HomeMy WebLinkAboutCouncil Minutes - 2001-08-27COUNCIL MINUTES
AUGUST 27 , 2001CITY OF KITCHENER
The Council of the City of Kitchener met this date with all members present except Councillor G.
Lorentz.
The meeting began with the singing of “O Canada” by Carrie Schultz, King School of Vocal.
On motion by Councillor J. Ziegler, the minutes of the regular meeting held July 3, 2001, and special
meetings held July 3 & 26 and August 13 2001, as mailed to the Mayor and Councillors, were
accepted.
COMMUNICATION REFERRED DIRECTLY TO FILE
(a)Letter dated July 11, 2001 from Hon. Elizabeth Witmer acknowledging receipt of Council’s
endorsement of a City of Ottawa resolution regarding use of City rights-of-ways by
telecommunications, gas and electrical utility companies and the charging of user fees in this
regard.
(b)Letter dated August 7, 2001 from Ted Arnott, MPP – Waterloo-Wellington, regarding a motion
passed by Waterloo Regional Council requesting that the Province of Ontario permit
municipalities in the Region to pass their own traffic by-laws.
(c)Letter dated August 14, 2001 from Lori Johnstone, Senior Advisor, Office of the Secretary of
State (Amateur Sport), acknowledging receipt of Council’s resolution supporting the initiative of
the City of Montréal entitled ‘Sports for All: For Joint Action and Improved Access to
Resources’.
Mr. L. Gordon, Manager of Purchasing, attended with respect to the tenders listed on the Committee
of the Whole agenda.
Moved by Councillor J. Ziegler
Seconded by Councillor C. Weylie
Canadian Meter Co.
“That Tender T01-084, Supply of Domestic Gas Meters, be awarded to
Ltd., Milton, Ontario
at their tendered price of $170,992.50, plus G.S.T and P.S.T.”
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Ontario Police Supplies,
“That Tender T01-062, Fire Department Uniforms, be awarded to
Hanover, Ontario
at their tendered price of $97,389., plus G.S.T. and P.S.T.”
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“That Tender T01-096, Supply, Install & Maintain Crystal Enterprise – Version 8.0, be awarded
APOS Systems Inc., Cambridge, Ontario
to at their tendered prices of $60,689., plus G.S.T.
and P.S.T.”
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“That Expression of Interest E01-056, Consultant Services – Central Maintenance Facility and
Giffels Associates Limited, Waterloo
Yards Storage Study, be awarded to at their estimated
fee of $71,000., plus G.S.T., based on a satisfactory contract being negotiated and an upset
fee being established; and further, that the Mayor and City Clerk be authorized to execute an
agreement satisfactory to the City Solicitor.”
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“That Expression of Interest E01-092, Prequalification of General Contractors – Doon Valley
Golf Course Expansion, be approved and that the following list of General Contractors be
issued tender packages for the project:
Bruce S. Evans Limited (Evans Golf & Landscapes) – Bracebridge
Gateman Milloy Inc. – Kitchener
T.D.I. International Inc. – Guelph
Ontario Greens (Woodstock) Ltd. – Woodstock.
”
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AUGUST 27, 2001278CITY OF KITCHENER
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“That the tendering process be waived and that Council award the project’s electrical work to
Kearsley Electric Limited, Waterloo
at their negotiated price of $16,000., plus G.S.T., and
Acapulco
that the balance of the work (mechanical, plumbing and painting) be awarded to
Pools, Kitchener
at their negotiated price of $47,993., plus G.S.T.”
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Nith Valley Construction
“That Tender T01-087, Forest Heights Pool Addition, be awarded to
Ltd., New Hamburg
at their tendered price of $1,418,563., including G.S.T., plus pool filtration
system upgrade of $6,848., including G.S.T., exterior work, sodding, landscaping, asphalt
paving, sidewalks and relocation of existing services of $100,285.75, including G.S.T., fire
hydrant at $26,464.31, including G.S.T., link between existing pool and library of $26,215.,
including G.S.T., less changes and substitutions and reductions of testing and contingencies of
$42,800., including G.S.T.”
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Gateman Milloy
“That Tender T01-103, Budd Park Soccer Field Expansion, be awarded to
Inc., Kitchener
at their tendered price of $668,748.22, including G.S.T., less $35,929.,
including G.S.T., for the provisional item to supply topsoil.”
Carried.
Mr. Larry Rue attended on behalf of Kitchener Minor Soccer to present a cheque for $100,000. to the
City representing the first installment payment of a $425,000. commitment toward the cost of a
$750,000. project to add four soccer fields at Budd Park. This undertaking was described in
Community Services Department report CSD-01-142, dated August 23, 2001, wherein it was noted
that Budd Canada was providing the land for the soccer field expansion on a lease basis at no cost,
Kitchener Minor Soccer was providing $425,000. and the City of Kitchener providing $325,000.
Mayor C. Zehr received the cheque on behalf of the City and commented on the exceptional level of
volunteer support and commitment that the organization exhibited. Councillor B. Vrbanovic
suggested Council formally approve the Association’s repayment schedule as set out in the staff
report.
Moved by Councillor B. Vrbanovic
Seconded by Councillor J. Smola
“That Council approve the $425,000. commitment by Kitchener Minor Soccer to the City of
Kitchener in respect to the soccer field expansion project at Budd Park and the schedule of
repayments which conclude December 31, 2002, as outlined in Community Services
Department report CSD-01-142.”
Carried.
Mr. Clare Pomeroy, Director of Fleet, attended to make a presentation concerning details of the new
Toyota Prius hybrid gas/electric vehicle which was recently purchased by the City. He explained how
the engine of the vehicle operates and noted that it was environmentally friendly and classed as an
ultra-low emission vehicle., Mr. Pomeroy pointed out that Fleet staff were continuously looking at
innovative technology and expressed appreciation to Council for the opportunity to utilize this vehicle.
Mayor C. Zehr pointed out that Ms. Aleda Burrett, Chair of the Green Transportation Sub-Committee
had planned to attend the meeting to present information concerning the benefits of using such hybrid
vehicles as the Toyota Prius.
Dr. John Tibbitts, President, Conestoga College attended to request Council endorsement of the
College’s initiative to transform itself into a Polytechnical Institute. In support of the request, he
presented a lengthy overhead PowerPoint presentation outlining numerous issues that support the
rationale for the College to become a Polytechnical Institute. Dr. Tibbitts advised that a business plan
for this initiative was being prepared and formal community support was required. In response to
questioning, he noted that approximately ten colleges from across Ontario would apply for this status
but that the Province would likely grant only two – four of these requests.
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Moved by Councillor B. Vrbanovic
Seconded by Councillor M. Galloway
“WHEREAS the Provincial Government is going to pass legislation in the Autumn of 2001 to
permit some Colleges to transform to Polytechnical Status;
AND WHEREAS the area served by Conestoga College is a natural choice due to:
·
Rapid demographic growth
·
Strong economic base
·
And growth in automated manufacturing and information technology would be enhanced by
the applied degrees;
AND WHEREAS Conestoga College is the number one College in Ontario for three
consecutive years on the Government’s Key Performance Indicators;
AND WHEREAS Conestoga College is one of two Colleges in Ontario Certified ISO 9001;
AND WHEREAS there is a strong student demand for a Conestoga education;
AND WHEREAS Conestoga is undersized compared to other colleges regarding the
population of its catchment area;
THEREFORE BE IT RESOLVED THAT Kitchener City Council endorses Conestoga College in
its bid to become a Polytechnical Institute.”
Carried.
Messrs. Jaime Chicas and Michael Toyroyntzas attended in support of the Committee of Adjustment
recommendations listed under Item B.8 of the Committee of the Whole agenda this date in regard to
their respective fence and sign variance applications.
Moved by Councillor C. Weylie
Seconded by Councillor B. Vrbanovic
“That Council ratify and confirm the July 17, 2001 decisions of the Committee of Adjustment
recommending approval of:
·
Submission No. FN 2001-008 - Jaime & Sandra Chicas (177 Windflower Drive)
·
Submission No. SG 2001-008 - Michael Toyroyntzas, 1368308 Ontario Inc., (155
Breckenridge Dr.).”
Carried.
Mr. Christian Kaudewitz attended in regard to a proposed group home at 23 Floyd Street. He
questioned why the home would be permitted in that location, particularly since the driveway of 23
Floyd Street abuts the driveway of the home next door at 25 Floyd Street and thus has no buffer
zone. Mr. Kaudewitz circulated photographs illustrating the driveways and proximity of the group
home to the adjacent dwelling. He also expressed concern that the City has only two criteria
regulating group homes, being zoning and a 400 metre distance separation requirement whereas the
Province had extensive requirements. He commented on a matter involving an earlier addition to the
property that did not meet zoning regulations and advised this had been brought to the attention of
several City staff. Mr. Kaudewitz suggested that where a group home is contemplated, policies be
established that require maintaining the privacy of adjacent properties, an up-to-date property survey
and a neighbourhood public notification process and asked that Council address these issues and
advise him of any proposed changes.
Councillor J. Smola requested staff review existing group home locational policy and address the
issues raised by Mr. Kaudewitz. He acknowledged that there should have been more open
communication by the proponent of the Floyd Street group home at an earlier point in the process.
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Moved by Councillor J. Smola
Seconded by Councillor J. Ziegler
“That the Department of Development & Technical Services document problems regarding
establishment of the group home at 23 Floyd Street, review existing locational policy of group
homes and prepare a report for consideration at the October 29, 2001 Development &
Technical Services Committee meeting.”
Carried.
Mr. Peyman Jabari appeared as a delegation with respect to property tax arrears at 19 King Street
East and 598 Belmont Avenue West. He noted that it had taken over one year to get necessary
municipal approvals with respect to these properties and requested an accommodation by the City
with respect to the tax arrears and in particular the accumulated penalty and interest charges.
Mayor C. Zehr referenced the City’s policy in this regard and pointed out that it must be applied
uniformly. Councillor M. Galloway noted that he had received an inquiry from Mr. Jabari while he was
Acting Mayor and had referred him to Financial Services Department officials. Mayor C. Zehr
requested that Mr. Jabari arrange a meeting with Ms. P. Houston to discuss this matter.
Council considered Development & Technical Services Department addendum report BPS-01-109,
dated August 24, 2001, and attachments prepared as a compilation of August 13, 2001 Planning and
Economic Development Committee changes to the New Commercial Policy Structure (MP
01/01/TC/LM) and proposed zoning by-laws that were considered at the Committee meeting within
reports BPS-01-095 and BPS-01-119.
Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning, attended in regard to Clause 5
(New Commercial Policy Structure) of the Planning and Economic Development Committee report
arising from its August 13, 2001 meeting.
Councillor J. Ziegler disclosed a pecuniary interest and abstained from all discussion respecting the
Arterial Commercial Corridor designation within the new Commercial Policy Structure, as he owns
property on King Street East. Councillor Ziegler did state that Mr. P. Britton, MacNaughton Hermsen
Britton Clarkson Planning, would represent his interests as a property owner in respect to this matter.
Mr. Britton expressed appreciation to staff for their work since the August 13, 2001 Committee
meeting and noted all of his concerns had been satisfied except for one issue. He tabled a copy of
his August 27, 2001 correspondence addressed to L. Masseo referring to his understanding that the
new Arterial Commercial policies can be interpreted to permit the same range of uses as in the
existing Service Commercial (C-6) zoning. For the record, he advised that concerns with respect to
the land holdings of Clarica had been addressed; however, he gave notice that he had not had an
opportunity to consult with his client. He referred to the concern raised by Mr. B. Hermsen at the
August 13, 2001 Committee meeting respecting property rights at 171 and 177 Victoria Street North
and requested a special policy be considered to allow a maximum floor space ratio (FSR) of 2 to
continue. Ms. C. Ladd responded that the request was unnecessary and pointed out there are a
number of properties with densities that could be different in future. She noted that the policy still
permits an FSR of 2 but Mr. Britton’s request had more to do with ensuring that zoning remains
unchanged. Further, she pointed out that a number of concerns had been raised in regard to zoning
rights; i.e. densities. Mr. Britton indicated he was uncomfortable with staff assurance they could give
personal direction in respect to specific properties in future.
Mr. Vern Martin attended on behalf of the Pinegrove / Grand Hill neighbourhoods with regard to
Clause 5 of the Planning and Economic Development Committee report and commented on the
consultation process to date emphasizing that residents did not oppose the intent of the new
Commercial Policy Amendment. He commented that the related implementing zoning may have a
number of negative adverse effects on adjacent residential areas and pointed out that nothing in the
Policy protects the neighbourhood with the result being conflict in future between the Municipal Plan
and the Zoning By-law. Accordingly, he asked that provision be made for residents to be consulted
early in any re-zoning process and the Commercial Policy include a public participation policy.
Mr. Bill Thomson attended to present an undated written submission on behalf of the Pinegrove
Neighbourhood Association. He emphasized the importance of involving the public in this matter
given possible negative adverse impacts as a result of future implementing zoning by-laws of the new
Commercial Policies. He recommended that the protection for residents had to be in the Municipal
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AUGUST 27, 2001281CITY OF KITCHENER
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Plan and suggested a public participation policy be added to the Municipal Plan Amendment
providing for staff and residents to develop a mutually acceptable policy in this regard that could be
taken forward as a modification to the Amendment at the Regional level.
Mr. Bob McColl attended representing the Grand Hill Village Association and the Pinegrove
Community Association and distributed a submission dated August 27, 2001. His concern related to
the Gateway Commercial Plaza which is adjacent to approximately 40 residential dwellings that pre-
date the plaza. He read his correspondence referencing earlier planning decisions and pointed out
that it was crucial that the buffer zone of smaller commercial properties on the south side of King
Street East be maintained to buffer abutting residential from the more intense commercial uses on the
north side of King Street East. Accordingly, Mr. McColl requested that the buffer zone on the south
side of King Street East be temporarily deferred from the Municipal Plan Amendment in order to
permit staff and residents to develop a mutually beneficial designation that maintains the intent of the
1986 Secondary Plan. Finally, he expressed sincere appreciation for the assistance he had received
from Councillor J. Ziegler, Ms. C. Ladd and Mr. L. Masseo.
Mr. Paul Puopolo, Planning & Engineering Initiatives Limited, attended on behalf of the TuLane
property, 4500 King Street East, to advise of his support for the Municipal Plan Amendment and
noted that the requested deferral did not affect his client’s lands.
Councillor C. Weylie put forward a motion to adopt Clause 5 of the Planning and Economic
Development Committee report represented by the recommendations outlined in report BPS-01-109
which form a comprehensive compilation of changes as directed in the resolution approved at the
August 13, 2001 Planning and Economic Development Committee meeting. Councillor J. Ziegler
seconded the motion excepting matters relating to the Arterial Commercial Corridor designation which
were seconded by Councillor B. Vrbanovic because of the pecuniary interest previously disclosed by
Councillor J. Ziegler in this regard.
Council dealt with the floor space ratio (FSR) request of Mr. P. Britton and on motion by Councillor C.
Weylie, seconded by Councillor B. Vrbanovic, it was agreed to amend report Clause 5.A of the
Municipal Plan Amendment recommendation to provide for maintaining a maximum FSR of 2 in
respect to future re-zonings of the block in which 171 and 177 Victoria Street North were situated.
Councillor C. Weylie indicated she would propose a motion addressing the request for a policy in the
Amendment providing for public participation. Mr. B. Stanley commented on his concerns in this
regard related to site plan approval. Councillor J. Ziegler pointed out that the residents were
requesting a city-wide policy. Ms. C. Ladd suggested this issue could be discussed with the
neighbourhood and wording could be incorporated as a Policy requiring issues to be addressed at the
design stage. Following further discussion, Ms. Ladd noted there was a staff committee that reviews
site plans which a neighbourhood association representative could attend and suggested staff
consider such an approach.
On motion by Councillor C. Weylie, seconded by Councillor J. Ziegler, it was agreed to amend report
Clause 5.A of the Municipal Plan Amendment recommendation by adding a requirement to develop
and incorporate a new city-wide policy that provides for public participation and consultation
respecting site plan considerations.
The deferral request of the Pinegrove / Grand Hill Village residents was then dealt with.
On motion by Councillor J. Ziegler, seconded by Councillor C. Weylie, it was agreed to defer from
report Clause 5.A the Municipal Plan Amendment; the existing ‘Service Commercial’ designation
proposed to be ‘Planned Commercial Campus’ on the south side of King Street East abutting the
Pinegrove and Grand Hill Village neighbourhoods so as to allow for additional consultation with
neighbourhood residents.
Councillor J. Ziegler advised that Councillor G. Lorentz had requested he raise two concerns on his
behalf. Firstly, that the phrase ‘a limited amount of’ be deleted from report Clause 5.F in respect to
the parking requirement issue where HEPC lands were involved. On motion by Councillor J. Ziegler,
seconded by Councillor C. Weylie, it was agreed to amend Clause 5.F as requested by Councillor G.
Lorentz. Secondly, Councillor J. Ziegler advised that Councillor G. Lorentz had requested the phrase
‘of the entire development’ be added to the end of Clause 3 ii) b) of the proposed Gateway Park
Zoning By-law. After some discussion of the request and comment by staff, Councillor B. Vrbanovic
pointed out that the requested addition serves to clarify the issue. On motion by Councillor J. Ziegler,
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seconded by Councillor B. Vrbanovic, it was agreed to amend report Clause 5.B in respect to Clause
3 ii) b) of the proposed by-law as requested by Councillor Lorentz.
Moved by Councillor C. Weylie
Seconded by Councillor J. Ziegler
“That Clause 5 of the Planning and Economic Development Committee report be amended to
add the following as a new Section G as follows:
‘That pursuant to Section 34(17) of the Planning Act, City Council deems the
recommended changes to the Proposed Zoning By-law for Zone Change Application ZC
01/12/TC/CL made at Planning and Economic Development Committee on August 13,
2001 and at City Council on August 27, 2001 to be minor and has determined that
further notification is not required.’”
Carried.
Clause 5 of the Planning and Economic Development Committee report incorporating the
recommendations from report BPS-01109, as amended this date, was then considered.
Moved by Councillor C. Weylie
Seconded by Councillor J. Ziegler
“That Clause 5, excluding Section A, of the Planning and Economic Development Committee
report (meeting of August 13, 2001), as amended, be adopted.”
Carried.
Moved by Councillor C. Weylie
Seconded by Councillor B. Vrbanovic
“That Clause 5.A of the Planning and Economic Development Committee report (meeting of
August 13, 2001), as amended, be adopted.”
Carried.
Councillor J. Ziegler previously disclosed a pecuniary interest and abstained from all discussion and
voting respecting the Arterial Commercial Corridor designation within Clause 5.A of the report as he
owns property on King Street East.
A delegation attended to express concerns regarding the operations of a massage parlour business
located at Unit 4, 103 Courtland Avenue.
Mr. Les Dowling attended the meeting for the purpose of posing the following questions to City
Council:
·
have the goals with regard to the sale of box seats within the Kitchener Auditorium been attained?
·
was the Forsyth building being sold or what was happening to the proposed development?
·
what is the cost and who is responsible for the parking lot being developed at the intersection of
King Street West and Victoria Street South?
Mayor C. Zehr advised that when Council dealt with the renovation plans for the Kitchener Memorial
Auditorium, one of the conditions of approval was that the proposal for box seats be financially self
sustaining. Mr. F. Pizzuto pointed out that a commitment had been made that 75% of the boxes be
sold before approval of any construction and confirmed that to date nine boxes have been sold.
Mayor Zehr advised that discussions were ongoing with the developer of the Forsyth property and
that it was proposed a mix project be developed with 50 of 65 units being condominiums and the
balance rental units. In respect to the King Street / Victoria Street parking lot, Mr. F. Pizzuto advised
that the cost of the project was $440,000. and would have a payback over a three-year period from
revenues generated. Further, he noted that the parking lot was considered to be an interim use only
of the property.
Council was in receipt of Development & Technical Services Department report BPS-01-110 dated
August 22, 2001 (rezoning to prohibit certain industrial uses in the inner City), and attached proposed
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zoning by-law dated August 21, 2001, which was prepared as a follow-up to the July 26, 2001
Planning and Economic Development Committee meeting at which time the Committee considered
report BPS-01-094 and deferred and referred the Zone Change Application for consideration this
date. Members of Council were also in receipt of Development & Technical Services Department
report BPS-01-093 which was incorrectly dated August 2, 2001 instead of August 22, 2001. This
report discusses the General Environmental Group (GEG) business use of 90 Woodside Avenue to
remediate contaminated soil. Council was also in receipt of correspondence from the Ministry of the
Environment requesting comment on whether the proposal for 90 Woodside Avenue should be
subject to an Environmental Assessment.
Ms. Miriam Sokvitne attended in regard to the Planning and Economic Development Committee
deferral report arising from the July 26, 2001 Committee meeting and the proposal to use 90
Woodside Avenue for recycling contaminated soils. She commented on the history of the property
and the immediate residential area surrounding it. Ms. Sokvitne pointed out that, in the past, pollution
was generated from the property but questioned why the proposed project could not be stopped given
the knowledge that exists today about all forms of pollution. It was her view that it was ludicrous to
prolong the current situation based on an industrial development decision made almost 100 years
ago.
Ms. Heather Thomson attended on behalf of Concerned Citizens For Neighbourhood Preservation
(CCFNP) in opposition to the GEG rezoning. She advised her group has concern about language
within the proposed zoning by-law, was opposed to an exemption for GEG within the by-law and
requests no special uses be permitted that involve heavy industrial use. She summarized the
activities of residents as they considered the GEG proposal, gathered a petition containing 8,200
signatures opposing the proposal and prepared a report. Ms. Thomson commented that the report
BPS-01-093 was very complete and that her group fully endorses it. In summary, she suggested the
Ministry of the Environment will now ‘hear’ the citizens concerns as a result of Kitchener Council’s
support of staff’s report.
Mr. Michael Melling, Davies Howe, Partners, appeared representing GEG along with Mr. Bob Glover,
President of GEG, who was also in attendance. He advised that his client opposes both the zone
change application and the recommendation in report BPS-01-093 requesting an Environmental
Assessment. In reference to the proposed zoning by-law which his clients oppose, he advised that
the goal of the company was to remediate soils on the lands to a residential standard through interim
use that would clean imported soils. However, he advised that if the company had to incur the cost of
a full Environmental Assessment, the only business option remaining would be to clean-up the site to
industrial standards for industrial use. He commented that: the existing zoning permitted their
proposed use and the proposed by-law was unfair; the proposal was future oriented as it would clean-
up past industrial contamination and that passing the by-law would send a message to industry that
they were not welcome in Kitchener.
Mr. Melling commented that the request for an Environmental Assessment was totally unnecessary
as hazardous waste material was not being brought to the site and that the Environmental
Assessment process would only result in delay of clean-up of the site. In summary, he again asked
that Council not adopt the proposed by-law and not support the Environmental Assessment request.
Councillor B. Vrbanovic commented that he was concerned and disturbed by the arguments
advanced by Mr. Melling. Councillor Vrbanovic pointed out that both the City and residents have
continually tried to obtain information about the GEG proposal on the subject lands which GEG
officials have refused and questioned why the firm took that position. Mr. Melling responded that his
client was in possession of material that legally could not be disclosed to third parties and his client
would be sued if disclosure took place.
Councillor B. Vrbanovic commented that the City had a responsibility to review permitted uses under
the zoning by-law and periodically undertake changes to the by-law in response to Mr. Melling’s
earlier remark that the proposed by-law was unfair to GEG. Following further comment by Councillor
B. Vrbanovic, Mr. Melling again repeated their refusal to provide environmental information about the
property that, in his opionion, is irrelevant. Mayor C. Zehr objected to Mr. Melling’s earlier suggestion
about a message regarding downzoning being sent to industry. Mayor Zehr stated that the
downzoning statement was an unfair one to make and suggested that if the company had fully
disclosed information, the normal consultation process usually results in concerns being worked out.
Mayor Zehr referred to Mr. Melling’s comments that information requested was totally irrelevant to the
proposal and questioned what the harm would be if the company acted in a forthright manner and
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supplied the information as such action would provide a comfort level with respect to the proposed
use. Mr. Melling again maintained the company would be sued if it released the information. After
Mr. Melling refused to disclose the name of the party that sold the Woodside property to GEG,
Councillor B. Vrbanovic advised that a search of the Land Registry office found it was Canadian
Blower & Forge. Mayor C. Zehr commented it was exactly that type of refusal to share information
that had caused such anxiety within the community. In response to Councillor B. Vrbanovic, Mr.
Melling advised that his client would not permit the City to enter onto the 90 Woodside Avenue
property to test soils.
Mr. Glen Bender attended in regard to the Planning and Economic Development Committee deferral
report arising from the July 26, 2001 Committee meeting, representing the North Ward Association.
He pointed out that almost all industrial sites in the North Ward Secondary Plan can only be accessed
through residential areas resulting in them being affected by noise and fumes from both the
manufacturing activity and related trucking. He commented that the proposed by-law addresses
important issues and asked that the City prevent industrial encroachment into residential areas. In
response to Councillor C. Weylie, Mr. Bender advised that he agreed with the prohibitions in the
proposed by-law.
Mr. Raj Nandakumar attended further to his presentation at the July 26, 2001 Planning and Economic
Development Committee meeting to comment on use of the word recycling within the proposed
zoning by-law. He suggested there was a need to be aware of potential conflicts relative to
definitions being utilized in the by-law as they relate to references pertaining to hazardous and
contaminated materials. He strongly recommended that staff work with the Standards Branch of the
Ministry of the Environment in this regard and not rely on dictionaries for such definitions.
In response to Councillor B. Vrbanovic, Ms. L. MacDonald commented that definitions within the
Environment Act were too complicated and the approach of staff was to keep definitions broad but at
the same time seek outside assistance.
Councillor C. Weylie read aloud the recommendation contained in report BPS-01-110 which replaces
the recommendation in report BPS-01-094 considered at the July 26, 2001 Planning and Economic
Development Committee meeting. A motion by Councillor C. Weylie, seconded by Councillor B.
Vrbanovic, was put forward to approve the new recommendation as Clause 1 of the Committee
report.
Mayor C. Zehr referred to a 2-year reference in the zoning by-law to permit the use of 90 Woodside
Avenue. However, he noted that the timing should relate to the impact of the Environmental
Assessment request. Councillor J. Ziegler stated that there was a strong possibility of an
Environmental Assessment and given that Mr. B. Glover had previously indicated the site could be
cleaned up in three years, the proposed by-law be revised to allow the use for three years instead of
two years. This by-law revision was accepted as a friendly amendment by the mover and seconder
of the motion.
Councillor B. Vrbanovic commented it was his view that the GEG proposal was not a compatible use
within the neighbourhood and that following a review of the City’s Zoning By-law, Council was now
considering a by-law revision that respects the rights of all property owners. It was his view the
Woodside property requires an Environmental Assessment to confirm if the site is contaminated.
Councillor B. Vrbanovic referenced the secretive nature and unwillingness of the property owner to
share information that has frustrated the community and expressed hope that the Environmental
Assessment will be granted, but commented that if it was not, the re-zoning would provide tolerable
use of the property for a limited time.
1.Moved by Councillor C. Weylie
Seconded by Councillor B. Vrbanovic
“That the report of the Planning and Economic Development Committee (meeting of July 26,
2001) be revised by substituting the July 26, 2001 deferral recommendation with the
recommendation in report BPS-01-110 and be adopted, as revised this date with respect to
Clause 9 of the proposed by-law so as to change the words hazardous, toxic and
contaminated materials to non-hazardous, non-toxic and contaminated soils; and to change
the temporary use period from 2 years to 3 years.”
Carried Unanimously.
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Councillor C. Weylie read aloud the recommendation in Development & Technical Services
Department report BPS-01-093 dealing with the GEG proposal. It was noted that wording with
respect to B (i) of the recommendation was required as a result of Council’s action in regard to the
zone change as it relates to 90 Woodside Avenue. It was suggested that item B (i) read ‘that the
Ministry’s Certificates of Approval be issued only for the length of time as the use is permitted in the
City’s Zoning By-law’.
Moved by Councillor C. Weylie
Seconded by Councillor B. Vrbanovic
“A.That based on the information contained in Development & Technical Services Department
report BPS-01-093, specifically that the lands are located within a Wellhead Protection
Area and are located adjacent to sensitive land uses owned and operated by the City, the
City of Kitchener requests a full Environmental Assessment and public hearing under the
Environmental Assessment Act for the proposed use by General Environmental Group at
90 Woodside Avenue.
B.That the Environmental Assessment and Approvals Branch of the Ontario Ministry of the
Environment be advised that should a full Environmental Assessment and public hearing
not be granted and should the Certificate of Approval applications for a waste disposal site
(MOE reference #2002-4VXH22) and for air emissions (MOE reference #7886-4VYL59) for
General Environmental Group at 90 Woodside Avenue be approved, the City of Kitchener
requests that the following is undertaken:
(i) That the Ministry’s Certificates of Approval be issued only for the length of time as
the use is permitted in the City’s Zoning By-law.
(ii) All environmental safeguards normally associated with the proposed activities are
implemented to the satisfaction of the Ministry of the Environment.
(iii) That the operator shall continue to implement the fugitive emission control program
during bio-remediation treatment and during loading as outlined in their application.
(iv) That a comprehensive Best Management Practice program be incorporated into the
Certificate of Approval for a waste disposal site including primary and secondary
containment measures, spill response plans, and ongoing monitoring of the impacts
of the operation on surface waters, storm and sanitary sewers, and groundwater.
(v) That a list of landfills which will be accepting any of the residual or recycled soils
from GEG be provided to the City and the names of any additional landfills which will
be accepting any of the residual or recycled soils from GEG in the future also be
provided to the City of Kitchener.
(vi) That the Contingency Plan proposed in their Certificate of Approval application
meets the satisfaction of the Ministry of the Environment, with a copy to the City of
Kitchener Fire Department.
(vii) That only waste classes outlined in the Certificate of Approval application be
accepted at the facility.
(viii) That financial assurance be posted for any materials left on site or underground,
should operations end, to the satisfaction of the Ministry of the Environment.
(ix) That General Environmental Group ensure compliance with the designated truck
route from the Conestoga Parkway to Homer Watson Boulevard to Hoffman Street
to Highland Road. Furthermore, the hours of operation of the designated truck route
are from 7:00 am to 7:00 p.m.
(x) That there is no outdoor storage on a temporary or permanent basis of trucked
material to the facility and all unloading occurs within the building.
(xi) That the bioremediation process takes place entirely contained within the building.
(xii) That a Citizen Advisory Group be established to maintain liaison with the area
neighbourhood and General Environmental Group to ensure the above are
monitored.
C.That a copy of report BPS-01-093 be forwarded to the Environmental Assessment and
Approvals Branch of the Ontario Ministry of the Environment and the Guelph District Office.
D.That the City of Kitchener receive the yearly reports that will be sent to the local district
office of the MOE which contain the following information:
·
total soil volume processed,
·
generator name and address,
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AUGUST 27, 2001286CITY OF KITCHENER
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·
waste streams and volumes produced for each waste stream, and
·
name and location of the destination for each waste stream (licensed waste receiving
facility or cement plant).
E.That the Ontario Ministry of the Environment Environmental Assessment and Approvals
Branch of the Ontario Ministry of the Environment be requested to forward a copy of its
draft final decision respecting the applications for Certificate of Approval for a waste
disposal site (MOE reference #2002-4VXH22) and for air emissions (MOE reference
#7886-4VYL59) to the City Clerk, City of Kitchener for comment.
F. That the Ontario Ministry of the Environment Environmental Assessment and Approvals
Branch of the Ontario Ministry of the Environment be requested to forward a copy of its final
decision respecting the applications for Certificate of Approval for a waste disposal site
(MOE reference #2002-4VXH22) and for air emissions (MOE reference #7886-4VYL59) to
the City Clerk, City of Kitchener.”
Carried Unanimously.
2.Moved by Councillor C. Weylie
Seconded by Councillor J. Ziegler
“That the report of the Planning and Economic Development Committee (Meeting of August
13, 2001) be adopted.
Voted on Clause by Clause
Dealt with under Delegations and
Clause 5 –
Carried, as Amended.
Carried.
Balance of report –
Recorded Pecuniary Interest and Absention:
Clause 5.A – Councillor J. Ziegler with respect to the
Arterial Commercial Corridor designation which is
currently designated Service Commercial as he owns
property on King Street East affected by this
designation.
Councillor C. Weylie requested that an Interim Control By-law respecting student housing in private
dwellings in Lower Doon be added to the agenda for three readings this date and on motion by
Councillor C. Weylie, seconded by Councillor J. Ziegler, Council consented to this request.
3.Moved by Councillor B. Vrbanovic
Seconded by Councillor M. Galloway
“That the report of the Community Services Committee be adopted.”
Carried.
4.Moved by Councillor J. Ziegler
Seconded by Councillor M. Galloway
“That the report of the Finance and Administration Committee (Meeting of August 13, 2001) be
adopted.”
Carried.
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AUGUST 27, 2001287CITY OF KITCHENER
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5.Moved by Councillor J. Ziegler
Seconded by Councillor M. Galloway
“That the report of the Finance and Administration Committee (Meeting of August 14, 2001) be
adopted.”
On motion by Councillor B. Vrbanovic, seconded by Councillor M. Galloway, an amendment
was agreed to adding a further subsection to Clause #1 dealing with the Industrial Artifacts
working group being removed from the Arts and Culture Advisory Committee and remaining a
separate entity that would appoint one of its members to the Arts and Culture Advisory
Committee.
The report was voted on clause by clause.
Carried, as Amended.
Clause 1 –
Carried.
Balance of report –
6.Moved by Councillor J. Smola
Seconded by Councillor B. Vrbanovic
“That the report of the Public Works and Transportation Committee be adopted.”
Carried.
7.Moved by Councillor B. Vrbanovic
Seconded by Councillor C. Weylie
“That the report of the Safe City Committee be adopted.”
Councillor J. Smola referred to Clause 1 of the report and commented on comprehensive co-
operation required between Police, Fire and Enforcement staff, and recommended group
homes be added to the last paragraph of Clause 1.
On motion, by Councillor B. Vrbanovic, seconded by Councillor C. Weylie, it was agreed to
amend Clause 1 to add group homes in addition to lodging houses with respect to the review
and direction to staff.
It was also agreed that staff be directed to prioritize its activity in regard to Clause 1.
The report was then voted on clause by clause.
Carried, as Amended.
Clause 1 –
Carried.
Balance of report –
At the request of Mr. G. Sosnoski, Council agreed to add a further by-law to the agenda for three
readings dealing with zoning to prohibit certain industrial uses within the Inner City area and the
zoning related to 90 Woodside Avenue. Further, Mr. Sosnoski noted that Council previously
approved the addition of a by-law to the agenda for three readings dealing with interim control
respecting student housing in private dwellings in Lower Doon.
8.Moved by Councillor C. Weylie
Seconded by Councillor B. Vrbanovic
“That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a)To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on
highways under the jurisdiction of the Corporation of the City of Kitchener.
(b)To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on
highways under the jurisdiction of the Corporation of the City of Kitchener.
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AUGUST 27, 2001288CITY OF KITCHENER
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(c)To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on
highways under the jurisdiction of the Corporation of the City of Kitchener.
(d)Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City
of Kitchener Municipal Code with respect to the property municipally known as 89
Samuel Street, Kitchener.
(e)Being a by-law to provide for the establishing and laying out of part of Battler Road as a
public highway in the City of Kitchener.
(f)Being a by-law to provide for the establishing and laying out of part of Huron Road as a
public highway in the City of Kitchener.
(g)Being a by-law to provide for the establishing and laying out of part of New Huron Road
as a public highway in the City of Kitchener.
(h)Being a by-law to dedicate part of the public highway known as Trillium Drive in the City
of Kitchener as a public walkway.
(i)Being a by-law to provide for the widening of part of Battler Road as a public highway in
the City of Kitchener.
(j)Being a by-law to provide for the widening of part of Huron Road as a public highway in
the City of Kitchener.
(k)Being a by-law to exempt certain lots from Part Lot Control – Part Block 117, Registered
Plan 58M-158 – Autumn Ridge Trail)
(l)Being a by-law to exempt certain lots from Part Lot Control – Lots 1 to 3 inclusive,
Registered Plan 1404 – Millwood Crescent.
(m)To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of
motor vehicles on private property.
(n)To further amend By-law No. 88-171 being a by-law to designate private roadways as
fire routes and to prohibit parking thereon.
(o)To further amend By-law No. 88-172 being a by-law to authorize certain on-street and
off-street parking of vehicles for use by physically handicapped persons, and the issuing
of permits in respect thereof.
(p)Being a by-law to amend Chapter 505 of The City of Kitchener Municipal Code with
respect to Adult Entertainment Parlours.
(q)Being a by-law to amend By-law 2000-198 of The City of Kitchener being a By-law to
repeal and replace Chapter 594 of the City of Kitchener Municipal Code with respect to
Theatres.
(r)Being a by-law to amend Chapter 690 of The City of Kitchener Municipal Code with
respect to Trees.
(s)Being a by-law to repeal and replace Chapter 503 of The City of Kitchener Municipal
Code with respect to Adult Entertainment Parlours.
(t)Being a by-law to licence Adult Goods Outlets.
(u)Being a by-law to amend By-law Number 2000-181 of The Corporation of the City of
Kitchener being a by-law to repeal and replace Chapter 542 of The City of Kitchener
Municipal Code with respect to Exhibitions, Circus, Midway or Carnival.
(v)Being a by-law to amend By-law Number 2000-182 of The Corporation of the City of
Kitchener being a by-law to repeal and replace Chapter 524 and Chapter 588 of The
City of Kitchener Municipal Code with respect to Places of Amusement.
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AUGUST 27, 2001289CITY OF KITCHENER
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(w)Being a by-law to provide for the establishing and laying out of part of Autumn Ridge
Trail as a public highway in the City of Kitchener.
(x)Being a by-law to provide for the establishing and laying out of part of Forest Edge Trail
as a public highway in the City of Kitchener.
(y)Being a by-law to change the name of a certain street in the City of Kitchener.
(z)Being a by-law to provide for the establishing and laying out of part of Idle Creek Drive
as a public highway in the City of Kitchener.
(aa)Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code respect
the Appointment of Staff.
(bb)To confirm all actions and proceedings of the Council.
(cc)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener. – City initiated – Inner City Area and Woodside Avenue.
(dd)Being an Interim Control By-law respecting student housing in Lower Doon.
and that the same be taken as read a first time and stand referred to the Committee of the
Whole.”
Carried.
On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and
Mayor C. Zehr appointed Councillor J. Ziegler as Chair.
On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair.
9.Moved by Councillor J. Ziegler
Seconded by Councillor J. Smola
“That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting
of the Committee of the Whole held this date, as attached hereto and forming part of these
minutes are hereby adopted and confirmed.”
Carried.
10.Moved by Councillor C. Weylie
Seconded by Councillor B. Vrbanovic
“That the by-laws listed on the agenda for third reading, namely:
(a)To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on
highways under the jurisdiction of the Corporation of the City of Kitchener.
(By-law No. 2001-134)
(b)To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on
highways under the jurisdiction of the Corporation of the City of Kitchener.
(By-law No. 2001-135)
(c)To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on
highways under the jurisdiction of the Corporation of the City of Kitchener.
(By-laws No. 2001-136)
(d)Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City
of Kitchener Municipal Code with respect to the property municipally known as 89
Samuel Street, Kitchener.
(By-law No. 2001-137)
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AUGUST 27, 2001290CITY OF KITCHENER
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(e)Being a by-law to provide for the establishing and laying out of part of Battler Road as a
public highway in the City of Kitchener.
(By-law No. 2001-138)
(f)Being a by-law to provide for the establishing and laying out of part of Huron Road as a
public highway in the City of Kitchener.
(By-law No. 2001-139)
(g)Being a by-law to provide for the establishing and laying out of part of New Huron Road
as a public highway in the City of Kitchener.
(By-law No. 2001-140)
(h)Being a by-law to dedicate part of the public highway known as Trillium Drive in the City
of Kitchener as a public walkway.
(By-law No. 2001-141)
(i)Being a by-law to provide for the widening of part of Battler Road as a public highway in
the City of Kitchener.
(By-law No. 2001-142)
(j)Being a by-law to provide for the widening of part of Huron Road as a public highway in
the City of Kitchener.
(By-law No. 2001-143)
(k)Being a by-law to exempt certain lots from Part Lot Control – Part Block 117, Registered
Plan 58M-158 – Autumn Ridge Trail)
(By-law No. 2001-144)
(l)Being a by-law to exempt certain lots from Part Lot Control – Lots 1 to 3 inclusive,
Registered Plan 1404 – Millwood Crescent.
(By-law No. 2001-145)
(m)To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of
motor vehicles on private property.
(By-law No. 2001-146)
(n)To further amend By-law No. 88-171 being a by-law to designate private roadways as
fire routes and to prohibit parking thereon.
(By-law No. 2001-147)
(o)To further amend By-law No. 88-172 being a by-law to authorize certain on-street and
off-street parking of vehicles for use by physically handicapped persons, and the issuing
of permits in respect thereof.
(By-law No. 2001-148)
(p)Being a by-law to amend Chapter 505 of The City of Kitchener Municipal Code with
respect to Adult Entertainment Parlours.
(By-law No. 2001-149)
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AUGUST 27, 2001291CITY OF KITCHENER
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(q)Being a by-law to amend By-law 2000-198 of The City of Kitchener being a By-law to
repeal and replace Chapter 594 of the City of Kitchener Municipal Code with respect to
Theatres.
(By-law No. 2001-150)
(r)Being a by-law to amend Chapter 690 of The City of Kitchener Municipal Code with
respect to Trees.
(By-law No. 2001-151)
(s)Being a by-law to repeal and replace Chapter 503 of The City of Kitchener Municipal
Code with respect to Adult Entertainment Parlours.
(By-law No. 2001-152)
(t)Being a by-law to licence Adult Goods Outlets.
(By-law No. 2001-153)
(u)Being a by-law to amend By-law Number 2000-181 of The Corporation of the City of
Kitchener being a by-law to repeal and replace Chapter 542 of The City of Kitchener
Municipal Code with respect to Exhibitions, Circus, Midway or Carnival.
(By-law No. 2001-154)
(v)Being a by-law to amend By-law Number 2000-182 of The Corporation of the City of
Kitchener being a by-law to repeal and replace Chapter 524 and Chapter 588 of The
City of Kitchener Municipal Code with respect to Places of Amusement.
(By-law No. 2001-155)
(w)Being a by-law to provide for the establishing and laying out of part of Autumn Ridge
Trail as a public highway in the City of Kitchener.
(By-law No. 2001-156)
(x)Being a by-law to provide for the establishing and laying out of part of Forest Edge Trail
as a public highway in the City of Kitchener.
(By-law No. 2001-157)
(y)Being a by-law to provide for the establishing and laying out of part of Idle Creek Drive
as a public highway in the City of Kitchener.
(By-law No. 2001-158)
(z)Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code respect
the Appointment of Staff.
(By-law No. 2001-159)
(aa)To confirm all actions and proceedings of the Council.
(By-law No. 2001- 160)
(bb)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener – City initiated – Inner City Area and Woodside Avenue.
(By-law No. 2001-161)
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AUGUST 27, 2001292CITY OF KITCHENER
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(cc)Being an Interim Control By-law respecting student housing in Lower Doon.
(By-law No. 2001-162)
be taken as read a third time, be finally passed and numbered serially by the Clerk.”
Carried.
On motion, the meeting adjourned at 10:15 p.m.
MAYORCLERK
COUNCIL MINUTES
AUGUST 27, 2001293CITY OF KITCHENER
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REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (JULY 26, 2001 MEETING)
1.That Zone Change Application ZC 01/11/TC/CL (Inner City area and 90 Woodside Avenue –
City Initiated) requesting a change in zoning to prohibit certain industrial uses within the inner
city in the Service Commercial Zone (C-6), Retail Core Zone (D-1), East Market Zone (D-2),
Warehouse District Zone (D-6), Industrial-Residential Zone (M-1) and General Industrial Zone
(M-2); and also requesting the addition of Temporary Use Provision 8T to the existing General
Industrial Zone (M-2), with special use provisions 156U and 159U for the lands described as
Part of Lots 1 and 2, Registered Plan 183; Lot 359 and Part of Lots 365 and 366, Municipal
Compiled Plan of Subdivision of Lot 17, German Company Tract; Lots 49 and 85 and Part of
Lot 116, Streets and Lanes, being part of Part 1, Plan 58R-11219, municipally known as 90
Woodside Avenue; be approved without conditions, in the form shown in the attached
"Proposed By-law" dated August 21, 2001, attached to report BPS-01-110, as revised August
27, 2001 with respect to Clause 9 of the by-law so as to change the words hazardous, toxic
and contaminated materials to non-hazardous, non-toxic and contaminated soils; and to
change the temporary use period from 2 years to 3 years.
(Dealt with under Delegations and Carried.)
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (AUGUST 13, 2001 MEETING)
1.That City Council endorse the action taken by the City’s Assistant General Manager of
Business and Planning Services relative to the filing of an appeal against the Education
Development By-law passed by the Waterloo Region District School Board; and further,
That City Council direct Business and Planning Services to arrange a meeting between elected
and senior officials of the City of Kitchener and the Waterloo Region District School Board to
discuss possible approaches to the resolution of the appeal.
2. That Development and Technical Services Department (Business and Planning) report BPS-01-
100 (Downtown Information Kiosks) be received for information.
3.That Council direct Business and Planning Services to review alternative means of increasing
the City’s impact on regulating the location of communication towers and report back to
Council on any recommendations for future change relative to municipal by-laws and/or
processes which may arise from such review.
4.That City Council request the Ministry of Municipal Affairs and Housing to revise section
9.4.D.1 of the Kitchener Downtown Community Improvement Plan recently submitted for
approval to read as follows:
‘9.4.D.1Maximum loan amount is $7500.00 for the façade and $7500.00 for the interior for
each business operation fronting onto a street but not including a lane (option to
combine loan amount of $15000.00 maximum for façade work only). No one
building or owner shall be eligible for more than a total of $45000.00 in loans
regardless of the number of business operations or buildings. For the purpose of
this subsection, an owner includes a person with a majority interest or substantial
control of a company or business.’
5. A.That City Council approve Municipal Plan Amendment Application MP 01/01/TC/LM (City
Initiated), being an Amendment to replace the existing commercial policy structure and
associated commercial land use policies in the Municipal Plan with an entirely new
commercial policy structure and new commercial land use policies, attached to report
BPS-01-109, reflecting direction given at the August 13, 2001 Planning and Economic
Development Committee meeting, as further revised this date with respect to:
1)deferral of the existing ‘Service-Commercial’ designation proposed to be
‘Planned Commercial Campus’ on the south side of King Street East abutting the
Pinegrove and Grand Hill Village neighbourhoods so as to allow for additional
consultation with neighbourhood residents
COUNCIL MINUTES
AUGUST 27, 2001294CITY OF KITCHENER
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REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (AUGUST 13, 2001 MEETING)
(CONT’D)
5.A.(Cont’d)
2)developing and incorporating a new city-wide policy that provides for public
participation and consultation respecting site plan considerations
3)maintaining a maximum floor space ratio (FSR) of 2 in reference to future re-
zoning of the block of lands fronting the east side of Victoria Street North
bounded by Ahrens Street West, a rear laneway and Margaret Avenue; and,
That the implementing by-law be presented to Council for approval.
It is the opinion of this Council that approval of this Amendment to the City’s Municipal
Plan is proper planning for the City; and further,
That the Municipal Plan Amendment (New Commercial Policy Structure), as revised, be
designated as Appendix ‘1’ attached to these minutes.
B.That Zone Change Application ZC 01/12/TC/CL (City Initiated), requesting a change in
name for the existing Highway Commercial Zone (C-8) to Commercial Campus Zone (C-8)
and introducing new minimum floor area provisions for large and small retail outlets; and
requesting a change in zoning to designate as Commercial Campus Zone (C-8) with
special regulation provision 360R instead of Highway Commercial Zone (C-8) the lands
described as Lot 3, Plan 1744, be approved in the form shown in the "Proposed By-law",
dated August 22, 2001
, as revised August 27, 2001, to add the phase ‘of the entire
development’ at the end of Clause 3 ii) b) of the by-law, without conditions.
C.That Zone Change Application ZC 99/26/S/LM (245 Strasburg Road – Robpetmar Limited
[Bestpipe]), requesting a change in zoning to designate as Commercial Campus Zone (C-
8) with Special Regulation Provision 358R and Commercial Campus Zone (C-8) with
Special Regulation Provision 358R and Holding Provision 35H instead of Service
Commercial Zone (C-6) with Special Use Provision 275U and Special Regulation
Provision 295R; Service Commercial Zone (C-6) with Special Regulation Provision 295R,
and Service Commercial Zone (C-6) with Special Regulation Provision 295R and Holding
Provision 35H, the lands described as Part of Lot 9, Municipal Compiled Plan 1021 and
Part of Lots 4 and 5, Municipal Compiled Plan 1022, for the City of Kitchener , be
dated July 18, 2001
approved in the form shown in the "Proposed By-law", , without
conditions.
D.That Zone Change Applications ZC 98/15/F/CL (621 Fischer-Hallman Road – Voisin
Developments Limited) and ZC 98/18/F/CL (621 Fischer-Hallman Road – Voisin
Developments Limited), requesting a change in zoning to designate as:
a)Commercial Campus Zone (C-8) with Special Regulation Provision 359R and
Holding Provisions 44H and 16h, instead of Service Commercial Zone (C-6) with
Special Use Provision 98U;
b)Commercial Campus Zone (C-8) with Revised Special Use Provision 176U,
Special Regulation Provision 359R and Holding Provisions 44H and 16h, instead
of Service Commercial Zone (C-6) with Special Use Provision 98U;
c)Commercial Campus Zone (C-8) with Revised Special Use Provision 176U,
Special Regulation Provision 359R and Holding Provisions 44H and 16h, instead
of Service Commercial Zone (C-6) with Special Use Provision 108U and Special
Regulation Provision 84R;
d)Commercial Campus Zone (C-8) with Special Regulation Provision 359R and
Holding Provisions 44H and 16h, instead of Service Commercial Zone (C-6) with
Special Use Provision 108U and Special Regulation Provision 84R;
COUNCIL MINUTES
AUGUST 27, 2001295CITY OF KITCHENER
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REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (AUGUST 13, 2001 MEETING)
(CONT’D)
5.D.(Cont’d)
e)Commercial Campus Zone (C-8) with Revised Special Regulation Provision 84R
and Special Regulation Provision 359R and Holding Provisions 44H and 16h;
f)Commercial Campus Zone (C-8) with Special Regulation Provision 359R and
Holding Provisions 44H and 16h;
the lands described as Part of Lot 46, German Company Tract, more specifically
described as Part 6, Plan EX-331; Part of Lot 47, German Company Tract, more
particularly described as designated as, Parts 2 and 9, Plan 58R-3076 and Parts 1, 2, 8,
9, 12 and 13 on Plan 58R-8216; and Blocks 39 and 41, Registered Plan 1758, for the
dated August
City of Kitchener; be approved in the form shown in the "Proposed By-law",
22, 2001
, without conditions.
E.That City Council’s approval of Municipal Plan Amendment Application MP 00/07/F/LM
(621 Fischer-Hallman Road – Voisin Developments Limited) and Zone Change Application
ZC 00/29/F/CL (621 Fischer-Hallman Road – Voisin Developments Limited) be rescinded
and the implementing by-laws be repealed.
F.That in consideration of the City’s continued support for the shared use of hydro corridors
for parking, that City Council support the direction of the Development and Technical
Services Department to consider the use of HEPC lands for required off-street parking
without an agreement which secures the parking in perpetuity, on a site specific basis,
with the understanding that where appropriate, required off-street parking will be
supported within HEPC lands, subject to minor variance or zone change approvals, or
where appropriate conditions are included in a related Section 41 Development
Agreement for the replacement of any lost parking, through the purchase and
redevelopment of adjacent lands for parking or the construction of a multi-level parking
structure.
G.That pursuant to Section 34(17) of the Planning Act, City Council deems the
recommended changes to the Proposed Zoning By-law for Zone Change Application ZC
01/12/TC/CL made at Planning and Economic Development Committee on August 13,
2001 and at City Council on August 27, 2001 to be minor and has determined that
further notification is not required.
(Dealt with under Delegations and Carried, as Amended)
6.That with respect to the ‘Student Housing Task Force - Final Report’ dated April 2001, Council
adopt the following implementation recommendations:
1)a) That Council continue to support efforts to increase the supply of affordable
housing in the City (some of which will be available and geared to students) and
particularly, those initiatives related to municipal contributions/incentives,
reduction in development charges, and review of tax regulations.
b)That Council support the continued staff liaison with the Region and KHI through
the “Housing Working Group” to ensure a coordinated, efficient and unified
approach to the provision and delivery of affordable housing, the development of
new affordable housing initiatives and access to federal and provincial housing
programs.
c) That the Student Housing Team prepare a paper to be endorsed by all
stakeholders of the Housing Team for presentation to the senior levels of
Provincial and Federal Government, requesting government assistance in the
provision of affordable student housing.
Action Items 1B, 1C, 1D, 1F
COUNCIL MINUTES
AUGUST 27, 2001296CITY OF KITCHENER
- -
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (AUGUST 13, 2001 MEETING)
(CONT’D)
6.(Cont’d)
2)That Business and Planning Services undertake a comprehensive study to address the
following matters relative to student housing in Lower Doon:
·
review of current opportunities for providing student accommodation in close
proximity to Conestoga College
·
recommend any suggested means of increasing the opportunities for student
housing in close proximity to Conestoga College
·
review existing planning framework governing lodging houses, lodging units and
duplexing and make recommendations on any changes necessary to minimize the
impact of this housing form on existing neighbourhoods
·
review parking requirements for lodging houses and dwellings permitting lodging
units to determine the need for change to minimize the impact on the neighbourhood
·
investigate the means of providing private areas to accommodate extra parking and
develop ways to make such information available to students who have vehicles
Actions 1G, 3F, 3G, 3H, 3I, 3K and 5G
3)That Kitchener’s Student Housing Team staff work with team members of the
institutions to develop an estimate of the demand for student housing in Kitchener
Action 1J
4)That Kitchener’s Student Housing Team staff work with other members of the Student
Housing Team to develop measurements for ranking student housing.
Action Item 2A
5)That Planning staff work with Corporate Services (enforcement and legal staff) to
determine the need for and staffing implications of increased or proactive enforcement
in Lower Doon and necessity for increased fines.
Actions 2C, 3B and 3D
6)That Planning staff develop a package of information including relevant City by-laws
and regulations affecting student housing for distribution to the institutions
Action 5B
7)That Traffic and Parking staff investigate the need for more on-street parking near the
College and report their findings to the Student Housing Team.
Action 4F
8)That Council support the appointment of a Planning Division staff member by the
Assistant General Manager of Business and Planning Services to participate as an
member of the ongoing Student Housing Team
Action 5A
9)That Planning staff coordinate links between the student housing website and the
Department’s webpage.
Action 5C
10)That the “Housing Working Group” contact the housing offices of the institutions to
establish a protocol for information exchange.
Actions 5H, 5I
COUNCIL MINUTES
AUGUST 27, 2001297CITY OF KITCHENER
- -
REPORTS ADOPTED BY COUNCIL
COMMUNITY SERVICES COMMITTEE –
1.That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City
Solicitor, with Paul Mercs Concerts Inc. and Next Presentations Canada Ltd., to provide and
promote concerts at the Kitchener Memorial Auditorium on an exclusive basis, in the form as
attached to Community Services Department report CSD-01-109.
2.That the Facilitator of Golf Courses Food and Beverage oversee the operations of concessions at
Community Arenas effective immediately; and,
That the budget and implementation strategies outlined in Community Services Department
report CSD-01-129 be approved; and further,
That staff present a capital program report at the Community Services Committee meeting of
September 10, 2001 addressing the upgrades and equipment replacements required for each
Community Arena Concession.
3.That the Mayor and Clerk be authorized to execute a two-year management fee contract,
satisfactory to the City Solicitor, with Compass Group Canada for the provision of food and
beverage services at the Kitchener Memorial Auditorium Complex, in the form as attached to
Community Services Department report CSD-01-130; and further,
That staff present a capital program report at the Community Services Committee meeting of
September 10, 2001, addressing the upgrades and equipment replacements required in the
Kitchener Memorial Auditorium Complex concessions not addressed by the Auditorium
renovations.
4.That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City
Solicitor, with The Greek-Cypriot Community of Waterloo Region respecting the Dionysia
Sounds, Taste of Dionysia, World Beat Event, to take place at City Hall on September 5, 2001,
which includes City funding of $1,000. and staff resources, in the form as attached to Community
Services Department report CSD-01-128.
5.That use of the 'Rotunda Gallery, Letter of Agreement Re: Exhibition', in the form as attached to
Community Services Department report CSD-01-132, be approved.
6.That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City
Solicitor, with the Ministry of Transportation for a right-of-way to construct, utilize and maintain a
cart path under the Highway 401 bridge at Doon Valley Golf Course, in the form as attached to
Community Services Department report CSD-01-113.
7.That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City
Solicitor, with Canadian TODS Limited for the installation of tourism oriented signage on Highway
401, for Doon Valley Golf Course, in the form as attached to Community Services Department
report CSD-01-116.
8.That pursuant to Council Policy I-272, the Breckwood Community Garden Group be awarded a
one-time contribution, to a maximum of $1,000. (services in-kind: transportation, compost,
woodchips - $500.00 maximum, and funding for plant material and fertilizer - $500.00 maximum)
toward the start-up costs for their Community Garden; and further,
That the Mayor and Clerk be authorized to execute all necessary agreements, satisfactory to the
City Solicitor, with the Breckwood Community Garden Group, to allow a Community Garden to be
located on public lands known as the Breckwood Place cul-de-sac.
9.That the Laurentian South - Ottawa district park located on Activa Drive be named 'Voisin Park';
and further,
That a plaque be erected at the main entrance to this park documenting various community
contributions made by Frank W. Voisin.
COUNCIL MINUTES
AUGUST 27, 2001298CITY OF KITCHENER
- -
REPORTS ADOPTED BY COUNCIL
COMMUNITY SERVICES COMMITTEE – (CONT’D)
10.That approval in principle, be given for the City of Kitchener to host the 2002 Ontario Summer
Games, subject to the conditions outlined in Community Services Department report CSD-01-
119; and further,
That the Mayor and Council communicate its support to the Ministry of Citizenship, Culture and
Recreation, and provide a copy of the report to the Ministry.
11.That the Manager of Golf Courses be authorized to sign a 'Worm Picking Agreement - City Golf
Courses', satisfactory to the City Solicitor, with the successful bidder of the Invitation for Quotation
for the right to pick worms at Rockway and Doon Valley Golf Courses.
FINANCE AND ADMINISTRATION COMMITTEE – (MEETING OF AUGUST 13, 2001)
1.That consideration of Development & Technical Services report BPS-01-096, requesting a by-
law pursuant to Municipal Code Chapter 650 (Lot Maintenance) for the property (Assessment
be deferred and referred to
Roll # 3012040034196000000), on Homer Watson Boulevard,
the Finance & Administration Committee meeting of September 10, 2001,
pending advice
from staff as to how the matter is to be resolved.
2. That the annual financial report of the City of Kitchener for the period ending December 31,
2000, be accepted as presented at the Finance & Administration Committee meeting of August
13, 2001.
3. That staff report at a future Finance & Administration Committee meeting on the advantages
and disadvantages of:
a) Licensing all Complementary Health Modalities without exception;
b) Licensing Complementary Health Modalities excepting those regulated by associations or
organizations; and,
c) Amending Municipal Code Chapter 505 (Adult Entertainment Parlour – Regulation)by
defining Complementary Health Modalities and specifically excluding them from the
provisions of that Chapter; and,
That staff include in the report comparisons of how other Ontario municipalities have dealt with
licensing Complementary Health Modalities; and further,
That all parties who have indicated an interest in this matter be provided with a copy of the
staff report and be invited to attend the Finance & Administration Committee meeting at which
it will be considered.
4. That the request of the YMCA of Kitchener-Waterloo to operate an art auction and refreshment
stand in the City Hall Rotunda on November 2, 2001 be approved; subject to the necessary
licence, including Health and Fire approvals, being obtained, with the nominal fee of $10.00
being applicable.
5. That the July 19, 2001 action of the Manager of Licensing involving the issuance of a licence to
the Southwest Optimist Club to operate a hot dog cart at Huron Park, Weber and Louisa
Streets, on July 21, 2001, be ratified.
6. That Council consider 3 by-laws at its August 27, 2001 meeting, to regulate separation
distances between adult oriented businesses; in the form as attached to Corporate Services
Department report CRPS-01-134.
COUNCIL MINUTES
AUGUST 27, 2001299CITY OF KITCHENER
- -
REPORTS ADOPTED BY COUNCIL
FINANCE AND ADMINISTRATION COMMITTEE – (MEETING OF AUGUST 13, 2001) (CONT’D)
7. That Council consider a by-law at its August 27, 2001 meeting authorizing the removal of
waste material from the property municipally known as 89 Samuel Street, Kitchener, at the
property owner’s expense, if the work has not been done by the owner on or before August 24,
2001.
8. That at its August 27, 2001 meeting, Council consider the amending by-laws attached to
Corporate Services Department report CRPS-01-038, providing for minor amendments to
various Chapters of the Municipal Code as follows:
·
Chapter 594 (Theatres)
·
Chapter 542 (Exhibitions, Circus, Midway or Carnival)
·
Chapter 690 (Trees)
·
Chapter 507 (Amusement Places-previously Chapters 524 and 588)
FINANCE AND ADMINISTRATION COMMITTEE – (MEETING OF AUGUST 14, 2001)
1. That the revised advisory committee structure and related recommendations as outlined in the
report of the Council/Staff working group dated August 14, 2001 be approved, save and except
for the following revisions:
a) the membership of the Safe and Healthy Community Advisory Committee be amended
to specify that one of the Community-at-large members be a ‘youth’;
b) the membership on Heritage Kitchener be amended to reduce the Community-at-large
members to 2-3, and to add the following:
i) representative of the Upper Doon Heritage Conservation District (1)
ii) representative of the Victoria Park Area Heritage Conservation District (1); and,
c) the membership of the Downtown Advisory Committee be amended to add the Mount
Hope – Breithaupt Neighbourhood as one of the listed neighbourhoods under ”Inner
City Resident of Ward 1…”
d) the recommendation with respect to sub-committees of advisory committees be
amended to provide that these ad-hoc committees should ‘be reviewed annually to
determine whether they need to continue’ and reference to ‘exist for no longer than 1
year’ be deleted; and,
the recommendation also be amended to add that membership on sub-committees may
be expanded, if required, to include people who are not advisory committee members,
to take advantage of individual expertise;
e) when the Clerk advertises for lay members of advisory committees, the notice state that
all advisory committee meetings shall commence at 4 p.m.; and further,
f) under the section titled ‘Next Steps’, the following initiative be added:
i)Staff investigate and report to Council on the possibility of establishing a ‘public
reading room’ at City Hall, and other opportunities for the public to access all
committee and Council agendas, minutes and reports; and further,
g)the Industrial Artifacts working group be removed from the new Arts and Culture
Advisory Committee structure and remain a separate entity; and further,
that the working group appoint one (1) representative from among its members to sit on
the Arts and Culture Advisory Committee.
COUNCIL MINUTES
AUGUST 27, 2001300CITY OF KITCHENER
- -
REPORTS ADOPTED BY COUNCIL
FINANCE AND ADMINISTRATION COMMITTEE – (MEETING OF AUGUST 14, 2001) (CONT’D)
1.(Cont’d)
That the current advisory committee and board appointments which expire on November 30,
2001 be extended to December 31, 2001 to provide additional time for volunteer recruitment.
(As Amended)
2.That the number of standing committees of Council be reduced from 4 to 3 with all members of
Council to sit on each of the following Committees:
·
Finance and Corporate Services Committee
·
Community Services Committee
·
Development and Technical Services Committee; and,
That with the exception of issues which are of an overriding financial, administrative or
strategic nature, the individual City departments report to the standing committee
corresponding to their department name, and that the Strategic Services Department report
through the Finance and Corporate Services Committee; and,
That the meeting times for Special Council and Standing Committees be as follows:
·
12 p.m.– 2 p.m.Special Council / In-camera meeting
·
2 p.m. – 4 p.m.Finance and Corporate Services Committee
·
4 p.m. – 6 p.m.Community Services Committee
·
6 p.m. – 7 p.m.Dinner
·
7 p.m.Development and Technical Services Committee; and
further,
That the revised standing committee structure and meeting times be effective October 1, 2001;
with a review of the meeting times to be undertaken in June 2002.
PUBLIC WORKS & TRANSPORTATION COMMITTEE –
1. That Council approve additional consulting engineering fees in the amount of $20,985.
(including GST) for the Cedar Street Reconstruction, completed in 2000; and further,
That funding for the additional fees be taken from available surplus funds in the Krug Street
Reconstruction Project Index code 852214.
2. That Council approve additional consulting engineering fees in the amount of $96,981.
(including GST) for the Glasgow Street Reconstruction, completed in 2000; and further,
That funding for the additional fees be taken from available surplus funds in the Krug Street
Reconstruction Project Index code 852214.
3. That Council approve the installation of an all-way stop at the intersection of Greenfield
Avenue and Eighth Avenue; and further,
That the Uniform Traffic By-law be amended accordingly.
4. That in conjunction with Area municipalities, Traffic and Parking staff be requested to survey
other cities as to their use of all-way stop controls to improve pedestrian and traffic safety; and
further,
That a report on this matter be brought to the November 19, 2001 Public Works and
Transportation Committee meeting.
COUNCIL MINUTES
AUGUST 27, 2001301CITY OF KITCHENER
- -
REPORTS ADOPTED BY COUNCIL
PUBLIC WORKS & TRANSPORTATION COMMITTEE – (CONT’D)
5. That a Taxi Cab Stand be established in on-street parking spaces located on the south side of
King Street West from a point 24 metres east of Water Street to a point 12 metres east thereof;
and further,
That the Uniform Traffic By-Law be amended accordingly.
6. That Council enter into an agreement with Waterloo Region District School Board to operate
public parking at 787 King Street West, with the parking lot to be named Green Street Lot
No.12; and,
That hourly parking be provided at 787 King Street West at an hourly rate of $2.00 or a $5.00
daily maximum with By-law 88-169 being amended accordingly; and further,
That the Mayor and Clerk be authorized to execute a Management Agreement with the
Waterloo Region District School Board, satisfactory to the City Solicitor.
7. That Huron Road between Homer Watson Boulevard and Strasburg Road be designated as
‘Heavy Trucks Permitted’ from 7:00 a.m. to 7:00 p.m. daily; and,
That Strasburg Road between Huron Road and Bleams Road be designated as ‘Heavy Trucks
Permitted’ from 7:00 a.m. to 7:00 p.m. daily; and further,
That the Uniform Traffic By-law be amended accordingly.
8. That the three (3) hour permitted parking area on the east side of Linden Avenue be extended
from Oak Street to a point 15 metres south of Joseph Street; and further,
That the Uniform Traffic By-law be amended accordingly.
9. That the two (2) hour, 8:00 a.m. to 6:00 p.m. permitted parking area on the south side of
Margaret Avenue, between a point 32 metres west of Queen Street North and a point 24
metres east of Maynard Avenue, be relocated to the north side of Margaret Avenue between a
point 32 metres west of Queen Street North and Maynard Avenue; and further,
That the Uniform Traffic By-law be amended accordingly.
10. That parking be prohibited anytime on the northwest side (inside of curve) of Nine Pines Road
between Ottawa Street South and Williamsburg Road; and further,
That the Uniform Traffic By-law be amended accordingly.
11. That double-gate diverters not be installed on the Iron Horse Trail at road crossings; and
further,
That the existing temporary double-gate diverters at the Queen Street crossing be removed
and a single gate remain in place.
12. That the Region of Waterloo and its Contractor(s) be exempted from the provisions of the City
of Kitchener Municipal Code, Chapter 450 (Noise), Article 6 (Construction Noise), during
roadway improvements of Westmount Road between Glasgow Street and John Street,
between the hours of 7:00 a.m. and 9:00 p.m. for the period September 4, 2001 to November
30, 2001, along with a 24-hour exemption tentatively expected to occur between September
15, 2001 and October 15, 2001.
13. That notwithstanding current City of Kitchener standards for street name signage, Council
approve the use of decorative street name signs for all new streets in the Bridgeport North
Community; and,
COUNCIL MINUTES
AUGUST 27, 2001302CITY OF KITCHENER
- -
REPORTS ADOPTED BY COUNCIL
PUBLIC WORKS & TRANSPORTATION COMMITTEE – (CONT’D)
13.(Cont’d)
That all developers in the Bridgeport North Community be required to install all required street
name signage at their expense; and,
That all developers in the Bridgeport North Community be required to supply the City of
Kitchener with 10% of all poles, decorative signs and hardware required for future
replacement/maintenance purposes; and further,
That the City of Kitchener adopt the decorative street name sign used in the Wyldwoods
Subdivision, and as proposed for the River Ridge Subdivision, as a decorative alternative sign
to standard street name signs.
SAFE CITY COMMITTEE –
1. That the Safe City Committee support the proposal of the Mt. Hope-Breithaupt Mobilization
Alliance requesting a review of the City of Kitchener’s policies concerning the licensing of
lodging houses, group homes and other multiple dwellings; and further,
That Kitchener City Council be requested to accelerate this review and direct staff to
commence action to address the issues and processes relating to enforcement of lodging
houses and group homes.
(As Amended)
2.That the Safe City Committee encourages Kitchener City Council to support the ‘No Gang
Clothing, No Gang Colours’ initiative of the Waterloo Regional Police Service and to establish
and implement a ‘No Gang Clothing, No Gang Colours’ policy at all City facilities.
COUNCIL MINUTES
AUGUST 27, 2001303CITY OF KITCHENER
- -
COMMITTEE OF THE WHOLE
ND
A. BY-LAWS LISTED ON THE AGENDA – 2 READING –
It was resolved:
“That the by-laws considered by this Committee be taken as read a second time and be
recommended for enactment.”
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER –
1.Licences
i)Refreshment Stand
It was resolved:
“That The Aids Committee of Cambridge, Kitchener, Waterloo & Area be granted
permission to operate a refreshment stand at Victoria Park, on September 23,
2001, for their annual AIDS Walk, provided that the necessary licence is
obtained, including Fire and Health approvals; and further,
That the nominal fee of $10.00 be applicable.”
- and -
“That the Spanish Church of God, 316 Wellington Street North, Kitchener N2H
5K9, be granted permission to operate a refreshment stand in the City Hall
Rotunda, on September 1, 2001, provided that the necessary licence is obtained,
including Fire and Health approvals; and further,
That the nominal fee of $10.00 be applicable.”
ii)Permanent Vendor / Food Shop
It was resolved:
“That permanent vendor and food shop licences be issued to 1472446 Ontario
Limited (Ji Ro Yun) relative to the business to be operated at 109 Weber Street
East under the name of Everything Convenience.”
iii)Adult Entertainment Parlour Attendant
It was resolved:
“That Dawn Silbernagel who is employed at 2271 Kingsway Drive be granted a
2001 Adult Entertainment Parlour Attendant Licence.”
- and –
“That the following massagists who are employed at 1412 Victoria Street North
be granted a 2001 Adult Entertainment Parlour Attendant Licence:
Amber Meurs
Leslie Moores
Erika Fleck
Shana-Lee Green.”
- and –
“That Sara Klooster and Amber Koehler who are employed at 4-808 Courtland
Avenue East be granted a 2001 Adult Entertainment Parlour Attendant Licence.”
COUNCIL MINUTES
AUGUST 27, 2001304CITY OF KITCHENER
- -
COMMITTEE OF THE WHOLE
B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D)
2.Quit Claim Deed – 352 Maple Avenue
It was resolved:
“That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all of
the easement rights granted by Instrument No. 461287 and 562343 relating to the
property municipally known as 352 Maple Avenue, Kitchener.”
3.Encroachment Agreement – 762-778 King Street East
It was resolved:
“That the Mayor and Clerk be authorized to execute an encroachment agreement to
legalize the existing building at the property described as Part Lots 1 & 2, Plan 77 and
municipally known as 762 - 778 King Street East, Kitchener, as it encroaches 0.7 feet,
more or less, into the Stirling Avenue North road allowance.”
4.Engineering Agreement – Stantec Consulting Limited – North Fair Subdivision
It was resolved:
“That the Mayor and Clerk be authorized to execute an agreement for the provision of
professional engineering services made between the City of Kitchener and Stantec
Consulting Limited, regarding North Fair Subdivision, Stage II, Phase 1, Plan 30T-
89017.”
5.Appointments – Federation of Canadian Municipalities/Association of
Municipalities of Ontario
It was resolved:
“That Council endorse the appointment of Councillor M. Galloway to the following
Standing Committees of the Federation of Canadian Municipalities: Conference and
Municipal Expo Planning; Municipal Finance; Race Relations; and, to the Board of
Directors of the Association of Municipalities of Ontario; and, hereby agrees to pay any
expenses related to attendance at meetings of the above.”
6.Forest Heights Pool Expansion Financing
Council was in receipt of Community Services Department report CSD-01-141 (P.
Beaudry/F. Pizzuto/P. Houston) dated August 27, 2001:
It was resolved:
“The additional capital funding of $205,000 be allocated to the Forest Heights
Expansion project from the following sources:
Capital Contingency$150,000
Aquatics General Provision Accounts 55,000.”
7.Various Tenders
Dealt with under Delegations.
8.Committee of Adjustment Decisions – Various
Council was in receipt of correspondence from D. Gilchrist, Acting Secretary-Treasurer,
Committee of Adjustment, dated July 19 and from J. Billet, Secretary-Treasurer dated
August 17, 2001, recommending approval of various sign and fence variances.
COUNCIL MINUTES
AUGUST 27, 2001305CITY OF KITCHENER
- -
COMMITTEE OF THE WHOLE
B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D)
8.Committee of Adjustment Decisions – Various – (Cont’d)
Submission Nos. FN 2001-008 (177 Windflower Drive) and SG 2001-008 (155
Breckenridge Drive) were dealt with under Delegations.
It was resolved:
That Council ratify and confirm the August 14, 2001 decisions of the Committee of
“
Adjustment recommending approval of:
·
Submission No. SG 2001-009- 1077941 Ontario Ltd. (100-160 King St. E. &
25 Frederick St.)
Submission No. SG 2001-010 - Petro Canada Inc. (4319 King Street East).”
·
9.Waiving of Tender Process – Mayfair Electrical Repairs
Council was in receipt of Corporate Services Department report CRPS-01-133 (G.
Sosnoski), dated August 2, 2001.
It was resolved:
“That Council confirm the action of G. Sosnoski of July 12, 2001 pursuant to Chapter
170 (Purchasing) of the Municipal Code waiving the tender process in regard to
electrical repairs to the City-owned property at 11 Young Street (Mayfair Hotel) as
directed by the Electrical Safety Authority and required under the Ontario Electrical
Safety Code.”
10.Communications Division Reorganization
Council was in receipt of Strategic Services Department report SSD–01-003 (R. Pitfield)
dated August 27, 2001.
It was resolved:
“That City Council receive the Frontline Corporate Communications Audit dated May
16, 2001; and,
That the City implement in principle the broad communications and marketing directions
of the Frontline Communications Audit; and,
That the attached organizational chart dated August 27, 2001 be approved; and,
That City Council approve the Communications/Marketing work plans appended to
Strategic Services Department report SSD-01-003, and that the new organizational
structure be approved and implemented as indicated in the work plan; and further,
That an additional sum of $66,319 be included in the 2002 divisional operating budget.”
11.Operating Agreement – Kiwanis Club of Twin Cities – Kiwanis Park
Council was in receipt of Legal Services report CRPS-01-146 (G. Melanson), dated
August 20, 2001.
It was resolved:
“That the Mayor and Clerk be authorized to sign an agreement with the Kiwanis Club of
nd
Twin Cities dated the 2 day of August, 2001 regarding a licence to operate certain
recreational facilities at Kiwanis Park.”
COUNCIL MINUTES
AUGUST 27, 2001306CITY OF KITCHENER
- -
COMMITTEE OF THE WHOLE
B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D)
12.Sponsorship Agreement – Hewlett Packard – Business Enterprise Centres
It was resolved:
“That the City enter into, and the Mayor and Clerk be authorized to execute, a
sponsorship agreement dated August 27, 2001, with Hewlett Packard to provide
equipment valued at $19,000.00 for Business Enterprise Centres and over a term of
three years running from September 1, 2001 to August 31, 2004.”
13.Meeting – School Board Development Charges
It was resolved:
“That Mayor C. Zehr and Councillors C. Weylie and J. Ziegler represent Council on the
working group addressing the development charge issue as it relates to the local school
boards.”
14.Offer to Purchase –Huron Business Park (Site 75 – Strasburg Road)
Council was in receipt of Development and Technical Services Department report BPS-
01-101(P. Bacon/K. Bissell/G. Borovilos) dated July 20, 2001.
It was resolved:
“That Council accept the Offer to Purchase from Millgate Holdings Inc. for Part 10 on
Reference Plan 58R-5456, being a parcel of land in the Huron Business Park having an
area of approximately 5.177 acres at the price of $75,000 per acre for 4.848 acres and
$5,000 per acre for 0.329 acres (being the sloped areas of the site), less $105,245 for
the removal of organic material, resulting in a total purchase price of $260,000; and
further,
That the Mayor and Clerk be authorized to execute any necessary documentation
required by the City Solicitor.”
15.Ratification of Agreement - Avion Film Productions Inc.
It was resolved:
“That Council ratify and confirm Interim C.A.O. Robert Pritchard’s authority to sign the
Licensing Agreement with Avion Film Productions Inc. dated August 14, 2001 for the
use of the Chipping Green at Rockway Golf Course for filming of the television
commercial “So Striking It’s Distracting”.”
16.Change in Council Meeting Date
It was resolved:
“That the regular Council meeting of October 1, 2001 be rescheduled to Tuesday,
October 2, 2001 commencing at 7:00 p.m.”
17.Execution of Agreement - Testing on Sherwood Avenue, Kensington Avenue and
Krug Street Road Allowances
It was resolved:
“That the Mayor and Clerk be authorized to execute an agreement satisfactory to the
City Solicitor with the owner(s) of 501 Krug Street for the purposes of accessing and
conducting tests on the Sherwood Avenue, Kensington Avenue and Krug Street road
allowances in the vicinity of 501 Krug Street, said agreement to expire September 1,
2003.”
COUNCIL MINUTES
AUGUST 27, 2001307CITY OF KITCHENER
- -
COMMITTEE OF THE WHOLE
B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D)
18.Execution of Agreement – Monitoring Wells – 564 Belmont Avenue West Road
Allowance
Council was in receipt this date of Legal Services report CRPS-01-150 (L. MacDonald),
dated August 24, 2001.
It was resolved:
“That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the
City Solicitor, with the owners of 564 Belmont Avenue West permitting the construction
of monitoring wells and the ongoing monitoring of said wells in the Belmont Avenue
West road allowance as part of an environmental assessment.”
19.Civic Celebration Licences – Various
Council was in receipt this date of Corporate Services Department report CRPS-01-152
(J. Koppeser), dated August 27, 2001.
It was resolved:
“That the following applicants be permitted to operate in the area of Frederick Street to
Benton Street and Charles Street to Duke Street and from the Central Meat Market
property located at 760 King St. W., Kitchener, during Oktoberfest, October 5-13, 2001,
inclusive, provided that the necessary Licenses and Health and Fire approvals are
obtained:
Grain Harvest BreadhousePretzels
Ontario Turkey Producers Marketing BoardTurkey on a Bun
Vans Original Belgian WafflesWaffles
Four Points Hotel2 Hot Dog Darts
K-W Oktoberfest Hans HausDecorations and Souvenirs
Regina’s FashionsClothing.”
20.Charitable Refreshment Stand Licence – Kent Reeve Fundraiser
Council was in receipt this date of Corporate Services Department report CRPS-01-151
(J. Koppeser), dated August 27, 2001.
It was resolved:
“That the Kent Reeve Fundraiser, c/o Michelle Way, 143 Hillbrook Crescent, Kitchener,
N2N 1J4, be granted permission to operate a refreshment stand, at the Forest Heights
Community Centre, on September 15, 2001, provided that the necessary Fire and
Health and Licence are obtained; and that the nominal fee of $10.00 be applicable.”
21.Real Property Tax-Writeoffs
It was resolved:
“Upon the re-instatement of the structural stability of the building addressing the
structural integrity, fire and life safety, and building envelop components, to the
satisfaction of the Chief Building Official, the City of Kitchener will write off all
outstanding real property taxes attributable to Assessment Roll # 30-12-050-001-005-
00-0000 which have accrued up to the date structural stability has been re-instated, or
June 30, 2002, whichever occurs first.”
- and -
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AUGUST 27, 2001308CITY OF KITCHENER
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COMMITTEE OF THE WHOLE
B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D)
21.Real Property Tax-Writeoffs – (Cont’d)
“Upon the filing of a Record of Site Condition with the Ministry of Environment and the
substantial completion of the project, to be determined at the point when occupancy of a
building on the site would be permitted under the Building Code, the City of Kitchener
will write off all outstanding real property taxes attributable to Assessment Roll # 30-12-
020-004-193-00-0000 which have accrued up to the date substantial completion is
determined, or December 31, 2002, which ever occurs first.”
22.Quit Claim Deed – Stirling Avenue South
Council was in receipt this date of Legal Services report CRPS-01-128 (J. Shivas),
dated July 17, 2001.
It was resolved:
“That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all of
the rights granted to the City by Instrument No. A31045 and renewed by Instrument No.
1444314 respecting the properties described as Part Lots 20 & 21, William Moyer’s
Survey, Plan 390, and municipally known as 192, 196, 200, 204, 208, 212, 216 Stirling
Avenue South and part of the road allowance known as Stirling Avenue South,
Kitchener.”
23.Amendment to Conservation Easement – Rembrandt Developments (Waterloo)
Inc. – 74 Autumn Ridge Trail
Council was in receipt this date of Legal Services report CRPS-01-148 (A. Menon),
dated August 27, 2001.
It was resolved:
“That the Mayor and Clerk be authorized to execute an agreement to amend the terms
of the Conservation Easement given by Rembrandt Developments (Waterloo) Inc. to the
City allowing for the installation of a watermain in the location indicated on the plan
appended to Legal Services report CRPS-01-148, and allowing adjustments of less than
5 metres to the original boundary of the Conservation Easement as approved by the
Manager of Development and Design.”
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APPENDIX ‘1’
MUNICIPAL PLAN AMENDMENT
(NEW COMMERCIAL POLICY STRUCTURE)
AMENDMENT NO. 36 TO THE MUNICIPAL PLAN
OF THE CITY OF KITCHENER
SECTION 1 – TITLE AND COMPONENTS
This Amendment shall be referred to as Amendment No. 36 to the Municipal Plan of the City of
Kitchener. Sections 1 to 4 inclusive of this document shall constitute the Amendment.
SECTION 2 – PURPOSE OF THE AMENDMENT
The purpose of the proposed Municipal Plan Amendment is to introduce a new commercial land use
policy within the City of Kitchener, based on a structure of nodes and corridors.
SECTION 3 – BASIS OF THE AMENDMENT
Background
Over the past several years, the Department of Development and Technical Services has undertaken
a major review of the existing commercial policy structure set out in the City’s Municipal Plan and
Zoning By-law. The primary purpose of this review was to determine what changes were necessary
to ensure that commercial areas in Kitchener continue to be well distributed, in appropriate locations,
and able to accommodate emerging trends in retailing.
In November, 1999, Kitchener City Council adopted the Commercial Policy Review Study, completed
by Royal LePage Strategic Advisory Services and The Planning Partnership. This Study
recommended a revised commercial policy framework that would permit the full range of commercial
land uses at various locations based on a series of “nodes and corridors”. The intent of the
recommended policy framework is to provide for all commercial uses at appropriate locations, allow
for the development of mixed use “nodes” throughout the city, and regulate commercial areas by built
form rather than specific types of commercial uses.
In addition to a new nodal policy, the Commercial Policy Review Study recommended that a more
positive approach to achieving new commercial floor space be introduced. In this regard, it was
recommended that an objective be set in the City’s Municipal Plan to achieve an additional 1.5 million
square feet of commercial space by 2016. It was recognized that this strategy would require the
designation of additional nodes to accommodate future commercial space requirements
Proposed Policy Structure
In keeping with the recommendations of the Commercial Policy Review Study, the proposed new
policy structure is premised upon creating a balanced application of commercial areas throughout the
city, within identified nodes and corridors. A major focus of the new policy is to introduce a series of
mixed use nodes and corridors that allow for the creation of a more compact urban form that
maximizes use of existing infrastructure and more evenly distributes employment opportunities
throughout the city. In this respect, a series of nodes, corridors and other planned commercial areas
will, over time, allow for a more intensive mix of uses that is supportive of public transit service. In
addition, the new policy structure provides for the full range of retail and other commercial uses in
appropriate locations in a non-hierarchical manner, with built form being the primary defining feature
of each type of district.
The proposed new commercial districts are summarized below:
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(NEW COMMERCIAL POLICY STRUCTURE)
Primary Node – is intended to have the largest and most dense concentration of employment,
tourism, residential, entertainment and cultural uses. The Fairway Primary Node is recognized as
the only Primary Node in Kitchener.
Mixed Use Node – are intended to be compact in form and have a balance of commercial, residential
and institutional uses. Mixed Use Nodes primarily serve an inter-neighbourhood market but may
contain some uses having a city-wide orientation. Retail uses may locate in free-standing buildings,
within plazas, or internal to mixed use developments.
Mixed Use Corridor – are intended to provide for commercial, multiple residential and mixed use
redevelopment opportunities along specific corridors in the inner city. Retail uses may locate only
within existing buildings or internal to large mixed use developments.
Planned Commercial Campus – are intended to be planned and designed as a comprehensive
development and accommodate both large and small commercial uses in a campus environment
consisting of individual buildings or plaza groupings. Planned Commercial Campuses generally
maintain a retail or entertainment focus having a city-wide or regional orientation, but may also have a
mix of uses.
Neighbourhood Mixed Use Centre – are intended to provide for appropriately scaled multiple
residential, a limited amount of commercial and institutional uses at locations internal to
neighbourhoods.
Arterial Commercial Corridor – are intended to provide for a range of service type commercial and
light industrial business uses, oriented to the travelling public. Arterial Commercial Corridors are
generally located along primary arterial roads in locations that have historically developed with a
range of auto-oriented, service commercial uses or where substantial redevelopment opportunities
exist. Multiple residential uses may also be permitted in certain locations to provide a transition
between existing arterial commercial land uses and adjacent residential, open space or mixed use
areas.
SECTION 4 – THE AMENDMENT
The Municipal Plan for the City of Kitchener is hereby Amended as follows:
1) Part 1, Section 3.2., “Planning Principles” is amended by deleting Principle 3.2.3 in its entirety
and replacing it with the following new Principle 3.2.3:
“3.2.3While the Fairway Primary Node will continue to be a dominant retail centre in
the City, the City shall also provide for the delivery of good and services within
appropriately located Neighbourhood Mixed Use Centres, Mixed Use Nodes,
Mixed Use Corridors, Arterial Commercial Corridors and Planned Commercial
Campuses. These commercial areas will be planned to facilitate easy access for
pedestrians, cyclists, motorists and transit users. Further, this Plan will seek to
minimize any negative impact of new retail commercial activities on surrounding
land uses and the transportation system.”
2) Part 2, Section 2.3, “Commercial Activities” is deleted in its entirety and replaced with the
following new Section 2.3:
“2.3Commercial Activities
A healthy commercial sector is a critical element of a strong urban economy. Accordingly, it is
a major objective of the City of Kitchener to ensure that commercial areas are well distributed,
easily accessible and adaptable to the demands of the retail industry, particularly in terms of
accommodating emerging trends, new formats and constantly changing consumer
preferences. To achieve this objective, commercial activities will be permitted throughout the
city in a series of commercial designations that are primarily based on nodes and corridors.
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(NEW COMMERCIAL POLICY STRUCTURE)
This commercial structure will provide locations for the full range of commercial activities, as
well multiple residential and institutional uses in a non-hierarchical manner.
A major focus of the City’s efforts will be to ensure that a viable retail presence continues to
exist in the inner city as well as within other designated nodes and corridors. In this respect,
the City of Kitchener strategy will be based on continued support for the Downtown, ensuring
flexibility within commercial designations, providing land use options for commercial property
owners, and regulating by built form rather than type of commercial establishment.
Objectives
i) To provide for a healthy, vibrant and resilient commercial sector, that is adaptable to
change.
ii) To ensure well designed and accessible commercial areas are located at appropriate
locations throughout the city.
iii) To facilitate the provision of an approximate minimum total of 800,000 square metres of
retail commercial space by 2016 throughout the city to meet the current and future
needs of the City’s residents.
iv) To provide for a range of employment, social and multiple housing opportunities
throughout the city.
Policies
2.3.1Commercial Structure
1. The City of Kitchener shall provide for a complete range of retail uses and commercial
services within a series of planned commercial areas located at appropriate locations
throughout the city. These areas are referred to as Primary Node, Mixed Use Node,
Mixed Use Corridor, Planned Commercial Campus, Neighbourhood Mixed Use Centre
and Arterial Commercial Corridor. The boundaries of all planned commercial areas are
designated on Map 5, Land Use.
2. Commercial areas shall be defined primarily by built form and new development will be
planned at densities that are generally supportive of public transit. A major focus of the
City of Kitchener shall be to achieve a high level of urban design and pedestrian
accessibility within these areas.
3. The mixing of commercial and residential uses within both existing and unbuilt
commercial areas is strongly encouraged. To achieve this goal, the City of Kitchener
may consider use of incentives, including increases to commercial floor space limits and
increases to residential density limits.
4. In order to address transitional issues associated with the introduction of a new
commercial framework, the City of Kitchener may on a temporary basis, impose certain
restrictions on new commercial development to protect the planned function of existing
commercial areas. Such restrictions may include the use of holding provisions, the
deletion of specific retail uses or the imposition of maximum floor area regulations.
5. Primary Node – is intended to have the largest and most dense concentrations of
employment, tourism, residential, entertainment and cultural uses. The Fairway Primary
Node area is recognized as the only Primary Node in Kitchener.
6. Mixed Use Node – are intended to be compact in form and have a balance of
commercial, residential and institutional uses. Mixed Use Nodes primarily serve an
inter-neighbourhood market but may contain some uses having a city-wide orientation.
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Retail uses may locate in free-standing buildings, within plazas, or internal to mixed use
developments.
7. Mixed Use Corridor – are intended to provide for commercial, multiple residential and
mixed use redevelopment opportunities along specific corridors in the inner city. Retail
uses may locate only within existing buildings or internal to large mixed use
developments.
8. Planned Commercial Campus – will generally be planned and designed as a
comprehensive development and will accommodate both large and small commercial
uses in a campus environment consisting of individual buildings or plaza groupings.
Planned Commercial Campuses generally maintain a retail or entertainment focus
having a city-wide or regional orientation, but may also have a mix of uses.
9. Neighbourhood Mixed Use Centre – shall provide for appropriately scaled multiple
residential, a limited amount of commercial and institutional uses at locations internal to
neighbourhoods.
10. Arterial Commercial Corridor – shall provide for a range of service type commercial and
light industrial business uses, oriented to the travelling public. Arterial Commercial
Corridors are generally located along primary arterial roads in locations that have
historically developed with a range of auto-oriented, service commercial uses or where
substantial redevelopment opportunities exist. Multiple residential uses may also be
permitted in certain locations to provide a transition between existing arterial
commercial land uses and adjacent residential, open space or mixed use areas.
2.3.2 Comprehensive Planning Studies
1. For any application to designate a new commercial area or to extend the boundary of an
existing commercial area, the City of Kitchener shall require the submission of
comprehensive planning studies, addressing urban design, servicing, traffic impact and
compatibility issues.
2.A comprehensive planning study submitted in accordance with the above shall
specifically address matters such as, but not limited to, the following:
Traffic generation and vehicle storage capacity
-
site access and turning movements
-
transit accessibility
-
road network or operational improvements necessary to accommodate the
-
proposal
urban design concepts for site and buildings
-
compatibility with adjacent land uses
-
availability of services and infrastructure
-
pedestrian accessibility
-
rationale and justification for the proposed new or expanded commercial area
-
balance of commercial and other land uses
-
impact on neighbouring municipalities
-
impact on the overall commercial structure
-
3. An application to designate or expand a new commercial area having a combined total
of more than 15,000 square metres of retail floor space will require the submission of a
Retail Impact Study to be approved by the City of Kitchener and the Regional
Municipality of Waterloo. Such Retail Impact Study shall address potential impacts to
the planned commercial structure of the City of Kitchener and, where appropriate,
abutting municipalities.
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4. Traffic Impact Studies may be required by the Regional Municipality of Waterloo in
conjunction with any application to designate a new planned commercial area or to
extend the boundary of any existing planned commercial area which abuts, or may have
an impact on, the Regional road system.
2.3.3Suburban Office
1. The City of Kitchener shall permit free standing offices; computer, electronic and data
processing businesses; research and development establishments; scientific,
technological or communications establishments; and accessory uses internal to these
buildings to locate in suburban locations that abut or are near major interchanges of the
Provincial Highway System; as well as the Homer Watson Boulevard interchange with
Huron Road. A maximum 0.5 Floor Space Ratio (FSR) shall be applied for these uses.”
3) Part 2, Policy 6.1.2 is amended by deleting the word “Transit” from the phrase “Transit
Corridor” in the heading and in the text.
4) Part 2, Policies 8.3.2.3.i) and 8.3.2.4.ii) are amended by deleting the phrase “Service
Commercial” and replacing it with the new phrase “Planned Commercial Campus”.
5) Part 3, Section 1.v) is deleted in its entirety.
6) Part 3, Section 2, “Nodes and Corridors”, is deleted in its entirety.
7) That Map 6, “Nodes and Transit Corridors”, is deleted in its entirety and replaced with a new
Map 6, “Fairway Primary Node Subdistricts” as shown on the attached Schedule “A” and
inserted immediately following Part 3, Section 4, “Commercial Areas”.
8) Part 3, Section 4, “Commercial Districts”, is deleted in its entirety and replaced with the
following new Section 4, “Commercial Areas”:
4.COMMERCIAL AREAS
“
The City of Kitchener recognizes a series of planned commercial areas throughout the
municipality, based on urban structure. This series of planned commercial areas is intended to
ensure that commercial activities are well distributed, accessible and able to respond to the
needs of the consumer.
4.1Primary Node
The only Primary Node in the city is located along Fairway Road between King Street
East and Courtland Avenue. This area is intended to have both a city-wide and a
regional orientation and will provide for the largest mix and concentration of
employment, tourism, housing and cultural uses.
Permitted uses shall include the full range of commercial uses, including retail,
freestanding office and major entertainment; as well as institutional and medium and
high rise residential uses. Certain uses shall be restricted within specific areas of the
Primary Node in keeping with specific urban design objectives.
The Primary Node is recognized as a major transportation hub within the community
providing both public and private transportation facilities. The City of Kitchener will
seek to build upon the public transportation focus and may require appropriate
pedestrian and public transit facilities with all major development or re-development
proposals within each of the designations.
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(NEW COMMERCIAL POLICY STRUCTURE)
The City of Kitchener shall require adequate vehicle parking associated with all new
development. However consideration may be given to reduced parking requirements or
shared parking arrangements where residential units are proposed within a large mixed
use development or where on-site transit facilities are provided. Underground parking
facilities and parking structures are strongly encouraged with major development or
redevelopment proposals.
A high level of urban design will be expected of all new development in each
designation within the Primary Node. In this respect, the City shall require low
maintenance landscaping, landscaped features within large parking areas, and
appropriate screening and buffering for adjacent residential land uses. Further, a
particular emphasis will be placed on streetscape elements and building mass. In order
to achieve an aesthetic environment and enhance pedestrian accessibility, the City may
require major new developments to locate near to the street through the use of
maximum front yard setbacks or other specific requirements.
The Primary Node shown on Map 6 has four distinct designations, each of which
recognizes groupings of similar uses and attempts to achieve a specific urban design
objective. The specific designations within the Primary Node are as follows:
Fairview Park Mall Retail District
The Fairview Park Mall Retail Node is characterized by the presence of the Fairview
Park Mall shopping center as the dominant land use together with several large retail
buildings and plazas, centered around the intersection of Fairway Road and Wilson
Avenue. Within this district, the full range of commercial land uses, including retail,
freestanding office and major entertainment, shall be permitted. This district shall serve
as a primary shopping and employment area within the city and the region.
With the exception of major or minor expansions to existing buildings, new development
shall be required to orient a portion of the building mass to the street. With the
exception of freestanding office, which shall be restricted to a maximum Floor Space
Ratio of 1.0, there shall be no maximum size restrictions for new permitted uses.
Fairway Road Commercial Corridor
The Fairway Road Commercial Corridor is characterized by a linear concentration of
large retail commercial and entertainment uses, having a city wide or regional
orientation. While fully accessible to automobile traffic, new development shall provide
pedestrian facilities to allow for pedestrian movement along the street, between
buildings, and between the street and buildings. Further, vehicular access points shall
be controlled to minimize disruption to traffic flow and new development may be
required to share common driveways and provide for maneuverability between sites.
Permitted uses within the Fairway Road Commercial Corridor shall include a broad
range of commercial uses, including retail, major entertainment and
conference/convention/exhibition facilities. Permitted uses shall be permitted to locate
within plazas or freestanding buildings. To reduce traffic impacts on the operation of
Fairway Road, maximum size restrictions may be placed upon retail uses within the
implementing zoning by-law. However such size restrictions may be lifted following the
completion and approval of a Traffic Impact Study by the Regional Municipality of
Waterloo and the completion of any required road improvements.
Hotel/Service District
The Hotel/Service District is characterized by the presence of major hotel operations,
restaurants and other service type uses, many of which are oriented to the tourism
industry. Permitted uses include a broad range of commercial uses, including but not
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(NEW COMMERCIAL POLICY STRUCTURE)
limited to, restaurants, hotels, motels, conference/convention/exhibition facilities as well
as personal services and institutional uses. Commercial entertainment shall also be
permitted as an accessory use within hotels, motels or restaurants.
All types of retail shall be permitted within small outlets located internal to a large hotel
or institutional development and within plazas existing on (date of adoption).
Kingsway Multiple Residential Corridor
The Kingsway Multiple Residential Corridor is characterized by a linear concentration of
medium and high rise multiple residential development along Kingsway Drive and
Wilson Avenue. New multiple residential development shall be permitted subject to a
minimum Floor Space Ratio of 1.0 and a maximum Floor Space Ratio of 4.0.
Certain non-residential uses such as day care facilities, compatible institutional uses,
large residential care facilities, convenience retail and personal services shall be
permitted within freestanding buildings and internal to multiple residential developments.
New development within the Kingsway Multiple Residential Corridor shall provide
pedestrian facilities to allow for pedestrian movement along the street, between
buildings, and between the street and buildings.
4.2Mixed Use Node
Mixed Use Nodes are distributed throughout the city and are primarily located near or
around major intersections of the arterial road system. These nodes are intended to
serve an inter-neighbourhood function and will allow for intensive, transit supportive
development in a compact form. It is intended that the Mixed Use Nodes will intensify
and provide a balanced distribution of commercial, multiple residential and institutional
uses. Individual properties within Mixed Use Nodes shall be zoned to achieve this
balanced distribution of uses.
The full range of commercial uses shall be permitted, including retail, neighbourhood
level entertainment, and freestanding office. The full range of institutional uses as well
as medium and high rise residential uses shall also be permitted.
To achieve a built form that is both pedestrian oriented and compatible with surrounding
low rise residential development, the size of retail establishments shall be regulated. In
this respect, any retail outlets located within a plaza or internal to a major mixed use
development shall have no maximum size restriction. With the exception of food stores,
retail uses located within freestanding buildings will be restricted to a maximum size of
5,000 square metres. All other retail uses legally existing on (date of adoption) shall be
recognized and shall be permitted to expand on the existing lot by a maximum of 25
percent.
Mixed Use Nodes generally have strong pedestrian linkages with the surrounding
residential neighbourhoods. To strengthen these linkages, new development may be
required to orient a portion of the building mass to the street, provide onsite pedestrian
facilities and pedestrian connections to abutting developments or off-site transit
facilities. To achieve this objective, the City of Kitchener may also impose maximum
front yard setbacks, limit vehicular parking between the building façade and the street,
and will require specific façade treatments such as window or door openings and
minimization of blank walls.
Mixed use developments, particularly those with a residential component, are strongly
encouraged. To encourage the provision of residential units within commercial
developments, the City may consider incentives such as reduced parking requirements
or shared parking arrangements between residential and commercial/institutional uses.
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MUNICIPAL PLAN AMENDMENT
(NEW COMMERCIAL POLICY STRUCTURE)
New development shall be compatible with surrounding residential neighborhoods and
will be of an appropriate height and density in relation to adjacent low rise residential
development. In locations that immediately abut low rise residential land uses, new
development shall be permitted having a maximum Floor Space Ratio ranging between
0.6 and 2.0. However, new development may be permitted to exceed this maximum
Floor Space Ratio in locations which abut arterial or major collector roads, are well
separated from low rise residential development and have adequate municipal
infrastructure. In such cases, the City of Kitchener may impose a minimum Floor Space
Ratio of 1.0 and a maximum Floor Space Ratio of 4.0.
4.3Mixed Use Corridor
Mixed Use Corridors are linear in form and recognize the evolution of uses along major
corridors in the inner city. These corridors are primarily intended to serve the adjacent
residential neighbourhoods and employment areas and allow for intensive, transit
supportive development. Mixed Use Corridors provide residential redevelopment
opportunities together with appropriate commercial and institutional uses that primarily
serve adjacent residential neighbourhoods. Over time it is intended that the Mixed Use
Corridors shall intensify and provide a balanced distribution of commercial, multiple
residential and institutional uses. Individual properties within Mixed Use Corridors shall
be zoned to achieve this distribution of uses.
A broad range of commercial uses shall be permitted, including freestanding office and
small retail. The full range of institutional uses as well as multiple residential uses shall
also be permitted. To achieve a built form that is compatible with surrounding low rise
residential development, is pedestrian oriented and allows for a balanced distribution of
retailing outside of other commercial nodes, the size of retail establishments shall be
regulated. In this respect, retail uses shall be permitted to have a maximum gross floor
area of 1,000 square metres and shall only locate within existing buildings or internal to
large mixed use developments. All other retail uses legally existing on (date of
adoption) shall be recognized and shall be permitted to expand on the existing lot by a
maximum of 25 percent.
Mixed Use Corridors generally have strong pedestrian linkages with the surrounding
residential neighbourhoods. To strengthen these linkages, new development may be
required to orient a portion of the building mass to the street, provide onsite pedestrian
facilities and pedestrian connections to abutting developments or off-site transit
facilities. To achieve this objective, the City of Kitchener may also impose maximum
front yard setbacks, limit vehicular parking between the building façade and the street,
and will require specific façade treatments such as window or door openings and
minimization of blank walls.
New development shall be compatible with surrounding residential neighborhoods and
will be of an appropriate height and density in relation to adjacent low rise residential
development. In locations that immediately abut low rise residential land uses, new
development shall be permitted having a maximum Floor Space Ratio ranging between
0.6 and 2.0. However, new development may be permitted to exceed this maximum
Floor Space Ratio in locations which abut arterial or major collector roads, are well
separated from low rise residential development and have adequate municipal
infrastructure. In such cases, the City of Kitchener may impose a minimum Floor Space
Ratio of 1.0 and a maximum Floor Space Ratio of 4.0.
Notwithstanding the above, new residential development shall not be permitted within
the Mixed Use Corridor along Victoria Street North, where it abuts the main CN Railway
line.
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(NEW COMMERCIAL POLICY STRUCTURE)
4.4 Planned Commercial Campus
Planned Commercial Campuses are large concentrations of commercial and
entertainment uses that are planned to function as a unit and are intended to
accommodate large retail uses in a campus environment consisting of individual
buildings or plaza groupings. Planned Commercial Campuses have a city-wide or a
regional orientation and are located near or adjacent to the provincial highway system.
Planned Commercial Campuses shall permit a broad range of commercial uses,
including retail, freestanding office to a maximum Floor Space Ratio of 0.5, major
entertainment, conference/convention/exhibition facilities. Permitted uses may be
located within plazas or freestanding buildings.
The full range of retail uses shall be permitted within Planned Commercial Campuses.
Individual retail outlets shall generally be restricted to those having a minimum size of
1,500 square metres. A certain amount of small retail establishments may be permitted,
based on either a percentage of the overall gross floor area within a particular Planned
Commercial Campus or on other factors such as lot size and configuration. All other
retail uses legally existing on (date of adoption) shall be recognized and shall be
permitted to expand on the existing lot.
Planned Commercial Campuses are primarily automobile oriented but will also provide
for the integration of public transit. The City of Kitchener may consider encouraging on
or off-site transit facilities and requiring appropriate pedestrian facilities that provide for
pedestrian movement along the street, between buildings and between buildings and
the street.
A high level of urban design shall be expected within Planned Commercial Campuses.
To achieve a high quality, comfortable and aesthetic urban environment, the City of
Kitchener shall require low maintenance landscaping, landscaped features within large
parking areas, and appropriate screening and buffering for adjacent residential land
uses In addition, the City shall regulate the massing and placement of buildings as well
as the construction and location of on-site service facilities such as garbage enclosures
and loading areas.
While fully accommodating automobile traffic, new development shall provide
pedestrian facilities to allow for pedestrian movement along the street, between
buildings, and between the street and buildings. To reduce traffic impacts on abutting
streets, vehicular access points shall be controlled to minimize disruption to traffic flow
and new development may be required to share common driveways and provide for
maneuverability between sites.
4.5Neighbourhood Mixed Use Centre
Neighbourhood Mixed Use Centres are intended to serve as neighbourhood focal
points, providing locations for the mixing of appropriately scaled multiple residential,
commercial and institutional uses. Neighbourhood Mixed Use Centres are primarily
intended to meet the day to day convenience or service-oriented needs of the
surrounding residential areas. Neighbourhood Mixed Use Centres shall also fulfill a role
in providing incubator space for small scale commercial enterprises.
A broad range of commercial and institutional uses shall be permitted, including office,
health facilities, personal services, and small retail uses permitted within Neighbourhood
Mixed Use Centres. To achieve a built form that is compatible with surrounding low rise
residential development and is pedestrian oriented, commercial space shall be limited.
In this respect, an overall maximum of 7,000 square metres of commercial space shall
be permitted within a Neighbourhood Mixed Use Centre and individual retail commercial
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outlet shall only be permitted to have a maximum gross floor area of 3,500 square
metres.
Neighbourhood Mixed Use Centres are generally served by public transit and have
strong pedestrian linkages with the surrounding residential community. To build upon
this strong pedestrian and public transit orientation, the City of Kitchener will require
appropriate and adequate pedestrian facilities, maximum front yard setbacks and
specific facade treatments.
Within Neighbourhood Mixed Use Centres, the conversion or redevelopment of existing
retail space to other community, institutional or multiple residential uses is strongly
encouraged. Multiple residential uses shall be permitted subject to a maximum Floor
Space Ratio of 1.0.
4.6Arterial Commercial Corridor
Arterial Commercial Corridors provide for a broad range of commercial and industrial
business uses, including free-standing offices. Arterial Commercial Corridors are
predominantly automobile oriented and are generally located along primary arterial
roads. These corridors are characterized by the presence of substantial redevelopment
opportunities and have historically developed with a range of service type uses relating
to the sale or servicing of automobiles or major recreational equipment. Arterial
Commercial Corridors also provide opportunities for the location of businesses that
cater to the needs of the tourism industry.
Permitted uses within Arterial Commercial Corridors generally provide a specialized
product or service to persons coming specifically to the premises to do business; rely on
business from and exposure to the travelling public; require accessibility to a well-
populated market area; are best located on a Primary or Secondary Arterial Road; and,
due to the characteristics of the operation, should not generally be required to locate
within an industrial area.
Arterial Commercial Corridors will provide locations for service type uses such as
hotels, motels, conference/convention/exhibition facilities, amusement parks, vehicle
and recreational equipment sales/rental and service, automobile service stations and
restaurants. Commercial entertainment uses shall also be permitted as an accessory
use within a hotel, motel, restaurant or planned commercial recreation complex.
Other types of retail uses will be permitted if they are accessory to a warehouse,
storage or distribution facility; they form part of an establishment relating to the servicing
of motor vehicles or major recreational equipment; or, they require large enclosed or
open storage areas to sell bulky, space intensive goods. However, convenience
commercial and personal services shall be permitted.
Arterial Commercial Corridors will permit a limited range of industrial uses such as
warehousing, wholesaling and contractor’s establishment. With the exception of
craftsman shops used for the production of handmade or custom commodities,
industrial uses that engage in on-site manufacturing or processing shall not be
permitted. Manufacturing uses shall be permitted on specific properties zoned to permit
manufacturing on (date of adoption).
In order to provide for a transition of land uses between existing arterial commercial
development and adjacent medium or high rise residential, open space or mixed use
areas, appropriately scaled multiple residential development may be permitted, having a
minimum Floor Space Ratio of 1.0 and a maximum Floor Space Ratio of 4.0. Where
permitted, multiple residential development may locate in free standing buildings or in
mixed use buildings with other compatible arterial commercial uses. However, multiple
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residential uses may not be permitted in locations immediately adjacent to
manufacturing operations or other incompatible arterial commercial land uses.
To reduce traffic impacts on abutting streets, vehicular access points shall be controlled
to minimize disruption to traffic flow and new development may be required to share
common driveways and provide for maneuverability between sites.
To achieve compatibility between Arterial Commercial Corridors and adjacent
residential land uses, the City of Kitchener will impose appropriate urban design
requirements affecting site landscaping, the massing and placement of buildings, and
the construction and location of on-site service facilities such as garbage enclosures
and loading areas.
9) Map 5 is amended by deleting all “Regional Shopping Centre”, “Community Commercial”,
“Neighbourhood Commercial”, “Service Commercial” and “Highway Commercial” districts and
replacing them with the new land use districts as shown on the attached Schedule “B”, “Map 5
Land Use Plan”.
10) Part 3, Section 5.1.7.i) is amended by deleting the phrase “Service Commercial area” and
replacing it with the new phrase “Arterial Commercial Corridor.”
11) That Part 3, Section 12, “Special Policies”, is amended as follows:
a) Special Policy 2, “Courtland Avenue” is amended by deleting the phrase “Service
Commercial” and replacing it with the new phrase “Arterial Commercial Corridor”.
b) Special Policy 4, “King/Victoria” is amended by deleting the phrase “Service
Commercial” and replacing it with the new phrase “Downtown and Mixed Use Corridor”.
c) Special Policy 6, “Pioneer Tower East” is amended by deleting the phrase “Service
Commercial” in subsection v) and replacing it with the new phrase “Planned
Commercial Campus”.
d) Special Policy 7, “Pioneer Tower West” is amended by deleting the phrases “Service
Commercial” in subsections xvix), xx), xxi), xxii) and xxiii), and replacing them with the
new phrase “Planned Commercial Campus”.
e) Special Policy 8, “Westmount and Ottawa”, Special Policy 11, “Victoria and Park Street”
and Special Policy 12, “Emmanuel bible College”, are deleted in their entirety.
f) Special Policy 20, “Lackner/Fairway Road” is deleted in its entirety and replaced with
the following revised Special Policy 20:
“20.Notwithstanding the High Rise Residential Land Use designation on the land
fronting on Lackner Boulevard and Fairway Road the Floor Area Ratio shall be
no less than 1.0 and no more than 4.0 and the net residential density shall be no
less than 66 units per hectare.”
g) Special Policy 27, “Southwest Corner of Ottawa Street and Alpine Road”; Special Policy
28, “4355 King Street East”; Special Policy 30, “507 Frederick Street & 18 Becker
Street”; and Special Policy 31, “245 Strasburg Road”, are deleted in their entirety.
12) That Map 8, “Special Policy Areas”, is amended as follows:
a) deleting Special Policy Areas 8, 11, 12, 27, 28, 30 and 31, and
b) deleting the corresponding Special Policies in the Legend indicated as “Westmount and
Ottawa”, “Victoria and Park Street”, “Emmanuel Bible College”, “Southwest Corner of
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(NEW COMMERCIAL POLICY STRUCTURE)
Ottawa Street and Alpine Road”, “4355 King Street East”, “507 Frederick Street & 18
Becker Street” and “245 Strasburg Road” respectively, as shown on attached Schedule
“C”, “Map 8, Special Policy Areas”.
13) That Part 3, Section 13.1, Civic Centre Secondary Plan, is amended as follows:
a) Section 13.1.2.7 be amended by:
i) deleting the first paragraph and replacing it with the following revised paragraph:
“The Medium Density Commercial-Residential designation applies to certain
properties fronting onto Queen Street North between Weber Street and Margaret
Avenue. The aim of this designation is both to provide a buffer between the Low-
Rise Residential-Preservation designation which applies to the interior of the
neighbourhood and Queen Street North and MacKenzie King Square, and to
provide commercial and residential development up to a maximum density of 200
units per hectare.”
ii) deleting the forth paragraph and replacing it with the following revised paragraph:
“Conversion to office or commercial uses or redevelopment within this
designation shall front onto and obtain access from Queen Street North only.
Any redevelopment should be of a height, siting and design which will prevent it
from encroaching on lower density dwellings located on Ahrens Street.”
b) Section 13.1.2.8, is amended by:
i) deleting the first paragraph, first sentence, and replacing it with the following
revised sentence:
“The High Density Commercial Residential designation applies to properties
fronting onto Weber Street between College Street and the St. Andrews
Presbyterian Church, certain properties on the south side of Roy Street, and to
certain properties on Young and College Streets south of the westerly projection
of Roy Street, all as shown on Map 9. …”
ii) deleting the third paragraph and replacing it with the following revised paragraph:
“Redevelopment within this designation must obtain access from Weber Street
only, and the provision of underground parking is encouraged in all
redevelopment proposals.”
c) Section 13.1.2.9, “Service Commercial”, is deleted in its entirety and replaced with the
following new Section 13.1.2.9, “Mixed Use Corridor:
“9.Mixed Use Corridor
Mixed Use Corridors are linear in form and recognize the evolution of uses along
major corridors in the inner city. These corridors are primarily intended to serve
the adjacent residential neighbourhoods and employment areas and allow for
intensive, transit supportive development. Mixed Use Corridors provide
residential redevelopment opportunities together with appropriate commercial
and institutional uses that primarily serve adjacent residential neighbourhoods.
Over time it is intended that the Mixed Use Corridors shall intensify and provide a
balanced distribution of commercial, multiple residential and institutional uses.
Individual properties within Mixed Use Corridors shall be zoned to achieve this
distribution of uses.
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A broad range of commercial uses shall be permitted, including freestanding
office and small retail. The full range of institutional uses as well as multiple
residential uses shall also be permitted. To achieve a built form that is
compatible with surrounding low rise residential development, is pedestrian
oriented and allows for a balanced distribution of retailing outside of other
commercial nodes, the size of retail establishments shall be regulated. In this
respect, retail uses shall be permitted to have a maximum gross floor area of
1,000 square metres and shall only locate within existing buildings or internal to
large mixed use developments. All other retail uses legally existing on (date of
adoption) shall be recognized and shall be permitted to expand on the existing lot
by a maximum of 25 percent.
Mixed Use Corridors generally have strong pedestrian linkages with the
surrounding residential neighbourhoods. To strengthen these linkages, new
development may be required to orient a portion of the building mass to the
street, provide onsite pedestrian facilities and pedestrian connections to abutting
developments or off-site transit facilities. To achieve this objective, the City of
Kitchener may also impose maximum front yard setbacks, limit vehicular parking
between the building façade and the street, and will require specific façade
treatments such as window or door openings and minimization of blank walls.
New development shall be compatible with surrounding residential
neighborhoods and will be of an appropriate height and density in relation to
adjacent low rise residential development. In locations that immediately abut low
rise residential land uses, new development shall be permitted having a
maximum Floor Space Ratio ranging between 0.6 and 2.0. However, new
development may be permitted to exceed this maximum Floor Space Ratio in
locations which abut arterial or major collector roads, are well separated from low
rise residential development and have adequate municipal infrastructure. In such
cases, the City of Kitchener may impose a minimum Floor Space Ratio of 1.0
and a maximum Floor Space Ratio of 4.0.”
d) Section 13.1.3.2 is amended by deleting the first paragraph and replacing it with the
following revised paragraph:
“Notwithstanding the High Density Commercial Residential designation on the
properties located at 102, 106, 107, and 109 Young Street, 95, 99, 103 and 109 College
Street, and the Mixed Use Corridor designation on the properties located at 94, 98 and
102 College Street, and 95-97 Ahrens Street, redevelopment of those properties will be
accomplished by a holding category being applied to such properties in the Zoning By-
law. …”
e) Section 13.1.3.3 is amended by deleting the phrase “Medium Density Commercial
Residential” and replacing it with the new phrase “Mixed Use Corridor”;
f) Section 13.1.3.4 is amended by deleting the phrase “Service Commercial” and replacing
it with the new phrase “Mixed Use Corridor”;
g) Section 13.1.3.7 is deleted in its entirety; and,
h) Map 9, Civic Centre Neighbourhood Secondary Plan, is amended by the following:
i) deleting special policy area “7”; and,
ii) deleting all “Service Commercial” designations; the “Medium Density Commercial
Residential” designation of properties fronting onto Victoria Street North between
Ahrens Street and Ellen Street West; and, the “High Density Commercial
Residential” designation of properties fronting onto Weber Street between
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(NEW COMMERCIAL POLICY STRUCTURE)
Victoria Street North and College Street, Water Street and the south side of
Ahrens Street, and re-designating them with the new “Mixed Use Corridor”
designation as shown on the attached Schedule “D”, “Map 9, Civic Centre
Neighbourhood Secondary Plan”.
14) That Part 3, Section 13.2, King Street East Secondary Plan, is amended as follows:
a) Section 13.2.2.6, “Neighbourhood Commercial”, be deleted in its entirety and replaced
with the following new Section 13.2.2.6, “Neighbourhood Mixed Use Centre”:
“6.Neighbourhood Mixed Use Centre
Neighbourhood Mixed Use Centres are intended to serve as neighbourhood focal
points, providing locations for the mixing of appropriately scaled multiple
residential, commercial and institutional uses. Neighbourhood Mixed Use
Centres are primarily intended to meet the day to day convenience or service-
oriented needs of the surrounding residential areas. Neighbourhood Mixed Use
Centres shall also fulfill a role in providing incubator space for small scale
commercial enterprises.
A broad range of commercial and institutional uses shall be permitted, including
office, health facilities, personal services, and small retail uses permitted within
Neighbourhood Mixed Use Centres. To achieve a built form that is compatible
with surrounding low rise residential development and is pedestrian oriented,
commercial space shall be limited. In this respect, an overall maximum of 7,000
square metres of commercial space shall be permitted within a Neighbourhood
Mixed Use Centre and individual retail commercial outlet shall be permitted to
have a maximum gross floor area of 3,500 square metres.
Neighbourhood Mixed Use Centres are generally served by public transit and
have strong pedestrian linkages with the surrounding residential community. To
build upon this strong pedestrian and public transit orientation, the City of
Kitchener will require appropriate and adequate pedestrian facilities, maximum
front yard setbacks and specific facade treatments.
Within Neighbourhood Mixed Use Centres, the conversion or redevelopment of
existing retail space to other community, institutional or multiple residential uses
is strongly encouraged. Multiple residential uses shall be permitted subject to a
maximum Floor Space Ratio of 1.0.”
b) Section 13.2.2.7, “Service Commercial”, is deleted in its entirety and replaced with the
following new Section 13.2.2.7, “Mixed Use Corridor”:
“7.Mixed Use Corridor
Mixed Use Corridors are linear in form and recognize the evolution of uses along
major corridors in the inner city. These corridors are primarily intended to serve
the adjacent residential neighbourhoods and employment areas and allow for
intensive, transit supportive development. Mixed Use Corridors provide
residential redevelopment opportunities together with appropriate commercial
and institutional uses that primarily serve adjacent residential neighbourhoods.
Over time it is intended that the Mixed Use Corridors shall intensify and provide a
balanced distribution of commercial, multiple residential and institutional uses.
Individual properties within Mixed Use Corridors shall be zoned to achieve this
distribution of uses.
A broad range of commercial uses shall be permitted, including freestanding
office and small retail. The full range of institutional uses as well as multiple
residential uses shall also be permitted. To achieve a built form that is
compatible with surrounding low rise residential development, is pedestrian
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oriented and allows for a balanced distribution of retailing outside of other
commercial nodes, the size of retail establishments shall be regulated. In this
respect, retail uses shall be permitted to have a maximum gross floor area of
1,000 square metres and shall only locate within existing buildings or internal to
large mixed use developments. All other retail uses legally existing on (date of
adoption) shall be recognized and shall be permitted to expand on the existing lot
by a maximum of 25 percent.
Mixed Use Corridors generally have strong pedestrian linkages with the
surrounding residential neighbourhoods. To strengthen these linkages, new
development may be required to orient a portion of the building mass to the
street, provide onsite pedestrian facilities and pedestrian connections to abutting
developments or off-site transit facilities. To achieve this objective, the City of
Kitchener may also impose maximum front yard setbacks, limit vehicular parking
between the building façade and the street, and will require specific façade
treatments such as window or door openings and minimization of blank walls.
New development shall be compatible with surrounding residential
neighborhoods and will be of an appropriate height and density in relation to
adjacent low rise residential development. In locations that immediately abut low
rise residential land uses, new development shall be permitted having a
maximum Floor Space Ratio ranging between 0.6 and 2.0. However, new
development may be permitted to exceed this maximum Floor Space Ratio in
locations which abut arterial or major collector roads, are well separated from low
rise residential development and have adequate municipal infrastructure. In such
cases, the City of Kitchener may impose a minimum Floor Space Ratio of 1.0
and a maximum Floor Space Ratio of 4.0.”
c) Policy 13.2.3.1 is amended as follows:
i) deleting the phrase “Service Commercial” in the forst paragraph and replacing it
with the new phrase “Mixed Use Corridor”;
ii) deleting the phrase “Service Commercial in the third sentence of the third
paragraph and replacing it with the new phrase “Mixed Use Corridor”; and
iii) deleting the seventh paragraph in its entirety.
d) Policy 13.2.3.3 is amended by deleting the phrase “Neighbourhood Commercial land
use” and replacing it with the new phrase “Neighbourhood Mixed Use Centre”;
e) Policy 13.2.3.4 is deleted in its entirety; and,
f) Map 10, King Street East Neighbourhood Secondary Plan, is amended by the following:
i) deleting special policy area “4”;
ii) deleting all “Service Commercial” designations and re-designating them with the
new “Mixed Use Corridor” designation as shown on the attached Map 10, King
Street East Neighbourhood Secondary Plan; and,
iii) deleting the “Neighbourhood Commercial” designation bounded by Crescent
Street, Ottawa Street, and the rear lots lines of the properties along Weber Street
East and Onward Drive, and re-designating them with the new “Neighbourhood
Mixed Use Centre” designation, respectively, as shown on the attached Schedule
“E”, “Map 10, King Street East Neighbourhood Secondary Plan”.
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15) Part 3, Section 13.3, Cedar Hill Secondary Plan, is amended as follows:
a) Policy 13.3.1.6 is deleted and replaced with the following new Policy 13.3.1.6:
“6.Settlement Pattern Policy Area “B” of the Regional Official Policies Plan as it
applies to the Cedar Hill neighbourhood Constitutes those areas of the
neighbourhood which have been designated High Density Commercial-
Residential, General Industrial, Medium Density Commercial-Residential,
Medium Density Multiple Residential and Mixed Use Corridor which are shown
on Map 11.”
b) Policy 13.3.3.13, is added as a new Land Use Category in the Cedar Hill Secondary
Plan with the designation “Mixed Use Corridor”:
“13.Mixed Use Corridor
Mixed Use Corridors are linear in form and recognize the evolution of uses along
major corridors in the inner city. These corridors are primarily intended to serve
the adjacent residential neighbourhoods and employment areas and allow for
intensive, transit supportive development. Mixed Use Corridors provide
residential redevelopment opportunities together with appropriate commercial
and institutional uses that primarily serve adjacent residential neighbourhoods.
Over time it is intended that the Mixed Use Corridors shall intensify and provide a
balanced distribution of commercial, multiple residential and institutional uses.
Individual properties within Mixed Use Corridors shall be zoned to achieve this
distribution of uses.
A broad range of commercial uses shall be permitted, including freestanding
office and small retail. The full range of institutional uses as well as multiple
residential uses shall also be permitted. To achieve a built form that is
compatible with surrounding low rise residential development, is pedestrian
oriented and allows for a balanced distribution of retailing outside of other
commercial nodes, the size of retail establishments shall be regulated. In this
respect, retail uses shall be permitted to have a maximum gross floor area of
1,000 square metres and shall only locate within existing buildings or internal to
large mixed use developments. All other retail uses legally existing on (date of
adoption) shall be recognized and shall be permitted to expand on the existing lot
by a maximum of 25 percent.
Mixed Use Corridors generally have strong pedestrian linkages with the
surrounding residential neighbourhoods. To strengthen these linkages, new
development may be required to orient a portion of the building mass to the
street, provide onsite pedestrian facilities and pedestrian connections to abutting
developments or off-site transit facilities. To achieve this objective, the City of
Kitchener may also impose maximum front yard setbacks, limit vehicular parking
between the building façade and the street, and will require specific façade
treatments such as window or door openings and minimization of blank walls.
New development shall be compatible with surrounding residential
neighborhoods and will be of an appropriate height and density in relation to
adjacent low rise residential development. In locations that immediately abut low
rise residential land uses, new development shall be permitted having a
maximum Floor Space Ratio ranging between 0.6 and 2.0. However, new
development may be permitted to exceed this maximum Floor Space Ratio in
locations which abut arterial or major collector roads, are well separated from low
rise residential development and have adequate municipal infrastructure. In such
cases, the City of Kitchener may impose a minimum Floor Space Ratio of 1.0
and a maximum Floor Space Ratio of 4.0.”
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(NEW COMMERCIAL POLICY STRUCTURE)
c) Map 11, Cedar Hill Neighbourhood Secondary Plan, is amended by deleting the “High
Density Commercial Residential” designation bounded by Queen Street West, George
Street, Clemens Lane and Cedar Hill Boundary Line, and re-designating it with the new
“Mixed Use Corridor” designation, as shown on the attached Schedule “F”, “Map 11,
Cedar Hill Neighbourhood Secondary Plan”.
16) Part 3, Section 13.4, Mill Courtland-Woodside Park Secondary Plan, is amended as follows:
a) Policy 13.4.1.5 is deleted and replaced with the following new Policy 12.4.1.5:
“5.Settlement Policy Area “B” of the Regional Official Policies Plan as it applies to
the Mill Courtland-Woodside Park Neighbourhood constitutes the area bounded
by Queen Street, Courtland Avenue and the extent of the medium Density
Commercial Residential, High Density Commercial Residential and Mixed Use
Corridor designations within the Neighbourhood, as shown on Map 12.”
b) Policy 13.4.2.2 be deleted and replaced with the following revised Policy 13.4.2.2:
“2.Underground parking facilities will be permitted within the flood fringe in the
Medium Density Commercial Residential and Mixed Use Corridor designations
provided that such underground parking facility is floodproofed to the Regulatory
Flood elevation and safe access is maintained during times of severe flooding.”
c) Policy 13.4.3.6, “Neighbourhood Commercial”, is deleted in its entirety and replaced
with the following new Policy 13.4.3.6, “Neighbourhood Mixed Use Centre”:
“6.Neighbourhood Mixed Use Centre
Neighbourhood Mixed Use Centres are intended to serve as neighbourhood focal
points, providing locations for the mixing of appropriately scaled multiple
residential, commercial and institutional uses. Neighbourhood Mixed Use
Centres are primarily intended to meet the day to day convenience or service-
oriented needs of the surrounding residential areas. Neighbourhood Mixed Use
Centres shall also fulfill a role in providing incubator space for small scale
commercial enterprises.
A broad range of commercial and institutional uses shall be permitted, including
office, health facilities, personal services, and small retail uses permitted within
Neighbourhood Mixed Use Centres. To achieve a built form that is compatible
with surrounding low rise residential development and is pedestrian oriented,
commercial space shall be limited. In this respect, an overall maximum of 7,000
square metres of commercial space shall be permitted within a Neighbourhood
Mixed Use Centre and individual retail commercial outlet shall be permitted to
have a maximum gross floor area of 3,500 square metres.
Neighbourhood Mixed Use Centres are generally served by public transit and
have strong pedestrian linkages with the surrounding residential community. To
build upon this strong pedestrian and public transit orientation, the City of
Kitchener will require appropriate and adequate pedestrian facilities, maximum
front yard setbacks and specific facade treatments.
Within Neighbourhood Mixed Use Centres, the conversion or redevelopment of
existing retail space to other community, institutional or multiple residential uses
is strongly encouraged. Multiple residential uses shall be permitted subject to a
maximum Floor Space Ratio of 1.0.”
d) Policy 13.4.3.14 is added as a new Land Use Category in the Mill Courtland-Woodside
Park Secondary Plan with the designation “Mixed Use Corridor”:
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(NEW COMMERCIAL POLICY STRUCTURE)
“14.Mixed Use Corridor
Mixed Use Corridors are linear in form and recognize the evolution of uses along
major corridors in the inner city. These corridors are primarily intended to serve
the adjacent residential neighbourhoods and employment areas and allow for
intensive, transit supportive development. Mixed Use Corridors provide
residential redevelopment opportunities together with appropriate commercial
and institutional uses that primarily serve adjacent residential neighbourhoods.
Over time it is intended that the Mixed Use Corridors shall intensify and provide a
balanced distribution of commercial, multiple residential and institutional uses.
Individual properties within Mixed Use Corridors shall be zoned to achieve this
distribution of uses.
A broad range of commercial uses shall be permitted, including freestanding
office and small retail. The full range of institutional uses as well as multiple
residential uses shall also be permitted. To achieve a built form that is
compatible with surrounding low rise residential development, is pedestrian
oriented and allows for a balanced distribution of retailing outside of other
commercial nodes, the size of retail establishments shall be regulated. In this
respect, retail uses shall be permitted to have a maximum gross floor area of
1,000 square metres and shall only locate within existing buildings or internal to
large mixed use developments. All other retail uses legally existing on (date of
adoption) shall be recognized and shall be permitted to expand on the existing lot
by a maximum of 25 percent.
Mixed Use Corridors generally have strong pedestrian linkages with the
surrounding residential neighbourhoods. To strengthen these linkages, new
development may be required to orient a portion of the building mass to the
street, provide onsite pedestrian facilities and pedestrian connections to abutting
developments or off-site transit facilities. To achieve this objective, the City of
Kitchener may also impose maximum front yard setbacks, limit vehicular parking
between the building façade and the street, and will require specific façade
treatments such as window or door openings and minimization of blank walls.
New development shall be compatible with surrounding residential
neighborhoods and will be of an appropriate height and density in relation to
adjacent low rise residential development. In locations that immediately abut low
rise residential land uses, new development shall be permitted having a
maximum Floor Space Ratio ranging between 0.6 and 2.0. However, new
development may be permitted to exceed this maximum Floor Space Ratio in
locations which abut arterial or major collector roads, are well separated from low
rise residential development and have adequate municipal infrastructure. In such
cases, the City of Kitchener may impose a minimum Floor Space Ratio of 1.0
and a maximum Floor Space Ratio of 4.0.”
e) Policy 13.4.4.7 is amended by deleting the first sentence of the first paragraph,, and
replacing it with the following revised sentence:
“Notwithstanding the Medium Density Commercial Residential and Mixed Use Corridor
designations, a Holding Provision shall apply to certain properties fronting onto Queen
Street South and Benton Street in the immediate vicinity of the proposed Queen-Benton
Diversion as identified in the Zoning By-law. …”
f) Map 12, Mill Courtland-Woodside Park Neighbourhood Secondary Plan, is amended as
follows:
i) deleting all “Neighborhood Commercial” designations and re-designating them
with the new “Neighbourhood Mixed Use Centre” designation, as shown on the
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(NEW COMMERCIAL POLICY STRUCTURE)
attached Schedule “G”, “Map 12, Mill Courtland-Woodside Park Neighbourhood
Secondary Plan”; and,
ii) deleting the “Medium Density Commercial Residential” designation bounded by
the properties fronting onto Queen Street South between Courtland Avenue and
the C.N. Rail line, and properties fronting onto Courtland Avenue between Queen
Street South and Clemens Lane; and, the “Medium Density Multiple Residential”
designation bounded by Queen Street South, Courtland Avenue, Clemens Lane
and the Mill Courtland-Woodside Park Boundary Line, and re-designating them
with the new “Mixed Use Corridor” designation, as shown on the attached
Schedule “G”, “Map 12, Mill Courtland-Woodside Park Neighbourhood
Secondary Plan”.
17) Part 3, Section 13.5, Victoria Park Secondary Plan, is amended as follows:
a) Policy 13.5.1.5 be amended by deleting it and replacing it with the following new Policy
13.5.1.5:
“5.Settlement Pattern Policy Area “B” of the Regional Official Policies Plan as it
applies to Victoria Park neighbourhood constitutes those areas which have been
designated Medium Density Multiple Residential and Mixed Use Corridor, and
are contained within the boundary as shown on Map 14.”
b) Policy 13.5.2.2 be amended by replacing the phrase “Service Commercial” with the new
phrase “Mixed Use Corridor”;
c) Policy 13.5.3.6, “Low Density Commercial Residential”, is deleted in its entirety and
replaced with the following new Policy 13.5.3.6, “Mixed Use Corridor”:
“6.Mixed Use Corridor
Mixed Use Corridors are linear in form and recognize the evolution of uses along
major corridors in the inner city. These corridors are primarily intended to serve
the adjacent residential neighbourhoods and employment areas and allow for
intensive, transit supportive development. Mixed Use Corridors provide
residential redevelopment opportunities together with appropriate commercial
and institutional uses that primarily serve adjacent residential neighbourhoods.
Over time it is intended that the Mixed Use Corridors shall intensify and provide a
balanced distribution of commercial, multiple residential and institutional uses.
Individual properties within Mixed Use Corridors shall be zoned to achieve this
distribution of uses.
A broad range of commercial uses shall be permitted, including freestanding
office and small retail. The full range of institutional uses as well as multiple
residential uses shall also be permitted. To achieve a built form that is
compatible with surrounding low rise residential development, is pedestrian
oriented and allows for a balanced distribution of retailing outside of other
commercial nodes, the size of retail establishments shall be regulated. In this
respect, retail uses shall be permitted to have a maximum gross floor area of
1,000 square metres and shall only locate within existing buildings or internal to
large mixed use developments. All other retail uses legally existing on (date of
adoption) shall be recognized and shall be permitted to expand on the existing lot
by a maximum of 25 percent.
Mixed Use Corridors generally have strong pedestrian linkages with the
surrounding residential neighbourhoods. To strengthen these linkages, new
development may be required to orient a portion of the building mass to the
street, provide onsite pedestrian facilities and pedestrian connections to abutting
developments or off-site transit facilities. To achieve this objective, the City of
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MUNICIPAL PLAN AMENDMENT
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Kitchener may also impose maximum front yard setbacks, limit vehicular parking
between the building façade and the street, and will require specific façade
treatments such as window or door openings and minimization of blank walls.
New development shall be compatible with surrounding residential
neighborhoods and will be of an appropriate height and density in relation to
adjacent low rise residential development. In locations that immediately abut low
rise residential land uses, new development shall be permitted having a
maximum Floor Space Ratio ranging between 0.6 and 2.0. However, new
development may be permitted to exceed this maximum Floor Space Ratio in
locations which abut arterial or major collector roads, are well separated from low
rise residential development and have adequate municipal infrastructure. In such
cases, the City of Kitchener may impose a minimum Floor Space Ratio of 1.0
and a maximum Floor Space Ratio of 4.0.”
d) Policies 13.5.3.7, 13.5.3.8, and 13.5.3.11, “Medium Density Commercial Residential”,
High Density Commercial Residential”, and “Service Commercial”, respectively, are
deleted in their entirety;
e) Policy 13.5.3.10, “Neighbourhood Commercial”, is deleted in its entirety and replaced
with the following new Section 13.5.3.10, “Neighbourhood Mixed Use Centre”:
“10.Neighbourhood Mixed Use Centre
Neighbourhood Mixed Use Centres are intended to serve as neighbourhood focal
points, providing locations for the mixing of appropriately scaled multiple
residential, commercial and institutional uses. Neighbourhood Mixed Use
Centres are primarily intended to meet the day to day convenience or service-
oriented needs of the surrounding residential areas. Neighbourhood Mixed Use
Centres shall also fulfill a role in providing incubator space for small scale
commercial enterprises.
A broad range of commercial and institutional uses shall be permitted, including
office, health facilities, personal services, and small retail uses permitted within
Neighbourhood Mixed Use Centres. To achieve a built form that is compatible
with surrounding low rise residential development and is pedestrian oriented,
commercial space shall be limited. In this respect, an overall maximum of 7,000
square metres of commercial space shall be permitted within a Neighbourhood
Mixed Use Centre and individual retail commercial outlet shall be permitted to
have a maximum gross floor area of 3,500 square metres.
Neighbourhood Mixed Use Centres are generally served by public transit and
have strong pedestrian linkages with the surrounding residential community. To
build upon this strong pedestrian and public transit orientation, the City of
Kitchener will require appropriate and adequate pedestrian facilities, maximum
front yard setbacks and specific facade treatments.
Within Neighbourhood Mixed Use Centres, the conversion or redevelopment of
existing retail space to other community, institutional or multiple residential uses
is strongly encouraged. Multiple residential uses shall be permitted subject to a
maximum Floor Space Ratio of 1.0.
f) Policy 13.5.4.5 is deleted and replaced with the following revised Policy 13.5.4.5:
“5.Notwithstanding the Mixed Use Corridor land use designation, on 254 Queen
Street South, retail shall be permitted up to a maximum leasable floor area of
225.0 square metres for any individual outlet or establishment.”
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g) Policy 13.5.4.6 is amended by deleting the phrase “High Density Commercial
Residential” and replacing it with the new phrase “Mixed Use Corridor”;
h) Policies 13.5.4.7 and 13.5.4.10 are deleted in their entirety;
i) Policy 13.5.4.12 is amended by deleting the phrase “Neighbourhood Commercial” and
replacing it with the new phrase “Neighbourhood Mixed Use Centre”;
j) Policy 13.5.4.14 is deleted and replaced with the following revised Policy 13.5.4.14:
“14.Notwithstanding Mixed Use Corridor land use designations on 384-402 Queen
Street, a Floor Space Ratio of 3.0 shall be permitted.”
k) Map 14, Victoria Park Neighbourhood Secondary Plan, is amended by the following:
i) deleting Special Policy Areas “7” and “10”;
ii) deleting all “Low Density Commercial Residential” designations; the “Medium
Density Commercial Residential” designations; all “High Density Commercial
Residential” designations; and the “Convenience Commercial” designation
fronting Victoria Street West between Park Street and Michael Street, and re-
designating them with the new “Mixed Use Corridor” designation, as shown on
the attached Schedule “H”, “Map 14, Victoria Park Neighbourhood Secondary
Plan”.
iii) deleting all “Neighbourhood Commercial” designations, and re-designating them
with the new “Neighbourhood Mixed Use Centre” designation, as shown on the
attached Schedule “H”, “Map 14, Victoria Park Neighbourhood Secondary Plan”.
18) That Part 3, Section 13.6, Victoria Street Secondary Plan, is amended as follows:
a) Policy 13.6.3.5, “Low Density Commercial-Residential” is deleted in its entirety and
replaced with the following new Policy 13.6.3.5, “Mixed Use Corridor”:
“5.Mixed Use Corridor
Mixed Use Corridors are linear in form and recognize the evolution of uses along
major corridors in the inner city. These corridors are primarily intended to serve
the adjacent residential neighbourhoods and employment areas and allow for
intensive, transit supportive development. Mixed Use Corridors provide
residential redevelopment opportunities together with appropriate commercial
and institutional uses that primarily serve adjacent residential neighbourhoods.
Over time it is intended that the Mixed Use Corridors shall intensify and provide a
balanced distribution of commercial, multiple residential and institutional uses.
Individual properties within Mixed Use Corridors shall be zoned to achieve this
distribution of uses.
A broad range of commercial uses shall be permitted, including freestanding
office and small retail. The full range of institutional uses as well as multiple
residential uses shall also be permitted. To achieve a built form that is
compatible with surrounding low rise residential development, is pedestrian
oriented and allows for a balanced distribution of retailing outside of other
commercial nodes, the size of retail establishments shall be regulated. In this
respect, retail uses shall be permitted to have a maximum gross floor area of
1,000 square metres and shall only locate within existing buildings or internal to
large mixed use developments. All other retail uses legally existing on (date of
adoption) shall be recognized and shall be permitted to expand on the existing lot
by a maximum of 25 percent.
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Mixed Use Corridors generally have strong pedestrian linkages with the
surrounding residential neighbourhoods. To strengthen these linkages, new
development may be required to orient a portion of the building mass to the
street, provide onsite pedestrian facilities and pedestrian connections to abutting
developments or off-site transit facilities. To achieve this objective, the City of
Kitchener may also impose maximum front yard setbacks, limit vehicular parking
between the building façade and the street, and will require specific façade
treatments such as window or door openings and minimization of blank walls.
New development shall be compatible with surrounding residential
neighborhoods and will be of an appropriate height and density in relation to
adjacent low rise residential development. In locations that immediately abut low
rise residential land uses, new development shall be permitted having a
maximum Floor Space Ratio ranging between 0.6 and 2.0. However, new
development may be permitted to exceed this maximum Floor Space Ratio in
locations which abut arterial or major collector roads, are well separated from low
rise residential development and have adequate municipal infrastructure. In such
cases, the City of Kitchener may impose a minimum Floor Space Ratio of 1.0
and a maximum Floor Space Ratio of 4.0.”
b) Map 16, Victoria Street Secondary Plan, be amended by deleting the Low Density
Commercial-Residential designation, and re-designating it with the new “Mixed Use
Corridor” designation as shown on the attached Schedule “I”, “Map 16, Victoria Street
Secondary Plan”.
19) That Part 3, Section 13.7, K-W Hospital Secondary Plan, is amended as follows:
a) Policy 13.7.1.5 is deleted and replaced with the following revised Policy 13.7.1.5:
“15.Settlement Pattern Policy Area “B” of the Regional Official Policies Plan as it
applies to the K-W Hospital neighbourhood constitutes the area which has been
designated Mixed Use Corridor as shown on Map 18.”
b) Policy 13.7.3.5, “Low Density Commercial-Residential”, is deleted in its entirety and
replaced with the following new Policy 13.7.2.5, “Mixed Use Corridor”:
“5.Mixed Use Corridor
Mixed Use Corridors are linear in form and recognize the evolution of uses along
major corridors in the inner city. These corridors are primarily intended to serve
the adjacent residential neighbourhoods and employment areas and allow for
intensive, transit supportive development. Mixed Use Corridors provide
residential redevelopment opportunities together with appropriate commercial
and institutional uses that primarily serve adjacent residential neighbourhoods.
Over time it is intended that the Mixed Use Corridors shall intensify and provide a
balanced distribution of commercial, multiple residential and institutional uses.
Individual properties within Mixed Use Corridors shall be zoned to achieve this
distribution of uses.
A broad range of commercial uses shall be permitted, including freestanding
office and small retail. The full range of institutional uses as well as multiple
residential uses shall also be permitted. To achieve a built form that is
compatible with surrounding low rise residential development, is pedestrian
oriented and allows for a balanced distribution of retailing outside of other
commercial nodes, the size of retail establishments shall be regulated. In this
respect, retail uses shall be permitted to have a maximum gross floor area of
1,000 square metres and shall only locate within existing buildings or internal to
large mixed use developments. All other retail uses legally existing on (date of
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adoption) shall be recognized and shall be permitted to expand on the existing lot
by a maximum of 25 percent.
Mixed Use Corridors generally have strong pedestrian linkages with the
surrounding residential neighbourhoods. To strengthen these linkages, new
development may be required to orient a portion of the building mass to the
street, provide onsite pedestrian facilities and pedestrian connections to abutting
developments or off-site transit facilities. To achieve this objective, the City of
Kitchener may also impose maximum front yard setbacks, limit vehicular parking
between the building façade and the street, and will require specific façade
treatments such as window or door openings and minimization of blank walls.
New development shall be compatible with surrounding residential
neighborhoods and will be of an appropriate height and density in relation to
adjacent low rise residential development. In locations that immediately abut low
rise residential land uses, new development shall be permitted having a
maximum Floor Space Ratio ranging between 0.6 and 2.0. However, new
development may be permitted to exceed this maximum Floor Space Ratio in
locations which abut arterial or major collector roads, are well separated from low
rise residential development and have adequate municipal infrastructure. In such
cases, the City of Kitchener may impose a minimum Floor Space Ratio of 1.0
and a maximum Floor Space Ratio of 4.0.”
c) Policies 13.7.3.6, 13.7.3.7 and 13.7.3.9, “Medium Density Commercial Residential”,
“High Density Commercial Residential” and “Major Institutional”, respectively, are
deleted in their entirety;
d) Policy 13.7.4.5 is amended by deleting the phrase “Medium Density Commercial
Residential” and replacing it with the new phrase “Mixed Use Corridor”;
e) Policies 13.7.4.6, 13.7.4.7 and 13.7.4.15 are deleted in their entirety;
f) Policy 13.7.4.10 is amended by deleting the phrase “Medium Density Commercial
Residential” and replacing it with the new phrase “Mixed Use Corridor”; and,
g) Map 18, K-W Hospital Neighbourhood Secondary Plan, is amended as follows:
i) deleting Special Policy Areas “6”, “7”, and “15”;
ii) deleting all “Low Density Commercial Residential” designations; all “Medium
Density Commercial Residential” designations; all “High Density Commercial
Residential” designations; the “Community Institutional” designation fronting on
King Street West; and all Major Institutional designations, and re-designate them
with the new “Mixed Use Corridor” designation as shown on the attached
Schedule “J” , “Map 18, K-W Hospital Neighbourhood Secondary Plan”.
20) That Part 3, Section 13.8, North Ward Secondary Plan, is amended as follows:
a) Policy 13.8.2.6, “Convenience Commercial”, is deleted in its entirety and replaced with
the following new Policy 13.8.2.6, “Neighbourhood Mixed Use Centre”:
“6.Neighbourhood Mixed Use Centre
Neighbourhood Mixed Use Centres are intended to serve as neighbourhood focal
points, providing locations for the mixing of appropriately scaled multiple
residential, commercial and institutional uses. Neighbourhood Mixed Use
Centres are primarily intended to meet the day to day convenience or service-
oriented needs of the surrounding residential areas. Neighbourhood Mixed Use
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Centres shall also fulfill a role in providing incubator space for small scale
commercial enterprises.
A broad range of commercial and institutional uses shall be permitted, including
office, health facilities, personal services, and small retail uses permitted within
Neighbourhood Mixed Use Centres. To achieve a built form that is compatible
with surrounding low rise residential development and is pedestrian oriented,
commercial space shall be limited. In this respect, an overall maximum of 7,000
square metres of commercial space shall be permitted within a Neighbourhood
Mixed Use Centre and individual retail commercial outlet shall be permitted to
have a maximum gross floor area of 3,500 square metres.
Neighbourhood Mixed Use Centres are generally served by public transit and
have strong pedestrian linkages with the surrounding residential community. To
build upon this strong pedestrian and public transit orientation, the City of
Kitchener will require appropriate and adequate pedestrian facilities, maximum
front yard setbacks and specific facade treatments.
Within Neighbourhood Mixed Use Centres, the conversion or redevelopment of
existing retail space to other community, institutional or multiple residential uses
is strongly encouraged. Multiple residential uses shall be permitted subject to a
maximum Floor Space Ratio of 1.0.”
b) Map 19, “North Ward Neighborhood Secondary Plan”, is amended by deleting all
“Convenience Commercial” designations, and re-designating them with the new
“Neighbourhood Mixed Use Centre” designation as shown on the attached Schedule
“K”, “Map 19, North Ward Neighbourhood Secondary Plan”.
21) That Part 3, Section 13.9, Central Frederick Secondary Plan, is amended as follows:
a) Policy 13.9.3.12, “Neighbourhood Commercial”, is deleted in its entirety and replaced
with the following new Policy 13.9.3.12, “Mixed Use Node”:
“12.Mixed Use Node
Mixed Use Nodes are distributed throughout the city and are primarily located
near or around major intersections of the arterial road system. These nodes are
intended to serve an inter-neighbourhood function and will allow for intensive,
transit supportive development in a compact form. It is intended that the Mixed
Use Nodes will intensify and provide a balanced distribution of commercial,
multiple residential and institutional uses. Individual properties within Mixed Use
Nodes shall be zoned to achieve this balanced distribution of uses.
The full range of commercial uses shall be permitted, including retail,
neighbourhood level entertainment, and freestanding office. The full range of
institutional uses as well as medium and high rise residential uses shall also be
permitted.
To achieve a built form that is both pedestrian oriented and compatible with
surrounding low rise residential development, the size of retail establishments
shall be regulated. In this respect, any retail outlets located within a plaza or
internal to a major mixed use development shall have no maximum size
restriction. With the exception of food stores, retail uses located within
freestanding buildings will be restricted to a maximum size of 5,000 square
metres. All other retail uses legally existing on (date of adoption) shall be
recognized and shall be permitted to expand on the existing lot by a maximum of
25 percent.
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Mixed Use Nodes generally have strong pedestrian linkages with the surrounding
residential neighbourhoods. To strengthen these linkages, new development
may be required to orient a portion of the building mass to the street, provide
onsite pedestrian facilities and pedestrian connections to abutting developments
or off-site transit facilities. To achieve this objective, the City of Kitchener may
also impose maximum front yard setbacks, limit vehicular parking between the
building façade and the street, and will require specific façade treatments such
as window or door openings and minimization of blank walls.
Mixed use developments, particularly those with a residential component, are
strongly encouraged. To encourage the provision of residential units within
commercial developments, the City may consider incentives such as reduced
parking requirements or shared parking arrangements between residential and
commercial/institutional uses.
New development shall be compatible with surrounding residential
neighborhoods and will be of an appropriate height and density in relation to
adjacent low rise residential development. In locations that immediately abut low
rise residential land uses, new development shall be permitted having a
maximum Floor Space Ratio ranging between 0.6 and 2.0. However, new
development may be permitted to exceed this maximum Floor Space Ratio in
locations which abut arterial or major collector roads, are well separated from low
rise residential development and have adequate municipal infrastructure. In such
cases, the City of Kitchener may impose a minimum Floor Space Ratio of 1.0
and a maximum Floor Space Ratio of 4.0.”
b) Policy 13.9.3.13, “Community Commercial” is deleted in its entirety.
c) Policy 13.9.3.14, “Service Commercial”, is deleted in its entirety and replaced with the
following new Policy 13.9.3.14, “Arterial Commercial Corridor”:
“14.Arterial Commercial Corridor
Arterial Commercial Corridors provide for a broad range of commercial and
industrial business uses, including free-standing offices. Arterial Commercial
Corridors are predominantly automobile oriented and are generally located along
primary arterial roads. These corridors are characterized by the presence of
substantial redevelopment opportunities and have historically developed with a
range of service type uses relating to the sale or servicing of automobiles or
major recreational equipment. Arterial Commercial Corridors also provide
opportunities for the location of businesses that cater to the needs of the tourism
industry.
Permitted uses within Arterial Commercial Corridors generally provide a
specialized product or service to persons coming specifically to the premises to
do business; rely on business from and exposure to the travelling public; require
accessibility to a well-populated market area; are best located on a Primary or
Secondary Arterial Road; and, due to the characteristics of the operation, should
not generally be required to locate within an industrial area.
Arterial Commercial Corridors will provide locations for service type uses such as
hotels, motels, conference/convention/exhibition facilities, amusement parks,
vehicle and recreational equipment sales/rental and service, automobile service
stations and restaurants. Commercial entertainment uses shall also be permitted
as an accessory use within a hotel, motel, restaurant or planned commercial
recreation complex.
Other types of retail uses will be permitted if they are accessory to a warehouse,
storage or distribution facility; they form part of an establishment relating to the
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servicing of motor vehicles or major recreational equipment; or, they require large
enclosed or open storage areas to sell bulky, space intensive goods. However,
convenience commercial and personal services shall be permitted.
Arterial Commercial Corridors will permit a limited range of industrial uses such
as warehousing, wholesaling and contractor’s establishment. With the exception
of craftsman shops used for the production of handmade or custom commodities,
industrial uses that engage in on-site manufacturing or processing shall not be
permitted. Manufacturing uses shall be permitted on specific properties zoned to
permit manufacturing on (date of adoption).
In order to provide for a transition of land uses between existing arterial
commercial development and adjacent medium or high rise residential, open
space or mixed use areas, appropriately scaled multiple residential development
may be permitted, having a minimum Floor Space Ratio of 1.0 and a maximum
Floor Space Ratio of 4.0. Where permitted, multiple residential development
may locate in free standing buildings or in mixed use buildings with other
compatible arterial commercial uses. However, multiple residential uses may not
be permitted in locations immediately adjacent to manufacturing operations or
other incompatible arterial commercial land uses.
To reduce traffic impacts on abutting streets, vehicular access points shall be
controlled to minimize disruption to traffic flow and new development may be
required to share common driveways and provide for maneuverability between
sites.
To achieve compatibility between Arterial Commercial Corridors and adjacent
residential land uses, the City of Kitchener will impose appropriate urban design
requirements affecting site landscaping, the massing and placement of buildings,
and the construction and location of on-site service facilities such as garbage
enclosures and loading areas.”
d) Policy 13.9.3.16, “Community Institutional”, is amended by deleting the last paragraph
and replacing it with the following revised paragraph:
“The Community Institutional category has been applied to Suddaby Public School
located at 71 Frederick Street.”
e) Policies 13.9.4.6 and 13.9.4.7 are amended by deleting the phrase “Service
Commercial” and replacing it with the new phrase “Arterial Commercial Corridor”;
f) Map 20, Central Frederick Neighbourhood Secondary Plan, is amended by :
i) Deleting the “Low Density Commercial Residential” designation bordering the
Conestoga Parkway; the “Neighbourhood Commercial” designation; all
“Community Commercial” designations; and, the “Community Institutional”
designation at 369 Frederick Street, and re-designating them with the new
“Mixed Use Node” designation as shown on attached Schedule “L”, “Map 20,
Central Frederick Neighbourhood Secondary Plan”.
ii) Deleting all “Service Commercial” designations, and re-designating them with the
new “Arterial Commercial Corridor” designation as shown on attached Schedule
L, “Map 20, Central Frederick Neighbourhood Secondary Plan”.
22)Part 4, Policy 1.7.1 is amended by adding a new subsection vii) thereto as follows:
“vii)The provision of specific types or sizes of retail uses.”
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23)Part 5, “Schedule F – Holding Provisions” is amended by adding a new section 7 thereto as
follows:
7.Retail Commercial
“
1. Holding Provisions may be applied by the Municipality to:
i) regulate the timing of specific retail uses in specific locations to address
transitional issues related to the potential impact on the planned function of an
existing commercial designation; or
ii) regulate the provision and distribution of small retail uses within a Planned
Commercial Campus designation.
2. The requirements for the removal of the holding symbol shall include:
i) For the provision of specific retail uses in specific locations, the receipt by City
Council of suitable documentation demonstrating that the specific retail use may
be permitted without having an unacceptable adverse impact on the planned
function of nearby existing commercial designations.
ii) For the provision of small retail uses within a Planned Commercial Campus, the
receipt of documentation demonstrating that the retail uses having a gross floor
area less than the minimum specified in the Zoning By-law do not exceed the
permitted proportion of such small retail outlets in relation to the overall gross
floor area within the affected area and that the amount of small retail uses within
the development represents an equitable distribution of small retail in relation to
all the lands within the Planned Commercial Campus.”
24) Part 5, “Schedule G – Index” is amended as follows:
a) Under the index “Access Points”,
i) deleting “2.3.2(4)” of Part 2, and replacing it with “2.3.2”
ii) deleting “4.5(2)” of Part 3, and replacing it with “4.6”
b) Under the index “Accessibility”, deleting “2.3.2(4)” of Part 2 and replacing it with “2.3.2”
c) Under the index “Commercial”:
i) Adding “Primary Node” as a new designation with the following description:
“Primary Node
Part 2 - 2.3.1(5)”
ii) Adding “Mixed Use Node” as a new designation with the following description:
“Mixed Use Node
Part 2 - 2.3.1(6)”
iii) Deleting “Convenience Commercial “ in its entirety.
iv) Deleting “Service Commercial” in its entirety and replacing it with the new
designation:
“Mixed Use Corridor
Part 2 - 2.3.1(7)”
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v) Deleting “Highway Commercial” in its entirety and replacing it with the new
designation:
“Planned Commercial Campus
Part 2 - 2.3.1(8)”
vi) Deleting “Neighbourhood Commercial” in its entirety and replacing it with the new
designation:
“Neighbourhood Mixed use Centre
Part 2 - 2.3.1(9)”
vii) Adding “Arterial Commercial Corridor” as a new designation with the following
description:
“Arterial Commercial Corridor
Part 2 -2.3.1(10)”
d) Under the index “Cycling”, deleting “2.1” of Part 3 in its entirety.
e) Under the index “Downtown”, deleting “4.4(1,2)” of Part 3 in their entirety.
f) Under the index “Floor Space Ratio (FSR)”, deleting “4.5(5)” of Part 3 and replacing it
with “4”.
g) Under the index “Health Facilities”, deleting “4.4(4)” of Part 3 and replacing it with “4.3”.
h) Under the index “High Rise Residential”, deleting “2.1.1” of Part 3 in its entirety.
i) Under the index “Housing”, deleting “2.1” of Part 3 in its entirety.
j) Under the index “Industrial”, deleting “4.2(5)”, and “4.4(1,6)” of Part 3, and replacing
them with “4.6”.
k) Under the index “Institutional” and “Medium Rise Residential”, deleting “2.1.1” of Part 3
in their entirety
l) Under the index “Mixed Use”, deleting “2.1” of Part 3 in its entirety.
m) Under the index “Noise”, deleting “4.5(1)” of Part 3 and replacing it with “4”.
n) Under the index “Parking”, deleting “4.5(9)” of Part 3 and replacing it with “4”.
o) Under the index “Pedestrian Movement”, deleting “2.1” of Part 3 in its entirety.
p) Under the index “Retail Impact Study”, deleting “4.5(10)” of Part 3 and replacing it with
“4.6”
q) Under the category of “Shopping”:
i) Deleting “Regional” in its entirety and replacing it with the new designation:
“Primary Node
Part 2 - 2.3.1
Part 3 - 4.1”
ii) Deleting “Community” in its entirety and replacing it with the new designation:
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“Mixed Use Node
Part 2 - 2.3.1, 2.3.2, 8.3.1(5)
Part 3 - 4.2, 12”
iii) Deleting “Neighbourhood Commercial” in its entirety and replacing it with the new
designation:
“Neighbourhood Mixed Use Centre
Part 2 - 2.3.1, 2.3.2, 8.3.1(5)
Part 3 - 3.2, 4.5”
iv) Deleting “Service Commercial” in its entirety and replacing it with the new
designation:
“Mixed Use Corridor
Part 2 - 2.3.1
Part 3 - 4.3”
v) Deleting “Highway Commercial” in its entirety and replacing it with the new
designation:
“Planned Commercial Campus
Part 2 - 2.3.1
Part 3 - 4.4
vi) Adding “Arterial Commercial Corridor” as a new designation with the following
description:
“Arterial Commercial Corridor
Part 2 -2.3.1
Part 3 - 4.6
r) Under the index “Traffic Impact Study”, deleting “4.5(10)” of Part 3 and replacing it with
“4.6”
s) Under the index “Transit Corridors”, deleting “2”, “2.1.1(1)”, and “2.2” of Part 3 in their
entirety.
25) Part 3, Section 12, “Special Policies” is amended by adding new Section 33 thereto as follows:
Lancaster Mixed Use Corridor
“33.
Notwithstanding the Mixed Use Corridor designation along Lancaster Street West, retail
uses shall be permitted to located within new buildings, to a maximum size of 1,000
square metres.”
26) Map 8, Special Policy Areas is amended by adding new Special Policy Area “33” to the section
of Lancaster Street West to be designated as Mixed Use Corridor, as shown on the attached
Schedule “C”, “Map 8, Special Policy Areas”.
27) Part 3, Section 13.7, K-W Hospital Secondary Plan is amended by adding new Policy
13.7.4.16 thereto as follows:
“13.7.4.16Within the Mixed Use Corridor designation on the lands generally bounded by
King Street West, Mount Hope Street, Park Street and the northern boundary of
the City of Kitchener, the maximum floor space ratio shall be 4.0.”
28) Map 18, K-W Hospital Neighbourhood Secondary Plan is amended by adding new Special
Policy Area “16” to the lands generally bounded by King Street West, Mount Hope Street, Park
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Street and the northern boundary of the City of Kitchener, as shown on the attached Schedule
“J”, “Map 18, K-W Hospital Neighbourhood Secondary Plan”.
29) Part 3, Section 12, “Special Policies” is amended by adding new Section 34 thereto as follows:
1221, 1241 Weber Street East and 2600 King Street East
“34.
Notwithstanding the Mixed Use Node designation on the properties known as 1221 and
1241 Weber Street East and 2600 King Street East, those manufacturing uses
permitted with the General Industrial land use category and a truck transport terminal
shall also be permitted.”
30) Map 8, Special Policy Areas is amended by adding new Special Policy Area “34” to the
properties known as 1221 and 1241 Weber Street East and 2600 King Street East, as shown
on the attached Schedule “C”, “Map 8, Special Policy Areas”.
31) Part 3, Section 13.1, Civic Centre Secondary Plan is amended by adding new Policy 13.1.3.8
thereto as follows:
“13.1.3.8Within the Mixed Use Corridor designation on the lands generally bounded by
Ahrens Street West, Victoria Street North, Margaret Avenue and the laneway
running between Ahrens Street West and Maragaret Avenue east of Victoria
Street North, the maximum floor space ratio shall be 2.0.”
32)Map 9, Civic Centre Neighbourhood Secondary Plan is amended by adding new Special Policy
Area “8” to the lands generally bounded by Ahrens Street West, Victoria Street North, Margaret
Avenue and the laneway running between Ahrens Street West and Maragaret Avenue east of
Victoria Street North, as shown on the attached Schedule “D”, “Map 9, Civic Centre
Neighbourhood Secondary Plan”.