Loading...
HomeMy WebLinkAboutCouncil Minutes - 2024-03-18 SSpecial Council Meeting Minutes March 18,2024,1:30 p.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 B. loannidis Councillor M. Johnston Councillor D. Chapman Councillor S. Stretch Absent: Councillor P. Singh 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 R. Bustamante, Director of Planning G. Stevenson, Director, Development & Housing Approvals T. Donegani, Senior Planner J. Zunic, Senior Planner A. Clark, Senior Urban Designer J. Vieira, Heritage Planner D. Saunderson, Deputy Clerk M. Blake, Committee Administrator 1 1. Commencement A meeting of City Council was held at 1:30 p.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. 2. Disclosure of Pecuniary Interest and the General Nature Thereof 3. In -camera Meeting Authorization 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 matter of solicitor -client privilege and a personal matter about an identifiable individual as authorized by Sections 239 (2) (b) and (f) of the Municipal Act, 2001, respectively." Carried 4. Recess and Reconvene The Special Council meeting recessed at 2:00 p.m. and reconvened at 2:25 p.m., chaired by Mayor B. Vrbanovic, with all members present. 5. Planning and Strategic Initiatives Committee Report - January 29, 2024 5.1 Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, DSD -2024-005 and Follow-up Report DSD -2024-128 Councillor C. Michaud declared a conflict on this item. (Councillor C. Michaud declared a pecuniary interest with respect to Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, DSD -2024-005 with regards to 84 Frederick Street, on the agenda this date due her employment, and did not participate in any discussion or vote regarding this matter.) Council considered Development Service Department report DSD -2024-005 and Follow-up Report DSD -2024-128, Growing Together - Protected Major Transit Station Area Land use and Zoning Framework, dated March 14, 2024, listed as item 6.1 on the agenda this date. It was noted this matter was initially considered at the Planning and Strategic Initiatives Committee on January 29, 2024 and E further at Council on February 12, 2024, and was deferred to the meeting this date to allow an opportunity for staff to further dialogue with the residents who provided oral or written submissions through those meetings and to respond to any of the concerns that were raised. Council was also in receipt of written submissions from J. Seeds, JD Development Group — on behalf of 39 & 51 Church St & 69 & 73 Benton Street, M. Morgenroth W. and N. Altmeyer, K. Barisdale, GSP Group, S. Litt, Vive Development, H. Jaeger, M. Hay, K. Muir, L. Menard, J. Stemberger, D. Parker, P. Heidebrecht, S. Head, and D. Kuehl related to the subject Official Plan and Zone Change applications. J. Readman, General Manager, Development Services Department, provided an overview of the supplemental report to DSD -2024-005. N. Goss, Manager, Policy and Research, outlined the supplementary engagement methods completed since the initial consideration of the matter on January 29, 2024, noting staff further engaged with the public as follows: circulation of additional materials in graphic form to communicate principles of the Growing Together framework, a community open house conducted on February 29, 2024 with approximately 30 community members in attendance, and the occurrence of 14 meetings with landowners, members of the development industry and consultants about site specific matters. It was noted staff evaluated a total of 56 submissions as seen in Table 1 of DSD -2024-005. N. Goss noted staff are requesting a small amendment to the documents provided, noting since the publishing of the Council agenda this past Friday, two omissions have been identified. The report before Council indicated a recommended change in land use to Strategic Growth Area B for 23-31 Cedar Street North and 18 to 26 Madison Avenue North. This recommended change was missed on the Official Plan amendment and the correct map has been provided to the City Clerk for inclusion on the public record. Additionally, two notes were missed in Table 6-5 the purpose of which is to clarify regulations about building length and floor plate area for buildings less than 12 -storeys. Should Council approve the Official Plan and Zoning By-law amendments in front of them today, these changes will be reflected as presented. M. Haye, Waterloo Region Council of Canadians, was in attendance in support of the staff report, noting the significant links between Inclusionary Zoning and the Growing Together Framework. M. Morgenroth was in attendance in opposition to the staff recommendation, requesting the recommendation be refused due to concerns with safety of 3 neighborhoods, and the potential decrease in a sense of community with increased vertical developments. K. Barsidale, GSP Group, was in attendance on behalf of 49 to 55 Pine Street, requesting consideration be given to designating the properties as Strategic Growth Area B and zoned Strategic Growth Area 3: High Rise Growth Zone (Limited) as part of the Growing Together initiative. K. Barisdale was also in attendance on behalf of 115 Benton Street requesting consideration be given to designating the property as Strategic Growth Area 3. S Litt, Vive Development, was in attendance in opposition to the staff recommendation, noting concerns with potential financial increases, as well as potential increases to construction timelines, which may impact renters and buyers alike. P. Nickels was in attendance in support of the staff report, requesting consideration be given to further deferring the transitional zoning between SGA -1 and SGA -4 zones along Joseph Street between Ontario Street and Victoria Street until after the Official Plan review, and, greater tree protection measures to continue to support the City's goal of 30% tree canopy in each ward by 2050. H. Jaeger was in attendance in support of the Growing Together Framework, requesting Council consider further amending the proposed Official Plan and Zoning By-law to include that "zoning permissions do not necessarily reflect heritage preservation requirements into the Official Plan, after proposed Section 15.D.2.8.", and that "Item A in 2019-051 Zoning By-law Section 4.14.8.1 'Patios, decks and outdoor recreation associated with a restaurant may project into a required yard provided that they are located a minimum of 30m from any residential zone."' D. Aston, MHBC Planning, addressed Council on behalf of 178, 188, 196 and 202 Queen Street South as well as 15 Joseph Street, noting support for the staff recommendation as presented in the initial report, DSD -2024-005 W. Eckhardt was in attendance in support of the staff recommendation, noting support for making walkable communities where possible. D. Galbraith, Up Consulting Ltd, was in attendance on behalf of Ontario Seed Company and Fitzrovia Residential Development, noting support for the staff recommendation proposed in the report, DSD -2024-128. M. Doherty attended in support of the staff recommendation, stating the zoning outlined should be expanded beyond the Major Transit Station Area, and additional steps should be taken to address affordable housing. M Mayor B. Vrbanovic left the meeting at this time and Councillor S. Davey assumed the Chair. M. Bowman was in attendance in support of the staff recommendation, noting the framework offers the opportunity to create connected communities, where most of a person's daily needs can be met with a short walk, ride, roll or transit ride. B. Flewwelling, GSP Group, and P. Benninger addressed the Committee on behalf of 60 Ottawa Street, 97 Kent Street 449 Charles Street, requesting the lands indicated be included in the Growing Together Framework outlined in DSD - 2024 -005. A. Sinclair, MHBC Planning, addressed the Committee in support of the supplemental report following their meeting with staff. A. Head, Dryden Smith and Head Planning, addressed the Committee on behalf of 286-296 Ottawa Street and additional properties surrounding Weber Street, Cedar Street, Duke Street and Scott Street in opposition to the staff recommendation. A. Head noted concerns with staff's designating 286-296 Ottawa Street SGA -2, and requested the lands instead be zoned SGA -3. A. Head also requested the Cedar/Weber street blocks be zoned SG3 or SGA -4. J. Watson, G. Schenks, S. Gunz were in attendance in opposition to the staff recommendation. Mayor B. Vrbanovic returned to the meeting at this time, and resumed the Chair. The Committee recessed at 4:40 pm. and returned at approximately 4:50 p.m., chaired by Mayor B. Vrbanovic with all members present. Staff provided additional information in response to the comments made by the delegations. It was noted due to time constraints, this matter was being referred to the Council meeting later this date, to allow Council an opportunity to dialogue further regarding Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, DSD, 2024-128. Moved by Councillor J. Deneault Seconded by Councillor D. Schnider "That due to time constraints the following motion be referred to the March 18, 2024 Council meeting, later this date to allow an opportunity for Council to dispense with the matter: G� "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 Report DSD -2024-128 as Attachment `A', and accordingly forwarded to the Region of Waterloo for approval; 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; 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 DSD -2024-128 as Attachment `C', and accordingly forwarded to the Region of Waterloo for approval; That City Initiated Zoning By-law Amendment Application ZBA23/028/K/JZ to amend Zoning By-law 2019-051 for lands within seven of the City's Protected Major Transit Station Areas, be approved in the form shown in the "Proposed By-law" attached to Report DSD -2024-128 as Attachment `D'; and That City Initiated Zoning By-law Amendment Application ZBA23/029/K/JZ to amend Zoning By-law 2019-051, for lands recommended to be removed from existing Secondary Plans be approved in the form shown in the "Proposed By-law" attached to Report DSD -2024-128 as Attachment `E'. 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 to the City initiated Zoning By-law Amendments." n. Carried 5.2 Inclusionary Zoning - Official Plan Amendment and Zoning By-law Amendment, DSD -2024-029 and Follow-up Report DSD -2024-111 Council considered City -Initiated Official Plan Amendment Application OPA23/015/K/TD, and City Initiated Zoning By-law Amendment Application ZBA23/027/K/TD, Inclusionary Zoning, DSD -2024-029 and Follow-up Report DSD -2024-111, listed as item 6.2 on the agenda this date. It was noted this matter was initially considered at the Planning and Strategic Initiatives Committee on January 29, 2024 and further at Council on February 12, 2024, and was deferred to the meeting this date to allow an opportunity for staff to further dialogue with the residents who provided oral or written submissions through those meetings and to respond to any of the concerns that were raised. Council was also in receipt of written submissions from J. Henry, J. Seeds, JD Development Group on behalf of 39 and 51 Church Street & 69 and 73 Benton Street, L. Macredie, C. Cressman, W. and N. Altmeyer, H. Jaeger, N. Brubaker, L. Menard, N. Bogdan, S. Lloyd-Swail, J. Stemberger, H. Beaulieu, D. Parker, J. Howe, and the Waterloo Region Home Builders Association. N. Goss, Manager, Policy and Research, provided an overview of the report, highlighting the supplemental engagement measures conducted, such as continued conversations with the development sector, V. Labreche, Arcadis Canada on behalf of Ontario INC 1928393, addressed Council requesting consideration of site-specific amendments to the proposed inclusionary zoning regulations for the lands identified as 97-101 Park Street and 186-194 Victoria Street South. D. Kilby and J. Howitt, Mayor's Advisory Committee for Kitchener Seniors addressed Council noting concerns with the impact of current state of housing on seniors. K. Charlesworth was in attendance in support of the staff report, stating that concerns of increased housing costs and potential for stifled development are not grounded claims. Y. Fernandes was in attendance in support of the staff report, noting the positive impact of inclusionary zoning on addressing the affordable housing crisis dramatically outweighs the disadvantages to the development industry. P. Nickels addressed Council in support of the staff report, noting the proposed zoning as a significant tool to address the affordable housing crisis. 7 H. Jaeger was in attendance in support of the staff recommendation, however noted concerns that the proposed zoning may unfairly burden the development industry to address the housing crisis which should be addressed by the government. M. Doherty addressed Council in support of the staff recommendation, noting inclusionary zoning paired with the Growing Together Framework should serve as a first step of many to address housing shortages and the affordable housing crisis. P. Leveck, Urban Legend Developments Ltd., addressed Council in opposition to the staff recommendation, noting the proposed zoning is likely to have unintended consequences. A. Annamalai addressed Council noting the significance of the proposed zoning in addressing the affordable housing crisis, and stating concerns with unfairly assigning the development sector with the responsibility of tackling the problem. M. Durrell, Build Urban, was in attendance in support of the staff recommendation, requesting once in place, the Inclusionary Zoning By-law receive bi-annual reviews, and continued conversations with the development sector be continued. J. Puopolo, Polocorp Inc. was in attendance noting concerns that the increased costs for developers will ultimately result in increased costs for first-time homebuyers. J. Beckner addressed the Committee in support of the proposed Inclusionary Zoning By-law, noting its impact on the affordable housing crisis. D. Alton was in attendance in support of the staff recommendation, noting concerns inclusionary zoning will place unfair burden on developers to address the growing housing crisis, and affordable housing issues. D. Alton noted concerns that Council is not placing more pressure on the provincial and federal government to address the affordable housing crisis. M. Markham was in attendance noting concerns that inclusionary zoning will not solely address the problem of affordability in housing. It was noted due to time constraints, this matter was being referred to the Council meeting later this date, to allow Mayor B. Vrbanovic brought forward a motion to defer consideration of this matter to the March 18, 2024 Council Meeting directly following this meeting to allow Council an opportunity to dialogue further regarding Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, DSD, 2024-128. Moved by Mayor B. Vrbanovic Seconded by Councillor B. loannidis "That due to time constraints the following motion be referred to the March 18, 2024 Council meeting, later this date to allow an opportunity for Council to dispense with the matter: "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 Report DSD -2024- 111 as Attachment 'A' 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; 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 further, 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." Carried 9 6. Adjournment This meeting concluded at 7:05 p.m. ayor (i WOM Clerk 10