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HomeMy WebLinkAboutDTS-08-203 - Official Plan Amendment OP 08/03/H/KA~, ^ ~~~ fev~~~~r~~rr~ T~~r~~caJ 5e~~rrc~s Report To: Development and Technical Services Committee Date of Meeting: January 5, 2009 Submitted By: Alain Pinard, Interim Director of Planning (519-741-2319) Prepared By: Katie Anderl, Senior Planner (519-741-2987) Ward(s) Involved: Ward 3 Date of Report: December 5, 2008 Report No.: DTS-08-203 Subject: OP08/031H1KA ZC08105/H/KA 65 HANSON AVENUE & 300 ARDELT AVENUE FAMILYAND CHILDREN'S SERVICES OF THE WATERLOO REGION RECOMMENDATION: A. That Official Plan Amendment Application OP081031H1KA requesting a change in designation from General Industrial to General Industrial with Special Policy 47 to permit social service establishment, on lands municipally known as 65 Hanson Avenue and 300 Ardelt Avenue, and legally described as PT LOT 1 PLAN 757 & PART LOT 17 PLAN 791, in the City of Kitchener, be refused. 1 B. That Zone Change Application ZC081051HIKA requesting a change from General Industrial Zone (M-2) and General Industrial Zone (M-2) with Special Regulation Provision 1 R to General Industrial Zone (M-2) with Special Use Provision 64U and General Industrial Zone (M-2) with Special Regulation Provision 1 R and Special Use Provision 64U, on the lands owned by Family and Children's Services of the Waterloo Region, legally described as PT LOT 1 PLAN 757 & PART LOT 17 PLAN 791, in the City of Kitchener (municipally known as 65 Hanson Avenue and 300 ArdeltAvenue) as set out in the form on the attached "Proposed By-law" dated December 1, 2008, be refused. EXECUTIVE SUMMARY: Family and Children's Services of the Waterloo Region is proposing to amend the Official Plan designation and the zoning on the subject lands by adding Special Policy 47 and Special Use Provision 64U to allow their social service establishment as a permitted use on the property known as 65 Hanson Avenue and 300 Ardelt Avenue. Planning staff recommend that the subject zone change and the proposed Official Plan Amendment be refused. BACKGROUND: The subject property is located south and east of Hanson Avenue and north of Ardelt Avenue, as shown on the location map above, and is owned by Family and Children's Services of the Waterloo Region (F&CS). The lands are currently designated General Industrial in the Official Plan and are zoned General Industrial Zone (M-2) and General Industrial Zone (M-2) with Special Regulation Provision 1 R in the zoning by-law. The subject lands contain some office space currently used by F&CS, as well as a large printing establishment. The current zoning allows an office use (including a social service office) to occupy up to 25% of the building's gross floor area. F&CS currently occupies less than 25% of the building; however they wish to expand their operations, and eventually wish to occupy the entire site. Family and Children's Services is the Children's Aid Society for the Region of Waterloo. Planning staff recognize that F&CS provides very valuable services to children and families of the City and the Region of Waterloo and that it is imperative to ensure that these services can continue to be provided. As the City and Region grow, staff understand that the space needs of F&CS are also growing, and can understand the need for an expansion so that these important services can continue to be provided to members of our community. Family and Children's Services purchased the subject property in 2001 for the purpose of expanding their operations in the future. The adjacent property to the west, 200 Ardelt Avenue is also owned by F&CS and contains the organization's main offices. This property was rezoned in 1988 to permit the social service establishment to be located in the industrial area. This zone change occurred under the City's 1978 Official Plan and complied with the policies at that time. However, in 1995 a new Official Plan was approved, and industrial policies were updated to reflect a preference for the maintenance and protection of industrial lands-for industrial and industrial related purposes. Since the Official Plan Amendment and Zone Change applications were formally accepted in April 2008, staff at the City, together with staff at the Region of Waterloo, have worked to find an alternative site for Family and Children's Services. Staff have explored site options within the King Street East Mixed Use Node, the future Ottawa Street Rapid Transit Station Area, the Charles Street Rapid Transit Station Area, and the downtown. Staff, together with F&CS, continue to explore these options. However, in the meantime, F&CS wishes to proceed with their current applications for Zone Change and Official Plan Amendment (at 65 Hanson Avenue and 300 Ardelt Avenue}, in order to formally establish the City's position. 2 Photo #1: 300 ArdeltAvenue Frontage -existing Family & Children's Services Offices Photo #2: 65 Hanson Avenue looking south -existing printing establishment ~ ..~ ryF ~ iR N! 1 1 , ~ '1 7~ ~. ±~ ,;r ~~'~ rr s ` d +~ '~ N ~ r~ ~ 6 ~, yyi ~ .i. ep. } ~ ^ LF J ~ K $v y 9~ J., R~+ ~~` 4 ~' ~ ~ ~ 1 t T :~ } y i h err' 4ua4 : ~, ~' 'S ,~ '~ . 4 i -h4~` y -?Gs„ ~`1~ ` ~ # r a L ~ yy 3 ~ i. ~ p a a. S Wry ~ ~ ~ ~ F 1 ry _ 1'_ " '4 =s_ Y x ~ ~ _._ , r~ 4 6 ~ Y ~ aJ ' iii~~~ r ~ -T _ ms ~~fi. ~4~` Z ~ R .. ~ ~ .. ,e ~ "r , rF ~ e ~ ~ t ~~ :,~ s. - ~~{, M'y T y ~ ~ ~ ~ '^ i ~ ~'~_, rr 111 ~ ~• !~ ! .~ ~ . R! ~ , ~'' n,, i ~ -- ~. ~ • " ~~. ~'~ f7 ~ ~ w~ „ o ~ itt~ - ii , l h t '~~ ~ - _ - 1 ~Y r Aar-~.,_~ '~ . ~ i _ a ~ 1~ ~ i ,~ ~ 1 ..~., ., ~ ',~„ _. ~. ~~ ... ^ _ ~, , ~ I _ t 11I~yh'} '°~ s ~ a~~ f- i _4 -, =r~.' 1 ~ ~ _ ~v=~ __ ~~~~ _ ~ .. ~ Q ~~, a .yo- - ~ `~ n - =~' _ - - - L ~~ ~ ~o Photo #3: 65 Hanson Avenue looking west -existing printing establishment and Family & Children': Services adjacent site (200 Ardelt Avenue). 3 REPORT: Planning Comments Family and Children's Services of the Waterloo Region (F&CS) is proposing to amend the Official Plan designation and the zoning on the property known as 65 Hanson Avenue and 300 Ardelt Avenue by adding Special Policy #47 and Special Use Provision 64U to allow their social service establishment to occupy 100% of the gross floor area. Planning staff recommend that the proposed Official Plan Amendment and the subject zone change be refused. However, an amendment to the Official Plan and a proposed Zoning By-law have been drafted and are attached as Appendix "B" & Appendix "C" to this report, should Council decide on a different recommendation. The subject lands are currently designated General Industrial and are zoned General Industrial Zone (M-2). Special Regulation Provision 1R also applies to a portion of the lands which requires that the owner obtain a Fill, Construction and Alteration to Waterways Permit from the Grand River Conservation Authority prior to the erection of any permitted building or any placement of fill. The current designation and zoning permit a range of industrial uses including manufacturing, printing establishment, warehousing, tradesman or contractor's establishment among many other uses. Currently office uses are permitted to occupy a maximum of 25% of the site's gross floor area. The intent of the City's Official Plan policies and zoning is to protect sensitive uses from more intrusive uses. The subject lands are located immediately adjacent to lands which are zoned and designated Heavy Industrial. This is one of only three large Heavy Industrial areas in the City and allows uses not permitted in other industrial areas because they may be obnoxious due to vibration, noise, emission or odour. Heavy Industrial areas must be well separated from more sensitive uses to which they may cause a disturbance. The services provided by F&CS are considered a sensitive land use, as their primary clientele are children and families. Today, nearby heavy industrial lands are occupied by more general industrial uses, however, this does not preclude the lands from being redeveloped with a heavy industrial uses that could include the primary production of chemicals, processing, milling or packaging of animal feed, salvage or scrap yards, slaughtering, smelting, refining, stamping or punch-pressing of metal, and tanning. Staff do not feel that it is appropriate to allow lands to be redesignated for a sensitive social service use, in such close proximity to lands which could accommodate heavy industrial uses. Furthermore, industrial lands, must be protected for industrial uses. Centrally located, accessible, and serviced industrial land has become much more difficult to find within the urban area, and the City has limited opportunities to further expand existing industrial areas. Official Plan policy 2.2.3 states that, "The City shall also protect industry from the encroachment of commercial and residential uses which may occur at the expense of industrial activity and growth. This shall be done by restricting certain commercial and residential uses in industrial areas." Today, industrial policies recognize that certain uses require large areas of serviced lands with good access to highways, and separation from more sensitive uses. The subject lands have good access to highways, and are also well buffered from sensitive land uses, which makes them ideal for industrial uses. Planning staff are of the opinion that these lands should be preserved as industrial. Staff understand that the proximity to the Conestoga Expressway makes this site very accessible for clients and staff of F&CS. Staff concur that from a vehicular point of view this may be the case. The subject site is situated between Homer Watson Boulevard and Courtland Avenue which are both primary arterial roads, both having full interchanges with the Conestoga Parkway. However, the subject lands are not well served by Grand River Transit and are not pedestrian friendly. Current transit maps show that the nearest bus stop is more than 600 metres from the subject parcel of land. Planning staff feel that 400-500 metres (about a five minute walk) is the maximum, comfortable, walking distance to achieve pedestrian and transit supportive areas. Courtland Avenue and the nearby rail corridor have been identified by the Region of Waterloo as potential routes for the future rapid transit line. However, no station locations are proposed in this vicinity. Furthermore, as this is an older industrial area, there are no sidewalk connections from the site to either Homer Watson 4 Boulevard or Courtland Avenue. Staff feel that it is very important for social service and office uses to be located in areas that are well served by public transit and that are pedestrian friendly -such as Mixed Use Nodes and Mixed Use Corridors. This helps to improve accessibility for staff and clients by providing a greater level of transportation alternatives. In addition, locating large offices along the transit corridors will help to make the corridors themselves more feasible. This site is clearly located in an industrial area, which was designed for private vehicular and truck traffic, rather than as an area suitable for office and social service uses. Industrial uses are not good candidates for either infill development or intensification areas as, industrial uses are very difficult to integrate appropriately into previously developed areas -whereas office and social service uses are excellent candidates for infill or intensification areas. The City's Official Plan Policies recognize that office and social service uses are very appropriate in centrally located commercial areas and the downtown. In 2002, MPA #36 updated the City's commercial policy structure to permit a full range of commercial uses, including free-standing office (which can include social service establishments}, at locations based on a series of Nodes and Corridors (i.e. Mixed Use Nodes and Mixed Use Corridors). Such areas allow for intensive, transit supportive development, with strong pedestrian linkages to surrounding residential areas. Such nodes and corridors contribute to complete communities and provide a mix of employment, commercial and residential opportunities. Commercial uses, service uses and office uses (including social service offices) are compatible with residential development -especially multiple dwellings. Staff feel that a more appropriate area for office type uses would be in a Mixed Use Node, a Mixed Use Corridor, or the downtown. City and Regional staff have been working with F&CS to help locate a suitable property located in an intensification area. Several sites have been explored, however no site decisions have been made to date. Staff are prepared to continue to work with F&CS to find an appropriate site. For all the above reasons, staff feel that it is not appropriate to redesignate and rezone lands in an industrial area to allow new office space or new space for social service uses. Therefore, staff recommend that the proposed Official Plan Amendment and Zone Change be refused. Provincial Policy Considerations The proposed Zoning By-law Amendment and Official Plan Amendment for this site do not meet the intent of Places to Grow or the Provincial Policy Statement (PPS). Provincial policies speak broadly about protecting and preserving employment areas, and promoting efficient land use patterns. Provincial policies also focus on reducing the dependence of the automobile by focusing development to areas well served by transit. Furthermore, the PPS specifically speaks to co- locating public service facilities to help promote service integration. Based on the discussion and reasoning in the preceding sections of this report, this particular property should be preserved for industrial employment uses. As previously stated, the subject parcel is not well served by transit and is not pedestrian friendly. Staff feel that social service uses are better located in more central areas, where there is better opportunity to access transit and where there are options for service integration. CONCLUSION: City of Kitchener planning staff cannot support eitherthe proposed Official Plan Amendment or Zone Change application. Staff feel that industrial areas should be protected for industrial uses, and that there are more appropriately located areas for the proposed use. Staff feel that the proposed amendments are not consistent with the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, and is not consistent with the policies of the City's Official Plan. Based on the foregoing, the Official Plan Amendment and Zoning By-law Amendment are not considered appropriate or good planning, and staff recommend refusal. City and Regional staff will continue to work with F&CS to find a more appropriate location for their offices. 5 A~ENCYCO~II~IENTS: Commenting agencies and City departments had no objections with the proposed official Plan Amendment or Zone Change. The Region of Vllaterloo has commented that the site is considered potentially contaminated, and that in accordance with their protocol, a Record of Site Condition is required to be completed for the subject lands, prior to apprava! of the proposed Official Plan Amendment by the Region of Vllaterloa, should City Council adopt the amendment. N~IGNBOURHC?4D C~MM~NTS: As a result of the preliminary circulation of the Official Plan Amendment and Zone Change applications, staff received no written responses from neighbouring property owners. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are associated with this recommendation. Ct~MMUNICATIaNS: Preliminary circulation of the Official Plan Amendment and Zone Change was underkaken an May 30, 2408 to all appropriate agencies and to all property owners within 20 metres of the subject lands. As a result of this circulation, staff received no responses from neighbouring property owners. An advertisement will be place in the Record Qn December ~ 2, 2008, CC~NCLUSIC~N: Planning staff recommend that Official Plan Amendment application OPO814311~IIKA and Zoning By- IawAmendment application ZC0810~IHIKA, be refused. ~~~ V ~ Katie Anderl RPP MCIP Senior Planner p 1 S .'i Della Ross, RPP, MCIP Manager of Development Review Alain Pinard, RPP, MCIP Interim Director of Planning Attachments: Appendix "A" Newspaper Advertisement Appendix "B" Proposed Official Plan Amendment Appendix "C" Proposed Zoning By-law "A" Appendix "D" Preliminary Circulation and DepartmentlAgencyGomments 6 Councillor John Gazzola Fairway -Gateway Ward OP08/003/H/KA ZC08/05/H/KA Family and Children's Services of the Waterloo Region Advertised in The Record December 12t", 2008 CITY OF KITCHENER COMMITTEE OF COUNCIL DEALING WITH PLANNING MATTERS Invites PROPERTY OWNERS AND INTERESTED PARTIES to attend a PUBLIC MEETING TO DISCUSS A PROPOSED OFFICIAL PLAN AMENDMENT AND A PROPOSED ZONING BY-LAW UNDER SECTIONS 17, 22 AND 34 OF THE PLANNING ACT,1990 65 Hanson Avenue/300 Ardelt Avenue The subject lands are currently designated General Industrial and are zoned General Industrial Zone (M-2) which permits a broad range of industrial uses. A portion of the building is currently being used by Family and Children's Services as office space, and the remainder contains a large printing establishment. The owner is proposing to add Special Policy #47 and Special Use Provision 64U to the existing designation and zoning to permit the entire property to be used as a Social Service Establishment. The public meeting will be held by the City's DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE, a Committee of Council which deals with Planning Matters, on MONDAY, January 5t" 2009 at 7:00 P.M. IN THE COUNCIL CHAMBERS, 2ND FLOOR, CITY HALL, 200 KING STREET WEST, KITCHENER. Any persons may attend the Public Meeting and make written and/or verbal representation in respect to the proposed Official Plan Amendment and Zoning By-law Amendment. If a person or public body does not make oral submissions at this public meeting or make written submissions to the City prior to the approval of the amendments, the Ontario Municipal Board may dismiss future appeals. ADDITIONAL INFORMATION relating to the proposed Official Plan Amendment and Zoning By-law Amendment is available for inspection between 8:30 a.m. and 5:00 p.m. at the Development and Technical Services Department, 6t" Floor, City Hall, 200 King Street West, Kitchener. Katie Anderl Senior Planner Phone No. 519-741-2987 (TTY-TDD - 741-2385) katie.anderl a(~.kitchener.ca AMENDMENT NO. TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER FAMILY AND CHILDREN'S SERVICES OF THE WATERLOO REGION 65 Hanson Avenue and 300 Ardelt Avenue AMENDMENT NO. TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER FAMILY AND CHILDREN'S SERVICES OF THE WATERLOO REGION 65 Hanson Avenue and 300 Ardelt Avenue TN11FX SECTION 1 TITLE AND COMPONENTS SECTION 2 PURPOSE OF THE AMENDMENT SECTION 3 BASIS OF THE AMENDMENT SECTION 4 THE AMENDMENT A PPFNIIT(~F C APPENDIX 1 December 12, 2008 Notice of the Meeting of Development and Technical Services Committee APPENDIX 2 Minutes of the Meeting of Development and Technical Services Committee -January 5, 2009 APPENDIX 3 Minutes of the Meeting of City Council -January 12, 2009 AMENDMENT N0. TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1- TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. _ to the Official Plan of the City of Kitchener. This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 -PURPOSE OF THE AMENDMENT This Official Plan Amendment proposes to amend the existing General Industrial designation by adding a Special Policy to permit 100% of the site to be used by a Social Service Establishment. SECTION 3 - BASIS OF THE AMENDMENT The subject property is owned by Family and Children's Services of the Waterloo Region (F&CS) and is designated General Industrial. This designation permits a broad range of industrial uses including manufacturing, technical and scientific businesses, repair services, and warehouses. The subject parcel of land contains a 3816 m2 building which contains a large printing establishment and office space currently occupied by F&CS, a social service establishment. The owner is proposing to add a Special Policy to the existing designation to permit a Social Service Establishment. The current Official Plan does not specifically recognize Social Service Establishment as a permitted use on the lands known municipally as 65 Hanson Avenue and 300 Ardelt Avenue. The owner's are also seeking a zoning by-law amendment to add Social Service Establishment as a permitted use in the General Industrial designation, as described in the report DTS 08-203. SECTION 4 -THE AMENDMENT 1. The City of Kitchener Official Plan is hereby amended as follows: a) Part 3 -Section 12 is amended to add new Policy #47 as follows: "47. Notwithstanding the General Industrial designation, on lands municipally known as 65 Hanson Avenue and 300 Ardelt Avenue, social services establishment shall be permitted. b) Map No. 8 -Special Policy Areas is amended to add new Area No. 47 - 65 Hanson Avenue and 300 Ardelt Avenue as shown on the attached Schedule "A". APPENDIX 1 December 12, 2008 Notice of the Meeting of Development and Technical Services Committee Councillor John Gazzola Fairway -Gateway Ward OP08/003/HIKA ZC08/05/HIKA Family and Children's Services of the Waterloo Region Advertised in The Record December 12t", 2008 CITY OF KITCHENER COMMITTEE OF COUNCIL DEALING WITH PLANNING MATTERS Invites PROPERTY OWNERS AND INTERESTED PARTIES to attend a PUBLIC MEETING TO DISCUSS A PROPOSED OFFICIAL PLAN AMENDMENT AND A PROPOSED ZONING BY-LAW UNDER SECTIONS 17, 22 AND 34 OF THE PLANNING ACT,1990 65 Hanson Avenue/300 Ardelt Avenue The subject lands are currently designated General Industrial and are zoned General Industrial Zone (M-2) which permits a broad range of industrial uses. A portion of the building is currently being used by Family and Children's Services as office space, and the remainder contains a large printing establishment. The owner is proposing to add Special Policy #47 and Special Use Provision 64U to the existing designation and zoning to permit the entire property to be used as a Social Service Establishment. The public meeting will be held by the City's DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE, a Committee of Council which deals with Planning Matters, on MONDAY, January 5t" 2009 at 7:00 P.M. IN THE COUNCIL CHAMBERS, 2ND FLOOR, CITY HALL, 200 KING STREET WEST, KITCHENER. Any persons may attend the Public Meeting and make written and/or verbal representation in respect to the proposed Official Plan Amendment and Zoning By-law Amendment. If a person or public body does not make oral submissions at this public meeting or make written submissions to the City prior to the approval of the amendments, the Ontario Municipal Board may dismiss future appeals. ADDITIONAL INFORMATION relating to the proposed Official Plan Amendment and Zoning By-law Amendment is available for inspection between 8:30 a.m. and 5:00 p.m. at the Development and Technical Services Department, 6t" Floor, City Hall, 200 King Street West, Kitchener. Katie Anderl Senior Planner Phone No. 519-741-2987 (TTY-TDD - 741-2385) katie.anderl@kitchener.ca APPENDIX 2 Minutes of the Meeting of Development and Technical Services Committee -January 5, 2008 APPENDIX 3 Minutes of the Meeting of City Council -January 12, 2008 Z ~ > J Z w ~ Z ~ ~ a `~ ~ o~ ~ ~ _ ~ = .._ ~ J~~ ~ ~ a ~ aaw _ ~ ~ Q ~o a'` ~Q ~ o ~ 0 o V Q~ ~ Q~ U ~ pp o0 ~a ~ O Z~Q ~ U ~'~~ ~ p ~` ~0~ c ~ ~o> ~ ~ ~ N ~ J ~ ~ ° ~ ~ C~ w Z ~ Z ZWa ~ ~ .~ ~ ~ °' a~ ~ J ~ o Z W 0 - ~ ~~ W ~ J 2 ~ ~ ~ 0 _ Q ~_ ~~ ~ ~ Z Q ~ Q ~~ ~ a~ VZa ~ o ~ °~~ a i ~ U S~; ~W a ~ N ~ a Q Q ~ ~ o ~ ~ Q w J ~ V~ ~ ~ ~LQ~ ~ ~ J G ~ •~U ~ ~ ~ ~ J z J w ~ `~ ~ ~ V ~ J m ~ a ~ Q ~ ~~ J = c ~ ~' Q ~ .~ V~ ~ w 0 IL Z ~ 0 0 O N ~ ~ ~ w ~ ` PJ ` ~ ~ ......... w ~ P ` ~ ,~~, ~ ~ ~ J GO ~ ~ o o ~ N o N o `` ~ N ~ ° ~ N N ~ o w m I W o ~° ~ I wo W ~~ 0 z w ° Q .. ~ U ~ Py w~ Q-P ~ W W ~ v ~~' °~ ~ Q P~~~ ~ ~ 2 ~ W J ~P~ ~ ~ ~ - ~ w ~ ~P ~ J~ ~ ~ Q ~ - ~ Q ~~ ~j W Z o 0~ ~ J ~ ° r ~ ~~ ~P ~ p ~ ~ ~ o- ~ ~ W = w ~ ~ ~ = U Q 0 `~` V ~ Z Y~ N Q 0 `~ ~ z Q J Q v ~ _ Q ~ ~ ~ Appendix C -Proposed Zoning By-law PROPOSED BY-LAW December 1, 2008 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Family and Children's Services of the Waterloo Region -Hanson Avenue and Ardelt Avenue) WHEREAS it is deemed expedient to amend By-law 85-1; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. Schedule No. 146 of Appendix "A" to By-law Number 85-1 is hereby amended by designating as General Industrial Zone (M-2) with Special Use Provision 64U and General Industrial Zone (M-2) with Special Regulation Provision 1 R and Special Use Provision 64U instead of General Industrial Zone (M-2) and General Industrial Zone (M-2) with Special Regulation Provision 1 R, the parcel of land described as Part of Lot 1, Registered Plan 757 and Part of Lot 17, Registered Plan 791 (65 Hanson Avenue and 300 Ardelt Avenue), in the City of Kitchener. These lands are shown on Map No. 1 attached hereto. 2. Schedule No. 146 of Appendix "A" to By-law Number 85-1 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 3. Section 64 of Appendix "C" to By-law 85-1 is hereby amended by adding "Part Lot 1, Registered Plan 757," after the phrase "described as". 4. This By-law shall come into effect only upon approval by the Minister of Municipal Affairs and Housing, or his/her delegate, of Municipal Plan Amendment No. , (65 Hanson 8 Appendix C -Proposed Zoning By-law Avenue and 300 Ardelt Avenue}, but upon such approval, the provisions hereof affecting such lands shall be deemed to have come into force on the date of passing hereof. PASSED at the Council Chambers in the City of Kitchener this day of 2008. Mayor Clerk 9 Z ~ ~. ~. w N N N J ~ ~o ~ ... N ~ ~ .. N U N W~~~~ .. 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