaw 2022-101 and Parkland Dedication Policy in effect. • An estimate is provided using the approved land valuation of $36,080/linear meter and a capped rate of $11,862/unit. The estimated cash -in -lieu park dedication for each of the 3 proposed lots each having —9.Om of frontage is $11,862 for a total of $35,586. A City for Everyone Working Together — Growing Thoughtfully — Building Community PP15glecN of 167 City of Kitchener Zone Change / Official Plan Amendment Comment Form See section 5. Anticipated Fees • Dedication requirements are subject to the Park Dedication Bylaw, Policy and rates in effect. Please see below. • Should any further revisions be made, a revised parkland dedication estimate may be required. • If any questions regarding parkland dedication, please contact the above -noted Parks staff for clarification. Street Trees • There are no existing City owned trees along the frontage of either Schweitzer Street or Lark Street that will be impacted by the proposed development. • No new street trees are required. Trails • No comment Impacts to Public Lands • No comment Plans, Studies and Reports to submit as part of a complete Planning Act Application: Zoning Bylaw Amendment application: • No requirements • A site plan showing severed lots and property dimensions will be required at time of Consent for Severance application. 3. Comments on Submitted Documents • No requirements or comments 4. Policies, Standards and Resources: • Kitchener Official Plan • City of Kitchener Park Dedication Bylaw 2022-101 and Park Dedication Policy • City of Kitchener Development Manual • Cycling and Trails Master Plan (2020) • Chapter 690 of the current Property Maintenance By-law • Places & Spaces: An Open Space Strategy for Kitchener • Multi -Use Pathways & Trails Masterplan • Urban Design Manual A City for Everyone Working Together — Growing Thoughtfully — Building Community P ecM of 167 City of Kitchener Zone Change / Official Plan Amendment Comment Form 5. Anticipated Fees: • Based on the current legislative and policy framework, the current rates, land classes and the proposed preliminary site plan, Parkland Dedication of $35,586 (3 lots x $11,862) would be required as a condition of final Consent approval. A City for Everyone Working Together — Growing Thoughtfully — Building Community P°` M of 167 Andrew Pinnell From: Mike Balch Sent: Friday, June 27, 2025 3:48 PM To: Andrew Pinnell Subject: RE: Circulation for Comment - 157 Schweitzer Street (ZBA) No Comments Have a good long weekend! Mike Balch (he/him), MSc. Planner (Policy) I Planning and Housing Policy Division I City of Kitchener 519-783-8928 1 TTY 1-866-969-9994 iilke„113 1al I I�iitcheneir..ca ..........................................._F......................................................... Page 62 of 167 City of Kitchener Zoning By-law Amendment comments Application type: Zoning By-law Amendment Application ZBA25/013/5/AP Comments of: Transportation Commenter's name: Dave Seller Email: Dave.Seller@kitchener.ca Phone: (519) 783-8152 Date of comments: June 5, 2025 Project address: 157 Schweitzer St Preamble A Zoning By-law Amendment Application (ZBA) has been submitted to facilitate the future creation of three new lots with frontage on Lark Street, each to be developed with a single detached dwelling. The existing dwelling near the intersection would be retained. The ZBA would change the zoning from R-3 (Zoning By-law 85-1) to RES -4 (Zoning By-law 2019-051) with site specific provisions for relief from requirements related to setbacks and driveway width. Transportation Services Conclusion Transportation Services have no concerns with the proposed ZBA. Transportation Services would like to flag the applicant's proposal to widen the existing driveway on the retained lands to a maximum width exceeding 8.0 metres. Based on preliminary review, the proposed driveway width may conflict with the location of an existing hydro pole (refer to redline markup below). Should the applicant wish to proceed with the driveway widening as proposed, they will be responsible for all costs associated with relocating the hydro pole. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 63 of 167 Andrew Pinnell Senior Planner City of Kitchener 200 King Street West, 6th Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Schneider, PLANNING, DEVELOPMENT & LEGISLATIVE SERVICES 150 Frederick Street, 8th floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www. reg io nofwaterloo.ca Will Towns: 519-616-1868 File: D17/2/25005 Re: Zoning By-law Amendment ZBA25/013/S/AP 157 Schweitzer Street Avinash Mishra c/o MHBC Planning City of Kitchener C14/2/25011 June 24, 2025 Regional staff have received a zoning by-law amendment (ZBA) application pertaining to 157 Schweitzer Street. The applicant proposes to facilitate the creation of three new lots (via a future consent application), with each lot to be developed with a single - detached dwelling. The existing dwelling closest to the intersection of Schweitzer Street and Lark Street would retained. The three proposed severed lots would each feature 246.6 square metres in lot area and 9 metres of frontage on Lark Street, while the retained lands would be 653.7 square metres in size with 27.4 metres of existing frontage on Schweitzer Street. The lands are designated Urban Area and Delineated Built Up Area in the Regional Official Plan (ROP); designated Low Rise Residential in the City of Kitchener Official Plan; and zoned Residential Three (R-3) in Zoning By-law 85-1. The ZBA proposes to change the zone category to Low Rise Residential Four (RES -4) in Zoning By-law 2019- 051 to permit the proposed lot sizes and seek additional relief from provisions related to front- and rear -yard setbacks and driveway width. Regional staff provided comments on the related pre -submission application in November 2024 and have now had the opportunity to review the formal application in line with the Region's revised responsibilities following the proclamation of Bill 23 (the Document Number: 5014356 Version: 1 Page 1 of 3 Page 64 of 167 More Homes Built Faster Act) and provide the following technical comments for consideration by the City and applicant. Waste Management (Collections) — Advisory Regional staff have reviewed the proposal in relation to waste collection services delivered by the Region. The existing lot and dwelling and the three new proposed properties fronting on Lark Street would all be eligible to receive curbside waste collection provided by the Region. Each property will be able to participate independently so long as each property has a driveway onto a municipally maintained roadway. Should If the applicant have further questions related to the eligibility of these proposed properties for waste collection services, please contact EESColIectionContractCoordinators(a)-region ofwaterloo.ca. Environmental Threats — Advisory For the City's awareness, the Region's Threats Inventory Database identifies "low" environmental threats on the subject lands associated with documented past commercial land uses. This is identified by the yellow dot in the graphic below. Fees In accordance with Regional Fees By-law 24-052, Regional staff acknowledge receipt of the required $3,000 ZBA review fee from the applicant (received April 22, 2025). An additional fee ($350) will be required in association with the forthcoming consent application. Document Number: 5014356 Version: 1 Page 2 of 3 Page 65 of 167 Conclusions & Next Steps As per the foregoing, the Region has no objection to the City of Kitchener's approval of this ZBA application. Please be advised that any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19- 037 or any successor thereof. Please accept this letter as our request for a copy of the decision pertaining to this application. Should you have any questions, do not hesitate to contact the undersigned. Yours truly, Will Towns, MCIP, RPP Senior Planner CC. Juliane van Westerholt, MHBC Planning (Agent) Document Number: 5014356 Version: 1 Page 3 of 3 Page 66 of 167 Andrew Pinnell From: Shaun Wang <shaun.wang@enovapower.com> Sent: Friday, June 27, 2025 9:35 AM To: Andrew Pinnell Cc: Greig Cameron Subject: RE: Circulation for Comment - 157 Schweitzer Street (ZBA) Andrew, have reviewed the rezoning application. understand that the customer is seeking approval to sever the lot. Enova has no issue to supply the additional residential units. am still vague on why/how power reliability impacts the decision, or how to reply. Please give me a call and discuss your request. In general, this area is at the fringe of Enova's 13.8kV distribution system. We have two long feeders supplying this area, one from Kitchener MTS#4 (our Victoria St Office), the other from Kitchener MTS #5 (near HWY 86/Ottawa St). Since this area is at the end of these two feeders, by nature any upstream feeder fault may cause the power outages affecting this area. If the fault is caused by fallen trees/branches, it takes long time to clear the upstream and restore the power. In order to improve the power restoration, Enova has installed 3 automated reclosers on these two feeders in 2014. Following Enova's merger in 2022, we consider extending a third feeder from Waterloo Scheifele TS (near Conestoga Mall) to back up this area, subject to a further study. regards, l:..:.. -'nova Power Corp 301 Victoria St. South, Kitchener, ON N2G 4L2 Office Number: 226-896-2200 x6312 shaun.wang@enovapower.com.q1gg! gg� yeir„com Page 67 of 167 Andrew Pinnell From: Angela Wang <awang@grandriver.ca> Sent: Wednesday, May 28, 2025 8:38 AM To: Andrew Pinnell Subject: RE: Circulation for Comment - 157 Schweitzer Street (ZBA) Hi Andrew, Please be advised that the subject property is not regulated by the GRCA under Ontario Regulation 41/24. As such, we will not be providing comments on this application. Kind regards, Airr"nellla Waing i a:sou.uirce IRIa:-airninei uirairud liiiva; it Coiruseiraaiuoura Authioirity 400 Clyde Rd Cambridge, ON N1R5W6 Office: 519-621-2763 ext. 2270 Email , nr ,irk..9.. >..9.!r ,irn,aj,irii,veir.c .www::.9.!r lrn�llriiy lr,.ca 1I ��..............................::...........:...................at.��.....�:!i."�.....p!!�.....so iiall irnediia g2.! with �u✓i............................................................. Page 68 of 167 Andrew Pinnell From: Planning <planning@wcdsb.ca> Sent: Monday, June 9, 2025 2:22 PM To: Andrew Pinnell Subject: Re: Circulation for Comment - 157 Schweitzer Street (ZBA) Good afternoon, The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following comments/conditions: 1. That any Education Development Charges shall be collected prior to the issuance of a building permit(s). Thankyou. Kind regards, Isabelle Lung Ler I Planning Technician P 519-578-3677 x 2355 1 wcdsb.ca Watertoo Catholic t , � District Irl Board Quaky, Inclusive, Faith Bawd Cr maation Page 69 of 167 From: Steve Gyorffy < > Sent: Wednesday, July 2, 2025 2:19 PM To: Andrew Pinnell Cc: Scott Davey Subject: Zone Change for 157 Schweitzer St Some people who received this message don't often get email from Learn why this is important Attn: Andrew Pinnell, Senior Planner Dear Mr Pinnell, Re: Neighbourhood Meeting Follow-up The members of our neighbourhood appreciated the further information and insights provided during the zoom meeting of June 26th, 2025. However, this meeting further reinforced my concerns about the myriad of justifications put forth in support of this project. Many of these justifications don't hold up under closer examination. In the following I will summarize the many reasons for my concerns. Concerns: Storm Drainage Misleading Photographs Official Plan Adherence Proposed Variances from New Bylaw Consents Notifications Regional Municipality of Waterloo - Site Servicing Questionnaire i Page 70 of 167 Good evening Mr. Pinnell, There were many concerns that could not be addressed during the course of the June 26 public meeting due to time constraints. We can appreciate your's and Mr. Davey's position that the Zoom format is how these meetings are currently done and have been for some time. With all due respect, you work in a modern environment that has utilized technology for efficiency. However, the Zoom format does create accessibility issues for many residents, as was witnessed by the number of senior neighbours that came together at the Bridgeport Community Centre in order to access the meeting to express their valid concerns. Many residents, namely the two most affected by the application and adjacent to the subject property, are seniors who do not have access to email or other electronic communications. This process needs to consider the accessibility issues to remain equitable and inclusive of everyone impacted. There will be some residents who are unaware of the application. Postcards were sent to some neighbouring homes, but some did not receive one. Additionally, it was mentioned that there should be signage on the subject property for the proposed development. There is none, nor has there ever been. We address this specifically, with photographs below. It is clear that the new owner of 157 Schweitzer Street has not spent much time in this community. It is also clear he does not understand the impact his proposal will have on the current residents and homes in the neighbourhood. Many residents in the City of Kitchener likely do not understand that Bridgeport East, while a part of Kitchener, has its own unique identity. Many of the residents that live in this specific part of the neighbourhood have lived here for 40, 50 or even 60 years, since Bridgeport was first developed and not part of Kitchener. Lark Street, Schweitzer Street and Schofield Drive are streets that end in farmer's fields at the absolute edge of the city boundary. The attraction to this neighbourhood is the lot sizes, the low-density housing and being at the edge of the citywhere traffic issues do not impact our immediate neighbourhood. This is why we chose to move here almost a decade ago. This proposed development, requiring a zoning amendment, and exceptions to that amendment, will impact the immediate neighbourhood considerably. Page 71 of 167 Scoped Planning Justification Report We have reviewed the Scoped Planning Justification Report filed by MHBC Planning. There is a lack of veracity in some of the areas covered in the report that the Planning Committee should be aware of. There are also issues with the other documentation that came with the application to the city. The photographs included in the report are of homes on other streets, but not the affected Lark Street. There are no two-storey homes on Lark Street. There are 2 two-storey homes on Schofield Avenue. Many of the lot sizes or frontages on Lark Street have more than 60 to 70 feet to accommodate side split homes. It is troubling and has us questioning intentions and the veracity of other areas of the report, that not one single home from Lark Street was included in the photographs to represent the character of the neighbourhood for the Planning Committee. At the recent public meeting, when this issue was touched upon, MHBC responded with the mischaracterization of 14 Lark Street as being a two-storey home. This is not the case, nor was a photo of this home submitted in the report. All of the houses on Lark Street are, in fact, either side splits or bungalows only. Below are four homes on Lark Street near the subject property and are more representative of the lot size and homes in the immediate area. Page 72 of 167 Page 73 of 167 Please note, these homes are side splits with the lower level partially below grade and therefore cannot be considered two storeys. Additionally, the inclusion of photographs in the report of two homes on Daniel Avenue, as representative of the neighbourhood, is also troubling. The 2 one -storey homes photographed were part of a Habitat for Humanity build that happened manyyears ago. Those homes are not representative of the other homes and lots in the neighbourhood but are certainly representative of an already established increase to the density of the larger neighbourhood in Bridgeport East. The inclusion of a home on Schofield Drive characterized as a three-storey home is inaccurate as well. That home was a raised bungalow on a sizeable lot that was renovated to two storeys to accommodate the family that owned it. The bottom level of the home is mostly below grade and cannot be considered a three-storey home. Again, this misrepresentation casts doubt on the veracity of the report submitted. The inclusion of photographs of two semi-detached homes in the small sample size of photographs offered by MHBC is also a misleading representation of the surrounding lots and house sizes in the greater neighbourhood. These homes are an exception to the norm and already represent an increase in the density of the larger neighbourhood in Bridgeport Page 74 of 167 East. This misrepresentation of our neighbourhood has been done in an attempt to make this application pass without actual knowledge this neighbourhood. The report's conclusion characterizes this severance of 3 lots, with 30 -foot frontages, from a current backyard as "modest intensification:' During the meeting and in other parts of the report, it was characterized as gentle intensification. Despite the wordsmithing, it is considerable intensification on Lark Street. While all of the other lots on the street are much wider to accommodate side splits and bungalows, the proposed lots will only have 30 -foot sized lots. This is not in keeping with the character of the neighbourhood and specifically with the affected Lark Street and is contrary to Policy 17.E.20.5 of the City Official Plan specifically section b) that reads "the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas and configurations." The surrounding lands are Lark Street, Schofield Avenue and Schweitzer Street and should not include Daniel Avenue. The lot sizes are NOT similar in size to surrounding lots, they are considerably smaller. Noted on page 11 of the MHBC's report, they suggest similar lot sizes on Schofield Drive, Schweitzer Street and Daniel Avenue. This is not accurate. Additionally, the report neglects to mention Lark Street, where the houses will be built. That omission is glaring, and it would take 5 minutes to wall<the neighbourhood to see this inconsistency in the report. The proposed front yard setbacks have the houses sitting closer to the road than any other homes on the street and will cause them to stand out. This would not be necessary if the owner chose to sever one lot from the existing property. This would allow sufficient space to put a home with similar offsets to the existing homes on the street, with similar lot sizing. When considering the policies of section 4.C.1.8 of the City Official Plan - a) the proposed single detached dwellings will NOT be similar to other dwellings in the immediate area, contrary to MHBC's report. While MHBC states the front yard setbacks will not require a reduction under RES4 zoning, it will not be in Keeping with the rest of the homes on the street. While recognizing the importance of the Provincial Planning Statement and reaching residential targets, this development is not in keeping with current zoning or even the proposed rezoning application from RES3 to RES4, as the owner will ask for additional exceptions to zoning requirements if he is successful in having the property rezoned. Additionally, this application really is not about meeting provincial residential targets. It is about the owner, Mr. Mishra, increasing his wealth by severing the lots for resale. Page 75 of 167 As it was pointed out in the meeting, the intention of the owner is to sever the lots and resell them, not develop them. What is to stop the new owners of the lots from building multi -unit dwellings on those lots? What will those new lots be zoned as, RES4? This could create even greater intensification in this purposely built low density neighbourhood bordering on agricultural land. With the selling of the proposed 3 lots to individual builders/buyers, there could be very different homes built on those lots. As well, the construction process could be a long, drawn-out affair causing disruption to the entrance of this small neighbourhood for an extended period of time. There is no other access or egress point to Lark Street or Schofield Drive. All residents must pass by this location in order to reach their homes or leave the neighbourhood. Multiple builds over a drawn-out period of time will cause considerable and unreasonable disruption to residents. All of the residential homes on Lark Street are zoned for RES3. All of the residential homes on Schofield Drive are zoned for RES3. The majority of the homes in the surrounding neighbourhood are zoned for RES3. The exceptions are a small number of lots that were rezoned to RES4 to allow for a few semi-detached homes, the Habitat for Humanity build on Daniel Avenue and the large agricultural lots across from the subject property belonging to the church at the end of Schweitzer Street. The applicant is trying to get the property rezoned to allow for more lot severances because the proposed development does not comply with the current fabric of the neighbourhood nor current zoning. Additionally, he will be seeking amendments to the RES4 zoning, if permitted, to make up for insufficiencies in the current plans as they relate to yard setbacks and driveway widths. On page 7 of the report is Table 2 that speaks to the application being consistent with the PPS Policy of 2024. In the first paragraph, MHBC speaks to the zoning by-law amendment permitting "the development of single detached dwellings with smaller lots, broadening the mix of housing styles and lot sizes in the area, increasing housing choice. " This is an example of where assertions in the report can be incongruent with other areas in the report. MHBC speaks to the proposed development retaining the character of the neighbourhood but here it reports it will broaden housing styles and lots sizes. If compared with the immediate and surrounding neighbouring houses, the new lots and houses will be very different from the current lot sizes and style of homes. This is contrary to the policies of the City Official Plan. There will potentially need to be remediation of the property related to the septic tank system and a potential automotive repair site. Most homes in this neighbourhood were, Page 76 of 167 at some point, on septic systems and many homes still have them buried in their yards despite current connections to the city sewer/sanitation systems. The subject property is no exception and that has been addressed later in this document as being misrepresented in the Region's Environmental Site Screening Questionnaire. In reference to the Region's desire to transition existing neighbourhoods to 15 -minute neighbourhoods, it cannot go without mention that Bridgeport East is somewhat isolated from the rest of Kitchener, which is separated by an already congested single bridge. While there is an industrial park nearby offering some employment opportunities and some smaller limited park areas (Sylvia Park only in this immediate neighbourhood), there are no grocery stores and very limited other commercial properties servicing the community. There are also no schools leaving a requirement to bus children to the nearest schools. As there is a single GRT transit route for the entire Bridgeport East community, to reach the nearest grocery store requires a bus change or a long walk up the hill on Bridge Street, after getting off on Lancaster Street, to reach the local Freshco. Otherwise, without a car, folks needing groceries would have to ride the one bus route that services the area a considerable distance. It is difficult to manage without a car here. The Region's goal of 15 - minute neighbourhoods might not be possible on this side of the bridge. There is a single two-lane bridge that offers access from Bridgeport (and many commuters to the East, such as Breslau, Guelph), to the rest of Kitchener. Intensification at any level in this community creates strain on the traffic flow from Bridgeport East into Kitchener. During commuting times, traffic is backed up considerably to wait to cross the bridge. Until there is another bridge or a widening of the existing bridge, traffic congestion will continue to worsen at this bottleneck. Additionally, a very large new industrial site is under construction and that will also add to the bottleneck of workers and residents alike trying to access other parts of the Region. While the neighbourhood falls within the "built up" area referred to on page 9 of the report under heading 3.3 City of Kitchener Official Plan, it is just inside the built up area. Lark Street, Schofield Drive and Schweitzer Street areas where the subject property is situated are very close to agricultural land and the city boundary. All of these roadways end at a dead end a short distance away in farmer's fields. Outside of the MHBC report there are other considerations for this application. Currently, we experience frequent power outages during all seasons of the year, and these are not specific to weather events. Theyjust happen. However, just a few nights ago as we were trying to finish this document, there was an outage with a storm. Adding three more houses to the grid will offer further strain on an already overburdened power grid. This has been the Page 77 of 167 case for the duration of our time in this neighbourhood and we seethe potential for it becoming worse without sufficient updating to the current infrastructure. As mentioned, many times during the meeting, there is concern about the water table in the neighbourhood and storm runoff. With the considerable reduction of the green space on the property of 157 Schweitzer Street in the proposal, we are left wondering how that will impact the ability forwater absorption during inclement weather and the spring melt in our immediate neighbourhood. With the current soil make-up, with clay being predominant, the water table levels are a concern. Our home experiences sump pump drainage requirements in the spring melt, as do many homes in the neighbourhood. How will the loss of green space and the construction impact the balance and flow of water in and on the ground? A proper study should be completed and made public. The answers offered that the "engineers" said it would not be a problem is insufficient to calm this concern. I speak further to this below in the report and include photos of the stormwater system we currently have on this side of Lark Street. As mentioned by another resident during the meeting, the nearest connection to the city storm system is at Daniel Avenue and Schweitzer Street. The water draining from the proposed new lots will have nowhere to go and will have to run over the land, as the current culvert is buried at this point. Snow removal is another concern in this neighbourhood. We experience a lot of snow in this neighbourhood, with snowbanks reaching large volumes due to the close proximity of open agricultural land and drifting. We are able to disperse this snow from our driveways along our lot lengths and driveway lengths. The proposed development does not sufficiently take into account where snowwill be placed with smaller lot sizes. If the proposed lot sizes are 9 metres and a typical width of a single driveway under the current governing zoning by-law for this neighbourhood (85-1) is 2.6 metres to a maximum of 8 metres or 50% of the lot width, where will the snow from these driveways be placed? These same driveway dimensions exist in the new zoning by-law 2019-051 that is being phased in. There are no sidewalks in this neighbourhood. As it is, residents and children must walk and play on the side of the road. Increased traffic on Lark Street will pose a safety risk to current residents. There is already poor overhead city lighting, creating darkened areas and poor visibility at that intersection of Lark Street. This lack of lighting, the narrow street, lack of sidewalks and an increase in traffic exacerbates this safety concern. Page 78 of 167 Application for Zoning 6y -Law Amendment Notice Signs Please note all properties subject to an application for a Zoning By-LawAmendment are required to post notice signs. As per Council Policy 1-705, should the subject property be situation at an intersection or have frontage on more than one public road, notification signs will be required for each street frontage. [...I Property specific notice signs are provided by the City, at the cost noted in the fees section of this form, and shall be installed by the applicant. A photo of the installed property specific notice sign must be sent to the File Planner prior to the application being deemed complete. The sign(s) shall remain in place until a decision has been made by Council and the applicable appeal period has expired. At that time, it is the responsibility of the applicant to remove the sign(s). There have never been any signs posted on the property on either of the frontages on Schweitzer Street or Lark Street. It would appear this application is not complete at this time and should not have proceeded to the next steps of "Notice of Application:' Some residents may not be aware of this application. The following photographs were taken of the subject property at 157 Schweitzer Street immediately following the public meeting held on June 26, 2025. Page 79 of 167 8. Proposed Zoning By -Law Amendment There are acknowledged deficiencies, by the applicant, in meeting Low Rise Residential Four (RES4) regulations. As such there is a request for amendments to site specific regulations to comply with zoning by-laws due to their proposed severance of the land from one lot to four lots. With these acknowledged deficiencies, the applicant still proposes they be granted exceptions to the RES4 zoning by-law to enable them to sever the lot into four lots, instead of exploring ways to sever the lot without requiring exceptions to the zoning by-law. Under closer inspection of a portion of the proposed changes to the existing lot, you can see the rear yard of this long-established home becomes 1.6 metres. There is a deck that is currently larger than the proposed setback for this yard attached to the home (as seen in the photo below). Additionally, it is absurd for MHBC to suggest that this backyard now becomes a side yard to meet zoning requirements for yard offsets. Simply calling it the side yard does not make it so. The house situated here is oriented to have a rear sliding door that exits onto a deck. This home is 157 Schweitzer Street and the front yard and front of the house and front door face Schweitzer Street. Again, to suggest that the current side Page 80 of 167 yard of this property now becomes the front yard in order to meet the requirements of the zoning law is ridiculous. The home is oriented to have the front yard on Schweitzer Street. Rezoning this property to RES4 to accommodate the deficiencies of this proposal seems to be an abuse and manipulation of the current zoning regulations in the name of maximizing profits. The existing driveway will now require an exception to be within the requirements of the law. Additionally, the rezoning will still require exceptions for the yards of the original property and all of the rear yards for the retained and new proposed severed lots. Under the current governing law Zoning By-law 85-1, the minimum lot area for a residential home should be 411 square metres with minimum widths of 13.7 metres. None of the current proposed lots whether the original or new severed lots meet all of the requirements of RES3 and thus the request to move to RES4. However, if the proposal to sever the property was done in a more reasonable manner to more closely resemble the surrounding lands, as required, there would be no need to have the property rezoned to RES4. Page 81 of 167 For example, in keeping with RES3 zoning, the property can be properly severed into two lots with the original retained lot measuring 29.8 metres by 27.4 metres and the new severed lot 21.1 metres by 27.4 metres. There would be no requirement for rezoning. An example of reasonable intensification occurred with this infill home built on Schofield Drive. It was built on a lot severed from 9 Lark Street. The lot and home is in keeping with the surrounding lands and homes. If the subject property is rezoned to RES4, this unreasonable proposal can then proceed but in addition to this, the original retained lot/home can then be further altered. The current home is more than 50 years old and has not been well maintained in recent years. It stands to reason that once rezoning is permitted, the original retained home/lot can be further severed or a multi -unit dwelling could be added without restriction, furthering the intensification of this tiny corner of the city. 9. Proposed Zoning By-law designation Chart The site specific regulation request includes an exception to the Zoning By-law to allow: • reduced minimum front yard setbacks for all of the proposed lots • permit the maximum width of the driveway for the retained lot to exceed maximum widths Page 82 of 167 0 reduced minimum rear yard setbacks for all of the proposed lots Again, these exceptions or amendments to the by-law would not be required if there was alternate consideration of how the lot was severed. If the lot was severed in a more responsible waywith slightly less intensification, exceptions to existing laws would not be required. 10. Site Conditions It is noted there are veracity issues with how this section has been completed, whether intentional or oversight. It serves to mislead the Planning Committee, not giving them all of the available information to make an informed decision on this application. b) What is the length of time that the existing use(s) of the subject land have continued? No answer c) Are there existing buildings on the subject property? Yes • If yes, are any of the existing building or structures 50 years of age or older? No answer This property was constructed prior to 1970 which would make the original home older than 50 years. g) Are there any buildings or structures proposed to be built on the subject lands? No The intent of the owner/applicant is to sever the one existing lot to make 4 lots. The additional 3 lots are proposed to be sold for building additional homes on them. 11. Proposed Servicing c) Stormwater Drainage -A preliminary stormwater drainage report is required for all types of storm drainage. Select the proposed stormwater drainage servicing below. Sewers While this is proposed stormwater drainage for the site, there does not exist current stormwater sewers at this location. Currently, Schofield Drive has a series of ditches and culverts to manage stormwater drainage. These ditches are also utilized for the homes to pump excess ground water that enters their sump pump wells in the spring melt or when the water table is high. These ditches lead to and join a culvert at the Page 83 of 167 corner of Schofield Drive and Lark Street. The culvert, which is buried approximately 2 feet below the surface, runs under the front of the properties situated at 9 and 7 Lark Street and continue along the side of the property situated at 157 Schweitzer Street to the corner. It is then diverted to the storm drain at the corner of Daniel and Schweitzer Streets. The current state of this stormwater culvert is not sufficient. It is prone to freezing due to its shallow depth and does get blocked by snow in the winter. Please see the photos below. Page 84 of 167 Regional Municipality of Waterloo - Environmental Site Screening Questionnaire 3. Was the subject property ever used for commercial purposes where there is potential for site construction Answer: No Neighbouring witnesses, who have lived here in excess of 40 years, report that automotive repair was regularly conducted at 157 Schweitzer Street. Witnesses report there is an automotive pit below the garage of the residence that was commonly used for automotive repair work and oil changes. 6. Is there reason to believe that this property may be potentially contaminated based on historical use of this or an abutting property? Answer: No Page 85 of 167 Again, neighbours report that automotive work was done at this residence and there is an automotive pit below the garage of the residence. If this pit was in fact used for oil changes and other automotive work, there needs to be a proper inspection done by the Region to ensure there is no contamination of the surrounding property. 10. Does the property use or has it ever used a septic system? Answer: No It is stated with certainty that there was a septic system in use at this property prior to it being connected to the city's sanitary sewage system. Most homes in the area have septic tanks on the property despite now being connected to the city's sanitary system. Having regard to the above stated concerns regarding the Application for Zoning By- law Amendment, as well as the somewhat uninformed Regional Environmental Site Screening Questionnaire, there are sufficient concerns and issues with the application that warrant further investigation prior to the Planning Committee meeting so they may make an informed decision regarding this application. In closing, we can confidently say this proposed application causes considerable concern. Increased strain on infrastructure that has not been updated to meet current standards, such as stormwater movement, water table and ground saturation and hydro power, congestion on the bridge, as well as increased safety concerns over street lighting, lack of sidewalks and more traffic on a narrow street. The addition of three 30 foot lots with two storey houses onto a street that has predominantly 60 to 70 foot lots with side splits and bungalows does change the character of the immediate neighbourhood. The zoning changes will permit reduction in green space requirements on each lot. If the applicant reduced the proposal to only sever the lot once to allow one additional home, it would allow for the lot size, yard setbacks and home style to more closely resemble the character of the neighbourhood and current zoning. If this proposal is allowed to proceed, it will change the character of the street and impact the existing properties and residents in a number of ways, as outlined above. Additionally, we do worry about what these changes will do to impact propertyvalues on our street and set precedents for further intensification to the subject property and surrounding properties once the lots are sold. Thank you foryour consideration of our concerns and comments, Julie Sudds and Rebecca Shay Page 86 of 167 From: Steve Gyorffy < > Sent: Monday, June 16, 2025 8:59 AM To: Andrew Pinnell Cc: Scott Davey Subject: 157 Schweitzer St Some people who received this message don't often get email from Learn why this is important Re: Planning Application - 157 Schweitzer St My name is Steve Gyorffy and I have lived at for 57 years. I am also a former City Engineer having worked for the City of Kitchener for 34 years. Therefore, I am familiar with development applications in the past and how they were handled. I am concerned about this current proposal which will have a substantial impact on our established 60 year old neighborhood. could understand the need for a zoom process during pandemic times. However, the city now seems to have adopted this same process even though the pandemic is long over. As a former city employee, I have attended many public meetings. On my retirement, I have attended both public and zoom meetings. I have found that an in- person open house is much more informative and productive. I am disappointed that the city would not provide one at an excellent city resource like the Bridgeport Community Centre. The Ward Councillor should also attend such a meeting. This is important since there are a substantial number of retired seniors on our street who may not be capable of or interested in participating electronically. It almost seems that the city is trying to ram this project through by providing minimal information to neighboring residents. This is borne out by the proposal for a zoom meeting and the fact that I placed a call to the File Manager requesting further information on receiving the mail -out and to date my call has not been returned. acknowledge and recognize the city's initiatives to increase housing density, but any such endeavours need to recognize site conditions and any associated constraints that they impose. There is a major change requested in zoning from R-3 to RES -4. That is a significant change for our neighborhood by itself. However, it is also requested that we support relief from requirements related to setbacks, driveway width, and building height. In particular, the current proposal to move the building setbacks closer to the street by 1.6 Page 87 of 167 meters will stick out like a sore thumb on the entrance to the street. The other proposals leave no backyard for the existing house and little greenspace on any of the proposed lots. The major reduction in greenspace will exacerbate the chances for flooding in this area and negate the city's efforts for more stormwater management. Being in an area on the fringe of the city, access to public transit is not as readily available as in core areas. As a result, area residents tend to have multiple cars increasing the need for readily available parking. The proximity of the 3 lots will negate the space for street parking in front of these lots. That will require visitors to park elsewhere on the street. Many area residents have more than one car. On a walk around the corner this morning, I noted a property with 5 cars in the driveway. These were all accommodated on the property's driveway. There will certainly be a problem accommodating anything more than a single car in this proposal. The Habitat homes on neighboring Daniel Ave are a fine example of lower cost housing. With slightly wider lots, they can accommodate ample parking at the side of each house.They were constructed in 1993 with even President Jimmy Carter coming to help build them! There are also some infrastructure considerations. This area has a high water table. Special precautions were taken over 40 years ago during the installation of the sanitary sewers to not lower the high groundwater table for fear of damage to existing structures. Many homes have major problems with sump pumps running frequently in the early spring. Despite the comments by the applicant's Engineer, there is not adequate storm drainage on the street. A shallow culvert pipe was installed years ago to conduct sump and ditch drainage from the corner of Schofield Drive to Schweitzer Street. This pipe is shallow and prone to freezing thus blockage. It cannot be considered a proper storm drain by engineering standards. It has previously collapsed requiring repairs by the city. The closest proper drainage outlet which is below frost depth is located one block away at the intersection of Schweitzer St and Daniel Ave. Drainage problems will be exacerbated by the substantial reduction in green space substituted by non porous surfaces on further development. Although the proponent supplied an engineering report on the suitability of this project, there is no information provided with respect to construction constraints and the impacts of the water table in this area. The construction of a new foundation in close proximity to the existing dwelling at #7 Lark St (Harbach) presents an unreasonable impact to the existing house both from the standpoint of accommodation of her house and the potential for structural impacts. The suitability of soil and groundwater conditions for further development is not addressed in this proposal. In addition to the concerns noted above, further development on this site is premature until a proper storm drainage system is installed from the intersection of Lark St and z Page 88 of 167 Schofield Ave to the intersection of Schweitzer St and Daniel Ave to preclude the aggravation of existing drainage issues. In summary, this proposal is clearly overkill - like trying to put ten pounds of sugar in a five pound bag. It doesn't fit! Respectfully submitted Steve Gyorffy Page 89 of 167 From: Sent: To: Subject: You don't often get email from Good day Andrew, Zekiel Foncardas < Thursday, June 19, 2025 9:11 PM Andrew Pinnell 157 Schweitzer St. Neighbourhood Meeting Learn why this is important My name is Zekiel, and I am a UW planning student. I'm just curious as to what Kitchener's open houses/public meetings look like. May I attend the neighbourhood meeting for 157 Schweitzer (I see that it is online) to observe? Thanks, Zekiel Page 90 of 167 From: Paul Kordish < > Sent: Wednesday, July 2, 2025 7:56 PM To: Andrew Pinnell Subject: Re: 157 Schweitzer St. Proposed Development Zoom Meeting You don't often get email from Learn why this is important Hi Andrew, Sorry to bother you, but further to our recent discussion, my MIL requested that I bring something to your attention. At the virtual meeting, Julie spoke about the Septic Tank situation on the subject property. Perhaps I misunderstood her, but I got the impression that she was not aware of a Septic system ever existing and that City service was in place. Although that is the case currently, when 157 Scweitzer was originally built in the 60's, it utilized a Septic Tank. Mrs. Boes is not sure if the tank was ever decommissioned, but she is certain that it was never removed in the 50+ years that she has lived next door. We thought that we should bring this matter to your attention, as it obviously has important implications for your investigation and planning process in respect of the rezoning application. Thank you and please don't hesitate to contact me if you require any further information. Regards. Paul On Fri, Jun 27, 2025 at 10:28 AM Andrew Pinnell <Andrew.Pin nell@kitchener.ca> wrote: Hi Paul, Thank you for your comments. am sorry that you had trouble with the audio at last night's Zoom meeting. Note that the recording of the Virtual Neighbourhood Meeting that was held on June 26th and the presentation slides will be posted on following website in the coming days: www.l<itchener.ca/planningaaalications As I mentioned, the upcoming Planning Committee meeting will be a hybrid format (you may attend in-person or virtually). I can confirm that I have added you to the notification list and you will receive further updates on this application. Page 91 of 167 There is no maximum timeframe for the owner to commence construction of the new houses. At this point, the application is simply to see approval to change the zoning to allow the future severance and construction of the houses. Your comments will be considered and summarized in the following ways: • During my Planning analysis; and • Ina recommendation report to Council. Here are the next steps: Noitioceofd.enllo meini w Reil Ilh'bourhsood Stafnarns�afiidatltugallfe@dlbackinciderto Councildecmnron sent andkeba� � info�rmnation 3)fnaliizear arnneWitio�ntobeconsidered � ��,coimmun�icatedbarcklo Al req�atested Session by,Pla�animgCurnmfitteeamudlCityCouncil � � resid,eMswho partmciiipat i n mn hormmatia rr sen,smorms Learn more about the project, share your thoughts and understand your appeal rights, visit www.kitchener.ca/planningaaalications. Thanks, Andrew Pinnell, MCIP, RPP Senior Planner I Development & Housing Approvals Division I City of Kitchener 519-783-8915 1 TTY 1-866-969-9994 1 andrew.pinnellPkitchener.ca From: Paul Kordish < Sent: Thursday, June 26, 2025 8:52 PM To: Andrew Pinnell <Andrew.Pinnell@kitchener.ca> Subject: 157 Schweitzer St. Proposed Development Zoom Meeting You don't often get email from Good Evening Andrew. Learn why this is important My name is Paul Kordish and I was the person who attended the Zoom meeting this evening and who was unable to audio connect despite everything on my system apparently functioning correctly. My mother-in-law, Edith Boes, is the owner and resides immediately next door to the subject property at Given that she is in her 91 st year, she did request that I attend the virtual meeting in an effort to help her better understand the scope of the proposed development. I have 2 requests on behalf of Mrs. Boes. Page 92 of 167 Firstly, would you kindly add me to your email list for further notifications and developments in respect of this matter. Secondly, is a question that I was unfortunately unable to submit earlier tonight due to audio technical difficulties. My question is, once any of the 3 properties are sold, what is the maximum time frame that the purchaser must commence construction of the home on the lot? Thank you foryour assistance in both of these requests. Best regards. Paul Kordish Page 93 of 167 From: Mary Hoch < > Sent: Monday, June 16, 2025 9:23 AM To: Andrew Pinnell Cc: Scott Davey Subject: Re: planning application 157 Schweitzer St Attachments: 2025-06-16 08-49.pdf [Some people who received this message don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderidentification ] There is a proposal for a Zoom meeting regarding the planning application for 157 Schweitzer St. on June 26, 2025. This neighbourhood has a large number of retired seniors, and others are not comfortable with the latest computer technologies and would not be participating in a zoom meeting. We are there for submitting the attached petition for a personal open house style meeting in a convenient nearby centre such as the Bridgeport community centre instead of a zoom meeting to allow input from everyone concerned. In the event time constraints do not allow for making this change. We have no objection to having this meeting postponed to a later date to accommodate this request. Your consideration of this request will be appreciated by all the residence listed on this attached petition. Please confirm these arrangements can be made. Kind regards Mary Hoch Page 94 of 167 From: Sent: To: Cc: Subject: You don't often get email from Dear Andrew, Mai Ahmed < Thursday, June 26, 2025 8:54 PM Andrew Pinnell Walid Mohiyeldin 157 schweitzer st mailing list Learn why this is important This is Mai Ahmed & WaLid Ibrahim the owners of Kindly include our emails in the mailing list for any updates and further meetings concerning 157 Schweitzer st. development. Thanks in advance Kali IKhalled Ahmed Page 95 of 167 From: Sent: Thursday, June 26, 2025 12:57 PM To: Andrew Pinnell Cc: Ross Huehn; Subject: Fw: Proposed Development of 157 Schweitzer St in Kitchener You don't often get email from . Learn why this is important Andrew Pinnell, Senior Planner City of Kitchener, On Re: Proposed Development of 157 Schweitzer St Dear Sir, I am not in agreement to the current proposed development in my neighbourhood. 1. The retained parcel currently has the front yard and driveway facing Schweitzer St. The existing single detached dwelling is proposed to be retained. The proposal highlights Lark St being the front yard which does not meet the zoning restrictions for both front and rear yard requirements of the retained parcel. 2. 1 have concerns with the (2) accessory buildings in the rear yard of 157 Schweitzer being demolished and excavations taking place without a review of the environmental impact. It is my belief many old cars where stored for many years in the larger building. 3. My house is located on the west side and is a single detached home as per the homes on Lark St currently R-3 zoning. I want to maintain the main character of my established neighbourhood . I am not in agreements to amendments to the rezoning with the front yard and rear yards especially. The proposed lots are not similar to the surrounding area on the west side consisting of all of Lark St. 4. Lark St does not have Storms Drains plus we have high ground water levels. The addition of 3 lots is a serious concern H This has always been a very serious matter as any modification to our ground water levels could lead to our foundations being impacted. When both the sewers were installed and the proposed gravel pit was under consideration city and township planners were well aware of our concerns and planned appropriate actions. It is my understanding that new house construction requires proper storm drains which may not be possible on Lark St. i Page 96 of 167 These are my current concerns and I look forward to the zoom meeting and wil advise any further concerns. Best regards, Karen Huehn Owner Kitchener Page 97 of 167 Pla nnilng Apptlication - 157'Schweiltzer Str�eet Petition to request in person meeting, . ................ Name Address, Signature (P�teasie print) (Pleasie print), IIIIIII III viii ...... . . . ... . . . . .............. LLyurj cHocv-6cwi LLQ 'k I 4acb-bcx-�'--�( I Page 98 of 167 a Planning Application - 157 Sch�weitzer Street Petition to reiqu,est in pers,on meeting Name Address Signature lease pi ri n't) (Please pri�nt)------ owl M a a M I 10go, 0 WIA Page 99 of 167 fanning Application -157 Schweitzer, Street Petition:, to request in person meeting Name Adidress Signature ( Please pry nt) (Please print) Page 100 of 167 &U 1,1111 TV 1 r V 2 1 W � 1, 11 Y d IP,1 From: Rebecca < > Sent: Thursday, June 26, 2025 11:24 PM To: Andrew Pinnell Subject: 157 Schweitzer new build Attachments: Concerns & Comments from 7 Lark Street.pdf [You don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderidentification ] Please read and take into consideration the attached letter from Pat, my elderly neighbour, residing at and next to the proposed new build at 157 Schweitzer. She does not have access to electronic communication. Pat is one of the longest residing residents on Lark Street and is directly affected by the proposed new build. She is one of many of the neighbourhood residents with valid concerns regarding the proposed construction. Thankyou. Page 101 of 167 C a Ml Page 103 of 167 From: Sent: To: Subject: You don't often get email from Tracey Taylor < Thursday, June 26, 2025 8:42 PM Andrew Pinnell Proposed Lark Street development Learn why this is important Please include me in any communication regarding this proposed neighborhood development. Regaird s, I..racey TayU..:xr Page 104 of 167 Storm Drainage The applicant's Engineering Consultant indicates, in its report, that there is a storm sewer on Lark St fronting the subject property. In my 35 years as a municipal engineer, I do not consider the extension of driveway culverts to meet the definition of a proper storm sewer. Drainage (since we moved into this area in 1968) is accomplished, as in rural settings, by shallow ditches and culverts. Over the years, while being responsible for Public Works Operations, I was involved in rectifying problems with respect to substandard drainage on these streets. There are an abundance of sump pumps that discharge as a result of the high water table in the area. Water would often lay in the ditches and stagnate due to the fact that we are at the top of the hill, and there is minimal grade to maintain a steady flow in the ditches. As a result, sections of the open ditch were filled in over the years with culvert pipe to remove the unsightly puddling in the ditch. That is what happened in the case of the culvert pipe that was installed in front of the subject properties abutting 157 Schweitzer Street. This pipe does NOT constitute a proper storm drainage system. This pipe is very shallow and gets filled in by snow and freezes at the Schofield Drive inlet during the winter months. The loss of green space with this proposal; the additional hard surfaces; and the lack of stormwater management facilities in this area will only aggravate future flooding problems on the street. Not to mention the suggested connection of three new sump pumps to a substandard pipe. Misleading Photographs To illustrate our neighbourhood, the Planning Consultant Included pictures of houses on neighbouring streets, even a block away, and did NOT include any photos of the homes adjacent to the subject property on Lark St. Therefore, this is not an accurate example of our "neighbourhood" which we all consider to include the full length of Lark Street and its attachment to Schofield Drive. Official Plan Adherence The current proposal does not recognize the conditions on our street as suggested in the Official Plan below. The Planning Consultant tries to justify this by likening the proposal to z Page 105 of 167 other streets in the neighbourhood such as Daniel Ave and Schweitzer St. We have no relationship with these streets. Nor did any of us purchase homes here so that we could resemble Daniel Avenue. Again, we consider our homogeneous neighbourhood to be Lark Street and Schofield Drive. Introduction of the proposed dwellings facing Lark Street will therefore interfere with the homogenous nature of our enclave. Section 4.C.1.8 a) of the City of Kitchener Official Plan states: "Any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood" Furthermore: Section 4.C.1.8 b) states: "For new buildings in established s, the requested front yard setback should be similar to adjacent properties and support and maintain the character of the existing streetscape and the neighbourhood." Furthermore: Section 4.C.1.8 c) also states "Scale, massing, design and character of adjacent properties in keeping with the character of the streetscape" Therefore, the proposal does NOT respect these suggestions. Proposed Zoning Variances from New Bylaw The MHBC report talks about variances for this project from the new RES -4 bylaw. However, what the residents are concerned about are the major variances from our existing R-3 bylaw. For example, the new bylaw would allow houses to be 1.6 meters closer to the road which is contrary to the foregoing official plan policies. As if the changes by imposition of the new bylaw on our street wasn't bad enough, variances are requested from the proposed bylaw for this project. It is proposed that the minimum Rear Yard Setback which is required at 7.5 m be reduced to 5.0 m for the retained lands and 5.4 m for the proposed lots. For those of us enjoying ample yards on the street, it is difficult to comprehend the major reduction of any usable yard space remaining, particularly for the existing house. Consents Policy 17.E.20.5 requires that Applications for consent to create new lots will only be granted where: "b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas and configurations" Page 106 of 167 The MHBC submission states: "The proposed lots are similar in size to many of the lots in the surrounding area including lots along Schofield Drive, along Schweitzer Street to the west and along Daniel Avenue to the south". It is interesting to note that the comparison of Lark Street is omitted from this comparison. I surmise it is because there are no such similar lots on Lark St. Yet the new dwellings will front on Lark Street. Perhaps that is why photographs of the existing houses on Lark St were omitted from the consultant's presentation. The lots on Lark Street are at least twice as wide as the ones in this proposal. Photographs of the Lark St homes (a more accurate depiction of our neighbourhood) can be found in the recent submission by Julie Sudds and Rebecca Shay of 9 Lark St. Once again, let me reiterate that our neighbourhood comprises Lark St and Schofield Drive and our streetscape is radically different from Schweitzer St or Daniel Ave. Notifications It is our understanding that the city requires a sign to be posted on a property advising of pending zone changes. To the knowledge of myself and my neighbours, no such sign was ever posted. I also heard that some residents did not receive the postcard notification that was sent out by the city. Poorly communicated notice undermines respect for the long-time residents of the area. Regional Municipality of Waterloo - Environmental Site Servicing Questionnaire Incorrect answers were given to this questionnaire. For example answering "no" instead of "unknown" to the question of the presence of a septic tank on the property while the neighbours know that the house was built years before the installation of sewers in the area. There are also concerns about other environmental considerations due to the presence of a vehicle servicing pit in the attached garage. It seems that the applicant was not exactly conscientiously answering the Region's concerns. Conclusions There are numerous other concerns that my neighbours and I have. I have not enumerated these to avoid duplication but I absolutely agree with their concerns with respect to parking, snow removal etc. The homes on Lark Street and Schofield Drive are owner occupied. It was discouraging to learn during the zoom call that the applicant is not even from this community and proposes to use the existing home as a rental property. The value of the existing home will be degraded with this proposal and the substantial loss of green space surrounding it. We are concerned that the three new properties could also be built as income properties, substantially degrading the nature of our neighbourhood. It seems that the applicant is not interested in living in our neighbourhood and maintaining it, but only in the opportunity to gain a profit by obtaining this 4 Page 107 of 167 zone change. Surely the voices of long-standing residents - some of whom have lived here for over 50 years - should take precedence over those of the applicant. It is a fact that our area has developed since incorporation into the City of Kitchener with such amenities as the installation of sanitary sewers in the late 70's. However, we are still lacking amenities such as storm sewers; curb and gutters; and sidewalks. As a result, I do not believe intensification of the nature proposed in this application is as appropriate as it could be in older and other fully serviced areas of Kitchener. For the reasons noted above, as well as my previous comments, I cannot support this proposal. Respectfully submitted, Steve Gyorffy 5 Page 108 of 167 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 8, 2025 SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals, 519-783-8922 PREPARED BY: Arwa Alzoor, Planner, 519-783-8903 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: REPORT NO.: August 13, 2025 DSD -2025-341 SUBJECT: Zoning By-law Amendment Application ZBA25/021/Q/AA Address: 434- 436 Queen Street South Owner: Son Lien Pham RECOMMENDATION: That Zoning By-law Amendment Application ZBA25/021/Q/AA (Son Lien Pham) requesting to amend Zoning By-law 2019-051, for the purpose of changing the zoning of the subject property (434- 436 Queen Street South) from `Existing Use Floodplain Zone (EUF-1)' to `Existing Use Floodplain Zone (EUF-1) with Site Specific Provision (437)', specified and illustrated as the `Subject Area' on Map No. 1, be approved in the form shown in the `Proposed By-law' attached to the Report DSD - 2025 -341 as Attachment `A2' REPORT HIGHLIGHTS: • The purpose of this report is to evaluate and provide a planning recommendation regarding the Zoning By-law Amendment Application (ZBA) for the subject property, to add retail as a permitted use for the property addressed as 434- 436 Queen Street South. It is Development and Housing Approvals staff's recommendation that the ZBA be approved. • The key finding of this report is that retail is an appropriate use of the subject property and staff is recommending approval of the Zoning By-law Amendment Application to add a Site -Specific Provision to add retail as a permitted use in the existing building which is located in the Existing Use Floodplain Zone (EUF-1). • There are no financial implications associated with the Zoning By-law Amendment Application. • Community engagement included a notification that was advertised in The Record on August 15, 2025, in accordance with Council Policy MUN-PLA-1170. • 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 109 of 167 This application was deemed complete on July 18, 2025. The Applicant can appeal these applications for non -decision after October 16, 2025. BACKGROUND: Dan Mairovits, the tenant of the ground -floor unit, has submitted a Zoning By-law Amendment Application to request permission for a "retail use alongside the existing non- residential use" on the ground floor of the subject property. The current use of the unit on the ground floor is a personal service establishment. The subject property also contains two existing residential dwelling units on the second floor. These units are not subject to any changes under this application. According to City records, the front parking area is legal non -conforming. The property is entirely located within the Existing Use Floodplain Zone (EUF-1). This zone is intended to recognize existing uses within a floodway or floodplain. Permitted uses are limited to: • The existing use, • Uses of the same type as the existing use, • Residential uses with the same or fewer dwelling units than currently exist. This restriction is in place to prevent further development due to the flooding hazard. Additionally, under Council Policy MUN-PLA-1170, landowners are permitted to submit a one-time Zoning By-law Amendment Application at no cost to facilitate a change in use or to add an additional permitted use. REPORT: The subject property, municipally addressed as 434- 436 Queen Street South, is located in the Mill Courtland Woodside Park Neighbourhood, south of Courtland Avenue East on Queen Street South. The property backs onto Schneider Creek and is surrounded by lands designated as Existing Floodplain Zone (EUF-1) and Natural Conservation Zone (NHC). Notably, the entire property is situated within the floodplain. Page 110 of 167 Figure 1: Location Map: 434- 436 Queen Street South Figure 2: Front view of the Subject Property (Google Streetview) The site contains an existing two-storey building with a mix of uses: the ground floor is a personal service use, and the second floor contains two residential dwelling units. The building functions as a semi-detached structure, with the adjoining half located on the neighbouring property at 432 Queen Street South. Page 111 of 167 The property is zoned Existing Use Floodplain Zone (EUF-1) in Zoning By-law 2019-051. The EUF-1 Zone permits existing uses to legally continue within the floodplain. Any proposed change in use through a Zoning By-law Amendment should be to a less sensitive use or to one that is similar to the currently permitted uses, in order to align with floodplain management policies. The property owner is proposing a Zoning By-law Amendment to permit retail as a permitted use on the ground floor of the subject property. This proposed use is similar in nature to the historically permitted personal services use and aligns with the existing mixed-use character of the building. No new development, expansion, or physical modifications are proposed to the building or the site. 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, e) The supply, efficient use and conservation of energy and water; 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 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 Provincial Planning Statement, 2024 (PPS) speaks to development adjacent to a river/within a floodplain as is the case with this application. While 5.2.2 notes that Page 112 of 167 development shall generally be directed to areas outside of these hazards, 5.2.8 states that development and site alteration may be permitted in these areas subject to provincial standards, and confirmation that the risks to public safety are minor or could be mitigated. As the applicant is proposing no site alterations at this time, and the use is not changing to a use identified in 5.2.6 (institutional, essential emergency service, or a use associated with the disposal, manufacturing, treatment or storage of hazardous substances), the application is in alignment with the PPS. Planning staff is of the opinion that the proposed application will facilitate the continued use of the ground floor of the existing building for non-residential/commercial uses, and based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS. Regional Official Plan (ROP) The subject lands are designated as `Delineated Built Up Area' in the Regional Official Plan (ROP). The ROP supports the introduction of retail uses within the Delineated Built - Up Area as part of its broader objectives to promote intensification, mixed-use development, and the creation of complete communities. Policies for the Built -Up Area encourage a compact urban form that integrates a variety of land uses, including housing, employment, shopping, and services, in locations well -served by infrastructure and transit. The Region of Waterloo advises that they do not have concerns with the proposed Zoning By-law Amendment Application. City of Kitchener Official Plan (OP) The City of Kitchener OP provides a 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. Urban Structure Urban structure components provide guidance on growth management and structure for the City's urban area. Understanding the organization of the City on a macro level is necessary for directing growth to appropriate locations. The Urban Structure of the subject lands is Green Areas as identified in Map 2 of the Official Plan. The property is located along an existing Transit Corridor on Queen Street and is beyond the boundary of the Urban Growth Centre (Downtown) and the surrounding Protected Major Transit Station Areas. The planned function of green areas is to protect and conserve the ecological functions and features of the surrounding system. within these areas, the land use designation may include Natural Heritage Conservation and Open Space. Land Use Designation The subject lands are designated Natural Heritage Conservation as identified in Map 3 of the Official Plan. As described in Section 15.D.9 of the Official Plan, the primary intent of Page 113 of 167 the Natural Heritage Conservation land use is to protect and conserve natural heritage features and their associated ecological functions. This land use has been applied in this case given its relative distance to Schneider Creek and the identified floodway. Policy 15.D.9.2 g) states that existing legal uses as of the plan's date of adoption are permitted. However as outlined in policy 15.D.9.3, alternatives to existing uses may be permitted through a zoning by-law amendment, provided that the following conditions are met: a) the subsequent use is compatible with the surrounding land use designations; b) no new dwelling units are created; c) the use presents less of a risk to life and property in the event of flooding; d) the new use is not specifically prohibited by the Natural Hazard Policies in Section 6.C.2; and, e) approval is received from the Grand River Conservation Authority. The prohibited uses described in Policy 6.C.2.6 include institutional uses, essential emergency services, land uses associated with the outdoor storage of materials, and uses associated with the disposal, treatment, or storage of hazardous chemicals or substances. The proposed use would not fall under these categories of uses. The site is located within the One Zone Policy Area as shown on Map 7. As such, the entire flood plain is considered the floodway, and no new development or site alterations will be permitted except in accordance with Policy 6.C.2.5 Policy 6.C.2.22 supports the consideration of alternative uses on lands zoned EUF-1 through a Zoning By-law Amendment, provided that the subsequent uses are compatible with the surrounding land use designations, no new dwelling units are created, the use presents less of a risk to life and property in the event of flooding, and approval is received from the Grand River Conservation Authority. Planning Staff are of the opinion that the application conforms to the Official Plan. Requested Zoning By-law Amendment: The subject lands are zoned Existing Use Floodplain (EUF-1) in the Zoning By-law 2019- 051. The purpose of EUF-1 Zone is to recognize existing uses within a floodway or floodplain. The permitted uses within an EUF-1 Zone are restricted to existing uses, the same type of use as the existing use, and/or a dwelling with the same or fewer dwelling units than those which were existing on and continually used since the effective date of the zoning by-law. The current existing uses include personal services on the ground floor and two residential dwelling units on the second floor. Table 14-1: Permitted Uses within the Existing Use Floodplain & Future Use Zones Use EUF-1 Existing uses The same type of use as the existing use J Page 114 of 167 A dwelling with the same or fewer dwelling units than that existing on, and continually used since the effective date of this By-law in a dwelling that was existing on the effective date of this By-law In order to allow the proposed retail use on the ground floor, a Zoning By-law Amendment is required to permit the additional new permitted use. The amendment proposes to add Specific Provision (437) to Zoning By-law 2019-051 to permit retail as a permitted use on the property. Planning Analysis The proposed retail use is compatible with the surrounding land use designations, no new dwelling units are being created, and the use presents less of a risk to life. Accordingly, the Zoning By-law Amendment Application meets Policy 6.C.2.22 and would conform with the Official Plan. As there are currently no proposals for additions, alterations to or replacement of existing buildings, the maximum building floor area, and setbacks set out in the Zoning By-law would not be applied as per Section 14.3 of the Zoning By-law. No other alternative zoning regulations would be required to be added to Site -Specific Provision (437). In addition, the parking rate required for a retail use is the same as the rate for a personal service use, which is a minimum of one (1) parking space for every 33 m2 of Gross Floor Area (GFA). The current parking situation on the property is legal non -conforming. The proposed retail use is not expected to increase flood -related risks to the property nor to its residents, tenants, or customers. It is considered a compatible and appropriate use for the subject property and is consistent with the character of the surrounding neighbourhood. The Grand River Conservation Authority (GRCA) has been directly involved in the review of this application. The GRCA has confirmed that there is no objection to the proposed use of the existing building and lands, as it would not result in additional impacts to flood flows or increase flood risk. Planning staff is of the opinion that the proposed Zoning By-law Amendment Application to add Site Specific Provision (427) will benefit the subject property and the surrounding community. Allowing the requested retail use will permit the applicant to expand on the existing business within the existing building on the subject property. Allowing the requested use is appropriate and compatible for the subject lands and surrounding neighbourhood. Department and Agency Comments: Circulation of the Zoning By-law Amendment Application was undertaken on July 24, 2025, to all applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency. Copies of the comments are found in Attachment `C' of this report. Page 115 of 167 Planning Conclusions In considering the foregoing, staff are supportive of the proposed Zoning By-law Amendment Application to permit the use of retail on the subject lands. Staff is of the opinion that the subject application is consistent with policies of the Provincial Planning Statement, the Regional Official Plan, and the City of Kitchener Official Plan and represents good planning. It is recommended that the application be approved. 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. Notice of the Statutory Public Meeting was also advertised in The Record on August 15, 2025 (a copy of the Notice may be found in Attachment `B'). PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Region of Waterloo Official Plan • City of Kitchener Official Plan 2014 • City of Kitchener Zoning By-law 2019-051 REVIEWED BY: Malone -Wright, Tina —Manager, Development Approvals, Development and Housing Approvals APPROVED BY: Readman, Justin - General Manager, Development Services ATTACHMENTS: Attachment Al - Map No. 1 Attachment A2 - Proposed By-law Attachment B - Newspaper Notice Attachment C - Department and Agency Comments Page 116 of 167 z -- ILL w W z � O Z IN L- Z OZ N rn a ZO Q N 0 a0 O Oof z z Q 0 O a O (n w Li m U) w— Q D W U m OF- Z j d Q ZF zw H w P W WW0-= p� W COQ Q W0 m Zo W W W= 00 F- W aaLLw°� 2 F - z w w w Z W z O w O 10 W U) LU Z Ll N U) i J J z Q 2 Z } w — Q a oaw 0 jJJZ Z J 0 Q w wQ ZZ Q Q w W a 0 OZ w W Z Z— O U) N10� N W O Q Q w LL) W W D w OCf)� N 0 LY i U) Z 0 0 Z LLI w w W Q D— UOUofof(n U O O (D J (n (n J a d w w J Z g D D g w W rwrnaP:w 0 0 D E z of 002 N0 w LuLu X03: w0 ]ZQ-'OJJ� JU N LU N— — N V LA (O N J LL d Z U10� 10� (. (n (n m u m 00 w w ON z 0 0� of� G P V ANJI, i " : U) r R 0 0 F- INQ = J (D U z O OJ 0 0 ILL w l\//X/x> . XX X/�. O o (N 0 z Q f 0000 0 YL a� wax _d E, LL N O m N Q � w } Cc Wz O ~ O z z LULiOQz W N Q La I�X0 Z m �� 0w0LY N j w Z N Q Z w WW0-= z zxa0 W Zo NNUU)0Y W W Q 0 CO LU Iluulll W a� LLu i Lk LU U a 0� J Q 0- L w U o Z O li N O 0 N O U) N w -- p N W p O Q (/) 0 NOTICE OF PUBLIC MEETING for a development in your neighbourhood Concept Drawing Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: September 8, 2025 Location: Council Chambers, Kitchener City Hall 200 King Street West orV'irtual Meeting, Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: wwwAitchenenca/ PlanningApplications or contact: Arwa Alzoor, Planner arwa.alzoor@ kitchener.ca 519.783.8903 The City of Kitchener will consider an application to amend the Zoning By-law to permit a new `Retail' use in one of the two ground floor units of the existing building in the `Existing Use Floodplain Zone (EUF-1)'. Page 118 of 167 nd 11, drninistration Centre: 400 y e fk),c (J, �',(�). bio x /29 (crrr)hrid(ly_,, O)v,I hd 113 `�Vl6 4. Rh4: in(.'°::r PD 62 I 2/0 1 "FoH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 www,grar11C div r.ca Go n Aug 13th, 2025 Arwa Alzoor Planner City of Kitchener 200 King Street West Kitchener ON, N2G 4G7 arwa.alzoor(a)kitchener.ca Dear Arwa Alzoor, Re: Zoning By-law Amendment Application (ZBA25/021/Q/AA) 436 Queen Street South, Kitchener Via email Grand River Conservation Authority (GRCA) staff have reviewed the above -noted application to permit a retail use on the Existing -Use Floodplain (EUF-1) zoned portion of the property. Recommendation The GRCA has no objections to the Zoning By-law Amendment application. Documents Reviewed by Staff • Agency circulation letter (prepared by Arwa Alzoor, dated Aug 1 st, 2025) GRCA Comments GRCA has reviewed this application under the Mandatory Programs and Services Regulation (Ontario Regulation 686/21), including acting on behalf of the Province regarding natural hazards identified in Section 5.2 of the Provincial Planning Statement (PPS, 2024), as a regulatory authority under Ontario Regulation 41/24 and as a public body under the Planning Act as per our CA Board approved policies. Information currently available at our office indicates that the subject lands contain floodplain associated with Schneider Creek. As such, the property is regulated by the GRCA under Ontario Regulation 41/24 — the Prohibited Activities, Exemptions and Permits Regulation. Any future development on the property will require a permit from the GRCA. A copy of GRCA's resource mapping is attached for your reference. I'rrfefni "x'i' Irl 1 r:rr7',t,rv,u hon On :, rio, reprr s,,nting Oi. it,',�i ion's ")5 Ccrns.',,rv,�ilion yr.aCloi� it.ies 11h e (Irair<d A Can adi<m i lr�rit r7.)ra h irfr.:,ir Page 119 of 167 The subject property lies within a Two -Zone Floodplain Policy Area. The floodway is the area of the floodplain that is required to pass the flows of greatest depth and velocity. The flood fringe lies between the floodway and the edge of the floodplain. Depths and velocities of flooding in the flood fringe are much less than those in the floodway. The subject property is located within the floodway. Therefore, future development activity (i.e. additions, accessory structures) would be limited and any applications for development would need to be in conformance with GRCA's Policies for the Administration of Ontario Reaulation 41/24. Consistent with GRCA's 2023-2025 approved fee schedule, this application is considered a minor Zoning Bylaw Amendment, and the applicant will be invoiced $465 for GRCA's review of this application. Should you have any questions, please contact Anab Siraj at (519) 621-2763, ext. 2232. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Planning and Regulations Grand River Conservation Authority Anab Siraj Intermediate Resource Planner Grand River Conservation Authority Encl * GRCA Map CC: Son Lien Pham, owner (Via email) Dan Mairovitz*, agent (Via email) Page 120 of 167 City of Kitchener COMMENT FORM Project Address: 436 Queen St S Application Type: ZBA Comments Of: Policy & Research, Planning and Housing Policy Division Commenter's Name: Mike Balch Email: mike.balch@kitchener.ca Phone: 519-783-8928 Date of Comments: August 8, 2025 ❑ I plan to attend the meeting (questions/concerns/comments for discussion) 0 1 do NOT plan to attend the meeting (no concerns) 1. Site Specific Comments & Issues: The subject property is located along Queen 'St -S; between Schneider Ave and Courland Ave E. the property abuts Schneider's Creek to the south and consists of a mixed use building with personal services use on the main floor and two residential units above. The applicant is proposing to change the permitted use in the commercial space from personal services to retail use. A Zoning By -Law Amendment (ZBA) is proposed to add a permission for retail use on the site. Currently the site is zoned is EUF-1:'existng Use Floodplain, which is intended to allow existing uses within a floodplain, subject to hazard provisions. The applicant is seeking to extend the existing permissions to allow for the new proposed use. Planning Act and the Provincial Planning Statement The Provincial Planning Statement, 2024 (PPS) speaks to development adjacent to a river/within a floodplain as is the case with this application. While 5.2.2 notes that development shall generally be directed to areas outside of these hazards, 5.2.8 states that development and site alteration may be permitted in these areas subject to provincial standards, and confirmation that the risk to public safety are minor or could be mitigated. As the applicant is proposing no site alterations at this time, and the use is not changing to a use identified in 5.2.6 (institutional, essential emergency service, or a use associated with the disposal, A City for Everyone Working Together— Growing Thoughtfully — Building Community Page 122 of 167 manufacturing, treatment or storage of hazardous substances), the application is in alignment with the PPS. City of Kitchener Official Plan and North Ward Secondary Plan Urban Structure Urban structure components provide guidance on growth management and structure for the City's urban area. Understanding the organization of the City on a macro level is necessary for directing growth to appropriate locations. The Urban Structure of the subject lands is Green Areas as identified in Map 2 of the Official Plan. The property is located along an existing Transit Corridor on Queen St and is beyond the boundary of the Urban Growth Centre (Downtown) and the surrounding Protected Major Transit Station Areas. The planned function of green areas is to protect and conserve the ecological functions and features of the surrounding system. within these areas, the land use designation may include Natural Heritage Conservation and Open Space. Land Use Designation The subject lands are designated Natural Heritage Conservation as identified in Map 3 of the Official Plan. As described in section 15.D.9 of the plan, the primary intent of the Natural Heritage Conservation land use is to protect and conserve natural heritage features and their associated ecological functions. This land use has been applied in this case given its relative distance to Schneider Creek and the identified floodway. Policy 15.D.9.2 g) states that existing legal uses as of the plan's date of adoption are permitted. However as outlined in policy 15.D.9.3, alternatives to existing uses may be permitted through a zoning by-law amendment, provided that the following conditions are met: a) the subsequent use is compatible with the surrounding land use designations; b) no new dwelling units are created; c) the use presents less of a risk to life and property in the event of flooding; d) the new use is not specifically prohibited by the Natural Hazard Policies in Section 6.C.2; and, e) approval is received from the Grand River Conservation Authority. The prohibited uses described in 6.C.2.6 include institutional uses, essential emergency services, land uses associated with the outdoor storage of materials, and uses associated with the disposal, treatment, or storage of hazardous chemicals or substances. The proposed use would not fall under these designations. The site is subject to the One Zone Policy Area as shown on Map 7. As such, the entire flood plain will be considered the floodway, and no new development or site alterations will be permitted except in accordance with policy 6.C.2.5 An updated Planning Justification Report will be required that addresses matters including but not limited to: A City for Everyone Working Together— Growing Thoughtfully — Building Community Page 123 of 167 a\ conformity with Provincial policies and plans, particularly Section 5.2.2 of PPS 2024; b) conformity tothe vision, goals, objectives and policies ofthe Official Plan, particularly demonstration of criteria to convert to an alternative use within a natural heritage conservation land use as described in 15D.9.8; c) conformity that no new development is to occur within the One Zone Flood Policy Area, and if any isproposed, conformity topolicy 6I2.S Zoning BV-Iaw 2019-051 / The subject lands are zoned Existing Use Floodplain (EUF-1) in the Zoning By-law 2019-051. The purpose ofEUF-1zone istorecognize existing uses within aOoodwayorfloodplain. � ~/ � The permitted uses within an EUF'1 zone are restricted to existing uses the same type of use as the existing use, and/or a dwelling with the same or fewer dwelling units than those which were existing on and continually used since the effective date ofthe zoning bv'|aw. The current use is mixed-use with personal services onthe ground floor and two residential units onthe second floor. Inorder tmallow the proposed retail use mnthe groundfloor,xxzoning amendment would berequired tmestablish this alternative use. 6norder tmsupport this change, the applicant would need tmmeet the requirements set out /nthe Official Plan, identified above. As there are currently no proposals for additions, alterations to or replacement of existing buildings, the maximum building floor area, and setbacks set out in the zoning by-law would not be applied. - 2. Plans, Studies and Reports to submit as part of a complete Planning Act Application: 0 Planning Justification Study 3. Anticipated Requirements of full Site Plan Approval: Approval of 4. Policies, Standards and Resources: � • Official Plan - City of Kitchener * Zoning bylaw - City of Kitchener-- _ 5. Anticipated Fees: N/A from Policy& Research /4City for Everyone Working Together — Growing Thoughtfully — Building Community Page 124 of 167 Engineering Comments: Good morning Arwa, No engineering concerns with this ZBA. Any questions, please advise. Eric Riek, C.E.T. Project Manager, Development Engineering I Engineering Division] City of Kitchener Transportation comments: Thanks for the additional info! Transportation has no concerns. Stefan Hajgato, P.Eng. (he/him) Transportation Planning Analyst I City of Kitchener 519-783-8957 1 TTY 1-866-969-9994 From: Arwa Alzoor < ii, rani.AlIz oii,@lk tc)eii,)eir.(.> Sent: Wednesday, July 30, 2025 1:17 PM To: Stefan Hajgato <StEi fail-i.l1 IIaUgatoCa 4)l<i t(� Ilicii-IE ill'. a> Subject: RE: Circulation for Comment - 436 Queen Street South (ZBA) They want to introduce a retail use, and the only use permitted in this zone is the existing use Page 125 of 167 14.2 PERMITTED USES wvperson shall, within any snrmnmzone, use mpermit the use many lot; merect, alter muse any building mstructure for any purpose other than those permitted uses within Table 14-1 below. Table 14-1: Permitted Uses within the Existing Use Floodplain & Future Use Zones Currently, the ground floor has a persona Lserviceth at they want to add/ ch a nge it to retail. Both retail and personal service have the same parking rate requirement And the parking situation at the front is Legal non -conforming, there is parking at the back orasphalt, but I'm not sure ifithas any history Services and Retall� Animal Shelter, Artisan's Establishment,Building Material and Decorating Supply Establishment, Convenience Retail; Craftsperson Shop; Financial Establishment, Garden Centre, Nursery, andlor Landscaping Supply, Major Equipment Supply and Seivice� Pawn Establishment, Payday Loan Establishment,, Personal Services� Pet Boarding� Pet Services Estabfishment,Print Shop-, Propane Retail Outlet, Retail, and, Retail of Motor Vehicles and Major Recreational Equipment, Services and Minimurn 1 Retail (see uses parking space No min4nurn 40 M2 GFA 33 nil GFA above) per: City of Kitchener Zoning By-law 2019-051 Planner iDevelopment /& Housing Approvals | City ofKitchener From: Stefan H jg8t0 Page 126 of 167 Existing uses I/ I/ The same type of use as the existing use V A dwelling with the same or fewer dwelling units than that existing on, and continually used since the effective date of this By-law in a dwelling that was existing on the effective date of this By-law Currently, the ground floor has a persona Lserviceth at they want to add/ ch a nge it to retail. Both retail and personal service have the same parking rate requirement And the parking situation at the front is Legal non -conforming, there is parking at the back orasphalt, but I'm not sure ifithas any history Services and Retall� Animal Shelter, Artisan's Establishment,Building Material and Decorating Supply Establishment, Convenience Retail; Craftsperson Shop; Financial Establishment, Garden Centre, Nursery, andlor Landscaping Supply, Major Equipment Supply and Seivice� Pawn Establishment, Payday Loan Establishment,, Personal Services� Pet Boarding� Pet Services Estabfishment,Print Shop-, Propane Retail Outlet, Retail, and, Retail of Motor Vehicles and Major Recreational Equipment, Services and Minimurn 1 Retail (see uses parking space No min4nurn 40 M2 GFA 33 nil GFA above) per: City of Kitchener Zoning By-law 2019-051 Planner iDevelopment /& Housing Approvals | City ofKitchener From: Stefan H jg8t0 Page 126 of 167 To: Arwa Alzoor <Arwa. Izooir( )11dI;,c,1heirneiim.(;a> Subject: Circulation for Comment - 436 Queen Street South (ZBA) Hi Arwa, Just to confirm, are theyjust legalizing their existing use? It didn't sound like theywere changing anything. If nothing is changing, Transportation has no concerns. Thanks, Stefan Hajgato, P.Eng. (he/him) Transportation Planning Analyst I City of Kitchener 519-783-8957 1 TTY 1-866-969-9994 Page 127 of 167 Fire Prevention Comments: No concerns from fire on this one. Thankyou, JenniferArends Fire Prevention Officer I City of Kitchener 519-783-7983 1ic�iciii iiwiicir�1(�Ilcii� INJr it°mss Waterloo Catholic District School Board Comments: Good afternoon, The Waterloo Catholic District School Board has reviewed the subject application and has no comments to add. Thankyou. Kind regards, Isabelle Lung Ler I Planning Technician P 519-578-3677 x 2355 1 c sIt).c Page 128 of 167 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 8, 2025 SUBMITTED BY: Rosa Bustamante, Director of Planning and Housing Policy / City Planner, 519-783-8929 Garett Stevenson, Director of Development and Housing Approvals, 519-783-8922 PREPARED BY: Rosa Bustamante, Director of Planning and Housing Policy / City Planner, 519-783-8929 Natalie Goss, Manager Policy & Research, 519-783-8933 Janine Oosterveld, Manager Customer Experience & Project Management, 519-783-8942 Garett Stevenson, Director of Development and Housing Approvals, 519-783-8922 WARD(S) INVOLVED: All DATE OF REPORT: August 21, 2025 REPORT NO.: DSD -2025-364 SUBJECT: Quarterly Report (Q3) - Planning and Housing Policy Division & Development and Housing Approvals Division - Significant Planning Applications, Policy Projects, Affordable Housing Projects, and Housing Pledge Update RECOMMENDATION: For information. REPORT HIGHLIGHTS: The purpose of this report is to provide an update on 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, and 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 16,141 dwelling units (46.1% of housing pledge), Planning staff have issued final site plan approval for 5,362 dwelling units and building staff have issued building permits for 6,985 dwelling units. o Six initiatives associated with the Housing Accelerator Fund (HAF) have received a Council decision: Growing Together West and Growing Together East, Inclusionary Zoning, Enabling 4 Units, the Affordable Rental and Co-op Housing Incentives Pilot *** 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 167 Program, and endorsement of the land transaction to donate a City -owned parcel at River Road and Ottawa Street North for affordable owner -occupied units. The City has also acquired land in the downtown to construct a mixed use site with a fire station and a residential component. In June, 2025, the City completed a Housing Needs Assessment which is one of the HAF initiatives and a requirement of the HAF program. The remaining initiatives are underway with various milestones anticipated over the coming months. The City is currently developing an Affordable Housing Community Improvement Plan that will bring a range of affordable and missing -middle housing types to the housing market by surmounting the financial barriers that stand in the way of financial feasibility. o The Affordable Rental and Co-op Housing Incentives Pilot Program has awarded $2.06 million in funding among eight projects to date. 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 and preparation 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, and future quarterly reports, include 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 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 was awarded $42.4 million, payable in 4 annual installments, as part of the Federal government's Housing Accelerator Fund to help deliver more affordable housing in our community. An additional initiative was approved by the Federal Government in March 2025 awarding Kitchener an additional $4.24 million. Ten action plan initiatives are part of Kitchener's Housing Accelerator Fund and they include the delivery of: Page 130 of 167 • 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; • A housing needs assessment; and, • Affordable Housing Community Improvement Plan Attachment B provides a description of each initiative, status, next steps and target completion. Major Planning Projects There are currently 10 planning projects underway or that have been recently completed spanning a wide range of topics. These include: • High Performance Development Standards • Housing for All implementation/ Housing for All 2.0 • Kitchener 2051 - New Official Plan • Review of Provincial legislation, policies and plans • Tree Conservation Tools Review • Urban Design Manual Review • Growing Together (Major Transit Station Area) Planning Framework review — East MTSAs • Inclusionary Zoning • Dundee Secondary Plan 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 the 2025 current projects that include affordable housing, that are either under review, have 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 2025 (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). In January 2025, the province amended Ontario Regulation 73/23 introducing new reporting requirements, including a new quarterly summary report (as per Schedule 4 of the regulation) which is required to be posted and maintained on a municipality's website for five years. The City's quarterly report data includes the following development application types: • Official Plan Amendments, • Zoning By-law Amendments, Page 131 of 167 • 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 withdrawal, date of decision, date of adoption/passing, date of registration, number of suggested future residential units/lots); • 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 Q2 2025 quarterly planning data report to the Province is 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 132 of 167 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 (Q3 2025) Attachment B — Housing Accelerator Fund Projects (Q3 2025) Attachment C — Significant Planning Projects (Q3 2025) Attachment D — Affordable Housing and Significant Streamlining Projects (Q3 2025) Attachment E — Provincial O. Reg 73/23 Q2 2025 Quarterly Planning Data Report Page 133 of 167 Attachment A — Significant Planning Applications Quarterly Report (Q3 2025) Current Significant Development Applications Subdivision (SA), Official Plan Amendment (OPA), Zoning By-law Amendment (ZBA) WARD 1 26 STANLEY AVENUE & 31 SCHWEITZER STREET Proposal: A Draft Plan of Vacant Land Condominium to develop the vacant lands containing 62 semi- detached and 51 townhouse dwelling units. Each dwelling unit area will have a garage and driveway and there are 47 surface visitor parking spaces. Surface parking, amenity area, and private roadway comprise the common element areas. File Number: 30CDM-24215 Description: A vacant land plan of condominium consisting of semi- detached and townhouse dwellings. Application Type: CD Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA21/19/S/BB Description: To rezone the lands from R-4 and R-5 in By-law 85-1 to RES -5 in By-law 2019-051. 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. October 15, 2024 Owner: Newo Holdings Limited Applicant: GSP Group Inc. Update Since Last Quarterly Report: The subdivision application was withdrawn and a vacant land plan of condominium is now proposed. A second Neighbourhood Meeting was held on October 15, 2024 outlining the revised proposal. Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting. 1014 VICTORIA ST N Proposal: The existing building (former Home Hardware) is proposed to be modified to accommodate a funeral home and crematorium use. File Number: ZBA25/012/V/ES Description: A zoning by-law amendment is proposed to add the crematorium as a permitted use. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Eric Schneider Neighbourhood Meeting Date: TBD Owner: Erb & Good Family Funeral Applicant: MHBC PLANNING LTD Home Limited Update Since Last Quarterly Report: This application has been circulated and Planning staff are accepting and reviewing comments. Page 134 of 167 WARD 3 808 & 836 COURTLAND AVE E Proposal: A mixed-use development containing 3 high-rise residential towers (22, 27 and 30 storeys), situated on a shared podium (977 dwelling units). The podium contains commercial uses (532.1 m2). 509 parking spaces and 733 bicycle parking spaces are proposed. File Number: OPA24/011/C/AP Description: The Official Plan Amendment is proposing the change the land use designation from Commercial and General Industrial Employment to High Density Residential with a Site Specific Policy to permit a Floor Space Ratio of 7.0. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA24/023/C/AP Description: The Zoning By-law Amendment proposes to change the zoning from C-6, 1 R, 73R, 76U & M-2, 29R (By-law 85-1) to RES -7 with a Site Specific Provision to permit restaurant and retail use, reduce certain setbacks, allow a Floor Space Ratio of 7.0, increase the maximum building height to 102.6 metres / 30 storeys, and add certain design -related regulations (By-law 2019-051). Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Eric Schneider Neighbourhood Meeting Date: October 23, 2024 Owner: 808 Courtland GP Inc. Applicant: Zehr Group Update Since Last Quarterly Report: This application has been circulated and Planning staff are resolving comments with the Ministry of Transportation related to transportation. Page 135 of 167 WARD 4 1388 NEW DUNDEE RD Proposal: The proposal is to increase the maximum permitted density of the subject lands through a site- specific Official Plan Amendment and Zoning Bylaw Amendment. The requests specifically apply to maximum height and floor space ratio permissions. The amendments apply to 12 parcels of land within the Stauffer Woods/Harvest Park subdivision (30T-08203). File Number: OPA25/002/N/ES Description: To change the land use designated to Medium Rise Residential for Stage 4, Block 95; Stage 5, Block 12; Stage 6, Block 4; Stage 6, Block 5; Stage 9, Block 14; Stage 9, Block 15; and Stage 9, Block 17. To permit a maximum FSR of 2.5 and a maximum height of 10 storeys or 32 metres for Block 5, Stage 6. To permit a maximum floor space ratio of 4.0, a maximum building height of 68 metres for Stage 10, Block 1 and 2. To permit educational establishments to be permitted in accordance with Section 15.D.7 for Stage 8, Block 2. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA25/005/N/ES Description: To amend Site-specific provisions established through the original zoning to be applicable to the RES -6 zone and the uses permitted within the RES -6 zone. To amend the zoning of Stage 6, Block 5 from RES -5 to RES -6 site-specific provisions to permit an FSR of 2.5 and a height of 10 -storeys. To amend the zoning of Stage 9, Block 16 by adding new site-specific provisions to permit an FSR of 1.0. To amend the zoning of Stage 10, Blocks 1 and 2 only by adding site-specific provisions to permit a maximum FSR of 4.0, a maximum height of 68 metres or 22 -storeys, and establish a minimum non-residential gross floor area proportionate to the number of dwelling units provided. This minimum rate would be calculated as 1 square metre of non-residential gross floor area per multiple dwelling unit where fewer than 1,000 multiple dwelling units are proposed, and 2 square metres of non-residential gross floor area per multiple dwelling unit where 1,000 or more multiple dwelling units are proposed. The existing maximum gross floor area of 3,250 square metres would remain. To amend the zoning of Stage 8, Block to add site-specific provision to permit Daycare Facilities, and Elementary Schools. In August 2025, a requested was received to amend Zoning Bylaw Amendment Application ZBA25/005/N/ES to seek permissions in Stage 6 to permit a maximum of six (6) attached dwelling units (street townhouse dwellings) for Block 1 (four blocks of six units, 24 units total), Bock 2 (two blocks of six units, one block of five units, and one block of four units, 21 units total), and Block 3 (two blocks of six units and one block of four units, 16 units total). The request also proposed a reduced exterior lot width for street townhouse dwellings of 8.1 metres, rather than 10.0 metres. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Eric Schneider Neighbourhood Meeting Date: April 16, 2025 Owner: Activa Holdings Inc. Applicant: MHBC PLANNING LTD Update Since Last Quarterly Report: This is a new application and is under review. Detailed engineering review is ongoing to determined servicing implications of the proposed amendments. Page 136 of 167 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 (13- 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 137 of 167 1340 FISCHER HALLMAN ROAD Proposal: The proposal is to develop the lands with a mixed-use development consisting of office, commercial and multiple residential uses. File Number: OPA25/003/F/TS Description: To amend the Official Plan to permit an increase in maximum height to 22 storeys. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA25/006/F/TS Description: Amendments to the Zoning By-law are proposed to change the zoning from `Restricted Business Park Zone' (B-2) with Special Use Provision 221 U, to `Mixed Use Three' (MIX -3), `Medium Rise Residential Six Zone' (RES -6), `Recreation' (OSR-1) and `Open Space: Stormwater Management' (OSR-3). Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: 30T-25201 Description: The proposal is to develop the lands with a mixed-use development consisting of office, commercial and multiple residential uses. The following blocks are proposed within the Subdivision: Block 1 — Multiple Residential (3.244 ha) — 194-648 units Block 2 — Mixed Use (1.367 ha) — 136-546 Units Block 3 — Mixed Use (1.624 ha) — 162-649 Units Block 4 — Mixed Use (1.729 ha) — 172-691 Units Block 5 — Mixed Use (0.450 ha) — 45-180 Units Block 6 — Park (0.662 ha) Block 7 — Stormwater Management Facility (1.254 ha) Block 8 — Open Space (0.050 ha) Block 9 — 0.3m Reserve 0.002 ha Application Type: SA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Tim Se ler Neighbourhood Meeting Date: April 23, 2025 Owner: Activa Holdings Inc. Applicant: MHBC PLANNING LTD Update Since Last Quarterly Report: This is a new application and is under review. Page 138 of 167 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 139 of 167 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: An Ontario land Tribunal hearing was held April 22 — May 2, 2025 and staff are awaiting a final decision. 20 VICTORIA MARIE COURT VICTORIA COMMON Proposal: The final phase of the `Victoria Common' development, consisting of 3 towers, with building heights of 21, 33, and 35 storeys (maximum 110m). The proposal would add approximately 1,151 dwelling units, ranging from studios to 3 -bedroom units. A Floor Space Ratio of 5.21 is proposed for the subject lands, which would result in 2.0 FSR for the overall development. An outdoor, linear amenity space of approximately 1,737m2 is proposed, along with 1,747m2 of indoor amenity space across the subject lands. Predominantly underground parking is proposed. File Number: OPA25/001/V/AP Description: To amend the existing Specific Policy Area that applies to the subject lands. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: Description: To amend the existing Site Specific Provision that applies to the subject lands Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Andrew Pinnell Neighbourhood Meeting Date: March 25, 2025 Owner: i2 Developments (Victoria Applicant: MHBC PLANNING LTD Common) Inc. Update Since Last Quarterly Report: A neighbourhood information meeting was held on March 25, 2025. A revised submission is anticipated and a second neighbourhood information meeting to be held prior to Council consideration of the this application. Page 140 of 167 WARD 10 — NEW APPLICATION 5 HILL STREET Proposal: File Number: OPA25/007/H/TS Description: The Application seeks a site-specific Official Plan Amendment to redesignate the Site to High Rise Residential with a Site -Specific Policy to permit a maximum Floor Spare Ratio of 6.1. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA25/015/H/TS Description: The Application seeks a Zoning By-law Amendment to rezone the Site to a Site -Specific High Rise Residential Seven in Zoning By-law 2019-051 with Site -Specific Provisions to increase the maximum Floor Space Ratio to 6.1, to increase the Maximum Building Height to 120.4 metres, to reduce the outdoor amenity area to permit 8,650.0 square metres, and to permit an on-site parking rate of 0.9 spaces per unit and 0.094 spaces per unit for visitor parking. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Tim Seyler Neighbourhood Meeting Date: June 30, 2025 Owner: Hogg Fuel and Supply LTD. Applicant: GSP Group Inc. Update Since Last Quarterly Report: A neighbourhood information meeting was held on March 25, 2025. This application has been circulated and Planning staff are accepting and reviewing comments. Page 141 of 167 Attachment B — Housing Accelerator Fund Projects Current Housing Accelerator Fund Projects Quarter 3, 2025 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 be used as part of the Build Now Initiative and achieve at least 63 launched in June 2024. The first 8 projects have been approved units for affordable home ownership. totalling 206 units, with $2.06M now allocated. Staff hosted a webinar In late 2024, Council agreed to lease a parcel of land on Wellington in June to raise awareness of the program to ensure continued Street to a non-profit housing provider. Next Steps: Staff plan to bring a report to Council on the land lease decision in There is currently 1 application in progress. 032025. 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 formally IN PROGRESS launched in June 2024. The first 8 projects have been approved totalling 206 units, with $2.06M now allocated. Staff hosted a webinar in June to raise awareness of the program to ensure continued uptake for the program. Next Steps. There is currently 1 application in progress. Project Lead: Target Completion: Oluseyi Ojurongbe — 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 which is now in effect. With the support of the Housing Accelerator Fund, a staff working team undertook an implementation strategy that included streamlining processes, and fall education and awareness campaign that included a Guide to Addition Dwelling Units coupled with a social media campaign, information webinars and a pop-up Planning and Building service counter at the Kitchener Farmers Market. The Guide and webinar are available on the City's website: „Iklitclrieirieir..ca/Alf'.)Us Next Steps: This project is now complete. Staff will continue to monitor building permit applications and seek ways to support uptake of these units through streamlining processes and public education and awareness. Project Lead: Completed in Q3 2024(including post -decision implementation Page 142 of 167 Enabling 4 Units Katie Anderl — Project Manager 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 satisfy the IN PROGRESS criteria for affordable housing projects. Next Steps: Staff continue to explore potential land acquisition opportunities. Project Lead: Target Completion: Ongoing Rosa Bustamante — Director of Planning and Housing Policy Climate Adaptation Plan Description: This initiative includes 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: As part of the Official Plan project, the consultants have completed IN PROGRESS the background study. Next Steps: The background study will be used to inform climate adaptation 2025. policies for Kitchener's new Official Plan. Project Lead: Target Completion: Q2 2026 Janine Oosterveld — Manager, Oluseyi Ojurongbe — Project Manager Customer Experience and Project Project Lead: Management Lucas Van Meer -Mass — Senior Housing Needs Assessment Description: This initiative includes 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 Housing Needs Assessment is nearing completion and is COMPLETE targeted to be available on the Kitchener 2051 engage page in June Next Steps: 2025. Next Steps: The Housing Needs Assessment will be used to inform housing Project Leads: policies for Kitchener's new Official Plan as well as Housing for All Oluseyi Ojurongbe — Project Manager 2.0. The Housing Needs Assessment was completed in June 2025. Project Lead: Completed in Q2 2025 Lucas Van Meer -Mass — Senior Planner(Housing) Affordable Housing Community Improvement Plan new initiative Description: This initiative includes the preparation of a Community Improvement Plan for the City of Kitchener that will bring a range of affordable and missing -middle housing types to the housing market by surmounting the financial barriers that stand in the way of financial feasibility. Current Status: Program options are currently being evaluated and engagement IN PROGRESS planning initiated. Next Steps: Staff will be preparing a draft program to prepare for formal public engagement in the fall. Project Leads: Target Completion: Q4 2026 Oluseyi Ojurongbe — Project Manager (Planning) Elyssa Pompa - Planner WARD 1 — There are no Ward 1 specific projects at this time. Page 143 of 167 WARD 2 — There are no Ward 2 specific projects at this time. WARD 3 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: On May 5` Council approved Official Plan and Zoning By-law COMPLETE amendments to update land use and zoning for Kitchener's Block Line, Fairway, and Sportsworld PMTSAs. A notice of decision was issued and the appeal period is ongoing. Next Steps. None. Project Lead: COMPLETE Adam Clark — Senior Urban Designer (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: Staff are in the preliminary stages of an updated economic IN PROGRESS assessment to inform potential refinements on specific inclusionary zoning parameter. Next Steps. A report to Council is targeted for December 2025. Project Leads: Target Completion: Q4, 2025 (report back per Council's direction Elyssa Pompa - Planner beyond HAF initiative) *This initiative also applies to the Protected Major Transit Station Areas in Wards 9 and 10 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 — The Growing Together West initiative was completed in March 2024. Page 144 of 167 Attachment C — Significant Planning Projects (Q3 2025) CITY WIDE High Performance Development Standards Description: Establish a harmonized high performance development standard for new development, partnering with municipalities in Waterloo Region, under the leadership of WR Community Energy. Current Status: ONGOING Staff are currently evaluating the implications of Bill 17 on the project. Next Steps. See above. Project Lead: Target Completion: 2025 Janine Oosterveld, Manager Customer Experience & Project Management Housing for All Implementation/Housing for All 2.0 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 The 2025 Housing Needs Assessment is complete and being used to inform new Official Plan policies and the next iteration of Housing for All (Housing for All 2.0). Early work on Housing for All 2.0 has commenced. Based on Council's direction in June 2025, Housing for All 2.0 will included continued relationship building and preparation of education materials in the space of evictions. Next Steps. Continued advancement of Housing for All 2.0. Project Lead: Target Completion: 2025+ for Housing for All implementation. Lucas Van Meer -Maas Partial Housing Accelerator Fund Initiative - Kitchener 2051 - 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: All the technical supporting studies for the new Official Plan have ONGOING been completed. Consultation on approaches to growth, big ideas and draft policy directions occurred throughout the spring. Dialogue has continued with Indigenous rights holders. A preferred approach to growth was endorsed by Council to continue to advance the next stages of Kitchener 2051. Next Steps: . Engagement on a draft new Official Plan. • Continued dialogue with Indigenous rights holders. • Continuation of a speaker's series. 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 Proposed updates to the "Projection Methodology Guideline" that supports the implementation of the Provincial Planning Statement was released on August 12 for comment. Staff are currently reviewing this technical guidance document. Project Lead: Target Completion: N/A Planning Management Team Page 145 of 167 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: Updates on Kitchener's Public Tree By-law are now in effect. Staff ONGOING continue to review the tree conservation tools that can and do apply to private properties. Next Steps: Conversations with the community and collaborators about the tools available to and currently used by Kitchener are planned for Q3/Q4 2025. Updates to private tree tools is expected to be presented to Council in Q4 2025 or early 2026. Project Leads: Target Completion: 2025/2026 Carrie Musselman/Barbara Steiner — Senior Environmental Planner 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: PAUSED Internal review of existing standards to understand opportunities for COMPLETE improvement. Next Steps: Draft updates to urban design standards and stakeholder engagement. Project Lead: Target Completion: Post Kitchener 2051 TBD decision. 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 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: On May 5` Council approved Official Plan and Zoning By-law COMPLETE amendments to update land use and zoning for Kitchener's Block Line, Fairway, and Sportsworld PMTSAs. A notice of decision was issued on the zoning by-law amendment. One appeal was received. The Official Plan amendment is currently with the Province for decision. Next Steps: Providing support as needed to the Province for a decision on the Official Plan amendment. Project Lead: COMPLETE Adam Clark — Senior Urban Designer Architecture & Urban Form Page 146 of 167 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: Staff are in the preliminary stages of an updated economic IN PROGRESS assessment, with the support of consultants, to inform potential refinements onspecific inclusionary zoning parameters. Next Steps. A report to Council is targeted for December 2025. Project Leads: Target Completion: Q4, 2025 (report back per Council's direction Elyssa Pompa - Planner beyond HAF initiative) *This initiative also applies to the Protected Major Transit Station Areas in Wards 9 and 10 WARD 4 and WARD 5 Dundee Secondary Plan 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 The land use scenarios are being evaluated and a preferred alternative selected that will inform the drafting of a Dundee Secondary Plan. Next Steps: • Continued dialogue with Indigenous rights holders. • Community conversations on a preferred land use scenario • Continued Secondary Plan drafting Project Leads: Target Completion: Q1 2026 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. WARD 9 — There are no Ward 9 specific projects at this time. WARD 10 — There are no Ward 10 specific projects at this time. Page 147 of 167 Attachment D — Affordable Housing and Projects to Streamline Approvals (Q3 2025) 2025 Active Affordable Housing Development Status Address and Total Units Affordable Status City incentives applicant Units 83-97 Victoria St N, 44 44 Under construction Project manager The Working Centre Planning and building application fees waived 82 Wilson Ave, 123 32 (net Under construction Planning and building Region of Waterloo (existing) increase) application fees waived 49 Queen St N, 41 41 Under construction Planning and building Indwell Community application fees waived Homes and St. Peter's Lutheran Church 137 Queen St S, 57 21 Clearing conditions of Project manager St Paul's Lutheran site plan approval, Planning and building Church shoring permit issued, application fees waived Committee of Adjustment application approved 210 Duke St E, 100 40 Under construction Project manager Knossos Housing Planning and building a lication fees waived 47 Charles St. E 172 172 Under construction Project manager House of Friendship Planning and building application fees waived; NFP Affordable Rental and Co-op Housing Incentive 15-105 Mooregate 378 378 Clearing conditions of Project manager Cres site plan approval, Planning and building Region of Waterloo Committee of application fees waived Adjustment application approved 878 Frederick St 18 18 Under construction Planning and building KW Habilitation application fees waived; Services NFP Affordable Rental and Co-op Housing Incentive 59 Franklin St N 55 22 Site Plan approval NFP Affordable Rental Eleven Housing Corp. granted, building permit and Co-op Housing pending Incentive 667 Victoria St S 30 30 Site Plan application Project manager Thresholds Homes and conditional approval — Planning and building Supports clearing conditions, application fees waived; committee of NFP Affordable Rental adjustment application and Co-op Housing approved Incentive 1035 Ottawa St N 71 71 Committee of Project manager, HAF Habitat for Humanity Adjustment application City property donation approved 887 Frederick St 20 20 Site Plan conditional Project manager Beyond Housing approval granted, Planning and building clearing conditions of application fees waived; Page 148 of 167 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 Review module to allow external agencies to provide comments and sign -offs under development. Next Steps: Final phase with public portal integration to be completed in 2025. Project Lead: Tanya Roberts, Project Manager (Planning) Completion date: Q4 2025 Page 149 of 167 approval, committee of NFP Affordable Rental adjustment application and Co-op Housing approved Incentive 132 Fairway Road N 26 26 Official Plan and Zoning Project manager Eleven Housing Corp. Bylaw Amendment Planning and building recommended for application fees waived; approval by PSIC, Site NFP Affordable Rental Plan application under and Co-op Housing review Incentive 475 Lancaster St W, 3 3 Site plan under review Planning and building Union Community to add 3 affordable units application fees waived; Housing to the existing housing NFP Affordable Rental complex and Co-op Housing Incentive Total New Units: 1,015 918 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 Review module to allow external agencies to provide comments and sign -offs under development. Next Steps: Final phase with public portal integration to be completed in 2025. Project Lead: Tanya Roberts, Project Manager (Planning) Completion date: Q4 2025 Page 149 of 167 ti c0 0 0 LO a� c� lo _ - ( \I(„ (\\\\/\\\((\(\\j(}\\}\(((\)\\\(\\(/ \\ \\\ \ \ \ \\\\\\\\\\\\\\\\\\\j\jj............ jj I - Q0 0 N LO I D _ � \\ \ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\ \{ }}\}}\)}\}\}}}}}})}\}}}}}}}}}}}}}\\}}\}\)\))\\})(}}\}\}\}\}\}}}\ LLZ i73Ze 2:z 221.2 fKz: _= n,: §.{} }/} ,:\ : ,.),:!!_ l{ ;(\)\)\}\;i)}(4\\\n!§ }( \})/)(\\)(}){\\\]|}))){j(\))}}}/}\(}}|])}\j)}}\\/}(})(\\i)§ ti c0 0 ti LO a� M n I - Q0 0 00 LO I D _ n \ / } \ /\ ) - _ - - f ) 2 - \ \\ }\} \ \\\ \\\ \\\\\\ \\\\ \\ \ \ \\ \ \\ \\\\\\ \ \ \\E\\\6 E 16 Ag \/\ 'i )E ){) }_ -!§\)} _ \ \\\\\\ }\\ \\\\\}\\\\\\\\\ }\ } \ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\ Staff Report J IKgc.;i' r� R Financial Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 8, 2025 SUBMITTED BY: Katie Fischer, Director of Financial Reporting & ERP Solutions, 519-904- 9354 PREPARED BY: Katie Fischer, Director of Financial Reporting & ERP Solutions, 519-904- 9354 WARD(S) INVOLVED: All Wards DATE OF REPORT: August 20, 2025 REPORT NO.: FIN -2025-372 SUBJECT: Recent Changes to Development Charges RECOMMENDATION: For information. REPORT HIGHLIGHTS: • The purpose of this report is to provide an update regarding the initial impacts to the City's development charges (DCs) and related processes resulting from Bill 17, Protect Ontario by Building Faster and Smarter Act, 2025. • The key finding of this report is that the introduction of DC deferral to occupancy for all residential developments will have significant impacts to the City's DC cashflow and revenue forecast. Additionally, it will add additional administrative work to process, track and collect the deferred DCs. • The financial implications are that the deferral of collecting DCs will result in significantly less DC revenues over the initial deferral period. • 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. BACKGROUND: Development charges are fees imposed on developments to fund growth -related capital costs. They traditionally followed a principle that "growth pays for growth", where the financial burden of constructing new infrastructure needed to support development and intensification is not borne by existing taxpayers but is factored into the cost of the new development. Per the City's most recent DC background study completed in 2022, to effectively support the growth -related capital plan the City should collect approximately $38 million in DC revenues per year, although *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 159 of 167 actual DC collections has been less due in part to legislative discounts and exemptions in recent years. On May 12, 2025, the province introduced an omnibus bill, Bill 17 — Protect Ontario by Building Faster and Smarter Act, 2025, to amend various Acts with respect to infrastructure, housing and transit including the Development Charges Act, 1997. Bill 17 received Royal Assent on June 5, 2025. City of Kitchener staff provided comments, as outlined in Attachment A, prior to the bill receiving royal assent. The changes to the Development Charges Act (DCA) include: Deferral of development charges (DCs) for residential developments to occupancy: Previously, only rental housing developments and institutional developments were eligible for DC deferrals (and these have only been in place since 2019 when Bill 108, More Homes, More Choice Act, 2019 was enacted). With these changes under Bill 17, all residential developments (ranging from single detached homes to condo - developments) are eligible for DC deferrals payable at occupancy instead of at building permit issuance. This new deferral comes into effect on a date yet to be named by the Province at the time of writing this report. Rental housing developments and institutional developments will continue to be deferred with payments occurring over 6 annual installments beginning at occupancy (compared to non -rentals which are payable in full at occupancy), as is existing practice. Removal of interest on deferrals / instalments: Previously, the City charged interest at a rate of Prime + 1 % on all DC deferrals for rentals and institutional deferrals, as was provided under the DCA. Removal of this ability results in an annual loss of revenues of $650,000. Additionally, it is anticipated to increase the number of developers choosing the deferral program given it acts similar to an interest-free loan, which will further impact the City's timing of cashflows on DC revenues. Exemption for long-term care homes: Long-term care homes are classed as "institutional developments" and pay DCs based on the non-residential per square footage rate; they were previously eligible for the institutional DC deferral with payments occurring over 6 annual installments beginning at occupancy. With Bill 17, these are now fully DC exempt, to support and incentivize the building of needed long-term care beds. For the City of Kitchener, this results in an immediate reversal of $162,378 in DCs that were previously in deferral for a long-term care development. Regulation -making authority to impose limits on eligible capital costs, define local services, and prescribe benefit -to -existing ratios, as well as standardize DC background studies and annual reporting requirements: The stated objective is to simplify and standardize DC -related components that can vary from one municipality to another. No regulations have been released at present time and will be assessed if and when they become available, as they could have a range of impacts from minimal to major changes in terms of what can be funded from DCs. Page 160 of 167 Simplified DC by-law amendment process: Municipalities are enabled to make changes that only have the effect of reducing DCs without having to amend or undertake a new background study, hold public consultations, etc. REPORT: The deferral of DCs for residential developments to occupancy will have major impacts to 1) the City's cashflow critical to funding housing -enabling infrastructure, and 2) the City's administrative functions in processing, tracking and collecting DC deferrals. The impacts of each are described below. Cashflow Impacts The City anticipates a waiting period ranging from six months to two years as developments progress from building permit issuance to occupancy stage, with minimal DC revenues collected during this waiting period. This pause in collection on residential developments could result in a reduction of $50-60 million in revenues over the next two years. During this waiting period, Kitchener will still need to rely on its DC reserves to fund housing - enabling infrastructure. Presently, Kitchener's DC reserve funds have an overall negative balance as shown in the graph below. Prior to Bill 17, the City's negative DC reserve funds were expected to return to a positive position within the 10 -year capital forecast period. However, with the enactment of this Bill, the DC reserve funds are now projected to remain negative beyond the 10 -year forecast even with an anticipated $199 million in DC -supported debt forecasted from 2024 to 2028. $40,000,000 5210,10100,0010 $0 ($20,000,000) ($40,000,000) ($00,000,000) ,($80,000,000) ,($100,000,000) D C R, e, s, e, im e Fw a iri d IP r oJ le ct i lo s 21025 2026: 2027 2028, 20,29 20,;':310, 2031 2032 2033 2034 F: c,i ir e ca st. IBS F..,F rir e IB Iii III III °.l 7' Forecast Page 161 of 167 Additionally, with the elimination of interest on rental DC deferrals, the City anticipates more rental developments will opt to defer their DCs over the 6 years following occupancy which will further negatively impact the City's DC cashflow in the coming years. Prior to Bill 17, nearly half of the rental housing developments that the City has had since 2019 have elected to pay early. It is anticipated that with a 0% interest rate, most developers will opt for the deferral in the future as it operates similar to an interest-free loan. Within the existing DC deferral framework for rental residential developments effective since 2019, the City has experienced challenges in collecting DCs owed on the annual installments. These payments start at the time building occupancy is granted, and therefore the City does not have the ability to withhold a permit to ensure collection. This has resulted $4.8 million (reflecting both the City and Regional DC portions, as the City is responsible for collecting both DCs and property taxes on behalf of the Region) of uncollectible DCs that have now been transferred to the associated property tax rolls to attempt collection there. Additionally, the efforts to work towards collection from the developers on the deferrals adds to the administrative work of staff. With the increase in deferrals anticipated, these uncollectible balances — as well as the effort to track and attempt collection — are anticipated to increase. DC Collections Administrative Processes The deferral of municipal DCs to occupancy on all residential developments adds to the administrative work associated with building permits and occupancy permits and the collection of DCs. There are now 3 distinct collection time periods for DCs: 1) Building permit issuance: o Education (school boards) DCs are distinct and governed separately from municipal DCs, as part of the Education Act, R.S.O. 1990. The Province has not modified the collection of these DCs and they remain payable at building permit issuance for all development types. o Non-residential DCs (i.e. commercial, industrial; with the exclusion of institutional) remain payable at building permit issuance. Note that there can be multi -residential developments that also include a commercial space (e.g. on the ground floor), with the commercial component payable at building permit issuance even while the residential component is deferred. o Prior to 2019, all DCs were payable at building permit issuance. 2) Six annual installments beginning at occupancy: o In 2019, the Province introduced "DC deferrals" for rental residential and institutional developments (as well as nonprofit housing, but these were later made fully exempt). These deferrals are payable in six equal annual installments (over a period of 5 years) beginning at occupancy. 3) Occupancy permit, paid in full: o With Bill 17, all remaining residential developments (i.e. not meeting the definitional of rental housing development) are now payable in full at occupancy permit. This is an entirely new trigger timeline associated with DCs and new process required for collection. Page 162 of 167 Historically, the work associated with calculating and collecting DCs has been done at building permit issuance. The shift to DC deferrals does not move the administrative efforts away from building permit, as the full efforts remain in place at that time to calculate, communicate, and collect some DCs at building permit: • The City still must coordinate DC certification with the Region of Waterloo and both the Public and Catholic school boards at building permit application. • The City is still required to collect education DCs and non-residential DCs at that time. • The municipalities (City and Region) are required under financial reporting rules to record the necessary receivable for tracking the deferred DCs. • The City is required to communicate to the developer their deferred DC obligation and payment terms. DC deferral adds new administrative processes to track the receivables, communicate with developers, issue invoices at occupancy permits (and annual installments thereafter where applicable), and follow through on collection. Staff are working on defining new processes and changes needed to systems to support this work. Once defined, staff resources that may be required to administer the new DC deferral and occupancy permit processes will be handled using temporary resources until the full impact and scope of work is well refined over time. 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: The deferral of collecting DCs will result in significantly less DC revenues over the initial deferral period. This may necessitate an increase in grant funding from the Provincial or Federal governments to mitigate impacts, potential deferral of growth capital projects, increased debt, and/or increased DC rates. Staff will continue to monitor the City's DC revenues, reserve funds, and DC -funded capital projects. Additionally, with the City's DC by-law expiring in June 2027, a new DC background study is planned to commence in 2026, which will include a detailed analysis on the City's DC rates, capital project forecast, and reserve funds. It is anticipated that the additional DC deferrals to occupancy will require more administrative resources to track, process, invoices, collect, and to avoid any delayed occupancy issues. In the more immediate term, resources that may be required to administer the new DC deferral and occupancy permit processes will be handled using temporary resources until the full impact and scope of work is well refined over time. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. Page 163 of 167 PREVIOUS REPORTS/AUTHORITIES: • Development Charges By -Law, 2022-071 • Development Charges Act, 1997 APPROVED BY: Jonathan Lautenbach, Chief Financial Officer ATTACHMENTS: Attachment A — Submission to Province's Proposal 25-MMAH003 Changes to the Development Charges Act, 1997 to Simplify and Standardize the Development Charge (DC) Framework Page 164 of 167 June 5, 2025 Attn: Ministry of Municipal Affairs and Housing Re: Changes to the Development Charges Act, 1997 to Simplify and Standardize the Development Charge (DC) Framework Proposal Number: 25-MMAH003 The City of Kitchener is committed to fostering an affordable, livable, and welcoming community. Recognizing the ongoing housing crisis, Kitchener remains dedicated to working with the Province of Ontario to develop effective solutions. The city is focused on expediting the construction of new homes and infrastructure to address this issue. Kitchener continues to be a provincial leader in streamlining development processes, consistently meeting all legislated planning timelines since 2023. Kitchener appreciates the opportunityto offer feedback as the province begins implementing the proposed provisions of Bill 17. It is crucial for municipalities, who are directly impacted, to be continuously consulted during this process. Similarly, we look forward to providing further feedback as the province develops development charges (DC) regulations pertaining to prescribing benefit to existing rates, defining local services, and reviewing capital cost inclusions. In the context of this consultation, the citywould like to highlight three primary concerns regarding the deferral of residential DC payments to the occupancy stage. These concerns pertain to cash flow implications, increased administrative burden, and legal and enforcement clarity. Cash Flow Implications In light of Bill 17, Kitchener anticipates collecting minimal DC revenues for one to two years as developments progress towards occupancy. This could result in a reduction of $50-60 million in revenue over the first two years. During this waiting period, Kitchener relies on its annual reserves to fund housing -enabling infrastructure. Presently, Kitchener's DC reserve funds have an overall negative balance. Prior to Bill 17, the city's negative DC reserve funds were expected to return to a positive position within the 10 -year capital forecast period. However, with the enactment of this bill, the DC reserve funds are now projected to remain negative beyond the 10 -year forecast even with an anticipated $194 million in DC -supported debt forecasted from 2024 to 2028. This scenario will have negative impacts on the city, requiring reprioritization and delay of key capital infrastructure projects. It may also result in the accrual of additional debt. Page 165 of 167 Furthermore, there could be an increase in development charges to mitigate the impact, and potentially, a shift in growth costs to existing taxpayers and ratepayers to maintain balanced finances. Kitchener has experienced a rise in rental housing construction in recent years. Following changes implemented by Bill 23, some developers of rental units have elected to pay early while others use the rental deferral program currently in place under the DCA. Making these deferrals interest-free may lead to a greater number of developers opting to defer payment, further exacerbating the city's cash flow impact. The loss of interest income from the current deferral program has an annual revenue impact of $650,000. Administrative Impact The deferral of residential DC payments from building permit issuance to occupancy will require significant enhancements to administrative procedures, systems, and staffing. Municipalities will need to develop robust systems and processes capable of monitoring the status of deferred payments and generating alerts for unpaid DCs ahead of occupancy approval. Furthermore, additional personnel may be required to manage these processes effectively, conduct reviews, and enforce compliance. This administrative expansion may lead to increased operational costs, further straining municipal budgets already impacted by reduced DC cash flow. Legal and Enforcement Clarity Prior to the enforcement of this provision, a mechanism is needed to deny occupancy until DC payment is received is vital. Without clear regulations to ensure payment of DCs, municipalities are left in a precarious position. Establishing well-defined legal and enforcement mechanisms is essential to uphold accountability and ensure that DC payments are collected at the appropriate stage. These regulations should outline the legal framework within which municipalities can operate, providing clarity on their rights and responsibilities when DC payments are deferred. This may include implementing a formal procedure for notifying developers of outstanding DC obligations prior to occupancy approval, as well as creating penalties or interest charges for late payments to discourage deferrals without valid cause. Additionally, the ability to hold securities through the deferral period on any development types — not limited to those where occupancy permits do not apply—would help ensure that future Page 166 of 167 homeowners are not left paying through their property tax roll for DCs that a developer failed to remit. It is important to recognize that a mechanism granting legal authority via the Building Code for municipalities to condition the issuance of occupancy permits on the payment of development charges could place undue pressure on municipal building officials and may not be an effective solution. The introduction of such mechanisms would safeguard municipal budgets against the financial instability caused by DC collection challenges, ensuring that infrastructure projects vital to housing development are not further jeopardized or delayed. Addressing this gap in enforcement clarity is a pivotal step toward achieving a balanced and equitable implementation of Bill 17. Final Remarks The City of Kitchener recognizes the immense importance of provincial partnership in addressing the housing crisis. While the city remains committed to accelerating development approval processes to get housing built faster, Kitchener urges the province to consider the financial and administrative impacts that Bill 17 poses related to delaying DCs from building permit to occupancy. As a partner in progress, Kitchener reiterates its dedication to being a steadfast ally in fostering affordable and livable communities. However, it stresses that this partnership must be supported by thoughtful measures that accelerate the delivery of housing and infrastructure projects, while also safeguarding municipal budgets from undue strain. Page 167 of 167