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HomeMy WebLinkAboutPlng & Econ Dev - 1993-11-01PED\1993-11-01 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 1, 1993 The Planning and Economic Development Committee met this date commencing at 4:00 p.m. under the Chairmanship of Councillor J. Ziegler with the following members present: Mayor D.V. Cardillo and Councillors T. Galloway, M. Yantzi, G. Leadston, J. Smola, C. Zehr, G. Lorentz, B. Stortz and M. Wagner. Officials Present: Mr. T. McKay, Mr. S. Klapman, Mr. B. Stanley, Mr. T. McCabe, Mr. J. Wallace, Mr. D. Mansell, Mr. J. Shivas, Mr. P. Wetherup, Mr. L. Masseo, Mr. J. Witmer, Ms. C. Ladd and Mr. L.W. Neil. 1. MINUTES On motion by Councillor M. Wagner, it was resolved: "That the Minutes of the Planning and Economic Development Committee meeting held on October 18, 1993, as mailed to the members, be accepted." PD 107/93 - COMPREHENSIVE FLOOD PLAIN PLANNING POLICIES. - OFFICIAL PLAN AMENDMENT APPLICATION 93/2 - CITY INITIATED. -- AND -- PD 91/93 - REVISION TO BRIDGEPORT EAST SECONDARY PLAN. - BRIDGEPORT NORTH WARD. Councillor M. Yantzi disclosed a conflict of interest and abstained from all discussion and voting as his home is situated within a flood plain area adjacent to Victoria Park Lake. The Committee was in receipt of a City Initiated Official Plan Amendment Application 93/2 proposing Comprehensive Flood Plain Planning Policies. In this regard, Staff Report PD 107/93 dated October 7, 1993 was considered along with the attached Official Plan Amendment and Schedule B - City of Kitchener Official Plan - Map 2, Flood Plain and Environmental Areas. The proposed Official Plan Amendment affects all lands within the City of Kitchener which are identified on Map 2, "Flood Plain and Environmental Areas" as being within the flood plain of the Grand River, Schneider Creek and their tributaries. The purpose of the Official Plan Amendment is to replace existing policies dealing with flood plain lands with new policies which reflect the Provincial Flood Plain Planning Policy Statement. The proposed policies would allow for use of a One-Zone/Two-Zone policy concept in Kitchener and would designate certain areas within the City as Two-Zone Flood Plain Policy Areas. The effect of this Official Plan Amendment would be to prohibit new development in One Zone Flood Plain Policy Areas, permit limited infill development in Two-Zone Flood Plain Policy Areas and allow for application of the Comprehensive Zoning By-law on all flood plain lands. The areas in Kitchener identified for application of the Two-Zone Flood Plain Policy are as follows (affected Neighbourhoods in parentheses): a) Henry Sturm Greenway - Westmount Road to Schneider Creek (Victoria Hills, St. Mary's Hospital, Victoria Street, Victoria Park) b) Shoemaker Creek - Homer Watson Boulevard to Schneider Creek (Southdale, Mill Courtland-Woodside Park). c) Schneider Creek - Cherry Street to Victoria Park (Victoria Street, Victoria Park) - Victoria Park to Rockway Golf Course (Victoria Park, Mill Courtland-Woodside Park, Cedar Hill) PLANNING AND ECONOMIC - 188 - NOVEMBER 1, 1993 DEVELOPMENT COMMITTEE PD 107/93 - COMPREHENSIVE FLOOD PLAIN PLANNING POLICIES. - OFFICIAL PLAN AMENDMENT APPLICATION 93/2 - CITY INITIATED. -- AND -- PD 91/93 - REVISION TO BRIDGEPORT EAST SECONDARY PLAN. - BRIDGEPORT NORTH WARD. (CONT'D) - Homer Watson Park to Grand River (Trillium Industrial Park, Pioneer Park, Daan South, Upper and Lower Daan) d) Grand River - Bridgeport Dyked Area (Bridgeport East) Victoria Street North (Registered Plan 1677) All other Flood Plain lands within the City of Kitchener have been identified for application of the One-Zone Flood Plain Policy. Staff Report PD 107/93 recommends: approval of the Official Plan Amendment, that the Grand River Conservation Authority be advised that the City supports the Two-Zone Policy and accepts the Floodline Mapping for the Schneider Creek and its tributaries and that Council accepts the revised Floodline Mapping provided for the Grand River Conservation Authority for Bridgeport East. The proposed Flood Plain Policies will be implemented through Stages 6 and 7 of the Comprehensive Zoning By-law. With the exception of Bridgeport East and Doon South, all proposed Two-Zone Policy Areas are included within the area covered by Stage 6 rezoning. Both the Bridgeport East and Doon South Areas will be rezoned through Stage 7 of the Comprehensive Zoning By-law. The report points out that only two of three distinct approaches under the Provincial Policy Statement are applicable to Kitchener, being One-Zone Policy Areas and Two-Zone Policy Areas. One-Zone Policy Areas are relatively straightforward in their application and apply to all rural or undeveloped flood plain areas as well as developed urban flood plain areas where there is no possibility for further infilling or redevelopment. Existing uses located in the flood plain in a One- Zone Policy Area are generally permitted to continue and to undertake minor alterations provided they meet stringent floodproofing requirements. Two-Zone Policy Areas are applied selectively only to certain portions of the flood plain within a particular watershed where extensive development already exists and where there is significant potential for further infilling and redevelopment. The Two-Zone policy divides the flood plain into two components, the "floodway" and the "flood fringe". The floodway is the most dangerous part of the flood plain and is where the depth and velocity of flood flows is greatest. The flood fringe is the area which lies between the floodway and the Regulatory Floodline. The Committee was also in receipt of Planning and Development Staff Report PD 91/93 dated September 8, 1993 which proposes a revision to the Bridgeport East Secondary Plan, report PD 79/80. The proposed revision to the Bridgeport East Secondary Plan is being processed concurrently with the Amendment to the Official Plan to implement Provincial Flood Plain Policies including the Two-Zone Flood Concept in the Bridgeport East Area. It was noted in the report that recent changes in the Provincial Flood Plain Policies require implementation of a "Two-Zone" concept of land use regulations in flood prone areas of Bridgeport East. The policies divide the floodplain into two areas of potential flood depth being a Flood fringe area and a Floodway area. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. B. Stanley introduced this matter which responds to the Provincial Flood Plain Policy Statement under Section 3 of the Planning Act. He pointed out that the only way to implement a Two-Zone Policy was to develop detailed engineering data. He noted that an engineering study has been underway for over one year and policies have now been developed that facilitate implementation of the Provincial Flood Plain Policies. He stated that it was essential to have the Flood Policies in place PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 189 - NOVEMBER 1, 1993 PD 107/93 - COMPREHENSIVE FLOOD PLAIN PLANNING POLICIES. - OFFICIAL PLAN AMENDMENT APPLICATION 93/2 - CITY INITIATED. -- AND -- PD 91/93 - REVISION TO BRIDGEPORT EAST SECONDARY PLAN. - BRIDGEPORT NORTH WARD. (CONT'D) where they relate to lands affected under Stage 6 of the Comprehensive Zoning By-law. Mr. Stanley noted that extensive input was received respecting these policies. Mr. L. Masseo provided the Committee with a detailed explanation of the One-Zone approach which applies to the majority of properties and the Two-Zone approach which applies to specific areas. Mr. Masseo requested that the Committee accept a revision to Policy IV. 12.xiv under the Two-Zone Flood Plain Policies. He asked that under (xiv) the following sentence be added immediately after the second sentence of the policy to read as follows "public and private works which must locate in the flood plain by nature of their use shall be permitted in both the flood fringe and the floodway". In order to relate to the policies, Mayor D.V. Cardillo questioned how the policies relate to an addition to the MTD Products property. Mr. L. Masseo explained that MTD Products was located in a Two-Zone area with the bulk of the property being within the floodway rather than the flood fringe. He later explained that MTD Products was given a fill permit to allow for the requested expansion and noted that it was determined that the flood hydraulics would not be affected by the expansion. Councillor T. Galloway questioned the reference to Doon South in report PD 107/93 and Mr. L. Masseo advised that it refers to the Lower Doon Area. Councillor Galloway referred to recommendation 2.2 of the report dealing with the floodline mapping for the Schneider Creek and Mr. Masseo clarified that the mapping was established through complex engineering consideration and that it was the intent that the public meeting would deal with consideration of how to implement the Floodline Policies being considered this date. Councillor Galloway questioned if land owners in Lower Doon have had an opportunity to consider the policy and Mr. Masseo stated that other than at today's meeting owners had not have an opportunity to comment. In response to inquiry from Councillor M. Wagner, Mr. Masseo stated that property owners in all other Two Zone Areas have had an opportunity to review the impact of the policies in relation to consideration of Stage 6 of the Comprehensive Zoning By-law. He noted that the new by-law would give these properties in the floodway some legally permitted uses and the opportunity to allow some very minor use changes. Ms. C. Ladd commented that there has been a lot of public input as a result of advertised information meetings held with respect to consideration of Stage 6 and the same process would apply with respect to property owners affected by Stage 7. With regard to the Flood Plain Policies she noted that they have allowed for some movement on use issues without requiring a zone change. In response to a question from Councillor C. Zehr, Mr. L. Masseo advised that the significant changes taking place are in Two-Zone Areas. Mr. B. Stanley commented on the history of Official Plan Policy as its relates to flood plain issues. In respect to One-Zone areas he stated that no significant change would be taking place from the restrictions that were established since 1976. He stated that change will be authorized through the detailed mapping that has been done and that the real change would then followed with implementation of zoning and the direct impact of zoning on individual properties. Councillor T. Galloway expressed concern that in the case of Lower Doon when Stage 7 is considered whether or not the residents would be aware that there were some specific policies that would relate to their properties. Ms. C. Ladd explained the approach that staff took with respect to Stage 6 and Mr. T. McCabe advised that the letter to residents respecting Stage 7 would make reference to and discuss Flood Plain issues. No delegations responded to the Chairman's invitation to address the Committee on thess matters. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 190 - NOVEMBER 1, 1993 PD 107/93 - COMPREHENSIVE FLOOD PLAIN PLANNING POLICIES. - OFFICIAL PLAN AMENDMENT APPLICATION 93/2 - CITY INITIATED. -- AND -- PD 91/93 - REVISION TO BRIDGEPORT EAST SECONDARY PLAN. - BRIDGEPORT NORTH WARD. (CONT'D) Staff Report PD 107/93 and the attached Amendment to the Official Plan was then considered. The Committee agreed to revise the recommendation relative to the Amendment in accordance with the request of Mr. Masseo. The recommendations, as revised, were then considered. On motion by Councillor B. Stortz, it was resolved: "1, That City Council approve Official Plan Amendment Application 93/2, being an amendment to the Kitchener Official Plan to adopt Comprehensive Flood Plain policies, as listed herein and the by-law implimenting same be approved, namely: SECTION 4 - THE AMENDMENT The Official Plan of the City of Kitchener is hereby Amended as follows: Map 1, "Plan for Land Use" is amended as shown on the attached Schedules "A-I", "A-2" and "A-3". Map 2, "Flood Plain and Environmental Areas" is amended as shown on the attached Schedule "B". Section IV.8, "Comprehensive Planning Principles and Policies - Open Space" is amended by deleting Policy xxviii). Section IV. 11, "Comprehensive Planning Principles and Policies - Policies for Specific Areas" is amended by deleting the first sentence of Policy xxiv) so that it reads as follows: Further eastward extension of Grand Avenue, including the industrial area, shall not be permitted so as to protect the existing residential uses along Stanley Avenue and Schweitzer Street. Grand Avenue shall not be extended through to Stanley Avenue or Bloomingdale Road." Section IV. 11, "Comprehensive Planning Principles and Policies - Policies for Specific Areas" is amended by deleting Policy xxv). Section IV. 11, "Comprehensive Planning Principles and Policies - Policies for Specific Areas" is amended by deleting Policy Ixiii). Section IV. 11, "Comprehensive Planning Principles and Policies - Policies for Specific Areas" is amended by deleting Policy Ixxxii) and replacing it with the following: It is the intent of this designation to secure the long term conservation of the existing rural and historic character of the Upper Doon Neighbourhood in conformity with Policy IV.l.vii). Within this Specific Policy Area, two land use designations apply: "Low Density Residential" and "Major Open Space. The "Low Density Residential" designation and these policies pertain to all properties with frontage on Doon Village Road from Homer Watson Boulevard to Doonbrook Place, and properties with frontage on Oregon Drive, Wilfong Drive, Mitierra Drive, and Tilt Drive that are located within the flood fringe of the Schneider, Strasburg and Doon Creeks as defined by the Grand River Conservation Authority. Within those areas designated "Low Density Residential", permitted uses are restricted to single detached residential dwellings and accessory uses; home occupations and associated parks, public recreational facilities, municipal services and utilities. In addition, row dwellings, multiple dwellings, churches, and schools which exist as of January 1, 1988 are permitted. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 191 - NOVEMBER 1, 1993 PD 107/93 - COMPREHENSIVE FLOOD PLAIN PLANNING POLICIES. - OFFICIAL PLAN AMENDMENT APPLICATION 93/2 - CITY INITIATED. -- AND -- PD 91/93 - REVISION TO BRIDGEPORT EAST SECONDARY PLAN. - BRIDGEPORT NORTH WARD. (CONT'D) New development shall be serviced by private sewage disposal systems and municipal water supply. New lots may be created by consent where such lots have existing frontage on a public road or by Plan of Subdivision in accordance with the policies and regulations of the Upper Doon Secondary Plan, the Upper Doon Heritage Conservation District Plan and the Grand River Conservation Authority. All sewage disposal systems must be approved by the Regional Medical Officer of Health prior to the issuance of building permits. All new lots shall be planned at a density not exceeding 4.94 units per hectare (2 units per acre)." Section IV. 11, "Comprehensive Planning Principles and Policies - Policies for Specific Areas" is amended by deleting Policy Ixxxiii) and replacing it with the following: Notwithstanding provisions of section IV. 12.xiv) new commercial and industrial development shall be permitted within the flood fringe of the Grand River abutting Victoria Street North provided a Fill, Construction and Alteration to Waterways Permit is issued by the Grand River Conservation Authority and all buildings are floodproofed to the Regulatory Flood elevation. No buildings or structures, outdoor storage or waste disposal facilities shall be permitted within the floodway. Outdoor storage accessory to industrial uses shall not be permitted within the flood fringe. Prohibited uses in the flood fringe shall include, beverage distillation; manufacturing of asbestos, phosphate or sulphur products; manufacturing, warehousing, mixing, blending, treatment, or similar processing of chemicals, synthetic rubber, plastic, asphalt, explosives or cement; processing, refining or storage of flammable liquids, petroleum or coal; processing, milling or packaging of animal feed; slaughtering, eviscerating, rendering or cleaning of meat, poultry or fish or by-products thereof; tanning or chemical processing of pelts or leather and vulcanizing or rubber or rubber products." Section IV. 12, "Comprehensive Planning Principles and Policies - Floodplain Policies" of the City of Kitchener Official Plan is deleted in its entirety and replaced with the following: "12. FLOOD PLAIN POLICIES Introduction The policies of this section regulate flood plain lands by restricting permitted uses located in the flood plain. The policies reflect Provincial criteria regarding flood plain development and are structured around a "One-Zone" and Two-Zone" concept. Two-Zone policies divide the flood plain into two distinct zones: the floodway, where no development is permitted; and the flood fringe, where a limited amount of development may be permitted subject to appropriate floodproofing measures. In addition to the Official Plan Policies, all flood plain lands are subject to the Fill, Construction and Alteration to Waterways Regulation administered by the Grand River Conservation Authority pursuant to the Conservation Authorities Act. General Policies The Regulatory Floodlines as determined by the Grand River Conservation Author- ity for the Grand River, Schneider Creek and their tributaries are shown on Map 2, "Flood Plain and Environmental Areas". The Regulatory Floodline is based on observed flooding as a result of Hurricane Hazel in 1954 with adjustments made for reservoir capacity. The precise delineation of the flood plain can be determined from flood plain PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 192 - NOVEMBER 1, 1993 PD 107/93 - COMPREHENSIVE FLOOD PLAIN PLANNING POLICIES. - OFFICIAL PLAN AMENDMENT APPLICATION 93/2 - CITY INITIATED. -- AND -- PD 91/93 - REVISION TO BRIDGEPORT EAST SECONDARY PLAN. - BRIDGEPORT NORTH WARD. (CONT'D) mapping available through the Grand River Conservation Authority or through reference to specific Watershed Studies and Master Drainage Plans. ii) Map 2, "Flood Plain and Environmental Areas" identifies both One-Zone and Two- Zone Policy Areas. In Two-Zone Policy Areas, the flood plain is divided into two zones; the floodway and the flood fringe. Limited development may be permitted in the flood fringe provided appropriate floodproofing measures are taken. iii) Notwithstanding any other policy in this Plan, new development associated with institutional uses such as hospitals, nursing homes, senior citizen residential buildings, schools for the education of children or persons with mental and/or physical disabilities, day care centres, residential care facilities or other similar uses which would pose a significant threat to the safety of the inhabitants if involved in an emergency evacuation in the event of flooding shall not be permitted to locate within the Regulatory Flood Plain. Existing facilities of this nature which are located in the flood plain will be permitted to continue in operation. Minor additions or alterations may be permitted subject to the approval of the City of Kitchener and the Grand River Conservation Authority. iv) New development associated with essential or protective services such as police, fire, ambulance or major electrical substations shall not be permitted to locate within the Regulatory Flood Plain. Existing facilities of this nature which are located in the flood plain will be permitted to continue in operation. Minor additions or alterations may be permitted subject to approval by the City of Kitchener and the Grand River Conservation Authority. v) New development associated with the manufacture, use or storage of substances of a chemical, hazardous or toxic nature, which would pose an unacceptable threat to public safety if damaged as a result of flooding or failure of floodproofing measures shall not be permitted to locate within the Regulatory Flood Plain. vi) Structures which are replaced or reconstructed as a result of fire or other unusual loss will generally be floodproofed to the Regulatory Flood elevation with reductions as determined feasible by the Grand River Conservation Authority. Where a structure is being replaced, a change in the existing footprint may be considered provided such change would improve the hydraulic impacts created by the original structure and the footprint is not greater in area than the original structure. In no case shall buildings be replaced with floodproofing lower than the One Hundred Year flood elevation. vii) Private sewage disposal systems shall not be permitted within the floodway portion of the flood plain. Where private sewage disposal systems are proposed within the flood fringe, an assessment of the site in consultation with the Grand River Conservation Authority will be undertaken to ensure that the system will not be adversely affected by incidental flooding. One-Zone Flood Plain Policies One-Zone Flood Plain Policies apply to the areas identified as One-Zone Policy Areas on Map 2, "Flood Plain and Environmental Areas". The One-Zone designation includes all lands within the limits of the Regulatory Flood Plain. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 193 - NOVEMBER 1, 1993 PD 107/93 - COMPREHENSIVE FLOOD PLAIN PLANNING POLICIES. - OFFICIAL PLAN AMENDMENT APPLICATION 93/2 - CITY INITIATED. -- AND -- PD 91/93 - REVISION TO BRIDGEPORT EAST SECONDARY PLAN. - BRIDGEPORT NORTH WARD. (CONT'D) ix) No new development shall be permitted in a One-Zone Policy Area designation except those uses which include open space for public and private recreation, agricultural uses for cropland and livestock and buildings or structures directly related to the agricultural use, aggregate extraction save and except buildings or structures, public and private works that must locate in the flood plain by nature of their use, and buildings operated by a public authority that are normally associated with the proper management of the natural environment. x) Notwithstanding the above, minor expansions and minor alterations may be undertaken on buildings existing in the flood plain at the time of adoption of this Amendment provided that: a) No adverse affects on the hydraulic characteristics of flood flows as determined by the Grand River Conservation Authority will occur. b) No new dwelling units are created. c) No new floor space created within the flood plain, including basements, shall be below the elevation of existing first floor space. d) Such renovations, additions and alterations including mechanical and electrical services are generally floodproofed to the Regulatory Flood elevation. Under certain circumstances, reductions in the level of flood proofing may be permitted where deemed appropriate by the Grand River Conservation Authority. The creation of new habitable floor space or rooms will not be permitted below the elevation of the existing first floor. Two-Zone Flood Plain Policies xi) Two-Zone Flood Plain Policies apply to the areas identified as Two-Zone Policy Areas on Map 2. "Flood Plain and Environmental Areas". The Two-Zone floodway - flood fringe concept is selectively applied to portions of the flood plain where significant development exists and that could support further infill development with no adverse impacts. xii) In determining the extent and location of the Two-Zone Policy Areas, it was established that the Two-Zone Flood Plain Policies would apply to areas of existing development only. Two-Zone Flood Plain Policies shall not apply to rural areas or areas under active subdivision development. Under the Two-Zone concept, the flood way and the flood fringe shall be identified as follows: a) Floodway - the hazardous portion of the flood plain where flood depths and/or velocities are considered to be such that they pose a significant threat to life and/or property. In Kitchener, the floodway is generally defined as the area required for the safe passage of the Regulatory Flood. In all circumstances the floodway will be accurately delineated by the Grand River Conservation Authority based on depth and velocity parameters. b) Flood fringe - the portion of the flood plain between the limits of the floodway as defined by the Grand River Conservation Authority and the Regulatory Floodline. Flood depth and velocity is generally less severe in this portion of the flood plain. PLANNING AND ECONOMIC - 194 - NOVEMBER 1, 1993 DEVELOPMENT COMMITTEE PD 107/93 - COMPREHENSIVE FLOOD PLAIN PLANNING POLICIES. - OFFICIAL PLAN AMENDMENT APPLICATION 93/2 - CITY INITIATED. -- AND -- PD 91/93 - REVISION TO BRIDGEPORT EAST SECONDARY PLAN. - BRIDGEPORT NORTH WARD. (CONT'D) xJv) Development in the flood fringe will be restricted to infilling, redevelopment or replacement of existing buildings or structures, and major additions or alterations to existing buildings as of the date of adoption of this Amendment. Development in the floodway shall be restricted to minor expansions and minor alterations to buildings existing as of the date of adoption of this Amendment provided no new dwelling units are created. Public and private works which must locate in the flood plain by nature of their use shall be permitted in both the flood fringe and the floodway. With the exception of consents for mortgage purposes or to subdivide existing dwellings, no new land severances will be permitted in the floodway portion of the flood plain. xv) New development which conforms to Policy xiv) above may be permitted within the flood plain provided that the following conditions are met: a) A fill permit is issued by the Grand River Conservation Authority under the Fill, Construction and Alteration to Waterways Regulation on the basis that no adverse effects on the hydraulic characteristics of flood flows will occur. b) All new structures are suitably floodproofed to the Regulatory Flood level as determined by and to the satisfaction of the Grand River Conservation Authority and the City of Kitchener. c) All habitable floor space shall be constructed at or above the Regulatory Flood elevation and all essential building services (i.e. electrical, telephone, heating, etc.) be constructed at or above or protected to the Regulatory Flood elevation. d) The creation of any uninhabitable floor space below the Regulatory Flood elevation where there is the possibility of conversion to habitable floor space will not be permitted. e) Notwithstanding (d) above, the creation of uninhabitable floor space below the Regulatory Flood elevation may be permitted if it is associated with a multi-unit residential, commercial, industrial or other non-residential development. Such areas in a multiple residential development may include foyers, recreation rooms, communal storage areas, or other uninhabitable floor space that is nor- mally associated with this type of development. All such floor space in any development must be floodproofed to the Regulatory Flood elevation with the maintenance of safe access ensured. f) Ingress/egress for all new habitable buildings located in the flood fringe shall be such that emergency vehicular and pedestrian movement is not prevented during times of flooding in order that safe access/evacuation is ensured. The determination of "safe" access shall be made by the Grand River Conservation Authority based on the depth and velocity factors as they affect individual sites. g) Conversions on non-residential buildings in the flood fringe to residential use may be permitted provided that the requirements of (a) through (f) above are satisfied. PLANNING AND ECONOMIC - 195 - NOVEMBER 1, 1993 DEVELOPMENT COMMITTEE PD 107/93 - COMPREHENSIVE FLOOD PLAIN PLANNING POLICIES. - OFFICIAL PLAN AMENDMENT APPLICATION 93/2 - CITY INITIATED. -- AND -- PD 91/93 - REVISION TO BRIDGEPORT EAST SECONDARY PLAN. - BRIDGEPORT NORTH WARD. (CONT'D) xvJ) Unless specifically permitted in a particular Secondary Plan, enclosed under- ground parking facilities will be prohibited within the Regulatory Flood Plain in Two-Zone Flood Plain areas. Where enclosed underground parking facilities are provided for in a Secondary Plan, the installation of stringent floodproofing measures to the elevation of the Regulatory Floodline will be required. Implementation xvJJ) All lands identified as being within the Regulatory Flood Plain on Map 2, "Flood Plain and Environmental Areas" shall be indicated in the Zoning By-law in order to reflect their condition of flood susceptibility and to allow for the implementation of the Two-Zone Flood Plain Policy. xviii) No site plan shall be approved or building permit issued unless it is in conformity with the policies of this Plan and appropriate consent is given by the Grand River Conservation Authority through the issuance of a fill permit under the Fill, Construction and Alteration to Waterways Regulation. xix) The lands identified by this Plan as being within the Regulatory Flood Plain in One-Zone Policy Areas shall be designated and zoned as follows: a) All vacant or otherwise undeveloped lands existing at the time of adoption of this Amendment shall be designated Major Open Space and zoned P-3 (Hazard Land Zone) by Zoning By-law 85-1. b) All lands where development exists at the time of adoption of this Amendment shall be designated Major Open Space and zoned E-1 (Existing Use Zone) by Zoning By-law 85-1. Such zoning category shall recognize legally existing development and allow for minor expansions and alterations provided no adverse effects will be had on the hydraulics or storage capacity of the floodway and subject to the issuance of a "Fill, Construction and Alteration to Waterways Permit" and the implementation of floodproofing measures as deemed necessary by the Grand River Conservation Authority. Any application for expansion or alteration to an existing building will evoke a review of any existing outdoor storage areas. xx) The lands identified by this Plan as being within the Regulatory Flood Plain in Two-Zone Policy Areas shall be designated and zoned as follows: a) All vacant or otherwise undeveloped lands in the floodway portion of the flood plain at the time of adoption of this Amendment shall be designated Major Open Space and zoned P-3 (Hazard Land Zone) or P-2 (Open Space Zone) by Zoning By-law 85-1. b) All lands where development exists in the floodway portion of the flood plain at the time of adoption of this Amendment shall be designated Major Open Space and zoned E-1 (Existing Use Zone) by Zoning By-law 85-1. Such zoning category shall recognize legally existing development and allow for minor expansions and alterations provided no adverse effects will be had on the hydraulics or storage capacity of the floodway and subject to the issuance of a "Fill, Construction and Alteration to Waterways Permit" and the implementation of floodproofing measures as deemed necessary by the PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 196 - NOVEMBER 1, 1993 PD 107/93 - COMPREHENSIVE FLOOD PLAIN PLANNING POLICIES. - OFFICIAL PLAN AMENDMENT APPLICATION 93/2 - CITY INITIATED. -- AND -- PD 91/93 - REVISION TO BRIDGEPORT EAST SECONDARY PLAN. - BRIDGEPORT NORTH WARD. (CONT'D) Grand River Conservation Authority. Any application for expansion or alteration to an existing building will evoke a review of any existing outdoor storage areas. c) All lands located within the flood fringe portion of the flood plain shall be designated for the appropriate use and shall be zoned accordingly. The suffix "(1R)" shall be applied to the zoning category and shall serve as notice that properties so zoned shall be constrained beyond the regulations of the Zoning By-law. In this circumstance, new development, expansions or alterations shall be subject to implementation of floodproofing measures as deemed necessary by the Grand River Conservation Authority and the issuance of a "Fill, Construction and Alteration to Waterways Permit". xxi) On lands zoned for Existing Use (E-l) a change in use may be permitted through a Zone Change 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. A change in use will evoke a review of any existing outside storage areas. A permitted use within a Convenience Commercial or Neighbourhood Commercial Plaza may change to any other permitted use within the same designation without a Zone Change. xxii) For the purpose of determining boundaries within the zoning by-law, the following guidelines shall apply: a) Zone lines that are intended to indicate the floodway shall follow actual floodline contours and limits of encroachment as provided by the Grand River Conservation Authority. b) On lands within the flood fringe portion of the flood plain where only a portion of the lot is within the Regulatory Floodline and no part of the potential building envelope is within the Regulatory Floodline, the entire lot shall be considered to be outside the flood plain. c) On lands within the flood fringe portion of the flood plain where a portion of the lot and any part of the potential building envelope is within the Regulatory Floodline, the entire lot shall for the purposes of zoning, be con- sidered to be within the flood fringe and shall receive the zoning suffix "(IR)". Notwithstanding the policies contained in this Plan, where it has been determined by the Grand River Conservation Authority that development in any part of the flood plain would pose an unacceptable threat to life and/or property, such development will not be permitted." 10. Section V. 10, "Plan for Land Use - Major Open Space" is deleted in its entirety and replaced with the following: MAJOR OPEN SPACE The Major Open Space designation is a category that permits those uses which fulfil at least one of the following objectives: i) The provision of outdoor recreation, PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 197 - NOVEMBER 1, 1993 PD 107/93 - COMPREHENSIVE FLOOD PLAIN PLANNING POLICIES. - OFFICIAL PLAN AMENDMENT APPLICATION 93/2 - CITY INITIATED. -- AND -- PD 91/93 - REVISION TO BRIDGEPORT EAST SECONDARY PLAN. - BRIDGEPORT NORTH WARD. (CONT'D) ii) The preservation and enjoyment of distinctive natural features, iii) The enhancement of the urban environment by the introduction of open land or water as interruption to urban development patterns. Areas designated as Major Open Space are those which are best suited for the above objectives and include areas of outstanding topographical features, areas containing bodies of water or significant natural vegetation, areas already developed or intended to be developed for formal parks and recreational activities and Environmentally Sensitive Policy Areas as designated in the Regional Official Policies Plan, as well as Ecologically Significant Areas as identified by the City's Master Plan for Parks, Open Space and Recreation Facilities. They include lands which have steep slopes, organic soils, poor drainage or flood susceptibility which will be regarded as Hazard Lands. Certain lands, although physically suited for urban development may also be designated Major Open Space in the public interest. In addition to hazard lands described above, the Major Open Space designation shall apply to those lands located within the floodway portion of the flood plain in areas identified as Two-Zone Policy Areas on Map 2, "Flood Plain and Environmental Areas". In Major Open Space areas also designated as Two-Zone Policy Areas (with the exception of those also designated as Environmentally Sensitive Policy Areas), the intent of the Major Open Space designation is to recognize the danger associated with the floodway portion of the flood plain through the prohibition of new urban development while recognizing the presence of existing urban development within 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 through a Zone Change 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. A permitted use within a Convenience Commercial or Neighbourhood Commercial Plaza may change to any other permitted use within the same designation without a Zone Change. The boundaries of the Major Open Space designation will be more precisely delineated in the Comprehensive Zoning By-law using detailed mapping from the Grand River Conservation Authority. The Major Open Space category does not include neighbourhood or local parks on the general Plan for Land Use. However, these would be designated as Open Space in the Secondary Plan. The major permitted use in the Open Space category is recreation, including the necessary buildings and structures. Recreational uses may include enjoyment of an area in its natural state (passive recreation) as well as more organized types of sports and activity (active recreation). Ancillary uses of land may be permitted in the Major Open Space category provided they do not detract from the amenities of the area. These uses may include forestry and horticulture, public utilities and cemeteries. Where the Major Open Space category is also designated as an Environmentally Sensitive Policy Area, the following legal use of land and buildings may be permitted if permitted by City Zoning By-laws at the time the Regional Official Policies Plan was approved by the Minister of Housing; December 7, 1976. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 198 - NOVEMBER 1, 1993 PD 107/93 - COMPREHENSIVE FLOOD PLAIN PLANNING POLICIES. - OFFICIAL PLAN AMENDMENT APPLICATION 93/2 - CITY INITIATED. -- AND -- PD 91/93 - REVISION TO BRIDGEPORT EAST SECONDARY PLAN. - BRIDGEPORT NORTH WARD. (CONT'D) a) Farming operations and the expansion of same under City Zoning By-laws and policies and regulations of other government agencies. b) Management and the harvest of timber of a woodlot under agreement pursuant to the Provincial Woodland Improvement Act and Forestry Act. c) Use of wood and the harvest of timber in conformity to the Regional Tree Cutting By- law for the owner's personal use for fence posts, firewood and/or construction. d) Construction or expansion of a residence on a legally separated parcel of land existing at the time of the approval of the Regional Official Policies Plan by the Provincial Minister of Housing on December 7, 1976, subject to other policies in this Plan, City Zoning By-laws, and policies and regulations of other government agencies, and a site plan indicating the location of the residence on the legally separated parcel. e) The construction or expansion of a building on existing cleared land contiguous to or within an Environmentally Sensitive Policy Area so long as it does not physically and biologically affect the sensitive area and is in conformity to this Plan, City Zoning By- laws, and policies and regulations of other government agencies. f) The main use of the area as a private garden or a private woodlot ancillary to the main use. g) The use of the area for an approved forest and wildlife management project. Where the Major Open Space category is not also designated as a Two-Zone Policy Area or an Environmentally Sensitive Policy Area, the legal use of land and buildings for farming operations and the expansion of same under City Zoning By-laws may be permitted. Further, construction or expansion of a residence on a legally separated parcel of land may be permitted in the Major Open Space category subject to other policies in this Plan and the Regional Official Policies Plan, Secondary plan containing policies governing woodlot use, approved ecological studies and tree saving plans, policies and regulations of other government agencies, and a site plan indicating the location of the residence on the legally separated parcel." 11. Section V. 11, "Plan for Land Use - Existing Development Below Regional Floodline" is deleted in its entirety. It is the opinion of this Committee that the approval of this Amendment to the City's Approved Official Plan is proper planning for the City. -- and -- That City Council inform the Grand River Conservation Authority that it is in support of a Two-Zone Policy Area concept in Kitchener and that it accepts the floodline mapping for the Schneider Creek and its tributaries as provided by the Grand River Conservation Authority and Paragon Engineering Limited through the Schneider Creek Floodline Mapping Study (October, 1993). -- and -- That City Council accept the revised floodline mapping provided for the Grand River Conservation Authority for Bridgeport East." PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 199 - NOVEMBER 1, 1993 PD 107/93 - COMPREHENSIVE FLOOD PLAIN PLANNING POLICIES. - OFFICIAL PLAN AMENDMENT APPLICATION 93/2 - CITY INITIATED. -- AND -- PD 91/93 - REVISION TO BRIDGEPORT EAST SECONDARY PLAN. - BRIDGEPORT NORTH WARD. (CONT'D) Councillor M. Yantzi previously disclosed a conflict of interest and abstained from all discussion and voting as his home is situated within a flood plain area adjacent to Victoria Park Lake. Staff Report PD 91/93 was then considered. On motion by Councillor B. Stortz, it was resolved: "That the Bridgeport East Secondary Plan be revised as follows: 1 By the addition of the following new Policy: 5.10.11 The Open Space designation in Bridgeport East shall apply to vacant public open space lands adjacent to the Grand River as well as to areas of existing development within the Floodway of the Grand River. The designation is applied over existing development to recognize the potential for major flooding in this area further to Policy 5.13 of this Plan. 2) By deleting the existing Floodplain Policies contained in Section 5.13 of the Plan and replacing them with the following: 5.13 Land Use Below the Regional Floodline 5.13.1 That lands in Bridgeport East within the Floodway of the Grand River be designated Major Open Space. These lands are subject to Section V. 10, Major Open Space and Section IV. 12, Floodplain Policies of the Kitchener Official Plan. These lands are in an area where emergency vehicles and average adult pedestrians cannot effectively manoeuvre during a Regional Storm due to potential flooding over 80 cm deep or a water velocity over 0.4m/sec. 5.13.2 That lands in Bridgeport East within the Floodfringe of the Grand River be subject to Section IV. 12.xiv Floodplain Policies of the Kitchener Official Plan. These lands will have a potential flood depth of up to 80cm, a water velocity less than 0.4m/sec. and would allow operation of emergency vehicles and movement by average adult pedestrians during a Regional Storm. These lands will require a Fill permit from the Grand River Conservation Authority for any infilling, redevelopment or additions to properties within this area. 3) By revising Map A - Land Use as shown on the attached Map A. It is the opinion of this Committee that the approval of this revision to the Secondary Plan is proper planning for the City." The Chairman advised that these resolutions would be considered by City Council at its meeting to be held on Monday, November 8, 1993. ADJOURNMENT On motion, the meeting adjourned at 4:30 p.m. L.W. Neil, AMCT Assistant City Clerk