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HomeMy WebLinkAboutPlng & Econ Dev - 1995-09-18PED\1995-09-18 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 18, 1995 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:50 p.m. under Councillor C. Weylie, Chair, with the following members present: Mayor R. Christy and Councillors John Smola, K. Redman, B. Vrbanovic, T. Galloway, M. Yantzi, M. Wagner and Jake Smola. Councillors G. Lorentz and J. Ziegler entered the meeting after its commencement. Officials present: Mr. R.W. Pritchard (Acting CAO), Mr. T. McCabe, Mr. V. Labreche, Mr. R. Mattice, Mr. J. Witmer, Ms. C. Ladd, Mr. D. Mansell, Mr. L. Masseo, Ms. S. Frenette, Ms. B. Newell, Mr. T. Boutilier and Mr. L.W. Neil. 1. DOWNTOWN UPDATE Mr. T. McCabe advised that at the first meeting of the Downtown Strategic Team they had considered ways on how to implement an information exchange with members of Council with respect to activities in connection with recommendations arising from the Mayor's Task Force on the Downtown. It was decided that the best option would be to provide for a regular update through the Planning and Economic Development Committee agenda. Ms. S. Frenette advised the Committee that for the past month efforts had been focused on administrative details with regard to the action team. This has included locating the team within the Economic Development Division and clarifying duties. She advised that the action team would be holding weekly meetings and the strategic team would be holding monthly meetings. Ms. Frenette then provided a brief report on the following activities: - a retail consultant has been hired - the CIP has begun dealing with the one stop shopping issue - an e-mail link has been connected to the Downtown Business Association - parking issues have been addressed - St. Jerome's study activities are on-going - the student coffee house is scheduled to open September 29th - vacant/redevelopable downtown land inventory being addressed - facade improvement program has exceeded expectations and exhausted funds - new sign by-law has been discussed and amendment needs are being addressed - Safe City Committee terms of reference are being prepared - downtown traffic study will be completed in December 1995 - evidence of a turn around in the downtown with 15 new businesses opening and other businesses reporting increased sales Councillor Jake Smola questioned the purpose of the tax assessment workshop being held in October. Ms. S. Frenette advised that the purpose was to provide information on assessment issues including explanation of how the evaluation of business assessment was formulated. As well, information would be provided on appeal procedures in respect to the assessment and the workshop was being advertised through the Kitchener Downtown Business Association. PD 95~88 - 103 ONTARIO STREET SOUTH - REQUEST FOR TEMPORARY OCCUPANCY - CHARLES STREET FRIES (MR. DOMINIC DAVID) - VICTORIA PARK WARD The Committee was in receipt of Planning and Development Staff Report PD 95/88, undated, prepared in response to a request by Mr. Dominic David for Temporary Occupancy of a refreshment stand at 103 Ontario Street South. It was pointed out in the report that a minor variance to allow a facade height of 2.74 metres rather than the required 6.0 metres is required in order to allow site plan approval and occupancy permits to be issued for a refreshment stand at 103 Ontario Street South. This refreshment stand has been operating at 6 Charles Street West since 1990 and at that time encountered a similar problem which was resolved through a variance approved by the Committee of Adjustment. Mr. T. McCabe reviewed the request and noted staff support the variance. He also pointed out that the owner operator would be assuming all risk and liability in this matter should the variance not be approved. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 18, 1995 - 141 - CITY OF KITCHENER PD 95~88 - 103 ONTARIO STREET SOUTH - REQUEST FOR TEMPORARY OCCUPANCY - CHARLES STREET FRIES (MR. DOMINIC DAVID) - VICTORIA PARK WARD (CONT'D) Mr. Dominic David was in attendance and advised that he was in agreement with the recommendation in the staff report. No other delegations were registered respecting this matter. On motion by Councillor M. Yantzi, it was resolved: "That temporary occupancy be allowed for the refreshment stand operating at 103 Ontario St. S. until such time as a minor variance has been approved by the Committee of Adjustment, at the risk and liability of the owner and subject to the owner vacating and removing the structure should the variance not be approved." PD 95~84 - FAIRWAY CRESCENT (FORMERLY WOOLNER DRIVE) - ROAD CLOSURE APPLICATION LA 95/01/W/JW - DR. K.W. FUNG - CHICOPEE WARD The Committee was in receipt of Planning and Development Staff Report PD 95/84 dated September 7, 1995. It was noted in the report that the owner of the abutting lands, Dr. K.W. Fung has requested initiation of a road closure of the redundant portion of Woolner Drive (now Fairway Crescent) where it was realigned to intersect with Fairway Road at Lackner Boulevard. The request was made in conjunction with applications to sever lots fronting Fairway Crescent as detailed in the report. The value of the area of the road to be closed which measures 320 square metres has been appraised at $11,500. Mr. T. McCabe advised that staff had nothing further to add to the report other than to point out that the adjacent owner will be paying market value for the lands. No delegations were registered respecting this matter. On motion by Councillor B. Vrbanovic, it was resolved: "That the following be approved with regard to Road Closure Application LA 95/01AN/JW - portion of Fairway Crescent (formerly Woolner Drive): That the Legal Department and General Services and City Clerk's Department be instructed to proceed with the ordering of a reference plan, preparation of a By-law and necessary advertising in the local newspaper for the closing of a 320 square metre portion of Fairway Crescent opposite Block 48, Registered Plan 1798, as shown generally on Map A attached. The title of the land is to be conveyed in its entirety to the abutting land owner, Dr. K.W. Fung, subject to the following conditions: That a reference plan be completed and deposited prior to the passing of the road closure by-law. That the abutting land owner be responsible for all costs related to relocation of Bell telephone facilities situate on the subject lands, or alternatively that an easement be granted in favour of Bell Canada for the existing cable and duct facilities located on that portion of Fairway Crescent to be closed. That the abutting land owner be responsible for all the costs related to survey, legal, registration and advertising associated with the closure of the road. That the abutting land owner pay fair market value as determined by the City's Land Purchasing Officer, for that part of Fairway Crescent to be closed." 4. PD 95/83 - 4567 & 4575 KING STREET EAST PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 18, 1995 - 142 - CITY OF KITCHENER - DEMOLITION CONTROL APPLICATION DC 95/5/K/RM - JIM MCPHERSON HOLDINGS LTD. - SOUTH WARD The Committee was in receipt of Planning and Development Staff Report PD 95/83 dated September 6, 1995 dealing with a Demolition Control Application submitted by Jim McPherson Holdings Ltd. with regard to lands known municipally as 4567 and 4575 King Street East. It was noted in the report that the applicant proposes to demolish two single detached dwellings and out buildings to allow for the development of a furniture store. The subject properties are not affected by the Rental Housing Protection Act or the Ontario Heritage Act. Also, the issues which staff examined in considering approval of the application are detailed. Mr. T. McCabe advised that staff had nothing further to add to the report under consideration. He did point out that the lands are properly zoned and that a site plan had been approved and was attached to the report for information only. He advised the Committee that the issue which it must address is whether or not the demolition request is premature. Mr. Gunnar Heissler appeared as a delegation on behalf of Mrs. R. Coffin, 48 Limerick Drive. Mr. Heissler commented that it was unfair that correspondence dated September 12th only arrived on September 14th. He referred to the background section of the staff report and expressed the view that the statement in the report "the proposed demolition and redevelopment will not jeopardize the residential component of the street" was not correct as the subject property borders on three residential properties. He also objected to the statement that the subject properties were "surrounded by open space and scattered commercial uses," noting that the three residential properties affected were not scattered commercial uses. He pointed out that the Coffin's objective was to preserve the use and enjoyment of their property. However, this large development would impact this objective in terms of increased noise, negative impact on well water supply and on sight lines. Councillor G. Lorentz entered the meeting at this point. Mr. Heissler advised that earlier he had an undertaking from the Department of Planning and Development with respect to the noise issue and stated that the one sentence response received in recent correspondence was inadequate. In this regard he referred to and submitted Ministry of the Environment Standard NPC-205 which he stated recognizes the type of situation under discussion. He noted that a proposed eight foot high wooden fence had now been changed to a twelve foot high masonry sound fence, but questioned how much more effective the higher fence would be given the truck dock operations adjacent to the residences. He requested that something be done in an adequate and responsible manner. On the issue of water supply, he advised that the Coffin's and a neighbour share a common well and pointed out that with the large site coverage of the development, natural water recharge would be inhibited. Since Leon's is going to install a water line to service their own property, he suggested a responsible approach would be for them to provide water to the residences whose water supply might be negatively affected by the development. Mr. Heissler stated that there was deep concern that the current water supply situation would change. In reference to the issue of sight lines, he stated that this was the easiest to deal with given regulations. It was their request that glare from rear lighting not impact on the residences and it was their hope that architecture of the building would fit in with the neighbourhood. In summary, he stated that the Coffin's were very much in favour of the development that would remove an existing eye sore, provided the development was done responsibly with resolution of noise, water and sight line concerns. Mr. T. McCabe stated that it was staff's view that adequate conditions with respect to noise and sight lines had been established. On the matter of water, he confirmed that water would be extended to the property of Leon's but beyond that point was not the responsibility of Leon's. Mr. T. Boutilier confirmed that as part of the approval process, Leon's was required to extend the watermain down Limerick to its property line in order to facilitate future extension within the area. Councillor T. Galloway commented that he was disappointed that regulations did not allow the City to establish responsibility for any impacts the development may have on water supply to residences. He informed the Committee that Waterloo Region has consented to a request to PD 95~83 - 4567 & 4575 KING STREET EAST - DEMOLITION CONTROL APPLICATION DC 95/5/K/RM - JIM MCPHERSON HOLDINGS LTD. - SOUTH WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 18, 1995 - 143 - CITY OF KITCHENER do some pre-development water testing to ascertain water quantities prior to the development and noted that it was unfortunate a property owner must prove that their water has been negatively affected by a development. He indicated that while the extension of the water line was not a huge expense, there was a question over what area wells might be affected. Councillor J. Ziegler entered the meeting at this point. Mr. Heissler again challenged the fact that he had received an undertaking from Mr. B. Stanley that would provide a statement of the noise environment expected and that this had not been provided. He stressed that the September 5, 1995 statement is inadequate. Councillor T. Galloway commented that ambient noise levels were being documented at this time and that consultations have taken place with senior Ministry of the Environment staff as ultimately any such noise complaints would be their responsibility. It was noted that Ministry of the Environment provided the City with a standard and allows 50 decibels for current ambient noise level. He acknowledged that there are different ways of analyzing and interpreting collected noise data. Mr. T. McCabe advised that written confirmation has been received with regards to MOE standards relating to a fence and its height and that was a condition of approval of the site plan. Councillor T. Galloway stated that Leon's furniture anticipates 16 truck movements per day (8 into and 8 exiting the property) before 6 p.m. but noted this could not be guaranteed. He also pointed out that an attempt had been made to have Leon's reconfigure their building to remove the loading dock from the rear of the building. Mr. Jim McPherson appeared as a delegation in support of his application requesting a demolition permit. He commented that the concerns of the neighbours were very real but noted that one of the neighbours previously owned a portion of the land that is the subject of the development. He indicated that there was no objection to severance of a strip of land that assisted in the assembly of property for this commercial development. In summary he requested approval of the demolitions. Councillor T. Galloway requested that staff compare the noise standards that the delegation provided this date with their own data and advise him of their findings. No other delegations were registered respecting this matter. On motion by Councillor J. Ziegler, it was resolved: "That Demolition Control Application DC 95/5/K/RM (Jim McPherson Holdings Ltd.) requesting approval for the demolition of two single detached dwellings located at 4567 & 4575 King Street East legally described as Part Lot 24, Beasley's Broken Front Concession be approved. It is the opinion of this Committee that approval of this application is proper planning for the City." PD 95/25 - ST. MARY'S HOSPITAL NEIGHBOURHOOD - MUNICIPAL PLAN AMENDMENT APPLICATION MPA 95~2 - ZONE CHANGE APPLICATION 95/19/SM/BN - CITY OF KITCHENER - ROCKWAY-ST. MARY'S WARD The Committee was advised that applications were initiated by the City for a Municipal Plan Amendment and Zone Change within the St. Mary's Hospital Neighbourhood. In this regard the Committee considered Planning and Development Staff Report PD 95/25 dated August 10, 1995 to which was attached the amendment to the Municipal Plan and the proposed zoning by-law dated August 9, 1995. PD 95/25 - ST. MARY'S HOSPITAL NEIGHBOURHOOD - MUNICIPAL PLAN AMENDMENT APPLICATION MPA 95~2 - ZONE CHANGE APPLICATION 95/19/SM/BN PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 18, 1995 - 144 - CITY OF KITCHENER - CITY OF KITCHENER - ROCKWAY-ST. MARY'S WARD (CONT'D) The proposed Municipal Plan Amendments are as follows: (a) To amend Special Policy 16 of the City of Kitchener Municipal Plan to permit a hospital, health office, health clinic, medical laboratory, social services establishment and a personal service establishment at 40, 64, and 66 Spadina Avenue West and amend Map 8 of the Municipal Plan to indicate that Special Policy 16 only affects 40, 64 and 66 Spadina Avenue West. (b) To change the Municipal Plan land use designation on 359 and 367 Highland Road West from Low Rise Residential District to Medium Rise Residential District. The proposed zoning changes are as follows: (a) (b) (c) (d) R-7 to R-6 on 30, 50 and 60 Westmount Road West R-5 to R-4 on 16, 20, 22, 26 and 28 Winslow Drive R-8 to R-9 on 1061 Queen's Boulevard R-7 to R-8 on 359 and 367 Highland Road West Other matters recommended are as follows: (a) To investigate the feasibility of instituting a Residential Parking Permit Program (RPPP) in the vicinity of St. Mary's Hospital (b) To investigate the feasibility of installing curbs and sidewalks on Marlborough Avenue 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 introduced the applications and advised that staff had nothing to add to the report under consideration. Ms. B. Newell gave an overhead presentation of the process that was used in preparing the St. Mary's Hospital Neighbourhood Plan. Firstly, she clarified the hierarchy of plans from Regional Official Plan to City Official Plan to Neighbourhood Plans which are composed of Secondary Plans and Community Plans, noting that secondary plans cover areas already developed while Community Plans are implemented for newer areas. Ms. Newell indicated that most issues that arose during the review process had to do with community improvement matters while the remaining planning issues had to do with matters of neighbourhood stability, intrusion of medial clinics and intrusion of mini malls into the neighbourhood. She then identified the properties affected by the proposed amendments to the Official Plan and zoning changes. Councillor G. Lorentz objected to staff recommendation #4 on the basis that curb and sidewalk improvements should be done through the Local Improvement Act and not as a City funded improvement. Councillor M. Wagner advised that the residents on Marlborough Avenue do not want sidewalks nor do they want to pay for them but parents of area children have requested that consideration be given to installing curbs and sidewalks to address a school safety issue. Councillor K. Redman indicated she could support investigation of the need for the sidewalk and costing alternatives in that regard. Councillor M. Wagner stressed that there was a safety concern and traffic staff have assisted in the provision of temporary cones as an interim safety measure until winter. Mr. Carl Arndt appeared as a delegation and advised that he has attended previous St. Mary's Hospital Neighbourhood meetings. He pointed out that he has been a resident on Queen's Boulevard for 45 years and has witnessed dramatic increases in traffic volumes that affect safety within the neighbourhood. He stated that a major problem was that Queen's Boulevard was the only actual through street in the neighbourhood and that other roads, for example, the Belmont Avenue extension to Homer Watson Boulevard and Butler Lane should be constructed PD 95/25 - ST. MARY'S HOSPITAL NEIGHBOURHOOD - MUNICIPAL PLAN AMENDMENT APPLICATION MPA 95~2 - ZONE CHANGE APPLICATION 95/19/SM/BN PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 18, 1995 - 145 - CITY OF KITCHENER - CITY OF KITCHENER - ROCKWAY-ST. MARY'S WARD (CONT'D) and proper intersections developed in order to address neighbourhood traffic problems. Further, Mr. Arndt noted that extension of Belmont Avenue would provide accessibility for the public to Lakeside Park. In summary, he asked that the City do what ever was necessary to improve safety. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, appeared as a delegation on behalf of St. Mary's Hospital to support the recommendation in the staff report. He commented that the hospital was appropriately recognized in the report and that recommendation #1 on page 2 of the staff report was actually a matter carried forward from the existing Municipal Plan. Ms. Pauline Madill appeared as a delegation and suggested Council investigate extension of Homer Watson Boulevard on the westerly side of Lakeside Park. She pointed out that Belmont Avenue should never be extended as the easterly side of the park is where all the natural life is located. Further, she stated that it was her understanding that reference to the Belmont Avenue extension was to be removed from City maps. No other delegations responded to the Chair's invitation to address the Committee on this matter. Councillor M. Wagner spoke in support of a Residential Parking Permit Program and in particular he asked that staff investigate feasibility of parking restrictions on Queen's Boulevard. Councillor John Smola referred to zoning recommendation 2(c) and noted that during consideration of the Comprehensive Zoning By-law, there was bitter comment with respect to similar concerns raised in Bridgeport-North Ward. Several Councillor's indicated concern with the precedent that staff recommendation #4 would set and objected to it. Deferral was suggested to obtain more information from the Public Works Department on possible funding options, including the potential for funding under the Local Improvement Act. It was agreed to deal with staff recommendation #4 separately. On motion by Councillor M. Wagner, it was resolved: "That City Council approve Municipal Plan Amendment Application MPA 95/2 (City of Kitchener), attached to Staff Report PD 95/25 being an amendment to the Municipal Plan to: (i) Amend Part 3, Section 12, Special Policy 16 by deleting it in its entirety and replacing it with the following wording: "16 Spadina Avenue West Notwithstanding Part 3, Sections 3.1.2 (Low Rise Residential) and 3.2 (Locational Criteria for Non-Residential Uses) a hospital, health office, health clinic, medical laboratory, social services establishments and a personal service establishment shall also be permitted uses within the Low Rise Residential District designation which applies to the lands at 40, 64 and 66 Spadina Avenue West." (ii) Amend Map 8, "Special Policy Areas" to identify 40, 64 and 66 Spadina Avenue West as Special Policy Area as shown on the Schedule "A" attached to Staff Report PD 95/25 and, Amend Map 5, "Land Use Plan" to change the land use designation from Low Rise Residential District to Medium Rise Residential District as shown on the Schedule "B" attached to Staff Report PD 95/25. PD 95/25 - ST. MARY'S HOSPITAL NEIGHBOURHOOD - MUNICIPAL PLAN AMENDMENT APPLICATION MPA 95~2 - ZONE CHANGE APPLICATION 95/19/SM/BN - CITY OF KITCHENER - ROCKWAY-ST. MARY'S WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 18, 1995 - 146 - CITY OF KITCHENER It is the opinion of this Committee that approval of this Amendment to the Municipal Plan is proper planning for the City. That Zone Change Application 95/19/SM/BN (City of Kitchener) requesting change in zoning be approved; in the form shown in the attached Proposed By-law dated August 9, 1995, without conditions. (a) from Residential Seven Zone (R-7) to Residential Six Zone (R-6) on 30, 50 and 60 Westmount Road West, legally described as Block A, Register Plan 917, Part Block G & F Part Lot 201 Streets and Lanes Register Plan 1182 Part Lots 36 & 37 of Register Plan 786 & Part Lot 20 G.C.T. (b) from Residential Seven Zone (R-7) to Residential Eight Zone (R-8) on 359 and 367 Highland Road West legally described as Part Lot 1, Register Plan 882. (c) from Residential Five Zone (R-5) to Residential Four Zone (R-4) on 16, 20, 22, 26 and 28 Winslow Drive, legally described as Lots 21, 22, 23 & 24, Part Lots 1,2, 3, Register Plan 230. (d) from Residential Eight Zone (R-8) to Residential Nine Zone (R-9) on 1061 Queen's Boulevard, legally described as Lot 1, Reg. Plan 786. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with a recommended Amendment to the City's Municipal Plan. That staff be directed to investigate the feasibility of instituting a Residential Parking Permit Program (RPPP) in the vicinity of the St. Mary's Hospital." On motion by Councillor J. Ziegler, it was resolved: "That the following Staff recommendation contained in Planning and Development Staff Report PD 95/25 (St. Mary's Hospital Neighbourhood) be deferred and referred to the Department of Public Works for preparation of a report discussing the proposal and funding options for consideration by the Planning and Economic Development Committee at its October 2, 1995 meeting: "That Council consider funding or cost sharing the provision of installing curbs and sidewalks on Marlborough Avenue provided the residents affected are in agreement with this proposal and that the Department of Public Works be directed to report back to Council on this matter as part of the Capital Budget." PD 95~85 - ADDENDUM TO PD 95~29 PD 95~29 - HURON ENVIRONMENTAL AREA COOPERATIVE PROJECT - INTERIM CONTROL BY-LAW AND HURON PARK ADJACENT LAND USE STUDY PD 95/82 - MUNICIPAL PLAN AMENDMENT APPLICATION MPA 95/1 -ZONE CHANGE APPLICATION 951171HNL - HURON BUSINESS PARK - CITY OF KITCHENER - FAIRVIEW WARD & SOUTH WARD The Committee was in receipt of several Planning reports dealing with the Huron Natural Area and the Huron Business Park. Staff Report PD 95/29 was previously received and considered by the Committee at its May 29, 1995 meeting and provided the basis for consideration this date. PD 95~85 - ADDENDUM TO PD 95~29 PD 95~29 - HURON ENVIRONMENTAL AREA COOPERATIVE PROJECT - INTERIM CONTROL BY-LAW AND HURON PARK ADJACENT LAND USE STUDY PD 95/82 - MUNICIPAL PLAN AMENDMENT APPLICATION MPA 95/1 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 18, 1995 - 147 - CITY OF KITCHENER -ZONE CHANGE APPLICATION 95/17/H/VL - HURON BUSINESS PARK - CITY OF KITCHENER - FAIRVIEW WARD & SOUTH WARD (CONT'D) Staff Report PD 95~85 was prepared as an addendum to report PD 95/29 and deals with various issues and responses concerning the Huron Natural Area and adjacent business park. Planning and Development Staff Report PD 95/82 dated September 13, 1995 deals with applications initiated by the City of Kitchener for amendment to the Municipal Plan and zone change. The lands which are the subject of the applications include the undeveloped part of Huron Business Park generally bounded by Huron Road, Bleams Road, Westmount Road and Strasburg Road. The subject lands comprise an area of approximately 149 hectares (368 acres) and are primarily undeveloped and primarily include the next phases of development for the Huron Industrial Park and future residential development lands. The purpose of the Municipal Plan Amendment is to add a new policy to Part 3, Section 5.3 of the Municipal Plan (Business Park District) prohibiting the same uses outlined in Part 3, Policy 5.1.5 of the Municipal Plan (General Industrial), with the exception of stamping or punch pressing of metal and the addition of asphalt paving plants, manufacturing of organic chemicals, paints and varnish, soaps and detergents and resins and coatings. Also within the amendment, a Special Policy is proposed to be added to Part 3, Section 12 of the Municipal Plan which notes that despite the Low Rise Residential and approved Open Space designations pertaining to lands generally located within and to the south of the Huron Natural Area, that once the necessary environmental and planning studies are completed, it is the intent to rezone these lands to conform to the Low Rise Residential district. In the interim, the existing Business Park zoning will be maintained with the exception of the deletion and the addition of prohibited uses as outlined in the amendment. The proposed zoning change is from Business Park Zone (B-l) to Restricted Business Park Zone (B-2) with special use provision #211 adding asphalt paving plant, the manufacturing of organic chemicals, paints and varnish, soaps and detergents and resins and coatings as prohibited uses and deleting stamping, blanking or punch pressing of metal as a prohibited use, all in accordance with By-law 85-1. Attached to Planning and Development Staff Report PD 95/82 was the proposed amendment to the Official Plan and the proposed Zoning By-law dated August 18, 1995. It was also noted in the report that the Municipal Plan Amendment and Zone Change applies to that area of Huron which is affected by an interim control by-law and is intended to implement some of the recommendations arising from the study of the Huron Natural Area by reducing the impact of certain industrial uses. 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 he had nothing further to add to the reports under consideration. He took the Committee briefly through the recommendations in report PD 95/85 and cautioned that the Committee not approve of recommendation (2) in the report until it has discussed staff report 95/82 and heard any delegations that might be appearing in that regard. Mr. V. Labreche commented on staff report PD 95/82 and pointed out that the advertisement for the public notice of this meeting had referred to Areas 1 and 2 relative to proposed zoning changes. It was noted in report PD 95/82 that following further discussion of staff and the history of concerns raised by property owners regarding the "Two Zone" approach, the report recommends one approach to all the B-1 zones including those properties designated Low Rise Residential, to rezone all the B-1 zone land to B-2 zone with a Special Use Provision for the addition of prohibited uses. Such approach also proposes an amendment to the City's PD 95~85 - ADDENDUM TO PD 95~29 PD 95~29 - HURON ENVIRONMENTAL AREA COOPERATIVE PROJECT - INTERIM CONTROL BY-LAW AND HURON PARK ADJACENT LAND USE STUDY PD 95/82 - MUNICIPAL PLAN AMENDMENT APPLICATION MPA 95/1 -ZONE CHANGE APPLICATION 951171HNL - HURON BUSINESS PARK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 18, 1995 - 148 - CITY OF KITCHENER - CITY OF KITCHENER - FAIRVIEW WARD & SOUTH WARD (CONT'D) Municipal Plan to add a Special Policy Area relating to the area designated Low Rise Residential, but zoned B-1. No delegations responded to the Chair's invitation to address the Committee on these matters. On motion by Councillor T. Galloway, it was resolved: (1) "That Council receive the Huron Park Adjacent Land Use Study. Geomatics International Inc., December, 1994. (2) That Council approve the recommendations in Planning & Development Staff Report PD 95/82 concerning Municipal Plan Amendment MPA 95/1 and Zone Change Application 95/17/HNL. (3) That Council request staff from the Department of Planning and Development and the Economic Development Division to undertake consultation with property owners and industrial businesses in the existing developed Business Park (B-l) zoned lands east of the Huron Natural Area with the objective of deleting the prohibited uses as outlined in ZC from properties that could impact on the Huron Natural Area. (4) That Council defer approval of the Strasburg Creek Master Watershed Addendum to enable discussion between the K-W Homebuilders and MNR, GRCA and Public Works to take place. (5) That Site Plan Approval conditions for all lands within the Huron Business Park be amended to require the minimum asphalt paving of areas used for vehicle servicing/repair and vehicle storage where such storage is associated with vehicles undergoing repair and for all loading/unloading areas and transfer areas. (6) That the City's Guidelines Governing Landscape Plan Requirements be amended to address the issue of the spread of exotic plant species into woodlands and natural areas through consideration of the incorporation and application of the Region of Waterloo Policy, Plantin,q Alien Species In or Adjacent to Environmentally Sensitive Policy Areas EEAC-92-11. (7) That City Council request staff to prepare a report on the approach, costs and opportunities to undertake additional research and study within the Strasburg Creek Subwatershed, including the Huron Natural Area, on such matters as hydrogeology; ground water recharge/infiltration; groundwater flow and contaminant transport modelling; soil, vegetation and wildlife management plans; and natural area Master Planning. (8) That the City Environmental Committee, in conjunction with the Huron Strasburg Natural Park Conservation Project, establish a post development Long-term Monitoring Program for the Strasburg Creek Subwatershed. (9) That the City Environmental Committee, in conjunction with the Environmental Study Group, implement an educational outreach/stewardship program covering both new and existing development within the Strasburg Creek Sub-watershed and in particular, those new and existing residential and industrial developments imparting on the Huron Natural Area." PD 95~85 - ADDENDUM TO PD 95~29 PD 95~29 - HURON ENVIRONMENTAL AREA COOPERATIVE PROJECT - INTERIM CONTROL BY-LAW AND HURON PARK ADJACENT LAND USE STUDY PD 95/82 - MUNICIPAL PLAN AMENDMENT APPLICATION MPA 95/1 -ZONE CHANGE APPLICATION 951171HNL - HURON BUSINESS PARK - CITY OF KITCHENER - FAIRVIEW WARD & SOUTH WARD (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 18, 1995 - 149 - CITY OF KITCHENER On motion by Councillor T. Galloway, it was resolved: a) "That Municipal Plan Amendment Application 95/1 (City of Kitchener) attached to Staff Report PD 95/82 proposing the addition of a new policy to Part 3, Section 5.3 of the Municipal Plan to prohibit those uses outlined in Part 3, Policy 5.1.5 of the Municipal Plan and include an asphalt paving plant, manufacturing of organic chemicals, paints and varnish, soaps and detergents and resins and coatings, and the deletion of stamping or punch pressing of metal, be approved. b) That Part 3, Section 12 of the Municipal Plan is amended by adding a new Special Policy 12.26, Part 3 as outlined in the attached Amendment, and that the legend on Map 8 of the Municipal Plan is hereby amended to add "26. Huron Community - Residential/Open Space" and an associated colour key. Map 8 is also amended to identify the area subject to Special Policy 26 in the associated colour as illustrated on the attached Schedule A. It is the opinion of this Committee that approval of this Amendment to the Municipal Plan is proper planning for the City. c) That Zone Change Application 95/17/HNL (City of Kitchener) requesting a change in zoning from Business Park Zone (B-l) to Restricted Business Park Zone (B-2) with special use provision #211 adding asphalt paving plant, the manufacturing of organic chemicals, paints and varnish, soaps and detergents and resins and coatings as prohibited uses, and deleting stamping, blanking or punch pressing of metal as a prohibited use, all according to By-law 85-1, be approved, in the form shown in the proposed By-law attached, dated Au.qust 18, 1995. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with a recommended Amendment to the City's Municipal Plan." 7. APARTMENTS IN HOUSES LEGISLATION Councillor C. Weylie referred to the City of Waterloo's activities with regard to their objection to the Apartments in Houses Legislation and possible repeal of the Provincial Act in that regard. She requested the General Manager of Planning and Development to prepare a report outlining a strategy of what should be done if the province proceeds to change and/or repeal the Act. Secondly, the City Solicitor was requested to provide legal advice at City Council's September 25th meeting relative to the possibility of Council considering approval of a moratorium with regard to its zoning by-law so as to prohibit development of apartments in houses until provincial legislation has been clarified. 8. WORKING CONFERENCE - RESOLVING PLANNING DISPUTES LOCALLY Mr. T. McCabe distributed a letter dated September 15, 1995 extending an invitation to Councillor's to attend a working conference on resolving planning disputes locally on October 20, 1995 in Waterloo. He pointed out that the City of Kitchener is a co-sponsor of the one day workshop and the only costs that will be incurred were those related to participation by some staff. 9. SUBDIVISION/COMMUNITY TRAIL DEVELOPMENT Councillor M. Wagner advised that an issue had arisen at the Community Services Committee regarding discussion of having community trails built when subdivisions are developed and requested staff prepare an update in that regard. Councillor B. Vrbanovic questioned if it was possible to have a condition within the agreement requiring full disclosure in any advertising brochures, maps, etc., that identifies the planned trail. Mr. T. McCabe advised that Ms. C. Ladd was working on this issue as part of the entire review of Public Notification Process. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 18, 1995 - 150 - CITY OF KITCHENER 10. LOCATION OF WATER SERVICE LINES Councillor Jake Smola advised that recently problems with water lines resulted in the digging up of driveways on Misty Street and he questioned if these services could be installed in lawns rather than driveways in order to lessen future maintenance expense. On motion by Councillor Jake Smola, it was resolved: "That the Department of Public Works be requested to prepare a report for consideration by the Public Works and Transportation Committee which outlines the City's policy/practices in respect to the location of water lines/gate boxes and addresses locating same in lawns rather than driveways in order to lessen future maintenance costs." 11. ADJOURNMENT On motion, the meeting adjourned at 5:40 p.m. L.W. Neil, AMCT Assistant City Clerk