Loading...
HomeMy WebLinkAboutCouncil Minutes - 2023-11-27 SSpecial Council Meeting Minutes November 27, 2023, 11:30 a.m. Council Chambers - Hybrid City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 Present: Mayor B. Vrbanovic Councillor S. Davey Councillor D. Schnider Councillor J. Deneault Councillor C. Michaud Councillor A. Owodunni Councillor P. Singh Councillor B. loannidis Councillor M. Johnston Absent: Councillor D. Chapman Councillor A. Clancy Staff: D. Chapman, Chief Administrative Officer M. May, General Manager, Community Services and Deputy Chief Administrator J. Readman, General Manager, Development Services J. Lautenbach, Chief Financial Officer, Financial Services D. McGoldrick, General Manager, Infrastructure Services D. Saunderson, Deputy Clerk M. Mills, Committee Administrator 1. Commencement A meeting of City Council was held at 11:41 a.m. this date, chaired by Mayor B. Vrbanovic. 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. The meeting began with a Land Acknowledgement given by the Mayor. 1 2. Disclosure of Pecuniary Interest and the General Nature Thereof None. 3. In -camera Meeting Authorization Councillor B. loannidis entered the meeting at this time. Moved by Councillor A. Owodunni Seconded by Councillor D. Schnider "That an in -camera meeting of City Council be held immediately following the special council meeting this date to consider a potential litigation and solicitor client privilege matter, a labour relations matter and a matter related to personal matter about an identifiable individual and potential litigation matter as authorized by Sections 239 (b) (d) (e) and (f) of the Municipal Act, 2001, respectively." Carried 4. Recess and Reconvene The Special Council minutes recessed at 11:49 a.m. and reconvened at 5:06 p.m., chaired by Mayor B. Vrbanovic, with all members present, except Councillors D. Chapman and A. Clancy. 5. Mayoral Business and Updates - Mayor B. Vrbanovic None. 6. Notice of Motion - Councillor P. Singh - Regional Official Plan Review Council considered the Notice of Motion, related to the City's position on a request from the Minister of Municipal Affairs and Housing in relation to the Regional Official Plan. Council was also in receipt of four written submissions related to this matter from: H. Jaeger, V. Bender, Schlegel Developments, P. Lowes and the Home Builders Association. Councillor P. Singh brought forward the Notice of Motion, as listed as item 6 on the agenda this date, which was seconded by Councillor S. Davey. Matthew Cory, Malone Given Parson, addressed Council on behalf of Schlegel Developments, and spoke to a map that was included within the written submission provided by Schlegel Developments, that identified lands "BSF2 - Non -Protected Countryside Lands" in the Southwest area of Kitchener, that if included within the City's Urban Boundary of the Official Plan, it will help to E address the completion of the Rosenburg Secondary Plan. M. Cory spoke to a land needs assessment that their company completed, and it was their determination that the City would require 324 hectares of land to meet the growth that is anticipated within the Region by 2051. M. Cory requested Council consider amending the motion to include the lands identified as "BSF2" on the map, as well as the lands identified as "SKPA - Non -Protected Countryside Lands". M. Cory then responded to questions from Council. Vaughan Bender, Schlegel Developments, requested Council consider deferring this matter, to allow further opportunity for additional dialogue to take place, noting if it was Council's will to make a decision this date, they requested that the motion be amended to include the lands identified as "BSF2" on the map, as well as the lands identified as "SKPA - Non -Protected Countryside Lands". V. Bender stated pending planning and engineering approvals, the subject lands identified as "BSF2" could result in 1200 additional homes, which could be built within 5 years. V. Bender stated they had already begun grading and engineering plans when the Province issued the legislation to reset their previous decision, noting in the corresponded dated November 2, 2023, it included a note that consideration should be given to work that is already underway and have access to necessary infrastructure. In response to questions, V. Bender stated the lands identified as "BSF2" specifically would help to finalize the Rosenburg Secondary plan and build a complete community. Further to that, V. Bender stated in their opinion, if the lands were not included in the urban boundary, the City will be challenged to meet the housing pledge target of 35,000. homes. It was noted the Province when issuing their correspondence requested a response from municipalities within 45 days, indicating this would be the final opportunity for Council to meet and respond within the requested timeline. In response to further questions, V. Bender stated discussions were had related to the "BSF2" lands and during those conversations the lands were acknowledged as an urban reserve. V. Bender spoke to the Region of Waterloo recharge area, stating that matter was subject of a Provincial Planning Appeal with another developer, Schlegel Developments did not request to be a party in that hearing as the interpretation of those policies were not a concern at that time. Councillor P. Singh left the meeting at this time. Questions were raised regarding the lands identified as "BSF2", specifically related to affordable housing and net zero development, V. Bender commented that specifically affordable housing and intensification of that nature would be 3 better suited for areas with greater access to public transit, noting the subject lands are on the edge of the city. Councillor P. Singh re-entered the meeting at this time. Councillor A. Owodunni left the meeting at this time. Kevin Thomason addressed Council in opposition to the proposed Notice of Motion, noting concern for the protection of the countryside line. K. Thomason expressed concern with the loss of prime agriculture land, stating while municipalities may want to achieve infinite growth, residents are concerned with climate change, growing food and maintaining their communities. K. Thomason expressed concerns with the minimal opportunity for public engagement on this matter, noting the City should take additional time to make a data driven decision, prior to providing commentary back to the Province. In response to questions, K. Thomason stated while Council is interested in planning for the future, establishing the urban boundary as proposed will bind future generations, indicating the decision today should be a more cautious approach. Sean Campbell, Hold the Line, addressed Council in support of defending the existing Countryside Line. S. Campbell stated the City should continue to take a leadership position related to growth and make strategic use of the remaining land reserves. In response to questions, S. Campbell stated that members of Council should take into consideration all of the efforts that took place into the Regional Official Plan when asking for fundamental change in a short period of time. Barbara Schumacher addressed Council in opposition to the motion, noting support for the ROP6 and support to maintaining the existing Countryside line. Councillor S. Davey stated the motion on the agenda this date is not support for ROPE, it is a similar motion that Council considered in June 2022, that provided direction to the Region of Waterloo related to the Regional Official Plan during the initial approval process. The Mayor noted that the City has continued to stress concerns with the Land Needs assessment that was completed by the Region of Waterloo at the time that the Official Plan was approved. 7. Recess and Reconvene The Special Council meeting then recessed at 6:57 p.m. and reconvened at 7:53 p.m., Chaired by Mayor B. Vrbanovic, with all members present, except Councillor D. Chapman and A. Clancy. M 8. Notice of Motion - Councillor P. Singh - Regional Official Plan Review (Cont'd) Susan Lloyd Swail spoke opposition to the Notice of Motion as proposed on the agenda this date, stating if Council is not willing to vote against the motion, it was requested that the motion be deferred to a future meeting to ensure that any decisions that are being made, can be supported by facts and data. S. Lloyd Swail then responded to questions from Council. Yvonne Fernandes addressed Council in opposition to the Notice of Motion proposed by Councillor P. Singh this date. Y. Fernandes then responded to questions from Council, noting there is significant pressure on the Countryside Line and where possible Council needs to try to help maintain that boundary as previously identified. Councillor P. Singh further clarified that the proposed motion is the same advocacy Council had in 2022 when the Regional Official Plan was approved in 2022, noting the motion further supports the Countryside Line as proposed. Paul Lowes, SGL Planning, addressed Council on behalf of Mattamy Homes, specifically related to the 10 hectares of land in the Southwest area of Kitchener that they own adjacent to the Schlegel lands. P. Lowes stated Mattamy Homes has approval for 4,000 units that are proposed to be built within the next 10 years. P. Lowes further advised, Mattamy Homes is prepared to help Council achieve their housing pledge target. P. Lowes requested Council amend the motion to include the lands identified as TSF2 - Non -Protected Countryside Lands", which was previously raised by Schlegel Developments. Hal Jaeger spoke in opposition to the Notice of Motion on the floor for Council's consideration this date, and requested Council consider deferring the decision on the motion by one week to ensure any decision made is based on facts; and, to permit the involvement of the two members of Council presently on a leave of absence. H. Jaeger further requested that Council support ROPA6, as approved by Regional Council in August 2022. Pierre Chauvin addressed Council on behalf of the Homebuilders Association. P. Chauvin stated home builders are required to build complete communities and as an association are in support of the motion on the floor, but would recommend an amendment to include all the lands set out by the Provincial Changes in order to meet current and future targets for the Community. Dave Aston addressed Council on behalf of Activa in support of the motion on the floor. D. Aston stated the motion provides for good development, support of all housing types and the inclusion of the southwest lands. D. Aston stated the l City has been requested to provide input, as to how Kitchener plans for the long- term. D. Aston stated this is another demonstration of how Council is planning for the long-term. In response to questions related to a deferral, it was noted the Minister has requested input, no later than December 7, 2023, indicating this would be the last opportunity for Council to consider this matter within the requested deadline. Questions were raised regarding subdivision approvals and whether the City could impose deadlines for completion as part of their approval. J. Readman stated the Planning Act does allow for deadlines to be imposed, if developers are not able to achieve those deadlines, they would be required to submit for another approval. Councillor B. loannidis brought forward a an amendment, which was seconded by Councillor S. Davey to include the following additional Clauses: "WHEREAS the land parcels identified as Part of the lands legally described as: LT 144 GERMAN COMPANY TRACT KITCHENER; PT LT 143 GERMAN COMPANY TRACT KITCHENER AS IN 368142, T/W 368142 PARTIALLY RELEASED BY WR154625; KITCHENER (Being all of PIN: 227280027); and, Part of the lands legally described as: PART LOT 141 GERMAN COMPANY TRACT KITCHENER, PART LOT 142 GERMAN COMPANY TRACT KITCHENER AND PART LOT 143 GERMAN COMPANY TRACT KITCHENER, PARTS 1 & 2 PLAN 58R20966; S/T EASEMENT OVER PART LOT 142 GERMAN COMPANY TRACT KITCHENER, PART 2 PLAN 58R20966 AS IN 949187; S/T EASEMENT OVER PART LOT 142 GERMAN COMPANY TRACT KITCHENER, PART 2 PLAN 58R20966 AS IN 1011823 (EASEMENT 1011823 PARTIALLY RELEASED AS IN WR1546625 & WR1190463 CITY OF KITCHENER (Registry PIN: 227281206)PART LOT 141 GERMAN COMPANY TRACT KITCHENER, PART LOT 142 GERMAN COMPANY TRACT KITCHENER AND PART LOT 143 GERMAN COMPANY TRACT KITCHENER, PARTS 1 & 2 PLAN 58R20966; S/T EASEMENT OVER PART LOT 142 GERMAN COMPANY TRACT KITCHENER, PART 2 PLAN 58R20966 AS IN 949187; S/T EASEMENT OVER PART LOT 142 GERMAN COMPANY TRACT KITCHENER, PART 2 PLAN 58R20966 AS IN 1011823 (EASEMENT 1011823 PARTIALLY RELEASED AS IN WR1546625 & WR1190463 CITY OF KITCHENER (Registry PIN: 227281206) And More particularly shown as "Lands added to the Urban Area by the Minister, and outside the Regionally adopted Countryside Line" on the mapping attached hereto as Attachment A: o Was designated "Prime Agriculture Area", rather than the more restrictive designation of "protected countryside" in the Regional Official Plan approved by the Ontario Municipal Board on June 18, 2015; and, o Is readily serviced and could support new housing supply within the next five years;" To strike the following clauses: "WHEREAS the South Kitchener Planning Area (referred to as the subject area in Attachment A) lands are within the countryside line as defined in the Regional Official Plan approved by the Ontario Municipal Board on June 18, 2015 and can be comprehensively planned with the Dundee North Secondary Plan; THEREFORE BE IT RESOLVED that the City of Kitchener supports the April 11, 2023 Minister's Decision on ROPA No. 6 only in relation to the lands within the countryside line, and more particularly shown as `the subject area' on the mapping attached hereto as Attachment A;" and further to amend and include the following clause: "THEREFORE BE IT RESOLVED that the City of Kitchener supports the April 11, 2023 Minister's Decision on ROPA No. 6; THERFORE BE IT RESOLVED that the City of Kitchener urges developments within the subject lands be designed to net -zero carbon standards to the extent possible and include affordable housing options;" 9. Recess and Reconvene The Special Council meeting then recessed at 9:03 p.m. and reconvened at 9:18 p.m., chaired by Mayor B. Vrbanovic, with all members present, except Councillors D. Chapman and A. Clancy. 7 10. Notice of Motion - Councillor P. Singh - Regional Official Plan Review (Cont'd) In response to questions, D. Chapman stated the motion being considered by Council this date is commentary to the Minister on the Regional Official Plan and the preferred growth areas, the decision will be the Minister of Municipal Affairs and Housing. It was requested that this matter be voted on, on a recorded vote. Councillor loannidis's amendment was then voted on and was Carried on a recorded vote, with Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, C. Michaud, A. Owodunni, P. Singh, B. loannidis and M. Johnston voting in favour; and, Councillor J. Deneault voting in opposition. The following motion was then voted on, on a recorded vote. Moved by Councillor P. Singh Seconded by Councillor S. Davey "WHEREAS the Region of Waterloo commenced a comprehensive review of their Official Plan in 2018; WHEREAS as a result of their comprehensive Official Plan review, the Region of Waterloo approved Official Plan Amendment No. 6, (ROPA 6) in August 2022, that established a regional planning framework to accommodate forecasted population and employment growth to the year 2051 to conform to the Provincial Policy Statement and A Place to Grow: Growth Plan for the Greater Golden Horseshoe; and, WHEREAS Kitchener City Council was an active participant in the Region's Official Plan review process providing input throughout; WHEREAS on June 13, 2022 City Council adopted the following motion to provide input to the Region of Waterloo with respect to ROPA No. 6: THEREFORE BE IT RESOLVED that Kitchener urges the Region to research the broader supply issue and explore options outside of those proposed; notably to increase absolute growth targets to adjust for the current housing supply debt/deficits, to date; THEREFORE BE IT RESOLVED that the Region be requested to work with City staff to ensure Kitchener's fair share of growth with respect to infill and intensification but also in determining where greenfield expansion is appropriate via efficiencies of existing or planned near- term servicing. City of Kitchener Council supports consideration of higher intensification targets and that the target be set at a minimum of at least 60%; THEREFORE BE IT RESOLVED that any required greenfield growth be confined to within the country -side line / on lands not designated Protected Countryside; THEREFORE BE IT RESOLVED that the City of Kitchener urges the Region of Waterloo to allow for zoning of a mix of housing types throughout all growth areas using the Region's Draft Range and Mix of Housing Policies; THEREFORE BE IT RESOLVED that the City of Kitchener urges the Region of Waterloo to continue researching the broader issues affecting affordable housing supply and implement best practice policies to advance our shared goal of making housing more affordable for all residents; and, THEREFORE BE IT FINALLY RESOLVED that the City of Kitchener urges the Region of Waterloo to provide for complete, sustainable and walkable communities, supported by LRT and other forms of public transit and be consistent with our climate change commitments; and, WHEREAS the City of Kitchener continues to be a leader in supporting housing development in all forms to help address the current housing crisis; and, WHEREAS the City of Kitchener adopted the Provincial Housing Pledge to construct 35,000 units by 2031, with 30% of the pledged units already being approved for construction; and, WHEREAS the City continues to seek opportunities to expand the housing availability within the City, most recently directing staff to provide "as of right" zoning permissions for 4 -unit dwellings city-wide; and, WHEREAS on April 11, 2023 the Minister of Municipal Affairs and Housing (Minister) issued a decision on ROPA No. 6, with modifications pertaining to the City of Kitchener that included lands within southwest Kitchener being added to the urban area; WHEREAS the land parcels identified as Part of the lands legally described as: LT 144 GERMAN COMPANY TRACT KITCHENER; PT LT 143 GERMAN COMPANY TRACT KITCHENER AS IN 368142, T/W 368142 PARTIALLY 9 RELEASED BY WR154625; KITCHENER (Being all of PIN: 227280027); and, Part of the lands legally described as: PART LOT 141 GERMAN COMPANY TRACT KITCHENER, PART LOT 142 GERMAN COMPANY TRACT KITCHENER AND PART LOT 143 GERMAN COMPANY TRACT KITCHENER, PARTS 1 & 2 PLAN 58R20966; S/T EASEMENT OVER PART LOT 142 GERMAN COMPANY TRACT KITCHENER, PART 2 PLAN 58R20966 AS IN 949187; S/T EASEMENT OVER PART LOT 142 GERMAN COMPANY TRACT KITCHENER, PART 2 PLAN 58R20966 AS IN 1011823 (EASEMENT 1011823 PARTIALLY RELEASED AS IN WR1546625 & WR1190463 CITY OF KITCHENER (Registry PIN: 227281206)PART LOT 141 GERMAN COMPANY TRACT KITCHENER, PART LOT 142 GERMAN COMPANY TRACT KITCHENER AND PART LOT 143 GERMAN COMPANY TRACT KITCHENER, PARTS 1 & 2 PLAN 58R20966; S/T EASEMENT OVER PART LOT 142 GERMAN COMPANY TRACT KITCHENER, PART 2 PLAN 58R20966 AS IN 949187; S/T EASEMENT OVER PART LOT 142 GERMAN COMPANY TRACT KITCHENER, PART 2 PLAN 58R20966 AS IN 1011823 (EASEMENT 1011823 PARTIALLY RELEASED AS IN WR1546625 & WR1190463 CITY OF KITCHENER (Registry PIN: 227281206); And More particularly shown as "Lands added to the Urban Area by the Minister, and outside the Regionally adopted Countryside Line" on the mapping attached hereto as Attachment A: ■ Was designated "Prime Agriculture Area", rather than the more restrictive designation of "protected countryside" in the Regional Official Plan approved by the Ontario Municipal Board on June 18, 2015; and, ■ Is readily serviced and could support new housing supply within the next five years; THEREFORE BE IT RESOLVED that the City of Kitchener supports the April 11, 2023 Minister's Decision on ROPA No. 6; THERFORE BE IT FURTHER RESOLVED that the City of Kitchener urges developments within the subject lands be designed to net -zero carbon standards to the extent possible and include affordable housing options; 10 THEREFORE BE IT FINALLY RESOVED that a copy of this resolution be forwarded the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Region of Waterloo and all area municipalities within the Region of Waterloo." Carried, as amended, on a recorded vote 11. By-laws 11.1 Three Readings Moved by Councillor A. Owodunni Seconded by Councillor C. Michaud "That the by-laws be given third reading, namely: 11.1.a To confirm all actions and proceedings of the Council for November 27, 2023. (By-law 2023-165) Carried 12_ Adjournment On motion the meeting adjourned at 10:01 p.m. IL Mayor M" Clerk