ORDER OF PROCEEDINGS PERTH TOWN COUNCIL 6:00 PM, Tuesday, January 21, 2014

Transcription

1 ORDER OF PROCEEDINGS PERTH TOWN COUNCIL 6:00 PM, Tuesday, January 21, 2014 Together, we are a welcoming, vibrant family of communities, intent upon securing our economic future while celebrating our heritage and meeting the needs of our citizens in an environmentally conscious manner. a) First Meeting in Call To Order 6:00 PM.: b) Disclosure of Pecuniary Interest and General Nature Thereof: c) Closed Session: In accordance with Section of the Municipal Act, 2001, Council may meet in closed session for the purpose of discussing the following: Security of Property of Municipality or Local Board Personal Matters Concerning an Identifiable Individual, Including Municipal or Board Employees A Proposed or Pending Acquisition or Disposition of Land by the Municipality Labour Relations or Employee Negotiations Litigation or Potential Litigation, including Matters Before Administrative Tribunals, Affecting the Municipality or Local Board Advice that is Subject to Solicitor-client Privilege, including Communications Necessary for that Purpose A Matter in Respect of Which a Council, Board, Committee or other Body may hold a Closed meeting under Another Act d) Open Session: e) Matters Arising from Closed Session: f) Moment of Silence Judge Matheson g) Presentations/Awards: 1. Rick Kerfoot, Customer Operation Manager, Hydro One PowerPlay Grant Presentation for the Splash Pad h) Mayor s Declarations: 1. Heart and Stroke Foundation February 2014 Heart Month 2. Raise the Roof Campaign Toque Tuesday February 4 th, 2014

2 i) Consent Agenda: By-laws Included in Consent Agenda: No Amend By-law No Perth Stingrays Memorandum of Understanding (MOU) Extension No Amend By-law No Appoint Directors to the Business Improvement Area (BIA) Board of Directors No Agreement for Boiler Replacement and HVAC System Alterations Roof and Building Services Intl. No Antonio Way Road Assumption By-law No Agreement Water Meter Reader Bret Hogue No Municipal Election Joint Compliance Audit Committee Terms of Reference No Confirmation of Proceeding in December Motions Included in Consent Agenda: Approval of Minutes December 17, Correspondence Proposed Dog Park in the Town of Perth Correspondence Youth Action Kommittee (YAK) Request for Funding Correspondence Request to Install New Swings at Conlon Farm Correspondence The Royal Canadian Legion Ontario Command Military Service Recognition Book Request for Support Authorization to Submit a Grant Application Ontario Sport and Recreation Communities Fund (OSRCF) Heritage Perth Architectural Conservation Award Program 2013 Nominations Authorization to Submit Grant Applications(s) Parks Canada National Historic Sites Cost Sharing Program j) Approval of Minutes of December 17, 2013 Meeting See Consent Agenda Motion # k) Notice Required Under the Notice By-law: 1. Special Committee of the Whole Meeting Budget Deliberations Friday, January 31 st, :00 AM 2. Heritage Conservation District By-law Annual Review Tuesday, February 4 th, :15 PM l) Delegations: m) Receiving Committee Reports: n) Unfinished Business:

3 o) By-laws: p) Motions: Correspondence St. John Ambulance Request for Funding Correspondence Tri-Municipal Drug Strategy Annual Funding Request Correspondence Santa Claus Parade Idling Cars Correspondence Rail Safety in the Town of Perth Establish a Delegation q) Miscellaneous Business: Staff Reports: 1. Report 2014-Council-1.1: Amend Zoning By-law No.3358 Re-Zone 101 Wilson Street West (Zoning File No. D14-AC-05-13) Report Attached (+By-law, +PAC Motion, +PAC Report (2)) r) Next Meeting: Tuesday, February 18, 2014 s) Questions From The Media: t) Adjournment:

4 January 21, 2014 PERTH TOWN COUNCIL CORRESPONDENCE PAGE 1 Council Information a) January 13 Randy Pettapiece, MPP, Perth-Wellington Resolution on Joint and Several Liability b) January 15 Lanark County Economic Development Committee of the Whole Minutes c) January 15 Lanark County Public Works Committee of the Whole Minutes

5 2014-Council-1.1 REPORT Date Presented: January 21, 2014 To: From: Subject: Mayor and Members of Council Eric Cosens, Director of Planning Amend Zoning By-law No Re-Zone 101 Wilson Street West (Zoning File No. D14-AC-05-13) For Information Only Delegation Presentation Attachment X Recommendation: BE IT RESOLVED THAT THE COUNCIL OF THE TOWN OF PERTH PASS BY-LAW , BEING A TO AMEND BY-LAW NO. 3358, TO CHANGE THE ZONE CATEGORY ON LAND MUNICIPALLY KNOWN AS 101 WILSON STREET WEST FROM THE RESIDENTIAL SECOND DENSITY (R2) ZONE TO A RESIDENTIAL FOURTH DENSITY EXCEPTION TWENTY-ONE (R4-21-H) ZONE WITH A HOLDING PROVISION, AS PRESENTED IN REPORT 2014-COUNCIL-1.1. Executive Summary: The Planning Advisory Committee (PAC) held a public meeting in regard to a Zoning Amendment Application proposing development of a three (3) storey, twenty-four (24) unit apartment, on lands municipally known as 101 Wilson Street West. Having considered the comments and submissions made during the public meeting, the comments from municipal departments, other agencies and planning staff, PAC passed Motion #2014-PAC-1, recommending the site specific zoning amendment. Strategic Plan Comments: Sector 4 Planning and Development Strategic Initiative (SI) #3: Ensuring timely review and completion of applications. Background/Discussion: A Site Specific Zoning Application has been filed by Zanderplan Inc., as the agent for both the owner and a prospective purchaser of lands presently owned by Mr. R. Dixon municipally known as 101 Wilson Street West. The Applicant is proposing the development of a twenty-four (24) unit apartment form building. The Applicant is requesting exemptions for a reduced landscaped buffer for the parking area and staff are recommending a 30 m setback from the Canadian Pacific Rail (CPR) line (Reference Reports 2013-PAC-11.1 and 2014-PAC-U.B.1, attached).

6 The required public meeting was convened by the Planning Advisory Committee (PAC) during its meeting on December 18 th, Neighbouring property owners attended the meeting and concerns were expressed with regard to drainage, side yard setbacks/fencing, balconies and site lines at the entrance. The Applicant s drainage plans were explained, installation of privacy fencing was confirmed, no reduction in building setback, no balconies was confirmed, and; the entrance design and sight lines explained appeared to satisfy the questions raised. The Applicant s Planner and municipal staff noted that the proposed use is permitted in the applicable Official Plan designation. They noted that the Planning Advisory Committee considered the responses of the Applicant and the Applicant s Planning Consultant to the concerns raised, the submissions of municipal departments, and the report and comments from planning staff. The Committee found the application and draft by-law presented at the meeting to be appropriate and passed Motion 2013-PAC 2.1 recommending that Council pass a By-law to apply the Residential Fourth Density Exception Twenty-one (R4-21-h) with a holding provision. Options: Option 1: Recommended: Pass By-law No , being a By-law to amend Zoning By-law No to apply the Residential Fourth Density Exception Twenty-one (R4-21-h) Zone with a holding provision. Option 2: Not Recommended: Refer the issue back to the Planning Advisory Committee. That Council refer this matter back to the Planning Advisory Committee to reconsider the application. If this action is taken it should be based on new information that warrants further review by Committee and/or further investigation by municipal staff. Option 3: Not Recommended: Do nothing. The effect of denying the owner s request would be to prohibit the proposed medical clinic and associated uses and could result in an appeal to the Ontario Municipal Board. The proposed use is permitted under the applicable policies of the Official Plan and no substantive basis for denying the use has been identified. Financial Considerations: Reference Reports 2013-PAC-11.1 and 2014-PAC-U.B.1, attached. Applicable Policy/Legislation: Reference Reports 2013-PAC-11.1 and 2014-PAC-U.B.1, attached. Others Consulted: Reference Reports 2013-PAC-11.1 and 2014-PAC-U.B.1, attached. Respectfully submitted, Approved by, Eric Cosens, RPP, Director of Planning John derosenroll, CAO

7 THE CORPORATION OF THE TOWN OF PERTH BY-LAW NO DRAFT A zoning amendment to change the zone category of land at 101 Wilson Street W from the Residential Second Density (R2) Zone to the Residential Fourth Density Exception Twenty-one (R4-21) Zone. Recitals: 1. Council may pass a Zoning By-law amendment to permit a Zoning Amendment pursuant to Section 34 of the Planning Act, R.S.O. 1990, as amended; 2. The Town has received an application on behalf of the land owner to amend Zoning By-law No as it applies to land at 101 Wilson Street West, to change the zone category from the Residential Second Density (R2) Zone to a Residential Fourth Density (R4) Zone with a reduced landscaped buffer for the required parking area. This Application has been supported by a Noise Study and Drainage and Storm-Water Management and Servicing studies that demonstrate the site is suitable for development. 3. The Council of the Town of Perth reviewed motion PAC-# and Report Council-1.1, concurs with the recommendation to pass a By-law to permit changing the zone category from the Residential Second Density (R2) Zone to the Residential Fourth Exception Twenty-One (R4-21) Zone. 3. The Town has issued the required public notice, and the Planning Advisory Committee held a public meeting on December 18 th, 2013, and; having considered the merits of the Application recommends the requested zoning change. 4. Having considered these matters, the Council for the Corporation of the Town of Perth deems it advisable to approve the proposed zoning change. Accordingly, the Council of the Corporation of the Town of Perth enacts as follows: 1. AUTHORIZATION 1.1 That By-law No. 3358, as amended, be further amended insofar as to add a new article to subsection 9.4 as follows: 21. R4-21 Residential Fourth Density Exception Twenty-one (R4-21) Zone a) Notwithstanding any provision of subsections 4.2, 9.2 or 9.3 to the contrary, in the R4-21 Zone the minimum landscaped open space buffer abutting a parking area may be reduced to 1m from a parking area provided the buffer includes a solid board screening fence or continuous hedge not less than 1.2 m (4 ft.) in height. b) Notwithstanding any other provision of this By-law to the contrary, any habitable building shall be located a minimum of 30 m from the property boundary of land owned or occupied by a railway operator and used as a rail corridor. 1.2 That By-law No. 3358, as amended, be further amended insofar as to modify Schedule A by changing the Zone Category on land described as PT Lots D and E, Park Lot 5 Plan 8828 being Part 1 RP R339, municipally known as 101 Wilson Street West, in the Town of Perth, to the Residential Fourth Density Exception Twenty-one (R4-21-h) Zone with a holding as shown on Schedule A attached hereto and forming a part of this By-law. Town of Perth By-law DRAFT Page 1 of 3

8 1.3 While the (-h) holding provision is in effect no construction shall be permitted above the level of the foundation. The holding provision will not be removed until a Site Plan Agreement ensuring the Noise Study is implemented and has been completed and any performance deposit required by the Site Plan Agreement has been accepted by the Town of Perth. 2. EFFECTIVE DATE 2.1 This By-law shall come into effect on the day it is passed subject to the provisions of Section 34, and the Regulations under, the Planning Act R.S.O. 1990, as amended. Read a first time, second and third time and finally passed this xx day of January, John Fenik, Mayor Lauren Walton, Clerk (Seal) Town of Perth By-law DRAFT Page 2 of 3

9 Schedule A to By-law DRAFT Lands subject to Zone change to the Residential Fourth Density Exception Twenty-one (R4-21-h) Zone passed this th day of 2014 DRAFT John Fenik, Mayor Lauren Walton, Clerk Town of Perth By-law DRAFT Page 3 of 3

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11 PAC REPORT Date Prepared: December 12, 2013 Date Presented: December 18 th, 2013 To: From: Chair, and Members of the Planning Advisory Committee Eric Cosens, Director of Planning Subject: Zoning By-law Amendment 101 Wilson St W, (Town File D14-AC-05/13 Robert Dixon) For Information Only Delegation X Attachment Recommendation: THAT THE PLANNING ADVISORY COMMITTEE RECOMMEND THAT THE ZONING BY-LAW AMENDMENT TO CHANGE THE ZONE CATEGORY ON LAND MUNICIPALLY KNOWN AS 101 WILSON STREET WEST FROM THE RESIDENTIAL SECOND DENSITY (R2) ZONE TO A RESIDENTIAL FOURTH DENSITY EXCEPTION (R3-x) ZONE BE DEFERRED PENDING RECEIPT AND EVALUATION OF COMMENTS EXPECTED FROM THE CANADIAN PACIFIC RAILWAY. 1.0 Background: The proposed zoning amendment is based on a site specific application requesting a zoning change from the R2 Zone to the R4-x Zone to permit the construction of a three storey 24 unit apartment building. The requested exemption proposes a reduced landscaped open space from the 4.5 m required under Section 4.22 (a) of the Zoning By-Law, to 1 m between the parking area and the rear lot line. 2.0 Analysis: 2.1 Property Location and Description: The land subject to the proposed Zoning amendments is a rectangular shaped lot located on the easterly side of Wilson St W, compromising as PT Lots D and E, Park Lot 5 Plan 8828 being Part 1 RP R3391 in the Town of Perth. The lot is approximately 3121 m 2 (10,239.5 ft. 2 ) in size with about m (160.8 ft.) of frontage on Wilson St W. The property is currently vacant and is largely grass covered with tree and shrub vegetation at the periphery and a few dispersed trees on the lot. It features relatively flat terrain that slopes gently toward the abutting municipal land and CPR railway corridor to the south-west. However, Wilson Street features an elevated grade at the rail crossing such that the property is notably lower than the street and will require a ramped driveway to access the street. 2.2 Surrounding Land Uses The property is in an area of mixed uses with single detached residential uses predominating along Haggart Street the north. However the abutting residential lots are relatively large; they exceed 45 m (150 ft.) in depth with an average rear yard exceeding 22 m(72 ft.). There are two larger properties to the rear (east) developed with apartment buildings as well as Daines Park. To the south is the CPR main rail line and a larger commercial property with a currently unoccupied building. the Lanark County yard site is to the west on the opposite side of Wilson Street. Page 1 of 4

12 2.3 Proposed Uses The effect of the proposed amendment would be to permit multi-residential development. This would facilitate construction of a proposed three storey, 24 unit, apartment building for which a site plan application has also been filed. The exception zone is requested to permit a reduced landscaped open space buffer, required between the parking area and the rear lot line under Section 4.22 (a) of the Zoning By-Law, from the 4.5 m to 1 m. This abuts an open green-space area on the abutting property. 3.0 Comments from Notification/Circulation 3.1 The proposed amendment was circulated to all municipal departments and the following comments have been received: The Fire Service, the Director of Protective Services and Chief Building Official, Environmental Services Department and Chief Administrative Officer have indicated either no concerns or no objections to the proposed zoning amendment. The Director of Community Services has no objections to the proposed zoning amendment but has noted there should be pedestrian access to Wilson Street and there may be a need or request for additional facililties in Daines Park with an increase in residents. Police Services have filed no concerns regarding the proposed zoning amendment. 3.2 Canadian Pacific Railway has expressed reservations about the proposed development and advised that more detailed comments will be submitted by or shortly after the public meeting date. 3.3 There have been inquiries but no formal comments have been filed from adjacent land owners or the public as of the date of this report. 4.0 Financial Considerations: 4.1 Generally it is neither prudent nor relevant to give significant weight to the financial implications of Official Plan, Zoning and other land use approval decisions. The potential financial benefit to the applicant or any impacts to property values, either on the site or on adjacent lots, should not be given significant consideration relative to other land use issues such as physical impacts, compatibility or traffic concerns; i.e. if the only concern is one of property value impacts then this has historically been seen by the Ontario Municipal Board as insufficient grounds for denying an application. 4.2 The Provincial Policy Statement, however, directs that the financial implications of development proposals for the financial wellbeing and sustainability of the Province and municipalities is to be considered. The proposal has potential financial benefit to the Town by facilitating intensified development on a vacant lot and results in a more efficient use of existing municipal services. This in turn will contribute to both the sustainability of municipal infrastructure and the financial well being of the Town by increasing the assessed value of the property and creating a revenue stream from a site served by existing infrastructure. It also reduces or delays the need to expand the water and sanitary sewer service systems. 5.0 Existing Policy: 5.1 The Provincial Policy Statement (PPS) The proposed zoning amendment is consistent with the intent of the PPS which promotes urban areas and settlement areas as centers of growth, supports development patterns that encourage municipalities to use serviced land efficiently [PPS Part IV Sect ]. The proposed zoning amendment will facilitate the infilling and redevelopment of under utilized, fully serviced urban land. The amendment therefore is consistent with Sections , , and of the PPS. Page 2 of 4

13 5.2 The Official Plan for the Town of Perth The development strategy in Section 1.2 of the Plan encourages provision of a compact and energy efficient land use pattern, maintenance of a healthy and liveable urban environment. Section 5.6 of the Plan stipulates that transportation corridors, including the railway are to be protected from land uses that may interfere with the function and safe operation of the corridor. Section 7.6 specifies that residential development in proximity to the rail corridor has subject to a noise and vibration assessment consistent with the guidelines established by the Ministry of the Environment. The applicant has completed a noise and vibration impact study. The study has recommended specific design requirements for the building that will need to be implemented through the site plan control process to protect residents from the noise and vibration impacts from rail operations. Consistent with the findings of the study, residents must be cautioned that there will be no outdoor use areas available that will comply with noise guidelines. The residential development concept of the Official Plan (Sect 8.1) specifies that the intensification of lot use through development at higher density will be encouraged where compatibility with the density and height of existing development is maintained. The Goal of the Official Plan (Sect. 8.2) with respect to housing is to: provide adequate and affordable housing for all residents and the flexibility to respond to changing market conditions. The proposed rezoning is consistent with the development concept and goal of the Official Plan. The subject land is designated Residential in the Official Plan. The Official Plan contains the following objectives in Section 8.3 Residential Area Designation: To encourage a variety and mix of housing types to meet the changing needs of households. To provide for compact, energy efficient development that is fully serviced. To encourage infill and intensification projects which optimize the use of existing infrastructure To ensure that the built form, massing and profile of new and redeveloped housing is well integrated and compatible in design with existing housing and that a compatible transition between existing housing and new residential land uses is achieved. Section of the Official Plan sets out the objectives of the Plan which include: encouraging a mix of housing types; encouraging infill and intensification projects which optimize infrastructure use; maintaining ground oriented housing; and ensuring the building form, massing and profile of new development is well integrated with existing development. The proposed zoning amendment is consistent with these objectives. The size and elevation of the lot and the proposed building placement will limit the intensity of development such that it will not result in a building massing or presentation to the street that will have a notable impact on the street scape or abutting properties. The range of permitted uses (Section 8.3.2) includes, A full range of housing types from single detached dwellings to apartments. Parking structures, recreational structures, utility and waste receptacles accessory to medium and high density residential uses. The Housing Densities section (8.3.4) expresses that it is Council s intent to provide for different densities of residential development including Low, Medium and High. The provisions of section (8.3.7) express the intent of Council to permit intensification as a method to increase the supply of housing where adequate off-street parking is provided, compatibility with existing uses is demonstrated and adequate municipal servicing exists. Environmental services staff have indicated that the municipal services in the street are sufficient to service the scale of development possible on the site. The proposed parking exceeds the minimum zoning standard and the setbacks proposed and present on existing lots are such that the project effectively addresses the applicable policies. Residential Design Principles are set out in Section Through this section of the Official Plan Council recognizes the importance of planning communities which are safe, functional, and have a sense of human scale. They anticipate Perth as a community with a high quality of life, a small town Page 3 of 4

14 atmosphere and liveable residential neighbourhoods This intent is upheld by having regard for the design principles set out in this section of the Plan when reviewing residential development or redevelopment projects. The design principles have been addressed through the provisions established in the Town s zoning by-law and the proposed site design. 5.3 Zoning Requirements The Residential Third Density (R4) Zone as established in Zoning By-law 3358 permits apartment dwellings on lots having a minimum lot area of 230 m 2 (2,475.7 ft 2 ) for 1 st 4 units plus 46 m 2 (495 ft 2 ) for each additional unit thereafter. The subject lands exceed the minimum lot area requirement. The By-law sets the maximum density for an apartment dwelling at 100 units per hectare. The density resulting from the proposed development would be roughly one unit for every 130 m 2 ( ft. 2 ). The proposed rezoning is consistent with the intent of the zoning By-law for this form of development. The application concept drawing indicates that a building comparable in design to that being considered by the applicant can be constructed on the lot in a manner that complies with the minimum yard and setback requirements of the R4 Zone. The applicant is requesting a modest reduction in the required landscaped open space from the 4.5 m required under Section 4.22 (a) of the Zoning By-Law, to 1 m between the parking area and the rear lot line. As noted above, the space subject to the reduced buffer request abuts a green-space area on the abutting multi-residential property. However, there is a high degree of visual access between the properties. To manage the visual impact, the amending by-law specifies that that visual screen consisting of a solid board fence or a hedge a minimum of 1.2 m high be provided when a reduced open space buffer is provided between the parking area and the rear lot line. It is consistent with other zoning relief that has been granted by the Town for comparable forms of development. The relief is also similar in magnitude to what would reasonably be approved through a minor variance process. 6. General Comments and Recommendations The application is proposing a zoning change for a use that is consistent with provisions of the Provincial Policy Statement and the intent of the Official Plan and, in fact, serves to implement some of the policies in the Plan. The proponent is requesting relief from the current landscape buffer standard that is relatively minor and does not conflict with the intent of the Zoning By-law. To date, no objections or concerns have been raised by any municipal departments, other agencies or the public. However, it is not prudent to complete the zoning process in the absence of comments from the Canadian Pacific Railway given that reservations have been expressed by a representative of the company and there is potential for site impacts from rail operations. Comments from the railway, therefor will be critical to determining the need for site specific impact mitigation measures and any need to manage or implement such measures through the zoning process. Staff, therfore, suggest that a decision regarding the proposed amendment be deferred pending receipt and evaluation of comments from the railway. Respectfully submitted, Eric Cosens, RPP, M. Sc. Director of Planning Page 4 of 4

15 PAC UB.1 REPORT Date Prepared: January 8, 2014 Date Presented: January 13 th, 2014 To: From: Chair, and Members of the Planning Advisory Committee Eric Cosens, Director of Planning Subject: Zoning By-law Amendment 101 Wilson St W, (Town File D14-AC-05/13 Robert Dixon) For Information Only Delegation X Attachment Recommendation: THAT THE PLANNING ADVISORY COMMITTEE RECOMMEND THAT THE ZONING BY-LAW AMENDMENT TO CHANGE THE ZONE CATEGORY ON LAND MUNICIPALLY KNOWN AS 101 WILSON STREET WEST FROM THE RESIDENTIAL SECOND DENSITY (R2) ZONE TO A RESIDENTIAL FOURTH DENSITY EXCEPTION TWENTY-ONE (R4-21) ZONE BE PASSED PROVIDED NO OBJECTION IS RECIEVED FROM THE CANADIAN PACIFIC RAILWAY. 1.0 Background: A decision regarding the application for a change to a Residential Fourth Density Exception Zone was deferred pending comments from the Canadian Pacific Railway. Recent communication indicates the Railway will not object to the zoning amendment. Staff recommend the zoning proceed. 2.0 Analysis: 2.1 Property Location and Description: The land subject to the proposed Zoning amendments is located at 101 Wilson Street for more information also see report PAC Surrounding Land Uses - see report PAC Proposed Uses A three storey, 24 unit, apartment building is proposed also see report PAC Comments from Notification/Circulation 3.1 for an outline of municipal and agency comments see report PAC Canadian Pacific Railway initially expressed reservations about the proposed development. Formal comments have not been filed but a representative of the Railway has inspected the site and has indicated there is sufficient setback available. Accordingly, an objection to the amendment is unlikely. Page 1 of 2

16 4.0 Financial Considerations: 4.1 see report PAC Existing Policy: 5.1 The Provincial Policy Statement (PPS) - see report PAC The Official Plan for the Town of Perth - see report PAC Zoning Requirements The Residential Third Density (R4) Zone as established in Zoning By-law 3358 permits apartment dwellings on lots having a minimum lot area of 230 m 2 (2,475.7 ft 2 ) for 1 st 4 units plus 46 m 2 (495 ft 2 ) for each additional unit thereafter. The subject lands exceed the minimum lot area requirement. The draft By-law would establish the Residential Fourth Density Exception Twenty-one (R4-21) Zone. This would reduce the required landscaped open space from the 4.5 m required under Section 4.22 (a) of the Zoning By-Law, to 1 m between the parking area and the rear lot line as requested by the applicant. To manage the visual impact of the reduced buffer, the amending by-law specifies that that visual screen consisting of a solid board fence or a hedge a minimum of 1.2 m high be provided when a reduced open space buffer is provided between the parking area and the rear lot line. Consistent with the applicant s Noise study and previous comments from Canadian Pacific Railway Staff, the draft By-law also includes a requirement that any habitable structure be located a minimum of 30 m from the rail corridor. Since the zoning amendment will be completed before the site plan process is finalized, staff further recommend that the amending by-law include a holding provision with the stipulation that no construction above the foundation may occur until the holding provision has been lifted which would occur after the site plan deposit has been filed. 6. General Comments and Recommendations - see report PAC Respectfully submitted, Eric Cosens, RPP, M. Sc. Director of Planning Page 2 of 2