Loading...
HomeMy WebLinkAboutCouncil Minutes - 1993-12-13COUNCIL\1993-12-13 COUNCIL MINUTES DECEMBER 13, 1993 The Council of the Corporation of the City of Kitchener met this date with all members present. On motion by Councillor B. Stortz, the minutes of the regular meeting and the special meeting held on November 22, 1993, as mailed to the Mayor and Councillors, were accepted. A. Communication referred to Committee of the Whole (1) Letter dated December 8, 1993 from Mr. R.W. Pritchard, Commissioner of General Services & City Clerk to Members of Council relative to applications for cancellation, refund, reduction or levy of taxes. Mr. Fred Hasen appeared as a delegation representing the Kitchener Sports Association to thank Council for naming the Viewing Lounge in the Auditorium Complex the "Kitchener Sports Association Lounge". Mr. Hasen reviewed the history of the organization which was formed after World War II and pointed out that the only source of their income was from 50/50 draw tickets. He indicated that a plaque was being developed to erect in the Viewing Lounge. Mr. Hasen advised that currently the Association was working with the Parks & Recreation Department and has made a $25,000 commitment spread over a number of years for a specific project which is yet to be announced. Finally Mr. Hasen extended an invitation to Members of Council to attend the Association's monthly meetings. Ms. Valerie Gibaut assisted Mayor D.V. Cardillo in the presentation of Annual Community Service Awards to recognize students and partners who are involved in the City's Partnership in Education Program with Kitchener Collegiate Institute and Resurrection High School. Mayor D.V. Cardillo made presentations to the following: Ms. Danielle Tucker, Student - KCI Mr. Lou Ford, Principal - KCI - School Award Ms. Agnieszka Olejniczak, Student - Resurrection High School Mr. Mike Schmidt, Principal - Resurrection High School - School Award Ms. Leanne Moses, City of Kitchener - Volunteer Award Mr. T. McKay, CAO - City of Kitchener Award Ms. Christa Reid - Resurrection High School- Certificate of Appreciation Mr. Desmond von Teichman, Agent for the Walper Terrace Hotel, appeared as a delegation with respect to the request outlined in his November 29 letter to Mayor D.V. Cardillo pertaining to the urgency to erect three additional roof signs as part of the hotel's linkup within the Best Western Hotel System. He advised that the Local Architectural Conservation Advisory Committee has considered the proposal and has no objection, but that the signs would create a minor variance requiring approval by City Council. This matter was listed as Item B.8 of the Committee of the Whole Agenda of this date which included a report from Mr. K. Tribby on the matter as well as illustrations of the proposed signage. Moved by Councillor M. Yantzi Seconded by Councillor J. Ziegler That notwithstanding section 680.19.2 of the Kitchener Municipal Code, we approve the request of the Walper Terrace Hotel, King Street West, to erect three roof signs generally in accordance with the design proposal submitted by the hotel as attached to the December 8, 1993 report of Mr. K. Tribby. And further, that we grant any necessary encroachments related to their request and authorize the Mayor and clerk to execute said encroachment(s) agreement, prior to the issuance of sign permits. Carried. Mr. Ed Robinson, 8th Kitchener Scout Group, appeared as a delegation along with several of the members of the Scout Group to present a parchment inscription of their appreciation to Councillor T. Galloway in connection with his efforts to make the group's recent visit to City Hall a fulfilling one. Councillor Galloway accepted the memento on behalf of City Council and took the opportunity to express thanks to all volunteers such as Mr. Robinson for the effort that they put into development of young people. COUNCIL MINUTES - 661 - DECEMBER 13, 1993 Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson and the Vice President of Kaufman Footwear, appeared as a delegation in regard to clause 10 of the report of the Public Works and Transportation Committee of this date which deals with the Province's Highway No.7 Planning Study. Mr. Britton asked that Council endorse the Committee recommendation which opposes concept No.1 for the Highway 7/K- W Expressway Interchange and support Concept No.2 as the preferred alternative. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz That clause 10 of the report of the Public Works and Transportation Committee of this date be adopted. Carried. Mr. P. Britton also appeared as a delegation in regard to clause 3 of the report of the Public Works & Transportation Committee. He advised that he was representing Custom Trim with respect to this transit service issue and stated that the resolution approved by the Committee was of concern as to timing of review and possible route implications. He asked Council to direct staff to review a complete range of options for report at the next Committee meeting in hope of achieving full service as soon as possible. Councillor J. Smola commented on possible alternatives and suggested that staff look at options, particularly including Route 8 and 18. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz That clause 3 of the report of the Public Works and Transportation Committee of this date be amended so as to add the following phrase at the end of the Committee recommendation "with one of the alternatives being reversal of Route 8 and 18 in the service area" and that clause 3 as amended, be adopted. Carried. Mr. Jake Smola appeared as a delegation to oppose clause 6 of the report of the Finance and Administration Committee of this date. Clause 6 deals with payment of invoices to contractors for work performed to complete Fire Station No.6. Also, Mr. Smola pointed out that $732,000 was in the 1992 Capital Budget for the Fire Station when in fact the contract price for construction of the station was $897,000. He stated that he objected to the contents of a report from Mr. L. Proulx which suggested that there was an additional $75,000 unspent from the budget when in fact the project was over budget. Mr. Smola then made comments respecting: outstanding liens against the project, the fact that firefighters hired to staff the station were unable to do so because of the contractor not completing the station on schedule and the question of whether or not the contractor or the City should be responsible for the salaries of these firefighters during this period, reference in the document to a 2-3% fallback which amounts to $20,000-$30,000 and the question as to whether or not the same situation would apply to costs respecting the new City Hall. Finally, he asked that Council request staff to prepare a report for consideration by the Finance and Administration Committee dealing with this matter as well as the tendering and spending process. Mr. T. McKay requested that Council not defer payment of the invoices itemized in clause 6 of the Committee recommendation as the work was required to be done and must be completed. He noted that all of the questions raised by Mr. Smola could be answered at a later date. Councillor C. Zehr commented that to defer payment would be to withhold payment from people who, in good faith, completed work required at the station. In response to Councillor J. Ziegler on the matter of liens and holdback Mr. J. Wallace advised that Mr. J. Shivas has been directing holdbacks and searching title regularly in this regard and that all the questions could be fully answered at the January 17 meeting of the Finance and Administration Committee. Moved by Councillor C. Zehr Seconded by Councillor B. Stortz That clause 6 of the report of the Finance and Administration Committee of this date be adopted. Carried. Councillor T. Galloway welcomed the Leader and members of the 8th Kitchener Cub Group who operate from the Pioneer Public School to the Council meeting this date. Messrs. Leon Parent and Bob Johnston who are members of the Farmers' Market Advisory Committee COUNCIL MINUTES - 662 - DECEMBER 13, 1993 appeared as a delegation in support of clause 6 of the report of the Community Services Committee of this date. Clause 6 deals with installation of an exhaust hood for frying/grilling purposes and the removal of an existing exhaust hood that does not meet standards of the Fire Department. The delegation pointed out that the Market Advisory Committee after fully reviewing options with those vendors that would be affected by this proposal supported the recommendation which complies with the Fire Department's standards. Mr. D. Corry, Market Manager, explained that the overall plan was to make the area where the existing exhaust hood is located available for use by caterers in connection with non-market rentals of the Market hall and noted that this initiative would enhance the rental of the Market hall. In response to Mayor D.V. Cardillo, Mr. Corry indicated that it would cost approximately $1,000 to modify the existing exhaust hood but that it would still be necessary to provide exhaust systems for numerous vendors and this matter was rationalized within the proposal approved by the Market Advisory Committee. Ms. Mary Lou Gatto appeared as a delegation on behalf of her mother and herself as they were the refreshment vendor affected by the removal of the existing exhaust hood. She questioned how the proposal could possibly be justified and stated that they were being discriminated against and asked Council to defer consideration of the matter so as to allow all of the facts to be made clear. Mr. Bud Stanley, Director of Business Facilities, stated that there was no need to defer the matter as the entire issue was a simple one involving a work order issued by the Fire Department against the Farmers' Market. He indicated that meetings were held with affected vendors and all alternatives explored with respect to the issue of both on-site and off-site food preparation and necessary venting systems. Mr. Stanley advised that the rents of those vendors benefitting from the exhaust system would double to finance the cost of the necessary Capital improvement and there was no wasting of taxpayer dollars in this regard. Councillors G. Lorentz and M. Yantzi then made comments supporting the Committee recommendation. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola That clause 6 of the report of the Community Services Committee of this date be adopted. A recorded vote was requested by Mayor D.V. Cardillo. In Favour: Councillors C. Zehr, C. Weylie, M. Yantzi, G. Leadston, G. Lorentz, J. Smola, J. Ziegler, B. Stortz, T. Galloway and M. Wagner. Contra: Mayor D.V. Cardillo. Motion Carried. At this point Councillor B. Stortz welcomed the leaders and members of the 5th Kitchener Cub Pack who operate from St. Andrews Presbyterian Church who had just entered the Council meeting after touring the City Hall facilities. Mr. Martin Wasilka appeared as a delegation on two matters. The first item concerns the applications to be considered this date for tax adjustments. Mr. Wasilka advised that he had recently discovered that he had been assessed and taxed since 1987 for a non-existent garage on his property and had filed for a rebate from January 1992. It was noted that this item was listed as No.165 in the Tax Adjustment Schedule to be considered as part of the Committee of the Whole Agenda of this date. He requested clarification as the tax adjustment recommendation being made this date as it related only to the year 1993. Mr. J. Gazzola advised that staff would look into the matter and report at a later date and recommended that the adjustment as it relates to 1993 be dealt with at this time. On motion by Councillor B. Stortz, seconded by Councillor C. Weylie, Council indicated that Item 165 of the tax adjustments would be approved in Committee of the Whole this date. COUNCIL MINUTES - 663 - DECEMBER 13, 1993 The second issue Mr. Wasilka was appearing on was to question if Provincial Legislation - Bill 120 addresses the location of Lodging Houses and Residential Care Facilities and if Council was using Bill 120 as a motivating force in its decision-making relative to its consideration of the current Inner City Secondary Plans and Stage 6 of the Comprehensive Zoning By-law. He also questioned if Council supports the draft Municipal Plan as it relates to statements concerning Heritage Resources and he proceeded to read a paragraph in this regard from the proposed Municipal Plan. Mr. Wasilka then suggested that the Central Frederick Neighbourhood was such a district that had such heritage resources and asked that Council consider this matter. Councillor B. Stortz replied that Bill 120 relates just to the issue of apartments in houses and that Kitchener was planning the community based on its own situation. Mr. Wasilka commented that his question was that the City was trying to get ahead of Bill 120. Mr. T. McCabe supported Councillor Stortz by stating that the two issues were totally separate from one another and that the current Secondary Plans and Stage 6 rezoning amendment were the City's own initiatives. Ms. Michelle Morissetti appeared as a delegation to express support for clause 9 of the report of the Planning and Economic Development Committee of this date which deals with the Cedarhill Neighbourhood Secondary Plan. She stated that she was delighted that lodging houses were being included within all of the Secondary Plans. Ms. Sally Gunz also appeared as a delegation to support the Cedarhill Neighbourhood Secondary Plan as recommended by the Committee. Mr. Barry Gough appeared as a delegation with regard to clause 14 of the report of the Planning and Economic Development Committee which deals with the Civic Centre Neighbourhood Secondary Plan. He stated that the neighbourhood association supports the efforts of the City in this regard and especially the prevention of commercial encroachments that would alter the character of this residential neighbourhood. He commented on the fact that the Secondary Plan and Zoning By-law provides sufficient flexibility so as to allow for multiple units. Mayor D.V. Cardillo questioned Mr. Gough what his position was with respect to 36, 40 and 60 Ellen Street and Mr. Gough replied that the uses at those properties had been brought forward after the neighbourhood's review, and that the neighbourhood association was not in favour of any designation other than preservation of residential. Councillor B. Stortz commented that the neighbourhood was more committed than ever to preserve its residential character. Mr. Paul Bender appeared as a delegation representing his mother who owns 40 Ellen Street East which has been in the family for many years. Mr. Bender suggested that the residential flavour of that portion of Ellen Street between Queen Street and Lancaster Street, was destroyed many years ago and that he would favour office type uses in the property. He suggested that it would be good planning to provide a buffer between the Centre In The Square and Court House and the adjoining residential neighbourhood. Councillor M. Yantzi commented that these properties on Ellen Street were still residential dwellings. Mr. Leighton Steinhoff, owner of 58-60 Ellen Street East, appeared as a delegation and advised that the property contains a barber shop and six apartments and that it was his plan to retire and sell the property. In this regard, he has received enquiries from lawyers who see the property as an ideal office use given its location adjacent to the Court House along with eight parking spaces. Mr. John MacDonald appeared as a delegation on behalf of the Victoria Park Neighbourhood Association to express support for the entire Planning and Economic Development Committee report of this date. He asked that the Secondary Plan be viewed as a comprehensive package particularly as to the broad view of all neighbourhoods that is taken and that he was looking forward to initiation and implementation of Stage 7 of the Comprehensive Zoning By-law. Mr. T. McCabe referred members of Council to the memorandum dated December 13, 1993 distributed this date from Ms. C. Ladd. The memorandum deals with several outstanding issues relative to the properties within the Secondary Plans and proposed Zoning By-law. Ms. C. Ladd then reviewed the contents of her memorandum. In reference to the Victoria Park Neighbourhood Secondary Plan, Ms. Ladd advised that she met with representatives of the owners of 384-402 Queen Street South and that staff were now prepared to recommend a change to the property designation as outlined. Councillor M. Yantzi disclosed a conflict of interest and abstained from discussion relative to the Victoria Park Neighbourhood Secondary Plan and the portions of the proposed Zoning By-law as it relates to Victoria Park as he owns property within the area of the Secondary Plan. COUNCIL MINUTES - 664 - DECEMBER 13, 1993 Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That a special policy be added to Section 4.6 of the Victoria Park Neighbourhood Secondary Plan as follows: 4.6.14 Notwithstanding the Medium Density Commercial Residential land use designation on 384 - 402 Queen Street South, a Floor Space Ratio of 3.0 shall be permitted. That Schedule "A", Plan for Land Use, of the Victoria Park Neighbourhood Secondary Plan be revised to change the designation from "Low Density Commercial Residential" to "Medium Density Commercial Residential" on the 'non-floodplain' portion of those lands municipally known as 384 - 402 Queen Street South. That the proposed zoning on the 'non-floodplain' portion of those lands municipally known as 384 - 402 Queen Street South be changed from "CR-I" to "CR-2" with a special regulation provision permitting a maximum FSR of 3.0 That no further notice is required as a result of the proposed changes to the Zoning By-law prior to the passing of said By-law. Carried. Councillor M. Yantzi previously disclosed a conflict of interest and abstained from all discussion and voting as he owns property within the area of the Victoria Park Neighbourhood Secondary Plan. Ms. Ladd then commented on the Civic Centre Neighbourhood Secondary Plan with regard to 9 Ahrens Street and 10 Roy Street and pointed out that the designation had been flipped and staff now request that it be corrected along with the implementing zoning. Councillor B. Stortz stated that this was a mapping error and that he had clarified the issue with the property owners. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That the land use designation on 9 Ahrens Street be changed from "Low Density Conservation" to "Office Residential Conversion" and the land use designation on 10 Roy Street be changed from "Office Residential Conversion" to "Low Density Conservation" and that Schedule 'A', Plan for Land Use, of the Civic Centre Neighbourhood Secondary Plan be revised in this regard. Further, that the implementing zoning for these properties be changed accordingly, in order to correct a mapping error. That no further notice is required as a result of the proposed changes to the Zoning By-law prior to the passing of said by-law. Carried. Mayor D.V. Cardillo advised that he would like to make a motion to change the designation of 36, 40 & 60 Ellen Street to Office Use and that a special policy should be put into the Civic Centre to accommodate this. Ms. C. Ladd commented that the Civic Centre Neighbourhood Secondary Plan had numerous special policies including one for the McMurchy property. Since Mayor D.V. Cardillo was in the chair, Councillors J. Ziegler and M. Yantzi volunteered to Move and Second the motion which Mayor D.V. Cardillo proposed. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi That the designation of 36, 40 and 60 Ellen Street within the Civic Centre Neighbourhood Secondary Plan be changed to Office Use. COUNCIL MINUTES - 665 - DECEMBER 13, 1993 Councillor B. Stortz pointed out that Ellen Street has thrived since implementation of the original plan and its residential integrity had been upheld and would continue to be with implementation of the new plan. Mayor D.V. Cardillo requested that the three residential properties at least be given the flexibility to change to Office Use. The motion was then put to a recorded vote as requested by Mayor D.V. Cardillo. In Favour: Mayor D.V. Cardillo. Contra: Councillors C. Zehr, C. Weylie, J. Ziegler, M. Yantzi, J. Smola, G. Leadston, G. Lorentz, M. Wagner, T. Galloway and B. Stortz. Motion Lost. Ms. C. Ladd then commented on the three remaining matters in her memorandum. The Zion United Church properties were deferred for consideration this date and she recommended that the proposed designation and zoning be approved. Councillor B. Stortz commented that he held a meeting with trustees of the church and that Mr. L. Matthews had drafted a letter which Mr. Russell Feil, the church's representative, feels satisfied with and would be passing the letter on to church trustees. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That the proposed special policy for the Zion United Church in the Civic Centre Neighbourhood Secondary Plan and the proposed special regulation provision in the implementing Zoning By-law be approved as proposed for the reasons stated in the December 13, 1993 letter from Mr. L. Masseo to Mr. Russell Feil. Carried. Ms. Ladd then commented on 530 Mill Street and noted that the owner is proceeding with development of the property under the existing by-law. She also stated that a letter had been received this date requesting a deferral of the property at 63 Courtland Avenue which staff oppose. Councillor M. Yantzi stated that he has spoken to the owner relative to this matter. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That the land use designation in the MilI-CourtlandANoodside Park Neighbourhood Secondary Plan and implementing zone for 530 Mill Street be approved as proposed as the owner is proceeding with the proposed industrial use at this time under the current industrial zoning and no longer has any objections to the proposed residential designation and zone. That the requested deferral, as outlined in the letter dated December 13, 1993 from Minas Vassiliadis, for the lands in the MilI-CourtlandANoodside Park Neighbourhood Secondary Plan located at 63 Courtland Avenue, not be granted. Carried. Councillor M. Wagner again expressed concern with respect to the issue of a 4.5 metre setback as dealt with by the Local Architectural Conservation Advisory Committee and considered by the Planning and Economic Development Committee. He stated it was his concern to make sure that this issue is flagged and dealt with in future by the Planning and Economic Development Committee as required. Ms. C. Ladd advised that the City has not had a problem with properties that have even a minimal building line and noted that if the situation of concern to Councillor Wagner occurs there would be nothing staff would be able to do at the time that it happens, but that staff would monitor and review such occurrences and bring them to the attention of the Committee. Councillor M. Wagner then raised a concern with regard to the 12 metre (40 foot) minimum lot width contained in the Secondary Plans and noted that many of the lots on streets in his ward were 39 feet. He questioned what assurance could be given that owners of these properties when making enquiries at the City, would have a chance of achieving duplexing. COUNCIL MINUTES - 666 - DECEMBER 13, 1993 In response to Councillor M. Wagner, Ms. C. Ladd advised that it was necessary for staff to pick a number as a standard width in regard to this matter. She suggested that it was inappropriate for Council to give direction to the Committee of Adjustment in respect to future applications relating to the approval of a variance as a result of inadequate minimum lot width but noted that the Committee of Adjustment would be looking at other criteria when they consider such requests. In summary, she stated that staff felt the concern expressed by Councillor Wagner was not a problem that would prohibit approval of variance applications. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That the report of the Planning and Economic Development Committee (November 29, 1993) of Council of this date be adopted. Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That the report of the Planning and Economic Development Committee (December 6, 1993) of Council of this date be adopted. Councillor T. Galloway expressed concern with respect to clause 5 of the report concerning an Official Plan Amendment dealing with road widening policies. He stated that he wanted it understood that the only reason scenic roads were on the list was not because it was intended that they be subject of a hard surface widening, but rather they were on the list in order to maintain the right-of-way for scenic preservation. He noted that the new Municipal Plan would refer to these roads which he listed as Dodge Drive, Groh Drive, Mill Park Drive, Reidel Drive, Stauffer Drive and Trussler Road. Councillor B. Stortz commented on the merit of the planning process that had been followed respecting the Inner City Neighbourhood Secondary Plans and Amending Zoning By-law and thanked staff for their efforts in this regard. On motion by Councillor C. Weylie, seconded by Councillor J. Ziegler, it was agreed to amend clauses 11, 14 & 15 of the report to incorporate the resolutions approved this date relating to the properties known as 384-402 Queen Street Soouth, 9 Ahrens Street, 10 Roy Street and the lands of Zion United Church fronting on Weber Street extending to Roy Street. The report was then put to a vote and a recorded vote was requested in respect to clauses 6 through 15 inclusive. Voted on clause by clause. Clause 6, 7, 8, 9, 10, 11 (as amended), 12, 13, 14 (as amended) and 15 (as amended). In Favour: Mayor D.V. Cardillo and Councillors C. Zehr, C. Weylie, B. Stortz, M. Yantzi, M. Wagner, G. Leadston, G. Lorentz, J. Smola, J. Ziegler and T. Galloway. Contra: None. Balance of report - Carried. Recorded conflict of interest and abstention: Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola That the report of the Community Services Committee of this date be adopted. Councillor M. Yantzi - Portions of clauses 11 & 15 as they relate to his residential property and neighbouring lands within Victoria Park. COUNCIL MINUTES - 667 - DECEMBER 13, 1993 Councillor G. Lorentz spoke to the matter of appointment of a General Manager and Assistant General Manager for the Parks & Recreation Department effective January 1, 1994 and advised that a News Release had been prepared in this regard. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola That the following motion be added as clause 15 of the Committee report: "That effective January 1, 1994, Tom Clancy be appointed General Manager of the Parks & Recreation Department and Bob Arnot be appointed Assistant General Manager." Carried. In regard to clause 11 concerning the Chandler Mowat Community Centre, Councillor T. Galloway advised that there will be some form of Opening Ceremonies take place early in 1994. Councillor M. Yantzi expressed concern with regard to clause 8 concerning upgrading of Rockway Golf Course and relocation of Rockway Lawn Bowling to an alternate site. He indicated that information had been provided this date concerning final costs for the lawn bowling relocation which were of concern to him and asked that he be recorded as being opposed to clause 8. The report was then put to a vote. Voted on clause by clause. Clause 6 - Dealt with under Delegations and Carried. Balance of report - Carried. Recorded conflict of interest and abstention: Clause 5 - Councillor T. Galloway as he is employed by the University of Waterloo. Moved by Councillor C. Zehr Seconded by Councillor B. Stortz That the report of the Finance and Administration Committee of this date be adopted, Voted on clause by clause, Clause 6 - Dealt with under Delegations and Carried. Balance of Report - Carried. Moved by Councillor M. Wagner Seconded by Councillor M. Yantzi That the report of the Local Architectural Conservation Advisory Committee (November 19, 1993) of this date be adopted. Councillor M. Wagner advised that he wished to introduce a re-wording with respect to clause 4 of the report. On motion by Councillor M. Wagner, seconded by Councillor M. Yantzi, it was agreed to amend clause 4 of the report to reflect the new wording provided by Councillor Wagner. The report was then put to a vote. Voted on clause by clause. Clause 4 - Carried (as amended). COUNCIL MINUTES - 668 - DECEMBER 13, 1993 Balance of report - Carried. Moved by Councillor M. Wagner Seconded Councillor M. Yantzi That the report of the Local Architectural Conservation Advisory Committee (December 10, 1993) of this date be adopted. Carried. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz That the report of the Public Works and Transportation Committee of this date be adopted. Councillor J. Ziegler referred to clause 5 of the report concerning the Accessibility Implementation Plan and requested additional information. On motion by Councillor J. Ziegler, seconded by Councillor T. Galloway, staff were requested to prepare information outlining comparative cost between 12 year old City transit buses and necessary repairs and the cost of acquiring new buses and how the figures relate to the 18 year Provincial standard. Councillor G. Lorentz noted that the matter of blinking street lights had been raised at an earlier meeting and an advertisement to citizens had recently been placed in the local newspaper. Persons observing blinking street light on streets were asked to telephone the Kitchener-Wilmot Hydro Commission and on public walkways were asked to call the City. The report was then put to a vote. Voted on clause by clause. Clause 3 - Dealt with under Delegations and Carried (as amended). Clause 10 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor C. Weylie Seconded by Councillor G. Leadston That Councillor J. Ziegler be appointed to the Environmental Committee for a term to expire November 30, 1994. Carried. On behalf of the Kitchener-Waterloo Area Visitor & Convention Bureau, Councillor M. Wagner presented a plaque to the City which was accepted by Mayor D.V. Cardillo that commemorates the official opening of Kitchener City Hall on September 18, 1993. Councillor G. Leadston advised that in the former City Hall, there was a Canada Post postal drop box and questioned if one was to be included in the new City Hall. Mr. T. McKay advised that he would report on this matter. Councillor J. Ziegler advised that he would like to get the issue of hazardous waste transfer stations on to the Planning and Economic Development Committee future agenda. He suggested that staff consider eliminating a number of possible sites from zoning and instead propose a site in each quadrant of the City. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie COUNCIL MINUTES - 669 - DECEMBER 13, 1993 That the Commissioner of Planning and Development be requested to prepare a report reviewing the potential location of hazardous waste transfer stations under existing zoning and consider the possibility of designating only one site in each quadrant of the City and that the matter then be referred to the Planning and Economic Development Committee for consideration. Carried. Councillor T. Galloway noted that sometime ago City Council had authorized clean up of the property known as 1188 Ottawa Street South which was subsequently acquired and redeveloped by Dr. Stephen Code who has opened an office in the Heritage House after first renovating and adding onto it. He stated that this was a good example of a private individual who has dealt with a property that previously was a problem and complimented Dr. Code for his initiative as well as City staff who assisted him in undertaking his project. Councillor T. Galloway noted that City Council recently dealt with floodplain policy and during discussions he had expressed concern that residents in Upper Doon in the Schneider Creek area had not had an opportunity for input into the policy. He pointed out that it was said that a meeting would be convened in this regard. Councillor Galloway advised that he, along with Mr. L. Masseo had recently held a meeting with residents to inform them of this matter and it would appear from the results of the meeting that the residents have many concerns. He questioned how the City would deal with these concerns and incorporate discussions of the residents with respect to the Floodplain Policy and Zoning By-law. Accordingly, he requested the affected residents have the opportunity for input into the Policy and Mr. S. Klapman was directed to take this matter under advisement. At the request of Mr. R.W. Pritchard, City Clerk, Council agreed to the addition of three by-laws for three readings, the first dealing with amendment to Chapter 501 of the Municipal Code with respect to licence fees, the second dealing with an amendment to Chapter 542 of the Municipal Code with respect to exhibitions, circus, midway or carnival and the third dealing with amendment to Chapter 594 of the Municipal Code with respect to theatre, music hall, moving picture show or any other place of amusement. It was also agreed to add a further by-law for first reading dealing with amendment to Chapter 375 of the Municipal Code with respect to tariff of fees for the Committee of Adjustment and if the recommendation relative to this matter as listed on the Committee of the Whole was approved, then the by-law should also receive second and third readings this date. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend the City of Kitchener Municipal Code - Chapter 320 imposing a special charge on classes of buildings that impose or may impose a heavy load on the sewer or water system (b) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code regarding Appointments of Staff (c) Being a by-law to provide for the establishing and laying out of part of Country Hills Drive as a public highway in the City of Kitchener (d) Being a by-law to provide for the establishing and laying out of part of Bridgeport Road between Lancaster Street West and Riverbend Drive as a public highway in the City of Kitchener (e) To confirm all actions and proceedings of the Council (f) Being a by-law to exempt a certain lot from Part Lot Control - Part Block 32, Registered Plan 1721 - Old Huron Court (g) Being a by-law to amend Chapter 210 of the City of Kitchener Municipal Code with respect to Cemeteries - Municipal (h) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees Planning Matters COUNCIL MINUTES - 670 - DECEP/BER 13, 1993 (i) d) (k) Being a by-law to amend Chapter 501 of The City of Kitchener Municipal Code with respect to Licence Fees Being a by-law to amend Chapter 375 of The City of Kitchener Municipal Code with respect to Tariff of Fees Committee of Adjustment Being a by-law to amend Chapter 542 of The City of Kitchener Municipal Code with respect to Exhibitions, Circus, Midway or Carnival Being a by-law to amend Chapter 594 of The City of Kitchener Municipal Code with respect to Theatre, Music Hall, Moving Picture Show or any other Place of Amusement and that the same be taken as read a first time and stand referred to the Committee of the Whole. Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor D.V. Cardillo appointed Councillor B. Stortz as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. Moved by Councillor B. Stortz Seconded by Councillor G. Lorentz That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed. Carried. 10. (f) (e) (d) To confirm all actions and proceedings of the Council (By-law No. 93-221) Being a by-law to exempt a certain lot from Part Lot Control - Part Block 32, Registered Plan 1721 - Old Huron Court (By-law No. 93-222) Being a by-law to amend Chapter 210 of the City of Kitchener Municipal Code with respect to Cemeteries - Municipal (By-law No. 93-223) Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code regarding Appointments of Staff (By-law No. 93-218) (b) Being a by-law to provide for the establishing and laying out of part of Country Hills Drive as a public highway in the City of Kitchener (By-law No. 93-219) (c) Being a by-law to provide for the establishing and laying out of part of Bridgeport Road between Lancaster Street West and Riverbend Drive as a public highway in the City of Kitchener (By-law No. 93-220) COUNCIL MINUTES - 671 - DECEMBER 13, 1993 (g) (h) (i) (J) (k) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees Planning Matters (By-law No. 93-224) Being a by-law to amend Chapter 501 of The City of Kitchener Municipal Code with respect to Licence Fees (By-law No. 93-225) Being a by-law to amend Chapter 375 of The City of Kitchener Municipal Code with respect to Tariff of Fees Committee of Adjustment (By-law No. 93-226) Being a by-law to amend Chapter 542 of The City of Kitchener Municipal Code with respect to Exhibitions, Circus, Midway or Carnival (By-law No. 93-227) Being a by-law to amend Chapter 594 of The City of Kitchener Municipal Code with respect to Theatre, Music Hall, Moving Picture Show or any other Place of Amusement (By-law No. 93-228) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned. Mayor Clerk COUNCIL MINUTES - 672 - DECEMBER 13, 1993 REPORTS ADOPTED BY COUNCIL - DECEMBER 13, 1993 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (NOVEMBER 29, 1993) 1. That City Council approve Official Plan Amendment Application 93~9, being an amendment to the Kitchener Official Plan to adopt holding provisions for environmental remediation and clean-up, as listed herein and the By-law implementing same be approved, namely: SECTION 4 - THE AMENDMENT The Official Plan for the City of Kitchener is hereby Amended as follows: 1. By adding the following policies to Section IV of the Plan as a new Section IV.20, "Holding Provisions - Environmental Remediation and Clean-up": "20. HOLDING PROVISIONS - ENVIRONMENTAL REMEDIATION AND CLEAN-UP Introduction The policies of this Section enable the City of Kitchener to zone lands for future urban uses where there is a potential risk to human or environmental health by reason of the presence of contaminants. In certain instances, based on land use planning considerations, former industrial sites, lands fill sites or other potentially hazardous sites may be designated and zoned for urban purposes pending the fulfilment of specific conditions for environmental remediation and clean-up. Policies i) Holding provisions may be applied by the Municipality on lands which may have been or may become contaminated and pose a risk to human and environmental health. The contamination of such lands may be due to the existence, either past or present, of such uses or facilities as; transportation or utility corridors; landfill, incinerator or other waste disposal sites; lands affected by the presence of landfill generated gases, particularly the production and migration of methane gas; sites affected by the presence of coal tar deposits; sewage treatment plants; or industrial uses. ii) Use of the holding provision in conjunction with passage of a zoning by-law amendment may be appropriate following the submission and acceptance by the Ministry of Environment and Energy of a site environmental audit which shall be prepared for all lands which may be contaminated and pose a risk to human and environmental health. An environmental audit shall consist of documentation of past and present uses of the lands as well as a professional analysis of all soils, ground waters and surface waters. Where the environmental audit identifies the presence of contaminants above acceptable concentrations established by the province, the proponent shall be required to undertake a site clean-up process and a remedial action program in accordance with the Ministry of Environment and Energy's "Guidelines for the Decommissioning and Clean-up of Sites in Ontario". The holding symbol may be removed upon notification from the Ministry of Environment and Energy that a verification sampling program has been completed, and that the site has been made suitable for the proposed new use." It is the opinion of this Committee that the approval of this Amendment is proper planning for the City. PLANNING AND ECONOMIC DECEMBER 13, 1993 COUNCIL MINUTES - 673 - DECEMBER 13, 1993 DEVELOPMENT COMMITTEE PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (DECEMBER 6, 1993) That Councillor C.M. Weylie be appointed Chairman of the Planning & Economic Development Committee of Council for a term to expire November 30, 1994. That Councillor J. Ziegler be appointed Vice-Chairman of the Planning & Economic Development Committee of Council for a term to expire November 30, 1994. That the Legal Department and the General Services and City Clerk's Department be instructed to proceed with the preparation of a by-law, ordering of a reference plan, and the necessary advertising in the local newspaper for the closing of a public highway abutting Lots 12 to 31 inclusive of Registered Plan 263. The following conditions are to be satisfied, to the satisfaction of the City Solicitor, prior to conveyance of the closed road to J. M. Schneider Inc.: That CN Rail, as the only other owner of abutting lands, confirm in writing that it has no interest in acquiring any portion of the road to be closed. That J.M. Schneider Inc. pay all survey and registration costs associated with the closure of the road and that the survey be completed and registered prior to the completion of the lane closure. That J.M. Schneider Inc. pay for the costs of relocating the existing hydrant, plugging the existing watermain and, if necessary, the removal of any affected portion of the existing gas main. That J.M. Schneider Inc. make satisfactory arrangements with Kitchener Wilmot Hydro for the disposition of utility poles on that portion of the road to be closed. That J.M. Schneider Inc. shall be responsible, financial and otherwise, for the design and construction of a vehicle turn-around, to the satisfaction of the Department of Public Works. That J.M. Schneider Inc. pay fair market value for the part of Palmer Avenue to be closed to the City of Kitchener and take title in the same name as abutting lands. That Council Policy Resolution Number 1-81 respecting Environmental Committee Terms of Reference be revised as to Membership and Organization by deleting "Five members from the public who shall be appointed by Council" and replacing it with "The number of members of the public shall be as determined by resolution of Council". That City Council approve Official Plan Amendment 93/12 to revise Section IV. 18. vi, and Schedules "A" and "B" - Road Widening Policies of the Kitchener Official Plan to delete roads and intersections that are no longer being considered for widening, as outlined: SECTION 4 - THE AMENDMENT The Official Plan of the City of Kitchener is hereby Amended as follows: 1) Section IV. 18 - Highway Widening Policies is hereby amended by deleting existing Policy vi) and replacing it with the following: vi) Additional road widenings for turning lanes, radii refinement and other intersection improvements may be required at intersections or from major traffic generators. Turning lanes shall be no greater than 120 metres long, 5 metres wide for left turn lanes or 60 metres long and 3 metres wide for right turn lanes. 2) Existing "Schedule A - Highways to be Widened" is repealed and replaced with the following "Schedule A - Highways to be Widened". PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 COUNCIL MINUTES - 674 - DECEMBER 13, 1993 5. (Cont'd) Schedule A - Highways to be Widened ROAD NAME: Ann Street Balzer Road SECTION: Frederick Street to end 20m C. N.R. to end Belmont Avenue 30m Benton Street 18m 18m Biehn Drive Bingeman Street 18m Bond Street 18m Bramm Street 20m Brick Street Cameo Drive 16m Cameron Street Carwood Avenue 20m Church Street 20m College Street Connor Street 37m to 125m south of Glasgow St. Schneider Creek to Martin Street Martin Street to Courtland Avenue Huron Road to Carlyle Drive 20m Lancaster Street to Samuel Street Union Street to Elizabeth Street Victoria Street South to C. N. R. Ottawa St. N. to Rosedale Avenue Highway No. 8 to Hoffstetter Ave. Weber Street to Troy Street 20m Approximately 46m east of Courtland Avenue to Cayley Ct. Queen Street to Cedar Street King Street to Weber Street 20m Manitou Drive to end Cress Lane Manitou Drive to end David Street 18m Dayman Court Dodge Drive 20m Doon Valley Dr. Courtland Avenue to Joseph Street Westwood Drive to completion of cul-de sac New Dundee Road to New Dundee Road Pinnacle Drive to Durham Street ULTIMATE WIDTH: 20m 18m 20m 20m 20m COUNCIL MINUTES - 675 - DECEMBER 13, 1993 20m Eb¥ Street 20m Ebydale Drive 20m Ellen Street 18m Fairview Avenue Forwell Road Gage Avenue Gallarno Court General Drive 20m Glasgow Street 20m 20m Goudies Lane 7.62m Graber Place Greensview Drive PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE (Cont'd) Groh Street 20m Grove Drive 18m Guelph Street 20m Gzowski Lane Hall's Lane East Hall's Lane West 7.62m Heiman Street Heit Lane 7.62m Charles Street to King Street Lackner Road to Forwell Road Queen Street to Lancaster Street King Street to Weber Street 18m Centennial Road to completion of cul-de-sac Belmont Avenue to Waverly Road Westwood Drive to completion of cul-de-sac Lancaster Street to Lang Crescent Highland Road to Fischer-Hallman Road Silvercrest Dr. 118.9m east of Westmount Rd. Belmont Avenue to Walter Street Frederick Street to Ontario Street North Dreger Avenue to end 18m Limerick Drive to end 16m Dodge Drive to Stauffer Drive Koch Avenue to Fischer-Hallman Road Moore Avenue to Riverbend Drive Ahrens St. W. to rear of 186 Victoria St. N. Water St. N. to No. 11 & 31 Young Street Victoria Street South to Eby Street South Highland Road to south limit Duke Street West to Victoria Street North 20m 20m 26m DECEMBER 13, 1993 7.62m 7.62m 18m COUNCIL MINUTES DECEMBER 13, 1993 Henry Street 18m Heritage Drive 20m Hidden Valley Rd. Hill Street 18m Hofstetter Ave. 20m Horning Drive 18m Howe Drive Huron Road 26m Huron (Old) Road Inadale Court Irvin Street 20m Jackson Avenue Joseph Street 20m Kingsbury Drive 20m Kingsway Drive 26m 26m Krug Street 20m Lancaster Street 20m Lang Crescent 18m Limerick Drive 16m Lookout Lane - 676 - Victoria Street South to Devon Street Indian Road to Ebydale Drive Proposed River Road at Goodrich Drive to Highway No. 8 Lancaster Street to St. Vincent Street King Street East to Hwy. No.8 Bloomingdale Road to end Ottawa Street to end Westmount Road to Strasburg Road Homer Watson Boulevard to Mill Park Drive Battler Road west to end 16m Battler Road to Biehn Drive 20m Westwood Drive to end 20m Lancaster Street to Frederick Street King Street to Weber Street 18m Queen Street to Gaukel Street Victoria Street to C. N. R. 20m Hwy. No. 8 to King Street East Wilson Avenue to Greenfield Avenue Cedarwoods Crescent to Hwy. No.8 Lancaster Street to Weber Street Weber Street to Victoria Street Horizon Ct. to Lancaster Street King Street East to Greensview Drive Pioneer Tower Road to end 20m 18m 20m COUNCIL MINUTES - 677 - DECEMBER 13, 1993 16m Macville Avenue 16m Madison Avenue 20m Mansion Street Margaret Avenue 20m 20m Woolwich Street to end Mill Street to Charles Street Charles Street to Weber Street Lancaster Street to Ellen Street Queen Street to Victoria Street Wilhelm Street to Blucher Street PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE 5. (Cont'd) Market Street Mill Street 20m Mill Park Drive 20m Mittierra Drive 13.7m Morrison Road 20m Mt. Hope Street North Hill Place 16m Old Chicopee Dr. 20m Old Huron Place Old Mill Road 20m Ontario Street 20m Oregon Drive Pandora Avenue 18m Horning Drive to end 18m Queen Street to Bedford Road Old Mill Road to approximately 276m east of Old Mill Road Wilfong Drive to end King Street East to Manor Drive Park Street to King Street 18m Fairway Road to end Kenora Drive to Old Chicopee Drive Diversion Old Chicopee Drive Diversion to Fairway Road Fairway Road to Morrison Road Biehn Drive to end Durham Street to Doon Valley Drive Joseph Street to Weber Street Doon Village Road to end 16m King Street to Charles Street DECEMBER 13, 1993 20m 16m 16m COUNCIL MINUTES - 678 - DECEMBER 13, 1993 Pinnacle Drive 20m 20m Pioneer Tower Rd. Plains Road 20m Prince Street 16m Queen St. N. 18m Queen St. S. 20m Reichert Drive 16m Reidel Drive 26m Riverbend Drive 20m Scott Street Sheldon Avenue 20m Shirk Place 16m Spetz Avenue 20m St. George Street 18m Stauffer Drive Stirling Avenue 20m Strange Street Strasburg Road 20m Tagge Street New Dundee Road to New Dundee Road Doon Valley Drive to Amherst Drive Marquette Drive to end 20m Trussler Road to Huron Road Bloomingdale Road to Tyson Drive King Street to Ahrens Street 20m Ellen Street to Lancaster Street St. George Street to King Street Kitchener City Limits to New Dundee Road New Dundee Road to Stauffer Drive Guelph Street to Shirley Avenue King Street to Irvin Street 20m King Street to Rosedale Avenue Lancaster Street to Woolwich Street Scott Street to Frederick Street Queen Street to Benton Street Reidel Drive to Tilt Drive 26m Avalon Place to Mill Street King Street to Weber Street 20m C. N.R. to Victoria Street 20m Glasgow Street to C. N. R. 20m Chandler Drive to Ottawa Street Bridge Street to approximately 110m east of Daniel Street COUNCIL MINUTES - 679 - DECEMBER 13, 1993 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE 20m DECEMBER 13, 1993 (Cont'd) Theresa Street Towerview Avenue 18m Trussler Road 20m Tyson Drive Union Boulevard Vanier Drive Waverly Road 18m Wellington St. 20m Wentworth Avenue 18m Westhill Drive 20m Wilson Avenue 26m Woolner Drive 20m Woolwich Street 20m Young Street Zeller Drive 2) Victoria Street South to Park Street 18m Ontario Hydro R.O.W. to end New Dundee Road to Bleams Road Bridge Street to end 18m Park Street to K-W Border 20m Walton Avenue to end 20m Gage Avenue to Strange Street Major Street to Lancaster Street Highland Court Park to Spadina Road K-W Border to Glasgow Street Grand River Railway to Kingsway Drive Zeller Drive to Lackner Boulevard Shirk Place to Bridge Street 20m Old Woolwich Street to Kiwanis Park Drive King Street to Weber Street 20m The Grand River to approximately 2,652m along Zeller Drive 20m Existing "Schedule B - Intersections that may exceed the designated road allowance" is repealed and replaced with the following "Schedule B - Intersections that may exceed the designated road allowance." Schedule B - Intersections that may exceed the designated road allowance Agnes Street and King Street Ahrens Street and Victoria Street Belmont Avenue and Glasgow Street COUNCIL MINUTES - 680 - DECEMBER 13, 1993 Belmont Avenue and Victoria Street Belmont Avenue and Gage Avenue Belmont Avenue and Highland Road Belmont Avenue and Queen's Boulevard Breithaupt Street and King Street Charles Street and Stirling Avenue Courtland Avenue and Mill Street Fairway Road and Manitou Drive Gage Avenue and Belmont Avenue Glasgow Street and Belmont Avenue Glasgow Street/Strange Street and Park Street Glasgow Street and Westmount Road Goodrich Drive (River Road extension) and Wilson Avenue Green Street and Park Street Guelph Street and Lancaster Street Guelph Street and Weber Street Guelph Street and Margaret Avenue Highland Road and Hoffman Street Highland Road and Highland Road and Highland Road and Belmont Avenue Queen's Boulevard Stirling Avenue Hoffman Street and Highland Road Joseph Street and Queen Street South Joseph Street and Victoria Street King Street and Stirling Avenue King Street and Agnes Street King Street and Breithaupt Street King Street and Morrison Road Krug Street and Weber Street Krug Street and River Road PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 5. (Cont'd) Lancaster Street and Guelph Street Lancaster Street and Queen Street North Lancaster Street and Wellington Street North Manitou Drive and Fairway Road Margaret Avenue and Guelph Street Margaret Avenue and Queen Street Margaret Avenue and Victoria Street Mill Street and Stirling Avenue Mill Street and Courtland Avenue Mill Street and Ottawa Street Mill Street and Queen Street South Morrison Road and King Street Ottawa Street and Mill Street Park Street and Green Street Park Street and Glasgow Street/Strange Street Queen Street South and Mill Street Queen Street North and Weber Street Queen Street North and Lancaster Street Queen Street North and Margaret Avenue Queen Street South and Joseph Street Queen's Boulevard and Belmont Avenue Queen's Boulevard and Highland Road Queen's Boulevard and Westmount Road River Road and Krug Street Stirling Avenue and King Street Stirling Avenue and Charles Street Stirling Avenue and Mill Street Stirling Avenue and Highland Road Victoria Street and Belmont Avenue COUNCIL MINUTES - 681 - DECEMBER 13, 1993 Victoria Street and Joseph Street Victoria Street and Margaret Avenue Victoria Street and Ahrens Street Wabanaki Drive and Wilson Avenue Weber Street and Wellington Street Weber Street and Queen Street North Weber Street and Guelph Street Weber Street and Krug Street Wellington Street and Weber Street Wellington Street North and Lancaster Street Westmount Road and Queen's Boulevard Westmount Road and Glasgow Street Wilson Avenue and Goodrich Drive (River Road extension) Wilson Avenue and Wabanaki Drive SECTION 5 - IMPLEMENTATION AND INTERPRETATION The provisions of the Official Plan of the City of Kitchener regarding the implementation and interpretation of that Plan shall apply to this Amendment. It is the opinion of this Committee that the approval of this Amendment is proper planning for the City. That City Council approve Official Plan Amendment 88~7 (Mill CourtlandANoodside Park Neighbourhood Secondary Plan) as outlined: SECTION 4 - THE AMENDMENT The Official Plan for the City of Kitchener is amended as follows: 4.1 Section IV. 11, "Comprehensive Planning Principles and Policies - Policies for Specific Areas" is amended by deleting Policy xxxvi). The following policies are added to the Official Plan as a Secondary Plan for the Mill Courtland-Woodside Park Neighbourhood: GENERAL POLICIES PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 (Cont'd) 4.1.1 4.1.2 4.1.3 4.1.4 Approval under Section 41 of the Planninq Act, (1990) shall be required for any development which includes redevelopment or conversions considered development under the Act. It is intended that development should be of a siting and design which will be compatible with the existing development and particularly the single detached dwellings of the residential areas of the neighbourhood. The policies of this Plan will be implemented through application of the comprehensive Zoning By-law. Maintenance of existing structures will be encouraged through the Property Standards By-law. Sections I through IV and Section VI of the Official Plan of the City of Kitchener shall continue to apply to the Mill Courtland-Woodside Park Neighbourhood except where specifically cited within the text of this Amendment. Schedule "A" entitled "Plan for Land Use" and Schedule"B" entitled "Flood Plain and Environmental Areas" both attached shall form part of the Mill Courtland-Woodside Park Secondary Plan. 4.1.5 Settlement Policy Area "B" of the Regional Official Policies Plan as it applies to the Mill COUNCIL MINUTES - 682 - DECEMBER 13, 1993 Courtland-Woodside Park Neighbourhood constitutes the area bounded by Queen Street, Courtland Avenue and the extent of the "Medium Density Commercial Residential" and "High Density Commercial Residential" designations within the Neighbourhood, as shown on Schedule "A". 4.1.6 It is recognized that, in some instances, the land use designations shown on Schedule "A" are not coincident with rear property lines. The severance of rear or flanking property assemblies for integrated redevelopment schemes will be permitted provided that the remnant or remaining parcel continues to be in conformity with the policies of the Plan and the implementing Zoning By-law. 4.1.7 It is recognized that, in certain locations, legally closed City owned laneways form the boundary between land use designations. In instances where such laneways are sold by the City, the laneway may take on the land use designation of the property with which the laneway is being consolidated without amendment to this Plan. 4.2 4.2.1 4.2.2 TRANSPORTATION POLICIES Map 1, "Plan for Land Use", Map 2, "Floodplain and Environmental Areas", Map 3, "Primary Aggregate Resource Areas", and Map 4, "Community Improvement Areas" are amended to show the classification of roads within the Mill Courtland-Woodside Park neighbourhood as designated on the attached Schedule "A". That, where appropriate, the City make efforts to obtain surplus railway land as it becomes available as a means of securing additional sections of the off-street community trail. 4.3 4.3.1 FLOOD PLAIN POLICIES The flood plain of the portions of Schneider Creek and the Shoemaker Greenway within the Mill Courtland-Woodside Park neighbourhood is designated as a Two-Zone Flood Plain Policy Areas by the City of Kitchener and the Grand River Conservation Authority. For detailed flood plain planning policies, reference shall be had to Section IV. 12 of the Official Plan, "Flood Plain Policies". PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 (Cont'd) 4.3.2 Underground parking facilities will be permitted within the flood fringe in the Medium Density Commercial Residential designation provided that such under ground parking facility is floodproofed to the Regulatory Flood elevation and safe access is maintained during times of severe flooding. 4.4 4.4.1 LAND USE DESIGNATIONS Low Density Conservation The intent of the "Low Density Conservation" designation is to retain the existing Iow rise, Iow density, primarily detached housing stock while simultaneously allowing a slight density increase by permitting conversion or redevelopment to a maximum of three dwelling units. Permitted uses are restricted to single-detached dwellings, semi-detached dwellings, duplex dwellings, multiple dwellings to a maximum of three dwelling units, lodging houses, small residential care facilities, home businesses and private home day care. COUNCIL MINUTES - 683 - DECEMBER 13, 1993 4.4.2 Low Density Multiple Residential The intent of the "Low Density Multiple Residential" designation is to recognize existing multiple dwellings and permit the development and integration of higher density multiple residential uses while maintaining the overall Iow rise characteristics of the neighbourhood. Permitted uses are restricted to single detached dwellings, duplex dwellings, semi- detached dwellings, multiple dwellings, lodging houses, small and large residential care facilities, home businesses and private home day care. Opportunities for development are provided to a maximum density of 100 units per hectare. The maximum floor space ration shall be 1.0, meaning the above grade gross building floor area shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted to exceed 100 units per hectare on an individual lot provided the floor space ratio is not exceeded. 4.4.3 Medium Density Multiple Residential The intent of the "Medium Density Multiple Residential" designation is to recognize existing multiple dwellings built at densities up to 200 units per hectare. Permitted uses are restricted to existing single detached dwellings and semi-detached dwellings, duplex dwellings, multiple dwellings, lodging houses, small and large residential care facilities, home businesses, day care facilities and private home day care. Day care facilities are permitted provided they are located on the same lot as a large multiple dwelling. Opportunities for development are provided to a maximum density of 200 units per hectare. The maximum floor space ratio shall be 2.0, meaning the above grade gross building floor area shall not exceed 2.0 times the lot area. Multiple dwellings may be permitted to exceed 200 units per hectare on an individual lot provided the floor space ratio is not exceeded. 4.4.4 General Industrial General Industrial is a category applied to a broad range of industrial uses, some of which by virtue of their operation or site utilization, require appropriate buffering to mitigate potential impacts on residential areas. The General Industrial designation is applicable to inner-city and other established industrial areas, non-planned industrial parks, industrial areas along Arterial Roads, and certain undeveloped areas appropriately buffered from residential areas. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 6. (Cont'd) It is the primary objective of the City of Kitchener to recognize and provide for the continued operation of the existing industrial operations located within the General Industrial designation. To recognize their historical development in their present locations, their importance in terms of employment opportunities, and their importance to the local economy, industries which may not normally be encouraged to locate in an inner-city setting shall be permitted to continue operations and, if necessary, expand beyond their current land holdings. Specifically, it is the objective of the City of Kitchener, through application of this land use designation, to recognize the existence of and provide for the continuation of several large companies which may be characterized as heavy industrial and are located in a longstanding industrial neighbourhood in the vicinity of Courtland Avenue. Such industries include but are not limited to Schneider Corporation and Subsidiaries, MTD Products Limited, Canadian Blower/Canada Pumps Limited and Zettel Manufacturing Limited. Subject to the above, new heavy industrial uses not traditionally associated with an existing industrial operation shall not be permitted within the General Industrial designation. Unless they are essential components of an existing industrial operation, the following new uses shall be prohibited: COUNCIL MINUTES - 684 - DECEMBER 13, 1993 beverage distillation; vulcanizing of rubber or rubber products; primary production of chemicals, synthetic rubber, plastic, asphalt, or cement; processing or refining of petroleum or coal; processing, milling or packaging of animal feed; salvage, recycling or scrap yards; slaughtering, eviscerating, rendering or cleaning of meat, poultry, fish or by- products thereof; smelting, refining, rolling, forging or extruding of ore or metal; stamping or punch-pressing of metal; tanning or chemical processing of pelts or leather; and retail accessory to warehouse or wholesaling. In addition to manufacturing, the General Industrial designation provides for automobile service stations; industrial businesses; repair services; those uses related to the service, storage or repair of motor vehicles or major recreational equipment; technical/scientific businesses; transportation depots; truck transport terminals; veterinary services; and, warehouses. Industrial businesses are characterized by those industrial operations with a commercial component which require large areas for the storage of goods such as building material and decorating supply sales, industrial office supply, or industrial service. With the exception of accessory offices and offices of firms involved in surveying, engineering, planning or design, office use is restricted to a small percentage of the total floor area of a building used primarily for industrial purposes. Unless specifically prohibited in this Plan, complementary uses which do not interfere with nor are detrimental to the development of industrial operations are permitted in all General Industrial areas. The permitted uses include commercial recreation facilities; day care facilities; financial establishments; health offices and health clinics; parks and open space; private clubs or lodges; union halls; and, public and non-residential institutional uses. However, in order to limit the encroachment of commercial uses throughout general Industrial areas, the sale and rental of motor vehicles shall be prohibited unless accessory to a service station. In addition, retail accessory to small warehouse or wholesaling operations is prohibited. Certain industrial pockets may act as a buffer or transition area between more intensive industrial uses and residential uses, or function as mixed industrial-residential areas which could provide Iocational opportunities for small "incubator" industries. Existing areas that have evolved into a mixture of residential and industrial uses may be so recognized in the PLANNING AND ECONOMIC DECEMBER 13, 1993 DEVELOPMENT COMMITTEE 6. (Cont'd) 4.4.5 4.4.6 Zoning By-law. In addition to the uses prohibited from this designation, certain other industrial, commercial and complimentary uses which would normally be permitted within this designation will not be permitted based on the issue of compatibility with residential uses. Such uses will include: commercial recreation, transportation depots, truck transport terminals, financial establishments, medical clinics and veterinary services. Convenience Commercial The intent of the "Convenience Commercial" designation is to provide locations for small retail outlets serving the day-to-day, non-comparison shopping and service needs of the neighbourhood. Permitted uses are restricted to small convenience retail, financial establishment, personal services, gas bar, health office, restaurant and dwelling unit. Health offices and restaurants shall only be permitted in plazas in combination with other permitted commercial uses. Nei.qhbourhood Commercial The intent of the "Neighbourhood Commercial" designation is to provide locations for a variety of commercial uses which serve the needs of the consumer at the neighbourhood level. It is further intended that these facilities will provide a complementary role to larger commercial establishments located in the City of Kitchener. Neighbourhood Commercial shall be defined as a group of commercial establishments planned and developed as a unit, with a minimum gross leasable retail commercial COUNCIL MINUTES - 685 - DECEMBER 13, 1993 space of not less than 1,000 square metres, and a maximum of not more than 13,500 square metres with the maximum gross leasable retail commercial floor space of any singular commercial outlet or establishment not exceeding 4,550 square metres Gross Leasable Retail Commercial Space being defined as for Regional Shopping Centres. Permitted uses in a Neighbourhood Commercial category include retail, offices, health offices and health clinics, financial establishment, studios, restaurants, automobile service stations, repair services, veterinary services, day care facilities, car washes and those services catering to personal and household needs. 4.4.7 Low Density Commercial Residential The intent of the "Low Density Commercial Residential" designation is to recognize existing areas of small scale commercial and residential development as well as to allow for the Iow rise, Iow density redevelopment of such areas with commercial, institutional and residential uses. This designation is also intended to create transitional or buffer areas between some industrial and surrounding residential areas. As such, the maximum residential density shall be limited to 100 units per hectare with a Floor Space Ratio of 1.0, meaning the above grade building floor area shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted to exceed 100 units per hectare on an individual lot provided the floor space ratio is not exceeded. Permitted residential uses in this designation include single detached dwellings, semi- detached dwellings, duplex dwellings, multiple dwellings; lodging houses, home businesses, private home day care and small and large residential care facilities. Permitted commercial uses are restricted to offices, office support services, health offices, health clinics, club facilities, funeral homes, financial establishments, educational establishments, religious institutions, medical laboratories, studios, day care facilities, tourist homes and a limited amount of personal services and small convenience retail. Commercial and residential uses may be within separate buildings or may mix PLANNING AND ECONOMIC DECEMBER 13, 1993 DEVELOPMENT COMMITTEE 6. (Cont'd) 4.4.8 4.4.9 within the same building. Personal services and small convenience retail must be internal to a large residential, commercial, or mixed use building. Medium Density Commercial Residential The intent of the "Medium Density Commercial Residential" designation is to provide for a range of residential and non-retail commercial uses fronting onto Arterial or Collector roads. The maximum residential density shall be 200 units per hectare with a maximum floor space ratio of 2.0, meaning that the above grade building floor area shall not exceed 2.0 times the lot area. Multiple dwellings may be permitted to exceed 200 units per hectare on an individual lot provided the floor space ratio is not exceeded. Permitted residential uses in this designation include single detached dwellings, semi- detached dwellings, duplex dwellings, multiple dwellings; lodging houses, home businesses, private home day care and small and large residential care facilities. Permitted commercial uses are restricted to offices, office support services, health offices, health clinics, club facilities, funeral homes, financial establishments, educational establishments, religious institutions, medical laboratories, studios, day care facilities, tourist homes and a limited amount of personal services and small convenience retail. Commercial and residential uses may be within separate buildings or may mix within the same building. Personal services and small convenience retail must be internal to a large residential, commercial, or mixed use building. Hi.qh Density Commercial Residential The intent of the "High Density Commercial Residential" designation is to allow for high density redevelopment to office, multiple residential, institutional and limited commercial uses on Arterial and Collector Roads which lead to and from the Downtown. Residential densities are permitted to exceed 200 units per hectare with a maximum Floor Space COUNCIL MINUTES - 686 - DECEMBER 13, 1993 Ratio of 4.0, meaning the above grade building floor area shall not exceed 4.0 times the lot area. Permitted residential land uses include multiple dwellings which may exceed 200 units per hectare, private home day care, home businesses, small and large residential care facilities, and lodging houses. Permitted commercial land uses include day care facilities, offices, office support services, health offices, health clinics, club facilities, religious institutions, medical laboratories, funeral homes, financial establishments, educational establishments, tourist homes, studios, a limited amount of personal services, and small convenience retail. Commercial and residential uses may be within separate buildings or may mix within the same building. Personal services and small convenience retail uses must be internal to a large residential, office, or mixed commercial-residential development. 4.4.10 Nei.qhbourhood Institutional The "Neighbourhood Institutional" designation neighbourhood-oriented institutions and makes opportunities. recognizes the existence of small, provision for limited redevelopment Permitted uses are restricted to single detached dwellings, semi-detached dwellings, duplex dwellings, home businesses, private home day care, educational establishments, religious institutions and small residential care facilities. Day care facilities are also a permitted use provided they are located within an educational establishment or a religious institution. 4.4.11 Community Institutional PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 6. (Cont'd) The "Community Institutional" land use category makes provision for, and recognizes the existence of, community institutional uses such as elementary schools, religious institutions, and community services. It also makes provision for a range of quasi- institutional and residential uses which are complementary to the community institutional uses and/or represent viable redevelopment options for affected sites in terms of the use of existing facilities and effects on the surrounding community. Lands designated Community Institutional shall be located along Primary or Secondary Arterial or Collector Roads as identified on Schedule "A" of this Plan. Permitted uses are restricted to single detached dwellings, semi-detached dwellings, duplex dwellings, multiple dwellings, educational establishments, religious institutions, small and large residential care facilities, health offices, health clinics, veterinary services, social service establishments, artisans establishments, day care facilities, private home day care and home businesses. Convenience retail, financial establishment and personal service uses shall be permitted provided that they are located within a building used for a health clinic, multiple dwelling or large residential care facility. The residential component of any redevelopment shall not exceed 100 units per hectare. The maximum floor space ratio of 1.0 shall apply, meaning the above grade gross floor area shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted to exceed 100 units per hectare on an individual lot provided the floor space ratio is not exceeded. The application of the Community Institutional category to existing elementary school sites in no way guarantees that such sites will continue to be used for such purposes. Rather, the category identifies uses which, at the time of the approval of the Secondary Plan, are felt to be appropriate for such sites. The decision to retain, expand or close existing elementary school sites is the responsibility of the local school boards and not COUNCIL MINUTES - 687 - DECEMBER 13, 1993 the City of Kitchener. 4.4.12 Nei.qhbourhood Park The intent of the "Neighbourhood Park" designation is to preserve parkland and open space for active and passive recreational use by neighbourhood residents and workers. Permitted uses are restricted to playgrounds; community centres; passive open space; and facilities to support unorganized and spontaneous recreational activities. 4.4.13 Open Space The "Open Space" designation in this Plan is intended to reserve lands for district or city scale recreational facilities as well as to identify areas unsuitable for development due to steep slopes, possibility of flooding or poor soils and are considered to be hazard lands. Certain lands, although physically suited for urban development may also be designated Open Space in the public interest. In addition to hazard lands described above, the Open Space designation shall apply to those lands located within the floodway portion of the flood plain as shown on Schedule "B", "Flood Plain and Environmental Areas". In Open Space areas also designated as Two-Zone Policy Areas, the intent of the Open Space designation is to recognize the danger associated with the floodway portion of the flood plain through prohibition of new urban development while recognizing the presence of existing urban development in the floodway. Existing development will be zoned to permit all legally existing uses and will be subject to the "Fill, Construction and Alteration to Waterways" regulation administered by the Grand River Conservation Authority. PLANNING AND ECONOMIC DECEMBER 13, 1993 DEVELOPMENT COMMITTEE 6. (Cont'd) 4.5 4.5.1 4.5.2 Alternative uses may be permitted provided that the subsequent use is compatible with surrounding land use designations, no new dwelling units are created, the use presents less of a risk to life and property in the event of flooding, the new use is not specifically prohibited by Policy IV. 12.iii), and approval is received from the Grand River Conservation Authority. The major permitted use in Open Space is recreation, including the necessary buildings and structures. Permitted uses are restricted to major district or city scale parks; conservation areas; cemeteries; crematoriums; mausoleums; swimming pools, ice rinks and associated buildings; sportsfields; golf courses; and, community trail links. Woodside Park and part of Highland Court Park have been covered with this designation as both provide district scale facilities for residents who live beyond the neighbourhood. Woodside Park provides both swimming and sportsfield facilities while Highland Courts Park contains the Highland Court Tennis Club and the Kitchener Lawn Bowling Club. SPECIAL POLICIES Those properties which front the north side of Mill Street between Stirling Avenue and the Shoemaker Greenway as well as 380 and 400 Mill Street and are occupied in part by an industrial use shall be designated Low Density Commercial Residential to the depth of a standard residential lot while the rear one-half to two-thirds of these properties will be designated General Industrial. It is recognized that there is existing private access over the residentially designated portions of these properties to the industrial designation in the rear and new private driveways shall also be permitted to cross over lands designated Low Density Commercial Residential to provide industrial access to lands designated General Industrial. In addition, the development of an interior industrial road with access to Mill Street west of the Shoemaker Greenway shall be permitted. Notwithstanding the Neighbourhood Institutional designation which applies to the property at 409 Mill Street, a large residential care facility shall be permitted. COUNCIL MINUTES - 688 - DECEMBER 13, 1993 4.5.3 Notwithstanding the Community Institutional designation which applies to the property at 50 Kent Avenue; offices, a financial establishment, warehousing and accessory retail shall be permitted within the existing building. 4.5.4 Notwithstanding the Low Density Conservation designation applied to the property at 373 Stirling Avenue South, an automobile service station and the service or repair of motor vehicles and major recreational equipment excluding body repair or rust proofing, shall be permitted, provided that such service or repair shall only be permitted within buildings or portions thereof, which existed prior to the passing of this Amendment. Further, the sale or rental of motor vehicles or major recreational equipment as an accessory use to an automobile service station or service or repair business, shall be permitted in accordance with the regulations of Section 13.1 of Zoning By-law 85-1. 4.5.5 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE Notwithstanding the Low Density Commercial Residential designation applied to the properties located at 363 Stirling Avenue South, 338 Mill Street and 453 Courtland Avenue, an automobile service station and the service or repair of motor vehicles and major recreational equipment excluding body repair or rust proofing, shall be permitted, provided that such service or repair shall only be permitted within buildings or portions thereof, which existed prior to the passing of this Amendment. Further, the sale or rental of motor vehicles or major recreational equipment as an accessory use to an automobile service station or service or repair business, shall be permitted in accordance with the regulations of Section 13.1 of Zoning By-law 85-1. DECEMBER 13, 1993 (Cont'd) 4.5.6 4.5.7 4.5.8 4.5.9 Notwithstanding the Low Density Commercial Residential designation, in order to preserve the existing scale and character of Martin Street, redevelopment of the properties at 26 Martin Street and 63 Courtland Avenue shall be restricted to a maximum height of 10.5 metres to a depth of 30 metres from the Martin Street streetline. The maximum Floor Space Ratio of 1.0 shall still apply. With the exception of street townhouses and those Low Density Commercial-Residential uses which are also permitted within the Low Density Conservation designation, new development shall be required to gain access via Courtland Avenue with no vehicular access permitted to Martin Street. A holding provision shall apply to 26 Martin Street withholding development until such time as the lands have been consolidated with lands having legal frontage and access to Courtland Avenue and a site plan including appropriate buffering measures has been approved by the City's Commissioner of Planning and Development. Notwithstanding the Medium Density Commercial Residential designation, a Holding Provision shall apply to certain properties fronting onto Queen Street South and Benton Street in the immediate vicinity of the proposed Queen-Benton Diversion as identified in the Zoning By-law. Conversions of existing buildings will only be permitted in compliance with the regulations of the implementing Zoning By-law and redevelopment shall be withheld until such time as notification by letter is received from the Regional Municipality of Waterloo to the City's Clerk that the Region is satisfied that development will not frustrate their ability to acquire lands for the Queen/Benton Diversion or frustrate their ability to construct the Queen/Benton Diversion. The existing elementary school sites at 107 Courtland Avenue East (Courtland Avenue Public School) and 160 Courtland Avenue East (St. Joseph School) shall be subject to a Holding Provision applicable to health office, health clinic, social service establishment, veterinary services, multiple dwelling, street townhouse dwelling, and large residential care facilities. Removal of the Holding Provision shall be conditional upon the requirement that the City Clerk is in receipt of a letter from the Ministry of Education giving its final approval to the school closing and upon the approval of a site plan by City Council which addresses the relationship of the proposed development to immediately surrounding properties in terms of such matters as siting of buildings, buffering, screening, pedestrian and vehicular access, outdoor lighting and site grading. Subject to the General Industrial designation, food processing including packaging, warehousing, distributing, slaughtering, eviscerating, rendering or cleaning of meat, COUNCIL MINUTES - 689 - DECEMBER 13, 1993 poultry and fish or by-products thereof; processing, milling or packaging of animal feed and fertilizer; and beverage distillation; and head office functions shall be deemed to be essential components of the existing industrial operation on the lands currently owned by Schneider Corporation and Subsidiaries. In addition to the above industrial uses, a free standing industrial administrative office shall be permitted on the lands located at 321 Courtland Avenue East. 4.5.10 Subject to the General Industrial designation, smelting, refining, rolling, forging or extruding of ore or metal; and stamping, blanking or punch-pressing of metal shall be deemed to be essential components of the existing industrial operation on the lands currently owned by Canadian Blower/Canada Pumps Limited. 4.5.11 Subject to the General Industrial designation, stamping, blanking or punch-pressing of metal shall be deemed to be essential components of the existing industrial operation on the lands currently owned by Zettel Manufacturing Limited. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 (Cont'd) 4.5.12 4.5.13 4.5.14 Subject to the General Industrial designation, stamping, blanking or punch-pressing of metal shall be deemed to be essential components of the existing industrial operation on the lands currently owned by MTD Products Limited. Notwithstanding the High Density Commercial Residential designation applied to the lands located at 48 Preston Street, a free-standing printing establishment shall be permitted. Notwithstanding the Low Density Commercial Residential designation, a Holding Provision shall apply to certain properties fronting onto Benton Street in the immediate vicinity of the proposed Queen-Benton Diversion as identified in the Zoning By-law. Conversions of existing buildings will only be permitted in compliance with the regulations of the implementing Zoning By-law and redevelopment shall be withheld until such time as notification by letter is received from the Regional Municipality of Waterloo to the City's Clerk that the Region is satisfied that development will not frustrate their ability to acquire lands for the Queen/Benton Diversion or frustrate their ability to construct the Queen/Benton Diversion. SECTION 5 - IMPLEMENTATION AND INTERPRETATION The provisions of the Official Plan of the City of Kitchener regarding the implementation and interpretation of that Plan shall apply to this Amendment. Further, that Schedule "A", Plan for Land Use, be replaced with Schedule "A" dated November 29, 1993. And further, that Schedule "B", Flood Plain and Environmental Areas be replaced with Schedule "B" dated November 29, 1993. It is the opinion of this Committee that the approval of this Amendment is proper planning for the City. That City Council approve Official Plan Amendment 88~9 (North Ward Neighbourhood Secondary Plan) as outlined: SECTION 4 - THE AMENDMENT The Official Plan for the City of Kitchener is amended as follows: COUNCIL MINUTES - 690 - DECEMBER 13, 1993 4.1 GENERAL POLICIES 4.1.1 Approval under Section 41 of the Planning Act shall be required for any development or conversion which constitutes development under the Planning Act. It is intended that development should be of a siting and design which will be compatible with the existing development and particularly the single detached dwellings in the interior of the neighbourhood. 4.1.2 The policies of this Plan will be implemented through application of the comprehensive Zoning By-law. Maintenance of existing structures will be encouraged through the Property Standards By-law. 4.1.3 The severance of rear and flanking property assemblies for integrated redevelopment schemes will be permitted provided that the remnant or remaining parcel continues to be in conformity with the policies of the Plan and the implementing Zoning By-law. 4.1.4 Sections I through IV and Section VI of the Official Plan of the City of Kitchener shall continue to apply to the North Ward neighbourhood except where specifically cited within the text of this Amendment. 4.1.5 Schedule "A" entitled "Plan for Land Use" attached shall form part of the North Ward Secondary Plan. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 (Cont'd) 4.1.6 4.1.7 4.1.8 Map 1 -"Plan for Land Use" is amended by deleting the area covered by the North Ward Neighbourhood Secondary Plan and replacing it with the land use scheme shown on the attached Schedule A -"Plan for Land Use". Map 1 -"Plan for Land Use", Map 2 -"Floodplain and Environmental Areas", Map 3 - "Primary Aggregate Resource Areas", and Map 4 - "Community Improvement Areas" shall be amended to show the classification of roads within the North Ward neighbourhood as designated on Schedule A -"Plan for Land Use". Suitable measures based on the Ministry of the Environment standards for the mitigation of noise will be provided to the satisfaction of the Region of Waterloo and C.N. Rail where applicable for new residential development and places of assembly abutting the C.N. Rail Right-of-Way. 4.2 4.2.1 4.2.2 4.2.3 LAND USE DESIGNATIONS Low Density Conservation - A Permitted uses are restricted to single detached dwellings, duplex dwellings, semi- detached dwellings, lodging house, small residential care facilities, home businesses, and private home daycare. Low Rise Multiple Residential Permitted uses are restricted to single detached dwellings, duplex dwellings, semi- detached dwellings, multiple dwellings, lodging houses, small residential care facilities, home businesses, and private home daycare. Opportunities for residential development are provided to a maximum density of 40 units per hectare. The maximum Floor Space Ratio shall be 0.6, that is, the above-grade building floor area shall not exceed 0.6 times the lot area. Multiple dwellings may be permitted to exceed 40 units per hectare on an individual site provided the Floor Space Ratio of 0.6 is not exceeded. Low Density Multiple Residential Permitted uses are restricted to single detached dwellings, duplex dwellings, semi- COUNCIL MINUTES - 691 - DECEMBER 13, 1993 detached dwellings, multiple dwellings, small and large residential care facilities, lodging houses, home businesses, and private home daycare. Opportunities for residential development are provided to a maximum density of 100 units per hectare. The Maximum Floor Space Ratio shall be 1.0,, that is, the above-grade building floor area shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted to exceed 100 units per hectare on an individual site provided the Floor Space Ratio of 1.0 is not exceeded. 4.2.4 Mixed Industrial-Residential In addition to manufacturing, permitted uses in the Mixed Industrial-Residential designation are restricted to single detached dwellings, duplexes, multiple dwellings to a maximum of three dwelling units, health offices, industrial office supply or industrial services, audio-visual or medical laboratories, commercial parking facilities, craftsman shops, daycare facilities, printing establishments, private clubs, lodge or union halls, repair services, studios, tradesman or contractors establishments, educational establishment, office, religious institution, security or janitorial services, surveying, engineering, planning or design business and warehousing and wholesaling. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 7. (Cont'd) 4.2.5 Prohibited uses shall include, but are not limited to: beverage distillation; manufacturing of asbestos, phosphate or sulphur products; primary production of chemicals, synthetic rubber, plastic, asphalt, cement or concrete; processing or refining of petroleum or coal; processing, milling or packaging of animal feed; retail accessory to warehousing or wholesaling; salvage, recycling or scrap yard; slaughtering, eviscerating, rendering or cleaning of meat, poultry or fish or by-products thereof; smelting, refining, rolling, forging or extruding of ore or metal; stamping, blanking, punch-pressing, pressing, cutting, drawing, machining and fabricating of metal; tanning or chemical processing of pelts or leather; and vulcanizing of rubber or rubber products. General Industrial In addition to manufacturing, permitted uses in the General Industrial designation are restricted to automobile service stations; industrial businesses; repair services; those uses related to the sale, rental, service, storage or repair of motor vehicles or major recreational equipment; technical/scientific businesses; transportation depots; truck transport terminals; veterinary services; and warehouses. Industrial businesses are those industrial operations with a commercial component which require large areas for the storage of goods, such as building material and decorating supply sales, or industrial office supply or industrial service. With the exception of accessory offices and offices of firms involved in surveying, engineering, planning, or design, office use is restricted to a small percentage of the total floor area of a building used primarily for industrial purposes. Complementary uses which do not interfere with, nor are detrimental to, the development of industrial operations are permitted in General Industrial areas. These permitted uses included uses such as commercial recreation facilities, daycare facilities, financial establishments, health offices and health clinics, parks and open space, private clubs or lodges, union halls, and public and non-residential institutional uses. Prohibited uses shall include, but are not limited to: beverage distillation; manufacturing of asbestos, phosphate or sulphur products; primary production of chemicals, synthetic rubber, plastic, asphalt, cement or concrete; processing or refining of petroleum or coal; processing, milling or packaging of animal feed; salvage, recycling or scrap yard; slaughtering, eviscerating, rendering or cleaning of meat, poultry or fish or by-products COUNCIL MINUTES - 692 - DECEMBER 13, 1993 thereof; smelting, refining, rolling, forging or extruding of ore or metal; stamping, or punch-pressing of metal; tanning or chemical processing of pelts or leather. 4.2.6 Convenience Commercial Permitted uses are restricted to convenience retail, financial establishments, personal services, gas bars, medical offices, restaurants and dwelling units. Medical office and restaurant uses shall only be permitted in plazas, that is, developments having three or more units, in combination with other permitted commercial uses. 4.2.7 Nei.qhbourhood Park Permitted uses are restricted to public passive or active open space, playgrounds, sports fields, community centres, recreation facilities such as public parks or tennis courts, and a bikeway, greenbelt or trail system. 4.2.8 Open Space Permitted uses are restricted to major community scale parks, conservation areas, hazard lands, cemeteries, crematoriums, mausoleums, outdoor recreation and golf courses. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 (Cont'd) 4.3 4.3.1 4.3.2 4.3.3 4.3.4 4.3.5 4.3.6 SPECIAL POLICIES Not withstanding the General Industrial land use designation which applies to the Hogg Fuel and Supply Limited property located at 5 Hill Street, the production of cement or concrete and the sale and storage of heating fuel shall be permitted uses. Notwithstanding the General Industrial land use designation which applies to the H. Boehmer Limited property at 5 Johnston Street, the production of cement or concrete and the sale and storage of heating fuel shall be permitted uses. Notwithstanding the general Industrial land use designation which applies to the Earl's Auto Parts property at 956 Guelph Street, a salvage, recycling or scrap yard shall be a permitted use. Notwithstanding the General Industrial land use designation which applies to the Hoffman Meats Incorporated property at 352 Maple Avenue, slaughtering, eviscerating, rendering or cleaning of meat, poultry or by-products thereof shall be permitted uses. Notwithstanding the General Industrial land use designation which applies to the Continental Meat Packers Incorporated property at 305-401 Arnold Street, slaughtering, eviscerating, rendering or cleaning of meat, poultry or by-products thereof shall be permitted uses. Notwithstanding the General Industrial designation on the lands bounded by Spring Valley Road, Springwood Park and the Conestoga Parkway, freestanding offices will also be permitted. SECTION 5 - IMPLEMENTATION AND INTERPRETATION The provisions of the Official Plan of the City of Kitchener regarding the implementation and interpretation of that Plan shall apply to this Amendment. And further, that Schedule "A", Plan for Land Use be revised by replacing the Low Density Conservation designation with Low Density Conservation-A-designation. It is the opinion of this Committee that the approval of this Amendment is proper planning for the COUNCIL MINUTES - 693 - DECEMBER 13, 1993 City. That City Council approve Official Plan Amendment 92/14 (King Street East Neighbourhood Secondary Plan) as outlined: SECTION 4 - THE AMENDMENT A) The Official Plan for the City of Kitchener is hereby amended by: 1. Deleting Policy IV. 11 .i)in its' entirety; Map 5 "Plan for Land Use: Downtown" is amended by deleting all lands east of Cedar Street from the "East Market" land use designation as shown on amended Map 5 attached hereto. 3. Deleting Policy V. 1.1.3 in its' entirety. Amending Policy V. 1.2.5 by deleting the word "proposed ring road" and substituting therefor "Cedar Street". Amending Policy V. 1.3.2 by deleting the ninth (9th) and tenth (10th) paragraphs in their entirety. B) The Official Plan for the City of Kitchener is amended by deleting from "Map 1 -Plan for Land Use" that area identified by the Amendment as the King Street East Neighbourhood, and replacing it with Schedule "A" of this Amendment. Further, all transportation and land use designations contained on Schedule "A" pertain to, and PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 (Cont'd) are described by the respective transportation and land use designations contained within this Official Plan Amendment as follows: 4.1GENERAL POLICIES 4.1.1 Approval under Section 41 of the Planning Act shall be required for any building or conversion which constitutes development under the Act. It is intended that development should be of a siting and design which will be compatible with the existing development and particularly the single detached dwellings in the interior of the neighbourhood. 4.1.2 The policies of the Plan will be implemented through application of the comprehensive Zoning By- law. Maintenance of existing structures will be encouraged through the Property Standards By-law. 4.1.3 The severance of rear and flanking property assemblies for integrated redevelopment schemes will be permitted provided that the remnant on remaining parcel continues to be in conformity with the policies of the Plan and the implementing Zoning By-law. 4.1.4 Sections I through IV and Section VI of the Official Plan of the City of Kitchener shall continue to apply to the King Street East neighbourhood except where specifically cited within the text of this Amendment. 4.1.5 Map 1, "Plan for Land Use" is amended by deleting the area covered by the King Street East Secondary Plan Area 2 and replacing it with the land use scheme shown on the attached Schedule "A". 4.2LAND USE DESIGNATIONS 4.2.1 Low Density Conservation COUNCIL MINUTES - 694 - DECEMBER 13, 1993 Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings containing a maximum of three dwelling units, lodging houses, small residential care facilities, home businesses, and private home day-care. 4.2.2 Low Rise Multiple Residential Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, lodging houses, small residential care facilities, home businesses, and private home day care. Opportunities for residential development are provided to a maximum density of 40 units per hectare. The Maximum Floor Space Ratio shall be 0.6, that is, the above grade building floor area shall not exceed 0.6 times the lot area. Multiple dwellings may be permitted to exceed 40 units per hectare on an individual site provided the Floor Space Ratio of 0.6 is not exceeded. 4.2.3 Low Density Multiple Residential Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, small and large residential care facilities, lodging houses, home businesses, and private home day care. Opportunities for residential development are provided to a maximum density of 100 units per hectare. The Maximum Floor Space Ratio shall be 1.0, that is, the above grade building floor area shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted to exceed 100 units per hectare on an individual site provided the Floor Space Ratio of 1.0 is not exceeded. 4.2.4 Medium Density Multiple Residential PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 8.(Cont'd) The permitted uses are restricted to existing single and semi-detached dwellings, duplex dwellings, multiple dwellings, small and large residential care facilities, lodging houses, home businesses and private home day care. Day care facilities are also permitted provided they are located on the same lot as a large multiple dwelling. Opportunities for residential development are provided to a maximum density of 200 units per hectare. The Maximum Floor Space Ratio shall be 2.0, that is, the above grade building floor area shall not exceed 2.0 times the lot area. Multiple dwellings may be permitted to exceed 200 units per hectare on an individual site provided the Floor Space Ratio of 2.0 is not exceeded. 4.2.5 Low Density Commercial Residential The "Low Density Commercial Residential" designation recognizes the existing scale of mixed commercial residential development and allows for Iow density redevelopment to office, institutional, and multiple residential uses. This designation is intended to provide a buffer between the lands designated Low Rise Multiple Residential to the south and the "Low Density Conservation" areas located directly to the north. Permitted residential uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, lodging houses, home businesses, private home day care, small and large residential care facilities, and multiple dwellings. Commercial uses are restricted to offices, office support services, health offices, health clinics, club facilities, funeral homes, financial establishments, religious institutions, educational establishments, medical laboratories, studios, tourist homes, day care facilities, a limited amount of personal services and small convenience retail. Land uses may segregate in separate buildings or integrate in a mixed use development. Personal services and convenience retail must be internal to a large residential, office or mixed use development. Residential development will be restricted to a maximum of 100 units per hectare on an individual lot. The maximum floor space ratio shall be 1.0, that is the above grade building floor area shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted to exceed 100 units per hectare provided the Floor Space Ratio of 1.0 is not exceeded. In all cases, COUNCIL MINUTES - 695 - DECEMBER 13, 1993 redevelopment within this designation shall obtain access from Weber Street East. 4.2.6 Nei,qhbourhood Commercial The intent of the "Neighbourhood Commercial" designation is to provide locations for a variety of commercial uses which serve the needs of the consumer at the neighbourhood level. It is further intended that these facilities will provide a complementary role to the larger commercial establishments located in the City of Kitchener. Neighbourhood Commercial shall be defined as a group of commercial establishments planned and developed as a unit, with a minimum gross leasable retail commercial space of not less than 1,000 square metres, and a maximum of not more than 13,500 square metres, with the maximum gross leasable retail commercial floor space of any singular commercial outlet or establishment not exceeding 4,550 square metres. Permitted uses include offices, including health offices and health clinics, retail, services catering to personal or household needs, restaurants, automobile service stations, repair services, financial establishments, studio, veterinary services, day care facilities and car washes. 4.2.7 Service Commercial PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 8.(Cont'd) Service Commercial is a land use category for a broad range of commercial and industrial business uses, each of which has the following basic characteristics: a)they provide a specialized product or service to persons coming specifically to the premises to do business and, therefore, are not required to locate in the City's pedestrian-oriented retail shopping areas such as the Downtown and Regional, Community or Neighbourhood Shopping Centres; b)the rely on business from and exposure to the travelling public, require a location readily accessible to a well-populated market area and, therefore, should be located on a Primary or Secondary Arterial Road, provided suitable access is available in keeping with Regional Policy and Procedures for Access onto Regional Roads, and should not generally be required to locate within an industrial area. Possible uses within a Service Commercial area would include, but are not limited to, those oriented to the travelling general public, such as motels, hotels, restaurants, automobile service stations, vehicle and recreational equipment sales/rental and service and commercial recreation. Service Commercial areas are, however, not intended to provide locations for those retail and office uses normally found in the Downtown or Regional, Community and Neighbourhood Shopping Centre areas. Service Commercial areas should not directly compete with Regional, Community or Neighbourhood Shopping Centres. However, convenience commercial facilities may be permitted within Service Commercial areas. Other types of sales outlets shall be permitted where, because of their function or space requirements, they fulfil at least one of the following: i)they form part of a firm or business that has the majority of its floor area fulfilling a warehouse, storage or distribution function to other than the ultimate consumer; ii)they form part of a firm or business that has a portion of its operation related to the servicing of motor vehicles; and iii) they require large enclosed or open space areas not normally available in shopping centres. COUNCIL MINUTES - 696 - DECEMBER 13, 1993 Office uses shall only be permitted in the Service Commercial category where they are accessory to a Service Commercial land use, or are contained within a building used primarily for service commercial purposes. Businesses such as surveying, planning, engineering or design, as well as health offices and health clinics may locate in freestanding buildings. Commercial entertainment shall only be permitted in the Service Commercial category where it is an accessory use within hotels, motels and restaurants, or as part of a planned commercial recreation complex such as an amusement park. The Service Commercial land use category also permits industrial business uses. The industrial businesses permitted within the Service Commercial designation are restricted to those firms which do not engage in on-site manufacturing or processing. Craftsman shops used for the creation, finishing, refinishing or similar production of custom or handmade commodities are, however, permitted. Permitted complementary uses may include non-residential institutional. 4.2.8 Nei.qhbourhood Institutional PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 8.(Cont'd) The Neighbourhood Institutional designation makes provision for and recognizes and existence of small, neighbourhood-oriented institutions such as schools, churches, and community services. Uses permitted within the Neighbourhood Institutional designation are restricted to single detached dwellings, duplex dwellings, and semi-detached dwellings, home businesses, private home day care, educational establishments, religious institutions, and small residential care facilities. In addition, day care facilities are a permitted use provided that they are located within an educational establishment or a religious institution. 4.2.9 Open Space The Open Space category is intended to reserve lands for a variety of reasons such as for preservation of natural features, outdoor recreation, lands undevelopable for reasons of flooding or instability, and land parcels made available through public works, water courses and railway right-of-ways. Uses include major community scale parks, conservation areas, hazard lands, cemeteries, crematoriums, mausoleums, outdoor recreation, and golf courses. 4.3SPECIAL POLICIES 4.3.1 Notwithstanding the Service Commercial land use designation, the following shall apply: Special Policy Area 1 is defined as those lands falling within the area bounded by Madison Avenue/Cedar Street, the Conestoga Parkway, Charles Street and the extent of the commercial zoning on the north side of King Street East as it existed on December 31, 1987. King Street East constitutes the major transportation spine through the area directly connecting it to the core of the City. This corridor acts as the main entranceway into the City and is characterized by a wide variety of commercial, office, institutional and residential uses. The King Street East corridor is designated Service Commercial in order to foster commercial development. However, the long term objective for the corridor also encourages the development of a high profile entranceway to the City consisting of office, high density residential and institutional uses in mixed use buildings with ground floor commercial uses. It is also intended that a number of existing uses and additional objectives be recognized. Office, institutional and high density residential uses are permitted in either freestanding or mixed-use COUNCIL MINUTES - 697 - DECEMBER 13, 1993 buildings. In order to create a higher order transition zone adjacent to the City Commercial Core, new development of the following uses between Cedar Street and Stirling Avenue shall be prohibited: Automobile Service Station; Car Wash; the Sale, Rental, Service, Storage or Repair of Motor Vehicles and Major Recreational Equipment and Parts and Accessories for Motor Vehicles or Major Recreational Equipment; Tradesman or Contractor's Establishment; Warehousing and Wholesaling. Any such existing uses will be recognized as permitted uses and shall be permitted to redevelop or expand subject to site plan approval. These uses will also be prohibited from occupying those lands which front onto Charles Street between Ottawa and Sydney Streets. This prohibition is intended to ensure a higher order form of development in recognition of the existing residences on both the north and particularly south side of Charles Street. Three retail uses not permitted under the Service Commercial designation currently occupy properties on the northeast and southwest corners of the intersection of Stirling Avenue and King Street East and the northwest corner of the intersection of Dane PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 8.(Cont'd) Street and King Street East. Notwithstanding the above, retail uses will be permitted at these locations and allowed to expand and/or redevelopment. In order to allow for the assembly of adequately sized redevelopment parcels on the north side of King Street East the boundary of Special Policy Area 1 has been enlarged to the extent of the commercial zoning as it existed on December 31. 1987. A holding provision prohibits commercial development on properties fronting onto the sidestreets running north off King Street East until such time as said properties are consolidated with a property fronting onto King Street East. COUNCIL MINUTES - 698 - DECEMBER 13, 1993 The lands between Sheldon Avenue, Preston Street, King Street East and Charles Street, except for those properties fronting onto King Street East between Preston Street and Sheldon Avenue, shall be subject to a holding provision in order to ensure the short term viability of the existing residential uses. Permitted uses shall be restricted to single detached dwellings, duplex dwellings, multiple dwellings containing a maximum of 3 dwelling units, small lodging house, small residential care facility, home business and private home day care. Multiple residential and commercial uses are contingent upon these lands being assembled with lands that have frontage on King Street and redevelopment will be accomplished by a holding zone category being applied to such properties in the Zoning By-law. The holding provision of the zoning shall be removed so as to allow redevelopment to proceed when the following criteria have been met: 1)consolidation or assembly of all the properties with property having frontage on King Street; 2)a site plan pursuant to Section 41 indicating that these lands will developed in conjunction with lands having frontage on King Street has been approved. 4.3.2 Notwithstanding the Low Density Commercial Residential land use designation, redevelopment of properties fronting onto the sidestreets running south off Weber Street East to commercial uses shall be subject to a holding provision until such time as said properties are consolidated with a property fronting onto King Street East. 4.3.3 Notwithstanding the Neighbourhood Commercial land use designation, the sale, rental, service, storage and repair of motor vehicles shall be permitted at 20 Ottawa Street North. 4.3.4 Notwithstanding the Service Commercial land use designation, retail shall also be permitted on lands bounded by Charles Street, Cedar Street, Madison Avenue, and King Street East and on those lands fronting onto the north side of King Street East between Cedar Street and Madison Avenue. SECTION 5 - IMPLEMENTATION AND INTERPRETATION The provisions of the Official Plan of the City of Kitchener regarding the implementation and interpretation of that Plan shall apply to this Amendment. It is the opinion of this Committee that the approval of this Amendment is proper planning for the City. 9.That City Council approve Official Plan Amendment 92/15 (Cedar Hill Neighbourhood Secondary Plan - Stage 6 Amendment) as outlined: SECTION 4 - THE AMENDMENT That the Cedar Hill Neighbourhood Secondary Plan as approved by the Regional Municipality of Waterloo on January 11, 1990 and as further revised by City Council on March 9, 1992, and November 9, 1992 be COUNCIL MINUTES PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE 699 - DECEI~BER 13, 1993 DECEMBER 13, 1993 9.(Cont'd) rescinded and the following be adopted immediately subsequent therefor: 4.1 INTRODUCTION The area referred to as the "Cedar Hill Neighbourhood" is comprised of nine blocks of primarily residential development located immediately south of the Downtown in an area which was the site of some of Kitchener's earliest settlement. The Cedar Hill neighbourhood is bounded by Queen South, St. George, Cedar, Church, Eby, Stirling and Charles Streets. A detailed planning process was carried out for the Cedar Hill neighbourhood in the 1980's and culminated in the adoption of a Secondary Plan for the area in 1990. The Secondary Plan modifies the Official Plan land use scheme to more accurately reflect the existing and proposed types of uses found in the neighbourhood's residential, open space, commercial and industrial areas. 4.2 GENERAL POLICIES 4.2.1 Approval under Section 41 of the Planning Act shall be required for any development of conversion which constitutes development under the Planning Act. It is intended that development should be of a siting and design which will be compatible with the existing development and particularly the single detached dwellings in the interior of the neighbourhood. 4.2.2 The policies of this Plan will be implemented through application of the comprehensive Zoning By- law. Maintenance of existing structures will be encouraged through the Property Standards By-law. 4.2.3 The severance of rear and flanking property assemblies for integrated redevelopment schemes will be permitted provided that the remnant or remaining parcel continues to be in conformity with the policies of the Plan and the implementing Zoning By-law. 4.2.4 Sections I through IV and Section VI of the Official Plan of the City of Kitchener shall continue to apply to the Cedar Hill neighbourhood except where specifically cited within the text of this Amendment. 4.2.5 Schedule "A" entitled "Plan for Land Use" attached shall form part of the Cedar Hill Secondary Plan. 4.2.6 Settlement Pattern Policy Area B of the Regional Official Policies Plan as it applies to the Cedar Hill neighbourhood constitutes those areas of the neighbourhood which have been designated High Density Commercial Residential, General Industrial, Medium Density Commercial Residential and Medium Density Multiple Residential which are shown on Schedule "A". 4.3FLOODPLAIN POLICIES 4.3.1 The flood plain of the portions of Schneider Creek within the Cedar Hill neighbourhood is designated as Two-Zone Flood Plain Policy areas by the City of Kitchener and the Grand River Conservation Authority. For detailed flood plain planning policies, reference shall be had to Section IV. 12 of the Official Plan, "Flood Plain Policies". 4.4 LAND USE DESIGNATIONS 4.4.1 Low Density Conservation Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings to a maximum of three units, small lodging houses, small residential care facilities, home businesses and private home day care. COUNCIL MINUTES - 700 - DECEMBER 13, 1993 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 9.(Cont'd) 4.4.2 Low Rise Multiple Residential Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, lodging houses, small residential care facilities, home businesses and private home day care. Opportunities for residential development are provided to a maximum density of 40 units per hectare. The maximum Floor Space Ratio shall be 0.6, that is, the above grade building floor area shall not exceed 0.6 times the lot area. Multiple dwellings may be permitted to exceed 40 units per hectare on an individual site provided the Floor Space Ratio of 0.6 is not exceeded. 4.4.3 Low Density Multiple Residential Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, lodging houses, small residential care facilities, home businesses and private home day care. Opportunities for residential development are provided to a maximum density of 100 units per hectare. The Maximum Floor Space Ratio shall be 1.0, that is, the above grade building floor area shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted to exceed 100 units per hectare on an individual site provided the Floor Space Ratio of 1.0 is not exceeded. 4.4.4 Medium Density Multiple Residential The permitted uses are restricted to existing single detached and semi-detached dwellings, duplex dwellings, multiple dwellings, small residential care facilities, lodging houses, private home day care, and home businesses. Day Care Facilities are permitted provided they are located on the same lot as a large multiple dwelling. Opportunities for development are provided to a maximum density of 200 units per hectare. The Maximum Floor Space Ratio shall be 2.0, that is, the above grade building floor area of any development shall not exceed 2.0 times the lot area. Multiple dwellings may be permitted to exceed 200 units per hectare on an individual site provided the Floor Space Ratio of 2.0 is not exceeded. 4.4.5 Hi,qh Density Multiple Residential Permitted residential uses shall be restricted to multiple dwellings and lodging houses. Additional uses permitted within the designation may include day care facilities provided they are located on the same lot as a large multiple dwelling, a limited amount of personal services and small convenience retail provided they are internal to a large multiple dwelling, offices provided they are internal to a large multiple dwelling and located at grade level, private home day care, small residential care facilities, and home businesses. This designation permits residential development densities in excess of 200 units per hectare. The maximum Floor Space Ratio shall be 4.0, that is, the above grade building floor area shall not exceed 4.0 times the lot area. 4.4.6 Medium Density Commercial Residential Residential uses are restricted to existing single detached and semi-detached dwellings, duplex dwellings, lodging houses, home businesses, private home day care, small residential care facilities, and multiple dwellings. Commercial uses are restricted to offices, office support services, health offices, health clinics, day care facilities, medical laboratories, religious institutions, educational establishments, club facilities, funeral homes, financial establishments, studios, tourist homes, a limited amount of personal services and small convenience retail uses. Land uses may be segregated in separate buildings or integrated into a mixed use development. Personal services and convenience retail uses must be internal to a large residential, office or mixed use building. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 COUNCIL MINUTES - 701 - DECEMBER 13, 1993 9.(Cont'd) Residential development will be restricted to a maximum of 200 units per hectare on an individual lot. The maximum Floor Space Ratio shall be 2.0, that is, the above grade building floor area of any development shall not exceed 2.0 times the lot area. Multiple dwellings may be permitted to exceed 200 units per hectare on an individual lot provided the Floor Space Ratio of 2.0 is not exceeded. 4.4.7 Hi,qh Density Commercial Residential Permitted land uses include multiple dwellings which may exceed 200 units per hectare, lodging houses, small residential care facilities, home businesses, and private home day care. Commercial uses are restricted to offices, office support services, health offices, health clinics, medical laboratories, religious institutions, educational establishments, day care facilities, club facilities, funeral homes, financial establishments, studios, tourist homes, a limited amount of personal services and small convenience retail uses. Land uses may be segregated in separate buildings or integrated into a mixed use development. Personal services and convenience retail uses must be internal to a large residential, office or mixed use development. The maximum Floor Space Ratio shall be 4.0, that is, the above grade building floor area of any development shall not exceed 4.0 times the lot area. 4.4.8 Community Institutional The Community Institutional land use category makes provision for, and recognizes the existence of, community institutional uses such as elementary schools, churches and community services. It also makes provision for a range of quasi-institutional and residential uses which are complementary to the community institutional uses and/or represent viable redevelopment options for affected sites in terms of the use existing facilities and effects on the surrounding community. Lands designated Community Institutional shall be located along Primary or Secondary Arterial or Collector Roads as identified on Schedule "A" of this Plan. This designation has been applied to the properties located at 136 and 138 Madison Avenue South. The vacant property at 136 Madison Avenue South has recently been acquired by the Waterloo Region Separate School Board for addition to the St. Joseph's School property which fronts onto Courtland Avenue. The residential property located at 138 Madison Avenue South has also been designated Community Institutional because it lies between 136 Madison Avenue South and the existing St. Joseph's School and Church and will likely be acquired by either the Waterloo Region Roman Catholic School Board or St. Joseph's Church at some future date. The above-noted properties constitute a large block of institutional land uses with frontage on Courtland Avenue. Redevelopment of the properties at 136 and 138 Madison Avenue South must be undertaken in conjunction with the adjacent school and/or church properties to ensure that the properties are located along a Primary Road, that is, Courtland Avenue. In addition, existing and planned elementary school sites which are designated and/or zoned Community Institutional the properties at 136 and 138 Madison Avenue South shall be affected by a Holding Provision which will be applied by means of the implementing zoning by-law. The Holding Provision shall be applied to all such sites and be applied to the following uses: a health office, a health clinic; a veterinary service, a multiple dwelling, a social service establishment, a street townhouse dwelling or a large residential care facility. Removal of the Holding Provision shall be conditional upon the requirement that the City Clerk is in receipt PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 9.(Cont'd) COUNCIL MINUTES - 702 - DECEMBER 13, 1993 of a letter from the Ministry of Education giving its final approval to the school closing and upon the approval of a site plan by the City Council which addresses the relationship of the proposed development to immediately surrounding properties in terms of such matters as siting of buildings, buffering, screening, pedestrian and vehicular access, outdoor lighting and site grading. 4.4.9 Major Institutional The purpose of the Major Institutional Land Use category is to recognize the existence of large institutional uses such as hospital and secondary schools and to encourage the long term use of lands so designated for these and similar uses. In this case, the lands occupied by Cameron Heights Collegiate Institute are proposed to be designated Major Institutional. 4.4.10 General Industrial In addition to manufacturing, General Industrial provides for automobile service stations; industrial businesses; repair services; those uses related to the sale, rental, service, storage or repair of motor vehicles or major recreational equipment; technical/scientific businesses; transportation depots; truck transport terminals; veterinary services; and warehouses. Industrial businesses are those industrial operations with a commercial component which require large areas for the storage of goods, such as building material and decorating supply sales, or industrial office supply or industrial service. With the exception of accessory offices and offices of firms involved in surveying, engineering, planning or design, office use is restricted to a small percentage of the total floor area of a building used primarily for industrial purposes. Complementary uses which do not interfere with, nor are detrimental to, the development of industrial operations are permitted in General Industrial areas. These permitted uses include uses such as commercial recreation facilities, day care facilities, financial establishments, medical offices and medical clinics, parks and open space, private clubs or lodges, union halls, and public and non-residential institutional uses. Prohibited uses shall include, but are not limited to, beverage distillation; vulcanizing of rubber or rubber products; manufacturing of asbestos, phosphates or sulphur products; primary production of chemicals, synthetic rubber, plastic, asphalt, or cement; processing or refining of petroleum or coal; processing, milling or packaging of animal feed; salvage, recycling or scrap yards; slaughtering, eviscerating, rendering or cleaning of meat, poultry or fish or by-products thereof; smelting, refining, rolling, forging, or extruding of ore or metal; stamping or punch-pressing; tanning or chemical processing of pelts or leather. 4.4.11 Nei.qhbourhood Park The permitted uses within the Neighbourhood Park land use designation include public passive or active open space, playgrounds, sports fields, community centres, recreation facilities such as public parks or tennis courts, and a bikeway, greenbelt or trail system. 4.4.12 Open Space The permitted uses within Open Space land use designation include major community scale parks, conservation areas, hazard lands, cemeteries, crematoriums, mausoleums, outdoor recreation and golf courses. 4.5 SPECIAL POLICIES PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 9.(Cont'd) 4.5.1 Notwithstanding the Low Density Conservation land use designation, on the lands located COUNCIL MINUTES - 703 - DECEMBER 13, 1993 at 25 Hebel Place, a maximum of nine (9) dwelling units shall be permitted. 4.5.2 Notwithstanding the Low Density Multiple Residential land use designation, a large residential care facility shall be permitted use on the property located at 47 Madison Avenue South. 4.5.3 Notwithstanding the Low Rise Multiple Residential land use designation on the lands located at 93 Cedar Street South, a maximum of 5 dwelling units may be permitted on the property through intensification of the existing building and infill development to the rear of the existing building. 4.5.4 Notwithstanding the Low Density Multiple Residential designation the maximum above grade building height shall be 13.5 metres. 4.5.5 Notwithstanding the provisions of any of the land use designations within this Plan, new large residential care facilities shall not be permitted. SECTION 5 - IMPLEMENTATION AND INTERPRETATION The provision of the Official Plan of the City of Kitchener regarding the implementation and interpretation of that Plan shall apply to this Amendment, It is the opinion of this Committee that the approval of this Amendment is proper planning for the City. 10.That City Council approve Official Plan Amendment 92/16 (Central Frederick Neighbourhood Secondary Plan - Stage 6 Amendment) as outlined: SECTION 4 - THE AMENDMENT That the Central Frederick Neighbourhood Secondary Plan as approved by the Ontario Municipal Board on June 12, 1989 and as further revised by City Council on March 9, 1992, be repealed and the following adopted immediately subsequent therefor: 4.1 INTRODUCTION The area referred to as the "Central Frederick Neighbourhood" is a 46 block inner city community situated north and east of the Downtown and is bounded by the Conestoga Expressway, the C.N.R. mainline, and Lancaster, Frederick, Weber and Krug streets. A detailed planning process was carried out for the Central Frederick neighbourhood in the 1980's and culminated in the adoption of a Secondary Plan for the area in 1989. The Secondary Plan seeks to redesignate and refine the existing Official Plan land use designations having regard for the local planning issues for the neighbourhood. In addition to changes in the land use scheme, the Plan also reclassifies the hierarchy of roads in the neighbourhood to more accurately reflect their use, function, and design. 4.2 GENERAL POLICIES 4.2.1 Approval under Section 41 of The Planning Act regarding Site Plan Control shall be required for all development and conversions considered development under the Act. It is intended that development should be of a siting and design which will be compatible with the existing development and particularly the single detached dwellings in the interior of the neighbourhood. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 10.(Cont'd) COUNCIL MINUTES - 704 - DECEMBER 13, 1993 4.2.2 The policies of this Plan will be implemented through application of the comprehensive Zoning By- law. Maintenance of existing structures will be encouraged through the Property Standards By-law. 4.2.3 Sections I through IV and Section VI of the Official Plan of the City of Kitchener continue to apply to the Central Frederick Neighbourhood except where specifically revised within the text of this Amendment. 4.2.4 Schedule A" entitled "Plan for Land Use" attached shall form part of the Central Frederick Secondary Plan. 4.2.5 Settlement Policy Area "B" of the Regional Official Policies Plan as it applies to the Central Frederick Neighbourhood constitutes those areas bounded by Frederick Street, Lancaster Street, Krug Street and Weber Street. The boundary is shown on Schedule "A" of the Amendment. 4.2.6 It is recognized that in many instances, the land use designations shown on Schedule "A" are not coincident with rear property lines. The severance of rear and flanking property assemblies for integrated redevelopment schemes will be permitted provided that the remnant or remaining parcel continues to be in conformity with policies of the Plan and the implementing Zoning By-law. 4.3 TRANSPORTATION POLICIES 4.3.1 It is an objective of this Amendment to separate local and through traffic as much as possible. One specific roadway is proposed for closure: Gordon Avenue, where it intersects with Mansion, and Lancaster Street. The closure will be implemented by By-law in accordance with the procedures of the Municipal Act. 4.4 LAND USE DESIGNATIONS 4.4.1 Low Density Conservation - A The intent of the "Low Density Conservation - A" designation is to preserve the scale, use and intensity of existing development. This designation is applied to those portions of the community where the vast majority of land use is single detached dwellings. The dwellings are in good structural condition, and the are exhibits the characteristics of a stable family- oriented area. Permitted uses are restricted to single detached dwellings, semi-detached dwellings, duplex dwellings, lodging houses, small residential care facilities, private home day care and home businesses; and those triplexes which were in compliance with the Zoning By-law as of the date of the approval of the original Central Frederick Secondary Plan (June 12, 1989). 4.4.2 Low Density Conservation - B The intent of the "Low Density Conservation - B" designation is to retain the existing Iow rise, Iow density residential character of the Neighbourhood. Retention of the existing Iow rise, Iow density neighbourhood scale shall be encouraged through the long term maintenance and improvement of the existing housing stock, and the creation of additional residential units through conversion of the existing residential structures. New housing through redevelopment shall not exceed the existing scale and density of the area occurring at the date of approval of this Amendment. Permitted uses are restricted to single detached dwellings, semi-detached dwellings, duplex dwellings, multiple dwellings to a maximum of three units, small lodging houses, small residential care facilities, home businesses, and private home day care. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 COUNCIL MINUTES - 705 - DECEMBER 13, 1993 10.(Cont'd) 4.4.3 Low Rise Multiple Residential The intent of the "Low Rise Multiple Residential" designation is to provide for a range of housing opportunities while retaining and enhancing the Iow profile of the residential streetscape. Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, lodging houses, small residential care facilities, home businesses, and private home day care. Opportunities for development are provided to a maximum density of 40 units per hectare. The maximum Floor Space Ratio shall be 0.6, that is, the above grade building floor area of any development shall not exceed 0.6 times the lot area. Multiple dwellings may be permitted to exceed 40 units per hectare on an individual site provided the Floor Space Ratio of 0.6 is not exceeded. 4.4.4 Low Density Multiple Residential The intent of the "Low Density Multiple Residential" designation is to recognize those portions of the community that have developed for higher density uses, and to permit the development and integration of multiple residential uses while maintaining the overall Iow rise characteristics of the neighbourhood. Permitted uses are restricted to single detached dwellings, semi-detached dwellings, duplex dwellings, lodging houses, multiple dwellings, small and large residential care facilities, home businesses and private home day care. Opportunities for development are provided to a maximum density of 100 units per hectare. The maximum Floor Space Ratio shall be 1.0, that is, the above grade gross floor area shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted to exceed 100 units per hectare provided the Floor Space Ratio of 1.0 is not exceeded. 4.4.5 Medium Density Multiple Residential The intent of the "Medium Density Multiple Residential" designation is to permit multiple unit residential development at medium densities. Permitted uses are restricted to existing single detached and semi-detached dwellings, duplex dwellings, multiple dwellings, lodging houses, private home day care, home businesses, and small and large residential care facilities. Day care facilities are permitted provided they are on the same lot as a large multiple dwelling. Multiple dwellings are permitted to a maximum of 200 units per hectare. The maximum Floor Space Ratio is 2.0, that is, the above grade gross floor area shall not exceed 2.0 times the lot area. Multiple dwellings may be permitted to exceed 200 units per hectare on an individual lot provided the Floor Space Ratio of 2.0 is not exceeded. 4.4.6 Hi.qh Density Multiple Residential The intent of the "High Density Multiple Residential" designation is to recognize the Acadian Apartments located on lands consisting of Part Lots 1 and 2 of Registered Plan 429, and municipally known as 250 Frederick Street. Permitted uses are restricted to multiple dwellings in excess of 200 units per hectare, home businesses, private home day care and small and large residential care facilities. Day Care Facilities are permitted provided they are on the same lot as a large multiple dwelling. The maximum Floor Space Ratio shall be 4.0, that is, the above grade gross floor area shall not exceed 4.0 times the lot area. 4.4.7 Office-Residential Conversion PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 COUNCIL MINUTES - 706 - DECEMBER 13, 1993 10.(Cont'd) The "Office-Residential Conversion" designation applies to properties fronting onto both sides of Irvin Street between Scott Street and Lancaster Street. The aim of this designation is both to preserve the existing structures in this area and to serve as a transition area between the higher intensity uses along Frederick Street and the "Low Density Conservation" designation along the remainder of the street. Permitted uses are restricted to single detached dwellings, semi-detached dwellings, duplex dwellings, multiple dwellings up to a maximum of three units and lodging houses and offices including health offices, home occupations, private home day care, and small residential care facilities. Residential and office uses may be permitted to locate within the same building. 4.4.8 Low Density Commercial-Residential The intent of the "Low Density Commercial-Residential" designation is to provide for a range of residential and office uses which respects: the role of the Downtown as the commercial centre of Kitchener; the traffic operational constraints of Frederick Street; and the scale, and use of the adjacent Iow rise, Iow density residential area. The "Low Density Commercial- Residential" designation will encourage the conservation and continuance of the existing character and quality of the area through the long term maintenance and improvement of the existing architecture, and the development of replacement structures that are in keeping with the community's present scale of development. Permitted residential uses are restricted to single detached dwellings, semi-detached dwellings, duplex dwellings, multiple dwellings, lodging houses, small residential care facilities, private home day care and home businesses. Permitted commercial uses include offices, office support services, a limited amount of personal services, health offices, studios, tourist homes, religious institutions, and educational establishments. Land uses may be segregated in separated buildings or integrated in mixed use buildings. Personal services must be internal to a large residential, office or mixed use building. Opportunities for residential development are provided to a maximum of 100 units per hectare. The maximum Floor Space Ratio for commercial uses in any new structure shall not exceed 0.33 times the lot area. The maximum Floor Space Ratio for all uses in any new structure shall be 1.33 times the lot area. Multiple dwellings may exceed 100 units per hectare provided the Floor Space Ratio of 1.33 is not exceeded. To encourage stability and promote a level of confidence in both commercial and residential landowners, development is permitted providing that all new building heights do not exceed 12.2 metres. Vehicular access for conversions and new developments shall be from Frederick Street, and mutual driveways are encouraged in order that the number of driveway access points on Frederick Street (a Regional Primary Road) can be minimized. Those developments situated on corner lots will be allowed to gain access from the side street where: a)due to the nature of adjacent development vehicular access to Frederick Street is not available, and b) the side street vehicular access is intended to serve only the corner lot development. 4.4.9 Medium Density Commercial-Residential The intent of the "Medium Density Commercial Residential" is to allow for medium density residential, office and institutional redevelopment. To complement MacKenzie King Square and the Prudential Building, it is an objective of this Plan to encourage a high level of quality in architectural and landscape design in PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 10.(Cont'd) COUNCIL MINUTES - 707 - DECEMBER 13, 1993 all redevelopment projects. It is recognized that for land designated "Medium Density Commercial- Residential", superior design can be achieved if sufficient flexibility is maintained in building height and form. Permitted residential uses are restricted to existing single detached and semi-detached dwellings, duplex dwellings, lodging houses, private home day care, home businesses, small and large residential care facilities, and multiple dwellings. Residential development is restricted to a maximum of 200 units per hectare. Permitted commercial uses are restricted to offices, office support services, funeral homes, financial establishments, health offices, health clinics, day care facilities, medical laboratories, restaurants, educational establishments, religious institutions, tourist homes and studios, a limited amount of personal services and small convenience retail. Land uses may be segregated in separate buildings or integrated in mixed use developments. Personal services and convenience retail must be internal to a large residential, office or mixed used building. Residential development will be restricted to a maximum of 200 units per hectare. The maximum Floor Space Ratio shall be 2.33, that is, the above grade gross floor area shall not exceed 2.33 times the lot area. Multiple dwellings may be permitted to exceed 200 units per hectare provided the Floor Space Ratio of 2.33 is not exceeded. 4.4.10 Hi.qh Density Commercial-Residential It is the intent of the "High Density Commercial-Residential" designation to allow redevelopment for multiple dwellings and limited commercial use at high densities. To complement MacKenzie King Square and the Prudential Building it is an objective of this Plan to encourage a high level of quality in architectural and landscape design in all redevelopment projects. It is recognized that for lands designated "High Density Commercial-Residential", superior design can be achieved if sufficient flexibility is maintained in building height and form. Permitted residential uses are restricted to multiple dwellings in excess of 200 units per hectares, private home day care, home businesses, small and large residential care facilities, and lodging houses. Permitted commercial uses are restricted to offices, office support services, restaurants, medical laboratories, funeral homes, financial establishments, day care facilities, health offices, health clinics, parking facility, club facilities, tourist homes, studios, religious institutions, educational establishments, a limited amount of personal services and convenience retail. Land uses may be segregated in separate buildings or integrated in a mixed use development. Personal services and convenience retail must be internal to a large residential, office or mixed use building. The maximum Floor Space Ratio shall be 4.0, that is, the above grade building floor area shall not exceed 4.0 times the lot area. 4.4.11 Convenience Commercial The intent of the "Convenience Commercial" designation is to provide locations for small retail outlets serving the day-to-day, non-comparison shopping and service needs of the neighbourhood. Permitted uses shall include convenience retail, financial establishment, personal service, gas bar, medical office, restaurant, and dwelling unit. Health office and restaurant use shall only be permitted in plazas in combination with other permitted commercial uses. 4.4.12 Nei.qhbourhood Commercial The intent of the "Neighbourhood Commercial" designation is to facilitate a grouping of commercial and office uses. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 10.(Cont'd) COUNCIL MINUTES - 708 - DECEMBER 13, 1993 Permitted uses include offices, small retail, health offices and health clinics, services catering to personal or household needs, restaurants, automobile service station, financial establishment, studio, car wash, and day care facilities. The requirement for a Retail Impact Study, in accordance with Policy IV.5.vi of the Official Plan is waived, given that the commercial uses presently exist, and no expansion of said facilities is involved. 4.4.13 Community Commercial The intent of the "Community Commercial" designation is to provide for a group of commercial establishments planned and developed as a unit including those lands east of Edna Street. The minimum gross leasable retail commercial space shall not be less than 13,500 square metres (150,000 square feet), and not more than 37,160 square metres (400,000 square feet). Gross leasable retail commercial space is defined as specified for a Regional Shopping Centre. The principal use of land within this designation is commerce. Commerce is defined as the buying, selling or provision of goods and services. The primary permitted uses are retail, wholesale, office, entertainment, and those services catering to personal and household needs. Complementary uses may be permitted provided they do not restrict the development of the primary intended uses. These may include vehicular parking facilities, and automobile service stations, parks, open space, educational establishments, health offices, health clinics, religious institutions, recreation and cultural facilities, repair services which are not obnoxious by reason of noise, vibration, odour or smoke and which do not require outside storage. 4.4.14 Service Commercial Service Commercial is a land use category for a broad range of commercial and industrial business uses, each of which has the following basic characteristics: a) they provide a specialized product or service to persons coming specifically to the premises to do business and, therefore, should not be required to locate in the City's pedestrian- oriented retail shopping areas such as the Downtown and Regional, Community or Neighbourhood Shopping Centres; b) they rely on business from and exposure to the travelling public, require a location readily accessible to a well-populated market area and, therefore, should be located on a Primary or Secondary Arterial Road, provided suitable access is available in keeping with Regional Policy and Procedures for Access onto Regional Roads, and should not generally be required to locate within an industrial area; and Possible uses within a Service Commercial area would include, but are not limited to those oriented to the travelling general public, such as motels, hotels, restaurants, automobile service stations, vehicle and recreational equipment sales/rental and service and commercial recreation. Service Commercial areas are, however, not intended to provide locations for those retail and office uses normally found in the Downtown or Regional, Community and Neighbourhood Shopping Centres. Service Commercial areas should not directly compete with Regional, Community or Neighbourhood Shopping Centres. However, convenience commercial facilities may be permitted within Service Commercial areas. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 10.(Cont'd) Other types of sales outlets will be permitted where, because of their function or space requirements, they COUNCIL MINUTES - 709 - DECEMBER 13, 1993 fulfil at least one of the following: they form part of a firm or business that has the majority of its floor area fulfilling a warehouse, storage or distribution function to other than the ultimate consumer; ii) they form part of a firm or business that has a portion of its operation related to the servicing of motor vehicles; and iii) they require large enclosed or open space areas not normally available in shopping centres. Office uses will only be permitted in the Service Commercial category where they are accessory to a Service Commercial land use, or are contained within a building used primarily for service commercial purposes. Business such as surveying, planning, engineering or design, as well as health offices and health clinics may locate in freestanding buildings. Commercial entertainment, such as theatres and amusement arcades, will only be permitted in the Service Commercial category where it is an accessory use within hotels, motels and restaurants, or as part of a planned commercial recreation complex such as an amusement park. The Service Commercial land use category also permits industrial business uses. The industrial businesses permitted within the Service Commercial designation are restricted to those firms which do not engage in on-site manufacturing or processing. Craftsman shops used for the creation, finishing, refinishing or similar production of custom or handmade commodities are, however, permitted. Permitted complementary uses may include non-residential institutional uses. 4.4.15 Nei.qhbourhood Institutional The Neighbourhood Institutional designation makes provision for and recognizes the existence of small, neighbourhood-oriented institutions such as schools, churches, and community services. Uses permitted within the Neighbourhood Institutional designation are restricted to single detached dwellings, duplex dwellings, and semi-detached dwellings, home businesses, private home day care, day care facilities, educational establishments, religious institutions, and small residential care facilities. In addition, day care facilities are a permitted use provided that if they are not located on a major road, they are located within an educational establishment or a religious institution. 4.4.16 Community Institutional The Community Institutional land use category makes provision for, and recognizes the existence of community institutional uses such as elementary schools, churches and community services. It also makes provision for a range of quasi-institutional and residential uses which are complementary to the community institutional uses and/or represent viable redevelopment options for affected sites in terms of the use existing facilities and effects on the surrounding community. Uses permitted within the Community Institutional Category are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, educational establishments, religious institutions, small and large residential care facilities, health offices, health clinics, veterinary services, social service establishments, artisans establishments, day care facilities, private home day care and home businesses. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 10.(Cont'd) Convenience retail, financial establishment and personal service uses shall be permitted provided that they are located within a building used for a health clinic, multiple dwelling or large residential care facility. COUNCIL MINUTES - 710 - DECEMBER 13, 1993 Lands designated Community Institutional shall be located along Primary or Secondary Arterial or Collector roads as identified on Schedule "A" of this Plan. The residential component of any development shall not exceed 100 units per hectare. The maximum Floor Space Ratio shall be 1.0, that is, the above grade building floor area of any development shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted to exceed 100 units per hectare where the Floor Space Ratio of 1.0 is not exceeded. Existing and planned elementary school sites which are designated and/or zoned Community Institutional shall be affected by a Holding Provision which will be applied by means of the implementing zoning by-law. The Holding Provision shall be applied to all such sites and be applied to the following uses: a health office, a health clinic; a veterinary service, a multiple dwelling, a social service establishment, a street townhouse dwelling or a large residential care facility. Removal of the Holding Provision shall be conditional upon the requirement that the City Clerk is in receipt of a letter from the Ministry of Education giving its final approval to the school closing and upon the approval of a site plan by the City Council which addresses the relationship of the proposed development to immediately surrounding properties in terms of such matters as siting of buildings, buffering, screening, pedestrian and vehicular access, outdoor lighting and site grading. The application of the Community Institutional category to existing elementary school sites in no way guarantees that such sites will continue to be used for such purposes. Rather, the category identifies uses which, at the time of the approval of the secondary plan, are felt to be appropriate for such sites. The decision to retain, expand or close existing elementary school sites is the responsibility of the two local school boards, not the City of Kitchener. The Community Institutional category has been applied to the A.R. Goudie Eventide Home located at 369 Frederick Street, Suddaby Public School located at 71 Frederick Street, and the vacant property located at the end of Mansion Street adjacent to the Conestoga Parkway. 4.4.17 Nei.qhbourhood Park The intent of the "Neighbourhood Park" designation is to preserve parkland at the neighbourhood scale, and to allow for passive and active open spaces and a variety of recreational activities. 4.5SPECIAL POLICIES 4.5.1 Notwithstanding the Low Density Commercial Residential land use designation, the existing two convenience retail stores at 269 Frederick Street and 234 Frederick Street shall also be permitted. 4.5.2 Notwithstanding the Medium Density Commercial Residential land use designation on those lands fronting on the west side of Lancaster Street, municipally known as 143, 145, 147, 151, 155, 159, 161, and 162 Lancaster Street East, permitted uses are restricted to existing single detached and semi-detached dwellings, duplex dwellings, lodging houses, private home day care, home businesses, small and large residential care facilities, and multiple dwellings to a maximum of 200 units per hectare. Commercial use of these lands is contingent upon those properties being assembled PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 10.(Cont'd) in conjunction with lands having frontage on Frederick Street and redevelopment will be accomplished by a holding zone category being applied to such properties in the Zoning By-law. Where this is achieved, religious institutions and commercial uses are permitted including offices, office support services, personal services, funeral homes, financial establishments, educational establishments, day care facilities, health offices, health clinics, medical laboratories, restaurants, studios, tourist homes, and convenience retail are permitted. COUNCIL MINUTES - 711 - DECEMBER 13, 1993 The holding provisions of the zoning shall be removed so as to allow development to proceed when the following criteria have been met: 1)consolidation or assembly of the property with property having legal frontage and access to King Street West; 2)a site plan pursuant to Section 41 indicating that these lands will be developed in conjunction with lands with frontage on Frederick Street has been approved. 4.5.3 Notwithstanding the High Density Commercial Residential land use designation, on lands within the block bounded by Frederick, Spetz, Scott, and Irvin Streets that do not have legal frontage on Frederick Street (municipally known as 10, 20, 30 Spetz and 100, 102, 104 Scott Streets) permitted uses are restricted to row housing, small and large residential care facilities, and multiple dwellings not exceeding 200 units per hectare. Convenience retail and personal services which are intended to serve the needs of the building's internal resident or employee population are permitted. Existing structures may convert to offices on the condition that sufficient on-site parking can be provided. Commercial uses in new structures are contingent upon these lands being assembled with lands that have frontage on Frederick Street and redevelopment will be accomplished by a holding zone category being applied to such properties in the Zoning By-law. In these cases, offices, personal services, restaurants, religious institutions, medical laboratories, funeral homes, financial establishments, health offices, health clinics, parking facilities, club facilities, and studios would be permitted. The holding provision of the zoning shall be removed so as to allow redevelopment to proceed when the following criteria have been met: 1 )consolidation or assembly of the property with property having frontage and access on Frederick Street; 2)a site plan pursuant to Section 41 indicating that these lands will be developed in conjunction with lands with frontage on Frederick Street has been approved. 4.5.4 Notwithstanding the Convenience Commercial land use designation, on 593 Victoria Street North, a restaurant is not a permitted use, and a limited amount of convenience retail is permitted when operated in conjunction with a gas bar. 4.5.5 Notwithstanding the Convenience Commercial land use designation, convenience commercial uses on 577 Victoria Street North, the service and repair of motor vehicles permitted. In addition, a freestanding health office is permitted. Any change of land use, through redevelopment or conversion shall require an approved Development Agreement. This Agreement shall include an appropriate level of landscaping and privacy fencing along the Indiana Street frontage (excluding the vehicular access areas) and the rear property line. 4.5.6 Notwithstanding the Service Commercial land use designation, on the lands bounded by Victoria Street, Lancaster Street, C.N.R. Mainline, and the Conestoga Expressway, manufacturing, except for manufacturing of non-metallic mineral products; processing, packing or canning of feed; meat, poultry or fish products; PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 10.(Cont'd) processing or refining of petroleum or coal; primary production of chemicals, rubber or plastics; smelting, refining, rolling, or extruding of ore or metal; and tanning or processing of pelts or leather, shall be permitted. 4.5.7 Notwithstanding the Service Commercial land use designation on 36, 42, and 46 Edna Streets, redevelopment and/or the conversion of existing structures for Service Commercial uses will be accomplished by a holding zone category being applied in the Zoning By-law. The holding provisions of the zoning shall be removed so as to allow redevelopment and/or conversion to proceed when a site plan setting out only one point of access for the said three properties, and any additional matters required pursuant to Section 41 of The Planning Act has been COUNCIL MINUTES - 712 - DECEMBER 13, 1993 approved. 4.5.8 Notwithstanding the Low Density Commercial Residential land use designation, on those lands situated on the south side of Frederick Street, between Lancaster Street and Samuel Street, additional height will be permitted (above 12.2 metres) for portions of buildings situated closer to the Frederick/Lancaster intersection in exchange for the balance of building design being complementary to the scale of the adjacent residential area. COUNCIL MINUTES - 713 - DECEMBER 13, 1993 4.5.9 Notwithstanding the Low Density Conservation land use designation, on those lands situated at the northwesterly intersection of Dumfries Avenue and Chapel Street, a health office shall be permitted within the existing building. SECTION 5 - IMPLEMENTATION AND INTERPRETATION The provisions of the Official Plan for the City of Kitchener regarding the implementation and interpretation of that Plan shall apply to this Amendment. It is the opinion of this Committee that the approval of this Amendment is proper planning for the City. 11.That City Council approve Official Plan Amendment 92/17 (Victoria Park Neighbourhood Secondary Plan - 5 Year Review) as outlined: SECTION 4 - THE AMENDMENT That the Victoria Park Secondary Plan as approved by the Regional Municipality of Waterloo on July 14, 1988 and as further revised by City Council on March 9, 1992, be rescinded and the following be adopted immediately subsequent therefor: 4.1 INTRODUCTION The area referred to as the "Victoria Park Neighbourhood" is comprised of a 14 block area including residential areas surrounding Victoria Park situated immediately south of the Downtown. The Victoria Park neighbourhood is bounded by Oak, Joseph, Queen, Highland and Victoria streets. A detailed planning process was carried out for the Victoria Park neighbourhood in the 1980's and culminated in the adoption of a Secondary Plan for the area in 1987. The Secondary Plan seeks to redesignate and refine the existing Official Plan land use designations having regard for the local planning issues for the neighbourhood. In addition to changes in the land use scheme, the Plan also reclassifies the hierarchy of roads in the neighbourhood to more accurately reflect their use, function, and design. COUNCIL MINUTES PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE 714 DECEMBER 13, 1993 DECEMBER 13, 1993 11 .(Cont'd) 4.2GENERAL POLICIES 4.2.1 Approval under Section 41 of the Planning Act shall be required for any development which includes redevelopment or conversions considered development under the Planning Act. It is intended that development should be of a siting and design which will be compatible with the existing development and particularly the single detached dwellings in the interior of the neighbourhood. 4.2.2 The policies of this Plan will be implemented through application of the comprehensive Zoning By- law. Maintenance of existing structures will be encouraged through the Property Standard By-law. 4.2.3 Sections I through IV and Section VI of the Official Plan of the City of Kitchener continue to apply to the Victoria Park Neighbourhood except where specifically cited within the text of this Amendment. 4.2.4 Schedule "A" entitled "Plan for Land Use", and Schedule "B" entitled "Floodplain and Environmental Areas" attached shall form part of the Victoria Park Secondary Plan. 4.2.5 Settlement Pattern Policy Area B of the Regional Official Policies Plan as it applies to the Victoria Park neighbourhood constitutes those areas which have been designated Medium Density Multiple Residential, Service Commercial and High Density Commercial Residential and are contained within the boundary as shown on Schedule "A". 4.2.6 It is recognized that, in many instances, the land use designations shown on Schedule "A" are not coincident with rear property lines. The severance of rear and flanking property assemblies for integrated redevelopment schemes will be permitted provided that the remnant or remaining parcel continues to be in conformity with the policies of the Plan and the implementing Zoning By-law. 4.2.7 All new multiple residential development and institutional development having a residential component adjacent to a rail line shall be required to maintain a minimum setback from the property line of said railway and provide a berm as required by the implementing Zoning By-law. 4.3 TRANSPORTATION POLICIES 4.3.1 Suitable measures based on the Ministry of the Environment and Energy standards for the mitigation of noise will be provided to the satisfaction of the Region, CP and CN Rail where applicable for new residential development and places of assembly abutting railway rights-of-way. 4.4 FLOOD PLAIN POLICIES 4.4.1 The flood plain of the portions of Schneider Creek within the Victoria Park neighbourhood are designated as Two-Zone Flood Plain Policy areas by the City of Kitchener and the Grand River Conservation Authority. For detailed flood plain planning policies, reference shall be had to Section IV. 12 of the Official Plan, "Flood Plain Policies". 4.4.2 Underground parking facilities will be permitted within the flood fringe in the Low Density Multiple Residential, Medium Density Multiple Residential and Service Commercial land use designations provided that such underground parking facility is floodproofed to the Regulatory Flood elevation and safe access is maintained during times of severe flooding. COUNCIL MINUTES PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE 715 - DECEMBER 13, 1993 DECEMBER 13, 1993 11 .(Cont'd) 4.5 LAND USE DESIGNATIONS 4.5.1 Low Density Conservation The "Low Density Conservation" designation has been applied to areas where it is the aim of the Plan to retain the existing Iow rise, Iow density residential character of the Neighbourhood. Preservation of the built scale of development shall be encouraged through the retention of the existing housing stock, subdivision of the existing housing stock to create multiple unit dwellings, and the creation of new housing through redevelopment at no greater than that existing scale and intensity of development occurring at the date of approval of this Amendment. Generally, the average built density of the Low Density Conservation area is approximately 14 units per acre or 35 units per hectare. Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings to a maximum of three units, small lodging houses, small residential care facilities, home businesses and private home day care. 4.5.2 Low Rise Multiple Residential The intent of the "Low Rise Multiple Residential" designation is to provide for a range of housing opportunities while retaining and enhancing the Iow profile of the residential streetscape. Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, lodging houses, small residential care facilities, home businesses, and private home day care. Opportunities for development are provided to a maximum density of 40 units per hectare. The maximum Floor Space Ratio shall be 0.6, that is, the above grade building floor area of any development shall not exceed 0.6 times the lot area. Multiple dwellings may be permitted to exceed 40 units per hectare on an individual site provided the Floor Space Ratio of 0.6 is not exceeded. 4.5.3 Low Density Multiple Residential The intent of the "Low Density Multiple Residential" designation is to permit the development and integration of higher density multiple residential uses while maintaining the overall Iow rise characteristics of the neighbourhood. Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, lodging houses, small and large residential care facilities, home businesses, and private home day care. Opportunities for development are provided to a maximum density of 100 units per hectare. The maximum Floor Space Ratio shall be 1.0, that is, the above grade building floor area shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted to exceed 100 units per hectare on an individual site provided the Floor Space Ratio of 1.0 is not exceeded. 4.5.4 Medium Density Multiple Residential The intent of the "Medium Density Multiple Residential" designation is to encourage new development at densities which provide an appropriate transition between Iow densities found in the heart of residential neighbourhoods and higher density redevelopment sites at the periphery of the neighbourhood. Permitted uses are restricted to existing single detached and semi-detached dwelling, duplex dwellings, multiple dwellings, lodging houses, small and large residential care facilities, home businesses and private home day care. Day Care Facilities are permitted provided they are located on the same lot as a large multiple dwelling. Opportunities for development are provided to a maximum density of 200 units per hectare. The Maximum Floor Space Ratio shall be 2.0, that is, the above grade building floor PLANNING AND ECONOMIC DECEMBER 13, 1993 COUNCIL MINUTES DEVELOPMENT COMMITTEE - 716 - DECEMBER 13, 1993 11 .(Cont'd) area of any development shall not exceed 2.0 times the lot area. Multiple dwellings may be permitted to exceed 200 units per hectare provided the Floor Space Ratio of 2.0 is not exceeded. 4.5.4 Hi,qh Density Multiple Residential The "High Density Multiple Residential" designation is intended to encourage new development at very high densities and allows for a range of support services such as personal services and convenience retail. Permitted residential uses shall be restricted to multiple residential dwellings and lodging houses. Additional uses permitted within the designation may include day care facilities provided they are on the same lot as a large multiple dwelling, a limited amount of personal services and small convenience retail provided they are internal to a large multiple dwelling, offices provided they are internal to a large multiple dwelling and located at grade level, private home day care, small and large residential care facilities, and home businesses. This designation permits residential development densities in excess of 200 units per hectare. The maximum Floor Space Ratio shall be 4.0, that is, the above grade building floor area shall not exceed 4.0 times the lot area. 4.5.5 Low Density Commercial Residential The "Low Density Commercial Residential" designation recognizes the existing scale of mixed commercial residential development and allows for Iow density redevelopment to office, institutional, and multiple residential uses. This designation is intended to provide a buffer between Queen Street South and Victoria Street South and the "Low Density Conservation" areas on the adjacent local streets. Permitted residential uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, lodging houses, home businesses, private home day care, small and large residential care facilities, and multiple dwellings. Commercial uses are restricted to offices, office support services, health offices, health clinics, commercial parking lots, club facilities, day care facilities, funeral homes, financial establishments, religious institutions, educational establishments, medical laboratories, studios, tourist homes, a limited amount of personal services and small convenience retail. Land uses may be segregated in separate buildings or integrated in mixed used developments. Personal services and convenience retail must be internal to a large residential, office or mixed use building. Residential development will be restricted to a maximum of 100 units per hectare on an individual lot. The maximum Floor Space Ratio shall be 1.0, that is, the above grade building floor area shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted to exceed 100 units per hectare on an individual lot provided the maximum Floor Space Ratio of 1.0 is not exceeded. In all cases, redevelopment within this designation shall obtain access from Queen Street South or Victoria Street South. 4.5.6 Medium Density Commercial Residential The "Medium Density Commercial Residential" designation allows for medium density redevelopment to office, institutional and multiple residential. Residential uses are restricted to existing single detached and semi-detached dwellings, duplex dwellings, multiple dwellings, lodging houses, small and large residential care facilities, home businesses and private home day care. Commercial uses are restricted to offices, office support services, health offices, health clinics, commercial parking lots, club facilities, day care facilities, funeral homes, financial establishments, religious PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 COUNCIL MINUTES - 717 - DECEMBER 13, 1993 11 .(Cont'd) institutions, educational establishments, medical laboratories, studios, tourist homes, a limited amount of personal services and small convenience retail. Land uses may be segregated in separated buildings or integrated in mixed used developments. Personal services and convenience retail must be internal to a large residential, office or mixed use building. Residential development will be restricted to a maximum of 200 units per hectare on an individual lot. The maximum Floor Space Ratio shall be 2.0, that is, the above grade building floor area may not exceed 2.0 times the lot area. Multiple dwellings may be permitted to exceed 200 units per hectare on an individual lot provided the maximum Floor Space Ratio of 2.0 is not exceeded. 4.5.7 Hi,qh Density Commercial Residential The "High Density Commercial Residential" designation allows for high density redevelopment to office, multiple residential, institutional and limited commercial uses. Permitted land uses include multiple dwellings which may exceed 200 units per hectare, small and large residential care facilities, lodging houses, private home day care, and home businesses. Commercial uses are restricted to offices, office support services, health offices, health clinics, commercial parking lots, club facilities, religious institutions, education establishments, medical laboratories, funeral homes, financial establishments, day care facilities, studios, tourist homes, a limited amount of personal services and small convenience retail uses. Land uses may be segregated in separate buildings or integrated into a mixed use development. Personal services and small convenience retail uses must be internal to a large residential, office, or mixed commercial residential development. The maximum Floor Space Ratio shall be 4.0, that is, the above grade building floor area shall not exceed 4.0 times the lot area. 4.5.8 Convenience Commercial The Convenience Commercial designation shall provide locations for retail outlets serving the day to day, non-comparison shopping needs of the neighbourhood. Permitted uses shall include small convenience retail, dwelling unit, financial establishment, gas bar, health office, personal services and restaurant. Health offices and restaurants shall only be permitted in plazas in combination with other permitted commercial uses. 4.5.9 Nei.qhbourhood Commercial The intent of the "Neighbourhood Commercial" designation is to provide locations for a variety of commercial uses which serve the needs of the consumer at the neighbourhood level. It is further intended that these facilities will provide a complementary role to the larger commercial establishments located in the City of Kitchener. Neighbourhood Commercial shall be defined as a group of commercial establishments planned and developed as a unit, with a minimum gross leasable retail commercial space of not less than 1,000 square metres, and a maximum of not more than 13,500 square metres, with the maximum gross leasable retail commercial floor space of any singular commercial outlet or establishment not exceeding 4,550 square metres. Permitted uses include offices, including health offices and health clinics, retail, services catering to personal or household needs, restaurants, automobile service stations, repair services, financial establishments, studio, veterinary services, day care facilities and car washes. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 11 .(Cont'd) COUNCIL MINUTES - 718 - DECEMBER 13, 1993 4.5.10 Service Commercial Service Commercial is a land use category for a broad range of commercial and industrial business uses, each of which has the following basic characteristics: a)they provide a specialized product or service to persons coming specifically to the premises to do business and, therefore, are not required to locate in the City's pedestrian-oriented retail shopping areas such as the Downtown and Regional, Community or Neighbourhood Shopping Centres; b)they rely on business from and exposure to the travelling public, require a location readily accessible to a well-populated market area and, therefore, should be located on a Primary or Secondary Arterial Road, provided suitable access is available in keeping with Regional Policy and Procedures for Access onto Regional Roads, and should not generally be required to locate within an industrial area; and Possible uses within a Service Commercial area would include, but are not limited to, those oriented to the travelling general public, such as motels, hotels, restaurants, automobile service stations, vehicle and recreational equipment sales/rental and service and commercial recreation. Service Commercial areas are, however, not intended to provide locations for those retail and office uses normally found in the Downtown or Regional, Community and Neighbourhood Shopping Centre areas. Service Commercial areas should not directly compete with Regional, Community or Neighbourhood Shopping Centres. However, convenience commercial facilities may be permitted within Service Commercial areas. Other types of sales outlets shall be permitted where, because of their function or space requirements, they fulfil at least one of the following: i) they form part of a firm or business that has the majority of its floor area fulfilling a warehouse, storage or distribution function to other than the ultimate consumer; ii) they form part of a firm or business that has a portion of its operation related to the servicing of motor vehicles; and iii) they require large enclosed or open space areas not normally available in shopping centres. Office uses shall only be permitted in the Service Commercial category where they are accessory to a Service Commercial land use, or are contained within a building used primarily for service commercial purposes. Businesses such as surveying, planning, engineering or design, as well as health offices and health clinics may locate in freestanding buildings. Commercial entertainment shall only be permitted in the Service Commercial category where it is an accessory use within hotels, motels and restaurants, or as part of a planned commercial recreation complex such as an amusement park. The Service Commercial land use category also permits industrial business uses. The industrial businesses permitted within the Service Commercial designation are restricted to those firms which do not engage in on-site manufacturing or processing. Craftsman shops used for the creation, finishing, refinishing or similar production of custom or handmade commodities are, however, permitted. Permitted complementary uses may include non-residential institutional. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 11 .(Cont'd) 4.5.11 Nei.qhbourhood Institutional The "Neighbourhood Institutional" designation makes provision for and recognizes the existence of small, COUNCIL MINUTES - 719 - DECEMBER 13, 1993 neighbourhood-oriented institutions such as schools, churches, and community services. Uses permitted within the Neighbourhood Institutional designation are restricted to single detached dwellings, duplex dwellings, and semi-detached dwellings, home businesses, private home day care, educational establishments, religious institutions and small residential care facilities. In addition, day care facilities are a permitted use provided that if they are not located on a major road they are located within an educational establishment or a religious institution. 4.5.12 Open Space The Open Space category is intended to reserve land for a variety of reasons such as for preservation of natural features, outdoor recreation, lands considered undevelopable for reasons of flooding or instability, and land parcels made available through public works, water courses and railway right-of-ways. Uses include major community scale parks, conservation areas, hazard lands, cemeteries, crematoriums, mausoleums, outdoor recreation and golf courses. In addition to hazard lands described above, the Open Space designation shall apply to those lands located within the floodway portion of the flood plain in areas identified as being Two- Zone Policy Areas on Map 2' "Flood Plain and Environmental Areas". In Open Space areas also designated as Two-Zone Policy Areas, the intent of the Open Space designation is to recognize the danger associated with the floodway portion of the flood plain through prohibition of new urban development while recognizing the presence of existing urban development in the floodway. Existing development will be zoned to permit all legally existing uses and will be subject to the "Fill, Construction and Alteration to Waterways" regulation administered by the Grand River Conservation Authority. Alternative uses may be permitted provided that the subsequent use is within the same general class of land use, no new dwelling units are created, the use presents less of a risk to life and property in the event of flooding, the new use is not specifically prohibited by Policy IV. 12.iii), and approval is received from the Grand River Conservation Authority. 4.6SPECIAL POLICIES 4.6.1 Notwithstanding the Low Density Conservation land use designation, an office at 520 Queen Street shall be permitted. 4.6.2 Notwithstanding the Low Density Conservation land use designation, on 640 Queen Street South, convenience retail shall be permitted. 4.6.3 Notwithstanding the Low Density Conservation land use designation, a Large Residential Care Facility with accessory educations facilities at 19 Schneider Avenue, shall be permitted. 4.6.4 Notwithstanding the Medium Density Multiple Residential land use designation, a service station on 55 and 69 Joseph Street, shall be permitted. 4.6.5 Notwithstanding the High Density Commercial Residential land use designation, on 254 Queen Street South, retail shall also be permitted up to a maximum leasable floor area of 225.0 square metres for any individual outlet or establishment. 4.6.6 Notwithstanding the High Density Commercial Residential land use designation the redevelopment of lands to a depth of 30 metres from the David Street streetline between Courtland Avenue and a depth of 75 metres from the Joseph Street streetline shall be limited in height to four storeys. Commercial uses shall be PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 11 .(Cont'd) permitted only on the easterly half of the block bounded by Joseph Street, Queen Street South, Courtland Avenue and David Street. 4.6.7 Notwithstanding the High Density Commercial Residential land use designation, on the lands located at the intersection of Queen Street South and the Grand River Railway (described COUNCIL MINUTES - 720 - DECEMBER 13, 1993 as Part Lot 73, Subdivision of Lot 17, German Company Tract), small retail uses, a restaurant, convenience commercial and personal services shall be permitted within the existing structures. COUNCIL MINUTES - 721 - DECEMBER 13, 1993 4.6.8 Notwithstanding the Neighbourhood Institutional land use designation, large residential care facilities and medium density multiple residential uses to a maximum of 200 units per hectare shall be permitted on the south side of Michael Street between Victoria Street South and Linden Street. The maximum Floor Space Ratio shall be 2.0, that is the above grade building floor area shall not exceed 2.0 times the lot area. 4.6.9 Notwithstanding the Neighbourhood Institutional land use designation, in order to recognize the historical development of the shoe and apparel manufacturing uses which have occupied the factory building at 5 Michael Street, its importance as an employer, and to encourage the retention of its use, manufacturing of shoes and apparel shall be recognized as a permitted use within the easterly half of the lands located on the south side of Michael Street between Victoria Street and Linden Avenue. 4.6.10 Notwithstanding the Low Density Commercial Residential land use designation, the wholesale and retail of hardware on 199 Victoria Street South, shall be permitted. 4.6.11 Notwithstanding the Low Density Multiple Residential land use designation, no buildings greater than 3 storeys in height shall be located within 30 metres of the rear property lines of those properties fronting on Henry Street. 4.6.12 Notwithstanding the Neighbourhood Commercial land use designation, on 96 -100 Highland Road West, automobile service station shall not be a permitted use. 4.6.13 Notwithstanding the Medium Density Multiple Residential land use designation, on those lands municipally known as 55 and 69 Joseph Street, permitted uses are restricted to a service station and residential uses within existing buildings. Redevelopment of these properties will be accomplished by a holding zoning category being applied in the Zoning By-law. The holding provision shall be removed so as to allow development to proceed only when the following criteria have been met: 1 )consolidation or assembly of the two properties. 2) a site plan pursuant to Section 41 has been approved. 4.6.14 Notwithstanding the Medium Density Commercial Residential land use designation on the 384-402 Queen Street South, a Floor Space Ratio of 3.0 shall be permitted. SECTION 5 - IMPLEMENTATION AND INTERPRETATION The provision of the Official Plan of the City of Kitchener regarding the implementation and interpretation of that Plan shall apply to this Amendment. In the event that an undertaking subject to The Environmental Assessment Act is to be carried out in connection with the Victoria Park Neighbourhood, the necessary approval shall be obtained under the Environmental Assessment Act prior to proceeding with the undertaking. And Further that Schedule "A", Plan for Land Use be replaced with Schedule "A" dated December 1993. It is the opinion of this Committee that the approval of this Amendment is proper planning for the City. (AS AMENDED) COUNCIL MINUTES - 722 - DECEMBER 13, 1993 COUNCIL MINUTES PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE 723 - DECEMBER 13, 1993 DECEMBER 13, 1993 12.That City Council approve Official Plan Amendment 92/18 (K-W Hospital Neighbourhood Secondary Plan - 5 Year Review) as outlined: SECTION 4 - THE AMENDMENT That the K-W Hospital Secondary Plan as approved by the Regional Municipality of Waterloo on July 16, 1987, as amended be rescinded and the following be adopted immediately subsequent therefor: 4.1 INTRODUCTION The area referred to as the "K-W Hospital Neighbourhood" is comprised of a 29 block area bisected by King Street and sandwiched between the Downtown to the east, the City of Waterloo to the west, Mount Hope Cemetery to the north, and the Belmont Shopping area to the south. It is a neighbourhood composed of a wide diversity of land uses within a relatively confined and built-up area. The K-W Hospital neighbourhood is bounded by the Grand River Railway, the City of Waterloo boundary, Moore Street, and an irregular boundary line formed by Breithaupt, King, Walter, Agnes, Dominion, Strange, Elm and Glasgow Streets and the easterly property line of the Ratz-Bechtel Funeral Home. A detailed planning process was carried out for the K-W Hospital neighbourhood in the 1980's and culminated in the adoption of a Secondary Plan for the area in 1987. The Secondary Plan seeks to redesignate and refine the existing Official Plan land use designations having regard for the local planning issues for the neighbourhood. In addition to changes in the land use scheme, the Plan also reclassifies the hierarchy of roads in the neighbourhood to more accurately reflect their use, function, and design. 4.2 GENERAL POLICIES 4.2.1 Approval under Section 41 of The Planning Act shall be required for any development which includes redevelopment or conversion considered development under the Act. It is intended that development should be of a siting and design which will be compatible with the existing development and particularly the single detached dwellings in the interior of the neighbourhood. 4.2.2 The policies of this Plan will be implemented through application of the comprehensive Zoning By- law. Maintenance of existing structures will be encouraged through the Property Standards By-law. 4.2.3 Sections I through IV and Section VI of the Official Plan of the City of Kitchener continue to apply to the K-W Hospital Neighbourhood except where specifically cited within the text of this Amendment. 4.2.4 Schedule "A" entitled "Plan for Land Use" attached shall form part of the K-W Hospital Secondary Plan. 4.2.5 Settlement Pattern Policy Area B of the Regional Official Policies Plan as it applies to the K-W Hospital neighbourhood constitutes those areas which have been designated Low Rise Commercial Residential, Medium Density Commercial Residential, High Density Commercial Residential, and Major Institutional as shown on Schedule "A". 4.2.6 It is recognized that, in many instances, the land use designations shown on Schedule "A" are not coincident with rear property lines. The severance of rear and flanking property assemblies for integrated redevelopment schemes will be permitted provided that remnant or remaining parcel continues to be in conformity with the policies of the Plan and the implementing Zoning By-law. 4.3 TRANSPORTATION POLICIES COUNCIL MINUTES - 724 - DECEMBER 13, 1993 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 12.(Cont'd) 4.3.1 Some public roads and lanes may be closed to achieve the objectives of the K-W Hospital Neighbourhood Secondary Plan. These roadways may include Vogt Place, Mutual Drive and Andrew Street through Mount Hope Cemetery. 4.3.2 Suitable measures based on the Ministry of the Environment and Energy standards for the mitigation of noise will be provided to the satisfaction of the Region and CP Rail where applicable for new residential development and places of assembly abutting the CP Rail right-of-way. 4.4 LAND USE DESIGNATIONS 4.4.1 Low Density Conservation The "Low Density Conservation" designation has been applied to areas where it is the aim of the Plan to retain the existing Iow rise, Iow density residential character of the neighbourhood. Preservation of the built scale of development shall be encouraged through the retention of the existing housing stock, subdivision of the existing housing stock to create multiple unit dwellings, and the creation of new housing through redevelopment at no greater than the existing scale and intensity of development occurring at the date of approval of this Amendment. Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings to a maximum of three units, small lodging houses, small residential care facilities, home businesses, and private home day care. Within the Low Density Conservation area there are several locations which have been developed with Iow rise multiple dwellings which exceed the density limitations of this designation. Multiple dwellings existing on the date of approval of this Amendment shall be permitted. 4.4.2 Low Rise Multiple Residential The intent of the "Low Rise Multiple Residential" designation is to provide for a range of housing opportunities while retaining and enhancing the Iow profile of the residential streetscape. Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, lodging houses, small residential care facilities, home businesses, and private home day care. Opportunities for development are provided to a maximum density of 40 units per hectare. The maximum Floor Space Ratio shall be 0.6, that is, the above grade building floor area of any development shall not exceed 0.6 times the lot area. Multiple Dwellings may be permitted to exceed 40 units per hectare on an individual site provided the Floor Space Ratio of 0.6 is not exceeded. 4.4.3 Low Density Multiple Residential The intent of the "Low Density Multiple Residential" designation is to permit the development and integration of higher density multiple residential uses while maintaining the overall Iow rise characteristics of the neighbourhood. Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, lodging houses, small and large residential care facilities, home businesses, and private home day care. Opportunities for development are provided to a maximum density of 100 units per hectare. The maximum Floor Space Ratio shall be 1.0, that is, the above grade building floor area of any development shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted to exceed 100 units per hectare on an individual site provided the Floor Space Ratio of 1.0 is not exceeded. COUNCIL MINUTES PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE 725 - DECEMBER 13, 1993 DECEMBER 13, 1993 12.(Cont'd) 4.4.4 Hi,qh Density Multiple Residential The "High Density Multiple Residential" is intended to encourage new development at very high densities and allows for a range of support services such as personal services and convenience retail. Permitted residential uses shall be restricted to multiple residential dwellings and lodging houses. Additional uses permitted within the designation may include; day care facilities provided they are on the same lot as a large multiple dwelling, a limited amount of personal services and small convenience retail provided they are internal to a large multiple dwelling, offices provided they are internal to a large multiple dwelling and located at grade level, private home day care, small and large residential care facilities, and home businesses. This designation permits residential development densities in excess of 200 units per hectare. The maximum Floor Space Ratio shall be 4.0, that is, the above grade building floor area shall not exceed 4.0 times the lot area. 4.4.5 Low Density Commercial Residential The "Low Density Commercial Residential" designation recognizes the existing scale of mixed commercial residential development and allows for Iow density redevelopment to commercial, institutional, and multiple residential uses. With the K-W Hospital neighbourhood, this designation is intended to provide a buffer between King Street West and the "Low Density Conservation" designations on the adjacent local streets. Permitted residential uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, lodging houses, home businesses, private home day care, and small and large residential care facilities. Commercial uses are restricted to offices, office support services, health offices and health clinics, club facilities, day care facilities, funeral homes, financial establishments, religious institutions, educational establishments, medical laboratories, studios, tourist homes, a limited amount of personal services and small convenience retail. Land uses may be segregated in separate buildings or integrated in a mixed use development. Personal services and convenience retail uses must be internal to a large residential, office or mixed use building. The maximum residential density shall be 100 units per hectare. The maximum Floor Space Ratio shall be 1.0, that is the above grade building floor area shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted to exceed 100 units per hectare on an individual lot provided the maximum Floor Space Ratio of 1.0 is not exceeded. Development within this designation shall be permitted to have access from King Street West. 4.4.6 Medium Density Commercial Residential The "Medium Density Commercial Residential" designation allows for medium density development of offices, institutional, and multiple residential uses. Residential uses are restricted to existing single detached and semi-detached dwellings, duplex dwellings, multiple dwellings, lodging houses, home businesses, private home day care and small and large residential care facilities. Commercial uses are restricted to offices, office support services, health offices, health clinics, club facilities, day care facilities, funeral homes, financial establishments, religious institutions, educational establishments, medical laboratories, studios, tourist homes, a limited amount of personal services and small convenience retail. Land uses may be segregated in separate buildings or integrated in a mixed use development. Personal services and convenience retail must be internal to a large residential, office or mixed use building. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 COUNCIL MINUTES - 726 - DECEMBER 13, 1993 12.(Cont'd) Residential development will be restricted to a maximum of 200 units per hectare on an individual lot. The maximum Floor Space Ratio shall be 2.0, that is, the above grade building floor area may not exceed 2.0 times the lot area. Multiple dwellings may be permitted to exceed 200 units per hectare on an individual lot provided the maximum Floor Space Ratio of 2.0 is not exceeded. 4.4.7 Hi,qh Density Commercial Residential The "High Density Commercial Residential" designation allows for high density development for office, multiple residential, institutional and limited commercial uses. Permitted land uses include multiple dwellings which may exceed 200 units per hectare, lodging houses, small and large residential care facilities, private home day care, and home businesses. Commercial uses are restricted to offices, office support services, health offices, health clinics, club facilities, religious institutions, medical laboratories, funeral homes, financial establishments, educational establishments, day care facilities, studios, tourist homes, a limited amount of personal services, and small convenience retail uses. Land uses may be segregated in separate buildings or integrated into a mixed use development. Personal Services and small convenience retail uses must be internal to a large residential, office or mixed commercial residential development. The maximum Floor Space Ratio shall be 4.0, that is, the above grade building floor area shall not exceed 4.0 times the lot area. 4.4.8 Nei.qhbourhood Institutional The Neighbourhood Institutional designation makes provision for and recognizes the existence of small, neighbourhood-oriented institutions such as schools, churches, and community services. Uses permitted within the Neighbourhood Institutional designation are restricted to single detached dwellings, duplex dwellings, and semi-detached dwellings, home businesses, private home day care, educational establishments, religious institutions and small residential care facilities. In addition, day care facilities are a permitted use provided, if not located on a major road, that they are located within an educational establishment or a religious institution. 4.4.9 Community Institutional The Community Institutional category makes provision for, and recognizes the existence of, community institutional uses such as elementary schools, churches and community services. It also makes provision for a range of quasi-institutional and residential uses which are complementary to the community institutional uses and/or represent viable redevelopment options for affected sites in terms of the use of existing facilities and effects on the surrounding community. Uses permitted within the Community Institutional category are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, educational establishments, religious institutions, small and large residential care facilities, health offices, health clinics, veterinary services, social service establishments, artisans establishments, day care facilities, private home day care and home businesses. Convenience retail, financial establishment and personal service uses shall be permitted provided that they are located within a building used for a health clinic, multiple dwelling or large residential care facility. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 COUNCIL MINUTES - 727 - DECEMBER 13, 1993 12.(Cont'd) Lands designated Community Institutional shall have located along Primary or Secondary Arterial or Collector Roads as identified on Map 3 of this Plan. The maximum Floor Space Ratio shall be 1.0, that is the above grade building floor area of any development shall not exceed 1.0 times the lot area. The residential component of any development may exceed 100 units per hectare provided the maximum Floor Space Ratio of 1.0 is not exceeded. Existing and planned school sites which are designated and/or zoned Community Institutional shall be affected by a Holding Provision which will be applied by means of the implementing zoning by-law. The Holding Provision shall be applied to all such sites and be applied to the following uses: a health office, a health clinic; a veterinary service, a multiple dwelling, a social service establishment, or a large residential care facility. Removal of the Holding Provision shall be conditional upon the requirement that the City Clerk is in receipt of a letter from the Ministry of Education giving final approval to the school closing and upon the approval of a site plan by City Council which addresses the relationship of the proposed development to the immediately surrounding properties in terms of such matters as siting of buildings, buffering, screening, pedestrian and vehicular access, outdoor lighting and site grading. The application of the Community Institutional category to existing elementary school sites in no way guarantees that such sites will continue to be used for such purposes. Rather, the category identifies uses which, at the time of the approval of the secondary plan, are felt to be appropriate for such sites. The decision to retain, expand or close existing elementary school sites is the responsibility of the local school boards, not the City of Kitchener. 4.4.9 Major Institutional Permitted uses within the "Major Institutional" land use category shall be restricted to hospitals, health offices, health clinics, medical laboratories, small and large residential care facilities, educational establishments, religious institutions, museums, day care facilities, community centres, studios, sports and/or recreation facilities, veterinary services, and social service establishments. Convenience retail, financial establishment and personal services uses shall be permitted provided that they are located within a building used for a health clinic, multiple dwelling or large residential care facility. Multiple residential uses developed in association with permitted institutional uses may be permitted to a maximum net residential density of 200 units per hectare. Commercial uses developed in conjunction with, and intended to directly serve permitted institutional uses, may be 3ermitted. 4.4.10 Open Space The Open Space category is intended to reserve land for a variety of reasons such as for preservation of natural features, outdoor recreation, lands considered undevelopable for reasons of flooding or instability, and land parcels made available through public works, water courses and railway rights-of-way. Uses include major community scale parks, conservation areas, hazard lands, cemeteries, crematoriums, mausoleums, outdoor recreation and golf courses. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 12.(Cont'd) COUNCIL MINUTES - 728 - DECEMBER 13, 1993 4.4.11 General Industrial The "General Industrial" designation is generally applicable to older, inner city industrial areas where there exists a broad range of manufacturing and industrial business uses. Certain noxious uses are prohibited to prevent incompatibility with surrounding development. In addition to manufacturing, General Industrial provides for automobile service stations; industrial businesses; repair service; those uses related to the sale, rental, service, storage or repair of motor vehicles or major equipment; technical/scientific businesses; transportation depots; truck transport terminals and warehouse. Industrial businesses are characterized by those industrial operations with a commercial component which require large areas for the storage of goods, such as building material and decorating supply sales, or industrial office supply or industrial service. With the exception of accessory offices and offices of firms involved in surveying, engineering, planning or design, office use is restricted to a small percentage of the total floor area of a building used primarily for industrial purposes. Prohibited uses shall include, but are not limited to beverage distillation; vulcanizing of rubber; manufacturing of asbestos, phosphate or sulphur products; primary production of chemicals, rubber, plastic, asphalt, or cement; processing of refining of petroleum or coal, slaughtering, eviscerating, rendering or cleaning of meat, poultry or fish or by-products thereof; processing, milling or packaging of animal feed; salvage, recycling, or scrap yards; smelting, refining, rolling, forging or extruding of ore or metal; stamping or punch- pressing of metal; tanning or chemical processing of pelts or leather. 4.5SPECIAL POLICIES 4.5.1 Notwithstanding the Low Density Conservation land use designation, lands located on the east side of Pine Street south of Herbert Street may be used as a parking facility for the medical clinic located on the southwest corner of Pine Street and Mary Street. 4.5.2 Notwithstanding the Low Density Conservation land use category, the lands owned by the Waterloo County Board of Education in the block bounded by Walter, Agnes, Gruhn and Glasgow Streets, may be used as a parking facility for King Edward Public School. 4.5.3 Notwithstanding the Low Rise Multiple Residential land use designation on the properties on the north side of Walter Street between King Edward School and Glasgow Street, the two existing commercial driveways and parking on the westerly half of Lot 91, Registered Plan 377 shall be permitted. No new commercial driveways shall be permitted to cross the residentially designated land to provide access or egress to the commercially designated lands to the rear. The long term objective of this Plan is to achieve an interconnected parking facility between King Street West and the residential properties on Walter Street with ingress and egress eventually restricted to one point at the westerly limit of the Low Rise Multiple Residential designation. 4.5.4 Notwithstanding the High Density Multiple Residential land use designation, health clinics shall be permitted. 4.5.5Notwithstanding the Medium Density Commercial Residential land use designation, a neighbourhood shopping centre shall be permitted on the north side of King Street West. The shopping centre shall be limited to an area on both sides of and including Linwood Avenue extending north to a boundary formed by the rear lot lines of the residential development fronting onto Braun Street, and the south side of the westerly projection of Braun Street. The purpose of this policy is to recognize the existing supermarket at the northeast corner of Linwood Avenue and King Street West, and to permit its expansion as a neighbourhood shopping centre. The PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 12.(Cont'd) maximum Floor Space Ratio shall be 2.5 for a mixed use development, that is the above grade building floor area shall not exceed 2.5 times the lot area. COUNCIL MINUTES - 729 - DECEMBER 13, 1993 4.5.6 Notwithstanding the Medium Density Commercial Residential land use designation, a restaurant at 667 King Street West shall be permitted. 4.5.7 Notwithstanding the Medium Density Commercial Residential land use designation on the north side of King Street West between Breithaupt Street and Shanley Street, additional permitted uses shall include restaurants and small convenience retail uses. 4.5.8 Notwithstanding the Medium Density Commercial Residential land use designation, at 624 King Street West, a motor vehicle repair garage shall also be permitted. 4.5.9 Notwithstanding the Neighbourhood Institutional land use designation, the Separate School Board Offices which are a major institutional use serving the entire Region shall be recognized as a permitted use. 4.5.10 Notwithstanding the Medium Density Commercial Residential designation, redevelopment to commercial uses on Shanley, Louisa and Wellington Streets (municipal addressed as 11, 15 Shanley Street; 8, 12, 15, 17, 23 Louisa Street; and 12, 19 Wellington Street)will be accomplished by a holding zone category being applied to such properties in the Zoning By-law. The holding provision of the zoning shall be removed so as to allow redevelopment to proceed when the following criteria have been met: 1)consolidation or assembly of the property with property having legal frontage and access to King Street West; COUNCIL MINUTES - 730 - DECEMBER 13, 1993 2)a site plan setting out the access and buffering requirements of this policy and any additional matters required pursuant to Section 40 of The Planning Act has been approved. Property located at 12 Wellington Street shall be exempt from provisions (1) and (2) above. 4.5.11 Notwithstanding the Community Institutional land use designation, in the case of the properties located on the south side of Park Street between the City of Waterloo boundary and Mount Hope Street, all approved site plans shall require that access be obtained from Park Street, with no driveway access onto York Street. 4.5.12 Notwithstanding the Community Institutional land use designation, medical laboratories shall be a permitted use on all lands located on the south side of Park Street between the City of Waterloo boundary and the property located at the southwest intersection of Strange and Elm Streets. 4.5.13 Notwithstanding the Community Institutional land use designation, on 4, 6, and 10 Gildner Street, development for all uses except single detached dwellings, semi-detached dwelling, and duplex dwellings shall required consolidation or assembly of the subject properties with property having legal frontage and access to Park Street. 4.5.14 Notwithstanding the Medium Density Commercial Residential land use designation, on 617 - 621 King Street West convenience retail may be freestanding. 4.5.15 Notwithstanding the Medium Density Commercial Residential land use designation on 723 - 765 King Street West, personal services, day care facilities and office support services may be located within existing buildings. COUNCIL MINUTES PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE 731 - DECEMBER 13, 1993 DECEMBER 13, 1993 12.(Cont'd) SECTION 5 - IMPLEMENTATION AND INTERPRETATION The provision of the Official Plan of the City of Kitchener regarding the implementation and interpretation of that Plan shall apply to this Amendment. In the event that an undertaking subject to The Environmental Assessment Act is to be carried out in connection with the K-W Hospital Neighbourhood, the necessary approval shall be obtained from the Environmental Assessment Act prior to proceeding with the undertaking. It is the opinion of this Committee that the approval of this Amendment is proper planning for the City. 13.That City Council approve Official Plan Amendment 92/23 (Victoria Street Secondary Plan - Stage 6 Amendment) as outlined: SECTION 4 - THE AMENDMENT That the Victoria Street Secondary Plan as approved by the Regional Municipality of Waterloo on November 26, 1992 be rescinded and the following be adopted immediately subsequent therefore: 4.1 INTRODUCTION The Victoria Street Secondary Plan Area is located to the south-west of Victoria Park, containing a mixture of industrial, office/commercial, and residential uses. More specifically, the study area is bounded by Victoria Street South, West Avenue, the rear of the of Kitchener-Wilmot Hydro property, Patricia Avenue, Cherry Street, Westmount Greenway, the westerly property lines of those lots described as 19 and 20 Strange Street, the rear of properties fronting Strange Street, the rear of properties fronting Victoria Street, Walnut Street, the rear of properties fronting Cherry Street and Park Street. A detailed planning process was carried out for the Victoria Street neighbourhood in the late 1980's which culminated in the adoption of a Secondary Plan for the area. The Secondary Plan seeks to redesignate and refine the existing Official Plan land use designations have regard for the local planning issues for the neighbourhood. In addition to changes in the land use scheme, the Plan also reclassifies the hierarchy of roads in the neighbourhood to more accurately reflect their use, function, and design. 4.2GENERAL POLICIES 4.2.1 Approval under Section 41 of the Planning Act shall be required for any building or conversion which constitutes development under the Act. It is intended that development should be of a siting and design which will be compatible with the existing development and particularly the single detached dwellings in the interior of the neighbourhood. 4.2.2 The policies of this Plan will be implemented through application of the comprehensive Zoning By- law. Maintenance of existing structures will be encouraged through the Property Stan- dards By-law. 4.2.3 The severance of rear and flanking property assemblies for integrated redevelopment schemes will be permitted provided that the remnant or remaining parcel continues to be in conformity with the policies of the Plan and the implementing Zoning By-law. 4.2.4 Sections I through IV and Section VI of the Official Plan of the City of Kitchener shall continue to apply to the Victoria Street Study Area except where specifically cited within the text of this Amendment. COUNCIL MINUTES PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE 732 - DECEMBER 13, 1993 DECEMBER 13, 1993 13.(Cont'd) 4.2.5 Schedule "A" entitled "Plan for Land Use" and Schedule "B" entitled "Floodplain and Environmental Areas" both attached shall form part of the Victoria Street Secondary Plan. 4.2.6 All new residential development and institutional development having a residential component adjacent to a rail line shall be required to maintain a minimum setback from the property line of said railway and provide a berm as required by the implementing Zoning By-law. 4.3TRANSPORTATION POLICIES 4.3.1 Suitable measures based on the Ministry of the Environment and Energy standards for the mitigation of noise will be provided to the satisfaction of the Region, CP and CN Rail where applicable for new residential development and places of assemble abutting railway rights-of-way. 4.4FLOOD PLAIN POLICIES 4.4.1 The flood plain of the potions of Schneider Creek within the Victoria Street neighbourhood is designated as a Two-Zone Flood Plain Policy Area by the City of Kitchener and the Grand River Conservation Authority. For detailed flood plain planning policies, reference shall be had to Section IV. 12 of the Official Plan, "Flood Plain Policies". 4.4.2 Underground parking facilities will be permitted within the flood fringe in the Low Density Multiple Residential and Medium Density Multiple Residential land use designations provided that such underground parking facility is floodproofed to the Regulatory Flood elevation and safe access is maintained during times of severe flooding. 4.5LAND USE DESIGNATIONS 4.5.1 Low Density Conservation Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, and multiple dwellings to a maximum of three units, lodging houses, small residential care facilities, home businesses and private home day care. 4.5.2 Low Rise Multiple Residential Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, lodging houses, small residential care facilities, home businesses, and private home day care. Opportunities for residential redevelopment are provided to a maximum density of 40 units per hectare. The maximum Floor Space Ratio shall be 0.6, that is, the above grade building floor area shall not exceed 0.6 times the lot area. Multiple dwellings may be permitted to exceed 40 unit per hectare on an individual site provided the Floor Space Ratio of 0.6 is not exceeded. 4.5.3 Low Density Multiple Residential Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, small and large residential care facilities, lodging houses, home businesses, and private home day care. Opportunities for residential development are provided to a maximum density of 100 units per hectare. The Maximum Floor Space Ratio shall be 1.0, that is, the above grade building floor area shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted to exceed 100 units per hectare on an individual site provided the Floor Space Ratio of 1.0 is not exceeded. The maximum building height shall 13.5 metres. PLANNING AND ECONOMIC DECEMBER 13, 1993 COUNCIL MINUTES DEVELOPMENT COMMITTEE - 733 - DECEMBER 13, 1993 13.(Cont'd) 4.5.4 Medium Density Multiple Residential The permitted uses are restricted to existing single detached and semi-detached dwellings, duplex dwellings, multiple dwellings, lodging houses, small and large residential care facilities, private home day care, and home businesses. Day Care Facilities are permitted provided they are located on the same lot as a large multiple dwelling. Opportunities for development are provided to a maximum density of 200 units per hectare. The Maximum Floor Space Ratio shall be 2.0, that is, the above grade building floor area of any develop- ment shall not exceed 2.0 times the lot area. Multiple dwellings may be permitted to exceed 200 units per hectare on an individual site provided the Floor Space Ratio of 2.0 is not exceeded. 4.5.5 Low Density Commercial Residential Permitted residential uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, lodging houses, home businesses, private home day care, and small and large residential care facilities. Commercial uses are restricted to offices, office support services, health offices, health clinics, medical laboratories, religious institutions, educational establishments, club facilities, funeral homes, financial establishments, day care facilities, studios, tourist homes, a limited amount of personal services and small convenience retail. Land uses may be segregated in separate buildings or integrated in mixed use developments. Personal services and convenience retail must be internal to a large residential, office or mixed use building. Residential development will be restricted to a density of 100 units per hectare on an individual lot. The Maximum Floor Space Ratio shall be 1.0, that is, the above grade building floor of any development shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted to exceed 100 units per hectare on an individual site provided the Floor Space Ratio of 1.0 is not exceeded. 4.5.6 Open Space The Open Space designation is intended to reserve land for a variety of reasons such as for agriculture, preservation of natural features, outdoor recreation, lands considered undevelopable for reasons of flooding or instability, G.R.C.A. lands, and land parcels made available through public works, water courses and railway right-of-ways. Uses include major community scale parks, conservation areas, hazard lands, cemeteries, crematoriums, mausoleums, outdoor recreation and golf courses. In addition to hazard lands described above, the Open Space designation shall apply to those lands located within the floodway portion of the flood plain in areas identified as being Two- Zone Policy Areas on Map 2, "Flood Plain and Environmental Areas". In Open Space areas also designated as Two-Zone Policy Areas, the intent of the Open Space designation is to recognize the danger associated with the floodway portion of the flood plain through prohibition of new urban development while recognizing the presence of existing urban development in the floodway. Existing development will be zoned to permit all legally existing uses and will be subject to the "Fill, Construction and Alteration to Waterways" regulation administered by the Grand River Conservation Authority. Alternative uses may be permitted provided that the subsequent use is compatible with surrounding land use designations, no new dwelling units are created, the use presents less of a risk to life and property in the event of flooding, the new use is not specifically prohibited by Policy IV. 12.iii), and approval is received from the Grand River Conservation Authority. 4.5.7 Major Institutional PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 COUNCIL MINUTES - 734 - DECEMBER 13, 1993 13.(Cont'd) Permitted uses within the Major Institutional land use category shall be restricted to hospitals, health office, health clinic, medical laboratories, small and large residential care facilities, educational establishments, religious institutions, museums, day care facilities, community centres, studios, sports and/or recreation facilities, veterinary services, and social service establishments. Convenience retail, financial establishment and personal service uses shall also be permitted provided they are located within a building used for a health clinic, multiple dwelling, or large residential care facility. Multiple residential uses developed in association with permitted institutional uses may be permitted to a maximum net residential density of 200 unity per hectare. Commercial uses developed in conjunction with, and intended to directly serve permitted institutional uses, may be permitted. 4.5.8 Convenience Commercial The Convenience Commercial designation shall provide locations for retail outlets serving the day-to-day, non-comparison shopping needs of the neighbourhood. Permitted uses shall include small convenience retail, dwelling unit, financial establishment, gas bar, health office, personal services and restaurant. Health offices and restaurants shall only be permitted in plazas in combination with other permitted commercial uses. 4.6SPECIAL POLICIES 4.6.1 Notwithstanding the Major Institutional land use designation which applies to the lands located on the block generally bounded by Patricia Avenue, Victoria Street South, the Grand River Railway, West Avenue and the Henry Sturm Greenway, the executive and administrative offices of the Hydro Electric Commission of Kitchener-Wilmot located at 301 Victoria Street South and the associated warehousing and outdoor storage uses shall be permitted uses. SECTION 5 - IMPLEMENTATION AND INTERPRETATION The provisions of the Official Plan of the City of Kitchener regarding the implementation and interpretation of that Plan shall apply to this Amendment. It is the opinion of this Committee that the approval of this Amendment is proper planning for the City. 14.That City Council approve Official Plan Amendment 93/4 (Civic Centre Neighbourhood Secondary Plan - 5 Year Review) as outlined: SECTION 4 - THE AMENDMENT That the Civic Centre Secondary Plan as adopted by Kitchener City Council on September 2, 1980 and subsequently approved by the Ontario Municipal Board on November 3, 1983, be replaced with the following: 4.1GENERAL POLICIES COUNCIL MINUTES PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE 735 - DECEMBER 13, 1993 DECEMBER 13, 1993 14.(Cont'd) 4.1.1 Approval under Section 41 of the Planninq Act, (1990) shall be required for any development which includes redevelopment or conversions considered development under the Planning Act. It is intended that development should be of a siting and design which will be compatible with the existing development and particularly the single detached dwellings in the interior of the neighbourhood. 4.1.2 The policies of this Plan will be implemented through application of the comprehensive Zoning By- law. Maintenance of existing structures will be encouraged through the Property Standards By-law. 4.2.3 Sections I through IV and Section VI of the Official Plan of the City of Kitchener continue to apply to the Civic Centre Neighbourhood except where specifically cited within the text of this Amendment. 4.1.4 Map 1, entitled Schedule "A" attached shall form part of the Civic Centre Secondary Plan. 4.1.5 Settlement Policy Area "B" of the Regional Official Policies Plan as it applies to the Civic Centre Neighbourhood constitutes the area of the neighbourhood which has been designated High Density Commercial Residential as shown on Schedule "A". 4.1.6 It is recognized that, in some instances, the land use designations shown on Schedule "A" are not coincident with rear property lines. The severance of rear and flanking property assemblies for integrated redevelopment schemes will be permitted provided that the remnant or remaining parcel continues to be in conformity with the policies of the Plan and the implementing Zoning By-law. 4.1.7 Any redevelopment will take into account the limited amount of park space available within the Civic Centre Neighbourhood. All redevelopment proposals will be evaluated to determine their ability to provide parkland dedication or cash payment for park purposes under the provisions of the Plannin.q Act, (1990). The possibility of using monies from the Park Trust Fund for the purchase and development of properties for park purposes may be explored in co-operation with the Civic Centre Neighbourhood Association. 4.2TRANSPORTATION POLICIES 4.2.1 Map 1, "Plan for Land Use", Map 2, "Floodplain and Environmental Areas", Map 3, "Primary Aggregate Resource Areas", and Map 4, "Community Improvement Area" are amended to show the classification of roads within the Civic Centre Neighbourhood as designated on Schedule "A" of this Amendment. 4.3LAND USE DESIGNATIONS 4.3.1 Low Density Residential - Preservation The "Low Density Residential - Preservation" designation has been applied to areas where it is the aim of the Plan to retain the existing single detached residential character of the Neighbourhood. Existing houses and streetscapes are to be preserved wherever possible. Permitted residential uses are restricted to single detached dwellings and the conversion of those structures which existed as of the date of the adoption of this Plan to duplexes or multiple dwellings to a maximum of 3 units. Residential conversions will be permitted only where there is sufficient floor area for the conversion, where the site is capable of providing adequate off-street parking in accordance with by-law requirements, and where no structural alterations are required to the exterior of the PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 COUNCIL MINUTES - 736 - DECEMBER 13, 1993 14.(Cont'd) building. Any exterior stairs or fire escapes are to be enclosed, and kept away from the facade of the structure. Minor exterior alterations and additions to single detached dwellings shall be permitted provided such alterations are not within any front or side yard. Nursing homes existing as of September 2, 1980 and parks are permitted. Home businesses, private home day care and small residential care facilities are also permitted uses within an existing structure. 4.3.2 Low Rise Multiple Residential The aim of the "Low Rise Multiple Residential" designation is to preserve the Iow density, Iow profile residential nature of the area, while allowing for some integrated redevelopment to take place. Opportunities for an integrated redevelopment are provided to a maximum of 40 units per hectare. Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, lodging houses, small residential care facilities, home businesses, and private home day care. The maximum Floor Space Ratio shall be 0.6, meaning the above grade building floor area shall not exceed 0.6 times the lot area. Multiple dwellings may be permitted to exceed 40 units per hectare on an individual lot provided the floor space ratio of 0.6 is not exceeded. 4.3.3 Low Density Multiple Residential The aim of the "Low Density Multiple Residential" designation is to maintain the overall Iow density, Iow rise residential character of the neighbourhood while allowing for some integrated redevelopment of the area. Opportunities for redevelopment are provided up to a maximum density of 100 units per hectare. Permitted uses are limited to single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, lodging houses, small and large residential care facilities, home businesses and private home day care. Conversions or redevelopment will be dependent upon the aesthetic provision of off-street parking in accordance with the provisions of the Zoning By-law. The maximum Floor Space Ratio shall be 1.0, meaning the above grade building floor area shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted to exceed 100 units per hectare on an individual lot provided the floor space ratio of 1.0 is not exceeded. Any redevelopment on Mansion Street should be of a height, siting and design which will prevent it from encroaching on single detached dwellings located on Queen Street North. All access to such redevelopment must be provided via Mansion Street, with no provision for access or demolition of structures in conjunction with this redevelopment on Queen Street North between the existing high rise apartment and Lancaster Street. 4.3.4 Medium Density Multiple Residential The aim of the "Medium Density Multiple Residential" designation is to permit some integrated, medium density redevelopment on Margaret Avenue and Queen Street North while maintaining the overall residential character of the neighbourhood. Opportunities for redevelopment are provided up to a maximum density of 200 units per hectare. Permitted uses are restricted to existing single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, lodging houses, day care facilities provided they are part of large multiple dwelling, small and large residential care facilities, private home day care, and home businesses. The maximum Floor Space Ratio shall be 2.0, meaning the above grade building floor area shall not exceed 2.0 times the lot area. Multiple dwellings may be permitted to exceed 200 units per hectare on an individual lot provided the floor space ratio of 2.0 is not exceeded. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 14.(Cont'd) COUNCIL MINUTES - 737 - DECEMBER 13, 1993 Conversions will be permitted only where there are no major structural alterations required to the exterior of the building. The provision of underground parking will be encouraged in any redevelopment scheme, and will be a requirement of apartment redevelopment. Redevelopment close to, or at, the upper permitted maximum density shall provide the majority, if not all of the required parking underground except for required visitor surface parking. With respect to the Medium Density Multiple Residential designation applied to the north side of Margaret Avenue, redevelopment should be of a height, siting and design which will prevent it from encroaching on lower density dwellings located on Ellen and Ahrens Streets. 4.3.5 Hi.qh Density Multiple Residential The aim of the "High Density Multiple Residential" designation is to recognize the existing high rise apartment buildings located at 119 College Street, 11 Margaret Avenue, 100 Queen Street North, and 175 Queen Street North, all which have been constructed in excess of 200 units per hectare. Permitted uses are restricted to multiple dwellings in excess of 200 units per hectare, home businesses, private home day care, lodging houses, parks, and large and small residential care facilities. Day care facilities are permitted provided they are on the same lot as a large multiple dwelling. The maximum floor space ratio shall be 4.0, meaning the above grade gross floor area shall not exceed 4.0 times the lot area. 4.3.6 Office-Residential Conversion The "Office-Residential Conversion" designation applies to certain properties fronting onto the south side of Roy Street (with the exception of 41 and 51 Roy Street), the south side of Ahrens Street, and portions of Young and College Streets north of the westerly projection of Roy Street, as shown on Schedule "A". The aim of this designation is both to preserve the existing structures in these areas and to serve as a transition area between the higher intensity uses along Weber Street and Queen Street and the "Low Density Residential - Preservation" designation of the interior of the neighbourhood. Permitted uses are restricted to single detached dwellings, and the conversion of existing buildings to multiple dwellings up to a maximum of three units and professional offices including health offices, home occupations, private home day care, and small residential care facilities. Residential and office uses may be permitted to locate within the same building. Conversions will be permitted only where no major structural alterations are required to the exterior of the building. 4.3.7 Medium Density Commercial Residential The "Medium Density Commercial Residential" designation applies to properties fronting onto Victoria Street North between Ahrens Street and Ellen Street West, as well as to certain properties fronting onto Queen Street North between Weber Street and Margaret Avenue. The aim of this designation is both to provide a buffer between the "Low Density Residential - Preservation" designation which applies to the interior of the neighbourhood and Victoria Street North, Queen Street North and MacKenzie King Square, and to provide commercial and residential redevelopment up to a maximum density of 200 units per hectare. Residential uses are restricted to existing single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, lodging houses, small and large residential care facilities, home businesses and private home day care. Commercial uses are restricted to office, office support services, day care facilities, tourist homes, health offices, health clinics, club PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 14.(Cont'd) facilities, funeral homes, financial establishments, educational establishments, medical laboratories, studios and a limited amount of personal religious institutions, services and small COUNCIL MINUTES - 738 - DECEMBER 13, 1993 convenience retail. Commercial and residential uses may be within separate buildings or may mix within the same building. Personal services and small convenience retail are permitted provided they are internal to a large residential, office or mixed use building. Restaurants are not a permitted use. The maximum floor space ratio shall be 2.0, meaning the above grade building floor area shall not exceed 2.0 times the lot area. Multiple dwellings may be permitted to exceed 200 units per hectare on an individual lot provided the floor space ratio of 2.0 in not exceeded. Conversion to office or commercial uses or redevelopment within this designation shall front onto and obtain access from Victoria Street North or Queen Street North only. Any redevelopment should be of a height, siting and design which will prevent it from encroaching on lower density dwellings located on Ellen and Ahrens Streets. 4.3.8 Hi.qh Density Commercial Residential The "High Density Commercial Residential designation applies to properties fronting onto Weber Street between Victoria Street North and the St. Andrews Presbyterian Church, Water Street, Victoria Street North south of Ahrens Street, certain properties on the south side of Roy Street, and to certain properties on Young and College Streets south of the westerly projection of Roy Street, all as shown on Schedule "A". The aim of this designation is to recognize the proximity of the Civic Centre Neighbourhood to the higher intensity land uses of the Downtown, and the location of the properties on Primary Roads. This area also defines the boundary of Settlement Policy Area "B" contained in the Regional Official Policies Plan, which provides for higher intensity uses adjacent to the Downtown. Permitted land uses include multiple dwellings which may exceed a density of 200 units per hectare, private home day care, lodging houses, small and large residential care facilities, and home businesses. Commercial uses are restricted to offices, office support services, health offices, health clinics, club facilities, day care facilities, religious institutions, medical laboratories, funeral homes, financial establishments, educational establishments, tourist homes, studios, parks, a limited amount of personal services and small convenience retail. Commercial and residential uses may be within separate buildings or may mix within the same building. Personal services and small convenience retail uses must be internal to a large residential, office or mixed use development. The maximum floor space ratio shall be 4.0, meaning the above grade building floor area shall not exceed 4.0 times the lot area. Redevelopment within this designation must obtain access from Weber Street, Victoria Street or Water Streets only an the provision of underground parking is encouraged in all redevelopment proposals. 4.3.9 Service Commercial The "Service Commercial" designation applies to properties fronting onto Victoria Street North between Ellen Street West and Hermie Place, and portions of Ellen Street West and St. Leger Street. The intent of the Service Commercial land use designation is to provide for a broad range of commercial and industrial business uses, each of which has the following basic characteristics: PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 14.(Cont'd) a)they provide a specialized product or service to persons coming specifically to the premises to do business and, therefore, should not be required to locate in the City's pedestrian oriented retail shopping areas such as the Downtown and Regional, Community or Neighbourhood Shopping Centres; COUNCIL MINUTES - 739 - DECEMBER 13, 1993 b) they rely on business from and exposure to the travelling public, require a location readily accessible to a well-populated market area and, therefore, should be located on a Primary or Secondary Arterial Road, provided suitable access is available in keeping with Regional Policy and Procedures for Access onto Regional Roads, and should not generally be required to locate within an industrial area; and c) their physical requirements in terms of size and shape of site or building, their Iocational requirements, and nature of operation are such that they are not generally suitable, economically viable, nor compatible for incorporation into a shopping centre. Possible uses within this designation include a wide range of commercial and light industrial uses. Permitted commercial uses may include, but are not limited to, restaurants, animal hospitals; pet and pet supply sales in conjunction with an animal hospital; funeral homes; sales, rental, service, storage and repair of Business machines; beverage sales outlets; commercial recreation; furniture or appliances sales outlets; personal services; financial establishments; and trade schools. Service Commercial areas are, however, not intended to provide locations for those retail and office uses normally found in the Downtown, Restricted Commercial-Residential areas, or Regional, Community or Neighbourhood Shopping Centres. As a general policy, it is the intent that Service Commercial areas should not compete directly with Regional, Community or Neighbourhood Shopping Centres. Hotels, motels, and such retail uses as convenience commercial, department stores, supermarkets, catalogue distributing outlets serving the ultimate consumer, or other retail stores normally found within the City's shopping centres are not permitted uses within this designation. Commercial entertainment shall only be permitted where it is an accessory use within a restaurant. Office uses shall only be permitted in the Service Commercial category where they are accessory to a Service Commercial land use, or are contained within a building used primarily for service commercial purposes. Businesses such as surveying, planning, engineering or design, as well as health offices and health clinics may locate in freestanding buildings. The industrial business uses permitted within the Service Commercial designation are restricted to those firms which do not engage in on-site manufacturing or processing. Craftsman shops used for the creation, finishing, refinishing or similar production of custom or handmade commodities are, however, permitted. Other industrial businesses permitted would include such uses as building material and decorating supply outlets; tool or industrial equipment sales, rental, storage and service establishments; repair services; and, printing and engraving establishments. Permitted complimentary uses may include municipal services and utilities and non-residential institutional uses such as educational establishments, religious institutions, and club, lodge or union hall. In order to create a higher order transition zone into the Downtown and to respect the adjacent "Low Density Residential - Preservation" designation, commercial and light industrial uses of a high visual quality are encouraged in this area. Uses which are obnoxious due to visual appearance, the emission of noise, odour, vibration, etc., will not be permitted. Accordingly, new PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 14.(Cont'd) development of the following uses is prohibited: automobile service station; car wash; sale, rental, service, storage or repair of motor vehicles and major recreational equipment; parts and accessories to motor vehicles and major recreational equipment; tradesman or contractor's establishment; and, warehousing and wholesaling. However, any such existing uses shall be permitted to redevelop or expand subject to site plan control. All permitted uses within this designation shall be located entirely within an enclosed building or structure and no outdoor storage shall be permitted. COUNCIL MINUTES - 740 - DECEMBER 13, 1993 All access to Service Commercial properties shall be from Victoria Street North only with no access permitted to Hermie Place. 4.3.10 Community Institutional The Community Institutional designation has been applied to St. Andrews Presbyterian Church located at 54 Queen Street North and the Church of the Good Shepherd, located at 116 Queen Street North. The Community Institutional category makes provision for, and recognizes the existence of, community institutional uses such as elementary schools, churches and community services. It also makes provision for a range of quasi-institutional and residential uses which are complimentary to the community institutional uses and/or represent viable redevelopment options for affected sites in terms of the use of existing facilities and effects on the surrounding community. Lands designated Community Institutional shall be located along Primary or Secondary Arterial or Collector Roads as identified on Schedule "A". Uses permitted within the Community Institutional category are restricted to single detached, duplex and semi-detached dwellings, multiple dwellings, educational establishments, religious institutions, small and large residential care facilities, health offices, health clinics, veterinary services, social service establishments, artisans establishments, day care facilities, private home day care, park, and home occupations. Convenience retail, financial establishment and personal service uses shall be permitted provided that they are located within a building used for a health clinic, multiple dwelling or large residential care facility. The residential component of any development shall not exceed 100 units per hectare. The maximum floor space ratio shall be 1.0, meaning the above grade building floor area shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted to exceed 100 units per hectare on an individual lot provided the floor space ratio of 1.0 is not exceeded. 4.3.11 Nei.qhbourhood Park The Neighbourhood Park designation has been applied to Hibner Park. The intent of the Neighbourhood Park designation is to preserve parkland at the neighbourhood scale, and to allow for passive and active open spaces and a variety of recreational activities. 4.4 SPECIAL POLICIES 4.4.1 Notwithstanding the "High Density Commercial Residential" designation applied to the Zion United Church properties located at 41 and 51 Roy Street, redevelopment of those properties will only be permitted as part of a comprehensive redevelopment scheme for the main church property located at 32 Weber Street West. No vehicular access to Roy Street will be permitted. In order to maintain the existing Iow rise streetscape of Roy Street, PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 14.(Cont'd) redevelopment of the property at 32 Weber Street West and the properties at 41 and 51 Roy Street will be restricted to a maximum height of three storeys (10.5 metres) to a depth of 30 metres from the Roy Street streetline. The floor space ratio of 4.0 shall continue to apply. A holding provision shall apply to the properties located at 32 Weber Street West and 41 and 51 Roy Street withholding redevelopment until such time a 0.3 metre reserve separating the lands from any streetline other than Weber Street West has been conveyed to the City and a site plan has been approved, including any buffering measures, by the City's Commissioner of Planning and Development. 4.4.2 Notwithstanding the "High Density Commercial Residential" designation on the properties located at COUNCIL MINUTES - 741 - DECEMBER 13, 1993 102, 106, 107 and 109 Young Street, 94, 95, 98, 99, 102, 103 and 109 College Street, and 95-97 Ahrens Street, redevelopment of those properties will be accomplished by a holding zoning category being applied to such properties in the Zoning By-law. The holding provision shall be removed so as to allow redevelopment to proceed only when the following criteria have been met: 1) consolidation or assembly of the property with property having legal frontage and access to Weber Street, Water Street or Victoria Street; 2) all access to be from Weber Street or Water Street only, with no vehicle access to College and Young Streets to be ensured by the conveyance of a 0.3 metre reserve along College, Young or Ahrens Streets; 3) such redevelopment including any surface parking, being buffered from the properties located College and Young Streets in the "Office-Residential Conversion" designation by means of building setback, and landscaped screening and/or berming; and 4) site plan setting out the requirements if 1, 2 and 3 above and any additional matters required pursuant to Section 41 of the Plannin,q Act, (1990). Conversion of these properties will only be permitted within buildings existing as of the date of adoption of this Plan in compliance with the regulations of the implementing Zoning By-law. 4.4.3 Notwithstanding the "Medium Density Commercial Residential" designation applied to the properties located at 84-86 Ahrens Street, 65 and 70 Margaret Avenue and 47-55 Ellen Street West, redevelopment of those properties will be accomplished by a holding zoning category being applied to such properties in the Zoning By-law. The holding provision shall be removed so as to allow redevelopment to proceed only when the following criteria have been met: 1) consolidation or assembly of the property with property having legal frontage and access to Victoria Street North; 2) all access to be from Victoria Street North only, with no through driveways or vehicle access to the public lane to be ensured by the conveyance of a 0.3 metre reserve along the northerly side of the public land; 3) such redevelopment including any surface parking, being buffered from abutting "Low Density Residential - Preservation" areas by means of building setback, and landscaped screening and/or berming; and 4) site plan setting out the requirements if 1, 2 and 3 above and any additional matters required pursuant to Section 41 of the Plannin,q Act, (1990). PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 14.(Cont'd) Conversion of these properties is restricted to residential conversions only, unless they are part of a comprehensive redevelopment project having access onto Victoria Street North. Commercial access will not be provided via the laneway located between Victoria Street North and Maynard Avenue. 4.4.4 Notwithstanding the "Service Commercial" designation applied to the properties located at 48 and 52 Ellen Street West and 34 and 38 St. Leger Street, redevelopment of those properties will be accomplished by a holding zoning category being applied to such properties in the Zoning By-law. The holding provision shall be removed so as to allow redevelopment to proceed only when the following criteria have been met: 1) consolidation or assembly of the property with property having legal frontage and access to Victoria Street North; COUNCIL MINUTES - 742 - DECEMBER 13, 1993 2) all access to be from Victoria Street North only, with no vehicle access to College and Young Streets to be ensured by the conveyance of a 0.3 metre reserve along the northerly side of Hermie Place; 3) such redevelopment including any surface parking, being buffered from the properties located on the southerly side of Hermie Place by means of building setback, and landscaped screening and/or berming; and 4) site plan setting out the requirements if 1, 2 and 3 above and any additional matters required pursuant to Section 41 of the Plannin,q Act, (1990). Conversion of these properties will only be permitted within buildings existing as of the date of adoption of this Plan in compliance with the regulations of the implementing Zoning By-law. 4.4.5 Notwithstanding the Medium Density Multiple Residential designation applied to the property located at 36 Ellen Street East, and legally described as Lot 8 of Registered Plan 417, a health office shall be permitted within the existing building. 4.4.6 Notwithstanding the Low Density Residential Preservation designation applied to the property located at 189 Queen Street North, a tourist home shall also be permitted within the existing building. 4.4.7 Notwithstanding the Medium Density Commercial Residential designation applied to the lands bounded by Ahrens Street, Victoria Street, Ellen Street and the laneway running between Ellen Street and Ahrens Street, small retail and personal service uses shall be permitted within the existing buildings through conversion or internal to new large residential, office or mixed use development. SECTION 5 - IMPLEMENTATION AND INTERPRETATION The provisions of the Official Plan of the City of Kitchener regarding the implementation and interpretation of that Plan shall apply to this Amendment, And further, that Schedule "A", Plan for Land Use, be replaced with Schedule "A" dated December, 1993. It is the opinion of this Committee that the approval of this Amendment is proper planning for the City. (AS AMENDED) 15.That Zone Change Application 92/26/TC/CL (City of Kitchener) and the 'Proposed By-law' dated NOVEMBER 5, 1993 attached to Staff Report PD 104/93, representing amendments to By-law 85-1 and being the sixth stage of the City's New Comprehensive Zoning By-law to establish 8 new Residential Zones, 4 new Commercial-Residential Zones and 1 new Existing Use Zone, as revised December 6, 1993 to include: PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE DECEMBER 13, 1993 15.(Cont'd) (a)a revision to the proposed zoning for lands located at 55 and 69 Joseph Street from C-1 with Special Use Provision 169 to R-8 with a new Special Use Provision permitting an automobile service station and a holding provision withholding residential development until the lands are consolidated; (b)the revisions listed in recommendation #2, Section F of Staff Report PD 117/93, save and except sub- item (g) pertaining to 723 to 765 King Street West which is further revised in regard to the last portion of 'Appendix D, Subsection 158' to add the phrase after the word 1994 'or within an addition constructed after __ 1994 which does not exceed 20% of the gross floor area of the existing building'; (c)the R-5 zone being revised to add a new regulation for lodging house as found in Section 39.2.3 to read as follows: COUNCIL MINUTES - 743 - DECEMBER 13, 1993 Location of Lodqin,q House Only one lodging house shall be permitted on a lot. No building or part thereof shall be used for a lodging house on a lot that is situated within 400 metres of another lot on which a lodging house is located, such minimum distance to be measured from the closest point of the lot lines associated with each lot. and as further revised December 13, 1993 to include: (d)the proposed zoning on the 'non-floodplain' portion of those lands municipally known as 384-402 Queen Street South be changed from "CR-I" to "CR-2" with a special regulation provision permitting a maximum FSR of 3.0. (e)the implementing zoning for 9 Ahrens Street and 10 Roy Street being corrected as a result of a mapping error be approved, without conditions and that no further notice be required as a result of the December 13, 1993 changes to the proposed Zoning By-law prior to the passing of said By-law. Further, that the new set of zoning maps prepared and distributed under memorandum dated November 26, 1993, to replace the zoning maps attached to Staff Report PD 104/93 be further revised to incorporate any mapping changes required as a result of revised recommendations relative to the Proposed Zoning By-law, And further, that any date shown to be referenced in such Proposed By-law be the date of enactment of said By-law by City Council. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with a number of concurrent Amendments to the City's Approved Official Plan. COMMUNITY SERVICES COMMITTEE (AS AMENDED) 1.That Councillor G. Lorentz be appointed Chairman of the Community Services Committee for a term to expire November 30, 1994. 2.That Councillor G. Leadston be appointed Vice-Chairman of the Community Services Committee for a term to expire November 30, 1994. 3.That we approve the request of the Scott Tournament of Hearts - K-W Tournament of Hearts Committee, to use $2,000.00 of the $6,000.00 grant already approved for 1994, for an in-kind bus transportation grant. 4.That no action be taken on the request of the Canadian Authors' Association - Waterloo-Wellington Chapter for a cash grant in the amount of $500.00 to assist with their 73rd annual conference to take place in Waterloo from June 23 - 27, 1994. 5.That no action be taken on the request of the University of Waterloo Village Charity Ball for an in-kind bus transportation grant in the amount of $815.37. COMMUNITY SERVICES COMMITTEE DECEMBER 13, 1993 6.That an approved exhaust hood be installed in the southwest corner of the Upper Market as soon as possible, for frying/grilling purposes; and further That the cost of the hood not exceed $10,000.00, to be paid out of the Market Capital Account and reimbursed over time by increased rent charged to user vendor(s); and further That the refreshment area and non-conforming exhaust hood in the north-east corner of the Market be closed and removed to allow for a catering preparation area for hall rentals. (DEALT WITH UNDER DELEGATIONS AND CARRIED) 7.That the Departments of Planning & Development, Public Works, and Parks & Recreation investigate COUNCIL MINUTES - 744 - DECEMBER 13, 1993 alternate methods of advancing the construction of trails/paths in the subdivision process in consultation with the development industry. 8.That we approve in principal the concept plan for upgrading the Rockway Golf Course, pending the relocation of the Rockway Lawn Bowling Operation from the Rockway Golf Course to an alternate site; and further That staff review the various relocation alternatives with the municipality's lawn bowling clubs and present final recommendations to the Community Services Committee no later than March 31, 1994; and further That a cost of relocation analysis be provided for each alternative, recognizing that the golf enterprise shall contribute an upset limit of $50,000.00 to facilitate the relocation, with the balance of the funding referred to a future Parks & Recreation capital forecast, subject to the approval of an acceptable plan. 9.That the Mayor and Clerk be authorized to sign a licence agreement with Terry Haggith to operate a boat concession out of the boat house in Victoria Park for the period of May 1, 1994 to October 9, 1996. 10.That the City of Kitchener endorses the Declaration of Support and its Commitments to secure a better future for the Grand River. 11.That the portable buildings located at 222 Chandler Drive be known as the Chandler Mowat Community Centre. 12.That the 1994 proposed fees and charges for the Program Division, Golf Unit and Cemetery Division of the Department of Parks & Recreation, as presented to the Community Services Committee on December 6, 1993, be approved. 13.That we approve the proposed changes to the Cemetery By-law, effective January 1, 1994, as presented to the Community Services Committee on December 6, 1993; and further That the approved by-law be forwarded to the Cemeteries Regulation Branch of the Ministry of Consumer & Commercial Relations for approval. 14.That the concession booth at Woodside Park be closed. 15.That effective January 1, 1994 Tom Clancy be appointed General Manager of the Parks & Recreation Department and Bob Arnot be appointed Assistant General Manager. FINANCE AND ADMINISTRATION COMMITTEE 1 .That Councillor C. Zehr be appointed Chairman of the Finance and Administration Committee for a term expiring November 30, 1994. 2.That Councillor B. Stortz be appointed Vice-Chairman of the Finance and Administration Committee for a term expiring November 30, 1994. 3.That no action be taken on the request of Mr. J. Crawford for a grant relative to water damage at the property known municipally as 15 Wilkins Drive. FINANCE AND ADMINISTRATION COMMITTEE DECEMBER 13, 1993 4.That the Legal Department draft a by-law relative to the licensing of street vendors in Victoria Park and at specific street intersections to expire on December 31, 1994, with said by-law to be in a format similar to the current By-law #93-34. 5.That subject to the following amendments the Statement of Goals contained in the report of Mr. T. McKay dated November 9, 1993 be formally adopted by City Council: a)Goal #2 - To enhance the quality of life of our community by encouraging opportunities in social, COUNCIL MINUTES - 745 - DECEMBER 13, 1993 recreational, cultural and economic areas; b)Goal #4 - To encourage the development of employees who can contribute to our objectives through commitment to excellence, innovation and service. 6.That Council ratify payment of invoices from Ulmer Construction Ltd. totalling $19,306.98 plus GST for work performed to complete the interior and to repair interior deficiencies at Firehall No. 6, and, That Council approve payment of invoices from Ulmer Construction Ltd. totalling $22,151.53 plus GST for work performed to complete the exterior and to repair deficiencies on the exterior of Firehall No. 6, and, That Council ratify payment of an invoice from McLean-Peister in the amount of $3,175.20 plus GST for work performed on St. Timothy's school property to repair damages caused by Toronto Structural Group, and, That the City proceed with a tender to apply a coating treatment for the apparatus floor of Fire Station No. 6, and further, That the City's Project Manager be authorized to pay additional fees in the amount of $3,000.00 plus GST for additional services relating to the difficulties encountered on this project. (DEALT WITH UNDER DELEGATIONS AND CARRIED) 7.That effective January 1, 1994, the following Transit fare structure be implemented: Existing Fare New Fare Adult Cash Adult Pass Reduced Cash Reduced Pass Term Pass (5 months) College Pass (4 months) University Pass (3 months) $ 1.30 --> $ 1.35 $ 52.00 --> $ 53.00 $ 1.05 --> $ 1.10 $ 42.00 --> $ 43.00 $194.00 --> $194.00 $180.00 --> $180.00 $153.00 --> $153.00 That effective January 1, 1994, the fees for the Planning Applications listed below be increased in the amounts shown and that Section 380.1.1 of Chapter 380 (Tariff of Fees - Planning Matters) of the Municipal Code be amended accordingly and where applicable: Rate Zoning By-Law $475.00/applic.--> $500.00/applic. (plus $125.00/sign where standard City Notice sign required) Zoning By-law for $475.00/applic. +$45.00/hectare to a Subdivision max. of $1,800.00--> $500.00/applic. +$50.00/hectare to a max. of $2,000.00 Part Lot Control Exemption By-law lot created --> $65.00/applic.+$25.00/additional new $70.00/applic.+$55.00/additional new lot created Site Plan Control $65.00/applic.-(no revision fee) --> $70.00/applic.+ new $35.00 revision fee FINANCE AND ADMINISTRATION COMMITTEE DECEMBER 13, 1993 8. (Cont'd) COUNCIL MINUTES - 746 - DECEMBER 13, 1993 Letter of Compliance $ 50.00/enquiry --> $ 55.00/enquiry OR $100.00 for verbals requested within 15 business days of City's Receipt of Enquiry Certificate of Occupancy $ 50.00/unit --> $ 55.00/unit Demolition Control $ 55.00/applic. --> $ 60.O0/applic. Condominium Conversion $325.00/applic. --> $350.00/applic. Sign Permits - Mobile (Portable) Sign - Permanent $ 30.00/sign --> $ 35.00/sign (Ground/Pylon/Fascia) Sign $ 50.00/sign --> $ 55.00/sign That the Mayor and Clerk be authorized to sign an Agreement with the Race Relations Committee of Kitchener-Waterloo to provide for office accommodation in the Kitchener City Hall, subject to the revised conditions outlined in the report of Mr. T. Boutilier dated December 1, 1993 and that this Agreement be a licensee arrangement, and, That Condition #5 d) relative to equipment for facsimile transmission be deleted in its entirety, and further, That conditional upon execution of the above Agreement, the Race Relations Committee of Kitchener-Waterloo be permitted to commence occupancy on December 15, 1993. 10. That the City accepts the offer dated December 1, 1993 from Mr. Cai Dicks, owner of the Mayfair Hotel, to settle in full its injurious affection claim resulting from the closure of Young Street in 1992, for business loss in the sum of $8,000.00 plus legal and accounting costs of $404.31. 11. That effective January 1, 1994, the Business Licensing Fees appended to the joint report of Mrs. J. Koppeser and Mr. L. Parkhouse dated November 25, 1993 be adopted. 12. That the following Lottery Licensing Fees be adopted: Bingo; Media Bingo; Break Open Ticket; Raffle; Bazaar 3% of Prizes 3% of Prizes/S10.00 per wheel. 13. That staff be directed to discuss with the owners of William's Coffee Pub the feasibility of allowing currently licensed Hot Dog Vendors to provide food for this year only in conjunction with the proposed New Year's Eve Party in the Civic Square. 14. That Council waive the 1993 License Fee with respect to the sale of food in the Civic Square by William's Coffee Pub. 15. That the Kitchener Sports Association be granted permission to hold bingos at the Kitchener Charities Bingo Palace on a continuing basis commencing January 8, 1994. 16. That Mr. Len Habermehl be appointed to fill the vacancy on the Electrical Examining Board as a result of the retirement of Mr. John Waller, and further, That Mr. Waller receive a letter of appreciation. 17. That subject to the following amendment, Council adopt all of the suggestions in the joint report of Mrs. J. Koppeser and Mr. L. Parkhouse dated November 25, 1993, and further, That the suggestion in the sub-section entitled "Raffles" be amended to read "An irrevocable letter of credit or other security satisfactory to the City Treasurer" and the words "from a recognized financial institution" removed; also, the term "notarized statement" be replaced with "sworn declaration". COUNCIL MINUTES - 747 - DECEMBER 13, 1993 LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE (November 19, 1993) DECEMBER 13, 1993 That pursuant to Section 33 of the Ontario Heritaqe Act, we approve the request of the owner to alter the designated, City-owned property, known as 110 Arlington Blvd. (Woodland Cemetery) by constructing an addition, in accordance with the plans prepared by Maine Construction Co., Revised Plan #9314, dated 9/20/93, save and except that the fascia and coping will be constructed of cast-in-place concrete, as presented to the Local Architectural Conservation Advisory Committee on November 19, 1993. That the Local Architectural Conservation Advisory Committee has no objection to the issuance of a demolition permit, to demolish the one storey structure which is attached to the building known as 236 Victoria Street North as presented to the Local Architectural Conservation Advisory Committee on November 19, 1993. That pursuant to Section 33 of the Ontario Heritaqe Act, we approve the request of the owner to alter the designated property known as 1 King Street West (Walper Hotel) by erecting three signs (Best Western Signs L-18) as shown, and in the locations as shown, on the plan submitted to the Local Architectural Conservation Advisory Committee on November 19, 1993. That the Local Architectural Conservation Advisory Committee has no objection to the demolition of the property known as 2118 New Dundee Road; and That the owners be requested to allow members of the Local Architectural Conservation Advisory Committee on site when demolition takes place in order to document construction changes in the structure; and further That the owner be encouraged to preserve the side porch and buff bricks to be reused either in the new house or sold for re-use in other structures. (AS AMENDED) That pursuant to Section 33 of the Ontario Heritaqe Act, we approve the request of the owner to alter the designated property known as 20 Pinnacle Drive by constructing a second storey rear addition, with the brick to match the existing one storey rear addition, in accordance with the plans prepared by Chicopee Craftsmen as presented to the Local Architectural Conservation Advisory Committee on November 19, 1993. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE (December 10, 1993) 1. That Councillor M. Wagner be appointed Chairman of the Local Architectural Conservation Advisory Committee for a term expiring November 30, 1994. That Mr. Vern Tarbutt be appointed Vice-Chairman of the Local Architectural Conservation Advisory Committee for a term expiring November 30, 1994. PUBLIC WORKS AND TRANSPORTATION COMMITTEE That Councillor J. Smola be appointed Chairman of the Public Works and Transportation Committee for a one year term expiring November 30, 1994. That Councillor M. Wagner be appointed Vice-Chairman of the Public Works and Transportation Committee for a one year term expiring November 30, 1994. That no action be taken on the proposed relocation of Route 8 bus service from Union Street to Hartwood Avenue, and further, That Transit staff be instructed to prepare a report for consideration by the Public Works and Transportation Committee outlining possible alternatives for the provision of Transit service to the area of 409 Weber Street with one of the alternatives being reversal of Route 8 & 18 in the service area. (DEALT WITH UNDER DELEGATIONS AND CARRIED, AS AMENDED) COUNCIL MINUTES - 748 - DECEMBER 13, 1993 PUBLIC WORKS AND TRANSPORTATION COMMITTEE DECEMBER 13, 1993 That Mr. J.J. Bakker be retained as a consultant to undertake a Time Transfer Study as outlined in the November 24, 1993 proposal submitted by Mr. Bakker, and further, That, subject to this study being approved by the Ministry of Transportation for Ontario, the estimtated study cost of $12,600.00 be absorbed in the 1994 Transit Division Capital Budget, and further, That the Time Transfer Study be scheduled to commence in January 1994. That the City of Kitchener and City of Waterloo Accessibility Implementation Plan be adopted and implemented, subject to budget approvals, and further, That the Accessibility Implementation Plan, which commits both the Cities of Kitchener and Waterloo to follow the strategies as outlined therein, be submitted to the Province of Ontario for approval, and further, That the Council of the Corporation of the City of Kitchener hereby affirms the ongoing role of the Accessibility Implementation Plan Committee to: i)act as an Advisory Body to City Council or the appropriate Standing Committee of Council accessibility matters; and, ii)promote accessibility awareness amongst the citizens and businesses of Kitchener and Waterloo. on 6.That an Adult Crossing Guard be established at the intersection of Siebert Avenue at Vanier Drive to assist children on their way to and from Rockway Public School and St. Boniface Separate School. 7.That stopping be prohibited on the south side of Doon Village Road from Bechtel Drive to a point 40 metres west thereof, and further, That the Uniform Traffic By-law be amended accordingly. 8.That King Street be closed to traffic between Water Street and Ontario Street from 8:00 p.m. on Friday, December 31, 1993 to 12:05 a.m. on Saturday, January 1, 1994 for the purpose of holding a New Years Eve Party, and further, That all costs associated with the closure of King Street be borne by the organizers of the event, and further, That the appropriate by-law under Section 352(61 ) of the Municipal Act be enacted. 9.That the recommendations as contained in the Voisin Greenway Study as presented to the Public Works and Transportation Committee on December 6, 1993, be accepted, and further, That funding for these remedial works be considered during the 1995 Capital Budget process. 10.That the City of Kitchener strongly oppose Concept #1 for the Highway 7/K-W Expressway Interchange and support Concept #2 as the preferred alternative. (DEALT WITH UNDER DELEGATIONS AND CARRIED) 11.That, effective January 1, 1994, the schedule of prices for utility cuts and sewer blockades be increased by 2% over 1993 rates. COMMITTEE OF THE WHOLE MINUTES DECEMBER 13, 1993 A. BY-LAWS AS LISTED ON THE AGENDA - 2ND READING It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER 1. Banner Requests It was resolved: "That Community Justice Initiatives of Waterloo Region be granted permission to erect banners on King Street at Frederick/Benton Streets and on King Street at Rockway Gardens from Monday, January 31, 1994 to Sunday, February 20, 1994 inclusive. Further, that arrangements be made with the City's Contractor for erection of the two banners and the payment of any costs associated therewith." - and - "That in conjunction with the Tournament of Hearts Canadian Women's Curling Championship to be held at the Waterloo Recreation Complex from February 25, 1994 to March 5, 1994, we grant permission for erection of a banner on King Street at Rockway Gardens from Monday, February 14, 1994 to Saturday, March 5, 1994 inclusive. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs associated therewith." 2. Consent to Transfer - FAIRVIEW WARD It was resolved: "That the City consent to a transfer of one-half interest from Conestoga Cold Storage Limited Partnership to 973963 Ontario Limited of the property described as Part 3 on Reference Plan 58R- 5010 and Parts 1 & 2, Reference Plan 58R-5455 and municipally known as 299 Trillium Drive, Kitchener." 3. Licence It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Rotary Club of Kitchener to conduct a Raffle Lottery at Bingeman Park Lodge, 1380 Victoria St. North, Kitchener, On June 16, 1994." 4.Compliance with Restrictive Covenants - FAIRVIEW WARD It was resolved: "That the City confirms that on December 13, 1993 the property municipally known as 81 Bleams Road, Kitchener complied with the restrictive covenants set out in Instrument No. 339375." 5. Encroachment Aqreements - Liqhtinq - CENTRE WARD It was resolved: COMMITTEE OF THE WHOLE MINUTES DECEMBER 13, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) "That the Mayor and Clerk be authorized to execute Encroachment Agreements between the City and the registered owner(s) of the 5. Encroachment Aqreements - Liqhtinq - CENTRE WARD (Cont'd) buildings located at 10-22 King Street West, 1-11 King Street West, 117-119 King Street West, 133-145 King Street West and 255 King Street West with respect to the installation of a light fixture(s) on the exterior of the said building(s) which will illuminate the adjacent laneway(s), being either Goudie's Lane or Hall's Lane in the City of Kitchener." 6.Tenders It was resolved: "That Sections A & B of tender T93-77, Supply of Erosion Control Materials, be awarded to Evercrete Erosion Corporation, Maple, Ontario at their tendered price of $55,459.60 plus G.S.T. and P.S.T. and that Section C of tender T93-77, be awarded to Form & Build Supply Inc. of Kitchener, at their tendered price of $1,437.72. plus G.S.T. and P.S.T." - and - "That tender T93-79, Tire Recapping, be awarded to Hespeler Retreading, Cambridge at their tendered price of $56,665./year plus G.S.T. and P.S.T." 7.Committee of Adjustment - 1994 Tariff of Fees It was resolved: "That the City Solicitor be instructed to prepare a by-law to repeal Schedule 'A' - Tariff of Fees of Chapter 375 of the City of Kitchener's Municipal Code and substitute the following therefor: Schedule 'A' - Tariff of Fees APPLICATION FEES/CHARGES Committee of Adjustment $205/application (Variance to a By-law) Committee of Adjustment (Land Severance) $255/first lot or block and for each new lot or block created thereafter Committee of Adjustment (combined application for Variance and Land Severance)." $41 O/first lot or block and $205 for each new lot or block created thereafter 8.Variance Request - Walper Terrace Hotel/Best Western Siqnaqe This item was dealt with under delegations. 9. Envirofund Kitchener Inc. The Committee was in receipt of a report from Mr. J. Wallace, City Solicitor, on two proposed Acts for special legislation that would incorporate Envirofund Kitchener Inc. Councillor T. Galloway stated that he has had a concern as to how much control City Council required and that he would like to see the organization have a certain degree of autonomy. In this regard, he indicated that he would like to amend the legislation so as to provide that Council would review the budget but not have financial control. COMMITTEE OF THE WHOLE MINUTES DECEMBER 13, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) Mr. J. Wallace stated that it was his understanding that the purpose of the Envirofund proposal was that it be created to assist the 9. Envirofund Kitchener Inc. (Cont'd) Council, however, Councillor Galloway has suggested that the Envirofund Board be allowed to deal with significant environmental features. Councillor C. Zehr stated that it was not the intent for the Foundation to be independent and that he concurred with the interpretation given by Mr. Wallace. Councillor Galloway commented that it was his hope there would be as little red tape as possible in respect to budgetary spending issues pertaining to the Board. On motion by Councillor T. Galloway - it was resolved: "That the City Solicitor be authorized to proceed to apply for special legislation to incorporate 'Envirofund Kitchener Inc.' in accordance with the draft bill dated December 9, 1993." 10. Applications for Cancellation, Refund, Reduction or Levy of Taxes - December 13, 1993 Hearinq It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." Conflicts of interest and abstention were disclosed as follows: Councillor C. Zehr in regard to Item Nos. 44, 45, 50, 72 and 73 and Councillor C. Weylie in regard to Item No. 212, as these applicants were clients of the respective Councillors. 11. Licence - Monte Carlo Event It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to conduct a Monte Carlo event at Lulu's Roadhouse, Kitchener on January 7-9, 1994, inclusive and January 28- 30, 1994, inclusive." COMMITTEE OF THE WHOLE MINUTES DECEMBER 13, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D)