The Kitchener Record

Council Meeting

March 18, 2024

Who was there

Present (11): Debbie Chapman, Scott Davey, Jason Deneault, Bil Ioannidis, Margaret Johnston, Christine Michaud, Ayo Owodunni, Dave Schnider, Paul Singh, Stephanie Stretch, Berry Vrbanovic

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

Declared interests

Councillor C. Michaudwith regards to the properties municipally addressed as 84 Frederick Street and 79 and 87 Weber Street East outlined in Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, including the associated By-laws included on the agenda for three readings, due to her place of employment, and she did not participate in any voting or discussion on the matter
Councillor P. Singhwith regards to Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, including the associated By-laws included on the agenda for three readings, as he has family that owns property within the vicinity, and he did not participate in any voting or discussion on the matter

What was decided (18 motions)

15 carried, 3 recorded otherwise. Every motion below is printed as the minutes print it.

"That pursuant to section 5.7 (b) of Chapter 25 (Procedure) of the City of Kitchener Municipal Code that Joseph Wennechuk be added as a delegation to the Council agenda this date to discuss homelessness in Kitchener, which is not a matter on the agenda this date."
Moved by Councillor C. Michaud, seconded by Councillor P. Singh
Carried
"That the delegation request related to the parking user rates for the Bramm Street Parking lot be
Moved by Councillor S. Stretch, seconded by Councillor A. Owodunni
Deferred
"That Official Plan Amendment Application OPA/22/012/H/CD for the property municipally addressed as 490 Huron Road for 2517293 Ontario Inc. requesting to amend the text of Site-Specific Policy 15.D.12.40 to increase the maximum permitted height to 24 storeys 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-2024-060 as Attachment ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and further, That Zoning By-law Amendment Application ZBA22/019/H/CD for 2517293 Ontario Inc. be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Development Services Department report DSD-2023-299 as Attachment ‘B’."
Moved by Councillor P. Singh, seconded by Councillor D. Chapman
Carried
Files: ZBA22
“That pursuant to Section 25.4.11 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.”
Moved by Councillor S. Stretch, seconded by Councillor A. Owodunni
Carried
"That City Initiated Official Plan Amendment OPA23/016/K/JZ, for the purpose of implementing a land use planning framework for seven of the City’s Protected Major Transit Station Areas, including amendments to the Urban Structure, Land Use, Specific Policy Areas, and Cultural Heritage Resources mapping and text amendments, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD-2024-128 as Attachment ‘A’ and as amended at the Council meeting on March 18, 2024, and accordingly forwarded to the Region of Waterloo for approval; and, That City Initiated Official Plan Amendment OPA23/017/K/JZ, for the purpose of adding lands into the 2014 Official Plan and updating the land use planning framework for specific lands currently within Secondary Plans within the 1994 Official Plan, including amendments to the Urban Structure, Land Use, and Specific Policy Areas, inclusive of mapping and text amendments, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2024-128 as Attachment ‘B’, and accordingly forwarded to the Region of Waterloo for approval; and, That City Initiated Official Plan Amendment OPA23/022/K/JZ, for the purpose of deleting existing secondary plan policies and mapping from the 1994 Official Plan, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD2024-128 as Attachment ‘C’, and accordingly forwarded to the Region of Waterloo for approval; and, That
Moved by Councillor S. Stretch, seconded by Councillor J. Deneault
Carried
Files: ZBA23
"That the Notice of Objection for the intention to designate the property municipally addressed as 70 Francis Street North, as outlined in Development Services Department report DSD-2024-064, be sustained and the Notice of Intention to Designate be
Moved by Councillor M. Johnston, seconded by Councillor S. Davey
Withdrawn
"That in accordance with Chapter 25 (Procedure) of the City of Kitchener Municipal Code, Section 25.2.2. (Suspend the Rules), that approval of this meeting be permitted to extend beyond midnight."
Moved by Councillor D. Schnider, seconded by Councillor S. Davey
Carried
"That pursuant to Chapter 25 (Council Procedure) of the Municipal Code, the Council proceedings this date shall be allowed to continue beyond midnight for one additional hour, to conclude matters as listed on the agenda.”
Moved by Councillor M. Johnston, seconded by Councillor B. Ioannidis
Carried
That the City-initiated Official Plan Amendment OPA23/015/K/TD for the purposes of introducing Inclusionary Zoning within Protected Major Transit Station Areas be adopted, in the form shown in the Revised Official Plan Amendment attached to Development Services Department report DSD-2024-111 as Attachment ‘A’ as amended and accordingly forwarded to the Region of Waterloo for approval; and, That the City-initiated Zoning By-law Amendment ZBA23/027/K/TD to amend Zoning By-law 2019-051 and Zoning By-law 85-1, be approved in the form shown in the “Revised Proposed By-law Amendment” attached to Report DSD-2024-111 as Attachment ‘B’ and Attachment ‘C’ respectively as amended; and, That staff be directed to enter into a memorandum of understanding with the Region of Waterloo outlining roles and responsibilities in administration of Inclusionary Zoning, to the satisfaction of the Director of Planning and Housing Policy; and, That staff be directed to monitor local market conditions and engage with community and industry, and report back to Council no later than the end of 2024, 2026, 2028 and 2030, with recommendations on whether inclusionary zoning requirements should continue to be advanced in the timeframe, with the Market Area categorizations, and in manner outlined in this report; and, That pursuant to Section 35(17) of the Planning Act, R.S.O. C P.13, as amended further notice is not required to be given in respect of the Zoning By-law Amendment; and further; That the propertie
Moved by Councillor S. Stretch, seconded by Councillor S. Davey
Deferred
Files: ZBA23
"That the report of Heritage Kitchener, dated March 5, 2024, listed as items 7.1.a to 7.1.c on the agenda this date, be adopted."
Moved by Councillor D. Chapman, seconded by Councillor C. Michaud
Carried
"That the report of the Planning and Strategic Initiatives Committee, dated February 26, 2024, listed as items 7.4.a to 7.4.h on the agenda this date, be adopted."
Moved by Councillor P. Singh, seconded by Councillor D. Chapman
Carried
“WHEREAS The More Homes Built Faster Act, 2022 (Bill 23) received Royal Assent on November 28, 2022. As part of this omnibus Bill, several changes were implemented to various pieces of legislation, including but not limited to, The Planning Act, The Development Charges Act, The Conservation Authorities Act, and The Ontario Heritage Act; and, WHEREAS subsection 27(16) of the Ontario Heritage Act stipulates that any non-designated heritage property listed on the municipal heritage register of properties as of December 31, 2022 shall be removed from the municipal register on or before January 1, 2025, if the council of the municipality does not give a notice of intention to designate the property under subsection 29(1) of the Ontario Heritage Act on or before January 1, 2025; and, WHEREAS since January 1, 2023, municipal heritage planning staff and members of the municipal heritage committee (Heritage Kitchener) in this municipality have been diligently working to: review the municipal heritage register; research the heritage value and interest of listed (non-designated) properties; review and research the heritage value and interest of non-designated properties; contact owners of such properties; determine which properties should potentially be designated in accordance with the provisions of Section 29 of the Ontario Heritage Act; and take all required steps to designate such properties; and, WHEREAS the above-noted work involving approximately 228 properties listed properties
Moved by Councillor D. Chapman, seconded by Councillor C. Michaud
Carried
"That leave be given the Mover and Seconder to introduce the following by-laws, namely: 15.1.a Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. 15.1.b Being a by-law to amend Chapter 599 of The City of Kitchener Municipal Code with respect to Licensing and Regulation of Businesses. 15.1.c Being a by-law to designate the property municipally addressed as 40 Chapel Hill Drive, in the City of Kitchener as being of historic and cultural heritage value or interest. 15.1.d Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. 15.1.e To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. 15.1.f To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. 15.1.g To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. 15.1.h Being a by-law to adopt Amendment No. 45 to the Official Plan - 490 Huron Road. 15.1.i Being a by-law to amend By-law 2019-051, as amended known as the Zoning By-law for the City of Kitchener – 2517293 Ontario Inc. – 490 Huron Road. 15.1.j Being a by-law to adopt Amendment No. 46 to the Official Plan - 980 & 1018 Hidden Valley Road. 15.1.k Being a by-law to amend By-la
Moved by Councillor A. Owodunni, seconded by Councillor D. Schnider
Carried
it was resolved that: "That Councillor M. Johnston be appointed to the Enova Power Corp. board effective June 1, 2024 for a term not exceeding 1-year; and further, That Councillor D. Schnider & Councillor B. Ioannidis be appointed to the Enova Energy Corporation board effective June 1, 2024 for a term not exceeding 1-year, as outlined in Corporate Services Department report COR-2024-087."
Moved by Councillor J. Deneault
Carried
it was resolved that: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by H. Tran, wherein the Committee affirms the Dangerous Dog Designation applied to the dog ‘Teddy’ by the Humane Society of Kitchener-Waterloo and Stratford Perth, be ratified and confirmed with modified conditions, as outlined in Corporate Services Department report COR-2024-096."
Moved by Mayor B. Vrbanovic
Carried
it was resolved that: "That effective immediately Olufunmilayo Ajibade be appointed as the one (1) Arts Educator for the Arts and Culture Advisory Committee for a term ending November 14, 2024; and further That effective immediately Julie Hall be appointed as one (1) Arts Organization for the Arts and Culture Advisory Committee for a term ending November 14, 2024."
Moved by Mayor B. Vrbanovic
Carried
"That pursuant to Chapter 25 (Council Procedure) of the Municipal Code, the Council proceedings this date shall be allowed to continue beyond 1:00 a.m. for one additional hour, to conclude matters as listed on the agenda.”
Moved by Councillor M. Johnston, seconded by Councillor D. Schnider
Carried
"That the by-laws be given third reading, namely: 18.2.a Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law 2024-050) 18.2.b Being a by-law to amend Chapter 599 of The City of Kitchener Municipal Code with respect to Licensing and Regulation of Businesses. (By-law 2024-051) 18.2.c Being a by-law to designate the property municipally addressed as 40 Chapel Hill Drive, in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law 2024-052) 18.2.d Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By-law 2024-053) 18.2.e To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law 2024-054) 18.2.f To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By-law 2024-055) 18.2.g To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law 2024-056) 18.2.h Being a by-law to adopt Amendment No. 45 to the Official Plan - 490 Huron Road. (By-law 2024-057) 18.2.i Being a by-law to amend By-law 2019-051, as amended known as the Zoning By-law for the City of Kitchener – 2517293 Ontario Inc. – 490 Huron Road. (By-law 2024-058) 18.2.j Being a
Moved by Councillor M. Johnston, seconded by Councillor D. Schnider
Carried

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