Loading...
HomeMy WebLinkAboutPlng & Econ Dev - 1994-10-31PED\1994-10-31 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 31, 1994 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:03 p.m. under the Chairmanship of Councillor C. Weylie, with the following members present: Councillors B. Stortz, M. Wagner, M. Yantzi, J. Smola, J. Ziegler, T. Galloway, and G. Lorentz. Mayor D.V. Cardillo and Councillor C. Zehr entered the meeting after its commencement. Officials present: Mr. T. McKay, Mr. T. McCabe, Mr. G. Borovilos, Mr. D. Corks, Mr. J. Shivas, Mr. B. Stanley, Mr. J. Witmer, Mr. D. Mansell, Mr. D. Snow, Mr. B. Liddle, Ms. D. Arnold, Mr. K. Tribby and Mr. L.W. Neil. 1. - REQUEST FOR EXTENDED CLOSING DATE - AGREEMENT OF PURCHASE AND SALE - lAN COOK CONSTRUCTION LIMITED IN TRUST - PART OF PARTS 2, 18 and 19, REFERENCE PLAN 58R-7231 - PHASE 1, LANCASTER CORPORATE CENTRE - BRIDGEPORT-NORTH WARD The Committee was in receipt of a memorandum dated October 26, 1994 from Mr. G. Borovilos advising that Mr. lan Cook, President of lan Cook Construction Limited, has requested an extension on the scheduled closing date of December 1, 1994 to February 15, 1995 respecting the purchase of part of Parts 2, 18 and 19, Reference Plan 58R-7231 in Phase 1 of the Lancaster Corporate Centre. The reasons for the extension were itemized in the memorandum. Mr. G. Borovilos advised that he had nothing further to add to the report under consideration and requested the Committee support the extension. No delegations were registered respecting this matter. On motion by Councillor M. Wagner, it was resolved: "That the City agrees to extend the closing date of its agreement of purchase and sale dated May 15, 1994 with lan Cook Construction Limited, in Trust from December 1, 1994 to February 15, 1995 with all other terms and conditions to remain the same and time to continue of the essence." The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, November 7, 1994. 2.- 2 LANCASTER STREET EAST - WATERLOO CONDOMINIUM CORPORATION #202 (QUEEN'S HEIGHTS) - ENCROACHMENT AGREEMENT RE - LANCASTER STREET ROAD ALLOWANCE - CENTRE WARD Councillor T. Galloway disclosed a pecuniary conflict of interest and abstained from all discussion as his parents own a unit within this condominium property. The Committee was in receipt of a memorandum dated October 28, 1994 from Mr. J. Shivas advising that he had met with Mr. Bob Durham who represents the condominium corporation and resolved acceptable terms of an encroachment agreement on the Lancaster Street road allowance which meets with the approval of Engineering and Traffic staff. He advised that Mr. Durham and Ms. Wiegel were in attendance in support of the staff recommendation. On motion by Councillor B. Stortz, it was resolved: "That the Mayor and Clerk be authorized to execute an agreement dated October 26, 1994 with Waterloo Condominium Corporation 202 at 2 Lancaster Street East to permit the encroachment of landscaping, sidewalks, steps, rails and retaining walls on the Lancaster Street East road allowance." PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 31, 1994 - 204 - CITY OF KITCHENER 2.- 2 LANCASTER STREET EAST - WATERLOO CONDOMINIUM CORPORATION #202 (QUEEN'S HEIGHTS) - ENCROACHMENT AGREEMENT RE - LANCASTER STREET ROAD ALLOWANCE - CENTRE WARD (CONT'D) Councillor T. Galloway previously disclosed a pecuniary conflict of interest and abstained from all discussion and voting as his parents own a unit in this condominium property. The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, November 7, 1994. 3.PRESENTATION - ALIGNMENT OF FISCHER-HALLMAN ROAD EXTENSION - OTTAWA STREET SOUTH TO BLEAMS ROAD - PARAGON ENGINEERING - SOUTH WARD Mr. Gary Leveck, Paragon Engineering, appeared as a delegation to present details of the proposed alignment of the Fischer-Hallman Road extension from Ottawa Street South to Bleams Road. Also attending were Mr. Frank Vincent, Region of Waterloo and Mr. John Bailey, Paragon Engineering. Mr. Leveck noted that the origins of this road extension date back to the Fischer-Hallman Road/University Avenue Study undertaken in 1978. Mayor D.V. Cardillo entered the meeting at this point. Mr. Leveck pointed out that substantial development plans have evolved based on the extension alignment proposed in the 1978 report. He then commented on various aspects affecting data gathering for the current study and noted that Paragon Engineering has completed the Environmental Assessment Process with respect to the proposed extension. Mr. Leveck also commented on the quickly increasing levels of traffic growth and congestion in the area of the extension and provided comparative data on the current number of vehicles utilizing Westmount Road, Ottawa Street South, and Williamsburg Road at present and in the future both with and without an extension of Fischer-Hallman Road. He noted that traffic volumes justify the extension and he illustrated the possible alignment alternatives and the preferred alignment design developed in 1978 but with minor modification. He pointed out that the project provides for a significant level of improvements for the Ottawa Street South at Fischer-Hallman Road intersection, construction of noise barriers along the rear of Dinison Crescent properties adjacent to the extension and provision of bicycle lanes as part of the road allowance. Finally he noted that the extension was listed in the Region of Waterloo Capital Program for the year 2002. However, given problems associated with such delay, discussions have been held with developers as to staging of development of adjacent lands and the early need for the extension. Mr. Leveck advised that there was agreement that Cybau Holdings would construct the Fischer-Hallman Road extension from Ottawa Street South to proposed subdivision street "D" with further construction of the extension dependent on the level of unit residential sales. Max Becker Enterprises would construct part of the extension to the south. Mr. Vincent clarified that it was now being suggested Cybau phase the extension construction with the first phase being from Ottawa Street South to Groh Drive and the second phase being from Groh Drive to proposed subdivision street "D". Councillor G. Lorentz disclosed a conflict of interest and abstained from all discussion as his parents own property in the vicinity of the Fischer-Hallman Road extension alignment. Mr. T. McCabe noted that staging and access issues would be negotiated and it was clarified that staging of the extension would be dealt with as part of the subdivision process. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, appeared as a delegation on behalf of Cybau Holdings Inc., which has participated in the study and front ended a portion of the study costs. He stated that staging of the extension was essential and requested the Committee support the following: the extension alignment in principle, staging with details to be worked out and request the Region to expedite the project by advancing it from the year 2002 to 1997. Such 3.PRESENTATION - ALIGNMENT OF FISCHER-HALLMAN ROAD EXTENSION - OTTAWA STREET SOUTH TO BLEAMS ROAD PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 31, 1994 - 205 - CITY OF KITCHENER - PARAGON ENGINEERING - SOUTH WARD (CONT'D) advancement would coincide with subdivision staging and open up other creative ways to front end financing of the extension costs. In response to Councillor T. Galloway, Mr. Britton gave examples of the City's approach and the Region's approach to front end financing of project costs and referenced the Region's discount policy. Mr. T. McCabe provided a comment respecting integration of the Region's Capital Funding and integrated development. He advised that he was not comfortable with identifying this project as a priority and suggested the request be referred to the Region and City traffic staff to consider. Mr. D. Snow commented that it was premature for Kitchener to support the preferred alignment prior to the holding of a public meeting in this regard. In response to Councillor J. Ziegler, Mr. Snow advised that staff anticipate receiving the Region's list of Capital Road Projects shortly and would review all issues including financing. Councillor T. Galloway advised that he had no concerns with the alignment as of this date and that he was pleased with the agreements in principle reached thus far. He did comment it was unfair to ask only two developers to front end a large portion of the project costs given the general growth in the area that has already taken place. By general consent the Committee indicated it would take no action on Mr. Britton's request. At this time, Mr. G. Leveck took the opportunity to update the Committee on the plans for the widening of Fischer-Hallman Road from Victoria Street South to Erb Street in Waterloo. He noted that upgrade of the Erb Street intersection would be done in 1994 and two bridges as well as the road widening would be complete by the end of 1995. He did express concern over possible delay in obtaining approval for the bridge project over the railway tracks. 4. PD 94/105 - ENHANCEMENT OF ENFORCEMENT SERVICES - AMENDMENTS TO COUNCIL POLICY RESOLUTION 1-654 The Committee was in receipt of Planning and Development Staff Report PD 94/105 dated October 18, 1994 dealing with Enhancement of Enforcement Services and consequent recommended amendments to Council Policy Resolution 1-654. Mr. T. McCabe advised that a group, including Council representation, was formed last year to work out more streamlined and efficient procedures in respect to By-law Enforcement. Mr. K. Tribby highlighted the more substantial policy changes contained within the report referring specifically to changes to clauses l(f), 4 and 5 and noted that the remainder of the proposed changes were considered to be minor. He proposed at this time that the words in clause l(f) be revised from apparent, readily observable violations to highly visible violations. Councillor J. Ziegler referred to Appendix B attached to the staff report and questioned how the complaint emphasis was changing. Mr. Tribby replied that there was no intent to change the emphasis. Councillor Ziegler stated that it has been the City's practice to advise people that enforcement was on complaint only and it was unnecessary to "rock the boat" if no one was complaining about a situation. Mr. J. Witmer advised that it was clearly staffs intention to deal directly with complaints first but that if staff were out in the field in this regard and also observe a highly visible violation, the necessary complaint process would be initiated by staff in that instance. Question and concern was raised with regard to repeat offenders and definition of same. Mr. K. Tribby replied that the wording was broad enough to allow staff to use latitude in their approach. 4. PD 94/105 - ENHANCEMENT OF ENFORCEMENT SERVICES - AMENDMENTS TO COUNCIL POLICY RESOLUTION 1-654 (CONT'D) The level of fines assessed for repeated offenses was questioned and Ms. D. Arnold advised that court PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 31, 1994 - 206 - CITY OF KITCHENER fines for second convictions have escalated in recent years. Further, she advised that the City could appeal the level of fine on conviction for a first offence if the fine was considered by the City to be too Iow. Councillor M. Wagner commented that the convictions and level of fines could be monitored. He then questioned how the City planned to notify the public of its enforcement policy. Mr. T. McCabe advised that to date staff have not been as proactive in education as they wish to be but plan to appraise neighbourhood associations in 1995 of new policy and advertise the new policy in various ways. Councillor T. Galloway commented that he was nervous in regard to clause l(f) as was Councillor Ziegler in that he was not sure what guidelines were being applied. Further he questioned if the City might be building up an expectation on the part of the public that they do not need to complain as by-law enforcement officers will act in any event. Councillors G. Lorentz, B. Stortz and J. Smola were of the view that staff should be allowed to exercise common sense decisions to address major violations. Councillor J. Ziegler stated that he was opposed to a sentence in policy clause 4 and moved that the clause be revised by deleting the following sentence: "For the purposes of this policy, first-time, alleged offenders shall be persons who Enforcement Staff are satisfied were unaware of the applicable regulations prior to the date of the alleged violation". Mr. T. McCabe advised that staff were not opposed to the deletion and commented that if staff were not reasonable in not using common sense in their approach there was a check through the Legal Department to draw attention to such activity. He stated that staff understood there was a need for the policy to be reasonable. The staff report was then considered. The revision requested by Mr. K. Tribby to change wording in clause l(f) and the sentence deletion proposed by Councillor J. Ziegler in clause #4 were agreed to. The report, as revised, was then considered. On motion by Councillor M. Wagner, it was resolved: "That Council Policy Resolution Number 1-654, entitled "Enforcement - By-laws," be rescinded and replaced with the amended draft policy dated October 18, 1994 attached as "Appendix A" to Staff Report PD 94/105, subject to: 1)Revision of clause l(f) to replace the words 'apparent, readily observable violations' with the words 'highly visible violations'. 2)Revision of clause 4 to delete the sentence 'For the purposes of this policy, first-time, alleged offenders shall be persons who Enforcement Staff are satisfied were unaware of the applicable regulations prior to the date of the alleged violation." The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, November 7, 1994. Councillor C. Zehr entered the meeting at this point. 5.PD 94/44 - 79 FERGUS AVENUE - ZONE CHANGE APPLICATION 941041FIPMc - WATERLOO REGIONAL CREDIT UNION - CHICOPEE WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from the Waterloo Regional Credit Union to change the zoning of lands known municipally as 79 Fergus Avenue. The proposed zoning change is from Restricted Residential (R2A) with special regulations (Centerville area) according to By-law 4830 to Community 5.PD 94/44 - 79 FERGUS AVENUE - ZONE CHANGE APPLICATION 941041FIPMc - WATERLOO REGIONAL CREDIT UNION - CHICOPEE WARD (CONT'D) Commercial Core Zone (C-4) according to By-law 85-1. In this regard the Committee considered PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 31, 1994 - 207 - CITY OF KITCHENER Planning and Development Staff Report PD 94/44 dated September 15, 1994 and the proposed by- law dated April 28, 1994 attached to the report. It was noted in the report that the purpose of the re- zoning is to permit the development of additional parking for the adjacent credit union/health office located at 1334-1336 Weber Street East. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. The staff report also pointed out that the subject property contains a one storey single detached dwelling that is proposed to be demolished to develop the proposed parking area. A Demolition Control Application is currently being processed under application DC 94/01/RM; a site plan for the proposed parking lot will be reviewed through this application. The Committee was advised that staff had nothing further to add to the report under consideration. Mr. D. Travers appeared as a delegation on behalf of the applicant and advised that his client was in agreement with the staff report. Councillor C. Zehr disclosed a conflict of interest and abstained from discussion as he was involved in a tenancy adjacent to the subject property for a period of six weeks. No other delegations responded to the Chairmans invitation to address the Committee on this matter. The recommendations in the staff report were then considered. On motion by Councillor B. Stortz, it was resolved: "That Zone Change Application 94/04/F/PMc (Waterloo Regional Credit Union) requesting a change in zoning from Restricted Residential with special regulations, Centerville area (R2A) according to By-law 4830 to Community Commercial Zone (C-4) according to By-law 85-1 on Part of Lot 31, Registered Plan 687, more particularly described as Part 1, 58R-9130, be approved in the form shown in the proposed By-law attached, dated April 28 1994, subject to the following conditions being satisfied prior to any readings of the By-law by Council. To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk, that all Regional requirements have been satisfied with respect to the proposed development. The Owner acknowledges that Condition 1 is required to be satisfied no later than seven (7) months from Council having approved the amending zoning by-law relative to the Zone Change Application 94/04/F/PMc by resolution. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan." Councillor C. Zehr previously disclosed a conflict of interest and abstained from all discussion and voting as he was involved in a tenancy adjacent to the subject property for a period of six weeks. 5.PD 94/44 - 79 FERGUS AVENUE - ZONE CHANGE APPLICATION 941041FIPMc - WATERLOO REGIONAL CREDIT UNION - CHICOPEE WARD (CONT'D) The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, November 7, 1994. 6.PD 94/98 - 173 WOOLNER DRIVE PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 31, 1994 - 208 - CITY OF KITCHENER - ZONE CHANGE APPLICATION 91/17/W/JW - DR. K. FUNG - CHICOPEE WARD The Committee was advised that the Department of Planning and Development was in receipt of an application from Dr. K. Fung to change the zoning of lands known municipally as 173 Woolner Drive. The proposed re-zoning is from Agricultural (Twp. A) according to By-law 878A to Residential Four (R-4) according to By-law 85-1. In this regard the Committee considered Staff Report PD 94/98 dated October 6, 1994 and the proposed by-law dated October 3, 1994 attached to the staff report. It was noted in the staff report that the subject lands are situate on the south side of Woolner Drive, southwest of the intersection of Fairway Road and Lackner Boulevard. The applicant wishes to rezone the lands in order to permit the development of approximately seven lots for single detached dwellings fronting Woolner Drive. 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. T. McCabe advised that staff had nothing further to add to the report under consideration. Ms. Astrid Clos, William Green & Associates, appeared as a delegation on behalf of the applicant and advised of her clients support of the staff report. No other delegations responded to the Chairmans invitation to address the Committee on this matter. The recommendations in the staff report were then considered. On motion by Councillor J. Smola, it was resolved: "That Zone Change Application 91/17AN/JW (Dr. K. Fung) requesting a change in zoning from Agricultural (Twp. A) according to By-law 878A to Residential Four (R-4) according to By-law 85-1, on Part of Lot 12, Registered Plan 591, be approved in the form shown in the attached "Proposed By-law", dated October 3, 1994, without conditions. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan." The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, November 7, 1994. 7.PD 94/106 - HURON COMMUNITY PLAN (PD 94/7) - MODIFICATION TO MUNICIPAL PLAN - SOUTH WARD The Committee was in receipt of Planning and Development Staff Report PD 94/106 dated October 13, 1994 dealing with a new Community Plan for the Huron Community along with an associated modification to the Kitchener Municipal Plan. 7.PD 94/106 - HURON COMMUNITY PLAN (PD 94/7) - MODIFICATION TO MUNICIPAL PLAN - SOUTH WARD (CONT'D) It was noted in the report that the new Community Plan would implement new land use plans for Huron Community in Kitchener and repeal the old Community Plan. The plan recommendations will implement the new Kitchener Municipal Plan by effecting major land use changes to the area including the redesignation of the lands adjacent to Huron Road to residential from the current business park designation. The plan will also implement a large open space area known as the Huron Natural Area. The associated modification to the Municipal Plan will enlarge an area of Business Park/Office uses PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 31, 1994 - 209 - CITY OF KITCHENER fronting on Westmount Road. Attached to Staff Report PD 94/106 was Staff Report PD 94/7 "Huron Community Plan". This report notes that Huron is a mixed residential and business community of approximately 616 hectares bounded by Bleams Road on the north, Westmount Road on the west, Strasburg Road on the east, with the City's urban boundary below Huron and Plains Road forming the south limit. 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 explained that the original Community Plan for this area was approved in 1982 and laid out a completely business/industrial community. However, since that time owners have requested change to the plan and it was necessary to complete a number of documents before the new proposed Community Plan could be finalized. Mr. David Corks illustrated the subject area and the boundaries of the Huron Community Plan. He noted that the plan encompasses 1,500 acres and updated the 1982 plan undertaking two major changes, being firstly the large Huron Natural Area and secondly the area to the south being changed to residential. He noted that the Huron Natural Area comprises 370 acres and that it was a joint venture between the City and the two school boards. Mr. Corks referred the Committee to Staff Report PD 94/115 dated October 13, 1994 which was distributed this date and proposes three revisions to policies 1.6, 5.5, and 7.5 in Staff Report PD 94/7. Mr. Corks pointed out that Mr. M. Dorfman was unable to appear as a delegation but provided submissions with the agenda on behalf of: Westmount Investments, Dorar Investments and Candarend Investments. He noted that Mr. Dorfman requests policies 1.6 and 6.4 be revised by changing the word "adjacent" to "underlying". Councillor J. Ziegler questioned if the plan contained a policy to encourage savings of woodlots. Mr. Corks advised that the City's Tree Management Policy would perform this function. Ms. Carol Wiebe, MacNaughton Hermsen Britton Clarkson Planning Limited, appeared as a delegation on behalf of 673099 Ontario Limited (Freure and Kenmore) to express her clients support of the Community Plan. She indicated that there had been involvement in planning of the clients lands for the past six years and that there had been extensive consultation to develop the proposed new Community Plan. Ms. Wiebe indicated that she expected that it would be 1-2 years before there was approval in principle of a subdivision plan for her clients land. In summary she requested Committee approval of the new Community Plan. No other delegations responded to the Chairmans invitation to address the Committee on this matter. The recommendations in the staff report were then considered. It was agreed to revise the policies 1.6, 5.5, 6.4 and 7.5 as requested. 7.PD 94/106 - HURON COMMUNITY PLAN (PD 94/7) - MODIFICATION TO MUNICIPAL PLAN - SOUTH WARD (CONT'D) The recommendations, as revised, were then considered. On motion by Councillor T. Galloway, it was resolved: A)"That PD 94/7, Huron Community Plan be adopted, as outlined hereunder: The following policies will guide the development of the Huron Community. They will provide the basis for the evaluation of proposals for the subdivision, rezoning and development of the area. 1.0GENERAL POLICIES PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 31, 1994 -210 - CITY OF KITCHENER 1.1That the Huron Community Plan shall conform to and implement the Regional Official Policies Plan and the City Of Kitchener Municipal Plan. 1.2That the Huron Community Plan Land Use Map shall comprise the land use plan for the Community. 1.3That the Huron Community Plan shall conform to all applicable development and implementation standards adopted by the City of Kitchener. 1.4That all business park development be subject to the Standard Terms of Agreement with Land Purchasers in Huron Business Park, as approved by City Council. 1.5That prior to Draft Plan Approval, any alteration, filling or construction within a watercourse, floodplain, pond or wetland will require a "Fill, Construction and Alteration to Waterway Permit" from the Grand River Conservation Authority prior to any registration of Plans of Subdivision or approval of severance. 1.6That the exact boundary of lands designated as being within the "Limit of Fill" line be established by submission of a permit as outlined in Policy 1.5. Further, should the area of these lands be reduced through this process, the underlying development oriented land use shall apply. 1.7That Net Residential Density be calculated by dividing the number of residential units by the area of residential land. Residential land includes all internal roads, one half bounding roads and one quarter of boundary intersections but does not include bounding trunk roads. 2.0 RESIDENTIAL 2.1That the Low Density Residential use permit singles, semis, duplexes, street townhouses and multiples at a maximum net density of 25 units per hectare. 2.2That no new Low Density Residential lots have direct vehicular access to Westmount, Huron or Strasburg Road. 2.3That a wide range of housing types be provided in the Huron Community to satisfy varying housing needs. The intended housing mix shall consist of 25% to 40% multiple residential units. 2.4That residential development and landscaping give consideration to energy policies contained in the Municipal Plan. 7.PD 94/106 - HURON COMMUNITY PLAN (PD 94/7) - MODIFICATION TO MUNICIPAL PLAN - SOUTH WARD (CONT'D) 2.5That to encourage a variety of housing forms, residential land use designations shall be based on density as well as structure type. Where appropriate, integration of residential densities shall be encouraged throughout the community. 2.6That multiple residential sites be encouraged where natural features such as topography or woodlots would be best accommodated or preserved by fewer buildings rather than extensive site coverage with one and two unit dwellings. 3.0INSTITUTIONAL 3.1That Neighbourhood Institutional uses be located as shown on the Land Use Map. This use includes schools, day care and small residential care facilities. 3.2That a public elementary school site of approximately 3.3 hectares be located on the east side of Street B, north of Street A. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 31, 1994 -211 - CITY OF KITCHENER 3.3That a public elementary school site of approximately 3.3 hectares be located on the north side of Street C immediately east of a neighbourhood park. 3.4That a separate elementary school of approximately 3.3 hectares be located on the north side of Street C immediately west of a neighbourhood park. 3.5That schools sites next to wetlands be situated so as to separate active and passive use areas. This is protect sensitive natural areas and protect students from potentially hazardous areas such as open water. 3.6That should any designated school site be declared surplus, alternate land uses will be restricted to singles, semis, duplexes or Neighbourhood Institutional uses. 3.7That the Steckle Heritage Homestead be recognized as a major institutional use due to its public role as a working educational heritage farm. 4.0 COMMERCIAL 4.1That Convenience Commercial facilities be located as shown on the Land Use Map. Section 3.2.1 of the Municipal Plan provides the Iocational criteria for these uses with regard to size, configuration, access and land use compatibility. Housing will be permitted above these facilities at a maximum density of 40 units per hectare. 4.2That a distribution of more, smaller, Convenience Commercial sites be encouraged to bring them into walking distance of the majority of residents. 4.3That the Business Park Service Centres as shown on the Land Use Map and described in Policy 5.3 be recognized for their commercial potential. 5.0BUSINESS 5.1That the Business Park designation permit a wide range of business/industrial uses in a planned business community. Accessory retail uses are permitted subject to the provisions of Zoning By-law 85-1. Examples of business uses permitted include manufacturing, warehousing and wholesaling. 7.PD 94/106 - HURON COMMUNITY PLAN (PD 94/7) - MODIFICATION TO MUNICIPAL PLAN - SOUTH WARD (CONT'D) 5.2That the Restricted Business Park designation governs business land use adjacent to residential areas. As with the Business Park, this designation permits a full range of business uses with accessory retail but prohibits uses incompatible with residential areas. This restriction includes uses that emit noise, odour or other pollution. 5.3That the Business Park Service Centre allows commercial services to be combined with the restricted range of business uses permitted in the Restricted Business Park designation described in Policy 5.2. Additional uses such as restaurants, banks, convenience retail and office uses are included. 5.4That any business uses adjacent to residential development be planned with adequate separation and buffering between the two uses. However, the plan recognises the importance of maintaining the viability and economic attractiveness of the business area as the major industrial/business area of the City. 5.5That further to Municipal Plan Policy 12.17.ii, the Business Park designations marked with a star on Westmount Road at Street A will also allow free standing office uses. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 31, 1994 -212 - CITY OF KITCHENER 5.6That all uses in Huron meet Ministry of Environment and Energy requirements under the Environmental Protection Act regarding pollution, vibration and noise. 5.7That to protect the areas of natural environment in the Huron Community, uses that may lead to groundwater contamination be controlled by standards of the Ministry of the Environment and Energy. Further, business uses surrounding the Huron Natural Area will also be restricted by the provisions a of study to be undertaken to protect the Natural Area from groundwater or other contamination. 6.0NATURAL ENVIRONMENT AND PARKS 6.1That park dedication from residential land be calculated as 5% of land to be subdivided, alternatively, dedication may be taken at one hectare per 300 units with an option for cash payment in lieu of land conveyance, all further to Municipal Plan Policy 3.1.2. 6.2That park dedication from institutional land be calculated as 5% of land to be subdivided. 6.3That park dedication from commercial land be calculated as 2% of land to be subdivided. 6.4That all lands identified on the Land Use Map as Flood Plain or Fill Line be reserved from development. These lands are in addition to the 5% park dedication. The boundaries of the Draft Fill Line may be refined by the Grand River Conservation Authority by way of issuance of a "Fill Permit" as outlined in Policy 1.5. Further, if the Draft Fill Line is reduced by this process the underlying land use will apply, as described in Policy 1.6. 6.5That open space links be established between flood plain areas, schools, parks, and recreational facilities to provide an open space walkway and cycling network throughout the community. 7.PD 94/106 - HURON COMMUNITY PLAN (PD 94/7) - MODIFICATION TO MUNICIPAL PLAN - SOUTH WARD (CONT'D) 6.6That to protect sensitive areas of the Huron Natural Area, public access will be restricted to suitable entrance points. These will be determined as part of the overall plan for the natural area. 6.7That the cost of primary walk links and bridges providing direct links to schools, parks and transit be paid for by the developers. 6.aThat a district park of approximately 4 hectares be located south of Street B between the elementary school site and the flood plain area. 6.9That a neighbourhood park of approximately 2 hectares be located on the north side of Street C between the two elementary school sites. 6.10 That the width of the buffers around the wetlands shall conform to the Strasburg Creek Master Watershed Plan and Provincial Wetland Guidelines as well as being determined by submission of an Environmental Implementation Report during the Draft Plan of Subdivision process. 6.11 That the Huron Community Plan recognize the Huron Natural Environmental Area as a significant natural resource. The boundaries of this area will be determined by City Council based on the following criteria: · Recommendations of the Huron Environmental Area Co-Operative Project prepared by Geomatics International in 1992. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 31, 1994 -213 - CITY OF KITCHENER 6.12 6.13 6.14 6.15 An Environmental Implementation Report as outlined by the Strasburg Creek Master Watershed Study. An Environmental Impact Study under the Provincial Wetlands Policy Statement. The E.I.R. and E.I.S. will be undertaken as one comprehensive report. That a comprehensive Environmental Impact Statement be undertaken by the City through the Development Charges Fund to establish the boundary setting out the limits of developable from the non-developable lands along the residential/open space boundary extending between Huron and Westmount Roads. This is to allow rezoning of these lands from their current Business Park zone to Residential, Open Space and Hazard Land zoning under By-law 85-1. That with the approval of Ontario Hydro and the local electrical utility, the hydro rights-of-way be utilized as open space linkage to connect the Huron Community to the City's walking and cycling paths. That the Schneider Creek Floodline Mapping Study, prepared by Paragon Engineering Limited be the basis for floodline definition in the Huron Community. The exact boundaries will be determined on site in conjunction with area developers and the Grand River Conservation Authority. That the Strasburg Creek Master Watershed Plan and Huron Environmental Area Co-operative project be the governing documents in all matters related to protection and maintenance of the woodlots, wetlands and other natural features within the Community. PD 94/106 - HURON COMMUNITY PLAN (PD 94/7) - MODIFICATION TO MUNICIPAL PLAN - SOUTH WARD (CONT'D) 6.16 That to accommodate the collector road system, some outlying wetland pockets identified in Huron may not be identified as Flood Plain in the Community Plan. 6.17 That prior to the beginning of grading, a temporary fence be installed along the boundaries of all areas of environmental sensitivity. Signs will be placed every 45 metres stating that there will be no dumping, grading, excavation or fill within the enclosed area. 6.18 That at the time of submission of Draft Plan of Subdivision, the developer submit a General Vegetation Overview for the subdivision. Further, prior to any rough grading or tree removal, the developers environmental consultant shall submit a Detailed Vegetation Plan in accordance with the City's Tree Management Policy. This plan will describe vegetative communities to be retained and methods by which vegetative areas will be protected. 6.19 That where feasible, existing topography and vegetation be incorporated into the design and development of the Huron Community. 7.0 TRANSPORTATION 7.1 That transportation choices such as bicycle and pedestrian links be provided for residents in the community through street design to provide alternate routes between locations. 7.2 That the planning, design and construction of all roads and walkways within Huron be PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 31, 1994 -214- CITY OF KITCHENER = accomplished with regard to protection of existing environmental features. 7.3 That a street pattern be developed that discourages traffic cutting through the community while allowing route choices for internal traffic. Neo traditional street designs or other innovative street layouts are encouraged. 7.4 That a full interchange be built at Homer Watson Boulevard and Huron Road to provide access from the south portion of the Huron Community to the Downtown and Highway 401. The completion of this interchange is required prior to residential development in the community as outlined in Policy 12.1. 7.5 That Westmount Road be recognized as Regional Road No.50 and be designated as a Secondary Collector road with a right-of-way of 30.5 metres. 7.6 That Bleams Road be recognized as Regional Road No.56 and designed as a Secondary Collector road with a right of way of 30.5 metres. 7.7 That all collector roads be designed with a standard right of way of 20 metres. An increase to 26m may be required where necessary. 7.8 That local roads be designed with a standard right of way of 20 metres. Reductions in accordance with Council Policy will be considered for minor roads. 7.9 That no new Low Density Residential lots have direct vehicular access onto Westmount, Huron or Strasburg Road. 7.10 That the 1982 Transportation and Engineering Study for the Huron Industrial Development and the 1989 Huron Road/Homer Watson Boulevard Intersection Study prepared by McCormick Rankin Limited be the basis for the location of realigned Huron Road between Homer Watson Boulevard and Strasburg Road. PD 94/106 - HURON COMMUNITY PLAN (PD 94/7) - MODIFICATION TO MUNICIPAL PLAN - SOUTH WARD (CONT'D) 7.11 That further to the recommendations of the Doon South Brigadoon Transportation Network and Corridor Study, the existing collector road system in the west side of the City will be used to handle any traffic increase. This means no construction of any new arterial roads through the Huron Community. 7.12 That in the development of a transportation network, consideration be given to alternate forms of transportation. These would include public transit, walking and cycling through measures such as: The creation of street networks and pedestrian links suitable to alternate transportation modes. The use of site planning and urban design techniques to foster attractive pedestrian streetscapes and environments. Minimizing walking distances between housing, schools, transit stops, parks, open space and other local destinations. 8.0 TRANSIT 8.1 That public transit in Huron be recognized as essential. Accordingly, community design shall conform to the Subdivision Design Guidelines of Kitchener Transit. 8.2 That site design in Huron have regard for convenient and safe pedestrian access between on street transit facilities and buildings. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 31, 1994 -215 - CITY OF KITCHENER 8.3 That consideration be given to reduced building setback or off street transit facilities for large transit generators. 8.4 That land uses generating higher transit usage such as office, commercial or institutional uses be located adjacent to transit routes. 8.5 That local streets and walkways be designed to provide convenient and direct pedestrian access to transit routes. 8.6 That although three separate major land use areas have been defined in this Plan, the Huron area is still considered a single community with regard to internal links, access and transit routing. 9.0 SERVICING AND UTILITIES 9.1 That new development be serviced by municipal water, sanitary and storm sewers. 9.2 That all Site Plans meet the criteria of the Ontario Ministry of Environment and Energy as a Certified Storm Water Plan. A certificate of approval from the M.O.E.E. will be required. 9.3 That the Strasburg Creek Master Watershed Study, prepared by Paragon Engineering and recommendations made to its revision by the Huron Environmental Area Co- operative Project, prepared by Geomatics International be the governing documents for servicing, storm water management and environmental protection within the Huron Community. PD 94/106 - HURON COMMUNITY PLAN (PD 94/7) - MODIFICATION TO MUNICIPAL PLAN - SOUTH WARD (CONT'D) 9.4 That to prevent contamination of ground and surface water resources, all service or utility related uses that process, or store chemicals in bulk shall provide containment facilities in case of spills. These facilities shall be required to obtain written approval from the Ministry of the Environment and Energy before a building permit is issued. 9.5 That where feasible, the existing storm water management facilities upstream of Huron Road, discharging into the Middle and North branch of the Strasburg Creek, be retrofitted to enhance the storm water quality for the Huron Natural Area in accordance with the Strasburg Creek Master Watershed Plan. 9.6 That individual at-source controls for storm water quality be incorporated into the site design for new development where existing ponds cannot be retrofitted for water quality enhancement or no central quality control facilities exist. 9.7 That any industrial operation that may discharge materials into the environment obtain necessary approvals from the Ministry of Environment and Energy and other appropriate agencies. 9.8 That storm water management practices in the Huron Community be in compliance with "Interim Storm Water Management Guidelines for New Development" and "Stormwater Management Practices, Planning and Design Manual" documents published by the Ontario Ministry of Environment and Energy in 1994. 9.9 That the location of the Middle Strasburg Creek trunk sanitary sewer be determined in accordance with the Class Environmental Assessment process as outlined in the Environmental Assessment Act. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 31, 1994 -216 - CITY OF KITCHENER 9.10 That with the approval of Ontario Hydro, the local electrical utility and the City of Kitchener, the hydro rights-of-way may be used in conjunction with adjacent uses. 9.11 That an electrical transformer station of approximately 1ha be located on Huron or Strasburg Road adjacent to the Ontario Hydro Easement. 10.0 NOISE 10.1 That attention be given to noise attenuation on residential lands located near Westmount Road and Huron Road. 10.2 That site plans, acoustical barriers, architectural design and building construction features be used in attenuating noise impact. 10.3 That where necessary, site design of business uses take into consideration ways to protect users of the Huron Natural Area from noise pollution from the Business areas. 11.0 HERITAGE RESOURCES 11.1 That further to Policy 5.3.17 of the Kitchener Municipal Plan, consideration be given to the effects of public works on the heritage resources of the Community. 11.2 That recognition be given to Heritage Resources and potential significant archaeological sites within the plan area. Provision is hereby made for any required study and possible designation of such sites under the provisions of The Ontario Heritage Act prior to development or grading. PD 94/106 - HURON COMMUNITY PLAN (PD 94/7) - MODIFICATION TO MUNICIPAL PLAN - SOUTH WARD (CONT'D) 11.3 That the Steckle Farm at 811-831 Bleams Road be recognized as a designated property under the Ontario Heritage Act and a significant historical landmark in the community. 11.4 That under the guidelines of the Ontario Heritage Act, the site of former New Aberdeen on Huron Road be the focus of archaeological assessment prior to development. 11.5 That the "Archaeological Resource Assessment of the Huron and Strasburg Road Alignments - Huron Industrial Park" by the Museum of Indian Archaeology in September 1982 provide guidance to any archaeological work. 11.6 That Huron Road be recognized as a Heritage Highway due to its significant role in the early settlement of this area. 12.0 STAGING 12.1 That no residential plans of subdivision be developed in the Huron Community until the realigned (new) Huron Road is constructed from Strasburg Road to Homer Watson Boulevard, including completion of the interchange at Homer Watson Boulevard. It is the opinion of this Committee that the approval of this Community Plan is proper planning for the City. B) That Planning and Development Staff Reports PD's 93/82, 42,89 and 120/89 - Huron Business Park Secondary Plan be repealed. C) That Kitchener City Council request the Regional Municipality of Waterloo to modify the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 31, 1994 -217 - CITY OF KITCHENER City's Municipal Plan to incorporate the following modification: a) That Map 5 - Land Use Plan be revised as shown on the attached Schedule A. It is the opinion of this Committee that approval of this modification is proper planning for the City." 8. PROVINCIAL LEGISLATION - BILL 163 Mr. T. McCabe advised the Committee that he was recently informed that the Provincial Government has delayed amendments to Bill 163 until at least March 1, 1995. 9. ADJOURNMENT On motion, the meeting adjourned at 4:30 p.m. L.W. Neil, AMCT Assistant City Clerk