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Home My WebLink AboutCouncil Minutes - 2024-02-26 SSpecial Council Meeting Minutes February 26, 2024, 3:30 p.m. Council Chambers - Hybrid City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 Present: Councillor S. Davey Councillor D. Schnider Councillor J. Deneault Councillor C. Michaud Councillor A. Owodunni (virtually) Councillor P. Singh Councillor B. loannidis Councillor M. Johnston Councillor D. Chapman (virtually) Councillor S. Stretch Absent: Mayor B. Vrbanovic Staff: D. Chapman, Chief Administrative Officer M. May, General Manager, Community Services and Deputy Chief Administrator V. Raab, General Manager, Corporate Services 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 3:32 p.m. this date, chaired by Councillor P. Singh (Acting Mayor), with all members present, except Mayor B. Vrbanovic. 1 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 Councillor P. Singh. 2. Disclosure of Pecuniary Interest and the General Nature Thereof 2.1 Councillor A. Owodunni - Ontario Land Tribunal (OLT) Appeal Matter - (Litigation or Potential Litigation and Solicitor -Client Privilege 239 (2) (e) and (f)) Councillor A. Owodunni declared a pecuniary interest with respect to Ontario Land Tribunal (OLT) Appeal Matter - (Litigation or Potential Litigation and Solicitor -Client Privilege 239 (2) (e) and (f)), as he teaches at Conestoga College, an institution located in close proximity to the subject development site, and he did not participate in any voting or discussion on the matter. 3. Mayoral Business and Updates - Mayor B. Vrbanovic None. 4. In -camera Meeting Authorization Moved by Councillor D. Schnider Seconded by Councillor B. loannidis "That an in -camera meeting of City Council be held immediately following the special council meeting this date to consider two matters of solicitor - client privilege and one litigation or potential litigation and solicitor -client privilege matter as authorized by Sections 239 (2) (e) and (f) of the Municipal Act, 2001, respectively." Carried 5. Recess and Reconvene (Approximately 9:00 p.m.) The Special Council meeting recessed at 3:35 p.m. and reconvened at 7:55 p.m., chaired by Acting Mayor P. Singh, with all members present except Mayor B. Vrbanovic, to consider the balance of the agenda. 6. Disclosure of Pecuniary Interest and the General Nature Thereof 6.1 Councillor J. Deneault - Ontario Land Tribunal (OLT) Appeal Matter - (Litigation or Potential Litigation and Solicitor -Client Privilege 239 (2) (e) and (f)) 2 Councillor J. Deneault declared a pecuniary interest with respect to Ontario Land Tribunal (OLT) Appeal Matter - (Litigation or Potential Litigation and Solicitor - Client Privilege 239 (2) (e) and (f)) on the agenda this date as a member of his family works at Conestoga College, an institution located in close proximity to the subject development site and he did not participate in any voting or discussion on the matter. 7. Planning and Strategic Initiatives Committee Report - February 26, 2024 Council considered the following recommendations arising from the Planning and Strategic Initiatives Committee meeting earlier this date. 7.1 Zoning By-law Amendment Application ZBA23/038/G/ES, 186 Gehl Place, Kitchener Green Developments Inc., DSD -2024-076 Moved by Councillor D. Chapman Seconded by Councillor S. Davey "That Zoning By-law Amendment Application ZBA23/038/G/ES for Kitchener Green Developments Inc. be approved in the form shown in the `Proposed By-law', and `Map No. 1' attached to Development Services Department report DSD -2024-076 as Attachment `A', and as amended at the February 26, 2024 Planning and Strategic Initiatives Committee; 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 ZBA23/038/G/ES." Carried 7.2 Official Plan Amendment Application OPA23/021/W/ES, Zoning By-law Amendment Application ZBA231037/W/ES, 32-42 Windom Road, Jackman Property Holdings c/o Vive Development Corp., DSD 2024-071 Moved by Councillor D. Chapman Seconded by Councillor S. Davey it was resolved: "That Official Plan Amendment Application OPA23/021 /W/ES for Jackman Property Holdings c/o Vive Development Corp. requesting a Site -Specific Policy Area to permit a multiple residential dwelling development with a Floor Space Ratio of 1.4 and a Building Height of 15.1 metres on the lands specified and illustrated on Schedule `A', be adopted in the form 3 shown in the Official Plan Amendment attached to Development Services Department report DSD -2024-071 as Attachment 'A', and accordingly forwarded to the Region of Waterloo for approval; and further, That Zoning By-law Amendment Application ZBA23/037/W/ES for Jackman Property Holdings c/o Vive Development Corp. be approved in the form shown in the 'Proposed By-law', and `Map No. 1', attached to Report DSD -2024-071 as Attachment `B'." Carried 7.3 Building a Connected City Together: Official Plan Comprehensive Update Launch, DSD -2024-077 Moved by Councillor D. Chapman Seconded by Councillor S. Davey "That Staff be directed to initiate work on a new Official Plan for Kitchener in accordance with Development Services Department report DSD -2024- 077." Carried 8. Matters arising from the In -camera meeting 8.1 Environmental Site Condition - City Owned Lands - (Solicitor -Client Privilege 239 (2) (f)) Moved by Councillor B. loannidis Seconded by Councillor S. Davey "That the CAO be authorized to execute the necessary correspondence and/or agreement, satisfactory to the City Solicitor and the CAO, to indicate the City's acceptance of the terms and conditions regarding the environmental site condition on City land, in accordance with the direction given in -camera on February 26, 2024." Carried 8.2 Ontario Land Tribunal (OLT) Appeal Matter - (Litigation or Potential Litigation and Solicitor -Client Privilege 239 (2) (e) and (f)) Councillor A. Owodunni declared a conflict on this item. (Councillor A. Owodunni declared a pecuniary interest with respect to Ontario Land Tribunal (OLT) Appeal 0 Matter - (Litigation or Potential Litigation and Solicitor -Client Privilege 239 (2) (e) and (f)), as he teaches at Conestoga College, an institution located in close proximity to the subject development site, and he did not participate in any voting or discussion on the matter.) Councillor J. Deneault declared a conflict on this item. (Councillor J. Deneault declared a pecuniary interest with respect to Ontario Land Tribunal (OLT) Appeal Matter - (Litigation or Potential Litigation and Solicitor -Client Privilege 239 (2) (e) and (f)) on the agenda this date as a member of his family works at Conestoga College, an institution located in close proximity to the subject development site and he did not participate in any voting or discussion on the matter.) Moved by Councillor B. loannidis Seconded by Councillor S. Stretch "That the City Solicitor be authorized to settle the Ontario Land Tribunal (OLT) Appeal 23-001308 with respect to Zoning By-law 2023-156 pertaining to Lower Doon in accordance with the direction given in -camera on February 26, 2024." Carried 9. By-laws 9.1 Three Readings Moved by Councillor B. loannidis Seconded by Councillor J. Deneault "That the by-laws be given third reading, namely: 9.1.a Being a by-law to amend Zoning By-law No. 85-1, as amended, known as the Zoning By-law of the City of Kitchener, 186 Gehl Place (By-law 2024-046) 9.1.b Being a by-law to adopt Amendment No. 44 to the Official Plan - 32-42 Windom Road (By-law 2024-047) 9.1.c Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Jackman Property Holdings and Windom KW Inc. — 32-42 Windom Road (By-law 2024-048) l 9.1.d To confirm all actions and proceedings of the Council for February 26, 202a ............. . . ..... ....................... Mayor I -A -A Clerk AME MIM M