Council Meeting

"That Official Plan Amendment Application OPA/22/004/V/KA for 1936026 ONTARIO INC. requesting a land use designation change from ‘Mixed Use’ to ‘Mixed Use with ‘Specific Policy Area 7’ to permit a 25-storey mixed-use development on the lands specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD-2023-365 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA22/006/V/KA for 1936026 ONTARIO INC., for the property municipally addressed as 130-142 Victoria Street South, be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Development Services Department report DSD-2023-365 as Appendix ‘B’; and further, That the Development Concept as provided in the ‘Addendum to Urban Design Brief dated December 23, 2021, 130-142 Victoria Street South, Kitchener’, prepared by Arcadis Professional Services (Canada) Inc., and dated June 14, 2023, attached to Development Services Department report DSD-2023-365 as Appendix ‘F’ be endorsed."

"WHEREAS social assistance recipients are living in extreme poverty and food insecurity and are at great risk to develop associated health issues; and, WHEREAS the Ontario Works (OW) program is meant for people who have financial need; and, WHEREAS the Ontario Disability Support Program (ODSP) is meant for persons with a disability who are in financial need; and, WHEREAS OW and ODSP rates are below Canada’s Official Poverty Line and since social assistance rates were reduced by 21.6% in 1995, rate increases have been nominal, representing an approximate 10% increase over 26 years; and, WHEREAS OW rates have not been increased since 2018 and are not indexed to inflation causing further income inequality, poverty and housing unaffordability; and, WHEREAS a single person can receive up to $1,308 a month on ODSP which is well below the average rent for a one bedroom apartment in the Region of Waterloo; and, WHEREAS a single person can receive up to $733 a month on OW which is well below the average rent for a one bedroom apartment in the Region of Waterloo; and, WHEREAS rental rates in Kitchener, along with other communities, have risen dramatically in recent years, with average one-bedroom rental rates of $2,132 per month according to a July 2023 RBC report; and, WHEREAS provincial programs for affordable housing are based on rent at 80% of market rates so a one bedroom apartment with “affordable rent” is $1,705 in Kitchener; and, WHEREAS Canada Mortgage and Housing Corporation

"That the following motion be

"That Official Plan Amendment Application OPA/23/010/C/CD for 332 Charles GP Inc., for the property municipally addressed as 332 Charles Street East, requesting a land use designation change from ‘Mixed Use Corridor with Special Policy Area 1’ to ‘Mixed Use Corridor with Special Policy Area 12’ to permit a 27-storey mixed use development on the lands specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD-2023-300 as Appendix ‘A’, and as amended at the September 25, 2023 Council meeting, and accordingly forwarded to the Region of Waterloo for approval; and further, That Zoning By-law Amendment Application ZBA23/016/C/CD for 332 Charles GP Inc. be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Development Services Department report DSD-2023-300 as Appendix ‘B’, and as amended at the September 25, 2023 Council meeting; and further, That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, further notice is not required to be given in respect to Zoning By-law Amendment ZBA23/016/C/CD.”

"That the report of Heritage Kitchener, dated September 5, 2023, listed as items 7.1.a to 7.1.c on the agenda this date, be adopted." 7.1.a Heritage Permit Application HPA-2023-V-015, 30-40 Margaret Avenue, New Building - Townhome Development, DSD-2023-367 "That pursuant to Section 42 of the Ontario Heritage Act , Heritage Permit Application HPA-2023-V-015 be approved, as outlined in Development Services Department report DSD-2023-367, to permit the construction of eight blocks of townhome dwellings, an amenity space, and an internal roadway system with two access points onto Margaret Avenue, on the property municipally addressed as 30-40 Margaret Avenue, in accordance with the plans and supplementary information submitted with the application and subject to the following conditions: That the final Heritage Impact Assessment and Cultural Heritage Protection Plan (Brief) be submitted and approved by the Director of Planning prior to the issuance of a Heritage Permit; That final samples of the building materials and colours be submitted for review by Heritage Planning staff in conjunction with Urban Design prior to the issuance of a building permit; and That the final building permit drawings be reviewed, and heritage clearance provided by Heritage Planning staff prior to the issuance of a building permit."

"That the report of the Planning and Strategic Initiatives Committee, dated September 18, 2023, listed as item 7.2.b on the agenda this date, be adopted."

"That the $30,000 already committed to the operation of the Lived Expertise Working Group (LEWG) for year 2 from Kitchener’s operating budget be allocated as outlined in DSD-2023-295; and, That the City transfer $23,600, inclusive of interim funds authorized by resolution of Council on June 26, 2023, to the Social Development Centre Waterloo Region (SDCWR) for year 2 costs in accordance with the Purchase of Services Agreement signed June 13, 2022, extended to August 31, 2023; and, That staff be authorized to extend the Purchase of Services Agreement, signed June 13, 2022 (and extended to August 31, 2023) to June 30, 2024 to complete the second year of the LEWG pilot; and further, That staff, together with the facilitator of the Lived Expertise Working Group, report back to Council at the conclusion of the pilot program in 2024 on the outcome of the pilot."

“That pursuant to Section 25.4.16 of Chapter 25 (Council Procedure) of the Municipal Code, the Council proceedings this date shall be allowed to continue beyond 11:00 p.m. to conclude matters as listed on the agenda.”

"WHEREAS excessive boulevard signs contribute to visual clutter within our community and pose a safety hazard; and, WHEREAS the current bylaw provision of allowing a 30-day sign hold after removal is ineffective in deterring the proliferation of boulevard signs; and, WHEREAS utilizing digital innovation could provide an effective solution to monitor and regulate the placement of signs on boulevards; and, WHEREAS providing clearer information of scheduled dates on real estate open houses would benefit residents and deter misuse; and, WHEREAS increasing the fee for infractions would serve as a deterrent for violators of the sign bylaw, THEREFORE be it resolved that the Kitchener Council direct staff take the following actions: Work with the Kitchener digital innovation team to investigate the feasibility of developing an app that allows residents to easily report the geo location of boulevard signs. Review and amend the Sign Bylaw to require realtors to prominently display either the date or the name of the day of the week for scheduled open houses. Remove the provision in the Sign Bylaw that requires a 30-day sign hold after removal, as it is deemed ineffective in addressing the issue of excessive boulevard signs. Implementation of set fines for infractions of the Sign Bylaw to provide a stronger deterrent to violators."

"That leave be given the Mover and Seconder to introduce the balance of the by-laws, save and except the Zoning By-law Amendment, 134 and 152 Shanley Street and Official Plan Amendment and Zoning By-law Amendment for 130-142 Victoria Street South namely: 11.1.a To further amend By-law No. 2019-113, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. 11.1.b Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. 11.1.c To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. 11.1.d To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. 11.1.e To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. 11.1.f Being a by-law to amend By-law 2019-051, as amended known as the Zoning By-law for the City of Kitchener – 2701098 Ontario Inc. – 134 and 152 Shanley Street. 11.1.g Being a by-law to amend By-law 85-1, as amended known as the Zoning By-law for the City of Kitchener – Glovebox (2019) Inc. – 120 Victoria Street South. 11.1.h Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener – Peter Markin – 229 Wellington Street Nort

“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."

"That the balance of the by-laws, save and except those related to Zoning By-law Amendment, 134 and 152 Shanley Street and Official Plan Amendment and Zoning By-law Amendment for 130 - 142 Victoria Street South be given third reading, namely: 14.1.a To further amend By-law No. 2019-113, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law 2023-121) 14.1.b Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By-law 2023-122) 14.1.c 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 2023-123) 14.1.d To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law 2023-124) 14.1.e To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By-law 2023-125) 14.1.f Being a by-law to amend By-law 2019-051, as amended known as the Zoning By-law for the City of Kitchener – 2701098 Ontario Inc. – 134 and 152 Shanley Street. (By-law 2023-126) 14.1.g Being a by-law to amend By-law 85-1, as amended known as the Zoning By-law for the City of Kitchener – Glovebox (2019) Inc. – 120 Victoria Street South. (By-law 2023-127) 14.1.h Being a by-law to amend By-law 2019