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HomeMy WebLinkAboutCouncil - 2016-04-11 S6y,xy Fill WK9111LIN10khIIki Lei 9�1 APRIL 11, 2016 CITY OF KITCHENER A special meeting of City Council was held at 4:50 p.m. this date, chaired by Mayor B. Vrbanovic with all members present with the exception of Councillor F. Etherington. Notice of this meeting had been previously given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. Councillor J. Gazzola expressed concern as to why the second item regarding a land acquisition / disposition matter was being dealt with at an in- camera meeting and not in open session. Mr. J. Willmer, Chief Administrator, advised the item relates to land acquisition / disposition where Council would have options related to the subject property and may be reported out pending further discussions. 1. IN- CAMERA MEETING AUTHORIZATION Moved by Councillor B. loannidis Seconded by Councillor D. Schnider "That an in- camera meeting of City Council be held immediately following this special meeting to consider two land acquisition /disposition matters." Carried The meeting then recessed at 4:52 p.m. and re- convened at 6:03 p.m., chaired by Mayor B. Vrbanovic with all members present. 2. ZONE CHANGE APPLICATION ZC 15 /01/W /AP — 42 WEST ACRES CRESCENT Council was in receipt of Community Services Department report CSD -16 -026 (A. Pinnell), dated April 11, 2016, an Addendum Report to CSD -16 -012, providing a review of potential access to the proposed stacked townhouse development from Highland Road on the west end of the property instead of West Acres Crescent, as outlined in Zone Change Application ZC 15 /010 /W /AP. Ms. Jen Dol, Ms. Sharon Harding, Ms. Deb Tambling and Ms. Diane Levasseur addressed Council in opposition to the proposed development at 42 West Acres Crescent, citing concerns relating to compatibility, impact to surrounding neighbours, traffic impact, density and access via Highland Road. As members of the community, they requested an opportunity to receive details of the site plan from the Ward Councillor and the developers as development progresses. Ms. Brenda Campbell addressed Council acknowledging that while she is opposed to the development, she would like confirmation in writing that an 8' fence would be constructed on the westerly side lot line if the zone change is approved. Mr. A. Pinnell, Planner, confirmed staff would label the fence on the site plan as "minimum 1.8 meter high wood fence" to provide the potential for the height to be increased to 2.4m. to provide the privacy and noise buffer Ms. Campbell desires. Mr. Rick Martins, Applicant, spoke in support the Zone Change Application and the efforts taken to address the concerns of the community. He indicated an access point of Highland Road would have been implemented had it been supported by staff or the Region of Waterloo, and stated density has been addressed by reducing the number of units from 42 to 27 from the original proposal in response to the community's concerns. He reviewed the efforts taken to fit into the community by offering affordable, modern, accessible homes that would be desirable to the area residents. With regard to involvement in the site plan process, he confirmed willingness to work with the community members by meeting with them to address their concerns with individualized solutions where possible. On motion by Councillor P. Singh, seconded by Councillor K. Galloway- Sealock, staffs recommendation to approve Zone Change Application ZC15 /010 /W /AP and associated Urban Design Brief for 42 West Acres was brought forward for consideration. A motion was brought forward by Councillor Z. Janecki to amend the conditions within the proposed plan to reduce the number of dwelling units from 27 to 18. SPECIAL COUNCIL MINUTES APRIL 11, 2016 -60- CITY OF KITCHENER Several Councillors expressed concern with the amendment noting the likelihood of the Applicant appealing to the Ontario Municipal Board; and, since City Planning staff has recommended approval, the services of external consultants would be required and significant cost could be incurred. Mayor Vrbanovic pointed out the original proposal of 42 dwelling units could be reinstated if the appeal is successful. Councillor Janecki's amendment was then voted on by a recorded vote and was LOST with Councillors Z. Janecki, J. Gazzola, B. loannidis and Y. Fernandes voting in favour; and, Mayor B. Vrbanovic, S. Marsh, K. Galloway - Sealock, F. Etherington, P. Singh, S. Davey, and D. Schnider voting in opposition. The following motion was then voted on by a recorded vote. Moved by Councillor P. Singh Seconded by Councillor K. Galloway - Sealock "That Zone Change Application ZC15 /010 /W /AP (42 West Acres Crescent; 2297868 Ontario Inc.) for the purpose of changing the zoning from Residential Four Zone (R -4) to Residential Six Zone (R -6) with Special Regulation Provision 676R, and Special Use; and, Provision 455U, and Property Detail Schedule No. 40, on the lands specified on the attached Map No. 1 and Map No. 2, in the form shown in the `Proposed By -law' dated February 8, 2016, attached to Community Services Department report CSD -16 -012 as Appendix A, be approved; and further, That the Urban Design Brief for 42 West Acres Crescent, dated January 2016, attached to Report CSD -16 -012 as Appendix C, be adopted and provide the basis for future site development." In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway - Sealock, F. Etherington, Y. Fernandes, P. Singh and S. Marsh. Contra: Councillors J. Gazzola, B. loannidis, and Z. Janecki. Motion Carried. BY -LAW FOR THREE READINGS Council agreed to the request of Ms. D. Livingstone, Committee Administrator, to add a by -law for three readings this date related to the zoning amendment for 42 West Acres Crescent. At the request of Councillor J. Gazzola, each by -law was voted on separately. Moved by Councillor B. loannidis Seconded by Councillor P. Singh "That leave be given the Mover and Seconder to introduce the following by -laws for three readings and that the same be taken as read a first, second and third times, be finally passed and numbered serially by the Clerk. a. Being a by -law to licence Street Vendors on property owned by The Corporation of the City of Kitchener in Victoria Park and at specific street intersections expiring December 31, 2016. (By -law No. 2016 -035) b. To confirm all actions and proceedings of the Council. (By -law No. 2016 -036) SPECIAL COUNCIL MINUTES APRIL 11, 2016 - 61 - CITY OF KITCHENER Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the City of Kitchener — 2297868 Ontario Inc. — 42 West Acres Crescent. .... .. .... .. .. .. . MAYOR On motion the meeting adjourned at 718 p.m, ...... ......... CLERK (By-law No. 2016-037)." Carried.